02-22-2006 Minutes (2)
BOARD OF SUPERVISORS
MINUTES
February 22, 2006
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Supervisors in Attendance:
Mr. R. M. "Dickie" King, Jr.,
Chairman
Mr. Kelly Miller, Vice Chrm.
Mr. Edward B. Barber
Mrs. Renny Bush Humphrey
Mr. Arthur S. Warren
Mr. Lane B. Ramsey,
County Administrator
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Staff in Attendance:
Colonel Carl R. Baker,
Police Department
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Dr. Billy Cannaday, Jr.,
Supt., School Board
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Jonathan Davis,
Real Estate Assessor
Mr. Wilson Davis, Dir.,
Economic Development
Ms. Rebecca Dickson, Dir.,
Budget and Management
Ms. Lisa Elko, CMC,
Clerk
Ms. Karla Gerner, Dir.,
Human Resource Mgmt.
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Joseph A. Horbal,
Commissioner of Revenue
Mr. Donald Kappel, Dir.,
Public Affairs
Ms. Kathryn Kitchen, Asst.
Supt. of Schools for
Business and Finance
Mr. Louis Lassiter, Dir.,
Internal Audit
Ms. Mary Lou Lyle, Dir.,
Accounting
Chief Paul Mauger,
Fire and EMS Dept.
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
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Mr. Francis Pitaro, Dir.,
General Services
Mr. William Russell,
Interim Dir., Information
Systems Technology
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. Kirk Turner, Dir.,
Planning
Mr. King called the regularly scheduled meeting to order at
3:14 p.m.
1. APPROVAL OF HlmJ'l'ES FOR FEBRUARY 8, 2006
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
approved the minutes of February 8, 2006, as submitted.
Ayes: King, Barber, Humphrey, Miller and Warren.
Nays: None.
Ms. Elko stated staff has requested that Item 8.B.,
Acceptance of a Bid to Purchase Chesterfield County General
Obligation Public Improvement Bonds, Series 2006A for Various
Capital Improvement Projects, be heard at this time.
8 . B. ACCEPTANCE OF A BID TO PURCHASECaS'l'ERFISLD COUNTY
GENERAL OBLIGATION PUBLIC I_a~ BOHDS, SERIES
2006A FOR VARIOUS CAPITAL IMPaoVl!:MENT PROJECTS
Ms. Dickson stated $66 million in Chesterfield County General
Obligation Public Improvement Bonds were sold earlier today,
and the proceeds from the sale will finance various capital
improvement projects approved in the November 2004 bond
referendum. She further stated, as part of the bond sale,
the county's AAA bond rating was reaffirmed by all three bond
rating agencies, indicating that the county is still one of
less than 30 jurisdictions in the nation to be rated AAA by
all three bond rating agencies. She stated a total of 12
bids were received, and the lowest responsible bidder was
CitiGroup Global Markets, Incorporated at a true interest
cost of 4.01 percent. She further stated staff is requesting
that the Board accept the bid of Ci tiGroup to purchase the
bonds so the necessary agreements can be executed.
On motion of Mr. Miller, seconded by Mr. King, the Board
approved the acceptance of a proposal from CitiGroup Global
Markets, Incorporated to purchase $66,000,000 principal
amount of Chesterfield County General Obligation Public
Improvement Bonds, Series 2006A, with a true interest cost of
4.01 percent.
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Ayes: King, Barber, Humphrey, Miller and Warren.
Nays: None.
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In response to Mr. Miller's questions, Ms. Dickson stated if
the county had been rated AA rather than AAA on the bond
sale, the county would pay $400,000 more over the life of the
$66 million bonds.
Mr. Miller stated the county's AAA bond rating is reflective
of good management practices.
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Discussion ensued relative to the criteria
rating agencies when rating localities and
localities in the state with AAA bond ratings.
used by bond
the number of
Mr. Miller noted the county's AAA bond rating helps keep the
county's tax rates down.
Mr. Ramsey noted that debt issued prior to the county
recei ving the AAA bond rating has been refinanced as lower
interest rates became available; therefore, all of the
county's outstanding debt today is subject to the AAA bond
rating. He stated millions of dollars have been saved as a
result of the county's bond rating.
Mr. King exercised his prerogative as Chairman, to move Board
Committee Reports to be heard at this time.
3. BOARD COMMITTEE REPORTS
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Mr. King called forward Mr. Art Heinz, President of the
Chesterfield Chamber of Commerce, who has requested to make a
presentation to the county.
Mr. Heinz stated over the past six years, many improvements
have occurred because of the wonderful working relationship
between the Chesterfield Chamber and the county. He further
stated business people support the business decision made by
Mr. Ramsey to return to the county by private jet when a
crisis situation occurred. He stated managing a billion
dollar government entity is not easy. He further stated,
during the past few days, Chamber of Commerce member Roger
Habeck has worked with many businesses to raise the money to
cover the cost of the trip. He presented Mr. Stegmaier with
a check, in the amount of $18,000, which can be used for
transportation reimbursement or in any way the county deems
necessary.
A standing ovation followed the presentation of the check.
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Mr. Heinz recognized members of the Chamber of Commerce who
participated in the contribution, and approximately 30 people
in the audience stood in support. He stated many challenges
will continue in the county, but the Chamber is committed to
making sure the county remains open for business and a First
Choice community. He further stated the Chamber is confident
that the administration and the Board of Supervisors are
doing a great job of running the county. He thanked Chairman
King and the other Board members who stood behind Mr. Ramsey.
Mr. King stated both he and Mr. Ramsey are overwhelmed by the
Chamber's presentation. He further stated because of concerns
expressed recently about the county's processes for making
purchases when dealing with unusual and unexpected events, he
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is requesting that Mr. Ramsey put together a team consisting
of the County Attorney, Deputy County Administrator for
Management Services, Budget Director, Director of Internal
Audit and any other staff that he feels is necessary to
review the county's process and procedures for purchases such
as this. He further requested that the team evaluate the
policies, adequate balance, the need for responsiveness to
unpredictable situations or events, and the need for proper
controls. He stated the county needs to satisfy its citizens
that every dollar of public funds is spent for legitimate
purposes. He requested that the team identify any
improvements to the county's policies in this area that might
be needed and report their findings to the Board within 30
days.
Mr. King then commended the Chesterfield Technical Center's
Horticultural Class for winning a blue ribbon at The MaYffiont
Garden Show. He stated the Tech Center's culinary students
will be participating in the Culinary Bake Off state
competition on April 29th, and thanked Mark and Carol Kimmel
for providing excellent culinary instruction to county
students.
Mr. King thanked the Chamber of Commerce for doing what is
right for business. He stated he accompanied the pilots to
pick up Mr. Ramsey and return him to Chesterfield at no
additional expense to the county. He further stated he is
one of the people who suggested that Mr. Ramsey return to the
county on the day of the event. He stated he makes business
decisions daily on the spur of a moment. He further stated,
given the circumstances and the events that took place, he
stands behind Mr. Ramsey's doing what he believes was the
right thing for the right reason. He stated he had no
knowledge of the exact cost of the flight. He further
stated, from the very beginning, he told The Observer that he
made the trip to accompany Mr. Ramsey back to the county. He
stated he will not apologize for asking the right questions
and taking the trip because it was of no benefi t to him
personally. He further stated only county business was
discussed during the flight, and he believes Mr. Ramsey made
the right decision at the right time for the right reason
given the circumstances, and he will stand by that decision
to do what he and Mr. Ramsey felt was right. He commended
Mr. Ramsey for his ability to run a fine county.
Mr. Miller stated he was not privy to the flight decisions,
and it is problematic whether the right decision was made,
but he has known Mr. Ramsey and been around county government
for a long time. He further stated Mr. Ramsey is one of the
most honorable people he has ever been involved with,
indicating that the county would not have received its
numerous awards and its AM bond rating without Mr. Ramsey's
excellent management practices. He thanked the business
community for coming forward and stated he cannot understand
the malicious criticisms that he has heard. He expressed
appreciation to Mr. Ramsey for his leadership and stated he
feel a disservice has been done to him. He stated he cannot
justify whether the cost of the flight was reasonable, but he
knows Mr. Ramsey did it for the right reasons for the benefit
of the county.
Mrs. Humphrey expressed concerns relative to the unspeakable
e-mails that she has received in the past couple of days.
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She thanked the business community for stepping forward, not
only in this matter, but others as well. She stated the
businessmen and women have distinguished themselves as people
of great character. She further stated one of the jewels of
the county has been its fiscal management for many years,
with Mr. Ramsey serving at the helm as County Administrator.
She stated the county's fiscal stability has been paramount
to the county's past, present and future. She thanked the
business community for discussing the matter with the
Chairman and Vice Chairman and finding out exactly what the
county went through during the time of crisis. She stated,
although she cannot justify the cost of the flight, she
supports Mr. Ramsey's decision to interrupt his vacation and
leave his family to return to the county and serve the
residents.
Mmembers of the audience, staff and Board members gave Mr.
Ramsey a standing ovation in support of his decision.
2. COUNTY ADMINISTRATOR'S COMMENTS
Mr. Ramsey stated he is overwhelmed by the
Commerce's presentation. He apologized for any
any action on his part has brought to the Board.
Chamber of
trouble that
o LEGISLATIVE UPDATE
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Ms. Curtin provided an update on General Assembly activities.
She stated the majority of the county's legislative requests
have either passed or will be close to being passed by the
end of this week. She further stated both the House and
Senate released their respective budgets last weekend, and
staff is still analyzing the budgets to determine their
impacts on the county. She stated the transportation
proposals from both the House and Senate are embedded in the
budgets, and she hopes to have additional information to
share with the Board regarding the impact of the
transportation proposals on the county very soon.
Discussion ensued
requests regarding
benefit provisions,
retirement.
relative to the status of legislative
group homes, hunting regulations, VRS
eminent domain, and public safety
Ms. Humphrey requested that Ms. Curtin provide her with
details relative to proposed budgetary funding to address the
impact of the BRAC realignment on communities in the state.
Mr. Miller excused himself from the meeting.
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4. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE
ORDER OF PRESENTATION
On motion of Mr. Warren, seconded by Mr. Barber, the Board
added Item 9., Request of Mr. James Daniels to Address the
Board Under Hearings of Citizens on Unscheduled Matters to
Discuss an Application for Historic Designation for Bermuda
Hundred; and adopted the Agenda, as amended.
Ayes: King, Barber, Humphrey and Miller.
Nays: None.
Absent: Miller.
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Mr. Miller returned to the meeting.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
o RECOGNIZING MR. WILLIAM RUSSELL, INFORHATION SYSTEMS
TECHNOLOGY DEPARTMEN'l', UPON HIS RETlREMEN'l'
Mr. Stegmaier introduced Mr. William Russell, who was present
to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. William Russell will retire from the
Chesterfield County Information Systems Technology Department
on March 1, 2006 after providing 29 years of quality service
to the citizens of Chesterfield County; and
WHEREAS, Mr. Russell has faithfully served the county in
the capacity of operations manager, assistant director and
served as acting director for the Information Systems
Technology Department; and
WHEREAS, Mr. Russell was appointed to serve on the
Technology Advisory Committee for Henrico County to support
the Y2K conversion and other technology initiatives; and
WHEREAS, Mr. Russell graduated from
County's School of Quality in August 2001; and
Chesterfield
WHEREAS, Mr. Russell was a permanent member
Technology Steering Committee and the department
Council where he served as champion for the Promote A
Culture goal team; and
of the
Quality
Quality
WHEREAS, Mr. Russell served as a mentor for the
Communities in Schools Program to encourage children to grow
and mature to have a positive perspective on life; and
WHEREAS, Mr. Russell's dedication and support of
employees serving in the armed forces to maintain a national
defense is of the highest level; and
WHEREAS, Mr. Russell was a founding member of
Chesterfield University and was appointed dean of the School
of Applied Business and Technology for four years; and
WHEREAS, Mr. Russell has served on various state
committees to support the use of technology towards business
initiatives; and
WHEREAS, Mr.. Russell is being recognized for providing
outstanding leadership in planning, organizing and directing
a workforce of unusual importance and complexity, and for his
long and distinguished career service; and
WHEREAS, Mr. Russell's knowledge, guidance, ethical _-,'
behavior and untiring support and encouragement have helped
to make the Information Systems Technology Department a
recognized and respected resource; and
WHEREAS, Mr. Russell has earned the admiration and
respect of his staff and colleagues at Chesterfield County
for his dedication, enthusiasm, professionalism, sense of
humor and hard work, and his invaluable technical expertise;
and
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WHEREAS, Mr. Russell has made many lasting contributions
to his field of technology and management and to the IST
staff who will be forever grateful for his leadership,
guidance and most importantly, his friendship; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Mr. Russell's diligent service.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of February 2006,
publicly recognizes Mr. William Russell, and extends on
behalf of its members and the citizens of Chesterfield
County, appreciation for his service to the county,
congratulations upon his retirement, and best wishes for a
long and happy retirement.
AND, BE IT FURTHER RESOLVED that a
resolution be presented to Mr. Russell,
resolution be permanently recorded among the
Board of Supervisors of Chesterfield County.
copy of this
and that this
papers of this
Ayes: King, Barber, Humphrey, Miller and Warren.
Nays: None.
Mr. King presented the executed resolution and a Jefferson
Cup to Mr. Russell, expressed appreciation for his service to
the county, and congratulated him on his retirement.
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Mr. Russell expressed appreciation to the Board for the
recognition and also to Mr. Ramsey, Mr. Hammer, Mr. Stegmaier
and former Deputy County Administrator Elmer Hodge for their
support. He stated it has been a privilege to serve as a
member of the technology team in a county that is second to
none.
6. WORK SESSIONS
6. A. RETIREE HEALTH BENEFIT CHANGES
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Mr. Scott Zaremba, Assistant Director of Human Resources,
provided details of proposed changes in retiree healthcare
benefits. He stated the changes will not impact the benefits
of active employees or current retirees. He further stated
the changes are being proposed because of dramatically
increasing healthcare costs and new accounting regulations
that require localities to report on liability for future
retiree benefits. He provided details of the current retiree
healthcare benefits and compared them with retiree benefits
in neighboring localities. He reviewed the anticipated
increase in retiree healthcare costs for the next 10 years.
He provided details relating to Government and Accounting
Standards Board (GASB) projected liability for future retiree
healthcare and annual required contributions. He reviewed
annual required contribution versus current expense. He then
provided the proposed timeline and methodology for
implementation of the retiree plan changes. He reviewed
issues surrounding the proposed changes.
Mr. Ramsey stated the county's AM bond rating has just been
revalidated. He further stated the rating agencies asked
what the county was doing to address retiree health care,
indicating that next year they will more thoroughly evaluate
the county's plan to address the issue.
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Mr. Zaremba continued to review issues surrounding the
changes and also reviewed objectives of the proposed changes.
He provided details of proposed retiree benefits for
employees who are grandfathered and those who are not
grandfathered under the proposed changes. He stated employees
hired on or after July 1, 2006 who retire at age 55 with 15
or more years of service can purchase retiree health benefits
at the county' sgroup rate, but will not receive a county
contribution. He discussed the value of the benefit of
purchasing retiree health benefits at the county's group
rate.
In response to Mr.
nothing is proposed
active employees.
Miller's questions, Mr. Zaremba stated
to change for the health benefits of
Mr. Miller stated he would like to see some sort of escrow
account set up for new employees to voluntarily make
contributions towards their retiree healthcare premiums. He
further stated the county has a moral obligation to honor
commitments to current retirees, indicating that those who
are already retired can rest assured that their heal thcare
benefits will not be impacted. He expressed concerns
relative to recruiting of teachers, firefighters, police
personnel and ot.hers, and stated t.he county needs to be
looking at areas to help with attracting and keeping
employees.
Mr. Ramsey stated staff is meeting with employees to discuss
the changes in more detail and will evaluate the process if
changes come about as a result of those meetings. He further
stated Dr. Cannady is also meeting with school employees on
the issue.
Mr. King thanked
presentation.
Mr.
Zaremba
for
the
informative
6.B. THE COUNTY ADMINISTRATOR'S FY2007 PROPOSED BUDGET
INCLUDING PRESENTATIONS FROM THE POLICE AND FIRE
DEPARTMENTS
o POLICE DEPARTMENT PRESENTATION
Colonel Baker provided an overview of the Police
proposed FY2007 and FY2008 biennial budget.
challenges and trends that are impacting
Department.
Department's
He reviewed
the Police
Discussion ensued relative to
attributed to illegal immigrants.
the
criminal
activity
Mr. Miller expressed concerns that the federal government's
inability or unwillingness to take action when illegal aliens
are arrested is impacting criminal activity in the county.
Colonel Baker stated additional Hispanic officers are needed
to deal with the county's growing Hispanic population. He
reviewed accomplishments of the department during 2005 and
provided statistics since 1999 for various key measures. He
stated the FY2007 proposed budget represents a 9.8 percent
increase over the FY2006 adopted budget, and the proposed
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FY2008 budget represents a 5.6 percent increase. He stated
the numbers of calls and assignments for 2005 decreased, as
has the Incident Based Reporting (IBR) Group A Incident Rate
per 100,000 population and the total number of IBR Group A
Incidents. He expressed concerns relative to increased armed
robberies and street robberies. He reviewed data from 2000
through 2005 relative to IBR Group A Clearance Rate and
provided details of Chesterfield's clearance rates versus
national clearance rates. He then reviewed data relative to
average response times and expressed concerns relative to
unacceptable increased average response times for Priority 1
and Priority 2 calls. He reviewed cost per capita for law
enforcement services and number of volunteer hours. He stated
additional funding in the amount of $2,456,400 is being
requested for FY2007 for 23 sworn officers. He further stated
Chesterfield had a ratio of 1.61 police officers per 1,000
citizens in 2005. He stated increased officer strength is
needed for beat restructure i minimum staffing issues; and
better response times. He provided details of projected
annual population growth by Chesterfield communities and
projected residential growth from 2005 through 2011. He
reviewed additional funding requests and new positions
proposed for FY2007 and FY2008.
There was brief discussion relative to making the county's
federal legislative delegation aware of the department's
budgetary needs.
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Colonel Baker next presented an overview of the Animal
Control Division's FY2007 and FY2008 biennial budget. He
stated Animal Control's FY2007 proposed budget represents a
13 percent increase over the FY2006 adopted budget, and the
proposed FY2008 budget represents a 2 percent increase. He
reviewed data relative to calls for service and animals
impounded versus adopted. He reviewed FY2007 and FY2008
additional funding requests, indicating that the new
positions will address understaffing issues at the Animal
Shelter.
Mr. King commended Colonel Baker for the extraordinary
performance provided by the county's public safety personnel
on a limited budget. He stated, although the county is 300
officers short compared with the national average, our
clearance rate is one of the top in the nation.
In response to Mr. King's question, Colonel Baker stated it
is not uncommon to find 15 to 20 or more Hispanic males
living in a two-bedroom apartment, indicating that he feels
the county's Hispanic community is underreported.
Mr. King commended Colonel Baker on the department's use of
volunteers.
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o FIRE AND EMERGENCY MEDICAL SERVICES PRESENTATION
Chief Mauger came forward to present an overview of Fire and
Emergency Medical Services' FY2007 and FY2008 biennial
budget. He first highlighted Fire and EMS successes during
FY2005. He then provided details of cost per capita and
countywide fire/EMS incidents.
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In response to Mr. King's question, Chief Mauger stated
approximately 75 percent of the countywide fire/EMS incidents
were EMS related. He reviewed response times; property loss;
structure fires per 1,000 population; and fire deaths per
100,000 population. He then reviewed critical issues,
including instructor pay; staff vehicles age and mileage;
apparatus age; insufficient personal protective equipment;
and additional staff support. He stated Manchester Volunteer
Rescue Squad is requesting $40,500 for a quick response
vehicle. He provided an overview of the department's focus
for FY2007. He thanked the Board for its continued support.
Mr. King commended Chief Mauger on the efficiency of the
department and coming closer to reaching the national
benchmark on response times. He complimented the department
on working wi th and understanding the needs of the
volunteers.
Mr. Miller expresl3ed concerns that individuals are trained by
the county and then leave to go elsewhere. He inquired
whether the department has considered a deferred compensation
program, whereby funds could be placed in escrow, and later
presented to employees as an incentive for completing a
certain number of years service.
Chief Mauger stated he is open to any ideas for attracting
and retaining employees.
Discussion ensued relative to the funding necessary to
replace personal protective equipment, fire apparatuses and
staff vehicles.
7. DEFERRED ITEMS
There were no deferred items at this time.
8. NEW BUSINESS
8.A. AUTHORIZATION TO ADVERTISE TAX RATES FOR FY2007-FY2008
BIENNIAL FINANCIAL PLAN AND SET PUBLIC HEARINGS
Ms. Dickson stated the Board is being requested to advertise
tax rates for the calendar year 2006, the proposed FY2007-
FY2008 Biennial Financial Plan, proposed FY2007-FY2012
Capital Improvement Program, Proposed FY2007 Community
Development Block Grant Program and other ordinance changes.
Ms. Dickson further explained that the real estate tax to be
advertised is $1.06. She stated advertising a $1.06 real
estate tax rate will give the Board flexibility to adopt
something less if they choose to in April.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
authorized the advertisement of tax rates, the proposed ~~
FY2007-FY2008 BiEmnial Financial Plan, the proposed FY2007-
FY2012 Capital Improvement Program, the proposed FY2007
Communi ty Development Block Grant Program, and other
ordinance changes.
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And, further, the Board set the date of March 22, 2006
beginning at 7:00 p.m. for public hearings to consider these
items.
Ayes: King, Barber, Humphrey, Miller and Warren.
Nays: None.
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Mr. King recognized Dr. Cannaday and acknowledged the
importance of the tax rate for Chesterfield schools.
8.C. APPOINTMENT
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment of a member to serve on the Parks and
Recreation Advisory Commission.
Ayes: King, Barber, Humphrey, Miller and Warren.
Nays: None.
o PARKS AND RECREATION ADVISORY COMMISSION
On motion of Mr. King, seconded by Mr. Miller, the Board
simultaneously nominated/appointed Mr. Jim Beck, representing
the Bermuda District, to serve on the Parks and Recreation
Advisory Commission, whose term is effective immediately and
expires December 31, 2007.
Ayes: King, Barber, Humphrey, Miller and Warren.
Nays: None.
8 . D. CONSENT ITEMS
8.D.l. ADOPTION OF RESOLUTION RECOGNIZING MARCH 2006, AS
"PURCHASING MONTH" IN CHESTERFIELD COUNTY
On motion of Mr. Miller, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, the purchasing and materials management
profession has a significant role in the quality, efficiency
and profi tabili ty of business and government throughout the
United States; and
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WHEREAS, the purchasing
profession works for private
nonprofit organizations; and
and materials
and public, and
management
profit and
WHEREAS, in addition to the purchase of goods and
services, the purchasing and materials management profession
engages in or has direct responsibility for functions such as
executing, implementing and administering contracts;
developing forecast and procurement strategies; supervising
and/or monitoring the flow and storage of materials; and
developing working relations with suppliers and with other
departments within the organization; and
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WHEREAS, the purchasing and materials management
profession has tremendous influence on the economic
conditions in the United States, with an accumulative
purchasing power running into the billions of dollars; and
WHEREAS, purchasing or procurement operations range from
departments of one person to several thousand; and
WHEREAS, governmental purchasing and other associations
around the world are sponsoring activities and special events
to further educate and inform the general public on the role
of purchasing within business, industry and government.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby recognizes the month of
March 2006, as "Purchasing Month" in Chesterfield County and
encourages all citizens to join in commemorating this
observance.
Ayes: King, Barber, Humphrey, Miller and Warren.
Nays: None.
8.D.2. APPROPRIATION OF JUVENILE ACCOUNTABILITY BLOCK GRANT
FUNDS FROM THE DEPARTMENT OF CRIMINAL JUSTICE
SERVICES
On motion of Mr. Miller, seconded by Mr. Barber, the Board
authorized Human Services Administration to receive $15,307
in Juvenile Accountability Block Grant (JABG) funds and
$22,960 in state general funds from the Department of
Criminal Justice Services and authorized an increase in
appropriations by $38,267. (It is noted the required $4,251
local match will be absorbed in the department's current
operating budget.)
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Ayes: King, Barber, Humphrey, Miller and Warren.
Nays: None.
8.D.3. STATE ROAD ACCEPTANCE
On motion of Mr. Miller, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
"'_.)
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
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AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
this Board guarantees
as described, and any
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 Chanae to the Secondary SYStem of State Hlahwavs:
Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference:
S33.1.229
Project:
Montclair at Southbend, Section 2 and a portion of Section 1
.
Elkington Drive, State Route Number: 5918
From:
Greyshire Dr., (At. 5571)
To:
Elkington Ct., (At. 5919), a distance of: 0.11 miles.
Aight-of-way record was filed on 4/30/2005 with the Office Of Clerk To Circuit Court in Pb. 143, Pg. 41,
with a width of 50 feet
. Elkington Court, State Route Number: 5919
From: Elkington Dr., (At. 5918)
To: Cul-de-sac, a distance 01: 0.05 miles.
Right-ai-way record was filed on 4/30/2005 with the Office Of Clerk To Circuit Court in Pb. 143, Pg. 41,
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with a width of 50 feet
. Elkington Drive, State Route Number: 5918
From: Elkington Ct., (At. 5919)
To: Cul-de-sac, a distance of: 0.05 miles.
Aight-of-way record was filed on 4/30/2005 with the Office Of Clerk To Circuit Court in Pb. 143, Pg. 41,
with a width of 50 feet
. Greyshlre Drive, State Route Number: 5571
From: Mountshire Ln., (At. 5706)
To: Elkington Dr., (At. 5918), a distance of: 0.11 miles.
Aight-of-way record was filed on 4/30/2005 with the Office Of Clerk To Circuit Court in Pb. 143, Pg. 41,
with a width 01 50 feet
. Greyshire Drive, State Route Number: 5571
From: Elkington Dr., (At. 5918)
-
To:
Cul-de-sac, a distance of: 0.09 miles.
Aight-of-way record was filed on 4/30/2005 with the Office Of Clerk To Circuit Court in Pb. 143, Pg. 41,
with a width of 50 feet
And, further, the Board adopted the following resolution:
WHEREAS, the street described below is shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
06-110
02/22/06
WHEREAS, the Resident Engineer for
Department of Transportation has advised
street meets the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
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.
Type Chanae to the Secondary System of State Hiahwavs:
Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference:
S33.1-229
Project:
Perdue Springs Drive
.
Perdue Springs Drive, State Route Number: 5907
From:
Jefferson Davis Hwy., (Rt. 1/30'1)
To:
0.11 mi. W off Jefferson Davis Hwy., (Rt. 1/301), a distance of: 0.11 miles.
Right-of-way record was filed on 2/13/1997 with the Office Of Clerk To Circuit Court in Db. 3000, Pg. 629,
with a width of 80 feet
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to 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.
06-111
02/22/06
TVDe Chanae to the Secondarv SYStem of State Hlahwavs:
Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference:
i33.1-229
Project:
Beulah Oaks, Section 1
.
Stately Oak Road, State Route Number: 5926
-
From:
Hopkins Rd., (Rt. 637)
To:
Beulah Oaks Ln., (Rt. 5927), a distance of: 0.26 miles.
Right-of-way record was filed on 12/16/2003 with the Office Of Clerk To Circuit Court in Pb. 139, Pg. 91,
with a width of 44 feet
. Beulah Oaks Lane, State Route Number: 5927
From: Stately Oak Rd., (Rt. 5926)
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 12/16/2003 with the Office Of Clerk To Circuit Court in Pb. 139, Pg. 91,
with a width of 53 feet
. Beulah Oaks Lane, State Route Number: 5927
From: Stately Oak Dr., (Rt. 5926)
To: Cul-de-sac, a distance of: 0.04 miles.
,,-
Right-of-way record was filed on 12/16/2003 with the Office Of Clerk To Circuit Court in Pb. 139, Pg. 91,
with a width of 53 feet
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
-
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
this Board guarantees
as described, and any
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.
06-112
02/22/06
Type Chanae to the Secondary SYStem of State Hlahwavs:
Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference:
533.1.229
Project:
Newbys Mill
.
Newbys Mill Drive, State Route Number: 5942
From:
Newbys Bridge Ad., (At. 649)
To:
Newbys Mill Tr., (At. 5943), a distance of: 0.04 miles.
Right-of-way record was filed on 8/9/2004 with the Office Of Clerk To Circuit Court in Pb. 146, Pg. 61,
with a width of 50 feet
. Newbys Mill Terrace, State Route Number: 5943
From: Newbys Mill Dr., (Rt. 5942)
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 8/9/2004 with the Office Of Clerk To Circuit Court in Pb. 146, Pg. 61,
with a width of 40 feet
. Newbys Mill Court, State Route Number: 5944
From: Newbys Mill Dr., (Rt. 5942)
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 8/9/:2004 with the Office Of Clerk To Circuit Court in Pb. 146, Pg. 61 ,
with a width of 40 feet
. Newbys Mill Drive, State Route Number: 5942
From: Newbys Mill Tr., (Rt. 5943)
To: Shepherds Mill Dr., (Rt. 5895), a distance of: 0.16 miles.
Right-of-way record was filed on 8/9/2004 with the Office Of Clerk To Circuit Court in Pb. 146, Pg. 61,
with a width of 40 feet
. Shepherds Mill Drive, State Route Number: 5895
From: Newbys Mill Dr.. (Rt. 5942)
To: Cul-de-sac, a distance of: 0.05 miles.
Right-of-way record was filed on 8/9/2004 with the Office Of Clerk To Circuit Court in Pb. 146, Pg. 61,
with a width of 40 feet
. Shepherds Mill Drive, State Route Number: 5895
From: Newbys Mill Dr., (Rt. 5942)
To: 0.04 mi. N of Newbys Mill DL, (At 5942), a distance of: 0.04 miles,
Right-of-way record was filed on 8/9/2004 with the Office Of Clerk To Circuit Court in Pb. 146, Pg. 61,
with a width of 40 feet
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident
Department of Transportation
streets meet the requirements
Engineer for the Virginia
has advised this Board the
established by the Subdivision
06-113
02/22/06
Street Requirements
Transportation.
of
the
Virginia
Department
of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
,-
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
this Board guarantees
as described, and any
drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Chanae to the Secondarv Svstem of State Hlahwavs:
Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference:
533.1-229
Project:
Rutherford Village at Charter Colony, Section 1
.
Roiling Spring Drive, State Route Number: 5946
From:
Charter Colony Pkwy., (Rt. 950)
To:
Pamplin Dr., (Rt 5947), a distance ot: 0.05 miles.
Right-ot-way record was filed on 10/24/2003 with the Office Of Clerk To Circuit Court in Pb. 138 Pg. 41,
-
with a width ot 60 ft
. Roiling Spring Drive, State Route Number: 5946
From: Pamplin Dr., (Rt. 5947)
To: Clemons Dr., (At. 5950), a distance ot: 0.08 miles.
Right-ot-way record was tiled on 10/24/2003 with the Office Of Clerk To Circuit Court in Pb. 138 Pg. 41,
with a width ot 44 feet
. Roiling Spring Drive, State Route Number: 5946
From: Clemons Dr., (At. 5950)
To: Temporary EOM, a distance ot: 0.01 miles.
Right-ot-way record was filed on 10/24/2003 with the Office Of Clerk To Circuit Court in Pb. 138 Pg. 41,
with a width ot 44 feet
. Clemons Drive, State Route Number: 5950
From: Rolling Spring Dr., (At. 5946)
-
To:
Temporary EOM, a distance of: 0.Q1 miles.
Right-ot-way record was tiled on 10/24/2003 with the Office Of Clerk To Circuit Court in Pb. 138 Pg. 41,
with a width ot 44 feet
. Pamplin Drive, State Route Number: 5947
From: Rolling Spring Dr., (Rt. 5946)
To: Denby Wy., (Rt. 5948). a distance of: 0.04 miles.
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02/22/06
Right-of-way record was filed on 10/24/2003 with the Office Of Clerk To Circuit Court in Pb. 138 Pg. 41,
with a width of 44 feet
. Denby Way, State Route Number: 5948
From: Pamplin Dr., (Rt. 5947)
To: Cul-de-sac, a distance of: 0.02 miles.
Right-of-way record was filed on 10/24/2003 with the Office Of Clerk To Circuit Court in Pb. 138 Pg. 41,
with a width of 44 feet
. Denby Way, State Route Number: 5948
From: Pamplin Dr., (Rt. 5947)
To: Denby Tr., (At. 5949), a distance of: 0.14 miles.
Right-of-way record was filed on 10/24/2003 with the Office Of Clerk To Circuit Court in Pb. 138 Pg. 41
with a width of 44 feet
. Denby Terrace, State Route Number: 5949
From: Denby Wy., (Rt. 5948)
To: Cul-de-sac, a distance of: 0.08 miles.
Right-of-way record was filed on 10/24/2003 with the Office Of Clerk To Circuit Court in Pb. 138 Pg. 41,
with a width of 44 feet
. Denby Terrace, State Route Number: 5949
From: Denby Wy., (Rt. 5948)
To: Cul-de-sac, a distance of: 0.03 miles.
Right-of-way record was filed on 10/24/2003 with the Office Of Clerk To Circuit Court in Pb. 138 Pg. 41,
with a width of 44 feet
Ayes: King, Barber, Humphrey, Miller and Warren.
Nays: None.
8.D.4. ACCEPTANCE OF PARCELS OF LAND
8.D.4.a. FOR TASCON HARVEST GLEN FROM TASCON - HARVEST GLEN,
L.L.C.
On motion of Mr. Miller, seconded by Mr. Barber, the Board
accepted the conveyance of seven parcels of land containing a
total of 4.545 acres from Tascon Harvest, L.L.C., and
authorized the County Administrator to execute the deed. (It
is noted copies of the plats are filed with the papers of
thi s Board.)
Ayes: King, Barber, Humphrey, Miller and Warren.
Nays: None.
.-
8.D.4.b. FOR HARROW GATE PARK
8.D.4.b.l. FROM TED LEE SWEARINGEN AND FRED J. SWEARINGEN,
JR.
On motion of Mr. Miller, seconded by Mr. Barber, the Board
accepted the conveyance of two parcels of land containing a
total of 0.589 acres for Harrowgate Park from Ted Lee
06-115
02/22/06
Swearingen and Fred J. Swearingen, Jr., and authorized the
County Administrator to execute the deed. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: King, Barber, Humphrey, Miller and Warren.
Nays: None.
,-
8.D.4.b.2. FROM BRANDER'S BRIDGE, LLC, A VIRGINIA LIMITED
L:tABILITY COMPANY
On motion of Mr. Miller, seconded by Mr. Barber, the Board
accepted the conveyance of a parcel of land containing 5.832
acres for Harrowgate Park from Brander's Bridge, LLC, a
Virginia limited liability company, and authorized the County
Administrator to execute the deed. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: King, Barber, Humphrey, Miller and Warren.
Nays: None.
8.D.5. REQUESTS FOR PERMISS:tON
8. D. 5 . a. FROM EUGENE A. AND PAMALA A. CERISANO FOR AN
EXISTING FENCE TO ENCROACH WITH:tN A SIXTEEN-FOOT
SEWER EASEMENT AND A VARIABLE W:tDTH SEWER AND
DRAINAGE EASEMEN'l' ACROSS LOT 30, QUALLA FARMS,
SECTION F
-
On motion of Mr. Miller, seconded by Mr. Barber, the Board
approved a request from Eugene A. Cerisano and Pamala A.
Cerisano for permission for an existing fence to encroach
within a 16-foot sewer easement and a variable width sewer
and drainage easement across Lot 30, Qualla Farms, Section F,
subject to the execution of a license agreement. (It is noted
a copy of the plat is filed with the papers of this Board.)
Ayes: King, Barber, Humphrey, Miller and Warren.
Nays: None.
8. D. 5 . b. FROM JOHN D. AND JANE K. BROWN FOR A PROPOSED FENCE
TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS
LOT 3, RUTHERFORD VILLAGE AT CHARTER COLONY
On motion of Mr. Miller, seconded by Mr. Barber, the Board
approved a request from John D. Brown and Jane K. Brown for
permission for a proposed fence to encroach within an 8-foot
easement across Lot 3, Rutherford Village at Charter Colony,
subject to the execution of a license agreement. (It is noted
a copy of the plat is filed with the papers of this Board.)
p~
Ayes: King, Barber, Humphrey, Miller and Warren.
Nays: None.
8.D.6. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.D.6.a. FROM THE BERMUDA, CLOVER HILL, DALE, MATOACA AND
MIDLOTHIAN DISTRICT IMPROVEMENT FONDS TO THE SCHOOL
BOARD FOR POST PROM CELEBRATIONS
On motion of Mr. Miller,
transferred $1,800 from
seconded by Mr. Barber,
the Bermuda District
the Board
Improvement
06-116
02/22/06
Fund, $2,300 from the Clover Hill District Improvement Fund,
$800 from the Dale District Improvement Fund, $2,300 from the
Matoaca District Improvement Fund, and $2,300 from the
Midlothian District Improvement Fund (total of $9,500) to the
Chesterfield County School Board for drug- and alcohol-free
post-prom celebrations subject to the conditions described in
the papers of this Board.
Ayes: King, Barber, Humphrey, Miller and Warren.
Nays: None.
8.D.6.b. FROM THE BERMUDA, DALE AND MATOACA DISTRICT
IMPROVEMENT FUNDS TO THE SCHOOL BOARD TO PURCHASE
SOCCER EQUIPMENT FOR L. C. BIRD HIGH SCHOOL
On motion of Mr. Miller, seconded by Mr. Barber, the Board
transferred $1,333 each from the Bermuda and Matoaca District
Improvement Funds and $1,334 from the Dale District
Improvement Fund (total of $4,000) to the Chesterfield County
School Board to purchase soccer equipment for L. C. Bird High
School.
Ayes: King, Barber, Humphrey, Miller and Warren.
Nays: None.
8. D. 7 . AMENDMEN'l' TO BOARD MINUTES OF DECEMBER 14, 2005
On motion of Mr. Miller, seconded by Mr. Barber, the Board
amended the minutes of December 14, 2005 to modify the
ordinance revisions relating to the prohibition of tow truck
parking as follows:
.-
FROM:
"Mr. Barber called for a vote on the motion of Mrs. Humphrey,
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 SECTION 19-65, 19-66, 19-102, 19-103,
19-107.1, 19-108, 19-124, 19-301 AND 19-510
RELATING TO HOME OCCUPATIONS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 19-65, 19-66, 19-102, 19-103, 19-
107.1, 19-108, 19-124, 19--301 and 19-510 of the Code of the
County of Chesterfield, 1997, as amended, are amended and re-
enacted to read as follows:
Section 19-65. Uses Permitted with Certain Restrictions.
The following uses shall be permitted in the R-88
District subject to compliance with the following conditions
and other applicable standards of this chapter. If these
restrictions cannot be met, these uses may be allowed by
conditional use, subject to section 19-13:
000
(e) Home occupation, provided that:
06-117
02/22/06
( 1)
No employees shall
premises other than
live on the premises,
be permitted to work on
fami ly member employees
the
that
~,
(2) The use is wi thin a dwelling, accessory structure
or both provided that the total area for the use
does not exceed 25% of the floor of the dwelling or
250 square feet, whichever is greater,
(3) The use is clearly incidental and secondary to the
use of the property for dwelling purposes and no
external alterations, which would cause the
premises to differ from its residential character
by the use of colors, materials, lighting, or
construction, are permitted,
(4) No commodity is stored or sold on the premises
except for light inventory,
,~
(5) No more than one vehicle and one single axle
trailer not exceeding 13 feet in length and 3,200
pounds used in conjunction with the home occupation
may be parked on the premises. No equipment shall
be stored outside the dwelling or accessory
structure that would indicate that a business is
being conducted on site except for equipment stored
on the vehicle or trailer used in conjunction with
the business. The vehicle and equipment for a home
occupation shall be parked on the premises where
the home occupation is conducted, but a trailer
must be parked, except for loading or unloading,
either in the rear yard or so that its view is
screened from adjacent properties or public roads.
A vehicle used for towing shall not be permitted to
have a vehicle in tow or on its flatbed while it is
parked on the premises, and
(6) No assembly or group instruction shall be permitted
with a home occupation. Individual instruction on a
one to one basis is permitted. Only two clients
may be on the property at anyone time.
"~,
(f) Parking and storage of any commercial truck,
commercial vehicle or public service vehicle
provided that no such vehicle shall exceed 10,000
pounds or have more than two axles. The restriction
in this subsection shall not apply to (i) trucks or
vehicles on the premises while loading or
unloading; or (ii) trucks or vehicles parked on a
farm where the parking is incidental to the farming
use being conducted on the property.
Section 19-66. Accessory Uses, Buildings and Structures.
The following accessory uses, buildings and structures
shall be permitted in the R-88 District:
000
(b) Tennis courts and similar recreational facilities.
(c) Swimming pools and adjoining deck areas; provided
that no swimming pool wall shall be located within
06-118
02/22/06
six feet of an adjacent lot or parcel nor in a
required front or corner side yard.
(d) Temporary buildings or trailers devoted to purposes
incidental to construction activities taking place
on the premises; provided that such buildings or
trailers shall be removed upon completion or
abandonment of the work.
(e) Signs.
(f)
Other accessory uses, buildings and
otherwise prohibited, customarily
incidental to any permitted use.
structures not
accessory and
000
Section 19-102. Uses Permdtted with Certain Restrictions.
The following uses shall be permitted in the R-TH
District subject to compliance with the following conditions
and other applicable standards of this chapter. If these
restrictions cannot be met, these uses may be allowed by
conditional use, subject to section 19-13:
000
(e) Home occupation, provided that:
(I) No employees shall be permitted to work on the
premises other than family member employees that
live on the premises,
(2) The use is within a dwelling, accessory structure
or both provided that the total area for the use
does not exceed 25% of the floor of the dwelling or
250 square feet, whichever is greater,
(3) The use is clearly incidental and secondary to the
use of the property for dwelling purposes and no
external alterations, which would cause the
premises to differ from its residential character
by the use of colors, matex'ials, lighting, or
construction, are permitted,
(4) No commodity is stored or sold on the premises
except for light inventory,
(5) No more than one vehicle and one single axle
trailer not exceeding 13 feet in length and 3,200
pounds used in conjunction with the home occupation
may be parked on the premises. No equipment shall
be stored outside the dwelling or accessory
structure that would indicate that a business is
being conducted on site except for equipment stored
on the vehicle or trailer used in conjunction with
the business. The vehicle and equipment for a home
occupation shall be parked on the premises where
the home occupation is conducted, but a trailer
must be parked, except for loading or unloading,
either in the rear yard or so that its view is
screened from adjacent properties or public roads.
A vehicle used for towing shall not be permitted to
have a vehicle in tow or on its flatbed while it is
parked on the premises, and
06-119
02/22/06
(6) No assembly or group instruction shall be permitted
with a home occupation. Individual instruction on a
one to one basis is permitted. Only two clients
may be on the property at anyone time.
-
(f) Parking and storage of any commercial truck,
commercial vehicle or public service vehicle
provided that no such vehicle shall exceed 10,000
pounds or have more than two axles. The restriction
in this subsection shall not apply to (i) trucks or
vehicles on the premises while loading or
unloading; or (ii) trucks or vehicles parked on a
farm where the parking is incidental to the farming
use being conducted on the property.
000
Section 19-103. Accessory Uses, Buildings and Structures.
The following accessory uses, buildings and structures
shall be permitted in the R-TH District:
000
(d) Temporary buildings or trailers devoted to purposes
incidental to construction activities taking place
on the premises; provided that such buildings or
trailers shall be removed upon completion or
abandonment of such work.
(e) Buildings and structures devoted to maintenance and
groundskeeping purposes and equipment storage.
( f)
( g)
Signs.
Other accessory uses, buildings and
otherwise prohibited, customarily
incidental to any permitted use.
structures not
accessory and
000
Section 19-107.1. Uses Permitted with Certain Restrictions.
The following uses shall be
District subject to compliance with
and other applicable standards of
restrictions cannot be met, these
conditional use, subject to section
permitted in the R-MF
the following conditions
this chapter. If these
uses may be allowed by
19-13:
000
(d) Home occupation, provided that:
(1 )
No employees shall
premises other than
live on the premises,
be permi t ted to work on
fami ly member employees
the
that
.".,...
(2) The use is within a dwelling, accessory structure
or both provided that the total area for the use
does not exceed 25% of the floor of the dwelling or
250 square feet, whichever is greater,
(3) The use is clearly incidental and secondary to the
use of the property for dwelling purposes and no
external alterations, which would cause the
premises to differ from its residential character
by the use of colors, materials, lighting, or
construction, are permitted,
06-120
02/22/06
(4) No commodity is stored or sold on the premises
except for light inventory,
(5) No more than one vehicle and one single axle
trailer not exceeding 13 feet in length and 3,200
pounds used in conjunction with the home occupation
may be parked on the premises. No equipment shall
be stored outside the dwelling or accessory
structure that ':llJ'Ould indicate that a business is
being conducted on site except for equipment stored
on the vehicle or trailer used in conjunction with
the business. The vehicle and equipment for a home
occupation shall be parked on the premises where
the home occupation is conducted, but a trailer
must be parked, except for loading or unloading,
ei ther in the rear yard or so that its view is
screened from adjacent properties or public roads.
A vehicle used for towing shall not be permitted to
have a vehicle in tow or on its flatbed while it is
parked on the premises, and
(6) No asserrbly or group instruction shall be permitted
with a home occupation. Individual instruction on a
one to one basis is permitted. Only two clients
may be on the property at anyone time.
(e) Parking and storage of any commercial truck,
commercial vehicle, or public service vehicle provided that no
such vehicle shall exceed 10,000 pounds or have more than two
axles. The restriction in this subsection shall not apply to
(i) trucks or vehicles on the premises while loading or
unloading: or (ii) trucks or vehicles parked on a farm where
the parking is incidental to the farming use being conducted
on the property.
000
Section 19-108. Accessory Uses, Buildings and Structures.
The following accessory uses, buildings and structures
shall be permitted in the R-MF District:
000
(b)
Recreational facilities
and that primarily
residential community.
(c) Management office and maintenance buildings for the
project.
(d) Temporary buildings or trailers devoted to purposes
incidental to construction activities taking place
on the premises; provided that such buildings or
trailers shall be removed upon completion or
abandonment of such work.
as required for the project
serve the surrounding
(e)
( f)
Signs.
Other accessory uses, buildings and
otherwise prohibited, customarily
incidental to any permitted use.
-^
structures not
accessory and
000
Section 19-124. Uses Permitted with Certain Restrictions.
The following uses shall be permitted in the A District
subject to compliance with the following conditions and other
06-121
02/22/06
applicable standards of this chapter.
restrictions cannot be met, these uses
conditional use, subject to section 19-13:
If the following
may be allowed by
000
(e) Home occupation, provided that:
( 1 )
No employees shall
premises other than
live on the premises,
be permi t ted
fami ly member
to work on
employees
the
that
-
(2) The use is wi thin a dwelling, accessory structure
or both provided that the total area for the use
does not exceed 25% of the floor of the dwelling or
250 square feet, whichever is greater,
(3) The use is clearly incidental and secondary to the
use of the property for dwelling purposes and no
external alterations, which would cause the
premises to differ from its residential character
by the use of colors, materials, lighting, or
construction, are permitted,
(4) No commodi ty is stored or sold on the premises
except for light inventory,
(5) No more than one vehicle and one single axle
trailer not exceeding 13 feet in length and 3,200
pounds used in conjunction with the home occupation
may be parked on the premises. No equipment shall
be stored outside the dwelling or accessory
structure that would indicate that a business is
being conducted on site except for equipment stored
on the vehicle or trailer used in conjunction with
the business. The vehicle and equipment for a home
occupation shall be parked on the premises where
the home occupation is conducted, but a trailer
must be parked, except for loading or unloading,
ei ther in the rear yard or so that its view is
screened from adjacent properties or public roads.
A vehicle used for towing shall not be permitted to
have a vehicle in tow or on its flatbed while it is
parked on the premises, and
(6) No assembly or group instruction shall be permitted
with a home occupation. Individual instruction on a
one to one basis is permitted. Only two clients
may be on the property at anyone time.
000
Section 19-301.
Definitions.
-
000
Home occupation: Any occupation, profession, enterprise
or activity conducted which is incidental and secondary to
the use of the premises as a dwelling, including but not
limi ted to the home office of a member of a recognized or
licensed profession, such as an attorney, physician, dentist,
certified massage therapist as defined in County Code ~ 15-
91, musician, artist, real estate salesperson or broker, or
engineer.
06-122
02/22/06
Permitted home occupations shall not include animal
hospitals or kennels, beauty parlors, barbershops, dance
studios, motor vehicle repair, motor vehicle painting or
body work, motor vehicle detailing, nursing homes,
convalescent homes, rest homes, private clubs, tourist
homes, trash collection or similar establishments
offering services to the general public.
000
Section 19-510. Restrictions and Limitations--Agricultural,
Residential, Residential Townhouse, Multi-family Residential,
Manufactured Homes.
,,-~,..
(a) Parking and storing recreational equipment in R, R-
TH, MH and R-MF Districts:
(1) In all MH-2, MH-3, and R Districts, only two items
of recrE~ational equipment may be parked on a zoning
lot for each dwelling unit thereon, outside of a
totally enclosed building. Further, all
recreational equipment shall be parked or stored in
a rear yard, except for loading or unloading, and
shall be set back at least ten feet from the rear
lot lines and five feet from the side lot lines. No
trailer or vehicle shall have its wheels removed
except for repair purposes.
(2) No recrE~a tional equipment shall be used for living
or business purposes or connected to utility
services except for maintenance purposes.
(3) In R-TH, and R-MF Districts, parking and storing
recreational equipment shall be prohibited unless a
common storage area(s) is (are) provided for the
parking. Parking spaces for recreational equipment-'
and/or vehicles shall be in addition to that
required for parking private vehicles. The storage
area(s) shall be effectively screened from view.
(b) Parking areas for five or more vehicles on lots in A,
R, MH and R-TH districts f which are not used for
residential purposes, shall conform to the parking
requirements as though the property were located in
an 0, C or I District.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes:
Nays:
King, Humphrey, and Warren.
Barber and Miller."
TO:
"Mr. Barber called for a vote on the motion of Mrs. Humphrey,
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 SECTION 19-65, 19-66, 19-102, 19-103,
19--107.1,19-108, 19-124, 19-301 AND 19-510
RELATING TO HOME OCCUPATIONS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
06-123
02/22/06
(1) That Sections 19-65, 19-66, 19-102, 19-103, 19-
107.1, 19-108, 19-124, 19-301 and 19-510 of the Code of the
County of Chesterfield, 1997, as amended, are amended and re-
enacted to read as follows:
Section 19-65. Uses per.mitted with Certain Restrictions.
-.........
The following uses shall be
District subject to compliance with
and other applicable standards of
restrictions cannot be met, these
conditional use, subject to section
permitted in the R-88
the following conditions
this chapter. If these
uses may be allowed by
19-13:
000
(e) Home occupation, provided that:
( 1)
No employees shall
premi ses other than
live on the premises,
be permi t ted
family member
to work on
employees
the
that
(2) The use is within a dwelling, accessory structure
or both provided that the total area for the use
does not exceed 25% of the floor of the dwelling or
250 square feet, whichever is greater,
(3) The use is clearly incidental and secondary to the
use of the property for dwelling purposes and no
external alterations, which would cause the
premises to differ from its residential character
by the use of colors, materials, lighting, or
construction, are permitted,
(4) No commodi ty is stored or sold on the premises
except for light inventory,
(5) No more than one vehicle and one single axle
trailer not exceeding 13 feet in length and 3,200
pounds used in conjunction with the home occupation
may be parked on the premises. No equipment shall
be stored outside the dwelling or accessory
structure that would indicate that a business is
being conducted on site except for equipment stored
on the vehicle or trailer used in conjunction with
the business. The vehicle and equipment for a home
occupation shall be parked on the premises where
the home occupation is conducted, but a trailer
must be parked, except for loading or unloading,
either in the rear yard or so that its view is
screened from adjacent properties or public roads,
and
-
(6) No assembly or group instruction shall be permitted
with a home occupation. Individual instruction on a
one to one basis is permitted. Only two clients
may be on the property at anyone time.
(f) Parking and storage of any commercial truck,
commercial vehicle or public service vehicle
provided that no such vehicle shall exceed 10,000
pounds, have more than two axles, or be a
commercial vehicle which tows or hauls disabled,
wrecked or junked vehicles. The restrictions in
this subsection shall not apply to (i) trucks or
06-124
02/22/06
vehicles on the premises while loading or
unloading; or (ii) trucks or vehicles parked on a
farm where the parking is incidental to the farming
use being conducted on the property.
Section 19-66. Accessory Uses, Buildings and Structures.
The following accessory uses, buildings and structures
shall be permitted in the R-88 District:
000
(b) Tennis courts and similar recreational facilities.
(c) Swimming pools and adj oi.ning deck areas; provided
that no swimming pool wall shall be located within
six feet of an adjacent lot. or parcel nor in a
required front or corner side yard.
(d) Temporary buildings or trailers devoted to purposes
incidental to construction activities taking place
on the premises; provided that such bui Idings or
trailers shall be removed upon completion or
abandonment of the work.
(e) Signs.
(f) Other accessory uses, buildings and
otherwise prohibited, customarily
incidental to any permitted use.
structures not
accessory and
000
Section 19-102. Uses Permitted with Certain Restrictions.
The following uses shall be permitted in the R-TH
District subject to compliance with the following conditions
and other applicable standards of this chapter. If these
restrictions cannot be met, these uses may be allowed by
conditional use, subject to section 19-13:
--
000
(e) Home occupation, provided that:
(1) No employees shall be permitted to work on the
premises other than family member employees that
live on the premises,
(2) The use is wi thin a dwelling, accessory structure
or both provided that the total area for the use
does not exceed 25% of the floor of the dwelling or
250 square feet, whichever is greater,
(3) The use is clearly incidental and secondary to the
use of the property for dwelling purposes and no
external al tera tions, which would cause the
premises to differ from its residential character
by the use of colors, materials, lighting, or
construction, are permitted,
-,.
(4) No commodity is stored or sold on the premises
except for light inventory,
(5) No more than one vehicle and one single axle
trailer not exceeding 13 feet in length and 3,200
pounds used in conjunction with the home occupation
may be parked on the premises. No equipment shall
be stored outside the dwelling or accessory
06-125
02/22/06
-
structure that would indicate that a business is
being conducted on site except for equipment stored
on the vehicle or trailer used in conjunction with
the business. The vehicle and equipment for a home
occupation shall be parked on the premises where
the home occupation is conducted, but a trailer
must be parked, except for loading or unloading,
either in the rear yard or so that its view is
screened from adjacent properties or public roads,
and
( 6)
No assembly or group instruction shall be permitted
with a home occupation. Individual instruction on a
one to one basis is permitted. Only two clients
may be on the property at anyone time.
( f)
Parking and storage of any commercial truck,
commercial vehicle or public service vehicle
provided that no such vehicle shall exceed 10,000
pounds, have more than two axles, or be a
commercial vehicle which tows or hauls disabled,
wrecked or junked vehicles. The restrictions in
this subsection shall not apply to (i) trucks or
vehicles on the premises while loading or
unloading; or (ii) trucks or vehicles parked on a
farm where the parking is incidental to the farming
use being conducted on the property.
000
Section 19-103. Accessory Uses, Buildings and Structures.
The following accessory uses, buildings and structures
shall be permitted in the R-TH District:
-
000
(d) Temporary buildings or trailers devoted to purposes
incidental to construction activities taking place
on the premises; provided that such buildings or
trailers shall be removed upon completion or
abandonment of such work.
(e) Buildings and structures devoted to maintenance and
groundskeeping purposes and equipment storage.
( f )
(g)
Signs.
Other accessory uses, buildings and
otherwise prohibited, customarily
incidental to any permitted use.
structures not
accessory and
000
Section 19-107.1. Uses permdtted with Certain Restrictions.
The following uses shall be permitted in the R-MF
District subject to compliance with the following conditions
and other applicable standards of this chapter. If these
restrictions cannot be met, these uses may be allowed by
conditional use, subject to section 19-13:
-
(d) Home occupation, provided that:
000
( 1 )
No employees shall
premi ses other than
live on the premises,
be permitted to work on
family member employees
the
that
06-126
02/22/06
(2) The use is wi thin a dwelling, accessory structure
or both provided that the total area for the use
does not exceed 25% of the floor of the dwelling or
250 square feet, whichever is greater,
(3) The use is clearly incidental and secondary to the
use of the property for dwelling purposes and no
external alterations, which would cause the
premises to differ from its residential character
by the use of colors, materials, lighting, or
construction, are permitted,
(4) No commodity is stored or sold on the premises
except for light inventory,
(5) No more than one vehicle and one single axle
trailer not exceeding 13 feet in length and 3,200
pounds used in conjunction with the home occupation
may be parked on the premises. No equipment shall
be stored outside the dwelling or accessory
structure that would indicate that a business is
being conducted on site except for equipment stored
on the vehicle or trailer used in conjunction with
the business. The vehicle and equipment for a home
occupation shall be parked on the premises where
the home occupation is conducted, but a trailer
must b€~ parked, except for loading or unloading,
either in the rear yard or so that its view is
screened from adjacent properties or public roads,
and
(6) No asselnbly or group instruction shall be permitted
with a home occupation. Individual instruction on a
one to one basis is permitt.ed. Only two clients
may be on the property at anyone time.
-.....
(e) Parking and storage of any commercial truck,
commercial vehicle or public service vehicle
provided that no such vehicle shall exceed 10,000
pounds, have more than two axles, or be a
commercial vehicle which tows or hauls disabled,
wrecked or junked vehicles. The restrictions in
this subsection shall not apply to (i) trucks or
vehicles on the premises while loading or
unloading; or (ii) trucks or vehicles parked on a
farm where the parking is incidental to the farming
use being conducted on the property.
000
Section 19-108. ,Accessory Uses, Buildings and Structures.
The following accessory uses, buildings and structures
shall be permitted in the R-MF District:
000
(b) Recreational facilities as required for the project
and t.hat primarily serve t.he surrounding
residential community.
(c) Management office and maintenance buildings for the
project.
06-127
02/22/06
(d) Temporary buildings or trailers devoted to purposes
incidental to construction activities taking place
on the premises; provided that such buildings or
trailers shall be removed upon completion or
abandonment of such work.
(e) Signs.
(f)
Other accessory uses, buildings and
otherwise prohibited, customarily
incidental to any permitted use.
structures not
accessory and
,..--.
000
Section 19-124. Uses Permitted with Certain Restrictions.
The following uses shall be permitted in the A District
subject to compliance with the following conditions and other
applicable standards of this chapter. If the following
restrictions cannot be met, these uses may be allowed by
conditional use, subject to section 19-13:
000
(e) Home occupation, provided that:
( 1)
No employees shall
premi ses other than
live on the premises,
be permi t ted to work on
family member employees
the
that
(2) The use is within a dwelling, accessory structure
or both provided that the total area for the use
does not exceed 25% of the floor of the dwelling or
250 square feet, whichever is greater,
-
(3) The use is clearly incidental and secondary to the
use of the property for dwelling purposes and no
external alterations, which would cause the
premises to differ from its residential character
by the use of colors, materials, lighting, or
construction, are permitted,
(4) No commodity is stored or sold on the premises
except for light inventory,
-
(5) No more than one vehicle and one single axle
trailer not exceeding 13 feet in length and 3,200
pounds used in conjunction with the home occupation
may be parked on the premises. No equipment shall
be stored outside the dwelling or accessory
structure that would indicate that a business is
being conducted on site except for equipment stored
on the vehicle or trailer used in conjunction with
the business. The vehicle and equipment for a home
occupation shall be parked on the premises where
the home occupation is conducted, but a trailer
must be parked, except for loading or unloading,
either in the rear yard or so that its view is
screened from adjacent properties or public roads,
and
(6) No assembly or group instruction shall be permitted
with a home occupation. Individual instruction on a
one to one basis is permitted. Only two clients
may be on the property at anyone time.
000
06-128
02/22/06
Section 19-301. Definitions.
000
Home occupati.on: Any occupation, profession, enterprise
or activity conducted which is incidental and secondary to
the use of the premises as a dwelling, including but not
limited to the home officE~ of a member of a recognized or
licensed profession, such as an attorney, physician, dentist,
certified massage therapist as defined in County Code ~ 15-
91, musician,. artist, real estate salesperson or broker, or
engineer.
Permitted home occupations shall not include animal
hospitals or kennels, beauty parlors. barbershops, dance
studios, motor vehicle repair, motor vehicle painting or
body work, motor vehicle detailing, nursing homes,
convalescent homes, rest homes, private clubs, tourist
homes, trash collection or similar establishments
offering services to the general public.
000
Section 19-510. Restrictions and Limitations--Agricultural,
Residential, Residential Townhouse, Multi-family Residential,
Manufactured Homes '.
(a) Parking and storing recreational equipment in R, R-
TH, ME and R-MF Districts:
(1) In all MH-2, MH-3, and R Districts, only two items
of recreational e(~ipment may be parked on a zoning
lot for each dwelling uni t thereon, outside of a
totally enclosE~d building. Further, all
recreational equipment shall be parked or stored in
a rear yard, except for loading or unloading, and
shall be set back at least ten feet from the rear
lot lines and five feet from the side lot lines. No
trailer or vehicle shall have its wheels removed
except for repair purposes.
(4) No recreational el:;:{Uipment shall be used for living
or business purposes or connected to uti Ii ty
services except for maintenance purposes.
(5) In R-TH, and R-MF Districts, parking and storing
recreational equipment shall be prohibited unless a
common storage area (s) is (are) provided for the
parking. Parking spaces for recreational equipment
and/or vehicles shall be in addition to that
required for parking private vehicles. The storage
area(s) shall be effectively screened from view.
(b) Parking areas for five or more vehicles on lots in A,
R, MH and R-TH districts, which are not used for
residential purposes, shall conform to the parking
requirements as though the property were located in
an 0, C or I District.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes:
Nays:
King, Humphrey, and Warren.
Barber and Miller.H
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06-129
02/22/06
8.D.8. DESIGNATION OF RIGHT OF WAY AND VIRGINXA DEPARTMENT
OF TRANSPORTATION SLOPE AND DRAINAGE EASEMENTS FOR
COUGAR TRAIL
'.......
On motion of Mr. Miller, seconded by Mr. Barber, the Board
designated right of way and Virginia Department of
Transportation slope and drainage easements for Cougar Trail,
and authorized the County Administrator to execute the
Declaration. (It is noted copies of the plats are filed with
the papers of this Board.)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
9 HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
o MR. JAMES DANIELS TO ADDRESS THE BOARD TO DISCUSS AN
APPLICATION FOR HISTORIC DESIGNATION FOR BERMUDA HUNDRED
Mr. James Daniels stated Bermuda Hundred is the most
important site in Chesterfield County history and provided
many interesting historical facts about the site. He stated
now is the time to recognize Bermuda Hundred as a historical
site with the 2007 Celebration coming up. He further stated,
when the Historical Society filed an application in 1995 for
historical designation of Bermuda Hundred, there was no
opposition until the corporate headquarters of Philip Morris
received notice of the designation. He stated, at that time,
the district had to be contiguous and certain properties
could not be removed from the designation. He further stated
the rules have changed, and a district has now been created
that will not adversely affect any of the Bermuda Hundred
property owners. He stated a portion of the property
included in the district is the Brown and Williamson property
donated to the county. He requested that the county assist
the Historical Society in moving forward to gain historical
designation of Bermuda Hundred by expressing its willingness
to include the county property in the historic designation.
He stated the approval process is a timely issue because of
the upcoming 2007 Celebration.
In response to Mr. Miller's question, Mr. Daniels stated the
designation is purely honorary.
Mr. Ramsey stated staff can support Mr. Daniel's request. He
further stated he believes the earlier issue was a result of
fear of the industries that the historic designation might
hinder the county's process if they expanded their
facilities. He stated if the Board is in agreement, he would
ask Mr. Hammer to work with the Historical Society to move
the issue forward.
Mr. King stated he fully supports Bermuda Hundred being
placed on the national historic designation registry.
In response to Mr. Miller's question, Mr. Daniels stated the
Historical Society is seeking state and national historic
designation of Bermuda Hundred, but is not requesting that
the site be designated as a historic landmark through the
06-130
02/22/06
county's Historic Preservation Committee because of the
restrictions that would be placed upon the property.
Mrs. Humphrey stated she supports Mr. Daniels' request.
10. REPORTS
10.A. REPORT ON STATUS OF GENERAL FOND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS
AND LEASE PURCHASES
10.B. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
accepted the following reports: a Report on the Status of
General Fund Balance, Reserve for Future Capi tal Proj ects,
District Improvement Funds and LeaSE~ Purchases; and a Report
on Developer Water and Sewer Contracts.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
11. DINNER
On motion of Mr.
recessed to the
dinner.
King, seconded by Mr. Miller,
Administration Building, Room
the Board
502, for
Ayes: King, Miller" Barber, Humphrey and Warren.
Nays: None.
Reconvening:
12. INVOCATION
Reverend Johnnie Fleming, Pastor of Second Baptist Church,
gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Mr. Stith led the Pledge of Allegiance to the flag of the
United States of America.
Mr. Stith then introduced members of the Young Adult Choir
from Second Baptist Church.
The choir performed two musical selections.
Mr. Stith recognized members of the Black History Month
Committee who were present at the meeting.
14. RESOLUTIONS AND SPECIAL RECOGNITIONS
o RECOGNIZING MR. TIMOTHY R. MICK FOR HIS CONTRIBUTIONS TO
THE CHESTERFIELD COUNTY PARKS AND RECREATION ADVISORY
COMMISSION
Mr. Golden introduced Mr. Timothy Mick who was present to
receive the resolution.
06-131
02/22/06
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Parks and Recreation
Advis07y Commission was established in 1993 by the Board of
Supervlsors for the purpose of assessing the recreation needs
of the county, advising the Board of Supervisors and county
staff, and making specific recommendations on the most
equitable use of facilities; and
WHEREAS, Mr. Timothy R. Mick was appointed as a member
of the Commission representing the Bermuda Magisterial
District in January 1996, and since that time has served the
citizens of Chesterfield with distinction; and
WHEREAS, Mr. Mick served as Chairman of the Budget
Commi t tee, the Background Checks Conuni t tee and the Capi tal
Projects Committee and continuously worked to resolve issues
and bring forth policy recommendations later adopted by the
Commission; and
WHEREAS, the Commission provided guidance and direction
on development of a Parks and Recreation Master Plan, set
standards for capital improvements for new facilities, and
developed policies for the safety and protection of youth
sports participants; and
WHEREAS, the Conunission set schedules for sports season
dates and recommended assignments of facilities to
cosponsored leagues; and
-
WHEREAS, the Commission strongly supported the passage
of the 2004 Bond Referendum and the resulting acquisition and
development of new parks and recreation facilities throughout
the county; and
WHEREAS, the Commission developed and have created a
Recreational Volunteers Recognition Program, with the first
awards ceremonies held in the spring of 2004; and
WHEREAS, Mr. Mick has contributed greatly to the
Chesterfield community through his own volunteerism, serving
in the capacity of President of the Chesterfield Quarterback
League, State Youth Director for the Bass Federation, serving
in a leadership position with the Harrowgate Athletic
Association, and initializing and developing the Marguerite
Christian Athletic Association.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of February 2006,
publicly recognizes and conunends Mr. Timothy R. Mick for his
dedicated and outstanding service to the Parks and Recreation
Advisory Commission and to the citizens of Chesterfield
County.
.-
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
Mr. King presented the
accompanied by members
Recreation Commission,
dedicated service on
Commission.
executed resolution to Mr. Mick,
of his family and the Parks and
and expressed appreciation for his
the Parks and Recreation Advisory
Parks and Recreation Advisory
Shewmake and Frank McDavid each
Commission members Will
expressed appreciation for
06-132
02/22/06
the leadership and wisdom provided by Mr. Mick as a member of
the Parks and Recreation Advisory Commission.
Mr. Mick's family members stated they are very proud of him.
Mr. Barber stated he would like to move Case 06SN0191 to the
end of the zoning agenda, if the Chairman concurs.
Mr. King stated he concurs with moving 06SN0191 to the end of
the zoning agenda.
15. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTiON 17
05SN0185 (Amended)
In Midlothian Magisterial District, COMMERCIAL LAND
DEVELOPMENT requests rezoning and amendment of zoning
district map from Agricultural (A) to General Industrial (I-
2) with Conditional Use to permit commercial uses and
Conditional Use Planned Development to allow exceptions to
Ordinance requirements. rrhe density of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for light industrial/flex uses. 'Phis request lies on 36.4
acres fronting approximately 1,100 feet on the south line of
Midlothian Turnpike, also fronting in two (2) places for a
total of approximately 730 feet on the west line of Otterdale
Road and located in the southwest quadrant of the
intersection of these roads. Tax IDs 720-709-6011; 721-708-
2383; and 721-709-2704 and 3240 (Sheet 5).
Mr. Turner stated Mr. Barber has requested a deferral of Case
05SN0185 until April 26, 2006.
Mr. Jim Theobold, representing the applicant, expressed
appreciation to 11r. Barber for his willingness to defer the
case until April 26, 2006.
Mr. Will Shewmake!, representing one of the landowners, stated
the deferral will be helpful.
Mr. King 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 05SN0185 until April 26, 2006.
>.--""
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06-133
02/22/06
06SN0112
-
In Clover Hill Magisterial District, HARBOUR POINTE SHOPPING
CENTER ASSOC. L. C. AND UKROP' S SUPERMARKETS, INC. request
amendment to Conditional Use (Case 91SN0286) and amendment of
zoning district map to increase square footage limitations
for the shopping center. 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 use. This request lies in a Community
Business (C-3) District on 13.6 acres fronting approximately
680 feet on the east line of Harbour View Court approximately
400 feet on the west line of Bayside Lane and fronting
approximately forty (40) feet on the north line of Hull
Street Road. Tax IDs 727-673-7983, 728-673-0984 and 728-674-
4411 (Sheet 15).
Mr. Turner presented a summary of Case 06SNOl12 and stated
the Planning Commission and staff recommended approval.
Ms. Ashley Harwell, representing the applicant, stated the
recommendation is acceptable.
Mr. King called for public comment.
No one came forward to speak to the request.
On motion of Mr. Warren, seconded by Mr. Miller, the Board
approved Case 06SN0112.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06SN0151
In Bermuda Magisterial District, ROBERT SHERRILL AND FLOYD
WASHABAUGH request rezoning and amendment of zoning district
map from Agricultural (A) to Corporate Office (0-2). The
density of such amendment will be controlled by zoning
condi tions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for neighborhood mixed
use. This request lies on 0.5 acre and is known as 561 East
Hundred Road. Tax ID 817-651-8971 (Sheet 27) .
Mr. Turner presented a summary of Case 06SN0151 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Robert Sherrill stated the recommendation is acceptable.
Mr. King called for public comment.
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mr. Miller, the Board
approved Case 06SN0151 and accepted the following proffered
conditions:
1. In conjunction with any new development or redevelopment
on the property, as determined by the Transportation
Department, the owner/developer shall construct an
additional lane of pavement along Route 10 for the
06-134
02/22/06
entire property
unrestricted, to
right-of-way (or
improvements. (T)
f ron tage , and
Chesterfield
easements)
dedicate,
County any
required
free and
additional
for these
2. Prior to any si te plan approval or wi thin sixty (60)
days of approval of this request, whichever occurs
first,. one-hundred (100) feet of right-of-way on the
south side of Route 10, measured from the centerline of
Route 10 adjacent to the property, shall be dedicated,
free and unrestricted, to and for the benefit of
Chesterfield County. (T)
3. Direct vehicular access from the property to Route 10
shall be limited to one (1) entrance/exit. The exact
location of this entrance/exit shall be approved by the
Transportation Department. Prior to any site plan
approval, an access easement, acceptable to the
Transportation Department, shall be recorded from Route
10 to the adjacent property to the west. (T)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06SN0158
In Bermuda Magisterial District, D. K. WALTERS BUILDERS, INC.
requests rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12). Residential use of up
to 3.63 units per acre is permitted in a Residential (R-12)
District. The Comprehensive plan suggests the property is
appropriate for residential use of 2.5 dwellings per acre or
less. This request lies on 2. 0 aCrE~S fronting approximately
280 feet on the east line of Osborne Road approximately 430
feet south of Warfield Estates Drive. Tax ID 794-657-8017
(Sheet 26).
Mr. Turner presented a summary of Case 06SN0158 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Dean Hawkins, representing the applicant, stated the
recommendation is acceptablE!.
Mr. King called for public comment.
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mr. Miller I the Board
approved Case 06SN0158 and accepted the following proffered
conditions:
1. Except for timbering approved by the Virginia Division
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
Department of Environmental Engineering and the approved
devices have been installed. (EE)
2.
In conjunction
subdivision plat
wri t ten request
with recordation of
or within sixty (60)
by the Transportation
the initial
days from a
Departmen t ,
06-135
02/22/06
whichever occurs first, thirty-five (35) feet of right-
of-way on the south side of Osborne Road, measured from
the centerline of that part of Osborne Road immediately
adjacent to the Property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
3.
In conjunction with development of the initial
subdivision section, the ditch on the south side of
Osborne Road shall be relocated to provide an adequate
shoulder, as determined by the Transportation
Department, for the entire property frontage. The
developer shall dedicate to Chesterfield County, free
and unrestricted, any additional right-of-way (or
easements) required for this improvement. (T)
,,"'-'"
4. The public water and wastewater systems shall be used.
(U)
5. The applicant, subdivider or assignee (s) shall pay the
following to the County of Chesterfield prior to the
issuance of a building permit for infrastructure
improvements wi thin the service district for the
property:
a. $15,600 per dwelling unit, if paid prior to July 1,
2006; or
-
b. The amount approved by the Board of Supervisors not
to exceed $15,600 per dwelling unit adjusted upward
by any increase in the Marshall Swift Building Cost
Index between July 1, 2005 and July 1 of the fiscal
year in which the paYffient is made after June 30,
2006.
c. Cash proffers shall be spent for the
proffered or as otherwise permitted by law.
purposes
(B&M)
6. A maximum of three (3) residential lots shall be created
within the area of this request. (P)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06SNOll0
-
In Midlothian Magisterial District, JDC TRADD INC. requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential Townhouse (R-TH) with
Condi tional Use Planned Development to allow exceptions to
Ordinance requirements. Residential use of up to 8.0 units
per acre is permitted in a Residential Townhouse (R-TH)
District. The Comprehensive Plan suggests the property is
appropriate for low density residential use of 1.01 to 2.5
uni ts per acre. This request lies on 22.8 acres fronting
approximately 1,200 feet on the north line of the Norfolk
Southern Railroad, west of Winterfield Road. Tax IDs 724-
710-7957 and 725-710-3079 and 4141 (Sheet 5).
Mr. Robert Clay presented a summary of Case 06SN0110 and
stated the Planning Commission recommended approval of the
rezoning and the waiver to street connectivity requirements,
06-136
02/22/06
noting that the proposal has support from the corrununity and
presents an opportunity to improve a dangerous curve on
Winterfield Road. He further stated staff recorrunended denial
because the proposed zoninH and land uses do not conform to
the Midlothian Area Community Plan and the proposal fails to
comply with the Thoroughfare Plan.
Mr. Will Shewmake, representing the
forego a presentation because of
agenda unless the Board desires one.
applicant, stated he will
the lengthiness of the
Mr. Barber stated if there are questions after public input,
Mr. Shewmake can make the present.ation if Board members
desire.
Mr. Miller inquired why the applicant is objecting to the
extension of Justice Road.
Mr. Shewmake stated a multi-million dollar bridge over
Michaux Creek would be necessary to extend Justice Road as
called for in the Thoroughfare Plan and would also destroy
the proposed new urbanism project. He further stated the
proposed roundabout on adjacent property will accomplish the
same thing as extending Justice Road as well as keep through
truck traffic off of Winterfield Road. He stated the
applicant is protecting Winterfield Road and turning it into
the road that the community desires. He noted there will be
multiple accesses to the subject property off of Winterfield
Road.
In response to Mr. Miller's questions, Mr. Shewmake stated
the applicant has agreed to purchase property to realign
Winterfield Road and slow the traffic to 25 miles per hour.
He further stated, in response to the community's concerns,
the applicant has agreed to construct sidewalks on both sides
of the road through the entire development.
--
In response to :Mr. King's question, Mr. McCracken stated
staff recorrunends that Winterfield Road be extended to the
west and connect with Justice Road to provide additional
relief at the Route 288/Route 60 intersection.
Mr. Barber stated numerous accidents and fatalities have
occurred on the severely misaligned portion of Winterfield
Road. He further stated this project will relocate
Winterfield Road, which has been an extremely high priority.
Mr. King called for public comment.
Ms. Amy Satterfield, Executive Director of the Village of
Midlothian Volunteer Coalition, stated she supports the
rezoning request, but does not support the connection to
Justice Road, indicating that extending Justice Road with a
bridge into an industrial park would adversely impact the
character and perceived boundaries of the Village of '.._~
Midlothian. She also encouraged the county to nconsider the
applicant's offer to dedicate 8-plus acres for park use.
Mr. Peppy Jones stated he supports the proposed development,
indicating that the applicant has done a lot to address the
community's concerns.
06-137
02/22/06
Mr. Shane Doran, the developer, stated he is thrilled with
the community support and is proud to invest in Chesterfield
County.
There being no one else to speak to the request, the public
hearing was closed.
-
Discussion ensued relative to the standards to be considered
for waiver of street connectivity requirements.
Mr. Clay stated in staff's
meet the standards for
requirements.
opinion,
waiving
the proposal does not
street connectivity
Mr. Shewmake stated Winterfield Road relocated terminates
north of the subject property. He further stated the
relocation of Winterfield Road will be completed with the
proposed development. He stated there will be numerous
connections to Winterfield Road, as well as alleys and
streets throughout the development. He further stated the
applicant has offered to dedicate 8 acres for a park or
provide an easement for a trail system.
In response to Mr. Miller's questions, Mr. Clay stated there
would be no connection to Justice Road of Marylebane Lane,
resulting in all of the traffic generated accessing
Winterfield Road.
,-
Mr. Shewmake stated the issue deals more with the
Thoroughfare Plan than connecti vi ty. He further stated the
applicant has worked with the neighbors to gain their support
without connectivity. He stated the proposal will address
safety concerns on Winterfield Road, which has been a
critical issue for many years.
Mrs. Humphrey stated she would rather see Winterfield Road
realigned than Justice Road extended.
In response to Mrs. Humphrey's question, Mr. McCracken stated
connectivity may address public safety issues, but result in
cut-through traffic in the subdivisions. He further stated,
without question, staff supports the relocation and
straightening of Winterfield Road.
Mr. Shewmake noted that the proposed sidewalks will connect
the development with neighboring development.
Mr. Barber made a motion, seconded by
Board to approve Case 06SN0110 and
proffered conditions:
Mrs. Humphrey, for the
accept the following
1.
Master Plan. The Textual Statement dated January 5,
2006, and the Plan prepared by Balzer and Associates
dated December 22, 2005, shall be considered the Master
Plan ("the Plan"). (P)
-
2. Density. The maximum density of this development shall
not exceed one hundred thirty-four (134) dwelling units.
The tentative subdivision plan shall show a minimum of
seven (7) lots that conform to the requirements for
Single Family A, as described herein. A maximum of one
hundred twenty-two (122) lots conforming to the
06-138
02/22/06
3 .
requirements for Single Fami Iy B
permi tted. (P)
All exposed portions of the foundation and
supporting front porches of each dwelling
faced with brick or stone veneer. (P)
lots
shall be
Foundations.
exposed piers
unit shall be
4 .
Vinyl Siding. Vinyl siding shall be prohibited.
( P)
5. Utilities. Public water and wastewater systems shall be
used. (U)
6. Impacts on Capital Facilities.. The applicant,
subdivider, or assignee(s) shall pay the following to
the County of Chesterfield, for infrastructure
improvements wi thin the service district for the
property:
A. Prior to the issuance of a building permit for each
dwelling uni t, the applicant, subdi vider I or
assignee(s) shall pay to the County of Chesterfield
the following amounts for infrastructure
improvement wi thin the service district for the
property:
i. If paYffient is made prior to July 1, 2006,
$15,600.00 per dwelling unit. At time of
payment $15,600.00 will be allocated pro-rata
among the facility costs as follows: $602.00
for parks and recreation, $348.00 for library
facili ties, $8,915.00 for roads, and $404.00
for fire stations, and $5,331.00 for schools;
or
_/
1.1... If payment is made after June 30, 2006, the
amount approved by the Board of Supervisors
not to exceed $15,600.00 per dwelling unit
pro-rated as set forth in Proffered Condition
6.a.i. above and adjusted upward by any
increase in the Marshall and Swift Building
Cost Index between July 1, 2005, and July 1 of
the fiscal year in which the payrnent is made
if paid after June 30, 2006.
iii. Cash proffer payments shall be spent for the
purposes proffered or as otherwise permitted
by law. (B&M)
7. Timbering. 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
permi t has been obtained from the Environmental
Engineering Department and the approved devices
installed. (EE)
8. Burning Ban. The developer shall not use burning to
clear or timber the subject properties. (F)
9. Right of Way Dedication. In conjunction with the
recordation of the initial subdivision plat or prior to
any si te plan approval, whichever occurs first,
sufficient right of way for Winterfield Road shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County as determined by the
06-139
02/22/06
Transportation Department. Provided, however, the total
aggregate right of way width when combined with any
dedicated right of way requested in Case N 06SN0111
o.
shall not exceed seventy (70) feet. (T)
,-
10. Road Improvements. In conjunction with the initial
~evelopment, the developer shall construct the following
~mprovements. The exact location and design of these
improvements shall be approved by the Transportation
Department. The developer shall dedicate, free and
unrestricted to Chesterfield County, any right-of-way
(or easements) required for these improvements.
a.
Winterfield Road Re-Aligned
Winterfield Road/Roderick Court
existing railroad crossing, as
the Plan,
from the West
intersection to the
generally shown on
b. A cul-de-sac on Winterfield Road at Winterfield
Road Re-Aligned, if approved by VDOT and the
Transportation Department. Unless otherwise
approved by VDOT and the Transportation Department,
the cul-de-sac shall be constructed on the property
that is the subject of Case No. 06SN0111 and/or
within the available right(s) of way,
c.
Realignment of the existing West Winterfield
Road/Winterfield Road intersection. In the event
the developer is unable to acquire any right-of-way
required for these improvements, the developer may
request, in writing, that the County acquire such
right(s)-of-way as a public road improvement. All
costs associated with the acquisition of the
right (s) -of-way shall be borne by the developer.
In the event the County chooses not to assist the
developer in acquisition of the right(s)-of-way,
the developer shall be relieved of the obligation
to acquire the right (s) -of-way and shall provide
the improvement within available right{s)-of-way,
as determined by the Transportation Department,
,-
d. Sidewalks having a minimum width of five (5) feet
along both sides of Winterfield Road Re-Aligned
from the southern property line to the West
Winterfield Road/Winterfield Road intersection,
e. All roads that accommodate general traffic
circulation through the development, as determined
by the Transportation Department, shall be designed
and constructed to VDOT standards and taken into
the State System. (T)
-
11. Transportation Contribution. If the Applicant provides
road improvements approved by the Transportation
Department (the "Improvements"), other than those road
improvements identified in Proffered Conditions lOa, b,
c, and e, then the cash proffer payment(s) for the road
component as set forth in Proffered Condition 6 shall be
reduced so long as the cost to construct the
Improvements is of equal or greater value than that
which would have been collected through the payment (s)
of the road component of the cash proffer. For purposes
of this section, other road improvements not identified
06-140
02/22/06
in Proffered Conditions lOa, b, c, and e, include
without limitation, improvements of the railroad
crossing to the south of the subject property. Once the
sum total amount of the cash proffer credit exceeds the
cost of the Improvements, as determined by the
Transportation Department, thereafter the Applicant
shall commence paying the cash proffer as set forth in
Proffered Condition 6 as adjusted for the credit. For
the purposes of this profferl the costs, as approved by
the Transportation Department, shall include, but not be
limited to, the cost of right-of-way acquisition,
engineering costs, costs of relocating utilities and
actual costs of construction (including labor,
materials, and overhead) ("Work/'). Provided, however,
the developer also shall receive a reduction of the
transportation cash proffer payment{s) for the
improvements identified in Proffered Condition 10(d) to
the extent those improvements are north of the parcel
identified as Tax Parcel No. 725-711-4912, but in no
event shall the reduction for the improvements set forth
in Proffered Condition 10(d) exceed $150,000.00. Before
any Work is performed (which includes the i.mprovements
identified in Proffered Condition 10(d)), the developer
shall receive prior written approval by the
Transportation Department for any credit amount. (T and
B&M)
12. Park Dedication. If requested by the Parks and
Recreation Department, the developer in conjunction with
the final subdivision plat or site plan approval,
whichever occurs first, shall dedicate to the County,
free and unrestricted and to and for the benefit of
Chesterfield County, approximately eight (8) acres
generally adjacent to Michaux Creek located on the
western portion of the property. Provided, however, the
developer shall be granted on the dedicated property an
easement for any storm water/BMP facilities required for
the development under the County Code. If the County
does not make such a request, then the developer shall
provide a trail along the length of Michaux Creek and
Deep Creek from the northeastern to southwestern parcel
boundaries. The exact length, width and treatment of the
trail shall be approved by the Parks and Recreation
Department. Provided, however, the Parks and Recreation
Department shall not require any trail to be hardscaped.
The trail shall be dedicated to the County or an
easement granted to the County, or shall be owned and
maintained by the Homeowners A.ssociation. (P&R and B&M)
13. Restrictive Covenants. The following restrictive
covenants shall be recorded in conjunction with the
recordation of any subdivision plat or prior to any site
plan approval, which ever occurs first:
a.
Design Guidelines - Any areas to be developed with
a neotraditional design as defined in the Textual
Statement shall be developed pursuant to and
consistent with the Residential Design Guidelines
prepared by Looney Ricks Kiss, and referred to as
the "Design Guidelines Manual."
b. Architectural Board - The Architectural Board shall
have exclusive jurisdiction over all original
06-141
02/22/06
-.-'"
'~-"""
construction, modifications, additions or
alterations made on or to all existing
improvements, and the open space, if any,
appurtenant thereto on all property. It shall
prepare and, on behalf of the Board of Directors of
the Homeowners Association (the "Board of
Directors") , shall promulgate application and
review procedures, all as part of the design and
developmental standards. The Archi tectural Board
shall incorporate the "Design Guidelines Manual,"
as described below in its review and approval of
all applications submitted. Copies of the "Design
Guidelines Manual" shall be available from the
Archi tectural Board for review and use by owners,
builders and/or developers. The guidelines and
procedures shall be those of the Association, and
the Architectural Board shall have sole and full
authority to prepare and to amend the standards
available to owners, builders, and developers only
under extreme circumstances or hardships. Such
circumstances or hardships shall be clearly
demonstrated to be considered for amendment. The
Architectural Board shall initially consist of
three (3) members, all appointed by the Declarant.
At such time as one hundred percent (100%) of all
property has been developed, improved, and conveyed
to purchasers in the normal course of development
and sale, the Board of Directors shall appoint all
members of the Architectural Board. At no time
shall the Architectural Board have fewer than three
members nor more than five (5) members. The
declarant may, at his option, delegate to the Board
of Directors its right to appoint one or more
members of the Architectural Board. At all times,
at least one (1) member of the Architectural Board
shall be a member of the Board of Directors, and at
least one (1) member shall be an architect licensed
to practice in the State of Virginia. It is
intended for the Architectural Board to maintain
the character and integrity of the development.
c.
Signs - No signs shall be erected or maintained on
any residential property by anyone including, but
not limited to, the owner, a contractor, or a
subcontractor, except as provided for in the
"Development Guidelines Manual" or except as may be
required by legal proceedings. Residential
property identification and like signs not
exceeding a combined total of more than one ( 1)
square foot may be erected without the written
permission of the Declarant or the Board of
Directors. Realtor signs "For Sale" may be erected
and are subject to review of the Declarant or
Architectural Board.
,......
d. Condition of Ground It shall be the
responsibility of each property owner and tenant to
prevent the development of any unclean, unsightly,
or unkempt condi tions of bui ldings or grounds on
his lot. All improvements on each lot shall be
kept in good repair, and where necessary, painted
in a regular basis. No portion of the property
shall be used or maintained as a dumping ground for
06-142
02/22/06
rubbish. Outdoor burning of leaves, trash, or
other debris shall not be permitted. All trash,
garbage, and other waste shall be kept in sanitary
containE!rs, which shall be surrounded by a wood or
vinyl screen with such screening to be approved by
the Architectural Board, or otherwise out of sight
from thE! street.
e.
Snow and
required
sidewalks
property.
Ice Removal - Each property owner shall be
to perform snow and ice removal from
that are on/or adjacent to their
f. Residential Use All lots shall be used for
residential purposes exclusively. The use of a
portion of a dwelling on a lot as an office by the
owner or tenants 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 after provided, shall
be erected, altered, placed, or permitted to remain
on any lot other than one (1) detached single
family dwelling and one (1) accessory building
which may include a detached private garage,
provided the USE! of such accessory building does
not overcrowd the side and provided further that
such building is not used for any activity normally
conducted as business. Such accessory building may
not be constructed prior to the construction of the
main building and approved by the Architectural
Board.
The provisions of this paragraph shall not prohibit
the Developer from using a house as a model as
provided in this Declaration.
g. Exterior Structure Completion - The exterior of all
houses and other structures must be completed
within one (1) year after the construction of same
shall have commenced, except where such completion
is impossible or would result in great hardship to
the owner or builder due to the strikes, fires,
national emergency, or natural calami ties. Houses
and other dwelling structures may not be
temporarily or permanently 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 reasonable clean and uncluttered condition.
h. Screened Areas Each builder shall provide a
screened area to serve as a servi ce yard and an
area in which garbage receptacles, fuel tanks,
similar storage receptacles, electric and gas
meters, air concli tioning equipment, clotheslines,
and other unsightly objects much be placed or
stored in order to conceal them from view from the
road and adjacent properties. plans for such
screened area delineating the size, design,
texture, appearance, and location must be in
accordance with the "Design Guidelines Manual" and
approved by the Architectural Board prior to
construction. Garbage receptacles and fuel tanks
06-143
02/22/06
i.
.-
-
may be located outside of such screened area only
if located underground.
Vehicle Storage - No mobile home, trailer, tent,
barn, or other similar out-building or structure
shall be placed on any lot 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
Archi tectural Board such that they are not
generally visible from adjacent properties.
j. Temporary Structures - No structure of a temporary
character 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 the construction of the main
dwelling house, it being clearly understood that
these latter temporary shelters may not at any time
be used as residences or permitted to remain on the
lot after completion of construction. The design
and color of structures temporarily placed on the
lot by a contractor shall be subject to reasonable
aesthetic control by the Architectural Board.
k. Antennas - No television antenna, radio receiver or
sender, or other similar device shall be attached
to or installed on the exterior portion of any
building or structure or any lot, except as
permitted by applicable law and except that should
cable television services be unavailable and good
television reception not be otherwise available, a
lot owner may make written application to the Board
of Directors for permission to install a television
antenna and such permission shall not be
unreasonably withheld.
1.
Further Subdivision - No lot shall be subdivided or
its boundary lines changed. However, the Declarant
hereby expressly reserves to itself, its
successors, or assigns the right to replat any lot
or lots owned by it and shown on the plat of any
subdivision in order to create a modified building
lot or a replatted lot suitable and fit as a
building site including, but not limited to, the
recreational facilities, and other amenities to
conform to the new boundaries of said replatted
lots, provided that no lot originally shown on a
recorded plat is reduced to a size smaller than the
smallest lot shown on the first plat of the
paragraph shall not prohibit the combining of two
(2) or more continuous lots into one (1) larger
lot, only the exterior boundary lines of the
resulting larger lot shall be considered in the
interpretation of these covenants.
m. Animals - Only common household pet animals shall
be permitted. All pet animals must be secured by a
leash or lead, or be under the control of a
responsible person and obedient to that person's
command at any time they are permitted outside a
residence or other enclosed area upon a lot
06-144
02/22/06
approved by the Archi tectural Board for the
maintenance and confinement of pet animals. No
livestock including cattle, horses, sheep, goats,
pigs, or poultry shall be permitted upon any
residential lot. After giving a lot owner written
notice of complaint and reasonable opportuni ty to
remedy the situation, the Board of Directors may
order the removal of any pet, which has been a
nuisance or a danger.
n. Motor Bikes All Terrain Vehicles - No motor bikes,
motorcycles, or all terrain vehicles shall be
driven upon the common area, lots, pathways, or
roads (unless properly 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.
o. Swimming Pools No swimming pool, whether in
ground or above ground, whether permanent or
temporary, shall be installed upon any lot without
the prior written consent of the Architectural
Board. The Architectural Board shall require that
all swirrnning pools be adequately screened.
p. There shall be a minimum distance between dwellings
of nine (9) feet.
q.
Rules and Regulations - 'rhe Board of Directors is
granted and shall have the power to promulgate
rules and regulations, from time to time, governing
the use of and activity upon the Common Area and
the Recreational Facilities (if the Recreational
Facilities are owned or leased by the Association) .
All rull=s and regulations promulgated by the Board
of Directors shall be published and distributed to
each member of the Homeo,^mers Association at least
thirty (30) days prior to their effective date.
"-"'"
r. Enforcement - The Board of Directors reserves the
right to correct any situation, on any lot that
violates the deed restrictions herein. The Board
of Directors shall provide written notice to the
owner in violation a minimum of thirty (30) days
prior to any action to be taken by the Board of
Directors. The Board of Directors shall have the
right to correct the violation and collect
reimbursement from the owner of the lot requiring
action. If payment is not made or arranged for
within thirty (30) days of the Board of Directors'
request ,. the Board of Directors reserves the right
to place a lien on said property or take any
appropriate legal action necessary.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
Mr. Barber then made a motion, seconded by Mrs. Humphrey, for
the Board to approve the request for waiver to street
connectivity requirements in Case 06SNOI10.
Mr. Barber stated he thinks it is important that the Board
not waive street connecti vi ty requirements frivolously, but
06-145
02/22/06
in this case, giving up the Justice Road extension for the
relocation of Winterfield is a more than fair trade.
Mr. King called for a vote on the motion
seconded by Mrs. Humphrey, for the Board
request for waiver to street connectivity
Case 06SN0110.
of Mr. Barber,
to approve the
requirements in
-
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06SNOlll
In Midlothian Magisterial District, JDC TRADD INC. requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential Townhouse (R-TH) with
Condi tional Use Planned Development to permit exceptions to
Ordinance requirements. Residential use of up to 8.0 units
per acre is permitted in a Residential Townhouse (R-TH)
District. The Comprehensive Plan suggests the property is
appropriate for low density residential use of 1.01 to 2.5
units per acre. This request lies on 2.2 acres known as 1400
Winterfield Road. Tax ID 725-710-6268 (Sheet 5).
Mr. Clay presented a summary of Case 06SN0111 and stated the
Planning Commission recommended approval, noting that area
property owners and the Village of Midlothian Volunteer
Coalition supports the request. He further stated staff
recommended denial because the proposed zoning and land uses
do not conform to the Midlothian Area Community Plan.
Mr. Will Shewmake, representing the applicant, stated this is
a companion to Case 06SN0110, indicating that the property is
separated because of title ownership issues that had to be
addressed. He further stated the Transportation Department
has no issues with this request.
Mr. King called for public comment.
Ms. Amy Satterfield, Executive Director of the Village of
Midlothian Volunteer Coalition, stated she supports the
proposed development. She further stated Winterfield Station
residents were upset when they realized Winterfield Road was
being relocated through their neighborhood, but became
comfortable wi th the realignment because of proposed
sidewalks, street trees and streetlights.
Mr. Peppy Jones stated he supports the request.
-
There being no one else to speak to the request, the public
hearing was closed.
Mr. Barber made a motion, seconded by Mrs. Humphrey, for the
Board to approve Case 06SN0111 and accept the proffered
conditions.
Mr. Barber stated staff has rightly recommended denial of the
two companion cases based on the Midlothian Area Community
Plan. He further stated the plan is fairly old and in need
of revision to address current trends in development. He
stated he intends to bring forward a significant contribution
from the Midlothian District Improvement Fund to the Planning
06-146
02/22/06
staff to be used as matching funds for the plan to be updated
sooner than later, and has challenged the Midlothian Village
Volunteer Coali tion to make matching funds available. He
further stated, as other zoning requests arise in the area,
it will be advantageous to have an updated land use plan. He
stated, when the update is completed, the area that is the
subject of the two zoning cases will be included in the area
designated as Midlothian Village.
Mr. King called for a vote on the motion of Mr. Barber,
seconded by Mrs. Humphrey, for the Board to approve Case
06SN0111 and accept the following proffered conditions:
1. Master Plan. The Textual Statement dated January 5,
2006, and the Plan prepared by Balzer and Associates
dated June 27, 2005, and revised October 18, 2005, shall
be considered the Master Plan ("the Plan"). (P)
2. Density. The maximum density of this development shall
not exceed fourteen (14) dwelling units. (P)
3. Foundations. All exposed portions of the foundation and
exposed piers supporting front porches of each dwelling
unit shall be faced with brick or stone veneer. (P)
4.
Vinyl Siding.. Vinyl siding shall be prohibited.
( P)
5. Utilities. Public water and wastewater systems shall be
used. (U)
6. Impacts on Capi tal Facilities. The applicant,
subdivider, or assignee(s) shall pay the following to
the County of Chesterfield, for infrastructure
improvements within the service district for the
property:
A. Prior to the issuance of a building permit for each
dwelling unit, the applicant, subdivider, or
assignee(s) shall pay to the County of Chesterfield
the following amounts for infrastructure
improvement within the service district for the
property:
i. If paYment is made prior to July 1, 2006,
$1~5, 600.00 per dwelling unit. At time of
payment $15,600.00 will be allocated pro-rata
among the facility costs as follows: $602.00
for parks and recreation, $348.00 for library
facili ties, $8,915.. 00 for roads, and $404.00
for fire stations, and $5,331.00 for schools;
or
ii. If paYment is made after June 30, 2006, the
amount approved by the Board of Supervisors
not to exceed $15,600.00 per dwelling unit
pro-rated as set forth in Proffered Condition
6.a.i. above and adjusted upward by any
increase in the Marshall and Swift Building
Cost Index between July 1, 2005, and July 1 of
the fiscal year in which the paYment is made
if paid after June 30, 2006.
iii. Cash proffer paYments shall be spent for the
purposes proffered or as otherwise permitted
by law.
06-147
02/22/06
7. Timbering. 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
permi t has been obtained from the Environmental
Engineering Department and the approved devices
installed. (EE)
-
8. Burning Ban. The developer shall not use burning to
clear or timber the subject properties. (F)
9. Right of Way Dedication. In conjunction with the
recordation of the initial subdivision plat or prior to
any site plan approval, whichever occurs first,
sufficient right of way for Winterfield Road shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County, as determined by the
Transportation Department. Provided, however, the total
aggregate right of way width when combined with any
dedicated right of way required in Case No. 06SN0110
shall not exceed seventy (70) feet. (T)
10. Road Improvements. In conjunction with the initial
development, the developer shall construct the following
improvements. The exact location and design of these
improvements shall be approved by the Transportation
Department. The developer shall dedicate, free and
unrestricted to Chesterfield County, any right-of-way
(or easements) required for these improvements.
a.
Winterfield Road Re-Aligned
Winterfield Road/Roderick Court
existing railroad crossing, as
the Plan,
from the West
intersection to the
generally shown on
b. A cul-de-sac on Winterfield Road at Winterfield
Road Re-Aligned, if approved by VDOT and the
Transportation Department. Unless otherwise
approved by VDOT and the Transportation Department,
the cul-de-sac shall be constructed on the subject
property and/or within available right(s) of way,
c.
Realignment of the existing West Winterfield
Road/Winterfield Road intersection. In the event
the developer is unable to acquire any right-of-way
required for this improvement, the developer may
request, in writing, that the County acquire such
right(s)-of-way as a public road improvement. All
costs associated with the acquisition of the
right (s) -of-way shall be borne by the developer.
In the event the County chooses not to assist the
developer in acquisition of the right (s) -of-way,
the developer shall be relieved of the obligation
to acquire the right (s) -of-way and shall provide
the improvement wi thin available right (s) -of-way,
as determined by the Transportation Department,
~.-
d. Sidewalks having a minimum width of five (5) feet
along both sides of Winterfield Road Re-Aligned
from the southern property line to the West
Winterfield Road/Winterfield Road intersection,
06-148
02/22/06
e. All roads that accommodate general traffic
circulation through the development, as determined
by the Transportation Department, shall be designed
and constructed to VDOT standards and taken into
the State System. (T)
11. Transportation Contribution. If the Applicant provides
road improvements approved by the Transportation
Department (the "Improvements"), other than those road
improvements identified in Proffered Condition 10, then
the cash proffer payment (s) for the road component as
set forth in Proffered Condition 6 shall be reduced so
long as the cost to construct the Improvements is of
equal or greater value than that which would have been
collected through the paYment (s) of the road component
of the cash proffer. For purposes of this section, other
road improvements not identified in Proffered Condition
10, include without limitation, improvements of the
railroad crossing to the south of the subject property.
Once the sum total amount of the cash proffer credit
exceeds the cost of the Improvements, as determined by
the Transportation Department, thereafter the Applicant
shall commence paying the cash proffer as set forth in
Proffered Condition Ei as adjusted for the credit. For
the purposes of this proffer, the costs, as approved by
the Transportation Department, shall include, but not be
limited to, the cost of right-of-way acquisition,
engineering costs, costs of relocating utilities and
actual costs of construction (including labor,
materials, and overhead) ("Work"). Before any Work is
performed, the Applicant shall receive prior written
approval by the Transportation Department for any credit
amount. (T)
--'
12. Restrictive Covenants. The following restrictive
covenants shall be recorded in conjunction with the
recordation of any subdivision plat or prior to any site
plan approval, which ever occurs first:
a. Design Guideline~ - Any areas to be developed with
a neotraditional design as defined in the Textual
Statement shall be developed pursuant to and
consistE:mt with the Residential Design Guidelines
Manual prepared by Looney Ricks Kiss, and referred
to as the "Design Guidelines Manual."
b.
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 the open space, if any,
appurtenant thereto on all property. It shall
prepare and, on behalf of the Board of Directors of
the Homeowners Association (the "Board of
Directors") , shall promulgate application and
review procedures, all as part of the design and
developmental standards. The Architectural Board
shall incorporate the "Design Guidelines Manual",
as described below in its review and approval of
all applications submitted. Copies of the "Design
Guidelines Manual" shall be available from the
Archi tectural Board for rE?view and use by owners,
builders and/or developers. The guidelines and
-..
06-149
02/22/06
-
procedures shall be those of the Association, and
the Architectural Board shall have sole and full
authority to prepare and to amend the standards
available to owners, builders, and developers only
under extreme circumstances or hardships. Such
circumstances or hardships shall be clearly
demonstrated to be considered for amendment. The
Architectural Board shall initially consist of
three (3) members, all appointed by the Declarant.
At such time as one hundred percent (100%) of all
property has been developed, improved, and conveyed
to purchasers in the normal course of development
and sale, the Board of Directors shall appoint all
members of the Architectural Board. At no time
shall the Architectural Board have fewer than three
members nor more than five (5) members. The
declarant may, at his option, delegate to the Board
of Directors its right to appoint one or more
members of the Architectural Board. At all times,
at least one (1) member of the Architectural Board
shall be a member of the Board of Directors, and at
least one (1) member shall be an architect licensed
to practice in the State of Virginia. It is
intended for the Architectural Board to maintain
the character and integrity of the development.
c.
Signs - No signs shall be erected or maintained on
any residential property by anyone including, but
not limited to, the owner, a contractor, or a
subcontractor, except as provided for in the
"Development Guidelines Manual" or except as may be
required by legal proceedings. Residential
property identification and like signs not
exceeding a combined total of more than one (1)
square foot may be erected without the written
permission of the Declarant or the Board of
Directors. Realtor signs "For Sale" may be erected
and are subject to review of the Declarant or
Architectural Board.
d.
Condition of Ground It shall be the
responsibility of each property owner and tenant to
prevent the development of any unclean, unsightly,
or unkempt conditions of buildings or grounds on
his lot. All improvements on each lot shall be
kept in good repair, and where necessary, painted
in a regular basis. No portion of the property
shall be used or maintained as a dumping ground for
rubbish. Outdoor burning of leaves, trash, or
other debris shall not be permitted. All trash,
garbage, and other waste shall be kept in sanitary
containers, which shall be surrounded by a wood or
vinyl screen with such screening to be approved by
the Architectural Board, or otherwise out of sight
from the street.
e.
Snow and
required
sidewalks
property.
Ice Removal - Each property owner shall be
to perform snow and ice removal from
that are on/or adjacent to their
f.
Residential
residential
All lots shall
exclusively.
be
The
Use
purposes
used for
use of a
06-150
02/22/06
g.
portion of a dwelling on a lot as an office by the
owner or tenants 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 after provided.. shall
be erected, altered, placed, or permitted to remain
on any lot other than one (1) detached single
family dwelling and one (1) accessory building
which may include a detached private garage,
provided the use of such accessory building does
not overcrowd the side and provided further that
such building is not used for any activity normally
conducted as business. Such accessory building may
not be constructed prior to the construction of the
main building and approved by the Architectural
Board.
The provisions of this paragraph shall not prohibit
the Developer from using a house as a model as
provided in this Declaration.
Exterior Structure Completion - The exterior of all
houses and other structures must be completed
within one (1) year after the construction of same
shall have commenced, except where such completion
is impossible or would result in great hardship to
the owner or builder due to the strikes, fires,
national emergency, or natural calamities. Houses
and other dwe~lling structures may not be
temporarily or permanently 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 reasonable clean and uncluttered condition.
,_#"
h. Screened Areas Each builder shall provide a
screened area to serve as a service yard and an
area in which garbage receptacles, fuel tanks,
similar storage receptacles, electric and gas
meters, air condi tioning equipment, clotheslines,
and other unsightly objects much be placed or
stored in order to conceal them from view from the
road and adjacent properties. Plans for such
screened area delineating the size, design,
texture, appearance, and location must be in
accordance with the "Design Guidelines Manual" and
approved by the Architectural Board prior to
construction. Garbage receptacles and fuel tanks
may be located outside of such screened area only
if located underground.
1.
Vehicle Storage - No mobile home, trailer, tent,
barn, or other similar out-building or structure
shall be placed on any lot 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 are not
generally visible from adjacent properties.
-"
j . Temporary Structures - No structure of a temporary
character shall be placed upon any lot at any time
06-151
02/22/06
^-
k.
-
-
provided, however, that this prohibition shall not
apply to shelter or temporary structures used by
the contractor during the construction of the main
dwelling house, it being clearly understood that
these latter temporary shelters may not at any time
be used as residences or permitted to remain on the
lot after completion of construction. The design
and color of structures temporarily placed on the
lot by a contractor shall be subject to reasonable
aesthetic control by the Architectural Board.
Antennas - No television antenna, radio receiver or
sender, or other similar device shall be attached
to or installed on the exterior portion of any
building or structure or any lot, except as
permitted by applicable law and except that should
cable television services be unavailable and good
television reception not be otherwise available, a
lot owner may make written application to the Board
of Directors for permission to install a television
antenna and such permission shall not be
unreasonably withheld.
1.
Further Subdivision - No lot shall be subdivided or
its boundary lines changed. However, the Declarant
hereby expressly reserves to itself, its
successors, or assigns the right to replat any lot
or lots owned by it and shown on the plat of any
subdivision in order to create a modified building
lot or a replatted lot suitable and fit as a
building site including, but not limited to, the
recreational facilities, and other amenities to
conform to the new boundaries of said replatted
lots, provided that no lot originally shown on a
recorded plat is reduced to a size smaller than the
smallest lot shown on the first plat of the
paragraph shall not prohibit the combining of two
(2) or more continuous lots into one (1) larger
lot, only the exterior boundary lines of the
resul ting larger lot shall be considered in the
interpretation of these covenants.
m.
Animals - Only common household pet animals shall
be permitted. All pet animals must be secured by a
leash or lead, or be under the control of a
responsible person and obedient to that person's
command at any time they are permitted outside a
residence or other enclosed area upon a lot
approved by the Architectural Board for the
maintenance and confinement of pet animals. No
livestock including cattle, horses, sheep, goats,
pigs, or poultry shall be permitted upon any
residential lot. After giving a lot owner written
notice of complaint and reasonable opportunity to
remedy the situation, the Board of Directors may
order the removal of any pet, which has been a
nuisance or a danger.
n. Motor Bikes All Terrain Vehicles - No motor bikes,
motorcycles, or all terrain vehicles shall be
driven upon the common area, lots, pathways, or
roads (unless properly licensed on roads) with the
exception of licensed vehicles and mopeds which
06-152
02/22/06
shall be operated solely upon the public streets
for direct ingress and egress purposes only.
o. Swimming Pools No swimming pool, whether in
ground or above ground, whether permanent or
temporary, shall be installed upon any lot without
the prior written consent of the Architectural
Board. The Architectural Board shall require that
all swimming pools be adequately screened.
p. Rules and Regulations - The Board of Directors is
granted and shall have the power to promulgate
rules and regulations, from time to time, governing
the use of and acti vi ty upon the Common Area and
the Recreational Facilities (if the Recreational
Facilities are owned or leased by the Association) .
All rules and regulations promulgated by the Board
of Directors shall be published and distributed to
each member of the Homeowners Association at least
thirty (30) days prior to their effective date.
q.
Enforcement - The Board of Directors reserves the
right to correct any situation, on any lot that
violates the deed restrictions herein. The Board
of Directors shall provide written notice to the
owner in violation a minimum of thirty (30) days
prior to any action to be taken by the Board of
Directors. The Board of Directors shall have the
right to correct the violation and collect
reimbursement from the owner of the lot requiring
action. If payment is not made or arranged for
within thirty (30) days of the Board of Directors'
request, the Board of Directors reserves the right
to place a lien on said property or take any
appropriate legal action necessary. (P)
~^
r. Enforcement - The Board of Directors reserves the
right to correct any situation, on any lot that
violates the deed restrictions herein. The Board
of Directors shall provide written notice to the
owner in violation a minimum of thirty (30) days
prior to any act.ion to be taken by the Board of
Directors. The Board of Directors shall have the
right to correct the violation and collect
reimbursement from the owner of the lot requiring
action. If payment is not made or arranged for
within thirty (30) days of the Board of Directors'
request, the Board of Directors reserves the right
to place a lien on said property or take any
appropriate legal action necessary.
13. Open Space. Unless otherwise approved by the Planning
Department, .45 acre of open space adjacent to and along
the western side of Winterfield Road generally across
from the development shall be provided as a focal point
for the development. Part of the focal point area shall
be "hardscaped" and have benches and other amenities
that accommodate and facilitate gatherings. The focal
point shall be developed concurrent with the development
of the subject property. (P)
Ayes: King I ~lJ:iller, Barber, Humphrey and Miller.
Nays: None.
06-:1.53
02/22/06
05SN0193 (Amended)
-
In Matoaca Magisterial District, SBF LLC requests rezoning
and amendment of zoning district map from Agricultural (A)
and Residential (R-40) to Residential (R-25) and relief from
street access requirements plus a Conditional Use to permit
recreational facilities. Residential use of up to 1.74 units
per acre is permitted in a Residential (R-25) District. The
Comprehensive Plan suggests the property is appropriate for
residential use of 2.0 units per acre or less. This request
lies on 61.4 acres fronting approximately 1,950 feet on the
west line of Woolridge Road, also fronting approximately 730
feet on the south line of Crown Point Road and located in the
southwest quadrant of the intersection of these roads. Tax
IDs 717-681-5038 and 6767; 717-682-6832; 718-681-3676; and
718-682-3148 (Sheets 9 and 15) .
Ms. Jane Peterson presented a summary of Case 05SN0193 and
stated the Planning Commission and staff recommended approval
of the rezoning and condi tional use and acceptance of the
proffered conditions. She noted the request conforms to the
Upper Swift Creek Plan. She stated the Planning Commission
recommended approval of the request for relief from street
access requirements and a waiver to street connectivity. She
further stated staff has concerns relative to relief from
street access and connectivity requirements which promote
accessibility.
......'
In response to Mr. Miller's question, Ms. Peterson stated no
additional access would be placed on Crown Point Road if the
proposal included two access points. She further stated if
all 62 lots are allowed to have access to Crown Point Road,
the 1500 vehicle per day limitation would not be exceeded;
therefore, the requested waiver does not meet the cri teria
for approval.
Mr. Andy Scherzer, representing the applicant, stated Crown
Point residents were concerned that connection would result
in cut-through traffic. He further stated the applicant is
allowing one access to Woolridge Road because there is well
over 1,500 feet of road frontage, indicating the
Transportation Department's desire to minimize the number of
accesses along Woolridge Road. He stated, at some point,
adjacent property will be developed providing a second access
for the proposed development. He further stated the density
has been reduced to 59 dwelling units, resulting in only nine
units in excess of the requirement for a second access. He
stated the Planning Commission recommended approval and
requested the Board's support.
Mr. King called for public comment.
-
No one came forward to speak to the request.
In response to Mrs. Humphrey's question, Mr. Scherzer stated
the applicant has agreed to provide the transportation
portion of the cash proffer prior to the first building
permi t being issued. He further stated the developer is
planning to provide construction along Woolridge Road or in
whatever area Transportation staff directs, to the limits of
the cash contribution, indicating that he believes the
developer can provide two or three times the amount of road
improvements as the county using the same dollars because the
06-154
02/22/06
private sector is not limited in the procurement process.
He stated the applicant, in addition to the cash proffer, has
also agreed to improve a dangerous curve on Woolridge Road
along the road frontage of the subject property.
Mrs. Humphrey stated
density and the road
applicant.
she appreciates the
improvements being
lowering
offered
of
by
the
the
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
approved Case 05SN0193 and accepted the following proffered
conditions:
1. Public water and wastewater systems shall be used. (U)
2. 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)
3. The tentative subdivision shall be designed to achieve a
.22 phosphorus runoff limitation on-site unless on the
date of submission of the tentative subdivision plan, a
more restrictive standard is required by Ordinance for
on-site runoff limitations, in which case the tentative
subdivision shall be designed to meet the more
restrictive standard. (EE)
4. A maximum of fifty nine (59) additional dwelling units
for a cumulative total of sixty.- two (62) dwelling units
shall be permitted on the property. (P)
5. The minimum gross floor area for each new dwelling unit
shall be 2500 square feet. (P)
6. All exposed portions of t.he foundation of each new
dwelling unit shall be faced with brick or st.one veneer.
Exposed piers supporting front: porches shall be faced
with brick or stone veneer. (BI & P)
7. Manufactured homes shall not be permitted. (P)
8. Only one lot shall be permitted access to Crown Point
Road. Such lot shall have a minimum lot area of 88,807
square feet. (P)
9. A tree preservation area, cont.aining a minimum width of
thirty (30) feet, shall be maintained along the south
side of the ultimate right of way of Crown Point Road,
extending a minimum of 200 feet west of the ultimate
right of way of Woolridge Road. Within this area, any
heal thy trees that are six (6) inches in caliper or
greater shall be retained. As an alternative to this
tree preservation, this area shall be landscaped in
compliance with the Zoning Ordinance requirements for
fifty (50) foot buffers. At the time of subdivision
plan review, a landscape plan shall be submitted for
review and approval by the Planning Department
demonstrating compliance with this condition. (P)
06-155
02/22/06
~
10. Prior to tentative subdivision approval, the developer
shall submit certification to the Planning Department
that the adjacent landowners have been notified in
writing of the submission of the tentative plan to the
County for review and approval. The tentative
subdivision application shall not be considered complete
until such certification has been submitted to the
Planning Department. The fifteen (15) day period for
appeals to the Planning Commission shall not commence
until such certification has been provided. (P)
11. Impacts on Capital Facilities. In addition to the
Transportation Contribution described in Proffered
Condition 12, the applicant, subdivider, or assignee(s)
shall pay the following to the County of Chesterfield,
for infrastructure improvements within the service
district for the property:
A. If payment is made prior to July 1, 2006, $6,685.00
per dwelling unit. At time of payment $6,685.00
will be allocated pro-rata among the facility costs
as follows: $602.00 for parks and recreation,
$348.00 for library facilities, $5,331.00 for
schools, and $404.00 for fire stations; or
B.
If paYment is made after June 30, 2006, the amount
approved by the Board of Supervisors not to exceed
$6,685.00 per dwelling unit pro-rated as set forth
in Proffered Condition 11.A. above and adjusted
upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 2005, and July
1 of the fiscal year in which the payment is made.
-
C.
Cash proffer paYments
purposes proffered or
law.
shall be spent for the
as otherwise permitted by
D. Should any impact fees be imposed by the County of
Chesterfield at any time during the life of the
development that are applicable to the property,
the amount paid in cash proffers shall be in lieu
of or credited toward, but not be in addition to,
any impact fees, in a manner determined by the
County. (B & M)
12. Transportation Contribution. The applicant, his
successor(s), or assignee(s) (the "Applicant") shall pay
to the County of Chesterfield prior to recordation of
the initial subdivision plat the amount of $525,985.00.
If this amount is paid after June 30, 2006, the amount
paid shall be adjusted upward by any Board of
Supervisors' approved increase in the Marshall and Swift
Building Cost Index between July 1, 2005 and July 1 of
the fiscal year in which the paYment is made. The
paYment shall be used for road improvements in
accordance with the Board's cash proffer policy. The
payment could be used towards road improvements to
Woolridge Road.
If, upon the mutual agreement of the Transportation
Department and the Applicant, the Applicant provides
road improvements (the "Improvements"), other than those
road improvements identified in Proffered Condition 15,
06-156
02/22/06
then the transportation contribution in this Proffered
Condi tion shall be reduced by an amount not to exceed
the cost to construct the Improvements as determined by
the Transportation Department. Thereafter, the Applicant
shall pay the balance of the transportation contribution
as set forth in this Proffered Condition. For the
purposes of this Proffered Condition, the costs, as
approved by the Transporta tion Department, shall
include, but not be limited to, the cost of right-of-way
acquisition, engineering costs, costs of relocating
utilities and actual costs of construction (including
labor, materials, and overhead) ("Work"). Before any
Work is performed, the Applicant shall receive prior
wri tten approval by the Transportation Department for
any credit. (T)
13. Direct access from the property to Woolridge Road shall
be limited to one (1) public road and one (1) private
driveway that serves the parcel identified as Tax ID
717-681-5038. The exact location of the public road
shall be approved by the Transportation Department. (T)
14. In conjunction with recordation of the initial
subdivision plat or within sixty (60) days of a written
request by the Transportation Department, whichever
occurs first, forty-five (45) feet of right-of-way,
measured from a revised centerline of Woolridge Road
based on VDOT Urban Minor Arterial Standards (50 mph) as
approved by the Transportation Department, for the
entire property frontage shaLL be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County" (T)
15. To provide an adequate roadway system, the developer
shall provide the following improvements with initial
development of the property:
,"--",,"
a. Construction of additional pavement along Woolridge
Road at the approved access to provide left and
right turn lanes, if warranted, based on
Transportation Department standards.
b. Widening/improving the north side of Woolridge Road
to an eleven (11) foot wide travel lane, measured
from the existing centerline of the road, with an
additional one (1) foot wide paved shoulder plus a
seven (7) foot wide unpaved shoulder, and
overlaying the full width of the road with one and
a half (1.5) inch of compacted bituminous asphal t
concrete, wi th any modifications approved by the
Transportation Department, for the entire property
frontage.
c.
Reconstruction of the substandard horizontal curve
on Woolridge Road, located towards the southern
part of the property, as a two (2)-lane roadway to
VDOT Urban Minor Arterial Standards (50 mph) with
modifications approved by the Transportation
Department. ']'he exact length of this improvement
shall be approved by the Transportation Department.
---,,""
d. Dedication to and for the benefit of Chesterfield
County, free and unrestricted, of any addi tional
06-157
02/22/06
right-of-way (or easements)
improvements identified above.
required
(T)
for
the
16. Construction traffic for the initial development shall
be prohibited on Crown Point Road. (P)
-
17. Recreational facili ties shall be limited to a walking
path, picnic shelter/gazebo and an observation dock.
This provision shall not preclude walking paths and/or
sidewalks throughout the development. (P)
18.
The recreational facilities shall
surrounding residential community.
primarily
( P)
serve
the
19.
The location of the recreational facilities shall
identified on the record plat. (P)
The recreational facilities shall only be permitted
conjunction with subdivision development on
property. ( P)
be
20.
in
the
21. The following shall be recorded as deed restrictions in
conjunction with the recordation of any subdivision
plat:
A. No lot shall be used except for residential
purposes. No business uses (profi t or non-profit)
including home occupations shall be conducted on
the premises. Home occupations may be permitted if
approved by the Homeowners' Association.
-
B.
No improvements including, without limitation, a
dwelling, accessory structure, or addition such as
a carport, driveway, porch, sidewalk, roof, lamp
post, fence, garage, or other outbuildings,
landscaping, or, to the extent permitted by law,
antenna, or similar device, or change in the
exterior color or siding material shall be made,
erected, altered, or replaced unless two sets of
detailed plans and specifications, including a site
plan locating all such improvements and describing
exterior finishes (material and color, including
roof) have first been submitted to and approved by
Declarant in writing.
C. Declarant reserves unto itself the right and
privilege to install gas lines, water lines, sewer
lines, storm sewers, electric lines, telephone and
telegraph poles, lines and wires, and other
utilities and appurtenances in the street and roads
of the Subdivision and along the property lines of
the Lots, and to grant to other persons, companies,
or corporations any or all of such rights and
privileges, but the reservation of such rights
shall not relieve any grantee form the obligation
to pay the usual and customary charges made with
respect to his Lot for the installation and/or
connection of utilities.
D. In considering requests for approval of fences and
hedges, the following general guidelines will be
applied:
06-158
02/22/06
1. No fence shall be permitted in the front yard
of any Lot (between the building setback line
and street line).
2. No fence or hedge shall generally be permitted
higher than 42 inches of any Lot.
3. No chain link fences or fences of other
materials similar in nature or appearance will
be permitted on any Lot.
E. Declarant may in its absolute discretion waive or
modify these guidelines and consider such other
criteria as it shall deem appropriate.
F. No sign of any kind shall be displayed to public
view on any Lot, unless first approved in writing
by Declarant, except on sign of not more than four
(4) square feet advertising the property for sale
or rent, or signs used by a the initial
construction and sales period.
G. No use shall be made of any Lot, or any part
thereof which constitutes a nuisance or which would
adversely affect the value or marketability of
other Lots, No stables, swine. sheep, cows, or the
like shall be permitted on any Lot. All trash,
garbage and/or rubbish shall be kept in sani tary
containers located so as not to be visible from a
public street except as necessary for limited times
in connection with pickup and removal by disposal
services and except during periods of construction.
'.-".
H. No driveway, entranceway, or sidewalk shall be
constructed on any Lot unless approved as provided
in paragraph 2.
I.
No swimming
street line
dwelling.
pool
than
shall be
the rear
located nearer
building line
to
of
any
the
J. No structure of a temporary character or any
trailer, tent, barn, or other outbuildings shall be
used on any Lot at any time as a residence, either
temporarily or permanently.
K.
No trees over six (6)
removed from any Lot
approval of Declarant.
inches in diameter shall be
without the prior written
L. No portable air conditioner units will be place in
any window of a dwelling or other building if
visible from a public street.
M. Except as otherwise provided by applicable law, no
exterior television antenna (including "dish" type)
or other antennas shall be permitted to extend over
five (5) feet above the roofline of any building.
N.
No motor
any Lot
license,
license,
vehicle will be parked on or adjacent to
which does not have a current state
state inspection sticker, and county
and no commercial vehicle, such as a
06-1.59
02/22/06
school bus, delivery truck, or other large vehicle
or equipment will be parked on a street in the
subdivision or on any Lot. No recreational vehicle
(mobile home, camping trailer, and other similar
vehicles) shall be parked on a street in the
Subdivision or on a Lot except in a driveway shown
on plans that have been approved as provided in
Paragraph 2.
O. Anyone or more of the covenants or restrictions
imposed by paragraphs I through 14 above may be
waived or modified, in whole or in part, as to the
entire Subdivision or any part thereof, by written
instrument signed by Declarant and recorded where
these restrictions are recorded.
P. In addition to the foregoing conditions and
restrictions, the Lots shall be subj ect to
easements for drainage and utilities, including
power and telephone lines, as shown on the plat,
and any other easements of record at the time of
conveyance of any Lot.
Q. Invalidation of anyone of the provisions of these
restrictions by judgment, court order, or otherwise
shall in no way affect any of the other provisions
which shall remain in full force and effect.
R.
Declarant reserves the right to assign and transfer
to any person, persons, or entity some or all of
its rights provided herein and in such event such
transferee shall have and may exercise all such
rights to the same extent as if he, they, or it
were the Declarant.
-
S. Declarant shall have the full right and privilege
to enforce all restrictions and conditions
contained herein by appropriate proceeding at law
for damages and/or in equity for appropriate
injunctive relief and restraining orders to prevent
violations, or to require violations to be
corrected, together with damages sustained
including, without limitation, attorneys' fees and
costs. In addition, any Owner shall have, after
seventy-five percent (75%) or more of the Lots have
been conveyed to purchasers other than bui lders,
the right to enforce compliance wi th these
restrictions as provided in this paragraph.
T. These restrictions shall run with the land and be
binding upon any and all succeeding owners, their
personal representatives, estates, heirs, devisees,
assigns, or successors in interest or any other
partied having or taking an interest in or to the
Property, or any part thereof, and shall
automatically be extended for successive periods of
ten (10) years unless otherwise provided in a
written instrument executed by the owners of a
majority of the Lots in the Subdivision unless a
release, waiver, or breach of anyone or more of
the restrictions contained herein or any part
thereof is required or agreed to by a court or
06-160
02/22/06
governmental authority having jurisdiction over the
Property.
U. Declarant, as owner of all of the Property
subjected to the Declaration, shall, at such time
as it deems appropriate, cause to be incorporated
under the laws of the Commonweal th of Virginia a
non profit corporation to be named "(Subdivision
Name Here) HomE~owner' s Association" or a similar
name (the "Association").
1.
All Owners shall be members ("Members") of the
Association and shall be entitled to one (1)
vote, per each Lot owned by them (provided,
however, that if a Lot is owned by more than
one owner, the owners of such Lot shall be
enti tIed to only one vote between them), on
all matter::; which are required to be decided
by a vote of the Members of the Associat.ion.
2. The Members shall annu.ally elect a five (5)
member board of directors (the "Board of
Directors") which shall be responsible for
operating the Association, provided, however,
that until such time as eighty-five percent
(85%) of the Lots are owned by persons other
than builders of the Declarant, the Board of
Directors shall consist of five (5) directors
all of whom shall be selected by the
Declarant.
3.
Each year the Board of Directors shall prepare
an annual budget (the "Budget") containing an
itemization of the expenses, which it
anticipates, the Association will incur during
the upcoming year to fulfill its
responsibili ties hereunder. The Budget shall
be sent to each owner together with a notice
of assessment (the "Annual Assessment") for
the owner's pro rata share of the budget,
which shall be computed by dividing the total
Budget by the number of Lots. Upon receipt of
the Annual Assessment, each Owner shall be
required to make payment of the same in the
manner designated by t.he Board of Directors.
4.
In addition to any Annual Assessments, the
Association may levy in any assessment year a
special assessment (the "Special Assessment")
applicable to that year only for the purpose
of defraying in whole or in part the cost of
any reconstruction.. unexpected repair, or
replacement of a capi tal improvement,
including the necessary fixtures and personal
property related thereto, provided that any
such Special Assessment shall have the consent
of the OwnE~rs of two--t.hirds (2/3) of the lots.
5. Any Annual Assessment of Special Assessment
(the "Assessments") which is not paid by an
Owner within such time as shall be determined
by the Board of Directors shall bear interest
at a rate per annum determined by the Board of
06-161
02/22/06
--'
-,'
.-'
,-
Directors from such date until paid and shall
constitute a lien upon the Lot owned by such
Member. Such lien shall have priority over all
other liens including, without limitation,
mortgages, deeds of trust, or any other lien
hereafter placed upon any Lot, except a first
mortgage of deed of trust securing a loan by a
bona fide institutional lender to which such
lien shall be subordinate. No Owner may waive
or escape liability for the assessments
hereunder for any reason. No sale or other
transfer shall relieve any owner from
liability for any Assessments due nor any Lot
from the lien of any Assessments. The amount
of any such lien may be enforced by suitor
otherwise at the election of the Association
and the Owner shall be required to reimburse
the Association for all attorneys I fees and
expenses incurred in so doing, the amount of
which shall also constitute a lien on the Lot
as herein provided. Notwithstanding the above,
a party who acquires title to a Lot by virtue
of the foreclosure of lien secured by a first
mortgage of deed of trust to which this lien
is subordinate or by a deed or assignment in
lieu of foreclosure any liability of lien
chargeable to such Lot on account of any
period of time prior to such acquisition of
title. Said acquiring party shall, however, be
bound by the provisions of this Declaration
including, without limitation, Assessments
effective after said acquisition of title.
.-
v.
The Declarant hereby reserves the right, at
Declarant's sole discretion, to add the Additional
Land to the property subject to the Declaration of
Protective Covenants.
w.
All private driveways serving each new dwelling
unit shall be hardscaped. The exact treatment
shall be approved at the time of plan review.
X. All new garages shall be rear or side loaded. (P)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
Mrs. Humphrey then made a motion, seconded by Mr. Barber, for
the Board to approve the request for relief from street
access requirements for Case 05SN0193.
-
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
Mrs. Humphrey made a third motion, seconded by Mr.
for the Board to approve the request to waive
connectivity requirements for Case 05SN0193.
Miller,
street
Mr. Miller expressed concerns that the Board is waiving
street connectivity requirements in many cases, and he hopes
the Board is not just honoring neighborhood requests and
ignoring the street connectivity policy. He stated the Board
may want to revisit the connectivity policy at some point.
06-162
02/22/06
Mr. Barber also expressed concerns regarding the waiver of
the street connectivity requirements, indicating that there
must be a good reason for waiving connecti vi ty requirements.
He stated, he too, believes the connectivity policy should be
reviewed in the near futUJce.
Mrs. Humphrey
alternatives
requirements.
noted the last
for granting
two cases
a waiver
have
to
off en:!d good
connectivity
Mr. King called for a vote on the motion of Mrs. Humphrey,
seconded by Mr. Miller, for the Board to approve the request
to waive street connectivity requirements for Case 05SN0193.
--'
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
05SN0199
In Clover Hill Magisterial District, ,JACQUELINE AND ROBERT C.
HARGRAVE request rezoning and amendment of zoning district
map from Agricultural (A) to Residential (R-15) plus relief
from street access 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 low density residential use of 1.5 units per
acre or less. This request lies on 36.9 acres fronting
approximately sixty (60) feet on the west line of Courthouse
Road approximately 560 feet north of Smoketree Drive, also
fronting approximately 580 feet on the south line of Berrand
Road approximately 1,225 feet west of Courthouse Road. Tax
IDs 742-702-7055; 743-701-Part of 7043; 743-702-1454 and
1916; and 744-701-1388 (Sheet 6).
,..-.....".'"
Ms. Peterson presented a summary of Case 05SN0199 and stated
the Planning Commission and staff recommended approval of the
rezoning request and acceptance of the proffered conditions.
She noted the proposal complies with the Powhite-Route 288
Development Area Plan. She stated the Planning Commission
recommended approval of requests for relief from street
access requirements and the waiver to street connectivity
requirements. She stated staff has concerns relative to
relief from street access and connectivity requirements,
which promote accessibility.
Mr. Andy Scherzer, representing the applicant, stated the
applicant is proposing to provide emergency access to Berrand
Road, which is not constructed to today's standards,
indicating the Transportation Department to does not support
a public road connection unless Be:n:and Road is improved to
current state standards. He further stated, if the funding
becomes available to improve Be:rrand Road, the connection
could be made at a later date. He stated this development
will provide additional access to the adjacent church parking
lot. He further stated the applicant has proffered to
provide the transportation cash proffer prior to issuance of
any building permits and/or construction to ameliorate the
traffic impact on Courthouse Road in the vicinity of the
proposed development. He noted the applicant will be
extending a turn lane, which will provide a safe route to
06-163
02/22/06
turn into the proposed development, as well as a cross access
easement.
In response to Mr. Barber's question, Mr. Scherzer stated the
stub road to Berrand is being gated to provide a second
access for the 51st lot, which is intend~d for sale to the
church. He further stated staff has requested that the
applicant provide the gate until Berrand Road is improved.
'....
Mr. King called for public comment.
Mr. Richard Beaulieu, a resident of Courthouse Road,
expressed concerns that additional pavement on Courthouse
Road will place his home approximately 27 feet from the road.
He further stated he was under the assumption when Courthouse
Road was widened and the right of way acquired that the
excess right of way would be used for sidewalks and
utilities, not additional roadway. He inquired why the
revision of the land use plan for Courthouse Road has been
delayed for so long, indicating that his property value is
worthless as long as it is zoned for residential development.
Mr. McCracken stated the new right turn lane along Courthouse
Road is required for the proposed development. He further
stated there are no plans for sidewalks along Courthouse Road
at this time.
Mr. Warren suggested that Mr. Beaulieu be involved in the
process for revising the Courthouse Road Plan.
-
Mr. Beaulieu stated residents of the proposed development
will join in the neighboring subdivisions' struggle to keep
Courthouse Road from being zoned commercial. He further
stated, although he understands the need for a fire station
in the area, he is constantly disturbed by vehicle lights as
they exit the fire station parking lot. He requested that
the Board think about his situation and move forward with
commercial zoning for Courthouse Road, so that he can sell
his property.
In response to Mr. Barber's question, Mr. Turner stated staff
has made draft recommendations for the Courthouse Road plan
amendment and it is scheduled for a work session on the
Planning Commission's March agenda. He further stated, once
the Planning Commission is satisfied with staff's
recommendations, the Planning Commission will hold public
meetings and then bring the amendments forward for a public
hearing.
.-
Ms. Andrea Epps stated she hopes school buses will be able to
turn around on the dead end roads in the proposed
development.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Warren stated he feels the case has merit, and a lot of
work has occurred between the applicant, the neighborhood and
the church. He further stated Mr. Beaulieu's issues will be
considered through the Courthouse Road Plan amendments.
Mr. McCracken stated the streets in the proposed development
will be designed to Virginia Department of Transportation
06-164
02/22/06
standards and he does not anticipate any unusual issues for
school buses.
On motion of Mr. Warren, seconded by Mr. King, the Board
approved Case 05SN0199 and accepted the following proffered
conditions:
1. Public water and wastewater systems shall be used. (U)
2.
The applicant, subdivider, or assignee(s) shall pay
following, for infrastructure improvements wi thin
service district for the property:
the
the
A. Prior to the issuance of a building permit for each
dwelling unit the applicant, subdivider, or
assignee(s) shall pay to the County of Chesterfield
the following amounts for infrastructure improvement
within the service district for the property:
i. $15,600.00 per dwellin9 unit, if paid prior to
July 1, 2006. At time of paYment the
$15,600.00 will be allocated pro-rata among the
facility costs as follows: $8,915.00 for roads,
$602.00 for parks and recreation, $348.00 for
library facilities, $5 r 331. 00 for schools, and
$404.00 for fire stations; or
ii. The amount approved by the Board of
Supervisors not to exceed $15,600.00 per
dwelling unit pro-.rated as set forth in
Proffered Condition 2.A.i. above adjusted
upward by any increase in the Marshall and
Swift building cost index between July 1, 2005
and July 1 of the fiscal year in which the
paYment is made if paid after June 30, 2006.
B. At the option of the Transportation Department the
roads portion of the cash proffer payment may be
reduced for road improvements to Courthouse Road by
an amount not to exceed the amount that would be
paid in cash proffers for the road component as
identified in Proffered Conditions 2.A. above,
exclusive of those road improvements identified in
Proffered Condition 13, performed by the applicant,
subdi vider, or assignee (s), as determined by the
Transportation Department" For the purposes of
this proffer, the costs, as approved by the
Transportation Department, shall include, but not
be limited to, the cost of right-of-way
acquisition, engineering costs, costs of relocating
utilities and actual costs of construction
(including labor, materials, and overhead)
("Work") . Before any Work is performed, the
Applicant shall receive prior written approval by
the Transportation Department for any credit
amount.
C.
Cash proffer paYments
purposes proffered or
law.
shall be spent for
as otherwise permitted
the
by
D. Should any impact fees be imposed by the County of
Chesterfield at any time during the life of the
development that are applicable to the property,
the amount paid in cash proffers shall be in lieu
06-165
02/22/06
of or credited toward, but not be in addition to,
any impact fees, in a manner determined by the
County. (B & M)
3. A maximum of fifty (50) additional dwelling units for a
cumulative total of fifty one (51) dwelling units shall
be permitted on the property. (P)
,......
4.
Manufactured homes shall not be permitted. (P)
5. The minimum gross floor area for each dwelling unit
shall be 2,500 square feet, except that two dwelling
units shall be permitted to have a minimum of 2,300
square feet. Except for one (1) dwelling unit, all
dwelling units immediately adjacent to Tax ID 742-702-
3633 and 742-702-1760 shall have a minimum of 3,000
square feet. (P)
6. Except where buffers are required by Subdivision
Ordinance Section 17-70, a fifteen (15) foot tree
preservation strip, exclusive of required yards, shall
be maintained along the boundary of the subject property
adjacent to Tax ID's 742-702-3633, 742-702-1760, 743-
702-9162, 744-702-0933 and 5914, Berrand Road and Ashley
Woods East and Finchley Subdivisions. Utility easements
shall be permitted to cross this strip in a
perpendicular fashion. Any healthy trees that are eight
(8) inches in caliper or greater shall be retained
within this tree preservation strip except where removal
is necessary to accommodate the improvements permi tted
by the preceding sentence. This condi tion shall not
preclude the removal of vegetation from the tree
preservation strip that is unhealthy, dying or diseased.
Any open areas of 100 square feet or greater shall
either be supplemented with plantings in accordance with
Sections 19-518 (b) & (g) (9) of the Ordinance or shall
be furnished with a minimum six (6) foot high privacy
fence. A plan depicting this planting/fencing
requirement shall be reviewed and approved by the
Planning Department at time of Tentative Subdivision
plan review. (P)
7. All exposed portions of the foundation of each new
dwelling unit shall be faced with brick or stone veneer.
Exposed piers supporting front porches shall be faced
with brick or stone veneer. (BI & P)
8.
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)
-
9. Double siltation fencing shall be provided along the
western property edge to provide additional protection
for the existing pond on Tax ID 742-702-3633 & 742-701-
3196. Location of such fencing shall be determined and
approved at time of subdivision construction plan
review. (EE)
10. Direct access from the property to Courthouse Road shall
be limited to one (1) public road. The exact location of
06-166
02/22/06
this access
Department.
shall
(T)
be
approved
by
the
Transportation
11. A private ingress and egress easement shall be provided
from the proposed Subdivision Street to Tax ID 744-702-
5914. The exact location of this easement shall be
determined and approved at time of tentative subdivision
approval. (T)
12. In conjunction with recordation of the initial
subdivision plat, forty-five (45) feet of right.-of-way
along the west side of Courthouse Road measured from the
centerline of that part of the roadway immediately
adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
,-""
13. To provide an adequate roadway system, the developer
shall be responsible for the following improvements:
A. Construction of addi tional pavement along
Courthouse Road at the approved access to provide a
right turn lane, if warranted, based on
Transportation Department standards.
B.
Dedication to and for the benefit of Chesterfield
County, free and unrestrict.ed, of any addi tional
right-of-way (or easements) required for the
improvements identified above. In the event the
developer is unable to acquire any "off-site"
right-of-way that is necessary for any improvement
described in Proffered Condition 13.A. or 2.8., the
developer may rE~quest, in wri ting, that the County
acquire such right-of-way as a public road
improvement. All costs associated with the
acquisition of the right-of-way shall be borne by
the developer. In the event the County chooses not
to assist the developer in acquisition of the "off-
site" right-of-way, the developer shall be relieved
of the obligation to acquire the "off-site" right-
of-way and shall provide the road improvements
within availablE! right-of-way as determined by the
Transportation Department. (T)
.-"
14. Prior to any construction plan approval, a phasing plan
for the required road improvements, as identified in
Proffered Condition 13, shall be submitted to and
approved by the Transportation Department. (T)
15. Any public right of way that extends to the southern
boundary of existing Berrand Road shall be constructed
to accommodate access in case of emergency and shall be
gated to preclude i t.s use other than during emergency
situations. The exact design, location and maintenance
provisions of this access shall be reviewed and approved
by the Fire Department at t.he time of tentative
subdivision plan review. (F)
16. All private driveways shall be hardscaped. The exact
treatment shall be approved at the time of plan review.
(P)
06-167
02/22/06
17. Concentrated drainage and/or drainage from the
impervious surfaces of roofs and driveways on lots
abutting Tax ID's 742-702-3633, 742-702-1760 shall
outfall into a swale or drainage system provided for the
purpose of directing this drainage away from the pond
located on Tax ID 742-702-3196. (EE)
-
18. There shall be no direct vehicular access from the
property to Old Lewiston Road. (T)
19. It shall be noted on the record plat for any subdivision
section recorded on the subject property that there
shall be no explicit rights or access to the pond
located on Tax ID 742-701-3196 given to the lots
recorded therein. (P)
20. Post development drainage shall be designed such that
drainage that is directed to the swale located in the
rear yards of lots located in Ashley Woods East and
Finchley Subdivisions shall be required to have the
post-development runoff rate be equal to or less than
the pre-development runoff rate and shall be achieved
through means other than a SWM/BMP. (EE)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
Mr. Warren then made a motion, seconded by Mr.
the Board to approve the request for relief
access requirements for Case 05SN0199.
Barber, for
from street
-
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
Mr. Warren made a third motion, seconded by Mrs. Humphrey,
for the Board to approve the waiver for street connectivity
requirements for Case 05SN0199.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
05SN0284
-
In Matoaca Magisterial District, CHESDIN DEVELOPMENT COMPANY
requests rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-88) with Conditional Use
Planned Development to permit exceptions to Ordinance
requirements. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
residential use of 1-5 acre lots, suited to R-88 zoning.
This request lies on 1,290.8 acres fronting the south side of
River Road southeast of Graves Road, also fronting on the
west line of Le Master Road south of River Road. Tax IDs
750-614-4898; 750-616-7388; 750-619-3142; 751-614-Part of
7777; 751-616-1374 and 8457; 752-619-4676; 753-615-Part of
4357; 753-617-1436; 754-618-8390; 754-619-2731, 4817 and
7610; 757-611-9582; 755-612-7662; and 757-615-1498 (Sheets
39, 40, 43 and 44) .
Ms. DarIa Orr presented a summary of Case 05SN0284 and stated
the Planning Commission recommended approval and acceptance
06-168
02/22/06
of the proffered condition.s, indicating that more open space
will be provided by allowing the smaller lots in the
development; the road improvements necessary in the area will
be provided; and it would be appropriate to include access to
Le Master Road. She further stated staff recommended denial
of the rezoning request because it fails to comply with the
Southern and Western Area Plan; the majority of the open
space being provided is already protected by the Chesapeake
Bay Preservation Act; there are no guarantees with the
proposed one-acre lots that the ultimate development will not
be the same as any traditional larger lot subdivision in
other areas of the county; the commercial uses do not meet
the location criteria of the ?lan; and maintaining
connections to the roads would better disburse the traffic
generated by the proposed development.
Ms. Ashley Harwell, representing the applicant, stated the
applicants believe the proposed development is in accordance
with the Southern and Western Area Plan. She further stated
the proposed development will adhere to R-88 standards and be
subject to the Conditional Use Planned Development standards
set forth in the proffered conditions and textual statement.
She stated the proffered conditions will require 200 acres to
be set aside as open space, and the Conditional Use Planned
Development requirements provide for lots under two acres
having that amount of n~duction set aside in open space as
well. She further statE'd the proposed commercial areas are
reasonably close to those areas identified for commercial
development, and residents have indicated it would be nice to
have services closer to their homes. She stated the density
is consistent with the Plan recommendations, and the case
includes the full cash proffer and provided for two lump sum
transportation contributions at different phases of the
development. She further stated an emergency access will be
provided in the development for emergency service access to
Lake Chesdin. She stated three roads currently provide
access to the subject property, and the applicant is
requesting a waiver of the connEctivity requirement for Le
Master Road, indicating that application of the connectivity
policy in this case would not achieve the goals of the
policy. She further stated, because of the way that Graves
and Le Master Roads intersect and then lead out onto River
Road, diverting some traffic from Graves onto Le Master would
just divert it for a very short period of time before being
placed back onto Le Master at an intersection. She stated if
the traffic were divided evenly among the three accesses,
including Le Master Road, more than 4,500 vehicles per day
would travel on Le Master, which is about three times the
maximum number for a road such as this. She noted that both
Graves and Le Master Roads are older roads, not built to
state standards, and are currently used by the homeowners
whose property fronts them. She stated the applicant believes
this combination of factors supports waiver of the
connectivity requirements.
In response to Mrs. Humphrey's questions, Ms. Harwell stated
Graves Road will be rebuilt to some degree and there will be
a 100-foot setback between Graves Road and the proposed
development to provide a more rural setting for the residents
of Graves Road.
Discussion ensued relative to the proposed commercial
development on Tracts A, Band C of the subject property and
06-169
02/22/06
-.-.....'
the open space, which is critical for maintaining the rural
character of the area.
,..........
In response to Mrs. Humphrey's question, Ms. Harwell stated
two areas of the subj ect property are set forth in the
Textual Statement as being developable for stock farms, with
the exception of pigs. She further stated a buffer would be
provided around those tracts to minimize the impact of
residential stock farm uses from the more traditional
residential development.
Mr. King excused himself from the meeting.
Mr. Miller called for public comment.
Mr. Mark Krueger, a resident of Dinwiddie County and a
Chesterfield County employee, expressed concerns relative to
crowded roads that will be developed in the southern portion
of Chesterfield County and residents of the proposed
development who will ignore the buffering requirement so that
they can have a great view of the lake. He further expressed
concerns relative to residents building their lawns right up
to the waterfront, resulting in runoff of unseen pollutants
into Lake Chesdin, which is a source of drinking water. He
stated the lake can only handle a certain number of
recreational vehicles and requested that the Board deny the
request and maintain the two-acre lot requirement.
Mr. King returned to the meeting.
There being no one else to speak to the request, the public
hearing was closed.
Mrs. Humphrey stated the county's plan for managing
phosphorous loading has been a priority. She further stated
Chesterfield represents only about three percent of the
Appomattox River Watershed and suggested that Mr. Krueger
begin dialogs with Dinwiddie County relative to pollutants
running off into Lake Chesdin. She stated the Appomattox
River Water Authority fines homeowners when they cut mature
vegetation along the lake. She further stated the county has
made great strides with crowded roads in the vicinity of the
proposed development, but there is no hope for state funding
to improve some of the roads in Matoaca. She stated large
developments, such as this, will generate revenue to make
improvements to Graves Road, noting that this applicant will
provide $8900 per building permit towards local road
improvements.
In response to Mrs. Humphrey's question, Ms. Harwell stated
the overall density is approximately .45 units per acre, and
the applicant has agreed to place the property adjacent to
the lake in open space as opposed to in lots, indicating this
will help address the issue raised by Mr. Krueger.
Mrs. Humphrey stated the proposal includes a full cash
proffer, approximately two units per acre, limited amount of
commercial space, recreational space, the gift of an
easement, and a requirement that if the lot size is reduced
below two acres, the amount of the reduction provided in open
space. She further stated she appreciates the realignment of
Graves Road and hopes future zoning cases in the Matoaca
District will provide similar guarantees for the community.
06-170
02/22/06
Mrs. Humphrey then made a motion, seconded by Mr. Barber, for
the Board to approve CaSE! 05SN0284 and accept the following
proffered conditions:
The Developer (the "Developer") in this zoning case, pursuant
to S15.2-2298 of the Code of Virginia (1950 as amended) and
the Zoning Ordinance of Chesterfield County, for themselves
and their successors or assigns, proffer that the development
of the Property known as Chesterfield County Tax
Identification Numbers 750-614-4898, 750-616-7388, 750-619-
3142, 751-614-7777, 751-616-1374, 751-616-8457, 752-619-4676,
753-615-4357/ 753-617-1436, 754-618-8390, 754-619-2731, 754-
619-4817, 754-619-7610, 755-612-7662, 757-611-9582, and 757-
615-1498 (the "Property") under consideration will be
developed according to the following conditions if, and only
if, the rezoning request for R-88 '"'lith a conditional use
planned development is granted. In the event the request is
denied or approved wi th condi tions not agreed to by the
Developer, the proffers Clnd condi tions shall immediately be
null and void and of no further force or effect. If the
zoning is granted, these proffers and conditions will
supersede all proffers and condi tions now existing on the
Property.
1.
Master Plan. The Textual Statement
2005, revised through February 16,
considered the Master Plan. (P)
dated April
2006, shall
15,
be
2.
Timbering. Wi th thl~ exception of timbering 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 have been installed. (EE)
>,--,'
3. Density. The maximum number of dwelling units permitted
on the Property shall be 575,. (P)
4. Cash Proffers. In addition to the Transportation
Contribution described in Proffered Condition 12, the
applicant, subdivider, or assignee(s) shall pay the
following to the County of Chesterfield prior to the
issuance of building permits for infrastructure
improvements within the servi.ce district for the
Property:
A. $6,685 per dwelling unit, if paid prior to July 1,
2006. At the time of payment, $6,685 will be
allocated pro-J~ata among the facili ty costs as
follows: $5,331 for schools, $602 for parks, $348
for libraries, and $404 for fire stations; or
B.
The amount approved by the Board of Supervisors not
to exceed $6,685 per dwelling unit pro-rated as set
forth in paragraph A. of this Proffered Condition
adjusted upward by any increase in the Marshall and
Swift Building Cost Index between July 1, 2005 and
July 1 of the fiscal year in which the payment is
made if paid after June 30, 2006.
C. Provided, howe'Ter, that if any bui Iding permi ts
issued on the property are for senior housing, as
06-171
02/22/06
-
defined in the proffer on age-restriction, the
applicant, sub-divider, or assignee(s) shall pay
$1,354 per unit to the County of Chesterfield,
prior to issuance of a building permit, for
infrastructure improvements within the service
district for the Property if paid prior to July 1,
2006. The $1,354 for any units developed shall be
allocated among the facility costs as follows:
$602 for parks, $348 for library facilities, and
$404 for fire stations. Thereafter, such paYment
shall be the amount approved by the Board of
Supervisors not to exceed $1,354 per unit as
adjusted upward by any increase in the Marshall and
Swift Building Cost Index between July 1, 2005 and
July 1 of the fiscal year in which the payment is
made if paid after June 30, 2006. PaYments in
excess of $1,354 shall be pro-rated as set forth
above.
D.
Cash proffer payments shall be spent for the
purposes proffered or as otherwise permitted by
law. Should Chesterfield County impose impact fees
at any time during the life of the development that
are applicable to the Property, the amount paid in
cash proffers shall be in lieu of or credited
toward, but not in addition to, any impact fees, in
a manner as determined by the county. (B&M)
5. Age Restriction.
A. Except as otherwise prohibited by the Virginia Fair
Housing Law, the Federal Fair Housing Act, and such
other applicable federal, state or local legal
requirements, dwelling units designated as age-
restricted shall be restricted to "housing for
older persons," as defined in the Virginia Fair
Housing Law and no persons under 19 years of age
shall reside therein.
B. Any dwelling units designated for senior housing,
as outlined in Proffered Condi tion 5. A., shall be
noted on the subdivision plat. Such dwellings
units shall be grouped together as part of the same
development section(s). (P)
6. Manufactured Homes. Manufactured homes shall not be
permitted on the Property. (P)
7. Dedication. The following rights-of-way on the Property
shall be dedicated, free and unrestricted, to
Chesterfield County in conjunction with recordation of
the initial subdivision plat, prior to any site plan
approval, or upon request by the Transportation
Department, whichever occurs first.
A. Forty-five (45) feet of right-of-way on the south
side of River Road, measured from the centerline of
that part of River Road immediately adjacent to the
Property. (T)
06-172
02/22/06
8. Access.
A. Direct vehicular access from the Property to River
Road shall be limited to three (3) public roads.
The exact location of these accesses shall be
approved by the Transportation Department.
B.
No vehicular access shall be provided from the
Property to LeMaster Road. Direct vehicular access
from the Property to Graves Road shall be limited
to one (1) public road, generally located within
1,000 feet west of the LeMaster Road/Graves Road
intersection. The exact location of this access
shall be approved by the Transportation
Department. II ('r)
,-",'
9. Road Improvements. To provide an adequate roadway
system, the Developer shall be responsible for the
following improvements. If any of the improvements are
provided by others, or if they are determined
unnecessary by the Transportation Department, then the
specific required improvement shall no longer be
required by the Developer.
A. Construction of left and right turn lanes along
River Road at each approved access and at the
Graves Road intersection, if warranted, based on
Transportation Department standards.
B.
Widening/improving the south side of River Road to
an eleven (11) foot wide travel lane, measured from
the centerline of River Road, with an additional
one (1) foot wide paved shoulder plus a seven (7)
foot wide unpaved shoulder, and overlaying the full
width of the road with one and one half (1.5)
inches of compacted bituminous asphalt concrete,
with modifications approved by the Transportation
Department, for the entire Property frontage.
-...-,,,,
C. Reconstructing Graves Road to twenty-four (24) foot
wide pavement with seven (7) foot wide unpaved
shoulders on each side of the roadway, with
modifications approved by the Transportation
Department, from River Road to the access into the
Property, located west of the LeMaster Road
intersection. The exact length of this improvement
shall be approved by the Transportation Department.
D. Provide adequate sight distance, as determined by
the Transportation Department, along River Road at
the Graves Road intersection.
E. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. In the event the Developer is unable to
acquire any "off-site" right-of-way that is
necessary for the road improvements described in
Proffered Condition 9, the Developer may request,
in writing, that the County acquire such right-of-
way as a public road improvement. All costs
associated wi th the acquisi tion of the right.-of-way
shall be borne by the Developer. In the event the
06-1.73
02/22/06
County chooses not to assist the Developer in
acquisition of the "off-site" right-of-way, the
Developer shall be relieved of the obligation to
acquire the "off-site" right-of-way and shall
provide the road improvements within available
right-of-way as determined by the Transportation
Department.
-
F.
Prior to any construction plan approval or site
plan approval, whichever occurs first, a phasing
plan for the required road improvements, as
identified in Proffered Condition 9, shall be
submitted to and approved by the Transportation
Department. (T)
10. Chesterfield County Fire and EMS Department Access to
Lake Chesdin ("Emergency Services"). Boat access for
Emergency Services to Lake Chesdin shall be provided by
the Developer. The location and timing of the
installation of the boat access for Emergency Services
to lake Chesdin from the Property shall be determined at
the time of conceptual subdivision review. Nothing
shall preclude this access point from being at a
location used for recreational access. (F)
-
11. Common Open Space. A minimum of two hundred (200) acres
of the gross acreage of the Property shall be provided
as Common Open Space. This open space shall include the
Resource Protection Area (RPA) parallel to the main body
of Lake Chesdin. Trails, lake access, passive
recreation, and similar improvements may be constructed
in the Common Open Space in accordance with the
Chesapeake Bay Protection Act. (P)
12. Transportation Contribution. The applicant, his
successor(s), or assignee(s) (the "Applicant") shall pay
the following to the County of Chesterfield:
A. Prior to recordation of the initial subdivision
plat on the Property, the amount of $1,007,395.
B. Prior to the recordation of a cumulative total of
more than 113 lots on the Property, the amount of
$1,007,395.
C. Prior to issuance of each building permit on lots
other than the 226 initially recorded lots on the
Property, the amount of $8,915 per dwelling unit.
The initial 226 recorded lots referred to in this
Proffer Condition shall be identified on the final
check and recorded plats.
-
D. If the amounts above are paid after June 30, 2006,
then each amount paid shall be adjusted upward by
any Board of Supervisors' approved increase in the
Marshall and Swift Building Cost Index between July
1, 2005 and July 1 of the fiscal year in which the
paYment is made. The paYments shall be used for
road improvements in accordance with the Board's
cash proffer policy. These payments could be used
towards road improvements at the intersection of
Nash Road and River Road.
06-174
02/22/06
E.
If, upon the mutual agreement of the Transportation
Department and the Applicant, the Applicant
provides road improvement.s (the "Improvements"),
ot.her than those road improvements identified in
Proffered Condition 9, then the transportation
contribution in this Proffered Condition shall be
reduced by an amount not to exceed the cost to
construct the Improvements as determined by the
Transportation Department. Thereafter, the
Applicant shall pay the balance of the
transportation contribution as set forth in this
Proffered Condition. For the purposes of this
Proffered Condition, the costs, as approved by the
Transportation Department I shall include, but not
be limited to, the cost of right-of-way
acquisition, engineering costs, costs of relocating
utilities and actual costs of construction
(including labor, ma.terials, and overhead)
("Work") . BE~fore any Work is performed, the
Applicant shall receive prior written approval by
the Transportation Department for any credi t. (T I
B&M)
.~.,..,.~.
13. Restrictive Covenants. The following restrictive
covenants shall be recorded prior to, or in conjunction
with, the recordation of any subdivision plat:
A. Motorized water craft access to Lake Chesdin from
the Property shall be subject to the following
restrictions:
(i) Access points shall be owned, operated, and
maintained by a homeowner's association and be
subject to restrictive covenants.
(ii) Motorized watercraft access shall be
restricted to owners of homes within the
Property, and not open to the general public.
(iii) To safeguard the water quality of Lake Chesdin
as a drinking water source, access to the lake
by gasoline powered craft shall be limited to
those employing a 4-stroke engine(s) or a
Direct Fuel Inject.ed 2-stroke engine (s) .
Traditional carbureted or electronic fuel
injected 2-stroke engines shall be prohibited.
All gasoline powered craft shall be registered
with the Developer or a homeowners association
as the case may be.
B. Facilities for the sale of gasoline at any access
point on Lake Chesdin shall be prohibited on the
Property. ( P)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
",--"",.'
Mrs. Humphrey then made a motion, seconded by Mr. Barber, for
the Board to approve the re~lest for waiver to street
connectivity requirements in Case 05SN0284.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06-175
02/22/06
Mr. Miller and Mr. Warren excused themselves from the
meeting.
06SN0165
In Midlothian Magisterial District, H. H. HUNT CORPORATION
requests amendment to Conditional Use Planned Development
(Case 05SN0243) and amendment of zoning district map relative
to development standards. The density of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for low density residential use of 1.01 to 2.0 units per
acre. This request lies in a Residential (R-9) District on
5.6 acres fronting approximately 600 feet on the north line
of North Woolridge Road approximately 1,600 feet west of
Charter Colony Parkway. Tax ID 723-705-Part of 8818 (Sheet
5) .
Mr. Clay presented a summary of Case 06SN0165 and stated the
Planning Commission recommended approval and acceptance of
the proffered condition, indicating that the use would not
significantly impact the area. He further stated staff
recommended denial, noting that the proposal represents an
intensification of uses that do not comply with the
Midlothian Area Community Plan.
-
Mr. Jim Theobold, representing the applicant, stated the
Board already approved the inclusion of day care and bank
uses for the site, but in incorporating the C-1 development
standards and emerging growth standards, the applicant
neglected to check with the day care user as to the
appropriate size of their building. He noted the purpose of
the amendment is to remove the square footage restriction for
the day care and to ensure that the ATM machine at the bank
can be used after hours.
Mr. King called for public comment.
No one carne forward to speak to the request.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
approved Case 06SN0165 and accepted the following proffered
condition:
."""""
The property owner/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
itself and its successors or assigns, proffer that the
property under consideration will be developed according to
the following proffer if, and only if, the rezoning request
submitted herewith is granted with only those conditions
agreed to by the owner/applicant. In the event this request
is denied or approved with conditions not agreed to by the
owner/applicant, the proffer shall immediately be null and
void and of no further force or effect.
The Textual Statement, dated January 23, 2006, shall be
considered the Master Plan relative to permitted uses,
architectural style, street lights along Woolridge Road,
size of individual buildings, gross floor area per acre
for child care and bank/offices and hours that uses may
be open to the public. (P)
06-176
02/22/06
(STAFF NOTE: This condition supersedes Case 05SN0243,
Textual Statement, DETAILED TRACT CONDITIONS, Tract 1,
2. )
Ayes: King, Barber and Humphrey.
Nays: None.
Absent: Miller and Warren.
Mr. King requested a ten-minute recess.
Reconvening:
Mr. Miller and Mr. Warren returned to the meeting.
06SN0191 (Amended)
In Midlothian and Mat.oaca Magisterial Districts, THE
CHESTERFIELD COUNTY BOARD OF SUPERVISORS proposes rezoning
and amendment of zoning district map from Agricultural (A)
and Corporate Office (0-2) to General Industrial (I-2) with
Condi tional Use Planned Development to permit exceptions to
Ordinance requirements. The density of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for regional emploYment center and neighborhood mixed use
uses. This request lies on 786.4 acres fronting the north
line of Midlothian Turnpike betwE!en Route 288 and Huguenot
Springs Road; on the south line of Midlothian Turnpike
between Route 288 and Old Hundred Road; and fronting the west
line of Huguenot Springs Road, approximately 2,800 feet north
of Midlothian Turnpike. Tax IDs 710-708-3025, 5217 and 9532;
712-709-9100; 712-710-2733,8193 and 9557; 712-711-1562 and
2690; 712-712-2923; 713-708-4574; 713--712-Part of 8031; 714-
707-6311 and 9182; 714-712-9323; 715-705-2469; 715-706-5039;
715-710-0250 and 8459; 715--711-0444 and 4043; 715-712-3508;
716-710-0846. 1325, 1707 and 2342; 716-713-Part of 5414; 717-
708-Part of 2972; 717-711-0537 and 0707; 718-705-6022; 718-
706-3636; 719-703-5024; 720-703-7536; and 720-704-Part of
3574 (Sheet 5).
Ms. Beverly Rogers presented a summary of Case 06SN0191 and
stated the Planning Commission and staff recommended
approval, indicating that the proposal conforms to the Route
288 Corridor Plan, which suggests that the property is
appropriate for regional emploYment center uses consisting of
Light Industrial (I-1) USE~S as well as General Industrial (I-
2) uses, and further suggests that a lifestyle center/
entertainment center is appropriate:! at the northwest quadrant
of Route 288 and Midlothian Turnpike, under certain
circumstances. She stated the Plan also suggests that
property located at the intersection of Huguenot Springs and
Dry Bridge Roads is appropriate for Neighborhood Commercial
(C-2) uses. She further stated the Planning Commission's
recommendation modified the proposal with additional
conditions to ensure that the lifestyle center in the
northwest quadrant of the intersection of Route 288 and Route
60 would be developed in accordance with recommendations of
the Plan, that adequate transportation improvements would be
provided, and that provisions would be made for sites for
06-1"17
02/22/06
,",-","",,"
--'c
,..........
future county emergency services to serve the growth
resulting from this development. She reviewed the changes
recommended by the Planning Commission: requiring that water
quality basins be designed as amenities unless otherwise
approved by the Planning Commission; dedicating five acres
for a rail station site and eight acres for an emergency
services station site; requiring that the site plans for the
lifestyle center be considered by the Planning Commission;
limiting development to 300,000 square feet outside the main
street area until 175,000 square feet of THE Main Street area
has substantially completed foundations and slabs; and
requires that the initial uses on Main Street include three
restaurants, a movie or other entertainment use, a bookstore,
and a unique use which is not currently located with the
county's boundaries. She noted the County Attorney has
advised that the Planning Commission's suggested requirement
for initial uses is not appropriate because state law does
not allow the county to dictate through zoning the brand of
business that will locate at a particular location or
otherwise control market decisions through zoning. She
continued to review changes recommended by the Planning
Commission, including provision of documentation to the
Economic Development Department that assures occupancy of the
initial Main Street users within 18 months of the submission;
establishing a 30,000 square foot maximum on individual
users, but permitting increases up to 100,000 square feet,
provided that the additional square footage not be counted
toward the minimum square footages wi thin the Main Street
area; requiring that the Planning Commission approve the
traffic study and after analyzing the study, determining
whether or not additional road improvements should be
required or the density reduced to accommodate the traffic;
requiring a fly-over from Watkins Center Parkway to Route 288
unless the traffic study determines that the fly-over is not
required; requiring widening of Watkins Center Parkway from
Route 60 south to Route 288 so that the southwestern corner
of Route 288 and Route 60 would be better prepared to
accommodate emploYment center uses in the immediate future;
stating that the Route 288 fly-over and the northern Route
288 on and off ramps off of Route 288 and Watkins Center
Parkway would not be eligible for Community Development
Authori ty (CDA) funding and therefore, the cost of
construction would be borne by the developer.
,........
In response to Mr. Miller's question, Mr. McCracken stated
staff feels the original application, as amended, will
protect the county's ability to deal with transportation
improvements required of the developer. He expressed
disappointment that staff has reached an impasse on certain
aspects of the transportation plan with the developer, and he
does not foresee being able to reach an agreement on some of
the issues. He stated the Planning Commission will have to
make a decision between the developer'S and staff's positions
with respect to transportation issues. He further stated,
under the conditions in the current application, staff could
request modifications, indicating that some of the
modifications have already been discussed with the developer
and the developer does not agree with one of the first
modifications that staff felt was necessary. He stated,
although conditions are in place in the amended application,
there is going to be a disagreement on those conditions.
06-178
02/22/06
Mr. Ramsey stated it
developer disagrees
analyzing the traffic
Planning Commission.
is hi sunders tanding tha t , if the
with staff's determination after
study, he must seek relief from the
In response to Mr. Barb€~r' s question, Mr. McCracken stated
the amended application and the Planning Commission's
recommendation are basically the same, but it would be easier
for staff to employ the Planning Commission's recommendation,
which outlines the transportation requirements but allows
staff to provide relief should the traffic study indicate it
appropriate.
Mr. Barber stated he beliE~ves it would be an unfair burden on
staff for the Board to approve the request with minimal
transportation conditions, as opposed to the more
comprehensi ve condi tions suggested by the Planning
Commission.
In response to Mr. Miller's question, Mr. McCracken stated
the conditions of the application allow staff to make
transportation adjustmen':s, indicating that he already
foresees a necessary modification in access to the proposed
mall, but the developer has indicated it is not acceptable,
even though the conditions authorize staff to request the
modification. He expressed concerns that the transportation
issues have not been resolved. He stated, at some point, a
decision will have to be made that economic development
opportuni ties outweigh traffic issues, indicating that he
does not believe the county should have to make that choice.
Mr. Miller stated he had hoped 1:he issues would have been
resolved by now.
-~
Mr. John Easter, representing the applicant, stated from a
general standpoint, the conditions clearly provide staff with
the authori ty to insist on road requirements to make the
proposed development work, indicating that there may be
different ways to resolve the traffic issues. He stated, at
this point, it would be wise to determine the traffic details
during the site plan process. He further stated there will be
many options to address the traffic issues once the traffic
study is available. He stated the developer is comfortable
wi th waiting until the site plan process to address the
traffic issues. He further stated, although the Planning
Commission recommended the addition of some road improvements
to the application's list, the process for resolving the
traffic issues is through the traffic study.
Mr. Barber stated essentially the Planning Commission's
recommendation adds road improvements that could be
subtracted based on the traffic study, and the amended
application would allow for the addition of road improvements
based on the traffic study.
-
Mr. Easter stated he understands the developer's concerns
with the Planning Commission's recommendation for an
additional $20 million in road improvements that was not in
the original application.
Mr. Barber stated staff should be equally concerned that, if
the additional road improvements suggested by the Planning
06-179
02/22/06
Commission become necessary, they might be difficult to
achieve.
~
Mr. Easter stated the county will make the final decision
with respect to road improvements. He clarified that he was
retained to represent the county to bring forward the zoning
request for economic development purposes. He called forward
Ms. Faith McClintic, Assistant Director of Economic
Development, to discuss the economic development benefit of
the proposed development.
,-
Ms. McClintic provided details of economic development
requirements and impediments in the county. She stated the
proposed development will address some of the county's
ongoing economic development obstacles by improving the
selection of ready-to-go sites; offering prospective
businesses enhanced highway access; providing support
services and restaurants for employees in the area; and
establishing a visible and aesthetically pleasing
environment. She stated the primary benefits of the rezoning
are to enhance the county's ability to generate/recapture
additional sales tax revenue; improve the county's
competitive position; increase the commercial and industrial
tax base; and add additional emploYment opportunities for
residents. She further stated staff's vision for the
development is a Chesterfield version of Henrico County's
Innsbrook development. She stated the lifestyle center,
which will be the first phase of the proposed development,
will be the impetus for making staff's vision a reality and
will also provide for the first wave of capital investment in
this area, which is estimated at $127 million. She noted the
potential economic impact of the rezoning is estimated at
more than $ll million in annual revenue.
Discussion ensued relative to retail sales
neighboring localities in various categories.
lost
to
Mr. Ramsey stated, although Chesterfield has a larger
population, Henrico represents 40 percent of overall retail
sales and Chesterfield represents approximately 30 percent,
indicating that sales are being exported out of Chesterfield
to Henrico.
Mr. Barber stated he believes that the more uniqueness that
is built into this zoning case, the more opportunity there
will be to capture dollars that are being spent elsewhere.
-
Mr. Miller stated, if the proj ect were to be approved, he
does not believe it would harm the county in any way, and he
does not necessarily agree with the argument that sales will
be transferred from one shopping center within the county to
this development.
Mr. Barber stated, in staff's calculations on the potential
for a Community Development Authority (CDA), the approach was
taken that only sales tax generated here would be new
dollars, so we are looking at a significant shift in spending
from established stores today to stores that might be
enveloped here.
In response to Mr.
different market, as
would be attracted if
Miller's question, Mr. Barber stated a
well as people from other localities,
uniqueness exists in the development.
06-180
02/22/06
Mr. Easter stated the r€!quest, as filed, complies with the
Route 288 Corridor Plan, which permits a regional employment
center, a small commerciall node near Dry Bridge and Huguenot
Springs Roads, and a regional scale high fashion mall or
lifestyle entertainment center. He further stated, according
to the Plan, the lifestyle center does not include high end,
high fashion stores, but creates a format different from a
typical regional mall by including well designed causes and
common areas. He stated examples of lifestyle centers are
listed in the Plan, indicating that language in the zoning
case requires design elements from two of the projects
listed. He provided details of design requirements included
in the application for M:ain Street in the lifestyle center,
indicating that adding the additional conditions recommended
by the Planning Commission could make the project unfeasible.
He stated the developer has agreed to provide a minimum
300,000 square foot Main Street area; to bring the Main
Street area up to rough grade before certificates of
occupancy can be issued for more than 400,000 square feet in
the other retail area; provide assurances that 100,000 square
feet in the Main Street area will be available wi thin 18
months of the other retail area reaching 400,000 square feet,
and include at least three sit-down restaurants, and
commercially reasonable efforts made to obtain a movie
theater and a bookstore. He further stated the last aspect
of the recommendations of the Pl~~, a high fashion mall or a
lifestyle center, should be integrated with the regional
employment center, compl,ementing it rather than overwhelming
it.
Mr. Barber stated the retail development allows utilities to
be brought under Midlothian Turnpike, to the south part of
Midlothian. He further stated it appears to him that the
lifestyle center will be overwhelming because all that can be
developed on the south side of Midlothian in the foreseeable
future is 133 acres. He stated the wastewater ines to serve
the majority of the south side of Midlothian Turnpike is 3.5
to 4 miles away.
-_..~"
Mr. Easter stated the language of the Plan states that the
lifestyle center should not overwhelm the entire emplOYment
center district, which includes much more property than just
the 786 acres included in this zoning request.
In response to Mr. Miller's question, Mr. Easter stated the
lifestyle center is being integrated through overall design
guidelines, specific requirements for the retail area, and
the access requirements.
Mr. Barber stated it is his recollection that, during the
public meeting process, integration did not mean having
another mall, but a mixture of uses. He expressed concerns
that employees in the r€!gional employment center will not be
able to walk to restaurants at the lifestyle center, and he
does not believe the dev,elopment was supposed to be a mass of
retail standing alone without other components mixed in.
---./
Mr. Miller stated he, too, was under the assumption that
employees in the regional employment center would have the
opportunity to easily access the lifestyle center.
06-181
02/22/06
Mr. Easter stated, although Mr. Barber's and Mr. Miller's
assumptions of the definition of integration are reasonable,
the reality is that it is impossible to integrate development
across 8 lanes of Midlothian Turnpike.
Mr. Barber stated if you place a percentage of the uses in
each of the quadrants, then employees would not have to cross
Midlothian Turnpike to get to commercial services.
.-
Mr. Easter reviewed the uses proj ected for the property,
including approximately 4 million square feet of office/light
industrial i 1.1 million square feet for a lifestyle center;
and approximately 600,000 square feet of neighborhood retail.
He stated he does not believe the lifestyle center overwhelms
the office/light industrial uses. He provided details of the
substantial road improvements required by the application, as
amended.
There was brief discussion relative
Planning Commission's recommendation
improvements.
to
for
the cost of
additional
the
road
..--..
In response to Mr. Barber's question, Mr. Easter stated, if
the traffic study determines that the additional road
improvements are necessary, Transportation staff will
determine what improvements need to be done to make the
development workable. He further stated the developer must
post a bond for road improvements prior to the issuance of
the first building permit, and the improvements must be
constructed prior to issuance of the certificate of occupancy
for any portion of the lifestyle center.
Discussion
improvement
Authority.
ensued relative to
funding through
the potential
a Community
for road
Development
Mr. Easter indicated the Planning Commission's additional
recommendations would render the development unfeasible.
Mr. Miller stated he has always had an issue with the county
dictating what tenants could utilize a project. He further
stated he does not understand why there cannot be a menu of
potential users for the developer to select from.
In response to Mr. Miller's question, Mr. Easter stated the
application includes a requirement that only 40,000 square
feet of any building in Main Street can be counted toward the
overall square footage requirement for the Main Street area,
regardless of the size of the building.
.-
Mr. King referenced the "free enterprise system," and
expressed concerns relative to dictating various uses for the
Main Street.
Mr. Miller stated his biggest concern is traffic, and he is
looking for further assurance that he understands Mr.
McCracken's position relative to transportation issues.
Discussion ensued relative to the first phase of Main Street
development.
Mr. Barber expressed concerns that what has been presented to
the public at community meetings may not be what is
06-182
02/22/06
delivered. He stated the community has been promised phasing
with certain guarantees.
Mr. Miller inquired what would happen if the developer were
to present alternate uses that were never presented to the
public.
Mr. Barber stated the Planning Commission's condition is
actually more flexible than what has been presented to the
public because it requires a movie theater or some other type
of entertainment venue.
Mr. King called for public comment,
Mr. John Cogbill, representing certain owners and prospective
developers as well as himself as a resident of the county,
stated he believes this is one of the most important cases
the county has ever considered. He further stated the
maj ori ty of the proj ect is for emplo:yrment center uses and
expressed concerns that so much focus has been placed on the
lifestyle center, which is only one small component of the
development. He stated the developer is willing to provide
the infrastructure at no cost to the county and make this
project happen without delay. He further stated the proposal
represents an economic engine for the county, with a first-
class office park at the last best interchange in the
Richmond metropolitan area. He stated the office park will
not evolve unless, and until, the lifestyle center is built.
He noted there is already a user for 30,000 square feet on
the south side of Midlothian Turnpike awaiting for the
outcome of this request. He expressed concerns that
Chesterfield County sales tax dollars are being exported to
other localities, especially Hen:cico. He stated the Board
has a chance to do something right and provide an opportunity
for the county to succeed. He expressed concerns relative to
decreased sales tax reve'nue and the percentage of sales tax
distribution to Chesterfield versus the region. He stated,
if the sales tax figure can grow, the Board could provide
relief to citizens from increased assessments by lowering the
real estate tax rate. He further stated the proposed
development is ready to go and mixes all of the necessary
uses to develop the office park sooner rather than later. He
stated the project is uniquely designed and pedestrian
friendly. He stated the developers will do what they
promised regardless of the proffers and design standards that
have been incorporated into the case. He further stated
transportation decisions will be made at the appropriate
time.
In response to Mr. Miller's question, Mr. Cogbill stated both
the developer and Mr. McCracken agree with the amended
transportation conditions, as amended by Mr. Easter. He
further stated he fully anticipates the transportation issues
will be resolved between the Transportation Department and
the developer. He stated the developer is not in a position
to accept the Planning Commission's recommendation.
In response to Mr. King's question, Mr. Cogbill stated
imposi tion of the Planning Commission's recommended changes
would render the project unfeasible.
Discussion ensued relative to the requiremE::mts relating to
the protection of Swift Creek Reservoir.
06-183
02/22/06
Mr. Cogbill stated the developer agrees with Mr. Tom Pakurar
that private business can do as good or better job than
government in addressing environmental issues.
-
Mr. Tom Pakurar, a resident of the Clover Hill District,
expressed concerns relative to the impact of the development
on Swi ft Creek Reservoir. He noted the rej ection of the
county's Regional BMP Master Plan by the Environmental
Protection Agency. He recognized the superiority of the
private sector in achieving water quality goals and suggested
modification to the textual statement to allow the developer
to meet the state standards for phosphorous runoff.
In response to Mr. Miller's question, Mr.
progress has been made on the Regional BMP
the first county BMP was put forth in 2000.
pakurar stated no
Master Plan since
Mr. Miller expressed concerns relative to the efforts put
forth to adopt a regional BMP plan, and it now appears that
the rejection of the Plan by EPA will result in developers
being required to address phosphorous runoff limitations
within their own properties.
Mr. Warren restated Mr. Pakurar's suggested wording: "We will
manage our own storm water and comply with state standards."
He stated he agrees with the philosophy of Mr. Pakurar's
language.
Mr. Steve Erie, representing
Council, stated he supports the
jobs, wealth and opportunities it
the Chesterfield Business
development because of new
will bring to the county.
Dr. Betty Hunter-Clapp, a resident of the Clover Hill
District, stated the project will be a great asset to the
county and hopes the Board will move the project forward.
She requested that the county make a serious effort to
provide citizens wi th information relative to zoning cases
such as this in a more timely manner.
In response to Mr. Warren's question, Dr. Hunter-Clapp stated
she agrees with Mr. Pakurar's suggestion for dealing with
phosphorous runoff.
Mr. John Smith, representing Hospital Corporation of America
(HCA) , stated HCA fully supports the development and
recognizes the project's economic potential.
-
Mr. Tim Bass, a resident of Salisbury and immediate past
president of the Salisbury Homeowners Association, stated the
developers had been very open and consistent when presenting
information to Salisbury residents. He further stated he has
received only positive comments about the proposal, which
will complement area residents' lifestyle. He requested that
the Board not impose too many restrictions resulting in
failure of the project.
Mr. Conway Haskins, a resident of the Matoaca District and
representative of the Task Force for Responsible Growth,
expressed support for any zoning measures that would meet the
goal of achieving a mixed-use development that balances
residential, commercial and retail elements. He stated the
project fosters economic opportunities and addresses
06-184
02/22/06
citizens'
impacts.
rezoning.
concerns regarding sprawl and infrastructure
He encouraged the Board 1:0 move forward with the
Mr. Art Heinz, President of the Chesterfield County Chamber
Commerce, stated the chamber supports the proposal as
amended. He further stated the project represents good
economic development and hopes the Board will move forward.
Mr. King thanked Mr. HE~inz for the unprecedented gesture
earlier today on behalf of members of the Chesterfield County
Chamber of Commerce, in support of t.he county government and
the County Administrator.
Mr. King inquired whether anyone in the audience objected to
delaying the public hearing to consider amendments to the
Procedures of the Board of Supervisors relative to citizen
comment.
Mr. Ramsey stated a member of the audience indicated there
are several interested people who must leave, and they
requested that the Board consider delaying the public
hearing.
Mr. Barber suggested that the Board open the public hearing
and then continue it to the next meeting.
In response to Mr. King, Ms. Brenda Stewart obj ected to
delaying the public hearing.
Mr. King stated, therefore, the public hearing would be held
at the end of the agenda.
Mr. Jim Theobold, representing Trammell Crowe Mid-Atlantic,
contract purchaser of Tract C, indicated the intent to
develop that property for a community level shopping center.
He requested modifications to allow commercial use on the
entire tract with no requirement for office uses wi thin the
development of that tract since transition would be made on
the adjacent properties. He further requested that the Board
amend the textual statement to delete the requirement for an
office transition, allo'lJ a home improvement center to be
located in the tract, and eliminate the 70 1000 square foot
limitation on individual users. He stated it does not make
sense to exclude a home improvement center at this location.
He requested that the Board view Tract C as a grocery-
anchored, home improvement, community-level center where
residents can stop for daily needs.
--
In response to Mr. Warr€~n's question, Mr. Theobold stated he
supports the application as presented subj ect to the
revisions he requested for Tract C.
Ms. Marleen Durfee, representing the Task Force for
Responsible Growth, statled Chesterfield TOwnE! Center does not _.-
have the same conditions that ultimately led to the demise of
Cloverleaf Mall. She further stated the development will
offer a different type of shopping atmosphere than the Towne
Center. She stated nobody thought Innsbrook would have
evolved as it has today, and the county must allow this
project to have the same opportunity and should not
micromanage it to the point where it fails. She further
06-185
02/22/06
stated she believes the process will allow the county to
achieve the development it desires.
Mr. Mark Slusher stated he believes it important that uses be
integrated into projects. He encouraged the Board to
maintain the requirement for office use wi thin the Trammell
Crowe parcel.
--
Dr. Mike Harton, a resident of the Midlothian District,
stated he has attended all of the community and Planning
Commission meetings regarding this proposal. He further
stated the county has had multiple opportunities to stem the
flow of residents working north of the river. He stated the
county should not micromanage the project. He requested the
Board's approval of the project.
There being no one else to speak to the request, the public
hearing was closed.
-
In response to Mr. King's question, Ms. Rogers stated a
zoning application is pending on the property referenced by
Mr. Theobold, Tract C, which was filed prior to this case.
She further stated staff has always taken the position that
the Route 288 Plan suggests that Tract C be developed as
neighborhood retail uses provided they are integrated with
other designated uses and avoid typical strip commercial
characteristics. She stated staff has taken the position
that, to meet that requirement, the applicant must limit the
size of uses, assure that the development is not of a strip
style, and provides a transition on the edge so as to
integrate office and commercial uses. She further stated the
proposal submitted by Mr. Theobold would allow a community-
scale shopping center, which is not supported by the Plan.
She stated a reduction in the setback along Watkins Center
Parkway has been requested, and staff has supported that
reduction in return for urban design of the out-parcels,
noting that Mr. Theobold is requesting to delete this
element. She stated Mr. Theobold's proposal does not comply
with the adopted Plan.
Mr. Easter stated he believes the current language for Tract
C is consistent with the Plan and he does not believe the
Board should honor Mr. Theobold's request.
In response to Mr. Warren's question, Mr. Easter stated the
amended suggested by Mr. pakurar is acceptable by both the
county and the developer.
-
Mr. Barber stated it is the Board's responsibility to insure
in writing exactly what they want to see on this property.
He expressed serious concerns relative to not having a
transportation plan. He stated it is very important that the
proposed development be unique and not duplicate Chesterfield
Towne Center. He expressed concerns that the proposal
represents separate quadrants of uses that are not integrated
to the extent that the public expected when the Route 288
Corridor Plan was adopted. He stated if there were
assurances that Nordstrom or a similar use were guaranteed
locating on Main Street, this would be a much easier
decision. He expressed concerns relative to Mr. Theobold' s
request which would allow strip commercial development along
Midlothian Turnpike. He requested that the Board consider
prohibiting strip commercial. He stated he supports the
06-186
02/22/06
conditions recommended by the Planning Commission, noting
that the text of the application relative to Main Street is
not what has been presented to the public. He further stated
his vision of a lifestyle center would not include a home
improvement store. He stated he is not convinced that the
county has in writing the assurances that a very nice
development will be provided. He fu.rther stat.ed the level of
trust that is being given to the developer with the current
proposal could change tomorrow, indicating there needs to be
more in writing relativ,e to the road network, if nothing
else. He expressed concerns that the developer has already
indicated he is not interested in p:roviding 1:he road network
suggested by Mr. McCracken.
-'"
Mr. Warren stated he supports the case as presented by staff
and does not support the additional conditions recommended by
the Planning Commission. He further stated he does want to
include the amended environmental language suggested by Mr.
pakurar.
In response to Mr. Miller's question, Mr.
is comfortable recommending approval
application, as amended.
McCracken stated he
of Mr. Easter's
Mr. Miller expressed concerns that the Board is being asked
to make a decision so soon after the Planning Commission 's
recommendation. He stated he does not like to get involved
in micromanaging uses wi thin a development, but understands
that the lifestyle center has to be the leader and needs to
be unique. He further stated he will support the request,
wi th the amended environmental language suggested by Mr.
Pakurar.
Mrs. Humphrey stated shE~ supports staff's posi tion relative
to Mr. Theobold's request. She expressed concerns relative
to Dr. Harton's assumpt.ion that the county has not acted
responsibly, indicating that the Board has had continuous
discussions regarding the development of this area for many
years. She stated she supports the request.
_.,;i'~
Mr. King commended Mr. Easter on his presentation. He stated
one of the reasons he is able to support this request is
because it is a county business issue rather than a district
issue. He further stat.ed he does not understand why this
case has been so complicated. He stated he serves on the
Gateway Region Board and has grown to understand what happens
to those who do not have infrastructure in place.
In response to Mr. Barber's question, Mr. Easter stated, at
some point, the application included a rail station site, but
not a fire station site.
Ms. Rogers stated, based on advice from the County Attorney's
office, if the Board were to impose condi tions for rail and
fire station sites, it must be determined that the proposed
development gives rise to the need for those facilities. She
noted the Public Facilities Plan does identify a need for a
fire station within the boundaries of the Route 288 Corridor
Plan, but the boundaries are much greater than this case. She
stated staff has not analyzed whether or not the proposed
development gives rise to the need for rail or fire station
facilities. She further stated, as the application was
developed, there were discussions as to the best location for
06-187
02/22/06
a fire station, and the Fire Department has indicated that
the best site might be near the intersection of Dry Bridge
and Old Hundred Roads, on the fringe between emerging
residential development and the regional employment center.
4'-"'"
Mr. Micas stated the questions is whether the development by
itself must generate the need for either a rail station or a
fire station, not whether the Plan calls for it at some point
in this region. He further stated the case is not structured
to deal with proffered conditions at this point. He stated
the Board could add conditions for the dedication of a rail
site or a fire station site to the requirements of the
Textual Statement only if it has been determined that this
development generates the need for either of these sites.
In response to Mr. Barber's question, Mr. Easter stated he
does not think the county generally looks for dedication of
sites such as part of commercial or office zoning cases. He
further stated the Watkins family has indicated their
willingness to make a donation of land. He stated, if the
county were to require the dedication of property as part of
this zoning case, the property owner would not receive the
tax credits.
Mr. Barber made a motion for the Board to approve Case
06SN0191 as amended by Mr. Easter last Friday, wi th the
addi tion of the Planning Commission's suggested conditions
relative to transportation.
Mr. Barber's motion died for lack of a second.
Mr. King made a motion for the Board to approve
as amended by Mr. Easter on Friday, with
environmental language suggested by Mr. pakurar.
Case 06SN0191
the amended
Mrs. Humphrey seconded Mr. King's motion. She clarified that
the most recent amendment presented by Mr. Easter allows
Transportation staff to determine transportation issues prior
to the Planning Commission.
Mr. Warren clarified that, with Mr. Pakurar's suggestion, the
language in Section IV. B. relative to environmental issues
would be deleted, and replaced with, "For those portions of
the property that drain southward into Swift Creek Reservoir,
the developer will manage its own storm water and comply with
state standards to achieve the .45 phosphorous standard."
In response to Board member's concerns, Mr. McElfish stated
the Chesapeake Bay Ordinance will apply to the portion of the
property that drains north to Michaux Creek.
~
Mr. Barber stated he will not support Mr. King's motion.
Mr. King called for a vote on his motion, seconded by Mrs.
Humphrey, for the Board to approve Case 06SN0191, wi th the
amended language in the Textual Statement regarding storm
water management, subject to the following condition:
The Textual Statement dated January 20, 2006, as
February 17, 2006, and as amended by the Board on
22, 2006, shall be considered the Master Plan. (P)
revised
February
Ayes: King, Miller, Humphrey and Warren.
06-188
02/22/06
Nays: Barber.
Mr. King called for a ten-minute recess.
Reconvening:
Mrs. Humphrey made a motion, seconded by Mr. Barber, for the
Board to suspend its rules at this time to allow for
consideration of an agenda item after 11:00 p.m.
-.--....
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
16. PUBLIC HEARINGS
o TO CONSIDER AMENDMENTS: TO THE 2006 PROCEDURES OF THE BOARD
OF SUPERVISORS TO PROV'IOE FOR A CITIZEN COMMENT PERIOD AT
BOARD MEETINGS
Mr. Ramsey stated this date and time has been advertised for
a public hearing for the Board to consider amendments to the
2006 Procedures of the Board of Supervisors to provide for a
ci tizen comment period a.t Board meetings. He further stated
the proposed revisions will create a 30-minute citizen
comment period at the ,evening portion of the meeting for
people to speak on any matter relating to county services,
policies and affairs. He stated, under the recommendation,
each speaker will be lim~Lted to five minutes, must sign up to
speak prior to 5:00 p.m. on the day before the meeting, and
staff will not try to determine what is an administrative
matter to allow or not allow citizens to speak.
--
Mr. King stated, due to the lateness of the hour, the public
hearing will remain open until the Board's next meeting.
Mr. King called for public comment.
Mr. Jim Slaughenhaupt, a Clover Hill District resident,
expressed concerns relative to placing too many restrictions
on speakers. He requested that the public comment time not
be placed at the end of the Board's agenda and suggested that
the Board consider scheduling meetings just for listening to
public comment.
Mr. Barber advised Mr. Slaughenhaupt that a more effective
way of communicating would be to contact his supervisor
directly rather than attE:!nding a public comment session.
Mr. Warren thanked Mr. Slaughenhaupt for his suggestions. He
s ta ted he agrees wi th Mr. S laughenhaupt t.ha tit is very
important for public officials to be good listeners and not
to take things personally. ~_
Mr. King stated citizens may personally at tack his public
life performance, but he does not believe they should be
allowed to impugn his personal integrity.
Ms . Brenda
community
television.
Stewart stated many citizens would prefer more
meetings wit:h open dialogs to appearing on
She thanked the Board for considering changes to
06-189
02/22/06
-
their procedures and applauded the proposal to remove some of
the restrictions on citizens' Freedom of Speech. She
encouraged the Board to make additional changes, as follows:
provide for a citizen comment period in the afternoon session
as well for citizens whose schedules do not allow them to
attend in the evening; if time is remaining in a citizen
comment period after all scheduled speakers have completed
their remarks, ask if anyone in the audience would like to
speak and impose the same limitations as the previous
speakers; consider deleting the requirement for the speaker
to provide the topic; and consider having a sign up sheet at
the public meeting room prior to the meeting to permit
citizens to sign up at the meeting at which they desire to
speak. She suggested that the Board coordinate with School
Board and the Planning Commission to standardize the policy
on citizen participation at public hearings and during open
comment period. She also suggested that the Board consider
scheduling public input on specific cases prior to the
meeting at which the Board plans to make its decision on the
case. She expressed concerns relative to the inconsistent
application of rules to individual speakers, indicating that
some speakers are allowed to stray off topic and speak much
longer than the allotted time with no attempts by the
official in charge of the meeting to exert control, while
others are much more closely monitored and challenged.
-
Mr. Barber stated typically community meetings are held in
the neighborhoods of upcoming zoning cases, which allows
citizens to provide input. He further stated, if the
Chairman places a time limitation on public comment during
certain public hearings, the Clerk keeps the time and tells
the citizens when their time is up. He inquired whether Ms.
Stewart thinks a warning light system would be appropriate.
Ms. Stewart stated a warning signal would be appropriate to
remind speakers to stay on topic and finish their comments.
Mr. Barber stated he likes Ms. Stewart's suggestion for a
public comment time during the afternoon session, as well as
the standardization of speaking policies among the Board of
Supervisors, Planning Commission and School Board.
Mrs. Humphrey stated she likes Ms. Stewart's suggestion for
both an afternoon and evening citizen comment period.
0-.........
Mr. Miller stated the Board has been criticized in the past
for closing public comment and then making a decision at a
later meeting. He further stated he has no problems with
allowing a public comment session during the afternoon if it
can be worked into the Board's agenda. He referenced an
elderly couple who had difficulty expressing themselves when
he was a member of the Planning Commission, and stated it is
sometimes very difficult to get speakers to stay on the
subject and move on.
Mr. Warren stated he does not recall speakers going over time
limits during public hearings because the clerk would notify
them their time was up, which worked well because elected
officials were not dominating the speakers.
No one else came forward to speak to the issue.
06-190
02/22/06
Mr. King stated the public hearing will be left open until
the March 8, 2006 Board of Supervisors meeting.
17. REMAINING MOBILE HOM}o~ PERMITS AND ZONING REQUESTS
There were no remaining mobile home permits or zoning
requests at this time.
18 . ADJOURNMEN'l'
On motion of Mrs. Humphrey, seconded by Mr. Warren, the
Board adjourned at 2:42 a.m. until February 23. 2006 at 6:00
p.m. for a meeting with the county's Legislative Delegation
at the Downtown Club.
Ayes:
Nays:
King, Miller, Barber, Humphrey and Warren.
None.
1/... / . r.. . '
.;z./Iit. ,/ ,o. /1" A>/;:\/t?-</
L~n~ B. Ramsey j'
County Administrato
('(, '
'-~
M. "Dickie"
Chairman
_....---...~,.. -"
06-191
02/22/06