04-28-2004 MinutesBOARD OF SUPERVISORS
MINUTES
April 28, 2004
Supervisors in Attendance:
Mr. Kelly E. Miller, Chairman
Mr. Edward B. Barber, Vice Chrm.
Mrs. Renny B. Humphrey
Mr. R. M. ~Dickie' King, Jr.
Mr. Arthur S. Warren
Mr. Lane B. Ramsey
County Administrator
Staff in Attendance:
Colonel Carl R. Baker,
Police Department
Ms. Jana Carter, Dir.,
Youth Services
Ms. Marilyn Cole, Asst.
County Administrator
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Ms. Rebecca Dickson, Dir.,
Budget and Management
Ms. Lisa Elko, CMC
Clerk
Chief Stephen A. Elswick,
Fire Department
Mr. Dennis Farmer, Exec.
Dir., Historical Society
Ms. Karla Gerner, Dir.,
Human Resource Mgmt.
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Asst. Dir.,
General Services
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Ms. Diane Peterson,
Senior Advocate
Ms. Beverly Rogers, Asst.
Dir., Planning
Mr. Dean Sasek, Asst.
Mgr., Right of Way
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Thomas Taylor, Dir.,
Block Grant Office
Mr. Richard Witt, Asst.
Dir., Building Inspection
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Mr. Miller called the regularly scheduled meeting to order at
4:03 p.m.
1. ~-PPROVAL OF MINUTES FOR APRIL 14, 2004
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
approved the minutes of April 14, 2004, as submitted.
Ayes: Warren, Barber, Humphrey, King and Miller.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. RECOGNITION OF MRS. LISA ELKO AS THE 2004 RECIPIENT OF
THE VIRGINIA MUNICIPAL CLERKS ASSOCIATION'S ~CLERK OF
THE YEAR" AWARD
Mr. Ramsey stated that Mrs. Lisa Elko recently received the
2004 ~Clerk of the Year" award from the Virginia Municipal
Clerks Association. He congratulated Mrs. Elko on this
tremendous accomplishment.
Mr. Miller stated the county is fortunate to have the best
clerk in the Commonwealth of Virginia. He commended Mrs.
Elko on being selected as ~Clerk of the Year."
Mr. Barber presented Ms. Elko with two framed photographs
that were taken the evening she received the award and
congratulated her on behalf of the Board and the citizens of
Chesterfield County.
Mr. Miller presented a bouquet of flowers to Ms. Elko.
Mrs. Elko expressed appreciation to Mr. Ramsey and the Board
for the support they provide to all county employees.
2.B. MODEL COUNTY GOVERNMENT DAY
Ms. Carter stated tomorrow is Model County Government Day and
61 students will participate by shadowing a county official.
Each student came forward and stated their name, school, and
the county official they will be shadowing. Twelve of the
students were seated with the Board members, County
Administrator and the Clerk and participated in today's
meeting.
Seven student advisors came forward and
themselves.
introduced
Mr. Miller thanked the students and
participating in Model County Government Day.
advisors for
3. BOARD COMMITTEE REPORTS
There were no Board Committee Reports at this time.
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REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE
ORDER OF PRESENTATION
On motion of Mr. King, seconded by Mr. Barber, the Board
added Item 8.B.2.h., Resolution Supporting Continued
Evaluation of Powhite Parkway Extension Public-Private
Transportation Act Proposals; and adopted the Agenda, as
amended.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
5.A. RECOGNIZING MS. JOAN FOGG AND MS. MARY JANE JONES FOR
REPRESENTING AND ADVOCATING FOR OLDER ADULTS IN
CHESTERFIELD COUNTY
Mr. Hammer introduced Ms. Joan Fogg and Ms. Mary Jane Jones
who were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Ms. Mary Jane Jones was chosen as one of three
older adults to meet with President George W. Bush on July
30, 2003 at the White House to discuss the need for
prescription drug coverage; and
WHEREAS, Ms. Jones was referenced in President Bush's
speech about the need to modernize Medicare and offer
choices; and
WHEREAS, Ms. Joan Fogg met with President George W. Bush
and Secretary Tommy Thompson, Department of Health and Human
Services in Washington, D.C. on October 29, 2003 with two
other older adults for a roundtable discussion on the need
for prescription drug coverage; and
WHEREAS, Ms. Fogg was referenced in President Bush's
speech about the need for prescription drug coverage; and
WHEREAS, Ms. Fogg and Ms. Jones were invited to
Washington, D.C. and were seated on the stage along with
other older adults and dignitaries to witness President Bush
sign the Medicare Modernization Act on December 8, 2003; and
WHEREAS, Ms. Jones was chosen to appear in a video
produced by the U.S. Department of Health and Human Services
and was interviewed on March 4, 2004 as an example of how the
drug prescription coverage will assist older adults; and
WHEREAS, Ms. Fogg and Ms. Jones have both been willing
to share their ~ersonal experiences and advocate on the
national level ~r prescription drug coverage for Medicare
recipients.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 28th 'day of April 2004,
publicly recognizes Ms. Joan Fogg and Ms. Mary Jane Jones for
representing Chesterfield County with grace and distinction
and for their advocacy on behalf of older citizens in
Chesterfield County and the United States.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
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Mr. Miller presented executed resolutions to Ms. Fogg and Ms.
Jones and commended them on their excellent representation of
Chesterfield County in advocating for senior citizens.
Ms. Fogg stated she is willing to do anything that will help
the seniors of Chesterfield County.
Ms. Peterson stated she is extremely proud of Ms. Fogg and
Ms. Jones and thanked them for representing Chesterfield
County very effectively.
Ms. Thelma Bland Watson, Executive Director of Senior
Connections, expressed appreciation to Ms. Fogg and Ms. Jones
for representing seniors in Washington, D.C., and also to the
Board of Supervisors for recognizing their efforts.
5.B. RECOGNIZING MAY 2004, AS ~OLDERAMERICANS MONTH" IN
CHESTERFIELD COUNTY
Mr. Hammer introduced Mrs. Diane Peterson, Senior Advocate,
and representatives from various organizations that provide
services and programs for older residents.
On motion of the Board, the following resolution was adopted:
WHEREAS, the first recognition of May as Senior Citizens
Month originated with a presidential proclamation in May 1963
by President John F. Kennedy; and
WHEREAS, in 1980 President Jimmy Carter designated May
to be known as Older Americans Month and historically Older
Americans Month has been a time to acknowledge the
contributions of past and current older adults to our
country, in particular those who have defended our country;
and
WHEREAS, President George W. Bush will issue his formal
proclamation asking that the entire nation pay tribute in
some way to older persons in their communities; and
WHEREAS, the 2004 theme for Older Americans Month,
~Aging Well, Living Well," has been chosen to recognize and
celebrate older Americans who are living longer, healthier
and more productive lives; and
WHEREAS, Chesterfield TRIAD has declared May 5tn as
Senior iDay to be celebrated at the Chesterfield County
Fairgrounds Exhibition Building from 9:00 a. m. to 1:00 p.m.;
and
WHEREAS, Older Americans Month acknowledges and salutes
the invaluable experience, wisdom and knowledge that older
residents contribute to Chesterfield County.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 28th day of April 2004,
publicly recognizes May 2004, as ~Older Americans Month" in
Chesterfield County and expresses its appreciation to all the
organizations who serve older adults and wishes them
continued success in all their efforts on behalf of our older
residents.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
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Mr. Miller presented executed resolutions to each of the
representatives present and expressed appreciation for their
contributions to the county's senior citizens.
Mrs. Peterson expressed appreciation to the individuals
present for their commitment to enhancing the quality of life
of older adults in Chesterfield County, and also to Bon
Secours and CJW Medical Center for their generous support in
sponsoring the Chesterfield TRIAD Senior Day and providing
funding for the resource directory for older and disabled
adults.
Ms. Margaret Lewis, Chief Executive Officer of CJW Medical
Center, expressed appreciation to the Board for the
recognition and stated CJW is pleased to be a part of the
community.
5.C. RECOGNIZING APRIL 26-30, 2004, AS VREACH OUT NOW TEACH-
IN" WEEK IN CHESTERFIELD COUNTY
Major Thierry Dupuis introduced Mr. Chris Lindbloom, Chairman
of the SAFE Coalition, who was present to receive the
resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, in 2002, approximately 10.7 million drinkers
were under legal age (ages 12 to 20); and
WHEREAS, alcohol use among children and adolescents
starts early and increases rapidly with age; and
WHEREAS, by the time they reach the eighth grade, nearly
50 percent of adolescents have used alcohol illegally at
least once, and over 20 percent report having been drunk; and
WHEREAS, underage alcohol use is more likely to kill
young people than all illegal drugs combined; and
WHEREAS, children, with care and support from family,
friends, health professionals, teachers, clergy, and others,
can avoid the negative effects of alcohol and drugs; and
WHEREAS, the Substance Abuse and Mental Health Services
Administration in the U.S. Department of Health and Human
Services encourages communities to highlight the importance
of reaching children early to prevent underage alcohol use
during ~Reach Out Now Teach-In Week" the last week of April;
and
WHEREAS, the child safety officers from the Chesterfield
Police Department teach fifth-grade students about the
harmful effects of underage alcohol use and how they can
resist pressure to use; and
rAK{EREAS, child safety officers from the Chesterfield
Police Department collaborate with SAFE, Chesterfield's
coalition to prevent underage drinking and drug use, to
distribute Use, You Lose t-shirts to fifth-grade students to
reinforce no-use messages; and
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WHEREAS, child safety officers from the Chesterfield
Police Department will have provided Reach Out Now materials
to the parents of over 4,000 fifth-grade students by April
30th to assist them in talking with their children about
underage drinking.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 28tn day of April 2004,
publicly recognizes April 26-30, 2004, as "Reach Out Now
Teach-In Week" and encourages continued efforts to prevent
underage drinking and drug use.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Barber, accompanied by two Model County Government
students, presented the executed resolution to Mr. Lindbloom
and expressed appreciation for the efforts of SAFE Coalition
to prevent underage drinking and drug use.
Each of the students shared their DARE Program experiences
from fifth grade.
Mr. Lindbloom expressed appreciation to the Board for its
continued support of the SAFE Coalition.
6. WORK SESSIONS
There were no work sessions at this time.
7. DEFERRED ITEMS
0 TO CONSIDER THE PROPOSED SUBDIVISION CONNECTIVITY POLICY
Mr. Kirk Turner, Development Manager, stated staff is
recommending that the Board defer action on the proposed
Subdivision Connectivity Policy until such time as the
Emergency Access Policy is brought before the Board and then
take both policies under consideration at the same time.
On motion of Mr. Miller, seconded by Mr. King, the Board
deferred consideration of the Subdivision Connectivity Policy
until such time as the Emergency Access Policy is brought
before the Board and then take both policies under
consideration at the same time.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8. NEW BUSINESS
8. A. APPOINTMENTS
On motion of Mr. Warren, seconded by Mr. Barber, the Board
suspended its rules at this time to allow simultaneous
nomination/appointment/reappointment of members to serve on
the Camp Baker Management Board.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
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0 CAMP BAKER BOARD
On motion of Mr. Warren, seconded by Mr. King, the Board
simultaneously nominated/reappointed Mr. Hubert Urban,
representing the Clover Hill District, to serve on the Camp
Baker Management Board, whose term is effective May 1, 2004
and expires April 30, 2007.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
On motion of Mr. King, seconded by Mr. Barber, the Board
simultaneously nominated/appointed/reappointed the following
members to serve on the Camp Baker Management Board, whose
terms are effective May 1, 2004:
Name District
Term Expiration
Mr. Vincent Burgess
Richmond Area
Association
for Retarded
Citizens
4/30/2006
Mr. Moring E. Gravitt
Bermuda 4/30/2007
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B. CONSENT ITEMS
8.B.1. STATE ROAD ACCEPTANCE
On motion of Mr. Barber, seconded by Mr. King, the Board
adopted the following resolution:
~HEREAS, the street described below is shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
~AVHEREAS, 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.
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Type Change to the Secondary System of State Highways: Addition
Basis for Change:
Statutory Reference:
Project:
From:
To:
Addition, New subdivision street
§33.1-229
Gregorys Charter, Section D
Gregorys Charter Drive, State Route Number: 3745
0.03 Mi. E of Lynchester Dr., (Rt. 910)
Cu-de-sac, a distance of: 0.11 miles.
Right-of-way record was filed on 12/10/2001 with the Office Of Clerk To Circuit Court in Pb.122; Pg. 37,
with a width of 50 Ft.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.2. ADOPTION OF RESOLUTIONS
8.B.2.&. RECOGNIZING LIEUTENANT NORMAN D. TINSLEY,
CHESTERFIELD COUNTY FIRE AND EMERGENCY MEDICAL
SERVICES DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Barber, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Lieutenant Norman D. Tinsley will retire from
the Fire and Emergency Medical Services Department,
Chesterfield County, on May 1, 2004; and
WHEREAS, Lieutenant Tinsley attended Recruit School #10
in 1979 and has faithfully served the county for nearly
twenty-five years in various assignments as a Firefighter at
the Manchester Fire Station; as a Firefighter at the
Midlothian Fire Station; as a Sergeant at the Bon Air Fire
Station; as a Lieutenant at the Airport Fire and EMS Station;
and as a Lieutenant at the Matoaca Fire Station; and
WHEREAS, Lieutenant Tinsley was involved in a successful
life save on November 13, 1982 at a house fire on Skinquarter
Road; and
WHEREAS, Lieutenant Tinsley was involved in a successful
childbirth; and
WHEREAS, Lieutenant Tinsley was recognized in October
1992 with an Emergency Medical Services award for his role in
saving the life of a citizen suffering from cardiac arrest;
and
WHEREAS, Lieutenant Tinsley was an active member of the
Hazardous Incident Team for nearly ten years; and
~EREAS, Lieutenant Tinsley is certified as a State Fire
Instructor III, an adjunct instructor for the State of
Virginia, an Industrial Fire Brigade instructor, a Hazardous
Materials instructor, a Hazardous Materials Specialist, a
Public Fire and. Life Safety Educator and the coordinator for
the Sixth Grade Fire Prevention Program.
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NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the contributions of
Lieutenant Norman D. Tinsley, expresses the appreciation of
all residents for his service to the county, and extends
appreciation for his dedicated service and congratulations
upon his retirement.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8 .B.2 .b.
RECOGNIZING THE WEEK OF MAY 2-8, 2004, AS
"MUNICIPAL CLERKS WEEK"
On motion of Mr. Barber, seconded by Mr. King,
adopted the following resolution:
the Board
WHEREAS, the Office of the Municipal Clerk, a time
honored and vital part of local government exists throughout
the world; and
WHEREAS, the Office of the Municipal Clerk is the oldest
among public servants; and
WHEREAS, the Office of the Municipal Clerk provides the
professional link between the citizens, the local governing
bodies and agencies of government at other levels; and
WHEREAS, Municipal Clerks have pledged to be ever
mindful of their neutrality and impartiality, rendering equal
service to all; and
WHEREAS, Municipal Clerks serve as the information
center on functions of local government and the community;
and
WHEREAS, Municipal Clerks continually strive to improve
the administration of the affairs of the Office of the
Municipal Clerk through participation in education programs,
seminars, workshops and the annual meetings of their state,
province, county and international professional
organizations; and
WHEREAS, it is most appropriate that we recognize the
accomplishments of the Office of the Municipal Clerk.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the week of May 2-8,
2004, as "Municipal Clerks Week" and extends their
appreciation to Chesterfield's Municipal Clerks, Mrs. Lisa
Elko, CMC and Mrs. Janice Blakley, CMC, and to all Municipal
Clerks for the vital services they perform and their
exemplary dedication to the communities they represent.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.2 .C ·
RECOGNIZING MAY 16-22, 2004, AS ~BUSINESS
~PRECIATIONWEEK" IN CHESTERFIELD COUNTY
On motion of Mr. Barber, seconded by Mr. King, the Board
adopted the following resolution:
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WHEREAS, Chesterfield County has a thriving base of
business and industry to support the local economy; and
WHEREAS, these businesses are both domestically and
internationally based and range in size from very small
entrepreneurial companies to large companies employing more
than 2,800 people; and
WHEREAS, these businesses provide essential employment
opportunities for the citizens of Chesterfield County; and
WHEREAS, nearly $62 million has been invested and 466
new jobs created by industry thus far in fiscal year 2003-
2004, with the total impact of county businesses being an
integral part of the local economy and vital to supporting
the high quality of life enjoyed by Chesterfield residents;
and
WHEREAS, business tax revenues are critical in
offsetting the cost of county-provided services required by
our rapidly growing residential sector, in addition to
industry taking an active role in making the community a
better place through their commitment to charitable
organizations, schools, recreation and other worthwhile
endeavors.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby expresses its gratitude on
behalf of county residents to all businesses and industry
located in Chesterfield for their contributions over many
years by recognizing May 16-22, 2004, as ~Business
Appreciation Week."
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.2 .d.
RECOGNIZING MAY 10-16, 2004, AS ~COVER THE
UNINSURED WEEK"
On motion of Mr. Barber, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, modern medical technology and new medicines and
techniques have made it possible to greatly improve longevity
and quality of life for many people; and
WHEREAS, the majority of Americans have some form of
health care coverage that enables them to avail themselves of
these medical advances and good health care; and
WHEREAS, there are still 44 million Americans who do not
have health care coverage; and
WHEREAS, eight out of the ten uninsured Americans are in
working families that cannot afford health insurance and are
not eligible for public programs; and
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WHEREAS, uninsured Americans statistically live shorter
lives and have more health problems because they are unable
to receive the health care they need; and
WHEREAS, rising health care costs mean that more
Americans are becoming uninsured in our communities; and
WHEREAS, there is an urgent need to seek solutions to
address the needs of all Americans to access to health care;
and
WHEREAS, locally, REACH (Richmond Enhancing Access to
Community Healthcare) is working to raise awareness of this
issue and to seek collaboration among Richmond regional
healthcare safety net providers.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 28th day of April 2004,
recognizes May 10-16, 2004, as ~Cover the Uninsured Week" and
extends its appreciation to REACH and to all those who are
working on behalf of Americans without health care insurance
so that they may enjoy the benefits of good health for
themselves and their families.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.2 .e.
RECOGNIZING THE WEEK OF MAY 24-28, 2004, AS
~INTERNAL AUDITOR WEEK" IN CHESTERFIELD COUNTY
On motion of Mr. Barber, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Internal Auditors play an essential role in
helping public and private entities accomplish their goals
and objectives; and
WHEREAS, Internal Auditors assume the burden of
analyzing and monitoring important issues, such as risk and
control, governance processes, reliability and integrity of
information, and compliance with policies and regulations;
and
WHEREAS, Internal Auditors then synthesize this
information and advise organizations, board members, and
management on what they can do to maintain, correct, or
improve their operations.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the week of May 24-28,
2004, as 'Internal Auditor Week" and encourages all citizens
to make note of this observance and to learn more about the
important contributions of Internal Auditors in Chesterfield
County.
AND, BE IT FURTHER RESOLVED, that the Board of
Supervisors salutes the Chesterfield County Internal Audit
Office Staff for its professionalism and the Central Virginia
Chapter of the Institute of Internal Auditors for its
exemplary service and exceptional performance.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
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8.B.2.f. RECOGNIZING MAY 9-16, 2004, AS "NATIONAL LAW
ENFORCEMENT WEEK"
On motion of Mr. Barber, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, one of Chesterfield County's eight strategic
goals is ~to be the safest and most secure community compared
to similar jurisdictions"; and
WHEREAS, no human aspiration is more fundamental and
important than safety of family, self and others whom we hold
dear; and
WHEREAS, the dedicated, loyal and brave members of the
various law enforcement agencies that operate in Chesterfield
County provide an invaluable service to all citizens; and
WHEREAS, this service, provided 24 hours a day and 365
days a year, is part of the foundation upon which our quality
of life rests; and
WHEREAS, during a time of war overseas and heightened
risks of terrorist attacks on our homeland, law enforcement
agencies are doing everything within their means to provide
for the security of our nation during these trying times; and
WHEREAS, the week of May 9-16, 2004, is widely
recognized across the nation as ~National Law Enforcement
Week" and will honor the 146 police officers who gave their
lives in 2003 in the line of duty, eight of whom died serving
the Commonwealth; and
WHEREAS, on May 28, 2003, Chesterfield County Police
Officer Ryan E. Cappelletty became the fourth Chesterfield
County Police Officer to die while in the performance of his
duty; and
WHEREAS, Chesterfield County is proud and honored to
have such outstanding and professional individuals serving as
law enforcement officers in the county to protect the health,
safety and welfare of its citizenry.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby recognizes the week of May
9-16, 2004, as ~National Law Enforcement Week" in
Chesterfield County and calls this recognition to the
attention of all its citizens.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.2
RECOGNIZING THE PARKS AND RECREATION ADVISORY
COMMISSION'S NOMINEES FOR THEIR VOLUNTARY
CONTRIBUTIONS TO CHESTERFIELD COUNTY PARKS AND
RECREATION
On motion of Mr. Barber, seconded by Mr. King, the Board
adopted the following resolution:
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WHEREAS, participation in youth athletics has long been
an integral part in the physical and emotional development of
the youth of Chesterfield County; and
WHEREAS, Mr. Jose Sanchez was the co-founder of the
Greenfield Youth Soccer League; and
WHEREAS, Mr. Sanchez also served as Youth Soccer League
Commissioner and Director of Referees; and
WHEREAS, Mr. Sanchez was a coach for the Youth League,
Select Team RMYSL Soccer; and
Whereas, Mr. Sanchez has been the President or Vice
President of the Chesterfield Adult Soccer League for over 20
years; and
WHEREAS, Mr. Sanchez was co-founder of the Chesterfield
Indoor Adult Soccer League; and
WHEREAS, Mr. Sanchez was a key player in raising the
awareness of recreational soccer for both youth and adults in
Chesterfield County; and
WHEREAS, the Chesterfield County Parks and Recreation
Advisory Commission recommended that exemplary volunteerism
in the Parks and Recreation area be recognized through
display of volunteer names and accomplishments on five
Volunteer Hall of Fame Monuments located throughout the parks
system.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, on behalf of the citizens of
Chesterfield County, recognizes Mr. Jose Sanchez for his
dedicated and unselfish commitment to the youth and adults of
Chesterfield County, by displaying his name on the
Chesterfield County Parks and Recreation Volunteer Hall of
Fame Monument at Rockwood Park.
AND, BE IT FURTHER RESOLVED, that the Board of
Supervisors expresses appreciation to Mr. Sanchez for his
untiring efforts; thanks his family for their support of his
public service; and urges all Chesterfield County residents
to keep Mr. Sanchez's many contributions fondly in mind when
they visit Rockwood Park.
And, further, the Board adopted the following resolution:
WHEREAS, participation in youth athletics has long been
an integral part in the physical and emotional development of
the youth of Chesterfield County; and
WHEREAS, Mrs. Pat Burkes was an inspiration and leader
of the Bon Air Southampton Quarterback Club for over 42
years; and
WHEREAS, the Bon Air Southampton Quarterback Club
provided athletic opportunities for boys and girls to
participate in football, baseball, cheerleading and
basketball; and
WHEREAS, Mrs. Burkes believed that young people who
learned early in life about responsibility, fair play, good
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sportsmanship, winning and losing and the fun of competition
would develop into valuable role models as adults; and
WHEREAS, when informed that there was a need for a
little league program in her area, Mrs. Burkes developed a
program which is now known as Huguenot Little League; and
WHEREAS, Mrs. Burkes' most outstanding achievement is
the lessons of life learned by the alumni of the Bon Air
Southampton Quarterback Club; and
WHEREAS, the Chesterfield County Parks and Recreation
Advisory Commission recommended that exemplary volunteerism
in the Parks and Recreation area be recognized through
display of volunteer names and accomplishments on five
Volunteer Hall of Fame Monuments located throughout the parks
system.
NOW~ THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, on behalf of the citizens of
Chesterfield County, recognizes the late Mrs. Pat Burkes for
her dedicated and unselfish commitment to the youth of
Chesterfield County, by displaying her name on the
Chesterfield County Parks and Recreation Volunteer Hall of
Fame Monument at Huguenot Park.
AND~ BE IT FURTHER RESOLVED, that the Board of
Supervisors recognizes the dedicated commitment and untiring
efforts displayed by Mrs. Burkes; thanks her family for their
support of her public service; and urges all Chesterfield
County residents to keep Mrs. Burkes' many contributions
fondly in mind when they visit Huguenot Park.
And, further, the Board adopted the following resolution:
WHEREAS, participation in youth athletics has long been
an integral part in the physical and emotional development of
the youth of Chesterfield County; and
WHEREAS, Mr. James ~Punky" Lumpkin has served as
President of the Chesterfield Boys Basketball League for 20
years; and
WHEREAS, Mr. Lumpkin has been Chairman of the State
Mental Health Board; and
WHEREAS, Mr. Lumpkin has been Chairman and Board Member
for Camp Baker; and
WHEREAS, Mr. Lumpkin has been a coach for the Hopkins
Athletic Association Boys Basketball Team; and
WHEREAS, Mr. Lumpkin has served as a Chesterfield Boys
Basketball Minor League Commissioner; and
WHEREAS, under Mr. Lumpkin's guidance and direction, the
Instructional League and the Challenger Division for the
Chesterfield Boys Basketball League was developed; and
WHEREAS, the Chesterfield County Parks and Recreation
Advisory Commission recommended that exemplary volunteerism
be recognized in the Parks and Recreation area through
display of volunteer names and accomplishments on five
06-368
04/28/04
Volunteer Hall of Fame Monuments located throughout the parks
system.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, on behalf of the citizens of
Chesterfield County, recognizes Mr. Punky Lumpkin for his
dedicated and unselfish commitment to the youth of
Chesterfield County, by displaying his name on the
Chesterfield County Parks and Recreation Volunteer Hall of
Fame Monument at the Harry G. Daniel Park at Ironbridge.
AND, BE IT FURTHER RESOLVED, that the Board of
Supervisors recognizes the dedicated commitment and untiring
efforts displayed by Mr. Lumpkin; thanks his family for their
support of his public service; and urges all Chesterfield
County residents to keep Mr. Lumpkin's many contributions
fondly in mind when they visit the Harry G. Daniel Park at
Ironbridge.
And, further, the Board adopted the following resolution:
WHEREAS, participation in youth athletics has long been
an integral part in the physical and emotional development of
the youth of Chesterfield County; and
WHEREAS, Mr. Ralph Bolling has been an inspiration and
leader of the Ettrick Community for over 15 years; and
WHEREAS, under Mr. Bolling's guidance and direction as
President of the Ettrick Athletic Association, improvements
were made to the athletic and community recreational
facilities at Ettrick Park; and
WHEREAS, Mr. Bolling has served on the Advisory Council
for the Ettrick Community Building and was the first
President of the Ettrick Teen Center; and
WHEREAS, Mr. Bolling was appointed to serve on the first
board of the Chesterfield First Tee Golf Association; and
WHEREAS, Mr. Bolling has volunteered as the Matoaca High
School sports announcer since 1992; and
WHEREAS, the Chesterfield County Parks and Recreation
Advisory Commission recommended that exemplary volunteerism
be recognized in the Parks and Recreation area through
display of volunteer names and accomplishments on five
Volunteer Hall of Fame Monuments located throughout the parks
system.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, on behalf of the citizens of
Chesterfield County, recognizes Mr. Ralph Bolling for his
dedicated and unselfish commitment to the youth of
Chesterfield County, by displaying his name on the
Chesterfield County Parks and Recreation Volunteer Hall of
Fame Monument at Matoaca Park.
AND, BE IT FURTHER RESOLVED, that the Board of
Supervisors recognizes the dedicated commitment and untiring
efforts displayed by Mr. Bolling; thanks his family for their
support of his public service; and urges all Chesterfield
0~-369
0~/28/0~
County residents to keep Mr. Bolling's many contributions
fondly in mind when they visit Matoaca Park.
And, further, the Board adopted the following resolution:
WHEREAS, participation in youth athletics has long been
an integral part in the physical and emotional development of
the youth of Chesterfield County; and
WHEREAS, Mr. Raymond E. Hevener, Sr. has been a coach,
league commissioner and board member for the Chesterfield
Quarterback League for over 40 years; and
WHEREAS, under Mr. Hevener's guidance and direction, the
Chesterfield Optimist Baseball League was developed and
expanded to what is known today as the Chesterfield Baseball
Clubs; and
WHEREAS, Mr. Hevener has been a major contributor to
area youth athletic leagues, associations and area public
schools; and
WHEREAS, Mr. Hevener was instrumental in promoting the
success of the first Parks and Recreation bond referendum,
which helped develop the park facilities in southern
Chesterfield County; and
WHEREAS, Mr. Hevener is still remembered for his
mentoring, his philosophy of fair play and his commitment and
love for youth athletics by being called upon time after time
by area leagues and associations for his guidance; and
WHEREAS, the Chesterfield County Parks and Recreation
Advisory Commission recommended that exemplary volunteerism
be recognized in the Parks and Recreation area through
display of volunteer names and accomplishments on five
Volunteer Hall of Fame Monuments located throughout the parks
system.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, on behalf of the citizens of
Chesterfield County, recognizes Mr. Raymond E. Hevener, Sr.
for his dedicated and unselfish commitment to the youth of
Chesterfield County, by displaying his name on the
Chesterfield County Parks and Recreation Volunteer Hall of
Fame Monument at the R. Garland Dodd Park at Point of Rocks.
AND, BE IT FURTHER RESOLVED, that the Board of
Supervisors recognizes the dedicated commitment and untiring
efforts displayed by Mr. Hevener; thanks his family for their
support of his public service; and urges all Chesterfield
County residents to keep Mr. Hevener's many contributions
fondly in mind when they visit the R. Garland Dodd Park at
Point of Rocks.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8 .B.2 .h.
SUPPORTING CONTINUED EVALUATION OF POWHITE
PARKWAY EXTENSION PUBLIC-PRIVATE TRANSPORTATION
ACT PROPOSALS
On motion of Mr. Barber, seconded by Mr. King,
adopted the following resolution:
04-370
the Board
04/28/04
WHEREAS, the Virginia Department of Transportation
(VDOT) has received two conceptual proposals under the
Virginia Public-Private Transportation Act (PPTA) offering to
construct a new, limited access, toll highway facility from
the western terminus of the Powhite Parkway to a connection
with Route 360 near Skinquarter (the ~Extension"), a distance
of approximately nine miles; and
WHEREAS, the Extension is a desirable and necessary
element of Chesterfield's Thoroughfare Plan, will serve
county residents and businesses, and will help alleviate
congestion on existing roads in the county; and
WHEREAS, current VDOT Six Year Improvement Programs
include no funding for the construction of the Extension; and
WHEREAS, VDOT has given the county no indication that
they intend to provide funding for the Extension in the
foreseeable future; and
WHEREAS, evaluation of detailed proposals is necessary
before the county can formulate a position on either proposal
for the Extension.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors requests VDOT and the
Commonwealth Transportation Board to advance both PPTA
proposals to the detailed proposal evaluation stage.
AND, BE IT FURTHER RESOLVED, that the Board requests
both proposals include an option in their detailed proposals
that provide for the Extension without a toll increase on the
existing Powhite Parkway or Downtown Expressway.
AND, BE IT FURTHER RESOLVED, that the County
Administrator and Board Chairman explore with the City of
Richmond, VDOT, and RMA acceptable means by which the
Extension may be constructed.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.3. SET PUBLIC HEARING DATES
8.B.3.a. TO CONSIDER AMENDMENTS TO THE ZONING ORDINANCE
RELATING TO MOTOR VEHICLE SALES AND REPAIR IN
C-3 AND C-4 ZONING DISTRICTS
On motion of Mr. Barber, seconded by Mr. King, the Board set
the date of May 26, 2004 at 7:00 p.m. for a public hearing to
consider amendments to the Zoning Ordinance relating to motor
vehicle sales and repair in C-3 and C-4 zoning districts.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.3.b.
TO CONSIDER THE APPROPRIATION OF FUNDS FOR THE
WIDEN~G OF ROBIOUS ROAD FROM SALISBURY ROAD TO
TWIN TEAM LANE AND FROM TWIN TEAM ~kNE TO JAMES
RIVER ROAD
On motion of Mr. Barber, seconded by Mr. King, the Board set
the date of May 26, 2004 at 7:00 p.m. for a public hearing to
04-371
04/28/04
consider appropriation of $918,000 in cash proffers from
traffic shed 2 for widening Robious Road from Salisbury Road
to Twin Team Lane, and $913,120 in cash proffers from traffic
shed 1 for widening Robious Road from Twin Team Lane to James
River Road.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.3 .C.
TO CONSIDER AMENDMENTS TO THE ZONING ORDINANCE
~LATiNG TO DEVELOPMENT STANDARDS FOR Pu~AI~i~G
WALLS IN OFFICE, COMMERCIAL AND INDUSTRIAL
DISTRICTS
On motion of Mr. Barber, seconded by Mr. King, the Board set
the date of May 26, 2004 at 7:00 p.m. for a public hearing to
consider amendments to the Zoning Ordinance relating to
development standards for retaining walls in Office,
Commercial and Industrial Districts.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.4. REQUEST FOR A MUSIC/ENTERTAINMENT FESTIVAL PERMIT FOR
SUNDAYS' RESTAURANT OUTDOOR CONCERT ON MAY 31, 2004
On motion of Mr. Barber, seconded by Mr. King, the Board
approved a request for a music/entertainment festival permit
for Sundays' Restaurant outdoor concert on May 31, 2004.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.5. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE AN
AMENDMENT TO THE WATER AND WASTEWATER CONTRACT
BETWEEN GRAY LAND AND DEVELOPMENT COMPANY AND THE
COUNTY OF CHESTERFIELD
On motion of Mr. Barber, seconded by Mr. King, the Board
authorized the County Administrator to execute an amendment
to the water and wastewater contract between Gray Land and
Development Company and the County of Chesterfield in a form
acceptable to the County Attorney.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.6. REQUESTS TO QUITCLAIM
8.B.6.&. A PORTION OF A SIXTEEN-FOOT WATER EASEMENT ACROSS
THE PROPERTY OF CARMAX AUTO SUPERSTORES,
INCORPORATED
On motion of Mr. Barber, seconded by Mr. King, 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-foot water easement across the property of
Carmax .Auto Superstores, Incorporated. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-372
04/28/04
8.B.6.b. A PORTION OF A SIXTEEN-FOOT DRAINAGE ~AREM~NT
(PUBLIC) ACROSS THE PROPERTY OF WB HULL STR~T
ASSOCIATES, LLC
On motion of Mr. Barber, seconded by Mr. King, 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-foot drainage easement (public) across the
property of WB Hull Street Associates, LLC. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.6.c. A PORTION OF A SIXTEEN-FOOT DRAINAGE EASEMENT
(PUBLIC) ACROSS THE PROPERTY OF GARCIA REAL ~STAT~
II, LC
On motion of Mr. Barber, seconded by Mr. King, 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-foot drainage easement (public) across the
property of Garcia Real Estate II, LC. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.6.d. A PORTION OF A SIXTEEN-FOOT WATER EASEMENT ACROSS
THE PROPERTY OF PENCE-BRI~S, INCORPORATED
On motion of Mr. Barber, seconded by Mr. King, 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-foot water easement across the property of
Pence-Briggs, Incorporated. (It is noted a copy of the plat
is filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.6.e. A PORTION OF A SIXTEEN-FOOT WATER EASEMENT ACROSS
THE PROPERTY OF THE PRICE COMPANY
On motion of Mr. Barber, seconded by Mr. King, 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-foot water easement across the property of
The Price Company. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-373
04/28/04
8.B.6.f. A PORTION OF A SIXTEEN-FOOT DRAINAGE EASEMENT
(PUBLIC) ACROSS T~ PROPERTY OF RICHMOND AFFORDABLE
HOUSING
On motion of Mr. Barber, seconded by Mr. King, 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-foot drainage easement (public) across the
property of Richmond Affordable Housing. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
9. W~RINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
O C?.aTM OF ONYX INDUSTRIAL SERVICES, INCORPORATED
Mr. Stylian Parthemos, Senior Assistant County Attorney,
stated the county entered into a contract with Onyx
Industrial Services, Incorporated in April 2003 to clean the
maintenance bays at the county vehicle garage. He further
stated the smaller of the two bays is used for automobiles
and other light vehicles and the larger one is used for heavy
vehicles. He stated the bays were to be professionally
cleaned so that they could then be painted by county staff.
He further stated two bids were obtained for the cleaning
service, and Onyx was the low bidder, contracting to clean
both bays for the sum of $9,800. He stated it was
anticipated that the work would be completed in one week. He
further stated that, after about a month on the job, Onyx had
only completed cleaning the smaller of the two bays and left
the job claiming the work was complete. He stated, after
attempting to persuade Onyx to return, the county had to hire
a second contractor to complete the job. He further stated
the second contractor cleaned the heavy vehicle maintenance
bay in four days using fewer people than Onyx used during the
month that they cleaned the smaller light vehicle bay, noting
that the county paid the second contractor the sum of $4,160
to finish the cleaning job. He provided a video depicting
the unclean conditions of the heavy vehicle bay at the time
Onyx left the job.
When asked, Mr. Parthemos stated a couple of weeks lapsed
between the time Onyx left the job and when the video was
filmed.
Mr. Randy Emory, County Garage Supervisor, provided details
of the problems caused as a result of the delay in completing
the project. He stated Onyx had indicated that the job could
be completed in five ten-hour days, and vehicle maintenance
employees were sent for training with local vendors during
the week that the job was to be completed so there would be
no down-time. He further stated a backlog was created as a
result of the technicians returning while Onyx was still
cleaning.
Mr. Parthemos stated Onyx did complete the one light
maintenance bay and is legally entitled to be paid $9,800
minus the $4,160 the county had to pay to clean the second
bay. He further stated Onyx has refused to accept this
amount, and it is their position that they are entitled to
04-374
04/28/04
$21,112.65 because the work that they did took a lot more
time than the original estimate of five ten-hour days. He
stated that when the bid of $9,800 was originally submitted,
staff contacted Onyx to tell them the contract must be for a
fixed price job, and Onyx indicated they were prepared to
enter into a fixed price contract for $9,800; therefore,
staff prepared a purchase order for $9,800 which was sent
prior to them doing the work. He noted that the purchase
order states on the back that the amount cannot be increased
without another written purchase order changing it,
indicating that Onyx never requested such a change until
after they left the job.
Mr. John Trexler, representing Onyx Industrial Services,
Incorporated, stated the proposal submitted by Onyx shows an
estimated price of $9,800, indicating that the proposal was
attached to a purchase order which makes reference to the
written quote. He further stated the purchase order states
"to furnish all labor, materials and equipment necessary to
power wash the interior of the bay." He stated the equipment
and vehicles inside the building kept Onyx from being able to
power wash the interior of the building. He further stated
hand cleaning is labor intensive, and that is what Onyx was
required to do instead of power washing, thus the increased
time and cost. He stated Onyx was told to stop the work
because the county did not like the quality and how fast it
was proceeding, and then the county requested that Onyx
return for the $9,800 fixed price to finish the job. He
further stated Mr. Emory originally approved the work being
done by Onyx, according to Onyx representatives, and was
later advised that there would be additional costs. He
stated Onyx did clean one bay and because of the
circumstances, the price increased to $21,112.65.
Mr. Parthemos stated the purchase order specifically states
the price of the job is $9,800 and references the verbal
conversation turning the quote into a firm price. He further
stated the second contractor hand wiped the entire heavy
vehicle bay in four days. He stated that, according to
county staff, the job was not properly supervised and the
work did not proceed forward in an efficient manner.
On motion of Mr. Barber, seconded by Mr. King, the Board
denied the claim of Onyx Industrial Services, Incorporated.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
10. REPORTS
10.A. REPORT ON THE DEVELOPER WATER AND SEWER CONTRACTS
10.B. REPORT ON THE STATUS OF GENERAL FUND B~T.~NCE, RESERVE
FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT
10 .C.
FUNDS AND LEASE PURCHASES
REPORT ON ROADS ACCEPTED iNTO THE STATE SECONDARY
SYSTEM
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
accepted the following reports: A report on Developer Water
and Sewer Contracts; and a Report on the Status of General
04,-375
04/28/04
Fund Balance, Reserve for Future Capital Projects,
Improvement Funds and Lease Purchases.
And, further, the following roads were accepted
State Secondary System:
ADDITION
BPJLNDY OAKS, SECTION 7
(Effective 3/19/2004)
Pine Reach Court (Route 5678) - From Pine
Reach Drive (Route 5677) to Cul-de-sac
Pine Reach Drive (Route 5677) - From Pine
Reach Court (Route 5678) to Cul-de-sac
Pine Reach Drive (Route 5677) - From Mountcastle
Road (Route 5368) to Pine Reach Court (Route
5678)
HUGUENOT RIDGE
(Effective 2/11,/2004)
Dragonnade Trail (Route 5620) - From Huguenot
Springs Road (Route 607) to Regiment Terrace
(Route 5621)
Dragonnade Trail (Route 5620) - From Regiment
Terrace (Route 5621) to Cul-de-sac
Regiment Terrace (Route 5621) - From Dragonnade
Trail (Route 5620) to Cul-de-sac
RIVER RIDGE, SECTION E
(Effective 3/12/2004)
Southern Points Drive (Route 4353) - From 0.08
mile west of Southern Points Court (Route 4354)
to Southern Ridge Drive (Route 5683)
Southern Points Drive (Route 4353) - From
Southern Ridge Drive (Route 5683) to Cul-de-sac
Southern Ridge Drive (Route 5683) - From
Southern Points Drive (Route 4353) to Cul-de-sac
STONEY GLEN SOUTH, SECTION 2
(Effective 3/12/2004)
Baltustrol Avenue (Route 5393) - From 0.01 mile
east of Dampier Drive (Route 5397) to Woodleigh
Drive (Route 5668)
Claybon Lane (Route 5669) - From Woodleigh Drive
(Route 5668) to 0.04 mile east of Woodleigh Drive
(Route 5668)
Dampier Court (Route 5667) - From Dampier Drive
(Route 5397) to 0.01 mile east of Dampier Drive
(Route 5397)
04-376
District
into the
LENGTH
0.10 Mi.
0.19 Mi.
0.19 Mi.
0.08 Mi.
0.16 Mi.
0.17 Mi.
0.06 Mi.
0.10 Mi.
0.15 Mi.
0.07 Mi.
0.04 Mi.
0.01 Mi.
04/28/04
Dampier Drive (Route 5397) - From Dampier Court
(Route 5667) to 0.04 mile north of Dampier Court
(Route 5667)
Dampier Drive (Route 5397) - From Tooley Drive
(Route 5666) to Dampier Court (Route 5667)
Faraday Drive (Route 5670) - From Woodleigh
Drive (Route 5668) to 0.09 mile east of
Woodleigh Drive (Route 5668)
Faraday Drive (Route 5670) - From Woodleigh
Drive (Route 5668) to Beachmere Drive (Route
5394)
Faraday Place (Route 5671) - From Faraday Drive
(Route 5670) to Cul-de-sac
Tooley Drive (Route 5666) - From Dampier Drive
(Route 5397) to 0.01 mile east of Dampier Drive
(Route 5397)
Tooley Drive (Route 5666) - From Branders Bridge
Road (Route 625) to Dampier Drive (Route 5397)
Woodleigh Drive (Route 5668) - From Claybon Lane
(Route 5669) to Faraday Drive (Route 5670)
Woodleigh Drive (Route 5668) - From Baltustrol
Avenue (Route 5393) to Claybon Lane (Route 5669)
Woodleigh Drive (Route 5668) - From Baltustrol
Avenue (Route 5393) to 0.15 mile south of
Baltustrol Avenue (Route 5393)
WELLINGTON FARMS, SECTION D
(Effective 2/11/2004)
Burkwood Court (Route 5681) - From Wellington
Farms Drive (Route 5352) to Cul-de-sac
Webb Tree Terrace (Route 5680) - From Gravel
Neck Drive (Route 5351) to Cul-de-sac
Wellington Farms Drive (Route 5352) - From
Burkwood Court (Route 5681) to Wellington
Farms Place (Route 5682)
Wellington Farms Drive (Route 5352) - From
Gravel Neck Drive (Route 5351) to Burkwood Court
(Route 5681)
Wellington Farms Drive (Route 5352) - From
Wellington Farms Place (Route 5682) to 0.04 mile
north of Wellington Farms Place (Route 5682)
Wellington Farms Place (Route 5682) - From
Wellington Farms Drive (Route 5352) to Cul-de-sac
WINDY CREEK, SECTION A
(Effective 3/19/2004)
Dortonway Drive (Route 2767) - From 0.10 mile
west of Belmont Road (Route 651) to Madras Court
(Route 5094)
04-377
0.04 Mi.
0.07 Mi.
0.09 Mi.
0.06 Mi.
0.06 Mi.
0.01 Mi.
0.10 Mi.
0.07 Mi.
0.13 Mi.
0.15 Mi.
0.03 Mi.
0.08 Mi.
0.18 Mi.
0.10 Mi.
0.04 Mi.
0.08 Mi.
0.58 Mi.
0~/28/04
Dortonway Drive (Route 2767) - From Belmont Road
(Route 651) to 0.10 mile west of Belmont Road
(Route 651)
0.10 Mi.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Warren recognized Mr. Jim Campbell, Executive Director of
the Virginia Association of Counties, who was present at the
meeting.
11. DINNER
On motion of Mr. Barber, seconded by Mr. King, the Board
recessed to the Administration Building, Room 502, for
dinner.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Reconvening:
12. INVOCATION
Reverend Jay Carey, Pastor of Bethia United Methodist Church,
gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Battalion Chief Robert Lukhard led the Pledge of Allegiance
to the flag of the United States of America.
14. RESOLUTIONS AND SPECIAL RECOGNITIONS
14.A. PRESENTATION OF THE PRO PATRIA AWARD
Mr. William Duff, Chairman of Employer Outreach for the
Central Virginia Employer Support of the Guard and Reserve
Committee (ESGR), stated Chesterfield County was chosen from
500 employers who were nominated by national guard employees
throughout the Commonwealth of Virginia as the recipient of
the Pro Patria Award, which means ~for one's country." He
further stated the county was nominated by Captain Karl
Leonard and is now eligible to be selected to receive the
ESGR's Freedom Award. He stated the county was chosen for
this award because of the exceptional initiatives that have
been implemented to provide support to its reservists and
their families.
Mr. Tholmas Stephens, Chairman of the Central Virginia ESGR
Committee, presented the Pro Patria Award to the Board and
thanked them for their support of Virginia guardsmen and
reservists.
A standing ovation followed.
04-378
04/28/04
Mr. Miller expressed appreciation, on behalf of the Board and
the citizens of Chesterfield County, for the honor of
receiving the Pro Patria Award.
14.B. RECOGNIZING MAY 16-22, 2004, AS ~EMERGENCY~I~DICAL
SERVICES WEEK" IN CHESTERFIELD COUNTY
Mr. David Tesh, Volunteer Recruitment and Retention
Coordinator, introduced Mr. Bruce Wilson, representing
Ettrick-Matoaca Volunteer Rescue Squad; Mr. Hank Scott,
representing Forest View Volunteer Rescue Squad; Mr. Chris
Snyder, representing Manchester Volunteer Rescue Squad; Mr.
Gary Frame, representing Bensley-Bermuda Volunteer Rescue
Squad; Battalion Chief Robert Lukhard, representing
Chesterfield Fire and Emergency Medical Services; and Ms.
Barbara Mayfield, Director of Emergency Communications
Center, who were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, emergency medical services is a vital public
service; and
WHEREAS, the members of emergency medical services teams
are ready to provide lifesaving care to those in need twenty-
four hours a day, seven days a week; and
WHEREAS, access to quality emergency care dramatically
improves the survival and recovery rate of those who
experience sudden illness or injury; and
WHEREAS, emergency medical services providers have
traditionally served as the safety net of America's health
care system; and
WHEREAS, emergency medical services teams consist of
emergency physicians, emergency nurses, emergency medical
technicians, paramedics, firefighters, communications
officers, educators, administrators, and others; and
WHEREAS, the members of emergency medical services
teams, whether career or volunteer, engage in many hours of
specialized training and continuing education to enhance
their lifesaving skills; and
WHEREAS, the citizens and guests of Chesterfield County
benefit daily from the knowledge and skills of these highly
trained individuals; and
WHEREAS, the pre-hospital providers of Chesterfield
County's EMS system responded to 21,424 EMS calls in 2003;
and
WHEREAS, it is appropriate to recognize the value and
the accomplishments of the emergency medical services
providers from Chesterfield Fire and EMS, Chesterfield
County's Emergency Communications Center, and the Volunteer
Rescue Squads of Bensley-Bermuda, Ettrick-Matoaca, Forest
View, and Manchester by designating Emergency Medical
Services Week.
04-379
04/28/04
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes the week of
May 16-22, 2004, as "Emergency Medical Services Week."
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. King presented executed resolutions to the
representatives from the rescue squads, Chesterfield Fire and
EMS, and the Emergency Communications Center, and expressed
appreciation for the valuable services provided by the
county's emergency medical services providers.
Chief Lukhard expressed appreciation to the Board for its
support of emergency medical services in Chesterfield County.
14.C. DESIGNATING MAY 25T~, AS "CHESTERFIELD COUNTY HISTORY
DAY"
Mr. Hammer introduced Colonel Horace Mann, President of the
Chesterfield Historical Society, Mr. Dennis Farmer, Executive
Director, Mr. Farmer's nephew Patrick, and Ms. Doris Hancock
who were present to. receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Chesterfield County was founded on May 25,
1749, by the House of Burgesses, being carved from Henrico
County to eliminate lengthy travel by residents from the
southern area to the Courthouse for business and court
proceedings; and
WHEREAS, Chesterfield County received its name from the
Fourth Earl of Stanhope, England's famed Lord Chesterfield;
and
WHEREAS, Chesterfield was first settled in 1611 at the
Citie of Henricus when residents of Jamestown moved upstream
to a ~convenient, strong, healthie and sweete seate" for a
new town after conditions at Jamestown were too harsh; and
WHEREAS, in 1612, tobacco was first
scientifically in America at Bermuda Hundred; and
cultivated
WHEREAS, in 1614, Bermuda
incorporated town in America; and
Hundred was the first
WHEREAS, in 1619, Falling Creek was the first iron
furnace in the New World; and
WHEREAS, in 1622, Mount Malady, near Dutch Gap, was the
site of the first American hospital and later the first
school for deaf-mutes at ~Cobbs" on the lower Appomattox
River; and
WHEREAS, in 1709, Midlothian produced
commercially mined coal in America; and
the first
WHEREAS, in 1807, Midlothian Turnpike was the first
paved road in Virginia; and
04-380
04/28/04
WHEREAS, in 1811, the first commercial tramway was put
into operation; and
WHEREAS, in 1831, the Midlothian to Manchester Railroad
was the first in Virginia; and
WHEREAS, Chesterfield was the rendezvous
recruits during the American Revolution; and
for new
WHEREAS, Drewry's Bluff, which overlooks the James
River, was a Confederate stronghold during the Civil War and
the Howlett Line was a major Confederate line of defense in
defending Chesterfield, Richmond, and Petersburg; and
WHEREAS, Chesterfield has been the site of many firsts
and continues to be a first choice community.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 28th day of April 2004,
publicly recognizes May 25th, as ~Chesterfield County History
Day," a day to celebrate the county's rich heritage.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Warren presented the executed resolution to Colonel Mann
and stated Chesterfield County has a history to be proud of.
Colonel Mann stated Chesterfield County was very influential
in the settlement of the entire nation.
14.D. RECOGNIZING THE CHESTERFIELD COUNTY CITIZEN PROPOSAL
REVIEW COMMITTEE FOR THEIR PARTICIPATION IN THE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME
INVESTMENT PARTNERSHIP (HOME) CITIZEN PARTICIPATION
PROCESS
Mr. Taylor introduced members of the Chesterfield County
Citizen Proposal Review Committee who were present to receive
the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, citizen participation is an integral part of
the Community Development Block Grant (CDBG) and Home
Investment Partnership (HOME) funding process; and
WHEREAS, the Citizen Proposal Review Committee
represents a group of community stakeholders who are members
of various community and neighborhood organizations within
the CDBG and HOME targeted areas; and
WHEREAS, the Citizen Proposal Review Committee has spent
numerous hours reviewing funding proposal applications and
making funding recommendations for the use of CDBG and HOME
funds within the community; and
WHEREAS, the Citizen Proposal Review Committee's
recommendations assist the county in effectively allocating
limited resources to those citizens who need them the most;
and
04-381
04/28/04
WHEREAS, the Citizen Proposal Review Committee was
composed of concerned citizens from the county's designated
target areas, which over the years consisted of the following
dedicated citizens: Larry Belcher, Ettrick Neighborhood and
Business Foundation; Frances H. Brown, CAPAAMMD; Dave Corbin,
Jefferson Davis Association; Margaret Davis, Bensley Civic
Association; Pete Ellis, Meadowbrook Area Community Council;
Renae Erskine, Ettrick Neighborhood and Business Foundation;
Ree Hart, Jefferson Davis Association; Larry Klebert, Bensley
Civic Association; Floyd H. O'Brien, Jr., Ampthill Civic
Association; and Walter M. Stith, College Park Neighborhood
Watch; and
WHEREAS, the Citizen Proposal Review Committee members
volunteered their time and talent to the benefit of the
citizens of Chesterfield County at no cost; and
WHEREAS, the Citizen Proposal Review Committee has made
funding recommendations that support activities and projects,
which improve the quality of life for all county citizens;
among these were public facility, economic development,
public service, and housing projects.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 28th day of April 2004,
publicly recognizes the members of the Chesterfield County
Community Development Block Grant and Home Investment
Partnership Citizen Proposal Review Committee and expresses
appreciation for the dedicated service of each committee
member.
AND, BE IT FURTHER RESOLVED, that this resolution be
presented to the members of the Citizen Proposal Review
Committee and that this resolution be permanently recorded
among the papers of this Board of Supervisors of Chesterfield
County, Virginia.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mrs. Humphrey presented executed resolutions to members of
the Citizen Proposal Review Committee and expressed
appreciation for their diligence in making recommendations
for the Community Development Block Grant and Home Investment
Partnership funding process.
Mrs. Davis stated the Block Grant Program has provided
funding for the Bensley Community Center which the community
is very proud of.
15. REQUESTS FOR MOBILE HOME PERMITS AND REZONINO 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
RECOM~ENDATIONAND/OR THERE IS PUBLIC OPPOSITION WILL BE
HEARD AT SECTION 18
03SN0329
In Midlothian Magisterial District, LEWIS W. COMBS, JR. AND
JAMES F. STEPHENS request rezoning and amendment of zoning
04-382
04/28/04
district map from Residential (R-40) to Residential (R-15)
with Conditional Use Planned Development to permit exceptions
to Ordinance requirements. Residential use of up to 2.9
units per acre is permitted in a Residential (R-15) District.
The Comprehensive Plan suggests the property is appropriate
for medium density residential use of 1.51 to 4.0 units per
acre. This request lies on 6.5 acres fronting approximately
240 feet on the south line of Robious Road approximately 80
feet east of Sandhurst Lane and lying at the western terminus
of Auger Lane. Tax ID 735-716-8642 (Sheet 2).
Ms. Rogers stated Mr. Barber has requested a deferral until
June 23, 2004.
Mr. Barber stated he informed the applicant's representative
it was not necessary to be in attendance.
Mr. Miller called for public comment.
No one came forward to speak to the deferral.
On motion of Mr. Barber, seconded by Mr. King, the Board
deferred Case 03SN0329 until June 23, 2004.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0201
In Midlothian Magisterial District, M-3 INVESTORS, LLC
requests amendment to Conditional Use (Case 03SN0202) and
amendment of zoning district map to permit a reduction in the
required number of parking spaces. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for general commercial and medium
density residential use of 1.51 to 4.0 units per acre. This
request lies in Residential (R-7) and Community Business (C-
3) Districts on 17.6 acres fronting approximately 600 feet on
the north line of Midlothian Turnpike west of, and adjacent
to, Powhite Parkway, also fronting approximately 400 feet on
the east line of North Pinetta Drive approximately 340 feet
north of Midlothian Turnpike. Tax IDs 754-706-3006 and 4831
(Sheets 6 and 7).
Ms. Rogers presented a summary of Case 04SN0201 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered condition.
Mr. Andy Scherzer, representing the applicant,
recommendation is acceptable.
stated the
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. Barber, seconded by Mr. King, the Board
approved Case 04SN0201 and accepted the following proffered
condition:
Parking shall be provided at a ratio of 0.65 parking spaces
per dwelling unit.
04-383
04/28/04
(Note: This proffer is in addition to Proffered Condition
III.A.3.c. affecting all units within the Multifamily
Residential (R-MF) portion of the project.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0204
In Matoaca Magisterial District, JAMES R. HUDSON, JR.
requests amendment to Conditional Use Planned Development
(Case 85S035) and amendment of zoning district map to permit
a motor vehicle wash. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
community mixed use. This request lies in a Neighborhood
Business (C-2) District on 0.7 acre fronting approximately
190 feet on the east line of North Spring Run Road
approximately 100 feet south of Hull Street Road. Tax ID
726-671-Part of 4343 (Sheet 15).
Ms. Rogers presented a summary of Case 04SN0204 and stated
the Planning Commission and staff recommended approval
subject to conditions. She noted the request conforms to the
Upper Swift Creek Plan.
Mr. Andy Scherzer, representing the applicant,
recommendation is acceptable.
stated the
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
approved Case 04SN0204 subject to the following conditions:
In addition to the uses permitted on the subject
property (Part of Parcel A), motor vehicle wash shall be
permitted on the subject property only. (P)
o
The view of any motor vehicle wash service bays shall be
minimized from view of Hull Street and North Spring Run
Roads. This treatment shall be approved by the Planning
Department at the time of site plan approval. (P)
(NOTES: A.
These conditions are in addition to the
Textual Statement of Case 85S035, Conditions
of Parcel A, and Case 88SN0038 for the subject
property only.
Bo
Ail other conditions of Cases 85S035 and
88SN0038 shall remain applicable.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0206
In Midlothian Magisterial District, JAMES R. HUDSON, JR.
requests rezoning and amendment of zoning district map from
04-384
04/28/04
Neighborhood Business (C-2) to Community Business (C-3). The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for community mixed use.
This request lies on 1.7 acres fronting approximately 200
feet on the east line of North Providence Road at Twinridge
Lane, also fronting approximately 120 feet on the west line
of Buford Road approximately 500 feet north of Midlothian
Turnpike. Tax ID 759-706-4759 (Sheet 7).
Ms. Rogers presented a summary of Case 04SN0206 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions. She noted the
request conforms to the Eastern Midlothian Plan.
Mr. Andy Scherzer, representing the applicant,
recommendation is acceptable.
stated the
Mr. Miller called for public comment.
No one came forward to speak to the request.
After brief discussion, on motion of Mr. Barber, seconded by
Mrs. Humphrey, the Board approved Case 04SN0206 and accepted
the following proffered conditions:
1. Public water shall be used. (U)
Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices installed. (EE)
o
Direct access from the property to North Providence Road
shall be limited to one (1) entrance/exit. The exact
location of this entrance/exit shall be approved by the
Transportation Department. (T)
Prior to any site plan approval thirty-five (35) feet of
right of way on the east side of Providence Road,
measured from the centerline of that part of Providence
Road immediately adjacent to the property shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
Prior to issuance of a certificate of occupancy, an
additional lane of pavement shall be constructed along
North Providence Road for the entire property frontage.
(T)
A decorative fence, a minimum of four (4) feet in height
shall be installed generally along the southern property
line. The exact design and treatment shall be approved
at the time of site plan review. (P)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-385
04/28/04
04SR0244
In Bermuda Magisterial District, SHELLEY MINSON PAYNE
requests renewal of manufactured home permit 97SR0182 to park
a manufactured home in a Residential (R-7) District. The
density of this proposal is approximately 2.9 units per acre.
The Comprehensive Plan suggests the property is appropriate
for residential use of 2.51-4.0 units per acre. This property
is known as 15902 Meridian Avenue. Tax ID 796-635-3600
(Sheet 34).
Ms. Rogers presented a summary of Case 04SR0244 and stated
staff recommends approval subject to conditions.
Mr. Aubrey Minson, representing the applicant, stated the
recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved Case 04SR0244 for seven (7) years, subject to the
following conditions:
The applicant shall be the owner and occupant of the
manufactured home.
Manufactured home permit shall be granted for a period
not to exceed seven (7) years from date of approval.
o
No lot or parcel may be rented or leased for use as a
manufactured home site nor shall any manufactured home
be used for rental property.
No additional permanent-type living space may be added
onto a manufactured home. All manufactured homes shall
be skirted but shall not be placed on a permanent
foundation.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0254
In Bermuda Magisterial District, ROLAND V. STERNINI requests
a manufactured home permit to park a manufactured home in a
Residential (R-7) District. The density of this proposal is
approximately 2.9 units per acre. The Comprehensive Plan
suggests the property is appropriate for community commercial
use. This property is known as 2621 Velda Road. Tax ID 794-
666-5947 (Sheet 18).
Ms. Rogers presented a summary of Case 04SN0254 and stated
staff recommends approval subject to conditions.
A representative accompanying Mr. Roland Sternini stated the
recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
04-386
04/28/04
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved Case 04SN0254 for seven (7) years, subject to the
following conditions:
The applicant shall be the owner and occupant of the
manufactured home.
o
Manufactured home permit shall be granted for a period
not to exceed seven (7) years from date of approval.
o
No lot or parcel may be rented or leased for use as a
manufactured home site nor shall any manufactured home
be used for rental property.
o
No additional permanent-type living space may be added
onto a manufactured home. All manufactured homes shall
be skirted but shall not be placed on a permanent
foundation.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
16. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAI~
0 MS. CHRISTINE M. COVE TO ADDRESS THE BOARD OF SUPERVISORS
REGARDING THE A~PROACHING TERMINATION OF THE GRTC LINK
Ms. Christine Gove, representing the members of the Coalition
for the Link, came forward to address the Board regarding the
approaching termination of the GRTC Link. She recognized
approximately 80 to 100 members of the coalition who were
present at the meeting and requested that the Board take a
leadership role in addressing mass transit issues. She
stated the coalition supports continuation of the Link
service in its present form and requested that the Board hold
public hearings relative to the Link and other mass transit
alternatives for the county. She further stated members of
the coalition are willing to help with plans for fare
increases, adjustment discussions for road miles of bus
routes, the expansion of transit into the Bermuda District,
increasing awareness of bus service to expand ridership
numbers, and being proponents of the benefits of mass
transit. She stated the Link service has a positive impact
on the county's strategic goals and requested that the Board
continue funding the service. She presented the Board with
petitions containing approximately 400 signatures in support
of continuing the Link service.
17. PUBLIC HEARINGS
17.A. TO CONSIDER APPROPRIATION OF FUNDS FOR COMPREHENSIVE
SERVICES (CSA)
Mr. Hammer stated this date and time has been advertised for
a public hearing to consider the appropriation of
Comprehensive Services Act (CSA) funds.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
0&-387
04/28/04
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
appropriated up to $1,752,400 for Comprehensive Services,
including $1,458,500 in state funds; $110,350 in year end
general fund appropriations; $86,350 in school
appropriations; and $97,200 from CSA retained earnings.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
17.B. TO CONSIDER A~NDMENTS TO THE COUNTY'S BUSINESS
LICENS~ TAX ORDINANCE RELATED TO FINANCIAL 8~K~ICES
BUSINESSES AND WHOLESALE MERCHANTS
Mr. Micas stated this date and time has been advertised for a
public hearing to consider amendments to the county's
business license tax ordinance related to financial services
businesses and wholesale merchants.
Mr. Miller called for public comment.
Mr. Cliff Bickford, member of the Chesterfield County
Business Council, stated he supports the proposed amendments.
He requested that the Board review the BPOL ordinance
annually to continue to keep Chesterfield competitive for
business purposes.
There being no one else to speak to the ordinance amendments,
the public hearing was closed.
Mr. Barber stated the amendments will make the county more
attractive to financial services businesses and wholesale
merchants.
Mr. Barber then made a motion, seconded by Mr. King, for the
Board to adopt the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING
AND RE-ENACTING SECTIONS 6-27 AND 6-33 RELATING TO
BUSINESS LICENSE TAX ON FINANCIAL SERVICES AND
WHOLESALE MERCHANTS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 6-27 and 6-33 of the Code of the County of
Chesterfield, 1997, as amended, are amended and re-enacted to
read as follows:
Sec. 6-27. Financial services.
Every person engaged in a financial service shall pay a
license tax of $0.53 per $100.00 of base year gross receipts.
However, in no case shall the tax imposed under this section
exceed $90,000.00 per year.
o o o
Sec. 6-33. Wholesale merchants.
(a} Every person engaged in business as a wholesale merchant
shall pay a license tax of $0.10 per $100.00 of base year
04-388
04/28/04
gross purchases. However, in no case shall the tax imposed
under this section exceed $20,000.00 per year.
o o o
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
17 .C.
TO CONSIDER ORDINANCE AMENDMENTS RELATING TO
DEPARTMENT OF BUILDING INSPECTION FEE INCREASER
Ms. Dickson stated this date and time has been advertised for
a public hearing to consider ordinance amendments relating to
Department of Building Inspection fee increases. She further
stated the proposed amendments would increase a typical
single-family dwelling permit fee from $840 to approximately
$1,000. She noted commercial fees would remain unchanged.
Mr. Miller called for public comment.
Mr. Jerry Bowen, representing the Chesterfield Chamber of
Commerce, provided the Board with a comparison of commercial
building permit fees in the region. He stated that increased
fees will make the county even less competitive with area
jurisdictions.
Ms. Debi Girvin, President-elect of the Chesterfield Chamber
of Commerce, expressed concerns relative to the impact of
increased commercial inspection fees on promoting business in
Chesterfield County.
Mr. Miller informed Ms. Gervin that commercial building fees
are proposed to remain the same.
Mr. David Root, representing the Richmond Homebuilders
Association, stated he understands the need for building
permit fee increases, but feels they should be distributed
equally among the residential and commercial industries.
There being no one else to speak to the ordinance amendments,
the public hearing was closed.
Mr. King stated he believes business growth is of utmost
importance in the county, and the proposal will meet the
needs of the Building Inspection's office without
discouraging businesses from coming to Chesterfield.
Mr. King then made a motion, seconded by Mr. Barber, for the
Board to adopt the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 5-5 RELATING
TO BUILDING PERMIT FEES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
04-389
04/28/04
(1) That Section 5-5 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 5-5. Permit fees.
(a) Generally. Except as provided in this section,
every applicant for a building permit must pay the fees set
forth in this section before the building official issues a
building permit, as required by the Virginia Uniform
Statewide Building Code. If an applicant makes a change in
the scope of work, a permit amendment is required and
additional fees may be assessed in accordance with this
section.
(b) Fees shall
following schedule:
be charged in accordance with the
(1) General fees:
so
State levy: The Commonwealth of Virginia
imposes a state levy on all permit fees to
fund the state's continuing education and
training program for building inspection. All
applicants shall be charged the state levy at
the same rate charged to the county by the
state.
b. Administrative fees:
1. Change in
setbacks
construction plans and/or
Most closely related fee
(i)
If the amendment results in a change
in the scope of work, additional
permit fees may be assessed in
accordance with this section.
(ii) Change in contractor or lien agent,
extensions, take-overs, transfers,
reinstatements, and permits for CO
purposes 48.00
(iii) Footing and foundation permits:
available for permit holders
accepting risk to commence with
footing/foundation construction
prior to building permit approval
48.00
(iv) Change of use or change of occupancy
(no work being done) 50.00
(v)
Credit card fees. Ail applicants who
pay fees by Discover® credit card
shall pay the credit card company's
charge for use of the card, in
addition to the permit fee.
c. Code investigation fees:
04-390
04/28/04
1. Residential: 25 percent
permit fee, or $48.00,
greater.
of applicable
whichever is
2. Commercial: 25 percent
permit fee, or $100.00,
greater.
of applicable
whichever is
d. Reinspection fees: . . . 48.00
Refund requests. Refunds shall be allowed only
in cases where construction was not started
and shall be as follows:
1. Residential: 25 percent of applicable
permit fee, or $48.00, whichever is
greater.
2. Commercial: 25 percent
permit fee, or $100.00,
greater.
of applicable
whichever is
o
Environmental engineering fees and state
levy are not refundable.
Temporary
renewals:
certificates of occupancy and
Residential building permits
and subsequent extensions
(per unit)
48.00
Commercial building permits
building) and subsequent extensions
100.00
(per
(i)
"Tenant upfit" permits, where work
is incomplete under the "shell"
permit No charge
(2) Residential building permits:
Single-family dwellings including townhouses
and condominiums (per unit). 576.00
b. Modular/manufactured/mobile homes:
Industrialized buildings, modular homes
(without a permanent chassis)
240.00
o
Mobile and manufactured homes on private
property 96.00
Mobile and manufactured homes in a mobile
home park 48.00
Additions and other accessory structures:
336.00
Florida rooms, attached garages, detached
garages with occupiable space
288.00
04-391
04/28/04
do
eo
Detached garages (no second floor
occupiable space), double-door car shed,
and finished pool house 240.00
Alterations, and converting deck/porch/
garage to finished space 144.00
4. Porch and chimney additions
144.00
o
Deck, carport, gazebo, dormers,
greenhouse, handicapped ramp, unheated
pool house, retaining wall, and boat dock
with roof 96.00
6. Sheds:
150-256 square feet including
sheds on skids and pole sheds
prefab
96.00
Less than 150 square feet and costing
less than $500.00 in materials and labor
No permit required
Renovations and repairs:
1. Renovation, alteration or conversion:
(i)
Resulting in a change in use of
square footage. Unfinished space to
finished space (with no new
footings) 96.00
(ii) Resulting in no change in use of
square footage, where a rough-in
inspection is not required
96.00
Exterior renovation and storm damage
repairs 48.00
3. Chimney relining
48.00
Fire damage repair permits: shall be
based upon the most similar permit fee
and shall be a minimum fee of 96.00
Floor joist and foundation repair
48.00
Other residential permits:
Residential foundation pour inspections
335.00
(i)
Additional fee if concrete testing
is required because out-of-
specification concrete is used
100.00
(ii) Additional fee for reinspection when
inspector is present and the
concrete pour has been canceled or
04-392
04/28/04
(3)
delayed in excess of one hour
100.00
(iii) As an alternative to the county's
foundation pour inspection, the
building official may accept
inspection reports from qualified,
independent engineers who are
approved and reliable.
o
Swimming pools (above and in-ground)
48.00
Pool barrier fences
separately from pool)
(if permitted
48.00
4. Relocation (house moving)
192.00
5. Demolition 48.00
6. Elevator and wheelchair lift
48.00
Residential auxiliary permits:
a. Electrical:
1. New single-family dwellings
144.00
o
Industrialized building (modular home)
96.00
3. Additions, renovations, and conversions:
(i) Where rough-in inspection is
required 96.00
(ii) Where rough-in inspection is pre-
existing 48.00
Temporary
change,
repairs
poles, relocation, service
installation, replacements,
48.00
Mobile or manufactured homes on private
property 48.00
Mobile or manufactured homes in a mobile
home park (hook-ups only) No fee
b. Gas:
Natural gas--All new installation:
$96.00
2. Propane gas-all new installations:
(i) Gas piping, propane tank and/or
product line 96.00
(ii) Gas piping to appliances only
48.00
04-393
04/28/04
(iii) Propane tank and/or product line
only 48.00
Repairs or replacement with
appliance 48.00
like
Mechanical:
1. Heating, venting
(HVAC):
and air conditioning
(i) New system installation: 96.00
(ii) System replacement with new ductwork
96.00
(iii) System replacement
ductwork 48.00
without new
2. Woodstove installation
48.00
Fuel tank installation and/or removal or
replacement 48.00
Plumbing:
New residential single-family dwelling,
and condo, townhouse, and duplex (per
unit) 192.00
Industrialized building (modular homes)
96.00
3. Addition, renovation and conversion:
Where rough-in inspection is required
96.00
Where rough-in inspection is pre-existing
48.00
Se
Mobile or manufactured homes on private
property 48.00
Boiler and fire (each single-family dwelling)
48.00
Commercial building permits:
Fixed fee for each $1,000.00 or fraction
thereof of the estimated construction cost
above $2,000, to build, alter, repair, or
replace. 6.20
b. Minimum fees:
New construction, including apartments
(per unit) 250.00
2. Communication tower 200.00
Additions and commercial decks
150.00
04-394
04/28/04
(5)
4. Commercial swimming pools
150.00
Barrier permit, if permitted
separately from the swimming pool
permit 50.00
5. Tenant upfits
100.00
6. Pole buildings and pavilions
100.00
7. Retaining wall
100.00
o
Tents (greater than 900 square feet)
40.00
9. Renovations 100.00
10. Industrialized building,
foundations 100.00
including
11.
Construction/classroom/office
installation or relocation
trailer
50.00
12.
Flagpoles and tents (greater than 900
square feet) 40.00
13. Satellite dish
100.00
14.
Demolition of a commercial structure
100.00
15.
Change of use, when no work is being
performed 50.00
16. Signs:
Estimated cost of $2,000.00 or less
50.00
Fee for each additional $1,000.00 or
fraction thereof of the estimated
construction cost 5.50
Commercial auxiliary permits:
Electrical, mechanical, plumbing, gas, active
solar system, boiler, and well permits, when
the cost of labor and materials for
installation, alteration, replacement and/or
repair is (rounded up to the nearest dollar)~
is $1,000.00 or less 50.00
For each additional $1,000.00 or fraction
thereof, of the estimated cost over
$1,000.00 5.50
bo
Fire/sprinkler and alarm system installations,
alterations, replacement and/or repairs when
the cost of labor and materials is $1,000 or
less 50.00
0A-395
04/28/04
For each additional $1,000.00 or fraction
thereof, of the estimated costs over
$1,000.00 6.20
(6) Other commercial permits:
a o
Annual certificate of compliance for
elevators, escalators (per floor), dumbwaiters
and man lifts, payable on or before December
31st for the following year 40.00
b. Amusement devices:
Administrative amusement permit, where no
inspections are required 10.00
2. Kiddie rides--Type A
10.00
3. Kiddie rides--Type B
15.00
4. Major rides 25.00
5. Spectacular rides
45.00
(7) Fee exemptions:
A building permit fee will not be required
where the cost of construction is less than
$500.00 and would not require securing any
permit for electrical, gas, mechanical or
plumbing work in accordance with Section 107
of the Virginia Uniform Statewide Building
Code.
be
A building permit fee will not be required for
the construction of building~ areas designed
and used as a place of worship.
A building permit fee will not be required for
building permits for construction by county
departments funded by the general fund.
do
A building or auxiliary permit fee will not be
charged for commercial construction located in
an "enterprise zone" as designated by the
Commonwealth of Virginia and administered by
the Chesterfield County Block Grant Office.
This exemption shall continue for the life of
the enterprise zone.
(c)
Disposition of fees. Ail permit fees required by
this section shall be paid by the applicant to the
county treasurer when the permit application is
filed with the building official. The treasurer
shall deposit all permit fees in the county's
general fund.
(2) That this ordinance shall become effective July 1, 2004.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-396
04/28/04
Mrs. Humphrey stated it is not the Board's mindset to pass on
fee increases to one industry and not to others, but the
increase in residential building permit fees is what has to
occur at this time to address needs in the Building
Inspection Office.
18. REMAINING MOBILE HOME PERMITS AND ZONING REQUEST~
03SN0330
In Bermuda Magisterial District, CROSS OVER MINISTRY, INC.
requests Conditional Use and amendment of zoning district map
to permit a medical clinic in a Residential (R-7) District.
The density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for residential use of
2.51 to 4.0 units per acre. This request lies on 1.0 acre
and is known as 2619 Sherbourne Road. Tax ID 790-683-4329
(Sheet 12).
Ms. Rogers presented a summary of Case 03SN0330 and stated
the Planning Commission and staff recommend approval subject
to conditions which would grant the permit for two years and
limit days and hours of operation. She further stated it was
the general consensus that the use serves a need in the area
but the clinic should eventually be relocated to a commercial
area along the Jefferson Davis Corridor.
Dr. Jay Buston, representing the applicant, stated he has
volunteered as a physician for Cross Over Ministry for the
past three years. He further stated the Cross Over clinic
has operated in the basement of the 1927 church building for
five years at the invitation of the church. He stated that,
when he requested a building permit from the county to
upgrade the basement, he was surprised that the county
considered Cross Over Ministry a business. He expressed
concerns relative to renovations and cosmetic work that needs
to be done in the church basement to provide adequate
temperature and privacy for patients. He stated Sherbourne
United Methodist Church is a small congregation that does not
have enough money to make the necessary renovations, and
Cross Over Ministry has obtained the funding and is willing
to invest it in the basement renovations to continue its
ministry. He provided details of several ministries that
currently exist at the church. He stated that last year,
Cross Over provided 16,000 patient visits, indicating that
its $1 million-plus budget goes for patient care. He further
stated the $75,000 basement renovations will cost only
$25,000 to $30,000 because of skilled volunteers. He
requested the Board's approval of the proposal for Cross Over
Ministry to continue its medical assistance for residents in
need.
Mr. John Dietz, member of Saint Matthews Episcopal Mission
Church, stated he supports the clinic's presence in the
community and feels the free medical care being delivered
produces both societal and spiritual benefits to county
residents with very limited financial resources. He further
stated he believes the clinic also provides an economic
benefit to all residents of the county, indicating that one
of the significant drivers of escalating health care costs is
the delivery of charity or uncompensated care provided by our
04-397
04/28/04
hospitals. He stated Cross Over provides free primary and
preventative medical care to members of the community who are
unable to pay for medical services, indicating that without
Cross Over, these people would be essentially limited to
hospital emergency rooms. He requested that the Board allow
the clinic to continue operating from its current location.
Reverend Thomas Sweat, Senior Pastor of Sherbourne United
Methodist Church, stated Cross Over Ministry assists in
sharing the love of God with others in the community. He
further stated the church is following President Bush's
mandate that churches need to be more actively involved in
caring about people in our society.
Mr. Miller called for public comment.
Ms. Sara Eastwood, a resident of Sherbourne Road, stated she
does not support the clinic operating at the church and feels
it would be better located in a commercial area with public
transportation. She expressed concerns relative to increased
automobile and pedestrian traffic on Sherbourne Road and
Jefferson Davis Highway as a result of the clinic's operation
and requested that the Board deny the proposal.
Ms. Kathy Mitchell, co-chair of the Bensley Homeowners
Association, stated she supports the services provided by
Cross Over Ministry, but does not feel a residential
neighborhood is the right location for the clinic. She
further stated she believes an introduction of high-risk
clients to the Bensley community would put the residents at
greater risk. She expressed concerns that approval of the
request would set a precedent for other businesses to move
into the neighborhood. She stated 19 out of 20 homeowners
who live closest to church signed a petition indicating that
they do not want the clinic located at the church, and
requested that the Board deny the request.
Ms. Renee Eldred, a resident within sight of Sherbourne
United Methodist Church, stated Cross Over Ministry is
continually growing and expressed concerns that the growth
will affect residents of the Bensley community.
Mr. Tyler Smith, a resident of Sherbourne Road, stated he
strongly opposes the clinic because of the way Cross Over
Ministry came into the neighborhood five years ago without
ever contacting area residents.
There being no one else to speak to the request, the public
hearing was closed.
Mr. King stated he has reviewed the facts regarding the
proposal and discussed the issues regarding businesses being
located in residential communities. He further stated this
case is unique in that there is a vacant lot on Jefferson
Davis Highway adjoining the church and, if the church were
located 85 feet to the east, a conditional use permit would
not be necessary. He stated he has not found one recorded
incident in the five years of the clinic's operation and the
gentleman that lives next door to the church indicated that
he was not even aware that the clinic existed before the
request was initiated. He further stated he cannot envision
that there was any malicious intent in Cross Over Ministry
starting the clinic without notifying area residents. He
0~-398
04/28/04
stated the conditions were crafted to allow Cross Over
Ministry to continue providing its valuable service to the
community while allowing time to find an alternative
location. He further stated he must do what he believes is
right.
Mr. King then made a motion, seconded by Mr. Barber, for the
Board to approve Case 03SN0330 subject to conditions.
Mr. Barber referenced the comment from Ms. Eastwood that the
clinic would be better suited in a commercial area where
public transportation was available. He stated Chesterfield
County will be providing transportation for low-income and
handicapped people beginning in September 2004. He further
stated that he believes with the conditions proposed for the
clinic and the transportation initiative will make Bensley a
better community.
Mr. Miller called for a vote on the motion of Mr. KinH,
seconded by Mr. Barber, for the Board to approve Case
03SN0330 subject to the followinH conditions:
Any medical clinic shall only be permitted so long as a
church operates on the property. (P)
This Conditional Use shall be granted for a period not
to exceed two (2) years from the date of approval. (P)
Any medical clinic use shall only be open to the public
no more than three (3) days per week, from 9:00 AM to
4:00 PM. There shall be no Saturday or Sunday
operations. (P)
Any controlled substances such as prescriptions, needles
and narcotics shall be placed in a secured cabinet when
the medical clinic is not open to the public. (P)
Signs shall be posted on the property prohibiting
loitering. (P)
Any medical clinic shall be located within the basement
of the church structure. (P)
Persons using the clinic shall enter and exit the
facility on the east side of the buildinH. (P)
Any solid waste storage area shall be located a minimum
of 100 feet from adjacent residentially zoned properties
and shall be screened by a solid wall or fence. (P)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Miller excused himself from the meeting.
04SN0170
In Bermuda MaHisterial District, HENRY D. MOORE AND KENNETH
R. TURNER request rezoning and amendment of zoning district
map from Agricultural (A) and Neighborhood Business (C-2) to
Residential (R-25) and Neighborhood Office (0-1).
Residential use of up to 1.74 units per acre is permitted in
04-399
04/28/04
a Residential (R-25) District. The density of the 0-1
portion will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for single-family residential 'use of 1.01 to 2.5
units per acre. This request lies on 73.3 acres fronting
approximately 425 feet on the south line of West Hundred Road
approximately 970 feet south of Iron Bridge Road. Tax IDs
784-650-Part of 4858, 784-651-5555 and 785-651-1613 (Sheets
26 and 34).
Ms. Rogers presented a summary of Case 04SN0170 and stated
the applicant has not agreed to build at least two lanes of a
proposed Thoroughfare Plan north-south road through the
subject property, but has agreed to provide a $75,000 bond or
surety for construction of the road, which would be spent
when others provide or commit for construction for any
section of the north-south road between Route 10 and Branders
Bridge. She further stated, if the funds are not spent
within seven years of receiving the bond or surety, the
developer would be relieved of the obligation. She stated
staff recommended denial, indicating that transportation
concerns have not been adequately addressed relative to
construction of the north-south arterial. She further stated
the Planning Commission recommended approval and acceptance
of the proffered conditions, indicating that the applicant
has offered measures to address the transportation impact by
providing funds for future construction of the north-south
arterial. She noted the proposed residential zoning and land
uses conform to the Chester Village Plan and, although the
proposed office setting does not comply with the Plan, the
proposal does essentially downzone property that is currently
zoned commercial to a less intent category.
Mr. Dean Hawkins, representing the applicant, stated the
applicant has no need of a thoroughfare road for its
development and has agreed to provide $75~,000 to address the
transportation impact in the event that someone else agrees
to build a portion of the proposed road. He clarified that,
if there is an instance to the south of tlhe subject property
where the old railroad bed or the new road would be crossed
to join properties east and west and south of the subject
property, this would not constitute enacting of the $75,000
payment. He stated the $75,000 is intended for the extension
of the road itself north and south.
Mr. Barber inquired about the issue raised by Mr. Hawkins as
it relates to Proffered Condition 13.
Mr. McCracken stated it is not the intention of the
Transportation Department for the proffered condition to
provide the $75,000 to be triggered if another road crosses
the Thoroughfare Plan north-south road and that the condition
would only be triggered if some construction of the north-
south road occurs between Route 10 and Branders Bridge Road.
Mr. Barber called for public comment.
No one came forward to speak to the request.
Mr. Miller returned to the meeting.
04-400
04/28/04
After brief discussion, on motion of Mr. King, seconded by
Mr. Warren, the Board approved Case 04SN0170 and accepted the
following proffered conditions:
The uses permitted in the Neighborhood Office (0-1)
District shall be limited to the following:
a)
b)
c)
Nursery Schools and Child or Adult Day Care Centers
and Kindergartens
Offices
Churches and/or Sunday Schools (P)
2. The public water system shall be used. (U)
o
With the exception of timbering, which has been approved
by the Virginia State Division of Forestry for the
purpose of removing dead or diseased trees, there shall
be no timbering until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices have been installed. (EE)
In conjunction with the recordation of the initial
subdivision plat or prior to site plan approval,
whichever occurs first, forty-five (45) feet of right-
of-way on the south side of West Hundred Road, measured
from the centerline of that part of West Hundred Road
immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
o
Direct access from the property to West Hundred Road
shall be limited to no more than one (1) public road.
Direct access, if used, from the property to the
proposed North-South major arterial, located along the
eastern property line, (the ~North-South Arterial")
shall be limited to one (1) public road. The exact
locations of these accesses shall be approved by the
Transportation Department. (T)
o
To provide for an adequate roadway system at the time of
complete development, the Owner/Developer shall be
responsible for the following:
a)
Widening/improving the south side of West Hundred
Road to an eleven (11) foot wide travel lane,
measured from the centerline of the road, with an
additional one (1) foot wide paved shoulder plus a
seven (7) foot wide unpaved shoulder, with
modifications approved by the Transportation
Department, for the length of the property.
b)
Construction of additional pavement along West
Hundred Road and the North South Arterial at each
approved access to provide left and right turn
lanes, if warranted, based on Transportation
Department standards.
c)
Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way or
easements required fro the improvements identified
above. In the event, however, the Developer is
unable to acquire any ~off-site" right-of-way that
is necessary for any improvements described in 6.a
and 6.b, the Developer may request in writing, that
the County may acquire such right-of-way as a
04-403.
04/28/04
o
10.
public road improvement. Ail costs associated with
such right-of-way acquisition shall be borne by the
Developer. In the event the County chooses not to
assist the Developer in the acquisition of ~off-
site" right-of-way, the Developer shall be relieved
of the obligation to acquire the ~off-site" right-
of-way and only be required to provide road
improvements within the available right-of-way as
determined by the Transportation Department. (T)
Prior to any construction plan approval, and if
requested by the Transportation Department, a phasing
plan shall be submitted and approved for the required
road improvements described in Proffered Condition 6.
(T)
The exposed surfaces of the foundations of each dwelling
shall be covered with brick or stone veneer. (P)
Ail dwellings shall have a minimum gross floor area of
2,200 square feet. (BI)
The applicant, subdivider, or assignee(s) shall pay the
following to the County of Chesterfield prior to the
issuance of a building permit:
a)
$8,402 per dwelling unit, if paid prior to July 1,
2004; or
b)
The amount approved by the Board of Supervisors not
to exceed $8,402 per dwelling unit adjusted upward
by any increase in the Marshall and Swift Building
Cost Index between July 1 2003, and July 1 of the
fiscal year in which the payment is made if paid
after June 30, 2004. At the time of payment, the
$8,402 will be allocated pro-rata among the
facility costs as follows: $3,547 for roads, $4,185
for schools, $324 for libraries and $346 for fire
stations. Payments in excess of $8,402 shall be pro
rated as set forth above.
c)
In lieu of the Parks and Recreation portion of the
Cash Proffer, the Developer shall:
Dedicate an easement to the county along the
eastern side of the subject parcel for use as
a public trail, the terms of which shall be
acceptable to the Parks and Recreation
Department and shall include, but not be
limited to rights (but no obligation) to
provide maintenance operations, planting of
supplemental landscaping, installation of park
signs and other incidental facilities.
Specifically, the easement shall be thirty
(30) feet in width located adjacent to the
100-foot county-owned right-of-way. Such
easement shall be dedicated pursuant to a
recorded instrument approved by the Parks and
Recreation Department and the County
Attorney's office and shall be recorded within
one (1) year of zoning approval, prior to or
contemporaneously with the recordation of any
subdivision plat, whichever occurs first.
04-402
04/28/04
11.
12.
o
Construct ~ mile of this public trail to Parks
and Recreation standards for a multi purpose,
soft-surface trail within two (2) years of
zoning approval. The exact design of this
trail shall be approved by the Parks and
Recreation Department.
d)
In the event that the cash payment is not used
within 15 years of receipt for the purpose for
which it was hereby proffered in 10.a, the cash
shall be returned in full to the payor. (B&M)
The maximum number of dwelling units permitted for this
request shall be 50. (P)
At a minimum, the following restrictive covenants shall
be recorded for the development:
Architectural Board: The Architectural Board shall have
exclusive jurisdiction over all original construction,
modifications, additions or alterations made on or to
all existing improvements, and to the open space, if
any, appurtenant thereto on all property. It shall
prepare and, on behalf of the Board of Directors, shall
promulgate design and development guidelines and
application and review procedures, all as part of the
design and environmental standards. The standards shall
incorporate all restrictions and guidelines relating to
the development and construction contained in this
Declaration as well as restrictions and guidelines with
respect to the location of structures upon property,
size of structures, driveway and parking requirements,
foundations and lengths of structures, and landscaping
requirements. Copies shall be available to those of the
Association, and the Architectural Board shall have full
and sole authority to prepare and to amend the standards
available to Owners, builders, and developers who seek
to engage in development of or construction upon
property with their operations strictly in accordance
therewith. The Architectural Board shall have three (3)
members, all appointed by the Declarant. At such time as
fifty percent (50%) of the lots have been developed,
improved and conveyed to purchasers in the normal course
of development and sale, the Board of Directors of the
Association shall have the right to appoint two (2)
additional members, to be selected from the occupants of
the development, to the Architectural Board. At no time
shall the Architectural Board have less than three (3)
or more than five (5) members. At such time as one
hundred percent (100%) of the property has been
developed, improved, and conveyed to the purchasers in
the normal course of development and sale, the Board of
Directors of the Association shall appoint all members
of the Architectural Board.
Mailboxes: Every improved lot shall be required to have
a mailbox with supporting post and a street light design
and installation as specified in the standards. Each lot
owner shall be responsible for the maintenance and
operation of the fixture, support and mailbox.
Parking: Each property owner shall provide space for the
paring of automobiles off the public street prior to
04-403
04/28/04
occupancy of any building
standards.
in accordance with the
Signs: No signs shall be erected or maintained on the
property by anyone including, but not limited to, the
owner, a realtor, a contractor, or a subcontractor,
except as may be permitted by legal proceedings.
Residential property identification, i.e., address
number and like signs shall be permitted if not
exceeding a combined area of one (1) square foot and may
be erected without the permission of the Declarant or
the Association.
Condition of Ground and Premises: It shall be the
responsibility of each property owner and/or tenant to
prevent the development of any unclean, unsightly, or
unkempt conditions of building or grounds on such
property which shall tend to substantially decrease the
beauty of the neighborhood as a whole or the specific
area.
Minimum Square Footage: No building plan submitted under
these Covenants shall be approved unless the proposed
house or structure has a minimum square footage of
enclosed dwelling pace as specified in the standards,
Such minimum requirement for each lot: will be specified
in each sales contract and stipulated in each deed. The
term ~enclosed dwelling area" as used in these minimum
size requirements shall not include garages, terraces,
decks, open porches and like areas.
Garages: Ail garages, whether attached or detached to
the main dwelling, shall have its doors oriented to the
rear or the side of the lot and away from the public
street.
Residential Use:
Ail lots shall be used for residential
purposes only. The use of a portion of a
dwelling on a lot as an office by the owner or
tenant thereof shall be considered a
residential use if such use does not create
customer or client traffic to and from the
lot. No structure, except as herein provided,
shall be erected, altered, placed, or
permitted to remain on any lot other than one
(1) single family detached and one (1)
accessory building which may include a
detached, private garage, provided the use of
such accessory building does not overcrowd the
site and further that such building is not
used for any activity normally conducted as
business. Such accessory building shall not be
constructed prior to the construction of the
main dwelling.
A guest suite or like facility without a
kitchen may be included as a part of the main
dwelling or accessory building, but such suite
may not be rented as leased as a part of the
entire premises including the main dwelling
and provided, however, that such suite would
not result in overcrowding of the site.
04-404
04/28/04
The provisions of this paragraph shall not
prohibit the Developer from using a house as a
model as provided in this Declaration.
Exterior Construction Completion: The exterior of all
dwelling and other structures must be completed within
one (1) year after construction of the same has
commenced, except where such completion is impossible or
would result in great hardship to the Owner or Developer
due to fires, strikes, national emergency, or natural
calamities. Dwelling or other structures may not be
permanently or temporarily occupied until the exteriors
thereof have been completed. During the continuance of
construction, the Owner of the lot shall require the
Contractor to maintain the lot in a reasonably clean and
uncluttered condition.
Screened Areas: Each lot shall provide a screened area
to serve as a service yard for garbage receptacles, fuel
tanks or similar storage containers, electric and gas
meters, air conditioning equipment, clotheslines, and
other unsightly objects, which may be placed or stored
in order to conceal them from view from the road and
adjacent properties. Plans for such screening
delineating the size, design, texture, appearance, and
location must be approved by the Architectural Board
prior to construction. Garbage receptacles may be placed
outside the screened area only if placed underground.
Fences: Ail fences shall be placed at least forty (40)
feet from any property line, unless otherwise approved
by the Architectural Board or required by the Building
Code. If constructed, fences shall be composed of white
vinyl, be a maximum of four (4) feet high, and in no
case shall be placed forward of the rear of the
principal dwelling.
Vehicle Storage: No mobile home, trailer, tent, barn, or
other similar out-building or structure shall be placed
on the property at any time, either temporarily or
permanently. Boats, boat trailers, campers, recreational
vehicles, or utility trailers may be maintained on a
lot, but only when in an enclosed or screened area
approved by the Architectural Board such that they will
not be generally visible from adjacent properties.
Temporary Structures: No structure of a temporary nature
shall be placed upon any lot at any time provided,
however, that this prohibition shall not apply to
shelter or temporary structures used by the Contractor
during construction of the main dwelling house, it being
clearly understood that such items shall be removed from
the premises immediately upon completion of
construction.
Antennas: No antennas for television, radio, or similar
device shall be permitted except that if cable
television service is not available.
Further Subdivision: No lot shall be subdivided or its
boundary lines changed, or application to do so be made
and filed with Chesterfield County, without the prior
written permission of the Declarant. However, the
04-405
04/28/04
13.
Declarant reserves the right to itself, its successors
and/or assigns to replat any lot or lots owned by it to
create a modified building lot for the purposes of
creating a suitable building site for a residence, a
recreational or common area, or other areas, provided
that no lot shown on the original plat is reduced in
size smaller than the smallest lot that was shown on the
original plat. If two 2) or more lots are combined into
one (1) lot, the exterior of the boundary of the newly
created lot will serve as the basis for interpretation
of these covenants.
Animals: Only common household pet animals shall be
permitted. All pet animals shall be secured on a leash
or a lead, or be under control of a responsible person
at all times. No livestock, including cattle, horses,
sheep, goats, pigs, or poultry shall be permitted on any
lot. If such prohibited animals are found to be located
on any lot, after written notice of complaint and
reasonable time to remedy the situation is given, the
Board of Directors may take action to have the animal or
any pet which has been determined by the Board of
Directors to be a nuisance or danger removed from the
development.
Motor Bikes or Ail Terrain Vehicles: No motor bikes,
motorcycles, or all terrain vehicles shall be driven
upon the common areas, lots, roads (unless property
licensed on roads) with the exception of licensed
vehicles and mopeds which shall be operated solely upon
the public streets for direct ingress and egress
purposes only.
External Lighting: No external lighting shall be
installed or used on any property, which is of a
character, intensity, or location which will interfere
with the use, enjoyment and privacy of any lot owner or
adjacent property. No neon or flashing lighting shall be
permitted. Ail exterior lighting shall be subject to
approval by the Architectural Board in size, location,
color and intensity.
Swimming Pools: No swimming pool, whether above or below
ground, whether temporary or permanent shall be
installed upon any lot without prior written approval of
the Architectural Board. If installed, all swimming
pools shall be screened as approved by the Architectural
Board and enclosed as per the requirements of the
Building Code.
Rules and Regulations: The Board of Directors is granted
and shall have power to regulate rules and regulations,
from time to time as it sees fit, governing the use of
land activity upon the Common Area. Ail rules and
regulations promulgated by the Board of Directors shall
be published and distributed to each member of the
Association at least sixty (60) days prior to the
effective date. (P)
The developer shall pay to the county $75,000 towards
the construction of the North-South Arterial from Route
10 to Branders Bridge Road. Prior to recordation of any
lots or prior to any site plan approval, whichever
04-406
04/28/04
occurs first, the developer shall provide to the county
a bond or other surety, in a form acceptable to the
County Attorney and in an amount of $75,000, to ensure
such payment. At such time as construction has
commenced or funds have been provided by others, as
determined by the Transportation Department, whichever
occurs first, for any section of the North-South
Arterial between Route 10 and Branders Bridge Road
(~Commitment"), the developer shall provide $75,000
payment to the county. After seven (7) years from the
date that the county receives the bond or other surety,
if there is no Commitment, at the request of the
developer, the county shall return the bond or other
surety to the developer and the developer shall be
relieved of the obligation to provide such payment. (T)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0187
In Midlothian Magisterial District, MICHAEL D. SIFEN, INC.
requests rezoning and amendment of zoning district map from
Agricultural (A) to General Business (C-5). The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for mixed-use corridor and general
commercial use. This request lies on 10.9 acres fronting
approximately 150 feet on the north line of Hull Street Road
approximately 430 feet east of Turner Road, also fronting
approximately 400 feet on the east line of Turner Road
approximately 300 feet north of Hull Street Road. Tax ID
765-698-Part of 8303 (Sheets 7 and 11).
Ms. Rogers presented a summary of Case 04SN0187 and stated
staff recommended denial, indicating that a self-storage use
is not appropriate on the northern portion of the property,
which is designated for mixed-use. She further stated the
Planning Commission recommended approval and acceptance of
the proffered conditions, indicating that the self-storage
use complies with the Route 360 Corridor Plan, which suggests
that office-warehouse uses are appropriate in the mixed-use
area and that self-storage uses are similar to office-
warehouse uses.
Mr. Jim Theobold, representing the applicant, stated there
has been no opposition to the request from area residents and
the Planning Commission found the proposal to be in
conformance with the Plan. He further stated the proposed
use is an appropriate transitional use of very low intensity
and will have very little impact on county infrastructure.
He requested the Board's approval of the Planning
Commission's recommendation.
Mr. Miller called for public comment.
No one came forward to speak to the request.
Mr. Barber stated the proposal represents good investment for
the area.
Mr. Barber then made a motion, seconded by Mr. King, for the
04-407
04/28/04
Board to approve Case 04SN0187 and accept the following
proffered conditions:
The property owners and applicant in this rezoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County,
for themselves and their successors or assigns, proffer that
the development of the property under consideration will be
developed according to the following proffers if, and only
if, the rezoning request submitted herewith is granted with
only those conditions agreed to by the owners and applicant.
In the event this request is denied or approved with
conditions not agreed to by the owners and applicant, the
proffers shall immediately be null and void[ and of no further
force or effect.
Use Restrictions. That portion of the Property shown as
~Self Storage" on the Site Plan referenced in Proffered
Condition 4 may only be used for a self-service storage
facility with an accessory office and dwelling unit for
its manager and such uses as are customarily accessory
and incidental thereto. There shall be no development
on that portion of the Property shown as ~Future Retail"
on the Site Plan except for access drives, utilities,
fencing, turn lanes and/or signage. (P)
2. Transportation.
Prior to any site plan approval, forty-five (45)
feet of right-of-way on Turner Road, measured from
the centerline of that part of Turner Road
immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the
benefit of Chesterfield County.
bo
There shall be no direct access from the property
to Route 360. There shall be no direct access from
the property to Dyer Lane. Direct access from the
property to Turner Road shall be limited to one
entrance/exit. The exact location of this
entrance/exit shall be determined by the
Transportation Department.
C ·
Prior to the issuance of a certificate of
occupancy, the developer shall be responsible for:
1) construction of additional pavement along Turner
Road to provide a right turn lane at the site
access if warranted based on CDOT standards and to
the extent such improvement can be constructed
within the Property; and 2) dedication, free and
unrestricted, to and for the benefit of
Chesterfield County of any additional right-of-way
required for this improvement (T)
Outside Storage. There shall be no outside storage of
vehicles, recreational vehicles, boats, materials or
goods on the Property. (P)
Site Plan. Development of the Property for a self-
service storage facility shall be in general conformance
with the conceptual site plan attached hereto as it
relates to internal focus of loading areas. Provided,
however, the Planning Commission, at the time of Site
Plan review may approve an alternative design which
accomplishes the intent of internal focus of loading
areas. (P)
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04/28/04
o
10.
11.
12.
13.
Lighting. Ail exterior lighting for a self-service
storage facility shall be low sodium vapor. Building
mounted lighting shall be positioned below the roof line
so as to minimize the impact of such lighting on any
adjacent property. (p)
Building Height. Except for any office/manager's
quarters, no self-service storage building shall exceed
the lesser of one (1) story or fifteen (15) feet in
height, exclusive of mechanical equipment, chimneys or
other architectural design features. (p)
Signage. Any free standing signs shall be monument
style and, if lighted, internally lit. (p)
Public Utilities. The public water and waste water
system shall be used. However, the water and sewer
facilities for the self-storage facility shall only be
provided to the office and dwelling unit for the manager
and not to the self-storage units other than for fire
suppression purposes, if required. (U)
Timbering. With the exception of timbering to remove
dead or diseased trees which has been approved by the
Virginia State Department of Forestry, there shall be no
timbering until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices installed. (EE)
Screening of Loading Areas. Screening of loading areas
for any self- storage facility from adjacent properties
to the northwest and southeast shall be achieved through
the positioning of the self-storage buildings in a
compound-like manner such that the walls of the
buildings closest to such adjacent properties shall be
generally parallel to the southeast boundary line of Tax
ID 7656988146 and to the northwest boundary line of Tax
ID 7666984521, as shown on the Site Plan. (P)
Setbacks and Landscaping. Adjacent to properties that
are zoned Agricultural (A) or used for residential
purposes, buildings, parking, and driveways shall be
setback a minimum of seventy-five (75) feet. Such
setback shall be landscaped with plantings meeting the
requirements for Perimeter Landscaping C Option I, as
set forth in section 19-518(g) of the Zoning Ordinance.
Adjacent to Dyer Lane, buildings, parking, and driveways
shall be setback a minimum of seventy-five (75) feet.
Such setback shall be landscaped with plantings meeting
the requirements for Two Times Perimeter Landscaping C
Option I, as set forth in Section 19-518(g) of the
Zoning Ordinance. (p)
Development Standards. The Property shall be developed
in compliance with the Emerging Growth Development
standards. (p)
Elevations. Development of the Property for a self-
service storage facility shall be in general conformance
with the architectural appearance and materials shown on
the elevations entitled "Mini Price Self Storage -
Turner Road and Hull Street", unless otherwise approved
04-409
04/28/04
14.
15.
16.
by the Planning Commission at the time of Site Plan
review consistent with the standards as set forth in the
Route 360 Corridor Plan and Emerging Growth District
standards. (P)
Hours of Operation. The self-service storage facility
shall not be open to the public earlier than 7:00 a.m.
nor later than 9:00 p.m. (P)
Fencing. Except where screening walls and ornamental
access gates provide security measures, the self-service
storage facility shall be secured with vinyl-coated
chain link fencing, and the posts for such fencing shall
be of the same color as the vinyl coating. (P)
Notification of Site Plan. The Owner/Developer shall be
responsible for notifying, in writing, of the submission
of site plans to the last known contact/representative
on file with the County Planning Department of the Route
360 Corridor Committee (the ~Committee") in order that
the Committee may have an opportunity to review such
plans including, but not limited to, the proposed
fencing for the self-storage facility. Such
notification shall occur no later than twenty-one (21)
days prior to approval or disapproval of the plan. The
Owner/Developer shall provide a copy of the notification
letter to the Planning Department. (P)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
19. ADJOURNMENT
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adjourned at 8:59 p.m. until May 26, 2004 at 3:30 p.m.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Lane B. Ramsey ~' y
County Administratc~
~_el.l~ ~.~Miller
/Chairman ~
04-410
04/28/04