01-28-2004 MinutesBOARD OF SUPERVISORS
MINUTES
January 28, 2004
Supervisors in Attendances
Mr. Kelly E. Miller, Chairman
Mr. Edward B. Barber, Vice Chrm.
Mrs. Renny B. Humphrey
Mr. R. M. "Dickie" King, Jr.
Mr. Arthur S. Warren
Mr. Lane B. Ramsey
County Administrator
Staff in Attendances
Colonel Carl R. Baker,
Police Department
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Mr. Craig Bryant, Dir.,
Utilities
Ms. Marilyn Cole, Asst.
County Administrator
Ms. Rebecca Dickson, Dir.,
Budget and Management
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
Major David Hutton,
Sheriff's Office
Mr. Thomas E. Jacobson,
Dir., Planning
Mr. H. Edward James,
Dir., Purchasing
Mr. Donald Kappel, Dir.,
Public Affairs
Ms. Kathryn Kitchen, Asst.
Supt. of Schools for
Business and Finance
Ms Mary Lou Lyle, Dir.,
Accounting
Mr Mike Mabe, Dir.,
Libraries
Mr R. John McCracken,
Dir., Transportation
Mr Richard M. McElfish,
Dir., Env. Engineering
Mr Steven L. Micas,
County Attorney
Mr. Francis Pitaro, Dir.,
General Services
Mr James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
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01/28/04
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Miller called the regularly scheduled meeting to order at
3:34 p.m.
1. APPROVAL OF MINUTES FOR JANUARY 14, 2004
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
approved the minutes of January 14, 2004, as submitted.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
2. COUNTY ADMINISTRATOR'S COUNTS
o DISTINGUISHED BUDGET PRESENTATION AWARD
Mr. Ramsey commended Ms. Dickson and staff of the Budget and
Management Department upon being awarded the Distinguished
Budget Presentation Award by the Government Finance Officers
Association of the United States and Canada (GFOA) for the
20th consecutive year.
3. BOARD COMMITTEE REPORTS
Mr. King stated he believes that managing growth and
increasing business in the county is the only way to assure
citizens the balance and the services they deserve. He
offered the Board a challenge to agree on the problems facing
the county, set goals, make them public and work to achieve
them. He stated he does not believe the ratio of business to
residential growth is occurring properly, and he thinks the
Board should do everything legally possible to maintain a
healthy growth rate without jeopardizing the local economy.
He further stated he would like to see the board, under Mr.
Miller's chairmanship, utilize creative partnerships with the
county's business community, the Historical Society and its
citizens to place Chesterfield County in the lead.
Mr. Warren stated he attended the grand opening of Richmond
Indoor Sports Experience, a large indoor soccer complex that
was built with private funding. He noted this is an
excellent example of a citizen partnership addressing a need
in the county.
Mrs. Humphrey stated the organization that built the soccer
facility received a small business loan from the Crater
Planning District Commission. She noted this is the first
time Crater has partnered with a family-oriented regional
business.
4. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE
ORDER OF PRESENTATION
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
added Item 5.C., Resolution Recognizing Mr. Vincent Keith
Fisher, Department of General Services, Upon His Retirement;
04 -53
01/28/04
added Item 10.D., Closed Session Pursuant to Section 2.2-
3711(A) (7), Code of Virginia, 1950, As Amended, for
Consultation with Legal Counsel Pertaining to Actual
Litigation in the Case of Amanda Padula Wilson, et al. v.
Board of Supervisors of Chesterfield County; and adopted the
Agenda, as amended.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
5. RESOLUTIONS AND SPECIAL RECOGNITIONR
5.A. RECOGNIZIN~ DR. FRANK DARPLI, ~NTAL
RETARDATION/SUBSTANCE ABUSE DEPARTMENT, UPON HIS
RETIREMENT
Mr. Braunstein introduced Dr. Frank Darpli who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Dr. Frank Darpli will retire on February 1,
2004 after providing 30 years of dedicated and faithful
service to Chesterfield County; and
WHEREAS, Dr. Darpli began his career with the
Chesterfield County Department of Mental Health, Mental
Retardation, and Substance Abuse in January 1974 as Director
of Adult Services; and
WHEREAS, Dr. Darpli performed admirably in various
leadership positions, including Mental Health Program
Evaluator, Director of Information Systems, and Manager of
Psychiatric Rehabilitation Services; and
WHEREAS, Dr. Darpli pioneered the development of
community-based mental health and substance abuse services in
Chesterfield County and innovative programs such as a novel
Intensive Supported Residential Service which successfully
reduced state hospital utilization; and
WHEREAS, Dr. Darpli developed and successfully
implemented the department's first automated Management
Information System, the foundations of which are still being
used to date; and
WHEREAS, Dr. Darpli provided outstanding leadership to
help create a comprehensive, fully integrated Psychiatric
Rehabilitation Services System for adults with serious mental
illness; and
WHEREAS, Dr. Darpli served as the founding President of
the nationwide CMHC Systems User's Group, leading efforts to
develop state-of-the-art software for the Mental Health,
Mental Retardation, and Substance Abuse field; and
WHEREAS, Dr. Darpli will be sorely missed for his
professional contributions as a champion for the rights and
dignity and service needs of adults with severe mental
illness and for his commitment to high quality mental health,
mental retardation, and substance abuse services to our
citizens.
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01/28/04
NOW, THEREFORE BE iT RESOLVED, that the Chesterfield
County Board of Supervisors, this 28tn day of January 2004,
publicly recognizes the contributions of Dr. Frank Darpli,
extends appreciation for his 30 years of dedicated service to
the county, and offers congratulations and best wishes for a
long and happy retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Dr. Darpli, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Miller presented the executed resolution and a Jefferson
Cup to Dr. Darpli, accompanied by Mr. Braunstein, expressed
appreciation for his dedicated service, and wished him a long
and happy retirement.
Dr. Darpli stated it has been an honor to serve the citizens
of Chesterfield County for 30 years. He expressed
appreciation for the exemplary support the Board has provided
for citizens with mental disabilities and urged the Board to
continue its support and to find ways to help these people
lead productive lives as citizens in the community.
5.B. RECOGNIZING MASTER OFFICER ROBERTO J. LOPEZ, POLICE
DEPARTMENT, UPON HIS RETIREMENT
Colonel Baker introduced Mr. Roberto J. Lopez who was present
to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Master Police Officer Roberto J. Lopez will
retire from the Chesterfield County Police Department on
February 1, 2004, after providing 25 years of quality service
to the citizens of Chesterfield County; and
WHEREAS, Officer Lopez has faithfully served the county
in the capacity of Patrol Officer, Investigator, Senior
Police Officer and Master Police Officer; and
WHEREAS, Officer Lopez is a 1998
Chesterfield County's TQI University; and
graduate of
WHEREAS, Officer Lopez served as a member of the Police
Quality Council from 1998 through 2000; and
WHEREAS, Officer Lopez has assisted the Department of
Motor Vehicles in an undercover capacity in two separate
incidents, which resulted in arrest and criminal convictions;
and
WHEREAS, Officer Lopez has served the department as a
valuable resource as a Spanish translator in literally
hundreds of incidents throughout the county; and
WHEREAS, Officer Lopez served the Hispanic Committee by
participation in the Hispanic Heritage Month celebration; and
04 -55
WHEREAS, Officer Lopez has received numerous letters of
thanks and appreciation for service rendered from the
citizens of Chesterfield County; and
WHEREAS, Officer Lopez has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
WHEREAS, Chesterfield County and the Board
Supervisors will miss Officer Lopez's diligent service.
of
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 28th day of January 2004,
publicly recognizes Master Police Officer Roberto J. Lopez,
and extends on behalf of its members and the citizens of
Chesterfield County, appreciation for his service to the
county, congratulations upon his retirement, and best wishes
for a long and happy retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Officer Lopez, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Miller presented the executed resolution and a Jefferson
Cup to Mr. Lopez, accompanied by his wife and Colonel Baker,
expressed appreciation for his dedicated service, and wished
him a long and happy retirement.
Colonel Baker expressed appreciation to Mr. Lopez for the
outstanding assistance he provided in many major
investigations.
Mr. Lopez stated it has been an enjoyable experience working
for the Chesterfield Police Department.
5.C. RECOGNIZING MI{. VINCENT KEiTH FISHER, DEPARTMENT OF
GENERAL SERVICES, UPON HIS RETIREMENT
Mr. Pitaro introduced Mr. Vincent Fisher who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. Vincent Keith Fisher joined the county on
August 3, 1976 in what was then called the county Sanitation
Division; and
WHEREAS, Mr. Fisher provided exemplary service to the
customers on his route throughout his 27 years of service;
and
WHEREAS, Mr. Fisher has furthered the county's recycling
efforts by collecting tons of used paper from the various
county facilities and schools; and
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01/28/04
WHEREAS, Mr. Fisher has worked during adverse weather
conditions to plow roads and clear walkways for citizens and
employees; and
WHEREAS, Mr.
Employee Advisory
Department; and
Fisher has served as a member of the
Committee for the General Services
WHEREAS, Mr. Fisher has frequently volunteered to help
with various neighborhood clean-up efforts and has always
been willing to do whatever was required to make the county a
better community; and
WHEREAS, Mr. Fisher was always a team player and could
be counted on to do more than IRis fair share; and
WHEREAS, the Waste and Resource Recovery Division enjoys
a high degree of customer satisfaction due to the customer
service efforts of Mr. Fisher.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 28tn day of January 2004,
publicly recognizes Mr. Vincent Keith Fisher; expresses
sincere gratitude and appreciation for his years of service
to the citizens of the county and his dedication to excellent
customer service; and extends congratulations on his
retirement and best wishes for a long and happy retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mr. Fisher and that this
resolution be permanently recorded among the papers of the
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Miller presented the executed resolution and a Jefferson
Cup to Mr. Fisher, accompanied by members of his family, Mr.
Charles Dane and Mr. Howard Heltman, expressed appreciation
for his dedicated service, and wished him a long and happy
retirement.
Mr. Dane stated Mr. Fisher will be sorely missed by the
county.
Mr. Heltman expressed appreciation to Mr. Fisher for his many
years of behind-the-scenes work to assist the citizens of the
county.
Mr. Fisher stated he has enjoyed working for Chesterfield
County.
Mr. Ramsey stated Colonel Horace Mann was scheduled to mak~ a
presentation to the Board, but was unable to be present due
to the death of Mrs. Lucille Moseley, former Director of the
Historical Society.
04 -57
0~/28/04
6. WORK SESSION
0 PROPOSED FY2005-2010 CAPITAL T~DROVE~.NT PROGRAM
Mr. Jay Payne, Budget Manager, presented an overview of the
proposed FY2005-2010 Capital Improvement Program (CIP), which
identifies projects proposed for a referendum in the fall of
2004. He reviewed a comparison of debt ratio and debt
service expenditures and the composition of the proposed CIP,
totaling $569,358,300. He reviewed proposed CIP county only
revenue and expenditure summaries, as well as the county CIP
summary. He provided data relative to past bond referenda.
He then reviewed details of the proposed referendum projects
for Libraries, Public Safety and Parks and Recreation. He
presented a schedule for referendum planning.
Mr. Miller thanked Mr. Payne for the
presentation.
informative
Mr. Ramsey stated staff looks forward to working with Board
members to address any suggested changes they may have to the
proposed CIP.
Discussion ensued relative to the county's commitment to The
Diamond.
Mr. Miller stated he wants to revisit the proposed funding
for The Diamond and requested that this issue be added to the
February 11, 2004 agenda for discussion.
Mrs. Humphrey stated she agrees with Mr. Miller and feels a
separate discussion should be held for funding of The
Diamond. She also requested that staff provide the Board
with details of which park projects are considered
reinvestment in old parks, expansion of old parks, or
investment in new parks.
7. DEFERRED ITEMS
There were no deferred items at this time.
8. NEW BUSINESS
8.A. STREETLIGHT INSTALLATION COST APPROVALS
Mr. Warren expressed concerns relative to the cost
streetlights in the Surreywood Subdivision.
of
Mr. McElfish stated a lot of underground work is necessary to
provide streetlights in older subdivisions, which increases
the cost.
Mr. Warren stated the Surreywood requests meet the Board's
criteria for approval and will provide lighting for children
waiting for school buses early in the morning.
On motion of Mr. King, seconded by Mr. Warren, the Board
approved the following streetlight requests:
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Bermuda District
In the Villas at Rivers Bend Subdivision
Villas Drive, vicinity of ].2330
Cost to install streetlight: $901.10
o
At the intersection of Centralia Road and Patromdale
Drive, upgrade the existing lamp to standard 8000
Lumen Enclosed Fixture
Cost to install streetlight: $360.71
Clover Hill District
o In the Surreywood Subdivision
At the intersection of Surreywood Drive and
Surreywood Court
Cost to install streetlight: $4,398.66
At the intersection of Lancashire Drive and
Lancashire Court
Cost to install streetlight: $6,374.06
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8. B. APPOINTMENTS
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
suspended its rules at this time to allow simultaneous
nomination/appointment of mermbers to serve on the Towing
Advisory Board, Richmond Regional Planning District
Commission, Committee on the Future, Parks and Recreation
Advisory Commission, Disability Services Board, Community
Services Board and the Solid Waste Advisory Committee.
Ayes: Miller, Barber, Humphrey', King and Warren.
Nays: None.
8.B.1. TOWING ADVISORY BOARD
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
simultaneously nominated/appointed/reappointed Mr. Ray
Cullop, Mr. Fred Key, Mr. Ronnie Waters, Mr. Doug Conner,
Sgt. David Deringer and Officer Howard Barnes to serve on the
Towing Advisory Board, whose terms will be at the pleasure of
the Board.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.2. RIC~OND REGIONAL PLANNING DISTRICT COMMISSION
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
simultaneously nominated/appointed Mr. Sherman Litton to
serve on the Richmond Regional Planning District Commission,
whose term is effective January 1, 2004 and expires December
31, 2007.
Ayes: Miller, Barlber, Humphrey, King and Warren.
Nays: None.
0~-59
01/28/04
8.B.3. BERMUDA DISTRICT APPOINTMENTS
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
simultaneously nominated/appointed Mr. Jim Morris,
representing the Bermuda District, to serve on the Committee
on the Future, who will serve at the pleasure of the Board.
And, further, the Board simultaneously nominated/appointed/
reappointed Mr. Tim Mick and Mr. Jack Griffin, representing
the Bermuda District, to serve on the Parks and Recreation
Advisory Commission, whose terms are effective January 1,
2004 and expire December 31, 2006.
And, further, the Board simultaneously nominated/reappointed
Reverend Clarence Martin, representing the Bermuda District,
to serve on the Disability Services Board, whose term is
effective January 1, 2004 and expires December 31, 2006.
And, further, the Board simultaneously nominated/appointed
Reverend Charles Clubb, representing the Bermuda District, to
serve on the Disability Services Board, whose term is
effective immediately and expires December 31, 2005. (It is
noted Reverend Clubb will fill the unexpired term of Ms.
Debra Boykins.)
And, further, the Board simultaneously nominated/appointed
Ms. Shirley M. Cole, representing the Bermuda District, to
serve on the Community Services Board, whose term is
effective January 1, 2004 and expires December 31, 2006.
And, further, the Board simultaneously nominated/appointed
Mr. Mike Williams, representing the Bermuda District, to
serve on the Solid Waste Advisory Committee, whose term is
effective January 1, 2004 and expires December 31, 2006.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C. CONSENT ITEMS
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
removed the following items from the Consent Agenda for
public comment: Item 8.C.10., Execute the Special Project
Service Agreement First Addendum for Residential Recycling
Services with the Central Virginia Waste Management Authority
(CVWMA) to Extend the Contract with Tidewater Fibre
Corporation for Residential Recycling Services for
Chesterfield County Through June 30, 2009; and Item 8.C.12.,
Transfer of Bermuda District Improvement Funds.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C.1. ADOPTION OF RESOLUTIONS
8.C.l.a. RECOGNIZING CLOVER HILL BAPTIST C~3RCH FOR THIRTY-
FIVE YEARS OF MiNiSTRY AND THE FAITHFUL SERVICE OF
RE~REND CALVIN EAVES
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
04-60
01/28/04
WHEREAS, plans for the formation of a new, Independent
Baptist congregation took shape in September 1968 when a
group of faithful people met at a building that formerly
housed a cabinet shop, near tlhe entrance to what is now the
Brandermill community; and
WHEREAS, on November 24, 1968, Calvin T. Eaves,
became the pastor of the new church; and
Sr.
WHEREAS, on Sunday, February 9, 1969, church officers
were elected, a constitution was adopted and charter members
signed the register; and
WHEREAS, the church voted to purchase a 10-acre tract of
land on Courthouse Road; and
WHEREAS, in April 1971, the permanent name of Clover
Hill Baptist Church was selected and building plans were
adopted; and
WHEREAS, a bond program was launched and a
groundbreaking ceremony was held, leading to construction of
a new building that was occupied on March 26, 1972 and
formally dedicated on Easter Sunday, April 2, 1972; and
WHEREAS, the church continued to grow, with the addition
of a two-story educational building first occupied in the
spring of 1974, and a bus garage in 1975 to support the
growing bus ministry; and
WHEREAS, the church assumed ownership of Richmond
Christian School and its properties on Newby's Bridge Road on
May 12, 1976 and later moved to the Gill School property on
Belmont Road in 1983, and the school has a current enrollment
of over 500 students; and
WHEREAS, the Cloverland Day Care program was added in
1978; a television ministry was begun in 1982; and the church
purchased the Gill School property on Belmont Road in 1983;
and
WHEREAS, the church now owns more than 120 acres on
three sites and has an operating budget of approximately $3.5
million; and
WHEREAS, through all of this growth, Reverend Calvin
Eaves, with the able and committed assistance of many others
in the church, guided the church to ever expanded ministries;
and
WHEREAS, Reverend Eaves has announced his intention to
retire as pastor effective February 1, 2004; and
WHEREAS, for 35 years, the church has had a significant,
positive impact on the surrounding communities, and on
Chesterfield County'.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, on behalf of the citizens of
Chesterfield County, extends its best wishes to the Clover
Hill Baptist Church on the occasion of its 35tn anniversary;
offers its sincere appreciation to Reverend Calvin T. Eaves,
Sr., for his long and dedicated service; and wishes him
continued success and happiness in all his endeavors.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
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01/28/04
8.C.l.b. RECOGNIZING MASTER OFFICER WILLIAM M. JONES, POLICR
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, Master Police Officer William M. Jones will
retire from the Chesterfield County Police Department on
February 1, 2004, after providing 27 years of quality service
to the citizens of Chesterfield County; and
WHEREAS, Officer Jones has faithfully served the county
in the capacity of Sheriff's Deputy, Patrol Officer, Senior
Police Officer, and Master Police Officer; and
WHEREAS, Officer Jones was instrumental in ensuring a
smooth transition and minimal disruption to operations when
South District Operations moved to the new Chester Police
Station; his efforts involved working long tedious hours
beyond his normal required duties, not only working on
operational issues, but performing difficult manual labor
such as erecting evidence lockers, setting up the roll call
room, work room, storage closets, etcetera; and because of
his personal drive, commitment and unselfish work ethic, the
station was quickly brought up to speed as a functional
facility, capable of providing excellent customer service;
and
WHEREAS, Officer Jones also worked hard to prepare the
station for the grand opening ceremonies, which was a
successful program that represented the department well; and
WHEREAS, Officer Jones, in his assignment as a desk
officer, has rendered considerable helpful information and
guidance to thousands of Chesterfield County citizens; and
WHEREAS, Officer Jones has received numerous letters of
thanks and appreciation for assistance rendered in all types
of situations; and
WHEREAS, Officer Jones has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
WHEREAS, Chesterfield County and the Board
Supervisors will miss Officer Jones' diligent service.
of
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes Master Police Officer
William M. Jones, and extends on behalf of its members and
the citizens of Chesterfield County, appreciation for his
service to the county, congratulations upon his retirement,
and best wishes for a long and happy retirement.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
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01/28/04
8.C.2. SET DATES FOR PUBLIC HEARINGS
8.C.2.a. TO CONSIDER CONVEYANCE OF SURPLUS COUNTY PROPERTY
ON RIVERS BEND BOULEVARD AND AUTHORIZE FAMILY TIME
COURTHOUSE, LLC TO A]~PLY FOR ANAMENDMENT TO AN
EXISTING CONDITIONAL USE PLANNED DEVELOPMENT
(95SN0109)
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
set the date of February 11, 2004 at 7:00 p.m. for a public
hearing to consider the sale of surplus property to Family
Time Courthouse, LLC; authorized Family Time Courthouse, LLC
to apply for an amendment to an existing Conditional Use
Planned Development (95SN0109); and authorized the County
Administrator to execute the necessary documents.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C.3. APPROVAL OF FY200& SCHOOL BOARD CAPITAL IMPROVEMENT
PLAN MID-YEARREVISIONS
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
increased the appropriation in the School Capital
Improvements fund by $338,800 by appropriating $365,000 of
School non-Federal Food Service fund balance; returning
$26,200 to the School Federal Food Service fund balance; and
authorizing transfers among projects as outlined in the
papers of this Board.
Ayes: Miller, Barber, Humphrey', King and Warren.
Nays: None.
8.C.~. APPROPRIATION OF STATE: REGIONAL REINVESTMENT FUNDS
FOR THE COMMUNITY SERVICES BOARD
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
appropriated $149,057 in state funds and created three full
time positions (psychiatric nurse, case manager and
counselor) to enhance the Community Services Board's
Psychological Rehabilitation Service.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C.5. DESIGNATION OF RIGHTS OF WAY AT COURTHOUSE COMPLEX
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
designated rights of way for Government Center Parkway and
Mimms Drive and authorized the County Administrator to
execute the necessary Declaration. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-63
01/28/04
8 o C. 6. ACCEPTANCE OF A PARCEL OF LAND ALONG THE WEST RIGHT
OF WAY LINE OF OTTERDALE ROAD FROM VIRGINIA S. COBBLE
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 0.128
acres along the west right of way line of Otterdale Road
(State Route 667) from Virginia S. Gobble, and authorized the
County Administrator to execute the deed. (It is noted the
plat is filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C.7. REQUESTS TO QUITCLAIM
8.C.7.a. A PORTION OF A TWENTY-FOOT STORM WATER MANAGEMENT/
BEST MANAGEMENT PRACTICE EASEMENT ACROSS THE
PROPERTY OF SELECTED INVESTMENT HOLDINGS, L.L.C.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 20-foot storm water management/best management
practice easement across the property of Selected Investment
Holdings, L.L.C. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C.7.b. A PORTION OF A SIXTEEN-FOOT WATER EASEMENT AND A
PORTION OF A SIXTEEN-FOOT SEWER EASEMENT ACROSS THE
PROPERTY OF KATHERMAN INVESTMENTS, INCORPORATED
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
16-foot water easement and a portion of a 16-foot sewer
easement across the property of Katherman Investments,
Incorporated. (It is noted copies of the plats are filed
with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C.8. STATE ROAD ACCEPTANCE
On motion of Mr. Barber, seconded by Mrs. Humphrey, 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.
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01/28/04
NOW, THEREFORE BE IT
Virginia Department of
RESOLVED, that
Transportation
the
described below to the secondary system of state
pursuant to § 33.1-229, Code of Virginia,
Department' s Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board
a clear and unrestricted right-of-way, as described,
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified
this resolution be forwarded to the Resident Engineer
Virginia Department of Transportation.
Type Change to the Secondary System of State Highways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Ashbrook, Section 12
® Twisted Cedar Drive, State Route Number: 5650
From: Willow Walk Dr., (Rt. 5648)
To: Twisted Cedar PI., (Rt. 5651), a distance of: 0.06 miles.
Right-of-way record was filed on 9/4/2002 with the Office Of Clerk To Cimuit Court in Pb.128; Pg. 82, with
a width of 50 Ft.
® Twisted Cedar Drive, State Route Number: 5650
From: Twisted Cedar PI., (Rt. 5651)
To: 0.03 Mi. W of Twisted Cedar PI., (Rt. 5651), a distance of: 0.03 miles.
Right-of-way record was filed on 9/4/2002 with the Office Of Clerk To Cimuit Court in Pb.128; Pg. 82, with
a width of 50 Ft.
® Twisted Cedar Place, State Route Number: 5651
From: Twisted Cedar Dr., (Rt. 5650)
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 9/4/2002 with the Office Of Clerk To Cimuit Court in Pb.128; Pg. 82, with
a width of 40 Ft.
· Willow Walk Drive, State Route Number: !5648
From: Feathemhase Dr., (Rt. 4215)
To: Winding Ash Dr., (Rt. 4219), a distance of: 0.05 miles.
Right-of-way record was filed on 9/4/2002 with the Office Of Clerk To Circuit Court in Pb.128; Pg. 82, with
a width of 40 Ft.
· Willow Walk Drive, State Route Number: 5648
From: Winding Ash Dr., (Rt. 4219)
To: Twisted Cedar Dr., (Rt. 5650), a distance of: 0.19 miles.
Right-of-way record was filed on 9/4/2002 with the Office Of Clerk To Circuit Court in Pb.128; Pg. 82, with
a width of 50 Ft.
this Board requests
to add the streets
highways,
and the
guarantees
and any
copy of
for the
04-65
01/28/04
From:
To.'
Willow Walk Drive, State Route Number: 5648
Twisted Cedar Dr., (Rt. 5650)
Cul-de-sac, a distance of: 0.05 miles.
Right-of-way record was filed on 9/4/2002 with the Office Of Clerk To Cimuit Court in Pb.128; Pg. 82, with
a width of 40 Ft.
· Winding Ash Court, State Route Number: 5649
From: Winding Ash Dr., (Rt. 4219)
To: Cul-de-sac, a distance of: 0.11 miles.
Right-of-way record was filed on 9/4/2002 with the Office Of Clerk To Circuit Court in Pb. 128; Pg. 82, with
a width of 40 Ft.
· Winding Ash Drive, State Route Number: 4219
From: Willow Walk Dr., (Rt. 5648)
To: 0.02 Mi. W of Falling Hill Tr., (Rt. 5391), a distance of: 0.07 miles.
Right-of-way record was filed on 9/4/2002 with the Office Of Clerk To Circuit Court in Pb.128; Pg. 82, with
a width of 50 Ft.
· Winding Ash Drive, State Route Number: 4219
From: Willow Walk Dr., (Rt. 5648)
To: Winding Ash Ct., (Rt. 5649), a distance of: 0.07 miles.
Right-of-way record was filed on 9/4/2002 with the Office Of Clerk To Circuit Court in Pb.128; Pg. 82, 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
Department of Transportation
streets meet the requirements
Street Requirements of
Transportation.
Engineer for the Virginia
has advised this Board the
established by the Subdivision
the Virginia Department of
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.
06-66
01/28/04
Type Change to the Secondary System of State Highways_: Addition
Basis for Change:
Statutory Reference:
Addition, New subdivision street
§33.1-229
Project:
From:
To:
Village @ Swift Creek, Phase I
Brad McNeer Parkway, State Route Number: 5655
Hull Street Rd., (Rt. 360)
Craig Rath Blvd., (Rt. 5656), a distance of: 0.24 miles.
Right-of-way record was filed on 9/6/2002 with the Office Of .Clerk To Circuit Court in Db.4711; pg. 442,
with a width of Variable
Brad McNeer Parkway, State Route Number: 5655
From:
Craig Rath Blvd., (Rt. 5656)
0.45 Mi. S of Craig Rath Blvd., (Rt. 5656), a distance of: 0.45 miles.
Right-of-way record was filed on 9/6/2002 with the Office Of Clerk To Circuit Court in Db.4711; pg. 442,
with a widthof9OFt.
Craig Rath Boulevard, State Route Numb~,-r: 5656
From:
Hull Street Rd., (Rt. 360)
To:
Brad McNeer Py., (Rt. 5655), a distance of: 0.62 miles.
Right-of-way record was filed on 9/6/2002 with the Office Of Clerk To Circuit Court in Db.4711; pg. 442,
with a width of Variable
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown
recorded in the Clerk's Office of the Circuit
Chesterfield County; and
on plats
Court of
WHEREAS, the Resident Engineer for
Department of Transportation. has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
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 Highways.' Addition
Basis for Change:
Statutory Reference: §33.1-229
Project: Village @ Swift Creek, Phase I I
Addition, New subdivision street
04-67
01/28/04
From:
To:
Brad Mc Neer Parkway, State Route Number: 5655
0.45 Mi. S of Craig Rath Blvd., (Rt. 5656)
Commonwealth Center Pkwy., (Rt. 754), a distance of: 0.23 miles.
Right-of-way record was filed on 9/29/1998 with the Office Of Clerk To Circuit Court in Db. 3386 Pg. 221,
with a width of Variable
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 Hiahwavs:
Basis for Change:
Statutory Reference:
Addition, New subdivision street
§33.1-229
Project:
From:
To:
Addition
Cameron Bay, Section A
Cameron Bay Drive, State Route Number: 5633
Bailey Bridge Rd., (Rt. 654)
Cameron Bridge Dr., (Rt. 5634), a distance of: 0.12 miles.
Right-of-way record was filed on 8/9/2002 with the Office Of Clerk To Circuit Court in Pb.128; Pg.54, with
a width of 60 Ft.
· Cameron Bridge Court, State Route Number: 5636
From: Cameron Bridge Dr., (Rt. 5634)
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 8/9/2002 with the Office Of Clerk To Circuit Court in Pb.128; Pg.54, with
a width of 40 Ft.
· Cameron Bridge Drive, State Route Number: 5634
From: Cameron Bay Dr., (Rt. 5633)
0A-68
01/28/04
To: Cameron Bridge PI., (Rt. 5635), a distance of: 0.10 miles.
Right-of-way record was filed on 8/9/2002 with the Office Of Clerk To Circuit Court in Pb.128; Pg.54, with
a width of 44 Ft.
From:
To:
Cameron Bridge Drive, State Route Number: 5634
Cameron Bridge PI., (Rt. 5635)
Cameron Bridge Ct., (Rt. 5636), a distance of: 0.05 miles.
Right-of-way record was filed on 8/9/2002 with the Office Of Clerk To Circuit Court in Pb.128; Pg.54, with
a width of 44 Ft.
·
From:
To:
Cameron Bridge Drive, State Route Number: 5634
Cameron Bridge Ct., (Rt. 5636)
0.11 Mi. NW of Cameron Bridge Ct., (Rt. 5636), a distance of: 0.11 miles.
Right-of-way record was filed on 8/9/2002 with the Office Of Clerk To Circuit Court in Pb.128; Pg.54, with
a width of 44 Ft.
Cameron Bridge Place, State Route Number: 5635
From:
Cameron Bridge Dr., (Rt. 5634)
Cul-de-sac, a distance of: 0.11 miles.
Right-of-way record was filed on 8/9/2002 with the Office Of Clerk To Circuit Court in Pb.128; Pg.54, with
a width of 40 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown
recorded in the Clerk's Office of the Circuit
Chesterfield County; and
on plats
Court of
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
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 Highways:. Addition
Basis for Change:
Statutory Reference: §33.1-229
Project: Foxfire, Section 5
Addition, New subdivision street
04-69
01/28/04
·
From:
To:
Fox Light Terrace, State Route Number: 5632
Fox Light PI., (Rt. 5631)
Cul-de-sac, a distance of: 0.10 miles.
Right-of-way record was filed on 9/20/2000 with the Office Of Clerk To Circuit Court in Pb.113; Pg.6, with
a width of 40 Ft.
· Fox Light Terrace, State Route Number: 5632
From: Fox Light PI., (Rt. 5631)
To: Cul-de-sac, a distance of: 0.20 miles.
Right-of-way record was filed on 9/20/2000 with the Office Of Clerk To Circuit Court in Pb.113; Pg.6, with
a width of 40 Ft.
· Fox Light Place, State Route Number: 5631
From: Fox Light Pky., (Rt. 5534)
To: Fox Light Tr., (Rt. 5632), a distance of: 0.06 miles.
Right-of-way record was filed on 9/20/2000 with the Office Of Clerk To Circuit Court in Pb.113; Pg.6, with
a width of 44 Ft.
· Fox Light Place, State Route Number: 5631
From: Fox Light Tr., (Rt. 5632)
To: Cul-de-sac, a distance of: 0.14 miles.
Right-of-way record was filed on 9/20/2000 with the Office Of Clerk To Circuit Court in Pb.113; Pg.6, with
a width of 44 Ft.
And, further, the Board
WHEREAS, the streets
recorded in the Clerk's
Chesterfield County; and
adopted the following resolution:
described below are shown on plats
Office of the Circuit Court of
WHEREAS, the Resident
Department of Transportation
streets meet the requirements
Street Requirements of
Transportation.
Engineer for the Virginia
has advised this Board the
established by the Subdivision
the Virginia Department of
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.
Tvl~e ChanQe to the Secondary System of State Highwavs: Addition
Basis for Change:
Addition, New subdivision street
04-70
01/28/04
Statutory Reference:
Project:
From:
To:
§33.1-229
Hampton Park, Section 10
Hampton Meadows Cove, State Route Number: 5673
Hampton Meadows Tr., (Rt. 5672)
Hampton Meadows Tr., (Rt. 5672), a distance of: 0.04 miles.
Right-of-way record was filed on 10/12/2001 with the Office Of Clerk To Cimuit Court in Pb.121; PgA 6,
with a width of 40 Ft.
· Hampton Meadows Terrace, State Route Number: 5672
From: Hampton Meadows Ln., (Rt. 4645)
To: Hampton Meadows Cv., (Rt. 5673), a distance of: 0.12 miles.
Right-of-way record was filed on 10/12/2001 with the Office Of Clerk To Circuit Court in Pb.121; Pg.16,
with a width of 40 Ft.
· Hampton Meadows Terrace, State Route Number: 6672
From: Hampton Meadows Cv., (Rt. 5673)
To: Hampton Meadows Cv., (Rt. 5673), a distance of: 0.03 miles.
Right-of-way record was filed on 10/12/2001 with the Office Of Clerk To Circuit Court in Pb. 121; Pg. 16,
with a width of 40 Ft.
· Hampton Meadows Terrace, State Route Number: 5672
From: Hampton Meadows Cv., (Rt. 5673)
To: Cul-de-sac, a distance of: 0.03 miles.
Right-of-way record was filed on 10/12/2001 with the Office Of Clerk To Circuit Court in Pb.121; Pg.16,
with a width of 40 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.
04-71
01/28/04
T¥1~e Chanae to the Se(~qndary System of State HighwaYs:
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project:
From:
To:
Addition
Hampton Park, Section 13
Hampton Colony Court, State Route Number: 5676
Hampton Colony Wy., (Rt. 5675)
Cul-de-sac, a distance of: 0.03 miles.
Right-of-way record was filed on 12/10/2001 with the Office Of Clerk To Circuit Court in Pb.122; Pg.36,
with a width of 40 Ft.
· Hampton Colony Court, State Route Number: 5676
From: Hampton Colony Wy., (Rt. 5675)
To: Cul-de-sac, a distance of: 0.05 miles.
Right-of-way record was filed on 12/10/2001 with the Office Of Clerk To Circuit Court in Pb. 122; Pg.36,
with a width of 40 Ft.
· Hampton Colony Way, State Route Number: 5675
From: Hampton Springs Rd., (Rt. 5674)
To: Hampton Colony Ct., (Rt. 5676), a distance of: 0.10 miles.
Right-of-way record was filed on 12/10/2001 with the Office Of Clerk To Circuit Court in Pb.122; Pg.36,
with a width of 40 Ft.
· Hampton Springs Road, State Route Number: 5674
From: Hampton Green Dr., (Rt. 5383)
To: Hampton Colony Wy., (Rt. 5675), a distance of: 0.13 miles.
Right-of-way record was filed on 12/10/2001 with the Office Of Clerk To Circuit Court in Pb.122; Pg.36,
with a width of 40 Ft.
· Hampton Springs Road, State Route Number: 5674
From: Hampton Colony Wy., (Rt. 5675)
To: Cul-de-sac, a distance of: 0.02 miles.
Right-of-way record was filed on 12/10/2001 with the Office Of Clerk To Circuit Court in Pb.122; Pg.36,
with a width of 40 Ft.
And, further, the Board adopted the following
WHEREAS, the streets described below
recorded in the Clerk's Office of the
Chesterfield County; and
resolution:
are shown on plats
Circuit Court of
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
04-72
0[/28/04
NOW,
THEREFORE BE
Department
IT RESOLVED, that
of Transportation
the Virginia
described below to the secondary system of state
pursuant to § 33.1-229, ,Code of Virginia,
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board
a clear and unrestricted right-of-way, as described,
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified
this resolution be forwarded to the Resident Engineer
Virginia Department of Transportation.
Type Change to the Secondary System of State Hl¢~hwav~ Addition
Basis for Change: Addition, New subdivision =street
Statutory Reference: §33.1-229
Project: Hampton Park, Section 15
® Hampton Bluff Terrace, State Route Number: 5653
From: Hampton Bluff TI., (Rt. 5652)
To: Cul-de-sac, a distance of: 0.11 miles.
Right-of-way record was filed on 10/12/2001 with the Office Of Clerk To Circuit Court in Pb.121; Pg. 18,
with a width of 40 Ft.
® Hampton Bluff Terrace, State Route Number: 5653
From: Hampton Bluff TI., (Rt. 5652)
To: Cul-de-sac, a distance of: 0.05 miles.
Right-of-way record was filed on 10/12/2001 with the Office Of Clerk To Circuit Court in Pb. 121; Pg. 18,
with a width of 40 Ft.
® Hampton Bluff Trail, State Route Number: 5652
From: Hampton Green Dr., (Rt. 5383)
To: Hampton Bluff Tr., (Rt. 5653), a distance of: 0.07 miles.
Right-of-way record was filed on 10/12/2001 with the Office Of Clerk To Circuit Court in Pb.121; Pg. 18,
with a width of 40 Ft.
® Hampton Green Drive, State Route Number: 5383
From: 0.07 Mi. S of Hampton Meadows Ln, (Fit. 4645)
To: Hampton Bluff TI., (Rt. 5652), a distance of: 0.01 miles.
Right-of-way record was filed on 10/12/2001 with the Office (~ Clerk To Circuit Court in Pb.121; Pg. 18,
with a width of 40 Ft.
® Hampton Green Drive, State Route Number: 5383
From: Hampton Bluff TI., (Rt. 5652)
To: 0.01 Mi. S of Hampton Bluff TI., (Rt. 5652), a distance of: 0.01 miles.
Right-of-way record was filed on 10/12/2001 with the Office ~ Clerk To Circuit Court in Pb.121; Pg. 18,
with a width of 40 Ft.
this Board requests
to add the streets
highways,
and the
guarantees
and any
copy of
for the
04-73
01/28/0~
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 Chan~le to the Secondary System of State Highways: Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference:
§33.1-229
Project:
From:
To:
Summer Lake, Section 1
Jaydee Place, State Route Number: 5665
Jaydee Dr., (Rt. 5664)
Cul-de-sac, a distance of: 0.03 miles.
Right-of-way record was filed on 2/15/2002 with the Office Of Clerk To Circuit Court in Pb.124; Pg.3, with
a width of 40 Ft.
· Jaydee Drive, State Route Number: 5664
From: Lake Summer Dr., (Rt. 5657)
To: Jaydee PI., (Rt. 5665), a distance of: 0.06 miles.
Right-of-way record was filed on 2/15/2002 with the Office Of Clerk To Circuit Court in Pb.124; Pg.3, with
a width of 44 Ft.
· Jaydee Drive, State Route Number: 5664
From: Jaydee Pi., (Rt. 5665)
To: 0.06 Mi. S of Jaydee Pl., (Rt. 5665), a distance of: 0.06 miles.
Right-of-way record was filed on 2/15/2002 with the Office Of Clerk To Circuit Court in Pb.124; Pg.3, with
a width of 44 Ft.
·
From:
To:
Lake Summer Court, State Route Number: 5660
Lake Summer Dr., (Rt. 5657)
Cul-de-sac, a distance of: 0.10 miles.
04-74
0$/28/04
Right-of-way record was filed on 2/15/2002 with the Office Of Clerk To Circuit Court in Pb.124; Pg.3, with
a width of 40 Ft.
· Lake Summer Drive, State Route Number: 5657
From: Otterdale Rd., (Rt. 667)
To: Lake Summer Pl., (Rt. 5658) & Lake Summer Tn., (Rt. 5659), a distance of: 0.05 miles.
Right-of-way record was filed on 2/15/2002 with the Office Of Clerk To Circuit Court in Pb. 124; Pg.3, with
a width of 80 Ft.
® Lake Summer Drive, State Route Number: 5657
From: Lake Summer PI., (Rt. 5658) & Lake Summer Tn., (Rt. 5659)
To: Lake Summer Ct., (Rt. 5660) & Starlee Dr., (Rt. 5661), a distance of: 0.09 miles.
Right-of-way record was filed on 2/15/2002 with the Office Of Clerk To Circuit Court in Pb.124; Pg.3, with
a width of Variable
® Lake Summer Drive, State Route Number: 5657
From: Lake Summer Ct., (Rt. 6660) & Starlee Dr., (Rt. 5661)
To: Lake Summer Tr., (Rt. 5663) & Jaydee Dr., (Rt. 5664), a distance of: 0.08 miles.
Right-of-way record was filed on 2/15/2002 with the Office Of Clerk To Circuit Court in Pb.124; Pg.3, with
a width of 50 Ft.
· Lake Summer Drive, State Route Number: 5657
From: Lake Summer Tr., (Rt. 5663) & Jaydee Dr., (Rt. 5664)
To: 0.02 Mi. W of Lake Summer Tr., (Rt. 5663) & Jaydee Dr., (Rt. 5664), a distance of: 0.02 miles.
Right-of-way record was filed on 2/15/2002 with the Office Of: Clerk To Circuit Court in Pb.124; Pg.3, with
a width of 50 Ft.
· Lake Summer Place, State Route Number:: 5658
From: Lake Summer Dr., (Rt. 5657)
To: Cul-de-sac, a distance of: 0.05 miles.
Right-of-way record was filed on 2/15/2002 with the Office Of Clerk To Circuit Court in Pb.124; Pg.3, with
a width of 40 Ft.
· Lake Summer Terrace, State Route Number: 5663
From: Lake Summer Dr., (Rt. 5657)
To: Cul-de-sac, a distance of: 0.08 miles.
Right-of-way record was filed on 2/15/2002 with the Office Of Clerk To Circuit Court in Pb.124; Pg.3, with
a width of 40 Ft.
· Lake Summer Turn, State Route Number: 5659
From: Lake Summer Dr., (Rt. 5657)
To: 0.02 Mi. S of Lake Summer Dr., (Rt. 5657), a distance of: 0.02 miles.
Right-of-way record was filed on 2/15/2002 with the Office Of Clerk To Circuit Court in Pb.124; Pg.3, with
a width of 40 Ft.
0~[-75
01/28/04
· Starlee Court, State Route Number: 5662
From: Starlee Dr., (Rt. 5661)
To:
Cul-de-sac, a distance of: 0.03 miles.
Right-of-way record was filed on 2/15/2002 with the Office Of Clerk To Circuit Court in Pb. 124; Pg.3, with
a width of 40 Ft.
Starlee Drive, State Route Number: 5661
From:
Lake Summer Dr., (Rt. 5657)
To;
Starlee Ct., (Rt. 5662), a distance of: 0.06 miles.
Right-of-way record was filed on 2/15/2002 with the Office Of Clerk To Circuit Court in Pb.124; Pg.3, with
a width of 40 Ft.
Starlee Drive, State Route Number: 5661
From: Starlee Ct., (Rt. 5662)
To:
Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 2/15/2002 with the Office Of Clerk To Circuit Court in Pb.124; Pg.3, with
a width of 40 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.
Tvl3e Chan(~p tp the Secondary SYstem of State HIQhwavs: A~Jdition
Basis for Change:
Statutory Reference:
Project:
From:
TO:
Addition, New subdivision street
§33.1-229
Watermill Parkway, Phase 2
North Woolridge Rd., State Route Number: 668
Genito Rd., (Rt. 604)
0.30 Mi. N. of Genito Rd., (Rt. 604), a distance of: 0.30 miles.
0~-76
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Right-of-way record was filed on 4/29/2002 with the Office Of Clerk To Circuit Court in Db.4504; Pg. 489,
with a width of Variable
Right-of-way record was filed on 5/22/2002 with the Office Of Clerk To Circuit Court in Db.4536; Pg. 12,
with a width of Variable
Right-of-way record was filed on 4/2/1999 with the Office Of Clerk To Circuit Court in Db.3534; Pg. 873,
with a width of Variable
Right-of-way record was filed on 12/27/2002 with the Office Of Clerk To Circuit Court in Db.4839; Pg. 216,
with a width of Variable
·
From:
To:
Watermlll Parkway, State Route Number: 5583
N. Woolridge Rd., (Rt. 668) 0.30 Mi. N of Genito Rd., (Rt. 604)
Water House Dr., (Rt. 5589), a distance of: 1.13 miles.
Right-of-way record was filed on 10/16/2000 with the Office of Clerk To Cimuit Court in Pb. 113; Pg. 43,
with a width of 70 Ft.
Right-of-way record was filed on 4/29/2002 with the Office Of Clerk To Circuit Court in Db.4504; Pg. 489,
with a width of Variable
Right-of-way record was filed on 12/27/2002 with the Office of Clerk To Circuit Court in Db.4839; Pg. 216,
with a width of Variable
Right~of-way record was filed on 5/8/2002 with the Office Of Clerk To Circuit Court in Db.4519; Pg. 47,
with a width of Variable
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C.9. REQUEST PERMISSION FROM CHRISTOPHER S. LEITCH AND
MICHELLE D. LEITCH FOB. AN ASPHALT DRIVEWAY AND A
WOODEN RETAINING WALL TO ENCROACH WITHIN A SIXTEEN-
FOOT DRAINAGE EASEMENT ACROSS LOT 14, BAYHILL POINTE,
SECTION 13
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
approved a request from Christopher S. Leitch and Michelle D.
Leitch for permission for an asphalt driveway and a wooden
retaining wall to encroach within a 16-foot drainage easement
across Lot 14, Bayhill Pointe, Section 13, 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: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C.11. APPROVAL OF FUNDS FOR THE INDUSTRIAL DEVELOPMENT
AUTHORITY TO FUND THE ACQUISITION OF NINE ACRES
FOR THE EXTENSION OF MEADOWVILLE ROAD AND THE
HEADOWVILLE TECHNOLOGY PARK AND AUTHORIZE THE
TRANSFER OF FUNDS FROM THE iNDUSTRIAL ACCESS ROAD
ACCOUNT
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
authorized $123,029 to be used by the Industrial Development
Authority for the acquisition of approximately nine acres at
04-77
01/28/04
the Meadowville Technology Park from H. Gordon Peters and
authorized the transfer of $50,000 from the Industrial Access
Road Account.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
The following item was removed from the Consent Agenda for
Board discussion:
8 .C.2.b.
TO C0NSIDERADOPTION OF AMENDMENTS TO T~R
CHESAPEAKE BAY PRESERVATION ORDINANC~
Mr. Barber requested that staff provide the Board with maps
showing the the impact of the proposed ordinance amendments
on usable property in the county prior to setting a date for
the public hearing.
Mrs. Salvati stated developers have expressed concerns
regarding the number of streams that would be determined as
perennial. She further stated mapping of these streams would
require the Water Quality Office staff to physically visit
all of the streams in the county and determine whether they
are constantly flowing, indicating that this would take
approximately two years.
Mr. Barber stated he has economic development concerns
regarding the proposed ordinance amendments, particularly in
the Route 288 Corridor, indicating he does not know how the
amendments will affect the development of tracts of land in
this area.
When asked, Ms. Salvati stated that Chesapeake Bay Local
Assistance Department extended the time period for adoption
of the ordinance amendments by the Board from March 2003
until December 2003 because the development community wanted
the development of a protocol for perenniality
determinations.
Mr. Ramsey suggested that staff provide answers to the issues
raised at the February 11, 2004 meeting.
Mr. Miller expressed concerns that he has not had an
opportunity to review the ordinance amendments in detail.
Mr. Ramsey reminded the Board that the amendments have been
mandated by the state.
Ms. Salvati stated specific guidance was adopted by the
Chesapeake Bay Local Assistance Department regarding
perenniality determinations for localities. She further
stated the development community strongly recommended these
guidelines so that each locality did not have its own process
for determining perenniality.
Mr. Miller expressed concerns relative to the complexity of
the ordinance amendments and the impact of these amendments
on private property rights.
Discussion ensued relative to any consequences the county
might face if the ordinance amendments are not adopted by a
certain date.
0~-78
01/28/04
Ms. Salvati stated a work session can be held to provide the
Board with details regarding implementation of the proposed
ordinance amendments.
Mr. Ramsey stated a work session will be scheduled for
February 11, 2004.
Mr. Barber stated, although he appreciates discussion with
members of the development community, he is more concerned
with the impact of the ordinance amendments on economic
development in the county than the development community's
concerns.
Mrs. Humphrey expressed concerns relative to the impact of
the ordinance amendments on the Meadowville Tract and the new
proposed Cosby Road school site.
When asked, Ms. Salvati stated staff recommends that the
Planning Commission hear requests for exceptions to the
proposed ordinance amendments from landowners.
Mr. Warren stated he supports a work session.
When asked, Ms. Salvati stated only a small percentage of
localities in the state have adopted the required ordinance
amendments.
Mr. Warren expressed concerns relative
implementing the ordinance amendments.
to the cost of
Mr. Miller expressed concerns relative to the ordinance
amendments taking away the rights of property owners.
Mr. King expressed concerns relative to the impact of the
ordinance amendments on infill development and to the
determination of perennial streams.
Ms. Salvati stated there is a provision for the Environmental
Engineer to grant exceptions to encroachments in Resource
Protection Areas in infill areas. She further stated state
regulations stipulate that localities must either conduct or
ensure that a perenniality determination is made at the time
of site plan approval, and[ noted a protocol has been
developed for perenniality determination.
Mr. King stated he supports the work session because he
believes he needs to be further educated on the issue.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
deferred setting a public hearing date to consider adoption
of amendments to the Chesapeake Bay Preservation Ordinance,
and requested that a work :session be held regarding the
proposed ordinance amendments on February 11, 2004.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Warren requested that Ms. Salvati provide details during
the work session of the special interest groups that
supported the amendments at the General Assembly.
0~-79
01/28/04
The following items were removed from the Consent Agenda for
public comment:
8.C.10. EXECUTE THE SPECIAL PROJECT SERVICE AGREEMENT FIRST
ADDENDUM FOR RESIDENTIAL RECYCLING SERVICES WITH THE
CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY (CVWMA)
TO EXTEND THE CONTRACT WITH TIDEWATER FIBRE
CORPORATION FOR RESIDENTIAL RECYCLING SERVICES FOR
CHESTERFIELD COUNTY THROUGH JUNE 30, 2009
Mr. Frank Leimberger expressed concerns relative to trash
being dropped along Old Stage Road by Tidewater Fibre. He
stated there is no fence on three sides of Tidewater's
property to keep paper and plastic from blowing all over the
area. He further stated the earth berms that were a part of
the zoning conditions have never been planted. He stated he
does not consider Tidewater Fibre a good neighbor and
provided the Board with photographs depicting the
unsightliness of the Tidewater Fibre property.
Mr. Henry Moore, representing himself as well as Mr. C. L.
"Sonny" Currin, who operates a business across from Tidewater
Fibre, expressed concerns relative to the unsightly
conditions of the Tidewater Fibre property. He stated he
believes the county should oversee Tidewater's operations.
Mr. G. E. Henderson expressed concerns relative to the
appearance of the Old Stage Road area and the impression it
will leave on visitors traveling to Henricus Park.
In response to Mr. King's questions, Mr. Leimberger stated
people who attended the Board meeting when the Tidewater
Fibre zoning request was approved were concerned with the
potential for the unsightly appearance of that type of
business on the corridor. He further stated the photographs
he presented to the Board are similar to the ones of
Tidewater's Chesapeake facility that he presented to the
Board at the previous public hearing.
Mr. King stated staff has indicated they have not received
any complaints regarding trash or problems at the Tidewater
Fibre site.
Mr. Leimberger stated he thought about contacting the county
regarding the issue, but did not believe anything would be
done.
When asked, Mr. Leimberger stated he has observed newspapers,
milk containers and other types of recycle trash along Old
Stage Road since the business opened.
Mr. King expressed concerns relative to the effectiveness of
the berms.
Mr. Jacobson stated there was one complaint about a year ago
relative to litter and the condition of the berm, and
Tidewater Fibre was required to comply with the ordinance at
that time.
Mr. King expressed concerns relative to the trash that can be
observed on Tidewater's property and directed staff to
determine whether the corporation is in compliance with
zoning conditions.
04-80
01/28/04
Mr. Ramsey assured Mr. King tlhat staff would ensure that the
corporation is in compliance with zoning conditions.
Discussion ensued relative to deferring the issue until staff
can provide the Board with information regarding Tidewater's
compliance with zoning conditions.
On motion of Mr. King, seconded by Mr. Warren, the Board
deferred consideration of the Special Project Service
Agreement First Addendum with the Central Virginia Waste
Management Authority (CVWMA) to extend the contract with
Tidewater Fibre Corporation for residential recycling
services until March 24, 2004.
Ayes: Miller, Barber, Humphrey', King and Warren.
Nays: None.
8.C.12. TRANSFER OF FUNDS TO BERMUDA DISTRICT IMPROVEMENT
Mr. George Beadles suggested that half of the funding for the
District Improvement Funds be appropriated in July and the
other half in January so that supervisors who are not re-
elected cannot deplete the fund for their district before
their term ends.
After brief discussion, on motion of Mrs. Humphrey, seconded
by Mr. Barber, the Board transferred $5,000 each from the
Clover Hill, Dale, Matoaca and Midlothian District
Improvement Funds (total of $20,000) to the Bermuda District
Improvement Fund.
Ayes: Miller, Barber, Humphrey', King and Warren.
Nays: None.
Mr. King expressed appreciation, on behalf of Bermuda
District citizens, to the Board members for sharing their
District Improvement Funds with him.
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 B~L~NCE, RESERVE
FOR FUTURE CAPITAL PROJECTS, DISTRICT iMPROVEMENT
10 .C.
FUNDS AND LEASE PURCHASES
REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY
SYSTEM
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
approved the following reports: a Report on Developer Water
and Sewer Contracts; a Report on the Status of the General
Fund Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases; and a Report on Roads
Accepted into the State Secondary System, as follows:
04-81
01/28/04
ADDITION LENGTH
AMSTEL BLUFF, SECTION F
(Effective 12/19/03)
Creekbluff Ridge Drive (Route 5601) - From
Swiftrock Ridge Drive (Route 4553) to Cul-de-sac
Creebbluff Ridge Drive (Route 5601) - From
Swiftrock Ridge Drive (Route 4553) to Cul-de-sac
Swiftrock Ridge Drive (Route 4553) - From
Swiftrock Ridge Place (Route 4555) to Creekbluff
Ridge Drive (Route 5601)
Swiftrock Ridge Terrace (Route 5600) - From
Swiftrock Ridge Drive (Route 4553) to Cul-de-sac
CHESTER VILLAGE GREEN ACCESS ROADS
(Effective 12/22/03)
Centre Street (Route 1513) - From 0.14 mile north
of West Hundred Road (Route 10) to Fountain Square
Plaza (Route 5618)
Centre Street (Route 1513) - From Fountain Square
Plaza (Route 5618) to Fountain Square Way (Route
5619)
Centre Street (Route 1513) - From Fountain Square
Way (Route 5619) to Chester Village Drive (Route
5617)
Chester Village Drive (Route 5617) - From Fountain
Square Plaza (Route 5618) to Centre Street (Route
1513)
Chester Village Drive (Route 5617) - From 0.10
mile west of West Hundred Road (Route 10) to
Fountain Square Plaza (Route 5618)
Chester Village Drive Route 5617) - From Centre
Street (Route 1513) to 0.06 mile north of Centre
Street (Route 1513)
Chester Village Drive Route 5617) - From West
Hundred Road (Route 10 to 0.10 mile west of
West Hundred Road (Route 10)
Fountain Square Plaza (Route 5618) - From
Fountain Square Way (Route 5619) to Chester
Village Drive (Route 5617)
Fountain Square Plaza (Route 5618) - From
Centre Street (Route 1513) to Fountain Square
Way (Route 5619)
Fountain Square Way (Route 5619) - From Fountain
Square Plaza (Route 5618) to Centre Street
(Route 1513)
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0.04 Mi
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0.15 Mi
0 04 Mi
0 05 Mi
0 05 Mi
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0 05 Mi
0 06 Mi
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0 04 Mi
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0 03 Mi
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CLOVERHILL ESTATES
(Effective 12/19/03)
Ashbrook Parkway (Route 4202) - From Hancock Farm
Lane (Route 5537) to Winterpock Road (Route 621)
Ashbrook Parkway (Route 4202)- From Ashlake
Parkway (Route 4200) to Hancock Farm Lane (Route
5537)
Clover Ridge Lane (Route 5544) - From Hancock
Farm Lane (Route 5537) to Clower Ridge Place
(Route 5545)
Clover Ridge Lane (Route 5544) - From Clover
Ridge Place (Route 5545) to Cul-de-sac
Clover Ridge Place (Route 5545) - From Clover
Ridge Lane (Route 5544) to Cul-de-sac
Hancock Farm Lane (Route 5537) - From Summer
Gate Court (Route 5543) to Hancock Ridge
Court (Route 5538)
Hancock Farm Lane (Route 5537) - From Ashbrook
Parkway (Route 4202) to Hancock Farm Place
(Route 5539)
Hancock Farm Lane (Route 5537) - From Hancock
Farm Place (Route 5539) to Rolling Fields Lane
(Route 5540)
Hancock Farm Lane (Route 5537) - From Clover
Ridge Lane (Route 5544) to Summer Gate Court
(Route 5543)
Hancock Farm Lane (Route 5537) - From Mount
Holly Lane (Route 5542) to Cul-de-sac
Hancock Farm Lane (Route 5537) - From Rolling
Fields Lane (Route 5540) to Clover Ridge Lane
(Route 5544)
Hancock Farm Lane (Route 5537) - From Hancock
Ridge Court (Route 5538) to Mount Holly Lane
(Route 5542)
Hancock Farm Place (Route 5539) - From Hancock
Farm Lane (Route 5537) to Cul-de-sac
Hancock Ridge Court (Route 5538) - From Hancock
Farm Lane (Route 5537) to Cul-de-sac
Mount Holly Lane (Route 5542) - From Rolling
Fields Lane (Route 5540) to Cul-de-sac
Mount Holly Lane (Route 5542) - From Hancock
Farm Lane (Route 5537) to Rolling Fields Lane
(Route 5540)
Rolling Fields Lane (Route 5540) - From Hancock
Farm Lane (Route 5537) to Rolling Fields Place
(Route 5541)
04-83
0.25 Mi
0.28 Mi
0.11 Mi
0.11 Mi
0.06 Mi
0.09 Mi
0.04 Mi
0.07 Mi
0.06 Mi
0.15 Mi
0.10 Mi
0.11 Mi
0.06 Mi
0.06 Mi
0.06 Mi
0.13 Mi
0.06 Mi
01/28/04
Rolling Fields Lane (Route 5540) - From Rolling
Fields Place (Route 5541) to Mount Holly Lane
(Route 5542)
Rolling Fields Place (Route 5541) - From Rolling
Fields Lane (Route 5540) to Cul-de-sac
Summer Gate Court (Route 5543) - From Hancock
Farm Lane (Route 5537) to Cul-de-sac
FARMVIEW ESTATES
(Effective 12/19/03)
Talleywood Court (Route 4286) - From Talleywood
Lane (Route 4285) to Cul-de-sac
Talleywood Lane (Route 4285) - From Talleywood
Court (Route 4286) to Cul-de-sac
Talleywood Lane (Route 4285) - From Happy Hill
Road (Route 619) to Talleywood Court (Route 4286)
PLEASANT DALE, SECTION B
(Effective 12/19/03)
Poinsetta Court (Route 5624) - From Poinsetta
Drive (Route 5623) to Cul-de-sac
Poinsetta Drive (Route 5623) - From West Grove
Avenue (Route 1527) to Poinsetta Court (Route
5624)
Poinsetta Drive (Route 5623) - From Poinsetta
Court (Route 5624) to Cul-de-sac
RIVERS TRACE, SECTION B
(Effective 12/22/03)
Corte Castle Court (Route 5562) - From Corte
Castle Road (Route 4757) to Cul-de-sac
Corte Castle Road (Route 4757) - From 0.25 mile
west of PiPers Pointe Drive (Route 4756) to
Corte Castle Court (Route 5562)
Corte Castle Road (Route 4757) - From Corte
Castle Court (Route 5562) to 0.24 mile west
of Corte Castle Court (Route 5562)
RIVERS TRACE, SECTION C
(Effective 12/22/03)
Corte Castle Place (Route 5563) - From Corte
Castle Road (Route 4757) to Cul-de-sac
Corte Castle Road (Route 4757) - From 0.31 mile
west of Corte Castle Court (Route 5562) to Corte
Castle Place (Route 5563)
Corte Castle Road (Route 4757) - From Corte Castle
Place (Route 5563) to 0.03 mile west of Corte
Castle Place (Route 5563)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-84
O.08 Mi
0.06 Mi
0.04 Mi
0.14 Mi
0.18 Mi
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0.07 Mi
0.06 Mi
0.06 Mi
0.12 Mi
0.09 Mi
0.24 Mi
0.09 Mi
0.07 Mi
0.03 Mi
0~/28/04
10.C. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(7)
CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION
WITH L~GAL COUNSEL PERTAINING TO ACTUAL LITIGATION
IN T~ CASE OF AMANDA PADULA WILSON, ET AL. V. BOARD
OF SUPERVISORS OF CHESTERFIELD COUNTY
On motion of Mr. Barber, seconded by Mr. Warren, the Board
went into Closed Session pursuant to Section 2.2-3711(A) (7),
Code of Virginia, 1950, as amended, for consultation with
legal counsel pertaining to actual litigation in the case of
Amanda Padula Wilson, et al.. v. Board of Supervisors of
Chesterfield County.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Reconvening:
On motion of the Mr. Barber, seconded by Mrs. Humphrey,
the following resolution was adopted:
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. Warren: Aye.
Mr. King: Aye.
Mrs. Humphrey: Aye.
Mr. Barber: Aye.
Mr. Miller: Aye.
11. DINNER
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
recessed to the Administration Building, Room 502, for
dinner.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04,-85
01/28/04
Reconvening:
12. iNVOCATION
Mr. King gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Mr. Harmon led the Pledge of Allegiance to the flag of the
United States of America.
14. RESOLUTIONS AND SPECIAL RECOGNITIONS
There were no resolutions or special recognitions at this
time.
15. REQUESTS FOR MOBILE HOME PERMITS AND REZONiNG PLACED ON
THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER=
- WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT
ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION
- CASES WHERE THE APPLICANT DOES NOT ACCEPT THE
RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE
HEARD AT SECTION 17
0&SN0135
In Matoaca Magisterial District, CENTEX HOMES - SO. VA
requests amendment to Conditional Use Planned Development
(Case 87S134) and amendment of zoning district map to permit
residential townhouse use in Community Business (C-3) and
Corporate Office (0-2) Districts. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for regional mixed use. This request
lies on 45.3 acres lying approximately 400 feet off the south
line of Hull Street Road, measured from a point approximately
1,200 feet east of Mockingbird Lane. Tax ID 732-674-3945
(Sheet 16).
Mr. Jacobson presented a summary of Case 04SN0135 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. He noted the request
conforms to the Upper Swift Creek Plan.
Mr. Steve Miller, representing the applicant,
recommendation is acceptable.
stated the
No one came forward to speak to the request.
Mrs. Humphrey requested that staff correct the spelling of
~Craig Rath Boulevard" on the plat attached to staff's
request analysis.
Mrs. Humphrey then made a motion, seconded by Mr. Barber, for
the Board to approve Case 04SN0135 subject to the following
conditions:
In addition to those uses permitted by the Textual
Statement Item II.B.3. of Case 87S134, Residential
Townhouse (R-TH) development shall be permitted in
accordance with the requirements of the Zoning Ordinance
04-86
01/28/04
for Residential Townhouse (R-TH) Districts. (P)
(Note: This condition amends Textual Statement Item II.B.3.
of Case $7S134 for the subject property.)
The developer shall address the Chesapeake Bay
Preservation Act (CBPA) requirements for this site
independent of the overall Villages at Swift Creek CBPA
plan. (EE)
And, further,
conditions:
the Board accepted the following proffered
Ail roads that accommodate general traffic circulation
through the development, as determined by the
Transportation Department, shall be designed and
constructed to state standards and taken into the state
system. This condition may be modified by the
Transportation Department if it is determined that the
roads or any part of such roads cannot be designed for
state acceptance. For any roads which accommodate
general traffic circulation through the development that
are not to be a part of the state system, a plan that
insures the continual maintenance of the private streets
shall be submitted to, and approved by, the
Transportation Department. This condition shall not
apply to developments such as apartments, which do not
have individual lots or units for sale. (T)
With respect to the density of the subject property, the
reference to multifamily uses in Proffered Condition 9
of Case 00SN0280 shall include townhouse units as well.
(p)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0139
In Midlothian Magisterial District, CARLA NELMS requests
amendment to Conditional Use Planned Development (Case
83S141) and amendment of zoning district map to permit a
photography studio in a Corporate Office (0-2) District. The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for village fringe area
use. This request lies on (].9 acre fronting approximately
215 feet on the south line of the terminus of Village Mill
Drive approximately 600 feet south of Midlothian Turnpike.
Tax ID 727-707-2672 (Sheet 5).
Mr. Jacobson presented a summary of Case 04SN0139 and stated
the Planning Commission and staff recommend approval subject
to one condition.
Ms. Carla Nelms stated the recommendation is acceptable.
No one came forward to speak to the request.
On motion of Mr. Barber, seconded by Mr. King, the Board
approved Case 04SN0139 subject to the following condition:
04-87
01/28/04
Photography studio use shall be permitted. (P)
(Note: This use is in addition to uses permitted with Case
83S141.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0142
In Midlothian Magisterial District, HUGUENOT ROBIOUS
ASSOCIATES, LC requests amendment to Conditional Use Planned
Development (Case 01SN0255) and amendment of zoning district
map relative to landscaping. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for office use. This request lies on 1.9 acres
fronting approximately 550 feet on the south line of the
Norfolk Southern Railroad right of way approximately 450 feet
west of Cranbeck Road. Tax ID 741-715-Part of 9831 (Sheet
2).
Mr. Jacobson presented a summary of Case 04SN0142 and stated
the Planning Commission recommends approval subject to one
condition.
Mr. Jerry Levy, representing the
recommendation is acceptable.
applicant, stated the
No one came forward to speak to the request.
On motion of Mr. Barber, seconded by Mr. King, the Board
approved Case 04SN0142 subject to the following condition:
Additional Landscaping. Within the required setback for the
rear boundary adjacent to Chesterfield County Tax IDs 741-
714-8181, 742-715-5206, 742-715-5956, 742-715-6245 and
742-715-6432, the Developer will provide Perimeter
landscaping B (option II). (P)
(Note: This condition supersedes Condition
01SN0255.)
12 of Case
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0165
In Matoaca Magisterial District, STAR COAL COMPANY,
INCORPORATED requests amendment to Conditional Use Planned
Development (Case 88S015) and amendment of zoning district
map relative to road improvements. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for office/residential mixed use.
This request lies in a Corporate Office (0-2) District on
67.8 acres fronting approximately 1,100 feet on the west line
of Charter Colony Parkway, also fronting approximately 2,400
feet on the north line of 01d Hundred Road and located in the
northwest quadrant of the intersection of these roads. Tax
ID 726-693-8112 (Sheet 9).
04-88
01/28/04
Mr. Jacobson presented a summary of Case 04SN0165 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered condition.
Ms. Ramona Sein, representing the applicant,
recommendation is acceptable.
stated the
No one came forward to speak to the request.
Mrs. Humphrey made a motion, seconded by Mr. Barber, for the
Board to approve Case 04SN0165 and accept the proffered
conditions.
In response to Mr. Barber's question, Mr. McCracken stated he
feels the proposed interchange design will be more efficient
than the original one.
Mr. Miller called for a vote on the motion of Mrs. Humphrey,
seconded by Mr. Barber, for the Board to approve Case
04SN0165 and accept the following proffered conditions:
Star Coal Company, Incorporated (the ~Developer"), pursuant
to Section 15.2-2298 of the Code of Virginia (11950 as
amended) and the Zoning Ordinance of Chesterfield County, for
itself and its successors or assigns, proffers that the
development of the parcel known as Chesterfield County Tax
Identification Number 726-693-8112 (the "Property") under
consideration will be developed according to the following
proffers if, and only if, the request to amend case 88S015 by
deleting Condition 25 is granted. In the event the request
is denied or approved with conditions not agreed to by the
Applicant, the proffers shall, immediately be null and void
and of no further force or effect. If the zoning amendment
is granted, these proffers will operate in addition to the
conditions existing on the Property.
The Developer shall be responsible for the following
road improvements if, and only if, these road
improvements have not been provided by others; and
studies of the traffic anticipated to be generated by
development on the Property demonstrate that such road
improvements are necessary, as determined by the
Transportation Department.
so
Construction of two (2) additional lanes along
Charter Colony Parkway (i.e., a four (4) lane
facility) from the Site Road intersection south to
Powhite Parkway.
Additional pavement along Charter Colony Parkway to
provide left- and right-turn lanes.
C ·
Construction of two (2) lanes (to make an ultimate
four (4) lane facility) on Brandermill Parkway
Extended from Powhite Parkway/Old Hundred Road to
the northern property line.
do
Construction of elements for
Parkway/Charter Colony Parkway
provide the following movements:
the Powhite
interchange to
04-89
01/28/04
From westbound Powhite Parkway onto northbound
Charter Colony Parkway,
ii.
From southbound Charter Colony Parkway onto
eastbound Powhite Parkway,
iii. From eastbound Powhite Parkway onto southbound
Charter Colony Parkway and
iv.
The necessary right of way to accommodate
these improvements.
eo
If warranted, full cost of signalization at the
Site Road/Brandermill Parkway Extended
intersection, and one-half the cost of
signalization at both the Site Road/Charter Colony
Parkway, and Powhite Parkway/Brandermill Parkway
Extended intersections. (T)
Alternate road improvements, as requested by the
Developer and approved by the Director of
Transportation, which will provide acceptable levels of
service as determined by the Transportation Department,
may be substituted for the improvements identified in
Proffered Condition 1. (T)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0168
In Clover Hill Magisterial District, THE RESTAURANT CO.
requests amendment of Conditional Use (Case 97SN0223) and
amendment of zoning district map to permit exceptions to
signage requirements. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
mixed use corridor use. This request lies in a Community
Business (C-3) District on 3.0 acres fronting approximately
370 feet on the north line of Hull Street Road, also fronting
approximately 350 feet on the east line of Bayside Lane and
located in the northeast quadrant of the intersection of
these roads. Tax IDs 728-674-Part of 8705 and 729-674-Part
of 0215 (Sheet 15).
Mr. Jacobson presented a summary of Case 04SN0168 and stated
the Planning Commission recommended approval and acceptance
of the proffered conditions.
Mr. Walt Gard, representing
recommendation is acceptable.
the applicant, stated the
No one came forward to speak to the request.
On motion of Mr. Warren, seconded by Mr. King, the Board
approved Case 04SN0168 and accepted the following proffered
conditions:
With the exception of an Arby's Restaurant, all building
mounted signs shall be white in color and have a maximum
logo square footage of one and one-fifth the building
mounted letter height. All building mounted signage for
04-90
01/28/04
an Arby's Restaurant shall be either white or red in
color and shall have a maximum logo square footage one
and one-fifth the building mounted letter height. (P)
(Staff Note: This proffered condition supersedes
Proffered Condition 8 of Case 97SN0223. Except as
stated herein, signs must conform to the requirements of
the Zoning Ordinance.)
o
Prior to the issuance of any sign permit, the Planning
Department shall be provided with documentation of the
Brandermill Community Association's Architectural Review
Board's approval of such sign(s). (P)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
16. PUBLIC HEA~INGS
There were no public hearings at this time.
17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS
03SN0200
In Matoaca Magisterial District, ROCK VIEW HOMES, INC.
requests rezoning and amendment of zoning district map from
Agricultural (A) and Residential (R-7) to Residential (R-12)
with Conditional Use Planned Development to permit exceptions
to Ordinance requirements. Residential use of up to 3.63
units per acre is permitted 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 157.6 acres fronting in two (2) places for a total of
approximately 550 feet on the west line of Otterdale Road,
approximately 600 feet south of Broadmoore Road. Tax IDs
707-682-4055, 708-681-7138 and[ 708-683-1628 and 6612 (Sheets
8, 9, 14 and 15).
Mr. Jacobson presented a summary of Case 03SN0200 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. He noted the request
conforms to the Upper Swift Creek Plan. He stated staff and
the Planning Commission support the internally located
commercial services in the proposal. He further stated staff
has prepared an addendum to include an additional proffered
condition providing a timing mechanism for the construction
of houses by limiting the number of building permits that can
be issued annually.
Discussion ensued relative to the impact of the proposed
development on schools.
Mr. John Easter, representing the applicant, stated the
applicant will construct an east-west arterial road from
Otterdale Road across the subject property as well as widen
Otterdale Road in front of the property. He further stated
the applicant has offered a full cash proffer of $2.8
million. He stated the applicant will construct temporary
0~-91
01/28/04
sediment basins to address increased phosphorous levels in
the reservoir as a result of the proposed development until
the regional BMP plan is completed. He stated the applicant
has provided an additional proffered condition that will
limit the number of homes that can be 'constructed annually
over a seven-year period.
Mr. Barber noted the new high school is scheduled to open in
2006, so the only school capacity issue will be at the middle
school level.
Mr. Easter stated the developer is required by state law to
deal with the impact of the proposed development, but not
expected to deal with existing school capacity issues. He
further stated he believes the developer has met this
obligation with both the cash proffer and the phasing
proffer.
Mr. Warren commended Mr. Easter for adding the additional
proffered condition relative to phasing of development. He
stressed the importance of protecting the Swift Creek
Reservoir and inquired whether staff supports the proposed
temporary sediment basins.
Mr. Easter stated staff was not opposed to the proffered
condition providing for temporary sediment basins.
Mr. Daniel Hubbard, a resident of Otterdale Road, expressed
concerns relative to flooding of Otterdale Road at Horsepen
Creek. He stated his son had to walk home after the school
bus dropped him off at Broadmoor Road because it could not
get through the flooding. He further stated he does not feel
the bridges at Summer Lake and Black Creek can support the
construction traffic. He expressed concerns relative to
sewer runoff from the proposed development into Horsepen
Creek. He stated he believes Otterdale Road is the most
dangerous road in the county, and he thinks road improvements
should be made prior to developing the subject property. He
requested that the Board deny the request until some of the
road improvements have been made.
Ms. Marleen Durfee referenced a letter sent to the Board by
the Task Force for Responsible Growth requesting that all
Agricultural rezoning cases be deferred until the Upper Swift
Creek Plan has been revised and approved by the Board. She
stated the Board must address the critical issues surrounding
growth, including health, public safety and welfare issues as
well as providing adequate infrastructure. She expressed
concerns that the county's growth policies have relied more
on residential development than focusing on increased
commercial development or a balance between the two. She
stated she thinks the county should expand upon conservation
and preservation of land. She expressed concerns relative to
school capacity issues in the area of the proposed
development and stated Otterdale Road is one of the most
dangerous roads in the county. She requested that the Board
take a pause and allow for revision of the Upper Swift Creek
Plan before approving any more rezoning requests for
residential development.
In response to Mr. Warren's question, Ms. Durfee stated the
Task Force does not want to stop development. She further
stated the goals of the task force are to update plans, look
04-92
01/28/04
at ways to improve the system, and work with the county
regarding how development should occur.
Mr. Warren expressed concerns that the Board has already
decided updating the Upper Swift Creek Plan is a number one
priority, yet it is acting on an outdated plan.
Ms. Durfee stated state law suggests that plans be revised
every five years and expressed concerns that the Thoroughfare
Plan has not been updated since 1989. She further stated she
has been hearing about school and road issues since moving to
the county in 1986 and does not want to see this continue.
Mr. David Webb, a resident of FoxFire, requested that the
Board defer the request for one year until the Upper Swift
Creek Plan has been updated. He expressed concerns relative
to the financial impact rapid residential growth is having on
the residents of the county because the current cash proffer
system does not cover the full cost of the necessary
infrastructure. He requested that the Board deny or defer
all rezoning requests for residential lots in the Upper Swift
Creek area until the plan is updated or one year; place the
highest priority on updating and approving the plan by the
end of 2004; request staff to update annually the estimated
amount for full recovery of infrastructure costs; and adopt
an ordinance requiring that once a rezoning request has been
approved from Agricultural to Residential development,
substantial construction must begin within five years or the
applicant must return to the Board with another rezoning
request.
Mr. Tom Pakurar, representing Hands Across the Lake, stated
he agrees with the county's objective of protecting the Swift
Creek Reservoir as a drinking source and appreciates the
applicant's proffered condition to provide extra measures to
slow down pollution into the reservoir. He expressed
concerns that the existing legal and environmental controls
are not working for the finely divided clays in the Upper
Swift Creek area. He stated the proposed development will
contribute an additional 7,000 pounds of phosphorous to its
load. He stressed the importance of addressing additional
measures to protect the reservoir and its water source while
updating the Upper Swift Creek Plan. He expressed concerns
that the Virginia Department of Transportation has no money
in its long-range plans to improve secondary roads in the
county, and referenced a recent rezoning request that was
approved on Otterdale Road where $1 million in road proffers
was earmarked for the expansion of Hull Street Road rather
than improvements on Otterdale Road. He stated citizens
realize growth is going to occur, but their objection is the
lack of infrastructure to accommodate the growth. He
requested that the Board deny or delay the request until the
plan begins to take shape to manage the growth.
Mr. Steve Kesler, a resident of Otterdale Road, stated the
developer has satisfied all of the issues he raised. He
further stated although Horsepen Creek does flood, his
children have never been dropped off by the school bus
anywhere other than his home. He stated he supports the
proposed development and commended the developer on his
cooperative attitude.
04-93
01/28/04
Ms. Barbara Barrett, a resident of Genito Road, requested
that the Board not delay approval of the request because the
property owners need to sell their property.
Mr. Lee Thompson, a resident of Hunters Ridge Subdivision,
stated he appreciates the fine amenities in Chesterfield
County after living in a small rural area. He further stated
driver errors cause accidents rather than dangerous roads.
He stated he completely supported the proposed development
and requested the Board's approval.
Mr. Levis Crump stated he feels the residents need to accept
growth. He further stated the developer has agreed not to
ask for any building permits until January 2005, which would
satisfy the residents' request to delay to request for one
year. He stated, as administrator of his sister's estate,
he has had to borrow over $200,000 to pay inheritance taxes
on the subject property, and he must sell the property to
settle the estate.
Mrs. Humphrey noted that Mr. Crump was one of the visionary
members of the School Board in the 1960's.
Mr. Crump stated there was school overcrowding when he served
on the School Board and there will always be problems with
school overcrowding.
Mr. Shields Jett, representing the property owners, stated
the decision to sell a tract of land is not an easy one, and
in most cases is done because of financial reasons. He
further stated the family needs the sale to go through
immediately. He stated the proposal conforms to the Upper
Swift Creek Plan and the developer has addressed all of the
county's concerns. He requested that the Board not delay its
decision. He recognized several people from Mount Herman
Baptist Church and the community who stood in support of the
request.
Ms. Kathy Kirk, a resident of Foxfire, stated she does not
have a problem with the family trying to settle the estate
and can appreciate them trying to get the best value for the
land. She further stated the family's profit from the sale
of the land is not more important than the education her
child might receive because of approval of the proposed
development before the Upper Swift Creek Plan is revised.
She requested that the Board not put a value on the land that
is higher than the value of her son's education.
Mr. Marvin Grimsley, a resident of Broadmoor Road, expressed
concerns relative to flooding of Horsepen Creek every time it
rains. He further stated, on one occasion, he had to pull a
lady out of her car when trapped by the flooding. He
expressed further concerns relative to the condition of
Otterdale Road where the entrance is proposed for the
development and stated he does not believe Otterdale Road can
support additional traffic.
Mr. Charles Payne, a property owner on Genito Road, stated he
finds it hypocritical that people found the Upper Swift Creek
area a lovely place to live, but do not want others to enjoy
it. He further stated he cannot deny others the same
pleasure he has enjoyed living in the area and requested the
Board's approval.
04-94
0~/28/04
Mr. Easter stated the location of the east-west arterial was
chosen because it will meet the siting standards required by
VDOT. He further stated only a small portion of the subject
property drains in the direction of Horsepen Creek. He
stated developers are required to drain to an adequate
channel, retain the water on-site, or place a larHer pipe
underHround. He further stated the phosphorous level in the
reservoir has remained consistently in the .02 to .03 range
for the past ten years. He stated the Upper Swift Creek Plan
was just amended two or three years ago and the density for
the reservoir was lowered to 2.0 units per acre specifically
to address phosphorous level. He further stated the
applicant has met all requirements to pay its fair share of
the impact of the proposed development on the county's
infrastructure. He stated staff and the Planning Commission
support the request, and he hopes the Board will support it
as well.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Barber stated the state does not allow the Board to take
back zoning once it has been granted. He further stated the
state is the responsible party for road buildinH as well as a
large percentage of the county's education costs, and the
county cannot provide the infrastructure unless the state
provides the funding. He stated there is a huge difference
between approving zoning cases and the absorption rate of
zoned lots in Chesterfield County. He further stated that,
12 years ago, the Board inherited a tremendous number of
zoned lots, and even if the Board does not approve this
request or the last ten cases in the Upper Swift Creek area,
the county will still be issuing between 1,500 and 3,000
building permits annually and the rate of growth would not
change. He stated the absorption rate is dictated by the
economy for the most part and the fact that Chesterfield
County is a great place to live with great schools. He
stated the developer has agreed to provide $9,000 per lot to
address the impact of the proposed development on the
county's infrastructure, which will contribute to the things
the residents are requesting. He further stated the request
conforms to the Upper Swift Creek Plan and he feels it is in
the Board's purview to approve it.
Mr. Warren stated he feels when the Board takes a position to
update a plan, it should be accomplished before additional
residential development is approved. He expressed concerns
relative to the rationale for deferring one case but not
deferring other cases. He expressed further concerns
relative to the message the Board is giving to the citizens
who continue to raise concerns relative to growth issues.
Discussion ensued relative to recent correspondence from the
Task Force for Responsible Growth to the Board of
Supervisors.
In response to Mrs. Humphrey's question, Mr. McCracken stated
rebuilding Otterdale Road will improve the road's vertical
alignment.
04-95
01/28/04
Mrs. Humphrey requested that the School Board address the
issue of Mr. Hubbard's son being dropped off at Broadmoor
Road because of the flooding of Horsepen Creek.
Discussion ensued relative to what needs to be done to
address the flooding of Horsepen Creek.
Mrs. Humphrey requested that Otterdale Road in the vicinity
of Horsepen Creek be added to the six-year secondary road
plan.
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
suspended its rules at this time to allow for the additional
proffered condition.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mrs. Humphrey stated inheritance tax bills are based on a
jurisdiction's land use plan. She further stated the
applicant has already had eight months of deferrals, offered
a full cash proffer and satisfied the adjoining property
owners; therefore, there is no legal reason to deny the
request. She stated property rights are a fundamental given
in the Commonwealth of Virginia that cannot be taken away by
any government and thanked the residents for standing up for
something they think is important.
Mrs. Humphrey then made a motion, seconded by Mr. Barber, for
the Board to approve Case 03SN0200 and accept the proffered
conditions.
Mr. King stated school overcrowding is not a new problem. He
inquired whether the phosphorous level from runoff of
fertilizer and turfbuilder used by residents along the Swift
Creek Reservoir with no BMPs is being measured. He stated he
will always defend property rights and feels that as long as
developers comply with the Comprehensive Plan, the Board
should approve the request. He stated he will work within
the framework of the law, support property rights of
individuals and try to make the right decisions. He
challenged the Board to be proactive and find resolutions to
the issues raised, although they have existed since he was
born.
Mr. Warren expressed concerns relative to the overcrowding of
Clover Hill High School and inquired at what point is the
breaking point at which it becomes so overcrowded that
students no longer choose to attend there. He stated he
believes the Board should be consistent when it says its
number one priority is revising the Upper Swift Creek Plan.
He further stated all the citizens are asking for is hope,
and he feels the Board should grant them additional time to
approve the new Plan so that future development will meet the
new standards.
Mr. King stated he feels the Board must be unified in
deciding where the county is going. He inquired how many
cases were denied in the Clover Hill District in the past 12
years because of growth and other issues. He stated it is
not just Mr. Miller, as Chairman, who did not answer the Task
Force's letter, but other Board members as well.
04-96
0~/28/04
Mr. Miller stated people move to Chesterfield County for a
variety of reasons, including quality of life and schools and
he feels it is hypocritical for people to reap the benefits
and then close the door to others. He stated the Board has
wrestled with the growth issue and he has challenged them to
move forward in a positive manner rather than debate and make
counterproductive statements. He stated he will support the
request because it meets every legal requirement, complies
with the Plan, and provides cash proffers to address the
impact of the development on infrastructure.
Mr. Miller then called for a vote on the motion of Mrs.
Humphrey, seconded by Mr. Barber, for the Board to approve
Case 03SN0200 and accept the following proffered conditions:
The property owners and applicant in this rezoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County,
for themselves and their successors or assigns, proffer that
the development of the property under consideration will be
developed according to the following proffers if, and only
if, the rezoning request submitted herewith is granted with
only those conditions agreed to by the owners and applicant.
In the event this request is denied or approved with
conditions not agreed to by the owners and applicant, the
proffers shall immediately be null and void and of no further
force or effect.
Limitation on Number of Dwellings. The overall number
of dwellings for the entire Property shall not exceed
three hundred fourteen (314) units. (P)
2. Transportation.
so
Dedication. In conjunction with the recordation of
the initial subdivision plat or prior to any site
plan approval, whichever occurs first, the
following rights-of-way shall be dedicated, free
and unrestricted, to and for the benefit of
Chesterfield County
(i) Forty-five (45) feet of right-of-way on the
west side of Otterdale Road, measured from the
centerline of that part of Otterdale Road
immediately adjacent to the Property; and
(ii) A ninety (90) foot wide right-of-way for an
east/west arterial (the "East/West Arterial")
from Otterdale Road to the western property
line. The exact location of this right-of-way
shall be approved by the Transportation
Department.
bo
Access. Direct access from the Property to
Otterdale Road shall be limited to one (1) public
road. The exact location of this access shall be
approved by the Transportation Department, and this
access from the Property shall be the East/West
Arterial.
In conjunction with the recordation of the initial
subdivision plat or prior to any site plan
approval, whichever occurs first, an access plan
for the East/west Arterial shall be submitted to
04-97
01/28/04
do
and approved by the Transportation Department.
Access from the Property to the East/West Arterial
shall conform to the approved access plan.
Road Improvements. To provide an adequate roadway
system, the developer shall be responsible for the
following:
(i)
Construction of two (2) lanes of the East/West
Arterial, based on VDOT Urban Minor Arterial
Standards (50 MPH) with modifications approved
by the Transportation Department, from
Otterdale Road to the western property line.
(ii) Construction of the East/West Arterial
intersection with Otterdale Road as a three-
lane typical section (i.e., one (1) westbound
lane and two (2) eastbound lanes).
(iii) Construction of additional pavement along
Otterdale Road at the East/West Arterial
intersection and along the East/West Arterial
at approved access points to provide left and
right turn lanes, if warranted based on
Transportation Department standards.
(iv) Widening/improving the west side of Otterdale
Road to an eleven (11) foot wide travel lane,
measured from the centerline of the road, with
an additional one (1) foot wide paved shoulder
plus a seven (7) foot wide unpaved shoulder,
with modifications approved by the
Transportation Department, for the entire
property frontage.
(v) Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way
(or easements) required for the improvements
identified above. In the event the developer
is unable to acquire the right-of-way
necessary for the turn lanes along 0tterdale
Road as identified in Proffered Condition
2(c) (iii), the developer may request, in
writing, the County to acquire such right-of-
way as a public road improvement. All costs
associated with the acquisition of the right-
of-way shall be borne by the developer. In
the event the County chooses not to assist 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 provide the road improvements
that can be accommodated within available
right-of-way as determined by the
Transportation Department.
Phasing Plan. Prior to any road and drainage plan
approval or prior to any site plan approval ,
whichever occurs first, a phasing plan for the
required improvements specified in Proffered
Condition 2(c) shall be submitted to, and approved
by, the Transportation Department. (T)
04-98
01/28/06
o
Public Utilities. The public water and wastewater
systems shall be used. (U)
Timbering. With the exception of timbering to remove
dead or diseased trees which has been approved by the
Virginia State Department of Forestry, there shall be no
timbering until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices installed in accordance with
The Forestry Best Management Practices for Water Quality
in Virginia. (EE)
Cash Proffer. Prior to the time of issuance of a
building permit for each new dwelling unit, the
applicant, subdivider, or its assignee, shall pay to the
County of Chesterfield the following amounts for
infrastructure improvements within the service district
for the Property:
so
For all residential units except those designated
as age-restricted units in accordance with
paragraph (b):
if payment is made prior to July l, 2003,
$9000; or
ii.
if payment is made after June 30, 2003, the
amount approved by the Board of Supervisors,
but not to exceed the $9000 per dwelling unit
as adjusted upward by any increase in the
Marshall and Swift Building Cost Index between
July 1, 2002 and July 1 of the fiscal year in
which the payment is made; or
For all residential units designated for senior
housing, the units of which meet the occupancy
requirements for "age 55 or over" housing as set
forth in section 3607 of the Fair Housing Act, 42
USC Section 3601 et seq., as amended by the Fair
Housing Amendments Act of 1988, and of 24 CFR
Section 100.304 in effect as of the date of the
rezoning, and which are subject to the occupancy
requirement that no person under 19 shall reside in
such unit:
if payment is made prior to July 1, 2003,
$4815, to be allocated among the facility
costs as follows: $598 for parks, $324 for
library facilities, $346 for fire stations,
and $3547 for roads; or
ii.
if payment is made after June 30, 2003, the
amount approved by the Board of Supervisors,
but not to exceed the $4815 per dwelling unit
as adjusted upward by any increase in the
Marshall and Swift Building Cost Index between
July 1, 2002 and July 1 of the fiscal year in
which the payment is made, to be allocated
pro-rata among the facility costs as specified
in (b)(i).
If any of the cash proffers are not expended for
the purposes designated by the Capital Improvement
Program within fifteen (15) years from the date of
0~-99
01/28/04
payment, they shall be returned in full to the
payor. Should Chesterfield County impose impact
fees at any time during the life of the development
that are applicable to the Property, the amount
paid in cash proffers shall be in lieu of or
credited toward, butnot be in addition to, any
impact fees, in a manner determined by the County.
(B&E)
Senior Housing. At the time of recordation of the
subdivision, any dwellings designated for senior housing
shall be noted on the record plat. Lots containing such
dwellings shall be grouped together as part of the same
development section(s). (P)
Textual Statement. In conjunction with the approval of
this request, the textual statement dated November 5,
2003 shall be approved. (P)
Lot Size and Density. Ail residential lots having only
one access and that access is through Otterdale Park
Subdivision shall have an average area of not less than
108,000 square feet. Such development shall not exceed
a density of .4 units per acre. (P)
o
The developer shall leave temporary sediment basins
which would achieve the 0.22 phosphorus standard in
place until the downstream regional BMP to which they
drain has been constructed. (EE)
10.
Phasing. A maximum of fifty (50) single family
residential building permits shall be issued prior to
January 1, 2005.
A cumulative maximum of 100 single family residential
building permits shall be issued prior to January 1,
2006.
A cumulative maximum of 150 single family residential
building permits shall be issued prior to January 1,
2007.
A cumulative maximum of 200 single family residential
building permits shall be issued prior to January 1,
2008.
A cumulative maximum of 250 single family residential
building permits shall be issued prior to January 1,
2009.
A cumulative maximum of 300 single family residential
building permits shall be issued prior to January 1,
2010. (p)
Ayes: Miller, Barber, Humphrey, and King.
Nays: Warren.
Mr. Miller requested a five-minute recess.
Reconvening:
04SN0151
In Midlothian Magisterial District, CHARTER COLONY SENIOR
ASSOC., L.P. requests amendment to Conditional Use Planned
04-100
01/28/04
Development (Case 94SN0138) and amendment of zoning district
map to permit exceptions to Multifamily Residential (R-MF)
District standards. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
planned transition area uses. This request iies in a
Residential (R-7) District on 8.1 acres fronting
approximately 700 feet on the north line of Woolridge Road,
also fronting approximately 500 feet on the west. line of
Coalfield Road and located in the northwest quadrant of the
intersection of these roads. Tax ID 726-702-Part of 9236
(Sheet 5).
Mr. Jacobson stated Mr. Barber is recommending a deferral of
Case 04SN0151 until February 25, 2004.
Mr. Barber stated the neighborhood has expressed a concern,
and the property owner has agreed to meet with the residents
to try and resolve the issue.
Mr. Jeff Collins, representing the applicant,
deferral is acceptable.
stated the
No one came forward to speak to the deferral.
On motion of Mr. Barber, seconded by Mr. King, the Board
deferred Case 04SN0151 until February 25, 2004.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
03SN0214 (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 G. 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 presented a suimmary of Case 03SN0214 and stated
staff recommends approval subject to conditions and
acceptance of the proffered conditions. He further stated
the Planning Commission irecommends approval subject to the
conditions and that the proffered conditions not be accepted,
essentially approving everything except the car wash and
limiting the number of fueling stations to six. He noted the
request conforms to the Upper Swift Creek Plan. He stated
staff has prepared an addendum outlining an additional
proffered condition relative to style of the rooflines in
response to neighborhood concerns.
Mr. James Blalock stated the proposal will not add any school
children to the area; a $3 million road has already been
built; and he is merely asking for a single-bay self-
contained car wash and an additional fueling pump island.
04-101
01/28/04
Mr. Chris McCarthy, an Edgewater resident, stated the
residents of Edgewater do not feel they have received any
substantive concessions from the developer. He further
stated in the spirit of compromise, the residents will
support the Planning Commission's recommendation to allow
limited gasoline sales but not to allow the car wash. He
stated the residents feel C-3 uses are inconsistent with
residential development and requested that the Board support
the Planning Commission's recommendation to limit the uses to
C-2.
Ms. Kathy Rivera requested that the Board deny the request
because it is in the middle of a neighborhood, or, at a
minimum, support the Planning Commission's recommendation.
Mr. Bernard Savage stated he does not understand why the
residents object to a car wash. He provided a photograph of
the proposed car wash and stated the prospective buyer has
indicated he has no interest in purchasing the adjoining
convenience store unless a car wash is part of the package.
Ms. Jennifer McCarthy, a resident of Edgewater, stated if car
washes were intended for neighborhoods, they would not be C-3
uses. She further stated the neighbors have signed a letter
opposing a car wash and expressed concerns relative to
decreased property values as a result of a gas station and/or
car wash.
There being no one else to speak to the request, the public
hearing was closed.
Mrs. Humphrey stated she feels a gas station is a useful need
in the community. She expressed concerns that the applicant
has submitted a proffered condition to prohibit the sale of
diesel fuel and cautioned staff about accepting this type of
proffer in the future and causing school buses to travel
additional miles to obtain fuel. She then inquired where
staff will site a car wash on the subject property.
Mr. Jacobson stated there is no mandatory location for the
car wash, but staff will review the site plan to ensure that
all ordinance requirements are met. He noted the
neighborhood can participate in the site planning process.
Mrs. Humphrey inquired whether the proposed car wash would be
similar to the one in the Southshore neighborhood.
Mr. Jacobson stated car washes are recognized in C-3
districts as a broad category, including self-service car
washes with a number of bays. He further stated staff
supported the proposed car wash because it was restricted to
the smaller one-bay automatic car washes that tend to be much
less intrusive.
Mr. Barber referenced car washes at Belgrade and the Exxon
Station in Bon Air Village and noted that neither of these
facilities have received complaints from area residents. He
further stated convenience store/gas station/car wash
packages seem to be economically feasible, indicating he is
inclined to add all of the pieces necessary to provide for a
positive economic potential and he will support the car wash.
04-102
01/28/04
Mr. Miller inquired whether the car wash complies with the
Upper Swift Creek Plan.
Mr. Jacobson stated the Plan supports the concept of small-
scale neighborhood types of businesses at key locations of
intersections within the Upper Swift Creek area, but leaves
up to the Board the interpretation of the details of uses.
He further stated it is staff's opinion that the proposal
meets the intent of the Plan.
Mr. Miller expressed concerns relative to differences in
opinion of the Planning Commission and staff. He stated he
will support whatever motion Mrs. Humphrey makes.
Mr. Warren stated he, too, feels the car wash is an integral
part of the project and he will support the request because
it will improve the ratio of commercial to residential
development.
Mrs. Humphrey made a motion, seconded by Mr. Warren, for the
Board to approve Case 03SN0214 subject to conditions,
including the car wash and restricting the fueling stations
to three pump islands containing a total of no more than six
fueling stations.
Discussion ensued relative to the addendum regarding roofline
style.
Mr. Micas stated the Board could impose the proffered
condition as a condition and it would not be necessary to
suspend the rules to allow for the proffered condition.
Mrs. Humphrey amended her motion, seconded by Mr. Warren, for
the Board to impose the proffered condition relative to
roofline style as a condition.
Mr. Miller called for a vote on the motion of Mrs. Humphrey,
seconded by Mr. Warren, for the Board to approve Case
03SN0214 subject to the following conditions:
Uses. In addition to those uses permitted by right or
with restrictions in the Convenience Business (C-i)
District, the following use shall be permitted:
Se
Gasoline sales, excluding diesel fuel sales in
conjunction with a permitted use. A maximum of
three (3) pump islands containing a total of no
more than six (6) fueling stations (a maximum of
three (3) pumps having two (2) fueling nozzles
each) shall be permitted.
bo
Motor vehicle wash in conjunction with a permitted
use, provided such use is limited to a self-
service, automatic, single-bay operation (P)
Development Standards. Development shall conform to the
requirements of the Convenience Business (C-l) Districts
in Emerging Growth District Areas, except as follows:
a o
Hours. No use shall be open to the public between
9:00 p.m. and 6:00 a.m., except for convenience
store and restaurant uses which shall not be open
to the public between 11:00 p.m. and 6:00 a.m.
04-~03
0~/28/04
Individual Buildings. One building shall not
exceed 6,500 square feet of gross floor area and
shall be occupied by a child care center or office
use only. Such building may be located within 200
feet of an existing residentially zoned parcel.
All other buildings shall not exceed 5,000 square
feet of gross floor area. (P)
o
Prior to the issuance of a building permit on the
property (Tract G), Woolridge Road from Watermill
Parkway to Genito Road, and Watermill Parkway from
Woolridge Road to Old Hundred Road/Powhite Parkway
Extended shall be complete and ready for acceptance into
the State Maintenance System as determined by the
Transportation Department. (T)
o
Direct access across from the property to Fountain View
Drive shall be located at the eastern property line.
The exact location shall be approved by the
Transportation Department. (T)
5. Ail rooflines shall have a gable style. (P)
(Note: These conditions supersede Condition 6 of Case
95SN0307 for the request property only. Except for Condition
6, all previous conditions and proffered conditions of Case
95SN0307 shall remain in effect.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
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).
Ms. Beverly Rogers presented a summary of Case 03SN0315 and
stated the Planning Commission and staff recommended approval
and acceptance of the proffered conditions. She noted the
request conforms to the Powhite Route 288 Development Area
Plan. She stated the uses proposed by the application are
generally less intense than some of the uses allowed on other
properties located nearby. She further stated, as a result
of neighborhood concerns, the applicant has offered two
additional proffered conditions limiting the height of
freestanding lights and requiring the developer to notify the
last known representative of Plum Creek Subdivision of any
site plan submission.
Mr. Andy Scherzer, representing the applicant, stated area
residents expressed concerns relative to access to Genito
Road. He further stated there is an existing crossover
constructed by the Virginia Department of Transportation
(VDOT) that provides an access to the subject property, and
the applicant has offered proffered conditions that would
04-104
01/28/04
allow the existing access to be used by adjacent properties,
thereby limiting future needs for driveways onto Genito Road.
He further stated area residents expressed concerns relative
to hours of operation, indicating that the I-1 zoning
includes light industrial uses with limited activity. He
requested that the Board approve the proposed development.
Ms. Goldie Jordan, a resident of Plum Creek, expressed
concerns relative to the issue of access to Genito Road for
the proposed development and the use of county funds to
assist the developer in acquiring the off-site right of way
necessary for access. She stated she does not believe it
makes sense to open the access road to the proposed
development because adequate ingress and egress on Warbro
Road is already available.
Mr. Roy Jordan stated he feels the widening of Genito Road
was an unnecessary project because no one uses it to connect
to Route 288. He further stated existing businesses in the
area have done well with entrances on Warbro Road, and he
sees no reason for an entrance from Genito Road to the
proposed development. He suggested that the county focus on
improving Warbro Road rather than providing an entrance off
of Genito Road into the proposed development.
Mr. Scherzer stated the proposed access from Genito Road
would enable emergency vehicles to enter the development and
noted there are no safety concerns with the access and it
makes sense to open up this access to the proposed
development as well as future development.
There being no one else to speak to the request, the public
hearing was closed.
In response to Mr. Warren's questions, Mr. McCracken stated
both the Planning Commission and staff support the access to
the proposed development from Genito Road, indicating road
improvements have been made and it is able to accommodate
access to the subject property.
Mr. Warren commended Mr. McCracken upon receiving funding
from VDOT to make the Genito Road improvements and stated he
has received many compliments from the neighbors on Genito
Road regarding the road widening.
When asked, Mr. Mccracken stated staff does not believe the
proposed access will create a traffic issue or safety
concerns.
Mr. Warren made a motion, seconded by Mr. King, for the Board
to approve Case 03SN0315 and accept the following proffered
conditions:
1. Public water and wastewater shall be used. (U)
o
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)
04-105
01/28/04
o
o
o
Direct access from the property to Genito Road shall be
limited to one (1) entrance/exit and access from the
property to Warbro Road shall be limited to two (2)
entrances/exits. The exact location of these accesses
shall be approved by the Transportation Department. (T)
Forty-five (45) feet of right of way on the south side
of Genito Road and thirty-five (35) feet of right of way
on the east side of Warbro Road, measured from the
centerline of those roads immediately adjacent to the
property, shall be dedicated, free and unrestricted, to
and for the benefit of Chesterfield County. (T)
Prior to the release of the first building permit for
any development with access to Genito Road, an access
easement acceptable to the Transportation Department
shall be recorded from Genito Road to the parcel
identified as Tax ID 737-687-1924. (T)
To provide an adequate roadway system at the time of
complete development, the owner/developer shall be
responsible for the following:
ao
Construction of additional pavement along Warbro
Road at each approved access to provide right and
left turn lanes, if warranted, based on
Transportation Department standards;
bo
Construction of additional pavement along Genito
Road at the approved access to provide a right turn
lane, if warranted, based on Transportation
Department standards;
Relocation of the ditch to provide an adequate
shoulder along the east side of Warbro Road for the
entire property frontage;
do
Dedication to Chesterfield County, free and
unrestricted, of any additional right-of- way (or
easements) required for the improvements identified
above. In the event the developer is unable to
acquire any ~off-site" right of way that is
necessary for the improvements described in
Proffered Condition 6, the developer may request,
in writing, that the County acquire such right-of-
way as a public road improvement. Ail 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 shall
provide the road improvements within available
right-of-way as determined by the Transportation
Department. (T)
Prior to any site 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)
Outside storage shall be permitted. Outside storage
areas shall be screened from any internal private roads.
0~-106
01/28/04
Screening shall be accomplished by the use of durable
opaque fences and gates constructed of masonry pillars
with solid sections made of comparable materials to the
principal building and using a design compatible to the
principal building. (P)
(Note: This requirement is in addition to the screening
requirements of the Zoning Ordinance.)
Freestanding business
style. (P)
signs
shall be of a monument
10.
Each building exterior (all sides) shall be constructed
with a Concrete Masonry Unit (CMU), brick or metal with
an Exterior Insulation Finishing System (EIFS) finish
for a height of eight (8) feet measured from ground
elevation (excluding openings for doors, windows or
similar features). Any building exterior which faces an
unscreened outside storage or loading area on an
adjacent property, which faces an on-site outside
storage area serving the subject building that is
screened in accordance with Proffered Condition 8, or
any building exterior that is deemed to be adequately
screened due to, but not limited to, topography,
vegetation or similar features shall not be required to
be constructed of the above materials provided the
architectural treatment of the side otherwise complies
with the Zoning Ordinance. (P)
(Note: This requirement is in addition to the
architectural requirements of the Zoning Ordinance.)
11.
The following Light Industrial (I-l) uses shall not be
permitted:
1)
2)
3)
4)
5)
Converting paper to paperboard products, paperboard
containers and boxes.
Moving companies, to include, but not limited to,
households and businesses.
Paper recycling by the compaction method.
Recycling and processing of any material permitted
to be manufactured in this district.
Wholesale greenhouses, hot houses and nurseries
provided that nothing except plant materials is
stored outside of a completely enclosed building.
(p)
12.
Freestanding light fixtures shall not exceed a height of
twenty (20) feet measured from the top of curb. (P)
13.
The developer shall be responsible for notifying the
last known representative of Plum Creek Subdivision of
the submission of any site plan within the development.
Such notification 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)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-107
01/28/04
04SN0133
In Matoaca Magisterial District, GARY T. & BONNIE A. JENNINGS
request rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12) on 29.8 acres and a
Conditional Use Planned Development on 7.9 acres relative to
access in an Agricultural (A) District. 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 mixed use corridor and single family
residential use of 2.0 units per acre or less. This request
lies on 37.7 acres fronting approximately 130 feet on the
south line of Hull Street Road, approximately 2,300 feet east
of Baldwin Creek Road. Tax IDs 708-665-9636; 708-666-7360
and 9340; 708-667-7101 and 8937; 709-665-3176; 709-666-2039,
3731 and 4163 (Sheets 15 and 23).
Ms. Rogers presented a summary of Case 04SN0133 and stated
the Transportation Department supports the relocation of the
existing crossover east of the subject property on Hull
Street Road to directly in front of the proposed development,
indicating that the proposed crossover would allow more
property owners to be served than the existing one. She
further stated the Transportation Department has recommended
that the request only be approved if the westernmost access
to the adjacent commercial development is closed so as to
provide a better separation between the access point to the
subject property and the access point located immediately to
the east, indicating that this will provide better separation
between the relocated crossover and the adjacent commercial
access. She stated the Planning Commission recommended that
the crossover be relocated, if approved by VDOT, and that the
developer provide access from the north-south road into the
adjacent development, but did not require that the existing
access be closed. She further stated staff recommended
denial, indicating that, although the proposed zoning and
land uses comply with the Upper Swift Creek Plan, the request
fails to address transportation concerns relative to the
separation of access points along Hull Street Road. She
stated the Planning Commission recommended approval,
indicating that the proposal does comply with the Plan and
that future development would necessitate the closing of the
crossover and, at that time, that adjacent business would be
provided access to a crossover to the north-south roadway.
When asked, Ms. Rogers stated the existing business to the
east opposes closing the second access point, and both the
existing business and the adjacent property owner to the
north oppose relocating the crossover. She further stated
the Planning Commission believed it was appropriate to
relocate the crossover and that providing access from the
north-south road into the adjacent development would provide
them access back to a crossover at some point. She stated
there was no discussion relative to closing the second access
when the connection is made.
In response to Mrs. Humphrey's questions, Mr. McCracken
stated VDOT must approve relocation or closing of crossovers.
He further stated VDOT typically supports the county's
determinations. He noted staff tries to ensure that
crossovers serve as many people as possible, rather than
limiting them to one or two landowners. He stated if VDOT
does not support the crossover relocation, the applicant will
04-108
01/28/04
be required to provide turning lanes into the development.
He further stated if the crossover is relocated, the existing
business will lose its access to Hull Street, but will
receive a tie-in from the developer's property.
Mr. Miller inquired about safety
accessing the proposed development.
concerns relative to
Mr. McCracken stated staff could support the Planning
Commission's recommendation because he believes future
development would address any safety concerns that might
arise.
Mr. Andy Scherzer, representing the applicant, stated the
proposed access will serve the properties to the north and
the applicant will provide a third through lane across the
subject property as well as the property to the east. He
further stated the applicant will construct the access to the
existing development. He stated the third through lane with
become a right turn lane into the existing development to the
east, which he believes will ultimately help the business and
compensate for the minimal change in access.
Mr. Watson Marshall, representing Old Dominion Tractor,
stated Planning staff recommended denial because the county
requires 500 feet between each crossover. He further stated
the applicant has indicated, if the adjacent property owner
will not sell the necessary land for the turn lane, the
county's assistance will be necessary to acquire it. He
stated he does not believe it would be right for the county
to take the land of an existing development so that the
proposed development can have a deceleration lane.
Mr. Mike Phillips, representing Chesterfield Short Stop,
stated he does not support the request. He further stated he
has owned the property for over 20 years, and the store was
built in accordance with the dual-lane design of Hull Street
Road. He stated his business has served the community in a
safe and orderly manner for 40 years with no traffic issues.
He further stated county school buses can directly cross over
Hull Street to fuel at pumps designed for buses and other
customers. He stated, if the crossover is moved for the new
development, the safety, convenience and overall business of
Chesterfield Short Stop will be adversely impacted. He noted
the business has a petition with over 700 signatures stating
that it is a safe and convenient place to do business, and
that the crossover for westbound traffic is an asset. He
requested that the Board leave the safe turn lane and
crossover where it is, indicated he believes there are plenty
of other options for the new development. He requested that
the Board deny the request until a safe and fair plan is
developed.
Ms. Mandy Wilson, a resident of Hampton Park, expressed
concerns relative to the safety of children on Hampton Park
Drive. She stated she feels the county should encourage the
existing business to prosper. She further stated residential
development needs to be strongly limited in certain areas
until health, safety and welfare concerns can be addressed
and requested that the Board deny the proposal.
Mr. Barber noted that defer and deny are two separate issues,
and the Board cannot deny cases based on plan rew£ew. He
04-109
01/28/04
further noted that, unlike Henrico County, Chesterfield is
dependent upon the state for funding of the road system.
Mr. Patel, manager of Chesterfield Short Stop, stated he has
a petition with approximately 800 signatures indicating that
the crossover for westbound traffic is an asset to the
business. He further stated the crossover is a convenience
for buses and dump trucks that purchase diesel fuel.
Mr. Scherzer stated the existing gas station is situated in
the center of the property, and the developer is only
proposing to move the crossover to the other side of the
property to serve the entire quadrant. He further stated
school buses and others could safely access the business
through the proposed access into the side of the property.
He stated the road is intended to be extended and serve all
the properties east and west along and parallel to Hull
Street Road and will assist with the overall health, safety
and welfare of residents.
Ms. Durfee stated she feels the purpose of a public hearing
is to provide the Board with information individuals feel is
relevant. She requested that the Board defer this request
until the Upper Swift Creek Plan has been revised.
Mr. Mike Phillips, stated the Transportation Department has
indicated to him they will not support an access to the west
side of Chesterfield Short Stop, Incorporated's property,
which is proposed by the applicant.
Mr. Carroll Foster stated the 20-foot road being offered as
access by the applicant to Mr. Phillips' property will
provide a better traffic pattern. He further stated the
proposed road will not impact Hampton Park, and requested
that the Board approve the request.
No one else came forward to speak to the request.
Mrs. Humphrey expressed concerns that Mr. Patel's business
not be impacted by the proposal.
Mr. McCracken stated he is unaware of any other options to
provide to the owner of the existing business. He further
stated if the proposed access road is constructed from Route
360, the existing crossover must be moved. He stated if the
crossover is not moved, the conditions require that certain
improvements be made, but indicated this is not staff's
recommendation. He further stated he believes the proposal
will serve everyone's needs in the long term.
In response to Mr. Warren's questions, Ms. Cynthia Owens-
Bailey, representing the School Board, came forward and
provided details relative to short-term solutions to address
school overcrowding in the Upper Swift Creek area if the
Board continues to approve rezoning requests for residential
development.
Discussion ensued relative to the feasibility of providing a
left-turn lane into the subject property rather than
providing a crossover.
04-110
01/28/04
It was generally agreed that a 30-day deferral would allow
staff time to explore the option of a left-turn lane with the
property owners.
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
deferred Case 04SN0133 until February 25, 2004.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
18. ADJOURNMENT
On motion of Mr. Barber, seconded by Mr. Warren, the Board
adjourned at 11:23 p.m. until February 11, 2004 at 3:30 p.m.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
County Admini strat~
/Kel 1~ E .~Miller Cha i rman~
04-111
01/28/04