11-25-2003 MinutesBOARD OF SUPERVISORS
MINUTES
November 25, 2003
Supervisors in Attendance:
Mr. Arthur S. Warren, Chairman
Mr. J. L. McHale, III, Vice Chrm.
Mr. Edward B. Barber
Mrs. Renny B. Humphrey
Mr. Kelly E. Miller
Mr. Lane B. Ramsey
County Administrator
School Board Members in
Attendance:
Ms. Elizabeth Davis, Chairman
Ms. Dianne Pettitt
Staff in Attendance:
Colonel Carl R. Baker,
Police Department
Ms. Patsy Brown, Asst.
Dir., Accounting
Mr. Craig Bryant, Dir.,
Utilities
Dr. Billy Cannaday, Jr.,
Supt., School Board
Ms. Marilyn Cole, Asst.
County Administrator
Ms. Rebecca Dickson,
Budget Director
Mr. James Dunn, Dir.,
Economic Development
Ms. Lisa Elko, CMC
Clerk
Chief Stephen A. Elswick,
Fire Department
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Thomas E. Jacobson,
Dir., Planning
Mr. H. Edward James,
Dir., Purchasing
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Asst. Dir.,
Internal Audit
Ms. Kathryn Kitchen, Asst.
Supt. of Schools for
Business and Finance
Mr. Louis Lassiter, Dir.,
Internal Audit
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Capt. Frank Spence,
Sheriff's Office
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
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11/25/03
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Thomas Taylor, Dir.,
Block Grant office
Mr. Rick Witt, Asst.
Building Official
Mr. Warren called the regularly scheduled meeting to order at
4:10 p.m.
1. APPROVAL OF MINUTES FOR NOVEMBER 12, 2003
On motion of Mr. McHale, seconded by Mr. Warren, the Board
approved the minutes of November 12, 2003, as submitted.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
O KPMG, LLP PRESENTATION
Mr. Ramsey introduced Ms.
partner from KPMG, LLP.
Elizabeth Foster,
engagement
Ms. Foster stated the audit is officially complete and all
opinions issued were unqualified. She further stated no
exceptions were reported in the required communications
letter. She stated two upcoming standards were outlined in
the management letter - post employment benefits will be
required to be reported as a liability on financial
statements in 2007; and auditing standards will require the
county to look at its related organizations to determine
whether any of them should be considered component units
effective 2004.
Mr. McHale commended Accounting Department staff for their
efforts which led to a successful audit.
3. BOARD COMMITTEE REPORTS
There were no Board committee reports at this time.
REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE
ORDER OF PRESENTATION
On motion of Mr. Barber, seconded by Mr. McHale, the Board
moved Item 8.A., Consideration of a Comprehensive Agreement
Between the Chesterfield County School Board and First Choice
Public-Private Partners: Chesterfield, LLC, to be considered
prior to Item 7., Deferred Items; added Item 8.C.l.c.,
Resolution Recognizing Ms. Susan M. Whiteman, !Department of
Public Affairs, Upon HeriRetirement; replaced Item 8.C.10.b.,
Set Date for Public Hearing to Consider Approval of a ~No
Wake" Zone for a Portion of the Appomattox River; added Item
8.C.10.c., Set Date for Public Hearing to Consider a Proposed
Charter Amendment Regarding Suspension for the Elderly of
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Payment of Assessments Due for Sewer and Water Assessment
Districts; and adopted the Agenda, as amended.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
5. RESOLUTIONS AND SPECIAL RECO~NITION~
There were no resolutions or special recognitions at this
time.
6. WORK SESSIONS
There were no work sessions at this time.
8.A. CONSIDERATION OF A COMPREHENSIVE AG~NT BETW~_~N
Ca~STERFIELD COUNTY SCHOOL BOARD AND FIRST CHOICm
PUBLIC-PRIVATE PARTNERS~ CHESTERFIELD, LLC
Mr. Ramsey recognized Ms. Elizabeth Davis, Chairman of the
School Board, Ms. Dianne Pettitt, Clover Hill School Board
representative, and Dr. Cannaday to address the issue.
Ms. Davis expressed concerns relative to the Planning
Commission's decision to deny substantial accord for the
Genito Road high school site and the conversion of Clover
Hill High School to a middle school. She requested that the
Board approve the comprehensive agreement between the School
Board and First Choice Public-Private Partners: Chesterfield
LLC, and indicated that if the Board is not in a position to
approve all three projects, the School Board is requesting
that the Board approve the comprehensive agreement as it
relates to the Cosby Road site. She stated the cost of the
Cosby Road school will not exceed $50 million plus the cost
of land and off-site improvements.
Ms. Pettitt expressed concerns that Clover Hill High School
has been overcrowded for many years. She stated the
comprehensive agreement is timely, fiscally sound,
educationally responsible and will save taxpayers money. She
further stated the Cosby Road site will help to address
growth, but will not provide relief to the Clover Hill High
School community, and urged the Board to approve the
comprehensive agreement in its entirety.
When asked, Ms. Pettitt stated converting Clover Hill High
School to a middle school is necessary to address middle
school overcrowding.
Dr. Cannaday stated that, in February 1996, the School Board
commissioned a document regarding program and design
requirements for high schools, which specifically speaks to
facility and program standards that have guided the work at
Meadowbrook, Thomas Dale, Matoaca and the two new proposed
high schools. He further stated this document has served the
School Board well in creating and maintaining equity across
all schools. He reviewed costs associated with school
construction options for both the First Choice proposal as
well as two alternate proposals to deal with increasing
student enrollment. He stated the First Choice proposal
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addresses building two high schools and renovating Clover
Hill High School by replacing the heating and air
conditioning ventilation system (HVAC) only, and the
alternate proposals address building a high school and a
middle school and renovating Clover Hill High~ School. He
further stated Clover Hill High School currently does not
meet the other high school standards in the areas of labs,
gymnasium, auditorium and other site amenities, indicating
that these comparisons led both of the independent
architectural firms to submit alternate proposals with costs
that would bring Clover Hill into compliance with other high
schools. He noted it would also be necessary to acquire
additional land in order !to renovate Clover Hill High School
to current standards. He expressed concerns relative to OSHA
safety requirements that would not allow students to be in
unsafe areas while construction is taking place, stating that
under the First Choice proposal, the Clover Hill High School
renovation to a middle school would be complete by 2007 and
under the alternate proposals, Clover Hill High School
renovations would not be complete until 2009.
Discussion ensued relative to the difference in renovation
costs for a high school and a middle school.
When asked, Dr. Cannaday stated the cost of converting Clover
Hill High School to a middle school and makingi it compliant
with other middle schools would not be more than $8 million
today.
Mr. Barber stated the contract provides that the renovation
of Clover Hill High School into a middle school istill remains
to be defined and would require renegotiation of the fixed
contract price. He expressed concerns that the contract does
not provide for a limit on spending for the renovation.
Mr. Patrick Lacy, School Board attorney stated this option
would allow the School Board to use First ChoiCe to convert
Clover Hill High School to a middle school,i as well as
provide for the use of the conventional bidding process to
receive a lower price. He further stated $8 million is an
estimate for the Capital Improvement Program.
Mr. Barber expressed concerns relative to placing middle
school students in a high school that is not comparable with
other high schools without some type of improvements.
Discussion ensued relative to ownership of architectural
plans for county schools.
Mr. Miller expressed concerns that the School Board did not
solicit alternate proposals before approving the
Comprehensive Agreement with First Choice.
Warren stated he ~feels the First Choice proposal
Mr.
addresses the overcrowding issues.
Discussion ensued relative to the cost of other school
renovation projects, i
Dr. Cannaday stated the School Board has been firm and
consistent with controlled costs when converting high schools
into middle schools. He further stated the escalated costs
of renovating Thomas Da~e and Meadowbrook High Schools were
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attributed to labor costs associated with students being
present during the renovations.
When asked, Dr. Cannaday stated he is very comfortable with
the accuracy of the costs outlined in the First Choice
proposal.
Mr. Warren expressed concerns that rejection of the
comprehensive agreement could delay addressing the
overcrowding issue by two years and could cost as much as an
additional $30 million.
Mr. McHale stated the Board is not constrained to the two
sites proposed for two new high schools, indicating there may
be more appropriate sites that would be more in accordance
with the Planning Commission's substantial accord
recommendations. He further stated the costs associated with
alternative sites or proposals could change substantially.
He expressed concerns that the proposal's total is nearly as
large as the last bond referendum, and indicated he feels the
Board has a fiduciary responsibility not to make a rushed
decision.
Discussion ensued relative to the Planning Commission's
concerns that led to denial of substantial accord for the
Genito Road site.
Mr. Barber stated he understands there are major problems
with providing on-site retention on the Genito Road site, and
without on-site retention, all the runoff flows directly to
the reservoir.
Discussion ensued relative to community meetings and public
hearings held by the School Board relative to the issue.
Mr. Warren stated he has received approximately 80 e-mails in
the past two days from residents supporting the First Choice
proposal in its entirety.
Discussion ensued relative to conformance of the proposed
school sites with the Public Facilities Plan.
Ms. Beverly Rogers stated the Planning Commission determined
that the Cosby Road site is in conformance with the current
Public Facilities Plan, and neither the Genito Road site nor
the conversion of Clover Hill High School into a middle
school were in conformance with the current plan. She
further stated staff found all three proposals to be in
conformance with the Public Facilities Plan.
Mr. Micas stated that the Board had four options - 1) approve
the comprehensive agreement with only the Cosby Road
component; 2) approve the comprehensive agreement with all
three projects; 3) reject the comprehensive agreement in its
entirety; or 4) defer the matter.
Mr. Ramsey stated the Board could approve the Cosby Road site
and still preserve the other two projects as the substantial
accord appeals are reviewed.
Mr. Miller stated he feels the appeals on the substantial
accord determinations should be considered prior to the Board
acting on the comprehensive agreement and funding issue.
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Mr. McHale suggested that the Board set a special meeting
date next week to hear the appeals.
Mr. McHale then made a motion to defer consideration of the
comprehensive agreement between the Chesterfield County
School Board and First Choice Public-Private Partners:
Chesterfield, LLC and the related issues associated with the
agreement until December 4, 2003 at 7:00 p.m.
Mr. McHale clarified that his motion would also include
hearing the appeals to the Planning Commission'S substantial
accord determinations for the Genito Road site and the
conversion of Clover Hill High School into a middle school.
Mr. Warren seconded Mr. McHale's motion.
Mr. Bob Mills stated he has requested a 45-day extension to
adequately appeal the Planning Commission's ruling regarding
the Genito Road site, indicating that he has addressed every
issue raised by staff and the additional time is. necessary to
analyze why the Planning Commission rejected the site. He
requested that the Board not postpone approval of the Cosby
Road site.
Mr. Warren stated he feels Mr. Mills' request is reasonable.
Dr. Cannaday stressed the importance of the Board moving
ahead on the Cosby Road site so that relief for overcrowding
will be available by 2006.
Mr. Barber expressed concerns relative to fallowing the
appellant additional time flor the appeal process after not
allowing the Planning Commission the additional time
requested to review the requests for substantial accord
determination. He stated he is prepared to move forward with
the Cosby Road site at this time and to move quickly on the
substantial accord appeals.
Mr. Warren withdrew his second to Mr. McHale's motion.
Mr. McHale stated he understands Mr. Mills' desire to have
additional time and would be willing to wait another week,
but is not prepared to vote in favor of the CoSby Road site
at this time.
Mr. McHale did not withdraw his motion.
Discussion ensued relative
regarding the issue.
to hearing public comment
Mr. Barber stated he feels strongly that the Board should not
delay its decision on the Cosby Road site.
Mr. Barber then made a isubstitute motion for the Board to
approve the comprehensive agreement for the Cosby Road
component only, and defer the remaining issues as well as
consideration of the appeals until December 4, 2003.
When asked, Mr. Micas stated the substitute motion will set a
time to hear the appealsl, and the Board will be asked later
in the meeting to accept! the substantial accord reports from
the Planning Commission.
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Mr. Miller expressed concerns relative to justification for
the estimated funding for the Cosby Road project.
Ms. Kitchen came forward and stated the renegotiated price
with First Choice for the Cosby Road site only was
$49,360,905. She further stated staff has estimated the cost
of the Cosby Road site will not exceed $50 million plus land
and off-site improvements required by the Planning
Commission, or a total of $56,823,592.
Mr. Warren stated he, too, has concerns relative to funding
of the Cosby Road project, and he will not support the
substitute motion.
Due to lack of a second, Mr. Barber's substitute motion
failed.
Mr. Micas restated Mr. McHale's original motion for the Board
to defer consideration of the comprehensive agreement between
the Chesterfield County School Board and First Choice Public-
Private Partners: Chesterfield, LLC and the related issues
associated with the agreement until December 4, 2003 at 7:00
p.m. and to consider any appeals to the Planning Commission's
substantial accord determinations for the Genito Road site
and the conversion of Clover Hill High School into a middle
school at this time.
Mr. Warren seconded Mr. McHale's motion.
Discussion ensued relative to allowing the applicant an
additional week before hearing the appeal.
Mr. Miller made a substitute motion, seconded by Mr. Warren,
for the Board to defer consideration of the comprehensive
agreement between the Chesterfield County School Board and
First Choice Public-Private Partners: Chesterfield, LLC and
the related issues associated with the agreement until
December 11, 2003 at 7:00 p.m. and to consider any appeals to
the Planning Commission's substantial accord determinations
for the Genito Road site and the conversion of Clover Hill
High School into a middle school at this time.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Barber and Mr.
meeting.
Miller excused
themselves
from the
DEFERRED ITEMS
TO CONSIDER ADOPTION OF A RESOLUTION WHICH AUTHORIZES
THE COUNTY ADMINISTRATOR TO SUBMIT AN APPLICATION TO
THE VIRGINIA PUBLIC SCHOOL AUTHORITY (VPSA), DECLARES
THE OFFICIAL INTENT OF THE COUNTY TO REIMBURSE ITS~L~
FROM BOND PROCEEDS, AND AUTHORIZES T~ ISSUANCE an
SALE OF GENERAL OBLIGATION SCHOOL BONDS TO T~ VIRGINIA
PUBLIC SCHOOL AUTHORITY
Mr. Ramsey stated staff recommends that the Board defer this
issue until December 11, 2003.
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On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
deferred consideration 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 Virginia Public School Authority until
December 11, 2003.
Ayes: Warren, McHale and Humphrey.
Nays: None.
Absent: Barber and Miller.
TO CONSIDER REVISIONS TO THE FY2004 SCHOOL,CAPITAL
IMPROVEMENT FUND APPROPRIATiONS
Mr. Ramsey stated staff recommends that the Board defer this
issue until December 11, 20013.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
deferred consideration o!f revisions to the FY2004 School
Capital Improvement Fundl appropriations until December 11,
2003.
Ayes: Warren, McHale and Humphrey.
Nays: None.
Absent: Barber and Miller.
Mr. Miller and Mr. Barber returned to the meeting.
7.C. BOARD ACTION RE~%RDiNG A ZONING ORDINANCE AMENDMENT
TO C_Wa. NGE CERTAIN SpECiAL
EXCEPTIONS
TO
coNDITIONAL
USES
Mr. Jacobson stated the Board held a public hearing on
November 12, 2003 to consider a Zoning Ordinance amendment to
change certain Special Exceptions to Conditional Uses. He
further stated the Board requested additional information
regarding the definitions of ~lot" and ~zoning lot." He
stated the County Attorney has provided this information to
the Board, recommending that the definitions in the Zoning
Ordinance not be changed.
On motion of Mr. Miller, seconded by Mr. Warren, the Board
adopted the following ordinance amendment:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND
RE-ENACTING SECTIONS 19-65, 19-66, 19-67, 19-68 AND 19-124
AND ADDING SECTIONS 19-68.1, 19-73.1, 19-78.1, 19-83.1, 19-
88.1 AND 19-93.1 RELATING TO SPECIAL EXCEPTIONS AND
CONDITIONAL USES IN RESIDENTIAL AND AGRICULTURAL DISTRICTS
BE IT ORDAINED by the Bioard of Supervisors of Chesterfield
County:
(1) That Sections 19-65 19-66, 19-67, 19-68, and 19-124 of
the Code of the County of Chesterfield, 1997, as amended, are
amended and re-enacted iand Sections 19-68.1, 19-73.1, 19-
78.1, 19-83.1, 19-88.1 land 19-93.1 are added to read as
follows:
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Article III. Districts
o o o
Division 4. R-88 Residential District
o o o
Sec. 19-65. Uses permitted with certain restrictions.
The following uses shall be permitted in the R-88
District subject to compliance with the following conditions
and other applicable standards of this chapter. If these
restrictions cannot be met, these uses may be allowed by
conditional use, subject to section 19-13:
o o o
(c)
Yard sales,
provided that
duration.
as accessory to a principal use,
they do not exceed two days in
Sec. 19-66. Accessory uses, buildlngs and structures.
The following accessory uses, buildings and structures
shall be permitted in the R-88 District:
o o o
(g)
Other accessory uses, buildings and structures not
otherwise prohibited, customarily accessory and
incidental to any permitted use.
Sec. 19-67. Conditional uses.
The following uses may be allowed by conditional use in
the R-88 District, subject to the provisions of section 19-
13:
(o)
(P)
(q)
(r)
(s)
(t)
(u)
(v)
o o o
Provided the owner or operator of the business
resides on the premises, a business operated on a
lot or parcel inside or outside of a dwelling unit
or accessory building, but not to include massage
clinics, certified massage therapists or one chair
beauty shops.
Nonprofit legal service facilities.
Nonprofit civic, social and fraternal clubs and
lodges; nothing in this subsection shall be
construed to include fraternities or sororities
operating in conjunction with any public or private
school or college.
Cemeteries and graveyards.
Emergency rescue squad and fire station buildings
and grounds.
Government buildings.
Greenhouses, hothouses and plant nurseries at which
their products are sold or offered for sale.
Subject to the following requirements other uses
that are not specifically enumerated in this
chapter and that are of the same general character
as the specifically enumerated uses allowed in this
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district. Before the planning commission and board
of supervisors hear an application purSuant to this
subsection, the director of planning shall
consider, among~ other things, the following: the
size and proposed configuration of the site; the
size, height and exterior architectural appearance
of any proposed structure or structures; noise;
light; glare; !odors; dust; outdoor activities;
traffic; parking; signage; and hours of operation.
Based on these considerations, he shall determine
that the propoSed use's operating characteristics
are substantially similar to, and its impact on
neighboring pr~operties no greater than, the
operating characteristics and impacts of the
specifically enumerated uses allowed in this
district.
Sec. 19-68. Speci&l exceptions.
The following uses may be allowed by special exception,
subject to the provisions of section 19-21:
(a)
Provided the owner or operator of ithe business
resides on the premises, one chair beauty shops on
a lot or parcel inside of a dwelling unit or
accessory building.
(b) Kennel, privatei
Sec. 19-68.1. Manufactured Home Permit.
The Board of Supervisors may grant a permit with or
without conditions for a temporary manufactured home provided
the manufactured home is necessary because the principal
residence located on the premises has been rendered
uninhabitable by fire or Act of God. Such manufactured home
need not meet the required conditions of the district as
deemed appropriate by the Board of Supervisors at the time
the permit is granted.
0 0 0
Division 5. R-40 Residential DistriCt
O O O
Sec. 19-73.1. Manufactured Home Permit.
The Board of Supervisors may grant a permit with or
without conditions for a ten~orary manufactured ~home provided
the manufactured home is necessary because the principal
residence located on the premises has been rendered
uninhabitable by fire or Act of God. Such manufactured home
need not meet the required conditions of the district as
deemed appropriate by the ]Board of Supervisors at the time
the permit is granted.
O O O
Division 6. R-25 Residential District
O O O
Sec 19-78 1. Manuf&ctured Home Permit.
The Board of Supervisorsl may grant a permit with or without
conditions for a temporiary manufactured home provided the
manufactured home is necessary because the principal
residence located on the premises has been rendered
uninhabitable by fire or Act of God. Such manufactured home
need not meet the required conditions of the district as
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11/25/03
deemed appropriate by the Board of Supervisors at the time
the permit is granted.
o o o
Division 7. R-15 Residential District
o o o
Sec. 19-83.1. Manufactured Home Permit.
The Board of Supervisors may grant a permit with or
without conditions for a temporary manufactured home provided
the manufactured home is necessary because the principal
residence located on the premises has been rendered
uninhabitable by fire or Act of God. Such manufactured home
need not meet the required conditions of the district as
deemed appropriate by the Board of Supervisors at the time
the permit is granted.
o o o
Division 8. R-12 Residential District
o o o
Sec. 19-88.1 Manufactured Home Permit.
The Board of Supervisors may grant a permit with or
without conditions for a temporary manufactured home provided
the manufactured home is necessary because the principal
residence located on the premises has been rendered
uninhabitable by fire or Act of God. Such manufactured home
need not meet the required conditions of the district as
deemed appropriate by the Board of Supervisors at the time
the permit is granted.
o o o
Division 9. R-9 Residential District
o o o
Sec. 19-93.1 Manufactured Home Permit.
The Board of Supervisors may grant a permit with or
without conditions for a temporary manufactured home provided
the manufactured home is necessary because the principal
residence located on the premises has been rendered
uninhabitable by fire or Act of God. Such manufactured home
need not meet the required conditions of the district as
deemed appropriate by the Board of Supervisors at the time
the permit is granted.
o o o
Division 15. A Agricultural District
o o o
Sec. 19-12&. Uses permitted with certain restrictions.
The following uses shall be permitted in the A District
subject to compliance with the following conditions and other
applicable standards of this chapter. If the following
restrictions cannot be met, these uses may be allowed by
conditional use, subject to section 19-13:
o o o
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11/25/03
(3) Stock or dairy fa~s, including all buildings and
structures necessary to such use and the keeping, storage or
operation of any vehicle or machinery necessary to such use,
provided that the lot or parcel has at least three acres.
(2) That this ordinance shall become effective immediately
upon adoption provided, however, that the ordinance shall not
apply to any application for special exception or conditional
use filed prior to the date of adoption.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8. NEW BUSINESS
8.B. STREETLIOHT COST APPROVALS
On motion of Mr. Humphrey, seconded by Mr. McHale, the Board
approved the following streelight installations:
Bermuda District
· In the Mount Blanco Subdivision:
Sloan Drive, vicinity of 12100
Cost to install streetlight:
Dale District
$6,847.00
In the Meadow Creek Subdivision:
Creek Meadow Circle, vicinity of 3013
Cost to install streetlight: $182.84
Clearview Court, vicinity of 3314
Cost to install streetlight: $182.84
Matoaca District
· Hickory Road, vicinity of 5100/5104
Cost to install streetlight: $533.42
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C. CONSENT ITEMS
The following item was removed from the Consent Agenda for
Board discussion:
8.C.10.b.
TO CONSIDER APPROVAL OF A "NO-WAKE" ZONE FOR A
PORTION OF THE APPOMATTOX RIVER
Mrs. Humphrey stated she ,would prefer to hold the public
hearing regarding the "no-wake" zone on January 14, 2004,
rather than December 17, 12003.
Mrs. Humphrey then made a motion, seconded by Mr. Warren, for
the Board to set the date of January 14, 2004 at 7:00 p.m.
for a public hearing to Consider approval of a Uno-wake" zone
for a portion of the AppOmattox River.
Ayes: Warren, Barber, Humphrey and Miller.
Nays: McHale.
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Mr. McHale stated he did not support Mrs. Humphrey's motion
because the proposed "no-wake" zone is in the Bermuda
District.
Mrs. Humphrey stated she thought the "no-wake" zone was
proposed for the Matoaca District, and inquired whether the
Board can still hold the public hearing on December 17, 2003.
After brief discussion, on motion of Mr. McHale, seconded by
Mr. Barber, the Board waived Robert's Rules of Order, which
prohibits the Board from hearing the same item twice in a
meeting.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
set the date of December 17, 2003 at 7:00 p.m. for a public
hearing to consider approval of a "no-wake" zone for a
portion of the Appomattox River.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.1. ADOPTION OF RESOLUTIONS
8.C.1.&.
AUTHORIZIN~ THE EXECUTION OF A CONTINUIN~
DISCLOSURE A~REEMENT IN CONNECTION WITH THE
ISSUANCE BY THE ViRgINiA PUBLIC SCHOOL AUTHORITY
(VPSA) OF ITS SCHOOL REFUNDIN~ BONDS SERIES 2003B,
A PORTION OF THE PROCEEDS OF WHICH REFUNDED
CHESTERFIELD COUNTY GENERAL OBLIGATION SCHOOL BONDg
SERIES 1994A
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
adopted the following resolution:
RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A
CONTINUING DISCLOSURE AGREEMENT IN CONNECTION WITH THE
ISSUANCE BY THE VIRGINIA PUBLIC SCHOOL AUTHORITY OF ITS
SCHOOL REFUNDING BONDS (1997 RESOLUTION) SERIES 2003 B, A
PORTION OF THE PROCEEDS OF WHICH REFUNDED THE COUNTY OF
CHESTERFIELD GENERAL OBLIGATION SCHOOL BONDS, SERIES 1994 A;
AND AUTHORIZING ANY OTHER ACTIONS NECESSARY TO ACHIEVE THE
OBJECTIVES CONTEMPLATED HEREBY
WHEREAS, the Virginia Public School Authority (the
~Authority") pursuant to a resolution duly adopted on June
26, 1991, as amended, restated and supplemented (the ~1991
Resolution") issued bonds ("1991 Resolution Bonds") for the
purpose of purchasing general obligation school bonds of
certain cities and counties within the Commonwealth of
Virginia; and
WHEREAS, the Authority has issued under the 1991
Resolution a certain series of 1991 Resolution Bonds
designated as "Virginia Public School Authority School
Financing Bonds (1991 Resolution) Series 1994 A" (the "Series
1994 A Bonds"); and
WHEREAS, the Authority used a portion of the proceeds of
the Series 1994 A Bonds to purchase certain duly authorized
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11/25/03
and issued general obligation school bonds of tihe County of
Chesterfield, Virginia (t!he "County") designated the County
of Chesterfield General Obligation School Bonds, Series 1994
A ("Local School Bonds"); and
WHEREAS, the Authority refunded its Series 1994 A Bonds
(the ~Refunded Bonds") from a portion of the proceeds of its
Virginia Public School Authority School Financing and
Refunding Bonds (1997 ~Resolution) Series 2003 B (the
~Refunding Bonds") issued pursuant to a resolution duly
adopted by the Authority on October 23, 1997 (the ~1997
Resolution"); and
WHEREAS, the Authority in refunding the Refunded Bonds
has pledged the Local SChool Bonds for the benefit of the
holders of bonds issued under its 1997 Resolution; and
WHEREAS, the Authority is required to~ assist the
underwriters (the "Underwriters") of the Refunding Bonds with
their duty to comply with Securities and Exchange Commission
("SEC") Rule 15c2-12 (the "Rule"); and
WHEREAS, the Authority has requested the County to
execute a Continuing Disclosure Agreement in order for the
Authority to assist the Underwriters in complying with the
Rule; and
WHEREAS, the Board of Supervisors of the County of
Chesterfield, Virginia considers it to be advisable for the
County to fulfill the request of the Authority to execute a
Continuing Disclosure Agreement.
NOW, THEREFORE BEi IT RESOLVED BY THE BOARD
SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA:
OF
1. Continuing Disclosure Agreement.
The Chairman of the Board of Supervisors and such
officer or officers as he may designate are hereby authorized
to enter into a Continuing Disclosure Agreement in the form
attached as Appendix A hereto, containing such covenants as
may be necessary in order for compliance with t!he provisions
of the Rule, and any other documents the Authority deems
necessary to comply with the SEC rules and ~any Internal
Revenue Service rules and regulations regarding maintaining
the tax-exempt status of the bonds.
2. Further Actions.
The members of the Board and all officers,
employees and agents of the County are hereby ~authorized to
take such action as they or any one of them may consider
necessary or desirable in connection with the execution and
delivery of the Continuing Disclosure Agreement and
maintaining the tax-exempt status of the bonds,~ and any such
action previously taken is hereby ratified and Confirmed.
3. Effective Date.~
This resolutioh shall take effect immediately.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.l.b.
RECO~NIZIN~ FIREFI~HTERALLEN BRUCE CLAYTON,
03-941
11/25/03
CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVIC~
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Firefighter Bruce Clayton will retire from the
Fire and Emergency Medical Services Department, Chesterfield
County, on December 1, 2003; and
WHEREAS, Firefighter Clayton graduated from Recruit
School #4 in 1974 and has faithfully served the county for
nearly 30 years in various assignments as a firefighter at
the Chester, Manchester, Bon Air, Clover Hill, and Winterpock
fire stations; and
WHEREAS, Firefighter Clayton served as a member of the
Technical Services Unit; and
WHEREAS, Firefighter Clayton served as a member of the
Chesterfield Fire and Emergency Medical Services Scuba Rescue
Team; and
WHEREAS, Firefighter Clayton served on the New Fire
Station Construction Committee that assisted in the design of
the Swift Creek and Centralia Fire Stations; and
WHEREAS, Firefighter Clayton received recognition for 25
years of safe driving without an accident.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 25th day of November 2003,
recognizes the contributions of Mr. Allen Bruce Clayton,
expresses the appreciation of all residents for his service
to the county, and extends appreciation for his dedicated
service and congratulations upon his retirement.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.l.c. RECOGNIZING MS. SUSAN M. WHITEMAN, DEPARTMENT OF
PUBLIC AFFAIRS, UPON HER RETIREMENT
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Ms. Susan M. Whiteman began her employment with
Chesterfield County on May 13, 1985 as a part-time secretary
at the Chesterfield County Airport; and
WHEREAS, Ms. Whiteman became a full-time employee with
the county's News and Information Department on January 2,
1986; and
WHEREAS, Ms. Whiteman provided outstanding
administrative support to the director of the department at
that time, and to three subsequent directors of that
department; and
WHEREAS, Ms. Whiteman, or "Sue," as she is known to
everyone, is widely known for her cheerful British accent,
her friendly customer service and her extensive knowledge of
Chesterfield County issues and history; and
03-942
11/25/03
WHEREAS, Ms. Whiteman assisted the Department of News
and Information in its growth and transit!ion to the
Department of Public Affairs; and
WHEREAS, Ms. Whiteman continually updatedl her skills,
learning to operate new equipment and new software as
required to assist with the greatly expanded scope of duties
handled by the department; and
WHEREAS, Ms. Whiteman was always willing to work
evenings, holidays or any other time when her services were
required due to operational commitments, inclement weather,
natural disasters or any other reasons; and
WHEREAS, Ms. Whiteman's efficiency and professionalism
in a wide range of responsibilities including monitoring
coverage of county issues by the media and providing copies
of that coverage to county staff and elected officials;
handling the department's payroll; budget and accounts
payable on a daily basis; liaison with civic organizations,
church groups and other organizations; coordinating the
county's Speakers Bureau; maintaining current county
information on the electronic COMCAST cablevision bulletin
board; operating the switchboard at COMCAST for live
television programming by the county; and a ~multitude of
other tasks has made her a valuable resource for her
department's staff, other county staff, elected iofficials and
the public-at-large; and
WHEREAS, Ms. Whiteman has decided to retire on December
10, 2003 in order to spend more time with her children and
grandchildren, to travel and enjoy her hobbies and many
interests; and
WHEREAS, those who know her and have had ithe privilege
of working with her will miss Ms. Whiteman's outgoing
personality, her smile and her assistance in so many areas of
expertise; and
WHEREAS, all who know her wish Ms. Whiteman good health,
happiness, and a long and fulfilling retirement.
NOW, THEREFORE, BE IT RESOLVED, that the~ Chesterfield
County Board of Supervisors extends its congratulations to
Ms. Susan M. Whiteman on the occasion of her retirement,
thanks her for her years of dedicated service to Chesterfield
County and its residents, and wishes her much happiness in
her well-deserved retirement.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.2. AWARD OF CONSTRUCTION CONTRACTS
8 .C.2 .&.
TO SOUTHWOOD BUILDERS, INCORPORATED AND TRANSFER OF
FUNDS FOR THE BAILEY BRIDOE PUMP STATION PROJECT
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
awarded a constructioni contract to Southwood Builders,
Incorporated, in the amount of $8,989,432.50, for the Bailey
Bridge Pump Station project; authorized the County
03-943
11/25/03
Administrator to execute the necessary documents; and
authorized the transfer of $2,500,000 from the Upgrades to
Pump Stations project to the Bailey Bridge Pump Station
project.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.2.b. TO CBI CONSTRUCTORS, INCORPORATED AND TRANSFER OF
FUNDS FOR THE MEADOWVILLE WATER TANK PROJECT
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
awarded a construction contract to CBI Constructors,
Incorporated, in the amount of $2,688,000, for the
Meadowville Water Tank project; authorized the County
Administrator to execute the necessary documents; and
authorized the transfer of $250,000 from the Ruffin Mill
Water Line Phase II project to the Meadowville Water Tank
project.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.3. STATE ROAD ACCEPTANCE
On motion of Mrs. Humphrey, seconded by Mr. Warren, 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.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to § 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Tvoe Change to the Se¢ondary System Qf State Highways: Addltlqn
Basis for Change: Addition, New aubdlvleion street
Statutory Reference: §33.1-229
Project: Amstel Bluff, Section F
03-9&4
11/25/03
·
From:
To:
Creekbluff Ridge Drive, State Route Number: 5601
Swiftrock Ridge Dr., (Rt. 4553)
Cul-de-sac, a distance of: 0.09 miles.
Right-of-way record was filed on 8/9/2001 with the Office Of Clerk To Cimuit Court in Pb. 119; Pg. 71, with
a width of 50 Ft.
· Creekbluff Ridge Drive, State Route Number: 5601
From: Swiffreck Ridge Dr., (Rt. 4553)
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 8/9/2001 with the Office Of Clerk To Circuit Court in Pb. 119; Pg. 71, with
a width of 50 Ft.
· Swlftrock Ridge Drive, State Route Number: 4553
From: Swiftrock Ridge PI., (Rt. 4555)
To: Creekbluff Ridge Dr., (Rt. 5601 ), a distance of: 0.07 miles.
Right-of-way record was filed on 8/9/2001 with the Office Of Clerk To Circuit Court in Pb. 119; Pg. 71, with
a width of 50 Ft.
· Swlftrock Ridge Terrace, State Route Number: 5600
From: Swiftrock Ridge Dr., (Rt. 4553)
To: Cul-de-sac, a distance of: 0.15 miles.
Right-of-way record was filed on 8/9/2001 with the Office Of Clerk To Circuit Court in Pb. 119; Pg. 71, with
a width of 50 Ft.
And, further, 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.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to § 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for quts, 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 T~ansportation.
03-945
11/25/03
Type Change to the Secondary System of State Hlahwaw: Addition
Basis for Change:
Statutory Reference:
Addition, New subdivision street
Project:
Farmview Estates
Talleywood Court, State Route Number: 4286
From:
Talleywood Ln., (Rt. 4285)
To:
Cul-de-sac, a distance of: 0.14 miles.
Right-of-way record was filed on 7/21/1998 with the Office Of Clerk To Circuit Court in Pb. 99; Pg. 60, with
a width of 50 Ft.
Talleywood Lane, State Route Number: 4285
From: Happy Hill Rd., (Rt. 619)
To:
Talleywood Ct., (Rt. 4286), a distance of: 0.39 miles.
Right-of-way record was filed on 7/21/1998 with the Office Of Clerk To Circuit Court in Pb. 99; Pg. 60, with
a width of 50 Ft.
Talleywood Lane, State Route Number: 4285
From:
Talleywood Ct., (Rt. 4286)
To:
Cul-de-sac, a distance of: 0.18 miles.
Right-of-way record was filed on 7/21/1998 with the Office Of Clerk To Circuit Court in Pb. 99; Pg. 60, with
a width of 50 Ft.
And, further, 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.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to § 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Tv~e Chanae tO the Secondary System of State Hl¢~hways: Addition
Basis for Change:
Statutory Reference:
Addition, New subdivision street
§33.1-229
03 -946
11/25/03
Project:
From:
To:
Pleasant Dale, Section B
Polnsetta Court, State Route Number: 5624
Poinsetta Dr., (Rt. 5623)
Cul-de-sac, a distance of: 0.07 miles.
Right-of-way record was filed on 7/10/1998 with the Office Of Clerk To Cimuit Court in Pb.99; Pg 38, with
a width of 44 Ft.
· Polnsetta Drive, State Route Number: 5623
From: W. Grove Av., (Rt. 1527)
To: Poinsetta Ct., (Rt. 5624), a distance of: 0.06 miles.
Right-of-way record was filed on 7/10/1998 with the Office Of Clerk To Circuit Court in Pb.99; Pg 38, with
a width of 44 Ft.
· Poinsetta Drive, State Route Number: 5623
From: Poinsetta Ct., (Rt. 5624)
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 7/10/1998 with the Office Of Clerk To Circuit Court in Pb.99; Pg 38, with
a width of 44 Ft.
And, further, 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.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to § 33.1-229, Code of Virginia, and the
Department' s Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Change to the Secondary System of State Hlahwavs: Addition
Basis for Change:
Statutory Reference:
Project:
Addition, New subdivision street
§33.1-229
Rivers Trace, Section B
Corte Castle Court, State Route Number: 5562
03 -947
11/25/03
From: Corte Castle Rd., (Rt. 4757)
To:
Cul-de-sac, a distance of: 0.12 miles.
Right-of-way record was filed on 7/18/2001 with the Office Of Clerk To Circuit Court in Pb.119; Pg. 34-36,
with a width of 50 Ft.
·
From:
To:
Corte Castle Road, State Route Number: 4757
0.25 Mi. W of Pypers Pointe Dr., (Rt. 4756)
Corte Castle Ct., (Rt. 5562), a distance of: 0.09 miles.
Right-of-way record was flied on 7/18J2001 with the Office Of Clerk To Circuit Court in Pb. 119; Pg. 34-36,
with a width of 50 Ft.
·
From:
To'
Corte Castle Road, State Route Number: 4757
Corte Castle Ct., (Rt. 5562)
0.24 Mi. W of Corte Castle Ct., (Rt. 5562), a distance of: 0.24 miles.
Right-of-way record was filed on 7/18/2001 with the Office Of Clerk To Circuit Court in Pb.119; Pg. 34-36,
with a width of 50 Ft.
And, further, 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.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to § 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Tvoe Change tO the Sm;:qndarv System of State Highways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Rivers Trace, Section C
· Corta Castle Place, State Route Number: 5563
From: Corte Castle Rd., (Rt. 4757)
To: Cul-de-sac, a distance of: 0.09 miles.
Right-of-way record was filed on 7/19/2001 with the Office Of Clerk To Circuit Court in Pb. 119; Pg. 38-39,
03-9&8
11/25/03
with a width of 50 Ft.
· Corte Castle Road, State Route Number: 4757
From: 0.31 Mi. W of Corte Castle Ct., (Rt 5562)
To: Corte Castle PI., (Rt. 5563), a distance of: 0.07 miles.
Right-of-way record was filed on 7/19/2001 with the Office Of Clerk To Circuit Court in Pb. 119; Pg. 38-39,
with a width of 50 Ft.
· Corte Castle Road, State Route Number: 4757
From: Corte Castle PI., (Rt. 5563)
To: 0.03 Mi. W of Corte Castle PI., (Rt. 5563), a distance of: 0.03 miles.
Right-of-way record was filed on 7/19/2001 with the Office Of Clerk To Circuit Court in Pb. 119; Pg. 38-39,
with a width of 50 Ft.
Right-of-way record was filed on 11/24/99 with the Office Of Clerk To Circuit Court in Pb. 37179; Pg. 695
with a width of 50 Ft.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.4. AUTHORIZE THE RECEIPT OF APPROPRIATION OF GRANT FUNDS
FROM THE DEPARTMENT OF HOMELAND SECURITY FOR THE
COMMUNITY EMERGENCY RESPONSE TEAMS
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
authorized the Fire and Emergency Medical Services
Department, Office of Emergency Management, to receive
$20,180 in grant funds from the Department of Homeland
Security for training and coordinating the Community
Emergency Response Teams (CERT).
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.5. CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND
POWER COMPANY FOR UNDERGROUND CABLE TO SERVE FOUNDERS
BRID~E, SECTION 2
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Virginia Electric and Power Company for underground cable to
serve Founders Bridge, Section 2. (It is noted a copy of the
vicinity sketch is filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.6.
8.C.6.a.
REQUESTS TO QUITCLAIM
A PORTION OF A VARIABLE WIDTH STORM WATER
MANAGEMENT/BEST MANAGEMENT PRACTICE EASEMENT
ACROSS THE PROPERTY OF A. P. PROPERTIES,
LIMITED PARTNERSHIP
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
authorized the Chairman of the Board of Supervisors and the
03-949
11/25/03
County Administrator to execute a quitclaim deed to vacate a
portion of a variable width storm water management/best
management practice easement across the property of A. P.
Properties, Limited Partnership. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.6.b. A PORTION OF A SIXTEEN-FOOT DRAINAGE EASEMENT
ACROSS THE PROPERTY OF SOMMERVILLE DEVELOPMENT
CORPORATION
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a sixteen-foot drainage easement across the
property of Sommerville Development Corporation. (It is
noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.6.c. A SIXTEEN-FOOT WATER EASEMENT ACROSS THE PROPERTY
OF THE TRUSTEES OF SYCAMORE PRESBYTERIAN CHURCH
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
sixteen-foot water easement across the property of the
Trustees of Sycamore Presbyterian Church. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.7. ACCEPTANCE OF PARCELS OF LAND
8.C.7.a. WEST OF TENIE LEE PARKWAY AND NORTH OF HULL STREET
ROAD FROM LINWOOD ELTON BOTTOMS, JR. AND KEVIN
BOTTOMS
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
accepted the conveyance of two parcels of land containing a
total of 0.392 acres west of Temie Lee Parkway and North of
Hull Street Road (U.S. Route 360) from Linwood Elton Bottoms,
Jr. and Kevin Bottoms, and authorized the County
Administrator to execute the deed. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.7.b. EAST OF SOUTHSHORE DRIVE FROM THE TRUSTEES OF THE
DANKOS FAMILY TRUST
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
accepted the conveyance of a parcel of land containing 0.551
acres east of Southshore Drive (State Route 4777) from the
Trustees of Dankos Family Trust, and authorized the County
03-950
11/25/03
Administrator to execute the deed. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.7 .¢.
ADJACENT TO THE NORTHWEST RIGHT OF WAY LINE OF
BELMONT ROAD FROM THE TRUSTEES OF FAMILY CHURCH OF
~OD WORSHIP CENTER
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
accepted the conveyance of a parcel of land containing 0.703
acres adjacent to the northwest right of way line of Belmont
Road (State Route 651) from the Trustees of Family Church of
God Worship Center, and authorized the County Administrator
to execute the deed. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.7.d. NORTH OF HULL STREET ROAD FROM HEARTLAND RIC~OND
HIGHWAY 360 LIMITED PARTNERSHIP
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
accepted the conveyance of a parcel of land containing 0.370
acres north of Hull Street Road (U.S. Route 360) from
Heartland Richmond Highway 360 Limited Partnership, and
authorized the County Administrator to execute the deed. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.7.e. ALONG THE SOUTH RIGHT OF WAY LINE OF MURRAY OLDS
DRIVE FROM JAMESTOWNE BUILDERS, INCORPORATED
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
accepted the conveyance of a parcel of land containing 0.030
acres along the south right of way line of Murray Olds Drive
(State Route 727) from Jamestowne Builders, Incorporated, and
authorized the County Administrator to execute the deed. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.7.f. ALONG THE EAST RIGHT OF WAY LINE OF OLD HUNDRED
ROAD FROM THE TRUSTEES OF LIVING HOPE LUTHERAN
CHURCH
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
accepted the conveyance of a parcel of land containing 0.18
acres along the east right of way line of Old Hundred Road
(State Route 652) from the Trustees of Living Hope Lutheran
Church, and authorized the County Administrator to execute
03-951
11/25/03
the deed. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.7.g. ALONG THE EAST RIGHT OF WAY LINE OF OTTERDALE ROAD
FROM ERNEST A. STOPF AND ALMA L. STOPF
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
accepted the conveyance of a parcel of land containing 0.151
acres along the east right of way line of Otterdale Road
(State Route 667) from Ernest A. Stopf and Alma L. Stopf, and
authorized the County Administrator to execute the deed. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.7.h. EAST OF SOUTHSHORE DRIVE FROM TAD PROPERTIES, LLC
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
accepted the conveyance of a parcel of land containing 0.157
acres east of Southshore Drive (State Route 4777) from TAD
Properties, LLC, and authorized the County Administrator to
execute the deed. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.7.1. ON CARVER HEIGHTS DRIVE FROM NINA V. SHOOSMITH
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
accepted the conveyance of a parcel of land containing 1.7044
acres on Carver Heights Drive (State Route 708) from Nina V.
Shoosmith, and authorized the County Administrator to execute
the deed. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.8. REQUESTS FOR PERMISSION
8.C.8.&. FROM THE TRUSTEES OF THE CLOVER HILL MASONIC LODGE
NUMBER 253, A.F. AND A.M. TO INSTALL A PRIVATE
WATER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE
PROPERTY ON HULL STREET ROAD
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved a request from the Trustees of the Clover Hill
Masonic Lodge Number 253, A.F. and A.M. for permission to
install a private water service within a private easement to
serve property at 16301 Hull Street Road, and authorized the
County Administrator to execute the water connection
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-952
11/25/03
8 .C. 8 .b. FROM PEGGY D. HARGRAVE TO INSTALL A PRIVATE WATER
SERVICE WITHIN A PRIVATE EASEMENT AND AN EIGHT-FOOT
COUNTY EASEMENT TO SERVE PROPERTY ON HARGRAVE HILL
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved a request from Peggy D. Hargrave for permission to
install a private water service within a private easement and
an eight-foot county easement, subject to the execution of a
license agreement, and authorized the County Administrator to
execute the water connection agreement. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.8.c. FROM STEVEN C. OVERGARD AND DAWN M. OVERGARD TO
CONSTRUCT A GRAVEL DRIVEWAY WITHIN A FORTY-FOOT
UNIMPROVED RIGHT OF WAY
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved a request from Steven C. Overgard and Dawn M.
Overgard for permission to construct a gravel driveway within
a forty-foot unimproved right of way for a proposed dwelling,
subject to the execution of a license agreement. (It is
noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.9. APPROVAL OF CHANGE ORDER TO THE CONSTRUCTION CONTRACT
WITH KENBRID~E CONSTRUCTION COMPANY FOR REVISIONS TO
THE EMERGENCY POWER SYSTEM FOR THE JUVENILE DETENTION
HOME PROJECT
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
authorized the County Administrator to execute a change order
with Kenbridge Construction Company, in the amount of
$68,613, for revisions to the emergency power system in the
new Juvenile Detention Home.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.10. SET DATES FOR PUBLIC HEARINGS
8.C.10.a. TO CONSIDER THE TAX EXEMPTION REQUEST OF MEALS ON
WHEELS OF GREATER RICHMOND, INCORPORATED
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
set the date of December 17, 2003 at 7:00 p.m. for a public
hearing to consider the tax exemption request of Meals on
Wheels of Greater Richmond, Incorporated.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-953
11/25/03
8.C.10.c. TO CONSIDER A PROPOSED CHARTER AMENDMENT REGARDING
SUSPENSION FOR THE ELDERLY OF PAYMENT OF
ASSESSMENTS DUE FOR SEWER ANDWATER ASSESSMENT
DISTRICTS
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
set the date of December 17, 2003 at 7:00 p.m. for a public
hearing to consider a proposed charter amendment regarding
suspension for the elderly of payment of assessments due for
sewer and water assessment districts.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.11. APPROVAL OF DONATION TO THE MANCHESTER VOLUNTEER
RESCUE SQUAD IN THE MATOACA DISTRICT
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
appropriated $3,663 for a donation to the Manchester
Volunteer Rescue Squad for a sewer connection fee.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.12. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.C.12.a. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO
THE CHESTERFIELD COUNTY FIRE AND EMERGENCY
SERVICES DEPARTMENT TO PURCHASE A FIRE PUMPER FOR
THE BON AIR/ROBIOUS STATION
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
transferred $20,000 from the Midlothian District Improvement
Fund to the Chesterfield County Fire and Emergency Services
Department to purchase a fire pumper for the Bon Air/Robious
Station.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.12.b. FROM BERMUDA DISTRICT IMPROVEMENT FUND TO THE
PARKS AND RECREATION DEPARTMENT FOR THE PURCHASE
OF A SCOREBOARD FOR CURTIS ELEMENTARY SCHOOL
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
transferred $1,200 from the Bermuda District Improvement Fund
to the Parks and Recreation Department for the purchase of a
scoreboard for Curtis Elementary School.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
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
10.A. REPORT ON THE DEVELOPER WATER AND SEWER CONTRACTS
10.B. REPORT ON THE STATUS OF GENERAL FUND BALANCE, RESERVE
03-95&
11/25/03
FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT
FUNDS AND LEASE PURCHASES
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
accepted the following reports: a report on Developer Water
Contracts; and a status report on the General Fund Balance,
Reserve for Future Capital Projects, District Improvement
Funds, and Lease Purchases.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
10.C. SUBSTANTIAL ACCORD DETERMINATION REPORTS
10.C.1. FOR A PUBLIC HIGH SCHOOL ON COSBY ROAD (CASE NO.
04PD0188)
10.C.2. FOR A PUBLIC MIDDLE SCHOOL ON HULL STREET ROAD
(CASE NO. 04PD0158)
10.C.3. FOR A PUBLIC HIGH SCHOOL ON GENITO ROAD (CASE
NO.04PD0163)
Mr. Micas stated if the Board votes to accept the reports,
the Planning Commission's substantial accord determinations
will become final subject to any appeals.
Mr. Miller made a motion, seconded by Mrs. Humphrey, for the
Board to accept the substantial accord determination reports
for a public high school on Cosby Road; a public middle
school on Hull Street Road; and a public high school on
Genito Road.
When asked, Mr. Micas stated the Board can reverse the
Planning Commission's substantial accord determinations upon
hearing the appeals.
Mr. McHale made a substitute motion for the Board to defer
consideration of the Planning Commission's substantial accord
determination reports until December 11, 2003.
Mr. Micas stated there are consequences to accepting the
reports.
Mr. Warren seconded Mr. McHale's substitute motion.
Mr. Barber stated he will not support the substitute motion
because he would like the opportunity to support the Planning
Commission's substantial accord determination of the Cosby
Road site.
Mr. Miller stated he will support the substitute motion to
defer the reports, but indicated he, too, supports the
Planning Commission's substantial accord determination on the
Cosby Road site.
Mr. Warren called for a vote on the substitute motion of Mr.
McHale, seconded by Mr. Warren, for the Board to defer
consideration of the substantial accord determination reports
for a public high school on Cosby Road (Case No. 04PD0188), a
public middle school on Hull Street Road (Case No. 04PD0158),
and a public high school on Genito Road (Case No. 04PD0163),
until December 11, 2003.
Ayes: Warren, McHale, Humphrey and Miller.
Nays: Barber.
03-955
11/25/03
After brief discussion, Mr. Warren stated public comment will
be permitted at the December 11, 2003 meeting relative to the
appeals to the Planning Commission's substantial accord
determinations.
11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(7), CODE
OF VIRGINIA, 1950, AS AMENDED, FOR L~GAL ADVICE BY
COUNSEL INVOLVING SIMPSON V. COUNTY OF CHESTERFIELD
On motion of Mr. McHale, seconded by Mr. Miller, the Board
went into a Closed Session pursuant to Section 2.2-
3711(A) (7), Code of Virginia, 1950, as amended, for legal
advice by counsel involving Simpson v. County of
Chesterfield.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Reconvening:
On motion of Mr. McHale, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into Closed Session in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act
effective July 1, 1989 provides for certification that such
Closed Session was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member's
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of
Information Act were discussed in the Closed Session to which
this certification applies, and
ii) only such public business matters as were identified
in the Motion by which the Closed Session was convened were
heard, discussed, or considered by the Board. No member
dissents from this certification.
The Board being polled, the vote was as follows:
Mr. Miller: Aye.
Mrs. Humphrey: Aye.
Mr. Barber: Aye.
Mr. McHale: Aye.
Mr. Warren: Aye.
12 · DINNER
On motion of Mr. McHale, seconded by Mr. Miller, the Board
recessed to the Administration Building, Room 502, for
dinner.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-956
11/25/03
Reconvening:
13. INVOCATION
Reverend Jerome Hancock, Pastor of Southside Church of the
Nazarene gave the invocation.
14. pLeDgE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Mr. Bradford Hammer, Deputy County Administrator, led the
Pledge of Allegiance to the flag of the United States of
America.
15. RESOLUTIONS AND SPECIAL RECOgNiTIONS
There were no resolutions of special recognitions at this
time.
16. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON
THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDERs
- WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT
ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION
- CASES WHERE THE APPLICANT DOES NOT ACCEPT THE
RECOMMENDATiON AND/OR THERE IS PUBLIC OPPOSITION WILL BE
HEARD AT SECTION 18
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
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 the applicant has requested a deferral
until January 28, 2004.
Ms. Kristen Keatley, representing the applicant, requested a
deferral until January 28, 2004.
Mr. Warren called for public comment.
Mrs. Goldie Jordan stated the residents of Plum Creek, South
Ridge and Beaver Point have many concerns and requested that
she and others be allowed to meet with the applicant, county
staff and Mr. Warren prior' to the January 28, 2004 meeting
regarding the proposed development.
03-957
11/25/03
Mr. Jacobson stated staff will schedule a meeting with Mrs.
Jordan regarding the proposed development.
There being no one else to speak to the deferral, the public
hearing was closed.
On motion of Mr. Warren, seconded by Mr. Barber, the Board
deferred Case 03SN0315 until January 28, 2004.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03890214 (Amended)
In Matoaca Magisterial District, JAMES M. BLALOCK requests
amendment to Conditional Use Planned Development (Case
95SN0307) and amendment of zoning district map relative to
uses, hours of operation and gross floor area for property
known as Tract 6. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
single family residential use of 2.0 units per acre or less.
This request lies in a Residential (R-9) District on 6.5
acres lying approximately 1,340 feet off the north line of
Genito Road, measured from the intersection of Genito and
Woolridge Roads. Tax ID 719-687-Part of 2732 (Sheet 9).
Mr. Jacobson stated Mrs. Humphrey has requested a deferral
until January 28, 2004.
Mr. Bernard Savage, representing the applicant, stated the
applicant has addressed all concerns expressed relative to
the proposed development through a fax to Ms. Beverly Rogers,
and indicated he does not support the deferral.
Mr. Warren called for public comment.
Mr. Chris McCarthy, representing Edgewater Subdivision
residents, stated he feels it would be in the best interest
of the residents to defer the case because there are still
issues that need to be resolved.
Mr. Barber inquired whether Mr. McCarthy feels the request
could be considered at the December 17, 2003 meeting.
Mr. McCarthy stated he does not feel the issues can be
resolved in 30 days.
When asked, Mr. McCarthy stated he has met with Mr. Savage on
one occasion and with Mr. Blalock on several occasions.
Ms. Kathy Revere stated the Edgewater residents are
requesting a deferral because many things that have been
promised have not taken place.
When asked, Ms. Revere stated she does not anticipate these
issues will be resolved in 30 days.
There being no one else to speak to the deferral, the public
hearing was closed.
03 -958
11/25/03
When asked, Ms. Rogers stated she received a statement from
Mr. McCarthy expressing the residents' concerns and also a
statement from Mr. Savage addressing these concerns.
Mr. Savage stated the document he presented to Ms. Rogers
today will address the issues raised by Mr. McCarthy.
Ms. Rogers stated the promises made in writing by Mr. Savage
would not be legally enforceable unless they were proffered
conditions.
Mr. Micas stated state law precludes the Board from accepting
new proffered conditions after a meeting has begun.
Ms. Rogers stated, because the request is for a Conditional
Use Planned Development, tlhe Board could impose conditions
tonight if an agreement could be reached.
Mrs. Humphrey stated she has requested a deferral because of
the Edgewater residents' concerns regarding the placement of
a car wash on the subject property.
Mr. Savage stated he has provided a drawing depicting the car
wash being moved to the rear of the convenience store. He
further stated he feels the issues can be resolved in 30
minutes.
Mr. McCarthy stated the residents' concerns were provided to
the applicant in June 2003, and the residents are looking for
specifics. He further stated he does not feel the issues can
be resolved tonight.
Mr. Miller stated he will support the deferral, but feels
four months should have been sufficient time for the
applicant to address the residents' concerns.
Mrs. Humphrey stated she is disappointed that the issues have
not been resolved, and she feels the applicant needs to put
his promises in writing as conditions.
Mrs. Humphrey then made a motion, seconded by Mr. Warren, for
the Board to defer Case 03SN0214 until January 28, 2004.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03SN0318
In Bermuda Magisterial District, BERMUDA TRIANGLE PROPERTY,
L.P. requests rezoning and amendment of zoning district map
from Agricultural (A) to ,General Industrial (I-2) on 16.2
acres with Conditional Use Planned Development to permit
exceptions to Ordinance requirements on this property and an
adjacent 14.2 acre parcel currently zoned General Industrial
(I-2). 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 30.4 acres fronting
approximately sixty-five (65) feet on the east line of Old
Stage Road and lying at the western terminus of Battery
Dantzler Road. Tax IDs 803-655-7389, 803-656-9752 and 804-
655-0597 and 2647 (Sheet 27).
03-959
11/25/03
Mr. Jacobson presented a summary of Case 03SN0318 and stated
the Planning Commission and staff recommend approval subject
to conditions and acceptance of the proffered conditions. He
noted the request conforms to the Consolidated Eastern Area
Plan.
Mr. Dean Hawkins, representing the applicant,
recommendation is acceptable.
stated the
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved Case 03SN0318 subject to the following conditions:
In conjunction with approval of this request, an
exception shall be granted to allow uses and accessory
uses on this property to be located a minimum of fifty
(50) feet from Tax IDs 803-655-7579, 7963 and 8949 and
803-656-5830 until such time as those parcels are zoned
for similar uses. (P)
o
Development shall not occur on the portion of the
property east of the power lines and adjacent to the
James River unless a hard-lined conveyance system is
constructed to the James River. (EE)
And, further,
conditions:
the Board accepted the following proffered
The public water and wastewater systems shall be used.
(u)
o
Prior to any site plan approval, a sixty (60) foot wide
right-of-way for a public road (~Battery Dantzler Road
Extended") from the current terminus of Battery Dantzler
Road to Old Stage Road shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. The exact location of this right-of-way shall
be approved by the Transportation Department. (T)
o
Direct access from the property to Old Stage Road shall
be limited to Battery Dantzler Road Extended. (T)
o
To provide for an adequate roadway system, the developer
shall be responsible for the following road
improvements:
Construction of two (2) lanes of Battery Dantzler
Road Extended from its current terminus to Old
Stage Road;
bo
Construction of additional pavement along Old Stage
Road at the Battery Dantzler Road Extended
intersection to provide right and left turn lanes
based on Transportation Department standards; and
Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the above improvements.
(T)
03-960
11/25/03
Prior to any site plan approval, a phasing plan for the
required road improvements as identified in Proffered
Condition 4 shall be submitted to and approved by the
Transportation Department. The approved phasing plan
shall require construction of Battery Dantzler Road
Extended from its current terminus to Old Stage Road, as
identified in proffered condition 4.a, prior to the
issuance of a certificate of occupancy. (T)
Upon the request of the Chesterfield County Department
of Parks and Recreation, the Owner shall dedicate a
minimum 100-foot wide, perpetual open-space access
easement along the James River frontage, to the County
of Chesterfield, running generally parallel to the James
River. (P&R)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
04SN0103
In Matoaca Magisterial District, GARY COLLINS requests
Conditional Use and amendment of zoning district map to
permit a model home in a Residential (R-12) District. The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for single family
residential use of 2.0 units per acre or less. This request
lies on 2.0 acres fronting approximately 450 feet on the west
line of Hensley Road, approximately 1,300 feet north of
Brandy Crest Drive. Tax ID 726-662-Part of 2430 (Sheet 23).
Mr. Jacobson presented a summary of Case 04SN0103 and stated
the Planning Commission and. staff recommend approval subject
to conditions.
Mr. Gary Collins 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 04SN0103 subject to the following conditions:
A temporary model home shall be permitted in a modular
unit provided such unit shall be utilized for a maximum
of 180 days from the date of approval of this request.
At the end of the 180 days, the temporary sales trailer
shall be removed and the temporary model home may be
located within a permanent dwelling on the property.
(p)
o
The model home shall only be used to market the
development (Collington Subdivision) in which it is
located and shall not be used for the sale of lots or
houses outside iof the development (Collington
Subdivision) in which lit is located. (P)
o
The model home shall not be the primary real estate
office for the company marketing the development. (P)
03-961
11/25/03
The model home shall be incidental to construction
activity taking place within the development (Collington
Subdivision). (P)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
04SN0114
In Dale Magisterial District, BALZER & ASSOC. INC. requests
amendment to zoning (Case 97SN0269) and amendment of zoning
district map relative to tree preservation strip. The
Comprehensive Plan suggests the property is appropriate for
residential use of 1 to 2.5 units per acre. This request
lies in a Residential (R-9) District on 0.3 acre and is known
as 9636 Lockberry Ridge Loop. Tax ID 779-665-9486 (Sheet
26).
Mr. Jacobson presented a summary of Case 04SN0114 and stated
the Planning Commission recommended approval and acceptance
of the proffered condition.
Mr. Warren recognized Mr. R. M. ~Dickie" King, Jr., newly
elected Bermuda District Supervisor, who was present at the
meeting.
Ms. Kristen Keatley, 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 Mr. McHale, the Board
approved Case 04SN0114 and accepted the following proffered
condition:
A twenty-four (24) foot tree preservation strip shall be
maintained along the southern property line adjacent to the
existing residential lots within Salem Woods, Section ~E".
All trees eight (8) inches in caliper or greater shall be
retained except that dead, diseased or dying trees eight (8)
inches or greater in caliper may be removed. This tree
preservation area shall be exclusive of easements. For lots
adjacent to existing residential lots within salem Woods,
Section ~E", a minimum rear yard setback of 25 feet (R-12
standard) shall be provided exclusive of the tree
preservation strip. (P)
(Staff Note: This proffered condition supersedes Proffered
Condition 15 of Case 97SN0269 for the request property only.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
0~SN0130
In Matoaca Magisterial District, VERIZON WIRELESS requests
amendment to Conditional Use Planned Development (Case
02SN0217) and amendment of zoning district map relative to
the time limitation for a temporary communications tower.
03-962
11/25/03
The density of such amendment will be controlled by zoning
conditions or Ordinance ~standards. The Comprehensive Plan
suggests the property is appropriate for residential use on
1-5 acre lots, suited to R-88 zoning. This request lies on
3.7 acres fronting approximately 375 feet on the north line
of Trents Bridge Road, als() fronting approximately 375 feet
on the west line of River Road and located in the northwest
quadrant of the intersection of these roads. Tax ID 754-624-
6621 (Sheet 40).
Mr. Jacobson presented a summary of Case 04SN0130 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered condition.
Mr. Chuck Rothenberg, representing the applicant, stated the
recommendation is acceptable.
Mr. Warren called for public comment.
No one came forward to speak to the request.
After brief discussion, on motion of Mrs. Humphrey, seconded
by Mr. McHale, the Board approved Case 04SN0130 and accepted
the following proffered condition:
This Conditional Use Planned Development shall automatically
expire on June 1, 2004. (P)
(Note: This Proffered Condition
Condition 4 of Case 02SN0217.)
supercedes
Proffered
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
04SR0156
In Matoaca Magisterial District, MARY H. BARLOW requests
renewal of Manufactured Home Permit 97SN0108 to park a
manufactured home in a Residential (R-7) District. The
density of this proposal is approximately 0.10 units per
acre. The Comprehensive Plan suggests the property is
appropriate for residential use of 1 - 5 acre lots. This
property is known as 6120 Matoaca Road. Tax ID 780-622-4266
(Sheet 41).
Mr. Jacobson presented a summary of Case 04SR0156 and stated
staff recommends approval for seven (7) years subject to
conditions. He further stated the applicant has requested
modification of Condition 1 that would allow the current
property owner's father to live in the manufactured home.
Ms. Mary Barlow, accompanied by her father, Mr. John Hubbard,
Jr., stated the recommendation is acceptable.
Mr. Warren called for public comment.
Ms. Mervis Farmer, adjoining property owner, stated she does
not support the request.
There being no one else
hearing was closed.
to speak to the request, the public
03-963
11/25/03
Mrs. Humphrey stated the applicant has met all conditions,
and she understands the applicant's desire for her father to
be allowed to live in the manufactured home.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
suspended its rules at this time to allow for the amended
condition.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
approved Case 04SR0156 for seven (7) years, subject to the
following conditions:
The applicant and/or the property owner (John M.
Hubbard, Jr.) shall be the occupant of the manufactured
home.
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.
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.
o
A minimum twenty (20) foot buffer shall be maintained
around the property boundary. Except for access through
this buffer, existing mature vegetation shall be
preserved and maintained, unless removal is approved by
the Planning Department. This condition shall not be
applicable to the removal of dead or diseased trees.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
O&SR0167
In Midlothian Magisterial District, IRVING F. DRAPER requests
renewal of Manufactured Home Permit 97SR0124 to park a
manufactured home in a Residential (R-7) District. The
density of this proposal is approximately 1.67 units per
acre. The Comprehensive Plan suggests the property is
appropriate for residential use. This property is known as
1410 Railroad Avenue. Tax ID 727-710-3162 (Sheet 5).
Mr. Jacobson presented a summary of Case 04SR0167 and stated
staff recommends approval for seven (7) years subject to
conditions.
Mr. Irving Draper stated the recommendation is acceptable.
Mr. Warren called for public comment.
Ms. Alice Miller stated she supports the request, but
expressed concerns relative to the sign referring to rezoning
of the property.
03-96&
11/25/03
Mr. Jacobson stated the zoning signs are used for mobile home
applications as well as rezoninHs. He further stated
approval of the request will allow the mobile home to remain
on the property another seven years, but does not affect any
other zoning of the area.
There beinH no one else to speak to the request, the public
hearing was closed.
On motion of Mr. Barber, seconded by Mr. McHale, the Board
approved Case 04SR0167 for seven (7) years, subject to the
following conditions:
The applicant shall be the owner and occupant of the
manufactured home.
Manufactured home permit shall be Hranted for a period
not to exceed seven (7). years from date of approval.
o
No lot or parcel may ibe rented or leased for use as a
manufactured home site nor shall any manufactured home
be used for rental property.
No additional permanent-type livinH 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.
17. PUBLIC HEARINGS
0 TO CONSIDER THE APPROPRIATION OF FUNDS RECEIVED FROM
THE DEPARTMENT OF MEDICAL ASSISTANCE SERVICES AND
AUTHORIZATION TO EXECUTE RELATED DOCUMENTS
Mr. Hammer stated this date, and time has been advertised for
a public hearing to consider the appropriation of funds
received from the Department of Medical Assistance Services
and authorization to execute related documents.
Mr. Warren called for public comment.
No one came forward to speak to the issue.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved the appropriation of funds, not to exceed
$12,000,000, from the Department of Medical Assistance
Services, and authorized the County Administrator to execute
the documents and complete the transaction.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-965
11/25/03
18. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS
02SN0259 (Amended) and 04SN0116
In Matoaca Magisterial District, SWIFT CREEK PARTNERS, LLC
request rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12) on 234.7 acres with
Conditional Use to allow private recreational facilities on
9.0 acres of the 234.7 acres. Residential use of up to 3.63
units per acre is permitted in a Residential (R-12) District.
The Comprehensive Plan suggests the property is appropriate
for single family residential use of 2.0 units per acre or
less. This request fronts approximately 1,600 feet on the
north line of Otterdale Road, approximately 2,100 feet east
of Woolridge Road and located at the western terminus of Fox
Club Parkway. Tax IDs 712-672-Part of 4372, 713-673-Part of
4247 and 713-675-1759 (Sheet 15).
In Matoaca Magisterial District, SWIFT CREEK PARTNERS, LLC
requests rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12) with Conditional Use
to permit recreational facilities. Residential use of up to
3.63 units per acre is permitted in a Residential (R-12)
District. The Comprehensive Plan suggests the property is
appropriate for single 6family residential use of 2.0 units
per acre or less. This request lies on 18.7 acres fronting
approximately 825 feet on the south line of Woolridge Road,
approximately 1,600 feet west of Fox Club Road. Tax ID 712-
676-4582 (Sheet 15).
Mr. Jacobson presented summaries of Cases 02SN0259 and
04SN0116 and stated staff has received additional proffered
conditions which provide for an additional 25-foot tree
preservation area and provide for a residential collector
road from Otterdale Road to Woolridge Road. He reviewed the
additional proffered condition relating to water quality. He
stated the Planning Commission and staff recommended approval
of both requests and acceptance of the proffered conditions,
indicating that the requests conform to the Upper Swift Creek
Plan as well as address the need for capital facilities.
Discussion ensued relative to the time difference between the
initial permit for the BMPs and actual construction of the
BMPs.
Mr. McElfish stated a combination of sediment control devices
will be used that will best achieve the 0.22 pounds per acre
per year phosphorous runoff limit. He further stated
Environmental Engineering staff will review all plans and
inspect the devices.
Mr. Jack Wilson, representing the applicant, stated the
applicant has addressed all issues raised by the Foxcroft
neighborhood by providing for reduced density and larger lot
sizes; an upscale amenities package; a minimum home space
requirement of 2,500 square feet; all exposed foundations to
be covered; all subdivision roads constructed with concrete
curb and gutter; and restrictive covenants governed by a
homeowners' association to ensure sustained quality of the
development. He stated the applicant has also provided an
additional 25-foot tree preservation strip and a collector
road from Otterdale Road to Woolridge Road.
03-966
11/25/03
Discussion ensued relative to the proposed stub road into the
Foxcroft neighborhood.
Mr. Wilson stated the applicant would prefer not to have the
stub road, and the Foxcroft residents do not want it. He
further stated the applicant would agree to withdrawing the
proffered condition relative to the stub road, or have the
Board delete it. He stated he does not feel the proposed
development will significantly impact school overcrowding
since the School Board is aggressively addressing this issue,
indicating that the cash proffers will generate approximately
$1.25 million for county schools. He further stated
transportation issues are ibeing addressed by providing for
improvements on Woolridge and Otterdale Roads; dedicating
adjacent land for future i~rovements on both of these roads;
constructing a residential collector road through the
proposed development; and providing $1 million for additional
transportation needs, such as improvements on Route 360. He
stated the applicant has agreed that initial access will be
via Woolridge Road to minimize the transportation impact. He
further stated the applicant is sensitive to the delay in the
approval process of the Regional BMP Plan, indicating that
the applicant has agreed~ to meet the current 0.22 pounds per
acre per year phosphorous runoff limit until such time as the
plan has been approved. He stated there are two
environmentally sensitive areas on the property, and the
applicant has provided for protection of these areas in the
development process to ensure protection of the reservoir.
He further stated the applicant has addressed all legitimate
concerns of the Foxcroft community; the Planning Commission
and staff recommend approval; and, other than general
concerns regarding growth in the county, there are no issues
remaining. He requested the Board's approval of the proposed
development.
Mr. Warren called for public comment.
Mr. David Bailey, attorney representing the adjacent
homeowners in Foxcroft Subdivision, stated the residents feel
the proffered conditions will satisfy their immediate needs
and they support the proposed project, contingent upon
deletion of the proffered condition relative to a stub road
into Foxcroft. He further stated the proffered conditions
relating to water quality are an excellent example for use by
future developments.
Mr. Frank Jovanello, a new resident in Hampton Park,
expressed concerns relative to the additional traffic that
will be generated by the proposed development.
Ms. Mandy Wilson, a resident of Hampton Park and member of
the Upper Swift Creek Task Force for Responsible Growth,
stated that business growth fosters diversity, new
opportunities and economic development, but she cannot
support additional residential ~rowth in the vicinity of the
proposed development beCause the infrastructure is not in
place to support it. She expressed concerns relative to
increased accidents on 0tterdale Road and the need to widen
Woolridge and Hull Street Roads, and stated the proposed
development will result!in an additional 3,638 trips every
day. She commended the !county for its proactive response in
I ,
addressing school overcrowding, but expressed concerns that
nothing is being do~e to address elementary school
03-967
11/25/03
overcrowding. She stated she feels new development cases
should be denied until sufficient measures have been put into
place to protect the reservoir. She expressed concerns
relative to uncontrolled growth and requested that the Board
deny the request.
Mr. Barber stated the Board has requested on several
occasions that the General Assembly provide the county with
adequate public facilities authority to require provision of
infrastructure prior to development. He suggested that Ms.
Wilson contact members of the county's legislative delegation
regarding growth related concerns.
Mr. Frank McDavid, President of the Southshore Property
Owners Association and member of the Upper Swift Creek Task
Force for Responsible Growth, expressed concerns that only
5.94 square miles of the county has been set aside as green
space, 4.68 square miles for public parks designated as green
space, and 1.26 square miles as woodlands, wetlands and
marshes, and indicated that 98.7 percent of the property in
the county is not protected. He requested that the Board
require the Planning Commission to undertake a more balanced
interpretation of the Comprehensive Plan as it reviews future
applications for Agricultural rezoning. He stated the task
force feels the use of build out projections distract from
the immediate reality of the county's overstressed
infrastructure, and it would be helpful to know that issues
impacting the quality of life in the county are under control
today. He further stated the task force is requesting that
infrastructure issues be balanced immediately between the
county's short and long-term solutions. He stated the Upper
Swift Creek Task Force will work with the Board to understand
the issues, their causes, and to actively support fresh
solutions.
Mr. Tom Pakurar expressed concerns that the cash proffer will
not adequately address the infrastructure necessary to
support the proposed development. He stated he feels a
financial plan to fund the necessary infrastructure should be
developed before additional growth occurs, indicating it
would be wise to delay the project until such a plan has been
developed. He requested the Board's leadership in solving
the neighborhood's growth issues.
Ms. Marlene Durfee, a Foxcroft resident and co-chair of the
Upper Swift Creek Task Force for Responsible Growth,
expressed concerns relative to lack of road infrastructure
complicated by lack of state funding, and stated the current
cash proffer policy does not adequately address
transportation costs. She stated county schools are severely
overcrowded at all levels, and the most powerful force in
complicating this issue is continued approval of residential
development. She further stated the county's transportation
system is overburdened by growth, and noted that updated
plans are critical for growth and development. She stated
there is no quick fix for the problems that took years to
grow, and she feels the Board must make changes and decisions
for the good of all citizens.
Ms. Kathy Kirk, a FoxFire resident and member of the Upper
Swift Creek Task Force for Responsible Growth, requested that
the Board consider alleviating the strain that has already
been put on the roads, schools and environment before adding
03-968
11/25/03
one more home to the burden the taxpayers are already facing.
She presented the Board with approximately 1,400 signatures
of citizens in opposition to the case. She expressed
concerns that the number of housing units built over the past
11 years in the MatoaCa District has grown 66 percent
compared with an average of 20 percent in the other four
districts of the county, indicatinH that the county's Hrowth
policies are inadequate. She implored the Board to use all
means available under the law to resolve the case in such a
way that directs the future of the area toward coping with
problems of congested roadways, overcrowded schools and a
threatened environment. She stated the task force is
actively working to promote leHislation for level of service
standards to address responsible Hrowth issues and to gain
permission for the county to accept impact fees volunteered
by developers of properties rezoned before the cash proffer
system was in place. She further stated the proposed
development will have a significant impact on infrastructure
in the area, and urged the Board to deny the request.
Mr. David Webb, a FoxFire resident, stated he feels growth
begets growth, and infrastructure never catches up. He
expressed concerns that Chesterfield is in danger of
repeating the same mistakes made by Fairfax County. He
stated citizens will become dissatisfied with the quality of
life as a result of unJnanaged growth and will leave the
county. He further stated cash proffers do as much as
possible under the current plan. He urged the Board to
update the Upper Swift Creek Plan before approving additional
residential rezoning and to deny, or at least defer, the
request until the cumulative impact of the additional 12,000
lots already approved and 'the additional 6,000 lots pendin~
approval in the Upper Swift Creek area has been studied.
Ms. Diana Parker, representing the Sierra Club, provided the
Board with a study indicating that Chesterfield County's
population has tripled since 1970. She stated it is
imperative that the Board take steps where possible to slow
growth until adequate facilities are available; follow the
Plan; and protect the watershed. She expressed concerns that
adding 387 homes will increase the need for extension of
roads that significantly impact creeks in the Swift Creek
Watershed.
Mr. Preston Cooper, representing Hands Across the Lake,
expressed concerns relative to protection of environmentally
sensitive areas on the subject property. He provided an
aerial photograph depicting sedimentation that occurs with
development and stated, if the property is developed, a
permanent BMP should be located on the property to provide
additional protection of the reservoir; any mitigation should
be done within the watershed; and soil should be retained
using new technology.
request until it
requirements.
He recommended that the Board deny the
is consistent with environmental
Mr. James
Association,
development
overcrowding and water quality threats.
to deny the request.
Adams, representing the Birkdale Community
expressed iconcerns relative to the proposed
contributing to traffic congestion, school
He urged the Board
03-969
11/25/03
Mr. David Robinson, Soil and Water Conservation District
Director-elect, requested that the Board not approve any
rezoning requests until the amendments to the erosion and
sediment control ordinance have been adopted and the regional
BMP plan has been approved. He expressed concerns relative
to the quality of life in the county due to lack of
infrastructure, and urged the Board to take a stand and not
overburden our infrastructure further. He provided details
of two letters from Senator Watkins to Attorney General Jerry
Kilgore - 1) requesting a legal opinion relative to the
necessity of statutory authority for a local governing body
to legally deny a zoning requested based on inadequate public
facilities; and 2) referring to an opinion provided to the
City of Chesapeake which appears to empower localities to
require adequate public facilities zoning prior to rezoning
or development of property by use of the local comprehensive
plan. He requested that the Board defer a decision on this
request until Senator Watkins receives an answer to his
request for a legal opinion, and that the Board be a leader
in the state and say Uno" to the proposed development.
Dr. Betty Hunter-Clapp expressed concerns relative to the
amount of growth the county's water supply can sustain, and
stated she does not feel the Board should approve this
project until this question can be answered. She stated the
task force has done an admirable job, and requested that the
Board listen to the members of the task force and deny the
request.
Mr. John Hughes, representing the Brandermill Community
Association, expressed concerns that the property drains
directly into the reservoir with no proposed downstream
Regional BMP and therefore, feels the applicant should be
required to build their own BMP facility. He also suggested
that the Board revise the water quality ordinance relative to
the 0.22 pounds per acre per year phosphorous runoff limit.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Warren requested a five-minute recess.
Reconvening:
Mr. Jack Wilson stated the project complies with the Upper
Swift Creek Plan and will generate over $3 million in cash
proffers from the development of 387 lots. He further stated
the developer has agreed to construct a $1 million road that
is on the county's Thoroughfare Plan and will also provide
valuable land for improvements on Woolridge and Otterdale
Roads. He stated the real estate taxes generated by the
proposed development will actually provide surplus tax
revenue to the county rather than draining its coffers. He
further stated the developer will be required to adhere to
the erosion and sediment control ordinance in effect at the
time the subdivision and engineering plans are presented;
therefore, there is no need to delay the case until the
ordinance has been amended. He stated the applicant has
adequately addressed environmental issues through a proffered
condition to deal with the phosphorous load run off, and
requested that the Board approve the proposed development.
03-970
11/25/03
When asked, Mr. McCracken stated he anticipates the county
will take over administration of construction of the Hull
Street Road widening project from the Virginia Department of
Transportation.
Discussion ensued relatiVe to the proposed arterial road and
other road improvements the developer has agreed to provide.
Mr. McCracken stated staff'~s concerns have been met by the
developer providing a connection to Woolridge Road and
traffic accessing as far !east on Woolridge as possible.
Ms. Joan Salvati, Water Quality Administrator, came forward
to answer questions relative to in-lake sedimentation as a
result of land disturbance from the proposed project. She
stated the proffered con!dition allows staff to provide more
than adequate erosion and sediment control measures. She
further stated the amended erosion and sediment control
ordinance will ensure that the proposed project maintains the
majority of its sediment on-site. She stated the proffered
condition also ensures that between the time the construction
of the project occurs and the regional BMP facilities are
installed, a post-development phosphorous load will not
exceed 0.22 pounds per acre per year. She noted that the
proposed regional BMPs will ensure that in-lake phosphorous
will not exceed the Board's mandate of 0.05 milligrams per
liter.
Mrs. Humphrey stated she feels it would be prudent to enact
an ordinance requiring construction site BMPs until the
regional BMP plan is in Place.
Ms. Salvati stated the amended erosion and sediment control
ordinance will require that sediment basins be maintained
until such time as regional BMPs are constructed.
Discussion ensued relative to phosphorous levels in the Swift
Creek Reservoir.
Mr. Warren inquired whether the Board has the authority to
require a developer to phase in growth over a certain period
of time.
Mr. Micas stated developers can agree through proffered
conditions to phase in their development. He further stated
the Board could also require phasing of growth in certain
areas through the county's Comprehensive Plan.
When asked, Mr. Micas stated the Board has the authority to
defer the case for 12 montlhs, which will expire in February
2004.
Mr. Jacobson stated the revised Upper Swift Creek Plan will
not be completed by FebrUary 2004.
Mr. Barber stated he had hoped the Board would have a
differentiated cash proffer policy by this time, and it
appears this tool willl also not be available by Feburary
2004; therefore, the request must be considered with the
tools currently available to the Board.
03-971
11/25/03
Discussion ensued relative to adequate public facilities
legislation.
Mr. Micas stated adequate public facilities legislation that
exists in Maryland and Florida generally deals with existing
deficits in public facilities before the application comes to
the governing body. He further stated, in Virginia, cash
proffers, construction proffers and land dedications are
designed to deal with the impacts created by proposed
developments. He stated the City of Chesapeake and Loudon
County have comprehensive plans that deal with phasing of
growth to meet the adequacy of public facilities.
Mrs. Humphrey stated she feels the General Assembly should
hold a public hearing regarding adequate public facilities
legislation. She further stated she will assist the task
force in meeting with the county's legislative delegation to
discuss citizens' needs as we deal with growth. She stated
the Foxcroft residents have requested that the Board delete
the proffered condition relative to the connector road into
Foxcroft and accept the developer's amended proffered
condition to provide a connection to Woolridge Road.
Mrs. Humphrey made a motion, seconded by Mr. McHale, for the
Board to suspend its rules to accept the amended proffered
conditions for Cases 02SN0259 and 04SN0116.
Mr. Wilson summarized the amended proffered conditions for
both cases.
Mr. Warren called for a vote on the motion of Mrs. Humphrey,
seconded by Mr. McHale, for the Board to suspend its rules to
accept the amended proffered conditions for Cases 02SN0259
and 04SN0116.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mrs. Humphrey then made a motion, seconded by Mr. Miller, for
the Board to delete Proffered Condition 4.b. relative to the
Fox Club Parkway connector; delete Proffered Conditions 20
and 21 relative to the connector road; approve Case 02SN0259
and accept the remaining proffered conditions, as amended.
Mr. Barber expressed concerns relative to Ms. Kathy Kirk's
comments regarding the growth rate of the Matoaca District
compared with the other districts in the county. He stated
the Board is legally required to approve zoning cases that
comply with the county's Comprehensive Plan, indicating he
will reluctantly support the proposed development.
Mr. Miller stated he feels the Board must approve the
proposed development because it complies with the Upper Swift
Creek Plan and both the Planning Commission and staff
recommend approval. He further stated he feels the Board
needs to revise the Comprehensive Plan and provide itself
with additional tools to review zoning cases. He stated he
will support the proposed development.
Mr. McHale stated there are many areas in the county that are
challenged with inadequate public facilities and indicated if
he were free to do so, he would vote to put a stop to growth.
He further stated, as elected officials, Board members are
03-972
11/25/03
obliged to obey the law when making decisions. He stated he
is frustrated that the Board has been unable to receive
support from the General Assembly relative to adequate public
facilities legislation. He further stated it is clear that
the Board has no choice but to approve the case as it is
currently crafted, and urged the residents to express their
concerns to the county's legislative delegation.
Mr. Warren then called for a vote on the motion of Mrs.
Humphrey, seconded by Mr. Miller, for the Board to delete
Proffered Condition 4.b. relative to the Fox Club Parkway
connector; delete Proffered Conditions 20 and 21 relative to
the connector road; approve Case 02SN0259 and accept the
following remaining proffered conditions:
1. A maximum of 379 lots shall be permitted. (P)
o
The public water and wastewater systems shall be used.
(u)
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)
o
In conjunction with recordation of the initial
subdivision plat, a sixty (60) foot wide right-of-way
for a residential collector street shall be dedicated,
free and unrestricted, to and for the benefit of
Chesterfield County (the ~Residential Collector
Street"). The exact location of this right-of-way shall
be approved by the Transportation Department. The
right-of-way for the Residential Collector Street shall
be as follows:
from Otterdale Road to the northern property line
adjacent to Property Identified as Tax ID
71267645820000. (T)
Staff Note: Not accepted.
In conjunction with recordation of the initial
subdivision plat, forty-five (45) feet of right-of-way
on the east side of 0tterdale Road, measured from the
centerline of that part of Otterdale Road immediately
adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
Direct access from the property to 0tterdale Road shall
be limited to one (1) public road. The exact location
of this access shall be approved by the Transportation
Department. (T)
To provide an adequate roadway system at the time of
complete development, the owner/developer shall be
responsible for the following:
Construction of additional pavement along Otterdale
Road at the public road intersection to provide
left and right turn lanes, based on Transportation
Department standards;
03-973
11/25/03
o
10.
11.
12.
Construction of two (2) lanes of the Residential
Collector Street as described in Proffered
Condition 4;
Construction of a three (3) lane typical section
(i.e., one (1) eastbound lane and two (2) westbound
lanes) for the public road at its intersection with
Otterdale Road. The exact length of this
improvement shall be approved by the Transportation
Department; and
Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. Provided, however, in the event the
developer is unable to acquire any ~off-site"
right-of-way that is necessary for any improvement
described in 7(a), the developer may request, in
writing, that the County 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 only be required to provide
required road improvements within available right-
of-way as determined by the Transportation
Department. (T)
Prior to any construction plan, a phasing plan for the
required road improvements, as identified in Proffered
Condition 7, shall be submitted to and approved by the
Transportation Department. (T)
The exposed surfaces of the foundations of each dwelling
shall be covered with brick or stone veneer or exterior
insulation and finishing systems (EIFS) materials. (P)
Ail dwellings shall have a minimum gross floor area of
2,500 square feet. (P)
A fifty (50) foot buffer required in accordance with the
Subdivision Ordinance along Otterdale Road shall be
located within recorded open space. A thirty-five (35)
foot buffer required in accordance with the Subdivision
Ordinance along the Residential Collector Street shall
be located within recorded open space. (P)
The applicant, subdivider, or assignee(s) shall pay the
following to the County of Chesterfield prior to the
issuance of each building permit for infrastructure
improvements within the service district for the
property;
so
$7,800 per lot, if paid prior to July 1, 2002; or
The amount approved by the Board of Supervisors not
to exceed $7800.00 per lot adjusted upward by any
increase in the Marshall and Swift building cost
index between July 1, 2001, and July 1 of the
fiscal year in which the payment is made if paid
after June 30, 2002; and
In the event the cash payment is not used for the
purpose for which proffered within 15 years of
receipt, the cash shall be returned in full to the
03-974
11/25/03
13.
14.
15.
16.
payor. (B&M)
Ail lots shall have a minimum area of 15,000 square
feet. (P)
To the extent permitted by the Transportation Department
and VDOT, in conjunction with the construction of the
internal road network, three (3) traffic islands/circles
shall be provided. The exact design and location of
these traffic islands/circles shall be approved by the
Transportation Department. (T)
Recreational Facilities. Any recreational facilities
shall be subject to the following restrictions:
a)
b)
c)
d)
e)
f)
g)
n)
There shall be no outside public address systems or
speakers.
With the exception of playground areas which
accommodate swings, jungle ~yms, or similar such
facilities, all outdoor play fields, courts,
swimming pools and similar active recreational
areas shall be located a minimum of one hundred
(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.
Within the one hundred (100) foot and fifty (50)
foot setbacks, a fifty (50) foot buffer shall be
provided along the perimeter of all active
recreational facilities except where adjacent to
any existing or proposed roads. This buffer shall
conform to the requirements of the Zoning Ordinance
for fifty (50) foot buffers.
Any playground areas (i.e., areas accommodating
swings, jungle gyms or similar such facilities)
shall be located a minimum of forty (40) feet from
all property lines. A forty (40) foot buffer shall
be provided along the perimeter of these
recreational facilities except where adjacent to
any existing or proposed roads. This buffer shall
conform to the requirements of the Zoning Ordinance
for fifty (50) foot buffers.
Nothing herein shall prevent development of indoor
facilities and/or parking within the one hundred
(100) foot setback.
Exterior lighting for recreational uses shall
comply with Section 19-573 of the Zoning Ordinance,
and the maximum height for light posts shall not
exceed twenty (20) feet.
The location of all active recreational uses shall
be identified in conjunction with the submittal of
the first tentative subdivision plan.
In conjunction with the recordation of any lot
adjacent to active recreational area(s), such
area(s) shall be identified on the record plat
along with the proposed recreational uses and
required conditions. (P)
A minimum of fifty (50) feet of common open space shall
be maintained adjacent to Foxcroft Subdivision. Except
for utilities, pedestrian/bicycle paths and roads which
run generally perpendicular through the buffer, there
shall be no uses permitted in the buffer. Except where
03-975
11/25/03
17.
18.
19.
20.
21.
22.
necessary to provide the uses stated herein, any healthy
trees that are six (6) inches or greater in caliper
shall be retained unless removal is approved through the
subdivision process. (P)
The developer shall notify the last known representative
of the Foxcroft Homeowners Association on file with the
Planning Department of the submission of tentative
subdivision plans. Such notice shall occur at least
twenty-one (21) days prior to the approval of such
plans. The developer shall provide the Planning
Department with a copy of the notice. (P)
Construction traffic for development of the subdivision
shall be prohibited on Fox Club Parkway through Foxcroft
Subdivision. (P)
(NOTE: This does not preclude construction traffic
necessary to install utilities within, or build, Fox
Club Parkway within Foxcroft Subdivision.)
Public subdivision roads, except for the Residential
Collector Street, shall be constructed with concrete
curb and gutter. (EE)
Staff Note: Not accepted.
Staff Note: Not accepted.
At a minimum, the following restrictive covenants shall
be recorded for the development:
Architectural Board
The Architectural Board shall have exclusive
jurisdiction over all original construction,
modifications, additions or alterations made on or to
all existing improvements, and the open space, if any,
appurtenant thereto on all property. It shall prepare
and, on behalf of the Board of Directors, shall
promulgate design and development guidelines and
application and review procedures, all as part of the
design and environmental standards. The standards shall
incorporate all restrictions and guidelines relating to
development and construction contained in this
Declaration as well as restrictions and guidelines with
respect to location of structures upon property, size of
structures, driveway and parking requirements,
foundations and length of structures, and landscaping
requirements. Copies shall be available from the
Architectural Board for review. The guidelines and
procedures shall be those of the Association, and the
Architectural Board shall have sole and full authority
to prepare and to amend the standards available to
Owners, builders, and developers who seek to engage in
development of or construction upon property within
their operations strictly in accordance therewith. The
Architectural Board shall initially consist of three (3)
members, all appointed by the Declarant. At such times
as fifty percent (50%) of all property within subject
property has been developed, improved, and conveyed to
purchasers in the normal course of development and sale,
the Board of Directors of the Association shall have the
03-976
11/25/03
right to appoint a maximum of two (2) additional
members. At no time shall the Architectural Board have
fewer than three members nor more that five (5) members.
At such time as one hundred percent (100%) of all
property has been developed, improved, and conveyed to
purchasers in the normal course of development and sale,
the Board of Directors shall appoint all members of the
Architectural Board. The declarant may, at his option,
delegate to the Board of Directors its right to appoint
one or more members of the Architectural Board. At all
times, at lease one (1) member of the Architectural
Board shall be a member of the Association, and at least
one (1) member shall be an architect licensed to
practice in the State of Virginia, who shall also be the
Chairperson.
Mailboxes
Every improved lot shall be required to have a mailbox
with supporting post and street light of design and
installation as specified in the standards. Each lot
owner shall be responsible for the maintenance and
operation of the fixture, support, and mailbox.
Parking
Each property owner shall provide space for the parking
of automobiles off public streets prior to the occupancy
of any building or structure constructed on said
property in accordance with the standards.
Garages
Ail dwellings will have side or rear loaded garages.
Signs
No signs shall be erected or maintained on any property
by anyone including, but not limited to, the owner, a
realtor, a contractor, or a subcontractor, except as
provided for in the standards or except as may be
required by legal proceedings. Residential property
identification and like signs not exceeding a combined
total of more than one (1) square foot may be erected
without the written permission of the Declarant or the
Association.
Condition of Ground
It shall be! the responsibility of each property owner
and tenant to prevent the development of any unclean,
unsightly, or unkempt conditions of buildings or grounds
on such property which shall tend to substantially
decrease the beauty of the neighborhood as a whole or
the specific area.
Minimum Square Footage
No plan required under these Covenants will be approved
unless the proposed house or structure has a minimum
square footage of enclosed dwelling space as specified
in the standards. Such minimum requirement for each lot
will be specified in each sales contract and stipulated
03-977
11/25/03
in each deed. The term "enclosed dwelling area" as used
in these minimum size requirements does not include
garages, terraces, decks, open porches, and the like
areas.
Residential Use
a)
b)
c)
Ail lots shall be used for residential purposes
exclusively. The use of a portion of a dwelling on
a lot as an office by the owner or tenants thereof
shall be considered a residential use if such use
does not create customer or client traffic to and
from the lot. No structure, except as herein after
provided, shall be erected, altered, placed, or
permitted to remain on any lot other than one (1)
detached single family dwelling and one (1)
accessory building which may include a detached
private garage, provided the use of such accessory
building does not overcrowd the side and provided
further that such building is not used for any
activity normally conducted as business. Such
accessory building may not be constructed prior to
the construction of the main building.
A guest suite or like facility without a kitchen
may be included as part of the main dwelling or
accessory building, but such suite may not be
rented or leased except as part of the entire
premises including the main dwelling and provided,
however, that such suite would not result in
overcrowding of the site.
The provisions of this paragraph shall not prohibit
the Developer from using a house as a model as
provided in this Declaration.
Exterior Structure Completion
The exterior of all house and other structures must be
completed within one (1) year after the construction of
same shall have commenced, except where such completion
is impossible or would result in great hardship to the
owner or builder due to the strikes, fires, national
emergency, or natural calamities. Houses and other
dwelling structures may not be temporarily or
permanently occupied until the exteriors thereof have
been completed. During the continuance of construction
the owner of the lot shall require the contractor to
maintain the lot in a reasonably clean and uncluttered
condition.
Screened Areas
Each lot owner shall provide a screened area to serve as
a service yard and an area in which garbage receptacles,
fuel tanks or similar storage receptacles, electric and
gas meters, air conditioning equipment, clotheslines,
and other unsightly objects much be placed or stored in
order to conceal them from view from the road and
adjacent properties. Plans for such screened area
delineating the size, design, texture, appearance, and
location must be approved by the Architectural Board
prior to construction. Garbage receptacles and fuel
tanks may be located outside of such screened area only
if located underground.
03-978
11/25103
Vehicle Storage
No mobile home, trailer, tent, barn, or other similar
out-building or structure shall be placed on any lot at
any time, either temporarily or permanently. Boats,
boat trailers, campers, recreational vehicles, or
utility trailers may be maintained on a lot, but only
when in an enclosed or screened area approved by the
Architectural Board such that they are not generally
visible from adjacent properties.
Temporary Structures
No structure of a temporary character shall be placed
upon any lot at any time provided, however, that this
prohibition shall not apply to shelter or temporary
structures used by the contractor during the
construction of the imain dwelling house, it being
clearly understood that these latter temporary shelters
may not at any time be used as residences or permitted
to remain on the lot after completion of construction,.
The design and color of structures temporarily placed on
the lot by a contractor shall be subject to reasonable
aesthetic control by the Architectural Board.
Antennas
No television antenna, radio receiver or sender, or
other similar device shall be attached to or installed
on the exterior portion of any building or structure or
any lot except that should cable television services be
unavailable and good television reception not be
otherwise available, a lot owner may make written
application to the Association for permission to install
a television antenna and such permission shall not be
unreasonably withheld.
Further Subdivision
No lot shall be subdivided or its boundary lines
changed, nor shall applications for same be made to
Chesterfield County, except with the written consent of
the Declarant. However, the Declarant hereby expressly
reserves to itself, its successors, or assigns the right
to replat any lot or lots owned by it and shown on the
plat of any subdivision in order to create modified
building lot or replatted lot suitable and fit as a
building site including, but no limited to, the
recreational facilities, and other amenities to conform
to the new boundaries of said replatted lots, provided
that no lot originally shown on a recorded plat is
reduced to a size smaller than the smallest lot shown on
the first plat of the paragraph shall not prohibit the
combining of two (2) or more continuous lots into one
(1) larger lot, only the exterior boundary lines of the
resulting larger lot shall be considered in the
interpretation of these covenants.
Animals
Only common househOld pet animals shall be permitted.
All pet animals must be secured by a leash or lead, or
03-979
11/25/03
23.
24.
25.
be under the control of a responsible person and
obedient to that person's command at any time they are
permitted outside a residence or other enclosed area
upon a lot approved by the Architectural Board for the
maintenance and confinement of pet animals. No
livestock including cattle, horses, sheep, goats, pigs,
or poultry shall be permitted upon any lot. After
giving a lot owner written notice of complaint and
reasonable opportunity to remedy the situation, the
Board of Directors may order the removal of any pet
which has been a nuisance or a danger.
Section 14 - Motor Bikes Ail Terrain Vehicles
No motor bikes, motorcycles, or all terrain vehicles
shall be driven upon the common area, lots, or roads
(unless properly licensed on roads) with the exception
of licensed vehicles and mopeds which shall be operated
solely upon the public streets for direct ingress and
egress purposes only.
External Lighting
No external lighting shall be installed or utilized on
any property which is of such character, intensity, or
location as to interfere with the use, enjoyment, and
privacy of any lot or owner in the near vicinity. No
neon or flashing lights shall be permitted. Ail
external lighting shall be approved by the Architectural
Board as appropriate in size, location, color, and
intensity.
Swimming Pools
No swimming pool, whether in ground or above ground,
whether permanent or temporary, shall be installed upon
any lot without the prior written consent of the
Architectural Board. The Architectural Board shall
require that all swimming pools be adequately screened.
Rules and Regulations.
The Board of Directors is granted and shall have the
power to promulgate rules and regulations, from time to
time, governing the use of and activity upon the Common
Area and the Recreational Facilities (if the
Recreational Facilities are owned or leased by the
Association). Ail rules and regulations promulgated by
the Board of Directors shall be published and
distributed to each member of the Association at least
thirty (30) days prior to their effective date. (P)
Ail dwellings will have side or rear loaded garages.
(P)
Initial access for development of the property shall be
provided through the adjacent parcel to the North (Tax
ID 712676458200000) to Woolridge Road. (T)
A twenty-five (25) foot tree preservation strip within
the proposed lots shall be maintained along the eastern
boundary of the common open space described in Proffered
Condition 16. This shall not include a tree
03-980
11/25/03
preservation strip along the northern boundary of the
common open space described in Proffered Condition 16.
Utility easements and right-of-ways shall be permitted
to cross this strip in a perpendicular fashion. Any
healthy trees that are six (6) inches in caliper or
greater shall be retained within this tree preservation
strip except where removal is necessary to accommodate
the improvements permitted by the preceding sentence.
This condition shall not preclude the removal of
vegetation from the tree preservation strip that is
unhealthy, dying or diseased. (P)
26.
The developer shall leave in place temporary sediment
control devices and/or construct new BMP's or
combinations of BMP's which would achieve a maximum
phosphorous runoff limit of 0.22 pounds per acre per
year until Chesterfield County obtains its initial
permit for the implementation of the Upper Swift Creek
Watershed Plan. (EE)
Ayes: McHale, Barber, Humphrey and Miller.
Nays: Warren.
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
approved Case 04SN0116 and accepted the following proffered
conditions:
1. A maximum of 8 lots shall be permitted. (P)
o
The public water and wastewater systems shall be used.
(u)
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)
In conjunction with recordation of the initial
subdivision plat, forty-five (45) feet of right-of-way
on the south side of Woolridge Road, measured from the
centerline of that pa:ct of Wootridge Road immediately
adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
Direct access from the property to Woolridge Road shall
be limited to one (1) public road. The exact location of
this access shall be approved by the Transportation
Department. (T)
To provide an adequate roadway system at the time of
complete development, the owner/developer shall be
responsible for the!following:
Construction of additional pavement along Woolridge
Road at the Public road intersection to provide
left and right turn lanes, based on Transportation
Department standards;
bo
Construction of a three (3) lane typical section
( i. e. , one (1) southbound lane and two ( 2 )
03-981
11/25/03
o
10.
11.
northbound lanes) for the public road at its
intersection with Woolridge Road. The exact length
of this improvement shall be approved by the
Transportation Department;
Construction of two (2) lanes of the public road as
a residential collector street from Woolridge Road
to the southern property line;
Widening/improving the south side of Woolridge Road
to an eleven (11) foot wide travel lane, measured
from the centerline of the road, with an additional
one (1) foot wide paved shoulder plus a seven (7)
foot wide unpaved shoulder, with modifications
approved by the Transportation Department, for the
entire property frontage; and
eo
Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. Provided, however, in the event the
developer is unable to acquire any "off-site"
right-of-way that is necessary for any improvement
described in 6.a., the developer may request, in
writing, that the County 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 only be required to provide
required road improvements within available right-
of-way as determined by the Transportation
Department. (T)
Prior to any construction plan approval, a phasing plan
for the required road improvements, as identified in
Proffered Condition 6, shall be submitted to and
approved by the Transportation Department. (T)
The exposed surfaces of the foundations of each dwelling
shall be covered with brick or stone veneer or exterior
insulation and finishing systems (EIFS) materials. (P)
Ail dwellings shall have a minimum gross floor area of
2,500 square feet. (P)
A fifty (50) foot buffer required in accordance with the
Subdivision Ordinance along Woolridge Road shall be
located within recorded open space. (P)
The applicant, subdivider, or assignee(s) shall pay the
following to the County of Chesterfield prior to the
issuance of each building permit(s) for infrastructure
improvements within the service district for the
property:
a. $9,000 per lot, if paid prior to July 1, 2003; or
The amount approved by the Board of Supervisors not
to exceed $9,000 per lot adjusted upward by any
increase in the Marshall and Swift building cost
03-982
11/25/03
12.
13.
index between July 1, 2002 and July 1 of the fiscal
year in which the payment is made if paid after
June 30, 2003; and
In the event the cash payment is not used for the
purposes for whiclh proffered within 15 years of
receipt, the cash shall be returned in full to the
payor. (B&M)
Ail lots shall have a minimum area of 15,000 square
feet. (P)
Recreational Facilities. Any recreational facilities
shall be subject to the following restrictions:
There shall be no outside public address systems or
speakers.
bo
With the exception of playground areas which
accommodate swings, jungle gyms, or similar such
facilities, all outdoor play fields, courts,
swimming pools and similar active recreational
areas shall be located a minimum of one hundred
(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.
C ·
Within the one hundred (100) foot and fifty (50)
foot setbacks, a fifty (50) foot buffer shall be
provided along the perimeter of all active
recreational facilities except where adjacent to
any existing or proposed roads. This buffer shall
conform to the requirements of the Zoning Ordinance
for fifty (50) foot buffers.
do
Any playground areas (i.e., areas accommodating
swings, jungle gyms or similar such facilities)
shall be located a minimum of forty (40) feet from
all property lines. A forty (40) foot buffer shall
be provided along the perimeter of these
recreational facilities except where adjacent to
any existing or proposed roads. This buffer shall
conform to the re¢~irements of the Zoning Ordinance
for fifty (50) foot buffers.
so
Nothing herein shall prevent development of indoor
facilities and/or parking within the one hundred
(100) foot setback.
f o
Exterior lighting for recreational uses shall
comply with Section 19-573 of the Zoning Ordinance,
and the maximum height for light posts shall not
exceed twenty (20) feet.
The location of all active recreational uses shall
be identified in conjunction with the submittal of
the first tentative subdivision plan.
In conjunction with the recordation of any lot
adjacent to active recreational area(s), such
area(s) shall be identified on the record plat
03-983
11/25/03
14.
15.
16.
17.
along with the proposed recreational uses and
required conditions. (p)
The developer shall notify the last known representative
of the Foxcroft Homeowners Association on file with the
Planning Department of the submission of tentative
subdivision plans. Such notice shall occur at least
twenty-one (21) days prior to the approval of such
plans. The developer shall provide the Planning
Department with a copy of the notice. (p)
Public
street,
gutter.
roads, other than the residential collector
shall be constructed with concrete curb and
(EE)
Ail dwellings will have side or rear loaded garages.
(p)
At a minimum, the following restrictive covenants shall
be recorded for the development:
Architectural Board - The Architectural Board shall have
exclusive jurisdiction over all original construction,
modifications, additions or alterations made on or to
all existing improvements, and the open space, if any,
appurtenant thereto on all property. It shall prepare
and, on behalf of the Board of Directors, shall
promulgate design and development guidelines and
application and review procedures, all as part of the
design and environmental standards. The standards shall
incorporate all restrictions and guidelines relating to
development and construction contained in this
Declaration as well as restrictions and guidelines with
respect to location of structures upon property, size of
structures, driveway and parking requirements,
foundations and length of structures, and landscaping
requirements. Copies shall be available from the
Architectural Board for review. The guidelines and
procedures shall be those of the Association, and the
Architectural Board shall have sole and full authority
to prepare and to amend the standards available to
Owners, builders, and developers who seek to engage in
development of or construction upon property within
their operations strictly in accordance therewith. The
Architectural Board shall initially consist of three (3)
members, all appointed by the Declarant. At such times
as fifty percent (50%) of all property within subject
property has been developed, improved, and conveyed to
purchasers in the normal course of development and sale,
the Board of Directors of the Association shall have the
right to appoint a maximum of two (2) additional
members. At no time shall the Architectural Board have
fewer than three members nor more that five (5) members.
At such time as one hundred percent (100%) of all
property has been developed, improved, and conveyed to
purchasers in the normal course of development and sale,
the Board of Directors shall appoint all members of the
Architectural Board. The declarant may, at his option,
delegate to the Board of Directors its right to appoint
one or more members of the Architectural Board. At all
times, at least one (1) member of the Architectural
Board shall be a member of the Association, and at least
one (1) member shall be an architect licensed to
03-98&
11/25/03
practice in the State of Virginia, who shall also be the
Chairperson.
Mailboxes - Every improved lot shall be required to have
a mailbox with supporting post and street light of
design and installation as specified in the standards.
Each lot owner shall be responsible for the maintenance
and operation of the fixture, support, and mailbox.
Parking - Each property owner shall provide space for
the parking of automobiles off public streets prior to
the occupancy of any building or structure constructed
on said property in accordance with the standards.
Signs - No signs shall be erected or maintained on any
property by anyone including, but not limited to, the
owner, a realtor, a contractor, or a subcontractor,
except as provided for in the standards or except as may
be required by legal proceedings. Residential property
identification and like signs not exceeding a combined
total of more than one (1) square foot may be erected
without the written permission of the Declarant or the
Association.
Condition of Ground - It shall be the responsibility of
each property owner and tenant to prevent the
development of any unclean, unsightly, or unkempt
conditions of buildings or grounds on such property
which shall tend to substantially decrease the beauty of
the neighborhood as a whole or the specific area.
Minimum Square Footage - No plan required under these
Covenants will be approved unless the proposed house or
structure has a minimum square footage of enclosed
dwelling space as specified in the standards. Such
minimum requirement for each lot will be specified in
each sales contract and stipulated in each deed. The
term ~enclosed dwelling area" as used in these minimum
size requirements does not include garages, terraces,
decks, open porches, and the like areas.
Residential Use -
so
Ail lots shall be used for residential purposes
exclusively. The use of a portion of a dwelling on
a lot as an office by the owner or tenants thereof
shall be considered a residential use if such use
does not create customer or client traffic to and
from the lot. No structure, except as herein after
provided, shall ibe erected, altered, placed, or
permitted to remain on any lot other than one (1)
detached single family dwelling and one (1)
accessory building which may include a detached
private garage, provided the use of such accessory
building does not overcrowd the side and provided
further that such building is not used for any
activity normally conducted as business. Such
accessory building may not be constructed prior to
the construction of the main building.
bo
A guest suite or like facility without a kitchen
may be included as part of the main dwelling or
accessory building, but such suite may not be
03-985
11/25/03
rented or leased except as part of the entire
premises including the main dwelling and provided,
however, that such suite would not result in
overcrowding of the site.
The provisions of this paragraph shall not prohibit
the Developer from using a house as a model as
provided in this Declaration.
Exterior Structure Completion - The exterior of all
house and other structures must be completed within one
(1) year after the construction of same shall have
commenced, except where such completion is impossible or
would result in great hardship to the owner or builder
due to the strikes, fires, national emergency, or
natural calamities. Houses and other dwelling structures
may not be temporarily or permanently occupied until the
exteriors thereof have been completed. During the
continuance of construction the owner of the lot shall
require the contractor to maintain the lot in a
reasonably clean and uncluttered condition.
Screened Areas - Each lot owner shall provide a screened
area to serve as a service yard and an area in which
garbage receptacles, fuel tanks or similar storage
receptacles, electric and gas meters, air conditioning
equipment, clotheslines, and other unsightly objects
much be placed or stored in order to conceal them from
view from the road and adjacent properties. Plans for
such screened area delineating the size, design,
texture, appearance, and location must be approved by
the Architectural Board prior to construction. Garbage
receptacles and fuel tanks may be located outside of
such screened area only if located underground.
Vehicle Storage - No mobile home, trailer, tent, barn,
or other similar out-building or structure shall be
placed on any lot at any time, either temporarily or
permanently. Boats, boat trailers, campers,
recreational vehicles, or utility trailers may be
maintained on a lot, but only when in an enclosed or
screened area approved by the Architectural Board such
that they are not generally visible from adjacent
properties.
Temporary Structures - No structure of a temporary
character shall be placed upon any lot at any time
provided, however, that this prohibition shall not apply
to shelter or temporary structures used by the
contractor during the construction of the main dwelling
house, it being clearly understood that these latter
temporary shelters may not at any time be used as
residences or permitted to remain on the lot after
completion of construction. The design and color of
structures temporarily placed on the lot by a contractor
shall be subject to reasonable aesthetic control by the
Architectural Board.
Antennas - No television antenna, radio receiver or
sender, or other similar device shall be attached to or
installed on the exterior portion of any building or
structure or any lot except that should cable television
services be unavailable and good television reception
03-986
11/25/03
not be otherwise availalble, a lot owner may make written
application to the Association for permission to install
a television antenna and such permission shall not be
unreasonably withheld.
Further Subdivision - No lot shall be subdivided or its
boundary lines changed, nor shall applications for same
be made to Chesterfield County, except with the written
consent of the Declarant. However, the Declarant hereby
expressly reserves to itself, its successors, or assigns
the right to replat any lot or lots owned by it and
shown on the plat of any subdivision in order to create
a modified building lot or a replatted lot suitable and
fit as a building site including, but not limited to,
the recreational facilities, and other amenities to
conform to the new boundaries of said replatted lots,
provided that no lot originally shown on a recorded plat
is reduced to a size smaller than the smallest lot shown
on the first plat of the paragraph shall not prohibit
the combining of two (2) or more continuous lots into
one (1) larger lot, only the exterior boundary lines of
the resulting larger lot shall be considered in the
interpretation of these covenants.
Animals - Only common household pet animals shall be
permitted. All pet animals must be secured by a leash
or lead, or be under the control of a responsible person
and obedient to that person's command at any time they
are permitted outside a residence or other enclosed area
upon a lot approved by the Architectural Board for the
maintenance and confinement of pet animals. No
livestock including cattle, horses, sheep, goats, pigs,
or poultry shall be permitted upon any lot. After
giving a lot owner written notice of complaint and
reasonable opportunity to remedy the situation, the
Board of Directors may order the removal of any pet
which has been a nuisance or a danger.
Motor Bikes Ail Terrain vehicles - No motor bikes,
motorcycles, or all terrain vehicles shall be driven
upon the common area, lots, or roads (unless properly
licensed on roads) with the exception of licensed
vehicles and mopeds which shall be operated solely upon
the public streets for direct ingress and egress
purposes only.
External Lighting - No external lighting shall be
installed or utilized on any property which is of such
character, intensity, or location as to interfere with
the use, enjoyment, and privacy of any lot or owner in
the near vicinity. No neon or flashing lights shall be
permitted. All external lighting shall be approved by
the Architectural Board as appropriate in size,
location, color, and intensity.
Swimming Pools - No swimming pool, whether in ground or
above ground, whether permanent or temporary, shall be
installed upon any lot without the prior written consent
of the Architectural Board. The Architectural Board
shall require that all swimming pools be adequately
screened.
03-987
11/25/03
Rules and Regulations - The Board of Directors is
granted and shall have the power to promulgate rules and
regulations, from time to time, governing the use of and
activity upon the Common Area and the Recreational
Facilities (if the Recreational Facilities are owned or
leased by the Association). All rules and regulations
promulgated by the Board of Directors shall be published
and distributed to each member of the Association at
least thirty (30) days prior to their effective date.
(p)
18.
To the extent permitted by the Transportation Department
and VDOT, in conjunction with the construction of the
internal road work, one (1) traffic island/circle may be
provided. The exact design and location of this traffic
island/circle shall be approved by the Transportation
Department. (T)
19.
Prior to the recordation of more than 300 lots on this
parcel and on the parcels the subject of Case No.
02SN0259, at a minimum, the following recreational
facilities shall be provided and completed.
so
A twenty-five meter swimming pool
A 1,000 gross square foot accessory building for
the pool
A 150 foot by 250 foot active recreation playfield.
(p)
20.
The developer shall leave in place temporary sediment
control devices and/or construct new BMP's or
combinations of BMP's which would achieve a maximum
phosphorous runoff limit of 0.22 pounds per acre per
year until Chesterfield County obtains its initial
permit for the implementation of the Upper Swift Creek
Watershed Plan. (EE)
Ayes: McHale, Barber, Humphrey and Miller.
Nays: Warren.
03SN0162
In Clover Hill Magisterial District, RON WHEELER requests
rezoning and amendment of zoning district map from Corporate
Office (0-2) to Multifamily Residential (R-MF) with
Conditional Use Planned Development to permit exceptions to
Ordinance requirements. Residential use of up to ten (10)
units per acre is permitted in a Multifamily Residential (R-
MF) District. The Comprehensive Plan suggests the property
is appropriate for mixed use corridor use. This request lies
on 8.4 acres fronting approximately 670 feet on the east line
of Pocoshock Boulevard approximately 950 feet north of Hull
Street Road. Tax IDs 762-695-6591; 762-696-6401 and 6412;
and 763-696-Part of 0005 (Sheet 11).
Ms. Beverly Rogers presented a summary of Case 03SN0162 and
stated staff recommended denial because the application fails
to provide sufficient open space, buffers and sidewalks. She
further stated the Planning Commission recommended approval
subject to the condition and acceptance of the proffered
conditions, indicating that the use does comply with the
Route 360 Corridor Plan and, in their opinion, the proffered
03-988
11/25/03
conditions
project.
adequately address
a quality design of the
Mr. Andy Scherzer, representing the applicant, stated the
applicant has provided numerous proffered conditions to
address residents' concerns, and the Surreywood neighborhood,
Gateway Association and 360 East Corridor Committee support
the proposal. He further stated the Planning Commission's
recommendation is acceptable, and requested the Board's
support of the proposed development.
Mr. Warren called for public comment.
Mr. Roy Jessee stated he does not support the proposed
development and submitted a memorandum for the record stating
his objections, including increased hazardous traffic
conditions; inadequate cash proffers to remedy transportation
issues; a problematic overall density; failure to incorporate
high quality cluster design and site amenities; inadequate
requirements for site lighting; and ongoing drainage problems
affecting adjacent residential areas. He requested that the
Board deny the proposed development.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Scherzer stated the applicant has no control over safety
of the road, but does plan to address safety of the access.
He further stated the applicant has proffered a condition to
straighten out the curve on Pocoshock Boulevard, and
reiterated that the Planning Commission unanimously
recommended approval of the proposal.
When asked, Mr. Scherzer stated the proposed density is
commensurate with that of other similar developments. He
noted that the development will be limited to senior citizens
55 years of age and older.
Mrs. Humphrey inquired whether the road improvements will
result in a loss of property for Mr. and Mrs. Jessee.
Mr. Scherzer stated he feels the developer has agreed to
dedicate the ultimate right of way to straighten the curve on
Pocoshock Boulevard.
Mr. McCracken stated the applicant is providing a significant
amount of right of way, but he cannot guarantee that
sufficient right of way is being provided to straighten the
curve without acquiring additional property.
When asked, Mr. Scherzer stated the applicant has proffered a
condition relative to the architectural treatment of the
project. He further stated the developer has agreed to erect
light poles at a maximum of 15 feet. He stated the county
ordinance addresses lighting glare. He further stated the
developer has adequately provided for drainage that will not
affect the Jessees' property.
Discussion ensued relative
regarding lighting standards.
to the county's ordinance
Mr. Scherzer stated adjacent property owners will be notified
regarding the site plan and can appeal any issues they may
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have at that time. He further stated the applicant will make
every effort to adjust the lighting to alleviate its impact
upon the Jessees' home.
Mrs. Betty Jessee expressed concerns relative to reduced
setbacks and stated she feels the proposed density is too
high for the area.
Mr. William Gwathmey, property owner, stated all concerns
have been addressed by the developer, and he feels the
proposal is a perfect fit for the subject property.
Mr. Scherzer stated numerous community meetings were held and
the neighborhoods support the proposal, indicating that he
feels the development merits the Board's approval.
Mr. Warren stated he feels the proffered conditions address
the majority of the issues raised.
Mr. Warren then made a motion, seconded by Mr. Miller, for
the Board to approve Case 03SN0162 subject to one condition
and acceptance of the proffered conditions.
Mr. Miller requested that Mr. Scherzer follow through with
the Jessees regarding the lighting issue.
Mrs. Humphrey requested that staff provide a response to Mr.
and Mrs. Jessee's concerns indicating at what point these
issues will be addressed during the site plan process.
Mr. Warren called for a vote on his motion, seconded by Mr.
Miller, for the Board to approve Case 03SN0162 subject to the
following condition:
With the approval of this request, the Textual Statement
revised September 18, 2003, is approved. (P)
And, further,
conditions:
the Board accepted the following proffered
1. Public water and wastewater shall be used. (U)
The applicant, subdivider, or assignee(s) shall pay the
following, for infrastructure improvements within the
service district for the property, to the county of
Chesterfield prior to the issuance of building permit
for infrastructure improvements within the service
district for the property:
$4,815.00 per dwelling unit, if paid prior to July
1, 2003. At the time of payment, the $4,815.00 will
be allocated pro-rata among the facility costs as
follows: $598.00 for parks and recreation, $324.00
for library facilities, $3,547.00 for roads, and
$346.00 for fire stations; or
The amount approved by the Board of Supervisors not
to exceed $4,815.00 per dwelling unit pro-rated as
set forth above and 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.
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o
o
o
c o
In the event the cash payment is not used for which
proffered within 15 years of receipt, the cash
shall be returned in full to the payor. (B&M)
Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices installed. (EE)
Direct access from the property to Pocoshock Boulevard
shall be limited to one (1) public road. The exact
location of this access shall be approved by the
Transportation Department. (T)
Prior to any site plan approval, thirty-five (35) feet
of right-of-way on the east side of Pocoshock Boulevard,
measured from a revised centerline based on VDOT Urban
Collector standards (forty (40) miles per hour) as
approved by the Transportation Department, shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
To provide an adequate roadway system at the time of
complete development, the owner/developer shall be
responsible for the following:
Construction of additional pavement along Pocoshock
Boulevard at the approved access to provide a right
lane, if warranted, based on Transportation
Department standards;
Relocation of the ditch to provide an adequate
shoulder along the east side of Pocoshock Boulevard
for the entire property frontage;
C o
Dedication to Chesterfield County, free and
unrestricted, any additional right-of-way (or
easements) required for the improvements identified
above. (T)
Prior to any construction plan approval, a phasing plan
for the required road improvements, as identified in
Proffered Condition 6, shall be submitted to and
approved by the Transportation Department. (T)
Ail impervious areas shall drain to the southeastern
and/or the southwesterln portion(s) of the property. In
addition, the drainage system shall be designed to
capture runoff from the properties to the north, to the
extent practical as determined by the Department of
Environmental Engineering. If a retention pond or any
water quality pond is provided above ground, such pond
shall be designed as a wet pond. (EE)
Age restriction: Except as otherwise prohibited by the
Virginia Fair Housing Law, the Federal Housing Law, and
such other applicable federal, state, or local legal
requirements, dwelling units shall be restricted to
~housing for older persons" as defined in the Virginia
Fair Housing Law and shall have no persons under 19
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11/25/03
10.
11.
12.
13.
14.
15.
years of age domiciled therein (~Age-Restricted Dwelling
Units"). (P)
Virginia Condominium Act: Ail dwelling units on the
Property shall be condominiums as defined and regulated
by the Virginia Condominium Act, and all common areas
and improvements therein shall be maintained by a
condominium association. (P)
Open space/recreation area shall be provided as
generally depicted on the Master Plan, prepared by
Balzer & Associates, Inc., including a minimum of 0.47
acres in an area adjacent to the clubhouse to provide a
~focal point" to the project. Part of the area shall be
~hardscaped" and have other amenities that accommodate
and facilitate gatherings. The exact design and
location shall be approved by the Planning Department at
the time of site plan review. The clubhouse building
and its related recreational amenities shall be
developed concurrent with the first phase of
development. (P)
Development of the property shall be in substantial
conformance with the architectural appearance shown on
the elevations attached hereto as Exhibit UA" with
respect to the materials depicted, which are brick or
stone veneer, composition, hardiplank or vinyl siding,
and 20-year asphalt roof shingles. Development of the
property shall generally conform to the Master Plan with
respect to the general location of the clubhouse
building, open spaces, the orientation of buildings such
that the number of garage doors opening to any
individual street are minimized, and the clustering of
buildings. The location of roads, access, driveways and
parking areas need not be exactly as shown on the Master
Plan; however, the concepts of the Plan shall be
generally adhered to such as the orientation of dwelling
units to one another, to open spaces, and to rights of
way. (P)
Restriction on Children's Play Facilities: The common
area recreational amenities shall not include playground
equipment, play fields or other facilities primarily
associated with children's play. Adult facilities
including, but not limited to, putting greens,
shuffleboard, picnic and barbecue areas and gardens
shall be permitted. No swimming pools, basketball
courts or tennis courts will be permitted. (P)
Density: There shall be no more than forty-four (44)
units developed on the Property. (P)
Ail roads that accommodate general traffic circulation
through the development (the ~Public Roads"), as
determined by the Transportation Department, shall be
designed and constructed to VDOT standards and taken
into the State System. Setbacks from the Public Roads
shall be as identified for special access streets
pursuant to Section 19-505(b) of the Zoning Ordinance.
Prior to any site plan approval, forty (40) foot wide
rights of way for the Public Roads shall be dedicated,
free and unrestricted, to and for the benefit of
Chesterfield County. Prior to the issuance of an
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11/25/03
occupancy permit unless otherwise approved by the
Transportation Department, the Public Roads shall be
constructed and approved for State acceptance, as
determined by the Transportation Department. (T)
16.
Sidewalks shall be provided along all interior streets
generally as shown on the Master Plan. The treatment
and location of these sidewalks and the pedestrian trail
shall be approved by the Planning Department at the time
of site plan review. (P)
17.
Street trees in accordance with the requirements of the
Zoning Ordinance shall be installed along each side of
the interior roads and common driveways to include
entrance roads from public roads into the development.
If existing trees are maintained, they may be counted
toward this requirement.. (P)
18.
Landscaping shall be provided around the perimeter of
all buildings, between buildings and driveways, within
medians, and within common areas not occupied by
recreational facilities or other structures.
Landscaping shall comply with the requirements of the
Zoning Ordinance Sections 19-516 through 19-518(f).
Within the setback along Pocoshock Boulevard, a
landscape berm shall be installed in such a way as to
minimize the view of the garage doors from Pocoshock
Boulevard. Landscaping shall be designed to: minimize
the predominance of building mass and paved areas;
define private spaces; and enhance the residential
character of the development. The Planning Department,
at the time of site plan review, shall approve the
landscaping plan with respect to the exact numbers,
spacing, arrangement and species of plantings.
Landscaping along Pocoshock Boulevard shall, at a
minimum, comply with the requirements of Section 19-
518(g)(4) of the Zoning Ordinance for Perimeter
Landscaping C, Option I. Decorative fencing shall be
installed as follows: 1) generally parallel to Pocoshock
Boulevard within the front setback and 2) on the
proposed property line adjacent to the existing office
building parking lot. Landscaped areas and sodded lawns
shall be irrigated. (P)
19.
Light poles shall have a maximum height of fifteen (15)
feet. (P)
20. A six (6) foot solid fence shall be installed generally
adjacent to GPIN 763-696-8950. This fence shall be
constructed of vinyl/PVC resin. The exact design and
treatment shall be approved at the time of site plan
review. (P)
21. Visitor parking to accommodate overflow parking for
attached dwelling units shall be provided in the
residential development and shall provide a minimum of
six (6) parking spaces. The exact treatment and
location of the visitor parking shall be addressed at
the time of site plan review. (P)
22.
No dwelling unit shall exceed a height of one story.
(p)
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11/25/03
23.
24.
Common areas which are not contained within units and
public road right-of-ways shall conform to the
requirements of 19-559 of the Zoning Ordinance provided
however, that required information shall be submitted as
a part of the site plan process. (P)
Restrictive Covenants. The following provisions shall
be contained in restrictive covenants which shall be
recorded. Further, the following provisions in the
restrictive covenants shall not be modified or amended
for a period of at least twenty (20) years following
recordation:
1) No unit shall be used except for residential
purposes.
2)
No accessory buildings shall be erected, placed, or
permitted on the premise.
3)
No fences shall be erected on any portion of the
property except in accordance with the approved
site plans and specifications for construction, and
is further controlled through the proffered
conditions of the rezoning.
4)
No noxious or offensive activity shall be carried
on upon by any resident, nor shall anything be done
thereon which may be, or become, an annoyance or
nuisance to the neighborhood.
5)
No structure of a temporary character, trailer,
tent, shack, garage, or other outbuilding shall be
used at any time as a residence either temporarily
or permanently, and to this end, any building to be
constructed in this development shall be completed
within one year from the issue date of it's
building permit.
6)
NO CAMPERS, HOUSE TRAILERS, OR BOATS SHALL BE
PARKED on the premise. No skateboard platforms,
large dish television antennae (exceeding two feet
in diameter), or television or radio towers shall
be placed on the premise. No dish television
antennae shall be visible from the street for the
respective residence.
7)
No sign of any kind shall be displayed to the
public view on any yard except one professional
sign of not more than three square feet and one
sign of not more than five square feet advertising
the property for sale, and one sign of not more
than five square feet by a builder to advertise the
property during the construction and sales period.
8)
No animals, livestock, or poultry of any kind shall
be raised, bred, or kept on any lot except that
dogs, cats, or other household pets may be kept
therein if they are not kept, bred, or maintained
for any commercial purposes.
9)
No part of this development shall be used or
maintained as a dumping ground for rubbish, trash,
garbage, or other waste. No rubbish, trash,
03-99&
11/25/03
garbage, and other waste shall be kept by any unit
except in sanitary containers, and all equipment
for the storage or disposal of such material shall
be kept in a clean and sanitary condition. No
central dumpsters shall be provided.
10)
Each and every covenant and condition herein
imposed may be enforced by the undersigned or by
the owner of any unit by appropriate proceedings at
law or in equity against any party violating or
attempting or threatening to violate the same to
prevent or rectify such violation and to recover
damages therefore.
11)
The covenants and conditions herein contained shall
run with the land and shall be binding upon the
subsequent owner or owners of all or any unit and
each and every portion of the land shown on the
plat and all parties claiming through or under such
owner or owners.
12)
Ail dwelling units shall have washer and dryer
hookups.
13)
Ail residential dwelling units shall have an
attached garage containing a minimum of 200 gross
square feet.
14)
A mandatory homeowners' association shall be
created that slhall be responsible for the
maintenance of yards and exteriors of residential
dwelling units.
15)
Age restriction: Except as otherwise prohibited by
the Virginia Fair Housing Law, the Federal Housing
Law, and such other applicable federal, state, or
local legal requirements, dwelling units shall be
restricted to "ihousing for older persons" as
defined in the Virginia Fair Housing Law and shall
have no persons under 19 years of age domiciled
therein (~Age-Restricted Dwelling Units"). (P)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. McHale made a motion, seconded by Mr. Warren, for the
Board to suspend its rules to consider an item after 11:00
p.m.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
04SN0109
In Bermuda Magisterial District, PINEY BRANCH DEV CO requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12). Residential use of
up to 3.63 units per acre is permitted in a Residential (R-
12) District. The Comprehensive Plan suggests the property
is appropriate for residential use of 1.0 to 2.5 units per
acre. This request lies on 8.2 acres fronting approximately
355 feet on the south line of Carver Heights Drive,
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11/25/03
approximately 165 feet west of Branders Bridge Road.
781-650-Part of 8726 (Sheet 26).
Tax ID
Ms. Rogers presented a summary of Case 04SN0109 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions.
Ms. Tamsen Watson, representing the applicant, stated the
applicant has met with Mr. Cook who expressed concerns at the
Planning Commission meeting and has agreed to work with him
towards a solution to his drainage concerns. She further
stated the recommendation is acceptable.
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved Case 04SN0109 and accepted the following proffered
conditions:
The public water and wastewater system shall be used.
(u)
The applicant, subdivider, or assignee(s) shall pay the
following to the county of Chesterfield prior to the
issuance of building permit for infrastructure
improvements within the service district for the
property:
so
$9,000.00 per dwelling unit, if paid prior to July
1, 2003; or
The amount approved by the Board of Supervisors not
to exceed $9,000.00 per dwelling unit adjusted
upward by any increase in the Marshall and Swift
building cost index between July 1, 2002, and July
1 of the fiscal year in which the payment is made
if paid after June 30, 2003.
In the event the cash payment is not used for which
proffered within fifteen (15) years of receipt, the
cash shall be returned in full to the payor. (B&M)
The maximum density of this development shall not exceed
twenty (20) lots. (P)
Direct access from the property to Carver Heights Drive
shall be limited to one (1) public road. The exact
location of this access shall be approved by the
Transportation Department. (T)
In conjunction with recordation of the initial
subdivision plat, forty five (45) feet of right-of-way
along the southern line of Carver Heights Drive,
measured from the centerline of that part of Carver
Heights Drive immediately adjacent to the property,
shall be dedicated, free and unrestricted, to and for
the benefit of Chesterfield County. (T)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-996
11/25/03
19.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adjourned at 11:22 p.m. until December 11, 2003 at 5:30 p.m.
Ayes: Warren, McHale, Barber', Humphrey and Miller.
Nays: None.
Lane' B. Ramsey
County Administrator/
Arthur S. Warren
Chairman
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