09-18-2002 MinutesBOARD OF SUPERVISORS
MINUTES
September 18, 2002
Supervisors in Attendances
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. Craig Bryant, Dir.,
Utilities
Ms. Marilyn Cole, Asst.
County Administrator
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Ms. Rebecca Dickson, Dir.,
Budget and Management
Mr. William Dupler,
Building Official
Ms. Lisa Elko,
Clerk
Chief Stephen A. Elswick,
Fire Department
Ms. Kelly Fried, Quality
Improvement Mgr., Mental
Health/Mental Retard./
Substance Abuse Services
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Thomas E. Jacobson,
Dir., Planning
Mr Donald Kappel, Dir.,
Public Affairs
Ms Mary Lou Lyle, Dir.,
Accounting
Mr Mike Mabe, Dir.,
Libraries
Mr R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Dr. William Nelson,
Dir., Health Dept.
Mr. Francis Pitaro, Dir.,
General Services
Mr James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
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09/18/02
Mr. Thomas Taylor, Dir.,
Block Grant Office
Mr. Scott Zaremba, Asst.
Dir., Human Resource
Management
Mr. Miller called the regularly scheduled meeting to order at
3:45 p.m.
On motion of Mr. McHale, seconded by Mr. Warren, the Board
suspended its rules at this time to add an item, Closed
Session Pursuant to Section 2.2-3711(A) (7), Code of Virginia,
1950, as Amended, for Consultation with Legal Counsel on
Specific Legal Matters Regarding the First Amendment to the
Constitution and the Use of Public Library Meeting Rooms, and
to hold the Closed Session at this time.
O CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(7), CODE
OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH
LEGAL COUNSEL ON SPECIFIC LEGAL MATTERS REGARDING THE
FIRST AMEND~E~ TO THE CONSTITUTION AND THE USE OF
PUBLIC LIBRARY MEETING ROOMS
On motion of Mr. McHale, seconded by Mr. Warren, the Board
went into Closed Session pursuant to Section 2.2-3711(A) (7),
Code of Virginia, 1950, as amended, for consultation with
legal counsel on specific legal matters regarding the First
Amendment to the Constitution and the use of public library
meeting rooms.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Reconvening:
On motion of Mr. Warren, seconded by Mr. McHale, 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.
02- 629
09/18/02
The Board being polled, the vote was as follows:
Mr. McHale: Aye.
Mrs. Humphrey: Aye.
Mr. Barber: Aye.
Mr. Warren: Aye.
Mr. Miller: Aye.
Mr. Miller stated that, after reviewing with counsel options
relative to the World Church of the Creator's use of the
county's public facilities, it was the Board's consensus that
there is no legal basis to stop the meeting scheduled for
September 21, 2002. He further stated that the entire Board
condemns the group, but he is satisfied after hearing from
counsel that the Board would be diminishing itself if it were
to take an action that would expose the county to
constitutional challenges, punitive damages, and etcetera.
He invited anyone wishing to speak to the issue to come
forward at this time.
Mr. Ray Christian stated that he feels groups, such as World
Church of the Creator that might have a detrimental effect on
the community should be required to post a bond certifying
that the public assembly will not cause a disturbance.
Mr. David Childress, a county resident and Richmond City
Police Officer, expressed concerns relative to the violent
history of World Church of the Creator. He strongly
recommended a large police presence at the September 21't
meeting, and suggested that the Board find a way to prevent
this type of meeting in public facilities in the future.
Bishop Gerald Glenn stated that he is disheartened by the
Board's decision and feels that, as a minority, he is
suffering as a result of the Board's action. He expressed
concerns that the World Church of the Creator will be meeting
in a public facility supported by tax dollars, and that the
meeting will be restricted to ~whites only." He stated that
he intends to attend the meeting on Saturday, and inquired as
to what recourse he would have if he was not allowed to
attend.
Ms. Barbara Turner stated that she, too, is disheartened by
the Board's decision. She expressed concerns that World
Church of the Creator is listed as an active hate group on
the Internet, and provided the Board with a copy of her
Internet research relative to the organization.
Reverend John King stated that the Board's actions and those
of other people are inciting hatred towards the World Church
of the Creator. He further stated that the organization is
not here to create any violence, and expressed appreciation
to the Board for acting wisely and respecting his rights to
speak freely. He stated that if violence occurs, it will be
from out-of-state protestors, communists, anarchists and
others, rather than from the members of his church.
Mr. Wade Runge stated that he is enraged that an organization
with a violent track record would be allowed to meet in a
public facility. He further stated that he feels the Board
should have taken a stand against hatred in the county.
Dr. Freddie Nicholas, former member of the Board, stated that
the county has an excellent legal staff and he had hoped the
Board would be strong enough to run the risk of assuming a
lawsuit. He strongly encouraged the Board to expeditiously
consider a policy change relative to groups of this nature
that request the use of public facilities.
Mr. L. J. McCoy congratulated the Board on its decision to
uphold the Constitution, stated that the issue seems to have
02- 630
09/18/02
drawn many people together, and indicated that a prayer vigil
has been organized for September 21't.
Mr. Miller then closed the public comment session. He
requested that Mr. Micas explain the basis for his advice
that led to the Board's decision.
Mr. Micas stated that the use of the public library by World
Church of the Creator is governed by the First Amendment of
the Constitution that provides an extraordinarily broad
protection for political speech. He further stated that the
Fourth Circuit Court of Appeals ordered Arlington County in
Northern Virginia to allow the Nazi Party to use public
schools. He stated that, when a facility is open to the
public, the government must allow all forms of political
speech, even when that political speech is offensive, and the
government cannot pick and choose the type of speech, quality
of speech, or type of human beings. He noted that many types
of political speech are legally mandated and the county
cannot choose to suppress the typ~e of speech it might find
offensive through the use of public facilities. He stated
that there are many cases throughout the country where the
issue of use of public facilities has been challenged.
When asked, Mr. Micas stated that he has found approximately
20 localities across the country in which the World Church of
the Creator has used public facilities to make speeches, and
no localities where the group has been precluded. He further
stated that he is not aware of any circumstances that would
distinguish this situation from any other situation involving
the organization. He stated that he can find no recent cases
anywhere in the country that would allow the county to seek a
restraining order to keep the meeting from taking place, and
speculated upon the possible damages the county could suffer
as a result of fighting the issue and losing in court.
When asked, Mr. Micas stated there was a First Amendment
issue in Culpeper many years ago in which a judqment was
granted against individual elected, officials as well as the
jurisdiction.
Mr. Warren stated that he abhors the situation, and the Board
will be adopting two resolutions that will speak to the
seriousness of the issue.
Mr. Barber stated that the issue is extremely frustrating,
and he feels the entire county is suffering because of the
issue, not just minorities. He noted that the county's own
web site filters the organization because it is a hate ~roup.
He stated that Mr. King thanked the Board for respecting his
rights and indicated that there is nothing about this group
or its members that he respects.
Mr. McHale stated that he is appalled and frustrated that
there is no way to stop this meeting. He further stated that
he is not afraid of a lawsuit and if there was any chance of
the county winning, he would agree to putting a stop to the
meeting. He expressed concerns 'that county funds will be
used for the police power to provide security at the meeting.
He stated that the Board could not find a way to stop the
organization from meeting without funding the organization in
some way. He further stated that Board members took an oath
to support and defend the Constitution, and indicated that he
feels it would put the public at ~reat peril to ignore that
oath and force the issue into court. He stated that an
alternative meeting has been organized to discuss the issue
and address the matters seriously and prayerfully, and not
provide any more notoriety for the World Church of the
Creator.
Mr. Warren stated that the Board will be adopting a
resolution condemning the World Church of the Creator, which
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09/18/02
provides the message that racism of any sort will not be
tolerated in Chesterfield County.
Mrs. Humphrey stated that she would be willing to take on a
lawsuit if the county had any chance of winning it. She
further stated that prohibiting public meetings in public
facilities would prohibit legitimate groups from holding
their meetings. She stated that she will support resolutions
condemning the World Church of the Creator and adopting a new
policy for meeting in County Library meeting rooms.
Mr. Miller stated that he does not believe Our forefathers
intended that this sort of speech would be protected and they
would be appalled by this. He further stated that he is
disgusted that individuals would have such hatred in their
hearts, and indicated that the Board's action did not harm
minorities, but rather upheld Constitutional rights. He
stated that the World Church of the Creator has received far
more attention than they deserve, and expressed concerns that
this group and others like them would like to harm citizens.
He further stated that, when sworn in both as an attorney and
as a Board member, he agreed to uphold the laws of the
Constitution and the laws of the Commonwealth, and indicated
that he will not violate that oath for the likes of this
organization.
Mr. Warren made a motion, seconded by Mr. McHale, for the
Board to suspend its rules at this time to allow
consideration of Item 8.C.19., Adoption of Resolution
Condemning the World Church of the Creator; and Item 8.C.21.,
Adoption of a New Policy for Meeting in County Library
Meeting Rooms.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.19.
ADOPTION OF RESOLUTION CONDEMNING THE WORLD CHU~_C~
OF THE CREATOR
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, Chesterfield County operates nine branch
libraries throughout the County to allow the citizens of
Chesterfield County access to literature, music, cinema and
other resources; and
WHEREAS, the County's libraries also provide meeting
rooms which are open to the public for events of a non-
commercial nature; and
WHEREAS, the use of the County's libraries by the public
constitutes a public forum; and
WHEREAS, the First Amendment to the United States
Constitution provides that access to public forums must be
provided to groups on a content neutral basis; and
WHEREAS, the World Church of the Creator has applied for
the use of a meeting room at the Chester Branch of the County
Library and, pursuant to the First Amendment, the County is
required to make a meeting room available for use of that
group; and
WHEREAS, the World Church of the Creator is a white
supremacist group which promotes and espouses racial
02- 632
09/18/02
divisiveness, anti-semitism and other messages of hate and
intolerance; and
WHEREAS, the Board of Supervisors finds the message
espoused by the World Church of the Creator to be abhorrent
and antithetical to the values of the United States, the
State of Virginia, Chesterfield County and human decency and
desires to actively combat such a virulent and hateful
message; and
WHEREAS, the Board of Supervisors is confident that the
citizens of Chesterfield County share the Board's abhorrence
for the message of the World Church of the Creator and the
Board's desire to actively combat that message; and
WHEREAS, the World Church of the Creator promotes its
message by fomenting controversy and confrontation between
itself and opponents of its message; and
WHEREAS, the Board of Supervisors believes that the best
way to combat the message of the World Church of the Creator
is by avoiding altogether the meeting of the World Church of
the Creator; and
WHEREAS, to promote a boycott of the World Church of the
Creator's meeting, the Board of Supervisors has scheduled a
public unity rally for Saturday, September 21, 2002 at 5:00
p.m. in the Auditorium of Thomas Dale High School, for the
purpose of promoting the values that make the United States
of America, the State of Virginia, and the County of
Chesterfield great, namely, community and racial harmony and
racial and religious tolerance.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Board of Supervisors publicly denounces the
message of the World Church of the Creator; and
2. The Board of Supervisors calls upon all citizens of
Chesterfield County and the surrounding community to avoid
altogether the meeting of the World Church of the Creator;
and
3. The Board of Supervisors invites all citizens of
Chesterfield County and the surrounding community to attend a
public unity rally in support of community and racial harmony
and racial and religious tolerance in the Auditorium of
Thomas Dale High School on Saturday, September 21, 2002
beginning at 5:00 p.m.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.21. ADOPTION OF NEW POLICY FOR MEETIN~ IN COUNTY LIBRARY
MEETIN~ ROOMS
Mr. Ramsey stated that the amendedi policy would require that
any group using the Library's meeting room prove the
existence of a legitimate organization and also specifies
that any group requiring county .services, including police
protection, would be required to ]pay the full cost of those
services prior to the meeting taking place.
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09/18/02
Discussion ensued relative to the possibility of requiring
the group to post a bond when applying for use of the
facility.
Mr. Miller requested that Mr. Micas provide the Board with
information regarding the possibility of restricting the use
of the facility to Chesterfield residents and businesses.
Mr. Micas clarified that the new policy will apply to new
applications only, and does not apply to existing
applications.
Mr. McHale requested that staff explore other ways to legally
restrict use of the facility to the extent that we are
Constitutionally able.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted a new policy for meeting in County Library meeting
rooms. (It is noted a copy of the policy is filed with the
papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
5.B. RECOGNIZING THE LATE MR. R. GARLAND DODD BY NAMING
POINT OF ROCKS PARK THE ~R. GARLAND DODD PARK AT POINT
OF ROCKS"
Mr. Hammer introduced Mrs. Imogene Dodd, Mr. Kent Dodd, Mr.
Richard Dodd, Jr. and Mr. Jonathan Dodd, family members of
the late Mr. R. Garland Dodd, who were present to receive the
resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. R. Garland Dodd, former Supervisor
representing the Bermuda District, and Chairman of the Board
of Supervisors in 1986, succumbed on May 11, 2002 after a
brief illness; and
WHEREAS, Mr. Dodd was widely respected for his
dedication and integrity, not only by his fellow Board
members and by Chesterfield County residents, but throughout
the Richmond Metropolitan and Tri-Cities areas; and
WHEREAS, Mr. Dodd was actively involved with the
Metropolitan Economic Development Council, the Regional Port
Facility Task Force, the 1986 Legislative Tour and the Crater
Planning District Commission; and
WHEREAS, among his many accomplishments while serving on
the Board of Supervisors, Mr. Dodd was instrumental in the
establishment of the historic Henricus Park in Chesterfield
County, and was actively involved in the initial stages of
construction of Route 288 and the widening of a number of
other major roadways in the county; and
WHEREAS, placing their trust in Mr. Dodd and other
county leaders, Chesterfield County residents approved the
County Charter referendum on November 4, 1986, thereby
improving the ability of the county government to provide
efficient, effective and responsive services to the people;
and
02- 634
09/18/02
WHEREAS, under Mr. Dodd's Chairmanship, Chesterfield
County, then one of the fastest growing localities in the
state and nation, faced the challenges and demands placed
upon it with recognized leadership and responsibility; and
WHEREAS, Chesterfield County will forever honor Mr.
Dodd's memory, by the renaming of Point of Rocks Park, which
will from this date forth be known as "The R. Garland Dodd
Park at Point of Rocks."
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes the untiring
efforts and commitment to excellelnce displayed by its 1986
Chairman, Mr. R. Garland Dodd, thanks his family for their
support for his public service while he was on the Board of
Supervisors, and urges all Chesterfield County residents to
keep Mr. Dodd's many contributions fondly in mind when they
visit the R. Garland Dodd Park at Point of Rocks, and always.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. McHale expressed appreciation for Mr. Dodd's continuous
commitment to the county.
Mr. Miller presented the executed resolution to Mrs. Dodd,
accompanied by members of her family, expressed appreciation
for the many contributions of the late Mr. Dodd, and stated
that Mr. Dodd will long be remembered throughout Chesterfield
County.
Mrs. Humphrey, Mr. Warren, Mr. Ramsey and Mr. Miller each
shared a story about Mr. Dodd.
1. APPROVAL OF MINUTES
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved the minutes of August 28, 2002 and September 4,
2002, as submitted.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
There were no County Administrator's comments at this time.
3. BOARD COMMITTEE REPORTS
There were no Board committee reports at this time.
4. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHAN~ES IN
THE ORDER OF PRESENTATION
On motion of Mr. McHale, seconded ]Dy Mrs. Humphrey, the Board
deleted Item 5.A., Resolution Recognizing Fort Lee W Company,
244th Quartermaster Battalion for Their Volunteer Work at the
Brown and Williamson Tobacco Corporation Conservation Area;
added Item 8.C.7.c., Approval of Water Contract for 4000
02- 635
09/18/02
Newbys Bridge Road Water Extension - Children's House; added
Item 8.C.11.e., Request for Permission from Garry L. Cole for
an Exception to the Use of Public Water for a New Residential
Structure Located on Ecoff Avenue; added Item 8.C.14.d.,
Transfer of District Improvement Funds from the Clover Hill,
Midlothian, Matoaca, Bermuda and Dale District Improvement
Funds to the Parks and Recreation Department to Purchase
Skateboard Equipment, and Authorization for County
Administrator to Execute a Lease and Operation Agreement with
Vision 21; added Item 8.C.17.a., Approval of Utility Contract
for Rockwood Terrace Townhouses; added Item 8.C.17.b.,
Approval of Utility Contract for Creekpointe Apartments;
added Item 8.C.18., Approval to Amend a Pending Zoning
Application (Case 01SN0121: Bottoms Property) Originally
Initiated by the Board of Supervisors; replaced Item 10.,
Status Report on the General Fund Balance, Reserve for Future
Capital Projects, District Improvement Funds and Lease
Purchases; and adopted the Agenda, as amended.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
6. WORK SESSIONS
There were no work sessions at this time.
7. DEFERRED ITEMS
o TO CONSIDER ADOPTION OF THE CONSOLIDATED EASTERN AREA
PLAN AND COMPANION ZONING ORDINANCE DEVELOP~NT STAND~___RD8
ALONG MAJOR ROADS
Mr. James Bowling, Principal Planner, summarized the ten
modifications to the proposed Consolidated Eastern Area Plan
and companion zoning ordinance amendments that were presented
at the August 28, 2002 public hearing. He stated that three
additional amendments are being suggested as a result of
citizen input at that public hearing: 1) removal of language
to ensure the developability of properties will not be
impeded to acquire the Walthall connector; 2) additional
language to allow additional commercial uses along Route 10;
and 3) additional language that would designate additional
roads in the northwest quadrant of Route 10 and 1-295 to
special access streets to give property owners some relief
from setbacks.
Mr. McHale made a motion, seconded by Mr. Warren, for the
Board to adopt the Consolidated Eastern Area Plan, as
amended, with Modifications 1 through 6 and 10 and the
additional amendment to Modification Number 1 relative to
special access streets and the Walthall connector road, and
the additional amendment to Modification Number 10 relative
to the definition of neighborhood mixed use to allow
additional commercial uses along Route 10.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. McHale then made a motion, seconded by Mr. Barber, for
the Board to adopt the companion zoning ordinance amendments
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09/18/02
relating to development standards for the Route 10 Corridor
East, the Old Stage and Coxendale Roads Corridor, and the
Enon Core District, as amended, with Modifications 7 through
o
Mr. Miller called for a vote on the motion made by Mr.
McHale, seconded by Mr. Barber, for the Board to adopt the
following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE
COUNTY OF CHESTERFIELD, 19!)7, AS AMENDED, BY
AMENDING AND RE-ENACTING SECTIONS 19-505, 19-580, AND 19-581
AND ADDING SECTIONS 19-587, 19-5137.1, 19-587.2, 19-587.3,
19-587.4,19-588,19-588.1, 19-588.2, 19-589, 19-589.1,
19-589.2, 19-589.3 AND 19-589.4 RELATING TO DEVELOPMENT
STANDARDS FOR THE ROUTE 10 CORRIDOR EAST, THE OLD STAGE AND
COXENDALE ROADS CORRIDOR, AND THE ENON CORE DISTRICT
BE IT ORDAINED by the Board of Supervisors of
Chesterfield County:
(1) That Sections 19-505, 19-580 and 19-581, of the
Code of the County of Chesterfield, 1997, as amended, are
amended and re-enacted and 19-587, 19-587.1, 19-587.2, 19-
587.3, 19-587.4, 19-588, 19-588..1, 19-588.2, 19-589, 19-
589.1, 19-589.2, 19-589.3 and 19-5189.4 are added to read as
follows:
Sec. 19-505. Measurement of yards.
o o o
(e) For purposes of determining yard setbacks, the
setback shall be measured from a 160-foot right-of-way in
those instances where 200-foot right-of-way has been
dedicated to the county in the following locations:
(i)
Route 360, from Route 288 to the Amelia County
line;
(2) Route 10:
From Irongate Drive to Courthouse Road;
From Krause Road to Buckingham Street;
From 1-95 to Hopewell corporate limits.
o o o
Sec. 19-580. Specified areas.
(a) The Highway Corridor District shall include those lands
identified on the zoning district map or otherwise described
below that include:
(1)
(2)
(3)
(4)
(5)
The Jefferson Davis Highway corridor;
The Route 360 corridor east;
The Route 360 corridor west, which shall consist of
Hull Street Road, extending from Courthouse Road to
the Amelia County line, including all land to a
depth of 1500 feet from the centerline of Hull
Street Road, unless the parcel or project extends
further than 1500 feet, in which case these
requirements shall apply to the entire parcel or
project;
The Route 10 corridor east; and
The Old Stage and Coxendale Roads corridor.
02- 637
09/18/02
(b) The Employment Center District shall include all lands
identified on the Route 288 Corridor Plan that include:
(1) Regional employment center.
(c) The Enon Core District shall
identified on the zoning district map.
include those lands
Sec. 19-581. General development standards.
Except for the development standards contained in the Highway
Corridor District, the Employment Center District and the
Enon Core District, which shall apply to property within
those districts, all applicable county-wide, emerging growth
or post-development standards shall be met.
o o o
Sec. 19-587. Route 10 Corridor East - purpose and intent.
The purpose of sections 19-587 through 19-587.4 is to provide
standards that will encourage and enhance the preservation of
tree canopy along Route 10, between 1-95 and Hopewell, and to
further encourage architectural standards that reinforce and
compliment area residential development, within those areas
along the Route 10 corridor suggested for Neighborhood Mixed
Use on the Consolidated Eastern Area Plan.
Sec. 19-587.1. Route 10 Corridor East: Yard requirements for
office, business and industrial districts.
Setbacks along Route 10: The minimum setback area for
buildings, drives and parking areas along Route 10 located
outside of buffers, floodplains, wetlands and RPAs shall be
increased 1 square foot for each 1.1 square feet of minimum
required side and rear yard area located outside of buffers,
floodplains, wetlands and RPAs, so as to increase the minimum
setback along Route 10 an additional 20 feet. Provided,
however, the setback along Route 10 need not be increased by
more than 90 percent of the amount of reducible side and rear
yard area outside of buffers, floodplains, wetlands and RPAs.
Side and rear yard setback area outside of buffers,
floodplains, wetlands and RPAs may be reduced at a ratio of
1.1 square feet for each square foot of increased setback
along Route 10, provided that the remaining side and rear
yard setbacks shall be configured so that landscaping areas
have a minimum dimension of 10 feet. Further, these
remaining setback areas may be incorporated into other
landscaped areas with the approval of the director of
planning.
Sec. 19-587.2.
Route 10 Corridor East: Plant material
specifications.
Tree preservation: Within setbacks along Route 10,
preservation of existing trees and shrubs shall be maximized
to provide continuity and improved buffering. Except when
necessary to provide access, any trees of high-canopy species
that are four inches or greater in caliper, as well as any
trees of under-story species that are one inch or greater in
caliper, located within the setback, shall be retained unless
removal is approved through site, subdivision or schematic
plan review. Removal of vegetation, to accommodate vehicular
access and utilities, which run generally perpendicular
02- 638
09/18/02
through the setback, shall be permitted through subdivision,
site or schematic plan review, the exact locations to be
determined by the Director of Planning. Any healthy existing
tree or shrub may be included for credit towards this
subdivision's requirements. If any preserved tree or shrub
that has been credited dies within three years of
construction, one tree or shrub shall be planted for each
tree or shrub lost. Ail existing vegetation, which is to be
preserved on the site, shall be shown on the required
landscaping plan, or when there are groups of trees or
shrubs, such groups may be outlined. Any existing trees to
be removed shall be clearly delineated on the landscaping
plan
Sec. 19-587.3.
Route 10 Corridor East: Neighborhood Mixed
Use areas - architecture.
Within those areas along the Route 10 corridor suggested for
Neighborhood Mixed Use on the Consolidated Eastern Area Plan,
all buildings shall be compatible with residential
architecture. Residential design features shall include, but
not be limited to, articulation of doors and windows,
architectural ornamentation, and use of residential materials
such as brick and/or siding for walls and asphalt shingle or
simulated slate for roofs. There shall be no visible flat or
shed roofs permitted. Wall offsets and varied rooflines
shall be used on larger buildings to create the appearance of
several small buildings clustered together. Within a
project, compatibility shall be achieved through the
consistent use of a residential architectural style, and
using materials, fenestration, scale and other architectural
features appropriate to that style.
Sec.19-587.4
Route 10 Corridor East: Neighborhood Mixed
Use areas - architectural compatibility.
Within those areas along the Route 10 corridor suggested for
Neighborhood Mixed Use on the Consolidated Eastern Area Plan,
architectural treatment of all buildings shall be compatible
with buildings located within the same project or within the
same block or directly across any road, as determined by the
Director of Planning. At locations where the existing
buildings do not meet current Zoning Ordinance requirements
for architectural treatment, the Director of Planning may
approve a new architectural treatment or theme.
Compatibility may be achieved through the use of similar
building massing, materials, scale, colors or other
architectural features.
Sec. 19-588.
Old Stage and Coxendale Roads Corridor -
purpose and intent.
The purpose of sections 19-588 through 19-588.2 is to provide
standards that will encourage and enhance views along Old
Stage Road, north of Rt. 10, and along Coxendale Road, east
of 1-95.
Sec. 19-588.1. Old Stage and Coxendale Roads Corridor:
requirements for office, business and
industrial districts.
Yard
(a) Front and corner side yards: The minimum setback area
for buildings, drives and parking areas along Old Stage and
02- 639
09/18/02
Coxendale Roads outside of buffers, floodplains, RPAs and
wetlands shall be increased 1 square foot for each 1.1 square
feet of minimum required side and rear yard area located
outside of buffers, floodplains, wetlands and RPAs, so as to
increase the front yard setback an additional 20 feet.
Provided, however, the setback along Old Stage and Coxendale
Roads need_not be increased by more than 90 percent of the
amount of reducible side and rear yard areas outside of
buffers, floodplains, wetlands and RPAs.
(b) Side and rear yards: The side and rear yard setbacks
for buildings, drives and parking areas, for properties
within I-l, I-2 and I-3 districts that front Old Stage and
Coxendale Roads and when adjacent to I-2 and I-3 districts,
shall be 0 feet when front yard setbacks are increased in
accordance with Sec. 19-588.1(a).
Sec. 19-588.2.
Old Stage and Coxendale Roads Corridor:
Plant material specifications.
(a) Tree preservation: Within setbacks along Old Stage and
Coxendale Roads, preservation of existing trees and shrubs
shall be maximized to provide continuity and improved
buffering. Except when necessary to provide access, any trees
any trees of high-canopy species that are four inches or
greater in caliper, as well as any trees of under-story
species that are one inch or greater in caliper, located
within the setbacks along Old Stage and Coxendale Roads,
shall be retained unless removal is approved through site,
subdivision or schematic plan review. Removal of vegetation,
to accommodate vehicular access and utilities, which run
generally perpendicular through the setback, shall be
permitted through subdivision, site or schematic plan review,
the exact locations to be determined by the Director of
Planning.
(b) Any healthy existing tree or shrub may be included for
credit towards this subdivision's requirements. If any
preserved tree or shrub that has been credited dies within
three years of construction, one tree or shrub shall be
planted for each tree or shrub lost. All existing vegetation
which is to be preserved on the site shall be shown on the
required landscaping plan, or when there are groups of trees
or shrubs, such groups may be outlined. Any existing trees
to be removed shall be clearly delineated on the landscaping
plan
Sec. 19-589. Enon Core District - purpose and intent.
The purpose of Sections 19-589 through 19-589.4 is to provide
standards that will encourage, reinforce and enhance a sense
of neigb_borhood identity and of ~place" for the Enon
community.
Sec. 19-589.1.
Enon Core District:
standards.
Exceptional development
(a) Street tree planting: Within the Enon Core District, it
is the intent of perimeter landscaping G, as detailed in
section 19-518(g) (9), to require the installation of street
trees to increase the aesthetic appeal of Enon Core District,
encourage high-quality development, provide shade for
pedestrians and improve the quality of the environment. To
O2- 640
09/~8/02
this end, the following standards shall be met when utilizing
perimeter landscaping G:
(1)
The requirements of section 19-518(g) (9) (a) and (c)
shall be met. The re¢~irements of section 19-
518(g) (9)(b) shall be modified to require
continuous three-foot ihigh hedge forms or a
decorative wall for the entire width of a parking
lot only if the parking lot is located in front of
a building.
(2)
Trees shall be installed behind any sidewalk
installed along a street. If it is determined
during the site plan process to be impractical to
install trees behind tile sidewalk, they may be
installed between the street and the sidewalk. If
it is determined during the site plan process to be
impractical to locate large deciduous trees due to
conflicts with utility lines the trees may be
relocated or if that is impractical, small
deciduous trees may be substituted.
(3)
Trees installed shall be suitable for use as street
trees and shall be selected for their ability to
survive under adverse growing conditions as well as
their aesthetic value.
(4)
While the intent of this section is not to require
a single species to be planted throughout the
entire Enon Core District:, the director of planning
may require a particular species in a particular
location based on existing area landscaping.
(b) The minimum acreage requirements set forth in sections
19-105(i) and 19-Iii(a) for R-TH and R-MF districts shall not
apply within the Enon Core District areas.
Sec. 19-589.2.
Enon Core District:
0 and C Districts.
Setback requirements for
The minimum setbacks for all buildings, drives, and surface
and deck parking areas shall be as follows:
(a) Setbacks along Route 10.
The minimum setback along Route 10 for
buildings shall be 50 feet from the ultimate
right of way with the installation of
perimeter landscaping G provided, however,
buildings that are clustered around an area
devoted to public and semi-public use and
positioned so as 'to define the public and
semi-public space shall be permitted to reduce
the setback from Route 10 to 15 feet. Any
such area devoted to public and semi-public
use shall be separated from Route 10 by a
building or buildings, have a minimum of ~
acre with no dimension less than 100 feet, and
shall be designated for such use by
recordation of an open space easement for
public and semi-public use, such as area civic
association events, special commercial events
or cultural activities. Buildings shall not
02- 641
09/18/02
(b)
(c)
(d)
(e)
be separated from the public and semi-public
space by more than 2 rows of parking accessed
by a driveway and a sidewalk. The area shall
be designed to be used primarily for such
activities and shall not be designed to be
used primarily for stormwater management
facilities. The area shall incorporate
benches for public seating and at least one of
the following: gazebo/bandstand; fountain;
sculpture; statuary; or other similar feature.
o
The minimum setback along Route 10 for drives
and parking shall be 50 feet with the
installation of perimeter landscaping G
provided, however, that no more than 1 row of
parking with associated driveway shall be
permitted between any building and the Route
10 right-of-way.
Front setbacks: The minimum front setback along
rights-of-way other than Route 10 for buildings,
drives and parking shall be 15 feet with the
installation of perimeter landscaping G.
Corner side setbacks: The minimum corner side
setback along rights-of-way other than Route 10 for
buildings, drives and parking shall be 15 feet with
the installation of perimeter landscaping G.
Side setbacks:
(i)
Except as noted below, the minimum side
setback for buildings shall be seven and one-
half feet with the installation of perimeter
landscaping E. When abutting an O, C or I
District, the minimum setback shall be zero
feet. When abutting other property designated
by the Consolidated Eastern Area Plan for non-
single-family residential land uses, the
minimum setback shall be seven and one-half
feet unless waived by the director of planning
at the request of the adjacent property owner,
in which case the minimum setback shall be
reduced to zero feet provided there are no
openings in the wall built along the property
line.
(2)
Except as noted below, the minimum side
setback for drives and parking areas, shall be
seven and one-half feet with the installation
of perimeter landscaping F. When abutting an
O, C or I District, the minimum setback shall
be zero feet. When abutting other property
designated by the general plan for non-single-
family residential land uses, the minimum
setback shall be zero feet; however, if the
adjacent property is occupied by a residence,
a solid screen or fence at least four feet
high shall be installed unless waived by the
director of planning at the request of the
adjacent property owner.
Rear setbacks:
02- 642
09/18/02
(i)
Except as noted ]below, the minimum rear
setback for buildings shall be 25 feet with
the installation of perimeter landscaping B.
When abutting an O, C or I District, the
minimum setback shall be zero feet. When
abutting other property designated by the
Consolidated Eastern Area Plan for non-single-
family residential land uses, the minimum
setback shall be 25 feet unless waived by the
director of planning at the request of the
adjacent property owner, in which case the
minimum setback shall be reduced to zero feet
provided there are no openings in the wall
built along the property line.
(2)
Except as noted below, the minimum rear
setback for drives and parking areas shall be
25 feet with the installation of perimeter
landscaping B. However, the minimum setback
may be reduced to seven and one-half feet with
the installation of perimeter landscaping F.
When abutting an O, C or I District, the
minimum setback shall be zero feet. When
abutting other property designated by the
Consolidated Eastern Area Plan for non-single-
family residential land uses, the minimum
setback shall be zero feet; however, if the
adjacent property is occupied by a residence,
a solid screen or fence at least four feet
high shall be installed unless waived by the
director of planning at the request of the
adjacent property o~ser.
(f)
Setbacks for gasoline pumps: Gasoline pumps,
canopies and drives serving gasoline pump islands
shall be separated from Route 10 by a building or
buildings served by such facilities.
Sec. 19-589.3. Enon Core District: Architectural treatment.
(a) Ail new buildings and building additions shall be
compatible with residential architecture. Residential design
features shall include, but not be limited to, articulation
of doors and windows, architectural ornamentation, and use of
residential materials such as brick and/or siding for walls
and asphalt shingle or simulated slate for roofs. There
shall be no visible flat or shed roofs permitted. Wall
offsets and varied rooflines shall be used on larger
buildings to create the appearance of several small buildings
clustered together. Within a project, compatibility shall be
achieved through the consistent use of a residential
architectural style, and using materials, fenestration, scale
and other architectural features appropriate to that style.
(b) Architectural treatment of all buildings shall be
compatible with buildings located within the same project or
within the same block or directly across any road, as
determined by the director of planning. At locations where
the existing buildings do not meet current Zoning Ordinance
requirements for architectural treatment, the director of
planning may approve a new architectural treatment or theme.
Compatibility may be achieved through the use of similar
02- 643
09/18/02
building massing, materials,
architectural features.
scale, colors or other
Sec. 19-589.4. Enon Core District: Heights.
No structure shall exceed a height of one and one-half
stories or 24 feet, whichever is less.
o o o
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
removed the following item from the Consent Agenda to allow
for public comment:
8.C.11.e. FROM CARRY L. COLE FOR AN EXCEPTION TO THE USE OF
PUBLIC WATER FOR A NEW RESIDENTIAL STRUCTURE
LOCATED ON ECOFF AVENUE
Mr. Garry Cole expressed concerns that staff has recommended
denial of his request based strictly on the drought
situation. He requested that the Board approve his request
for an exception to the use of public water for his residence
on Ecoff Avenue.
Mr. Bryant stated that staff's recommendation for denial is
based upon the Health Department's concerns relative to
failing wells due to the drought.
When asked, Mr. Cole stated that he wants to dig a deep well
on his property.
No one else came forward to speak to the issue.
Mr. Bob Bowers, Environmental Health Supervisor, stated that
staff recommended denial due to the number of well failures
with the current drought situation.
When asked, Mr. Bowers stated that drilling of this well
would not affect any other properties in the area because
they are on the county's water system.
Mr. Cole indicated he realizes if his well goes dry, he will
be responsible for the connection fee to the county's water
system.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved the request from Garry L. Cole for an exception to
the use of public water for a new residential structure
located at 5706 Ecoff Avenue. (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- 644
09/18/02
The following item was removed from the Consent Agenda for
Board discussion:
8.C.18. AM~3~ENT TO A PENDIN~ ZONING APPLICATION (CASE
01SN0121~ BOTTOMS PROPERTY) ORIGINALLY INITIATED
BY THE BOARD OF SUPERVISORS
Mr. Miller inquired about the nature and purpose of the
amendment.
Mr. Micas stated that the Board of Supervisors originally
initiated the zoning application because there was a
community need being served for the school and others by the
rezoning. He further stated that the applicant was asked by
the county to make some proffers., which only the landowner
can do, and the applicant agreed to do that. He stated that
the effect of the proffers resulted in land use rollback
taxes, which was not the county's intent. He further stated
that the amendment will withdraw the residential portion of
the application so that the rollback taxes would not apply,
which was the understanding when the case was first
initiated.
Mr. Miller expressed concerns that the rollback taxes would
be imposed if the county were not the applicant. He stated
that he is not comfortable supporting the request.
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
amended a pending zoning application (Case 01SN0121),
originally initiated by the Board of Supervisors, to delete
the residential portion of the request and include that
Agricultural (A) tract, shown on the map filed with the
papers of this Board, within tlhe Conditional Use Planned
Development.
Ayes: Warren, Barber, Humphrey and McHale.
Nays: Miller.
8. NEW BUSINESS
8.C. CONSENT ITEMS
8.C.1. ADOPTION OF RESOLUTIONS
8.C.1.&. CONFIRMING PROCEEDINGS OF THE CHESTERFIELD COUNTY
INDUSTRIAL DEVELOPMENT AUTHORITY TO SUPPORT AN
OFF-CAMPUS STUDENT HOUSING FACILITY AT VIRGINIA
STATE UNIVERSITY
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
adopted the following resolution:
WHEREAS, the Industrial Dew~lopment Authority of the
County of Chesterfield (the ~Authority") has considered the
application of Virginia State University Real Estate
Foundation, a Virginia nonstock, nonprofit corporation (the
"Foundation"), for the issuance of the Authority's student
housing revenue bonds, in an amount not to exceed $19,500,000
(the ~Bonds"), to assist in financing, directly or through an
affiliate, (a) all or a portion of the costs of an off-campus
student housing facility (the ~Project"), for the benefit of
02- 6~5
09/18/02
students at Virginia State University, to be located at the
corner of Hickory and Woodpecker Roads on a parcel of land in
the Village of Ettrick, in Chesterfield County, Virginia (the
~County"), and (b) certain costs of issuance of the bonds,
and has held a public hearing thereon on September 10, 2002;
and
WHEREAS, the Project is now expected to have
approximately 110 units on an approximately 15 acre parcel of
land; and
WHEREAS, the Board, on August 16, 2001, previously
approved the issuance of the Bonds (the "Initial Approval");
and
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; and
WHEREAS, the Authority has requested the Board to
approve the issuance of the Bonds to comply with Section
147(f) of the Internal Revenue Code of 1986, as amended (the
~Tax Code"), and Section 15.2-4906 of the Code of Virginia
(1950), as amended (the ~Virginia Code"); and
WHEREAS, a copy of the Authority's resolution agreeing
preliminarily to assist the Foundation with the financing of
the Project, upon terms to be agreed upon by the Authority
and the Foundation as expressed in such resolution, a record
of the public hearing and a "fiscal impact statement" with
respect to the Project have been filed with the Board.
BE IT RESOLVED BY THE
CHESTERFIELD COUNTY, VIRGINIA:
BOARD OF SUPERVISORS OF
1. The Board of Supervisors of Chesterfield County,
Virginia, approves the issuance of the Bonds by the
Industrial Development Authority of the County of
Chesterfield for the benefit of the Foundation, to the extent
required by the Tax Code and the Virginia Code, to permit the
Authority to assist in the financing of the Project.
2. The approval of the issuance of the Bonds, as
required by the Tax Code and the Virginia Code, does not
constitute an endorsement of the Bonds or the
creditworthiness of the Foundation, and, as required by
Section 15.2-4909 of the Virginia Code, the Bonds shall
provide that neither the County nor the Authority shall be
obligated to pay the Bonds or the interest thereon or other
costs incident thereto except from the revenues and moneys
pledged therefore, and neither the faith or credit nor the
taxing power of the Commonwealth, the County or the Authority
shall be pledged thereto.
3. This resolution shall take effect immediately upon
its adoption.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 64,6
09/~8/02
8 .C.l.b. REAFFIRMING THE COUNTY'S INTENT TO PROVIDE FUTURE
ANNUAL SUPPORT PAYMENTS FOR THE MAC~IE L. WALKER
C~F4ERNOR'S SCHOOL FOR C~VERNMENT AND INTERNATIONAL
STUDIES
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
adopted the following resolution:
WHEREAS, the Maggie L. Walker Governor's School for
Government and International Studies (the "Governor's
School") is a regional school established under and operating
pursuant to Va. Code Section 22.1-26, providing a unique
opportunity for high-achieving students from throughout the
Richmond Metropolitan region to learn cooperatively in a
challenging academic environment; and
WHEREAS, the Governor's School has relocated to the
historic Maggie Walker site, in the City of Richmond, opening
at such location in the 2001-2002 school year; and
WHEREAS, the Governor's School and related entities
financed the renovation and reconstruction of the Maggie
Walker site with a unique funding arrangement that utilized
public support, private funding, and State and Federal
historic tax credits; and
WHEREAS, both Chesterfield County and the Chesterfield
County School Board (~School Board") have a long-standing
tradition of support for the Governor's School and its
programs, which have enhanced the education of students of
Chesterfield County, with current County enrollment at the
Governor's School comprising approximately 200 students (the
largest number of any locality participating in the
Governor's School); and
WHEREAS, the County's support consists of both annual
operating amounts for County students and annual capital
payments for the renovation and reconstruction of the
Governor's School facilities; and
WHEREAS, the School Board approved this funding
structure in 1998, pursuant to a School Board Resolution
dated October 27, 1998, a copy of which is attached to this
resolution, under which the County has appropriated funds in
fiscal years 2000 through 2003 and for which the County's
Capital Improvement Program contains planned funding for the
Governor's School facilities through fiscal year 2008, and it
is the present intention of the County to plan for such
funding through 2017 in an amount not to exceed $200,000 per
fiscal year; and
WHEREAS, the County has been advised that its formal
approval of this arrangement will decrease the financing
costs of a portion of the private funding in respect of the
Governor's School and thereby increase the effectiveness and
efficiency with which the County's funding will contribute to
the Governor's School; and
WHEREAS, the County's continued support of the
Governor's School will enhance educational opportunities for
County students and benefit regional cooperation; and
WHEREAS, the County's share of annual capital component
payments shall not exceed $200,000 (such amount is the
~Annual Support Payment").
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD
SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA:
OF
02- 6~7
09/18/02
The Chesterfield County Board of Supervisors (the
~Board") does hereby reaffirm and express its
continued support and commitment to the Maggie L.
Walker Governor's School for Government and
International Studies.
The County Administrator of the County (the "County
Administrator") shall include the Annual Support
Payment in his budget submitted to the Board for
the following fiscal year as an amount to be
appropriated to the School Board to make the Annual
Support Payment to the Governor's School, or its
designee, including Maggie L. Walker High School
Renovation Foundation, Inc. (the "Foundation").
The County Administrator shall deliver to the
Governor' School, or such designee, within fifteen
days after the adoption of the County's budget for
each fiscal year, but not later than July 15 of
each year, a certificate stating whether the Board
has appropriated the Annual Support Payment.
If at any time during any fiscal year of the
County, the amount of such appropriation in the
budget of the County for the fiscal year is
insufficient to pay the Annual Support Payment,
upon notice from or on behalf of the Foundation,
the County Administrator will submit to the Board
at the next scheduled meeting of the Board, or as
promptly as practicable, a request for a
supplemental appropriation to cover the
insufficiency. Promptly after such meeting, the
County Administrator shall notify the Governor's
School or its designee as to whether the amount so
requested was appropriated. If the Board does not
make any such appropriation, the County
Administrator shall add the amount of such
requested appropriation to the Annual Support
Payment requested by the County Administrator for
the County's next fiscal year.
The Board is willing to provide a non-binding
obligation to appropriate such amounts pursuant to
paragraphs 2 and 3 above, but only to the extent
and in such manner as may be consistent with the
Constitution and laws of the Commonwealth of
Virginia. The Board, while recognizing that it is
not empowered to make any binding commitment to
make such appropriations in future fiscal years,
hereby states its current intent to make such
appropriations in future fiscal years during the
term of the Board and hereby recommends that future
Boards of Supervisors do likewise.
Nothing contained in this resolution is or shall be
deemed to be a lending of the credit of the County
to the Governor's School or to any other person or
entity and nothing contained in this resolution is
or shall be deemed to be a pledge of the faith and
credit or the taxing power of the County, nor shall
anything herein contained in this resolution be
legally binding or obligate the Board to
appropriate funds for the purposes described in
this resolution.
o
This Resolution shall take effect immediately upon
passage.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 648
09/~8/02
8.C.l.c. SUPPORTING T~ INSTALLATION OF SIGNS ADVISING OF AN
ADDITIONAL MAXIMUM $200 F:CNE FOR EXCEEDING POSTED
SPEED LIMIT ON ROYAL BIRKDALE DRIVE
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
adopted the following resolution:
WHEREAS, the Chesterfield County Board of Supervisors
has received a request to install signs on Royal Birkdale
Drive (Route 5021) indicating a maximum additional fine for
speeding of $200, in addition to other penalties provided by
law; and
WHEREAS, Royal Birkdale Driw~ is a local residential
street with a posted speed limit of 25 mph; and
WHEREAS, VDOT collected speed data on Royal Birkdale
Drive in 2000 indicating that the average speed of vehicles
ranged from 33 to 36 miles per hour, with 105 vehicles
observed exceeding 40 miles per hour; and
WHEREAS, the request for the increased fine has the
support of both the Birkdale Community Association and the
Birkdale Neighborhood watch.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors requests the W[rginia Department of
Transportation to install signs advising of an additional
maximum $200 fine for exceeding the posted speed limit on
Royal Birkdale Drive (Route 5021).
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.2. SET DATES FOR PUBLIC HEARIngS
8.C.2.&. TO CONSIDER ELECTRONIC S~MISSIONS FOR CERTAIN SITE
PLAN AND SUBDIVISION APPROVALS AND RELATED FEES
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
set the date of October 9, 2002 at 7:00 p.m. for a public
hearing to consider an ordinance relating to electronic
submissions for certain site plan approvals and related fees.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.2.b. TO CONSIDER TH~ ADOPTION OF AN ~NT TO THE
PLAN FOR C~4~STERFIELD ENTITLED WATER QUALITY
PROTECTION PLAN
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
set the date of November 13, 2002 at 7:00 p.m. for a public
hearing to consider the adoption of the Water Quality
Protection Plan, an amendment to The Plan for Chesterfield.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02-
09/18/02
8 · C. 2. c · TO CONSIDER AN ORDINANCE ESTABLISHING THE ~ARSENAL
DRIVE, HINSHAW DRIVE, DARBY DRIVE AND DARBY CIRCLE
WATER ASSESSMENT DISTRICT"
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
set the date of November 13, 2002 at 7:00 p.m. for a public
hearing to consider an ordinance establishing the ~Arsenal
Drive, Hinshaw Drive, Darby Drive and Darby Circle Water
Assessment District."
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8 .C.2 .d.
TO CONSIDER AMENDING AN EXISTING ORDINANCE TO
MODIFY THE "VICTORIA LANE WATER ASSESSMENT
DISTRICT"
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
set the date of November 13, 2002 at 7:00 p.m. for a public
hearing to consider amending an existing ordinance to modify
the "Victoria Lane Water Assessment District" by adding one
property.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.2.e. TO CONSIDER AN ORDINANCE ESTABLISHING A SEPARATE
TAX CLASSIFICATION AND RATE FOR BIOTECHNOLOGY
EQUIP~-NT
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
set the date of October 9, 2002 at 7:00 p.m. to consider an
ordinance establishing a separate tax classification and rate
for biotechnology equipment and setting the rate at $1.00 per
$100 of assessed value.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.2.f. TO CONSIDER AMENDING THE COUNTY CODE RELATING TO_
PARTIAL TAX EXEMPTION FOR REHABILITATED, RENOVATED
AND REPLACEMENT STRUCTURES
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
set the date of October 9, 2002 at 7:00 p.m. for a public
hearing to consider ordinance amendments relating to partial
tax exemption for rehabilitated, renovated and replacement
structures.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 650
09/18/02
8.C.2.g. TO CONSIDER COMCAST'S PROPOSED BATE INCREASE FOR
LIMITED BASIC CABLE SERVICE
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
set the date of October 9, 2002 at 7:00 p.m. for a public
hearing to consider Comcast's proposed rate increase for
limited basic cable service.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.3. STATE ROAD ACCEPTANCE
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
adopted the following resolution:
?~EREAS, 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.
TYI~ Chan.e to the $~:ondarv System of State Hlahwa~rs: .Additl0q
Basis for Change: Addition, New subdivision street
Statutory Reference: ~33.1-229
Project: Swift Creek Crossing, Section 4
· Misty Spring Court, State Route Number: 5374
From: Misty Spdng Dr., (Rt. 5373)
To: Cul-de-sac, a distance of: 0.03 miles.
Right-of-way record was filed on 1/24/2001 with the Office Of Clerk To Circuit Court in Pb. 115; Pg. 50,
with a width of 50 Ft.
·
From:
To:
Misty Spring Drive, State Route Number: 5373
Swift Crossing Dr., (Rt. 4413)
0.04 Mi. S of Swift Crossing Dr,, (Rt. 4413), a distance of: 0.04 miles.
02- 651
09/18/02
Right-of-way record was filed on 1/24/2001 with the Office Of Clerk To Cimuit Court in Pb. 115; Pg. 50,
with a width of 53 Ft.
· Misty Spring Drive, State ,Route Number: 5373
From: Swift Crossing Dr., (Rt. 4413)
To: Misty Spring Ct., (Rt. 5374), a distance of: 0.08 miles.
Right-of-way record was filed on 1/24/2001 with the Office Of Clerk To Circuit Court in Pb. 115; Pg. 50,
with a width of 53 Ft.
· Misty Spring DHve, State Route Number: 5373
From: Misty Spring Ct., (Rt. 5374)
To: Misty Spring PI., (Rt. 5375), a distance of: 0.10 miles.
Right-of-way record was filed on 1/24/2001 with the Office Of Clerk To Circuit Court in Pb. 115; Pg. 50,
with a width of 53 Ft.
· Misty Spring DHve, State Route Number: 5373
From: Misty Spring PI., (Rt. 5375)
To: Claypoint Rd., (Rt. 651), a distance of: 0.11 miles.
Right-of-way record was filed on 1/24/2001 with the Office Of Clerk To Circuit Court in Pb. 115; Pg. 50,
with a width of 53 Ft.
· Misty Spring Place, State Route Number: 5375
From: Misty Spring Dr., (Rt. 5373)
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was flied on 1/24/2001 with the Office of Clerk To Circuit Court in Pb. 115; Pg. 50,
with a width of 50 Ft.
· Swift Crossing Drive, State Route Number: 4413
From: 0.03 Mi. W of Beaver Spring Rd., (Rt. 4405)
To: Misty Spring Dr., ( Rt. 5373), a distance of: 0.14 miles.
Right-of-way record was filed on 1/24/2001 with the Office Of Clerk To Circuit Court in Pb. 115; Pg. 50,
with a width of 53 Ft.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.4. AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO EXECUTR
THE SERVICE AGREEMENT WITH THE CENTRAL VIRGINIA WASTR
[~G~vJ~t~' AUTHORITY FOR RECYCLING USED PROPANE TAN~8
AT THE COUNTY TRANSFER STATIONS
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
authorized the County Administrator to execute the service
agreement with The Central Virginia Waste Management
Authority for recycling used propane tanks at the county
transfer stations.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 652
09/18/02
8.C.5. AUTHORIZATION TO CREATE A ~LL-TIME POSITION FOR THE
SCHOOL ~ALTH SERVICES PRO~]SAM TO REPLACE A STATE
POSITION
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
created a new Public Health Nurse position in the Health
Department.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.6. CONSIDERATION OF A PUBLIC SAFETY DATA COMMUNICATIONS
SYSTEM CONTRACT WITH MOTOROLA, INCORPORATED
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
authorized the County Administrator to enter into a Data
Communications System contract in the amount of $10,777,776
with Motorola, Incorporated.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.7. APPROVAL OF WATER CONTRACTS
8 .C.7 .&.
FOR 6041 WOODPECKER ROAD WATER LINE EXTENSION
PROJECT
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved the following water contract for 6041 Woodpecker
Road Water Line Extension, which includes an extension of 60
L.F. + of 16-inch oversized water lines and 50 L.F. ~ of
offsite water lines:
Developer:
Contractor:
Contract Amount:
Code:
District:
Robert L. & W. Ann Dillon
Chesterfield County Utilities
Estimated County Cost
for Oversizing .........
Estimated County' Cost
for Offsite ..........
Estimated Developer Cost ....
Estimated Total ........
(Cash Refunds - Oversizing)
(Refunds thru Connections - Offsite)
Matoaca
$1,560.00
$1,700.00
$678.72
$3,939.32
5B-572WO-E4C
5B-572VO-E4D
(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- 653
09/18/02
8.C.7.b. FOR SECOND BRANCH, SECTION 7 PROJECT
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved the following water contract for Second Branch -
Section 7, Contract Number 00-0060, which includes an
extension of 1,757 L.F. + of 12-inch oversized water lines
and 1,690 L.F. + of offsit~ water lines:
Developer:
Contractor:
Contract Amount:
Code:
District:
Dural Development
J. Steven Chafin, Inc.
Estimated County Cost for
Oversizing ..........
Estimated County Cost for
Offsite ............
Estimated Developer Cost
Estimated Total ........
(Cash Refunds - Oversizing)
(Refunds thru Connections - Offsite)
Matoaca
$17,098.00
$7,352.40
$29,280.60
$53,731.00
5B-572WO-E4C
5B-572VO-E4D
(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.C.7 .c.
FOR 4000 NEWBYS BRIIX~E ROAD WATER EXTENSION -
CHILDREN'S HOUSE
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved the following water contract for 4000 Newbys Bridge
Road Water Extension - Children's House, Contract Number 02-
0018, which includes an extension of 365 L.F. + of 16-inch
oversized water lines and 130 L.F. + of offsite w~ter lines:
Developer:
Contractor:
Contract Amount:
The Children's House, Inc.
Infracorps of Virginia, Inc.
Estimated County Cost for
Oversizing ..........
Estimated County Cost for
Offsite ............
Estimated Developer Cost
Estimated Total ........
Code: (Refunds thru Connections - Oversizing)
(Refunds thru Connections - Offsite)
District: Matoaca
$10,890.00
$1,985.00
$17,325.00
$30,200.00
5B-572VO-E4C
5B-572VO-E4D
(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.C.8. APPROVAL OF THE PURCHASE OF A PARCZL OF LAND FOR A
PRESSURE REDUCING VAULT
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved the purchase of a parcel of land containing 0.019
acres, more or less, for $2,000, from Alden J. Horner, Jr.
and Sara S. Horner for a pressure reducing vault, and
authorized the County Administrator to execute the sales
contract and 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- 654
09/18/02
8.C.9. REQUEST TO QUITCLAIM PORTIONS OF TWO SIXTEEN-FOOT
WATER EASEMENTS ACROSS THE PROPERTY OF WILTON
PARTNERS CHESTERFIELD 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
portions of two 16-foot water easements across the property
of Wilton Partners Chesterfield 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.C.10. ACCEPTANCE OF A PARCEL OF LAND ALONG THE NORTH RIGHT
OF WAY LINE OF HICKORY ROAD FROM JAMES MADISON
ARCHER
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
accepted the conveyance of a parcel of land containing 0.189
acres along the north right of way line of Hickory Road
(State Route 628) from James Madison Archer, 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.C.11. REQUESTS FOR PERMISSION
8.C.11.&. FROM DOUGLAS L. FIELDS AND ANITA B. FIELDS TO
INSTALL A PRIVATE WATER SERVICE WITHIN A FIFTY-
FOOT UNIMPROVED COUNTYRIGHT OF WAY TO SERVE
PROPERTY ON WALMSLEY BOULEVARD
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved a request from Douglas L. Fields and Anita B. Fields
for permission to install a private water service within a
50-foot unimproved county right of way, subject to the
execution of a license agreement, and authorized the County
Administrator to execute the water connection agreement. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.11.b.
FROM GEORGE JEFFERSON S]?ENCE AND VICTORIA E.
SPENC; TO INSTALL A PRIVATE WATER SERVICE WITHIN A
PRIVATE EASEMENT AND C~]NTY WATER AND DRAINAGE
EASE~t~NT TO SERVE PROPERTY ON OLD STAGE ROAD
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved a request from George Jefferson Spence and Victoria
E. Spence for permission to install a private water service
within a private easement and county water and drainage
easement, subject to the execution of a license agreement,
and authorized the County Administrator to execute the water
02- 655
09/18/02
connection agreement. (It is noted copies of the plats are
filed with the papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.11.c. FROM HARRY DAVIS, JR. AND TERESA M. DAVIS FOR_~=~
ABOVE GROUND SWIMMING POOL AND DECK TO ENCR_OAC~
WITHIN A TEN-FOOT TEMPORARY CONSTRUCTION EAS~
ACROSS LOT 6, BRITTONWOOD, SECTION 3
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved a request from Harry Davis, Jr. and Teresa M. Davis
for permission for an above ground swimming pool and deck to
encroach within a ten-foot temporary construction easement
across Lot 6, Brittonwood, Section 3, subject to the
execution of a license agreement.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.11.d.
FROM TRUSTEES OF CLOVEREILL CON~RE~ATION OF
JEHOVAH'S WITNESSES FOR A PRIVATE SEWER FORCE MAIN
TO F2~CROACH WITHIN A SIXTEEN-FOOT SEWER EAS~
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved a request from the Trustees of Cloverhill
Congregation of Jehovah's Witnesses for permission for a
private sewer force main to encroach within a 16-foot sewer
easement, subject to the execution of a sewer connection
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.C.12. CONFIRMATION OF ACTION BY COUNTY ADMINISTRATOR To
AN~-D T~E MILITARY LEAVE ADmINISTRATiVE PROCm~URE TO
PAY ACTIVE DUTY EMPLOYEES THE DIFFERENCE BETWeeN
T~L~R MILITARY PAY AND THEIR COUNTY PAY FRO~ OCTOBER
1, 2002 '£~KOUGH ~u~ 30, 2003
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
confirmed the action of the County Administrator to amend the
Military Leave Administrative Procedure to pay active duty
employees the difference between their military pay and their
county pay from October 1, 2002 through June 30, 2003.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.13. APPROVAL OF NAMING THE POINT OF ROCKS PARK FOR MR.
R. GARLAND DODD
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved the naming of Point of Rocks Park, the UR. Garland
Dodd Park at Point of Rocks."
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 656
09/18/02
8 .C.14. TRANSFER OF DISTRICT IMPR(FVE14ENT FUNDS
8.C.14 .&. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND
8.C.I&.&.I. TO THE PARKS AND RECRK~TION DEPARTMENT TO
PURCHASE A FLAGPOLE AND FLAGS FOR BENSLEY PARK
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
transferred $444 from the Bermuda District Improvement Fund
to the Parks and Recreation Department to purchase a flagpole
and flags for Bensley Park.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.14.&.2. TO THE POLICE DEPARTMENT TO PURCHASE A COMPUTER
FOR THE JEFFERSON DAVIS HIGHWAY COMMUNITY POLICE
PRECINCT OFFICE
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
transferred $3,000 from the Bermuda District Improvement Fund
to the Police Department to purchase a computer for the
Jefferson Davis Highway Community Police Precinct Office.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.14.&.3. TO HENRICUS FOUNDATION FOR HENRI~S PUBLICK DAYS
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
transferred $500 from the Bermuda District Improvement Fund
to the Henricus Foundation to offset the cost of providing a
shuttle service for Henricus Publick Days.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.1~.b.
FROM TH~ DALE DISTRICT ]iMPROVEMENT FUND TO THE
SCHOOL BOARD TO PURCHASE BENCHES FOR THE FOO'r~ALL
FIELD AT MEADOWBROOK HIGH SCHOOL
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
transferred $750 from the Dale District Improvement Fund to
the School Board to purchase benches for the football field
at Meadowbrook High School.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.14.c. FROM ~ MATOACA DISTRICT IMPROVEMENT FUND TO THE
SCHOOL BOARD TO PURCHASE TWO-WAY SECURITY RADIOS
FOR ALBERTA SMITH ELEMF2,~TARY SCHOOL
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
transferred $1,000 from the Matoaca District Improvement Fund
to the School Board to purchase two-way security radios for
Alberta Smith Elementary School.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 657
09/18/02
8.C.14.d.
FROM THE CLOVER HILL, MIDLOTHIAN, 14ATOACA, BERMUDA
AND DALE DISTRICT IMPROVEMENT FUNDS TO THE PARKS
AND RECREATION DEPARTMENT TO PURCHASE SKATEBOARD
EQUIPMENT, AND AUTHORIZATION F0. R COUNTY
ADMINISTRATOR TO EXECUTE A LEASE AND OPERATION
AGI~EEMENT WITH VISION 21
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
transferred $10,000 from the Clover Hill District Improvement
Fund and $2,500 each from the Midlothian, Matoaca, Bermuda
and Dale District Improvement Funds (total of $20,000) to the
Parks and Recreation Department to purchase skateboard
equipment.
And, further, the Board authorized the County Administrator
to execute a Lease and Operation Agreement with Vision 21.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8 .C.15.
APPROVAL OF A SURFACE WATER DRAINAGE FACILITY
AGREEMENT WITH CSX TRANSPORTATION
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
authorized the County Administrator to execute a Surface
Water Drainage Facility Agreement with CSX Transportation for
the installation of drainage improvements for Mineola Heights
Subdivision. (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.C.16. AUTHORIZATION TO AWARD CONSTRUCTION CONTRACT FOR T~
GENITO ROAD/WOOLRID~E ROAD PROJECT
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
authorized the County Administrator to award a construction
contract, up to $1,320,000, to the lowest responsible bidder
for the Genito Road/Woolridge Road Project.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.17. APPROVAL OF UTILITY CONTRACTS
8.C.17.a. FOR ROCKWOOD TERRACE TOWNHOUSES
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved the following utility contract for Rockwood Terrace
Townhouses, Contract Number 94-0162, which includes 372 L.F.
+ of six-inch sewer laterals:
Developer:
Contractor:
Contract Amount:
BTC Partners
A. Bertozzi Inc.
Estimated County Cost for
Additional Work .......
Estimated Developer Cost.
Estimated Total .......
$4,933.00
$132,464.00
$137,397.00
02- 658
09/18/02
Code:
District:
(Refunds thru Connections -
Additional Work)
Matoaca
5N-572VO-E4D
(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.C.17.b. FOR CREEKPOINTE APARTMENTS
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved the following utility contract for Creekpointe
Apartments, Contract Number 01-0374:
Developer:
Contractor:
Contract Amount:
Code:
District:
Creekpointe Associates, LP
Castle Equipment Corporation
Estimated County Cost for
Oversizing ..........
Estimated Developer Cost
Estimated Total ........
(Refunds thru Connections -
0versizing)
Matoaca
$26,114.00
$289,050.00
$315,164.00
5B-572VO-E4C
(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.A. STREETLI~HT INSTALLATION APPROVAL
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
request in
approved the following streetlight installation
the Clover Hill District:
· Cross Creek Apartments and Townhomes community
Pocoshock Boulevard, at the school bus stop located
midway between the north and south loop intersections
of Newbys Crossing Drive and Pocoshock Boulevard
Cost to install streetlight: $1,129.48
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.B. APPOINTMENTS
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
suspended its rules at this time to allow simultaneous
nomination/appointment/reappointment of members to serve on
Virginia's Gateway Region Board and the Parks and Recreation
Advisory Commission.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 659
09/18/02
8.B.1. VIRGINIA'S ~ATEWAY REGION BOARD
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
simultaneously nominated/reappointed Mr. Gary Thomson, Mr.
Jim Daniels and Mr. J. L. McHale, III, at-large members to
serve on Virginia's Gateway Region Board (formerly the
Appomattox Basin Industrial Development Corporation), whose
terms are effective September 30, 2002 and expire September
30, 2003.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.B.2. PARKS AND RECREATION ADVISORY COMMISSION
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
simultaneously nominated/appointed Mr. .Tim Russell,
representing the Matoaca District, to serve on the Parks and
Recreation Advisory Commission, whose term is effective
immediately and expires December 31, 2003. (It is noted Mr.
Russell will fill the vacancy of Mr. Ron Stack.)
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 Mrs. Humphrey, seconded by Mr. McHale, the Board
accepted a Status Report on the General Fund Balance, Reserve
for Future Capital Projects, District Improvement Funds and
Lease Purchases.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
11. DINNER
On motion of Mr. McHale, seconded by Mr. Warren, the Board
recessed to the Administration Building, Room 502, for dinner
until 7:30 p.m.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Reconvening:
12. INVOCATION
Reverend Henry Riley, Jr., Pastor
Methodist Church, gave the invocation.
of Centenary United
02- 660
09/18/02
PLEDGE OF ALLEgiANCE TO THE FL~ OF THE UN~TED STATES OF
AMERIC~
Eagle Scout Patrick Andrew Gorham led the Pledge
Allegiance to the flag of the United States of America.
of
14. RESOLUTIONS AND SPECIAL RECOGNITIONS
14.A. RECOGNIZING OCTOBER 17, 2002, AS ~CHRISTMAS MOTHER
DAY"
Mr. Hammer introduced Mrs. Margaret Turner who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, most families in Chesterfield County enjoy
peace and happiness during the Christmas holidays; and
WHEREAS, there are many, including children, the elderly
and the less fortunate, who do not have the means to enjoy
this special time of year; and
WHEREAS, the Chesterfield/Colonial Heights Christmas
Committee has successfully provided food, gifts, and clothing
to many of our citizens in the past; and
WHEREAS, Mrs. Margaret Turner ihas been elected Christmas
Mother for 2002 and requests support of all the citizens of
the County to ensure that those less fortunate may enjoy this
special season of the year.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes October 17,
2002 as "Christmas Mother Day" and urges all citizens of
Chesterfield County to support this worthy endeavor.
AND, BE IT FURTHER RESOLVED, that the Board of
Supervisors publicly co~ends the Christmas Committee for
their very successful efforts in past years and extends best
wishes for a successful 2002 season.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mrs.. Turner 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 a
contribution, on behalf of the county, to Mrs. Turner,
accompanied by several members of the Christmas Mother
Committee, and wished her well in ]her endeavors as Christmas
Mother.
Mrs. Turner expressed appreciation to the Board for its
support of the Christmas Mother Program, and stated that this
year's theme is "American Generosity at Work."
02- 661
09/18/02
14.B. RECOGNIZING OCTOBER 6-12, 2002, AS ~LEC, AL A~SISTANTS'
WEEK"
Mr. Kappel introduced Ms. Ann Knobbe, President of the
Richmond Association of Legal Assistants, who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, legal assistants and paralegals provide
competent and essential professional services to licensed
attorneys throughout Virginia; and
WHEREAS, legal assistants and paralegals receive formal
education and training and gain valuable experience working
under the supervision of licensed attorneys; and
WHEREAS, the educational standards and professional
guidelines issued by the Virginia Alliance of Legal Assistant
Associations ensure that legal assistants must meet certain
guidelines and they must perform competently under these
guidelines; and
WHEREAS, the research and administrative work done by
legal assistants and paralegals are essential to attorneys'
ability to provide their clients with quality legal services
and representation; and
WHEREAS, the Virginia Alliance of Legal Assistant
Associations (VALAA) is made up of nine member organizations
that provide legal assistants with educational programs,
seminars and forums designed to exchange ideas and methods
used in their occupation; and
WHEREAS, the VALAA encourages legal assistants and
paralegals to perform at a high degree of ethical and
professional conduct and proficiency by issuing a code of
ethics for legal assistants and paralegals to follow.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes October 6-12,
2002 as "Legal Assistants' Week" in Chesterfield County.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. Miller presented the executed resolution to Ms. Knobbe
and expressed appreciation for the services provided by all
legal assistants including his own.
Ms. Knobbe expressed appreciation to the Board for the
recognition.
i&.C. RECOGNIZING MR. PATRICK ANDREWC, ORHAM UPON ATTAININ~
w~ RANK OF EA~LE SCOUT
Mr. Hammer introduced Mr. Patrick Gorham who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
02- 662
09/18/02
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. Patrick Andrew Gorham, Troop 879, sponsored
by Saint Mark's United Methodist Church, has accomplished
those high standards of commitment and has reached the long-
sought goal of Eagle Scout, which is earned by only four
percent of those individuals entering the Scouting movement;
and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Patrick 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. Patrick Andrew Gorham 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.
Mrs. Humphrey presented the executed resolution and patch to
Mr. Gorham, accompanied by his mother, congratulated him on
his outstandin~ achievement, and wished him well in his
future endeavors.
Mr. Gorham expressed appreciation to the Board for the
recognition and also to Saint Luke's United Methodist Church
and his mother for their support.
14.D. RECO~NIZINGMR. KYLE DOEBLER FOR HIS OUTSTANDIN~
PERFORMANCE AS KEYNOTE SPEAKER ON SEPTEMBER 11, 2002
Mr. Kappel introduced Mr. Kyle Doebler who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, since 1776, America has stood as a beacon of
freedom, liberty and justice, beckoning people from all parts
of the world; and
02- 663
09/18/02
WHEREAS, After 226 years, America continues to stand for
those virtues, and gives hope to millions around the globe;
and
WHEREAS, these same attributes that Americans hold dear
have engendered fear, envy and hatred among terrorists,
including the Taliban and A1-Queda organizations; and
WHEREAS, on September 11, 2001, these terrorist
organizations launched brutal, cruel and cowardly attacks on
innocent men, women and children in a hijacked aircraft in
Pennsylvania; in an aircraft and on the ground at the
Pentagon, and in another aircraft and at the World Trade
Center in New York City; and
WHEREAS, on September 11, 2002, more than 700
Chesterfield County residents gathered at the Southside
Church of the Nazarene to commemorate those victims of
terrorism; and
WHEREAS, Mr. Kyle Doebler, a Senior at Monacan High
School, was the keynote speaker at this event; and
WHEREAS, Mr. Doebler delivered extraordinarily
articulate, thoughtful and meaningful remarks that spoke of
the strength of America and of the fear by dictators and
terrorists that America's values, if imitated and adopted in
their own lands, would mean their own inevitable fall from
power; and
WHEREAS, Mr. Doebler's remarks were very well received
by all in attendance, and were characterized by exceptional
clarity and poise.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
Board of Supervisors publicly recognizes Mr. Kyle Doebler,
expresses its gratitude to him for sharing his thoughts on
this memorable occasion, and wishes him continued success in
all his endeavors.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. Warren presented the executed resolution to Mr. Doebler,
commended him on his excellent presentation, and wished him
well in his future endeavors.
Mr. Doebler presented the
September 11, 2002 event.
remarks
he delivered at the
Mr. Doebler received a standing ovation.
O SPECIAL PRESENTATION TO FIRE DEPARTMENT
Deputy Chief Frank Edwards introduced Dr. Maureen Heck and
Ms. Nancy Wells, members of the American Sewing Guild, to
make a presentation to the Fire Department.
Dr. Heck and Ms. Wells presented a hand-made patriotic quilt
to Chief Elswick, on behalf of the Fire Department.
02- 664
09/18/02
16. ~rm.%RINGS OF CITIZENS ON UNSCHEI~L~D MATTERS OR CLAIMS
o MR. DANIEL P. COLLINS TO ADDRESS THE BOARD REGARDING
IMPACT OF THE CURRENT WATER RESTRICTIONS ON T~E
LAWN CARE BUSINESS
Mr. Daniel Collins expressed concerns that car washes,
swimming pool companies and golf courses are freely allowed
to use water, yet lawn care businesses are being restricted
during aeration and seeding season. He stated that turf
grass reduces pollution and also reduces heating and cooling
costs. He expressed concerns that he is in danger of losing
his business. He requested that the Board allow minimal
watering for refurbishing of lawns.
On motion of Mr. Warren, seconded by Mr. McHale, the Board
suspended its rules at this time to add Item 16.A., Adoption
on an Emergency Basis of an Amendment to the Ordinance
Imposing Mandatory Restrictions on the Use of Public Water,
Surface Water and Ground Water in Accordance with the
Governor's Executive Order, to the.Agenda.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
16.A. ADOPTION ON AN EMERGENCY BASIS OF AN AHENDMENT TO THE
ORDIANCE IMPOSING MANDATORY RESTRICTIONS ON THE USE OF
PUBLIC WATER, SURFACE WATER AND GROUNDWATER IN
ACCORDANCE WITH THE C, OVERNOR'S EXECUTIVE ORDER
Mr. Warren recognized seven persons in the audience who are
in the lawn care business that were present at the meeting.
He stated that Governor Warner has amended his Executive
Order to keep lawn care services from being detrimentally
impacted. He further stated that the proposed amendment will
allow people who aerate and seed to water their lawns on an
odd-even schedule.
Mr. Bryant stated that water consumption averaged 50 million
gallons per day prior to adoption by the Board of the odd-
even restrictions; 35 million gallons per day during the odd-
even restrictions; and 29 million gallons per day since the
more restrictive ordinance was adopted. He further stated
that it is difficult to determine the impact of the proposed
amendment.
Discussion ensued relative to Henrico, Hanover and Richmond
allowing their residents unlimited lawn watering for 30 days
after aerating and reseeding.
Mr. Ramsey stated that the proposed ordinance would allow
watering on an odd-even schedule for 30 days or until October
31, 2002.
Mr. Warren stated that lawn care professionals have indicated
that newly seeded lawns require more than three days a week
of watering; therefore, other localities have adopted a
maximum of 30 days of watering.
Mr. Miller stated that he does not want to penalize lawn care
businesses, but expressed concerns as to what will happen in
the spring if the drought continues.
02- 665
09/18/02
Discussion ensued relative to enforcement of the proposed
ordinance.
Mr. Bryant stated that odd-even watering of refurbished lawns
could be much more easily enforced than allowing unlimited
watering for 30 days.
Mr. Barber expressed concerns relative to enforcement and
stated that he fears water consumption will increase if
refurbished lawns are allowed to be watered for 30 days
without any limitations.
Mr. Warren made a motion for the Board to adopt the proposed
ordinance with elimination of all references to the odd-even
watering schedule, thereby allowing unlimited watering of
refurbished lawns for 30 days or until October 31, 2002,
whichever comes earlier.
Mr. Barber expressed concerns that Mr. Warren's amendment to
the proposed ordinance allows much more watering and will be
more difficult to enforce. He stated that he cannot support
the motion.
Mr. McHale seconded Mr. Warren's motion. He stated that he
feels strongly that water restrictions are needed and is
concerned about allowing watering for 30 days, but realizes
that most people who refurbish their lawns would have already
done so by now. He stated that, because of lost watering
time that has already occurred, he feels it would be
appropriate to allow watering of refurbished lawns for 30
days and there will be no greater impact than if the odd-even
watering procedure had been in place since the Board's
adoption of the Governor's original restrictions.
Mrs. Humphrey stated that the ordinance will provide relief
for five weeks only by allowing lawn care professionals to
move forward with their fall contracts, and indicated that
she will support the motion.
Mr. Miller stated that he cannot support Mr. Warren's motion
that would allow unlimited watering of refurbished lawns and
would be more difficult to enforce.
Mr. Collins stated that, until new seed germinates, it must
be sprinkled lightly each morning in order to stay moist. He
further stated that lawn care professionals will educate
their customers to water lightly and, after the seed
germinates, to use much less water.
Mr. Barber stated that he could support the ordinance if it
limited the watering of lawns to those that have been aerated
and seeded by professional lawn care businesses because it
would provide for education of the residents as well as an
enforcement mechanism for the ordinance.
Mr. Micas stated that ordinances should be of general
applicability, and he would not recommend an ordinance that
would allow one seqment of the community to do something that
others could not.
Mr. Ramsey noted that 70 percent of the county's water supply
comes from reservoirs and water that is being saved is water
02- 666
09/18/02
in the reservoir available for Chesterfield County next
spring, if needed. He further stated that approximately 20
days of water has been saved through the restrictions. He
stated that this was the basis for the difference in the
county's watering restrictions and those of neighboring
jurisdictions.
Mr. Miller called for a vote on the motion of Mr. Warren,
seconded by Mr. McHale, for the Board to adopt the following
ordinance, as amended, on an emergency basis:
AN ORDINANCE AMENDING THE O}~INANCE SUSPENDING
THE COUNTY MANDATORY RESTRICT]IONS ON USE OF PUBLIC
WATER AND IMPOSING MANDATO~ RESTRICTIONS ON THE
USE OF PUBLIC WATER, SURFACE WATERS AND GROUND
WATER IN ACCORDANCE WITH THE GOVERNOR'S EXECUTIVE ORDER
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
1. That the
follows:
following ordinance is hereby adopted as
Sec. 1. Suspension of mandatory restrictions on use of
public water. Due to the adoption by the Governor of
Virginia of Executive Order 33 on August 30, 2002, the County
ordinance imposing mandatory restrictions on use of public
water adopted by the Board of Supervisors on an emergency
basis on July 24, 2002 and readopted on August 28, 2002,
hereafter referred to as the County Mandatory Water
Restriction Ordinance is hereby suspended until such time as
Executive Order 33 is no longer in force and effect as to
Chesterfield County. At such time as Executive Order 33 is
no longer in force and effect as to Chesterfield County, the
County Mandatory Water Restriction Ordinance shall
immediately become effective again.
Sec. 2. Mandatory water use restrictions.
No public water, ground[ water, or surface water
shall be used for any of the activities prohibited
by Executive Order 33, or by any modification
hereafter made to Executive Order 33. Any
modification to the water use prohibitions adopted
by the Governor shall ibe prohibited in the County
by this ordinance, mutatis mutandis. Except as set
forth in subparagraph (b) of this section, if
Executive Order 33 is amended, superseded or
otherwise modified in a way that permits a water
use that is not permitted by the County Mandatory
Water Restriction Ordinance, or if the Drought
Coordinator grants an exception to the restrictions
of the Executive Order that permits a water use
that is not permitted by the County Mandatory Water
Restriction Ordinance, then the prohibition of the
County Mandatory Water Restriction Ordinance shall
be in full force and effect, and the water use that
would otherwise have been permitted by such
amendment, supersession, modification or exception
shall still be prohibited in Chesterfield County as
provided in such Ordinance. In addition, washing
paved areas is prohibited except for health and
safety requirements.
02- 667
09/18/02
Watering of newly established lawns and watering of
lawns that have been aerated and/or thatched and
overseeded, shall be permitted for a period of
thirty (30) days after the new lawn has been
planted or the existing lawn has been seeded, or
until October 31, 2002, which ever comes earlier.
Watering is prohibited after October 31, 2002. Ail
lawn watering not expressly permitted by this
section is prohibited.
Sec. 3. These restrictions shall take effect immediately
upon adoption of this ordinance.
Sec. 4. It shall be a violation of this ordinance for any
person to use water or allow, or cause the use of water in
violation of any of the provisions of this ordinance.
Sec. 5. Penalty. The provisions of section 6 of the County
Mandatory Water Restriction Ordinance shall apply to
violations of this ordinance. In addition, notice of
assessment of fines imposed on violators who are not users of
the public water system shall be sent to the address where
the violation took place.
Sec. 6. This ordinance shall not be set out in the Code.
(2) That this ordinance shall take effect immediately
and shall expire upon the termination of Executive Order 33
as it affects Chesterfield County, at which time the County
Mandatory Water Restriction Ordinance shall once again become
effective.
Ayes: Warren, Humphrey and McHale.
Nays: Miller and Barber.
(It is noted the Board will consider re-adoption of the
ordinance at the public hearing already scheduled for October
9, 2002.)
Mrs. Humphrey requested that Mr. Miller invite Mr. Collins to
be a guest at the next taping of Chesterfield Matters.
15.
REQUESTS FOR MOBILE HOME PERMITS AND REZONIN~ PI-%C~D OB
'£~ CONSENT AGENDA TO BE HEARD IN TN~ FO?-?~WIN~ ORDERs
- W~THDRAWALS/DEFERRALS - CASES WR~RE ~ APPLICANT
ACCEPTS THE RECOMNmNIIATIONAND T~RE IS NO OPPOSITIO~
- CA~ES W~ERE THE APPLICANT DOES NOT ACCEPT ~
RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION W??.T.
mm2~tDAT SECTION 18
Mr. Barber excused himself from the meeting.
02SN0234 (Amended)
In Bermuda Magisterial District, POINT OF ROCKS LANDING, LLC
requests rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12) on 6.7 acres plus
proffered conditions on an adjacent 31.1 acre parcel
currently zoned Residential (R-12). Residential use of up to
3.63 units per acre is permitted in a Residential (R-12)
02- 668
09/18/02
District. The Comprehensive Plan suggests the property is
appropriate for low density residential use of .005 to 1.5
units per acre. This request lies on 37.8 acres fronting in
two (2) places for a total of approximately 200 feet on the
north line of Enon Church Road and approximately 1,050 feet
east and 1,500 feet west of Riverview Drive. Tax IDs 816-
644-7343 and 819-644-0125 (Sheet 3!5).
Mr. Jacobson stated that the applicant has
deferral until October 23, 2002.
requested a
Mr. Jeff Collins, representing the applicant, requested a
deferral until October 23, 2002.
Mr. Miller called for the public hearing.
No one came forward to speak to the deferral.
On motion of Mr. McHale, seconded by Mr. Warren, the Board
deferred Case 02SN0234 until October 23, 2002.
Ayes: Miller, Warren, Humphrey and McHale.
Nays: None.
Absent: Barber.
Mrs. Humphrey excused herself from the meeting.
02SN0285
In Dale Magisterial District, S. WAYNE FUNK (THE IRONBRIDGE
PROPERTY, L.P.) AND THE BANK OF SOUTHSIDE VIRGINIA request
amendment to Conditional Use Planned Development (Case
85S154) and amendment of zoning district map relative to
signs. The density of such amen~nent will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for community mixed
use. This request lies in a General Business (C-5) District
on 8.4 acres fronting approximately 400 feet on the east line
of Iron Bridge Road, approximately 1,350 feet south of
Kingsland Road. Tax IDs 771-672-8290 and 772-672-3298
(Sheet 17).
Mr. Jacobson stated that Mr. Mil].er is requesting a deferral
until October 23, 2002.
Mr. Dean Hawkins, representing the applicant, stated that the
deferral is acceptable.
Mr. Miller called for the public l~earing.
No one came forward to speak to the deferral.
On motion of Mr. Miller, seconded by Mr. McHale, the Board
deferred Case 02SN0285 until Octolber 23, 2002.
Ayes: Miller, Warren, and McHale.
Nays: None.
Absent: Barber and Humphrey.
Mr. Barber returned to the meeting.
Mr. Miller excused himself from the meeting.
02- 669
09/18/02
02~N0308
In Midlothian Magisterial District, EDWARD ROSE PROPERTIES,
INC. requests rezoning and amendment of zoning district map
from Community Business (C-3) to Residential Multi-family (R-
MF) with Conditional Use Planned Development to permit use
and exceptions to Ordinance requirements. Residential use of
up to ten (10) units per acre is permitted in a Residential
Multi-family (R-MF) District. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for planned transition area and village square
use. This request lies on 0.5 acre lying approximately 550
feet and 1,900 feet off the north line of North Woolridge
Road, measured from a point approximately 2,000 feet east of
Coalfield Road. Tax ID 730-705-Part of 7734 (Sheet 6).
Mr. Jacobson presented a summary of Case 02SN0308 and stated
that the Planning Commission and staff recommend approval and
acceptance of the proffered condition. He noted that the
request conforms to the Midlothian Area Community Plan.
Mr. John Easter, representing the applicant, stated that the
recommendation is acceptable.
Mr. Warren called for the public hearing.
No one came forward to speak to the case.
On motion of Mr. Barber, seconded by Mr. McHale, the Board
approved Case 02SN0308 and accepted the following proffered
condition:
The property owner/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
itself and its 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 owner/applicant. In the event this request
is denied or approved with conditions not agreed to by the
owner/applicant, the proffers shall immediately be null and
void and of no further force or effect.
The request property shall be subject to the regulations as
outlined for Parcel 9 in the Proffered Conditions, Conditions
and Textual Statement for Case 91SN0172. (P)
Ayes: Warren, Barber, and McHale.
Nays: None.
Absent: Miller and Humphrey.
Mrs. Humphrey returned to the meeting.
02SN0310
In Bermuda Magisterial District, ATLANTIC BAPTIST BIBLE
COLLEGE requests amendment of Conditional Use (Case 84S131)
and amendment of zoning district map relative to the Master
Plan, buffers and lighting. The density of such amendment
02- 670
09/18/02
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for public/semi-public use. This request lies in
an Agricultural (A) District on 41.8 acres fronting
approximately 600 feet on the east line of Bermuda Orchard
Lane, across from Thorn Hill Drive. Tax IDs 817-648-3260,
818-648-3230 and 4591 (Sheet 35).
Mr. Jacobson presented a summary of Case 02SN0310 and stated
that the Planning Commission and staff recommend approval and
acceptance of the proffered conditions.
Mr. Wayne James, representing the applicant, stated that the
recommendation is acceptable.
Mr. Warren called for the public hearing.
No one came forward to speak to the case.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved Case 02SN0310 and accepted the following proffered
conditions:
Except for the existing improvements as shown on Exhibit
'A', prepared by Austin Brockenbrough & Associates,
L.L.P. dated August 1, 2002, and except for any future
improvements to existing iBaptist Drive to include
widening and/or the installation of curb and gutter, a
fifty (50) foot buffer shall be maintained around the
perimeter of the property. This buffer shall meet the
requirements of the Zoning Ordinance for fifty (50) foot
buffers, except that along the western property boundary
immediately adjacent to Tax ID 817-648-8498 existin~
vegetation shall be preserw~d and supplemented with
evergreens where necessary to minimize views from this
adjacent property. The exact species, spacing, size,
and location of this supplemental vegetation shall be
approved by the Planning Department at the time of the
site plan approval. (P)
o
Recreational Facility Setbacks. The following setback
criteria shall apply to any outdoor playfields, courts,
swimming pools and similar active recreational areas:
(a)
Except for the existing fields as shown on Exhibit
A prepared by Austin Brockenbrough & Associates,
L.L.P. and dated August 1, 2002, all outdoor
playfields, courts, swimming pools and similar
active recreational areas shall be located a
minimum 100 feet from adjacent properties zoned for
agricultural or residential use and fifty (50) feet
from any existing or proposed public road(s).
Within these setbacks, existing vegetation shall be
supplemented, where necessary, with landscaping or
other devices designed to achieve the buffering
standards contained in the Zoning Ordinance for 100
foot and fifty (50) foot buffers.
These buffer requirements shall not apply to any
future boundary adjacent to property owned by the
college.
02- 671
09/18/02
(b)
If outdoor play fields, courts, swimming pools and
similar active recreational areas are set back
more than 100 feet from adjacent properties zoned
agriculturally and residentially and more than
fifty (50) feet from any existing or proposed
public road(s), the landscaping or other design
features described in Condition 2.a. may be
modified by the Planning Department at the time of
site plan review. Such modification shall
accomplish a mitigation of the visual and noise
impacts that sports or related activities have on
adjacent properties equivalent to the 100
foot/fifty (50) foot setback/landscaping
requirements described in Condition 2.a.
(c)
The 100-foot setback described in Condition 2.a.
may be reduced by the Planning Commission if the
resulting increased visual and noise impacts that
sports or related activities have on area
residences are mitigated. Mitigation may be
achieved through the use of topography, fencing,
berming, walls and/or other devices and design
features, as approved by the Planning Commission
at the time of site plan review. (P)
With the exception of the buffers, and buffers and
setbacks for playfields, courts, swimming pools, and
similar outdoor active recreational areas the
development of the property shall conform to the
development standards of the Zoning Ordinance for
Corporate Office (0-2) Districts in Emerging Growth
Areas. (P)
Direct access from the property to Bermuda Orchard Lane
shall be limited to one (1) entrance/exit. The exact
location of this access shall be approved by the
Transportation Department. (T)
Prior to exceeding an enrollment of students that is
anticipated to generate traffic that would warrant a
left and/or right turn lane based on Transportation
Department standards, as determined by the
Transportation Department or Planning Commission through
the site plan process, additional pavement shall be
constructed along Bermuda Orchard Lane at the approved
access to provide a left and/or right turn lane. The
developer shall dedicate to Chesterfield County, free
and unrestricted, any additional right-of-way (or
easements) required for those road improvements. (T)
Prior to exceeding an enrollment of students that
is anticipated to generate traffic that would cause the
volume of traffic on the streets in Cameron Hills
Subdivision or Bermuda Orchard Subdivision to exceed
acceptable volumes as defined by the Planning Commission
Stub Road Policy, as determined by the Transportation
Department through the site plan process, the access
connection to Koyoto Drive shall be closed or converted
to an emergency access only. (T)
(NOTES:
ko
These proffered conditions
Conditions 5 and 6 of Case 84S131.
supersede
02- 672
09/18/02
With the approval of this request, Condition 2
of Case 84S131 shall be deleted. With the
exception of Conditions 5 and 6, all other
conditions of Case 84S131 shall remain in
effect.)
Ayes: Warren, Barber, Humphrey and McHale.
Nays: None.
Absent: Miller.
028N0311
In Bermuda Magisterial District, JASON HAWKINS/ROCQUEL
HAWKINS request Conditional Use and amendment of zoning
district map to permit a family day care home in a
Residential (R-9) District. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for community commercial/mixed use corridor use.
This request lies on 0.2 acre and is known as 2617 Amherst
Ridge Loop. Tax ID 799-631-1048 (Sheet 41).
Mr. Jacobson presented a summary of Case 02SN0311 and stated
that the Planning Commission and staff recommend approval
subject to conditions.
Mr. Jason Hawkins and Mrs. Rocquel Hawkins stated that the
recommendation is acceptable.
Mr. Warren called for the public hearing.
No one came forward to speak to the case.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved Case 02SN0311 subject to the following conditions:
This Conditional Use shall be granted to and for Jason
or Rocquel Hawkins, exclusively, and shall not be
transferable nor run with the land. (P)
There shall be no exterior additions or alterations to
the existing structure to accommodate this use. (P)
o
There shall be no signs permitted to identify this use.
(p)
Ayes: Warren, Barber, Humphrey and McHale.
Nays: None.
Absent: Miller.
17. PUBLIC HEARINGS
17.A. TO CONSIDER AW~qD~a~-.NTS TO COUNTY POLICY REGARDING
CRIMINAL BACKGROUND Cw~CKS FOR COACHES OF CO-SPOnSORED
GROUPS
Mr. Mike Chernau, Senior Assistant County Attorney, stated
that the Board deferred the public hearing to consider
amendments to the county policy regarding criminal background
checks for coaches of co-sponsored groups until this date and
time to allow the Parks and Recreation Advisory Commission
02- 673
09/18/02
(PRAC) an opportunity to make a recommendation on the
amendments. He further stated that the Board also directed
PRAC to provide a recommendation on national background
checks. He stated that PRAC met on September 5, 2002, and
provided the following recommendations: 1) supports amending
the county policy to allow an individual who has been
convicted of a barrier crime to be considered by the review
committee only on a "case by case" basis if the governor has
restored the individual's right to vote; 2) supports limiting
barrier crimes involving youth to those involving sexual or
physical misconduct so long as all other crimes involving
youth continue to be reviewed on a case by case basis; and 3)
reserves judg~nent on expanding to national checks until input
can be received from co-sponsored groups at a public hearing.
Mr. Warren called for the public hearing.
No one came forward to speak to the issue.
Mr. Miller returned to the meeting.
Mr. Ramsey stated that PRAC has requested additional time to
study the issue of background checks of the federal registry,
and staff is recommending that the Board direct PRAC to
report back by November 1, 2002.
Mr. Miller expressed concerns relative to relaxing the
standards of the county's background check policy prior to a
full year's history. He stated that the policy was designed
to protect children, and if the amendment relative to
restoration of rights could state that crimes for -which a
person had received restoration of rights did not involve a
crime of violence or a crime against a child, he could
support it. He expressed concerns relative to various
barrier crimes involving juveniles that do not involve
physical or sexual misconduct, and stated that he cannot
support the amendment to limit barrier crimes involving
juveniles to only those crimes involving sexual or physical
misconduct and review all other convictions on a ~case by
case" basis.
Mrs. Humphrey stated that she feels there are situations that
need to be reviewed on an individual basis when their
circumstances are exceptional. She further stated that the
amendments are not intended to minimize the severity of the
ordinance. She stated that the Parks and Recreation Advisory
Commission recommended both amendments.
Mr. McHale made a motion, seconded by Mr. Warren, for the
Board to adopt amendment (i) allowing people to coach who
have been convicted of a barrier crime if the Governor
restores his or her political disabilities, with additional
language providing that such crime did not involve a crime of
violence or any crime against a juvenile.
Discussion ensued relative to whether the coaching applicant
who has had his rights restored by the Governor would be
covered by this amendment.
Mr. Barber expressed concerns relative to accommodating
certain applicants, and questioned whether the Board should
deal with the issue in closed session.
02- 674
09/18/02
Mr. Micas stated that decisions relative to coaching are an
administrative matter.
Mr. Miller stated that the intent of the motion is to protect
children while making an accommodation that was not so
restrictive as the original language.
Mrs. Humphrey stated that she feels if the Governor has
restored someone's rights, the Board should accept that.
Mr. Barber expressed concerns relative to who should hear the
appeals of persons who are denied the opportunity to coach.
Mr. Miller stated that he feels the proposal, as amended,
will take pressure off of the review committee.
Mr. Miller called for a vote on the motion of Mr. McHale,
seconded by Mr. Warren, for the Board to approve proposal (i)
allowing people to coach who have been convicted of a barrier
crime if the Governor restores his or her political
disabilities, as amended, with additional language providing
that such crime did not involve a crime of violence or any
crime against a juvenile.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. McHale stated that he is not comfortable with reviewing
barrier crimes on a ~case by case" basis and cannot support
proposal (ii).
Mr. Barber stated that he can support proposal (ii) because
he feels there should be a way to review barrier crimes on a
~case by case" basis.
Mr. Miller stated that he feels there are activities that may
not be sexual or a physical misconduct in nature that he
feels persons who have been convicted should be prohibited
from coaching and not be reviewed on a ~case by case" basis.
He further stated that he will not support proposal (ii).
Mrs. Humphrey stated that she supports proposal (ii) to allow
review of certain barrier crimes on a "case by case" basis.
Mr. Warren stated that he supports ]proposal (ii).
Mr. Miller stated that he feels this is even more serious
than proposal (i), and expressed concerns relative to various
crimes that would be included in the review process if this
proposal is adopted.
Mr. Barber stated that he feels the review process is the
safeguard, and the appeals committee would never allow
someone with a serious crime to be approved on a ~case by
case" basis.
Mr. Miller expressed concerns relative to the shocking
results that have been discovered thus far with the
background checks, stating that he feels the policy should
perhaps be even more restrictive.
Mr. Barber made a motion, seconded by Mrs. Humphrey, for the
Board to approve proposal (ii) limiting barrier crimes
09`- 675
091~8/02
involving juveniles to only those crimes involving sexual or
physical misconduct and review all other convictions on a
~case by case" basis.
And, further, the Board directed that the Parks and
Recreation Commission report back to the Board by November 1,
2002 with its recommendation on national background checks.
Ayes: Warren, Barber and Humphrey.
Nays: Miller and McHale.
Mrs. Humphrey excused herself from the meeting.
17.B. TO CONSIDER MINOR A~n~.~S TO THE ZONING ORDiNANC~
Mr. Bill Poole, Assistant Director of Planning, stated that
this date and time has been advertised for a public hearing
to consider minor amendments to the Zoning Ordinance. He
further stated that the amendments recommended by the
Planning Commission will clarify confusing or hard to
understand ordinance language; correct typographical errors
and incorrect cross-references; codify ordinance
interpretations made by the Planning Director; and prohibit
the keeping of small farm animals in Residential zoning
districts to improve the quality of life in residential
neighborhoods. He stated that farm animals already in
Residential Districts would remain grandfathered.
When asked, Mr. Poole stated that the definition of stock
farm includes the term rabbit.
Mrs. Humphrey returned to the meeting.
Mr. Miller called for the public hearing.
No one came forward to speak to the ordinance.
On motion of Mr. Warren, seconded by Mr. Barber, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING
AND RE-ENACTING SECTIONS 19-14, 19-66, 19-67, 19-159, 19-185,
19-192, 19-199, 19-301, 19-500, 19-506, 19-507, 19-509, 19-
513, 19-522, 19-606 AND 19-608 RELATING TO ZONING
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1)
That Sections 19-14, 19-66, 19-67, 19-159, 19-185, 19-
192, 19-199, 19-301, 19-500, 19-506, 19-507, 19-509, 19-
513, 19-522, 19-606 and 19-608 of the Code of the County
of Chesterfield, 1997, as amended, are amended and re-
enacted to read as follows:
Sec. 19-14. Conditional use planned developments.
o o o
(e) Amendment of conditions: Conditions approved in
conjunction with a conditional use planned development may be
amended as. follows:
02- 676
09/18/02
(1) Conditions that allow amendment by the
planning commission, staff or others may be amended per
the language of the condition.
(2) Conditions that establish setbacks may be
amended through the granting of a variance, either by
the board of zoning appeals or administratively,
provided the variance is only granted on a parcel by
parcel basis, not on an overall basis to cover the
entire area encompassed by 'the conditional use planned
development.
(3) Ail other conditions may be amended by an
application to amend the conditional use planned
development.
o o o
Sec. 19-66. Accessory uses, buildings and structures.
The following accessory uses, buildings and structures
shall be permitted in the R-88 District:
(a) Private garages, garden, tool and storage
buildings, boat houses, piers and docks. No shipping
containers, manufactured homes, trailers, vehicle bodies or
similar containers shall be used for or converted from their
original use to be used for any of these purposes.
o o o
Sec. 19-67. Conditional uses.
The following uses may be allowed by conditional use in
the R-88 District, subject to the provisions of section 19-
13:
(a) Residential stock farms.
o o o
Sec. 19-159. Uses permitted with certain restrictions.
The following uses shall be permitted in the C-3
District subject to compliance with the following conditions
and other applicable standards of this chapter. If the
following restrictions cannot be met, these uses may be
allowed by conditional use, subject to the provisions of
section 19-13:
o o o
(f) Motor vehicle sales and rental, excluding motor
vehicle consignment lots and as accessory to sales and
rental, service and repair, to exclude body, major engine and
transmission repair, provided that:
0 0 O
(2) Ail such uses shall be set back a minimum of
100 feet from adjacent R, R-TH, R-MF and O Districts or
A Districts that are shown on the comprehensive plan for
R, R-TH, R-MF or 0 use. This setback shall be landscaped
according to section 19-522(a) (4) of the Development
Standards Manual.
o o o
Sec. 19-185. Required conditions.
02- 677
09/18/02
In addition to the other requirements of this chapter,
the conditions specified in this section shall be met in the
I-1 District.
o o o
(c) In addition to any other requirement of this
chapter, and except where adjacent to a railroad, the uses
permitted in this district, plus any accessory uses, shall be
located at least 100 feet from any A, R, R-TH or R-MF
District, subject to section 19-500.
o o o
Sec. 19-192. Required conditions.
In addition to the other requirements of this chapter,
the conditions specified in this section shall be met in the
I-2 District.
o o o
(b) In addition to any other requirement of this
chapter, and except where adjacent to a railroad, the uses
permitted in this district, plus any accessory uses, shall be
located at least 200 feet from any A, R, R-TH or R-M_F
District, subject to section 19-500.
o o o
Sec. 19-199. Required conditions.
In addition to any other requirements of this chapter,
and except where adjacent to a railroad, the uses permitted
in the I-3 District, plus any accessory uses, shall be
located at least 300 feet from any A, R, R-TH or R-MF
District and at least 200 feet from any O, C or I-1 District,
subject to section 19-500.
o o o
Sec. 19-301. Definitions.
For the purposes of this chapter, the following words
and phrases shall have the following meanings:
Child care center: Any facility, other than a family day
care home, operated for the purpose of providing care,
protection and guidance to a child or children separated from
their parents or guardian during a part of the day only,
except:
(1) A facility required to be licensed as a summer camp
under Code of Virginia, §§ 35-43--35-53.
(2) A public school or a private school, unless the
commissioner of welfare and institutions determines that such
private school is operating a child care center outside the
scope of regular classes.
(3) A school operated primarily for the educational
instruction of children two to five years of age, which
children two to four years of age do not attend in excess of
four hours per day and children five years of age do not
attend in excess of 6 1/2 hours per day.
(4) A Sunday school conducted by a religious
institution or a facility operated by a religious
organization where children are cared for during short
periods of time while persons responsible for such children
are attending religious services.
02- 678
09/18/02
o o o
Shipping container: A receptacle, vessel or similar
device designed and constructed to hold and protect goods
during transport via roadway, water, air or rail.
o o o
Stock farm, residential: A parcel of land on which are
kept one or more cows, sheep, goats, horses, chickens or
other fowl, rabbits or other small domesticated livestock or
other farm animals.
o o o
Sec. 19-500. Variations in requirements when adjacent to
vacant land zoned agricultural.
When a zoning lot adjacent to a vacant parcel in an A
district is designated for an O, C or I use by the
comprehensive plan, then the development requirements may be
reduced in accordance with permitted reductions as if the
zoning lot were adjacent to property zoned O, C and I.
o o o
Sec. 19-506. Yards--Setback exemptions.
(a) The following parts of buildings, structures and
uses may occupy or project into required minimum yards as
follows:
o o o
(2) Structures such as porches, carports, drive-in
window canopies and gasoline canopies open on three
sides may extend into: a required side yard not more
than half the required side yard if it does not come
closer than five feet to the side lot line; a required
front yard not more than ten feet; and a required rear
yard not more than ten feet;. For the purpose of this
subsection, the side of a structure will be considered
open if a maximum of two (2) feet of the height of the
side is constructed of brick, siding, lattice, louvers
or other building materials. Any portion of the side
that complies with the required minimum yard setback is
not required to be open and will not prohibit a portion
of the structure that is open on three sides from
projecting into the required minimum yard setbacks per
this subsection.
0 0 01
Sec. 19-507. Height exemptions and limitations.
0 0 O
(f) Except for the height limits set forth in this
section and the limitations of § 19-507.1, no other height
limitation specified in the zoning ordinance shall apply to
church spires, belfries, cupolas, domes, heat transfer units,
tanks, monuments, water towers, chimneys, flues, amateur
radio antennas, radio or television antennas, or similar
structures having an aggregate area less than 25 percent of
the ground floor building area; to the parapet walls or
bulkheads extending not more than four feet above the
limiting height of the building; or to grain elevators,
derricks or other necessary industrial, utility or public
service structures; provided that no such structure shall
exceed a height as noted in the following chart:
02- 679
09/Z8/02
District Height Comments
A 150 Subject to the required yards specified
in section 19-555(1) for accessory
buildings and structures. No structure
shall penetrate the floor of any of the
zones noted in this section.
R or R-TH 50* Subject to the required yards specified
in section 19-555(1) for accessory
buildings and structures. No structure
shall penetrate the floor of any of the
zones noted in this section. * Amateur
radio antennas may be increased to a
height of 75 feet in R and R-TH
Districts subject to the yard
requirements specified in section 19-
555(1).
R-MF, O- 75 Subject to the required yards for
1, or C-1 principal structures of the respective
zoning district. No structure shall
penetrate the floor of any of the zones
noted in this section.
Any other 150 Subject to the required yards for
district principal structures of the respective
zoning district. No structure shall
penetrate the floor of any of the zones
noted in this section.
o o o
Sec. 19-509. Off-street parking.
(a) In all districts, sufficient off-street parking
areas shall be provided in connection with and as an
accessory use to each and every use on the premises to be
served except as provided in § 19-608.
(b)
Except within the area encompassed by the Bon Air
Community Plan, parking facilities located on a lot
other than the zoning lot on which the building or
use to be serviced is located, shall be zoned to
permit the use for which the parking is intended to
serve. The owner shall obtain a lease, the duration
of which is acceptable to the director of planning,
and record it with the circuit court clerk.
o o o
Sec. 19-513. Parking spaces required.
Except as provided for in section 19-608(a), the minimum
number of parking spaces to be provided for each use shall be
as follows:
Use
Number of Spaces
ooo
(8)
Go kart, bumper boats
and similar facilities
1 for each 3 boats/karts
that can be accommodated
on the track/water at
any one time
(9) Sports/play fields
30 for each field
o o o
Secs. 19-522. Buffer and screening requirements.
o o o
02- 680
09/18/02
(b) Screening: Screening shall be
accomplished by building design or by the use of durable
architectural walls or fences constructed of comparable
materials to the principal building and using a design
compatible to the principal building on the property unless
the director of planning determines that:
(1) Berms or other land forms can be installed
that provide screening which meets the spirit and intent
of the zoning ordinance; and
(2) The berms or land forms are part of the
natural terrain or integrated to appear that they are
part of the natural terrain.
o o o
Sec. 19-606. Areas of applicability and exemptions.
The village district shall include all lands specified
in this section.
(1) The Midlothian Village Core, comprised of all that
area shown on the Chesterfield County zoning maps as
Midlothian Village Core or MVC.
(2) Midlothian Village Fringe comprised of all that
area shown on the Chesterfield County zonin9 maps as
Midlothian Village Fringe or MVF.
(3) Chester Village Core, comprised of all that area
shown on the Chesterfield County zoning maps as Chester
Village Core or CVC.
(4) Chester Village Fringe East, comprised of all that
area shown on the Chesterfield County zoning maps as Chester
Village Fringe East or CVFE.
(5) Chester Village Fringe West, comprised of all that
area shown on the Chesterfield County zoning maps as Chester
Village Fringe West or CVFW.
(6) Chester Village Corridor East, comprised of all
that area shown on the Chesterfield County zoning maps as
Chester Village Corridor East or CVCE.
(7) The Ettrick Business Core, comprised of all that
area shown on the Chesterfield County zoning maps as Ettrick
Business Core or EBC.
(8) The Bon Air Village, comprised of all that area
shown on the Chesterfield County zoning maps as Bon Air
Village District or BAVD.
o o o
Sec. 19-608. Exceptional development standards.
o o o
(b) Landscaping:
(1) Midlothian: Landscaping within setbacks along
rights-of-way shall conform to the recommendations set
forth in The Village of Midlothian Technical Manual
dated September 1991.
(2)
Ettrick Business Core: Ail development shall
be exempt from the requirements of Division 1
Development Standards, Subdivision III
Landscaping of The Development Standards
Manual. If off-street parking areas are
02- 683.
09/~8/02
constructed in front of the building line or
on a lot without a building, the following
minimum landscaping shall be required: a low
hedge or low, partially transparent fence
along the front setback line.
(3) Ail other village districts: At least one
large deciduous tree, as defined in section 19-
518(b) (2), shall be included in each landscaped area, in
lieu of the one small tree required by section 19-
519(b). All other landscaping requirements of sections
19-519, 19-609 and 19-610 shall apply in all village
districts.
o o o
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. Miller excused himself from the meeting.
17.C. TO CONSIDER APPROPRIATION OF FUNDS AND AUTHORIZATION
TO ENTER INTO AGREEMENTS FOR NINE ROAD PROJECTS
Mr. McCracken stated that this date and time has been
advertised for a public hearing to consider appropriation of
funds and authorization to enter into agreements for nine
road projects.
When asked, Mr. McCracken stated that the projects were
identified as safety issues through the Police Department's
accident records. He further stated that he anticipates the
two pending Midlothian District projects will be funded prior
to the nine road projects listed in the agenda item.
Mr. Warren called for the public hearing.
No one came forward to speak to the issue.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
appropriated a total of $4,246,000 in anticipated Virginia
Department of Transportation (VDOT) reimbursements and
authorized the County Administrator to execute VDOT/county
design/right-of-way/construction agreements for nine road
improvement projects: 1) Qualla Road at Belcherwood Road; 2)
Hopkins Road near Old Lane; 3) Newbys Bridge Road at
Dortonway Drive; 4) Bailey Bridge Road near Deer Run
Subdivision; 5) Bailey Bridge Road west of Holly Trace
Subdivision; 6) Bailey Bridge Road west of Bayhill Pointe
Subdivision; 7) Branders Bridge Road north of Whitehouse
Road; 8) Chalkley Road north of Wellington Farms Subdivision;
and 9) Courthouse Road north of Yatesdale Drive.
Ayes: Warren, Barber, Humphrey and McHale.
Nays: None.
Absent: Miller.
02- 682
09/18/02
17 .D.
TO CONSIDER AN ORDINANCE TO VACATE PORTIONS OF
SIXTEEN-FOOT ALLEYS WITHIN PLAN OF CENTRAL PARK
Mr. Stith stated that this date and time has been advertised
for a public hearing to consider an ordinance to vacate
portions of sixteen-foot alleys within the Plan of Central
Park.
Mr. Warren called for the public hearing.
No one came forward to speak to the ordinance.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to WILLIAM THOMAS
BUISSET, WILLIAM H. BUISSET, JR., CLIFTON B.
LAWSON, MARGARET L. LAWSON, JAMES PATRICK SEAY,
LOIS ANNE GRADY SEAY, DONALD L. BENTON, DELORES C.
BENTON, DAVID WAYNE KERNS and ADRIANE W. KERNS,
("GRANTEE"), portions of 16' alleys within Plan of
Central Park, BERMUDA Magisterial District,
Chesterfield County, Virginia, as shown on a plat
thereof duly recorded in the Clerk's Office of the
Circuit Court of Chesterfield County in Plat Book
4, at Page 114.
WHEREAS, WILLIAM THOMAS BUISSET, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate
portions of 16' alleys within Plan of Central Park, BERMUDA
Magisterial District, Chesterfield County, Virginia more
particularly shown on a plat of record in the Clerk's Office
of the Circuit Court of said County in Plat Book 4, Page 114,
by J. TEMPLE WADDILL, dated JANUARY 10, 1928. The portions
of alleys petitioned to be vacated are more fully described
as follows:
Portions of 16' alleys within Plan of Central
Park, the location of which is more fully shown on
a portion of the aforesaid plat attached hereto
and made a part of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virqini~, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portions of alleys sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
BOARD OF
That pursuant to Section 15.2-2272 of the Code of
Virqinia, 1950, as amended, the .aforesaid portions of alleys
be and are hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virqinia,
1950, as amended, and a certified copy of this Ordinance,
together with the map attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virqinia, 1950, as
amended.
02- 683
09/18/02
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title to the centerline of the portions of alleys
hereby vacated in the abutting property owners within The
Plan of Central Park free and clear of any rights of public
use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and WILLIAM
THOMAS BUISSET, WILLIAM H. BUISSET, JR. CLIFTON B. LAWSON,
MARGARET L. LAWSON, JAMES PATRICK SEAY, LOIS ANNE GRADY SEAY,
DONALD L. BENTON, DELORES C. BENTON, DAVID WAYNE KERNS and
ADRIANE W. KERNS, or their successors in title, as GRANTEE.
Ayes: Warren, Barber, Humphrey and McHale.
Nays: None.
Absent: Miller.
17.E. TO CONSIDER AN ORDINANCE TO VACATE LOT 13 WITHIN
RIVER'S CREST, SECTION 1 AND LOTS &3, &4 AND 45,
CAMERON FARMS
Mr. Stith stated that this date and time has been advertised
for a public hearing to consider an ordinance to vacate Lot
13 within River's Crest, Section 1 and Lots 43, 44 and 45,
Cameron Farms.
Mr. Warren called for the public hearing.
No one came forward to speak to the ordinance.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to DAVID L. WHIPP,
II, ("GRANTEE"), Lot 13 within River's Crest
Subdivision, Section 1, BERMUDA Magisterial
District, Chesterfield County, Virginia, as shown
on a plat thereof duly recorded in the Clerk's
Office of the Circuit Court of Chesterfield County
in Plat Book 78, at Page 63, and Lots 43, 44 and
45, Cameron Farms, BERMUDA Magisterial District,
as shown on a plat thereof duly recorded in the
aforesaid Clerk's Office in Plat Book 7, at Pages
14 and 15.
WHEREAS, DAVID L. WHIPP, II, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate Lot 13
within River's Crest Subdivision, Section 1, BERMUDA
Magisterial District, Chesterfield County, Virginia more
particularly shown on a plat of record in the Clerk's Office
of the Circuit Court of said County in Plat Book 78, Page 63,
by J. K. TIMMONS, dated NOVEMBER 12, 1991, and recorded JULY
1, 1992, and Lots 43, 44 and 45, Cameron Farms, BERMUDA
Magisterial District, Chesterfield, County, Virginia more
particularly shown on a plat of record in the Clerk's office
of the Circuit Court of said County in Plat Book 7, Pages 14
and 15, by W. PUGH, dated APRIL 1936.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virqinia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the lots sought to be vacated.
02- 684
09/18/02
NOW THEREFORE, BE IT 0~DAINED BY THE
SUPERVISORS OF CHESTERFIELD COUNTY', VIRGINIA:
BOARD OF
That pursuant to Section 15.2-2272 of the Code of
VirGinia., 1950, as amended, the aforesaid lots be and are
hereby vacated.
GRANTEE hereby conveys unto the GRANTOR and GRANTOR
hereby reserves the 10' Street Light and Utility easement and
10' easement across Lot 13, River's Crest, Section One, as
shown on the plat recorded in Plat Book 78, Page 63.
GRANTOR further reserves all of its right, title and
interest in the portion of RiverwLew Court and variable width
access easement recorded in Deed Book 2222, Page 1062, and
the 10' street light and utility easements recorded in Deed
Book 2222, Page 1058.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-22712 of the Code of VirGinia,
1950, as amended, and a certified copy of this Ordinance,
shall be recorded no sooner than thirty days hereafter in the
Clerk's Office of the Circuit Court of Chesterfield County,
Virginia pursuant to Section 115.2-2276 of the Code of
VirGinia, 1950, as amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portions of the plats vacated. This Ordinance shall vest
fee simple title of the lots herelby vacated in the underlying
property owner free and clear of any rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and DAVID L.
WHIPP, II, or his successors in title, as GRANTEE.
Ayes: Warren, Barber, Humphrey and McHale.
Nays: None.
Absent: Miller.
17.F. TO CONSIDER AN ORDINANCE ~ VACATE A PORTION OF A
FIFTY-FOOT UNIMPROVED RIGHT OF WAY KNOWNAS CRANBORNE
ROAD WITHIN SALISBURY, PORTIONS OF BLOCKS A, C, I, J,
AND K, SECTION A AND SALISBURY, SECTION C
Mr. Stith stated that this date and time has been advertised
for a public hearing to consider an ordinance to vacate a
portion of a fifty-foot unimproved right of way known as
Cranborne Road within Salisbury, portions of Blocks A, C, I,
J and K, Section A and Salisbury, Section C.
Mr. Warren called for the public hearing.
No one came forward to speak to the ordinance.
Mr. Miller returned to the meeting.
After brief discussion, on motion of Mr. Barber, seconded by
Mrs. Humphrey, the Board adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to THE SALISBURY
CORPORATION, a Virginia corporation, HAR~Y A.
02- 685
09/18/02
WAKEFIELD and SHARON A. WAKEFIELD, (husband and
wife), and CHARLES S. MOSS and NORMA L. MOSS,
(husband and wife), ("GRANTEE"), portions of a 50'
unimproved right of way known as Cranborne Road,
within Salisbury, Portions of Blocks A, C, I, J
and K, Section A, MIDLOTHIAN Magisterial District,
Chesterfield County, Virginia, as shown on a plat
thereof duly recorded in the Clerk's Office of the
Circuit Court of Chesterfield County in Plat Book
12, at Page 55, and Salisbury, Section C,
MIDLOTHIAN Magisterial District, as shown on a
plat thereof duly recorded in the aforesaid
Clerk's Office in Plat Book 14, at Page 92.
WHEREAS, THE SALISBURY CORPORATION, petitioned the Board
of Supervisors of Chesterfield County, Virginia to vacate
portions of a 50' right of way known as Cranborne Road,
within Salisbury, Portions of Blocks A, C, I, J and K,
Section A, MIDLOTHIAN Magisterial District, Chesterfield
County, Virginia more particularly shown on a plat of record
in the Clerk's Office of the Circuit Court of said County in
Plat Book 12, Page 55, by J. K. TIMMONS, dated JUNE 8, 1961,
recorded JUNE 9, 1961, and Salisbury, Section C, MIDLOTHIAN
Magisterial District, Chesterfield County, Virginia more
particularly shown on a plat of record in the Clerk's Office
of the Circuit Court of said County in Plat Book 14, at Page
92, by J. K. TIMMONS, dated SEPTEMBER 27, 1965, recorded
SEPTEMBER 29, 1965. The portions of right of way petitioned
to be vacated are more fully described as follows:
Portions of a 50' unimproved right of way known as
Cranborne Road within Salisbury, Portions of
Blocks A, C, I, J and K, Section A and Salisbury,
Section C, the location of which is more fully
shown on a plat made by TIMMONS, dated SEPTEMBER
5, 2002, a copy of which is attached hereto and
made a part of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the ~ode of Virqinia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portions of right of way sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
BOARD OF
That pursuant to Section 15.2-2272 of the Code of
Virqinia, 1950, as amended, the aforesaid portions of right
of way be and are hereby vacated.
GRANTEE hereby conveys unto the GRANTOR and GRANTOR
hereby reserves a 16' drainage easement, 16' water easements,
and a 24' drainage and utility easement, as shown on the
attached plat.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the ~ode of Virqinia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virqinia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portions of the plats vacated. Since the portion of
02- 686
09/18/02
right of way within Salisbury, Section C is located on the
periphery of the plat, this Ordinance shall vest fee simple
title to that portion of right of way designated as Parcel A
in the property owner of Lot 20, Block J, and shall vest fee
simple to the centerline of the portion of right of way
within Salisbury, Section A herelby vacated in the property
owners of Lot 6, Block K, and Lot 1, Block J free and clear
of any rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTEKFIELD as GRANTOR, and THE
SALISBURY CORPORATION, a Virginia corporation, HARRY A.
WAKEFIELD and SHARON A. WAKEFIELD, (husband and wife), and
CHARLES S. MOSS and NORMAL. MOSS, (husband and wife), or
their successors in title, as GRANTEE.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
18. ~INING MOBILE HOME PERMITS AND ZONING REQUESTS
02SN0293
In Bermuda Magisterial District, GBS HOLDINGS requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-15). Residential use of
up to 2.90 units per acre is permitted in a Residential (R-
15) District. The Comprehensive Plan suggests the property
is appropriate for residential use of 1.00 to 2.5 units per
acre. This request lies on 34.5 acres fronting approximately
250 feet on the south line of Centralia Road across from
Agincourt Lane. Tax ID 780-661-5'780 (Sheet 26).
Mr. Jacobson presented a summary of Case 02SN0293 and stated
that staff recommends approval subject to the applicant
addressing concerns relative to road connections. He further
stated that the Transportation Department recommends that the
applicant proffer a left turn lane at Centralia Road at the
entrance to the proposed development if the developer is
required to connect to North Oaks Subdivision. He noted that
the request conforms to the Central Area Plan. He stated
that the Planning Commission recommended approval and
acceptance of proffered conditions 1 through 5 and 7 through
12, and that proffered condition 6 not be accepted,
indicating that the Planning Commission supports the road
connection between North Oaks and the subject property and
does not support requiring this development to install a left
turn lane entrance to the property since this development's
traffic would not be the traffic which would necessitate the
construction of a turn lane.
Mr. Andy Scherzer, representing the applicant, stated that
the Planning Commission did not support requiring this
developer to construct a left turn lane if connection to
Oakside Drive is required. He further stated that this
development would not generate a need for a left turn lane
and will not exceed the Fire Department's 50 lot standards
requiring a second access. He stated that the developer
committed to the North Oaks neighborhood that the connection
would not be made. He requested that the Board approve the
proposed development without requiring the stub road
connection.
02- 687
09/18/02
Mr. Miller called for the public hearing.
Ms. Elizabeth Bois, expressed concerns relative to safety of
the North Oaks residents and stated that North Oaks residents
do not want the connection. She requested that the Board
approve the proposed development without the connection.
Mr. John Helsted stated that he feels the connection will
reduce the safety of the North Oaks neighborhood. He
expressed concerns relative to increased traffic on Centralia
Road and the dangerous turn out of North Oaks onto Centralia
Road.
Ms. Joan Lundy, a resident of North Oaks Subdivision, stated
that she supports the proposed development. She expressed
concerns relative to the possibility of an accident blocking
the entrance to North Oaks, stated that connecting the
proposed development to North Oaks would provide an
additional access for North Oaks residents, and indicated
that she supports the connection.
Mr. Phil Goodman, a North Oaks resident, stated that he
supports connecting the proposed development to North Oaks to
provide an additional access for the safety of the residents.
Mr. Jeff Moates, a North Oaks resident, stated that he does
not support the connection because of increased traffic and
safety of the North Oaks residents. He further stated that
he feels delays at the Centralia Road railroad crossing
present a larger safety issue for North Oaks residents.
Mr. Mark Owen, a resident of North Oaks, stated that he does
not support connecting the proposed development with North
Oaks because of the safety of neighborhood children.
Ms. Michelle Sibley, a resident of North Oaks, expressed
concerns relative to safety of the residents and stated that
she does not support connecting the proposed development with
North Oaks.
Ms. Elizabeth Bois stated that 15 residents indicated by
signature that they do not support the connection.
There being no one else to speak to the case, the public
hearing was closed.
Mr. McHale stated that a subdivision with fewer than 50 homes
does not require a second access.
Mr. McHale then made a motion, seconded by Mrs. Humphrey, for
the Board to approve Case 02SN0293 and accept Proffered
Conditions 1 through 12.
Mr. Miller called for a vote on the motion of Mr. McHale,
seconded by Mrs. Humphrey, for the Board to approve Case
02SN0293 and accept the following proffered conditions:
1. Public water and wastewater shall be used. (U)
The applicant, subdivider, or assignee(s) shall pay the
following to the county of Chesterfield, prior to the
issuance of building permit, for infrastructure
02- 688
09/18/02
o
o
o
o
improvements with in the service district
property:
for the
$7,800.00 per dwelling unit, if paid prior to July
1, 2002; or
The amount approved by the Board of Supervisors not
to exceed $7,800.00 per dwelling unit adjusted
upward by any increase in the Marshall and Swift
building cost index between July 1, 2001, and July
1 of the fiscal year in which the payment is made
if paid after June 30, 2002.
In the event the cash p.ayment is not used for which
proffered within 15 years of receipt, the cash
shall be returned in full to the payor. (B&M)
The maximum density of this development shall not exceed
50 lots. (P)
Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices installed. (EE)
Direct access from the property to Centralia Road shall
be limited to one (1) public road. The exact location
of this access shall be approved by the Transportation
Department. (T)
There shall be no connection to the North Oaks
Subdivision. (P)
In conjunction with the recordation of the initial
subdivision plat, forty-five (45) feet of right of way
on the south side of Centralia Road, measured from the
centerline of that part of Centralia Road immediately
adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
To provide an adequate roadway system at the time of
complete development, the owner/developer shall be
responsible for the following:
so
Construction of additional pavement along Centralia
Road at the approved access to provide a right turn
lane; if warranted, based on Transportation
Department standards;
Relocation of the ditch to provide an adequate
shoulder along the south side of Centralia Road for
the entire property frontage;
Dedication to Chesterfield County, free and
unrestricted, any additional right-of-way (or
easements) required for the improvements identified
above. (T)
Prior to any construction plan approval, a phasing plan
for the required road improvements, as identified in
02- 689
09/[8/02
Proffered Condition 8, shall be submitted to
approved by the Transportation Department. (T)
and
10.
A twenty-five (25) foot tree preservation strip shall be
maintained along the western property line, adjacent to
North Oaks Subdivision. Utility easements shall be
permitted to cross this strip in a perpendicular
fashion. Any healthy trees that are six (6) inches in
caliper or greater shall be retained within this tree
preservation strip except where removal is necessary to
accommodate the improvements permitted by the preceding
sentence. This condition shall not preclude the removal
of vegetation from the tree preservation strip that is
unhealthy, dying or diseased. (P)
11.
There shall be no siting or locating of any manufactured
home within this subdivision/residential development.
(p)
12.
Dwelling units shall have a minimum gross floor area of
1800 square feet. (P)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
028~0306
In Midlothian Magisterial District, ATACK PROPERTIES, INC.
requests rezoning and amendment of zoning district map from
Residential (R-15) to Agricultural (A). Residential use of up
to one (1) unit per acre is permitted in an Agricultural (A)
District. The Comprehensive Plan suggests the property is
appropriate for residential use of 1.01 to 2.5 units per
acre. This request lies on 39.2 acres fronting approximately
160 feet on the west line of Winterfield Road, approximately
350 feet south of Elmstead Road. Tax ID 725-711-1557 (Sheet
5).
Ms. Beverly Rogers presented a summary of Case 02SN0306 and
stated that the Planning Commission and staff recor~ended
denial because the proposed Agricultural zoning does not
comply with the Midlothian Area Community Plan which suggests
the property is appropriate for residential use.
No one came forward to represent the applicant.
Mr. Miller called for the public hearing.
Mr. David Schneider, representing the Salisbury Homeowners
Association, stated that the association does not support the
request.
There being no one else to speak to the case, the public
hearing was closed.
After brief discussion relative to the relocation of
Winterfield Road, Mr. Barber made a motion, seconded by Mr.
Warren, for the Board to defer Case 02SN0306 until November
26, 2002.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 690
09/18/02
028N0307
In Bermuda Magisterial District, KING PROPERTIES, INC.
requests amendment of Conditional Use Planned Development
(Case 95SN0109) and amendment of zoning district map relative
to impact on capital facilities. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for medium/medium high-density
residential use of 1.51 - 7.00 units per acre. This request
lies in a Neighborhood Business (C-2) District on 32.0 acres
fronting in two (2) places for a total of approximately 1,050
feet on the north line of Rivers Bend Boulevard, also
fronting approximately 600 feet on the east line of Kingston
Avenue and located in the northeast quadrant of the
intersection of these roads. Tax IDs 817-656-Part of 5855
and 818-657-0208 (Sheet 27).
Ms. Rogers presented a summary of Case 02SN0307 and stated
that staff recommends denial because the amendment fails to
fully address the impact of the development on school
facilities. She further stated that the Planning Commission
recommended approval and acceptance of the proffered
conditions, indicating that based upon information provided
by the applicant there was indication that the average number
of students per dwelling unit is less than the county-wide
average.
When asked, Ms. Rogers stated, that staff's methodology
relative to impact does not distinguish between multi-family
and single-family residential when determining the average
number of school children per dwelling unit; therefore, staff
uses the countywide average to assess the impact of the
development upon schools.
Mr. John Easter, representing the applicant, stated that the
existing complex has 250 units and has proposed 68 additional
units, which are permitted under the existing zoning. He
further stated that there are 21 students in 250 units or .08
students per unit, and the 1995 cash proffer was $2,513. He
stated that the applicant has proffered $731 per unit, which
is 29 percent of the share of the school proffer even though
the impact is only 14 percent; therefore, a margin of error
has been calculated even if the number of students were to
double. He requested that the Board approve the proposed
amendment.
Mr. Miller called for the public hearing.
No one came forward to speak to the case.
Mr. McHale stated that he understands staff's position, but
feels the developer has proffered apartment sizes and
amenities that would keep the new addition to the development
within the same pupil ratio as the original development. He
further stated that because of the margin of error that has
been calculated, he will support the proposed amendment.
Mr. McHale then made a motion, seconded by Mr. Barber, for
the Board to approve Case 02SN0307 and accepted the proffered
conditions.
02- 691
09/18/02
Mr. Warren stated that he will support the amendment, but
expressed concerns that there are 1,000 more students than
originally projected in the schools this year, and he feels
the Board needs to address this with cash proffers.
Mr. Miller called for a vote on the motion of Mr. McHale,
seconded by Mr. Barber, for the Board to approv.e Case
02SN0307 and accept the following proffered conditions:
The property owners and applicant in this rezoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County,
for themselves and their successors or assigns, proffer that
the 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.
Cash Proffer. The applicant, subdivider, or his
assignee(s) shall pay $4,000.00 per dwelling unit,
adjusted upward by any Board of Supervisor approved
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, to the County of
Chesterfield, prior to the time of issuance of a
building permit for infrastructure improvements within
the service district for the Property. At the time of
payment, the $4,000.00, as adjusted, will be allocated
pro-rata among the facility costs as calculated annually
by the County Budget Department in accordance with the
following proportions: $731 for schools, $2,403 for
roads, $473 for parks, $162 for library facilities, and
$231 for fire stations. 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)
(Staff Note: The first 250 dwelling units that have already
been constructed on the request property are subject to
Proffered Condition C. of Case 95SN0109 and are counted
toward the overall total of 659 dwelling units allowed
without paying a cash proffer in accordance with Case
95SN0109. Units constructed on this request property in
excess of 250 units are subject to the proffered condition
above and will not be included toward the 659 units allowed
without paying a cash proffer.)
For any dwelling units in excess of 250, a minimum of
fifty-eight (58) percent of the units shall have a
maximum of two (2) bedrooms and one (1) bath with a
maximum square footage of 970 square feet. (P)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 692
09/18/02
19. ADJOURNMENT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adjourned at 10:29 p.m. until October 9, 2002 at 4:00 p.m.
Ayes: Miller, Warren, Humphrey, Barber and McHale.
Nays: None.
~oa~ne t~' ARadm~nS ~Ys t rat or /
K-- Miller
Clhairman
02- 693
09/18/02