2015-05-27 MinutesBOARD OF SUPERVISORS
MINUTES
May 27, 2015
Supervisors in Attendance:
Mr. Stephen A. Elswick, Chairman
Mr. Arthur S. Warren, Vice Chrm.
Ms. Dorothy A. Jaeckle
Mr. James M. Holland
Mr. Daniel A. Gecker
Mr. James J. L. Stegmaier
County Administrator
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Staff in Attendance:
Mr. Greg Akers, Dir.,
Internal Audit
Dr. Sheryl Bailey, Dep.
County Administrator,
Management Services
Mr. Michael Bacile, Dir.,
Purchasing
Ms. Janice Blakley,
Clerk to the Board
Ms. Patsy Brown, Dir.,
Accounting
Ms. Debbie Burcham,
Exec. Dir., Community
Services Board
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Jana Carter, Dir.,
Juvenile Services
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Jonathan Davis, Dir.,
Real Estate Assessment
Mr. Will Davis, Dir.,
Economic Development
Mr. William Dupler, Dep.
County Administrator,
Community Development
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Real Property Manager
Mr. George Hayes, Dir.,
Utilities Department
Mr. Rob Key, Director,
General Services
Mr. Mike Likins, Dir.,
Cooperative Extension
Mr. Mike Mabe, Dir.,
Library
Mr. Jeffrey L. Mincks,
County Attorney
Ms. Susan Pollard, Dir.,
Public Affairs
Ms. Mary Martin Selby, Dir.,
Human Resource Services
Chief Loy Senter,
Fire and EMS
Ms. Marsha Sharpe, Dir.,
Social Services
Mr. Scott Smedley, Dir.,
Environmental Engineering
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Mr. Jesse Smith, Dir.,
Transportation
Ms. Sarah Snead, Dep.
County Administrator,
Human Services
Mr. Kirk Turner, Dir.,
Planning
Mr. Rick Witt,
Building Official
Mr. Scott Zaremba, Dir.,
Human Resources Programs
Mr. Elswick called the regularly scheduled meeting to order at
3:00 p.m.
1. APPROVAL OF MINUTES
1.A. APRIL 15, 2015 REGULAR MEETING
1.B. APRIL 29, 2015 REGULAR MEETING
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the minutes of April 15, 2015 and April 29, 2015, as
submitted.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
• Mr. Stegmaier was saddened to inform the Board of the
passing of former Delegate Frank Hall. He stated
Delegate Hall represented the 69th district which
included part of Northern Chesterfield for many years
before retiring in 2009 from the legislature. He further
stated it is with sadness and respect for his service to
the citizens of Chesterfield County that we note his
passing.
2.B.
GENERAL ASSEMBLY RECOGNITION OF THE HONORABLE ARTHUR S.
WARREN
Ms. Mary Ann Curtin introduced Delegate Roxann Robinson and
Delegate Riley Ingram who presented the following House Joint
Resolution No. 723, commending Arthur S. Warren, as passed by
the 2015 General Assembly, to Mr. Warren:
WHEREAS, Arthur S. Warren, a dedicated public servant
who has ably served the citizens of Chesterfield County for
27 years, retires from the Board of Supervisors in 2015; and
WHEREAS, Arthur "Art" S. Warren was first elected to the
Chesterfield County Board of Supervisors in 1991,
representing the Clover Hill District; previously, he had
been a member of the Chesterfield Planning Commission for
four years; and
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WHEREAS, during his tenure on the Chesterfield County
Board of Supervisors, Art Warren was elected as board chair
seven times; he also has chaired the Richmond Regional
Planning District Commission and the Richmond Area
Metropolitan Transportation Planning Organization; and
WHEREAS, Art Warren's influence and guidance extend
beyond Chesterfield County; he has served the people of
greater Richmond with distinction in many areas, including 23
years as a member—and former chair—of the Capital Region
Airport Commission; and
WHEREAS, Art Warren has served on the boards of the
Virginia Association of Counties, the Virginia Coalition of
High Growth Communities, and the Richmond Region Tourism
bureau; he also was appointed to the Greater Richmond
Partnership, Inc., in 2000, and was chair of the group's
board of directors in 2006 - 2007; and
WHEREAS, additionally, Art Warren is the former
executive director of the Rappahannock -Rapidan Regional
Commission and director of planning for the Crater Planning
District Commission; and
WHEREAS, Chesterfield County has enjoyed a period of
great growth during Art Warren's tenure on the Board of
Supervisors; the real estate tax rate has fallen and credit -
rating agencies awarded the county a top -tier AAA bond
rating; and
WHEREAS, as a member of the Chesterfield County Board of
Supervisors, Art Warren helped oversee the construction of 20
schools, seven fire stations, police precincts, and specialty
schools supported by voters in bond referendums; and
WHEREAS, during Art Warren's tenure on the Board of
Supervisors, 43,000 new jobs were added in Chesterfield
County, the population grew by 120,000, and the number of
students attending county schools increased by 15,000; and
WHEREAS, Art Warren provided leadership and continuity
as Chesterfield County was forced to make significant budget
reductions due to the nationwide recession; and
WHEREAS, other members of the Chesterfield County Board
of Supervisors often relied on Art Warren to provide guidance
and insight; they also respected his tireless work to
maintain the county's quality of life during a period of
great change and growth; and
WHEREAS, as manager of radiological emergency response
preparedness for the Virginia Department of Emergency
Management, Art Warren works with staff at all. nuclear
facilities in the Commonwealth and has conducted many
training sessions on homeland security; and
WHEREAS, Art Warren was appointed by three governors to
be state liaison officer to the federal Nuclear Regulatory
Commission; he also has served on numerous other boards and
commissions; now, therefore, be it
RESOLVED by the House of Delegates, the Senate
concurring, That the General Assembly hereby commend Arthur
S. Warren, a dedicated public servant, for his many years of
service as a member and former chair of the Chesterfield
County Board of Supervisors; and, be it
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RESOLVED FUTHER, that the Clerk of the House of
Delegates prepare a copy of this resolution for presentation
to Arthur S. Warren as an expression of the General
Assembly's respect and appreciation for his commitment and
unswerving dedication to the people of Chesterfield County,
the greater Richmond region, and the Commonwealth.
Delegate Ingram and Delegate Robinson both commended Mr.
Warren for his steadfast devotion to the citizens of
Chesterfield County.
• Mr. Stegmaier announced on May 21St, Sabra Dipping
Company, LLC, maker of America's favorite hummus,
thanked hummus fans nationwide on National Hummus Day
2015. He stated in Virginia this included a proclamation
from the Governor and locally this celebration occurred
at the Chester YMCA where hummus lovers received free
samples of their healthy dips.
2.C. AGE WAVE INITIATIVE PRESENTATION
Mr. Scott Gilchrist, Family Services Supervisor with Social
Services, provided a report to the Board from the Age Wave
Coalition. He stated the Chesterfield Age Wave Coalition was
formed after the regional Age Wave group submitted their
findings and recommendation for the area. He further stated
The Chesterfield Coalition's charge was to develop a
Chesterfield County plan that included local strengths,
resources and opportunities, while cooperating with the
regional effort, surrounding localities and agencies. He
stated the Coalition analyzed the efforts of the regional
plan, reviewed needs assessments by the Chesterfield Council
on Aging and Disability Services Board, and researched
efforts of other localities. He further stated the draft plan
represents a roadmap to establish age wave ready communities
for people of all ages who are engaged, livable, stable and
well across all ages and generations. He recognized members
of the Chesterfield Age Wave Coalition, who were in
attendance.
2.D. COMPREHENSIVE SERVICES ACT STATE EXECUTIVE COUNCIL'S
PROPOSED POLICY DISCUSSION
Ms. Sarah Snead, Deputy County Administrator, provided
information to the Board regarding a proposed policy change
by the Comprehensive Services Act (CSA) State Executive
Council and its potential impact on Chesterfield County. She
stated the CSA State Executive Council (SEC) has put out for
public comment a policy proposal on serving youth referred to
Residential Treatment Facilities for non -educational reasons
and outside the CSA process. She further stated the CSA
process is a collaborative system of services that is child -
centered, family -focused and community-based. She stated the
problem identified that led to the proposed policy change is
regarding youth placements in residential level C treatment
facilities outside of the CSA process. She further stated at
the current time, there is no public source of funding or
reimbursement for required educational services, leaving the
cost to be covered by the facility or the family; further,
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the families who place a child directly into residential
without the benefit of Family Assessment and Planning Team
(FAPT) may not be aware of community based services available
to them. She noted the SEC addressed the previously stated
problem by convening a workgroup and their recommendations
are now out for public comment. She stated while it is not
the most critical issue to be raised, there is concern that
CSA offices and FAPT teams may not be able to meet the 14 -day
timeframe. She further stated based on estimates provided by
the state office of Comprehensive Services, the increased
cost to Chesterfield -Colonial Heights with the policy change
would be $700,000, with $600,000 of the cost for Chesterfield
County. She stated it is recommended that critical issues
such as source for educational reimbursement be resolved
prior to implementation. She noted staff's recommendation is
to communicate county comments in response to the proposed
policy. In closing, she thanked Ms. Karen Reilly, Interagency
Services Administrator, and her staff for their tireless
efforts as advocators for youth.
In response to Ms. Jaeckle's questions, Ms. Snead stated
timely access to services was one reason for the policy
change. She further stated there are areas within the state
of Virginia where there is a greater need for a more uniform
access to services. She stated all parties, local, state and
families want the same outcomes, the best possible plan for a
child, as determined by the family. She further stated when
the youth does not come through CSA, no local dollars are
contributed; however, when the youth is receiving funding
from CSA, such as in the policy change where a residential
placement could be made and then referred to CSA for
assessment, the locality would share in the cost of
educational services if approved by FAPT. She noted when a
family knows of all the services available to them, they may
choose not to seek admission into residential treatment. She
stated if residential is appropriate, funding will be
authorized starting with date of admission.
In response to Mr. Gecker's questions, Ms. Snead stated a
typical case would be a child with a serious mental illness.
She further stated once a family has determined the severity
of the mental illness they can go directly to a psychiatric
treatment facility. She stated a child can become Medicaid
eligible after being in a residential facility for 30 days
and could also have the educational component reimbursed. She
noted educational services are comparable to those offered at
a juvenile detention facility. She stated some treatment
facilities will offer scholarships for the educational
portion.
In response to Ms. Jaeckle's question regarding the specific
youth she referenced, eligible for Medicaid, Ms. Snead stated
funding for educational services is the fundamental issue.
In response to Mr. Gecker's question, Ms. Snead stated some
treatment institutions will pay for educational scholarships
and some will bill the family directly. She further stated
connecting to local services early/prior to placement is key
and ensures the family makes the best possible decision with
full information on all available services including, but not
limited to, residential services. She stated at the current
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time, there is no public source of funding or reimbursement
for required educational services, leaving the cost to be
covered by the facility and/or family. She further stated she
is unaware of how many youth are diverted away from
residential level treatment facilities that might be in need
of that specific type of treatment.
In response to Ms. Jaeckle's concern, Ms. Snead stressed the
importance of the collaboration with the family and local
services prior to placement of the youth.
In response to Mr. Gecker's remarks, Mr. Stegmaier stated his
understanding was when CSA was first enacted in the early
1990s there was a dramatic increase in residential
placements. He noted the state then changed their policy to
encourage localities to set up community-based services
because of cost and outcomes of community-based services were
shown to be much more positive for children than the
residential placement. He stated the change in the policy is
rolling back the clock and opening the door for more frequent
residential placement in contrast to the policy that was put
in place 15 years ago, to try and promote the better
treatment approach. He noted staff's objection is both
outcome based and financial related.
Ms. Snead reiterated staff's intent as it relates to the best
possible decision for the child, with full information on all
available resources.
Mr. Holland stressed the importance of connecting families to
local services early and to serve them in their community in
order to gain the best possible outcome for their child.
In response to Mr. Holland's remarks, Ms. Snead stated her
team believes that collaborating with the family upfront is
in the best interest of the child.
Ms. Jaeckle stated it would be helpful if the context of the
CSA letter was revised to reflect how the system was
established.
Mr. Gecker stated if a 30 -to 45 -day timeframe for the FAPT
review was initiated, it would mean the child would be more
significantly ensconced in the facility and the disruption
would be greater if they were removed from that environment.
In response to Mr. Gecker's remarks, Ms. Snead stated if a
child was in danger of hurting themselves or others, Mental
Health will immediately act on an emergency basis. She
further stated a 14 -day timeframe for review may not be
achievable and it typically takes too long for comprehensive
assessment.
In response to Mr. Elswick's questions, Ms. Snead stated the
educational services are in-house and licensed out of The
Department of Education. She further stated teachers are
reimbursed the cost of their educational school within the
facility.
Discussion ensued relative to per diem cost for educational
services and Residential Level C expenditures.
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In response to Mr. Elswick's question, Ms. Snead stated a
child can be removed from a residential facility to a
community-based service once the review process is completed.
She noted she received a copy of the letter VACo submitted to
SEC, which expressed concerns relative to fiscal impact,
timeframes and the best interest of the child.
In response to Ms. Jaeckle's question, Ms. Snead stated if
there is an instance where a child does not qualify for
residential treatment and the review is handled in a timely
manner, no educational costs are incurred by the county.
In response to Mr. Gecker's concerns, Ms. Snead stated the
goal is to reduce access times to within a two-week time
period for the review and placement process. She noted the
process can take up to four weeks and does not include youth
that are at risk of hurting themselves or others. She stated
the family has immediate access to crisis resources if there
is any indication of a high level of severity.
In response to Ms. Jaeckle's question, Ms. Snead stated a
child with a high level of mental unstableness would most
likely be committed within a 24-hour timeframe. She noted her
presentation refers to children with other levels of
problematic issues.
In response to Mr. Elswick's question, Ms. Snead stated the
highest level of danger to a child would be handled
immediately through crisis intervention.
In response to Mr. Gecker's question, Ms. Snead stated the
county's crisis team would initially work with hospital staff
if a child was admitted to a local hospital emergency room
with an intention of hurting themselves or others.
In response to Mr. Elswick's question, Ms. Snead stated
staff's recommendation is to communicate county comments to
the SEC by the May 29th deadline or decline comments at this
time.
Ms. Jaeckle stated it seems the crisis situations are taken
care of, which would be the most important to address. In
regards to the formal letter, she recommended placing more
emphasis on explaining the reasoning of going back to a
system that did not need to be modified.
Mr. Holland and Mr. Warren both concurred with Ms. Jaeckle's
recommendation.
Mr. Gecker expressed concerns with the 14 -day timeframe for
the FAPT review process.
In response to Mr. Gecker's concerns, Ms. Snead stressed the
importance of collaborating upfront, as opposed to after the
fact. She stated she does believe, children gain better
outcomes if CSA connects families to local services early and
serves them in their community rather than residential
services. Ms. Snead noted her team works with many providers
who encourage families to connect with local resources. She
stated many localities have already submitted their comments
to the SEC.
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Mr. Elswick verified the request made by Ms. Jaeckle.
In response to Mr. Holland's question, Mr. Stegmaier stated
staff has copies of responses submitted by many localities
thus far.
Ms. Snead noted various localities with a population
comparable to Chesterfield County do concur with staff's
viewpoint.
3. BOARD MEMBER REPORTS
There were no Board Member Reports at this time.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Holland, seconded by Mr. Warren, the Board
added Item 8.0.11., Approval of Agreements for the
Chesterfield Center for the Arts and Set a Public Hearing to
Consider a Ground Lease; and added Item 8.C.12.,
Authorization for the County Administrator to Execute the
Special Project Service Agreement for Appliance and Scrap
Metal Delivery and Recycling Services through the Central
Virginia Waste Management Authority.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
5. RESOLUTIONS
5.A. RECOGNIZING MS. NORA KROLL AS CHESTERFIELD COUNTY'S
2015 TREASURED VOLUNTEER
Ms. Mary Martin -Selby introduced Ms. Nora Kroll, who was
present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Ms. Nora Kroll is recognized as a volunteer and
valued contributor to Chesterfield County's Library
Department; and
WHEREAS, Ms. Kroll has exemplified dedication by
volunteering for over 30 years at Bon Air Library; and
WHEREAS, Ms. Kroll exemplifies dedication by
volunteering each month; and
WHEREAS, Ms. Kroll has used her skills and talents to
repair books to "like new" condition, thus keeping popular
books available for patrons to enjoy; and
WHEREAS, Ms. Kroll taught herself the best methods and
tools to use for book repair, resulting in considerable cost
savings to the county; and
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WHEREAS, Ms. Kroll is described as reliable,
conscientious, diligent and inspiring as she volunteers,
bringing joy to all who work with her.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 27th day of May 2015,
publicly recognizes Ms. Nora Kroll, as Chesterfield County's
2015 Treasured Volunteer.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Ms. Kroll and that this resolution
be permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
Mr. Gecker presented the executed resolution to Ms. Kroll and
highly praised her for being an exemplary. volunteer and a
valuable contributor to Chesterfield County.
Ms. Kroll expressed her sincere appreciation to the Board for
the special recognition.
Mr. John Twombly, Bon Air Library Branch Manager, also
expressed his appreciation to Ms. Kroll for her craft of
repairing tattered books, which resulted in considerable cost
savings.
6. WORK SESSIONS
There were no Work Sessions at this time.
7. DEFERRED ITEMS
7.A. CONSIDERATION OF AN AMENDMENT TO THE COUNTY CODE TO
ESTABLISH A CIVIL ENFORCEMENT PROGRAM FOR VIOLATIONS
OF LAW REGARDING PASSING OF A STOPPED SCHOOL BUS
Mr. Mincks stated on February 11, 2015, the Board of
Supervisors held a public hearing and deferred the matter to
allow school staff to address concerns and issues raised at
the public hearing. He further stated School staff has been
working with the Police Department and has a representative
present to update the Board. He noted the public hearing has
been closed.
Dr. Robert Wingfield, Director of Transportation of
Chesterfield County Public Schools, presented a summary of
the Comprehensive Student Transportation Safety Program to
the Board. He stated a 2014 study by the National Association
of State Directors of Pupil Transportation found that more
than 13 million drivers illegally passed school buses during
the 2013-14 school year, with over 76,000 passing illegally
on a single day. He summarized the differences between the
original pilot conducted between December 2013 and March 2014
and the second pilot conducted between March 2015 and May
2015. He stated in 25 days there were 341 approved violations
on 50 buses, which breaks down to 14 violations per day; 70
violations per week; and 280 violations per month. He further
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stated he believes Chesterfield County has a problem and if
one child's life is saved, then the program will be a
success. He stated if approved, the RFP process is initiated
to select the right company to work with Chesterfield County;
an education program is started in conjunction with the
Police Department and local media to educate the public; a
30-, 60-, or 90 -day grace period is enacted; and citations
are issued - a civil penalty ($250 fine), not a reckless
driving citation. He noted there would be zero cost to the
county and cost neutral with the vendor assuming all risk. In
closing (accompanied by Lieutenant Fortier), he reviewed the
concept which is a comprehensive student transportation
safety tool and program which will assist bus drivers and the
police to enforce the important law. He further stated the
goal is to attempt to educate the community on the law as it
relates specifically to Chesterfield County.
In response to Mr. Warren's questions, Dr. Wingfield stated
the defendant has the option of appealing the civil penalty
in court. He further stated the contractor installs all of
the necessary equipment and will continue to replace and
repair camera equipment at no cost to the county, even if no
citations are issued. He stated a part-time retired officer
would review the tapes and be compensated from money incurred
by driving citations. He noted the volume of violations would
warrant the amount of wages to the part-time employee.
Mr. Warren commended Dr. Wingfield for thoroughly covering
the matter and answering many of his questions.
Mr. Elswick noted the statistics presented and the breakdown
of those specific violations. He stated even if the program
generates revenue from issuing citations, there has not been
a study that suggests stop -arm cameras on school buses will
prevent nor decrease the number of violations committed. He
further stated he has a lot of unanswered questions relative
to the program.
In response to Mr. Elswick's concerns, Dr. Wingfield stated
the National Association of Pupil Transportation, together
with the National Highway Traffic Safety Commission,
conducted a study which found jurisdictions that implemented
the stop -arm camera program have seen an average of 23
percent reduction of violations.
In response to Mr. Gecker's question regarding the
corresponding reduction in harm to students, Dr. Wingfield
stated he is uncertain of the reduction in injury to school
children relative to the study. He further stated he would
assume most of the illegal passes did not result in injury to
the child. He stated if illegal passes are limited in order
to keep children safe, it is worth the implementation of the
program.
Mr. Holland applauded the participation from the onset by the
Police Department and their significant role in the overall
process.
In response to Mr. Holland's question, Dr. Wingfield stated
illegal passes are more acute in the northern part of the
county. He further stated Hull Street and Midlothian Turnpike
are problematic due to the number of lanes. He noted the most
dangerous stops occur in more rural areas of the county.
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In response to Mr. Gecker's questions regarding home -side
stops, Dr. Wingfield stated 62 percent of bus stops occur on
the right side, 20 percent of stops occur on the left side of
the road, with 18 percent of those stops occurring in
subdivisions. He further stated an increase of home -side
stops could cost a significant amount of money. He noted to
reroute the buses in order to eliminate left -side pickups
would result in added time and fuel. He stated an automated
rerouting system will provide information needed in order to
possibly eliminate some left -side loading. He further stated
he was uncertain of the exact figure relative to cost of
those 20 percent of left -side pickups.
Mr. Holland stated there are some people who are not aware
that they are making a mistake when passing a school bus in
certain instances. He expressed concerns with the outfitting
of exterior cameras on a small percentage of the school bus
fleet. He inquired about the idea of remaining cost neutral
with the vendor.
In response to Mr. Holland's question, Dr. Wingfield stated
the Police Department has reached out to the Commonwealth
Attorney's office to discuss the ordinance. He further stated
there is an evidence package put together by the Police
Department which shows images of the violator passing the bus
in order to testify in court.
Ms. Jaeckle expressed concerns relative to the 23 percent
reduction in violations and not setting out to address the
issue entirely.
In response to Ms. Jaeckle's concerns, Dr. Wingfield stated
the same study he referred to relative to 23 percent in
reductions of violations shows that 99 percent of those
individuals who received a citation and paid the associated
fine did not repeat their offense. He further stated the goal
of the program is to educate the community on the law in
order to keep children safe.
Mr. Gecker requested additional data relative to the
recidivism study regarding the modification in driver's
behaviors.
In response to Mr. Elswick's question, Dr. Wingfield stated
part of implementing the program is the education component.
He further stated nothing comprehensive has been done
educationally until the program is approved.
Mr. Elswick expressed concerns relative to left -side stops
that require children to cross dangerous roads in order to
board the school bus.
In response to Mr. Elswick's concern, Dr. Wingfield stated
the school system makes every effort to pick up and drop off
students on their home side to eliminate safety concerns,
based on funding that is available.
Mr. Holland stated he can sense uneasiness from Board members
relative to moving forward with the matter. He stressed the
importance of acquiring additional information in order to
make a final decision.
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Mr. Warren welcomed Mr. Kevin Carroll, President of The
Chesterfield Fraternal Order of Police, to make some remarks
to the Board.
Mr. Mincks noted Mr. Warren is permitted to recognize Mr.
Carroll for an opportunity to address the Board.
Mr. Carroll voiced his support of the ordinance. He stated
the utilization of video -monitoring systems on school buses
is an update in business model practice and will raise
awareness within the community.
In response to Mr. Warren's question regarding the School
Board's recommendation, Ms. Carrie Coyner stated the School
Board unanimously supports the program.
Mr. Elswick made a motion to defer the issue for 120 days and
directed the County Administrator to work with Schools to
obtain data relative to anticipated revenue generated with
the implementation of stop arm cameras.
Mr. Warren seconded Mr. Elswick's motion. He stated most of
the questions he had initially were answered. He noted he
would be inclined to consider the ordinance given the
information presented today; however, he believes the
deferral is warranted and the issue should be approved
unanimously.
Mr. Holland concurred with Mr. Warren's comments and voiced
his support of the deferral.
Mr. Gecker made a substitute motion to include detailed
figures relative to the cost of providing curbside pickups
throughout the county, particularly the rural routes
considered dangerous.
Ms. Jaeckle requested additional information relative to the
recidivism study relative to the change in driver behavior.
She expressed concerns relative to the installation of
technology and the privacy of students. He stated it is
important to review all options before making a final
decision.
In response to Mr. Gecker's question, Mr. Mincks stated the
civil fine can be reduced at the Board's discretion; however,
the Board cannot implement incremental fines relative to the
severity of the penalty. He suggested proposing the idea of
incremental fines before the General Assembly.
Discussion ensued relative to the recidivism study and
incremental civil penalties.
In response to Ms. Jaeckle's question, Mr. Mincks stated the
Board could allow the civil fine to be reduced, and then work
within the range below. He further stated the Board can
propose to go higher than $250 for subsequent offenses.
Mr. Holland recommended having Public Affairs provide
information to the community relative to the matter, before
execution of the program.
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Mr. Elswick stated he would feel more comfortable having
another public hearing regarding the issue.
Mr. Stegmaier stated county staff will work with Schools to
provide data to the Board regarding the cost of providing
curbside pickups throughout the county, as well as
anticipated revenue streams with stop arm cameras, including
benchmarking of localities similar to Chesterfield County. He
noted the real cost cannot be determined until the
procurement process is executed.
Mr. Elswick called for a vote on his motion, seconded by Mr.
Warren, for the Board to defer considering amending the
County Code to establish a civil enforcement program for
violations of law regarding passing of a stopped school bus
until September 16, 2015; and include detailed figures
relative to the cost of providing curbside pickups throughout
the county.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
suspended its rules to allow simultaneous nomination
/appointment of a member to the Agricultural and Forestry
Committee.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.A.1. AGRICULTURAL AND FORESTRY COMMITTEE
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
simultaneously nominated/appointed Mr. Lawrence Taylor,
representing the Matoaca District, to serve as a member on
the Agricultural and Forestry Committee, whose term is
effective immediately and will expire on December 31, 2016.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B. STREETLIGHT COST APPROVAL
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the following streetlight installation and
authorized the transfer of District Improvement Funds to fund
the project:
Bermuda District
• In the Ashley Forest Subdivision
In the vicinity of 3184/3190 Popular View Place
Cost to install streetlight: $771.59
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
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8.C. CONSENT ITEMS
8.C.1. ADOPTION OF RESOLUTIONS
8.C.l.a. RECOGNIZING MR. MARSHALL W. JARRELL, PARKS AND
RECREATION DEPARTMENT, UPON HIS RETIREMENT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Mr. Marshall W. Jarrell will retire from the
Chesterfield County Department of Parks and Recreation
effective June 12, 2015, with 29 years of service; and
WHEREAS, Mr. Jarrell began his public service with
Chesterfield County in April 1986; and
WHEREAS, Mr. Jarrell was a member of the crew selected
as Employee of the Month in April 1990 for dedication and
hard work on the construction of the Ropes Course at Camp
Baker and the Tot Lot at Iron Bridge Park; and
WHEREAS, Mr. Jarrell received an Employee Recognition
Award in July 2006 for his leadership during the absence of
the district senior crew chief; and
WHEREAS, Mr. Jarrell received an Employee Recognition
Award in January 2008 for his performance in assuming the
duties of the crew chief position for the central district;
and
WHEREAS, over the course of his career, Mr. Jarrell
received many Employee Recognition Awards for volunteering
for special events and for construction/ renovation projects;
and
WHEREAS, Mr. Jarrell received a commendation in June
2009 for his heroic action in April 2009, rescuing a child
who was trying to leave the school grounds and was about to
head into the road, and Mr. Jarrell held the child safely and
then returned to work without seeking attention or
recognition of any kind; and
WHEREAS, Mr. Jarrell will be missed by his co-workers,
supervisors, and the citizens of Chesterfield County, who he
has so expertly served.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Mr. Marshall W. Jarrell, expresses the appreciation of all
residents for his 29 years of service to Chesterfield County,
and extends appreciation for his dedicated service to the
county and congratulations upon his retirement, as well as
best wishes for a long and happy retirement.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
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8.C.l.b. SUPPORTING THE INSTALLATION OF SIGNS ADVISING OF AN
ADDITIONAL MAXIMUM $200 FINE FOR EXCEEDING THE
POSTED SPEED LIMIT ON BRANDY OAKS BOULEVARD AND
MOUNTCASTLE ROAD
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Chesterfield County Board of Supervisors
has received a request from the Homeowners Association to
install signs on Brandy Oaks Boulevard (Route 5369)and
Mountcastle Road (Route 5368) indicating a maximum additional
fine for speeding of $200, in addition to other penalties
provided by law; and
WHEREAS, Brandy Oaks Boulevard and Mountcastle Road are
local residential streets with a posted speed limit of 25
mph; and
WHEREAS, the Virginia Department of Transportation
collected speed data on Brandy Oaks Boulevard and Mountcastle
Road indicating that the average speed of vehicles was over
30 miles per hour, and that a speeding problem exists; and
WHEREAS, a letter supporting the additional fine has
been received from the Homeowners' Association, indicating
that the additional fine has the support of the community.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors requests the Virginia Department of
Transportation to install signs advising of an additional
maximum $200 fine for exceeding the posted speed limit on
Brandy Oaks Boulevard and Mountcastle Road.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.C.2. APPROPRIATION OF FUNDS FROM THE CHESTERFIELD COUNTY
FAIR ASSOCIATION TO THE PARKS AND RECREATION
DEPARTMENT FOR PAVING IMPROVEMENTS AT THE FAIRGROUNDS
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
authorized the County Administrator to receive and
appropriate a $100,000 donation from the Chesterfield County
Fair Association to the Parks and Recreation Department for
paving improvements at the fairgrounds.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
B.C.3. ESTABLISHMENT OF SALARIES FOR THE 2016-2019 BOARD OF
SUPERVISORS
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the current Board compensation system for the 2016-
2019 Board of Supervisors including retaining the current
$37,008 base salary cap and the current Chair and Vice -Chair
supplements for calendar years 2016-2019.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
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8.C.4. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.C.4.a. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE
TRANSPORTATION DEPARTMENT FOR SIGNAGE AND TRAFFIC
CONTROL FOR THE SWIFT CREEK BRIDGE NAMING CEREMONY
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
transferred $4885 in Matoaca District Improvement Funds to
the Transportation Department for signage and traffic control
for the Swift Creek Bridge Naming Ceremony.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.C.4.b. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND
8.C.4.b.1. TO THE PARKS AND RECREATION DEPARTMENT FOR
IMPROVEMENTS AT HUGUENOT PARK
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
transferred $15,212 from the Midlothian District Improvement
Fund to the Parks and Recreation Department for improvements
to Huguenot Park to resurface the walking trails, add sand to
the volleyball court at each shelter, and screen the
maintenance compound and dumpster facility.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.C.4.b.2. TO THE POLICE DEPARTMENT FOR POLICE/TRAFFIC
COVERAGE AT THE BON AIR HISTORICAL SOCIETY'S
VICTORIAN DAY PARADE
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
transferred $1,281 from the Midlothian District Improvement
Fund to the Police Department for police/traffic coverage at
the Bon Air Historical Society's Victorian Day Parade.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.C.4.c. FROM THE CLOVER HILL DISTRICT TO THE PARKS AND
RECREATION DEPARTMENT TOWARD THE PURCHASE AND
INSTALLATION OF PLAYGROUND EQUIPMENT AT SWIFT
CREEK ELEMENTARY SCHOOL
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
transferred $5,000 from the Clover Hill District Improvement
Fund to the Parks and Recreation Department toward the
purchase and installation of playground equipment at Swift
Creek Elementary School.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
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8.C.4.d. FROM THE BERMUDA, CLOVER HILL, DALE, MATOACA AND
MIDLOTHIAN DISTRICT IMPROVEMENT FUNDS TO THE FIRE
AND EMERGENCY MEDICAL SERVICES DEPARTMENT FOR TWO
BRONZE CASTINGS FOR THE MEMORIAL WALL HONORING
FALLEN FIREFIGHTERS AND EMERGENCY MEDICAL
TECHNICIANS WHO HAVE DIED IN THE LINE OF DUTY
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
transferred a total of $10,000 in district improvement funds
($2,000 from each District) to the Chesterfield Fire and EMS
Department to purchase two bronze castings to be erected as
part of the memorial wall to honor fallen firefighters and
emergency medical technicians who have died in the line of
duty.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.C.4.e. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE
PARKS AND RECREATION DEPARTMENT TO PURCHASE AND
INSTALL LANDSCAPING ON PUBLIC PROPERTY AT GWALTNEY
BASEBALL FIELD LOCATED AT THOMAS DALE HIGH SCHOOL
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
transferred $6,275 from the Bermuda District Improvement Fund
to the Parks and Recreation Department to purchase and
install landscaping at Gwaltney Baseball Field at Thomas Dale
High School.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.C.5. SET DATE FOR PUBLIC HEARING TO CONSIDER BRIDGE THE
GAP ORDINANCE AMENDMENT -PART 2, AMENDMENTS TO
CHAPTERS 17 AND 19 OF THE COUNTY CODE
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
set the date of June 24, 2015, for a public hearing to
consider Bridge the Gap Ordinance Amendment -Part 2,
amendments to Chapters 17 and 19 of the County Code.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.C.6. APPROVAL OF WATER AND SEWER CONTRACT FOR SAINT IVES,
SECTION 1
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved a water and sewer contract for St. Ives, Section 1,
Contract Number 05-0245 and authorized the County
Administrator to execute any necessary documents.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
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05/27/15
8.C.7. REQUESTS FOR PERMISSION
8.C.7.a. FROM VICTOR E. BATTAILE AND BARBARA M. BATTAILE FOR
EROSION FABRIC AND RIP -RAP SHORELINE STABILIZATION
TO ENCROACH IN THE IMPOUNDMENT EASEMENT FOR SWIFT
CREEK RESERVOIR
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
granted Victor E. Battaile and Barbara M. Battaile permission
for erosion fabric and rip -rap shoreline stabilization to
encroach in the impoundment easement for Swift Creek
Reservoir, subject to the execution of a license agreement.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.C.7.b. FROM THE TRUSTEES OF FAITH AND FAMILY CHURCH FOR AN
EXISTING SIGN WITH BRICK BORDER AND BRICK COLUMNS
TO ENCROACH WITHIN PROPOSED RIGHT OF WAY ALONG
WALMSLEY BOULEVARD
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
granted the Trustees of Faith and Family Church permission
for an existing sign with brick border and brick columns to
encroach within proposed right of way along Walmsley
Boulevard, subject to the execution of a license agreement.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.C.7.c. FROM COSTELLA H. HALL TO INSTALL A PRIVATE WATER
SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY
ON ELOKOMIN AVENUE
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
granted Costella H. Hall permission to install a private
water service within a private easement to serve property at
10211 Elokomin Avenue, and authorized the County
Administrator to execute the water connection agreement. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.C.7.d. FROM CARY W. MURRELL, DIANE M. MURRELL, BRANDON
CAREY MURRELL AND FORREST TAYLOR MURRELL FOR AN
EXISTING AND PROPOSED BOAT DOCK TO ENCROACH IN THE
IMPOUNDMENT EASEMENT FOR SWIFT CREEK RESERVOIR
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
granted Cary W. Murrell, Diane M. Murrell, Brandon Carey
Murrell and Forrest Taylor Murrell, permission for an
existing and proposed boat dock to encroach in the
impoundment easement for Swift Creek Reservoir, subject to
the execution of a license agreement. ( It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
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8.C.7.e. FROM KAMRAN RAIKA AND ANA RAIKA TO CONSTRUCT A DOCK
IN THE IMPOUNDMENT EASEMENT FOR SWIFT CREEK
RESERVOIR
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
granted Kamran Raika and Ana Raika permission to construct a
dock in the impoundment easement for Swift Creek Reservoir,
subject to the execution of a license agreement. (It is noted
a copy of the plat is filed with the papers of this Board.)
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.C.7.f. FROM WJS HOLDINGS LLC FOR A CONCRETE SIDEWALK AND
DRIVE AISLE TO ENCROACH WITHIN A SIXTEEN -FOOT WATER
EASEMENT ACROSS PROPERTY ON VILLAGE SQUARE PLACE
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
granted WJS Holdings LLC permission for a concrete sidewalk
and drive aisle to encroach within a 16' water easement
across property at 14701 Village Square Place, subject to the
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.C.8. REQUEST TO QUITCLAIM PORTIONS OF A SIXTEEN -FOOT WATER
EASEMENT AND TWENTY -FOOT DRAINAGE EASEMENT ACROSS THE
PROPERTY OF DDR BERMUDA SQUARE LLC
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate
portions of a 16' water easement and 20' drainage easement
across the property of DDR Bermuda Square LLC. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.C.9. ACCEPTANCE OF PARCELS OF LAND ADJACENT TO WALMSLEY
BOULEVARD FROM THE TRUSTEES OF FAITH AND FAMILY
CHURCH
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
accepted the conveyance of four parcels of land containing a
total of 0.174 acres adjacent to Walmsley Boulevard from the
trustees of Faith and Family Church 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: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
15-335
05/27/15
8.C.10. AWARD OF A CONSTRUCTION CONTRACT AND CHANGE ORDERS
FOR THE DEER RUN DRIVE (ROUTE 360 TO CHITAL DRIVE)
SIDEWALK PROJECT, PHASE I
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
authorized the award of a construction contract, up to
$1,300,000, to lowest responsive and responsible bidder and
authorized the County Administrator to execute all necessary
change orders, to the full amount budgeted for the Deer Run
Drive (Route 360 to Chital Drive) Sidewalk Project, Phase I.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.C.11. APPROVAL OF AGREEMENTS FOR THE CHESTERFIELD CENTER
FOR THE ARTS AND SET A PUBLIC HEARING TO CONSIDER A
GROUND LEASE
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
authorized the County Administrator to execute a development
agreement, an operating agreement and associated real
property agreements substantially in accordance with terms of
the document filed with the papers of this Board and in a
form approved by the County Attorney, for the Chesterfield
Center for the Arts; and set a public hearing for July 22,
2015, for the purposes of considering a ground lease.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.C.12. AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO
EXECUTE THE SPECIAL PROJECT SERVICE AGREEMENT FOR
APPLIANCE AND SCRAP METAL DELIVERY AND RECYCLING
SERVICES THROUGH THE CENTRAL VIRGINIA WASTE
MANAGEMENT AUTHORITY
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
authorized the County Administrator to execute the special
service project service agreement for appliance and scrap
metal delivery and recycling services through the Central
Virginia Waste Management Authority.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
9. REPORTS
9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
LEASE PURCHASES
9.B. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY
SYSTEM
9.C. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD
DETERMINATION FOR CHESTERFIELD COUNTY PARKS AND
RECREATION (CASE 15PD0193) TO PERMIT EXPANSION OF A
SPECIAL PURPOSE PARK IN AN AGRICULTURAL (A) DISTRICT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
accepted the following reports: a Report on Status of General
Fund Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases; and a Report of
Planning Commission Substantial Accord Determination for
Chesterfield County Parks and Recreation (Case 15PD0193) to
Permit Expansion of a Special Purpose Park in an Agricultural
(A) District.
15-336
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And, further, the following roads were accepted into the
State Secondary System:
ADDITION LENGTH
Bailey's Grove, Section B
(Effective 3/26/2015)
Bailey's Lane (Route 7253) - From 0.03 miles
south Bailey's Path Road (Route 7252) to 0.31
miles south to Fox Maple Court (Route 4577) 0.31 miles
Charleston Estates
(Effective 3/27/2015)
Old Exchange Place (Route 7586) - From Charles
Towne Road (Route 7585) to Cul-de-sac 0.05 miles
Charles Towne Road (Route 7585) - From Stigall
Drive (Route 759) to Old Exchange Place
(Route 7586) 0.05 miles
Charles Towne Road (Route 7585) - From Old
Exchange Place (Route 7586) to Cul-de-sac 0.16 miles
Kelly Green Drive
(Effective 3/31/2015)
Kelly Green Drive (Route 7675) - From 0.59
miles south Genito Road (Route 604) to
Old Hundred Road (Route 754) 0.05 miles
Kelly Green Drive (Route 7675) - From 0.36
miles south Genito Road (Route 604) to 0.59
miles south Genito Road (Route 604) 0.23 miles
Kelly Green Drive (Route 7675) - From
Genito Road (Route 604) to 0.10 miles
South Genito Road (Route 604) 0.10 miles
Kelly Green Drive (Route 7675) - From 0.19
miles south Genito Road (Route 604) to 0.36
miles south Genito Road (Route 604) 0.17 miles
Kelly Green Drive (Route 7675) - From 0.10
miles south Genito Road (Route 604) to 0.19
miles south Genito Road (Route 604) 0.09 miles
Magnolia Green Parkway and Championship Crossing
(Effective 3/31/2015)
Championship Crossing (Route 7540) - From 0.85
miles south Route 7615 to Magnolia
Green Parkway (Route 7692) 0.13 miles
Magnolia Green Parkway (Route 7692) - From 0.35
miles north Route 360 to Championship
Crossing (Route 7540) 0.09 miles
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Championship Crossing (Route 7540) - From 0.76
miles south Route 7615 to 0.85 miles South
Route 7615 0.09 miles
Championship Crossing (Route 7540) - From
existing Route 7540 0.01 miles south Route
7615 to 0.76 miles south Route 7615 0.75 miles
Magnolia Green Parkway (Route 7692) - From
Route 7540 Championship Crossing to 0.01
miles west Route 7540 0.01 miles
Magnolia Green Parkway (Route 7692) - From
Hull Street Road (Route 360) to 0.35 miles
north Route 360 0.35 miles
Queens Grant Section 6
(Effective 3/31/2015)
Old Fort Drive (Route 7725) - From Old Fort
Place (Route 7726) to Cul-de-sac 0.09 miles
Old Fort Drive (Route 7725) - From Royal
Crest Drive (Route 5759) to Old Fort Place
(Route 7726) 0.06 miles
Royal Crest Drive (Route 5759) - From Royal
Crest Court (Route 7724) to Old Fort Drive
(Route 7725) 0.13 miles
Royal Crest Court (Route 7724) - From Royal
Crest Drive (Route 5759) to Cul-de-sac 0.14 miles
Royal Crest Drive (Route 5759) - From 0.03
miles west of Queens Grant Drive (Route 5758)
to Royal Crest Court (Route 7724) 0.08 miles
Old Fort Place (Route 7726) - From Old Fort
Drive (Route 7725) to Cul-de-sac 0.10 miles
Royal Crest Drive (Route 5759) - From Old
Fort Drive (Route 7725) to 0.04 miles west to
Royal Crest Drive (Route 5759) 0.04 miles
Sundial Farms Section 1
(Effective 3/31/2015)
Kalliope Court (Route 7737) - From Kalliope
Drive (Route 7735) to Cul-de-sac
Kalliope Place (Route 7736) - From Kalliope
Drive (Route 7735) to Cul-de-sac
Kalliope Drive (Route 7735) - From Isadora
Drive (Route 7731) to End of Maintenance
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0.07 miles
0.10 miles 14j
0.06 miles
05/27/15
Kalliope Drive (Route 7735) - From Kalliope
Place (Route 7736) to Isadora Drive
(Route 7731) 0.21 miles
Kalliope Drive (Route 7735) - From Eastfair
Drive (Route 5186) to Kalliope Place
(Route 7736) 0.16 miles
Europa Drive (Route 7734) - From Isadora
Drive (Route7731) to End of Maintenance 0.07 miles
Isadora Place (Route 7733) - From Isadora
Drive (Route 7731) to End of Maintenance 0.07 miles
Aldera Lane (Route 7732) - From Isadora
Drive (Route 7731) to End of Maintenance 0.07 miles
Isadora Drive (Route 7731) - From Kalliope
Drive (Route 7735) to Cul-de-sac 0.10 miles
Isadora Drive (Route 7731) - From Europa
Drive (Route 7734) to Kalliope Drive
(Route 7735) 0.11 miles
Isadora Drive (Route 7731) - From Isadora
Place (Route 7733) to Europa Drive
(Route 7734) 0.10 miles
Isadora Drive (Route 7731) - From Aldera
Lane (Route 7732) to Isadora Place
(Route 7733) 0.10 miles
Isadora Drive (Route 7731) - From Eastfait
Drive (Route 5186) to Aldera Lane
(Route 7732) 0.40 miles
The Vineyard at Forest View - Section 2
(Effective 3/31/2015)
Forest Vine Court (Route 7690) - From
Forest Vine Drive (Route 7689) to
Cul-de-sac 0.03 miles
Forest Vine,Place (Route 7688) - From
Brevard Drive (Route 7381) to Cul-de-sac 0.06 miles
Forest Vine Drive (Route 7689) - From
Forest Vine Court (Route 7690) to Cul-de-sac 0.03 miles
Forest Vine Drive (Route 7689) - From
Brevard Drive (Route 7381) to Route 7690
Forest Vine Court 0.07 miles
Brevard Drive (Route 7381) - From Forest
Vine Place (Route 7688) to east to end of
section 0.03 miles
Brevard Drive (Route 7381) - From Existing
West Brevard Drive (Route 7381) to Forest
Vine Place (Route 7668) 0.06 miles
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The Vineyard at Forest View - Section 3
(Effective 3/31/2015)
Brevard Drive (Route 7381) - From
Fallen Pine Court (Route 7691) to
Mariposa Drive (Route 4502) 0.10 miles
Brevard Drive (Route 7381) From 0.03 miles
east Forest Vine Place (Route 7688) to
Fallen Pine Court (Route 7691) 0.03 miles
Fallen Pine Court (Route 7691) - From
Brevard Drive (Route 7381) to Cul-de-sac 0.06 miles
Woodlands Phase 2: Remainder Phase 1
(Effective 3/27/2015)
Mall Drive (Route 819) - From 0.27 miles
north of Koger Center Boulevard (Route 849)
to 0.32 miles North of Koger Center Boulevard
(Route 849) 0.05 miles
Mall Drive (Route 819) - From 0.42 miles
north of Koger Center Boulevard (Route 849)
to Robious Road (Route 675) 0.18 miles
Mall Drive (Route 819) - From 0.32 miles
north of Koger Center Boulevard (Route 849) to
0.42 miles north of Koger Center Boulevard
(Route 849) 0.10 miles
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
10. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
11. DINNER
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
recessed to Room 502 for dinner.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
Reconvening:
Mr. Elswick noted Mr. Warren's absence from the evening
session due to illness.
12. INVOCATION/MOMENT OF SILENCE
The Honorable James M. "Jim" Holland, Dale District
Supervisor, led the invocation.
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13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Alan O'Keefe and Members of Troop 869 led the
Pledge of Allegiance to the Flag of the United States of
America.
14. RESOLUTIONS
14.A. RECOGNIZING THE OUTSTANDING SCOUTING CAREER OF MR.
ALAN THOMAS O'KEEFE
Ms. Pollard introduced Mr. Alan Thomas O'Keefe who was
present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and -
WHEREAS, Mr. Alan Thomas O'Keefe, a senior at James
River High School, has been active in Troop 869, sponsored by
Salisbury Presbyterian Church, since he was in the sixth
grade; and
WHEREAS, Mr. O'Keefe has held nearly every leadership
position in the troop, which was founded in 1973; and
WHEREAS, due to Mr. O'Keefe's high standards of
commitment, he earned him the coveted rank of Eagle Scout in
2012 and was recognized by the Chesterfield County Board of
Supervisors for that achievement on January 23, 2013; and
WHEREAS, after earning the rank of Eagle Scout, scouts
who continue to remain active in their troop and complete
five additional merit badge requirements are eligible for an
Eagle Palm; and
WHEREAS, continuing in his scouting journey, Mr. O'Keefe
earned a total of seven Eagle Palms, by completing 35
additional merit badge requirements after. becoming an Eagle
Scout; and
WHEREAS, this level of achievement is unmatched in Troop
869 and places Mr. O'Keefe in unique standing in the Central
Virginia Region; and
WHEREAS, although Mr. O'Keefe turned 18 in March, he can
still be found on most Tuesday evenings teaching and
mentoring the younger scouts of Troop 869.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 27th day of May 2015,
publicly recognizes Mr. Alan Thomas O'Keefe, extends
congratulations on his exemplary achievements in scouting,
acknowledges the good fortune of the county to have such an
outstanding young man as its citizen, and wishes him much
success in future endeavors.
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AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. O'Keefe and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Elswick, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Warren.
Mr. Gecker presented the executed resolution to Mr. O'Keefe
and highly praised his outstanding achievements in scouting.
Mr. O'Keefe, accompanied by members of his family, sincerely
thanked the Board for the special recognition.
14.B. RECOGNIZING THE 2015 WINNERS OF THE MISS CHESTERFIELD
SCHOLARSHIP PAGEANT
Ms. Pollard introduced Ms. Kyle Grinnage, Executive Director
of the Miss Chesterfield Scholarship Pageant, and the 2015
Miss Chesterfield Scholarship Pageant winners, who were
present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, the Miss Chesterfield Scholarship Organization,
Inc. is a non-profit organization that serves outstanding
young women; and
WHEREAS, the Miss Chesterfield Scholarship Organization
conducts the Miss Chesterfield Scholarship Pageant, which is
a preliminary pageant to the Miss Virginia Scholarship and
Miss America pageants; and
WHEREAS, the Miss America Organization is one of the
nation's leading achievement programs and the world's largest
provider of scholarship assistance for young women; and
WHEREAS, the Miss Chesterfield Scholarship Organization
provides young women with opportunities that can lead to
scholarship assistance to help prepare them for successful
careers; and
WHEREAS, in 2015, the Miss America Organization and its
state and local organizations will provide more than $45
million in cash and scholarship assistance; and
WHEREAS, the Miss America Organization also has
partnered with Children's Miracle Network to raise funds and
awareness for children's hospitals throughout the United
States; and
WHEREAS, the Miss Chesterfield Scholarship Organization
provides girls aged 4-9 an opportunity to participate in a
non-competitive Princess program that includes group
community service activities; and
WHEREAS, Miss Chesterfield goes on to compete in the
Miss Virginia Scholarship Pageant, which is a preliminary
pageant to the Miss America pageant; and
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WHEREAS, the Miss Chesterfield Outstanding Teen advances
to compete in the Miss Virginia's Outstanding Teen Pageant,
which is a preliminary pageant to Miss America's Outstanding
Teen Pageant; and
WHEREAS, Miss Chesterfield's Outstanding Preteen also
competes at the state level; and
WHEREAS, in these activities, young women develop
presentation skills, poise, charm and grace while having the
opportunity to provide community service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 27th day of May 2015,
publicly recognizes the important contributions of the Miss
Chesterfield Scholarship Organization, Incorporated to the
development of young women and to their future success, and
congratulates the 2015 pageant winners: Miss Chesterfield,
Katie Mitchell; Miss Chesterfield's Outstanding Teen,
Elizabeth Morgan Allen; Miss Chesterfield's Outstanding
Preteen, Hannah Rhudy; and Miss Chesterfield's Princesses,
Robbieloretta Burr, Ryann Elyse Richardson, Kennedy Simone
Ross and Londyn Slappy.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to the winners of this year's pageant
and that this resolution be permanently recorded among the
papers of this Board of Supervisors of Chesterfield County,
Virginia.
Ayes: Elswick, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Warren.
Mr. Holland presented the executed resolutions to each of the
pageant winners and congratulated them on their exemplary
achievements.
Ms. Grinnage and members of the organization expressed
appreciation to the Board for the recognition and continued
support.
Each pageant winner introduced themselves and briefly
described their future goals and volunteer work.
14.C. RECOGNIZING THE 20TH ANNIVERSARY OF SAINT MARK'S
UNITED METHODIST CHURCH'S MENTORING PROGRAM AT
EVERGREEN ELEMENTARY SCHOOL
Ms. Pollard introduced representatives from Saint Mark's
United Methodist Church, Evergreen Elementary School and Ms.
Diane Smith, Clover Hill School Board member, who were
present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, the partnership between St. Mark's United
Methodist Church and Evergreen Elementary was founded 20
years ago to provide mentoring support to Chesterfield County
Public School students; and
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WHEREAS, St. Mark's has been instrumental in encouraging
church members to volunteer with the group to provide support
at neighborhood schools; and
WHEREAS, the group has provided mentoring services to
help students achieve academically and socially, and also
provided school supplies to Evergreen Elementary and
Chesterfield County Public Schools at no cost to the county;
and
WHEREAS, the program has successfully united members of
the St. Mark's community with Evergreen Elementary in a
manner that benefits all involved, especially our students;
and
WHEREAS, the program has provided the opportunity to
engage Chesterfield County high school students and other
community members to participate in mentoring for the benefit
of Evergreen Elementary students; and
WHEREAS, the teachers and administrators have gratefully
accepted the support of volunteers and are very appreciative
of the difference they have made in their schools; and
WHEREAS, this successful program can serve as a model
for use in other county schools.
NOW THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 27th day of May 2015, on
behalf of all Chesterfield County residents, expresses
appreciation for the outstanding volunteerism of the St.
Mark's United Methodist Church community and extends best
wishes for the continued partnership of St. Mark's and
Evergreen Elementary School to promote student success in the
community.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to St. Mark's United Methodist Church
and Evergreen Elementary School, and that this resolution be
permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Elswick, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Warren.
Mr. Holland and Ms. Smith presented the executed resolution
to representatives from Saint Mark's United Methodist Church
and Evergreen Elementary School and expressed their sincere
appreciation for their outstanding partnership in order to
promote student success in the community.
Each representative expressed their appreciation to the Board
for the special recognition.
15. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Paul Grasewicz addressed the Board regarding suggested
technical adjustments to Sections 10 and 11 of the county
Cash Proffer Policy.
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16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTION 18
09SN0141
In Dale Magisterial District, Cascade Creek Homes, Inc.
requests rezoning and amendment of zoning district map from
Residential (R-9) to Neighborhood Business (C-2) on 12.5
acres located in the northeast corner of the intersection of
Cogbill Road and Five Forks Lane. Density will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Industrial use. Tax ID 762 -678 -Part of 4600.
Mr. Turner stated Mr. Holland is requesting that Case
09SN0141 be remanded to the Planning Commission for further
review.
Mr. Jim Theobald, representing the applicant, concurred with
the remand request.
Mr. Elswick called for public comment.
There being no one to speak to the request, the public
hearing was closed.
On motion of Mr. Holland, seconded by Mr. Gecker, the Board
remanded Case 09SN0141 back to the Planning Commission.
Ayes: Elswick, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Warren.
15SN0618
In Bermuda Magisterial District, Plantation Haven LLC
requests conditional use planned development to permit
exceptions relative to existing additions to manufactured
homes and amendment of zoning district map in Manufactured
Home Park (MH -1) and General Business (C-5) Districts on 7.1
acres fronting 350 feet on the west line of Jefferson Davis
Highway, 175 feet north of Whitehouse Road, also fronting 620
feet on the north line of Whitehouse Road, 285 feet west of
Jefferson Davis Highway. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Community Mixed use.
Tax IDs 799-629-0432 and 1049.
Mr. Turner stated Ms. Jaeckle is requesting a deferral to the
August 26, 2015 regularly scheduled meeting.
The applicant was not present.
Mr. Elswick called for public comment.
No one came forward to speak to the deferral.
On motion of Ms.. Jaeckle, seconded by Mr. Gecker, the Board
deferred Case 15SN0618 until August 26, 2015.
Ayes: Elswick, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Warren.
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14SN0508
(AMENDED) In Bermuda Magisterial District, Centralia Station
LLC requests amendment of zoning (Case 93SN0147) relative to
density and access and amendment of zoning district map in
Agricultural (A) and Residential (R-7, R-9 and R-12)
Districts on 73.3 acres fronting 20 feet on the south line of
Centralia Road, 510 feet on the east line of Centralia
Station, 600 feet west of Chester Road. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Residential use (1 and 1.5 dwellings per acre or less). Tax
ID 786-660-5178.
Mr. Turner stated staff is requesting a deferral to the
October 28, 2015 regularly scheduled meeting.
Mr. George Emerson accepted the deferral.
Mr. Elswick called for public comment.
No one came forward to speak to the deferral.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
deferred Case 14SN0508 until October 28, 2015.
Ayes: Elswick, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Warren.
1gcun1Ao
In Bermuda Magisterial District, Charles D. Joyner, Jr.
requests renewal of temporary manufactured home permit (Case
08SN0200) to permit a temporary manufactured home and
amendment of zoning district map in a Residential (R-7)
District on .3 acre known as 7600 Senate Street. Density is
approximately 3.3 units per acre. The Comprehensive Plan
suggests the property is appropriate for Residential use
(2.51-4 units/acre). Tax IDs 788-677-6297 and 6194; and 788-
678-6201.
Mr. Turner presented a summary of Case 15SN0149 and stated
staff recommended approval, subject to the conditions.
Mr. Charles D. Joyner, Jr. accepted the conditions.
Mr. Elswick called for public comment.
Mr. Paul Barr, neighboring property owner, urged the Board to
approve the home permit.
There being no one else to address the request, the public
hearing was closed.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
approved Case 15SN0149, subject to the following conditions:
1. The applicant shall be the owner and occupant of the
manufactured home. (P)
2. No permanent -type living space, other than the existing
addition, may be added onto this manufactured home. This
manufactured home shall be skirted but shall not be
placed on a permanent foundation. (P)
Ayes: Elswick, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Warren.
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15SN0611
In Dale Magisterial District, SBA requests conditional use to
permit a communications tower and amendment of zoning
district map in a Light Industrial (I-1) District on .1 acre
fronting 20 feet on the western terminus of Virginia Pine
Court, 1060 feet west of White Pine Road. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Industrial use. Tax ID 765 -670 -Part of 6637.
Mr. Turner presented a summary of Case 15SN0611 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Ms. Tracy Themack, representing the applicant, accepted the
recommendation.
Mr. Elswick called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Mr. Holland, seconded by Mr. Gecker, the Board
approved Case 15SN0611 and accepted the following proffered
conditions:
1. There shall be no signs permitted to identify this use.
(P)
2. The base of the tower shall be enclosed by a wood board -
on -board fence designed to preclude trespassing and to
screen the base of the tower and ground -mounted
equipment from adjacent properties (the "Fence"). The
Fence shall have a height equal to or greater than the
height of the tallest ground-based equipment or shelter
(excluding the tower) installed within the fenced
compound. The fence shall be placed so as to provide
sufficient room between the fence and the lease boundary
to accommodate evergreen plantings having an initial
height and spacing designed to soften the visual impact
of the fence from adjacent properties and public rights
of way. A detailed plan depicting this requirement
shall be submitted to the Planning Department for
approval in conjunction with plans review. (P)
3. The color, design and lighting system for the tower
shall be as follows:
a. The tower shall be gray or another neutral color,
acceptable to the Planning Department.
b. The tower shall only be lighted at night by a red
FAA approved obstruction light with upward
reflection. The exact design shall be approved by
the Chesterfield Airport during plans review.
C. The tower shall be a monopole structure.
d. No satellite dish and microwave dish antennas shall
be attached to the telecommunications tower. (A &
P)
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4. Any building or mechanical equipment shall comply with
the Zoning Ordinance relative to architectural treatment
of building exteriors and screening of mechanical
equipment in O, C and I Districts. (P)
5. Prior to use of this telecommunications tower, the owner
of the tower shall obtain approval of the structural
integrity by a registered professional engineer licensed
in Virginia and a copy of the report filed with the
Planning Department. (P)
6. The tower shall not exceed an overall height of eighty-
one feet (811) including the one foot (11) tall
lightning rod. (P)
7. At such time that the tower ceases to be used for
communications purposes for a period exceeding twelve
(12) consecutive months, the owner/developer shall
dismantle and remove the tower and all associated
equipment from the property. (P)
Ayes: Elswick, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Warren.
15SN0621
In Matoaca Magisterial District, Chesterfield County Board of
Supervisors propose rezoning from Agricultural (A) to
Residential (R-15) and amendment of zoning district map on .5
acre fronting 8 feet on the west line of Talon Point Court,
250 feet south of Talon Point Drive. Residential use of up to
2.90 units per acre is permitted in the Residential (R-15)
District. The Comprehensive Plan suggests the property is
appropriate for Residential Agricultural use (maximum of 0.5
dwellings per acre). Tax ID 764-608-3499.
Mr. Turner presented a summary of Case 15SNO621 and stated
both the Planning Commission and staff recommended approval
and acceptance of one proffered condition.
Mr. Elswick called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
approved Case 15SNO621 and accepted the following proffered
condition:
The property shall not be further subdivided. (P)
Ayes: Elswick, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Warren.
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15SNO623
In Bermuda Magisterial District, Wilma Raucci requests
conditional use to permit a family day-care home and
amendment of zoning district map in a Residential (R-7)
District on .2 acres known as 2306 Arcadia Avenue. Density
will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Residential use (2.51-4.0 units/acre). Tax ID
798-660-8059.
Mr. Turner presented a summary of Case 15SNO623 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Ms. Wilma Raucci accepted the recommendation.
Mr. Elswick called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
approved Case 15SNO623 and accepted the following proffered
conditions:
1. Non -Transferable Ownership: This conditional use
approval shall be granted to and for Wilma Raucci,
exclusively, and shall not be transferable nor run with
the land. (P)
2. Expansion of Use: There shall be no exterior additions
or alterations to the existing structure to accommodate
this use. (P)
3. Signage: There shall be no signs permitted to identify
this use. (P)
4. Number of Children: This conditional use approval shall
be limited to providing care, protection and guidance to
a maximum of twelve (12) children, other than the
applicant's own children, at any one time. (P)
5.. Hours of Operation: Hours and days of operation shall be
limited to Monday through Friday from 6 a.m. to 6 p.m.
There shall be no Saturday or Sunday operation of this
use. (P)
6. Time Limitation: This conditional use approval shall be
granted for a period not to exceed ten (10 ) years from
the date of approval. (P)
7. Fenced Outdoor Play Areas: Any outdoor play area and/or
recreational equipment utilized by the family day-care
home shall be located in the side or rear yard of the
property. Outdoor play and/or recreational equipment
areas shall have perimeter fencing of at least four feet
in height, installed around the equipment or play area.
Equipment for outdoor play areas shall be located no
closer than ten (10) feet to the side or rear property
lines. (P)
8. Employees: No more than one (1) employee shall be
permitted to work on the premises, other than family
member employees that live on the premises. (P)
Ayes: Elswick, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Warren.
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15SN0625
In Dale Magisterial District, Cheryl B. Morman and Andre D.
Morman request conditional use to permit a family day-care
home and amendment of zoning district map in a Residential
(R-9) District on .3 acres known as 5919 Silver Oak Lane.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Suburban Residential II use (2.0 to 4.0
dwellings per acre). Tax ID 785-685-1292.
Mr. Turner presented a summary of Case 15SN0625 and stated
both the Planning Commission and staff recommended approval
and acceptance of the one proffered condition.
Mr. and Mrs. Morman accepted the recommendation.
Mr. Elswick called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
approved Case 15SN0625 and accepted the following proffered
conditions:
1. Non -Transferable Ownership: This conditional use
approval shall be granted to and for Andre and Cheryl
Morman, exclusively, and shall not be transferable nor
run with the land. (P)
2. Expansion of Use: There shall be no exterior additions
or alterations to the existing structure to accommodate
this use. (P)
3. Signage: There shall be no signs permitted to identify
this use. (P)
4. Number of Children: This conditional use approval shall
be limited to providing care, protection and guidance to
a maximum of twelve (12) children, other than the
applicant's own children, at any one time. (P)
5. Time Limitation: This conditional use approval shall be
granted for a period not to exceed five (5) years from
the date of approval. (P)
6. Fenced Outdoor Play Areas: Any outdoor play area and/or
recreational equipment utilized by the family day-care
home shall be located in the side or rear yard of the
property. Outdoor play and/or recreational equipment
areas shall have perimeter fencing of at least four feet
in height, installed around the equipment or play area.
Equipment for outdoor play areas shall be located no
closer than fifteen (15) feet to the side or rear
property lines. (P)
7. Employees: No more than one (1) full-time and one (1)
part-time employee shall be permitted to work on the
premises at any given time other than family member
employees that live on the premises. (P)
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8. Hours of Operation: Hours and days of operation shall
be limited to Monday through Sunday from 6 a.m. to 6
p.m., except that a maximum of four (4) children may be
kept between the hours of 6 p.m. and 12 a.m. Monday
through Sunday. (P)
Ayes: Elswick, Jaeckle, Holland and Gecker.
Nays: None.
Absent: warren.
15SN0627
In Clover Hill Magisterial, District, Stafford Cassell
requests rezoning from General Business (C-5) and Corporate
Office (0-2) to Community Business (C-3) plus conditional use
to permit a tattoo parlor (to include body piercing) and
amendment of zoning district map on 3.3 acres known as 11501
Hull Street Road. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Neighborhood
Business and Corporate Office uses. Tax ID 741-682-9068.
Mr. Turner presented a summary of Case 15SN0627 and stated
both the Planning Commission and staff recommended approval
and acceptance of the one proffered condition.
Mr. Stafford Cassell accepted the recommendation.
Mr. Elswick called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Mr. Holland, seconded by Mr. Gecker, the Board
approved Case 15SN0627 and accepted the following proffered
condition:
Permitted Uses - The following uses shall be permitted:
A. Uses permitted by -right or with restrictions in the
Neighborhood Business (C-2) District.
B. Motor vehicle sales, service, repair and rental provided
that:
1. Motor vehicle sales shall be limited to the sale of
motorcycles and, incidental to motorcycle sales,
passenger vehicle sales. Storage of a maximum of
three (3) passenger vehicles for sale shall be
permitted.
2. Motor vehicle sales and rental shall not include
commercial vehicles such as buses; tractor -trailer
trucks; dump trucks; stake bed trucks; vans where
the cargo area cannot be accessed from the driver's
seat without exiting the vehicle and/or cab and
chassis vehicles; construction equipment; and motor
vehicle consignment lots.
3. Except for motorcycles, motor vehicle repair shall
not include body, major engine and transmission
repair.
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05/27/15
4. Storage yards for vehicles awaiting repair shall be
screened from view of adjacent properties and from
external public roads.
S. Except for minimal repairs necessary to allow a
vehicle to be moved into the service area, all
allowed repair activities and storage of new or
replacement repair materials shall occur inside of
a building.
6. There shall be no elevated display of motor
vehicles.
7. All garage type doors shall be oriented away from,
or screened from view of adjacent office zoned
properties and external public roads.
C. Tattoo parlor (to include body piercing) provided such
use is conducted in compliance with all laws regulating
such use. (P)
Ayes: Elswick, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Warren.
15SN0628
In Midlothian Magisterial District, ME Founders Bridge, LLC
and Eagle Construction of Va., LLC request amendment of
zoning (Case 05SN0320) to reduce cash proffers and amendment
of zoning district map in a Residential (R-25) District on
22.5 acres fronting both sides of Michaux Valley Way and
Michaux Valley Circle, east of North Otterdale Road. Density
will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Low Density Residential use (maximum of 1.0
dwelling per acre). Tax IDs 717-716-5691, 6281, 6673, 6860,
7449, 7938, 8190, 8227, 8415, 9085 and 9676; 717-717-0781,
4025, 4410, 5001, 6522, 7210, 8312 and 9608; 718-715-0071 and
0888; 718-716-0245, 0365, 0922, 1301, 1355, 1591, 1811, 2029,
2281, 2838, 2973 and 3449; and 718-717-0602.
Mr. Turner presented a summary of Case 15SN0628 and stated
both the Planning Commission and staff recommended approval
and acceptance of the one proffered condition.
Mr. Mark Kukoski, representing the applicant, accepted the
recommendation.
Mr. Elswick called for public comment.
There being no one to address the request, the public hearing
was closed.
Mr. Gecker stated the idea that the case is just a typical
proffered case is not really accurate. He further stated the
case is being brought in line with the current cash proffer
policy.
Mr. Gecker then made a motion, seconded by Ms. Jaeckle, for
the Board to approve Case 15SN0628 and accept the following
proffered condition:
Cash Proffers: For each dwelling unit, the applicant, sub-
divider, or assignee(s) shall pay the following to the County
of Chesterfield, prior to the issuance of a building permit
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for infrastructure improvements within the cash proffer
service district for the property, unless state law prevents
enforcement of that timing:
a) $18,966 per dwelling unit for the period beginning
the July 1 preceding the Board of Supervisors,
approval of the case through July 1 four years
later, at which point the amount will be adjusted
for the cumulate change in the Marshall and Swift
Building Cost index during that time period.
b) Thereafter, the per dwelling unit cash proffer
amount shall be automatically adjusted, annually,
by the annual change in the Marshall and Swift
Building Cost Index on July 1 of each year.
c) Cash proffer payments shall be spent for the
purposes proffered or as otherwise permitted by
law. (B)
Ayes: Elswick,
Nays: None.
Absent: Warren.
15SN0616
Jaeckle, Holland and Gecker.
In Bermuda Magisterial District, PI Telecom Infrastructure,
LLC requests a conditional use to permit a communications
tower and amendment of zoning district map in an Agricultural
(A) District on 9.6 acres known as 900 Enon Church Road.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Suburban Residential II use (2.0 to 4.0
dwellings per acre). Tax ID 820-643-1987.
Mr. Turner presented a summary of Case 15SN0616 and stated
staff cannot support the request because it does not comply
with the Public Facilities Plan and does not comply with the
Telecommunications Tower Siting Policy. He further stated the
Planning Commission recommended approval of the request
because of the adequate vegetation and setbacks from I-295 to
minimize visibility and noted there was no community
opposition.
Mr. William Shewmake, representing the applicant, stated a
154 foot monopole communications tower with flush mounted
antennas is proposed on a parcel occupied by a church use. He
further stated there is a critical need for cell phone
coverage in the area along the I-295 corridor and surrounding
neighborhoods.
Mr. Elswick called for public comment.
Mr. Freddy Boisseau urged the Board to approve the request.
There being no one else to address the request, the public
hearing was closed.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
approved Case 15SN0616 and accepted the following proffered
conditions:
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05/27/15
1. The tower shall be located as generally depicted on the
plans prepared by B C Architects Engineers, dated
October 23, 2014, and titled "Proposed 150' Brown
Stealth Monopole in a New Fenced Compound" . (P)
2. There shall be no signs permitted to identify this use.
(P)
3. The base of the tower shall be enclosed by a minimum six
(6) foot high fence designed to preclude trespassing.
The fence shall be placed so as to provide sufficient
room between the fence and the lease boundary line to
accommodate evergreen plantings having an initial height
and space to provide screening of the base of the tower
and accessory ground -mounted equipment or structures
from adjacent properties. A detailed plan depicting
this requirement shall be submitted to the Planning
Department for approval in conjunction with final
site plan review. (P)
4. The color, design and lighting system for the tower
shall be as follows:
a. The tower shall be brown or another neutral color,
acceptable to the Planning Department;
b. The tower shall not be lighted;
C. The tower shall be a monopole structure with flush
mounted antennas; and
d. Any satellite dish and microwave dish antennas
attached to the telecommunications tower shall not
exceed six (6) feet in diameter and shall be of a
neutral color with no logos. (P)
5. Any building or mechanical equipment shall comply with
the Zoning Ordinance relative to architectural treatment
of building exteriors and screening of mechanical
equipment in O, C, and I Districts. (P)
6. Prior to use of this telecommunications tower, the owner
of the tower shall obtain approval of the structural
integrity by a registered professional engineer licensed
in Virginia and a copy of the report file with the
Planning Department. (P)
7. The tower shall not exceed a height of 154 feet, which
includes a 4 foot lighting rod. (P)
8. At such time that the tower ceases to be used for
communications purposes for a period exceeding twelve
(12) consecutive months, the owner/developer shall
dismantle and remove the tower and all associated
equipment from the property. (P)
9. The site shall be located and graded away from the
adjacent Cobbs Point Subdivision so that it will drain
in the direction of I-295 and/or the road side ditch of
Enon Church Road. (EE)
10. A forty foot wide tree preservation area shall be
provided along the western property line. Within this
area, trees a minimum of four inches in caliper shall be
retained. Such area shall comply with the requirements
of the Ordinance for tree preservation. (P)
Ayes: Elswick, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Warren.
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IE
PC
15SNO629
In Midlothian Magisterial District, St. Edwards Catholic
Church requests a conditional use to permit a graveyard and
amendment of zoning district map in a Residential (R-15)
District on .1 acre known as 10701 West Huguenot Road.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Suburban Residential II use (2.0 to 4.0
dwellings per acre). Tax ID 745 -718 -Part of 7019.
Mr. Turner presented a summary of Case 15SNO629 and stated
both the Planning Commission and staff recommended approval,
subject to the one condition and acceptance of one proffered
condition.
Mr. John Cogbill, representing the applicant, accepted the
recommendation. He stated the graveyard is proposed to
accommodate members of St. Edwards Catholic Church.
Mr. Elswick called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
approved Case 15SN0629, subject to the following condition:
Any modification to the exterior walls necessary to install
the crypts as part of the Memorial Garden Renovation shall be
architecturally harmonious with the existing Memorial Garden
and the Church. If any landscaping is removed as part of any
modification, such landscaping shall be replaced with
plantings that are compatible with the existing landscaping.
(P)
And, further, the Board accepted the following proffered
condition:
The Owners (the "Owners") in this zoning case, pursuant to
§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 Identification
Number 745-718-7019 (the "Property") under consideration will
be developed according to the following conditions if, and
only if, the application request for a Conditional Use
("CUP") is granted. In the event the request is denied or
approved with conditions not agreed to by the Owners, the
proffers shall immediately be null and void and of no further
force or effect.
1. The Property may be used for a graveyard in the
areas noted as "conditional use permit line" shown
on the site plan titled "Memorial Garden
Renovation" prepared by Fultz Architects. (P)
2. Graves provided within crypts or in the ground may
be visited only from inside the memorial garden.
(P)
Ayes: Elswick, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Warren.
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05/27/15
Ms. Jaeckle and Mr. Holland
outstanding contributions to
well in his retirement.
commended Mr. Cogbill for his
the community and wished him
Mr. Cogbill expressed his appreciation to the Board for their
kind sentiments.
13SNO521
In Matoaca Magisterial District, Lake Margaret, LLC requests
rezoning from Residential (R-88) to Residential (R-25) with
conditional use planned development to permit exceptions to
ordinance requirements and amendment of zoning district map
on 209.2 acres located in the southwest corner of Woodpecker
and Cattail Roads. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Residential
Agricultural use (maximum of 0.5 dwellings per acre). Tax ID
766-639-8114 and 767-640-1470.
Mr. Turner presented a summary of Case 13SNO521 and stated
staff cannot support the request because it fails to address
development impacts and there is no justification offered to
verify whether the exception meets the ordinance criteria for
granting acceptance. He further stated the Planning
Commission recommended approval because the request complies
with the Comprehensive Plan and it is appropriate to approve
a reduction in cash proffers for age restricted units.
Ms. Kristen Keatley, representing the applicant, accepted the
recommendation. She stated a single-family residential
subdivision with a maximum of 105 dwelling units is planned.
She further stated proffered conditions would limit occupancy
of a minimum of approximately 56 dwellings to "housing for
older persons."
Mr. Elswick called for public comment.
Mr. Paul Grasewicz voiced his support of a reduction in cash
proffer to eliminate a portion for schools for age -restricted
units. He urged the Board to approve the request.
There being no one else to address the issue, the public
hearing was closed.
Mr. Mincks noted Request 1 and Request 2 need to be voted on
separately.
Mr. Elswick made a motion, seconded by Mr. Holland, for the
Board to approve Request 1 of Case 13SNO521 and accept
proffered conditions 1-10.
Mr. Gecker stated eventually the Board is going to have to
consider whether age -restricted housing should be considered.
He further stated the Board has seen a lot of cases come back
that have been age -restricted seeking to remove the age
restriction as re -sales begin to occur and the market is too
limited for those re -sales to occur. He stated with Tascon,
the Board did age -targeted as opposed to age -restricted, to
accommodate that and the same proffer reduction was done, but
there was no formal restriction put on it. He further stated
he thinks the wording of the leveling of the proffer needs to
be looked at again. He stated if the next board makes
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9
9
M
changes in the proffer policy that takes something other than
cash for proffered amounts, Lake Margaret might end up
inadvertently and any future case, if this becomes standard
language, having zero or very limited proffers even though
the value in the new system might be gathered from other
sources. He further stated if the cash component goes down,
the Lake Margaret proffer goes down with it, and finally, not
to disagree with any of the speakers, but he added he would
like them to be considering the different pushes and pulls
that the proffer policy creates and to be thinking seriously
about, independent of the Lake Margaret issues, how the
county provides that disincentive for people to zone land
today knowing the proffer will never be worse than the
policy, but locking in a land use that might not be
appropriate as the area develops out. He noted he is happy to
support the case.
Mr. Elswick directed the County Administrator and staff to
consider changing proffer language to age -targeted versus
age -restricted as a means of dealing with impact of school
children in subdivisions and report back to the Board with
recommendations on proffer language.
Mr. Elswick called a vote on his motion, seconded by Mr.
Holland, for the Board to approve Request 1 of Case 13SN0521
and accept the following proffered conditions 1-10:
The Owner -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 itself and its
successors or assigns, proffers that the development of the
property will be developed as set forth below; however, in
the event the request is denied or approved with conditions
not agreed to by the Owner -Applicant, these proffers shall be
immediately null and void and of no further force or effect.
The Applicant hereby proffers the following conditions
applicable to Tax ids 766-639-8114 and 767-640-1470:
1. Master Plan. The textual statement dated April 16, 2015
and the Exhibit A entitled "Tract Boundary Exhibit",
prepared by Highmark Engineering, and dated February 5,
2015, shall be considered the Master Plan. (P)
2. Density. Density shall not exceed 0.5 units per
acre (P)
3. Transportation.
A. Dedications. In conjunction with recordation of the
initial subdivision plat or prior to any site plan
approval, whichever occurs first, the following
rights-of-way shall be dedicated, free and
unrestricted, to and for the benefit of
Chesterfield County:
i. Forty-five (45) feet of right of way, on the
south side of Woodpecker Road, measured from a
revised centerline of Woodpecker Road based on
VDOT Urban Minor Arterial (50 MPH) standards
with modifications approved by the
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05/27/15
Transportation Department, immediately
adjacent to the Property.
ii. Forty-five (45) feet of right of way, on the
west side of Cattail Road, measured from a
revised centerline of Cattail Road based on
VDOT Urban Minor Arterial (50 MPH) standards
with modifications approved by the
Transportation Department, immediately adjacent
to the Property.
B. Access. Direct vehicular access from the property
to Woodpecker Road shall be limited to one (1)
public. Direct vehicular access from the property
to Cattail Road shall be limited to one (1)
existing private driveway serving Tax ID 766-639-
8114. The exact location of the public access shall
be approved by the Transportation Department.
C. Road Improvements. The Applicant shall be
responsible for the following:
i. Widening/improving the south side of
Woodpecker Road to an eleven (11) foot wide
travel lane, measured from the centerline of
Woodpecker Road with an additional one (1)
foot wide paved shoulder plus a seven (7) foot
wide unpaved shoulder and overlaying the full
width of the road with one and one-half (1.5)
inches of compacted bituminous asphalt
concrete, with modifications approved by the
Transportation Department, for the entire
Property frontage.
ii. Widening/improving the west side of Cattail
Road to an eleven (11) foot wide travel lane,
measured from the centerline of Cattail Road
with an additional one (1) foot wide paved
shoulder plus a seven (7) foot wide unpaved
shoulder and overlaying the full width of the
road with one and one-half (1.5) inches of
compacted bituminous asphalt concrete, with
modifications approved by the Transportation
Department, for the entire Property frontage.
iii. Construction of additional pavement along
Woodpecker Road at the approved access to
provide left and right turn lanes.
iv. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way
(or easements) required for the road
improvements described above.
D. Transportation Phasing Plan. Prior to any
construction plan or site plan approval, whichever
occurs first, a phasing plan for the required road
improvements, as identified in Proffered Condition
3.C., shall be submitted to and approved by the
Transportation Department. (T)
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KI
19
4. Age Restriction. Except as otherwise prohibited by the
Virginia Fair Housing Law, the Federal Fair Housing Act,
and such other applicable federal, state or local legal
requirements, any dwelling units restricted to "housing
for older persons" as defined in the Virginia Fair
Housing Law and no persons under 19 years of age shall
reside therein.
A. With the exception of a maximum of five lots, all
lots with in "Area All shall be age restricted. This
restriction shall be identified on all record
subdivision plats.
B. All lots with in "Area B" shall have the option of
being age restricted. This restriction shall be
applicable by subdivision section and all age
restricted lots shall be identified on all
subdivision plats.
C. Tax ID 766-639-8114 shall not be age restricted.
(P)
The Applicant hereby proffers the following conditions
applicable to Tax id 767-640-1470:
5. Impacts. For each dwelling unit, the applicant, sub-
divider, or assignee(s) shall pay the following to the
County of Chesterfield, prior to the issuance of a
building permit for infrastructure improvements within
the service district for the property, unless state law
prevents enforcement of that timing:
A. For any lots within Area "A", the amount paid shall
be, $9,600 per dwelling unit, where $600 shall go
to schools infrastructure, $701 shall go to fire
infrastructure, $303 shall go to library
infrastructure and $7,996 shall go to road
infrastructure, for the period beginning the July 1
preceding the Board of Supervisors, approval of the
case through Julyl four years later, at which point
the amount will be adjusted for the cumulative
change in the Marshall and Swift Building Cost
Index during that time period, except that the
adjustment shall not cause the payment to exceed
the amount of the maximum cash proffer in the cash
proffer policy in effect at the time of the
payment.
B. For any age restricted lots within Area B, the
amount paid shall be, $9,000 per dwelling unit,
where $701 shall go to fire infrastructure, $303
shall go to library infrastructure and $7,996 shall
go to road infrastructure, for the period beginning
the July 1 preceding the Board of Supervisors,
approval of the case through Julyl four years
later, at which point the amount will be adjusted
for the cumulative change in the Marshall and Swift
Building Cost Index during that time period,
except that the adjustment shall not cause the
payment to exceed the amount of the maximum cash
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05/27/15
proffer in the cash proffer policy in effect at the
time of the payment.
C. For any lots within "Area B" that are not age
restricted, the amount paid shall be, $18,966 per
dwelling unit, for the period beginning the July 1
preceding the Board of Supervisors' approval of the
case through Julyl four years later, at which point
the amount will be adjusted for the cumulative
change in the Marshall and Swift Building Cost
Index during that time period, except that the
adjustment shall not cause the payment to exceed
the amount of the maximum cash proffer in the cash
proffer policy in effect at the time of the
payment.
D. Thereafter, the per dwelling unit cash proffer
amount shall be automatically adjusted, annually,
by the annual change in the Marshall and Swift
Building Cost Index on July 1 of each year, except
that the adjustment shall not cause the payment to
exceed the amount of the maximum cash proffer in
the cash proffer policy in effect at the time of
the payment.
E. Cash proffer payments shall be spent for the
purposes proffered or as otherwise permitted by
law. (B&M)
6. Sidewalks/Driveways.
A. A four foot (41) wide concrete sidewalk shall be
constructed to VDOT standards, located within
public right of way, and provided along one side of
all public roads within "Area A" as shown on the
Exhibit.
B. A four foot (41) wide pedestrian path shall be
provided within the open space easement along the
length of Cattail Road. The path shall be 2" SM -9.5
asphalt and over 4" 21-B stone, where directed by
the developer's geotechnical engineer and located
as shown on the Exhibit within the limits of this
property. The path shall be designed to include
five foot (51) wide bumpouts every fifty feet to
provide ADA compliance and shall be maintained in
good condition by the Developer/HOA.
C. All private driveways serving residential uses
shall be hardscaped or brown gravel. Private
driveways shall not require curb and gutter.
D. Front walks shall be provided to each dwelling
unit. Front walks shall be hardscaped. Front walks
shall be a minimum of 3' wide. (P)
7. Architecture and Materials.
A. Style and Form. The architectural styles shall be
interpretations of traditional Richmond
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1E
9
architecture, using forms and elements compatible
with those in the adjacent Highlands Subdivision.
B. Exterior Facades. At least 500 (5 in 10) dwelling
units constructed shall have brick, stone or
masonry fronts that cover a minimum of 20% of the
fagade. Other acceptable siding materials shall
include stucco, synthetic stucco (E.I.F.S.), or
horizontal lap siding. Horizontal lap siding may be
manufactured from natural wood or cement fiber
board or may be premium quality vinyl siding with a
minimum wall thickness of .044". Synthetic Stucco
(E.I.F.S.) siding shall be finished in a smooth,
sand or level texture, no rough textures are
permitted.
C. Foundations. All foundations shall be constructed
entirely of brick or stone. Synthetic or natural
stucco foundations may be permitted for facades
constructed entirely of stucco.
D. Roofs.
i. Varied Roof Line.
materials
dwellings
pitch shall
shall be
that face
be 8/12.
Varied roof designs and
used on facades of
a street. Minimum roof
ii. Roof Materials. Roofing material shall be
dimensional architectural shingles with a
minimum 30 year warranty. All flashing shall
be copper or pre -finished aluminum (bronze or
black) . (P)
E. Porches, Stoops and Decks.
i. Front Porches. All front entry stoops and
front porches shall be constructed with a
continuous masonry foundation wall.
Individual porches and porticos shall be one-
story in height. Extended front porches shall
be a minimum of 5' deep. Handrails and
railings shall be finished painted wood or
metal railing with vertical pickets or swan
balusters. Pickets shall be supported on top
and bottom rails that span between columns.
Columns supporting roofs of porches, porticos
and covered stoops on street facing facades,
shall be masonry piers, tapered round (Tuscan
or Doric) column, or square box columns a
minimum of 8" square as appropriate to the
character of the unit. All front steps shall
be masonry to match the foundation.
ii. Rear Porches. All rear porches visible from
public rights of way shall be constructed on
masonry or stone piers with lattice screening
spanning between columns. Handrails and
railings shall be finished painted wood or
metal railing with vertical pickets or swan
balusters.
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05/27/15
F. Fireplaces, Chimneys and Flues.
i. Chimneys. Sided chimneys are permitted on roof
planes or facades and must have masonry
foundations. Cantilevered chimneys are not
permitted. The width and depth of chimneys
shall be appropriately sized in proportion to
the size and height of the unit. For gas
fireplaces, metal flues may be used on the
roof.
ii. Direct Vent Fireplaces: Direct vent gas
fireplace boxes which protrude beyond the
exterior plane of the unit, are not permitted
on front facades. All the exterior materials
and finishes used to enclose the fireplace box
must match the adjacent facade. (P)
8. Garages. No front loaded garages shall be permitted on
the principal dwelling unit. (P)
9. Landscaping and Yards.
A. Irrigation. All front yards shall be irrigated,
with the exception of any lots requiring primary
drain field locations in the front yard.
B. Front Foundation Planting Bed: Foundation planting
is required along the entire front fagade of all
units, and shall extend along all sides facing a
street. Foundation Planting Beds shall be a
minimum of 4' wide from the unit foundation.
Planting beds shall be defined with a trenched edge
or suitable landscape edging material. Planting
beds shall include medium shrubs spaced a maximum
of four (4) feet apart. Unit corners shall be
visually softened with vertical accent shrubs (41-
51) or small evergreen trees (6'-81) at the time of
planting. (P)
10. Covenants and Restrictions. At a minimum the following
shall be recorded with any lot within "Area A" as shown
on the Exhibit A.
A. Except as otherwise prohibited by the Virginia Fair
Housing Law, the Federal Fair Housing Act, and such
other applicable federal, state or local legal
requirements, and except for a maximum of five (5)
dwelling units which shall not be subject to this
occupancy limitation, all dwelling units shall be
restricted to "housing for older persons" as
defined in the Virginia Fair Housing Law and no
persons under 19 years of age shall reside therein.
B. A minimum of twenty five percent (25a) of the gross
area of each lot shall be left in a natural wooded
state. Should the need to clear additional area
due to the need for use of a septic field the
request shall be clearly defined and approved by
the Architectural Review Board.
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9
9
C. All lot owners shall also have the reserved right
to make application for membership to "The Country
Club at the Highlands". (P)
Ayes: Elswick, Jaeckle, Holland and Gecker.
Nays: None.
Absent: warren.
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
approved Request 2 of Case 13SN0521 and accepted the
following proffered condition:
11. Second Vehicular
building permit
within "Area A"
constructed. (P)
TEXTUAL STATEMENT
Access. Prior to the issuance of a
for the fifty-first (51St) dwelling unit
a second public road access shall be
Re: Lake Margaret LLC requests Rezoning of Tax ID 766-639-
8114 and 767-640-1470 from Residential (R-88) to
Residential (R-25) with a Conditional Use Planned
Development to permit exceptions to development
standards as set forth herein below.
I.
II.
Single Family Residential Use. All lots shall conform to
the Residential R-25 Standards except as follows:
A. Area.
i. Tract B - All lots with sole access through
the adjacent R-88 zoned properties shall have a
minimum lot area of 65,340 square feet.
B. Setbacks.
i. The front yard setback shall be a minimum of
thirty-five (35) feet. (P)
Recreational
recreational
development.
playgrounds,
for child's
provided:
Use. Both passive and active neighborhood
use shall be provided throughout the
These recreational uses shall not include
playfields, or similar facilities designed
play. At a minimum the following shall be
A. Clubhouse. Prior to the issuance of an occupancy
permit for the 50th dwelling unit, a certificate of
occupancy shall be obtained for a minimum of a
2,000 square foot clubhouse containing a kitchen
and multi-purpose room designed to accommodate
gatherings. Construction of the clubhouse shall
comply with the Zoning Ordinance requirements for
uses within the Emerging Growth District, except as
follows:
i. Parking. A minimum of one (1) parking space
shall be provided per every 200 square feet of
building. Curb and gutter for the parking area
shall not be required.
ii. Setbacks.
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05/27/15
a. The side yard setback for buildings shall
be a minimum of thirty (30) feet with the
installation of Perimeter Landscaping C.
b. The side yard setback for parking shall be
fifteen (15) with the installation of
Perimeter Landscaping C and shall be
designed as such to prevent headlight
glare into adjacent homes.
c. The setbacks for the clubhouse from any
arterial roadways shall be inclusive of
any required buffers.
d. Swimming pools and similar active
recreational areas shall be located a
minimum of fifty ( 50 ) feet from any
proposed or existing single family
residential lot line and internal public
roads. The fifty (50) foot setback shall
be planted with Perimeter Landscape C.
Landscaping provided in accordance with
Item II. A. ii. a. and b. shall be
counted towards this landscaping
requirement.
iii. Outside Public Address
there
systems
system
shall be no
or
shall
9:00 p.m. and
. Except for pool
outside public
speakers. Such public
not be used between the h
9:00 a.m.
usage,
address
address
ours of
iv. Record Plat. In conjunction with the
recordation of any lot adjacent to active
recreational area (s) such area (s) shall be
identified on the record plat along with the
proposed recreational uses and required
conditions. (P)
B. Pedestrian / Bike Path. An eight (8) foot wide
shared use public bicycle/pedestrian path,
excluding bridge over the creek, shall be provided
within the open space easement along the length of
Woodpecker Road, generally as shown on Exhibit A.
The path shall be 2" SM -9.5 asphalt and over 4" 21-
B stone, where directed by the developer's
geotechnical engineer and approved by the Parks and
Recreation Department. The path shall be
constructed within 2 years of the issuance of the
first building permit and shall be maintained in
good condition by the Developer/HOA. (P and P&R)
Ayes: Elswick, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Warren.
Mr. Holland stressed the importance of future preparation to
accommodate older persons residing in the community.
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17. PUBLIC HEARINGS
17.A. TO CONSIDER RESTRICTION OF THROUGH TRUCK TRAFFIC ON
WOODS EDGE ROAD
Mr. Smith stated this date and time has been advertised for a
public hearing for the Board to consider restriction of
through truck traffic on Woods Edge Road. He further stated a
public hearing was held on December 10, 2014. He stated at
the public hearing, the Board referred the issue to the
Planning Commission for further evaluation and recommendation
on both the restriction and any amendments to the
Thoroughfare Plan. He further stated at the Planning
Commission's February 19, 2015 meeting, the recommendation
was made to make no amendments to the Thoroughfare Plan and
to forward the request for a through truck traffic
restriction to the Virginia Department of Transportation.
Mr. Elswick called for public comment.
Mr. Freddy Boisseau, Bermuda District resident, urged the
Board to approve the restriction of through truck traffic on
Woods Edge Road.
Mr. George Emerson, Bermuda District resident, urged the
Board to direct the Transportation Department to construct a
reliever road for Woods Edge Road from Ruffin Mill Road.
There being no one else to address the issue, the public
hearing was closed.
Ms. Jaeckle made a motion, seconded by Mr. Holland, for the
Board to adopt the resolution requesting the Virginia
Department of Transportation to restrict through truck
traffic on Woods Edge Road from Ruffin Mill Road to Lawing
Drive.
In response to Mr. Gecker's question, Mr. Smith stated the
long-term future road will serve the industrial property in
the area, which is anticipated to be constructed as
development within the area occurs. He further stated options
for funding have been discussed which include industrial
access funding.
Ms. Jaeckle stated the intent of the road restriction would
be once the reliever road is built, the restriction would be
moved up, so that trucks would be able to travel up Woods
Edge Road far enough to access the road, but no go beyond
that point.
In response to Mr. Elswick's question, Mr. Smith stated he
does not have a cost of constructing a reliever road for
Woods Edge Road at this time.
Mr. Elswick called for a vote on the motion made by Ms.
Jaeckle, seconded by Mr. Holland, for the Board to adopt the
following resolution requesting the Virginia Department of
Transportation to restrict through truck traffic on Woods
Edge Road from Ruffin Mill Road to Lawing Drive:
WHEREAS, the Chesterfield County Board of Supervisors
received a request to restrict any through truck or truck and
trailer or semi -trailer combination except pickup or panel
trucks from using Woods Edge Road from Ruffin Mill Road to
Lawing Drive; and
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WHEREAS, the recommended alternate route is Ruffin Mill
Road (Route 746), Jefferson Davis Highway (Route 1/301), Old
Bermuda Hundred Road (Route 618) and Lawing Drive (Route
818); and
WHEREAS, Chesterfield County will use its good offices
for enforcement of the proposed restriction; and
WHEREAS, the Board has conducted a public hearing on the
restriction.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors requests the Virginia Department of
Transportation to restrict through truck traffic on Woods
Edge Road from Ruffin Mill Road to Lawing Drive.
Ayes: Elswick, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Warren.
17.B. TO CONSIDER THE FY2016-FY2021 SECONDARY ROAD SIX-YEAR
IMPROVEMENT PLAN AND FY2016 SECONDARY ROAD IMPROVEMENT
BUDGET
Mr. Smith stated this date and time has been advertised for a
public hearing for the Board to consider the FY2016-FY2021
Secondary Road Six -Year Improvement Plan and FY2016 Secondary
Road Improvement Budget. He further stated of the projects in
the current plan, two projects are under construction, (Reams
Road at Rosegill Turn Lanes and East River Road Widening) and
three unpaved roads will be hard surfaced this summer
(Belcherwood Road, Potts Street and Silbyrd Drive). He stated
also included in the current plan are Newbys Bridge Road
(Sussex Drive to Falling Creek) and Newbys Bridge Road
(Cogbill Road to Celestial Lane) projects. He noted right-of-
way acquisition for both projects is anticipated to begin
this summer. He stated staff recommends adding one rural
addition project and 22 revenue sharing projects, previously
approved by the Board, to the plan.
Mr. Elswick welcomed and expressed appreciation to Mr. Butch
Sirry, VDOT Chesterfield Resident Superintendent, who was in
the audience.
In response to Ms. Jaeckle's request, Mr. Smith stated he
plans to have discussion with Board members regarding
distribution of revenue sharing projects prior to the next
CIP process.
Mr. Elswick expressed concerns
substantially the state's part
force the Board to take a
instead of individual district
relative to VDOT cutting back
of revenue sharing, which may
look at county -wide projects
improvements.
Mr. Elswick then called for public comment.
There being no one to address the issue, the public hearing
was closed.
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Mr. Holland stated future connectors from Nash Road to Beach
Road will be a significant improvement to the Dale District.
He stressed the importance of finding other ways to increase
resources to meet other secondary road improvement needs.
Mr. Holland then made a motion, seconded by Ms. Jaeckle, for
the Board to adopt the following resolution approving the
FY2016-FY2021 Secondary Road Six -Year Improvement Plan:
WHEREAS, the Chesterfield County Board of Supervisors
and the Virginia Department of Transportation (VDOT) have
conducted a public hearing on the FY2016 through FY2021
Secondary Road Six -Year Improvement Plan; and
WHEREAS, the Board concurs with the proposed projects
identified in the Plan.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors approves the FY2016 through
FY2021 Six -Year Secondary Road Improvement Plan as presented
by VDOT.
And, further, the Board adopted the following resolution
approving the FY2016 Secondary Road Improvement Budget:
WHEREAS, the Virginia Department of Transportation
(VDOT) has submitted its proposed FY2016 Secondary Road
Improvement Budget to the county; and
WHEREAS, the Budget represents the implementation of the
first year of the FY2016 through FY2021 Six -Year Secondary
Road Improvement Plan adopted by the Board.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors approves the FY2016 Secondary
Road Improvement Budget as presented by VDOT.
And, further, the Board approved the transfer of $35,000 from
the General Road Improvement Account to the Wild Turkey Run
Rural Addition Project; and adopted the following resolution
requesting VDOT to improve Wild Turkey Run and add it to the
VDOT secondary system of roads:
WHEREAS, the street described below was established
prior to July 1, 1992, has provided continuous public service
since its establishment, and is now deemed to provide
sufficient public service to warrant its addition as part of
the secondary system of state highways,
NOW, THEREFORE, BE IT RESOLVED, this Board requests the
following street be added to the secondary system of state
highways, pursuant to §33.2-335, Code of Virginia and the
Rural Addition Policy of the Virginia Department of
Transportation:
Name of Street: Wild Turkey Run
From: Saddlebrook Road (SR 1350)
To: 0.16 mile west of Saddlebrook Road
Length: 0.16 mile
Guaranteed Right -of -Way Width: 50 feet
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Plat Recorded Date: February 4, 1977
Deed Book: 1236 Page: 385
BE IT FURTHER RESOLVED, this Board guarantees a clear
and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, this Board requests the Virginia
Department of Transportation to improve the street to
prescribed minimum standards, pursuant to the rural addition
policy of the Commonwealth Transportation Board.
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Administrator of the
Virginia Department of Transportation.
Ayes: Elswick, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Warren.
17.C. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATIVE
TO TAXICAB FEES FOR TRIPS ORIGINATING AT RICHMOND
INTERNATIONAL AIRPORT
Mr. Mincks stated the date and time has been advertised for a
public hearing for the Board to consider amending Section 15-
196 of the County Code to allow taxicab companies to increase
the fee for tips originating at Richmond International
Airport by $0.30. He further stated The Capital Region
Airport Commission recently approved an increase in the
access fee for public ground transportation vehicles using
the Richmond International Airport facilities to service
airport patrons. He stated the Commission has requested that
all member jurisdictions adopt amendments to their respective
taxicab ordinance to allow the new charge.
Mr. Gecker noted some of the taxicab companies at the airport
used to be charged based on a percentage of revenue. He
stated now through the reclassification Mr. Mincks presented,
the taxicab companies do not lose ground economically and it
will not be implemented until all member jurisdictions adopt
the ordinance amendments.
Mr. Mincks stated taxicab companies are not charging as much
as they could, based on a recent study conducted.
Mr. Gecker stated the intent of the increase was to be
revenue neutral for the next year.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 15-196 RELATING TO TAXICAB FEES
FOR TRIPS ORIGINATING AT RICHMOND INTERNATIONAL AIRPORT
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BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 15-196 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 15-196. Same—Enumerated; special discount for elderly
passengers and disabled passengers.
(a) Taxicab drivers shall charge passengers:
For the first one-fifth mile . . . $2.50
For each succeeding one-fifth mile . . . 0.50
For each 80 seconds of waiting time . . . 0.50
For each additional passenger over one (children six
years of age or younger, when accompanying a fare -paying
passenger, shall not be deemed additional passengers)
. . 1.00
Waiting time is (i) the time the taxicab is stopped or
moving at a speed less than 15 miles per hour, (ii) the
time the taxicab is waiting for a passenger beginning
five minutes after the time of arrival and (iii) the
time consumed while a taxicab stands at the direction of
the passenger. Waiting time shall not include, and no
charge shall be made, for the time a taxicab loses on
account of inefficiency, breakdowns, or premature
response to a call. No taxicab shall charge for mileage
while charging waiting time.
(b) A surcharge of $1.00 per trip shall be added to compute
the fare for a trip originating between the hours of
9:00 p.m. and 6:00 a.m. the next day.
(c) The owner of any taxicab, upon receipt of satisfactory
proof that a passenger is 65 years of age or older or
disabled, may offer a discount not to exceed 20 percent
of the total charge.
(d) The owner of any taxicab may enter into written
contracts with organizations and companies to provide
taxicab services on a negotiated basis. The owner of any
taxicab may enter into written contracts with
individuals to provide regular service on a negotiated
basis. All such contracts must be kept in the main
office of the taxicab company during the terms of the
contract and for 12 months after termination of the
contract. The rates to be charged for such services
shall be determined by contract, not established by the
board of supervisors, but taximeters shall be in
operation at all times during the transportation of
contract passengers.
(e) For a trip originating at Richmond International
Airport, the rate shall be the charge registered on the
meter plus $2.30.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Elswick, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Warren.
Mr. Holland stated as Chairman of the Regional Taxicab
Association, he expressed support of the new charge.
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17.D. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATIVE TO
DEVELOPMENT STANDARDS MODIFICATION
Mr. Ray Cash stated this date and time has been advertised
for the Board to consider amendments to the County Code
relative to development standards modification. He further
stated since the Planning Commission's public hearing, staff
has received citizen input relative to concerns with granting
development standards modifications. He asked that the matter
be remanded back to the Planning Commission for
consideration.
Mr. Gecker expressed concerns relative to placing more
discretion on staff and taking away from the public body. He
stated development standards modifications are things that
are not routinely approved by the boards. He further stated
cutting out the public nature of the Planning Commission in
this type of discretionary area is incorrect as a matter of
policy. He stated the matter can be remanded; however, if the
change is just going to come back up and provide a level of
discretion to staff, why not save the administrative hassle
and deny it tonight.
Ms. Jaeckle concurred with Mr. Gecker's remarks. She stated
staff has a set of rules to go by and the job of the Board is
to be aware of the community's perspective. She further
stated it would be her desire to deny the matter and save
staff the amount of work it would take just to make a few
minor changes to the policy.
Mr. Holland stated he agrees with staff's recommendation to
remand the issue to the Planning Commission in order to
clarify some issues within the policy. He further stated he
favors a very efficient and streamlined process, where the
public can directly access pertinent information. He
expressed concerns relative to the Board of Zoning Appeals
consideration of appeals of the Director's decision on
modifications and the fee for the process.
Mr. Elswick called for public comment.
Mr. Paul Grasewicz urged the Board to leave the current
process in place. He stated there is a set of standards in
the zoning ordinance for reviewing a site plan and the
Planning staff and Planning Director make sure those
standards are complied with; however, the Planning
Commission's role plays an integral part in the process.
Mr. Freddy Boisseau, Bermuda District resident, urged the
Board to deny the request. He expressed concerns relative to
limited uses of private property.
Mr. Phil Lohr opposed consideration of the ordinance on
behalf of the Chesterfield Citizens for Responsible
Government, a residential group. He stated if the matter is
remanded back to the Planning Commission, severe revisions
would be required.
Mr. Preston Cuneo, Dale District resident, urged the Board to
leave the current process in place. He stated the elimination
of the democratic process and transparency will be eliminated
if the amendment is approved.
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Mr. Wayne Bragg, Bermuda District resident, voiced his
opposition of the ordinance amendment. He stated the
amendment takes the matters out of the public and places them
in the hands of the Planning Director.
Mr. Bob Olsen urged the Board to deny the request. He stated
the variance of the ordinance requires too many limitations.
Ms. Judy Stoneman, Bermuda District resident, expressed
concerns relative to the management of county administration.
There being no one else to address the issue, the public
hearing was closed.
In response to Mr. Gecker's question, Mr. Mincks stated the
Board does not have to take action on the matter or a motion
can be made to deny the request.
Mr. Turner stated the public hearing was advertised as part
of the Bridge the Gap Ordinance set for June 24th. He further
stated it would be his preference for the Board to deny the
request.
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
denied the consideration of the code amendment relative to
development standards modification.
Ayes: Elswick, Jaeckle, Holland and Gecker.
Nays: None.
Absent: Warren.
18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining requests for manufactured home
permits or rezoning at this time.
19. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
In honor of Memorial Day, Mr. Elswick recognized and paid
tribute to all military veterans and their family members for
their sacrifices. He announced on June lst, the county will
dedicate the Woodridge Road bridge in honor of Army
Specialist Kyle Stoeckli, a 2010 Cosby High School graduate.
20. ADJOURNMENT
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
adjourned at 8:20 p.m. until June 24, 2015.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
1 1
J mes J. S g ler Step en A. Elswick
oun y dministrator Chairman
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