05-22-2002 MinutesBOARD OF SUPERVISORS
MINUTES
May 22, 2002
Supervisors in Attendance=
Mr. Kelly E. Miller, Chairman
Mr. Arthur S. Warren, Vice Chrm.
Mr. Edward B. Barber
Mrs. Renny Bush Humphrey
Mr. J. L. McHale, III
Mr. Lane B. Ramsey
County Administrator
Staff in Attendance=
Colonel Carl R. Baker,
Police Department
Mr. George Braunstein,
Exec. Dir., Community
Services Board
The Hon. Lynn Brice,
Judge, Juvenile and
Domestic Relations Ct.
Mr. Craig Bryant, Dir.,
Utilities
Dr. Billy Cannaday, Jr.,
Supt., School Board
Ms. Marilyn Cole, Asst.
County Administrator
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
The Hon. Bonnie Davis,
Judge, Juvenile and
Domestic Relations Ct.
Ms. Rebecca Dickson, Dir.,
Budget and Management
Mr. James Dunn, Dir.,
Economic Development
Ms. Lisa Elko,
Clerk
Chief Stephen A. Elswick,
Fire Department
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Lawrence C. Haake, III
Registrar
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
The Hon. Jerry Hendrick,
Chief Judge, Juv. and
Domestic Relations Court
Mr. Thomas E. Jacobson,
Dir., Planning
Mr. Donald Kappel, Dir.,
Public Affairs
Ms. Kathryn Kitchen, Asst.
Supt. of Schools for
Business and Finance
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Mr. Francis Pitaro, Dir.,
General Services
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
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05/22/02
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Thomas Taylor, Dir.,
Block Grant Office
Sheriff Clarence Williams,
Sheriff's Department
Mr. Miller called the regularly scheduled meeting to order at
4:10 p.m.
1. APPROVAL OF MINUTES FOR APRIL 2&, 2002
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved the minutes of April 24, 2002, as submitted.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
Mr. Ramsey introduced Mr. Jon Mathiasen, President and Chief
Executive Officer of Richmond International Airport, to
present an update on progress at the airport.
Mr. Mathiasen stated that boardings are still down at the
Airport and business fares have not changed. He further
stated that the Commission recently adopted its first ten-
year plan of finance that will allow the Airport to proceed
with construction in a fiduciary responsible manner, as well
as reduce rates and charges to the airlines along the way.
He stated that the public parking garage is scheduled to open
in October 2002, and Phase I of the new concourse will open
May 28, 2002. He further stated that the Airport's proposed
budget is in line with its finance plan and revenue is
anticipated to increase by nearly $1 million next year.
Mr. Warren recognized Mr. Johnny Mazza, Vice Chairman of the
Capital Region Airport Commission, who was present at the
meeting.
3. BOARD COMMITTEE REPORTS
There were no Board committee reports at this time.
REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHAN~ES IN
THE ORDER OF PRESENTATION
On motion of Mr. McHale, seconded by Mr. Barber, the Board
moved Item 8.A., Acceptance of a Bid to Purchase Chesterfield
County Water and Sewer Revenue Refunding Bonds, Series 2002,
to be heard prior to Item 5., Resolutions and Special
Recognitions; replaced Item 8.D.5.a., Transfer of District
Improvement Funds from the Midlothian District Improvement
Fund and Increase Appropriation in the Utilities Fund to
Paint a Logo on the Midlothian Water Tank; replaced Item
8.D.5.b., Transfer of District Improvement Funds from the
Dale, Matoaca, Clover Hill, Midlothian and Bermuda District
Improvement Funds to the Chesterfield TRIAD Program; added
Item 8.D.22., Initiation of a Variance .Application to the
Board of Zoning Appeals for Rear Yard Setback at 6212
Daleshire Drive; added Item 8.D.23., Approval of Statement
Regarding the FY2003-FY2008 Six-Year Transportation Program;
added Item 10.D., Closed Session Pursuant to Section 2.2-
371(A)(7), Code of Virqinia, 1950, as Amended, to Discuss
with Counsel Actual Litigation in the Case of Estate of Hazel
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05/22/02
Cople¥ v. County of Chesterfield; and adopted the Agenda, as
amended.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.A. ACCEPTANCE OF A BID TO PURCHASE CHESTERFIELD COUNTY
WATER AND SEWER REVENUE REFUNDING BONDS, SERIES 2002
Ms. Dickson stated that utility revenue bonds were refinanced
today in the principal amount of approximately $8.4 million.
She further stated that the county's utility bonds received
triple AAA bond ratings and is one of only two water and
sewer systems nationwide to hold AAA ratings from all three
major rating agencies. She stated that staff is requesting
that the Board accept the bid of Davenport and Company, LLC,
the lowest responsible interest bidder, with a true interest
cost of 3.45 percent.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
accepted a bid from Davenport and Company, LLC, for the
purchase of $8,610,000 principal amount of Chesterfield
County Water and Sewer Revenue Refunding Bonds, Series 2002,
with a true interest cost of 3.45 percent.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. Ramsey stated that the county's water and sewer rates
have been benchmarked with other jurisdictions, and noted
that not only does the county have the best bond ratings for
its water and sewer system, but also the lowest rates in the
area.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
5.A. RECOGNIZING ROBERT L. EANES FOR HiS DEDICATED SERVICE
TO CHESTERFIELD COUNTY
Chief Elswick introduced Mr. Robert Eanes who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. Robert L. Eanes retired from the
Chesterfield Fire and Emergency Medical Services Department,
Chesterfield County, on July 1, 1996; and
WHEREAS, Mr. Eanes received a Presidential Unit Citation
while serving in the United States Air Force 397th
Bombardment Wing; and
WHEREAS, Mr. Eanes was hired as Fire Marshal in 1966 in
Chesterfield County's first salaried professional firefighter
position after serving two-and-one-half years in the City of
Alexandria, Virginia Fire Department; and
WHEREAS, Mr. Eanes was appointed
County's first Fire Chief in 1969; and
as
Chesterfield
WHEREAS, Chief Eanes led Chesterfield Fire Department
through the unprecedented growth of the county after the 1970
annexation of Richmond City; and
WHEREAS, through the vision of Chief Eanes, Chesterfield
Fire Department became one of the first fire departments in
Virginia to be licensed as an Emergency Medical Services
(EMS) organization in 1978; in 1984, was instrumental in the
formation of the EMS Med-Flight program in cooperation with
the Virginia State Police; and in 1994 under his leadership,
was issued the Governor's Award for Outstanding EMS Agency;
and
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05/22/02
WHEREAS, Chief Eanes was a member of the first Executive
Fire Officer class, the highest Senior Executive Fire Officer
Development curriculum in the nation, graduating from the
National Fire Academy in May 1988; and achieved his
certification as a Certified Emergency Manager (CEM) in May
1993; and
WHEREAS, Chief Eanes served as the Governor's appointee
to the Virginia Fire Services Commission and as chair of the
Marine Fire Protection Study for the Port of Hampton Roads;
has been the recipient of various civilian service related
awards; and developed Incident Command training which is
presently used within the United States Secret Service; and
WHEREAS, Chief Eanes worked throughout his career to
develop a combined public safety training facility; to
establish a Fire Department Safety Officer position which was
one of the first in the nation; to modernize the County's
fire apparatus to continually emphasize safety for his
employees; and to rebuild six and add five fire and rescue
stations; and
WHEREAS, Chief Eanes was instrumental in the success of
a 1996 Bond Referendum which led to the procurement of a
state-of-the-art $30 million public safety radio system, and
served as project manager for the installation of that 800
MHz Radio System and the building of a state-of-the-art
Enhanced 911 Center.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes the
contributions of Mr. Robert L. Eanes, expresses the
appreciation of all residents for his service to the county,
their congratulations upon his retirement, and their best
wishes for a long and happy retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mr. Eanes and that this resolution
be permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. Miller expressed appreciation to Mr.
commitment, dedication and expertise.
Eanes for his
Mr. Ramsey presented the executed resolution and Jefferson
Cup to Mr. Eanes, accompanied by Chief Elswick, and expressed
appreciation for his exemplary service to Chesterfield
County.
Mr. Eanes recognized his secretary Ms. Lynne Sims and former
Deputy Chief David Barfield who were present at the meeting,
and expressed appreciation for their support.
Chief Elswick presented Mr. Eanes with a slhadowbox containing
his badges.
Mr. Eanes expressed appreciation to the Board for the
recognition and also to the men and women of the Fire
Department for their support and confidence. He also
expressed appreciation to the Board, staff and citizens for
the success of the county's new communications system.
A standing ovation followed.
RECOGNIZING KATHRYN M. PEARSON, SHERIFF'S OFFICE, UPON
HER RETIREMENT
Sheriff Williams introduced Ms. Kathryn Pearson who was
present to receive the resolution. He also recognized
Juvenile and Domestic Relations Court Judges Hendrick, Davis
and Brice who were present at the meeting in honor of Ms.
Pearson's retirement.
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05/22/02
On motion of the Board, the following resolution was adopted:
WHEREAS, Ms. Kathryn M. Pearson began her public service
with Chesterfield County as a Deputy for the Sheriff's Office
on January 1, 1977, hired by Sheriff Wingo; and
WHEREAS, Deputy Pearson began her duties at the
Chesterfield County Jail upon her employment and was
recognized on several occasions while serving at the County
Jail, most notably for her actions on an attempted suicide in
May of 1989; and
WHEREAS, Deputy Pearson completed the Richmond Regional
Academy Basic School #23 in March of 1977; and
WHEREAS, Deputy Pearson transferred to the Court
Services Division in October of 1989 and has continually
served in the capacity of Deputy Sheriff in that division
since that time; and
WHEREAS, Deputy Pearson has been. awarded Letters of
Commendation and Appreciation too numerous to mention,
including being selected as the Chesterfield County Sheriff's
Office Employee of the Quarter in September of 1995; and
WHEREAS, Deputy Pearson's desire to do a good job and
her professional and polite manner have been recognized by
judges, elected and county officials, and citizens from
inside and outside Chesterfield County conducting business
within our courts for over 25 years.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes the
outstanding contributions of Deputy Sheriff Kathryn M.
Pearson, expresses the appreciation of all residents for her
dedicated service to the County, and extends congratulations
upon her retirement and best wishes for a long and happy
retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Ms. Pearson, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. Miller presented the executed resolution and Jefferson
Cup to Ms. Pearson, accompanied by Sheriff Williams,
expressed appreciation for her dedicated service to the
county, and wished her well in her retirement.
Ms. Pearson expressed appreciation for the recognition.
5.C. CONGRATULATING THE PROVIDENCE GOLF COURSE FOR SUCCESS
IN DEVELOPING THE NEWEST PUBLIC/PRIVATE C, OLF COURSE
iN THE COUNTY
Mr. Hammer introduced Mr. Buddy Sowers who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Pocoshock Golf Course served golfers from
the Greater Metropolitan Richmond Area throughout the 1960s,
70s and 80s; and
WHEREAS, when the Pocoshock course closed in the late
1980s, it left a void for area golfers; and
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05/22/02
WHEREAS, Mr. Buddy Sowers, a developer, has operated GBS
Holding, Limited for more than 30 years; and
WHEREAS, Mr. Sowers purchased the old Pocoshock course,
and adjacent acreage; and
WHEREAS, Mr. Sowers formed P and R Associates to build
and operate the new Providence Golf Course in the general
vicinity of the former Pocoshock Golf Course; and
WHEREAS, the Providence Golf Course opened May 10, 2002;
and
WHEREAS, the new course is a par-71, 18-hole course
situated on a 170-acre site designed by well-known architect
Lester George; and
WHEREAS, this public, daily fee course will offer
discounts to seniors and to youth aged 16 and under; and
WHEREAS, this course is a quality of life enhancement
for Chesterfield County and the region.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors expresses its best wishes for the
success of the Providence Golf Course, and welcomes this
exciting new recreational opportunity to Chesterfield County.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. Warren presented the executed resolution to Mr. Sowers,
expressed appreciation for his efforts in revitalization of
the Pocoshock Golf Course, and wished a successful future for
the new Providence Golf Course.
Mr. Sowers expressed appreciation to the Board for the
recognition and to many others who were instrumental in the
project.
RECOGNIZIN~ E. I. DUPONT DE NEMOURS AND COMPANY,
INCORPORATED ON THE OCCASION OF ITS 200'e ANNIVERSARY
Ms. Chris Ruth, Assistant Director of Public Affairs,
introduced Mr. Mike Mayberry, Plant Manager of E. I. DuPont
de Nemours and Company, Incorporated, who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, E. I. DuPont de Nemours and Company,
Incorporated will celebrate its 200th anniversary in 2002;
and
WHEREAS, Chesterfield
Spruance plant; and
County is home to DuPont's
WHEREAS, the
employers; and
plant is one of the
county's major
WHEREAS, the Spruance plant manufactures products, such
as KEVLAR, NOMEX, TEFLON fiber; MYLAR and TYVEK, that are
important to the nation's defense and to the safety of those
working in law enforcement agencies; fire departments,
construction companies and other industries all across
America; and
WHEREAS, the Spruance plant held an open house on May 15
and May 16 this year to thank the community for its support
and to share information about the history of the company and
its products; and
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05/22/02
WHEREAS, Chesterfield County recognizes the value of
strong corporate neighbors such as DuPont, and the benefits
such companies bring to our county; and
WHEREAS, Chesterfield County is pleased to share in
celebrating this milestone in the history of E. I. DuPont de
Nemours and Company, Incorporated.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes E. I. DuPont
de Nemours and Company, Incorporated, expresses its
congratulations, specifically to the men and women of the
Spruance plant, on the occasion of two hundred years of
working at the forefront of technology, and extends to DuPont
best wishes for continued success in the future.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. McHale presented the executed resolution to Mr. Mayberry,
congratulated him on DuPont's 200th anniversary, and wished
the company much success in the future. He recognized Mr.
Bob Dunn, Environmental Affairs Manager of DuPont who was
present at the meeting and expressed appreciation for
DuPont's commitment to the environment.
Mr. Mayberry expressed appreciation to the Board for the
recognition.
6. WORK SESSIONS
There were no work sessions at this time.
7. DEFERRED ITEMS
There were no deferred items at this time.
8. NEW BUSINESS
8.B. STREETLI~HT INSTALLATION APPROVAL
On motion of Mr. Miller, seconded by Mr. McHale, the Board
approved the following streetlight installation in the Dale
District:
* Intersection of Able Road and Lifsey Lane
Cost to install streetlight - $0.00
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8. C. APPOINTMENTS
On motion of Mr. McHale, seconded by Mr. Warren, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment/reappointment of members to serve on
the Richmond Metropolitan Convention and Visitors Bureau,
Richmond First Tee Board of Directors, and the Capital Region
Airport Commission.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
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05/22/02
8.C.1. RICHMOND METROPOLITAN CONVENTION AND VISITORS BUREAU
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
nominated/reappointed Mr. Walter Heyer to serve as an at-
large member on the Richmond Metropolitan Convention and
Visitors Bureau, whose term is effective July 1, 2002 and
expires June 30, 2004.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.2. RICHMOND FIRST TEE BOARD OF DIRECTORS
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
nominated/reappointed Mr. Ralph Bolling to serve as an at-
large member on the Richmond First Tee Board of Directors,
whose term is effective immediately and expires May 24, 2005.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.3. CAPITAL REGION AIRPORT COMMISSION
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
nominated/appointed Mr. Kelly Miller to serve on the Capital
Region Airport Commission, whose term is effective
immediately and expires December 31, 2003. (It is noted Mr.
Miller will fill the unexpired term of Mrs. Humphrey.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D. CONSENT ITEMS
8.D.1. STATE ROAD ACCEPTANCE
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to § 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.
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05/22/02
Type Change to the Secondary System of State Highways:
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Ashley Forest, Sec. B
· Alderwood Court, State Route Number: 4558
From: Alderwood Wy., (Rt. 4595)
To: Cul-de-sac, a distance of: 0.06 miles.
Addition
Right-of-way record was filed on 6/22/1999 with the Office Of Clerk To Cimuit Court in Pb. 105; Pg. 51,
with a width of 40 Ft.
· Alderwood Terrace, State Route Number: 4557
From: Alderwood Wy., (Rt. 4595)
To: Cul-de-sac, a distance of: 0.10 miles.
Right-of-way record was filed on 6/22/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 51,
with a width of 40 Ft.
· Alderwood Way, State Route Number: 4595
From: 0.02 Mi. E of Pine Vista Ln., (Rt. 4596)
To: Alderwood Tr., (Rt. 4557), a distance of: 0.07 miles.
Right-of-way record was filed on 6/22/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 51,
with a width of 44 Ft.
· Alderwood Way, State Route Number: 4595
From: Alderwood Tr., (Rt. 4557)
To: Alderwood Ct., (Rt. 4558), a distance of: 0.05 miles.
Right-of-way record was filed on 6/22/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 51,
with a width of 44 Ft.
· Alderwood Way, State Route Number: 4595
From: Alderwood Ct., (Rt. 4558)
To: 0.03 Mi. E of Alderwood Ct., (Rt. 4558), a distance of: 0.03 miles.
Right-of-way record was filed on 6/22/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 51,
with a width of 44 Ft.
· Dogwood Ridge Court, State Route Number: 4556
From: Wellspring Rd., (Rt. 4599)
To: Cul-de-sac, a distance of: 0.19 miles.
Right-of-way record was filed on 6/22/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 51,
with a width of 40 Ft.
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05/22/02
·
From:
To:
Wellspring Road, State Route Number: 4599
0.14 Mi. E of Harrowgate Rd., (Rt. 144)
Dogwood Ridge Ct., (Rt. 4556), a distance of: 0.02 miles.
Right-of-way record was filed on 6/22/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 51,
with a width of 90 Ft.
· Wellspring Road, State Route Number: 4599
From: Dogwood Ridge Ct., (Rt. 4556)
To: 0.03 Mi. E of Dogwood Ridge Ct., (Rt. 4556), a distance of: 0.03 miles.
Right-of-way record was filed on 6/22/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 51,
with a width of 90 Ft.
And, further, the Board adopted the following
WHEREAS, the streets described below
recorded in the Clerk's Office of the
Chesterfield County; and
resolution:
are shown on plats
Circuit Court of
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
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,
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
AND, BE IT FURTHER RESOLVED, that a certified
this resolution be forwarded to the Resident Engineer
Virginia Department of Transportation.
Type Change to the Secondary System of State HIRhways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Clay Pointe, Section A
· Blackbird Drive, State Route Number: 4664
From: Clear Ridge Dr., ( Rt. 4658)
To: .05 Mi. N of Clear Ridge Dr., ( Rt. 4658), a distance of: 0.05 miles.
Right-of-way record was filed on 4/23/1997 with the Office Of Clerk To Circuit Court in Pb. 93; Pg. 91,
with a width of 50 Ft.
· Clear Ridge Court, State Route Number: 4675
From: Clear Ridge Dr., ( Rt. 4658)
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 4/23/1997 with the Office Of Clerk To Circuit Court in Pb. 93; Pg. 91,
with a width of 40 Ft.
and the
this Board guarantees
as described, and any
drainage.
copy of
for the
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05/22/02
· Clear Ridge Drive, State Route Number: 4658
From: Bailey Bridge Rd., ( Rt. 651)
To: Blackbird Dr., ( Rt. 4664), a distance of: 0.10 miles.
Right-of-way record was filed on 4/23/1997 with the Office Of Clerk To Circuit Court in Pb. 93; Pg. 91,
with a width of 50 Ft.
· Clear Ridge Drive, State Route Number: 4658
From: Blackbird Dr., ( Rt. 4664)
To: Parrish Branch Rd., ( Rt. 4101), a distance of: 0.06 miles.
Right-of-way record was filed on 4/25/2002 with the Office Of Clerk To Cimuit Court in Pb. 93; Pg. 91,
with a width of 50 Ft.
· Clear Ridge Drive, State Route Number: 4658
From: Parrish Branch Rd., ( Rt. 4101)
To: Intersection Nighthawk Ct. & Toronette Wy., ( Rt. 4666 & 4674), a distance of: 0.09 miles.
Right-of-way record was filed on 4/25/2002 with the Office Of Clerk To Circuit Court in Pb. 93; Pg. 91,
with a width of 50 Ft.
· Clear Ridge Drive, State Route Number: 4658
From: Intersection Nighthawk Ct. & Toronette Wy., ( Rt. 4666 & 4674)
To: Intersection Clear Ridge Ct. & Morning Dove Mw., ( Rt. 4675 & 4676), a distance of: 0.05 miles.
Right-of-way record was filed on 4/23/1997 with the Office Of Clerk To Circuit Court in Pb. 93; Pg. 91,
with a width of 50 Ft.
· Clear Ridge Drive, State Route Number: 4658
From: Intersection Clear Ridge Ct & Morning Dove Mw., ( Rt. 4675 & 4676)
To: Spring Bluff Rd., ( Rt. 4659), a distance of: 0.05 miles.
Right-of-way record was filed on 4/23/1997 with the Office Of Clerk To Circuit Court in Pb. 93; Pg. 91,
with a width of 50 Ft.
· Kingfisher Terrace, State Route Number: 4677
From: Spring Bluff Rd., ( Rt. 4659)
To: Cul-de-sac, a distance of: 0.10 miles.
Right-of-way record was filed on 4/25/2002 with the Office Of Clerk To Circuit Court in Pb. 93; Pg. 91,
with a width of 40 Ft.
· Morning Dove Mews, State Route Number: 4676
From: Clear Ridge Dr., ( Rt. 4658)
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 4/25/2002 with the Office Of Clerk To Circuit Court in Pb. 93; Pg. 91,
with a width of 40 Ft.
· Nighthawk Court, State Route Number: 4666
From: Clear Ridge Dr., ( Rt. 4658)
To: Cul-de-sac, a distance of: 0.03 miles.
Right-of-way record was filed on 4/25/2002 with the Office Of Clerk To Circuit Court in Pb. 93; Pg. 91,
with a width of 40 Ft.
· Parrish Branch Road, State Route Number: 4101
From: Clear Ridge Dr., ( Rt. 4658)
To: .04 Mi. N Of Clear Ridge Dr., ( Rt. 4658), a distance of: 0.04 miles.
Right-of-way record was filed on 4/25/2002 with the Office Of Clerk To Circuit Court in Pb. 93; Pg. 91,
with a width of 50 Ft.
· Spring Bluff Road, State Route Number: 4659
From: Clear Ridge Dr., ( Rt. 4658)
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05/22/02
To: Kingfisher Tr. ( Rt. 4677), a distance of: 0.20 miles.
Right-of-way record was filed on 4/25/2002 with the Office Of Clerk To Circuit Court in Pb. 93; Pg. 91,
with a width of 50 Ft.
· Spring Bluff Road, State Route Number: 4659
From: Kingfisher Tr. ( Rt. 4677)
TO: 0.02 Mi. S of Kingfisher Tr. ( Rt. 4677), a distance of: 0.02 miles.
Right-of-way record was filed on 4/25/2002 with the Office Of Clerk To Circuit Court in Pb. 93; Pg. 91,
with a width of 50 Ft.
· Spring Bluff Road, State Route Number: 4659
From: Clear Ridge Dr., ( Rt. 4658)
To: 0.01 Mi. N of Clear Ridge Dr. ( Rt. 4658), a distance of: 0.01 miles.
Right-of-way record was filed on 4/25/2002 with the Office Of Clerk To Circuit Court in Pb. 93; Pg. 91,
with a width of 50 Ft.
· Toronette Way, State Route Number: 4674
From: Clear Ridge Dr., ( Rt. 4658)
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 4/25/2002 with the Office Of Clerk To Circuit Court in Pb. 93; Pg. 91,
with a width of 40 Ft.
And, further, the
WHEREAS, the
recorded in the
Chesterfield County;
Board adopted the following resolution:
streets described below are shown on plats
Clerk's Office of the Circuit Court of
and
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
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 Virqinia, 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.
TYi~ Chanae to the Seconda~ S~m of Sta~ Hiahwa~: Addition
Basis ~r Change: Addition, New su~lvislon street
Sta~to~ Reference: §33.1-229
PmJ~t: Clay Polnte, S~tion B
· Pa~lsh B~nch Rd., State Route Number: 4101
From: 0.04 Mi. S 6 Wilts~ff Dr., ( Rt. 4~5)
To: Wil~ff Dr., ( Rt. 4665), a dis~nce 6:0.04 miles.
Right,f-way r~ord was filed on 11~4/1~8 with the Office Of Cle~ To CircuE CouR in Pb. 101; Pg. 89,
wffh a width of 50 R.
· Parrlsh B~nch Rd., State Route Number: 4101
From: Wil~taff Dr., ( Rt. 4665)
To: 0.06 Mi. N of Wil~t~ Dr., ( Rt. 4665), a distance 6:0.06 mil~.
02- 350
05/22/02
Right-of-way record was filed on 11/24/1998 with the Office Of Clerk To Circuit Court in Pb. 101; Pg. 89,
with a width of 50 Ft.
· Spring Bluff Road, State Route Number: 4659
From: Wiltstaff Dr., ( Rt. 4665)
To: 0.07 Mi. S of Wiltstaff Dr., ( Rt. 4665), a distance of: 0.07 miles.
Right-of-way record was filed on 11/24/1998 with the Office Of Clerk To Cimuit Court in Pb. 101; Pg. 89,
with a width of 50 Ft.
· Wiltstaff Court, State Route Number: 4679
From: Wiltstaff Dr., ( Rt. 4665)
To: Cul-de-sac, a distance of: 0.03 miles.
Right-of-way record was filed on 11/24/1998 with the Office Of Clerk To Cimuit Court in Pb. 101; Pg. 89,
with a width of 40 Ft.
· Wiltataff Drive, State Route Number: 4665
From: Parrish Branch Rd., ( Rt. 4101)
To: Spring Bluff Rd., ( Rt. 4659), a distance of: 0.25 miles.
Right-of-way record was flied on 11/24/1998 with the Office of Clerk To Circuit Court in Pb. 101; Pg. 89,
with a width of 50 Ft.
· Wlltstaff Drive, State Route Number: 4665
From: Spring Bluff Rd., ( Rt. 4659)
To: Wiltstaff PI., ( Rt. 4678), a distance of: 0.04 miles.
Right-of-way record was filed on 11/24/1998 with the Office of Clerk To Circuit Court in Pb. 101; Pg. 89,
with a width of 50 Ft.
· Wiltataff Drive, State Route Number: 4665
From: Wiltstaff Pi., ( Rt. 4678)
To: Wiltstaff Ct., ( Rt. 4679), a distance of' 0.07 miles.
Right-of-way record was filed on 11/24/1998 with the Office Of Clerk To Circuit Court in Pb. 101; Pg. 89,
with a width of 50 Ft.
· Wiltstaff Drive, State Route Number: 4665
From: Wiltstaff Ct., ( Rt. 4679)
To: Cul-de-sac, a distance of: 0.05 miles.
Right-of-way record was filed on 11/24/1998 with the Office Of Clerk To Circuit Court in Pb. 101; Pg. 89,
with a width of 50 Ft.
· Wiltataff Place, State Route Number: 4678
From: Wiltstaff Dr., ( Rt 4665)
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was flied on 11/24/1998 with the Office of Clerk To Circuit Court in Pb. 101; Pg. 89,
with a width of 40 Ft.
And, further, the
WHEREAS, the
recorded in the
Chesterfield County;
Board adopted the following resolution:
streets described below are shown on plats
Clerk's Office of the Circuit Court of
and
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
02- 351
05/22/O2
NOW, THEREFORE BE IT
Virginia Department of
RESOLVED, that
Transportation
the
described below to the secondary system of state
pursuant to § 33.1-229, Code of Virginia,
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board
a clear and unrestricted right-of-way, as described,
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified
this resolution be forwarded to the Resident Engineer
Virginia Department of Transportation.
Tvr)e Change to the Secondary System of State HI;Ihways: Addition
Basia for Change: Addition, New subdivision stree~
Statutory Reference: §33.1-229
Project: Hampton Park, Section 8
· Hampton Glen Lane, State Route Number: 5245
From: 0.02 Mi. W of Hampton Glen Mw., ( Rt. 5278)
To: Hampton Glen Tr., ( Rt. 4648), a distance of: 0.10 miles.
Right-of-way record was filed on 7/25/2000 with the Office Of Clerk To Cimuit Court in Pb.112; Pg. 5, with
a width of 40 Ft.
· Hampton Glen Lane, State Route Number: 5245
From: Hampton Glen Tr., ( Rt. 4648)
To: Hampton Glen Ln. Loop Rd., ( Rt. 4649), a distance of: 0.14 miles.
Right-of-way record was filed on 7/25/2000 with the Office Of Clerk To Circuit Court in Pb.112; Pg. 5, with
a width of 40 Ft.
· Hampton Glen Lane, State Route Number: 5245
From: Hampton Glen Ln. Loop Rd., ( Rt. 4649)
To: Hampton Glen Ln. Loop Rd., ( Rt. 4649), a distance of: 0.02 miles.
Right-of-way record was filed on 7/25/2000 with the Office Of Clerk To Circuit Court in Pb.112; Pg. 5, with
a width of 40 Ft.
· Hampton Glen Lane, State Route Number: 5245
From: Hampton Glen Ln. Loop Rd., ( Rt. 4649)
To: 0.07 Mi. W of Hampton Glen Ln. Loop Rd., ( Rt. 4649), a distance of: 0.07 miles.
Right-of-way record was filed on 7/25/2000 with the Office Of Clerk To Circuit Court in Pb.112; Pg. 5, with
a width of 40 Ft.
· Hampton Glen Lane Loop Road, State Route Number: 4649
From: Hampton Glen Ln., ( Rt. 5245)
To: Hampton Glen Ln., ( Rt. 5245), a distance of: 0.05 miles.
Right-of-way record was filed on 7/25/2000 with the Office Of Clerk To Circuit Court in Pb.112; Pg. 5, with
a width of 40 Ft.
02- 352
this Board requests
to add the streets
highways,
and the
guarantees
and any
copy of
for the
05/22/02
Hampton Glen Terrace, State Route Number: 4648
From:
Hampton Glen Ln., ( Rt. 5245)
To:
Cut-de-sac, a distance of: 0.10 miles.
Right-of-way record was filed on 7/25/2000 with the Office Of Clerk To Circuit Court in Pb.112; Pg. 5, with
a width of 40 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE 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.
Tvoe Chanoe to the Secondary System of State Hiohwavs: Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference:
§33.1-229
Project: Merit Grove
Merit Grove Court, State Route Number: 4657
From:
Bridgewood Rd., ( Rt. 907)
To:
Cul-de-sac, a distance of: 0.05 miles.
Right-of-way record was filed on 4/17/2002 with the Office Of Clerk To Circuit Court in Pb. 116; Pg 69,
with a width of 50 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
02- 353
05/22/02
NOW, THEREFORE BE
Virginia Department
IT RESOLVED, that
of Transportation
the
described below to the secondary system of state
pursuant to § 33.1-229, Code of Virginia,
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board
a clear and unrestricted right-of-way, as described,
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified
this resolution be forwarded to the Resident Engineer
Virginia Department of Transportation.
Type Change to the Secondary System of State HI.qhways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Gravity Hill at the Grove, Section 2
· Gravity Hill Road, State Route Number: 5479
From: 0.11 Mi. S of Grove Hill Rd., ( Rt. 5471)
To: Gravity Hill Tr., ( Rt. 5478), a distance of: 0.10 miles.
Right-of-way record was filed on 4/17/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 46,
with a width of 40 Ft.
· Gravity Hill Road, State Route Number: 5479
From: Gravity Hill Tr., ( Rt. 5478)
To: Gravity Hill Road Circle, a distance of: 0.04 miles.
Right-of-way record was filed on 4/17/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 46,
with a width of 40 Ft.
· Gravity Hill Road Circle, State Route Number: 5479
From: Gravity Hill Rd. ( Rt. 5479)
To: Gravity Hill Rd. ( Rt. 5479), a distance of: 0.10 miles.
Right-of-way record was filed on 4/17/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 46,
with a width of 40 Ft.
· Gravity Hill Trail, State Route Number: 5478
From: 0.02 Mi. S. Of Gravity Hill Ln., ( Rt. 5477)
To: Gravity Hill Tr. Loop ( Rt. 4691), a distance of: 0.04 miles.
Right-of-way record was filed on 4/17/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 46,
with a width of 40 Ft.
· Gravity Hill Trail, State Route Number: 5478
From: Gravity Hill Tr. Loop ( Rt. 4691)
To: Gravity Hill Tr. Loop ( Rt. 4691), a distance of: 0.02 miles.
Right-of-way record was filed on 4/17/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 46,
with a width of 40 Ft.
02- 354
this Board requests
to add the streets
highways,
and the
guarantees
and any
copy of
for the
05/22/02
·
From:
To:
Gravity Hill Trail, State Route Number: 5478
Gravity Hill Tr. Loop ( Rt. 4691)
Gravity Hill Rd., ( Rt. 5479), a distance of: 0.06 miles.
Right-of-way record was filed on 4/17/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 46,
with a width of 40 Ft.
· Gravity Hill Trail Loop, State Route Number: 4691
From: Gravity Hill Tr., ( Rt. 5478)
To: Gravity Hill Tr., ( Rt. 5478), a distance of: 0.01 miles.
Right-of-way record was filed on 4/17/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 46,
with a width of variable.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.2. ADOPTION OF RESOLUTIONS
8 .D.2 .&.
RECOGNIZING MR. SAMUEL SANDLER, INFORMATION SYSTEMS
TECHNOLOGY DEPARTMENT, UPON HIS RETIREMENT
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
adopted the following resolution:
WHEREAS, Mr. Samuel Sandler began his public service
with the county as a Production Control Coordinator for the
Information Systems Technology Department in August 1982; and
WHEREAS, Mr. Sandler became the first Scheduler/Tape
Librarian in Chesterfield County with duties of maintaining
the ZEKE Scheduling process and provided support services to
the Applications Development staff during the Quality
Assurance Process; and
WHEREAS, Mr. Sandler, as Scheduler/Tape Librarian,
demonstrated exceptional ability to accurately and
efficiently maintain the automated schedule system; and
WHEREAS, Mr. Sandler provided scheduling reports for
Production Services management staff in an efficient and
timely manner; and
WHEREAS, Mr. Sandler has provided twenty years of
quality service to the citizens of Chesterfield County; and
WHEREAS, Chesterfield County and the Board
Supervisors will miss Mr. Sandler's diligent service; and
of
WHEREAS, Mr. Sandler has provided significant
accomplishments to the county, particularly regarding meeting
IST Production Services' objectives; and
WHEREAS, Mr. Sandler has displayed a commitment to
excellence, and total dedication to Information Systems
Technology's strategic and tactical support of county
objectives; and
WHEREAS, Mr. Sandler has earned respect and admiration
for his work ethic; and
02- 355
05/22/02
WHEREAS, Mr. Sandler's dedication and loyalty was
exhibited by his use of zero sick hours during his twenty
year tenure with the IST Department; and
WHEREAS, Mr. Sandler's professionalism, enthusiasm and
loyalty will be remembered by all.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes Mr. Samuel Sandler and
extends appreciation for his dedicated service to the county,
congratulations upon his retirement, and best wishes for a
long and happy retirement.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.2 .b.
RECOGNIZING MR. RO~ER E. BRANCH, ENVIRONMENTAL
ENGINEERIN~ DEPARTMENT, UPON HIS RETIREMENT
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
adopted the following resolution:
WHEREAS, Mr. Roger E. Branch has faithfully served
Chesterfield County for twenty-two years; and
WHEREAS, Mr. Branch has always been a conscientious and
dependable worker, noted for his attention to detail and the
neatness of his work, as well as his personal and
professional appearance; and
WHEREAS, by providing quality public service, Mr. Branch
has symbolized the type of employee Chesterfield County
seeks; and
WHEREAS, Mr. Branch has always excelled in the care of
his assigned county vehicle and the care of all the equipment
he operated; and
WHEREAS, Mr. Branch was one of the first employees to
assume the position of drainage crew chief and with his
accumulated skills and knowledge, has freely and willingly
trained and mentored dozens of new employees during his
employment; and
WHEREAS, during his twenty-two years of service, Mr.
Branch has been incredibly diligent and reliable during
hurricane, tornado and winter storm events, always coming
into work despite hazardous conditions to ensure that county
roads were clear for emergency vehicles; and
WHEREAS, Mr. Branch has been extremely effective in
working with co-workers and the citizens of Chesterfield
County; and
WHEREAS, Mr. Branch's desire to do a good job has been a
primary factor that has permitted him to perform at a very
high level, while striving for excellence and going beyond
the call of duty.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mr. Roger E. Branch, expresses the
appreciation of all residents for his service to the County,
and extends its appreciation for his dedicated service to the
02- 356
05/22/02
County and its congratulations upon his retirement, as well
as best wishes for a long and happy retirement.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8 .D.2 .c.
RECOGNIZING LT. ARTHUR W. FORD~ SHERIFF'S OFFICEr
UPON HIS RETIREMENT
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
adopted the following resolution:
WHEREAS, Lieutenant Arthur W. Ford began his public
service with the county in 1979 as a Deputy Sheriff; and
WHEREAS, Lieutenant Ford served in the Correctional
Facility dealing with inmates entrusted to the Sheriff's
care, and was also utilized as the main transportation
officer for the jail; and
WHEREAS, Lieutenant Ford was transferred to the Courts
Division where he worked as a Court Security Deputy until
1983, when he was promoted to Shift Sergeant at the jail; and
WHEREAS, Lieutenant Ford was
Lieutenant of the jail in 1989; and
promoted to Security
WHEREAS, in 1990 Lieutenant Ford was transferred to the
Courts Division to supervise Court Security, and on several
occasions successfully coordinated the efforts associated
with sequestered juries; and
WHEREAS, in 2001 Lieutenant Ford was transferred to the
Correctional Services Division as Commander of the 12-8
shift; and
WHEREAS, Lieutenant Ford has faithfully and successfully
served Chesterfield County citizens for a total of
twenty-three years, after serving as a Deputy for the City of
Richmond for three years prior to coming to Chesterfield,
thereby giving over twenty-five years of his life protecting
the citizens of this Commonwealth.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Lieutenant Arthur W. Ford, expresses the
appreciation of all residents for his dedicated service to
Chesterfield County, and extends congratulations upon his
retirement and best wishes for a long and happy retirement.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8 .D.2 .d.
RECOGNIZING BENSLEY ELEHENTARY SCHOOL FOR ITS
EXCEPTIONAL ACCOMPLISHMENTS
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
adopted the following resolution:
WHEREAS, educational success is the cornerstone of a
productive community; and
WHEREAS, Chesterfield County prides itself on its
outstanding public schools and the manner in which they serve
our communities; and
WHEREAS, the Fordham University Graduate School of
Education, the Association for Supervision and Curriculum
Development, the JP Morgan/Chase Foundation and the Pearson
02- 357
05/22/O2
Foundation co-sponsor the National School Change Award in
recognition of schools that have significantly changed for
the better; and
WHEREAS, Bensley Elementary School has been selected as
one of four schools in Virginia to receive the award this
year; and
WHEREAS, Bensley Elementary School was noted for
implementing the Comer School Development Program (Yale
University) and for accomplishing successful school reform by
using research-based data to achieve improved student and
teacher performance; and
WHEREAS, the school will receive a $5,000 grant, to be
presented July 15 by United States Secretary of Education Rod
Paige in New York; and
WHEREAS, the award entitles Bensley Elementary School to
be called a "Title I Distinguished School"; and
WHEREAS, this award recognizes the outstanding work by
all faculty and staff of Bensley Elementary School on behalf
of its children, their families and communities.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors congratulates the faculty and
staff of Bensley Elementary School for this exceptional
accomplishment, commends all those involved in achieving this
recognition, and wishes Bensley Elementary School's faculty,
staff, students and their families continued success.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.3. REVISION OF THE COUNTY'S ACCOUNTS RECEIVABLE WRITE-
OFF PROCESS
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
authorized the revision of the existing Accounts Receivable
Write-Off Process with an administrative process where
uncollectible accounts are reviewed by staff and removed from
the county's ledger by the County Administrator.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.4. AUTHORIZATION OF APPLICATION TO VIRGINIA PUBLIC
SCHOOL AUTHORITY (VPSA) FOR ISSUANCE AND SALE OF
GENERAL OBLIGATION BONDS OF THE COUNTY
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
adopted the following resolution authorizing the issuance and
sale of general obligation bonds of the county in an
aggregate principal amount of not to exceed $24,905,000 and
the submittal of an application to the Virginia Public School
Authority (VPSA); consenting to the issuance and sale of the
bonds to the Authority; and declaring the official intent of
the county to reimburse itself from the proceeds of the bonds
for expenditures made with respect to the projects prior to
the issuance of the bonds to allow critical work to begin
during the summer of 2002:
RESOLUTION OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF CHESTERFIELD, VIRGINIA,
AUTHORIZING THE COUNTY ADMINISTRATOR TO
SUBMIT AN APPLICATION TO THE VIRGINIA
PUBLIC SCHOOL AUTHORITY TO PARTICIPATE
IN A FINANCING BY SUCH AUTHORITY AND TO
ISSUE AND SELL GENERAL OBLIGATION SCHOOL
02- 358
05/22/02
BONDS OF THE COUNTY TO SUCH AUTHORITY IN
AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO
EXCEED $24,905,000, AND DECLARING THE
OFFICIAL INTENT OF THE COUNTY TO
REIMBURSE ITSELF FROM THE PROCEEDS OF
SUCH BONDS FOR EXPENDITURES MADE BY THE
COUNTY AND THE SCHOOL BOARD OF THE
COUNTY IN ADVANCE OF THE ISSUANCE AND
RECEIPT OF THE PROCEEDS OF SUCH BONDS
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY
OF CHESTERFIELD:
1. The Board of Supervisors (the "Board of
Supervisors") of the County of Chesterfield, Virginia (the
~County") hereby finds and determines as follows:
(a) On April 23, 2002, the School Board of the County
(the ~School Board") adopted a resolution requesting the
Board of Supervisors to authorize the issuance and sale of
its general obligation school bonds of the County in an
aggregate principal amount not to exceed $24,905,000 (the
"Bonds") for the purpose of paying the costs of various
capital school improvement projects being referred to herein
collectively as the "Project").
(b) The Board of Supervisors has determined that it
would be advisable for the County to apply to the Virginia
Public School Authority (the "Authority") to participate in a
financing by the Authority and to issue and sell the Bonds to
the Authority.
(c) The Board of Supervisors has determined that it
would be advisable for action to be taken under Treasury
Regulation Section 1.150-2 to declare the official intent of
the County to reimburse itself from the proceeds of the Bonds
for expenditures made with respect to the Project in advance
of the issuance and receipt of the proceeds of the Bonds.
2. The County Administrator is hereby authorized on
behalf of the County to submit an application to the
Authority to participate in a financing by the Authority and
to issue and sell the Bonds to the Authority in an aggregate
principal amount of not to exceed $24,905,000 for the purpose
of paying the costs of the Project.
3. Subject to the appropriation of moneys by the Board
of Supervisors for such purpose, the Board of Supervisors
hereby declares that the County reasonably expects and
intends to reimburse itself from the proceeds of the Bonds
for expenditures made by the County and the School Board with
respect to the Project in advance of the issuance and receipt
of the proceeds of the Bonds. The adoption of this
resolution shall be deemed an "official intent" within the
meaning of Treasury Regulation Section 1.150-2 promulgated
under the Internal Revenue Code of 1986.
4. This resolution shall take effect upon its
adoption.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.5. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.D.5.&. FROM THE MIDLOTHIAN DISTRICT IMPROVEI~NT FUND AND_
INCREASE APPROPRIATION IN THE UTILITIES FUND T~
PAINT A LOC~O ON THE MIDLOTHIAN WATER TANK
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
transferred $10,000 from the Midlothian District Improvement
Fund and increased appropriation in the utilities fund for
02- 359
05/22/02
painting of ~'The Village of Midlothian" logo on the
Midlothian water tank located at Watkins Elementary School.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.5.b.
FROM THE DALE, MATOACA, CLOVER HILL, MIDLOTHIAN AND
BERMUDA DISTRICT IMPROVEMENT FUNDS TO THE
CHESTERFIELD TRIAD PRO~RAM
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
transferred $400 each from the Dale, Matoaca, Clover Hill,
Midlothian and Bermuda District Improvement Funds (total of
$2,000) to the Chesterfield TRIAD Program for senior citizen
public safety programs.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.5.c. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO
THE TRANSPORTATION DEPARTMENT TO PURCHASE AND
iNSTALL A FENCE IN THE VIRGINIA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY ADJACENT TO HERITAGE
VILLAGE TOWNHOUSES
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
transferred $6,500 from the Midlothian District Improvement
Fund to the Transportation Department to purchase and install
a fence in the Virginia Department of Transportation right-
of-way adjacent to Heritage Village Townhouses.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.6.
ADOPTION AND ACCEPTANCE OF THE CHANGES TO THE
GUIDELINES GOVERNING THE CHESTERFIELD COUNTY AIRPORT
ADVISORY BOARD
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
adopted changes to the guidelines governing the Chesterfield
County Airport Advisory Board as outlined in the papers of
this Board.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.7. ACCEPTANCE AND APPROPRIATION OF VIRGINIA DEPARTMENT
OF AVIATION GRANT FUNDS, AND AWARDOF CONSTRUCTION
CONTRACT TO GERALD K. MOODY, INCORPORATED T/A
SOUTHERN CONSTRUCTION COMPANY FOR AN AIRPORT PROJECT
TO INSTALL WASH WATER LIFT STATION AND FORCE MAIN
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
authorized the County Administrator to accept Virginia
Department of Aviation grant funds in the amount of $29,600
and execute all contract documents, and awarded a contract in
the amount of $27,081.80 with Gerald K. Moody, Incorporated
T/A Southern Construction Company for an Airport project to
install a wash water lift station and force main.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 360
05/22/02
8.D.8. AUTHORI~&TION TO ACCEPT GRANTS AND APPROPRIATE FUNDS
8.D.8.&. FROM THE VIROINIA ALCOHOLIC BEVERAGE CONTROL BOARD
TO T~ C~STERFIELD COMMUNITY SERVICES BOARD
ADOLESCENT SUBSTANCE ABUSE SERVICES
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
accepted a grant in the amount of $33,062.34 from the
Virginia Department of Alcoholic Beverage Control, and
appropriated the funds to the Chesterfield Community Services
Board Adolescent Substance Abuse Services.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.8.b. FOR THE COMMUNITY SERVICE~ BOARD FOR ONGOING PART C
AND CHILD CARE INITIATIVES
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
accepted and appropriated federal and state grant awards in
the combined amount of $378,837 for the Part C program of the
Chesterfield Interagency Coordinating Council and Child Care
Program, ongoing grants, administered by the Chesterfield
Community Services Board and coordinated by its Infant
Program.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.9. R~FER TO THE PLANNING COMMISSION
8.D.9.&. SUBDIVISION AND ZONING ORDINANCE AMENDMENTS
RELATING TO ELECTRONIC SUBMISSIONS FOR CERTAIN SITE
PLAN AND SUBDIVISION APPROVALS AND RELATED FEES
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
referred to the Planning Commission subdivision and zoning
ordinance amendments relating to electronic submissions for
certain site plan and subdivision approvals and related fees.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.9.b. AN AMENDMENT TO THE ZONING ORDINANCE RELATING TO
THE DEFINITION OF A GROUP HOME
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
referred to the Planning Commission an amendment to the
zoning ordinance relating to the definition of group homes.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.10. CONSIDERATION OF AN AGREEMENT WITH THE CHESTERFIELD
COUNTY SCHOOL BOARD FOR THE USE OF SCHOOL BUSES FOR
PRO~RAMS CONDUCTED BY THE DEPARTMENT OF PARKS AND
RECREATION
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
authorized the County Administrator to execute an agreement
with the Chesterfield County School Board for the use of
school buses for programs conducted by the Department of
Parks and Recreation, in a form approved by the County
Attorney. (It is noted a copy of the agreement is filed with
the papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 361
O5/22/02
8.D.11. SET DATES FOR PUBLIC ~ARIN~
8.D.11.a.
TO CONSIDER AN ORDINANCE RELATING TO VOTING
PRECINCTS AND POLLING pLACES
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
set the date of June 26, 2002 at 7:00 p.m. for a public
hearing to consider an ordinance relating to voting precincts
and polling places.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.11.b.
TO CONSIDER A REVISIONTO TN~ SUBDIVISION
ORDINANCE RELATIVE TO THE SECOND ACCESS
REQUIREMENTS AT THE TIME OF ZONING
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
set the date of June 26, 2002 at 7:00 p.m. for a public
hearing to consider a revision to the subdivision ordinance
relative to the second access requirements at the time of
zoning.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.11.d. TO INCREASE FY2002 SCHOOL OPERATING APPROPRIATION~
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
set the date of June 26, 2002 at 7:00 p.m. for a public
hearing to consider increasing estimated revenues in the
School Operating Fund by $880,643; revising appropriations by
decreasing Instruction $300,000, and then increasing
Administration/Attendance and Health by $278,372, Pupil
Transportation by $100,000, Operations and Maintenance by
$620,114, and Debt Service by $182,157.
And, further, the Board approved reserving the necessary
funds (approximately $2,410,803) for re-appropriation in
FY2003 in various accounts, after year-end results are
finalized.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.12.
APPROVAL OF CHANGE ORDERS TO THE CONSTRUCTION
CONTRACT WITH KENBRID~E CONSTRUCTION COMPANY FOR
THE JUVENILE DETENTION HOME PROJECT
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
authorized the County Administrator to execute change orders
with Kenbridge Construction Company, totaling $195,917, for
re-roofing the existing courts building portion of the
Juvenile Detention Home project and repairing/replacing the
metal siding and roofing on the existing gymnasium portion.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.13.
8.D.13 .&.
ACCEPTANCE OF PARCELS OF LAND
ALONG THE WEST RIGHT OF WAY LINE OF JEFFERSON
DAVIS HIGHWAY AND THE NORTH RIGHT OF WAY LIME OF
MILHORN STREET FROM WAWA, INCORPORATED
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
accepted the conveyance of two parcels of land containing a
02- 362
05/22/02
total of 0.404 acres along the west right of way line of
Jefferson Davis Highway (US Route 1 and 301) and the north
right of way line of Milhorn Street (State Route 1135) from
Wawa, Incorporated, 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: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.13.b. FOR PROPOSED POWHITE PARKWAY FROM BASE CAMP
HOLDING~ L.L.C.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
accepted the conveyance of a parcel of land containing 0.883
acres for proposed Powhite Parkway from Base Camp Holding,
L.L.C. and authorized the County Administrator to execute the
deed. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.13.c. ALONG THE EAST RIGHT OF WAY LINE OF WARBRO ROAD
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
accepted the conveyance of a parcel of land containing 0.564
acres along the east right of way line of Warbro Road, 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: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.13.d. ALONG THE WEST RIGHT OF WAY LINE OF HUGUENOT ROAD
FROM JACQUELIN V. GRANT
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
accepted the conveyance of a parcel of land containing 0.027
acres along the west right of way line of Huguenot Road
(State Route 147) from Jacquelin V. Grant, 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: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.13.e. ALONG THE SOUTH RIGHT OF WAY LINE OF HAPPY HILL
ROAD FROM LUDWIG BURGER AND ANGELAV. BURGER
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
accepted the conveyance of a parcel of land containing 0.0137
acres along the south right of way line of Happy Hill Road
(State Route 619) from Ludwig Burger and Angela V. Burger,
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: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 363
05/22/02
8.D.13.f. FOR OTTERDALE ROAD EXTENDED FROM WATKINS LAND
L.L.C.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
accepted the conveyance of a parcel of land for Otterdale
Road Extended from Watkins Land, L.L.C., and authorized the
County Administrator to execute the deed.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.13.g. FOR THE EXTENSION OF EASTFAIR DRIVE FROM THE NASH
ROAD/WOODPECKER ROAD, LLC
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
accepted the conveyance of a parcel of land containing 2.15
acres for the extension of Eastfair Drive from The Nash
Road/Woodpecker Road, LLC, and authorized the County
Administrator to execute the deed. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.13.h. ALONG THE SOUTH RIGHT OF WAY LINE OF HAPPY HILL
ROAD FROM RONALD E. WILSON AND LOUISE A. WILSON
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
accepted the conveyance of a parcel of land containing 0.0471
acres along the south right of way line of Happy Hill Road
(State Route 619) from Ronald E. Wilson and Louise A. Wilson,
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: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.14. REQUEST TO EXERCISE EMINENT DOMAIN FOR THE
ACQUISITION OF A VARIABLE WIDTH WATER EASEMENT AND A
FIVE FOOT TEMPORARY CONSTRUCTION EASEMENT FOR THE
HOPKINS ROAD WATERLINE PROJECT
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
authorized the County Attorney to proceed with eminent domain
for the acquisition of a variable width water easement and a
five foot temporary construction easement across the property
of the heirs of Robert Clarke. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.15. REQUESTS FOR PERMISSION
8.D.15.&.
FROM BEL ARBOR DEVELOPERS, INCORPORATED TO
CONSTRUCT A WOODEN FOOTBRIDGE OVER A TWENTY-
SIX FOOT DRAINAGE EASEMENT ACROSS LOT 22,
BELARBOR SUBDIVISION
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved a request from Bel Arbor Developers, Incorporated
for permission to construct a wooden footbridge over a
twenty-six foot drainage easement across Lot 22, Bel Arbor
Subdivision, 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: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 364
05/22/02
8.D.15.b.
FROM DANIEL L. MARTIN AND BOUNSATHIT MARTIN TO
CONSTRUCT A GRAVEL DRIVEWAY WITHIN A TWENTY FOOT
DRAINAGE EASEMENT ACROSS LOT 5, MOUNT BLANCO,
SECTION 13
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved a request from Daniel L. Martin and Bounsathit
Martin for permission to construct a gravel driveway within a
twenty foot drainage easement across Lot 5, Mount Blanco,
Section 13, 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: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8 · D. 16 · CONVEYANCE OF EASEMENTS
8.D.16.a. TO VERIZON VIRGINIA INCORPORATED TO INSTALL
UNDERGROUND CABLE ACROSS COUNTY PROPERTY AT
MIDLOTHIAN MIDDLE SCHOOL TO SERVE THE GREEN AT
THE VILLAGE OF MIDLOTHIAN
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Verizon Virginia Incorporated to install underground cable
across county property at Midlothian Middle School to serve
The Green at the Village of Midlothian. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.16.b.
TO VIRGINIA ELECTRIC AND POWER COMPANY FOR
UNDERGROUND CABLE TO SERVE THE CAMP BAKER, PHASE
IV RESIDENTIAL RETREAT BUILDING
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Virginia Electric and Power Company for underground cable to
serve the Camp Baker, Phase IV Residential Retreat Building.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.16.c.
TO COLUMBIA PROPANE CORPORATION FOR UNDERGROUND
TANKS TO SERVE THE NEW MATOACA HIGH SCHOOL
After brief discussion, on motion of Mrs. Humphrey, seconded
by Mr. McHale, the Board authorized the Chairman of the Board
of Supervisors and the County Administrator to execute an
easement agreement with Columbia Propane Corporation for
underground tanks to serve the new Matoaca High School.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 365
O5/22/O2
8. D. 17. REQUESTS TO QUITCLAIM
8.D.17.&. A SIXTEEN-FOOT DRAINAGE EASEMENT AND PORTIONS OF A
SIXTEEN-FOOT WATER EASEMENT ACROSS THE PROPERTY OF
RICHMOND HOSPITALITY, LLC
On motion of Mrs. Humphrey, 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 drainage easement and portions of a sixteen-foot
water easement across the property of Richmond Hospitality,
LLC. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.17 .b.
A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS THE
PROPERTY OF PRINCIPAL DEVELOPMENT INVESTORS,
L.L.C.
On motion of Mrs. Humphrey, 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 drainage easement across the property of
Principal Development Investors, L.L.C. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.18. APPROVAL OF A LEASE FOR THE GREENFIELD COMMUNITY
ASSOCIATION COMMUNITY BUILDING TO OPERATE A TEEN
CENTER PRO~RAM
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
authorized the County Administrator to enter into a lease
agreement, approved by the County Attorney, with the
Greenfield Co~unity Association for the use of the
Greenfield Community Association Building from July 8, 2002
to August 9, 2002.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.19. APPROVAL OF SEWER CONTRACTS
8.D.19.&. FOR BAYHILL POINTE, SECTION 13
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved the following sewer contract for Bayhill Pointe,
Section 13, Contract Number 01-0450, which includes the
extension of 906 L.F. ~ of eighteen-inch oversized wastewater
lines:
Developer: Allen, Bailey and Hill
Contractor: Coastal Utilities, Inc.
Contract Amount: Estimated County Cost
for Oversizing ......... $13,218.00
Estimated Developer Cost. $122,843.10
Estimated Total ........ $136,061.10
Code: (Refunds thru Connections - Oversizing) 5N-572VO-E4C
District: Matoaca
And, further, the Board authorized the County Administrator
to execute any necessary documents. (It is noted a copy of
the vicinity sketch is filed with the papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 366
05/22/02
8.D.19.b. FOR MAGNOLIA GREEN OFFSITE SEWER LINE
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved the following sewer contract for Magnolia Green
0ffsite Sewer Line, Contract Number 00-0383, which includes
an extension of 8,932 L.F. ~ of thirty-six inch oversized
wastewater lines and 3,000 L.F. of offsite wastewater lines:
Developer: Salvatore J. Cangiano
Contractor: Infracorps of Virginia, Inc.
Contract Amount: Estimated County Cost for
Oversizing ........... $149,798.00
Estimated County Cost for
Offsite ............. $115,729.75
Estimated Developer Cost .... $591,472.25
Estimated Total ......... $857,000.00
Code: (Refunds thru Connections - Oversizing) 5N-572VO-E4C
Code: (Refunds thru Connections - Offsite) 5N-572VO-E4D
District: Matoaca
And, further, the Board authorized the County Administrator
to execute any necessary documents. (It is noted a copy of
the vicinity sketch is filed with the papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.20. APPROVAL OF UTILITY CONTRACTS
8.D.20.&. FOR HAMPTON PARK DRIVE WEST EXTENSION
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved the following utility contract for Hampton Park
Drive West Extension, Contract Number 01-0413, which includes
the extension of 1,852 L.F. ± of twelve-inch oversized water
lines:
Developer:
Contractor:
Contract Amount:
Hampton Park Associates, LLC
R.M.C. Contractors, Inc.
Estimated County Cost for
Oversizing .......... $17,564.00
Estimated Developer Cost $41,896.00
Estimated Total ........ $59,460.00
Code: (Refunds thru Connections - Oversizing) 5B-572VO-E4C
District: Matoaca
And, further, the Board authorized the County Administrator
to execute any necessary documents. (It is noted a copy of
the vicinity sketch is filed with the papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.20.b. FOR 143 AND 151 IRONWOOD ROAD WATER EXTENSION
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved the following utility contract for 143 and 151
Ironwood Road Water Extension, Contract Number 02-0070, which
includes an offsite extension of 98 L.F. + of six-inch water
lines:
Developer: Ralph A. Bates, Rudolph M. and
Ruth M. Elledge
Contractor: Couch Construction Company, Inc.
Contract Amount: Estimated County Cost for
Offsite ............. $1,635.82
Estimated Developer Cost ..... $12,364.18
Estimated Total ......... $14,000.00
Code: (Refunds thru Connections - Offsite) 5B-572VO-E4D
02- 367
05/22/02
District: Clover Hill
And, further, the Board authorized the County Administrator
to execute any necessary documents. (It is noted a copy of
the vicinity sketch is filed with the papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.21. ACCEPTANCE AND APPROPRIATION OF FEDERAL AND STATE
GRANT FUNDSt AND AWARD OF CONSTRUCTION CONTRACT
TO DWIGHT SNEAD CONSTRUCTION COMPANY FOR A PROJECT
TO REHABILITATE THE TERMINAL APRON AT THE AIRPORT
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
authorized the County Administrator to accept and appropriate
$135,387 in grant funds ($124,335.00 in federal and
$11,052.00 in state); transferred the local match of $2,763
from the Airport operating fund; awarded a contract in the
amount of $109,750 to Dwight Snead Construction Company to
rehabilitate the existing terminal apron; and authorized the
County Administrator to execute all documents.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.22. INITIATION OF A VARIANCE APPLICATION TO THE BOARD
OF ZONING APPEALS FOR REAR YARD SETBACK AT 6212
DALESHIRE DRIVE
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
initiated a variance application for a variance for the rear
yard setback at 6212 Daleshire Drive to correct a building
permit error made in 1972.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.D.23. APPROVAL OF STATEMENT REGARDING THE FY2003-FY2008
SIX-YEAR TRANSPORTATION PRO~RAM
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved a statement regarding the county's primary and
interstate road needs and authorized staff to forward the
statement to the county's legislative delegation and Virginia
Department of Transportation Commissioner Shucet prior to the
Commonwealth Transportation Board's Final Program Meeting for
the FY2003-FY2008 Six-Year Transportation Program. (It is
noted a copy of the statement is filed with the papers of
this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
The following items were removed from the Consent Agenda for
Board discussion:
8.D.2.e.
RESOLUTION CONFIRMING PROCEEDINGS OF THE
CHESTERFIELD COUNTY INDUSTRIAL DEVELOPMENT
AUTHORITY FOR ISSUANCE OF INDUSTRIAL REVENUE BONDS
TO ASSIST THE FORE COURTHOUSE SENIORS LIMITED
PARTNERSHIP IN ACQUIRING, CONSTRUCTING, AND
EQUIPPING A RESIDENTIAL RENTAL HOUSING DEVELOPMENT
FOR THE ELDERLY TO BE LOCATED IN CHESTERFIELD
COUNTY
Mr. Miller inquired about the reason for the second request
for the Board to adopt the resolution.
02- 368
05/22/02
Mr. Mike Chernau, Senior Assistant County Attorney, stated
that the resolution was adopted by the Board approximately
one year ago and indicated that, under Internal Revenue Code
regulations, approval is good for one year and the borrower
has one year to have the bonds priced, issued and close the
deal. He further stated that Fore Courthouse Seniors Limited
Partnership was not able to have the bonds priced and closed
within the one year period, but intends to close next week.
He stated that the project has not changed in any respect and
is still restricted to senior citizens.
Mr. Miller expressed concerns relative to the possibility of
the zoning classification changing from senior citizens to
something else without coming back before the Board.
It was generally agreed that the item be deferred until later
in the agenda to allow for staff's review of zoning
conditions relative to senior citizens.
8.D.11.c. SET DATE FOR PUBLIC HEARING TO CONSIDER TRANSFER
OF CABLE FRANCHISE FROM COMCAST TO AT&T COMCAST
CORPORATION
Mr. Miller stated that he has had numerous complaints
relative to dissatisfaction with the service provided by
Comcast. He expressed concerns that AT&T Comcast might not
be inclined to maintain a service center in the county.
Mr. Micas stated that, when the Board considers transfer of
ownership, it could place a condition on the transfer that
would require AT&T Comcast to maintain a local service center
and also require them to respond to service calls within a
certain standard.
Mr. Miller stated that he would support conditioning transfer
of the franchise on a requirement that a local service center
be maintained and a certain standard be met for responding to
service calls.
When asked, Mr. Micas stated that the Board could invite
another cable provider into the county if it chose to do so.
He further stated that, based upon Mr. Miller's
recommendation, staff will contact Comcast directly relative
to the proposed condition of transferring the franchise and
communicate with the Board its response.
When asked, Mr. Micas stated that the Federal
Telecommunications Act prohibits localities from addressing
the fee increases of cable providers.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
set the date of June 26, 2002 at 7:00 p.m. for a public
hearing to consider transfer of the cable franchise from
Comcast to AT&T Comcast Corporation.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS 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 Mrs. Humphrey, the Board
accepted the following reports:
02- 369
05/22/02
A report on Developer Water and Sewer Contracts; and a Status
Report on the General Fund Balance, Reserve for Future
Capital Projects, District Improvement Funds and Lease
Purchases.
And, further, the following
State Secondary System:
roads were accepted into the
ADDITION LENGTH
BEL ARBOR
(Effective 4/19/02)
Bel Arbor Drive (Route 4634) - From Ironbridge
Parkway (Route 1569) to Bel Lac Drive (Route 4635)
0.06 Mi
Bel Jour Place (Route 4636) - From Bel Lac
Drive (Route 4635) to Cul-de-sac
0.04 Mi
Bel Lac Drive (Route 4635) - From Bel Arbor
Drive (Route 4634) to Cul-de-sac
0.03 Mi
Bel Lac Drive (Route 4635) - From Riviera Court
(Route 4637) to Bel Jour Place (Route 4636)
0.05 Mi
Bel Lac Drive (Route 4635) - From Ironbridge
Boulevard (Route 632) to Riviera Court (Route
4637)
0.06 Mi
Bel Lac Drive (Route 4635) - From Bel Jour Place
(Route 4636) to Bel Arbor Drive (Route 4634)
0.07 Mi
Riviera Court (Route 4637) - From Bel Lac Drive
(Route 4635) to Cul-de-sac
0.04 Mi
NAIRN, SECTION 2
(Effective 4/25/02)
Nairn Lane (Route 4978) - From Nairn Place
(Route 4638) to Cul-de-sac
0.03 Mi
Nairn Lane (Route 4978) - From Nairn Road
(Route 4977) to Nairn Place (Route 4638)
0.21 Mi
Nairn Place (Route 4638) - From Nairn Lane
(Route 4978) to Cul-de-sac
0.08 Mi
RIVERTON, SECTION C
(Effective 4/30/02)
Raftersridge Court (Route 5421) - From
Raftersridge Drive (Route 5419) to Cul-de-sac
0.05 Mi
Raftersridge Drive (Route 5419) - From
Riverton Ridge Drive (Route 5418) to
Raftersridge Terrace (Route 5420)
0.06 Mi
Raftersridge Drive (Route 5419) - From
Raftersridge Terrace (Route 5420) to
Raftersridge Court (Route 5421)
0.08 Mi
Raftersridge Drive (Route 5419) - From
Raftersridge Court (Route 5421) to Cul-de-sac
0.10 Mi
Raftersridge Terrace (Route 5420) - From
Raftersridge Drive (Route 5419) to Cul-de-sac
0.10 Mi
Riverton Ridge Drive (Route 5418) - From James
River Road (Route 3387) to Raftersridge Drive
(Route 5419)
0.09 Mi
Riverton Ridge Drive (Route 5418) - From
Raftersridge Drive (Route 5419) to 0.01 mile
02- 370
05/22/02
South of Raftersridge Drive (Route 5419) 0.01 Mi
RIVERTON, SECTION D
(Effective 4/30/02)
Riverbelle Court (Route 5414) - From Riverbelle
Way (Route 5413) to Cul-de-sac
Riverbelle Way (Route 5413) - From Riverbelle
Court (Route 5414) to Cul-de-sac
Riverbelle Way (Route 5413) - From Waterswatch
Drive (Route 5422) to Riverbelle Court (Route 5414)
Waterswatch Drive (Route 5422) - From Riverbelle
Way (Route 5413) to 0.03 mile east Riverbelle
Way (Route 5413)
Waterswatch Drive (Route 5422) - From Riverton
Ridge Drive (Route 5418) to Riverbelle Way (Route
5413)
SOUTHCREEK, SECTION 5
(Effective 4/19/02)
Green Trellis Place (Route 4518) - From Majestic
Creek Drive (Route 4516) to Cul-de-sac
Majestic Creek Court (Route 4517) - From Majestic
Creek Drive (Route 4516) to Cul-de-sac
Majestic Creek Drive (Route 4516) - From Majestic
Creek Court (Route 4517) to Cul-de-sac
Majestic Creek Drive (Route 4516) - From Southcreek
Drive (Route 4016) to Majestic Creek Court (Route
4517)
STONEHENGE, AMESBURY SECTION
(Effective 4/25/02)
Rexmoor Drive (Route 2562) - From 0.03 mile west
of Rexmoor Place (Route 3010) to Rexmoor Terrace
(Route 4624)
Rexmoor Drive (Route 2562) - From Rexmoor Terrace
(Route 4624) to Cul-de-sac
Rexmoor Terrace (Route 4624) - From Rexmoor Drive
(Route 2562) to Cul-de-sac
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
0.10 Mi
0.04 Mi
0.09 Mi
0.03 Mi
0.06 Mi
0.11 Mi
0.07 Mi
0.10 Mi
0.12 Mi
0.03 Mi
0.09 Mi
0.12 Mi
10 .D.
CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(7),
CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS WITH
COUNSEL ACTUAL LITIGATION IN THE CASE OF ESTATE
OF HAZEL COPLEY v. COUNTY OF CHESTERFIELD
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
went into Closed Session pursuant to Section 2.2-3711(A) (7),
Code of Virqinia, 1950, as amended, to discuss with counsel
actual litigation in the case of Estate of Hazel Copley v.
County of Chesterfield.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Reconvening:
02- 371
05/22/02
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into Closed Session in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act
effective July 1, 1989 provides for certification that such
Closed Session was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member's
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of
Information Act were discussed in the Closed Session to which
this certification applies, and
ii) only such public business matters as were identified
in the Motion by which the Closed Session was convened were
heard, discussed, or considered by the Board. No member
dissents from this certification.
The Board being polled, the vote was as follows:
Mr. McHale: Aye.
Mrs. Humphrey: Aye.
Mr. Barber: Aye.
Mr. Warren: Aye.
Mr. Miller: Aye.
8.D.2 .e.
RESOLUTION CONFIRMINO PROCEEDINGS OF THE
CHESTERFIELD COUNTY INDUSTRIAL D~FELOPMENT
AUTHORITY FOR ISSUANCE OF INDUSTRIAL REVENUE BONDS
TO ASSIST THE FORE COURTHOUSE SENIORS LIMITED
PARTNERSHIP IN ACQUIRINO, CONSTRUCTING, AND
EQUIPPING A RESIDENTIAL RENTAL HOUSING DEVELOPMENT
FOR THE ELDERLY TO BE LOCATED IN CHESTERFIELD
COUNTY
Mr. Miller stated that staff has advised him that there is a
condition of zoning that limits the Fore Courthouse Seniors
Limited Partnership development to senior citizens.
Mr. Miller then made a motion, seconded by Mr. McHale, for
the Board to adopt the following resolution:
WHEREAS, the Industrial Development Authority of
Chesterfield County ("Authority"), has considered the
application of Fore Courthouse Seniors, L.P., a Virginia
limited partnership ("Borrower") requesting the issuance of
the Authority's revenue bonds in an amount not to exceed
$4,200,000 ("Bonds") to assist in the financing of the
Borrower's acquisition, construction and equipping of a
rental housing development for the elderly consisting of
approximately 47,200 square feet to be known as Courthouse
Senior Apartments ("Project") to be located at 9851 Krause
Road in Chesterfield County, Virginia, and has held a public
hearing on May 16, 2002;
WHEREAS, Section 147(f) of the Internal Revenue Code of
1986, as amended (the "Code"), provides that the governmental
unit having jurisdiction over the issuer of private activity
bonds and over the area in which any facility financed with
the proceeds of private activity bonds is located must
approve the issuance of the bonds;
WHEREAS, the Authority issues its bonds on behalf of the
County of Chesterfield, Virginia ("County"); the Project is
02- 372
05/22/02
to be located in the County and the Board of Supervisors of
the County of Chesterfield, Virginia ("Board") constitutes
the highest elected governmental unit of the County;
WHEREAS, the Board, on May 23, 2001, previously approved
the issuance of the Bonds (the "Initial Approval");
WHEREAS, the Bonds have not been issued within one year
of the Initial Approval, requiring under Section 147(f) of
the Code a new approval of the issuance of the Bonds by the
Board;
WHEREAS, the Authority has recommended that the Board
approve the issuance of the Bonds; and
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to the terms to be agreed
upon, a certificate of the public hearing and a Fiscal Impact
Statement have been filed with the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD
SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA:
OF
1. The Board approves the issuance of the Bonds by the
Authority for the benefit of the Borrower, as required by
Section 147(f) of the Code and Section 15.2-4906 of the Code
of Virginia of 1950, as amended ("Virginia Code") to permit
the Authority to assist in the financing of the Project.
2. The approval of the issuance of the Bonds does not
constitute an endorsement to a prospective purchaser of the
Bonds of the creditworthiness of the Project or the Borrower.
3. This resolution shall take effect immediately upon
adoption.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
11. DINNER
On motion of Mr. McHale, seconded by Mr. Barber, the Board
recessed to the Administration Building, Room 502, for
dinner.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Reconvening:
12. INVOCATION
Reverend Martha Jenkins, Vicar of Saint Matthew's Episcopal
Church, gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout David Cobaugh led the pledge of allegiance to the
flag of the United States of America.
Mr. Miller expressed condolences to the family and friends of
former Bermuda District Supervisor Garland Dodd who recently
passed away. He stated that Mr. Dodd was a faithful servant
of the county for many years and will be deeply missed.
02- 373
05/22/02
14. RESOLUTIONS AND SPECIAL RECOGNITIONS
14.A. RECOGNIZING MAY 19-25, 2002, AS ~OLUNT~ER RESCUe.
SQUAD WEE~~
Mr. David Tesh, Volunteer Recruitment and Retention
Coordinator for Chesterfield Fire and Emergency Medical
Services, introduced Captain Mike Harmon, representing
Chesterfield Fire and Emergency Medical Services; Mr. Gary
Frame, representing Bensley-Bermuda Volunteer Rescue Squad;
Mr. Bruce Wilson, representing Ettrick-Matoaca Volunteer
Rescue Squad; Mr. Ken Williams, representing Manchester
Volunteer Rescue Squad; and Mr. Jerry Draucker, representing
Forest View Volunteer Rescue Squad, who were present to
receive the resolutions.
On motion of the Board, the following resolution was adopted:
WHEREAS, Bensley-Bermuda, Ettrick-Matoaca, Forest View,
and Manchester Volunteer Rescue Squad members provide basic
and advanced pre-hospital patient care, a vital public
service, to the citizens and visitors of Chesterfield County;
and
WHEREAS, access to quality emergency care dramatically
improves the survival and recovery rate of those who
experience sudden illness or injury; and
WHEREAS, last year volunteer rescue squad members in
Chesterfield County responded to over 7,000 calls for rescue
or emergency medical service; and
WHEREAS, rescue squad members put in thousands of hours
on a volunteer basis without monetary compensation; and
WHEREAS, approximately two-thirds of all
medical services providers are volunteers; and
emergency
WHEREAS, injury prevention and the appropriate use of
the EMS system can reduce national health care costs; and
WHEREAS, Chesterfield County is committed to assisting
the squads in their role as an integral component of
Chesterfield Fire and Emergency Medical Services.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes the week of
May 19-25, 2002, as '~olunteer Rescue Squad Week," and asks
the citizens of Chesterfield County to participate in
activities sponsored by their local squad to promote safety
at home, work, school, and on the roadways and recognize the
contributions made by the volunteers toward a safer community
in which to live.
.Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. Miller presented executed resolutions to Mr. Frame, Mr.
Wilson, Mr. Williams and Mr. Draucker, and expressed
appreciation for the many hours of service provided by
volunteer rescue squad members.
14 .B.
RECOGNIZING MAY 19-25, 2002, AS "EMERGENCY MEDICAL
SERVICES WEEK"
On motion of the Board, the following resolution was adopted:
WHEREAS, emergency medical services is a vital public
service; and
02- 374
05/22/02
WHEREAS, the members of emergency medical services teams
are ready to provide lifesaving care to those in need twenty-
four hours a day, seven days a week; and
WHEREAS, access to quality emergency care dramatically
improves the survival and recovery rate of those who
experience sudden illness or injury; and
WHEREAS, emergency medical services providers have
traditionally served as the safety net of America's health
care system; and
WHEREAS, emergency medical services teams consist of
emergency physicians, emergency nurses, emergency medical
technicians, paramedics, firefighters, educators,
administrators, and others; and
WHEREAS, the members of emergency medical services
teams, whether career or volunteer, engage in thousands of
hours of specialized training and continuing education to
enhance their lifesaving skills; and
WHEREAS, Americans benefit daily from the knowledge and
skills of these highly trained individuals; and
WHEREAS, it is appropriate to recognize the value and
the accomplishments of emergency medical services providers
by designating "Emergency Medical Services Week"; and
WHEREAS, injury prevention and the appropriate use of
the EMS system will help reduce national health care costs.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes the week of
May 19-25, 2002, as "Emergency Medical Services Week."
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. Miller presented executed resolutions to Mr. Harmon, Mr.
Frame, Mr. Wilson, Mr. Williams and Mr. Draucker, and
expressed appreciation for the invaluable services provided
by the county's emergency medical services providers.
14 .C.
RECOGNIZING MAY 2002, AS '~HESTERFiELD COUNTY SAFE
BOATING MONTH'~
Mr. Kappel introduced Mr. Louis St. Charles, Public Affairs
Officer, United States Coast Guard Auxiliary Division 3, who
was present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Chesterfield County is fortunate to have the
James and Appomattox Rivers, Lake Chesdin, Swift Creek
Reservoir, and smaller bodies of water available for
recreational boating use; and
WHEREAS, while boating can be a safe and enjoyable past-
time, each year, between 700-800 Americans die in boating-
related accidents; and
WHEREAS, many of these accidents are related to drug or
alcohol use and not wearing life jackets; and
WHEREAS, modern life jackets are more comfortable, more
attractive, and safer than those of years past; and
02- 375
05/22/02
WHEREAS, proper use of life jackets and common sense can
prevent most of these tragic accidents; and
WHEREAS, this Board of Supervisors wants our residents
and visitors to safely enjoy Chesterfield County's waterways
again and again.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes May 2002, as
"Chesterfield County Safe Boating Month," and encourages all
boaters in Chesterfield County to wear life jackets and obey
all safe boating rules while enjoying our Chesterfield County
waterways.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. Warren presented the executed resolution to Mr. St.
Charles, accompanied by three members of the Coast Guard
Auxiliary, and stressed the importance of safe boating
practices.
14.D. RECOGNIZING BOY SCOUTS UPON ATTAINING RANK OF EAGLE
SCOUT
14.D.1. DANIEL EDWARD RUSBASAN, BERMUDA DISTRICT
Mr. Hammer introduced Mr. Daniel Rusbasan 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. Daniel Edward Rusbasan, Troop 815,
sponsored by Bethel Baptist Church, has accomplished those
high standards of commitment and has reached the long-sought
goal of Eagle Scout, which is earned by only four percent of
those individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Daniel has distinguished himself as a member of a
new generation of prepared young citizens of whom we can all
be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its
congratulations to Mr. Daniel Edward Rusbasan 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, Humphrey and McHale.
Nays: None.
02- 376
05/22/O2
Mr. McHale presented the executed resolution and patch to Mr.
Rusbasan, accompanied by members of his family, congratulated
him on his outstanding achievement, and wished him well in
his future endeavors.
Mr. Rusbasan expressed appreciation to the Board for the
recognition and also to members of his troop and his family
and friends for their support.
14.D.2. STEPHEN BENJAMIN KENNEDY, CLOVER HILL DISTRICT
Mr. Hammer introduced Mr. Stephen Kennedy 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. Stephen Benjamin Kennedy, Troop 894,
sponsored by Saint David's 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, Stephen 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. Stephen Benjamin Kennedy 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, Humphrey and McHale.
Nays: None.
Mr. Warren presented the executed resolution and patch to Mr.
Kennedy, accompanied by members of his family, congratulated
him on his outstanding achievement, and wished him well in
his future endeavors.
Mr. Kennedy expressed appreciation to the Board for the
recognition and also to his family and church for their
support.
14.D.3. DAVID CHRISTOPHER COBAUGH, DALE DISTRICT
Mr. Hammer introduced Mr. David Cobaugh who was present to
receive the resolution.
02- 377
05/22/02
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. David Christopher Cobaugh, Troop 885,
sponsored by Beach Community Grange, 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, David 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. David Christopher Cobaugh 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, Humphrey and McHale.
Nays: None.
Mr. Miller presented the executed resolution and patch to Mr.
Cobaugh, accompanied by members of his family, congratulated
him on his outstanding achievement, and wished him well in
his future endeavors.
Mr. Cobaugh expressed appreciation to his parents,
leaders and Beach Community Grange for their support.
scout
14.E. RECOGNIZING THE MEADOWBROOK HIGH SCHOOL GIRLS VARSITY
BASKETBALL TEAM FOR ITS OUTSTANDING ACCOMPLISHMENTS
DURING THE 2002 SEASON
Mr. Hammer introduced Mr. Steve Genovese, coach of the
Meadowbrook High School Girls Varsity basketball team, who
was present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, participation in high school sports has long
been an integral part of Chesterfield County's educational,
physical and emotional development for students; and
WHEREAS, Mr. Steve Genovese, Coach of the Meadowbrook
High School Girls Varsity basketball team completed his fifth
year as varsity coach with an overall record of 105 wins and
21 losses and was named the Central District and Central
Regional Coach of the Year for the 2002 season; and
02- 378
05/22/02
WHEREAS, under Mr. Genovese's and his staff's guidance
and direction the 2002 Meadowbrook Lady Monarchs finished the
regular season with a 27 - 2 record; and
WHEREAS, the Lady Monarchs were the regular season
District Champions; and
WHEREAS, the Lady Monarchs were the Central District
Tournament Champions; and
WHEREAS, the Lady Monarchs were the Central Regional
Champions; and
WHEREAS, the Lady Monarchs participated in the state AAA
Final Four; and
WHEREAS, the team members include Leslee Anderson,
Lynette Anderson, Ebony Archie, Tara Jones, Portia Lawrence,
Lauren Klement, Andrea Harris, Shant'e Carter, Jessica
Marseille, Audrey Smith, Allison Greene, Team Manager Angela
Walker and District and Regional Player of the Year Brittany
Anderson.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes the 2002
Meadowbrook High School Girls Varsity Basketball Team for its
outstanding representation of Chesterfield County, commends
the Lady Monarchs for their commitment to excellence and
sportsmanship, and hereby expresses best wishes for continued
success.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. Miller presented the executed resolution to Coach
Genovese and also to members of the Lady Monarchs basketball
team, congratulated them on an excellent season, and wished
them continued academic and athletic success.
Mr. Genovese expressed appreciation to the Board for the
recognition and also to the players and Assistant Coach Allen
for their hard work and dedication.
15.
REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON
THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDERs
- 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
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 the intersection of
these roads. Tax ID 757-677-2517 (Sheet 17).
Mr. Jacobson stated that Mr. Miller has requested a deferral
of Case 02SN0171 until July 24, 2002.
02- 379
05/22/02
Mr. Andy Scherzer, representing the applicant, stated that
the deferral is acceptable.
Mr. Miller called for the public hearing.
No one came forward to speak to the deferral.
On motion of Mr. Miller, seconded by Mr. McHale, the Board
deferred Case 02SN0171 until July 24, 2002.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02SN0139 (Amended)
In Midlothian Magisterial District, WINDY HILL LTD requests
amendment to Conditional Use (Case 79S066) and amendment of
zoning district map to permit a go-cart track and indoor
recreational (video games) uses. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for regional employment center use.
This request lies in an Agricultural (A) District on 31.7
acres fronting approximately 750 feet on the north line of
Midlothian Turnpike, approximately 960 feet west of Huguenot
Springs Road. Tax ID 710-710-Part of 0358 (Sheet 5).
Mr. Jacobson presented a summary of Case 02SN0139 and stated
that the Planning Commission and staff recommend approval
subject to one condition and acceptance of the proffered
condition.
Mr. Hylton Phillips, 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. Barber, seconded by Mr. McHale, the Board
approved Case 02SN0139 subject to the following condition:
Uses permitted on the site shall include a video game room
and the operation of a commercial go-cart track. (P)
(Notes: a.
These uses are in addition to those uses
permitted by Condition 1 of Case 79S066.
bo
Except as amended by this Condition, all
previous conditions of Case 79S066 and
92SN0133 remain in effect.)
And, further,
condition:
the Board accepted the following proffered
The maximum number of go-carts operating at any one time on
the site shall be twenty-one (21). (P)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02SN0193
In Midlothian Magisterial District, HUGUENOT VILLAGE
ACQUISITION COMPANY, L.L.C. requests rezoning and amendment
of zoning district map from Corporate Office (0-2) to
Community Business (C-3). The density of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
02- 380
05/22/02
for regional mixed use. This request lies on 0.6 acre
fronting approximately 115 feet on the southeast line of
Huguenot Road, approximately 375 feet north of Allecingie
Parkway. Tax ID 740-714-Part of 4035 (Sheet 2).
Mr. Jacobson presented a summary of Case 02SN0193 and stated
that the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. He noted that the
request conforms to the Huquenot/Robious/Midlothian 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. Barber, seconded by Mr. Warren, the Board
approved Case 02SN0193 and accepted the following proffered
conditions:
The property owner and the developer (the ~Developer") 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 GPIN/Tax Identification Number 740-
714-4035 (part) (the ~Property") under consideration will be
developed according to the following conditions if, and only
if, the rezoning request for C-3 is granted. In the event
the request is denied or approved with conditions not agreed
to by the Developer, the proffers and conditions shall
immediately be null and void and have no further force or
effect. If the zoning is granted, these proffers and
conditions will supersede all proffers and conditions now
existing on the Property.
Dedication. Prior to any site plan approval, sixty (60)
feet of right-of-way on the east side of Huguenot Road,
measured from the centerline of that part of Huguenot
Road immediately adjacent to the Property, shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
o
Transportation. No direct access shall be provided from
the Property to Huguenot Road. (T)
o
Architecture. The architectural treatment of any
building located on the Property, including materials,
color and style, shall be compatible with buildings
located within Huguenot Village Shopping Center on
GPIN/Tax Identification Number 740-714-4035. (P)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02SN0197
In Matoaca Magisterial District, VOICESTREAM WIRELESS
requests Conditional Use and amendment of zoning district map
to permit a communications tower in a Light Industrial (I-l)
District. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
regional mixed use. This request lies on 1.1 acres fronting
approximately 330 feet on the south line of Commonwealth
Centre Parkway, approximately 750 feet west of Route 288.
Tax ID 736-675-Part of 4956 (Sheet 16).
02- 381
05/22/02
Mr. Jacobson presented a summary of Case 02SN0197 and stated
that the Planning Commission and staff recommend approval
subject to conditions. He further stated that the request
conforms to the siting criteria for towers.
Ms. Ambre Blatter, 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 Mrs. Humphrey, seconded by Mr. McHale, the Board
approved Case 02SN0197 subject to the following conditions:
Any communications tower shall be co-located on
existing utility structures. (P)
o
The tower and equipment shall be designed and
installed so as not to interfere with the
Chesterfield County Communications System. At the
time of site plan review, the owner/developer 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)
o
The developer shall be responsible for correcting
any frequency problems which affect the
Chesterfield County Communications System caused by
this use. Such corrections shall be made
immediately upon notification by the Chesterfield
County Communications and Electronics staff. (GS)
o
The color and lighting system for the tower shall
be as follows:
so
The tower shall be gray or another neutral
color, acceptable to the Planning Department.
b. The tower shall not be lighted. (P)
At such time that the tower ceases to be used for
communications purposes for a period exceeding
twelve (12) consecutive months, the owner/developer
shall dismantle and remove the tower and all
associated equipment from the property. (P)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
028~0213
In Dale Magisterial District, C. W. WRIGHT CONSTRUCTION
COMPANY, INC. requests rezoning and amendment of zoning
district map from Residential (R-7) to General Industrial (I-
2) with Conditional Use Planned Development to permit
exceptions to Ordinance requirements. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for general industrial use. This
02- 382
05/22/02
request lies on 10.5 acres and is known as 11200 Iron Bridge
Road. Tax ID 773-656-4795 (Sheet 25).
Mr. Jacobson presented a summary of Case 02SN0213 and stated
that the Planning Commission and staff recommend approval
subject to conditions and acceptance of the proffered
conditions. He noted that the request conforms to the
Central Area Plan.
Mr. Oliver "Skitch" Rudy, 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. Miller, seconded by Mrs. Humphrey, the Board
approved Case 02SN0213 subject to the following condition:
In conjunction with the granting of
following exceptions shall be granted:
this request, the
ko
A fifteen (15) foot exception to the forty (40) foot
corner side yard parking and driveway setback
requirement along Landfill Drive;
Bo
A thirty (30) foot exception to the sixty (60) foot
corner setback requirement along Landfill Drive;
A 140 foot exception to the 200 foot setback requirement
from any R-District; and,
Do
An exception to the requirement that outside storage
areas be screened from adjacent property to the west and
Landfill Drive.
(Staff Note: This approval does not grant an exception to
screening requirements along the northern boundary or from
Route 10. If the outside storage area is reconfigured or
reconstructed, the outside storage area must be screened in
accordance with Ordinance requirements from the north and
Route 10.)
And, further,
conditions:
the Board accepted the following proffered
Direct access to Route 10 shall be limited to the one
existing entrance/exit, generally located towards the
northern property line. (T)
o
Prior to any final site plan approval, or within 60 days
of the rezoning, whichever occurs first, 100 feet of
right of way on the west side of Ironbridge Road (Route
10), measured from the centerline of that part of Route
10 immediately adjacent to the property shall be
dedicated free and unrestricted, to and for the benefit
of Chesterfield County. (T)
Prior to occupancy for any use requiring outside
storage, a plan depicting the following requirements
shall be submitted to the Planning Department for review
and approval if the outside storage area is confined to
the area shown on the Plan prepared by Downing Surveys,
Inc, dated January 30, 2002:
The existing chain link fence identified as Fence A
on the Plan and the gates identified as Gates A and
B on the Plan shall be replaced by opaque fences
and gates which shall be constructed with masonry
pillars having solid metal fencing between the
pillars compatible with the metal of the existing
building and shall be of a sufficient height to
02- 383
05/22/02
minimize the view of any outside storage from Route
10 and Landfill Drive.
Bo
Within the setback along Landfill Drive, between
any outside storage area and Landfill Drive,
landscaping shall be installed. Landscaping shall
consist of evergreen trees having an initial height
of five (5) feet at the time of planting. The
exact number and spacing shall be approved by the
Planning Department, provided that measures shall
be taken to preserve existing mature vegetation
within the setback, and the amount of landscaping
shall be sufficient such that at the time of
maturity, the landscaping will minimize the view of
outside storage areas from Route 10 and Landfill
Drive.
The approved improvements shall be completed within
six (6) months of occupancy of the site. (P)
Light Industrial (I-l) and General Industrial (I-2) uses
as set forth in the County Code shall be permitted on
the property, excluding the following uses:
(a)
(b)
(c)
(d)
(e)
(f)
Boat Sales and Services, Repair and Rental;
Tractor Trailer Service Stations;
Motor Vehicle Service Stations.
Rectifying and blending liquors.
Wine, brandy and brandy spirits manufacturing.
Tobacco products manufacturing. (P)
A thirty (30) foot setback shall be maintained along the
northern and western property lines. Within this
setback, trees having a caliper of three (3) inches or
greater shall be maintained except for those which are
dead, diseased or dying. (P)
o
Uses allowed on the property shall be designed and
operated so as not to generate noise levels above 65
dBa, as measured at the northern and western property
lines of the subject property. Prior to occupancy for
any use, information for that use shall be submitted to
the Planning Department for review and approval to
confirm compliance with this condition. (P)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02SN0215
In Midlothian Magisterial District, VOICESTREAM WIRELESS
requests Conditional Use and amendment of zoning district map
to permit a communications tower in an Agricultural (A)
District. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
office use. This request lies on 0.3 acre fronting
approximately 100 feet on the south line of Forest Hill
Avenue, approximately 450 feet east of Professional Road.
Tax ID 759-718-Part of 0843 and Part of 2444 (Sheet 3).
Mr. Jacobson presented a summary of Case 02SN0215 and stated
that the Planning Commission and staff recommend approval
subject to conditions. He noted that the request conforms to
the siting criteria for towers.
Ms. Ambre Blatter, representing the applicant, stated that
the recommendation is acceptable.
Mr. Miller called for the public hearing.
02- 384
05/22/02
No one came forward to speak to the request.
On motion of Mr. Barber, seconded by Mr. Warren, the Board
approved Case 02SN0215 subject to the following conditions:
Any communications tower shall be co-located on existing
utility structures. (P)
The tower and equipment shall be designed and installed
so as not to interfere with the Chesterfield County
Communications System. At the time of site plan review,
the owner/developer 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)
o
The developer shall be responsible for correcting any
frequency problems which affect the Chesterfield County
Communications System caused by this use. Such
corrections shall be made immediately upon notification
by the Chesterfield County Communications and
Electronics staff. (GS)
The 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.
b. The tower shall not be lighted. (P)
o
At such time that the tower ceases to be used for
communications purposes for a period exceeding twelve
(12) consecutive months, the owner/developer shall
dismantle and remove the tower and all associated
equipment from the property. (P)
Any building or mechanical equipment shall comply with
Section 19-603 of the Zoning Ordinance relative to
architectural treatment of building exteriors and
screening of mechanical equipment. (P)
(NOTE: Section 19-603 would require the screening of
mechanical equipment located on the building or ground
from adjacent properties and public rights of way.
Screening would not be required for the tower or tower-
mounted equipment.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02SN0220
In Bermuda Magisterial District, CHESTERFIELD COUNTY BOARD OF
SUPERVISORS requests rezoning and amendment of zoning
district map from Light Industrial (I-l) to Corporate Office
(0-2). A fire station is proposed, however, other 0-2 uses
would be permitted. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
commercial use. This request lies on 4.0 acres fronting
approximately 700 feet on the south line of Bermuda Hundred
Road and located within the northwest quadrant of the
02- 385
05/22/02
intersection of East Hundred Road and Route 1-295. Tax ID
820-651-6064 (Sheet 27).
Mr. Jacobson presented a summary of Case 02SN0220 and stated
that the Planning Commission and staff recommended approval.
Batallion Chief Mike Hatton, 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 Mrs. Humphrey, the Board
approved Case 02SN0220.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
After brief discussion relative to the number of citizens
present to speak to the remaining zoning cases and the public
hearings, Mr. Barber made a motion, seconded by Mr. Miller,
for the Board to suspend its rules to hear Item 17.,
Remaining Mobile Home Permits and Zoning Requests, prior to
Item 16., Public Hearings.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS
02SN0183
In Dale Magisterial District, DELISA WANDA CURTIS requests
Conditional Use and amendment of zoning district map to
permit a family day care home in a Residential (R-7)
District. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
residential use of 1.0 to 2.5 units per acre. This request
lies on 0.2 acre and is known as 8919 Leafycreek Drive. Tax
ID 775-668-7889 (Sheet 17).
Ms. Beverly Rogers presented a summary of Case 02SN0183 which
was deferred from the Board's March 13, 2002 public hearing
to allow time for the applicant to attempt to address
concerns that an adjacent property owner had regarding dogs
in the area and the safety of children at the facility. She
stated that the applicant submitted an amended proffered
condition, subsequent to the Commission's consideration of
the request, relative to fencing to be erected within the
rear yard and indicated that, because the proffered condition
was submitted subsequent to the advertisement of the case, it
would be necessary for the Board to suspend its rules to
consider acceptance of the amended proffered condition. She
stated that the Planning Commission and staff recommended
approval subject to conditions.
Ms. DeLisa Curtis stated that the
acceptable with the addition of the
condition.
recommendation is
amended proffered
Mr. Miller called for the public hearing.
Mr. Clyde Fleming, adjacent property owner, stated that the
applicant has already installed a fence between the two
properties, and indicated that he supports the request.
There being no one else to speak to the request, the public
hearing was closed.
02- 386
05/22/02
On motion of Mr. Miller, seconded by Mr. McHale, the Board
suspended its rules to allow for acceptance of the amended
proffered condition.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board
approved Case 02SN0183 subject to the following conditions:
This Conditional Use shall be granted to and for DeLisa
Wanda Curtis, exclusively, and shall not be transferable
nor run with the land. (P)
2. There shall be no exterior additions or alterations to
the existing structure to accommodate this use. (P)
3. There shall be no signs permitted to identify this use.
(p)
And, further, the Board accepted the following proffered
condition:
A minimum of a five (5) foot high solid board fence shall
be installed around the entire perimeter of the rear yard
within six (6) months of approval of this Conditional
Use, except that the portion of the fence located along
the northern property line shall be installed within (30)
days of the approval of this request. (P)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02SN0109
In Midlothian Magisterial District, TASCON GROUP, INC.
requests rezoning and amendment of zoning district map from
Agricultural (A) to Residential Multi-family (R-MF) with
Conditional Use Planned Development to permit exceptions to
Ordinance requirements. Residential use of up to 10 units
per acre is permitted in a Residential Multi-family (R-MF)
District. The Comprehensive Plan suggests the property is
appropriate for planned transition area. This request lies
on 34.5 acres fronting approximately 910 feet on the west
line of Le Gordon Drive, approximately 710 feet south of
Midlothian Turnpike, also lying at the eastern terminus of
Aldengate Road. Tax IDs 724-706-8093 and 725-707-2669
(Sheet 5).
Mr. Jacobson presented a summary of Case 02SN0109 and stated
that the developer has provided an east-west parallel road as
suggested in the Thorouqhfare Plan as well as an emergency
access. He further stated that staff recommends denial
because the proposed zoning and land use fail to provide
appropriate transition between the commercial development
located to the north along Midlothian Turnpike and future
development to be located south along North Woolridge Road;
the proposal fails to meet the development standards for this
type of development and does not address the impact on
schools according to county policy; and the applicant failed
to provide a second public access recommended by the Fire
Department. He stated that the Planning Commission
recommended approval and acceptance of the proffered
conditions, indicating that the use is consistent with the
Midlothian Plan; is a good transition to the single family
neighborhood; and addresses the Thorouqhfare Plan need for
the additional east-west road. He further stated that the
Planning Commission indicated that, given historic data
relative to similar types of dwellings, the proffered
conditions relative to impact on schools are adequate, and
also indicated that the emergency access is acceptable.
02- 387
05/22/02
When asked, Mr. Jacobson stated that there is no proffered
condition relative to the number of bedrooms in each of the
proposed dwelling units.
Discussion ensued relative to the issue of a second public
access into the development.
Firefighter Steve Hall stated that the Fire Department feels
the emergency access is not satisfactory, indicating that the
Zoning Ordinance requires the construction of a second public
access prior to the occupancy of more than 50 units. He
further stated that there have been problems with maintenance
of emergency accesses.
Mr. Miller expressed concerns that the Board has been
approving too many developments with an exception to the
requirement for a second public access.
Mr. John Easter, representing the applicant, stated that the
applicant has addressed the issues of area residents and has
agreed to provide a parallel road across the northern end of
the property in an attempt to keep traffic off of Midlothian
Turnpike. He further stated that the applicant has agreed to
provide an emergency access rather than a second public road
access at the request of Otterdale Subdivision residents who
expressed concerns about a public access into their
neighborhood. He stated that the residents in the
applicant's similar developments prefer the security of a
single access, and noted that the wetlands located on the
property restrict the construction of a second public access.
He further stated that the property is specified in the
Comprehensive Plan for four permissible uses, one of which is
medium density housing as proposed, and noted that the Plan
indicates it is a good idea to use higher density residential
to buffer the subdivisions in the area. He stated that the
proposed development will have an access road, a small wooded
buffer, a wet BMP, another road and perimeter landscaping
between the development and the shopping center, and
indicated that he feels the transition is adequate. He
further stated that full cash proffers have been offered in
all areas with the exception of ten percent for schools,
indicating that the dwelling units in the applicant's similar
developments have been purchased almost exclusively by ~empty
nesters"; therefore, the development would have no impact
upon area schools. He requested that the Board follow the
Planning Commission's recommendation and approve the request.
Mr. Miller called for the public hearing.
Mr. Edward Waters, a resident of Otterdale Subdivision,
stated that the applicant has addressed the concerns of the
neighborhood by agreeing not to provide an access from the
proposed development into Otterdale Subdivision. He
requested that the Board support the development, as
proposed.
Mr. Mike Brown inquired about the number of total dwelling
units proposed for the development.
Mr. Easter stated that a proffered condition limits the
maximum number of units to 116, although he anticipates only
108.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Barber stated that the developer has addressed the
concerns of Otterdale Subdivision residents and provided a
parallel road to alleviate traffic on Midlothian Turnpike at
the insistence of the Midlothian Village Citizens Coalition.
02- 388
05/22/02
He further stated that he feels the project will be a good
fit in the Midlothian Village and will also be pedestrian
friendly.
Mr. Barber then made a motion, seconded by Mr. McHale, for
the Board to approve Case 02SN0109 subject to one condition
and acceptance of the proffered conditions.
Mr. Miller stated that he will support the motion, although
he is concerned that the Board has continuously approved
cases when the Fire Department did not support the emergency
access proposed.
Mr. Miller called for a vote on the motion of Mr. Barber,
seconded by Mr. McHale, for the Board to approve Case
02SN0109 subject to the following condition:
The Textual Statement dated March
considered the Master Plan. (P)
27, 2002, shall be
Pmd, further,
conditions:
the Board accepted the following proffered
The property owners and applicant in this rezoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County,
for themselves and their successors or assigns, proffer that
the property under consideration will be developed according
to the following proffers if, and only if, the rezoning
request submitted herewith is granted with only those
conditions agreed to by the owners and applicant. In the
event this request is denied or approved with conditions not
agreed to by the owners and applicant, the proffers shall
immediately be null and void and of no further force or
effect.
Virqinia Condominium Act. Ail dwelling units on the
Property shall be condominiums as defined and regulated
by the Virginia Condominium Act, and all common areas
and improvements therein shall be maintained by a
condominium association. (P)
o
Cash Proffer. The applicant, subdivider, or assignee(s)
shall pay $4,591.00 per unit to the County of
Chesterfield, prior to the time of issuance of a
building permit, for each new dwelling unit for
infrastructure improvements within the service district
for the Property if paid prior to July 1, 2002. At the
time of payment, the $4,591.00 will be allocated pro-
rata among the facility costs as calculated annually by
the County Budget Department as follows: $356 for
schools, $805 for parks, $280 for library facilities,
$2,838 for roads and $312 for fire stations.
Thereafter, such payment shall be the amount approved by
the Board of Supervisors not to exceed $4,591.00 per
unit (prorated as set forth above) and shall be adjusted
upward by any increase 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. 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
be in addition to, any impact fees in a manner as
determined by the County. (B&M)
o
Recreation Area. Open space/recreation area shall be
provided as generally depicted on the Tascon Development
02- 389
05/22/02
o
o
o
o
o
10.
Master Plan, prepared by Joseph, Cox & Associates, Inc.,
last revised March 22, 2002 (~Master Plan"), including a
minimum of 0.70 acres in an area adjacent to the
entrance road to provide a "focal point" near the
entrance to the project. Part of the area shall be
"hardscaped" and have other amenities that accommodate
and facilitate gatherings. The exact design and
location shall be approved by the Planning Department at
the time of site plan review. The clubhouse building
and its related recreational amenities shall be
developed concurrent with the first phase of
development. (P)
Site Plan and Elevations. Development of the Property
shall be in substantial conformance with the
architectural appearance shown on the elevations
attached hereto as Exhibits ~A" and ~B" with respect to
the materials depicted, which are brick or stone veneer,
composition, hardiplank or vinyl siding, and 20-year
asphalt roof shingles. Development of the Property
shall generally conform to the Master Plan with respect
to the general location of the clubhouse building, open
spaces, the orientation of buildings such that the
number of garage doors opening to any individual street
are minimized, and the clustering of buildings. The
location of roads, access, driveways and parking areas
need not be exactly as shown on the Master Plan;
however, the concepts of the Plan shall be generally
adhered to such as the orientation of dwelling units to
one another, to open spaces, and to rights of way. (P)
Public Utilities. The public water and waste water
systems shall be used. (U)
Restriction on Children's Play Facilities. The common
area recreational amenities shall not include playground
equipment, play fields or other facilities primarily
associated with children's play. Adult facilities
including, but not limited to, swimming pools, putting
greens, shuffleboard, tennis courts, picnic and barbecue
areas and gardens shall be permitted. (P)
Density. There shall be no more than one hundred
sixteen (116) units developed on the Property. (P)
Concrete Curb and Gutter. Concrete curb and gutter
shall be installed along the main driveways and cul-de-
sacs which provide access to driveways and parking areas
serving residences. (EE)
Sidewalks and Pedestrian Trails. Sidewalks shall be
provided along all interior streets and along the
entrance road to the Special Access Street generally as
shown on the Master Plan. Subject to obtaining
necessary permits, a pedestrian trail with a footbridge,
if necessary, shall be provided through the wetlands
area with connections to the adjacent major interior
streets. The treatment and location of these sidewalks
and the pedestrian trail shall be approved by the
Planning Department at the time of site plan review.
(p)
Street Trees. Street trees shall be installed along
each side of the interior roads and common driveways to
include entrance roads from public roads into the
development. If existing trees are maintained, they may
be counted toward this requirement. The exact location,
spacing, size and species of plantings shall be approved
by the Planning Department prior to final site plan
approval. (P)
02- 390
05/22/02
11.
12.
LandscaDinq. Landscaping shall be provided around the
perimeter of all buildings, between buildings and
driveways, within medians, and within common areas not
occupied by recreational facilities or other structures.
Landscaping shall comply with the requirements of the
Zoning Ordinance Sections 19-516 through 19-518(f).
Landscaping shall be designed to: minimize the
predominance of building mass and paved areas; define
private spaces; and enhance the residential character of
the development. The Planning Department, at the time
of site plan review, shall approve the landscaping plan
with respect to the exact numbers, spacing, arrangement
and species of plantings. (P)
Transportation.
Right of Way Dedication at Le Gordon Drive. Prior
to final site plan approval, thirty (30) feet of
right-of-way on the west side of Le Gordon Drive,
measured from the centerline of that part of Le
Gordon Drive immediately adjacent to the Property,
shall be dedicated, free and unrestricted, to and
for the benefit of Chesterfield County.
Access to Roads. Direct access from the Property
to the Special Access Street shall be limited to
one (1) entrance/exit each and shall be located
generally as shown on the Master Plan. The exact
location of this access shall be approved by the
Chesterfield Department of Transportation (CDOT).
No direct access shall be provided from the
Property to Le Gordon Drive, except by way of the
Special Access Street; however, at time of site
plan approval, this provision may be modified, with
the approval of CDOT, to permit no more than one
(1) additional access from the PropertY to Le
Gordon Drive. No direct access shall be provided
from the Property to or from Aldengate Road except
for an emergency access as generally shown on the
Master Plan. The location and design of this
emergency access shall be reviewed and approved by
the Fire Department in conjunction with site plan
approval. Maintenance of this emergency access
shall be the responsibility of the condominium
association.
C ·
Road Improvements. The Developer shall provide
dedication and road improvements for:
i)
the Special Access Street from Le Gordon Drive
to the western Property line, as generally
shown on the Master Plan as ~Special Access
Road" as follows:
a)
prior to final site plan approval,
dedication to Chesterfield County, free
and unrestricted, of a fifty (50) foot
wide right-of-way, the exact location of
which shall be approved by CDOT;
b)
prior to the issuance of the first
certificate of occupancy, construction of
a twenty-four (24) foot wide pavement with
a typical section meeting VDOT standards
for an urban collector street (40 m.p.h.),
subject to any modifications thereto
sought by the Developer and approved by
CDOT; and
c)
dedication to Chesterfield County of any
additional right-of-way (or easements)
02- 391
05/22/02
required for the improvements identified
above;
(ii) unless otherwise requested by the Developer
and approved by CDOT, construction of
additional pavement along Le Gordon Drive at
the Special Access Street intersection to
provide a right turn lane not to exceed a one
hundred (100) foot full width turn lane and a
one hundred (100) foot taper; provided that
such construction shall not require the
Developer to relocate any utility poles. (T)
13.
Landscaping on Northern Perimeter. Between the right of
way of the Special Access Road and any driveway, parking
or buildings, landscaping shall be installed at one and
five-tenths times the density of Perimeter Landscaping C
requirements of the Zoning Ordinance. (P)
14.
Ponds as Amenities. If a retention pond or any water
quality pond is provided, it shall be designed as a wet
pond and amenity. The exact design and treatment shall
be approved at the time of site plan review. (EE)
15.
Timbering. Except for timbering approved by the
Virginia 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. (EE)
16.
Retention. The development must retain the 10-year,
post-development runoff and release it at a 10-year pre-
development rate. (EE)
17.
Building Pad Elevation. Ail building pads must be
elevated to provide at least a 1% fall to the nearest
drainage conveyance system or wetlands. (EE)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
028N0131
In Midlothian Magisterial District, RVG DEVELOPMENT COMPANY
requests rezoning and amendment of zoning district map from
Residential (R-40) to Residential (R-25) with Conditional Use
Planned Development to permit use and exceptions to Zoning
Ordinance requirements on 735.1 acres, plus proffered
conditions on 6.8 acres zoned Residential (R-40). The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for low density
residential use of one (1) dwelling unit per acre or less.
This request lies on a total of 741.9 acres fronting
approximately 2,650 feet on the north line and 700 feet on
the south line of Robious Road, approximately 1,900 feet east
of James River Road. Tax IDs 729-721-5284; 731-722-2210;
731-724-9333; 732-728-7405 and 9501; and 734-723-3974
(Sheets 1 and 2).
Ms. Rogers presented a summary of Case 02SN0131 and stated
that a proffered condition has been submitted to provide for
traffic calming devices along the proposed collector road to
discourage traffic between the development and the Riverton
Subdivision. She reviewed the number, size and type of units
and amenities proffered for each. tract within the proposed
development. She stated that amendments to the proffered
conditions that address phasing of the development were
02- 392
05/22/02
submitted today and indicated that it would be necessary for
the Board to suspend its rules to allow for consideration of
the modified proffered conditions. She further stated that
the modified proffered conditions reduce the number of lots
that can be recorded prior to 2003 and each year thereafter,
and also restricts the number of non-cluster lots that can be
recorded each year. She stated that the amendment to
Proffered Condition 15 provides that access would only be
allowed to serve the western part of the neighboring "Slaw
property's and not the part of the property that fronts along
01d Gun Road, and indicated that the Slaw family has
indicated that the amended proffered condition is acceptable.
She further stated that proffered conditions also address
drainage and erosion issues; limitations on road connections
to the east; and road improvements along Robious Road and
Riverton Ridge Drive. She stated that the applicants have
offered a cash proffer of a total of $950,000 to accommodate
improvements toward the widening of Robious Road. She
further stated that staff has recommended approval of the
request subject to the applicant addressing concerns relative
to garage door orientation and construction traffic
prohibition through Riverton Subdivision. She noted that the
request generally conforms to the Old Gun/Robious Area Plan
which designates the property for one unit per acre or less.
She stated that the density of the proposed development is .9
units per acre. She further stated that, although the garage
door orientation does not conform to some of the design
standards of similar cluster projects that have been
approved, there has been deviation recently by the Planning
Commission and the Board from that standard requirement. She
stated that there has been a prohibition offered that the
developers have indicated that there would be no construction
traffic through the Riverton Subdivision, but indicated that
that would be difficult for staff to enforce. She further
stated that the Planning Commission recommends approval
subject to one condition and acceptance of 22 proffered
conditions, indicating that the proposal complies with the
Comprehensive Plan and provides for development that would be
superior to that which could be developed under the existing
R-40 zoning. She reminded that Board it would be necessary
to suspend its rules to allow for consideration of the
amended proffered conditions.
When asked, Ms. Rogers stated that the developer has not
requested an exception to the requirement for a second public
access.
Mr. Warren expressed concerns relative to the impact of the
proposed development upon schools and the transportation
network.
Ms. Rogers stated that the Comprehensive Plan designates one
unit per acre or less on the subject property, and indicated
that the proposal is for .9 units per acre. She further
stated that the property is currently zoned R-40 and could be
developed for 40,000 square foot lots which would generate
approximately .98 units to the acre. She stated that, based
upon the current methodology used by staff, it has been
determined that there would be no net increase in the impact
on capital facilities by the proposed development beyond what
is currently allowed with the R-40 zoning.
Discussion ensued relative to the number' of trips per day and
the number of additional school children that would be
generated by the proposed development.
02- 393
05/22/02
When asked, Ms. Rogers stated that the density of the
proposed development is less than what is already permitted
under the R-40 zoning. She further stated that the R-40
rezoning occurred in the 1960's prior to staff assessing the
impact on schools and transportation.
When asked, Ms. Rogers stated that, under staff's
methodology, the current R-40 zoning would yield
approximately 740 units, and the proposed development would
yield 725 units.
Discussion ensued relative to the capacities of the various
schools in the vicinity of the proposed development.
When asked, Ms. Rogers stated that the applicant has
proffered a total of $950,000 for road improvements. She
further stated that, if an applicant were to file a
subdivision plat to develop the property under R-40 zoning,
the only road improvements the county could acquire would be
frontage improvements to accommodate turn lanes into the
development.
Mr. Warren noted that the School System may have to do some
redistricting due to overcrowding and indicated that it is
likely the capacity for the schools in the vicinity of the
proposed development will change after the redistricting
occurs.
Ms. Cynthia Owens-Bailey, Director of Planning for
Chesterfield County Public Schools, came forward to provide
information relative to school enrollment and the potential
of the proposed development for impact upon the schools. She
stated that the proposed development is located in a maturing
community and as the students move into the middle and high
school grades, within the next two to three years, the number
of middle school students will decrease. She further stated
that there has been a decline in the number of elementary
school students in this area.
When asked, Ms. Owens-Bailey stated that she does not feel
the proposed development would have a greater impact upon the
schools than a development under existing zoning.
Mr. Warren expressed concerns that 40,000 lots have already
been zoned in the county that will have an impact on the
school system.
When asked, Ms. Owens-Bailey stated
population is currently projected to
students in the fall of 2002.
that the school
increase by 1,000
Mrs. Humphrey noted that many of the 40,000 lots that have
been zoned are not buildable.
Ms. Owens-Bailey stated that, when school population
projections are made, staff attempts to anticipate not only
the impact of the current project, but also any future
developments, as well as the timetable of how developments
could yield additional students over the next several years.
Mr. William Shewmake, representing the applicant, stated that
many years ago, the plan for this area called for 1.5 units
per acre, but was amended by the Board to reduce the density
to one unit per acre. He further stated that the applicant
is a premiere developer, and indicated that he feels the
proposed development represents a substantial improvement
over what an R-40 development would yield because it is
carefully thought out and includes millions of dollars in
02- 394
05/22/02
infrastructure. He stated that the majority of the
neighborhood associations, including Riverton, Powderham,
Robious Forest, Brookstone, Old Gun Association and the
American Legion Post, have written letters indicating that
either they do not oppose the request or they actively
support the request. He further stated that the applicant
has proffered conditions that will maintain the rural feel
and the aesthetic value of the corridor. He stated that the
applicant has proffered a minimum of 150 acres of open space
and 2,600-3,500 minimum square footage single-family
dwellings, up to 300 of which will be targeted for "empty
nesters." He further stated that 70-75 of the units will be
age restricted to guarantee that there will be no children,
and thus no impact upon the schools. He stated that the
county would receive no compensation for road impacts if the
property were developed under R-40 zoning. He further stated
that the applicant has dedicated $450,000 in cash proffers
for the widening of Robious Road and, although the proposed
density is not greater than the county would allow, has also
proffered $7,800 on the first 60 homes. He noted that
historical data indicates that "empty nesters" generate less
trips per day and usually not during peak times. He stated
that the proposed development is designed with amenities,
such as recreational facilities and a convenience store, that
will meet the needs of the residents and capture the traffic
within the development. He further stated that, by
guaranteeing 150 acres of open space, the proposal will
preserve and protect environmentally sensitive slopes and
areas, as well as result in less impervious surface than the
current zoning. He stated that the request represents in-
fill development in an aging area and, although it will not
have any more of an impact on schools than the existing
zoning, the applicant has offered $180,000 in school proffers
on the first 60 homes. He further stated that the applicant
has proffered a phasing plan which will also provide less of
an impact on the schools, and has even reduced the cumulative
total of lots that can recorded by specified dates at the
request of Mr. Barber and others. He stated that the
proposal is aesthetically pleasing; conforms to the
Comprehensive Plan; and meets a need of the county's aging
population. He stated that the applicant has addressed
neighborhood concerns relative to additional traffic upon the
river by limiting the number of members at the boat club to
100. He further stated that, because of concerns expressed
by the Old Gun Civic Association, the applicant has amended
Proffered Condition 15 to guarantee that there would be no
access to Old Gun Road, and requested 'that the Board accept
the amended proffered condition.
Mr. Barber stated that the amended proffered condition will
ensure access to the "Slaw property," to address concerns of
the property owner's daughter.
Mr. Miller called for the public hearing.
Mr. Bob Olsen, representing the Powderham Neighborhood
Association, stated that the association supports the request
because the proposed development represents an improvement
over what could be developed under the current R-40 zoning;
will provide 150 acres of open land; and conforms to the
Comprehensive Plan for the area.
Ms. Sonya Corsini expressed concerned relative to
overcrowding of cluster homes. She stated that the schools
in the area of the proposed development already utilize
02- 395
05/22/02
trailers in lieu of classroom space, and also expressed
concerns that the proposed development could adversely affect
property values in the vicinity.
Mr. Jim Corsini, adjacent landowner, expressed concerns that
the floodplain area of the subject property is not
developable. He encouraged the Board not to rush its
decision to change the zoning based on cash proffers and also
questioned the use of the proposed cash proffers.
Mr. Torry Hoover, member of the Robious Corridor Against
Overcrowding, expressed concerns that neither the Planning
Commission nor the developer has produced any data to support
their claim that the proposed development is better than what
could be developed under R-40 zoning. He stated that the
Robious Corridor group is very concerned about the density of
the proposed development. He recognized approximately 75
people present at the meeting who oppose the request.
Ms. Beverly Titus, a resident of James River West and member
of the Robious Corridor Against Overcrowding, stated that
because of varied topography as well as land that falls under
the Resource Protection Area requirements, she feels the
subject property can only support 535 homes with the present
R-40 zoning. She expressed concerns that the proposed
development would provide cluster homes on small lots to
achieve the proposed number of 725 homes, and that the
cluster homes would not necessarily be purchased by "empty
nesters.~' She stated that the proposed development would
result in 200 more homes; significant increases in traffic;
and at least 100 more children in already overcrowded
schools. She further stated that the proposed development is
not compatible with the surrounding Robious Corridor
community and requested that the Board deny the request.
Mr. Mark Lee, a resident of River Hills Drive and an analyst
at the Defense Logistics Agency, stated that he does not
question Planning staff's density numbers, but feels the
process staff used to determine density is flawed. He
provided details of four alternatives that he explored to
determine an appropriate build-out for the subject property,
and stated that he feels 535 homes should be used as the
basis to evaluate the impact of the current zoning versus the
requested rezoning. He expressed concerns that staff's
methodology is an ineffective tool to evaluate a rezoning
request against what the current zoning could support, and
requested that the Board deny the request.
Ms. Charlotte Shaffer, Second Vice President of the Salisbury
Homeowners Association and member of the Robious Corridor
Against Overcrowding, stated that Salisbury does not support
the proposed request. She expressed concerns relative to the
negative impact that increased traffic and congestion from
the proposed development will generate. She stated that
there are no studies to justify the number of trips per day
based on the age of residents. She further stated that
reduced zoning would directly affect the quality of life of
Salisbury residents. She referenced the proposed growth
summit scheduled for June 7, 2002, and requested that the
Board either deny the request or defer its decision until
such time as studies of the specific impact of the proposed
rezoning on the community can be completed~
02- 396
05/22/02
Mr. Hal Storke, representing the Salisbury Homeowners
Association, stated that Salisbury supported the 1993
Riverton zoning request based upon representations that it
would not be used as a precedent to support any rezoning
requests for the undeveloped property along the Robious
Corridor. He requested that the Board honor the promises
made to the residents in 1993 and deny the proposed request
or at least defer a decision until studies can be conducted
on the specific impact on the community of rezoning the
subject property.
Ms. Lee Rose, a resident of Bellona Arsenal, stated that two
large nests are located on the riverfront of the subject
property that could possibly be active eagles' nests. She
further stated that she and other neighbors have spotted
adult eagles in the area several times recently. She
expressed concerns relative to the tremendous environmental
impact that the proposed development will have on the
wildlife on the property as well as the river. She stated
that she feels R-40 zoning is appropriate for the property
because it limits the number of buildable home sites and does
not allow the construction of a power boat ramp, boat storage
or a private restaurant on the riverfront. She expressed
concerns relative to the impact of the proposed development
on water quality and requested that the Board deny the
request.
Ms. Georgianne Ginder, member of the Old Gun Road Civic
Association, stated that residents have been promised that a
road will not be cut through the proposed development to Old
Gun Road, and expressed concerns relative to that promise
being honored in the future.
Mr. Bill Girone, a resident of Riverton, stated that he does
not support the proposed development. He expressed concerns
relative to the uncertainty of the impact of the proposal on
schools. He stated that Founders Bridge and River Downs
Subdivisions will add an additional 618 homes when completed
and noted that staff did not calculate this into the impact
of the proposed development upon the school community. He
further stated that staff is using a misrepresented number of
.51 school age children per household to determine the impact
of new development upon schools, indicating that Riverton has
1.5 school age children per household. He requested that the
Board deny the rezoning request or defer it until such time
as studies that will accurately measure its impact on the
community have been conducted.
Mr. Brad Jacob, a resident of Salisbury, stated that he does
not support the proposed development. He expressed concerns
relative to the uncertainty of the density that could be
acquired with R-40 zoning, and stated that he feels staff
should not speculate at the expense of area residents. He
also expressed concerns relative to the flawed methodology
used by staff to determine both density and school impact
statistics and stated that residents and children will suffer
because of incorrect statistics. He referenced the Schools'
six-year plan that projects a decline in the number of
students in the area of the proposed development over the
next decade, and questioned how there could be a decline in
students with the addition of 1,300 new homes. He expressed
concerns that there is no data to support the proposition
02- 397
05/22/02
that "empty nesters" will make less trips per day than single
family homes, and urged the Board to deny the request.
Mr. Thomas Hickey, a Midlothian resident, requested that the
Board deny the rezoning request. He stated that ten years
ago, the density of the subject property was 460 homes and
indicated that he does not know how that figure increased.
He expressed concerns relative to the environmental impact of
the proposed development on the river. He suggested that the
beautiful site be purchased by the county for use as a park
for walking, hiking and other recreational uses.
Mr. Mike Brown, President of the Riverton Civic Association,
expressed appreciation to the Planning Commission for working
with the developer to proffer conditions that will result in
an improved development. He stated that Riverton supports
the request and feels it will be a quality development. He
further stated that Riverton still has concerns relative to
traffic and safety issues, and hopes that staff and the
developer will work with Riverton residents towards
minimizing the proposed development's impact on the
community.
Ms. Annie Satterfield, a member of the Salisbury Homeowners
Association, stated that she feels the price of the subject
property is too excessive for a developer to meet the number
of buildable lots with R-40 zoning. She further stated that
she feels it is inappropriate for the county to rezone
properties for economic viability, and suggested that the
land should remain as it is until the landowner lowers the
price and it can be developed as R-40.
Dr. Earl Ellis, representing the Old Gun Road Civic
Association, stated that the majority of association supports
the proposed development. He further stated that the
association is primarily concerned that the development
maintain the property values and beauty of its surrounding
neighborhoods and that it does not connect with Old Gun Road.
He stated that, although the density of the proposal is
higher than some may desire, the developer has a good
reputation and has given serious consideration to and acted
upon numerous community requests with respect to the proposed
development.
Mr. Will Chick, a Riverton resident, stated that he
understood Riverton did not vote in favor of the proposal,
but voted not to oppose it. He recommended that the Board
defer the case for 60 days until some of the questions raised
can be answered.
Ms. Virginia Hickey, past president of Old Gun Road
Association in 1993, stated that Dr. Ellis does not speak for
all members of the association. She further stated that the
citizens were promised in 1993 that the Riverton rezoning
would not set a precedent for similar densities in the
Robious Corridor, and urged the Board to remain firm in its
commitment and deny the rezoning request.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Shewmake stated that the subject property is extremely
valuable and therefore will be developed to its fullest
02- 398
05/22/02
possible extent. He further stated that a developer could
easily accrue 650 to 700 lots from the subject property using
R-40 zoning. He stated that the proposed development will
have a lesser impact on schools than R-40 zoning because of
the age-restricted homes as well as cluster homes marketable
for active adults. He further stated that both Mr. Barber
and Mr. Miller indicated in 1993 that they did not want to
see future development on the Robious Corridor above one unit
per acre, and indicated that the density of the proposal is
consistent with promises made during the Riverton rezoning
case. He stated that the proposal represents appropriate
infill development that is consistent with the Comprehensive
Plan and contains amenities that will retain the value of the
area. He further stated that, at Mr. Dan Gecker's
(Midlothian District Planning Commissioner) request, the
$7,800 proffered condition for the first 60 lots will be used
entirely for the improvement of Robious Road. He stated that
both staff and the Planning Commission have recommended
approval and requested that the Board support the request.
Mrs. Humphrey expressed concerns relative to preservation of
the bald eagle habitat.
When asked, Mr. Shewmake stated that the applicant has not
been notified by the Department of Game and Inland Fisheries
that an endangered species' habitat is located on the subject
property, and the attorney representing the property owner is
not aware of any such notice to the property owner.
Mr. Barber stated that he is very familiar with and sensitive
to the surrounding area of the subject property. He further
stated that a "Corridor Committee" met for approximately
seven months negotiating details of the case until they
finally recommended approval of the case. He stated that 80
percent of the citizens present at the Riverton Association
meeting voted in favor of the case, but were asked to
consider wording their support as "not to oppose" because
they had neighbors who were not happy about the end result.
He further stated that he met on two occasions with members
of the Robious Corridor Against Overcrowding in an attempt to
resolve their issues. He stated that, in his best
estimation, the subject property could already be developed
with 670 to 680 lots under the current R-40 zoning. He
further stated that, according to a study done at a
Chesterfield "empty nester" development, the residents
account for approximately 3.3 trips per day, and a national
study indicated that the effect of senior housing was .22
trips per residence per day; therefore, he is comfortable
that 150 of the proposed units will have no more than 3.3
trips per day as opposed to ten trips per day. He noted that
the amenities included in the proposed development will also
reduce the number of trips per day to internal trips.
When asked, Mr. McCracken stated that 680 single family
dwelling units would generate approximately 6,000 vehicles
per day, and a development with 425 single family units and
300 owner-occupied townhouses would generate approximately
5,500 vehicles per day.
Mr. Barber noted that townhouse condominium developments
represented the closest data that Mr. McCracken could apply
to "empty nester" developments, and indicated that the
condominiums generate approximately six trips per day. He
02- 399
05/22/02
stated that the data suggests that the proposed development
represents a lighter impact on traffic than a development
under R-40 zoning. He further stated that the "empty nester"
product has been very successful in not attracting school
aged children. He stated that school demographics indicate
that the population in the vicinity of the proposed
development is aging and the number of children and
enrollment is decreasing. He further stated that the
proposed development is environmentally sensitive with open
space that will provide natural filtering. He stated that a
commitment was made to the community in 1993 that another
rezoning would not be entertained until the Comprehensive
Plan was adjusted, and indicated that this was done very
quickly to assure a one unit per acre density. He further
stated that he feels the proposed development represents an
improvement over what could be developed under the existing
R-40 zoning.
Mr. Barber then made a motion for the Board to approve Case
02SN0131.
Mrs. Humphrey seconded the motion.
Mr. Barber stated that he would also like to consider the
amended proffered conditions relative to phasing and
extension of a stub road to Old Gun Road.
Mr. Barber then made a substitute motion for the Board to
suspend its rules to allow for consideration of the amended
proffered conditions.
Mr. McHale seconded the substitute motion.
Mr. Miller called for a vote on the substitute motion of Mr.
Barber, seconded by Mr. McHale, for the Board to suspend its
rules to allow for consideration of the amended proffered
conditions.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. Barber stated that the applicant has agreed to reduce the
number of lots than can be recorded by specified dates in an
effort to reduce the impact of the proposed development upon
schools. He further stated that the amended Proffered
Condition 15 would allow access to the Slaw tract through the
applicant's property without accessing Old Gun Road. He
stated that the applicant has also agreed to reduce the
number of members of the boat club from 100 to 50.
Mr. Barber then restated his earlier motion for the Board to
approve Case 02SN0131 subject to one condition and the
acceptance of the proffered conditions, including the amended
proffered conditions as outlined in the addendum and the
condition relative to the number of members allowed to access
the river.
Mrs. Humphrey seconded the motion.
Mr. Warren stated that he will not support the motion because
a number of unanswered questions have been raised.
02- 400
05/22/02
Mrs. Humphrey stated that she supports the proposed
development because of the improvements that will be provided
to Robious Road at the developer's expense and the well-
defined phasing schedule. She expressed concerns relative to
the necessity of determining whether a bald eagle's habitat
actually exists on the riverfront property. She stated that
she feels the proposed development represents an improvement
over what could be developed under R-40 zoning.
Mr. McHale stated that he supports the proposal, indicating
that he feels it represents an improvement over a development
under the current zoning. He further stated that, although
the preciseness of the planning factors used by staff is not
known, the tools and methodology must be applied consistently
and predictably in the decision making process.
Mr. Miller stated that he will support the proposal because
it conforms to the Comprehensive Plan; has been recommended
for approval by staff as well as the Planning Commission; and
will not demonstrably impact schools and roads over and above
R-40 zoning.
Mr. Miller called for a vote on the motion of Mr. Barber,
seconded by Mrs. Humphrey for the Board to approve Case
02SN0131 subject to the following conditions:
The Textual Statement signed 3/22/02 and amended on
April 16, 2002, and all exhibits shall be considered the
Master Plan. (P)
o
Use of any boat ramp in Parcel 1 shall be limited to a
private membership club and their guests. Further, such
club membership shall be limited to fifty (50) persons
who own property in the development. Further, access to
the boat ramp shall be controlled by a mechanism such as
a gate, barrier or other device that is designed to
limit access to those authorized to use the boat ramp.
(NOTE: This condition supersedes Textual Statement
B.11.d.)
And, further, the Board accepted the following proffered
conditions:
The property owners and applicant in this rezoning case, for
themselves and their successors or assigns, proffer that the
development of the property under consideration shall be in
accordance with the following proffers if, and only if, the
rezoning request submitted herewith is granted with only
those conditions agreed to by the owners and applicant. In
the event this request is denied or approved with conditions
not agreed to by the owners and applicant, the proffers shall
immediately be null and void and of no further force and
effect.
The overall number of residential units shall not exceed
725. (p)
o
Residential development on the property shall be phased
as follows:
No more than a cumulative total of 115 lots shall
be recorded prior to January 1, 2003. Provided
further, no more than a cumulative total of 75 of
those lots shall be recorded in Parcels other than
Parcels A or A-1.
02-
05/22/02
o
No more than a cumulative total of 195 lots shall
be recorded prior to January 1, 2004. Provided
further, no more than a cumulative total of 155 of
those lots shall be recorded in Parcels other than
Parcels A or A-1.
C o
No more than a cumulative total of 275 lots shall
be recorded prior to January 1, 2005. Provided
further, no more than a cumulative total of 235 of
those lots shall be recorded in Parcels other than
Parcels A or A-1.
do
No more than a cumulative total of 355 lots shall
be recorded prior to January 1, 2006. Provided
further, no more than a cumulative total of 315 of
those lots shall be recorded in Parcels other than
Parcels A or A-1. (P)
There shall be no residential lot located in Parcel J.
(p)
Open Space. A minimum of one hundred fifty (150) acres
shall be provided within the development for common open
space use. (P)
Recreational Facilities. Any recreational facilities
shall be subject to the following restrictions:
a o
Except in Parcel I where public address systems are
prohibited, outside public address systems or
speakers shall not be used between the hours of
11:00 p.m. and 8:00 a.m., and can be used only in
conjunction with a pool.
With the exception of playground areas which
accommodate swings, jungle gyms, or similar such
facilities, all outdoor play fields, courts,
swimming pools and similar active recreational
areas shall be located a minimum of one hundred
(100) feet from any proposed or existing single
family residential lot line and a minimum of fifty
(50) feet from any existing or proposed public
road.
C o
Within the one hundred (100) foot and fifty (50)
foot setbacks, a fifty (50) foot buffer shall be
provided along the perimeter of all active
recreational facilities except where adjacent to
any existing or proposed roads. This buffer shall
conform to the requirements of the Zoning Ordinance
for fifty (50) foot buffers.
do
e o
Any playground areas (i.e., areas accommodating
swings, jungle gyms or similar such facilities)
shall be located a minimum of forty (40) feet from
all property lines. A forty (40) foot buffer shall
be provided along the perimeter of these
recreational facilities except where adjacent to
any existing or proposed roads. This buffer shall
conform to the requirements of the Zoning Ordinance
for fifty (50) foot buffers.
Nothing herein shall prevent development of indoor
facilities and/or parking within the one hundred
(100) foot setback.
f o
Exterior lighting for recreational uses shall
comply with Section 19-573 of the Zoning Ordinance,
and the maximum height for light posts shall not
exceed twenty (20) feet.
02- 402
05/22/02
o
o
o
10.
11.
12.
13.
The location of all active recreational uses shall
be identified in conjunction with the submittal of
the first tentative subdivision plan.
ho
In conjunction with the recordation of any lot
adjacent to active recreational area(s), such
area(s) shall be identified on the record plat
along with the proposed recreational uses and
required conditions. (P)
An Overall Water and Wastewater Systems Plan for this
development, accompanied by a Utilities Infrastructure
Phasing Plan, shall be submitted to the Department of
Utilities at least thirty (30) days prior to the
submission of the first tentative subdivision, site, or
construction plan for this development. Should
variations in line sizing and/or location of lines later
be considered which are deemed "significant" changes by
the Department of Utilities, these Plans shall be
revised and submitted for re-approval prior to the
approval of any additional tentative subdivision, site,
or construction plans for this development. (U)
The public water and wastewater systems shall be used.
(u)
At the time of tentative or site plan submission, a plan
shall be submitted to Environmental Engineering for
approval to minimize the disturbance of slopes for roads
and sewer lines at elevations between 275 and 350 feet.
(EE)
In conjunction with site or subdivision construction
plans for any area which drains to Riverton Subdivision,
the drainage structures in the Riverton Subdivision
shall be analyzed for their adequacy to accommodate the
runoff. The analysis shall be submitted to
Environmental Engineering for approval. If the analysis
reveals that the structures are inadequate, measures
such as, but not limited to, on-site retention or
redirecting the flow shall be employed, as approved by
Environmental Engineering. (EE)
There shall be no timbering on the property until a Land
Disturbance Permit has been obtained from Environmental
Engineering and the approved devices have been
installed. Further, prior to tentative or site plan
submission, there shall be no timbering on slopes at
elevations between 275 and 350 feet, except for hauling
roads and utilities, and any land disturbance plan for
such hauling roads and utilities shall be submitted to
Environmental Engineering for approval to minimize the
disturbance of slopes at elevations between 275 and 350
feet. (EE)
Any open basins required for water quantity or quality
control shall be designed as wet ponds and shall be
landscaped or otherwise improved so that the facilities
become visual enhancements to, and amenities for, the
uses developed on the Property. At the time of
tentative subdivision or site plan submission, a plan
depicting these requirements shall be submitted for
review and approval. (EE)
Direct access from the property to Robious Road shall be
limited to no more than two (2) public roads (the ~Site
Road(s)"). The exact location of these accesses shall
be approved by the Transportation Department. (T)
To provide for an adequate roadway system at the time of
complete development, the developer shall be responsible
for the following:
02- 403
05/22/02
14.
15.
16.
so
Construction of additional pavement along Robious
Road at the Site Road(s) intersection(s) to provide
left and right turn lanes;
bo
Construction of additional pavement along the Site
Road(s) at its or their intersection(s) with
Robious Road to provide a three (3) lane typical
section (i.e., one (1) entering (northbound) lane
and two (2) existing (southbound) lanes);
If necessary, relocation of the ditch to provide an
adequate shoulder along the north side of Robious
Road for the entire property footage;
do
Full cost for installation of traffic signals at
the Site Road(s)/Robious Road intersections, if
warranted as determined by the Transportation
Department; and
so
Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. (T)
Prior to any construction plan approval or any site plan
approval, whichever occurs first, a phasing plan for the
required road improvements, as identified in Proffered
Condition 13 above, shall be submitted to and approved
by the Transportation Department. (T)
There shall be no road connection between the subject
property and Tax IDs 737-725-8140, 736-722-5574, 737-
728-0876 and 737-727-2907. Provided, further, no road
shall transverse the eastern property line of the
subject property and no stub road shall be permitted to
any property east of the subject property. At time of
tentative subdivision review, this condition may be
modified to allow a stub road right-of-way to serve only
that portion of Tax ID 735-721-2025 that is west of the
gas pipeline and provided that said stub road is not
used to serve any other property and is not extended to
intersect with Old Gun Road. (P)
Within thirty (30) days from a written request by the
Transportation Department, but no earlier than March 1,
2005, or one (1) year after the first subdivision plat
is recorded for the subject property, whichever occurs
later, the developer shall provide a payment in the
amount of $450,000 to the County towards the widening of
Robious Road from Salisbury Road to James River Road.
The payment shall be used for the widening of Robious
Road from Salisbury Road up to James River Road, and the
widening shall extend as far west from Salisbury Road as
the payment will allow. If the County has not awarded a
contract for the aforesaid widening within twenty-four
(24) months of receiving payment, then the County shall
return the payment within thirty (30) days of the
developer's written demand to return the payment.
Further, if the contract is not awarded within the
aforesaid twenty-four (24) month period, this proffer
shall be void and the County relinquishes any right to
the $450,000 payment. In addition, if the County fails
to award a contract for the aforesaid widening by March
1, 2014, or eleven (11) years after the first
subdivision plat is recorded for the subject property,
whichever occurs later, the County shall return the
payment to the developer within thirty (30) days
thereafter and this proffer shall be void and the County
relinquishes any right to the $450,000 payment. (T)
02- 40~
05/22/O2
17.
To the extent permitted by the Transportation Department
and VDOT, the road system of the development shall be
built generally consistent with, and as generally
reflected on, Exhibit 1. (T)
18.
To the extent permitted by the Transportation Department
and VDOT, the following requirements shall be met:
so
In conjunction with the construction of Riverton
Ridge Drive Extended, a traffic island/circle shall
be provided as generally depicted on Exhibit 1.
The typical section for Riverton Ridge Drive
Extended shall be twenty-eight (28) feet face of
curb to face of curb, including a four (4) foot
wide sidewalk along the northern side of the
street.
Riverton Ridge Drive Extended shall be constructed
with curb and gutter.
The cross-hatched portion of the road labeled Road
A on Exhibit 1 shall not be constructed before more
than 299 residential lots are recorded. (T)
19.
Construction traffic for development on the subject
property shall be prohibited on James River Road and
through the Riverton subdivision. (P)
20.
Riverton Ridge Drive Extended shall be paved within one
hundred twenty (120) days after the stone is put down
for Riverton Ridge Drive. (T)
21.
Riverton Ridge Drive Extended shall not be opened to
traffic until it is paved according to the approved
construction plans. (T)
22.
Prior to recordation of the first sixty (60) lots, the
applicant, subdivider, or assignee(s) shall pay the
following to the County of Chesterfield for improvements
to Robious Road:
a. $7,800.00 per lot for each of the sixty (60) lots.
In the event the cash payment is not used for the
purpose for which proffered within 15 years of
receipt, the cash shall be returned in full to the
payer. (B&M)
Ayes: Miller, Barber, Humphrey and McHale.
Nays: Warren.
Mr. Miller requested a brief recess.
Reconvening:
On motion of Mr. McHale, seconded by Mr. Warren, the Board
suspended its rules to consider items after 11:00 p.m.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 4,05
05/22/02
02SN0186
In Bermuda Magisterial District, STONEY GLEN LLC AND THE JOHN
J. AND IMA M. LIESFELD FAMILY LLC request rezoning and
amendment of zoning district map from Agricultural (A),
Residential (R-15) and Neighborhood Business (C-2) to
Residential (R-12) and Neighborhood Business (C-2), plus
proffered conditions on an existing Neighborhood Business (C-
2) tract and relief to street access requirements for more
than fifty (50) lots. Residential use of up to 3.63 units
per acre is permitted in a Residential (R-12) District. The
density of the C-2 portion will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for residential use of
2.51 to 4.0 units per acre. This request lies on 148.8 acres
fronting approximately 2,550 feet on the west line of
Harrowgate Road, across from Wellspring Road. Tax IDs 791-
641-1825 and 793-640-0587 (Sheet 34).
Mr. Jacobson presented a summary of Case 02SN0186 and stated
that staff recommends approval subject to fire concerns being
addressed and also recommends that Proffered Condition 14
prohibiting public road access into adjacent subdivisions
north of the request property and pertaining to emergency
access not be accepted. He further stated that the Planning
Commission recommends approval and acceptance of the
proffered conditions subject to the applicant's willingness
to address Parks and Recreation's concerns relative to a
linear trail along Timsberry Creek. He further stated that,
since the Commission's hearing of the case, the applicant
submitted Proffered Condition 17 that addresses Parks and
Recreation's concerns.
Discussion ensued relative to the thoroughfare road proposed
from Harrowgate Road to Branders Bridge Road that will
ultimately provide a second access for the proposed
development.
Mr. William Shewmake, representing the applicant, stated that
the applicant has crafted a number of proffered conditions
that will ensure the quality of the development. He further
stated that the applicant has agreed to build a thoroughfare
road across the creek; will not increase the density over
what is allowed under the current zoning; and will pave the
emergency access. He requested the Board's approval of the
proposed development.
Mr. Miller called for the public hearing.
Mr. Ralph Gehr, President of the Stoney Glen Community
Association, expressed concerns that a connecting road would
result in increased traffic and safety issues in Stoney Glen
Subdivision and stated that the community supports the stub
road with limited access proposed by the developer.
Mr. Craig Follo, a resident of Foxwood Road, stated that he
feels the proposed emergency access will ensure safety of
children in the Stoney Glen community.
There being no one else to speak to the request, the public
hearing was closed.
Mr. McHale stated that the temporary emergency access will
provide a second access until such time as the thoroughfare
road is complete.
Mr. McHale then made a motion, seconded by Mrs. Humphrey, for
the Board to approve Case 02SN0186 and accept the proffered
conditions which will permit the temporary emergency access
until such time as the thoroughfare road is complete.
02- 406
05/22/02
Discussion ensued relative to approval of cases without the
provision of a second public road access.
Mr. Miller called for a vote on the motion of Mr. McHale,
seconded by Mrs. Humphrey, for the Board to approve Case
02SN0186 and accept the following proffered conditions:
The owners/applicants hereby proffer the following
conditions, which shall apply to the subject properties as
reflected on the attached zoning plat revised on February 15
and 26, 2002 by Gene Watson & Associates, P.C. (~the zoning
plat"):
A maximum of 217 residential lots shall be permitted on
the property zoned R-12 as reflected on the zoning plat.
(p)
o
The exposed surfaces of the foundations of each
residential dwelling shall be covered with brick or
stone veneer or exterior insulation and finishing
systems (EIFS) materials. (BI)
In conjunction with recordation of the initial
subdivision plat or prior to final site plan approval,
whichever occurs first, a ninety (90) foot wide right-
of-way for an east/west major arterial ("Wellspring Road
Extended") from Harrowgate 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)
o
In conjunction with recordation of the initial
subdivision plat or prior to final site plan approval,
whichever occurs first, sixty (60) feet of right-of-way
on the west side of Harrowgate Road, measured from the
centerline of that part of Harrowgate Road immediately
adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
o
Direct access from the property to Harrowgate Road shall
be limited to two (2) public roads. One access shall be
Wellspring Road Extended, and shall align Wellspring
Road. The other access shall generally be located
towards the northern property line. The exact location
of these accesses shall be approved by the
Transportation Department. (T)
o
Prior to tentative subdivision or site plan approval,
whichever occurs first, an access plan for Wellspring
Road Extended shall be submitted to and approved by the
Transportation Department. Access from the property to
Wellspring Road Extended shall conform to the approved
access plan. (T)
To provide an adequate roadway system at the time of
complete development, the owner/developer shall be
responsible for the following:
ao
Construction of additional pavement along
Harrowgate Road at each approved access to provide
left and right turn lanes, based on Transportation
Department standards;
bo
Construction of two (2) lanes of Wellspring Road
Extended, to VDOT Urban Minor Arterial Standards
(50 mph) with modifications approved by the
Transportation Department, from Harrowgate Road to
the western property line;
02- ~07
05/22/02
o
10.
11.
12.
13.
14.
C ·
Construction of a three (3) lane typical section
(i.e., one (1) westbound lane and two (2) eastbound
lanes) for Wellspring Road Extended at its
intersection with Harrowgate Road. The exact
length of this improvement shall be approved by the
Transportation Department;
do
eo
Construction of additional pavement along
Wellspring Road Extended at each approved access to
provide left and right turn lanes, based on
Transportation Department standards; and
Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. Provided, however, in the event the
developer is unable to acquire any "off-site"
right-of-way that is necessary for any improvement
described in 7(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 construction plan or site plan approval,
whichever occurs first, a phasing plan for the required
road improvements, as identified in Proffered Condition
7, shall be submitted to and approved by the
Transportation Department.
With the exception of timbering which has been.approved
by the Virginia State Department of Forestry for the
purpose of removing dead or diseased trees, there shall
be no timbering until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices have been installed. (EE)
Ail residential dwellings shall have a minimum gross
floor area of 2,000 square feet. (P)
Restrictive Covenants. The following provision shall be
contained in restrictive covenants which shall be
recorded in conjunction with the recordation of any
subdivision plat. Further, the following provisions in
the restrictive covenants cannot be modified or amended
for a period of at least twenty (20) years following
recordation:
a. Ail driveways shall be paved.
b. Ail mailboxes shall be of a uniform design. (P)
There shall be a twenty-five (25) foot common open space
adjacent to the Hill Spring and Foxwood Subdivisions
west of Timsberry Creek. (P)
There shall be a twenty (20) foot common open space
adjacent to the Greyfield Place Subdivision east of
Timsberry Creek. (P)
There shall be no public road access to Hill Spring,
Foxwood or Greyfield Place Subdivisions. Emergency
access shall be permitted through Foxwood Subdivision.
If emergency access is provided, such access shall be
vacated at such time that Wellspring Road Extended is
constructed to Branders Bridge Road. The developer
02- 608
05/22/02
shall post a bond for the vacation of the emergency
access. The exact design and treatment of the emergency
access shall be approved at the time of tentative
subdivision review. (FD)
15.
No subdivision within the subject property shall be
named Stoney Glen or any derivation thereof. (P)
16.
Any development on property zoned C-2 as reflected on
the zoning plat shall conform to the required conditions
for development set forth in County Code Section 19-149
(a)-(d). (Note: This does not prohibit canopied
gasoline sales.) Provided, further, buildings on the
property zoned C-2 shall have pitched roofs and the
facades shall be constructed primarily of brick. (P)
17.
A ten foot wide pedestrian easement shall be provided
along the northern side of Timsberry Creek within the
utility easement on the subject property. The easement
shall include an access easement from Wellspring Road
Extended to that part of the easement along Timsberry
Creek. The exact location of the easement shall be
determined at the time of tentative subdivision review.
(P&R)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
It was generally agreed that the Board would hold public
hearings to consider the re-adoption of an ordinance
previously adopted on an emergency basis relating to hunting
with rifles and handguns and also to consider adoption of the
Consolidated Eastern Area Plan, the county's Comprehensive
Plan, and companion zoning ordinance development standards
along major roads; and then adjourn until May 29, 2002 at
7:00 p.m. to hold the remainder of the advertised public
hearings.
16. PUBLIC HEARINGS
16.A. TO CONSIDER RE-ADOPTION OF AN ORDINANCE PREVIOUSLY
ADOPTED ON AN EMERGENCY BASIS RELATING TO HUNTING WITH
RIFLES AND HAND(~UNS
Mr. Micas stated that, on April 10, 2002, the Board adopted
on an emergency basis an ordinance relative to hunting with
rifles and handguns. He further stated that, since adoption
on an emergency basis, two small changes have been made to
change the reference from ~species" to ~animals" to comply
with the preference of the Department of Game and Inland
Fisheries (DGIF) and to clarify the rim fire and center fire
hunting issues for rifles. He stated that the hunting
community and DGIF support the ordinance as written and staff
recommends re-adoption with the two changes.
Mr. Miller called for the public hearing.
Sargeant Joe Pajek, representing DGIF, stated that the
department does not oppose the proposed ordinance and he
feels it will be easier to enforce.
Mrs. Humphrey stated that the hunt clubs support the
ordinance.
Mr. Roger Hinde, an attorney and a hunter, stated that he
supports the amended ordinance and feels the requested
changes are based on good science and address ethical and
safety concerns.
02- 409
05/22/02
Discussion ensued relative to hunting with various calibers
of rifles.
When asked, Sargeant Pajek stated that the ordinance will
extend the opportunity to hunt with a muzzle-loading rifle
during the regular hunting season as well as during the
special muzzle-loading season. He further stated that a .22
caliber rifle is generally not an ethically acceptable weapon
for hunting turkeys.
Mr. Hinde stated that the proposed ordinance will allow
hunters to keep their heritage by using muzzle-loading rifles
during the entire hunting season rather than forcing them to
use modern weapons.
There being no one else to speak to the ordinance, the public
hearing was closed.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
re-adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE
COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY
AMENDING AND RE-ADOPTING SECTION 14-12 RELATING
TO HUNTING WITH RIFLES OR HANDGUNS
BE IT ORDAINED
Chesterfield County:
by the Board of Supervisors of
(1)
That Section 14-12of the Code of the County of
Chesterfield, 1997, as amended, is amended and
re-adopted to read as follows:
Sec. 14-12. Same--Hunting with rifles or handguns.
(a) No person shall hunt deer or turkey with a rifle in
Chesterfield County, except as provided in subsection (c)
herein.
(b) Small game animals may be hunted only with a rifle
or handgun that has a caliber no larger than .22 and only
during the prescribed open seasons, unless prohibited by the
Code of Virginia, Virginia Administrative Code, or federal
law or regulations.
(c) It shall be lawful to hunt game animals with a
muzzle-loading rifle during the prescribed open seasons. For
the purpose of this section a muzzle-loading rifle is any
rifle as defined by Title 29 of the Code of Virginia or
Virginia Administrative Code Section VAC15-90-80.
(d) For the purpose of this section, game animals shall
be those animals as defined by the Code of Virginia or the
Virginia Administrative Code.
(e) Any person violating the provisions of this section
shall be guilty of a class 3 misdemeanor.
(2) That this ordinance, adopted on an emergency basis
on April 10, 2002, is hereby re-adopted as set forth herein,
effective immediately.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 410
05/22/O2
16.B. TO ADOPT THE CONSOLIDATED EASTERN AREA PLAN, COUNTY'S
COMPREW~-NSIVE PLAN, AND COMPANION ZONING ORDINANCE
DEVELOP~a~NT STANDARDS ALONG MAJOR ROADS
Mr. McHale stated that there are still issues to be resolved
and indicated that he feels the public hearing should be
deferred.
On motion of Mr. McHale, seconded by Mr. Warren, the Board
deferred the public hearing to consider adoption of the
Consolidated Eastern Area Plan, the county's Comprehensive
Plan, and companion zoning ordinance development standards
along major roads until June 26, 2002.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
16.C. TO CONSIDER ORDINANCE AMENDMENTS REGARDING THE
LOCATION AND REGULATION OF ADULT USES
As reflected in the adjournment motion, this public hearing
will be heard on May 29, 2002 at 7:00 p.m.
16.D. TO CONSIDER THE APPROPRIATION OF WATER AND SEWER
REVENUE REFUNDING BONDS, SERIES 2002 AND RELATED COSTS
OF ISSUANCE
As reflected in the adjournment motion, this public hearing
will be heard on May 29, 2002 at 7:00 p.m.
16.E. TO AMEND COUNTY POLICY REGARDING CRIMINAL BACKGROUND
CHECKS FOR COACHES OF CO-SPONSORED GROUPS
As reflected in the adjournment motion, this public hearing
will be heard on May 29, 2002 at 7:00 p.m.
16 .F.
TO REVISE FY2002 SCHOOL CAPITAL IMPROVEMENT
APPROPRIATIONS
As reflected in the adjournment motion, this public hearing
will be heard on May 29, 2002 at 7:00 p.m.
18. ADJOURNMENT
On motion of Mrs. Humphrey, seconded by Mr. Barber, the
Board adjourned at 12:25 a.m. until May 29, 2002 at 7:00
p.m. to hear the remainder of the May 22, 2002 Agenda.
Ayes: Miller, Warren, Humphrey, Barber and McHale.
Nays: None.
Chairma~ '
02- 411
05/22/02