2014-02-26 MinutesBOARD OF SUPERVISORS
MINUTES
February 26, 2014
Supervisors in Attendance:
Mr. James M. Holland, Chairman
Mr. Stephen A. Elswick, Vice Chrm.
Ms. Dorothy A. Jaeckle
Mr. Arthur S. Warren
Mr. Daniel A. Gecker
Mr. James J. L. Stegmaier
County Administrator
Staff in Attendance:
Dr. Sheryl Bailey, Dep.
County Administrator,
Management Services
Ms. Janice Blakley,
Clerk to the Board
Mr. Kevin Bruny, Chief
Learning Officer
Ms. Debbie Burcham,
Exec. Dir., Community
Services Board
Mr. Allan Carmody, Dir.,
Budget and Management
Mr. Roy Covington, Dir.,
Utilities
Mr. Jonathan Davis, Dir.,
Real Estate Assessor
Mr. Will Davis, Dir.,
Economic Development
Mr. William Dupler, Dep.
County Administrator,
Community Development
Colonel Thierry Dupuis,
Police Department
Mr. Robert Eanes, Asst. to
the County Administrator
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Real Property Manager
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Director,
General Services
Mr. Louis Lassiter, Asst.
County Administrator
Mr. Mike Mabe, Dir.,
Library
Mr. Jeffrey L. Mincks,
County Attorney
Ms. Chris Ruth, Interim Dir.,
Public Affairs
Chief Edward L. Senter,
Fire Department
Ms. Marsha Sharpe, Dir.,
Social Services
Mr. Scott Smedley, Dir.,
Environmental Engineering
Mr. Jesse Smith, Dir.,
Transportation
Mr. Kirk Turner, Dir.,
Planning
Mr. Rick Witt,
Building Official
Mr. Holland called the regularly scheduled meeting to order
at 3:00 p.m.
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1. APPROVAL OF MINUTES FOR FEBRUARY 12, 2014
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
approved the minutes of February 12, 2014, as submitted.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
• Mr. Stegmaier shared with the Board that the county is
starting to see increased commercial construction
activity in the Route 10 corridor between the Courthouse
area and Chester. A new Citizens Bank will open in
March, and the El Patron Restaurant is relocating from
the Chesterfield Meadows shopping center to a new
freestanding building.
• Mr. Stegmaier was pleased to report the completion of
the Colony Village apartments on Jefferson Davis
Highway. These units are located where an old hotel and
trailer park used to sit, so the county continues to see
progress in the revitalization of this area. The
development contains upscale apartments and first-floor
retail in a mixed-use urban village setting. The grand
opening will be in March with the first phase of
approximately 100 units.
• Mr. Stegmaier announced that the county continues to see
strong development in the Charter Colony and Midlothian
area, as the site work for a new Martin's store is well
underway.
Mr. Stegmaier noted Ms. Mary Ann Curtin was unable to attend
the meeting today due to her schedule at the General
Assembly.
3. BOARD MEMBER REPORTS
Ms. Jaeckle announced the Bermuda District will hold a
community meeting regarding the Chesterfield County
Revitalization Plan on March 5th at 7:00 p.m. at Thomas Dale
High School, 9th Grade campus.
Mr. Holland announced the Dale District will hold a community
meeting regarding the FY2015 proposed budget on March 13th at
7:00 p.m. (location TBD). He also announced he attended
Created Equal: America's Civil Rights Struggle Film Series
offered by the Chesterfield County Public Library.
Mr. Kevin Goodwin, who also attended Created
Civil Rights Struggle Film Series, stated
showed clips from documentary films about
America, and authors and historians
conversations about the changing messages
equality in the country.
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Equal: America's
the free series
Civil Rights in
led community
of freedom and
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4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
added Item 8.B.9., Adoption of Resolution Recognizing Mrs.
Monica Hughes for Her Outstanding Service as Executive
Director of the Lifelong Learning Institute of Chesterfield;
and replaced Item 14.A., Resolution Recognizing Boy Scouts
Upon Attaining the Rank of Eagle Scout.
Ayes: Holland, Elswick, Jaeckle, warren and Gecker.
Nays: None.
5. RESOLUTIONS
There were no Resolutions at this time.
6. WORK SESSIONS
There were no Work Sessions at this time.
7. DEFERRED ITEMS
There were no Deferred Items at this time.
8. NEW BUSINESS
8.A. AUTHORIZATION TO ADVERTISE ORDINANCE CHANGES ASSOCIATED
WITH THE PROPOSED FY2015 BUDGET
Mr. Carmody stated the Board is requested to establish March
26, 2014, for public hearings on ordinance changes being
recommended for inclusion in the FY2015 proposed budget. He
further stated the ordinance changes that are being
considered as part of the County Administrator's FY2015
proposed budget include fees charged for the Utilities
Department operations, a new storm water management program
fee ordinance for state mandated environmental engineering
requirements, changes in the fee schedule for emergency
ambulance transport charges for the revenue recovery program,
and the vehicle registration fee.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
authorized advertisement of ordinance changes associated with
the proposed FY2015 budget for public hearings on March 26,
2014, as outlined in the papers of this Board.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.B. CONSENT ITEMS
8.B.1. ADOPTION OF RESOLUTIONS RECOGNIZING COUNTY EMPLOYEES
UPON THEIR RETIREMENT
8.B.l.a. DEPUTY BRYANT D. JONES, SHERIFF'S OFFICE
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
adopted the following resolution:
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WHEREAS, Mr. Bryant D. Jones has faithfully served
Chesterfield County for 20 years; and
WHEREAS, in 1993, Deputy Jones joined the Chesterfield
County Sheriff's Office as a deputy under Sheriff Clarence G.
Williams, Jr. and also served under Sheriff Dennis S.
Proffitt and the current Sheriff, Karl S. Leonard; and
WHEREAS, Deputy Jones was transferred to the Court
Services Section in March 2001, where he demonstrated his
versatility, skill and strong work ethic in a wide range of
departmental assignments; and
WHEREAS, Deputy Jones was selected as Employee of the
Quarter in June 2002 and in July 2003; and
WHEREAS, Deputy Jones was transferred to the
Correctional Services Section in July 2006, where he assisted
in many areas until being transferred back to the Courts
Services Section in February 2007, where he remained serving
faithfully until his retirement; and
WHEREAS, in November 2008, Deputy Jones met all
requirements to qualify as a Deputy First Class; and
WHEREAS, Deputy Jones received numerous letters of
appreciation and commendation for his dedication and service
to the employees and citizens of Chesterfield County.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Deputy Bryant Jones, expresses the
appreciation of all residents for his service to Chesterfield
County and extends appreciation for his dedicated service to
the county and congratulations upon his retirement, as well
as best wishes for a long and happy retirement.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.B.l.b. MS. LELA I. NINCOV, INFORMATION SYSTEMS TECHNOLOGY
DEPARTMENT
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Ms. Lela I. Nincov will retire from the
Chesterfield County Information Systems Technology Department
on March 1, 2014, after providing 15 years of quality service
to the citizens of Chesterfield County; and
WHEREAS, Ms. Nincov has faithfully served the county in
the capacity of systems programmer for the Information
Systems Technology Department; and
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WHEREAS, Ms. Nincov has provided outstanding customer
service to all her customers through the years, including
Accounting, Emergency Communications Center, County
Treasurer, and Utilities; and
WHEREAS, Ms. Nincov led the upgrade of the Application
System 400 platform, earning the gratitude of her customers
and manager; and
WHEREAS, Ms. Nincov consistently sought training to
improve herself and her contribution to the county including
classes in effective speaking, time management, CICS
administration, UNIX systems administration, systems
programming, networking and quality management; and
WHEREAS, Ms. Nincov completed the coursework necessary
to obtain the Employee Leadership Institute Certificate from
Chesterfield University; and
WHEREAS, Ms. Nincov has demonstrated outstanding
technical leadership and expert knowledge throughout her
tenure with Chesterfield County, resulting in the development
and maintenance of mainframe based systems, communications
systems and IBM communications tools; and
WHEREAS, Ms. Nincov supported the critical year 2000
project ensuring mainframe and application system 400
resources were prepared for the calendar change and that
mainframe programmers received the support necessary to do
their jobs; and
WHEREAS, Ms. Nincov served many years on the standards
committee, process standards team and other internal
governance bodies focused on ensuring consistency with the
use of key infrastructure components; and
WHEREAS, Ms. Nincov recently played a key role in the
migration of mainframe programs and resources to the new
Microfocus environment, including the complex job scheduling
system "Control M" and much detailed research on the existing
environment to facilitate a smooth transition; and
WHEREAS, Ms. Nincov's humble character, selfless
dedication to Chesterfield County and commitment to the
county's computing systems are a model for all county
employees; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Ms. Nincov's diligent service and
pleasant personality.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Ms. Lela Nincov, and
extends on behalf of its members and the citizens of
Chesterfield County, appreciation for her service to the
county, congratulations upon her retirement, and best wishes
for a long and happy retirement.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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8.B.i.c. MR. JIHAD H. RASHEED, GENERAL SERVICES DEPARTMENT,
BUILDINGS AND GROUNDS DIVISION
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Mr. Jihad H. Rasheed was hired by Chesterfield
County, Department of General Services, on November 6, 1989,
as a custodian in the Buildings and Grounds Division; and
WHEREAS, in 1990, Mr. Rasheed was promoted to assistant
custodial supervisor; and
WHEREAS, in 2003, Mr. Rasheed was promoted to custodial
supervisor; and
WHEREAS, Mr. Rasheed continued his professional training
through Chesterfield County's Center for Organizational
Excellence; and
WHEREAS, Mr. Rasheed received the "Outstanding
Performance" award for his participation in the Dale Carnegie
Course; and
WHEREAS, Mr. Rasheed was a leader in supporting
programs, such as Christmas Mother and Meals on Wheels, as
well as a dedicated participant in the Junior Achievement
Bowl-A-Thon to benefit the youth in the community; and
WHEREAS, Mr. Rasheed was dedicated to getting work
completed and worked numerous double shifts to fill in when
needed; and
WHEREAS, Mr. Rasheed was instrumental in assisting some
of the all-night custodial staff make a smooth transition to
a daytime custodial staff schedule; and
WHEREAS, Mr. Rasheed's leadership skills gave staff
insight on rearranging schedules to accommodate customers'
needs; and
WHEREAS, Mr. Rasheed was a "problem solver" and was
willing to help the custodial staff overcome obstacles; and
WHEREAS, Mr. Rasheed communicated well with employees
and supervisors on daily assignments and promoted a team
concept with the custodial staff; and
WHEREAS, Mr. Rasheed implemented ways to improve
customer service while utilizing new technology and
equipment; and
WHEREAS, Mr. Rasheed received Environmental Management
Systems (EMS) training and incorporated the EMS program's
environmental responsibilities into daily custodial
activities.
02- NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mr. Jihad H. Rasheed, expresses the
appreciation of all residents for his service to Chesterfield
County, and extends appreciation for his dedicated service to
the county and congratulations upon his retirement, as well
as best wishes for a long and happy retirement.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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8.B.l.d. FIREFIGHTER RANDALL W.LORDI, FIRE AND EMERGENCY
MEDICAL SERVICES DEPARTMENT
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Firefighter Randall W. Lordi retired from the
Chesterfield Fire and Emergency Medical Services Department,
Chesterfield County, on January 1, 2014; and
WHEREAS, Firefighter Lordi attended Recruit School #19
in 1988, and has faithfully served the county and its
citizens for 25 years in various assignments as a
firefighter; and
WHEREAS, Firefighter Lordi served as a firefighter at
the Buford, Centralia, Chester, Dale, Dutch Gap, Enon,
Matoaca, and Rivers Bend Fire and EMS Stations; and
WHEREAS, Firefighter Lordi is a National Registered
Paramedic, and served as a paramedic preceptor; and
WHEREAS, Firefighter Lordi served in the EMS Division
and Planning Unit in teaching and quality assurance roles;
and
WHEREAS, Firefighter Lordi was a founding member of and
served as a peer member for the Critical Incident Stress
Management Team; and
WHEREAS, Firefighter Lordi has been a lifelong learner
throughout his career, obtaining an Associate's Degree in
Fire Science and Nursing; and
WHEREAS, Firefighter Lordi participated as a flight
paramedic on Virginia State Police Med-flight I; and
WHEREAS, Firefighter Lordi served as the Virginia State
Director for the Firefighter Cancer Support Network; and
WHEREAS, Firefighter Lordi was recognized with a Unit
Citation award for his teamwork efforts involving the
extrication of a victim who had fallen into a smoke stack at
Dutch Gap Power Station in 1994; and
WHEREAS, Firefighter Lordi was recognized with a Unit
Citation for his teamwork and distinguished performance
saving the life of two children, and preventing significant
fire loss in 1997; and
WHEREAS, Firefighter Lordi was recognized with an EMS
Unit Citation award in 2001 and 2003 for actions resulting in
saving lives of patients in cardiac arrest.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Firefighter Randall w. Lordi, expresses the appreciation of
all residents for his service to the county, and extends
appreciation for his dedicated service and congratulations
upon his retirement, as well as best wishes for a long and
happy retirement.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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8.B.2. ACCEPTANCE OF THE SMART INVESTING AT YOUR LIBRARY
GRANT AWARDED BY THE AMERICAN LIBRARY ASSOCIATION AND
THE FINANCIAL INDUSTRY REGULATORY AUTHORITY INVESTOR
EDUCATION FOUNDATION
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
accepted and appropriated the Smart Investing at Your Library
Grant from the American Library Association and the Financial
Industry Regulatory Authority Investor Education Foundation
in the amount of $78,280 and authorized the County
Administrator to execute all documents.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.B.3. APPROVAL OF CHANGE ORDER AND ADDITIONAL APPROVAL
AUTHORITY TO THE PURCHASING DIRECTOR FOR FUTURE
CHANGE ORDERS ON PHASE 2 OF THE CIRCUIT COURTS
MECHANICAL EQUIPMENT REPLACEMENT PROJECT
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
authorized the Purchasing Director to execute a change order
in the amount of $130,362 for the replacement of Rooftop HVAC
Unit Number 12 (RTU 12) and granted approval authority to the
Purchasing Director for future change orders for Phase 2 of
the Circuit Courts Mechanical Equipment Replacement Project
up to $25,000 cumulatively.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.B.4. STATE ROADS ACCEPTANCE
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
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Project/Subdivision: Wellington Farms Section F - Remainder
m....e ^1,•~TR~ ~., +-hc Ccrnnt9arv Gvatem miles Of State H1QhW3YS:
Addition
Reason for
Pursuant to
Street Name
• Wellington Cross Way, State Route Number 7328
From: 0.01 miles northeast of Chippoke Road, (Route 7329)
To: End of Cul-de-Sac, a distance of: 0.11 miles.
Recordation Reference: PB 189, PG 68
Right of Way width (feet) = 50
• Ashley Oak Terrace, State Route Number 7742
From: Northeast of Chippoke Road, (Route 7329)
To: End of Cul-de-Sac, a distance of: 0.10 miles.
Recordation Reference: PB 189, PG 68
Right of Way width (feet) = 50
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.B.6. REQUESTS FOR PERMISSION
8.B.6.a. FROM MAIN STREET HOMES FOR A PROPOSED CONCRETE
DRIVEWAY TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE
EASEMENT ACROSS LOT 34, BROOKCREEK CROSSING,
SECTION C
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
granted Main Street Homes permission for a proposed concrete
driveway to encroach within a 16' drainage easement across
Lot 34, Brookcreek Crossing, Section C, 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: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.B.6.b. FROM GOLDFINCH LLC FOR AN EXISTING MONUMENT SIGN TO
ENCROACH WITHIN RIGHT OF WAY FOR FUTURE
IMPROVEMENTS TO JEFFERSON DAVIS HIGHWAY
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
granted Goldfinch LLC permission for an existing monument
sign to encroach within right of way for future improvements
to Jefferson Davis Highway, 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: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.B.7. ACCEPTANCE OF PARCELS OF LAND
8.B.7.a. ALONG JEFFERSON DAVIS HIGHWAY FROM GOLDFINCH LLC
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
accepted the conveyance of three parcels of land containing a
total of 0.070 acres along Jefferson Davis Highway from
Goldfinch LLC, and authorized the County Administrator to
execute the deed. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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Change: New subdivision street
Code of Virginia Statute: §33.1-229
and/or Route Number
8.B.7.b. ALONG MIDLOTHIAN TURNPIKE FROM VILLAGE BANK
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
accepted the conveyance of a parcel of land containing 0.037
acres along Midlothian Turnpike from Village Bank, 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: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.B.8. CONVEYANCE OF EASEMENTS TO VIRGINIA ELECTRIC AND
POWER COMPANY
8.B.8.a. FOR A SECOND FEED TO A COUNTY BUILDING LOCATED ON
PUBLIC SAFETY WAY
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an agreement with Virginia
Electric and Power Company for a 15' underground easement for
service to a county building located at 6730 Public Safety
Way. (It is noted a copy of the plat is filed with the papers
of this Board.)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.B.8.b. FOR SERVICE TO THE NEW HVAC SYSTEM AT MATOACA
MIDDLE SCHOOL
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an agreement with Virginia
Electric and Power Company for a 15' underground easement for
service to the new HVAC system at Matoaca Middle School, 6001
Hickory Road. (A copy of the plat is filed with the papers of
this Board.)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: .None.
8.B.9. RESOLUTION RECOGNIZING MRS. MONICA HUGHES FOR HER
OUTSTANDING SERVICE AS EXECUTIVE DIRECTOR OF THE
LIFELONG LEARNING INSTITUTE OF CHESTERFIELD
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the
Board adopted the following resolution:
WHEREAS, Mrs. Monica Hughes was appointed as Executive
Director of the Lifelong Learning Institute of Chesterfield
(LLI) in August 2007; and
WHEREAS, Mrs. Hughes has exemplified outstanding
leadership in developing and improving learning opportunities
for persons who are adults in midlife and older; and
WHEREAS, through her marketing efforts, professionalism
and excellent interpersonal skills, the membership of LLI has
grown from 240 in 2007 to more than 700 in 2014; and
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WHEREAS, under Mrs. Hughes direction, the program
ensures a high-quality educational experience; and
WHEREAS, Mrs. Hughes has developed curriculum that is
highly diverse and innovative and has aggressively sought
faculty to teach these courses; and
WHEREAS, Mrs. Hughes has also encouraged the membership
to share their time and talent by teaching subjects that
interest them; and
WHEREAS, Mrs. Hughes has increased the number of classes
from 20 to 190 annually; and
WHEREAS, through her efforts, cultural and social
diversity as well as acceptance for all, permeates the
atmosphere of LLI; and
WHEREAS, Mrs. Hughes has played an instrumental role in
improving the LLI facility through donations and
volunteerism, and she worked successfully with the school
system and parks and recreation in coordinating projects,
adding to the comfort and enjoyment of LLI and the school
program that attends in the evening; and
WHEREAS, a very successfully implemented volunteer
program has been developed encouraging hundreds to work in
many areas of LLI; and
WHEREAS, Mrs. Hughes is well known professionally by
others throughout the state for her knowledge and innovation
in this field and is often asked for assistance in
development of similar programs; and
WHEREAS, Mrs. Hughes has been labeled by all who have
known her to be a staunch lifelong learner advocate,
"believing that no one individual holds the key to success";
and
WHEREAS, Mrs. Hughes will be profoundly missed by the
Board of Supervisors and the LLI membership, who believe she
has held the spark that lit the fire of success at LLI, which
will continue long into the future.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mrs. Monica Hughes, expresses appreciation
for her untiring dedication and commitment to the
Chesterfield community through her seven years of faithful
service as Executive Director of the Lifelong Learning
Institute of Chesterfield, and wishes her a future of success
and happiness.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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On motion of Mr. Warren, seconded by Ms. Jaeckle, the
following item was removed from the Consent Agenda for
public comment:
8.B.5. AUTHORIZATION TO PROCEED WTTH THF.Nrnur'u~em~D T.TDTd
STATION ACCESS IMPROVEMENT PROJECT
Mr. Lawrence Bertch, resident of Creekwood, expressed
concerns relative to construction of the proposed private
road access for emergency vehicles, response time in the area
and the upkeep of the road. He stated he does not support
the proposed project and would prefer that the originally
proposed public road be constructed.
Mr. John Thayer, representing the Route 360 Corridor
Committee and the Surreywood Civic Association, expressed
concerns relative to increased traffic, access for emergency
vehicles and wetland mitigation necessary for a public road.
He stated he supports the proposed private road access
improvement project.
Ms. Joyce Henderson, community manager of Cross Creek
Apartments, stated she objects to the new road access due to
the possibility of excessive noise, increased traffic and
litter in the apartment community.
Mr. Paul Grasewicz stated funding originally appropriated for
the emergency access would not cover the construction of the
public road. He stated construction of the proposed private
road from the fire station, through the school property, to
Walmsley Boulevard would provide quicker response times for
emergency vehicles to citizens in that particular area of the
county.
In response to Ms. Jaeckle's questions, Chief Senter
indicated the private road would provide the same response
time improvement as the original public road project. He
stated Transportation staff has assured the Fire Department
that safety features will be put in place, as far as
alignment of the road and emergency vehicles will not be able
to exit through the bus garage. He further stated traffic
calming features of the road extension were discussed with
members of the community. He stated the roadway is
approximately 1300 feet in length.
In response to Mr. Warren's question, Chief Senter stated a
recommendation has been made when funding allows such, to
have road access connectivity from the fire station on
Airfield Road to Cogbill Road. He further this road access
will cut down on response travel time to those areas of the
county and will provide better connectivity from Fire Station
2, Fire Station 15 and eventual construction of Fire Station
22. He stated Transportation is discussing long-term
connectivity from the west that may allow for access around
the Jacobs Road area.
In response to Mr. Warren's question regarding the proposed
road extension, Mr. Smith stated the responsibility was
assigned to the developer of a previous zoning case; however,
it was phased until a certain number of units were
constructed. He further stated the road access has not been a
priority in the past.
Mr. Warren stated the limited access road would be less
expensive than the other alternative and would equal the
speed of which fire trucks can respond to an emergency. He
further stated in a perfect world there would be funds
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available by VDOT for all county needs, but unfortunately
that is not the case. He noted all the property being
utilized is county-owned and there are no wetlands on that
land.
Mr. Warren then made a motion, seconded by Mr. Elswick, for
the Board to authorize the County Administrator to proceed
with the design of the Manchester Fire Station Improvement
Project; authorize the County Administrator to enter into the
customary permits/mitigation agreements and surety
agreements, acceptable to the County Attorney; authorize the
Chairman of the Board of Supervisors and County Administrator
to execute easement agreements for relocation of utilities;
authorize the advertisement and award of a construction
contract, up to $1,100,000, to the lowest responsive and
responsible bidder; and authorize the County Administrator to
approve change orders for the work up to the full amount
budgeted for the project.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
9. REPORTS
9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
LEASE PURCHASES
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
accepted the following report: a Report on Developer Water
and Sewer Contracts; and a Report on Status of General Fund
Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases.
Ayes: Holland, Elswick, Jaeckle, warren and Gecker.
Nays: None.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Donald Wilms, president of the Chesterfield Education
Association, expressed concerns relative to limited resources
for course electives and urged the Board to consider
increased funding for the operational side of the Schools'
budget.
Mr. Bryce Badura, student at the Mathematics and Science High
School at Clover Hill, urged the Board to fully fund
Chesterfield County Public Schools.
Mr. Malcolm Stewart, student at Midlothian High School, urged
the Board to fully fund Chesterfield County Public Schools.
Ms. Pat Cullen encouraged the Board to approve the advertised
real estate tax increase for the sake of public education.
Ms. Samantha McMillian expressed concerns relative to the
burden of large class sizes on teachers and students.
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11. DINNER
On motion of Mr. Warren, seconded by Mr. Elswick, the Board
recessed to Room 502 for dinner.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
Reconvening:
12. INVOCATION
Ms. Debbie Burcham, Executive Director for Mental Health,
gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout David Van Scoik led the Pledge of Allegiance.
14. RESOLUTIONS
14.A. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
Ms. Ruth introduced Mr. David Vincent Van Scoik, Mr. Anthony
Dean Brown, Mr. Robert Andrew Simmons and Mr. Andrew Wayne
Martin, who were all present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to their community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law, Mr. David Vincent Van
Scoik and Mr. Anthony Dean Brown, both of Troop 2806,
sponsored by Woodlake United Methodist Church, and Mr. Robert
Andrew Simmons and Mr. Andrew Wayne Martin, both of Troop
876, sponsored by Mt. Pisgah United Methodist Church, have
accomplished those high standards of commitment and have
reached the long-sought goal of Eagle Scout, which is
received by only four percent of those individuals entering
the Scouting movement; and
WHEREAS, growing through their experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare themselves for a role as leaders in
society, David, Anthony, Robert and Drew have distinguished
themselves as members of a new generation of prepared young
citizens of whom we can all be very proud.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 26th day of February 2014,
publicly recognizes Mr. David Vincent Van Scoik, Mr. Anthony
Dean Brown, Mr. Robert Andrew Simmons and Mr. Andrew Wayne
Martin, extends congratulations on their attainment of Eagle
Scout, and acknowledges the good fortune of the county to
have such outstanding young men as its citizens.
Ayes: Holland, Elswick, Jaeckle, Warren and Decker.
Nays: None.
Mr. Elswick and Mr. Decker presented the executed resolutions
and patches to each Eagle Scout, accompanied by members of
their families, congratulated them on their outstanding
achievements, and wished them well in future endeavors.
Each Eagle Scout provided details of their Eagle Scout
project and expressed appreciation to their parents and
others for their support.
Ms. Jaeckle recognized members of Boy Scout Troop 819,
sponsored by Saint John's Episcopal Church in the Bermuda
District, who were in the audience. She stated the scouts are
working on their Citizenship in the Community Badge.
14.B. RECOGNIZING FEBRUARY 2014 AS "CHILDREN'S DENTAL HEALTH
MONTH" IN CHESTERFIELD COUNTY
Ms. Ruth introduced Dr. Samuel W. Galstan and representatives
from the Chesterfield Technical Center Dental Assisting
Program, Pediatric Dentistry and Orthodontics of Virginia,
Children's Dentistry of Virginia, and Southside Oral and
Facial Surgery, who were present to receive the resolution.
On motion of Mr. Decker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the eleventh annual "Give Kids a Smile! Access
to Dental Care Day" was conducted in a number of Chesterfield
County dental offices and schools on February 7, 2014; and
WHEREAS, numerous children's dental health outreach
activities and education will take place in Chesterfield
County Schools throughout February 2014; and
WHEREAS, through the joint efforts of the Southside
Dental Society, the Virginia Dental Association, the Virginia
Department of Health, Division of Dentistry, the Chesterfield
County Technical Center Dental Assisting Program, local
dentists and dental healthcare providers who volunteer their
time, and the school district of Chesterfield County, this
program was established to foster the improvement of
children's dental health; and
WHEREAS, since inception of the "Give Kids a Smile!
Access to Dental Care" program in 2003, the Southside Dental
Society, along with many dental partners, have delivered more
than $875,000 in free dental care to more than 7,200 patients
utilizing more than 8000 volunteers, a tremendous example of
community partners and stakeholders working together to
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decrease barriers to accessing dental care for at-risk
children in the community; and
WHEREAS, these dental volunteers have provided
educational materials and programs and stress the importance
of regular dental examinations, daily brushing and flossing,
proper nutrition, sealants and the use of mouth guards during
athletic activities; and
WHEREAS, several local dental offices volunteered their
services on "Give Kids a Smile! Access to Dental Care Day,"
to provide treatment and education to local underprivileged
children.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 26th day of February 2014,
publicly recognizes February 7, 2014, as "Give Kids a Smile!
Access to Dental Care Day" and February 2014 as "National
Children's Dental Health Month" in Chesterfield County,
expresses gratitude, on behalf of all Chesterfield County
residents, and commends those organizations responsible for
their proactive approach to dental health and also commends
the Southside Dental Society, the Virginia Dental Association
Foundation, Dr. Samuel W. Galstan, Dr. C. Sharone Ward, Dr.
Frank Farrington, Dr. Michael Webb, Dr. Ronald Terry, Dr.
Richard Bates, the Chesterfield Technical Center Dental
Assisting Program, Pediatric Dentistry and Orthodontics of
Virginia, Children's Dentistry of Virginia, and Southside
Oral and Facial Surgery, for helping to protect our
children's dental health.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
Ms. Jaeckle presented the executed resolutions Dr. Galstan
and representatives and expressed her appreciation for their
dedication to protecting children's dental health.
Representatives from various organizations expressed their
appreciation to the Board for the special recognition and
their continued support.
14.C. RECOGNIZING MR. DON J. KAPPEL, DIRECTOR OF PUBLIC
AFFAIRS, UPON HIS RETIREMENT
Mr. Lassiter introduced Mr. Don J. Kappel, who was present to
receive the resolution.
On motion of Mr. Holland, seconded by Mr. Gecker, the Board
adopted the following resolution:
WHEREAS, Mr. Don J. Kappel is a native of New York City
and has made Chesterfield County his home for the past 20
years; and
WHEREAS, Mr. Kappel served honorably in the U.S. Marine
Corps for 22 years, from 1972 to 1994, including service in
Japan, Cuba, Iraq, the Philippines, on sea duty and
elsewhere, and served as "Official U.S. Marine Corps
Spokesman" in Washington, D.C., before retiring as a major,
having earned the Meritorious Service Medal, several Navy
Achievement, Marine Corps Achievement, Humanitarian Service
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and National Defense Service medals, a Southwest Asia Service
Medal and other joint, personal and unit awards; and
WHEREAS, upon retiring from the Marines, he joined
Chesterfield County in 1994 as a media officer in the newly
formed Public Affairs Department, and was promoted to
director in 1996; and
WHEREAS, under his leadership, the department produced
and distributed nearly 9,000 press releases about county
programs and services, along with hundreds of brochures,
fliers, posters, videos and other informational materials,
earned nearly 200 state and national awards for a variety of
communications products, and a first-place award for County
Comments, the employee e-newsletter, from Ragan's PR Daily in
an international competition for nonprofits in 2013; and
WHEREAS, he co-authored .six consecutive successful
America's Promise award submissions, resulting in the county
being named "One of the 100 Best Communities in America for
Young People;" and
WHEREAS, Mr. Kappel served on Chesterfield County's
Leadership Team for 18 years, and was the county's focal
point for media queries and Freedom of Information Act
requests; and
WHEREAS, he suggested and served as project officer for
the development of regional county and city public-
information radio networks, including Chesterfield County's
1630 AM, which provides information to the public 24 hours a
day, and
WHEREAS, he hosted approximately 1,300 television
programs for Chesterfield County on Comcast Cable, and
authored the FIRST CHOICE column for the county in each
edition of Chesterfield Living magazine for 11 years; and
WHEREAS, Mr. Kappel was a charter member of the Board of
Directors, Central Virginia Film Institute, served as Region
2 Director for the National Association of County Information
Officers Board of Directors, and served as the county's
representative on the Central Virginia Public Safety Media
Council; and
WHEREAS, Mr. Kappel taught Associated Press Style
writing and Media Relations for the county's Center for
Organizational Excellence; and
WHEREAS, he served as the master of ceremonies for the
annual Chesterfield County Veterans Day ceremony since 2010,
coordinating with the Chesterfield Historical Society; and
WHEREAS, he staffed the county's Emergency Operations
Center during numerous activations for hurricanes, flooding
and other events, once working a 29-hour shift during
Hurricane Isabel, and continuously provided "on call" service
to support Police, Fire and EMS and other departments during
weather incidents and other natural and man-made disaster
situations; and
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WHEREAS, Mr. Kappel has announced his retirement from
Chesterfield County effective March 1, 2014, after a
distinguished 20-year career with this organization.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 26th day of February 2014,
publicly recognizes the dedication, exemplary military
achievements and noteworthy local government contributions of
Mr. Don J. Kappel over a combined 42 years of public service,
expresses appreciation on behalf of all Chesterfield County
residents, and extends best wishes for a long and happy
retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Kappel and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
Mr. Holland presented the executed resolution to Mr. Kappel,
commended him for his dedication and outstanding local
government contributions to the county, and wished him a long
and enjoyable retirement.
Ms. Jaeckle, Mr. Gecker, Mr. Elswick and Mr. Warren all
highly praised Mr. Kappel for his military service,
leadership and dedication to the organization.
Mr. Stegmaier congratulated Mr. Kappel on his retirement and
expressed appreciation for his outstanding service to the
county.
Mr. Kappel, accompanied by members of his family, expressed
his appreciation to the Board for the special recognition.
15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Ralph Carter expressed concerns relative to a possible
real estate tax rate increase.
Ms. Julie Ranson expressed concerns relative to a possible
real estate tax rate increase. She urged the Board to provide
an online searchable budget document relative to county
expenditures.
Mr. Freddy Boisseau expressed concerns relative to a possible
real estate tax rate increase. He urged the Board to provide
an online searchable budget document relative to county
expenditures.
Ms. Jackie Whitmore expressed concerns relative to a possible
real estate tax rate increase. She urged the Board to explore
ways to make cuts within the county's budget.
Mr. Tom Whitmore expressed concerns relative to a possible
real estate tax rate increase.
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16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTION 18
12SN0227
(AMENDED) In Bermuda Magisterial District, Twin Rivers, LLC
requests amendment of conditional use planned development
(Case 08SN0111) relative to conceptual plan, uses,
development standards, access and reduction of cash proffers
and amendment of zoning district. map in a Community Business
(C-3) District on 67.7 acres located in the southwest corner
of Meadowville and North Enon Church Roads. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Community Mixed use. Tax IDs 823-659-3856, 6573 and 9483; and
824-659-2386,. 5689 and 8890.
Mr. Turner stated Ms. Jaeckle is requesting a 90-day deferral
to the May 28, 2014 meeting.
The applicant was not present.
Mr. Holland called for public comment.
Mr. Freddy Boisseau stated his support of the deferral
request.
No one else came forward to speak to the deferral.
Ms. Jaeckle made a motion, seconded by Mr. Warren, for the
Board to defer Case 12SN0227 until May 28, 2014.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
13SN0543
In Midlothian Magisterial District, Racetrack Petroleum, Inc.
requests rezoning from Agricultural (A) to Community Business
(C-3) and amendment of zoning district map on 11 acres
located in the southeast corner of Midlothian Turnpike and
Otterdale Woods Road. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Suburban Commercial
District use. Tax ID 721-709- 7721 and 722-709-0435.
Mr. Turner stated Mr. Gecker is requesting a 60-day deferral
to the April 23, 2014 meeting.
Mr. Jack Wilson, representing the applicant, accepted the
deferral.
Mr. Holland called for public comment.
Mr. Peppy Jones, Chairman of the Village of Midlothian
Volunteer Coalition, stated his support of the deferral.
Mr. Scott Latawiec stated his support of the deferral. He
urged the applicant's representative to re-engage with the
community regarding the matter.
No one else came forward to speak to the deferral.
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Mr. Gecker noted that Mr. Wilson and members of the community
have been meeting regarding the proposed rezoning.
Mr. Gecker then made a motion, seconded by Mr. Warren, for
the Board to defer Case 13SN0543 until April 23, 2014.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
14SN0137
In Bermuda Magisterial District, James Queen requests renewal
of temporary manufactured home permit (Case 07SN0213) and
amendment of zoning district map to permit a temporary
manufactured home in a Residential (R-7) District on 2.3
acres known as 15812 Meridian Avenue. Density is
approximately .4 unit per acre. The Comprehensive Plan
suggests the property is appropriate for Suburban Residential
II use (2.0 to 4.0 dwellings per acre). Tax ID 796-635-1818.
Mr. Turner stated Ms. Jaeckle is requesting a 60-day deferral
to the April 23, 2014 meeting.
The applicant was not present.
Mr. Holland called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
Mr. Turner noted staff recommended that the Board defer for
60 days due to the March budget public hearing.
On motion of Ms. Jaeckle, seconded by, the Board deferred
Case 14SN0137 until April 23, 2014.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
14SN0513
In Clover Hill Magisterial District, AEGIS Waterford LLC
requests amendment of conditional use planned development
(Cases 89SN0150 and 13SN0105) relative to uses and amendment
of zoning district map in a Light Industrial (I-1) District
on 9.1 acres fronting 290 feet on the north line of Genito
Road, 245 feet east of Charter Colony Parkway, also fronting
640 feet in two (2) places on the west line of Watercove
Road, 240 feet north of Genito Road. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Regional Mixed use. Tax ID 730-688-2683.
Mr. Turner presented a summary of Case 14SN0513 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Mike Rothermel, representing the applicant, accepted the
recommendation.
Mr. Holland called for public comment.
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There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
approved Case 14SN0513 and accepted the following proffered
conditions:
1. with the approval of this request, the Textual
Statement, last revised December 19, 1988 and approved
with Case 89SN0150, shall be amended as outlined below.
All other conditions of the Textual Statement, last
revised December 19, 1988 shall remain in force and
effect:
a. Item VI.E.4.(a) (Community Business District (B-1)
(applicable to tracts designated as C/R on Exhibit
II)) shall be amended to include the following
additional permitted uses:
i. Convenience Store
ii. Massage Clinics
iii. Churches and/or Sunday Schools
iv. Meat or seafood markets
v. Medical and dental laboratories
vi. Motor vehicle accessory store; provided that:
1. No motor vehicle repair shall be
permitted
2. No parts shall be installed on the
premises
vii. Pet shops, including pet grooming
viii. Schools-music, dance and business; provided
that:
1. Any tenant space shall not exceed 5,000
gross square feet
ix. Veterinary clinics
x. Carpenter and cabinetmakers' offices and
display rooms
xi. Contractors' offices and display rooms
xii. Electrical, plumbing and heating supply sales,
service and related display rooms
xiii. Feed, seed and ice sales
xiv. Home centers
xv. Recreational establishments, commercial-indoor
xvi. Restaurants, to include carry-out and fast
food
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xvii. Schools-commercial, trade, vocational and
training; provided that:
1. Any tenant space shall not exceed 5,000
gross square feet
xviii. Veterinary hospitals and/or commercial
kennels, excluding outdoor runs
xix. Schools/colleges, public and private; provided
that:
1. Any tenant space shall not exceed 5,000
gross square feet
xx. Schools, business; provided that:
1. Any tenant space shall not exceed 5,000
gross square feet. (P)
The Applicant hereby amends Proffered Condition 4.a.(63) of
Case 13SN0165 to read as follows:
2. Secondhand and Consignment Store Limitations:
b. Secondhand and consignment stores, excluding
motor vehicle consignment lots, shall be a
permitted use provided that:
i. Any tenant space shall not exceed 7,500
gross square feet.
ii. No more than one tenant, operating as a
secondhand and consignment store, shall
be permitted on the request property. (P)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
~ w ~+*~n r w n
In Dale Magisterial District, W.S. Carnes, Inc. requests
rezoning from Agricultural (A) to Community Business (C-3)
and amendment of zoning district map on 2.2 acres fronting in
two (2) places for a total of 860 feet on the north line of
Iron Bridge Road, 555 feet west of Lori Road. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Corporate Office use. Tax IDs 769-662-7458 and 770-662-1615,
3320 and 3511.
Mr. Turner presented a summary of Case 14SN0542 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Jack Wilson, representing the applicant, accepted the
recommendation.
Mr. Holland called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
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On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
approved Case 14SN0542 and accepted the following proffered
conditions:
The property owner and applicant in this 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 and assigns, proffer that the
property under consideration will be developed according to
the following proffers if, and only if, the request submitted
herewith is granted with only those conditions agreed to by
the owner and applicant. In the event this request is denied
or approved with conditions not agreed to by the owner and
applicant, the proffers shall immediately be null and void
and of no further force or effect.
1. Utilities. The public water and wastewater systems shall
be used. (U)
2. Prohibited Uses. The following uses shall not be
permitted on the Property:
a. Gasoline Sales
b. Automobile self-service station
c. Motor vehicle washes
d. Automobile service station
e. Motor vehicle repair
f. Motor vehicle sales and rental. (P)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
14SN0545
In Matoaca Magisterial District, Sylvia Harrison requests
conditional use to permit a family day-care home and
amendment of zoning district map in a Residential (R-7)
District on .2 acre known as 4407 Butler Lane. Density will
be controlled by zoning conditions or ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for Suburban Residential II use (2.0 to 4.0 dwellings per
acre). Tax ID 790-612-2332.
Mr. Turner presented a summary of Case 14SN0545 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Ms. Sylvia Harrison accepted the recommendation.
Mr. Holland called for public comment.
Mr. Freddy Boisseau urged the Board to approve the request.
There being no one else to speak to the issue, the public
hearing was closed.
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
approved Case 14SN0545 and accepted the following proffered
conditions:
1. Non-Transferable Ownership: This conditional use
approval shall be granted to and for Sylvia Harrison,
exclusively, and shall not be transferable nor run with
the land. (P)
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2. Expansion of Use: There shall be no exterior additions
or alterations to the existing structure to accommodate
this use. (P)
3. Signage: There shall be no signs permitted to identify
this use. (P)
4. Number of Children: This conditional use approval shall
be limited to providing care, protection and guidance to
a maximum of twelve (12) children, other than the
applicant's own children, at any one time.- (P)
5. Hours of Operation: Hours and days of operation shall be
limited to Monday through Friday from 6 a.m. to 6 p.m.
There shall be no Saturday or Sunday operation of this
use. (P)
6. Time Limitation: This conditional use approval shall be
granted for a period not to exceed five (5) years from
the date of approval. (P)
7. Fenced Outdoor Play Areas: Any outdoor play area and/or
recreational equipment utilized by the family day-care
home shall be located in the side or rear yard of the
property. Outdoor play and/or recreational equipment
areas shall have perimeter fencing of at least four feet
in height, installed around the equipment or play area.
Equipment for outdoor play areas shall be located no
closer than fifteen (15) feet to the side or rear
property lines. (P)
8. Employees: No employees shall be permitted to work on
the premises other than family member employees that
live on the premises. (P)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
14SN0548
In Dale Magisterial District, Sam Callis requests conditional
use to permit a nonprofit civic club and lodge and amendment
of zoning district map in an Agricultural (A) District on 5.6
acres known as 6221 Newbys Bridge Road. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Industrial use. Tax ID 755-674-5551.
Mr. Turner presented a summary of Case 14SN0548 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions and one condition.
Mr. Barret Leipertz, representing the applicant, accepted the
recommendation.
Mr. Holland called for public comment.
There being no one else to speak to the issue, the public
hearing was closed.
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On motion of Mr. Holland, seconded by Mr. Elswick, the Board
approved Case 14SN0548, subject to the following condition:
Building Size Limitation: The principal building for the
nonprofit civic club and lodge shall not exceed 4,800 gross
square feet. (P)
And, further, the Board accepted the following proffered
conditions:
1. Non-Transferable Ownership: This Conditional Use
approval shall be granted exclusively to Al Bartaw, Jr.,
Chapter 50, Disabled American Veteran, incorporated, and
shall not be transferable nor run with the land. (P)
2. Use Permitted: This Conditional Use approval shall be
for the operation of a nonprofit civic club and lodge.
(P)
3. Hours of Operation: Hours of operation shall be limited
to 10:00 a.m. to 12:00 midnight, Monday through Sunday.
No deliveries shall be permitted before 9:00 a.m. and
after 6:00 p.m. (P)
4. Signage: One (1) sign identifying the Disabled American
Veterans Club shall be permitted. The sign shall not
exceed twelve (12) square feet in area nor ten (10) feet
in height. The sign shall be neither illuminated nor
luminous. (P)
5. Outside Storage: No outside storage of materials or
equipment associated with this use shall be permitted.
(P)
6. Development Standards: Except where those requirements
for the Agricultural (A) District are more restrictive,
development shall conform to the requirements of the
Zoning Ordinance for Corporate Office (O-2) uses in
Emerging Growth District areas. (P)
7. Exterior Painting: Prior to the issuance of a
certificate of occupancy for the addition shown on
Exhibit A, the metal panel exterior of the existing
building and addition shall be painted a neutral color
as approved by the Planning Department.
a. Any future addition or accessory building with a
metal panel exterior shall also be painted the same
neutral color, as approved by the Planning
Department.
b. Any painted metal panels on the building exterior
shall be maintained to be free of deterioration
such as peeling, graffiti, or a faded appearance.
This provision shall include the painted metal
panels used for the exterior of any accessory
building. (P)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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14SN0549
In Bermuda Magisterial District, Gina Gusti requests
conditional use to permit a family day-care home and
amendment of zoning district map in a Residential (R-7)
District on .5 acre known as 2954 Brentwood Circle. Density
will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Suburban Residential use (2.51 - 4 dwellings
per acre). Tax ID 788-683-5627.
Mr. Turner presented a summary of Case 14SN0549 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Ms. Gina Gusti accepted the recommendation.
Mr. Holland called for public comment.
Mr. Freddy Boisseau urged the Board to approve the request.
There being no one else to speak to the issue, the public
hearing was closed.
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
approved Case 14SN0549 and accepted the following proffered
conditions:
1. Non-Transferable Ownershi This conditional use
approval shall be granted to and for Gina Gusti,
exclusively, and shall not be transferable nor run with
the land. (P)
2. Expansion of Use: There shall be no exterior additions
or alterations to the existing structure to accommodate
this use. (P)
3. Signage: There shall be no signs permitted to identify
this use. (P)
4. Number of Children: This conditional use approval shall
be limited to providing care, protection and guidance to
a maximum of twelve (12) children, other than the
applicant's own children, at any one time. (P)
5. Hours of Operation: Hours and days of operation shall be
limited to Monday through Friday from 6 a.m. to 6 p.m.
There shall be no Saturday or Sunday operation of this
use. (P)
6. Time Limitation: This conditional use approval shall be
granted for a period not to exceed five (5) years from
the date of approval. (P)
7. Fenced Outdoor Play Areas: Any outdoor play area and/or
recreational equipment utilized by the family day-care
home shall be located in the side or rear yard of the
property. Outdoor play and/or recreational equipment
areas shall have perimeter fencing of at least four feet
in height, installed around the equipment or play area.
Equipment for outdoor play areas shall be located no
closer than fifteen (15) feet to the side or rear
property lines. (P)
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8. Employees: No employees shall be permitted to work on
the premises other than family member employees that
live on the premises. (P)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
14SN0551
In Matoaca Magisterial District, Daniel A. Padgett requests
conditional use to permit a two-family dwelling and amendment
of zoning district map in an Agricultural (A) District on 7.9
acres fronting 35 feet on the north line of Duval Road, 470
feet west of Otterdale Road. Density will be controlled by
zoning conditions or ordinance standards. The Comprehensive
Plan suggests the property is appropriate for Suburban
Residential I use (maximum of 2.0 dwellings per acre). Tax ID
705-677-2459.
Mr. Turner presented a summary of Case 14SN0551 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mrs. Daniel Padgett accepted the recommendation.
Mr. Holland called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Elswick, seconded by Mr. Warren, the Board
approved Case 14SN0551 and accepted the following proffered
conditions:
1. Occupancy of the second dwelling unit shall be limited
to: the occupants of the principal dwelling unit,
individuals related to them by blood, marriage, adoption
or guardianship, foster children, guests and any
domestic servants. (P)
2. For the purpose of providing record notice, within
thirty (30) days of approval of this request, a deed
restriction shall be recorded setting forth the
limitation in Condition 1. The deed book and page number
of such restriction and a copy of the restriction as
recorded shall be submitted to the Planning Department.
(P)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
13SN0131
(AMENDED) In Dale Magisterial District, Terraforge, Inc.
requests amendment of conditional use planned development
(Case 05SN0219) relative to reduction of cash proffers;
modifications to open space and recreational areas; and
amendment of zoning district map in a Residential (R-12)
District on 174.8 acres fronting 2,400 feet on the east line
of Conifer Road, 480 feet south of Bellbrook Drive. Density
will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Suburban Residential II use (2.0 to 4.0
dwellings per acre). Tax IDs 784-675-1052; 784-676-4783,
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5382 and 6098; 784-677-4902; 785-675-2669, 2976, 3080, 3771
and 3975; 785-676-2781, 2890 and 8097; and 785-677-2754,
3100, 3236, 3310, 3418, 3527, 3658 and 4240.
Mr. Robert Clay presented a summary of Case 13SN0131 and
stated the Planning Commission recommended approval and
acceptance of the proffered conditions. He further stated
staff recommended denial because while the provisions for
open space, architectural treatment of dwellings and timing
of neighborhood amenities improve upon the quality of
existing conditions of zoning, the proposed reduction in cash
proffers in combination with these quality conditions falls
short of adequately addressing the impact of the development
on capital facilities. He stated consequently, the county's
ability to provide adequate facilities to its citizens will
be adversely impacted. He further stated there was opposition
at the Planning Commission meeting, expressing concerns that
proffers offered by the applicant would not adequately
address the impact on capital facilities; and that the
citizens should not have to subsidize developments that have
a capital impact. He stated the applicant submitted a
revision to Proffered Condition 5 removing the tiered
structure of the proffer and increasing the amount of cash
offered for schools from $5,500 to $8,272. He further stated
since the amended proffer was submitted subsequent to the
advertisement of the case, it will be necessary for the Board
to suspend their procedures to consider the revised proffered
condition.
Mr. Mincks stated the Board will need to suspend its rules in
order to consider the revised proffered condition since it
was submitted after the advertisement of the case.
Mr. Holland made a motion, seconded by Mr. Warren, for the
Board to suspend its rules to allow for consideration of the
amended proffered condition.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
Ms. Carrie Coyner, representing the applicant, stated a
residential development with a variety of housing types, to
include typical single-family, cluster and townhouse in the
Silverleaf development, is proposed and has begun to develop
on the property. She further stated the proposal truly fits
the vision for the county through the Comprehensive Plan. She
stated the proposal, if approved, will lead by example of the
ways that the county changes the heirs of the community that
have concentrations of poverty. She further stated the
applicant had offered to address the impact of this
development on capital facilities with the previous case
through cash proffers. She stated the current proposal would,
if approved, reduce the cash proffer. She further stated the
applicant is proposing changes in the proffered conditions of
the previous case to accelerate the completion date of the
clubhouse to be occupied within nine months of approval of
the zoning request, provide four pocket parks with amenities
for the enjoyment of the residents of the development,
require structures to abide by design guidelines of a
proffered pattern book and reduce a cash proffer. She noted
Schools will receive the same total amount of cash that has
been previously committed to under the current zoning case.
She reviewed single-family housing affordability and value.
She stated revitalization is the continuing process of
assuring renewed life and activity to developed areas. In
closing, she urged the Board to approve the request.
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In response to Mr. Holland's question, Ms. Coyner stated the
average market housing prices are between $150,000-$220,000.
She further stated amenities were not promised in the
previous zoning case until the first 300 units were
constructed.
In response to Ms. Jaeckle's question, Ms. Coyner stated the
village green will be completed for use by the residents
within nine months of approval of the request, regardless of
the number of homes.
Mr. Holland called for public comment.
Mr. Freddy Boisseau expressed concerns relative to the
reduction of cash proffers and questioned the lack of
definitions for revitalization and infill to balance
infrastructure. He stated the solution to poverty in our
county should be addressed through focus groups.
Ms. Vonda Chaplin, resident of Silverleaf, encouraged the
Board to approve the proposal. She stated completion of the
development would greatly benefit the community and continue
to draw young families to move there to revitalize the area.
Pastor Paul Chaplin, resident of Silverleaf, encouraged the
Board to approve the request. He stated the commencement of
building additional amenities will attract middle-class
families. He further stated the project will help raise
additional funding for surrounding schools.
Ms. Tyla Madison expressed concerns that proffers offered by
the applicant would not adequately address the impact on
capital facilities. She questioned the applicants'
representative's commitments and approach relative to
developers and schools alike.
Mr. Michael Jackson indicated a need for clarification and
flexibility relative to the Cash Proffer Policy. He urged the
Board to uphold staff's recommendation and charge the full
proffer amount.
Ms. Diana Parker expressed concerns with the elimination of
cash proffers relative to the proposal. She stated her full
support of the county's recommendation for making Falling
Creek watershed under protection for stream restoration.
Ms. Julie Ranson urged the Board to deny the reduction of
cash proffers relative to the proposal. She stated the Cash
Proffer Policy needs to be reexamined and adjusted
accordingly.
Mr. William Brandt, resident of Silverleaf, encouraged the
Board to approve the proposal. He stated delaying the
completion of amenities within the community will only
decrease county revenue. He stressed the importance of
revitalization in the area.
Mr. Tom Whitmore expressed concerns relative to potential
impacts on capital facilities. He noted the design proposed
for the development is very appealing.
Mr. Bob Olsen stated citizens should not have to subsidize
developments that have a capital impact. He stated the market
should drive the cost of homes and the appeal of amenities
needed to sell them.
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Ms. Jackie Whitmore expressed concerns that proffers offered
by the applicant would not adequately address the impact on
capital facilities. She stated the developer needs to pay the
full proffer amount, which could benefit the county greatly.
Ms. Edith Taylor, resident of Silverleaf, encouraged the
Board to approve the proposal. She expressed concerns with
unfinished neighborhood amenities and the lack of appeal the
community currently portrays.
Ms. Carol Quinn expressed concerns relative to reduction or
elimination of cash proffers. She urged the Board to conduct
a comprehensive study on where the gaps of county services
are not being provided to county citizens.
Mr. Solomon Girmay, resident of Silverleaf, encouraged the
Board to approve the completion of neighborhood development
and amenities.
Ms. Candice Graham urged the Board to deny the reduction of
cash proffers. She expressed concerns relative to the
representation of the developer's lawyer also serving as a
School Board member and the possibility of a conflict of
interest as a result.
Mr. Doug Barker urged Board to deny reduction of cash
proffers relative to the case.
Mr. Dave Anderson expressed concerns relative to dying
communities within the county. He stated denial of the case
would speak against the belief of the Comprehensive Plan and
diminish the importance of revitalization to areas of the
county. He encouraged the Board to approve the request.
Mr. Tyler Craddock encouraged the Board to approve the case.
He stated the development is occurring close to existing
infrastructure and promotes more sustainable and compact
development patterns. He further stated the additional
amenities and investment that the developer is proposing will
be made up over time in increased property values.
Mr. George Rogerson, president of the Woodlake Community
Association, urged the Board to deny the case due to the
reduction of cash proffers. He stressed the importance of
revisiting and revising the current cash proffer policy.
Mr. Paul Grasewicz urged the Board to deny the case. He
stated the property is not in a county-defined revitalization
area; quality construction does not mitigate impacts; and
impacts on capital facilities are cumulative.
Ms. Eileen Slate expressed concerns that proffers offered by
the applicant would not adequately address the impact on
capital facilities.
There being no one else to speak to the issue, the public
hearing was closed.
Ms. Coyner stated the majority of individuals who spoke in
opposition to the case live in western Chesterfield and have
not seen the extremes of poverty in parts of the county. She
further stated poverty feeds on isolation of one
socioeconomic class in one area. She stated the county's
Revitalization Plan is geared to the area of the county that
is being proposed. She noted the amount offered continues to
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be for school facilities only and is intended to reflect the
amount of the school portion of the cash proffer that was
approved with the previous case. She expressed concerns
relative to poverty and stated the county is subsidizing
growth outside of areas on the backs of the residents of
Silverleaf. She recommended approval subject to the proffered
conditions.
In response to Ms. Jaeckle's question, Mr. Clay stated there
is flexibility in the proffer policy subsequent to individual
cases.
Ms. Jaeckle stated the purpose of the proffer policy is to
mitigate impacts. She further stated there are no incentives
for a development surrounded by the impacts of the Defense
Supply Center and R7/R9 housing. She stated schools are the
reflection of the surrounding communities that attend them.
She further stated the proposal provides an opportunity for
revitalization and appeals to younger individuals and the new
housing development offers a quality project that will
attract families. She noted proffer money will offset the
impacts on Beulah Elementary.
In response to Ms. Jaeckle's question regarding growth in the
area, Mr. Turner stated consideration needs to be made that a
mix in the population exists, an aging population and an
influx of younger families who are taking advantage of the
cheaper housing prices. He further stated there is quite a
bit of vacant property in the area for development; however,
the challenge is a lot of that property is not served by
public sewer, so it is very expensive to develop.
Ms. Jaeckle stated she has been involved with school issues
since the 1990s and has seen the impacts of poverty pockets
on the county. She referenced the positive investment of the
Colony Village development and the revitalization efforts in
that area. She stated the Silverleaf community offers appeal
and quality amenities to its residents.
In response to Mr. warren's question regarding the
explanation of cash proffers, Mr. Carmody stated cash
proffers have been in place since 1990 and the calculation
methodology entails using actual expenditures that have been
incurred for capital facilities, which are limited to five
categories such as schools, parks, roads, libraries and fire
stations. He further stated the calculation does not take
into consideration where the dollars are used for the
operating cost of the personnel that work in said facilities.
He stated the costs that are built into the model are actual
costs incurred. He noted there is a credit component to the
calculation that realizes the real estate revenues that are
generated from the value of the typical household in
Chesterfield County. He stated the mix of the households in
the county is approximately 85 percent single-family and 15
percent multifamily. He noted the Board establishes a maximum
cash proffer each year, which is currently $18,966 and has
been that way for five years. He noted the policy does allow
for the Board to recognize unique circumstances in cases, as
it sees fit.
In response to Ms. Jaeckle's question, Mr. Turner stated in
the early 1990s, when the cash proffer was implemented, the
growth rate of the county was between 4 and 5 percent.
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Mr. Elswick expressed concerns relative to mitigating impacts
to roads and other infrastructures. He further stated he has
a problem dividing the county into two parts, east versus
west.
Mr. Gecker stated he voted for the previous case because of
the amenity package offered by the developer. He expressed
concerns relative to homebuyers who purchased property based
on the representation of the marketing literature that still
exists on the community website. He stated there has been a
great effort to link the case to the alleviation of poverty
in the county. He stated there has been no cause for linkage
between the county's foregoing of $4 million in the
alleviation of poverty in the community. He further stated
there is clearly an east/west demographic divide within the
community that has been exacerbated over the years. He stated
the county is coming off a stretch of economic decline and
property values have decreased as a result. He further stated
he has been in support of the inclusion of the concept of
stabilization and revitalization in the new Comprehensive
Plan. He stated he believes in alleviating poverty; however,
he does not feel it is right to isolate a pocket of middle-
income housing. He further stated the schools have fallen
short in the area of the development. He stated his goal on
the operational side is to improve schools, the number of
teachers pre-2008 in order to offer the electives that have
been lost, and rebuild the schools. He further stated
inflection in real estate values offer the incentive to plan
out for the next five years. He stated the proposal does not
meet the test for public investment.
Mr. Turner stated he has received written notification from
the applicant to withdraw the case. He asked the Board to
acknowledge the withdrawal.
Mr. Holland stated every applicant that comes before the
Planning Commission and the Board of Supervisors must believe
that he/she will receive equal and fair treatment when their
case is heard. He further stated he will not start a trend of
waiving proffers under any circumstance without sound
policies. He noted he was prepared to deny the case.
The Board acknowledged withdrawal of Case 13SN0131.
135N0527
In Dale Magisterial District, Balzer and Associates requests
rezoning from Residential (R-7) to Community Business (C-3)
and amendment of zoning district map on 10.7 acres located in
the southwest quadrant of Jessup and Iron Bridge Roads.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Suburban Residential II use (2.0 to 4.0
dwellings per acre), Neighborhood Office and, under certain
circumstances, Community and Regional Mixed uses. Tax IDs
775-686-5943, 8044, 8720 and 9744; 776-686-1206, 1722 and
1746.
Ms. Darla Orr presented a summary of Case 13SN0527 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions. She further
stated the proposed zoning and land uses comply with the
recommendations of the Comprehensive Plan which suggest land
uses, including community and regional mixed uses which are
alternatives to the residential and office uses identified on
the Land Use Plan, would be appropriate on the property with
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adequate land assembly; employment of high quality, upscale
architecture and site design; and, the provision of adequate
access and mitigating road improvements. She stated land uses
have been limited so as to support a positive first
impression on visitors and potential investors in the gateway
area, as suggested by the Plan. She advised that the
proffered conditions offer quality architectural design and
materials, quality site design including pedestrian
amenities, and specific conditions to mitigate the visual
impact of fuel sales areas or drive-in windows on public
rights of way if they are developed. She further stated the
stream and associated Resource Protection Areas to the west
and southwest would provide an adequate transition between
the proposed commercial uses and area residential uses and
that more intense commercial uses would be located closer to
the Jessup Road/Ironbridge Road intersection. She stated the
proposed commercial uses would support the recent development
of significant tourism and recreation facilities in the area.
In response to Ms. Jaeckle's question, Ms. Orr stated there
is a proposal to construct a sidewalk along the property
frontages along Jessup Road and Iron Bridge Road.
Mr. Andy Scherzer, representing the applicant, stated the
proposed zoning and land uses comply with the recommendations
of the Comprehensive Plan; provide a positive first
impression as a gateway area of the county; provide an
adequate transition between the proposed commercial uses and
area residential uses; and, would support the recent
development of significant tourism and recreation facilities
along Ridedale Parkway at Ironbridge Road. He further stated
the applicant has proffered to construct road improvements to
sections of Route 10 and Jessup Road prior to issuance of a
certificate of occupancy. He stated concerns relative to an
adjacent pond and headwaters of Falling Creek have been
addressed with proffered conditions that exceed ordinance
requirements. He reviewed guarantees in the proffered
conditions relative to architectural standards, prohibited
uses, reduced lighting, hours of operation, environmental
controls and minimizing visual impacts.
Mr. Holland called for public comment.
Mr. Jack Cogbill, resident of Braxton Village, expressed
concerns relative to the negative impacts of placing
commercial zoning in the middle of an already vibrant
residential community. He urged the Board to deny the
proposed rezoning request.
Mr. Kermit Spruill, president of the Braxton Homeowners
Association, expressed concerns relative to the proposed
development. He stated commercial property would devalue
residential areas, reducing county taxes and potentially
increase traffic, crime and noise. He requested that if
commercial uses were approved, permitted uses should not
include gasoline sales and fast food restaurant use.
Ms. Diana Parker expressed concerns relative to negative
impacts the proposal would have on the environment, loss to
property values and potential increase to residential
traffic. She urged the Board to deny the proposal.
Ms. Jane Winder, resident of Rock Spring Farms subdivision,
expressed concerns relative to a decrease in property values,
crime and increase of traffic congestion. She urged the Board
to deny the case.
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Ms. Diane Hall expressed concerns relative to possible crime
in the area, violence and drug activity in adjacent
neighborhoods, reduced property values and increased traffic.
She urged the Board to deny the request.
Ms. Carla Graham, resident of Rock Springs Farm subdivision,
expressed concerns with potential crime, increased traffic in
residential areas and reductions in property values. She
urged the Board to deny the case.
Mr. Michael Jackson, a resident
expressed concerns relative to the
proposed rezoning on area quality of
of Rock Spring Farms, Braxton Village
stand in opposition of the case. He
the rezoning request.
of Meadowbrook Farms,
potential impact of the
life. He asked residents
and Meadowbrook Farm to
urged the Board to deny
Mr. Jeff Graham, resident of Rock Spring Farms subdivision,
expressed concerns with an increase of traffic coming into
the adjacent neighborhood, safety of residents, and decrease
of property values as a result of the development. He urged
the Board to deny the request for the rezoning.
Ms. Tyla Madison expressed concerns relative to the proposed
gas station and unintended pollutants and their impacts on
the environment.
Mr. Ron Morgan, resident of Rock Spring Farms subdivision,
expressed concerns relative to increased traffic and impacts
on residential neighborhoods. He stated he opposes having a
gas station on the property and added that the proposed uses
already exist in the area.
Ms. Pat Leadbetter, resident of Meadowbrook Farm subdivision,
stated there are plenty of gas stations and restaurants
within close proximity to the proposed rezoning. She urged
the Board to support a business that would be more respectful
of area residents.
Mr. Phil Lohr, Bermuda District resident, read an excerpt
from an article in the Richmond Times Dispatch and questioned
improvements planned for Jessup Road. He urged the Board to
defer or deny the proposal.
Ms. Charlene Hopkins, president of Meadowbook Farm Homeowners
Association, expressed concerns relative to safety, potential
for crime, increased traffic and reductions in property
values.
Mr. Preston Cuneo, adjacent property owner, expressed
concerns relative to proposed rezoning for commercial
development, increased traffic and safety to area
neighborhoods.
Mr. Dave Winder, president of the Rock Springs Farms
Homeowners Association, expressed opposition to the rezoning
request as currently submitted. He stated commercial use at
this gateway area could give a poor impression to visitors.
He further stated the uses should reflect the desires of
residents. He urged the Board to reject the proposal. He
stated permitted uses should not include gasoline sales and
fast food restaurant use.
Ms. Judy Stoneman urged the Board to deny the request.
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There being no one else to speak to the issue, the public
hearing was closed.
Mr. Andy Scherzer stated the applicant has taken each of the
issues and concerns of the residents into consideration. He
further stated a considerable amount of changes have taken
place since the case was presented one year ago. He stated
the architectural quality design guaranteed is very
significant and appropriate for the area. He further stated
there are many guarantees in the proffered conditions
relative to prohibited uses, reduced lighting, hours of
operation, environmental controls and minimizing visual
impacts. He noted both the Planning Commission and staff have
recommended approval and acceptance of the proffered
conditions. He stated the proposal is reasonable and asked
the Board to approve the request.
In response to Mr. Warren's question, Mr. Scherzer stated the
opposition relative to the case was expected. He further
stated reasonable economic use of the property is appropriate
in keeping with the guidelines of the Comprehensive Plan. He
stated there are architectural proffers that govern the
visibility of any fuel sales area. He further stated only a
six-pump station is allowed that may tie into additional
retail. He stated citizen concerns can be addressed once
specific users are identified because detailed plans must be
approved by the Planning Commission.
In response to Mr. Warren's question regarding the change to
the Comprehensive Plan, Mr. Turner stated there was
recognition that this area is an important gateway location,
and given the development trends that-have created the high-
quality destination uses in the area, the plan was amended to
provide the opportunity for commercial uses should they come
forward with quality appropriate for a gateway. He further
stated there has been a lot of discussion through the case
that perhaps the location is further south than where that
node should be located. He stated the amendment to the
Comprehensive Plan was to establish and highlight the
importance of the interchange as an opportune site to build
on what was started there already. He further stated one of
the things the applicant has done through the process was
listen to the citizens' concerns and has changed their
proposal a great deal in terms of addressing those concerns.
He noted the case is more tightly regulated than a typical
zoning case along a commercial corridor. He stated there was
also a large turnout at the Planning Commission meeting.
In response to Mr. Decker's question, Mr. Turner stated the
sequencing of how the property is developed does not apply to
the proposed case. He noted an RPA and substantial buffer
does apply between the development and the adjacent
residential properties.
Mr. Scherzer stated there is a natural 200-foot buffer
between the development and the adjacent residential
properties. He further stated the natural buffer is a good
transition and sequencing of the property has not been
discussed. He stated the likelihood of a commercial node
extending past the point of the buffer is slim. He further
stated the out parcels could be office space or retail,
whatever the market determines.
Mr. Decker expressed concerns relative to the lack of a ring
of protection, in the form of transitional uses, around the
property for the benefit of the existing residential use to
the west.
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Mr. Mincks stated the Board will need to suspend its rules to
consider matters on the agenda after 11:00 p.m.
Mr. Holland made a motion, seconded by Ms. Jaeckle, for the
Board to suspend its rules to allow for consideration of
matters on the agenda after 11:00 p.m.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
Mr. Elswick stated there was a lot of give and take on both
sides. He commended the Planning Commission for their hard
work.
Ms. Jaeckle stated the only way to maintain a reasonable tax
rate is to balance out commercial and residential. She stated
one benefit of sports tourism is people coming to the county,
which brings in tax money that residents do not have to pay.
In response to Mr. Holland's question, Mr. Smith stated staff
is comfortable with the traffic analysis conducted relative
to the case.
Mr. Holland shared crime statistics in the area and stated
these statistics as they relate to existing commercial use in
the area, do not support the idea that crime would increase
with the proposed development.
Mr. Smedley stated concerns relative to an adjacent pond and
headwaters of Falling Creek have been addressed with
proffered conditions that exceed ordinance requirements such
as the provision for permeable pavers and protection for fuel
sales areas.
Mr. Holland noted he is not interested in financial gain. He
further stated he has the obligation to make decisions based
on the best interest of the citizens of the county. He
yielded to the applicant for a possible amendment to the
proffer.
Mr. Mincks noted the case would need to come back before the
Board if a change was made to the proffer.
Mr. Scherzer stated in discussion with the owners, office
space may be developed on the property to provide a
transitional use, but a phased transitional building may not
be guaranteed. He further stated there is many qualitative
issues in the case that deal with the spirit of separation of
commercial and residential uses as Mr. Gecker discussed.
Mr. Gecker stated he does not object to uses on the site;
however, cannot support the case without some better
transition on the uses.
Mr. Warren stated he cannot support the case.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
deferred Case 13SN0527 to the April 23, 2014 meeting.
Mr. Mincks stated the deferred case will be placed on the
afternoon agenda at the April 23, 2014 meeting.
Ms. Jaeckle noted speakers were concerned with permitted uses
such as gas stations and fast food restaurants.
Mr. Mincks noted if the proffers change, the case would need
to be re-advertised as a public hearing.
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Mr. Holland called for a vote on his motion, seconded by Mr.
Warren, for the Board to defer Case 13SN0527 to the April 23,
2014 meeting.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
17. PUBLIC HEARINGS
17.A. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF EASEMENTS FOR THE EAST RIVER ROAD
WIDENING PROJECT
Mr. Jesse Smith stated this date and time has been advertised
for a public hearing for the Board to consider the exercise
of eminent domain for the acquisition of easements for the
East River Road Widening Project. He further stated no action
is required by the Board because an agreement has been
reached after the public hearing was advertised.
There was no action taken.
18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining requests for manufactured home
permits or rezoning at this time.
19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Amy Harbert, president of Chesterfield County Council of
PTAs, urged the Board to consider increased funding for the
operational side of the Schools' budget.
Ms. Sara Ward expressed concerns relative to the burden of
large class sizes on teachers and students.
Ms. Tami Loving expressed concerns relative to the lack of
handicap parking spaces and access walkways at various county
schools.
Ms. Kate Flinn expressed various concerns relative to lack of
handicap access and handicap parking spaces at various county
schools and parks, as well as broken playground equipment and
other issues. She urged the Board to increase the tax rate to
address these issues.
20. ADJOURNMENT
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
adjourned at 11:17 p.m. to Monday, March 10th at 5 p.m. for
dinner in Room 502 followed by a budget work session at 6
p.m. in the Public Meeting Room.
Ayes:
Nays:
Holland, Elswick, Jaeckle, Warren and Gecker.
None.
mes egm 'er
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