2008-11-19 MinutesBOARD OF SUPERVISORS
MINUTES
November 19, 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
Staff in Attendance:
Ms. Janice Blakley,
Clerk to the Board
Mr. Kevin Bruny,
Dean of Chesterfield
University
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Will Davis, Dir.,
Economic Development
Ms. Rebecca Dickson, Dep.
County Administrator,
Human Services
Colonel Thierry Dupuis,
Police Department
Mr. Robert Eanes, Asst. to
the County Administrator
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Real Property Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. William E. Johnson,
Deputy County Admin.,
Management Services
Mr. Rob Key; Director,
General Services
Ms. Mary Lou Lyle, Dir.,
Accounting
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Dr. Marcus Newsome,
Superintendent,
Chesterfield County
Schools
Ms. Jo Lin Rohr,
Total Quality Coordinator
Ms. Chris Ruth, Asst. Dir.,
Public Affairs
Chief Edward Senter,
Fire Department
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Mr. M. D. Stith, Jr.,
Deputy County Admin.,
Community Development
Mr. Kirk Turner, Dir.,
Planning
Ms. Judy L. Worthington,
Circuit Court Clerk
Mr. Warren called the regularly scheduled meeting to order at
3:07 p.m.
1. APPROVAL OF MINUTES FOR OCTOBER 31, 2008 WORK SESSION
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved the minutes of October 31, 2008, as submitted.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. PRESENTATION OF FY2008 COMPREHENSIVE ANNUAL FINANCIAL
REPORT
Mr. Stegmaier introduced Mr. Rob Churchman, engagement
partner from KPMG, LLP.
Mr. Churchman presented the county's FY2008 Comprehensive
Annual Financial Report to the Board. He stated KPMG has
issued a clean audit opinion on Chesterfield County's CAFR,
(Comprehensive Annual Financial Report) meaning the CAFR is
materially correct. He further stated the county has
continued to receive the award for Cerificate of Excellence
in the presentation of its CAFR and will likely receive it
next year.
Mr. Stegmaier thanked Mr. Churchman for his efforts in the
auditing process. He also commended staff involved in the
audit process for outstanding performance that has helped
make Chesterfield County an outstanding example of financial
management in local government.
2.B. RECOGNITION OF THE UTILITIES DEPARTMENT'S RECEIPT OF
THE ASSOCIATION OF METROPOLITAN WATER AGENCIES PLATINUM
AWARD FOR UTILITY EXCELLENCE
Mr. Stegmaier recognized the Utilities Department for
receiving the Association of Metropolitan Water Agencies
(AMWA) Platinum Award for Utility Excellence at its annual
meeting in New Orleans.
Mr. Covington introduced members of the Utilities
Department's management team and expressed appreciation to
the Board for their continued support.
Ms. Durfee expressed appreciation to Mr. Covington for being
proactive in the Utilities Department.
2.C. VIRGINIA DEPARTMENT OF MOTOR VEHICLES PRESENTATION OF
THE 2008 HIGHEST SEAT BELT USAGE AWARD THROUGH THE
CLICK IT OR TICKET CAMPAIGN
Mr. Frank J. Kowaleski, law enforcement liaison of the
Virginia Highway Safety Office, presented Colonel Dupuis and
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Captain Dan Kelly with the 2008 Highest Seat Belt Use Award
as part of the Virginia Click It or Ticket campaign. He
provided statistics for number of citizens using their
seatbelts, DUI arrests, stolen vehicles, and other
violations.
Mr. Stegmaier expressed appreciation to Mr. Kowaleski and
expressed gratitude to the police department for their hard
work and dedication to the citizens of Chesterfield County.
Mr. warren expressed appreciation for the Police Department's
dedication to the Click It or Ticket campaign and
congratulated them on receiving the award.
2.D. COUNTY ADMINISTRATOR'S REPORT
Mr. Stegmaier reported updates to the Board on the results of
the Business Climate Survey, status of the Citizen Budget
Advisory Committee, a request for federal funds for the
Meadowville Technology Interchange and the status of the 2009
Legislative Program. He made a major announcement to the
Board regarding Sabra Dipping Company opening a facility
which will bring 260 new jobs to Chesterfield County in the
Ruffin Mill Industrial Park in 2010.
Mr. Will Davis stated Mr. Garrett Hart has worked on the
Sabra Dipping Company project for months. He further stated
this announcement would not be possible without the
dedication of all of the county departments to ensure a great
quality of life for the citizens.
Ms. Jaeckle thanked the Economic Development staff for their
hard work and dedication.
Mr. Stegmaier recognized Dr. Newsome and noted when citizens
think of a good quality of life, it also includes the quality
of the school system.
3. BOARD MEMBER REPORTS
Mr. Warren stated he had the pleasure of making a
presentation to the government class at Clover Hill High
School on job opportunities and careers within the county.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, .
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
There were no requests to postpone agenda items, additions or
changes in the order of presentation at this time.
5. RESOLUTIONS
5.A. RECOGNIZING OFFICER FIRST CLASS GARY BAILEY FOR
RECEIVING AWARD FROM MOTHERS AGAINST DRUNK DRIVING FOR
HIS EFFORTS IN KEEPING THE ROADWAYS OF CHESTERFIELD
COUNTY SAFE THROUGH THE REMOVAL OF DRUNK DRIVERS
Colonel Dupuis introduced Officer First Gary Bailey, who was
present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, on September 15, 2008, Chesterfield County
Officer First Class Gary Bailey was recognized by the
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Richmond Chapter of Mothers Against Drunk Driving during
their annual recognition ceremony; and
WHEREAS, the Richmond Chapter of Mothers Against Drunk
Driving recognized that Officer Bailey always places a high
emphasis on the detection of drunk drivers and their removal
from the roadways for the safety of both the drivers and
citizens of Chesterfield County; and
WHEREAS, Officer Bailey led the Chesterfield County
Police Department in 2007 for drunk driving arrests with 51
successful convictions, while also maintaining an 85 percent
clearance rate on his criminal investigations; and
WHEREAS, due to his expertise in DUI detection, Officer
Bailey is often tasked with teaching at the Chesterfield
County Police Academy or serving as a Field Training Officer
for recruits; and
WHEREAS, this is the second consecutive year that
Officer Bailey has received this prestigious award from
Mothers Against Drunk Driving.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Chesterfield County, Virginia, this 19th day
of November 2008, publicly recognizes Officer First Class
Gary Bailey and expresses appreciation, on behalf of all
Chesterfield County residents, for his outstanding efforts in
keeping our roadways safe through the removal of drunk
drivers.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Officer Bailey 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. Carter Hill, Mothers Against Drunk Driving
representative, expressed appreciation to Officer Bailey and
the Chesterfield County Police Department for their
dedication to removing drunk drivers from the roadways and
saving countless lives.
Ms. Durfee expressed appreciation to Officer Bailey for his
dedication to the safety of Chesterfield County citizens.
5.B. RECOGNIZING THE CHESTERFIELD HISTORICAL SOCIETY FOR ITS
EFFORTS TO PROTECT, PRESERVE AND PROMOTE CHESTERFIELD
COUNTY'S HISTORIC RESOURCES
Ms. Dickson introduced members of the Chesterfield Historical
Society who were present to accept the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield Historical Society was
established in 1981 and serves as the center for Chesterfield
County history; and
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WHEREAS, its purposes are to collect, preserve,
interpret and promote the county's unique past for the
education of present and future generations; and
WHEREAS, the Historical Society provides quality
lectures, programs and events that perpetuate Chesterfield's
rich history; and
WHEREAS, a collection of over 4,000 artifacts and 15,000
books, manuscripts, photographs and maps are maintained by
the Historical Society; and
WHEREAS, the Historical Society's Research Library
serves as the predominant resource for cemetery records,
local history and genealogical research; and
WHEREAS, the Cemetery Committee has documented and
researched over 500 cemeteries in Chesterfield County; and
WHEREAS, the Military History Committee is dedicated to
assisting the County to obtain, maintain and interpret
Chesterfield County's Civil War sites and conducts research
on all local war history; and
WHEREAS, the Bermuda Hundred Committee obtained National
Register of Historic Places status for the Bermuda Hundred
site in 2006; and
WHEREAS, the publication entitled "The Messenger" is
published quarterly by the Society to educate its members on
local historical topics of interest and upcoming events.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 19th day of November 2008,
publicly recognizes the Chesterfield Historical Society for
its significant achievements to the preservation and
proliferation of Chesterfield County history, extends its
gratitude and appreciation on behalf of all Chesterfield
County residents, and offers best wishes in the Historical
Society's continued efforts to protect, preserve and promote
Chesterfield County's historic resources.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Mr. Warren and Ms. Jaeckle presented the resolution to the
members of the Historical Society and expressed appreciation
for their dedication in preserving Chesterfield County
history.
Mr. Peter Lipowicz, President of the Historical Society,
stated the members of the Historical Society have logged over
6,000 hours of volunteering and thanked the Board for the
recognition.
6. WORK SESSIONS
There were no Work Sessions scheduled at this time.
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7. DEFERRED ITEMS
7.A. CONSIDERATION OF THE USE OF A WASTEWATER PUMPING
STATION TO SERVE A PORTION OF THE PROPOSED "MEADOWVILLE
LANDING AT RIVERS BEND" DEVELOPMENT
Mr. Covington stated use of gravity sewer system is not
practical from an engineering standpoint to be used at this
location.
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
approved the use of the wastewater pumping station to serve a
portion of the proposed "Meadowville Landing at Rivers Bend"
development.
Ayes: warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
7.B. APPROVAL OF PURCHASE AGREEMENT FOR THE ACQUISITION OF
AN 80-ACRE PARCEL OF LAND ON THE APPOMATTOX RIVER
In response to Mr. Warren's question, Mr. Harmon stated
concerns were expressed at the citizen's meeting regarding
the use of Penmar Drive and that the Planning Commission
deferred its decision on the Substantial Accord determination
for 30 days. He further stated an additional meeting will be
held in the Matoaca District. He stated there is no dispute
over the park land.
Ms. Durfee stated communication will continue with the
citizens and a follow-up community meeting is planned prior
to the Board's meeting in December.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
approved a purchase agreement for the acquisition of a parcel
of land containing approximately 80 acres from John J.
Radcliffe and Peggy B. Radcliffe and James Ownley and Hope B.
Ownley and authorized the County Administrator to execute the
agreement.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8. NEW BUSINESS
8.A. FY2008 RESULTS OF OPERATIONS REPORT
Mr. Carmody presented a summary of FY2008 Results of
Operations. He reviewed excess revenue and expenditure
savings that resulted in positive results.
Mr. Gecker stated he does not want to allocate the $17.2
million fund balance to specific fund centers, but leave for
use in nonrecurring items.
Mr. Holland agreed with Mr. Gecker and expressed appreciation
to Mr. Carmody for his hard work.
Ms. Jaeckle stated this would be a good item for the Citizens
Budget Advisory Commission to review.
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On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved designating $17.2 million for use in the FY2010
budget without restrictions for one-time uses.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
approved the following streetlight installation:
8.B. STREETLIGHT INSTALLATION COST APPROVAL
MIDLOTHIAN DISTRICT
• At the intersection of Allecingie Parkway and Huguenot
Road on the existing pole
Cost to install streetlight: $134.33
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C. CONSENT ITEMS
8.C.1. ADOPTION OF RESOLUTION RECOGNIZING FIREFIGHTER
MICHAEL S. BOGGS, FIRE AND EMERGENCY MEDICAL
SERVICES DEPARTMENT, UPON HIS RETIREMENT
On motion Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Firefighter Michael S. Boggs retired from the
Chesterfield County Fire and Emergency Medical Services
Department on October 1, 2008; and
WHEREAS, Firefighter Boggs attended Recruit School #11
and faithfully served the county for twenty-nine years in
various assignments, as a firefighter at the Chester,
Matoaca, Manchester, Dutch Gap and Dale Fire and Emergency
Medical Services Stations; and
WHEREAS, Firefighter Boggs was recognized as the
Firefighter of the Year for 1990; and
WHEREAS, Firefighter Boggs was recognized for the life
saving medical procedure he provided while off-duty, to an
unconscious citizen who was choking while eating at a local
restaurant on February 5, 1997; and
WHEREAS, Firefighter Boggs was' involved in the
successful rescue of three people stranded from an overturned
canoe in the Appomattox River on April 11, 1998; and
WHEREAS, Firefighter Boggs achieved the certification of
Firefighter Specialist on November 13, 1999; and
WHEREAS, Firefighter Boggs was recognized with an
Emergency Medical Services Unit Citation for his role in
saving the life of a citizen suffering from cardiac arrest on
February 21, 2000; and
WHEREAS, Firefighter Boggs was recognized for assisting
in the delivery of a baby girl on April 16, 2000; and
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WHEREAS, Firefighter Boggs was recognized for exemplary
services with an EMS Unit Citation for his role in the rescue
of a trapped occupant at an apartment fire on September 21,
2007; and
WHEREAS, Firefighter Boggs was recognized for exemplary
services with an EMS Unit Citation for his role in the
successful resuscitation of a patient that went into cardiac
arrest on November 9, 2007.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Firefighter Michael S. Boggs, expresses the .appreciation of
all residents for his service to the county, and extends
appreciation for his dedicated service and congratulations
upon his retirement.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.2. APPROVAL OF CHANGE ORDERS
8.C.2.a. TO GULF SEABOARD GENERAL CONTRACTORS, INCORPORATED
FOR REMOVAL AND REPLACEMENT OF ALL ACOUSTICAL
CEILING GRID AND TILE, INTERNALLY LINED DUCT WORK
AND REMOVAL AND RE-INSTALLATION OF LIGHTING IN THE
FIRE ADMINISTRATION BUILDING
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the County Administrator to execute a change order
with Gulf Seaboard, in the amount of $250,800, for the
removal of all acoustical ceiling grid and tile, lighting and
internally lined duct work in the Fire Administration
building.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.2.b. TO R.J. SMITH GENERAL CONTRACTING, INCORPORATED
FOR GOYNE PARK FOOTBALL FIELD AREA RENOVATIONS
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the County Administrator to execute Change Order
Number Two for R. J. Smith General Contracting, Incorporated,
in the amount of $37,230.60 for additional sidewalks, parking
lot drive lanes, fencing, concession electrical supply and
drainage work at the Goyne Park football field area.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.4. REQUESTS TO QUITCLAIM
8.C.4.a. A SIXTEEN-FOOT WATER EASEMENT ACROSS THE PROPERTIES
OF VILLAGE BANK AND TRUST FINANCIAL CORP AND
BELVEDERE ASSOCIATES, LLC
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
16-foot water easement across the properties of Village Bank
and Trust Financial Corp and Belvedere Associates, LLC.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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8.C.4.b. A PORTION OF A SIXTEEN-FOOT WATER EASEMENT ACROSS
THE PROPERTY OF BELVEDERE ASSOCIATES, LLC
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On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 16-foot water easement across the property of
Belvedere Associates, LLC.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.5. ACCEPTANCE OF PARCELS OF LAND
8.C.5.a. ALONG WEST HUNDRED ROAD FROM WILLIAM J. DAVIS, JR.
AND CHERYL T. DAVIS
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
accepted the conveyance of a parcel of land containing 0.011
acres along West Hundred Road from William J. Davis, Jr. and
Cheryl T. Davis, 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.5.b. ALONG MEADOWVILLE ROAD FROM MEADOWVILLE CORNER, LLC
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
accepted the conveyance of a parcel of land containing 0.330
acres along Meadowville Road from Meadowville Corner, 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.6. CONVEYANCE OF EASEMENT TO COLUMBIA GAS OF VIRGINIA,
INCORPORATED TO PROVIDE SERVICE TO THE REPLACEMENT
CLOVER HILL HIGH SCHOOL CAMPUS
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Columbia Gas of Virginia, Incorporated for conveyance of an
easement across the replacement Clover Hill High School
property to provide service to the new school campus.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.7. REQUEST FOR PERMISSION FROM WILLIAM C. AND CATHERINE
M. MARSH TO USE AND MAINTAIN AN EXISTING GRAVEL
DRIVEWAY WITHIN A FIFTY-FOOT UNIMPROVED COUNTY RIGHT
OF WAY KNOWN AS LITTLE KNOLL LANE
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved a request from William C. Marsh and Catherine M.
Marsh for permission to use and maintain an existing gravel
driveway within a 50-foot unimproved county right of way
known as Little Knoll Lane, subject to the execution of a
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license agreement. (It is noted a copy of the plat is filed
with the papers of the Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.8. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.C.8.a. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE
POLICE DEPARTMENT FOR TRAFFIC CONTROL DURING THE
CHESTER KIWANIS CLUB'S ANNUAL CHRISTMAS PARADE
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
transferred $4,822 from the Bermuda District Improvement Fund
to the Police Department for traffic control during the
Chester Kiwanis Club's Annual Christmas Parade.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.8.b. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE
CHESTERFIELD COUNTY REVITALIZATION OFFICE TO PAY
THE DISPOSAL COSTS FOR REFUSE COLLECTED DURING
"CLEAN UP DAY" IN THE ETTRICK AREA
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
transferred $450 in Matoaca District Improvement Funds to the
Chesterfield County Revitalization Office to pay the disposal
costs for refuse collected during "Clean Up Day" in the
Ettrick Area.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
The following items were removed from the Consent Agenda for
Board comment:
8.C.3. ADOPTION OF 2009 LEGISLATIVE PROGRAM
Mr. Gecker stated the Richmond Regional Planning District
Commission had a movement that the region request a regional
transportation authority from the General Assembly. He
further stated the Board needs to acknowledge the initiative
but he does not feel it is the right time to raise revenue
through increased taxes. He stated the region. does not
currently have a transportation crisis, but it is a good time
to plan before there becomes a crisis. He further stated
more discussion is needed on the details of a regional
transportation authority.
Mr. Holland stated a regional transportation authority would
provide more leverage for the county. He further stated he
would like to support a regional transportation authority but
is not inclined to raise taxes.
Ms. Durfee stated the presentation to the Richmond Regional
Planning District Commission did not provide any details for
a regional transportation authority. She further stated in
order to support a regional transportation authority she
would need to make sure it would be beneficial to
Chesterfield County. She stated the state needs to address
transportation issues sooner rather than later in order to
allow Virginia to compete with neighboring states for
economic development.
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Ms. Jaeckle stated at the meeting with the legislative
delegation, they seemed open to the idea of building in a
state match of the funds raised from the authority. She
further stated there are a lot of details that need to be
worked through with the initiative.
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Mr. Warren stated Northern Virginia has been dealing with the
transportation concerns and has yet to be able to work out a
regional approach. He further stated the majority of
surrounding jurisdictions are not in favor of a regional
authority at this time due to the economy and the lack of
adequate details on the impact of the economy.
Ms. Durfee stated she preferred waiting until the next
General Assembly session to send up an item on a regional
transportation authority.
On motion of Mr. Decker, seconded by Mr. Holland, the Board
adopted the 2009 Legislative Program, as submitted.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.9. SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDING THE
ZONING ORDINANCE RELATING TO PLANNING DEPARTMENT FEES
Mr. Gecker stated the Planning Commission is scheduled to
hear this item on December 16, 2008 and he would rather allow
time in between the Planning Commission's consideration and
the Board's consideration.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
set a public hearing date of January 14, 2009 to consider
amending the Zoning Ordinance relating to Planning Department
fees.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
9. REPORTS
9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS
AND LEASE PURCHASES
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted the following report: A Report on Status of General
Fund Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases.
Ayes: Warren, Decker, Jaeckle, Holland, and Durfee.
Nays: None.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no speakers at this time.
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11. DINNER WITH MEMBERS OF THE COMMITTEE ON THE FUTURE
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
recessed to the Lane B. Ramsey Administration Building, Room
502, for dinner with members of the Committee on the Future.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
RECONVENING:
12. INVOCATION
Pastor Tim Amador, Iglesia Bautista Misionera, gave the
invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Daniel L. Dulgher, Jr. led the Pledge of
Allegiance to the Flag of the United States of America.
14. RESOLUTIONS
14.A. RECOGNIZING THE COMMITTEE ON THE FUTURE ON THE
OCCASION OF ITS TWENTIETH ANNIVERSARY
Ms. Cole introduced current and past members of the Committee
on the Future who were present to receive the resolution.
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, the Chesterfield County Committee on the Future
was established in 1987 by the Board of Supervisors and the
County Charter for the purpose of assessing the future and
long range challenges which the county will face, advising
the Board of Supervisors, and making recommendations to
lessen any adverse effect on the county of future changes;
and
WHEREAS, the first appointees to the committee were
named in July 1988; and
WHEREAS, a total of forty-six residents have been
appointed to the committee over the last twenty years; and
WHEREAS, the committee has completed six documents and
is working on a seventh; and
WHEREAS, the committee has held numerous community
meetings and public forums to receive information on the
various topics; and
WHEREAS, the committee has prepared two-hundred and
seven recommendations to guide decisions made about the
future of Chesterfield County; and
WHEREAS, almost eighty percent of the recommendations
have been implemented to date; and
WHEREAS, the committee initiated its first report, "1990
VISION 2020" which centered around four topical areas -
education, natural environment, transportation and government
structure - that served as a basis for citizen input which
the committee synthesized into its recommendations for
action; and
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WHEREAS, the committee has since completed five reports
as follows: "Economic Development: Strategies for Success";
"Neighborhood Preservation: Strategies Now for Success";
"Youth Development: Today's Youth, Tomorrow's Leaders";
"Aging of the Population: Choices, Options and Benefits of
Aging"; "Green Infrastructure: Protecting Resources for
Future Generations"; and
WHEREAS, the committee is currently working on the topic
"Education to Prepare Residents to Thrive in a Global
Society" to make recommendations and provide strategies to
the Board of Supervisors that will take a proactive approach
toward addressing the cultural, economic, environmental,
political and technological aspects of living in a global
society; and
WHEREAS, the members, past and current,. have dedicated
countless hours to the committee during the past twenty
years.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 19th day of November 2008,
publicly recognizes the Chesterfield County Committee on the
Future and commends its members, past and current, for their
dedication and outstanding service to the residents of
Chesterfield County.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to the committee 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. Warren presented the executed resolution to Ms. Dianne
Mallory, Vice Chairman of Committee, and expressed
appreciation for the Committee's dedication to the future of
Chesterfield County.
The members of the Committee of the Future introduced
themselves.
Ms. Mallory expressed appreciation to the Board for their
support of the Committee.
14.B. RECOGNIZING MR. DANIEL L. DULGHER, JR., TROOP 178,
UPON ATTAINING THE RANK OF EAGLE SCOUT
Ms. Chris Ruth introduced Mr. Daniel Dulgher, Jr., who was
present along with his parents, to receive the resolution.
On motion of Ms. Jaeckle, seconded by Mr. warren, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
08-808
11/19/08
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Daniel L. Dulgher, Jr., Troop 178,
sponsored by Ivey Memorial United Methodist Church, has
accomplished those high standards of commitment and has
reached the long-sought goal of Eagle Scout, which is earned
by only four percent of those individuals entering the
Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Daniel has distinguished himself as a member of a
new generation of prepared' young citizens of whom we can all
be very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 19th day of November 2008,
publicly recognizes Mr. Daniel L. Dulgher, Jr., extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the county to have such an
outstanding young man as one of its citizens. Mr. Dulgher
provided details of his Eagle Scout project and expressed
gratitude to his parents.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Ms. Jaeckle presented the executed resolution and badge to
Mr. Dulgher, congratulated him on his achievements and wished
him well in future endeavors.
Mr. Dulgher provided details of his Eagle Scout project and
expressed appreciation to his parents.
15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Mike Uzel addressed the Board relating to concerns
citizens have about the property which encompasses the
proposed Branner Station development.
Ms. Brenda Stewart addressed the Board relating to the
electronic sign approved for Matoaca High School. She
requested the Board overturn the approval due to the sign not
being in compliance with the Electronic Sign Policy.
17. PUBLIC HEARINGS
17.A. TO CONSIDER A PROPOSED CHARTER CHANGE TO CREATE AN
INDEPENDENT CIRCUIT COURT CLERK
Mr. Johnson stated this date and time has been advertised to
consider a proposed Charter Change to create an the
independent Circuit Court Clerk.
Mr. Warren called for public comment.
There being no one to address the issue, the public hearing
was closed.
Ms. Judy Worthington stated she was in agreement with the
proposed Charter change.
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On motion of Mr. Warren, seconded by Ms. Durfee, the Board
approved the charter change for an independent circuit court
clerk, subject to General Assembly action. (It is noted the
item will be added to the 2009 Legislative Program.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Mr. Gecker expressed appreciation for the hard work Ms.
Worthington has done on this request.
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 18
09SN0114
In Bermuda Magisterial District, 2 ENON LLC requests rezoning
and amendment of zoning district map from Agricultural (A) to
Light Industrial (I-1). The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
light industrial use. This request lies on 20.7 acres located
in the southwest .quadrant of the intersection of Bermuda
Hundred and North Enon Church Roads. Tax IDs 823-650-7830 and
824-650-3034.
Mr. Turner presented a summary of Case 09SN0114 and stated
staff is requesting the Board remand the case to the Planning
Commission due to amendments since the Commission's
consideration of the case.
Ms. Jaeckle stated the additional proffered condition
submitted since the Commission's consideration of the request
improves the quality of the case. She further stated she
wanted to hear the zoning case.
The case was then moved to be heard in the appropriate order.
07SN0385
In Matoaca Magisterial District, FIRST COMMONWEALTH SERVICES
requests rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12) Residential use of up
to 3.63 units per acre is permitted in a Residential (R-12)
District. The density of such amendment will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for residential use
of 2.2 units per acre or less. This request lies on 8.2 acres
fronting approximately 270 feet on the east line of
Winterpock Road north of Springford Parkway; also fronting
approximately 170 feet on the west line of Summercreek Drive
across from Summercreek Place. Tax ID 722-661-8707.
Mr. Turner presented a summary of Case 07SN0385 and stated
Ms. Durfee is requesting deferral to December 17, 2008.
08-810
11/19/08
Mr. William Shewmake, the applicant's representative, stated
the applicant is in agreement with the deferral.
Mr. Warren called for public comment.
Mr. Stuart Daniel, President of Summerford Association,
stated the association agrees with deferral.
There being no one else to address the request, the public
hearing was closed.
Ms. Durfee stated the request was deferred in September to
allow the association and the applicant to reach an
agreement. She further stated an agreement has been reached
and the deferral would allow time to review the proffers,
buffer and to have further discussions with the
Transportation Department.
On motion of Ms. Durfee, seconded by Mr. Gecker, the Board
deferred Case 07SN0385 to December 17, 2008.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
08SN0224
In Midlothian Magisterial District, HERITAGE SIGNS INC.
requests Conditional Use Planned Development and amendment of
zoning district map to permit a computer-controlled, variable
message, electronic sign and to permit exception to Ordinance
requirements relative to sign height. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for light industrial use. This
request lies in a Corporate Office (O-2) District on 0.6
acres and is known as 1231 Gateway Centre Parkway. Tax ID
757-705-3156.
Mr. Turner presented a summary of Case 08SN0224 and stated
the Planning Commission recommended approval but staff
recommended denial. He further stated Mr. Gecker is
requesting a deferral to the regularly scheduled April 2009
zoning meeting.
Mr. Gecker stated a letter has been received from the
applicant stating they are in agreement with the deferral and
were unable to attend the meeting.
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
Mr. Gecker stated he would like to defer the case until the
revisions to the Electronic Sign Policy are considered.
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
deferred Case 08SN0224 to the regularly scheduled April 2009
zoning meeting.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
08-811
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08SN0235
In Midlothian Magisterial District, HOLIDAY SIGNS, INC.
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/light industrial and mixed use corridor uses. This
request lies in a General Business (C-5) District on 11.2
acres fronting approximately 270 feet on the north line of
Hull Street Road, approximately 420 feet east of Turner Road
also fronting approximately 370 feet on the east line of
Turner. Road, approximately 280 feet north of Hull Street
Road. Tax ID 765-698-Part of 9008.
Mr. Turner presented a summary of Case 08SN0235 and stated
the Planning Commission recommended approval but staff
recommended denial. He further stated Mr. Gecker is
requesting a deferral to the regularly scheduled April 2009
zoning meeting to allow time for the revisions to the
Electronic Sign Policy to be considered.
Mr. Kyle Dilman, the applicant's representative, stated the
applicant would like to have an approval of the request, but
is in agreement with deferral.
Mr. Warren called for public comment.
There being no on to address the request, the public hearing
was closed.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
deferred Case 08SN0235 to the regularly scheduled April 2009
zoning meeting.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
09SN0111
In Dale Magisterial District, BRANCH'S BLUFF DEVELOPMENT
COMPANY, LLC requests rezoning and amendment of zoning
district map from Agricultural (A) and Residential (R-7) to
Residential (R-12). Residential use of up to 3.63 units per
acre is permitted in a Residential (R-12) District. The
Comprehensive Plan suggests the property is appropriate for
residential use of 2.51-4.0 dwelling units per acre. This
request lies on 12.1 acres lying approximately 950 feet off
the south line of Evelake Road measured from a point
approximately 1760 feet east of Hopkins Road. Tax IDs 785-
671-Part of 7222; 786-669-Part of 0085; and 786-670-4173 and
4249.
Mr. Turner presented a summary of Case 09SN0111 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Jeff Collins, the applicant's representative, stated he
is in agreement with the recommendation.
08-812
11/19/08
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 Mr. Warren, the Board
approved Case 09SN0111 and accepted the following proffered
conditions:
The owner and developer in this rezoning request, Branch's
Bluff Development Company, LLC (the "Developer") pursuant to
§ 15.2-2298 of the Code of Virginia (1950 as amended) and the
Zoning Ordinance of Chesterfield County, Virginia (the
"County") for itself and its successors and assigns, hereby
proffers that the development of the unimproved real property
(the "Property") under consideration in this rezoning request
shall be developed in accordance with the following
conditions if, and only if, the request submitted herewith is
granted with only those conditions agreed to by the owner and
applicant. In the event this request is denied or approved
with conditions not agreed to by the owner and applicant, the
proffers shall immediately be null and void and of no further
force or effect.
1. The public water and wastewater systems shall be used.
(U)
2. The applicant, subdivider, or assignee(s) shall pay the
following to the County of Chesterfield, prior to the
issuance of a building permit, for infrastructure
improvements within the service district for the
property:
a. $18,080 per dwelling unit, if paid prior to July 1,
2009; or
b. If paid after June 30, 2009, $18,080 adjusted
annually in accordance with the cash proffer
policy.
Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law. (B&M)
3. Timbering 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)
4. Stormwater runoff from any impervious area that drains
to Thurston Road shall be conveyed with a system that
shall be: 1) designed and constructed to convey the ten
(10) year storm event to the south side of Thurston
Road; or 2) designed and constructed with on-site
detention to retain the discharges for a two (2) and ten
(10) year post developed storm event to a two (2) and
ten (10) year pre-developed storm event condition,
respectively, and which discharges runoff into wetlands
that are located on the eastern side of Tax ID 786-669-
0085. (EE)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
09SN0118
In Bermuda Magisterial District, BROAD STREET PARTNERS
COMMERCIAL LLP requests rezoning and amendment of zoning
08-813
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11/19/08
district map from Agricultural (A) to Community Business (C-
3) plus Conditional Use Planned Development to permit
exceptions to Ordinance requirements. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for general commercial and
residential use of 7.01 to 10 units per acre. This request
lies on 4.1 acres fronting approximately 30 feet on the east
line of Jefferson Davis Highway approximately 650 feet south
of Perdue Springs Drive. Tax IDs 798-657-3352 and 9266.
Mr. Turner presented a summary of Case 09SN0118 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. John Cogbill, the applicant's representative, stated the
recommendation is acceptable.
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
approved Case 09SN0118 and accepted the following proffered
conditions:
The Owners and the Developers for themselves and their
successors or assigns (the "Developer") in this zoning case,
pursuant to §15.2-2298 of the Code of Virginia (1950 as
amended) and the Zoning Ordinance of Chesterfield County,
proffer that the development of the property known as
Chesterfield County Tax Identification Numbers 798-657-3352
and 798-657-9266 (the "Property") under consideration will be
developed according to the following conditions if, and only
if, the rezoning request for C-3 with a conditional use
planned development (CUPD) is granted. In the event the
request is denied or approved with conditions not agreed to
by the Developer, the proffers and conditions shall
immediately be null and void and of no further force or
effect.
1. Master Plan.
2008, shall
development.
The Textual Statement dated August 11,
be considered the Master Plan for the
(P)
2. Timbering. Except for timbering
Virginia State Department of Forestr
removing dead or diseased trees,
timbering on the Property until
permit has been obtained from
Engineering Department and the
installed. (EE)
3. Utilities. The public
shall be used, except
construction offices. (U)
approved by the
y for the purpose of
there shall be no
a land disturbance
the Environmental
approved devices
water and wastewater systems
for sales facilities and/or
4. Access. There shall be no direct
the Property to Jefferson Davis
unless otherwise approved by
Department. (T)
08-814
vehicular access from
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the Transportation
11/19/08
5. Dedication. Prior to any site plan approval or within
sixty (60) days from the date of a written request by
the Transportation Department, whichever occurs first,
sixty (60) feet of right-of-way on the east side of
Jefferson Davis Highway (Route 1) measured from the
centerline of that part of Jefferson Davis Highway
(Route 1) immediately adjacent to the Property, shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
09SN0119
In Dale Magisterial District, IRONBRIDGE LLC requests
amendment to rezoning (Case 89SN0104) and amendment of zoning
district map relative to outdoor dining. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for community mixed use. This request
lies in a General Business (C-5) District on 0.9 acres and is
known as 10300 Iron Bridge Road. Tax ID 772-660-7588.
Mr. Turner presented a summary of Case 09SN0119 and stated
the Planning Commission and staff recommended approval
subject to the condition.
Mr. Andy Scherzer, the applicant's representative, stated the
recommendation is acceptable.
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved Case 09SN0119 subject to the following condition:
With the approval of this request Proffered Condition
3.h. of Case 89SN0104 shall .be deleted. (P)
(Note: With this deletion, outdoor cafe or patio dining
in conjunction with restaurant use would be permitted.
This condition supersedes Proffered Condition 3.h. of
Case 89SN0104 for this request property only. All other
conditions of Case 89SN0104 remain in affect.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
095N0134
In Clover Hill Magisterial District, CHESTERFIELD CO. FIRE
DEPARTMENT requests Conditional Use and amendment of zoning
district map to permit a fire/rescue station. The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for office/residential mixed use.
This request lies in an Agricultural (A) District on 5.3
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08-815
11/19/08
acres fronting approximately 200 feet on the west line of
Courthouse Road, approximately 600 feet north of Hull Street
Road. Tax ID 748-686-7379.
Mr. Turner presented a summary of Case 09SN0134 and stated
the Planning Commission and staff recommended approval.
Battalion Chief Stuart Dalton stated the recommendation was
acceptable.
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Mr. Warren, seconded by Ms. Durfee, the Board
approved Case 09SN0134 subject to the following condition:
Any new or redevelopment of the property for the
fire/rescue station shall comply with Emerging Growth
District standards of the Zoning Ordinance for the
Corporate Office (O-2) District, except for buffer
provisions. (P)
(NOTE: With the approval of this request, this case
supersedes Case 76AN0158.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
08SN0105
In Clover Hill Magisterial District, STYLECRAFT HOMES
DEVELOPMENT CORP. requests rezoning and amendment of zoning
district map from Neighborhood Business (C-2) and Community
Business (C-3) to Community Business (C-3) with Conditional
Use to permit multifamily and townhouse uses on 15.5 acres
plus Conditional Use Planned Development to permit exceptions
to Ordinance requirements on the entire 20.6 acres. The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for general commercial
and light industrial uses. This request fronts approximately
740 feet on the south line of Midlothian Turnpike
approximately 150 feet west of Tuxford Road. Tax ID 751-706-
3789.
Mr. Jane Peterson presented a summary of Case 085N0105 and
stated the Planning Commission and staff recommended approval
and acceptance of the proffered conditions. She further
stated staff recommends approval of the rezoning and
conditional use, .denial of the request for relief to street
access requirements.
Mr. Larry Horton, the .applicant's representative, expressed
appreciation to Mr. Gulley and Ms. Peterson for their
assistance with this request. He stated this is an infill
site, on which the applicant is proposing mixed uses. He
requested approval from the Board.
In response to Ms. Durfee's question, Mr. Horton stated there
are two commercial pads containing approximately five acres
08-816
11/19/08
proposed to be located at the front of the property and
residential towards the back of the property.
In response to Mr. Holland's question, Mr. Horton stated the
issue of security would be addressed at the time of site plan
review. He further stated he has done research on the crime
statistics in the area and it is a low crime area.
Mr. Warren called for public comment.
Mr. Dan Pope, representing the Shenandoah Community Board,
spoke in support of the request.
Mr. Warren closed the public hearing.
In response to Mr. Warren's question, Mr. McElfish stated the
drainage concerns have been addressed.
Ms. Peterson stated while security issues have been addressed
in the Textual Statement the conditions offered are not
consistent with those requested by the Police Department.
In response to Ms. Jaeckle's question, Mr. Horton stated the
price for the residential units would be around $250,000.
Mr. Warren stated a great deal of work has gone into the case
and the applicant has made several adjustments to address
neighborhood concerns.
In response to Mr. Warren's question, Ms. Peterson explained
the buffer proffer indicating the area would be required to
be flagged to ensure compliance.
In response to Ms. Durfee's question, Mr. McCracken stated
VDOT has agreed to the traffic signal change as proposed by
the applicant. He further stated the Transportation
Department was not involved with the discussions relating to
the traffic signal change.
Mr. Warren made a motion, seconded by Mr. Holland, for the
Board to approve Case 08SN0105 and accept the proffered
conditions.
Mr. Warren stated the request complies with Comprehensive
Plan.
Mr. Gecker stated the request does not meet the requirements
to waive the requirements for a second public road access.
He further stated the applicant has not addressed the impacts
on fire, transportation or security. He explained the
request site is not a good residential site and the original
zoning was correct.
In response to Ms. Durfee's question, Mr. McCracken stated
the approval of the traffic signal on the part of VDOT would
not have any bearing on waiving the requirements for a second
access.
In response to Ms. Durfee's question, Mr. Turner stated the
commercial component of the request would be approximately
8,000 square feet per acre. He further stated the subject
property would not have connection to the adjacent
residential properties.
08-817
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11/19/08
In response to Mr. Gecker's question, Ms. Peterson stated the
proffers do not preclude rental of the residential units.
Mr. Warren called for a vote on his motion, seconded by Mr.
Holland, for the Board to approve Case 08SN0105 and accept
the proffered conditions.
Ayes: Warren, and Holland.
Nays: Gecker, Jaeckle, and Durfee.
(Since no motion was approved disposing of the case; in
accordance with Section 4 of the Board's Procedures, the case
will automatically be placed on the December 17, 2008, agenda
and subsequent agendas until such time as some motion is
adopted by majority vote disposing of the case.)
08SN0283
In Dale Magisterial District, PEGASUS TOWER CO., LTD.
requests Conditional Use Planned Development and amendment of
zoning district map to permit a communications tower in an
Agricultural (A) District. The density of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for residential use of 1-5 acre lots; suited to R-88 zoning.
This request lies on 2.4 acres fronting approximately 20 feet
on the south line of Beach Road approximately 1000 feet west
of Nestor Road. Tax ID 761-659-Part of 3685.
Mr. Robert Clay presented a summary of Case 08SN0283 and
stated the Planning Commission and staff recommended approval
subject to the conditions. He further stated opposition was
present at the Planning Commission meeting.
Mr. Brennan Keene, the applicant's representative, stated a
community meeting was held and two area property owners
attended. He stated the recommendation is acceptable.
Mr. David Pearson, an adjacent property owner, spoke in
opposition to the tower due to the proximity to his property.
He stated the tower would negatively impact his property
value.
In response to Mr. Gecker's question, Mr. Pearson stated
there is one building on his property.
Mr. Bruce Fletcher, president of Woodland Pond Homeowner's
Association, spoke in support of the request. He stated
Woodland Pond is not covered by cell phone service and this
tower would enable residents of Woodland Pond to have
coverage.
In response to Mr. Holland's question, Mr. Keene stated the
tower would be located approximately 1,000 feet from Mr.
Pearson's home.
Mr. Pearson stated Woodland Pond has a site on which the
tower could be located on.
Mr. Keene stated the subject property is owned by Amazing
Grace Living World Church and they plan to build a church on
the site. He further stated they support the tower.
08-818
11/19/08
Mr. Holland stated it is important to receive input from-all
stakeholders. He further stated the Planning Commission
recommended approval of the request.
In response to Ms. Durfee's questions, Mr. Clay stated the
property adjacent to the location is approximately 60 acres.
He further stated the owners of the adjacent property were
present at the community meeting and expressed no opposition
to the tower location. He explained the requirements of the
FAA for lighting of towers.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
approved Case 08SN0283 subject to the following conditions:
1. There shall be no signs permitted to identify this use .
(P)
2. The base of the tower shall be enclosed by a minimum six
(6) foot high fence, designed to preclude trespassing.
The fence shall be placed so as to provide sufficient
room between the fence and the property line to
accommodate evergreen plantings having an initial height
and spacing to provide screening of the base of the
tower and accessory ground-mounted equipment or
structures from adjacent properties. A minimum 100-foot
buffer of mature trees shall be preserved outside of,
and adjacent to, the compound. A detailed plan
depicting these requirements shall be submitted to the
Planning Department for approval in conjunction with
final site plan review. Except as otherwise provided
herein, no trees within the buffer may be removed unless
such trees are dead, diseased or dying. (P)
3. The color and lighting system for the tower shall be as
follows:
a. The tower shall be gray or another neutral color,
acceptable to the Planning Department.
b. The tower shall not be lighted.
c. The tower shall be a monopole structure. (P)
4. 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 199 feet. (P)
6. 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, Jaeckle, Holland, and Durfee.
Nays: None.
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nocrrn~ ~ a
In Bermuda Magisterial District, 2 ENON LLC requests rezoning
and amendment of zoning district map from Agricultural (A) to
Light Industrial (I-1). The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
light industrial use. This request lies on 20.7 acres located
in the southwest quadrant of the intersection of Bermuda
Hundred and North Enon Church Roads. Tax IDs 823-650-7830 and
824-650-3034.
Ms. Darla Orr presented a summary of Case 09SN0114 and stated
the Planning Commission recommended denial of the request.
She further stated if the Board wishes to consider the
proffered condition submitted subsequent to the advertisement
of the case, it would be necessary for the Board to suspend
their rules.
Ms. Carrie Coyner, the applicant's representative, requested
approval.
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
Ms. Jaeckle made a motion, seconded by Mr. Warren, for the
Board to suspend its rules to allow consideration of the
additional proffered condition.
In response to Ms. Jaeckle's question, Mr. McCracken stated
the Transportation Department is in agreement with the new
proffered condition.
In response to Mr. Gecker's questions, Mr. McCracken stated
the applicant has proffered to build turn lanes at each
access point. He further stated in furture N. Enon Church
Road will be the major access for the Meadowville Technology
Park and the proposed access is far enough away from Bermuda
Hundred Road to not pose a problem. He explained the amount
of right of way being obtain through this case and the amount
needed to accommodate the widening of North Enon Church Road.
Mr. Warren stated last minute submissions of proffered
conditions disturbs the Board. He suggested the Board defer
the case for 30 days.
Ms. Coyner stated the applicant would prefer approval. of the
request, but would willing to accept the deferral.
Ms. Jaeckle made a substitute motion, seconded by Mr. Warren,
for the Board to defer Case 09SN0114 to December 17, 2008.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were none.
19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no speakers at this time.
08-820
11/19/08
20. ADJOURNMENT
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
adjourned at 8:26 p.m. until November 20, 2008, at 6:30 p.m.
for a meeting hosted by the Chesterfield Business Council at
Ruth's Chris Steak House, 11500 West Huguenot Road.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
J
J
es J Stegmai r
ounty Administrator
Arthur S. Warren
Chairman
08-821
11/19/08