10-23-2002 MinutesBOARD OF SUPERVISORS
MINUTES
October 23, 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 Attendances
Colonel Carl R. Baker,
Police Department
Mr. Craig Bryant, Dir.,
Utilities
Ms. Jana Carter, Dir.,
Youth Services
Ms. Marilyn Cole, Asst.
County Administrator
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Ms. Rebecca Dickson, Dir.,
Budget and Management
Mr. James Dunn, Dir.,
Economic Development
Mr. William Dupler,
Building Official
Ms. Lisa Elko,
Clerk
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
Mr. Michael Likins,
Coop. Extension Director
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. Glen Peterson, Dir.,
Community Diversion
Incentive Program
Mr. Francis Pitaro, Dir.,
General Services
Dep. Chief Paul Shorter,
Fire Department
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
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10/23/02
Mr. M. D. Stith, Jr.,
]Deputy Co. Admin.,
Community Development
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
4:20 p.m.
1. APPROVAL OF MINUTES FOR OCTOBER 9, 2002
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved the minutes of October 9, 2002, as submitted.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
Mr. Ramsey commended Ms. Dickson and staff of the Budget
Department upon being awarded the Distinguished Budget
Presentation Award by the Government Finance Officers
Association of the United States and Canada (GFOA) for
the 19th consecutive year.
~s. Dede Foerster, Executive Director of the Senior
Center of Richmond, presented the Board with a report
relative to the Senior Center in Chesterfield County.
She stated that there are over 150 members thus far, and
191 classes, nine educational F, rograms and five special
events have been conducted.
Mr. Hammer introduced Mr. Michael Likins, the county's
new Cooperative Extension Director.
Ms. Joan Salvati, Water Quality Administrator, addressed
the Board relative to the issue of Methyl Tertiary-Butyl
Ether (MtBE) in Lake Chesdin. She stated that MtBE is a
very commonly used gasoline additive that is effective
in reducing ozone levels. She further stated that
elevated concentrations of MtBE in waters have been
discovered at lakes and reservoirs throughout the
country. She stated that studies have shown that MtBE
concentrations are higher during the summer months and
into the fall consistent with heavy boat use. She
further stated that, based on existing science, the
Environmental Protection Agency (EPA) has established a
drinking water advisory of between 20 and 40 parts per
billion for MtBE, indicating that this level avoids any
taste and odor problems that could result. She stated
that, according to EPA, the minimal data indicates that
the 20 to 40 parts per billion value is also well above
the risks that are thought to exist for animals, and
noted that no tests have been performed on humans at
this point. She further stated that both the Appomattox
River Water Authority and the Swift Creek Treatment
Plant have been monitoring for MtBE in conformance with
EPA's unregulated contaminant monitoring rule. She
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10/23/02
stated that the data is due to EPA by 2003 and EPA has
indicated that it will review the data and determine
what kind of levels are being seen in all lakes and
reservoirs, conduct further analyses on health risks,
and then make a decision with respect to regulating MtBE
either as a primary drinking water standard which is
enforceable or as a secondary drinking water standard
which is guidance.
Discussion ensued relative to standards for MtBE that
have been established in various states.
Ms. Salvati reviewed staff's recommendations: 1) the
Appomattox River Water Authority's monitoring of MtBE be
reviewed and enhanced in order to provide a sampling
protocol that is sufficient enough to enable the
Authority to make good decisions if and when any
regulatory changes are made pertinaing to the substance;
2) given the current observed levels of MtBE in Lake
Chesdin, and the fact that those levels are well below
EPA's drinking water advisory, staff does not feel
prohibiting two stroke engines on the lake is warranted
at this time; and 3) a thorough review of the MtBE
levels in Lake Chesdin on an annual basis to monitor for
any increases or decreases in those levels.
When asked, Ms. Salvati stated that MtBE in the Swift
Creek Reservoir is below the detection limits. She
further stated that the EPA has a rigorous process to
determine primary or secondary drinking water standards
using scientific data. She stated that, according to
the EPA advisory, Lake Chesdin is safe to drink with
respect to MtBE.
Mr. Ramsey stated that
Appomattox River Water
recommendations.
staff will ensure that the
Authority considers staff's
Mr. Ramsey provided an update on the drought situation.
He stated that Lake Chesdin is now 31 inches below the
spillway, up from 71 inches; consumption remains at the
levels last reported; and the Swift Creek Reservoir
remains constant at approximately 3.1 feet below the
spillway.
3. BOARD COMMITTEE R~PORTS
There were no Board committee reports at this time.
REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN
THE ORDER OF PRESENTATION
On motion of Mr. McHale, seconded by Mr. Barber, the Board
added Item 8.C.2.e., Set Date for Public Hearing to Consider
an Ordinance Relating to Spot Blight Abatement; added Item
8.C.2.f., Set Date for Public Hearing to Consider an
Ordinance Relating to Motor Vehicle Sales, Service and Repair
in Certain Commercial Zoning Districts; and adopted the
Agenda, as amended.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
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10/23/02
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
5.A. HONORING AND RECOGNIZING THE LATE DAVID R. FOLSTER FOR
HIS OUTSTANDING COMMITMENT AND SERVICE TO CHESTERFIELD
COUNTY BY NAMING THE MATOACA FOOTBALL FIELD THE "DAVID
R. FOLSTER FIELD"
Mr. Golden introduced Ms. Debra Folster and members of her
family who were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. David R. Folster, former Parks District
Superintendent for Chesterfield County Parks and Recreation
Department passed away on August 12, 2002; and
WHEREAS, Mr. Folster had been a Parks and Recreation
employee for over 15 years; and
WHEREAS, Mr. Folster was widely respected for his
dedication and integrity, not only' by his fellow co-workers
and by Chesterfield County citizens, but throughout the tri-
cities area; and
WHEREAS, Mr. Folster was actively involved with the
Fraternal Order of the Eagles, the American Legion, the
Dinwiddie Moose Lodge, a volunteer for the Midlothian Rotary
Club and a past coach and member of the Matoaca Athletic
Association; and
WHEREAS, among his accomplishments while working for
Chesterfield County, Mr. Folster 'was the pioneer in the
Activity Period Process for athletic facility assignments;
and
WHEREAS, Mr. Folster's original 1982 study was voted one
of the ~Best New Programs" for the National Parks and
Recreation Society and in recent years, this program has
become part of the Parks and Recreation Department's strategy
for assigning athletic facilities to local leagues and
organizations; and
WHEREAS, Chesterfield County will forever honor Mr.
Folster, by naming the Matoaca Park football field in his
memory.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 23rd day of October 2002,
publicly recognizes the dedicated efforts and commitment to
excellence displayed by Mr. David R. Folster, expresses
appreciation to his family for their support during his
public service with the Parks and Recreation Department, and
urges all Chesterfield County residents to remember Mr.
Folster's many contributions when they visit the David R.
Folster football field at Matoaca Park.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mrs. Humphrey presented the executed resolution to Mrs.
Folster, accompanied by members of her family, and expressed
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10/23/02
appreciation for Mr. Folster's dedicated service, as well as
sympathy to the family.
Mrs. Folster expressed appreciation to the Board for the
honor bestowed upon her late husband.
5.B. RECOGNIZING THE 25~ ANNIVERSARY OF LAW ENFORCE~ne-NT
EXPLORER POST 609
Colonel Baker introduced Officer Elliott Anderson, the
current adviser for Law Enforcement Explorer Post 609,
members of the Post, and several former Explorers, who were
present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the first charter for Law Enforcement Post 609
was issued to the Chesterfield County Police Department by
the Robert E. Lee Council of the Boy Scouts of America in
October 1977; and
WHEREAS, the Explorer Post program, sponsored by the
Boys Scouts of America, is part of the Learning for Life
career education program for young men and women ages 14
through 20; and
WHEREAS, the Explorer Post programs are based on five
areas of emphasis: career opportunities, life skills, service
learning, character education, and leadership experience; and
WHEREAS, the Explorer Post concept is based on a unique
and dynamic relationship between youth and organizations in
their communities by matching people and program resources to
the interests of young people in the community, resulting in
activities that help youth pursue their special interests,
grow, develop and prepare them to become responsible and
caring adults; and
WHEREAS, the idea of bringing an explorer post to the
Chesterfield County Police Department came from three young
officers, John Wolford, Randy Watkins and David Hope, and
Police Chief J. E. Pittman, Jr. was convinced of the benefits
of this program and agreed to sponsor it; and
WHEREAS, throughout its 25-year history, the
Chesterfield Police Explorer Post 609 has provided hundreds
of young people with a positive exposure to law enforcement
and the criminal justice system, and many former youth
members have gone on to work in the Chesterfield County
Police Department or other public safety organizations or
have successful military or private sector careers; and
WHEREAS, the Chesterfield Police Explorer Post 609 has
attained national prominence by winning various competitions
and even producing a national youth president to represent
youth in all law enforcement explorer posts across the
country; and
WHEREAS, the organization's commitment to volunteerism
has benefited the citizens of Chesterfield County by
encouraging the explorers to give back to their community
through such activities as traffic direction at various
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10/23/02
community events, participation in the Adopt-A-Highway
Program, assisting the Police Department in crime prevention
programs and various training efforts.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 23rd day of October 2002,
recognizes the twenty-fifth anniversary of Law Enforcement
Explorer Post 609, celebrates the Chesterfield County Police
Department's commitment to youth, and wishes the participants
of the program continued success in years to come.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. Miller presented the executed resolution to members of
the Explorer Post, and congratulated them on their 25th
anniversary.
Sgt. Kevin Smith, former member and advisor to the Explorer
Post, expressed appreciation to the Board for the
recognition.
5.C. RECOGNIZING FIORUCCI FOODS, iNCORPORATED AS THE YEAR
2002 MEDIUM BUSINESS RECIPIENT OF THE CHESTERFIELD
COUNTY BUSINESS AND RECOGNITION AWARD
Ms. Liz Kashurba, Project Manager for Economic Development,
introduced Mr. Elvis Hicks and Ms. Carey Tillett, who were
present to receive the resolution.
On motion of the Board, the followilng resolution was adopted:
WHEREAS, the Chesterfield County Board of Supervisors
established a Business Appreciation and Recognition Award to
recognize existing businesses within the county that
contribute to the county's economy and its citizens; and
WHEREAS, Fiorucci Foods, Incorporated was founded by the
Fiorucci family as a neighborhood store in 1850 and opened
its Chesterfield plant in 1986; and
WHEREAS, Fiorucci's Chesterfield plant, located at 1800
Ruffin Mill Road, employs 145 people; and
WHEREAS, Fiorucci produces authentic Italian specialty
meats, and has a customer base of mainstream and specialty
grocery stores, including Ukrop's Supermarkets locally, as
well as restaurants across the country.
WHEREAS, the company participates in the United Way
campaign and the American Heart Walk; and
WHEREAS, Fiorucci hir%s employees through Chesterfield
County Employment Services and Riverside Regional Jail.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 23r~ day of October 2002,
publicly recognizes Fiorucci Foods, Incorporated and
expresses appreciation, on behalf of the county, for its many
contributions by recognizing it as the 2002 Medium Business
recipient of the Chesterfield County Business Appreciation
and Recognition Award.
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10/23/02
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Fiorucci Foods, Incorporated 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. McHale presented the executed resolution and an engraved
silver plaque to Mr. Hicks and Ms. Tillett, commended
Fiorucci Foods, Incorporated for its many contributions to
the county, and congratulated the company for being the 2002
Medium Business recipient of the Chesterfield County Business
Appreciation and Recognition Award.
Mr. Hicks expressed appreciation to the Board for the
county's assistance with Fiorucci's expansions and also for
the recognition.
6. WORK SESSIONS
There were no work sessions at this time.
7. DEFERRED ITEMS
There were no deferred items at this time.
8. NEW BUSINESS
8.A. ADOPTION OF 2003 LEGISLATIVE PRO~RAM
Ms. Curtin reviewed changes proposed to the 2003 Legislative
Program. She stated that additional language has been added
to the legislative request related to jury costs. She
further stated that the Board did not reach a consensus
regarding supporting continued state appropriations for the
LINK Transit system. She stated that a new item has been
added to support the state in initiating a study on water
resources planning for the Commonwealth of Virginia.
Mr. Ramsey stated that there have been discussions relative
to the issue of granting impact fee authority in lieu of the
current cash proffer authority.
Mr. Miller stated that he feels an item should be added to
the legislative program regarding this issue.
Mr. McHale stated that he feels impact fees are a much more
equitable way for development to pay its own way, but
expressed concerns relative to ending up with legislation
that is less than the current cash proffer authority.
Mr. Ramsey stated that staff could draft language for a
legislative request relative to impact fees and bring it back
to the Board for consideration. He further stated that the
Board could adopt the legislative program today, and make
additions at a later date.
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10/23/02
Mr. Barber stated that he does not feel the Board should
support the impact fee authority in lieu of cash proffer
authority because there is a finite number of lots for which
impact fees could be collected and there is still two-thirds
of the county where the Board has the ability to apply cash
proffers.
It was generally agreed that the Board direct staff to
provide information relative to the number of lots that could
be addressed through impact fees and the number of lots where
cash proffers can be applied, prior to the Board adding this
request to the legislative program.
Mr. Warren stated he feels homebuilders should be included in
discussions of the issue of impact fees versus cash proffers.
Mr. Miller referenced the legislative request regarding
payment of jurors and stated that he feels it would be better
to allow judges to have some discretion in granting or not
granting payment of jurors. He further stated that he does
not feel the Board should support state appropriations for
the LINK Transit system.
Mr. Barber stated that he supports the additional language
for the legislative request relative to payment of jurors.
He further stated that the county is not in a position to
spend local funds for the LINK system, and suggested that
language be added to the legislative support position stating
that the county does not intend to provide any funding for
this initiative.
Mr. Miller expressed concerns relative to supporting an
initiative that continues to lose money during budgetary
crisis times.
Mr. McHale expressed concerns that supporting the state
funding of the LINK Transit system might indicate to the
General Assembly that this is a state budget priority for the
county and we might be willing to trade off the funding of
other county programs for this funding.
Mrs. Humphrey stated that she will support deleting support
of the LINK Transit system from the county's legislative
program.
Mr. Warren stated that Park and Ride has been relatively
successful, although it is not yet paying its way. He
inquired about the possibility of supporting appropriations
for the LINK Park and Ride system only.
Mr. Miller stated that he feels 'the entire project is a
dismal failure, and he supports withdrawing this from the
support positions of the legislative program.
It was the consensus of the Board that staff provide
information relative to the LINK ]?ark and Ride system prior
to the Board's decision relative to including support of the
LINK Transit system in the legislative program.
Mrs. Humphrey stated that she feels the new support item
relative to a study on water resources planning is an
excellent initiative.
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10/23/02
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the 2003 Legislative Program, as amended.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.B. APPOINTMENT
On motion on Mrs. Humphrey, seconded by Mr. McHale, the Board
suspended its rules at this time to allow simultaneous
nomination/appointment of a member to serve on the Youth
Services Citizen Board.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
o YOUTH SERVICES CITIZEN BOARD
On motion of Ms. Humphrey, seconded by Mr. McHale, the Board
simultaneously nominated/appointed Ms. Meghan Folster,
representing the Matoaca District, to serve on the Youth
Services Citizen Board, whose term is effective immediately
and expires June 30, 2003.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C. CONSENT ITEMS
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
removed the following items from the Consent Agenda for
public comment: Item 8.C.8., Conveyance of Easements to
Columbia Gas of Virginia, Incorporated; and Item 8.C.18.,
Approval of Lease of a Parcel of Land for Use as a Public
Park.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.1. APPROVAL OF CHANGE ORDER TO THE DESIGN CONTRACT ON
THE CHESTERFIELD JAIL REPLACEMENT PROJECT TO MOSELEY
ARCHITECTS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the County Administrator to execute a change order
to the design contract with Moseley Architects, in the amount
of $59,972, for additional design services on the
Chesterfield Jail Replacement Project.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8 .C.2.
8 .C.2 .&.
SET DATES FOR PUBLIC HEARINGS
TO CONSIDER THE APPROPRIATION OF FUNDS FOR TH~
MATOACA ROAD/WOODPECKER ROAD INTERSECTION PROJECT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
set the date of November 13, 2002 at 7:00 p.m. for a public
hearing to consider the appropriation of $1,500,000 in
02-
10/23/02
anticipated Virginia
reimbursements for the
Intersection Project.
Department
Matoaca
of Transportation
Road/Woodpecker Road
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.2.b. TO CONSIDER FY2004 THROUGH FY2009 SECONDARY ROAD
SIX YEAR IMPROVEMENT PLAN, FY2003 AND FY2004
SECONDARY ROAD IMPROVEME~ BUDGETS, PROJECT
DEVELOPMENT SCHEDULES FOR CHESTERFIELD ROAD FUND
AND REGIONAL SURFACE TRANSPORTATION PRO~RAM FUND,
AND DESIGNATION OF FY2004 CHESTERFIELD ROAD FUND
PROJECTS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
set the date of November 13, 2002 at 7:00 p.m. for a public
hearing to consider the FY2004 through FY2009 Secondary Road
Six Year Improvement Plan, FY2003 and FY2004 Secondary Road
Improvement Budgets, Chesterfield Road Fund, Regional Surface
Transportation Fund, Project Development Schedules, and
Designation of FY2004 Chesterfield Road Fund Projects.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.2.c. TO CONSIDER AMENDMENTS TO COUNTY CODE SECTION 6-48
AND REPEAL OF COUNTY CODE SECTION 6-22 REGARDING
LICENSE TINS OR TAGS FOR PEDDLERS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
set the date of November 13, 2002 at 7:00 p.m. for a public
hearing to consider ordinance amendments relating to license
tins or tags for peddlers.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8 .C.2 .d.
TO CONSIDER AMENDMENTS TO COUNTY CODE SECTION
9-157 REGARDING THE PENALTY PROVISIONS OF THE
TRANSIENT OCCUPANCY TAX
On motion of Mr. McHale, seconded, by Mr. Barber, the Board
set the date of November 13, 2002 at 7:00 p.m. for a public
hearing to consider ordinance amendments relating to penalty
for late remittance of transient occupancy tax.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.2.e. TO CONSIDER AN ORDINANCE RELATING TO SPOT BLIGHT
ABATEMENT
On motion of Mr. McHale, seconded[ by Mr. Barber, the Board
set the date of November 13, 2002 at 7:00 p.m. for a public
hearing to consider an ordinance relating to spot blight
abatement.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
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10/23/02
8.C.2.f. TO CONSIDER AN ORDINANCE AMENDMENT RELATING TO
MOTOR VEHICLE SALES, SERVICES AND REPAIR IN CERTAIN
COMMERCIAL ZONING DISTRICTS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
set the date of November 13, 2002 at 7:00 p.m. for a public
hearing to consider an ordinance amendment relating to motor
vehicle sales, services and repair in certain commercial
zoning districts.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.3. STATE ROAD ACCEPTANCE
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to § 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
TYPe Chanoe to the Secondary System of State Hluhwavs: Addition
Baals for Change:
Statutory Reference:
Project:
From:
Addition, New subdivision street
§33.1-229
SL Regents Lake, Section 2
Markey Circle, State Route Number: 5359
Markey Rd., (Rt. 2025)
Cul-de-sac, a distance of: 0.02 miles.
Right-of-way record was filed on 12/22/1988 with the Office Of Clerk To Circuit Court in Pb. 64; Pg. 65,
with a width of 50 Ft.
· Stamford Circle, State Route Number: 5358
From: Stamford Rd., (Rt. 2010)
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10/23/02
To: Cul-de-sac, a distance of: 0.07 miles.
Right-of-way record was filed on 12/22/1988 with the Office Of Clerk To Circuit Court in Pb. 64; Pg. 65,
with a width of 50 Ft.
· Stamford Road, State Route Number: 2010
From: 0.10 Mi. E of Winterhaven Rd., (Rt. 2011)
To: Stamford Cr., (Rt. 5358), a dtstance of: 0.02 miles..
Right-of-way record was filed on 12/22/1988 with the Office Of Clerk To Circuit Court in Pb. 64; Pg. 65,
with a width of 50 Ft.
· Stamford Road, State Route Number: 2010
From: Stamford Cr., (Rt. 5358)
To: Cul-de-sac, a distance of: 0.07 miles.
Right-of-way record was filed on 12/22/1988 with the Office Of Clerk To Circuit Court in Pb. 64; Pg. 65,
with a width of 50 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described[ below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to § 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Tvoe Cham]e to the Secondary System of State Hl¢~hwavs: _Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Ashbrook, Section 11
· Falling Hill Terrace, State Route Number: 5391
From: Winding Ash Dr., (Rt. 4219)
To: Cul-de-sac, a distance of: 0.19 miles.
Right-of-way record was filed on 1/24/2001 with the Office Of Clerk To Circuit Court in Pb.115; Pg. 49,
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10/23/02
with a width of 40 Ft.
· Winding Ash Drive, State Route Number: 4219
From: .09 Mi. W of Shady Banks Dr., (Rt. 4209)
To: Winding Ash Tr., (Rt. 5389), a distance of: 0.06 miles.
Right-of-way record was filed on 1/24/2001 with the Office Of Clerk To Cimuit Court in Pb.115; Pg. 49,
with a width of 50 Ft.
· Winding Ash Drive, State Route Number: 4219
From: Winding Ash Tr., (Rt. 5389)
To: Winding Ash PI., (Rt. 5390), a distance of: 0.05 miles.
Right-of-way record was filed on 1/24/2001 with the Office Of Clerk To Circuit Court in Pb. 115; Pg. 49,
with a width of 50 Ft.
· Winding Ash Drive, State Route Number: 4219
From: Winding Ash PI., (Rt. 5390)
To: Failing Hill Tr., (Rt. 5391), a distance of: 0.05 miles.
Right-of-way record was filed on 1/24/2001 with the Office Of Clerk To Circuit Court in Pb.115; Pg. 49,
with a width of 50 Ft.
· Winding Ash Drive, State Route Number: 4219
From: Falling Hill Tr., (Rt. 5391)
To: .02 Mi. W of Falling Hill Tr., (Rt. 5391), a distance of: 0.02 miles.
Right-of-way record was filed on 1/24/2001 with the Office Of Clerk To Circuit Court in Pb.115; Pg. 49,
with a width of 50 Ft.
· Winding Ash Place, State Route Number: 5390
From: Winding Ash Dr., (Rt. 4219)
To: Cul-de-sac, 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. 49,
with a width of 40 Ft.
· Winding Ash Terrace, State Route Number: 5389
From: Winding Ash Dr., (Rt. 4219)
To: Cul-de-sac, 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. 49,
with a width of 40 Ft.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.4. INITIATION OF AN APPLICATION TO THE PRESERVATION
COMMITTEE FOR A CERTIFICATE OF APPROPRIATENESS FOR
CASTLEWOOD
On motion of Mr. McHale, seconded by Mr. Barber, the Board
initiated an application to the Preservation Committee for a
02- 745
10/23/02
Certificate of Appropriateness for Castlewood and appointed
the Executive Director of the Historical Society as the
agent.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.5. ADOPTION OF RESOLUTION RECC~NIZING THE 30~ YEAR
ANNIVERSARY OF THE CHESTERFIELD COMMUNITY SERVICES
BOARD
On motion of Mr. McHale, seconded iby Mr. Barber, the Board
adopted the following resolution:
WHEREAS, in 1971 with the intent of implementing the
provisions of Chapter 10, Title 37.1 of the Code of Virginia,
1950, as amended, the Chesterfield County Board of
Supervisors formally approved the establishment of a
community mental health and mental retardation services
program; and
WHEREAS, the eight citizens officially appointed by the
Board of Supervisors as charter members of the Chesterfield
Community Services Board procee6led to develop a strong
foundation of mental health and mental retardation programs
available to all Chesterfield residents; and
WHEREAS, activities and accomplishments during the first
decade of services included operation of an outpatient Mental
Health Clinic from a trailer located behind the old Health
Department building; and
WHEREAS, the Chesterfield Community Services Board (CSB),
realizing the need for geographic accessibility opened a
satellite clinic in Ettrick, as well as established an
occupational sheltered workshop for persons with mental
retardation; and
WHEREAS, the Chesterfield Community Services Board
established the first residential group home in the county
for persons with mental retardation and subsequently has been
recognized nationally for the quality supports that are
integrated within community housing options; and
WHEREAS, a wide array of quality behavioral health care
services are provided for Chesterfield County residents
through various programs located throughout the county
including: Residential Services, Outpatient Services, Crisis
Intervention, Medical Services, Child and Adolescent Services
Team, Consumer Service Coordination, Chesterfield Employment
Services, Infant Program, Psychi a tri c Rehabi 1 i tat i on
Services, and the Chester House Program (a psychosocial
clubhouse model); and
WHEREAS, during three decades of providing behavioral
health care the Chesterfield CSB was the first CSB to create
a comprehensive Primary Prevention Program, establish a
mutual agreement with the Medical College of Virginia for the
services of an expert psychiatric medical director, develop a
Critical Incident Stress Debriefing Program for public safety
personnel, create two nationally recognized model programs
promoting community integration ~Open Doors" and the
~Everybuddy Project," as well as construct a specially
02- 7~6
10/23/02
designed public facility that is considered a state-of-the-
art design in the Commonwealth.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby expresses congratulations
to the members of the Chesterfield County Community Services
Board on their 30tn Anniversary of providing mental health,
mental retardation, substance abuse and prevention services,
and further voices pride in the fact that the Chesterfield
County CSB is recognized locally, nationally and throughout
the Commonwealth as the hallmark of excellence for the
provision of quality behavioral health care.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.7. APPROVAL OF WATER CONTRACT FOR MAGNOLIA GREEN
OFFSITE WATER LINE PROJECT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved the following water contract for Magnolia Green
Offsite Water Line, Contract Number 00-0384, which includes
an extension of 6,500 L.F. + of sixteen-inch offsite water
lines and 3,000 L.F. + that is subject to refunds:
Developer:
Contractor:
Contract Amount:
Salvatore J. Cangiano
Infracorps of Virginia, Inc.
Estimated County Cost for
Offsite ..........
Estimated Developer Cost.
Estimated Total ......
Code: (Refunds thru Connections - Offsite)
District: Matoaca
$85,842.50
$372,392.50
$458,235.00
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.9.
REQUEST TO QUITCLAIM A PORTION OF A VARIABLE WIDTH
SEWER AND WATER EABEMENTACROSS THE PROPERTY OF
SHOPPES AT MIDLOTHIAN (ERA), LLC
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a variable width sewer and water easement across
the property of Shoppes at Midlothian (E&A), 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. DESIGNATION OF RIGHT OF WAY AT GROVE SHAFT PARK
On motion of Mr. McHale, seconded by Mr. Barber, the Board
designated right of way at Grove Shaft Park, and authorized
the County Administrator to execute the Declaration. (It is
02- 747
10/23/02
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.
REQUEST TO EXERCISE EMINENT DOMAIN FOR T~E
ACQUISITION OF A SIXTEEN-FOOT WATER EASEMENT AND
TWO TWELVE-FOOT TEMPORARY CONSTRUCTION EASE~NT~
FOR THE BERMUDA ORCHARD WATERLINE PROJECT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the County Attorney to proceed with eminent domain
for the acquisition of a sixteen-foot water easement and two
twelve-foot temporary construction easements across the
property of the heirs of Bettie Brown for the Bermuda Orchard
Waterline Project. (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. ACCEPTANCE OF PARCELS OF ~ND
8.C.12.a. ALONG THE WEST RIGHT OF WAY LINE OF IRONBRID~E
ROAD FROM JEFFREY L. AND LINDA E. BATEMAN
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted the conveyance of a parcel of land containing 0.005
acres along the west right of way line of Ironbridge Road
(State Route 10) from Jeffrey L. and Linda E. Bateman, 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.12.b. ALONG THE NORTH RIGHT OF WAY LINE OF WOODPECKER
ROAD AND A PARCEL ALONG THE EAST RIGHT OF WAY
LINE OF HICKORY ROAD FROM VIRGINIA STATE
UNIVERSITY REAL ESTATE FOUNDATION
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted the conveyance of two parcels of land containing a
total of 0.442 acres - one along the north right of way line
of Woodpecker Road (State Route 627); and one along the east
right of way line of Hickory Road. (State Route 628), from
Virginia State University Real Estate Foundation, and
authorized the County Administrator to execute the necessary
deed. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 768
10/23/02
8.C.13. REQUESTS FOR PERMISSION
8 .C.13 .&. FROM BF. NJAMIN GROVER GOINS TO INSTALL A PRIVATE
WATER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE
PROPERTY ON COINS LANE
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved a request from Benjamin Grover Goins for permission
to install a private water service within a private easement
to serve property at 2500 Goins Lane, 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.13.b. FROM ALAN W. GRECORY AND BARBARA J. GRECORY FOR A
FENCE TO ENCROACH WITHIN A FIFTY-FOOT UNIMPROVED
RIGHT OF WAY KNOWN/kS PULLIAM STREET, A TWENTY-
FOOT DRAINAGE, SEWER AND STORM WATERMANAGEMENT/
BEST MANAGEMENT PRACTICE ACCESS EASEMENT, AND AN
EIGHT-FOOT EASEMENT ACROSS LOT 5, BON AIR RIDGE
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved a request from Alan W. Gregory and Barbara J.
Gregory for permission for a fence to encroach within a
fifty-foot unimproved right of way known as Pulliam Street, a
twenty-foot drainage, sewer and storm water management/best
management practice access easement, and an eight-foot
easement across Lot 5, Bon Air Ridge, subject to the
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.13.c. FROM SOWERS BUILDINGS TO CONSTRUCT A SIGN WITHIN
A SIXTEEN-FOOT SEWER EASEMENT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved a request from Sowers Buildings for permission to
construct a sign within a sixteen-foot sewer easement,
subject to the execution of a license agreement. (It is
noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.13.d. FROM VINCENT Y. GREBAS AND CINDY B. GREBAS FOR A
FENCE TO ENCROACH WITHIN A TWENTY-FOOT SEWER AND
DRAINAGE EASEMENT ACROSS LOT 2, JESSUP FARMS,
SECTION D
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved a request from Vincent Y. Grebas and Cindy B. Grebas
for permission for an existing fence to encroach within a
twenty-foot sewer and drainage easement across Lot 2, Jessup
Farms, Section D, subject to the execution of a license
02- 749
10/23/02
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.13.e.
FROM ROBERT E. MOSES AND JANIE M. MOSES FOR AN
ASPHALT DRIVEWAY TO ENCROACH WITHIN A FIFTY-FOOT
UNIMPROVED RIGHT OF WAY KNOWN AS PAMPAS DRIVE
On motion of Mr. McHale, seconded ]Dy Mr. Barber, the Board
approved a request from Robert E. Moses and Janie M. Moses
for permission for an asphalt driveway to encroach within a
fifty-foot unimproved right of way known as Pampas Drive.
(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.14. TRANSFER OF DISTRICT IMPROVEMENT F%TN-DS
8.C.14.&. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE
PARKS AND RECREATION DEPARTMENT TO PURCHASE A
STORAGE SHED FOR ATHLETIC EQUIPMENT AT MATOACA
PARK
On motion of Mr. McHale, seconded by Mr. Barber, the Board
transferred $1,600 from the Matoaca ]District Improvement Fund
to the Parks and Recreation Department to purchase a storage
shed for athletic equipment at Matoaca Park.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.14.b. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE
PARKS AND RECREATION DEPARTMENT FOR RENTAL OF A
TENT AND CHAIRS AND LABOR CHARGE FOR STAFFIN~
AND CLEANING THE COMMUNITY BUILDIN~ USED AT THE
VETERANS DAY CEREMONY AT BENSLEY PARK
On motion of Mr. McHale, seconded by Mr. Barber, the Board
transferred $585 from the Bermuda District Improvement Fund
to the Parks and Recreation Department for rental of a tent
and chairs and labor charge for staffing and cleaning the
Community Building as part of the Veterans Day ceremony at
Bensley Park.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.15. CONSIDERATION OF REQUEST OF COLUMBIA GAS OF
VIRGINIA FOR MODIFICATIONOF THE AIRPORT INDUSTRIAL
PARK RESTRICTIVE COVENANTS RELATING TO CHAIN LINK
FENCES, GRAVEL ENTRANCE DR]UFEAND STATION AREA
On motion of Mr. McHale, seconded by Mr.
approved a request from Columbia Gas
modification of the Airport In~astrial
Barber, the Board
of Virginia for
Park Restrictive
02- 750
10/23/02
Covenants relating to chain link fences, gravel entrance
drive and station area, subject to conditions recommended by
staff.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.16. APPROVAL OF RECEIPT OF A FEDERAL TARGETED CAPACITY
EXPANSION JAIL DIVERSION GRANT FOR COMMUNITY
CORRECTIONS SERVICES AND APPROPRIATION OF FUNDS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved the acceptance of a federal Targeted Capacity
Expansion Jail Diversion Grant, in the amount of $299,902,
appropriated $299,902, and created four full-time positions
and one part-time position.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.17. APPROVAL OF THE PURCHASE OF A PARCEL OF LAND FOR A
VISITORS' CENTER FOR THE FALLING CREEK IRONWORKS
HISTORICAL SITE
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved the purchase of a parcel of land containing 1.35
acres, more or less, in the amount of $83,750, from Falling
Creek Limited Partnership, for a visitors' center for the
Falling Creek Ironworks Historical Site, subject to Virginia
Department of Transportation approval for use of grant funds,
and authorized the County Administrator to execute the
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.
The following items were removed from the Consent Agenda for
public comment:
8.C.8. CONVEYANCE OF EASEMENTS TO COLUMBIA GAS OF VIRGINIA,
INCORPORATED
Mr. Tom Faris expressed concerns relative to the current
location of the Columbia Gas easements, stating that they are
directly under flight paths and therefore a potential for
disasters. He stated that Columbia Gas has no record of
inspection of the pipeline. He further stated that Mr. Kirk
Turner, Development Manager, requested that Columbia Gas
probe the line under his observation, at the request of Mr.
Faris, to determine its depth. He further stated that
Columbia Gas has indicated that they probed the 2,300-foot
line in three places without Mr. Turner's presence.
Mr. Miller inquired about a standard for probing to determine
depth of pipelines.
Mr. Faris stated that natural gas pipelines are to be
installed in a manner that no outside force can move. He
02- 751
10/23/02
further stated that, if an airplane falls and hits that
pipeline, an emergency situation will occur.
Mr. Kirk Turner stated that Columbia Gas of Virginia is
regulated by the State Corporation Commission (SCC), and the
construction of the pipeline is exempt from local government
regulations. He further stated that Columbia Gas exposed the
gas line in three places, in the presence of an airport
employee, and in each case the depth exceeded 36 inches, well
below the minimum standards of 24 inches. He stated that he
is not aware of any industry standard for distance between
the probes.
Mr. Stith stated that staff will research the issue of an
industry standard for distance between probings.
Mr. Turner stated that the easements being requested are
needed to address Mr. Faris's concerns. He further stated
that Columbia will abandon the line that crosses Mr. Faris's
property and relocate it on county property. He stated that
staff can add language to assure that the new pipeline is
constructed according to SCC regulations.
Mr. Stith stated that Columbia Gas has indicated that they
are willing to work with the county in any way possible.
Mr. Turner stated that the Board may choose to condition the
granting of the easements upon Columbia Gas being required to
provide as-built plans to Chesterfield County demonstrating
that the new relocated line is installed at the proper depth
and in compliance with all SCC regulations.
No one else came forward to speak to the issue.
On motion of Mr. Miller, seconded by Mr. McHale, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute easement agreements with
Columbia Gas of Virginia, Incor[porated, with additional
language conditioning granting of ti~e easements upon Columbia
Gas being required to provide as-built plans to Chesterfield
County demonstrating that the new relocated line is installed
at the proper depth and in compliance with all State
Corporation Commission regulations, subject to necessary
approvals by the Virginia Department of Aviation and the
Federal Aviation Administration. (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.18. APPROVAL OF LEASE OF A PARCEL OF LAND FOR USE AS A
PUBLIC PARK
Mr. George Beadles stated that he feels the proposed park
should only be used for passive recreation so that additional
traffic in the area does not become an issue. He stated that
he feels this is a poor expenditure of money because the park
is not listed in the Capital Improvement Program until 2008.
No one else came forward to speak to the issue.
02- 752
10/23/02
Mrs. Humphrey inquired about the reason for passive
recreation, indicating that this is a prime location for
athletic fields.
Mr. Hammer stated that, because of financial considerations,
the first phase of the proposed park is planned for passive
recreation. He further stated that, if additional property
can be acquired, active recreational fields could be pursued.
He noted that the transfer is not limited to passive
recreation.
Mr. Miller stated that First Tee took out 150-plus acres of
passive recreation from the Dale District, and the proposed
park is a welcomed amenity.
On motion of Mr. Miller, seconded by Mr. McHale, the Board
approved the leasing of a parcel of land containing 154.168
acres, for use as a public park subject to substantial accord
approval; initiated an application for substantial accord on
Parcel 773688041000000 and appointed Mr. Stuart Connock,
Department of Parks and Recreation, as the Board's agent;
appropriated $112,000 from Parks and Recreation cash proffers
for the lease and related closing costs; and authorized the
County Administrator to execute the contract and lease. (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.
The following item was removed from the Consent Agenda for
Board discussion:
8.C.6. INITIATION OF AN APPLICATION F0R AN ~ TO
CONDITIONAL USE PLANNED DEVELOPMENT CASE #88S003,
RELATIVE TO SI~NAGE WITHIN THE BIRKD~E DEVELOPMENT
Mrs. Humphrey requested that the item be amended to provide
the application fee from the Matoaca District Improvement
Fund, rather than providing it through the county's general
fund.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
initiated an application for an amendment to Conditional Use
Planned Development Case #88S003 (with the application fee of
$2,400 being transferred from the Matoaca District
Improvement Fund) to eliminate conditions relative to signage
and permit exceptions for changeable copy community events
signs.
And, further, the Board appointed Mr. Kirk Turner, Community
Development Manger, to act as the agent for the Board of
Supervisors.
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.
02- 753
10/23/02
10. REPORTS
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
accepted the following reports:
A report on Developer Water and Sewer Contracts; and a Status
Report on the General Fund Balance, Reserve for Future
Capital Projects, District Improw~ment Funds, and Lease
Purchases.
And, further, the following roads were accepted into the
State Secondary System:
ADDITION LENGTH
0932-020-305, M501
Ashton Creek Road (Industrial Access) (Route
932) - From Route 746 (Enon Church Road) to
0.34 mile east of Route 746 (Enon Church Road) 0.34 Mi
Forest View, Section 5
Birdbrook Drive (Route 4504) - From 0.02 mile
south of Rollingside Drive (Route 4505) to
cul-de-sac 0.06 Mi
Twisted Oak Court (Route 4603) - From Twisted
Oak Drive (Route 4508) to cul-de-sac 0.11 Mi
Twisted Oak Drive (Route 4508) - From Twisted
Oak Court (Route 4603) to 0.02 mile west of
Twisted Oak Court (Route 4603) 0.02 Mi
Twisted Oak Drive (Route 4508) - From
Rollingside Drive (Route 4505) to Twisted
Oak Court (Route 4603) 0.05 Mi
Old Hundred Mill, Section A
Liberty Point Court (Route 4789) - From Liberty
Point Drive (Route 4776) to cul-de-sac 0 03 Mi
Liberty Point Drive (Route 4776) - From Liberty
Point Place (Route 4797) to Echo Ridge Place
(Route 3862) 0 16 Mi
Liberty Point Drive (Route 4776) - From Liberty
Point Drive (Loop) (Route 5299) to Liberty Point
Drive (Loop) (Route 5299) 0 02 Mi
Liberty Point Drive (Route 4776) - From Liberty
Point Court (Route 4789) to Liberty Point Place
(Route 4797) 0 11 Mi
Liberty Point Drive (Route 4776) - From Liberty
Point Drive (Loop) (Route 5299) to Liberty Point
Court (Route 4789) 0 02 Mi
Liberty Point Drive (Route 4776) - From Mill View
Drive (Route 4765) to Liberty Point Drive (Loop)
(Route 5299) 0 02 Mi
02- 75~
10/23/02
Liberty Point Drive Loop (Route 5299) - From
Liberty Point Drive (Route 4776) to Liberty Point
Drive (Route 4776)
Liberty Point Place (Route 4797) - From Liberty
Point Drive (Route 4776) to cul-de-sac
Mill View Drive (Route 4765) - From Old Hundred
Road (Route 754) to Liberty Point Drive (Route
4776)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
0.04 Mi
0.03 Mi
0.10 Mi
11. DINNER
On motion of Mr. Barber, seconded by Mr. McHale, the Board
recessed to the Administration Building, Room 502, for
dinner.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Reconvening:
12. INVOCATION
Reverend Shawn L. Knight, Director of Social Concerns for
Tabernacle Baptist Church, gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES
OF AMERICA
Deputy Chief Frank Edwards led the Pledge of Allegiance to
the flag of the United States of America.
14.
RESOLUTIONS AND SPECIAL RECOGNITIONS
RECOGNIZING PHILIP MORRIS U.S.A. FOR ITS COMMUNITY
EFFORTS AND SPONSORSHIP OF A TREE PLANTING CEREMONY
HONORING FIREFIGHTERS LOST ON SEPTEMBER 11, 2001
Deputy Chief Frank Edwards introduced Ms. Shelly Archer, Ms.
Debbie Newcomb and Mr. Henry Kidd, representing Philip Morris
U.S.A., and Mr. Chuck Brady and Ms. Mary McRoberts,
representing the Metro Richmond and Chesterfield Boys and
Girls Clubs, who were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the tragic events of September 11, 2001 caused
the loss of life of 343 firefighters in the New York City
Fire Department; and
WHEREAS, Philip Morris U.S.A. wanted to honor those
lives lost, the spirit and service of all of the firefighters
involved in September 11, 2001 and all firefighters in the
02- 755
10/23/02
Chesterfield County Fire and Emergency Medical Services (EMS)
Department; and
WHEREAS, the community spirit and initiative of the
employees of Philip Morris U.S.A. has positively impacted
Chesterfield County and the members of the Fire and EMS
Department; and
WHEREAS, Philip Morris U.S.A., its employees and its
dedicated community volunteers organized a tree planting
ceremony and provided a recognition plaque for the fire
service with the participation of tlhe Chesterfield Boys and
Girls Club at Fire Station #15 on October 1, 2002; and
WHEREAS, Philip Morris U.S.A. will also plant trees at
12 other fire stations in the county as part of their
recoqnition of the fire service in Chesterfield County; and
WHEREAS, Mr. Henry Kidd, a Philip Morris U.S.A.
employee, was inspired to create a memorial work of art
symbolizing the events of September 11, 2001 and the efforts
of fire and police personnel; and
WHEREAS, Mr. Kidd presented a copy of his memorial print
to Chesterfield Fire and EMS to be displayed at Fire Station
15.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 23rd day of October 2002,
publicly recognizes Philip Morris U.S.A. and its valuable
employees for their generous contribution to the Department
of Fire and Emergency Medical Services and acknowledges its
community support in honoring the firefighters who lost their
lives on September 11, 2001 and all of the firefighters in
Chesterfield County.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. Warren presented the executed resolution to Mr. Kidd,
accompanied by Chief Edwards and other representatives of
Philip Morris and the Boys and Girls Clubs, and expressed
appreciation for Philip Morris's ~enerous contribution and
continued support of the community, and the Chesterfield Boys
and Girls Club's assistance in plantin~ the trees.
Ms. Archer expressed appreciation to the Board for the
recognition and also expressed appreciation to the Boys and
Girls Club for their assistance.
Ms. McRoberts congratulated Philip Morris U.S.A. for its
continued good efforts in the community, expressed
appreciation to Philip Morris for its commitment to the Boys
and Girls Club, and also to the county for its support of the
Chesterfield Boys and Girls Club.
02- 756
10/23/02
15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON
T~ CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDERs
- WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT
ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION
- CASES WHERE THE APPLICANT DOES NOT ACCEPT THE
RECOM~F/gDATIONAND/OR THERE IS PUBLIC OPPOSITION WILL BE
HEARD AT SECTION 17
02SN0236 (Amended)
In Matoaca Magisterial District, HARBOURSIDE CENTRE LLC
requests amendment to Conditional Use Planned Development
(Case 88SN0056) and amendment of zoning district map relative
to approved Master Plan, uses, site design, buffers and
drainage. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
mixed use corridor use. This request lies in Neighborhood
Business (C-2) and Corporate Office (0-2) Districts on 8.4
acres fronting approximately 470 feet on the south line of
Hull Street Road, also fronting approximately 200 feet on the
west line of Mockingbird Lane, also fronting in two (2)
places approximately 240 feet on the west line of Harbourside
Drive and located at the intersection of these roads. Tax ID
730-673-1465, 2097, 2291 and 4078 (Sheets 15 and 16).
Mr. Jacobson stated that the applicant has requested that the
case be remanded to the Planning Commission.
Mr. Miller called for the public hearing.
No one came forward to speak to the remand request.
After brief discussion, on motion of Mrs. Humphrey, seconded
by Mr. McHale, the Board remanded Case 02SN0236 to the
Planning Commission.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02SN0284 (Amended)
In Midlothian Magisterial District, CARMAX requests rezoning
and amendment of zoning district map from Agricultural (A) to
Community Business (C-3) with Conditional Use and Conditional
Use Planned Development on 10.7 acres to permit motor vehicle
sales and rental, body repair and auction and exceptions to
Ordinance requirements plus proffered conditions on 7.1 acres
currently zoned Agricultural (A) and amendment to proffered
conditions (Case 98SN0281) on an adjacent 2.0 acre parcel
currently zoned Community Business (C-3). The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for planned transition area use.
This request lies on 19.8 acres fronting approximately 950
feet on the south line of Midlothian Turnpike, approximately
810 feet west of Murray 01ds Drive. Tax IDs 737-707-2091,
2699, 5021 and 6565, 737-708-3608, 4320, 7210 and 9017
(Sheet 6).
Mr. Jacobson stated that the applicant had withdrawn Case
02SN0284 from consideration.
02- 757
10/23/02
The Board acknowledged withdrawal of Case 02SN0284.
02SN0305
In Midlothian Magisterial District, PYRAMID SITE ACQUISITION
SERVICES AND DOMINION VIRGINIA PO~R request Conditional Use
Planned Development and amendment of zoning district map to
permit a communications tower plus height exception in a
Corporate Office (0-2) District. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for high density residential use of
7.01 units per acre or more. This request lies on 13.3 acres
lying approximately 150 feet off the north line of Walmart
Way, approximately 1,000 feet north of Midlothian Turnpike.
Tax ID 735-709-5944 (Sheet 6).
Mr. Jacobson presented a summary of Case 02SN0305 and stated
that the Planning Commission and staff recommend approval
subject to conditions and acceptance of the proffered
condition. He noted that the re¢~est conforms to the siting
criteria for towers.
Ms. Lisa Murphy, representing the applicant, stated that the
recommendation is acceptable.
Mr. Miller called for the public hearing.
No one came forward to speak to the request.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
approved Case 02SN0305 subject to the following conditions:
There shall be no signs permitted to identify this use.
(p)
o
The base of the tower shall be enclosed by a minimum six
(6) foot high fence designed to preclude trespassing.
The fence shall be placed so as to provide sufficient
room between the fence and the property line to
accommodate evergreen plantings having an initial height
and spacing to provide screening of the base of the
tower and accessory ground-mounted equipment or
structures from adjacent properties. A detailed plan
depicting this requirement shall be submitted to the
Planning Department for approval in conjunction with
final site plan review. (P)
The tower and equipment shall be designed and installed
so as not to interfere with the Chesterfield County
Communications System. At the time of site plan review,
the owner/developer shall submit information as deemed
necessary by the Chesterfield County Communications and
Electronics staff to determine if an engineering study
should be performed to analyze the possibility of radio
frequency interference with tlhe County system, based
upon tower location and height, and upon the frequencies
and effective radiated power generated by tower-mounted
equipment. Prior to release of a building permit the
study, if required, shall be submitted to, and approved
by, the Chesterfield County Communications and
Electronics staff. (GS)
02- 758
10/23/02
o
The developer shall be responsible for correcting any
frequency problems which affect the Chesterfield County
Communications System caused by this use. Such
corrections shall be made immediately upon notification
by the Chesterfield County Communications and
Electronics staff. (GS)
The color, and lighting system and design for the tower
shall be as follows:
so
The tower shall be gray or another neutral color,
acceptable to the Planning Department.
b. The tower shall not be lighted.
c. The tower shall be of a monopole structure.
The antenna(s) on the tower shall be limited to
"flush mounted" antenna(s) as depicted in the
elevations on the plan entitled Sprint PCS,
Comprehensive Site Plan, Site ID No. RI13XC171E,
Stone Henge/VEPCO and dated 10/16/01. (P)
o
At such time that the tower ceases to be used for
communications purposes for a period exceeding twelve
(12) consecutive months, the owner/developer shall
dismantle and remove the tower and all associated
equipment from the property. (P)
In conjunction with the approval of this request, a
forty-nine (49) foot exception to the 150 foot height
limitation shall be granted. (P)
And, further,
condition:
the Board accepted the following proffered
On the anniversary of the issuance of a building permit to
construct the tower each year, the Developer will provide the
County with written proof that the non-ionizing
electromagnetic radiation emitted form its wireless
communications equipment located on the tower complies with
ground level exposure standards established by the Federal
Communications Commission. (P)
Ayes: Miller, Warren, Barber and Humphrey.
Nays: None.
Abstain: McHale (because of his employment with Dominion
Virginia Power.)
038R0100
In Dale Magisterial District, DOUGLAS J. AND DEBORAH A.
HACKMAN request renewal of Conditional Use Planned
Development (Case 01SN0168) and amendment of zoning district
map to permit office use and exceptions to Ordinance
requirements. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
residential use of 1.0 to 2.5 units per acre. This request
lies in an Agricultural (A) District on 7.2 acres fronting
approximately 670 feet on the west line of Newbys Bridge
02- 759
10/23/02
Road, approximately 200 feet south of Sunnygrove Road.
ID 758-681-2847 and Part of 4279 (Sheet 17).
Tax
Mr. Jacobson presented a summary of Case 03SR0100 and stated
that the Planning Commission and staff reco~end approval
subject to one condition and acceptance of the proffered
conditions.
Mr. Andy Scherzer, representing the applicant, stated that
the recommendation is acceptable.
Mr. Miller called for the public hearing.
No one came forward to speak to the request.
On motion of Mr. Miller, seconded, by Mr. McHale, the Board
approved Case 03SR0100 subject to the following condition:
The Textual Statement dated May 21, 2001, shall be approved.
(p)
And, further,
conditions:
the Board accepted the following proffered
This Conditional Use Planned Development shall be
granted for a period not to exceed eighteen (18) months
from the date of approval. This Conditional Use Planned
Development shall be granted to and for Douglas J. and
Deborah A. Hackman, or to an entity in which at least
one of them owns a controlling interest, and shall not
be transferable nor run with the land. (P)
This Conditional Use Planned Development shall be
limited to a home health care administrative office use.
A maximum of seventeen (17) employees shall maintain
offices on the Property at any one time and a maximum of
twenty (20) employees shall be permitted on the Property
at any one time. Provided, however, a maximum of two
(2) company functions may occur on the Property during
any one (1) calendar year wkere more than twenty (20)
persons are on the Property at: any one time. (P)
o
No clients shall be treated or consulted
Property. No retail or ~holesale sales
conducted on the Property. (P)
on the
shall be
o
Operation of this Conditional Use Planned Development
shall be limited to the buildings noted on the plan as
Barn/Office, House/Office and Office entitled, ~Freedom
Inc., 5418 Newbys Bridge Road Chesterfield Co.,
Virginia" and dated June 4, 2001 (the ~Plan#). There
shall be no additions or exterior alterations to these
structures to accommodate this use except those required
by the Virginia Uniform Statewide Building Code
(VAUSBC). Such uses shall occupy no more than 5,000
square feet of gross floor area. (BI)
o
For any function attended by fifty (50) or more persons,
a minimum of one (1) portable toilet for each one
hundred (100) persons in attendance shall be provided on
the Property. (H)
02- 760
10/23/02
o
All uses shall be conducted entirely within enclosed
buildings, except for accessory automobile parking and
functions where more than twenty (20) persons may be
located on the Property at any one time, as described in
Proffered Condition 2. (P)
o
Business hours shall be limited to Monday through Friday
from 7 a.m. to 8 p.m. (P)
o
Loading areas, loading docks and drives-in loading doors
shall be prohibited. (P)
o
There shall be no exterior lighting other than security
lighting which shall comply with Section 19-573 of the
Zoning Ordinance and shall not exceed a height of twelve
(12) feet. The amount of security lighting shall be
approved by the Planning Department. (P)
10.
With the exception of six (6) parking spaces which may
be located in front of the ~Barn/Office" building as
noted in the ~Plan", all parking shall be located behind
buildings as generally depicted on the ~Plan.# (P)
11.
There shall be no visible signage from Newbys Bridge
Road that identifies the use. (P)
12.
Direct access from the Property to Newbys Bridge Road
shall be limited to one (1) existing entrance/exit. Any
relocation of this access shall be approved by the
Transportation Department. (T)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
03SN0110
In Bermuda Magisterial District, THE RESTAURANT CO. requests
amendment to Conditional Use Planned Development (Case
87S039) and amendment of zoning district map relative to
signs. The density of such amendment will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for community scale
commercial use. This request lies in a Residential (R-15)
District on 1.0 acre fronting approximately 160 feet on the
north line of East Hundred Road, approximately 200 feet west
of Kingston Avenue. Tax ID 819-652-Part of 0000 (Sheet 27).
Mr. Jacobson presented a summary of Case 03SN0110 and stated
that the Planning Commission and staff recommend approval
subject to one condition.
Mr. Walt Gard, representing the applicant, stated that the
recommendation is acceptable.
Mr. Miller called for the public hearing.
No one came forward to speak to the request.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved Case 03SN0110 subject to the following condition:
02- 761
10/23/02
With the exception of signs, development shall conform to
Corridor Overlay District standards, except as otherwise
noted in conditions of Case 87S039. (P)
(NOTE: This Condition supersedes Condition 2 of Case 87S039
for the request property only. Tiherefore, sings would be
required to comply with the applicable Zoning Ordinance
standards.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
16. PUBLIC HEARINGS
o TO CONSIDER A REVISION TO THE S~DIVISION ORDINANCE
RELATIVE TO THE SECOND ACCESS P~:QUIREMENTS AT THE TIME
OF ZONIN~
Mr. Jacobson stated that this date and time has been
advertised for continuation of the public hearing to consider
a revision to the subdivision ordinance relative to the
second access requirements at the time of zoning. He further
stated that the current subdivision ordinance allows the
Board to provide relief to the requirement for a second
access to a subdivision. He stated that the Planning
Commission and staff recommend that the relief should be
granted through a subdivision process and not through the
zoning process because there is more data and information
available and there are standards for the granting of that
waiver through the subdivision process. He further stated
that the Board requested that staff prepare an alternative to
make it simpler and easier for aggrieved property owners to
appeal a Planning Commission decision to the Board, and
indicated that ~Alternative C" would allow an aggrieved party
to appeal to the Board any waiver of this requirement that is
granted by the Planning Commission.
When asked, Mr. Jacobson stated that aggrieved persons
include the applicant and anyone else who is impacted by the
decision. He further stated that if a waiver request by the
Planning Commission is denied, ~Alternative C" would allow an
aggrieved party to appeal that decision to the Board if the
traffic on their local street would exceed the county's
standards.
Mr. Miller called for the public hearing.
Mr. William Shewmake stated that he feels the appeal
procedure currently proposed by staff is too narrow. He
expressed concerns that if the Board eliminates providing
relief to the requirement for a second access to a
subdivision from the zoning process, developers will not be
able to proffer not to connect. Hie stated that he feels the
Board has exercised good judgment on this issue, and urged
the Board not to divest itself of this authority.
When asked, Mr. Shewmake stated that he would keep the
Board's ability to address the issue at the time of zoning,
and also add a provision for appeals as part of the site plan
or tentative subdivision approval process.
02- 762
10/23/02
Mr. Miller stated that the second access policy addresses the
safety of the community, and expressed concerns relative to
deviating from that policy.
Mr. Shewmake stated that a developer will be unable to
proffer a condition relating to second access at time of
zoning without knowing how many lots he will be allowed.
Mr. Barber expressed concerns that providing relief to second
access requirements might make citizens happy in the short
term, but disconnection from neighborhood to neighborhood
will eventually lead to larger problems.
Mr. Shewmake expressed concerns that good zoning cases might
not transpire because the Board did not have the power to
consider this issue at the time of zoning.
Mr. Andy Scherzer stated that he supports Mr. Shewmake's
position, and feels the Board should retain its ability to
grant exceptions to the second access requirement at the time
of zoning.
Mr. David Root, representing the Richmond Homebuilders
Association, stated that he feels the Board should continue
its flexibility of granting relief to the second access
requirement at the time of zoning.
There being no one else to speak to the issue, the public
hearing was closed.
Mr. Jacobson stated that the procedure for allowing the Board
to grant an exception to the second access requirement during
the zoning process has only been in effect for the past year.
He further stated that staff has seen during the past year
many cases brought forth by the developer asking for an
exception to the second access requirement, and indicated
that staff fears in the long run this will have a negative
impact on the design of our community. He stated that the
Planning Commission and staff feel the issue can be dealt
with better at the time of subdivision approval because more
information will be available that is unknown at the time of
zoning. He further stated that "Alternative C" allows an
appeal of the Planning Commission's decision to the Board in
situations that will seriously impact adjacent property
owners.
Mr. Miller expressed concerns relative to the number of cases
in which the Board has allowed an exception to the second
access requirement. He stated that he does not feel the
Planning Commission should be the final arbiter, yet does not
feel the Board should review everything the Planning
Commission is involved in.
Mr. McHale expressed concerns relative to Mr. Shewmake's
comments regarding good zoning cases not coming forward
because the developer may not know with certainty whether a
second access will be required.
Mr. Miller stated that he feels comfortable in adopting
~Alternative C."
Mr. Barber stated that he, too, feels "Alternative C# is a
fair compromise.
02- 763
10/23/02
Mrs. Humphrey expressed concerns that adopting the proposed
ordinance could reduce neighborhood participation in the
zoning process.
Mr. Barber stated that he does not see the economic concerns
expressed by Mr. Shewmake.
Mr. Warren stated that he feels the proposed ordinance would
remove a step that might benefit tlhe public and would relieve
the Board of a responsibility that it should have. He
suggested that the issue be deferred to allow additional time
for consideration by the Board.
Mr. Miller stated that his concern is not to make the Board's
job easier, but to create a better process.
Mr. Barber requested that staff provide a list of zoning
cases from which the second access policy has been deviated.
Mr. Barber then made a motion, seconded by Mr. McHale, for
the Board to defer consideration of the revision to the
subdivision ordinance relative to second access requirements
at the time of zoning until November 26, 2002.
Mr. McHale requested that the list of zoning cases from which
the second access policy has been deviated also include
issues involved in each case that led to the deviation.
Mr. Miller called for a vote on the motion of Mr. Barber,
seconded by Mr. McHale, for the Board to defer consideration
of a revision to the subdivision ordinance relative to second
access requirements at the time of zoning until November 26,
2002.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
17. REMAININ~ MOBILE HOME PERMITS AND ZONIN~ REQUESTS
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)
District. The Comprehensive Plan suggests the property is
appropriate for iow density residential use of 1.5 units per
acre or less. 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 35).
Ms. Beverly Rogers presented a s~ary of Case 02SN0234 and
stated that, since the Planning Co~mmission's hearing on the
request, the applicant submitted, an additional proffered
condition offering a cash payment of $3,020 per dwelling unit
on the part of the property proposed to be rezoned to R-12.
She further stated that staff recoi~ended approval subject to
02- 764
10/23/02
the applicant fully addressing the impact of the proposed 6.7
acres to be rezoned to R-12 on capital facilities. She
stated that the Planning Commission recommended denial of the
request because the impact of the 6.7 acres of R-12 zoning
had not been addressed at that time by the applicant. She
noted that the density of the proposed development conforms
to the Consolidated Eastern Area Plan.
Mr. Jeff Collins, representing the applicant, stated that the
applicant has provided an additional cash proffer to address
capital improvements, and requested the Board's approval of
the proposed development.
When asked, Mr. Collins stated that the applicant has agreed
to provide turn lanes which will straighten out a dangerous
curve on Enon Church Road.
No one came forward to speak to the request.
After brief discussion, on motion of Mr. McHale, seconded by
Mr. Warren, the Board suspended its rules to allow for
consideration of Proffered Condition 7 relative to cash
proffers.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
On motion of Mr. McHale, seconded by Mr. Warren, the Board
approved Case 02SN0234 and accepted the following proffered
conditions:
The property owner (the "Owner") in this zoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County,
for themselves and their successors or assigns, proffer that
the development of the Property known as Chesterfield County
Tax ID/GPIN 819644012500000 and 81664473430000 (the
~Property") under consideration will be developed according
to the following conditions if, and only if, the request for
the Property known as Tax ID/GPIN 819644012500000 to be
rezoned from A (Agricultural) to R-12 (Single Family
Residential) is granted. In the event the request is denied
or approved with conditions not agreed to by the Owner, the
proffers and conditions shall be immediately null and void
and or no further force or effect.
The following
819644012500000:
proffers shall only apply to GPN
Timbering. Except for the timbering approved by the
Virginia State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance
permit has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. (EE)
o
Utilities.
used. (U)
Public water and wastewater systems shall be
Dwelling units shall have a minimum 1,800 square feet of
gross floor area. (P)
02- 765
10/23/02
In conjunction with recordation of the initial
subdivision plat forty-five (45) feet of right-of-way on
the north side of Enon Church Road, measured from the
centerline of that part of Encn Church Road immediately
adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
o
No direct access shall be provided from the property to
Enon Church Road. The Transportation Department may
modify this condition to allow one (1) public road
access from the property to Enon Church Road, if the
developer provides a right turn lane along Enon Church
Road based on Transportation iDepartment Standards, and
dedicates to Chesterfield County any necessary right-of-
way for these road improvements. (T)
o
Any lots having sole access tlhru Cobbs Point Subdivision
shall have a average lot size of 15,870 square feet.
(P)
Cash Proffer. For each dwelling unit developed on GPIN
819644012500000, the applicant, subdivider, or
assignee(s) shall pay $3,020.00 per unit to the County
of Chesterfield, prior to the time of issuance of a
building permit, for infrastructure improvements within
the service district for the Property if paid prior to
July 1, 2003. At the time of payment, the cash proffer
shall be allocated pro-rata among the facility costs as
calculated annually by the County Budget Department as
follows: $1,078.00 for schools, $150.00 for parks,
$280.00 for library facilities, $312.00 for fire
stations and $1,200.00 for roads. Thereafter, such
payment shall be the amount approved by the Board of
Supervisors not to exceed $3,020.00 per unit adjusted
upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 2002 and July 1 of
the fiscal year in which the payment is made if paid
after June 30, 2003. If any of the cash proffers are
not expended for the purposes for which proffered within
fifteen (15) years from the date of payment, they shall
be returned in full to the payer. Should Chesterfield
County impose impact fees at a~ time during the life of
the development that area applicable to GPIN
819644012500000, the amount paid in cash proffers shall
be in lieu of or credited toward, but not in addition
to, any impact fees in a manner as determined by the
County. (B&M)
The following proffer shall apply to both GPN 819644012500000
and GPN 816644734300000.
o
The overall density shall not exceed 1.5 dwelling units
per acre. (P)
(Staff Note: This proffered condition is in addition to
Proffered Condition 1 of Case 88SN0197.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 766
10/23/02
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 amendment 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).
Ms. Rogers presented a summary of Case 02SN0285 and stated
that a condition was imposed on a past zoning that required
removal of the billboard on the adjacent property prior to
release of occupancy permits on the subject property. She
further stated that the applicant desires to delete that
requirement, and in lieu of that condition, has submitted a
proffered condition today that would require the sign to be
removed on or before November 30, 2005, the submission of an
agreement authorizing entry into the adjacent property for
the purpose of removing the sign, and a bond to cover the
removal and cost prior to the release of a building permit on
the subject property. She stated that the County Attorney's
office has identified some risks in accepting the proffered
condition with respect to fulfilling the obligation to remove
the sign without a written agreement from the leaseholder
permitting the removal of the sign. She noted that the Board
would need to suspend its rules to consider the proffered
condition. She stated that the Planning Commission
recommended approval conditioned upon a more stringent
condition that would require the removal of the billboard
prior to the release of any building permit. She further
stated that staff recommended approval and can recommend
acceptance of the newly submitted proffered condition.
Mr. Dean Hawkins, representing the applicant, stated that the
applicant has presented a proffered condition to try to
ensure the removal of the sign when the lease runs out in
2005. He further stated that there is a lawsuit on file to
have the sign declared to be an invalid tenant, so there is a
possibility that the sign could be removed prior to 2005.
Mr. Miller stated that he feels the proffered condition is
fair to all parties involved.
Ms. Betty Taylor expressed concerns relative to maintenance
of the right of way leading from the subject property to her
property. She further stated that her family has maintained
the right of way for 46 years and questioned who would be
responsible now that it has been dedicated to the county.
Mr. Hawkins stated that the right of way has been dedicated
for the entire length of the strip leading to Ms. Taylor's
property, and there is no maintenance agreement for the right
of way. He further stated that the applicant will agree to
freshen up the entire length of the right of way at the
conclusion of construction.
02- 767
10/23/02
Mr. Micas stated that the county c)w~s numerous rights of way
that are maintained based upon the amount of usage.
There being no one else to speak to the request, the public
hearing was closed.
On motion of Mr. Miller, seconded[ by Mr. McHale, the Board
suspended its rules to allow :for consideration of the
proffered condition.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
On motion of Mr. Miller, seconded: by Mr. McHale, the Board
approved Case 02SN0285 and accepted the following proffered
condition:
The property owner (the "0wner'~) in this zoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County,
for themselves and their successors or assigns, proffer that
the Property know as Chesterfield County Tax Identification
Numbers 771-672-8290 and 772-672-3298 (the ~Property") under
consideration will be developed according to the conditions
of Case Number 85S154, as herein amended, if, and only if,
the request for amendment to CUPID (Case Number 85S154) is
granted to remove Condition 8 re,~liring the removal of an
outdoor advertising sign on Tax Parcel 772-672-3836 prior to
the release of occupancy permits for the subject Property are
granted. In the event the request is denied or approved with
conditions not agreed to by the Owner, the proffer shall
immediately be null and void and ]have no further force or
effect.
On or before November 30, 2005, the outdoor advertising sign
located on Tax ID 772-673-3836 shall be removed. Prior to
issuance of a building permit, the following shall be
accomplished:
An agreement signed by the property owner of Tax ID
772-673-3836 authorizing the property owners of Tax
ID's 771-672-8290 and 772-672-3298 or
representatives of the County of Chesterfield to
enter Tax ID 772-673-3836 allowing the removal of
the sign and entry onto the property for the
purpose of removing the outdoor advertising sign
after November 30, 2005, shall be executed.
A bond in an amount approved by the Planning
Department to cover the cost of removal of the
outdoor advertising sign located on Tax ID 772-673-
3836 shall be posted with Chesterfield County by
the property owner of Tax ID 772-673-3836. (P)
(Note: This Condition supersedes Condition 8 of Case 85S154.
With the exception of Condition 8 of Case 85S154, all
previous conditions of Case 85S154 shall remain in effect.
Condition 8 shall remain in effect for Tax ID 772-673-3836.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 768
10/23/02
Mr. Miller excused himself from the meeting.
02SN02~6
In Matoaca Magisterial District, FREDERICK YAKELEWICZ AND
MARIANNE YAKELEWICZ request rezoning and amendment of zoning
district map from Residential (R-7) to Agricultural (A) with
Conditional Use to permit a mobile repair service business,
equine riding lessons and training associated with a stock
farm. The density of such amendment will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for residential use
of 1 to 5 acre lots suited to R-88 zoning. This request lies
on 12.0 acres fronting approximately 430 feet on the east
line of Branders Bridge Road, approximately 500 feet north of
Lakeview Road; also fronting approximately 500 feet on the
north line of Lakeview Road, approximately 700 feet east of
Branders Bridge Road. Tax ID 794-623-5456 (Sheet 41).
Ms. Rogers presented a summary of Case 02SN0246 and stated
that staff recommended denial because the request for
Agricultural (A) zoning does not comply with the Southern and
Western Area Plan and the proposed mobile home repair is not
compatible with existing and anticipated residential
development in the surrounding area. She further stated that
the Planning Commission recommended approval and acceptance
of the proffered conditions, indicating that the proffered
conditions were superior to those approved on various
previous approvals. She noted that, if the request is not
approved, the uses proposed would still be allowed under the
conditions previously approved by the Board of Supervisors
and the Board of Zoning Appeals.
Mr. Warren called for the public hearing.
Mr. Frederick Yakelewicz stated that
Commission's recommendation is acceptable.
the Planning
Mrs. Caroline Temple, adjacent property owner, stated that
she personally has no objection to the rezoning if the
proffered conditions are met.
Mr. Everett Temple expressed concerns that rezoning to allow
manufactured homes could set a precedent, and stated that he
opposes the request even with the proffered conditions.
There being no one else to speak to the request, the public
hearing was closed.
Mrs. Humphrey stated that she feels the applicant has
proffered conditions that are generous and consistent with
the Matoaca community.
Mrs. Humphrey then made a motion, seconded by Mr. Warren, for
the Board to approve Case 02SN0246 and accept the following
proffered conditions:
02- 769
10/23/02
Proffered Conditions for Conditional Use for the ridin~ --4
horse skills lessons business and the mobile auto repair and
service business
This Conditional Use shall be granted to and for
Frederick and Marianne Yakelewicz, exclusively, shall
not be transferable nor run with the land, and shall
only be permitted provided one or both of the
applicant's reside on the subject property. (P)
o
No outdoor lighting shall
security lighting. (P)
be permitted other than
A maximum of two (2) signs, limited to one (1) for each
business, which conform to home occupation sign
requirements of the Zoning Ordinance shall be permitted
to identify these uses. (P)
Prior to any final site plan approval, forty-five (45)
feet of right-of-way on the north side of Lakeview Road
and on the east side of Branders Bridge Road, measured
from the centerline of both roadways immediately
adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
o
Direct access from the property to Lakeview Road and to
Branders Bridge Road shall be limited to one (1)
entrance/exit onto each roadway. The exact location of
these accesses shall be approved by the Transportation
Department. (T)
Proffered Conditions for Conditional Use for riding and horse
skills lessons business
o
In conjunction with the keeping of horses, the teaching
of horseback riding and other horse skills shall be
permitted. No retail sales shall be permitted. There
shall be no horse shows nor other uses or activities
which would necessitate the assembly of more than eight
(8) persons at any one time exclusive of the applicants
and their immediate family. (P)
One (1) parking space shall be provided for each two (2)
students on the property at any one time for the riding
and horse skills lessons. (P)
Proffered Conditions for Conditional Use for the mobile auto
repair and service business
o
The Conditional Use for the mobile auto repair and
service business shall be granted to permit the
operation of an office for the business, where vans are
dispatched to off-site locations to repair and service
vehicles. (P)
The mobile auto repair and service business shall be
located generally in the area identified as "Proposed
Office" on the Plan titled "Yakelewicz Office Area" and
the primary access to such use shall be via a driveway
to Lakeview Road. (P)
02- 770
10/23/02
10.
11.
12.
13.
14.
The Conditional Use for the mobile repair and service
business shall be granted for a period not to exceed two
(2) years from the date of approval of this Conditional
Use. (P)
There shall be no maintenance or repair (i.e. mechanical
or other repairs, cleaning, etc.) of any vehicles to
include company vehicles allowed on-site. (P)
A maximum of eighteen (18) employees, other than the
applicants, shall be engaged in the mobile auto repair
and service business. Equipment storage shall be
limited to parking of five (5) company vehicles. (P)
Hours of operation for the mobile auto service and
repair business shall be restricted to between 7:00 a.m.
and 5:00 p.m. Monday through Saturday. Provided,
however, that a maximum of one (1) employee may be
permitted on-site during other hours for the purpose of
dispatching vehicles to off-site locations. (P)
On the east and west boundaries of the area identified
as ~Proposed Office" on the Plan titled ~Yakelewicz
Office Area," the following minimum buffers shall be
maintained: a) from the eastern boundary a minimum
eighty-five (85) foot buffer inclusive of the required
setback shall be maintained, and b) from the western
boundary a minimum 100 foot buffer shall be maintained.
Further, all driveways, parking areas, and buildings
shall be located a minimum of 130 feet from the ultimate
right-of-way of Lakeview Road. No trees greater than
eight (8) inches in caliper shall be removed from the
buffer or setback described herein. In cleared areas of
400 square feet or greater within the buffer or setback,
existing vegetation shall be supplemented where
necessary to minimize the view of the uses from adjacent
properties and the public right-of-way. A landscaping
plan depicting this requirement shall be submitted to
the Planning Department for review and approval in
conjunction with site plan review. (P)
15.
The uses to include building, driveway and parking areas
shall not exceed 57,000 gross square feet of total area
and any building shall not exceed 1500 gross square
feet. Any structure associated with the mobile auto
repair and service business shall be a modular or mobile
office unit. (P)
Proffered Conditions for manufactured hc~e and stock farm
uses
16.
17.
18.
19.
Any manufactured home shall be placed on a permanent
foundation with masonry skirting. (P)
Any manufactured home shall be multi-sectional. (P)
Any stock farm use shall be limited to the keeping of
six (6) horses and a total of twelve (12) chickens or
other fowl. (P)
Ail facilities and areas associated with the keeping of
stock animals (stables, pastures, etc.) shall be cleaned
and made free of waste on a regular basis. In addition,
02- 771
10/23/02
the property owner shall employ a means of eliminating
any odor problems and propagation of insects. (p)
20.
Facilities and areas (stables, pastures, horse rings,
etc.) associated with the keeping of stock animals shall
be located a minimum of fifty (50) feet from other
adjacent properties and public rights of way or shall be
located a minimum of one hundred (100) feet from any on-
or off-site well, whichever is: greater. (p)
(NOTE: In addition to these setbacks, accessory structures
such as stables and storage sheds must conform to the setback
requirements of the Zoning Ordinance for accessory structures
in the underlying zoning district.)
Ayes: Warren, Barber, Humphrey and McHale.
Nays: None.
Absent: Miller.
Mr. Miller returned to the meeting.
02SN0258
In Midlothian Magisterial District, CLF & ASSOCIATES, INC.
requests amendment of Conditional Use (Case 00SN0188) and
amendment of zoning district map relative to uses and hours
of operation. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
office use. This request lies in a Corporate Office (0-2)
District on 3.4 acres fronting approximately 250 feet on the
north line of Old Buckingham Road, also fronting in two (2)
places for a total of approximately 340 feet on the west line
of Alverser Drive and located in the northwest quadrant of
the intersection of these roads. Tax ID 739-710-3648 (Sheet
6).
Ms. Rogers presented a summary of Case 02SN0258 and stated
that staff recommends denial because the commercial uses do
not comply with the Alverser/Old Buckingham Plan Amendment
which recommends office use; the uses proposed intensify the
commercial uses which were alrea(~~ permitted by previous
zoning action; and approval of the request could set a
precedent for further commercialization to the west along Old
Buckingham Road. She further stated that the Planning
Commission recommended approval and acceptance of two
proffered conditions, indicating that the conditions require
the office transition to the west; therefore, a precedent for
further commercial uses to the west should not be
established. She stated that the Planning Commission also
noted that the additional commercial uses would be compatible
with those already permitted on the p.roperty.
Mr. Andy Scherzer, representing the applicant, stated that
the applicant has proposed limited uses and there is
transitioning along Old Buckingham Road. He requested that
the Board approve the request as recommended by the Planning
Commission.
Mr. Miller called for the public hearing.
No one came forward to speak to the request.
02- 772
10/23/02
After brief discussion, on motion of Mr. Barber, seconded by
Mrs. Humphrey, the Board approved Case 02SN0258 and accepted
the following proffered conditions:
Limitation of uses within Tract B-1. Within that portion
of the property designated on the "Zoning Plan" dated 6-
25-02 prepared by Balzer and Associates, Inc., as Tract
B-l, permitted uses shall include those uses permitted
by right or with restrictions in the Corporate Office
(0-2) District, plus those permitted by right or with
restrictions in the Convenience Business (C-l) District,
except that the following uses shall not be permitted:
a)
b)
c)
d)
e)
f)
g)
h)
±)
j)
k)
1)
m)
n)
o)
p)
q)
r)
s)
Convenience store.
Grocery store.
Gasoline sales.
Funeral homes or mortuaries.
Messenger or telegraph services.
Post offices, limited to federal post offices.
Telephone exchanges.
Public or private parks, playgrounds, and/or
athletic fields.
Public or private utility uses.
Coin operated dry-cleaning; pressing; laundry and
Laundromat; not to include dry cleaning plants.
Nursery schools and child or adult daycare centers
and kindergartens.
Motor vehicle accessory store.
Intercoms as an accessory to a permitted use.
Libraries.
Propagation and cultivation of crops, flowers,
trees and shrubs which are not offered for sale.
Public and private forest s, wildlife preserves and
conservation areas.
Fire Stations.
Golf courses; and
Hospitals.
In addition, the following Neighborhood Business (C-2)
uses shall be permitted:
bo
h
i
m
n
o
P
q
r
Antique shops,
and outdoor flea markets and
consignment stores.
Art schools, galleries or museums.
Artists material and supply stores.
Bicycle sales and rentals.
Catering establishments as an
restaurant only.
Clothing stores.
Communication studios, offices,
exclusive of towers.
Curio or gift shops.
Eyewear sales and service.
Furniture stores.
Hobby stores.
Jewelry stores.
Locksmith operations.
Medical facilities or clinics.
Musical instrument stores.
Office supply stores.
Paint or wallpaper stores.
Radio, television and other home
secondhand
not to include pawnbrokers, indoor
and
accessory to
and stations,
entertainment,
02- 773
10/23/02
sales and services.
Sporting goods sales.
Restaurants, to included carry-out and non-
traditional fast food restaurants, subject to the
following provisions:
i) any carry-out or fast food restaurant shall
have a minimum 35% of the gross floor area
devoted to indoor patron seating;
ii) there shall be no drive-in window or curb
service;
iii) consumption of foods or beverages within a
motor vehicle parked upon the premises or at
other facilities on the premises outside the
building, except as stated herein, shall be
prohibited and such prohibition shall be
strictly enforced by the restaurant. This
shall not preclude the restaurant from having
outdoor seating provided the outdoor seating
area is located directly adjacent to the
restaurant; accessed through the restaurant
only and not directly from outside and an area
has been designed and constructed to
specifically accommodate such seating.
any carry-out or fast food restaurant shall
not be freestanding;
the restaurant shall not be open to the public
between the hours of 11:00 p.m. and 6:30 a.m.
(p)
iv)
v)
Toy stores.
(Note: This Proffered Condition supercedes Proffered
Condition 8 of Case 00SN0188 for the subject property
only. All other proffered conditions of Case 00SN0188
for Tract B remain applicable to Tract B-1.)
Development on Tract B-1 shall be limited to a single
building not to exceed a height of one (1) story or
twenty-five (25) feet, whichever is less. (P)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
18. ADJO~~
On motion of Mr. McHale, seconded iby Mr. Warren, the Board
adjourned at 9:06 p.m. until November 13, 2002 at 4:00 p.m.
Ayes: Miller, Warren, Humphrey, Barber and McHale.
Nays: None.
~oaunnet~'ARadm~nS~Ys-tra t~r
Kelly E. ~ller
Chairman
02- 77~
10/23/02