07-24-2002 MinutesBOARD OF SUPERVISORS
MINUTES
July 24, 2002
Supervisors in Attendances
Mr. Kelly E. Miller, Chairman
Mr. Arthur S. Warren, Vice Chrm.
Mr. Edward B. Barber
Mr. J. L. McHale, III
Supervisor Absents
Mrs. Renny Bush Humphrey
Mr. Lane B. Ramsey
County Administrator
Staff in Attendances
Colonel Carl R. Baker,
Police Department
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Mr. Craig Bryant, Dir.,
Utilities
Dr. Billy Cannaday, Jr.,
Supt., School Board
Mr. Richard Cordle,
Treasurer
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Ms. Rebecca Dickson, Dir.,
Budget and Management
Ms. Lisa Elko,
Clerk
Chief Stephen A. Elswick,
Fire Department
Mr. Dennis Farmer, Dir.,
Historical Society
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Thomas E. Jacobson,
Dir., Planning
Mr. Donald Kappel, Dir.,
Public Affairs
Ms. Kathryn Kitchen, Asst.
Supt. of Schools for
Business and Finance
Mr Louis Lassiter, Dir.,
Internal Audit
Mr Jacob W. Mast, Jr.,
Nursing Home Admin.
Mr R. John McCracken,
Dir., Transportation
Mr Richard M. McElfish,
Dir., Env. Engineering
Mr Steven L. Micas,
County Attorney
Mr Jeffrey L. Mincks,
Dep. County Attorney
Mr Francis Pitaro, Dir.,
General Services
Ms Karen F. Russell,
Risk Manager
Mr James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
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Mr. Thomas Taylor, Dir.,
Block Grant Office
Sheriff Clarence Williams,
Sheriff's Department
Mr. Scott Zaremba, Asst.
Dir., Human Resource Mgt.
Mr. Warren called the regularly scheduled meeting to order at
3:12 p.m. He stated that Mr. Miller is unable to attend the
afternoon session and Mrs. Humphrey will not be present for
the meeting. He congratulated Mrs. Humphrey upon the birth
of her daughter, Ann Miller Humphrey.
1. APPROVAL OF MINUTES FOR JUNE 26, 2002
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved the minutes of June 26, 2002, as submitted.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
2. COUNTY ADMINISTRATOR'S COMMENTS
There were no County Administrator's comments at this time.
3. BOARD COMMITTEE REPORTS
Mr. McHale stated that he participated in the James River
Cleanup on June 8, 2002, and noted that the event had great
participation and was very successful.
Mr. Barber stated that he and Dr. James Schroeder, Midlothian
District School Board representative, are planning a series
of joint meetings in Midlothian to focus, on growth summit
issues, and indicated that the first of these meetings is
tentatively scheduled for September 9, 2002.
Mr. Warren stated that he will hold a constituents' meeting
on August 15, 2002 relative to crime prevention in the
county.
REQUESTS TO POSTPONE ACTION, ADDITIONS~ OR CHANGES IN THE
ORDER OF PRESENTATION
On motion of Mr. McHale, seconded by Mr. Barber, the Board
added Item 8.D.22.c., Transfer of District Improvement Funds
from the Midlothian, Clover Hill, Dale and Matoaca District
Improvement Funds to the County's Community Contracts Account
for the Senior Center; replaced Item 10.A., Status Report of
the General Fund Balance, Reserve for Future Capital
Projects, District Improvement Fund, and Lease Purchases; and
adopted the Agenda, as amended.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
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5. RESOLUTIONS AND SPECIAL RECO~NITION~
5.A. SUPPORTING THE 5K ~RUN FOR TW~ FUTURE" FOR LUCY CORR
VILLAGE
Mr. Hammer introduced Mr. Sam Moffett, Mr. Sonny Currin, and
several members of the Lucy Corr Foundation, who were present
to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Lucy Corr Village serves Chesterfield County
and the region, providing quality residential and day care
programs for our senior citizens and other eligible persons;
and
WHEREAS, these services contribute to the outstanding
quality of life that is the hallmark of Chesterfield County;
and
WHEREAS, in addition to the generous support provided
by Chesterfield County, Lucy Corr Village has also relied on
the generous donations provided by corporate and individual
donors; and
WHEREAS, a 5K ~Run for the Future" will be conducted
July 27, 2002 as a fundraiser for Lucy Corr Village and the
assisted living facility, Lucy Corr Court; and
WHEREAS, proceeds from this event will benefit the
residents of Lucy Corr Village and those who participate in
the day care program at Lucy Corr Court; and
WHEREAS, donations will be used for a variety of
supplies and equipment that will support, assist and
entertain Lucy Corr's residents and day care participants;
and
WHEREAS, such public-spirited
appropriate recognition.
efforts deserve
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby express support for the
5K ~Run for the Future," and thanks all those participants,
organizers and donors for their efforts on this worthwhile
project.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
Mr. McHale presented the executed resolution to Mr. Moffett,
accompanied by members of the Health Center Commission and
Lucy Corr Foundation, and expressed appreciation for their
dedication to Lucy Corr Village.
Mr. Moffett expressed appreciation to the Board for the
recognition, and also to corporate sponsors who have
contributed to the event.
Mr. Currin expressed appreciation to the Board for the
recognition, and also to Mr. Ramsey, Chief Elswick and Mr.
Bill Carlson, Parks and 'Recreation Athletic Manager, for
their assistance in organizing the event.
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5.B. RECO~NIZINGMRS. DORIS M. HANCOCK, DEPUTY TREASURER,
UPON HER RETIREMENT
Mr. Cordle introduced Mrs. Doris Hancock who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mrs. Doris M. Hancock will retire on September
1, 2002 after providing over twenty-six years of dedicated
and faithful service to Chesterfield County; and
WHEREAS, Mrs. Hancock accepted employment with the
Chesterfield County Department of Building Inspections from
1956 to 1957; and
WHEREAS, Mrs. Hancock began her tenure with the
Chesterfield County Treasurer's Office on September 1, 1976
as a full-time account clerk; and
WHEREAS, through a series of numerous promotions, Mrs.
Hancock achieved the position of Deputy Treasurer which she
has held since 1986; and
WHEREAS, Mrs. Hancock has been instrumental in numerous
relocations and renovations of the Treasurer's Office over
the years; and
WHEREAS, Mrs. Hancock oversaw the automation of many
manual processes within the Treasurer's Office resulting in
increased efficiencies and cost reductions including but not
limited to installing the first automated cash receipts
system in the County; assisting with implementation of
personal property tax proration; assisting with migrating
tax records to microfiche; assisting with the implementation
of the County's participation in the State's Set-Off Debt
Collection Program; assisting with the implementation of
lockbox payment processing and credit card processing;
implementing the automated issuance of decals; and
overseeing the formal documentation of operating processes
and procedures for the Treasurer's Office; and
WHEREAS, Mrs. Hancock has received numerous
commendations from citizens, department directors and other
localities for training offered to them in our operating
processes and procedures; and
WHEREAS, through continuous education and training,
Mrs. Hancock has achieved the professional certification of
Certified Governmental Deputy Treasurer through the
University of Virginia and the Treasurers' Association of
Virginia; and
WHEREAS, Mrs. Hancock has effectively served as the
data processing liaison for our office, the supervisor of
delinquent tax collections, the supervisor of customer
service functions, and the supervisor of the county's
centralized debt collection efforts; and
WHEREAS, Mrs. Hancock has faithfully and effectively
discharged her duties in each and ewery capacity with
compassion and uncompromising commitment to world-class
customer service; and
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WHEREAS, Mrs. Hancock will be tremendously missed for
not only the smile she consistently exhibits and her
compassionate manner, but for the quality and caliber of her
commitment and performance for the Treasurer's Office and to
our citizens.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes Mrs. Doris
M. Hancock and extends its appreciation for her twenty-six
years of dedicated service to the County, congratulations
upon her retirement, and best wishes for a long and happy
retirement.
Ayes: Warren, Barber and McHale.
Nays: NOne.
Absent: Miller and Humphrey.
Mr. Barber presented the executed resolution to Mrs. Hancock,
accompanied by her husband, former Treasurer Mrs. Arline
McGuire, and Mr. Cordle, and expressed appreciation for her
dedicated service to the County.
Mr. Ramsey presented a Jefferson Cup to Mrs. Hancock and
expressed appreciation for her many contributions to the
Treasurer's office.
Mrs. Hancock expressed appreciation to the Board for the
recognition and also to fellow employees for their support.
5.D. RECOGNIZING MRS. CYNTHIA B. SMITH FOR HER SERVICE TO
CHESTERFIELD COUNTY
Ms. Russell introduced Mrs. Cynthia Smith who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mrs. Cynthia B. Smith was hired on May 9, 1977
as a Secretary with the Chesterfield County Utilities
Department; and
WHEREAS, Mrs. Smith ably served the Director, Mr.
Painter and Mr. Dave Welchons following the retirement of Mr.
Painter; and
WHEREAS, during her term with the Department of
Utilities, Mrs. Smith received many acknowledgements for her
exemplary skills and was therefore hired as the Risk
Coordinator in 1986 to assist the Risk Manager; and
WHEREAS, Mrs. Smith was acknowledged by receiving the
1993 County Employee of the Year designation for her selfless
dedication to her responsibilities, her creative analytical
decisions, her teamwork, and customer service appreciated by
the many people she came into contact with including co-
workers, county and school staff, vendors and the general
public; and
WHEREAS, Mrs. Smith was recognized by her peers through
election as an officer of the Virginia Public Risk Management
Association, and was elected President of the Association in
1994; and
WHEREAS, Mrs. Smith continued to
professional skills through education by
Associate Risk Management certification; and
improve her
attaining an
WHEREAS, during Mrs. Smith's employment with the
department of Risk Management through her dedication, project
management skills and talents, she was appointed as the
Assistant Department Director in 1997; and
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WHEREAS, due to the vision and contributions of Mrs.
Smith, the Chesterfield County Risk Management Department was
recognized as one of the top ten such departments in the
nation by City and State magazine; and
WHEREAS, Mrs. Smith has served the Cihesterfield County
community as a member of the Chesterfield Junior Women's
League, the Ecoff Elementary School PTA, and as a volunteer
for United Way and the Chester United Methodist Church; and
WHEREAS, on May 9, 2002, Mrs. Smith completed 25 years
of service with Chesterfield County, receiving many awards
and acknowledgements during her service; and
WHEREAS, on July 26, 2002, Mrs. Smith will end her
service with Chesterfield County to accept the position of
Risk Manager for Henrico County.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes the
distinguished contribution of Mrs. Cynthia B. Smith, ARM, and
expresses the appreciation of all residents for her service
to the county, their congratulations upon her recent
appointment, and their best wishes for a long and happy life.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mrs. Smith and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
Mr. Barber presented the executed resolution to Mrs. Smith,
accompanied by members of her family and Ms. Russell,
expressed appreciation for her dedicated service and wished
her success in her new position.
Mr. Ramsey wished Mrs. Smith success in her new position and
stated that he is proud of her accomplishments.
Mrs. Smith expressed appreciation to the Board for the
recognition and to her co-workers and family for their
support.
P~C0~NIZIN~ MR. PAUL MARRETTI UPON HIS TWO-YEAR TERM AS
MESSENGER FOR SPECIAL OLYMPICS VIRGINIA
Sheriff Williams introduced Mr. Paul Marretti who was present
to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. Paul Marretti has been a resident of
Chesterfield County since 1991 and is a graduate of L.C. Bird
High School; and
WHEREAS, Mr. Marretti has been an active and devoted
participant of Special Olympics Virginia for ten years; and
WHEREAS, Mr. Marretti has become the second Special
Olympic Virginia athlete to be voted on the Special Olympic
Virginia Board of Directors; and
WHEREAS, Mr. Marretti was one of 100 athletes nominated
from 48 Special Olympic Programs to become a Sargent Shriver
International Global Messenger; and
WHEREAS, Mr. Marretti is the first Virginia athlete to
be chosen as the Sargent Shriver International Global
Messenger for his history of advocacy~ public speaking
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aptitude, sportsmanship, personality, willingness to travel
and enthusiasm for the Special Olympics movement; and
WHEREAS, Mr. Marretti has demonstrated commitment and
citizenship to his community, to Chesterfield County, serving
as an ambassador to fellow athletes; and
WHEREAS, Mr. Marretti's leadership and loyalty to
Chesterfield County and Special Olympics inspires all who
know him.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes Mr. Paul
Marretti for his continuous commitment and leadership to
Special Olympics Virginia.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
Mr. Warren presented the executed resolution to Mr. Marretti,
accompanied by his parents, Mr. Rick Jeffreys, President of
Special Olympics Virginia, and Sheriff Williams, expressed
appreciation for his dedication to Special Olympics Virginia,
and wished him success as a Special Olympics ambassador.
Mr. Marretti expressed appreciation to Sheriff Willliams and
me~ers of the Sheriff's Office and Police Department for
their support of Special Olympics.
6. wORK SESSIONS
There were no work sessions at this time.
7. DEFERRED ITF24S
There were no deferred items at this time.
8. NEW BUSINE$S
CONSIDERATION OF ADOPTION ON AN EMERGENCY BASIS QF AN
ORDINANCE IMPOSING MANDATORY WATER USE RESTRICTIONS AND
SETTING APUBLIC HEARING TO READOPT THE ORDINANCz
Mr. Ramsey stated that the proposed ordinance was prepared
with three objectives - reducing and leveling off the peak
load on the county's water system; still allowing citizens to
irrigate their lawns and landscaping; and not affecting the
livelihood of any county business.
Mr. Bryant presented data relative to available capacity and
usage to meet peak demand of the county's three water
sources. He reviewed maximum and baseline daily flow from
1993 through 2002. He then reviewed monthly low reservoir
recordings, including 2002 projections. He stated that the
proposed ordinance for mandatory restrictions is conditioned
upon one of two requirements: 1) notification from the City
of Richmond that restrictions are necessary; or 2) dropping
of the Swift Creek reservoir level below elevation 173 feet
(four feet below spillway) before September 30, 2002. He
reviewed the mandatory water use restrictions included in the
proposed ordinance - prohibiting water use for landscape
fountains; prohibiting washing of paved areas except to
maintain health and safety; filling and replenishing of
swimming pools only to maintain health and safety; vehicle
washing limited to once per week; watering of established
landscaping/vegetable gardens limited to three days per week
by address; watering of new landscaping unlimited for first
ten days; and watering of golf courses limited to Tuesday -
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Sunday, 8 p.m.
restriction) .
- 4 a.m.
(greens are exempted from this
When asked, Mr. Bryant stated that the proposed ordinance
does not differentiate between residential and commercial
properties. He reviewed the proposed penalties for
violations of the ordinance and stated that appeals will be
heard in the General District Court. He discussed
enforcement of the ordinance, stating that the Police
Department will notify Utilities of violations and Utilities
personnel will respond to calls from customers. He reviewed
the conditions proposed for automatic lifting of restrictions
including notification from City of Richmond that conditions
have changed and the restrictions are no longer necessary as
well as the Swift Creek reservoir level rising above 175 feet
elevation, or the ordinance expiration date of October 31,
2002. He then reviewed public notification efforts.
Discussion ensued relative to the projections for low
reservoir recordings for the remainder of 2002 with and
without mandatory water restrictions.
Mr. Barber inquired about the anticipated result of the
mandatory restrictions.
Mr. Bryant stated that mandatory water restrictions were
imposed by the county in 1985 from Saturday morning through
Sunday evening because of the capability of meeting the
demand, and indicated that the effort was somewhat
successful. He further stated that voluntary restrictions
have not been effective.
Mr. Barber questioned whether the mandatory restrictions
would be effective. He expressed concerns relative to the
uncertainty of the drought crisis and suggested the
possibility of increasing the price of water in order to
curtail usage.
Mr. Ramsey stated that staff initially considered a $250
fine, but felt that a warning for the first offense, $50 for
the second offense, and $100 for each subsequent offense
would be significant enough to encourage citizen compliance.
Mr. Barber inquired about the possibility of a significant
water rate increase and whether it would have the same effect
as increased gasoline prices on decreased usage.
Mr. Ramsey stated that the Board is being asked to authorize
a utilities rate study on its Consent Agenda. He further
stated that many jurisdictions charge more for water
purchased during peak demand times than other times.
Mr. Barber expressed concerns that the proposed penalties
might not be effective in encouraging citizen compliance to
ensure protection of the water supply.
Discussion ensued relative to increasing the penalties when
the public hearing is held to re-adopt the proposed
ordinance.
Mr. Barber stated that he is unsure as to whether the fine is
the proper course to take because he feels citizens will take
chances of not getting caught; therefore, the reduction in
water use will be minimal.
Mr. Bryant stated that staff has had discussions with other
localities who have used the mandatory restrictions/penalties
approach, and indicated that results occurred that were not
seen with voluntary restrictions.
Mr. Barber stated that he feels it would be wise to put the
mandatory restrictions into effect immediately, and have Mr.
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Bryant provide the Board with an update on water usage at
each meeting. He further stated that, if there is no change
in consumption, the methods being used to get the public's
attention should be reconsidered.
Mr. Bryant requested that, if the Board chooses to impose
restrictions beginning on a certain date rather than based on
specific conditions, staff be given ten days to two weeks for
the public notification process.
Discussion ensued relative to the earliest possible effective
date of the ordinance.
Mr. Ramsey stated that two weeks would give staff sufficient
time to provide customers with notification. He further
stated that he feels an ordinance effective date will result
in better media notification of citizens than staff's
conditional proposal.
Mr. McHale stated that he feels written notification to
citizens should be sufficient notice, and suggested that the
penalty for the first offense should be a $25 fine, and then
doubled for each subsequent offense.
When asked, Mr. Mincks stated that there is no legal
requirement for a maximum fine for subsequent offenses.
Mr. Ramsey stated that many citizens are dependent upon
sprinkler services and indicated that it could take up to a
month for the sprinkler companies to adjust some sprinkler
systems; therefore, staff feels a first warning would be
appropriate to address circumstances such as this.
Mr. Warren stated that, because voluntary water restrictions
have not been successful, he feels the Board is responsible
for taking action to protect the county's water resources.
He further stated that he feels it is necessary to set a
specific implementation date. He stated that he feels the
fine should be reasonable, and the first offense should be
more lenient with a written notice. He stressed the fact
that the ordinance is designed to protect the rights of
county businesses.
Mr. Warren then made a motion for the Board to implement
mandatory water restrictions on or before August 15, 2002,
with penalties including a written warning for the first
offense; $50 for the second offense; $100 for the third
offense; and an increase of $100 for each subsequent offense
up to a maximum fine of $1,.000.
Mr. Barber seconded the motion. He stated that he feels the
notification letter to residents would suffice as a written
warning, and indicated that he would be comfortable with a
$25 penalty for the initial violation. He requested that Mr.
Bryant provide the Board with updates relative to the
effectiveness of the mandatory restrictions.
Mr. Barber made a substitute motion for the Board to
implement mandatory water restrictions on or before August
15, 2002, with penalties including $25 for the first offense;
$50 for the second offense; $100 for the third offense; and
an increase of $100 for each subsequent offense up to a
maximum fine of $1,000, and directed staff to provide the
Board with updates relative to the effectiveness of the
mandatory restrictions.
Mr. Warren stated that he will support the substitute motion.
Mr. Mincks clarified that the effective date of the ordinance
would be August 15, 2002.
Mr. McHale seconded the substitute motion made by Mr. Barber.
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Mr. Warren called for a vote on the motion of Mr. Barber,
seconded by Mr. McHale, for the Board to adopt the following
ordinance on an emergency basis:
AN ORDINANCE ADOPTING
MANDATORY RESTRICTIONS ON USE OF PUBLIC WATER
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That the
follows:
following ordinance
is hereby adopted as
Sec. 1. Finding of an emergency.
Due to the current water levels of Chesterfield County's
water supply sources and anticipated demand in the immediate
future, it is hereby determined that a water supply emergency
exists which necessitates the adoption of this ordinance
restricting the use of public water in the County under the
terms and conditions set forth herein.
Sec. 2. Mandatory public water use restriction measures.
Users of the public water system shall limit their use
of public water as follows:
(a) Decorative or landscape fountains.
prohibited.
Water use is
(b) Paved areas. Washing is prohibited except for
health and safety requirements.
(c) Swimming pools. Filling and replenishing to
maintain health and safety is permitted. All other uses are
prohibited.
(d) Vehicle washing. Non-commercial washing is limited
to one day per week using only hoses with an automatic shut-
off nozzle. Commercial vehicle washing businesses are
permitted to operate under normal conditions.
(e) Established landscaping, vegetable gardens.
Watering is limited to three days per week by address.
Addresses ending with an odd number may water only on
Tuesdays, Thursdays and Saturdays. Addresses ending with an
even number and locations with no street number, may water
only on Wednesdays, Fridays and Sundays. Watering is
prohibited on Mondays. Watering with buckets of up to. five
gallons per day is permitted at any time.
(f) New landscaping. Ail watering is permitted for the
first 10 days after planting. Thereafter, the restriction
for established landscaping shall apply.
(g) Golf courses. Watering restricted to Tuesday
through Sunday between 8:00 p.m. and 4:00 a.m. Greens are
exempted from this restriction.
Sec. 3. Effective date of restrictions.
(a)
2002.
These restrictions shall take effect on August 15,
(b) These restrictions shall end when both of the
following conditions are met:
(1) The Director of Public Utilities for the City
of Richmond advises the Director of Utilities for the County
that the City's treatment facility is able to meet peak day
demand for the region and the average water flow in the James
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River is equal to or greater than 750 cubic feet per second
(cfs) and the instantaneous flow is equal to or greater than
400 cfs.
(2) The level of Swift Creek Reservoir rises above
elevation 175.0 feet (two feet below spillway).
Sec. 4. Declaration.
Notice of these public water use restrictions shall be
published in the Richmond Times Dispatch and Petersburg
Progress Index for a minimum of one day per week for each
week that the restrictions are in force.
Sec. 5. Violation.
It shall be a violation of this ordinance for any person
to use water or allow or cause the use of water in violation
of any of the provisions of this ordinance after the first
publication required by Section 3 herein.
Sec. 6. Penalty.
Any person who violates any provision of this ordinance
shall be subject to the following penalties:
(a) For the first offense, violators shall be fined
$25.00. For the second offense, violators shall be fined
fifty dollars ($50.00). For the third offense, violators
shall be fined one hundred dollars ($100.00). For each
subsequent offense beyond the third offense, the amount of
the fine shall increase by $100.00; provided, however, that
the maximum fine for any individual offense shall be
$1,000.00. All fines shall be imposed on the violator's next
water bill.
(b) Each violation by a person shall be counted as a
separate violation by that person, irrespective of the
location at which the violation occurs.
(c) Persons shall have the right to challenge the
assessment of a penalty. Such challenge shall be filed
within 10 days of the assessment of the penalty by notifying
the County Attorney of such challenge, in writing. Upon
receipt of such challenge, the County Attorney shall file a
civil warrant in General District Court seeking adjudication
of the imposition of the fine.
Sec. 7. Definitions.
The following words and phrases, when used in this
ordinance, shall have the meaning ascribed to them below,
except in those instances where the context clearly indicates
a different meaning:
Established landscaping. Landscaping plantings existing
in an area after such period of time as to accomplish an
establishment and maintenance of growth.
New landscaping. Any landscaping made up of plants or
seeds planted in or transplanted to an area within such
period of time as to accomplish a reasonable establishment
and maintenance of growth.
Person. Any individual corporation, partnership,
association, company, business, trust, joint venture or other
legal entity.
Swimming pool. Any structure, basin, chamber, or tank,
containing an artificial body of water for swimming, diving
or recreational bathing and having a depth of two feet or
more at any point.
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Vegetable garden. Any "non-commercial# vegetable garden
planted primarily for household use; ~non-commercial"
includes incidental direct selling of produce from such a
vegetable garden to the public.
Sec. 8. This ordinance shall not be set out in the Code.
(2) That this ordinance shall take effect immediately and
shall expire on October 31, 2002.
And, further, the Board directed staff to provide updates
relative to the effectiveness of the mandatory restrictions.
And, further, the Board set the date of August 28, 2002 at
7:00 p.m. for a public hearing to consider re-adoption of the
ordinance.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.B. STREETLIGHT INSTALLATION APPROVALS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved the following streetlight installations:
Bermuda District
* Bellwood Heights Subdivision
Intersection of Arvin Drive and Quinnford Boulevard
Cost to upgrade existing streetlight: $314.50
Quinnford Boulevard, mid-point, vicinity of 9330
Cost to install streetlight: $607.64
* Millcreek Subdivision
Intersection of Roland View Drive and Roland View Terrace
Cost to install streetlight: $1,780.80
Roland View Terrace, in the cul-de-sac
Cost to install streetlight: $1,983.40
Clover Hill District
* Nuttree Subdivision
Red Chestnut Drive, vicinity of 12900
Cost to install streetlight: $1,359.27
Dale District
* Creek Meadow Subdivision
Creek Meadow Circle, vicinity of 3318
Cost to install streetlight: $124.90
Matoaca District
* Eagle Cove Subdivision
Intersection of Eagle Point Court and Eagle Point Circle
Cost to install streetlight: $1,456.08
Intersection of West Oak River Drive and Oak River Court
Cost to install streetlight: $1,456.08
Intersection of Ivan Road and River Road
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Cost to install streetlight: $1,596.19
And, further, the Board denied the following streetlight
installation request:
* Entrance to Birkdale Subdivision
Intersection of Royal Birkdale Parkway and Winterpock Road
Cost to install streetlight: $6,463.04
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.C. APPOINTMENTS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
suspended its rules at this time to allow for simultaneous
nomination/reappointment of members to serve on the GRTC
Transit System Board of Directors.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
0 GRTC TRANSIT SYSTEM BOARD OF DIRECTORS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
simultaneously nominated/reappointed Mr. David W. Mathews,
Mr. Daniel K. Smith and Mr. S. Joseph Ward, representing the
county at-large, to serve on the GRTC Transit System Board of
Directors, whose terms are effective October 16, 2002 and
expire October 15, 2003.
And, further, the Board authorized the County Administrator,
or his designee, to appear at the October 16, 2002 GRTC
annual meeting to vote, on behalf of the county, for the GRTC
Directors appointed by the Board and by Richmond City
Council.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D. CONSENT ITEMS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
removed Item 8.D.10., Transfer of Funds and Amendment to the
Genito Road/Woolridge Road Virginia Department of
Transportation/County Agreement, from the Consent Agenda to
allow for public comment.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.1. STATE ROADACCEPTANCE
On motion of Mr. Barber, seconded by Mr. McHale, the
following resolution was adopted:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
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07/24/02
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 § 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.
Type Chenae to the Secondary System of State HiGhways: Addition
Baals for Change: Addition, New subdivision street
Statutory Reference: ~33.1-229
Project: Meadow Oaks, Section C
· Blackjack Oak Court, State Route Number: 5356
From: Meadow Oaks BI., (Rt. 5450)
To: Cul-de-sac, a distance of: 0.12 miles.
Right-of-way record was filed on 7/31/1991 with the Office Of Clerk To Circuit Court in Pb. 76; Pg. 23, with
a wldth of 50 Ft.
t English Oak Court, State Route Number: 5357
From: Meadow Oaks BI., (Rt. 5450)
To: Cul-de-sac, a distance of: 0.07 miles.
Right-of-way record was filed on 7/31/1991 with the Office Of Clerk To Circuit Court in Pb. 76; Pg. 23, with
a width of 50 Ft.
· Meadow Oaks Boulevard, State Route Number: 5450
From: 0.02 Mi. S of Momingmist Dr., (Rt. 5457)
To: Intersection English Oak Ct. & Blackjack Oak Ct. (Rt. 5357& Rt. 5356), a distance of: 0.03 miles.
Right-of-way record was filed on 7/31/1991 with the Office Of Clerk To Circuit Court in Pb. 76; Pg. 23, with
a width of 60 Ft.
· Meadow Oaks Boulevard, State Route Number: 5450
From: Intersection English Oak Ct. & Blackjack Oak Ct. (Rt. 5357& Rt. 5356)
To: .04 Mi. S of English Oak Ct. & Blackjack Oak Ct. (Rt. 5357& Rt. 5356), a distance of: 0.04 miles.
Right-of-way record was filed on 7/31/1991 with the office Of Clerk To Circuit Court in Pb. 76; Pg. 23, with
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
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8.D.2. APPROVAL OF REVISIONS TO T~ FY2003-FY2008 SCHOOL
CAPITAL IMPROVEMENT PLAN
On motion of Mr. Barber, seconded by Mr. McHale, the Board
approved revisions to the FY2003-FY2008 School Capital
Improvement Plan for FY2003 as outlined in the papers of this
Board to allow for planning to begin on a new 360 West
Corridor High School.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.3. APPROVAL OF TRANSFER OF FUNDS FROM THE RESERVE FOR
SCHOOL CAPITAL IMPROVEM~-NTS TO T~ SCHOOL CAPITAL
IMPR~ FUND~_ FOR REPLACEMENT OF OBSOLETE COMPUTER
EQUIPMENT AND MAJORMAINTENANCE PROJECTS
On motion of Mr. Barber, seconded by Mr. McHale, the Board
transferred $6,885,100 from the Reserve for School Capital
Improvements to the School Capital Improvement Program fund
for the replacement of obsolete computer equipment and major
maintenance projects.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.4. AUTHORIZATION FOR THE COUNTY ADMINISTRATOR OR HIS
DESIGNEE TO EXECUTE THE POLICE MUTUAL AID JOINT
AVIATION AGREEMENT BETWEEN CHESTERFIELD COUNTY,
axNaI¢0 COUNTY, AND THE CITY OF RIC~0ND
On motion of Mr. Barber, seconded by Mr. McHale, the Board
authorized the County Administrator or his designee to
execute the Police Mutual Aid Joint Aviation Agreement
between Chesterfield and Henrico Counties and the City of
Richmond, on behalf of the county.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.5.
AWARD OF CONSTRUCTION CONTRACT FOR COURTHOUSE ROAD/
BRANCHWAY ROAD CONNECTQR PROJECT
On motion of Mr. Barber, seconded by Mr. McHale, the Board
authorized the County Administrator to award a construction
contract, up to $80,000, to the lowest responsible bidder for
the Courthouse Road/Branchway Road Connector Project.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.6.
TRANSFER OF FUNDS AND AWARD OF CONSTRUCTION CONTRACT
FOR SPIREA ROAD SIDEWALK pROJECT
On motion of Mr. Barber, seconded by Mr. McHale, the Board
transferred $15,000 from the General Road Improvement Fund to
the Spirea Road Sidewalk Project, and authorized the County
Administrator to award a construction contract, up to
$70,000, to the lowest responsible bidder for the project.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
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8.D.7. APPROPRIATION OF FUNDS AND AWARD OF CONSTRUCTIO~
CQNTRACT FOR CENTRALIA ROAD/CHALKL~y RC~n
INTERSECTION IMPROVEMENT PROJECT
On motion of Mr. Barber, seconded by Mr. McHale, the Board
appropriated an additional $295,500 in anticipated Virginia
Department of Transportation reimbursements for the
improvement of the Centralia Road/Chalkley Road Intersection
Project, and authorized the County Administrator to award a
construction contract, up to $570,000, to the lowest
responsible bidder for the project.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.8. APPROVAL OF STREET NAME CHAN~ES AND ADDITION~
On motion of Mr. Barber, seconded by Mr. McHale, the Board
approved the renaming of West Krause Road to Mimms Drive, and
the renaming of old West Krause Road to Mimms Loop.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.9. REQUEST FOR ENTERTAINMENT/MUSICAL FESTIVAL PERMITS
8.D.9.&. FROM THE CHESTERFIELD COUNTY FAIR ASSOCIATION
On motion of Mr. Barber, seconded by Mr. McHale, the Board
approved a request from the Chesterfield County Fair
Association for a music/entertainment festival permit for the
annual Chesterfield County Fair subject to compliance with
staff recommendations.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.9.b.
FROM SUNDAYS' RESTAURANT FOR THEIR OUTDOOR CONCERT
TO BE HELD ON SEPTEMBER 2, 2002
On motion of Mr. Barber, seconded by Mr. McHale, the Board
approved a request from Sundays' Restaurant for a
music/entertainment festival permit to conduct an outdoor
concert on September 2, 2002.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.11.
AWARD OF CONTRACT FOR WATER AND WASTEWATER COST OF
SERVICE AND RATE STUDY
On motion of Mr. Barber, seconded by Mr. McHale, the Board
awarded a contract, in the amount of $162,000, to Black and
Veatch for a water and wastewater cost of service and rate
study.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
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8.D.12. ACCEPTANCE OF GRANT AND APPROPRIATION OF FUNDS FOR
THE COMMUNITY SERVICES BOARD
On motion of Mr. Barber, seconded by Mr. McHale, the Board
accepted and appropriated $451,403 in state and federal funds
for the FY2003 Part C Program of the Chesterfield Interagency
Coordinating Council and Child Care Program, administered by
the Chesterfield Community Services Board and coordinated by
its Infant Program.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.13. ACCEPTANCE AND APPROPRIATION OF INCREASED DEPART~r~NT
OF CRIMINAL JUSTICE SERVICES VICTIM/WITNESS PROGRAM
GRANT AWARD FOR FY2003 AND CREATION OF A POSITION
On motion of Mr. Barber, seconded by Mr. McHale, the Board
accepted and appropriated $64,025 in additional grant funding
awarded through the Department of Criminal Justice Services
Victim/Witness Program for FY2003 and created one full-time
position contingent on continued grant funding.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.14. SET DATES FOR PUBLIC HEARINGS
8.D.14.b. TO CONSIDER AN ORDINANCE RELATING TO PAYMENT OF
DELINQUENT UTILITY BILLS
On motion of Mr. Barber, seconded by Mr. McHale, the Board
set the date of August 28, 2002 at 7:00 p.m. for a public
hearing to consider an ordinance relating to payment of
delinquent utility bills.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.15. ACCEPTANCE OF PARCELS OF LAND
8.D.15.&. ALONG THE WEST RIGHT OF WAY LINE OF RUFFIN MILL
ROAD FROM RMD LAND LC
On motion of Mr. Barber, seconded by Mr. McHale, the Board
accepted the conveyance of two parcels of land containing a
total of 0.351 acres along the west right of way line of
Ruffin Mill Road from P/~D Land LC, and authorized the County
Administrator to execute the necessary deed. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.15.b.
ALONG THE WEST RIGHT OF WAY LINE OF NORT~
OTTERDALE ROAD FROM OTTERDALE PARK ASSOCIATES, LLC
On motion of Mr. Barber, seconded by Mr. McHale, the Board
accepted the conveyance of a parcel of land containing 0.03
acres along the west right of way line of North Otterdale
Road from Otterdale Park Associates, LLC, and authorized the
02- 516
07/24/02
County Administrator to execute the necessary deed. (It is
noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.15.c. FOR THE EXTENSION OF NORTH OTTERDALE ROAD FROM THE
PARK AT SALISBURY, L.P.
On motion of Mr. Barber, seconded by Mr. McHale, the Board
accepted the conveyance of a parcel of land containing 2.49
acres for the extension of North Otterdale Road from The Park
at Salisbury, L.P., and authorized the County Administrator
to execute the necessary deed. (It is noted a copy of the
plat is filed with the papers of this Board[.)
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.15.d.
ADJOINING THE NORTH RIGHT OF WAY LINE OF HULL
STREET ROAD AND THE WEST RIGHT OF WAY LINE OF
GREGORY POND ROAD FROM AMBERLEIGHt L.L.C.
On motion of Mr. Barber, seconded by Mr. McHale, the Board
accepted the conveyance of parcels of land containing a total
of 2.749 acres adjoining the north right of way line of Hull
Street Road and the west right of way line of Gregory Pond
Road from Amberleigh, L.L.C., and authorized the County
Administrator to execute the necessary deed. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.15.e. FOR THE EXTENSION OF EASTFAIR DRIVE FROM THE NASH
ROAD/WOODPECKER ROAD, LLC
On motion of Mr. Barber, seconded by Mr. McHale, the Board
accepted the conveyance of a parcel of land containing 6.29
acres for the extension of Eastfair Drive from The Nash
Road/Woodpecker Road, LLC, and authorized the County
Administrator to execute the necessary deed. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.16.
REQUEST TO QUITCLAIM A VARIABLE WIDTH STORM WATER
MANAGEMENT/BEST MANAGEMENT PRACTICE EASEMENT AND A
TWENTY-FOOT STORM WATERMANAGEMENT/BEST MANAGEMENT
PRACTICE ACCESS EASEMENT ACROSS THE PROPERTY OF THE
TRUSTEES OF SYCAMORE PRESBYTERIAN CHURCH
On motion of Mr. Barber, seconded by Mr. McHale, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
variable width storm water management/best management
practice easement and a twenty-foot storm water management/
best management practice access easement across the property
of the Trustees of Sycamore Presbyterian Church. (It is
02- 517
07/24/02
noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.17. REOUEST TO QUITCLAIM A SIXTeEN-FOOT TEMPOraRY
DRAINAGE EASEMENT ACROSS THE PROPERTY OF G AND H,
INCORPORATED
On motion of Mr. Barber, seconded by Mr. McHale, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
sixteen-foot temporary drainage easement across the property
of G and H, Incorporated. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.18. REQUESTS FOR PERMISSION
8.D.18.a. FROM WAYNE H. DAVIS AND MARGARET S. DAVIS TO
INSTALL A PRIVATE SEWER SERVICE ON COUNTY PROPERTY
On motion of Mr. Barber, seconded by Mr. McHale, the Board
approved a request from Wayne H. Davis and Margaret S. Davis
for permission to install a private sewer service on county
property, subject to the execution of a license agreement.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.18.b.
FROM THE WEST HUNDRED PROPERTY, L.P. TO INSTALL A
PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT
TO SERVE PROPERTY ON WEST HUNDRED ROAD
On motion of Mr. Barber, seconded by Mr. McHale, the Board
approved a request from The West Hundred Property, L.P. for
permission to install a private sewer service within a
private easement to serve property at 1710 West Hundred Road,
and authorized the County Administrator to execute the sewer
connection agreement. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.18.c.
FROM CREEKPOINTE ASSOCIATES, L.P. FOR A CONCRET~
DUMPSTER PAD TO ENCROACH WITHIN A PROPOSED
SIXTEEN-FOOT WATER EASEMENT
On motion of Mr. Barber, seconded by Mr. McHale, the Board
approved a request from Creekpointe Associates, L.P. for
permission for a concrete dumpster pad to encroach within a
proposed sixteen-foot water 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, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
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07/24/02
8.D.18.d. FROM VIRGINIA N. HORNE FOR A GRAVEL DRIVEWAY TO
ENCROAC~ WITHIN A FiFTY-FOOT UNIMPROVED RIGHT OF
WAY KNOWN AS JAMSON ROAD
On motion of Mr. Barber, seconded by Mr. McHale, the Board
approved a request from Virginia N. Horne for permission for
a gravel driveway to encroach within a fifty-foot unimproved
right of way known as Jamson 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, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.18.e. FROM CALVIN B. WILLIAMS AND MABLE M. WILLIAMS FOR
A FENCE TO ENCROACH WITHiN AN EIGHT-FOOT ALLEY
EASEMENT ACROSS LOT 1, BLOCK C, DALE MEADOWS,
SECTION A
On motion of Mr. Barber, seconded by Mr. McHale, the Board
approved a request from Calvin B. Williams and Mable M.
Williams for an existing fence to encroach within an eight-
foot alley easement across Lot 1, Block C, Dale Meadows,
Section A, subject to the execution of a license agreement.
(It is noted a copy of the vicinity sketch is filed with the
papers of this Board.)
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.18.f.
FROM GARY W. LILLEY AND KATHRYN B. LILLEY TO
INSTALL A PRIVATE WATER SERVICE WITHIN A FIFTY-
FOOT UNIMPROVED COUNTY RIGHT OF WAY TO SERVE
PROPERTY ON CHALKLEY ROAD
On motion of Mr. Barber, seconded by Mr. McHale, the Board
approved a request from Gary W. Lilley and. Kathryn B. Lilley
for permission to install a private water service within an
fifty-foot unimproved county right of way to serve property
at 10708 Chalkley Road, subject to the execution of a license
agreement, and authorized the County Administrator to execute
the water connection agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.19. APPROVAL OF CHANGE ORDER FOR THE MIDLOTHIAN TURNPIKE
WATER LINE REHABILITATION - PHASE I PROJECT
On motion of Mr. Barber, seconded by Mr. McHale, the Board
approved Change Order Number 2, in the amount of $90,040, for
County Project Number 98-0189B, Midlothian Turnpike Water
Line Rehabilitation - Phase I, for additional work/materials
as outlined in the papers of this Board.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
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07/24/02
8.D.20. APPROVAL TO AMEND THE EXISTING DESIGN CONTRACT TO
MOSELEYARCHITECTS FOR ARCHITECTURAL AND ENGIN~_-~RIN~
SERVICES FOR THE DESIGN OF TH~ NEW CO_M~4UNITY
DEVELOPMENT BUILDING AND CUSTO~4~R SERVICE C~NTER
On motion of Mr. Barber, seconded by Mr. McHale, the Board
authorized the County Administrator to amend the existing
contract, in the amount of $1,223,054, with Moseley
Architects for architectural and engineering services for the
design of the new Community Development Building and Customer
Service Center.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.21. ADOPTION OF RESOLUTION RECOGNIZING MR. BRETT ANDREW
BUTLER UPON ATTAINING THE RANK OF EAGLE SCOUT
On motion of Mr. Barber, seconded by Mr. McHale, 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; and
WHEREAS, Mr. Brett Andrew Butler, Troop 829, sponsored
by Saint Matthias' Episcopal Church, has accomplished those
high standards of commitment and has reached the long-sought
goal of Eagle Scout, which is earned by only four percent of
those individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Brett has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its
congratulations to Mr. Brett Andrew Butler on his attainment
of Eagle Scout, and acknowledges the good fortune of the
County to have such an outstanding young man as one of its
citizens.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.22. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8 .D.22 .a.
FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO T~T~
EPPINGTON FOUNDATION FOR THE EPPINGTON COLONIAL
HERITAGE FAIR
On motion of Mr. Barber, seconded by Mr. McHale, the Board
transferred $1,500 from the Matoaca District Improvement Fund
02- 520
07/24/02
to the Eppington Foundation
Heritage Fair.
for the Eppington Colonial
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8.D.22.b. FROM ~ MATOACA DISTRICT IMPROVEMENT FUND TO THE
CHESTERFIELD HISTORICAL SOCIETY TO CONDUCT A
GEOMETRIC MAPPING OF THE ETTRICK CEMETERY AND
IDENTIFY HISTORICALLY SIGNIFICANT GRAVESITES
On motion of Mr. Barber, seconded by Mr. McHale, the Board
transferred $3,500 from the Matoaca District Improvement Fund
to the Chesterfield Historical Society to conduct a geometric
mapping survey of the Ettrick Cemetery and identify
historically significant gravesites.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
8. D. 22 .c.
FROM THE MIDLOTHIAN, CLOVER HILL, DALE AND
MATOACA DISTRICT IMPROVEMENT FUNDS TO THE
COD'NTY'S COMMUNITY CONTRACTS ACCOUNT FOR THE
SENIOR CENTER
On motion of Mr. Barber, seconded by Mr. McHale, the Board
transferred $5,000 each from the Midlothian and Clover Hill
District Improvement Funds and $1,000 each from the Dale and
Matoaca District Improvement Funds (total $12,000) to the
county's Community Contracts Account for the Senior Center -
Featherstone.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
The following item was removed from the Consent Agenda for
Board discussion:
8.D.14.&.
TO CONSIDER THE ISSUANCE AND SALE OF GENERAL
OBLIGATION SCHOOL BONDS TO THE VIRGINIA PUBLIC
SCHOOL AUTHORITY
Mr. Barber inquired as to what affect the requested action
would have on the Greenfield Elementary School project.
Ms. Kitchen stated that funding for the entire Greenfield
Elementary School project was originally allocated in one
year of the Capital Improvement Program. She further stated
that the requested action will allocate only the necessary
funding for FY2003, and indicated that the project will
continue to stay on the same timetable with the same amount
of funding. She stated that the Board will be asked to
allocate the remainder of the funding for the project next
year.
On motion of Mr. Barber, seconded by Mr. McHale, the Board
set the date of August 28, 2002 at 7:00 p.m. for a public
hearing to consider the issuance and sale of general
obligation school bonds in an aggregate principal amount of
not to exceed $24,905,000 to the Virginia Public School
Authority.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
02- 521
07/24/02
The following item was removed from the Consent Agenda for
public comment:
8.D.10.
TRANSFER OF FUNDS AND AMENDMENT TO THE ~ENITO
ROAD/WOOLRID~E ROAD VIRGINIA DEPARTMENT OF
TRANSPORTATION/COUNTY A~REEMENT
Mr. George Beadles stated that he does not understand why
Genito and Woolridge Roads is such a high priority, and
expressed concerns that funding is being taken from the
Rhodes Lane paving project to address the Genito/Woolridge
Road project. He further stated that he feels too much money
is being spent for amenities in one particular area of the
county.
Mr. Mickey Blalock, a resident of the Matoaca District,
expressed concerns relative to traffic congestion in the
Genito/Woolridge Road area. He stated that Reservoir
Development Corporation (R DC) is in the process of providing
a $3 million road from Genito Road to Old Hundred Road that
will relieve part of the problem, and indicated that he feels
developers are paying their fair share for road improvements
as well as other amenities.
No one else came forward to speak to the issue.
Mr. Barber stated that he feels continuing the Powhite
Parkway extension is vital to the county's transportation
needs. He recommended that the Board direct that the
remainder of the funds in the Industrial Access Account be
used for the Powhite Parkway extension and also direct staff
prepare a proposal for providing the additional funding
necessary for the extension.
Mr. Warren stated that he, too, feels the Powhite Parkway
extension should be a priority. He further stated that the
Genito/Woolridge Road project is not a new project and noted
that it was recommended by Mrs. Humphrey, and approved by the
Board, to be added to the Six-Year Plan in 1999.
When asked, Mr. McCracken stated that Mrs. Humphrey still
supports the project.
Mr. McHale stated that he does not dispute the importance of
extending the Powhite Parkway and expressed concerns relative
to use of the remainder of the Industrial Access Account for
the extension. He further stated that he is uncomfortable
approving the requested action without input from Mr. Miller
and Mrs. Humphrey, and suggested that the Board defer action
until August 28, 2002. He expressed concerns relative to
reimbursement from the Virginia Department of Transportation
(VDOT) given the current state budget shortfalls.
Mr. Barber stated that there are other possibilities for
funding the Powhite extension besides the Industrial Access
Account. He expressed concerns relative to missing the
opportunity to provide funding for the Powhite Parkway
extension, and stated that he is not comfortable allowing the
transportation network in the vicinity of Woolridge/Genito
Roads to be done halfway.
Mr. Barber then made a motion for the Board to approve the
actions requested with the understanding that staff provide
funding options for completion of the Powhite Parkway
extension at the August 28, 2002 meeting.
Mr. Warren seconded the motion made by Mr. Barber.
Mr. Warren recognized Mr. Bernie Savage who was present at
the meeting and requested to speak.
02- 522
07/24/02
Mr. Savage stated that county staff had assured him that the
Genito/Woolridge Road improvements would be made and that he
should acquire easements along Genito Road. He further
stated that he has spent a great deal of money to construct a
road from Genito to Old Hundred Road to help relieve the
traffic congestion. He stated that he would personally be
willing to provide a $300,000 two-year interest-free loan for
the road improvements.
Mr. Barber restated his motion for the Board to approve the
actions requested, and direct staff to provide funding
options for completion of the Powhite Parkway extension at
the August 28, 2002 meeting.
Mr. McHale expressed concerns relative to taking funds from
the Industrial Access Account for the Genito/Woolridge
Intersection Project with the expectation that VDOT will
reimburse the county. He stated that he would prefer to
defer action until Mr. Miller and Mrs. Humphrey were present,
and indicated that he cannot support Mr. Barber's motion.
When asked, Mr. McCracken stated that staff recommends
approval. He reiterated that Mrs. Humphrey has indicated her
support for the project.
Mr. Warren called for a vote on the motion of Mr. Barber,
seconded by Mr. Warren, for the Board to transfer $332,684
from the Industrial Access Account to the Genito/Woolridge
Intersection Project; transfer $437,000 in Virginia
Department of Transportation (VDOT) Secondary Road funds from
the Rhodes Lane Paving Project to the Genito/Woolridge
Intersection Project; and authorize the County Administrator
to execute a V/DOT/county agreement amendment, acceptable to
the County Attorney, which provides for a deferment of
$332,684 in VDOT reimbursements until after July 1, 2004 for
the Genito/Woolridge Intersection Project.
And, further, the Board directed staff to provide funding
options for completion of the Powhite Parkway extension at
the August 28, 2002 meeting.
Ayes: Warren and Barber.
Nays: McHale.
Absent: Miller and Humphrey.
9. HEARINGS OF CITIZENS ON UNSCHEDULEDMATTERS OR CLAIMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
10. REPORTS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted a Status Report on the 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:
ADDITION LENGTH
ASHLEY FOREST, SECTION B
(Effective 6/26/02)
Alderwood Court (Route 4558) - From Alderwood
Way (Route 4595) to Cul-de-sac
Alderwood Terrace (Route 4557) - From Alderwood
Way (Route 4595) to Cul-de-sac
0.06 Mi
0.10 Mi
02- 523
07/24/02
Alderwood Way (Route 4595) - From Alderwood Court
(Route 4558) to 0.03 mile east of Alderwood Court
(Route 4558)
Alderwood Way (Route 4595) - From Alderwood
Trail (Route 4557) to Alderwood Court (Route
4558)
Alderwood Way (Route 4595) - From 0.02 mile
east of Pine Vista Lane (Route 4596) to
Alderwood Trail (Route 4557)
Dogwood Ridge Court (Route 4556) - From
Wellspring Road (Route 4599) to Cul-de-sac
Wellspring Road (Route 4599) - From 0.14 mile
east of Harrowgate Road (Route 144) to Dogwood
Ridge Court (Route 4556)
Wellspring Road (Route 4599) - From Dogwood
Ridge Court (Route 4556) to 0.03 mile east of
Dogwood Ridge Court (Route 4556)
CLAYPOINTE, SECTION A
(Effective 6/21/02)
Blackbird Drive (Route 4664) - From Clear Ridge
Drive (Route 4658) to .05 mile north of Clear
Ridge Drive (Route 4658)
Clear Ridge Court (Route 4675) - From Clear
Ridge Drive (Route 4658) to Cul-de-sac
Clear Ridge Drive (Route 4658) - From Bailey
Bridge Road (Route 651) to Blackbird Drive
(Route 4664)
Clear Ridge Drive (Route 4658) - From
Intersection Clear Ridge Court and Morning
Dove Mews (Routes 4675 and 4676) to Spring
Bluff Road (Route 4659)
Clear Ridge Drive (Route 4658) - From
Intersection Nighthawk Court and Toronette
Way (Route 4666 and 4674) to Intersection
Clear Ridge Court and Morning Dove Mews
(Routes 4675 and 4676)
Clear Ridge Drive (Route 4658) - From Parrish
Branch Road (Route 4101) to Intersection
Nighthawk Court and Toronette Way (Routes
4666 and 4674)
Clear Ridge Drive (Route 4658) - From Blackbird
Drive (Route 4664) to Parrish Branch Road Route
4101)
Kingfisher Terrace (Route 4677) - From Spring
Bluff Road (Route 4659) to Cul-de-sac
Morning Dove Mews (Route 4676) - From Clear
Ridge Drive (Route 4658) to Cul-de-sac
Nighthawk Court (Route 4666) - From Clear
Ridge Drive (Route 4658) to Cul-de-sac
Parrish Branch Road (Route 4101) - From
Clear Ridge. Drive (Route 4658) to .04 mille
north of Clear Ridge Drive (Route 4658)
02- 524
0.03 Mi
0.05 Mi
0.07 Mi
0.19 Mi
0.02 Mi
0.03 Mi
0.05 Mi
0.04 Mi
0.10 Mi
0.05 Mi
0.05 Mi
0.09 Mi
0.06 Mi
0.10 Mi
0.06 Mi
0.03 Mi
0.04 Mi
07/24/02
Spring Bluff Road (Route 4659) - From Clear
Ridge Drive (Route 4658) to 0.01 mile north
of Clear Ridge Drive (Route 4658)
Spring Bluff Road (Route 4659) - From Kingfisher
Terrace (Route 4677) to 0.02 mile south of
Kingfisher Trail (Route 4677)
Spring Bluff Road (Route 4659) - From Clear
Ridge Drive (Route 4658) to Kingfisher Terrace
(Route 4677)
Toronette Way (Route 4674) - From Clear Ridge
Drive (Route 4658) to Cul-de-sac
CLAYPOINTE, SECTION B
(Effective 6/21/02)
Parrish Branch Road (Route 4101) - From 0.[)4
mile south of Wiltstaff Drive (Route 4665) to
Wiltstaff Drive (Route 4665)
Parrish Branch Road (Route 4101) - From Wiltstaff
Drive (Route 4665) to 0.06 mile north of
Wiltstaff Drive (Route 4665)
Spring Bluff Road (Route 4659) - From Wiltstaff
Drive (Route 4665) to 0.07 mile south of
Wiltstaff Drive (Route 4665)
Wiltstaff Court (Route 4679) - From Wiltstaff
Drive (Route 4665) to Cul-de-sac
Wiltstaff Drive (Route 4665) - From Wiltstaff
Court (Route 4679) to Cul-de-sac
Wiltstaff Drive (Route 4665) - From Spring Bluff
Road (Route 4659) to Wiltstaff Place (Route 4678)
Wiltstaff Drive (Route 4665) - From Parrish
Branch Road Route 4101) to Spring Bluff Road
(Route 4659)
Wiltstaff Drive (Route 4665) - From Wiltstaff
Place (Route 4678) to Wiltstaff Court (Route
4679)
Wiltstaff Place (Route 4678) - From Wiltstaff
Drive (Route 4665) to Cul-de-sac
GRAVITY HILL, SECTION 2
(Effective 6/24/02)
Gravity Hill Road (Route 5479) - From Gravity
Hill Trail (Route 5478) to Gravity Hill Road
Circle (Route 5479)
Gravity Hill Road (Route 5479) - From 0.11
mile south of Grove Hill Road (Route 5471)
to Gravity Hill Trail (Route 5478)
Gravity Hill Road Circle (Route 5479) - From
Gravity Hill Road (Route 5479) to Gravity Hill
Road (Route 5479)
Gravity Hill Trail (Route 5478) - From Gravity
Hill Trail Loop (Route 4691) to Gravity Hill
Trail Loop (Route 4691)
Gravity Hill Trail (Route 5478) - From Gravity
Hill Trail Loop (Route 4691) to Gravity Hill
Road (Route 5479)
02- 525
0.01 Mi
0.02 Mi
0.20 Mi
0.06 Mi
0.04 Mi
0.06 Mi
0.07 Mi
0.03 Mi
0.05 Mi
0.04 Mi
0.25 Mi
0.07 Mi
0.06 Mi
0.04 Mi
0.10 Mi
0.10 Mi
0.02 Mi
0.06 Mi
07/24/02
Gravity Hill Trail (Route 5478) - From 0.02
mile southeast of Gravity Hill Lane (Route
5477) to Gravity Hill Trail Loop (Route 4691)
Gravity Hill Trail Loop (Route 4691) - From
Gravity Hill Trail (Route 5478) to Gravity
Hill Trail (Route 5478)
HAMPTON PARK, SECTION 8
(Effective 6/26/02)
Hampton Glen Lane (Route 5245) - From Hampton
Glen Terrace (Route 4648) to Hampton Glen Lane
Loop Road (Route 4649)
Hampton Glen Lane (Route 5245) - From Hampton
Glen Lane Loop Road (Route 4649) to Hampton
Glen Lane Loop Road (Route 4649)
Hampton Glen Lane (Route 5245) - From Hampton
Glen Lane Loop Road (Route 4649) to 0.07 mile
west of Hampton Glen Lane Loop Road (Route
4649)
Hampton Glen Lane (Route 5245) - From 0.02 mile
west of Hampton Glen Mews (Route 5278) to
Hampton Glen Terrace (Route 4648)
Hampton Glen Lane Loop Road (Route 4649) - From
Hampton Glen Lane (Route 5245) to Hampton Glen
Lane (Route 5245)
Hampton Glen Terrace (Route 4648) - From Hampton
Glen Lane (Route 5245) to Cul-de-sac
MERIT GROVE
(Effective 6/26/02)
Merit Grove Court (Route 4657) - From Bridgewood
Road (Route 907) to Cul-de-sac
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
0.04 Mi
0.01 Mi
0.14 Mi
0.02 Mi
0.07 Mi
0.10 Mi
0.05 Mi
0.10 Mi
0.05 Mi
ii. DiN~-~R
On motion of Mr. McHale, seconded by Mr. Barber,
recessed to the Administration Building, Room
dinner.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
the Board
502, for
Reconvening:
Mr. Miller arrived at the meeting.
12. INVOCATION
Reverend C. Sherrill Michael, Pastor of Chester Outreach -
Nazarene Church, gave the invocation.
02- 526
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13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Miss Laura King led the Pledge of Allegiance to the flag of
the United States of America.
14. RESOLUTIONS AND SPECIAL RECOgNITiONS
14.A. RECOGNIZING MISS ALEXIS MICHELLE LYONS UPON ATTAINING
THE ~OLD AWARD
Mr. Kappel introduced Miss Alexis Lyons %~o was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Girl Scouts of the United States of
America is an organization serving over 2.6 million girls
and was founded to promote citizenship training and personal
development; and
WHEREAS, after earning four interest project patches,
the Career Exploration Pin, the Senior Girl Scout Leadership
Award, the Senior Girl Scout Challenge, and designing and
implementing a Girl Scout Gold Award project; and
WHEREAS, the Gold Award is the highest achievement
award in Girl Scouting and symbolizes outstanding
accomplishments in the areas of leadership, community
service, career planning, and personal development; and
WHEREAS, the Girl Scout Award can only be earned by
girls aged 14-17 or in grades 9-12 and is received by less
than six percent of those individuals entering the Girl
Scouting movement; and
WHEREAS, Miss Alexis Michelle Lyons, Troop 75,
sponsored by Ramsey United Methodist Church, has
accomplished these high standards and has been honored with
the Girl Scouts of America Gold Award by the Commonwealth
Girl Scout Council of Virginia; and
WHEREAS, growing through her experiences in Girl
Scouting, learning the lessons of responsible citizenship,
and priding herself on the great accomplishments of her
Country, Alexis is indeed a member of a new generation of
prepared young citizens of whom we can all be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its
congratulations to Miss Alexis Michelle Lyons on her
attainment of the Gold Award and acknowledges the good
fortune of the County to have such an outstanding young
woman as one of its citizens.
Ayes: Miller, Warren, Barber and McHale.
Nays: None.
Absent: Humphrey.
Mr. Warren presented the executed resolution and patch to
Miss Lyons, accompanied by members of her family,
congratulated her on her outstanding achievement, and wished
her well in her future endeavors.
02- 527
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i~.B. RECOGNIZING BOY SCOUTS UPON ATTAINING RANK OF EAGLE
SCOUT
14.B.1. ROBERT CLAYTON BRIG, S, MATOACA DISTRICT
Mr. Hammer introduced Mr. Robert Briggs who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
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; and
WHEREAS, Mr. Robert Clayton Briggs, Troop 806, sponsored
by Woodlake United Methodist Church, has accomplished those
high standards of commitment and has reached the long-sought
goal of Eagle Scout, which is earned by only four percent of
those individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Robert has distinguished himself as a member of a
new generation of prepared young citizens of whom we can all
be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its
congratulations to Mr. Robert Clayton Briggs on his
attainment of Eagle Scout, and acknowledges the good fortune
of the County to have such an outstanding young man as one of
its citizens.
Ayes: Miller, Warren, Barber and McHale.
Nays: None.
Absent: Humphrey.
Mr. Warren presented the executed resolution and patch to Mr.
Briggs, accompanied by members of his family, congratulated
him on his outstanding achievement, and wished him well in
his future endeavors.
14.B.2. JACOB WILLIAM ELKO, MATOACA DISTRICT
On motion of the Board, the following resolution was adopted:
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,
02- 528
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being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Jacob William Elko, Troop 175, sponsored by
Second Presbyterian Church, has accomplished those high
standards of commitment and has reached the long-sought goal
of Eagle Scout, which is earned by only four percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Jacob has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLVED, that. the Chesterfield
County Board of Supervisors hereby extends its
congratulations to Mr. Jacob William Elko on his attainment
of Eagle Scout, and acknowledges the good fortune of the
County to have such an outstanding young man as one of its
citizens.
Ayes: Miller, Warren, Barber and McHale.
Nays: None.
Absent: Humphrey.
(It is noted Mr. Elko was unable to attend the meeting and
the resolution will be forwarded to him.)
14.B.3. WILLIAM HOPKINS LINDSAYt MATOACA DISTRICT
Mr. Hammer introduced Mr. William Lindsay who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
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; and
WHEREAS, Mr. William Hopkins Lindsay, Troop 829,
sponsored by Saint Matthias' Episcopal Church, has
accomplished those high standards of commitment and has
reached the long-sought goal of Eagle Scout, which is earned
by only four percent of those individuals entering the
Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Bill has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its
congratulations to Mr. William Hopkins Lindsay on his
attainment of Eagle Scout, and acknowledges the good fortune
02- 529
07/24/02
of the County to have such an outstanding young man as one of
its citizens.
Ayes: Miller, Warren, Barber and McHale.
Nays: None.
Absent: Humphrey.
Mr. Warren presented the executed resolution and patch to Mr.
Lindsay, accompanied by members of his family, congratulated
him on his outstanding achievement, and wished him well in
his future endeavors.
15. REQUESTS FOR MOBILE 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 17
01SN0149
In Bermuda Magisterial District, MILLER OIL COMPANY, INC.
requests amendment to Conditional Use Planned Development
(Case 97SN0150) and amendment of zoning district map relative
to the hours of operation for a convenience/combination
store. Specifically, twenty-four (24) hour operation is
proposed. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
neighborhood commercial use. This recfuest lies on 2.14 acres
fronting approximately 450 feet on the north line of West
Hundred Road, also fronting approximately 210 feet on the
west line of Rock Hill Road and is located in the northwest
quadrant of the intersection of these roads. Tax ID 797-655-
3409 (Sheet 26).
Mr. Jacobson stated that the applicant has requested a
deferral until January 22, 2003.
Mr. LaVerne Cole, representing the applicant,
deferral until January 22, 2003.
requested a
Mr. Miller called for the public hearing.
No one came forward to speak to the deferral.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
deferred Case 01SN0149 until January 22, 2003.
Ayes: Miller, Warren, Barber and McHale.
Nays: None.
Absent: Humphrey.
01SN0257
In Bermuda Magisterial District, FIORUCCI FOODS, INC.
requests rezoning and amendment of zoning district map from
Light Industrial (I-l) to Residential (R-12) of 65.8 acres
and proffered conditions on an existing zoned Residential (R-
12) 0.5 acre tract. Residential use of up to 3.63 units per
acre is permitted in a Residential (R-12) District. The
Comprehensive Plan suggests the property is appropriate for
residential use of 1.5 units per acre or less. This request
lies on 66.3 acres fronting approximately 100 feet on the
south line of Southcreek Drive, approximately 175 feet west
02- 530
07/24/02
of Majestic Creek Drive.
6501 (Sheet 35).
Tax IDs 807-640-8711 and 807-641-
Mr. Jacobson presented a summary of Case 01SN0257 and stated
that the Planning Commission and staff recommend approval
and acceptance of the proffered conditions. He noted that
the request conforms to the Ruffin Mill Area Plan.
Ms. Ramona Sein, representing the applicant, stated that the
recommendation is acceptable.
Mr. Miller called for the public hearing.
No one came forward to speak to the request.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved Case 01SN0257 and accepted the following proffered
conditions:
The property owner (the "Owner") 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 themselves and their successors or assigns, proffer that
the development of the Property known as Chesterfield County
Tax ID 807-640-8711 and 807-641-6501 (the "Property") under
consideration will be developed according to the following
conditions if, and only if, the request for the Property to
be rezoned from I-1 with Conditional Use Planned Development
and R-12 to R-12 is granted. In the event the request is
denied or approved with conditions not agreed to by the
Owner, the proffers and conditions shall be immediately null
and void and or no further force or effect.
Timberinq. Except for the timbering approved by the
Virginia State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance
permit has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. (EE)
o
Utilities.
used. (U)
Public water and wastewater systems shall be
Minimum Lot Size.
lot. (P)
A minimum of 18,000 square feet per
Averaqe Lot Size. The overall average lot size shall be
a minimum of 24,032 square feet. (P)
o
Density. A maximum of 36 lots may be developed on the
Property. (P)
Access. A maximum of one access to South Creek Drive
shall be permitted through Tax ID 807-641-6501. (T)
o
Cash Proffer. For each dwelling unit developed on the
Property, the Owner shall pay $4962 per unit to the
County of Chesterfield, prior to the time of issuance of
a building permit, for infrastructure improvements
within the service district for the Property if paid
prior to July 1, 2002. At the time of payment, the cash
proffer shall be allocated pro-rata among the facility
costs as calculated annually by the County Budget
Department as follows: $ 3565 for schools, $ 280 for
library facilities, $ 312 for fire stations and $805 for
parks. Thereafter, such payment shall be the amount
approved by the Board of Supervisors not to exceed $4962
per unit adjusted upward by any increase in the Marshall
02- 531
07/24/02
and Swift Building Cost Index between July 1, 2001 and
July 1 of the fiscal year in which the payment is made
if paid after June 30, 2002. If any of the cash
proffers are not expended for the purposes designated by
the Capital Improvement Program within fifteen (15)
years from the date of payment, they shall be returned
in full to the payor. Should Chesterfield County impose
impact fees at any time during the life of the
development that are applicable to the Property, the
amount paid in cash proffers shall be in lieu of or
credited toward, but not in addition to, any impact fees
in a manner as determined by the County. (B&M)
Communication with Southcreek Homeowners Association and
ProDert¥ Owners Adjacent to Tax ID 807-641-6501. The
Owner shall be responsible for notification, by
registered, certified or first class mail, to the last
known representative on file with the Chesterfield
County Planning Department of Southcreek Homeowners
Association and the property owners of Tax ID 807-641-
5504 and 807-640-7898, of the submission of any
tentative subdivision plan. Such notification shall
occur as soon as practical, but in no event less than
twenty-one (21) days prior to approval or disapproval of
any tentative subdivision plan. The Owner shall provide
the Planning Department with evidence that such notice
was sent. (P)
o
Deedinq of Surplus ProDerties from Tax ID 807-641-6501
to Tax ID 807-641-5504 and 807-640-7898. The surplus
properties created by the right-of-way dedication on Tax
ID 807-641-6501 shall be deeded, separately to the
adjacent property owners of Tax ID 807-641-5504 and 807-
640-7898, provided that such adjacent property owners
agree within forty-five (45) days after final rezoning
to accept such conveyance and subsequent to this
acceptance, subdivision approval has been obtained to
combine the surplus properties with the adjacent lots.
(p)
10.
Covenants, Conditions and Restrictions. At a minimum,
the following restrictive covenants shall be recorded
prior to or in conjunction with the recordation of any
subdivision plat of the Property:
No lots shall be used except for single-family
residential purposes. No building shall be
erected, altered, placed or permitted to remain on
any lot other than one detached single-family
dwelling not to exceed three stories in height and
one private garage for not more than two cars.
Only one residence shall be erected or placed on a
single lot, and no lot shall., after its original
conveyance, be subdivided into smaller lots or
parcels. No structure of a temporary character,
trailer, mobile home, basement, tent, shack,
garage, barn or other outbuilding shall be used on
any lot at any time as a residence either
temporarily or permanently. Eighteen wheel tractor
trailers are prohibited from being parked on or
maintained on any lot at anytime.
o
No nuisance, obnoxious, or offensive activities
shall be permitted to exist or operate upon any
portion of any property so as to be detrimental to
or interfere with any other property in the
vicinity there or to its occupants.
No lot shall be used or maintained as a dumping
ground for rubbish, trash, garbage or other waste.
Nor shall any of the above be kept on any lot
02- 532
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o
o
10.
11.
except in sanitary containers, in the rear yards
only.
No animals, livestock, hogs, pigs or poultry of any
kind, shall be raised, bred, or kept on any lot
except that dogs, cats, or other household pets may
be kept therein if they are not kept, bred or
maintained for any commercial purpose, and in
accordance with the applicable ordinances. For the
purpose herein pigs and/or hogs, including, but not
limited to ~pot belly" pigs are not household pets.
No sign of any kind shall be displayed to the
public view on any lot except one sign of not more
than five square feet advertising the property for
sale or rent, unless approved by the Architectural
Control Committee in writing.
An Architectural Control Committee (herein called
~Committee") originally composed of three (3)
members is hereby established. Any two members of
the Committee may act on behalf of the Committee
without holding a meeting of the full Committee or
giving notice to the other members. The members
of the Committee shall receive no compensation for
acting hereunder.
No improvement shall be erected, placed or altered
on any lot until the construction plan thereof, and
a plan showing the location of the said improvement
shall have been submitted to and approved by the
Architectural Control Committee. No construction
on said improvements shall commence until the said
plans and location of said improvements shall have
been approved by the Committee in writing. The
Committee reserves the right to request such
information and data as may be necessary to make
said determination. Prior to the commencement of
any improvements, written approval may be withdrawn
at any time by the Committee by giving written
notice to said party of its withdrawal of said
approval. The Committee approval as required above
shall be in writing and, in the absence of such
written approval, construction plans and location
plans shall be considered as disapproved. The
building location an all lots shall be within the
applicable County zoning ordinance, and at the
discretion of the said Committee.
There shall be no clearing or other disturbances of
the area within the 100 year flood plan except
utility and drainage easements. The flood plan and
creek areas shall otherwise remain in their present
natural state.
The foundation of all single family residences on
any lot shall be constructed of brick only on all
front exterior walls, unless otherwise approved by
the Committee. No exposed cinder of concrete block
exterior walls or foundations shall be erected.
All single family residences must have some
exterior appurtenance on either the front or side
elevations, such as covered stoops, covered porches
or decks. These exterior appurtenances must be a
minimum of 40 square feet. All one and one-half
story cape style single family residences shall
have at least one dormer window.
Ail single family residence shall conform to a
Colonial, Traditional, or Transitional
architectural style. No aluminum siding will be
used, with the exception of aluminum trim. The
02- 533
07/24/02
12.
13.
14.
15.
16.
roof pitch on all single-family residences, except
for covered porches shall have a minimum of six
inches of rise for every foot. Dimensional
shingles shall be used on all residences.
Ail single family residences shall
following minimum square footage:
have the
a)
The floor area of a single story, ranch style
single family residence slhall not be less than
1,400 square feet.
b)
The floor area of any one and one half story,
cape cod style residence shall not be less
than 1,500 square feet.
c)
The floor area of any two-story residence
shall not be less than 1,600 square feet.
d)
Attached porches, covered stoops, breezeways,
and garages shall not be included in computing
minimum square footage.
No ranch single family residence shall be built on
a lot adjacent to another single family ranch style
residence.
The exterior of all houses and other structures
must be completed within ()ne year after the
construction of same shall have commenced, except
where such completion is impossible or would result
in great hardship to the owner or builder due to
strikes, fires, national emergency or natural
calamities. Houses may not be temporarily or
permanently occupied until the exteriors thereof
have been completed unless permitted by prior
written approval of the Architectural Control
Committee and evidence that a Certificate of
Occupancy has been issued by Chesterfield County.
During the continuance of construction the owner of
the lot shall require the contractor to maintain
the lot in a reasonably clean and uncluttered
condition.
Only mailboxes, newspaper tubes, lamp posts, and
driveway materials meeting the design standard of
the Architectural Control Committee shall be
permitted. The Declarant reserves the right to
establish mandatory uniform regulations to govern
the erection and/or alteration of same in the
subdivision. Such uniform regulations will be
administered through the Architectural Control
Committee.
Unless approved by the Architectural Control
Committee, no antenna, aerial or device of any kind
used for the purpose of transmitting or receiving
radio, television, microwave or satellite signals
shall be placed or erected on any lot or on the
exterior of any residence or any other building or
structure thereon.
No fence shall be permitted between the single
family residence and the street line (front yard).
Split rail fences or other wooden fences may be
built between the rear of the house and the rear
lot line (rear yard). The split rail fences may be
backed with approved wire to provide animal
retention. There shall be no other metal or chain
link fences permitted.
02- 53~
07/24/02
17.
18.
19.
20.
21.
22.
23.
Clothes lines or other clothes drying apparatus
shall be screened from public view in a manner
approved by the Architectural Control Committee.
Where possible and conditions permit, there will be
no strip clearing of all trees from any lot.
Anyone erecting improvements on the said lots must
strive to leave natural tree buffer on both the
rear and sides of all lots. However, brush and
scrub trees under six inches in diameter may be
removed from all lots if so desired.
Utility storage sheds or tool sheds shall have an
exterior texture and color that matches the
exterior texture and color of the residence on said
lot and must be placed between rear line of the
residence and the rear lot line.
Easements for installation and maintenance of
utilities and drainage are reserved as shown on
said subdivision plat.
The Declarant, while it may during the course of
the development of the Property subject or to be
subjected to the covenants, conditions and
restrictions herein set forth, may undertake to
maintain certain areas within the rights of way
and/or easements within said development. Said
conduct on the part of the Declarant shall not be
deemed to impose any continuing liability on the
Declarant to do so and the Declarant reserves to
themselves at all times the right to discontinue
any such maintenance.
Prior to the rights of way, easements and roads
being accepted by the Virginia Department of
Transportation, and the County of Chesterfield road
systems, no alterations, additions or improvements
shall be made within the rights of way and/or
easements including, but not limited to driveway
culvert areas, ditches and where driveways tie into
the roadways. At such time the rights of way,
easements and roadways are in the Virginia
Department of Transportation and Chesterfield
County systems all necessary permits and approvals
must be obtained from any and all required
government departments and/or agencies and the
Committee.
Areas designated as Common Areas, Private Drainage
Easement, and/or BMP facility on the herein
referenced plat are real property owned by Hill
Development Associates, Ltd., t/a The Hill
Companies, a Virginia Corporation or the Southcreek
Homeowners Association for the use and enjoyment of
the lot owners of Southcreek Subdivision.
Ownership of the Common Area shall be conveyed to
Southcreek Homeowners Association by a deed from
Declarant at such time as ninety percent (90%) of
the lots in $outhcreek have been conveyed to
homeowners, or October 1, 2000, whichever occurs
first.
Every lot owner shall have the right and easement
of enjoyment in and to the Common Area which shall
be appurtenant to and shall pass with the title to
every lot.
Declarant, for each lot owned in Southcreek, hereby
declares and covenants that every homeowner upon
accepting a deed to a lot will automatically become
a member to the Southcreek Homeowners Association
02- 535
07/24/02
(The ~Association"). Furthermore, by acceptance of
said deed, whether or not it shall be so recited in
each deed, each homeowner is deemed to covenant and
agrees to pay annual assessments to the
Association. The assessments levied by the
Association shall be used exclusively for the
improvement and maintenance of the Common Area,
right of ways, easements and for the maintenance of
the BMP facility per the BMP Facility Agreements
recorded with the Clerk of the Circuit Court,
Chesterfield County in Deed Book 2965, Page 608,
Deed Book 2965 Page 614, Deed iBook 2306, Pages 1532
through 1536 and any future BMP Facilities in
Southcreek. Nothing contained herein shall create
a duty on the part of Declarant to make any such
improvements. The Association shall pay any real
estate taxes and other charges assessed against the
Common Area.
The maximum annual assessment shall be (a)
Beginning October 1, 1993 the maximum annual
assessment shall be $120.00 per lot on which there
exists completed improvements as determined by the
issuance by the appropriate governmental authority
of a Certificate of Occupancy; (b) From and after
January 1, 1994 the maximum annual assessment may
be increased each year not more than ten percent
(10%) above the maximum assessment for the previous
year without a vote of the membership of the
Association of two-thirds (2/3) of the Association
members, voting in person or by the proxy, at a
meeting called for such purpose; (c) The Board of
Directors of the Association may fix the annual
assessment at any amount not in excess of the
maximum.
The annual assessments, together with the cost of
collecting delinquent assessment such as interest,
court costs and reasonable attorney fees shall be a
charge on the land and will be a continuing lien
upon the real estate (lot) against which such
assessment is made. Each such assessment, together
with interest, costs and reasonable attorney's
fees, shall be the personal obligation of the
person who was the owner of such lot when the
assessment became due. Any assessment not paid
within thirty (30) days after the due date shall
bear interest at the rate of ten percent (10%).
The Association may bring an action at law against
the lot and/or the owner(s) thereof. The Board of
Directors of the Association shall fix the amount
of the annual assessment against each lot at least
thirty (30) days in advance of each annual
assessment period and so notify in writing each lot
owner of such. The due date shall be established
by the Board of Directors of the Association. The
Association shall upon request, and for a
reasonable charge, furnish a certificate signed by
an officer of the Association setting forth whether
or not the assessments on a specified lot have been
paid.
Any assessments, charges and cost of the
maintenance of such Common Area shall constitute a
lien on the individual lots inferior in lien and
dignity only to real estate taxes and bona fide
duly recorded first deeds of trust on each lot.
Sale or transfer of any lot shall not affect the
assessment lien, however the sale or transfer of
any lot pursuant to a first deed of trust
foreclosure or any proceeding in lieu thereof,
shall extinguish the lien of such assessments as to
02- 536
07/24/02
payments which became due prior to such sale or
transfer. No sale or transfer shall relieve such
lot for any assessment thereafter becoming due or
from the lien thereof.
24.
Each and every covenant, condition and easement
herein imposed may be enforced by the undersigned
or by the owner of any lot by appropriate
proceedings at law or in equity against any party
violating or attempting or threatening to violate
the same.
25.
Invalidation of any one of these covenants or
conditions by judgment or court adjudication or
otherwise shall in no way modify, affect, or
invalidate any of the other remaining covenants and
conditions herein contained which shall remain in
full force and effect.
26.
Declarant and successor or assigns hereby expressly
reserve the right to release or modify in part any
of the restrictive covenants or conditions
contained herein.
27.
The covenants and conditions herein contained,
unless expressly released or modified, shall run
with the land and shall be binding upon the owner
or owners of each and every lot, and all parties
claiming through or under each such owner or owners
for a period of 25 years from the date of the
recordation hereof, after which period such
covenants and conditions shall be automatically
extended for successive periods of ten years each,
unless prior to the expiration of said period, an
instrument executed and acknowledged by the then
owners of the majority of all the lots be recorded
in the appropriate Clerk's Office revoking the said
covenants and conditions, at which time the
covenants and conditions shall cease and have no
further effect at the end of the applicable
extension period. (P)
Ayes: Miller, Warren, Barber and McHale.
Nays: None.
Absent: Humphrey.
02SN0240
In Midlothian Magisterial District, P & F LLC requests
Conditional Use Planned Development and amendment of zoning
district map to permit body, major engine and transmission
repair of motor vehicles in a Community Business (C-3)
District. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
general commercial use. This request lies on 4.8 acres and
is known as 9530 Midlothian Turnpike. Tax ID 752-707-1744
(Sheet 6).
Mr. Jacobson presented a summary of Case 02SN0240 and stated
that the Planning Commission and staff recommend approval
and acceptance of one proffered condition. He noted that
the request conforms to the Northern Area Plan.
Mr. William Shewmake, representing the applicant,
that the recommendation is acceptable.
stated
Mr. Miller called for the public hearing.
02- 537
07/24/02
No one came forward to speak to the request.
On motion of Mr. Barber, seconded by Mr. Warren, the Board
approved Case 02SN0240 and accepted the following proffered
condition:
The entrance to any motor vehicle repair facility shall not
be located along the southern wall or the northern wall of
any building on the subject property, and shall be located a
minimum of seventy-five (75) feet from Midlothian Turnpike.
(p)
Ayes: Miller, Warren, Barber and McHale.
Nays: None.
Absent: Humphrey.
02SN0263
In Bermuda Magisterial District, KEITH AND MOLLY TOGNA
request Conditional Use and amendment of zoning district map
to permit a two (2) family dwelling in a Residential (R-12)
District. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
single family residential use of 1.01 to 2.5 units per acre.
This request lies on 0.3 acre and is known as 10708 Hamlin
Way. Tax ID 789-661-1551 (Sheet 26).
Mr. Jacobson presented a summary of Case 02SN0263 and stated
that the Planning Commission and staff recommend approval
subject to conditions.
Mr. Keith Togna stated that the recommendation is acceptable.
Mr. Miller/Warren called for the public hearing.
No one came forward to speak to the request.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved Case 02SN0263 subject to the following conditions:
Occupancy of the second dwelling unit shall be
limited to: the occupants of the principal dwelling
unit; individuals related to them by blood,
marriage, adoption or guardianship; foster
children; guests; and any domestic servants. (P)
o
For the purposes of providing record notice, within
thirty (30) days of the approval of this request:
so
An instrument titled "notice of zoning
restriction" shall be recorded with the
property owner indexed as ~grantor" and
setting forth the limitations of Condition 1;
and
bo
The deed book and page number of such notice
and a copy of the notice as recorded shall be
submitted to the Planning Department. (P)
Ayes: Miller, Warren, Barber and McHale.
Nays: None.
Absent: Humphrey.
02- 538
07/24/02
16. PUBLIC HEARINGS
16.A. TO CONSIDER THE PARKS AND RECREATION MASTER PLAN
Mr. Golden presented a summary of the proposed Parks and
Recreation Master Plan. He stated that the central themes of
the Plan include taking care of current facilities;
increasing system diversity; structuring the development
program; and developing strategic partnerships. He reviewed
the methodology used to produce the Master Plan. He then
reviewed trends of public discussion including increased
interest in family-oriented and individual recreation;
increased interest in walking and bicycling; older and more
diverse population; close to home recreational opportunities;
increased interest in historic sites; and slowed growth in
sports participation. He reviewed Plan recommendations
including acquisition of parkland; building/upgrading sports
facilities; addressing annual renovations and replacement
needs of aging facilities; additional/expanded general
recreation facilities; continued partnerships with historic
groups for historic sites; and expanding community centers to
a county-wide system. He then reviewed recommendations for
companion plans and studies including an open space and
linear parks plan; a cultural landscape and historic
resources inventory and evaluation; a public service business
plan; an action plan for partnership and volunteer outreach;
and a gym space and development plan. He stated that
approximately 40,000 citizens participate in youth sports and
more than three million visits are made to county park
facilities annually.
Mr. Miller called for the public hearing.
No one came forward to speak to the issue.
On motion of Mr. Barber, seconded by Mr. Warren, the Board
approved the Parks and Recreation Master Plan and removed the
1994 adopted Parks and Recreation Master Plan from the Plan
for Chesterfield, the county's comprehensive plan. (It is
noted a copy of the newly adopted Parks and Recreation Master
Plan is filed with the papers of this Board.)
Ayes: Miller, Warren, Barber and McHale.
Nays: None.
Absent: Humphrey.
16.B. TO CONSIDER THE ADOPTION OF AN ORDINANCE TO COLLECT
SHERIFF'S FEES FOR~ (A) CRIMINAL AND TRAFFIC
CONVICTIONS, AND (B) JAIL PROCESSING
Mr. Micas stated that this date and time has been advertised
for a public hearing to consider the adoption of an ordinance
to collect two new Sheriff's fees as part of court costs in
criminal and traffic convictions.
Mr. Ramsey noted that the FY2003 budget was adopted in
anticipation that this ordinance would be adopted.
Mr. Miller called for the public hearing.
No one came forward to speak to the ordinance.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following ordinance:
02- 539
07/24/02
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING
SECTION 9-132 RELATING TO THE COLLECTION OF
SHERIFF'S FEES AS COURT COSTS IN CRIMINAL AND TRAFFIC
PROCEEDINGS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 9-132 of the Code of the County of
Chesterfield, 1997, as amended, is added to read as follows:
Sec. 9-132
Collection of processing fees for persons
admitted to jail following conviction and fees
for courthouse security.
(a) (i) In addition to any other fees prescribed
by law, a twenty five dollar ($25.00) processing fee is
hereby imposed on every individual admitted to the county or
regional jail following conviction in a district or circuit
court.
(ii) This processing fee shall be ordered as
a part of court costs collected by the clerk, deposited into
the account of the county treasurer, and shall be
appropriated to the sheriff to defray the costs of processing
arrested persons into the jail.
(b) (i) In addition to any other fees prescribed
by law, a fee of five dollars ($5.00) is hereby imposed in
each criminal and traffic case in which the defendant is
convicted of a violation of any statute or ordinance. The
clerks of the district and circuit courts shall charge and
collect this fee as a part of the fees taxed as costs.
(ii) After collection by the clerk of the
court in which the case is heard, the fee shall be remitted
to the county treasurer and held subject to appropriation by
the Board of Supervisors to the sheriff's office for funding
courthouse security personnel.
(iii) The provisions of this subsection (b)
expire on July 1, 2004.
(2) That this ordinance shall become effective on August
1, 2002.
Ayes: Miller, Warren, Barber and McHale.
Nays: None.
Absent: Humphrey.
16.C. TO CONSIDER A REQUEST TO QUITCLAIM A 2.855 ACRE RIGHT
OF WAY WITHIN AMBERLEIGH TO AMBERLEIGH, L.L.C.
Mr. Stith stated that this date and time has been advertised
for a public hearing to consider a request from Balzer and
Associates, Incorporated to quitclaim a 2.855 acre right of
way within Amberleigh to Amberleigh, L.L.C.
Mr. Miller called for the public hearing.
No one came forward to speak to the issue.
On motion of Mr. Warren, seconded by Mr. McHale, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
02- 540
07/24/02
2.855 acre right of way to Amberleigh, L.C..C. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Miller, Warren, Barber and McHale.
Nays: None.
Absent: Humphrey.
17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS
02SN0171
In Dale Magisterial District, DOUGLAS J. AND DEBORAH A.
HACKMAN request rezoning and amendment of zoning district map
from Agricultural (A) to Light Industrial (I-l) with
Conditional Use Planned Development to permit a stock farm
and exceptions to Ordinance requirements. The density of
such amendments will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for light industrial use. This
request lies on 24.4 acres fronting approximately 850 feet on
the east line of Newbys Bridge Road, also fronting
approximately 1,160 feet on the south line of Hagood Lane and
is located in the southeast quadrant of tlhe intersection of
these roads. Tax ID 757-677-2517 (Sheet ].7).
Ms. Beverly Rogers presented a summary of Case 02SN0171 and
stated that staff recommends approval subject to all uses
being connected to the public utility system and all parking
areas being paved. She further stated that staff has
recommended that an exception not be granted to the required
100 foot setback along Hagood Lane and that indoor
recreational uses not be allowed. She noted that, with the
exception of the indoor recreational uses, the request
conforms to the Central Area Plan which recommends light
industrial uses. She stated that, because the subject
property is at the northern edge of the Plan's recommendation
for light industrial uses, staff feels the required setbacks
along Hagood Lane should be maintained to ensure land use
transition and compatibility with future residential uses to
the north of the subject property. She stated that the
requested paving exceptions are not representative of the
quality of development seen in the Moorefield and Arboretum
Park developments, suggested by the Plan. She further stated
that the Planning Commission has recommended approval subject
to 12 conditions. She stated that the Commission's
recommendation would not allow the indoor recreational uses
requested by the applicant. She further stated that the
Planning Commission indicated that its recommendation
generally complies with the Central Area Plan and would allow
limited development without paving and extension of public
utilities, but long term the paving and utilities
requirements would be met through future development on the
site. She stated that the applicant has indicated that the
Planning Commission's recommendation is acceptable except for
the prohibition against indoor recreational uses, and they
would also like those uses to be exempted[ from utility and
paving requirements. She further stated that, in lieu of
Conditions 7, 10 and 12 as recommended by the Commission, the
applicant has requested that the Board accept two proffered
conditions outlined in the staff report, and noted that the
Board received an addendum which should be corrected to
reflect a date of April 15, 2002 on the textual statement.
When asked, Ms. Rogers stated that the ordinance requires a
100-foot setback when Light Industrial uses are adjacent to
future Residential land uses. She further stated that the
Central Area Plan calls for Residential uses north of the
site, and indicated that the applicant has requested a 20-
foot setback exception to the 100 foot setback from the
center line of Hagood Lane. She stated that indoor
recreational uses are more of a commercial nature versus
02- 54,1
07/24/02
office/industrial nature, and it is staff's opinion that the
use does not comply with the Plan. She further stated that
staff did not oppose the adult day care center because the
applicant's business is a home health care business.
Discussion ensued relative to the requested paving and
utility exceptions.
When asked, Ms. Rogers stated that the bulk of what the
applicant has requested complies with the Central Area Plan;
there is no policy or ordinance relative to the utility
issue; and the use exceptions requested are marginal.
Mr. Andy Scherzer, representing the applicant, stated that
the proposed development is a unique industrial park that has
been created with a campus-like atmosphere. He further
stated that the applicant has limited itself to office uses
within 250 feet along Hagood Lane, and the requested setback
exception will match the office setback along the Hagood Lane
property line. He stated that the paving exception has been
requested to maintain the quality of the horse pasture area
that will be centered in the development. He further stated
that the proposed development includes a child-care center
oriented towards the employees of the businesses and an adult
day-care open to the community as well as the employees and
their families. He stated that the applicant has also
requested approval of a limited senior-oriented recreational
use and noted that the Parks and Recreation Master Plan
indicates a need for an adult senior center in the area of
the proposed development.
When asked, Mr. Scherzer stated that the applicant has agreed
to dedicate the right of way for the proposed development as
well as provide right and left turn lanes. He further stated
that the applicant has limited the development to one access
on Newbys Bridge Road, and reserved the possibility to have a
future access to Hagood Lane. He further stated that the
area adjacent to Hagood Lane will be limited to office uses,
and the adult recreational use is proposed as a separate
structure.
Mrs. Deborah Hackman provided a lengthy description of home
health care services provided by her existing business, as
well as her vision for the proposed development that is
designed to maintain the rural atmosphere of Newbys Bridge
Road. She stated that crushed gravel is proposed for both
the entrance and driveway to maintain the architectural look
of the development and described the advantages of crushed
gravel as opposed to pavement. She stated that desirable
tenants for the proposed office buildings include physicians
and medical specialists, a durable medical equipment company,
a Christian rock radio station, a digital printing company, a
~kitchen" which would provide catering for the adult day-care
center, and a community center which would provide activities
for patients of the adult day-care center as well as serve
the residents of the Newbys Bridge/Belmont Road area. She
stressed the importance of seniors at adult day-care
facilities having some place to go during the day.
When asked, Ms. Rogers clarified that the adult day-care
center is not tied directly to the home health care business,
but the child-care center would be specifically for children
of the employees of the proposed development. She stated
that the adult day-care center has been limited to within 250
feet of Hagood Lane, and staff sees that as a transitional
use. She further stated that the proposed stand-alone senior
center is more like a recreational use which staff typically
allows only in commercial areas. She stated that day-care
centers are allowed in an office-type environment.
Mrs. Hackman stated that all adult day-care centers provide
internal recreation. She further stated that a separate
02- 542
07/24/02
building for the senior center would allow the public to use
the facility to its fullest.
Mr. Warren expressed appreciation to Mrs. Hackman for her
presentation and stated that the proposed development sounds
like a wonderful project.
Mr. Miller called for the public hearing.
Ms. Amber Cole, a resident of Newbys Bridge Road, stated that
she does not support the proposed development because she
feels it will be disruptive to the community. She expressed
concerns that real estate taxes on surrounding properties
will increase if the development is approved, and stated that
the property owners in her area have no plans to sell for
industrial development. She further stated that the
co~unity would welcome the horse farm and could probably
agree to one building for the home health care business. She
expressed concerns relative to increased traffic that the
proposed development would generate and stated that a turning
lane would affect her property. She stated that Newbys
Bridge Road has deep ditches and no shoulders, and she has
seen eight accidents in front of her home in the past two
years. She expressed concerns relative to buffers and
requested that the applicant provide a 50-foot buffer on the
southern side of the subject property. She stated that one
well in the area has already gone dry because of the drought
and indicated that she feels the applicant should be required
to hook-up to county utilities for water use. She suggested
that the property remain Agricultural and the applicant be
given a Conditional Use Permit for one office building.
Mr. Lewis Smith, a resident of Newbys Bridge Road, expressed
concerns relative to wells going dry and lack of fire
hydrants in the area. He stated that the subject property is
a flood area and is not suitable for development. He
expressed concerns relative to the road conditions in the
vicinity of the proposed development and increased real
estate taxes if the development is approved. He requested
that the Board deny the request unless it is limited to one
building and a horse farm.
Ms. Dorothy Smith, a resident of Newbys Bridge Road,
expressed concerns relative to the way property is being
developed in the county. She stated that she realizes the
county must have industry to survive, but does not feel
industry is appropriate in the center of agricultural land.
Mr. Ellis Nester, a resident of Newbys Bridge Road, stated
that he has no objection to a limited use, but has misgivings
about the large expansion described by Mrs. Hackman. He
expressed concerns relative to the necessity for water and
sewer for a development of this size; the effect of the
development upon the future of his property; increased real
estate taxes and traffic; and the drainage situation on the
subject property.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Scherzer stated that industrial development conforms to
the Comprehensive Plan for the subject property and indicated
that the proposed development could set the standard for the
style of development that could occur. He further stated
that the applicant has only requested a limited number of
uses prior to extending public water and sewer. He stated
that road improvements will be provided along the frontage of
the subject property. He further stated that the Assessor's
office has indicated that the proposed development will not
increase the real estate taxes of area residents under their
current Agricultural zoning. He stated that he feels the
proposed development meets the intent of the Comprehensive
02- 54,3
07/24/02
Plan and all of the requested uses are appropriate. He
requested that the Board approve the Planning Commission's
recommendation and also allow the requested senior
recreational center use.
When asked, Ms. Rogers stated that, if antennas were
architecturally incorporated into the structure of the
proposed development, they would be permitted. She further
stated that towers would not be permitted on the subject
property without a Special Use Permit.
Mr. Miller stated that the proposed development conforms to
the Central Area Plan. He further stated that he understands
the neighbors' concerns, but feels the proposed development
represents a reasonable compromise with the architectural
proffers, the degree of quality of the project; and the
sufficient limiting of uses proposed by the Planning
Commission. He stated that, because of the transitional
nature of the subject property, he does not see a problem
with the 20-foot setback exception. He expressed concerns
relative to the requested use for an adult recreational
center because it is not legally limited to the other uses.
He stated that the paving exception and the exception for
connecting to public water and sewer make sense for the
limited uses and limited time. He further stated that the
Planning Commission worked hard to arrive at this proposal,
and indicated that he feels it will prove to be a good
project that will set a standard for quality.
Mr. Miller then made a motion for the Board to approve Case
02SN0171 subject to Conditions 1-12 recommended by the
Planning Commission, as amended in the addendum to reflect
the date of April 15, 2002, and to deny the requested
adult recreational use.
Mr. Warren seconded the motion.
Mr. Miller called for a vote on his motion, seconded by Mr.
Warren, for the Board to approve Case 02SN0171 subject to the
following conditions:
Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing
dead or diseased trees, there shall be no timbering
on the Property until a land disturbance permit has
been obtained from the Environmental Engineering
Department and the approved devices have been
installed. (EE)
o
Prior to any site plan approval, or upon request by
the Transportation Department, whichever occurs
first, the following rights of way shall be
dedicated, free and unrestricted, to and for the
benefit of Chesterfield County:
a)
Thirty (30) feet of right of way on the south
side of Hagood Lane, measured from the
centerline of that part of Hagood Lane
immediately adjacent to the property; and
b)
Forty-five (45) feet of right of way on the
east side of Newbys Bridge Road, measured
from the centerline of that part of Newbys
Bridge Road immediately adjacent to the
property. (T)
Direct access from the property to Newbys Bridge
Road shall be limited to one (1) entrance/exit,
generally located towards the Southern property
line. The exact location of this entrance/exit
shall be approved by the Transportation Department.
(T)
02-
07/24/02
o
o
o
To provide an adequate roadway system at the time
of complete development, the owner/developer shall
be responsible for the following:
so
Construction of additional pavement along
Newbys Bridge Road at Hagood Lane and at the
approved access to provide right and left turn
lanes, if warranted based on Transportation
Department standards.
bo
Reconstruction of Hagood Lane to a twenty (20)
foot wide roadway with four (4) foot wide
shoulders from Newbys Bridge Road to any
future eastern access on Hagood Lane.
Relocation of the ditch to provide an adequate
shoulder along the east side of Newbys Bridge
Road for the entire property frontage; and
do
Dedication to Chesterfield County, free and
unrestricted, any additional right of way (or
easements) required for the improvements
identified above. In the event the developer
is unable to acquire any off-site right of way
that is necessary for road improvements
described in proffered condition 4.a., the
developer may request, in writing, that the
County acquire such right of way as a public
road improvement. All costs associated with
the acquisition of the right of way shall be
borne by the developer. In the event the
County chooses not to assist the developer in
acquisition of the ~off-site" right of way,
the developer shall be relieved of the
obligation to acquire the ~off-site" right of
way, and shall provide the road improvements
within available right of way as determined by
the Transportation Department. (T)
Prior to any site plan approval, a phasing plan for
the required road improvements, as identified in
Proffered Condition 4, shall be submitted to and
approved by the Transportation Department. (T)
Uses located within 250 feet of the ultimate right
of way of Hagood Lane shall be limited to office,
adult daycare, and child daycare uses as limited by
the textual statement. (P)
With the exception of stock farm uses and a maximum
of 30,000 gross square feet of 1) office uses,
child and adult daycare uses located within 250
feet of the ultimate right of way of Hagood Lane,
2) home health care office use, as operated by
Douglas J. and Deborah A. Hackman, and 3) medical
equipment rental, and stock farm use, all other
uses shall be connected to the public water and
wastewater systems. At such time as either the
public water or wastewater system(s) is extended to
within 200 feet of the subject property, connection
to that system shall be made to all uses on the
Property excluding stock farm uses. (U & P)
Development shall be designed in a campus style
setting to be achieved through landscaping and
building orientation towards a common open space,
generally, located internal to the project.
Buildings shall be compatible in architectural
style, colors and materials to the design shown on
Exhibit A. Further, all uses shall be oriented
toward an internal road network within the project
02- 54,5
07/24/02
and away from Newbys Bridge Road. In conjunction
with the first site plan submittal, an overall
conceptual project layout and landscaping plan
shall be submitted to the Planning Department for
review and approval. (P)
Uses permitted by right shall be limited to the
following uses.
a)
Access to land located in an agricultural,
office, business, or industrial district or
used for agricultural, office, or business
purposes.
b)
Manufacturing of apparel and other finished
products made from fabrics, leather and
similar materials, except leather tanning,
limited to a maximum of 12,000 gross square
feet.
c)
Bakery products manufacturing, limited to a
maximum of 12,000 gross square feet.
d) Catering establishment.
e) Engraving and allied services.
f)
Communications studios and station,
include towers (see restricted uses).
not to
g)
Confectionery and related products
manufacturing, limited to a maximum of 12,000
gross square feet.
h)
Costume jewelry, costume novelties, buttons
and miscellaneous notions (except precious
metals) manufacturing.
i)
Electric, lighting and wiring equipment,
household appliances, computer equipment,
communication equipment (including radio and
TV) and electronic components and accessories
manufacturing, limited to a maximum of 12,000
gross square feet.
Laboratories and other
development facilities.
research and
k) Lamp shades manufacturing.
1 Motion picture production.
m) Musical instruments and parts manufacturing.
n) Offices.
o)
Pens, pencils and other artist's materials
manufacturing.
p) Photographic and optical goods manufacturing.
q)
Printing, publishing and allied industries,
limited to a maximum of 12,000 gross square
feet. Printing shall be digital only.
r)
Professional scientific
instruments manufacturing.
and controlling
s)
Recycling and processing of any material
permitted to be manufactured in this district.
02- 54,6
07/24/02
10.
t)
Roasting coffee, coffee products and tea
manufacturing, limited to a maximum of 12,000
gross square feet.
u)
Toy, amusement, sporting and athletic goods
manufacturing, limited to a maximum of 12,000
gross square feet.
v)
Underground utility uses, except as provided
in Section 19-181(d), when such uses are
located in easements or public road right of
ways.
w)
Watch and clock manufacturing, limited to a
maximum of 12,000 gross square feet.
x)
Communications towers - provided that the
structure is architecturally incorporated into
the design of a building.
y) Satellite dishes, provided that:
(i)
The dishes are accessory to a principal
use; and
(2)
The diameter of the dish does not exceed
twelve (12) feet.
(3)
The dishes are fully screened from view
of adjacent properties. Such screening
shall comply with the requirements of
Section 19-522(b) of the Zoning
Ordinance.
z)
Wholesale greenhouses, hot houses and
nurseries provided that nothing except plant
materials are stored outside of a completely
enclosed building.
aa)
Wholesaling houses and distributors, limited
to a maximum of 12,000 gross square feet.
bb)
Equipment rental limited to medical equipment
(p)
(STAFF NOTE: THESE USES ARE IN ADDITION TO THOSE
ALLOWED BY THE TEXTUAL STATEMENT.)
Driveways and parking areas for a maximum of 30,000
gross square feet of 1) office uses, child and
adult daycare uses located within 250 feet of the
ultimate right of way of Hagood Lane, 2) home
health care office use, as operated by Douglas J.
and Deborah A. Hackman, and 3) medical equipment
rental shall not be required to be paved. Such
areas shall be designed to accommodate a weight
load of a minimum of 80,000 pounds. A geotechnical
report or a statement from a professional engineer
shall be submitted verifying this capacity. At a
minimum, such driveways and parking areas shall
have a minimum surface of six (6) inches of No. 21
or 2lA stone. The perimeter of unpaved driveways
and parking areas shall be delineated by permanent
means such as bumper blocks, railroad ties, timbers
or similar such treatment, as determined at the
time of site plan review. Provided, however, once
development exceeds 30,000 gross square feet of
total development on the Property, or public water
or sewer is extended to serve the development, all
driveways and parking areas on the Property shall
be subject to the surface treatment requirements of
the Zoning Ordinance, except for parking that
02- 5A7
07/24/02
serves a home health care office use, as operated
by Douglas J. and Deborah A. Hackman and stock farm
animals. (P)
11.
A minimum fifty (50) foot buffer shall be
maintained adjacent to Hagood Lane. This buffer
shall conform to the requirements of Sections 19-
521 and 19-522 of the Zoning Ordinance. (P)
12.
The Textual Statement dated April 15, 2002, shall
be approved except for Items 1.d. and 2. (P)
Ayes: Miller, Warren, Barber and McHale.
Nays: None.
Absent: Humphrey.
02SN0166
In Bermuda Magisterial District, TOKEN TOWER, L.L.C. requests
Conditional Use Planned Development and amendment of zoning
district map to permit one (1) communication tower with
height exceptions in an Agricultural (A) District. The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for general industrial
use. This request lies on 12.5 acres lying off the eastern
terminus of Station Road. Tax ID 792-685-5662 (Sheet 12).
Mr. Jacobson presented a summary of Case 02SN0166 and stated
that staff recommends denial because the request is not in
compliance with the Public Facilities Plan or the guidelines
for siting of communication tower locations, and the
construction of an additional tower on the subject property
would have a negative visual impact on the Jefferson Davis
Corridor. He further stated that the applicant has amended
its proposal from two additional towers to one additional
400-foot tower, and noted that there is an existing 540-foot
tower generally south and east of the proposal. He stated
that, following input from the Jefferson Davis Association
and the Falling Creek Ironworks Committee, the Planning
Commission recommended approval and acceptance of the
proffered conditions.
Mr. Brennen Keane, representing the applicant, stated that
he feels the request is in compliance with the Comprehensive
Plan and the policy for siting telecommunications towers.
He further stated that there is an existing tower on the
subject property that has eleven leases on it and is at its
structural capacity. He stated that the volume of traffic
on Chippenham Parkway and Interstate 95 as well as the large
number of industrial users in the area have created a
tremendous demand for services at this critical area and the
antennas on the existing tower are not capable of handling
the capacity. He further stated that wireless carriers want
to put a second set of antennas on another tower to handle
the capacity. He stated that the original proposal was for
two towers, but after concerns expressed by the Jefferson
Davis Association, was scaled back to one tower. He stated
that no opposition has been expressed for the proposal, and
requested that the Board approve the request.
Mr. Miller called for the public hearing.
No one came forward to speak to the request.
02- 548
07/24/02
After brief discussion, Mr. McHale made a motion, seconded
by Mr. Barber, for the Board to approve Case 02SN0166 and
accepted the proffered conditions.
When asked, Mr. Jacobson provided information relative to
the appearance of the proposed tower.
Mr. Miller called for a vote on the motion made by Mr.
McHale, seconded by Mr. Barber, for the Board to approve
Case 02SN0166 and accept the following proffered conditions:
PROFFERED CONDITIONS
The property owner (the "Owner") 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 themselves and their successors or assigns, proffer that
the development of the Property known as Chesterfield County
Tax Identification Number 792-685-5662 (the "Property") under
consideration will be developed according to the following
conditions if, and only if, the request for CUPD with height
exceptions is granted. In the event the request is denied or
approved with conditions not agreed to by the Owner, the
proffers and conditions shall immediately be null and void
and have no further force or effect.
With approval of this CUPD, one tower may be
constructed on the Property, which tower shall not
exceed a height of four hundred (400) feet above
ground level.
o
NOTE: AFTER APPROVAL OF THIS CUPD, THE APPLICANT
INTENDS TO SEEK AN AMENDMENT TO CONDITIONAL USE
PLANNED DEVELOPMENT CASE NUMBER 95SN0239, FURTHER
AMENDED BY CASE NUMBER 96SN0185 (THE "PINNACLE
PROPERTY CUPD") FOR THE ADJACENT PARCEL OF LAND
IDENTIFIED AS GPIN 792-685-9419 AND CURRENTLY OWNED
BY PINNACLE TOWERS, INC. (THE ~PINNACLE PROPERTY").
THE AMENDMENT, IF APPROVED, WILL REMOVE THE RIGHT
TO MAINTAIN THE EXISTING FIVE HUNDRED FORTY (540)
FOOT TOWER ON THE PINNACLE PROPERTY AS OF A DATE
CERTAIN (THE ~EXPIRATION DATE"). CONCURRENT WITH
SUCH AMENDMENT REQUEST, THE APPLICANT INTENDS TO
SEEK APPROVAL TO CONSTRUCT A FIVE HUNDRED FORTY
(540) FOOT TOWER ON THE PROPERTY CURRENTLY UNDER
CONSIDERATION IN THIS CUPD. THAT FACT
NOTWITHSTANDING, NOTHING HEREIN CONTAINED SHALL BE
DEEMED AS AN APPROVAL OF A FIVE HUNDRED FORTY (540)
TALL TOWER ON THE PROPERTY.
The floor elevation of any buildings located on the
Property shall be a minimum of one-foot above the
FEMA flood plain elevation. (EE)
There shall be no signs permitted to identify this
use. (P)
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
property line to accommodate evergreen plantings
having an initial height and spacing to minimize
the view of the base of the tower and accessory
ground mounted equipment or structures from the
adjacent properties. A detailed plan depicting
this requirement shall be submitted to the Planning
Department for approval in conjunction with final
site plan review. (P)
02- 549
07/24/02
The tower and equipment shall be designed and
installed so as not to interfere with the
Chesterfield County Public Safety Trunked System.
At the time of site plan review, the Owner shall
submit information as deemed necessary by the
Chesterfield County Communications and Electronics
staff to determine if an engineering study should
be performed to analyze the possibility of radio
frequency interference with the County system,
based upon tower location and height, and upon the
frequencies and effective radiated power generated
by tower mounted equipment. Prior to release of a
building permit the study, if required, shall be
submitted to, and approved by, the Chesterfield
County Communications and Electronics staff. (GS)
The Owner shall be responsible for correcting any
frequency problems that affect the Chesterfield
County Public Safety Trunked System caused by this
use. Such corrections shall be made immediately
upon notification by the Chesterfield County
Communications and Electronics staff. (GS)
The treatment, color and lighting system for the
tower shall be as follows:
The tower shall be gray or another neutral
color, acceptable to the Planning Department.
bo
If required by the FAA, lighting during
daylight hours shall be limited to strobe
lights with upward reflection and lighting
during night time hours shall be limited to
soft blinking lights. (P)
o
At such time the tower ceases to be used for
communications purposes for a period exceeding
twelve (12) consecutive months, the Owner shall
dismantle and remove the tower and all associated
equipment from the Property. (P)
o
No additional fill material shall be placed outside
the limits that are currently filled for any of the
buildings, the towers, or the guy wires. (EE)
Ayes: Miller, Warren, Barber and McHale.
Nays: None.
Absent: Humphrey.
02SN018~
In Matoaca Magisterial District, DART LLC requests rezoning
and amendment of zoning district map from Agricultural (A) to
Residential (R-15) plus relief to street access requirements.
Residential use of up to 2.90 units per acre is permitted in
a Residential (R-15) District. The Comprehensive Plan
suggests the property is appropriate for single family
residential use of 2.0 units per acre or less. This request
lies on 47.8 acres fronting approximately 270 feet on the
north line of Woolridge Road, approximately 1,800 feet west
of Fox Light Parkway. Tax IDs 712-677-4651 and 713-679-0553
(Sheet 15).
Mr. Jacobson presented a summary of Case 02SN0184 and stated
that the applicant has proposed an emergency access through
a church parking lot and is asking for an exception to the
subdivision ordinance requirement for a second access prior
to developing more than 50 lots. He further stated that
02- 550
07/24/02
staff recommends approval of the request because it conforms
to the Upper Swift Creek Plan and the developer has fully
addressed the impact of the proposed development on capital
facilities, but recommends that the applicant meet the
subdivision ordinance requirements of the emergency access
standard. He stated that the Planning Commission recommends
approval and acceptance of the proffered conditions, noting
that the request conforms to the Upper Swift Creek Plan, and
in their opinion, the emergency access would be temporary
and long term, the second permanent access would be provided
because there is a planned collector road that would connect
the front of the subject property to adjacent property, and
eventually there will be a stub road connection from the
subject property required in the proffered conditions to the
adjacent property as it develops.
Mr. Miller expressed concerns that the proposed development
is in the Matoaca District and Mrs. Humphrey is not present
to express her opinion relative to the request.
Mr. Barber stated that Mrs. Humphrey requested that he be
responsible for making a recommendation at the conclusion of
the public hearing.
Mr. Miller excused himself from the meeting.
Mr. Andy Scherzer, representing the applicant, stated that
the subject property is constrained on the east side by
Foxfire Subdivision, and indicated that the applicant could
not obtain stub roads into Foxfire. He further stated that
extensive wetlands exist on the back of the property and
there is no way to obtain future access to Otterdale Road.
He stated that the applicant has agreed to provide three
stub roads to the west, one being the collector road,
thereby creating new options for future development to
occur. He noted that the developer has agreed to fully
address the impact of the proposed development upon capital
facilities, and requested that the Board approve the
request.
Mr. Warren called for the public hearing.
No one came forward to speak to the request.
Mr. Barber stated that Mrs. Humphrey indicated to him that
she supports the request.
Mr. Barber then made a motion, seconded by Mr. Warren, for
the Board to approve Case 02SN0184 and accept the following
proffered conditions:
1. Public water and wastewater shall be used. (U)
o
The applicant, subdivider, or assignee(s) shall pay
the following to the county of Chesterfield at the
time of building permit application for
infrastructure improvements with in the service
district for the property:
ao
$7,800.00 per dwelling unit, if paid prior to
July 1, 2002; or
The amount approved by the Board of
Supervisors not to exceed $7,800.00 per
dwelling unit adjusted upward by any increase
02- 551
07/24/02
o
o
o
o
o
10.
in the Marshall and Swift building cost index
between July 1, 2001, and July 1 of the fiscal
year in which the payment is made if paid
after June 30, 2002.
In the event the cash payment is not used for which
proffered within 15 years of receipt, the cash
shall be returned in full to the payor. (B&M)
A fifty (50) foot buffer required in accordance
with the Subdivision Ordinance along Woolridge Road
shall be located within recorded open space. (P)
The maximum density of this development shall not
exceed 72 lots. (P)
Dwelling units shall have a minimum gross floor
area of 2400 square feet. (P)
Prior to, or in conjunction with, the recordation
of any subdivision plat, restrictive covenants
shall be recorded which 1) preclude sitting or
locating any manufactured home within such
subdivision or residential development and which
precludes the revision of such restrictive covenant
to remove such prohibition unless the zoning is
amended to allow removal of such covenant and 2)
precludes the use of any structure of a temporary
character, trailer, basement, tent, shack, garage,
barn, or other outbuildings to be used on any lot
at any time as a residence, either temporarily or
permanently. (P)
Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing
dead or diseased trees, there shall be no timbering
on the Property until a land disturbance permit has
been obtained from the Environmental Engineering
Department and the approved devices installed.
(EE)
Unless a second public road access is provided to
serve the property in accordance with the
requirements of the Subdivision Ordinance, prior to
recordation of more than fifty (50) lots, an
emergency access shall be provided to Tax ID 712-
677-7972 which will accommodate access to Woolridge
Road. This access shall be constructed to
accommodate access in case of emergency and shall
be gated to preclude its use other than during
emergency situations. The exact design, location
and maintenance provisions of this access shall be
reviewed and approved by the Fire Department at the
time of tentative subdivision plan review. (F)
In conjunction with the recordation of the initial
subdivision plat, forty-five (45) feet of right of
way on the north side of Woolridge Road, measured
from the centerline of that part of Woolridge Road
immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the
benefit of Chesterfield County. (T)
In conjunction with recordation of the initial
subdivision plat, a sixty (60) foot wide right-of-
way for a residential collector street ("the Public
Road") from Woolridge Road to the western property
line shall be dedicated, free and unrestricted, to
and for the benefit of Chesterfield County. The
exact location of this right-of-way shall be
approved by the Transportation Department. (T)
02- 552
07/24/02
11.
Direct access from the property to Woolridge Road
shall be limited to the Public Road. The exact
location of this access shall be approved by the
Transportation Department. (T)
12.
To provide an adequate roadway system at the time
of complete development, the owner/developer shall
be responsible for the following:
a o
Construction of additional pavement along
Woolridge Road at the Public Road Intersection
to provide a right turn lane;
Relocation of the ditch to provide an adequate
shoulder along the north side of Woolridge
Road for the entire property frontage; and
Dedication to Chesterfield County, free and
unrestricted, any additional right-of-way (or
easements) required for the improvements
identified above. (T)
13.
Prior to any construction plan approval, a phasing
plan for the required road improvements, as
identified in Proffered Condition 12, shall be
submitted to and approved by the Transportation
Department. (T)
14.
In addition to "the Public Road" right of way
referenced in Proffered Condition 10, a stub road
right of way shall be provided to the eastern
property line of Tax ID 712-679-2887. The exact
location of this stub road shall be reviewed and
approved by the Fire Department at the time of
tentative subdivision plan review. (F)
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
18. ADJOURNMENT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adjourned at 9:12 p.m. until August 28, 2002 at 3:00 p.m.
Ayes: Warren, Barber and McHale.
Nays: None.
Absent: Miller and Humphrey.
Lane B. Ramsey J
County Administ~tor
Cha i rman/
02- 553
07/24/02