05-26-2004 MinutesBOARD OF SUPERVISORS
MINUTES
May 26, 2004
Supervisors in Attendance:
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
School Board Member in Attendance~
Dr. James Schroeder, Chairman
Mr. Lane B. Ramsey
County Administrator
Staff in Attendance:
Colonel Carl R. Baker,
Police Department
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Mr. Craig Bryant, Dir.,
Utilities
Dr. Billy Cannaday, Jr.,
Supt., School Board
Ms. Marilyn Cole, Asst.
County Administrator
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Ms. Rebecca Dickson, Dir.,
Budget and Management
Mr. Robert Eanes, Asst. to
the County Administrator
Ms. Lisa Elko, CMC
Clerk
Chief Stephen A. Elswick,
Fire Department
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Joseph Horbal,
Commissioner of Revenue
Mr. Thomas E. Jacobson,
Dir., Planning
Mr. Donald Kappel, Dir.,
Public Affairs
Ms. Kathryn Kitchen, Asst.
Supt. of Schools for
Business and Finance
Ms Pat Kizzie, Asst.
Dir,, Social Services
Ms Faith McClintic, Asst.
Dir., Economic Development
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
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Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Sheriff Clarence Williams,
Sheriff's Department
Mr. Miller called the regularly scheduled meeting to order at
3:33 p.m.
1. APPROVAL OF MINUTES FOR APRIL 28, 2004
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved the minutes of April 28, 2004, as submitted.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
o
Mr. Eanes stated it is an honor to recognize the
county's Fleet Maintenance Division for its
environmental accomplishment of the E2 Certification for
Environmental Excellence by the Virginia Department of
Environmental Quality. He then introduced Mr. Robert
Pratt, Fleet Manager.
Mr. Pratt expressed appreciation for the opportunity to
participate in the certification program. He introduced
Mr. Mark McCoy, Vehicle Maintenance Superintendent and
Ms. Dawn Harper, Administrative Assistant, who were
instrumental in achieving the certification.
Mr. Eanes introduced Mr. Tom Griffin, Outreach
Coordinator, Office of Pollution Prevention, Department
of Environmental Quality.
Mr. Griffin presented the E2 Certification for
Environmen'Sal Excellence to Mr. Pratt, accompanied by
Mr. McCoy and Ms. Harper, and commended the Fleet
Maintenance Division on its superior environmental
performance.
Mr. Miller introduced Mr. Harry Marsh who provided a
Chesterfield home grown tomato to each of the Board
members.
3. BOARD COMMITTEE REPORTS
There were no Board Committee Reports at this time.
4. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHAN~ES IN THE
ORDER OF PRESENTATION
On motion of Mr. Barber, seconded by Mr. King, the Board
added Item 8., Set Public Hearing Date to Consider Amendments
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to County and School Budgets; added Item 8.A.l.g., Adoption
of Resolution Recognizing Mr. Stephen Nicholas Richey Upon
Attaining the Rank of Eagle Scout; added Item 8.A.l.h.,
Adoption of Resolution Recognizing Mr. Robert E. Taylor, City
Manager, City of Colonial Heights, Upon His Retirement; added
Item 8.A.l.i., Adoption of Resolution Recognizing the Bon
Air-Manchester-Midlothian Lion's Club for Outstanding
Community Service; added Item 8.A.3.e., Award of Construction
Contract to Manning Construction, Incorporated for the
Chester House; replaced Item 14.F., Resolution Recognizing
Boy Scouts Upon Attaining the Rank of Eagle Scout; and
adopted the Agenda, as amended.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
5.A. HONORING THOSE WHO HAVE SERVED AND ARE SERVING IN THE
UNITED STATES MILITARY
5.A.1. COLONEL JESSE J. MAYES
Mr. Kappel introduced Colonel Jesse Mayes who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Chesterfield County is committed to honoring
and supporting the men and women who currently serve in the
U. S. military; and
WHEREAS, Chesterfield County is also dedicated to
honoring those who have served our nation honorably in the
past as members of the U. S. military; and
WHEREAS, Lieutenant Colonel Jesse J. Mayes retired from
the United States Army on November 30, 1964 after serving his
country honorably and with distinction for 22 years; and
WHEREAS, Mr. Baxter Perkinson, Sr., is a Chesterfield
County resident and World War II veteran of ~the Battle of
the Bulge"; and
WHEREAS, in 1983, Mr. Perkinson was also chairman of the
Citizenship and Patriotism Committee of the South
Chesterfield Ruritan Club, as well as past-president of that
organization; and
WHEREAS, Mr. Perkinson had planned a July 4th ceremony in
1983 at the county's Historic 1917 Courthouse; and
WHEREAS, Mr. Perkinson sought the approval
Matoaca District Supervisor, Jesse J. Mayes; and
of the
WHEREAS, Colonel Mayes was very supportive of Mr.
Perkinson's plans to honor our nation's veterans with this 4th
of July ceremony; and
WHEREAS, Colonel Mayes obtained the support of the
Chesterfield County Board of Supervisors for this patriotic
event; and
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WHEREAS, this 1983 ceremony has grown into an annual
event that draws visitors and veterans' organizations from
throughout the :region; and
WHEREAS, it is right to give our nation's veterans this
well-earned respect and remembrance.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 26tn day of May 2004,
publicly recognizes Lieutenant Colonel Jesse J. Mayes, U. S.
Army, (Retired) and extends appreciation for his military
service, as well as for his support for our nation's
veterans, including those from Chesterfield County; expresses
gratitude for tlhe innumerable other contributions he has made
to the safety and quality of life of our county while serving
on the Board of Supervisors; and wishes him continued health,
happiness and success.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Miller presented the executed resolution to Colonel Mayes
and expressed appreciation for his support of veterans across
the nation and his own military service, as well as his
service as a member of the Board of Supervisors.
Colonel Mayes expressed appreciation to the Board for the
recognition.
5.A.2. THE HONORABLE ERNEST P. GATES, SR. (RETIRED)
Mr. Kappel introduced The Honorable Ernest P. Gates, Sr., who
was present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Chesterfield County is committed to honoring
and supporting the men and women who currently serve in the
U. S. military; and
WHEREAS, Chesterfield County is also dedicated to
honoring those who have served our nation honorably in the
past as members of the U. S. military; and
WHEREAS, The Honorable Judge Ernest P. Gates, Sr.,
Retired Judge, Twelfth Circuit Court, served honorably with
the United States Navy during World War II; and
WHEREAS, then Ensign Gates was wounded in a kamikaze
attack on his ship during the battle for 0kinawa; and
WHEREAS, he was awarded the Purple Heart in recognition
of the wounds he suffered while serving his country; and
WHEREAS, Mr. Baxter Perkinson, Sr., is a Chesterfield
County resident and World War II veteran of "the Battle of
the Bulge"; and
WHEREAS, in 1983, Mr. Perkinson was also chairman of the
Citizenship and Patriotism Committee of the South
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Chesterfield Ruritan Club, as well as past-president of that
organization; and
WHEREAS, Mr. Perkinson had planned a July 4tn ceremony in
1983 at the county's Historic 1917 Courthouse; and
WHEREAS, Mr. Perkinson sought the approval of the
Honorable Judge Ernest P., Gates, Sr., Circuit Court Judge,
to use the courthouse for the ceremony in the event of
inclement weather; and
WHEREAS, Judge Gates was very supportive of Mr.
Perkinson's plans to honor our nation's veterans with this 4th
of July ceremony; and
WHEREAS, Judge Gates also suggested that a Veterans
Memorial Wall be constructed at the site of the historic
courthouse to honor all military veterans, especially those
who were residents of Chesterfield County; and
WHEREAS, this 1983 ceremony has grown into an annual
event that draws visitors and veterans' organizations from
throughout the region; and
WHEREAS, it is right to give our nation's veterans this
well-earned respect and remembrance.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 26th day of May 2004,
publicly recognizes retired Judge Ernest P. Gates, Sr., and
extends appreciation for his military service and personal
sacrifice, as well as for his support for our nation's
veterans, including those from Chesterfield County; expresses
gratitude for the innumerable other contributions he has made
to the safety and quality of life of our county while serving
on the bench; and wishes him continued success and happiness
in his retirement.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Miller presented the executed resolution to Judge Gates
and commended him on his support of our nation's veterans and
his own military service, as well as the many contributions
he made to Chesterfield County during his service as Circuit
Court Judge.
Judge Gates expressed appreciation to the Board for the
recognition and also for its support of armed forces.
5.A.3. MR. BAXTER PERKINSON, SR.
Mr. Kappel introduced Mr. Baxter Perkinson, Sr., who was
present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Chesterfield County is committed to honoring
and supporting the men and women who currently serve in the
U. S. military; and
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WHEREAS, Chesterfield County is also dedicated to
honoring those who have served our nation honorably in the
past as members of the U. S. military; and
WHEREAS, Mr. Baxter Perkinson, Sr., is a Chesterfield
County resident and World War II veteran of the famous
~Battle of the Bulge"; and
WHEREAS, in 1983, Mr. Perkinson was also chairman of the
Citizenship and Patriotism Committee of the South
Chesterfield Ruritan Club, as well as past-president of that
organization; and
WHEREAS, Mr. Perkinson had planned a July 4th ceremony in
1983 at the county's Historic 1917 Courthouse; and
WHEREAS, Mr. Perkinson sought permission from Judge
Ernest P. Gates, Sr., Twelfth Judicial Circuit, to use the
site of the Historic 1917 Courthouse for the ceremony; and
WHEREAS, Mr. Perkinson also sought the approval of the
Matoaca District Supervisor, Lieutenant Colonel Jesse J.
Mayes, U. S. Army (Retired); and
WHEREAS, both Judge Gates and Colonel Mayes were very
supportive of [Mr. Perkinson's plans to honor our nation's
veterans with this 4th of July ceremony; and
WHEREAS, this 1983 ceremony has grown into an annual
event that draws visitors and veterans' organizations from
throughout the region; and
WHEREAS, it is right to give our nation's veterans this
well-earned respect and remembrance.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 26tn day of May 2004,
publicly recognizes Mr. Baxter Perkinson, Sr. for his
patriotism, extends appreciation for his military service, as
well as for his support for our nation's veterans, especially
those from Chesterfield County; expresses gratitude for the
innumerable other contributions he has made to the county
through his untiring efforts on behalf of our nation's
veterans, and wishes him continued health, happiness and
success.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays:None.
Mr. Miller presented the executed resolution to Mr. Perkinson
and commended him on his military service and support of all
veterans, especially those from Chesterfield County.
Mr. Perkinson expressed appreciation to the Board for their
support.
5.D. RECO~NiZIN~ MASTER OFFICER HU~H H. DICKERSON, III,
POLICE DEPARTMENT, UPON HIS RETIREMENT
Colonel Baker introduced Mr. Hugh Dickerson who was present
to receive the resolution.
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On motion of the Board, the following resolution was adopted:
WHEREAS, Master Police Officer Hugh H. "Dickie"
Dickerson will retire from the Chesterfield County Police
Department on June 1, 2004, after providing 31 years of
quality service to the citizens of Chesterfield County; and
WHEREAS, Officer Dickerson has faithfully served the
county in the capacity of Deputy Sheriff, Patrol Officer,
Investigator, Senior Police Officer and Master Police
Officer; and
WHEREAS, Officer Dickerson has served in specialized
units during his tenure with the Police Department that
include K-9 Officer for Patrol Division and VICE unit, SWAT
team member, and Traffic Accident Reduction Team member; and
WHEREAS, Officer Dickerson received a Certificate of
Commendation for distinguished and exceptional performance of
duty during the investigation of breaking and entering,
larceny, auto larceny and vandalism cases; and because of his
patience and devotion to duty, those responsible were
apprehended and charged with twenty-one crimes, which
resulted in forty-two cases being cleared; and
WHEREAS, Officer Dickerson received the Meritorious
Service award for his actions during an attempted suicide in
October 1991 when his personal bravery and self sacrifice
saved the life of an individual who was very despondent,
suicidal and armed with a shotgun; and
WHEREAS, Officer Dickerson received a Certificate of
Commendation for his actions on December 18, 2003, when he
responded to a residence where an intoxicated and depressed
individual became irate and irrational; and during the course
of the ordeal, Officer Dickerson had to wrestle two shotguns
away from the individual on two separate occasions, being
threatened with the shotgun during one of the incidents,
while maintaining control of a potentially volatile
situation, displaying bravery and bringing it to a safe
conclusion; and
WHEREAS, Officer Dickerson has received numerous letters
of thanks and appreciation for service rendered from the
citizens of Chesterfield County; and
WHEREAS, Officer Dickerson has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Officer Dickerson's diligent service.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 26th day of May 2004,
publicly recognizes Master Police Officer Hugh H. "Dickie"
Dickerson, 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 Dickerson, and that this
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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. Dickerson, accompanied by Colonel Baker, expressed
appreciation for his dedicated service and congratulated him
upon his retirement.
Mr. Dickerson expressed appreciation to the Board for its
support of public safety in Chesterfield County.
Colonel Baker stated Mr. Dickerson will be missed by the
Police Department.
5.B. RECOGNIZING MR. DAVID WITT, AN EXTRAORDINARY VIRGINIA
SPECIAL OLYMPICS ATHLETE
Sheriff Williams introduced Mr. David Witt and Mr. Rick
Jeffries, President of Special Olympics for 2004.
Mr. Jeffries stated it is an honor for a person with mental
disabilities to be recognized by the community in which he
lives. He expressed appreciation to the Board for
recognizing David's accomplishments.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. David Witt has been a resident of
Chesterfield County since 1985 and attends L.C. Bird High
School; and
WHEREAS, Mr. Witt has been an active and devoted
participant of Special Olympics Virginia for 11 years; and
WHEREAS, Mir. Witt has demonstrated his willingness to
take on new challenges through his participation in various
sports to include bowling, softball, soccer, basketball and
speed skating; and
WHEREAS, Mr. Witt has an unwavering commitment to
Special Olympics Virginia, having never missed a bowling
season since he joined the team in 1993; and
WHEREAS, Mr. Witt was selected to travel to Ireland to
represent Special Olympics Virginia and Chesterfield County;
and
WHEREAS, Mir. Witt won two gold medals at the Special
Olympics games in Ireland for speed skating in the 30-meter
straight and 30-meter slalom competitions; and
WHEREAS, Mr. Witt's dedication to and representation of
Special Olympics Virginia as well as Chesterfield County is
an example to all who know him.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 26th day of May 2004,
publicly recognizes Mr. David Witt for his faithful
participation in and dedication to Special Olympics and his
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representation of Special Olympics Virginia and Chesterfield
County.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Warren presented the executed resolution to Mr. Witt,
accompanied by his mother Ms. Carol Estes, Sheriff Williams,
and Mr. Jeffries, and commended him on his dedication to
Special Olympics as well as his excellent representation of
Chesterfield County.
Mr. Witt told about his experience in Ireland.
Ms. Estes expressed appreciation to the Board, Sheriff
Williams, and Mr. Jeffries for the support they provide to
Special Olympics athletes.
Sheriff Williams requested the support of everyone for the
Law Enforcement Torch Run that benefits Special Olympics.
5.C. RECOgNIZiNG CJWMEDICAL CENTER AND ROBIOUS SPORTS AND
FITNESS FOR A DONATION OF PHYSICAL FITNESS EQUIPMENT TO
THE DEPARTMENT OF FIRE AND EMERGENCY MEDICAL SERVICES
Chief Elswick introduced Mr. Rick Morrow and Mr. Ward
Hamilton, who were present to receive the resolutions on
behalf of CJW Medical Center and Robious Sports and Fitness.
On motion of the Board, the following resolution was adopted:
WHEREAS, CJW Medical Center and Robious Sports and
Fitness provided a generous donation which was used by the
Chesterfield County Department of Fire and Emergency Medical
Services toward the improvement of firefighter physical
conditioning; and
WHEREAS, the donation will aid in the enhancement of our
firefighters' ability to perform their mission through better
strength and conditioning; and
WHEREAS, CJW Medical Center and Robious Sports and
Fitness have aided and improved fire and emergency medical
services through enhanced conditioning of our firefighters;
and
WHEREAS, through the cooperative efforts of Mrs.
Margaret Lewis and Mr. Ward Hamilton, the spirit of
community/private partnerships has provided the department
with increased capabilities to improve physical fitness of
our firefighters; and
WHEREAS, Chesterfield County greatly appreciates this
donation and is looking forward to continuing a strong
relationship with CJW Medical Center and Robious Sports and
Fitness.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 26th day of May 2004,
publicly recognizes CJW Medical Center and Robious Sports and
Fitness and expresses appreciation for their generous
contribution toward firefighter fitness.
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AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be ]presented to CJW Medical Center and Robious
Sports and Fitness 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. Barber presented the executed resolutions to Mr. Morrow
and Mr. Hamilton and expressed appreciation for the generous
donation to support Chesterfield County firefighters as well
as CJW's continuous generosity in the community.
Mr. Morrow expressed appreciation to the Board, on behalf of
CJW Medical Center, for the opportunity to partner with the
county.
Mr. Hamilton e~ressed appreciation to the Board, on behalf
of Robious Sports and Fitness, for the extraordinary training
provided to firefighters and emergency response personnel to
protect our co~nunity.
Mrs. Humphrey excused herself from the meeting.
5.E. RECOGNIZING DEFENSE SUPPLY CENTER RICHMOND (DSCR) FOR
ITS CONTRIBUTION TO CHESTERFIELD COUNTY BY NAMING IT
THE LARGE BUSINESS OF THE YEAR FOR 2004
Ms. McClintic introduced Mr. Charles Carrell who was present
to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Board of Supervisors
established a Business Appreciation and Recognition Award to
recognize exis. ting businesses within the county that
contribute to the county's economy and its citizens; and
WHEREAS, Defense Supply Center Richmond (DSCR) occupies
over 600 acres along the 1-95 corridor in southern
Chesterfield County and employs approximately 3,000
employees; and
WHEREAS, DSCR has been a consistent, dependable supplier
of quality goods and services to those defending the nation
around the world since it was activated in 1942; and
WHEREAS, in 1996, DSCR was designated as the lead center
for aviation consumable support within the Department of
Defense, and the primary source of supply for nearly 850,000
repair parts wi'5h direct application to aviation; and
WHEREAS, tlhe center receives about 8,000 demands a day,
or about a quarter of a million demands a month from all
corners of the world; and
WHEREAS, the installation is the recipient of numerous
citations and certificates for its community service; and
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WHEREAS, DSCR supports Virginia Blood Services and
participates in one of the largest school partnerships in the
Richmond metropolitan area, and its employees volunteer in a
variety of school programs and donated a record $262,000 to
the Combined Federal Campaign in 2003.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 26th day of May 2004,
publicly recognizes Defense Supply Center Richmond and
expresses appreciation, on behalf of the county, for its many
contributions by recognizing it as the 2004 Large Business
recipient of the Chesterfield County Business Appreciation
and Recognition Award.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to DSCR and that this resolution be
permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Miller, Barber, King and Warren.
Nays: None.
Absent: Humphrey.
Mr. King presented the executed resolution and an engraved
plate to Mr. Carrell, commended Defense Supply Center
Richmond for its many contributions to the county, and
congratulated them for being the 2004 Large Business
recipient of the Chesterfield County Business Appreciation
and Recognition Award.
Mr. Carrell expressed appreciation to the Board for the
recognition and stated Chesterfield County is a great place
to live and work.
Mrs. Humphrey returned to the meeting.
RECOGNIZING THE DUPONT SPRUANCE SITE FOR ITS
CONTRIBUTION TO CHESTERFIELD COUNTY BY NAMING IT THE
CHESTERFIELD COUNTY LARGE BUSINESS OF THE YEAR FOR 2004
Ms. McClintic introduced Ms. Linda Derr and Mr. Bill Harrison
who were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Board of Supervisors
established a Business Appreciation and Recognition Award to
recognize existing businesses within the county that
contribute to the county's economy and its citizens; and
WHEREAS, DuPont Spruance was built on a 500-acre parcel
in 1929, and today employs 2,600 employees; and
WHEREAS, DuPont recently celebrated its 200th birthday;
and
WHEREAS, the Spruance plant belongs to the worldwide
family of plants that manufactures and produces products from
chemicals for every possible use imaginable; and
WHEREAS, during the past ten years, DuPont has spent
over $550 million to expand and modernize the Spruance
business assets; and
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WHEREAS, in May 2001, DuPont announced a $50 million
capital investment to increase production of Kevlar® fiber at
the Spruance site; and
WHEREAS, DuPont sponsors
encourages its employees to
activities; and
many community causes and
volunteer in community
WHEREAS, DuPont Spruance employees volunteer in a wide
variety of civic groups, athletic teams, rescue squads and
volunteer fire departments.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 26th day of May 2004,
publicly recognizes DuPont Spruance and expresses
appreciation, on behalf of the county, for its many
contributions by recognizing it as the 2004 Large Business
recipient of the Chesterfield County Business Appreciation
and Recognition Award.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to DuPont Spruance and that this
resolution be permanently recorded among the papers of this
Board of Superw[sors of Chesterfield County, Virginia.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. King presented the executed resolution and an engraved
plate to Ms. Derr, accompanied by Mr. Harrison, commended
DuPont Spruance for its many contributions to the county, and
congratulated them for being the 2004 Large Business
recipient of tine Chesterfield County Business Appreciation
and Recognition Award.
Ms. Derr expressed appreciation to the Board for the
recognition and stated the Spruance site has enjoyed a 75-
year presence in the community.
5.G. RECOGNIZING CITY ICE FOR ITS CONTRIBUTION TO
CHESTERFIELD COUNTY BY NAMING IT THE CHESTERFIELD
COUNTY SMALL BUSINESS OF THE YEAR FOR 2004
Ms. McClintic introduced Mr. Mark Resnick, Mrs. Peg Resnick,
Mr. James Faber, Ms. Jena Dalton, Mr. Phillip Lilly, Mr.
Benny Saunders and Mr. Antonio Pullium, who were present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Board of Supervisors
established a Business Appreciation and Recognition Award to
recognize existing businesses within the county that
contribute to the county's economy and its citizens; and
WHEREAS, City Ice, which is located at 13600 Permilla
Springs Drive in Chester, employs 19 full-time employees; and
WHEREAS, the small, independent company produces tube
ice, which is round with a hole in the center, and was the
first to manufacture round ice in this area, establishing the
"Ice Rounds" brand; and
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WHEREAS, in 1999, the company was the first in the
industry to design an eight-color process print package with
a handle, a pull strip to remove the handle, a zip-lock
closure, and a heat-sealed bottom; and
WHEREAS, City Ice has enjoyed double-digit growth in a
very competitive industry; and
WHEREAS, during Hurricane Isabel, City Ice staff worked
14 to 18-hour days to serve the community and the Federal
Emergency Management Agency; and Mark Resnick and the
employees of City Ice provided the Emergency Operations
Center with over 40 tons of ice for distribution to the
citizens of Chesterfield County.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 26th day of May 2004,
publicly recognizes City Ice and expresses appreciation, on
behalf of the county, for its many contributions by
recognizing it as the 2004 Small Business recipient of the
Chesterfield County Business Appreciation and Recognition
Award.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to City Ice 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. King presented the executed resolution and an engraved
plate to Mr. And Mrs. Resnick, accompanied by fellow
employees, commended City Ice for its extraordinary
contributions to the community following Hurricane Isabel,
and congratulated them for being the 2004 Small Business
recipient of the Chesterfield County Business Appreciation
and Recognition Award.
Mr. Resnick expressed appreciation to the Board for the
recognition.
5.H. RECOGNIZING MAY 22-28, 2004, AS "SAFE BOATING WEEK" IN
CHESTERFIELD COUNTY
Mr. Kappel introduced Mr. Don Thomas, Flotilla Commander for
Flotilla 38, and Mr. Kemp Davis, Vice Flotilla Commander, who
were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, recreational boating is fun and enjoyable, and
we are fortunate to have resources to accommodate a wide
variety of pleasure boating demands; and
WHEREAS, our waterways can become crowded at times, and
although boating is a marvelous source of recreation, to the
unprepared, it can be a risky sport; and
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WHEREAS, on average, 700 people die each year in
boating-related accidents in the United States and nearly 70
percent of these are fatalities caused by drowning; and
WHEREAS, the vast majority of these accidents are caused
by human error or poor judgment and not by the boat,
equipment, or environmental factors; and
WHEREAS, a significant number of boaters who lose their
lives by drowning each year would be alive today had they
worn their life jackets; and
WHEREAS, modern life jackets are more comfortable, more
attractive, and more wearable than styles of years past and
deserve a fresh look by today's boating public.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board cf Supervisors, this 26~n day of May 2004,
publicly recognizes May 22 - 28, 2004, as ~Safe Boating Week"
in Chesterfield County, urges all citizens to ~Boat Smart,
Boat Safe, Wear It" and practice safe boating habits, and
encourages boaters to have their vessels examined for safety
by the United States Coast Guard Auxiliary, free of charge,
during Vessel Safety Megaweeks - May 22 - July 4, 2004.
Ayes: Miller, Barber, Humphrey, Kin~ and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution to Commander
Thomas, accompanied by Mr. Davis, and urged all boaters in
Chesterfield County to practice safe boating habits.
Commander Thomas urged residents to wear floatation devices
when boating.
6. WORK SESSIONS
There were no work sessions at this time.
7. DEFERRED IT.S
There were no deferred items at this time.
8. NEW BUSINESS
Mr. Ramsey announced that a study by American City Business
Journals, Incorporated indicates that of all the 3,141
counties and independent cities across the United States,
Chesterfield County offers the nation's 17th best quality of
life.
O SET PUBLIC HEARIN~ DATE TO CONSIDER AMENDMENTS TO COUNTY
AND SCHOOL BOARD BUDGETS
Mr. Ramsey stated actions taken by the General Assembly
followin~ the Board's adoption of the county's FY2005 budget
has resulted in additional revenues. He further stated
recommendations have been made for usin~ the revenues to
address critical issues. He introduced Ms. Kitchen to review
School issues and recommendations.
Ms. Kitchen reviewed FY2005 additional revenue for schools.
She also reviewed recommended expenditures for schools,
noting that the additional revenue will allow schools to fund
04-424
05/26/04
a four percent salary increase for all employees with
targeted adjustments of five and seven percent for selected
teachers, as well as reduce the pupil-teacher-ratio by .5.
Ms. Dickson reviewed FY2005 additional county revenue and
recommended expenditures, including increased merit increase
from 2.5 percent to four percent for FY2005; debt service for
a potential transportation package; purchasing voting
machines; Police Grant expenses; reserve for health care
costs for FY2006; and funding for one Adult Protective
Services Worker.
There was brief discussion relative to
transportation package funding.
the recommended
Mr. Barber thanked Dr. Cannaday and Dr. Schroeder for their
efforts in directing the uses of the additional school
revenue.
Dr. Schroeder stated the School Board is deeply appreciative
of the Board's willingness to share revenue and its
commitment to help each child in the county become educated.
Mrs. Humphrey expressed concerns relative to the
Commonwealth's lengthy budget process and urged the School
Board and taxpayers to contact the county's legislative
delegation regarding this issue.
Dr. Cannaday expressed appreciation to the Board for its
continued support of public education and for the wonderful
relationship he enjoys with Mr. Ramsey.
Mr. Ramsey stated the excellent working relationship between
the county and schools makes difficult issues much easier to
deal with.
Mr. Miller stated the integrity of both Dr. Cannaday and Mr.
Ramsey is demonstrated through their relationship with one
another.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
set the date of June 23, 2004 at 7:00 p.m. for a public
hearing to consider amendments to the FY2005 county and
school budgets and appropriation of funds.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A. CONSENT ITEMS
8.A.1. ADOPTION OF RESOLUTIONS
8.A.I.&. RECOGNIZING HR. RICHARD R. JOHNSON, COUNTY
ADMINISTRATOR, HANOVER COUNTY, UPON HIS
RETIREMENT
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Mr. Richard R. Johnson is a native of Suffolk,
Virginia; and
04-425
05/26/04
WHEREAS, Mr. Johnson earned a Bachelor's degree in
History and Political Science from Frederick College; and
WHEREAS, Mr. Johnson was a teacher at Churchland High
School in Portsmouth, Virginia; and
WHEREAS, Mr. Johnson then became Director of Finance for
the City of Suffolk, Virginia and served in that capacity
from 1973-1980; and
WHEREAS, Mr. Johnson relocated with his family and
became Director of Finance for Hanover County, Virginia from
1981-1987; and
WHEREAS, from 1987-1998 Mr. Johnson was Deputy County
Administrator for the County of Hanover; and
WHEREAS, Mr. Johnson served as Acting County
Administrator for Hanover County from 1990-1991 and from
February-June 1!)98; and
WHEREAS, Mr. Johnson has been County Administrator of
Hanover County, Virginia from June 1998 until the present;
and
WHEREAS, Mr. Johnson has loaned his talents to many
commissions and committees over the years, including the
Middle Peninsula Juvenile Detention Commission; the Pamunkey
Regional Jail Authority; the Hanover County Finance
Committee; the Richmond Regional Planning District
Commission; the Hanover/Ashland Liaison Committee; the
Virginia Juvenile Justice and Delinquency Prevention Advisory
Committee; the State Emergency Medical Services Advisory
Board; the Greater Richmond Convention Center Authority and
the Greater Richmond Partnership; and
WHEREAS, in several of these organizations, Mr. Johnson
assumed leaderslhip roles, such as serving as Chairman of the
Greater Richmond Convention Center Authority; Chairman of the
Pamunkey Regional Jail Authority and serving on the Board of
Directors of the Greater Richmond Partnership; and
WHEREAS, throughout a distinguished career of public
service, Mr. Johnson has served the people of Hanover County
and the people of the Greater Metropolitan Richmond Area
honorably, ably and with wisdom.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby expresses its best wishes
to Mr. Kichard R. Johnson on the occasion of his retirement,
and on behalf of all citizens of Chesterfield County, thanks
him for his commitment, dedication and outstanding public
service, which have contributed significantly to the
outstanding quality of life offered in the region; and wishes
him a long and happy retirement where he may enjoy more time
with his wife, Debbie and children, Thomas and Elizabeth.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
0~-~26
05/26/04
8.A.l.b. RECOGNIZING CAPTAIN MICHAEL C. BRIGATI,
CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVICES
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Captain Michael C. Brigati will retire from the
Chesterfield County Fire and Emergency Medical Services
Department on May 31, 2004; and
WHEREAS, Captain Brigati attended Recruit School #12 in
1981 and has faithfully served the county for nearly twenty-
five years in various assignments as a Firefighter at the Eon
Air Fire and Dutch Gap Fire Stations; as a Sergeant at the
Clover Hill and Ettrick Fire Stations; as a Lieutenant at the
Ettrick and Dutch Gap Fire Stations; and as a Captain in
numerous staff assignments in both the Training and Safety
Division and the Emergency Operations Division; and
WHEREAS, Captain Brigati helped prepare the organization
to develop its future leaders through his work to revise the
Officer Development Program Level I, for firefighters who
aspire to be lieutenants; and
WHEREAS, Captain Brigati was a driving force behind the
development of the Officer Development Level II Program for
officers who aspire to captain and chief officer positions in
the organization, a program that further enhanced the
organization's ability to develop future leaders; and
WHEREAS, Captain Brigati was a key figure in the
development of the first Joint Metro Officers School
involving Chesterfield and Henrico counties and the City of
Richmond Fire Departments, a venture that was the genesis for
Chesterfield Fire an Emergency Medical Services' own annual
First-line Supervisors School; and
WHEREAS, Captain Brigati was a key figure in the
creation of the Critical Incident Stress Management Team, a
joint venture between Chesterfield Fire and Emergency Medical
Services and the county's Mental Health Department dedicated
to helping fire and EMS personnel manage the psychological
stresses associated with the delivery of emergency services;
and
WHEREAS, Captain Brigati was a member of the SCUBA
Rescue Team and served with that specialty team for twenty-
two years; and
WHEREAS, Captain Brigati was recognized in the course of
his career with two EMS Life Save awards, and participated in
fire ground operations at the former Park Lee Apartments on
April 12, 1997 that saved the lives of several young people,
resulting in a Unit Citation.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the contributions of
Captain Michael C. Brigati, expresses the appreciation of all
residents for his service to the county, and extends
appreciation for his dedicated service and congratulations
upon his retirement.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-427
05/26/04
8.A.l.c. RECOGNIZING GIRL SCOUTS UPON ATTAINING THE COLD
AWARD
8. A. 1. c. 1. T~ KENDRA GORE
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the Girl Scouts of the United States of America
is an organization serving over 2.6 million girls and was
founded to promote citizenship training and personal
development; and
WHEREAS, after earning four interest project patches,
the Career Exploration Pin, the Senior Girl Scout Leadership
Award, the Senior Girl Scout Challenge, and designing and
implementing a Girl Scout Gold Award project; and
WHEREAS, the Gold Award is the highest achievement award
in Girl Scouting and symbolizes outstanding accomplishments
in the areas of leadership, community service, career
planning, and personal development; and
WHEREAS, the Girl Scout Award can only be earned by
girls aged 14-17 or in grades 9-12 and is received by less
than six percent of those individuals entering the Girl
Scouting movement; and
WHEREAS, Miss Tammara Kendra Gore, Troop 927, sponsored
by Grace Lutheran Church, has accomplished these high
standards and has been honored with the Girl Scouts of
America Gold Award by the Commonwealth Girl Scout Council of
Virginia; and
WHEREAS, growing through her experiences in Girl
Scouting, learning the lessons of responsible citizenship,
and priding herself on the great accomplishments of her
country, Tammara is indeed a member of a new generation of
prepared young citizens of whom we can all be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes Miss Tammara Kendra
Gore, extends congratulations on her attainment of the Gold
Award and acknowledges the good fortune of the county to have
such an outstanding young woman as one of its citizens.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.l.c.2. CRISTEN ELIZABETH GROSECLOSE
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the Girl Scouts of the United States of America
is an organization serving over 2.6 million girls and was
founded to promote citizenship training and personal
development; and
0~-~28
05/26/04
WHEREAS, after earning four interest project patches,
the Career Exploration Pin, the Senior Girl Scout Leadership
Award, the Senior Girl Scout Challenge, and designing and
implementing a Girl Scout Gold Award project; and
WHEREAS, the Gold Award is the highest achievement award
in Girl Scouting and symbolizes outstanding accomplishments
in the areas of leadership, community service, career
planning, and personal development; and
WHEREAS, the Girl Scout Award can only be earned by
girls aged 14-17 or in grades 9-12 and is received by less
than six percent of those individuals entering the Girl
Scouting movement; and
WHEREAS, Miss Cristen Elizabeth Groseclose, Troop 927,
sponsored by Grace Lutheran Church, has accomplished these
high standards and has been honored with the Girl Scouts of
America Gold Award by the Commonwealth Girl Scout Council of
Virginia; and
WHEREAS, growing through her experiences in Girl
Scouting, learning the lessons of responsible citizenship,
and priding herself on the great accomplishments of her
country, Cristen is indeed a member of a new generation of
prepared young citizens of whom we can all be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes Miss Cristen Elizabeth
Groseclose, extends congratulations on her attainment of the
Gold Award and acknowledges the good fortune of the county to
have such an outstanding young woman as one of its citizens.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.l.c.3. BETHANY LAURA TRIM
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the Girl Scouts of the United States of America
is an organization serving over 2.6 million girls and was
founded to promote citizenship training and personal
development; and
WHEREAS, after earning four interest project patches,
the Career Exploration Pin, the Senior Girl Scout Leadership
Award, the Senior Girl Scout Challenge, and designing and
implementing a Girl Scout Gold Award project; and
WHEREAS, the Gold Award is the highest achievement award
in Girl Scouting and symbolizes outstanding accomplishments
in the areas of leadership, community service, career
planning, and personal development; and
WHEREAS, the Girl Scout Award can only be earned by
girls aged 14-17 or in grades 9-12 and is received by less
than six percent of those individuals entering the Girl
Scouting movement; and
04-429
05/26/04
WHEREAS, Miss Bethany Laura Trim, Troop 927, sponsored
by Grace Lutheran Church, has accomplished these high
standards and has been honored with the Girl Scouts of
America Gold Award by the Commonwealth Girl Scout Council of
Virginia; and
WHEREAS, growing through her experiences in Girl
Scouting, learning the lessons of responsible citizenship,
and priding herself on the great accomplishments of her
country, Bethany is indeed a member of a new generation of
prepared young citizens of whom we can all be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes Miss Bethany Laura
Trim, extends congratulations on her attainment of the Gold
Award and acknowledges the good fortune of the county to have
such an outstanding young woman as one of its citizens.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.l.c.4. REBECCA LYN PARKER
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the Girl Scouts of the United States of America
is an organization serving over 2.6 million girls and was
founded to promote citizenship training and personal
development; and
WHEREAS, after earning four interest project patches,
the Career Exploration Pin, the Senior Girl Scout Leadership
Award, the Senior Girl Scout Challenge, and designing and
implementing a Girl Scout Gold Award project; and
WHEREAS, the Gold Award is the highest achievement award
in Girl Scouting and symbolizes outstanding accomplishments
in the areas of leadership, community service, career
planning, and personal development; and
WHEREAS, the Girl Scout Award can only be earned by
girls aged 14-17 or in grades 9-12 and is received by less
than six percent of those individuals entering the Girl
Scouting movement; and
WHEREAS, Miss Rebecca Lyn Parker, Troop 927, sponsored
by Grace Lutheran Church, has accomplished these high
standards and has been honored with the Girl Scouts of
America Gold Award by the Commonwealth Girl Scout Council of
Virginia; and
WHEREAS, growing through her experiences in Girl
Scouting', learning the lessons of responsible citizenship,
and priding herself on the great accomplishments of her
country, Rebecca is indeed a member of a new generation of
prepared, young citizens of whom we can all be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes Miss Rebecca Lyn
Parker, extends congratulations on her attainment of the Gold
04-430
05/26/04
Award and acknowledges the good fortune of the county to have
such an outstanding young woman as one of its citizens.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.l.c.5. SINDHU JUJJAVARAPU
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the Girl Scouts of the United States of America
is an organization serving over 2.6 million girls and was
founded to promote citizenship training and personal
development; and
WHEREAS, after earning four interest project patches,
the Career Exploration Pin, the Senior Girl Scout Leadership
Award, the Senior Girl Scout Challenge, and designing and
implementing a Girl Scout Gold Award project; and
WHEREAS, the Gold Award is the highest achievement award
in Girl Scouting and symbolizes outstanding accomplishments
in the areas of leadership, community service, career
planning, and personal development; and
WHEREAS, the Girl Scout Award can only be earned by
girls aged 14-17 or in grades 9-12 and is received by less
than six percent of those individuals entering the Girl
Scouting movement; and
WHEREAS, Miss Sindhu Jujjavarapu, Troop 927, sponsored
by Grace Lutheran Church, has accomplished these high
standards and has been honored with the Girl Scouts of
America Gold Award by the Commonwealth Girl Scout Council of
Virginia; and
WHEREAS, growing through her experiences in Girl
Scouting, learning the lessons of responsible citizenship,
and priding herself on the great accomplishments of her
country, Sindhu is indeed a member of a new generation of
prepared young citizens of whom we can all be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes Miss Sindhu
Jujjavarapu, extends congratulations on her attainment of the
Gold Award and acknowledges the good fortune of the county to
have such an outstanding young woman as one of its citizens.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.l.d. RECOGNIZING THE TIM REID SCHOLARSHIP FOUNDATION
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Chesterfield County is committed to providing
the youths of our community with every opportunity to
succeed; and
04-431
05/26/04
WHEREAS, it is well recognized that there are some young
people in our communities whose families are economically
challenged; and
WHEREAS, in 1997, Tim and Daphne Reid, actors and owners
of New Millennium Studios, formed the Tim Reid Scholarship
Foundation; and
WHEREAS, this foundation was dedicated to
"Universal understanding through education"; and
creating
WHEREAS, in 2004, the foundation expanded to become the
Virginia Scholarship and Youth Development Foundation; and
WHEREAS, the mission of the Virginia Scholarship and
Youth Development Foundation is still to provide scholarships
to underprivileged youths; and
WHEREAS, students at Chesterfield's own Virginia State
University have benefited from scholarships provided through
the foundation; and
WHEREAS, the foundation also reaches out to our young
people at an even earlier age to provide developmental
assistance, including mentorship and other important guidance
tools; and
WHEREAS, these efforts are geared toward
brighter futures for these young people; and
creating
WHEREAS, an important component of the foundation's
efforts is the annual Celebrity Weekend event, held this year
May 13-15, which attracts more than 8,000 people annually and
features many well known performers and other celebrities at
an exciting weekend of golf, tennis, VIP receptions, youth
festivals, celebrity galas and auctions, all to raise
scholarship funds for deserving youths.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its
congratulations and best wishes to Tim and Daphne Reid on the
exemplary achievements of this worthwhile program, thanks
them for their dedication to the betterment of our young
peoples' futures, and wishes them continued success in these
worthwhile and generous ventures.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.l.e. RECOGNIZING MS. JOYCE BOYD, MENTAL HEALTH/MENTAL
RETARDATION/SUBSTANCE ABUSE DEPARTMENT UPON HER
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Ms. Joyce Boyd will retire on June 1, 2004
after seventeen years of dedicated and faithful service to
Chesterfield; and
WHEREAS, Ms. Boyd began her career with the Chesterfield
County Department of Mental Health, Mental Retardation, and
04-432
05/26/04
Substance Abuse in June 1987 as a part time Word Processing
Specialist and began full time in 1989; and
WHEREAS, Ms. Boyd served as Senior Office Assistant in
the reception pods and other support positions and was the
trainer for temporary administrative employees; and
WHEREAS, Ms. Boyd served on in-house committees such as
the Health and Safety Committee and represented her
department for many years as representative to the
Chesterfield Employee Association; and
WHEREAS, Ms. Boyd used her administrative skills to the
best of her ability to meet the needs of consumers and staff;
and
WHEREAS, Ms. Boyd always displayed an enthusiastic,
positive, caring attitude, and a willingness to accept new
projects and responsibilities; and
WHEREAS, Ms. Boyd will be sorely missed for her ever-
present smile and commitment to providing quality customer
service to her co-workers and Chesterfield's citizens.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the contributions of
Ms. Joyce Boyd, extends its appreciation for her seventeen
years of dedicated service to the county, and offers
congratulations and best wishes for a long and happy
retirement.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.l.f.
RECOGNIZING CAPTAIN D'S RESTAURANT ON ITS NEW
LOCATION IN CHESTERFIELD COUNTY
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Chesterfield County is committed to being the
first choice business community; and
WHEREAS, Chesterfield County recognizes that businesses
provide Chesterfield County residents and visitors to the
county with services they need and want; and
WHEREAS, businesses also provide Chesterfield County
residents with employment opportunities; and
WHEREAS, Captain D's Seafood Restaurants
operating successfully in several places
Chesterfield County for several years; and
have been
throughout
WHEREAS, a new Captain D's restaurant is opening on
Turner Road and Midlothian Turnpike; and
WHEREAS, this family-oriented restaurant will be opening
at a site at which an adult video store had previously been
attempting to open; and
04-433
05/26/04
WHEREAS, Captain D's is a business that is much better
suited to this location, and is a business that the county
welcomes and that our residents will patronize and enjoy; and
WHEREAS, tlhe establishment of this business demonstrates
that adhering to principles of proper planning can result in
enhanced quality of life for our residents; and
WHEREAS, Chesterfield County wishes Captain D's much
success at this latest Chesterfield County location.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby congratulates Captain D's
Seafood Restaurant on the opening of its newest Chesterfield
County restaurant, welcomes the business to the Turner
Road/Midlothian Turnpike location on behalf of Chesterfield
County residents, and extends all best wishes to the
restaurant's owners and operators for many years of success.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.l.g.
RECOGNIZING MR. STEPHEN NICHOLAS RICHEY UPON
ATTAINING THE RANK OF EAGLE SCOUT
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Stephen Nicholas Richey, Troop 876,
sponsored by Mount Pisgah United Methodist Church, has
accomplished those high standards of commitment and has
reached the long-sought goal of Eagle Scout, which is earned
by only four percent of those individuals entering the
Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Nick has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 26th day of May 2004,
recognizes Mr. Stephen Nicholas Richey, extends
congratulations on his attainment of Eagle Scout, and
04-434
05/26/04
acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.l.h. RECOGNIZIN~ MR. ROBERT E. TAYLOR~ CITY MANA~R,
CITY OF COLONIAL HEIGHTS, UPON HIS RETIREM~-NT
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Chesterfield County and the City of Colonial
Heights share a common border and many common challenges; and
WHEREAS, Mr. Robert E. Taylor has served as city manager
of Colonial Heights since June 4, 1984; and
WHEREAS, Mr. Taylor is the longest-tenured active city
manager in the Commonwealth of Virginia; and
WHEREAS, under his
grown and prospered; and
leadership,
Colonial
Heights has
WHEREAS, during Mr. Taylor's tenure as city manager, the
city's annual general fund budget increased from $10.5
million to $36 million; and
WHEREAS, the city's annual capital projects budget
increased during this time from one-half million dollars to
$3.5 million; and
WHEREAS, annual tax revenues increased from $6 million
to more than $22 million; and
WHEREAS, Mr. Taylor was founding chairman of the
Riverside Regional Jail Authority, served as chairman and
vice-chairman of both the Central Virginia Waste Management
Authority and the South Central Wastewater Authority, served
as vice-chairman and secretary/treasurer of the Appomattox
River Water Authority, served on the Executive Committee of
the Virginia Local Government Management Association and was
an active member of both the Colonial Heights Planning
Commission and the Crater Planning District Commission; and
WHEREAS, Mr. Taylor has
effective June 30, 2004; and
announced his
retirement
WHEREAS, it is
appreciation to Mr.
service of 20 years.
appropriate to extend this Board's
Taylor for his distinguished public
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its
congratulations and best wishes to Mr. Robert E. Taylor on
the occasion of his retirement, thanks him for his long and
able service to the City of Colonial Heights and the entire
region, and wishes him a long and happy retirement.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-435
05/26/04
8.A.l.i. RECOGNIZING TW~ BON AIR-MANCHESTER-MIDLOTHIAN LIONS
CLUB FOR OUTSTANDING COMMUNITY SERVICE
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the Manchester Lions Club was chartered on
March 2, 1934; and
WHEREAS, the club's charter was to serve the needs of
old Manchester, Oak Grove, Forest Hills and Westover Hills;
and
WHEREAS, on October 13,
Lions Club was chartered; and
1972, the Bon Air-Midlothian
WHEREAS, its charter was to serve the needs of Stratford
Hills, Bon Air and Midlothian; and
WHEREAS, these two Lions Clubs merged on January 1,
2001, becoming the Bon Air-Manchester-Midlothian Lions Club;
and
WHEREAS, the club serves all of the neighborhoods
previously served by the separate clubs; and
WHEREAS, community service has ranged from providing
milk for school students; operating the Christmas for the
Needy program; supporting Bainbridge Cormmunity Ministries;
providing college scholarships; sponsoring Kids Bike Safety
classes and providing free eye examinations and eyeglasses
for the needy; and
WHEREAS, service to the community is the hallmark of the
Lion's Club organization.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County iBoard of Supervisors hereby expresses its gratitude,
on behalf of all Chesterfield County residents, for the
outstanding and long-tenured community service of the Bon
Air-Manchester-Midlothian Lions Club and its earlier
components, thanks the members for their selfless and civic-
minded activities on behalf of the community, and wishes the
Bon Air-Manchester-Midlothian Lions Club continued success in
all its endeavors.
Ayes: Miller, Barber, Humphrey., King and Warren.
Nays: None.
8.A.2. APPROPRIATION OF FUNDS
8.A.2.&. IN STATE REIMBURSEMENT FOR DRAINAGE IMPROVEMENTS AT
GREENFIELD ELEMENTARY SCHOOL SOCCER COMPLEX
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
appropriated $150,000 in state reimbursement for installation
of a drainage system and associated sitework at Greenfield
Elementary School Soccer Complex.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-436
05/26/04
8.A.2.b. IN BUILDING INSPECTION REV~-.~iUE TO COVER ADDITIONAT
BUILDING INSPECTION EXPENSE~
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
appropriated $468,300 in Building Inspection revenue to cover
additional expenses in the Building Inspection Department.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.2.c. IN REVENUE FOR THE DEPARTMENT OF ~%LTH TO COVE~
ADDITIOi~%L EXPENSES
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
authorized the appropriation of $81,100 in refunds received
by the Health Department from the state to cover additional
expenses in the Health Department.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.2.d. IN INFORMATION SYSTEMS TECHNOLOGY REVENUE TO COVER
COST OF UPGRADING THE COUNTY'S TELEPHONE SYSTEM
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
appropriated $144,428 in Information Systems Technology
revenue to cover the cost of upgrading the county's telephone
system.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8 .A.2 .e.
IN STATE WIRELESS 911 SERVICES BOARD FUNDS TO
ADDRESS EQUIPMENT NEEDS RELATED TO THE COUNTY'S
AUTOMATED 911 SYSTEM
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
appropriated $79,200 in state wireless 911 funds to address
equipment needs related to the county's automated 911 system.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.2.f.
IN STATE COMPENSATION BOARD FUNDS TO ADDRESS
EQUIPMENT NEEDS IN THE COMMONWEALTH ATTORNEY'S
OFFICE
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
appropriated $23,691 in state Compensation Board funds to
address equipment needs in the Commonwealth Attorney's
office.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-437
05/26/04
8.A.2.g.
AUTHORIZATION TO ENTER INTO AGREEMENTS AND
AUTHORIZATION TO AW~aRD CONSTRUCTION CONTRACT FOR
NASH ROAD AT BEACH ROAD RIGHT TUKN LANE IMPROVEi-m-NT
PROJECT
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
appropriated $59,519 in cash proffers from Traffic Shed 17
for the construction of a right turn lane on Nash Road at
Beach Road, and authorized the County Administrator to enter
into the necessary Virginia Department of
Transportation/county/consultant/contractor, design, right-
of-way acquisition and/or construction agreements, acceptable
to the County Attorney, for the project.
And, further, the Board authorized the County Administrator
to award a construction contract, up to $57,000, to the
lowest responsible bidder.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.2.h. IN EXCESS FY2004 PLANNING DEPARTMENT FEE REVENUE TO
OFFSET PLANNING DEPARTMENT EXPENSES
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
appropriated up to $100,000 in excess FY2004 Planning
Department fee revenue to offset Planning Department
expenses.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.3. AWARD OF CONSTRUCTION CONTRACTS
8.A.3.&. TO SHELTON CORPORATION FOR HORNER PARK, PHASE I,
MOUNT HERMAN ROAD EXTENDED
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
authorized the County Administrator to execute a construction
contract, with Shelton Corporation in the amount of $715,813
for work at Horner Park to construct Phase I, Mount Herman
Road Extended, a new access roadway from Clover Hill Athletic
Complex across Otterdale Creek into the new Horner Park
property.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.3 .b.
TO COLONY CONSTRUCTION, INCORPORATED FOR ECOFF
ELEMENTARY SCHOOL ATHLETIC COMPLEX PHASE II, NEW
ENTRANCE AND PARKING LOT
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
authorized the County Administrator to execute a construction
contract with Colony Construction, Incorporated in the amount
of $185,000 for work at Ecoff Elementary School Athletic
Complex~ for Phase II new entrance and parking lot.
04-438
05/26/04
And, further, the Board transferred available funds in the
amount of $33,500 from Parks Improvements to the Goyne
Park/Ecoff Elementary School.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.3.c. TO BRYANT ELECTRIC COMPANY, INCORPORATED FOR T~
BEP/~umA ORCHARD WATERLINE PROJECT AND TRANSFER OF
· 'uNDS FROM THE RUFFIN MILL - PHASE II PROJECT TO
· ~= BER~umA ORCHARD WATERLINE PROJECT
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
awarded a construction contract to Bryant Electric Company,
Incorporated in the amount of $1,943,987 for county project
97-0120, Bermuda Orchard Waterline, and transferred $425,000
from project 97-0119E to project 97-0120E.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.3 .d.
TO 42 CONTRACTING COMPANY FOR IMPROVF2~.~TS TO
THE BUS GArbAGE FUEL POINT AND APPROPRIATION OF
FUNDS FROM THE FLEET MAINTENANCE ~TAINED EARNING~
ACCOUNT FOR THESE IMPROVEMENTS
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
awarded a construction contract to 42 Contracting Company in
the amount of $153,760 for improvements to the Bus Garage
Fuel Point, appropriated $173,760 from Fleet Maintenance
retained earnings, and authorized the County Administrator to
execute all contract documents.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.3.e. TO MANNING CONSTRUCTION, INCORPORATED FOR T~
CHESTER HOUSE
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
authorized the County Administrator to execute a contract
with Manning Construction, Incorporated in the amount of
$1,310,000 for construction of the Chester House.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.4.
8.A.4.&.
SET PUBLIC HEARING DATES
TO CONSIDER MISCELLANEOUS AMENDMENTS TO SECTIO~
17-36 OF THE SUBDIVISION ORDINANCE, AND SECTION~
19-65, 19-66, 19-100, 19-102, 19-103, 19-107.1,
19-108, 19-144, 19-145, 19-159, 19-172, 19-173,
19-181, 19-227, 19-301, 19-513, 19-514, 19-555,
19-637, 19-638 AND 19-650 OF THE ZONING ORDINANCE
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
set the date of June 23, 2004 at 7:00 p.m. for a public
hearing for the Board to consider miscellaneous amendments to
04-439
05/26/04
section 17-36 of the Subdivision Ordinance, and sections 19-
65, 19-66, 19-100, 19-102, 19-103, 19-107.1, 19-108, 19-144,
19-145, 19-159, 19-172, 19-173, 19-181, 19-227, 19-301, 19-
513, 19-514, 19-555, 19-637, 19-638 and 19-650 of the Zoning
Ordinance.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.4.b. TO CONSIDER ANA~ND~NT TO THE TOWER SITING POLICY
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
set the date of June 23, 2004 at 7:00 p.m. for a public
hearing for the Board to consider an amendment to the Tower
Siting Policy and related code amendments.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.4.c. TO CONSIDERs FY2005 THROUGH FY2010 SECONDARY ROAD
SIX-Y~2~R IMPROVEMENT PLAN; FY2005 SECONDARY ROAD
IMPROVEmeNT BUDGET; PROJECT DEVELOPMENT SCHEDULES
FOR CHESTERFIELD ROAD FUND, REGIONAL SURFACE
TRANSPORTATION PRO~RAM FUND, AND CONGESTION
MITIGATION AIR QUALITY FUND; DESIGNATION OF FY2005
CHESTERFIELD ROAD FUND PROJECTS AND FY2004
SUPPLEMENTAL CHESTERFIELD ROAD FUND PROJECT; AND
TRANSFER OF FUNDS
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
set the date of June 23, 2004 at 7:00 p.m. for a public
hearing for the Board to consider the FY2005 through FY2010
Secondary Road Six-Year Improvement Plan; FY2005 Secondary
Road Improvement Budget; Project Development Schedules for
Chesterfield Road Fund, Regional Surface Transportation
Program Fund; and Congestion Mitigation Air Quality Fund;
Designation of FY2005 Chesterfield Road Fund Projects and
FY2004 Supplemental Chesterfield Road Fund Project; and
transfer of funds from the General Road Improvement Account
to the Newbys Bridge Road east of Qualla Road Project.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.5.
APPROVAL OF REQUEST FROM SUBSTANCE ABUSE FREE
ENVIRONMENT, INCORPORATED (SAFE) FOR A MUSIC/
ENTERTAINMENT FESTIVAL PERMIT FOR BANDFEST~ SCHOOL'S
OUT ON JUNE 18, 2004
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from Substance Abuse Free Environment,
Incorporated (SAFE) for a music/entertainment festival permit
for Bandfest: School's Out on June 18, 2004.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04 -440
05/26/04
8.A.6. APPROVAL OF REQUEST FOR A PERMIT TO STAGE A FIREWO~K~
DISPLAY FOR COMCAST'S FOURTH OF JULY CE?.~m_RATION AT
· ~ C~S~RFIELD COUNTY FAIRGROUND~
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from the Chesterfield County Department of
Parks and Recreation for a permit to stage a fireworks
display at Comcast's Fourth of July Celebration at the
Chesterfield County Fairgrounds on July 4, 2004.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.7. STATE ROAD ACCEPTANCE
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the street described below is 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
street meets the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Tvl~e Chanae to the Secondary System of State Highways: Addition
Basis for Change:
Statutory Reference:
Project:
From:
To:
Addition, New subdivision street
§33.1-229
Adkins Ridge, Section 1
Adklns Ridge Place, State Route Number: 5654
Stroud Ln., (Rt, 1449)
Cul-de-sac, a distance of: 0.07 miles.
Right-of-way record was filed on 5/14/2003 with the Office Of Clerk To Circuit Court in Pb.133; Pg. 74,
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
04-441
05/26/04
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia. Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of 'Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Chan;le to the Secondary System of State Hi,;Ihways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Hollymeade, Section D and a Portion of Section C
® Croft Crossing Court, State Route Number: 5701
From: Croft Crossing Dr., (Rt. 5700)
To: Cul-de-sac, a distance of: 0.08 miles.
Right-of-way record was filed on 4/1/2003 with the Office Of Clerk To Circuit Court in Pb. 133; Pg. 9, with
a width of 40 Ft.
· Croft Crossing Drive, State Route Number: 5700
From: Lockberry Ridge Lp., (Rt. 4393)
To: Croft Crossing Ct., (Rt. 5701), a distance of: 0.06 miles.
Right-of-way record was filed on 4/1/2003 with the Office Of Clerk To Circuit Court in Pb. 133; Pg. 9, with
a width of 50 Ft.
· Croft Crossing Drive, State Route Number: 5700
From: Croft Crossing Ct., (Rt. 5701)
To: Lockberry Ridge Lp., (Rt. 4393), a distance of: 0.23 miles.
Right-of-way record was filed on 4/1/2003 with the Office Of Clerk To Circuit Court in Pb. 133; Pg. 9, with
a width of 40 Ft.
Right-of-way record was filed on 10/04/2001 with the Office Of Clerk To Circuit Court in Pb. 120; P0. 88, 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
04-442
05/26/04
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 Section 33.1-229, Code of Virginia, and the
Department' s Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
AND, BE IT FURTHER RESOLVED, that a certified
this resolution be forwarded to the Resident Engineer
Virginia Department of Transportation.
TVl3e Chanoe to the Secondary System of State Highways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Birkdale, Section 16
· Sawgrass Place, State Route Number: 5711
From: Spyglass Hill Cr., (Rt. 5279)
To: Cul-de-sac, a distance of: 0.08 miles.
Right-of-way record was filed on 10/1/2004 with the Office Of Clerk To Circuit Court in Pb. 129; Pg. 40,
with a width of 40 Ft.
· Spyglass Hill Circle, State Route Number: 5279
From: Killarney Ct. (Rt. 5318)
To: Sawgrass PI., (Rt. 5711), a distance of: 0.04 miles.
Right-of-way record was filed on 10/1/2004 with the Office Of Clerk To Circuit Court in Pb.129; Pg. 40,
with a width of 50 Ft.
· Spyglass Hill Circle, State Route Number: 5279
From: Sawgrass PI., (Rt. 5711)
To: Spyglass Hill Tn., (Rt. 5712) & Spyglass Hill Tr., (Rt. 5713), a distance of: 0.19 miles.
Right-of-way record was filed on 10/1/2004 with the Office Of Clerk To Circuit Court in Pb.129; Pg. 40,
with a width of 50 Ft.
· Spyglass Hill Circle, State Route Number: 5279
Spyglass Hill Tn., (Rt. 5712) & Spyglass Hill Tr., (Rt. 5713)
0.13 Mi. E of Spyglass Hill Tn., (Rt. 5712) & Spyglass Hill Tr., (Rt. 5713), a distance of: 0.13 miles.
Right-of-way record was filed on 10/1/2004 with the Office Of Clerk To Circuit Court in Pb.129; Pg. 40,
From:
To:
with a width of 50 Ft.
· Spyglass Hill Terrace, State Route Number: 5713
From: Spyglass Hill Cr., (Rt. 5279)
04-443
this Board guarantees
as described, and any
drainage.
copy of
for the
05/26/04
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 10/1/2004 with the Office Of Clerk To Cimuit Court in Pb.129; Pg. 40,
with a width of 40 Ft.
· Spyglass Hill Turn, State Route Number: 5712
From: Spyglass Hill Cr., (Rt. 5279)
To: Cul-de-sac, a distance of: 0.08 miles.
Right-of-way record was filed on 10/1/2004 with the Office Of Clerk To Circuit Court in Pb.129; Pg. 40,
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
Transpor tat ion.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department' s Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Change to the Secondary System of State Hi~lhways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Edgewater at the Reservoir, Section 1
· Shorewood Court, State Route Number: 5714
From: N. Woolridge Rd., (Rt. 668)
To: Shorewood PI., (Rt. 5715), a distance of: 0.03 miles.
Right-of-way record was filed on 7/26/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 8, with
a width of 40 Fl:.
·
From:
To:
Shorewood Court, State Route Number: 5714
Shorewood PI., (Rt. 5715)
Cul-de-sac, a distance of: 0.09 miles.
Right-of-way record was filed on 7/26/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 8, with
a width of 40 Ft.
04 -444
05/26/04
· Shorewood Place, State Route Number: 5717
From:
Shorewood Ct., (Rt. 5714)
To:
Cul-de-sac, a distance of: 0.10 miles.
Right-of-way record was filed on 7/26/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 8, 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 Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
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:
John Winston Jones Parkway
John Winston Jones Parkway, State Route Number: 5716
Woodpecker Rd., (Rt. 626)
Bus Loop (Rt. 9086), a distance of: 0.34 miles.
·
From:
To:
John Winston Jones Parkway, State Route Number: 5716
Bus Loop (Rt. 9086)
Bus Loop (Rt. 9086), a distance of: 0.19 miles.
·
From:
To:
John Winston Jones Parkway, State Route Number: 5716
Bus Loop (Rt. 9086)
0.06 Mi. N of Bus Loop (Rt. 9086), a distance of: 0.06 miles.
And, further, the Board adopted the following resolution:
WHEREAS, Matoaca High School, a public school, is
situated on State Route 5716 and is served by a roadway that
04-445
05/26/04
provides access for school bus traffic as depicted on the
sketch attached; and
WHEREAS, construction of the road is complete, financed
by sources other than those administered by the Virginia
Department of Transportation, and meets standards deemed by
said Department appropriate for the traffic anticipated; and
WHEREAS, the Chesterfield County School Board and this
Board hereby guarantees a right of way of 14 feet with
additional drainage and slope easements necessary for
maintenance of the road.
NOW, THEREFORE, BE IT RESOLVED, that this Board,
pursuant to Section 33.1-68, Code of Virginia, requests the
following road be added to the secondary system of state
highways.
AND, BE IT FURTHER RESOLVED, that this Board hereby
agrees to reimburse the Virginia Department of Transportation
any costs that it incurs to correct defects in the road,
supporting fills, and drainage due to defective workmanship
or materials that occurs within the first year following its
acceptance as part of the secondary system of state highways.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer of the
Virginia Department of Transportation.
Tvpe Change to the Secondary System of State Hiahwavs: Addition
Basis for Change:
Statutory Reference:
Addition, School Bus Road
§33.1-68
Project:
Matoaca High School
Matoaca High School Bus Loop, State Route Number: 9086
From:
John Winston Jones Pkw., (Rt. 5716)
To: John Winston Jones Pkw., (Rt. 5716), a distance of: 0.14 miles.
And, further, the Board adopted the following resolution:
WHEREAS, the street 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
street meets the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
04-446
05/26/04
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Tyre ChanQe to the Secondary System of State Highways: Addition
Basis for Change:
Statutory Reference:
Addition, New subdivision street
§33.1-229
Project: Springford Parkway
Springford Parkway, State Route Number: 5717
From:
Spring Run Rd., (Rt. 662)
To:
0.15 Mi. S of Spring Run Rd., (Rt. 662), a distance of: 0.15 miles.
And, further, the Board adopted the following resolution:
WHEREAS, Spring Run Elementary School, a public school,
is situated on State Route 662 and is served by a roadway
that provides access for school bus traffic as depicted on
the sketch attached; and
WHEREAS, construction of the road is complete, financed
by sources other than those administered by the Virginia
Department of Transportation, and meets standards deemed by
said Department appropriate for the traffic anticipated; and
WHEREAS, the Chesterfield County School Board and this
Board hereby guarantees a right of way of 14 feet with
additional drainage and slope easements necessary for
maintenance of the road.
NOW, THEREFORE, BE IT RESOLVED, that this Board,
pursuant to Section 33.1-68, Code of Virginia, requests the
following road be added to the secondary system of state
highways.
AND, BE IT FURTHER RESOLVED, that this Board hereby
agrees to reimburse the Virginia Department of Transportation
any costs that it incurs to correct defects in the road,
supporting fills, and drainage due to defective workmanship
or materials that occurs within the first year following its
acceptance as part of the secondary system of state highways.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer of the
Virginia Department of Transportation.
Type Change to the Secondary System of State Highwavs: Addition
Basis for Change:
Addition, School Bus Road
Statutory Reference: §33.1-68
Project: Spring Run Elementary School
Spring Run Elementary Bus Loop, State Route Number: 9900
From:
Springford Pkwy., (Rt. 5717)
To:
Springford Pkwy., (Rt. 5717), a distance of: 0.22 miles.
And, further, the Board adopted the following resolution:
04 -447
05/26/04
WHEREAS, the street described below is 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
street meets the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Change to the Secondary System of State Hi;Ihways: Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference: §33.1-229
Project:
Coalbrook at the Grove, Section 4
Coalbrook Drive, State Route Number: 5529
From:
0.03 Mi. N of Heth Dr., (Rt. 5530)
To:
0.21 Mi. N of Heth Dr., (Rt. 5530), a distance of: 0.18 miles.
Right-of-way record was filed on 3/19/2003 with the Office Of Clerk To Circuit Court in Pb. 132; Pg. 82,
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 Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
04 -448
05/26/04
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 Chanoe to the Secondary System of State Highways: Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference:
§33.1-229
Project:
Kingham at the Grove, Section 4
Railey Hill Drive, State Route Number: 5519
From:
0.05 Mi. E of Kingham Dr., (Rt. 5518)
To:
Railey Hill Ct., (Rt. 5696), a distance of: 0.05 miles.
Right-of-way record was filed on 3/19/2003 with the Office Of Clerk To Circuit Court in Pb. 132; Pg. 84,
with a width of 40 Ft.
·
From:
Railey Hill Drive, State Route Number: 5519
Railey Hill Ct., (Rt. 5696)
To:
Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 3/19/2003 with the Office Of Clerk To Circuit Court in Pb. 132; Pg. 84,
with a width of 40 Ft.
Railey Hill Court, State Route Number: 5696
From:
Railey Hill Dr., (Rt. 5519)
To:
Cul-de-sac, a distance of: 0.07 miles.
Right-of-way record was filed on 3/19/2003 with the Office Of Clerk To Circuit Court in Pb. 132; Pg. 84,
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 Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
04-449
05/26/04
Baals for Change:
Statutory Reference:
Project:
From:
To:
Type Change to the Secondary System of State Highways:
Addition, New subdivision street
§33.1-229
Krim Point at the Grove, Section 2
Krim Point Court, State Route Number: 5709
Krim Point Lp., (Rt. 4762)
Krim Point Lp., (Rt. 4762), a distance of: 0.03 miles.
Addition
Right-of-way record was filed on 5/7/2002 with the Office Of Clerk To Circuit Court in Pb. 125; Pg. 87, with
a width of 130 Ft.
· Krim Point Loop, State Route Number: 4762
From: 0.02 Mi. N of Krim Point Wy., (Rt. 4761)
To: Krim Point TI., (Rt. 5710), a distance of: 0.01 miles.
Right-of-way record was filed on 5/7/2002 with the Office Of Clerk To Circuit Court in Pb. 125; Pg. 87, with
a width of 40 Ft.
· Krlm Point Loop, State Route Number: 4762
From: Krim Point TI., (Rt. 5710)
To: Krim Point Ct., (Rt. 5709), a distance of: 0.03 miles.
Right-of-way record was filed on 5/7/2002 with the Office Of Clerk To Circuit Court in Pb. 125; Pg. 87, with
a width of 40 Ft.
· Krim Point Loop, State Route Number: 4762
From: Krim Point Ct., (Rt. 5709)
To: Krim Point Ct., (Rt. 5709), a distance of: 0.03 miles.
Right-of-way record was filed on 5/7/2002 with the Office Of Clerk To Circuit Court in Pb. 125; Pg. 87, with
a width of 40 Ft.
· Krim Point Loop, State Route Number: 4762
From: Krim Point Ct., (Rt. 5709)
To: Krim Point TI., ( Rt 5710), a distance of: 0.14 miles.
Right-of-way record was flied on 5/7/2002 with the Office Of Clerk To Circuit Court in Pb. 125; Pg. 87, with
Krim Point Loop, State Route Number: 4762
Krim Point Ti., (Rt 5710)
0.01 Mi. S of Krim Point TI., (Rt 5710), a distance of: 0.0t miles.
Right-of-way record was filed on 5/7/2002 with the Office Of Clerk To Circuit Court in Pb. 125; Pg. 87, with
a width of 40 Ft.
a width of 40 Ft.
From:
To:
Krim Point Trail, State Route Number: 5710
Krim Point Lp., (Rt. 4762)
Krim Point Lp., (Rt. 4762), a distance of: 0.09 miles.
·
From:
To:
04-4,50
05/26/04,
Right-of-way record was fil~ on 5/7/2002 with the Office ~ Cle~ To Circuit Cou~ in Pb. 125; Pg. 87, with
a width of 40 Ft.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.8. APPROVAL OF WATER CONTRACT FOR STA~?.?GHT LANE.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved the following water contract for 1017 Starlight Lane
(Contract Number 03-0158), which includes 110 L.F. + of four-
inch water lines: --
Developer:
Contractor:
G. S. Parsons Construction Company
C. D. French Excavating Contractors, Inc.
Contract Amount:
Estimated County Cost for Offsite ....
Estimated Developer Cost .........
Estimated Total .............
Code: (Refunds thru Connections - Offsite)
$1,975.60
$5,824.40
$7,80o.00
5B-572VO-E4D
District: Clover Hill
(It is noted a copy of the vicinity sketch is filed with the
papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.9. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM T~
BERMUDA AND CLOVER HILL DISTRICT IMPROVEId~NT FUNDS TO
THE FIRE DEPAR~ FOR THE JUNIOR SAFETY CAMP
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
transferred $100 each from the Bermuda and Clover Hill
District Improvement Funds (total of $200) to the Fire
Department to help defray the costs associated with the
Junior Safety Camp, which will be offered by the department's
Fire and Life Safety Division.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.10. REQUESTS FOR PERMISSION
8.A.10.&. FROM STEVEN W. ANDERSON ANDMICHELLE L. ANDERSON
FOR A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-
FOOT EASEMENT ACROSS LOT 18, ASHBROOK, SECTION 11
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from Steven W. Anderson and Michelle L.
Anderson for permission for a proposed fence to encroach
within an eight-foot easement across Lot 18, Ashbrook,
Section 11, 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.
04-451
05/26/04
8.A.10.b. FROM T.I~.WIS W. WRIGHT, III AND ANNE M. WRIGHT FOR A
PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT
DRAINA~ EASEmeNT ACROSS LOT
RESERVOIR, SECTION 6
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from Lewis W. Wright, III and Anne M.
Wright for permission for a proposed fence to encroach within
a 16-foot drainage easement across Lot 41, Edgewater At The
Reservoir, Section 6, 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.A.10.C. FROM WILLIAM M. ANDREWS, JR. AND CHRISTINE D.
ANDREWS FOR A PROPOSED FENCE TO ENCROACH WITHIN AN
EIGHT-FOOT EASEMENT ACROSS LOT 86, MONTCLAiR AT
SOUTHBEND, SECTION I
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from William M. Andrews, Jr. and Christine
D. Andrews for permission for a proposed fence to encroach
within an eight-foot easement across Lot 86, Montclair at
Southbend, Section 1, 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.A.10.d.
FROM ROADRUNNER ENTERPRISES, INCORPORATED TO
INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE
EASEMENT TO SERVE PROPERTY ON PATROMDALE DRIVE
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from Roadrunner Enterprises, Incorporated,
t/a New Millenium Builders for permission to install a
private sewer service within a private easement to serve
property at 9817 Patromdale Drive, and authorized the County
Administrator to execute the sewer connection agreement. (It
is noted a copy of the vicinity sketch is filed with the
papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.11. ACCEPTANCE OF PARCELS OF LAND
8.A.11.a. ADJACENT TO THE WEST RIGHT OF WAY LINE OF
IRONBRID~E ROAD FROM C. W. WRIGHT CONSTRUCTION
COMPANY, INCORPORATED
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
accepted the conveyance of a parcel of land containing 0.067
acres from C. W. Wright Construction Company, Incorporated,
and authorized the County Administrator to execute the deed.
04-452
05/26/04
(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.A.11.b. FOR THE EXTENSION OF CENTER POINTE PARKWAY FROM
BON SECOURS - SAINT FRANCIS ~t~DICa?. CE_NTER,
INCORPORATED
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
accepted the conveyance of three parcels of land containing a
total of 0.066 acres from Bon Secours-Saint Francis Medical
Center, Incorporated, and authorized the County Administrator
to execute the deed. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.11.c. ALONG THE NORTH RIGHT OF WAY LINE OF BAILEY BRID~
ROAD FROM Tm~ TRUSTEES OF CLOVER ~ILL ASSE~!a_LY OF
COD CnuKCH
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
accepted the conveyance of a parcel of land containing 0.330
acres along the north right of way line of Bailey Bridge Road
(State Route 654) from the Trustees of Clover Hill Assembly
of God Church, and authorized the County Administrator to
execute the deed. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.11.d. ALONG THE WEST RIGHT OF WAY LINE OF HUGUENOT ROAD
FROM LAND 11600, LLC
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
accepted the conveyance of a parcel of land containing 0.018
acres along the west right of way line of Huguenot Road
(State Route 147) from Land 11600, LLC, and authorized the
County Administrator to execute the deed. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.11.e. ALONG THE NORTH RIGHT OF WAY LINE OF BELLWOOD ROA~
FROM BELLWOOD INVESTMENTS, LLC
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
accepted the conveyance of a parcel of land containing 0.07
acres along the north right of way line of Bellwood Road
(State Route 656) from Bellwood Investments, LLC, and
authorized the County Administrator to execute the deed. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-453
05/26/04
8.A.12. CONVEYANCE OF F~EMENTS TO VIRGINIA ELECTRIC AND
POWER COMPANY
8.A. 12 .&.
FOR UNDERGROUND CABL~ ALONG GOVERNMENT CENTER
PARKWAY TO SERVE THE COMMONWEALTH NATUKAL GAb
CATHODIC PROTECTION SYSTEM
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Virginia Electric and Power Company for underground cable
along Government Center Parkway to serve the Commonwealth
Natural Gas cathodic protection system. (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.A.12.b. FOR UNDERGROUND CABLE TO SERVE THE COMMONWEALTH
NATURAL GAS CATHODIC PROTECTION SYSTEM AT
CHESTERFIELD COUNTY AIRPORT
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Virginia Electric and Power Company for underground cable to
serve the Commonwealth Natural Gas cathodic protection system
at Chesterfield County Airport. (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.A.12.c. FOR UNDERGROUND CABLE TO UPGRADE SERVICE IN THE
EVERGREEN AREA
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Virginia Electric and Power Company for underground cable to
upgrade service in the Evergreen area. (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.A.13. REQUESTS TO QUITCLAIM
8.A.13.a. TWENTY-FOOT, SIXTEEN-FOOTANDVARIABLE WIDTH SEWER
EASEPr~WTS ACROSS THE PROPERTY OF GRAY LAND
DEVELOPMENT COMPANY, LLC
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute quitclaim deeds to vacate 20-
foot, 16-foot and variable width sewer easements across the
property of Gray Land and Development Company, LLC. (It is
04 -454
05/26/04
noted copies of the plats are filed with the papers of this
Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.13.b. A TWENTY-FOOT TEMPORARY CONSTRUCTION
ACROSS THE PROPERTY OF 7501 W~ITEPINE ROAD, L.L.C.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
20-foot temporary construction easement across the property
of 7501 Whitepine Road, 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.A.13.c. A PORTION OF A VARIABLE WIDTH VIRGINIA DEPART~r~..~T
OF TRANSPORTATION SIGHT DISTANCE EASE~I~NT ACROSS
THE PROPERTY OF SOMMERVILLE DEVELOP~NT
CORPORATION
On motion of Mrs. Humphrey, seconded by Mr. King, 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 variable width Virginia Department of
Transportation sight distance easement across the property of
Sommerville Development Corporation. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.14. APPROVAL OF CONSENT FOR RIGHT OF ENTRY ON COUNTY
PROPERTY AT CAMP BAKER WITH THE VIRGINIA DEPARTMENT
OF TRANSPORTATION
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
authorized the County Administrator to execute a consent for
right of entry with the Virginia Department of Transportation
for right of entry on county property at Camp Baker. (It is
noted a copy of the vicinity sketch is filed with the papers
of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.15. AMENDMENT TO THE BOARD MINUTES OF APRIL 14, 2004
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
amended the minutes of April 14, 2004 as follows:
FROM:
"On motion of Mrs. Humphrey, seconded by Mr. Barber, the
Board adopted the following ordinance:
04-455
05/26/04
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to FOXFIELD
CONSTRUCTION, INC., a Virginia corporation, JASON
SEAMSTER and SHAWN T. SEAMSTER, CHRISTOPHER P.
SPORTELLO and CANDACE L. SPORTELLO, (husband and
wife), CHRISTOFFE L. MOREAU and DEANNA M. MOREAU,
(husband and wife), and KENNETH A. HAYES and
LEEANNE S. HAYES, (husband and wife), ("GRANTEE"),
a 20' temporary construction easement, a variable
width temporary construction easement, a VDOT slope
and drainage easement, and portions of Fortenberry
Drive within River's Trace, Sections B and C,
MATOACA Magisterial District, Chesterfield County,
Virginia, as shown on plats thereof duly recorded
in the Clerk's Office of the Circuit Court of
Chesterfield County in Plat Book 119~ at Pages 35
and 39.
WHEREAS, FOXFIELD CONSTRUCTION, INC., petitioned the
Board of Supervisors of Chesterfield County, Virginia to
vacate a 20' temporary construction easement, a 'variable
width temporary construction easement, a VDOT slope and
drainage easement, and portions of Fortenberry Drive within
River's Trace, Sections B and C, MATOACA Magisterial
District, Chesterfield County, Virginia more particularly
shown on plats of record in the Clerk's Office of the Circuit
Court of said County in Plat Book 119, Pages 35 and 39, by
BALZER AND ASSOCIATES, dated JUNE 5, 2001 and JUNE 21, 2001,
and recorded JULY 18,, 2001 and JULY 19, 2001. The easements
and portions of right of way petitioned to be vacated are
more fully described as follows:
A 20' temporary construction easement, a variable
width temporary construction easement, a VDOT slope
and drainage easement, and portions of Fortenberry
Drive within River's Trace, Sections B and C, the
location of which is more fully shown on a plat
made by BALZER AND ASSOCIATES, dated FEBURARY 5,
2004, and revised MARCH 29, 2004, a copy of which
is attached hereto and made a part of this
Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the easements and portions of right of way sought to be
vacated.
NOW THEREFORE, BE IT ORDAINED BY THE
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
BOARD OF
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid easements and
portions of right of way be and are hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
04-456
05/26/04
to Section 15.2-2276 of the Code of Virginia,
amended.
1950, as
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vacate
the easements to the underlying lot owners and vest fee
simple title of the portion of right of way within River's
Trace, Section B in the owners of Lot 10, and the portion of
right of way within River's Trace, Section C in the owners of
Lot 14, free and clear of any rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and FOXFIELD
CONSTRUCTION, INC., a Virginia corporation, JASON SEAMSTER
and SHAWN T. SEAMSTER, CHRISTOPHER P. SPORTELLO and CANDACE
L. SPORTELLO, (husband and wife), CHRISTOFFE L. MOREAU and
DEANNA M. MOREAU, (husband and wife), and KENNETH A. HAYES
and LEEANNE S. HAYES, (husband and wife), or their successors
in title, as GRANTEE.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None."
TO:
~On motion of Mrs. Humphrey, seconded by Mr. Barber,
Board adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to FOXFIELD
CONSTRUCTION, INC., a Virginia corporation, JASON
SEAMSTER and SHAWN T. SEAMSTER, CHRISTOPHER P.
SPORTELLO and CANDACE L. SPORTELLO, (husband and
wife), CHRISTOFFE L. MOREAU and DEANNA M. MOREAU,
(husband and wife), and KENNETH A. HAYES and
LEEANNE S. HAYES, (husband and wife), ("GRANTEE"),
a 20' temporary construction easement, a variable
width temporary construction easement, a VDOT slope
and drainage easement, and portions of Fortenberry
Drive within River's Trace, Sections B and C,
MATOACA Magisterial District, Chesterfield County,
Virginia, as shown on plats thereof duly recorded
in the Clerk's Office of the Circuit Court of
Chesterfield County in Plat Book 119, at Pages 35
and 39.
the
WHEREAS, FOXFIELD CONSTRUCTION, INC., petitioned the
Board of Supervisors of Chesterfield County, Virginia to
vacate a 20' temporary construction easement, a variable
width temporary construction easement, a VDOT slope and
drainage easement, and portions of Fortenberry Drive within
River's Trace, Sections B and C, MATOACA Magisterial
District, Chesterfield County, Virginia more particularly
shown on plats of record in the Clerk's Office of the Circuit
Court of said County in Plat Book 119, Pages 35 and 39, by
BALZER AND ASSOCIATES, dated JUNE 5, 2001 and JUNE 21, 2001,
and recorded JULY 18, 2001 and JULY 19, 2001. The easements
and portions of right of way petitioned to be vacated are
more fully described as follows:
A 20' temporary construction easement, a variable
width temporary construction easement, a VDOT slope
04-45'/
05/26/04
and drainage easement, and portions of Fortenberry
Drive within River's Trace, Sections B and C, the
location of which is more fully shown on a plat
made by BALZER AND ASSOCIATES, dated FEBURARY 5,
2004, and revised MARCH 29, 2004, a copy of which
is attached hereto and made a part of this
Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and
WHEREAS, no public necessity exists for the continuance
of the easements and portions of right of way sought to be
vacated.
NOW THEREFORE, BE IT ORDAINED BY THE
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
BOARD OF
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid easements and
portions of right of way be and are hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plats vacated. This Ordinance shall
vacate the easements to the underlying lot owners and vest
fee simple title of the portion of right of way within
River's Trace, Section B in the owners of the adjacent open
space, and the portion of right of way within River's Trace,
Section C in the owners of Lot 14, free and clear of any
rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and FOXFIELD
CONSTRUCTION, INC., a Virginia corporation, JASON SEAMSTER
and SHAWN T. SEAMSTER, CHRISTOPHER P. SPORTELLO and CANDACE
L. SPORTELLO, (husband and wife), CHRISTOFFE L. MOREAU and
DEANNA M. MOREAU, (husband and wife), and KENNETH A. HAYES
and LEEANNE S. HAYES, (husband and wife), or their successors
in title, as GRANTEE.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None."
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.16. APPROVAL OF FY2004 SCHOOL BOARD CAPITAL IMPROVEMENT
PLAN YEAR-END REVISIONS
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
increased the appropriation in the School Capital
Improvements fund by $253,300 by (1) appropriating $537,700
04-458
05/26/04
of State Technology Initiative funds, and (2) reducing the
funding from the Reserve for School Capital Improvements by
$284,400.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAI~
0 MR. JOE CACCIOTTI HAS REQUESTED TO SPEAK TO Tw~ BOARD OF
SumERVISORS TO JOIN WITH HENRICO AND T~ CITY OF RIC__wMO_Nn
TO FILE A LAWSUIT TO RECOVER ANYADDITIONAL COSTS FOR
RENOVATING THE DIAMOND
Mr. Joe Cacciotti expressed concerns that interference from
the Richmond Baseball Initiative (RBI) resulted in the Braves
only signing a short-term contract and will likely delay
renovations at The Diamond, resulting in increased costs.
He requested that Chesterfield County join with Henrico and
the City of Richmond to file a lawsuit against RBI to recover
any increased costs and expenses that may occur if and when
The Diamond is renovated at a later date if RBI's current
proposal of a new ball park does not materialize.
10.
10 .A.
REPORTS
REPORT ON THE DEVELOPER WATER AND SEWER CONTHACTR
10.B. REPORT ON THE STATUS OF GENERAL FUND BALANCE, RESERV~
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
accepted the following reports: A Report on Developer Water
and Sewer Contracts; and a Report on the Status of General
Fund Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases.
And, further, the following roads were accepted into the
State Secondary System:
ADDITION
LENGTH
BECKENHAM, SECTION E
(Effective 4/16/2004)
Appletree Court (Route 5695) - From Appletree
Drive (Route 5693) to Cul-de-sac
0.04 Mi.
Appletree Drive (Route 5693) - From Appletree
Court (Route 5695) to Cul-de-sac
0.04 Mi.
Appletree Drive (Route 5693) - From Benmore
Road (Route 1240) to Appletree Court (Route
5695)
0.06 Mi.
Benmore Court (Route 5694) - From Benmore
Road (Route 1240) to Cul-de-sac
0.05 Mi.
04-459
05/26/04
BeD_more Road (Route 1240) - From Appletree
Drive (Route 5693) and Benmore Court (Route
5694) to Cul-de-sac
Benmore Road (Route 1240) - From 0.06 mile east
of Kyloe Lane (Route 1241) to Appletree Drive
(Route 5693) and Benmore Court (Route 5694)
BON AIR RIDGE
(Effective 4/16/2004)
Pulliam Street (Route 1745) - From Existing
Pulliam Street 0.04 mile north of West Bon
View Drive (Route 1712) to Cul-de-sac
Rockcrest Court (Route 5688) - From Rockcrest
Road (Route 1709) to Cul-de-sac
HAMPTON PARK, SECTION 16
(Effective 4/16/2004)
Hampton Valley Court (Route 5690) - From Hampton
Valley Drive (Route 5689) to Cul-de-sac
Hampton Valley Drive (Route 5689) - From Hampton
Valley Place (Route 5691) to 0.01 mile south of
Hampton Valley Place (Route 5691)
Hampton Valley Drive (Route 5689) - From Hampton
Glen Lane (Route 5245) to Hampton Valley Court
(Route 5690)
Hampton Valley Drive (Route 5689) - From Hampton
Valley Court (Route 5690) to Hampton Valley Place
(Route 5691)
Hampton Valley Place (Route 5691) - From Hampton
Valley Drive (Route 5689) to Cul-de-sac
HAMPTON PARK, SECTION 17
(Effective 4/16/2004)
Hampton Valley Drive (Route 5689) - From Hampton
Valley Terrace (Route 5692) to 0.01 mile south of
Hampton Valley Terrace (Route 5692)
Hampton Valley Drive (Route 5689) - From Hampton
Valley Drive, 0.01 mile south of Hampton Valley
Place (Route 5691) to Hampton Valley Terrace
(Route 5692)
Hampton Valley Terrace (Route 5692) - From
Hampton Valley Drive (Route 5689) to Cul-de-sac
SECOND BRANCH, SECTION 3
(Effective 4/16/2004)
Balta Road (Route 4609) - From Intersection of
Balta Terrace (Route 5625) and Balta Turn (Route
5626)
04-460
0.09 Mi.
0.03 Mi.
0.07 Mi.
0.05 Mi.
0.06 Mi.
0.01 Mi.
0.07 Mi.
0.03 Mi.
0.08 Mi.
0.01 Mi.
0.03 Mi.
0.18 Mi.
0.09 Mi.
05/26/04
Balta Road (Route 4609) - From Second Branch
Road (Route 653) to Intersection of Balta Terrace
(Route 5625) and Balta Turn (Route 5626)
Balta Terrace (Route 5625) - From Balta Road
(Route 4609) to Cul-de-sac
Balta Turn (Route 5626) - From Balta Road (Route
4609) to Cul-de-sac
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
0.17 Mi.
0.12 Mi.
0.05 Mi.
11. DINNER
On motion of Mr. Barber, seconded by Mr. King, the Board
recessed to the Administration Building, Room 502, for
dinner.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Reconvening:
12. INVOCATION
Reverend Joyce Fisher Pierce, Senior Minister of Unity Christ
Church of Bon Air, gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Dennis Gregory Gibson, Jr. led the Pledge of
Allegiance to the flag of the United States of America.
14. RESOLUTIONS AND SPECIAL RECOGNITIONS
14.A. RECOGNIZING MR. BOB BRICK FOR HIS EXTRAORDINARY
LITTER COLLECTION EFFORTS IN CHESTERFIELD COUNTY
Mr. Pitaro introduced Mr. Bob Brick who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Chesterfield County is well known regionally
and nationally as a FIRST CHOICE community that offers an
extraordinary quality of life; and
WHEREAS, Chesterfield County also has, as one of its
eight strategic goals, that of being "responsible protectors
of the environment"; and
WHEREAS, as part of its commitment to caring for the
environment, Chesterfield County has active recycling and
litter abatement programs in effect; and
04-461
05/26/04
WHEREAS, the Chesterfield County Board of Supervisors
recently approved the expenditure of $100,000 to assist in
the cleanup of litter in the county; and
WHEREAS, the Virginia Department of Transportation
(VDOT), which is responsible for litter pick up along the
county's roadways, has various litter control programs in
place"; and
WHEREAS, along with all these efforts, the efforts by
individual Chesterfield County residents to prevent and pick
up litter are critical to the success of any litter abatement
program; and
WHEREAS, Mr. Bob Brick, a Chesterfield County resident
of the Bermuda District, has been regularly picking up
aluminum cans and other litter along the county's roadways
for nearly 17 years on a voluntary basis; and
WHEREAS, Mr. Brick's litter collection efforts have been
the subject of local media attention; and
WHEREAS, Mr. Brick estimates that he has collected about
15 tons of aluminum over the years, removing cans from county
roadways and other areas; and
WHEREAS, Mr. Brick is an active member of VDOT's ~Adopt
a Highway" litter abatement program; and
WHEREAS, it is appropriate to recognize Mr. Brick's
outstanding and continuous efforts on behalf of Chesterfield
County residents.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
Board of Supervisors, this 26th day of May 2004, publicly
recognizes Mr. Bob Brick for his dedication, civic service
and untiring efforts to maintain and improve the appearance
of Chesterfield County, thanks him for his outstanding
example of service to others, and expresses its appreciation
for his work on behalf of the environment.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. King presented the executed resolution to Mr. Brick and
expressed appreciation for his extraordinary service to
Chesterfield County.
Mr. Pitaro presented a 30-visit Customer Value Card to Mr.
Brick, which will allow him to have 30 free visits to the
county's transfer station.
Mr. Brick expressed appreciation
recognition.
to the Board for the
I~.B. RECOGNIZIN~ THE 20~ ANNIVERSARY OF CRIME SOLVERS
Lieutenant Colonel Jim Bourque introduced Ms. Trish Terrell,
President of Chesterfield County-Colonial Heights Crime
Solvers Board of Directors, and other Crime Solvers Board
members who were present to receive the resolution.
0~-~62
05/26/04
On motion of the Board, the following resolution was adopted:
WHEREAS, Chesterfield County is committed to being the
safest and most secure community compared to similar
jurisdictions; and
WHEREAS, the strong partnership that includes our Police
Department, business owners and operators, the media and
citizens collectively contributes to the safety of our
neighborhoods and the quality of life in Chesterfield County;
and
WHEREAS, since 1984, the Chesterfield County-Colonial
Heights Crime Solvers program has been a vital component of
the united fight against crime; and
WHEREAS, since its inception in March of 1984, Crime
Solvers has received more than 18,000 tips to its anonymous
hotline; and
WHEREAS, this information has helped police to solve
more than 4,300 crimes; and
WHEREAS, further, more than $610,000 worth of illegal
drugs and $1,250,000 in stolen property have been recovered;
and
WHEREAS, more than $286,000 in reward money has been
distributed; and
WHEREAS, Chesterfield County-Colonial Heights Crime
Solvers is a valued and important part of the fight against
crime in the region; and
WHEREAS, this Board of Supervisors, on behalf of the
citizens of Chesterfield County, wishes to thank all those
corporate sponsors and individuals who have supported Crime
Solvers monetarily with their donations and provided support
in other ways.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 26tn day of May 2004, hereby
extends its appreciation, congratulations and best wishes to
Chesterfield County-Colonial Heights Crime Solvers on the
occasion of its 20th anniversary; thanks all those who have
made this program such a tremendous success in the fight
against crime; and wishes Crime Solvers continued success in
its efforts to improve quality of life and safety for
everyone in Chesterfield County and the City of Colonial
Heights.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. King presented the executed resolution to Ms. Terrell,
accompanied by Lieutenant Colonel Bourque and members of
Crime Solvers Board of Directors, and commended them on the
tremendous success of Crime Solvers.
Ms. Terrell expressed appreciation to Lieutenant Colonel
Bourque, the founder of Chesterfield County-Colonial Heights
Crime Solvers, and also to the media, Board of Supervisors,
04-463
05/26/04
Police Department and the community who have all contributed
to the success of the program.
Mr. Harry Quarles invited the public to attend Crime Solvers'
anniversary celebration on June 9, 2004 at the Fairgrounds.
14.C. RECOGNIZING MISS JENNIFER LYNN DAOULAS UPON ATTAINING
THE COLD AWARD
Mr. Hammer introduced Miss Jennifer Daoulas who was present
to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Girl Scouts of the United States of America
is an organization serving over 2.6 million girls and was
founded to promote citizenship training and personal
development; and
WHEREAS, after earning four interest project patches,
the Career Exploration Pin, the Senior Girl Scout Leadership
Award, the Senior Girl Scout Challenge, and designing and
implementing a Girl Scout Gold Award project; and
WHEREAS, the Gold Award is the highest achievement award
in Girl Scouting and symbolizes outstanding accomplishments
in the areas of leadership, community service, career
planning, and personal development; and
WHEREAS, the Girl Scout Award can only be earned by
girls aged 14-17 or in grades 9-12 and is received by less
than six percent of those individuals entering the Girl
Scouting movement; and
WHEREAS, Miss Jennifer Lynn Daoulas, Troop 794,
sponsored by Bethia United Methodist Church, has accomplished
these high standards and has been honored with the Girl
Scouts of America Gold Award by the Commonwealth Girl Scout
Council of Virginia; and
WHEREAS, growing through her experiences in Girl
Scouting, learning the lessons of responsible citizenship,
and priding herself on the great accomplishments of her
country, Jennifer is indeed a member of a new generation of
prepared young citizens of whom we can all be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 26th day of May 2004,
publicly recognizes Miss Jennifer Lynn Daoulas, extends
congratulations on her attainment of the Gold Award and
acknowledges the good fortune of the county to have such an
outstanding young woman as one of its citizens.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Miss Daoulas, accompanied by members of her family,
congratulated her on her outstanding achievement, and wished
her well in her future endeavors.
04-464
05/26/04
Miss Daoulas expressed appreciation to her parents and troop
leaders for their support.
14.D. RECOGNIZING "TOUCH OF SWING" SHOW CHOIR FOR ITS
EXC~hLENT REPRESENTATION OF CH~STERFIm?.n COUNTY
Mr. Kappel introduced members of ~Touch of Swing" Show Choir
who were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, "Touch of Swing" is the all-girl show choir at
Manchester High School; and
WHEREAS, this group of 41 sophomore, junior and senior
girls was the first girls' group of its kind in the Richmond,
Virginia area; and
WHEREAS, ~Touch of Swing" has earned the title of Grand
Champion at the Showstoppers National Show Choir Invitational
in Orlando, Florida; and
WHEREAS, this year, the group took first place in the
Unisex Division of the Northcoast Show Choir Invitational in
Twinsburg, Ohio; and
WHEREAS, ~Touch of Swing" also has been named Grand
Champion of the Unisex Division at Fame's Show Choir America
in New York; and
WHEREAS, while in New York the group also received
honors for Best Vocals, Best Choreography, Best Repertoire
and Best Rhythm Section; and
WHEREAS, ~Touch of Swing" is in its 16th season, with
band direction by Louis Millhouse, choreography by Andy
Haines and under the direction of Robyn A. Kim.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 26th day of May 2004, hereby
extends its congratulations to "Touch of Swing" for its
outstanding record of achievement, which reflects well on
Chesterfield County and all its citizens; recognizes the
talent, enthusiasm and excellence of all the members of
~Touch of Swing," as well as of its adult leaders; and wishes
the group continued success in all its performances.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mrs. Humphrey the executed resolution to a member of ~Touch
of Swing" Show Choir, congratulated the group on its
tremendous achievement, and wished the group continued
success.
14 .E.
RECOGNIZING "CAPITAL SWING" SHOW CHOIR FOR IT~
EXCELLENT REPRESENTATION OF CHESTERFIELD COUNT~
Mr. Kappel introduced members of "Capital Swing" Show Choir
who were present to receive the resolution.
04-465
05/26/04
On motion of the Board, the following resolution was adopted:
WHEREAS, "Capital Swing" is the mixed show choir at
Manchester High School; and
WHEREAS, this group was the first group of its kind in
the Richmond, Virginia area; and
WHEREAS, "Capital Swing" has earned the title of Grand
Champion and has taken first-place honors at the Hampton
Roads Show Choir Invitational; and
WHEREAS, the group has had the same distinction at the
Capital VIP's festival in Charleston, West Virginia; and
WHEREAS, "Capital Swing" also earned first-place honors
at the Voices in the Groves Invitational in Ohio; and
WHEREAS, while in Twinsburg, Ohio at the Northcoast Show
Choir Invitational, the group was named Grand Champion and
was presented with awards for Best Vocals and Best
Choreography; and
WHEREAS, "Capital Swing" also was recognized at Grand
Champion in the Martinsburg Show Choir Festival in West
Virginia; and
WHEREAS, the group was First Runner-up at Fame's Show
Choir America; and
WHEREAS, while in New York, "Capital Swing"
recognized for Best Male Sound, Best Choreography,
Repertoire and Best Diction; and
was
Best
WHEREAS, "Capital Swing" is in its 23rd season, with
band direction by Louis Millhouse, choreography by Andy
Haines and under the direction of Susan Wood Kish.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 26th day of May 2004, hereby
extends its congratulations to ~Capital Swing" for its
outstanding record of achievement, which reflects well on
Chesterfield County and all its citizens; recognizes the
talent, enthusiasm and excellence of all the members of
~Capital Swing," as well as of its adult leaders; and wishes
the group continued success in all its performances.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution to a member
of "Capital Swing" Show Choir, congratulated the group on its
tremendous achievement, and wished the group continued
success.
14.F. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
14.F.1. MICNAEL DEWEY VANCE, MIDLOTHIAN DISTRICT
Mr. Hammer introduced Mr. Michael Vance who was present to
receive the resolution.
04 -466
05/26/04
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Michael Dewey Vance, Troop 869, sponsored
by Salisbury Presbyterian Church, has accomplished those high
standards of commitment and has reached the long-sought goal
of Eagle Scout, which is earned by only four percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Michael has distinguished himself as a member of a
new generation of prepared young citizens of whom we can all
be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 26th day of May 2004,
recognizes Mr. Michael Dewey Vance, extends congratulations
on his attainment of Eagle Scout, and acknowledges the good
fortune of the County to have such an outstanding young man
as one of its citizens.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Barber presented the executed resolution and patch to Mr.
Vance, accompanied by members of his family, congratulated
him on his outstanding achievement, and wished him well in
his future endeavors.
Mr. Vance expressed appreciation to members of his troop and
his family and friends for their support.
14.F.2. DENNIS GREGORY GIBSON, JR., MIDLOTHIAN DISTRICT
Mr. Hammer introduced Mr. Dennis Gibson who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
04-467
05/26/04
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Dennis Gregory Gibson, Jr., Troop 890,
sponsored by The Brandermill Church, has accomplished those
high standards of commitment and has reached the long-sought
goal of Eagle Scout, which is earned by only four percent of
those individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Greg has distinguished himself as a member of a new
generation of prepared young citizens of -whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 26th day of May 2004,
recognizes Mr. Dennis Gregory Gibson, Jr., extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Barber presented the executed resolution and patch to Mr.
Gibson, accompanied by members of his family, congratulated
him on his outstanding achievement, and wished him well in
his future endeavors.
Mr. Gibson expressed appreciation to Lieutenant Lonnie Lewis,
God, his family and Scoutmasters for their support.
15. REQUESTS FOR MOBILE HOME PERMITS AND REZONiNG PLACED ON
THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDERs
- WIThDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT
ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION
- CASES WHERE THE APPLICANT DOES NOT ACCEPT THE
RECO__M~.NDATION AND/OR THERE IS PUBLIC OPPOSITION WiLL BE
HEARD AT SECTION 17
04SN0221
In Matoaca Magisterial District, MARY KEY requests rezoning
and amendment of zoning district map from Residential (R-15)
to Agricultural (A). Residential use of up to 1.0 unit per
acre is permitted in an Agricultural (A) District. The
Comprehensive Plan suggests the property is appropriate for
rural conservation use. This request lies on 9.8 acres
fronting approximately 980 feet on the north line of Physic
Hill Road, also fronting approximately 380 feet on the west
line of Celtic Road and located in the northeast quadrant of
04-468
05/26/04
the intersection of these roads. Tax IDs 721-654-1741, 2751,
3958, 5431, 7411 and 9017 (Sheet 23).
Mr. Jacobson presented a summary of Case 04SN0221 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. He noted the request
conforms to the Southern and Western Area Plan.
No one was present representing the applicant.
Mrs. Humphrey requested that the case be moved to the end of
the Consent Agenda.
04SN0228
In Bermuda Magisterial District, FAMILY TIME COURTHOUSE, LLC
requests amendment to Conditional Use Planned Development
(Case 95SN0109) and amendment of zoning district map to
permit a child care center. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for neighborhood mixed use. This request lies in
a Neighborhood Office (0-1) District on 2.8 acres fronting
approximately 200 feet on the west line of Rivers Bend
Boulevard, approximately 250 feet south of Hogans Drive. Tax
ID 815-653-1888 (Sheet 27).
Mr. Jacobson presented a summary of Case 04SN0228 and stated
the Planning Commission and staff recommend approval subject
to one condition and acceptance of the proffered conditions.
He noted the request conforms to the Consolidated Eastern
Area Plan.
Mr. Jim Womack, representing
recommendation is acceptable.
the applicant,
stated the
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mr. Warren, the Board
approved Case 04SN0228 subject to the following condition:
The following uses shall not be permitted:
Convalescent homes, nursing homes, rest homes.
Group care facilities.
Non-profit civic, social and fraternal lodge.
Propagation of crops, flowers, trees or shrubs for
sale.
Public and private forests and wildlife preserves.
(p)
(Note: This condition supersedes Section D, Number 4 of
the Textual Statement of Case 95SN0109 for the request
property only. All other conditions of Case 95SN0109
shall remain applicable.)
And, further,
conditions:
the Board accepted the following proffered
04-469
05/26/0~
An opaque wooden or vinyl fence at least six (6) feet in
height shall be constructed along the western property
line. Such fence shall be located at least forty (40)
feet from the western property line. (P)
The required forty (40) foot buffer along the western
property line shall be planted in accordance with
Perimeter landscaping C (option I). In addition, a
single row of Leyland Cypress having an initial height
of a minimum of four (4) feet shall be planted eight (8)
feet on center within this buffer. (P)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0242
In Clover Hill Magisterial Distict, LUDOLF SIEMENS requests
Conditional Use and amendment of zoning district map to
permit a private school. The density of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for low density residential use of 1.5 units per acre or
less. This request lies in an Agricultural (A) District on
4.7 acres and is known as 120 North Courthouse Road. Tax ID
743-704-7406 (Sheet 6).
Mr. Jacobson presented a summary of Case 04SN0242 and stated
the Planning Commission and staff recommended approval
subject to conditions and acceptance of the proffered
conditions.
Mr. Ludolf Siemens stated the recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. Warren, seconded by Mr. King, the Board
approved Case 04SN0242 subject to the following conditions:
Except where the requirements of the underlying
Agricultural (A) zoning are more restrictive, the
existing school facility shall be upgraded to conform to
the design requirements of the Zoning Ordinance for
Corporate Office (0-2) uses in Emerging Growth Areas. A
schedule for the implementation of these improvements
shall be submitted to the Planning Department for review
and approval within thirty (30) days of the approval of
this request. This condition shall not preclude the
ability to seek an exception to the curb and gutter
requirements for parking and driveways through the
Development Standards Waiver process. (P)
Except where the requirements of the underlying
Agricultural (A) zoning area more restrictive, any new
development for school use shall conform to the
requirements of the Zoning Ordinance for Corporate
Office (0-2) uses in Emerging Growth Areas. (P)
o
Within the recreational setback established in Proffered
Condition 1.a., existing vegetation shall be
04-470
05/26/04
supplemented, where necessary, with landscaping or other
devices designed to achieve the buffering standards
contained in Section 19-522(a) (2) of the Zoning
Ordinance.
And, further,
conditions:
the Board accepted the following proffered
The following setback criteria shall apply to any
outdoor play fields, courts, swimming pools and similar
active recreational uses:
so
With the exception of playground areas which
accommodate swings, jungle gyms or similar such
facilities, all active play fields, courts of
similar active recreational facilities which could
accommodate organized sports such as football,
soccer, basketball, etc., shall be located a
minimum of 100 feet from any adjacent property.
Any playground areas shall be setback a minimum of
forty (40) feet from all property lines. (P)
Prior to exceeding an enrollment
students, the following shall occur:
of eighty (80)
ao
The existing access from the property to Courthouse
Road shall be relocated towards the northern
property line. The exact location of this access
shall be approved by the Transportation Department.
bo
Additional pavement shall be constructed along
Courthouse Road at the approved access to provide a
right turn lane. The developer shall dedicate to
Chesterfield County, free and unrestricted, any
additional right-of-way (or easements) required for
this road improvement. (T)
The freestanding sign identifying the school use shall
be of a monument style and shall not exceed twenty-four
(24) square feet in area and eight (8) feet in height.
(p)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0243
In Bermuda Magisterial District, TOKEN TOWER, LLC requests
revocation of an amendment to Conditional Use Planned
Development (Case 03SN0283) and amendment of zoning district
map which permitted a 540 foot communications tower in an
Agricultural (A) District. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for general industrial use. This request lies on
12.5 acres at the eastern terminus of Station Road. Tax ID
792-685-5662 (Sheet 12).
Mr. Jacobson presented a summary of Case 04SN0243 and stated
the Planning Commission and staff recommend approval.
04-471
05/26/04
stated the
Mr. John Cogbill, representing the applicant,
recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
Mr. King made a motion, seconded by Mr. Barber, for the Board
to approve Case 04SN0243.
Discussion ensued as to the rationale for the request.
Mr. Miller called for a vote on the motion of Mr. King,
seconded by Mr. Barber, for the Board to approve Case
04SN0243.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0221
In Matoaca Magisterial District, MARY KEY requests rezoning
and amendment of zoning district map from Residential (R-15)
to Agricultural (A). Residential use of up to 1.0 unit per
acre is permitted in an Agricultural (A) District. The
Comprehensive Plan suggests the property is appropriate for
rural conservation use. This request lies on 9.8 acres
fronting approximately 980 feet on the north line of Physic
Hill Road, also fronting approximately 380 feet on the west
line of Celtic Road and located in the northeast quadrant of
the intersection of these roads. Tax IDs 721-654-1741, 2751,
3958, 5431, 7411 and 9017 (Sheet 23).
Mr. Jacobson stated staff attempted to contact the applicant,
but she was unavailable.
Mrs. Humphrey stated there has been no opposition to the
request.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
approved Case 04SN0221 and accepted the following proffered
conditions:
Any stock farm use shall be limited to the keeping of
four (4) horses.
Ail facilities and areas associated with the keeping of
stock animals (stables, pastures, etc.) shall be cleaned
and made free of waste on a regular basis. In addition,
the property owner shall employ a means of eliminating
any odor problems and propagation of insects.
o
Any private kennel use shall be limited to the keeping
of four (4) dogs.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-472
05/26/04
03SN0324
In Matoaca Magisterial District, NELSON DAVIS KYLE, II
requests Conditional Use and amendment of zoning district map
to permit an outdoor recreational facility. The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for rural conservation use. This
request lies in an Agricultural (A) District on 4.0 acres
fronting approximately 240 feet on the north line of Ivey
Mill Road, approximately 3,000 feet west of River Road. Tax
ID 742-630-8924 (Sheet 39).
Mr. Warren stated his son works for one of the applicant's
businesses, and although the applicant and his son have no
relationship to this zoning case, he declared a conflict of
interest under the Virginia Conflict of Interest Act
regarding this request, and excused himself from the meeting.
Mrs. Humphrey stated she is recommending that Case 03SN0324
be remanded to the Planning Commission and has spoken to the
applicant about doing so.
Mr. Miller called for public comment.
No one came forward to speak to the remand request.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
remanded Case 03SN0324 to the Planning Commission.
Ayes: Miller, Barber, Humphrey and King.
Nays: None.
Absent: Warren.
Mr. Warren returned to the meeting.
02SN0238 (Amended)
In Matoaca Magisterial District, DOUGLAS R. SOWERS requests
amendment to Conditional Use Planned Development (Case
88S008) and amendment of zoning district map on part of
property which is commonly known as Greenspring's A. E.
Howard and Rose tracts. Specifically, the applicant desires
to develop this 208.5 acre tract as a single development from
the originally-zoned 1,312.7 acre tract. In general,
amendments are requested relative to the approved Master
Plan, historic structures, provision of a golf course, road
improvements, land dedications and reservations, utilities,
drainage, erosion and water quality. A mixed use development
consisting of residential, office and commercial uses is
planned. 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 and single family residential use of 2.0 units per acre
or less. This request lies in Residential (R-9) and
Corporate Office (O-2) Districts on 208.5 acres fronting in
two (2) places for a total of approximately 2,050 feet on the
east line of Otterdale Road, approximately 2,900 feet south
of Gamecock Road. Tax IDs 716-691-4229 and 718-691-6889
(Sheet 9).
04-473
05/26/0~
Mr. Jacobson presented a summary of Case 02SN0238 and stated
the request represents the third phase of the original
Greensprings zoning case, indicating that the negotiated
conditions in the Greensprings case did not include cash
proffers, but did include required transportation
improvements to support the land use development in this
area. He further stated the Planning Commission and staff
recommended approval of Amendments I through IV and VI
pertaining to technical changes to the original zoning on the
property. He further stated staff recommends denial of
Amendment V because deletion of the required traffic impact
analysis might result in all of the roads necessary to
support the proposed development not being built. He stated
the Planning Commission, on a 4-1 vote, recommended approval
of Amendment V, indicating that, in their opinion, the
applicant has offered a fair amount of road improvements for
the proposed development.
In response to Mrs. Humphrey and Mr. Barber's questions, Mr.
Jacobson stated, at the time of the original Greensprings
request, the Board did not have the authority to collect cash
proffers; therefore, substantial road improvements were
negotiated to support the proposed development. He further
stated the original zoning offered a land commitment for a
school site. He noted the developer is offering a cash
proffer of approximately $105,000, representing the subject
property's commitment for the original land dedication.
In response to Mr. Barber's questions, Mir. Allan Carmody,
Budget Hanager, came forward and stated the $105,000 cash
proffer equates to approximately ten acres, which is not
large enough for a school site. He further stated the
original case required a 65-acre parcel to be dedicated,
which has been prorated in proportion to the number of
residential units on each of the three subsequent cases. He
stated there will be approximately $650,000 in cash proffers
for schools once the residential units have applied for their
permits and made their payments. He further stated the Board
would have the ability to acquire a school site once the
units are developed. He stated the last Greensprings parcel
still has a requirement for a 65-acre dedication, but there
will probably not be 65 acres left for a school site. He
further stated the Board will have the ability to purchase a
school site using cash proffers from these cases at whatever
site it chooses to acquire.
Mr. Barber called forward Ms. Cynthia Owens-Bailey, Director
of Planning of Chesterfield County Public Schools, to address
this issue.
Ms. Owens-Bailey stated the School Board recently approved
redistricting for both Watkins Elementary and Swift Creek
Middle Schools. She further stated staff will continue to
monitor the Greensprings area as it develops and also look at
possible sites to locate an additional school.
Mr. Jim Theobold, representing the applicant, stated the
proposal is consistent with the existing Greensprings zoning.
He further stated staff has requested that the applicant
provide a traffic impact study, which could have the ability
of stopping or limiting the proposed development. He stated
the applicant and the Planning Commission did not believe the
traffic impact study was appropriate ibecause the road
04-474
05/26/04
improvements being offered by the developer address the
transportation impact of the proposed development. He
provided details of the various road improvements being
offered by the applicant.
Mr. Miller called for public comment.
No one came forward to speak to the request.
Mr. Miller called Mr.
traffic issue.
McCracken forward to address the
Mr. McCracken stated staff does not recommend eliminating the
traffic impact study because it is not known whether the
infrastructure being offered by the applicant will be
sufficient to accommodate the impact of the proposed
development. He further stated staff anticipates 40,000
vehicles per day will be generated when the entire
Greensprings property is developed. He stated staff
recognizes that many of the transportation improvements
required in the original Greensprings case are a burden that
the development community cannot bear and expressed concerns
that the original infrastructure is being whittled down as
individual zoning cases are approved.
In response to Mrs. Humphrey's question, Mr. McCracken stated
the infrastructure required in the original zoning that is
not being provided include four lanes of Woolridge Road and
the Powhite Parkway extension, indicating that staff agrees
there should be a public role in the cost of extending
Powhite. He expressed concerns that densities are not
changing, yet portions of the original infrastructure
approved by the Board are being lost. He stated staff is
prepared to support the case with the previous condition
relative to a traffic impact study.
When asked, Mr. Theobold stated he feels some conditions are
being overlooked, indicating that the applicant cannot
provide more than 175 residential units or 20,000 square feet
of non-residential uses until a number of road improvements
have been made, including four lanes of Woolridge Road, two
lanes of Powhite Parkway extended from Watermill Parkway to
Woolridge Road extended, and two lanes of Woolridge Road
extended from Powhite Parkway to the northern property line.
He further stated the applicant has also agreed not to record
any lots or site plans for multi-family units prior to July
1, 2005. He stated it will be very hard for road commitments
to be financed without knowing the full extent of development
that can be achieved. He further stated protective stops
have been provided by the developer to delay development of
the subject property, indicating that he believes the phasing
will address the impact of the proposed development on area
traffic.
Mrs. Humphrey stated the Woolridge Road extension has always
been a priority of hers because the communities west of the
lake have few alternatives to Hull Street except Genito Road.
She further stated the completion of Woolridge Road is
critical to getting residents to Powhite and off of Hull
Street. She expressed concerns about the traffic flow
challenge discussed by Mr. McCracken with the proposed
commercial/industrial development.
04-475
05/26/04
Mr. Theobold stated the proposed commercial area is smaller
than the size of a typical mall and is located where the
original Greensprings case sited a mixed-use commercial node
as reflected in the county's land use plan. He further
stated the commercial area will provide a reason for the
applicant to begin constructing the roads.
Mr. Barber stated he is thankful that Ms. Owens-Bailey was
present to answer questions, and there is a plan to address
accommodation of students as a result of the proposed
development.
Ms. Owens-Bailey stated that, although the proposed
development is being phased, it will still have a significant
impact on schools. She further stated, if the proposed
development moves too quickly, an additional facility may
have to be requested or redistricting may have to be
considered for this area.
Mr. Miller stated he is very concerned
transportation issues raised by Mr. McCracken.
about the
Mrs. Humphrey stated Board members are not comfortable with
the phasing being proffered by the applicant, and she feels
staff needs additional time to address the transportation
issues with the developer.
After further discussion with Mr. Theobold, Mrs. Humphrey
made a motion, seconded by Mr. Barber, for the Board to defer
Case 02SN0238 until June 23, 2004.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0107
In Dale Magisterial District, JACOBS GLENN LC requests
amendment to zoning (Case 00SN0266) and amendment of zoning
district map to eliminate the requirement to provide an
emergency access. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
residential use of 1.0 to 2.5 units per acre. This request
lies in a Residential (R-12) District on 30.0 acres fronting
approximately 800 feet on the west line of Newbys Bridge Road
approximately 100 feet south of Valencia Road, also lying at
the eastern terminus of Jacobs Bend Drive. Tax ID 759-684-
2733 (Sheet 11).
Mr. Jacobson presented a summary of Case 04SN0107 and stated
staff recommended denial because the applicant fails to
address the requirement for a second public access. He
further stated the Planning Commission, on a 3-2 vote,
recommended approval and acceptance of the proffered
condition, indicating that the homeowners' association for
the new proposed development should not be burdened to
require an emergency access that is needed by an adjacent
neighborhood.
Mr. Andy Scherzer, representing the applicant, stated the
request has the support of both the community as well as the
Planning Commission. He further stated it would not be fair
04-476
05/26/0A
for the existin9 neighborhood to maintain an emergency access
that would serve neighbors to the west. He requested the
Board's approval of the proposal.
Mr. Miller called for public comment.
Mr. George Beadles expressed concerns relative to the risks
involved in allowin~ development without providin9 an
emergency access.
There bein9 no one else to speak to the request, the public
hearin9 was closed.
Mr. Miller stated he will support the request because it has
the support of the Plannin~ Commission and no opposition from
area residents.
Mr. Miller then made a motion, seconded by Mr. Barber, for
the Board to approve Case 04SN0107.
Mr. Barber stated he will support the motion, but believes
the connectivity policy needs to be completed so that lon~-
term public safety can be better addressed in zonin9 cases.
Mr. Miller called for a vote on his motion, seconded by Mr.
Barber, for the Board to approve Case 04SN0107 and accept the
followin~ proffered condition:
No public road connection shall be provided to Jacobs Bend
Drive in the Jacobs Glenn Subdivision. (P&T)
Ayes: Miller, Barber, Humphrey, Kin9 and Warren.
Nays: None.
(Amended)
In Matoaca Magisterial District, DOUGLAS R. SOWERS requests
rezoning and amendment of zonin~ district map from
A~ricultural (A) and Residential (R-25) to Community Business
(C-3) with Conditional Use to allow multifamily residential
and residential townhouse uses and Conditional Use Planned
Development to permit exceptions to Ordinance requirements.
The density of such amendment will be controlled by zonin9
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for regional mixed use
and for residential use of 2.0 units per acre or less. This
request lies on 117.8 acres frontin9 in two (2) places for
approximately 1,850 feet on the south line of Old Hundred
Road, approximately 750 feet east of Otterdale Road and in
two (2) places for approximately 725 feet on the east line of
0tterdale Road, approximately 1,200 feet south of Old Hundred
Road. Tax IDs 716-696-9418 and 9559; 717-695-0722; 717-696-
1097; and 718-696-7128 (Sheet 9).
Mr. Jacobson presented a summary of Case 03SN0288 and stated
the applicant has offered an amendment to Proffered Condition
4, which represents a full cash proffer consistent with the
Board's policy, and both the Plannin9 Commission and staff
now recommend approval subject to one condition and
acceptance of the proffered conditions. He noted the request
conforms to the Upper Swift Creek Plan.
04-477
05/26/04
Mrs. Humphrey inquired whether Utilities staff has looked at
how other residences on Old Hundred Road can be served by
public utilities from the proposed development.
Mr. Randy Phelps, Utilities Department Senior Engineer,
stated water for the proposed development will be coming from
Route 60 down Old Hundred Road past 0tterdale Road, and sewer
for the proposed development will extend from Tomahawk Creek
to serve the property, indicating that the utilities will
serve a much larger area than just the proposed development.
Mrs. Humphrey stated utilities from the proposed development
will minimize the cost of an assessment district for
residents of 01d Hundred Road.
Mr. Phelps stated area residents have requested cost
estimates for providing them with public utilities and
indicated that he is in the process of providing this
information to the residents.
Mr. Jim Theobold, representing the app].icant,
recommendation is acceptable, indicating that
proffer issue has now been resolved.
stated the
the cash
Mr. Miller called for public comment.
Mr. Steve Harris, a resident of North Hundred Subdivision,
stated the residents have always expressed a desire to
maintain the rural residential character of the area through
low-density development. He provided a map depicting
development that is encroaching the area and expressed
concerns relative to the impact of the proposed development
on the water supply in the area. He also expressed concerns
relative to increased traffic and the impact of the proposed
development on area property values. He requested that the
Board consider a minimum of R-40 zoning on the lots adjacent
to the existing homes.
Mr. William McClintock, a resident of Otterdale Road,
expressed concerns relative to the traffic impact of the
proposed development. He stated through truck traffic is
prohibited on Old Hundred Road, but trucks are still
traveling on the road.
Mr. Shannon Higginbotham, a resident of 0tterdale Road,
expressed concerns relative to placement of R-12 zoning
adjacent to houses along 0tterdale and Old Hundred Roads. He
stated he believes a precedent was already set when the
Halsley tract was zoned R-40.
Dr. Betty Hunter-Clapp stated a number of citizens who have
attended meetings regarding the revision of the Upper Swift
Creek Plan have requested that use of R-12 zoning not be
allowed in the Upper Swift Creek Area because of its impact
on road infrastructure and the reservoir. She requested that
the Board take the citizens' request into consideration.
Mr. Theobold pointed out that there are phasing conditions to
address transportation issues. He noted there is a condition
that limits the density in the R-12 area to two units per
acre adjacent to the lots along Otterdale and Old Hundred
Roads, consistent with the Upper Swift Creek Plan.
0&-~78
05/26/0A
There being no one else to speak to the request, the public
hearing was closed.
Mrs. Humphrey stated the condition which limits the R-12
zoning adjacent to Old Hundred and Otterdale Roads to two
units per acre should address Mr. Harris and Mr.
Higginbotham's concerns. She requested that the Police
Department address enforcement of the restriction on through
truck traffic on Old Hundred Road.
When asked, Mr. Jacobson stated the condition requires the
development of R-12 uses in Tract D not to exceed a density
of two units per acre, but does not mandate that the lots be
perfectly spaced out to equal two houses on every acre. He
further stated staff is comfortable with the density
transition. He stated there is no buffer required by the
proposed development.
Mrs. Humphrey stated she is considering imposing a condition
relative to the lots adjacent to existing development.
Mr. Theobold stated R-12 zoning gives the applicant the
ability to work with the land and locate lots in areas
consistent with topographical conditions. He further stated
the residents will be better able to have their concerns
addressed during the site plan process.
Mr. Jacobson stated neighboring property owners can
participate in the subdivision process, but staff and the
Planning Commission must follow the conditions approved by
the Board as well as other county development standards.
Mr. Theobold stated it is the developer's intent to evenly
disburse the units throughout the site subject to
topographical limitations.
Mrs. Humphrey she will attend the site plan meeting for the
subject development and remind everyone of her intent for the
area, if necessary.
Mrs. Humphrey then made a motion, seconded by Mr. Warren, for
the Board to suspend its rules to allow for the amended
proffered condition.
Ayes:
Nays:
Miller, Barber, Humphrey, King and Warren.
None.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved Case 03SN0288 subject to the following condition:
Development of the Residential (R-12) uses (Tract D) shall
not exceed a density of two (2) units per acre. (p)
And, further,
conditions:
the Board accepted the following proffered
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
("Property") will be developed according to the following
proffers if, and only if, the rezoning request submitted
04-479
05/26/04
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 ilmmediately be null
and void and of no further force or effect.
Master Plan. The Textual Statement: dated March 26,
2004, and the zoning map prepared by E.D. Lewis &
Associates, Inc., dated March 23, 2004 entitled
~Rezoning Master Plan, Matoaca District, Chesterfield
County, Virginia" shall be considered the Master Plan.
(P)
o
Timbering. With the exception of timbering which has
been approved by the Virginia State Department of
Forestry for the purpose of removing dead or diseased
trees, there shall be no timbering until a land
disturbance permit has been obtained from the
Environmental Engineering Department and the approved
devices have been installed. (EE)
o
Public Water and Sewer. The public water and wastewater
systems shall be used. (U)
o
Cash Proffer. Prior to the time of issuance of a
building permit for each new dwelling unit with the
exception of the initial seventeen (17) units where the
majority of the lot is within the existing R-25 parcel,
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:
a)
For all residential units except those designated
as age-restricted units in accordance with
paragraph (b):
i)
if payment is made prior to July 1,
$9000; or
2004,
i±)
if payment is made after June 30, 2004, 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, 2003 and July 1 of the fiscal year in
which the payment is made; or
b)
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 Sections 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:
i)
if payment is made prior to July 1, 2004,
$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
04-480
05/26/04
o
o
ii)
if payment is made after June 30, 2004, 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, 2003 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 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, but not be in addition
to, any impact fees, in a manner determined by the
County. (B & M)
Age-Restricted Units. Age-restricted dwelling units
shall be grouped on a particular portion of the Property
and shall not be scattered among other residential
dwelling units. At the time of recordation of a
subdivision plat, lots for age-restricted units shall be
so noted on the plat. Any site plan for age-restricted
dwelling units shall also note such restriction. (B&M)
Stormwater Runoff Limitation. The developer shall leave
in place the temporary sediment control devices and/or,
at the election of the developer, construct new BMPs or
combinations and BMPs, which would achieve a maximum
phosphorus limit of .22 for residential development, and
(ii) a maximum phosphorus limit of .45 for commercial
development, until Chesterfield County has constructed
the downstream regional BMP into which the development
will drain pursuant to the Upper Swift Creek Water Shed
Plan. (EE)
Phasing of Development. No single family lots shall be
recorded prior to January 1, 2006, and no more than
seventy-seven single family lots shall be recorded prior
to January 1, 2007. There shall be no site plan
approved for any residential multifamily units prior to
January 1, 2007. (P)
Road Improvements.
Right of Way Dedication. In conjunction with
recordation of the initial subdivision plat, prior
to any site plan approval, or within sixty (60)
days from a written request by the county,
whichever occurs first, the applicant or his
assignee shall dedicate to the county, free and
unrestricted, the following rights of way:
A forty-five (45) foot wide right of way for
Old Hundred Road adjacent to the Property,
measured from the centerline of Old Hundred
Road;
04-48~
05/26/04
bo
ii.
A forty-five (45) foot wide right of way for
Otterdale Road adjacent to the Property,
measured from the centerline of Otterdale
Road;
iii. Up to a 120-foot wide right of way for a
north/south major arterial ("Woolridge Road
Extended") through the eastern part of the
Property, as generally shown on the Rezoning
Master Plan. Chesterfield Department of
Transportation (CDOT) shall approve the exact
width and location of this right of way. The
applicant or his assignee shall submit to and
receive approval from CDOT, an alignment,
based on VDOT Urban Minor Arterial standards
(50 MPH) with sufficient design information to
include preliminary environmental assessment
for Woolridge Road Extended; and
iv.
Rights of way or easements for access (the
"Site Road"), as approved by CDOT, from
Woolridge Road Extended, from Old Hundred Road
and if requested by CDOT from Otterdale Road,
across the Property to the Lennon parcel (Tax
ID 7196945885). The Site Road right of way
width shall generally be sixty (60) feet;
however, the exact width and location of these
rights of way or easements shall be approved
by CDOT.
Construction. In order to provide an adequate
roadway system, the applicant or his assignee shall
be responsible for the following road improvements:
Construction of a four (4) lane divided
facility for Woolridge Road Extended, to VDOT
Urban Minor Arterial standards (50 MPH) with
modifications approved by CDOT, from 01d
Hundred through the Site Road intersection.
The exact length of this improvement shall be
approved by CDOT;
ii.
Construction of additional pavement along
Woolridge Road Extended at. the Site Road to
provide dual left turn lanes, if warranted as
determined by CDOT. The exact length of this
improvement shall be approved by CDOT;
iii. Construction of an additional lane of pavement
plus a seven (7) foot wide unpaved shoulder
along 01d Hundred Road for the entire Property
frontage;
iv.
Construction of left and right turn lanes at
each approved access to the Property along the
Site Road, along Old Hundred Road, along
Otterdale Road, and along Woolridge Road
Extended, including the Old Hundred
Road/Woolridge Road Extended intersection, as
determined by CDOT;
Vo
Full cost of traffic signalization at each
approved access including at the Site Road/Old
04 -482
05/26/04
o
10.
Hundred Road, Site Road/Woolridge Road
Extended, and Old Hundred Road/Woolridge Road
Extended intersections, if warranted as
determined by CDOT;
vi.
Relocation of the ditch along the east side of
Otterdale Road adjacent to the Property, to
provide an adequate shoulder; and
vii. Any rights of way necessary for improvements
specified in Proffered Condition 8.b. In the
event the developer is unable to acquire the
right of way necessary for these road
improvements, the applicant or his assignee
may request, in writing, the county to acquire
such right of way as a public road
improvement. All costs associated with the
acquisition of such right of way shall be
borne by the applicant or his assignee.
Prior to any site plan or subdivision construction plan
approval, whichever occurs first, a phasing plan for the
improvements specified in Proffered Condition 8.b. shall
be submitted to and approved by CDOT. The approved
phasing plan shall require, among other things, that the
construction of a four (4) lane divided Woolridge Road,
as identified in Proffered Condition 8.b.i., not occur
until a nonresidential use is developed on Parcels B, F
or G. (T)
Phasing. No building permits shall be issued for any
nonresidential uses within Parcels B, F or G until:
(i)
The following roads have been constructed, as a two
(2) lane facility, as determined by CDOT: a)
Woolridge Road Extended from Watermill Parkway to
Route 288; b) an east/west major arterial in the
Greensprings Development from Otterdale Road to
Woolridge Road Extended, generally extending
through the parcels identified as Tax IDs
7166914229 and 7166897889; c) Powhite Parkway
Extended from Watermill Parkway to Woolridge Road
Extended; and d) an east/west major arterial north
of the Property from Old Hundred Road to Woolridge
Road Extended generally extending through the
parcels identified as Tax IDs 7167014130,
7207000007 and 7227004002 or Old Hundred Road is
reconstructed to a standard acceptable to CDOT from
the northern boundary of the proposed Halsey
Subdivision to the Otterdale Road intersection; and
(ii) A traffic impact analysis based on CDOT procedures
has been submitted to and approved by CDOT. The
approved traffic analysis shall establish the
maximum density of development on the Property, and
determine if the applicant or his assignee shall be
responsible for additional roadway improvements
from those identified in Proffered Condition 8.b.,
as determined by CDOT. (T)
Access. Direct access from the Property to Woolridge
Road Extended shall be limited to the Site Road
generally located at the southern Property line, as
0~-483
05/26/04
11.
12.
generally shown on the Rezoning Master Plan. Direct
access from the Property to Old Hundred Road shall be
limited to the Site Road generally located towards the
western property line, as generally shown on the
Rezoning Master Plan. Prior to any site plan or
tentative subdivision plan approval, whichever occurs
first, the applicant or his assignee shall submit to
CDOT, and receive its approval of, a plan for access to
the Property from Woolridge Road Extended, 01d Hundred
Road, Otterdale and the Site Road. Access to the
Property shall conform to the approved access plan. (T)
Access Limitation. No access shall be permitted to or
from the Property: (a) to 01d Hundred Road between Tax
ID 7186971607 and Tax ID 7176979512; or (b) to Otterdale
Road between Tax ID 7166966084 and 'Pax ID 7166965665.
(T)
Residential Townhouses. Ail roads that accommodate
general traffic circulation through any part of Parcels
F or G that is developed for townhouse use, as
determined by CDOT, shall be designed and constructed to
state standards and taken into the state system.
Setbacks from these public roads shall be as identified
for special access streets pursuant to Section 19-505(b)
of the Zoning Ordinance. This condition may be modified
by CDOT if it is determined that the roads or any part
of such roads cannot be designated 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 CDOT. (T)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
03SN0316 (Amended)
In Midlothian Magisterial District, JAMES DORAN CO. requests
rezoning and amendment of zoning district map from
Agricultural (A), Community Business (C-3) and General
Business (C-5) to Community Business (C-3) with Conditional
Use Planned Development to permit exceptions to Ordinance
requirements. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
suburban commercial, planned transitional and village fringe
uses. This request lies on 34.5 acres fronting approximately
1,400 feet on the north line of Midlothian Turnpike
approximately 400 feet west of Winterfield Road, also
fronting approximately 1,040 feet on the west line of
Winterfield Road approximately 500 feet north of Midlothian
Turnpike. Tax IDs 724-709-2311, 2528, 4210, 5831, 6911, 7661
and 9121; and 725-709-1125 and 7635 (Sheet 5).
Ms. Beverly Rogers presented a summary of Case 03SN0316 and
stated staff recommends approval subject to the applicant
addressing the impact on capital facilities, indicating that
the proffered conditions do not adequately mitigate the
impact of the proposed development on school facilities. She
further stated staff is also concerned about excessive
04-484
05/26/04
signage exceptions. She stated the Planning Commission
recommended approval subject to conditions and acceptance of
the proffered conditions, indicating that the data submitted
by the applicant indicates that the multifamily development
will generate less school children than the county-wide
average and sign exceptions are appropriate given the unique
design of the project.
Mr. William Shewmake, representing the applicant, stated the
applicant is requesting an exception to signage because
everything in the development is internally oriented and
additional signage is necessary for advertising purposes. He
further stated the applicant is incorporating strict
architectural standards for the signage. He stated the
proposal did not initially have any residential units, and
the issue of cash proffers arose when apartment units were
added. He further stated full cash proffers have been
provided for transportation, fire and libraries. He stated
the apartments are not designed to bring in children, but for
young urban professionals, although the applicant has offered
a percentage of cash proffer for schools. He further stated
area residents Mr. and Mrs. Knabe oppose the project because
of the impact it will have on the northern boundary of their
property, and noted the applicant has proffered more
intensive landscaping and is willing to build a four-foot
berm with vegetation and plantings on top in this area. He
stated the applicant is also willing to build a new driveway
so the Knabes can access the subject property rather than
accessing their property at the intersection of Winterfield
Road. He further stated the applicant is downzoning a C-5
area to C-3 and will provide a substantial aesthetic
improvement in the area.
Mr. Scott Parker, landscape architect with Design Works,
provided photographs of the design for the proposed
Winterfield Village development. He stated the mixed uses
and outdoor spaces will promote a pedestrian network. He
further stated that placing buildings close to the edges of
both Winterfield Road and Midlothian Turnpike will define the
edges and redesign those streets.
Mr. Miller called for public comment.
Ms. Marie Strack, a member of the Midlothian Village
Coalition, stated she supports the proposed development,
indicating that it follows the essence of the Midlothian
Village Plan.
Mr. Peppy Jones stated the proposed development is
beautifully designed and will greatly enhance the Village of
Midlothian. He requested that the Board support the
proposal.
Mr. Gordon Meyer, a member of the Midlothian Development
Committee, commended the developer for an extraordinarily
designed project and stated he supports the proposed
development.
Ms. Amy Satterfield, a member of the Midlothian Village
Coalition and representative of the Salisbury Homeowners
Association, stated she wholeheartedly supports the proposed
development.
01-t85
05/26[0&
Ms. Marleen Durfee, representing the Task Force for
Responsible Growth, stated she is glad to see that citizens
are getting together with the development community to
envision the type of development they desire, indicating that
she supports the proposed development.
Mr. Bryan Buniva, representing William and Catherine Knabe,
provided the Board with photographs of the Knabe property
where the couple has lived since 1949 and stated the Knabes
are concerned about the development north of their property.
He further stated the Knabes are grateful to the applicant
for agreeing to create an ingress and egress through the
developer's property and to create a visual buffer. He
expressed concerns relative to the overall density of the
proposed development and stated the Knabes' greatest fear was
that the county could condemn their property for road
improvements, indicating that the developer has proffered a
condition that would address this concern. He stated he was
advised today that after the road improvements at the
Winterfield/Midlothian intersection are completed, the curb
and gutter will be 14 feet from the Knabe household, creating
more of a dangerous situation. He requested that guardrails
be extended to provide protection from the additional
traffic. He noted the proposal includes a substantial
relaxation of the minimum protections and density
requirements that currently exist in the county's ordinance
for C-3 zoning. He expressed concerns that the proposed
development will generate approximately 18,000-20,000
additional vehicles per day, which will create added traffic
gridlock in the Midlothian area. He stated the proposed
development will eliminate the 50-foot setback on Midlothian
Turnpike as well as the 25-foot setback on Winterfield Road
and reduce the number of parking spaces required under the
existing ordinance. He expressed concerns that the Knabes
will be significantly impacted because of the density of the
proposed development. He stated the zoning ordinance allows
a decrease in minimum lot requirements provided the open
space and land is equivalent to that by which each
residential lot or building site has been diminished, and
inquired whether the proposal includes such an equivalency
reduction, indicating that the applicant is eliminating ten
acres from the minimum 20-acre requirement for multi-family
zoning; doubling the residential density; increasing the
density in the buildings from ten to 25 units per floor;
eliminating 25-foot setbacks from public driveways; and
narrowing public access roads. He provided the Board with a
topography map of the property depicting a lake, which is a
perennial stream, indicating that 100 feet on either side
must be a protected conservation area according to the
Chesapeake Bay Preservation Ordinance. He expressed concerns
that the proposal includes restaurants and other amenities on
the western boundary of the lake and noted that this should
be adjusted according to the provisions of the ordinance. He
requested that entertainment from the establishments on the
western side of the lake be restricted to inside the
buildings and that the noise not be allowed to emanate past
the boundaries of the property. He stated he believes the
proposal represents too much development for too small of an
area, and requested that the Board consider downscaling the
proposal.
Mr. Shewmake stated the existing ordinances are not designed
for the type of new urbanism proposed; therefore the
04-486
05/26/04
applicant must use the Conditional Use Planned Development
process. He noted the lake on the property is not a
perennial stream and, therefore, would not be subject to
the Chesapeake Bay Preservation Ordinance.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Barber stated, although he is sympathetic to the Knabes'
concerns, he believes the applicant has provided numerous
protections for the Knabe property. He further stated he is
excited about the design of the proposal as well as the
community support. He stated the proposal will include the
first step of realigning and straightening a dangerous
portion of Winterfield Road, indicating that he feels the
proposal will serve the greater good of the community.
Mr. Barber then made a motion, seconded by Mrs. Humphrey, for
the Board to approve Case 03SN0316.
Mrs. Humphrey stated the proposed development will revitalize
the vacant shopping center and recharge the Midlothian
Village. She commended members of the Midlothian Village
Coalition for their efforts in preserving the Midlothian
Village.
Mr. Miller called for a vote on the motion of Mr. Barber,
seconded by Mrs. Humphrey, for the Board to approve Case
035N0316 subject to the following conditions:
o
The Textual Statement dated 4/8/04 as revised 4/9/04 and
5/24/04 shall be considered the Master Plan. (P)
Except as outlined in the Textual Statement, where the
standards outlined in Exhibit A conflict with the
standards of the Zoning Ordinance the more strict or
higher standards shall apply. (P)
And, further,
conditions:
the Board accepted the following proffered
Public water and wastewater. The public water and
wastewater systems shall be used. (U)
o
Tenant size. With the exception of one tenant, no
tenant shall exceed 50,000 square feet of gross floor
area. Provided further, in no event shall a tenant
exceed 68,000 square feet of gross floor area. (P)
Access Easement. Prior to any site plan approval, an
access easement acceptable to the Chesterfield
("Transportation Department") shall be recorded from
Winterfield Road and/or from Midlothian Turnpike as
determined by the Transportation Department, across the
property to permit vehicular and pedestrian access to
the Knabe parcel identified as Tax ID 725-709-7211. (T)
Access Winterfield. Direct access from the property to
Winterfield Road shall be limited to one (1)
entrance/exit. The exact location of this access shall
be approved by the Transportation Department. (T)
05/26/04
o
o
Access Midlothian Turnpike. Direct access from the
property to Midlothian Turnpike shall be limited to
three (3) entrances/exits. The easternmost access shall
be located towards the eastern property line, and shall
be limited to right-turns-in and right-turns-out only.
The middle access shall align the existing crossover on
Midlothian Turnpike located approximately 900 feet west
of the Winterfield Road/LeGordon Drive intersection, and
shall be limited to left and right-turns-in and right-
turns-out only. The westernmost access shall be located
at the western property line, and shall generally align
the existing crossover on Midlothian Turnpike located
approximately 1,700 feet west of the Winterfield Road/Le
Gordon Drive intersection. The exact location of these
accesses shall be approved by the Transportation
Department. (T)
Timbering Restriction. Except for tiimbering approved by
the Virginia State Department of Forestry for the
purpose of removing dead or diseased trees, there shall
be no timbering on the Property until a land disturbance
permit has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. (EE)
Burning Ban. The developer shall not use burning to
clear or timber the subject properties. (F)
Transportation Improvements. To provide an adequate
roadway system at the time of complete development, the
Developer shall be responsible for the following
improvements. The exact length and design of the
following improvements shall be approved by the
Transportation Department:
so
Construction of additional pavement along the
westbound lanes of Midlothian Turnpike at both the
middle and westernmost access to Midlothian
Turnpike, and at the Winterfield Road intersection
to provide separate right turn lanes.
Construction of additional pavement along the
eastbound lanes of Midlothian Turnpike at the
existing crossover that serves the westernmost
access to provide adequate dual left turn lanes.
Construction of additional pavement along the
eastbound lanes of Midlothian Turnpike at the
existing crossover that serves the middle access to
provide an adequate left turn lane.
Construction of a large raised median in the middle
access onto Midlothian Turnpike to restrict left
turns out of the property.
Construction of an additional westbound lane of
pavement along Midlothian Turnpike from Winterfield
Road, across the property, to the western property
line.
Construction of a six (6) lane divided typical
section (i.e., two (2) northbound lanes and four
(4) southbound lanes) for the westernmost access at
its intersection with Midlothian Turnpike.
0~-~88
05/26/04
Construction of a four (4) lane typical section
(i.e., one (1) northbound lane and three (3)
southbound lanes) for Winterfield Road at its
intersection with Midlothian Turnpike.
ho
Construction of a traffic island/circle in
Winterfield Road at the approved access, if
approved by the Transportation Department and VDOT.
In the event a traffic island/circle is not
approved for the Winterfield Road access,
additional pavement shall be constructed along
Winterfield Road at the approved access to provide
left and right turn lanes.
Relocation of the ditch to provide an adequate
shoulder along the west side of Winterfield Road
for the entire property frontage.
j o
Full cost of traffic signalization of the
westernmost site access/Midlothian Turnpike
intersection and full cost of traffic signal
modification at the Winterfield Road/Le Gordon
Drive/Midlothian Turnpike intersection, if
warranted as determined by the Transportation
Department.
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 any improvement identified above,
except for the right-of-way along Winterfield Road
that is required from the Knabe parcel identified
as Tax I.D. 725-709-7211 adjacent to any existing
dwelling, and generally in an area from Midlothian
Turnpike north for a distance of approximately 200
feet (the "Area"), the developer may request, in
writing, that the County acquire such right-of-way
as a public road improvement. All costs associated
with the acquisition of the right-of-way shall be
borne by the developer. In the event the County
chooses not to assist the developer in acquisition
of the ~off-site" right-of-way, the developer shall
only be required to provide road improvement within
available right-of-way as determined by the
Transportation Department. The developer shall not
be relieved of providing the right-of-way or road
improvements within the Area along Winterfield
Road. (T)
Phasing. Prior to any site plan approval, a phasing
plan for the required road improvements, as identified
in Proffered Condition 8 shall be submitted to and
approved by the Transportation Department. The approved
phasing plan shall require, among other things, that in
conjunction with any development with sole access to
Winterfield Road, all the road improvements along
Winterfield Road and the right turn lane along
Midlothian Turnpike at the Winterfield Road intersection
as identified in Proffered Conditions 8.a., g., h., i.
and j. shall be completed as determined by the
04-489
05/26/04
10.
11.
12.
13.
14.
Transportation Department except to the extent the
County chooses not to assist in the acquisition of "off-
site" right-of-way as set forth in 8(k); and in
conjunction with any development with access to
Midlothian Turnpike, all road improvements as identified
in Proffered Condition 8 shall be completed as
determined by the Transportation Department except to
the extent the County chooses not to assist in the
acquisition of "off-site" right-of-way as set forth in
8(k). (T)
Prior to any site plan approval, thirty-five (35) feet
of right-of-way along the west side of Winterfield Road,
measured from the centerline of that part of Winterfield
Road immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the benefit
of the County. (T)
Prior to any site plan approval, a plan with sufficient
design information, as determined by the Transportation
Department, for the improvement of Winterfield road
north to the Southern Railroad crossing on Winterfield
Road in the same general location as the current
railroad crossing shall be submitted to and approved by
the Transportation Department, and any additional right
of way, based on the approved plan, shall be dedicated,
free and unrestricted, to and for the benefit of the
County. (T)
The maximum density of the development shall be 300,000
square feet of shopping Center, 10,000 square feet of
general office, 18,000 square feet of high turnover
(sit-Down) restaurant and 251 apartment units, or
equivalent densities as approved by the Transportation
Department. (T)
Residential density. There shall be a maximum of two
hundred fifty-one (251) dwelling units. Provided
further, a maximum of ten (10) of those dwelling units
may contain more than two (2) bedrooms, but in no event
shall any dwelling unit contain more than three (3)
bedrooms. (?)
(STAFF NOTE: STAFF WILL ONLY ENSURE THAT THE PROJECT IS
DESIGNED TO MEET THE BEDROOM REGULATIONS. FUTURE
CONVERSION OF A DEN OR LIVING AREA TO A BEDROOM WILL NOT
BE PROHIBITED.)
Cash proffers. Except and unless otherwise provided
herein, the applicant, subdivider or assignee(s) shall
pay the following to the County of Chesterfield prior to
the issuance of dwellings building permit for
infrastructure improvements within the service district
for the property:
so
$5,025 per dwelling unit, if paid prior to July 1,
2003; or
bo
The amount approved by the Board of Supervisors not
to exceed $5,025 per dwelling unit adjusted upward
by any increase in the Marshall and Swift Building
Cost Index between July 1, 2002, and July 1 of the
fiscal year in which the payment is made if paid
04-490
05/26/04
15.
16.
17.
18.
19.
20.
after June 30, 2003. At the time of payment, the
$5,025 will be allocated pro-rata among the
facility costs as follows: $3,547 for
transportation, $598 for parks and recreation, $324
for libraries, $346 for fire stations, and $210 for
schools.
C o
To the extent the cash payment is not used for the
purpose for which proffered within 15 years of
receipt, the unused cash shall be returned in full
to the payor. (B&M)
Architectural treatment. The architectural treatment of
the buildings shall be compatible and consistent with
the graphic identified as Exhibit A. (P)
Design Guidelines. The site shall be designed as
generally depicted on Exhibit C and in accordance with
Exhibit A. However, the exact location of buildings and
parking may be modified provided that the general intent
of the plan is maintained with respect to creating a
pedestrian environment centered around a main street as
described in Proffered Condition 21; buildings
~fronting" Midlothian Turnpike and Winterfield Road with
no parking or driveways located between the buildings
and the roads; uses having a focal point centered around
the pond described in Proffered Condition 12; and
landscaping in a manner that enhances the pedestrian
environment. Commercial buildings adjacent to Midlothian
Turnpike and Winterfield Road shall have a traditional
storefront design with display windows. (P)
(STAFF NOTE: COPIES OF THE DESIGN GUIDELINES ARE
AVAILABLE IN THE PLANNING DEPARTMENT.)
Pond. To the extent allowed by law and governmental
regulations, the existing pond located on Tax IDs 724-
709-7661 and 725-709-1125 shall substantially remain and
shall be incorporated into the development as an
aesthetic amenity. Provided, however, this does not
prohibit the redesign or reconfiguration of the pond so
long as the pond substantially remains in tact and is
used as an aesthetic amenity. (EE)
Perimeter non-residential buildings. Ail non-
residential buildings on the perimeter of the project
along Winterfield Road and Midlothian Turnpike shall be
no more than two and one half stories and shall be
designed and constructed consistent with a pedestrian
scale development. (P)
Dwelling units. Any dwelling units shall be located
generally east of the pond located on Tax IDs 724-709-
7661 and 725-709-1125 as generally depicted on Exhibit
C. Any residential building on the perimeter of the
project along Winterfield Road shall be a maximum of two
(2) stories for any portion of the building that is
within ninety-five (95) feet of the centerline of
Winterfield Road. Provided, further, in no event shall
any residential building exceed three (3) stories. (P)
Clubhouse and pool. Prior to the certificate of
occupancy for more than one hundred (100) dwelling
04-491
05/26/04
21.
22.
units, a clubhouse shall be constructed that shall
contain a minimum of five thousand (5,000) gross square
feet. Provided further, any sales office within the
clubhouse shall not exceed twenty-five (25) percent of
the clubhouse's gross square footage. (P)
Sidewalks. Sidewalks, and crosswalks where necessary,
shall be constructed along the west side of Winterfield
Road and north side of Midlothian Turnpike for the
entire length of the subject properties adjacent to such
roads. If located within the VDOT right of way, the
sidewalks and crosswalks shall be constructed to
required VDOT standards and materials. Sidewalks shall
be a minimum of five (5) feet in width and, if located
outside of the right of way, constructed of decorative
materials. There also shall be an internal system of
sidewalks and crosswalks in the development constructed
of decorative materials. Street Trees shall be planted
adjacent to Midlothian Turnpike and Winterfield Road.
(P & T)
Lighting. Along the perimeter of the development
adjacent to Winterfield Road and Midlothian Turnpike,
pedestrian scale light fixtures shall be installed with
a design consistent with the Midlothian Village
Guidelines and spaced as may be approved at time of site
plan review. The project shall also have an internal
system of outdoor lighting, consistent with the
pedestrian scale of the development, except as may be
approved at time of site plan review. (P)
23. Prohibited Uses and Restrictions West of the Pond.
Automobile dealerships, funeral homes or mortuaries, and
hospitals shall be prohibited. Uses adjacent to the
western side of the pond as generally depicted on
Exhibit C shall be limited to restaurant limited to
restaurant, cocktail lounges and nightclubs. (P)
24. Winterfield Entrance Uses East of the Pond. Uses east
25.
of the pond as generally depicted on Exhibit C shall be
limited to those uses permitted by right or with
restrictions in the 0-2 and C-2 Districts, except as
further allowed or restricted herein. Fast food
restaurants shall be permitted except there shall be no
drive-thru. Further, the first floor of that portion of
the building adjacent to and fronting the north side of
the Winterfield Road entrance shall be limited to those
uses permitted by right or with restrictions in the C-2
District. Provided further, that portion of the
building fronting the Winterfield Road entrance shall
contain at least two stories and the floors above the
first story shall be limited to those uses permitted by
right or with restrictions in the R-MF District. The
remaining portion of the property north of the
Winterfield Road entrance shall be restricted to those
uses permitted by right or with restrictions in the R-MF
District. (P)
Main Street. The center entrance into the development
from Midlothian Turnpike shall be designed as a "main
street." To accomplish this, the design of the main
street shall include:
04-492
05/26104
A two (2) drive lane street section with two (2)
angled parking lanes, starting an adequate distance
from Midlothian Turnpike, as determined by the
Transportation Department.
bo
Sidewalks measuring twelve (12) to fifteen (15)
feet in width on each side of the street.
Street trees on each side of the street spaced
approximately thirty (30) feet on center.
do
Pedestrian scale ornamental street lights located
between the street trees.
A minimum of 20,000 square foot ~village green"
area designed to serve as a gathering place
alongside the main street and located at a strong
pedestrian node.
f o
The stores fronting the main street, which are
generally parallel to the main street, shall have a
traditional store front design with display windows
and pedestrian awnings. (P)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Miller excused himself from the meeting.
04SN0157 (Amended)
In Matoaca Magisterial District, DOUGLAS R. AND SUSAN S.
SOWERS request rezoning and amendment of zoning district map
from Agricultural (A) to Residential (R-12) with Conditional
Use Planned Development to permit exceptions to Ordinance
requirements. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
single family residential use of 2.0 to 2.2 units per acre or
less. This request lies on 80.8 acres fronting approximately
3,230 feet on the north line of Beach Road, also fronting
approximately 530 feet on the east line of Baldwin Creek Road
and located in the northeast quadrant of the intersection of
these roads. Tax IDs 707-660-8583 and 709-662-5658 (Sheet
23).
Ms. Rogers presented a summary of Case 04SN0157 and stated
the Planning Commission and staff recommend approval subject
to conditions and acceptance of the proffered conditions.
She noted the request conforms to the Upper Swift Creek Plan.
Mr. Oliver ~Skitch" Rudy, representing the applicant, stated
the recommendation is acceptable.
Mr. Barber called for public comment.
No one came forward to speak to the request.
Mr. Miller returned to the meeting.
04-493
05/26/0~
After brief discussion, on motion of Mrs. Humphrey, seconded
by Mr. King, the Board approved Case 04SN0157 subject to the
following conditions:
The Textual Statement, dated March 5, 2004, shall be
considered the master plan. (P)
In conjunction with the initial tentative subdivision
plan review, an overall plat shall be submitted for the
residential portion of this request depicting the
acreages for that property which does and does not drain
to the Swift Creek Reservoir for the purpose of
confirming overall project densities. (P)
And, further,
conditions:
the Board accepted the following proffered
The Owners-Applicants in this zoning case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended)
and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the
development of the properties known as Chesterfield County
Tax IDs 709-662-5658-00000 and 707-660-8583-00000 (the
~Property") under consideration will be developed according
to the attached Textual Statement and the following
conditions if, and only if, the rezoning requests for R-12 as
set forth in the above heading and the application filed
herein is granted. In the event the request is denied or
approved with conditions not agreed to by the Owners-
Applicants, these proffers and conditions shall be
immediately null and void and of no further force or effect.
1. (a)
Timbering. Except for the timbering approved by
the Virginia State Department of Forestry for the
purpose of removing dead or diseased trees, there
shall be no timbering on the Property until a land
disturbance permit has been obtained from the
Environmental Engineering Department and the
approved devices have been installed.
(b)
Drainage. In order to ensure that the drainage on
the property is adequately handled, the Applicant
proffers to: (i) replace all culvert pipes under
Beach Road and/or Baldwin Creek Road to ensure
adequate size to handle the ultimate upstream
drainage area, or (ii) retain water onsite so that
the existing pipes remain adequate, or (iii) a
combination of (i) and (ii) above. (EE)
2. Utilities.
(a) Public water shall be used.
(b) Public wastewater gravity sewer shall be used.
(c)
Prior to the issuance of the first building permit
for each tentative subdivision plat or prior to the
issuance of a building permit for each site plan
approved for the Property, the developer shall make
payment to Chesterfield County in the amount of
$200.00 per acre for that particular plat or plan
as a contribution towards the expansion of the Dry
Creek Wastewater Pump Station. The total
04-494
05/26/04
contribution shall be based on the total acreage
served by the public wastewater system. (U)
Transportation.
(a)
In conjunction with recordation of the initial
subdivision plat or prior to any site plan
approval, whichever occurs first, forty-five (45)
feet of right-of-way along the north side of Beach
Road (State Route No. 655), measured from the
centerline of that part of Beach Road immediately
adjacent to the property, shall be dedicated, free
and unrestricted, to and for the benefit of
Chesterfield County.
(b)
A revised centerline for the realignment of Baldwin
Creek Road at its intersection with Beach Road
shall be submitted to and approved by this
Transportation Department. In conjunction with
recordation of the initial subdivision plat or
prior to any site plan approval, whichever occurs
first, forty-five (45) feet of right-of-way along
the east side of Baldwin Creek Road (State Route
No. 730), measured from the approved revised
centerline of that part of Baldwin Road immediately
adjacent to the entire property, shall be
dedicated, free and unrestricted, to and for the
benefit of Chesterfield County.
(c)
No direct access shall be provided
property to Baldwin Creek Road.
from the
(d)
Direct access from the property to Beach Road shall
be limited to no more than three (3) public roads.
The westernmost access to Beach Road shall be
located approximately 750 feet from the approved
revised alignment of the Baldwin Creek Road
intersection as described in Proffered Condition
3(b). The exact location of these accesses shall be
approved by the Transportation Department.
(e)
To provide an adequate roadway system, the
developer shall be responsible for the following
improvements:
(i)
Construction of additional pavement along
Beach Road at each approved access to provide
left and right turn lanes, if warranted, based
on Transportation Department standards.
(ii) Widening/improving the north side of Beach
Road and the east side of Baldwin Creek Road
to an eleven (11) foot wide travel lane,
measured from the centerline of the roads,
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.
(iii) Dedication to and for the benefit of
Chesterfield County, free and unrestricted, of
any additional right-of-way (or easements)
04-495
05/26/04
o
o
required for the improvements identified
above. In the event the Developer is unable
to acquire the right of way necessary for the
road improvements as described above, the
Developer may request in writing, the County
to acquire such right of way as a public road
improvement. All costs associated with the
acquisition of the right-of-way shall be borne
by the Developer. In the event the County
chooses not to assist the Developer in
acquisition of the ~off-site" right of way,
the developer shall be relieved of the
obligation to acquire the "off-site" right of
way and shall be required only to provided the
road improvements that can be accommodated
within available rights of way as determined
by the Transportation Department.
(f)
Prior to any construction plan or site plan
approval, whichever occurs first, a phasing plan
for the required road improvements, as identified
in Proffered Condition 3(e), shall be submitted to
and approved by the Transportation Department. (T)
Age Restriction. Lots for Age-Restricted Dwelling Units
shall be grouped together on a particular portion of the
Property and shall not be scattered among other
residential units. At the time of[ recordation of a
subdivision plat or the approval of any site plan, the
lots shall be noted age-restricted. Any Site Plan for
Age Restricted Dwelling Units shall also note the
restriction. (P)
Cash Proffer. The applicant, subdivider, or assignee(s)
shall pay the following to the County of Chesterfield
prior to the issuance of each building permit for
infrastructure improvements within the service district
for the property:
(a)
The amount approved by the Board of Supervisors not
to exceed $9,000.00 per dwelling unit adjusted
upward by any increase in the Marshall Swift
building cost index between July 1, 2003, and July
1 of the fiscal year in which the payment is made
if paid after June 30, 2004.
(b)
Provided, however, that if any building permits
issued on the property are 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 requirements that no
person under 19 shall reside in such unit, the
amount approved by the Board of Supervisors, but
not to exceed $4,815 per dwelling unit as adjusted
upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 2003 and July 1
of the fiscal year in which the payment is made if
paid after June 30, 2004. At the time of payment,
the $4,815 will be allocated pro-rata among the
04-496
05/26/04
facility costs as follows: $598 for parks and
recreation, $324 for library facilities, $3,547 for
roads, and $346 for fire stations. Payments in
excess of $4,815 shall be prorated as set forth
above.
(c)
If any of Cash proffers are not expended for the
purpose designated by the Capital Improvements
Program within fifteen (15) years from the date of
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, but not be in addition to, any
impact fees, in a manner determined by the County.
(B & M)
6. Density.
(a)
The total number of residential units on that
portion of the property requested to be rezoned R-
12 which drains to the Swift Creek Reservoir shall
not exceed two (2) units per acre. (Note: The
Applicant has determined that 17 acres, more or
less, of said request parcel does drain to the
reservoir).
(b)
The total number of residential units on that
portion of the property requested to be rezoned R-
12 which does not drain to Swift Creek Reservoir
shall not exceed 2.2 single family residential
units per acre. (Note: The Applicant has
determined that 63.684 Acres, more or less, does
not drain to the reservoir) (P)
o
Phasing. No residential building permits shall be issued
until January 1, 2007. Thereafter, a maximum of 82
residential building permits shall be issued prior to
January 1, 2008, a cumulative maximum of 164 residential
building permits shall be issued prior to January 1,
2009, with the remaining building permits issued after
said January 1, 2009. (P)
o
Temporary sediment basins shall remain in place and/or
new BMPs constructed to achieve the .22 phosphorus
standard until the downstream regional BMP into which
the development will drain has been constructed. (EE)
Ayes:
Nays:
Miller, Barber, Humphrey, King and Warren.
None.
Mr. Miller requested a ten-minute recess.
Reconvening:
16. PUBLIC HEARINGS
16.A. TO CONSIDER ADOPTION OF AMENDMENTS TO THE CHESAPEAKE
BAY PRESERVATION ORDINANCE
Mr. Micas stated this date and time has been advertised for a
public hearing to consider adoption of amendments to the
04-497
05/26/04
Chesapeake Bay Preservation Ordinance. He further stated the
proposed ordinance addresses concerns raised by the Board at
its February 11, 2004 work session, by allowing developers to
hire qualified professionals to make site specific
determinations; extending the exception process if there is a
possibility of losing buildable lots; allowing the
reconstruction of structures that may be damaged; and
eliminating any provisions that were in the prior ordinance
that were not mandated by the state, including the exclusion
of all-terrain vehicles in resource protection areas.
Mr. Miller called for public comment.
Mr. Howard Nester, Vice President of the Chesterfield Farm
Bureau, expressed concerns that the Farm Bureau did not work
with staff on the proposed amendments. He stated he believes
the taking of a person's land on either side of a perennial
stream would ruin the property and represents condemnation
without compensation.
Mr. Ellis Nester, a resident of Newbys Bridge Road, stated he
believes restricting a person's use of his property is really
confiscation of his property rights and is not morally
correct. He urged the Board to defer a vote on the issue
until such time as the land has been evaluated and each
landowner knows the impact of the ordinance on their land.
Mr. Tom Faris, a resident of Liken Creek in the Dale
District, expressed concerns relative to the easements that
already exist on his property and stated tlhat, if 100 feet is
taken away from his property along with the easements, he
will lose 18 percent of his property, although he must pay
taxes on the entire property. He stated he has been growing
timber for 30 days, and expressed concerns that he will not
be able to get into his property and cut the timber if the
ordinance is adopted.
Mr. John Cogbill, a Clover Hill District resident, stated he
feels the ordinance is unfair because it only affects
jurisdictions east of Interstate 95. He further stated he
does not have a clear understanding of the new regulations,
and he believes there is going to be a problem when
landowners are not able to use their property as they thought
they could. He stated he owns about an acre, and if the
stream on his property is determined to be perennial, he
would lose about two-thirds of his yard and the land would
become useless. He suggested that the Board take its time in
making a decision because of uncertainties with respect to
land value. He expressed concerns that, according to the
agenda item, the Attorney General has notified the county
that it is the only locality in the state that has not
complied with the new regulations when there are actually
nine localities that have not adopted the regulations.
Discussion ensued between Mr. Miller and Mir. Cogbill relative
to Constitutional prohibitions against taking land without
compensation and implementation of police power for taking of
land for public necessities.
Mr. Warren stated he shares many of the concerns raised by
Mr. Cogbill and is troubled by the definitions being
presented in the ordinance amendments as well as
04-498
05/26/04
understanding the impact of the amendments on private
property.
Mr. Cogbill stated he believes ambiguities exist in the
ordinance and there are risks involved with moving forward.
Mr. Roger Habeck, Bermuda District resident, expressed
concerns relative to the ambiguities in definitions and
differences between the law, the ordinances and the
guidelines. He expressed concerns that upstream
circumstances can cause perennial streams to become
intermittent or vice versa. He stated proper review,
measurement, standards and methodology must be built into the
process to prevent disasters from occurring. He suggested
that the Board take more time before adopting the ordinance
amendments.
Mr. Preston Cooper, Co-Chairman of Hands Across the Lake,
stated, although he is sympathetic to landowners, he believes
perennial streams must be protected because failure to do so
will lead to the demise of the Chesapeake Bay. He noted that
Brandermill and Woodlake have many waterfront properties with
resource protection areas, and the property values are higher
than lots that are further back behind them. He stated Hands
Across the Lake strongly supports the ordinance amendments
and requested that Chesterfield not be one of the few
counties to neglect its natural resources.
Mr. Michael Pace, a resident of Chelsea Farm, expressed
concerns relative to the impact of the ordinance amendments
on his property and encouraged the Board not to support the
proposed amendment.
Mr. David Root, representing the Richmond Homebuilders
Association, stated the issue is very complex and touches on
a wide variety of concerns including legal issues. He
requested that the Board defer adoption of the proposed
amendments until the impact of application of the proposed
ordinance is fully known.
Mr. William Shewmake, a Midlothian District resident,
expressed concerns relative to the expansion of what
constitutes a perennial stream. He stated the ordinance
amendments could devastate the 288 Corridor, which is the
county's economic engine. He expressed concerns relative to
the definition of perennial and stressed the necessity for a
map depicting perennial streams in the county in order to
enforce the ordinance fairly. He requested that any model
that is adopted dispositively state that a body of water that
is perennial in a normal precipitation year will have an
unceasing flow and that the definition of perennial not be
expanded. He also requested that the county take a
leadership role and lobby the General Assembly to clarify the
proposed amendments. He stated he agrees with Mr. Cogbill
that jurisdictions west of Interstate 95 should also be
included in the mandate.
Mr. Bill Hastings, a Matoaca District resident, stated he
supports the proposed ordinance, indicating that preservation
of extensive resource protection areas is important to
maintain water quality in the county and, ultimately, the
Chesapeake Bay. He further stated he, too, believes the
ordinance should be mandated throughout the entire Chesapeake
04-~99
05/26/0~
Bay Watershed, not just jurisdictions east: of Interstate 95.
He stated adoption of the ordinance appears to be the prudent
thing to do in order to be in compliance with state law.
Mr. George Beadles, a resident of Clover Hill District,
expressed concerns that this issue has not already been
brought to the General Assembly by the county.
Dr. Betty Hunter-Clapp, a resident of the Clover Hill
District, stated the proposed ordinance amendments are
designed to protect water throughout the state. She
expressed concerns that men and women are suffering because
of loss in the fishing and recreational, industries. She
stated she believes giving up the use of land is a worthwhile
sacrifice to protect the future of our water supply.
Mr. Chris Salle, a resident of Mount Hermon Road, stated he
will lose approximately 26 acres of his property if the
proposed amendments are adopted. He expressed concerns that
the current ordinance is not being properly enforced along
the Swift Creek Reservoir.
Mr. Bryan Buniva stated he recently represented the City of
Richmond in defending a Chesapeake Bay Preservation Act
decision that was challenged by a developer, and the court
ruled that the city did not have the power under state law
and regulations to impose a resource protection area on the
developer's property. He further stated the case was
appealed to the Supreme Court, but the Supreme Court chose
not to take it.
No one else came forward to speak to the ordinance
amendments.
Mr. Warren stated that Mr. Buniva's comments reaffirmed that
he is not comfortable enough with the details to adopt the
proposed ordinance amendments and does not know whether the
state realizes what they have imposed.
Mr. King stated, as a biology major, he cares greatly about
the value of our environment and natural resources. He
further stated he was elected to represent the best interest
of the citizens, and he does not believe that taking their
land and offering no tax relief seems fair or reasonable. He
stated there must be a better alternative, and he will not
support the proposed ordinance amendments.
Mrs. Humphrey stated she does not believe the ordinance
amendments represent good science. She noted that
Chesterfield has been a leader in the Commonwealth in
addressing water quality and non-point source pollution with
its phosphorous loading ordinances and stream programs. She
stated she is not prepared to support the proposed amendments
without a map and data relative to perennial streams in the
county.
Mr. Barber expressed concerns that, as a Dillon Rule state,
the county must accept what is passed by the General
Assembly. He stated Board members take an oath to uphold the
Constitution of the United States and the Constitution of
Virginia, as well as the laws of Virginia, indicating that
the Constitution says, private property cannot be taken by
the goverriment without certain direct purposes. He stated
04-500
05/26/04
the dilemma is whether to err on the side of the law that has
been passed or on the side of the Constitution we all
embrace, indicating that he has issues with the ordinance
amendments as they have been presented.
Mr. Miller stated, according to the Constitution, no property
can be taken for a government purpose without the payment of
just compensation, except in cases that demand public
necessity and the government can exercise police power.
He further stated he does not believe the Board should tread
lightly when dealing with the protection of private property
rights. He stated he does not believe the proposed ordinance
amendments represent the best efforts of the state,
indicating that a relatively small number of people would be
burdened to benefit the larger group of people in the
Commonwealth. He further stated he believes the ordinance
amendments represent an unfair and unreasonable burden, and
are nebulous in many ways, including the definition of
perennial. He stated he is not prepared to support the
ordinance and feels that it should perhaps be revisited down
the road by the General Assembly.
Mr. Barber expressed concerns that the Board is being asked
to adopt an ordinance that they could not explain the
ramifications of to anyone.
Mr. Barber then made a motion for the Board to table
consideration of the ordinance and direct staff to provide
mapping of streams in the county.
Mr. Micas stated the Board's procedures require deferral to a
certain date.
When asked, Mr. Ramsey stated he believes the mapping process
will take longer than six months.
Mr. Barber stated he believes it is vital to communicate to
the General Assembly the local impact of the proposed
ordinance.
Mr. Barber then amended his motion to defer the public
hearing to consider the proposed amendments to the Chesapeake
Bay Preservation Ordinance until November 23, 2004 and direct
staff to advise the Board regarding its progress with the
mapping of county streams.
Mr. King seconded the motion.
Mr. Warren requested that Mr. Micas provide additional
details to the Board relative to the court case Mr. Buniva
referred to.
Mr. Miller called for a vote on the motion of Mr. Barber,
seconded by Mr. King, for the Board to defer the public
hearing to consider the proposed amendments to the Chesapeake
Bay Preservation Ordinance until November 23, 2004 and direct
staff to advise the Board regarding its progress with the
mapping of county streams.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-501
05/26/04
On motion of Mr. Barber, seconded by Mr. King, the Board
suspended its rules at this time to consider items after
11:00 p.m.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
16 .B.
TO CONSIDER A~m. ND~NTS TO THE ZONING ORDINANCE
RELATING TO MOTOR VmWICLE SALES A~-D REPAIR IN C-3
AND C-& ZONING DISTRICTS
Mr. William Poole stated this date and time has been
advertised for a public hearing to consider amendments to the
Zoning Ordinance relating to motor vehicle sales and repair
in C-3 and C-4 zoning districts. He further stated staff
worked with automobile dealers and the Planning Commission
and drafted an alternative to the original proposal
(Amendment B-l). He stated the Planning Commission
recommended denial of the original proposal that would
require a Conditional Use in every district and approval of
Amendment B-1 that would leave motor vehicle sales as a
restricted use in C-3 and C-4 districts and add an eighth
restriction relative to new dealerships located within a
shopping center. He further stated a minor change is being
suggested to correct a grammatical error in Section 19-
159(f) (8), and noted the automobile dealers support the
change. He stated staff recommends approval of Amendment B-
i, including the language change presented.
Mr. Miller called for public comment.
Mr. Roger Habeck, representing the Chesterfield Chamber of
Commerce, stated used car lots are essential to revitalizing
economic activity in depressed areas. He further stated
Amendment B-1 deals with the shopping center issue and has
the support of automobile dealers. He requested that the
Board approve Amendment B-1.
Mr. Bill Johns, Vice President of AES Engineers, representing
Richmond BMW, stated he has designed 14 of the automobile
dealerships in Chesterfield County. He further stated
Amendment B-1 works very well for everyone concerned and
encouraged the Board to support it.
Mr. Jimmy Davis, representing Davis Auto Sales, and President
of the Virginia Independent Automobile Dealers Association,
stated he supports Amendment B-1. He noted the used car
industry is vital to the state and county's economy.
There being no one else to speak to the ordinance amendments,
the public hearing was closed.
Mr. Barber made a motion, seconded by Mr. King, for the Board
to adopt Amendment B-l, including the language change.
Mr. Miler called for a vote on the motion of Mr. Barber,
seconded by Mr. King, for the Board to adopt the following
ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF
CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND
RE-ENACTING SECTION 19-159 RELATING TO MOTOR VEHICLE
REPAIR, AND MOTOR VEHICLE SALES IN C-3 AND C-4 DISTRICTS
04-502
05/26/04
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 19-159 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 19-159. Uses permitted with certain restrictions.
The following uses shall be permitted in the C-3
District subject to compliance with the following conditions
and other applicable standards of this chapter. If the
following restrictions cannot be met, these uses may be
allowed by conditional use, subject to the provisions of
section 19-13:
(c)
O O O
Motor vehicle repair, excluding body, major engine
and transmission repair, provided that:
(1)
Such use is not located in the Chester Village
Area;
(2)
Except as noted in subsection
following conditions shall be met:
(3}, the
Ail such uses shall be set back a minimum
of 100 feet from adjacent R, RTH, R-MF
and 0 Districts or A Districts that are
shown on the comprehensive plan for R, R-
TH, R-MF or 0 use. This setback shall be
landscaped according to section 19-
522(a)(4) of the Development Standards
Manual.
Storage yards for vehicles awaiting body
repair, painting, auction or wholesale
sales shall be screened from view of any
adjacent properties on which such yards
are not permitted or do not exist, and
from external public roads or areas
currently zoned agricultural and shown on
the comprehensive plan for residential or
office use;
C o
Except for minimal repairs necessary to
allow a vehicle to be moved into the
service area, all allowed repair
activities and storage of new or replaced
repair materials shall occur inside the
buildings unless screened as required by
Section 19-159(h).
Such use is not located within a shopping
center.
(3)
The requirements of subsection (2) shall not
apply to any motor vehicle repair facility in
operation prior to May 26, 2004.
O O O
0,I-503
05/26/04
(f)
Motor vehicle sales and rental, excluding
commercial vehicles such as buses, tractor-trailer
trucks, dump trucks, stake bed trucks, vans where
the cargo area cannot be accessed from the driver's
seat without exiting the vehicle and/or cab and
chassis vehicles; construction equipment and motor
vehicle consignment lots, and as accessory to sales
and rental, service and repair, to exclude body
repair, provided that:
(1)
Motor vehicle service and repair is not
located in the Chester Village Area as
identified in Section 19-606.
(2)
Ail such uses shall be set back a minimum of
100 feet from adjacent R, RTH, R-MF and 0
Districts or A Districts that are shown on the
comprehensive plan for R, R-TH, R-MF or O use.
This setback shall be landscaped according to
section 19-522(a) (4) of the Development
Standards Manual.
(3)
Storage yards for vehicles awaiting body
repair, painting, auction or wholesale sales
shall be screened from view of any adjacent
properties, on which such yards are not
permitted or do not exist, and from external
public roads or areas currently zoned
agricultural and shown on the comprehensive
plan for residential or office use.
(4)
Ail garage-type doors shall be oriented away
from, or screened from view of, adjacent
residential or office zoned properties,
external roads or areas currently zoned
agricultural and shown on the comprehensive
plan for residential or office use.
(5)
There shall be no elevated display of motor
vehicles.
(6)
Except for minimal repairs necessary to allow
a vehicle to be moved into the service area,
all allowed repair activities and storage of
new or replaced repair materials shall occur
inside the buildings unless screened as
required by Section 19-159(h).
Motor vehicle sales is not located in Village
Districts as identified in Section 19-606.
(8)
Such use is not located within a shopping
center unless the use was in existence prior
to May 26, 2004.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-504
05/26/04
16.C. TO CONSIDER APPROPRIATION OF FUNDS FOR ROBIOUS ROAD
WIDENING PROJECTS FROM SALISBURY ROAD TO TWIN TEAM
LANE AND FROM TWIN TEAM LANE TOWARDS JAMES RIVER ROAD;
AND AUTHORIZATION TO AWARD CONTRACT AND ENTER INTO
AGREEMENTS FOR THE PROJECTS
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider appropriation of
funds for Robious Road widening projects and authorization to
award the construction contract and enter into agreements for
the projects.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
appropriated $1,178,889 in cash proffers from traffic shed 2
and authorized the County Administrator to award a $1,272,800
construction contract to Richard L. Crowder Construction
Company for the Robious Road Widening Project from Salisbury
Road to Twin Team Lane.
And, further, the Board appropriated $913,120 in cash
proffers from traffic shed 1 for widening Robious Road from
Twin Team Lane towards James River Road and authorized the
County Administrator to enter into the customary Virginia
Department of Transportation/county/consultant/contractor,
design, right-of-way acquisition, and/or construction
agreements, acceptable to the County Attorney.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
16.D. TO CONSIDER ANAMENDMENT TO THE ZONING ORDINANC~
RELATING TO DEVELOPMENT STANDARDS FOR RETAININ~
WALLS IN OFFICE, COMMERCIAL AND iNDUSTRIAL
DISTRICTS
Mr. Doug Mawby, Senior Planner, stated this date and time has
been advertised for a public hearing for the Board to
consider an amendment to the Zoning Ordinance relating to
development standards for retaining walls in Office,
Commercial and Industrial Districts. He presented various
representations of retaining walls that would be appropriate
under the proposed ordinance. He stated, after input from
the development community, staff is recommending that
bollards spacing in Section 19-570.1(e) be changed from four
(4) feet to four and one-half (4.5) feet on center, which
will allow bollards to be more orderly lined up with parking
spaces.
Mr. Miller called for public comment.
No one came forward to speak to the ordinance amendment.
On motion of Mr. Barber, seconded by Mr. King, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING
SECTION 19-570.1 OF THE ZONING ORDINANCE RELATING
04-505
05/26/04
TO DEVELOPMENT STANDARDS FOR RETAINING WALLS
IN OFFICE, COMMERCIAL AND INDUSTRIAL, DISTRICTS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 19-570.1 of the Code of the County of
Chesterfield, 1997, as amended, is added to read as follows:
DIVISION 3. DEVELOPMENT REQUIREMENTS -
OFFICE, COMMERCIAL AND INDUSTRIAL
Subdivision I. General Provisions, Development
Requirements - Countywide
o o o
Sec. 19-570.1. Retaining Walls.
(a) Retaining walls shall be constructed so that they
are compatible in appearance with the principal structures in
the development and/or the view shed in which they are
located. Compatibility shall be accomplished through the use
of integrated color block or other material that is similar
in appearance to the primary structures or is an earth tone
acceptable to the Director of Planning.
(b) Walls over ten (10) feet in height and within fifty
(50) feet of, and facing, an exterior property line or public
right of way shall employ landscaping along the wall base to
soften the visual impact of the wall. Landscaping shall
consist of any required setback planting as well as
additional evergreen trees to break up large expanses of
wall.
(c) Walls shall use the same setback as required for
drives and parking from rights of way or property lines.
When landscaping is required along the base of a wall,
setbacks shall be increased, if necessary, so that a minimum
ten (10) foot planting area is provided that is free from any
easements, overhead or underground utilities, or other
encumbrances that might prevent the installation of required
landscaping.
(d) The director of planning may waive any requirements
of 19-570.1(a) through 19-570.1(c) at the time of site plan
review if it is determined that the visibility or in~act of a
wall is minimized due to its location, orientation or other
conditions in the vicinity of the wall.
(e) Retaining walls four (4) feet tall and higher shall
incorporate permanent fencing on the upper side of the wall,
and if visible to the public, decorative fencing. Fencing
shall be a minimum height of forty-eight (48) inches. If
vehicle parking or drives occur on the upper side of the wall
without sufficient physical impediment to a vehicle reaching
the wall, at least one of the following measures shall be
incorporated between the fence and the vehicle area: vehicle
guardrails, earth berms at least three (3) feet high above
grade on the approach side, or concrete filled steel bollards
spaced four and one-half (4.5) feet on center.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-506
05/26/04
In response to a question from Mr. Miller, Mr. Jacobson
stated there are options for developers to provide safety
along BMPs.
16.E. TO CONSIDER AN ORDINANCE TO V~CATE A PORTION OF A
SIXtEEN-FOOT ALLEY WITHIN BLOCK 18, PLAN OF
CRESCENT PARK
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider an ordinance to
vacate a portion of a 16-foot alley within Block 18, Plan of
Crescent Park.
Mr. Miller called for public comment.
No one came forward to speak to the ordinance.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to HOME INVESTMENTS,
L.L.C., ("GRANTEE"), a portion of a 16' alley
within Block 18, Plan of Crescent Park, BERMUDA
Magisterial District, Chesterfield County,
Virginia, as shown on a plat thereof duly recorded
in the Clerk's Office of the Circuit Court of
Chesterfield County in Plat Book 4, at Page 110.
WHEREAS, HOME INVESTMENTS, L.L.C., petitioned the Board
of Supervisors of Chesterfield County, Virginia to vacate a
portion of a 16' alley within Block 18, Plan of Crescent
Park, BERMUDA Magisterial District, Chesterfield County,
Virginia more particularly shown on a plat of record in the
Clerk's Office of the Circuit Court of said County in Plat
Book 4, Page 110, by J. TEMPLE WADDILL, dated JANUARY 10,
1928. The portion of alley petitioned to be vacated is more
fully described as follows:
A portion of a 16' alley, Block 18, Plan of
Crescent Park, the location of which is more fully
shown on a plat made by POTTS, MINTER AND
ASSOCIATES, P.C., dated MARCH 11, 2004, a copy of
which is attached hereto and made a part of this
Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portion of alley sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
BOARD OF
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid portion of alley be
and is hereby vacated.
04-507
05/26/04,
GRANTEE hereby conveys unto the GRANTOR and GRANTOR
hereby reserves a 16' wide drainage easement over the entire
portion of the 16' alley hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title to the centerline of the portion of alley
hereby vacated in the owner of Lots 25 and 26, Block 18,
within Plan of Crescent Park free and clear of any rights of
public use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and HOME
INVESTMENTS, L.L.C., or its successors in title, as GRANTEE.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
16.F. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A
FORTY-FOOT RIGHT OF WAY KNOWN AS MID CITY ROAD
WITHIN MID CITY FARMS SUBDIVISION
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider an ordinance to
vacate a portion of a 40-foot right of way known as Mid City
Road within Mid City Farms Subdivision.
Mr. Miller called for public comment.
No one came forward to speak to the ordinance.
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to FOREST LAKE
ASSOCIATES, L.L.C., a Virginia limited liability
company, ("GRANTEE"), a portion of a 40' right of
way known as Mid-City Road located in Mid-City
Farms Subdivision, BERMUDA Magisterial District,
Chesterfield County, Virginia, as shown on plats
thereof duly recorded in the Clerk's Office of the
Circuit Court of Chesterfield County in Plat Book
3, at Pages 242 and 243, and Plat Book 4, Pages 98
and 99.
WHEREAS, FOREST LAKE ASSOCIATES, L.L.C., a Virginia
limited liability company, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate a
portion of a 40' right of way known as Mid-City Road located
in Mid-City Farms Subdivision, BERMUDA Magisterial District,
Chesterfield County, Virginia more particularly shown on
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plats of record in the Clerk's Office of the Circuit Court of
said County in Plat Book 3, at Pages 242 and 243, and Plat
Book 4, Pages 98 and 99. The easement petitioned to be
vacated is more fully described as follows:
A portion of a 40' right of way known as Mid-City
Road located in Mid-City Farms Subdivision, the
location of which is more fully shown on a plat
made by TIMMONS GROUP, dated MAY 12, 2004, a copy
of which is attached hereto and made a part of this
Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the right of way sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
BOARD OF
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid right of way be and
is hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title to the centerline of the portion of right of
way hereby vacated in the abutting property owners, within
Mid-City Farms Subdivision, free and clear of any rights of
public use subject to the resubdivision of the lots adjacent
to the portion of Mid-City Road hereby vacated
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and FOREST
LAKE ASSOCIATES, L.L.C., a Virginia limited liability
company, or its successors in title, as GRANTEE.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
16.G. TO CONSIDER THE LEASING OF COUNTY PROPERTY AT T~
MIDLOTHIAN WATER TANK AND ENON TOWER
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider the leasing of
county property at the Midlothian Water Tank and Enon Tower.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
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05/26/04
On motion of Mr. King, seconded by Mr. Barber, the Board
approved the leasing of county property at the Midlothian
Water Tank and Enon Tower to Nextel Communications.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS
There were no mobile
remaining at this time.
home permits
or zoning requests
18. ADJOURNMENT
On motion of Mr. Barber, seconded by Mr. King, the Board
adjourned at 12:28 a.m. until June 23, 2004 at 3:00 p.m.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Chairman
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