00SN0126-FEB9.pdf................... CPC
February 9, 2000 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
00SN0126
(AMENDED)
Tidewater Fibre Corporation -
Michael Benedetto
Bermuda Magisterial District
West line of Old Stage Road
(AMENDED) Rezoning from Light Industrial (I-1) to Heavy Industrial (I-3) plus
Conditional Use Planned Development to allow setback exceptions plus proffered
conditions on an adjacent parcel currently zoned Heavy Industrial (I-3).
pROPOSED LAND USE:
A curbside recycling and reclamation center is planned. However, with approval
of this request other I-3 uses would be permitted.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF THE
PROFFERED CONDITIONS ON PAGES 2 THROUGH 4.
AYES: MESSRS. CUNNINGHAM, GECKER AND LITTON.
ABSTENTIONS: MESSRS. GULLEY AND MARSH.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
The proposed zoning and land uses conform with the Eastern Area Land Use and
Transportation Plan which suggests the property is appropriate for general
industrial use.
The proposed zoning and land uses are compatible with, and representative of,
existing and anticipated industrial development along this portion of Old Stage
Road.
The requested setback exceptions wouM be appropriate since the Plan suggests that
the adjoining properties are appropriate for general industrial use.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE
RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
(STAFF/CPC)
In conjunction with the approval of this request, exceptions shall be granted
to allow setbacks to be regulated as though adjacent properties were zoned
1-3. (P)
PROFFERED CONDITIONS
(STAFF/CPC) 1.
Prior to any site plan approval, thirty-five (35) feet of right-of-way
on the west side of Old Stage Road, measured from the centerline
of that part of Old Stage Road immediately adjacent to the property,
shall be dedicated, free and unrestricted, to and for the benefit of
Chesterfield County. (T)
(STAFF/CPC) 2.
Direct access from the property to Old Stage Road shall be limited
to one (1) entrance/exit, located towards the southern property line.
The exact location of this access shall be approved by the
Transportation Department. Prior to any site plan approval, an
access easement, acceptable to the Transportation Department, shall
be recorded across the property to ensure shared use of this access
with adjacent properties. (T)
2 00SN0126/WP/FEB9I
(STAFF./CPC)
STAFF/CPC)
(STAFF/CPC)
Prior to issuance of an occupancy permit, the ditch along the west
side of Old Stage Road shall be relocated to provide an adequate
shoulder for the entire property frontage, and additional pavement
shall be constructed along Old Stage Road at the approved access to
provide left and right turn lanes, based on Transportation
Department standards. The developer shall dedicate to Chesterfield
County, free and unrestricted, any additional right-of-way (or
easements) required for these road improvements. (T)
The County wastewater system shall be used. (U)
The following shall not be permitted.
Contractors' offices, shops and storage yards.
Cottonseed oil milling.
Other fabricated metal products manufacturing not otherwise
listed in this chapter.
Paint and varnish manufacturing.
Storage yards.
Abrasive, asbestos and miscellaneous non-metallic mineral
products manufacturing.
Blast furnaces, steel works and rolling and finishing ferrous
metals.
Fuel (gas or liquid) distribution storage.
Cement (hydraulic) manufacturing.
Chrome plating and anodizing.
Coal and coke storage.
Concrete, gypsum and plaster products manufacturing.
Crematoriums.
Grain mill products manufacturing.
Iron and steel foundries.
Leather tanning.
Gas production plants, natural or manufactured gas storage
and distribution points and other gas utilities.
Nonferrous foundries and other primary metal industries.
Paper, pulp and allied products manufacturing.
Paper recycling by the chemical method.
Primary smelting and refining of nonferrous metals.
Rolling, drawing and extruding of nonferrous metals and
alloys.
Rubber and miscellaneous plastic products manufacturing.
3 OOSN0126/WP/FEB9I
Secondary smelting and refining of nonferrous metals and
alloys.
Provided, however, that the recycling of any material permitted to
be manufactured in the Heavy Indus~al (I-3) District shall be
permitted, excluding the recycling of motor vehicles or other
machinery or parts thereof, washing machines, dryers and structural
steel. (P)
(STAFF/CPC)
Any crashing, bailing or shredding associated with a recycling
process shall be conducted entirely within an enclosed structure.
(P)
(STAFF/CPC)
Any recycling facility shall apply to the VirgLn_ia Departmem of
Transportation to enroll in the "Adopt a Highway" program for the
length of Old Stage Road from Route 10 to Osborne Road. If the
application is approved, the recycling facility shall participate in the
program for as long as the facility is located on the property. (P)
(STAFF/CPC)
Development shall conform to the requirements of the Zoning
Ordinance for 1-3 Districts except as amended by this rezoning case.
No Development Standards Waiver or Variance shall alter this
condition. (P)
GENERAL INFORMATION
Location:
Fronts the west line of Old Stage Road, south of Coyote Drive. Tax ID 802-657-9750 and
803-657-0311 (Sheet 27).
I-landI-3
15.2 acres
4 OOSNO126/WP/FEB9I
Vacant
Adjacent Zoning & Land Use:
North - I-3; Industrial
South & West - I-I; Vacant
East - I-3 and A; Vacant
Public Water System:
Public
There is an existing twelve (12) inch water line extending along the eastern side of Old
Stage Road, adjacent to the request site. Use of the public water system is required by
County Code.
Wastewater System:
There is an existing twenty-seven (27) inch wastewater trunk line extending along
Redwater Creek, approximately 460 feet southwest of the request site. In addition, there
is an existing twelve (12) inch wastewater trunk line extending along the eastern side of
Old Stage Road and ending at Coyote Drive, approximately 840 feet north of the request
site. The use of the public wastewater system has been proffered. (Proffered Condition
4)
The subject property drains in several directions to Redwater Creek and ultimately the
James River. It appears that the property may have been used as a borrow pit in the past.
It may be necessary to obtain off-site easements to accommodate runoff from development
of the property.
Fire Service:
The property is currently served by the Dutch Gap Fire/Rescue Station, Company Number
14 and Bensley-Bermuda Rescue Squad. When the property is developed, the number of
5 00SN0126/WP/FEB9I
hydrants and quantity of water needed for fire protection will be evaluated during the plans
review process.
Transportation:
This request will not limit development to a specific land use; therefore, it is difficult to
anticipate traffic generation. Based on light industrial trip rates, development could
generate approximately 880 average daily trips. These vehicles will be distributed along
Old Stage Road which had a 1999 traffic count of 4,303 average daily trips.
The Ih~rgggll~Pg~ identifies Old Stage Road as a collector with a recommended right
of way width of seventy (70) feet. The applicant has proffered to dedicate thirty-five (35)
feet of right of way, measured from the centerline of OM Stage Road, in accordance with
that Plan on that portion of the property to be rezoned to I-3. (Proffered Condition 1)
Development must adhere to the Zoning Ordinance, relative to access and internal
circulation (Division 5). Access to collectors, such as Old Stage Road, should be
controlled. The applicant has proffered to limit direct access from the property to be
rezoned to I-3 to Old Stage Road to one (1) entrance/exit, located towards the southern
property line (Proffered Condition 2). The proffer requires that an access easement be
recorded across the property to be rezoned to ensure shared use of this access with adjacent
properties.
Mitigating road improvements must be provided to address the traffic impact of this
development. The applicant has proffered to relocate the ditch to provide an adequate
shoulder along the west side of Old Stage Road for the entire property frontage of that part
to be rezoned to I-3 and construct additional pavement along Old Stage Road at the
approved access to provide left and right turn lanes, based on Transportation Department
standards. (Proffered Condition 3)
At time of site plan review, specific recommendations will be provided regarding access
and internal circulation.
Comprehensive Plan:
Lies within the boundaries of the Eastern Area Land Use Plan which suggests the property
is appropriate for general industrial use.
6 00SN0126/WP/FEB9I
Area D~velopment Trends:
Area properties to the north, south and west are zoned for industrial uses and are vacant.
The property to the east is zoned Agricultural (A) and is vacant. It is anticipated that area
properties will be developed for industrial uses in accordance with the recommendations
of the Plan.
The request property lies within an Emerging Growth Area. New construction must
conform to the requirements of the Zoning Ordinance which address access, parking,
landscaping, architectural treatment, setbacks, signs, buffers, utilities, and screening of
dumpsters and loading areas.
The applicant is seeking relief of setback requirements on that part of the property to be
rezoned to I-3. Specifically, in some instances the Ordinance requires different setbacks
in I-3 Districts where adjacent to Agricultural (A) and Light Industrial (I-l) Districts.
Since the Plan suggests surrounding property should eventually be zoned and developed
for I-3 uses, the applicant is seeking permission to allow adjacent properties to be
considered zoned I-3 for the purposes of setbacks (Condition). Specifically, the Ordinance
requires a 200 foot setback where I-3 is adjacent to I-1. This application proposes a
mi,imum of a ten (10) foot setback along the southern boundary where adjacent to I-1
zoning. This would be the required setback if the adjacent property were zoned I-3
consistent with the recommendations of the Plan.
Proffered Condition 8 would require compliance with Zoning Ordinance requirements for
1-3 Districts, except as modified by this request, unless a future zoning case amends the
requirement. In short, although a Development Standards Waiver or Variance may be
granted, the applicant has agreed that the approval would not be exercised without an
amendment through the Planmng Commission and Board of Supervisors to this zoning
case. This proffer was submitted in response to area residents' concerns relative to future
compliance with Ordinance requirements.
Architectural treatment of buildings, including materials, color and style, must be
compatible with buildings located within the same project. Compatibility may be achieved
through the use of similar building massing, materials, scale, colors and other architectural
features.
Within Emerging Growth Areas, no building exterior which would be visible to any
Agricultural (A) District which is not vacant or any public right of way may consist of
architectural materials inferior in quality, appearance or detail to any other exterior of the
7 00SN0126/WP/FEB9I
same building. There is, however, nothing to preclude the use of different materials on
different building exteriors, but rather, the use of inferior materials on sides which face
adjoining property. No building exterior may be constructed of unpainted concrete block
or corrugated and/or sheet metal. No portion of a building constructed of unadorned
concrete block or corrugated and/or sheet metal may be visible from any adjoining A
property which is occupied by a house or any public right of way.
In I-3 Districts, junction and accessory boxes need not be minimized from view of any I-2
or I-3 District or from any public right of way which does not accommodate or is not
intended to accommodate through traffic movements. The view of junction and accessory
boxes must be minimized from view of adjacent I-1 and A properties as well as from Old
Stage Road. This requirement does not apply to any Agricultural (A) property which is
vacant and designated for I-2 or I-3 uses.
Mechanical equipment, whether ground-level or rooftop, need not be screened from view
of any 1-2 or I-3 District or from any public right of way which does not accommodate or
is not intended to accommodate through traffic movements. Mechanical equipment must
be screened from view of adjacent I-1 and A properties and Old Stage Road. If adjacent
Agricultural (A) property is vacant and designated for I-2 or I-3 uses, this requirement
does not apply.
Solid waste storage areas (i.e., dumpsters, garbage cans, trash compactors, etc.) need not
be screened from view of any I-2 or I-3 District or any public right of way which is not
intended to accommodate through traffic. Solid waste storage areas must be screened from
view of any I-1 District and Old Stage Road and any Agricultural (A) property which is
not vacant. Screening may be accomplished by a solid fence, wall, dense evergreen
plantings or architectural feature. In addition, sites must be designed and buildings
oriented so that loading areas are screened from any property where loading areas are
prohibited and from public rights of way.
With the approval of this request, outside storage would be permitted. Outside storage
areas must be screened from view of adjacent properties on which such uses are not
permitted and from areas and public rights of way.
Outside storage includes, but is not limited to, the parking of all company owned vehicles,
except passenger vehicles and trucks which have cargo areas that may be accessed from
the driver's seat without existing the vehicle.
8 00SN0126/WP/FEB9I
Proffered Condition 7 would require participation in VDOT's "Adopt a Highway"
program if approved by VDOT. This proffered condition was submitted to address
concerns of area residents concerning the potential for debris along Old Stage Road from
trucks utilizing any recycling facility.
The proposed zoning and land use conform with the Eastern Area Land Use and Transportation
Plan which suggests the property is appropriate for general industrial use. In addition, the
proposed zoning and land uses are compatible with, and representative of, existing and anticipated
industrial development along Old Stage Road. The requested setback exceptions would be
appropriate since the Plan suggests that the surrounding property is appropriate for general
industrial use (Condition). Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (10/19/99):
The Commission, on their own motion, deferred this case to their November 16, 1999,
public hearing to allow an opportunity for the applicant and area property owners to meet
and discuss the proposal.
Staff (10/20/99):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than October 25, 1999, for consideration at the Commission's
November 16, 1999 public hearing.
Applicant, Area Property Owners, Bermuda District Commissioner and Staff (10/28/99):
A meeting was held to discuss the proposed zoning and the details of the specific use
intended, a recycling facility. The applicant generally agreed to submit a proffered
condition to restrict the I-3 uses that would be permitted on the property.
9 00SN0126/WP/FEB9I
Applicant (11 / 15/99):
The applicant submitted the following proffered condition for that part of the property
currently zoned I-1:
Uses permitted shall be limited to those uses permitted in the Light
Industrial (I-l) District plus the recycling of any material permitted to be
manufactured in the Heavy Industrial (I-3) District. Provided, however,
that recycling shall not include the recycling of motor vehicles or other
machinery or parts thereof.
Planning Commission Meeting (11/16/99):
On their own motion, the Commission deferred this case to their December 13, 1999,
public hearing.
Staff (11/17/99):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than November 22, 1999, for consideration at the Commission's
December public hearing.
Applicant, Area Property Owners, Bermuda District Commissioner and Staff (11/18/99):
A meeting was held to discuss the proposal. The applicant agreed to amend the request
to include currently zoned I-3 property and to offer proffered conditions on that property.
Area property owners were to provide the applicant with a list of uses that they had
concerns with.
Applicant (11/19/99):
The request was amended, as reflected herein.
Applicant (12/7/99):
The applicant withdrew the proffered condition restricting the uses permitted on the tract
currently zoned I-1.
10 00SN0126/WP/FEB9I
Staff (12/9/99):
To da~e, the applicant has not submitted any proffered conditions on the tract currently
zoned I-3. Area property owners had not provided the applicant with a list of uses that
they have concerns with.
Applicant (12/13/99):
Two (2) additional proffered conditions for both the existing and proposed 1-3 tracts were
submitted to restrict the uses permitted on the property and to require that any crushing,
bailing or shredding associated with a recycling process shall be conducted entirely within
an enclosed structure (Proffered Conditions 5 and 6). Further, the applicant agreed to
include the previously submitted four (4) proffers for the entire 15.2 acre tract.
Planning Commission Meeting (12/13/99):
The Commission, on their own motion, deferred this case to their January public hearing.
Staff(12/14/99):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than December 20, 1999, for consideration at the Commission's
January public hearing.
Board of Supervisors' Meeting (12/15/99):
The Board, on their own motion, deferred this case to their January public hearing,
pending the Planning Commission's recommendation.
Applicant, Area Property Owners, Staff and the Bermuda District Commissioner (12/28/99):
A meeting was held to discuss the proposed zoning. The applicant agreed to consider
submission of additional proffered conditions to address quality of stormwater runoff; odor
and sound control; cleaning up of debris along area roads which may fall off of tracks
coming to the site; future exceptions to Zoning Ordinance requirements; submission of site
plans to the Planning Commission and further clarification of the term "structural steel".
11 00SN0126/WP/FEB9I
It was generally agreed that an additional meeting would be held on January 10 to review
any new or revised information or proffered conditions.
Applicant, Area Residents, Staff and the Bermuda District Commissioner (1/10/00):
A meeting was held to review additional proffered conditions which were developed as a
result of the meeting on December 28, 1999. As a remit of the meetings, the applicant
offered two (2) additional proffered conditions to address concerns about the potential for
debris along Old Stage Road from trucks utilizing any recycling facility and future
Development Standards Waivers or Variances. (Proffered Conditions 7 and 8)
Planning Commission Meeting (1/18/00):
The applicant accepted the recommendation. A representative of area citizens indicated
that if the proffered conditions and Ordinances are enforced, the proposed recycling facility
should not adversely affect the area. He indicated that area residents trusted the County
to enforce the requirements.
On motion of Mr. Cunningham, seconded by Mr. Litton, the Commission recommended
approval of this request subject to the condition and acceptance of the proffered condition
on pages 2 through 4.
AYES: Messrs. Cunningham, Gecker and Litton.
ABSTENTIONS: Messrs. Gulley and Marsh.
Board of Supervisors' Meeting (1/26/00):
Due to inclement weather, the Board deferred this case to February 9, 2000.
The Board of Supervisors, on Wednesday, February 9, 2000, beginning at 7:00 p.m., will take
under consideration this request.
12 00SN0126/WP/FEB9I
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Case #: 00SN0126 (AMENDED)
Rezoning: ~i I-3 W/PROFFERS
~ I-1 TO I-3 W/C.U,P.D.
Sheet #: 27
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February 8, 2000
VIA HAND DELIVERY
AND U.S. CERTIFIED MAIL
Mr. Michael B. Hamar
Tavss, Fletcher, Maiden, and King, P.C.
Post Office Box 3747
Norfolk, Virginia 23514
Dear Mr. Haman
On January 13, 2000 1 received three copies of a letter that alleged that I was "circulatin..g
untruths about TFC in general and its operations in Chesterfield County in particular,
including allegations of (I) questionable character and (II) building code and/or zoning
violations." Also copied on that letter was my father, Ashley Weatherford. I was
initially befuddled as to why I received the letter and perplexed as to why a member of
my family was copied on that letter.
I have attached a citizen complaint that I handed to Mr. William D. Dupler, Building
Official, County of Chesterfield. That is my response to the letter I received from you on
January 13, 2000.
Inc. Citizen Complaint
CC:
Ashley Weatherford
Michael Benedetto
Richard (Dickie) King Jr.
February 8, 2000
VIA HAND DELIVERY
Mr. William D. Dupler
Building Official
County of Chesterfield
Department of Building Inspections
P.O. Box 40
Chesterfield, Virginia 23832
Dear Mr. Dupler:
I would like to make an official citizen compliant against Tidewater Fibre Corp located at
14500 Jefferson Davis Highway, Chester, Virginia.
On January 18, 2000 1 requested (document 1) under the Virginia Freedom of
Information Act the following information on Tidewater Fibre Corp or ANY business
representing 14500 Jefferson Davis Highway during the period of April 1999 through
January 17, 2000:
The issuance or denial of any application(s) or permit(s) for the following:
a.) Above ground fuel storage
b.) Electrical permits
c.) Any building renovations
On Saturday, January 29, 2000 1 received a letter (document 2) with your response to the
above request, the letter stated, "We have not received any permit applications for 14500
Jefferson Davis Highway from April 1999 to date."
I am very concerned for the current Tidewater Fibre Corp employees located at 14500
Jefferson Davis Highway. I have first hand knowledge of Tidewater Fibre Corp
"knowingly and willingly" circumventing Chesterfield County's permitting processes. I
have enclosed a letter (document 3) that I sent to what I feel is one of the most
respectable contractors in the Richmond area, W.J. Rapp. I have also enclosed their
response (document 4). These letters will explain my first hand knowledge in addition to
the building renovations that were done to that facility.
The following are my concerns:
The pits that were dug and reinforced at the 14500 Jefferson Davis Highway
facility were not permitted nor inspected. The pit that is 60 feet long by 6 feet
wide by 6-8 feet deep, has above ground sorting ~platform structures
surrounding both sides that could be occupied by as many as 30 people at one
time. Since no permits were obtained then there are no engineered drawing~
to assure that: (1) the pits were reinforced correctly, (:~) there is not an
excessive "load bearing' on those pit walls.
The entire processing portion of the facility was rewired without electrical
permits or inspections. I am talking about a major rewiring job. Tidewater
Fibre Corp services 204,000 households bi-weekly in Central Virginia for
curbside recycling. On an average day they dump 70 tons of residential mix
paper inside that facility. A facility that does not have an overhead sprinkler
system. It only takes one spark or a small amount of heat to ignite paper.
As an employee with Tidewater Fibre Corp I expressed these concerns to the General
Manager and the Vice-President. I was basically told not to "worry about it".
Unfortunately, I have worried about this from the outset. My employment came to an
end with Tidewater Fibre Corp on October 14, 1999. Although, I have known about
these violations for quite some time I did not know how to go about insuring the
employees safety at that facility while at the same time not bringing to much attention to
myself and my family.
On January 11, 2000 1 was contacted by Mr. Richard (Dickie) King Jr. who is '
representing a group of Chesterfield County residents who are opposed to having some
land re-zoned on Old Stage Road that Tidewater Fibre Corp owns. Mr. King told me that
he heard from someone that I might have some information that could help them. He told
me that he had mentioned my name to Tidewater Fibre Corp officials in an audio taped
meeting. Mr. King simply asked them, "Do you know a gentlemen by the name John
Weatherford." In which they responded, "Yes." Mr. King said that it wasn't their verbal
response that made him believe that I had information that could help them, it was the
look on their face when he mentioned my name to them. That question apparently caused
some concern within Tidewater Fibre Corp.
On January 13, 20001 received three copies of a letter from Tidewater Fibre Corp's
corporate counsel (document 5) and they copied my father, Ashley Weatherford. I was
very shocked to receive this letter because I had made zero comments about Tidewater
Fibre Corp to anyone.
I met with Mr. King and showed him the letter from Tidewater Fibre Corp's corporate
counsel. He explained to me that I did not have to tell him anything. I told him that I
was tired of being "strong armed" by Tidewater Fibre Corp. I asked him if there was a
way that I could go to the Chesterfield County Courthouse to find out if what I knew Was
true. After, I explained to him the violations I thought to be true', he said I could request
that information under the Virginia Freedom of Information Act, which has brought me
to this point. The guidance I have received from Mr. Richard (Dickie) King, Jr. has been
greatly appreciated and what he is doing for the group of Chesterfield County residents is
very honorable.
I may be viewed as a disgruntled or vengeful former employee, however; I feel I am
doing what is right. I am now relieved that I have shared the permit violations that I have
known for quite some time. I am sure that Chesterfield County requires the permit
process so as to insure safety of buildings and residential properties. I am confident that
you will see that the right thing is done to insure the safety of the employees at Tidewater
Fibre Corp. I realize that some of the information contained in this letter you did not
need. Due to the circumstances, I felt it needed to be provided to establish my credibility
and so it could be placed on public record.
Thank you for your attention to this matter.
Chesterfield County Resident
Inc.documents 1-5
Sanuary 18, 2000
William D..Duper
Building Official
County of Chesterfield
Department of Building Inspections
P.O. Box 40
Chesterfield,. Virginia 23832
John A. Weatherford
6401 Trailview Circle, 103
Chester, Virginia 23831
Dear Mr. Duper:
Under the Virginia Freedom of Information Act, I request the foliowing information on
Tidewater Fiber Corp located at 14500 Jefferson Davis Highway, Chester, Virginia
23831 or ANY Business representing that location during the period of April 1999 to
January 17, 2000.
.1.
The issuance or denial of any application (s) or permit (s) for the following:
a.) Above Ground Fuel Storage
b.) Electrical Permits,
c.) Any Building Renovations
It is ~ay understanding that I can expect a response from the County within 5 working
days. This is of great importance to me and if there should be a cost for the printing of
information please accept my willingness to pay. Please call if there is a need.
Chesterfield County Resident
Received by:
Date:
BOARD OF SUPERVISORS
HARRY G. DANIEL
CHAIRMAN
DALE DISTRICT
ARTHUR S. WARREN
VICE CHAIRMAN
CLOVER HILL DISTRICT
J. L. McHALE, III
BERMUDA DISTRICT
RENNY BUSH HUMPHREY
MATOACA DISTRICT
EDWARD B. BARBER
MIDLOTHIAN DISTRICT
CHESTERFIELD COUNTY
DEPARTMENT OF BUILDING INSPECTION
P.O. ROX 40
CHESTERFIELD, VIRGINIA 23832-0040
WILLIAM D. DUPLER, BUILDING OFFICIAL
PHONE: 748-1057; FAX:(804) 751-471 3
January 18, 2000
LANE B. RAMSEY
COUNTY ADMINISTRATOR
John A, Weatherford
6401 Trailview Circle, 103
Chester, VA 23831
Re:
Your Freedom of Information Act Request
14500 Jefferson Davis Highway
Dear Nr. Weatherford:
This is in response to your January 18, 2000 Freedom of Information Act request.
We have not received any permit applications for 14500 Jefferson Davis Highway from April 1999 to
date.
Cordially,
jW-C
/A:W16j,wddjaw, FOl& 14500JeffDavisHwy
6401 Trailview Circle #I03
Chester, VA 23831
(804) 334-6823
W.J. Rapp
Richmond, VA
Dear W.J. Rapp:
During the second week of May 1999, I (while employed as Operations Manager
for Tidewater Fibre Corp) was asked by Tidewater Fibre Corp to call and find a
contractor to come out and give a quote on having two pits dug at the Tidewater
Fibre Corp location of 14500 Jefferson Davis Highway, Chester, Virginia. I
received W.J. Rapp's name from a friend who had said that you where a very
reputable company. I called W.J. Rapp and asked if a representative from your
company could come out to the Tidewater Fibre Corp location and give us a quote
on having these pits dug and reinforced by June 1, 1999. Mr. Winder was the W.J.
Rapp representative that came out to give the quote on having the pits dug. He
explained that W.J. Rapp was very busy and that it would be extremely difficult to
have the pits dug and reinforced by June 1, 1999. The approximate dimensions of
the pits were (1) 60 feet long by 6 feet wide by 6-8 feet deep (2) 12 feet long by 6
feet wide by 6-8 feet deep. Mr. Winder also said that W.J. Rapp could break the
concrete and dig the pit~s, but they would not begin to start reinforcing the pit until
building permits had been secured which included engineered drawings on how to
reinforce the pits. Mr. Winder stated that the permit approval process was at 5-7
days in Chesterfield County.
What I need from W.J. Rapp is a letter confirming that Mr. Winder did in fact
communicate the above and anything that Mr. Winder may remember regarding
those days events at Tidewater Fibre Corp, 14500 Jefferson Davis Highway,
Chester, Virginia.
Thank you very much for your attention to this request. It is of great importance
to me.
3~m~A.~~Weatherford
John A. Weatherford
6401 Trailview Circle # 103
Chester. Va. 23831
1/2
Mr. Wcathefford.
I have received your letter of 1/I 9/00. I coucur with the basic contour of thc letter, and will hereby trS.' Io
provide file details that I remember.
I did. at your request, visit tile site at 14500 Jefferson Davis Highway. To tile best of lnv rccollcction, the
visit took place in May, though I can't say exactly which day. When I arrived on site. v'ou were present and
a gentleman from tile equipment supplier was present. I recall that the other gentlema'u possibly was from
Baltimore. but I dou't recall the name of his company.
Once you had described lhe project to mc. 1 told you fllat wc were very busy. and could not meet a
completion date of June l'~t. l also asked you about engineered drawings and a building permit. The
drawings were necessary to obtain the permit and to ensure the proper construction of tile pits. As I rccail.
you didn't have any knowledge of any existing drawings or whether or not a p~nnit process had beeu
started. You placed a phone call to your boss, in Virginia Beach, and asked about drawings and permits.
You told me flint your boss had told you on the phone that he would handle those items, but he did not have
drawings or permits in hand. I told you that since you didn't even have drawings, there was no wav to
obtain a permit and complete the project within your timeframe. I then gave you some names of e~ginccrs
to contact, wished you luck and left the site. I did not have any further dealings with the project, nor with
your company.
Tiffs is everything that I recall about tile meeting that you have asked about. I do not have ally notes.
sketches or other paperwork referring to this meeting.
Sincerely,. . ,, ..c.: .....
David Winder
608 Marx. St. · Richmond, VA 23224 · Office: (804) 231-4201 · Fax: (804) 232-4844
www.wirapp.com, wjrappco@aol.com
RICHARD J. TAVSS
~ R. FLETCHER'
RAY W. laNG
BESIAJ~E TAVSS MA/DEN
J,,,YO.IAEL B. ~
KEVIN J. O'LEARY
CHRISllANNA IL DOUGHERTY
TAVSS,
FLETCHEI ,
DEN
KING, P.C.
FIR.ST VIRC_~NIA BA~IIC TOV~.R
555/~AAIN STREET
NORr-CY~, VIRGINIA 23510
TEl' 757-625-1214
REPLY TO:
POST OFFICE BOX 3747
NORFOLK, VIRGINIA 23514
FAX: 757-622-7295
E MAIL: TAVSStJTAVSS.COM
January 12, 2000
VIA FACSIMILE/HAND DELIVERY,
OVERNIGHT DELIVERY
AND U.S. CERTIFIED MAIL
Mr. John A. Weatherford
6401 Trailview Circle, Apt. 103
Chester, Virginia 23831
Dear Mr. Weatherford:
Re:
Malicious Statements Against and
Denigration of Tidewater Fibre Corp.
This firm serves as corporate counsel to Tidewater Fibre Corp. ('q'FC") and its
affiliated entities. Unfortunately, it has come to my client's attention that you have been
circulating untruths about TFC in general and its operations in Chesterfield County in
particular, including allegations of (i) questionable character and (ii) building code and/or
zoning violations. Such actions are apparently motivated by a desire for revenge against
TFC for your termination for cause as TFC's Operations Manager of TFC's interim facility
in Chester, Virginia. You have been identified to TFC by name as the perpetrator of such
malicious and false statements.
As a result of your unwarranted conduct, TFC has experienced unnecessary cost
and expense, as well as delays in its business operations. Please be advised that if your
wrongful acts and libelous statements do not cease immediately, TFC will have no choice
but to take appropriate action to (i) protect its :name and reputation and (ii) recover against
you personally for the consequences of your malicious conduct.
My client sincerely hopes that it will not be necessary to take such further actions.
Should you wish to discuss this situation, please contact the undersigned.
Very truly yourS,,
Michael B. Hamar
cc: Michael Benedetto
Ashley Weatherford