2010-11-17 MinutesBOARD OF SUPERVISORS
MINUTES
November 17, 2010
Supervisors in Attendance:
Mr. Daniel A. Gecker, Chairman
Mr. James M. Holland, Vice Chrm.
Ms. Dorothy A. Jaeckle
Mr. Arthur S. Warren
Ms. Marleen K. Durfee
Mr. James J. L. Stegmaier
County Administrator
Staff in Attendance:
Mr. Mike Bacile, Dir.,
Purchasing
Dr. Sheryl Bailey, Dep.
County Administrator,
Management Services
Ms. Janice Blakley,
Clerk to the Board
Ms. Patsy Brown, Dir.,
Accounting
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. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Jonathan Davis, Dir.,
Real Estate Assessments
Mr. Will Davis, Dir.,
Economic Development
Mr. William Dupler, Interim
Dep. Co. Administrator,
Community Development
Colonel Thierry Dupuis,
Police Department
Mr. Robert Eanes, Asst. to
the County Administrator
Mr. Michael Golden, Dir.,
Parks and Recreation
Deputy Chief Jim Graham,
Fire Department
Mr. John W. Harmon,
Real Property Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Joe Horbal,
Commissioner of Revenue
Dr. Parham Jaberi, Dir.,
Health Department
Mr. Rob Key, Director,
General Services
Mr. Louis Lassiter, Dir.,
Internal Audit
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Mr. Mike Mabe, Director,
Libraries
Ms. Mary Martin Selby,
Dir., Human Resource
Services
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Jeffrey L. Mincks,
County Attorney
Ms. Chris Ruth, Asst. Dir.,
Public Affairs
Ms. Sarah Snead, Dep.
County Administrator,
Human Services
Richard Troshak, Dir.,
Emergency Communications
Mr. Kirk Turner, Dir.,
Planning
Mr. Scott Zaremba, Dir.,
Human Resource Programs
Mr. Gecker called the regularly scheduled meeting to order at
3:02 p.m.
1. APPROVAL OF MINUTES
A. OCTOBER 27, 2010 REGULAR MEETING
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
approved the minutes of October 27, 2010, as submitted.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
1.B AMENDMENT TO BOARD MINUTES OF JULY 28, 2010
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
amended the minutes of July 28, 2010 (page 10-473) to
correct a route number as follows:
Project/Subdivision: Townhomes at Harbour Pointe
Type Change to the Secondary System of State Highways:
Addition
Reason for Change: New Subdivision Street
Pursuant to Code of Virginia Statute: §33.1-229
Street Name and/or Route Number
• Bayside Lane, State Route Number 4.7$} 4703
From: 0.13 miles north of Hull Street Rd., (Rt. 360)
To: Baycraft Tr., (Rt. 7508), a distance of: 0.03
miles.
Recordation Reference: Pb. 165, Pg. 92
Right of Way width (feet) = var
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Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
2.
2.A.
COUNTY ADMINISTRATOR'S COMMENTS
COUNTY ADMINISTRATOR'S REPORT
Mr. Stegmaier announced that effective October 25, 2010, Dr.
Parham Jaberi has been appointed as the Health Director for
the Chesterfield Health District. He stated Dr. Jaberi has
initiated a number of innovative community partnerships
addressing such diverse topics as access to care and mental
health services. He expressed appreciation to Dr. Avula for
his service as Acting Health Director, as well.
Dr. Jaberi expressed appreciation to the Board and stated he
was proud to be a part of the Chesterfield County team. He
further stated he has experience in emergency preparedness
and hopes to bring some lessons learned in that area of
expertise.
Mr. Stegmaier announced that the Meadowville Interchange
groundbreaking was a successful event and a significant day
for the county. He expressed appreciation to everyone who was
involved with the groundbreaking.
Mr. George Hayes, Assistant Director of Utilities, updated
the Board on the status of the hydrilla in the Swift Creek
Reservoir. He stated the plan was to evaluate the grass carp
growth and survival after the first year and compare with
hydrilla reduction over the first two to three years to
determine if additional stocking is warranted. In closing, he
stated the grass carp have had a positive impact on the
control of hydrilla in the Swift Creek Reservoir.
In response to Mr. Warren's questions, Mr. Hayes stated there
has been no die off of the carp. He further stated the grass
carp were the first choice for a long-term solution to make
sure the reservoir is a viable water source for the county.
In response to Ms. Durfee's question, Mr. Hayes stated the
grass carp are growing at a fast rate. He further stated the
warm summer was ideal for the growth of the hydrilla. He
stated the two main drivers of the hydrilla are warm weather
and sunlight.
Ms. Durfee expressed her appreciation for the hydrilla
presentation.
In response to Mr. Holland's question, Mr. Hayes stated the
carp are tripold and an invasive species.
2.B.
REPORT
PRESENTATION OF FY2010 COMPREHENSIVE ANNUAL FINANCIAL
Mr. Stegmaier introduced Mr. Rob Churchman, engagement
partner from KPMG, LLP.
Mr. Churchman presented the county's FY2010 Comprehensive
Annual Financial Report to the Board. He stated KPMG has
issued a clean audit opinion on Chesterfield County's CAFR,
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(Comprehensive Annual Financial Report) meaning the CAFR is
materially correct. He expressed his appreciation to the
staff for their hard work.
Mr. Gecker thanked Mr. Churchman for his efforts in the
auditing process. He also commended staff involved in the
audit process for outstanding performance.
Mr. Holland expressed appreciation to KPMG and the Accounting
Department for an excellent report.
Mr. Stegmaier thanked Mr. Churchman for his efforts in the
auditing process. He also commended staff and Board members
involved in the audit process for outstanding performance
that has helped make Chesterfield County an outstanding
example of financial management in local government.
3. BOARD MEMBER REPORTS
Ms. Durfee stated she held a community meeting on the Genito
Bridge Project and expressed appreciation to VDOT and county
Transportation for their support. She stated VDOT is still
compiling input from the meeting.
Mr. Warren stated he briefed the Lifelong Learning Institute
on county activities. He stated he also attended a
Chesterfield Senior Center activity and met with some members
of the Committee of the Future. He further stated he will
hold a constituents' meeting at Manchester Middle School on
December 6th. He further stated he recently spoke to the
Chesterfield Business Council, focusing on accomplishments in
the last three years.
Mr. Holland stated he met with the Meadowbrook Area Community
Council and discussed economic issues in the Dale District
and Chesterfield County. He further stated he will hold a
constituents' meeting at Meadowbrook High School on November
29th.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
There were no requests at this time.
5. RESOLUTIONS
5.A. RECOGNIZING THE 2010 SENIOR VOLUNTEER HALL OF FAME
INDUCTEES
Ms. Leidheiser introduced the inductees, who were all present
to receive the resolution.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, volunteering is a powerful force for the
solution of human problems and the creative use of human
resources is essential to a healthy, productive and humane
society; and
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WHEREAS, our nation's heritage is based on citizen
involvement and citizen participation, and volunteerism is of
enormous benefit in building a better community and a better
sense of one's own well being; and
WHEREAS, the active involvement of citizens is needed
today more than ever to combat growing human and social
problems, to renew our belief that these problems can be
solved, and to strengthen our sense of community; and
WHEREAS, volunteering offers all, young and old, the
opportunity to participate in the life of their community and
to link their talents and resources to address some of the
major issues facing our counties, such as education, hunger,
youth, and our elderly; and
WHEREAS, many agencies that benefit from volunteers
should show their appreciation and recognition to the
numerous volunteers who possess skills and talents which they
generously and enthusiastically apply to a variety of
community tasks and encourage others to participate in
programs as volunteers; and
WHEREAS, twenty-two adults in Chesterfield age 65-plus
have donated 89,480 hours of volunteer service since they
have attained the age of 65.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 17th day of November 2010,
publicly recognizes Ms. Elizabeth S. Gayle, Mr. D. Paige
Pierce and Mr. Malcolm E. Spicer who were inducted into the
Chesterfield Senior Volunteer Hall of Fame on October 28,
2010, and expresses appreciation to these dedicated
volunteers who contribute immeasurably to various programs
throughout the area to strengthen our county and build
bridges to the future.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
Mr. Gecker and Mr. Warren presented the executed resolutions
to Ms. Gayle, Mr. Pierce and Mr. Spicer and commended the
inductees on their accomplishments.
Mr. Stegmaier expressed appreciation to the inductees for
their volunteer work.
Each inductee stated their name and recognized their family
members.
6. WORK SESSIONS
There were no Work Sessions scheduled at this time.
7. DEFERRED ITEMS
7.A.
REPORT ON FY2010 RESULTS OF OPERATIONS
Mr. Carmody presented the report on FY2010 results of
operations. He noted this item was deferred from the last
Board meeting to gather input from the citizens. He stated
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that input came in a variety of ways since the last meeting,
through emails, phone calls, in letters and constituent
meetings. He further stated the time was spent analyzing the
report based on that feedback. He stated under the Board's
direction the performance based payment would be a one-time
payment tied to the satisfactory performance of an
individual's execution of their duties. He stated this
excluded new hires who have been employed with the county for
the past year. He further stated the Citizen's Budget
Advisory Committee shared their general thoughts and provided
good insight on the capital expenditures portion of the
report, pointing out the need to focus on investments, and
was generally supportive of the performance recognition
component.
In response to Ms. Jaeckle's question, Mr. Carmody stated the
county's evaluation process for its employees has five levels
of performance. He further stated satisfactory would be in
the upper three options that are available to the supervisor
that would qualify for satisfactory performance. He stated
employees are aware of their expectations by their supervisor
and that is what they are evaluated on, on a yearly basis.
In response to Ms. Jaeckle's question regarding differences
in merit, Mr. Carmody stated that was not the proposal and
everyone getting a satisfactory and above performance
evaluation would be awarded the performance payment.
Mr. Holland expressed appreciation to Mr. Carmody and staff
for an outstanding job with the report. He stated the
recommendation is one that is measured, appropriate and
reasonable. He further stated employees have .done an
outstanding job.
Ms. Durfee expressed her appreciation to Mr. Carmody, staff
and the Citizen's Budget Advisory Committee. She stated in
regards to the surplus, the Board needs to take into
consideration the recommendations and Budget and Audit's
work. She further stated the Board has done a thorough job of
listening to the citizen feedback, as well as clarifying any
issues that citizens may have had. She stated she is very
comfortable with the report.
Mr. Warren expressed appreciation to the Board and to staff
for agreeing to defer this item from the last meeting because
it gave the Board a chance to listen to the citizens. He
stated he received a lot of e-mails and phone calls. He
further stated the majority of people he spoke with favored
the performance-based approach as opposed to an automatic 3
percent. He stated in regards to the satisfactory merit, it
would be very difficult to differentiate. He further stated
his support for the proposal as presented by staff.
Ms. Jaeckle stated she was under the impression that the
performance based component was differentiated between
satisfactory and excellence. She further stated she believes
pay is an excellent incentive to get people to meet their
performance goals. She stated she is not opposed to giving an
increase to the employees; however, she would like to see a
difference based on the rating system.
Mr. Gecker stated the vast majority of the surplus is going
towards future periods, $9.5 million is going back to the
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school division,
the county budge
further stated
targeted by th
recognition for
years the numbe
however, the sam
people. He fur
management point
the employee base in
work. He noted 'in his
complaints regarding
a county employee.
riate from a
time payment to
recognition of fewer people doing more
time in office, he has heard very few
~ transaction between a constituent and
Mr. Holland expressed appreciation to the citizens for
providing input.
Ms. Jaeckle stated she supports the increase to employees,
but does not support the proposed approach.
On motion of Mr.
set aside $19.8
$9.5 million for
provide protectio
seconded by Mr. Warren, the Board
($10.3 million for county use and
use) for revenue stabilization to
further service level reductions.
And further, the Board appropriated $150,000 to eliminate the
$5 youth sports fee in FY2012; $3.25 million for one-time
equipment/capital purchases and certain capital improvement
projects; $100,000 for community organization and other
contracts that ,improve the overall quality of life and well-
being for county citizens; and $4.75 million to fund a one-
time, performance based recognition payment for eligible
county employees.
And, further, t
balance not be
recommendation
forward with the
and $10.3 million is being ro
t that will be rebated to th
the remaining $4.75 million
e administration for some
county employees. He stated i
r of positions has been r
e service level is being oper
ther stated it seems approp
of view to provide this one-
Holland,
million
SCYlOO1S ~
n against
e Board directed that
reduced from current
financial polic
h
e taxpayers. He
educed by 300;
lled forward in
is correctly
one-time merit
n the last two
ated with fewer
the undesignated fund
levels, and that a
y change be brought
budget.
Ayes: Decker, Holland, Warren, and Durfee.
Nays: Jaeckle.
8. NEW BUSINESS
A. CONSENT ITEMS
1. ADOPTION OF RESOLUTIONS
8.A.i.a. RECOGNIZING MS. MARCHIA CLARKE, INFORMATION SYSTEMS
TECHNOLOGY DEPARTMENT, UPON HER RETIREMENT
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Ms. Marchia Clarke will retire from the
Chesterfield County Information Systems Technology Department
on December 1, 2010 after providing 27 years of quality
service to the citizens of Chesterfield County; and
WHEREAS, Ms.
the capacity of
Information Systems
Clarke nas
productio
Technolog
faithfully served the county in
n services operator for the
y Department; and
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for a
FY2012
WHEREAS, Ms. Clarke is the first African-American woman
hired for full-time employment by the Information Systems
Technology Department and henceforth is the first African-
American to retire from Chesterfield County IST; and
WHEREAS, Ms. Clarke has performed her- job expectations,
communicated effectively, connected with mentors, and built
positive relationships with managers and her colleagues; and
WHEREAS, Ms. Clarke served on the first Quality Council
Team, which was formed in June 1994; and
WHEREAS, Ms. Clarke encouraged fire-safety awareness
through her support rendered during fire training exercises
for the department; and
WHEREAS, Ms. Clarke has received many accolades over the
years for her teamwork, cooperation and customer service
skills; and
WHEREAS, Ms. Clarke was a member of the Multiple Virtual
Storage Team, and played a vital role during computer room
equipment and software upgrades; and
WHEREAS, Ms. Clarke has provided backup support for help
desk staff, showing her willingness to assist whenever
requested; and
WHEREAS, Ms. Clarke has shared her knowledge and skills
to provide computer room support for a 24-7 operation and
worked multiple shifts and weekends as necessary; and
WHEREAS, Ms. Clarke graduated from Chesterfield County's
Quality System program, which enabled her to provide
invaluable support to internal and external staff, vendors
and visitors; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Ms. Clarke's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Ms. Marchia Clarke and
extends on behalf of its members and the citizens of
Chesterfield County, appreciation for her service to the
county, congratulations upon her retirement, and best wishes
for a long and happy retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Ms. Clarke, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.A.l.b. RECOGNIZING LIEUTENANT CALVIN H. HYPES, JR., FIRE
AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS
RETIREMENT
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
adopted the following resolution:
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WHEREAS, Lieutenant Calvin H. Hypes, Jr. retired from
the Chesterfield Fire and Emergency Medical Services
Department, Chesterfield County, on November 1, 2010; and
WHEREAS, Lieutenant Hypes served as a volunteer
firefighter with the Chester Volunteer Fire Company, and was
selected as the Volunteer Firefighter of the Year for 1977;
and
WHEREAS, Lieutenant Hypes attended Recruit School #16 in
1985 and has faithfully served the county for 25 years;
approximately 11 years as a firefighter at the Buford,
Matoaca, Chester, Dutch Gap and Airport Fire and EMS
Stations; and
WHEREAS, after being promoted to the rank of lieutenant
in March of 1996, he served as an officer at the Manchester,
Chester, Dutch Gap and Ettrick Fire and EMS Stations, as well
as in the Fire and Life Safety Division; and
WHEREAS, Lieutenant Hypes served in other various
organizational roles such as the Public Information Officer,
an alternate Administrative Officer, an alternate Tactical
Safety Officer, a member of the Hazardous Incident Team, a
member of the Technical Rescue Team, and as one of the Fire
and EMS Chaplains; and
WHEREAS, Lieutenant Hypes was a graduating member of the
department's first cardiac technician course in 1987; and
WHEREAS, Lieutenant Hypes was recognized in 1991 with an
academic excellence award for his completion of the National
Registry Paramedic curriculum; and
WHEREAS, Lieutenant Hypes was recognized with Emergency
Medical Services Awards for his role in saving the lives of
three citizens in April of 1987, 1992 and February of 2002,
which were all cardiac-related problems; and
WHEREAS, Lieutenant Hypes was recognized with an EMS
Unit Citation and EMS Lifesave Award for his action in
February of 2002, when a citizen's life was saved after a
severe allergic reaction; and
WHEREAS, Lieutenant Hypes was selected and awarded the
Outstanding Career Firefighter of the Year for 1995; and
WHEREAS, Lieutenant Hypes was recognized in October 2004
with a Special Chief's award for contributing weekly articles
related to fire and life safety to the Chester Village News;
and
WHERAS, Lieutenant Hypes served as a dedicated fire and
EMS instructor and trained disciplines such as Emergency
Medical Technician, CPR, Basic Trauma Life Support, Pre-
Hospital Trauma Life Support, Advanced Life Support
preceptor, Motor Pump Operator, and Emergency Vehicle
Operator Course; and
WHERAS, Lieutenant Hypes played an important role in
educating the public by producing a video entitled "Bridging
the Gap between Lifeguards and EMS," led the transition of
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the fourth grade fire and EMS safety program from coloring
books to computer delivery, and served as a department
representative for the "Teach a Kid to Fish" program with the
Parks and Recreation Department; and
WHEREAS, Lieutenant Hypes served on various committees
and workgroups, such as the Juvenile Firesetter Team, and the
Nitrous Oxide and Personal Protective Equipment Workgroups.
NOW, THEREFORE,
County Board of Supe
Lieutenant Calvin H.
of all residents for
appreciation for his
upon his retirement.
BE IT RESOLVED that the Chesterfield
rvisors recognizes the contributions of
Hypes, Jr., expresses the appreciation
his service to the county, and extends
dedicated service and congratulations
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.A.l.c. RECOGNIZING THE OUTSTANDING ACCOMPLISHMENTS OF MS.
MARGOT JAMES COPELAND
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, The Links, Incorporated, was founded in 1946
and is one of the oldest and largest volunteer service
organizations of women who are committed to enriching and
ensuring the culture and economic survival of African
Americans and other individuals of African ancestry; and
WHEREAS, more than 12,000 women serve in 273 chapters in
42 states, the District of Columbia and the Commonwealth of
the Bahamas; and
WHEREAS, the organization's philanthropic arm, The Links
Foundation, Incorporated, has contributed more than $24
million to charitable causes since its founding; and
WHEREAS, Links members have contributed 1.2 million hours
of volunteer services between 2006 and 2008, assisting
communities across the country and in developing countries in
Africa; and
WHEREAS, the greater Richmond and Petersburg areas boast
four chapters of The Links, including the Richmond Chapter,
the Virginia Commonwealth Chapter, the James River Chapter,
and the Petersburg Chapter; and
WHEREAS, in July 2010, Margot James Copeland, a former
resident of Chesterfield County and a distinguished graduate
of Matoaca High School, went on to become a graduate of
Hampton University with a degree in Physics, as well as a
graduate of Ohio State University with a master of arts
degree; and
WHEREAS, Ms. Copeland has had a distinguished
professional career and currently serves as executive vice
president of KeyBank, and chair, KeyBank Foundation in
Cleveland, Ohio; and
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WHEREAS, following in the footsteps of her mother who was
a member of the Petersburg, Virginia chapter, Ms. Copeland
joined Linkdom, and in recognition of her unique talents and
skills, in 2010 she was elected as national president of The
Links, Incorporated; and
WHEREAS, Ms. Copeland will be honored by The Links,
Incorporated on November 20, 2010 at 12:30 p.m. at the
Marriott Hotel in Richmond, Virginia; and
WHEREAS, Ms. Copeland's election as national president
of The Links, Incorporated, reflects highly on her and on
Chesterfield County, where she resided and was educated; and
WHEREAS, Chesterfield County is proud to call Ms.
Copeland its own; and
WHEREAS, it is appropriate to recognize Ms. Copeland's
many achievements and her election to this most recent
prestigious position.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Ms. Margot James
Copeland, congratulates her on her election as national
president of The Links, Incorporated, and extends best wishes
for continued success.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.A.l.d.
ATTAINING THE RANK OF EAGLE SCOUT
RECOGNIZING MR. BENJAMIN THOMAS CARSON UPON
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law, Mr. Benjamin Thomas
Larson, Troop 1891, sponsored by Bon Air United Methodist
Church, has accomplished those high standards of commitment
and has 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 his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Ben has distinguished himself as a member of a new
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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 hereby extends its
congratulations to Mr. Benjamin Thomas Larson and
acknowledges the good fortune of the county to have such an
outstanding young man as its citizen.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
2. SET DATES FOR PUBLIC HEARINGS
8.A.2.a. TO CONSIDER TAX EXEMPTION REQUESTS
8.A.2.a.1. FOR THE EPPINGTON FOUNDATION
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
set December 15, 2010 as the date for a public hearing to
consider the real estate tax exemption request of the
Eppingtion Foundation.
Ayes: Gecker, Holland, Jaeckle, warren, and Durfee.
Nays: None.
8.A.2.a.2. FOR THE SALVATION ARMY
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
set December 15, 2010 as the date for a public hearing to
consider the real estate tax exemption request of the
Salvation Army.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.A.2.a.3. FOR GOODWILL INDUSTRIES OF CENTRAL VIRGINIA,
INCORPORATED
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
set December 15, 2010 as the date for a public hearing to
consider the real estate tax exemption request of Goodwill
Industries of Central Virginia, Inc.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.A.2.a.4. FOR VSGA FOUNDATION, INCORPORATED
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
set December 15, 2010 as the date for a public hearing to
consider the real estate tax exemption request of VSGA
Foundation, Inc.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
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8.A.2.a.5. FOR RICHMOND KICKERS YOUTH SOCCER CLUB,
INCORPORATED
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
set December 15, 2010 as the date for a public hearing to
consider the tax exemption requests of Richmond Kickers Youth
Soccer Club, Inc.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.a.2.a.6. FOR THE CULTURAL CENTER OF INDIA
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
set December 15, 2010 as the date for a public hearing to
consider the tax exemption request of the Cultural Center of
India.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.A.2.b.
TO ACCESSORY BUILDING SIZES AND SETBACKS IN
RESIDENTIAL AND CERTAIN MANUFACTURED OR MOBILE
HOME PARK (MH) DISTRICTS
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
set December 15, 2010 as a public hearing date to consider
amendments to the County Code relating to accessory building
sizes and setbacks in residential and certain manufactured or
mobile home park (MH) districts.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.A.2.c. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATING
TO PARCEL SUBDIVISIONS NOT INTENDED FOR RESIDENTIAL
USE
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
set December 15, 2010 as a public hearing date to consider an
amendment to the County Code relating to parcel subdivisions
not intended for residential use.
Ayes:
Nays:
8.A.3.
8.A.3.a
TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATING
AWARD OF CONSTRUCTION CONTRACTS
TO UNITED GENERAL CONTRACTORS FOR RENOVATIONS TO THE
TWO- AND THREE-STORY ADMINISTRATION BUILDINGS
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
authorized the County Administrator to execute a construction
contract with United General Contractors, in the amount of
$1,467,000 for the renovations of the two-and three-story
administration buildings including replacement of the
exterior curtain wall and upgrades to the HVAC system.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
10-708
Gecker, Holland, Jaeckle, Warren, and Durfee.
None.
11/17/10
Nays: None.
8.A.3.b. TO LANDMARK STRUCTURES FOR THE COSBY WATER STORAGE
TANK PROJECT
On motion of Ms. Jaeckle, seconded by Mr. Holland,. the Board
approved the construction contract with Landmark Structures
in the amount of $3,297,000.00 and authorized the County
Administrator to execute the necessary documents.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.A.4. INITIATION OF AN APPLICATION FOR A CONDITIONAL USE
PLANNED DEVELOPMENT FOR AN EXCEPTION TO FREESTANDING
SIGN LIMITATIONS AND A CONDITIONAL USE TO PERMIT A
PRIVATE SCHOOL AND CHILD CARE CENTER IN A
RESIDENTIAL (R-15) DISTRICT AT HUGUENOT ROAD BAPTIST
CHURCH
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the initiation of an application for a conditional
use planned development to allow a second freestanding sign
and conditional use to permit a private school and child care
center at Huguenot Road Baptist Church (Tax IDs 745-718-8153,
8959 and 9765; and 746-718-0671, 1356,. 1675, 2360, 2579,
3364, 3583, 4367, 4486, 5470, 5588, 6571, 6590, 7591 and
7672) and appointed Kirkland A. Turner, Director of Planning,
as the Board's Agent and waived disclosure requirements.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.A.5. STATE ROADS ACCEPTANCE
On motion of Ms. Jaeckle, seconded by Mr. Warren, 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, IT 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 Vir inia, 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.
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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/Subdivision: Woolridge Road Reservoir Causewa
Tme Change to the Secondary System of State Highways:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: X33.1-229
Street Name and/or Route Number
• Woolridge Road, State Route Number 668
From: Crown Point Road (Route 3699)
To: 0.12 miles North of Crown Point Road, (Route 3699), a
distance of: 0.12 miles.
Recordation Reference: Db.8629, Pg.302
Right of Way width (feet) = var
• Woolridge Road, State Route Number 668
From: 0.12 miles North of Crown Point Road (Route 3699)
To: 0.32 miles North of Crown Point Road, (Route 3699), a
distance of: 0.20 miles.
Recordation Reference: Db.8629, Pg.302
Right of Way width (feet) = var
Woolridge Road, State Route Number 668
From: 0.52 miles North of Crown Point Road (Route 3699)
To: Genito Road, (Route 604), a distance of: 0.13 miles.
Recordation Reference: Db.8629, Pg.302
Right of Way width (feet) = var
• Woolridge Road, State Route Number 668
From: 0.44 miles North of Crown Point Road (Route 3699)
To: 0.52 miles North of Crown Point Road, (Route 3699), a
distance of: 0.08 miles.
Recordation Reference: Db.8629, Pg.302
Right of Way width (feet) = var
• Woolridge Road, State Route Number 668
From: 0.32 miles North of Crown Point Road (Route 3699)
To: 0.44 miles North of Crown Point Rd., (Route 3699), a
distance of: 0.12 miles.
Recordation Reference: Db.8629, Pg.302
Right of Way width (feet) = var
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
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, IT 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:
10-710
11/17/10
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/Subdivision: Tarrington Section 11
Type Change to the Secondary System of State Highways•
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: X33.1-229
Street Name and/or Route Number
• Bircham Terrace, State Route Number 7525
From: Bircham Loop (Route 7490)
To: Bircham Loop, (Route 7490), a distance of: 0.05 miles.
Recordation Reference: Pb. 174, pg. 65
Right of Way width (feet) = var
• Bircham Loop, State Route Number 7490
From: .05 miles East of Ashwell Drive, (Route 5843)
To: Bircham Court, (Route 7524), a distance of: 0.05 miles.
Recordation Reference: Pb. 174, pg. 65
Right of Way width (feet) = 44
• Bircham Loop, State Route Number 7490
From: Bircham Loop, (Route 7490)
To: Bircham Trail, (Route 7525), a distance of: 0.05 miles.
Recordation Reference: Pb. 174, pg. 65
Right of Way width (feet) = 44
• Bircham Court, State Route Number 7524
From: Bircham Loop (Route 7490)
To: Cul-de-sac, a distance of: 0.04 miles.
Recordation Reference: Pb. 174, pg. 65
Right of Way width (feet) = 40
• Bircham Loop, State Route Number 7490
From: Bircham Trail, (Route 7525)
To: Bircham Trail, (Route 7525), a distance of: 0.02 miles.
Recordation Reference: Pb. 174, pg. 65
Right of Way width (feet) = 44
• Bircham Loop, State Route Number 7490
From: Bircham Trail, (Route 7525)
To: Bircham Loop, (Route 7490), a distance of: 0.13 miles.
Recordation Reference: Pb. 174, pg. 65
Right of Way width (feet) = 44
• Bircham Loop, State Route Number 7490
From: Bircham Court, (Route 7524)
To: Bircham Loop, (Route 7490), a distance of: 0.08 miles.
Recordation Reference: Pb. 174, pg. 65
Right of Way width (feet) = 44
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.A.6. TRANSFER OF FUNDS FROM THE RESERVE FOR CAPITAL
PROJECTS TO THE RENOVATIONS AND ADDITIONS TO THE
MANCHESTER VOLUNTEER RESCUE SQUAD PROJECT
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On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
authorized the County Administrator to transfer $120,000 from
the reserve for capital projects to the Renovations and
Additions to the Manchester Volunteer Rescue Squad (MVRS)
Project .
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.A.7. REQUESTS FOR PERMISSION
8.A.7.a. FROM WOODLAKE COMMUNITY ASSOCIATION INCORPORATED
FOR BRICK COLUMNS AND WALL AND AN EXISTING SIGN TO
PROPERTY ON HULL STREET ROAD
ENCROACH WITHIN A TEN-FOOT WATER EASEMENT ACROSS
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
approved a request from Woodlake Community Association
Incorporated for permission for brick columns and wall and an
existing sign to encroach within a ten-foot water easement
across property at 14608 Hull Street Road, subject to the
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of the Board.)
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.A.7.b.
FROM ENON LLC FOR A TWENTY-FOOT EMERGENCY ACCESS
WAY KNOWN AS DOVER STREET WITHIN HOME ACRES
ROAD AND GATE TO ENCROACH WITHIN A COUNTY RIGHT OF
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
approved a request from Enon LLC for permission for a twenty-
foot emergency access road and gate to encroach within a
county right of way known as Dover Street within Home Acres,
subject to the execution of a license agreement. (It is noted
a copy of the plat is filed with the papers of the Board.)
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.A.7.c.
COUNTY RIGHT OF WAY KNOWN AS HUBERT LANE
DRIVEWAY TO ENCROACH WITHIN A FORTY-FOOT UNIMPROVED
FROM STANLEY CLIFFORD KENNEDY FOR A PROPOSED GRAVEL
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
approved a request from Stanley Clifford Kennedy for
permission for a proposed gravel driveway to encroach within
a forty-foot unimproved county right of way known as Hubert
Lane, subject to the execution of a license agreement. (It is
noted a copy of the plat is filed with the papers of the
Board.)
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.A.7.d. FROM MILTON F. TYLER, III AND KIMBERLY TYLER FOR AN
EXISTING FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT
DRAINAGE EASEMENT ACROSS LOT 9, BLOCK I,
STONEHENGE, SECTION B
10-712
11/17/10
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
approved a request from Milton F. Tyler, III and Kimberly
Tyler for permission for an existing fence to encroach within
a sixteen-foot drainage easement across Lot 9, Block I,
Stonehenge, Section B, subject to the execution of a license
agreement. (It is noted a copy of the plat is filed with the
papers of the Board.)
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
8.A.9. ADOPTION OF THE 2011 LEGISLATIVE PROGRAM
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
adopted the 2011 Legislative Program.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
The following item was removed from the Consent Agenda for
Board discussion:
8.A.8. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
BERMUDA DISTRICT IMPROVEMENT FUND TO THE PARKS AND
RECREATION DEPARTMENT FOR RENTAL AND LABOR CHARGES
ASSOCIATED WITH THE ANNUAL VETERAN'S DAY CEREMONY AT
BENSLEY PARK
Ms. Jaeckle recognized Mr. Billy Stubbs for a spectacular job
putting together the annual Veteran's Day Ceremony at Bensley
Park.
Ms. Jaeckle then made a motion, seconded by Mr. Warren, for
the Board to transfer $526.13 in Bermuda District Improvement
Funds to the Parks and Recreation Department to pay the cost
of renting a tent and chairs and labor charges for staffing
and cleaning the Community Building as part of the annual
Veteran's Day Ceremony at Bensley Park.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
9. REPORTS
9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
LEASE PURCHASES
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
accepted the following reports: a Report on Developer Water
and Sewer Contracts; and 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.
10-713
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10.
MATTERS
FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
Ms. Betty Matthews, Chairman of the Chesterfield Center for
the Arts Foundation, requested the Board's financial support
of the foundation's annual operational costs.
Mr. Barry Wood, Webmaster of PayOurPolice.com, encouraged the
Board to consider a permanent raise for the Police
Department.
11. CLOSED SESSION 1) PURSUANT TO SECTION 2 .2-3711 (A) (1) ,
CODE OF VIRGINIA, 1950, AS AMENDED, RELATING TO THE
PERFORMANCE OF A SPECIFIC COUNTY EMPLOYEE; AND 2)
PURSUANT TO SECTION 2.2-3711(A)(1) CODE OF VIRGINIA,
1950, AS AMENDED, RELATING TO THE APPOINTMENT OF A
SPECIFIC COUNTY EMPLOYEE
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
went into closed session 1) pursuant to Section 2.2-
3711(A)(1), Code of Virginia, 1950, as amended, relating to
the performance of a specific employee; and 2) pursuant to
Section 2.2-3711(A)(1) Code of Virginia, 1950, as amended,
relating to the appointment of a specific county employee.
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 provided 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 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.
10-714
11/17/10
12. DINNER
On motion of Ms. Durfee, seconded by Mr. Warren, the Board
recessed to Room 502, for dinner.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
13. INVOCATION
Pastor Ken Cornett of Midlothian Baptist Church gave the
invocation.
14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Zachary Moore led the Pledge of Allegiance to the
flag of the United States of America.
Mr. Gecker stated the Sheriff's Department held their annual
awards ceremony honoring those who performed above and beyond
the call of duty. He recognized Master Deputy Dale Terry and
Sergeant Eric Jones, who both received awards.
15. RESOLUTIONS
15.A. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
Ms. Ruth introduced Zachary Moore and Liam Lawless, who were
present to receive the resolution.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to their community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law, Mr. Zachary Michael
Moore, Troop 2883, sponsored by Southside Baptist Church, and
Mr. Liam Joseph Lawless, Troop 1891, sponsored by Bon Air
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
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society, Zachary and Liam 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 17th day of November 2010,
hereby extends its congratulations to Mr. Zachary Michael
Moore and Mr. Liam Joseph Lawless 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.
Mr. Gecker
Mr. Holland and Mr. Gecker presented the executed resolutions
and patches to Mr. Lawless and to Mr. Moore and congratulated
them on their achievements.
Mr. Lawless and Mr. Moore told about their Eagle Scout
projects and expressed appreciation to their families for
their support.
16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Andrea Epps suggested additional revisions to the
proposed revised streetlight policy. She also expressed
appreciation to Chesterfield County staff for their hard work
and dedication.
Mr. George Beadles addressed the Board relative to his
transportation needs and the sale of property for delinquent
taxes.
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
11SN0143
In Matoaca Magisterial District, Eagle Construction of VA
requests amendment of zoning (Case 04SN0133) and amendment of
zoning district map relative to house size in Residential (R-
12) and Agricultural (A) Districts on 19.1 acres fronting the
east and west lines of Hampton Farms Drive and Foster Ridge
Terrace, also fronting the north and south lines of Hampton
Farms Court and Jennings Run Drive. Residential use of up to
3.63 units per acre is permitted in the Residential (R-12)
District. The Comprehensive Plan suggests the property is
appropriate for residential use of 2.0 unit/acre or less and
general business use. Tax IDs 708-666-7112, 7332, 7441, 7451,
7460, 7470, 7479, 7590, 8933, 9066, 9245, 9254, 9289 and
9833; 709-665-0995, 1486, 2583 and 3291; 709-666-0063, 0186,
0516, 0733, 0977, 1056, 1708, 1716, 1840, 1931, 2175, 2648,
3066, 3202, 3311, 3418, 3528, 3646 and 3737.
10-716
11/17/10
Mr. Turner stated Eagle Construction of VA has requested a
six-month deferral of Case 11SN0143 to the regularly
scheduled meeting in May 2011.
Mr. Mark Kukoski, representing the applicant, requested a six
month referral.
Mr. Gecker called for public comment.
There being no one to address the deferral request, the
public hearing was closed.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
deferred Case 11SN0143 until the May 2011 regularly scheduled
meeting.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
lOSN0274
In Bermuda Magisterial District, The Chester Company LLC
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 4 acres
fronting 300 feet on the east line of Iron Bridge Road, 830
feet north of Landfill Drive. Density will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for community mixed
use. Tax IDs 774-657-2272 and 4874.
Mr. Turner stated Ms. Jaeckle is requesting deferral of Case
lOSN0274 to the regularly scheduled meeting in May 2011.
Mr. Bob Schrum, the applicant, stated he supports a six-month
deferral.
Mr. Gecker called for public comment on the deferral.
Mr. Bob Olsen stated the deferment is not warranted due to
the Planning Commission and staff recommending denial. He
further stated nothing would be accomplished by deferring the
case.
Mr. George Beadles requested that the Board consider the
deferral request.
Mr. Chuck Sipos, member of the Deerfield Civic Association,
stated the electronic message sign guidelines are in place,
and he does not favor the deferral.
Mr. Alan Twedt stated his approval for the deferral and
requested that the Board re-examine the policy.
Mr. Paul Grasewicz suggested that the case be denied. He
stated concerns for the Planning Commission's schedule,
especially during the Comprehensive Plan process.
Mr. Bill Baker requested that the Board make changes to the
current electronic message sign policy.
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There being no one else to address the deferral request, the
public hearing was closed.
Mr. Schrum reiterated his request for a six-month deferral.
Ms. Jaeckle stated the fee holiday brought to light a desire
in the business community to take another look at the sign
policy. She further stated the challenges regarding the
policy is that the signs are described as electronic variable
message signs, when they should be described as updated
reader boards.
Ms. Jaeckle then made a motion, seconded by Mr. Gecker, for
the Board to defer Case lOSN0274 until the May 2011 regularly
scheduled meeting.
Mr. Gecker stated it does not make sense to him to force an
applicant to withdraw a case and then re-file it four months
later.
Mr. Warren stated he has mixed feelings about reconvening a
committee that was already charged with a mission. He further
stated if the Planning Commission chose to take another look
at the process, then he would not object to that decision. He
stated he supports the deferral.
Ms. Jaeckle stated the Planning Commission will not approve
anything unless the policy is revamped.
Mr. Gecker stated the Planning Commission has within its
authority the ability to restart that committee.
Ms. Durfee stated her support for reforming a committee to
revisit the sign policy.
Ms. Jaeckle stated businesses voiced their opinion to rejoin
the committee for further review.
Mr. Holland stated he does not support the deferral because
both the Planning Commission and staff recommended denial.
Mr. Gecker called for a vote on the motion of Ms. Jaeckle,
seconded by Mr. Gecker, for the Board to defer Case lOSN0274
until the May 2011 regularly scheduled meeting.
Ayes: Gecker, Jaeckle, Warren, and Durfee.
Nays: Holland.
11SN0100
In Bermuda Magisterial District, Richmond 20 MHz LLC requests
amendment of zoning (Case 95SN0214) plus conditional use and
amendment of zoning district map to permit a communications
tower in Agricultural (A) and General Business (C-5)
Districts on 1.1 acres fronting 20 feet on the south line of
East Hundred Road, 740 feet east of Rivers Bend Boulevard.
Density will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for neighborhood mixed use. Tax IDs 816-651-Parts
of 0395 and 5749; 816-652-Part of 0411.
10-718
11/17/10
Mr. Turner presented a summary of Case 11SN0100 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Brennan Keene, representing the applicant, accepted the
recommendation.
Mr. Gecker called for public comment.
There being no one to address the request, the public hearing
was closed.
Ms. Jaeckle stated Mr. Keene worked very hard with the
residents. She further stated there was no need for two
balloon tests due to the changing seasons.
Ms. Jaeckle made a motion, seconded by Mr. Warren, for the
Board to approve Case 11SN0100 and accept the proffered
conditions.
In response to Ms. Durfee's question, Mr. Turner stated the
parcel of land is planned for mixed use.
Mr. Gecker called for a vote on the motion of Ms. Jaeckle,
seconded by Mr. Warren, for the Board to approve Case
11SN0100 and accept the following proffered conditions:
The Owner and Developer in this request for a conditional use
("CU"), 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 respective successors or
assigns, proffer that the development of the property known
as part of Chesterfield County Tax Identification Numbers
816-651-0395, 816-652-0411, and 816-651-5749 (the "Property")
under consideration will be developed according to the
following conditions if, and only if, the CU to construct a
telecommunications tower on the Property is granted. In the
event the request is denied or approved with conditions not
agreed to by the Developer, the proffers shall immediately be
null and void and of no further force or effect.
1. There shall be no signs permitted to identify this
use. (P)
2. The base of the tower shall be enclosed by a minimum six
(6) foot high fence, designed to preclude trespassing.
The fence shall be placed so as to provide sufficient
room between the fence and the property lines to
maintain a tree preservation area of at least 100 feet
toward the eastern and southern property lines, 40 feet
toward the northern property line, and 30 feet toward
the western property line. Notwithstanding the forgoing,
should the proposed road extension be completed
(generally as shown on Sheet A-0 of the Plan dated July
1, 2010 and submitted with the CU application), the
southern portion of that tree preservation area may be
reduced to accommodate the construction of that future
road, including any drainage infrastructure related to
such road. Such buffer shall be comprised of existing
trees at the site to provide screening of the base of
the tower and of the accessory ground equipment from
adjacent properties. A detailed plan depicting this
requirement shall be submitted to the Planning
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Department for approval in conjunction with final site
plan review. So long as such area is required, no trees
within the area shall be removed unless such trees are
dead, diseased, or dying except as otherwise provided
herein. (P)
3. The color, design and lighting system for the tower shall
be as follows:
a. The tower shall be gray or another neutral color,
acceptable to the Planning Department.
b. The tower shall not be lighted.
c. The tower shall be a monopole structure with
internally mounted antennas. (P)
4. Any building or mechanical equipment shall comply with
Sections 19-595 and 19-570 (b) and (c) of the Zoning
Ordinance relative to architectural treatment of
building exteriors and screening of mechanical
equipment. (P)
(NOTE: Section 19-570 (b) and (c) would require the
screening of mechanical equipment located on the
building or ground from adjacent properties and public
rights of way. Screening would not be required for the
tower or tower-mounted equipment.)
5. The tower shall not exceed a height of 158 feet. (P)
6. At such time that the tower ceases to be used for
communications purposes for a period exceeding twelve
(12) consecutive months, the owner/developer shall
dismantle. and remove the tower and all associated
equipment from the property. (P)
Ayes: Gecker, Holland, Jaeckle, and Warren.
Nays: Durfee.
11SN0105
In Clover Hill Magisterial District, Elizabeth B. Dunham
requests conditional use and amendment of zoning district map
to permit a business (commercial kennel) incidental to a
dwelling in an Agricultural (A) District on 2.3 acres known
as 1020 South Providence Road. Density will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for residential use
of 2.51 to 4.0 dwelling units per acre. Tax ID 757-700-9161.
Mr. Turner presented a summary of Case 11SN0105 and stated
the Planning Commission and staff recommended approval
subject to the conditions.
Elizabeth B. Dunham and Raymond C. Dunham, the applicants,
accepted the recommendation.
Mr. Gecker called for public comment.
There being no one to address the request, the public hearing
was closed.
10-720
11/17/10
Mr. Warren made a motion, seconded by Ms. Jaeckle, for the
Board to approve Case 11SN0105, subject to the following
conditions:
1. The conditional use shall be granted to Raymond and
Elizabeth Dunham exclusively and shall not be
transferred or run with the land. (P)
2. There shall be no employees permitted to work on the
premises other than family member employees that live on
the premises. (P)
3. The conditional use shall be limited to the operation of
a commercial breeding kennel for a maximum of twenty-
five (25) dogs. (P)
4. The outside run areas and pens shall not be located
closer to the public road than the front building line
of the principal dwelling. The outside run areas and all
other areas associated with the keeping of animals shall
be cleaned on a regular basis to eliminate odors and the
proliferation of insects. (P)
5. The commercial kennel use within the dwelling shall be
located in a maximum total area of 300 square feet. (P)
6. No commodity shall be stored or sold on the .premises
except for light inventory. (P)
7. No more than one (1) vehicle and one (1) single axle
trailer not exceeding thirteen (13) feet in length and
3,200 pounds used in conjunction with the commercial
kennel shall be parked on the premises. No equipment
shall be stored outside the. dwelling or accessory
structure that would indicate that a business is being
conducted on the site except for equipment stored on the
vehicle or trailer used in conjunction with the
business. The vehicle and equipment for the use shall be
parked on the premises, but a trailer must be parked,
except for loading or unloading, either in the rear year
or so that its view is screened from adjacent properties
or public roads. (P)
8. No assembly or group instruction shall be permitted. A
maximum of two (2) clients shall be permitted on the
property at any one (1) time. (P)
9. There shall be no exterior additions or alterations to
the existing dwelling to accommodate the use, other than
the existing outside runs. (P)
10. Only one (1) sign to identify the commercial xennel
shall be permitted provided such sign does not exceed
one (1) square foot in area and shall not be
illuminated. (P)
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
11SN0111
10-721
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11/17/10
In Bermuda Magisterial District, New Cingular Wireless PCS,
LLC (AT&T) requests conditional use and amendment of zoning
district map to permit a communication tower in Residential
(R-7) and (R-9) Districts on 2.6 acres fronting 460 feet in
two (2) places on the east line of Drewrys Bluff Road, 1130
and 1340 feet south of Swineford Road. Density will be
controlled by appropriate for residential use of 2.51-4
units/acre. Tax IDs 788-680-9280 and 789-681-Part if 1718.
Mr. Turner presented a summary of Case 11SN0111 and stated
the Planning Commission and staff recommended approval,
subject to conditions.
Mr. Brennan Keene, representing the applicant, accepted the
recommendation.
Mr. Gecker called for public comment.
There being no one to address the request, the public hearing
was closed.
Ms. Jaeckle made a motion, seconded by Mr. Warren, for the
Board to approve Case 11SN0111, subject to the conditions.
In response. to Ms. Durfee's question, Mr. Turner stated the
plat is surrounded to the north and east by county-owned
property, residential to the south and commercial to the
west.
In response to Mr. Warren's question, Mr. Turner stated there
was no opposition from the residents at the Planning
Commission hearing.
Mr. Keene stated to the east along Drewrys Bluff Road are
houses., directly across the road to the south is a vacant lot
that is planned for Habitat for Humanity housing. He further
stated the location of the tower is wooded and surrounded by
wetlands. He stated no residential properties could see the
tower.
Mr. Gecker called for a vote on the motion of Ms. Jaeckle,
seconded by Mr. Warren, for the Board to approve Case
11SN0111, subject to the following conditions:
1. There shall be no signs permitted to identify this use.
(P)
2. The base of the tower shall be enclosed by a minimum six
(6) foot High fence, designed to preclude trespassing.
The fence shall be placed so as to provide sufficient
room between the fence and the property line to maintain
a tree preservation area of at least 100 feet in each
direction, such buffer to be comprised of existing trees
at the site and to provide screening of the base of the
tower and accessory ground equipment from adjacent
properties. A detailed plan depicting this requirement
shall be submitted to the Planning Department for
approval in conjunction with final site plan review. So
long as such area is required, no trees within the area
shall be removed unless such trees are dead, diseased,
or dying. (P)
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11/17/10
3. The color, design and lighting system for the tower
shall be as follows:
a . The tower shall be gray or another neutral color,
acceptable to the Planning Department.
b. The tower shall not be lighted.
c. The tower shall be a monopole structure (with
external flush mounted antennas or, internally
mounted antennas.) (P)
4. Any building or mechanical equipment shall comply with
Sections 19-595 and 19-570 (b) and (c) of the Zoning
Ordinance relative to architectural treatment of
building exteriors and screen of mechanical equipment.
(P)
(NOTE: Section 19-570 (b) and (c) would require the
screening of mechanical equipment located on the
building or ground from adjacent properties and public
rights-of-way. Screening would not be required for the
tower or tower-mounted equipment.)
5. The tower shall not exceed a height of 124 feet. (P)
6. At such time that the tower ceases to be used for
communications purposes for a period exceeding twelve
(12) consecutive months, the owner/developer of the
communications tower shall dismantle and remove the
tower and all associated equipment from the property.
(P)
7. Provided that VDOT grants an entrance permit, access to
the tower shall be located off of Drewrys Bluff Road as
shown on the site plan titled "Site Number: RI730, Site
Name: Defense Supply," dated September 29, 2010 by BC
Architects Engineers (Exhibit "A") If VDOT does not
approve the entrance permit as described in the previous
sentence, access to the tower shall be as shown on the
site plan titled "Site Number: RI730, Site Name: Defense
Supply," dated July 8, 2010 by BC Architects Engineers
(Exhibit "B"). (P and T)
8. The access road to the tower shall be gated. (P and T)
Ayes: Gecker, Holland, Jaeckle, and Warren..
Nays: Durfee.
11SN0148
In Bermuda Magisterial District, Whitmell Investment Corp
requests conditional use .and amendment of zoning district map
to permit a private school and/or college in an Agricultural
(A) District on 38.2 acres fronting 600 feet on the east of
Bermuda Orchard Lane, across from Thornhill Drive. Density
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for residential use of 4.0 units/acre or less.
Tax IDs 818-648-4591-00001 and 0002 and 817-648-3260-00001
and 00002.
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11/17/10
Mr. Turner presented a summary of Case 11SN0148 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Jim Theobald, representing the applicant, accepted the
recommendation.
Mr. Gecker called for public comment.
There being no one to address the request, the public hearing
was closed.
Ms. Jaeckle made a motion, seconded by Mr. Warren, for the
Board to approve Case 11SN0148 and accept the following
proffered conditions:
The property owner 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 property under consideration (the "Property") will be
developed according to the following proffers if, and only
if, the rezoning request submitted herewith is granted with
only those conditions agreed to by the owner and applicant.
In the event this request is denied or approved with
conditions not agreed to by the owner and applicant, the
proffers shall immediately be null and void and of no further
force or effect.
1. Use. The only use on the Property shall be for a
private school and/or college and uses incidental or
accessory thereto. (P)
2. Outside Public Address. Any outside public address
system shall not be used before 7:00 a.m. or after
9:00 p.m. (P)
3. Buffers. Except for the existing improvements as
shown on Exhibit "A", prepared by Austin Brockenbrough
& Associates, L.L.P. dated August 1, 2002, and except
for any future improvements to existing Baptist Drive
to include widening and/or the installation of curb
and gutter, a fifty (50) foot buffer shall be
maintained around the perimeter of the Property. This
buffer shall meet the requirements of the Zoning
Ordinance for fifty (50) foot buffers, except that
along the western property boundary immediately
adjacent to Tax ID 817-648-8498 existing vegetation
shall be preserved and supplemented with evergreens
where necessary to minimize views from this adjacent
property. The exact species, spacing, size, and
location of this supplemental vegetation shall be
approved by the Planning Department at the time of the
site plan approval. (P)
4. Recreational Facility Setbacks. The following setback
criteria shall apply to any outdoor playfields,
courts, swimming pools and similar active recreational
areas:
a. Except for the existing fields as shown on Exhibit
"A", prepared by Austin Brockenbrough & Associates,
L.L.P. dated August 1, 2002, all outdoor
playfields, courts, swimming pools and similar
10-724
11/17/10
active recreational areas shall be located a
minimum of one hundred (100) feet from adjacent
properties zoned for agricultural or residential
use and fifty (50) feet from any existing or
proposed public road(s). Within these setbacks,
existing vegetation shall be supplemented, where
necessary, with landscaping or other devices
designed to achieve the buffering standards
contained in the Zoning Ordinance for one hundred
(100) foot and fifty (50) foot buffers.
Should adjacent property be zoned for and occupied by
a private school and/or college as an expansion of the
subject facility, and such zoning is not subject to a
time limitation, these buffer requirements shall no
longer apply on the subject property along its
boundary with the expansion property.
b. If outdoor play fields, courts, swimming pools and
similar active recreational areas are set back more
than one hundred (100) feet from adjacent
properties zoned agriculturally and residentially
and more than fifty (50) feet from any existing or
proposed public road(s), the landscaping or other
design features described in Condition 4.a. may be
modified by the Planning Department at the time of
site plan review. Such modification shall
accomplish a mitigation of the visual. and noise
impacts that sports or related activities have on
adjacent properties equivalent to the one hundred
(100) foot/fifty (50) foot setback/landscaping
requirements described in Conditions 4.a.
c. The one hundred (100) foot setback described in
Condition 4.a. may be reduced by the Planning
Commission if the resulting increased visual and
noise impacts that sports or related activities
have on area residences are mitigated. Mitigation
may be achieved through the use of topography,
fencing, berming, walls and/or other devices and
design features, as approved by the Planning
Commission at the time of site plan review. (P)
5. Development Standards. With the exception of the
buffers, and buffers and setbacks for playfields,
courts, swimming pools, and similar outdoor active
recreational areas, the development of the Property
shall conform to the development standards of the Zoning
Ordinance for Corporate Office (O-2) Districts in
Emerging Growth Areas. (P)
6. Bermuda Orchard Access. No direct vehicular access
shall be provided from the Property to Bermuda Orchard
Lane. (T)
7. Koyoto Drive Access. Prior to exceeding an enrollment
of students that is anticipated to generate traffic that
would cause the traffic volume on any street in Cameron
Hills Subdivision or Bermuda Orchard Subdivision to
exceed an acceptable volume, as defined by the Planning
Commission Stub Road Policy and as determined by the
Transportation Department, direct vehicular access from
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11/17/10
the Property to Koyoto Drive shall be eliminated or
converted to an emergency access only. (T)
8. Timbering. Except for the
Virginia State Department of
removing dead or diseased
timbering on the Property
permit has been obtained
Engineering Department and
been installed. (EE)
timbering approved by the
Forestry for the purpose of
trees, there shall be no
until a land disturbance
from the Environmental
the approved devices have
(Note: this case supersedes Cases 84S131 and 02SN0310.)
Ayes: Gecker, Holland, Jaeckle, warren, and Durfee.
Nays: None.
115N0156
In Clover Hill Magisterial District, Bryant and Stratton
College requests amendment of conditional use planned
development (Case 85SN0157) and amendment of zoning district
map to permit a private college in a Community Business (C-3)
District on 10.2 acres fronting 90 feet in two (2) places on
the south line of Hull Street Road, 750 and 1040 feet east of
Walmsley Boulevard; also fronting 980 feet on the north line
of Walmsley Boulevard, 380 feet east of Hull Street Road.
Density will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for community mixed use. Tax ID 760-692-5131.
Mr. Turner presented a summary of Case 11SN0156 and stated
the Planning Commission and staff recommended approval,
subject to one condition.
Ms. Beth Murphy, representing the applicant, accepted the
recommendation.
Mr. Gecker called for public comment.
There being no one to address the request, the public hearing
was closed.
Mr. Warren expressed appreciation to Ms. Murphy for helping
to encourage business within the county.
Mr. Warren then made a motion, seconded by Ms. Jaeckle, for
the Board to approve Case 11SN0156, subject to the following
condition:
In addition to those uses permitted by Case 85SN0157 for
Buildings A through E as designated on the approved Master
Plan, a private college shall be permitted. (P)
(NOTE: This condition supersedes Proffered Condition 1 of
Case 85SN0157 for the request property only.)
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
lOSN0273
10-726
11/17/10
In Midlothian Magisterial District, Sledd Properties, LLC and
FPH Enterprises, LLC request rezoning and amendment of zoning
district map from Corporate Office (O-2) to Community
Business (C-3) plus conditional use planned development to
permit exceptions to Ordinance requirements on 2.9 acres
located in the northeast corner of Koger Center Boulevard and
Huguenot 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 739-711-9206 and 9230.
Ms. Peterson presented a summary of Case lOSN0273 and stated
both the Planning Commission and staff recommend approval of
the rezoning that complies with the Comprehensive Plan, and
as proffered does provide limitations that would achieve
compatibility with area uses. She stated the Planning
Commission supports the setback exceptions along Huguenot
Road noting that these reductions are consistent with those
applied on the western line of Huguenot Road. She further
stated staff does not support the reduction of setbacks along
Huguenot Road, as it will interrupt the established
development pattern and conflict with emerging growth
standards. She stated both the Planning Commission and staff
also recommend approval of the other setback reductions, as
well as modification landscaping requirements along Huguenot
Road. She stated there was support present at the Planning
Commission's public hearing.
Mr. Jim Theobald, representing the applicant, stated the
proposal is consistent with the land use plan. He further
stated the setback on Huguenot Road is consistent with
properties across the street, and the applicant has worked
diligently with neighbors to resolve all issues.
Mr. Gecker called for public comment.
There being no one to address the request, the public hearing
was closed.
Mr. Gecker noted that everyone agrees with the proposed land
use. He stated this is a part of the district that is fast
becoming pure commercial. He further noted that the
neighborhood association supports the case.
Mr. Gecker then made a motion, seconded by Ms. Jaeckle, for
the Board to approve Case lOSN0273 and accept the following
proffered conditions:
The property owne
pursuant to Sectic
as amended) and tY
for themselves and
the property under
to the following
request submitted
conditions agreed
event this request
agreed to by the
immediately be nu
effect.
s and applicants in this rezoning case,
i 15.2-2298 of the Code of Virginia (1950
Zoning Ordinance of Chesterfield County,
their successors or assigns, proffer that
consideration will be developed according
proffers if, and only if, the rezoning
herewith is granted with only those
~o by the owners and applicants. In the
is denied or approved with conditions not
>wners and applicants, the proffers shall
1 and void and of no further force or
1. Master Plan. The Textual Statement dated October 13,
2010 shall be considered the Master Plan. (P)
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10-727
11/17/10
2. Uses. Uses shall be limited to those permitted by
right or with restrictions in the Neighborhood Business
(C-2) District except as follows:
a. automobile self-service stations shall be
prohibited;
3
b. fast-food restaurants without drive-in windows
shall be the only C-3 permitted use. (P)
Exterior Materials. All building exteriors (whether
front, side o:
trim accents,
architectural
or glass as
architectural
standing-seam
rear), exclusive
shall consist of
precast, integral
established as
theme. Aluminum
petal roofs shall
of doors, windows, and
masonry, stone, EIFS,
color split face block
part of an overall
or metal accents and
~e permitted. (P)
4. Signage. All freestanding signs shall be a monument
style. The base/structure of each sign shall be
constructed of complementary materials and colors as
the building which it advertises. All building-mounted
signs shall be internally illuminated channel letters
and logos mounted on raceways painted to blend with the
building backdrop. (P)
5. Dedication. Prior to any site plan approval or within
sixty (60) days from the date of a written request by
the Transportation Department, whichever occurs first,
sixty (60) feet of right-of-way on the east side of
Huguenot Road, measured from the centerline of that
part of Huguenot Road immediately adjacent to the
Property, shall be dedicated, free and unrestricted, to
and for the benefit of Chesterfield County. (T)
6. Access.
a. Direct vehicular access from the Property to
Huguenot Road shall be limited to one (1)
entrance/exit, the centerline of which shall be
located approximately 365 feet from the southern
property line. This entrance/exit shall be limited
to right-turns-in and right-turns-out only. At the
request of the applicant, the Transportation
Department may approve modification to the
location of the access.
b. No direct vehicular access shall be provided from
the Property to Koger Center Boulevard. (T)
7. Transportation Improvements. Prior to the issuance of
an occupancy permit on the Property, the following
improvements shall be provided:
a. Construction of additional pavement along the
northbound lanes of Huguenot Road at the approved
access to provide a separate right turn lane.
b. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvement identified
above. (T)
10-728
11/17/10
8. Huguenot Road Features. An entrance feature which shall
include a decorative masonry wall section for aesthetic
rather than screening purposes and which is
architecturally compatible with the building(s), shall
be provided to each side of the Huguenot Road entrance
and extend a minimum of 15 feet along Huguenot Road in
each direction. This entrance feature shall tie into
the landscaping continuing along Huguenot Road as
provided in Textual Statement Condition 5. (P)
9. Dumpster. Except for access doors, solid waste storage
areas shall be enclosed by a solid wall or fence
constructed of comparable materials to and designed to
be compatible with the principal building(s) that the
solid waste storage areas serve. No dumpster serving a
food-related use shall be located within seventy-five
(75) feet of Tax ID 739-711-9651 unless and until such
time as Tax ID 739-711-9651 is occupied by a use other
than medical office.
10. Loading Dock Orientation. No loading docks shall be
located adjacent and parallel to the western property
line of Tax ID 739-711-9651 unless and until such time
as Tax ID 739-711-9651 is occupied by a use other than
medical office. The foregoing shall not preclude at-
grade deliveries.
11. Setbacks. The setback for buildings adjacent to Tax ID
739-711-9651 shall be a minimum of twenty (20) feet on
the side (east) and thirty (30) feet on the rear
(north) unless and until such time as Tax ID 739-711-
9651 is occupied by a use other than medical office.
12. Hours of Operation. No use shall be open to the public
between the hours of 12:00 a.m. (midnight) and 6:00
a.m. (P)
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
11SN0115
In Clover Hill Magisterial District, HTS Towers, LLC requests
conditional use and amendment of zoning district map to
permit a communications tower in a Residential (R-15)
District on 1.5 acres known as 11100 Smoketree Drive. Density
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for residential use of 2.5 dwelling/acre or less.
Tax ID 742-701-Part of 8338.
Mr. Clay presented a summary of Case 11SN0115 and stated the
Planning Commission and staff recommended approval and
acceptance of the proffered conditions noting that the
proposal conforms to the Public Facilities Plan, which
suggests designing facilities so as to minimize the impact on
adjacent properties. He further stated the proposal conforms
to the Tower Siting Policy, which suggests that towers in the
vicinity of existing or planned areas of development should
possess design features that mask the utilitarian nature of
10-729
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11/17/10
the tower. He stated the Planning Commission also noted that
the design of the tower makes it more architecturally
compatible with area development, and there is support for
this proposal from area property owners. He noted there was
opposition and support present at the Planning Commission
meeting. He stated 11 letters of opposition and a petition
with 70 signatures in support of the proposal were received
by staff .
Ms. Carrie Coyner, representing the applicant, provided
photos in the area of the proposed tower depicting the
visibility of the tower. She provided public benefits of
cellular service. She noted the proposal conforms to the
Tower Siting Policy; limits the height of the tower, is
disguised with internally mounted antennas; supplies space
for multiple carriers to encourage co-location to reduce the
number of towers in the area; and is the best location in the
area.
Mr. Gecker called for public comment.
Mr. Bill Baker stated opposition to the Tower Siting Policy.
Mr. Freddie Boisseau, resident of the Bermuda District,
stated that cell towers are important to residents that have
poor service access. He further stated his support for the
case.
Mr. Mark Elder stated the importance of cell service in the
area in case of emergency.
Ms. Alicia Mulley, resident of the Clover Hill District,
stated she opposes the tower because it should not be placed
in a residential area.
Ms. Roxanne Kelly, representing Ashley Woods Homeowners
Association, objected to the proposed tower on the basis of
siting.
Mr. Kevin Page stated he does not support the request. He
expressed concerns that residential developable land is
located adjacent to the proposed cell tower's location and
provided the Board with a map depicting other locations that,
in his opinion, would be more suitable.
Mr. Dick Page requested that the Board deny the case due to
the location of the proposed tower.
Mr. Billy Martin stated the location of the cell tower is
beneficial to people in the area in case of an emergency.
Mr. Tommy Moss, resident of Smoketree, stated he supports the
case because cell service is lacking in the area.
Mr. George Beadles expressed concerns relative to the size of
the proposed bell tower.
Mr. William Wojcik, President of the Smoketree Association,
stated he has not received any opposition for the cell tower.
Mr. George Roberts, resident of Smoketree, stated he supports
the case.
10-730
11/17/10
Mr. Mike Sherman, representing Elmcrest, requested that the
Board approve the case.
Mr. Allan Twedt, resident of Smoketree, requested that the
tower be placed in a nearby agricultural zone. He expressed
opposition to the case.
Ms. Andrea Epps recommended approval of the case.
Mr. Paul Grasewicz stated the proposal is an evolution in
cell towers, indicating his support for the case.
There being no one else to address the request, the public
hearing was closed.
Ms. Coyner stated the majority of people need the cell tower.
She further stated the alternative locations suggested are
all moving toward existing cell towers.
In response to Mr. warren's question, Ms. Coyner stated there
are cell towers that are adjacent to residentially zoned
areas across the county.
In response to Mr. Warren's question, Mr. Mincks stated
notification letters were distributed according to the
ordinance and the Planning Department's practices with
notification.
In response to Mr. Warren's question, Mr. Clay stated the
applicant is required to send notification of meetings to
community associations. He further stated these associations
could send out letters to the surrounding neighborhoods. He
stated he heard that signs were placed by the church to
notify residents of the public meeting.
In response to Mr. Warren's question, Mr. Turner stated the
public meeting was in compliance with policies and
procedures.
Mr. Warren stated he received and responded to many phone
calls and e-mails regarding the bell tower.
In response to Mr. Warren's question, Ms. Coyner stated there
will be no noise device or bell in the tower.
In response to Mr. Warren's question, Mr. Mincks stated the
Federal Communication Act prohibits the Board from
considering health issues in making a decision regarding cell
towers.
In response to Mr. Warren's question, Dr. Jaberi stated there
is no specific evidence that cell phone towers cause any
health risks.
In response to Mr. Warren's questions, Ms. Coyner stated the
bell tower fits into the architecture of the surrounding
area. She further stated the pictures showing the visibility
of the existing bell tower were taken at street level. She
stated the tower is limited to 135 feet.
In response to Mr. Warren's question, Mr. Clay stated he had
no evidence that the proposed tower would negatively impact
property values.
10-731
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11/17/10
Mr. Warren stated the buffered area surrounding the proposed
tower location is substantial.
In response to Mr. Holland's
county ordinance requires a
property owner or community
property.
question, Mr. Clay stated the
21-day notification to any
association that abuts the
In response to Ms. Durfee's question, Mr. Turner stated a
small area of the tower site and the access road will be
cleared.. He further stated there were no~ developmental
proposals for the church property.
Ms. Durfee stated she does not support the case because it is
proposed inside a residential planned community. She further
stated there are buffer issues and she has concerns for
potential homeowners who may see the tower.
Mr. Warren stated the bell tower site conforms to the Public
Facilities Plan and Tower Siting Plan. He further stated both
the Planning Commission and staff approve and accept the
proffered conditions. He stated a large number of residents
and the church support the proposal.
Mr. Warren then made a motion, seconded by Ms. Jaeckle, for
the Board to approve Case 11SN0115 and accept the proffered
conditions
Ms. Jaeckle stated there is an overwhelming demand from the
residents and she believes cell coverage is important,
especially with technical advances.
Mr. Gecker stated his approval for the case and support of
Mr. Warren's decision.
Mr. Holland stated his support for the case.
Mr. Gecker called for a vote on the motion of Mr. Warren,
seconded by Ms. Jaeckle, for the Board to approve Case
11SN0115 and accept the following proffered conditions:
1. There shall be no signs permitted to identify this
use. (P)
2. Access into the tower structure shall be secured, to
preclude trespassing. Evergreen trees, a minimum of six
(6) feet in height at installation, shall be planted
around the base of the tower, except where access is
required. A detailed plan depicting this requirement
shall be submitted to the Planning Department for
approval in conjunction with final site plan review.
(P)
3. The color, design and lighting system for the tower
shall be as follows:
a. The tower color and architecture shall be
compatible with that of the church use on Tax ID
743-701-7543, as acceptable to the Planning
Department.
b. The tower shall not be lighted.
10-732
11/17/10
c . The tower shall be designed as a bell tower, with
internally mounted antennae. (P)
4. Any building or mechanical equipment shall comply with
Sections 19-595 and 19-570 (b) and (c) of the Zoning
Ordinance relative to architectural treatment of
building exteriors and screening of mechanical
equipment. (P)
(NOTE: Section 19-570 (b) and (c) would require the
screening of mechanical equipment located on the
building or ground from adjacent properties and public
rights-of=way. Screening would not be required for the
tower or tower-mounted equipment.)
5. The tower shall not exceed a height of 135 feet. (P)
6. At such time that any communications antenna or
equipment ceases to be used for communications purposes
for a period exceeding twelve (12) consecutive months,
it shall be dismantled and removed. The bell tower
structure may remain on the property provided the
structure is maintained in a manner so that it does not
become an eyesore or fall in to disrepair. Prior to
issuance of a building permit, the owner/developer of
the communications tower use shall provide surety to the
County in the amount, as approved by the Planning
Department, required to dismantle and remove the
antennas and/or bell tower and associated equipment. An
estimate from a communications tower contractor, as
acceptable to the Planning Department, shall serve as
the basis for the surety amount. (P)
Ayes: Gecker, Holland, Jaeckle, and Warren.
Nays: Durfee.
11SN0116
In Dale Magisterial District, Eric C. Waite and Eddie J.
Espada request conditional use and amendment of zoning
district map to permit a tattoo parlor (to include body
piercing) on .5 acre tract located in a Community Business
(C-3) District fronting 400 feet on the west line of Iron
Bridge Road, at Ironbridge Parkway. Density will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
general industrial use. Tax ID 773-655-8997.
Mr. Michael Janosik presented a summary of Case 11SN0116 and
stated the Planning Commission and staff recommended approval
subject to the conditions. He further stated the proposed use
is representative of and compatible with existing and
anticipated area development.
Eric C. Waite and Eddie J. Espada, the applicants, accepted
the conditions and presented a petition from area business
owners in support of the request.
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In response to Mr. Gecker's question, Mr. Waite stated his
shop is operating as a tattoo supplier to local shops in the
area.
Mr. Gecker called for public comment.
Mr. Taylor Barritt recommended approval of the proposed use.
Mr. Vinny Ferraiolo, owner of the exotic pet shop in the
Watertower Shopping Center, stated his support of the
request.
Mr. Larry Frank supported the request.
Mr. Phil Lohr, resident of the Bermuda District, stated he
does not support the case and believes the tattoo .shop is not
appropriate for the area.
Ms. Judy Stoneman stated surrounding neighborhoods had not
been notified regarding a tattoo parlor. She requested that
the Board deny the request.
Mr. Otto Graff expressed his support of the proposed use.
Reverend Bob Floyd stated his opposition to the case.
Mr. Bill Baker requested that the Board deny the proposal.
Mr. Eddie Espada stated his business and the people
associated with his business are being unfairly judged. He
further that the Board approve his case.
Mr. Jack McHale stated his concerns for lack of notification
of the case. He suggested that the Board remand the case to
the Planning Commission.
There being no one else to address the request, the public
hearing was closed.
Mr. Holland expressed appreciation for all the comments and
emails regarding the case. He stressed the importance of
public notification.
Mr. Holland then made a motion, seconded by Mr. Warren, for
the Board to remand Case 11SN0116 to the Planning Commission.
Ms. Durfee reiterated Mr. Holland's comments for the Planning
Commission to take a closer look at the case.
Ms. Jaeckle stated neighborhoods need to be notified in the
surrounding area. She further stated a tattoo parlor in that
area may not be necessary.
I Mr. Gecker concurred with Mr. Holland that surrounding
communities should be given time for adequate input..
Ms. Durfee stated as a governing body, there is a process the
Board goes through in regards to businesses.
Mr. Gecker called for a vote on the motion of Mr. Holland,
seconded by Mr. Warren, for the Board to remand Case 11SN0116
to the Planning Commission.
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11/17/10
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
18. PUBLIC HEARINGS
18.A. TO CONSIDER AN ORDINANCE TO AMEND THE COUNTY CODE
RELATING TO OPEN BURNING IN CHESTERFIELD COUNTY DURING
PERIODS OF EXTREME FIRE HAZARD
Chief Dawson stated this date and time has been advertised
for a public hearing for the Board to consider amending
Chapter 10, Fire Protection, of the County Code relating to
open burning in Chesterfield County during periods of extreme
fire hazard.
Mr. Gecker called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
Mr. Holland made a motion, seconded by Mr. Warren, 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 SECTION 10-3 RELATING TO
AMENDMENTS TO THE FIRE PREVENTION CODE
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 10-3 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 10-3. Fire prevention code--Amendments, additions and
deletions.
The Virginia Statewide Fire Prevention Code is hereby
amended and changed pursuant to Code of Virginia, § 27-97, in
the following respects:
0 0 0
Chapter 3. General Precautions Against Fire
307.2 Open Burning Regulations. Delete and substitute Section
307.2 as follows:
A. No owner or other person shall cause or permit open
burning or the use of a special incineration device for
disposal of refuse except as provided in this ordinance.
B. No owner or other person shall cause or permit open
burning or the use of a special incineration device for
disposal of household refuse or garbage.
C. No owner or other person shall cause or permit open
burning or the use of a special incineration device for
disposal of rubber tires, asphaltic materials, crankcase
oil, impregnated wood or other rubber or petroleum based
materials except when conducting bona fide fire fighting
instruction at fire fighting training schools having
permanent facilities.
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D. No owner or other person shall cause or permit open
burning or the use of a special incineration device for
disposal of hazardous waste or containers for such
materials.
E. No owner or other person shall cause or permit open
burning or the use of a special incineration device for
the purpose of a salvage operation or for the disposal
of commercial/industrial waste.
F. Open burning or the use of special incineration devices
permitted under the provisions of this ordinance does
not exempt or excuse any owner or other person from the
consequences, liability, damages or injuries which may
result from such conduct; nor does it excuse or exempt
any owner or other, person from complying with other
applicable laws, ordinances, regulations and orders of
the governmental entities having jurisdiction, even
though the open burning is conducted in compliance with
this ordinance. In this regard special attention should
be directed to Code of Virginia, ~ 10.1-1142, of the
Forest Fire Law of Virginia, the regulations of the
Virginia Waste Management Board, and the State Air
Pollution Control Board's Regulations for the Control
and Abatement of Air Pollution.
G. Upon declaration of an alert, warning or emergency stage
of an air pollution episode as described in part VII of
the Regulations for the Control and Abatement of Air
Pollution or when deemed advisable by the state air
pollution control board to prevent a hazard to, or an
unreasonable burden upon, public health or welfare, no
owner or other person shall cause or permit open burning
or use of a special incineration device, and any in
process burning or use of special incineration devices
shall be immediately terminated in the designated air
quality control region.
H. The fire marshal or his designee may prohibit all open
burning with the exception of those exemptions listed in
307.2.1, when he determines that atmospheric conditions
or local circumstances make such fires hazardous.
Previously issued permits may be extended for the amount
of time such prohibition remains in effect.
0 0 0
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
18.B. TO CONSIDER AN ORDINANCE TO AMEND THE COUNTY CODE
RELATING TO EXCEPTIONS TO REQUIRED USE OF COUNTY
WATER AND, WASTEWATER
Mr. Covington stated-this date and time has been advertised
for a public hearing for the Board to consider amending the
County Code relating to exceptions to required use of county
water and wastewater.
Mr. Gecker called for public comment.
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11/17/10
Mr. Greg Shumate stated approval for the ordinance amendment.
There being no one else to speak to the issue, the public
hearing was closed.
Ms. Durfee made a 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 SECTION 18-61 RELATING TO
EXCEPTIONS TO USE OF UTILITY SYSTEMS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 18-61 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 18-61. Exceptions to use of utility systems.
The board of supervisors may grant an exception to the
requirements of section 18-60 when:
(a) A residential structure that is being served by a
well or septic tank is converted to a commercial or
industrial use without being expanded;
(b) A residential structure that is being served by a
well or septic tank is expanded or renovated and the health
department has approved the continued use of the well or
septic tank;
(c) A new residential structure requires an on-site
service line of more than 400 feet; or
(d) The director, the county attorney and the county
administrator have determined that:
(1) Connecting to the utility system is physically
impractical because of topography, conflicts with
other underground utilities, capacity limitations
or other factors which would prevent an extension
of the utility system in accordance with the
Chesterfield County Water and Sewer
Specifications and Procedures Manual and other
county policies and administrative procedures;
(2) The health department has verified in writing
that the owner has met the requirements of this
Code for using a septic system or a well; and
(3) The owner or developer has entered into a written
contract with the county that requires him and
all subsequent owners of the property to connect
to the utility system all structures on the
property that are designed for human occupancy
within 45 days after the director notifies the
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11/17/10
owner or developer in writing that one or more of
conditions (a) and (b) no longer exist. The
director may grant an extension of the 45-day
period of time for connection if the owner
submits proof that it is not possible for him to
connect to the utility system within 45 days.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
18.C. TO CONSIDER FY2011-12 ENHANCEMENT PROJECT
Mr. Golden stated this date and time has been advertised for
a public hearing for the Board to consider the county's
FY2011-12 enhancement project, adopt a resolution of support
for the project and, if awarded, appropriate up to $160,000
in VDOT enhancement revenue.
Ms. Jaeckle expressed her appreciation to Mr. Golden for his
diligence in regards to grants.
Mr. Warren made a motion, seconded by Ms. Durfee, for the
Board to approve the Falling Creek Greenway Project, Phase
IIIA for the FY2011-12 Enhancement Project submission.
And, further, the Board adopted the following resolution:
WHEREAS, in accordance with the Commonwealth
Transportation Board (CTB) construction allocation
procedures, it is necessary that the local governing body
request, by resolution, approval of a proposed enhancement
project .
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Chesterfield County requests the CTB continue
funding for the Falling Creek Greenway, Phase IIIA Project.
AND, BE IT FURTHER RESOLVED that the Board hereby agrees
to pay 20 percent of the total estimated cost of $200,000 for
construction of the Falling Creek Greenway, Phase IIIA
Project, and that, if the Board subsequently elects to
unreasonably cancel this project, the County of Chesterfield
hereby agrees that the Virginia Department of Transportation
will be reimbursed for the total amount of the costs expended
by the Department through the date the Department is notified
of such cancellation.
And, further, the Board approved the appropriation of up to
$160,000 in VDOT Enhancement Program revenue, if the grant is
awarded.
Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee.
Nays: None.
19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
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11/17/10
There were no remaining requests for manufactured home
permits or zoning requests.
20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Dr. Bill Brown addressed the Board relative to electronic
message boards.
21. ADJOURNMENT
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
adjourned at 10:04 p.m. until November 18, 2010 at 6:30 p.m.
for a meeting with .the Chesterfield Business Council at
Ruth's Chris Steak House.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
James J.L tegmai
County Administrator
Daniel A. Gecker
Chairman
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