2008-10-22 MinutesBOARD OF SUPERVISORS
MINUTES
October 22, 2008
Supervisors in Attendance:
Mr. Arthur S. Warren, Chairman
Mr. Daniel A. Gecker, Vice Chrm.
Ms. Dorothy Jaeckle
Mr. James "Jim" Holland
Ms. Marleen K. Durfee
Mr. James J. L. Stegmaier
County Administrator
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Staff in Attendance:
Ms. Janice Blakley,
Clerk to the Board
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Barry Condrey, Chief
Information Officer
Mr. Jonathan Davis, Dir.,
Real Estate Assessments
Ms. Rebecca Dickson, Dep.
County Administrator,
Human Services
Mr. William Dupler,
Building Official
Colonel Thierry Dupuis,
Police Department
Mr. Robert Eanes, Asst. to
the County Administrator
Ms. Karla Gerner, Dir.,
Human Resource Mgmt.
Mr. Michael Golden, Dir.,
Parks and Recreation
Interim Fire Chief
James E. Graham,
Fire Department
Mr. Lawrence C. Haake, III,
Registrar
Mr. John W. Harmon,
Real Property Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Joe Horbal,
Commissioner of Revenue
Mr. Thomas E. Jacobson,
Dir., Revitalization
Mr. William E. Johnson,
Deputy County Admin.,
Management Services
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Director,
General Services
Mr. Glenn Larson, Asst.
Director of Planning
Mr. Louis Lassiter, Dir.,
Internal Audit
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
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Mr. M. D. Stith, Jr.,
Deputy County Admin.,
Community Development
Mr. Richard F. Troshak,
Dir., Emergency
Communications Center
Mr. Bill Wright, Asst.
Dir., Utilities
Mr. warren called the regularly scheduled meeting to order at
3:07 p.m.
1. APPROVAL OF MINUTES FOR OCTOBER 3, 2008 (SPECIAL
MEETING), OCTOBER 8, 2008 (SPECIAL MEETING WITH
CONGRESSMAN FORBES), AND OCTOBER 8, 2008 (REGULAR
MF!F!TTT~TC31
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved the minutes for October 3, 2008 (Special Meeting),
October 8, 2008, (Special Meeting with Congressman Forbes)
and October 8, 2008 (Regular Meeting), as submitted.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. SOUTHEAST HIGH SPEED RAIL PROJECT
Mr. David Foster, Project Manager with the North Carolina
Department of Transportation, provided an update to the Board
on the progress of the Southeast High Speed Rail project.
In response to Mr. warren's questions, Mr. Foster stated the
3 alignments between Richmond and Petersburg are concurrent
with minor variations. He further stated the project still
has funding support from Congress.
In response to Mr. Holland's question, Mr. Foster stated six
to eight public hearings would be held beginning around the
fall of 2010.
In response to Ms. Jaeckle's question, Mr. Foster stated
there are no other high speed corridors functioning
currently. He further stated the Southeast High Speed Rail
Project is one of the most advanced in the planning stages.
In response to Ms. Durfee's question, Mr. Foster stated state
and federal funding thus far has been used for planning. He
further stated the project has adequate funding to complete
the necessary environmental work.
In response to Ms. Jaeckle's question, Mr. Foster stated all
of the grade crossings will be analyzed to see if they can
run over or under or consolidate with the current system
except for in Raleigh.
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2.B. ASSOCIATION OF LOCAL GOVERNMENT AUDITORS RECOGNITION
OF THE INTERNAL AUDIT DEPARTMENT
Mr. Stegmaier recognized the Internal Audit Department for
their compliance with Government Auditing Standards for the
past twelve years.
Mr. Louis Lassiter expressed appreciation to the Board for
their support.
2.C. 2008 ELECTION PREPARATIONS
Mr. Larry Haake, Registrar, updated the Board on preparations
taken by the Registrar's Office for the 2008 elections to
include increased public awareness, media coverage, and
public announcements.
In response to Mr. Holland's questions, Mr. Haake stated the
Registrar's Office is distributing 105 percent of ballots for
the total number of registered voters. He further stated
machine technicians will be placed in the field with extra
ballots and the Registrar's Office has trained over 800 new
officers of elections. He provided the Board with the
reasons a citizen can vote absentee.
In response to Mr. Warren's question, Mr. Haake provided
details on the process for absentee voting.
Mr. Warren expressed appreciation to Mr. Haake for all of the
work done to ensure a smooth election day.
Mr. Haake stated with the expected number of registered
voters turning out to vote that citizens need to have
patience.
2.D. COUNTY ADMINISTRATOR'S REPORT
Mr. Stegmaier announced that the county had selected a new
Fire Chief, Mr. Edward "Loy" Senter, Jr.
Mr. Stegmaier reported that staff is working on a
comprehensive report on the economy and budget status of the
county to be provided to the Board at their October 31st work
session.
Mr. Warren expressed appreciation for the thorough report and
requested the Board to focus on the budget for the work
session.
Mr. Holland expressed appreciation for the report and stated
the Board will continue to work with the School Board Liaison
Committee to review possible reductions in their budget.
3. BOARD MEMBER REPORTS
There were no Board member reports at this time.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
replaced Item 8.C.l.b., Adoption of Resolution Approving the
Economic Development Authority's Issuance of Pollution
Control Refunding Revenue Bonds, and replaced Item 8.C.l.c.,
Adoption of Resolution Confirming the Industrial Development
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Authority of Richmond County's Issue of its Revenue Bonds for
the Benefit of Shining Light Community Outreach Foundation
Located in Chesterfield County.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
5. RESOLUTIONS
5.A. RECOGNIZING MS. JUDY ALLEN, POLICE DEPARTMENT, UPON HER
RETIREMENT
Colonel Dupuis introduced Ms. Judy Allen, who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Ms. Judy S. Allen began her public service with
Chesterfield County as dispatcher with the Police Department
on May 1, 1977 and has faithfully served Chesterfield County
for thirty-one years; and
WHEREAS, Ms. Allen has served the Police Department in
the capacity of dispatcher, police aide - Police Property
Division, senior police aide, and kennel master; and
WHEREAS, Ms. Allen and her fellow Police Property co-
workers, helped prepare for, test, and implement an Automated
Property and Inventory System; and
WHEREAS, as a kennel master, Ms. Allen has exhibited
excellent customer service skills in dealing with citizens
and co-workers; and
WHEREAS, Ms. Allen has been very successful in helping
citizens find the right pet for their family; and
WHEREAS, Ms. Allen has been dedicated to the care of the
animals in the shelter and has gone the extra mile to ensure
they receive .proper care and are maintained in a clean
environment; and
WHEREAS, by providing quality public service, Ms. Allen
has symbolized the type of employee Chesterfield County
seeks; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Ms. Allen's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of October 2008,
publicly recognizes Ms. Judy S. Allen and extends on behalf
of its members and the citizens of Chesterfield County
appreciation for her dedicated service to the county.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Ms. Allen, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Mr. Holland presented the executed resolution to Ms. Allen
and expressed appreciation for her years of service to
Chesterfield County.
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Mr. Stegmaier presented an acrylic statue and county watch to
Ms. Allen and expressed appreciation for her hard work and
dedication to Chesterfield County.
S.B. RECOGNIZING MS. CAROLE NUNNALLY, UTILITIES DEPARTMENT,
UPON HER RETIREMENT
Mr. Bill Wright introduced Ms. Carole Nunnally who was
present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Ms. Carole H. Nunnally retired from the
Chesterfield County Utilities Department on October 1, 2008;
and
WHEREAS, Ms. Nunnally in her earlier career, enjoyed a
diverse background of professional positions, both in the
private and public sectors, thus developing a broad-based and
well-rounded portfolio of skills and supervisory abilities;
and
WHEREAS, Ms. Nunnally began her public service with
Chesterfield County on April 17, 1978, as a draftsman for the
Department of Utilities where she has faithfully served the
department and county for over thirty years; and
WHEREAS, Ms. Nunnally, with her responsibilities related
to providing superior utility mapping data to address the
significant growth experienced by Chesterfield County during
the 1980's, applied vision and foresight by assisting in
developing the department's electronic mapping program, thus
promoting her to engineering data supervisor; and
WHEREAS, due to her extensive knowledge, Ms. Nunnally
has been a tremendous leader and dedicated professional with
respect to geospatial data management, and with her
foresight, has been instrumental in the evolution from
antiquated paper systems to the department's current, state-
of-the-art, electronic Geographic Information System; and
WHEREAS, Ms. Nunnally has advocated the use of
technology to more efficiently and effectively provide
services, and as such, virtually all of the department's
employees have benefited from the Geographic Information
System Application's created under her direction; and
WHEREAS, Ms. Nunnally has been instrumental in
developing processes that combine electronic applications,
microfilm data and paper resources to research prior Utility
projects, thus providing valuable information to staff and
the citizens of Chesterfield County; and
WHEREAS, throughout her career, Ms. Nunnally unselfishly
gave of her time and talents by mentoring her staff and
developing them into the efficient and cohesive team they are
today; and
WHEREAS, Ms. Nunnally, through her leadership, vision
and positive attitude, has played a vital role in the
Engineering Data Management section, of the Department of
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Utilities as a productive member of the Supervisory Team, and
her presence will surely be missed.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of October 2008,
publicly recognizes Ms. Carole H. Nunnally and extends on
behalf of its members and the citizens of Chesterfield County
appreciation for over 30 years of exceptional service to the
county.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Ms. Nunnally, 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.
Mr. Holland presented the executed resolution to Ms. Nunnally
and expressed appreciation for her dedication to Chesterfield
County.
Mr. Stith presented a county watch to Ms. Nunnally and
expressed appreciation for her dedication to the Utilities
Department.
Mr. Stegmaier presented an acrylic statue to Ms. Nunnally and
expressed appreciation for her hard work on behalf of the
citizens of Chesterfield County.
6. WORK SESSIONS
There were no work sessions at this time.
7. DEFERRED ITEMS
There were no deferred items at this time.
8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
suspended its rules to allow simultaneous nomination/
reappointment of members to serve on the Board of Building
Code Appeals.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.A.1. BOARD OF BUILDING CODE APPEALS
On motion of Mr. Holland, seconded by Mr. Warren, the Board
simultaneously nominated/reappointed Mr. Stephen H. Conner,
Mr. James G. Kester, and Mr. C. Brown Pearson, III to serve
on the Board of Building Code Appeals.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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8.B. STREETLIGHT INSTALLATION COST APPROVALS
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
approved the following streetlight installations:
BERMUDA DISTRICT
• In the Fan Court subdivision, on Canterbury Road in the
vicinity of 11409
Cost to install streetlight: $496.64
DALE DISTRICT
• In the Drewrys Bluff subdivision, on Bluffside Drive in
the vicinity of 3511, on the existing pole
Cost to install streetlight: $258.15
• In the Kings Grove subdivision, on South Jessup Road, in
the vicinity of 5736
Cost to install streetlight: $1,431.27
• In the Jessup Farms subdivision, at the intersection of
Bayview Drive and Turner Road.
Upgrade the existing 7000 lumen mercury vapor open
fixture to the county standard 8000 lumen high pressure
sodium vapor enclosed fixture
Cost to upgrade streetlight: $386.35
• In the Belfair subdivision, at the intersection of
Belmont Road and Laurelwood Road.
Upgrade the existing 7000 lumen mercury vapor open
fixture to the county standard 8000 lumen high pressure
sodium vapor enclosed fixture
Cost to upgrade streetlight: $442.28
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C. CONSENT ITEMS
8.C.1. ADOPTION OF RESOLUTIONS
8.C.l.a. TO AUTHORIZE A GRANT APPLICATION TO THE VIRGINIA
DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION FOR
THE CHESTERFIELD ACCESS TRANSPORTATION PROGRAM
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
BE IT RESOLVED by the Board of Supervisors of the County
of Chesterfield that James J.L. Stegmaier, County
Administrator, is authorized, for and on behalf of the Board
of Supervisors of the County of Chesterfield, hereafter
referred to as the PUBLIC BODY, to execute and file an
application to the Department of Rail and Public
Transportation, Commonwealth of Virginia, hereafter referred
to as the DEPARTMENT, for a grant of financial assistance in
the amount of $10,000 to defray the costs borne by the PUBLIC
BODY for public transportation purposes and to accept from
the DEPARTMENT grants in such amounts as may be awarded, and
to authorize James J.L. Stegmaier, County Administrator to
furnish to the DEPARTMENT such documents and other
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information as may be required for processing the grant
request.
The Board of Supervisors of the County of Chesterfield
certifies that the funds shall be used in accordance with the
requirements of Section 58.1-638.A.4 of the Code of Virginia,
that the PUBLIC BODY will provide funds in the amount of
$10,000, which will be used to match the state funds in the
ratio as required in such Act, that the records of receipts
of expenditures of funds granted the PUBLIC BODY may be
subject to audit by the DEPARTMENT and by the State Auditor
of Public Accounts, and that funds granted to the PUBLIC BODY
for defraying the expenses of the PUBLIC BODY shall be used
only for such purposes as authorized in the Code of Virginia.
The undersigned duly qualified and acting Clerk to the Board
of Supervisors of the PUBLIC BODY certifies that the
foregoing is a true and correct copy of a resolution, adopted
at a legally convened meeting of the Board of Supervisors of
the County of Chesterfield held on the day of October 22,
2008.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.l.b. APPROVING THE ECONOMIC DEVELOPMENT AUTHORITY'S
ISSUANCE OF POLLUTION CONTROL REFUNDING REVENUE
BONDS
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, by resolution adopted on June 21, 2007 and at
the request of Virginia Electric and Power Company (the
"Company"), the Economic Development Authority of the County
of Chesterfield, Virginia (the "Authority"), approved the
issuance by the Authority of up to $40,000,000 of its
pollution control refunding revenue bonds (the "Refunding
Bonds") to refund the Industrial Development Authority of the
County of Chesterfield Money Market Municipals Pollution
Control Revenue Bonds (Virginia Electric and Power Company
Project) Series 1985, currently outstanding in the aggregate
principal amount of $40,000,000 (the "Refunded Bonds");
WHEREAS, by resolution adopted on July 25, 2007, the
Board of Supervisors of Chesterfield County (the "Board")
approved the Company's refinancing of the Facilities and the
issuance of the Refunding Bonds;
WHEREAS, due to unforeseen changes in the capital
markets for tax-exempt bonds, the Company determined to
temporarily suspend the refinancing of the Facilities and the
issuance of the Refunding Bonds. The Company now wishes to
proceed with the refinancing and federal tax law requires the
Board and the Authority to affirm their respective approvals
of the issuance of the Refunding Bonds;
WHEREAS, the Authority has recommended that the Board
ratify and affirm its approval of the issuance of the
Refunding Bonds;
WHEREAS, a copy of the Authority's resolution ratifying
and affirming its approval of the issuance of the Refunding
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Bonds, a certificate of the public hearing and a Fiscal
Impact Statement have been filed with the Board; and
WHEREAS, except to the extent modified by this
resolution, the Board now desires to ratify and affirm its
prior resolution adopted on July 25, 2007.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY:
1. The Board ratifies
issuance of the Refunding
aggregate principal amount
required by Section 147 (f) c
of the Code of Virginia of
Code") .
and affirms its approval of the
Bonds by the Authority in an
not to exceed $40,000,000, as
f the Code and Section 15.2-4906
1950, as amended (the "Virginia
2. Except to the extent modified by this resolution,
the Board hereby ratifies and affirms its prior resolution
adopted on June 28, 2007.
3. This resolution shall take effect immediately upon
its adoption.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.l.c. CONFIRMING THE INDUSTRIAL DEVELOPMENT AUTHORITY OF
RICHMOND COUNTY'S ISSUE OF ITS REVENUE BONDS FOR
THE BENEFIT OF SHINING LIGHT COMMUNITY OUTREACH
FOUNDATION LOCATED IN CHESTERFIELD COUNTY
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
The Economic Development Authority of the County of
Chesterfield (the "Chesterfield Authority") and the
Industrial Development Authority of Richmond County, Virginia
(the "Richmond County Authority") have considered the
application of Shining Light Community Outreach Foundation
(the "Applicant"), requesting that the Richmond County
Authority issue revenue bonds in a principal amount not to
exceed $3,000,000 (the "Bonds") to assist the Applicant in
financing the construction, equipping and development of a
facility in Chesterfield County to be used primarily as a
preschool/childcare center with recreational fields and
facilities to serve the center and to host youth sports
activities and sports programs for the disabled
(collectively, the "Project").
The Applicant has represented that it is a nonprofit
corporation affiliated with Woodlake United Methodist Church
(the "Church"), and that the Project will be used by the
Applicant in furtherance of its charitable mission to nurture
persons physically, mentally, emotionally and spiritually
through educational and recreational programming. The child
care center will be leased by the Applicant and located in a
separate 5,000 square foot wing of a 15,000 square foot
multipurpose building owned by the Church. The recreational
fields will also be leased from the Church. The Project will
not include a sanctuary or any facilities to be used
primarily for Sunday school purposes.
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The Richmond County Authority adopted a resolution on
August 13, 2008, following a public hearing, in which it
authorized the issuance of the Bonds and requested that the
Richmond County Board of Supervisors (the "Richmond County
Board"), the Chesterfield Authority and the Chesterfield
County Board of Supervisors (the "Chesterfield County Board")
concur with such resolution and approve of the issuance of
the Bonds. On September 11, 2008, the Richmond County Board
adopted a resolution approving the issuance of the Bonds.
The Chesterfield Authority adopted a resolution on
October 16, 2008, following a public hearing, approving the
Project and requesting that the Chesterfield County Board
approve the issuance of the Bonds by the Richmond County
Authority and concur with the resolution adopted by the
Richmond County Authority.
A copy of the Richmond County Authority's Summary of
Public Hearing Certificate, which includes, among other
things, its approval resolution, a summary of the comments
made at the public hearing and the Applicant's Fiscal Impact
Statement, has been filed with the Chesterfield County Board.
A copy of the Chesterfield Authority's Summary of Public
Hearing Certificate, which includes, among other things, its
approval resolution, a summary of the comments made at the
public hearing and the Applicant's Fiscal Impact Statement,
has been filed with the Chesterfield County Board.
Section 147(f) of the Internal Revenue Code of 1986, as
amended (the "Code"), provides that the highest elected
governmental unit of the locality having jurisdiction over
the issuer of private activity bonds and over the area in
which -any facility financed with the proceeds of private
activity bonds is located must approve the issuance of the
bonds, and the Chesterfield County Board constitutes the
highest elected governmental unit of Chesterfield County.
Section 15.2-4905 of the Code of Virginia of 1950, as
amended, permits an industrial development authority to
finance a facility in another locality in which there exists
an industrial development authority provided the governing
body of the locality in which the facility is or will be
located concurs with the resolution adopted by the authority
offering to finance such facility.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA:
1. The Chesterfield County Board accepts the Summary
of Public Hearing Certificates provided by the Richmond
County Authority and the Chesterfield Authority and approves
the issuance of the Bonds by the Richmond County Authority
for the benefit of the Applicant to permit the Richmond
County Authority to assist in the development and financing
of the Project in Chesterfield County.
2. The Chesterfield County Board concurs with the
resolution adopted by the Richmond County Authority.
3. The concurrence and approval of the issuance of the
Bonds does not constitute an endorsement to a prospective
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purchaser of the Bonds of the creditworthiness of the Project
or the Applicant. Further, the Bonds shall contain a
statement to the effect that neither the Richmond County
Authority, Richmond County, the Chesterfield Authority nor
Chesterfield County shall be obligated to pay the principal
of, premium, if any, or interest on the Bonds or other costs
incident thereto except from the revenues and moneys pledged
therefore, and neither the faith and credit nor the taxing
power of the Commonwealth of Virginia nor any political
subdivision thereof, including the Richmond County Authority,
Richmond County, the Chesterfield Authority and Chesterfield
County, shall be pledged thereto.
4. By submitting this Resolution to the Chesterfield
County Board, the Applicant has agreed to indemnify and save
harmless Chesterfield County, the Chesterfield Authority and
their officers, directors, supervisors and their employees
and agents from and against all liabilities, obligations,
claims, damages, penalties, losses, costs and expenses in any
way connected with the Project or the issuance of the Bonds
by the Richmond County Authority, including but not limited
to, those arising in connection with any governmental review,
investigation or audit of the Bonds, the Project or the
Applicant.
5. This Resolution shall take effect immediately upon
its adoption.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.l.d. RECOGNIZING LIEUTENANT COLONEL WILLIAM A. "ANDY"
SCRUGGS, JR., POLICE DEPARTMENT, UPON HIS
RETIREMENT
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Lieutenant Colonel William A. "Andy" Scruggs,
Jr. will retire from the Chesterfield County Police
Department on November 1, 2008, after providing 32 years of
quality service to the citizens of Chesterfield County; and
WHEREAS, Lieutenant Colonel Scruggs has faithfully
served the County in the capacity of patrol officer,
investigator, sergeant, lieutenant, captain, major, and
lieutenant colonel; and
WHEREAS, Lieutenant Colonel Scruggs' law enforcement
career began in 1974, with the Statesboro City Police
Department, Statesboro, Georgia; and
WHEREAS, Lieutenant Colonel Scruggs has served in
numerous assignments throughout his career with Chesterfield
to include field training officer, crime scene technician,
general instructor, driving instructor, shift administrative
sergeant, and watch commander; and
WHEREAS, Lieutenant Colonel Scruggs has served as the
immediate supervisor for the Crash Team, Marine Patrol, and
Aviation Unit, where he also was the first sergeant to
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supervise the Chesterfield pilots in the Metro-Aviation Unit;
and
WHEREAS, Lieutenant Colonel Scruggs received the Chief's
Commendation Award for his intense investigative work while
leading the team that swiftly solved the 1993 Rosenbluth
double homicide; and
WHEREAS, Lieutenant Colonel Scruggs was the recipient of
the Mason T. Chalkley Supervisory Concern for People Award;
and
WHEREAS, Lieutenant Colonel Scruggs started the Major
Case Section and the Civilian Forensic Investigator Program
in the Criminal Investigations Division; and
WHEREAS, Lieutenant Colonel Scruggs organized and
executed the county's first large scale reverse drug
operation; and
WHEREAS, in response to the D.C. Sniper incident of
October 2002, Lieutenant Colonel Scruggs co-authored the
region's "Sniper Response Plan"; and
WHEREAS, Lt. Colonel Scruggs has overseen numerous high
profile capital cases which resulted in successful
investigations and prosecutions, thereby protecting the
citizens of Chesterfield County; and
WHEREAS, Lieutenant Colonel Scruggs led the design team
for the county's newest mobile command center; and
WHEREAS, Lieutenant Colonel Scruggs is a graduate of the
Administrative Officers Management Program at NC State, the
Police Executive Leadership School at University of Richmond,
Chesterfield County TQI University, and the Leading,
Educating, and Developing School at University of Virginia;
and
WHEREAS, Lieutenant Colonel Scruggs has received
numerous letters of thanks and appreciation for service
rendered from the citizens of Chesterfield County; and
WHEREAS, Lieutenant Colonel Scruggs 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 Lieutenant Colonel Scruggs' diligent
service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Lieutenant Colonel
William A. "Andy" Scruggs, Jr., and extends on behalf of its
members and the citizens of Chesterfield County appreciation
for his service to the county, congratulations upon his
retirement, and best wishes for a long and happy retirement.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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8.C.l.e. RECOGNIZING OCTOBER 24-25, 2008, AS "TAYLOR-LEWIS
WEEKEND" IN CHESTERFIELD COUNTY
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Chesterfield County is proud to be the home of
Virginia State University; and
WHEREAS, VSU will celebrate its 2008 Homecoming on
October 24th and 25th, 2008; and
WHEREAS, it is an appropriate time to recognize two of
Virginia State University's most famous and successful
alumnae; and
WHEREAS, Dr. William "Billy" Taylor and the late Mr.
Reginald F. Lewis both graduated from Virginia State
University and went on to have distinguished careers; and
WHEREAS, Dr. Taylor was born in Greenville, North
Carolina in 1921 and earned his baccalaureate degree from VSU
in 1942 and a doctorate in music education from Amherst in
1975; and
WHEREAS, Dr. Taylor achieved fame as a musician, and has
distinguished himself as a jazz pianist for more than 50
years, beginning with his first professional appearance at
the age of 13 ; and
WHEREAS, Dr. Taylor formed the Billy Taylor Trio, worked
in radio at station WNEW, became music director and
bandleader of the David Frost Show, taught at Howard
University and received numerous accolades and awards,
including the Lifetime Achievement Award from Down Beat
magazine; the Peabody Award for a radio series; the National
Medal of the Arts; the New York City Mayor's Award for Art
and Culture; Man of the Year designation by the National
Association of Jazz Educators; and was named by President
Richard Nixon to the National Council on the Arts; among many
other distinctions; and
WHEREAS, Mr. Reginald F. Lewis was born in Baltimore,
Maryland in 1942 and attended VSU on a football scholarship,
later attending Harvard law School; and
WHEREAS, Mr. Lewis establis
and Clarkson, specializing in
formed TLC, LP, an investment
international conglomerate with
1992, making him one of the most
our time; and
hed his own law firm, Lewis
corporate law; and later,
group that he grew to an
$51.6 billion in sales in
successful entrepreneurs of
WHEREAS, Mr. Lewis was a noted philanthropist who shared
his good fortune by establishing the Reginald F. Lewis
Foundation, which has given more than $10 million to worthy
causes around the world; and
WHEREAS, before his untimely death in 1993 at the age of
50, Mr. Reginald F. Lewis amassed a personal fortune
estimated at $400 million, and quietly gave away large
amounts to help many others to succeed.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
Board of Supervisors, this 22nd day of October, 2008, hereby
08-728
10/22/08
declares the weekend of October 24-25, 2008, to be "Taylor-
Lewis Weekend" in Chesterfield County in recognition of the
outstanding contributions of these two noteworthy alumnae of
Virginia State University.
AND, BE IT FURTHER RESOLVED that this resolution be
recorded among the papers of this Board of Supervisors of
Chesterfield County, Virginia.
Ayes: Warren, Decker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.2. ACCEPTANCE OF GRANT AWARDS
8.C.2.a. FROM THE UNITED STATES DEPARTMENT OF JUSTICE, PAUL
COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANTS
PROGRAM TO PROVIDE FORENSIC TRAINING, AND TRAVEL,
AS WELL AS PURCHASE CAMERAS AND OTHER EQUIPMENT TO
PROCESS FORENSIC EVIDENCE
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the Police Department to accept and appropriate
the award from the US Department of Justice, Paul Coverdell
Forensic Science Improvement Grants program in the amount of
$86,315, and authorized the County Administrator to execute
all documents.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.2.b. FROM THE UNITED STATES DEPARTMENT OF JUSTICE OFFICE
OF COMMUNITY ORIENTED POLICING SERVICES TO PURCHASE
AND INSTALL NEW AND RECLAIMED PERMANENT-MOUNT CAR
RADIOS
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the Police Department to accept and appropriate
the award from the United States Department of Justice COPS
Office 2008 COPS Technology Program Grant, in the amount of
$126,266 and authorized the County Administrator to execute
all documents.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.2.c. FROM THE STATE WIRELESS E-911 SERVICES BOARD TO
SUPPORT THE REPLACEMENT OF COMPUTER-AIDED DISPATCH
SYSTEM PERSONAL COMPUTERS AND TO OBTAIN A VIDEO
DISPLAY SYSTEM WITHIN THE EMERGENCY COMMUNICATIONS
CENTER
On motion of Mr. Decker, seconded by Ms. Durfee, the Board
accepted and appropriated $137,632 in state wireless grant
funds to support the replacement of Computer Aided Dispatch
(CAD) system personal computers and to obtain a Video Display
system within the Emergency Communications Center (ECC).
Ayes: Warren, Decker, Jaeckle, Holland, and Durfee.
Nays: None.
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8.C.3. SET DATES FOR PUBLIC HEARINGS
8.C.3.a. TO CONSIDER AMENDING COUNTY CODE SECTION 15-196
RELATING TO RATES FOR TAXI SERVICES
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
set November 12, 2008, at 6:30 p.m. for a public hearing for
the Board to consider amending County Code Section 15-196
relating to rates for taxi services.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.4. APPROVAL OF CHANGES IN THE SECONDARY SYSTEM OF STATE
HIGHWAYS, CENTRE STREET, STATE ROUTE 1513
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution for changes in the Secondary
System of State Highways:
WHEREAS, a sketch has been prepared for the Board of
Supervisors which depicts abandonments and additions required
in the secondary system of state highways as a result of the
reconstruction and relocation of portions of Centre Street,
State Route 1513, which sketch is incorporated herein by
reference; and,
WHEREAS, the portions of Centre Street, State Route
1513, identified to be abandoned no longer serve a public
need; and,
WHEREAS, portions of Centre Street have been
reconstructed and relocated and serve the same citizens as
the portions of Centre Street, State Route 1513, identified
to be abandoned.
NOW THEREFORE, BE IT RESOLVED, the Board of Supervisors
hereby orders the portions of road identified as segment A B-
C, Centre Street, State Route 1513, a distance of 0.14 miles,
as shown on the incorporated sketch, abandoned as part of the
secondary system of state highways, pursuant to §33.1-155,
Code of Virginia; and,
BE IT FURTHER RESOLVED, that the Board of Supervisors
requests the Virginia Department of Transportation to add to
the system of state highways the portions of road identified
as segments A-B-D, a distance of 0.14 miles, to be added
pursuant to X33.1-229, Code of Virginia; and,
BE IT FURTHER RESOLVED, that the Board of Supervisors
does hereby request that the Commonwealth Transportation
Commissioner certify, in writing, that the portion of Centre
Street hereby abandoned and identified as segment B-C is no
longer deemed necessary for uses of the secondary system of
state highways pursuant to §33.1-154 of the Code of Virginia,
1950, as amended; and,
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer for the
VDOT.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
08-730
10/22/08
8.C.5. APPROPRIATION OF FEDERAL AND STATE REVENUES FOR THE
PART C EARLY INTERVENTION FOR INFANTS AND TODDLERS
WITH DISABILITIES AND THEIR FAMILIES PROGRAM
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
appropriated $331,188.67 in federal and state revenue and
expenditures for the Part C Early Intervention for Infants
and Toddlers with Disabilities Program in Mental Health
Support Services.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.6. APPROPRIATION OF MEDICAID REVENUE IN FY2009 FOR THE
REGIONAL RESIDENTIAL SUPPORTIVE HOUSING PROGRAM
TITLED HOUSING FIRST - A PLACE TO START
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
appropriated $424,900 in Medicaid revenue and expenditures
for the operation of this regional program known as A Place
To Start.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.B.7. STATE ROAD ACCEPTANCE
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project: Five Forks Village South, Amended Section 5
Type Change to the Secondary System of State Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia §33.1-229
Street Name and/or Route
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• Willow Grove Court, State Route Number 7310
From: Willow Grove Rd., (Rt. 5969)
To: Cul-de-sac, a distance of: 0.04 miles.
Recordation Reference: Pb. 167 Pg. 38
Right of way width (feet) = 50
• Willow Grove Place, State Route Number 7311
From: Willow Grove Rd., (Rt. 5969)
To: Cul-de-sac, a distance of: 0.03 miles.
Recordation Reference: Pb. 167 Pg. 38
Right of Way width (feet) = 50
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.8. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH E. I.
DUPONT DE NEMOURS AND COMPANY REGARDING THE COST OF
CONSTRUCTING IMPROVEMENTS AT THE FALLING CREEK
WASTEWATER TREATMENT PLANT
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the County Administrator to execute a Memorandum
of Understanding with E. I. DuPont De Nemours and Company
(DuPont) in a form acceptable to the County Attorney,
regarding the cost of constructing improvements at the
Falling Creek Wastewater Treatment Plant.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.9. REQUESTS TO QUITCLAIM
8.C.9.a. A PORTION OF A SIXTEEN-FOOT SEWER EASEMENT AND TWO
TEN-FOOT TEMPORARY CONSTRUCTION EASEMENTS ACROSS
THE PROPERTY OF SINA05, LLC
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of the 16-foot sewer easement and two 10-foot
temporary construction easements across the property of
Sina05, 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 ACROSS THE
PROPERTY OF MYERS FAMILY PARTNERSHIP, L.P.
On motion of Mr. Gecker, seconded by Ms. Durfee, 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 across the property of Myers
Family Partnership, L.P. (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.
08-732
10/22/08
8.C.9.c. A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS THE
PROPERTY OF HENRY ELMER MYERS, JR.
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
16-foot drainage easement across the property of Henry Elmer
Myers, Jr. (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.11. REQUESTS FOR PERMISSION
8.C.11.a. FROM BRIAN K. ADKINS FOR A FENCE WITH A GATE AND
PEDESTRIAN OPENING TO BE INSTALLED ON COUNTY
PROPERTY
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved a request from Brian K. Adkins for permission for a
fence with a gate and pedestrian opening to be installed and
maintained on county property, 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.ll.b. FROM B-MAT HOMES, INCORPORATED TO USE AND MAINTAIN
AN EXISTING GRAVEL DRIVEWAY WITHIN A FIFTY-FOOT
UNIMPROVED COUNTY RIGHT OF WAY
On motion of Mr. Gecker, seconded by Ms.
approved a request from B-Mat Homes, Inc.
use and maintain an existing gravel drivew~
unimproved county right of way, subject to
license agreement. (It is noted a copy of
with the papers of the Board.)
Durfee, the Board
for permission to
~.y within a 50-foot
the execution of a
the plat is filed
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.ll.c. FROM PROSPECT HOMES OF RICHMOND, INCORPORATED FOR
PROPOSED DECKS TO ENCROACH WITHIN A VARIABLE WIDTH
DRAINAGE AND UTILITY EASEMENT ACROSS LOTS 3, 4, 5
AND 6, PLAT OF RESUBDIVISION OF BELFAIR TOWNHOUSES
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved a request from Prospect Homes of Richmond, Inc., for
permission for proposed decks to encroach within a variable
width drainage and utility easement across Lots 3, 4, 5 and
6, plat of resubdivision of Belfair Townhouses, 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.
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8.C.12. AWARD ANNUAL ENGINEERING CONTRACTS FOR PROFESSIONAL
ENGINEERING SERVICES FOR WATER AND WASTEWATER
pR CI.TF. C'T
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the County Administrator to execute contracts for
annual services with Austin Brockenbrough & Associates, LLP;
Black & Veatch Corp.; Malcolm Pirnie Inc.; URS Corp.; and
Whitman, Requardt & Associates, LLP.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.13. AWARD OF CONSTRUCTION CONTRACT FOR DWIGHT AVENUE,
REYMET ROAD, AND ARCADIA AVENUE WATER LINE
IMPROVEMENTS
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
awarded a construction contract to Ward and Stancil in the
amount of $437,199.55, for Dwight Avenue, Reymet Road, and
Arcadia Avenue water line improvements, and authorized the
County Administrator to execute the necessary documents.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.14. ACCEPTANCE OF PARCELS OF LAND
8.C.14.a. ALONG BELLWOOD ROAD FROM CHESTERFIELD LANDCO, LLC.
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted the conveyance of a parcel of land containing 0.09
acres along Bellwood Road from Chesterfield Landco, 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.14.b. ALONG BELLWOOD ROAD FROM EASTERN SLEEP PRODUCTS
COMPANY
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted the conveyance of a parcel of land containing 0.12
acres along Bellwood Road from Eastern Sleep Products
Company, and authorized the County Administrator to execute
the deed. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
08-734
10/22/08
8.C.14.c. ALONG WOOLRIDGE ROAD AND TIMBER BLUFF PARKWAY FROM
GINA L. GROOMS
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted the conveyance of two parcels of land containing a
total of 0.108 acres along Woolridge Road and Timber Bluff
Parkway from Gina L. Groome, 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.15. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
MATOACA DISTRICT IMPROVEMENT FUND
8.C.15.a. TO THE PARKS AND RECREATION DEPARTMENT TO PURCHASE
A PLAQUE TO BE INSTALLED AT THE ALBERTA SMITH
ELEMENTARY SCHOOL FOOTBALL FIELD IN DEDICATION TO
MARTY ROSE AND JEFF BEATMAN
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
transferred $752 from the Matoaca District Improvement Fund
to the Parks and Recreation Department to purchase a plaque
to be installed at the Alberta Smith Elementary School
football field in dedication to Marty Rose and Jeff Beatman.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.15.b. TO VIRGINIA STATE UNIVERSITY FOR A DONATION TO ITS
SCHOLARSHIP PROGRAM
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
transferred $2,000 from the Matoaca District Improvement Fund
to Virginia State University for its scholarship program.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
The following item was removed from the Consent Agenda for
staff discussion:
8.C.3.b. TO CONSIDER A PROPOSED CHARTER CHANGE TO CREATE AN
INDEPENDENT CIRCUIT COURT CLERK
Mr. Micas stated due to the advertising requirements, the
Board needed to set the public hearing for the Board to
consider the proposed Charter change to create an independent
Circuit Court Clerk for November 19, 2008.
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
set November 19, 2008, at 6:30 p.m. for a public hearing for
the Board to consider a proposed Charter change to create an
independent Circuit Court Clerk.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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The following items were removed from Consent Agenda for
Board discussion:
8.C.10. CONSIDERATION OF THE USE OF A WASTEWATER PUMPING
STATION TO SERVE A PORTION OF THE PROPOSED
"MEADOWVILLE LANDING AT RIVERS BEND" DEVELOPMENT
In response to Mr. Gecker's questions, Mr. Bill Wright stated
currently a large portion of the property is not suitable for
gravity sewer system and will utilize a wastewater pumping
station. He further stated the county bears the cost for the
maintenance of the station. He stated a 30-day deferral of
this item until November 19, 2008 to allow discussion
relating to the original zoning case for this property would
not create a hardship.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
deferred consideration of the use of a public wastewater
pumping station to serve a portion of the "Meadowville
Landing at Rivers Bend" development.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.16. APPROVAL OF A SIXTY-DAY EXTENSION OF A CONTRACT TO
PURCHASE APPROXIMATELY FIFTY-SEVEN PLUS OR MINUS
ACRES OF COUNTY-OWNED LAND LOCATED AT THE
INTERSECTION OF IRONBRIDGE ROAD AND COURTHOUSE ROAD
TO IRONBRIDGE LAND COMPANY
In response to Mr. Gecker's question, Mr. Stegmaier stated
there have been negotiations with parties interested in
purchasing this land and another proposal has recently been
received. He further stated primary discussions have
included setting a price and off-site improvements. He
stated the current contract expires on October 28, 2008, and
staff is requesting a 60-day extension to allow staff to
bring updated information to the Board.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved a 60-day extension of the Purchaser's feasibility
study period under the existing sales contract to purchase
approximately fifty-seven plus or minus acres of county-owned
land located at the intersection of Ironbridge Road and
Courthouse Road to Ironbridge Land Company.
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
On motion of Ms. Durfee, seconded by Mr. Warren, the Board
accepted the following reports: a Report on Developer Water
and Sewer Contracts and a Report on Status of General Fund
08-736
10/22/08
Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases.
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. DINNER
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
recessed to the Lane B. Ramsey Administration Building, Room
502 for dinner.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Reconvening:
12. INVOCATION
Mr. Holland gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Retired U.S. Marine Corps Major Don Kappel led the Pledge of
Allegiance to the Flag of the United States of America.
14. RESOLUTIONS
14.A. RECOGNIZING MR. GLEN KEMP UPON RECEIVING THE 2008
VIRGINIA STATEWIDE NEIGHBORHOOD CONFERENCE
NEIGHBORHOOD ADVOCATE OF THE YEAR AWARD
Mr. Tom Jacobson introduced Mr. Glen Kemp, who was present to
receive the resolution with his wife and neighbor, Cliff
Bickford.
On motion of Ms. Durfee, seconded by Mr. Gecker, the Board
adopted the following resolution:
WHEREAS, Mr. Glen Kemp is an active member of the Salem
Woods Homeowners Association, where he serves as president,
finance committee chairman, and Webmaster; and
WHEREAS, Mr. Kemp led the Salem Woods residents in the
preparation of a subdivision revitalization plan to improve
the quality of life for all residents; and
WHEREAS, Mr. Kemp is a dedicated committee member and
team captain for the American Cancer Society Relay for Life;
and WHEREAS, Mr. Kemp has been a volunteer youth basketball
coach since the 1980s; and
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10/22/08
WHEREAS, Mr. Kemp is a member and director of a musical
band "Breakpoint" that leads gatherings in prisons,
neighborhood fundraisers, and churches; and
~.
WHEREAS, Mr. Kemp is an active member of the
Chesterfield County Sustain Our Communities Committee; and
WHEREAS, Mr. Kemp chairs the Internet web work group of
the Chesterfield Sustain Our Communities Committee; and
WHEREAS, Mr. Kemp donates countless hours of his
personal time to youths, church, charities, the Salem Woods
Neighborhood, and Chesterfield County.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of October 2008,
publicly recognizes Mr. Glen Kemp as the Virginia
Neighborhood Advocate of the Year and appreciates his
accomplishments and commitment to our community.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution is presented to Mr. Kemp, 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.
Mr. Holland presented the executed resolution to Mr. Kemp and
expressed appreciation for his hard work to protect the
county's neighborhoods.
Mr. Kemp expressed appreciation to the Board and the county
for their support.
Mr. Bickford expressed appreciation to Mr. Kemp for his
dedication to the county.
14.B. RECOGNIZING THE JEFFERSON DAVIS ASSOCIATION UPON
RECEIVING THE 2008 VIRGINIA STATEWIDE NEIGHBORHOOD
CONFERENCE NEIGHBORHOOD ORGANIZATION OF THE YEAR
AWARD
Mr. Tom Jacobson introduced members of the Jefferson Davis
Association who were present to receive the resolution.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, the Jefferson Davis Association is a non-profit
organization of business and residential leaders committed to
improving the quality of life and the business vitality of
the Route 1 Corridor; and
WHEREAS, since its establishment in 1992, the Jefferson
Davis Association has been a driving force for the
revitalization of the Route 1 Corridor; and
WHEREAS, in 1998, the Jefferson Davis Association
established the Falling Creek Ironworks Foundation to
preserve, investigate, and develop the site of the first
ironworks in North America; and
WHEREAS, in 2001, the Jefferson Davis Association
established the BizWorks Enterprise Center as a non-profit
08-738
10/22/08
business incubator to assist small businesses to develop and
grow; and
WHEREAS, in 2006, the Jefferson Davis Association began
the Historic Route 1 project to promote the history of Route
1 in Chesterfield County and beyond for tourism and economic
development; and
WHEREAS, this leadership on the history of Route 1 has
resulted in a Maine to Florida tourism campaign directed by
the Richmond Metropolitan Convention and Visitors Bureau; and
WHEREAS, the Jefferson Davis Association is developing a
major streetscape project on Route 1 by coordinating plans
and securing financing through corporate donations and
grants; and
WHEREAS, the organization
coalition to provide relocation
trailer park residents; and
is spearheading a local
assistance to the Americana
WHEREAS, the members of the Jefferson Davis Association
donate countless hours of their personal and professional
time to improve their community.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of October 2008,
publicly recognizes the Jefferson Davis Association and its
members for being named the 2008 Neighborhood Organization of
the Year by the Virginia Statewide Neighborhood Conference.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution is presented to the Jefferson Davis Association,
and that a copy of 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 to the members
of the Jefferson Davis Association and expressed appreciation
for the amount of time they dedicate to the community.
Mr. Rick Young expressed appreciation for the support of the
county for the Jefferson Davis Association's efforts to
revitalize the Jefferson Davis Corridor.
15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no speakers at this time.
16. 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
08SN0292
In Bermuda Magisterial District, SUZANNE DULEY requests
Conditional Use and amendment of zoning district map to
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10/22/08
permit a business (office use) incidental to a dwelling unit
in a Residential (R-7) District. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for residential use of 4.0 dwellings
per acre or less. This request lies on 0.4 acres and is known
as 17825 Willowynde Road. Tax ID 808-649-6917.
Ms. Rogers stated the applicant had withdrawn the request and
it would be appropriate for the Board to acknowledge the
withdrawal.
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
acknowledged the withdrawal of Case 08SN0292.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
08SN0285
In Bermuda Magisterial District, EMERSON-ROPER COMPANIES, LLC
requests rezoning and amendment of zoning district map from
Agricultural (A) to Community Business (C-3) with Conditional
Use to permit multifamily use 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 neighborhood mixed
use uses. This request lies on 5.0 acres fronting
approximately 290 feet on the north line of Chester Village
Drive across from Village Creek Drive. Tax ID 787-657-6225.
Ms. Rogers stated Ms. Jaeckle is requesting the Board to
remand Case 08SN0285 to the Planning Commission to allow the
applicant to address the impact on capital facilities.
Ms. Carrie Coyner, the applicant's representative, stated the
request for remand was acceptable.
Mr. Warren called for public comment.
There being no one to speak to the remand, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
remanded Case 08SN0285 to the Planning Commission.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
nacun2~~
In Dale Magisterial District, CELLCO PARTNERSHIP d/b/a
VERIZON WIRELESS requests Conditional Use and amendment of
zoning district map to permit a communications tower in a
Residential (R-7) District. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for residential use of 7.01 dwelling units per
acre or more. This request lies on 1.9 acres located within
08-740
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the southwest quadrant of the interchange of Chippenham
Parkway and Belmont Road. Tax Map 772-686.
Ms. Rogers stated Mr. Holland is requesting deferral of Case
08SN0231 to December 17, 2008.
Mr. Chuck Rothenburg, the applicant's representative, stated
the deferral recommendation was acceptable.
Mr. Warren called for public comment.
There being no one to address the deferral, the public
hearing was closed.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
deferred Case 08SN0231 to December 17, 2008.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
nQe*Tn~Q~
In Midlothian Magisterial District, VICTORY LADY requests
Conditional Use and amendment of zoning district map to
permit a computer-controlled, variable message, electronic
sign. The density of such amendment will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for general
commercial use. This request lies in a Community Business (C-
3) District on 1.9 acres fronting approximately 220 feet on
the north line of Midlothian Turnpike, approximately 630 feet
west of Robious Road. Tax ID 749-709-1045.
Ms. Rogers stated Mr. Gecker is requesting a deferral of Case
08SN0286 to the regularly scheduled zoning meeting in March
2009.
Mr. Brian Kelmar, the applicant's representative, stated the
recommendation was acceptable.
Mr. Warren called for public comment.
There being no one to speak to the deferral, the public
hearing was closed.
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
deferred Case 08SN0286 to the regularly scheduled zoning
meeting in March 2009.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
nQe*Tn~~G
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
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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.
Ms. Rogers presented a summary of Case 08SN0276 and stated
the Planning Commission and staff recommended approval
subject to seven (7) conditions.
Mr. Van Thompson, 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. Gecker, seconded by Mr. Warren, the Board
approved Case 08SN0276 and accepted the following conditions:
1. The tower shall be located as depicted on a survey and
site plan submitted with the application entitled Happy
Hill Rawland Monopine, prepared by Clark Nexsen
Architecture & Engineering, last revised September 18,
2008. (P)
2. The base of the tower shall be enclosed by a minimum six
(6) foot high fence, designed to preclude trespassing.
All mature trees within the tree save area and outside
of the compound, as depicted on the plan referenced in
Condition 1 shall be preserved. This condition does not
preclude the removal of any vegetation that is dead,
diseased or dying. A detailed plan depicting these
requirements shall be submitted to the Planning
Department for approval. (P)
3. The color, design and lighting system for the tower
shall be as follows:
a. The tower color shall blend with surrounding
vegetation, as acceptable to the Planning
Department.
b. The tower shall not be lighted.
c. The tower shall be a monopine/treepole structure.
(P)
4. Any 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. (P)
(NOTE: Section 19-570 (b) and (c) would require the
screening of mechanical equipment located on the
building or ground from adjacent properties and public
rights of way. Screening would not be required for the
tower or tower-mounted equipment.)
5. The tower shall not exceed a height of 128 feet. (P)
6. There shall be no signs permitted to identify this use.
(P)
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10/22/08
7. 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)
Ayes: Warren, Gecker, Holland, and Durfee.
Nays: None.
Abstain: Jaeckle.
Ms. Jaeckle noted that she was abstaining from voting on this
request because she is a member of the church where the tower
is to be located.
Mr. Micas stated under state law Ms. Jaeckle does not have a
conflict of interest, but is choosing not to participate in
the case.
nQCUn~Q~
In Bermuda Magisterial District, NEW GENERATION INVESTMENTS
LLC requests rezoning and amendment of zoning district map
from Community Business (C-3) to General Business (C-5) The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for general commercial
use. This request lies on 0.6 acres fronting approximately
180 feet on the west line of Jefferson Davis Highway also
fronting approximately 150 feet on the south line of General
Boulevard and located in the southwest corner of the
intersection of these roads. Tax IDs 794-666-6494, 6990 and
7283.
Ms. Rogers presented a summary of Case 08SN0287 and stated
the Planning Commission and staff recommend approval.
Mr. James Davis, the applicant's representative, stated the
recommendation was acceptable.
Mr. Warren called for public comment.
There being no one to speak to the request, the public
hearing was closed.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
approved Case 08SN0287.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
09SN0101
In Matoaca Magisterial District, ANDRE A. GOODS requests
rezoning and amendment of zoning district map from
Residential (R-7) to Corporate Office (O-2) with Conditional
Use to permit a trade (barber and beauty) school use. 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
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4.0 units per acre or less. This request lies on 0.2 acres
and is known as 3410 Boisseau Street. Tax ID 796-611-3052.
Ms. Rogers presented a summary of Case 09SN0101 and stated
the Planning Commission and staff recommended approval.
Mr. Andre Goode 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 Ms. Durfee, seconded by Mr. Gecker, the Board
approved Case 09SN0101.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
17. PUBLIC HEARINGS
17.A. TO CONSIDER A LEASE-PURCHASE AGREEMENT FOR PROPERTY AT
19300 CHURCH ROAD-WITH CHESTERFIELD ALTERNATIVES,
INCORPORATED FOR THE BUILD-A-HOUSE PROJECT
Ms. Becky Dickson stated this date and time had been
advertised for the Board to consider a Lease-Purchase
Agreement for property at 19300 Church Road with Chesterfield
Alternatives, Incorporated for the Build-A-House Project.
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
approved the lease-purchase agreement for property at 19300
Church Road with Chesterfield Alternatives, Incorporated for
the Build-A-House Project.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
085N0217
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
08-744
10/22/08
the request complies with the Central Area Plan. She
informed the Board that in order to consider the proffered
conditions submitted in the addendum, the Board must suspend
their rules since they were submitted subsequent to
advertisement of the case.
Mr. Andy Scherzer, the applicant's representative, clarified
the revisited proffered conditions.
Ms. Diana Parker presented a video from Toronto of an
incident which occurred in August 2008, in which a fuel tank
facility exploded. She expressed concerns relating to the
closeness of the proposed fuel tanks to Harry Daniel Park at
Ironbridge.
Ms. Betty Taylor, an adjacent property owner, stated she
attended a meeting in which the Fire Department was in
attendance and they could not guarantee what would happen in
the event of an emergency.
Ms. Sharon Quigley, a representative of Central Chesterfield
Little League, spoke in opposition to the request.
Mr. Scherzer provided details relating to the location and
contents of the proposed tanks.
Mr. Holland expressed appreciation to the citizens for
attending the meeting.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
suspended its rules at this time to allow for consideration
of the amended proffered conditions.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
In response to Mr. Gecker's question, Mr. Randy Phelps stated
if there was a fuel spill and the adjacent property owner's
well was affected, the house could be connected to the county
water system. He further stated the cost of connecting to
the county water system would be the responsibility of the
applicant.
Ms. Scherzer stated the proposed underground tank would have
1,000 gallons of capacity and would be surrounded by a
containment system. He further stated underground tanks are
required to be doubled-walled and have a monitoring system on
site.
Mr. Bruce Spencer, one of the owners of the business,
provided an explanation of how the monitoring system works to
detect a fuel leak.
Mr. Holland made a motion, seconded by Ms. Jaeckle, for the
Board to approve Case 08SN0217 and accept the proffered
conditions.
In response to Ms. Durfee's question, Mr. Scherzer stated the
tanks will be located at the furthest point away from the
ballfields in Ironbridge Park. He further stated landscaping
will be required in the buffer adjacent to Ms. Taylor.
08-745
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Ms. Orr provided an explanation of the screening requirement
in the zoning ordinance.
In response to Mr. Gecker's question, Mr. Robbie Dawson
stated with all of the safety requirements, the proposed
development would be safe.
Mr. Warren called for a vote on the motion by Mr. Holland,
seconded by Ms. Jaeckle, for the Board to approve Case
08SN0217 and accept the following proffered conditions:
1. Utilities. All uses shall be connected to the public
waste water system with the exception of one warehouse
building located on the Heavy Industrial I-3 portion of
the subject property shall be permitted to develop on a
septic system, subject to Health Department regulations.
At such time as public wastewater service has been
extended and is available to the remainder of the
property, the warehouse shall be connected to the public
waste water system. (U)
2. 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)
3. Access. Direct vehicular access from the property to
Ironbridge Road (Route 10) shall be limited to one (1)
entrance/exit. The exact location of this access-shall
be approved by the Transportation Department. (T)
4. Right of Way Dedication. Prior to any site plan
approval or within sixty (60) days of a written request
by the Transportation Department, whichever occurs
first, one hundred (100) feet of right of way on the
east side of Route 10, measured from the centerline of
the roadway immediately adjacent to the property, shall
be dedicated, free and unrestricted, to and for the
benefit of Chesterfield County. (T)
5. Road Improvements. The developer shall be responsible
for the following road improvements:
A. Construction of an additional lane of pavement
along Route 10 for the entire property frontage;
B. Construction of additional pavement along the
northbound lanes of Route 10 at the approved access
to provide a separate right turn lane;
C. Construction of additional pavement along the
northbound lanes of Route 10 at the Quaiff Lane
intersection to provide a separate right turn lane;
D. Full cost of traffic signalization of the
intersection of Route 10 and Quaiff Lane, if
warranted as determined by the Transportation
Department.
08-746
10/22/08
E. Dedication to Chesterfield County, free and
unrestricted, any additional right-of-way (or
easements) required for the improvements identified
above. In the event the developer is unable to
acquire any "off-site" right-of-way that is
necessary for any improvement described in
Proffered Condition 5, 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)
6. Phasing Plan. Prior to any site plan approval a phasing
plan for the required road improvements, as identified
in Proffered Condition 5, shall be submitted to and
approved by the Transportation Department. The approved
phasing plan shall require, among other things, that
prior to issuance of any occupancy permit with initial
development, the road improvements as identified in
proffered condition 5A and 5C shall be completed as
determined by the Transportation Department. (T)
7. Uses. Permitted uses shall be as follows:
A. Within the portion of the property zoned Heavy
Industrial (I-3), permitted uses shall be limited
to petroleum products or fuel (liquid distribution)
not to exceed 90,000 gallons of propane and 140,000
gallons of liquid limited to the following: bulk
tank storage of kerosene, diesel fuel and heating
oil; packaged storage of motor oils; and one (1)
gasoline tank not to exceed 1,000 gallons used
solely for fueling company owned vehicles.
B. Within the portion of the property zoned
Neighborhood Business (C-2), permitted uses shall
be limited to uses permitted by right or with
restrictions in the Neighborhood Business (C-2)
District, except that gasoline/fuel sales shall be
prohibited. (P)
8. Outside Storage. Within the portion of the property
zoned Heavy Industrial (I-3), outside storage shall be
permitted provided that: ,
A. Outside storage is limited to: company vehicles;
individual propane tank storage; a maximum of three
(3) above ground bulk fuel storage tanks, exclusive
of one (1) above ground gasoline storage tank not
to exceed 1,000 gallons used solely for fueling
company owned vehicles; and a maximum of seven (7)
below ground bulk fuel storage tanks. Trailers
shall not be permitted to be used for storage.
B. Outside storage shall be limited to a maximum area
of 80,000 square feet located generally in the
08-747
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southeast
exact loca
Department
C. Screening
compatible
(P)
corner of the request property.- The
~tion shall be approved by the Planning
at the time of site plan review.
of outside storage areas shall be
with screening on Tax ID #772-673-4300.
(Note: This condition is in addition to the screening
requirements of the Zoning Ordinance.)
9. Architecture. Buildings and materials shall be
compatible with the development on Tax ID ##772-673-4300.
(P)
(Note: This condition is in addition to the
architectural requirements of the Zoning Ordinance)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
07SN0358
In Matoaca Magisterial District, CHRIS AND GLADYS KALENTZOS
request rezoning and amendment of zoning district map from
Residential (R-40) to Residential (R-15). Residential use of
up to 2.9 units per acre is permitted in a Residential (R-15)
District. The Comprehensive Plan suggests the property is
appropriate for single family residential use of 2.0 units
per acre or less. This request lies on 8.1 acres fronting
approximately 500 feet on the west line of Weatherbury Place
approximately 1160 feet north of Genito Road. Tax IDs 711-
689-1531, 2247 and 2465.
Ms. Robert Clay presented a summary of Case 07SN0358 and
stated the Planning Commission and staff recommend denial,
due to the impact on area roads not being adequately
addressed.
Mr. Andy Scherzer, the applicant's representative, requested
the Board to remand the case to the Planning Commission to
allow the applicant the ability to present changes relating
to physical road improvements. He stated Mr. Bass, the
Matoaca District Planning Commissioner, had recommended the
applicants in the area work together to improve Otterdale
Road. He further stated the applicant has agreed to address
certain needed road improvements prior to the first building
permit.
In response to Mr. Warren's question, Mr. Scherzer stated the
information presented to the Board was presented to the
Planning Commission; however, the Commission did not receive
the revisions until the day of the public hearing. He noted
Mr. Gulley was not present.
Mr. Warren called for public comment.
Ms. Carrie Coyner, representing Case 07SN0361, stated Mr.
Bass had suggested the applicants for the four similar zoning
requests work collectively to address transportation
concerns. She requested the Board remand Case 07SN0361 to
08-748
10/22/08
the Planning Commission to allow the opportunity to come
before the Board with the best case possible.
Mr. David Webb, an area property owner, urged the Board to
consider the proffers submitted by the applicant if the case
is going to heard. He stated he is in opposition to the
request and the current proffer policy does not provide for
increases in the amount for inflation.
Mr. Greg Blake, a Matoaca District resident, stated the
applicant is requesting more time to address road needs;
however, school, library, and fire station needs also should
be addressed. He further stated this rezoning is an example
of sprawl development.
In response to Mr. Webb's statement, Mr. Gecker stated the
current proffer system does allow for increases in the amount
based upon inflation.
Mr. James Shelton, an area resident, spoke in opposition to
the request.
Ms. Kitty Snow, an area resident, stated the request should
be denied. She further stated Genito Road is unsafe.
Mr. Peter Martin spoke in opposition to the case citing the
lack of adequate public facilities.
Mr. David Webb provided a clarification on his earlier
comments relating to the proffer system. He stated road
needs exceed the funding sources necessary to accommodate
those needs.
Dr. Betty Hunter-Clapp, an area resident, expressed concerns
relative to the impact of the proposed development on water
quality.
Mr. Tom Pakurar, President of Hands Across the Lake, stated
an additional proffer is needed to mitigate the impact on
RPAs. He further stated the applicant should proffer to use
LID techniques to protect water quality of the county. He
inquired if the Board denies this request, how would the
county generate funds for improvements to Otterdale Road.
Mr. Scherzer stated water quality proffers consistent with
the recommendations of the Upper Swift Creek Plan and that
offered by Roseland have been submitted. He further stated
the applicant may be willing to consider proffering LID
design. He requested the Board remand the case back to the
Planning Commission.
In response to Ms. Jaeckle's question, Mr. Scherzer stated
Mr. Bass suggested the applicants of the four zoning cases
located on Otterdale Road work collectively to address
transportation improvements.
There being no one else to address the request, the public
hearing was closed.
Ms. Durfee stated Case 07SN0358, which is a request from R-40
to R-15, was filed in May 2007. She provided details on her
two main concerns with the request, which are the location
and the county's ability to provide for public facilities and
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services. She stated the applicant has had sufficient time
to determine what would be necessary to put the case in the
best position possible. She further stated the developers
have been made aware of what is expected to be incorporated
into pending zoning requests to address the concerns relating
to public facilities and the environment. She stated the
road improvements proffered in the zoning requests are a
band-aid approach to the needed improvements along Otterdale
and Genito Roads. She further stated the citizens in the
Upper Swift Creek area cannot afford to drive on unsafe roads
any longer. She provided a clarification on the statement
made by Mr. Bass when he spoke of remanding the case at the
last Planning Commission meeting. She stated because the
proffers were submitted too late for the Planning Commission
to consider, Mr. Bass did not accept them and stated possibly
the Board would remand the case back to the Planning
Commission. She further stated after further discussions
with Mr. Bass, the decision was made that it would not be
best to remand the case. She provided details to the Board
relating to the total number of residents in the Upper Swift
Creek area, not having sufficient fire stations to serve the
area and the number of calls to Fire Stations 7 and 16.
Ms. Durfee then made a motion, seconded by Mr. Holland, for
the Board to deny Case 07SN0358.
Ms. Jaeckle inquired again for an answer to her question
relating to Mr. Bass' comment about remanding the case.
Ms. Durfee stated she spoke with Mr. Bass and the case was
denied on a vote of 4-0 due to a number of issues, but that
he cautioned the case may be remanded due to the late
submission of some of the proffers. She further stated after
further consideration Mr. Bass does not feel it would be in
the best interest to remand the case.
Mr. Holland stated the synopsis of the Planning Commission's
meeting on September 16, 2008, points out additional concerns
Mr. Bass had with the request.
Ms. Jaeckle stated she feels there are a lot of issues to be
addressed, but the applicant should be allowed to bring the
best case forward.
Ms. Durfee stated the case has been around since May 2007 and
the applicant has had ample opportunity to meet with the
Transportation Department since the Planning Commission
meeting to address those concerns. She expressed concerns
relative to the amount of staff time spent on zoning requests
that linger for over a year.
Mr. Gecker stated this case is an example of the process
being broken. He further stated it is unfair for applicants
to be misled relative to the possibility of the case being
remanded. He stated this case deserves the chance to have
full consideration by the Planning Commission. He further
stated the majority of the time the case was pending, the
Board was not hearing cases in the Upper Swift Creek area due
to the pending Plan amendment. He explained the county needs
to depend upon the development community to address road
needs.
08-750
10/22/08
Ms. Durfee stated she and Mr. Bass had discussed the best
option for the case and remanding it to the Planning
Commission was not an option. She further stated the
applicant has known for some time what was expected to
address the issues.
Mr. Decker then made a substitute motion, seconded by Ms.
Jaeckle, for the Board to remand Case 07SN0358 to the
Planning Commission.
Ayes: Decker and Jaeckle.
Nays: warren, Holland, and Durfee.
Mr. Decker's motion failed.
Mr. Warren called for a vote on the motion of Ms. Durfee,
seconded by Mr. Holland, for the Board to deny Case 07SN0358.
Ayes: Warren, Decker, Jaeckle, Holland, and Durfee.
Nay: None.
07SN0359 (Amended)
In Matoaca Magisterial District, M & K DEVELOPERS request
rezoning and amendment of zoning district map from
Agricultural (A) and Residential (R-40) to Residential (R-15)
of 26.8 acres with Conditional Use on 3.4 acres of this 26.8
acre tract to permit a business (special events) incidental
to a dwelling unit. Residential use of up to 2.9 units per
acre is permitted in a Residential (R-15) District. The
density of the Conditional Use will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for single family
residential use of 2.0 units per acre or less. This request
is located in the northeast quadrant of Genito Road and
Weatherbury Place. Tax IDs 711-688-3114 and 7172; and 712-
689-1950.
Mr. Clay presented a summary of Case 07SN0359 and stated the
Planning Commission recommended denial of the rezoning and
approval of the Conditional Use subject to the conditions. He
further stated staff noted the rezoning proposal does not
adequately address the impacts on roads.
Mr. Andy Scherzer, the applicant's representative, stated the
applicant is requesting the case to be remanded to the
Planning Commission.
Mr. Warren called for public comment.
Mr. Steven King, one of the applicants, stated he purchased
the subject property two years ago. He further stated prior
to purchasing the property, he met with Planning staff and
Mr. Bass and submitted the zoning application consistent with
the desires expressed at those meetings. He stated Mr. Bass
suggested the applicants of area zoning cases work together
to address transportation issues. He stated that in his
opinion this request is being penalized due to the other
pending proposals in the area.
08-751
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10/22/08
Dr. Betty Hunter-Clapp, an area property owner, urged the
Board to deny the case.
Ms. Kitty Snow, an area property owner, urged the Board to
deny the case due to the need for transportation improvements
on Genito and Otterdale Roads.
Mr. Tom Pakurar, President of Hands Across the Lake, stated a
proffer is needed to mitigate the impact on streams.
Mr. Angel Martinez, a local real estate agent, stated what is
being done to the applicant is not fair. He urged the Board
to approve Case 07SN0359.
Mr. Peter Martin, an area property owner, urged the Board to
deny the case.
Mr. King stated his partner and himself have purchased the
property for $1.6 million and a denial of the request would
severely limit development potential. He further stated not
until one month ago were they informed that access to Genito
Road would be prohibited and there had not been sufficient
time to address that restriction.
In response to Mr. Decker's question, Mr. McCracken stated
the applicant had been informed within the last 30 days that
access to Genito Road was not acceptable.
Mr. Decker expressed concern relative to the lateness of this
decision.
In response to Mr. Holland's question, Mr. Clay stated the
rezoning application was filed on May 14, 2007.
Mr. Holland stated the school impact data is over a year old.
He further stated he would like to see updated information
readily available to the public.
Mr. Warren stated the Board needs to receive updated data
when it is available on rezoning requests.
Ms. Durfee stated the case was filed in May 2007, which gives
an applicant or owner plenty of time to determine what is
needed to have the case ready to bring before the Planning
Commission or Board. She further stated this case is sprawl
development, not infill development. She stated the Upper
Swift Creek area needs public facilities, such as a library
and fire station. She further stated road improvements are
needed to improve the safety of Otterdale and Genito Roads.
Ms. Durfee then made a motion, seconded by Holland, for the
Board to deny Case 07SN0359.
Mr. Gecker then made a substitute motion, seconded by
Jaeckle, for the Board to remand Case 07SN0359 back to the
Planning Commission.
Ayes: Gecker and Jaeckle.
Nays: warren, Holland, and Durfee.
Mr. Gecker suggested remanding the
the applicants to revise the reques
08-752
case would allow time for
t to address the issues.
10/22/08
Ms. Jaeckle stated not remanding this case is a breach of
trust and contract.
Mr. Warren called for a vote on the motion of Ms. Durfee,
seconded by Mr. Holland, for the Board to deny Case 07SN0359.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays:- None.
Mr. Micas stated this request was a single zoning case with
two aspects to it and the motion was to deny the entire case
and it carried.
07SN0360
In Matoaca Magisterial District, DOUGLAS SOWERS requests
rezoning and amendment of zoning district map from
Agricultural (A) and Residential (R-40) to Residential (R-
15) Residential use of up to 2.9 units per acre is permitted
in a Residential (R-15) District. The Comprehensive Plan
suggests the property is appropriate for conservation:
passive recreation and single family residential use of 2.0
units per acre or less. This request lies on 2 tracts
totaling 198.8 acres the first fronting approximately 2160
feet on the west line of Otterdale Road approximately 1230
feet north of Genito Road and the second fronting
approximately 130 feet on the west line of Otterdale Road
approximately 470 feet south of Genito Road. Tax IDs 711-692-
2160; 712-688-4372; 712-689-3422, 6214, 7342 and 8374; and
713-689-3525.
Mr. Clay presented a summary of Case 07SN0360 and stated the
Planning Commission and staff recommend denial due to the
impact on public facilities not being adequately addressed.
Mr. Andy Scherzer, the applicant's representative, requested
the Board remand the case to the Planning Commission.
Mr. Warren called for public comment.
Mr. Tom Pakurar, President of Hands Across the Lake, stated
only 10 acres of the 198.8 acres of the request property is
located outside environmental encumbrances. He further
stated a proffer is needed for the mitigation of the
environmental impact and for the use of LID standards. He
urged the Board to deny the request.
Ms. Kitty Snow, an area property owner, stated it is the
Board's responsibility to uphold the rules of the Upper Swift
Creek Plan which were implemented for public safety. She
urged the Board to deny this request.
Dr. Betty Hunter-Clapp, an area property owner, urged the
Board to deny the request due to environmental issues. She
stated the Plan calls for passive recreation uses on that
portion of the property.
Mr. Scherzer requested direction be given to the development
community on how to mold zoning requests to insure approval
from the Board.
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Ms. Durfee expressed appreciation to Mr. Scherzer for the
numerous discussions regarding zoning cases. She stated each
zoning case needs to be tied to a comprehensive plan for the
county. She further stated significant improvements are
needed on Otterdale and Genito Roads.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
denied Case 07SN0360.
Ayes: Warren, Decker, Jaeckle, Holland, and Durfee.
Nays: None.
Ms. Jaeckle stated it does not make sense to remand this case
unless the other associated cases are also remanded.
07SN0361
In Matoaca Magisterial District, ROBERT C. SOWERS AND DOUGLAS
AND SUSAN SOWERS request rezoning and amendment of zoning
district map from Agricultural (A) to Residential (R-12) 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
conservation: passive recreation and single family
residential use of 2.0 units per acre or less. This request
lies on 26.2 acres fronting approximately 1030 feet on the
west line of Otterdale Road approximately 3380 feet north of
Genito Road. Tax IDs 713-691-1673 and 8928; and 714-690-1660.
Ms. Orr presented a summary of Case 07SN0361 and stated the
Planning Commission and staff recommend denial due to the
impact on public facilities not being adequately addressed.
Ms. Carrie Coyner, the applicant's representative, stated the
development community is willing to work together on the four
zoning cases and denying these requests will send the message
to the development community that it is not beneficial for
applicants to work together. She requested the Board remand
the request to the Planning Commission.
Mr. Warren called for public comment.
Mr. David Webb, an area property owner, spoke in opposition
to the request. He stated a road improvement plan is needed.
He urged the Board to consider adding transportation
improvements to the next bond referendum.
Mr. Peter Martin, an area property owner, spoke in opposition
to the request due to the transportation improvements needed
along Otterdale and Genito Roads.
Dr. Betty Hunter-Clapp, an area property owner, urged the
Board to deny this request due to its proximity to the Upper
Swift Creek Reservoir and the impact on water quality.
Ms. Andrea Epps, a resident of Brandermill, questioned the
Board on how the county plans to pay for the road
improvements needed along Otterdale and Genito Roads.
Mr. Tom Pakurar, President of Hands Across the Lake, stated
additional proffers are needed to mitigate impacts in the
watershed and to insure LID standards are used.
08-754
10/22/08
Ms. Coyner requested the Board to remand the case to Planning
Commission. She stated the case is a good case, but the
applicant is trying to make it better.
Ms. Durfee expressed appreciation to the citizens for
speaking at the meeting. She stated citizens in the Upper
Swift Creek area cannot afford to continue to drive on unsafe
roads. She further stated the current proffer system has a
deficit.
Mr. Gecker stated the county needs to address what it wants
to do with the road improvements and then address a way to
achieve the goals. He further stated the county should not
raise revenues without a plan to use those funds. He stated
there is a need to bring the private sector to the table to
assist with the infrastructure needs of the county. He
further stated the levels of service standards in the Upper
Swift Creek Plan, were to set standards for transportation
needs to give the private sector a bar to meet. He stated
the Board's actions will discourage the private sector from
coming together to look at addressing needs that the proffer
system has not been able to successfully address.
Mr. Holland stated the Board will articulate a policy for
funding and building of roads.
Ms. Durfee stated the county needs to look at different
funding sources for transportation needs. She further stated
adding transportation to the next bond referendum may be a
viable source.
Ms. Jaeckle expressed disappointment relating to the cases
not being remanded to the Planning Commission to allow the
applicants a chance to work on the transportation
improvements.
Mr. Warren stated the citizens need to continue expressing
their concerns to the General Assembly relating to the
state's responsibility for transportation improvements. He
further stated these zoning cases come to the Board with a
recommendation of denial from the Planning Commission and
staff .
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
denied Case 07SN0361.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
After brief discussion, the Board directed staff to bring
forward an agenda item to initiate a rezoning request for M &
K Developers for a special events business on that property
which was the subject of Case 07SN0359.
08SN0254
In Dale Magisterial District, FINER HOMES, INC. requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12) Residential use of up
to 3.63 units per acre is permitted in a Residential (R-12)
District. The Comprehensive Plan suggests the property is
appropriate for residential use of 1.0-2.5 dwelling units per
acre. This request lies on 5.6 acres fronting approximately
550 feet on the south line of Beulah Road approximately 270
feet west of Salem Church Road. Tax ID 777-674-Part of 2340.
Ms. Rogers presented a summary of Case 08SN0254 and stated
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10/22/08
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. Mr. Warren called for
public comment. On motion of Mr. Holland, seconded by Ms. ,
the Board approved Case 08SN0254 and accepted the following
proffered conditions:
Ms. Orr presented a summary of Case 08SN0254 and stated the
Planning Commission and staff recommend approval and
acceptance of the proffered conditions. She further stated
there was opposition relative to the traffic impact at the
Planning Commission meeting.
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. Holland, seconded by Ms. Durfee, the Board
approved Case 08SN0254 and accepted the following proffered
conditions:
1) Public water and wastewater shall be used. (U)
2) The applicant, subdivider, or assignee(s) shall pay the
following, for infrastructure improvements within the
service district for the property, to the county of
Chesterfield prior to the issuance of building permit:
A) $18,080.00 per dwelling unit, if paid prior to
July 1, 2009; or
B) I f payment i s made after June 3 0, 2 0 0 9, the amount
approved by he Board of Supervisors not to exceed
$18,080.00 per dwelling unit adjusted annually in
accordance with the cash proffer policy.
C) Cash proffer payment shall be spent for the
purposes proffered or as otherwise permitted by
law.
D) Should any impact fees be imposed by the County of
Chesterfield at any time during the life of the
development that are applicable to the property,
the amount paid in cash proffers shall be in lieu
of or credited toward, but not be in addition to,
any impact fees, in a manner determined by the
County. (B&M)
3) The maximum density of this development shall not exceed
ten (10) lots. (P)
4) 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)
5) There shall be no direct vehicular access from the
property to Beulah Road. (T)
08-756
10/22/08
6) In conjunction with recordation of the initial
subdivision plat, forty-five (45) feet of right-of-way
along the south side of Beulah Road, measured from the
centerline of that part of the roadway immediately
adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
7) The developer shall provide the following improvements
in conjunction with the initial development on the
property:
A) Widening/improving the south side of Beulah Road to
an eleven (11) foot wide travel lane, measured from
the existing centerline of the road, with an
additional one (1) foot wide paved shoulder plus a
seven (7) foot wide unpaved shoulder, and
overlaying the full width of the road with one and
a half (1.5) inch of compacted bituminous asphalt
concrete, with any modifications approved by the
Transportation Department, for the entire property
frontage.
B) Dedication to and for the benefit of Chesterfield
County, free and unrestricted, of any additional
right-of-way (or easements) required for the
improvements identified above. (T)
8) The minimum gross floor area for one story dwelling
units shall be 1700 square feet and dwelling units with
more than one story shall have a minimum gross floor
area of 1800 square feet. (BI & P)
9) All exposed portions of the foundation of each new
dwelling unit shall be faced with brick or stone veneer.
Exposed piers supporting front porches shall be faced
with brick or stone veneer. (BI & P)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
08SN0256
In Bermuda Magisterial District, KECK TRUST AND NINA V.
SHOOSMITH ET ALS request rezoning and amendment of zoning
district map from Agricultural (A) and Light Industrial (I-1)
to Heavy Industrial (I-3). 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/industrial uses. This request lies on
167 acres fronting approximately 1050 feet on the south line
of Bermuda Hundred Road approximately 1130 feet northwest of
Allied Road. Tax IDs 828-649-7372; 829-650-8343; 830-649-
1629; and 830-650-4043.
Ms. Orr presented a summary of Case 08SN0256 and stated the
Planning Commission and staff recommend approval and
acceptance of the proffered conditions. She further stated
opposition was present at the Planning Commission meeting.
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10/22/08
Mr. Jim Daniels, the applicant's representative, stated the
recommendation was acceptable.
Mr. Warren called for public comment.
Mr. Cliff Hamner, representing an adjacent property owner,
spoke in opposition to the request. He stated the property
owners are opposed to the proposal due to the intensity of
some of the permitted uses.
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 08SN0256 and accepted the following proffered
conditions:
1. The following uses shall not be permitted:
A. Blast furnaces, steel works and rolling and
finishing ferrous metals;
B. Coal and coke storage;
C. Crematoriums;
D. Iron and steel foundries;
E. Leather tanning;
F. Meat products manufacturing;
G. Nonferrous foundries and other primary metal
industries;
H. Paper, pulp and allied products manufacturing;
I. Primary smelting and refining of nonferrous metals;
J. Secondary smelting and refining of nonferrous
metals and alloys;
K. Mass transportation;
L. Motor Vehicle Service Station;
M. Water and wastewater treatment plants; and,
N. Paper recycling by the chemical method. (P)
2. Except for timbering approved by the Virginia Department
of Forestry for removing dead or diseased trees, there
shall be no timbering on the property until a land
disturbance permit has been obtained from the
Environmental Engineering Department and the approved
devices installed. (EE)
3. Dedication. Prior to any site plan approval or within
sixty (60) days of a written request by the
Transportation Department, whichever occurs first,
forty-five (45) feet of right of way on the south side
of Bermuda Hundred Road, measured from the centerline of
that part of Bermuda Hundred Road immediately adjacent
to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
4. Access. Direct vehicular access from the property to
Bermuda Hundred Road shall be limited to four (4)
entrances/exits. The exact location of these accesses
shall be approved by the Transportation Department. The
Transportation Department may modify this condition to
permit additional entrance(s)/exit(s) to Bermuda Hundred
Road. (T)
08-758
10/22/08
5. Transportation Improvements. The Developer shall be
responsible for the following road improvements. The
exact design of these improvements shall be approved by
the Transportation Department.
a. Construction of additional pavement along Bermuda
Hundred Road at each approved access to provide
left and right turn lanes.
b. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. (T)
6. A seventy (70) foot buffer shall be maintained adjacent
to the northern boundary of the Dominion Power easement
along the length of that easement that borders Homeacres
Subdivision. Except for a rail spur which runs
generally perpendicular through the buffer, such buffer
shall comply with the Zoning Ordinance requirements for
seventy-five (75) foot buffers. (P)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
nocun~nn
In Bermuda Magisterial District, CHRISTIAN LIFE WORSHIP
CENTER requests Conditional Use and amendment of zoning
district map to permit a church in a Heavy Industrial (I-3)
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 6.5 acres and is known as 11924 and
11930 Old Stage Road and 1800 and 1810 Osborne Road. Tax IDs
802-659-2721, 3919, 4660 and 5824.
Ms. Jane Peterson presented a summary of Case 09SN0100 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 Plan and being incompatible with existing and proposed
heavy industrial uses on the property and in the area.
Mr. Holland expressed concern relative to the granting of the
request for an additional three years versus two years.
Mr. Bob Ressler, the applicant's representative, stated the
Commission's recommendation was acceptable.
Mr. Warren called for public comment.
There being no one to speak to the request, the public
hearing was closed.
In response to Mr. Holland's question, Mr. Ressler stated 250
members currently attend the church which is actively seeking
another location.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
approved Case 09SN0100 and accepted the following proffered
conditions:
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1. The Conditional Use shall be granted for a period of
time not to exceed three (3) years from date of
approval . ( P )
2. Church use shall be limited to the building located on
Tax ID 802-659-5824 and identified on the plan approved
as part of Case 05SN0145. Associated parking may be
located on this or other properties which are included
as part of this request. (P)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. David Webb addressed the Board related to the county
using a differential proffer system as a way to address the
need for public facilities throughout the county.
20. ADJOURNMENT
On motion of Ms. Durfee, seconded by Mr. Warren, the Board
adjourned at 10:42 p.m. until October 31, 2008 at 10:00 a.m.
for a work session at Camp Thunderbird.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
J mes Ste aier
ounty Administrator
Arthur S. Warren
Chairman
08-760
10/22/08