10-22-2003 MinutesBOARD OF SUPERVISORS
MINUTES
October 22, 2003
Supervisors in Attendances
Staff in Attendances
Mr. Arthur S. Warren, Chairman
Mr. J. L. McHale, III, Vice Chrm.
Mr. Edward B. Barber
Mrs. Renny B. Humphrey
Mr. Kelly E. Miller
Mr. Lane B. Ramsey
County Administrator
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Ms. Janice Blakley, CMC
Deputy Clerk
Maj. James Bourque,
Police Department
Mr Craig Bryant, Dir.,
Utilities
S¢hool Board Member in Attendances Dr Billy K. Cannaday, Jr.,
Supt., School Board
Dr. James Schroeder Ms Jana Carter, Dir.,
Youth Services
Ms Marilyn Cole, Asst.
County Administrator
Ms Mary Ann Curtin, Dir.,
Intergovtl. Relations
Ms Rebecca Dickson, Dir.,
Budget and Management
Mr James Dunn, Dir.,
Economic Development
Mr Robert L. Eanes,
Asst. to the County
Administrator
Chief Stephen A. Elswick,
Fire Department
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Thomas E. Jacobson,
Dir., Planning
Mr. H. Edward James,
Dir., Purchasing
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Asst. Dir.,
General Services
Ms. Kathryn Kitchen, Asst.
Supt. of Schools for
Business and Finance
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
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10/22/03
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Thomas Taylor, Dir.,
Block Grant Office
Mr. Scott Zaremba, Asst.
Dir., Human Resource
Management
Mr. Warren called the regularly scheduled meeting to order at
4:13 p.m.
1. APPROVAL OF MINUTES
On motion of Mr. McHalej seconded by Mr. Miller, the Board
approved the minutes of September 29, 2003, as submitted.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
On motion of Mr. McHale~ seconded by Mr. Barber, the Board
approved the minutes of September 30, 2003, as submitted.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
On motion of Mr. McHalei, seconded by Mr. Barber, the Board
approved the minutes of October 8, 2003, as submitted.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Warren recognized Mrs. Jon Mathiasen, President and Chief
Executive Officer of Richmond International Airport, who
provided a brief update on the airport expansion/renovation
project.
Mr. Warren requested that the Board consider Item 8.B.l.c.,
Resolution Approving the Financing Plan for Richmond
International Airport Expansion, Modernization and
Renovation, at this time,
8.B.l.c. APPROVING THE ~INANCING PLAN FOR RICHMOND
INTERNATIONAL AIRPORT EXPANSION, MODERNIZATION AND
RENOVATION
On motion of Mr. McHale!, seconded by Mr. Barber, the Board
adopted the following resolution approving the $270,000,000
financing plan for the expansion, modernization and
renovation of Richmond International Airport:
WHEREAS, the Capital Region Airport Commission was
created pursuant to the provisions of Chapter 380 of the Acts
of Assembly of 1980, as amended (the ~Enabling Act"), and
owns and operates the Richmond International Airport (the
~Airport"); and
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10/22/03
WHEREAS, in order to expand its facilities due to
increasing passenger and cargo demand, the Commission desires
to undertake any or all of the improvements, enlargements or
replacements at the Airport (the ~Project") and issue its
bonds, notes or other obligations (the "Obligations")
pursuant to a plan of financing, all as set forth in Exhibit
A included in the papers of this Board; and
WHEREAS, the Enabling Act requires that the governing
body of each participating political subdivision of the
Commission approve the maximum amount and general purposes of
the issuance of indebtedness by the Commission; and
WHEREAS, Section 147(f) of the Internal Revenue Code of
1986, as amended (the ~Code"), provides that, following a
public hearing, the plan of financing for the issuance of
exempt facilities bonds or notes be approved by certain
elected public bodies in respect of the issuer of such bonds
or notes; and
WHERAS, the plan of financing for the issuance of the
Obligations for the Project was the subject of a public
hearing by the Commission on August 26, 2003, in accordance
with the provisions of Section 147(f) of the Code; and
WHEREAS, the Commission has requested that the Board of
Supervisors of the County of Chesterfield, Virginia (the
"County") approve the plan of financing for the issuance of
the Obligations to finance or refinance any or all parts of
the Project and their maximum amount, as required by the
Enabling Act and to the extent required by the Code; and
WHEREAS, it is in the best interests of the County to
approve the Commission's plan of financing as set forth in
Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD
SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA:
OF
1. The Board hereby approves the issuance of the
Obligations by the Commission pursuant to the plan of
financing for the Project, all as described in Exhibit A, and
the general purposes thereof for the financing or refinancing
of the Project, as required by the Enabling Act and to the
extent required by Section 147(f) of the Code.
2. The approval of the plan of financing for the
issuance of the Obligations does not constitute an
endorsement to prospective purchasers of the Obligations of
the creditworthiness of the Project, the Airport or the
Commission. As set forth in the plan of financing, the
Obligations shall provide that neither the County nor the
Commission shall be obligated to pay the Obligations or the
interest thereon or other costs incident thereto except from
the revenues and moneys pledged therefore and from any other
funds which may become available, and neither the faith or
credit nor the taxing power of the Commonwealth, the County
or the Commission shall be pledged thereto.
3. This resolution shall take effect immediately upon
its adoption.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
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10/22/03
2. COUNTY ADMINISTRATOR'S COMMENTS
DOMINION VIRGINIA POWER UPDATE
MS. Iris Holliday, Senior External Affairs Manager,
introduced Mr. Ken Barker, Vice President of Customer
Planning, to provide the Board with an update on Dominion
Virginia Power's disaster recovery efforts following
Hurricane Isabel.
Mr. Barker stated the three-year drought, followed by a year
of flooding, left trees~ very susceptible to falling during
high wind, and it is estimated that over 200,000 downed trees
damaged Dominion's facilities. He further stated no amount
of tree trimming could have lessened the damage from falling
trees. He stated over 11,000 poles, 15,000 cross-arms and
8,000 transformers were replaced, and approximately 1,000
miles of line was rebuilt or repaired at over 50,000
individual work locations. He further stated a record
workforce of 12,000 was used to restore service. He stated
Dominion restored power in approximately 121,000 homes per
day during Isabel, which is a record level for the company.
He expressed appreciation to Dominion's employees, customers,
contractors and others ~who came to their aid during the
event.
Mr. Miller stated many concerns were expressed at the
September 29 and 30, 2003 community meetings relative to
tying smaller areas into the same grid as nearby larger
developments, and inquired whether Dominion is addressing
these concerns.
Mr. Barker stated each customer has a reliability index, and
Dominion is reviewing those indexes that are the worst, and
will consider the concerns expressed regarding smaller areas
being tied into larger grids.
Mr. Warren expressed appreciation for the extraordinary
efforts of Dominion Virginia Power during Hurricane Isabel.
Mr. Barker expressed appreciation to Mr. Ramsey for
communicating informatio~ through the county's GIS System.
2.B. EMERGENCY MEDICAL ~ERVICES REVENUE RECOVER¥ UPDATE
Deputy Chief Paul Shorter provided an update on Emergency
Medical Services (EMS) irevenue recovery. He stated the
department feels the program is highly successful, indicating
$1.5 million has been provided to the EMS system since the
program's implementation; there have been very few
complaints; and there is no indication that residents are
afraid to call 9-1-1 as a result of revenue recovery. He
discussed the history of the program, and provided a
breakdown of sources for the $1.5 million collected for
ambulance transports, noting that Medicare was the major
contributor.
Mr. McHale noted that only 2.16 percent of the $1.5 million
collected was from citizens who paid out of pocket, and the
remainder was covered by insurance.
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10/22/03
Chief Shorter provided data relative to the EMS passport
program.
Discussion ensued relative to communicating with citizens
regarding the EMS passport program.
When asked, Mr. Shorter stated funds collected through the
EMS passport program are redistributed to the respective
volunteer rescue squad to offset the loss of contributions.
He further stated there have been no additional requests for
funding from the rescue squads as a result of lost
contributions. He noted Manchester Volunteer Rescue Squad
indicated it had its best solicitation effort ever this past
year. He reviewed system improvements as a result of revenue
recovery, including hiring 11 firefighters to supplement
staffing; and upgrading cardiac monitors/defibrillators and
patient stretchers.
Mrs. Humphrey stated the Ettrick-Matoaca Volunteer Rescue
Squad is extremely pleased that their equipment and training
needs are being met as a result of revenue recovery. She
requested information regarding the demographics of citizens
who paid out of pocket for EMS transport services, and stated
this information would be useful in targeting certain groups
with information regarding the EMS passport.
Chief Shorter continued to review system improvements as a
result of revenue recovery, including replacing ~Jaws of
Life" rescue tools; placing a first response EMS vehicle in
service to assist with meeting the deficiency in the six-
minute response goal; and developing a program to fund the
cost of training and certifying firefighters to the paramedic
level.
Discussion ensued relative to the availability of data for
lives saved as a result of meeting the six-minute response
goal.
Chief Shorter reviewed future improvements, including the
addition of an Operational Medical Director and a Quality
Assurance Coordinator. He expressed appreciation to the
Board and Mr. Ramsey for their support of the revenue
recovery program.
When asked, Chief Shorter stated there is no evidence that
revenue recovery has discouraged citizens from calling 9-1-1,
and the call volume continues to increase at the same level
it has been increasing over the past couple of years.
Mr. Warren expressed appreciation to Chief Shorter for the
success of the revenue recovery program.
Mr. McHale suggested that the Fire and EMS Department provide
increased communication of the EMS passport program.
2.D. PRESENTATION TO THE UTILITIES DEPARTMENT FOR E-2
CERTIFICATION
Mr. Eanes stated that, under the leadership of Mr. Roy
Covington, Deputy Director of Utilities, and his team, the
Proctors Creek Wastewater Treatment Plant has been aligned
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10/22/03
with the requirements of the Virginia Department
Environmental Quality's Environmental Excellence Program.
of
Mr. Covington stated the Utilities team attended Virginia
Tech workshops, and he is pleased that Chesterfield is the
first to receive the E-2 Certification for Environmental
Excellence from the Department of Environmental Quality
Standards. He further stated the process was challenging,
and expressed appreciation to team members Mr. Bob Talmage,
Mr. Alan Harrison and Mr. Scott Smedley, for their efforts in
achieving the certification. He then introduced Mr. Gerry
Seeley, Director of Piedmont Regional Office, Department of
Environmental Quality (DEQ) and Ms. Sharon Baxter, Director
of Office of Pollution P~evention, DEQ.
Ms. Baxter stated she is!pleased to recognize Chesterfield as
the leading local government achieving the E-2 Certification.
Mr. Seeley presented the E-2 Certification for Environmental
Excellence from the Virginia Department of Environmental
Quality to Mr. Covington and stated he is extremely proud of
Chesterfield County.
2.A. THE OUTLINE OF A REPORT ON MTBE
It was generally agreed,that, due to time constraints, the
outline of a proposed report on Methyl Tertiary-Butyl Ether
(MtBE) be postponed until November 12, 2003.
3. BOARD COMMITTEE REPORTS
There were no Board committee reports at this time.
REQUESTS TO POSTPONE iACTION, ADDITIONS, OR CHANGES IN THE
ORDER OF PRESENTATIO~
On motion of Mr. Barber, seconded by Mr. McHale, the Board
deleted Item 7.B., AuthOrization for T-Mobile to Apply for
Conditional Use for Construction of a Communications Tower at
Ettrick Park; added Item 8.A.4o, Consideration of Extending
the Length of Time for the Planning Commission to Act on a
Request for Substantial Accord for Three School Sites;
replaced Item 8.B.l.a., Adoption of Resolution Confirming
Proceedings of the Chestierfield County Industrial Authority,
which Considered the ApPlication of Bon Secours-St. Francis
Medical Center, Incorporated, with Facilities to be Located
in Chesterfield County~ Virginia, which is a Virginia
Nonstock, Nonprofit CorpOration and an Organization Described
Under Section 501(c) (3!; moved Item 15.C., Zoning Case
03SN0245 (William P. Sowers Construction Company) to be heard
following Zoning Case 03SN0246 (WalMart Stores East, L.P.);
and adopted the Agenda, as amended.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-809
10/22/03
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
5.A. RECOGNIZING DRUG AND ALCOHOL ABUSE TASK FORCE MEMBERS
FORT HEIR SERVICE AND LEADERSHIP
5 .A. 1 · MR. CHRISTOPHER LINDBLOOM
Mr. Hammer introduced Mr. Christopher Lindbloom who was
present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Drug and Alcohol Abuse
Task Force was formed to address concerns about alcohol and
drug abuse in our community and to recommend the most
effective approaches to address substance abuse issues; and
WHEREAS, the task force gathered a wealth of information
by conducting an assessment of the community's resources,
holding public hearings, commissioning a comprehensive study
of the county's substance abuse treatment system,
commissioning a comprehensive study of the county's substance
abuse prevention efforts, and interviewing middle and high
school administrators, guidance counselors and school
resource officers; and
WHEREAS, the task force has completed its work and
provided a final report and recommendations to the Board of
Supervisors; and
WHEREAS, the work of the task force could not have been
accomplished without the dedication of citizens of our
community who volunteered their time to address this
important issue; and
WHEREAS, Mr. Christopher Lindbloom has served as a
representative of the Midlothian District since the year
2000; and
WHEREAS, Mr. Lindbloom has provided valuable leadership
to the task force by serving as chairman.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 22nd day of October 2003,
publicly recognizes and thanks Mr. Christopher Lindbloom for
his concern for the well-being of his community and his
leadership, commitment and service on the Drug and Alcohol
Abuse Task Force.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Warren presented the executed resolution to Mr. Lindbloom
and expressed appreciation for his service on the Drug and
Alcohol Abuse Task Force.
5.A.2. MR. FRED CARRERAS
Mr. Hammer introduced Mr. Fred Carreras who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
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10/22/03
WHEREAS, the Chesterfield County Drug and Alcohol Abuse
Task Force was formed to address concerns about alcohol and
drug abuse in our community and to recommend the most
effective approaches to address substance abuse issues; and
WHEREAS, the task force gathered a wealth of information
by conducting an assessment of the community's resources,
holding public hearings, commissioning a comprehensive study
of the county's substance abuse treatment system,
commissioning a comprehensive study of the county's substance
abuse prevention efforts, and interviewing middle and high
school administrators, guidance counselors and school
resource officers; and
WHEREAS, the task iforce has completed its work and
provided a final report !and recommendations to the Board of
Supervisors; and
WHEREAS, the work of the task force could not have been
accomplished without the dedication of citizens of our
community who volunteered their time to address this
important issue; and
WHEREAS, Mr. Fred Carreras is the longest serving member
of the task force, representing the Midlothian District for
nine years since his appointment in 1994; and
WHEREAS, Mr. Carreras has provided valuable leadership
to the task force by serving as a past chairman.
NOW, THEREFORE, BE ~IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 22nd day of October 2003,
publicly recognizes and thanks Mr. Fred Carreras for his
concern for the well-being of his community and his
leadership, commitment and service on the Drug and Alcohol
Abuse Task Force.
Ayes: Warren, McHale, Barber~ Humphrey and Miller.
Nays: None.
Mr. Warren presented the executed resolution to Mr. Carreras
and expressed appreciation for his service on the Drug and
Alcohol Abuse Task Force.
5.A.3. DR. BANCROFT GREE~E
Mr. Hammer introduced Dr. Bancroft Greene who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Drug and Alcohol Abuse
Task Force was formed to address concerns about alcohol and
drug abuse in our community and to recommend the most
effective approaches to address substance abuse issues; and
WHEREAS, the task force gathered a wealth of information
by conducting an assessment of the community's resources,
holding public hearings, commissioning a comprehensive study
of the county's substance abuse treatment system,
co~Lissioning a comprehensive study of the county's substance
03-811
10/22/03
abuse prevention efforts, and interviewing middle and high
school administrators, guidance counselors and school
resource officers; and
WHEREAS, the task force has completed its work and
provided a final report and recommendations to the Board of
Supervisors; and
WHEREAS, the work of the task force could not have been
accomplished without the dedication of citizens of our
community who volunteered their time to address this
important issue; and
WHEREAS, Dr. Bancroft Greene served as a representative
of the Clover Hill District since 2002; and
WHEREAS, Dr. Greene has been a faithful and dedicated
member of the task force.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 22nd day of October 2003,
publicly recognizes and thanks Dr. Bancroft Greene for his
concern for the well-being of his community and his
commitment and service on the Drug and Alcohol Abuse Task
Force.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Warren presented the executed resolution to Dr. Greene
and expressed appreciation for his service on the Drug and
Alcohol Abuse Task Force.
5.A.4. 1~. STEPHEN QUI~LEY
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Drug and Alcohol Abuse
Task Force was formed to address concerns about alcohol and
drug abuse in our community and to recommend the most
effective approaches to address substance abuse issues; and
WHEREAS, the task force gathered a wealth of information
by conducting an assessment of the community's resources,
holding public hearings, commissioning a comprehensive study
of the county's substance abuse treatment system,
commissioning a comprehensive study of the county's substance
abuse prevention efforts, and interviewing middle and high
school administrators, guidance counselors and school
resource officers; and
WHEREAS, the task force has completed its work and
provided a final report and recommendations to the Board of
Supervisors; and
WHEREAS, the work of the task force could not have been
accomplished without the dedication of citizens of our
community who volunteered their time to address this
important issue; and
WHEREAS, Mr. Stephen Quigley has served as
representative of the Matoaca District since 2002; and
a
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10/22/03
WHEREAS, Mr. QuigleY has been a faithful and dedicated
member of the task force.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 22nd day of October 2003,
publicly recognizes and thanks Mr. Stephen Quigley for his
concern for the well-being of his community and his
commitment and service on the Drug and Alcohol Abuse Task
Force.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
(It is noted Mr. Quigley was unable to attend the meeting and
his resolution will be presented at a later date.)
5.A.5. MS. LU ~AY LANIER
Mr. Hammer introduced Ms. Lu Gay Lanier who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Drug and Alcohol Abuse
Task Force was formed to address concerns about alcohol and
drug abuse in our community and to recommend the most
effective approaches to address substance abuse issues; and
WHEREAS, the task force gathered a wealth of information
by conducting an assessment of the community's resources,
holding public hearings, commissioning a comprehensive study
of the county's substance abuse treatment system,
co~f~Lissioning a comprehensive study of the county's substance
abuse prevention efforts, and interviewing middle and high
school administrators, guidance counselors and school
resource officers; and
WHEREAS, the task force has completed its work and
provided a final report !and recommendations to the Board of
Supervisors; and
WHEREAS, the work of the task force could not have been
accomplished without the dedication of citizens of our
co~Lunity who volunteered their time to address this
important issue; and
WHEREAS, Ms. Lu Gay Lanier has served as
representative of the Ma~oaca District since 1998; and
a
WHEREAS, Ms. Lanier has provided valuable leadership to
the task force by serving as a past chairman.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 22nd day of October 2003,
publicly recognizes and thanks Ms. Lu Gay Lanier for her
concern for the well-being of her community and her
leadership, co~Litment and service on the Drug and Alcohol
Abuse Task Force.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
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10/22/03
Mr. Warren presented the executed resolution to Ms. Lanier
and expressed appreciation for her service on the Drug and
Alcohol Abuse Task Force.
5.A.6. MS. JOY WALKER
Mr. Hammer introduced Ms. Joy Walker who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Drug and Alcohol Abuse
Task Force was formed to address concerns about alcohol and
drug abuse in our community and to recommend the most
effective approaches to address substance abuse issues; and
WHEREAS, the task force gathered a wealth of information
by conducting an assessment of the community's resources,
holding public hearings, commissioning a comprehensive study
of the county's substance abuse treatment system,
commissioning a comprehensive study of the county's substance
abuse prevention efforts, and interviewing middle and high
school administrators, guidance counselors and school
resource officers; and
WHEREAS, the task force has completed its work and
provided a final report and recommendations to the Board of
Supervisors; and
WHEREAS, the work of the task force could not have been
accomplished without the dedication of citizens of our
community who volunteered their time to address this
important issue; and
WHEREAS, Ms. Joy Walker has served as a representative
of the Dale District since 2002; and
WHEREAS, Ms. Walker has been a faithful and dedicated
member of the task force.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 22nd day of October 2003,
publicly recognizes and thanks Ms. Joy Walker for her concern
for the well-being of her community and her commitment and
service on the Drug and Alcohol Abuse Task Force.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Warren presented the executed resolution to Ms. Walker
and expressed appreciation for her service on the Drug and
Alcohol Abuse Task Force.
5.A.7. MR. HOWARD WARREN, SR.
Mr. Hammer introduced Mr. Howard Warren, Sr. who was present
to receive the resolution.
On motion of the Board, the following resolution was adopted:
03-814
10/22/03
WHEREAS, the Chesterfield County Drug and Alcohol Abuse
Task Force was formed to address concerns about alcohol and
drug abuse in our community and to recommend the most
effective approaches to address substance abuse issues; and
WHEREAS, the task force gathered a wealth of information
by conducting an assessment of the community's resources,
holding public hearings, commissioning a comprehensive study
of the county's substance abuse treatment system,
co~issioning a comprehensive study of the county's substance
abuse prevention efforts!, and interviewing middle and high
school administrators, guidance counselors and school
resource officers; and
WHEREAS, the task force has completed its work with a
final report and recommendations to the Board of Supervisors;
and
WHEREAS, the work of the task force could not have been
accomplished without the dedication of citizens of our
co~unity who volunteered their time to address this
important issue; and
WHEREAS, Mr. Howard Warren, Sr. has served as a
representative of the Matloaca District during 2003; and
WHEREAS, Mr. Warren has been a faithful and dedicated
member of the task force.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervis~ors, this 22nd day of October 2003,
publicly recognizes and thanks Mr. Howard Warren, Sr. for his
concern for the well-being of his community and his
commitment and service on the Drug and Alcohol Abuse Task
Force.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Warren presented the executed resolution to Mr. Warren
and expressed appreciation for his service on the Drug and
Alcohol Abuse Task Force.
5.A.8. MS. LU HENDERSON
Mr. Hammer introduced MS. Lu Henderson who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Drug and Alcohol Abuse
Task Force was formed to address concerns about alcohol and
drug abuse in our community and to recommend the most
effective approaches to address substance abuse issues; and
WHEREAS, the task force gathered a wealth of information
by conducting an assessment of the community's resources,
holding public hearings, commissioning a comprehensive study
of the county's substance abuse treatment system,
commissioning a comprehensive study of the county's substance
abuse prevention efforts, and interviewing middle and high
03-815
10/22/03
school administrators,
resource officers; and
guidance counselors and school
WHEREAS, the task force has completed its work and
provided a final report and recommendations to the Board of
Supervisors; and
WHEREAS, the work of the task force could not have been
accomplished without the dedication of citizens of our
community who volunteered their time to address this
important issue; and
WHEREAS, Ms. Lu Henderson has served as a representative
of the Bermuda District since 1997; and
WHEREAS, Ms. Henderson has been a faithful and dedicated
member of the task force.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 22nd day of October 2003,
publicly recognizes and thanks Ms. Lu Henderson for her
concern for the well-being of her community and her
commitment and service on the Drug and Alcohol Abuse Task
Force.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Warren presented the executed resolution to Ms. Henderson
and expressed appreciation for her service on the Drug and
Alcohol Abuse Task Force.
Members of the Drug and Alcohol Abuse Task Force each
expressed appreciation for the opportunity to serve the
county.
5.B. REC0~NIZING MS. JUDY ROSSI, MENTAL HEALTH, MENTAL
RETARDATION AND SUBSTANCE ABUSE, UPON HER RETIREMENT
Mr. Hammer introduced Ms. Judy Rossi who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Ms. Judy A. Rossi will retire on November 1,
2003 after providing twenty-five years of dedicated and
faithful service to Chesterfield County; and
WHEREAS, Ms. Rossi began her career with the
Chesterfield County Department of Mental Health, Mental
Retardation and Substance Abuse Services in July 1978 as a
Supervisor providing case management services to individuals
with mental illness and mental retardation and their
families; and
WHEREAS, Ms. Rossi was promoted to Director of Community
Services in 1993 and has mentored many professionals in the
field of mental retardation; and, provided strong leadership
by empowering staff to develop creative approaches to
providing services to persons with disabilities; and, she has
provided a lifetime of support and guidance to many citizens
of Chesterfield County, and has been rewarded by the simple
03-816
10/22/03
accomplishments of success of those she served and the
appreciation expressed bY families; and
WHEREAS, Ms. Rossi has served on numerous county boards,
committees and workgroup!s, such as the Disability Services
Board, Camp Baker Management Board, and Chesterfield
University School of Health, Safety and Security, to name a
few; and
WHEREAS, Ms. Rossi ihas represented Chesterfield Mental
Health, Mental Retardation and Substance Abuse Services at
the state level, serving as the Virginia Association of
Community Services Board (VACSB) Mental Retardation Council
chair, member of the VACSB Government Relations Committee;
member of the Mental Retardation Medicaid Waiver Task Force,
and Quality Council; ~and, has provided extraordinary
leadership in identifying and obtaining funding for hundreds
of persons with mental retardation needing services; and, she
has worked with many advocates in the development of best
practice protocols which have been adopted statewide; and
WHEREAS, Ms. Rossi is an energetic and enthusiastic
advocate for persons with mental retardation, willing to go
the extra mile to achieve a first choice community for
individuals with disabilities; and, she has earned respect
for her tenacious advocacy and application of ethics and
values; and, has been recognized for her commitment,
dependability, and leaderiship by local and state leaders, and
is held in highest regard by her colleagues across the state;
and
WHEREAS, Ms. Rossi will be missed for her professional
role of supporting persons with mental retardation, and for
the quality and caliber of her commitment and performance to
the Mental Health, Mental Retardation and Substance Abuse
Department and to our citizens.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisprs, this 22nd day of October 2003,
publicly recognizes the gontributions of Ms. Judy A. Rossi,
and extends its appreciation for her twenty-five years of
dedicated 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. Rossi, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of chesterfield County, Virginia.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Warren presented the executed resolution to Ms. Rossi,
accompanied by her daughter and Mr. Braunstein, expressed
appreciation for her dedicated service, and wished her a long
and happy retirement.
Mr. Ramsey presented Ms. Rossi with a Jefferson Cup and
offered best wishes on her retirement.
Ms. Rossi expressed appreciation for the recognition.
03-817
10/22/03
6. WORK SESSION
0 LEGISLATION FOR THE 2004 GENERAL ASSEMBLY
Ms. Curtin reviewed legislative priorities for the 2004
General Assembly session, including protecting local revenues
as the General Assembly considers various tax restructuring
and telecommunications tax reform proposals; and protecting
the county's current cash proffer authority.
Mr. Miller requested that language be drafted to protect the
county in the area of local land use and zoning authority.
It was generally agreed, due to time constraints, the Board
forego a presentation by Ms. Curtin, and that discussion
ensue only on legislative items of particular interest to
Board members.
Mr. Miller requested that the legislative request regarding
group homes be as restrictive as possible to protect our
neighborhoods and that adjacent property owners be notified
of the intent to locate a group home.
Mr. Micas stated that, currently, neither restrictive
covenants nor zoning regulations can prohibit the location of
group homes in residential areas. He further stated staff
has drafted an amendment, which addresses the concerns
expressed by Mr. Miller, and he will provide a copy to Board
members.
Mrs. Humphrey requested that the county's concerns regarding
group homes be communicated to the Congressional delegation.
Mr. McHale stated he feels the request to sponsor legislation
to allow localities to defer incremental increases in
residential real estate taxes due to assessment increases for
qualifying taxpayers provides an opportunity to assist those
residents who are most in need.
Ms. Curtin indicated staff will evaluate the feasibility of
the proposal requested by Mr. McHale and bring back to the
Board as part of the upcoming budget process.
Mr. Barber stated the legislative request to amend the county
charter to allow for deferral of payments within residential
water or sewer assessment districts for owners 65 years of
age or older also will assist with providing tax relief for
the elderly. He stated Senator Watkins has indicated he
would support the request, and suggested that Board members
speak with individual members of the legislative delegation
in an effort to acquire universal support for the request.
Mr. Warren thanked Ms. Curtin for her efforts in drafting the
county's 2004 Legislative Program.
7. DEFERRED ITEMS
7.A. CONSIDERATION OF AN ORDINANCE TO ESTABLISH THE
~EN~LEWOOD SEWER ABSES~MENT DISTRICT" FOR 24-LOTS
IN THE ENGLEWOOD SUBDiVISION
Mr. Bryant stated the Board held a public hearing on July 23,
2003 to consider establishment of the ~Englewood Sewer
03-818
10/22/03
Assessment District" for 24-lots, and deferred consideration
until September 17, 2003, at which time the Board again
deferred the matter until this date, to discuss with members
of the General Assembly opportunities to defer payment of
assessment for people over the age of 65.
Mr. Barber stated, although the cost of sewer service can be
paid over a 20-year period at a very low interest rate, he
was still uncomfortable imposing it upon citizens who did not
want the service. He further stated, if he did not feel the
issue raised by senior !citizens on fixed income would be
addressed by the county's legislative delegation, he probably
would not recommend support of the assessment district, but
indicated that he feels Secure the issue will be addressed by
the General Assembly.
Mr. Barber then made a motion, seconded by Mr. Miller, for
the Board to adopt the following ordinance establishing the
"Englewood Sewer Assessment District":
AN ORDINANCE TO CREATE THE ENGLEWOOD
SPECIAL TAX OR ASSESSMENT SEWER DISTRICT
BE IT ORDAINED
Chesterfield County:
by the Board of Supervisors of
(1) That the EngleWood Special Tax or Assessment Sewer
District is created as follows:
Section 1. Definitions.
In the context of !this ordinance, the following words
shall have the following meaning:
District: The EngleWood Special Tax or Assessment Sewer
District.
Map of the District: The map entitled "Proposed
Englewood Sewer Assessment District" prepared by the County
Department of UtilitieS, which map is on file with the
director of utilities.
Section 2. Establis .hment
Assessment Sewer District.
of Englewood Special Tax or
Pursuant to Code of Virginia, Section 15.2-2404 et seq.,
there is hereby created in the county the Englewood Special
Tax or Assessment Sewer District. The area of the district
shall be and the same is hereby fixed within the boundaries
depicted on the map of the district.
Section 3. Constructiom of certain sewer facilities in and
adjacent to the district,
The utilities department shall cause to be constructed
in and adjacent to the district the sewer line and
appurtenant facilities depicted on the map of the district.
Section 4. Taxes or &ssessm~nts upon owners of property
located within the district.
The cost of construction of the sewer line and
appurtenant facilities located within the district shall be
apportioned among the owners of property abutting the sewer
line. The amount of the tax or assessment charged to each
such owner shall be one twenty-fourth (1/24) of the total
03-819
10/22/03
cost of the improvements constructed within the district,
including the legal, financial and other directly
attributable costs incurred by the County. The one twenty-
fourth (1/24) charge shall be assessed against each lot
located in the district. The amount finally taxed or
assessed against each landowner shall be reported to the
treasurer as soon as practicable after completion of the
sewer line and appurtenant facilities located within the
district, and the treasurer shall enter the same as provided
for other taxes.
Section 5. Inst&11ment payment of assessments.
Any person against whom an assessment provided for in
this article has been finally made shall pay the full amount
of the assessment provided for in this article, on the due
date of the first tax bill on which such assessment is shown.
In no event, however, shall any part of the assessment be due
prior to the completion of the sewer line and appurtenant
facilities constructed pursuant to this article. As an
alternative to payment as provided above, a person against
whom an assessment provided for in this article has been made
may pay such assessment in forty (40) equal semiannual
principal installments over a period of twenty (20) years,
together with simple interest on the unpaid principal balance
at an annual rate equal to the index of average yield on
United States Treasury Securities adjusted to a constant
maturity of one year as made available by the Federal Reserve
Bank on the date when this ordinance was adopted. The first
of such installments shall be due on and interest on the
unpaid principal balance shall accrue from the date on which
the full amount of the assessment would otherwise have been
due as provided above.
Section 6.
This ordinance shall not be set out in the County Code
but shall be kept on file in the office of the director of
utilities.
(2) This ordinance shall be in effect immediately upon
its adoption.
And, further, the Board appropriated $255,415 from the sewer
fund balance for the project; and set an interest rate at
1.31 percent (the current interest rate on one-year United
States Treasury Bills.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Mr. McHale, seconded by Mr. Warren, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment of members to serve on the Substance
Abuse Free Environment (SAFE) Board of Directors; Youth
Services Citizen Board; and Disability Services Board.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-820
10/22/03
8.A.1. SAFE BOARD OF DIRECTORS
On motion of Mr. Warren, seconded by Mr. Barber, the Board
simultaneously nominated/appointed the following members to
serve on the Substance Abuse Free Environment (SAFE) Board of
Directors, whose terms are effective immediately.
Name District
Expiration Date
Mr. Fred Carreras
Dr. Bancroft Greene
Ms. Lu Gay Lanier
Mr. Howard Warren, Sr.
Midlothian
Clover Hill
Matoaca
Matoaca
9/30/2006
9/30/2006
9/30/2004
9/30/2005
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.A.2. YOUTH SERVICES CITIZEN BOARD
On motion of Mr. Miller, seconded by Mr. McHale, the Board
simultaneously nominated/appointed Ms. Ruta Patel, a student
representative from the Dale District, to serve on the Youth
Services Citizen Board, whose term is effective immediately
and expires June 30, 2004.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.A.3. DISABILITY SERVICES BOARD
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
simultaneously nominated/appointed Mr. Keith Wright,
representing the Matoaca District, to serve on the Disability
Services Board, whose term is effective immediately and
expires December 31, 2005.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8 .A.~.
CONSIDERATION OF EXTENDING THE LENGTH OF TIME FOR
THE PLANNING COMMISSION TO ACT ON REQUESTS FOR
SUBSTANTIAL ACCORD
Mr. Jacobson stated the Planning Commission requested, at its
October 21, 2003 meeting, that the Board grant the Commission
up to an additional 45 days to review the substantial accord
requests for three school sites. He further stated the
Planning Commission has scheduled a public hearing for
November 10, 2003 to review the substantial accord requests,
and the 60-day deadline by law, subject to only amendment by
the Board of Supervisors, ends on November 17, 2003. He
stated the Planning Commission's regular meeting is scheduled
for November 18, 2003.
Mr. Warren inquired whether it was explained to the Planning
Commission that a delay could cause the projects to be
eliminated from consideration by the School Board.
03-821
10/22/03
Mr. Jacobson stated the Planning Commission discussed the
impact of delay upon the projects and the likelihood of
construction during the wintertime.
When asked, Mr. Jacobson stated the Planning Commission added
the item to its work session agenda, and neither Dr. Cannaday
nor Ms. Kitchen was present for the discussion.
Mr. Warren requested that Dr. Cannaday come forward and
provide details of the deadlines the School Board is facing
with the PPEA funding schedule.
Dr. Cannaday stated Ms. Cynthia Owens-Bailey was present at
the Planning Commission meeting, representing the Schools;
however, she was unaware that arrangements had not been made
for an extension of the offer between First Choice (the
offerer of the private proposal for funding the new schools)
and the Schools. He requested that the Planning Commission
and Board not delay decisions on the substantial accord
applications for the two new high school sites because the
School Board has spent nearly 18 months developing a
comprehensive plan to address growth and the high school
proposal is part of that plan; the School Board believes its
proposed plan demonstrates responsiveness to the current and
future overcrowding at Clover Hill, Manchester and Midlothian
High Schools; the PPEA proposal has options on both sites
under consideration for substantial accord approval, and
these options expire November 7, 2003, with an extension that
the offerer is willing to seek until December 7, 2003, and
willing sellers beyond this date are not guaranteed; the
School Board will need ample time to discuss and adopt
alternatives for addressing growth throughout the entire
county if changes are required that will impact the Capital
Improvement Plan; and a change in the plan for the new high
schools will impact the boundary change process currently
under way as well as other strategies.
When asked, Dr. Cannaday stated the Schools' Capital
Improvement Program, which includes the proposed two new high
schools, is scheduled for final approval by the School Board
in December 2003, as a part of the budget process. He
expressed concerns that a delay in acting upon the
substantial accord requests would impact the guarantee that
the school sites would still be available for purchase, and
the cost of the sites could increase.
Mr. Miller expressed concerns that some of the Planning
Commission members had requested information relative to the
proposed sites, but were denied the information because it
was proprietary and they were not entitled to it.
Dr. Cannaday stated the two sites approved by the School
Board were a part of the First Choice proprietor information.
He further stated, in discussions with Mr. Ramsey, it was
their understanding that when potential sites are under
consideration in a magisterial district, the Planning
Commissioners from that district would have an opportunity to
review them and raise questions if they have concerns, so
that the developer can anticipate what other challenges might
exist.
Mr. Miller stated, if the Planning Commission had access to
the information earlier, they might have been able to
03-822
Z0/22/03
accelerate the substantial accord process and the issue would
have been circumvented.
Dr. Cannaday stated the proposal is unsolicited, and land was
not already agreed to. iHe further stated this is the first
time a PPEA funding proposal has been before the Board for
consideration. He stated PPEA funding has provided an option
for the School Board to! deal with growth at an accelerated
rate. He further stated he and Mr. Ramsey received advice
from counsel that the site information could not be made
available unless the offerer made it available to others.
Mr. Ramsey stated the information was made available to the
Planning Commission in early September, indicating that some
of the Planning Commissioners declined a briefing.
Mr. Warren inquired whether the Planning Commission
recognizes the seriousness of the deadline and the impact an
extension will have on the future of the schools being built.
Dr. Cannaday stated he would have liked the opportunity to
share the information with the Planning Commission before
they made a decision to request an extension on the length of
time to act on the substantial accord requests.
Mr. Warren stated it is important that the PPEA funding
process work well because the county may want to use it again
in the future.
Discussion ensued relative to challenges that would occur if
the Planning Commission were to approve the substantial
accord request for one of the high school sites and delay the
other.
Dr. Cannaday stressed the importance of action being taken
soon to enable the School Board to revisit its Capital
Improvement Program, if necessary.
Mr. Barber stated he expressed concerns to Mr. Micas two
months ago relative to time constraints with the substantial
accord process. He further stated he was informed it would
be illegal to share proprietary information with the Planning
Commission, and he relayed that information to his Planning
Cor~ission member, Mr. iDan Gecker. He expressed concerns
that, at the next Planning Commission meeting, two of the
Co~fLissioners had been provided briefings relative to the
sites.
Discussion ensued relative to what could happen if the
Planning Commission were to deny the substantial accord
requests, and to the time schedule if an extension is not
granted.
Mr. Barber expressed concerns relative to adjusting the
current Public Facilities Plan, rather than bringing the new
plan forward, before making a determination on the
substantial accord requests. He also expressed concerns
relative to expenditure of taxpayer dollars on mistakes that
might be made if an extension is not granted to the Planning
Commission for additional time to study the substantial
accord requests.
03-823
10/22/03
Mr. Jacobson stated the Planning Commission will review a
draft Public Facilities Plan, with input from school and
county staff in the analysis, on October 27, 2003. He
further stated Planning staff is reviewing the substantial
accord applications based on the current Public Facilities
Plan adopted by the Board in 1995.
When asked, Mr. Jacobson stated staff began revising the
Public Facilities Plan approximately three-and-one-half to
four years ago; however, the Planning Commission delayed the
project until the Board adopted the Parks and Recreation
Master Plan so that the critical elements of the Parks and
Recreation Master Plan could be incorporated into the
proposed Public Facilities Plan.
Mr. Miller expressed concerns relative
issues regarding the need to accelerate
Facilities Plan.
to communication
the new Public
Mrs. Humphrey inquired about differences between the 1995
Public Facilities Plan and the proposed new plan in terms of
reviewing the substantial accord requests for two new high
school sites.
Mr. Jacobson stated the current plan suggests that high
schools should be located in areas close to where the
students live, which would indicate a site further east in
the county. He further stated other objectives, such as
providing special programs and being located in the face of
new growth to minimize the attendance boundary changes, would
indicate school sites in the western portion of the county.
When asked, Mr. Jacobson stated Planning staff's analysis is
that both of the two new proposed high school sites are in
conformance with the current adopted Public Facilities Plan.
He further stated staff's analysis under the proposed amended
Public Facilities Plan would suggest that if Clover Hill High
School is replaced with an existing high school in the
general area, a second high school should generally be
located in the more northeastern part of the county.
Dr. Cannaday stated there was no support at the community
forums held for sharing one athletic facility by both high
schools. He expressed concerns that new enrollment figures
further exacerbate capacity challenges, indicating that
regardless of the components of the proposed amended plan,
enrollment figures still suggest that the needs for Clover
Hill and overcrowding at Manchester as well as Midlothian
High Schools should be addressed through a western high
school site.
When asked, Dr. Cannaday stated the offerer has indicated he
feels he can get an extension of the options to purchase
property until December 7, 2003, but does not feel confident
with an extension beyond that date. He further stated school
staff has provided the Planning Commission with all the
information requested to act upon the substantial accord
requests in accordance with the proposed timeline.
Mr. Ramsey noted the Board of Supervisors must also hold a
public hearing to consider a resolution authorizing the
submittal of an application to the Virginia Public School
Authority (VPSA), declaring the intent of the county to
03-824
10/22/03
reimburse itself from bond proceeds, and authorizing the
issuance and sale of general obligation schools bonds to the
VPSA.
Dr. Schroeder stated he feels the School Board, Board of
Supervisors and Planning Commission all want to meet the 2006
target date for opening the new high schools. He further
stated he would like to see all three groups in concurrence,
and suggested that a joint meeting be scheduled as soon as
possible to discuss obstacles in delaying the 2006 opening.
He also suggested that Mr. Bob Mills also be present at the
joint session representing First Choice.
Mr. Barber stated he suuports Dr. Schroeder's suggestion for
a joint meeting.
Mr. Warren stated the Planning Commission has indicated it
would not have adequate time to complete its process if the
Board were to deny an extension. He further stated the Board
could call a special meeting prior to the December 7, 2003
deadline to finalize the issue.
Mrs. Humphrey suggested that the Board hold a special meeting
on December 3, 2003 and indicated that she could support
affording the Planning Commission an additional two weeks to
act upon the requests for substantial accord.
When asked, Mr. JacobsOn stated the Planning Commission's
time period to act on the substantial accord requests ends on
November 17, 2003, and any additional time granted by the
Board would be counted from that date.
Mr. McHale suggested tha~t the Board continue this discussion
at its evening session to allow time for staff to develop a
calendar of critical dates.
It was generally agreed that discussion be continued to the
evening session.
Mr. Miller excused himself from the meeting.
8.B. CONSENT ITEMS
8.B.1.
8.B.I.&.
ADOPTION OF RESO]
~TIONS
CONFII~MING PR~!EEDINGS OF THE CHESTERFIELD COUNTY
INDUSTRIAL DE~=LOPMENT AUTHORITY, WHICH CONSIDERED
TH~ APPLICATI~ OF BON SECOURS-ST. FRANCIS MEDICAL
CENTER, INCORP()RATED, WITH FACILITIES TO BE LOCATED
IN CHESTERFIE~ COUNTY, VIRGINIA, WHICH IS A
VIRGINIA NONS~K, NONPROFIT CORPORATION AND AN
ORGANIZATION D]~SCRIBED UNDER SECTION 501(C)(3)
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
RESOLUTION APPROVING .OF ISSUANCE OF BONDS BY THE
INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF
CHESTERFIELD FOR THE BENEFIT OF B0N SECOURS-ST.
FRANCIS MEDICAL CENTER, INC.
03-825
10/22/03
WHEREAS, Bon Secours-St. Francis Medical Center, Inc.
(the "Hospital"), a Virginia nonstock, nonprofit corporation
affiliated with Bon Secours Health System, Inc., a Maryland
nonstock, nonprofit corporation ("BSHSI"), has facilities
located in the County of Chesterfield, Virginia; and
WHEREAS, the Industrial Development Authority of the
County of Chesterfield (the "Authority"), on September 23,
2003, adopted an inducement resolution (the "Inducement
Resolution") wherein the Authority has agreed to issue not to
exceed $80,000,000 in aggregate principal amount, excluding
any original issue discount, of its Revenue Bonds, Series
2003 (Bon Secours-St. Francis Medical Center, Inc.) (the
"Bonds"), for the benefit of the Hospital to: (i) refund the
$61,400,000 Industrial Development Authority of the County of
Chesterfield (Virginia) Revenue Bonds, Series 2000 (Bon
Secours Health System, Inc.) (the "Prior Bonds"), (ii) pay or
reimburse the Hospital for the costs of acquiring,
constructing and equipping an acute care hospital facility
and related facilities (the "Project"), (iii) provide working
capital for the Hospital, (iv) pay a portion of the interest
on the Series 2003 Bonds and (v) pay certain costs incurred
in connection with the issuance of the Series 2003 Bonds; and
WHEREAS, the Bonds will be issued pursuant to the
Virginia Industrial Development and Revenue Bond Act, Chapter
49, Title 15.2, Code of Virginia of 1950, as amended (the
"Act"), and will be limited obligations of the Authority
payable solely from the revenues and receipts derived from
payments provided by the Hospital; and
WHEREAS, on September 23, 2003, and on October 16, 2003,
pursuant to the requirements of Section 147(f) of the
Internal Revenue Code of 1986, as amended (the "Code"), the
Authority held public hearings concerning the proposed
issuance of the Bonds; and
WHEREAS, the Authority has recommended and requested
that the Board of County Supervisors (the "Board") of
Chesterfield County, Virginia (the "County") approve the
issuance of the Bonds to comply with Section 147(f) of the
Code and Section 15.2-4906 of the Act; and
WHEREAS, copies of the following documents have been
filed with the Board: (i) the Inducement Resolution; (ii)
notice of public hearing published once a week for two
consecutive weeks; (iii) a summary of the proceedings of the
public hearing; and (iv) the fiscal impact statement of the
Hospital.
NOW, THEREFORE, BE IT RESOLVED, by
Supervisors of Chesterfield County, Virginia:
the Board of
1. The Board hereby approves the issuance of the Bonds
by the Authority for the benefit of the Hospital, to the
extent required by Section 147(f) of the Code and Section
15.2-4906 of the Act, to permit the Authority to assist in
the financing of certain medical facilities of the Hospital
and the refunding of the Series 2000 Bonds.
2. Approval of the issuance of the Bonds as required
by Section 147(f) of the Code does not constitute an
endorsement of the Bonds or the creditworthiness of the
Hospital and, as required by Section 15.2-4908 of the Act,
03-826
10/22/03
the Bonds shall provide that neither the County nor the
Authority shall be obligated to pay the Bonds or the interest
thereon or other costs incident thereto except from the
revenues and moneys pledged therefor, and neither the faith
or credit nor the taxing power of the Commonwealth of
Virginia, the County or the Authority shall be pledged
thereto.
3. The Board hereby authorizes and directs the Clerk
of the Board to forward a certified copy of this resolution
to the Authority.
4. This resolution shall take effect immediately upon
its adoption.
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Absent: Miller.
8.B.l.b.
RECOGNIZING MR. RICHARD JOSEPH CONROY, IV UPON
ATTAINING THE RANK OF EAGLE SCOUT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Richard Joseph Conroy, IV, Troop 876,
sponsored by Mount Pisgah United Methodist Church, has
accomplished those high standards of commitment and has
reached the long-sought goal of Eagle Scout, which is earned
by only four percent of those individuals entering the
Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Richie has distinguished himself as a member of a
new generation of prepared young citizens of whom we can all
be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 22nd day of October 2003,
recognizes Mr. Richard Joseph Conroy, IV, extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Absent: Miller.
03-827
10/22/03
8.B.l.d. RECOGNIZING DRUG ANDALCOHOL ABUSE TASK FORCE
~KBERMR. ART SEMON FOR HIS SERVICE
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, the Chesterfield County Drug and Alcohol Abuse
Task Force was formed to address concerns about alcohol and
drug abuse in our community and to recommend the most
effective approaches to address substance abuse issues; and
WHEREAS, the task force gathered a wealth of information
by conducting an assessment of the community's resources,
holding public hearings, commissioning a comprehensive study
of the county's substance abuse treatment system,
commissioning a comprehensive study of the county's substance
abuse prevention efforts, and interviewing middle and high
school administrators, guidance counselors and school
resource officers; and
WHEREAS, the task force has completed its work and
provided a final report and recommendations to the Board of
Supervisors; and
WHEREAS, the work of the task force could not have been
accomplished without the dedication of citizens of our
community who volunteered their time to address this
important issue; and
WHEREAS, Mr. Art Semon has served as a representative of
the Clover Hill District since 2001; and
WHEREAS, Mr. Semon has been a faithful and dedicated
member of the task force.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 22nd day of October 2003,
publicly recognizes and thanks Mr. Art Semon for his concern
for the well-being of his community and his commitment and
service on the Drug and Alcohol Abuse Task Force.
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Absent: Miller.
8.B.2. STATE ROAD ACCEPTANCE
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
03 -828
10/22/03
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the isecondary system of state highways,
pursuant to § 33.1-229, Code of Virginia, and the
Department's SubdivisionStreet Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded, to the Resident Engineer for the
Virginia Department of Transportation.
TYpe Chang~ tO the Secondary Sv~tem of State Hl(3hwsvs:
Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: ~33.1-229
Project: Stonewood Manor, Sec. 1
· Hickory Circle, State Route Number: 5605
From: Hickory Rd., (Rt. 628)
To: Cul-de-sac, a distance of: 0.02 miles.
Right-of-way record was filed on 3/1/1990 with the Office Of Clerk To Circuit Court in Pb.70; Pg. 5, with a
Hickory Branch Drive, State Route Number: 5603
Stonewood Manor Dr., (Rt. 5602)
0.17 Mi. W of Stonewood Manor Dr., (Rt. 5602), a distance of: 0.17 miles.
Right-of-way record was filed on 3/1/1990 with the Office Of Clerk To Circuit Court in Pb.70; Pg. 5, with a
width of 50 Ft.
From:
To:
Hickory Branch Drive, State Route Number: 5603
Stonewood Manor Dr., (Rt. 5602)
Old Towne Creek Dr., (Rt. 5604), a distance of: 0.19 miles.
Right-of-way record was filed on 3/1/1990 with the Office Of Clerk To Circuit Court in Pb.70; Pg. 5, with a
width of 50 Ft.
From:
To:
Hickory Branch Drive, State Route Number: 5603
Old Towne Creek Dr., (Rt. 5604)
.04 Mi. N of Old Towne Creek Dr., (Rt. 5604), a distance of: 0.04 miles.
Right-of-way record was filed on 3/1/1990 with the Office Of Clerk To Circuit Court in Pb.70; Pg. 5, with a
From:
To:
Old Towne Creek Drive, State Route Number: 5604
Hickory Branch Dr., ( Rt. 5603)
.02 Mi. E of Hickory Branch Dr., ( Rt. 5603), a distance of: 0.02 miles.
Right-of-way record was filed on 3/1/1990 with the Office of Clerk To Circuit Court in Pb.70; Pg. 5, with a
width of 50 Ft.
wtclth of 50 Ft.
·
From:
To:
03-829
10/22/03
·
From:
To:
Stonewood Manor Drive, Slate Route Number: 5602
Hickory Rd., (Rt. 628)
Hickory Branch Dr., (Rt. 5603), a distance of: 0.11 miles.
Right-of-way record was filed on 3/1/1990 with the Office Of Clerk To Cimuit Court in Pb.70; Pg. 5, with a
width of 50 Ft.
From:
To:
Stonewood Manor Drive, Slate Route Number: 5602
Hickory Branch Dr., (Rt. 5603)
0.16 Mi. N of Hickory Branch Dr., (Rt. 5603), a distance of: 0.16 miles.
Right-of-way record was filed on 3/1/1990 with the Office Of Clerk To Cimuit Court in Pb.70; Pg. 5, with a
Ayes:
Nays:
Warren, McHale, Barber and Humphrey.
None.
Absent: Miller.
8.B.3. SET DATES FOR PUBLIC HEARINOS
8.B.3.&. TO CONSIDER REVISIONS TO THE FY2004 SCHOOL CAPITAL
IMPROVEMENT FUND APPROPRIATIONS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
set the date of November 12, 2003 at 7:00 p.m. for a public
hearing to consider increasing appropriations in the School
Capital Improvements Fund by $103,894,000.
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Absent: Miller.
8.B.3.b.
TO CONSIDERADOPTION OF A RESOLUTIONWHICH
AUTHORIZES THE COUNTY AD~INISTRATOR TO SUBMIT AN
APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
(VPSA), DECLARES THE OFFICIAL INTENT OF THE COUNTY
TO REIMBURSE ITSELF FROM BOND PROCEEDS, AND
AUTHORIZES THE ISSUANCE AND SALE OF GENERAL
OBLIGATION SCHOOL BONDS TO THE VIRGINIA PUBLIC
SCHOOL AUTHORITY
On motion of Mr. McHale, seconded by Mr. Barber, the Board
set the date of November 12, 2003 at 7:00 p.m. for a public
hearing to consider adoption of a resolution authorizing the
County Administrator to submit an application to the Virginia
Public School Authority (VPSA), declaring the official intent
of the county to reimburse itself from bond proceeds, and
authorizing the issuance and sale of general obligation
school bonds to the VPSA in an aggregate principal amount not
to exceed $116,905,000.
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Absent: Miller.
03-830
10/22/03
8.B.3.c. TO CONSIDER THE RECEIPT AND APPROPRIATION OF GRANT
FUNDS FROM THE UNITED STATES DEPARTMENT OF JUSTICE
On motion of Mr. McHale, seconded by Mr. Barber, the Board
set the date of November 12, 2003 at 7:00 p.m. for a public
hearing to consider the receipt and appropriation of $771,302
in grant funds from the United States Department of Justice
to replace the command van for the Chesterfield Fire and
Emergency Medical Services (EMS) and the Police Departments
and a hazardous materials van for the Chesterfield Fire and
EMS Department.
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Absent: Miller.
8.B.4. REQUEST TO QUITC~IM PORTIONS OF SIXTEEN-FOOT WATER
EASEMENTS ACROSS THE PROPERTIES OF SELECTED
INVESTMENT HOLDINGS, L.L.C. AND KATHERMAN
INVESTMENTS, INCORPORATED
On motion of Mr. McHale, seconded by Mru Barber, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute quitclaim deeds to vacate
portions of 16-foot water easements across the properties of
Selected Investment Holdings, L.L.C. and Katherman
Investments, Incorporated. (It is noted a copy of the plat
is filed with the papers of this Board.)
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Absent: Miller.
8.B.5.
APPROVAL OF THE R~CEIPT OF GRANT FUNDS FROM THE
UNITED STATES DEPARTMENT OF JUSTICE
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the Fire and Emergency Medical Services
Department, Office of Emergency Management, to receive and
appropriate $98,578 in grant funds from the United States
Department of Justice for terrorism related equipment. (It
is noted no local match is required.)
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Absent: Miller.
8.B.6.
8.B.6.&.
TRANSFER OF DISTR~CT IMPROVEMENT FUNDS
FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE
PARKS AND RECREATION DEPARTMENT TO PURCHASE
PLAYGROUND EQUIPMENT FOR O. B. ~ATES ELEMENTARY
SCHOOL
On motion of Mr. McHale, seconded by Mr. Barber, the Board
transferred $10,000 from the Dale District Improvement Fund
to the Parks and Recreation Department to purchase playground
equipment for O. B. Gates Elementary School.
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Absent: Miller.
03-831
10/22/03
8.B.6.b. FROM T~E BERMUDA, CLOVER HILL, DALE, MATOACA, AND
MIDLOTHIAN DISTRICT I~PR~ FUNDS TO THE
CHESTERFIELD COUNTY TRIAD PRO~RAM
On motion of Mr. McHale, seconded by Mr. Barber, the Board
transferred $328 each from the Bermuda, Clover Hill, Dale,
Matoaca and Midlothian District Improvement Funds (total of
$1,640) to the Chesterfield County TRIAD Program.
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Absent: Miller.
8.B.6.c. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE
VIRGINIA STATE UNIVERSITY SCHOLARSHIP PRO~RAM
On motion of Mr. McHale, seconded by Mr. Barber, the Board
transferred $2,000 from the Matoaca District Improvement Fund
to the Virginia State University Scholarship Program.
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Absent: Miller.
9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
10. REPORTS
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
accepted the following reports:
A report on Developer Water and Sewer Contracts; and a status
report on the General Fund Balance, Reserve for Future
Capital Projects, District Improvement Funds and Lease
Purchases.
And, further, the Board accepted the following roads into the
State Secondary System:
ADDITION LENGTH
FOX FIRE, SECTION 1
Effective 9/22/03
Fox Light Parkway (Route 5534)- From 0.42 mile
west of Woolridge Road (Route 668) to Fox Marsh
Drive (Route 5549)
Fox Light Parkway (Route 5534) - From Woolridge
Road (Route 668) to 0.42 mile west of Woolridge
Road (Route 668)
Fox Light Parkway (Route 5534) - From Fox Marsh
Drive (Route 5549) to Cul-de-sac
0.08 Mi.
0.42 Mi.
0.11 Mi.
03-832
10/22/03
Fox Marsh Court (Route 5551) - From Fox Marsh
Drive (Route 5549) to Cul-de-sac
Fox Marsh Drive (Route 5549) - From Fox Marsh
Place (Route 5550) to FoX Marsh Court (Route 5551)
Fox Marsh Drive (Route 5549) - From Woolridge
Road (Route 668) to Fox Marsh Place (Route 5550)
Fox Marsh Drive (Route 55149) - From Fox Marsh
Court (Route 5551) to Cul-de-sac
Fox Marsh Place (Route 5550) - From Fox Marsh
Drive (Route 5549) to Cul-de-sac
HARROWGATE PLACE, SECTION 2; SOMERSET, SECTION 9
Effective 9/22/03
Do~wood Avenue (Route 873) - From Sandwave Road
(Route 1181) to 0.02 mile east of Sandwave Road
(Route 1181)
North Light Drive (Route 3465) - From Sandwave
Road (Route 1181) to 0.02 mile east of Sandwave
Road (Route 1181)
Sandwave Road (Route 1181) - From Tanner Slip
Circle (Route 5556) to 0.05 mile east of Tanner
Slip Circle (Route 5556)
Sandwave Road (Route 1181) - From North Light
Drive (Route 3465) to Tanner Slip Circle (Route
5556)
Sandwave Road (Route 1181) - From 0.03 mile south
of Do~wood Avenue (Route 874) and Route 3819 to
North Light Drive (Route 3465)
Tanner Slip Circle (Route 5556) - From Sandwave
Road (Route 1181) to 0.33 mile east of Sandwave
Road (Route 1181)
ST. JAMES WOODS, SECTION J
Effective 9/22/03
Lomond Drive (Route 5561) - From Nevis Drive
(Route 6069) to Cul-de-sac
Nevis Drive (Route 6069) - From Lomond Drive
(Route 5561) to Cul-de-sac
Nevis Drive (Route 6069) - From 0.21 mile east
of Explorer Drive (Route 3998) to Lomond Drive
(Route 5561)
STONEY GLEN SOUTH, SECTION 1
Effective 9/22/03
Baltustrol Avenue (Route 5393) - From Dampier
Drive (Route 5397) to 0.01 mile east of Dampier
Drive (Route 5397)
03-833
0.06 Mi.
0.08 Mi.
0.11 Mi.
0.13 Mi.
0.13 Mi.
0.02 Mi
0.02 Mi
0.05 Mi
0.03 Mi
0.03 Mi
0.33 Mi
0.15 Mi.
0.10 Mi.
0.05 Mi.
0.01 Mi.
10/22/03
Baltustrol Avenue (Route 5393) - From Branders
Bridge Road (Route 625) to Beachmere Drive
(Route 5394)
Baltustrol Avenue (Route 5393) - From Beachmere
Drive (Route 5394) to Dampier Drive (Route 5397)
Beachmere Court (Route 5395) - From Beachmere
Drive (Route 5394) to Cul-de-sac
Beachmere Drive (Route 5394) - From Beachmere
Terrace (Route 5396) to Cul-de-sac
Beachmere Drive (Route 5394) - From Beachmere
Court (Route 5395) to Beachmere Terrace (Route
5396)
Beachmere Drive (Route 5394) - From Baltustrol
Avenue (Route 5393) to Beachmere Court (Route
5395)
Beachmere Terrace (Route 5396) - From Beachmere
Drive (Route 5394) to 0.03 mile west of Beachmere
Drive (Route 5394)
Dampier Drive (Route 5397) - From Baltustrol
Avenue (Route 5393) to 0.08 mile south of
Baltustrol Avenue (Route 5393)
WARFIELD ESTATES, SECTION E
Effective 9/22/03
Warfield Estates Drive (Route 4454) - From 0.05
mile east of Warfield Estates Terrace (Route
4456) to Warfield Estates Place (Route 5376)
Warfield Estates Drive (Route 4454) - From
Warfield Estates Place (Route 5376) to Cul-de-sac
Warfield Estates Place (Route 5376) - From
Warfield Estates Drive (Route 4454) to Cul-de-sac
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Absent: Miller.
11. DINNER
On motion of Mr. Barber, seconded by Mr. McHale,
recessed to the Administration Building, Room
dinner.
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Absent: Miller.
Reconvening:
Mr. Miller returned to the meeting.
03-83¢
0.05 Mi.
0.06 Mi.
0.05 Mi.
0.23 Mi.
0.04 Mi.
0.11 Mi.
0.03 Mi.
0.08 Mi.
0.01 Mi.
0.18 Mi.
0.08 Mi.
the Board
502, for
10/22/03
12. INVOCATION
Reverend James Carey, Jr., Pastor of Bethia United Methodist
Church gave the invocation.
13.
PLEDGE OF ALLEGIANCE TO THE FLAG OF ~ UNITED STATES OF
~RICA
Retired U.S. Marine Corps Major Don Kappel led the Pledge of
Allegiance to the flag of the United States of America.
14. RESOLUTIONS AND SPECIAL RECOGNITIONS
14 .A.
RECOGNIZING 100 YEAR, S OF CONTINUOUS LIBRARY SERVICE IN
CHESTERFIELD COUNTY
Mr. Har~Ler introduced Ms. Beverly Bagan, long time member,
Bon Air Friends of the Library; Ms. Kathryn Geranios,
President, Chesterfield County Friends of the Library; Mr.
Mike Uzel, Treasurer, Chester Friends of the Library; Mr.
Mike Mabe, Library Director; Mr. Robert Wagenknecht, former
Library Director; and Ms. Carolyn Dunaway, 35-year Library
employee, who were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, public library service in Chesterfield County
was first provided by the Hazen Library in Bon Air in October
1903; and
WHEREAS, library service was also provided by the
Chester community beginning in 1935 at the Chester Library;
and
WHEREAS, the Board iof Supervisors established in 1967
the Chesterfield County Public Library to meet community
demand for quality service to all residents in all areas of
Chesterfield County; and
WHEREAS, this service is now delivered through eight
branch libraries, a central library, law library and outreach
services department; and
WHEREAS, the mission of the Chesterfield County Public
Library is to inspire, enlighten, educate and entertain by
bringing people and information services and resources
together; and
WHEREAS, the Chesterfield County Public Library is
recognized by the community as a popular and dynamic county
agency where trained professionals proactively assist
customers in identifying, evaluating and accessing
information resources essential to the process of personal
learning and self-discovery; and
WHEREAS, the Chesterfield County Public Library has been
listed two years in a row on the Hennen American Public
Library ranking system in the top ten of libraries serving
populations of 250,000 to 499,000 with a 2003 ranking of
fifth; and
03-835
10/22/03
WHEREAS, the Chesterfield County Public Library has been
a high performing public library annually circulating more
than 4 million items, answering more than 336,000 questions,
and welcoming more than 1.7 million visitors; and
WHEREAS, the Chesterfield County Public Library has
achieved this outstanding performance status due to the
energy, effort and vision of scores of skilled professionals,
paraprofessionals, clerical staff and administrators through
the years; and
WHEREAS, the Chesterfield County Public Library could
not survive without the continued support of the county
residents, the County Administrator, the Board of Supervisors
and the Friends of the Chesterfield County Public Library;
and
WHEREAS, the Chesterfield County Public Library foresees
a bright future for the next 100 years.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 22nd day of October 2003,
publicly recognizes this outstanding milestone and
achievement in Chesterfield County Government and
Chesterfield County Public Library history with
congratulations and best wishes for an outstanding second
hundred years.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. McHale presented executed resolutions to Mr. Mabe and Dr.
Wagenknecht, expressed appreciation for the exemplary service
provided by the libraries, and congratulated them on the 100tn
anniversary milestone.
Mr. Mabe expressed appreciation to the Board for its support
of library service in Chesterfield County.
i&.B. RECO~NIZIN~ PRE CON INC. FOR ITS COMMITMENT TO
EMPLOYEE HEALTH AND SAFETY
Mr. Kappel introduced Mr. Mark Wauford, Vice President; Mr.
Jeff Siffert, General Manager; and Mr. Fred Hunt, Safety
Manager of Pre Con Inc., who were present to receive the
resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Pre Con Inc. was established in 1976; and
WHEREAS, the company's Plant 3 operation manufactures
technically engineered fabrics and composites sold by Xymid,
LLC; and
WHEREAS, these fabrics are used in home furnishings,
chemical protective garments, apparel and composites; and
WHEREAS, Plant 3 employs approximately 50 people, and
has worked more than one year without an injury; and
03-836
10/22/03
WHEREAS, on July 15, 2003, the plant qualified for the
Virginia Occupational Safety and Health Safety and Health
Achievement Recognition Program (SHARP); and
WHEREAS, the SHARP program was developed by VOSH to
provide support and guidance to smaller, high-hazard
employers who work with their employees to develop, implement
and continually improve ~heir safety and health programs; and
WHEREAS, Plant 3 is one of only four companies in
Virginia to qualify for the SHARP program this year, and is
one of a select few companies in the history of the program
to achieve qualification following its initial audit; and
WHEREAS, the plant ~scored in the highest percentile of
the qualified companies in the SHARP program.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 22nd day of October 2003,
publicly recognizes Pre Con Inc. for its commitment to
employee health and safety, congratulates the company on
earning the SHARP award, and wishes Pre Con Inc. continued
success in the marketplace.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. McHale presented the executed resolution to Mr. Wauford,
accompanied by Mr. Siffert and Mr. Hunt, and commended Pre
Con Inc. for its commitment to employee health and safety.
Mr. Wauford expressed appreciation to the Board for the
recognition.
14.C. RECO~NIZIN~ MS. NANCY H. CRENSHAW ON HER NOMINATION AS
VIRGINIA TEACHER QF THE YEAR
Mr. Kappel introduced MS. Nancy Crenshaw who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Ms. Nancy H. Crenshaw is a teacher at Clover
Hill Elementary School, where she teaches music to students
in Kindergarten through fifth grade; and
WHEREAS, Ms. Crenshaw has been nominated
principal as Virginia Teacher of the Year; and
by her
WHEREAS, Ms. Crens~aw has been a teacher for 19 years,
and has been at Clover Hill Elementary School for 14 years;
and ~
WHEREAS, Ms. Crenshaw graduated from Longwood College in
1973 with a B.M.ED degree, and since that time has completed
numerous additional professional training programs; and
WHEREAS, Ms. Crenshaw has also taught music at the A.M.
Davis, Grange Hall, J. B. Watkins and Crestwood schools,
along with the Bon View Pre-School; and
03-837
10/22/03
WHEREAS, Ms. Crenshaw was Clover Hill Elementary
School's Teacher of the Year in 1995 and again in 2003; and
WHEREAS, Ms. Crenshaw is a member of the Alpha Delta
Kappa International Honorary Sorority for Women Educators;
and
WHEREAS, Ms. Crenshaw has been guided by the Chinese
Proverb that says, ~I hear, and I forget; I see, and I
remember; I do, and I understand"; and
WHEREAS, Ms. Crenshaw's commitment to music and to the
young people of Chesterfield County is exemplary; and
WHEREAS, Ms. Crenshaw has been commended by her
principal, Ms. Dianne H. Smith, for her "energy, enthusiasm
and love for the teaching profession"; and
WHEREAS, such outstanding service as an educator is
deserving of appropriate recognition.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 22nd day of October 2003,
publicly recognizes the superior service of Ms. Nancy H.
Crenshaw, congratulates her on her nomination as Virginia
Teacher of the Year, extends, on behalf of the citizens of
Chesterfield County, its appreciation for her sustained
commitment to educating our young citizens, and wishes her
continued success in all her endeavors.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Warren presented the executed resolution to Ms. Crenshaw,
accompanied by Ms. Amy Bosher, Principal of Clover Hill
Elementary School, Mr. Mike Crusco, Assistant Principal, and
Dr. Cannaday, and congratulated her on her outstanding
accomplishments.
Ms. Crenshaw stated she is honored to
Chesterfield County's Teacher of the Year.
be selected as
Ms. Bosher stated every child sings at Clover Hill High
School because of their interaction with Ms. Crenshaw.
Mr. Crusco stated it is a pleasure to work with a teacher who
truly inspires children like Ms. Crenshaw.
Dr. Cannaday stated Ms. Crenshaw represents Chesterfield's
finest, and it is a privilege to have her as a teacher in the
county.
14.D. RECOGNIZING CLOVER HILL ELEMENTARY FOR iTS OUTSTANDING
ACCOMPLISHMENTS
Mr. Kappel introduced Ms. Amy Bosher, Principal of Clover
Hill Elementary School, and Mr. Mike Crusco, Assistant
Principal, who were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
03-838
10/22/03
WHEREAS, the Blue Ribbon Schools Program was established
at the federal level in 1982 to spotlight the country's most
successful schools; and
WHEREAS; the U. S. Department of Education has
designated six Virginia public elementary schools as ~2003 No
Child Left Behind Blue Ribbon Schools"; and
WHEREAS, Clover Hill Elementary School is one of the
four Virginia schools so designated; and
WHEREAS, students from Clover Hill Elementary School
score in the top ten percent on state assessments; and
WHEREAS, the school is fully accredited under Virginia's
achievement-based accountability system; and
WHEREAS, Clover Hill Elementary School also met the
complex federal definition for Adequate Yearly Progress (AYP)
under the ~No Child Left Behind Act of 2001 (NCLB)"; and
WHEREAS, this exemplary achievement demonstrates an
extraordinary commitment to our young people by all those
associated with Clover Hill Elementary School; and
WHEREAS, such dedication and achievement are deserving
of appropriate public recognition.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 22nd day of October 2003,
publicly recognizes the outstanding achievement of Clover
Hill Elementary School in being named a Blue Ribbon School,
commends all those involved in accomplishing this noteworthy
achievement for their work on behalf of our county's young
people, and wishes Clover Hill Elementary School continued
success as it helps to prepare our young citizens for their
role in the future of our county, state and nation.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Warren presented the executed resolution to Ms. Bosher,
accompanied by Mr. Crusco and MSo Nancy Crenshaw,
congratulated Clover Hill Elementary on its tremendous
accomplishments, and wished the faculty and students future
success.
Ms. Bosher expressed appreciation to the Board for the
recognition, on behalf of the staff, teachers, students and
parents, and also expressed appreciation to former principal
Ms. Dianne Smith for her efforts in achieving this
accomplishment.
15.
REQUESTS FOR MOBILEHOME PEI~MITS AND REZONIN~ PLACED ON
THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER~
- WITHDRAWALS/DEFERI~ALS - CASES WHERE THE APPLICANT
ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION
- CASES WHERE THE APPLICANT DOES NOT ACCEPT THE
RECO~ENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE
HEARD AT SECTION 17
03SN0315
In Clover Hill Magisterial District, WILLIAM SOWERS requests
rezoning and amendment of zoning district map from
Agricultural (A) to Light Industrial (I-l) with Conditional
03-839
10/22/03
Use to permit outside storage. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for light industrial use. This request lies on
35.6 acres fronting approximately 550 feet on the south line
of Genito Road, approximately 600 feet east of Warbro Road
and also fronting approximately 1,900 feet on the east line
of Warbro Road, approximately 1,700 feet south of Genito
Road. Tax IDs 736-686-8635 and 736-687-8633 (Sheet 10).
Mr. Jacobson stated Mr. Warren has requested deferral of Case
03SN0315 until November 25, 2003.
Ms. Kristen Keatley, representing the applicant, stated the
deferral is acceptable.
Mr. Warren called for public comment.
Mrs. G. M. Jordan, a resident of Duck River Road, stated she
supports the deferral because it will give residents of Plum
Creek, South Ridge and Beaver Point an opportunity to receive
additional information regarding the proposed development.
No one else came forward to speak to the deferral.
Mr. Warren made a motion, seconded by Mr. Miller, for the
Board to defer Case 03SN0315 until November 25, 2003.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Warren requested that Mr. Jacobson arrange a meeting for
the applicant and staff to discuss the proposed development
with the residents of Plum Creek and the other neighborhoods
mentioned by Mrs. Jordan.
0~8R0126
In Bermuda Magisterial District, CATHERINE S. SHUMAKER
requests renewal of manufactured home permit 96SR0103 to park
a manufactured home in a Residential (R-7) District. The
density of this proposal is approximately ten (10) units per
acre. The Comprehensive Plan suggests the property is
appropriate for residential use of 2.51 - 4 units per acre.
This property is known as 10041 Beaumont Avenue. Tax ID 793-
666-2806 (Sheet 18).
Mr. Jacobson presented a summary of Case 04SR0126 and stated
staff recommends approval subject to conditions.
Ms. Catherine Shumaker stated the
acceptable.
recommendation is
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved Case 04SR0126 for seven years subject to the
following conditions:
The applicant shall be the owner and occupant of the
manufactured home.
03-840
10/22/03
Manufactured home permit shall be granted for a period
not to exceed seven (7) years from date of approval.
No lot or parcel may be rented or leased for use as a
manufactured home site nor shall any manufactured home
be used for rental property.
o
No additional permanent-type living space may be added
onto a manufactured home. All manufactured homes shall
be skirted but shall not be placed on a permanent
foundation.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03SNO31g
In Dale Magisterial District, BTC PARTNERS requests amendment
to Conditional Use Planned Development (Case 82S096) and
amendment of zoning district map relative to building
materials, architectural treatment and occupancy permits in a
Residential Townhouse (R-TH) District. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for medium density residential use of
1.51 to 4.0 units per acre. This request lies on 16.8 acres
fronting approximately 25 feet on the west line of Courthouse
Road, approximately 1,300 feet north of Harley Drive. Tax
IDs 748-684-Part of 6404 and 749-684-0431 and 4251 (Sheet
10) .
Mr. Jacobson presented a summary of Case 03SN0314 and stated
the Planning Commission recommended approval subject to the
condition and acceptance of the proffered condition.
Mr. Pat Lamberti, accompanied by Mr. Anthony Bertozzi,
representing the applicant, stated the Planning Commission's
recommendation is acceptable.
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board
approved Case 03SN0314 subject to the following condition:
Ail public roads shall have a pavement width not less than
forty (40) feet, face of curb to face of curb. These roads
shall be constructed to Virginia Department of Highways and
Transportation's specifications and taken into the State
system. (EE)
(NOTE: This condition supersedes Condition 6 of Case
82S096.)
And, further,
condition:
the Board accepted the following proffered
The exterior treatment of all dwelling units shall be limited
to cedar siding, hardboard siding, vinyl siding, Hardy Plank
siding or brick, or a combination of such materials. At the
03-841
10/22/03
time of tentative subdivision plan review, alternative
exterior treatments of equal or improved quality and
durability, as determined by the Planning Commission, may be
substituted provided such materials do not substantively
alter the original design, character or appearance of the
dwelling units. (P)
(NOTE: This proffered condition
Condition 6 of Case 82S096.)
supersedes
Proffered
(NOTE: With the exception of Condition 6 and Proffered
Condition 6 which are amended herein, and the deletion of
Proffered Condition 3, all previous conditions and proffered
conditions of Case 82S096 shall remain in effect.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mrs. Humphrey expressed sympathy to Mr. Bertozzi on the
recent death of his father.
04SN0108
In Matoaca Magisterial District, THE CHESDIN COMPANY, L.L.C.
AND FIVE FORKS CORPORATION request rezoning and amendment of
zoning district map from Agricultural (A) and Residential (R-
25) to Residential (R-88) with Conditional Use to allow
private recreational facilities on 5.0 acres of the 468.5
acre site. Residential use of up to 0.5 unit per acre is
permitted in a Residential (R-88) District. The
Comprehensive Plan suggests the property is appropriate for
residential use on 1-5 acre lots, suited to R-88 zoning.
This request lies on 468.5 acres fronting approximately 700
feet on the south line of Ivey Mill Road, approximately 400
feet east of Chesdin Landing Drive. Tax IDs 741-625-Part of
0241; 741-627-1721; 742-624-9671; and 745-622-Part of 6373
(Sheet 39).
Mr. Jacobson presented a summary of Case 04SN0108 and stated
the Planning Commission and staff recommends approval and
acceptance of the proffered conditions. He noted the request
conforms to the Southern and Western Area Plan.
Ms. Ashley Harwell, representing the applicant, stated the
recommendation is acceptable.
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
approved Case 04SN0108 and accepted the following proffered
conditions:
The Applicants (the "Applicants") in this zoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County,
for themselves and their successors or assigns, proffers that
the development of the property known as Chesterfield County
Tax Identification Numbers 741-625-0241 (part), 741-627-1721,
742-624-9671 and 745-622-6373 (part) (the "Property") under
consideration will be developed according to the following
03-842
10/22/03
conditions if, and only if, the rezoning request for R-88
with Conditional Use if granted. In the event the request is
denied or approved with conditions not agreed to by the
Applicants, the proffers and conditions shall immediately be
null and void and of no further force or effect. If the
zoning is granted, these proffers and conditions will
supersede all proffers and conditions now existing on the
Property.
Timbering. With the exception of timbering which has
been approved by the Virginia State Department of
Forestry for the purpose of removing dead or diseased
trees, there shall be no timbering on the Property until
a land disturbance permit has been obtained from the
Environmental Engineering Department. (EE)
Number of Lots. No more than 149 single family~
residential lots shall be developed on the Property.
(p)
o
Manufactured Homes. Manufactured homes shall not be
permitted on the Property. (P)
Covenant Regarding Manufactured Homes. The following
shall be recorded as restrictive covenants in
conjunction with recordation of any subdivision plat for
the Property: UNo manufactured homes shall be allowed
to become a residence, temporary or permanent." (P)
o
Cash Proffer. For each single family residential
dwelling unit developed on Tax IDs 741-625-0241 (part),
741-627-1721 and 742-624-9671, and for each single
family dwelling unit developed in excess of 20 on or
bisected by the southern (and/or) western boundary of
Tax ID 745-622-6373 (part), the applicant, subdivider,
or assignee(s) shall pay $9,000.00 per unit to the
County of Chesterfield, prior to the time of issuance of
a building permit, for infrastructure improvements
within the service district for the Property if paid
prior to July 1, 2003. Thereafter, such payment shall
be the amount approved by the Board of Supervisors not
to exceed $9,000.00 per unit as adjusted upward by any
increase in the Marshall and Swift Building Cost Index
between July 1, 2002 and July 1 of the fiscal year in
which the payment is made if paid after June 30, 2003.
If any of the cash proffers are not expended for the
purposes designated by the Capital Improvement Program
within fifteen (15) years from the date of payment, they
shall be returned in full to tlhe payor. 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)
Dedication of Right-of-Way. In conjunction with
recordation of the initial subdivision plat, thirty-five
(35) feet of right-of-way along the south side of Ivey
Mill Road, measured from the centerline of that part of
Ivey Mill Road immediately adjacent to the Property,
shall be dedicated, free and unrestricted, to and for
the benefit of Chesterfield County. (T)
03-843
10/22/03
10.
Access. Direct access from the Property to Ivey Mill
Road shall be limited to no more than one (1) public
road. The exact location of this access shall be
approved by the Transportation Department. (T)
Road Improvements. To provide an adequate roadway
system, the developer shall be responsible for the
following improvements:
a. If direct access is provided to the Property from
Ivey Mill Road, construction of additional pavement
along Ivey Mill Road at the approved access to
provide left and right turn lanes, based on
Transportation Department standards.
b. Dedication to and for the benefit of Chesterfield
County, free and unrestricted, of any additional
right-of-way (or easements) required for the
improvements identified above. (T)
Phasing Plan. Prior to any construction plan approval,
a phasing plan for the required road improvements, as
identified in Proffered Condition 8, shall be submitted
to and approved by the Transportation Department. (T)
Private Recreation Facilities. Private recreation
facilities shall be permitted on up to five (5) acres
within the Property, subject to the following
requirements:
Development of private recreational facilities on
the Property shall be limited to indoor/outdoor
recreational uses only such as club houses, a
private boat launch facility, swimming pools,
tennis or other court facilities, playfield and
associated recreational facilities.
A fifty (50) foot buffer shall be provided along
the non-waterfront perimeter of all active
recreational facilities, including but not limited
to boat launches, except where adjacent to any
existing or proposed road. This buffer shall
conform to the requirements of the Zoning Ordinance
for fifty (50) foot buffers.
Boat launches, outdoor playfields, courts, swimming
pools and similar active recreational areas shall
be set back a minimum of 100 feet from any proposed
or existing single family residential lot line and
a minimum of fifty (50) feet from any existing or
proposed public road. Nothing herein shall prevent
the development of any indoor facilities and/or
parking within the 100 foot setback. (P)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
It was generally agreed that the Board would continue its
discussion on the following item at this time:
8.A.4. CONSIDERATION OF EXTENDING THE LENGTH OF TIME FOR
PLANNING C0~MISSION TO ACT ON REQUESTS FOR
~U~STANTIAL ACCORD
Mr. Ramsey provided details of the proposed approval schedule
for the new school contract. He stated staff recommends that
03-844
10/22/03
the Board hold its public hearing on November 12, 2003
relative to the Virginia Public School Authority issue, but
defer any action until December 3, 2003, at which time the
Board will also resolve the substantial accord issue, if
necessary. He further stated staff has suggested that the
deadline for the Planning Commission to make a decision on
the substantial accord requests be extended from November 17,
2003 until December 1, 2003.
Mr. Barber expressed concerns that there is a lot to
accomplish in a short amount of time. He stated he is not
convinced that December 7tn is the deadline for the options to
purchase the proposed school sites, and inquired how much
additional time could be used for analysis of the substantial
accord requests before the opening date of the proposed
schools would be jeopardized.
Dr. Cannaday said the proposal includes a 30-month
construction timetable, thus approval in December would
provide for school opening during the summer of 2006, if
everything goes as scheduled. He further stated delaying the
approval beyond December and the possibility of bad weather
could jeopardize opening the schools in the fall of 2006.
When asked, Dr. Cannaday stated Mr. Bob Mills has indicated
that one of the property owners is resistant to extending the
purchase option beyond December 7, 2003.
Mr. Barber stated he would prefer to give the Planning
Commission additional time to consider the substantial accord
requests, and expressed concerns that if the Planning
Commission makes a recommendation that a site is not in
substantial accord, he would probably concur with the
Planning Commission.
Mr. Miller stated he concurs with Mr. Barber, and stressed
the importance of allowing sufficient time for the Planning
Commission to consider important issues such as this. He
further stated he feels it is reasonable to grant the
Planning Commission a 30-day extension and also feels they
would consider the substantial accord requests at an
accelerated rate. He stated, he does not feel a problem would
exist in extending the purchase option beyond December 7,
2003, if necessary.
Discussion ensued relative to the possibility of an increase
in the cost of the property if the option had to be extended
beyond December 7tn
Mrs. Humphrey stated the objective of the PPEA funding was to
lower the cost of school construction as well as provide for
new schools at an accelerated rate. She further stated the
Planning Commission's request for a 45-day extension
interrupts the entire process, and ultimately could result in
increased costs.
Mr. McHale expressed concerns that the PPEA process has been
rushed, and he feels the issue should have received public
input through a referendum. He stated he does not like the
timeline presented by staff because he feels the process is
being rushed; however, he feels the proposal deserves a vote
prior to the option expiring based on the best information
available.
03-845
10/22/03
Mrs. Humphrey made a motion, seconded by Mr. Warren, for the
Board to extend the length of time that the Planning
Commission has to act on Substantial Accord requests for
three school sites (Cases 04PD0158, 04PD0163 and 04PD0188)
until December 1, 2003, according to the Proposed Approval
Schedule for New School Contract developed by staff.
Mr. Warren seconded Mrs. Humphrey's motion. He noted
circumstances could arise that might necessitate a change in
the proposed schedule.
Mr. Barber offered an amendment to the motion to request that
school staff seek an extension of the options for purchasing
the proposed school sites.
Both Mrs. Humphrey and Mr. Warren accepted the amendment
offered by Mr. Barber.
Mr. McHale stated he spoke with Mr. Phil Cunningham, Bermuda
District Planning Commissioner during the Board's dinner
break, and was assured that Mr. Cunningham thought is was
possible for the Planning Commission to act upon the
substantial accord requests by early December.
Mr. Miller stated he spoke with Mr. Sherman Litton, Dale
District Planning Commissioner, who indicated he feels the
Commission would need additional time beyond December 1st.
Mr. Warren called for a vote on the motion of Mrs. Humphrey,
seconded by Mr. Warren, for the Board to extend the length of
time that the Planning Commission has to act on Substantial
Accord requests for three school sites (Cases 04PD0158,
04PD0163 and 04PD0188) until December 1, 2003, according to
the Proposed Approval Schedule for New School Contract
developed by staff.
And, further, the Board requested that school staff seek an
extension of the options for purchasing the proposed school
sites.
Ayes: Barber, Humphrey, McHale, Warren
Nays: Miller
Mr. Warren requested that Mr. Ramsey and Dr. Cannaday arrange
for a joint meeting between members of the School Board,
Planning Commission and Board of Supervisors, as suggested by
Dr. Schroeder, to discuss the PPEA process and the objective
of building the proposed schools within an acceptable
timeframe.
16. PUBLIC HEARINGS
0 TO CONSIDER RE-ADOPTION OF APPROPRIATION AND TRANSFER OF
FUNDS FOR THE NEIGHBORHOOD DEBRIS PICK-UP PROGRAM USIN~
GRUBBS EMERGENCY SERVICES, L.L.C.
Mr. Stegmaier stated this date and time has been advertised
for a public hearing to consider re-adoption of the
appropriation and transfer of funds for the neighborhood
debris pick-up program using Grubbs Emergency Services,
L.L.C.
03-846
10/22/03
Mr. Warren called for public comment.
No one came forward to speak to the issue.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
re-adopted appropriation of the following funds for the
neighborhood debris pick-up program using Grubbs Emergency
Services, L.L.C.: $3,000,000 in reimbursement from FEMA (75
percent of the cost); and $500,000 from the Risk Management
Fund.
And, further, the Board re-adopted the transfer of $1,000,000
from the reserve for future capital improvement projects to
the neighborhood debris pick-up program.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS
038N0246
In Midlothian Magisterial District, WAL-MART STORES EAST,
L.P. requests rezoning and amendment of zoning district map
from Agricultural (A), Corporate Office (0-2) and Community
Business (C-3) to Community Business (C-3) and Light
Industrial (I-l) with Conditional Use Planned Development to
permit exceptions to Ordinance requirements. The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for suburban commercial use, planned
transition area and medium density residential use of 1.51 to
4.0 units per acre. This request lies on 56.9 acres fronting
in two (2) places for approximately 1,000 feet on the north
line of Midlothian Turnpike west of Walmart Way, fronting the
east line of Walmart Way approximately 430 feet north of
Midlothian Turnpike, also fronting approximately 1,750 feet
on the south line of 01d Buckingham Road approximately 300
feet west of 01de Coalmine Road. Tax IDs 734-709-6871, 8509
and 8833; 735-708-1144; 735-709-0665; 735-710-0007, 3714 and
7620; and 736-708-Part of 1856 (Sheet 6).
Ms. Rogers presented a ~summary of Case 03SN0246 and stated
additional modifications have been received to Proffered
Conditions 1 and 2, which will further restrict the uses
permitted in both the I-1 and C-3 districts. She further
stated Proffered Conditions 9 and 12 have also been amended
to increase the width of the tree preservation strip along
Old Buckingham Road from 30 to 40 feet, and to address
phasing of a proposed internal loop roadway. She stated
staff recommended denial because the proposed zoning and land
use do not conform with the Midlothian Area Community Plan
and the Northern Area Plan which suggest that the northern
and eastern portions of the property are appropriate for
residential development, while the western portion of the
property is appropriate for office, medium density housing,
personal services and community facilities. She further
stated that both staff and the Planning Commission have
agreed that this case, coupled with the pending Cases
03SN0284 (Poseidon Swimming) and 03SN0315 (William Sowers),
accomplishes appropriate land use transition while zoning and
03-847
10/22/03
planning for the development of most of the remaining vacant
property lying between Route 60 and Old Buckingham Road. She
stated the Planning Commission recommended approval and
acceptance of the proffered conditions, indicating that the
proposal would minimize the traffic impact on Old Buckingham
Road by providing an internal road network system which
accesses Route 60. She further stated staff recommends, if
the Board wishes to approve the proposal, additional
buffering should be provided adjacent to Old Buckingham Road
in the residential development to the north as well as the
agricultural property to the east.
Mr. Ed Kidd, representing the applicant, stated the applicant
has worked with community groups and individual citizens to
address their concerns, and the Midlothian Development
Committee, Village of Midlothian Volunteer Coalition and the
majority of area residents now support the proposed
development. He further stated the proffered conditions
address the impact of the proposed development, and approval
of the request will provide improved and expanded services to
the community. He stated the expanded scope of the request,
together with the Sowers and Poseidon cases, is consistent
with good planning, and indicated that the Planning
Commission's recommendation is acceptable.
Mr. Warren called for public comment.
Mr. Paul Germain, a resident of Old Buckingham Road,
expressed concerns that the proposed development will
dramatically change the character of the historic road,
indicating that he feels the proposed buffer should be
increased.
Ms. Elizabeth Arnold, a resident of Old Buckingham Road,
stated she has no problem with the proposed Wal-Mart
expansion, but would like to see the buffer increased.
Mr. Gordon Meyer, member of the Village of Midlothian
Volunteer Coalition and Chairman of the Midlothian
Development Committee, commended the applicant, staff and Mr.
Barber for addressing the residents' concerns, and requested
that the Board support the proposed development.
Ms. Amy Satterfield, representing the Midlothian Development
Committee, stated many potential uses have been removed from
the proffered conditions, and indicated she supports the
proposed development.
Mr. Peppy Jones stated he supports the proposed development.
Mr. Joe Boisineau, representing the Old Coache Village Civic
Association, stated he supports the proposed development.
There being no one else to speak to the request, the public
hearing was closed.
On motion of Mr. Barber, seconded by Mr. Warren, the Board
suspended its rules at this time to allow for the amended
proffered conditions.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-848
10/22/03
Mr. Barber inquired whether the cash proffer would address
needs such as a traffic signal or increased vegetation on Old
Buckingham Road.
Ms. Rogers stated the cash proffer must be used for property
lying within the boundaries of the Midlothian Area Co~tunity
Plan, and the Old Buckingham Road area is not within the
boundaries.
Mr. Barber inquired about the possibility of incorporating
Old Buckingham Road into the Midlothian Area Community Plan
as part of the Northern Area Plan study.
Mr. Jacobson stated staff has been considering boundary
changes in the Midlothian area; however, these changes would
move the boundary farther from Old Buckingham Road.
Mr. Barber stated it is a possibility that after the road
expansion, increased vegetation could be provided for Old
Buckingham Road through community enhancement funds or other
sources.
Mr. Barber then made a motion, seconded by Mr. Warren, for
the Board to approve Case 03SN0246 and accept the proffered
conditions.
Mr. McHale stated he is employed by Dominion Resources, and
there is an existing power substation on the subject property
owned and operated by another subsidiary. He further stated
Mr. Micas has informed him this does not represent a conflict
of interest and he is legally permitted to vote on this
request.
Mr. Warren called for the vote on the motion of Mr. Barber,
seconded by Mr. Warren, for the Board to approve Case
03SN0246 and accept the following proffered conditions:
The Owners and the Developer, pursuant to Section 15.2-2298
of the Code of Virginia (1950 as amended) and the Zoning
Ordinance of Chesterfield County (the "Zoning Ordinance"),
for themselves and their successors or assigns, proffer that
the development of the !property designated as Chesterfield
County Tax IDs 735-708-1144, 734-709-8509, 734-709-8833, 734-
709-6871, 736-708-1856 (part), 735-710-0007, 735-709-0665,
735-710-3714 and 735-710-7620 containing a total of 56.9
acres (the ~Property") consisting of (i) 5.4 acres shown on
the drawing prepared by Koontz-Bryant, P.C., dated August 25,
2003, entitled "Zoning Exhibit A" (~Zoning Exhibit A") as
~Sam's Club Property" (the ~Sam's Club Property"), (ii) 26.5
acres shown on Zoning Exhibit A as ~Wal-Mart Property" (the
"Wal-Mart Property"), (iii) 11.9 acres shown on Zoning
Exhibit A as ~Office/Service Property" (the ~Office/Service
Property") and (iv) 13.1 acres shown on Zoning Exhibit A as
~Stigall Property" (the "Stigall Property") under
consideration will be developed according to the following
proffered conditions if, and only if, the request for
rezoning of the Property for retail and industrial uses is
granted. In the event the request is denied or approved with
conditions not agreed to by the Developer, the proffered
conditions shall be immediately be null and void and of no
further force or effect. If the zoning is granted, these
proffered conditions will. supersede all proffers and
conditions now applicable to the Property.
03-849
10/22/03
Uses. No portion of the Wal-Mart Property or the Sam's
Club Property shall be used for any of the following:
(a) Cocktail lounges and nightclubs
(b) Hospitals
(c) Hotels
(d) Flea markets
(e) Free-standing fast food restaurants.
(f) Any use with drive-in or drive-through facilities.
(g) Servicing of motor vehicles (including tires and
lubrication); provided, however, this proffer shall
not prohibit a gasoline fueling and car wash
facility on the Sam's Club Property.
(h) Coin operated dry cleaning, laundry and
Laundromats.
(i) Park and ride lots.
(j) Secondhand and consignment stores.
(k) Commercial kennels.
(1) Residential multifamily and townhouses.
(m) Outside storage of construction
equipment/materials.
(n) Continuous outside display of merchandise for sale
pursuant to Section 19-159(i) of the Zoning
Ordinance other than within or within 100 feet of a
garden center and limited to products related to
the garden center operation.
(o) Outside runs for veterinary hospitals.
(p) Massage clinics except when located within a health
club, tanning salon or similar facility.
(q) Cigarette outlet store which shall mean a store
where the primary product offered for sale is
cigarettes in bulk on a discounted basis.
(r) Motor vehicle sales or rentals. (P)
Uses. No portion of the Office/Service Property or the
Stigall Property shall be used for any of the following:
(a) Bakery products manufacturing.
(b) Paper recycling.
(c) Umbrellas, parasols and canes manufacturing.
(d) Converting paper to paperboard products, paperboard
containers and boxes.
(e) Dry cleaning plants.
(f) Fur dressing and dyeing.
(g) Linoleum, ashphalt-feltbase and other hard surface
floor cover manufacturing.
(h) Park and ride lots.
(i) Rectifying and blending liquors.
(j) Rental of heavy construction machinery.
(k) Wine, brandy and brandy spirits manufacturing.
(1) Moving companies containing more than 15,000 gross
square feet of building area.
(m) Cold storage facilities containing more than 15,000
gross square feet of building area.
(n) Coating, engraving and allied services facilities
containing more than 15,000 gross square feet of
building area. (P)
Architecture. In the event the existing building
located on the Wal-Mart Property is expanded, the
exterior architectural design for the building shall be
generally consistent with the architectural elevations
03-850
10/22/03
o
dated June 17, 2003, prepared
entitled ~Midlothian, Virginia,
#1969 (the ~Architectural Plans").
by PBA Architects,
Supercenter Expansion
(p)
Building Heights.
(a)
Buildings on the Office/Service Property shall have
a maximum of one (1) story and shall not exceed
twenty five (25) feet in height.
(b)
Buildings on the Stigall Property shall have a
maximum of two (2) stories and shall not exceed
thirty (30) feet in height. (P)
Building and Parking Area Locations. Buildings and
parking areas on the Property shall be subject to the
following limitations:
(a)
No building on the Wal-Mart Property shall extend
north of the area shown on Zoning Exhibit A as
~'Permitted Building Area" which area extends five
hundred fifty (550) feet north of the right of way
of U.S. Route 60.
(b)
No building, parking or driveways shall extend west
of the line shown on Zoning Exhibit A as "Building,
Parking and Driveway Setback", which line is
further defined by metes and bounds on the plat
dated July 16, 2003, prepared by Koontz-Bryant,
P.C., entitled ~Compiled Plat Showing A Proposed
Building, Parking and Driveway Setback On A Parcel
Of Land Lying! On The North Line Of Midlothian
Turnpike, U.S. Route 60". (P)
Upgrade of Site Lighting. In the event the existing
building located on the Wal-Mart Property is expanded by
more than 20,000 square feet of building area, (i) site
lighting, including poles and fixtures, shall be
modified to conform iwith the then applicable development
conditions as set forth in the Zoning Ordinance, which
modifications shall be completed prior to the issuance
of an occupancy permit for the expanded building area
and (ii) any building mounted lighting shall be limited
to "wall pack" light fixtures. (P)
Cleaning of Parking Lots. Routine parking lot cleaning
activities shall be limited to the hours between 6:00
a.m. and 8:00 p.m., !Monday through Saturday. (P)
Landscaping.
(a) The western boundary of the Wal-Mart Property shall
be landscaped!, including the installation of
fencing, in a manner which is generally consistent
with the plan dated July 22, 2003, prepared by
Koontz-Bryant, P.C., entitled ~Wal-Mart Expansion
1969-02, Western Boundary Conceptual Landscape
Plan" (the "Western Boundary Landscape Plan").
Adjustments to the Western Boundary Landscape Plan,
including adjustments for conflicts with utilities,
may be made in conjunction with site plan review,
provided that no such modification shall materially
alter or reduce the overall effect provided by the
03-851
10/22/03
Western Boundary Landscape Plan. In the event
parking serving the Wal-Mart Property extends onto
the Office/Service Property, the western boundary
of such parking area shall be landscaped in a
manner consistent with the landscaping shown on the
Western Boundary Landscape Plan adjacent to the
parking areas on the northern portion of the Wal-
Mart Property. If acceptable to the holder of the
electric transmission easement crossing the
property, a variety of evergreen trees shall be
substituted for the wax myrtles shown on the
Western Boundary Landscape Plan within the area of
the transmission easement.
(b)
The southern boundary of the Wal-Mart Property
shall be landscaped in a manner which is generally
consistent with the plan dated July 22, 2003,
prepared by Koontz-Bryant, P.C., entitled "Wal-Mart
Expansion 1969-02, Route 60 Boundary Conceptual
Landscape Plan" (the ~Route 60 Boundary Landscape
Plan"). Adjustments to the Route 60 Boundary
Landscape Plan, including adjustments for conflicts
with utilities, may be made in conjunction with
site plan review, provided that no such
modification shall materially alter or reduce the
overall effect provided by the Route 60 Boundary
Landscape Plan.
(c)
The eastern boundary of the Wal-Mart Property shall
be landscaped in a manner which is generally
consistent with the plan dated July 22, 2003,
prepared by Koontz-Bryant, P.C., entitled ~Wal-Mart
Expansion 1969-02, Eastern Boundary Conceptual
Landscape Plan" (the "Eastern Boundary Landscape
Plan"); provided, however, Zelcova trees shall be
substituted for the Bradford celery pear trees
shown on the Eastern Boundary Landscape Plan.
Adjustments to the Eastern Boundary Landscape Plan,
including adjustments for conflicts with utilities,
may be made in conjunction with site plan review
provided that no such modification shall materially
alter or reduce the overall effect provided by the
Eastern Boundary Landscape Plan. (P)
Tree Preservation.
(a) No trees with a caliper of greater than four (4)
inches shall be removed from any of the areas shown
on the Western Boundary Landscape Plan as "Tree
Preservation Area" or within applicable building
and parking setbacks along the western boundary of
the Office/Service Property adjacent to Falling
Creek; provided, however, this proffer shall not
restrict the removal of dead or diseased materials
or as may be required for the extension of
utilities provided that such utility extensions
shall occur generally perpendicular through the
tree preservation area.
(b)
No trees shall be removed from the forty (40) foot
wide area measured from (i) the existing boundary
of the Office/Service Property adjacent to Old
Buckingham Road and (ii) the ultimate right of way
03-852
10/22/03
10.
11.
for 01d Buckingham Road adjacent to the Stigall
Property as described in proffer 12(b); provided,
however, this proffer shall not restrict (A) the
removal of dead or diseased materials or as may be
required for the extension of utilities provided
that such utility extensions shall occur generally
perpendicular through the tree preservation area,
(B) the removal of noxious vegetation (e.g. scrub
brush) as approved by the Planning Department or
(C) the removal of trees with a caliper of less
than four (4) inches, other than as provided in (A)
and (B) above, pursuant to a plan which may be
submitted and approved in connection with site plan
review which plan provides for the substitution of
additional landscaping for any trees to be removed.
(P)
Water and Wastewater. Public water and wastewater
systems shall be used. (U)
Timbering. Except for timbering approved by the
Virginia State Deparitment of Forestry for the purpose of
removing dead or disieased trees, there shall be no
timbering on the Property until a land disturbance
permit has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. (EE)
12. Transportation.
(a)
Access to Old Buckingham Road. There shall be no
direct access to or from the Property to Old
Buckingham Road.
(b)
Right of Way for Old Buckingham Road. Prior to the
issuance of any building permit for the Stigall
Property, thirty-five (35) feet of right of way on
the south side of Old Buckingham Road, measured
from the centerline of that part of Old Buckingham
Road immediately adjacent to the Stigall Property
shall be dediicated, free and unrestricted (but
subject to recorded easements), to and for the
benefit of CheSterfield County.
(c)
Access Road tO Office/Service Property, Wal-Mart
Property and Stigall Property.
(i)
Prior to any final site plan approval for any
development on the Office/Service Property,
the Wal-Mart Property or the Stigall Property,
a fifty (50) foot wide right of way for a
special aCcess street pursuant to Section 19-
505(b) of the Zoning Ordinance extending from
the existing terminus of WalMart Way shown
conceptually as ~Point A" on Zoning Exhibit A
("Point A#) to the western boundary of Tax ID
736-709-3667 shown conceptually as ~Point C"
on Zoning Exhibit A (~Point C"), including
right of way across the parcel identified as
Tax ID 735-709-5944, as applicable, all as
shown conceptually on Zoning Exhibit A (the
"Western Special Access Street"), shall be
dedicated, free and unrestricted, to and for
03-853
10/22/03
the benefit of Chesterfield County. The exact
location of the Western Special Access Street
shall be approved by the Transportation
Department. (Note: This proffer shall not
require bonding of construction prior to the
time construction is required pursuant to the
remaining sections of this proffer.)
(ii) Prior to issuance of the initial occupancy
permit for any development on the
Office/Service Property or the Stigall
Property, other than as part of the parking
area for the Wal-Mart Property as identified
in the Textual Statement, at least 600 linear
feet of the Western Special Access Street
shall be constructed as a two (2) lane road
and approved for State acceptance, as
determined by the Transportation Department.
The developer shall dedicate any additional
right of way (or easements) required for this
improvement (e.g. slope easements or temporary
cul-de-sac), free and unrestricted, to and for
the benefit of Chesterfield County.
(iii)Prior to the first to occur of (A) issuance of
occupancy permits for more than 45,000 square
feet of buildings on the Office/Service
Property and the Stigall Property, calculated
on a cumulative basis, or (B) issuance of
occupancy permits for any building constructed
on the Office/Service Property or the Stigall
Property subsequent to approval of site plans
for more than seven and one half (7.5) acres
of the Office/Service Property and the Stigall
Property, calculated on a cumulative basis, a
total of at least 1,200 linear feet of the
Western Special Access Street shall be
constructed as a two (2) lane road and
approved for State acceptance, as determined
by the Transportation Department ("Phase II").
The developer shall dedicate any additional
right of way (or easements) required for this
improvement (e.g. slope easements or temporary
cul-de-sac), free and unrestricted, to and for
the benefit of Chesterfield County.
(iv) Prior to approval of any site plan for which
construction of Phase II of the Western
Special Access Street is required, a bond
shall be provided to the County to assure
completion of the rem~inin~ portion(s) of the
Western Special Access Street necessary to
extend the roadway from Point A to Point C
(the ~Road Construction Bond"). The Road
Construction Bond shall be in an amount
approved by the Transportation Department and
may be reduced upon completion of each phase
of construction of the Western Special Access
Street as determined by the Transportation
Department.
(v)
Prior to the first to occur of (A) issuance of
occupancy permits for either more than 90,000
03-854
10/22/03
(d)
(e)
square feet of buildings on the Office/Service
Property and the Stigall Property, calculated
on a cumulative basis, or (B) issuance of
occupancy permits for any building constructed
on the Office/Service Property or the Stigall
Property subsequent to approval of site plans
for more than fifteen (15) acres of the
Office/SerVice Property and the Stigall
Property, calculated on a cumulative basis, or
(C) five i (5) years from the date of the
initial delivery of the Road Construction Bond
to the County, the entire Western Special
Access Street from Point A to Point C shall be
constructed as a two (2) lane road and
approved for State acceptance, as determined
by the ~Transportation Department. The
developer ishall dedicate any additional right
of way (or easements) required for this
improvemen!t (e.g. slope easements or temporary
cul-de-sac), free and unrestricted, to and for
the benefit of Chesterfield County.
(vi) Each phase of construction of the Western
Special Access Street shall connect with
roadways extending from either Point A or the
point shown conceptually as ~Point D" on the
Plan.
Intentionally Deleted.
Access Easement to Adjacent Property. Prior to any
site plan approval on the Stigall Property which
provides for construction of the portion of the
Western Special Access Street extending through Tax
ID 735-709-5944 adjacent to Tax ID 736-709-3667, an
access easement, acceptable to the Transportation
Department, shall be recorded across the Stigall
Property and/or across the parcel identified as Tax
ID 735-709-5944, from the Western Special Access
Street to the parcel identified as Tax ID 736-710-
0625, at a location acceptable to the
Transportation Department. The recorded access
easement shall include a condition that the
easement may not be used by any portion of the
parcel identified as Tax ID 736-710-0625 which uses
Old Buckingham Road for access, it ibeing the
intention that.no traffic from Old Buckingham Road
shall be allowed to travel from Old Buckingham Road
to the Western Special Access Street. (T)
(f) Access Road tolSam's Club Property.
(i)
Prior to any final site plan approval for any
development on the Sam's Club Property, a
fifty (50) foot wide right of way for a
special access street pursuant to Section 19-
505(b) of the Zoning Ordinance extending from
WalMart Way at the location shown as ~Point D"
on Zoning Exhibit A ("Point D") to the common
boundary line between the Sam's Club Property
and the parcel identified as Tax ID 735-709-
8503 shown as ~Point E" on Zoning Exhibit A
(~Point E"), all as shown conceptually on
03-855
10/22/03
(g)
Zoning Exhibit A (the "Eastern Special Access
Street"), shall be dedicated, free and
unrestricted, to and for the benefit of
Chesterfield County. The exact location of
the Eastern Special Access Street shall be
approved by the Transportation Department.
(ii) Prior to issuance of an occupancy permit for
any development on the Sam's Club Property,
the Eastern Special Access Street from Point D
to Point E shall be constructed as a two (2)
lane road and approved for State acceptance,
as determined by the Transportation
Department. The developer shall dedicate any
additional right of way (or easements)
required for this improvement (e.g. slope
easements or temporary cul-de-sac), free and
unrestricted, to and for the benefit of
Chesterfield County.
Access from U.S. Route 60. Direct access from the
Wal-Mart Property to Route 60 shall be limited to
one (1) point of access at substantially the same
location as the existing point of access as
generally shown on Zoning Exhibit A. If relocated
from its existing location, the exact location of
the access shall be approved by the Transportation
Department.
(h) Maximum Densities.
(i)
Development on the Office/Service Property
shall not exceed 40,000 gross square feet of
business park uses or equivalent traffic
density as determined by the Transportation
Department consistent with the May, 2003
Revised Traffic Impact Analysis Report for the
Wal-Mart Retail Center Expansion prepared by
Ramey Kemp & Associates of Richmond, Inc. (the
~Traffic Analysis").
(ii) Development on the Wal-Mart Property shall not
exceed 212,428 gross square feet of shopping
center uses, exclusive of outside
display/storage/service areas that are not
covered or equivalent traffic density as
determined by the Transportation Department
consistent with the Traffic Analysis.
(iii)Development on the Sam's Club Property shall
not exceed a gasoline/service station with 12
fueling stations and including a car wash
facility or equivalent traffic density as
determined by the Transportation Department
consistent with the Traffic Analysis.
(iv) Development on the Stigall Property shall not
exceed 104,800 gross square feet of business
park uses or equivalent traffic density as
determined by the Transportation Department
consistent with the Traffic Analysis.
(v) Notwithstanding the foregoing, with the
03-856
10/22/03
agreement of the applicable property owners and
the approval of the Transportation Department,
density on iany of the Office/Service Property
or the stigall Property may be transferred to
other portions of the Office/Service Property
or the Stigall Property and density on any of
the Wal-Mart Property or the Sam's Club
Property may be transferred to other portions
of the Wal-Mart Property or the Sam's Club
Property. Density transfer(s) shall be based
on equivalent traffic generation as determined
by the Transportation Department. {T)
13.
In conjunction with the approval of this request, the
Textual Statement dated July 14, 2003, last revised
September 15, 2003 shall be approved. (P)
14.
Cash Proffer. To mitigate the impact of development,
prior to final site Plan approval for any development on
the Wal-Mart Proper~y, the applicant or its assignee(s)
shall pay $340,000 to the County for improvements to the
area located within the boundaries of the Midlothian
Area Community Plan which may include, but not
necessarily be limited to, traffic signalization,
streetscape improvements or acquisition of property or
development rights to protect the entrance into the
Village of Midlothian. Notwithstanding the foregoing,
in the event application for approval of a site plan for
development on the Wal-Mart Property generally
consistent with the approved zoning is not submitted to
the County within six (6) months from the date of
rezoning approval or thereafter diligently pursued in
good faith to a final decision, such payment shall
become due and payable thirty (30) days after written
request from the iCounty to the applicant or its
assignee(s). In the event the funds paid are not used
for such purposes Within fifteen (15) years of receipt
by the County, any Unused funds shall be returned to the
payor. (P & BM)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Miller excused himself from the meeting.
038N0245
In Midlothian Magisterial District, WILLIAM P. SOWERS
CONSTRUCTION CO. requests rezoning and amendment of zoning
district map from Corporate Office (0-2) to Community
Business (C-3). The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
suburban commercial use, medium density residential use of
1.51 to 4.0 units per acre and medium/high density
residential use of 4.01 to 7.0 units per acre. This request
lies on 5.2 acres fronting approximately 475 feet on the east
line of Walmart Way, approximately 700 feet north of
Midlothian Turnpike. Tax IDs 735-709-8503 and Part of 5944
(Sheet 6).
03-857
10/22/03
Ms. Beverly Rogers presented a summary of Case 03SN0245 and
stated proffered conditions have limited the uses permitted,
noting that additional modifications to Proffered Condition 1
have been received to further eliminate uses. She further
stated staff recommends denial because the proposed zoning
and land use do not conform with the Midlothian Area
Community Plan and the Northern Area Plan; however, staff and
the Planning Commission have agreed that this case, coupled
with the pending Poseidon and Wal-Mart cases, accomplishes
appropriate land use transition while zoning and planning for
development of most of the remaining vacant property between
Route 60 and Old Buckingham Road. She further stated the
Planning Commission recommended approval and acceptance of
the proffered conditions, indicating that the proposal would
minimize the traffic impact on Old Buckingham Road by
providing an internal road network system which accesses
Route 60.
Mr. Ed Kidd, representing the applicant, stated the Planning
Commission's recommendation is acceptable.
Mr. Warren called for public comment.
Mr. Peppy Jones stated he supports the proposed development.
Mr. Gordon Meyer stated he supports the request.
There being no one else to speak to the request, the public
hearing was closed.
On motion of Mr. Barber, seconded by Mr. Warren, the Board
suspended its rules at this time to allow for acceptance of
the amended proffered condition.
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Absent: Miller.
On motion of Mr. Barber, seconded by Mr. McHale, the Board
approved Case 03SN0245 and accepted the following proffered
conditions:
The Owners and the Developer, pursuant to Section 15.2-2298
of the Code of Virginia (1950 as amended) and the Zoning
Ordinance of Chesterfield County, for themselves and their
successors or assigns, proffer that the development of the
property designated as Chesterfield County Tax IDs 735-709-
8503 and 735-709-5944 (part) containing a total of 5.2 acres
as shown on the drawing prepared by Koontz-Bryant, P.C.,
dated August 25, 2003, entitled "Zoning Exhibit A" (~Zoning
Exhibit A") (the ~Property") under consideration will be
developed according to the following proffered conditions if,
and only if, the request for rezoning of the Property to C-3
for development of retail uses is granted. In the event the
request is denied or approved with conditions not agreed to
by the Developer, the proffered conditions shall be
immediately be null and void and of no further force or
effect. If the zoning is granted, these proffered conditions
will supersede all proffers and conditions now applicable to
the Property.
Uses. No portion of the Property shall be used for any
of the following:
03-858
10/22/03
o
o
o
(a) Cocktail lounges and nightclubs
(b) Hospitals
(c) Hotels
(d) Flea markets
(e) Free-standing fast food restaurants.
(f) Any use with drive-in or drive-through facilities.
(g) Servicing of motor vehicles (including tires and
lubrication); provided, however, this proffer shall
not prohibit a gasoline fueling and car wash
facility on the
(h) Coin operated
Laundromats.
(±)
(j)
(k)
(1)
(m)
Sam's Club Property.
dry cleaning,
laundry and
Park and ride lots.
Secondhand and Consignment stores.
Commercial kennels.
Residential multifamily and townhouses.
Outside storage of construction equipment/
materials.
(n) Continuous outside display of merchandise for sale
pursuant to Section 19-159(i) of the Zoning
Ordinance other than within or within 100 feet of a
garden center and limited to products related to
the garden center operation.
(o) Outside runs for veterinary hospitals.
(p) Massage clinics, except when located within a health
club, tanning salon or similar facility.
(q) Cigarette outlet store which shall mean a store
where the primary product offered for sale is
cigarettes in bulk on a discounted basis.
(r) Motor vehicle sales or rentals. (P)
Building Heights. Buildings on the Property shall have
a maximum of one (1!) story and shall not exceed twenty
five (25) feet in height. (P)
Cleaning of Parking Lots. Routine parking lot cleaning
activities shall be limited to the hours between 6:00
a.m. and 8:00 p.m., !Monday through Saturday. (P)
Water and Wastewa~er. Public water and wastewater
systems shall be used. (U)
Timbering. Except for timbering approved by the
Virginia State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on the !Property until a land disturbance
permit has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. (EE)
Transportation
(a) Access Road to!Wal-Mart Way.
(±)
Prior to any final site plan approval for any
development on the Property, a fifty (50) foot
wide right of way for a special access street
pursuant to Section 19-505(b) of the Zoning
Ordinance extending from WalMart Way at the
location shown as ~Point D" on Zoning Exhibit
A (~Point D") to the common boundary line
between the parcel identified as Tax ID 736-
03-859
10/22/03
709-1439 and the parcel identified as Tax ID
736-709-3667, including rights of way across
the parcels identified as Tax ID's 736-708-
1856, 736-709-4223 and 736-709-1439 shown as
~Point F" on Zoning Exhibit A (~Point F"), all
as shown conceptually on Zoning Exhibit A (the
~Special Access Street") shall be dedicated,
free and unrestricted, to and for the benefit
of Chesterfield County. The exact location of
the Special Access Street shall be approved by
the Transportation Department.
(ii) Prior to issuance of an occupancy permit for
any development on the Property, the Special
Access Street shall be constructed as a two
(2) lane road and approved for State
acceptance, as determined by the
Transportation Department. The developer
shall dedicate any additional right of way (or
easements) required for this improvement
slope easements or temporary cul-de-sac), free
and unrestricted, to and for the benefit of
Chesterfield County.
(iii)In the event the developer is unable to
acquire the right of way across the parcels
identified as Tax ID's 736-709-4223 and 736-
709-1439 necessary for the Special Access
Street as identified in Proffered Condition
6(a) (i) and (ii), the developer may request,
in writing, the County to acquire such right
of way as a public road improvement. All
costs associated with the acquisition of the
right of way shall be borne by the developer.
In the event the County chooses not to assist
the developer in acquisition of the ~off-site#
right of way, the developer shall be relieved
of the obligation to acquire the "off-site"
right of way and construction of the Special
Access Street across the parcels identified as
Tax ID's 736-709-4223 and 736-709-1439.
(b)
Maximum Density. Development on the Property shall
not exceed 40,000 gross square feet of shopping
center uses or equivalent traffic density as
determined by the Transportation Department
consistent with the May, 2003 Revised Traffic
Impact Analysis Report for the Wal-Mart Retail
Center Expansion prepared by Ramey Kemp &
Associates of Richmond, Inc. (T)
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Absent: Miller.
Mr. Miller returned to the meeting.
03S~028~
In Midlothian Magisterial District, POSEIDON SWIMMING, INC.
requests Conditional Use and amendment of zoning district map
to permit a commercial indoor recreational establishment in
an Agricultural (A) District. The density of such amendment
03-860
10/22/03
is controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for medium density residential use of 1.51 to 4.0 units per
acre. This request lies~ on 8.6 acres lying off the western
terminus of West Petty R~ad, approximately 150 feet west of
Black Heath Road. Tax IDS 736-709-3667 and 4223 (Sheet 6).
Ms. Rogers presented a Summary of Case 03SN0284 and stated
staff recommended denial ~ecause the proposed zoning and land
uses do not comply with the Northern Area Plan; however,
staff and the Planning Commission have indicated that this
case, coupled with the pending Wal-Mart and William Sowers
cases, accomplishes appropriate land use transition while
zoning and planning for !the remaining area between Route 60
and Old Buckingham Road, She further stated the Planning
Co~Lission recommended approval and acceptance of the
proffered conditions, indicating that the proposals would
minimize the traffic impact on Old Buckingham Road by
providing an internal road network system which accesses
Route 60. She stated staff recommends, if the Board wishes
to approve the proposal, additional buffering should be
provided to the north and along the eastern property line.
Mr. John Easter, representing the applicant, stated the
proposed development will be one of the two best swimming
facilities in the state iand also represents a good economic
development tool. ~e further stated the Planning
Commission's recommendation is acceptable.
Mr. Warren called for the public hearing.
Mr. Peppy Jones stated he supports the request.
Ms. Amy Satterwhite stated she supports the request and feels
it will be an asset to the community.
There being no one else to speak to the request, the public
hearing was closed.
After brief discussion, on motion of Mr. Barber, seconded by
Mr. Warren, the Board approved Case 03SN0284 and accepted the
following proffered conditions:
The property owner and applicant in this conditional use
request, for themselves and their successors or assigns,
proffer that any development of the property under
consideration ("the ProPerty") for indoor recreational use
shall be according to the following proffered conditions if,
and only if, the conditional use is approved 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 owneri and applicant, the proffers shall
immediately be null and void and of no further force or
effect.
No Timbering. With the exception of timbering which has
been approved by the Virginia State Department of
Forestry for the purpose of removing dead or diseased
trees, there shall be no timbering until a land
disturbance permit has been obtained from the
Environmental Engineering Department and the approved
devices have been installed. (EE)
03-861
10/22/03
Public Wastewater System.
shall be used. (U)
The public wastewater system
Restricted Access. No access shall be permitted to or
from the Property to Black Heath Road or West Petty
Road. (T)
Building and Parking Area Location. Any building shall
be located toward the eastern property line, with its
longer dimension generally parallel to that property
line, and parking shall not be permitted between such
building and the eastern property line. This shall not
preclude driveways to accommodate emergency access. Any
building or parking area shall be set back at least 75
feet from the eastern property line and from the
northern property line adjacent to Tax ID 736-710-3031.
(p)
Uses. Uses shall be limited to indoor recreation
consisting of indoor swimming pool, spectator areas,
facilities customarily accessory to this indoor swimming
facility, and bingo operations. (p)
Development Standards. Any development shall conform to
the requirements of the Zoning Ordinance for
Neighborhood Business (C-2) uses in Emerging Growth
Areas, except that: (a) where the requirements of the
underlying Agricultural (A) zoning are more restrictive,
they shall apply; (b) no buffer shall be required
adjacent to Tax ID 736-709-1439; and (c) any
architectural theme and compatibility requirements for
commercial districts (currently contained in section 19-
570(a) of the Zoning Ordinance) shall not apply.
A 50-foot buffer meeting the requirements of sections
19-520, 19-521, and 19-522 of the Zoning Ordinance shall
be provided adjacent to Tax ID 736-710-3031 as long as
that property is used for residential or agricultural
uses. (P)
Transportation.
(a)
Public Access Road to Wal-Mart Way and Easement to
Adjacent Property.
(±)
Prior to any final site plan approval for any
development on the Property, a fifty (50) foot
wide right of way for a special access street
pursuant to Section 19-505(b) of the Zoning
Ordinance extending from Wal-Mart Way at the
approximate location shown as ~Point D" on
Zoning Exhibit A (~Point D") to the common
boundary line between the parcel identified on
Zoning Exhibit A as Tax ID 736-709-3667 and
the parcel identified as Tax ID 735-709-5944,
including rights of way across the parcels
identified as Tax ID 736-708-1856, 735-709-
8503, and 736-709-1439 shown as ~Point C" on
Zoning Exhibit A (~Point C"), all as shown
conceptually on Zoning Exhibit A (the "Special
Access Street") shall be dedicated, free and
unrestricted, to and for the benefit of
Chesterfield County. The exact location of
03-862
10/22/03
(b)
the Special Access Street shall be approved by
the TranspOrtation Department.
(ii) Prior to issuance of an occupancy permit for
any development on the Property, the Special
Access Street shall be constructed as a two
(2) lane iroad from Point D to Point C and
approved for State acceptance, as determined
by the i Transportation Department. The
developer ishall dedicate any additional right
of way (or easements) required for this
improvemen~ (e.g. slope easements or temporary
cul-de-saci), free and unrestricted, to and for
the benefiit of Chesterfield County.
{iii)Prior to any site plan approval on the
Property, an access easement, acceptable to
the TranSportation Department, shall be
recorded across the Property and/or across the
parcel identified as Tax ID 735-709-5944 from
the loop road shown on Zoning Exhibit A ("Loop
Road") to ithe parcel identified as Tax ID 736-
710-3031, at a location acceptable to the
Transportation Department. The recorded
access easement shall include a condition that
the easement may not be used by any portion of
the parcel identified as Tax ID 736-710-3031
which use~ Old Buckingham Road for access, it
being the intention that no traffic from Old
Buckingham Road shall be allowed to travel
from Old Buckingham Road to the Loop Road.
(iv) In the event the developer is unable to
acquire the right of way necessary for the
Special Access Street as identified in
Proffered Condition 6(a) (i) and (ii), the
developer may request, in writing, the County
to acquire such right of way as a public road
improvement. All costs associated with the
acquisition of the right of way shall be borne
by the d~veloper. In the event the County
chooses not to assist the dew, loper in
acquisition of the ~off-site" right of way,
the developer shall be relieved of the
obligations to acquire the ~off-site" right of
way, to Construct the Special Access Street
across the parcels identified as Tax ID 736-
708-1856, Tax ID 735-709-8503, and Tax ID 736-
709-1439, and to provide an access easement
for the benefit of the parcel identified as
Tax ID 736-710-3031.
Maximum Density. Development on the Property shall
not exceed a 1,010 seat swimming pool facility or
equivalent traffic density as determined by the
Transportation Department consistent with the May,
2003 Revised Traffic Impact Analysis Report for the
Wal-Mart Retail Center Expansion prepared by Ramey
Kemp & Associates of Richmond, Inc., except that
additional development beyond such maximum density
may be approved by the Transportation Department
upon completion of additional traffic analysis
acceptable to the Transportation Department and
03-863
10/22/03
provided that mitigating road improvements are
constructed as determined by the Transportation
Department. (T)
8. Architectural Treatment. Architectural treatment of
buildings, including materials, color and style, shall
be compatible with buildings ilocated on Tax ID 736-708-
1856 and Tax ID 735-709-8503. Compatibility may be
achieved through the use of! similar materials, scale,
colors and other architectura~ features. (P)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None. i
Mr. Ramsey stated Mr. McHale ihad requested resolutions
recognizing employees and citizens for their efforts during
Hurricane Isabel. He further stated staff would like to
designate November 12, 2003 as "Employee Appreciation Day,"
hold a reception at 2:30 p.m. prio~ to the Board meeting, and
present the resolution recognizing employees at the meeting.
He stated staff has also established a team to provide
recommendations for recognizing ~he citizens who played an
important role in restoring the county following the
hurricane.
~8. ADJOURNMENT
It was generally agreed that the Board adjourn at 9:18 p.m.
until November 12, 2003 at 2:30 p.m.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
ane B. Ramsey ~
County Admini str~tor
!
C~
03-864
'thur S. Warren
.airman
10/22/03