2011-11-30 MinutesBOARD OF SUPERVISORS
MINUTES
November 30, 2011
Supervisors in Attendance: Staff in Attendance:
Mr. Arthur S. Warren, Chairman Lt. Colonel John Austin,
Ms. Dorothy Jaeckle, Vice Chrm. Police Department
Mr. James Holland Dr. Sheryl Bailey,
Mr. Daniel A. Gecker Deputy County Admin.,
Supervisor Absent: Management Services
Ms. Marleen Durfee Ms. Janice Blakley,
Clerk to the Board
Mr. James J. L. Stegmaier Mr. Clay Bowles, Chief,
County Administrator Administrative Services,
Sheriff' s Office
School Board Members in Ms. Patsy Brown, Dir.,
Attendance: Accounting
Mr. Kevin Bruny, Chief
Ms. Dianne Pettitt, Chairman Learning Officer
Ms. Patricia M. Carpenter, Ms. Debbie Burcham,
Vice Chairman Exec. Dir., Community
Mr. Marshall Trammell, Jr. Services Board
Mr. David Wyman Mr. Allan Carmody, Dir.,
Mr. Omarh Rajah Budget and Management
Ms. Jana Carter, Dir.,
Dr. Marcus Newsome, Juvenile Services
School Superintendent Mr. Roy Covington, Dir.,
Utilities
Legislators in Attendance: Ms. Mary Ann Curtin,
Dir., Intergovtl.
Senator John Watkins Relations
Delegate Roslyn R. Dance Mr. Jonathan Davis, Dir.,
Delegate G. Manoli Loupassi Real Estate Assessments
Delegate R. Lee Ware, Jr. Mr. Will Davis, Dir.,
Delegate Kirk Cox Economic Development
Delegate Betsy. Carr Mr. William Dupler,
Delegate Roxann Robinson Deputy County Admin.,
Delegate Riley Ingram Community Development
Colonel Thierry Dupuis,
Police Department
Mr. Robert Eanes, Asst. to
the County Administrator
Mr. Michael Golden,
Dir., Parks and
Recreation
Mr. John Harmon
Real Property Manager
Ms. Tammy Higgins,
Operations Manager,
Emergency Communications
Center
Mr. Joe Horbal,
Commissioner of Revenue
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Director,
General Services
Mr. Louis Lassiter, Asst.
County Administrator
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Mr. Mike Mabe, Director,
Libraries
Mr. John McCracken,
Dir., Transportation
Mr. Jeffrey L. Mincks,
County Attorney
Mr. Jay Payne, Asst. Dir.,
Administration/Finance
Social Services
Mr. Glen Peterson, Dir.,
Community Correction
Services
Chief Edward Senter,
Fire Department
Ms. Mary Martin-Selby,
Dir., Human Resource
Services
Ms. Sarah Snead, Deputy
County Admin., Human
Services
Mr. Kirk Turner, Dir.,
Planning
Mr. Mike Westfall, Dir.,
Internal Audit
Mr. Rick Witt,
Building Official
Mr. Scott Zaremba, Dir.,
Human Resource Programs
Mr. Warren called the regularly scheduled meeting to order at
3:01 p.m.
1. APPROVAL OF MINUTES FOR NOVEMBER 9, 2011
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
approved the minutes of November 9, 2011, as submitted.
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.B. PRESENTATION OF FY2011 COMPREHENSIVE ANNUAL FINANCIAL
REPORT
Mr. Stegmaier introduced Mr. Rob Churchman, engagement
partner from KPMG, LLP.
Mr. Churchman presented the county's FY2011 Comprehensive
Annual Financial Report to the Board. He stated KPMG has
issued a clean audit opinion on Chesterfield County's CAFR
(Comprehensive Annual Financial Report) meaning the CAFR is
materially correct. He expressed his appreciation to 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 a great performance.
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Mr. Stegmaier recognized members of the Accounting
Department, Budget Department and Internal Audit Department
for their excellent report.
2.A. COUNTY ADMINISTRATOR'S REPORT
• Mr. Stegmaier was pleased to report that the Emergency
Communications Center recently completed a
reaccreditation review with the Commission on
Accreditation for Law Enforcement Agencies (CALEA). He
recognized Ms. Tammy Higgins and Ms. Pamela Cimburke,
representing the Emergency Communications Center and
commended them on their efforts with the reaccreditation
process.
3. BOARD MEMBER REPORTS
Ms. Jaeckle expressed her appreciation for the voters'
support and to her campaign workers for their hard work
during the election. She also announced that she recently
became a grandmother.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Holland, seconded by Mr. Warren, the Board
moved Item 8.C.2., Adoption of the 2012 Legislative Program,
to follow Item 15., Fifteen Minute Citizen Comments Period on
Unscheduled Matters; and replaced Item 8.C.6., Initiate
Applications for Zoning Approval for Mariner Finance, OneMain
Financial, CitiFinancial, and Springleaf Financial to Operate
Consumer Finance Establishments.
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
5. RESOLUTIONS
There were no Resolutions at this time.
6. WORK SESSIONS
There were no Work Sessions at this time.
7. DEFERRED ITEMS
There were no Deferred Items at this time.
8. NEW BUSINESS
8.A. FY2011: A YEAR IN REVIEW
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Mr. Carmody presented the report on FY2011 results of
operations. He stated, while Chesterfield has not been
completely immune to the recent economic woes, the county has
not allowed the downturn or the tepid recovery to impede its
ability to make considerable progress on a host of key
initiatives. He further stated the influx of new investment
and firming of area labor markets - the county's jobless rate
has steadily edged lower over the past 18 months - has led to
a sharp rebound in local consumer confidence. He stated sales
tax receipts from local merchants were up 6.0 percent during
FY2011, marking the county's second highest consumer spending
total on record. He further stated the heightened focus on
efficiency is also reflected in the FY2011 results of
operations; the planned use of prior year savings, derived in
large part from various efficiency measures, has been an
important component of the county's proactive approach to
managing the downturn, and FY2011 was no exception. He stated
the final audit figures revealed a general fund surplus of
approximately $10.9 million. He further stated staff
recommends that the first $5.8 of the $10.9 million surplus
be dedicated for further revenue stabilization, and that the
remaining balance be set aside for repairs to the 2/3 story
public safety building ($4.2 million) for funding the public
safety career development program ($1.0 million). He stated
staff is also recommending that $2.0 million be set aside for
bus purchases, which should help to ease some of the school
division's mounting capital needs and fill in some of the gap
in planned prior-year savings. In closing, he stated the
county has made significant reductions to its workforce since
FY2009 while the demand for programs and services has
continued to rise and undeterred, each employee has risen to
the occasion, absorbed additional duties, and served as the
foundation of Chesterfield's tremendous success.
Mr. Gecker stated he does not feel comfortable making a
recommendation from Budget and Audit due to the current
circumstances that there was not a full committee present.
Ms. Jaeckle stated staff did a great job following the
direction of the Board.
Mr. Holland expressed his appreciation to the Budget and
Audit Committee for their recommendations. He further stated
he looks forward to creating a fund with respect to replacing
fire apparatus. He stated emphasis should be placed on
insuring employee moral continues to be at an all time high.
He requested an update on the status of the ZIP Code and how
that is progressing from a budget prospective.
Mr. Warren stated the Board was very cautious in regards to
spending the surplus at the end of the fiscal year.
In response to Mr. Warren's question, Mr. Carmody stated with
the action the Board took in June, coupled with today's final
report of information, an additional $5.8 million is being
added for revenue stabilization.
Mr. Gecker stated the county has weathered the most difficult
financial period for local government that anyone present
could remember. He further stated before the downturn, the
Board directed staff to take a critical look at programs and
government services to determine if the county was getting a
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good value for the dollar, if the services were worth the
expenditure and if other services were needed for the
citizenry. He stated there has been very little diminution in
citizen services. He further stated Chesterfield County has
maintained an excellent quality of life and quality of
service output throughout this unbelievably bleak financial
period. In regards to county employees, he proudly stated he
was unprepared for the level of excellence he found in the
staff of the county.
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
approved the use of reserves as described in Attachment A,
and appropriated $5.2 million in FY2011 results of operations
and reserved the balance for revenue stabilization each as
described in the agenda item.
Mr. Holland stated the Board will continue to invest in the
citizens of Chesterfield County.
Mr. Warren called for a vote on the motion of Mr. Gecker,
seconded by Ms. Jaeckle, for the Board to approve the use of
reserves as described in Attachment A, and appropriate $5.2
million in FY2011 results of operations and reserve the
balance for revenue stabilization each as described in the
agenda item. (It is noted a copy of Attachment A is filed
with the papers of this Board.)
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
Mr. warren stated the county made the necessary changes early
in the economic downturn.
8.B. STREETLIGHT COST APPROVALS
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the following streetlights in the Bermuda District:
• In the Warfield Estates Subdivision, at the intersection
of Warfield Ridge Drive and Warfield Ridge Terrace
Cost to install streetlight: $2,386.72
• In the Brynmore Subdivision,
Crooked Branch Terrace
Cost to install streetlight:
in the vicinity of 10419
$1,048.99
• In the Brymore Subdivision, in the vicinity of 10418
Brynmore Drive
Cost to install streetlight: $1,090.89
• In the Bermuda Place Subdivision in the vicinity of
13404 Bermuda Place Drive
Cost to install streetlight: $498.70
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
8.C. CONSENT ITEMS
8.C.1. AUTHORIZE THE APPROPRIATION OF GRANT FUNDS AWARDED BY
THE BUREAU OF JUSTICE ASSISTANCE FOR PAYMENT TO
LOCALITIES FOR INCARCERATING UNDOCUMENTED CRIMINALS
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On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
appropriated $171,256 from the Bureau of Justice Assistance
to partially offset the cost of housing undocumented
criminals in the Chesterfield County Jail.
Ayes: Warren, Jaeckle, Holland and Decker.
Nays: None.
Absent: Durfee.
8.C.3. SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDING THE
LEASE OF REAL PROPERTY AT THE LOWE'S ATHLETIC COMPLEX
FOR THE OPERATION OF SOCCER AND OTHER PROGRAMS WITH
CHESTERFIELD UNITED SOCCER CLUB
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
set December 14, 2011, as the date for a public hearing to
consider amending the lease of real property at the Lowe's
Athletic Complex for the operation of soccer and other
programs with Chesterfield United Soccer Club.
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
8.C.4. APPROPRIATION OF DEVELOPER CONTRIBUTIONS FOR THE PORT
WALTHALL DRIVE EXTENSION ECONOMIC DEVELOPMENT ACCESS
PROJECT
On motion of Mr. Holland, seconded by Ms. Jaeckle, the
Board appropriated an additional $40,000 in potential
developer contributions for the Port Walthall Drive
Extension Economic Development Access Project.
Ayes: Warren, Jaeckle, Holland and Decker.
Nays: None.
Absent: Durfee.
8.C.5. AWARD CONSTRUCTION CONTRACT TO J. W. ENOCHS,
INCORPORATED FOR MAINTENANCE AND REPAIRS OF THE 1917
COURTHOUSE AND TRANSFER OF FUNDS FROM THE MAJOR
MAINTENANCE CIP FOR THE PROJECT
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
authorized the County Administrator to execute a construction
contract with J.W. Enochs, Incorporated, in the amount of
$711,500 for the maintenance and repairs of the 1917
Courthouse, and transferred funds in the amount of $335,000
from the Buildings and Grounds Major Maintenance CIP to the
1917 Courthouse Project.
Ayes: Warren, Jaeckle, Holland and Decker.
Nays: None.
Absent: Durfee.
8.C.6. INITIATE APPLICATIONS FOR ZONING APPROVAL FOR MARINER
FINANCE, ONEMAIN FINANCIAL AND SPRINGLEAF FINANCIAL
TO OPERATE CONSUMER FINANCE ESTABLISHMENTS
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On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
initiated applications for zoning approval (conditional use
planned development, or amendment to previous zoning
approval) to allow eight existing consumer finance
establishments, and appointed Kirkland Turner, Director of
Planning, as agent for these applications. (The descriptions
of each site and the necessary zoning actions to be initiated
are filed with the papers of this Board.)
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
8.C.7.
TO PERMIT A PRIVATE MUSEUM IN AN AGRICULTURAL (A)
ZONING DISTRICT FOR PROPERTY LOCATED ON COUNTY LINE
INITIATE AN APPLICATION FOR CONDITIONAL USE APPROVAL
ROAD
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
initiated an application for conditional use to permit a
private museum at 1611 County Line Road (Tax ID 704-700-
3328), in an Agricultural (A) zoning district, and appointed
Kirkland Turner, Director of Planning, as agent for the Board
of Supervisors for the purposes of this application and
waived disclosure.
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
8.C.8. STATE ROAD ACCEPTANCES
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Kingsland Glen Drive
Type Change to the Secondary System of State Highways:
Addition
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Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Street Name and/or Route Number
• Kingsland Glen Drive, State Route Number 5445
From: 0.07 miles West of Ironbridge Road, (Route 10)
To: 0.13 miles West of Ironbridge Road, (Route 10), a
distance of: 0.06 miles.
Recordation Reference: Db. 8347, Pg. 521
Right of Way width (feet) = var
• Kingsland Glen Drive, State Route Number 5445
From: Ironbridge Road, (Route 10)
To: 0.07 miles West of Ironbridge Road, (Route 10), a
distance of: 0.07 miles.
Recordation Reference: Db. 8347, Pg. 521
Right of Way width (feet) = var
• Crosswinds Boulevard, State Route Number 7594
From: Kingsland Glen Drive, (Route 5445)
To: Temp end of maintenance, a distance of: 0.02 miles.
Recordation Reference: Db. 8347, Pg. 521
Right of Way width (feet) = var
• Kingsland Glen Drive, State Route Number 5445
From: 0.23 miles West of Ironbridge Road, (Route 10)
To: Crosswinds Boulevard, (Route 7594), a distance of:
miles.
Recordation Reference: Db. 8347, Pg. 521
Right of Way width (feet) = var
• Kingsland Glen Drive, State Route Number 5445
From: Crosswinds Boulevard, (Route 7594)
To: Temp end of maintenance, a distance of: 0.02 miles.
Recordation Reference: Db. 8347, Pg. 521
Right of Way width (feet) = var
• Kingsland Glen Drive, State Route Number 5445
From: 0.13 miles West of Ironbridge Road, (Route 10)
To: 0.23 miles West of Ironbridge Road, (Route 10), a
distance of: 0.10 miles.
Recordation Reference: Db. 8347, Pg. 521
Right of Way width (feet) = 70
And, further, the Board adopted the following resolution:
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WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
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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 12; remainder of
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
• Fulbrook Drive, State Route Number 7590
From: Ashwell Drive, (Route 5843)
To: Kelham Road, (Route 7591), a distance of: 0.04 miles.
Recordation Reference: Pb. 178, Pg. 45
Right of Way width (feet) = 44
• Kelham Road, State Route Number 7591
From: Fulbrook Drive, (Route 7590)
To: Temp end of maintenance, a distance of: 0.05 miles.
Recordation Reference: Pb. 178, Pg. 45
Right of Way width (feet) = 44
• Fulbrook Drive, State Route Number 7590
From: Kelham Road, (Route 7591)
To: Sodbury Drive, (Route 7494), a distance of: 0.15 miles.
Recordation Reference: Pb. 178, Pg. 45
Right of Way width (feet) = 44
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
8.C.9.
JONES, POLICE DEPARTMENT, UPON HER RETIREMENT
ADOPTION OF RESOLUTION RECOGNIZING MRS. ROSE R.
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Mrs. Rose R. Jones retired from the
Chesterfield County Police Department on November 1, 2011,
after providing more than 30 years of outstanding quality
service to the citizens of Chesterfield County; and
WHEREAS, Mrs . Jones has faithfully served the county in
the capacities of Clerk Typist III, Emergency Services
Dispatcher, Senior Emergency Services Dispatcher, Assistant
Communications Shift Supervisor, Communications Shift
Supervisor and Police Records Supervisor; and
WHEREAS, due to her dedication to duty and work ethic,
Mrs. Jones was selected as the 1987 Dispatcher of the Year;
and
WHEREAS, Mrs. Jones and her fellow Records Unit
employees received a Unit Citation Award for displaying a
high level of productivity while operating under challenging
staffing conditions, when due to their professionalism,
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dedication and diligence, the Records Section maintained an
accuracy rate exceeding 99.7 percent during FY2004; and
WHEREAS, Mrs. Jones is a Department of Criminal Justice
Certified Instructor, as well as a VCIN (Virginia Criminal
Information Network) Certified Instructor, and she has been
instrumental in the VCIN certification and recertification
process for all VCIN users of the Chesterfield County Police
Department, as well as outside agencies; and
WHEREAS, the Records Unit was the recipient of a Unit
Citation Award for the outstanding results of four separate
audits, which were conducted by the FBI, Virginia State
Police, and the LInX Board, after the Records Unit had an
amazing 99% accuracy rating for incident and arrest reporting
and it was noted that the "agency's overall performance
significantly exceeded the results of other VCIN agencies in
the management of NCIC/VCIN operations"; and
WHEREAS, Mrs. Jones is recognized for her communications
and human relations skills, which she has utilized to provide
outstanding customer service to both internal and external
customers of Chesterfield County; and
WHEREAS, Mrs. Jones has received numerous letters of
commendation, thanks and appreciation for service rendered;
and
WHEREAS, Mrs. Jones has provided the Chesterfield County
Police Department with many years of loyal and dedicated
service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Mrs. Jones' diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mrs. Rose R. Jones,
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.
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
8.C.10. ACCEPTANCE OF PARCELS OF LAND ALONG ARROWFIELD ROAD
FROM GERALD R. WHITE AND JANET P. WHITE
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
accepted the conveyance of parcels of land containing a total
of 0.047 acres along Arrowfield Road from Gerald R. White and
Janet P. White, and authorized the County Administrator to
execute the deed. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
8.C.11. REQUESTS FOR PERMISSION
8.C.ll.a. FROM BON SECOURS-RICHMOND HEALTH SYSTEM FOR A
PROPOSED SIGN TO ENCROACH WITHIN TWO EASEMENTS
ACROSS ITS PROPERTY
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On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
granted Bon Secours-Richmond Health System permission for a
proposed sign to encroach within a variable width sewer and
water easement and a variable width SWM/BMP easement across
its property, subject to the execution of a license agreement
and plan approval. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
8.C.ll.b. FROM WILLIAM A. BOSWELL, SR. AND AMY L.BOSWELL FOR
A GRAVEL DRIVEWAY TO ENCROACH WITHIN AN UNIMPROVED
COUNTY RIGHT OF WAY OFF OF WEST PROVIDENCE ROAD
On motion Mr. Holland, seconded by Ms. Jaeckle, the Board
granted William A. Boswell, Sr. and Amy L. Boswell permission
for a gravel driveway to encroach within a 50' unimproved
county right of way off of West Providence Road, subject to
the execution of a license agreement . ( It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
8.C.li.c. FROM MICHELE CALANDRA FOR PORTION OF A DECK
LANDING AND STEPS FOR UNIT 9, PHASE II, BOYCE'S
COVE TO ENCROACH WITHIN A SEWER EASEMENT
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
granted Michele Calandra permission for portion of a desk
landing and steps for Unit 9, Phase II, Boyce's Cove to
encroach within a 16' sewer easement, subject to the
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
8.C.ll.d. FROM MOON WON SEO FOR AN EXISTING FENCE TO
ENCROACH WITHIN TWO EASEMENTS ACROSS LOT 33,
BERKLEY VILLAGE, SECTION A AT CHARTER COLONY
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
granted Moon Won Seo permission for an existing fence to
encroach within an 8' easement and a 16' drainage easement
across Lot 33, Berkley Village Section A at Charter Colony,
subject to the execution of a license agreement. (It is noted
a copy of the plat is filed with the papers of this Board.)
Ayes: Warren, ,Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
8.C.12. DESIGNATION OF A SIGHT DISTANCE EASEMENT FOR
VIRGINIA DEPARTMENT OF TRANSPORTATION MAINTENANCE
ALONG CHESTER VILLAGE DRIVE
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On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
designated a sight distance easement for VDOT maintenance
along Chester Village Drive and authorized the County
Administrator to execute the. declaration. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
8.C.13. CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND
POWER COMPANY TO PROVIDE SERVICE TO TRAILERS AT
ELIZABETH SCOTT ELEMENTARY SCHOOL
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an agreement with Virginia
Electric and Power Company for a 15' underground easement
across Elizabeth Scott Elementary School property at 813
Beginners Trail Lane. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
8.C.14. REQUEST TO QUITCLAIM WATER EASEMENTS ACROSS THE
PROPERTY OF GRCRE, LLC AND TCC, LLC
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate
10' and 16' water easements across the property of GRCRE, LLC
and TCC, LLC. (It is noted a copy of the plat is filed with
the papers of this Board.)
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
8.C.15. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
BERMUDA, CLOVER HILL, DALE AND MATOACA DISTRICT
IMPROVEMENT FUNDS TO VIRGINIA STATE UNIVERSITY FOR
ITS SCHOLARSHIP PROGRAM
On motion of Mr. Holland, seconded by, the Board transferred
a total of $2,500 in District Improvement Funds ($500 each
from Bermuda, Clover Hill, and Dale and $1,000 from Matoaca)
to Virginia State University for its scholarship program.
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
Mr. Warren recognized Mr. Steve Elswick, newly elected
Matoaca District Supervisor, who was in the audience.
9. REPORTS
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9.A.
REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FiiTIIRE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
9.C.
LENGTH
0.08 miles
0.04 miles
0.46 miles
0.04 miles
0.11 miles
0.19 miles
0.05 miles
LEASE PURCHASES
SYSTEM
REPORT ON ROADS ACCEPTED INTO THE_STATE SECONDARY
On motion of Mr. Holland, seconded by Ms. Jaeckle, 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.
And, further, the following roads were accepted into the
State Secondary System:
T T1T1 T'1' T (li~T
Abbey Village
(Effective 10/24/2011)
Abbey Village Circle (Route 7566) - From,
Manders Drive (Route 7104) to Abbey Village
Circle (Route 7566)
Abbey Village Circle (Route 7566) - From
Abbey Village Circle (Route 7566) to Abbey
Village Drive (Route 7565)
Abbey Village Circle (Route 7566) - From
Abbey Village Drive (Route 7565) to Abbey
Village Circle (Route 7566)
Abbey Village Drive (Route 7565) - From
Coalfield Road (Route 754) to Abbey Village
Circle (Route 7566)
Branch's Bluff 1
(Effective 10/20/2011)
Birch's Bluff Road (Route 7557) - From Pillow
Bluff Lane (Route 7556) to Proctors Bluff Lane
(Route 7558)
Birch's Bluff Road (Route 7557) - From Proctors
Bluff Lane (Route 7558) to Branchs Woods Lane
(Route 7559)
Branchs Bluff Drive (Route 7554) - From
Hopkins Road (Route 637) to Proctors Run
Drive (Route 7555)
Branchs Woods Lane (Route 7559) - From Birchs
Bluff Road (Route 7557) to cul-de-sac
Branchs Woods Lane (Route 7559) - From
Birchs Bluff Road (Route 7557) to temporary
end of maintenance
Pillow Bluff Lane (Route 7556) - From Birch's
Bluff Road (Route 7557) to cul-de-sac
0.06 miles
0.02 miles
0.04 miles
11-662
Pillow Bluff Lane (Route 7556) - From Proctors
Run Drive (Route 7555) to Birch's Bluff Road
(Route 7557)
Proctors Bluff Lane (Route 7558) - From
Birch's Bluff Road (Route 7557) to end of
maintenance
Proctors Bluff Lane (Route 7558) - From
Birch's Bluff Road (Route 7557) to cul-de-sac
Proctors Run Drive (Route 7555) - From
Pillow Bluff Lane (Route 7556) to Branchs
Bluff Drive (Route 7554)
Proctors Run Drive (Route 7555) - From
Branchs Bluff Drive (Route 7554) to 0.02
Miles South of Branchs Bluff Drive
(Route 7554)
Proctors Run Drive (Route 7555) - From
Evelake Road (Route 1478) to Pillow Bluff
Lane (Route 7556)
Cambria Cove
(Effective 10/31/2011)
Cambria Cove Boulevard (Route 7568) - From
Island Park Court (Route 7569) to temporary
end of maintenance
Cambria Cove Boulevard (Route 7568) - From
Water Overlook Boulevard (Route 7567) to
Island Park Court (Route 7569)
Island Park Court (Route 7569) - From
Cambria Cove Boulevard (Route 7568) to
cul-de-sac
Water Overlook Boulevard (Route 7567) - From
Genito Road (Route 604) to Cambria Cove
Boulevard (Route 7568)
Water Overlook Boulevard (Route 7567) - From
Cambria Cove Boulevard (Route 7568) to
cul-de-sac
Kings Grove Section 2
(Effective 10/25/2011)
Kings Crest Court (Route 7534) - From Kings
Crest Drive (Route 7533) to cul-de-sac
Kings Crest Drive (Route 7533) - From Cogbill
Road (Route 638) to Kings Crest Court
(Route 7534)
Kings Crest Drive (Route 7533) - From Kings
Crest Place (Route 7535) - to cul-de-sac
Kings Crest Drive (Route 7533) - From Kings
Crest Court (Route 7534) to Kings Crest Place
0.05 miles
0.03 miles
0.03 miles
0.05 miles
0.02 miles
0.06 miles
0.04 miles
0.18 miles
0.13 miles
0.10 miles
0.09 miles
0.07 miles
0.04 miles
0.24 miles
11-663
(Route 7535) 0.05 miles
Kings Crest Place (Route 7535) - From.
Kings Crest Drive (Route 7533) to cul-de-sac 0.04 miles
Woolridge Road Reservoir Causewa
(Effective 10/31/2011)
Woolridge Road (Route 668) - From 0.12 miles
North of Crown Point Road (Route 3699) to
0.32 miles North of Crown Point Road
(Route 3699) 0.20 miles
Woolridge Road (Route 668) - From 0.32 miles
North of Crown Point Road (Route 3699)
to 0.44 miles North of Crown Point Road
(Route 3699) 0.12 miles
Woolridge Road (Route 668) - From 0.44 miles
North of Crown Point Road (Route 3699) to 0.52
miles North of Crown Point Road (Route 3699) 0.08 miles
Woolridge Road (Route 668) - From 0.52 miles
North of Crown Point Road (Route 3699) to
Genito Road (Route 604) 0.13 miles
Woolridge Road (Route 668) - From Crown Point
Road (Route 3699) to 0.12 miles North of
Crown Point Road (Route 3699) 0.12 miles
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Vince Burgess, At-large member of the Chesterfield
Community Services Board, expressed his appreciation for the
Board's action that was taken to move forward on the 1St phase
of the ICF-MR design.
Ms. Jaeckle expressed her appreciation to the Community
Services Board for providing information in regards to the
ICF-MR.
Mr. David Fisk, Executive Director of the Richmond Symphony,
expressed appreciation for the Board's past support.
Mr. Warren commended Mr. Fisk on his performances on many
different occasions.
Ms. Jaeckle also commended Mr. Fisk on his efforts in getting
the children involved in the Symphony's programs.
Mr. Stephen Kline expressed concerns regarding motor vehicle
registration fees administered by the county.
Mr. Warren stated the County Administrator will look into the
matter and respond accordingly.
11-664
11. DINNER
On motion of Holland, seconded by Jaeckle, the Board recessed
to the Eanes-Pittman Public Safety Training Center for a
dinner meeting with members of the County's Legislative
Delegation and the School Board.
Ayes: Warren,
Nays: None.
Absent: Durfee.
RECONVENING:
Jaeckle, Holland and Gecker.
Mr. Warren thanked members of the legislative delegation and
members of the School Board for meeting with the Board of
Supervisors.
Mr. Stegmaier made a presentation entitled "The Road Ahead."
To summarize, he stated Chesterfield chose to address the
economic downturn early and aggressively; the county employed
a wide range of creative solutions and has been able to
preserve service levels and even make progress on several key
initiatives; serious local risks remain and additional
external shocks will impact service quality; and state and
local government should work together on shared concerns. He
fu~y~ther stated the county has demonstrated the ability to
operate efficiently and be successful, despite uncertainty.
Dr. Newsome presented information relative to Chesterfield
County's commitment to education, which includes educating
every student, uplifting the community and future success. He
stated Chesterfield County Public Schools has a reputation
for excellence. He reviewed legislative priorities for FY2013
to include opposing any new unfunded mandates; maximizing
discretion in developing strategies for budget decisions; and
flexibility in or relaxation of mandates.
Discussion ensued relative to unfunded state mandates and
state cost shifting to localities; opportunities for
additional transportation funding; and reductions to
education spending.
Mr. Warren expressed appreciation to the members of the
delegation for attending the meeting and for their
contributions to the community and constituents.
It was generally agreed to recess to the Public Meeting Room
to continue the regularly scheduled meeting.
RECONVENING:
12. INVOCATION
Mr. Allan Carmody, Director of Budget and Management, gave
the invocation.
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13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Retired U.S. Marine Corps Major Don Kappel led the Pledge of
Allegiance
14. RESOLUTIONS
There were no Resolutions at this time.
15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Ralph Carter addressed the Board relative to sustainable
development and Agenda 21.
Mr. Freddy Boisseau addressed the Board relative to issues
related to the Comprehensive Plan.
8.C.2.
ADOPTION OF 2012 LEGISLATIVE PROGRAM
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the 2012 Legislative Program, a copy which is filed
with the papers of this Board.
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTION 18
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
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 ordinances or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for community mixed
use. Tax IDs 774-657-2272 and 4874.
Mr. Turner presented a summary of Case lOSN0274 and stated
the Planning Commission recommended denial under the former
EMC policy, and staff recommended approval subject to the
condition and proffered condition.
Mr. Bob Schrum accepted the recommendation of staff.
Mr. warren called for public comment.
Mr. Paul Grasewicz spoke. in favor. He stated the applicant is
in full compliance with the new policy changes.
11-666
There being no one else to speak to the request, the public
hearing was closed.
Ms. Jaeckle stated since the new electronic message sign
policy has changed dramatically, she would like to remand the
proposal back to the Planning Commission for public input.
In response to Ms. Jaeckle's comments, Mr. Schrum stated
nothing will be changed architecturally to the sign.
Ms. Jaeckle made a motion, seconded by Mr. Gecker for the
Board to remand Case lOSN0274 to the Planning Commission.
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
11SN0251
In Midlothian Magisterial District, Village Associates LLC
requests conditional use planned development approval and
amendment of zoning district map to permit an off-track
betting facility in a Community Business (C-3) District on 5
acres fronting 60 feet on the east line of Mount Pisgah
Drive, 300 feet north of Midlothian Turnpike. Density will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
village shopping district. Tax ID 731-708-4522.
Mr. Turner presented a summary of Case 11SN0251 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Ms. Carrie Coyner, representing the applicant, asked for
approval of the request. She stated the restaurant is located
within a shopping center and a petition was signed by all
businesses that are located in the shopping center, either in
support or with no opinion. She further stated there was no
community opposition.
Mr. Warren called for public comment.
There being no one to speak to. the request, the public
hearing was closed.
Mr. Gecker stated the off-track betting facility, limited to
advanced deposit account wagering, is planned in an existing
business in an existing shopping center.
Mr. Gecker then made a motion, seconded by Ms. Jaeckle, for
the Board to approve Case 11SN0251 and accept the following
proffered conditions:
The Applicant in this zoning case, pursuant to Section 15.2-
2298 of the Code of Virginia (1950 as amended) and the Zoning
Ordinance of Chesterfield County, for itself and its
successors or assigns, proffers that the development of the
property in Chesterfield County with Tax ID 731-708-4522 will
be developed as set forth below; however, in the event the
request is denied or approved with conditions not agreed to
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by the Applicant, these proffers and conditions shall be
immediately null and void and of no further force or effect.
1. This conditional use planned development approval
shall be granted to Village Associates, LLC for
the benefit of Diamond Billiards, LLC only, and
shall not be .transferable or run with the land.
(P)
2. This conditional use planned development approval
shall be limited to the operation of an off-track
betting facility which allows advanced deposit
account wagering (as defined in the Code of
Virginia) only, and as an accessory use to the
billiards and restaurant business located at 13184
Midlothian Turnpike. (P)
3. There shall be no signs identifying this use
visible from the exterior of the building. (P)
4. This use shall be located internal to the primary
structure occupied by the billiards and restaurant
business and shall not have separate exterior
access to the public. (P)
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
~~cNniia
In Midlothian Magisterial District, Thomas F. Kern, Jr.
requests amendment of conditional use planned development
(Case 03SN0246) and amendment of zoning district map relative
to phasing of road improvements in a Light Industrial (I-1)
District on 20.9 acres fronting the northern terminus of
Walmart Way, north of Midlothian Turnpike. Density will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
medium density residential use of 1.51 to 4.0 units/acre and
passive recreation/conservation. Tax IDs 734-709-7749; 735-
709-0665; 735-710-0007,-3809 and 7711.
Mr. Turner presented a summary of Case 12SN0114 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered condition.
Ms. Carrie Coyner, representing the applicant, asked for
approval of the request. She stated this case was deferred to
explore any impacts of the proposed loop road phasing on the
surrounding neighborhoods. She further stated the loop road
would be completed in sections prior to the issuance of
occupancy permits within each of the three phased tracts.
Mr. Warren called for public comment.
Mr. Tyler Whately stated he opposes the request and would
prefer it remain residential or that the setback from Old
Buckingham Road be increased.
Ms. Elizabeth Arnold expressed concerns relative to long-term
impacts on the current residential area.
11-668
There being no one else to speak to the request, the public
hearing was closed.
Ms. Coyner stated the typical setback from the adjacent
property would be twenty feet and there is a forty foot
condition for a setback and a tree preservation area.
Mr. Gecker stated the property is already zoned for
commercial use. He further stated there does not seem to be
reason to build a full road at this point.
Mr. Gecker then made a motion, seconded by Mr. Holland, for
the Board to approve Case 12SN0114 and accept the following
proffered condition:
The Owner-Applicant in this zoning case, pursuant to Section
15.2-2298 of the Code of Virginia (1950 as amended) and the
zoning Ordinance of Chesterfield County, for itself and its
successors or assigns, proffers that the development of the
property as included in Zoning Case 12SN0114 will be
developed as set forth below; however, in the event the
request is denied or approved with conditions not agreed to
by the Owner-Applicant, these proffers shall be immediately
null and void and of no further force or effect.
Prior to issuance of an occupancy permit within each of
the three tracts, Tracts A, B or C, as identified on the
phasing plan titled "Phasing Plan for Walmart Way" dated
August 25, 2011 the entire section of the proposed
Walmart Way (designated as a special access street
pursuant to Section 19-505 (b) of the Zoning Ordinance)
within that specific tract shall be constructed to VDOT
standards and accepted for State maintenance, as
determined by the Transportation Department. (T)
(Staff Note: This condition supersedes Condition 12.c of
Case 03SN0246 for the request property. With the
exception of Condition 12.c, all other conditions of
Case 03SN0246 shall remain in effect.)
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
115N0252
In Bermuda Magisterial District, Murphy's Law Billiards &
Sports Pub requests conditional use planned development
approval and amendment of zoning district map to permit an
off-track betting facility in a Neighborhood Business (C-2)
District on 5.2 acres fronting two feet on the east line of
Iron Bridge Road at its intersection with Chesterfield
Meadows Drive, also fronting 650 feet on the south line of
Chesterfield Meadows Drive, 120 feet west of Memory Lane.
Density will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for community mixed use. Tax ID 773-660-8800.
Mr. Turner presented a summary of Case 11SN0252 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Ron Judy accepted the recommendation.
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Mr. Warren called for public comment.
There being no one to speak to the request, the public
hearing was closed.
Ms. Jaeckle made a motion, seconded by Mr. Holland, for the
Board to approve Case 11SN0252 and accept the following
proffered conditions:
1. This conditional use planned development approval
shall be granted to and for Murphy's Law Billiards
& Sports Pub only, and shall not be transferable
or run with the land. (P)
2. This conditional use planned development approval
shall be limited to the operation of an off-track
betting facility which allows advanced deposit
account wagering (as defined in the Code of
Virginia) only, and as an accessory use to the
billiards and sports pub business located at 6411
Chesterfield Meadows Drive. (P)
3. There shall be no signs identifying this use
visible from the exterior of the building. (P)
4. This use shall be located internal to the primary
structure occupied by the billiards and sports pub
business and shall not have separate exterior
access to the public. (P)
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
12SN0116
In Dale Magisterial District, Jack R, Wilson, III requests
conditional use approval and amendment of zoning district map
to permit a child care center in Agricultural (A) and Light
Industrial (I-1) Districts on 24.3 acres located in the
southwest corner of Court Yard and Iron Bridge Roads. Density
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for community mixed and general industrial uses.
Tax IDs 773-657-4168-00001 and 00002.
Mr. Turner presented a summary of Case 12SN0116 and stated
both the Planning Commission and staff recommended approval
subject to the conditions.
Mr. Jack Wilson accepted the conditions.
Mr. Warren called for public comment.
There being no one to speak to the request, the public
hearing was closed.
Mr. Holland made a motion, seconded by Mr. warren, for the
Board to approve Case 12SN0116, subject to the following
conditions:
1. Except where the requirements of the underlying
Agricultural (A) zoning district are more
restrictive, any new development for child day
care use shall conform to the requirements of the
Zoning Ordinance for commercial uses in Emerging
Growth Areas, excluding buffer requirements. (P)
11-670
2. There shall be no active playfields, courts or
similar active recreational facilities which could
accommodate organized sports such as football,
soccer, basketball, etc. (P)
3. Any playground areas shall be located a minimum of
forty (40) feet from all property lines. Within
this setback, existing vegetation shall be
supplemented, where necessary, with landscaping or
other devices designed to achieve the buffering
standards contained in Section 19-522 (a)(1) of
the Zoning Ordinance. (P)
(NOTE: These conditions would not apply to any permitted
use, such as a church, on the property.)
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
125N0117
In Bermuda Magisterial District, Smith Iron and Metal Co.,
Inc. requests conditional use approval and amendment of
zoning district map to permit a marine terminal in a Heavy
Industrial (I-3) District on 32.3 acres fronting 60 feet on
the north line of Bellwood Road, 250 feet west of the
southern terminus of Bellwood Road. Density will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
industrial use. Tax IDs 798-678-0246 and 7143.
Mr. Turner presented a summary of Case 12SN0117 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered condition.
Mr. Charles Smith accepted the recommendation.
Mr. Warren called for public comment.
There being no one to speak to the request, the public
hearing was closed.
Ms. Jaeckle made a motion, seconded by Mr. Holland, for the
Board to approve Case 12SN0117 and accept the following
proffered condition:
Prior to site plan approval or within sixty (60) days of
a written request by the Transportation Department,
whichever occurs, first, thirty-five (35) feet of right-
of-way, measured from the centerline of Bellwood Road
shall be dedicated, free and unrestricted, to and for
the benefit of Chesterfield County. (T)
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
12SN0121
In Clover Hill Magisterial District, Clover Hill Baptist
Church requests conditional use approval and amendment of
zoning district map to permit a child care center in an
Agricultural (A) District on 10 acres known as 3100 Old
Courthouse Road. Density will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
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suggests the property is appropriate for industrial use. Tax
ID 747-688-5828.
Mr. Turner presented a summary of Case 12SN0121 and stated
both the Planning Commission and staff recommended approval
subject to the conditions.
Ms. Bernice Whitely accepted the conditions.
Mr. Warren called for public comment.
There being no one to speak to the request, the public
hearing was closed.
Mr. warren made a motion, seconded by Mr. Holland, for the
Board to approve Case 12SN0121, subject to the following
conditions:
1. The child care center shall only be permitted in
conjunction with the church use. (P)
2. Except where the requirements of the underlying
Agricultural (A) zoning district are more
restrictive, any new development for the child
care shall conform to the requirements of the
Zoning Ordinance for commercial uses in Emerging
Growth Area, excluding buffer requirements. (P)
3. Any playground areas shall be located a minimum of
forty (40) feet from all property lines. Within
this setback, existing vegetation shall be
supplemented, where necessary, with landscaping or
other devices designed to achieve the buffering
standards contained in Section 19-522 (a)(1) of
the Zoning Ordinance. (P)
Ayes: Warren, Jaeckle,
Nays: None.
Absent: Durfee.
125N0124
Holland and Gecker.
In Clover Hill Magisterial District, GSW, Inc. requests
rezoning and amendment of zoning district map from
Agricultural (A) to Community Business (C-3) on 1.7 acres
fronting 200 feet on the south line of Genito Road, 990 feet
west of Hull Street Road. Density will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for office use. Tax
ID 742-684-8825.
Mr. Turner presented a summary of Case 12SN0124 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Christopher Mulligan accepted the recommendation.
Mr. Warren called for public comment.
There being no one to speak to the request, the public
hearing was closed.
11-672
Mr. Warren made a motion, seconded by Mr. Holland, for the
Board to approve Case 12SN0124 and accept the following
proffered conditions:
1.
2.
Access: There shall be no direct vehicular access
from the property off Genito Road. (T)
permitted:
Permitted Uses: The
A.
B.
Ayes: Warren,
Nays: None.
Absent: Durfee.
12SN0136
following uses shall be
Contractors' offices and display rooms.
Uses permitted by right or with restrictions
in the Corporate Office (O-2) District.
Jaeckle, Holland and Gecker.
In Bermuda Magisterial District, Virginia Electric and Power
Company requests conditional use approval and amendment of
zoning district map to permit an electric power generation
plant plus a conditional use planned development to permit
exceptions to Ordinance requirements in a Heavy Industrial
(I-3) District on 233 acres located in the northeast corner
of Coach Road and Battery Brooke Parkway. Density will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
industrial use. Tax IDs 801-670-2095 and 803-669-Part of
0332.
Mr. Turner presented a summary of Case 12SN0136 and stated
both the Planning Commission and staff recommended approval
subject to the conditions.
Mr. Warren read the following statement: In my position as
Assistant Director of the Preparedness Division and Manager
of the Radiological Emergency Response Planning Program for
the Virginia Department of Emergency Management, I work in
the capacity with Dominion Virginia Power Company on a daily
basis. I have no financial relationship with Dominion
Virginia Power, nor can Dominion Virginia Power influence or
affect my position or salary with my employer. I have been
advised that I do not legally have a conflict of interest
under state law to participate in this zoning case; however,
I am concerned that my frequent professional dealings with
Dominion Virginia Power could raise an appearance of
impropriety if I do participate. And, for that reason I am
declaring a conflict and will not participate in this case
and I turn over the gavel to the Vice Chairman.
Mr. Warren then excused himself from the meeting.
Mr. John Ragone, representing the applicant, accepted the
conditions.
Ms. Jaeckle called for public comment.
There being no one to speak to the request, the public
hearing was closed.
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Ms. Jaeckle made a motion, seconded by Mr. Holland, for the
Board to approve Case 12SN0136, subject to the following
conditions:
1. Master Plan. The Textual Statement dates August 26,
2011 and revised September 20, 2011 shall be
considered the Master Plan. (P)
2. Public Water and Sewer.
A. The public water and wastewater systems shall
be required for domestic use only, except for
construction offices.
B. No use of public water shall be required for
industrial processes or plant operations. (U)
3. Environmental Engineering. With the exception of
timbering which has been approved by the Virginia
State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering until a land disturbance permit has been
obtained from the Environmental Engineering
Department and the approved devices have been
installed. (EE)
Ayes: Jaeckle, Holland and Gecker.
Nays: None.
Absent: Warren and Durfee.
12SN0113
In Matoaca Magisterial District, Emmett Burton, IV requests
conditional use approval and amendment of zoning district map
to permit the parking of a commercial vehicle (tow truck)
incidental to a dwelling in a Residential (R-88) District on
1.5 acres known as 5206 Thornwood Court. Density will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
residential use of 1-5 acre lots; suited to R-88 zoning. Tax
ID 786-628-8303.
Ms. Darla Orr presented a summary of Case 12SN0113 and stated
this case was deferred from the October Board of Supervisors
meeting. She further stated no one spoke in opposition to the
request at the hearing. She stated that the Planning
Commission recommended approval and acceptance of the
proffered conditions but staff recommended denial as outlined
in the staff report.
Mr. Holland stated he is prepared to recommend approval on
behalf of the Matoaca Supervisor.
Mr. Emmett Burton accepted the recommendation.
Ms. Jaeckle called for public comment.
There being no one to speak to the request, the public
hearing was closed.
11-674
In response to Ms. Jaeckle's question, Mr. Burton confirmed
he is prepared to gravel the section of the rear year where
the vehicle will be parked.
Mr. Warren returned to the meeting.
Mr. Holland made a motion, seconded by Ms. Jaeckle, for the
Board to approve Case 12SN0113 and accept the following
proffered conditions:
1. This conditional use shall be granted to Emmett
Burton, IV exclusively and shall not be
transferred or run with the land. (P)
2. This conditional use shall be limited to the
parking of the commercial vehicle (flat bed
wrecker) only and shall not permit storage of
disabled, wrecked or junked vehicles on the
commercial vehicle or on the property. (P)
3. Parking of the commercial vehicle shall only be
permitted in the parking area identified on
Exhibit A, dated September 20, 2011 or within a
fully enclosed garage structure. (P)
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
125N0122
In Bermuda Magisterial District, Christian Life Church
requests conditional use approval and amendment of zoning
district map to permit a church in a Heavy Industrial (I-3)
District on 605 acres located in the northwest corner of
Osborne and Old Stage Roads. Density will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for industrial use.
Tax IDs 802-659-2721, 3919, 4660 and 5824.
Ms. Jane Peterson presented a summary of Case 12SN0122 and
stated the Planning Commission recommended approval. She
further stated staff recommended denial because the land use
does not conform to the Consolidated Eastern Area Plan which
suggests the property is appropriate for industrial use
specific to General Industrial (I-2) and Heavy Industrial (I-
3) Districts and the continued operation of the church use is
not compatible with, nor representative of, existing and
anticipated area industrial development. She stated the
church has secured a permanent location for their facility in
anticipation of relocating in two years.
Mr. Dennis Lacheney, representing the applicant, requested
approval of the case.
Ms. Carrie Coyner stated she would support the proposal
without a term limit. She further stated the landlord should
determine the time limit of the tenant.
Mr. Henry Moore, owner of the property, stated initially the
property was zoned for commercial use to improve this
particular area.
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Mr. Warren called for public comment.
There being no one else to speak to the request, the public
hearing was closed.
In response to Ms. Jaeckle's question, Mr. Lacheney stated he
is unaware how long the process will take in regards to
building the church facility.
Ms. Jaeckle indicated that she would support extending the
time limit from two to three years to provide time for the
church to complete their new facility.
Mr. Mincks stated that with the consideration of any new
proffers, the case would have to be moved to the next zoning
meeting.
Ms. Jaeckle made a motion, seconded by Mr. Gecker, for the
Board to approve Case 12SN0122 and accept the proffered
condition.
Mr. Mincks recommended the proffered condition that was made
regarding the 2-year time period be rejected and the Board
impose a condition for a three-year time period.
Ms, Jaeckle withdrew her original motion and Mr. Gecker
withdrew his second.
Discussion ensued regarding waived fees.
Ms. Jaeckle made a motion, seconded by Mr. Gecker, for the
Board to approve Case 12SN0122, subject to the following
condition:
This Conditional Use shall be granted for a period of
time not to exceed three (3) years from date or
approval. (P)
And, further, the Board accepted the following proffered
condition:
Church shall be limited to the building located on Tax
ID 802-659-5824 and identified on the plan approved as
part of Case 05SN0145. Associated parking may be located
on this or other properties which are included as part
of this request. (P)
Ayes: Warren,
Nays: None.
Absent: Durfee
12SN0123
Jaeckle, Holland and Gecker.
In Bermuda Magisterial District, Balzer & Associates, Inc.
and Second Baptist Church request conditional use planned
development approval and amendment of zoning district map to
permit exceptions to Ordinance requirements relative to
setbacks in Agricultural (A) and Neighborhood Business (C-2)
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Districts on .6 acre fronting 85 feet on the south line of
Iron Bridge, 370 feet west of West of West Hundred Road.
Density will be controlled by zoning ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
office/residential mixed use. Tax IDs 785-652-2271 and 2975.
Ms. Jane Peterson presented a summary of Case 12SN0123 and
stated in consideration of conditional use planned
developments; the Ordinance specifies that exceptions to
development regulations should be solely for the promotion of
an integrated plan that is no less beneficial to occupants of
neighboring properties than would be obtained under adherence
to Ordinance requirements. She further stated in staff's
opinion, the requested parking setback exceptions are the
result of property overdevelopment rather than an integrated
plan of development. She stated the Planning Commission
recommended approval. She further stated staff recommends
approval of Request I and denial of Request II. She noted a
community meeting was held; no objections were raised; and
the adjacent western property owner supported the request.
Mr. Andy Scherzer, representing the applicant, accepted the
Planning Commission recommendation. He stated there has been
no community opposition.
Mr. Warren called for public comment.
Mr. L.J. McCoy recommended approval.
There being no one else to speak to the request, the public
hearing was closed.
Ms. Jaeckle made a motion, seconded by Mr. Holland, for the
Board to approve Case 12SN0123 and accept the following
proffered conditions:
1. The Textual Statement dates September 23, 2011 and
the exhibit titled "Second Baptist Church
Schematic Layout Plan," prepared by Balzer and
Associates, Inc., dated August 5, 2011, shall be
considered the Master Plan. (P)
2. Access: There shall be no direct vehicular access
from the property to Iron Bridge Road (Route 10) .
(T)
3. Right-of-way Dedication: Prior to any site plan
approval or within sixty (60) days of a written request by
the Transportation Department, whichever occurs first, 100
feet of the right-of-way, measured from the centerline of
Route 10 shall be dedicated, free and unrestricted, to and
for the benefit of Chesterfield County. (T)
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
12SN0125
In Midlothian Magisterial District, DKS, Associates, Inc. and
Donald K. Spriggs, Owner request rezoning and amendment of
zoning district map from Neighborhood Office (O-1) to
Convenience Business (C-1) on .4 acre known as 2743 Buford
Road. Density will be controlled by zoning conditions or
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Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for office use. Tax ID 755-720-0315.
Mr. Robert Clay presented a summary of Case 12SN0125 and
stated the Planning Commission recommended approval. He
further stated staff recommended denial because the proposed
zoning and land uses do not conform to the Bon Air Community
Plan, which suggests the property is appropriate for office
use and the proposed zoning, and land uses are not
representative of and compatible with existing and
anticipated area development.
Mr. Don Spriggs accepted the Planning Commission
recommendation.
Mr. Warren called for public comment.
There being no one to speak to the request, the public
hearing was closed.
Mr. Gecker made a motion, seconded by Ms. Jaeckle, for the
Board to approve Case 12SN0125 and accept the following
proffered condition:
Uses shall be restricted to the following:
1. Offices, Brokerages, Nursery schools and child or
adult care centers, and Massage clinics.
2. Uses permitted with certain restrictions in the 0-
1 District.
3. Barber or beauty shops. (P)
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
12SN0131
In Bermuda Magisterial District, The Phoenix LLP requests
amendment of conditional use (Case 11SN0247) and amendment of
zoning district map to permit a church and child care center
uses in a General Industrial (I-2) District on 9.8 acres
fronting 600 feet on the south line of West Hundred Road,
2170 feet west of Rivers Bend Road. Density will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
light industrial use. Tax ID 810-652-2734.
Ms. Peterson presented a summary of Case 12SN0131 and stated
the Planning Commission recommended approval. She further
stated staff recommended denial because the proposed zoning
and land uses do not conform to the Consolidated Eastern Area
Plan, which suggests the property is appropriate for light
industrial use and while the proposed uses are consistent
with the commercial use exceptions approved with Case
11SN0247, these uses are not representative of, nor
compatible with existing and anticipated area industrial
development. She stated there was no opposition present.
Ms. Carrie Coyner, representing the applicant, asked for
approval of the request. She stated the proposed uses are
consistent with the commercial development pattern along this
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section of the Route 10 Corridor and compatible with existing
uses within the project.
Mr. Warren called for public comment.
Mr. Freddy Boisseau recommended approval of the request.
Mr. Daren Gardner recommended approval.
There being no one else to speak to the request, the public
hearing was closed.
Ms. Jaeckle stated commercial development is consistent along
this section of Route 10.
Ms. Jaeckle then made a motion, seconded by Mr. Holland, for
the Board to approve Case 12SN0131 and accept the following
proffered condition:
In addition to those uses permitted by Case 11SN0247,
the following uses shall be permitted:
(s) Churches
(t) Child care in association with church use. (P)
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
125N0142
In Bermuda Magisterial District, Raymond A. Link requests
renewal of manufactured home permit (05SR0179) to permit a
temporary manufactured home in a Residential (R-7) District
on .4 acre known as 2679 Drewrys Bluff Road. Density is
approximately 2.5 units per acre. The Comprehensive Plan
suggests the property is appropriate for residential use of
7.01 - 10 units/acre. Tax ID 789-680-8239.
Ms. Peterson presented a summary of Case 12SN0142 and stated
staff recommended denial because while this request is for
renewal of a previously approved permit, the applicant no
longer resides in the manufactured home and standard
conditions of permit approval typically limit occupancy of
the manufactured home to the owner and in some cases,
immediate family of the owner under special circumstances and
there is no evidence of extenuating circumstances that would
warrant the continued location of this manufactured home on
the property for occupancy by others. She further stated
while the applicant would continue to be the owner of the
manufactured home, he would not be the occupant.
Mr. Raymond Link accepted the condition.
In response to Ms. Jaeckle's question, Mr. Link stated he has
relocated his residency due to marriage.
Mr. Warren called for public comment.
Mr. Freddy Boisseau expressed concerns relative to constant
renewal of the manufactured home permit.
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There being no one else to speak to the request, the public
hearing was closed.
In response to Ms. Jaeckle's question, Mr. Mincks stated
there is a seven-year limit to the granting of the specific
permit.
Mr. Turner noted manufactured homes are not permanent
residences.
Ms. Jaeckle made a motion, seconded by Mr. Holland, for the
Board to approve Case 12SN0142, subject to the following
conditions:
1. The applicant shall be the owner of the
manufactured home. (P)
2, This manufactured home permit shall be granted for
a period not to exceed two (2) years from date of
approval . ( P )
3. No additional permanent-type living space, other
than the existing additions, may be added onto the
manufactured home. The existing additions may not
be enlarged, extended, reconstructed, substituted
or structurally altered. The manufactured home
shall be skirted but not be placed on a permanent
foundation. (P)
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
18. ADJOURNMENT
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adjourned at 7:46 p.m. until December 14, 2011, at 3:00 p.m.
Ayes: Warren, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Durfee.
~am~/J.L. St~gmaier
County Administrator
•--- -
Arthur S. Warren
Chairman
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