02-26-2003 MinutesBOARD OF SUPERVISORS
MINUTES
February 26, 2003
Supervisors in Attendances
Mr. Arthur S. Warren, Chairman
Mr. J. L. McHale, III, Vice Chrm.
Mr. Edward B. Barber
Mrs. Renny B. Humphrey
Mr. Kelly E. Miller
Mr. Lane B. Ramsey
County Administrator
School Board Members Presents
Ms. Dianne Pettitt
Mr. Marshall Trammell, Jr.
Staff in Attendances
Colonel Carl R. Baker,
Police Department
Mr. Craig Bryant, Dir.,
Utilities
Dr Billy Cannaday, Jr.,
Supt., School Board
Mr N. E. Carmichael,
Commissioner of Revenue
Ms Marilyn Cole, Asst.
County Administrator
Mr Richard Cordle,
Treasurer
Ms Mary Ann Curtin, Dir.,
Intergovtl. Relations
Ms Rebecca Dickson, Dir.,
Budget and Management
Mr William Dupler,
Building Official
Ms Lisa Elko,
Clerk
Chief Stephen A. Elswick,
Fire Department
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Thomas E. Jacobson,
Dir., Planning
Mr. Donald Kappel, Dir.,
Public Affairs
Ms. Kathryn Kitchen, Asst.
Supt. of Schools for
Business and Finance
Mr. Louis Lassiter, Dir.,
Internal Audit
Ms. Mary Lou Lyle, Dir.,
Accounting
Mr. Mike Mabe, Dir.,
Libraries
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Maj. Ronald O'Shields,
Sheriff's Office
03 -102
02/26/03
Mr. Francis Pitaro, Dir.,
General Services
Mr. Gary Southard, Finance
and Admin. Dir., Mental
Health/Mental Retard./
Substance Abuse Services
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Scott Zaremba, Asst.
Dir., Human Resource
Management
Mr. Warren called the regularly scheduled meeting to order at
3:33 p.m.
1. APPROVAL OF MINUTES FOR FEBRUARY 12, 2003
On motion of Mr. Miller, seconded by Mr. McHale, the Board
approved the minutes of February 12, 2003, as amended.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
Ms. Curtin provided an update on 2003 General Assembly
actions. She stated that no legislation was introduced
that would damage or change the county's cash proffer
authority. She further stated that House Bill 2215
relative to manufactured housing was defeated; and House
Bill 1821 relative to repealing vested rights in
manufactured housing was approved with significant
compromise language. She reviewed county legislative
requests adopted including House Bill 1932 relative to
the business tax appeal process; House Bill 1664
relative to EMS passport for volunteer firefighters and
rescue squad members; and House Bill 2726 relative to
business tax exemptions for certified pollution control
equipment. She stated that legislation that was
introduced on the county's behalf but defeated included
House Bill 2052 relative to courthouse maintenance fees
and House Bill 2425 relative to fees collected by
Circuit Court Clerks. She further stated that the
impact of the state budget on the county has not yet
been determined at this time, but indicated that there
is decreased funding for Constitutional officers and
public safety, and increased funding for both Human
Services and education.
Mr. Miller expressed concerns relative to legislation
regarding the plat review process and funding of the
LINK transportation system.
Ms. Curtin stated that the state budget included
language for an appropriation of up to $900,000 from
either Federal Temporary Assistance for Needy Family
(TANF) funds or the Transportation Efficiency Fund for
the LINK system, noting that this would require the
Board's approval as well as the appropriation of a
dollar for dollar match by July 1, 2003.
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02/26/03
Mr. Warren expressed appreciation to Ms. Curtin for her
efforts in tracking legislation and keeping the Board
informed on matters that could impact the county.
Mr. Warren called forward Boy Scout Brian McDaniel,
Troop 837, sponsored by Chester Baptist Church.
Mr. McDaniel led the audience in the Pledge of
Allegiance.
Mr. Chip Harris and Mr. Richard Melito with the Freedom
Flag Foundation presented the Board with a Freedom Flag
memorializing the victims of the terrorist attacks on
September 11, 2001.
3. BOARD COMMITTEE REPORTS
There were no Board committee reports at this time.
REQUESTS TO POSTPONE ACTION, ADDITIONS OR CHANGES IN THE
ORDER OF PRESENTATION
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
added Item 8.D.4.c., Set Date for Public Hearing to Consider
an Ordinance to Prohibit Hunting on Swift Creek Reservoir
Within One-Half Mile of any Residential Subdivision; and
adopted the Agenda, as amended.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
5. RESOLUTIONS AND SPECIAL RECOgNiTIONS
o RECOGNIZING MR. N. EVERETTE CARMICHAEL, COMMISSIONER OF
REVENUE, UPON HIS RETIREMENT
Mr. Stegmaier stated that Mr. Carmichael is recognized across
the state for outstanding integrity and professionalism. He
then introduced Mr. Joe Horbal, Deputy Commissioner of
Revenue.
Mr. Horbal introduced Mr. Ike Carmichael who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. N. Everette "Ike" Carmichael will retire as
Commissioner of the Revenue from Chesterfield County on
February 28, 2003; and
WHEREAS, Mr. Carmichael has served Chesterfield County
faithfully since January 1, 1980, when he was sworn in as the
newly-elected commissioner of the revenue; and
WHEREAS, Mr. Carmichael has served the citizens of
Chesterfield with marked integrity, making assessments and
other determinations pursuing the letter and intent of the
law, regardless of popular opinion, external pressures, or
consequences; and
WHEREAS, Mr. Carmichael made customer service a hallmark
of his office, by creating and improving processes that
followed a business model and put the taxpayers (his
~customers#) first; and
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WHEREAS, during his 23-plus years as commissioner, Mr.
Carmichael foresaw and managed growth and change in his
office and its procedures, as the county grew at a pace
ranking it among the fastest-growing in the nation for much
of his tenure; and
WHEREAS, Mr. Carmichael oversaw the modernization of his
office from manual processes and keypunch-era technology,
through mainframe-driven implementation of pro-ration of
assessments, to modern networked PC environments that
positioned the office for the future; and
WHEREAS, Mr. Carmichael strengthened the equitable
administration of tax liability with the development of an
audit program and professional audit staff that promoted and
ensured compliance and a proper distribution of the tax
burden; and
WHEREAS, Mr. Carmichael understood the importance of his
professional responsibility beyond the office, and in so
doing became an active proponent, in the General Assembly and
otherwise, of issues important to Chesterfield County and to
his fellow commissioners; and
WHEREAS, Mr. Carmichael achieved outstanding
professional recognition through certification from the
University of Virginia Center for Public Service, as well as
through his participation and leadership as past president of
both the Virginia Commissioners of the Revenue Association
and the Virginia Association of Locally Elected
Constitutional Officers; and
WHEREAS, Mr. Carmichael demonstrated outstanding civic
and cultural leadership in service as past commander of
American Legion Post #186 (Midlothian), past master of Clover
Hill Masonic Lodge #253 AF & AM, past county chairman for the
American Heart Association, past moderator of the Middle
District Baptist Association, active member of Central
Baptist Church, representative to the Virginia Baptist Board,
and member of the Chesterfield Emergency Planning Committee;
and
WHEREAS, more than anything else, Mr. Carmichael has
been a loyal friend to many, a loving father, and a devoted
husband, whose sense of humor and compassion endures and
still engages us.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 26tn day of February 2003,
publicly recognizes the contributions of Mr. N. Everette
~Ike# Carmichael to the citizens and administration of
Chesterfield County, and extends appreciation for his
commitment to the county, congratulations upon his
retirement, and best wishes for a long and happy retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mr. Carmichael and that this
resolution be permanently recorded among the papers of the
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
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02/26/03
Mr. Warren presented the executed resolution to Mr.
Carmichael, accompanied by his wife, expressed appreciation
for his dedicated service, and wished him well in his
retirement.
Mr. Ramsey expressed appreciation for the significant
improvements made in the Commissioner of Revenue's office by
Mr. Carmichael during his tenure.
Mr. Carmichael expressed appreciation to the Board for their
support, and also to the citizens who elected him and to his
wife and staff for their support.
Mrs. Humphrey expressed appreciation to Mr. Carmichael for
providing her with a ride during her early years of working
in the Treasurer's office.
6. WORK SESSIONS
0 COUNTY ADMINISTRATOR'S FY2004 PROPOSED BUDGET INCLUDIN~
PRESENTATIONS FROM THE HUMAN SERVICES DIVISION AND
SCHOOL BOARD
Mr. Hammer presented an overview of Human Services' proposed
FY2004 budget. He stated that FY2004 expenses total $68.3
million, an increase of two percent; revenues total $39.8
million, representing no change; and positions total 822,
including seven new positions. He reviewed Human Services'
top ten trends, including continued use of Medicaid to fund
Human Services programs; responsibility of mental health,
mental retardation, and substance abuse shifting from the
state to local governments; transforming the role of local
health departments; aggressive pursuit of Title IV-E funding
by the state to lower costs for juvenile programs; a growing
seniors population; fiscally stressed historical sites and
museums; decreased funding and changed allocation formula for
the Juvenile Detention Home; decreased Juvenile Community
Crime Control Act funds resulting in the loss of positions
who served juveniles; and sufficient funding of the Adult
Drug Court Program due to a three-year federal Substance
Abuse Mental Health Services Administration grant and new
federal funding. He provided details of Drug Court benefits,
stating that incarceration costs $37 per day as opposed to
$14.25 per day for drug court. He stated that a three
percent increase is proposed for the Comprehensive Services
Act primarily because of increased residential mental health
services. He further stated that the James River Soil and
Water Conservation funds have been reinstated in the state
budget. He stated that areas impacted by state budget
shortfalls include loss of the Cooperative Extension's 4H
Technician to serve families on Jefferson Davis Highway and a
decrease in the state library books grant. He provided
workload data relative to services provided by the Extension
Service. He reviewed local Human Services initiatives,
including a community/student survey for Youth Services; West
Nile Virus Surveillance Program in the Health Department;
~Reinvestment Initiative" regional deinstitutionalization
program for the Community Services Board; and a housing study
of special populations. He then reviewed issues related to
Libraries, including reallocated funding to begin the first
phase of the Internet Management System; funding replacement
of the LINC equipment over the next three years; future
expansion of the Meadowdale and Ettrick/Matoaca branches; and
a study of expanding the Enon Library. He provided data
relative to FY2001 Library visitors, circulation,
expenditures per capita and circulation per capita. He
reviewed issues of the Community Services Board and provided
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02/26/03
information relative to mental health caseloads; active
services; number of unduplicated people served; and the
waiting list for mental retardation ~waiver" services. He
presented per capita funding data, and stated that the
Co~fLunity Services Board is requesting a new psychiatrist
position and funding for Chester House. He stated that
Social Services needs a new Foster Care Supervisor position
because the caseload is over two times the state standard of
supervisors to staff. He reviewed Parks and Recreation
issues, including a four percent budget increase; trails and
greenway study; and non-funding of the Pocahontas concert
series.
Mrs. Humphrey requested that staff explore the possibility of
Block Grant funding for a 4H Technician to serve families on
Jefferson Davis Highway, and indicated that the Mary Moody
Northern Trust could be a potential funding source for the
Henricus Foundation.
Mr. Warren thanked Mr. Hammer for the presentation.
Mr. Ramsey called forward Dr. Cannaday to provide an overview
of the School Board's approved FY2003-2004 operating budget.
Dr. Cannaday reviewed various student, employee and school
successes. He stated that schools responded to the state
revenue challenge by $7 million in reduced expenses as well
as other proactive precautions. He reviewed FY2004 increase
in revenue and expenditure priorities. He then reviewed
actions to balance the FY2004 budget, including expenses
scheduled for FY2004 being transferred to FY2003, made
possible by reductions approved last fall, and reduction of
$2 million in planned FY2004 expenditures. He stated that
the proposed budget maintains the current pupil/teacher ratio
and also will address inadequacies in the school calendar.
He reviewed budget initiatives in the areas of preparing each
student for success; being a "first choice" employer; and
providing a safe and effective learning environment. He
stated that 71 percent of the schools' $386,891,900 total
operating budget for FY2004 will be used for instruction.
Mr. Warren excused himself from the meeting.
When asked, Dr. Cannaday stated that the per pupil cost of
operating the school system is $6,900, which is approximately
$300 below the state average. He further stated that Henrico
County's per pupil cost is about $7,200.
Mr. Ramsey stated that Henrico County does not have a
prescribed formula for determining their school budget.
Dr. Cannaday stated that FY2004 revenues have increased by
approximately $14.7 million, but the expenditures identified
totalled approximately $22.3 million. He further stated that
resources within the current budget have been redirected to
balance the budget.
Mr. McHale thanked Dr. Cannaday for his
presentation.
informative
Mr. Miller excused himself from the meeting.
7. DEFEND IT~
There were no deferred items at this time.
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02/26/03
8. NEW BUSINESS
8oa,
AUTHORIZATION TO ADVERTISE TAX RATES FOR FY2004
BIENNIAL FINANCIAL PLAN AND SET PUBLIC HEARINGS
Ms. Dickson reviewed proposed fee increases for FY2004, and
stated that ordinance changes are also being requested in
Building Inspection for clarification purposes only.
Mr. Warren returned to the meeting.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
authorized the advertisement of tax rates, proposed FY2004
Biennial Financial Plan, proposed FY2004-2010 Capital
Improvement Program, the FY2004 Community Block Grant
Program, and other ordinance changes and set the date of
March 26, 2003 beginning at 7:00 p.m. for public hearings to
consider these items.
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Absent: Miller.
8.B. STREETLIGHT INSTALLATION APPROVALS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved the following streetlight installations:
Bermuda District
* Grindell Creek Park Subdivision,
vicinity of 5020 Oriole Avenue
Cost to install streetlight: $142.02
Dale District
* Entrance to Camelot Forest Subdivision,
intersection of Kingsland Road and Sherwood Forest
Cost to install streetlight: $47.51
Midlothian District
* Newberry Towne Subdivision,
intersection of Newington Drive and Holyoke Court
Cost to install streetlight: $464.93
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Absent: Miller.
8.C. APPOINTMENTS
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
suspended its rules at this time to allow simultaneous
nomination/appointment of a member to serve on the Disability
Services Board.
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Absent: Miller.
03-108
02/26/03
O DISABILITY SERVICES BOARD
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
simultaneously nominated/appointed Ms. Debra Boykins,
representing the Bermuda District, to serve on the Disability
Services Board, whose term is effective immediately and
expires December 31, 2005.
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Absent: Miller.
Mr. Miller returned to the meeting.
8.D. CONSENT ITEMS
8.D.1. ADOPTION OF RESOLUTION RECOGNIZING MARCH 2003, AS
"PURCHASING MONTH"
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, the purchasing and materials management
profession has a significant role in the quality, efficiency
and profitability of business and government throughout the
United States; and
WHEREAS, the purchasing and materials management
profession works for private and public, and profit and
nonprofit organizations; and
WHEREAS, in addition to the purchase of goods and
services, the purchasing and materials management profession
engages in or has direct responsibility for functions such as
executing, implementing and administering contracts;
developing forecast and procurement strategies; supervising
and/or monitoring the flow and storage of materials; and
developing working relations with suppliers and with other
departments within the organization; and
WHEREAS, the purchasing and materials management
profession has tremendous influence on the economic
conditions in the United States, with an accumulative
purchasing power running into the billions of dollars; and
WHEREAS, purchasing or procurement operations range from
departments of one person to several thousand; and
WHEREAS, governmental purchasing and other associations
around the world are sponsoring activities and special events
to further educate and inform the general public on the role
of purchasing within business, industry and government.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby recognizes the month of
March 2003, as ~Purchasing Month" in Chesterfield County and
encourages all citizens to join in commemorating this
observance.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
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02/26/03
8.D.2. ACCEPTANCE OF ADDITIONAL FY2003 FEDERAL GRANT AWARD
AND APPROPRIATION OF FUNDS TO THE CHESTERFIELD
COMMUNITY SERVICES BOARD FOR THE ~FAMILIES FIRST"
HEALTHY FAMILIES PR0~RAM INITIATIVE
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
accepted and appropriated $81,400 in additional federal
FY2003 Temporary Assistance for Needy Families Program funds
for the Families First-Healthy Families Program initiative
currently administered by the Chesterfield Community Services
Board (CSB) and coordinated by CSB Prevention Services. (It
is noted no local match is required.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8 .D.3.
APPROPRIATION OF JUVENILE ACCOUNTABILITY INCENTIVE
BLOCK GRANT FUNDS FROM THE DEPARTMENT OF CRIMINAL
JUSTICE SERVICES
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
authorized Human Services Administration to receive and
appropriate $46,919 in Juvenile Accountability Incentive
Block Grant (JAIBG) funds from the Department of Criminal
Justice Services. (It is noted the $5,213 local match has
been identified from Virginia Juvenile Community Crime
Control Act (VJCCCA) funds.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.D.4. SET DATE FOR PUBLIC HEARINGS
8 .D.4 .a.
TO CONSIDER CONVEYANCE OF CONSERVATION EASEMENT TO
THE VIRGINIA 0UTDQQR~ FQUNDATIQNAND THE FRIENDS OF
CHESTERFIELD'S RIVERFRONT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
set the date of March 12, 2003 at 7:00 p.m. for a public
hearing to consider the conveyance of a conservation easement
to the Virginia Outdoors Foundation and the Friends of
Chesterfield's Riverfront over the Brown and Williamson
Conservation area, and authorized the Chairman of the Board
of Supervisors and the County Administrator to execute the
easement agreement.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8 .D.& .b.
TO CQN~IDER THE APPRQPRIATIQN QF REF~ RECEIVED
FRQM THE RIVERSIDE ,~EGIQNAL JAIL AUTHQRITY
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
set the date of March 26, 2003 for a public hearing to
consider the appropriation of $1,127,779 per diem refund
received from the Riverside Regional Jail Authority.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8 .D.~ .C.
TO CONSIDER AN ORDINANCE TO PROHIBIT HUNTING ON
SWIFT CREEK RESERVQIR WITHIN ONE-HALF MILE OF ANY
RESIDENTIAL SUBDIVISION
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
set the date of April 9, 2003 to consider an ordinance to
03-110
02/26/03
prohibit hunting on Swift Creek Reservoir within
mile of any residential subdivision.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
one-half
8.D.5. REQUESTS TO QUITCLAIM
8.D.5.&.
A PORTION OF A SiXTEEN-FOOT DRAINAGE EASEMENT
ACROSS T~ PROPERTY OF E. RAY MORRIS
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 16-foot drainage easement across the property of
E. Ray Morris. (It is noted a copy of the plat is filed with
the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.D.5.b. A PORTION OF A SIXTEEN-FOOT WATER EASEMENT ACROSS
THE PROPERTY OF ALVERSER, LLC
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 16-foot water easement across the property of
Alverser, LLC. (It is noted a copy of the plat is filed with
the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.D.6. ACCEPTANCE OF PARCELS OF LAND
8.D.6.&. ALONG THE SOUTH RIGHT OF WAY LINE OF OSBORNE ROAD
FROM BARNEY E. AND MARTHA M. MCLAUGHLIN
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 0.065
acres along the south right of way line of Osborne Road
(State Route 616) from Barney E. and Martha M. McLaughlin,
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: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.D.6.b. ALONG THE SOUTH RIGHT OF WAY LINE OF RIVER ROAD
FROM JOSEPH A. SIMMONS, SR.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 0.145
acres along the south right of way line of River Road (State
Route 602) from Joseph A. Simmons, Sr., 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: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
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02/26/03
9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
10. REPORTS
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
accepted the following reports:
A status report on the General Fund Balance, Reserve for
Future Capital Projects, District Improvement Funds and Lease
Purchases; and a report on Developer Water and Sewer
Contracts.
And, further, the Board accepted the following roads into the
State Secondary System:
ADDITION LENGTH
BAYHILL POINTE, SECTION 11
(Effective 1/30/03)
Erika Hill Court (Route 5468) - From Erika
Hill Way (Route 5503) to Cul-de-sac
0.02 Mi
Erika Hill Drive (Route 5467) - From Erika
Hill Way (Route 5503) and Erika Hill Place
(Route 5469) to Cul-de-sac
0.12 Mi
Erika Hill Drive (Route 5467) - From Battlecreek
Drive (Route 5013) to Erika Hill Way (Route
5503) Erika Hill Place (Route 5469)
0.12 Mi
Erika Hill Place (Route 5469) - From Erika
Hill Drive (Route 5467) to Cul-de-sac
0.04 Mi
Erika Hill Way (Route 5503) - From Erika
Hill Drive (Route 5467) to Erika Hill Court
(Route 5468)
0.05 Mi
Erika Hill Way (Route 5503) - From Erika
Hill Court (Route 5468) to Cul-de-sac
0.04 Mi
BRIDLEWOOD FOREST
(Effective 1/30/03)
Tuckers Landing Road (Route 5495) - From
Providence Road (Route 678) to Cul-de-sac
0.22 Mi
BUFORD SQUARE
(Effective 1/30/03)
Buford Square Place (Route 5466) - From
Buford Road (Route 678) to Cul-de-sac
0.10 Mi
CAVAN AT LONGMEADOW
(Effective 1/10/03)
McCabe Court (Route 4694) - From McCabe
Drive (Route 4693) to Cul-de-sac
0.06 Mi
03-112
02/26/03
McCabe Drive (Route 4693) - From McCabe
Court (Route 4694) to 0.04 mile east of
McCabe Court (Route 4694)
McCabe Drive (Route 4693) - From Longmeadow
Boulevard (Route 5130) to McCabe Court
(Route 4694)
DEER RUN, SECTION 12
(Effective 1/10/03)
Decidedly Lane (Route 4998) - From Chateaugay
Lane (Route 4994) to Cul-de-sac
Lucky Debonair Lane (Route 4986) - From
Chateaugay Lane (Route 4994) to Cul-de-sac
GROVE HILL ROAD
(Effective 1/31/03)
Grove Hill Road (Route 5471) - From Grove Hill
Road (Route 5471) 0.12 mile east Biggin Pond Road
(Route 5480) to North Woolridge Road (Route 668)
HOLLYMEADE, SECTION C
(Effective 1/10/03)
Lockberry Ridge Loop (Route 4393) - From 0.20
mile north of Lockberry Ridge Drive (Route 4392)
to 0.06 mile south of Lockberry Ridge Court
(Route 4533)
JESSUP FARMS, SECTION E
(Effective 1/30/03)
Calavetti Drive (Route 5439) - From Hackney Road
(Route 2326) to 0.03 mile west of Hackney Road
(Route 2326)
Hackney Loop (Route 5438) - From Hackney Road
(Route 2326) to Hackney Road (Route 2326)
Hackney Road (Route 2326) - From Brambleton
Road (Route 3169) to Hackney Loop (Route 5438)
Hackney Road (Route 2326) - From Hackney Loop
(Route 5438) to Hackney Loop (Route 5438)
Hackney Road (Route 2326) - From Calavetti
Drive (Route 5439) to Cul-de-sac
Hackney Road (Route 2326) - From Hackney
Loop (Route 5438) to Calavetti Drive (Route
5439)
KENTWOOD FOREST, SECTION 1
(Effective 1/24/03)
Kentwood Forest Court (Route 5117) - From
Kentwood Forest Drive (Route 5116) to Cul-de-sac
Kentwood Forest Drive (Route 5116) - From
Longmeadow Circle (Route 5131) to Kentwood
Forest Court (Route 5117)
03-113
0.04 Mi
0.07 Mi
0.04 Mi
0.05 Mi
0.13 Mi
0.33 Mi
0.03 Mi
0.06 Mi
0.05 Mi
0.02 Mi
0.07 Mi
0.07 Mi
0.09 Mi
0.11 Mi
02/26/03
Kentwood Forest Drive (Route 5116) - From
Kentwood Forest Court (Route 5117) to Kentwood
Forest Place (Route 5118)
Kentwood Forest Drive (Route 5116) - From
Kentwood Forest Place (Route 5118) to 0.01 mile
east of Kentwood Forest Place (Route 5118)
Kentwood Forest Place (Route 5118) - From
Kentwood Forest Drive (Route 5116) to Cul-de-sac
Longmeadow Circle (Route 5131) - From 0.07
mile east of Lyndhurst Drive (Route 5137) to
Kentwood Forest Drive (Route 5116)
Longmeadow Circle (Route 5131) - From Kentwood
Forest Drive (Route 5116) to 0.08 mile northeast
of Kentwood Forest Drive (Route 5116)
KENTWOOD FOREST, SECTION 2
(Effective 1/10/03)
Kentwood Forest Drive (Route 5116) - From Knobbly
Court (Route 5119) to Cul-de-sac
Kentwood Forest Drive (Route 5116) - From 0.01
mile east of Kentwood Forest Place (Route 5118)
to Knobbly Court (Route 5119)
Knobbly Court (Route 5119) - From Kentwood Forest
Drive (Route 5116) to Cul-de-sac
KENTWOOD FOREST, SECTION 3
(Effective 1/10/03)
Exhall Court (Route 4698) - From Exhall Drive
(Route 4697) to Cul-de-sac
Exhall Drive (Route 4697) - From Longmeadow
Circle (Route 5131) to Exhall Court (Route
4698)
Exhall Drive (Route 4697) - From Exhall Court
(Route 4698) to Kentwood Forest Drive (Route
5116)
KINGSLAND GLEN, SECTION 1
(Effective 1/10/03)
Chickamauga Court (Route 5449) - From Kingsland
Creek Drive (Route 5446) to Cul-de-sac
Chickamauga Drive (Route 5465) - From Kingsland
Creek Drive (Route 5446) to 0.01 mile north of
Kingsland Creek Drive (Route 5446)
Kingsland Creek Court (Route 5447) - From
Kingsland Creek Drive (Route 5446) to Cul-de-sac
Kingsland Creek Drive (Route 5446) - From
Kingsland Creek Court (Route 5447) and
Kingsland Creek Lane (Route 5448) to
03-114
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0.03 Mi
0.07 Mi
0.:08 Mi
0.03 Mi
0.12 Mi
0.15 Mi
0.15 Mi
0.14 Mi
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0.03 Mi
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0.03 Mi
02/26/03
Chickamauga Court (Route 5449) and
Chickamauga Drive (Route 5465)
Kingsland Creek Drive (Route 5446) - From
Chickamauga Court (Route 5449) and
Chickamauga Drive (Route 5465) to Cul-de-sac
Kingsland Creek Drive (Route 5446) - From
Kingsland Glen Drive (Route 5445) to Kingsland
Creek Court (Route 5447) and Kingsland Creek
Lane (Route 5448)
Kingsland Creek Lane (Route 5448) - From
Kingsland Creek Drive (Route 5446) to 0.08
mile south of Kingsland Creek Drive (Route 5446)
Kingsland Glen Drive (Route 5445) - From Cogbill
Road (Route 638) to Kingsland Creek Drive (Route
5446)
LYNDHURST, SECTION 2
(Effective 1/10/03)
Lyndhurst Drive (Route 5137) - From 0.03 mile
south of Lyndhurst Court (Route 5138) to
Lyndhurst Place (Route 5377)
Lyndhurst Drive (Route 5137) - From Lyndhurst
Place (Route 5377) to Cul-de-sac
Lyndhurst Place (Route 5377) - From Lyndhurst
Drive (Route 5137) to Cul-de-sac
OAK FOREST, SECTION 6
(Effective 1/10/03)
Glencadam Drive (Route 5424) - From Halloway
Avenue (Route 722) to Cul-de-sac
Springbank Road (Route 5412) - From Halloway
Avenue (Route 722) to Cul-de-sac
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
0.08 Mi
0.03 Mi
0.04 Mi
0.08 Mi
0.16 Mi
0.03 Mi
0.08 Mi
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0.06 Mi
0.18 Mi
11. DINNER
On motion of Mr. Barber, seconded by Mr. McHale,
recessed to the Administration Building, Room 502,
with members of the School Board.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
the Board
for dinner
Reconvening:
12. INVOCATION
Dr. Micah McCreary,
gave the invocation.
Pastor
of Spring Creek Baptist
Church
03-115
02/26/03
Musical selections were presented by the Spring Creek Baptist
Church male chorus.
13. PLEDGE OF ALLEGIANCE ~0 THE FLAG OF THE UNITED STATES
OF AMERICA
MS. Allie Pettigrew led the Pledge of Allegiance to the flag
of the United States of America.
14. RESOLUTIONS AND SPECIAL RECOGNITIONS
0 RECOGNIZING MS. ALLIE PETTIGREW FOR HER COMMUNITY
PARTICIPATION
Mr. Kappel introduced Ms. Allie Pettigrew who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, The Prudential Insurance Company of America and
the National Association of Secondary School Principals
sponsors an annual awards program to recognize student
volunteers for their contributions to their community; and
WHEREAS, this year's award winners were announced
February 4, 2003 by Mr. Arthur F. Ryan, chairman and CEO of
Prudential Financial and Gerald N. Tirozzi, executive
director, National Association of Secondary School
Principals; and
WHEREAS, Ms. Allie Pettigrew, a Chesterfield County
resident and a student at Clover Hill High School, was named
as a Distinguished Finalist and bronze medallion recipient;
and
WHEREAS, this is a significant accomplishment in light
of the fact that more than 24,000 high school and middle
school students were considered for awards this year; and
WHEREAS, Ms. Pettigrew, a freshman at Clover Hill High
School, compiled a book of poems, letters and songs
expressing gratitude to America's armed forces, and sent
2,000 copies to individuals serving on the U.S.S. Theodore
Roosevelt; and
WHEREAS, Ms. Pettigrew has distinguished herself by her
service to others.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 26th day of February 2003,
publicly recognizes Ms. Allie Pettigrew, expresses its
appreciation and congratulations, on behalf of the grateful
citizens of Chesterfield County, for her community spirit and
her dedication to helping others, and wishes her continued
success in all her endeavors.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Ms. Pettigrew and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-116
02/26/03
Mr. Miller presented the executed resolution to Ms.
Pettigrew, accompanied by members of her family, commended
her for her community service contributions, and
congratulated her for winning such a prestigious award.
Miss Pettigrew expressed appreciation to the Board for the
recognition and also to those who helped with her project.
15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON
~ CONSENT A~NDA TO BE HEARD IN THE FOLLOWING ORDER~
- ACCEPTS T~ RECOMMENDATION AND THERE IS NO OPPOSITION
- CASES WRI~RE THE APPLICANT DOES NOT ACCEPT THE
RECOM~.NDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE
HEARD AT SECTION 18
02SN0259
In Matoaca Magisterial District, SWIFT CREEK PARTNERS, LLC
request rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12) on 234.7 acres with
Conditional Use to allow private recreational facilities on
9.0 acres of the 234.7 acres. Residential use of up to 3.63
units per acre is permitted in a Residential (R-12) District.
The Comprehensive Plan suggests the property is appropriate
for single family residential use of 2.0 units per acre or
less. This request fronts approximately 1,600 feet on the
north line of Otterdale Road, approximately 2,100 feet east
of Woolridge Road and located at the western terminus of Fox
Club Parkway. Tax IDs 712-672-Part of 4372, 713-673-Part of
4247 and 713-675-1759 (Sheet 15).
Mr. Jacobson stated that Mrs. Humphrey has requested a
deferral until November 25, 2003.
Mr. Jack Wilson, representing the applicant, stated that the
deferral is acceptable.
Mr. Warren called for the public hearing.
Mr. Greg Blake stated that the Foxcroft residents support the
deferral and appreciate the Board's willingness to explore
the residents' concerns relative to the adequacy of the UDDer
Swift Creek Plan; the impact of growth on schools,
transportation and roads; and protection of open space and
the environment. He requested that, during the deferral
period, the Board examine and revise the UpDer Swift Creek
Plan and related plans, indicating that the residents are
willing to assist the county with this process.
When asked, Mr. Blake stated that he would support deferral
of all rezoning requests in the Swift Creek Reservoir
Watershed to review the plans and determine if responsible
growth can be achieved.
Mr. Tom Pakurar, representing Hands Across the Lake, stated
that the communities support a 12-month deferral to allow
time to adequately revise the UDDer Swift Creek Plan and
address concerns of pollution, schools and roads. He
expressed concerns relative to increased phosphorous that
would be added to Swift Creek Reservoir by the proposed
development. He submitted a petition signed by approximately
800 residents requesting that the Board defer all zoning
cases within the Swift Creek Reservoir Watershed for one year
to allow time for revising the county's Master Plan to
address the pollution, density and levels of service issues,
and coordinate construction of homes, schools and roads.
03-117
02/26/03
Dr. Betty Hunter-Clapp also submitted petitions to the Board
in support of a 12-month deferral and stated that she has
additional petitions and will provide them to the Board at a
later date. She requested that the Board seriously consider
the residents' concerns.
Mr. Wilson stated that he is hopeful the issues can be
addressed during the deferral period.
There being no one else to speak to the deferral, the public
hearing was closed.
Mrs. Humphrey stated that she is recommending a nine-month
deferral so there will be a three-month buffer if it becomes
necessary to remand the case to the Planning Commission. She
further stated that the Board will be addressing many issues
throughout the remainder of this calendar year, including
school crowding; run-off and standards of quality for the
Swift Creek Reservoir; and location of regional BMPs. She
stated that the Virginia Department of Transportation will
hold its allocation hearings in May 2003 relative to re-
prioritization of road projects, and indicated that she needs
to know where the 360 Widening Project stands prior to
approving any additional residential lots in the Western
Chesterfield Corridor.
Mrs. Humphrey then made a motion, seconded by Mr. Barber, for
the Board to defer Case 02SN0259 until November 25, 2003.
Mr. Barber suggested that Mr. Pakurar present his concerns to
the county's legislative delegation because the Board is not
empowered by the General Assembly to adopt an adequate
facilities ordinance to address the concerns expressed. He
stated that, if a zoning request complies with the plan and
the applicant offers sufficient cash proffers, the Board
cannot legally deny the request.
Mr. Miller stated that he will support the motion, but
expressed concerns that all requests in the Upper Swift Creek
Watershed should be deferred rather than the Board acting
upon some and deferring others. He stated that the size of
the development should not matter when determining whether or
not to defer the requests. He expressed concerns that not
much has been done to address issues raised at the growth
summit, and indicated that he hopes a positive outcome will
result from this deferral.
Mr. McHale stated that he feels each case should stand on its
own merits, indicating that he will support the motion. He,
too, urged citizens to express their concerns to the county's
legislative delegation.
Mr. Warren expressed appreciation to the citizens who
expressed their concerns by signing the petitions, and
requested that copies of all of the petitions be provided to
each Board member. He stressed the importance of protecting
the Swift Creek Reservoir, indicating that he does not want
to see it become another Falling Creek.
Mr. Warren then called for a vote on the motion of Mrs.
Humphrey, seconded by Mr. Barber, for the Board to defer Case
02SN0259 until November 25, 2003.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-118
02/26/03
03SN0175
In Dale Magisterial District, DONNA ASKEW HOWARD requests
Conditional Use and amendment of zoning district map to
permit a family daycare home in a Residential (R-12)
District. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
residential use of 1 to 2.5 units per acre. This request
lies on 0.4 acre and is known as 4318 Jacobs Bend Terrace.
Tax ID 758-685-1030 (Sheet 11).
Mr. Jacobson stated that Mr. Miller has requested a deferral
until April 23, 2003.
Ms. Donna Askew Howard inquired about the reason for the
deferral.
Mr. Miller stated that he is requesting the deferral to allow
time to meet with the applicant and the residents who have
expressed concerns.
Ms. Howard stated that she would prefer not to accept a
deferral.
After brief discussion, Mr. Warren stated that, because the
applicant does not accept the deferral, the request will be
heard under Item 18., Remaining Mobile Home Permits and
Zoning Requests.
01SN0121 (Amended)
In Clover Hill Magisterial District, CHESTERFIELD COUNTY
BOARD OF SUPERVISORS AND DANKOS FAMILY TRUST request rezoning
and amendment of zoning district map from Agricultural (A) to
Corporate Office (0-2) and Neighborhood Business (C-2) with
Conditional Use Planned Development on these tracts plus an
existing zoned Neighborhood Business (C-2) tract to permit
exceptions to Ordinance requirements and an existing
Agricultural (A) tract. Further, amendment to Conditional
Use Planned Development (83S182) on an existing zoned
Neighborhood Business (C-2) tract relative to the Master
Plan, uses, site design, architecture, signage and access. A
mixed use development, to include office and commercial uses,
is planned. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
co~unity mixed use and single family residential use of 2.0
units per acre or less. This request lies on 37.0 acres,
fronting in two (2) places for a total of approximately 1,130
feet on the north line of Hull Street Road, also fronting
approximately 120 feet on the east line of Southshore Drive
across from North Spring Run Road and Chital Drive, also
lying at the western terminus of Harbour Pointe Road. Tax
IDs 724-672-Part of 9216, 725-672-Part of 1175 and 726-672-
Part of 1039 (Sheet 15).
Mr. Jacobson presented a summary of Case 01SN0121 and stated
that the Planning Commission and staff recommend approval
subject to conditions and acceptance of the proffered
conditions. He further stated that the request conforms to
the UDDer Swift Creek Plan.
Mr. Oliver Rudy, representing the property owner (Bottoms
family), stated that the issues have been resolved and the
Bottoms family supports the recommendation.
03-119
02/26/03
Mr. Willis Blackwood, representing the Dankos Family Trust,
stated that the recommendation is acceptable.
Mr. Warren called for the public hearing.
No one came forward to speak to the request.
Mr. Warren made a motion, seconded by Mrs. Humphrey, for the
Board to approve Case 01SN0121 subject to conditions and
acceptance of the proffered conditions.
Mr. Miller expressed concerns relative to the county taking
over as applicant in this case and roll back taxes not being
paid by the property owner as a result of the county becoming
the applicant, and stated that he cannot support the request.
Mr. Warren called for a vote on his motion, seconded by Mrs.
Humphrey, for the Board to approve Case 01SN0121 subject to
the following conditions:
CONDITIONS: BOTTOMS PROPERTY
A. Commerci&l, Office and Agricultur&l Tracts~
Sidewalks. Within the commercial and office tracts,
sidewalks shall be provided on both sides of Temie Lee
Parkway and throughout the project to connect the
individual commercial and office developments to the
Temie Lee Parkway sidewalk system. Further, within the
Agricultural Tract, sidewalks shall be provided on both
sides of Temie Lee Parkway and the extension of St.
Elizabeth Drive. The exact location and design of
sidewalks shall be approved at the time of site plan
review. Prior to, or in conjunction with the first site
plan submission, an overall conceptual plan for the
sidewalk system shall be submitted for approval. (P)
o
BMP Design. Any above ground facilities required for
water quantity or quality control shall be designed as
wet ponds and shall be landscaped or otherwise improved
so that the facilities become visual enhancements to,
and amenities for, the project. At the time of plan
review, a plan depicting this requirement shall be
submitted for review and approval. (EE & P)
3. BMPs.
so
Unless modified by the Planning Commission at the
time of Site Plan review, the requirements stated
herein shall be complied with. A single BMP,
located in the general vicinity of Tracts K and M,
shall be designed and constructed to accommodate
runoff from the property and Clover Hill High
School. The construction of the BMP may be phased
upon approval of a phasing plan by the
Environmental Engineering Department. Ail drainage
except that which drains to 724-672-9216 (commonly
known as Aunt Sarah's) and that which drains from
the northern portion of Tract L shall be directed
through this BMP. At a minimum, the BMP shall be
fenced so as to only allow access from Tax ID 726-
673-1225 (Clover Hill High School) and shall be
designed with both safety and aquatic benches. The
design of the fence, safety bench and aquatic bench
shall be approved by the Planning and Environmental
03-120
02/26/03
Engineering Departments. If the BMP has not been
designed and constructed at such time that it is
needed to accommodate runoff from Tax ID 726-673-
1225 (Clover Hill High School), the owner/developer
shall dedicate any easements necessary to
accommodate construction of such BMP. (P & EE)
The following easements shall be dedicated to and
for the benefit of Chesterfield County, in a form
acceptable to the County:
A fifty (50) foot easement, north of the
SWM/BMP, from the northern boundary of the
SWM/BMP north for the remaining length of the
eastern Property line. Except where necessary
to accommodate utility extensions, there shall
be no clearing or grading within this
easement. If clearing or grading is necessary
to accommodate utility extensions, measures
shall be taken to minimize the amount of tree
removal within the easement. A minimum of one
(1) week prior to clearing, the owner/
developer shall flag the limits of clearing
for inspection by the Planning, Utilities and
Environmental Engineering Departments as well
as the Clover Hill District Planning
Commissioner. A minimum of forty-eight (48)
hours prior to any clearing activity within
this fifty (50) foot easement for the purpose
of extending utilities to the property, the
owner/developer shall notify the Utilities,
Environmental Engineering and Planning
Departments and the Clover Hill District
Planning Commissioner of such proposed
clearing. An inspector from each of these
County departments and the Clover Hill
District Planning Commissioner shall be on-
site during this clearing process. Subsequent
to such clearing, silt fencing shall be
installed in as determined appropriate by the
Environmental Engineering Department. (S, U,
EE & P)
(2)
An easement around the SWM/BMP, of a width
necessary to accommodate pedestrian
circulation for use by authorized personnel.
This easement may be located within the
boundaries of the BMP easement normally
required by the Environmental Engineering
Department. The easement shall be located
within the fenced area described in Condition
A.3.a. The easement shall be posted with a
sign stating: ~No Trespassing-For Authorized
Personnel Only." (S)
(NOTE: The purpose of Condition 3.b. is to provide a
water quality teaching area north of the SWM/BMP and an
easement around the SWM/BMP. It is the intent that the
SWM/BMP and the area north of the SWM/BMP be used by
several schools for the purpose of studying water
quality monitoring techniques in the SWM/BMP and the
outflow into the creek, north of the SWM/BMP, leading to
the Swift Creek Reservoir. It is also the intent that
03-121
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o
o
o
the area be used to study the benefits of providing
tree-save areas as riparian corridors adjacent to
creeks. However, the area could be used for other
purposes as may be determined by the County in the
future, subject to Substantial Accord Approval)
Timbering. Except for the timbering approved by the
Virginia State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance
permit has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. Further, in each office tract, there
shall be no clearing, grading or timbering until final
site plans have been approved for each tract. In the
agricultural area, there shall be no clearing, grading
or timbering until road plan approval by the County and
that such clearing, grading or timbering shall be
limited to roads only. Provided, however, that clearing,
grading or timbering may occur outside the boundaries of
any individual site plan within the office tracts or
agricultural tracts for the purpose of extending
utilities to the property, subject to the requirements
of Condition A.3.b(1) (EE)
Driveway Expansion for Clover Hill High School. Prior
to any final site plan approval, or within sixty (60)
days of a written request by the County, whichever
occurs first, land and/or easement up to twenty-five
(25) feet in width up to a distance of 400 feet from the
north side of the ultimate right of way of Hull Street
Road along the eastern boundary of the Property shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (S)
Access to Clover Hill High School. The developer shall
be responsible for constructing and dedicating any
easements or right of way for a combined pedestrian and
two-lane driveway or road connection~ to Tax ID 726-673-
1225 (commonly known as Clover Hill High School). The
exact location and treatment of this connection shall be
determined at the time of site plan review for Tracts G,
I or K provided, however, that such connection shall
generally be located in the vicinity of Tract K. If the
pedestrian and driveway/road connection--has not been
designed and constructed at such time that it is needed
by the County to accommodate pedestrian and vehicular
traffic, the owner/developer shall dedicate any
easements and/or right of way necessary to accommodate
the construction of such pedestrian and driveway
connection/road. (S)
Right of Way Dedication. Prior to any final site plan
approval, or within sixty (60) days from a written
request by the County, whichever occurs first, 100 feet
of right-of-way on the north side of Hull Street Road
(Route 360), measured from the centerline of that part
of Route 360, immediately adjacent to the property,
shall be dedicated, free and unrestricted, to and for
the benefit of Chesterfield County. (T)
Access to Route 360. No direct access shall be provided
from the property to Route 360. (T)
03-122
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10.
Special Access Street. Prior to any site plan approval,
or within sixty (60) days from a written request by the
County, whichever occurs first, a fifty (50) foot wide
right-of-way for a special access street (the ~Special
Access Street") shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County from Temie Lee Parkway to the western property
line, as generally shown on the Master Plan. The exact
location of this right-of-way shall be approved by the
Transportation Department. At the time of site plan
review, the Transportation Department may modify this
condition to allow an access easement, acceptable to the
Transportation Department, to be recorded in lieu of
dedicating the right-of-way for the Special Access
Street. (T)
Road Improvements. To provide an adequate roadway
system, the Developer shall be responsible for the
following:
Construction of additional pavement along the
westbound lanes of Route 360 at the existing access
located just east of the Temie Lee Parkway
intersection to provide a separate right turn lane;
bo
Construction of additional pavement along the
eastbound lanes of Route 360 at the Temie Lee
Parkway/Route 360 intersection to provide dual left
turn lanes. The exact length of this road
improvement shall be approved by the Transportation
Department;
C o
Construction of Temie Lee Parkway as a 2-lane
roadway from the Special Access Street, north,
through the property. The exact length of this
road improvement shall be approved by the
Transportation Department;
Construction of additional pavement along Temie
Lee Parkway from Route 360 to the Special Access
Street to provide a five (5) lane typical section
(three (3) southbound lanes and two (2) northbound
lanes). The exact design and length of this road
improvement shall be approved by Transportation
Department;
so
Full cost for the installation of a traffic signal
or traffic signal modification, as determined by
the Transportation Department, at the intersection
of Temie Lee Parkway/North Spring Run Road/Route
360 intersection, if warranted, as determined by
the Transportation Department;
f o
Construction of a two (2) lane road for the Special
Access Street from Temie Lee Parkway to the western
property line of the Property; and
Dedication to and for the benefit of Chesterfield
County, free and unrestricted, of any additional
right-of-way (or easements) required for the
improvement identified above. (T)
03-123
02/26/03
11.
12.
Road Improvement Phasing. Prior to any site plan
approval, a phasing plan for required road improvements,
as identified in Condition 10, shall be submitted to and
approved by the Transportation Department. The approved
phasing plan shall require the construction of the
Special Access Street, as identified in Condition 10.f.,
in conjunction with the initial development on the
property. (T)
Master Plan. The Plan prepared by Balzer and Associates
last revised May 31, 2002, shall be considered the
Master Plan with respect to the general location of
uses, roads and BMP locations. Tracts may be combined
provided however, that those tracts with specific use
limitations (i.e., alcohol sales and fast food uses)
shall not be combined with other tracts which do not
permit those uses. Those tracts with specific use
limitations may be increased or decreased in size by a
maximum of ten (10) percent. (P)
Commercial and Office Tracts~
Architecture.
ao
Ail buildings shall be compatible in architectural
style, colors and materials to the building
approved on Tax ID 725-672-9524 and 8118 (commonly
known as Walgreens) and as further delineated
below. At the time of site plan review, the
Planning Commission may modify these requirements
provided that the alternative materials, roof
line(s), and colors accomplish the intent of the
condition. (P)
(1)
The primary building material shall be brick,
not to exceed a size of four (4) inches by
four (4) inches by twelve (12) inches. The
brick shall be integrally colored. The primary
color(s) of each building shall be earthtones,
such as browns and tans, substantially similar
to those on Tax ID 734-678-9416, 734-677-4677,
735-677-4379 and 8835 (commonly known as the
Commonwealth Center Phase 1). No exposed
concrete masonry units (CMU) shall be
permitted. Mortar shall be similar in color
to the brick color. Any accent colors shall
be the same or substantially similar to those
used on Tax ID 725-672- 9524 and 8118
(commonly known as Walgreens) to create a tone
on tone effect. Should glass be a predominant
construction material, other than typical
window treatments and doors in all or part of
a building, it shall be tinted, similar to
that utilized in the building located on Tax
ID 728-673-4668 (First Virginia Bank). (P)
(2)
Ail visible rooflines shall be similar to the
pitch of the roofline used on Tax ID 744-697-
4324 (Shops at Lucks Lane), except for roof
lines on Tract A which shall have no less a
pitch than the roofline used on Tax ID 744-
697-4324 (Shops at Lucks Lane) and no greater
than the roofline used on Tax ID 732-707-4947
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02/26/03
bo
C o
(commonly known as Walgreen's at Midlothian
Turnpike and Temie Lee Parkway). Ail visible
roofs shall be standing seam metal and shall
be generally the same shade of gray in color.
(p)
Loading Areas and Building Treatment Along Temie
Lee Parkway. Ail buildings located on tracts
adjacent to Temie Lee Parkway shall not have
loading areas located between the building and
Temie Lee Parkway. Further, all sides of any such
buildings shall employ the same architectural
treatment, color and materials. At the time of
site plan review, the Planning Commission may
modify these requirements provided that the
location and design of the loading areas do not
adversely affect adjacent properties or views from
roads and that alternative architectural
treatment(s), color(s) and material(s) accomplish
the intent of the condition. (P)
Drive-in Windows and Gasoline Canopies. With the
exception of a convenience store with gasoline
sales in Tract A, drive-thru or gasoline canopies
shall be architecturally incorporated into the
building which they serve. Drive-in window(s)
shall not be located between any building and Hull
Street Road or Temie Lee Parkway unless such
window(s) are architecturally incorporated into the
building with a wall constructed of the same
materials as the building and similar in design to
the drive-in window located on Tax ID 732-707-0188
(McDonald's at Midlothian). At the time of site
plan review, the Planning Commission may modify
this condition if it is determined that an
alternative design accomplishes the spirit and
intent of the requirements specified herein. (P)
Parking and Drives Setbacks.
Ail parking and driveways shall be located no
closer to Route 360 or Temie Lee Parkway than the
building which it serves unless measures such as
landscaping, grading or other design features are
employed to minimize the visibility of parking
areas from such roads. If landscape measures are
employed, at a minimum, they shall consist of
evergreen shrubs of at least two (2) feet in height
at the time of planting and spaced to create a
continuous hedgerow at maturity. Such hedgerow
shall be installed between the roads (Temie Lee
Parkway and Route 360) and the parking areas,
planted adjacent to those parking areas. These
shrubs shall be in addition to required perimeter
landscaping requirements outlined in Condition
B.2.b. (P)
With the exception of Tract A, the minimum fifty
(50) foot setback requirement of the Zoning
Ordinance from Route 360 shall be measured from the
ultimate right of way of Route 360. Specifically,
the reductions outlined in Section 19-505(e) shall
not be permitted, except in Tract A. The required
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02/26/03
landscaping within this setback shall be 2.0 times
Perimeter Landscaping C, as defined in the Zoning
Ordinance. (P)
Lighting. With the exception of lighting for any
convenience store with gasoline sales on Tract A, in
commercially-zoned tracts, freestanding parking lot
lights shall not exceed twenty (20) feet in height,
shall have a shoebox design consistent within the
commercial tracts and shall produce lumens consistent
with any freestanding lights located on Tax ID 725-672-
9524 and 8118 (commonly known as Walgreens). In the
office-zoned tracts, freestanding parking lot lights
shall not exceed twelve (12) feet in height, shall have
a shoebox design that is consistent within the office
tracts and shall be sodium vapor unless, at the time of
site plan review, the Planning Commission approves an
alternative to the sodium vapor lighting which will not
adversely affect adjacent properties. (P)
Street Trees. Along Temie Lee Parkway, street trees
shall be planted. Such trees shall be large deciduous
trees, as defined in the Zoning Ordinance, and shall be
of the same species. The trees shall be planted between
the road and the sidewalk, spaced uniformly, and there
shall be one tree planted every forty (40) lineal feet.
This requirement is in addition to perimeter landscaping
requirements of the Zoning Ordinance. (P)
Buffer. A fifty (50) foot buffer, inclusive of the
twenty-five (25) foot dedication referenced in Proffered
Condition A.5 and encroachment of the SWM/BMP shown on
the Master Plan, shall be provided adjacent to Tax ID
726-673-1225 (Clover Hill High School). The exact
treatment of this buffer shall be determined by the
Planning Commission at the time of site plan review and
approval for any development affected by the location of
this buffer. (P)
Waivers. Development shall conform to Zoning Ordinance
requirements for office and commercial districts located
in Emerging Growth District Areas with the exception of
setbacks along Temie Lee Parkway which may be reduced as
necessitated to either accommodate the new alignment and
associated improvements along Temie Lee Parkway or to
permit the construction of patios for outdoor caf~ use.
The exact amount of such setback reduction shall be
determined by the Planning Commission at the time of
site plan review. To the extent permitted by the County
Code and the Code of Virginia, no variance or
development standards waivers shall alter this
requirement. (P)
Extension of Temie Lee Parkway and St. Elizabeth Drive·
Building permits for more than 50,000 gross square feet
shall not be issued until Temie Lee Parkway and St.
Elizabeth Drive Extended are constructed to accommodate
traffic movements between Southshore Drive through the
Property to Hull Street Road. (P)
Utilities.
be used.
The public water and wastewater system shall
03-126
02/26/03
o
o
Co~m~Lercial Tracts
Building and Individual Business Size.
Individual buildings shall not exceed 15,500 gross
square feet unless such building is designed to
incorporate a variety of off-sets, other
architectural variations or other features so as to
avoid monotonous facades and bulky masses. (P)
bo
Individual businesses shall not exceed 15,500 gross
square feet. (P)
Building Height. Buildings shall be limited to a height
of two (2) stories or thirty (30) feet, whichever is
less. (P)
Phasing of Commercial Development. Prior to the
issuance of any certificate of occupancy for any
Convenience Business (C-l), Neighborhood Business (C-2)
or fast food uses in excess of a cumulative total of
50,000 gross square feet, at a minimum, temporary
certificates of occupancy shall have been granted on
both Tracts J and K. (P)
Hours. Except for a convenience store on Tract A and
restaurants, no use shall be open to the public between
the hours of 10:00 p.m. and 7:00 a.m. No restaurant use
shall be open to the public between the hours of 11:00
p.m. and 6:00 a.m. Sunday through Thursday 12:00
midnight and 6:00 a.m. on Fridays and Saturdays, except
that any restaurant on Tract C shall not be open to the
public between the hours of 11:00 p.m. and 6:00 a.m.
Any convenience store located on Tract A may be open 24
hours a day to the public.
so
Use Prohibitions. The following uses shall not be
permitted east of Temie Lee Parkway:
(1) Alcohol sales, except that alcohol sales shall
be permitted on Tract E.
(2) Gasoline sales.
Use Limitations: Tract C shall be limited to the
uses permitted by right or with restrictions in the
Convenience Business (C-I) District. (P)
Fast Food Restaurant. Any fast food restaurant shall be
located on Tract B. (P)
Freestanding Signs. Ail freestanding signs shall be of
a monument style. The shape of these signs faces shall
not be a uniform rectangle or square, but rather shall
have a shape similar to the sign faces for the
outparcels located within Harbour Pointe Shopping
Center. The base/structure of each sign shall be
constructed of the same materials and colors as the
building which it advertises. (P)
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02/26/03
D. Office Tracts~
1. Building Height·
Within Tract K, buildings shall be limited to a
height of one (1) story, or twenty-four (24) feet,
whichever is less, if located within 100 feet of
any residential district, excluding Tax ID 726-673-
1225 (Clover Hill High School). Ail other
buildings in this tract shall be limited to a
height of two (2) stories or thirty (30) feet,
whichever is less. (P)
Within Tract J, buildings shall be limited to a
height of one (1) story, or twenty-four (24) feet,
whichever is less, unless modified by the Planning
Commission at the time of site plan review, based
upon a determination that an increased height will
not adversely affect area residential properties.
In no case shall the height of buildings within
this tract exceed two (2) stories or thirty (30)
feet, whichever is less. (P)
o
Building Mounted Lighting. There shall be no exterior
building mounted lighting within 100 feet of any
residentially zoned property excluding Tax ID 726-673-
1225 (Clover Hill High School). (P)
E. Agricultur&l Tr&ct~
Uses· Single family residential uses shall not be
permitted.
CONDITIONS: DANKOS PROPERTY
Master Plan. The Plan prepared by Balzer and
Associates, last revised 5/31/02, shall be considered
the Master Plan with respect to general location of
roads and access. (This condition supersedes Condition
1 of Case 83S0182 for the request property only.)
The following uses shall not be permitted:
ao
mobile home in conjunction with a business
group care facilities
cocktail lounges, dining halls, and night clubs
rescue squad and fire station
automobile service station, exclusive of
repair
boarding kennels
auto
Further, the following uses shall be permitted with the
stated restrictions:
a. Hotels, motels or inns provided such uses are
located within 300 feet of Hull Street Road;
b. Convenience store with gasoline sales provided such
uses are located within 300 feet of Hull Street
Road and Temie Lee Parkway. (P)
(NOTE: This condition modifies Condition 2 of Case 83S182
for the request property only.) (P)
03-128
02/26/03
3. Architecture.
so
Ail buildings shall be compatible in architectural
style, colors and materials to the building
approved on Tax ID 725-672- 9524 and 8118 (commonly
known as Walgreen's) and further delineated below.
At the time of site plan review, the Planning
Commission may modify these requirements provided
that the alternative materials, roof line(s), and
colors accomplish the intent of the condition.
(1) The primary building materials shall be brick,
not to exceed a size of four (4) inches by
four (4) inches by twelve (12) inches. The
brick shall be integrally colored. The primary
color(s) of each building shall be earth
tones, such as browns and tans, substantially
similar to those on Tax ID 734-678-9416, 734-
677-4677, 735-677-4379 and 8835 (commonly
known as the Commonwealth Center Phase 1). No
exposed concrete masonry units (CMU) shall be
permitted. Mortar shall be similar in color to
the brick color. Any accent colors shall be
the same or substantially similar to those
used on Tax ID 725-672-9524 and 8118 (commonly
known as Walgreen's) to create a tone on tone
effect. Should glass be a predominant
construction material, other than typical
window treatments and doors in all or part of
a building, it shall be tinted, similar to
that utilized in the building located on Tax
ID 728-673-4668. (First Va. Bank)
(2)
Ail visible rooflines shall be no less a pitch
than the roofline used on Tax ID 744-697-4324
(Shops at Lucks Lane) and no greater than the
roof line used on Tax ID 732-707-4947(commonly
known as Walgreen's at Midlothian Turnpike and
Woolridge Rd). All visible roofs shall be
standing seam metal and shall be generally the
same shade of gray in color.
b. Drive-in Windows and Gasoline Canopies.
With the exception of a convenience store with a
free standing canopy over gas pumps, all canopies
shall be architecturally incorporated into the
buildings which they serve. With the exception of a
bank or savings and loan institution, drive-in
window(s) shall not be located between any building
and Hull Street Road or Temie Lee Parkway unless
such window(s) are architecturally incorporated
into the building with a wall constructed of the
same materials as the building and similar in
design to the drive-in window located on Tax ID
732-707-0188 (McDonald's at Midlothian). At the
time of site plan review, the Planning Commission
may modify this condition if it is determined that
an alternative design accomplishes the spirit and
intent of the requirements specified herein. (P)
(This condition supersedes Condition 3 of Case 83S182
for the request property only.)
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02/26/03
Parking and Drives Setbacks.
so
Ail parking and driveways shall be located no
closer to Route 360 or Temie Lee Parkway than the
building which it serves unless measures such as
landscaping, grading or other design features are
employed to minimize the visibility of parking
areas from such roads. If landscape measures are
employed, at a minimum they shall consist of
evergreen shrubs of at least two (2) feet in height
at the time of planting and spaced to create a
continuous hedgerow at maturity. Such hedgerow
shall be installed between the roads (Temie Lee
Parkway and Route 360) and the parking areas,
planted adjacent to those parking areas. These
shrubs shall be in addition to required perimeter
landscaping which shall be 2.0 times Perimeter
Landscaping C, as defined in the Zoning Ordinance.
bo
The minimum fifty (50) foot setback requirement of
the Zoning Ordinance from Route 360 shall be
measured from the ultimate right of way of Route
360. Specifically, the reductions permitted in
Section 19-505(e) shall not be permitted with the
exception of a convenience store with gasoline
sales. The required landscaping within this setback
shall be 2.0 times Perimeter Landscaping C, as
defined in the Zoning Ordinance.
(This condition supersedes Condition 4 of Case 83S182
for the request property only.)
o
Freestanding Signs - Ail freestanding signs shall be of
a monument style. The shape of these sign faces shall
not be a uniform rectangle or square, but rather shall
have a shape similar to the sign faces for the out
parcels located within Harbour Pointe Shopping Center.
The base/structure of each sign shall be constructed in
the same materials and colors as the building which it
advertises.
(This condition supersedes Condition 5 of Case 83S182
for the request property only.)
o
Access to Route 360 -- Direct access from the property
to Route 360 shall be limited to one (1) entrance/exit,
as generally shown on the Master Plan. The exact
location of this access shall be approved by the
Transportation Department.
(This condition supersedes Condition 9 of Case 83S182
for the request property only.)
(NOTE: Ail previous conditions of Case 83S182 shall remain
in effect, except as amended herein.)
And, further,
conditions:
the Board accepted the following proffered
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02/26/03
PROFFERED CONDITIONS: DANKOS PROPERTY
1. Special Access Street.
Prior to any site plan approval or within sixty (60)
days from a written request by the County, whichever
occurs first, a fifty (50) foot wide right-of-way for a
special access street (the ~Special Access Street")
shall be dedicated, free and unrestricted, to and for
the benefit of Chesterfield County from Southshore Drive
to the eastern property line as generally shown on the
Master Plan. The exact location of this right-of-way
shall be approved by the Transportation Department. At
time of site plan review, the Transportation Department
may modify this condition to allow an access easement,
acceptable to the Transportation Department, to be
recorded in lieu of dedicating the right-of-way for the
Special Access Street. (T)
Road Improvements. To provide an adequate roadway
system, the Developer shall be responsible for the
following:
C o
do
Construction of an addition lane of pavement along
the westbound lanes of Route 360 for the entire
property frontage;
Construction of additional pavement along the
westbound lanes of Route 360 at the approved access
to provide a separate right-turn lane;
Construction of two (2) lanes of the Special Access
Street from Temie Lee Parkway to Southshore Drive;
and
Dedication to and for the benefit of Chesterfield
County, free and unrestricted, of any additional
right-of-way (or easements) required for the
improvement identified above. (T)
o
Road Improvement Phasing. Prior to any site plan
approval, a phasing plan for required road improvements,
as identified in Proffered Condition 2, shall be
submitted to and approved by the Transportation
Department. The approved phasing plan shall require the
construction of the Special Access Street, as identified
in Proffered Condition 2.(c.) in conjunction with the
initial development on the property. (T)
Uses permitted to operate 24 hours per day shall be
limited to the following:
so
Convenience stores with or without gasoline sales
Hotels, motels or inns provided they are located
within 300 feet of Rt. 360.
Medical Office
Banks, savings & loan associations, and/or
automatic teller machines
Veterinary hospitals or Clinics (P)
Ayes: Warren, McHale, Barber and Humphrey.
Nays: Miller.
03-131
02/26/03
03SN0155
In Clover Hill Magisterial District, TRIAD INVESTMENTS LLC
requests rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12). Residential use of
up to 3.63 units per acre is permitted in a Residential (R-
12) District. The Comprehensive Plan suggests the property
is appropriate for medium density residential use of 1.51 to
4.0 units per acre. This request lies on 9.3 acres fronting
approximately 800 feet on the west line of Twilight Lane,
approximately 250 feet south of Debbs Lane. Tax ID 757-697-
6279 (Sheets 7 and 11).
Mr. Jacobson presented a summary of Case 03SN0155 and stated
that the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. He further stated
that the request conforms to the Northern Area Plan.
Mr. Andy Scherzer, representing the applicant, stated that
the recommendation is acceptable.
Mr. Warren called for the public hearing.
No one came forward to speak to the request.
Mr. Warren made a motion, seconded by Mr. Miller, for the
Board to approve Case 03SN0155 and accept the proffered
conditions.
Mr. Barber noted that the number of zoned lots is not so much
an issue as the rate of absorption and other factors such as
the economy and interest rate. He further stated that he
feels it is wise to work zoning cases so that the ultimate
application fits the plan and addresses the county's needs.
Mr. Warren called for a vote on his motion, seconded by Mr.
Miller, for the Board to approve Case 03SN0155 and accept the
following proffered conditions:
1. Public water and wastewater shall be used. (U)
o
The applicant, subdivider, or assignee(s) shall pay the
following, for infrastructure improvements within the
service district for the property, to the county of
Chesterfield prior to the issuance of building permit:
o
ao
C o
$9,000.00 per dwelling unit, if paid prior to July
1, 2003; or
The amount approved by the Board of Supervisors not
to exceed $9,000.00 per dwelling unit adjusted
upward by any increase in the Marshall and Swift
building cost index between July 1, 2002, and July
1 of the fiscal year in which the payment is made
if paid after June 30, 2003.
In the event the cash payment is not used for which
proffered within 15 years of receipt, the cash
shall be returned in full to the payor. (B&M)
Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices installed. (EE)
03-132
02/26/03
Ail dwelling units shall have a minimum gross floor area
of 1800 square feet. (P)
Ail exposed portions of the foundation of each dwelling
unit shall be faced with brick or stone veneer. Exposed
piers supporting front porches shall be faced with brick
or stone veneer. (P)
A fifteen (15) foot tree preservation strip, exclusive
of required yards, shall be maintained along the
northern property line adjacent to GPIN 757-698-9176.
Utility easements shall be permitted to cross this strip
in a perpendicular fashion. Any healthy trees that are
six (6) inches in caliper or greater shall be retained
within this tree preservation strip except where removal
is necessary to accommodate the improvements permitted
by the preceding sentence. This condition shall not
preclude the removal of vegetation from the tree
preservation strip that is unhealthy, dying or diseased.
(p)
Any open basins required for water quantity or quality
control shall be designed as wet ponds and shall be
landscaped or otherwise improved so that the facilities
become visual enhancements to, and amenities for, the
uses developed on the Property. The landscaping plan
for such ponds shall include landscaping adjacent to the
ponds. At the time of tentative subdivision submission,
plans depicting these requirements shall be submitted to
the Planning and Environmental Engineering Departments
for review and approval. (EE)
o
No clearing east of the existing gravel road, within the
existing Twilight Lane right of way, shall be permitted
in conjunction with the development of the subject
property. The location of the existing gravel road is
identified on the "Zoning Exhibit", prepared by Balzer &
Associates Inc. and dated January 13, 2003.
Furthermore, prior to recordation of any subdivision
plat, a single row of evergreen trees (Bayberry or
similar species subject to Planning Department approval)
three (3) to four (4) feet in height shall be planted,
approximately ten (10) feet on center, along the rear
property lines of Tax ID's 757-697-8988 and 9297 for
that length necessary to minimize the impact of the
Twilight Lane improvements. The exact location of such
landscaping shall be approved by the Planning
Department. (P)
(Staff Note: Once the required landscaping is
installed, this condition shall be satisfied. Failure
of the individual property owners of the referenced lots
to maintain the landscaping shall not be considered a
violation of this condition.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03SN0158
In Matoaca Magisterial District, STOCKTON MEMORIAL BAPTIST
CHURCH requests Conditional Use and amendment of zoning
district map to permit a private school and daycare in a
03-133
02/26/03
Residential (R-15) District. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for residential use of 1.0 to 2.5 units per acre.
This request lies on 9.8 acres and is known as 5100 and 5120
Claypoint Road. Tax ID 741-676-6101-00001 and 00002 (Sheet
16).
Mr. Jacobson presented a summary of Case 03SN0158 and stated
that the Planning Commission and staff recommend approval
subject to conditions and acceptance of the proffered
condition.
Ms. Sheila Jefferson, representing the applicant, stated that
the recommendation is acceptable.
Mr. Warren called for the public hearing.
No one came forward to speak to the request.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved Case 03SN0158 subject to the following conditions:
Except where the requirements of the underlying
Residential (R-15) zoning are more restrictive, any new
development for school or child care use shall conform
to the requirements of the Zoning Ordinance for
commercial uses in Emerging Growth Areas, excluding
buffer requirements. (P)
o
The following setback criteria shall apply to any
outdoor play fields, courts, swimming pools and similar
active recreational areas:
so
With the exception of playground areas which
accommodate swings, jungle qyms or similar such
facilities, all active play fields, courts or
similar active recreational facilities which could
accommodate organized sports such as football,
soccer, basketball, etc., shall be located a
minimum of 100 feet from adjacent R District
properties to the east and south (Swift Creek
Crossing Subdivision). Within this setback,
existing vegetation shall be supplemented, where
necessary, with landscaping or other devices
designed to achieve the buffering standards
contained in Section 19-522(a) (2) of the Zoning
Ordinance.
bo
If new outdoor play fields, courts, swimming pools
and similar active recreational areas are set back
more than 100 feet from adjacent R District
properties to the east and south (Swift Creek
Crossing Subdivision), the landscaping or other
design features described in Condition 2.a. may be
modified by the Planning Department at the time of
site plan review. Such modification shall
accomplish a mitigation of the visual and noise
impacts that sports or related activities have on
adjacent properties equivalent to the 100 foot
setback/landscaping requirements described in
Condition 2.a.
C ·
Any playground areas shall be setback a minimum of
forty (40) feet from all property lines. (P)
03-134
02/26/03
Any child care center shall be conducted in association
with church or other places of worship use on the
property. (P)
And, further,
condition:
the Board accepted the following proffered
Prior to enrollment of more than a cumulative total of forty-
five (45) day care and school students, additional pavement
shall be constructed along Claypoint Road at the existing
access to provide a right turn lane. The developer shall
dedicate to and for the benefit of Chesterfield County, free
and unrestricted, any additional right of way (or easements)
required for this road improvement. (T)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03SN0190
In Dale Magisterial District, BONNIE E. PRIDGEN requests
Conditional Use and amendment of zoning district map to
permit a family daycare home in a Residential (R-7) District.
The density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for residential use of 1
to 2.5 units per acre. This request lies on 0.5 acre and is
known as 9709 Bearbox Court. Tax ID 783-667-0335 (Sheet
18) .
Mr. Jacobson presented a summary of Case 03SN0190 and stated
that the Planning Commission and staff recommend approval
subject to conditions.
Ms. Bonnie Pridgen stated that the
acceptable.
Mr. Warren called for the public hearing.
recommendation is
No one came forward to speak to the request.
On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board
approved Case 03SN0190 subject to the following conditions:
This Conditional Use shall be granted to and for Bonnie
E. Pridgen exclusively, and shall not be transferable
nor run with the land. (P)
There shall be no exterior additions or alterations to
the existing structure to accommodate this use. (P)
o
There shall be no signs permitted to identify this use.
(P)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03SN0191
In Matoaca Magisterial District, DOUGLAS R. SOWERS requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12). Residential use of
up to 3.63 units per acre is permitted in a Residential (R-
12) District. The Comprehensive Plan suggests the property
03-135
02/26/03
is appropriate for single family residential use of 2 units
per acre or less. This request lies on 33.5 acres fronting
approximately 850 feet on the west line of 0tterdale Road,
approximately 5,000 feet north of Genito Road. Tax ID 714-
692-7432 (Sheet 9).
Mr. Jacobson presented a summary of Case 03SN0191 and stated
that the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. He noted that the
request conforms to the UDDer Swift Creek Plan.
Mr. Oliver Rudy, representing the applicant, stated that the
recommendation is acceptable.
Mr. Warren called for the public hearing.
Ms. Eve Wickizer requested that the Board deny the request
because she feels the proposed development will destroy the
ambiance of 0tterdale Road and could impact the Swift Creek
Watershed and the wells of area residents.
Dr. Boyd Wickizer expressed concerns that the proposed
development would contribute to the problems discussed
earlier regarding the Swift Creek Reservoir and requested
that the Board also consider deferring this request,
indicating that he would like to see this area preserved.
There being no one else to speak to the request, the public
hearing was closed.
Mrs. Humphrey stated that the subject property is in the
Midlothian High School zone that can handle additional
students.
Mr. Rudy stated that the request conforms to the UDDer Swift
Creek Plan; the developer has made all of the proffered
conditions required by staff including a full cash proffer on
every lot; and will extend utilities to another part of the
county.
Mrs. Humphrey stated that, until now, she has not heard any
opposition to the proposed development. She suggested that
concerns be expressed as early as possible in the process.
Mr. Rudy stated that adjoining residents were notified; a
meeting was held relative to the proposed development; and
the residents who attended supported the project.
Mrs. Humphrey reiterated that the request conforms to the
UpDCr Swift Creek Plan and the subject property is not
located within the two most crowded high school districts.
Mrs. Humphrey then made a motion, seconded by Mr. Warren, for
the Board to approve Case 03SN0191 and accept the proffered
conditions.
Mr. Barber requested that, whenever there is a zoning case in
another district with children earmarked for schools in the
Midlothian District, he would like to be notified of the
community meetings.
Discussion ensued relative to satteliting students from
proposed developments for schools other than those earmarked
for the location of the proposed development.
Ms. Cynthia Owens-Bailey, Director of Planning for
Chesterfield County Public Schools came forward and stated
the location of the proposed development was always in the
Watkins Elementary, Midlothian Middle and Midlothian High
School districts.
03-136
02/26/03
Mr. Barber requested that he be advised when satteliting of
this type is recommended by staff so that he can be more
directly involved in the community meeting process. He
further stated that staff cannot legally deny the request
because it conforms to the land use plan and the developer
has proffered all conditions requested by staff. He stressed
the importance of residents attending community meetings
prior to the actual public hearing on a zoning request.
Mr. Warren called for a vote on the motion of Mrs. Humphrey,
seconded by Mr. Warren, for the Board to approve Case
03SN0191 and accept the following proffered conditions:
The Owners-Applicants in this zoning case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended)
and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the
development of the property known as Chesterfield County Tax
ID 714- 692-7432-00000 (the ~Property") under consideration
will be developed according to the following conditions if,
and only if, the rezoning request for R-12 is granted. In
the event the request is denied or approved with conditions
not agreed to by the Owners-Applicants, these proffers and
conditions shall be immediately null and void and of no
further force or effect.
Timbering. Except for the timbering approved by the
Virginia State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance
permit has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. (EE)
The public water and wastewater systems shall be used.
The applicant, subdivider, or assignee(s) shall pay the
following to the County of Chesterfield prior to the
issuance of each building permit for infrastructure
improvements within the service district for the
property:
$9,000.00 per dwelling unit, if paid prior to July
1, 2003; or
The amount approved by the Board of Supervisors not
to exceed $9,000.00 per dwelling unit adjusted
upward by any increase in the Marshall Swift
building cost index between July 1, 2002, and July
1 of the fiscal year in which the payment is made
if paid after June 30, 2003.
In the event the cash payment is not used for uses
for which proffered within 15 years of receipt, the
cash shall be returned fully to the payor. (B & M)
Density. The total number of single family residential
units shall not exceed two (2) single family residential
units per acre. (P)
o
In conjunction with recordation of the initial
subdivision plat, forty-five (45) feet of right-of-way
along the west side of Otterdale Road, measured from the
centerline of that part of Otterdale Road immediately
03-137
02/26/03
adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
o
Direct access to Otterdale Road shall be limited to one
(1) public road. The exact location of this access
shall be approved by the Transportation Department. (T)
o
To provide an adequate roadway system, the developer
shall be responsible for the following improvements:
ao
Construction of additional pavement along Otterdale
Road at the approved access to provided left and
right turn lanes, if warranted, based on
Transportation Department standards.
bo
Widening/improving the west side of Otterdale Road
to an eleven (11) foot wide travel lane, measured
from the centerline of the road, with an additional
one (1) foot wide paved shoulder plus a seven (7)
foot wide unpaved shoulder, with modifications
approved by the Transportation Department, for the
entire property frontage.
C o
Dedication to and for the benefit of Chesterfield
County, free and unrestricted, of any additional
right-of-way (or easements) required for the
improvements identified above. (T)
Prior to any construction plan approval, a phasing plan
for the required road improvements, as identified in
Proffered Condition 7, shall be submitted to and
approved by the Transportation Department. (T)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03SN0192
In Dale Magisterial District, BALZER & ASSOC. INC. requests
amendment to zoning (Case 97SN0269) and amendment of zoning
district map relative to a tree preservation strip. The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for residential use of 1
to 2.5 units per acre. This request lies in a Residential
(R-9) District on 0.3 acre and is known as 9654 Lockberry
Ridge Loop. Tax ID 779-665-6491 (Sheet 26).
Mr. Jacobson presented a summary of Case 03SN0192 and stated
that the Planning Commission recommended approval and
acceptance of the proffered condition.
Mr. Andy Scherzer, representing the applicant, stated that
the Planning Commission's recommendation is acceptable.
Mr. Warren called for the public hearing.
No one came forward to speak to the request.
On motion of Mr. Miller, seconded by Mr. McHale, the Board
approved Case 03SN0192 and accepted the following proffered
condition:
03-138
02/26/03
A twenty-two (22) foot tree preservation strip shall be
maintained along the southern property line adjacent to the
existing residential lots within Salem Woods, Section ~E".
All trees eight (8) inches in caliper or greater shall be
retained except that dead, diseased or dying trees eight (8)
inches or greater in caliper may be removed. This tree
preservation area shall be exclusive of easements. For lots
adjacent to existing residential lots within Salem Woods,
Section "E#, a minimum rear yard setback of 25 feet (R-12
standard) shall be provided exclusive of the tree
preservation strip. (P)
(Staff Note: This proffered condition supersedes Proffered
Condition 15 of Case 97SN0269 for the request property only.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03SN0193
In Dale Magisterial District, ECOPOWER L.L.C. requests
rezoning and amendment of zoning district map from General
Business (C-5) to Agricultural (A) of 19.4 acres with
Conditional Use to permit General Business (C-5) uses and a
power generation facility on this property and an adjacent
7.9 acre tract currently zoned Agricultural (A). The density
of such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for general industrial use. This
request lies in Agricultural (A) and General Business (C-5)
Districts on a total of 27.3 acres fronting approximately 90
feet on the west line of Iron Bridge Road, approximately 700
feet south of Ironbridge Parkway. Tax ID 773-648-Part of
0618 (Sheet 25).
Mr. Jacobson presented a summary of Case 03SN0193 and stated
that the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. He noted that the
request conforms to the Central Area Plan.
Mr. Brennen Keane, representing the applicant, stated that
the recoK~cLendation is acceptable.
When asked, Mr. Keane stated that a noise study was conducted
and area residents will not be impacted by the proposed
facility.
Discussion ensued relative to zoning use differences for on-
site and off-site generation of power.
Mr. Warren called for the public hearing.
No one came forward to speak to the request.
On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board
approved Case 03SN0193 and accepted the following proffered
conditions:
The Owner and the Applicant (the ~Applicant") in this zoning
case, pursuant to Section 15.2-2298 of the Code of Virginia
(1950 as amended) and the Zoning Ordinance of Chesterfield
County, for themselves and their successors or assigns,
proffer that the development of the 27.31 parcel (the
~Property") that is a part of the property known as GPIN
County GPIN/Tax Identification Number 773-648-0618 (Part of)
under consideration will be developed according to the
03-139
02/26/03
following conditions if, and only if, the rezoning from C-5
to A and the requested conditional use permits are granted.
In the event the request is denied or approved with
conditions not agreed to by the Applicant, the proffers and
conditions shall immediately be null and void and of no
further force or effect.
The plan entitled ~Preliminary Sketch Plan: EcoPower,
L.L.C. Project, Quarry Road, Chesterfield County,
Virginia" dated November 7, 2002 and prepared by
Resource International, LTD. (the ~Plan") shall govern
the location of uses permitted under the conditional use
permits applicable to this request. (P)
Ail of the Property (Tract 1 plus Tract 2, as shown on
the Plan) shall be permitted to be used for the
construction, maintenance and operation of a power
generation facility (the Facility). In addition, Tract
1 (and only Tract 1) may be used for any uses permitted
by right or with restrictions in the C-5 zoning
district. (P)
o
Any C-5 use developed on Tract 1 shall be subject to the
~Emerging Growth Area" development standards required in
sections 19-591 to 19-598 of the Chesterfield County
Code. (P)
o
Public water and wastewater systems shall used in
conjunction with the Facility and the C-5 uses permitted
on the Property. (U)
o
Views of the Facility shall be minimized from public
rights of way. At the time of site plan review, the
Applicant shall submit a plan to the Planning Department
showing how views of the Facility are to be minimized
from public rights of way (the "View Minimization
Plan"). The View Minimization Plan shall identify
different methods of minimizing views, including, but
not limited to, preservation of existing vegetation on
the Property, the installation of berms, and/or
additional plantings, as approved by the Planning
Department. In addition, buildings or other structures
in existence at the time the View Minimization Plan is
submitted may be used as part of such plan for
minimizing views of the Facility. Any method approved
as part of the View Minimization Plan may be later
deleted or altered at the time of construction of a
structure or structures on GPIN 773-648-0618 (which
includes the Property), if such structure or structures
continue to minimize views of the Facility from public
rights of way, as determined by the Planning Department.
(p)
With the exception of timbering which has been approved
by the Virginia State Department of Forestry for the
purpose of removing dead or diseased trees, there shall
be no timbering on the Property until a land disturbance
permit has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. (EE)
Prior to any final site plan approval for the Facility
or for any C-5 use permitted on the Property, one
03-140
02/26/03
hundred (100) feet of right-of-way on the west side of
Iron Bridge Road (Route 10), as measured from the
centerline of that part of Route 10 immediately adjacent
to the Property where the Property fronts on Route 10,
shall be dedicated, free and unrestricted, to and for
the benefit of Chesterfield County. (T)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03SN0199
In Matoaca Magisterial District, CHESTERFIELD COUNTY BOARD OF
SUPERVISORS requests amendment to Conditional Use Planned
Development (Case 88S003) and amendment to zoning district
map relative to signage and exceptions to Ordinance
requirements. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
single family residential use of 2 units per acre or less.
This request lies in a Residential (R-9) District on 182.3
acres fronting in three (3) places for a total of
approximately 1,500 feet on the east line of Winterpock Road
at Bethia Road, also fronting in two (2) places for a total
of approximately 1,100 feet on the west line of North Spring
Run Road approximately 450 feet north of Buck Rub Drive. Tax
ID 725-665-7515 (Sheets 15 and 23).
Mr. Jacobson presented a summary of Case 03SN0199 and stated
that the Planning Commission and staff recommend approval
subject to conditions.
Mr. Kirk Turner was present representing the applicant.
Mr. Wayne Bass, representing Birkdale Homeowners Association,
stated that the proposed signs will enhance the Birkdale
community, and expressed appreciation to the Board for
allowing Mr. Turner to work with the residents on this
request.
Mr. Warren called for the public hearing.
No one came forward to speak to the request.
Mrs. Humphrey made a motion, seconded by Mr. Warren, for the
Board to approve Case 03SN0199 subject to conditions.
Mr. Miller expressed concerns relative to the county paying
zoning application fees on behalf of others.
Mrs. Humphrey stated that Birkdale has agreed to provide
county public service messages, when applicable, on the
proposed signs.
Mr. Warren called for a vote on the motion of Mrs. Humphrey,
seconded by Mr. Warren, for the Board to approve Case
03SN0199 subject to the following conditions:
A maximum of two (2) signs that advertise community
events for the Birkdale development shall be permitted
to contain a maximum of twenty-five (25) square feet in
area and a maximum of eight {8) feet in height. Such
03-14,1
02/26/03
signs may incorporate up to 100 percent changeable copy.
(P)
The location of the signs identified in Condition 1
shall be in the vicinity of the intersection of Royal
Birkdale Parkway and Royal Birkdale Drive and the
intersection of Royal Birkdale Boulevard and Royal
Birkdale Drive. (P)
o
In conjunction with the approval of this request,
Textual Statement Item 12, General Conditions, Case
88S003, shall be deleted. (P)
(NOTE: With the exception of Textual Statement Item 12,
General Conditions, all previous conditions of Case 88S003
shall remain in effect for the subject property.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03SN0175
In Dale Magisterial District, DONNA ASKEW HOWARD requests
Conditional Use and amendment of zoning district map to
permit a family daycare home in a Residential (R-12)
District. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
residential use of 1 to 2.5 units per acre. This request
lies on 0.4 acre and is known as 4318 Jacobs Bend Terrace.
Tax ID 758-685-1030 (Sheet 11).
Mr. Jacobson stated that Mr. Miller has requested a deferral
of Case 03SN0175 until April 23, 2003.
Mr. Warren stated that the applicant who expressed concerns
earlier this evening has now agreed to the deferral.
Mr. Warren then called for the public hearing.
No one came forward to speak to the deferral.
On motion of Mr. Miller, seconded by Mr. Barber, the Board
deferred Case 03SN0175 until April 23, 2003.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
16. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
Mr. Miller and Mrs. Humphrey excused themselves from the
meeting.
03-1,&2
02/26/03
17.
0
PUBLIC HEARINGS
TO CONSIDER THE APPROVAL OF A GROUND LEASE IN CONNECTION
WITH CERTIFICATES OF PARTICIPATION FINANCING FOR THE
COUNTY JAIL REPLACEMENT PROJECT, ANDAPPROVAL OF
RESOLUTION TO AUTHORIZE ENTERING INTO A GROUND LEASE,
AND OTHER ACTIONS RELATED TO CERTIFICATES OF
PARTICIPATION FINANCING FOR THE COUNTY JAIL REPLACEMENT
PROJECT AND EXPANSION/RENOVATION OF THE JUVENILE
DETENTION HOME
Ms. Dickson stated that this date and time has been
advertised for a public hearing to consider the approval of a
ground lease in connection with Certificates of Participation
financing for the County Jail Replacement Project, and
approval of a resolution authorizing the Board to enter into
the ground lease.
Mr. Warren called for the public hearing.
No one came forward to speak to the request.
On motion of Mr. Barber, seconded by Mr. McHale, the Board
approved a ground lease in connection with Certificates of
Participation Financing for the County Jail Replacement
Project.
And, further, the Board adopted the following resolution:
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF CHESTERFIELD, VIRGINIA, APPROVING THE
FORMS AND THE TERMS, CONDITIONS AND PROVISIONS AND
AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST
SUPPLEMENTAL LEASE/PURCHASE AGREEMENT, DATED AS OF
MARCH 1, 2003, BY AND BETWEEN SUNTRUST LEASING
CORPORATION, AS LESSOR, AND THE COUNTY, AS LESSEE,
SUPPLEMENTING A LEASE/PURCHASE AGREEMENT, DATED AS
OF JANUARY 1, 2001, BY AND BETWEEN SUCH PARTIES,
AND A FIRST SUPPLEMENTAL TRUST AGREEMENT, DATED AS
OF JANUARY 1, 2003, BY AND AMONG SUNTRUST BANK, AS
THE TRUSTEE, SUNTRUST LEASING CORPORATION AND THE
COUNTY, SUPPLEMENTING A TRUST AGREEMENT, DATED AS
OF JANUARY 1, 2001, BY AND AMONG SUCH PARTIES, IN
CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SALE
AND DELIVERY OF $3,070,000 PRINCIPAL AMOUNT OF
CERTIFICATES OF PARTICIPATION, SERIES 2003A, DATED
MARCH 1, 2003, TO FINANCE A PORTION OF THE COST OF
THE ACQUISITION, CONSTRUCTION, INSTALLATION,
FURNISHING AND EQUIPPING OF THE EXPANSION AND
RENOVATION OF THE COUNTY'S EXISTING JUVENILE
DETENTION HOME AND RENOVATION OF THE COUNTY'S
EXISTING JUVENILE COURTS BUILDING FOR USE AS A
JUVENILE DETENTION FACILITY; APPROVING THE FORMS
AND THE TERMS, CONDITIONS AND PROVISIONS AND
AUTHORIZING THE EXECUTION AND DELIVERY OF A GROUND
LEASE, DATED AS OF MARCH 1, 2003, BY AND BETWEEN
THE COUNTY, AS LESSOR, AND SUNTRUST LEASING
CORPORATION, AS LESSEE, A LEASE/PURCHASE AGREEMENT,
DATED AS OF MARCH 1, 2003, BY AND BETWEEN SUNTRUST
LEASING CORPORATION, AS LESSOR, AND THE COUNTY, AS
LESSEE, AND A TRUST AGREEMENT, DATED AS OF MARCH 1,
2003, BY AND AMONG THE COUNTY, SUNTRUST BANK, AS
TRUSTEE, AND SUNTRUST LEASING CORPORATION IN
CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SALE
AND DELIVERY OF $3,030,000 PRINCIPAL AMOUNT OF
CERTIFICATES OF PARTICIPATION, SERIES 2003B, DATED
MARCH 1, 2003, TO FINANCE A PORTION OF THE COST OF
03-143
02/26/03
ACQUISITION, CONSTRUCTION, INSTALLATION, FURNISHING
AND EQUIPPING OF A NEW COUNTY JAIL; AUTHORIZING AND
DIRECTING THE PREPARATION AND DISTRIBUTION OF A
PRELIMINARY OFFERING STATEMENT AND THE PREPARATION,
EXECUTION AND DELIVERY OF AN OFFERING STATEMENT AND
DEEMING THE PRELIMINARY OFFERING STATEMENT FINAL
FOR PURPOSES OF SECURITIES AND EXCHANGE COMMISSION
RULE 15c2-12; DELEGATING TO THE COUNTY
ADMINISTRATOR THE AUTHORITY TO APPROVE THE SALE OF
THE CERTIFICATES AND THE DEFINITIVE DETAILS OF THE
CERTIFICATES; AUTHORIZING THE TAKING OF FURTHER
ACTION TO CARRY OUT, GIVE EFFECT TO AND CONSUMMATE
THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION;
AND MAKING CERTAIN FINDINGS AND DETERMINATIONS
WHEREAS, the Board of Supervisors (the "Board") of the
County of Chesterfield, Virginia (the "County"), in a
resolution adopted by the Board on January 10, 2001 (the
~January 10, 2001 Resolution") has heretofore determined that
it was advisable for the County to enter into a Ground Lease,
dated as of January 1, 2001 (the ~2001 Ground Lease"), by and
between the County, as lessor, and SunTrust Leasing
Corporation (the ~Leasing Corporation"), as lessee, providing
for the leasing by the County to the Leasing Corporation of
the sites of the County's existing Juvenile Detention Home,
Juvenile Courts Building and Information Technology Building
and an Airport Hangar at the Chesterfield County Airport and
such buildings now or hereafter existing thereon and
conducted a public hearing with respect to the same in
accordance with Section 15.2-1800.B of the Code of Virginia,
1950 (the ~Virginia Code"), on November 8, 2000; and
WHEREAS, the Board in the January 10, 2001 Resolution
determined that it was advisable for the County to enter into
a Lease/Purchase Agreement, dated as of January 1, 2001 (the
~2001 Lease/Purchase Agreement"), by and between the Leasing
Corporation, as lessor, and the County, as lessee, providing
for the leasing by the County from the Leasing Corporation of
such sites and such buildings and a Financial/Human Resources
Information System and a Community Development Information
System to be acquired and installed for the County; and
WHEREAS, the Board in the January 10, 2001 Resolution
determined that it was advisable for the County to enter into
a Trust Agreement, dated as of January 1, 2001 (the ~2001
Trust Agreement"), by and among SunTrust Bank, as Trustee
(the ~Trustee"), the Leasing Corporation and the County; and
WHEREAS, on January 24, 2001, there were issued under
the 2001 Trust Agreement, $13,725,000 principal amount of
Certificates of Participation, Series 2001, dated January 1,
2001 (the ~Series 2001 Certificates"), for the purpose of
financing a portion of the costs of the acquisition,
construction, installation, furnishing and equipping of the
Project (as defined in the 2001 Lease/Purchase Agreement,
which included expansion and renovation of the County's
existing Juvenile Detention Home and the renovation of the
County's existing Juvenile Courts Building for use as a
juvenile detention facility (the ~Juvenile Detention Facility
Project)); and
WHEREAS, the 2001 Trust Agreement authorizes the
issuance of Additional Certificates payable from rentals
payable under the 2001 Lease/Purchase Agreement and entitled
to the lien and charge securing the Outstanding Certificates
issued under the 2001 Trust Agreement to pay any Cost of the
Project described in the 2001 Trust Agreement which is not
provided from the proceeds of the Series 2001 Certificates;
and
03-~44
02/26/03
WHEREAS, the Board has determined that it is advisable
for the County to enter into (i) a First Supplemental
Lease/Purchase Agreement, dated as of March 1, 2003 (the
~First Supplemental Lease/Purchase Agreement"), by and
between the Leasing Corporation, as lessor, and the County,
as lessee, supplementing the 2001 Lease/Purchase Agreement;
and (ii) a First Supplemental Trust Agreement, dated as of
March 1, 2003 (the ~First Supplemental Trust Agreement"), by
and among the Trustee, the Leasing Corporation and the
County, supplementing the 2001 Trust Agreement, in connection
with the issuance of $3,070,000 principal amount of
Certificates of Participation, Series 2003A, dated March 1,
2003 (the ~Series 2003A Certificates"), as Additional
Certificates under the 2001 Trust Agreement for the purpose
of financing additional costs of the Juvenile Detention
Facility Project; and
WHEREAS, the Board has determined that it is advisable
for the County to enter into a Ground Lease, dated as of
March 1, 2003 (the ~2003 Ground Lease"), by and between the
County, as lessor, and the Leasing Corporation, as lessee,
providing for the leasing by the County to the Leasing
Corporation of the site of a new County Jail and such
buildings now or hereafter existing thereon and has
determined to conduct a public hearing with respect to the
same in accordance with Virginia Code Section 15.2-1800.B, on
February 26, 2003 at the regular meeting of the Board at
which this Resolution is being adopted; and
WHEREAS, the Board has determined that it is advisable
for the County to enter into a Lease/Purchase Agreement, to
be dated as of March 1, 2003 (the ~2003 Lease/Purchase
Agreement"), by and between the Leasing Corporation, as
lessor, and the County, as lessee, providing for the leasing
by the County from the Leasing Corporation of such site and
such buildings; and
WHEREAS, the Board has determined that it is advisable
for the County to enter into a Trust Agreement, dated as of
March 1, 2003 (the "2003 Trust Agreement"), by and among the
Trustee, the Leasing Corporation and the County; and
WHEREAS, the Board has determined that it is advisable
for the County to enter into (i) the 2003 Ground Lease; (ii)
the 2003 Lease/Purchase Agreement; and the 2003 Trust
Agreement, in connection with the issuance of $3,030,00
principal amount of Certificates of Participation, Series
2003B, dated March 1, 2003 (the ~Series 2003B Certificates"
and, collectively with the Series 2003A Certificates, the
~Certificates"), under the 2003 Trust Agreement for the
purpose of financing a portion of the costs of the
acquisition, construction, installation, furnishing and
equipping of the new County Jail and related on-site and off-
site improvements; and
WHEREAS, the Board has determined that it is advisable to
take certain other actions in connection with the
authorization, issuance, sale and delivery of the
Certificates, including delegating to the County
Administrator the authority to approve the interest rates for
and other details of the Certificates;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF CHESTERFIELD, VIRGINIA:
SECTION 1. Definitions.
~Certificates" shall mean collectively the Series 2003A
Certificates and the Series 2003B Certificates.
"First Supplemental Lease/Purchase Aqreement" shall mean
the First Supplemental Lease/Purchase Agreement, dated as of
March 1, 2003, by and between the Leasing Corporation, as
03-145
02/26/03
lessor, and the County, as lessee, supplementing the 2001
Lease/Purchase Agreement.
~First Supplemental Trust Aqreement" shall mean the
First Supplemental Trust Agreement, dated as of March 1,
2003, by and among the Trustee, the Leasing Corporation and
the County, supplementing the 2001 Trust Agreement.
~Leasinq Corporation" shall mean SunTrust Leasing
Corporation, a corporation organized and existing under the
laws of Commonwealth of Virginia.
"Project" shall have the meaning given to such term in
each of the 2001 Lease/Purchase Agreement and the 2003
Lease/Purchase Agreement. ~Projects" shall mean collectively
the Project as such term is defined in the 2001
Lease/Purchase Agreement and the Project as such term is
defined in the 2003 Lease/Purchase Agreement.
~Trustee" shall mean SunTrust Bank, a banking
corporation organized and existing under the laws of the
State of Georgia and having a corporate trust office in the
City of Richmond, Virginia.
"2001 Lease/Purchase Aqreement" shall mean the
Lease/Purchase Agreement, dated as of January 1, 2001, by and
between the Leasing Corporation, as lessor, and the County,
as lessee.
"2001 Trust Aqreement" shall mean the Trust agreement,
dated as of January 1, 2001, by and between the Leasing
Corporation, as lessor, and the County, as lessee.
"2003 Ground Lease" shall mean the Ground Lease, dated
as of March 1, 2003, to be entered into by and between the
County, as lessor, and the Leasing Corporation, as lessee.
~2003 Lease/Purchase Aqreement" shall mean
Lease/Purchase Agreement, to be dated as of March 1, 2003, to
be entered into by and between the Leasing Corporation, as
lessor, and the County, as lessee, providing for the leasing
of the Project (as defined in the 2003 Lease/Purchase
Agreement) to the County.
~2003 Trust Aqreement" shall mean the Trust Agreement,
dated as of March 1, 2003, to be entered into by and among
the Trustee, the Leasing Corporation and the County.
~2003A Certificates" shall mean the Certificates of
Participation, Series 2003A, dated March 1, 2003, to be
issued as Additional Certificates under the 2001 Trust
Agreement.
~2003B Certificates" shall mean the $3,030,000 principal
amount of Certificates of Participation, Series 2003B, dated
March 1, 2003, to be issued as the initial series of
Certificates under the 2003 Trust Agreement.
SECTION 2. Findinqs and Determinations.
hereby finds and determines that:
The Board
(a) The leasing of each of the Projects is presently
essential to the County and are anticipated to continue to be
essential to the County.
(b) (i) The representations set forth in Section 2.1
of the 2001 Lease/Purchase Agreement, as supplemented by the
First Supplemental Lease/Purchase Agreement, are true and
correct on and as of the date of adoption of this Resolution.
(ii) The statements set forth in Section 4.4 of the
2001 Lease/Purchase Agreement, as supplemented by the First
03-146
02/26/03
Supplemental Lease/Purchase Agreement, accurately reflect the
intention of the Board with respect to the subject matter
thereof, subject to the qualification recited therein that
the Board is not empowered to make any commitment beyond the
current fiscal year of the County.
(c) (i) The representations set forth in Section 2.1
of the 2003 Lease/Purchase Agreement are true and correct on
and as of the date of adoption of this Resolution.
(ii) The statements set forth in Section 4.4 of the
2003 Lease/Purchase Agreement accurately reflect the
intention of the Board with respect to the subject matter
thereof, subject to the qualification recited therein that
the Board is not empowered to make any commitment beyond the
current fiscal year of the County.
SECTION 3. ADDroval of the Form of the First
SuDDlemental Lease/Purchase Aqreement and the Terms,
Conditions and Provisions Thereof; Execution and Delivery of
the First SuDDlemental Lease/Purchase Aqreement. The form of
the First Supplemental Lease/Purchase Agreement presented to
and filed with the minutes of the meeting of the Board at
which this Resolution is being adopted and the terms,
conditions and provisions thereof (including in particular
the Base Payments required to be paid under Section 4.3(a)
thereof as the same shall be set forth in Exhibit C thereto
and the other rental payments required to be paid under such
Section 4.3(a)) are hereby approved, ratified and confirmed,
and the County Administrator or any Deputy County
Administrator is hereby authorized and directed to execute
and deliver to the Leasing Corporation the First Supplemental
Lease/Purchase Agreement in such form, together with such
changes as shall be approved by the County Administrator or
Deputy County Administrator executing the same upon the
advice of counsel to the County, such approval to be
conclusively evidenced by his execution thereof.
SECTION 4. A~Droval of the Form of the First
SuDDlemental Trust Aqreement and the Terms, Conditions and
Provisions Thereof; Execution and Delivery of the First
SuDDlemental Trust A~reement. The form of the First
Supplemental Trust Agreement presented to and filed with the
minutes of the meeting of the Board at which this Resolution
is being adopted and the terms, conditions and provisions
thereof, are hereby approved, ratified and confirmed, and the
County Administrator or any Deputy County Administrator is
hereby authorized and directed to execute and deliver the
First Supplemental Trust Agreement to the Trustee and the
Leasing Corporation, together with such changes as shall be
approved by the County Administrator or Deputy County
Administrator executing the same upon the advice of counsel
to the County, such approval to be conclusively evidenced by
his execution thereof.
SECTION 5. ADDr0val of the Form of the 2003 Ground
Lease and the Terms, Conditions and Provisions Thereof;
Authorization and Direction of Execution and Delivery. of the
2003 Ground Lease. The form of the 2003 Ground Lease
presented to and filed with the minutes of the meeting of the
Board at which this Resolution is being adopted and the
terms, conditions and provisions thereof, are hereby
approved, ratified and confirmed, and the County
Administrator or any Deputy County Administrator is hereby
authorized and directed to execute and deliver to the Leasing
Corporation the 2003 Ground Lease in such form, together with
such changes as shall be approved by the County Administrator
or Deputy County Administrator executing the same upon advice
of counsel to the County, such approval to be conclusively
evidenced by his execution thereof.
03-1~7
02/26/03
SECTION 6. ApDroval of the Form of the 2003
Lease/Purchase Aqreement and the Terms, Conditions and
Provisions Thereof; Execution and Delivery of the 2003
Lease/Purchase Aqreement. The form of the 2003
Lease/Purchase Agreement presented to and filed with the
minutes of the meeting of the Board at which this Resolution
is being adopted and the terms, conditions and provisions
thereof (including in particular the Base Payments required
to be paid under Section 4.3(a) thereof as the same shall be
set forth in Exhibit B thereto and the other rental payments
required to be paid under such Section 4.3(a)) are hereby
approved, ratified and confirmed, and, subject to the
execution and delivery by the County of the 2003 Ground Lease
in accordance with Section 5, the County Administrator or any
Deputy County Administrator is hereby authorized and directed
to execute and deliver to the Leasing Corporation the 2003
Lease/Purchase Agreement in such form, together with such
changes as shall be approved by the County Administrator or
Deputy County Administrator executing the same upon the
advice of counsel to the County, such approval to be
conclusively evidenced by his execution thereof.
SECTION 7. ApDroval of the Form of the 2003 Trust
Aqreement and the Terms, Conditions and Provisions Thereof;
Execution and Delivery of the 2003 Trust Aqreement; ADDroval
of Appointment of Trustee. (a) The form of the 2003 Trust
Agreement presented to and filed with the minutes of the
meeting of the Board at which this Resolution is being
adopted and the terms, conditions and provisions thereof, are
hereby approved, ratified and confirmed, and, subject to the
execution and delivery by the County of the 2003 Ground Lease
in accordance with Section 5, the County Administrator or any
Deputy County Administrator is hereby authorized and directed
to execute and deliver the 2003 Trust Agreement to the
Trustee and the Leasing Corporation, together with such
changes as shall be approved by the County Administrator or
Deputy County Administrator executing the same upon the
advice of counsel to the County, such approval to be
conclusively evidenced by his execution thereof.
(b) The Board hereby approves the appointment
SunTrust Bank as Trustee under the 2003 Trust Agreement.
of
SECTION 8. Preparation and Distribution of Preliminary
Offerinq Statement and PreDaration, Execution and Delivery of
Offerinq Statement; Preliminary Offerinq Statement "Deemed
Final" for Purposes of Rule 15c2-12 of the Securities and
Exchanqe Commission. (a) The County Administrator and other
appropriate officials and employees of the County are hereby
authorized and directed to prepare and distribute or
disseminate, or cause to be prepared and distributed or
disseminated, to prospective purchasers of the Certificates a
Preliminary Offering Statement relating to the Certificates
(the "Preliminary Offering Statement"), such Preliminary
Offering Statement to be in substantially the form presented
to and filed with the minutes of the meeting of the Board at
which this Resolution is being adopted. All actions taken by
the officials, employees, agents and attorneys of the County
with respect to the preparation and distribution or
dissemination of such Preliminary Offering Statement prior to
the date hereof are hereby approved, ratified and confirmed.
(b) The County Administrator and other appropriate
officials and employees of the County are hereby authorized
and directed to prepare, or to cause to be prepared, an
Offering Statement relating to the Certificates (the
"Offering Statement"), such Offering Statement to be in
substantially the form of the Preliminary Offering Statement
with the completion therein of the information with respect
to the interest rates to be borne by the Certificates as
specified by the successful bidder for the Certificates and
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other definitive details of the Certificates determined upon
the sale of the Certificates to the successful bidder
therefor.
(c) The County Administrator is hereby authorized to
execute and deliver to the representative of the purchasers
of the Certificates the Offering Statement relating to the
Certificates in accordance with the provisions of the
Detailed Notice of Sale relating to the Certificates.
(d) The Preliminary Offering Statement shall be ~deemed
final" as of its date for purposes of Rule 15c2-12
promulgated by the Securities and Exchange Commission
pursuant to the Securities Exchange Act of 1934 (~Rule 15c2-
12") except for the omission of certain information permitted
to be omitted by Rule 15c2-12. The County Administrator is
hereby authorized to execute and deliver to the
representative of the purchasers of the Certificates a
certificate dated the date of the Preliminary Offering
Statement stating that the Preliminary Offering Statement is
"deemed final" as of its date by the County for purposes of
Rule 15c2-12.
SECTION 9. Sale of Certificates; Details of
Certificates. a) There is hereby delegated to the County
Administrator authority, without further action by the Board,
to approve the sale of the Certificates at competitive sale
at not less than 99% of the principal amount thereof, plus
accrued interest thereon from March 1, 2003 and payment
therefor, and on such other terms and conditions as shall be
provided in the Detailed Notice of Sale relating to the
Certificates. The County Administrator is hereby authorized
to cause to be published and distributed a Detailed Notice of
Sale relating to the Certificates in such form and containing
such terms and conditions as he may deem advisable, subject
to the provisions hereof. In lieu of publishing the full
text of the Detailed Notice of Sale relating to the
Certificates in accordance with the provisions of the
immediately preceding sentence, the County Administrator is
hereby authorized to cause a Summary Notice of Sale of the
Certificates in such form as the County Administrator shall
approve to be published in The Bond Buyer on a date selected
by the County Administrator and is hereby further authorized
to cause to be prepared and distributed a Detailed Notice of
Sale relating to the Certificates, such Detailed Notice of
Sale to be in substantially the form set forth in Appendix F
to the Preliminary Offering Statement relating to the
Certificates presented to the meeting at which this
Resolution is being adopted.
(b) The County is hereby authorized to receive bids for
the purchase of the Certificates and, the County
Administrator, without further action by the Board, is
authorized to approve the acceptance of the bid offering to
purchase the Certificates at the lowest true interest cost to
the County, computed in accordance with the provisions of the
Detailed Notice of Sale; provided that (i) such bid is
accompanied by a surety bond meeting the conditions specified
in the Detailed Notice of Sale relating to the Certificates
and is otherwise in conformity with such Detailed Notice of
Sale; (ii) no premium payable upon the redemption of the
Certificates shall be in excess of two percent (2%); and
(iii) the true interest cost to the County as specified in
such bid is not in excess of six percent (6%).
(c) The County Administrator, the Director of
Accounting and the County Attorney are hereby authorized to
execute and deliver to the purchasers of the Certificates one
or more certificates in the forms provided for in the
Offering Statement relating to the Certificates.
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02/26/03
(d) The County Administrator is hereby authorized to
approve the definitive details of the Certificates as the
same shall be set forth in the Detailed Notice of Sale, the
Preliminary Offering Statement, the Offering Statement and
the bid submitted by the successful bidder for the
Certificates.
SECTION 10. Tax Covenant. The County covenants and
agrees to comply with the provisions of Sections 103 and 141-
150 of the Internal Revenue Code of 1986 and the applicable
Treasury Regulations promulgated thereunder throughout the
term of the Certificates.
SECTION 11. Further Action of the Board and of the
Officials and Employees of the County. The members of the
Board and the officials and employees of the County are
hereby authorized and directed to take any and all such
further action as upon advice of counsel to the County they
shall deem necessary or desirable in order to carry out, give
effect to and consummate the transactions contemplated by
this Resolution and by the terms of the First Supplemental
Lease/Purchase Agreement, the First Supplemental Trust
Agreement, the 2003 Ground Lease, the 2003 Lease/Purchase
Agreement and the 2003 Trust Agreement and by any of the
documents referred to herein or therein or approved hereby or
thereby.
SECTION 12. Repeal of Conflictinq Resolutions. Ail
resolutions, or portions thereof, heretofore adopted by the
Board which are in conflict or inconsistent with this
Resolution are hereby repealed to the extent of such
inconsistency.
SECTION 13. Effectiveness of Resolution. This
Resolution shall be effective from and after its adoption.
Ayes: Warren, McHale and Barber.
Nays: None.
Absent: Humphrey and Miller.
Mrs. Humphrey and Mr. Miller returned to the meeting.
18. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS
02SN0236
In Matoaca Magisterial District, HARBOURSIDE CENTRE LLC
requests amendment to Conditional Use Planned Development
(Case 88SN0056) and amendment of zoning district map relative
to approved Master Plan, uses, site design, buffers and
drainage. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
mixed use corridor use. This request lies in Neighborhood
Business (C-2) and Corporate Office (0-2) Districts on 8.4
acres fronting approximately 470 feet on the south line of
Hull Street Road, also fronting approximately 200 feet on the
west line of Mockingbird Lane, also fronting in two (2)
places approximately 240 feet on the west line of Harbourside
Drive and located at the intersection of these roads. Tax ID
730-673-1465, 2097, 2291 and 4078 (Sheets 15 and 16).
Ms. Rogers presented a brief summary of Case 02SN0236.
Mr. John Easter, representing the applicant, stated that the
Planning Commission's recommendation is acceptable. He
further stated that the applicant has submitted amended
proffered conditions to address an adjacent property owner's
03-150
02/26/03
concern, and the Board will need to suspend the rules to
consider the amended proffered conditions.
Mr. Andrew Stanfield, owner of the adjacent day care center,
stated that he supports the request and recommended that the
Board approve the case.
Mr. Warren called for the public hearing.
No one came forward to speak to the request.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
suspended its rules at this time to allow for consideration
of the amended proffered conditions.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mrs. Humphrey then made a motion, seconded by Mr. Barber, for
the Board to approve Case 02SN0236 subject to the following
conditions:
In conjunction with the approval of this request,
Condition 9 of Case 88SN0056 shall be deleted for the
request property only. (EE)
Retention ponds shall not be permitted within any
buffers required by Condition 3 of Case 88SN0056. (P)
Bank, savings and loan and/or office uses shall be
permitted at the intersection of Hull Street Road and
Mockingbird Lane.
Condition 11 of Case # 88SN0056 shall be modified to
allow the following uses, in addition to those already
permitted:
Appliance store
Bicycle sales and rental
Clothing store
Furniture/carpet store
Hobby store
Jewelry store
Locksmith operations
Optometrist
Paint and wallpaper store
Photography studio
Restaurant, fast-food, provided that such use shall be
limited to:
· one such restaurant at which frozen desserts and
beverages such as ice cream, frozen yogurt, and
milk shakes shall constitute at least ~ of the
available items on the menu; and
· one such restaurant at which delicatessen products
such as sandwiches (other than hamburgers and
cheeseburgers), soups, salads, and beverages shall
constitute at least ~ of the available items on the
menu, provided that seating shall be provided so
that such food items may be consumed at the
restaurant.
Sewing machine and vacuum sales/service
Sporting goods sales
Toy store
Travel Agency (P)
03-151
02/26/03
o
Condition 13 of Case # 88SN0056 shall be modified in its
entirety by the following:
Within the Neighborhood Business (C-2) Tract, individual
stores and shops shall not exceed 5,000 square feet of
gross floor area if located within 200 feet of any
existing residential district or area currently zoned
agricultural and shown on the General Plan for
residential use, and in no case shall be larger than
8,000 square feet of gross floor area. Individual
projects shall not exceed 5,000 square feet of gross
floor area per acre unless such excess square footage is
devoted solely for office and/or storage use and is
subtracted from the square footage permitted in the 0-2
Tract. Even buildings that are more than 200 feet from
any property that is zoned residential and is being used
for residential purposes shall not exceed a height of 2
stories or 35 feet, whichever is less. All structures
shall have an architectural style compatible with
surrounding residential neighborhoods. (P)
o
Condition 14 of Case # 88SN0056 is amended to provide
that the allowable square footage thereunder shall be
reduced consistent with the application of the
provisions of Condition 13. (P)
(NOTES: A.
Condition 2 modifies Condition 3 of Case
88SN0056 for the request property only.
B o
Conditions 3 and 9 of Case 88SN0056
remains for that part of the property
which was the subject of the original
Conditional Use Planned Development not
included in this application. All other
conditions of Case 88SN0056 remain
applicable.
C o
Condition 3 modifies Condition 1 of Case
88SN0056 for the request property only.)
And, further, the Board accepted the following proffered
conditions:
Any open basins required for water quantity or quality
which are designed as wet ponds shall be landscaped or
otherwise improved so that the facilities become visual
enhancements to, and amenities for, the uses developed
on the Property. At the time of site plan submission, a
plan depicting these requirements shall be submitted for
review and approval. (P)
o
Freestanding parking lot lights shall not exceed twenty
(20) feet in height. (P)
o
Evergreen shrubs of at least two (2) feet in height at
the time of planting and spaced to create a continuous
hedgerow at maturity shall be provided along Route 360
and Mockingbird Lane where adjacent to parking. These
shrubs shall be in addition to the perimeter landscaping
requirement in the zoning ordinance. (P)
o
An underground automatic irrigation system shall be
provided for the landscaping along U.S. Route 360 and
Mockingbird Lane. (P)
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02/26/03
For the benefit of the owners of Tax ID 7296738052 and
Tax ID 7296748507, prior to the first site plan approval
for the Property, the applicant or its successors and
assigns shall record an access easement acceptable to
the Transportation Department across the C-2 zoned
portion of the Property from Harbourside Drive to Tax ID
7296738052 or Tax ID 7296748507. Prior to issuance of a
building permit for any building within one hundred
fifty (150) feet of the western property line of the
Property (adjacent to Tax ID 7296738052 or Tax ID
7296748507), the applicant or its successors or assigns
shall construct an access road within such easement.
Parking areas on the Property shall be designed so that
parking spaces do not have a direct connection to the
access road, but they may connect to the access road by
way of drive aisles within the parking area (T)
Prior to issuance of a building permit for any building
within one hundred fifty (150) feet of the western
property line of the Property (adjacent to Tax ID
7296738052 or Tax ID 7296748507), the applicant or its
successors or assigns shall extend public water and
public sewer to the portion of the western property line
for the C-2 zoned portion of the Property. Should the
owners of Tax ID 7296738052 or Tax ID 7296748507 receive
site plan approval prior to the extension of public
water and public sewer across the Property, the
applicant or its successors or assigns shall provide an
easement across the Property for public water and sewer.
(u)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03SN0157
In Matoaca Magisterial District, NORMAN SADLER requests
rezoning and amendment of zoning district map from
Agricultural (A) to General Business (C-5) with Conditional
Use Planned Development to permit exceptions to Ordinance
requirements. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
rural conservation use. This request lies on 0.2 acre
fronting approximately 20 feet on the south line of Hull
Street Road, approximately 950 feet west of Doss Road. Tax
ID 699-665-2344 (Sheet 22).
Mr. Jacobson presented a summary of Case 03SN0157 and stated
that staff recommends denial because the proposed zoning and
land uses do not comply with the Southern and Western Area
Plan. He further stated that the Planning Commission
recommended approval and acceptance of the proffered
conditions.
Mr. Norman Sadler stated that
recommendation is acceptable.
the Planning Commission's
Mr. Warren called for the public hearing.
No one came forward to speak to the request.
03-153
02/26/03
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
approved Case 03SN0157 and accepted the following proffered
conditions:
Prior to any final site plan approval, 100 feet of
right-of-way on the south side of Hull Street Road
(Route 360), measured from the centerline of that part
of Route 360 immediately adjacent to the property, shall
be dedicated, free and unrestricted, to and for the
benefit of Chesterfield County. (T)
No direct access shall be provided from the property to
Route 360. (T)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
19. ADJOURNHENT
On motion of Mr. Barber, seconded by Mr. McHale, the Board
adjourned at 8:45 p.m. until March 10, 2003 at 5:00 p.m.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
L~n~ B. Ramsey~
Chairman
03-154
02/26/03