07-28-2004 MinutesBOARD OF SUPERVISORS
MINUTES
July 28, 2006
Supervisors in Attendances
Mr. Kelly E. Miller, Chairman
Mrs. Renny B. Humphrey
Mr. R. M. "Dickie" King, Jr.
Mr. Arthur S. Warren
Supervisor Absent:
Mr. Edward B. Barber, Vice Chrm.
Mr. Lane B. Ramsey
County Administrator
Staff in Attendances
Lt. Col. James Bourque,
Police Department
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Mr. Craig Bryant, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Ms. Rebecca Dickson, Dir.,
Budget and Management
Mr. James Dunn, Dir.,
Economic Development
Mr. William Dupler,
Building Official
Ms. Lisa Elko, CMC
Clerk
Chief Stephen A. Elswick,
Fire Department
Ms. Karla Gerner, Dir.,
Human Resource Mgmt.
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, Acting
Dir. of Real Estate
Assessments
Mr. Joseph Horbal,
Commissioner of Revenue
Mr. Thomas E. Jacobson,
Dir. of Revitalization
Mr. H. Edward James,
Dir., Purchasing
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Asst. Dir.,
General Services
Mr. Jacob W. Mast, Jr.,
Nursing Home Admin.
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
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Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Thomas Taylor, Dir.,
Block Grant Office
Mr. Kirkland A. Turner,
Director of Planning
Mr. Miller called the regularly scheduled meeting to order at
3:09 p.m.
1. APPROVAL OF MINUTES
On motion of Mr. Warren, seconded by Mr. King, the Board
approved the minutes of June 23, 2004, as submitted, and June
25, 2004, as amended.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
2. COUNTY ADMiNISTRATOR'S COMMENTS
2.C. DETERMINED PROMISE 2004 BRIEFING
Battalion Chief David! Bailey provided details of the
Determined Promise 2004 field exercise to be conducted at
Bensley Elementary School on August 6, 2004, which is
designed to test the county's response to a terrorist event.
He stated the event will include participants from various
regional, state and federal agencies. He further stated a
grant from the Department of Homeland Security will provide
funding for the field exercise and noted the specific details
of the event are confidential.
2.B. UNITED STATES FiSH AND WILDLIFE SERVICE PRESENTATION
Mr. Joseph McCauley, Refuge Manager for the United States
Fish and Wildlife Service, accompanied by Mr. Cyrus Brame,
provided details of recent improvements at the Presquile
National Wildlife Refuge. He presented a $5,130 revenue
sharing check to Mr. Miller, representing Refuge Revenue
Sharing Act payments for use at Presquile.
Mr. Miller thanked Mr. McCauley for the revenue sharing
payment.
2.A. ACCREDITATION AWARDED TO THE COMMUNITY SERVICES BOARD
Mr. Ramsey stated the Chesterfield Community Services Board
(CSB) has been informed by the Rehabilitation Accreditation
Commission (CARF), that all mental health, mental retardation
and substance abuse programs and services have been
accredited for a period of three years. He further stated
the accreditation outcome represents the highest level of
accreditation, and marks the third consecutive three-year
accreditation awarded to the CSB.
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07/28/04
Mr. Braunstein stated the CSB is the only community services
board in the state that has been fully accredited three
times. He expressed appreciation to Ms. Kelly Fried and Ms.
Sue Tatum for their efforts that led to the CARF
accreditation.
Mr. Miller presented the accreditation award to Mr.
Braunstein and commended him on the efforts of the CSB that
led to the recognition.
Mr. Braunstein expressed appreciation to the Board for the
recognition.
Mr. Ramsey recognized Mr. Curt Nellis and welcomed him as the
county's new Deputy Emergency Management Coordinator.
3. BOARD COMMITTEE REPORTS
There were no Board committee reports at this time.
REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE
ORDER OF PRESENTATION
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
deleted Item 8.C.13.f., Request for Permission from John B.
LeBlanc, II and Miriam C. LeBlanc for a Concrete Driveway to
Encroach Within a Sixteen-Foot Drainage Easement Across Lot
102, Montclair at Southbend, Section 1; added Item 8.C.19.,
Initiation of a Zoning Application at Chesterfield Industrial
Park; replaced Item 15.B., Resolution Recognizing Boy Scout
Troop 862 for Outstanding Community Service; and adopted the
Agenda, as amended.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
5.A. RECOGNIZING MR. ROBERT L. DUNN, DUPONT, UPON HIS
Mr. Stith introduced Mr. Robert Dunn who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. Robert L. Dunn, better known to many as Bob
Dunn, was the Environmental and Community Relations Manager
for DuPont; and
WHEREAS, Mr. Dunn has had direct responsibility for
assisting DuPont to achieve environmental excellence as an
integral part of its business operations in Virginia; and
WHEREAS, Mr. Dunn joined DuPont as a process engineer in
1965 after graduating from the Colorado School of Mines; and
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WHEREAS, his career with DuPont was interrupted as he
served in the U. S. Army as an officer in the Corps of
Engineers for a period of three years; and
WHEREAS, Mr. Dunn returned to the Colorado School of
Mines and earned his M.S. degree in Chemical Engineering; and
WHEREAS, Mr. Dunn has been very active in the conm]unity,
serving on various civic and professional boards, including
as chairman of Central Virginia Waste Management Authority;
chairman of the Virginia Manufacturers Association's Outreach
Committee; Virginia Manufacturers Association Environmental
Committee; Virginia Chemical Manufacturers Coalition
Technical Committee; Chesterfield Public Education Foundation
Board; and chairman of the Friends of Chesterfield's
Riverfront; and
~EREAS, Mr. Dunn received the 1998 Mentor of the Year
Award for his service on the Chesapeake Bay Program; and
~EREAS, Mr. Dunn retired from DuPont effective June 15,
2004; and
~EREAS, it is appropriate for this Board of
Supervisors, on behalf of all Chesterfield County residents,
to thank Mr. Dunn for his civic-minded service, especially in
regard[ to protecting the environment and ensuring quality
public education.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 28th day of July 2004,
publicly recognizes Mr. Robert L. Dunn and extends
appreciation for his active and dedicated involvement .in his
community, including important work on behalf of the
environment and public education, congratulates him on his
many years of successful work with DuPont, and wishes him and
his wife, Jeanne, much health, happiness and fulfillment in
retirement.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
Mr. King presented the executed resolution to Mr. Dunn,
accompanied by his wilfe, expressed appreciation for his
commitment to the community, and congratulated him on his
retirement.
Mr. Dunn expressed appreciation for the recognition and
stated it has been a pleasure to work with county staff.
5.B. RECO~NIZIN~ DEPUTY CHIEF PAUL A. SHORTER, CHESTERFIELD
FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON
HIS RETIREMENT
Chief Elswick introduced Mr. Paul Shorter who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
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07/28/04
WHEREAS, Deputy Chief Paul A. Shorter will retire from
the Fire and Emergency Medical Services (EMS) Department,
Chesterfield County, on August 1, 2004; and
WHEREAS, Chief Shorter began his career with the county
as a dispatcher in Fire Alarm Headquarters on November 15,
1971 and has faithfully served the county for over 32 years
in a variety of assignments; and
WHEREAS, Chief Shorter was hired as a firefighter on
July 1, 1973 attending Recruit School #3; was promoted to the
position of Sergeant on June 1, 1974 and then again to
Lieutenant in November 1, 1976; and achieved the rank of
Captain on July 1, 1977, Battalion Chief on July 16, 1978,
Senior Battalion Chief on January 5, 1990, and Deputy Chief
on July 1, 1996; and
WHEREAS, Chief Shorter faithfully served on the
Shrink/Swell Soil Task Force formed by the county, lending
his judgment and expertise to address a perplexing problem
facing Chesterfield County homeowners; and
WHEREAS, Chief Shorter's expertise was again tapped when
he was asked to serve on a multi-departmental workgroup to
develop the "Project 2000 Planning Document" which was to
guide the county in its future; and
WHEREAS, Chief Shorter was instrumental in the research,
planning, and site acquisition of what was to become the
Bensley, Swift Creek, Centralia, Rivers Bend, Winterpock, and
Courthouse Road Fire and EMS Stations; and
WHEREAS, Chief Shorter coordinated the development of
the first Heavy and Tactical Rescue Program for Chesterfield
Fire and EMS and the first Career Development Program within
the organization; and
WHEREAS, Chief Shorter served as project coordinator for
the successful development and implementation of the EMS
Revenue Recovery Program, a program that has provided revenue
to meet the future demands of emergency medical services in
the county and serves as the model for others across the
Commonwealth to emulate; and also served as project
coordinator for the department's Advanced Life Support
Workgroup, a workgroup that developed numerous options for
the department to consider in meeting the demands of Advanced
Life Support Care on an ever-increasing emergency medical
workload; and
WHEREAS, Chief Shorter served as project coordinator for
the department's Staffing and Leave Management Team, a team
that developed options for the department to efficiently
manage its staffing demands and to more effectively manage
the leave of its personnel; and
WHEREAS, Chief Shorter displayed a caring attitude
toward all those he came in contact with and demonstrated
excellent teamwork skills, always willing to serve his co-
workers, volunteers, and the citizens of Chesterfield County.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 28th day of July 2004,
publicly recognizes the contributions of Deputy Chief Paul A.
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07/28/04
Shorter, expresses the appreciation of all residents :flor his
service to the county, congratulations upon his retirement,
and best wishes for a long and happy retirement.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
Mr. Miller presented the executed resolution and a Jefferson
Cup to Mr. Shorter, accompanied by his wife and Chief
Elswick, expressed appreciation for his dedicated service,
and congratulated him on his retirement.
Chief Elswick presented Mr.
containing his badges.
Shorter with
a shadow box
Mr. Shorter thanked former Fire Chiefs Robert Eanes and
Wesley Dolezal as well as Chief Elswick for their support and
camaraderie and stated it has been a pleasure to work for
Chesterfield County.
A standing ovation followed.
5.C. RECOGNIZING CAREER DETECTIVE RICHARD V. REESE, POLICE
DEPARTMENT, UPON HIS RETIREMENT
Lieutenant Colonel Bourque introduced Mr. Richard Reese who
was present to receive the resolution.
On motion of the Board, the following resolution was adopted:
~EREAS, Career Detective Richard V. Reese retired from
the Chesterfield County Police Department on July 1, 2004
after providing 26 years of quality service to the citizens
of Chesterfield County; and
~EREAS, Career Detective Reese faithfully served the
county in the capacity of Patrol Officer, Detective, Senior
Detective, Master Detective and Career Detective; and
B~EREAS, Career Detective Reese served as an .Auxiliary
Police Officer before being employed by the Chesterfield
County Police Department; and
WHEREAS, during his tenure, Career Detective Reese
served as a Field Training Officer and Field ID Technician;
and
~EREAS, Career Detective Reese served as a meraber of
the Special Response Unit, Marine Patrol and SWAT; and
~EREAS, Career Detective Reese received a Unit Citation
Award as a member of the Anti-Crime Unit (formerly known as
the AJlti-Crime Task Force) for the successful conclusion of
the investigation of a series of breaking and entering cases
committed by two individuals and also received a Commendation
Award. for his work while serving as a member of the Anti-
Crime Unit in the capture of suspects responsible for a
series of commercial robberies; and
~EREAS, Career Detective Reese and his fellow members
of the Anti-Crime Unit were recognized for their teamwork,
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07/28/04
rapid deployment, excellent display of covert surveillance
skills, and officer safety skills in the arrest of felony
murder suspects in the murder case of James Hoover; and
WHEREAS, Career Detective Reese has received numerous
letters of thanks and appreciation for service rendered from
the citizens of Chesterfield County; and
WHEREAS, Career Detective Reese 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 Career Detective Reese's diligent
service.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 28th day of July 2004,
publicly recognizes Career Detective Richard V. Reese, 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 Career Detective Reese, and that
this resolution be permanently recorded among the papers of
this Board of Supervisors of Chesterfield County.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
Mr. Miller presented the executed resolution and a Jefferson
Cup to Mr. Reese, accompanied by his wife and Lieutenant
Colonel Bourque, expressed appreciation for his dedicated
service, and congratulated him on his retirement.
Mr. Reese thanked his wife for her support and stated he will
miss his friends on the Police Department.
A standing ovation followed.
6. WORK SESSION
0 REGARDING PROPOSED GROWTH RELATED LEGISLATION FOR THE 2005
GENERAL ASSEMBLY
Mr. Micas presented the Board with options to deal with
growth that would require legislative changes. He stated the
first option for the Board's consideration is adoption of
impact fee authority which would allow the county to receive
100 percent of the cost of impact of all residentially zoned
lots using an impact calculation similar to the county's cash
proffer methodology. He noted that this was introduced at
the 2004 General Assembly and carried over.
It was the consensus of the Board that this option be
included in the county's 2005 legislative program.
Mr. Micas stated the next option for the Board's
consideration is adoption of a regional gas tax to fund local
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07/28/04
road projects. He noted a one-cent increase to the Richmond
region gas tax would generate approximately $1.8 ~million
annually for local roads.
Mr. Warren referenced a Chamber of Commerce .initiative
relative to a regional authority and stated he is cautious
about supporting a regional gas tax increase.
Mr. Miller and Mr. King stated they, too, have concerns
regarding an increase in the regional gas tax.
It was the consensus of the Board not to move forward with
this option.
Mr. Micas reviewed the next option for the Board's
consideration - authority for localities to adopt an adequate
public facilities act, which would stipulate that development
could not occur unless an adequate level of service in
various public facilities could be established. He noted
this type of legislation has been introduced in the General
Asse~)ly and has not met with success.
It was the consensus of the Board that the option for
providing authority for localities to adopt an adequate
public facilities act be included in the county's 2005
legislative program.
Mr. Micas stated another option for the Board's consideration
is granting the county authority to "ration" building permits
whenever growth exceeds a certain growth rate or in the
alternative give the county authority to place a numerical
cap on the number of new homes that can be built ,each year
after reaching a specified growth rate.
When asked, Mr. Micas stated the language could be crafted to
deal with "hot spots."
Mrs. Humphrey stated she believes the legislation needs to
appeal to more than just the county's legislative delegation.
She further stated the state of Florida has this tool and she
feels it is worth discussing with the legislators.
Mr. Warren stated he agrees with Mrs. Humphrey.
Mr. Miller stated he would support this option.
It was the consensus of the Board to include this option in
the county's 2005 legislative program.
Mr. Micas reviewed the next option for the Board's
consideration - eliminating current "substantial change in
neighborhood" test for down-zoning or residentially-zoned
property, if down-zoning is consistent with the comprehensive
plan. He noted this would expand the county's ability to
down-zone non-vested residentially-zoned property.
Mr. Warren stated he would support this option as a tool to
deal with growth, although he believes it would have
difficulties getting through the General Assembly.
Mrs. Humphrey stated she agrees with Mr. Warren.
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07/28/04
Mr. Miller stated he will support the option so long as the
legislation does not divest private property rights.
It was the consensus of the Board to include this option in
the county's 2005 legislative program.
Mr. Micas stated the next option for the Board's
consideration is restricting appeals to the Board of Zoning
Appeals of the Planning Director's decisions and providing
for appeals only to the circuit court.
Mr. Warren stated he believes the process would be less
democratic if appeals were heard by the circuit court rather
than by the Board of Zoning Appeals in public session.
He expressed concerns that backlogs in the circuit court
would put a tremendous burden on the appellant.
Mr. King stated he is not inclined to support this option.
It was generally agreed not to move forward with a
legislative request to restrict appeals to the Board of
Zoning Appeals of the Planning Director's decisions and
provide for appeals only to the circuit court.
Mr. Micas reviewed the next option for the Board's
consideration - permitting the Board of Supervisors to
appoint Board of Zoning Appeals members.
The Board unanimously supported the option to permit the
Board of Supervisors to appoint Board of Zoning Appeals
members.
Mr. Micas stated the next option for the Board's
consideration is increasing the current five-year rollback
period in the land use taxation program to ten years to
encourage continuation of agricultural uses.
Mrs. Humphrey stated she does not support this option.
Mr. Miller expressed concerns relative to circumstances
necessitating the elderly to sell their property, indicating
that he does not feel this option would be in the county's
best interest.
Mr. King stated he does not support this option.
It was generally agreed not to move forward with this item.
Mr. Micas then reviewed the last option for the Board's
consideration - requiring the Virginia Department of
Transportation (VDOT) to participate in local government
~loans" to accelerate road improvements and insuring that the
local government ~loan" would be repaid in future VDOT
allocations. He noted the Board already supported this
option at the June 25, 2004 work session and it will be
included in the county's 2005 General Assembly legislative
program.
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
approved the additions to the county's 2005 General Assembly
legislative program, as amended.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
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07/28/0&
7. DEFERP~ED 'rTEMS
0 STREETLIGHT INSTALLATION COST APPROVe?.
On motion of Mr. King, seconded by Mr. Warren the Board
deferred the following streetlight request in the Bermuda
District until March 9, 2005:
Arrowfield Road, in the vicinity of 2405
Cost to install streetlight: $2,303.70
(It is noted the design cost of $186.96 for the Arrowfield
Road streetlight will be paid out of the Bermuda District
Improvement Fund; the $2,303.70 quotation will expire; and
staff will obtain a new ~lotation for the streetlight prior
to the March 9, 2005 meeting.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Mrs. H'umphrey, seconded by Mr. Warren, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment/reappointment of members to serve on
the Youth Services Citizen Board and Disability Services
Board.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.A.1,, YOUTH SERVICES CITIZEN BOARD
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
simultaneously nominated/appointed/reappointed the following
student members to serve on the Youth Services Citizen Board,
whose terms are effective immediately and expire June 30,
2005:
Name District
Marcus Childress
Virginia Fuller
Toral Gandhi
Sara Adcock
Cari 5~eller
Devan Vaughan
Candace Rheinhart
Bryce Burton
Katy Greenly
Xuan Pham
Amanda. Seymour
Mary Conkright
Jennifer Barlow
Lauren Edwards
Katie Valentine
Bermuda
Clover Hill
Clover Hill
Clover Hill
Clover Hill
Matoaca
Matoaca
Matoaca
Dale
Dale
Dale
Midlothian
Midlothian
Midlothian
Midlothian
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07/28/04
And, further, the Board simultaneously nominated/appointed/
reappointed the following adult members to serve on the Youth
Services Citizen Board, whose terms are effective immediately
and expire June 30, 2007:
Name District
Diann DeLaPena
Jason Cannon
Lynne Foote
Sharon Cason-Card
Bermuda
Bermuda
Matoaca
Midlothian
And, further, the Board simultaneously nominated/appointed
Ms. Stephanie Tompkins, representing the Dale District, to
serve as an adult member on the Youth Services Citizen Board,
whose term is effective immediately and expires June 30,
2006. (It is noted Ms. Tompkins will fill the unexpired term
of Ms. Billie Tebbens.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.A.2. DISABILITY SERVICES BOARD
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
simultaneously nominated/appointed Ms. Laura L. Hunter,
representing the Clover Hill District, to serve on the
Disability Services Board, whose term is effective
immediately and expires December 31, 2005.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.B. STREETLIGHT INSTALLATION COST APPROVALS
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
approved the following streetlights:
Clover Hill District
In the Muirfield Green Subdivision
Intersection of Muirfield Green Drive and Nuttree Woods
Drive
Cost to install streetlight: $4,745.20
Dale District
Kingsland Road, vicinity of 3815
Cost to install streetlight: $106.67
Matoaca District
In the Bayhill Pointe Subdivision
Intersection of Battlecreek Drive and Erika Hill Drive
Cost to install streetlight: $1,624.27
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
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8 · C . CONSENT ITEMS
On motion of Mr. King, seconded by Mr. Warren, the Board
removed the following items from the Consent Agenda for
public comment: Item 8.C.l.e., Adoption of Resolution
Requesting Installation of a No Parking Sign in Monacan Hills
Subdivision; Item 8.C.8., Authorization to Adjust Existing
Cash Proffers in Previously Approved Zoning Cases by the
Marshall and Swift Building Cost Index; Item 8.C.11.e.,
Request to Aid Lanco Homes in the Acquisition of Offsite
Sewer and Temporary Construction Easements for Bendahl
Valley, Section A; Item 8.C.18.a.2., Transfer District
Improvement Funds from the Clover Hill District Improvement
Fund to the Chesterfield County Health Center Commission for
the Acquisition and Placement of Artwork; and Item 8.C.19.,
Initiation of a Zoning Application at Chesterfield Industrial
Park.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.1. ADOPTION OF RESOLUTIONS
8.C.1 .&.
RECOGNIZING MR. PHILLIP MITCHELL, PURCHASINO
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, Mr. Phillip D. Mitchell retired on June 30,
2004 after providing 31 years of dedicated and faithful
service to Chesterfield County; and
~fHEREAS, Mr. Mitchell began his tenure 'with the
Department of General Services on November 19, 1973 as a
Buyer who purchased goods, services, and construction for
Chesterfield County Government and Chesterfield County
Schools, and performed many other services and duties within
the Department of General Services including supervision of
the Sanitation Department and the Department of Buildings and
Grounds; and
?~EREAS, Mr. Mitchell was promoted to Assistant Director
of Purchasing in September 1978 after the Purchasing
Department became a separate department from the Department
of General Services in January 1978; and
~EREAS, through study, dedication, and both written and
oral examination, Mr. Mitchell received the prestigious honor
of being the 230th individual within the United. States,
Canada, and Great Britain to be awarded the Certified Public
Purchasing Officer (CPPO) designation by the National
Institute of Governmental Purchasing on October 29, 1980; and
~EREAS, Mr. Mitchell was instrumental in the
development and success of county's first automated financial
system known as the Purchasing Encumbrance and Accounts
Payable System (PEAP) which became operational in July 1978
and ~hich brought many efficiencies to the financial and
procurement operations of the county; and
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07/28/04
WHEREAS, Mr. Mitchell was again instrumental in the
development and success of the county's current automated
financial system which became operational on July 1, 1989;
and
WHEREAS, Mr. Mitchell was recognized for his excellent
performance and customer service skills within the Purchasing
Department by being nominated as the department's Employee of
the Year in 1978 and again in 1995; and
WHEREAS, Mr. Mitchell served successfully on many teams
and special projects during his tenure with the county which
along with his many decisions and actions both as a team
member and individual was instrumental and was a contributing
factor for the excellence which made it possible for the
Purchasing Department on October 25, 1999 to be the eight
public procurement entity within the United States, Canada,
Ireland, and England and the first locality or state agency
in Virginia to receive national accreditation for purchasing
excellence by the National Institute of Governmental
Purchasing; and
WHEREAS, Mr. Mitchell has faithfully and effectively
discharged his duties in each and every capacity with
proficiency, dedication, and an unwavering commitment to
provide excellent customer service to the many customers
which the Purchasing Department serves in both county and
school operations; and
WHEREAS, Mr. Mitchell displayed a commitment to duty
along with an unwavering commitment to the highest ethical
and moral standards while continually seeking to obtain the
best value for the taxpayers of Chesterfield County; and
WHEREAS, Mr. Mitchell is the first employee to retire
from the Purchasing Department; and
WHEREAS, Mr. Mitchell will be tremendously missed for
the quality and caliber of his commitment and performance in
the Purchasing Department and to its many customers.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 28th day of July 2004,
recognizes Mr. Phillip D. Mitchell and extends its
appreciation for his 31 years of dedicated service to the
county, congratulations upon his retirement, and best wishes
for a long and happy retirement.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.l.b. RECOGNIZING AUGUST 3, 2004, AS ~NATIONAL NIGHT OUT"
IN CHESTERFIELD COUNTY
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, each year in August, communities across the
nation band together to demonstrate their unity in the fight
against crime; and
WHEREAS, this show of solidarity by law-abiding citizens
has been named ~National Night Out"; and
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07/28/04
WHEREAS, the National Night Out event taking place on
August 3, 2004 will be the 21st annual event of this t~e; and
WHEREAS, last year's National Night Out campaign
involved citizens, law enforcement agencies, civic groups,
businesses, neighborhood organizations and local officials
from 10,000 communities in 50 states, U.S. territories,
Canadian cities and military bases worldwide; and
WHEREAS, National Night Out is designed to heighten
crime and drug prevention awareness; and
WHEREAS, this event also generates support for,
participation in, local anti-crime programs; and
and
WHEREAS, National Night Out strengthens neighborhood
spirit and the relationships between police and the
communities; and
WHEREAS, these events send a message to criminals that
the communities are organized and fighting back against
crime; and
WHEREAS, Chesterfield County has as one of its strategic
goals: ~To be the safest and most secure community compared
to similar jurisdictions"; and
WHEREAS, National Night Out is an important component in
the effort to achieve that goal.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby recognizes August 3, 2004,
as "National Night Out" in Chesterfield County, Virginia;
thanks police, neighborhood watch groups and all others who
have joined to prevent crime; and urges all residents and
businesses in Chesterfield County to turn on their porch
lights and other exterior lights and to gather with friends
and neighbors on ~gust 3, 2004 to demonstrate their unity in
the fight against crime.
Ayes:: Miller, Humphrey, King and Warren.
Nays:: None.
Absent: Barber.
8.C.l.c. RECO~NIZIN~ AUGUST 1-7, 200~, AS "INTERNATIONAL
CLOWN WEEK"
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, clowns have long been known as ambassadors of
joy and goodwill; and
WHEREAS, President Richard M. Nixon issued a
proclamation establishing National Clown Week in August 1971;
and
WHEREAS, the resolution recognized that clowns bring
happiness to children and adults around the world; and
04,-621
07/28/06
WHEREAS, Virginia Alley 3 is a volunteer organization
that performs throughout the Greater Richmond area and
surrounding counties, brightening the lives of all who are
touched by these clowns' gifts of fantasy; and
WHEREAS, in a world where daily headlines and newscasts
can bring news of events around the world that are filled
with sadness and tragedy, humor and the lighter side of life
are valuable commodities; and
WHEREAS, in recognition of the efforts of all clowns to
spread their joy and bring laughter, ~International Clown
Week" has been proclaimed for the week of August 1-7, 2004.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 28th day of July 2004,
recognizes the important role that clowns play in bringing
smiles, hope and joy to millions of people all across the
globe, including here in Virginia, and wishes all Virginia
Alley 3 members, and clowns everywhere, continued merriment,
and thanks them for the important role they play in society.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.l.d. RECOGNIZING LIEUTENANT RALPH E. BARTLEY, POLICE
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, Lieutenant Ralph E. Bartley retired from the
Chesterfield County Police Department on July 1, 2004, after
providing 30 years of quality service to the citizens of
Chesterfield County; and
WHEREAS, Lieutenant Bartley faithfully served the county
in the capacity of Dispatcher, Patrol Officer, Investigator,
Sergeant, and Lieutenant; and
WHEREAS, during his tenure as Sergeant, Lieutenant
Bartley served as one of three sergeants designated to
manage/supervise large scale search and rescue operations;
and
WHEREAS, in February 1998, Lieutenant Bartley was
appointed to coordinate a program for department ground
search and rescue managers for lost or missing children,
Alzheimer's and mentally challenged persons; and
WHEREAS, Lieutenant Bartley co-authored the Domestic
Violence Policy and was a member of the Domestic Violence
Task Force from 1988 through 1991; and
WHEREAS, Lieutenant Bartley was one of the first members
trained as a breathalyzer operator, working in conjunction
with the Virginia Alcohol Safety Action Program; and
WHEREAS, Lieutenant Bartley developed the original
concept of the Special Response Unit and co-authored the
training manual and also served as Commander of the Unit; and
04-622
07/28/04
WHEREAS, Lieutenant Bartley served as a member of the
Central Virginia Fugitive Task Force from November 1993 to
October 1996; chairman of Police Accident Review Board from
November 1997 through September 1999; and chairman of the
Chesterfield County Joint Accident Review Board from October
1998 through October 1999; and
WHEREAS, Lieutenant Bartley received a Certificate of
Achievement for his dedication to duty while serving as a
member of the Accreditation Team, which was instrumental in
the Police Department becoming fully accredited; and
WHEREAS, Lieutenant Bartley served as the liaison
between the Police Department and the courts, Commonwealth's
Attorney and Magistrate's Office; and
WHEREAS, Lieutenant Bartley was a 1999 graduate of TQI
University; and
WHEREAS, Lieutenant Bartley served as a member of the
Chaplains Committee, responsible for managing the training
program relevant to their position with the Police Department
and has been a member of the Central Virginia Crime Clinic #2
since 1996; and
WHEREAS, Lieutenant Bartley is a charter member of Lodge
#47 Fraternal Order of Police; and
WHEREAS, Lieutenant Bartley has received numerous
letters of thanks and appreciation for service rendered from
the citizens of Chesterfield County and has provided the
Chesterfield County Police Department with many years of
loyal and dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Lieutenant Bartley's diligent service.
NOW, THEREFORiE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes Lieutenant Ralph E.
Bartley, and extends on behalf of its members and the
citizens of Chesterfield County appreciation for his service
to the county, congratulations upon his retirement, and best
wishes for a long and happy retirement.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.2. APPROVAL OF A SUPPLEMENTAL AGREEMENT TO THE EXISTIN~
DESIGN CONTRACT WITH THE DESIGN COLLABORATIVE FOR THE
MEADOWDALE LIBRARY EXPANSION
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
authorized the County Administrator to execute a Supplemental
Agreement, in the amount of $507,430, with The Design
Collaborative for the design of the Meadowdale Library
Expansion.
Ayes: Miller, Hun~hrey, King and Warren.
Nays: None.
Absent: Barber.
0~-623
07/28/04
8.C.3. APPROVAL OF FY2005 CHESTERFIELD COMMUNITY SERVICES
BOARD PERFORMANCE CONTRACT
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
approved the FY2005 performance contract between the
Chesterfield Community Services Board and the Virginia
Department of Mental Health, Mental Retardation, and
Substance Abuse Services.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.4. STATE ROAD ACCEPTANCE
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
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.
Twe Chanae to the Secondary System of State HiRhways: Addition
Basis for Change:
Statutory Reference:
Project:
From:
To:
Addition, New subdivision street
§33.1-229
Ashley Forest, Sec. C, a portion of
Black Gum Terrace, State Route Number: 5750
Wellspring Rd., (Rt. 5749)
Cul-de-sac, a distance of: 0.19 miles.
Right-of-way record was filed on 6/4/2002 with the Office Of Clerk To Circuit Court in Pb. 126; Pg. 76, with
a width of 40 Ft.
· Poplar View Place, State Route Number: 5749
From: Wellspring Rd., (Rt. 5749)
04-624
07/28/04
To: Cul-de-sac, a distance of: 0.08 miles.
Right-of-way record was filed on 6/4/;!002 with the Office Of Clerk To Circuit Court in Pb. 126; Pg. 76, with
a width of 40 Ft.
· Wellspring Road, State Route Number: 4599
From: 0.03 Mi. E of Dogwood Ridge Ct, (Rt. 4556)
To: Poplar View PI., (Rt. 5749), a distance of: 0.31 miles.
Right-of-way record was filed on 9/4/1996 with the Office Of Clerk To Circuit Court in Db. 2924; Pg. 533,
with a width of 90 Ft.
· Wellspring Road, State Route Number: 4599
From: Poplar View PI., (Rt. 5749)
To: Black Gum Tr., (iRt. 5750), a distance of: 0.10 miles.
Right-of-way record was filed on 9/4/1996 with the Office Of Clerk To Circuit Court in Db. 2924; Pg. 533,
with a width of 90 Ft.
· Wellspring Road, State Route Number: 4599
From: Black Gum Tr., (Rt. 5750)
To: 0.05 Mi. E of Black Gum Tr., (Rt.. 5750), a distance of: 0.05 miles.
Right-of-way record was filed on 9/4/1996 with the Office Of Clerk To Circuit Court in Db. 2924; Pg.533,
with a wklth of 90 Ft.
· Wellspring Road, State Route Number: 4599
From: 0.05 Mi. E of Black Gum Tr., (Rt. 5750)
To: Happy Hill Rd., (Rt. 619), a distance of: 0.09 miles.
Right-of-way record was filed on 9/4/1996 with the Office Of Clerk To Circuit Courts in Db.2924; Pg. 533, with
a width ot 66 Ft.
And, further, the
WHEREAS, the
recorded in the
Chesterfield County';
Board adopted the following resolution:
streets described below are shown on plats
Clerk's Office of the Circuit Court of
and
WHEREAS, the Resident
Department of Transportation
streets meet the requirements
Street Requirements of
Transportation.
Engineer for the Virginia
has advised this Board the
established by the Subdivision
the Virginia Department of
NOW, THEREFORE:, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to 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.
04-625
07/28/04
Basis for Change:
Statutory Reference:
Project:
Type Change to the Secondary System of State HiQhwavs:
Addition, New subdivision street
§33.1-229
Ivyridge, Section A
Ivyridge Court, State Route Number: 5348
From: ivyridge Dr., (Rt. 5319)
To: Cul-de-sac, a distance of: 0.04 miles.
Addition
Right-of-way record was filed on 4/17/2000 with the Office Of Clerk To Cimuit Court in Pb. 110; Pg. 49,
with a width of 40 Ft.
· Ivyrldge Drive, State Route Number: 5319
From: Petersburg St., (Rt. 1522)
To: Ivyridge Ct., (Rt. 5348), a distance of: 0.11 miles.
Right-of-way record was filed on 4/17/2000 with the Office Of CLerk To Circuit Court in Pb. 110; Pg. 49,
with a width of 50 Ft.
· Ivyridge Drive, State Route Number: 5319
From: Ivyridge Ct., (Rt. 5348)
To: Ivyridge Tn., (Rt. 5349), a distance of: 0.06 miles.
Right-of-way record was filed on 4/17/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 49,
with a width of 50 Ft.
· Ivyridge Drive, State Route Number: 5319
From: Ivyridge Tn., (Rt. 5349)
To: 0.02 Mi. NE of Ivyridge Tn., (Rt. 5349), a distance of: 0.02 miles.
Right-of-way record was filed on 4/17/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 49,
with a width of 50 Ft.
· Ivyridge Turn, State Route Number: 5349
From: Ivyridge Dr., (Rt. 5319)
To: Cul-de-sac, a distance of: 0.02 miles.
Right-of-way record was filed on 4/17/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 49,
with a width of 40 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown
recorded in the Clerk's Office of the Circuit
Chesterfield County; and
WHEREAS, the Resident
Department of Transportation
streets meet the requirements
Street Requirements of
Transportation.
Engineer for
has advised
established by
the Virginia
IT RESOLVED, that
of Transportation
secondary system
NOW, THEREFORE, BE
the Virginia Department
described below to the
on plats
Court of
the Virginia
this Board the
the Subdivision
Department of
this Board requests
to add the streets
of state highways,
0~-626
07/28/04
pursuant to Section 33.1-229, Code of Virginia,.
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.
Type Chan.qe to the Secondary System of State HI.qhways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Littlebury, Section 1
· Littlebury Court, State Route Number: 5753
From: Littlebury Dr., (Rt 5752)
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 10/31/2003 with the Office Of Clerk To Cimuit Court in Pb. 138; Pg. 70,
with a width of 50 Ft.
· Littlebury Drive, State Route Number: 5752
From: Longmeadow Cr., (Rt. 5131 )
To: Prindell Ct., (Rt. 5754), a distance of: 0.06 miles.
Right-of-way record was filed on 10/31/2003 with the Office Of Clerk To Cimuit Court in Pb. 138; Pg. 70,
with a width of 50 Ft.
· Llttlebury Drive, State Route Number: 5752
From: Prindell Ct., (Rt. 5754)
To: Littlebury Ct., (Rt. 5753), a distance of: 0.04 miles.
Right-of-way record was filed on 10/31/2003 with the Office Of Clerk To Cimuit Court in Pb. 138; Pg. 70,
with a width of 50 Ft.
· Llttlebury Drive, State Route Number: 5752
From: Littlebury Ct., (Rt. 5753)
To: Quixton Ln., (Rt. 5755), a distance of: 0.06 miles.
Right-of-way record was filed on 10/31/2003 with the Office Of Clerk To Cimuit Court in Pb. 138; Pg. 70,
with a wid;h of 50 Ft.
· Littlebury Drive, State Route Number: 5752
From: Quixton Ln., (Rt. 5755)
To: 0.02 Mi. E of Ouixton Ln., (Rt. 5755), a distance of: 0.02 miles.
Right-of-way record was filed on 10/31/2003 with the Office Of Clerk To Cimuit Court in Pb. 138; Pg. 70,
with a widi:h of 50 Ft.
· Longmeadow Circle, State Route Number: 5131
From: Somersby Ln., (Rt 5132)
To: Littlebury Dr., (Rt. 5752), a distance of: 0.25 miles.
Right-of-way record was filed on 10/31/2003 with the Office Of Clerk To Circuit Court in Pb. 138; Pg. 70,
with a width of 60 Ft.
and the
this Board guarantees
as described, and any
drainage.
copy of
for the
04,-627
07/28/04
· Longmeadow Circle, State Route Number: 5131
From: Littlebury Dr., (Rt. 5752)
To: 0.01 Mi. N of Littlebury Dr., (Rt. 5752), a distance of: 0.01 miles.
Right-of-way record was filed on 10/31/2003 with the Office Of Clerk To Cimuit Court in Pb. 138; Pg. 70,
with a width of 60 Ft.
· Prindell Court, State Route Number: 5754
From: Littlebury Dr., (Rt. 5752)
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was flied on 10/31/2003 with the Office Of Clerk To Cimuit Court in Pb. 138; Pg. 70,
with a width of 50 Ft.
· Quixton Lane, State Route Number: 5755
From: Littlebury Dr., (Rt. 5752)
To: 0.03 Mi. N of Littlebury Dr., (Rt. 5752), a distance of: 0.03 miles.
Right-of-way record was filed on 10/31/2003 with the Office Of Clerk To Cimuit Court in Pb. 138; Pg. 70,
with a width of 50 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to 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<]hwavs: Addition
Basis for Change:
Statutory Reference:
Project:
From:
To:
Addition, New subdivision street
§33.1-229
Oxley
Longmeadow Circle, State Route Number: 5131
Exhall Dr., (Rt. 4697)
Oxley Dr., (Rt. 5756), a distance of: 0.13 miles.
Right-of-way record was filed on 8/13/2003 with the Office of Clerk To Circuit Court in Pb. 135; Pg. 99,
04-628
07/28/04
with a width of 50 Ft.
·
From:
To:
Longmeadow Circle, State Route Number: 5131
Oxley Dr., (Rt. 5756)
0.02 Mi. N of Oxley Dr., (Rt. 5756), a distance of.' 0.02 miles.
Right-of-way record was filed on 8/13/2003 with the Office Of Clerk To Circuit Court in Pb. 135; Pg. 99,
with a widl:h of 50 Ft.
Oxley Court, State Route Number: 5757
From:
To:
Oxley Dr., (Rt. 5756)
Cul-de-sac, a distance of: 0.05 miles.
Right-of-way record was filed on 8/13/2003 with the Office Of Clerk To Circuit Court in Pb. 135; Pg. 99,
with a width of 50 Ft.
Oxley Court, State Route Number: 5757
From:
To:
Oxley Dr., (Rt. 5756)
Cul-de-sac, a distance of: 0.09 miles.
Right-of-way record was filed on 8/13/2003 with the Office Of Clerk To Circuit Court in Pb. 135; Pg. 99,
with a width of 50 Ft.
Oxley Drive, State Route Number: 5756
From:
To:
Longmeadow Ct., (Rt. 5131)
Oxley Ct., (Rt. 5757), a distance of: 0.08 miles.
Right-of-way record was filed on 8/13/20.03 with the Office Of Clerk To Circuit Court in Pb. 135; Pg. 99,
with a width of 50 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
~ND, 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.
~ND, 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 Cltange: Addition, New subdivision street
0&-629
07/28/04
Statutory Reference:
Project:
From:
To:
§33.1-229
Kings Farm at Riverdowns
Pond Chase Drive, State Route Number: 5742
Cotesworth Wy., (Rt. 5741)
Cul-de-sac, a distance of: 0.10 miles.
Right-of-way record was filed on 10/10/2001 with the Office Of Clerk To Circuit Court in Pb.121; Pg. 8,
with a width of 40 Ft.
· Pond Chase Drive, State Route Number: 5742
From: Cotesworth Wy., (Rt. 5741)
To: 0.01 Mi. S of Cotesworth Wy., (Rt. 5741), a distance of: 0.01 miles.
Right-of-way record was filed on 10/10/2001 with the Office Of Clerk To Circuit Court in Pb.121; Pg. 8,
with a width of 40 Ft.
· Cotesworth Way, State Route Number: 5741
From: Kings Farm Dr., (Rt. 5739)
To: Pond Chase Dr., (Rt. 5742), a distance of: 0.11 miles.
Right-of-way record was filed on 10/10/2001 with the Office Of Clerk To Circuit Court in Pb.121; Pg. 8,
with a width of 50 Ft.
· Kings Farm Court, State Route Number: 5740
From: Kings Farm Dr., (Rt. 5739)
To: Cul-de-sac, a distance of: 0.12 miles.
Right-of-way record was filed on 10/10/2001 with the Office Of Clerk To Circuit Court in Pb.121; Pg. 8,
with a width of 50 Ft.
· Kings Farm Drive, State Route Number: 5739
From: Robious Rd., (Rt. 711)
To: Cotesworth Wy., (Rt. 5741), a distance of: 0.22 miles.
Right-of-way record was filed on 10/10/2001 with the Office Of Clerk To Circuit Court in Pb.121; Pg. 8,
with a width of 50 Ft.
· Kings Farm Drive, State Route Number: 5739
From: Cotesworth Wy., (Rt. 5741)
To: Kings Farm Ct., (Rt. 5740), a distance of: 0.07 miles.
Right-of-way record was filed on 10/10/2001 with the Office Of Clerk To Circuit Court in Pb.121; Pg. 8,
with a width of 40 Ft.
· Kings Farm Drive, State Route Number: 5739
From: Kings Farm Ct., (Rt. 5740)
To: Riverdowns South Dr., (Rt. 5744), a distance of: 0.13 miles.
Right-of-way record was flied on 10/10/2001 with the Office Of Clerk To Circuit Court in Pb. 121; Pg. 8,
with a width of 40 Ft.
· Kings Farm Drive, State Route Number: 5739
From: Riverdowns South Dr., (Rt. 5744)
To: 0.01 Mi. S of Riverdowns South Dr., (Rt. 5744), a distance of: 0.01 miles.
Right-of-way record was filed on 10/10/2001 with the Office Of Clerk To Circuit Court in Pb.121; Pg. 8,
04-630
07/28/06
with a width of 40 Ft.
· Pond Chase Place, State Route Number: 5743
From: Pond Chase Dr., (Rt. 5742)
To: Cul-de-sac, a distance of.' 0.05 miles.
Right-of-way record was filed on 10/10/2001 with the Office Of Clerk To Circuit Court in Pb.121; Pg. 8,
with a width of 40 Ft.
Rlverdowns South Drive, State Route Number: 5744
Kings Farm Dr., (Rt. 5739)
Robious Rd., (Rt. 711), a distance of: 0.32 miles.
Right-of-way record was filed on 10/10/2001 with the Office Of Clerk To Circuit Court in Pb.121; Pg. 8,
·
From:
To:
with a width of 50 Ft.
And, further, the Board adopted the following
WHEREAS, the streets described below are shown
recorded in the Clerk's Office of the Circuit
Chesterfield County; and
WHEREAS, the Resident Engineer for
Depar~zment of Transportat:Lon has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
resolution:
on plats
Court of
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.
~ND, 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.
Type Chan!:le to the Secondary System of State Highways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Lenox Forest at Rlverdowns, Section 2
· Forest Creek Drive, State Route Number: 5736
From: 0.04 Mi. E of Lenox Forest Dr., (Rt. 5733)
To: Riverdowns North Dr., (Rt. 5745), a distance of: 0.07 miles.
Right-of-way record was filed on 2/7/2003 with the Office Of Clerk To Circuit Court in Pb. 132; Pg. 3, with
a width of 40 Ft.
Planters Walk Court, State Route Number: 5748
Planters Walk Dr., (Rt. 5734)
Cul-de-sac, a distance of: 0.05 miles.
Right-of-way record was filed on 2/7/2003 with the Office Of Clerk To Circuit Court in Pb. 132; Pg. 3, with
·
From:
To:
this Board guarantees
as described, and any
drainage.
copy of
for the
04-631
07/28/0~
a width of 40 Ft.
· Planters Walk Drive, State Route Number: 5734
From: 0.08 Mi. E of Lenox Forest Dr., (Rt. 5733)
To: Planters Walk Ct., (Rt. 5748), a distance of: 0.04 miles.
Right-of-way record was filed on 2/7/2003 with the Office Of Clerk To Circuit Court in Pb. 132; Pg. 3, with
a width of 40 Ft.
· Planters Walk Drive, State Route Number: 5734
From: Planters Walk Ct., (Rt. 5748)
To: Cul-de-sac, a distance of: 0.05 miles.
Right-of-way record was filed on 2/7/2003 with the Office Of Clerk To Circuit Court in Pb. 132; Pg. 3, with
a width of 40 Ft.
· Riverdowns North Court, State Route Number: 5746
From: Riverdowns North Dr., (Rt. 5745)
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 2/7/2003 with the Office Of Clerk To Circuit Court in Pb. 132; Pg. 3, with
a width of 40 Ft.
· Riverdowns North Drive, State Route Number: 5745
From: Forest Creek Dr., (Rt. 5736)
To: Riverdowns North Mw., (Rt. 5747), a distance of: 0.11 miles.
Right-of-way record was filed on 2/7/2003 with the Office Of Clerk To Circuit Court in Pb. 132; Pg. 3, with
a width of 54 Ft.
· Riverdowns North Drive, State Route Number: 5745
From: Riverdowns North Mw., (Rt. 5747)
To.' Riverdowns North Ct., (Rt. 5746), a distance of: 0.15 miles.
Right-of-way record was filed on 2/7/2003 with the Office Of Clerk To Circuit Court in Pb. 132; Pg. 3, with
a width of 54 Ft.
· Riverdowns North Drive, State Route Number: 5745
From: Robious Rd., (Rt. 711)
To: Riverdowns North Ct., (Rt. 5746), a distance of: 0.11 miles.
Right-of-way record was filed on 2/7/2003 with the Office Of Clerk To Circuit Court in Pb. 132; Pg. 3, with
a w~dth of Variable
· Riverdowns North Mews, State Route Number: 5747
From: Riverdowns North Dr., (Rt. 5745)
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 2/7/2003 with the Office Of Clerk To Circuit Court in Pb. 132; Pg. 3, with
a width of 40 Ft.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
04-632
07/28/06
8.C.5.
TRANSFER OF FUNDS FROM THE RESERVE FOR CAPITAL
PROJECTS AND FROM AN EXISTING CAPITAL PROJECT BUDGET
TO FINANCE PRE-DEVELOPMENT STUDIES FOR CLOVERLEAF
MALL
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
transferred $65,000 from the Reserve for Capital Projects and
$20,000 from an existing capital project budget to finance
pre-development studies for Cloverleaf Mall.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.6. ACCEPTANCE OF GRANT AND APPROPRIATION OF FUNDS FOR
THE COMMUNITY SERVICES BOARD TO SUPPORT PREVENTION
ACTIVITIES FOR PARENTS AND THEIR CHILDREN
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
accepted and appropriated $58,731 for a Strengthening
Families Initiative grant awarded by the State Department of
Mental Health, Mental Retardation, and Substance At)use. (It
is noted no local cash match is required.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.7. CREATION OF TWO SENIOR ENGINEER POSITIONS,
APPROPRIATION OF FUNDS IN ADDITIONAL REVENUE, AND SET
A PUBLIC HEARING ON A PROPOSED ORDINANCE AMENDMENT
RELATING TO DEPARTMENT OF ENVIRONMENTAL ENGINEERING
FEE CHANGE
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
approved the creation of two senior engineer positions,
appropriated $74,000 in additional plans review revenue, and
set the date of August 25, 2004 at 7:00 p.m. for a public
hearing to consider an ordinance amendment relating an
Environmental Engineering fee change.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.9. SET A PUBLIC HEARING TO CONSIDER THE APPROPRIATION OF
FUNDS IN FEDERAL TITLE IV-E REVENUE MAXIMIZATION
FUNDS
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
set the date of August 25, 2004 at 7:00 p.m. for a public
hearing to consider the appropriation of Federal Title IV-E
revenue maximization funds.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
04-633
07/28/04
8.C.10. C~NGES IN THE SECONDARY SYSTEM OF STATE HIGHWAYS,
~NSLEY ROAD AND SPRINGFORD PARKWAY
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
adopted the following resolution for changes in the Secondary
System of State Highways:
WHEREAS, a sketch has been prepared for the Board of
Supervisors which depicts an abandonment required in the
secondary system of state highways as a result of the
relocation of a portion of Hensley Road, State Route 659,
which sketch is incorporated herein by reference; and
WHEREAS, the portion of Hensley Road, State Route 659,
identified to be abandoned no longer serves a public need;
and
WHEREAS, a portion of Hensley Road has been relocated
and serves the same citizens as the portion of Hensley Road,
State Route 659, identified to be abandoned.
NOW THEREFORE, BE IT RESOLVED, that the Board of
Supervisors hereby orders the portion of road identified as
segment C-D, Hensley Road, State Route 659, a distance of
0.24 miles, Hensley Road, State Route 659, as shown on the
incorporated sketch abandoned as part of the secondary system
of state highways, pursuant to §33.1-155, Code of Virginia.
AND, BE IT FURTHER RESOLVED, that the Board of
Supervisors does hereby request that the Commonwealth
Transportation Commissioner certify, in writing, that the
portion of Hensley Road hereby abandoned is no longer deemed
necessary for uses of the secondary system of state highways
pursuant to §33.1-154 of the Code of Virginia, 1950, as
amended.
Ty~e Change to the Secondary System of State Highwayss
Abandonment
Basis for Changes
(Project related)
Statutory References
Projects Hensley Road
Deduction, Abandonment, §33.1-155
§33.1-155
· Hensley Road, State Route Number: 659
· Description:
Prom: 1.02 Miles North of Beach Road, (Rt. 655)
To: 1.54 Miles South of Spring Run Road, (Rt.
654), a distance of 0.24 miles.
AND WHEREAS, the streets described below are shown on
plats recorded in the Clerk's Office, Circuit Court,
Chesterfield County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised the Board of
Supervisors that these streets meet the requirements
04-634
07/28/04
established by the Subdivision Street Requirements of the
Virginia Department of Transportation.
NOW THEREFORE, BE IT RESOLVED, that the Board of
Supervisors requests the Virginia Department of
Transportation to add the streets described below to the
secondary system of state highways, pursuant to §133.1-229,
Code of Virginia, and the Department's Subdivision Street
Requirements.
kND, BE IT FURTHER RESOLVED, that the Board of
Supervisors guarantees a clear and unrestricted right-of-way,
as described, and any necessary easements for cuts, fills and
drainage.
IUD, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
TyDe Chan~e to the Secondary System of State
Addition
Basis for Chan~e: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: SDrin~ford Parkway
S~rin~ford Parkway, State Route Nttmber: 5250
Description:
From:
0.01 Miles East of Summerford Drive, (Rt. 5255)
To:
0.65 Miles East of Summerford Drive, (Rt. 5255),
a distance of 0.64 miles.
Right-of-way was recorded October 3, 2001 in the Clerk's
Office, Circuit Court in Deed Book 4249, Page 365, with a
variable width; and, on January 16, 1991 in Plat Book 74,
Pages 10-15, with a width of 90 feet.
Description:
From:
0.65 Miles East of Summerford Drive, (Rt.
5255)
To:
0.80 Miles East of Summerford Drive, (Rt.
5255), a distance of 0.15 miles.
Right-of-way was recorded October 3, 2001 in the Clerk's
Office, Circuit Court in Deed Book 4249, Page 365, with a
variable width; on July 15, 2003 in Deed Book 5222, Page 398,
with a variable width; on March 7, 2001 in Deed Book 4019,
Page 469, with a variable width; and, on August 9, 1994 in
Plat Book 85, Pages 18-21, with a variable width.
Project: Hensley Road
~ensley Road, State Route Number: 659
Description:
04-635
07/28/0A
From:
To:
1.02 Miles North of Beach Road, (Rt. 655)
1.13 Miles North of Beach Road, (Rt. 655), a
distance of 0.11 miles
Right-of-way was recorded March 7, 2001 in the Clerk's
Office, Circuit Court in Deed Book 4019, Page 469, with a
variable width; on October 3, 2001 in Deed Book 4249, Page
365, with a variable width; on June 2, 1994 in Deed Book
2539, Page 253, with a width of 30'; on July 15, 2003 in Deed
Book 5222, Page 398, with a variable width; and, on August 9,
1994 in Plat Book 85, Pages 18-21, with a width of 30 feet.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.11. ACCEPTANCE OF PARCELS OF LAND
8.C.11.a. FOR THE EXTENSION OF WALMART WAY
8.C.11.a.1. FROM THE TRUSTEE FOR SAM'S REAL ESTATE BUSINESS
TRUST
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 0.497
acres for the extension of Walmart Way from the Trustee for
Sam's Real Estate Business Trust, 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, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.11.a.2.
FROM WESLEY C. STIGALL, JR. AND JEANNE L.
STIGALL
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
accepted the conveyance of two parcels of land containing a
total of 0.500 acres for the extension of Walmart Way from
Wesley C. Stigall, Jr. and Jeanne L. Stigall, and authorized
the County Administrator to execute the deed. (It is noted
copies of the plats are filed with the papers of this Board.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.11.a.3. FROM WESLEY C. STI~ALL, JR.
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 0.200
acres for the extension of Walmart Way from Wesley C.
Stigall, Jr., 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, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
04-636
07/28/04
8.C.11.a.4. FROM VIROINIA ELECTRIC AND POWER COMPANY
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
accepted the conveyance of two parcels of land containing a
total of 0.910 acres for the extension of Walmart Way from
Virginia Electric and Power Company, and authorized the
County Administrator to execute the deed. (It is noted
copies of the plats are filed with the papers of this Board.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.11.a.5.
FROM THE TRUSTEE FOR WAL-MART REAL ESTATE
BUSINESS TRUST
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 0.089
acres for the extension of Walmart Way from the Trustee for
Wal-Mart Real Estate Business Trust, 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, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.1~.a.6. FROM CONREAL, LLC
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
accepted the conveyance of two parcels of land containing a
total of 0.242 acres for the extension of Walmart Way from
Conreal, LLC, and authorized the County Administrator to
execute the deed. (It is noted copies of the plats are filed
with the papers of this Board.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.1~.b. ALONO THE WEST RIGHT OF WAY LINE OF WINTERFIELD
ROAD FROM ATACK PROPERTIES, INCORPORATED
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
acceptzed the conveyance of a parcel of land containing 0.177
acres along the west right of way line of Winterfield Road
(State Route 714) from Atack Properties, Incorporated, and
authorized the County Administrator to execute the deed[. (It
is noted a copy of the plat is filed with the paper's of this
Board.)
Ayes: Miller, Hu~)hrey, King and Warren.
Nays: None.
Absent: Barber.
04-637
07/28/04
8.C.11.c. FOR BATTERY DANTZLER ROAD AND BATTERY DANTZLER
COURT FROM BERMUDA TRIANGLE PROPERTY, LP
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
accepted the conveyance of parcels of land containing a total
of 2.341 acres for Battery Dantzler Road and Battery Dantzler
Court from Bermuda Triangle Property, LP, and authorized the
County Administrator to execute the deed. (It is noted
copies of the plats are filed with the papers of this Board.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.11.d. FOR OAKLAKE CREST WAY FROM WILLIAM B. AND GENE H.
DUVAL
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 0.362
acres for Oaklake Crest Way from William B. and Gene H.
DuVal, subject to the posting of a performance bond for
Oaklake Crest Way, 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, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.11.f. FOR THE EXTENSION OF BATTERY DANTZLER ROAD FROM
ARCHIE L. LYNCH
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 0.043
acres for the extension of Battery Dantzler Road (State Route
975) from Archie L. Lynch, 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, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.12. APPROVAL OF UTILITY CONTRACTS
8.C.12.a. FOR COUNTRYSIDE CHRISTIAN CHURCH
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
approved the following utility contract for Countryside
Christian Church, Contract Number 04-0044, which includes an
offsite extension of 770 L.F. + of 12-inch water lines and an
off-site extension of 485 L.F. + of eight-inch wastewater
lines:
Developer: Countryside Christian Church
Contractor: Lyttle Utilities Inc.
Contract Amount:
Estimated County Cost for Offsite (Water). $4,939.00
Estimated Developer Cost (Water) ...... $229,591.00
Estimated Total (Water) ........... $234,530.00
04-638
07/28/04
Estimated County Cost for Offsite
(Wastewater) ................
Estimated Developer Cost (Wastewater) ....
Estimated Total (Wastewater) ........
$2,014.65
$54,883.35
$56,898.00
Code:
Refunds thru Connections - Offsite
(Water)
Refunds thru Connections - Offsite
(Wastewater)
5B-572VO-E4D
5N-572VO-E4D
District:
Clover Hill
(It is noted a copy of the vicinity sketch is filed with the
papers of this Board.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.12.b. FOR FOXFIELD SUBDIVISION
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
approved the following utility contract for Foxfield
Subdivision, Contract Number 01-0317, which includes an
offside extension of 2,108 L.F. + of 16-inch oversized, water
lines and 1,556 L.F.. + of offsite water lines:
Developer: Dart LLC
Contractor: Lyttle Utilities Inc.
Contract Amount:
]Estimated County Cost for Oversizing .... $38,858.00
Estimated County Cost for Offsite ...... $25,531.00
]Estimated Developer Cost .......... $403,270.40
]Estimated Total ............... $467,659.40
Code:
Refunds thru Connections - Oversizing
Refunds thru Connections- Offsite
5B-572VO-E4C
5B-572VO-E4D
District: Matoaca
(It is noted a copy of the vicinity sketch is filed, with the
papers of this Board.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.13. REQUESTS FOR PERMISSION
8.C.13.a. FROM ~RANT AND EBONY TURNER FOR AN EXISTIN~ DECK
TO ENCROACH WITHIN A SIXTEEN-FOOT SEWER EASEMENT
ACROSS LOT 6, CLOVERHILL ESTATES
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
approved a request from Grant and Ebony Turner for permission
for an existing deck to encroach within a 16-foot sewer
easement across Lot 6, Cloverhill Estates, 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, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
0~-639
8.C.13.b.
FROM HENRY A. AND LINDA O. STEINRUCK FOR AN
EXCEPTION TO THE USE OF PUBLIC WATER FOR A
PROPOSED RESIDENTIAL STRUCTURE LOCATED ON GREC, ORY
POND ROAD
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
approved a request from Henry A. and Linda O. Steinruck for
an exception to the use of public water for a proposed
residential structure located at 3510 Gregory Pond Road. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.13.c. FROM STEVEN D. BARKER AND TERESA L. HARRISON TO
INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE
EASEMENT TO SERVE PROPERTY ON OLD CENTRALIA ROAD
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
approved a request from Steven D. Barker and Teresa L.
Harrison for permission to install a private sewer service
within a private easement to serve property at 11310 01d
Centralia Road and authorized the County Administrator to
execute the sewer connection agreement. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.13.d.
FROM BHECKEh-RID~E ASSOCIATES LLC FOR CONCRETE
STAIRS AND A CONCRETE COMPACTER PAD TO ENCROACH
WITHIN A SIXTEEN-FOOT WATER EASEMENT ACROSS THE
PROPERTY OF BRECKEITRID~E ASSOCIATES LLC
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
approved a request from Breckenridge Associates LLC for
concrete stairs and a concrete compactor pad to encroach
within a 16-foot water easement across its property at 12700
Jefferson Davis Highway, 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, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.13.e. FROM DANIEL R. AND WENDY R. HERMES TO INSTALL A
PRIVATE WATER SERVICE WITHIN A PRIVATE EASEMENT TO
SERVE PROPERTY ON BAILEY BRID~E ROAD
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
approved a request from Daniel R. Hermes and Wendy R. Hermes
for permission to install a private water service within a
private easement to serve property at 12410 Bailey Bridge
Road and authorized the County Administrator to execute the
04-640
07/28/04
water connection agreement. (It is noted a copy of the plat
is filed with the papers of this Board.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.13.g. FROM JERALD THOMAS LIPFORD TO INSTALL A PRIVATE
SEWER FORCE MAIN LINE WITHIN A PRIVATE EASEMENT TO
SERVE PROPERTY ON PARKER LANE
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
approved a request from Jerald Thomas Lipford for permission
to install a private sewer force main line within a private
easement to serve property at 12300 Parker Lane, and
authorized the County Administrator to execute the sewer
connection agreement. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.14. AWARD OF CONSTRUCTION CONTRACTS
8.C.14.a. TO BRYANT ELECTRIC COMPANY, INCORPORATED FOR THE
BAILEY BRiD~E FORCE MAIN - PHASE I COUNTY PROJECT
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
awarded a construction contract for Bailey Bridge Force Main
- Phase I, County Project Number 01-0204, to Bryant Electric
Company, Incorporated in the amount of $3,545,014, and
authorized the County Administrator to execute the necessary
documents.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.1~.b. TO W. L. HAILEYAND COMPANY, iNCORPORATED FOR THE
BAILEY BRID~E FORCE MAiN - PHASE II COUNTY PROJECT
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
awarded a construction contract for Bailey Bridge Force Main
- Phase II, County Project Number 01-0204, to W. L. Hailey
and Company, Incorporated, in the amount of $2,509,942.50,
and authorized the County Administrator to execute the
necessary documents.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.1~.c. TO NATIONAL GUNITE INCORPORATED FOR REPAIRS TO THE
FALLiN~ CREEK DAM
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
awarded a construction contract for repairs to the Falling
Creek Dam to National Gunite Incorporated, in the amount of
04-641
07/28/04
$143,815, and authorized the County Administrator to execute
the necessary documents.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8 .C.14.d.
TO TRANSDYN CONTROLS, INCORPORATED FOR THE
WASTEWATER SUPERVISORY CONTROL AND DATA
ACQUISITION (SCADA) SYSTEM AND TRANSFER OF FUNDS
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
awarded a construction contract for the Wastewater
Supervisory Control and Data Acquisition (SCADA) System to
Transdyn Controls, Incorporated, in the amount of $1,636,172;
transferred $600,000 from 5P-58350-030027R to 5P-58350-
030029R; transferred $436,172 from 5P-58350-010204E to 5P-
58350-030029R; and authorized the County Administrator to
execute the necessary documents.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.15. APPROVE CHANGE ORDER NUMBER TWO FOR CONTRACT WITH
BLACK ANDVEATCH TO COMPLETE THE UTILITY RATE MODEL
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
approved Change Order number two, in the amount of $30,500,
to the contract with Black and Veatch to complete the utility
rate model.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.16. RENEWAL OF LEASES OF PROPERTY
8.C.16.&. FOR THE CONSTRUCTION MANAGEMENT OFFICE
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
approved a lease with CS Development, Incorporated for 2,000
square feet of office space at Court Square for the
Construction Management Office, and authorized the County
Administrator to execute the lease agreement.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.16.b. FOR THE OFFICE OF THE COUNTY REGISTRAR
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
approved a lease with CS Development, Incorporated for 5,000
square feet of office space at Court Square for the Office of
the County Registrar, and authorized the County Administrator
to execute the lease agreement.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
04-642
07/28/04
8.C.17. CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND
POWER COMPANY FOR THE RELOCATION OF UNDERGROUND
CABLE FOR THE CONSTRUCTION OF A NEWPARKING LOT AT
ROBIOUS MIDDLE SCHOOL
On motion of Mr. Warren, seconded by Mrs. Humphrey, 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 the relocation of
underground cable for the construction of a new parking lot
at Robious Middle School. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.18. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.C.15.a. FROM THE CLOVER HILL DISTRICT IMPROVEMENT FUND
8.C.18.a.1.
TO THE SCHOOL BOARD TO PURCHASE AND INSTALL A
MESSAGE BOARD AT PROVIDENCE ELEMENTARY SCHOOL
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
transferred $3,000 from the Clover Hill District Ir~rovement
Fund to the School Board to purchase and install a message
board at Providence Elementary School.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.18.b.
FROM THE CLOVER HILL, DALE AND MIDLOTHIAN
DISTRICT IMPROVEMENT FUNDS
8.C.18.b.1.
TO THE PARKS AND RECREATION DEPARTMENT FOR AN
AFTER-SCHOOL PROGRAM AT CHALKLEY ELEMENTARY
SCHOOL
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
transferred a total of $6,000 ($1,000 from Clover Hill,
$2,500 from Dale, and $2,500 from Midlothian) in District
Improvement Funds to the Parks and Recreation Department for
an after-school program at Chalkley Elementary School.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.18.b.2. TO THE SENIOR CENTER, INCORPORATED
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
transferred a total of $7,(]00 ($2,000 from Dale, $2,500 from
Clover Hill, and $2,500 from Midlothian) in District
Improvement Funds to the Contributions Account for a donation
to the Senior Center, Incorporated.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
04-643
07/28/0~
8.C.18.C. FROM THE BERMUDA, CLOVER HILL, DALE, MATOACA AND
MIDLOTHIAN DISTRICT IMPROVEMENT FUNDS TO THE
CHESTERFIELD COUNTY TRIAD PRO~RAM
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
transferred a total of $2,000 ($400 each) from the Dale,
Matoaca, Clover Hill, Midlothian and Bermuda District
Improvement Funds to the Chesterfield County TRIAD Program.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.18.d. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO
THE POLICE AND PARKS AND RECREATION DEPARTMENTS
AND TO THE SCHOOL BOARD TO DEFRAY THE COSTS OF THE
MIDLOTHIANVILLAGE DAY FESTIVAL
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
transferred $1,755 from the Midlothian District Improvement
Fund to the Police and Parks and Recreation Departments and
to the School Board to rent space and equipment and to
provide services for the Midlothian Village Day Festival.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8 .C.18.e.
FROM THE BERMUDA, DALE, MATOACA AND MIDLOTHiAN
DISTRICT IMPROVEMENT FUNDS TO THE CHESTERFIELD
COUNTY HEALTH CENTER COMMISSION TO DEFRAY EXPENSES
FOR THE OPERATION AND DEVELOPMENT OF THE "FESTIVAL
FOR ALL AGES"
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
transferred a total of $2,000 ($500 each) from the Bermuda,
Dale, Matoaca and Midlothian District Improvement Funds to
the Chesterfield County Health Center Commission to defray
expenses for the operation and development of the ~Festival
For All Ages."
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
The following items were removed from the Consent Agenda for
public discussion:
8.C.l.e. REQUESTING INSTALLATION OF A NO PARKING SIGN IN
MONACAN HILLS SUBDIVISION
Mr. George Beadles expressed concerns relative to
insufficient parking at the county's high schools. He
suggested that the zoning ordinance include a provision
relative to the number of parking spaces at high schools.
No one else came forward to address the issue.
04-644
07/28/04
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, roadside parking on McCauliff Drive and
McCauliff Court are causing unsafe conditions for children
walking to school bus stops; and
WHEREAS, the County has received a petition requesting
the installation of a "RESIDENT PARKING ONLY 7:00 ~4 - 9:30
AM SCHOOL DAYS" along those streets; and
~EREAS, it is the desire of the County that the danger
to the school children be reduced.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby requests the Commissioner
to install "RESIDENT PARKING ONLY 7:00 AM - 9:30 .AM SCHOOL
DAYS" at the intersection of McCauliff Drive and Coralberry
Drive facing east, for the health and safety of the citizens.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.8. AUTHORIZATION TO ADJUST EXISTIN~ CASH PROFFERS IN
PREVIOUSLY APPROVED ZONIN~ CASES BY THE MARSHALL AND
SWIFT BUILDIN~ COST INDEX
Mr. George Beadles expressed concerns that the Board did not
increase cash proffers for two years and that a list was not
provided of the zoning cases that would be subject to a
cumulative two-year adjustment and those that would require a
one-year adjustment.
No one else came forward to address the issue.
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
authorized staff to adjust existing cash proffers in
previously approved zoning cases by the increase in the
Marshall and Swift Building Cost Index. (It is noted the
increase will vary depending on the specific zoning' case and
the applicable period since the index was last applied.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.11~.e. TO AID LANCO HOMES IN THE ACQUISITION OF OFFSITE
SEWER AND TEMPORARY CONSTRUCTION EASEMENTS FOR
BENDAHL VALLEY, SECTION A
Mr. George Beadles stated he does not feel the county should
assist in the acquisition of easements for private
developers. He further stated the agenda item did not
indicate how much acreage was being acquired and a map was
not provided showing the location of the easements.
No one else came forward to address the issue.
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
authorized Right of Way staff to aid Lanco Homes in the
04-645
07/28/04
acquisition of sewer and temporary construction easements to
serve Bendahl Valley, Section A, subject to the developer
executing a contract agreeing to pay all costs.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.18.a.2. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
CLOVER HILL DISTRICT IMPROVEMENT FUND TO THE
CHESTERFIELD COUNTY HEALTH CENTER COMMISSION
FOR THE ACQUISITION AND PLACEMENT OF ARTWORK
Mr. George Beadles pointed out that the request in the
District Improvement Fund application included self-heal
bulletin boards and a fish tank in addition to the project
for which the Board is being requested in the agenda item to
transfer funds - acquiring and displaying artwork.
No one else came forward to address the issue.
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
transferred $1,000 from the Clover Hill District Improvement
Fund to the Chesterfield County Health Center Commission to
acquire and display artwork at Lucy Corr Village.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.19.
INITIATION OF A ZONING APPLICATION AT THE
CHESTERFIELD INDUSTRIAL PARK
Mr. King stated he owns Kings Korner Enterprises,
Incorporated, which leases space at the Airport, that could
be affected by the rezoning; therefore, he is declaring a
conflict of interest under the Virginia Conflict of Interest
Act regarding this request, and excused himself from the
meeting.
Mr. George Beadles stated he believes the county should pay
for the cost of the zoning application with District
Improvement Funds. He further stated contractors' offices
are located in the Industrial Park that have not had the
required zoning and expressed concerns that enforcement
action has not taken place.
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
initiated an amendment to a previously granted Conditional
use and Conditional Use Planned Development (Case 91SN0222)
to delete restrictions on outside storage and initiated an
application for a Conditional Use Permit to permit
contractors' offices, display rooms and outside storage in
the area generally known as the Chesterfield Industrial Park.
And further, the Board appointed Ms. Karen Aylward, Project
Manager, Economic Development, as the Board's agent for the
zoning application, and authorized double advertising of the
application.
Ayes: Miller, Humphrey and Warren.
Nays: None.
Absent: Barber and King.
04-646
0?/28/04
Mr. King returned to the meeting.
9. HF-~%RINGS OF CITIZENS ONUNSCHEDULED MATTERS OR CLAIMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
10. REPORTS
10.A. REPORT ON THE DEVELOPER WATER AND SEWER CONTRACTS
10.B. REPORT ON THE STATUS OF GENERAL FUND BALANCE, RESERVE
FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT
10 .C.
10 .D.
FUNDS AND LEASE PURCHASES
ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM
SUBSTANTIAL ACCORD DETEP~INATION REPORT ON MATOACA
MIDDLE SCHOOL ANNEX (CASE 04PD0316)
On motion of Mrs. H'umphrey, seconded by Mr. Warren, the Board
accepted the following reports.: a Report on Developer Water
and Sewer Contracts; a Report on the Status of General Fund
Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases; and a Substantial
Accord Determination Report on Matoaca Middle School Annex
(Case 04PD0316).
And, further, the following roads were accepted into the
State Secondary System:
ADDITION LENGTH
BROADWATER TOWNHOMES
(Effective 5/14/2004)
Broa~water Lane (Route 5629) - From Broadwater
Way (Route 5630) to Timsberry Circle (Route 5627)
0.08 Mi.
Broa~water Way (Route 5630) - From Broadwater
Lane (Route 5629) to 0.03 mile north of
Broadwater Lane (Route 5629)
0.03 Mi.
Broadwater Way (Route 5630) - From Broadwater
Road (Route 3468) to Broadwater Lane (Route
5629)
0.07 Mi.
Timsberry Circle (Route 5627) - From Broadwater
Road (Route 3468) to Broadwater Lane (Route 5629)
0.05 Mi.
Timsberry Circle (Route 5627) - From Broadwater
Road (Route 3468) to Timsberry Terrace (Route
5628)
0.12 Mi.
Timsberry Circle (Route 5627) - From Broadwater
Lane (Route 5629) to 0.05 mile northwest of
Broadwater Lane (Ro'ute 5629)
0.05 Mi.
Timsberry Circle (Route 5627) - From Timsberry
Terrace (Route 5628) to cul-de-sac
0.02 Mi.
04-647
07/28/04
Timsberry Terrace (Route 5628) - From Broadwater
Road (Route 3468) to Timsberry Circle (Route
5627)
BROOKSTONE, SECTION C
(Effective 5/14/2004)
Abbots Ridge Court (Route 5704) - From Fox Hurst
Drive (Route 4143) to cul-de-sac
Abbots Wood Terrace (Route 5705) - From Fox Hurst
Drive (Route 4143) to cul-de-sac
Fox Hurst Court (Route 5703) - From Fox Hurst
Drive (Route 4143) to cul-de-sac
Fox Hurst Drive (Route 4143) - From Fox Hurst
Court (Route 5703) to Abbots Ridge Court (Route
5704) and Abbots Wood Terrace (Route 5705)
Fox Hurst Drive (Route 4143) - From 0.04 mile
south of Derby Ridge Way (Route 4124) to Fox
Hurst Court (Route 5703)
Fox Hurst Drive (Route 4143) - From Abbots
Ridge Court (Route 5704) and Abbots Wood Terrace
(Route 5705) to cul-de-sac
Fox Hurst Terrace (Route 5702) - From Fox Hurst
Drive (Route 4143) to cul-de-sac
FOXFIRE, SECION 6
(Effective 5/14/2004)
Fox Cove Circle (Route 5613) - From 0.01 mile
south of Marsh Light Lane (Route 5612) to Fox
Cove Terrace (Route 5699)
Fox Cove Circle (Route 5613) - From Fox Cove
Terrace (Route 5699) to 0.01 mile north of
Fox Cove Terrace (Route 5699)
Fox Cove Terrace (Route 5699) - From Fox Cove
Circle (Route 5613) to cul-de-sac
GREGORYS CHARTER, SECTION D
(Effective 5/21/2004)
Gregorys Charter Drive (Route 3745) - From 0.03
mile east of Lynchester Drive (Route 910) to
cul-de-sac
MACANDREW GLEN, SECTION 1
(Effective 5/21/2004)
Eastfair Drive (Route 5186) - From Lyndenwood
Drive (Route 5684) to 0.05 mile east of
Lyndenwood Drive (Route 5684)
Eastfair Drive (Route 5186) - From 0.05 mile
east of Sterling Cove Drive (Route 5198) to
Lyndenwood Drive (Route 5684)
04-648
0.08 Mi.
0.04 Mi.
0.09 Mi.
0.03 Mi.
0.07 Mi.
0.05 Mi.
0.03 Mi.
0.08 Mi.
0.23 Mi.
0.01 Mi.
0.18 Mi.
0.11 Mi.
0.05 Mi.
0.14 Mi.
07/28/04
Lyndenwood Drive (Route 5684) - From Eastfair
Drive (Route 5186) to Macandrew Lane (Route
5685)
Lyndenwood Drive (Route 5684) - From Macandrew
Lane (Route 5685) to Sterling Drive (Route 5686)
Macandrew Lane (Route 5685) - From Lyndenwood
Drive (Route 5684) to cul-de-sac
Macandrew Lane (Route 5685) - From Lyndenwood
Drive (Route 5684) to 0.06 mile east of
Lyndenwood Drive (Route 5684)
Noltland Court (Route 5687) - From Sterling
Drive (Route 5686) to cul-de-sac
Sterling Drive (Route 5686) - From Lyndenwood
Drive (Route 5684) to 0.04 mile west of
Lyndenwood Drive (Route 5684)
Sterling Drive (Route 5686) - From Lyndenwood
Drive (Route 5684) to Noltland Court (Route
5687)
Sterling Drive (Route 5686) - From Noltland
Court (Route 5687) to cul-de-sac
WELLINGTON FARMS, SECTION C
(Effective 5/14/2004)
Michmar Drive (Route 5679) - From Chalkley Road
(Route 632) to Wellington Farms Drive (Route
5352)
Wellington Farms Drive (Route 5352) - From 0.05
mile west of Kenmore Lane (Route 5355) to
Michmar Drive (Route 5679)
ADKINS RIDGE
(Effective 6/25/2004)
Adkins Ridge Place (Route 5654) - From Stroud
Lane (Route 1449) to cul-de-sac
BIRKDALE, SECTION 16
(Effective 6/25/200.4)
Sawgrass Place (Route 5711) - From Spyglass Hill
Circle (Route 5279) to cul-de-sac
Spyglass Hill Circle (Route 5279) - From Sawgrass
Place (Route 5711) to Spyglass Hill Turn (Route
5712) and Spyglass Hill Terrace (Route 5713)
Spyglass Hill Circle (Route 5279) - From Spyglass
Hill Turn (Route 5712) and Spyglass Hill Terrace
(Route 5713) to 0.13 mile east of Spyglass Hill
Turn (Route 5712)
Spyglass Hill Circle (Route 5279) - From Killarney
Court (Route 5318) to Sawgrass Place (Route 5711)
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0.42 Mi.
0.09 Mi.
0.06 Mi.
0.08 Mi.
0.04 Mi.
0.11 Mi.
0.(]6 Mi.
0.22 Mi.
0.05 Mi.
0.138 Mi.
0.138 Mi.
0.119 Mi.
0.13 Mi.
0.04 Mi.
07/28/04
Spyglass Hill Terrace (Route 5713) - From Spyglass
Hill Circle (Route 5279) to cul-de-sac
Spyglass Hill Turn (Route 5712) - From Spyglass
Hill Circle (Route 5279) to cul-de-sac
COALBROOK, SECTION 4
(Effective 6/25/2004)
Coalbrook Drive (Route 5529) - From 0.03 mile
north of Heth Drive (Route 5530) to 0.21 mile
north of Heth Drive (Route 5530)
HOLLY-MEADE, SECTION D
(Effective 6/25/2004)
Croft Crossing Court (Route 5701) - From Croft
Crossing Drive (Route 5700) to cul-de-sac
Croft Crossing Drive (Route 5700) - From Croft
Crossing Court (Route 5701) to Lockberry Ridge
Loop (Route 4393)
Croft Crossing Drive (Route 5700) - From
Lockberry Ridge Loop (Route 4393) to Croft
Crossing Court (Route 5701)
JOHN WINSTON JONES PARKWAY
(Effective 6/25/2004)
John Winston Jones Parkway (Route 5716) - From
Bus Loop (Route 9086) to 0.06 mile north of
Bus Loop (Route 9086)
John Winston Jones Parkway (Route 5716) - From
Bus Loop (Route 9086) to Bus Loop (Route 9086)
John Winston Jones Parkway (Route 5716) - From
Woodpecker Road (Route 626) to Bus Loop (Route
9086)
KINGHAM, SECTION 4
(Effective 6/25/2004)
Railey Hill Court (Route 5696) - From Railey
Hill Drive (Route 5519) to cul-de-sac
Railey Hill Drive (Route 5519) - From Railey
Hill Court (Route 5696) to cul-de-sac
Railey Hill Drive (Route 5519) - From 0.05
mile east of Kingham Drive (Route 5518) to
Railey Hill Court (Route 5696)
KRIM POINT, SECTION 2
(Effective 6/25/2004)
Krim Point Court (Route 5709) - From Krim
Point Loop (Route 4762) to Krim Point Loop
(Route 4762)
04-650
0.04 Mi.
0.08 Mi.
0.18 Mi.
0.08 Mi.
0.23 Mi.
0.06 Mi.
0.06 Mi.
0.19 Mi.
0.34 Mi.
0.07 Mi.
0.06 Mi.
0.05 Mi.
0.03 Mi.
07/28/0A
Krim ]Point Loop (Route 4762) - From 0.02
mile north of Krim Point Way (Route 4761)
to Kr'[m Point Trail (Route 5710)
Krim ]Point Loop (Route 4762) - From Krim
Point Court (Route 5709) to Krim Point Trail
(Route 5710)
Krim ]Point Loop (Route 4762) - From Krim
Point Trail (Route 5710) to Krim Point Court
(Route 5709)
Krim Point Loop (Route 4762) - From Krim
Point Trail (Route !5710) to 0.10 mile south
Of Krim Point Trail (Route 5710)
Krim Point Loop (Route 4762) - From Krim
Point Court (Route !5709) to Krim Point Court
(Route 5709)
Krim Point Trail (Route 5710) - From Krim
Point Loop (Route 4762) to iKrim Point Loop
(Route 4762)
MATOACA HIGH SCHOOL
(Effective 6/25/2004)
Matoaca High School Access Road (Route 9086) -
From John Winston Jones Parkway (Route 5716) to
John Winston Jones Parkway (Route 5716)
SPRI~ RUN ELEMENTARY SCHOOL ACCESS ROAD
{Effective 6/25/2004)
Spring Run Elementary School Access Road (Route
9900) - From Springford Road (Route 5717) to
Springford Road (Route 5717)
SPRINGFORD PARKWAY
(Effective 6/25/2004)
Springford Parkway (Route 5717) - From Spring Run
Road (Route 662) to 0.15 mile south of Spring Run
Road (Route 662)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
11. '.DINNER
On motion of Mr.
recessed to the
dinner.
King, seconded by Mr. Warren,
Administration Building, Room
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
Reconvening:
04-651
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0 03 Mi
0 01 Mi
0 03 Mi
0 09 Mi
0.14 Mi.
0.22 Mi.
0.15 Mi.
the Board
502, for
07/28/04
· 2. ~NVOCAT~ON
Reverend James Cowles, Pastor of Saint Ann Catholic Church,
gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout David Caisse led the Pledge of Allegiance to the
flag of the United States of America.
14. COUNTY ADMINISTRATOR'S COMMENTS
0 CHESTERFIELD CHAMBER OF COMMERCE PRESENTATION OF THE
CHESTERFIELD COUNTY SITE PLAN REVIEW PROCESS STUDY
Ms. Debra Girvin, President Elect and Chair of the
Governmental Relations Committee, Chesterfield Chamber of
Commerce provided details, on behalf of the Chamber's Site
Plan Task Force, of the Chesterfield County Site Plan Review
Process Study. She stated the purpose of the task force was
to identify areas for improvement in the county's site plan
process and provided details of the process used by the task
force to prepare the report. She further stated copies of
the report have been presented to the Board and to county
staff. She summarized process improvements revealed by the
study, including improving communications between county
staff and the agents submitting the plans; updating the
county checklist on a more frequent basis; establishing
tighter review procedures; and reducing redundant procedures.
She stated the study also revealed that the three primary
stakeholders involved in the process - the owners, the agents
and county staff, could all contribute to making the process
more efficient. She recognized members of the task force,
some of whom were present at the meeting.
Mr. Miller expressed appreciation to Ms. Girvin for the
thorough and professional report and stated the document will
be put to good use.
Mr. Ramsey thanked the task force for a document that was
very well prepared and will definitely be used by the county.
15. RESOLUTIONS AND SPECIAL RECOGNITIONS
15.A. RECOGNIZING JOHN TYLER COMMUNITY COLLEGE AND THE WIDER
HORIZONS PRO~RAM FOR BRINGING IRISH EXCHANGE STUDENTS
TO CHESTERFIELD COUNTY
Mr. Stegmaier introduced Mr. Edward Dail, representing John
Tyler Community College and Irish exchange students who were
present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, John Tyler Community College is hosting a group
of 16 students from Northern Ireland and the Republic of
Ireland for an eight-week program that began in June and will
end on August 7, 2004; and
04-652
07/28/04
~EREAS, the students are sponsored by a program called
Wider Horizons, which is underwritten by the International
Fund for Ireland, with the objectives of promoting economic
and social advance and encouraging contact, dialogue and
reconciliation between Unionists and Nationalists throughout
Ireland; and
?~EREAS, the Wider Horizons program offers unemployed
young people, ages ].8-28, from the two traditions in Northern
Ireland and the South the opportunity to improve their
emplos~ent prospects through the provision of training and
work experience at home and abroad; and
9~EREAS, in addition, the Wider Horizons program is
trying to break the cycle of violence from generation to
~eneration by especially involving unemployed kids in
troubled neighborhoods; and
~EREAS, to date, more than 15,000 students have
graduated from the program in Australia, Canada, Europe, New
Zealand and the United States; and
~THEREAS, the students' stay in Virginia involves
classes, volunteer work and sightseeing, along with visits to
Hispanic, American-Indian and African-American co~unities;
and
WHEREAS, the students also are volunteering to assist
various Chesterfield County departments and other regional
localities in a wide range of activities including Parks and
Recreation, Public Affairs, Buildings and Grounds, the Lucy
Corr Nursing Home, the Citie of Henricus and others; and
WHEREAS, this exchange program has benefited the
partic, ipants and the City of Richmond, counties of
Chesterfield and Henrico, the Lucy Corr Nursing Home, the
Becoming New Beauty School, the Richmond SPCA, and the
Science Museum of Virginia; and
WHEREAS, this program was made possible by John Tyler
Community College and Virginia Commonwealth University.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 28tn day of July 2004,
publicly recognizes John Tyler Community College and the
Wider Horizons Program for bringing Irish Exchange Students
to Chesterfield County; thanks exchange studelnts Lisa
Leonard, Nina Croston, James Sliman, Nuala Tolan, Mandy
Parker, Tom Miller, Conor Mulligan, Ryan Curry, Bobby Gray,
Conor Maguire, Liam Traynor, Siobhan Foy, Olivor Arnold,
Janette Cleary, Paul Cosgrove and Colin Clarke for their
participation in this program, and for their efforts on
behalf of Chesterfield County and the other localities and
businesses that have benefited from their volunteer work,
wishes these students success in their future endeavors, and
hopes that this experience has enriched their lives and
broadened their appreciation of others of different
backgrounds.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
04-653
07/28/04
Mr. Warren presented executed resolutions to Mr. Dail and
also to each of the Irish exchange students and expressed
appreciation for the volunteer work being performed by the
students.
15.B. RECOGNIZING BOY SCOUT TROOP 862 FOR OUTSTANDIN~
COMMUNITY SERVICE
Mr. Kappel introduced members of Boy Scout Troop 862 who were
present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, there will always be those in our communities
who need assistance but do not have family members who can
provide it; and
WHEREAS, people sometimes long for ~the good old days"
when neighbors took care of neighbors; and
WHEREAS, it is refreshing to note that here in
Chesterfield County, this practice of neighbors taking care
of neighbors is alive and well; and
WHEREAS, one recent example was brought to the attention
of this Board of Supervisors; and
WHEREAS, Mrs. Karen Holliday, of the Clover Hill
Magisterial District, wrote to inform her Board of
Supervisors representative of the actions of Boy Scout Troop
862; and
WHEREAS, Mrs. Holliday, a widow, needed assistance with
household maintenance; and
WHEREAS, several members of Troop 862 spent a hot and
humid Saturday working to mow the lawn, remove debris, mulch
flower beds and perform other tasks to assist Mrs. Holliday;
and
WHEREAS, these types of
unnoticed and unrecognized; and
good deeds too often go
WHEREAS, it is appropriate to publicly recognize the
efforts of these young men.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 28th day of July 2004,
publicly recognizes the outstanding community spirit and
civic-minded responsibility of the members of Boy Scout Troop
862, thanks the troop for its efforts to help someone in need
within the community, and expresses the gratitude of all
Chesterfield County residents for Troop 862's positive
efforts on behalf of Mrs. Holliday, which exemplify the
positive deeds of youth activity in our county, state and
nation.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
04-654
07/28/04
Mr. Warren presented executed resolutions to members of' Troop
862 and commended them on their outstanding community
service.
15.C. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
15.C.:L. WILLIAM GREER HARVEY, DALE DISTRICT
15.C.2. DAVID GREGORY CAISSE, MATOACA DISTRICT
Mr. Hammer introduced Mr. William Harvey and Mr. David Caisse
who were present to receive resolutions.
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
W/~EREAS, 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 their community,
being active in the troop~ demonstrating Scout spirit, and
living up to the Scout Oath and Law
Mr. William Greer Harvey, Troop 874, sponsored by Saint
Luke's United Methodist Church; and Mr. David Gregory Caisse,
Troop 842, sponsored by Swift Creek Baptist Church, have
acco~)lished those high standards of commitment and have
reached the long-sought goal of Eagle Scout which is received
by only four percent of those individuals entering the
Scouting movement; and
WHEREAS, growing through their experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare themselves for roles as leaders in
society, William and David have distinguished themselves as
members 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 28th day of July 2004,
hereby extends its congratulations to Mr. William Greer
Harvey and Mr. David Gregory Caisse, and acknowledges the
good fortune of the county to have such outstanding young men
as its citizens.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
Mr. Miller and Mrs. Humphrey presented executed resolutions
and patches to Mr. Harvey and Mr. Caisse, accompanied by
members of their families, congratulated them on their
outstanding achievelment, and wished them well in their future
endeavors.
04-655
07/28/04
Mr. Harvey expressed appreciation to his parents,
leaders and members of his troop for their support.
scout
Mr. Caisse expressed appreciation to his assistant
scoutmaster, parents, family members and fellow scouts for
their support.
16. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON
THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDERs
- WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT
ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION
- CASES WHERE THE APPLICANT DOES NOT ACCEPT THE
RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL
HEARD AT SECTION 18
04SN0226
In Dale Magisterial District, WINDSOR PROPERTIES requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12). Residential use of
up to 3.63 units per acre is permitted in a Residential (R-
12) District. The Comprehensive Plan suggests the property
is appropriate for community mixed use. This request lies on
7.6 acres at the western terminus of Mistyhill Road. Tax ID
775-679-Part of 6282 (Sheet 17).
Mr. Turner stated the applicant has requested a deferral
until September 22, 2004.
Mr. Andy Scherzer, representing the applicant, requested a
deferral until September 22, 2004.
Mr. Miller called for public comment.
No one came forward to speak to the deferral.
On motion of Mr. Miller, seconded by Mr. Warren, the Board
deferred Case 04SN0226 until September 22, 2004.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
04SR0250
In Dale Magisterial District, DOUGLAS J. AND DEBORAH A.
HACKMAN request renewal of Conditional Use Planned
Development (Case 03SR0100) and amendment of zoning district
map to permit office use and 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
residential use of 1.0 - 2.5 units per acre. This request
lies in an Agricultural (A) District on 7.2 acres fronting
approximately 670 feet on the west line of Newbys Bridge Road
approximately 200 feet south of Sunny Grove Road. Tax IDs
758-681-2847 and Part of 4279 (Sheet 17).
Mr. Turner stated the applicant has requested a deferral
until October 27, 2004.
04-656
07/28/04
Mr. Andy Scherzer, representing the applicant, requested a
deferral until October 27, 2004.
Mr. Miller expressed appreciation
requesting the deferral.
to Mr. Scherzer for
Mr. Miller then called for public comment.
No one came forward to speak to the request.
On motion of Mr. Miller, seconded by Mr. King, 'the Board
deferred Case 04SR0250 until October 27, 2004.
Ayes: Miller, Hu~)hrey, King and Warren.
Nays: None.
Absent: Barber.
04SN0205
In Matoaca Magisterial District, THEODORE BALSAMO requests
rezoning and amendment of zoning district ]map from
Agricultural (A) to Residential (R-12). Residential use of
up to 3.63 units per acre is permitted in a Residential (R-
12) District. The Comprehensive Plan suggests the property
is appropriate for single family residential use of 2.0 units
per acre or less. This request lies on 138.7 acres fronting
approximately 2,300 feet on the south line of Genito Road
approximately 770 feet west of Mt. Hermon Road. Tax IDs 699-
690-51223, 700-688-4363 and 701-689-Part of 1119 (Sheet 8).
Mr. Turner stated Mrs. Humphrey has requested a deferral
until August 25, 2004.
Mr. Andy Scherzer, representing the applicant, stated the
deferral recommendation is acceptable.
Mr. Miller called for public comment.
Mr. Ted Lushch, a resident of Lacy Farm Road, inquired about
changes that have occurred since the request was heard by the
Planning Commission.
Mr. $cherzer stated the additional proffered conditions
further reduce the density below what was recommended for
approval by the Planning Commission and provide for enlarged
lot size on the northern and western perimeter of the site to
address neighborhood concerns.
Mr. Lushch stated he supports the deferral.
Ms. Lee Dillar, a Woodlake resident, requested that safety
issues be addressed during the deferral period.
No one else came forward to speak to the deferral.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
deferred Case 04SN0205 until August 25, 2004.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
04-657
07/28/04
04SN0247
In Bermuda Magisterial District, BOZE INVESTMENT, LLC
requests rezoning and amendment of zoning district map from
Light Industrial (I-l) to General Industrial (I-2). The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for light industrial
use. This approximately 2,200 feet north of West Hundred
Road. Tax ID 803-656-2356 (Sheet 27).
Mr. Turner presented a summary of Case 04SN0247 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. John Easter, representing the applicant,
recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
stated the
On motion of Mr. King, seconded by Mr. Warren, the Board
approved Case 04SN0247 and accepted the following proffered
conditions:
The property owner 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 property under consideration (the ~Property") will be
developed according to the following proffers if, and only
if, the rezoning request submitted herewith is granted with
only those conditions agreed to by the owner and applicant.
In the event the request is denied or approved with
conditions not agreed to by the owner and applicant, the
proffers shall be immediately null and void and of no further
force or effect.
o
Uses Permitted on the Property.
shall be permitted on the Property:
The following uses
Any use permitted in Light Industrial
District; and
Tractor-trailer service stations. (P)
(I-l)
View from 01d Stage Road. The view of any structures or
equipment used for a tractor trailer service station
from Old Stage Road shall be minimized to the extent
practicable, using a berm, vegetation, or other
screening material. The exact nature and location of
such materials shall be subject to review and approval
by the Planning Department at time of site plan
approval. (p)
Public Water and Sewer. Any development on the Property
other than an unattended tractor-trailer service station
shall be served by public water and sewer. (U)
Right-of-Way Dedication. Prior to any site plan
approval, thirty-five (35) feet of right-of-way on the
west side of Old Stage Road, measured from the
0&-658
07/28/04
centerline of that part of Old Stage Road immediately
adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
Road Ditch Relocation. Prior to issuance of an
occupancy permit, the ditch along the west side of Old
Stage Road shall be relocated to provide an adequate
shoulder for the entire property frontage, and
additional pavement shall be constructed along Old Stage
Road at the approved access to provide left and right
turn lanes, if warranted based on Transportation
Department standards. The developer shall dedicate to
Chesterfield County, free and unrestricted, any
additional right-of-way (or easements) required for
these road improvements. (T)
Access. Direct access from the property to Old Stage
Road shall be limited to one (1) entrance/exit. The
exact location of this access shall be approved iby the
Transportation Department. Prior to any site plan
approval, an access easement, acceptable to the
Transportation Department, shall be recorded from Old
Stage Road to the adjacent property to the south. (T)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
(Amended)
In Bermuda Magisterial District, BRANDERS BRIDGE LLC requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12). Residential use of
up to 3.63 units per acre is permitted in a Residential (R-
12) District. The Comprehensive Plan suggests the property
is appropriate for residential use of 2.51 - 4.0 units per
acre. This request lies on 86.9 acres lying approximately
625 feet off the western terminus of Cougar Trail. Tax IDs
791-636-9012 and 791-635-Part of 3704 (Sheets 34 and 41).
Mr. Turner presented a summary of Case 04SN0248 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions.
Mr. John Easter, representing the applicant,
recommendation is acceptable.
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 04SN0248 and accepted the following proffered
conditions:
The property owner 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 property under consideration (the ~Property#) will be
developed according to the following proffers if, and only
0~-659
07/28/04
if, the rezoning request submitted herewith is granted with
only those conditions agreed to by the owner and applicant.
In the event this request is denied or approved with
conditions not agreed to by the owner and applicant, the
proffers shall immediately be null and void and of no further
force or effect.
Timbering. With the exception of timbering to remove
dead or diseased trees which has been approved by the
Virginia State Department of Forestry, there shall be no
timbering until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices installed in accordance with
The Forestry Best Management Practices for Water Quality
in Virginia. (EE)
o
Maximum Number of Dwellings. The overall number of
dwellings for the entire Property shall not exceed 120
units. (P)
o
Cash Proffer. Prior to the time of issuance of a
building permit for each new dwelling unit, the
applicant, subdivider, or its assignee, shall pay to the
County of Chesterfield the following amounts for
infrastructure improvements within the service district
for the Property:
a. if payment is made prior to July 1, 2004, $9000; or
bo
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.
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 and M)
o
No Construction Traffic. Unless access to the Property
from Cougar Trail cannot be obtained, for a period of
three (3) years from initial development of the
Property, no construction traffic shall use Harrow Drive
for access to or from the Property. (P)
Transportation. In conjunction with development of any
lots with access to Harrow Drive, additional pavement
shall be constructed along Harrowgate Road at the Harrow
Drive intersection to provide a right turn lane. The
developer shall dedicate to Chesterfield County, free
and unrestricted, any additional right-of-way (or
easement) required for this improvement. (T)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
04-660
07/28/04
0~SN0258
In Bermuda Magisterial District, ROBERT REID AND MELODY REID
request rezoning and amendment of zoning district map from
Agricultural (A) to General Industrial (I-2). The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for light industrial use. This
request lies on 1.4 acres fronting approximately 145 feet on
the west line of Happy Hill Road approximately 1,460 feet
northeast of Jefferson Davis Highway. Tax ID 800-632-3880
(Sheet 41).
Mr. Turner presented a summary of Case 04SN0258 and stated
the Planning Commission and staff recommend approval.
Mr. Oliver ~Skitch" Rudy, representing the applicant, stated
the recommendation is acceptable.
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 04SN0258.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
Mrs. Humphrey excused herself from the meeting.
0~SN0259
In Midlothian Magisterial District, WELCO, LLC requests
rezoning and amendment of zoning district map from Cou~unity
Business (C-3) to General Business (C-5) of 0.8 acre plus
proffered conditions on an adjacent 0.9 acre tract currently
zoned General Business (C-5). The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for community mixed use. This request lies on
1.7 acres fronting approximately 300 feet on the west line of
Turner Road approximately 690 feet south of Midlothian
Turnpike. Tax IDs 762-705-1190, 2994, 3285 and 3475 (Sheet
7).
Mr. Turner presented a summary of Case 04SN0259 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions.
Mr. Welford Maxey, representing the applicant, stated the
reco~nendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
0~-661
07/28/0~
On motion of Mr. King, seconded by Mr. Warren, the Board
approved Case 04SN0259 and accepted the following proffered
conditions:
Screening of Loading Areas. Screening of loading areas
for any self-storage facility from adjacent properties
shall be achieved through the positioning of the self-
storage buildings in a compound-like manner such that
the walls of the buildings closest to these adjacent
properties shall be generally parallel to the adjacent
boundary lines. (P)
o
Setbacks. A minimum setback of twenty (20) feet for
buildings, drives and parking areas shall be established
from the boundaries of Tax IDs 762-705-3285 and 3475
where adjacent to Tax ID 762-705-2043 (Cloverleaf Office
Park). Within these setbacks, Perimeter Landscape C
shall be provided in accordance with Ordinance
requirements. (P)
Uses. Uses shall be limited to those uses permitted by
right or with restrictions in the Community Business (C-
3) District as well as self-storage facilities. (P)
Prior to any site plan approval, forty-five (45) feet of
right-of-way on the west side of Turner Road, measured
from the centerline of that part of Turner Road
immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
Direct access from the property to Turner Road shall be
limited to two (2) entrances/exits. The exact location
of these accesses shall be approved by the
Transportation Department. (T)
Ayes: Miller, King and Warren.
Nays: None.
Absent: Barber and Humphrey.
0~SN0266
In Bermuda Magisterial District, SKINQUARTER INVESTMENTS, LLC
requests rezoning and amendment of zoning district map from
Agricultural {A) to Residential (R-12). Residential use of
up to 3.63 units per acre is permitted in a Residential (R-
12) District. The Comprehensive Plan suggests the property
is appropriate for residential use of 1.5 units per acre or
less. This request lies on 22.5 acres fronting approximately
670 feet on the south line of Southcreek Drive south of
Jumping Mallard Place and Broadbill Drive. Tax ID 805-640-
2659 (Sheet 35).
Mr. Turner presented a summary of Case 04SN0266 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. He noted the request
conforms to the Consolidated Eastern Area Plan.
Mr. Irvin Horner, representing the applicant,
recommendation is acceptable.
stated the
Mr. Miller called for public comment.
0&-662
07/28/0~
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mr. Warren, the Board
approved Case 04SN0266 and accepted the following proffered
conditions:
1. Public water and wastewater systems shall be used. (U)
The applicant, subdivider, or assignee(s) shall pay the
following for dwelling units developed to the County of
Chesterfield prior to the issuance of building permit
for infrastructure improvements within the service
district for the property:
$9000.00 per dwelling unit, if paid prior to July
1, 2004: or
b.
The amount approved by the Board of Supervisors not
to exceed $9000.00 per dwelling unit ad~justed
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
after June 30, 2004.
In the event the cash proffer is not used for the
purpose for which proffered within 15 years of
receipt, the cash shall be returned in full to the
payer. (B & M)
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 approved devices have been installed. (EE)
o
Minimum Lot Size. Each lot shall have a minimum area of
18,000 square feet. (P)
o
Average Lot Size. The overall average lot size shall be
a minimum of 22,000 square feet. (P)
/Density. A maximum of 1.5 dwelling units per acre shall
be permitted. (P)
7. Communication with Southcreek Homeowners Association.
The Owner shall be responsible for notification, by
registered, certified or first class mail, to the last
known representative on file with the Chesterfield
County Planning Department of the Southcreek Homeowners
Association of the submission of any tentative
subdivision plan. Such notification shall occur as soon
as practical, but in no event less than twenty-one (21)
days prior to approval or disapproval of any tentative
subdivision plan. The Owner shall provide the Planning
]Department with evidence that such notice was sent. (P)
Covenants, Conditions and Restrictions. At a minimum,
the following restrictive covenants shall be recorded
]~rior to or in conjunction with the recordation of any
subdivision plat of the Property:
0~-663
07/28/04
o
o
o
o
o
No lots shall be used except for single-family
residential purposes. No buildin9 shall be
erected, altered, placed or permitted to remain on
any lot other than one detached single-family
dwellin~ not to exceed three stories in height and
one private ~arage for not more than two cars.
Only one residence shall be erected or placed on a
single lot, and no lot shall, after its original
conveyance, be subdivided into smaller lots or
parcels. No structure of a temporary character,
trailer, mobile home, basement, tent, shack,
~ara~e, barn or other outbuildin9 shall be used on
any lot at any time as a residence either
temporarily or permanently. Eighteen wheel tractor
trailers are prohibited from bein~ parked on or
maintained on any lot at anytime.
No nuisance, obnoxious, or offensive activities
shall be permitted to exist or operate upon any
portion of any property so as to be detrimental to
or interfere with any other property in the
vicinity there or to its occupants.
No lot shall be used or maintained as a dumpin9
9round for rubbish, trash, 9arbage or other waste.
Nor shall any of the above be kept on any lot
except in sanitary containers, in the rear yards
only.
No animals, livestock, ho~s, pi~s or poultry of any
kind, shall be raised, bred, or kept on any lot
except that do~s, cats, or other household pets may
be kept therein if they are not kept, bred or
maintained for any commercial purpose, and in
accordance with the applicable ordinances. For the
purpose herein pi~s and/or ho~s, including, but not
limited to ~pot belly" pi~s are not household pets.
No si~n of any kind shall be displayed to the
public view on any lot except one sign of not more
than five square feet advertisin~ the property for
sale or rent, unless approved by the Architectural
Control Committee in writing.
An Architectural Control Committee (herein called
~Committee") originally composed of three (3)
members is hereby established. Any two members of
the Committee may act on behalf of the Committee
without holdin~ a meetin9 of the full Committee or
~ivin9 notice to the other members. The members
of the Committee shall receive no compensation for
actin~ hereunder.
No improvement shall be erected, placed or altered
on any lot until the construction plan thereof, and
a plan showin~ the location of the said improvement
shall have been submitted to and approved by the
Architectural Control Committee. No construction
on said improvements shall commence until the said
plans and location of said improvements shall have
been approved by the Committee in writing. The
Committee reserves the right to request such
0~-664
07/28/04
1.0.
1.1.
information and data as may be necessary' to make
said determination. Prior to the commencement of
any improvements, written approval may be withdrawn
at any time by the Committee by giving written
notice to said party of its withdrawal of said
approval. The Committee approval as required above
shall be in writing and, in the absence of such
written approval, construction plans and location
plans shall be considered as disapproved. The
building location an all lots shall be within the
applicable County zoning ordinance, and at the
discretion of the said Committee.
There shall be no clearing or other disturlbances of
the area within the 100-year flood plan except
utility and drainage easements. The flood plan and
creek areas shall otherwise remain in their present
natural state.
The foundation of all single-family residences on
any lot shall be constructed of brick only on all
front exterior walls, unless otherwise approved by
the Committee. No exposed cinder of concrete block
exterior walls or foundations shall be erected.
All single-family residences must have some
exterior appurtenance on either the front or side
elevations, such as covered stoops, covered porches
or decks. These exterior appurtenances must be a
minimum of 40 square feet. All one and one-half
story cape style single-family residences shall
have at least one dormer window.
Ail single-family residence shall conform to a
Colonial, Traditional, or Transitional
architectural style. No aluminum siding will be
used, with the exception of aluminum trim. The
roof pitch on all single-family residences, except
for covered porches shall have a minimum of six
inches of rise for every foot. Dimensional
shingles shall be used on all residences.
Ail single-family residences shall
following minimum square footage:
have the
a)
The floor area of a single story, ranch style
single-family residence shall not be less than
1,600 square feet.
b)
The floor area of any one and one half story,
cape cod style residence shall not be less
than 1,700 square feet.
c)
The floor area of any two-story residence
shall not be less than 1,800 square feet.
d)
Attached porches, covered stoops, breezeways,
and garages shall not be included in computing
minimum square footage.
No ranch single-family residence shall be built on
a lot adjacent to another single-family ranch style
residence.
0~-665
07/28/04
13.
14.
15.
16.
17.
18.
19.
The exterior of all houses and other structures
must be completed within one year after the
construction of same shall have commenced, except
where such completion is impossible or would result
in great hardship to the owner or builder due to
strikes, fires, national emergency or natural
calamities. Houses may not be temporarily or
permanently occupied until the exteriors thereof
have been completed unless permitted by prior
written approval of the Architectural Control
Committee and evidence that a Certificate of
Occupancy has been issued by Chesterfield County.
During the continuance of construction the owner of
the lot shall require the contractor to maintain
the lot in a reasonably clean and uncluttered
condition.
Only mailboxes, newspaper tubes, lamp posts, and
driveway materials meeting the design standard of
the Architectural Control Committee shall be
permitted. The Declarant reserves the right to
establish mandatory uniform regulations to govern
the erection and/or alteration of same in the
subdivision. Such uniform regulations will be
administered through the Architectural Control
Committee.
Except as otherwise provided by applicable law and
unless approved by the Architectural Control
Committee, no antenna, aerial or device of any kind
used for the purpose of transmitting or receiving
radio, television, microwave or satellite signals
shall be placed or erected on any lot or on the
exterior of any residence or any other building or
structure thereon.
No fence shall be permitted between the single-
family residence and the street line (front yard).
Split rail fences or other wooden fences may be
built between the rear of the house and the rear
lot line (rear yard). The split rail fences may be
backed with approved wire to provide animal
retention. There shall be no other metal or chain
link fences permitted.
Clothes lines or other clothes drying apparatus
shall be screened from public view in a manner
approved by the Architectural Control Committee.
Where possible and conditions permit, there will be
no strip clearing of all trees from any lot.
Anyone erecting improvements on the said lots must
strive to leave natural tree buffer on both the
rear and sides of all lots. However, brush and
scrub trees under six inches in diameter may be
removed from all lots if so desired.
Utility storage sheds or tool sheds shall have an
exterior texture and color that matches the
exterior texture and color of the residence on said
lot and must be placed between rear line of the
residence and the rear lot line.
0&-666
07/28/0~
22.
23.
Easements for installation and maintenance of
utilities and drainage are reserved as shown on
said subdivision plat.
The Declarant, while it may during the course of
the development of the Property subject or to be
subjected to the covenants, conditions and
restrictions herein set forth, may undertake to
maintain certain areas within the rights of way
and/or easements within said development. Said
conduct on the part of the Declarant shall ]lot be
deemed to impose any continuing liability on the
Declarant to do so and the Declarant reserves to
themselves at all times the right to discontinue
any such maintenance.
Prior to the rights of way, easements and roads
being accepted by the Virginia Department of
Transportation, and the County of Chesterfield road
systems, no alterations, additions or improvements
shall be made within the rights of way and/or
easements including, but not limited to driveway
culvert areas, ditches and where driveways tie into
the roadways. At such time the rights of way,
easements and roadways are in the Virginia
Department of Transportation and Chesterfield
County systems all necessary permits and approvals
must be obtained from any and all required
government departments and/or agencies and the
Committee.
Areas designated as Common Areas, Private Drainage
Easement, and/or BMP facility on the are real
property owned by Skinquarter Investments LLC., a
Limited Liability Company or the Southcreek
Homeowners Association for the use and enjoyment of
the lot owners of Southcreek Subdivision.
Ownership of the Common Area shall be conveyed to
Southcreek Homeowners Association by a deed from
Declarant.
Every lot owner shall have the right and easement
of enjoyment in and to the Common Area which shall
be appurtenant to and shall pass with the title to
every lot.
Declarant, for each lot owned in Southcreek, hereby
declares and covenants that every homeowner upon
accepting a deed to a lot will automatically become
a member to the Southcreek Homeowners Association
(The "Association"). Furthermore, by acceptance of
said deed, whether or not it shall be so recited in
each deed, each homeowner is deemed to covenant and
agrees to pay annual assessments to the
Association. The assessments levied by the
Association shall be used exclusively for the
improvement and maintenance of the Common Area,
right of ways, easements and for the maintenance of
the BMP facility per the BMP Facility Agreements
recorded with the Clerk of the Circuit Court,
Chesterfield County in Deed Book 2965, Page 608,
Deed Book 2965 Page 614, Deed Book 2306, Pages 1532
through 1.536 and any future BMP Facilities in
04-667
07/28/04
Southcreek. Nothing contained herein shall create
a duty on the part of Declarant to make any such
improvements. The Association shall pay any real
estate taxes and other charges assessed against the
Common Area.
The maximum annual assessment shall be (a)
Beginning October 1, 1993 the maximum annual
assessment shall be $120.00 per lot on which there
exists completed improvements as determined by the
issuance by the appropriate governmental authority
of a Certificate of Occupancy; (b) From and after
January 1, 1994 the maximum annual assessment may
be increased each year not more than ten percent
(10%) above the maximum assessment for the previous
year without a vote of the membership of the
Association of fifteen percent (15%) of the
Association members, voting in person or by the
proxy, at a meeting called for such purpose; (c)
The Board of Directors of the Association may fix
the annual assessment at any amount not in excess
of the maximum.
The annual assessments, together with the cost of
collecting delinquent assessment such as interest,
court costs and reasonable attorney fees shall be a
charge on the land and will be a continuing lien
upon the real estate (lot) against which such
assessment is made. Each such assessment, together
with interest, costs and reasonable attorney's
fees, shall be the personal obligation of the
person who was the owner of such lot when the
assessment became due. Any assessment not paid
within thirty (30) days after the due date shall
bear interest at the rate of ten percent (10%).
The Association may bring an action at law against
the lot and/or the owner(s) thereof. The Board of
Directors of the Association shall fix the amount
of the annual assessment against each lot at least
thirty (30) days in advance of each annual
assessment period and so notify in writing each lot
owner of such. The due date shall be established
by the Board of Directors of the Association. The
Association shall upon request, and for a
reasonable charge, furnish a certificate signed by
an officer of the Association setting forth whether
or not the assessments on a specified lot have been
paid.
Any assessments, charges and cost of the
maintenance of such Common Area shall constitute a
lien on the individual lots inferior in lien and
dignity only to real estate taxes and bona fide
duly recorded first deeds of trust on each lot.
Sale or transfer of any lot shall not affect the
assessment lien, however the sale or transfer of
any lot pursuant to a first deed of trust
foreclosure or any proceeding in lieu thereof,
shall extinguish the lien of such assessments as to
payments which became due prior to such sale or
transfer. No sale or transfer shall relieve such
lot for any assessment thereafter becoming due or
from the lien thereof.
0&-668
07/28/0~
Each and every covenant, condition and easement
herein imposed may be enforced by the undersigned
or by the owner of any lot by appropriate
proceedings at law or in equity against any party
violating or attempting or threatening to violate
the same.
25.
Invalidation of any one of these covenants or
conditions by judgment or court adjudication or
otherwise shall in no way modify, affect, or
invalidate any of the other remaining covenants and
conditions herein contained which shall remain in
full force and effect.
26.
Declarant and successor or assigns hereby expressly
reserve the right to release or modify in part any
of the restrictive covenants or conditions
contained herein.
27.
The covenants and conditions herein contained,
unless expressly released or modified, shall run
with the land and shall be binding upon the owner
or owners of each and every lot, and all parties
claiming through or under each such owner or owners
for a period of 25 years from the date of the
recordation hereof, after which period such
covenants and conditions shall be automatically
extended for successive periods of ten years each,
unless prior to the expiration of said period, an
instrument executed and acknowledged by the then
owners of the majority of all the lots be recorded
in the appropriate Clerk's Office revoking the said
covenants and conditions, at which time the
covenants and conditions shall cease and have no
further effect at the end of the applicable
extension period. (P)
Ayes: Miller, King and Warren.
Nays: None.
Absent: Barber and Humphrey.
Mrs. Eumphrey returned to the meeting.
04SN0283
In Clover Hill Magisterial District, JNB COMPANY OF VIRGINIA,
L.L.C. requests Conditional Use and amendment of zoning
district map to permit outside storage in a Community
Business (C-3) District. The density of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for community mixed use. This request lies on 6.0 acres
lying approximately 300 feet off the north line of Hull
Street Road, approximately 270 feet west of Winterpock Road.
Tax ID 723-672-3645 (Sheet 15).
Mr. Turner presented a summary of Case 04SN0283 and stated
the Planning Commission and staff recommend approval and
acceptance of one proffered condition.
Mr. John Easter, representing the applicant,
recommendation is acceptable.
stated the
0~-669
07/28/06
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 04SN0283 and accepted the following proffered
condition:
Any outside storage permitted through this conditional use
shall be located within the area shown on Exhibit A. The
view of such area shall be minimized through the use of
windscreen fabric or other similar material. The exact
treatment shall be approved by the Planning Department. (p)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
04SR0323
In Bermuda Magisterial District STEPHEN AMOS MILLER, JR.
requests renewal of Manufactured Home Permit 97SR0168 to park
a manufactured home in a Residential (R-7) District. The
density of this proposal is approximately 1.11 units per
acre. The Comprehensive Plan suggests the property is
appropriate for community commercial use. This property is
known as 2651 Velda Road. Tax ID 794-666-2833 (Sheet 18).
Mr. Turner presented a summary of Case 04SR0323 and stated
staff recommended approval subject to conditions for a period
of seven years.
Mr. Stephen Miller, Jr. stated the
acceptable.
recommendation is
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 04SR0323 subject to the following conditions:
The applicant shall be the owner and occupant of the
manufactured home.
Manufactured home permit shall be granted for a period
not to exceed seven (7) years from date of approval.
No lot or parcel may be rented or leased for use as a
manufactured home site nor shall any manufactured home
be used for rental property.
No additional permanent-type living space may be added
onto a manufactured home. All manufactured homes shall
be skirted but shall not be placed on a permanent
foundation.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
04-670
07/28/04
04SN0249
In Bermuda Magisterial District, GREENBRIAR DEVELOPMENT LLC
requests rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12). Residential use of
up to 3.63 units per acre is permitted in a Residential (R-
12) District. The Comprehensive Plan suggests the property
is appropriate for residential use of 2.51 - 4.0 units per
acre. This request lies on 31.6 acres fronting approximately
225 feet on the north line of Heritage Drive approximately
1,670 feet west of Harrowgate Road, also lying at the ,eastern
terminus of Horseshoe Bend Drive. Tax IDs 791-640-1593!5, 792-
639-Part of 1731 and 792-640-Part of 5335 (Sheet 34).
Ms. Beverly Rogers presented a summary of Case 04SN0249 and
stated the Planning Commission and staff recommend approval
and acceptance of the proffered conditions. She noted the
request conforms to. the Southern and Western Area Pian..
Mr. Larry Horton, representing the applicant, stated the
developer has addressed neighborhood concerns relative to
traffic on Heritage Drive. He further stated the
recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
Mr. King expressed appreciation to Mr. Jack Wilson, Bermuda
District Planning Commissioner, for working with the
applicant and area residents to ensure that Heritage Drive
not be disturbed.
Mr. King then made a motion, seconded by Mr. Warren, for the
Board to approve Case 04SN0249 and accept the following
proffered conditions:
The public water and wastewater systems shall be used.
(u)
Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
Property until a land disturbance permit hats been
obtained from the Environmental Engineering Department
and the approved devices installed. (EE)
Ail exposed portions of the foundation of each dwelling
unit shall be faced with brick or stone veneer. (BI &
P)
o
The minimum gross floor area for one (1) story ¢~elling
units shall be 1,600 square feet and dwelling units with
more than one story shall have a minimum gross floor
area of 1,800 square feet. (BI & P)
The applicant, subdivider or assignee(s) shall pay the
following to the County of Chesterfield prior to the
issuance of building permit for infrastructure
improvements within the service district for the
property:
04-671
07/28/04
$9,000 per dwelling unit, if paid prior to July 1,
2004; or
bo
The amount approved by the Board of Supervisors not
to exceed $9,000 per dwelling unit adjusted upward
by any increases 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.
In the event the cash payment is not used for the
purpose for which proffered within fifteen (15)
years of receipt, the cash shall be returned in
full to the payor. (B&M)
o
No direct access shall be provided from the property to
Heritage Drive. (T & P)
o
The overall average lot size of the development shall be
a minimum of 20,150 square feet. (P)
The development shall not exceed a density of 1.85
dwelling units per acre. (P)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
17. PUBLIC HEARINGS
17.A. TO CONSIDER AMENDING AN EXISTING ORDINANCE, WHICH
CREATED THE "ENGLEW00D SEWER ASSESSMENT DISTRICT"
Mr. Stith stated this time and date has been advertised for a
public hearing for the Board to consider an amendment to the
ordinance which created the ~Englewood Sewer Assessment
District" by adding language relating to the suspension of
sewer assessment payments for property owners 65 years of age
or older.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mr. King, seconded by Mr. Warren, the Board
adopted the following ordinance amendment:
AN ORDINANCE TO AMEND AND RE-ENACT THE
ORDINANCE CREATING ENGLEWOOD
SPECIAL TAX OR ASSESSMENT SEWER DISTRICT
TO PROVIDE FOR SUSPENSION OF PAYMENT FOR
CERTAIN ELDERLY OWNERS
BE IT ORDAINED
Chesterfield County:
by the Board of Supervisors of
(1) That the Ordinance creating the Englewood Special
Tax or Assessment Sewer District is amended and re-enacted as
follows:
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07/28/0~
Section 1. Definitions.
In the context of this ordinance, the following words
shall, have the following meaning:
District: The Englewood Special Tax or Assessment Sewer
District.
Map of the District: The map entitled ~Proposed
Englewood Sewer Assessment District" prepared by the County
Department of Utilities, which map is on file with the
director of utilities.
Section 2. Establishment of Englewood Special Tax or
Assessment Sewer District.
Pursuant to Code of Virginia, Section 15.2-2404 et seq.,
there is hereby created in the county the Englewood Special
Tax or Assessment Sewer District. The area of the district
shall be and the same is hereby fixed within the boundaries
depicted on the map of the district.
Section 3. Construction of certain sewer facilities in and
adjacent to the district.
The utilities department shall cause to be constructed
in and adjacent to the district the sewer line and
appurtenant facilities depicted on the map of the district.
Section ~. Taxes or assessments upon owners of property
located within the district.
The cost of construction of the sewer line and
appurtenant facilities located within the district slhall be
apportioned among the owners of property abutting the sewer
line.. The amount of the tax or assessment charged to each
such owner shall be one twenty-fourth (1/24) of the total
cost of the improvements constructed within the district,
including the legal, financial and other directly
attributable costs incurred by the County. The one twenty-
fourth (1/24) charge shall be assessed against each lot
located in the district. The amount finally taxed or
assessed against each landowner shall be reported to the
treasurer as soon as practicable after completion of the
sewer line and appurtenant facilities located within the
district, and the treasurer shall enter the same as provided
for other taxes.
Section 5. Installment payment of assessments.
Any person against whom an assessment provided for in
this article has been finally made shall pay the full amount
of the assessment provided for in this article, on the due
date of the first tax bill on which such assessment, is shown.
In no event, however, shall any part of the assessment be due
prior to the completion of the sewer line and appurtenant
facilities constructed pursuant to this article. As an
alternative to pa}~ent as provided above, a person against
whom an assessment provided for in this article has been made
04-673
07/28/04
may pay such assessment in forty (40) equal semiannual
principal installments over a period of twenty (20) years,
together with simple interest on the unpaid principal balance
at an annual rate equal to the index of average yield on
United States Treasury Securities adjusted to a constant
maturity of one year as made available by the Federal Reserve
Bank on the date when this ordinance was adopted. The first
of such installments shall be due on and interest on the
unpaid principal balance shall accrue from the date on which
the full amount of the assessment would otherwise have been
due as provided above.
Section 5.1. Suspension of payment of assessments.
Payment of assessments otherwise due under this
ordinance shall be suspended for any owner who owned property
on the day the ordinance creating the assessment district was
adopted and who occupies a residential building located on
the property and is 65 years of age or older. However when
the property is no longer occupied by a person who is 65
years of age or older or is conveyed to another person or
persons, irrespective of the age of the person or persons to
whom the property is conveyed, the suspension of payments
shall cease and the entire assessment, including accrued
interest, shall be immediately due and payable. It shall be
the obligation of any such owner to provide a driver's
license or other photo identification establishing proof of
age satisfactory to the director of utilities in order for
such suspension to become effective.
Section 6.
This ordinance shall not be set out in the County Code
but shall be kept on file in the office of the director of
utilities.
(2) This ordinance shall be in effect immediately upon
its adoption.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
17.B. TO CONSIDER RE-ADOPTION OF ANAMENDMENT TO THE
TRANSIENT OCCUPANCY TAX ORDINANCE
Mr. Micas stated the Board adopted an ordinance on an
emergency basis on June 23, 2004 removing the transient
occupancy tax from the rental of banquet space and other
meeting rooms. He further stated this date and time has been
advertised for a public hearing for the Board to consider re-
adoption of the ordinance. He noted this is the same
ordinance adopted on an emergency basis with the addition of
language for space at campgrounds, which, in his opinion, was
the original intent of state law.
Mr. Miller called for public comment.
Mr. Bill Baxter, President of the Retail Merchants
Association of Greater Richmond and staff liaison to the
Greater Richmond Hotel/Motel Association, stated the
organizations support the proposed ordinance and feels it
04-674
07/28/04
identifies the original intent of the transient occupancy
tax. He further stated he has spoken with Senator William
Fears, the patron of the transient occupancy tax legislation,
who indicated that the General Assembly intended that the
occupancy tax only be levied on occupied lodging rooms. He
notedl the word "space" was not included in the original
ordinance, but was added at the same time as the word
"campgrounds."
Mr. John Cogbill stated the ordinance represents a
demonstration of a pro-business Board of Supervisors. He
further stated he believes the ordinance clearly states there
is no authority for the county to tax anything other than
rooms that people occupy for 30 days or less, or a space
which is a campground space for a recreational vehicle or a
tent. He stated he believes the previous ordinance exceeds
the authority provided by state statute, thereby violatin~
the Dillon's Rule, and suggested that the Board add a
paragraph statin~ that the amendment is declaratory of
existing law.
There being no one else to speak to the ordinance, the public
hearing was closed.
Mr. ]~icas stated he does not believe the current. Board of
Supervisors can declare what was the intent of the 1985 Board
of Supervisors when the ordinance was adopted. He further
stated the Attorney General can make a ruling as to what
state law intended in 1985~ and the county is pursuing
options for an Attorney General's opinion on the issue.
Mr. King stated he supports the proposed ordinance.
Mrs. Humphrey stated she supports the proposed amendment,
indicating that she will be interested in the Attorney
General's opinion relative to the intent of the state law in
1985.
Mr. Miller stated he is not comfortable with Mr. Cogbill's
request for declaratory language, indicating that he supports
the proposed amendment.
On motion of Mr. King, seconded by Mr. Warren, the Board re-
adopted the following ordinance, as amended:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTIONS 9-151 AND 9-152 RELATING TO
TRANSIENT OCCUPANCY TAX
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 9-151 and 9-152 of the Code of the County
of Chesterfield, 1997, as amended, are amended and re-enacted
to read as follows:
Sec. 9-151. Definitions.
o o o
Transient: Any person who, for a period of less than 30
consecutive days, either at his own expense or at another's
0~-675
07/28/0A
expense, obtains lodging at any hotel, as defined in this
section.
Sec. 9-152. I~osed amount.
Pursuant to the provisions of Code of Virginia, §§ 58.1-
3819 and 58.1-3823, there is hereby imposed on each and every
transient a lodging tax in the amount of eight percent of the
total amount paid for room rental for lodging by such
transient to any hotel; however, this tax shall not apply to
rooms rented for lodging for continuous occupancy by the same
individual or group for 30 days or more.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
17.C. TO CONSIDER THE ADOPTION OF A RESOLUTION AUTHORIZING
THE COUNTY TO CONTRACT DEBT AND ISSUE GENERAL
OBLIGATION BONDS AND REQUESTING THE CIRCUIT COURT TO
ORDER AN ELECTION ON THE QUESTIONS OF CONTRACTING DEBT
AND ISSUING GENERAL OBLIGATION BONDS TO FINANCE PUBLIC
IMPROVEMENTS
Ms. Dickson stated this date and time has been advertised for
a public hearing for the Board to consider the adoption of a
resolution authorizing the county to contract debt and issue
general obligation bonds and requesting the Circuit Court to
order an election on the questions of contracting debt and
issuing general obligation bonds to finance public
improvements.
Mr. Miller called for public comment.
There being no one to speak to the issue, Mr. Miller closed
the public hearing.
Board members expressed concerns that no one from the public
was present to speak to this important issue.
Mr. Warren stated he would like to defer adoption of the
resolution until the Planning Commission has held its public
hearing scheduled for August 17, 2004 to consider a
substantial accord determination request for the Genito Road
high school site.
Mr. Warren then made a motion, seconded by Mrs. Humphrey, for
the Board to defer consideration of a resolution authorizing
the county to contract debt and issue general obligation
bonds and requesting the Circuit Court to order an election
on the questions of contracting debt and issuing general
obligation bonds to finance public improvements until August
25, 2004.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
Mrs. Humphrey excused herself from the meeting.
04-676
07/28/04
17.D. TO CONSIDER AMENDING THE CENTRAL AREA PLAN RELATING TO
THE CHESTERFIELD COUNTY GOVERNMENT CENTER AND
SURROUNDING AREA OF THE COUNTY
Mr. James Bowling stated this date and time has been
advertised for the Board to consider an amendment to the
Central Area Plan relating to the Chesterfield County
Government Center and surrounding area of the county.
Mr. Miller called for public comment.
Ms. Carol Crosby, representing the Health Center Commission,
stated the Commission is interested in developing property
adjacent to Lucy Corr Village to produce a full continuing
care facility on the existing campus. She further stated the
Health Center Commission can support the proposed amendment
to the Central Area Plan given its understanding that the
amendment does not prevent future expansion of Lucy Corr
Village by the Health Center Commission to include the
development of a continuing care retirement community
licensed by the Virginia Department of Social Services.
In response to Mr. Miller's questions, Mr. Bowling stated
staff is recommending o. ffice and government uses for most of
the subject property with a regional mixed-use node in the
vicinity of the intersection of Route 288/Route l0 and
single-family residential use along Courthouse Road extended
to Salem Church Road.
There being no one else to speak to the issue, the public
hearing was closed.
On motion of Mr. Miller, seconded by Mr. King, the Board
adopted an amendment to the Central Area Plan relating to the
Chesterfield County Government Center and surrounding area of
the county.
Ayes: Miller, King and Warren.
Nays: None.
Absent: Barber and Humphrey.
17.E. TO CONSIDER AMENDING THE ZONING ORDINANCE RELATING TO
LIGHTING
Ms. Beverly Rogers stated this date and time has been
advertised for a public hearing for the Board to consider an
amen~nent to the Zoning Ordinance relating to lighting.
When asked, Ms. Rogers stated the amendment will establish
standards for non-residential uses that are able to locate in
residential areas, such as schools, parks and churches.
Mr. Miller called for public comment.
No one came forward to speak to the ordinance.
On motion of Mr. Warren, 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
19-508.3 AND DELETING SECTION 19-573 RELATING TO
EXTERIOR LIGHTING
0~-677
07/28/04
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 19-508.3 of the Code of the County of
Chesterfield, 1997, as amended, is added and Section 19-573
is deleted to read as follows:
Article VII. Development Standards Manual
o o o
Division 1. Development Standards
o o o
Subdivision 1. General Provisions - Countywide
o o o
Sec. 19-508.3. Exterior lighting.
With the exception of single family residential uses,
all exterior lights shall be arranged and installed so that
the direct or reflected illumination does not exceed five-
tenths foot candle above background, measured at the lot line
of any adjoining A, R, R-TH, MH or R-MF district. Except in
village districts where light standards may be required to be
compatible with unique architectural styles or developments
having ornamental pedestrian style lighting, lighting
standards shall be of a directional type capable of shielding
the light source from direct view from any adjoining A, R, R-
TH, MI{ or R-MF district or public right-of-way.
o o o
Division 3.
Development Requirements--Office, Commercial And
Industrial
o o o
Subdivision 1. General Provisions, Development Requirements
- Countywide
o o o
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Miller, King and Warren.
Nays: None.
Absent: Barber and Humphrey.
17.F. TO CONSIDER AMENDING THE COUNTY'S EMERGENCY RESPONSE
COST RECOVERY ORDINANCE TO ALLOW THE COUNTY TO RECOVER
ADDITIONAL COSTS AND TO PERMIT RESTITUTION
Mr. Micas stated this date and time has been advertised for a
public hearing for the Board to consider amending the
county's emergency response recovery ordinance to allow the
county to increase the emergency response amount from $100 to
04-678
07/28/04
$250 and to permit the option of recovery of the Fire
Department's expenses through court-ordered restitution.
Discussion ensued relative to the inclusion of
without a license as a reimbursable expense.
driving
Mr. Micas stated there are a surprising number of convictions
for driving without a license.
Mr. Miller called for public comment.
No one came forward to speak to the ordinance amendment.
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following ordinance amendment:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 13-71 RELATING TO
REIMBURSEMENT OF EXPENSES
BE IT ORDAINED by 'the Board of Supervisors of Chesterfield
County:
(1) That Section 13-71 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 13-71.
Reimbursement of expenses incurred in
responding to DUI and other traffic accidents
or incidents.
(a) A person convicted of violating any of the
following provisions shall be liable in a separate civil
action, for reasonable expenses incurred by the county or by
any volunteer rescue squad, or both, when providing an
appropriate emergency response to any accident or incident
related to such violation. Personal liability under this
section for reasonable expenses of an appropriate emergency
response shall not exceed $1,000.00 in the aggregate for a
particular accident or incident occurring in the county:~
(1) The provisions of Code of Virginia §§ 18.2-51.4,
18.2-266 or 29.1-738, as amended, or a similar
county ordinance, when such operation of a motor
vehicle, engine, train or watercraft while so
impaired is the proximate cause of the accident or
incident;
(2)
The provisions of Code of Virginia, tit. 46.2, ch.
8, art. 7 (§§ 46.2-852 et seq.), as amended,
relating to reckless driving, when such reckless
driving is the proximate cause of the accident or
incident;
(3)
The provisions of Code of Virginia, tit. 46.2, ch.
3, art. 1 (§§ 46.2-300 et seq.), as amended,
relating to driving without a license or driving
with a suspended or revoked license; and,
(4)
The provisions of Code of Virginia, § 46.12-8194, as
amended, relating to improperly leaving the scene
of an accident.
04-679
07/28/04
(b) In determining "reasonable expenses", the county
may bill a flat fee of $250.00 or a minute-by-minute
accounting of the actual costs incurred. As used in this
section "appropriate emergency response" includes all costs
of providing law-enforcement, fire-fighting, rescue, and
emergency medical services. The Court may order as
restitution the reasonable expenses incurred by the county
for fire-fighting, rescue and emergency medical services.
(c) The police department shall compile a report of the
reasonable expenses of the appropriate emergency response for
each accident or incident and forward that information to the
county attorney's office or the accounting department for
appropriate proceedings. The fire department shall have the
same reporting requirements except for accidents or incidents
for which restitution is sought.
(2) That this ordinance shall become effective August 1,
2004.
Ayes: Miller, King and Warren.
Nays: None.
Absent: Barber and Humphrey.
17.G. TO CONSIDER ACCEPTANCE AND APPROPRIATION OF A GRANT
AWARDED BY THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES
(DCJS) FOR THE LAW ENFORCEMENT TERRORISM PREVENTION
PROGRAM GRANT
Lieutenant Colonel Bourque stated this date and time has been
advertised for a public hearing for the Board to consider
acceptance and appropriation of a grant award from the
Department of Criminal Justice Services, Law Enforcement
Terrorism Program.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mr. King, seconded by Mr. Warren, the Board
accepted the appropriation of a grant award from the
Department of Criminal Justice Services, Law Enforcement
Terrorism Prevention Program in the amount of $503,817, and
authorized the County Administrator to execute all documents.
Ayes: Miller, King and Warren.
Nays: None.
Absent: Barber and Humphrey.
Mrs. Humphrey returned to the meeting.
17.H. TO CONSIDER AMENDING SECTIONS 17-2, 17-46, 19-181
AND 19-185 OF THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED RELATING TO FAMILY DIVISIONS AND
VEHICLE STORAGE YARDS
Mr. Mike Janosik stated this date and time has been
advertised for a public hearing for the Board to consider
ordinance amendments relating to family divisions and vehicle
04-680
07/28/04
storage yards. He further stated Mr. David Hainley will
provide details regarding the amendments relative to family
divisions and Mr. Greg Allen will provide details regarding
the amendments relative to vehicle storage yards.
Mr. Miller called for public comment.
Mr. David Phillips stated he has concerns about the family
division amendments and requested further details of the
proposed amendments.
Mr. ]David Hainley stated the amendment will establish
requirements to own property for two years before division to
immediate family members for land acquired after January 1,
2005 and for the second family member to own the property for
five years before transfer to a non-family mer0t)er~. He
further stated the Planning Commission and staff are
reconm~ending the amendments because the current family
division provision is being used to circumvent the state and
county ordinances. He stated exemptions and relief are
available. He noted an amendment to the proposed ordinance
is being suggested to deal with the need to temporarily
transfer ownership of property for HUD funding.
Mr. Phillips expressed concerns relative to restrictions
being placed on landowners, indicating that he would like to
be able to give land to his children when they are able to
build homes. He stated five years can be a long time and
expressed concerns relative to the necessity to sell property
due to illness, loss of employment, or other reasons.
Mr. Miller stated it is his understanding that there is a
provision for a hardship exemption if an incident should
occur.
Mr. Phillips stated he believes he should be able to give
land to his child and that his child should have the option
of doing whatever he or she chooses with the land.
Mr. Miller stated the regulations were designed to protect
existing property owners because people were using their
children as a pass-through to sell their property to
developers.
Mr. Greg Allen provided details of the amendments relative to
outside storage of vehicles. He stated the amendment will
allow for outside vehicle storage in I-1 Districts as a
restricted use. He further stated restrictions on the
outside vehicle storage use include being an accessory to a
warehouse or mini-warehouse; being totally screened from
other districts and uses it would impact; and no maintenance
of vehicles on site or sales of vehicles on site. He stated
staff is asking the Board to consider one change to the
proposed ordinance - deletion of Section 19-181(h) (5)
regarding height of stored vehicles exceeding the height of
the surrounding warehouse building, walls, or fences,
indicating that the existing language in the zoning ordinance
is sufficient to provide for enforcement of screening issues.
Mr. David Walker expressed concerns relative to how the
county' will make a determination regarding the difference
between vehicles for sale, vehicles sitting for a ~hile, and
vehicles in storage. He stated special provisions exist in
04-681
07/28/04
some neighborhoods for the storage of boats and campers on
properties considered to be screened, and expressed concerns
that these are residential neighborhoods - not I-1 or C-3.
He suggested that the county investigate inconsistencies in
the zoning ordinance prior to adopting an amendment relative
to storage of the "wanted" vehicles of Chesterfield County.
No one else came forward to speak to the issue.
Mr. King stated he agrees with Mr. Phillips that five years
is an excessive period of time for requiring a second family
member to own property before transfer to a non-family
member.
Mrs. Humphrey stated the county has a problem with the
development community attempting to circumvent the process
through family divisions, but does not believe families who
are maintaining and paying taxes on property should be
penalized because of developers' actions. She expressed
concerns relative to government controlling family property.
Mr. Miller stated many roadstripped lots have occurred over
the years are a result of family divisions. He suggested
that the Board defer consideration of the proposed ordinance
amendments.
After brief discussion, on motion of Mrs. Humphrey, seconded
by Mr. Warren, the Board deferred the public hearing to
consider ordinance amendments relating to family divisions
and vehicles storage yards until January 26, 2005.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
18. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS
There were no remaining mobile home permits
requests to be considered at this time.
and zoning
19. ADJOURNMENT
On motion of Mr. King, seconded by Mr. Warren, the Board
adjourned at 8:51 p.m. until August 25, 2004 at 3:00 p.m.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
Lane B. Ramsey ~
County Administrator
· Kelly %~ Miller
Cha i rman~
04-682
07/28/04