2010-04-28 MinutesBOARD OF SUPERVISORS
MINUTES
April 28, 2010
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Supervisors in Attendance:
Mr. Daniel A. Gecker, Chairman
Mr. James Holland, Vice Chairman
Ms. Dorothy Jaeckle
Mr. Arthur S. Warren
Ms. Marleen K. Durfee
Mr. James J. L. Stegmaier
County Administrator
Staff in Attendance:
Mr. Mike Bacile, Dir.,
Purchasing
Ms. Janice Blakley,
Clerk to the Board
Mr. Kevin Bruny,
Chief Learning Officer
Ms. Debbie Burcham,
Exec. Dir., Community
Services Board
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Jana Carter, Dir.,
Juvenile Services
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Barry Condrey, Chief
Information Officer
Mr. Richard Cordle,
Treasurer
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovernmental
Relations
Mr. Jonathan Davis, Real
Estate Assessor
Mr. Will Davis, Dir.,
Economic Development
Mr. William Dupler,
Interim Deputy County
Admin., Community
Development
Colonel Thierry Dupuis,
Police Department
Dr. Suzanne Fountain,
Asst. Dir., Social Work
Mr. Mike Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Real Property Manager
Mr. Russell Harris, Mgr. of
Community Development
Services
Mr. Joseph Horbal,
Commissioner of Revenue
Mr. Jeff Howard,
Environmental Program
Manager
Mr. Thomas E. Jacobson,
Dir., Revitalization
Mr. Donald Kappel, Dir.,
Public Affairs
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Mr. Rob Key, Director,
General Services
Ms. Mary Lou Lyle, Acting
Deputy County Admin.,
Management Services
Mr. Mike Mabe, Director,
Libraries
Ms. Mary Martin-Selby,
Dir. of Human Resource
Services
Mr. John McCracken, Dir.,
Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Ms. Jo Lin Rohr, Quality
Coordinator
Chief Edward Senter,
Fire Department
Ms. Sarah Snead, Acting
Deputy County Admin.,
Human Services
Mr. Jim Stanley, Security
Manager, Environmental &
Security Management
Mr. Thomas Taylor, Dir.,
Community Development
Block Grant
Mr. Kirk Turner, Dir.,
Planning
Mr. Scott Zaremba, Directo
of Human Resource Program
Mr. Gecker called the regularly scheduled meeting to order at
3:00 p.m.
1. APPROVAL OF MINUTES
There were no minutes to be approved.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
Mr. Stegmaier stated the county participated in the release
of sterile grass carp into the Swift Creek Reservoir which
will assist with hydrilla problems. He further stated the
Midlothian Streetscape Project contractor has begun on the
improvements along Midlothian Turnpike. He stated the
landscaping along Route 1 will be done soon.
3. BOARD MEMBER REPORTS
Mr. Holland stated he attended the Intercity Visit in
Raleigh, North Carolina. He further stated the visit with
other local leaders from the region was excellent. He stated
leadership and vision, cooperation and communication and
concept of intergenerational legacy is important to economic
development.
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Mr. Warren stated the Swift Creek Reservoir is a key water
resource for the county and the program for releasing the
sterile grass carp into the reservoir was well coordinated.
Ms. Durfee stated she was amazed at how well the release of
the sterile grass carp into the Swift Creek Reservoir went.
She further stated it was well coordinated through the
Utilities and Police Departments.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
deleted Item 15.B., Resolution Recognizing Mr. John A.
Gibney, Jr. for His Service as a Member of the Chesterfield
County Health Center Commission.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
5. RESOLUTIONS
S.A. RECOGNIZING MAY 22-28, 2010, AS "SAFE BOATING WEEK" IN
CHESTERFIELD COUNTY
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Mr. Kappel introduced members of the Coast Guard Auxiliary,
who were present to receive the resolution.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Americans are increasingly heading to the water
for recreation and relaxation as opportunities for on-the-
water activity increase each year; and
WHEREAS, with this growth comes additional
responsibility; and
WHEREAS, it is essential that both novice and
experienced boaters alike learn and practice safe boating
habits, wear a life jacket and have essential safety
equipment; and
WHEREAS, this year's theme of the Boating Safety
Campaign, "Wear It," recognizes that boating safety begins
before the boat leaves the dock; and
WHEREAS, studies show that boaters who take a boating
course are four to five times less likely to have a boating
accident, and 80 percent of the people who have died in
boating accidents were not wearing life jackets; and
WHEREAS, the number of boats registered in the
Commonwealth of Virginia is 251,628, and even more boats
visit our area waters each summer; and
WHEREAS, hundreds of lives could be saved each year by
the wearing of life jackets, and the life jackets of today
are more comfortable, more attractive and wearable than
styles of past years; and
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WHEREAS, the law requires that wearable life jackets be
carried for each person on board the boat, and little effort
is needed to wear those life jackets; and
WHEREAS, boating courses are readily available from the
Coast Guard Auxiliary throughout the year.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 28th day of April 2010,
hereby supports the goals of the National Safe Boating
Campaign by publicly recognizing May 22-28, 2010, as "Safe
Boating Week" in Chesterfield County, and urges all those who
boat to practice safe boating by taking a boating course,
wearing their life jackets, and having their boats checked
for other safety equipment by the Coast Guard Auxiliary.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
Mr. Gecker presented the executed resolution to the members
of the Coast Guard Auxiliary and stressed the importance of
safe boating.
Members of the Coast Guard Auxiliary introduced themselves
and expressed appreciation for the recognition.
6. WORK SESSIONS
There were no Work Sessions scheduled at this time.
7. DEFERRED ITEMS
There were no Deferred Items at this time.
8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Ms. Durfee, seconded by Ms. Jaeckle, the Board
suspended its rules to allow simultaneous nomination/
appointment of a member to serve on the Chesterfield
Community Services Board.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.A.1. CHESTERFIELD COMMUNITY SERVICES BOARD
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
simultaneously nominated/appointed Mr. F. Gibbons Sloan, III
to serve on the Chesterfield Community Services Board as the
Bermuda District representative, whose term is effective May
1, 2010 through December 31, 2012.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
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8.B. STREETLIGHT INSTALLATION COST APPROVAL
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On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the following streetlight installation:
BERMUDA DISTRICT:
• Vicinity of 11111 Chalkley Road
Cost to install streetlight: $496.28
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.C. CONSENT ITEMS
8.C.1. ADOPTION OF RESOLUTIONS
8.C.l.a. RECOGNIZING MAY 9-15, 2010, AS "NATIONAL LAW
ENFORCEMENT WEEK"
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, one of Chesterfield County's seven strategic
goals is "to be the safest and most secure community of its
size"; and
WHEREAS, no human aspiration is more fundamental and
important than safety of family, self and others whom we hold
dear; and
WHEREAS, the dedicated, loyal and brave members of the
various law enforcement agencies that operate in Chesterfield
County provide an invaluable service to all citizens; and
WHEREAS, this service, provided 24 hours a day and 365
days a year, is part of the foundation upon which our quality
of life rests; and
WHEREAS, during a time of war overseas and heightened
risks of terrorist attacks on our homeland, law enforcement
agencies are doing everything within their means to provide
for the security of our nation during these trying times; and
WHEREAS, the week of May 9-15, 2010, is widely
recognized across the nation as "National Law Enforcement
Week" and will honor the 124 law enforcement officers who
gave their lives in 2009 in the line of duty; and
WHEREAS, Chesterfield County is proud and honored to
have such outstanding and professional individuals serving as
law enforcement officers in the county to protect the health,
safety and welfare of its citizenry.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby recognizes the week of May
9-15, 2010, as "National Law Enforcement Week" in
Chesterfield County and calls this recognition to the
attention of all its citizens.
Ayes:
Nays:
Gecker, Holland, Jaeckle, Warren, and Durfee.
None.
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8.C.l.b. RECOGNIZING MAY 16-22, 2010, AS "EMERGENCY MEDICAL
SERVICE WEEK"
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, emergency medical services is a vital public
service; and
WHEREAS, the members of emergency medical services are
ready to provide high quality lifesaving care to those in
need twenty-four hours a day, seven days a week; and
WHEREAS, immediate access to high quality emergency care
dramatically improves the survival and recovery rate of those
who experience sudden illness or injury; and
WHEREAS, injury prevention and the appropriate use of
the EMS system will help reduce national health care costs;
and
WHEREAS, the emergency medical services system is
comprised of emergency physicians, emergency nurses,
emergency medical technicians, paramedics, firefighters,
communications officers, educators, administrators, and
others; and
WHEREAS, working together, Chesterfield County's
emergency crews responded to over 25,000 medical emergencies
in 2009, representing countless hours of dedicated service to
the community; and
WHEREAS, the members of emergency medical services,
whether career or volunteer, engage in many hours of
specialized training and continuing education to enhance
their lifesaving skills; and
WHEREAS, the citizens and guests of Chesterfield County
benefit daily from the knowledge, skills, and dedication of
these highly trained individuals; and
WHEREAS, it is appropriate to recognize the value and
the accomplishments of the emergency medical services
providers from Chesterfield Fire and EMS, Defense Supply
Center Richmond, Chesterfield County's Emergency~~
Communications Center, and the Volunteer Rescue Squads of
Bensley-Bermuda, Ettrick-Matoaca, Forest View, and
Manchester.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield'
County Board of Supervisors, this 28th day of April 2010,'
publicly recognizes the week of May 16-22, 2010, as
"Emergency Medical Services Week."
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.C.l.c. RECOGNIZING MS. BONITA A. BOWLES, PURCHASING
DEPARTMENT, UPON HER RETIREMENT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
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WHEREAS, Ms. Bonita A. "Bonnie" Bowles will retire on
July 1, 2010 after providing twenty years of dedicated and
faithful service to Chesterfield County; and
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WHEREAS, Ms. Bowles began her service on June 18, 1990
as Secretary to the Director and staff of the Internal Audit
Department and took on additional responsibilities to become
an Administrative Assistant during her nine years in the
department; and
WHEREAS, through study, dedication, and written
examination, Ms. Bowles received the prestigious honor of
being awarded the Certified Professional Secretary
designation by Professional Secretaries International in
1997, graduated Magna Cum Laude with an Associate of Applied
Science Degree with a Specialization in Administrative
Management from John Tyler in May 1999, and received the
prestigious honor of being awarded the Certified
Administrative Professional designation upon sitting for the
first exam given in Virginia; and
WHEREAS,. Ms. Bowles successfully completed the TQI
Advisor certification requirements and received a Certificate
of Recognition in 1999; and
WHEREAS, Ms. Bowles received a promotion in September
1999 to Office Administrator in the Purchasing Department,
where she served for 11 years, and where her position and
title changed from Administrative Officer to Administrative
Supervisor then Administrative Manager; and
WHEREAS, Ms. Bowles has served with honor and
distinction in various capacities of the Old Dominion Chapter
of the International Association of Administrative
Professionals (previously Professional Secretaries
International) since 1991 and in so doing, brought honor and
distinction to Chesterfield County in the execution of her
duties; and
WHEREAS, Ms. Bowles was always willing to take on any
challenge presented to her with a positive "can-do" attitude,
and has always worked well and displayed a determined effort
to stay with a project until it was successfully concluded;
and
WHEREAS, Ms. Bowles has served successfully on many
teams and projects during her tenure with the county and
contributed both as a team member and as an individual to the
excellence which made it possible for- the Purchasing
Department on October 25, 1999 to be the eighth public
procurement entity within the United States, Canada, Ireland,
and England and the first locality or state agency in
Virginia to receive national accreditation by the National
Institute of Governmental Purchasing; and
WHEREAS, Ms. Bowles has faithfully and effectively
discharged her duties in each and every capacity with
proficiency, dedication, and an unwavering commitment to
provide excellent customer service to the many customers in
both county and school operations served by Internal Audit
and Purchasing; and
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WHEREAS, Ms. Bowles displayed a commitment to duty along
with an unwavering commitment to the highest ethical and
moral standards while continually seeking. to obtain the best
service for the taxpayers of Chesterfield County; and
WHEREAS, Ms. Bowles will be tremendously missed for the
quality and caliber of her commitment and performance in the
Internal Audit and Purchasing Departments..
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Ms. Bonita A. "Bonnie"
Bowles and extends appreciation for her twenty years of
dedicated service to the county, congratulations upon her
retirement, and best wishes for a long and happy retirement.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.C.l.d. RECOGNIZING LIEUTENANT FRANK W. BLANKENSHIP, JR.,
FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT,
UPON HIS RETIREMENT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Lieutenant Frank W. Blankenship, Jr. will
retire from the Chesterfield Fire and Emergency Medical
Services Department, Chesterfield County, on June 1, 2010;
and
WHEREAS, Lieutenant Blankenship attended recruit school
#9 in 1978 and has faithfully served the county for nearly 32
years in various assignments including as a firefighter at
the Chester and Manchester Fire and EMS Stations; and
WHEREAS, Lieutenant Blankenship ~ worked in the
department's SCBA repair shop for over 20 years ensuring that
this vital safety equipment was repaired and maintained
properly; and
WHEREAS, Lieutenant Blankenship was certified as an
Advanced Life Support Provider in 1998, where he served as an
Emergency Medical Technician - Cardiac Technician for four
years; and
WHEREAS, Lieutenant Blankenship was promoted to the rank
of lieutenant in December 2001, and served at the Ettrick and
Midlothian Fire and EMS stations; and
WHEREAS, Lieutenant Blankenship received a life save
award for his role during Tropical Storm Gaston in August
2004 in the rescue of numerous citizens from flood waters at
the Falling Creek Apartments; and
WHEREAS, Lieutenant Blankenship was assigned to the
department's planning unit in September 2004; and
WHEREAS, Lieutenant Blankenship was assigned to the Fire
and Life Safety Division in December 2004, where he served as
an Inspector/Investigator and obtained the training to become
a fully sworn law enforcement officer; and
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WHEREAS, Lieutenant Blankenship served on the Quality
Council Committee, the Engine Design Workgroup, and the Rapid
Intervention Team Workgroup sharing his knowledge and wisdom
for continuous improvement; and
WHEREAS, Lieutenant Blankenship was well respected by
many throughout the department and recognized for his
professional knowledge, work ethic, and calm demeanor.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Lieutenant Frank W. Blankenship, Jr. 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: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.C.l.e. RECOGNIZING LIEUTENANT RANDY G. REENEY, FIRE AND
EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS
RETIREMENT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Lieutenant Randy G. Keeney will retire from the
Chesterfield Fire and Emergency Medical Services Department,
Chesterfield County, on May 1, 2010; and
WHEREAS, Lieutenant Keeney attended Recruit School #15
in 1984 and has faithfully served the county for nearly
twenty-six years in various assignments, as a firefighter at
the Bensley and Buford Fire and EMS Stations, and as a
Lieutenant at the Ettrick, Buford, Dale and Matoaca Fire and
EMS Stations; and
WHEREAS, Lieutenant Keeney was recognized as an
effective team member at emergency scenes, including the
Virginia Power fire in June 1987, the Darryl's Restaurant
fire in August 1990, the Waterford Apartments fire in
December 1997, Fox and Hound Restaurant fire in June 2005,
the Iron Bridge Office Park fire in December 2006, and three
serious motor vehicle accidents with entrapment in front of
Fire Station 11 in July 2005, February 2007 and September
2007; and
WHEREAS, Lieutenant Keeney was recognized with an EMS
Unit Citation for his role in saving the life of a citizen
suffering from cardiac arrest on June 11, 1996 at the
Sheraton Hotel on Midlothian Turnpike; and
WHEREAS, Lieutenant Keeney was recognized with a Unit
Citation for his role in bringing a major fire under control
at Cloverleaf Mall on October 12, 1995; and
WHEREAS, Lieutenant Keeney submitted a suggestion in
February 1988, which led to a new procedure in which
employees are properly sized to receive their safety boots.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
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Lieutenant Randy G. Keeney 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: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.C.l.f. RECOGNIZING MR. WILLIAM R. SMITH, UTILITIES
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Mr. William R. Smith will retire from the
Chesterfield County Utilities Department on April 30, 2010;
and
WHEREAS, after working for over 20 years with Virginia
Power, Mr. Smith began his public service with-Chesterfield
County on November 6, 1989 as the Chesterfield Utilities
Department's Utility Rate Analyst; and
WHEREAS, Mr. Smith provided ethical and sound financial
advice in evaluating, analyzing, and determining utility
rates and rate setting methodologies; forecasting utility
growth and revenues; preparing utility cash flows; and
interpreting historical data in developing future trends; and
WHEREAS, Mr. Smith participated in the decision-making
process that established the residential irrigation meter
program in 1994; and
WHEREAS, Mr. Smith provided an analytical evaluation of
the utility fixed assets for the new county-wide fixed assets
system in 1995; and
WHEREAS, Mr. Smith played a vital role in researching,
planning, developing and documenting the Rate Stabilization
Reserve Policy in 1996 that provides for the reserving of
utility revenues for the replacement or rehabilitation of
utility fixed assets; and
WHEREAS, Mr. Smith recognized the benefits of
Chesterfield County's total quality improvement journey by
participating on the department's quality council; serving on
teams to identify improvements and document processes; and
completing classes to graduate from the Total Quality
Improvement University; and
WHEREAS, Mr. Smith was instrumental and a primary
contributor in preparing data and presentations for the
department's 2002, 2007 and 2009 bond issues which earned
Chesterfield County Utilities Department a AAA bond rating
from the top three rating services, Standards and Poor's,
Fitch Ratings and Moody's Investors Services, making the
Utilities Department one of only a few water and wastewater
utilities in the nation to have the highest rating from all
three rating services; and
WHEREAS, Mr. Smith worked diligently using his knowledge
of utility rate methodologies to assist our consultant in
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preparing a "Comprehensive Utility Evaluation and Rate Study"
and the development of a new rate model in 2005; and has
developed an updated structure for potential use in future
years; and
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WHEREAS, Mr. Smith was an important contributor in
maintaining the Utilities Department's financial stability
while providing fair, stable and competitive rates and fees
for county utilities customers; and
WHEREAS, throughout his career with Chesterfield County,
Mr. Smith displayed dependability, professionalism, aptitude,
and good character and values.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. William. R. Smith
and extends on behalf of its members and citizens of
Chesterfield County, appreciation for over 20 years of
exceptional service to the county.
Ayes:, Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.C.l.g. RECOGNIZING MS. CATHERINE M. LANTZ, PURCHASING
DEPARTMENT, UPON HER RETIREMENT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Ms. Catherine M. Lantz will retire on May 1,
2010 after providing thirty years of dedicated and faithful
service to Chesterfield County; and
WHEREAS, Ms. Lantz began her service on January 17, 1980
as a Senior Buyer with the Purchasing Department where she
procured goods, services, and construction for Chesterfield
County Government and Chesterfield County Schools, became a
Purchasing Officer on April 21, 1989, and most recently
became a Senior Contract Officer on September 10, 2005; and
WHEREAS, through study, dedication, and written
examination, Ms. Lantz received the prestigious honor of
being awarded the Certified Professional Public Buyer (CPPB)
designation by the National Institute of Governmental
Purchasing; and
WHEREAS, Ms. Lantz was a long-time member of
professional procurement organizations including the National
Institute of Governmental Purchasing (NIGP), the Virginia
Association of Governmental Purchasing (VAGP), and the
Capital Area Purchasing Association (CAPA); and
WHEREAS, Ms. Lantz successfully completed the TQI
Advisor certification requirements and received a Certificate
of Recognition on August 24, 1999; and
WHEREAS, Ms. Lantz through the Purchasing Department's
Cost Avoidance Program and in accordance with competitive
procurement practices and principles has saved the taxpayers
of Chesterfield County $3,446,203.99 from 1987 to the present
date; and
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WHEREAS, Ms. Lantz has established and administered
numerous requirements contracts during her tenure which have
successfully met the needs of county and school departments
through effective, efficient, and cost saving procurement
techniques; and
WHEREAS, Ms. Lantz was always willing to take on any
challenge presented to her with a positive "can-do" attitude,
and always remained calm under fire in her dealings with
customers and vendors; and
WHEREAS, Ms. Lantz has served successfully on many teams
and projects during her tenure with the county and
contributed both as a team member and as an individual to the
excellence which made it possible for the Purchasing
Department on October 25, 1999 to be the eighth public
procurement entity within the United States, Canada, Ireland,
and England and the first locality or state agency in
Virginia to receive national accreditation by the National
Institute of Governmental Purchasing; and
WHEREAS, Ms. Lantz has faithfully and effectively
discharged her duties in each and every capacity with
proficiency, dedication, and an unwavering commitment to
provide excellent customer service to the many customers in
both county and school operations served by the Purchasing
Department; and
WHEREAS, Ms. Lantz displayed a commitment to duty along
with an unwavering commitment to the highest ethical and
moral standards while continually seeking to obtain the best
value for the taxpayers of Chesterfield County; and
WHEREAS, Ms. Lantz will be tremendously missed for the
quality and caliber of her commitment and performance in the
Purchasing Department.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Ms. Catherine M. Lantz
and extends appreciation ,for her thirty years of dedicated
service to the county, congratulations upon her retirement,
and best wishes for a long and happy retirement.
Ayes: Decker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.C.2. INITIATION OF AN APPLICATION FOR CONDITIONAL USE TO
PERMIT A DWELLING UNIT SEPARATED FROM THE PRINCIPAL
DWELLING UNIT ON PROPERTY LOCATED ON COURTHOUSE ROAD
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
initiated an application for a conditional use to allow a
dwelling unit separated from the principal dwelling unit on
property located at 8500 Courthouse Road (Tax ID 765-667-
8293)-, and appointed Kirkland Turner, Director of Planning,
as agent for the application.
Ayes: Decker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
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8.C.3. ACCEPTANCE OF A GRANT AWARDED BY THE VIRGINIA
DEPARTMENT OF CRIMINAL JUSTICE SERVICES FOR THE
FY2009 STATE HOMELAND SECURITY GRANT PROGRAM
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On motion of Mr. Holland, seconded by Ms. Durfee, the Board
accepted and .appropriated the award from the Virginia
Department of Criminal Justice Services for the FY2009 State
Homeland Security Grant Program; CBRNE Armored Incident
Response Vehicle and CBRNE Personal Protective Equipment in
the amount of $285,000 and authorized the County
Administrator to execute all documents.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.C.4. REQUESTS FOR PERMISSION
8.C.4.a. FROM MARK W. AND RENEE D. THURSTON TO INSTALL A
STEEL GATE ON COUNTY PROPERTY ADJACENT TO 2301
NORTH OTTERDALE ROAD
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved the request for permission from Mark W. Thurston and
Renee D. Thurston to install a steel gate on county property
adjacent 2301 N. Otterdale Road, 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: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.C.4.b. FROM ROBERT T. CRENSHAW TO INSTALL A PRIVATE WATER
SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY
ON PARKER LANE
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved the request for permission from Robert T. Crenshaw
to install a private water service within a private easement
to serve property at 12710 Parker Lane, and authorized the
County Administrator to execute the water connection
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.C.4.c. FROM MICHAEL S. AND KIMBERLY N. SMITH TO ENCROACH
WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT
37, TANNER VILLAGE, SECTION A AT CHARTER COLONY
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On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved the request for permission from Michael S. Smith and
Kimberly N. Smith for a proposed fence to encroach within a
16-foot drainage easement across Lot 37, Tanner Village,
Section A and Charter Colony, subject to the execution of a
license agreement. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
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8.C.5.
TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO THE POLICE
DEPARTMENT FOR POLICE TRAFFIC COVERAGE AT THE BON
HISTORICAL SOCIETY'S VICTORIAN DAY PARADE
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
transferred $915.00 from the, Midlothian District Improvement
Fund to the Police Department for police/traffic coverage at
the Bon Air Historical Society's Victorian Day Parade.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.C.6. AWARD OF CONSTRUCTION CONTRACT FOR ROCKWOOD WATER
PUMP STATION ELECTRICAL UPGRADES
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
awarded the construction contract to Pyramid Electric
Contractor in the amount of $279,000.00 for County Project
#04-0183, Rockwood Water Pump Station Electrical Upgrades and
authorized the County Administrator to execute the necessary
documents.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.C.7. ACCEPTANCE OF PARCELS OF LAND
8.C.7.a. ALONG INTERSTATE 295 FROM THE ECONOMIC DEVELOPMENT
AUTHORITY OF THE COUNTY OF CHESTERFIELD
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
accepted the conveyance of three parcels of land containing a
total of 37.310 acres along Interstate 295 from the Economic
Development Authority of the County of Chesterfield, 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: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.C.7.b. ALONG SOUTH PROVIDENCE ROAD FROM VIRGINIA CVS
PHARMACY, L.L.C.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
accepted the conveyance of a parcel of land containing 0.022
acres along South Providence Road from Virginia CVS Pharmacy,
L.L.C. 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: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.C.8. CONVEYANCE OF EASEMENT TO VIRGINIA ELECTRIC AND
POWER COMPANY TO UPGRADE SERVICE AT GRANGE HALL
ELEMENTARY SCHOOL
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an agreement with Virginia
Electric and Power Company for a variable width underground
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easement to upgrade service at Grange Hall Elementary School.
(It is noted a copy of the plat is filed with the papers of
this Board.)
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Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.C.9. STATE ROAD ACCEPTANCE
On motion of Mr. Holland, 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: Tarrington Section 9, Portion of
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
• Bircham Loop, State Route Number 7490
O1d.Route Number: 0
From: Ashwell Dr., (Rt. 5843)
To: Temp EOM, a distance of: 0.05 miles.
Recordation Reference: Pb. 174, Pg. 47
Right of Way width (feet) = 44
• Ashwell Drive, State Route Number 5843
Old Route Number: 0
From: 0.11 miles east of Bircham Lp., (Rt. 7490)
To: 0.26 miles east of Bircham Lp., (Rt. 7490), a distance of: 0.15
miles.
Recordation Reference: Pb. 174, Pg. 47
Right of Way width (feet) = 50
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
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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: Tarrington 10
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
• Ashwell Drive, State Route Number 5843
Old Route Number: 0
From: Ashwell Dr., (Rt. 5843)
To: Bircham Lp., (Rt. 7490), a distance of: 0.07 miles.
Recordation Reference: Pb. 174, Pg. 47
Right of way width (feet) = 50
• Ashwell Drive, State Route Number 5843
Old Route Number: 0
From: Bircham Lp., (Rt. 7490)
To: 0.01 miles east of Bircham Lp., (Rt. 7490), a distance of: 0.01
miles.
Recordation Reference: Pb. 174, Pg. 47
Right of way width (feet) = 50
• Ashwell Drive, State Route Number 5843
Old Route Number: 0
From: 0.01 miles east of Bircham Lp., (Rt. 7490)
To: 0.11 miles east of Bircham Lp., (Rt. 7490), a distance of: 0.10
miles.
Recordation Reference: Pb. 174, Pg. 47
Right of Way width (feet) = 50
• Handley Lane, State Route Number 7491
Old Route Number: 0
From: Ashwell Dr., (Rt. 5843)
To: Handley Rd., (Rt. 7492), a distance of
Recordation Reference: Pb. 172, Pg. 48
Right of way width (feet) = 44
• Handley Road, State Route Number 7492
Old Route Number: 0
From: Handley Ln., (Rt. 7491)
To: Temp EOM, a distance of: 0.06 miles.
0.06 miles.
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Recordation Reference: Pb. 172, Pg. 48
Right of Way width (feet) = 50
• Handley Road, State Route Number 7492
Old Route Number: 0
From: Handley Ln., (Rt. 7491)
To: Handley Ct., (Rt. 7493), a distance of
Recordation Reference: Pb. 172, Pg. 48
Right of Way width (feet) = 44
• Handley Court, State Route Number 7493
Old Route Number: 0
From: Handley Rd., (Rt. 7492)
To: Cul-de-sac, a distance of: 0.05 miles.
Recordation Reference: Pb. 172, Pg. 48
Right of Way width (feet) = 40
• Handley Road, State Route Number 7492
Old Route Number: 0
0.11 miles.
From: Handley Ct., (Rt. 7493)
To: Sodbury Dr., (Rt. 7494), a distance of: 0.06 miles.
Recordation Reference: Pb. 172, Pg. 48
Right of Way width (feet) = 44
• Sodbury Drive, State Route Number 7494
Old Route Number:' 0
From: Handley Rd., (Rt. 7492)
To: Temp EOM, a distance of: 0.04 miles.
Recordation Reference: Pb. 172, Pg. 48
Right of Way width (feet) = 40
• Haadley Road, State Route Number 7492
Old Route Number: 0
From: Sodbury Dr., (Rt. 7494)
To: Cul-de-sac, a distance of: 0.05 miles.
Recordation Reference: Pb. 172, Pg. 48
Right of Way width (feet) = 44
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.C.10. DESIGNATION OF FY2011 CHESTERFIELD ROAD FUND
(REVENUE SHARING) PROJECTS AND TRANSFER OF FUNDS
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution designating Newbys Bridge
Road (Valencia Road to Shepherds Watch Drive) and Route 1 at
the Willis Road Intersection as the county's FY2011
Chesterfield Road Fund (Revenue Sharing) projects:
WHEREAS, Section 33.1-75.1 of the Code of Virginia
permits the Commonwealth Transportation Board to make an
equivalent matching allocation to any County for designations
by the governing body of up to $1,000,000 in funds received
by it during the current fiscal year pursuant to the "State
and Local Fiscal Assistance Act of 1972" for use by the
Commonwealth Transportation Board to construct, maintain, or
improve primary and secondary highway systems within such
County; and
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WHEREAS, the Chesterfield County Board of Supervisors
has made available $1 million for the Chesterfield Road Fund
(VDOT Revenue Sharing Program) with the adoption of the
FY2011 Appropriation Resolution and other Board action; and
WHEREAS, the Virginia Department of Transportation has
notified the county that $1 million is the maximum amount of
Chesterfield County funds that will be matched by the state
during FY2011.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors allocates $1 million to be
matched by the State for the FY2011 Chesterfield Road Fund
(VDOT Revenue Sharing Program).
AND, BE IT FURTHER RESOLVED that the matched funds be
allocated to the following projects:
$130,600 Newbys Bridge Road (Valencia Road to
Shepherds Watch Drive)
Preliminary Engineering, Right-of-way,
and Construction
$65,300- VDOT and $65,300- County
$1,869,400 Route 1 at the Willis Road Intersection
Preliminary Engineering, Right-of-way,
and Construction
$934,700 - VDOT and $934,700 - County
And, further the Board transferred $500,000 from the
Industrial Access account to the Chesterfield Road Fund
account.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.C.11. APPROVAL OF FY2011 PRIORITY LIST OF PRIMARY AND
INTERSTATE NEEDS
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved the recommended priority list of highway projects
and letter; directed the County Administrator to forward the
list and letter to Chesterfield County's Congressional and
State Legislative Delegations and the Commonwealth
Transportation Board. (It is noted a copy of the priority
list is filed with the papers of this Board.)
Ayes: Gecker, Holland, Jaeckle, Warren, 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. Warren, seconded by Mr. Holland, 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: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
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10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no speakers at this time.
11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(1) OF THE
CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS THE
APPOINTMENT OF A COUNTY ATTORNEY
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On motion of Ms. Durfee, seconded by Mr. Holland, the Board
went into Closed Session, pursuant to Section 2.2-3711(A)(1),
Code of Virginia, 1950, as amended, to discuss the
appointment of a County Attorney.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
Reconvening:
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into Closed Session in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act
effective July 1, 1989 provides for certification that such
Closed Session was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify -that to the best of each member's
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of
Information Act were discussed in the Closed Session to which
this certification applies, and ii) only such public business
matters as were identified in the Motion by which the Closed
Session was convened were heard, discussed, or considered by
the Board. No member dissents from this certification.
The Board being polled, the vote was as follows:
Ms. Durfee: Aye.
Ms. Jaeckle: Aye.
Mr. Warren: Aye.
Mr. Holland: Aye.
Mr. Gecker: Aye.
12. 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: Gecker, Holland, Jaeckle, warren, and Durfee.
Nays: None.
Reconvening:
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13. INVOCATION
Mr. Russell Harris, Manager of Community Development
Services, gave the invocation.
14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout William Bungarden led the Pledge of Allegiance to
the Flag of the United States of America.
15. RESOLUTIONS
15.A. RECOGNIZING THE FRIENDS OF THE CHESTERFIELD COUNTY
PUBLIC LIBRARY ON THEIR 40TH ANNIVERSARY
Mr. Mabe introduced members of the Friends of the
Chesterfield County Public Library, who were present to
receive the resolution.
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, the Friends of the Chesterfield County Public
Library was established in 1970 by visionary citizens to
support the goals of the Chesterfield County Public Library;
and
WHEREAS, the Friends of the Library are celebrating
their 40th anniversary of operation with renewed energy to
promote and advocate for the value of public library service
by coordinating their strategic plan with the Library's
strategic plan and supporting the county's goals and
initiatives for the welfare of Chesterfield citizens; and
WHEREAS, the Friends of the Library continues its
volunteerism as a fundraising and supportive organization
that directly supports the Library's mission "to inspire,
enlighten, entertain and educate by bringing people and
information together"; and
WHEREAS, the Friends of the Library continues gifting of
collaborative grant funds, which has totaled over $172,000
since 2004, and the collaborative grant funds are the result
of the funds contributed by the various branch chapters to
support quality educational and cultural programming
throughout the county; and
WHEREAS, significantly, the local branch chapters of the
Friends have also made individual contributions totaling
$114,000 to support numerous library projects including the
purchasing of new materials; and
WHEREAS, the Friends of the Library fosters recognition
of the library as an institution of lifelong learning that
aids individuals in economic betterment and improves the
quality of life in Chesterfield County; and
WHEREAS, the Friends of the Library has supported such
education and enrichment programs as the Summer Reading
Program, the Writers Workshop, Children's Book Week
activities, National Library Week activities, and various
concerts, film series, and book and author dinners that have
featured well-known authors; and
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WHEREAS, the Friends of the Library continues to
advocate for quality library services and increased public
awareness of the excitement of using our libraries and they
continue to publicize the need to foster support for
libraries in the community, thus continuing to strengthen the
Library's role as a community place for the arts, culture and
information as well as to give the library visibility locally
and regionally.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 28th day of April 2010,
publicly recognizes the Friends of the Chesterfield County
Public Library for their outstanding contributions to the
quality of life of the citizens of Chesterfield County.
AND BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to the Friends of the Chesterfield
County Public Library and that this resolution be permanently
recorded among the papers of this Board of Supervisors of
Chesterfield County, Virginia.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
Mr. Holland presented the executed resolution and expressed
appreciation to the members of the Friends of the
Chesterfield County Public Library for their support of the
libraries in the county.
Ms. Andrea Brown, President of the Board of Directors for the
Friends of the Chesterfield County Public Library, expressed
appreciation to the Board for the recognition.
Ms. Sheila Callear invited the Board members to attend the
annual meeting of the Friends of the Chesterfield County
Public Library which is scheduled on May 25, 2010 at 6:00
p.m.
Ms. Marsha Haddock, Corresponding Secretary for the Friends
of the Chesterfield County Public Library, encouraged all of
the citizens to become members of the Friends organization.
Ms. Kathy Geranious, Past President of the Board of Directors
for the Friends of the Chesterfield County Public Library,
expressed appreciation to the Board for the recognition.
Mr. Holland expressed appreciation to Mr. Mabe for all he
does to make the libraries special.
15.C. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
15.C.1. MR. JEFFREY VICTOR CHIARELLO, MATOACA DISTRICT
15.C.2. MR. TAYLOR J. JENIOLIONIS, BERMUDA DISTRICT
15.C.4. MR. RICHARD CREDICOTT, CLOVER HILL DISTRICT
15.C.3. MR. WILLIAM NIKOLAS BUNGARDEN, BERMUDA DISTRICT
15.C.5. MR. JAMES LIGHTHISER, CLOVER HILL DISTRICT
15.C.6. MR. HARRY L. SEELEY, BERMUDA DISTRICT
Mr. Kappel introduced Mr. Jeffrey Chiarello, Mr. Taylor
Jeniolionis, Mr. William Bungarden, Mr. Richard Credicott,
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Mr. James Lighthiser and Mr. Harry Seeley, who were present,
with members of their family, to receive the resolutions.
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 their community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law, Mr. Jeffrey Victor
Chiariello, Troop 806, sponsored by Woodlake United Methodist
Church, Mr. Taylor J. Jeniolionis and Mr. Harry L. Seeley,
both of Troop 2877, sponsored by Chester Presbyterian Church,
Mr. Richard Credicott and Mr. James Lighthiser, both of Troop
800, sponsored by Bethel Baptist Church, and Mr. William
Nickolas Bungarden, Troop 2815, sponsored by Chester United
Methodist Church, have accomplished those high standards of
commitment and have reached the long-sought goal of Eagle
Scout which is received by only four percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through their experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare themselves for a role as leaders in
society, Jeffrey, Taylor, Harry, Richard, James and Will have
distinguished themselves as members 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 28th day of April 2010,
hereby extends its congratulations to Mr. Jeffrey Victor
Chiariello, Mr. Taylor J. Jeniolionis, Mr. Harry L. Seeley,
Mr. Richard Credicott, Mr. James Lighthiser and Mr. William
Nickolas Bungarden, and acknowledges the good fortune of the
county to have such outstanding young men as its citizens.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
Ms. Durfee, Ms. Jaeckle and Mr. Warren presented the executed
resolutions and patches to Mr. Chiariello, Mr. Jeniolionis,
Mr. Seeley, Mr. Credicott, Mr. Lighthiser and Mr. Bungarden,
congratulated them on their achievements and wished them well
in future endeavors.
Mr. Chiariello, Mr. Jeniolionis, Mr. Seeley, Mr. Credicott,
Mr. Lighthiser and Mr. Bungarden provided details of their
Eagle Scout projects and expressed appreciation for their
parents' support.
16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. L.J. McCoy addressed the Board regarding the inequities
in the Chesterfield County Schools gifted education program.
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Ms. Nancy Frantel addressed the Board regarding the
information she received from her FOIA request.
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Ms. Andrea Epps addressed the Board regarding a development
credit transfer program that she is beginning.
17. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING
ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE
APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL
BE HEARD AT SECTION 19
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In Bermuda Magisterial District,. ACQUISITIONS PLUS LLC
requests rezoning and amendment of zoning district map from
Light Industrial (I-1) and Residential (R-7) to Residential
Townhouse (R-TH) on 16.9 acres fronting approximately 920
feet on the north and south lines of Gayland Avenue
approximately 600 feet east of Jefferson Davis Highway.
Residential use of up to 8.0 units per acre is permitted in a
Residential Townhouse (R-TH) District. The Comprehensive Plan
suggests the property is appropriate for residential use of
2.5-4 units per acre. Tax IDs 792-678-1855, 2312, 2756, 3614,
3859, 4762, 5018, 5765, 6322, 6667, 7626, 7770, 8673 and
9532; and 793-678-0077.
Mr. Turner presented a summary of Case 07SN0341 and indicated
Ms. Jaeckle would like to remand the request to the Planning
Commission.
Mr. Andy Scherzer, with Balzer & Associates, expressed
appreciation for the efforts of Ms. Jaeckle and the citizens
on this request. He stated the applicant welcomes the time
to work with the Planning Commission to come to a better
understanding. He further stated the remand request is
acceptable.
Mr. Gecker called for public comment.
There being no one to address the remand, the public hearing
was closed.
In response to Mr. Gecker's question, Mr. Scherzer stated he
believes all of the issues can be resolved within the six-
month timeframe.
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
remanded Case 07SN0341 to the Planning Commission.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
lOSN0142 (Amended)
In Matoaca Magisterial District, CARRIE E. COYNER requests
amendment to zoning (Case 89SN0354) and amendment of zoning
district map relative to density and buffers on 165.5 acres
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04/28/10
and conditional use to permit recreational uses on 554.5
acres of a 565.5 acre tract in a Residential (R-15) District
fronting 1650 feet on the west line of Old Hundred Road, 1430
feet south of Scottwood Road. Density will be controlled by
zoning conditions or ordinance standards. The Comprehensive
Plan suggests the property is appropriate for residential use
of 2.0 units per acre or less and conservation/recreation
use. Tax IDs 710-696-7117; 712-697-6782; 713-697-2740, 3955,
5464, 6081, 6696; 713-698-7012, 7633, 8049, 8663, 8978, 9896;
714-699-0616, 0735, 0750, 0862, 2778, 4697; 714-700-6005 and
7711; and 714-701-2019.
Mr. Turner presented a summary of Case lOSN0142 and stated
the Planning Commission and staff recommended approval
subject to the conditions and acceptance of the proffered
conditions.
Ms. Carrie Coyner, the applicant's representative, stated the
recommendation was acceptable. She further stated the
removal of the previous conditions will allow the developer
to develop the property as a larger development instead of an
island by itself.
Mr. Gecker 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 Case lOSN0142, subject to the following condition:
1. With the approval of this request, Condition 1
(pertaining to buffers) of Case 89SN0354 shall be
deleted for Tax IDs 713-697-2740, 3955, 5464, 6081
and 6696; 713-698-7012, 7633, 8049, 8663, 8978 and
9896; 714-699-0616, 0735, 0750, 0862, 2778 and
4697; 714-700-6005 and 7711; and 714-701-2019. (P)
2. With the approval of this request, Proffered
Condition 5 (pertaining to density) of Case
89SN0354 shall be modified, as stated in Proffered
Condition 1, for Tax ID 714-701-2019. (P)
(Note: Except as modified herein, all other conditions
of Case 89SN0354 remain in force and effect.)
And, further, the Board accepted the following proffered
conditions:
The Applicant in this zoning case, pursuant to Section 15.2-
2298 of the Code of Virginia (1950 as amended) and the Zoning
Ordinance of Chesterfield County, for itself and its
successors or assigns, proffers that the development of the
property as identified in the application, and subject to the
conditions and provisions of Case No. 89SN0354 and Case No.
03SN0124, if previously applicable, and subject to the
conditions and provisions as set forth below; however, in the
event the request is denied or approved with conditions not
agreed to by the Applicant, these proffers and conditions as
set forth below shall be immediately null and void and of no
further force or effect.
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The Applicant includes Tax IDs 713-697-2740, 3955, 5464,
6081, 6696; 713-698-7012, 7633, 8049, 8663, 8978, 9896; 714-
699-0616, 0735, 0750, 0862, 2778, 4697; 714-700-6005 and
7711; and 714-701-2019 to remove the buffer condition as set
forth as Condition 1 of Zoning Case No. 89SN0354. The
Applicant includes Tax IDs 714-701-2019 to amend Proffered
Condition 5 of Zoning Case No. 89SN0354 as to the specified
property. The Applicant includes Tax IDs 714-700-7711; 714-
700-6005; 714-699-4697, 0862, 0616; 713-698-8663, 8049; 713-
697-6081; 710-696-7117; 714-701-2019; and 712-697-6782 to
request a Conditional Use to permit recreational facilities
subject to the conditions set forth herein below, hereinafter
referred to as the "Recreation Properties."
The following condition shall apply to Tax ID 714-701-2019:
1. The maximum density of this development shall not
exceed 210 lots. Only access(es) approved by the
Transportation Department shall be permitted to Old
Hundred Road. (P & T)
(Staff Note: Proffered Condition 1 modifies Proffered
Condition 5 of Case 89SN0354.)
The following condition shall apply to Tax IDs 714-700-7711;
714-700-6005; 714-699-4697, 0862, 0616; 713-698-8663, 8049;
713-697-6081; 710-696-7117; 714-701-2019; and 712-697-6782:
2. Any recreational facilities shall be subject to the
following restrictions:
a. Outside public address systems or speakers
shall not be used between the hours of 11:00
p.m. and 8:00 a.m. and shall only be used in
conjunction with a swimming pool.
b. With the exception of playground areas which
accommodate swings, jungle gyms, or similar
such facilities, all outdoor play fields,
courts, swimming pools and similar active
recreational areas shall be located a minimum
of fifty (50) feet from any proposed or
existing single family residential lot line
and a minimum of fifty (50) feet from any
existing or proposed public road.
c. Within the fifty (50) foot setback, a fifty
(50) foot buffer shall be provided along the
perimeter of all active recreational
facilities except where adjacent to any
existing or proposed roads. This buffer shall
conform to the requirements of the Zoning
Ordinance for fifty (50) foot buffers.
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d. Any playground areas (i.e., areas
accommodating swings, jungle gyms or similar
such facilities) shall be located a minimum of
forty (40) feet from all property lines. A
forty (40) foot buffer shall be provided along
the perimeter of these recreational facilities
except where adjacent to any existing or
proposed roads. This buffer shall conform to
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the requirements of the Zoning Ordinance for
fifty (50) foot buffers.
e. In conjunction with the recordation of any lot
adjacent to active recreational area(s), such
area(s) shall be identified on the record plat
along with the proposed recr-eational uses and
required conditions.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
in~uni~~
In Bermuda Magisterial District, BHARAT SHAH requests
rezoning and amendment of zoning district map from
Agricultural (A) to Corporate Office (O-2) on 2 acres known
as 508 West Hundred Road. Density will be controlled by
zoning conditions or ordinance standards. The Comprehensive
Plan suggests the property is appropriate for neighborhood
mixed use. Tax ID 811-653-4710.
Mr. Turner presented a summary of Case lOSN0162 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Bharat Shah, the applicant, stated the recommendation is
acceptable.
Mr. Gecker 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 lOSN0162 and accepted the following proffered
conditions:
1. Prior to any site plan approval, 100 feet of right-
of-way measured from the centerline of West Hundred
Road (Route 10) adjacent to the property shall be
dedicated, free and unrestricted, to and for the
benefit of Chesterfield County. (T)
2. Direct vehicular access from the property to Route
10 shall be limited to one (1) entrance/exit. Prior
to any site plan approval, an access easement,
acceptable to the Transportation Department, shall
be recorded across the property to provide shared
use of this access with adjacent properties. (T)
3. Prior to the issuance of any new construction
certificates of occupancy, the developer shall be
responsible for:
a. Construction of additional pavement along
Route 10 to provide a right turn lane at the
approved access,
b. Dedication of any additional right-of-way (or
easements) required for this improvement. In
the event the developer is unable to acquire
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any "off-site" right-of-way that is necessary
for the road improvements described in this
Proffered Condition, 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)
4. Prior to the issuance of any certificates of
occupancy for development exceeding a total of
3, 000 square feet of general office, or equivalent
traffic generation, the developer shall be
responsible for:
a. Construction of an additional lane of pavement
along Route 10 for the entire property
frontage,
b. Closing the existing crossover on Route 10
approximately 100 feet west of the western
property line,
c. Construction of an eastbound left turn lane
along Route 10 at the existing crossover
approximately 250 feet east of the property,
d. Dedication of any additional right-of-way (or
easements) required for this improvement. In
the event the developer is unable to acquire
any "off-site" right-of-way that is necessary
for the road improvements described in this
Proffered Condition, 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)
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5. No building(s) located in excess of 200 feet from a
residential district shall exceed a height of three
(3) stories or forty-five (45) feet, whichever is
less. (P)
6. All building exteriors (whether front, side or
rear), exclusive of doors and windows, shall
consist of brick or brick veneer. (P)
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
10-319
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in~uni~~
In Dale Magisterial District, EVAN SOMOGYI requests
conditional use and amendment of zoning district map to
permit a tattoo parlor (to include body piercing) on 0.8 acre
of a 13.5 acre tract located in a General Business (C-5)
District fronting 340 feet on the south line of Hull Street
Road, 210 feet east of Speeks Drive. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
general commercial and medium density residential use of 1.51
to 4.0 units per acre. Tax ID 746-684-6733.
Mr. Turner presented a summary of Case lOSN0166 and stated
the Planning Commission and staff recommended approval
subject to the conditions.
Mr. Evan Somogyi requested the Board approve his request.
Mr. Holland stated he would like to defer the request for 30
days.
In response to Mr. Holland's question, Mr. Somogyi stated the
deferral request is acceptable. He further stated he has
experience owning a tattoo shop for over 11 years. He stated
everything will be done correctly.
Mr. Gecker 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
deferred Case lOSN0166 to May 26, 2010.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
in~Nni~~
In Matoaca Magisterial District, PEACEFIELD DEVELOPMENT CORP.
requests amendment of zoning (Case 05SN0214) and amendment of
zoning district map relative to house size in a Residential
(R-88) District on 104.3 acres fronting 2470 feet on the east
line of River Road, 150 feet north of Graves Road; also
fronting 1050 feet on the north line of Graves Road, 360 feet
east of River Road. Residential use of up to 0.50 units per
acre is permitted in the Residential (R-88) District. The
Comprehensive Plan suggests the property is appropriate for
residential use of 1-5 acre lots; suited to R-88 zoning. Tax
IDs 756-620-2777; 755-622-8344; and 755-622-8531.
Mr. Turner presented a summary of Case lOSN0176 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered condition.
Mr. Andy Scherzer, the applicant's representative, stated the
recommendation was acceptable. He expressed appreciation to
Mr. Bass for his assistance on this case.
Mr. Gecker called for public comment.
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There being no one to address the request, the public hearing
was closed.
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On motion of Ms. Durfee, seconded by Mr. Holland, the Board
approved Case lOSN0176 and accepted the following proffered
condition:
All dwelling units shall have a minimum gross floor area
of 1,400 square feet. (P)
(STAFF NOTE: This proffered condition supersedes
Proffered Condition 4 of Case 05SN0214 for the subject
property only.)
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
~ ne*Tn~ od
In Bermuda Magisterial District, JAMES S. MILLS requests
renewal of manufactured home permit 96SN0133 to permit a
temporary manufactured home in a Residential (R-7) District
on .5 acre known as 2619 Shields Road. The density of such
amendment is approximately 2 units per acre. The
Comprehensive Plan suggests the property is appropriate for
office/residential mixed use. Tax ID 796-659-9898.
Mr. Turner presented a summary of Case lOSN0194 and stated
staff recommended approval subject to the conditions.
Mr. James Mills, the applicant, stated the recommendation is
acceptable.
Mr. Gecker 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 lOSN0194, subject to the following conditions:
1. The applicant shall be the owner and occupant of
the manufactured home. (P)
2. This manufactured home permit shall be granted for
a period not to exceed seven (7) years from date of
approval. (P)
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3. No additional permanent-type living space may be
added onto this manufactured home. This
manufactured home shall be skirted, but shall not
be placed on a permanent foundation. Skirting of
this manufactured home shall occur within thirty
(30) days of approval of this request. (P)
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
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lOSN0196
In Matoaca Magisterial District, GERALD W. ARCHER requests
renewal of manufactured home permit 03SN0176 to permit a
temporary manufactured home in a Residential (R-7) District
on 2 acres known as 21218 Franklin Avenue. The density of
such amendment is approximately 1 unit per acre. The
Comprehensive Plan suggests the property is appropriate for
residential use of 1 unit per acre or less. Tax ID 778-610-
0425.
Mr. Turner presented a.summary of Case lOSN0196 and stated
staff recommended approval subject to the conditions.
Ms. Grace Jones, the applicant's sister, stated the
recommendation was acceptable.
Mr. Gecker 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 Case lOSN0196, subject to the following conditions:
1. The applicant shall be the owner and occupant of
the manufactured home. (P)
2. This manufactured home permit shall be granted for
a period not to exceed seven (7) years from date of
approval. (P)
3. No additional permanent-type living space may be
added onto this manufactured home. This
manufactured home shall be skirted, but shall not
be placed on a permanent foundation. (P)
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
lOSN0205
In Dale Magisterial District, CARRIE COYNER requests)
amendment to zoning (Case 04SN0182) and amendment of zoning)
district map to seek relief of an existing delinquency ink,
payment of a transportation contribution and to modify the
payment schedule in a Residential (R-40) District on 418.1
acres fronting 1100 feet on south line of Nash Road, 3100,
feet northeast of East Fair Drive, also fronting 1350 feet on'
east line of East Fair Drive, across from Lylwood Lane.
Density 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. Tax IDs 764-651-8397, 9675; 764-652-2073, 3384,
3652, 5794, 5945, 6166,7128, 9038 and 9064; 764-653-5039,,
6730, 7161, 7594 and 9082; 764-654-7731;765-651-1286 and'
8282; 765-652-0116, 0683, 1829, 3102, 3835, 5805, 6234 and'
8905; 765-653-0570, 1096, 2660, 3491, 4059, 4805, 5752, 7337,
8723 and 8964; 766-652-1994, 2666, 4137 and 5669; 766-653-
0613, 0657, 1543, 3225 and 4810; and 768-654-0842.
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Mr. Turner presented a summary of Case lOSN0205 and stated
the Planning Commission and staff recommended approval of the
proffered condition. He further stated a revised proffered
condition has been received and the Board must suspend its
rules to accept the revised proffer.
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Ms. Carrie Coyner, the applicant's representative, requested
the Board to approve the amendment to a condition of zoning.
Mr. Gecker 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
suspended its rules to allow for acceptance of the amended
proffered condition.
Ayes: Gecker, Holland, Jaeckle, warren, and Durfee.
Nays: None.
Mr. Holland stated approving this request will help the
county.
Mr. Holland then made a motion, seconded by Mr. Warren, for
the Board to approve Case lOSN0205 and accept the amended
proffered condition.
Mr. Gecker stated the case has been changed from what was at
the Planning Commission to defer the sum that is in arrears
to a later date which will remove the zoning violation that
is on this property. He further stated if the next payment
is not made, any parcels that are not transferred to third
parties will be subject to the zoning default.
Mr. Gecker then called a vote on the motion of Mr. Holland,
seconded by Mr. warren, for the Board to approve Case
lOSN0205 and accept the following proffered condition:
The Applicant in this zoning case, pursuant to Section 15.2-
2298 of the Code of Virginia (1950 as amended) and the Zoning
Ordinance of Chesterfield County, for itself and its
successors or assigns, proffers that the development of the
property as identified in the application, and subject to the
conditions and provisions of Case No. 04SN0182 as may be
applicable, and further subject to the conditions and
provisions as set forth below; however, in the event the
request is denied or approved with conditions not agreed to
by the Applicant, the proffers and conditions set forth below
shall be immediately null and void and of no further force or
effect.
The following condition shall apply to all properties:
1. The Applicant hereby amends Proffered Condition 3e
as follows:
Transportation Contribution. The Applicant, its
successor, or its assigns (the "Applicant") has
recorded one subdivision plat and paid $476,100
(the "Previously Paid Amount") to Chesterfield
County. In addition, the Applicant shall pay to
10-323
04/28/10
Chesterfield County either: 1) prior to June 30,
2012, the sum of $400,000 and every twelve months
from the date of that payment thereafter shall pay
$400,000, until all the lots on the Property have
been recorded or until these cumulative payments
equal to $1,523,900,whichever occurs first; or 2)
prior to issuance of the initial building permit
within each recorded subdivision section, the sum
of $9,522, multiplied by the number of lots in that
subdivision section. The Applicant shall pay the
one of these two options that provides a greater
dollar amount to Chesterfield County each year. In
no event shall the total amount paid excluding the
Previously Paid Amount by the Applicant be less
than $1,523,900; however, the total amount paid
excluding the Previously Paid Amount shall not
exceed $1,523,900 until after the recordation of
the 160th lot (the "Number of Lots") on 'the
Property, which excludes the already recorded fifty
(50) lots. After the recordation of the Number of
Lots on the Property, the Applicant shall only pay
the sum of $9,522 prior to the issuance of each
building permit thereafter. The payments shall be
used for road improvements within Traffic Shed 17
or for road improvements that provide relief to
that Traffic Shed, as determined by the
Transportation Department. The payments could be
used towards road improvements such as the
reconstruction of Nash Road or an extension of Nash
Road from Beach Road to Iron Bridge Road (Route
10) .
This condition shall not apply to recorded lots on
the Property that are transferred to third-party
purchasers prior to the due date of any payment as
set forth above; provided however that such third
party purchaser(s) shall not be an owner or
contract purchaser of any remaining undeveloped
portion of the Property.
If, upon the mutual agreement of the Transportation
Department and the Applicant, the Applicant
constructs an extension of Nash Road from Beach
Road to Iron Bridge Road (Route 10), then the
Applicant shall receive a reduction in the payments
as set forth above in Proffered Condition 3(e). The
reduction shall be equal to the costs, as approved
by the Transportation Department, to the Applicant
in providing such road improvements. For the
purposes of this proffer, the costs shall include,
but not be limited to, the cost of right-of-way
acquisition, engineering costs, costs of relocating
utilities and actual costs of construction
(including labor, materials, and overhead)
("Work"). Before any Work is performed, the
Applicant shall receive prior written approval by
the Transportation Department for any reduction(s)
in payment(s). The Applicant agrees that H.374,
Acts of Assembly 2010, Chap.549, is not applicable
to this proffer because this cash proffer is based
on a per-lot standard.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
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Mr. Warren stated this is a great example of the county
working together with all parties involved to come to an
acceptable solution.
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Ms. Jaeckle stated the solution presented by the applicant
was an innovative way to solve some of the road problems and
the economic downturn affected the effectiveness of the
solution.
na~Nn~R~
In Midlothian Magisterial District, VICTORY LADY requests
Conditional Use and amendment of zoning district map to
permit a computer-controlled, variable message, electronic
sign 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. The density will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for general commercial use. Tax ID
749-709-1045.
Ms. Peterson presented a summary of Case 08SN0286, which was
deferred from the November 2009 Board meeting.
Mr. Brian Kilmar, the applicant's representative, provided
details of the background of the request. He requested the
Board approve the request.
Mr. Gecker called for public comment.
Mr. Paul Grasewicz, representing Surrywood Civic Association,
spoke in opposition to the request. He stated there is a
private/public partnership in place to improve the corridor
and approving this request will hinder those efforts.
Mr. Bob Olsen spoke in opposition to the request. He stated
the requested sign violates four parts of the county's sign
policy relative to height, size, color, and distance between
signs. He further stated electronic message signs are a
distraction to drivers.
Mr. Freddie Bouisseau stated the Board needs to address
electronic message signs because they are here to stay in the
county.
Mr. Kilmer stated the main distraction to drivers is cell
phones. He further stated the applicant is trying to promote
her business and relay important messages to the community.
There being no one else to address the request, the public
hearing was closed.
In response to Ms. Jaeckle's questions, Mr. Turner stated the
proposed sign site is below the road grade. He further
stated when the site lies below the road grade, the sign
height is measured from the road grade. He stated the
proposed sign would be above the height allowance for the
road grade.
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In response to Mr. Gecker's question, Mr. Kilmer stated the
landlord for the Victory Lady property has refused to lower
the height of the sign on the property.
In response to Mr. Holland's question, Mr. Gecker stated the
study mentioned was a national study done by the Small
Business Administration dealing with the effectiveness of
electronic message signs.
In response to Mr. Holland's question, Mr. Kilmer stated the
study was a national study which showed electronic signs
increased business for various types of businesses. He
further stated the feedback he has received from local
businesses which have installed electronic signs show a 15 to
20 percent increase in business.
In response to Ms. Jaeckle's question, Mr. Turner stated the
distance. required between electronic signs is 2,000 feet even
if the signs cannot be seen from one another.
Mr. Warren stated if the Board did approve the request other
businesses along the corridor could feel discriminated
against because they could not have an electronic sign. He
further stated advertising community events on the electronic
signs would be difficult because everyone would want their
message relayed. He stated the Board does not want to
promote the Las Vegas image in Chesterfield.
Ms. Jaeckle stated the messages on electronic signs are no
different than message boards, that the main difference is
the technology. She further stated instead of manually
changing the signs it is done electronically.
Mr. Holland stated technology is always evolving and that may
be a reason to wait on approving these requests.
Ms. Jaeckle stated the issue of electronic signs needs to be
studied and addressed by the Board.
Ms. Durfee stated there had been discussion of forming a
countywide committee to narrow down the criteria for the
electronic signs in the county. She further stated the Board
needs to decide at some point what will be appropriate for
the county.
Mr. Gecker stated there has been a tension between wanting
individual business owners to be able to advertise and
maintaining the look and feel of the Midlothian corridor. He
expressed appreciation to Mr. Kilmer and his client for their
professionalism throughout the entire process. He provided a
brief history of the request through the Planning Commission.
He stated the sign in this request does not comply with the
existing policy and the Board should not be approving ad hoc
exceptions to the policy. He further stated after the
deferral of this request, a Chairman Committee was formed of
representatives who have business interests along Midlothian
Turnpike to get feedback on what the look and feel should be
along the corridor. He stated everyone with an economic
stake on Midlothian Turnpike stated they did not want the
electronic signs to take away from what is trying to be
achieved with the service district recently imposed to
beautify the median. He further stated he does not see a
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compelling reason to make an exception to the policy for this
request.
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Mr. Gecker then made a motion, seconded by Mr. Holland, for
the Board to deny Case 08SN0286.
Ayes: Gecker, Holland, Warren, and Durfee.
Nays: Jaeckle.
lOSN0179
lOSN0179: In Dale Magisterial District, RICHMOND KICKERS
YOUTH SOCCER CLUB, INC. requests amendment of conditional use
planned development (Case 87SN0133) and amendment of zoning
district map to permit outdoor recreational facilities and
exceptions related to requirements relative to, but not
limited to, open space, height and setbacks in a Corporate
Office (O-2) District on 11.3 acres fronting 1450 feet on the
north and east lines of Ridgedale Parkway, 2000 feet off the
west line of Iron Bridge Road. Density will be controlled by
zoning conditions or ordinance standards. The Comprehensive
Plan suggests the property is appropriate for regional mixed
use. Tax IDs 774-689-9505 and 775-688-2293.
Mr. Clay presented the summary of Case lOSN0179 and stated
the Planning Commission recommended approval and acceptance
of the proffered conditions. He further stated staff
recommends approval subject to lighting concerns being
addressed.
Mr. Jeff Geiger; representing Richmond Kickers Youth .Soccer
Club, expressed appreciation to the staff of the county for
their assistance. He requested approval of the request.
Mr. Gecker 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 lOSN0179 and accepted the following conditions:
The property owners and applicant in this rezoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County,
for themselves and their successors or assigns, proffer that
the development of the property under consideration will be
developed according to the following proffer if, and only if,
the rezoning request submitted herewith is granted with only
those conditions agreed to by the owners and applicant. In
the event this request is denied or approved with conditions
not agreed to by the owners and applicant, the proffers shall
immediately be null and void and of no further force or
effect .
THE FOLLOWING CONDITIONS, IN ADDITION TO THE CONDITIONS OF
CASE NO. 87S133 AS AMENDED HEREIN, SHALL ONLY APPLY TO THE
DEVELOPMENT OF OUTDOOR RECREATIONAL FACILITIES INCLUDING, BUT
NOT LIMITED TO, A SOCCER COMPLEX, WHICH MAY INCLUDE A
STADIUM, A BUILDING(S) FOR OFFICE AND OTHER USES, PLAYING
FIELDS WHICH MAY BE ENCLOSED BY A BUBBLE-STYLE ENCLOSURE, AND
ACCESSORY AND RELATED USES (COLLECTIVELY, THE "FACILITIES")
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AS PERMITTED AND REGULATED PURSUANT TO THE AMENDED
CONDITIONAL USE PLANNED DEVELOPMENT (CUPD) REQUESTED
HEREWITH. TO THE EXTENT THE FACILITIES ARE NOT DEVELOPED, THE
CONDITIONS OF CASE NO. 87S133 SHALL CONTINUE TO APPLY.
1. Master Plan. The Textual Statement revised
November 15, 1988 and as further revised on -March
5, 2010, shall be considered the Master Plan.
(Note: this condition supersedes Board Imposed
Condition 1 of Case No. 87S133.) (P)
2. Deletion of Conditions. Board Imposed Conditions 9
and 20 of Case No. 87S133 are hereby deleted. (P)
3. Lighting. Outdoor lighting for playing fields and
the stadium, if any, shall be turned off at 11 p.m.
The foregoing shall not apply to outdoor lighting
for parking areas, if any. (P)
4. Electronic Changeable Copy Signs. Except for
scoreboards, any computer-controlled variable
message electronic signs, which are visible from
off the Property, shall be subject to the following
standards:
a. copy shall be limited to a maximum of two (2)
lines which shall not move, but may fade;
b. the message or display shall be programmed or
sequenced to change no more than once every
ten (10) seconds;
c. the copy display color shall either be red,
white, or yellow;
d. flashing and traveling messages shall be
prohibited; and
e. bijou lighting and animation effects shall be
prohibited. (P)
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
18. PUBLIC HEARINGS
18.A. TO CONSIDER PROPOSED ZONING AND SUBDIVISION ORDINANCE
AMENDMENTS RELATING TO LOT AREA AND DEVELOPMENT
STANDARDS IN AGRICULTURAL DISTRICTS AND SUBDIVISION
REQUIREMENTS
Ms. Beverly Rogers stated this date and time had been
advertised for the Board to consider proposed zoning and
subdivision amendments relating to lot area and development
standards in agricultural districts and subdivisionl,
requirements. ',
Mr. Gecker called for public comment.
Mr. Howard Nester, the President of the Chesterfield Farm
Bureau and the Vice Chairman of the Agricultural and Forestry'
Advisory Committee, stated over 7,000 parcels which total
over 139,000 acres are affected by the ordinance amendments.
He further stated the agricultural community has had very
little input on the ordinance change. He stated he received
numerous calls. from members of the Farm Bureau expressing
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concerns relative to the ordinance. He further stated a
special meeting of the Agricultural and Forestry Committee
was held on April 14th at the request of staff to hear
concerns with the ordinance amendments. He stated after the
meeting some changes were made to the amendments and the
sunset clause was added. He further stated the five-acre
parcel restriction is in conflict with the Virginia Right to
Farm Act. He stated the family subdivision portion of the
ordinance should be in a separate section. He expressed
concerns relative to how the ordinance will affect land use
taxation. He suggested the Board defer the ordinance
amendments to allow the agricultural community and Planning
staff to work together to come up with an acceptable
solution.
Mr. Andy Scherzer expressed concerns relative to the speed at
which the ordinance has been put forward. He stated it would
be appropriate to defer decision on the ordinance amendment
and allow more public input on it. He further stated a
disservice is being done to the citizens by pushing the
ordinance amendment forward so quickly.
Ms. Carrie Coyner, representing large landowners in the
county, stated the ordinance amendment will impact the
landowners' ability to preserve and protect the nature by
voluntarily using conservation easements. She further stated
larger landowners feel unrepresented in the Comprehensive
Plan process. She stated the landowners feel there are other
options the county should consider instead of saying there is
going to be no growth in the Southern and Western Plan area.
She expressed concerns relative to large family farms not
having the ability to divide for family members. She stated
it would make sense to defer the proposed ordinance
amendments and handle them in the complete overhaul of the
subdivision ordinance through the Comprehensive Plan process.
She further stated some of the calls she received were from
citizens who received the postcards and did not understand
them. She stated the county could do a better job of sending
out information in layman's terms so the citizens can
understand it easier.
Mr. Gecker .offered condolences to Mr. William Shewmake from
the Board.
consequences of it.
Mr. William Shewmake, a Midlothian District resident, stated
he represents a number of landowners who are concerned about
the process the county has used for the proposed ordinance
amendments. He further stated the county should have allowed
for more public input on the ordinance amendments. He stated
the ordinance amendments will affect the property rights of
thousands of citizens in the county without having the
dialogue needed. He further stated following the process of
allowing public input instills confidence in what the county
is doing. He stated if confidence is lost in the process it
will undermine the Comprehensive Plan. He further stated the
sunset clause was added to the ordinance amendments because
staff recognized the amendments were a rushed effort to
remove the perceived threat of tentative subdivisions being
submitted. He stated the majority of the tentative
subdivisions which have been filed are nowhere near being
approved. He recommended the Board defer the ordinance
amendments until there has been ample discussion about the
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Ms. Andrea Epps suggested the Board use the standards
required for R-88 zoning and for agricultural zoning also.
Mr. Buddy Haycox, a Chesterfield landowner, stated his family
has been paying taxes on their property for 68 years. He
further stated the location of his property is close to Route
288 and Midlothian and already has a sewer line at the rear
of it. He stated people would want to live in this area due
to the proximity of Route 288 and the ease of getting to
Innsbrook. He suggested the Board send the ordinance
amendments back to the Planning Commission to allow time to
come up with a solution that is acceptable to the citizens.
Mr. John Wood, representing a landowner, stated the majority
of the landowners feel this is a move on the part of
Chesterfield County to restrict the property rights of
landowners in the Matoaca District. He further stated there
may be unintended consequences of adopting the ordinance
amendments. He stated the ordinance amendments are perceived
as an anti-growth measure which is being imposed on a
relatively small number of citizens. He expressed concerns
relative to the lot size requirement and the road
restrictions which are in the proposed ordinance amendments.
He requested the Board to send the amendments back to the
Planning Commission to allow the opportunity to come up with
a more responsible and comprehensive way of dealing with
agricultural property. He stated the current ordinance is
not broken and does not need to be fixed.
Ms. Kitty Snow, a Matoaca District resident, spoke in support
of the proposed ordinance amendments. She stated the
ordinance amendments will protect the citizens from dangerous
overbuilding while the roads, the schools and emergency
medical services cannot support it.
Mr. Jerry Jernigan, a Matoaca District resident, spoke in
support of the proposed ordinance amendments. He stated in
1988, hundreds of citizens participated in the process for
the subdivision ordinance.. He further stated the proposed
ordinance amendments will restore the citizens' wishes which
were adopted in the ordinance.
Ms. Barbara Jernigan, a Matoaca District resident, spoke in
support of the proposed ordinance amendments. She stated the
proposed changes will reinstate the citizens' wishes during
the adoption of the Southern Area Land Use Plan's goals and
ordinances affecting agricultural districts.
Mr. Peter Martin, a Matoaca District resident, spoke in
support of the proposed ordinance amendments as they are
written. He stated the ordinance amendments will support
orderly growth. He further stated there are inadequate
roads, poor response times from emergency medical service and
no schools or libraries to support additional growth. He
stated if the amendments are not adopted, the citizens will
be paying for it due to the lack of infrastructure. He spoke
in support of the sunset clause being included in the
ordinance amendments.
Mr. Brian Hughes, a landowner on Cattail Road, spoke in
opposition to the ordinance amendments. He stated he is
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unable to build on his property due to the 300-foot road
frontage requirement.
u
Mr. Ricky Ketchum, a landowner on woods Edge Road, spoke in
opposition to the proposed ordinance amendments.
Mr. Freddie Bouisseau suggested the Board include the sunset
clause in the ordinance amendment until 2012 to allow more
time to come up with an acceptable solution.
There being no one else to address the request, the public
hearing was closed.
Discussion ensued relative to the tax assessments on the
properties on which tentative subdivisions have been filed.
In response to Mr. Gecker's question, Mr. Davis stated if the
property becomes a subdivision, it would be assessed as a
subdivision and not agricultural land.
Mr. Gecker stated the proposed ordinance is fair because it
does not take away anything from the property owners which
they had prior to the court decision. He further stated the
county is trying to get thoughtful answers, not quick
answers. He stated 22 years ago a policy decision was made
for agricultural properties which was put into the
subdivision ordinance as opposed to the zoning ordinance. He
further stated the court did not rule that the county was
violating zoning rights, but that matters of minimum lot size
ought to be handled in the zoning ordinance and not the
subdivision ordinance. He stated after the court ruling the
county basically has no rules with regard to minimum lot size
in agricultural districts. He further stated it is fair to
return the rules that everybody was familiar with. He stated
in his time as a Planning Commission and a Board of
Supervisor member he never had a citizen request the 5-acre
minimum be revised in the subdivision ordinance. He further
stated the court decision does not mean there was a great
push by the citizens for a policy change. He stated last
year the Board hired a consultant to do a fundamental rewrite
of the Comprehensive Plan. He further stated development of
the southern and western parts of the county are hot topics
for the Comprehensive Plan Steering Committee. He stated
deciding whether there is going to be a policy change to the
5-acre minimum is something best left to the deliberative
process of the Comprehensive Plan rewrite. He further stated
deferral of the ordinance amendments will continue the ad hoc
nature of discussion in the county. He stated he does not
agree with the Planning Commission's recommendation of the
sunset provision due to the discussions which will be taking
place in the Comprehensive Plan Steering Committee. He
further stated adoption of the ordinance will not take
anything away from the citizens, but will simply restore the
rules as they were prior to the Supreme Court decision.
Mr. Gecker then made a motion, seconded by Mr. Holland, for
the Board to adopt the proposed zoning and subdivision
ordinance amendments relating to lot area and development
standards in agricultural districts and subdivision
requirements.
In response to Ms. Jaeckle's question, Mr. Turner stated
there has not been a problem with the road frontage issue for
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family lots. He further stated if there is a desire to
create family lots off of the public road, an application can
be made to the Board of Zoning Appeals for a variance for no
public road frontage.
In response to Mr. Gecker's question, Mr. Turner stated the
family subdivision process was reviewed within the last 10
years.
Mr. Holland stated the county has not been rushed to push
through an ordinance amendment. He further stated a
significant number of applications has been filed since the
Supreme Court ruling.
In response to Ms. Jaeckle's question, Mr. Gecker stated
there is a timeframe for tentative subdivisions to be dealt
with by the county and if they are not handled they could be
built without any development standards.
Ms. Durfee stated a lot of the tentative subdivisions are
located in the Matoaca District because of the large amount
of open land available. She further stated the Board must
address the ruling from the Supreme Court. She stated it is
interesting to hear the statements made at the meeting
regarding potentially violating property rights and that
there will be no growth. She further stated localities in
Virginia are able to have some predictability in growth
through the Comprehensive Plan. She stated going through the
revision of the county's Comprehensive Plan allows for a
better understanding of land use in the county. She further
stated the Board must make the best decision to address the
Supreme Court ruling for the county. She expressed
appreciation to everyone for attending the meeting.
Mr. Warren stated none of the properties shown on the map are
located in the Clover Hill District. He further stated he
hopes the suggestions mentioned during the public hearing
will be addressed during the Comprehensive Plan process. He
requested the County Administrator to answer the questions
presented to the Board. He stated approval of the ordinance
amendments does not take away any rights of the citizens.
Mr. Gecker called for a vote on his motion, seconded by Mr.
Holland, for the Board to adopt the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF
CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING
SECTIONS 17-2 &17-32 OF THE SUBDIVISION ORDINANCE AND 19-128
OF THE ZONING ORDINANCE, DELETING SECTION 17-36 AND ADDING
SECTIONS 19-500.1 & 19-500.2 RELATING TO SUBDIVISION
DEFINITIONS AND PROCEDURE, LOT SIZE AND DEVELOPMENT STANDARDS
FOR AGRICULTURAL DISTRICTS, STANDARDS FOR THE CREATION OR
EXTENTION OF STREETS IN AGRICULTURAL DISTRICTS AND STREET
FRONTAGE REQUIREMENTS FOR RESIDENTIAL USES IN R, R-TH AND MH-
2 DISTRICTS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 17-2, 17-32, and 19-128 of the Code of the
County of Chesterfield, 1997, as amended, are amended and re-
enacted, Section 17-36 is deleted and Sections 19-500.1 and
19-500.2 of the Code are added to read as follows:
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Chapter 17
0 0 0
Sec. 17-2. Definitions.
0 0 0
^~
Subdivision: The division of any parcel of land in A, R, R-
TH or MH-2 Districts for residential use into two or more
lots, or any division within these districts for residential
use which creates or extends a street.
0 0 0
Subdivision, residential parcel:
0 0 0
Family subdivisions shall comply with the following
requirements:
0 0 0
(vi) Lots created by a family subdivision shall be
exempt from the requirements of section 19-551(a)
and have a minimum lot area and width as required
by the zoning district in which the lot is located
provided however that such lots shall have road
frontage of not less than 15 feet.
0 0 0
Sec. 17-32. Procedure for lot subdivision approval.
(a) Following is a summary of the approval procedure for
subdivisions.
0 0 0
( 8 ) Changes to a record plat may be made by submitting
an amended or resubdivision plat in accordance with
sections 17-35.
0 0 0
Sec. 17-36. Reserved
Chapter 19
0 0 0
^ik
Sec. 19-128. Required conditions.
The conditions specified in this section shall be met in the
A District.
0 0 0
(f) Required lot area. Each single family dwelling,
permanent manufactured home and temporary manufactured
home, together with accessory structures, hereafter
erected shall be located on a lot having an area of not
less than 5 acres and a lot width of not less than 150
feet and road frontage of not less than 300 feet, or 250
feet if a legally established access is shared by no
more than two lots within the area of required frontage.
In this instance, the required minimum road frontage
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width shall be maintained for a depth required to create
a 5 acre lot or in an arrangement approved by the
director of planning after determining that the
configuration is appropriate based upon limitations
imposed by the lot shape or environmental features.
All other permitted structures, together with accessory
structures, hereafter erected shall be located on a lot
having an area of not less than 43,560 square feet and a
lot width of not less than 150 feet.
(g) Exemptions.
(i) The requirements of this section shall not apply to
any lot of record created prior to May 26, 1988.
Lots exempted by this subsection shall comply with
the requirements of section 19-84, except that each
lot shall have a f ront yard having a depth of not
less than 100 feet.
(ii) The front, side, corner and rear yard requirements
of this section shall not apply when a variance has
been granted authorizing a dwelling on a lot
without public road frontage or when the existing
dwelling was constructed on a lot without public
road frontage prior to the April 28, 1976,
requirement for public road frontage. Lots exempted
by this subsection shall comply with the front,
side, corner and rear yard requirements of section
19-84.
(iii)The minimum lot area and lot width requirements of
this section shall not apply to any .lot which is
created as a family subdivision pursuant to Chapter
17. Lots created by a family subdivision shall be
exempt from the requirements of section 19-551(a),
have a minimum lot area of 43,560 square feet, a
lot width of not less than 150 feet, and road
frontage of not less than 15 feet.
(iv) The requirements of this section shall not apply to
any lot of record created between May 27, 1988 and
February 27, 2001. Lots exempted by this
subsection shall comply with a lot area of not less
than 1 acre and a lot width of not less than 150
feet.
(v) Any addition to a primary structure shall be set
back from the ultimate right-of-way at least the
same distance as the primary structure or the
required front yard setback whichever is less. In
the event that the primary structure is set back
less than 40 feet from the ultimate right-of-way,
then the addition shall be required to be set back
at least 40 feet from the ultimate right-of-way.
0 0 0
Sec. 19-500.1. Creation or extension of a street.
In an Agricultural (A) District, the creation or the
extension of a street shall be prohibited unless such street
or extension is for the sole purpose of providing access to
non-residential development, as allowed by Section 19-124
(a) .
Sec. 19-500.2. Lot street frontage.
Lots in R, R-TH or MH-2 Districts created for
residential purposes after April 28, 2010 which are less than
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5 acres, except for family subdivisions pursuant to Chapter
17, shall not front arterial, collector or limited access
streets unless approved pursuant to Chapter 17 or pursuant to
a development standard modification of this Chapter.
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(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
18.B. TO APPROVE THE PURCHASE OF RIGHT OF WAY FOR THE
INTERSTATE 295 MEADOWVILLE ROAD INTERCHANGE PROJECT
AND CONSIDER THE EXERCISE OF EMINENT DOMAIN IF ALL
PARCELS ARE NOT OBTAINED
Mr. Dupler stated this date and time had been advertised for
the Board to consider the purchase of right of way for the
Interstate 295/Meadowville Road Interchange Project and
consider the exercise of eminent domain if all parcels are
not obtained.
Mr. Gecker 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 the purchase of right of way for the Interstate
295/Meadowville Road Interchange Project and authorized the
County Attorney to proceed with eminent domain, including
authorization to enter and take the following property prior
to eminent domain proceedings, if all parcels are not
obtained: Merit Medical Systems, Inc., 12701 Kingston
Avenue, PIN: 819655585400000, and Meadowville Associates II,
LLC, 621 Meadowville Road, PIN: 819655015800000.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
21. ADJOURNMENT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adjourned at 9:18 p.m. to May 26, 2010 at 3:00 p.m. in the
public meeting room.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
Ja es J. tegmai
C unty A ministrator
Daniel A. Gecker
Chairman
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