2008-09-24 MinutesBOARD OF SUPERVISORS
MINUTES
September 24, 2008
Supervisors in Attendance: Staff in Attendance:
Mr. Arthur S. Warren, Chairman Ms. Janice Blakley,
Mr. Daniel A. Gecker, Vice Chrm. Clerk to the Board
Ms. Dorothy Jaeckle Mr. George Braunstein,
Mr. James "Jim" Holland Exec. Dir., Community
Ms. Marleen K. Durfee Services Board
Mr. Kevin Bruny, Dean,
Mr. James J. L. Stegmaier Chesterfield University
County Administrator Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Jana Carter, Dir.,
Juvenile Services
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Barry Condrey, Chief
Information Officer
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.
Intergovtl. Relations
Mr. Will Davis, Dir.,
Economic Development
Ms. Rebecca Dickson, Dep.
County Administrator,
Human Services
Mr. William Dupler,
Building Official
Colonel Thierry Dupuis,
Police Department
Chief James E. Graham,
Fire Department
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Right-of-way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. William E. Johnson,
Deputy County Admin.,
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Director,
General Services
Ms. Mary Lou Lyle, Dir.,
Accounting
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Mr. M. D. Stith, Jr.,
Deputy County Admin.,
Community Development
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Mr. Kirk Turner, Dir.,
Planning
Mr. Scott Zaremba, Asst.
Dir., Human Resource
Management
Mr. Warren called the regularly scheduled meeting to order at
3:06 p.m.
1. APPROVAL OF MINUTES FOR AUGUST 27, 2008
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved the minutes of August 27, 2008, as amended.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
Mr. Stegmaier provided an update on several of the "Top 40"
critical projects being worked on by county staff, to include
the status of the Amelia Reservoir Project, the postal zip
codes, the Citizen Budget Advisory Committee, and budget
concerns in relation to the state budget shortfalls expected.
In response to Ms. Durfee's question, Mr. Stegmaier stated
the county has not had discussions with Prince Edward County
because the engineering on the facility is not complete, and
there is a possibility a portion of the reservoir will not be
in Prince Edward County.
3. BOARD MEMBER REPORTS
Mr. Holland stated the county is constantly reviewing the
budget and is prepared to make adjustments as it goes forth,
and the county's investments are financially sound. He
expressed appreciation to the citizens who attended the Dale
District Community meetings relating to the voting precinct
changes at Meadowbrook High School and Hening Elementary
School. He requested to have the Registrar and/or Chairman
of the Electoral Board present and provide an update at the
October 22, 2008 Board meeting. He stated there will be
another community meeting held at the Meadowbrook Country
Club on October 23, 2008.
Ms. Durfee stated there are three precincts in the Matoaca
District being affected by changes. She further stated town
hall meetings are scheduled on September 29, at Matoaca High
School, October 13, at Second Branch Baptist Church, October
20, at Cosby High School, and October 27, at Evergreen
Elementary School, to ensure the citizens are aware of the
changes.
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Mr. Warren expressed appreciation to Mr. Stegmaier for the
budget update provided to the Board and requested a further
update in October.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On• motion of Mr. Gecker, seconded by Mr. Warren, the Board
deleted Item 8.C.2., Approval of a Lease of Real Property
Located at 3500 Courthouse Road for Use as a Fire Station;
replaced Item 8.C.l.c., Adoption of Resolution Confirming
Proceedings of the Chesterfield Economic Development
Authority for Approval of the Application of the Colonial
Ridge Apartments, LP for Issuance of Tax-Exempt Revenue Bonds
to Assist the borrower in Acquiring, Renovating and Equipping
a Multifamily Housing Development; replaced Item 8.C.9.d.,
Request to Quitclaim A Portion of a Twenty-Foot Sewer
Easement, a Sixteen-Foot Drainage Easement and a Variable
Width Sewer Easement Across the Property of MTC-East, LLC;
added Item 8.C.16., Request for Music/Entertainment Festival
Permit for the Annual Magnificent Midlothian Food Festival;
moved Item 18.C., Public Hearing to Consider Amendments to
the Ordinance on Real Estate Tax Relief for the Elderly to
follow Item 16., Public Comment Period; and moved Item 17.D.,
Case 07SN0340, Francis Beers, to the end of the Zoning Cases.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
5. RESOLUTIONS
5.A. RECOGNIZING MR. CHARLES H. FOSTER, JR. FOR HIS SERVICE
AS A MEMBER OF THE RICHMOND METROPOLITAN AUTHORITY
BOARD OF DIRECTORS
Mr. Pete Stith introduced Mr. Charles Foster, Jr., who was
present to receive his resolution.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Mr. Charles H. Foster, Jr. has served as a
Chesterfield County representative to the Richmond
Metropolitan Authority Board of Directors since September of
1993; and
WHEREAS, Mr. Foster was a dedicated member of the
Richmond Metropolitan Authority Board who kept Chesterfield
County foremost in his thoughts and actions; and
WHEREAS, Mr. Foster's business and finance skills
enabled him to provide wise counsel in matters pertaining to
the board; and
WHEREAS, Mr. Foster, as chairman of the Finance
Committee, provided invaluable knowledge in the area of
economics to the Richmond Metropolitan Authority Board; and
WHEREAS, Mr. Foster supported the Richmond Metropolitan
Authority capital improvement program and served as chairman
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of the Richmond Metropolitan Authority Board and its
Nominating Committee; and
WHEREAS, Mr. Foster brought diverse positions together
to a common ground, keeping the region's best interest at
heart.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 24th day of September 2008,
publicly recognizes Mr. Charles H. Foster, Jr. and extends
appreciation for his fifteen years of dedicated service to
the county and the Richmond Metropolitan Authority.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Mr. warren presented the executed resolution to Mr. Foster,
accompanied by Mr. Dick white, and expressed appreciation to
Mr. Foster for his commitment to the Richmond Metropolitan
Authority and Chesterfield County.
Mr. Dick White expressed appreciation to Mr. Foster for his
years of work with the Richmond Metropolitan Authority.
5.B. RECOGNIZING CAPTAIN PAIGE W. "CHIP" FOSTER, POLICE
DEPARTMENT, UPON HIS RETIREMENT
Colonel Dupuis introduced Captain Paige "Chip" Foster, who
was present, along with his wife, to receive his resolution.
On motion of Mr. Warren, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Captain Paige W. "Chip" Foster retired from the
Chesterfield County Police Department on September 1, 2008,
after providing 27 years of quality service to the citizens
of Chesterfield County; and
WHEREAS, Captain Foster has faithfully served the county
in the capacity of patrol officer, investigator, sergeant,
lieutenant, and captain; and
WHEREAS, Captain Foster has served in numerous
assignments throughout his career at the Police Department to
include field training officer, Traffic Accident Reduction
Team (TART) member, SWAT team member, shift administrative
sergeant, search coordinator, Special Response Unit (SRU)
commander, inspector - Office of Professional Standards and
watch commander; and
WHEREAS, Captain Foster served with dedication in the
Criminal Investigations Division as a sergeant, lieutenant,
and captain; and
WHEREAS,. Captain Foster was one of the first members of
the newly created TART team; and
WHEREAS, Captain Foster was committed to the total
quality initiative and as such always promoted exceptional
customer service and continuous improvement and learning, and
Captain Foster served two terms on the Police Quality Council
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and is a graduate of the Chesterfield County TQI University;
and
WHEREAS, Captain Foster has received numerous letters of
thanks and appreciation for service rendered from the
citizens of Chesterfield County; and
WHEREAS, Captain Foster has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Captain Foster's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 24th day of September 2008,
publicly recognizes Captain Paige W. "Chip" Foster, 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 copy of this
resolution be presented to Captain Foster, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
All of the members of the Board congratulated Captain Foster
on his retirement.
Mr. Warren presented the executed resolution to Captain
Foster and expressed appreciation to him for his years of
service to the county.
Mr. Stegmaier presented the acrylic statue and county watch
to Mr. Foster and expressed appreciation for his years of
dedicated service to the county.
6. WORK SESSIONS
There were no work sessions scheduled.
7. DEFERRED ITEMS
7.A. CONSIDERATION OF ROAD IMPACT FEES
Mr. Carmody provided information regarding the Impact Fee
Ordinance. He stated Version B of the ordinance incorporates
feedback from the public hearings previously held. He
further stated if the ordinance is approved, a $5,820 impact
fee will be placed on properties zoned but not yet recorded
on the subdivision plat.
Ms. Durfee expressed concerns relative to how the road impact
fee project list was put together.
In response to Ms. Durfee's question, Mr. Carmody stated the
project list provided to the Board with the agenda item had
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not been prioritized, but instead was used as the basis for
the impact fee calculation.
Ms. Durfee stated she would like an opportunity to study
these road projects further.
Mr. Warren stated he spoke with Board members from other
localities at the VACo meeting and many of them feel the road
impact fee structure is inadequate. He further stated the
majority of the other localities in Virginia able to impose
impact fees have not taken action at this time. He stated he
believes the county should not move forward on the road
impact fees due to the Board's recent action to increase the
cash proffer.
In response to Mr. Warren's question, Mr. Stegmaier stated
the road impact fee would primarily impact the lots created
by zoning prior to adopting the cash proffer system.
Mr. Warren requested the Board to not take any action on the
road impact fees until a later time.
In response to Ms. Durfee's questions, Ms. Curtin stated
Senate Bill 768 was carried over into a legislative study
committee which should be complete in the next two years.
In response to Ms. Durfee's question, Mr. Carmody stated
approximately 9,000 lots would be affected by the road impact
fees.
Ms. Durfee expressed concern relating to the county not
considering the road impact fee. She stated this could be an
opportunity to secure funding for transportation if the
sprawl continues.
In response to Mr. Holland's question, Mr. Carmody stated the
impact fee would be assessed on the property during the
subdivision process with payments being collected at the time
of building permit application. He further stated the impact
fee amount would be updated every two years.
Mr. Micas stated the exemption process of a lot depends on
the time of the recordation of the lot.
In response to Ms. Durfee's question, Mr. Carmody stated part
of the overall larger strategy for road funding is to find a
position all stakeholders would be willing to support.
In response to Mr. Gecker's question, Mr. Carmody stated it
would take approximately seven to ten years before impact fee
revenue would reach $5 million annually due to the existing
inventory of recorded non-cash proffer lots.
Mr. Gecker expressed objections to raising money without a
real plan on how to spend it or not having a commercial
component included. He stated a regional funding mechanism
would return substantial funding to the county.
Ms. Durfee stated she wanted to make it clear to the Board
that she does not want the road impact fees to be done away
with.
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On motion of Mr. Warren, seconded by Mr. Gecker, the Board
took no action on the road impact fees.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
7.B. DESIGNATION OF A VIRGINIA DEPARTMENT OF TRANSPORTATION
SIGHT DISTANCE EASEMENT ALONG GENITO ROAD
Mr. Stith stated the applicant has requested to withdraw this
request.
Mr. Andy Scherzer, the applicant's representative, stated the
applicant wished to withdraw the easement request due to the
sight easement not being necessary.
Ms. Andrea Epps stated the community can work with Village
Bank to reach a solution. She further stated the easement on
the property is between the county and the telephone company
and it would allow the telephone company to build anything.
She requested the Board to urge Village Bank to work in good
faith with the community to improve access and visibility.
Mr. Warren stated a meeting was held and the situation was
discussed, and a future meeting is planned with the
Brandermill Community Association, Balzer and Associates, and
Village Bank.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
acknowledged withdrawal of the request for designation of a
Virginia Department of Transportation sight distance easement
along Genito Road.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.A. APPOINTMENTS
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
suspended its rules to allow simultaneous nomination/
reappointment of members to serve on various committees.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.A.1. VIRGINIA'S GATEWAY REGION BOARD
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
simultaneously nominated/appointed Mr. Gary Thomson and Mr.
James Holland to serve on the Virginia's Gateway Region
Board, whose terms are effective September 30, 2008, and will
expire September 30, 2009.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.A.2. SAFE BOARD OF DIRECTORS
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On motion of Mr. Gecker, seconded by Mr. Durfee, the Board
simultaneously nominated/reappointed Mr. Imad Damaj to serve
on the SAFE Board of Directors, whose term is effective
October 1, 2008, and will expire September 30, 2011.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.B. STREETLIGHT INSTALLATION COST APPROVALS
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved the following streetlight installations:
BERMUDA DISTRICT
• In the Rayon Park subdivision, on Rycliff Avenue in the
vicinity of 2915
Cost to install streetlight: $1,834.28
• On Reymet Road, in the vicinity of 2001, on the existing
pole
Cost to install streetlight: $293.28
• On Kingsland Road, in the vicinity of 3440, on the
existing pole
Cost to install streetlight: $221.71
DALE DISTRICT
• In the Drewrys Bluff subdivision, on Bluffside Drive in
the vicinity of 3501, on the existing pole
Cost to install streetlight: $293.32
MATOACA DISTRICT
• A request to incorporate an existing roadside private
light located in the vicinity of 20406 Church Road into
the county streetlight program. There are no
installation or transfer costs; however, approval will
increase streetlight electrical service charges by
$75.00 per year.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C. CONSENT ITEMS
8.C.1. ADOPTION OF RESOLUTIONS
8.C.l.a. RECOGNIZING OCTOBER 5-11, 2008, AS "FIRE PREVENTION
WEEK"
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the County of Chesterfield is committed to
ensuring the safety and security of all those living in and
visiting our county; and
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WHEREAS, fire is a serious public safety concern both
locally and nationally, and the home is where people are at
greatest risk from fire; and
WHEREAS, according to the National Fire Protection
Association, home fires killed more than 2,500 people in the
United States in 2006, and fire departments in the United
States responded to nearly 400,000 home fires; and
WHEREAS, the members of Chesterfield Fire and Emergency
Medical Services are dedicated to reducing the occurrence of
home fires and home fire injuries through education,
prevention and protection; and
WHEREAS, Chesterfield County residents are responsive to
public education measures and are able to take personal steps
to increase their own safety from fire; and
WHEREAS, using proper fire prevention practices will
reduce the home fire problem; and
WHEREAS, each home fire that is prevented in
Chesterfield County is also an opportunity to prevent painful
injury and costly property damage; and
WHEREAS, the 2008 Fire Prevention Week theme, "Prevent
Home Fires" effectively serves to remind us all of the simple
actions we can take to stay safer from fire year-round.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes October 5-11, 2008, as
"Fire Prevention Week," and urges all people of Chesterfield
County to heed the important safety messages of Fire
Prevention Week 2008, and remain vigilant year-round to
prevent fires in the home.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.l.b. RECOGNIZING OCTOBER 5-11, 2008, AS "PARALEGALS'
WEEK" IN CHESTERFIELD COUNTY
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, legal assistants and paralegals provide skilled
and essential professional services to licensed attorneys
throughout Virginia; and
WHEREAS, legal assistants and paralegals receive formal
education and training and gain valuable experience working
under the supervision of licensed attorneys; and
WHEREAS, the Virginia Alliance of Paralegals
Associations (NAPA) issues educational standards and
professional guidelines to ensure that legal assistants are
competent and knowledgeable about their field; and
WHEREAS, the research and administrative work performed
by legal assistants and paralegals are essential to the
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ability of attorneys to provide their clients with quality
legal services and representation; and
WHEREAS, VAPA member organizations sponsor educational
programs, seminars and forums designed to bring legal
assistants together to exchange ideas and methods used in
their occupation; and
WHEREAS, the VAPA encourages legal assistants and
paralegals to adhere to a high degree of ethical and
professional conduct and proficiency by issuing a code of
ethics for legal assistants and paralegals to practice.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes October 5-11, 2008, as
"Paralegals' Week" in Chesterfield County and calls its
significance to the attention of all its citizens.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.l.c. CONFIRMING PROCEEDINGS OF THE CHESTERFIELD ECONOMIC
DEVELOPMENT AUTHORITY FOR APPROVAL OF THE
APPLICATION OF THE COLONIAL RIDGE APARTMENTS, LP
FOR ISSUANCE OF TAX-EXEMPT REVENUE BONDS TO ASSIST
THE BORROWER IN ACQUIRING, RENOVATING AND EQUIPPING
A MULTIFAMILY HOUSING DEVELOPMENT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Economic Development Authority of the
County of Chesterfield (the "Authority") proposes to issue
its tax-exempt multi-family housing revenue bonds in an
amount estimated at $13,000,000 (the "Bonds") to finance
costs of acquiring, renovating and equipping a 192-unit
multifamily housing development (the "Project") known as
Colonial Ridge Apartments located at 15101 Lorimer Road in
Chesterfield County, Virginia, and for the benefit of
Colonial Ridge Apartments, LP, a Washington limited
partnership (the "Borrower"), or an affiliate thereof or a
related person thereto or other similarly named entity formed
by Affordable Housing Associates; and
WHEREAS, on August 21, 2008, the Authority held a public
hearing on the issuance of the Bonds; and
WHEREAS, the Authority has recommended that the Board of
Supervisors of Chesterfield County, Virginia (the "Board"),
approve the issuance of the Bonds; and
WHEREAS, a copy of the Authority's resolution approving
the proposed Bonds, a record of the public hearing and a
"fiscal impact statement" with respect to the Project have
been filed with the Board.
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
CHESTERFIELD COUNTY, VIRGINIA: 1. The Board hereby approves
the issuance of the Bonds and the loan of the proceeds of the
Bonds to the Borrower as proposed by the Authority, to the
extent required by Section 147(f) of the Internal Revenue
Code of 1986, as amended, and Sections 15.2-4906 of the
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Virginia Code of 1950, as amended. 2. Approval of the
issuance of the Bonds, as required by Section 15.2-4906 of
the Act and Section 147(f) of the Internal Revenue Code, does
not constitute an endorsement of the Bonds or the
creditworthiness of the Borrower. Pursuant to the Act, the
Bonds shall provide that neither Chesterfield County,
Virginia, nor the Authority shall be obligated to pay the
principal and the premium, if any, of the Bonds or the
interest thereon or other costs incident thereto except from
the revenues and moneys pledged therefor, and that neither
the faith or credit nor the taxing power of the Commonwealth
of Virginia, Chesterfield County, Virginia, or the Authority
shall be pledged thereto. 3. This resolution shall take
effect immediately upon its adoption.
Ayes: Warren, Decker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.3. APPROPRIATION OF CONTINUATION GRANT FUNDS AND LOCAL
MATCHING FUNDS FOR THE SHERIFF'S OFFICE JAIL
MANAGEMENT SYSTEM REWRITE PROJECT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
appropriated $75,000 in grant funds from the Department of
Criminal Justice Services and $25,000 in local matching
funds.
Ayes: Warren, Decker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.4. AWARD A CONTRACT TO CHINN-RIDGE CONSTRUCTION COMPANY
FOR THE REPLACEMENT OF THE HVAC EQUIPMENT, ROOF
MEMBRANE, AND WINDOWS IN THE SMITH-WAGNER BUILDING
On motion of Mr. Decker, seconded by Mr. Holland, the Board
authorized the County Administrator to execute a contract
with Chinn-Ridge Construction Company for the replacement of
the HVAC equipment, roof membrane, and windows of the Smith-
Wagner Building, which houses the Social Services and Health
Department Buildings, in the amount of $1,492,000.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.5. SET DATE FOR PUBLIC HEARING TO CONSIDER FY2010
ENHANCEMENT PROJECTS
On motion of Mr. Decker, seconded by Mr. Holland, the Board
set October 8, 2008, as a public hearing for the Board to
consider FY2010 Enhancement Projects.
Ayes:
Nays:
8.C.6.
Warren, Decker, Jaeckle, Holland, and Durfee.
None.
REQUEST OF CHESTERFIELD COUNTY CHAMBER OF COMMERCE TO
AMEND THE DATE OF THE MUSIC ENTERTAINMENT FESTIVAL
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PERMIT FOR CELEBRATION OF THE VINE WINE FESTIVAL FROM
APRIL 25, 2009 TO APRIL 18, 2009
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
amended the permit date to permit the Celebration of the Vine
Wine Festival to be held on April 18, 2009.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.7. APPROPRIATION OF ROAD CASH PROFFERS AND
AUTHORIZATION TO PROCEED WITH THE DESIGN,
ENVIRONMENTAL CLEARANCE, RIGHT-OF-WAY ACQUISITION
AND CONSTRUCTION ADVERTISEMENT OF THE COURTHOUSE
ROAD SPOT IMPROVEMENT PROJECT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
appropriated $1,000,000 in road case proffers from Traffic
Shed 3 for the Courthouse Road Spot Improvement Project
(Providence Road, Dakins Road and north of Lucks Lane);
authorized the County Administrator to proceed with the
design, environmental permits, right-of-way acquisition,
including advertisement of an eminent domain public hearing
if necessary, and advertisement of construction contract; and
authorized the Chairman of the Board of Supervisors and
County Administrator to execute easement agreements for
relocation of utilities.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.8. AWARD OF CONSTRUCTION CONTRACTS
8.C.8.a. FOR THE QUALLA ROAD AT BELCHERWOOD ROAD SAFETY
PROJECT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the County Administrator to award a construction
contract to Branscome, Inc. in the amount of $268,825, for
the Qualla Road at Belcherwood Road Safety Project, upon
receiving VDOT's authorization to award the contract.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.8.b. FOR THE PROCTORS CREEK WASTEWATER TREATMENT PLANT
FINE SCREENS BUILDING
On motion of Mr. Gecker, seconded
awarded a construction contract to
in the amount of $8,227,909.00,
Wastewater Treatment Plant Fine
authorized the County Administrator
documents.
~y Mr. Holland, the Board
Southwood Builders, Inc.
for the Proctors Creek
Screens Building, and
to execute the necessary
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.9. REQUESTS TO QUITCLAIM
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8.C.9.a. A PORTION OF A TWENTY-FOOT SEWER EASEMENT, AND A
VARIABLE WIDTH SEWER AND DRAINAGE EASEMENT ACROSS
THE PROPERTY OF WINTERVEST, LLC
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 20-foot sewer easement, and a variable width
sewer and drainage easement across the property of
Wintervest, LLC. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.9.b. A VARIABLE WIDTH DRAINAGE EASEMENT (PRIVATE)
ACROSS THE PROPERTY OF F AND C, L.L.C.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
variable width .drainage easement (private) across the
property of F and C, L.L.C. (It is noted a copy of the plat
is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.9.c. A PORTION OF A SIXTEEN-FOOT SEWER EASEMENT ACROSS
THE PROPERTY OF IRONBRIDGE CORNER, L.C.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a sewer easement across the property of Ironbridge
Corner, L.C. (It is noted a copy of the plat is filed with
the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.9.d. A PORTION OF A TWENTY-FOOT SEWER EASEMENT, A
SIXTEEN-FOOT DRAINAGE EASEMENT AND A VARIABLE WIDTH
SEWER AND DRAINAGE EASEMENT ACROSS THE PROPERTY OF
MTC-EAST, LLC
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 20-foot sewer easement, a 16-foot drainage
easement and a variable width sewer and drainage easement
across the property of MTC-East, LLC. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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09/24/08
8.C.10. APPROVAL OF THE PURCHASE OF A PARCEL OF LAND
ADJACENT TO BENSLEY PARK
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved the purchase of a parcel of land containing one acre
more or less, with improvements, for $200,000.00, from Esther
O. Woodward and authorized the County Administrator to
execute the sales contract and deed.
Ayes: warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.11. REQUESTS FOR PERMISSION
8.C.ii.a. FROM BRIAN L. AND LYNN M. COULMAS FOR A PROPOSED
PICKET FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT
DRAINAGE EASEMENT AND TWENTY-FOOT SEWER EASEMENTS
ACROSS LOT 52, TANNER VILLAGE, SECTION A AT
CHARTER COLONY
On motion of Mr. Decker, seconded by Mr. Holland, the Board
approved a request from Brian L. Coulmas and Lynn M. Coulmas
for permission for a proposed picket fence to encroach within
a 16-foot drainage easement and 20-foot sewer easements
across Lot 52, Tanner Village, Section A 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.)
Ayes: Warren, Decker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.ll.b. FROM RAYMOND W. AND KATHLEEN T. CURNOW FOR A
GRAVEL DRIVEWAY TO ENCROACH WITHIN A FIFTY-FOOT
UNIMPROVED COUNTY RIGHT OF WAY KNOWN AS CLIFF
LAWN DRIVE
On motion of Mr. Decker, seconded by Mr. Holland, the Board
approved a request from Raymond W. Curnow and Kathleen T.
Curnow for permission for a gravel driveway to encroach
within a 50-foot unimproved county right of way known as
Cliff Lawn Drive, subject to the execution of a license
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.ii.c. FROM GRAVELY-MELTON LLC TO INSTALL PRIVATE SEWER
AND WATER SERVICES WITHIN PRIVATE EASEMENTS TO
SERVE PROPERTY ON CHITAL DRIVE
On motion of Mr. Decker, seconded by Mr. Holland, the Board
approved a request from Gravely-Melton LLC for permission for
to install private sewer and water services within private
easements and authorized the County Administrator to execute
the sewer and water connection agreement. (It is noted a copy
of the plat is filed with the papers of this Board.)
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Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.ll.d. FROM DONALD E. VAUGHAN FOR AN EXISTING CONCRETE
DRIVEWAY, CARPORT, SHED AND A PROPOSED PRIVACY
FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT EASEMENT
ACROSS LOT 17, BLOCK H, CHIPCHASE AT MINEOLA,
SECTION C
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved a request from Donald E. Vaughan for permission for
an existing concrete driveway, carport, shed and a proposed
privacy fence to encroach within a 16-foot easement across
Lot 17, Block H, Chipchase at Mineola, Section C, subject to
the execution of a license agreement. (It is noted copies of
the plats are filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.12. ACCEPTANCE OF PARCELS OF LAND
8.C.12.a. ALONG OLD HUNDRED ROAD FROM VIRGINIA A. JUSTIS
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
accepted the conveyance of a parcel of land containing 0.176
acres along Old Hundred Road from Virginia A. Justis, 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: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.12.b. ALONG OLD HUNDRED ROAD FROM REDEEMER LUTHERAN
CHURCH
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
accepted the conveyance of two parcels of land containing a
total of 0.397 acres along Old Hundred Road from Redeemer
Lutheran Church, and authorized the County Administrator to
execute the deed. (It is noted copies of the plats are filed
with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.12.c. ALONG RIDGEDALE PARKWAY FROM RICHMOND KICKERS
YOUTH SOCCER CLUB, INCORPORATED
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
accepted the conveyance of a parcel of land containing 0.24
acres along Ridgedale Parkway from Richmond Kickers Youth
Soccer Club, Inc., 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.)
08-649
09/24/08
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.12.d. FOR THE EXTENSION OF RIVER HAVEN AVENUE FROM
RIVERMONT DEVELOPMENT COMPANY, LLC
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
accepted the conveyance of seven parcels of land containing a
total of 2.47 acres for the extension of River Haven Avenue
from Rivermont Development Co., LLC, 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: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.13. ACCEPTANCE OF NUTRIENT CREDIT SERVICE AGREEMENT
WITH THE VIRGINIA NUTRIENT CREDIT EXCHANGE
ASSOCIATION, INCORPORATED
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
accepted the Nutrient Credit Service Agreement with the
Virginia Nutrient Credit Exchange Association, Inc. and
authorized the County Administrator to execute the Nutrient
Credit Service Agreement.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.14. DONATION OF JUDGE'S CHAIR TO VIRGINIA COURT OF
APPEALS
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved the donation of a chair used by Judge Cleo E. Powell
to the Virginia Court of Appeals.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.15. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
BERMUDA DISTRICT IMPROVEMENT FUND TO THE PARKS AND
RECREATION DEPARTMENT FOR RENTAL AND STAFFING
CHARGES FOR USE OF THE BENSLEY COMMUNITY BUILDING
FOR THE VETERAN'S DAY CEREMONY AT BENSLEY PARK
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
transferred $270 in Bermuda District Improvement Funds to the
Parks and Recreation Department to rent a tent and chairs and
pay labor charges for staffing and cleaning the Bensley
Community Building as part of the 2008 Veteran's Day Ceremony
at Bensley Park.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.18. REQUEST FOR MUSIC/ENTERTAINMENT FESTIVAL PERMIT FOR
THE ANNUAL MAGNIFICENT MIDLOTHIAN FOOD FESTIVAL
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On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved a request for a music/entertainment festival permit
for the annual Magnificent Midlothian Food Festival on
October 1, 2008.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
9. REPORTS
9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS
AND LEASE PURCHASES
9.C. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY
SYSTEM
9.D. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD
DETERMINATION FOR CHESTERFIELD COUNTY PARKS AND
RECREATION (CASE 08PD0372) TO PERMIT ACCESS FOR AND
EXPANSION OF THE PLANNED FALLING CREEK NORTH PARK SITE
ON 3.6 ACRES AND AMENDMENT TO SUBSTANTIAL ACCORD
DETERMINATION (CASE 04PD0126) ON 11.5 ACRES RELATIVE
TO PERMITTED USES AND DEVELOPMENT STANDARDS
On motion of Ms. Durfee, seconded by Mr. Gecker, the Board
accepted the following reports: a Report on Developer Water
and Sewer Contracts; a Report on Status of General Fund
Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases; and a Report of
Planning Commission Substantial Accord Determination for
Chesterfield County Parks and Recreation (Case 08PD0372) to
Permit Access for and Expansion of the Planned Falling Creek
North Park Site on 3.6 Acres and Amendment to Substantial
Accord Determination (Case 04PD0126) on 11.5 Acres Relative
to Permitted Uses and Development Standards.
And, further, the following roads were accepted into the
State Secondary System:
ADDITION
LENGTH
BENDAHL VALLEY SECTION A
(Effective 08/19/2008)
Baxter Bridge Drive (Route 7228) - From
Baxter Bridge Place (Route 7229) to Finworth
Lane (Route 7230) 0.06 Mi.
Baxter Bridge Drive (Route 7228) - From
Salem Church Road (Route 642) to Baxter
Bridge Place (Route 7229) 0.09 Mi.
Baxter Bridge Place (Route 7229) - From Baxter
Bridge Drive (Route 7228) to cul-de-sac 0.07 Mi.
Finworth Lane (Route 7230) - From Baxter
Bridge Drive (Route 7228) to temporary end
of maintenance 0.07 Mi.
08-651
09/24/08
Finworth Lane (Route 7230) - From Baxter
Bridge Drive (Route 7228) to cul-de-sac
CAMERON BAY D
(Effective 08/12/2008)
Cameron Bay Drive (Route 5633) - From 0.03
miles west of Walking Path Lane (Route
7025) to Village School Lane (Route 7027)
Cameron Bay Drive (Route 5633) - From Village
School Lane (Route 7027) to temporary end of
maintenance
Summerhouse Court (Route 7267) - From Summerhouse
Lane (Route 7028) to cul-de-sac
Summerhouse Lane (Route 7028) - From Summerhouse
Court (Route 7267) to 0.03 miles west of Walking
Path Lane (Route 7025)
Summerhouse Lane (Route 7028) - From Village
School Lane (Route 7027) to Summerhouse
Court (Route 7267)
Village School Lane (Route 7027) - From 0.02
miles west of Walking Path Lane (Route 7025)
to Cameron Bay Drive (Route 5633)
Village School Lane (Route 7027) - From
Cameron Bay Drive (Route 5633) to Summerhouse
Lane (Route 7028)
Village School Lane (Route 7027) - From
Summerhouse Lane (Route 7028) to cul-de-sac
FOXFIELD
(Effective 08/05/2008)
Quarter Horse Lane (Route 7290) - From Trail
Ride Drive (Route 7289) to cul-de-sac
Quarter Horse Lane (Route 7290) - From Trail Ride
Drive (Route 7289) to Trail Ride Drive
(Route 7289)
Swift Fox Drive (Route 7288) - From Woolridge
Road (Route 668) to 0.02 miles north of Woolridge
Road (Route 668)
Swift Fox Drive (Route 7288) - From 0.06
miles north of Woolridge Road (Route 668) to
0.10 mile north of Woolridge Road (Route 668)
Swift Fox Drive (Route 7288) - From 0.02 miles
north of Woolridge Road (Route 668) to 0.06
miles north of Woolridge Road (Route 668)
Trail Ride Court (Route 7291) - From Trail Ride
Drive (Route 7289) to cul-de-sac
08-652
0.06 Mi.
0.10 Mi.
0.03 Mi.
0.03 Mi.
0.05 Mi.
0.19 Mi.
0.06 Mi.
0.03 Mi.
0.09 Mi.
0.03 Mi.
0.18 Mi.
0.02 Mi.
0.04 Mi.
0.04 Mi.
0.19 Mi.
09/24/08
Trail Ride Drive (Route 7289) - From Swift Fox
Drive (Route 7288) to Quarter Horse Lane
(Route 7290) 0.20 Mi.
Trail Ride Drive (Route 7289) - From Quarter
Horse Lane to Trail Ride Court (Route 7291) 0.26 Mi.
Trail Ride Drive (Route 7289) - From Trail Ride
Court (Route 7291) to Quarter Horse Lane
(Route 7290) 0.05 Mi.
GLENMORE VILLAGE SECTION A
(Effective 08/04/2008)
Wiley Circle (Route 7278) - From Charter Landing
Drive (Route 7277) to 0.04 miles east of Charter
Landing Drive (Route 7277) 0.04 Mi.
Wiley Circle (Route 7278) - From 0.04 miles east of
Charter Landing Drive (Route 7277) to 0.04 miles
east of Charter Landing Drive (Route 7277) 0.30 Mi.
QUALLA FARMS H
(Effective 08/04/2008)
Qualla Farms Court (Route 7284) - From Qualla
Farms Terrace (Route 7283) to cul-de-sac 0.02 Mi.
Qualla Farms Drive (Route 7281) - From Stockport
Drive (Route 5721) to Qualla Farms Terrace
(Route 7283) 0.03 Mi.
Qualla Farms Place (Route 7282) - From Qualla
Farms Terrace (Route 7283) to cul-de-sac 0.03 Mi.
Qualla Farms Terrace (Route 7283) - From Qualla
Farms Court (Route 7284) to cul-de-sac 0.05 mi.
Qualla Farms Terrace (Route 7283) - From Qualla
Farms Drive (Route 7281) to Qualla Farms
Court (Route 7284) 0.04 Mi.
SILVER LAKE @ WATERMILL
(Effective 08/01/2008)
Silverlake Terrace (Route 7285) - From Watermill
Parkway (Route 5583) to cul-de-sac 0.12 Mi.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no speakers at this time.
11. CLOSED SESSION PURSUANT TO SECTION 2-2-3711(A)(5), CODE
OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS PROSPECTIVE
BUSINESSES OR INDUSTRIES LOCATING OR EXPANDING IN THE
08-653
09/24/08
COUNTY WHERE NO PREVIOUS ANNOUNCEMENT HAS BEEN MADE OF
THE BUSINESSES' OR INDUSTRIES' INTEREST IN LOCATING OR
EXPANDING ITS FACILITIES IN THE COUNTY
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
went into Closed Session, pursuant to Section 2.2-3711(A)(5),
Code of Virginia, 1950, as amended, to discuss prospective
businesses or industries locating or expanding in the county
where no previous announcement has been made of the
businesses' or industries' interest in locating or expanding
its facilities in the county.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Reconvening:
On motion of Ms. Durfee, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into Closed Session in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act
effective July 1, 1989 provides for certification that such
Closed Session was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member's
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of
Information Act were discussed in the Closed Session to which
this certification applies, and ii) only such public business
matters as were .identified in the Motion by which the Closed
Session was convened were heard, discussed, or considered by
the Board. No member dissents from this certification.
The Board being polled, the vote was as follows:
Ms. Jaeckle: Aye.
Ms. Durfee: Aye.
Mr. Holland: Aye.
Mr. Gecker: Aye.
Mr. Warren: Aye.
12. DINNER
On motion of Mr. Durfee, seconded by Mr. Gecker, the Board
recessed to the Lane B. Ramsey Administration Building, Room
502, for dinner.
Reconvening:
13. INVOCATION
Reverend Bob Floyd, Retired Army Chaplain, gave the
invocation.
14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
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Mr. Richard McElfish, Director of Environmental Engineering,
led the Pledge of Allegiance to the flag of the United States
of America.
15. RESOLUTIONS
15.A. RECOGNIZING "CHRISTMAS MOTHER DAY" IN CHESTERFIELD
COUNTY
~.
Ms. Dickson introduced Mrs. Carolyn Thompson, who was present
to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, most families in Chesterfield County enjoy
peace and happiness during the Christmas holidays; and
WHEREAS, there are many children, elderly and the less
fortunate, who do not have the means to enjoy this special
time of year; and
WHEREAS, the Chesterfield-Colonial Heights Christmas
Mother Program has successfully provided food, gifts and
clothing to many of our citizens in the past; and
WHEREAS, Mrs. Carolyn Thompson has been elected
Christmas Mother for 2008 and requests support of all the
citizens of Chesterfield County to ensure that those less
fortunate may enjoy this special. season of the year.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 24th day of September 2008,
publicly recognizes October 14, 2008, as "Christmas Mother
Day" and urges all citizens of Chesterfield County to support
this worthy endeavor.
AND, BE IT FURTHER RESOLVED that the Board of
Supervisors publicly commends the Christmas Mother Program
for its successful efforts in past years and extends best
wishes for a successful 2008 season.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mrs. Thompson and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Ms. Jaeckle presented the executed resolution and a
contribution to the Christmas Mother Program to Mrs. Thompson
and expressed appreciation to her for volunteering her time.
Mrs. Thompson stated she is honored to serve as Christmas
Mother for 2008.. She expressed appreciation to the Board for
its continued support.
16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
08-655
09/24/08
Mr. Mike Uzell addressed the Board relating to off-site road
improvements for Branner Station and the lack of information
being presented to the public.
Ms. Jaeckle stated the developer has been delayed due to
trying to find a route for the road.
In response to Ms. Durfee's question, Mr. Uzell stated the
developers have held meetings, but no new information has
been presented.
Mr. Warren asked Mr. Stegmaier to have staff schedule a
meeting to discuss the process and update citizens relative
to the Branner Station development.
Queen Zakia Shabazz, a resident of Schloss Manor, addressed
the Board, requesting the installment of multi-way stop
signs, flashing yellow or red lights, a speed bump or slow
signs at the intersection of Schloss Road/Tacony Drive and
Elkhardt Road. She provided the Board with the number of
accidents at the intersection since 2006.
Ms. Joann Strothers, an accident victim, urged the Board to
have some sort of preventative measure at the intersection of
Schloss Road/Tacony Drive and Elkhardt Road.
Mr. Warren requested Mr. Stegmaier to schedule a meeting with
VDOT to discuss options for the intersection. He stated VDOT
handles the placement of signs and lights.
Mr. Robert Owens, President of Chester Community Association,
addressed the Board relating to the amount of incorrect
information circulating regarding the Branner Station
project. He requested the elected officials to assist the
citizens in getting some information.
Ms. Barbara Story, a Happy Hill Road resident, addressed the
Board regarding the lack of information being presented by
the Branner Station developers.
Ms. Norma Szakal requested that Board restore civil discourse
to the public hearings and not allow outbursts from the
public.
18.C. TO CONSIDER AMENDMENTS TO THE ORDINANCE ON REAL ESTATE
TAX RELIEF FOR THE ELDERLY
Mr. Carmody stated this date and time had-been advertised for
a public hearing for the Board to consider amendments to the
ordinance on real estate tax relief for the elderly.
Mr. Warren called for public comment.
Ms. Judy Stoneman addressed the Board relating to the urgent
need to adopt the amendment to the ordinance.
There being no one else to address the issue, the public
hearing was closed.
Mr. Gecker stated the Budget and Audit Committee has spent a
great deal of time working on the amendment to help provide
relief for the elderly in the county.
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09/24/08
Ms. Jaeckle thanked Ms. Stoneman for her diligence in seeing
this through to the end.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTIONS 9-24 and 9-25 RELATING TO REAL
ESTATE TAX RELIEF FOR THE ELDERLY AND DISABLED
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 9-24 and 9-25 of the Code of the County of
Chesterfield, 1997, as amended, are amended and re-enacted to
read as follows:
Sec. 9-24. Restrictions and conditions.
000
(1) During the preceding calendar year, the total
combined income from all sources of the owners and
owners' relatives living in the dwelling or
manufactured home must not exceed $52,000.00;
without including in the total the first $10,000.00
of each relative's income, other than the owner's
spouse who is living in the dwelling or
manufactured home.
(2) Notwithstanding subsection (1), if a person
qualifies for an exemption under this section, and
can prove by clear and convincing evidence that the
person's physical or mental health has deteriorated
such that the only alternative to permanently
residing in a hospital, nursing home, convalescent
home or other facility for physical or mental care
is to have a relative move in and provide care for
the person, and if a relative does move in for that
purpose, then none of the income of that relative
or that relative's spouse shall be included in
calculating the income limit; however, if the
residence's owner has, within a three-year period
prior to or after the relative moves into the
residence, transferred to the caregiving relative
assets in excess of $10,000.00 without adequate
consideration then the income of the caregiver
relative or that relative's spouse shall be
included in calculating the income limit.
(3) As of December 31 of the immediately preceding
calendar year, the net combined financial worth,
including interest of the owners and of the spouse
of any owner, excluding the value of the property
for which the exemption is sought, and the value of
up to an additional nine acres of real estate if
such additional nine acres of real estate are
contiguous to and a part of the parcel for which
the exemption is sought, must not exceed $350,000.
000
08-657
09/24/08
Sec. 9-25. Schedule of exemptions permitted.
(a) The amount of exemption from real estate taxation
under this section shall be determined in accordance with the
following schedule:
Income Percentage
Categories of Exemption
(i) $0.00 through $37,000.00 100
(ii) $37,001.00 through $48,500.00 60
(iii) $48,501.00 through $52,000.00 35
(b) The tax exemption provided by section 9-24 shall not
exceed $2,000.00 for income categories a(ii) and a(iii)
above.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS (Continued)
Mr. Will Shewmake addressed the Board relating to the
increase in the Planning fees recently adopted by the Board.
He stated the fee for a Conditional Use for a business to be
run out of a home nearly tripled. He requested the Board to
revisit some of the fees.
17. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING
ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE
APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL
BE HEARD AT SECTION 19
07SN0385
In Matoaca Magisterial District, FIRST COMMONWEALTH SERVICES
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 density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
residential use of 2.2 units per acre or less. This request
lies on 8.2 acres fronting approximately 270 feet on the east
line of Winterpock Road north of Springford Parkway; also
fronting approximately 170 feet on the west line of
Summercreek Drive across from Summercreek Place. Tax ID 722-
661-8707.
Mr. Turner presented a summary of Case 07SN0385 and stated
staff is requesting the Board remand the case to the Planning
Commission because there have been substantial amendments
since the Planning Commission's consideration of the request.
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Mr. William Shewmake, the applicant's representative, stated
the applicant has been working with the adjacent subdivision
to address their concerns. He requested the Board to defer
the case for 60 days at the applicant's request.
Mr. Warren expressed appreciation to Mr. Shewmake for
diligently working with the adjacent subdivision.
Mr. Warren called for public comment.
,, Mr. Stuart Daniel, President of Summerford Homeowner's
Association, spoke in support of the 60-day deferral.
Mr. Warren closed the public hearing.
Ms. Durfee stated she is aware the applicant is working with
adjacent subdivision to resolve concerns. She further stated
she does not see the need to remand the case to the Planning
Commission.
On motion of Ms. Durfee, seconded by Mr. Gecker, the Board
deferred Case 07SN0385 until November 19, 2008.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
08SN0243
In Matoaca Magisterial District, JOHN D. AND KIMBERLY W.
HUGHES, JR. request Conditional Use and amendment of zoning
district map to permit Community Business (C-3) uses and
commercial outdoor recreation plus 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 in
an Agricultural (A) District on 8.5 acres located in the
northwest quadrant of the intersection of Beach and Spring
Run Roads. Tax IDs 745-654-8256 and 746-654-1071.
Mr. Turner presented a summary of Case 08SN0243 and stated
staff is requesting the Board remand the case to the Planning
Commission because there have been substantial amendments
since the Planning Commission's consideration of the request.
Mr. Jeff Collins, the applicant's representative, stated the
applicant accepts the remand.
Mr. Warren called for public comment.
Ms. Lee Diller spoke in support of the request. She stated
the applicant has the support of residents in the surrounding
area.
Ms. Durfee expressed appreciation to Mr. Collins for the
meetings to address transportation issues.
On motion of Ms. Durfee, seconded by Mr. Gecker, the Board
remanded Case 08SN0243 to the Planning Commission.
08-659
09/24/08
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
nacun~~~
In Bermuda Magisterial District, INVISIBLE TOWERS, LLC
requests Conditional Use and amendment of zoning district map
to permit a communications tower in an Agricultural (A)
District. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
residential use of 1.5 dwellings per acre or less. This
request lies on 8.2 acres and is known as 13028 Harrowgate
Road. Tax ID 788-647-9084.
Mr. Turner presented a summary of Case 08SN0276 and stated
staff is requesting the Board to remand the case to the
Planning Commission due to a substantial changes since the
Planning Commission's consideration of the request.
Mr. Vann Thompson, the applicant's representative, agreed
with the remand request due to the changes to the case.
Mr. Warren called for public comment.
Ms. Jaeckle excused herself due to the proposed tower being
located on property owned by the church she attends.
Mr. Micas stated the Virginia Conflict of Interest Act only
applies if the Board member has a financial interest. He
further stated Ms. Jaeckle does not have a financial interest
just because she is a member of the church, but she is
choosing not to participate for her own reasons.
There being no one to address the request, the public hearing
was closed.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
remanded Case 08SN0276 back to the Planning Commission.
Ayes: Warren, Gecker, Holland, and Durfee.
Nays: None.
Abstain: Jaeckle.
Mr. Micas explained the process for hearing cases on the
zoning agenda.
07SN0340
In Matoaca Magisterial District, FRANCIS BEERS 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 1-5 acre lots, suited
to R-88 zoning. This request lies on 250.1 acres fronting in
two (2) places for approximately 320 feet on the west line of
Qualla Road and lying at the northern termini of Springhouse
Drive and Belcherwood Road. Tax IDs 740-667-8769; 741-669-
3736; 743-668-1461; and 744-668-7309.
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Mr. Turner presented a summary of Case 07SN0340 and stated
the Planning Commission recommended denial of the request and
staff recommended approval. He further stated the applicant
is requesting a six-month deferral.
Mr. Jack Wilson, the applicant's representative, requested a
deferral to the regularly scheduled second meeting in January
2009. He stated the applicant has recently retained an
expert to evaluate the landfill and its impact on the
proposed development. He further stated the applicant was
evaluating the possibility modifying the land use proposal.
He stated he wanted an opportunity to work with the community
through the issues.
Mr. Terry Cook, a resident of Bayhill Point, spoke in
opposition to the deferral noting many persons were present
to address the case.
Mr. David Webb, a Board member of Bayhill Homeowner's
Association, stated either the case should be heard meeting
or withdrawn.
Ms. Kitty Snow, a Matoaca resident, spoke in opposition to
the deferral.
Ms. Tracy Papiernick stated the case should be heard. She
presented information relative to a postcard sent by the
applicant to area property owners, which had misleading
information.
Mr. Warren stated he had not been made aware of the wording
on the postcard.
Ms. Durfee expressed concerns relative postcard information.
Mr. Rick Brindle, President of Chesterfield Homeowner's
Association President's Council, stated there is no good
reason to defer this case.
Ms. Amanda Chase stated the applicant's representative may
not be in a position to present the case, but the citizens
were. She spoke in opposition to the deferral.
Mr. Warren closed the public hearing.
Mr. Wilson stated the postcard comments are styled from
language provided by the Planning Department. He further
stated the case will not be ready in 90 days, but will be
ready in six months.
In response to Mr. Warren's questions, Mr. Wilson stated if
the case is denied, and the application resubmitted a new fee
would be necessary. He further stated the applicant would be
willing to accept a 9-month deferral but a 12-month deferral
is too long.
Ms. Durfee stated it would be in everybody's interest to not
have to hear this twice indicating that she did not support
the deferral. She further stated she wanted to make sure
that the audience, the Board members and anyone listening at
home have the facts in this case. She stated the case has
been on the Planning rezoning docket for over a year and
during that time, the case has gone through four deferrals
and by some respects, does resemble a typical residential
rezoning; however, the case presents many challenges to the
county as well as many concerns to the neighborhood
residents. She further stated it must be noted that staff's
recommendation on this case was denial of the case and not
until the Planning Commission meeting last month was there a
recommendation for approval. She stated this particular
08-661
09/24/08
Planning procedural change raises further concern. She noted
that the case does not comply with the Southern and western
Area Plan and based on the review of this case, she finds the
deferral request perplexing. She went on to express her
reasons why the Board should proceed with the public hearing
on the case, including the applicant's representative's
earlier position that the case was ready and in its best form
to move forward. She expressed concern about the timing and
reasons for the deferral request, indicating that the
deferral request came within the last five days of the Board
meeting. She further expressed concern about the information
and lateness of the postcard to adjacent residents, the
association and citizens. She questioned the reasons noted
on the postcard for the deferral request and expressed her
concerns with these items; specifically: 1) to allow the
attorney to become more involved in the case; to provide
clarity regarding the landfill; and to improve the projects
efforts to enhance the neighborhood. She stated this case
has been under review for over a year, and as she stated
earlier, it presents many challenges. She summarized by
saying, in her opinion the applicant has been given
sufficient time to prepare the case that has been advertised
in front of this Board, and she is ready to make the
recommendation to hold the public hearing.
In response to Mr. Warren's questions, Mr. Scherzer explained
the issues that let to the so many deferrals.
Mr. Warren expressed concerns relative to the length of the
deferral.
Mr. Scherzer, one of the applicant's representatives, stated
the six-month deferral would allow time to obtain more facts
about the landfill.
Mr. Holland stated it is unacceptable for a zoning case to be
deferred so many times because it ties up staff and citizen
time.
There being no motion for deferral, Case 07SN0340 was moved
to the contested agenda.
05SN0239 (Amended)
In Clover Hill Magisterial District, THE CHEATHAM FAMILY
LIMITED PARTNERSHIP requests rezoning and amendment of zoning
district map from Agricultural (A) to Community Business (C-
3) with Conditional Use to permit multifamily and townhouse
uses plus 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 regional mixed use uses. This
request lies on 63.5 acres fronting approximately 550 feet on
the north line of Hull Street Road, also fronting
approximately 2,400 feet on the west line of Route 288 and
located in the northwest quadrant of the intersection of
these roads. Tax IDs 733-680-Part of 9439; 734-678-2276; and
734-681-0526 and 3904.
Mr. Turner presented a summary of Case 05SN0239 and stated
both staff and the Planning Commission recommended approval
of the case. He further stated Mr. Warren is requesting a
deferral to November 19, 2008.
Mr. Andy Scherzer, the applicant's representative, accepted
the deferral.
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Mr. Warren called for public comment.
~.
Ms. Andrea Epps, representing the Brandermill Community
Association Board of Directors, expressed appreciation to the
Board for considering the deferral of the case.
Mr. Warren closed the public hearing. He indicated that
given the status of the traffic analysis a long deferral
would be appropriate.
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
deferred Case 05SN0239 to December 17, 2008.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
075N0341
In Bermuda Magisterial District, ACQUISITIONS PLUS LLC
requests rezoning and amendment of zoning district map from
Light Industrial (I-1) and Residential (R-7) to Residential
Townhouse (R-TH) 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 residential use of 2.5-4 units per acre. This request
lies on 16.9 acres fronting approximately 920 feet on the
north and south lines of Gayland Avenue approximately 600
feet east of Jefferson Davis Highway. Tax IDs 792-678-1855,
2312, 2756, 3614, 3.859, 4762, 5018, 5765, 6322, 6667, 7626,
7770, 8673 and 9532; and 793-678-0077.
Mr. Turner presented a summary of Case 07SN0341 and stated
staff and the Planning Commission recommended approval. He
further stated Ms. Jaeckle is requesting the Board defer this
case the regularly scheduled second meeting in January 2009.
Ms. Kristen Keatley, the applicant's representative, conceded
to deferral.
Mr. Warren called for public comment.
There being no one to speak to the deferral request, the
public hearing was closed.
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
deferred Case 07SN0341 to the regularly scheduled second
meeting in January 2009.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
07SN0372 (Amended)
In Clover Hill Magisterial District, EWN INVESTMENTS, INC.
requests rezoning and amendment of zoning district map from
Community Business (C-3) to Community Business (C-3) plus
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 mixed use corridor use. This request lies on 7.0 acres
fronting approximately 860 feet in the northwest quadrant of
the intersection of Hull Street Road and Duckridge Boulevard.
Tax ID 722-671-1285.
Mr. Turner presented a summary of Case 07SN0372 and stated
the Planning Commission recommended approval but staff
08-663
09/24/08
recommended denial. He further stated Mr. Warren is
requesting a deferral to December 17, 2008.
Mr. Jim Theobald, the applicant's representative, stated
while the applicant is not opposed to a deferral, a shorter
deferral would be preferable.
Mr. Warren called for public comment.
Mr. James Shelton spoke in opposition.
Dr. Betty Hunter-Clapp inquired about how citizens will be
notified of changes to the case.
Ms. Diane Parker, representing Falls of the James Sierra
Club, spoke in support of the deferral request.
Ms. Norma Szakal urged the Board to defer the case for a
longer time period.
There being no one else to address the deferral request, the
public hearing was closed.
On motion of Mr. Warren, seconded by Ms. Durfee, the Board
deferred Case 07SN0372 to December 17, 2008.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
nste*Tn~~d
In Midlothian Magisterial District, HERITAGE SIGNS INC.
requests Conditional Use Planned Development and amendment of
zoning district map to permit a computer-controlled, variable
message, electronic sign and to permit exception to Ordinance
requirements relative to sign height. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for light industrial use. This
request lies in a Corporate Office (O-2) District on 0.6
acres and is known as 1231 Gateway Centre Parkway. Tax ID
757-705-3156.
Mr. Turner presented a summary of Case OSSN0224 and stated
the Planning Commission recommended approval, but staff
recommended denial of the request. He further stated Mr.
Gecker is requesting a deferral to November 19, 2008.
Mr. Warren called for public comment.
There being no one to address the deferral, the public
hearing was closed.
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
deferred Case 08SN0224 to November 19, 2008.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
085N0242
In Clover Hill Magisterial Dis
SERVICES INC. requests rezoning
district map from Agricultural (A)
to General Industrial (I-2) with
General Business (C-5) uses. The
will be controlled by zoning
08-664
trict, OLD DOMINION TIRE
and amendment of zoning
and Light Industrial (I-1)
Conditional Use to permit
density of such amendment
conditions or Ordinance
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standards. The Comprehensive Plan suggests the property is
appropriate for light industrial use. This request lies on
7.1 acres fronting approximately 350 feet on the east line of
Warbro Road approximately 1230 feet south of Genito Road.
Tax IDs 736-686-6097 and 736-687-9003.
Mr. Turner presented a summary of Case 08SN0242 and stated
the Planning Commission and staff recommended approval with
acceptance of the proffered conditions.
Ms. Kristen Keatley, the applicant's representative, stated
the recommendation was acceptable.
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Mr. Warren, seconded by Ms. Durfee, the Board
approved Case 08SN0242 and accepted the following proffered
conditions:
1. Uses. The following uses shall be permitted:
A. Except for the Light Industrial (I-1) uses below
which shall be prohibited, uses permitted by right
or with restrictions in the Light Industrial (I-1)
District:
1) Converting paper to paperboard products,
paperboard containers and boxes.
2) Moving companies, to include, but not limited
to, households and businesses.
3) Paper recycling by the compaction method.
4) Recycling and processing of any material
permitted to be manufactured in this district.
5) Wholesale greenhouses, hot houses and
nurseries provided that nothing except plant
materials is stored outside of a completely
enclosed building.
B. Contractor's offices, shops, and storage yards.
C. Storage yards.
D. Tire recapping and vulcanizing establishments.
E. Farm implements and machinery service and repair
establishments,
F. Travel trailer service and repair,
G. Public garages,
H. Utility trailer service and repair. (P)
2. Outside Storage. Outside storage areas shall be screened
from any internal private roads. Screening shall be
accomplished by the use of durable opaque fences and
gates constructed of masonry pillars with solid sections
made of comparable materials to the principal building
and using a design compatible to the principal building.
(P)
(Note: This requirement is in addition to the
screening requirements of the Zoning Ordinance.)
3. Freestanding Light Fixtures. Freestanding light
fixtures shall not exceed a height of twenty (20) feet
measured from the top of curb. (P)
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09/24/08
4. Building Exteriors. Each building exterior (all sides)
shall be constructed with an adorned Concrete Masonry
Unit (CMU), brick or metal with an Exterior Insulation
Finishing System (EIFS) finish for a height of eight (8)
feet measured from ground elevation (excluding openings
for doors, windows or similar features). Any building
exterior which faces an unscreened outside storage or
loading area on an adjacent property, which faces an on-
site outside storage area serving the subject building
that is screened in accordance with Proffered Condition
2, or any building exterior that is deemed to be
adequately screened due to, but not limited to,
topography, vegetation or similar features shall not be
required to be constructed of the above materials
provided the architectural treatment of the side
otherwise complies with the Zoning Ordinance. (P)
(Note: This requirement is in addition to the
architectural requirements of the Zoning Ordinance.)
5. Notification. The developer shall be responsible for
notifying the last known representative of Plum Creek
Subdivision of the submission of any site plan within
the development. Such notification shall occur at least
twenty-one (21) days prior to the approval of such
plans. The developer shall provide the Planning
Department with a copy of the notice. (P)
6. 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
permit has been obtained from the Environmental
Engineering Department and the approved devices
installed. (EE)
7. Road Improvements. In conjunction with any development
or redevelopment on the property, as determined by the
Transportation Department, the developer shall construct
additional pavement along Warbro Road at the existing
entrance/exit to provide a left turn lane, and dedicate
any additional right of way (or easements) required for
this improvement. In the event the developer is unable
to acquire any "off-site" right-of-way that is necessary
for this improvement, the developer may request, in
writing, 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)
8. Access. Direct vehicular access from the property to
Warbro Road shall be limited to the existing
entrance/exit. The exact location of this access shall
be approved by the Transportation Department. (T)
9. Utilities. Public water and wastewater systems shall be
used. (U)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
085N0269
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09/24/08
In Bermuda Magisterial District, CHESTERFIELD COUNTY BOARD OF
SUPERVISORS proposes a Conditional Use Planned Development
and amendment of zoning district map to permit exceptions to
Ordinance requirements relative to setbacks for structures
open on three (3) sides. The density of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for community commercial/mixed use corridor use. This
request lies in a Manufactured Home Subdivision (MH-2)
District on 91.2 acres to include all lots within the
boundaries of the Millside Manufactured Home Subdivision plus
Tax IDs 802-628-1812 and 802-629-5207 lying east of the
Seaboard Coast Line Railroad, across from Pine Forest Drive.
Mr. Turner presented a .summary of Case 08SN0269 and stated
the Planning Commission and staff recommended approval
subject to one condition.
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
Ms. Jaeckle expressed appreciation to Mr. Turner for bringing
this issue to the Board's attention.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
approved Case 08SN0269, subject to the following condition:
Setback requirements shall not apply to structures open
on at least three (3) sides. (P)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
08SN0258
In Bermuda Magisterial District, CHARLES P. PHELPS and SANDRA
L. ULLOA request rezoning and amendment of zoning district
map from Residential (R-7) to Neighborhood Office (O-1) The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for office/residential
mixed use. This request lies on 0.5 acres and is known as
3600 Gill Street. Tax ID 792-656-5119.
Mr. Turner presented a summary of Case 08SN0258 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Charles Phelps stated the recommendation is acceptable.
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
approved Case 08SN0258 and accepted the following proffered
conditions:
1. Prior to any site plan approval or within sixty (60)
days from the date of a written request by the
Transportation Department, whichever occurs first,
forty-five (45) feet of right-of-way on the south side
of West Hundred Road (Route 10), measured from the
centerline of that part of Route 10 immediately adjacent
08-667
09/24/08
to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
2. No direct vehicular access shall be provided from the
property to Route 10. (T)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
08SN0275
In Bermuda Magisterial District, NEW CINGULAR WIRELESS PCS,
LLC (AT&T) requests Conditional Use and amendment of zoning
district map to permit a communications tower in an
Agricultural (A) District. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for industrial use. This request lies on 5.8
acres fronting approximately 440 feet on the east line of
Allied Road approximately 120 feet north of East Hundred
Road. Tax ID 829-643-Part of 1520.
Mr. Turner presented a summary of Case 08SN0275 and stated
the Planning Commission and staff recommended approval,
subject to the conditions and acceptance of the proffered
conditions.
Mr. Brennan Keene, the applicant's representative, stated the
recommendation is acceptable.
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
approved Case 08SN0275, subject to the following conditions:
1. The tower shall be located as depicted on the Overall
Site Plan entitiled RI602A Bermuda, prepared by Allpro
Consulting Group, Inc., with a final revision date of
May 9, 2008 and submitted with the application. (P)
2. There shall be no signs permitted to identify this use.
(P)
3. The color and lighting system for the tower shall be as
follows:
a. The tower shall be gray or another neutral color,
acceptable to the Planning Department.
b. The tower shall not be lighted.
c. The tower shall be a monopole structure. (P)
4. At such time that the tower ceases to be used for
communications purposes for a period exceeding twelve
(12) consecutive months, the owner/developer shall
dismantle and remove the tower and all associated
equipment from the property. (P)
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And, further, the Board accepted the following proffered
conditions:
The Owner and Developer in this request for a conditional use
planned development ("CUPD"), pursuant to §15.2-2298 of the
Code of Virginia (1950 as amended) and the Zoning Ordinance
of Chesterfield County, for themselves and their respective
successors or assigns, proffer that the development of the
property known as part of Chesterfield County Tax
Identification Number 829-643-1520 (the "Property") under
consideration will be developed according to the following
conditions if, and only if, the CUPD to construct a
telecommunications tower on the Property is granted. in the
event the request is denied or approved with conditions not
agreed to by the Developer, the proffers and conditions shall
immediately be null and void and of no further force or
effect.
1. Tree Preservation Area. The base of the tower shall be
enclosed by a minimum six (6) foot high fence, designed
to preclude trespassing. A minimum 100-foot area of
mature trees shall be preserved outside of, and adjacent
to, the compound, on the north, south and west sides of
the compound. A detailed plan depicting these
requirements shall be submitted to the Planning
Department for approval in conjunction with final site
plan review. So long as such area is required, no trees
within the area shall be removed unless such trees are
dead, diseased, or dying. (P)
2. Architectural Treatment and Screening. Any ground-based
building or mechanical equipment shall comply with
Sections 19-595 and 19-570 (b) and (c) of the Zoning
Ordinance relative to architectural treatment of
building exteriors and screening of mechanical equipment
for views into the compound from the north, south and
west sides of the compound, except screening shall not
be required for the tower or tower-mounted equipment.
(P)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
08SN0278
In Midlothian Magisterial District, GRTC TRANSIT SYSTEM, JOHN
LEWIS requests Conditional Use and amendment of zoning
district map to permit a park and ride lot in a Residential
(R-15) District. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
medium density residential and public/semi-public use. This
request lies on 12.0 acres fronting approximately 800 feet on
the west line of Forest Hill Avenue; approximately 630 feet
on the east line of Buford Road and also fronting
approximately 530 feet on the south line of Choctaw Road.
Tax ID 755-718-62
08-669
09/24/08
Mr. Turner presented a summary of Case 08SN0278 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. John Lewis, the applicant on behalf of GRTC, stated the
recommendation is acceptable.
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved Case 08SN0278 and accepted the following proffered
conditions:
1. Park and ride lot users shall board and exit the buses
from the Choctaw Road frontage. There shall be no
boarding or exiting buses from the Forest Hill Avenue or
Buford Road frontages. (P)
2. No parking by park and ride lot users shall be permitted
within any parking isle directly adjacent to any lot
zoned for residential use. (P)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
n~eNn~~a
In Midlothian Magisterial District, LEPORTON, LLC requests
rezoning and amendment of zoning district map from
Residential (R-7) to Corporate Office (O-2) with Conditional
Use to permit restaurant use. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for village area fringe uses. This request lies
on 0.7 acres lying approximately 200 feet off the north line
of Midlothian Turnpike approximately 360 feet west of Village
Mill Drive. Tax ID 727-708-6582.
Mr. Turner presented a summary of Case 08SN0279 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Carl Duncan, the applicant's representative, stated the
recommendation is acceptable.
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved Case 08SN0279 and accepted the following proffered
conditions:
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
themselves and their successors or assigns, proffer that the
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property under consideration will be developed according to
the following proffers if, and only if, the rezoning request
submitted herewith is granted with only those conditions
agreed to by the owner/applicant. In the event this request
is denied or approved with conditions not agreed to by the
owner and applicant, the proffers shall immediately be null
and void and of no further force or effect.
1. Architecture. The architectural treatment of buildings
constructed on the Property shall be consistent with
American Colonial Architecture as defined by the
Sycamore Square development. (P)
2. Notification. The developer shall be responsible for
notifying
the last
Departmen
Coalition
by registered, certified or first class mail,
known. representative on file with the Planning
t of the Village of Midlothian Volunteer
of any site plan. Such notification shall
occur as soon as practical, but in no event less than
twenty-one (21) days prior to approval or disapproval of
the plan. The developer shall provide a copy of the
notification letter(s) to the Planning Department. (P)
3. Street Lights. The developer shall be responsible for
the installation of decorative street lighting similar
in design to the light fixture specified in the
Midlothian Village Technical Manual which shall be
provided along all public roads adjacent to the site.
Spacing shall be eighty (80) feet on center. All on-
site freestanding street light fixtures shall be
compatible with the aforementioned street lights. (P)
4. Utilities. The public waste water system shall be used.
(U)
5. 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
permit has been obtained from the Environmental
Engineering Department and the approved devices
installed. (EE)
6. Uses. Uses shall be limited to those uses permitted by
right or with restrictions in the Corporate Office (O-2)
district plus restaurant use, excluding carry out or
fast food restaurants. (P)
7. Hours of Operation. Restaurant uses shall not be open
to the public between 11 p.m. and 6 a.m. (P}
8. Vehicular Lights. The development shall be designed so
as to minimize vehicular headlights-from shining into
adjacent residential properties to the north. The exact
treatment shall be approved by the Planning Department
in conjunction with site plan review. (P)
9. Restaurant Uses. No building housing a restaurant use
shall be located within 400 feet of the northern
property boundary. (P)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
08-671
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08SN0280
In Bermuda Magisterial District, MILES & WELLS PARTNERSHIP
AND BURGESS & NIPLE, INC. request rezoning and amendment of
zoning district map from Agricultural (A) to Residential (R-
25) 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 1.5 dwellings per acre or less. This
request lies on 1.0 acres lying approximately 160 feet off
the south line of Chalkley Road approximately 540 feet west
of Michmar Drive. Tax ID 782-659-2485.
Mr. Turner presented a summary of Case 08SN0280 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions:
Mr. Will Shewmake, the applicant's representative, stated the
recommendation is acceptable.
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
approved Case 08SN0280 and accepted the following proffered
conditions:
1. 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 within the service district for the
property:
a. $18,080 per dwelling unit, if paid prior to July 1,
2009; or
b. If paid after June 30, 2009, $18,080.00 adjusted
annually in accordance with the cash proffer
policy.
Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law. (B&M)
2. The public water and wastewater systems shall be used.
(U)
3. The maximum density on the subject property shall not
exceed 1.5 dwelling units per acre. (P)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
09SN0113
In Bermuda Magisterial District, SOCORRO R. WADE requests
renewal of Manufactured Home Permit 95SR0249 to park a
manufactured home in a Residential (R-7) District. The
density of such amendment is approximately 1.06 units per
acre. The Comprehensive Plan suggests the property is
appropriate for residential use of 4.0 units acre or less.
This request lies on 0.9 acre and is known as 15413
Appomattox Street. Tax ID 829-641-3577.
Mr. Turner presented a summary of Case 09SN0113 and stated
staff recommended approval subject to the conditions.
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Ms. Socorro Wade stated the recommendation is acceptable.
Mr. Warren called for public comment.
Ms. Thelma Collins, an adjacent property owner, spoke in
opposition to the request. She stated the applicant could
financially afford to move the mobile home to a trailer park.
Mr. Bert Gunn, an adjacent property owner, spoke in
opposition to the request.
Ms. Ann Davis, an area property owner, stated the applicant
cannot afford to move the mobile home to a park.
There being no one else to speak to the request, the public
hearing was closed.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
approved Case 09SN0113, subject to the following conditions:
1. The applicant shall be the owner and occupant of the
manufactured home. (P)
2. Manufactured home permit shall be granted for a period
not to exceed seven (7) years from date of approval. (P)
3. This manufactured home permit shall be for the existing
manufactured home only (1974 Castle, Blue and White, 12'
by 60'). No additional permanent-type living space may
be added onto this manufactured home. This manufactured
home shall be skirted but shall not be placed on a
permanent foundation. (P)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
18. PUBLIC HEARINGS
18.A. TO CONSIDER ADOPTING A RESOLUTION AUTHORIZING THE
COUNTY ADMINISTRATOR TO EXECUTE THE DOCUMENTS REQUIRED
TO IMPLEMENT CHANGES TO THE ARTICLES OF INCORPORATION
OF THE CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY
Mr. William Johnson stated this date and time had been
advertised for the Board to consider adopting a resolution
authorizing the County Administrator to execute the documents
required to implement changes to the Articles of
Incorporation of the Central Virginia waste Management
Authority.
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
adopted the following resolution:
WHEREAS, the Central Virginia Waste Management Authority
was created in 1990 pursuant to the Virginia Water and Waste
Authorities Act (Chapter 51, Title 15.2 of the Code of
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09/24/08
Virginia (1950), as amended) (hereinafter the "Act") to
facilitate improved waste management practices to protect the
health, safety and welfare of citizens of the central
Virginia region; and
WHEREAS, the Central Virginia Waste Management Authority
was formed pursuant to requirements of the Act by thirteen
localities in the central Virginia region including the
cities of Colonial Heights, Hopewell, Petersburg and
Richmond, the Town of Ashland and the counties of Charles
City, Chesterfield, Goochland, Hanover, Henrico, New Kent,
Powhatan and Prince George, which still comprise the
Authority; and
WHEREAS, the Central Virginia Waste Management Authority
developed, in accordance with the Commonwealth's Solid Waste
Management Plan requirements, a comprehensive integrated
solid waste management plan that at a minimum considers and
addresses all components of the waste management hierarchy
(source reduction, reuse, recycling, resource recovery,
incineration and landfilling) for the twenty-year period
2004-2024 on behalf of all thirteen member localities; and
WHEREAS, the Central Virginia Waste Management
Authority, as the solid waste planning unit for the thirteen
member localities, gathers the data necessary from recycling
processors in the region and reports the annual recycling
rate to the Virginia Department of Environmental Quality; and
WHEREAS, the central Virginia region's recycling rate
(50.3% in 2007) has consistently exceeded the Commonwealth's
requirements imposed on each locality to recycle 25 percent
of the solid waste generated in each locality; and
WHEREAS, the Central Virginia Waste Management
Authority, .since its inception in 1990, has successfully
developed recycling and solid waste programs through cost
effective and efficient contracts with the private sector to
benefit the recycling and solid waste needs of its members;
and
WHEREAS, the original Articles of Incorporation of the
Authority were adopted and approved by the governing bodies
of each member locality and were then filed and approved by
the State Corporation Commission on December 20, 1990; and
WHEREAS, the Board of Directors of the Central Virginia
Waste Management Authority has reviewed and approved updating
and revising the existing Articles of Incorporation to
include: 1) updating Virginia Code Section under which the
Authority was formed; 2) updating current address, current
practices, and other administrative information regarding the
Authority; 3) strengthening the language to encourage
localities to appoint alternate members to the Board to
ensure full and proper representation at all times; and 4)
adjusting the population basis used for determining the
number of Board members from each member locality to reflect
the changes in population since inception in an effort to
keep the membership and makeup of the Board intact; and
WHEREAS, the Virginia Water and Waste Authorities Act
requires that any revisions to the existing Articles of
Incorporation be ratified and approved by the governing
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bodies of all thirteen member localities prior to filing with
the State Corporation Commission; and
WHEREAS, the Central Virginia Waste Management Authority
respectfully requests approval of the first revision to the
Authority's Articles of Incorporation outlined above and
authorization to file the amended Articles of Incorporation
with the Virginia Water and Waste Authorities Act.
NOW, THEREFORE, BE IT RESOLVED that the County of
Chesterfield Board of Supervisors approves the First Amended
Articles of Incorporation of the. Central Virginia Waste
Management Authority, in accordance with the Virginia water
and Waste Authorities Act.
AND, BE IT FURTHER RESOLVED that this resolution shall
take effect from the date of its adoption.
AND, BE IT FURTHER RESOLVED that the Chesterfield County
Board of Supervisors authorizes and directs the County
Administrator to execute all necessary documents to implement
this resolution subject to approval as to form by the
Chesterfield County Attorney.
Ayes: Warren, Decker, Jaeckle, Holland, and Durfee.
Nays: None.
18.B. TO CONSIDER AMENDMENTS TO THE ZONING ORDINANCE AS IT
RELATES TO THE PLANTING, REPLACEMENT AND PRESERVATION
OF TREES IN THE SWIFT CREEK RESERVOIR WATERSHED
Mr. Richard McElfish stated this date and time had been
advertised for the Board to consider amendments to the Zoning
Ordinance as it relates to the planting, replacement and
preservation of trees in the Swift Creek Watershed.
Mr. James Shelton presented data on the economic value of
trees to include saving money on water treatment, energy
savings, reducing county taxes and reducing the health costs
of bad water. He stated he supported the tree save
ordinance.
Ms. Norma Szakal spoke in support of the proposed amendments
to the zoning ordinance, which will assist with protecting
the Upper Swift Creek Reservoir.
Dr. Betty Hunter-Clapp stated the ordinance is not strict
enough although it is moving in the right direction. She
urged the Board to adopt the ordinance.
Ms. Diana Parker, representing Falls of the James Sierra
Club, spoke in support of the amendment and stated she would
hope the Board will consider a more strict amendment in the
future.
Ms. Andrea Epps stated proffer language is needed so the
developers can proffer tree save and mass grading on a lot by
lot basis.
Mr. Decker stated after discussion with staff, he understands
the reason for omitting multi-family and townhouse zoning is
08-675
09/24/08
because the landscape ordinance is sufficient enough to
require tree save. He further stated the county should
operate under the same rules as the developers, and
therefore, the tree save ordinance should not include
exceptions for public facilities that are not required by
state law. He stated he hoped the county would further
explore the interplay between the tree save ordinance and the
landscape ordinance at some future time.
Ms. Durfee stated the ordinance is a baby step which can be
expanded upon in the future. She further stated she would
hope the Planning Commission would further look at the
landscaping ordinance as well as expanding on the tree save
ordinance.
Mr. Gecker made a motion to adopt the ordinance eliminating
the exclusions for public facilities and other public
improvements not required by state law.
Mr. Warren called for a vote on the motion of Mr. Gecker,
seconded by Ms. Durfee, for the Board adopted the following
ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, BY ADDING AND ENACTING SECTIONS 19-240, 19-
240.1, 19-240.2, 19-240.3 AND 19-240.4 OF THE ZONING
ORDINANCE RELATING TO TREE PLANTING, REPLACEMENT AND
PRESEVATION IN THE UPPER SWIFT CREEK WATERSHED
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 19-240, 19-240.1, 19-240.2, 19-240.3 and
19-240.4 of the Code of the County of Chesterfield, 1997, as
amended, are added and enacted to read as follows:
Sec. 19-240. Tree Planting, Replacement and Preservation in
the Upper Swift Creek Watershed.
The purpose of Sections 19-240 through 19-240.4 is to
promulgate regulations for the planting and replacement of
trees destroyed or damaged during the development or
redevelopment process for single-family residential projects,
pursuant to Section 15.2-961 of the Code of Virginia,
including the preservation of trees during development in
appropriate instances.
Sec. 19-240.1. General Standards.
(a) All trees to be planted shall meet the
specifications of the American Association of Nurserymen.
(b) The planting of trees shall be done in accordance
with either the standardized landscape specifications jointly
adopted by the Virginia Nurserymen's Association, the
Virginia Society of Landscape Designers and the Virginia
Chapter of the American Society of Landscape Architects, or
the road and bridge specifications of the Virginia Department
of Transportation. The county shall maintain current copies
of these specifications available to the public.
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(c) The minimum caliper of all deciduous trees planted
shall be one (1) inch, and the minimum height of all
evergreen trees shall be six (6) feet.
Sec. 19-240.2. Canopy Requirements.
(a) Construction Plans. All construction plans for
subdivision plats shall provide for the planting and
replacement of trees on site to the extent that, at maturity
of twenty (20) years, the minimum tree canopy shall be as
follows:
(1) Fifteen (15) percent tree canopy for sites zoned
single family residential, with densities between
ten (10) and twenty (20) units per acre.
(2) Twenty (20) percent tree canopy for sites zoned
single family residential, with densities of ten
(10) units or less per acre.
The plan shall show in graphic format all areas set aside to
satisfy tree canopy requirements and the means by which such
requirements will be satisfied.
(b) Exclusions. For the purpose of calculating the area of a
site for tree canopy coverage requirements, the
following areas shall be excluded:
(1) Ponds and unwooded wetlands.
(2) Properties reserved or dedicated for school sites,
playing fields and other non-wooded recreation areas,
and other facilities and areas of a similar nature.
(3) Portions of a site which contain existing structures
that are not the subject of a pending application.
(c) Credits for Preservation of Existing Trees. Existing
trees which are to be preserved may be included in the
calculation of the canopy requirements, and may include
wooded preserves, if the construction plans identify
such trees and the trees meet standards of desirability
and life-year expectancy as established by the director
of environmental engineering.
Sec. 19-240.3. Exceptions to Requirements.
Upon written request of the developer, the director of
environmental engineering may approve reasonable exceptions
to, or deviations from, the requirements of Sections 19-240
through 19-240.2 in order to allow for the reasonable
development of farmland or other areas devoid of healthy or
suitable woody materials, for the preservation of wetlands,
or when the strict application of requirements would result
in unnecessary or unreasonable hardship to the developer. In
such instances, the director of environmental engineering may
approve satisfaction of a portion of a development's tree
canopy requirement through use of a tree canopy bank or off-
site planting or replacement of trees provided that the
canopy thereby substituted is located within the Upper Swift
Creek Watershed.
Sec. 19-240.4. Enforcement.
08-677
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Penalties for violations of the requirements of Sections
19-240 through 19-240.3 shall be the same as those applicable
to other violations of this chapter as set forth in Section
19-5.
Notwithstanding the foregoing, this
to tree canopy areas that (i) have
space maintained by a home owners'
subject to a perpetual conservation
included on individual lots which
certificate of occupancy.
section shall apply only
been included in open
association, (ii) are
easement, or (iii) are
have not received a
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
18.D. TO CONSIDER THE LEASING OF COUNTY PROPERTY AT MID-
LOTHIAN MINES PARK
Mr. Pete Stith stated this date and time had been advertised
for the Board to consider the leasing of county property at
Mid-Lothian Mines Park.
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
Mr. Gecker stated there have been discussions with the
Commonwealth's Attorney regarding placing a provision in
future county leases that would require the carriers to
cooperate with law enforcement personnel in appropriate
circumstances to allow access to cell phone records.
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
approved the leasing of county property at Mid-Lothian Mines
Park.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
n~cun~4n
In Matoaca Magisterial District, FRANCIS BEERS 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 1-5 acre lots, suited
to R-88 zoning. This request lies on 250.1 acres fronting in
two (2) places for approximately 320 feet on the west line of
Qualla Road and lying at the northern termini of Springhouse
Drive and Belcherwood Road. Tax IDs 740-667-8769; 741-669-
3736; 743-668-1461; and 744-668-7309.
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Ms. Darla Orr stated the applicant has now withdrawn the
', proposal and it -would be appropriate for the Board to
acknowledge the withdrawal.
Mr. Jack Wilson, the applicant's representative, stated he
was not in a position to proceed at this point, and would
therefore withdraw the request.
In response to Ms. Durfee's question, Mr. Terry Cook, an area
property owner, stated he agreed with the withdrawal.
On motion of Ms. Durfee, seconded by Mr. Gecker, the Board
acknowledged the withdrawal of Case 07SN0340.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Ms. Durfee expressed appreciation to those citizens in
attendance concerning this proposal.
08SN0216
In Bermuda Magisterial District, JEFFREY D. CLARK requests
Conditional Use and amendment of zoning district map to
permit a business (construction bonding/insurance office)
incidental to a dwelling unit in a Residential (R-15)
District. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
residential use of 2.51-4.0 units per acre. This request
lies on 0.4 acres and is known as 13403 Burnettedale Drive.
Tax ID 789-645-2789.
Ms. Orr presented a summary of Case 08SN0216 and stated the
Planning Commission recommended approval and acceptance of
the proffered conditions. She further stated staff
recommended denial due to the request not conforming to the
Southern and Western Area Plan.
Ms. Carrie Coyner, the applicant's representative, stated the
request is for Conditional Use to allow the applicant to
continue operating his business out of his home. She
further stated it is an Internet-based business, with no
customers coming to the site.
Mr. Warren called for public comment.
Mr. Paul Hale, adjacent property owner, spoke in support of
the request.
There being no one else to address the request, the public
hearing was closed.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
approved Case 08SN0216 and accepted the following conditions:
The Owner-Applicant in this zoning case, pursuant to Section
15.2-2298 of the Code of Virginia (1950 as amended) and the
Zoning Ordinance of Chesterfield County, for itself and its
successors or assigns, proffers that the property known as
Chesterfield County Tax ID 789-645-2789 will be used for
business purposes as set forth below; however, in the event
08-679
09/24/08
the request is denied or approved with conditions not agreed
to by the Owner-Applicant, these proffers and conditions
shall be immediately null and void and of no further force or
effect. The Applicant hereby makes the following Proffered
Conditions:
1. This Conditional Use shall be granted to and for Jeffrey
D. Clark, exclusively and shall not be transferable or
run with the land. (P)
2. This Conditional Use shall be limited to the operation
of a bonding business, exclusively with a maximum of
three (3) employees excluding the applicant. (P)
3. There shall be no signs permitted to identify this use.
(P)
4. No deliveries shall be permitted before 8:OOam or after
6:OOpm. (P)
5. Hours of operation shall be restricted to between S:OOam
and 6:OOpm, Monday through Friday. (P)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
08SN0217
In Dale Magisterial District, SPENCER BROTHERS, INC. requests
rezoning and amendment of zoning district map from
Agricultural (A) to Neighborhood Business (C-2) of 8.9 acres
and Heavy Industrial (I-3) with Conditional Use of 6.4 acres
to permit petroleum products or fuel distribution with
storage in excess of 50,000 gallons of liquid or cubic feet
of gas. The density of such amendment will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for community mixed
use uses. This request lies on 15.3 acres fronting
approximately 860 feet on the east line of Iron Bridge Road
approximately 1870 feet south of Kingsland Road. Tax IDs
771-672-6776 and 7237.
Ms. Orr presented a summary of Case 08SN0217 and stated the
Planning Commission and staff recommended approval and
acceptance of the proffered conditions. She further stated
the request complies with the Central Area Plan.
Mr. Andy Scherzer, the applicant's representative, stated the
recommendation is acceptable.
Mr. Warren called for public comment.
Ms. Diana Parke spoke in opposition to the request due to the
proximity of the gasoline storage tanks to the county park
system and streams.
Ms. Betty Taylor, an adjacent property owner, expressed
concerns relative to safety of proposed underground gas
tanks. She stated there is no information in the staff
report regarding safety.
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There being no one else to address the request, the public
hearing was closed.
Mr. Scherzer stated the Fire Prevention and Building Code
address safety issues. He further stated the applicant is
required to obtain state, federal, and the Department of
Homeland Security approval, and meet setbacks from streams,
RPA's and adjacent properties.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
deferred Case 08SN0217 to October 22, 2008.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Ms. Durfee expressed concerns regarding the safety of the
underground tanks.
Mr. Bruce Spencer, President of Spencer Brothers,
Incorporated, stated he was available to answer any
questions.
Ms. Jaeckle inquired whether or not staff had a report on the
safety concerns being addressed by the applicant.
In response to Mr. Gecker's question, Mr. Spencer stated the
deferral does not present a hardship.
08SN0274
In Matoaca Magisterial District, GLENN WHITE requests
Conditional Use and amendment of zoning district map to
permit mulch sales in an Agricultural (A) District. The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for office/residential
mixed use. This request lies on 1.3 acres and is located in
the northwest quadrant of the intersection of Hull Street and
Cosby Roads. Tax ID 716-671-Part of 6919.
Ms. Jane Peterson presented a summary of Case 08SN0274 and
stated the Planning Commission recommended approval and
acceptance of the proffered conditions. She further stated
staff recommended denial because the proposed land use does
not conform to the Upper Swift Creek Plan.
Ms. Carrie Coyner, the applicant's representative, stated the
applicant has agreed to complete numerous improvements.
Ms. Durfee stated she has not received any calls on this
request and understood that the Transportation Department did
not have serious concerns.
On motion of Ms. Durfee, seconded by Mr. Warren, the Board
approved Case 08SN0274 and accepted the following proffered
conditions:
The Applicant in this zoning case, pursuant to Section 15.2-
2298 of the Code of Virginia (1950 as amended) and the Zoning
Ordinance of Chesterfield County, for itself and its
successors or assigns, proffers that the development of the
property known as Chesterfield County Tax ID 716-671-6919
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will be developed as set forth below; however, in the event
the request is denied or approved with conditions not agreed
to by the Applicant, these proffers and conditions shall be
immediately null and void and of no further force or effect.
1. This Conditional Use shall be granted for a period not
to exceed thirty-six (36) months from date of approval
and shall not be transferable or run with the land. (P)
2. This Conditional Use shall be limited to the sale of
mulch, exclusively. (P)
3. The use shall not be open to the public between 6:00
p.m. and 8:00 a.m. (P)
4. There shall be no additional buildings erected on the
property for this use. (P)
5. There shall be no direct vehicular access to Hull Street
Road. (T)
6 Views of the mulch storage areas from Hull Street Road
shall be minimized with the installation of Perimeter
Landscaping C incorporating: 1) a single row of large
evergreen trees planted ten (10) feet on center with a
minimum height of six (6) feet at time of planting and
2) a decorative three rail fence a minimum of four feet
in height. (P)
7. Views of the mulch storage areas from Cosby Road shall
be screened with the installation of a privacy fence, a
minimum of six (6) feet in height. (P)
8. A landscape plan depicting the requirements of Proffered
Conditions 6 and 7 shall be submitted to the Planning
Department within forty-five (45) days of approval of
the Conditional Use. The execution of this approved plan
shall occur no later than Fall, 2008. (P)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. David Webb asked for clarification on Case 07SN0340.
Mr. Gecker stated the applicant can refile the case at any
time.
21. ADJOURNMENT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adjourned at 9:53 p.m. until October 3, 2008, at 10:30 a.m.
for a special meeting at the 1917 Historic Courthouse for a
presentation of the Preserve America Community certification
from Mr. John Nau, Chairman of the Advisory Council for
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Historic Preservation and chief architect of the Preserve
America Program.
ames to aier
ount Administrator
Ar hur S. Warren
Chairman
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