2015-09-16 MinutesBOARD OF SUPERVISORS
MINUTES
September 16, 2015
15-1028
09/16/15
Supervisors in Attendance: Staff in Attendance:
Mr. Stephen A. Elswick, Chairman Mr. Greg Akers, Dir.,
Mr. Arthur S. Warren, Vice Chrm. Internal Audit
Ms. Dorothy A. Jaeckle Mr. Mike Bacile, Dir.,
Mr. James M. Holland Purchasing
Mr. Daniel A. Gecker Dr. Sheryl Bailey, Dep.
County Administrator,
Management Services
Mr. James J. L. Stegmaier Ms. Janice Blakley,
County Administrator 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. William Dupler, Dep.
County Administrator,
Community Development
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Real Property Manager
Mr. Garrett Hart, Dir.,
Economic Development
Mr. George Hayes, Dir.,
Utilities Department
Mr. Rob Key, Director,
General Services
Mr. Louis Lassiter, Asst.
County Administrator
Mr. Mike Mabe, Dir.,
Library
Mr. Jeffrey L. Mincks,
County Attorney
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
Mr. Jesse Smith, Dir.,
Transportation
Ms. Sarah Snead,
County Administrator,
Human Services
15-1028
09/16/15
Mr. Kirk Turner, Dir.,
Planning
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 FROM AUGUST 26, 2015
On motion of Mr. Holland, seconded by Mr. Gecker, the Board
approved the minutes of August 26, 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 pleased to announce a new initiative called
Experience Chesterfield, spearheaded by the Department of
Communications and Media in partnership with Economic
Development and Parks and Recreation. He stated Experience
Chesterfield can be found online at Experience
Chesterfield.com and features several three-day itineraries,
focusing on history, family fun and outdoor adventure. He
further stated the itinerary format is user-friendly for
those who are unfamiliar with the area and offers suggested
routes while showcasing some of the county's greatest assets
- from the 1611 Citie of Henricus to the region's only zoo,
to historic Bon Air to miles of hiking and biking trails.
Mr. Stegmaier was happy to report that the James River
Advisory Council had a successful regional river cleanup last
Saturday in the midst of threatening skies and occasional
showers. He stated more than 600 volunteers among 14 sites
picked up trash along the James River and many feeder creeks
or streams, working to make the river and the community a
cleaner place. He further stated the cleanup included sites
as far west as Lynchburg, and as far east as Newport News. In
Chesterfield, there were two sites - Dutch Gap Boat Landing
and Falling Creek Ironworks. He recognized Ms. Kim Conley,
Ms. Claire Lau, Ms. Sara Stamp and other staff in County
Administration who worked to support this successful event.
Mr. Stegmaier announced the annual Governor's Technology
Awards were presented to honorees in nine categories at a
special ceremony at the Commonwealth of Virginia Innovative
Technology Symposium (COVITS) in Richmond on September 9. He
stated Chesterfield was the recipient of two of the eighteen
awards in the Commonwealth for: Cloud Technology Partnership
for Economic Development and Public Safety Operational Data
Storage (PODS).
Mr. Stegmaier announced the Chesterfield Branch of the NAACP
awarded two certificates of recognition to the Chesterfield
County Police Department for Col. Thierry Dupuis and Captain
A. J. Starke at its annual Freedom Fund Banquet on September
12. He stated the Chesterfield County Police Department was
recognized for its ongoing, active engagement with the
Chesterfield NAACP, openly receiving community input and
responding to community suggestions.
15-1029
09/16/15
0
2.B. SPORTS TOURISM UPDATE
Mr. John Lugbill, Executive Director with Sports Backers,
updated the Board on sports tourism in Chesterfield County
and the surrounding area. He stated this year featured
enhanced visibility including new social media channels for
the Parks and Recreation Department, including Facebook and
Twitter. He noted sports tourism continues to make a
significant contribution to the economy of the region. He
stated in the fiscal year that ended in June, the total
economic impact was over $53.8 million. He further stated the
impact in Chesterfield County alone was over $24.8 million
last fiscal year. He stated it takes a public and private
partnership linked to facilities, venues, hotels, restaurants
and retailers to produce tangible results. He noted sports
tourism is now the largest sector that Richmond Region
Tourism brings to town and Chesterfield is right at the
forefront. In closing, he expressed appreciation to the Board
for their continued support.
Mr. Holland expressed his appreciation to Mr. Lugbill for his
excellent presentation and tremendous efforts relative to
sports tourism in the county. He stated he is excited to see
the involvement of an active community and the attractiveness
of the region. He further stated he intends to complement the
swimming facility within the Dale District and stressed the
importance of eastern coast sports competition.
Ms. Jaeckle stressed the importance of county citizen's use
of facilities and their active participation in the
community. She expressed her appreciation to Mr. Lugbill for
his noteworthy efforts relative to sports tourism.
Mr. Warren stressed the significance of the complementing
relationship of River City Sportsplex and Clover Hill
Athletic Complex. He noted the Genito Road corridor has a
huge population of active young persons.
In response to Mr. Warren's question, Mr. Lugbill stated
Clover Hill continues to be partnered with River City
Sportsplex for large sports tournaments. He further stated
the rainy summer helped maintain the natural turf at Clover
Hill; however, in the future, irrigation may become an option
in the long term. He noted there is a lot of demand in that
area.
In response to Mr. Gecker's question, Mr. Golden stated the
direct county hotel tax revenue equates to $800,000+ per
year.
Mr. Gecker stated he does not believe the Board would have
invested in SportQuest at the time, were it not for the
public use component and stressed the importance of providing
valuable amenities to county citizens. He noted the sports
tourism aspect was not the primary driver. He stated part of
Sports Backers mission has changed from being event driven to
being activity driven. He noted there is an item on today's
agenda to set a public hearing for the Bikeways and Trails
Plan. He further stated overall the county's approach toward
providing infrastructure for the type of leisure activity
relative to the plan is the right direction for the county to
be moving in and very consistent to keeping the community
vibrant.
15-1030
09/16/15
In response to Mr. Gecker's remarks, Mr. Lugbill stated the
Bikeways and Trail Plan is very well put together for a
suburban jurisdiction and Sports Backers is strongly in
support of the plan. He further stated visitors to the county
have the opportunity to explore the trails and tourism
amenities.
Mr. Holland urged the inclusion of swim teams at all county
high schools.
In response to Mr. Holland's remarks, Mr. Lugbill noted
Meadowbrook High School were the hosts for the state
championship swim meet.
3. BOARD MEMBER REPORTS
Mr. Holland announced he attended the Ironbridge Wal-Mart
grand opening on September 9th. He also announced he attended
the Chesterfield Branch NAACP Annual Banquet on September 12
and congratulated the Chesterfield County Police Department
for their accolades.
Mr. Elswick announced he attended the Pocahontas State Park
Mountain Bike Trail Ribbon Cutting on September 14. He noted
the trails are primarily intended for paralyzed veterans,
disabled citizens and beginner bicyclists.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Holland, seconded by Mr. Gecker, the Board
replaced Item 8.B.l.a., Resolution Recognizing Captain Ned O.
Morris, Sheriff's Office, Upon His Retirement, and moved it
to be presented after Item 5.B.,
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
5. RESOLUTIONS
5.A. RECOGNIZING THE EFFORTS AND SUCCESS OF THE CHESTERFIELD
COMMUNITY EMERGENCY RESPONSE TEAM PROGRAM (CERT)
Chief Senter introduced Chesterfield Community Emergency
Response Team members who were present to receive the
resolution.
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Chesterfield Community Emergency Response
Team Program, or CERT, was established in 2003, the same year
the county was impacted by Hurricane Isabel; and
WHEREAS, Chesterfield CERT will graduate its 1,OOOth
certified member in October 2015; and
15-1031
09/16/15
WHEREAS, the Chesterfield CERT members have contributed
more than 2,000 volunteer hours in support of Chesterfield
County's emergency management efforts since 2011; and
WHEREAS, the Chesterfield CERT members have completed
over 1,700 hours of continuing education since 2011; and
WHEREAS, the Chesterfield CERT instructors have
committed countless hours to the program since its inception;
and
WHEREAS, the Chesterfield CERT members have participated
in multiple public education events such as Survivor Day and
Public Safety Day to educate Chesterfield County residents
about how to be better prepared for emergencies; and
WHEREAS, the Chesterfield CERT members assisted with
damage assessment teams after Tropical Storm Gaston in 2004;
and
WHEREAS, the Chesterfield CERT members assisted county
residents impacted by Hurricane Irene in 2011; and
WHEREAS, the Chesterfield CERT members responded to and
assisted residents of Gloucester, Virginia impacted by a
tornado in 2011; and
WHEREAS, the Chesterfield CERT members assisted county
residents impacted by the Derecho in 2012; and
WHEREAS, the Chesterfield CERT members support
Chesterfield Fire and EMS in community-based fire prevention
safety efforts; and
WHEREAS, the Chesterfield CERT members have assisted
Chesterfield Fire and EMS and other local agencies with
training and disaster exercises through role-playing and
logistical support; and
WHEREAS, Chesterfield CERT was recognized in 2013 with
the Federal Emergency Management Agency's Superstar Award.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 16th day of September 2015,
publicly recognizes the contributions of the Chesterfield
Community Emergency Response Team Program and its
instructors, expresses appreciation for all Chesterfield
County residents who have completed the program, and extends
their appreciation for everyone's dedication to the program.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
Ms. Jaeckle presented the executed resolution to Chief
Senter, commended the dedication and contributions of the
Chesterfield Community Emergency Response Team Program and
its instructors, and expressed her appreciation for all
Chesterfield County residents who have completed the program.
Mr. Elswick and Mr. Holland expressed their appreciation to
the instructors for their continued commitment to the
program.
Ms. Sherri Laffoon, accompanied by several CERT members,
sincerely thanked the Board for the special recognition.
15-1032
09/16/15
5.B. RECOGNIZING MS. JACKIE NEWTON, UTILITIES DEPARTMENT,
UPON HER RETIREMENT
Mr. Hayes introduced Ms. Jackie Newton, who was present to
receive the resolution.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
adopted the following resolution:
WHEREAS, Ms. Jackie Newton retired from the Chesterfield
County Utilities Department on September 1, 2015; and
WHEREAS, Ms. Newton began her public service career with
the Chesterfield County Commissioner of the Revenue on August
19, 1985, as a tax assessment specialist and was responsible
for assisting the public with questions, addressing concerns
or legal obligations regarding personal property assessments,
calculating tax bills, determining validity of tax
assessments, auditing a variety of reports to find unreported
taxable property, and valuing personal property; and
WHEREAS, Ms. Newton transferred to the Utilities
Department on July 29, 2002, to be a customer service
representative and was responsible for answering inbound
calls from external and internal customers, handling incoming
requests from external customers by email or fax, providing
information about services, entering service orders in the
customer information system, transferring calls with complex
inquiries to management for follow-up, completing and
researching billing issues, and recognizing, documenting, and
informing her supervisor regarding the trends in internal and
external customer calls; and
WHEREAS, Ms. Newton held the position of customer
service representative until her retirement, and during that
time, she received certificates of recognition for teamwork,
performed utility operations efficiently, assured all
customers' needs were served in an expeditious, courteous,
effective and prompt manner, and improved communications; and
WHEREAS, Ms. Newton has been an asset to the Utilities
Department because of her dedication to customer service, her
high degree of integrity, her motivation to meet challenges
and her participation on numerous process action teams that
improved the call center and customer service processes; and
WHEREAS, Ms. Newton has passed on her significant
knowledge and mentored other employees in the Billing and
Customer Service Section to help improve their skills and
encourage them to be successful in helping customers with
their concerns; and
WHEREAS, Ms. Newton has been a dependable associate with
an exemplary work ethic and commitment; and
WHEREAS, Ms. Newton demonstrated strong customer -service
skills and remained flexible and positive in an ever-changing
environment which management recognizes and appreciates; and
WHEREAS, Ms. Newton demonstrated good judgment and was
clear and concise when talking to customers, communicated
effectively with others, followed all guidance for oral and
written communication, recommended process improvements,
researched misapplied payments, resolved customer support
related issues, provided the customer with proper solutions,
performed customer verification, and processed applications,
forms and requests; and
15-1033
09/16/15
WHEREAS, Ms. Newton has exhibited dedication, knowledge,
pride and quality in the work she has performed at the
Utilities Department.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 16th day of September 2015,
publicly recognizes Ms. Jackie Newton and extends on behalf
of its members and the residents of Chesterfield County,
appreciation for her 30 years of service to the county,
congratulations upon her retirement, and best wishes for a
long and happy retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Ms. Newton and that this
resolution be permanently recorded among the papers of the
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
Mr. Elswick presented the executed resolution to Ms. Newton,
commended her for her exceptional service to the county and
offered continued prayers for her courageous journey ahead.
All Board members sincerely thanked Ms. Newton for her
outstanding service, leadership and dedication to the county
and wished her a long and happy retirement.
Mr. Stegmaier presented Ms. Newton with an acrylic statue and
county watch, congratulated her on her retirement and
expressed appreciation for her outstanding service to the
county.
Ms. Newton, accompanied by members of her family, sincerely
thanked the Board for the special recognition and kind
sentiments.
8.B.1.c.1. CAPTAIN NED O. MORRIS, SHERIFF'S OFFICE
Sheriff Leonard introduced Captain Ned O. Morris, who was
present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Captain Ned Morris will retire from the
Chesterfield County Sheriff's Office on October 1, 2015; and
WHEREAS, Mr. Morris began his public service career in
1983 through his enlistment in the United States Air Force
and upon his honorable discharge in 1987, had obtained the
rank of senior airman; and
WHEREAS, Mr. Morris began his law enforcement career in
1988 with the Virginia Department of Corrections as a
Correctional Officer and has faithfully served the
Commonwealth of Virginia and the County of Chesterfield for
over 25 years; and
15-1034
09/16/15
WHEREAS, Mr. Morris was hired as a Sheriff's Deputy for
Chesterfield County on April 6, 1990, and assigned to the
Court Services Division; and
WHEREAS, in 1992, Mr. Morris was awarded the Clarence
Williams, Sr./Nick Fu'cella Award for Public Service; and
WHEREAS, in 1995, Mr. Morris was assigned as a Sheriff's
Investigator responsible for researching, locating and
arresting wanted fugitives and conducting criminal and
Sj
internal investigations, and during this time, he was
assigned to the Richmond Area Fugitive Task Force (RAFT)
which was led by the FBI and Virginia State Police; and
WHEREAS, as a member of RAFT, Mr. Morris was sworn as a
Special State Police Officer and received a Special
Deputation from the United States Marshal Service; and
WHEREAS, in the spring of 1999, Mr. Morris was
temporarily assigned to the Training Academy and was the lead
Firearms Instructor during the Sheriff's Office transition to
the GLOCK 40 caliber semi-automatic pistol, where he provided
instruction and oversight to the transition; and
WHEREAS, Mr. Morris completed several training courses
and academies, including Crater Criminal Justice Academy's
Basic Jailor, Court and Civil Process School, Chesterfield
County Police Department's 30th Basic Police Academy, and the
Federal Law Enforcement Training Center's United States
Marshal's Fugitive Investigators School; and
WHEREAS, Mr. Morris received DCJS certification as a IJI
General Instructor, Firearms Instructor, Driving Instructor
and Glock Armorer; and
WHEREAS, in 2004, Mr. Morris was promoted to Sergeant
supervising the Court Services Division Civil Process Unit,
Juvenile Courts Unit and worked as a shift sergeant in the
Correctional Services Division; and
WHEREAS, in 2007, Mr. Morris was promoted to Lieutenant
and was assigned to the Correctional Services Division,
responsible for overseeing daily Classification operations
and was later assigned to the Support Services Division,
Office of Professional Standards, responsible for the
assignment and investigation of internal affairs matters,
applicant background investigations, criminal investigations
and staff inspections; and
WHEREAS, in 2009, Mr. Morris was a recipient of a Unit
Citation for the Internal Affairs Unit; and
WHEREAS, Mr. Morris' final promotion with the
Chesterfield County Sheriff's Office came with the rank of
Captain in February 2014, assigned as Commander of the Courts
Services Division of the Operations Bureau; then, in November
2014, he was assigned as the Commander of the Support
Division of the Professional Standards Bureau responsible for
overseeing the operations of the Sheriff's Office Training
Academy, Community Relations Unit, Office of Professional
Standards and Security Systems; and
15-1035
09/16/15
WHEREAS, Mr. Morris sought to provide members of the
Sheriff's Office with the benefit of his knowledge and
experience and was recognized with many written letters of
appreciation, commendations, and other accolades during his
25 -year tenure.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Captain Ned Morris, expresses appreciation of all residents
for his service to the county, and extends their appreciation
for his dedicated service and congratulations upon his
retirement.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
Mr. Elswick presented the executed resolution to Captain
Morris, commended him for his dedicated and loyal service to
the county and the country and wished him a well-deserved
retirement.
All Board members sincerely thanked Captain Morris for his
exceptional service and dedication to the county and wished
him a long and happy retirement.
Mr. Stegmaier presented Captain Morris with an acrylic statue
and county watch, congratulated him on his retirement and
expressed appreciation for his outstanding service to the
county.
Captain Morris,
sincerely thanked
kind sentiments.
6. WORK SESSIONS
accompanied by members of his family,
the Board for the special recognition and
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
May 27, 2015, to give school staff the opportunity to address
issues raised at the public hearing. He further stated on May
27, 2015, the Board deferred the matter to September 16,
2015, for school staff to provide additional information
relative to the civil enforcement program.
Dr. Robert Wingfield, Director of Transportation of
Chesterfield County Public Schools, presented information to
the Board relative to revenue estimates relating to
implementation of stop arm cameras, costs involved in
curbside pick-up of students, and information on recidivism
rates after drivers have had to pay fines for passing school
15-1036
09/16/15
buses. He shared two public service announcements relating to
the bus safety education campaign with the county, school
system and Police Department working together to help educate
the community on stopped school bus laws. He highlighted two
options relative to making all stops home -side stops which
include adding additional buses or using the existing fleets.
He stated if the Board adopts the amendment to establish a
civil enforcement program for violations of the law regarding
passing of a stopped school bus, the following steps are
planned for implementation: 1) continued public education
(regardless of passage of ordinance); 2) adoption of the
ordinance; 3) issuance of RFP - 3-5 months; 4) award of
contract; 5) installation of cameras (phased); 6) issuance of
warnings for the first six weeks; and 7) issuance of
citations. In closing, he .reviewed the school bus stop arm
cameras proposed phasing and estimated revenue.
Mr. Warren stressed the importance of the bus safety
education campaign and the possible deterrence of future
violations and possible reckless driving charges.
In response to Mr. Warren's question regarding the safety of
school bus children, Dr. Wingfield stated there have been
incidences where cars have passed over the median and over
sidewalks.
Ms. Jaeckle stated she has a hard time contemplating how a
driver could pass on the right side of a stopped school bus
loading and unloading children.
In response to Ms. Jaeckle's question regarding driver
training, Dr. Wingfield stated there are no situations now
where children are asked to walk across the turn lane. In
regards to the public safety campaign, he stated the Police
Department was not asked to continue reviewing videos in the
summer months. He noted data relative to reductions in
violations has not been conducted due to the recent start of
the new school year.
Mr. Holland stressed the importance of data relative to the
commencement of the bus safety education campaign. He stated
he finds it hard to believe some of the situations that have
been suggested regarding the jeopardy of children. He noted
if the campaign saves the life of one child, he would not
have a problem supporting the program.
In response to Mr. Holland's question, Dr. Wingfield stated
the duration of the contract would be 5 years.
Mr. Holland expressed concerns relative to the financial
implications of the civil enforcement program. He stated
children's safety is paramount first and foremost.
In response to Mr. Holland's concerns, Dr. Wingfield stated
the fines collected from the violations are the funds used to
pay for the program. He further stated the company awarded
the contract and the school system would get a portion of the
revenue from the fines collected. He noted the program would
only be funded through the civil penalties, not from law
abiding citizens.
15-1037
09/16/15
9
91
In response to Mr. Holland's question, Colonel Dupuis stated
the Police Department has had an opportunity to take a look
at the program. He further stated based on the Board's
recommendation, the department embarked on a public
information campaign, with the help of the Department of
Communications and Media. He stated he is a strong supporter
of technology assisting public safety in the Commonwealth. He
further stated his recommendation would be to conduct another
test to see if the campaign has been successful. He stated
there has been a slight reduction in violations compared to
the first week of school last year and this year; however, a
week cannot determine a valid test.
In response to Mr. Holland's question, Colonel Dupuis stated
the first test with the same bus routes needs to be
replicated.
In response to Ms. Jaeckle's question, Colonel Dupuis stated
it is his understanding that the video monitoring devices are
still on the school buses.
In response to Mr. Warren's question, Dr. Wingfield stated
the second test phase generally lasts 30 days and would
sustain the same routes as before.
In response to Mr. Warren's question, Colonel Dupuis stated
he has never witnessed a car driving on the right side of a
stopped school bus; however, he has issued citations to
motorists passing stopped school buses.
In response to Mr. Elswick's question, Colonel Dupuis stated
the same number of violations have been issued compared to
this time last year.
In response to Ms. Jaeckle's question, Colonel Dupuis stated
there are three types of people who would pass a stopped
school bus, an individual who does not know the law, an
individual who is preoccupied and an individual who purposely
violates the law. He further stated bus cameras would impact
the group of violators who deliberately break the law. He
stated he believes an educational program with the use of
cameras could reduce the number of school buses being passed.
In response to Mr. Elswick's questions, Dr. Wingfield stated
he personally talked with school officials of various
localities whose data was collected relative to an annual
decrease in violations after the implementation of stop -arm
cameras. He further stated the vendors do not cover 100
percent of their cost before revenue comes back to the
jurisdiction.
15-1038
09/16/15
Mr. Warren stressed the importance of conducting a second
test period. He stated he believes the public relations
campaign needs to be stepped up, before an extremely high
cost program is initiated.
Mr. Warren then made a motion to defer the matter until
November 18, 2015.
Ms. Jaeckle suggested a friendly amendment to include a
second 30 -day stop -arm test period for school bus passing
violations.
Mr. Holland seconded Mr. Warren's motion.
Mr. Gecker inquired about involvement in the RFP process and
the vendor's proposal. He stated it is his understanding that
once the ordinance is passed the Board loses the ability to
be involved in the RFP process. He stressed the importance of
understanding the details.
In response to Mr. Gecker's question, Mr. Mincks stated the
net after all expenses are paid is not mandated to go to the
school system and could be designated to the general fund.
Mr. Gecker stated when the matter comes back before the
Board, the appropriate place for any excess funds needs to be
determined.
In response to Mr. Gecker's remarks, Mr. Mincks stated it was
raised in the presentation the possibility of a period when
warnings would be given before citations are actually issued,
which the ordinance does not currently provide. He further
stated the Board could take the position to consider any fine
up to $250.
Mr. Elswick recommended holding a public hearing at the
November 18th meeting.
Mr. Holland concurred with Mr. Elswick's recommendation. He
requested addition information relative to cost per unit and
the financial implications of the program before the November
18th meeting.
Mr. Gecker stated there is a certain reluctance to impose new
fines on the citizens without a clear linkage between the
Board's action and an improvement in safety. He further
stated if there is a less intrusive way to get to the same
result through an aggressive public education campaign for
example, that would be preferable to the Board, than to
impose a new layer of fines.
Both Mr. Warren and Mr. Holland accepted Ms. Jaeckle's
friendly amendment to include a second 30 -day stop -arm test
period for school bus passing violations in Mr. Warren's
original motion.
Discussion ensued relative to the motion.
Mr. Elswick encouraged each Board member to request
additional data from staff, before the November 18th meeting.
Ms. Blakley reread the amended motion.
15-1039
09/16/15
14
Mr. Elswick called for a vote on Mr. Warren's motion,
seconded by Mr. Holland, for the Board to defer 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 until November 18, 2015; hold a
public hearing on the matter; and replicate a second 30 -day
test period for school bus passing violations prior to the
public hearing.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Mr. Holland, seconded by Mr. Warren, the Board
suspended its rules to allow simultaneous nomination/
appointment of a member to the Youth Services Citizen Board.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.A.1. YOUTH SERVICES CITIZEN BOARD
On motion of Mr. Warren, seconded by Mr. Holland, the Board
simultaneously nominated/appointed Ms. Ruth Saunders, an
adult representative, to serve on the Youth Services Citizen
Board whose term is effective October 1, 2015, and will
expire on June 30, 2018.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B. CONSENT ITEMS
Mr. Warren made a motion, seconded by Mr. Holland, for the
Board to remove the following item from the consent agenda to
allow for public comment: Item 8.B.6.g., Set Date for Public
Hearing to Consider an Application for Waste Material
Management and Disposal by Shoosmith Brothers, Incorporated
to Use the Quarry as a Landfill.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B.1. ADOPTION OF RESOLUTIONS
8.B.l.a. RECOGNIZING OCTOBER 2015 AS "CRIME PREVENTION
MONTH" IN CHESTERFIELD COUNTY
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the National Crime Prevention Council promotes
awareness of important issues such as victimization,
volunteerism, and creating safer, more caring communities,
15-1040
09/16/15
and in 1984, designated October as Crime Prevention Month,
and; and
WHEREAS, in 2012, Chesterfield County was recognized by
the Department of Criminal Justice Services as a Certified
Crime Prevention Community; and
WHEREAS, effective crime prevention depends on
collaborative partnerships among law enforcement, other
government agencies, civic groups, schools, faith
communities, businesses, and individuals as they help to
nurture shared responsibility and instill pride; and
WHEREAS, effective prevention requires addressing causes
of crime and reducing opportunities for it to occur; and
WHEREAS, everyone, regardless of age, position, or
capacity, must be made aware of what they can do to prevent
themselves and their families, neighbors, and co-workers from
being victims of crime; and
WHEREAS, the vitality of our county depends on
community-based crime prevention programs for our homes,
neighborhoods, schools, workplaces, and communities to make
our county a safe place to live, work, learn and play; and
WHEREAS, crime and fear of crime threatens our
community's safety and security, healthy living and well-
being, economic prosperity and educational excellence, and
quality of life.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes October 2015 as Crime
Prevention Month" in Chesterfield County and urges all
community members, government agencies, public and private
institutions, and businesses to invest in the power of
prevention and work together to make Chesterfield County a
safer, stronger, and more caring community.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B.l.b. RECOGNIZING THE 100TH ANNIVERSARY OF THE VIRGINIA
SECTION OF THE AMERICAN CHEMICAL SOCIETY
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the American Chemical Society, which was
founded in 1876, is the world's largest scientific society
with more than 150,000 members; and
WHEREAS, the organization is dedicated to the
encouragement of the advancement of chemistry by promoting
research, education, public communication and public
services; and
WHEREAS, the Virginia Section of the American Chemical
Society is comprised of nearly 1,400 scientists, engineers
15-1041
09/16/15
9
9
1E
and educators and has been recognized for its outstanding
program of activities; and
WHEREAS, the Virginia Section has been a leader in
supporting science education and the chemical profession,
promoting public awareness of chemistry, and encouraging
interest in the chemical sciences; and
WHEREAS, the American Chemical Society has chosen the
Virginia Section as the site of four Southeastern Regional
meetings, as well as one national meeting; and
WHEREAS, the Virginia Section of the American Chemical
Society promotes chemistry education through grants that
provide seed money for grades K-12, teachers and students, by
awarding annually three Excellence in Teaching Awards and by
sponsoring each year the Chemistry Olympiad for high school
students; and
WHEREAS, the Virginia Section of the American Chemical
Society will be celebrating its 100th anniversary on October
24, 2015, with a gala to be held in Chesterfield County.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby congratulates the Virginia
Section of the American Chemical Society on its 100th
anniversary, extends appreciation for the organization's
support of teachers and students throughout the Commonwealth,
and offers best wishes for continued success.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B.l.c. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT
8.B.1.c.2. MR. ELVIN BOTTOMS, UTILITIES DEPARTMENT
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Mr. Elvin Bottoms retired from Chesterfield
County Utilities Department on August 28, 2015; and
WHEREAS, Mr. Elvin Bottoms began his public service with
Chesterfield County on August 16, 1982, when he was hired by
the Chesterfield Utilities Department as a Laborer II; and
WHEREAS, Mr. Bottoms was promoted several times within
his division and served faithfully as a Heavy Equipment
Operator from 1999 until his retirement; and
WHEREAS, Mr. Bottoms provided daily assistance to the
staff that are responsible for maintaining utility easements
throughout Chesterfield County; and
WHEREAS, Mr. Bottoms focused on providing world-class
customer service by consistently meeting or exceeding both
internal and external customer expectations; and
15-1042
09/16/15
WHEREAS, Mr. Bottoms continuously utilized his
operational knowledge of heavy equipment and experience to
provide timely repairs to water and wastewater service that
produced water services that are safe, reliable and
environmentally sound; and
WHEREAS, Mr. Bottoms was highly respected and liked by
his peers and coworkers; and
WHEREAS, Mr. Bottoms willingly and faithfully worked
after hours and during emergencies to restore water and
wastewater service to customers regardless of the weather
conditions or the time of day or night; and
WHEREAS, throughout his career with Chesterfield County,
Mr. Bottoms displayed dependability, aptitude, good character
and values.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. Elvin Bottoms and
extends on behalf of its members and the citizens of
Chesterfield County appreciation for more than 33 years of
exceptional service to the county.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B.1.c.3. LIEUTENANT ERIC R. HARTMAN, POLICE DEPARTMENT
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Lieutenant Eric R. Hartman will retire from the
Chesterfield County Police Department on October 1, 2015,
after providing over 35 years of outstanding quality service
to the residents of Chesterfield County; and
WHEREAS, Lieutenant Hartman has faithfully served the
county in the capacity of Patrol Officer, Police
Investigator, Police Detective, Police Detective First Class,
Sergeant and Lieutenant; and
WHEREAS, Lieutenant Hartman also served as a Field
Training Officer, ID Technician, Breathalyzer Operator,
Marine Patrol member, Asset Forfeiture Coordinator, Watch
Commander, K-9 Unit Sergeant and Administrative Sergeant; and
WHEREAS, during his tenure as a detective, Lieutenant
Hartman served as Coordinator of the South End Multi -
Jurisdictional Drug Task Force where he performed in a
supervisory role; and
WHEREAS, Lieutenant Hartman and a fellow group of
dedicated officers were the recipients of an Achievement
Award for the successful implementation of the 12 -hour shift
schedule within the Police Department; and
15-1043
09/16/15
9
9
9
WHEREAS, Lieutenant Hartman has been innovative in
suggesting and implementing various process improvements that
contributed to the efficient operations of the department;
and
WHEREAS, Lieutenant Hartman was consistently recognized
for his active role in mentoring newer officers during his
tenure in Uniform Operations and for always setting a
positive example for others to follow; and
WHEREAS, Lieutenant Hartman is recognized for his
communications and human relations skills, his
professionalism, teamwork and strong work ethic, all of which
he has utilized within the Police Department and in assisting
residents of Chesterfield County during his exemplary career;
and
WHEREAS, during his tenure, Lieutenant Hartman has
received numerous letters of commendation, thanks and
appreciation for services rendered; and
WHEREAS, Lieutenant Hartman has provided the
Chesterfield County Police Department with many years of
loyal and dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Lieutenant Hartman's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Lieutenant Eric R.
Hartman and extends on behalf of its members and the
residents of Chesterfield County, appreciation for his
service to the county, congratulations upon his retirement,
and best wishes for a long and happy retirement.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B.1.c.4. SENIOR FORENSIC INVESTIGATOR SUSAN T.
RICHARDSON, POLICE DEPARTMENT
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Senior Forensic Investigator Susan T.
Richardson will retire from the Chesterfield County Police
Department on October 1, 2015, after providing over 30 years
of quality service to the residents of Chesterfield County;
and
WHEREAS, Mrs. Richardson began her career as a
Chesterfield County Police Officer and afterwards, faithfully
served in the positions of Emergency Services Dispatcher,
Emergency Communications Officer, Police Evidence Technician,
Forensic Technician and Senior Forensic Investigator; and
WHEREAS, Mrs. Richardson also served as an Emergency
Medical Technician and General Instructor, and she has taught
various groups such as the Citizens Academy, Crime Solvers,
15-1044
09/16/15
recruits, detectives, and dispatchers as well as other law
enforcement personnel and citizen groups; and
WHEREAS, while serving as an Emergency Communications
Officer, Mrs. Richardson was the recipient of several life
saving awards; and
WHEREAS, Mrs. Richardson and the Forensic Unit received
a Unit Citation in 2003, for the unit's accomplishments which
included responding to 4,500 crime scenes, gathering 7,000 4j
pieces of evidence, the identification of over 200 suspects,
the exceptional crime scene investigation after the shooting
of a Chesterfield County police officer, and the crime scene
processing of a high profile case that involved national and
international connections; and
WHEREAS, Mrs. Richardson is the main composite sketch
artist for the Forensic Unit where her skill is a valuable
asset to the department as she continually produces high
quality sketches; in addition, her composite sketching
abilities was requested to assist a local news organization
and several local area police departments; and
WHEREAS, Mrs. Richardson is recognized for her
dedication, excellent communications and human relations
skills, and her professionalism and teamwork, all of which
she has utilized within the Police Department and in
assisting residents of Chesterfield County during her career;
and
WHEREAS, Mrs. Richardson frequently received letters of
thanks and appreciation for the detailed and compassionate
services rendered; and
WHEREAS, Mrs. Richardson has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Mrs. Richardson's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mrs. Susan T.
Richardson and extends on behalf of its members and the
residents of Chesterfield County, appreciation for her
service to the county, congratulations upon her retirement,
and best wishes for a long and happy retirement.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
9
15-1045
09/16/15
8.B.1.c.5. MR. L. DOUGLAS PRITCHARD, JR., ENVIRONMENTAL
ENGINEERING DEPARTMENT
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Mr. L. Douglas Pritchard, Jr., a former VDOT
Resident EIT, joined Chesterfield County August 1, 1975,
serving for 40 years, 2 months; and
WHEREAS, Mr. Pritchard was one of the first employees in
the Department of Environmental Engineering; and
WHEREAS, Mr. Pritchard has the distinction of being the
department's "first" plan review engineer; and
WHEREAS, Mr. Pritchard authored the Environmental
Engineering Reference Manual; and
WHEREAS, Mr. Pritchard co-authored the erosion and
sediment control, floodplain, and Chesapeake Bay Preservation
Act ordinances inclusive of subsequent revisions; and
WHEREAS, Mr. Pritchard initiated and implemented the
issuance of the land disturbance permit document to improve
the erosion and sediment control approval process; and
WHEREAS, Mr. Pritchard served as the first erosion and
sediment control program administrator successfully
overseeing multiple Department of Conservation and Recreation
programmatic reviews; and
WHEREAS, Mr. Pritchard managed the subdivision tentative
plan approval process throughout his tenure with the
department; and
WHEREAS, Mr. Pritchard's expertise was invaluable to the
zoning pre -application process; and
WHEREAS, Mr. Pritchard's "thorough" interviewing skills
provided the department numerous talented employees which
have been with the department for many years; and
WHEREAS, Mr. Pritchard supervised both the engineering
and inspection sections of the department that today has a
staff of 19; and
WHEREAS, Mr. Pritchard professionally represented the
department at countless meetings with citizens, county staff,
Planning Commissioners and Board of Supervisor members; and
WHEREAS, during Mr. Pritchard's early years of service,
he aspired to a musical talent playing keyboards and co -
managing the band "The Chesterfield Kings"; and
WHEREAS, Mr. Pritchard performed his duties with
selfless dedication and served as a model of commitment to
excellent customer service for all county employees; and
15-1046
09/16/15
WHEREAS, Mr. Pritchard will be missed for his kind, calm
and creative leadership, his mentoring of staff, and his
sharing of valuable professional knowledge acquired over his
many years of service to the public.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. L. Douglas
Prichard, Jr., and extends on behalf of its members and the
residents of Chesterfield County, appreciation for his
service to the county, congratulations upon his retirement,
and best wishes for a long and happy retirement.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B.l.d. RECOGNIZING SEPTEMBER 2015, AS "CHILDHOOD CANCER
AWARENESS MONTH" IN CHESTERFIELD COUNTY
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the American Cancer Fund for Children and Kids
Cancer Connection have reported that cancer is the leading
cause of death by disease among children in the United States
between infancy and age 15; and
WHEREAS, this tragic disease is detected in nearly
15,000 of our nation's young people each and every year, and
one in five of these children will lose his or her battle
with cancer; and
WHEREAS, many infants, children and teens will suffer
from long-term effects of comprehensive treatment, including
secondary cancers; and
WHEREAS, founded over 20 years ago by Steven Firestein,
a member of the philanthropic Max Factor cosmetics family,
the American Cancer Fund for Children, Inc. and Kids Cancer
Connection, Inc. are dedicated to helping these children and
their families; and
WHEREAS, the American Cancer Fund for Children and Kids
Cancer Connection provide a variety of vital patient
psychosocial services to children undergoing cancer treatment
at Walter Reed National Military Medical Center, Children's
National Medical Center in Washington, D.C., as well as
participating hospitals throughout the country, thereby
enhancing the quality of life for these children and their
families; and
WHEREAS, the American Cancer Fund for Children and Kids
Cancer Connection also sponsor Courageous Kid Recognition
Award presentations, community get well cards and hospital
celebrations in honor of a child's determination and bravery
to fight the battle against childhood cancer.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes September 2015 as
"Children's Cancer Awareness Month" in Chesterfield County,
and commends the American Cancer Fund for Children and Kids
Cancer Connection for the services they provide to children
who are diagnosed with cancer and their families.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
15-1047
09/16/15
9
9
9
8.B.l.e. RECOGNIZING OCTOBER 4-10, 2015, AS "PARALEGALS'
WEEK" IN CHESTERFIELD COUNTY
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, legal assistants and paralegals provide skilled
and essential professional services to licensed attorneys
throughout Virginia; and
WHEREAS, legal assistants and paralegals receive formal
education and training and gain valuable experience working
under the supervision of licensed attorneys; and
WHEREAS, the Virginia Alliance of Paralegals
Associations (VAPA) issues educational standards and
professional guidelines to ensure that legal assistants are
competent and knowledgeable about their field; and
WHEREAS, the research and administrative work performed
by legal assistants and paralegals are essential to the
ability of attorneys to provide their clients with quality
legal services and representation; and
WHEREAS, VAPA member organizations sponsor educational
programs, seminars and forums designed to bring legal
assistants together to exchange ideas and methods used in
their occupation; and
WHEREAS, the VAPA encourages legal assistants and
paralegals to adhere to a high degree of ethical and
professional conduct and proficiency by issuing a code of
ethics for legal assistants and paralegals to practice.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes October 4-10, 2015, as
"Paralegals' Week" in Chesterfield County and calls its
significance to the attention of all its citizens.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B.2. REQUEST OF THE FRIENDS OF THE LIBRARY FOR APPROVAL TO
SERVE ALCOHOLIC BEVERAGES AT CLOVER HILL LIBRARY FOR
A FUND RAISING EVENT
On motion of Mr. Gecker, seconded by Mr. Warren, the
approved the request of the Friends of the Library to
alcoholic beverages at a fund raising event at Clover
Library on Friday, October 30, 2015, subject to
conditions.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
15-1048
Board
serve
Hill
the
09/16/15
8.B.3.
8.B.3.a.
APPROVAL OF MEMORANDUMS OF UNDERSTANDING
BETWEEN THE CHESTERFIELD COUNTY POLICE DEPARTMENT
AND JOHN TYLER COMMUNITY COLLEGE RELATED TO FELONY
SEXUAL ASSAULTS
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
authorized the Chief of the Chesterfield County Police
Department to sign and execute the Memorandum of
Understanding with John Tyler Community College related to
felony sexual assaults. (It is noted a copy of the Memorandum
of Understanding is filed with the papers of this Board.)
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B.3.b. BETWEEN THE COUNTY OF CHESTERFIELD AND THE
COMMONWEALTH OF VIRGINIA, DEPARTMENT OF EMERGENCY
MANAGEMENT, RELATED TO THE DIVISION 1 SEARCH AND
TECHNICAL RESCUE URBAN SEARCH AND RESCUE TEAM
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
authorized the Fire Chief of Chesterfield Fire and Emergency
Medical Services to sign and execute a Memorandum of
Understanding with the Commonwealth of Virginia, Department
of Emergency Management regarding the Division 1 Search and
Technical Rescue/Urban Search and Rescue Team.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B.4. REQUEST FOR ENTERTAINMENT FESTIVAL PERMIT FOR
CHESTERFEST
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
approved the request for an entertainment festival permit for
ChesterFest to the held Saturday, September 26, 2015.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B.5. ACCEPTANCE OF FY2016 HIGHWAY SAFETY PROJECT GRANTS
AWARDED BY THE DEPARTMENT OF MOTOR VEHICLES
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
accepted and appropriated FY2016 Highway Safety Project
Grants, in the amount of $185,582, from the Department of
Motor Vehicles for the purpose of speed and alcohol
enforcement activities.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
15-1049
09/16/15
9
8.B.6. SET DATES FOR PUBLIC HEARINGS
8.B.6.a. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATED
TO THE BOARD OF BUILDING AND FIRE PREVENTION CODE
APPEALS
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
set October 28, 2015, as the date for a public hearing for
the Board to consider amending Section 5-8 of the County Code
relating to the Board of Building and Fire Prevention Code
Appeals.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B.6.b. TO CONSIDER THE CLAIM OF SARAH M. KLUG AND MAURY
ANN MILLER FOR SURPLUS TAX SALE FUNDS
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
set October 28, 2015, as the date for a public hearing for
the Board to consider the claim of Sarah M. Klug and Maury
Ann Miller for surplus tax sale funds.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B.6.c. TO CONSIDER CODE AMENDMENTS RELATING TO VARIANCES
AND BOARD OF ZONING APPEALS MEETING PROCEDURES
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
set October 28, 2015, as the date for a public hearing for
code amendments relating to variances and Board of Zoning
Appeals (BZA) meeting procedures.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B.6.e. TO CONSIDER THE FY2017 TRANSPORTATION
ALTERNATIVES PROJECTS
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
set October 28, 2015, as the date for a public hearing for
the Board to consider the FY2017 Transportation Alternatives
(formerly Enhancement) Projects.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B.6.f. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE
RELATED TO ADDING MID -LOTHIAN MINES PARK TO THE
LIST OF COUNTY FACILITIES WHERE ALCOHOL CAN BE
SERVED
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
set October 28, 2015, as the date for a public hearing for
the Board to consider amending Section 14-23 of the County
Code relating to adding Mid -Lothian Mines Park to the list of
county facilities where alcohol could be served.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
15-1050
09/16/15
8.B.7. STATE ROADS ACCEPTANCE
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the street described below is shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
street meets the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: The Sanctuary at Watermill Section C at
Rountrey
Type Change to the Secondary System miles of State Highways:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.2-705
Street Name and/or Route Number
• Thorncrag Lane, State Route Number 7570
From: End of Maintenance, Thorncrag Lane (Route 7570)
To: Cul -de -Sac, a distance of: 0.02 miles.
Recordation Reference: Plat Book 209, Page 43
Right of Way width (feet) = 40
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a
plat recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
15-1051
09/16/15
9
9
M
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Rountrey Section 3
Type Change to the Secondary System miles of State Highways:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.2-705
Street Name and/or Route Number
• Woolridge Road, State Route Number 668
From: 0.02 miles north of Spaldwick Lane, (Route 7393)
To: 0.15 miles north of Spaldwick Lane, (Route 7393), a
distance of: 0.13 miles.
Recordation Reference: Plat Book 209, Page 17
Right of Way width (feet) = 120
• Farcet Terrace, State Route Number 7828
From: Farcet Drive, (Route 7824)
To: Cul -de -Sac, a distance of: 0.10 miles.
Recordation Reference: Plat Book 209, Page 17
Right of Way width (feet) = 40
• Woolridge Road, State Route Number 668
From: Simonsbath Drive, (Route 7820)
To: End of Maintenance, a distance of: 0.00 miles.
Recordation Reference: Plat Book 209, Page 17
Right of Way width (feet) = Variable
• Simonsbath Drive, State Route Number 7820
From: Woolridge Road, (Route 668)
To: 0.02 miles west of Woolridge Road, (Route 668), a
distance of: 0.02 miles.
Recordation Reference: Plat Book 209, Page 17
Right of Way width (feet) = 100
• Lacoc Road, State Route Number 7821
From: Woolridge Road, (Route 668)
To: Barkham Drive, (Route 7822), a distance of: 0.05 miles.
Recordation Reference: Plat Book 209, Page 17
Right of Way width (feet) = 57
• Barkham Drive, State Route Number 7822
From: Lacoc Road, (Route 7821)
To: Cul -de -Sac, a distance of: 0.06 miles.
Recordation Reference: Plat Book 209, Page 17
Right of Way width (feet) = 44
• Barkham Drive, State Route Number 7822
From: Lacoc Road, (Route 7821)
To: Farcet Drive, (Route 7824), a distance of: 0.06 miles.
Recordation Reference: Plat Book 209, Page 17
Right of Way width (feet) = 44
• Barkham Drive, State Route Number 7822
From: Farcet Drive, (Route 7824)
To: Barkham Court, (Route 7823), a distance of: 0.12 miles.
15-1052
09/16/15
Recordation Reference: Plat Book 209, Page 17
Right of Way width (feet) = 44
• Barkham Drive, State Route Number 7822
From: Barkham Court, (Route 7823)
To: Cul -de -Sac, a distance of: 0.06 miles.
Recordation Reference: Plat Book 209, Page 17
Right of Way width (feet) = 44
• Barkham Court, State Route Number 7823
From: Barkham Drive, (Route 7822)
To: Cul -de -Sac, a distance of: 0.02 miles.
Recordation Reference: Plat Book 209, Page 17
Right of Way width (feet) = 55
• Farcet Drive, State Route Number 7824
From: Barkham Drive, (Route 7822)
To: Farcet Place, (Route 7825), a distance of: 0.07 miles.
Recordation Reference: Plat Book 209, Page 17
Right of Way width (feet) = 49.5
• Farcet Drive, State Route Number 7824
From: Farcet Place, (Route 7825)
To: Cranford Loop, (Route 7826), a distance of: 0.00 miles.
Recordation Reference: Plat Book 209, Page 17
Right of Way width (feet) = 49.5
• Farcet Drive, State Route Number 7824
From: Cranford Loop, (Route 7826)
To: Farcet Court, (Route 7827), a distance of: 0.04 miles.
Recordation Reference: Plat Book 209, Page 17
Right of Way width (feet) = 49.5
• Farcet Drive, State Route Number 7824
From: Farcet Court, (Route 7827)
To: Safewings Place, (Route 7571), a distance of: 0.05 miles.
Recordation Reference: Plat Book 209, Page 17
Right of Way width (feet) = 41
Farcet Place, State Route Number 7825
From: Farcet Drive, (Route 7824)
To: Cul -de -Sac, a distance of: 0.05 miles.
Recordation Reference: Plat Book 209, Page 17
Right of Way width (feet) = 40
• Canford Loop, State Route Number 7826
From: Farcet Drive, (Route 7824)
To: Begin Loop, a distance of: 0.04 miles.
Recordation Reference: Plat Book 209, Page 17
Right of Way width (feet) = 40
• Canford Loop, State Route Number 7826
From: Begin Loop
To: End Loop at Intersection, a distance of: 0.09 miles.
Recordation Reference: Plat Book 209, Page 17
Right of Way width (feet) = 65
• Farcet Court, State Route Number 7827
From: Farcet Drive, (Route 7824)
15-1053
09/16/15
9
9
9
To: Cul -de -Sac, a distance of: 0.04 miles.
Recordation Reference: Plat Book 209, Page 17
Right of Way width (feet) = 40
• Woolridge Road, State Route Number 668
From: 0.15mi N of Spaldwick Lane, (Route 7393)
To: Simonsbath Drive, (Route 7820), a distance of: 0.05
miles.
Recordation Reference: Plat Book 209, Page 17
Right of Way width (feet) = Variable
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a
plat recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Westerlei
gh Section 4
stem miles of State Hi
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.2-705
Street Name and/or Route Number
• Westervelt Court, State Route Number 7817
From: Crosswycke Drive, (Route 7629)
To: Cul-de-sac, a distance of: 0.08 miles.
Recordation Reference: Plat Book 218, Page 54
Right of Way width (feet) = 40
• Windon Court, State Route Number 7816
From: Crosswycke Drive, (Route 7629)
To: Cul-de-sac, a distance of: 0.12 miles.
Recordation Reference: Plat Book 218, Page 54
Right of Way width (feet) = 40
And, further, the Board adopted the following resolution:
WHEREAS, the street described below is shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
street meets the requirements established by the Subdivision
15-1054
09/16/15
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Proiect/Subdivision: Boxwood
►stem miles of State Hil
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.2-705
Street Name and/or Route Number
• Leno Place, State Route Number 7818
From: Providence Road, (Route 678)
To: Cul-de-sac, a distance of: 0.23 miles.
Recordation Reference: Plat Book 191, Page 90
Right of Way width (feet) = 40
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B.8. APPROVAL OF CHANGE ORDER NUMBER ONE AND FINAL FOR THE
SHERBOURNE ROAD SEWER PROJECT
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
approved Change Order Number One and Final for the Sherbourne
Road Sewer project in the net amount of $34,467.72 and
authorized the County Administrator to execute any necessary
documents.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B.9. REQUESTS FOR PERMISSION
8.B.9.a. FROM DEAN DILLINGHAM AND LYNN DILLINGHAM FOR A
PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN -FOOT
DRAINAGE EASEMENT AND AN EIGHT -FOOT EASEMENT ACROSS
LOT 10, WALKERS CHASE, SECTION 3 AT FOXCREEK
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
granted Dean Dillingham and Lynn Dillingham permission for a
proposed fence to encroach within a 16' drainage easement and
an 8' easement across Lot 10, Walkers Chase, Section 3 at
Foxcreek, 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.
15-1055
09/16/15
F]
9
91
N
8.B.9.b. FROM PHILIP S. GARDNER, WILLIAM J. ROWE, JR. AND
JAMES M. M. BUCHANAN TO CONSTRUCT A GRAVEL DRIVEWAY
WITHIN A TWENTY-FIVE FOOT DEDICATED COUNTY RIGHT OF
WAY TO ACCESS PROPERTY ON STARVIEW LANE
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
granted Philip S. Gardner, William J. Rowe, Jr. and James M.
M. Buchanan permission to construct a gravel driveway within
a 25' dedicated county right of way to access property at
1114 Starview Lane, subject to the execution of a license
agreement. ( It is noted a copy of the plat is f iled with the
papers of this Board.)
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B.9.c. FROM HOMESMITH CONSTRUCTION INCORPORATED FOR A
PROPOSED ASPHALT DRIVEWAY TO ENCROACH WITHIN A
SIXTEEN -FOOT DRAINAGE EASEMENT ACROSS LOT 27,
HALLSLEY, SECTION 10
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
granted Homesmith Construction Inc. permission for a proposed
asphalt driveway to encroach within a 16' drainage easement
across Lot 27, Hallsley, Section 10, 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.B.9.d. FROM MOUNT BLANCO DEVELOPMENT, LLC FOR AN ASPHALT
DRIVEWAY AND WALKWAY TO ENCROACH IN A THIRTY-FOOT
DRAINAGE EASEMENT ACROSS THE OPEN SPACE WITHIN
MOUNT BLANCO, SECTION 3
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
granted Mount Blanco Development, LLC permission for an
asphalt driveway and walkway to encroach in a 30' drainage
easement across the open space within Mount Blanco, Section
3, 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.B.10. ACCEPTANCE OF PARCELS OF LAND
8.B.10.a. ALONG DUNDAS ROAD FROM IGLESIA BAUTISTA MISIONERA
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
accepted the conveyance of two parcels of land containing a
total of 0.011 acres along Dundas Road from Iglesia Bautista
Misionera, 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.)
15-1056
09/16/15
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B.10.b. ALONG WILD TURKEY RUN FROM ROBERT C. LUNDY AND
ELEANOR B. LUNDY
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
accepted the conveyance of a parcel of land containing 0.016
acres along Wild Turkey Run from Robert C. Lundy and Eleanor
B. Lundy 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.
8.B.11. REQUEST TO AID MIDLOTHIAN TOWN CENTER APARTMENTS,
LLC IN THE ACQUISITION OF OFFSITE RIGHT OF WAY FOR A
RIGHT TURN LANE ALONG MIDLOTHIAN TURNPIKE AT
WINTERFIELD ROAD
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
authorized right of way staff to aid Midlothian Town Center
Apartments, LLC in the acquisition of offsite right of way
for a right turn lane along Midlothian Turnpike at
Winterfield Road, subject to the developer executing a
contract agreeing to pay all costs.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B.12. APPROPRIATION OF CASH PROFFERS TO THE ROUTE 1/OLD
BERMUDA HUNDRED ROAD INTERSECTION IMPROVEMENT
PROJECT
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
transferred $911,000 in cash proffers from the Route 10
(Route 1 to I-95) Widening project to the Route 1/Old Bermuda
Hundred Road Intersection Improvement Project, appropriated
$911,000 in cash proffers to the Route 10 (Route 1 to I-95)
Widening project from sheds 13 and 14, appropriated $269,000
in cash proffers from sheds 15 and 19 to the Route 1/Old
Bermuda Hundred Road Intersection Improvement Project, and
authorized the County Administrator to enter into the
VDOT/County agreement for the contribution of $1.18M to the
Route 1/Old Bermuda Hundred Road Intersection Improvement
Project.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B.13. AWARD ANNUAL CONTRACTS FOR PROFESSIONAL ENGINEERING,
CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
authorized the County Administrator to execute contracts for
professional services for engineering, construction
15-1057
09/16/15
9
9
9
M
administration and inspection for road construction
related projects, subject to VDOT's approval, with
following firms:
Engineering Services:
• AECOM Technical Services, Inc.
• Austin Brockenbrough & Associates, LLP
• Johnson, Mirmiran and Thompson, Inc.
• Kimley-Horn and Associates, Inc.
• McCormick Taylor, Inc.
• Timmons Group, Inc.
• A Morton Thomas and Associates, Inc.
• Dewberry Engineers, Inc.
• Rummel, Klepper & Kahl, LLP
Construction Administration and Inspection Services:
• McDonough Bolyard Peck, Inc.
• NXL Construction Company
• Stantec Consulting Services, Inc.
• Johnson, Mirmiran and Thompson, Inc.
• A Morton Thomas and Associates, Inc.
• Rummel, Klepper & Kahl, LLP
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B.14. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO EXECUTE
THE SPECIAL PROJECT SERVICE AGREEMENT FOR
REFRIGERANT COLLECTION AND PROCESSING SERVICES
and
the
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
authorized the County Administrator to sign the special
project service agreement with the Central Virginia Waste
Management Authority (CVWMA) for refrigerant (CFC/HCFC)
Collection and Processing Services.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B.15. DESIGNATION OF FY2015 CHESTERFIELD REVENUE SHARING
PROJECTS
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
approved the FY2017-FY2021 Revenue Sharing Plan (Attachment
A); included the $20 million in sources and uses in the
FY2017 Capital Improvement Program; and upon approval from
VDOT and adoption of the FY2017 Capital Improvement Program
(CIP), authorized the County Administrator to enter into the
necessary county/VDOT agreements/contracts, permits/
mitigation agreements, and surety agreements, acceptable to
the County Attorney, for the FY2017 projects; authorized the
County Administrator, upon VDOT approval and adoption of the
FY2017 CIP, to proceed with the design and right-of-way
acquisition, including advertisement of an eminent domain
public hearing, if necessary, for FY2017 projects; authorize
15-1058
09/16/15
the Chairman of the Board of Supervisors and County
Administrator to execute easement agreements for relocation
of utilities; and authorized the County Administrator, upon
VDOT approval and adoption of the FY2017 CIP, to proceed with
the advertisement for construction of the FY2017 projects.
And, further, the Board adopted the following resolution
designating the projects as listed in the resolution as the
county's FY2017 Revenue Sharing projects, totaling $20
million:
WHEREAS, Section 33.1-23.05 of the Code of
Virginia permits the Commonwealth Transportation
Board to make an equivalent matching allocation to
any County for designations by the governing body of
up to $10,000,000 in funds received by it during the
current fiscal year for use by the Commonwealth
Transportation Board to construct, maintain, or
improve primary and secondary highway systems within
such County;
WHEREAS, the Chesterfield County Board of
Supervisors will make available $10 million for the
Chesterfield Revenue Sharing Program with the
adoption of the FY2017 Appropriation Resolution and
other Board action; and
WHEREAS, the Virginia Department of
Transportation has notified the county that $10
million is the maximum amount of Chesterfield County
funds that can be matched by the state during
FY2017.
NOW, THEREFORE, BE IT RESOLVED that the
Chesterfield County Board of Supervisors
appropriates and/or transfers $10 million to be
matched by the State for the FY2017 Chesterfield
Revenue Sharing Program.
AND, BE IT FURTHER RESOLVED that the matched
funds be allocated to the following projects:
$2,100,000 Beach Road (Route 10 to Nash Road)
Capacity Improvement
Preliminary Engineering, Right-of-way
& Construction
$1,050,000-VDOT and $1,050,000 -County
$2,400,000 Dundas Road Pedestrian Improvements
Preliminary Engineering, Right-of-way
& Construction
$1,200,000-VDOT and $1,200,000 -County
$1,387,784 Hicks Road (Mount Gilead Boulevard to
Cardiff Lane) Improvements
Preliminary Engineering, Right-of-way
& Construction
$693,892-VDOT and $693,892 -County
15-1059
09/16/15
9
9
$4,281,000
Lucks Lane (Spirea Road to E. Evergreen
Parkway)Widening
Preliminary Engineering, Right-of-way
& Construction
$2,140,500-VDOT and $2,140,500 -County
$531,216 Otterdale Road/Old Hundred Road
Intersection Improvement
Preliminary Engineering, Right-of-way
& Construction
$265,608-VDOT and $265,608 -County
$2,200,000 Robious Road (James River Road to
county line) Widening
Preliminary Engineering, Right-of-way
& Construction
$1,100,000-VDOT and $1,100,000 -County
$2,800,000 Winterpock Road (Route 360 to Royal
Birkdale Parkway) Widening
Preliminary Engineering, Right-of-way
& Construction
$1,400,000-VDOT and $1,400,000 -County
$1,000,000 Bailey Bridge Road (Sunday Silence
Lane to Spring Run Road) Shoulder
Preliminary Engineering, Right-of-way
& Construction
$500,000-VDOT and $500,000 -County
$1,900,000 Belmont Road (Whitepine Road to
Courthouse Road) Reconstruction
Preliminary Engineering, Right-of-way
& Construction
$950,000-VDOT and $950,000 -County
$200,000 Bon Air Improvements
Preliminary Engineering, Right-of-way
& Construction
$100,000-VDOT and $100,000 -County
$1,100,000 Ecoff Avenue (Ivywood Road to Ken
Drive) Minor Widening
Preliminary Engineering, Right-of-way
& Construction
$550,000-VDOT and $550,000 -County
$100,000 Providence Middle School Area Road
Improvements (Elkhardt Road)
Preliminary Engineering, Right-of-way
& Construction
$50,000-VDOT and $50,000 -County
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
15-1060
09/16/15
8.B.16. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
BERMUDA DISTRICT IMPROVEMENT FUND
8.B.16.a. TO THE PARKS AND RECREATION DEPARTMENT TO CONVERT
UNUSED TENNIS COURTS AT BENSLEY PARK INTO FUTSAL
( SOCCER) COURTS
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
transferred $3,500 in Bermuda District Improvement Funds to
the Chesterfield County Parks and Recreation Department to
convert unused tennis courts at Bensley Park into futsal
(soccer) courts.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B.16.b. TO THE POLICE DEPARTMENT FOR TRAFFIC CONTROL
DURING THE CHESTER KIWANIS CLUB'S ANNUAL CHRISTMAS
PARADE
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
transferred $6,614 from the Bermuda District Improvement Fund
to the Police Department for traffic control during the
Chester Kiwanis Club's Annual Christmas Parade.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
The following items were removed from the consent agenda for
Board discussion:
8.B.l.f. RECOGNIZING THE LATE MRS. VIRGINIA ANDERSON JUSTIS
FOR HER CONTRIBUTIONS TO THE MIDLOTHIAN COMMUNITY
Mr. Gecker recognized the many contributions of Mrs. Justis
to the Midlothian Community. He stated she was a pillar of
the community who will be greatly missed by all who were
fortunate enough to know her.
Mr. Gecker then made a motion, seconded by Mr. Holland, for
the Board to adopt the following resolution:
WHEREAS, Mrs. Virginia Anderson Justis was born
September 22, 1925, at Grace Hospital in Richmond; and
WHEREAS, Mrs. Justis was the youngest of Leland and
Roberta Anderson's three children; and
WHEREAS, her father came to Midlothian from Hanover
County to work in the Mid -Lothian Coal Mines; and
WHEREAS, Mrs. Justis attended Chesterfield County Public
Schools from first grade until her graduation from high
school in 1943; and
WHEREAS, she followed in her mother and grandmother's
footsteps by graduating from Farmville State Teacher's
College, now Longwood University, in 1947; and
WHEREAS, Mrs. Justis was a Midlothian resident her
entire life, except for four years that she spent as a
teacher in Bedford County from 1947 to 1951; and
15-1061
09/16/15
9
9
WHEREAS, beginning in 1952, Mrs. Justis returned to
Chesterfield County where she taught science at Midlothian
High School for 34 years prior to her retirement in 1985; and
WHEREAS, Mrs. Justis was the coach of the girls
basketball team and also began the girls field hockey program
at Midlothian High School; and
WHEREAS, the school's National Honor Society is named in
her honor; and
WHEREAS, she married Robert A. Justis in July 1954 and
was married to him for 25 years until his death in 1979; and
WHEREAS, the couple lived on a dairy farm in Midlothian,
where the Sommerville Office Park is now located; and
WHEREAS, although Mrs. Justis did not have any children,
she has numerous beloved nieces and nephews, and thousands of
students she has positively influenced, including the sons
and daughters of many of her earlier pupils; and
WHEREAS, Mrs. Justis was a lifetime member of Winfree
Memorial Baptist Church where she has actively served in the
roles of deacon, trustee and Sunday School teacher; and
WHEREAS, she also was active in the Midlothian
community, serving as an officer of the election for the
county's Office of the General Registrar working the polls
during elections, and also was a frequent attendee at Board
of Supervisors and Planning Commission meetings; and
WHEREAS, Mrs. Justis passed away on September 9, 2015,
just prior to her 90th birthday; and
WHEREAS, Chesterfield County is proud to have had Mrs.
Justis as an esteemed resident for nearly 90 years.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the late Mrs. Virginia
Anderson Justis and expresses gratitude to her family for her
outstanding service to the Midlothian community and to
Chesterfield County.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.B.6.d. TO CONSIDER THE PROPOSED BIKEWAYS AND TRAILS
CHAPTER OF THE COMPREHENSIVE PLAN
Mr. Warren expressed concerns relative to a lack of funding
designated for the plan as part of the CIP. He stated there
is a greater need for road improvements in the county and
inadequate funding for exceptional amount of transportation
improvement priorities.
In response to Mr. Warren's question, Mr. Golden stated there
is more general designation for school and park improvements
for acquisition that could go towards implementing a bikeways
and trails plan, but not specifically.
15-1062
09/16/15
Mr. Warren expressed concerns relative to implementing a plan
with no dedicated funding. He noted he would not be against
the plan if there was a dedicated source of funding already
identified. He also expressed concerns with the double
advertisement of the plan by both the Planning Commission and
the Board of Supervisors and the lack of time between
meetings to gather input and review information.
In response to Mr. Warren's concerns, Mr. Gecker stated in
this case a misapprehension of the process is being shared.
He further stated a number of years ago there was an outline
of the Greenways Plan which provided a network of greenways
throughout the county. He stated the Greenways Plan did not
set out locationally where on the' ground the plan would be.
He further stated the purpose of moving forward the Bikeways
and Trails Plan is to clearly mark out the recreational
component for the county and as opportunities arise those
opportunities will be taken advantage of to create a
connected network of bikeways and trails so future citizens
can enjoy them. He stressed the importance of laying the plan
down on paper. He noted there are currently parcels of
dedicated land the county is looking to acquire that would
tie into linear connections through the plan. He stated the
vision for the future includes an integrated network of both
bikeways and trails. He further stated he would hope Mr.
Warren would reconsider moving forward and setting the public
hearing.
Ms. Jaeckle stated she has found that many developers would
have been willing to incorporate a bikeway or sidewalk into
their overall design if a county plan was already in place.
She further stated there needs to be an overall plan to
provide a certain amount of walkability for citizens. She
stated she believes a certain amount of funding will be
provided through future dedication. She stressed the future
importance relative to parks and recreational amenities for
the county.
Mr. Holland highly praised the Bikeway and Trails Plan and
stated it envisions the future for the county. He further
stated timing is critical in order to allow citizens to
review the plan online and provide their input relative to
the issue. He inquired about the consideration of possible
grant funding.
Ms. Jaeckle stated grants would be unattainable without a
plan in place. She further stated the Committee on the Future
presented the plan to the Board in 2005.
In response to Ms. Jaeckle's question, Ms. Heather Barrar
stated the process began in January 2014 and the first round
of public input for the Bikeways and Trails Chapter began in
the summer of 2014.
Mr. Elswick stated he supports the plan; however, recently he
attended a meeting at a hunt club with concerned citizens
regarding the plan. He further stated citizens expressed
concerns relative to possible changes and timing of the
proposal. He stated he would feel comfortable presenting the
15-1063
09/16/15
9
9
9
plan to the community once the Planning Commission has made
potential changes. He further stated he does not wish to hold
a public hearing on the matter in October.
Mr. Gecker recommended holding the public hearing on November
18, 2015. He stated the Planning Commission represents the
same public and citizens are familiar with the proposal.
Mr. Holland concurred with Mr. Gecker's recommendation.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
set November 18, 2015, as the date for a public hearing for
the Board to consider the proposed Bikeways and Trails
Chapter of the Comprehensive Plan.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
The following item was removed from the consent agenda for
public comment:
8.B.6.g. TO CONSIDER AN APPLICATION FOR WASTE MATERIAL
MANAGEMENT AND DISPOSAL BY SHOOSMITH BROTHERS,
INCORPORATED TO USE THE QUARRY AS A LANDFILL
Mr. George Beadles, Clover Hill District resident, expressed
concerns relative to the application for waste material
management and disposal by Shoosmith Brothers, Incorporated
to use the quarry as a landfill.
Mr. Holland stated the Board has agreed to hold a public
hearing regarding the matter and stressed the importance of
citizen input and inclusion.
Mr. Holland then made a motion, seconded by Mr. Warren, for
the Board to set October 28, 2015, as the date for a public
hearing for the Board to consider an application for waste
material management and disposal by Shoosmith Bros., Inc. to
use the quarry as a landfill.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
9. REPORTS
9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
LEASE PURCHASES
On motion of Mr. Holland, seconded by Mr. Warren, the Board
accepted the following reports: a Report on Developer Water
and Sewer Contracts; and a Report for Future Capital
Projects, District Improvement Funds and Lease Purchases.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
15-1064
09/16/15
10. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. George Beadles expressed concerns relative to the lack of
sidewalks and pedestrian crossing signs on Courthouse Road.
11. DINNER
On motion of Mr. Holland, seconded by Mr. Warren, the Board
recessed to Room 504 for dinner.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
12. INVOCATION/MOMENT OF SILENCE
The Honorable Dorothy Jaeckle, Bermuda District Supervisor,
gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Deputy County Administrator William Dupler led the Pledge of
Allegiance to the Flag of the United States of America.
14. RESOLUTIONS
14.A. RECOGNIZING MS. LA'TONYA DOCTOR, SOCIAL SERVICES
DEPARTMENT, UPON HER RETIREMENT
Ms. Sharpe introduced Ms. La'Tonya Doctor, who was present to
receive the resolution.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Ms. La'Tonya Doctor began her career in the
Virginia Social Services system in October 1990; and
WHEREAS, Ms. Doctor was hired as a Social Worker by the
Chesterfield -Colonial Heights Department of Social Services
on October 15, 1990; and
WHEREAS, Ms. Doctor gained considerable knowledge of
public child welfare programs, including child protective
services, prevention and family preservation; and
WHEREAS, Ms. Doctor was an active member on the Virginia
Alliance of Social Work Practitioners (VASWP) professional
organization, serving for many years with the organization's
Planning District 15 chapter and holding various leadership
roles; and
15-1065
09/16/15
9
W,
9
WHEREAS, Ms. Doctor served on various state and local
workgroups, including VASWP By -Laws Committee and Virginia
Department of Social Services Prevention Advisory Committee;
and
WHEREAS, Ms. Doctor served on several local committees,
including the department's Council for Performance
Excellence, Chesterfield County Truancy Prevention Team, an
intradepartmental Training and Education Workgroup, and the
department's Bright Ideas Committee; and
WHEREAS, Ms. Doctor completed various leadership courses
including obtaining an Employee Leadership Certificate
through the Chesterfield County Learning and Performance
Center and Dale Carnegie Institute, applying her knowledge to
make recommendations for improvement; and
WHEREAS, Ms. Doctor served on the department's Emergency
Shelter Team, supporting individuals and families who were
displaced as a result of natural disasters; and
WHEREAS, Ms. Doctor led a workgroup responsible for
creating the department's inaugural Resource Fair
highlighting resources available in the community; and
WHEREAS, throughout her tenure Ms. Doctor collaborated
with team members and community partners to identify
resources to meet the evolving needs of families; and
WHEREAS, Ms. Doctor has demonstrated dedication and
commitment to serving the citizens of Chesterfield County and
the City of Colonial Heights.
NOW, THERFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 16th day of September 2015,
publicly recognizes the outstanding contributions of Ms.
La'Tonya Doctor, expresses the appreciation of all residents
for her service to Chesterfield County and the City of
Colonial Heights and extends its congratulations upon her
retirement, as well as best wishes for a long and happy
retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Ms. Doctor, and that this
resolution be permanently recorded among the papers of the
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
Mr. Holland, Mr. Warren, Ms. Jaeckle and Mr. Gecker commended
Ms. Doctor for her dedicated and exemplary service to
citizens of Chesterfield County.
Mr. Elswick presented the executed resolution to Ms. Doctor,
extended his sincere appreciation for her dedicated service
and offered best wishes upon her retirement.
Mr. Stegmaier also highly praised Ms. Doctor for her
outstanding and noteworthy service and wished her well upon
her retirement.
15-1066
09/16/15
Ms. Doctor, accompanied by members of her family, sincerely
thanked the Board for the special recognition and kind
sentiments.
14.B. RECOGNIZING OCTOBER 13, 2015, AS "CHRISTMAS MOTHER
DAY" IN CHESTERFIELD COUNTY
Ms. Sharpe introduced Ms. Sarah Tatum, who was present to
receive the resolution.
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, most families in Chesterfield County enjoy
peace and happiness during the Christmas holidays; and
WHEREAS, there are many children and elderly who are
less fortunate and do not have the means to enjoy this
special time of year; and
WHEREAS, the Chesterfield -Colonial Heights Christmas
Mother Program has successfully provided food, gifts, books
and clothing to many of our citizens in the past; and
WHEREAS, Ms. Sarah Tatum has been elected Christmas
Mother for 2015 and requests the support of all the citizens
of Chesterfield County to ensure that those less fortunate
may enjoy this special season of the year.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 16th day of September 2015,
publicly recognizes October 13, 2015, as "Christmas Mother
Day" and urges all citizens of Chesterfield County to support
this worthy endeavor.
AND, BE IT FURTHER RESOLVED that the Board of
Supervisors publicly commends the Christmas Mother Program
for its successful efforts in past years and extends best
wishes for a successful 2015 season.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Ms. Tatum 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. Elswick presented the executed resolution and
contribution to Ms. Tatum on behalf of the county and wished
her success as Christmas Mother.
All Board members commended Ms. Tatum and the efforts of the
volunteers of the Christmas Mother Program.
Ms. Tatum, accompanied by her colleagues, expressed her
appreciation and provided information to the Board regarding
the Christmas Mother program.
15-1067
09/16/15
19
9
15. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Rodney Martin expressed concerns relative to chemicals
dumped on the grounds of various Chesterfield County Public
Schools.
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
1i.wn1Ai
(AMENDED) In Dale Magisterial District, Chesterfield Business
Partners LLC and Kingsland Towncenter LLC request amendment
of conditional use (Cases 06SN0237 and 07SN0226) to reduce
cash proffers and amendment of zoning district map in a
Community Business (C-3) District on 101 acres fronting the
west line of Iron Bridge Road and the north and south lines
of Kingsland Glen Drive. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Community Business
and Industrial uses. Tax IDs 771-676-6355; 771-678-2064; 772-
676-1177 and 2999; and 772-677-3568.
Mr. Turner stated the applicant is requesting a deferral to
the February 2016 regularly scheduled meeting.
Mr. Jack Wilson accepted the deferral on behalf of the
applicant.
Mr. Elswick called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
In response to Mr. Holland's question, Ms. Blakley stated the
2016 schedule has not been finalized.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
deferred Case 13SN0132 until the February 2016 regularly
scheduled meeting.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
15SN0607
In Bermuda Magisterial District, Udell Neal Brenner requests
rezoning from Agricultural (A) to General Industrial (I-2)
and amendment of zoning district map on 33.5 acres lying 800
feet off the west line of Jefferson Davis Highway, 3225 feet
south of Forest Lake Road. Density will be controlled by
zoning conditions or ordinance standards. The Comprehensive
Plan suggests the property is appropriate for Industrial use.
Tax ID 799-645-1518.
15-1068
09/16/15
Mr. Turner presented a summary of Case 15SN0607 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered condition.
Mr. Derek Johnson, representing the applicant, accepted the
recommendation.
Mr. Elswick called for public comment.
There being no one else to speak to the issue, the public
hearing was closed.
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
approved Case 15SN0607 and accepted the following proffered
condition:
Utilization of the existing access driveway across the Ashton
Creek Flood Plain by additional development facilities shall
not take place unless improvements to the satisfaction of the
Director of Environmental Engineering or as allowed by the
Board of Zoning Appeals have been implemented. The
acquisition of a supplemental access not involving the Ashton
Creek Flood Plain may serve to mitigate the level of
improvement to the existing driveway that would be required
by the Director. (EE)
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
15SN0636
In Midlothian Magisterial District, Karl Johnson requests
rezoning from Community Business (C-3) and Residential (R-7)
to Community Business (C-3) plus conditional use planned
development to permit exceptions to ordinance requirements
and amendment of zoning district map on 2.2 acres located in
the southeast corner of Midlothian Turnpike and Le Gordon
Drive. Density will be controlled by zoning conditions or
ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Village Fringe Area use. Tax ID
725 -708 -Part of 9743.
Mr. Turner presented a summary of Case 15SN0636 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Karl Johnson accepted the recommendation.
Mr. Elswick called for public comment.
Mr. Peppy Jones, chairman of the Village Midlothian Volunteer
Coalition, recommended approval of the case.
There being no one else to speak to the issue, the public
hearing was closed.
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
approved Case 15SN0636 and accepted the following proffered
conditions:
1. Master Plan: The Textual Statement last revised July 24,
2015 shall be considered the Master Plan. (P)
15-1069
09/16/15
F]
F:
2. Stormwater Management: Development shall be designed to
store a 10 year post development storm and release at a
10 -year pre -development storm. (EE)
3. Uses:
a. Permitted uses shall be uses permitted by right, or
with restrictions, in the Community Business (C-3)
District except for the uses listed below, which
shall be prohibited:
i. Alternative Financial Institutions
ii. Cocktail Lounges or Nightclubs
iii. Coin Laundry
iv. Commercial Kennels
V. Communication towers
vi. Fraternal Uses
vii. Feed, seed and ice sales
viii. Funeral Home or Mortuary
ix. Gasoline Sales
X. Halfway Houses
xi. Home Centers
xii. Hospitals
xiii. Hotels
xiv. Indoor or Outdoor Flea Markets
xv. Material reclamation and recycling centers
xvi. Motor Vehicle Sales, Repair, Service and
Rental, including Motor Vehicle Consignment
lots
xvii. Motor Vehicle Wash
xviii. Outside Public Address systems
xix. Park and ride lots
xx. Tattoo Parlors
xxi. Taxidermies
xxii. Theaters, including drive-in
xxiii. Veterinary Hospital with outside runs.
b. A maximum of one (1) restaurant, with a drive-in
window, shall be permitted on the property. The
restaurant with a drive-in window shall be located
within 200 feet of Midlothian Turnpike. (P)
4. Hours of Operation: Hours of operation shall be limited
to between the hours of 5:00 a.m. and midnight. (P)
5. Road Improvements: Prior to issuance of an occupancy
permit, the following road improvements shall be
provided. The exact design and length of these
improvements shall be approved by the Transportation
Department:
b. Construction of an additional lane of pavement
along Le Gordon Drive for the entire property
frontage.
c. Full cost of traffic signal modification at the Le
Gordon Drive/Winterfield Road/Route 60
intersection.
15-1070
09/16/15
c. Construction of a sidewalk along the south side of
Route 60 and along the east side of Le Gordon Drive
for the entire property frontage.
d. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. (T)
6. Access: No direct vehicular access shall be provided
from the property to Midlothian Turnpike (Route 60).
Direct vehicular access from the property to Le Gordon
Drive shall be limited to one (1) entrance/exit. The
exact location of this access shall be approved by the
Transportation Department. (T)
7. Architectural Treatment: Unless deviations are approved
by the Planning Commission during site plan review, the
architectural treatment of the buildings shall be
compatible and consistent with Exhibit B, which is
composed of two documents entitled 1) Le Gordon Drive
Retail Building, prepared by Douglas Bollinger &
Associates, Inc., and dated July 17, 2015 and last
revised on July 22, 2015 and 2) Le Gordon Drive
Restaurant, prepared by Douglas Bollinger & Associates,
Inc., and dated July 17, 2015 and last revised on July
21, 2015. The following shall also be required:
a. Buildings shall incorporate equal four sided
architecture such that no building exterior
(whether front, side or rear) shall consist of
inferior materials or be inferior in quality,
appearance or detail to any other exterior of the
same building.
b. Vertical architectural fagade features shall be
continued a minimum of ten (10 ) feet in depth from
the building facade.
C. Each entrance shall be accentuated with
architectural features to include, but not limited
to, structured overhangs and/or awnings.
d. All building mounted lighting shall be compatible
with the overall architectural style.
e. The color palette shall be limited to neutral and
earth -toned colors, unless otherwise approved by
the Planning Department at the time of plans
review.
f. Drive-in windows shall be screened to reduce
visibility of the drive-in windows from public
streets. This screening shall be accomplished by
building design, the use of durable architectural
walls constructed of materials and with a design
comparable to the principle building. Such
screening shall be approved by the Planning
Department in conjunction with plan approval.
15-1071
09/16/15
9
9
0
g. Building facades shall be designed such as to
create the appearance of multiple, traditional
storefronts. Facades facing Le Gordon Drive and
Midlothian Turnpike shall incorporate storefront
windows, and other architectural treatments, and
landscaping in order to provide relief to such
facades.
h. Building materials for the wall fagade shall be
limited to brick, cementious siding or any other
high-quality building material, as approved by the
Planning Department. Metal panels, metal or vinyl
siding, and EIFS shall be prohibited. The roof
shall be composed of 30 -year dimensional shingles,
slate shingles and/or standing seam metal.
8. Site Layout: The site shall be designed as generally
depicted on Exhibit A, as prepared by Townes Site
Engineering, titled "151 Le Gordon Drive, Conceptual
Layout" and dated July 23, 2015, however, the exact
location of the buildings and parking may be modified,
as approved by the Planning Department, provided the
general intent of the plan is maintained with respect to
buildings "fronting" Le Gordon Drive, with no parking or
driveways between the buildings and the roads. This
shall not preclude parking or drive aisles to be located
between the corner building and Le Gordon Drive. (P)
9. Internal Sidewalks: The project
internal system of five (5) feet
shall provide internal pedestrian
and shall connect to the sidewalks
and Midlothian Turnpike, as well
properties to the south
areas/walks shall:
shall incorporate an
wide sidewalks, which
access between uses,
along Le Gordon Drive
as to the adjacent
and east. These pedestrian
a. Internal crosswalks shall be constructed of stamped
concrete or other decorative paving units. All
other pedestrian areas/walks may be concrete.
b. Include pedestrian style lights, and
C. Incorporate benches, landscaped areas and other
pedestrian elements.
The exact design shall be approved by the Planning
Department at the time of site plan review. (P)
10. External Lighting: Lighting along the perimeter of the
development adjacent to Le Gordon Drive and Midlothian
Turnpike shall be of a pedestrian scale. Light fixtures
shall be installed with a design consistent with the
Midlothian Village Guidelines and spaced as may be
approved by the Planning Department at time of site plan
review. The project shall also have an internal system
of outdoor lighting consistent with the pedestrian scale
of the development, as approved by the Planning
Department at time of site plan review. (P)
15-1072
09/16/15
11. Parking Lot Lighting: Parking lot lighting shall be
shall be limited to a maximum of 20 feet in height. All
light poles and fixtures shall be ornamental and shall
be approved by the Planning Department at the time of
site plan review. (P)
12. Dumpster Service: Dumpster service shall not be allowed
between 7:00 p.m. and 7:00 a.m. (P)
Textual Statement
Rezone from Residential (R-7) and Community Business (C-3) to
Community Business (C-3) with Conditional Use Planned
Development (CUPD) to permit exceptions to Ordinance
requirements as described herein and as provided in the
accompanying proffered conditions.
The request contains two (2) exhibits: Exhibit A - Conceptual
Site Layout and Exhibit B - Conceptual Elevation Drawings.
1. Setbacks: Except as necessary to install required
landscaping, street trees, lighting and sidewalks,
minimum setbacks shall be as follows:
a. Five (5) foot building, drive aisle and parking
area setback adjacent to the southern and eastern
property lines, with the installation of Perimeter
Landscape B.
b. Ten (10) foot building setback adjacent to Le
Gordon Drive, with the installation of Perimeter
Landscape D and large deciduous street trees,
planted forty (40) feet on center.
C. Five (5) foot parking and drive aisle setback
adjacent to Le Gordon Drive, with the installation
of Perimeter Landscape D and large deciduous street
trees, planted forty (40) feet on center. This
setback shall be permitted within 200 feet of
Midlothian Turnpike. Elsewhere, the minimum setback
for drive aisle and parking areas adjacent to Le
Gordon Drive shall be ten (10) feet.
d. Five (5) foot building, drive aisle and parking
area setback adjacent to Midlothian Turnpike, with
the installation of Perimeter Landscape D and large
deciduous street trees, planted forty (40) feet on
center.
2. Parking: Parking space requirements shall be reduced to
4.0 spaces per 1000 square feet of building area.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
15SN0651
In Midlothian Magisterial District, Ediberto Hernandez
Castillo requests conditional use to permit a business (tree
service) incidental to a dwelling and amendment of zoning
district map in a Residential (R-7) District on 1 acre known
as 6712 Walmsley Boulevard. Density will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for Mixed Use
Corridor use. Tax ID 767-695-5368.
15-1073
09/16/15
9
IV
9
N
Mr. Turner presented a summary of Case 15SN0651 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Ediberto Hernandez accepted the recommendation.
Mr. Elswick called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
approved Case 15SN0651 and accepted the following proffered
conditions:
1. Non -Transferable Ownership: This Conditional Use
approval shall be granted exclusively to
Heriberto Hernandez Castillo, and shall not be
transferable with the land. (P)
2. Use: This Conditional Use approval shall be for the
operation of a business (tree service), incidental to a
dwelling. (P)
3. Time Limitation: This Conditional Use approval shall be
granted for a period not to exceed five (5) years
from the date of approval. (P)
4. Equipment Storage: As a part of this business the
following equipment and material may be stored on the
property. No other equipment for this use may be
allowed:
• Trailer
• Wood Chipper
• Stump Grinder
0 Dump Truck
• Pickup Truck
• Firewood (P)
5. Location of Use: The use shall be confined to the rear
of the property. (P)
6. Screening: A minimum six (6) foot high privacy fence
shall be installed to screen the outside storage area
from adjacent properties and from public rights-of-way.
The fence shall be constructed as a board -on -board fence
and shall be installed within 90 days of approval of
this request. (P)
7. Employees and Clients: No more than three (3) employees
shall be permitted to work on the premises other than
family member employees that live on the premises. No
clients shall be permitted on the property. (P)
8. Signage: There shall be no signs identifying this use.
(P)
15-1074
09/16/15
9. Hours of Operation: Movement of equipment shall be
limited to Monday through Saturday from 8:00 a.m. to
6:00 p.m. (P)
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
15SN0667
In Clover Hill Magisterial District, Volvo of Midlothian
requests amendment of conditional use planned development
(Case 13SN0504) relative to signage and amendment of zoning
district map in General Business (C-5) and Light Industrial
(I-1) Districts on 10.1 acres located in the southwest corner
of Midlothian Turnpike and Moorefield Park Drive. Density
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Corporate Office, Research and Development
and Light Industrial uses. Tax ID 750-707-3286.
Mr. Turner presented a summary of Case 15SNO667 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered condition.
Mr. Ron Ferguson accepted the recommendation.
Mr. Elswick called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
approved Case 15SN0667 and accepted the following proffered
condition:
The auto dealership shall be permitted two (2) freestanding
signs not to exceed a total of one hundred and fifty (150)
square feet. An additional freestanding sign shall be
permitted for the auto dealership along the north -south
roadway. Other than directional signs and a sign identifying
the industrial park, no other freestanding signs shall be
permitted.
i. Sign A, shown on Exhibit C, shall not exceed one
hundred (100) square feet and thirty-five (35) feet
in height.
ii. Sign B, shown on Exhibit C, shall not exceed fifty
(50) square feet and ten (10) feet in height.
iii. Sign C, shown on Exhibit C, shall not exceed forty-
two (42) square feet and twenty (20) feet in
height. (P)
(Staff Note: This Proffered Condition supersedes Proffered
Condition 1 of Case 13SNO504
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
15-1075
09/16/15
9
F1
12SN0154
(AMENDED) In Dale Magisterial District, Charles Edward
Townes, Managing Partner and Dominion Investment Partners,
LLC request amendment of zoning (Case 06SN0121) to reduce
cash proffers and amendment of zoning district map in a
Residential Townhouse (R-TH) District on 30 acres fronting in
two (2) places for a total of 1,135 feet on the north line of
Genito Road, across from Genito Lane. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
High Density Residential use (minimum 8.0 to 12.0 dwellings
per acre). Tax IDs 747-681-7089, 747-682-7022 and 8276; and
748-681-0499.
Mr. Turner presented a summary of Case 12SN0154 and stated
the Planning Commission recommended approval because it was
appropriate to eliminate the school portion of the cash
proffer for age restricted units. He further stated staff
recommended denial because the use fails to address
development impacts for age restricted units.
Mr. Kerry Hutcherson, representing the applicant, accepted
the recommendation.
Mr. Elswick called for public comment.
Mr. Paul Grasewicz voiced his support for the reduced cash
proffer for age restricted units.
There being no one else to speak to the issue, the public
hearing was closed.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
approved Case 12SN0514 and accepted the following proffered
conditions:
The Applicant in this case, pursuant to Section 15.2-2298 of
the Code of Virginia (1950 as amended) and the Zoning
Ordinance of Chesterfield County, for themselves and their
successors or assigns, proffer that the property known as
Chesterfield County Tax Identification Numbers 747-681-7089;
747-682-7022 and 8276; and 748-681-0499 ("the Property")
under consideration will be developed according to the
following amended proffers if, and only if, the request
submitted herewith is granted with only those conditions
agreed to by the Applicant. In the event this request is
denied or approved with conditions not agreed to by the owner
and Applicant, the proffer shall immediately be null and void
and of no further force or effect.
With the approval of this request, Proffered Condition 4 of
Case 06SN0121 shall be amended as follows. All other
conditions of Case 06SN0121 shall remain in force and effect.
1. 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 for
infrastructure improvements within the service
district for the property unless state law prevents
enforcement of that timing:
15-1076
09/16/15
a) $18,966.00 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 cumulative change in
the Marshall and Swift Building Cost Index
during that time period.
b) $11,152.00 per dwelling unit, for age
restricted dwelling units, 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 cumulative change in
the Marshall and Swift Building Cost Index
during that time period. The $11,152.00 will
be allocated pro -rata among the categories for
parks and recreation, fire, libraries and
roads.
c) 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.
d) Cash proffer payments shall be spent for the
purposes proffered or as otherwise permitted
by law.
e) Should Chesterfield County impose impact fees
at any time during the life of the development
that are applicable to the property, the
amount paid in cash proffers shall be in lieu
of or credited toward, but not in addition to,
any impact fees, in a manner as determined by
the County. If Chesterfield should adopt a
"workforce" or "affordable" housing program
which eliminates or permits a reduced cash
proffer, the cash proffer for any dwelling
unit on the Property that is designated as
"workforce" or "affordable" housing, that
meets all the requirements of the adopted
"workforce" or "affordable" housing program,
and for which a cash proffer has not yet been
paid shall be adjusted to be consistent with
the approved "workforce" or "affordable"
housing program. (B& M)
The applicant offers the following additional proffered
condition:
2. 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, dwelling units
shall be permitted to 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. Any units subject this
occupancy restriction shall be identified on all
record plats. (P)
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
15-1077
09/16/15
9
9
9
13SNO110
(AMENDED) In Matoaca Magisterial District, Chesterfield DD,
Inc. requests rezoning from Residential Townhouse (R-TH) to
Multifamily Residential (R -MF) plus conditional use planned
development to permit exceptions to ordinance requirements
and amendment of zoning district map on 85.4 acres fronting
460 feet on the south line of Hull Street Road, across from
Cosby Road. Density will be controlled by zoning conditions
or ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Medium -High Density Residential
use (minimum 4.0 to 8.0 dwellings per acre), Suburban
Residential I use (maximum of 2.0 dwellings per acre) and
Neighborhood Business uses. Tax IDs 717-669-2537; and 717-
670-1030, 1751, 2877 and 8050.
Mr. Turner presented a summary of Case 13SNO110 and stated
the Planning Commission recommended approval because as
conditioned, development complies with the Comprehensive
Plan; will construct Ashbrook Parkway extension and
pedestrian connections; and will include quality design and
architecture. He further stated staff recommended denial
because while the proposed uses comply with the Comprehensive
Plan, and development densities are consistent with the
recommendations of the Comprehensive Plan or reflective of
neighboring residential development, the request fails to
fully address development impacts for age restricted units
and units with two or fewer bedrooms.
Mr. Jack Wilson, representing the applicant, accepted the
recommendation.
Mr. Elswick called for public comment.
Mr. Paul Grasewicz voiced his support of the proposal and
urged the Board to approve the request.
There being no one else to speak to the issue, the public
hearing was closed.
Mr. Elswick commended Dr. Edgar Wallin, Matoaca Planning
Commissioner, for his hard work relative to the case.
Mr. Elswick then made a motion, seconded by Ms. Jaeckle, for
the Board to approve Case 13SNO110 and accept the following
proffered conditions:
The property owner and applicant in this case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended)
and the Zoning Ordinance of Chesterfield County, for
themselves and their successors and assigns, proffer that the
property under consideration ("the Property") will be
developed according to the following proffers if, and only
if, the request submitted herewith is granted with only those
conditions agreed to by the owner and applicant. In the
event this request is denied or approved with conditions not
agreed to by the owner and applicant, the proffers shall
immediately be null and void and of no further force or
effect.
1. Master Plan
Master Plan"
The Plan titled "Madison Crossing -
prepared by Townes Site Engineering
15-1078
09/16/15
dated April 10, 2015, and the Textual Statement
last revised August 18, 2015, shall be considered
the Master Plan. (P)
2. Utilities. The public water and wastewater systems
shall be used. (U)
3. 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 for
infrastructure improvements within the service
district for the Property, unless state law
prevents enforcement of that timing:
A. For all dwelling units constructed with three
(3) or more bedrooms:
1. $18,966.00 per dwelling unit for the
period beginning 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 cumulative change to the Marshall
and Swift Building Cost Index during that
time period.
2. 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.
B. For all dwelling units constructed with two
(2) or fewer bedrooms:
1. $11,152.00 per dwelling unit, allocated
on a pro -rata basis among the categories
for parks, libraries, fire and roads, for
the period beginning 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 cumulative change to the Marshall
and Swift Building Cost Index during that
time period.
2. 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. Provided, however, that if any building
permits issued on the Property are for senior
housing, as defined in the proffer on age
restriction, the applicant, sub -divider, or
assignee(s) shall pay $11,152.00 per dwelling
unit, allocated on a pro -rata basis among the
15-1079
09/16/15
9
9
9
categories for parks, libraries, fire and
roads, for the period beginning 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 cumulative change to the Marshall and
Swift Building Cost Index during that time
period.
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.
D. Off-site Transportation Credit. If the
developer constructs all of the improvements
with initial development of the Property as
described in Proffer Condition 8.A., as
determined by the Transportation Department, a
credit for the road improvements in a total
amount of $3,229,471 (the "Credit") shall be
allocated equally to the dwelling units on the
Property on a pro -rata basis and shall reduce
the road portion of the cash proffer payments
set forth in Paragraphs 3A, 3B and 3C above
until such time as the Credit is extinguished.
After that occurs, the applicant, subdivider,
or assignee(s) shall commence paying cash
proffers in accordance with that set forth in
Paragraphs 3A, 3B and 3C above. The Credit
shall remain set for the period beginning 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 cumulative change to the Marshall and
Swift Building Cost Index during that time
period. Thereafter, the Credit amount shall
be automatically adjusted, annually, by the
annual change in the Marshall and Swift
Building Cost Index on July 1 of each year.
E. Cash proffer payments shall be spent for the
purposes proffered or as otherwise permitted
by law. Should Chesterfield County impose
impact fees at any time during the life of the
development that are applicable to the
Property, the amount paid in cash proffers
shall be in lieu of or credited toward, but
not in addition to, any impact fees, in a
manner as determined by the county. (B&M and
T)
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, occupancy of
dwelling units shall be permitted to be restricted
to "housing for older persons" as defined in the
15-1080
09/16/15
Virginia Fair Housing Law and no persons under 19
years of age shall reside therein. All age
restricted dwelling units shall be identified on
all site and subdivision plans for buildings
containing such age restricted units. (B&M, P)
5. The developer shall make a payment of $200 per acre
(not to exceed an aggregate payment of $17,076.00
based upon a total of 85.4 acres) to the County
toward the expansion of the Dry Creek Wastewater
Pumping Station. These payments shall be made
prior to the issuance of the first building permit,
unless the developer submits and the County
approves a phasing schedule for the payment of such
fees in accordance with the phases in which the
Property is developed. (U)
6. Dedications.
A. Prior to any site plan approval for Tract A or
within sixty (60) days of a written request by
the Transportation Department, whichever
occurs first, 100 feet of right-of-way along
Hull Street Road (Route 360), measured from
the centerline of that part of Route 360
immediately adjacent to the,Property, shall be
dedicated, free and unrestricted, to and for
the benefit of Chesterfield County.
B. Prior to any site plan approval for Tract B,
in conjunction with the recordation of the
initial subdivision plat for Tract C, or 1�4j
within sixty (60) days from the date of a
written request by the Transportation
Department, whichever occurs first, a ninety
(90) foot wide right-of-way for an east/west
major arterial ("Ashbrook Parkway") shall be
dedicated from the eastern Property line to
the western Property line, free and
unrestricted, to and for the benefit of
Chesterfield County. The exact location of
this right-of-way shall be approved by the
Transportation Department, and shall be
generally located as shown on the Master Plan.
(T)
7. Access.
A. Direct vehicular access to and from the
Property onto Route 360 shall be limited to
one access that aligns the existing crossover
at Cosby Road. The approved access shall be
designed and constructed to preclude vehicles
exiting the Property from traveling west on
Route 360. The exact location and design of
the access shall be approved by the
Transportation Department
15-1081
09/16/15
B. Prior to any site plan approval for Tract B or
any tentative subdivision plat approval for
Tract C, whichever occurs first, an access
plan for Ashbrook Parkway shall be submitted
to and approved by the Transportation
Department. Direct vehicular access from the
Property to Ashbrook Parkway shall conform to
the approved access plan. (T)
8. Road Improvements.
A. With initial development on Tract A or Tract
B, whichever occurs first, the following
improvements shall be completed, as determined
by the Transportation Department:
i. Construction of two lanes of Ashbrook
Parkway to VDOT urban minor arterial
standards with a 50 mph design speed,
with any modifications approved by the
Transportation Department, from its
terminus approximately 1,000 feet east of
Hampton Park Drive to its terminus at
Shady Banks Drive. The exact length,
location and design of this improvement
shall be approved by the Transportation
Department. The section of Ashbrook
Parkway that crosses the stream shall be
constructed with box culverts such that
aquatic wildlife can pass through.
Notwithstanding the foregoing, the
Transportation Department shall approve
the location of the two lane section of
Ashbrook Parkway adjacent to Ashbrook
Subdivision as far north within the
existing right of way as practicable.
ii. Construction of a sidewalk along the
north side of Ashbrook Parkway and
existing Ashbrook Parkway from the
western Property line to the Ashlake
Parkway intersection; exclusive of the
area of the proposed structure that
crosses the stream located along the
eastern Property line. In the area of the
proposed structure, a paved shoulder
shall be provided, as determined by the
Transportation Department.
iii. Dedication, free and unrestricted, to and
for the benefit of Chesterfield County,
of any additional right-of-way (or
easements) required for these
improvements.
B. With initial development of Tract A, the
following improvements shall also be
completed, as determined by the Transportation
Department:
i. Construction of an additional lane of
pavement along the eastbound lanes of
15-1082
09/16/15
Route 360 for the entire Property
frontage.
ii. Construction of additional pavement along
the eastbound lanes Route 360 at the
approved access to provide a separate
right turn lane.
iii. Construction of additional pavement along
the westbound lanes of Route 360 to
provide an adequate left turn lane, as
determined by the Chesterfield County
Transportation Department, at the
existing crossover that aligns the
approved access.
iv. Construction of a sidewalk along the
south side of Route 360 for the entire
Property frontage.
V. Dedication, free and unrestricted, to and
for the benefit of Chesterfield County,
of any additional right-of-way (or
easements) required for these
improvements.
C. With development of Tract B or Tract C, the
following improvements shall also be
completed, as determined by the Transportation
Department:
1. Construction of left and right turn lanes
or roundabouts along Ashbrook Parkway, as
approved by the Transportation
Department, at each approved access as
described in Proffered Condition 6.B. (T)
9. North/South Public Road.
A. With development of Tract A, the following
improvements shall be completed, as
determined by the Transportation Department.
Prior to any site plan approval, a phasing
plan for the dedication and construction of
this section of the North/South Public Road
shall be approved by the Transportation
Department:
i. Construction of a two-lane North/South
Public Road from Route 360 at the
approved access to the southern boundary
of Tract A.
ii. Dedication, free and unrestricted, to and
for the benefit of Chesterfield County,
of any additional right-of-way (or
easements) required for these
improvements.
15-1083
09/16/15
N_
B. With development of Tract B, the following
improvements shall be completed, as determined
by the Transportation Department. Prior to any
site plan approval, a phasing plan for the
dedication and construction of this section of
the North/South Public Road shall be approved
by the Transportation Department:
i. Construction of a two-lane North/South
Public Road from Ashbrook Parkway to the
northern boundary of Tract B.
ii. Dedication, free and unrestricted, to and
for the benefit of Chesterfield County,
of any additional right-of-way (or
easements) required for these
improvements. (T)
Textual Statement
I. Rezone. This is a request to rezone approximately 84.82
acres (the "Property") currently zoned R-TH with
Conditional Use Planned Development to Residential Multi
Family (R -MF) with Conditional Use Planned Development
to allow for group care facilities and residential
townhouses and to permit ordinance exceptions as
described herein, and as provided in the proffered
conditions
II. General Conditions for All Tracts.
A. Tract Modifications. To accommodate the orderly
development of Tracts A, B and C ("Tracts"), the
Tracts shall be located as generally depicted on
the Master Plan entitled "Madison Crossing Master
Plan" dated April 10, 2015, and attached as Exhibit
A. Adjustments to the Tract boundaries shall be
permitted at the time of Plans review provided the
Tracts maintain their relationship to one another.
However, Tract A shall not contain less than twenty
(20) acres and Tract B shall not exceed thirty (30)
acres.
B. Mixed Use Plan. Multi -Family Residential Units
shall be permitted to be grouped together. If
there is a desire to mix multifamily and assisted
living units within a tract or subtract, the mixing
may be permitted if a Mixed Use Plan is submitted
to the Planning Department for review and approval
and such plan shall be subject to appeal in
accordance with the Zoning Ordinance for Site Plan
appeals. The Mixed Use Plan shall address land use
transitions and compatibility between the different
uses within a Tract or subtract. Land use
compatibility may include, but not limited to, the
location of uses and site design.
C. Setbacks. Along all public roads connecting or
designed to connect Ashbrook Parkway with Hull
Street Road, setbacks shall be a minimum of ten
15-1084
09/16/15
III
(10) feet for parking and drives and a minimum of
twenty-five (25) feet for buildings. Within these
setbacks Perimeter Landscape C shall be installed.
D. Buffers. No buffers shall be required except for a
fifty (50) foot buffer within Tract C along
Ashbrook Parkway. Such buffer shall be provided in
accordance with Zoning Ordinance requirements
except that Perimeter Landscaping C shall be
installed.
E. Water Features. All stormwater management
facilities shall be designed as visual amenities to
create water views. Such facilities shall include
fountain type aerators.
F. Recreational Facilities. Within Tract B, a minimum
1000 gross square foot community clubhouse,
architecturally compatible with the multi -family
buildings in Tract B, and a pool and playground
area shall be provided. A certificate of occupancy
shall be obtained for the clubhouse prior to
issuance of a certificate of occupancy for the 150th
dwelling unit. These amenities shall also serve
Tract A unless similar amenities are provided for
Tract A.
G. Phasing. No multi -family dwelling units shall be
developed on Tract A until after issuance of a
certificate of occupancy for the 250th dwelling unit
on Tract B.
H. Density. The maximum number of residential dwelling
units permitted on the Property shall be 570 units.
This does not include any group care facility beds.
Group care facility beds/units shall not be counted
towards the maximum density unless such beds/units
are independent living units.
I. Group Care Facility. There shall be only one (1)
group care facility permitted on the Property.
Tract A.
Except as provided herein, development within this Tract
shall comply with the Zoning Ordinance for uses within
the Residential Multi -Family (R -MF) District
A. Uses. Permitted uses shall include:
1. Uses permitted by right or with restrictions
in the Residential Multi -Family (R -MF)
District.
2. Group Care Facilities, provided:
a. the maximum number of beds for the
facility shall be 60
b, the facility shall not be located on more
than 10 acres
15-1085
09/16/15
9
F]
9
14
C. no building permit for the facility shall
be issued until a minimum of 100
multifamily dwelling units have received
certificates of occupancy within the same
tract
d. the facility shall be located interior to
the project. Multifamily residential uses
shall be located between the facility and
all property boundaries. Views of the
facility from Hull Street Road and
Ashbrook Parkway shall be minimized
through use of site design, landscaping
and/or setbacks, as determined by the
Planning Department
e. such facility shall blend architecturally
with the surrounding multifamily
residential uses, as determined by the
Planning Department.
B. Bedrooms. With the exception of no more than twelve
(12) 3 -bedroom units, all units in Tract A shall
have two (2) or fewer bedrooms.
C. Density. A maximum of eight (8) units per gross
acre shall be permitted. If a group care facility
is developed the total number of dwelling units
shall be reduced by eight (8) units for each one
(1) acre or portion of each one (1) acre developed
for the group care facility use.
D. Height. Buildings shall not exceed a height of 50
feet or four (4) stories.
E. Dwelling Units Per Building. No more than ten (10)
dwelling units shall be permitted on any one floor
level of a building, with no more than 40 (forty)
dwelling units per building.
F. Distance between Buildings. There shall be no
minimum required distance between buildings.
G. Setbacks for Buildings, Parking and Drives.
1. Buildings shall be setback as follows:
a. From interior private driveways and
parking, a minimum of eight (8) feet;
b. From Tract boundary lines, a minimum of
thirty (30) feet;
C. From perimeter property boundaries, a
minimum of thirty (30) feet; and
d. From Hull Street Road, a minimum of fifty
(50) feet.
2. Parking and Drives shall be setback as
follows:
15-1086
09/16/15
a. From Tract boundary lines, a minimum of
fifteen (15) feet.
b. From perimeter property boundaries, a
minimum of thirty (30) feet.
C. From Hull Street Road, a minimum of fifty
(50) feet.
3. Landscaping within setbacks: Perimeter
Landscaping C shall be installed in all
setbacks from perimeter boundaries and from
Hull Street Road.
4. Focal Points. Open space of at least 0.75
acres shall be provided near the entrance off
Hull Street Road to serve as a focal point for
the development. The focal point shall be a
mix of hardscape and open areas and include
benches or other amenities to provide a place
for gatherings and an identity for the project
H. Development Standards.
A. Sidewalks/Drivewa
1. Sidewalks: Sidewalks shall be provided on
both sides of any public road that
connects or is designed to connect
Ashbrook Parkway to Hull Street Road
within Tract A and all streets that
provide general circulation.
2. Driveways: All private driveways serving
residential uses shall be asphalt or
concrete. Private driveways shall not
require curb and gutter unless such
driveways provide access to parking for
more than five ( 5 ) cars.
3. Front Walks: A minimum four (4) foot
wide concrete front walk shall be
provided in front of each building to
connect building to parking and drives.
B. Landscaping
a. Street Trees: Street trees shall be
planted or retained along both sides of
all streets that provide general
circulation and any public roads
connecting or designed to connect
Ashbrook Parkway to Hull Street Road in
accordance with Zoning Ordinance
requirements for street trees. The
street trees shall be in accordance with
Section 19.1-250.D large deciduous trees.
b. Supplemental Trees: Prior to the issuance
of a Certificate of Occupancy for each
multi -family unit building, a minimum of
15-1087
09/16/15
9
9
one additional tree for every five (5)
units shall be planted in a courtyard or
side yard area. Supplemental trees shall
be at least 50% flowering trees, and the
remainder shall be deciduous trees.
Supplemental trees shall have a minimum
caliper of 2" measured at breast height
(4'-10" above ground) at the time of
planting.
c. Sodded Yard Areas: All contiguous yard
areas along building fronts and all side
yards that face a street shall be sodded
and irrigated.
d. 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 or an
alternate plant variety approved at the
time of Plan review. Unit corners shall
be visually softened with vertical accent
shrubs (4'-51) or small evergreen trees
(6'-81) at the time of planting.
C. Architecture and Materials.
a. Style and Form: The architectural styles
shall be interpretations of traditional
Richmond architecture, such as Georgian,
Adam, Classical Revival Colonial, Greek
Revival and Queen Anne.
b. Architectural Compatibility. All
buildings (whether multi -family or group
care facilities) constructed shall be
architecturally compatible with and
substantially similar in style and
quality to those constructed in Tract B.
The final architectural elevations for
Tract A shall be submitted to the
Planning Commission for review and
approval to ensure compliance with this
condition.
C. Architecture: Buildings shall be designed
to impart harmonious proportions and
avoid monotonous facades or large bulky
masses. Buildings shall possess
architectural variety while at the same
time have an overall cohesive residential
character. Architectural treatment of
15-1088
09/16/15
all buildings shall utilize a mixture of
design features. Design features shall
include a combination of the following so
buildings will have a residential
character and the appearance of several
small buildings clustered together in
buildings of large mass: balconies,
terraces, articulation of doors and
windows, sculptural or textural relief of
facades, architectural ornamentation and
varied rooflines.
d. Foundations: The exposed portion of any
foundation shall be brick or stone.
Synthetic or natural Stucco foundations
shall be permitted for facades
constructed primarily of stucco when the
stucco is installed immediately above the
foundation. Stepping the siding down
below the first floor level is not
permitted on any elevation of the unit.
e. Exterior Facades: At least 600 of the
front facades of all buildings shall be
brick or stone masonry. The side or rear
fagade of any building that is visible
from public streets shall have at least
60% brick or stone masonry. The height
of the brick and stone shall be permitted
to vary to allow for a mixture of design
features. Measurement of the requirement
for masonry fagade treatment shall be
exclusive of roof gable ends, windows,
doors, balconies, porches and sunrooms.
Other acceptable siding materials include
stucco, synthetic stucco (E.I.F.S), and
horizontal lap siding. Horizontal lap
siding shall be manufactured from natural
wood, cement fiber board, or may be
premium quality vinyl siding (up to a
maximum of 40% on any fagade) Plywood
and metal siding are not permitted.
Painted wood trim is not permitted.
Additional siding requirements:
i. A variety of facing materials shall
be used on any one fagade of any
unit. A maximum of three (3) facing
materials may be used on any one
fagade of any unit.
ii. Brick sills shall be projected and
brick heads at openings shall be
traditional jack arches, circular
arches, or soldier courses.
iii. Vinyl siding is permitted in
traditional wide beaded styles only
with a minimum 6 -inch drop. Premium
15-1089
09/16/15
F:
9
-9
I q_
N
quality vinyl is defined as vinyl
siding with a minimum wall thickness
of .044". Cementitious siding shall
have wood grain and not have a bead.
iv. Synthetic Stucco (E.I.F.S.) siding
shall be finished in smooth, sand or
level texture. Rough textures are
not permitted.
V. Exterior facades which face a public
street shall have a formal
arrangement and organization of
elements including doors, windows,
and trim and shall include porches,
columns, cornices and trim.
f. Roofs :
i. Varied Roof Line. Varied roof designs
and materials shall be used on
building sections across the front
fagade of all buildings and rear
facades of buildings that face a
street.
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).
D. Balconies. All second, third and fourth floor
dwelling units shall have either an open
balcony or an enclosed sunroom with at least
500 of the units having open balconies.
Balconies shall be covered, architecturally
compatible with the building elevation, and
shall be a minimum of six (6) feet in depth
and sixty (60) square feet in area.
IV. Tract B.
Except as provided herein, development within this Tract
shall comply with the Zoning Ordinance requirements for
uses within the Residential Multi -Family (R -MF)
District.
A. Uses. Permitted uses shall include:
1. Uses permitted by right or with restrictions
in the Residential Multi -Family (R -MF)
District.
2. Group Care Facilities, provided:
a. the maximum number of beds for the
facility shall be 60
15-1090
09/16/15
b. the facility shall not be located on more
than 10 acres
C. no building permit for the facility shall
be issued until a minimum of 100
multifamily dwelling units have received
certificates of occupancy within the same
tract
d. the facility shall be located interior to
the project. Multifamily residential uses
shall be located between the facility and
all property boundaries. Views of the
facility from Hull Street Road and
Ashbrook Parkway shall be minimized
through use of site design, landscaping
and/or setbacks, as determined by the
Planning Department
e. such facility shall blend architecturally
with the surrounding multifamily
residential uses, as determined by the
Planning Department.
B. Bedrooms. With the exception of no more than twelve
(12) 3 -bedroom units, all units in Tract B shall
have two (2) or fewer bedrooms.
C. Density. A maximum of twelve (12) dwelling units
per gross acre shall be permitted. If a group care
facility is developed the total number of dwelling
units shall be reduced by twelve (12) units for
each one (1) acre or portion of each one (1) acre
developed for the group care facility.
D. Height. Buildings shall not exceed a height of 50
feet or four (4) stories.
E. Dwelling Units Per Building. No more than ten (10)
dwelling units shall be permitted on any one floor
level of a building, with no more than 40 (forty)
dwelling units per building.
F. Distance between Buildings. There shall be
minimum required distance between buildings.
G. Setbacks for Buildings, Parking and Drives.
1. Buildings shall be setback as follows:
a. From interior private driveways
parking, a minimum of eight (8) feet;
b. From Tract boundary lines, a minimum
thirty (30) feet;
C. From perimeter property boundaries,
minimum of thirty (30) feet; and
no
and
of
a
d. From Ashbrook Parkway, a minimum of fifty
(50) feet.
15-1091
09/16/15
9
9
2. Parking and Drives shall be setback as
follows:
a. From Tract boundary lines, a minimum of
fifteen (15) feet.
b. From perimeter property boundaries, a
minimum of thirty (30) feet.
C. From Ashbrook Parkway, a minimum of fifty
(50) feet.
3. Landscaping within setbacks: Perimeter
Landscaping C shall be installed in all
setbacks from perimeter property boundaries
and from Ashbrook Parkway
H. Focal Points. Open space of at least 0.75 acres
shall be provided near the entrance off Ashbrook
Parkway to serve as a focal point for the
development. The focal point shall be a mix of
hardscape and open areas and include benches or
other amenities to provide a place for gatherings
and an identity for the project
I. Development Standards.
2. Sidewalks/Driveways
a. Sidewalks: Sidewalks shall be provided on
both sides of Ashbrook Parkway within
Tract B, any public roads connecting or
designed to connect Ashbrook Parkway to
Hull Street Road, and all streets that
provide general circulation.
b. Driveways: All private driveways serving
residential uses shall be asphalt or
concrete. Private driveways shall not
require curb and gutter unless such
driveways provide access to parking for
more than five (5) cars.
C. Front Walks: A minimum four (4) foot wide
concrete front walk shall be provided in
front of each building to connect
buildings to parking and drives.
3. Landscaping
a. Street Trees: Street trees shall be
planted or retained along both sides of
Ashbrook Parkway, any public roads
connecting or designed to connect
Ashbrook Parkway to Hull Street Road, and
all streets that provide general
circulation in accordance with Zoning
Ordinance requirements for street trees.
The street trees shall be in accordance
with Section 19.1-250.D large deciduous
trees.
15-1092
09/16/15
b. Supplemental Trees: Prior to the issuance
of a Certificate of Occupancy for each
multi -family unit building, a minimum of
one additional tree for every five (5)
units shall be planted in a courtyard or
side yard area. Supplemental trees shall
be at least 50% flowering trees, and the
remainder shall be deciduous trees.
Supplemental trees shall have a minimum
caliper of 2" measured at breast height
(4'-10" above ground) at the time of
planting.
C. Sodded Yard Areas: All contiguous yard
areas along building fronts and all side
yards that face a street shall be sodded
and irrigated.
d. 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 or an
alternate plant variety approved at Plan
review. Unit corners shall be visually
softened with vertical accent shrubs (41-
51) or small evergreen trees (6'-81) at
the time of planting.
4. Architecture and Materials.
a. Style and Form: The architectural styles
shall be interpretations of traditional
Richmond architecture, such as Georgian,
Adam, Classical Revival Colonial, Greek
Revival and Queen Anne.
b. The final elevations for all buildings
(whether multi -family or group care
facilities) for Tract B shall be
submitted to the Planning Commission for
approval to ensure compliance with these
requirements.
C. Architecture: Buildings shall be designed
to impart harmonious proportions and
avoid monotonous facades or large bulky
masses. Buildings shall possess
architectural variety while at the same
time have an overall cohesive residential
character. Architectural treatment of
all buildings shall utilize a mixture of
design features. Design features shall
15-1093
09/16/15
IE
include a combination of the following so
buildings will have a residential
character and the appearance of several
small buildings clustered together in
buildings of large mass: balconies,
terraces, articulation of doors and
windows, sculptural or textural relief of
facades, architectural ornamentation and
varied rooflines.
d. Foundations: The exposed portion of any
foundation shall be brick or stone.
Synthetic or natural Stucco foundations
shall be permitted for facades
constructed primarily of stucco when the
stucco is installed immediately above the
foundation. Stepping the siding down
below the first floor level is not
permitted on any elevation of the unit.
e. Exterior Facades: At least 600-o of the
front facades of all buildings shall be
brick or stone masonry. The side or rear
facade of any building that is visible
from public streets shall have at least
600-. brick or stone masonry. The height
of the brick and stone shall be permitted
to vary to allow for a mixture of design
features. Measurement of the requirement
for masonry fagade treatment shall be
exclusive of roof gable ends, windows,
doors, balconies, porches and sunrooms.
Other acceptable siding materials include
stucco, synthetic stucco (E.I.F.S), and
horizontal lap siding. Horizontal lap
siding shall be manufactured from natural
wood, cement fiber board, or may be
premium quality vinyl siding (up to a
maximum of 40% on any fagade) Plywood
and metal siding are not permitted.
Painted wood trim is not permitted.
Additional siding requirements:
i. A variety of facing materials shall
be used on any one fagade of any
building. A maximum of three (3)
facing materials may be used on any
one fagade of any unit.
ii. Brick sills shall be projected and
brick heads at openings shall be
traditional jack arches, circular
arches, or soldier courses.
Vinyl siding is permitted in
traditional wide beaded styles only
with a minimum 6 -inch drop. Premium
quality vinyl is defined as vinyl
siding with a minimum wall thickness
15-1094
09/16/15
of .044". Cementitious siding shall
have wood grain and not have a bead.
iv. Synthetic Stucco (E.I.F.S.) siding
shall be finished in smooth, sand or
level texture. Rough textures are
not permitted.
V. Exterior facades which face a public
street shall have a formal
arrangement and organization of
elements including doors, windows,
and trim and shall include porches,
columns, cornices and trim.
f. Roofs:
i. Varied Roof Line. Varied roof
designs and materials shall be used
on building sections across the
front fagade of all buildings and
rear facades of buildings that face
a street.
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).
5. Balconies. All second, third and fourth floor
dwelling units shall have either an open
balcony or an enclosed sunroom with at least
50% of the units having open balconies.
Balconies shall be covered, architecturally
compatible with the building elevation, and
shall be a minimum of six (6) feet in depth
and sixty (60) square feet in area
V. Tract C.
Except as provided herein, development within this Tract
shall comply with the Zoning Ordinance requirements for
uses within the Residential Townhouse (R-TH) District.
A. Uses. Uses shall be limited to those uses permitted
by right or with restrictions .in the Residential
Townhouse (R-TH) District and neighborhood
recreation use.
B. Density. A maximum of fifty (50) townhomes shall
be permitted.
C. Dwelling Size. Each townhouse unit shall contain a
minimum gross floor area of 1,360 square feet.
D. Lot Area and Width. Each lot shall have an area
not less than 1, 500 square feet and a lot width of
15-1095
09/16/15
9
9
9-
not less than nineteen (19) feet; except end lots
in townhouse groups or rows shall have lot areas of
not less than 1,900 square feet and lot widths of
not less than twenty-six (26) feet.
E. Percentage of Lot Coverage. All buildings,
including accessory buildings, on any lot shall not
cover more than sixty-five (65) percent of the
lot's area.
F. Setbacks: The following minimum setbacks shall be
requirea:
1.
Front Yard:
Ten (10) feet.
2.
Side Yard:
A side yard of
not less than five
(5) feet in
width shall be
provided for each
end unit in
townhouse groups
or rows.
3.
Corner Side
Yard: Ten (10)
feet.
4.
Rear Yard: Twenty (20) feet.
G. Group Design. The total number of lots within each
attached group or row of townhouses shall not
exceed eight (8) units. Units shall have varied
setbacks by a minimum of two (2) feet from an
adjacent unit.
H. Focal Points. Open space of at least 0.75 acres
shall be provided near the entrance off Ashbrook
Parkway to serve as a focal point for the
development. The focal point shall be a mix of
hardscape and open areas and include benches or
other amenities to provide a place for gatherings
and an identity for the project
I. Development Standards.
1. Sidewalks/Driveways
a. Sidewalks: Sidewalks shall be provided on
both sides of Ashbrook Parkway within
Tract C and all streets that provide
general circulation.
b. Driveways: All private driveways serving
residential uses shall be asphalt or
concrete. Private driveways shall not
require curb and gutter unless such
driveways provide access to parking for
more than five (5) cars.
C. Front Walks: A minimum four (4) foot wide
concrete front walk shall be provided to
each dwelling unit.
2. Landscaping
a. Street Trees: Street trees shall be
planted or retained along both sides of
Ashbrook Parkway and all streets that
15-1096
09/16/15
provide general circulation in accordance
with Zoning Ordinance requirements for
street trees. The street trees shall be
in accordance with Section 19-518.(b).(2)
large deciduous trees.
b. Supplemental Trees: Prior to the issuance
of the certificate of occupancy, a
minimum of one additional tree shall be
planted in a courtyard or side yard area
for each townhouse row. Supplemental
trees shall be at least 50% flowering
trees, and the remainder shall be
deciduous trees. Supplemental trees
shall have a minimum caliper of 2"
measured at breast height (4'-10" above
ground) at the time of planting.
C. Sodded Yard Areas: All contiguous yard
areas along building fronts and all side
yards that face a street shall be sodded
and irrigated.
d. 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 (4'-5') or small
evergreen trees (6'-81) at the time of
planting.
3. Architecture and Materials.
a. Style and Form: The architectural styles
shall be interpretations of traditional
Richmond architecture, such as Georgian,
Adam, Classical Revival Colonial, Greek
Revival and Queen Anne.
b. Architectural CompatibilitV. All
townhouses constructed shall be
architecturally compatible with and
substantially similar in style and
quality to those constructed in Tract B.
The final architectural elevations for
Tract C shall be submitted to the
Planning Commission for review and
approval to ensure compliance with this
condition.
15-1097
09/16/15
9
91
M
C. Architecture. Buildings shall be designed
to impart harmonious proportions and
avoid monotonous facades or large bulky
masses. Buildings shall possess
architectural variety while at the same
time have an overall cohesive residential
character. Architectural treatment of
all buildings shall utilize a mixture of
design features. Design features shall
include a combination of the following so
buildings will have a residential
character and the appearance of several
small buildings clustered together in
buildings of large mass: balconies,
terraces, articulation of doors and
windows, sculptural or textural relief of
facades, architectural ornamentation and
varied rooflines.
d. Foundations: The exposed portion of any
foundation shall be brick or stone.
Synthetic or natural Stucco foundations
shall be permitted for facades
constructed entirely of stucco. Stepping
the siding down below the first floor
level is not permitted on any elevation
of the unit.
e. Exterior Facades: At least 60% of the
front facades of all buildings shall be
brick or stone masonry. The side or rear
facade of any building that is visible
from public streets shall have at least
600-o brick or stone masonry. The height
of the brick and stone shall be permitted
to vary to allow for a mixture of design
features. Measurement of the requirement
for masonry fagade treatment shall be
exclusive of roof gable ends, windows,
doors, balconies, porches and sunrooms.
other acceptable siding materials include
stucco, synthetic stucco (E.I.F.S), and
horizontal lap siding. Horizontal lap
siding shall be manufactured from natural
wood, cement fiber board, or may be
premium quality vinyl siding (up to a
maximum of 40 on any fagade) Plywood
and metal siding are not permitted.
Painted wood trim is not permitted.
Additional siding requirements:
i. A variety of facing materials shall
be used on any one fagade of any
unit. A maximum of three (3) facing
materials may be used on any one
fagade of any unit.
ii. Brick sills shall be projected and
brick heads at openings shall be
15-1098
09/16/15
traditional jack arches, circular
arches, or soldier courses.
iii. Vinyl siding is permitted in
traditional wide beaded styles only
with a minimum 6 -inch drop. Premium
quality vinyl is defined as vinyl
siding with a minimum wall thickness
of .044". Cementitious siding shall
have wood grain and not have a bead.
iv. Synthetic Stucco (E.I.F.S.) siding
shall be finished in smooth, sand or
level texture. Rough textures are
not permitted.
V. Exterior facades which face a public
street shall have a formal
arrangement and organization of
elements including doors, windows,
and trim and shall include porches,
columns, cornices and trim.
f. Roofs:
i. Varied Roof Line. Varied roof
designs and materials shall be used
on building sections across the
front fagade of all buildings and
rear facades of buildings that face
a street.
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).
J. Common Open Area. A minimum of twenty (20) percent.
of total gross acreage north of the RPA shown on
Tract C on the Master Plan shall be provided as
common open area, exclusive of driveways, parking
areas and recreational areas. Within this area, a
minimum common area of five (5) feet in width shall
be provided adjacent to all groups of lots except
where the groups front or abut a public street.
K. Neighborhood Recreational Area. An area
conveniently accessible to and included within the
Tract consisting of not less than ten (10) percent
of the gross acreage of the Tract shall be provided
for suitable recreational use by the occupants and
in no event shall less than one and one-half (1 %)
acres be provided. The area shall contain
hardscaped areas, benches, landscaping, walking
trails, a covered gazebo/picnic area and other
amenities that facilitate outdoor gatherings. This
recreational area shall be permitted to be located
in the "BMP/Open Space Area" as shown on the Master
Plan
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
15-1099
09/16/15
9
F]
In Bermuda Magisterial District, Priority Auto - c/o Ellmer
Properties and Pete Borches request a conditional use to
permit two (2) electronic message center signs plus
conditional use planned development to permit exceptions to
signage requirements and amendment of zoning district map in
a General Business (C-5) District on 42.6 acres located at
the south corner of Ruffin Mill Road and Walthall Drive; also
fronting 2230 feet on the east line of Interstate 95, 1020
feet south of Woods Edge Road. Density will be controlled by
zoning conditions or ordinance standards. The Comprehensive
Plan suggests the property is appropriate for Industrial use.
Tax IDs 804-637-4161, 5690 and 7907; 804-638-3807, 7102, 9415
and 9918; 805-636-0948; 805-637-0272 and 3003.
Mr. Turner presented a summary of Case 15SN0602 and stated
the Planning Commission recommended approval because the
signage will increase visibility for motor vehicle
dealerships not directly fronting the entrances to proposed
projects. He further stated staff recommended denial because
sign standards provide sufficient freestanding signage to
identify commercial projects; a practical alternative exists;
and the use may encourage other businesses to seek similar
exceptions.
Mr. Brennen Keene, representing the applicant, accepted the
recommendation.
Mr. Elswick called for public comment.
Mr. Bob Olsen expressed concerns relative to the amount of
exceptions the proposed area has already been given. He urged
the Board to deny the request.
Mr. Freddy Boisseau voiced his support of the proposal and
urged the Board to approve the request.
There being no one else to speak to the issue, the public
hearing was closed.
Ms. Jaeckle noted the sign size was reduced quite
significantly from what was originally recommended. She
stated the Ruffin Mill Road/I95 area is unique and
appropriate for the proposed use.
Ms. Jaeckle then made a motion, seconded by Mr. Warren, for
the Board to approve Case 15SN0602 and accept the following
proffered conditions:
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
Numbers 804-637-7907, 805-637-0272, 805-637-3003, 805-636-
0948, 804-637-4161, 804-637-5690, 804-638-3807, 804-638-7102,
804-638-9415, and 804-638-9918 (the "Property") under
consideration will be developed according to the following
conditions if, and only if, the rezoning request for a
Conditional Use ("CUP") and Conditional Use Planned
Development ("CUPD") is granted. In the event the request is
15-1100
09/16/15
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. Master Plan. The Textual Statement dated September
29, 2014, last revised August 13, 2015, shall be
considered the Master Plan. (P)
2. Sign Design. The project signs shall be
constructed generally as shown on Exhibit A and
Exhibit B. (P)
3. Electronic Sign. In addition to Ordinance
requirements, any computer -controlled, variable
message, electronic sign shall conform to the
following standards:
A. A Copy shall be limited to a maximum of three
(3) lines and shall not move but may fade.
B. The message or display shall be programed to
change no more than once every thirty (30)
seconds.
C. Sequential messaging shall be prohibited.
D. Flashing and traveling messages shall be
prohibited.
E. Bijou lighting and animation effects shall be
prohibited.
F. The electronic message center shall be
incorporated into an architecturally designed
sign structure that is compatible and
complimentary to the project it serves.
G. Brightness shall be limited so as not to
exceed 0.3 foot candles above ambient light as
measured using a foot candle meter at a
distance of 100 feet. The computer -
controlled, variable message, electronic sign
shall have a photocell that automatically
adjusts the brightness according to ambient
light conditions. (P)
Textual Statement
The Owners request a Conditional Use for an Electronic
Message sign and a Conditional Use Planned Development
("CUPD") to permit zoning ordinance exceptions, as described
below, for the C-5 General Business District zoned properties
known as Chesterfield County Tax Identification Numbers
804-637-7907, 805-637-0272, 805-637-3003, 805-636-0948, 804-
637-4161, 804-637-5690, 804-638-3807, 804-638-7102, 804-638-
9415, and 804-638-9918.
EXCEPTION:
An exception of 50 square feet to the 50 square foot
limit for project sign area and an exception of 5 feet
to the 15 foot limit for sign height for each
freestanding project sign (Exhibits A and B) as set
forth in Sec. 19-649 of the County Zoning Ordinance
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
15-1101
09/16/15
9
9
15SN0669
In Midlothian Magisterial District, Brian A. Greene requests
conditional use to permit a business (tree service)
incidental to a dwelling and amendment of zoning district map
in an Agricultural (A) District on 1.4 acres known as 800
Ruthers Road. Density will be controlled by zoning conditions
or Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Residential use (2.51 to 4.0
dwelling units per acre). Tax ID 761-703-2752.
Mr. Turner presented a summary of Case 15SN0669 and stated
the Planning Commission recommended approval because
conditions will minimize impacts on adjacent properties. He
further stated staff recommended denial because the use does
not comply with the Comprehensive Plan and commercial
encroachment within a residential neighborhood.
The applicant was not present.
Mr. Elswick called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
In response to Mr. Gecker's questions, Mr. Turner stated
staff does not understand why the applicant is not present.
He noted the conditions are proffered. He stated staff was
last in contact with the applicant at the Planning Commission
meeting.
Mr. Gecker stated he was uncomfortable approving the rezoning
without the presence of the applicant.
Mr. Gecker then made a motion, seconded by Ms. Jaeckle, for
the Board to defer Case 15SN0669 until October 28, 2015.
Mr. Mincks noted the public hearing was closed.
Mr. Elswick called for a vote on Mr. Gecker's motion,
seconded by Ms. Jaeckle, for the Board to defer Case 15SN0669
until October 28, 2015.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
15-1102
09/16/15
i99unF7n
In Midlothian Magisterial District, Talley Sign Company
requests conditional use to permit an electronic message
center sign and amendment of zoning district map in a General
Business (C-5) District on 8.6 acres known as 7000 Hull
Street Road. Density will be controlled by zoning conditions
or Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for General Commercial/Light
Industrial and mixed use corridor use. Tax ID 765-698-9518.
Mr. Turner presented a summary of Case 15SN0670 and stated
both the Planning Commission and staff recommended denial
because the Electronic Message Center Policy suggests such
signs should not be permitted within the Route 360 Corridor
and the requested exception to the Policy could set a
precedent for similar requests.
The applicant was not present.
Mr. Elswick called for public comment.
Mr. Bob Olsen, Midlothian District resident, expressed
concerns relative to the proposal. He urged the Board to deny
the request.
Mr. Paul Grasewicz expressed concerns relative to the
proposal. He stated the request does not conform to the
adopted Electronic Message Center Policy.
There being no one else to speak to the issue, the public
hearing was closed.
In response to Mr. Gecker's question, Mr. Turner stated staff
was in contact with the applicant two weeks ago. He further
stated the applicant indicated his understanding that the
request may be denied.
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
denied Case 15SN0670.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
15SN0167
In Bermuda Magisterial District, James Queen requests renewal
of temporary manufactured home permit (Case 14SN0137) to
permit a temporary manufactured home and amendment of zoning
district map in a Residential (R-7) District on 2.3 acres
known as 15812 Meridian Avenue. Density is approximately .4
unit per acre. The Comprehensive Plan suggests the property
is appropriate for Suburban Residential II use (2.0 to 4.0
dwellings per acre). Tax ID 796-635-1818.
Mr. Ryan Ramsey presented a summary of Case 15SN0167 and
stated staff recommended denial because while the
manufactured home has been located on property since 1968,
the applicant has not provided an extenuating circumstance to
permit the continuation of the manufactured home permit. He
15-1103
09/16/15
9
9
9
further stated the applicant does not reside on the property
and has indicated that the manufactured home is being leased.
He stated the manufactured home is inconsistent with area
single-family residential development.
The applicant was not present.
Mr. Elswick called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
Ms. Jaeckle noted the property was originally granted a
conditional use in 1968. She further stated the use probably
should not have been continued after the family passed away.
She expressed concerns relative to transient use of the
property in a residential area.
Ms. Jaeckle made a motion, seconded by Mr. Holland, for the
Board to deny Case 15SN0167.
In response to Mr. Gecker's question, Ms. Jaeckle stated she
informed the applicant of her decision to deny the request.
Mr. Turner stated staff plans to contact applicants prior to
Board of Supervisors meetings. He noted applicants do receive
an email after the Planning Commission's action.
Mr. Elswick called for a vote on Ms. Jaeckle's motion,
seconded by Mr. Holland, for the Board to deny Case 15SN0167.
Ayes: Elswick, warren, Jaeckle, Holland and Gecker.
Nays: None.
15SNO634
In Midlothian Magisterial District, Charter (E & A) LLC
requests amendment of conditional use planned development
(Cases 94SNO138 & 13SN0509) to permit exceptions to density
and residential townhouse standards and amendment of zoning
district map in a Community Business (C-3) District on 10.2
acres fronting 700 feet on the west line of Charter Colony
Parkway, 850 feet south of Midlothian Turnpike, also fronting
550 feet on the east line of LeGordon Drive, 1115 feet south
of Midlothian Turnpike. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Planned Transition
Area uses. Tax ID 726 -707 -Part of 3592.
Mr. Ramsey presented a summary of Case 15SNO634 and stated an
80 -unit residential townhouse development is planned. He
further stated the request property is located within a
portion of Tract 7, an area defined by the Master Plan in the
original Charter Colony zoning request. He stated residential
townhomes are a permitted use, when developed in accordance
with the Residential Townhouse (R-TH) District standards and
zoning conditions and noted several exceptions to these
development standards and the overall density limitations are
requested. He further stated the original zoning case
94SNO138 was approved in August 1994. He stated Proffered
Condition 2 of 94SNO138 states the maximum number of dwelling
units within the development would be limited to 1,800 units,
since Tract 4 was utilized for non-residential uses. He
15-1104
09/16/15
further stated Proffered Condition 3 states each residential
lot developed in excess of 2,088 units would be subject to
pay a cash proffer and since the overall development was
limited to 1,800 units, a cash proffer has never been
applicable. He stated the applicant has requested to amend
the previously approved case which would increase the
density, only on Tract 7, to add 80 units; however, they have
not offered a way to address the impact of this proposed
development on capital facilities. He further stated because
the applicant is requesting to increase the density above the
currently allowed 1,800 units, staff feels that it is
appropriate to accept a cash proffer to assist in mitigating
the corresponding impacts on capital facilities. He stated
the Planning Commission recommended approval because the
applicant has provided a village -concept plan for a high-
quality townhouse community and a substantial amount of
capital facility improvements have already been constructed
as a part of the Charter Colony development. He further
stated staff recommended denial because the request does not
address impacts on capital facilities.
In response to Mr. Gecker's questions, Mr. Ramsey stated the
only issue Planning staff has with the proposal is the
proffer issue. He further stated Planning staff believes the
proposal is appropriate in terms of the use; however, the use
is a new introduction of townhouses.
Mr. Turner stated there are roughly 100,000 single-family
dwelling units in the county today and between 15,000-20,000
multi -family townhouse units. He further stated there is a
demand for different housing types to meet the needs of the
county's aging population. He stated staff believes villages
represent a good location for higher density housing that
would be attractive to senior citizens.
In response to Mr. Gecker's questions, Mr. Turner stated the
county's housing inventory needs to be diversified. He
further stated the question of proffers and whether or not
they should be collected is more of a geographical question.
He stated within the Village of Chester, given the product
and the location, the incentive made sense there. In terms of
the proposed location, he stated housing inventory is at a
higher price point and can afford to pay the proffer. He
further stated clearly there are areas in the county where
new investments need to be incentivized and new housing of
higher density and the proffer should be waived in particular
situations. He stated there are going to be other locations
where some things are considered off balance. He further
stated proffers are intended to address infrastructure
facility needs throughout larger areas, not really addressing
immediate infrastructure facility needs within the shed.
Mr. Gecker stated transportation needs are not imperative in
the area of the proposed location. He further stated he is
missing the underlying logic of Planning staff's position. He
stated the issue is centered much more on the policy and
objective of different communities within the county, to
provide a good product in a village setting.
Ms. Jaeckle concurred with Mr. Gecker's remarks.
15-1105
09/16/15
9
1E
F]
Mr. Holland expressed concerns relative to overcapacity of
J.B. Watkins Elementary and lack of the full cash proffer to
address impacts on capital facilities. He recommended
modifying the cash proffer policy to incentivize senior
housing.
Mr. Brennen Keene, representing the applicant, presented a
summary of the conditional use. He stated the Charter Colony
development encompasses over 818 acres and remains a mix of
commercial, residential, multi -family and senior apartments.
He further stated the overall development of the tract
provides an opportunity to support the vision of the
Midlothian Village and Charter Colony for a mixed-use
development. He stated the 1995 proffered zoning conditions
include a density cap of 2,100 single-family residential
units, with the first 2,088 residential units not subject to
the payment of a cash proffer. He further stated the 2,100
unit number was reduced to 1,800 units if property was
donated for the construction of John Tyler Community College.
He noted the community college property donation did not
affect the cash proffer cap. He stated Charter Colony is
close to build -out and close to 1,800 units. He further
stated the current request includes a new density cap of
1,880 to provide for the 80 townhouse units. He stated
approving the request without additional cash proffers is
warranted because of the significant donations and
dedications made as a result of the Charter Colony
development which include the dedication of 80 acres of
right-of-way for Route 288; dedication of right-of-way along
Route 60; dedication of five acres adjacent to Midlothian
High School; payment of up to $189,000 toward the cost of
realigning Charter Colony Parkway; dedication of 116 acres
for John Tyler Community College; and previous dedication of
land for Midlothian High School. He further stated additional
improvements and enhancements include construction of
additional sidewalks, decorative lighting, a new path and
aesthetic improvements to the area. In closing, he urged the
Board to approve the request.
In response to Mr. Warren's question relative to the number
of school children in the existing residential units, Mr.
Keene stated he does not have that information.
Mr. Gecker stated the Charter Colony development as a whole
is geared towards families and portions are dedicated for
couples without children.
In response to Mr. Gecker's question, Mr. Keene stated the
applicant's market is targeted towards empty -nesters and
couples without children.
In response to Mr. Holland's question, Mr. Keene stated the
dedications and donations made as a result of the Charter
Colony development covers $1.5 million in proffers.
In response to Mr. Elswick's question, Mr. Keene stated the
original value of the 201 acres proffered in 1995 is hard to
calculate based on the increase of cash proffers as the
development grew. He further stated what was realized in lieu
of the dedications is also hard to calculate. He stated there
15-1106
09/16/15
was a payment of $189,000 made towards the cost of realigning
Charter Colony Parkway.
Mr. Carmody stated the Board did take an action to
appropriate $189,000. He further stated he has not been able
to confirm that the revenue was actually received.
Mr. Elswick called for public comment.
Mr. Bob Olsen, Midlothian
concerns relative to the lack
new fire station that will
apartments. He also expressed
traffic along Le Gordon Drive
Watkins Elementary.
District resident, expressed
of funds required to build a
be servicing the proposed
concerns relative to increased
and the overcapacity of J.B.
Ms. Elaine Beard, Midlothian District resident, expressed
concerns relative to impacts of the development in the
Midlothian Village and the increased traffic along Le Gordon
Drive. She urged the Board to defer the proposal in order to
address questions and concerns of the community.
Mr. Peppy Jones, Midlothian District resident and chairman of
the Village Midlothian Volunteer Coalition, spoke in favor of
the proposal. He stated the applicant has provided a village -
concept plan for a high-quality townhouse community.
Mr. Rodney Martin, Midlothian District resident, spoke in
favor of the proposal. He stated there is a need for
additional housing in the Midlothian Village. He further
stated impacts to local schools relative to overcrowding will
need to be addressed by the School Board.
Mr. Paul Grasewicz spoke in opposition to the case. He stated
offering no cash proffer is not acceptable since there is a
need for public facilities within the immediate community and
on a county -wide basis.
Mr. Freddy Boisseau, Bermuda District resident, expressed
concerns relative to the lack of information related to the
values of dedications and donations made as a result of the
development. He urged the Board to defer the request.
There being no one else to speak to the issue, the public
hearing was closed.
Mr. Keene stated a substantial amount of capital facility
improvements have already been constructed as a part of the
Charter Colony development. He further stated the 1995 zoning
conditions included a density cap of 2,100 single family
residential units, with the first 2,088 residential units not
subject to the payment of a cash proffer.
Mr. Gecker stated he disagrees with the notion to rebuild
without rezoning that indicates noncompliance with the older
deal. He further stated there are reasons, given the location
of the piece to discuss moving forward without proffers. He
apologized to Ms. Beard for not reaching out to her and
acknowledged he spoke with her son relative to the matter. He
stated he would like to meet with the Garnett Lane community
and talk through the use possibilities on the site. He
15-1107
09/16/15
IE
F]
further stated he believes residential is a better use long
term than commercial. He noted there are no plans to widen Le
Gordon Drive anytime in the near future, because it will take
away the pedestrian nature. He recommended deferring the case
until October 28, 2015.
In response to Mr. Gecker's request, Mr. Keene stated the
applicant has met with Ms. Beard and has a continued interest
to continue the dialogue relative to the matter with respect
to the community.
Mr. Holland concurred with Mr. Gecker's recommendation. He
noted he cannot support the case as currently presented.
In response to Mr. Gecker's question, Mr. Chris Sorenson,
Assistant Superintendent of Schools for Business and Finance,
stated a proposed county -wide redistricting study will
include J.B. Watkins Elementary School. He further stated the
report should be finalized sometime in November; however, he
is unaware of when the School Board will take action on the
matter and when the study will be made public.
Mr. Gecker then made a motion, seconded by Mr. Warren, for
the Board to defer Case 15SN0634 until October 28, 2015.
Mr. Warren stated he cannot concede having three-story
townhouses that would not attract families with young
children. He expressed concerns relative to overcrowded
schools in the area.
Mr. Gecker stated he does not believe the county is in a
position to say to a developer they are now responsible for
school overcrowding that has grown up over years and has
remained unaddressed for a long period of time. He further
stated if there is a fix through redistricting, it should be
focused on in the short run.
Ms. Jaeckle voiced her agreement with the deferral. She noted
currently, the site could be developed as a strip mall and
stressed the importance of which use would keep a long-term
value.
In response to Mr. Elswick's question, Mr. Turner stated
impacts relative to current school assignments and school
enrollment in the proposed rezoning case were provided by
School Administration.
In response to Mr. Gecker's question, Mr. Sorenson stated
county -wide school needs and project impacts are based on the
average of the county.
In response to Ms. Jaeckle's question, Mr. Sorenson stated
the average does not differentiate between three-bedroom
townhomes versus three-bedroom single-family homes.
Mr. Elswick called for a vote on Mr. Gecker's motion,
seconded by Mr. Warren, for the Board to defer Case 15SN0634
until October 28, 2015.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
15-1108
09/16/15
17. PUBLIC HEARINGS
17.A. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE ARTICLE
V, SECTION 2-41(A) RELATED TO NEW CONSTRUCTION
PROCUREMENT FOR CHESTERFIELD COUNTY PUBLIC SCHOOLS TO
PROVIDE THAT ALL GOODS AND SERVICES RELATED TO SCHOOL
CONSTRUCTION BE PROCURED THROUGH COMPETITIVE
CENTRALIZED PURCHASING ADMINISTERED BY THE COUNTY
PURCHASING DIRECTOR
Dr. Bailey stated this date and time has been advertised for
the Board to consider an amendment to the County Code Article
V, Section 2-41 (A) related to new construction procurement
for Chesterfield County Public Schools to provide that all
goods and services related to school construction be procured
through competitive centralized purchasing administered by
the Chesterfield County Purchasing Director. She further
stated recently, a proposal has been presented by the
Chesterfield County Public Schools (CCPS) for the County
Purchasing Department to assume the added responsibility for
all procurement currently conducted by the CCPS Construction
Division. She stated this function, and the purchasing of
food for schools, are the only areas of procurement not
currently the responsibility of the Chesterfield County
Purchasing Department.
Mr. Elswick called for public comment.
Mr. Freddy Boisseau, Bermuda District resident, voiced his
support of the proposal. He recommended reviewing the process
on a yearly basis.
There being no one else to speak to the issue, the public
hearing was closed.
Ms. Jaeckle commended Mr. Mike Bacile and Mr. Chris Sorenson
for their efforts relative to the process.
Mr. warren commended Dr. Bailey for the informative
presentation. He voiced his support of the proposal.
In response to Mr. Holland's question, Dr. Bailey stated the
proposal is related to School's construction procurement
functions.
Mr. Holland commended Dr. Bailey for the informative and
thorough presentation. He suggested reviewing the process on
a yearly basis.
In response to Mr. Elswick's question, Mr. Sorenson stated
funding will be operational.
On motion of Mr. warren, 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 2-41(A) TO PROVIDE THAT THE COUNTY
PURCHASING DIRECTOR SHALL BE THE COUNTY'S PURCHASING AGENT
FOR SPENDING COUNTY SCHOOL BOARD CONSTRUCTION FUNDS
15-1109
09/16/15
9
9
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 2-41(A) of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 2-41. County purchasing director—Competitive purchasing;
delegation of authority; other officers designated as county
purchasing agents for certain purposes.
(a) All goods and services for all county departments, the
public school system, and the department of social services
shall, unless otherwise provided in this article, be procured
through competitive centralized purchasing administered by
the county purchasing director. The county purchasing
director is authorized to delegate his authority. The
director of food services for the county school board is the
county's purchasing agent for purchasing food supplies for
county schools.
(b) Every department shall request its goods and services
from the county purchasing director on requisitions
prescribed by the county purchasing director, and departments
shall be charged for such purchases.
(2) That this ordinance shall become effective July 1, 2016.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
(It is noted a copy of staff's Report on Proposed Transfer of
Schools Construction Procurement Responsibilities to the
County Purchasing Department was submitted to the Board at
its August 26, 2015 meeting.)
17.B. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATING
TO BACKGROUND INVESTIGATIONS OF APPLICANTS FOR
EMPLOYMENT WITH THE COUNTY FIRE AND EMERGENCY MEDICAL
SERVICES DEPARTMENT
Chief Senter stated this date and time has been advertised
for the Board to consider an amendment to the County Code
relating to background investigations of applicants for
employment with the Chesterfield County Fire and Emergency
Medical Services Department.
Mr. Elswick called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 2-72 RELATING TO
15-1110
09/16/15
BACKGROUND INVESTIGATIONS OF APPLICANTS FOR EMPLOYMENT WITH
COUNTY FIRE AND EMERGENCY MEDICAL SERVICES (EMS) DEPARTMENT
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 2-72 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 2-72. - Background investigations of applicants for
employment with county fire and emergency medical services
(EMS) department.
(a) Career firefighters and all volunteer members, including
junior volunteers under the age of 18.
1. The chief of police or his designee shall conduct a
criminal history records check on each firefighter
applicant for employment with the county fire and EMS
department. The chief of police or his designee shall
also conduct a criminal history records check on each
volunteer firefighter, emergency medical technician and
rescue squad member seeking membership with the county
fire and EMS department.
2. The applicant for employment or volunteer membership,
prior to employment or membership, shall submit to
fingerprinting, provide the police department with
personal descriptive information and execute a completed
Release of Information form to be forwarded through the
Central Criminal Records Exchange to the Federal Bureau
of Investigations for the purpose of obtaining national
criminal history record information regarding such
applicant. Records of arrests and dispositions while an
applicant was a juvenile shall be transmitted only when
authorized by appropriate court order, state statute or
federal regulation.
3. The chief of police or his designee shall prepare a
factual summary of each background investigation and
criminal records check performed and submit such summary
to the fire chief or his designee.
4. In addition, at the request of the fire chief, a
background field investigation shall be completed for
each applicant for employment or volunteer membership.
(b) Civilian employees.
1. The human resource management department (HRM) shall
conduct a background check on each applicant offered
employment with the fire and EMS department.
2. As a condition of employment, the applicant shall submit
to fingerprinting and execute a completed Release of
Information form to be forwarded through the Central
Criminal Records Exchange to the Federal Bureau of
Investigations for the purpose of obtaining national
15-1111
09/16/15
9
1E
91
M
criminal history record information regarding such
applicant.
3. HRM will notify the fire chief or his designee of the
results of the background check.
(2) That this ordinance shall become effective. immediptely
upon adoption.
t
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
17.C. TO CONSIDER APPROVING THE TRANSFER OF PROPERTY ON
WOODPECKER ROAD TO CHESTERFIELD ALTERNATIVES,
INCORPORATED FOR THE BUILD -A -HOUSE PROGRAM
Mr. Mincks stated this date and time has been advertised for
the Board to consider approving the transfer of property on
Woodpecker Road to Chesterfield Alternatives, Incorporated
for the Build -A -House Program.
Mr. Elswick called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Elswick, seconded by Ms. Jaeckle, the Board
approved the transfer of property at 19801 on Woodpecker Road
to Chesterfield Alternatives, Incorporated for the Build -A -
House Program.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
17.D. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATED
TO CTr-ATC
Mr. Ray Cash stated this date and time has been advertised
for the Board to consider an amendment to the County Code
related to signs. He further stated on June 18, the U.S.
Supreme Court issued a decision finding unconstitutional the
portion of the Town of Gilbert, Arizona's sign ordinance
which regulated signs based on content. He stated
Chesterfield County's sign ordinance, like virtually all
local sign ordinances throughout the country, shares some
similarities with the ordinance that was struck down. He
further stated the decision restricts the county's ability to
enforce portions of the ordinance unless it is amended. He
stated that since the Planning Commission's action, staff
recommended further changes. In addition to those
recommendations, staff has requested that the Board adopt the
ordinance without the proposed planning sign permit fee and
vote to repeal the Section 19.1-41 fee provision for sign
permits, this will allow staff to reevaluate the fee.
Mr. Elswick called for public comment.
Mr. Freddy Boisseau, Bermuda District resident, expressed his
support of the proposal. He inquired about clarification
relative to the distance between electronic message signs.
15-1112
09/16/15
There being no one else to speak to the issue, the public
hearing was closed.
In response to Ms. Jaeckle's question, Mr. Mincks stated
Planning staff recommended adopting the ordinance with no
associated fees.
Ms. Jaeckle then made a motion, seconded by Mr. Gecker, for
the Board to adopt the following ordinance, as amended:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997,
AS AMENDED, BY REPEALING CHAPTER 19 (ZONING ORDINANCE) AND
AMENDING AND REENACTING SECTIONS 19.1-6, 19.1-41, 19.1-270 THROUGH 19.1-
278 AND 19.1-570 RELATED TO SIGNS AND ASSOCIATED FEES
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Chapter 19 of the Code of the County of Chesterfield, 1997, as amended, is repealed
and Sections 19.1-6, 19.1-41, 19.1-270 through 19.1-278 and 19.1-570 are amended and
reenacted to read as follows:
Sec. 19.1-6. Enforcement of Chapter.
000
C. Repetitive Violations.
Computer Controlled Variable Message Electronic (EMC) Sign. If 2 notices of
violation for an EMC sign are issued within 12 months, the planning department
may issue a suspension of the sign permit for a period of up to 30 days. For each
violation following the initial suspension period, the director of planning can
suspend the sign permit for a period of up to 30 days. During suspension periods,
the EMC sign shall be disconnected from electric power.
Planning Sign Permit. The planning department may deny a planning sign
permit application for up to 1 year from the issuance of the most recent notice of
violation if a property, business, or organization has received 2 notices of
violation for regulations related to signs requiring a planning sign permit in any
12 month period.
111
D. Misdemeanor Violations. With the exception of violations which may be subject to
civil penalties as outlined in E., violations of this chapter shall be considered
misdemeanors.
1. Notice of Violation.
b. Contents of Notice and Time Period to Comply. The notice shall set forth:
o the nature of the violation;
o the time period required for compliance;
o a statement informing the recipient of the right to appeal the notice within 30
days to the board of zoning appeals in accordance with this chapter;
o the appeal fee;
o location of information regarding the filing of an appeal; and
o a statement that the notice of violation is unappealable if not appealed within
30 days of the date of the notice.
15-1113
09/16/15
PE
9
F:
With respect to violations involving the parking or display of motor vehicles,
prohibited signs, limited duration signs, or computer controlled variable
message electronic (EMC) signs, the person shall remedy the violation within
24 hours of service of the notice, unless an extension is granted. For all other
violations, the person shall remedy the violation within 10 days after service of
the notice, unless an extension is granted.
111
000
I ahle 19.1-41.C. Building Permit. Sign Permit. Schematic Plan and Site Plan
Application Type
I:Ccs
Fee (in dollars)
Building Permit for New Single, Two Family or Townhouse Dwelling
40 per unit
Planning
0
Sign Permit
All other
0
1400
Schematic or Overall Development Plan
plus 70 per acre
in excess of 1 acre
Adjustment/Amendment to Approved Schematic, Overall Development
700 per submittal
Plan or Site Plan
1400
Initial Submittal plus 2 Revision Submittals
plus 70 per acre
in excess of 1 acre[']
Site Plan
Submittals Subsequent to First 3 Submittals
350 per submittal�'l
Appeal Planning Director's Decision on Site Plan
700
Plan Transfer to Electronic Format per Sec. 19.1-27.G.
130
Deferral Request from Planning Commission Hearing/ Meeting
1000 for first deferral [1][21
plus 2000 for each deferral thereafter
Notes for Table 19.141.C.
[1] For any office, commercial or industrial use within an enterprise zone, enterprise subzone or technology zone as
designated by the county code, an application fee shall not be required.
[2] Fee to be paid by applicant requesting or consenting to deferral.
MM
15-1114
09/16/15
The purpose and intent of sign standards are to regulate publicly visible displays or
graphics, protect and enhance the character of roads and surrounding areas, prevent
diminishing property values due to excessive signage, safeguard the public use and
nature of roads, and minimize motorist distractions. The standards are specifically
designed to:
o promote maximum sign legibility;
o prevent over -concentration of signs as well as excessive height, bulk and
area of signs;
o promote safety by requiring that signs not create a hazard due to
collapse, fire, collision, decay or abandonment, obstruct firefighting or
police surveillance, nor create traffic hazards by confusing or distracting
motorists or by impairing a driver's ability to see pedestrians, obstacles
or other vehicles, or to read traffic signs; and
o identify a destination.
The following shall be prohibited:
o Unless specifically permitted, changeable copy signs;
o Sound or smoke producing signs;
o Moving signs intended to attract attention, regardless of whether or not
the sign has a written message or whether all or any part of it moves by
means including, but not limited to, rotating, fluttering or being set in
motion by movement of the atmosphere. This prohibition includes
pennants, but does not include commercial or noncommercial flags,
routine operation of the hands of a clock, or computer controlled variable
message electronic (EMC) signs;
o Commercial signs held or carried to attract attention;
o Persons dressed in costumes and acting to attract attention to a
commercial activity;
o Attention getting devices such as pennants, streamers, balloons or
inflatable devices of any configuration acting to attract attention to any
use other than noncommercial activity at a residential use;
o Signs with flashing lights, intermittent lights or lights with changing
degrees of intensity, excluding computer controlled variable message
electronic (EMC) signs;
o Internally lighted canopies or awnings constructed of translucent
material;
o Commercial signs on a parked automobile, motor vehicle, tractor trailer
or trailer when used primarily for the purpose of, and serving the
function of, a sign, except when parked in the operator's driveway, when
loading or unloading, or when parked to the side or rear of a
nonresidential building and not visible from adjacent roads;
o Signs greater than 48 square inches on a parked automobile, motor
vehicle, tractor trailer or trailer, which display a commercial message
that is unrelated to an activity or enterprise of the owner or operator of
the vehicle or trailer; and
o Outdoor advertising signs.
15-1115
09/16/15
9
9
F]
A. Signs Requiring a Sign Permit. A sign permit shall be required for a sign,
excluding banners, originally built or enlarged to be in excess of 8 square feet, and
for any enlargement, structural alteration or modification of these signs other than
sign refacing.
B. Signs Requiring a Planning Sign Permit. On a vacant lot, a lot occupied by a
nonresidential use, property at the entrance to a residential community, or an O, C
and I property, a planning sign permit shall be obtained for any sign for which a
sign permit is not required except for off-site signs outlined in Section 19.1-278.C.5.
Applications shall not be submitted more than 30 days prior to the proposed display
date.
C. Sign and Planning Sign Permit Applications.
1. Number of Required Applications. Except for computer controlled variable
message electronic (EMC) signs, a single application may be made for multiple
signs as follows:
o signs within a single project; and
o limited duration signs on multiple properties.
A separate application shall be required for each EMC sign.
2. Application Information. Applications shall include information deemed
necessary by the planning department to ensure compliance with this division.
A. Signs Generally. Unless otherwise provided, the following regulations shall apply
to all signs and are in addition to other regulations contained herein:
Except as otherwise specified in this division, commercial signs shall be related
to the premises.
2. A noncommercial message may be substituted, in whole or in part, for the
message displayed on any sign which conforms to this chapter without
consideration of message content. Such substitution of message may be made
without any additional approval, permitting, registration or notice. The purpose
of this provision is to prevent any inadvertent favoring of commercial speech
over noncommercial speech, or favoring of any particular noncommercial
message over any other noncommercial message. Whenever a zoning lot has not
used all of its permissible sign area, then the unused portion may be used for the
display of signs displaying noncommercial messages. Any on-site commercial
message may be substituted, in whole or in part, for any other on-site
commercial message.
3. Signs posted by, or required to be posted by any government or governmental
agency shall be exempt from this division.
4. Signs posted solely for traffic control, public safety, or hazard warnings shall be
exempt from this division.
5. Signs shall be structurally safe and maintained in good condition.
15-1116
09/16/15
6. Signs shall not obstruct an opening intended to provide light, air, or building
ingress or egress.
7. Freestanding signs shall not overhang any portion of a building.
8. Signs shall not unreasonably obstruct the view of other signs from roads.
9. Signs shall not be posted on trees, utility poles or traffic control devices.
10. Sign position, shape and color shall not interfere with, obstruct the view of, or
cause confusion with, a traffic sign, traffic signal, or other traffic control device.
11. Sign lighting shall not impair a driver's vision, obstruct police surveillance, or
cause direct glare into or upon, property other than that on which the sign is
located.
12. Signs shall not obstruct firefighting access.
13. For signs requiring a sign permit, a survey prepared by a registered civil
engineer or surveyor certifying the location, height, and area of the sign shall be
submitted following erection of the sign, if requested by the planning
department.
14. Unless otherwise specified in this chapter, signs shall be permanent.
15. For freestanding signs outlined in Section 19.1-276. which require a sign permit,
the permit number and date of issuance shall be permanently affixed so as to be
clearly legible from the ground.
16. Twelve (12) months after the advertised use or activity ceases, a sign shall be
removed, unless a shorter time period is specified in this chapter.
B. Comprehensive Sign Package for Nonresidential Communities.
Prior to the first site plan approval for a nonresidential community, a comprehensive
sign package for all proposed signs shall be submitted to the planning department
for approval. The sign package shall include information necessary to ensure
compliance with this chapter, such as, but not limited to, conceptual sign renderings
or descriptions with sizes, lighting, and general locations. All signs shall conform to
the following:
• letter style and graphic display of signs shall be similar;
• area, location, and material of signs shall substantially conform to
building and site design;
• freestanding sign structures shall be similar;
• a single type of building mounted display shall be used;
• background colors of sign boxes shall be similar; and
• other than the primary sign, signs for each individual use shall have the
same background color which shall be one of the colors of the primary
sign.
C. Measurement of Signs.
1. Building Mounted. The area of building mounted signs shall be determined as
follows:
15-1117
09/16/15
F]
9
M
• Projecting Sign. The area of a rectangle or square encompassing the extreme
limits of each individual sign face, including all background visible from
any direction at any one time;
• Canopy or Awning Sign. The area of the surface upon which the sign copy
is located;
• Individually Mounted or Painted Copy Sign. If the copy is not emphasized
by an architectural or painted element of the building, the sum of the area
within a series of rectangles or squares encompassing each individual figure.
If the copy is emphasized by an architectural or painted element of the
building, the area shall be determined in accordance with the requirements
for Other Building Mounted Signs as outlined below; and
• Other Building Mounted Signs. The area of a rectangle, square, circle,
triangle or combination thereof encompassing the extreme limits of copy.
2. Freestanding.
a. Area. The area of a sign shall be that of a rectangle, square, circle, triangle
or combination thereof encompassing the extreme limits of copy. The area
of a 2 or more sided sign, where the interior angle between sides exceeds 90
degrees, shall be the sum of the area of the copy on all sides.
b. Height. Except as stated herein, sign height shall be the vertical distance
from grade level to the top of the sign copy:
• the height of a sign installed on an artificially created berm, mound or
similar feature shall include the height of such feature; or
• the height of sign adjacent to a road and installed below the grade of the
nearest travel lane shall be the vertical distance from such lane grade to
the top of the sign copy.
A. Signs Permitted in VDOT Right -of -Way. In addition to the signs outlined in B.,
the following signs may be placed within the right-of-way if approved by the
Virginia Department of Transportation:
• signs posted by, on behalf of, or with permission of, a governmental
agency or public utility;
• noncommercial signs within a median strip at the entrances to
residential, nonresidential, or mixed use communities; and
• limited duration banners across a road in Special Design Districts related
to a noncommercial activity within the District.
B. Road Setbacks. Except where expressly stated, signs shall meet the following
requirements:
1. Road Setbacks. Except as outlined herein, setbacks shall be measured from the
existing right-of-way. If a sign is permitted to be located within an ultimate
right-of-way shown on the comprehensive plan, or an existing right-of-way, the
owner shall be responsible for relocating the sign to conform to the setback
15-1118
09/16/15
requirements at such time that the road is widened. Signs shall conform to the
following setbacks:
a. Except as outlined b., signs shall be set back as follows:
• in Special Design Districts, 5 feet from the right-of-way; or
• in other areas, 20 feet from the edge of the pavement or face of curb as
applicable, but in no case less than 1 foot from the right-of-way.
b. Along the following roads, signs may be located within the ultimate right-of-
way shown on the comprehensive plan if the right-of-way is dedicated, free
and unrestricted, to the county, a license agreement is obtained from the
board of supervisors, and the signs are set back 20 feet from the edge of the
pavement or face of the curb, as applicable:
o Route 60 between the Powhatan County line and Winterfield Road;
o Route 60 between Old Buckingham Road and the Richmond corporate
limits;
o Route 360;
o Route 10 between the Richmond corporate limits and Buckingham
Street;
o Route 10 between Jefferson Davis Highway and the Hopewell corporate
limits;
o Huguenot Road;
o Courthouse Road between Route 60 and Route 360;
o Harrowgate Road; and
o Jefferson Davis Highway.
2. Other Property Line Setbacks. Signs shall be set back 15 feet from all other
property lines.
C. Lighting.
1. Generally. Lighting shall be arranged and installed so that the light source is
not visible from adjacent roads, adjacent R, R-TH or R -MF property, or adjacent
A property designated on the comprehensive plan for residential use. Lighting
shall not blink, fluctuate or move.
2. Sign Lighting on R and MH Property, and on A Property Designated on the
Comprehensive Plan for Residential Use --Hours Limitations. Excluding
residential community entrance signs and signs on public park or school
properties, nonresidential use signs shall not be lighted between the hours of 10
p.m. and 6 a.m.
3. External lighting. External lighting shall be limited to white lighting in spots
or floods which are concealed or screened from view. If external lighting is
used, internal lighting shall not be permitted. Incidental building lighting shall
not be considered external sign lighting.
4. Internal Lighting. Internal lighting shall be contained within translucent copy
or internally illuminated sign boxes. Sign box internal lighting shall be restricted
to the sign face. If internal lighting is used, external lighting shall not be
permitted.
15-1119
09/16/15
9
9
9
M
A. Nonresidential Use -Signs Generally.
1. If the side or rear lot line adjoins R, R-TH, R- MF property, or A property
designated on the comprehensive plan for residential use, no building
mounted sign shall be visible from such property unless the sign is located a
minimum of 150 feet from such property.
2. The color of a sign's raceway shall match that of the building face on which
the sign is mounted.
3. Building mounted signs shall not project above the building's roofline or
parapet wall. A roofline or parapet wall shall not be artificially extended to
accommodate signage.
4. A projecting sign shall not extend more than 36 inches from the building,
roof, or canopy to which it is attached, exceed a face-to-face thickness of 8
inches, or exceed the height of the fascia or parapet wall. The sign shall be
attached so as to maintain a minimum clearance of 8 feet above grade.
5. Permitted building mounted signage may be placed on a drive-through
canopy fascia. The area of a drive-through canopy fascia shall be included in
determining total building mounted signage unless the color of the fascia is 1
of the following colors, excluding the color of any sign copy:
• black;
• white; or
• a significant color or significant accent color of the building.
B. Nonresidential Use Building Mounted Sign Area.
1. Determination of Building or Tenant Face Length. The area of permitted
signage shall be based upon the building or tenant face length to include the
length of any canopy. The building or tenant face length shall be determined as
follows:
• for a single tenant building, the greater of the length of the face generally
parallel to the road or the length of the building face where the primary
exterior entrance exists;
• for a multi -tenant building with tenants having individual exterior
entrances, the length of the face of tenant space where the primary
exterior entrance exists; or
• for a building with tenants having individual exterior entrances and
tenants having common exterior entrances, signage for tenants with
individual exterior entrances shall be based upon the length of the face of
the tenant space where the primary exterior entrance exists, and signage
for the remainder of the building shall be based upon the length of the
building face minus that for each tenant with an individual exterior
entrance.
15-1120
09/16/15
2. Determination of Permitted Signage.
a. Length of Signage. Under no circumstances shall the collective length of
building mounted signs on a building or tenant face exceed 70 percent of the
length of the building or tenant face, as applicable.
b. Area of Signage. Permitted signage shall be 1.25 square feet for each 1.0
linear foot of building or tenant face length for the first 120 feet plus 1.0
square foot for each additional 3.0 linear feet of such length, provided that a
minimum of 30 square feet of signage shall be permitted.
c. Permitted Increases in Area of Signage. The permitted sign area in b. may be
increased as follows:
• Building Outside of a Nonresidential Community or Outparcel in a
Nonresidential Community. If a freestanding sign is not erected, the
permitted 1.25 square feet of signage for each 1.0 linear foot of building
or tenant face length may be increased to 1.75 square feet for each 1.0
linear foot of such length.
Building at Road Intersections. The total sign area may be increased by
50 percent provided that the sign area exposed to any single road shall
not be increased beyond that normally permitted for that building face.
This increased sign area shall be calculated based on the maximum area
of building mounted signs permitted before any other permitted increase
in sign area.
Building Fronting on 2 Roads, or Building with Public Parking to Front
and Rear. The sign area for a use which extends from the front to the rear
of a building may beincreased by 100 percent to allow a sign on both the
front and rear building face. The sign area exposed to any road or view
from the parking area shall not be increased beyond that normally
permitted for that building face. This increased sign area shall be
calculated based on the maximum area of building mounted signs
permitted before any other permitted increase in sign area.
C. Other Nonresidential Use Building Mounted Signage. The following signs shall
be permitted and shall not be included in the permitted aggregate area of building
mounted signs:
• Door and Window Signs. Signs mounted on, or externally visible
through, a door or window, not to exceed the lesser of 15 square feet or
25 percent of the total window or door area on the face of the building
through which the sign is visible, shall be permitted, provided the view
into the establishment from the bottom half of the door or window is not
obstructed.
Under Canopy Signs. 1 under canopy sign not to exceed 8 square feet
shall be permitted in front of each tenant's main entrance.
D. Building Mounted Signage on Property with Residential as Principal Use.
• Signs shall not be internally illuminated;
• Building mounted signs shall not project above a building's roofline or
parapet wall;
15-1121
09/16/15
9
9
F:
N
• Single family dwelling units or multifamily units with individual exterior
entrances shall be permitted 1 square foot of signage for each unit; and
• Multifamily units sharing a common exterior entrance shall be permitted
4 square feet of signage for each common entrance.
A. Generally.
1. Number. Except where specifically stated, a project shall be limited to 1
freestanding sign.
2. Sign Structure. Except for limited duration signs, freestanding sign structures
shall either be covered with a material having a similar color and finish to the
principal building, be covered with a material and color used elsewhere on the
sign, or be an architectural detail such as a column or a decorative wall.
3. Changeable Copy. Except on property occupied by a residential use,
changeable copy may be incorporated into permitted permanent freestanding
signs as follows:
a. Area of Changeable Copy. Permitted sign area may be increased by 25
percent for the purpose of including changeable copy, provided the area of
the changeable copy is limited to one-half or less of the total area of the sign
face.
b. Location of Copy. Changeable copy shall be incorporated into permitted
freestanding signs as follows:
• Signs Erected on or after, April 25, 2001. Changeable copy shall either
abut the freestanding sign face, be incorporated into a freestanding
monument sign, or be integrated into the freestanding sign face.
• Signs Erected Prior to April 25, 2001. Except as provided below,
changeable copy incorporated into a sign shall abut the existing sign face
as close as practical. A nonresidential community project with a non -
changeable copy sign shall be permitted a separate sign solely
incorporating changeable copy. The area of the changeable copy sign
shall be limited to 50 percent of the permitted sign area for the
nonresidential community and be of a monument style using similar
materials and colors to that of the existing sign.
4. Freestanding Sign Landscaping. Except for signs located within areas which
were paved as of April 25, 2001, or signs outlined in Sections 19.1-277. and
19.1-278., the base of freestanding signs shall be landscaped with grass,
groundcover, shrubs or trees consistent with site landscaping.
15-1122
09/16/15
B. Except as otherwise permitted in this division, the following freestanding signs shall
meet the requirements outlined in Table 19.1-276.B.1.
Table 19.1-276.B. 1. Freestanding
Signs
Countywide
excluding
Size of Project
0-1, C-1 and
O-1, C-1 and Special
Project Type
Or
Special Design
Design Districtsill
Location
Districts [I]
Area
Height
Area
Height
(square feet)
(feet) Ili
(square feet)
(feet) [Zl
50 acres or
50
15
32
8
Mixed Use Community131141
Less
Greater than
100
20
32
8
50 acres
Less than
300,000 s/f of
50
15
32
8
Nonresidential Community 131141
fa
300,000 s/f of
fa or Greater
100
20
32
8
O and I
Outparcel in a Nonresidential
Districts
32
8
24
8
Communityl31141
C Districts
20
8
20
8
O and C
Districts
50
15
24
8
I District — 25
Property Outside of a Nonresidential
or Less
50
15
24
8acres
Community 131141151
I District —
Greater than
100
15
24
8
25 acres
Property in A, R, R -MF, R-TH, MH
Fronting on a
50
15
24
8
District with a Nonresidential Use,
major arterial
Fronting other
32
15
24
8
Excluding Farm Use 131141
road
Property in A District with Farm Use��
161
�..
12
10
12
10
Residential Community Entrance171
32
15
32
7
Property in A, R, R -MF, R-TH, MH
District on which there is a residential
1s 1r<
, e
12
5
12
5
use
Special Design District Entrance_
ORO
70
12
70
12
15-1123
09/16/15
9
9
M
Notes for Table 19.1-276.B.1.
[1] In addition to permitted freestanding signs, commercial flags not to exceed the square foot
limitations for a permitted freestanding sign and a height of 40 feet, to include the pole to which
attached, shall be permitted. The area of any permitted freestanding sign shall be reduced by
the total area of all commercial flags. A maximum of 1 commercial flag shall be permitted on
each pole.
[2] Architectural elements enclosing the top area of copy shall be permitted provided the element
height does not exceed 25 percent of the allowable sign height.
[3] Property fronting 2 or more major arterial roads shall be permitted along each such road 1
freestanding sign conforming to the size and height limitations.
[4] Property fronting a major arterial road and a collector road, or 2 or more collector roads, shall
be permitted along each such road 1 freestanding sign. Signs along a major arterial road shall
conform to the size and height limitations. Signs along a collector road and within 300 feet of an
R, R-TH or R -MF property, or A property designated on the comprehensive plan for residential
use, shall not exceed 10 square feet and a height of 8 feet. All other signs along a collector road
signs shall not exceed 30 square feet and a height of 10 feet. Signs along a collector road shall
not be externally lighted nor include changeable copy.
[5] The sign square footage for a project with multiple tenants sharing common building entrances
may be increased by 10 square feet.
[6] The sign square footage may be displayed in more than 1 sign provided the total area of all
signs does not exceed the permitted square footage. Signs may be temporary.
[7] 1 such sign shall be permitted for each road entrance into the community, provided that 2 signs
shall be permitted if each sign is attached to a decorative fence or wall located on opposite sides
of the entrance. Each sign shall be limited to 32 square feet, provided that the sign area may be
increased by 1 square foot for each dwelling unit in excess of 320, but in no case shall a sign
exceed 100 square feet. In a residential development having multiple neighborhoods not
generally connected by local roads, the planning department may allow 1 sign, not to exceed 12
square feet and 7 feet in height at each neighborhood entrance from an arterial, collector or
residential collector road.
[8] Noncommercial signage may be provided in more than 1 sign provided that the aggregate area
of all such signs shall not exceed 8 square feet. A maximum of 1 sign may be a commercial
sign not to exceed 4 square feet. Signs may be temporary.
The signs in this section shall be in addition to other signs permitted by this
division.
1. Freestanding Sign at Entrances to Projects in O, C and I Districts. 2 on-site
signs, each not to exceed 4 square feet and a height of 5 feet, shall be permitted
at each road entrance to a project. Signs shall be limited to 2 colors, one for
lettering and one for background. Lighting shall be limited to internal means.
2. Freestanding Signs at Entrances to Establishments O, C and I Districts
Located Outside a Nonresidential Community that Share Access to a Road.
Where 2 establishments are required by the transportation department to share
access to a road, each establishment shall be allowed 1 sign, either on- or off-
site, along the shared access. Each sign shall not exceed 4 square feet and a
height of 5 feet.
3. Freestanding Off-site Signs for Specific Public and Semi -Public Places.
Assembly uses exceeding 10,000 gross floor area, hospitals on greater than 25
acres, transit uses, or other public uses without a direct entrance to a major
arterial road shall be permitted 1 off-site sign. If the signs are located on a
major arterial road, 2 signs shall be permitted on opposite sides of such road.
Signs shall not exceed 7 square feet and a height of 7 feet.
15-1124
09/16/15
4. Drive-through Facility Stacking Lane Signs. Adjacent to each stacking lane, 2
signs shall be permitted provided they are not legible from off site. Signs shall
be limited to 6 feet in height. In Special Design Districts, the cumulative area of
all such signs shall not exceed 24 square feet, and in all other areas 45 square
feet.
Establishments Accommodating Orders from Parking Spaces or Fueling
Stations. 1 sign, not to exceed 4 square feet, shall be permitted adjacent to each
space or station. The sign shall be attached to columns supporting a canopy.
The color of the sign box shall match the color of the column on which the sign
is mounted.
6. Fuel Dispenser Mounted Signs. 8 square feet of signage, attached to, or
immediately above, each fuel dispenser shall be permitted. Signs shall not be
internally illuminated.
A. Permitted Limited Duration Signs. Limited duration signs shall be in addition to
other signs permitted by this division.
B. Limited Duration Signs in O, C, and I Districts, and in A Districts Designated
on the Comprehensive Plan for Nonresidential Use.
1. Noncommercial Freestanding Signs. A mixed use or nonresidential
community, or zoning lot not located within a mixed use or nonresidential
community shall be permitted 2 noncommercial signs. 1 additional such sign for
each 500 linear feet of road frontage in excess of 1000 feet shall be permitted;
however, in no case shall the number of such signs exceed 4. Each sign shall not
exceed 32 square feet and 7 feet in height. Each sign shall be displayed for no
longer than 100 consecutive days. Display of such signs on each community or
lot shall be limited to a total of 120 days within any calendar year.
2. Noncommercial Banners Across Roads in Special Design Districts. In a
Special Design District, 1 banner, not to exceed 250 square feet, related to a
noncommercial activity within the District, either on-site or off-site of the
property on which the activity is to occur, shall be permitted. The sign shall be
located across a road. Display of the banner shall be limited to 60 consecutive
days. Display of such banners within each Special Design District shall be
limited to a total of 120 days within any calendar year.
Commercial Freestanding Signs on Occupied Property. A mixed use or
nonresidential community, or a zoning lot not located within a mixed use or
nonresidential community shall be permitted 2 commercial signs, each not to
exceed 32 square feet and 7 feet in height. 1 additional such sign for each 500
linear feet of road frontage in excess of 1000 feet shall be permitted; however,
in no case shall the number of such signs exceed 4. Display of each sign shall
be limited to 60 consecutive days. Display of such signs by an individual tenant
or owner shall be limited to a total of 120 days within any calendar year. The
director of planning may approve time extensions bn property with vacancies or
real estate for sale.
4. Building Mounted Banners on Nonresidential Community. A nonresidential
community shall be permitted 2 banners, each not to exceed the greater of 50
square feet or 15 percent of the area of the building face or tenant unit face on
which the banner is mounted. Display of each banner shall be limited to 60
consecutive days. Display of such banners by an individual tenant or owner
shall be limited to a total of 120 days within any calendar year.
15-1125
09/16/15
F]
9
9
M
5. Building Mounted Banners on Zoning Lot Outside of a Nonresidential
Community or Outparcel within a Nonresidential Community. A zoning lot
outside of a nonresidential community or outparcel within a nonresidential
community shall be permitted 1 banner, not to exceed the greater of 50 square
feet or 15 percent of the area of the building face or tenant unit space on which
the banner is mounted. Display of such banner shall be limited to 30 consecutive
days. Display of such banners by an individual tenant or owner shall be limited
to a total of 120 days within any calendar year.
6. Commercial Signs on Vacant Zoning Lot. A vacant zoning lot shall be
permitted 2 commercial signs, each not to exceed 32 square feet and 8 feet in
height. A zoning lot fronting 2 or more major arterial or collector roads shall be
permitted 2 such signs along each such road. Signs shall be removed at such
time that the activity which it advertises ceases.
7. Off-site Signs for Noncommercial Use of Limited Duration. A
noncommercial use lasting 14 or fewer days shall be permitted 10 off-site signs
on either O, C or I property, or A property designated on the comprehensive
plan for nonresidential use. Each sign shall not exceed 32 square feet and 8 feet
in height. 1 sign shall be permitted per zoning lot or community. Display of
signs shall be limited to 15 days prior to commencement, and 48 hours after
cessation, of the advertised use. Each organization shall be limited to the display
of such signs 4 times within any calendar year.
C. Limited Duration Signs in R, R-TH, R -MF and MH Districts, and in A
Districts Designated on the Comprehensive Plan for Other than Nonresidential
Use.
1. Noncommercial Signs at Residential Community Entrances. At each
entrance into a residential community, 1 noncommercial sign, not to exceed 32
square feet and a height of 7 feet, shall be permitted. Display of each sign shall
limited to 60 consecutive days. Display of such signs on each community shall
be limited to 120 days within any calendar year.
2. Banners for Nonresidential Use on Zoning Lot not Occupied by a
Residential Use. On a zoning lot not occupied by a residential use, 1 banner,
not to exceed 32 square feet and a height of 7 feet, shall be permitted. A zoning
lot fronting 2 or more major arterial or collector roads shall be permitted such
signage along each such road. Display of each banner shall be limited to 60
consecutive days. Display of such banners on each lot shall be limited to 120
days within any calendar year.
3. Commercial Signs on Vacant Zoning Lot. On a vacant zoning lot, 1 sign, not
to exceed 16 square feet and 10 feet in height, shall be permitted. 1 additional
such sign for each 500 linear feet of road frontage in excess of 1000 feet shall be
permitted. A zoning lot fronting 2 or more major arterial or collector roads shall
be permitted such signage along each road. Signs shall be removed at such time
that the activity which it advertises ceases.
4. Noncommercial Signs on Vacant Zoning Lot. On a vacant zoning lot, 1 sign,
not to exceed 16 square feet and 10 feet in height, shall be permitted. 1
additional such sign for each 500 linear feet of road frontage in excess of 1000
feet shall be permitted. A zoning lot fronting 2 or more major arterial or
collector roads shall be permitted such signage along each road. Display of each
sign shall be limited to 100 consecutive days. Display of such signs on each lot
shall be limited to 120 days within any calendar year.
5. Off -Site Signs for Commercial Use of Limited Duration. 3 off-site signs,
each not to exceed 6 square feet and 7 feet in height, shall be permitted for a
15-1126
09/16/15
commercial use lasting for 3 or fewer days on an R, R-TH, R -MF or MH
property, or on A property designated on the comprehensive plan for other than
nonresidential use. 1 such sign shall be displayed on a zoning lot. Display of
signs shall be limited to 48 hours prior to commencement, and 48 hours after
cessation, of the use or activity advertised.
111
For the purposes of this chapter, the following words and phrases shall have the following
meanings:
111
Banner: A type of limited duration sign consisting of a piece of fabric or other flexible
material, other than a flag or pennant, and secured so as to not be a moving sign.
111
Canopy, drive-through: Permanent roof structure made of rigid materials providing
protection from rain or sun to a drive-through activity.
Canopy, pedestrian: Permanent roof structure made of rigid materials providing
protection from rain or sun to a pedestrian area.
000
Community, mixed use: Development containing a mixture of residential and
nonresidential uses.
Community, nonresidential: Group of buildings or uses containing three or more
nonresidential establishments that are planned, developed or managed as a unit.
Community, residential: Recorded subdivision or multi -family project.
111
Copy: Display on a sign surface in permanent, electronic or removable letter, graphic or
numeric form. Copy includes any associated background distinguishable from the sign
structure or building.
111
Flag, commercial: Sign consisting of a piece of cloth or other flexible material, used to
attract attention to a commercial use or activity and attached to a flag or light pole. A
commercial flag shall be included in the calculation of freestanding signage on the
property.
Flag, noncommercial: Sign consisting of a piece of cloth or other flexible material that
only depicts the emblem or insignia of a nation, political unit, educational, charitable,
religious, civic or similar group, or is a decorative flag that does not display a
commercial message. A noncommercial flag shall be not be included in the calculation
of signage on the property.
111
15-1127
09/16/15
9
9
Floor area, gross: Sum of the horizontal area of all
floors of a building measured from the exterior faces
of the exterior walls or from the center line of walls
separating two buildings, but not including outside
storage areas, attached garages or carports, enclosed
porches or rooftop enclosures housing mechanical
equipment. Also referred to as "gfa".
Figure: Gross Floor Area
moo
Pennant: Lightweight plastic, fabric or other similar material, suspended from a rope, wire,
or string, usually in series, and designed to move in the wind. A pennant may or may
not contain copy.
Refacing: Replacement of a sign face with a new face of equal size to that of the original
that does not alter any other aspect of the sign.
111;
Sign: Display of figures or copy visible to the public for the purpose of making anything
known or attracting attention. The term sign includes the sign structure and commercial
flags, but excludes works of art or architectural features that do not include or imply a
commercial message.
Sign box: Structure that encloses the sign face and other components.
Sign, building mounted: Permanently attached sign, erected or painted on the outside
wall, roof, window or door of a building. Building mounted signs do not include
freestanding signs.
Sign, changeable copy: Sign upon which copy can be changed or altered, except for
scoreboards. Changeable copy signs include the following:
• Manual: Sign with copy that can be changed or altered by manual means.
• Electrical: Sign with copy that can be changed or altered on a fixed display
surface composed of electrically illuminated or mechanically driven changeable
segments. Electrical signs include the following:
Fixed message electronic. Sign with copy that has been preprogrammed
to include only time, temperature, and date, and does not operate in a
flashing, traveling or rolling fashion.
Computer controlled variable message electronic (EMC). Sign with
copy that can be changed or altered by means of computer -driven
electronic impulses, excluding fixed message electronic signs.
111
Sign, freestanding: Sign supported by a fence, wall, upright structural members or braces
that are on, or in, the ground. Freestanding signs do not include signs attached to a
building.
Sign, illuminated: Sign with an artificial internal or external light source that illuminates
the sign.
Sign, limited duration: Temporary sign or banner permitted for a limited time period.
Sign, outdoor advertising: Sign or structure used as an outdoor display for the purpose of
making anything known, when the matter advertised or displayed is not related to the
premises where such sign is located. Outdoor advertising signs do not include the off-
site signs specifically permitted in this chapter.
15-1128
09/16/15
Sign, permanent: Sign attached to the ground or a structure, intended to exist for the life of
the structure or use, and which cannot be easily removed.
Sign, projecting: Sign, attached to a building wall, projecting at an angle and extending
more than 18 inches from the building wall face.
Sign structure: An assembly of materials used to support a sign, including the exterior
form and finishes that define sign copy area.
Sign, temporary: Sign, not permanently affixed to the ground or a structure, designed or
constructed such that it can be moved or relocated without requiring any structural or
support changes.
Sign, traffic control: Sign solely regulating safe driving, parking or traffic movement.
Sign, under canopy: Sign mounted perpendicular to a building face located under, and
attached to, the ceiling of a building mounted canopy.
Sign, window: Sign attached to a door or window that is legible from the exterior of the
building.
Sign, Special Design District entrance: Freestanding sign located at, or near, the entrance
to a Special Design District.
(2) That this ordinance shall become effective immediately upon adoption.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
17.E. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
PROVIDENCE ROAD SIDEWALK PROJECT
Mr. Smith stated this date and time has been advertised for
the Board to consider the exercise of eminent domain for the
Providence Road Sidewalk Project. He further stated on
October 24, 2015, the Board authorized staff to proceed with
the Providence Road Sidewalk Project, including acquisition
of right-of-way and easements. He stated the county's right-
of-way acquisition consultant has been successful in
acquiring right-of-way and easements from twelve property
owners that will be impacted by the project; however, the
county's consultant has been unable to reach agreement with
one owner. He further stated if the Board approves the use of
eminent domain, a certificate of deposit will be filed with
the court, which will allow the county to immediately use the
right-of-way and easement so the project can proceed without
delay. He noted negotiations to acquire right-of-way will
continue.
Ms. Jaeckle stressed the importance of pedestrian access
relative to the sidewalk project.
Mr. Gecker noted the Providence Road Sidewalk Project is a
part of the Providence Middle School revitalization piece.
In response to Mr. Gecker's question, Mr. Smith stated the
tenant and the owner of the property have approved the
construction of the sidewalk.
Mr. Elswick called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
15-1129
09/16/15
9
9
1E
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
authorized the exercise of eminent domain for the acquisition
of right-of-way and easements for the Providence Road
Sidewalk Project, including the filing of a certificate of
deposit for the acquisition right-of-way and easements on the
parcel located at 11 South Providence Road (GPIN 7597056653)
from Store Master Funding III, LLC.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
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.
20. ADJOURNMENT
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
adjourned at 8:59 p.m. until October 28, 2015.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
In regards to his attendance at the Chesterfield Branch NAACP
Annual Banquet on September 12th, Mr. Holland acknowledged
the presence of his wife, representatives from the Sheriff's
Department, Department of Fire and EMS, Ms. Janice Blakley,
Ms. Kim Conley and Dr. Sheryl Bailey. He also announced he
volunteered at a local food bank with two Richmond City
council members.
ames J Stegagier
Count Administrator
- --L &W J. -
Steph n A. Elswick
Chairman
15-1130
09/16/15
91
9
9