08-25-2004 MinutesBOARD OF SUPERVISORS
MINUTES
August 25, 2004
Supervisors in Attendance=
Mr. Kelly E. Miller, Chairman
Mr. Edward B. Barber, Vice Chrm.
Mrs. Renny B. Humphrey
Mr. R. M. "Dickie" King, Jr.
Mr. Arthur S. Warren
Mr. Lane B. Ramsey
County Administrator
School Board Members Present=
Dr. James Schroeder, Chairman
Mr. Tom Doland
Staff in Attendance=
Lt. Col. James Bourque,
Police Department
Dr. Billy Cannaday, Jr.,
Supt., School Board
Ms. Jana Carter, Dir.,
Youth Planning and
Development
Mr. Roy Covington, Asst.
Dir., Utilities
Ms. Marilyn Cole, Asst.
County Administrator
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Ms. Rebecca Dickson, Dir.,
Budget and Management
Mr. Robert Eanes, Asst. to
the County Administrator
Ms. Lisa Elko, CMC
Clerk
Chief Stephen A. Elswick,
Fire Department
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. Joseph Horbal,
Commissioner of Revenue
Mr. H. Edward James,
Dir., Purchasing
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rich Leonard, Chief of
Administrative Services,
Environmental Engineering
Ms. Mary Lou Lyle, Dir.,
Accounting
Mr. Mike Mabe, Dir.,
Libraries
Mr. R. John McCracken,
Dir., Transportation
Mr. Steven L. Micas,
County Attorney
Dr. John Morgan, Strategic
Mgr., Mental Health/Mental
Retardation/Substance Abuse
Mr. F. O. Parks, Dir.,
Information Systems Tech.
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Mr. Glen Peterson, Dir.,
Community Diversion
Incentive Program
Mr. Francis Pitaro, Dir.,
General Services
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Thomas Taylor, Dir.,
Block Grant Office
Mr. Kirkland A. Turner,
Director of Planning
Mr. Miller called the regularly scheduled meeting to order at
3:07 p.m.
1. APPROVAL OF MINUTES
On motion of Mr. Warren, seconded by Mr. King, the Board
approved the minutes of July 28, 2004 and August 11, 2004, as
submitted.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.B. DISABILITY SERVICES BOARD PRESENTATION
Ms. Alice Magee, Chairman of the Disability Services Board
(DSB) provided an update on the DSB's activities for FY2003-
2004. She then provided details for tentative plans of the
DSB for FY2004-2005. She thanked the Board for their support
and eKtended an invitation to the ADA (Americans with
Disability Act) Awareness Month program.
2.A. GOVERNMR. NT FINANCE OFFICERS ASSOCIATION CERTIFICATE OF
ACHIEVF2~.NT FOR THE ACCOUNTING DEPARTMENT
Mr. Ramsey stated that for the 23rd consecutive year, the
Accounting Department has received the Government Finance
Officers Association (GFOA) Certificate of Achievement for
Excellence in Financial Reporting. He recognized Ms. Lyle
and members of her staff who were present at the meeting and
commended them on this tremendous achievement.
3. BOARD COMMITTEE REPORTS
There were no Board committee reports at this time.
4. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE
O~DER OF PRESENTATION
On mo'Sion of Mr. Barber, seconded by Mr. King, the Board
replaced Item 5.A., Resolution Recognizing Reservists for
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their Contributions to the War Against Global Terrorism;
added Item 8.B.2.c., Resolution Clarifying that Members of
the County's Auxiliary Police Force are Considered to be
County Employees for Purposes of the Worker's Compensation
Act; replaced Item 8.B.6., Authorize the County Administrator
to Renew a Health Care Contract with Anthem and a Dental Care
Contract with United Concordia Companies, Incorporated for
2005; added Item 14.A.l., Resolution Recognizing the
Outstanding Contributions of Mark and Linda Fausz; and
adopted the Agenda, as amended.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
5.A. RECOGNIZING RESERVISTS FOR THEIR CONTRIBUTIONS TO THE
WAR AGAINST GLOBAL TERRORISM
Mr. Kappel introduced reservists who were present to receive
the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, on September 11, 2001, the United States was
stunned when terrorists hijacked airplanes and attacked the
World Trade Center and the Pentagon, killing and injuring
thousands of people; and
WHEREAS, as a result of these attacks, the United States
military entered into a war against global terrorism; and
WHEREAS, this military response has included ~Operation
Noble Eagle," involving homeland defense and civil support
missions; "Operation Enduring Freedom," formerly known as
"Operation Infinite Justice," to destroy the terrorist
training camps and infrastructure within Afghanistan, the
capture of al Qaeda leaders, and the cessation of terrorist
activities in Afghanistan; "Operation Vigilant Resolve," to
isolate and root out the terrorist forces responsible for
repeated attacks on coalition forces in Fallujah, Iraq; and
"Operation Iraqi Freedom," to free the people of Iraq from
years of tyranny under the Iraqi dictator Saddam Hussein, who
also sponsored terrorism; and
WHEREAS, each of these operations was conducted to make
the United States, and the world, a safer place; and
WHEREAS, among the hundreds of thousands of military
personnel mobilized for this war effort were scores of
Chesterfield County residents and employees who serve in the
reserve components of the various military services; and
WHEREAS, Lieutenant Commander Karl S. Leonard, United
States Coast Guard; Master Sergeant Patrick D. Crowson, Air
Force Reserve; First Lieutenant Promotable Gary S. Edwards,
Army Infantry; Captain Michael S. Breeden, Army National
Guard; Sergeant Ryan T. Swope, Army Reserve; Sergeant Donnie
W. Foley, Army National Guard; Captain Robert E. Estes, Army
National Guard, Sergeant First Class Antonio J. Starke, Army
Reserve; Petty Officer John P. Kimenhour, III, United States
Coast Guard; Petty Officer Second Class Kitty L. Combs,
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United States Navy; Staff Sergeant Benjamin T. Thornton, Army
Reserw~; Sergeant Marcus A. Pham, United States Army;
Sergeant Stephen N. Fortier, U.S. Army; Master Sergeant Mark
A. Fromal, Air National Guard; Chief Warrant Officer James B.
Herring, Army National Guard; Major Thomas C. Kohorst, Army
National Guard; Master Sergeant James J. Profita, Air
National Guard; Senior Airman Rodney Duke, United States
Navy; Senior Master Sergeant Richard Earhart, Air National
Guard; Sergeant David Farmer, Marine Corps Reserve; Captain
Kathryn Kahlson, Air National Guard; Master Sergeant Kevin
McNamee, Air National Guard; Technical Sergeant Matthew
Perkins, Air National Guard; Master Sergeant Robert Puryear,
Air National Guard; Senior Chief Petty Officer David
Schweiger, United States Navy; Master Sergeant Scott Ward,
Air National Guard; Corporal Justin Bennett, Marine Corps
Reserwe; Staff Sergeant Alton Coston, Air National Guard;
Master Sergeant Levi Gholson, Air Force Reserve; Gunnery
Sergeant Brian Ward, Marine Corps Reserve; Master Sergeant
Matthew Wilkerson, Air National Guard; Sergeant Steffanie
Pyle, Army National Guard; Staff Sergeant Christopher Wilson,
Army National Guard; and Master Sergeant Sherry Hankins, Air
National Guard, are some of the courageous Americans who
answered the call to duty unflinchingly and honorably; and
~EREAS, this Board of Supervisors supports the
President and our troops, and commends the reserve military
personnel who served in these military operations for their
courageous service and sacrifice; and
WHEREAS, the families of these military men and women
also bear a great sacrifice and uncertainty in the absence of
their loved ones serving in far-off lands; and
WHEREAS, it is appropriate to recognize the courage and
sacrifice of our reservists and their families during this
difficult time.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 25th day of August 2004,
publicly recognizes the sacrifice and courage of these
dedicated military reservists, and expresses its gratitude to
them for making the world a safer place for freedom-loving
people everywhere.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Board members presented executed resolutions to each of the
reservists present at the meeting and commended them on their
courageous service and sacrifice.
5.B. RECO~NIZIN~ 200~ NACO ACHIEVEMENT AWARD WINNERS
Ms. Cole stated that this year Chesterfield County is the
recipient of 12 Achievement Awards from the National
Association of Counties (NACo). She further stated the
Public Affairs Department also received 24 awards from the
National Association of County Information Officers (NACIO).
Mr. 9[iller, accompanied by Mr. Ramsey, recognized the
following recipients and presented them with the 2004 NACo
Achievement Awards:
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Department
Project
Community Corrections
> Dual Treatment Track
General Services
> State and County Agencies
Partner with a Contractor to
Eliminate an Illegal Tire
Dump
Human Resource Management
> Supporting the Military
Reserve
Library
> Teen Read Week E-Poetry Caf~
> 100th Library Anniversary
Fireworks Theme
Mental Health/Mental
Retardation/Substance Abuse
> Job Coach Training Services
> Coordinated Crisis Response:
A Model Local Government
Response to a Youth Suicide
Outbreak
Nursing Home/Lucy Corr
Village
> Summer Teen Program
Public Affairs
> Hurricane Isabel - A
Communications Case Study
Purchasing Department
> Diversity Initiative
Utilities Department
> Performance Based
Measurements - Improving
Customer Satisfaction Through
Process Management
Youth Services
> Use, You Lose - A Campaign to
Prevent Youth Substance Use
Mr. Miller and Mr. Ramsey congratulated and commended each
department on their recognitions.
6. WORK SESSIONS
There were no work sessions at this time.
7. DEFERRED ITEMS
o 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 staff is requesting that the Board adopt a
resolution both authorizing the county to contract debt and
issue general obligation bonds and requesting the circuit
court to order an election on November 2, 2004 on the
questions of contracting debt and issuing general obligation
bonds to finance public improvements in the amount of
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$341,745,000 for various school, road, parks, library and
public safety projects.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
A RESCLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF
CHESTERFIELD, VIRGINIA, DETERMINING THE ADVISABILITY FOR SUCH
COUNTY TO CONTRACT DEBT AND ISSUE GENERAL OBLIGATION BONDS IN
THE MAXIMUM AMOUNT OF THREE HUNDRED FORTY-ONE MILLION SEVEN
HUNDRED FORTY-FIVE THOUSAND DOLLARS ($341,745,000) FOR THE
PURPOSE OF FINANCING THE COSTS OF PUBLIC IMPROVEMENT PROJECTS
IN SUCH COUNTY, SUCH BONDS TO BE ISSUED IN THE MAXIMUM AMOUNT
OF TWO HUNDRED THIRTY-ONE MILLION TWO HUNDRED TWENTY-FIVE
THOUSanD SEVEN HUNDRED DOLLARS ,[5231,225,700) FOR CAPITAL
SCHOOL IMPROVEMENT PROJECTS, IN THE MAXIMUM AMOUNT OF FIFTEEN
MILLIOi~ TWO HUNDRED FIFTY-SEVEN THOUSAND ONE HUNDRED DOLLARS
($15,257,100) FOR PUBLIC SAFETY IMPROVEMENT PROJECTS, IN THE
MAXIMII~ AMOUNT OF THIRTY-FIVE MILLION FIVE HUNDRED EIGHTY-
SEVEN tHOUSAND FIVE HUNDRED DOLLARS ($35,587,500) FOR LIBRARY
IMPROVEMENT PROJECTS, IN THE M~IMUM AMOUNT OF NINETEEN
MILLION SIX HUNDRED SEVENTY-FOUR THOUSAND SEVEN HUNDRED
DOLLARS ($19,674,700) FOR PARK AND RECREATION IMPROVEMENT
PROJECTS AND IN THE MAXIMIZ~ AMOUNT OF FORTY MILLION DOLLARS
($40,000,000) FOR HIGHWAY, STREET, ROAD AND SIDEWALK
IMPROVEMENT PROJECTS, AND REQUESTING THE CIRCUIT COURT OF
SUCH COUNTY TO ORDER AN ELECTION ON THE QUESTIONS OF
AUTHORIZING SUCH COUNTY TO CONTRACT SUCH DEBT AND ISSUE SUCH
GENERAL OBLIGATION BONDS
WHEREAS, there has been presented to and filed with
the official records of the Board of Supervisors (the "Board
of Supervisors") of the County of Chesterfield, Virginia (the
"County"), a certified copy of a resolution unanimously
adopted by the School Board of the County at a regular
meeting held on June 22, 2004, pursuant to Section 15.2-2640
of the Code of Virginia, 1950, requesting the Board of
Supervisors to request the Circuit Court of the County to
order an election on the question of authorizing the County
to contract a debt and issue general obligation bonds of the
County in a principal amount of not to exceed two hundred
thirty-one million two hundred twenty-five thousand seven
hundred dollars ($231,225,700) for the purpose of financing
the cost of capital school improvement projects in the
County;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY 0F CHESTERFIELD, VIRGINIA:
1. It is hereby determined that it is advisable
for the County to contract debt and to issue general
obligation bonds of the County in the maximum amount of three
hundred forty-one million seven hundred forty-five thousand
dollars ($341,745,000) under the provisions of Chapter 26 of
Title 15.2 of the Code of Virginia, 1950 (the same being the
Public Finance Act of 1991), for the purpose of financing the
costs of public improvement projects in the County, such
bonds to evidence such debt to be issued in the maximum
amounts and for the purposes set forth below:
(a) general obligation bonds in the maximum amount
of two hundred thirty-one million two hundred twenty-five
thousand seven hundred dollars ($231,225,700) flor capital
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school improvement projects, including acquisition of future
school sites and such other capital school improvements as
may be required by the actual educational needs in the
County;
(b) general obligation bonds in the maximum amount
of fifteen million two hundred fifty-seven thousand one
hundred dollars ($15,257,100) for public safety improvement
projects in the County;
(c) general obligation bonds in the maximum amount
thirty-five million five hundred eighty-seven thousand five
hundred dollars ($35,587,500) for library improvement
projects in the County;
(d) general obligation bonds in the maximum amount
of nineteen million six hundred seventy-four thousand seven
hundred dollars ($19,674,700) for park and recreation
improvement projects in the County; and
(e) general obligations bonds in the maximum
amount of forty million dollars ($40,000,000) for highway,
street, road and sidewalk improvement projects in the County.
2. The full faith and credit of the County shall
be pledged to the payment of the principal of and premium, if
any, and interest on all of such bonds, and for so long as
any of such bonds are outstanding and unpaid, the Board of
Supervisors shall be authorized and required to levy and
collect annually, at the same time and in the same manner as
other taxes of the County are assessed, levied and collected,
a tax upon all taxable property within the County, over and
above all other taxes, authorized or limited by law and
without limitation as to rate or amount, sufficient to pay
when due the principal of and premium, if any, and interest
on such bonds to the extent other funds of the County are not
lawfully available and appropriated for such purpose.
3. The Circuit Court of the County, or any judge
thereof, is hereby requested to order an election to be held
in the County on November 2, 2004 pursuant to Sections 15.2-
2610 and 15.2-2611 of the Code of Virginia, 1950, on the
questions of whether the County shall be authorized to
contract the debts and to issue general obligation bonds of
the County in the maximum amounts and for the purposes set
forth in Paragraph 1. The Circuit Court of the County, or
any judge thereof, is hereby further requested to enter such
order on or before September 3, 2004, to permit such election
to be held on November 2, 2004, in accordance with the
provisions of Section 24.2-682 of the Code of Virginia, 1950.
4. The Clerk of the Board of Supervisors shall
file a certified copy of this resolution with the Circuit
Court of the County, or any judge thereof.
herewith
repealed.
are,
Ail resolutions and proceedings in conflict
to the extent of such conflict, hereby
o
adoption.
This resolution shall take effect upon its
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
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Mr. Miller recognized School Board members Dr. James
Schroeder and Mr. Tom Doland as well as Dr. Cannaday who were
presen'z at the meeting.
Dr. Schroeder expressed appreciation, on behalf of the School
Board, for the Board's support of the upcoming bond
referendum. He then intro~lced Ms. Patty Carpenter, Chairman
of the School Bond Referendum Citizen Committee.
Ms. Carpenter stated the committee is committed to supporting
all issues on the bond referendum and would welcome
information from the Board regarding opportunities to inform
citizens about the referendum.
Dr. Cannaday thanked the Board for its commitment to the
community. He then recognized Mr. Art Heinz and Mr. Bill
Hastings, members of the School Bond Referendum Citizen
Committee who were also present at the meeting.
Mr. M~ller thanked the me~ers of the School Board and Dr.
Cannad~y for their tenaciousness in resolving issues relative
to the bond referendum.
Discussion ensued relative to
committee might want to pursue.
initiatives the citizen
Mr. Ramsey noted that Ms. Debra Marlow will be leading the
school's bond referendum team and Mr. Robert Eanes will be
leading the county's bond referendum team as he did the last
referendum in 1996.
8. NEW BUSINESS
8. A. APPOINTMENTS
On motion of Mr. Warren, seconded by Mr. King, the Board
suspended its rules at this time to allow simultaneous
nomination/appointment/reappointment of members to serve on
the Community Services Board and SAFE Board of Directors.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.1. COMMUNITY SERVICES BOARD
On mouion of Mr. King, seconded by Mr. Warren, the Board
simultaneously nominated/appointed Ms. Robin J. Wintzer,
representing the Bermuda District, to serve on the Community
Services Board, whose term is effective September 1, 2004 and
expires December 31, 2006.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.2. SAFE BOARD OF DIRECTORS
On moSion of Mr. King, seconded by Mr. Warren, the Board
simultaneously nominated/reappointed Ms. LuGay Lanier,
representing the Matoaca District, to serve on the SAFE Board
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of Directors, whose term is effective October 1, 2004 and
expires September 30, 2007.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Miller excused himself from the meeting.
8.B. CONSENT ITEMS
On motion of Mr. Warren, seconded by Mr. King, the Board
removed the following items from the Consent Agenda for
public discussion: Item 8.B.2.a., Resolution Approving the
Request of Priority One Ambulance Services, LLC to Establish
and Operate a Non-Emergency Ambulance Transport Service in
Chesterfield County; Item 8.B.14.b., Transfer of District
Improvement Funds from the Clover Hill and Midlothian
District Improvement Funds to the Parks and Recreation
Department to Make Field Improvements to the Existing
Football/Track Field at Providence Middle School; Item
8.B.14.c., Transfer of District Improvement Funds from the
Matoaca District Improvement Fund to the Parks and Recreation
Department to Purchase Materials to Build a Press Box at
Alberta Smith Elementary School; Item 8.B.14.d., Donation of
District Improvement Funds from the Bermuda and Matoaca
District Improvement Funds to the Shepherd's Center of
Chesterfield.
Ayes: Barber, Humphrey, King and Warren.
Nays: None.
Absent: Miller.
Mr. Miller returned to the meeting.
8.B.1. ACCEPTANCE AND APPROPRIATION OF FUNDS
8.B.i.&. OF FY2005 SUPREME COURT OF ViRGINiA ADULT DRUG
COURT GRANT FUNDS TO CONTINUE THE SERVICES
CURRENTLY PERFORMED BY THE DRUG COURT
On motion of Mr. Warren, seconded by Mr. King, the Board
authorized the acceptance of $232,000 and the appropriation
of $132,000 in Adult Drug Court Program grant funds from the
Supreme Court of Virginia. (It is noted $100,000 was adopted
for adult drug court services as part of the FY2005 county
budget; therefore only appropriation of the additional funds
is needed. It is further noted no local match is required.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.l.b. OF STATE AND FEDERAL FUNDS FOR THE FY2005 PART C
PRO~RAM FOR THE PLANNING DiSTRiCT 14 INTERAGENCY
COORDINATING COUNCIL, ADMINISTERED BY THE
CHESTERFIELD COMMUNITY SERVICES BOARD
On motion of Mr. Warren, seconded by Mr. King, the Board
accepted and appropriated $241,764 in state and federal funds
for the FY2005 Part C program for the Planning District 14
Interagency Coordinating Council, administered by the
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Chesterfield Community Services Board and coordinated by its
Infant Program. (It is noted no local match is required.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.l.c. OF VIRGINIA DEPARTMENT OF AVIATION GRANT FUNDS FOR
AN AIRPORT PROJECT FOR RUNWAY CRACKSEAL AND
TRANSFER OF FUNDS
On motion of Mr. Warren, seconded by Mr. King, the Board
author[zed the County Administrator to accept and appropriate
Virginia Department of Aviation grant funds in the amount of
$35,437.50 for an airport project for Runway Crackseal, and
authorized the transfer of $3,937.50 from the Airport Capital
Projects Fund for the local match.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
OF A VIRGINIA DEPARTMENT OF CONSERVATION AND
RECREATION GRANT FOR IMPROVEMENTS AND APPROVAL OF
CHANGE ORDER FOR ROBIOUS LANDING PARK
On motion of Mr. Warren, seconded by Mr. King, the Board
accepted and appropriated a Virginia Department of
Conservation and Recreation grant, in the amount of $125,000,
awarded to the Parks and Recreation Department for
improvements to Robious Landing Park. (It is noted the local
in-kind match is being met through the fair market value of a
recently acquired 55-acre piece of property and capital
improvement funds budgeted in FY2006 and FY2007.)
And, further, the Board authorized the County A~ninistrator
to execute Change Order Nu~er One in the amount of $64,586
for the construction contract with Colony Construction,
Incorporated for additional excavation and installation of
drainpipe in the roadway.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.2. ADOPTION OF RESOLUTIONS
8 .B.2 .b.
RECOGNIZING MR. CHRISTOPHER LiNDBLOOM FOR HIS
SERVICE TO SAFE
On mo~zion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
KHEREAS, the Chesterfield County Board of Supervisors is
committed to addressing concerns about alcohol and drug use
and abuse in our community, especially among young people;
and
~EREAS, Substance Abuse Free Environment Inc. (SAFE) is
a county, school and community coalition dedicated to
promoting a healthy community that is free of substance
abuse; and
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08/25/04
WHEREAS, Mr. Christopher Lindbloom served
chairman of SAFE for the past two years; and
as the
WHEREAS, Mr. Lindbloom also served on the Drug and
Alcohol Abuse Task Force representing the Midlothian District
for three years, prior to the task force's merging with SAFE;
and
WHEREAS, Mr. Lindbloom hosted a community meeting with
Ms. Mary Ann Solberg, Deputy Director of the Office of
National Drug Control Policy; and
WHEREAS, Mr. Lindbloom provided leadership to SAFE
during a period of organizational change and expansion,
successfully guiding SAFE's transition to an organization
with increased representation from multiple sectors of the
community; and
WHEREAS, Mr. Lindbloom initiated the development of a
SAFE speakers bureau and was an active participant on the
speakers bureau; and
WHEREAS, Mr. Lindbloom heightened awareness in the
community of substance abuse issues through his thoughtful
and heartfelt presentations in many settings.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes and thanks Mr.
Christopher Lindbloom for his leadership, service and
commitment to SAFE and to the prevention of substance abuse
among the young people of Chesterfield County.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.2.C. CLARIFYING THAT M~.MBERS OF THE COUNTY'S AUXILIARY
POLICE FORCE ARE CONSIDERED TO BE COUNTY EMPLOYEES
FOR PURPOSES OF WORKER'S COMPENSATION ACT
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted a resolution clarifying that members of the county's
auxiliary police force are considered to be county employees
for purposes of the Worker's Compensation Act.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.3. DONATION OF OBSOLETE, SURPLUS FIRE TRUCK PARTS AND
EQUIPMENT TO OLD DOMINION HISTORICAL SOCIETY, A NON-
PROFIT HISTORICAL ORGANIZATION
On motion of Mr. Warren, seconded by Mr. King, the Board
approved the donation of surplus fire truck parts and
equipment to the Old Dominion Historical Society.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
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8.B.4. AUTHORIZATION TO ALLOW AUXILIARY POLICE OFFICERS WITH
OVER TWENTY YEARS OF SERVICE TO PURCHASE THEIR
SERVICE HAND~UN
On motion of Mr. Warren, seconded by Mr. King, the Board
authorized auxiliary law enforcement officers with more than
20 years of service to purchase their service weapon at a
price that is equivalent to or less than the fair market
value on the date of purchase.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.5. STATE ROAD ACCEPTANCE
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
~KEREAS, the street described below is sho~ on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
street meets the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the s~reet
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!ie to the Secondary System of State Hi~lhways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Brookfleld North, Section 1
~ Morelock Drive, State Route Number: 2662
From: 0.04 Mi. N of Woodward Dr., (Rt. 2661)
To: Cul-de-sac, a distance of: 0.03 miles.
Right-of-wa'! record was filed on 6/7/2004 with the Office Of C;erk To Circuit Court in Pb.144, Pg. 42, with
a width of 5 ] Ft.
And, further, the Board adopted the following resolution:
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WHEREAS, the streets described below
recorded in the Clerk's Office of the
Chesterfield County; and
are shown on plats
Circuit Court of
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
AND, BE IT FURTHER RESOLVED, that a certified
this resolution be forwarded to the Resident Engineer
Virginia Department of Transportation.
Type Change to the Secondary System of State Highways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: St. James Woods, Section L
· Bantry Drive, State Route Number: 5647
From: 0.02 Mi. S of Explorer Dr., (Rt. 3998)
To: Westbury Knoll Ln., (Rt. 3979), a distance of: 0.05 miles.
Right-of-way record was filed on 8/6/2003 with the Office Of Clerk To Circuit Court in Pb. 135, Pg. 79, with
a width of 50 Ft.
· Bantry Drive, State Route Number: 5647
From: Westbury Knoll Ln., (Rt. 3979)
To: 0.04 Mi. S of Westbury Knoll Ln., (Rt. 3979), a distance of: 0.04 miles.
Right-of-way record was filed on 8/6/2003 with the Office Of Clerk To Circuit Court in Pb. 135, Pg. 79, with
a width of 44 Ft.
· Weetbury Bluff Drive, State Route Number: 3978
From: 0.01Mi. S of Westbury Knoll Ln., (Rt. 3979)
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 6/6/2003 with the Office Of Clerk To Circuit Court in Pb. 135, Pg. 79, with
a width of 40 Ft.
· Westbury Knoll Lane, State Route Number: 3979
From: 0.01Mi. E of Westbury Bluff Dr., (Rt. 3978)
To: Bantry Dr., (Rt. 5647), a distance of: 0.08 miles.
Right-of-way record was filed on 6/6/2003 with the Office of Clerk To Circuit Court in Pb. 135, Pg. 79, with
a width of 40 Ft.
04-695
this Board guarantees
as described, and any
drainage.
copy of
for the
08/25/04
·
From:
To;
Westbury Knoll Lane, State Route Number: 3979
Bantry Dr., (Rt. 5647)
Cul-de-sac, a distance of: 0.00 miles.
Right-of-way record was filed on 8/6/2003 with the Office Of Clerk To Circuit Court in Pb. 135, Pg. 79, with
a width of 40 Ft.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.6. AUTHORIZE COUNTY ADMINISTRATOR TO RENEW A HEALTH CARE
CONTRACT WITH ANTHEM AND DENTAL CARE CONTRACT WITH
UNITED CONCORDIA COMPANIES~ INCORPORATED FOR 2005
On motion of Mr. Warren; seconded by Mr. King, the Board
author.Lzed the County Administrator to renew health and
dental care contracts with Anthem and United Concordia
Compan[es, Incorporated for 2005.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.7. SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDMENTS TO
THE COUNTY'S BUSINESS LICENSE TAX ORDINANCE
On motion of Mr. Warren, seconded by Mr. King, the Board set
the date of September 22, 2004 at 7:00 p.m. for a public
hearin~ to consider amendments to sections of the County Code
relating to the business license tax.
Ayes: iHiller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.8. APPROVAL OF FY2006 PRIORITY LIST OF PRIMARY AND
INTERSTATE NEEDS
On motion of Mr. Warren, seconded by Mr. King, the Board
approved the recommended FY2006 priority list of highway
projects and statement regarding Chesterfield's primary and
interstate road needs and directed staff to forward this
information to the county's legislative delegation and the
Commonwealth Transportation Board. (It is noted a copy of
the priority list of highway projects is filed with the
papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.9. REQUESTS TO QUITCLAIM
8.B.9.&. A SIXTEEN-FOOT DRAINAGE EASEMENT (PRIVATE) ACROSS
THE PROPERTY OF OUTBACK STEAKHOUSE OF FLORIDA,
INCORPORATED
On motion of Mr. Warren, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
16-foot drainage easement (private) across the property of
0~-696
08/25/0&
Outback Steakhouse of Florida, Incorporated. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.9.b. A TEMPOP3%RY REDUCED IMPERVIOUSNESS BEST MA.NAGEM~NT
PRACTICE EASEMENT ACROSS THE PROPERTY OF PINEY
BRANCH DEVELOPMENT COMPANY
On motion of Mr. Warren, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
temporary reduced imperviousness best management practice
easement across the property of Piney Branch Development
Company. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.9.C. A SIXTEEN-FOOT DRAINAGE EASEMENT (PRIVATE) ACROSS
THE PROPERTY OF CLOVER HILL LAND COMPANY, L.L.C.
On motion of Mr. Warren, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
16-foot drainage easement (private) across the property of
Clover Hill Land Company, L.L.C. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.10. CONVEYANCE OF EASEMENTS TO COLUMBIA GAS OF VIRGINIA,
INCORPORATED FOR THE HULL STREET ROAD WIDENING
PROJECT
On motion of Mr. Warren, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Columbia Gas of Virginia, Incorporated for the Hull Street
Road Widening Project. (It is noted copies of the plats are
filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.11. ACCEPTANCE OF PARCELS OF LAND
8.B.11.a. ALONG THE EAST RIGHT OF WAY LINE OF OLD HUNDRED
ROAD FROM THE TRUSTEES OF COUNTRYSIDE CHRISTIAN
CHURCH
On motion of Mr. Warren, seconded by Mr. King, the Board
accepted the conveyance of two parcels of land containing a
total of 0.594 acres along the east right of way line of Old
Hundred Road (State Route 754) from the Trustees of
Countryside Christian Church, and authorized the County
04-697
08/25/04
Administrator to execute the deed. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.11.b. ALONG THE WEST RIGHT OF WAY LINE OF PERRYMONT ROAD
FROM THE TRUSTEES OF KINGSLAND BAPTIST CHURCH
On motion of Mr. Warren, seconded by Mr. King, the Board
accepted the conveyance of eight parcels of land containing a
total of 0.101 acres along' the west right of way line of
Perrymont Road (State Route 1625) from the Trustees of
Kingsland Baptist Church, and authorized the County
Administrator to execute the deed. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.11.c. ALONG THE NORTH RIGHT OF WAY LINE OF CURTIS STREET
AND THE EAST RIGHT OF WAY LINE OF HARROWGATE ROAD
FROM THE TRUSTEES OF CHESTER CHRISTIAN CHURCH
On motion of Mr. Warren, seconded by Mr. King, the Board
accepted the conveyance of a parcel of land containing 0.29
acres along the north right of way of Curtis Street (State
Route 1520) and the east right of way line of Harrowgate Road
(State Route 144) from the Trustees of Chester Christian
Church, and authorized the County Administrator to execute
the deed. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: iKiller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.12. REQUEST FOR PERMISSION FROM KUONG M. AND SOPHEAK S.
KY FOR A PROPOSED CARPORT TO ENCROACH WITHIN A
SIXTEEN-FOOT DRAINAGE AND UTILITY EASEMENT ACROSS
LOT 16, BLOCK O, MF2tDOWDALE, SECTION D
On motion of Mr. Warren, seconded by Mr. King, the Board
approved a request from Kuong M. Ky and Sopheak S. Ky for
permission for a proposed carport to encroach within a 16-
foot drainage and utility easement across Lot 16, Block 0,
Meadowdale, Section D, subject to the execution of a license
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.13. AWARD OF CONSULTING SERVICES AND SOFTWARE LICENSE
AGREEMENTS FOR A NEW INTEGRATED FINANCIAL AND HUMAN
RESOURCES/PAYROLL INFORMATION SYSTEM
On motion of Mr. Warren, seconded by Mr. King, the Board
approved the award of contracts to SunGard Bi-Tech,
Incorporated in an amount not to exceed $5.5 million and
04-698
08/25/0~
authorized the County Administrator to execute the necessary
agreements for consulting services and software licenses
associated with the new integrated financial and human
resources/payroll information system.
And, further, the Board approved the transfer of $284,800
from the school's capital improvement reserve to the project.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.14.
8.B.14.a.
TRANSFER OF DISTRICT IMPROVEMENT FUNDS
FROM THE BEP/4UDA, CLOVER HILL, DAL~, MATOACA AN~
MIDLOTHIAN DISTRICT IMPROVEMENT FUNDS TO TN~
CHESTERFIELD COUNTY POLICE DEPARTMENT TO SUPPORT
THE TRIAD PROGRAM
On motion of Mr. Warren, seconded by Mr. King, the Board
transferred a total of $1,675 ($335 each) from the Dale,
Matoaca, Clover Hill, Midlothian and Bermuda District
Improvement Funds to the Police Department to support the
TRIAD Program.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.15. APPROVAL OF TEMPORARY WAIVER OF THE AIRPORT ADVISORY
BOARD RULES REGARDING TERM LIMITATIONS FOR CHAIRMAN
On motion of Mr. Warren, seconded by Mr. King, the Board
temporarily waived the Airport Advisory Board rules regarding
term limitations for chairman.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
The following items were removed from the Consent Agenda for
public comment:
8.B.2.a. APPROVING THE REQUEST OF PRIORITY ONE AMBULANCE
SERVICES, LLC TO ESTABLISH AND OPERATE A NON-
EMERGENCY AMBULANCE TRANSPORT SERVICE IN
CHESTERFIELD COUNTY
Mr. George Beadles stated he finds it intriguing that a non-
emergency ambulance transport service wants to locate on
Skinquarter Road.
Mr. Shaun Wilson, General Manager of Priority One Ambulance
Services, LLC, stated the purpose of the business is to
provide non-emergency ambulance transport service not only in
the Skinquarter area, but in Chesterfield County, Richmond
and the surrounding area. He requested the Board's approval
of the resolution so that the service can be established.
No one else came forward to speak to the issue.
On motion of Mr. Barber, seconded by Mr. King,
adopted the following resolution:
the Board
04-699
08/25/04
WT[EREAS, Priority One Ambulance Services, LLC is
requesting approval to establish and operate a non-emergency
ambulance transport service in Chesterfield County; and
W}{EREAS, the County has received a letter from Priority
One ~Ambulance Services, LLC stating that this approval is
required for compliance with the State Board of Health,
Virginia EMS Regulations, Section 12 VAC 5-31-420; and
WHEREAS, Priority One Ambulance Services, LLC will not
be part of the County's emergency response system or a
designated response agency for Chesterfield County; and
~{EREAS, Priority One ~mbulance Services, LLC has
developed dispatch polices to ensure that emergency calls are
referred to a 911 system and that it will only conduct non-
emergency transports.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby approves the request of
Priority One Ambulance Services, LLC to establish and operate
a non-emergency ambulance transport service in Chesterfield
County.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.1~ .b.
FROM TH~ CLOVER HILL AND MIDLOTHIAN DISTRICT
IMPROVEMENT FUNDS TO THE PARKS AND RECREATION
DEPARTMENT TO MAKE FIELD IMPROVEMENTS TO THE
EXISTIN~ FOOTBALL/TRACK FIELD AT PROVIDENCE
MIDDLE SCHOOL
Mr. George Beadles stated the agenda item refers to the
"original request" and inquired whether a subsequent
application for funding was made.
No one else came forward to speak to the issue.
On motion of Mr. Barber, seconded by Mr. Warren, the Board
transferred $3,009 from the Midlothian District Improvement
Fund and $3,009 from the Clover Hill District Improvement
Fund (total of $6,018) to the Parks and Recreation Department
to make field improvements to the existing football/track
field at Providence Middle School.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.1~.c. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE
PARKS AND RECREATION DEPARTMENT FOR THE DEPARTMENT
TO PURCHASE MATERIALS TO BUILD A PRESS BOX AT
ALBERTA SMITH ELEMENTARY SCHOOL
Mr. George Beadles stated the agenda item refers to the
~original request" and inquired whether a subsequent
application for funding was made. He further stated he
believes press boxes should be funded through the budget
rather than through District Improvement Funds.
No one else came forward to speak to the issue.
04-700
08/25/04
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
transferred $3,200 from the Matoaca District Improvement Fund
to the Parks and Recreation Department for the department to
purchase materials needed to construct a press box at Alberta
Smith Elementary School.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.14.d. FROM THE BERMUDA ANDMATOACA DISTRICT IMPROVEMENT
FUNDS TO THE SHEPHERD'S CENTER OF CHESTERFIELD
Mr. George Beadles stated he hopes the Shepherd's Center will
be funded in the community contracts section of next year's
budget.
No one else came forward to speak to the issue.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
donated $3,000 from the Bermuda District Improvement Fund and
$3,000 from the Matoaca District Improvement Fund (total of
$6,000) to the Shepherd's Center of Chesterfield.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
10. REPORTS
10.A. REPORT ON THE DEVELOPER WATER AND SEWER CONTRACTS
10 .B.
10 .C.
REPORT ON THE STATUS OF GENERAL FUND BALANCE, RESERVE
FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT
FUNDS AND LEASE PURCHASES
REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD
DETERMINATION FOR A PUBLIC HIGH SCHOOL ON GENITO
ROAD (CASE 05PD0101)
On motion of Mr. Warren, seconded by Mr. King, the Board
accepted the following reports: a report on Developer Water
and Sewer Contracts; a status report on the General Fund
Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases; and a report of the
Planning Commission's Substantial Accord Determination for a
public high school on Genito Road (Case 05PD0101).
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-701
08/25/04
11. DINNER
On motion of Mr. Barber, seconded by Mr. King, the Board
recessed to the Administration Building, Room 502, for
dinner.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Reconvening:
12. iNVOCATION
Reverend Tim Amador, Pastor of God's Storehouse Baptist
Church gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Bryce Spivey led the Pledge of Allegiance to the
flag of the United States of America.
RESOLUTIONS AND SPECIAL RECOGNITIONS
14.A. RECOGNIZING THE VIRGINIA STORM AAU 11-U GIRLS
BASKETBALL TEAM FOR ITS EXCELLENT REPRESENTATION OF
CHESTERFIELD COUNTY
Mr. Kappel introduced Assistant Coach Marvin Bell and members
of the Virginia Storm AAU ll-U girls basketball team who were
presenz to receive the resolution.
On motion of the Board, the following resolution was adopted:
~HEREAS, The Virginia Storm AAU ll-U Girls Basketball
Team has its home office in Chesterfield County, and
~4EREAS, Chesterfield County Schools attended by the
team's members include Carver Middle, Salem Middle, Swift
Creek Middle and Falling Creek Middle, as well as schools in
Henrico County; and
WHEREAS, the team participated in the Virginia Division
II National AAU ll-U Championship in Nashville, Tennessee
from July 4-11, 2004; and
WHEREAS, this team of outstanding young athletes
captured the Division II National Championship title; and
WHEREAS, The Virginia Storm was a start-up team three
years ago; and
WHEREAS, Coach Allison Frye helped the team to realize
its full potential; and
WHEREAS, the team averaged 50 points per game throughout
the tournament offensively and gave up only 37 points a game
on the defense; and
04-702
08/25/0~
WHEREAS, after a grueling tournament, the championship
game came down to The Virginia Storm and Team Ohio; and
WHEREAS, in the end, The Virginia
victorious after eight wins and no losses; and
Storm was
WHEREAS, this outstanding performance reflects well on
Chesterfield County and is worthy of recognition.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
Board of Supervisors, this 25th day of August 2004, publicly
recognizes the exceptional contributions of Coach Frye and
all the young ladies of The Virginia Storm, and the support
of the team members' parents and families, congratulates the
team on its stunning accomplishment, and wishes them
continued success.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. King presented the executed resolution to Coach Bell and
also to members The Virginia Storm, congratulated them on an
excellent season, and wished them continued success.
Mr. Bell expressed appreciation
recognition.
to the Board for the
14.A.1. RECOGNIZING THE OUTSTANDING CONTRIBUTIONS OF MARK
AND LINDA FAUSZ
Mr. Kappel introduced Mark and Linda Fausz who were present
to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, in 1998, Mark and Linda Fausz were seeking
information about Chester, Virginia; and
WHEREAS, not finding the information they sought, Mark
contacted the Chesterfield County Planning Department, and
provided the impetus for a series of meetings about the
Village of Chester; and
WHEREAS, an outgrowth of these meetings was the
formation of the Chester Community Association, tasked with
implementing the ten-year-old Chester Village Plan; and
WHEREAS, the Village News, formerly the Chester Village
News, was started by Mark and Linda Fausz in August 1998 as a
bi-weekly community newspaper; and
WHEREAS, the publication grew to become a weekly one
year later; and
WHEREAS, Linda Fausz is publisher and Mark Fausz is
managing editor of the newspaper; and
WHEREAS, the Village News regularly publishes
Chesterfield County press releases and provides space for a
Fire Station 1 column on fire safety and related topics; and
WHEREAS, the newspaper also promotes Chesterfield County
school activities and accomplishments; and
04-703
08/25/04
WT{EREAS the newspaper has hired and mentored journalism
students in an internship program in conjunction with
Virginia Commonwealth University; and
WT{EREAS the Village News provides free advertising for
the community to sell personal items, advertise yard sales,
etcetera; and
~{EREAS the paper also provides a venue for local
faith-based, civic and social organizations to publicize
special events free or at non-profit rates; and
~{EREAS the Village News has received the Business of
the Month Award from both the Chester Business Association
and the Colonial Heights Chamber of Commerce; and
~{EREAS Linda Fausz is past president of the Chester
Business Association and continues on that organization's
board of directors; and
~{EREAS Mark Fausz is president of the Chester
Community Association; vice clhairman of the Chesterfield
Center for the Arts at Chester Foundation and past director
of the Chesterfield Chamber of Commerce; member of the
Cheste:r Village Green Architectural Review Board; member of
the Chester Business Association and a member of the
Cheste~Fest committee.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 25th day of August 2004,
publicly recognizes the outstanding contributions of Mark and
Linda Fausz and the Village News to Chesterfield County for
the efforts noted above, and for the many other positive
efforts in which they are involved that benefit their
community; thanks them for their civic-minded service, and
extends its best wishes to the Village News for continued
succes~.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. King presented the executed resolution to Mr. and Mrs.
Fausz, accompanied by Ms. Betty Matthews, and commended them
for providing a balanced newspaper.
Ms. Matthews presented a bouquet of flowers to Mrs. Fausz and
expressed appreciation for the dramatic positive impact she
and Mr. Fausz have made upon the county.
Mr. King called forward Mr. Jason Gray,
Representative for Congressman Randy Forbes to
presentation to Mr. and Mrs. Fausz.
District
make a
Mr. Gray read a letter from Congressman Forbes congratulating
Mr. and Mrs. Fausz and the Village News on exemplary
accomplishments, presented a framed copy of the letter to
them and stated it will be officially entered in the
Congressional Record.
Mr. Fausz expressed appreciation to the community for its
support and stated Chesterfield County is a great place to
live.
Mrs. Fausz expressed appreciation to the Village News staff
and members of the community for their support.
04-704
08/25/04
14.B. RECOgNiZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
14.B.1. KEVIN BRYCE SPIVEY, DALE DISTRICT
14.B.2. JOSHUA BRYON THOMAS, DALE DISTRICT
14.B.3. ROGERALLEN PETERSON, MATOACA DISTRICT
14.B.4. RICHARD DEAN YENTES, MATOACA DISTRICT
14.B.5. BENJAMIN JOSEPH McCARTHY, MATOACA DISTRICT
14.B.6. JAMES K. CROWTHER, CLOVER HILL DISTRICT
Mr. Hammer introduced Mr. Kevin Spivey, Mr. Joshua Thomas,
Mr. Roger Peterson, Mr. Richard Yentes and Mr. James
Crowther, who were present to receive the 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
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to their community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law
Mr. Kevin Bryce Spivey, Mr. Roger Allen Peterson, Mr.
James K. Crowther and Mr. Joshua Bryon Thomas, all of Troop
855, sponsored by The Church of Jesus Christ of Latter Day
Saints; and Mr. Richard Dean Yentes and Mr. Benjamin Joseph
McCarthy, both of Troop 874, sponsored by Saint Mark's United
Methodist Church, have accomplished 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, Bryce, Roger, James, Joshua, Richard and Benjamin
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 25th day of August 2004,
hereby extends its congratulations to Mr. Kevin Bryce Spivey,
Mr. Roger Allen Peterson, Mr. James K. Crowther, Mr. Joshua
Bryon Thomas, Mr. Richard Dean Yentes and Mr. Benjamin Joseph
McCarthy, and acknowledges the good fortune of the county to
have such outstanding young men as its citizens.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-705
08/25/04
Mr. Miller, Mr. Warren and Mrs. Humphrey presented the
executed resolutions and patches to Mr. Spivey, Mr. Peterson,
Mr. Crowther, Mr. Thomas and Mr. Yentes, accompanied by
members of their families, congratulated them on their
outstanding achievement, and wished them well in their future
endeavors.
Mr. Spivey expressed appreciation to God, his family and
friends for their support.
Mr. Peterson expressed appreciation to the Board for the
recognition and also to his parents, church family and fellow
scouts for their support.
Mr. Czowther expressed appreciation to the Board for the
recognition.
Mr. Thomas expressed appreciation to the Board for the
recogn:_tion and also to God, his parents and scout leaders
for their support.
Mr. Yentes expressed appreciation to
scoutmasters and others for their support.
his parents,
(It is noted Mr. McCarthy was unable to attend the meeting
and the resolution and patch will be forwarded to him.)
15. REQUESTS FOR MOBILE HOME PERMITS AND REZONIN~ PLACED ON
TH~ CONSENT A~ENDA TO BE HEARD IN THE FOLLOWIN~ ORDER:
- WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT
ACCEPTS THE RECOMMENDATiON AND THERE IS NO OPPOSITION
- CASES WHERE THE APPLICANT DOES NOT ACCEPT THE
RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE
HEARD AT SECTION 17
04SN0273
In Dale Magisterial District, KAHN PROPERTIES SOUTH LLC
requests amendment to Conditional Use Planned Development
(Case 97SN0165) and amendment of zoning district map relative
to access. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
mixed use corridor use. This request lies in a Neighborhood
Business (C-2) District on 3.0 acres fronting approximately
385 feet on the east line of Iron Bridge Road, also fronting
approximately 135 feet on the north line of Centralia Road
and located in the northeast quadrant of the intersection of
these roads. Tax IDs 772-661-8240 and 773-661-0235 (Sheet
25) .
Mr. Turner stated the applicant has requested a deferral
until September 22, 2004.
Ms. Gloria Frye, representing the applicant,
deferral until September 22, 2004.
requested a
Mr. Miller called for public comment.
No one came forward to speak to the deferral.
0~-706
08/25/04
On motion of Mr. Miller, seconded by Mr. Barber, the Board
deferred Case 04SN0273 until September 22, 2004.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0278
In Clover Hill Magisterial District, FINER HOMES, INC.
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 medium density residential use of 1.51 to
4.0 units per acre. This request lies on 12.1 acres at the
eastern terminus of Stroud Lane approximately 780 feet east
of Marbleridge Road and at the eastern terminus of Pullbrooke
Drive. Tax IDs 747-701-6206, 8905, 8922 and 748-700-0291
(Sheet 6).
Mr. Turner presented a summary of Case 04SN0278 and stated
the Planning Commission recommended denial because the
applicant had not adequately addressed the impact of the
proposed development on capital facilities. He further
stated that, subsequent to the Planning Commission's action,
the applicant has amended Proffered Condition 7 to fully
address the impact on capital facilities. He stated staff
recommends approval and acceptance of the proffered
conditions.
Mr. Jeff Collins, representing the applicant, stated staff's
recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
suspended its rules at this time to allow for the amended
proffered condition.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
On motion of Mr. Warren, seconded by Mr. King, the Board
approved Case 04SN0278 and accepted the following proffered
conditions:
The public water and wastewater systems shall be used.
(u)
o
Dwelling units shall have a minimum 1,800 square feet of
gross floor area. (P)
o
The exposed surfaces of the foundations of each dwelling
shall be covered with brick or stone veneer. (P)
The existing pond located toward the south portion of
the property shall remain and be used as a SWM/BMP
facility. (EE)
04-707
08/25/04
o
Access shall be limited to the extension of Stroud Lane
and Pullbrooke Drive out of the Briarcliff Subdivision.
No access shall be allowed to the section of Stroud Lane
that connects to Adkins Road. (T)
The maximum allowable density shall not exceed 1.9 units
per acre. (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
ir~rovements within the service district for the
property:
$11,500.00 per dwelling unit, if paid prior to July
1, 2005; or
The amount approved by the Board of Supervisors not
to exceed $11,500.00 per dwelling unit adjusted
upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 2004, and July
1 of the fiscal year in which the payment is made
if paid after June 30, 2005.
In the event the cash payment is not used for the
purpose for which proffered within 15 years of
receipt, the cash shall be returned in full the
payor. (B&M)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
0~SN0282
In Bermuda Magisterial District, RONALD J. ROST requests
rezoning and amendment of zoning district map from
Residential (R-7) to Neighborhood Office (0-1). The density
of such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
proper~y is appropriate for neighborhood commercial use.
This request lies on 0.3 acre and is known as 4625 West
Hundred Road. Tax ID 787-653-6655 (Sheet 26).
Mr. Turner presented a summary of Case 04SN0282 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions.
Mr. Ron Rost stated the recommendation is acceptable.
Mr. Miller called for public con~nent.
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mr. Warren, the Board
approved Case 04SN0282 and accepted the following proffered
conditions:
Prior to any site plan approval, forty-five (45) feet of
right-of-way on Route 10, measured from the centerline
of that part of Route 10 immediately adjacent to the
property shall be dedicated, free and unrestricted to,
04-708
08/25/04
and for the benefit of Chesterfield County. (T)
o
There shall be no direct access from the property to
Route 10. Direct access from the property to Buckingham
Street shall be limited to one (1) entrance/exit located
towards the southern property line. The exact location
of this entrance/exit shall be determined by the
Transportation Department. (T)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0287
In Bermuda Magisterial District, GREENBRIAR DEVELOPMENT LLC
requests Conditional Use and amendment of zoning district map
to permit a model home. 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 2.5 to 4.0 units per acre or less.
This request lies in Residential (R-7 and R-12) Districts on
0.9 acre fronting the eastern terminus of Overridge Drive.
Tax IDs 790-639-Part of 3992 and 790-640-Part of 9502 (Sheet
34).
Mr. Turner presented a summary of Case 04SN0287 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions.
Mr. Larry Horton, 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 04SN0287 and accepted the following proffered
conditions:
A temporary model home (sales office) shall be permitted
in a modular unit provided such unit shall be utilized
for a maximum of 180 days from the date of approval of
this request. At the end of the 180 days, the modular
office unit shall be removed. (P)
The model home (sales office) shall only be used to
market the development (Greenbriar Woods Subdivision) in
which it is located and shall not be used for the sale
of lots or houses outside of the development in which it
is located. (P)
The model home (sales office) shall not be the primary
real estate office for the company marketing the
development. (P)
o
The model home (sales office) shall be incidental to
construction activity taking place within the
development (Greenbriar Woods Subdivision). (P)
The public water and wastewater systems shall be used.
(u)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-709
08/25/04
04SN0297
In Midlothian Magisterial District, WILLIAM P. SOWERS
CONSTRICTION CO. requests rezoning and amendment of zoning
district map from Agricultural (A) to Community Business (C-
3). The density of such amendment will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for medium density
residential use of 1.51 to 4.0 'units per acre. This request
lies on 1.2 acres lying approximately 500 feet off the east
line of Wal-Mart Way approximately 800 feet north of
Midlothian Turnpike. Tax IDs 736-709-1439 and Part of 4223
(Sheet 6).
Mr. Turner presented a summary of Case 04SN0297 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions.
Mr. Bill Sowers, 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. Barber, seconded by Mr. King, the Board
approved Case 04SN0297 and accepted the following proffered
conditions:
The Owners and the Developer, pursuant to Section 15.2-2298
of the Code of Virginia (1950 as amended) and the Zoning
Ordinance of Chesterfield County, for themselves and their
successors or assigns, proffer that the development of the
property designated as Chesterfield County Tax IDs 736-709-
1439 and 736-709-4223 (part) containing a total of 1.2 acres
(the "Property") under consideration will be developed
according to the following proffered conditions if, and only
if, the request for rezoning of the Property to C-3 for
development of retail uses is granted. In the event the
request is denied or approved with conditions not agreed to
by the Developer, the proffered conditions shall be
immediately be null and void and of no further force or
effect. If the zoning is granted, these proffered conditions
will supersede all proffers and conditions now applicable to
the Property.
Uses. No portion of the Property shall be used for any
of the following:
(a) Cocktail lounges and nightclubs
(b) Hospitals
(c) Hotels
(d) Flea markets
(e) Free-standing fast food restaurants.
(f) Any use with drive-in or drive-through facilities.
(g) Servicing of motor vehicles (including tires and
lubrication); provided, however, this proffer shall
not prohibit a gasoline fueling and car wash
facility on the Sam's Club Property.
(h) Coin operated dry cleaning, laundry and
taundromats.
04-710
08/25/04
o
o
o
o
(i) Park and ride lots.
(j) Secondhand and consignment stores.
(k) Commercial kennels.
(1) Residential multifamily and townhouses.
(m) Outside storage of construction equipment/
materials.
(n) Continuous outside display of merchandise for sale
pursuant to Section 19-159(i) of the Zoning
Ordinance other than within or within 100 feet of a
garden center and limited to products related to
the garden center operation.
(o) Outside runs for veterinary hospitals.
(p) Massage clinics except when located within a health
club, tanning salon or similar facility.
(q) Cigarette outlet store which shall mean a store
where the primary product offered for sale is
cigarettes in bulk on a discounted basis.
(r) Motor vehicle sales or rentals. (P)
Building Heights. Buildings on the Property shall have
a maximum of one (1) story and shall not exceed twenty
five (25) feet in height. (P)
Cleaning of Parking Lots. Routine parking lot cleaning
activities shall be limited to the hours between 6:00
a.m. and 8:00 p.m., Monday through Saturday. (P)
Water and Wastewater. Public water and wastewater
systems shall be used. (U)
Timbering. Except for timbering approved by the
Virginia State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance
permit has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. (EE)
Transportation; Access Road to Wal-Mart Way.
(a)
(b)
Prior to any final site plan approval for any
development on the Property, a fifty (50) foot wide
right of way for a special access street pursuant
to Section 19-505(b) of the Zoning Ordinance
extending from WalMart Way at the location shown as
"Point D" (~Point D") on the drawing prepared by
Koontz-Bryant, P.C., dated August 25, 2003,
entitled ~Zoning Exhibit A" (~Zoning Exhibit A"), a
copy of which was filed with Case No. 03SN0246, to
the common boundary line between the Property and
the parcel identified as Tax ID 736-709-3667,
including rights of way across the parcels
identified as Tax ID's 736-708-1856, 735-709-8503
and 736-709-4223 shown as ~Point F~ on Zoning
Exhibit A (~Point F"), all as shown conceptually on
Zoning Exhibit A (the ~Special Access Street")
shall be dedicated, free and unrestricted, to and
for the benefit of Chesterfield County. The exact
location of the Special Access Street shall be
approved by the Transportation Department.
Prior to issuance of an occupancy permit for any
development on the Property, the Special Access
04-711
08/25/04
Street shall be constructed as a two (2) lane road
and approved for State acceptance, as determined by
the Transportation Department. The developer shall
dedicate any additional right of way (or easements)
required for this improvement (e.g. slope easements
or temporary cul-de-sac), free and unrestricted, to
and for the benefit of Chesterfield County. (T)
Ayes: Miller, Barber, Humphrey, iKing and Warren.
Nays: None.
04SN0299
In Midlothian Magisterial District, ST. JOSEPH'S CATHOLIC
CHURCH requests Conditional Use and amendment of zoning
district map to permit a private school in a Residential (R-
15) District. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
medium density residential use of 1.51 to 4.0 units per acre.
This request lies on 19.7 acres and is known as 828 Buford
Road. Tax ID 757-709-2787 (Sheet 7).
Mr. Turner presented a summary of Case 04SN0299 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions.
Mr. Andy Scherzer, representing the applicant, stated the
recommendation is acceptable.
Mr. Miller called for public co~ent.
No one came forward to speak to the request.
On motion of Mr. Barber, seco~nded by Mr. King, the Board
approved Case 04SN0299 and accepted the following proffered
conditions:
Except where the requirements of the underlying R-15
zoning are more restrictive, any new development for
school use shall conform to the requirement of the
Zoning Ordinance for office uses in Emerging Growth
Areas, except for buffers. (P)
o
Tihe operation of the private school
conjunction with a church use only. (P)
shall be in
o
The setback criteria shall apply to any outdoor play
fields, courts, swimming pools and similar active
recreational areas:
ao
With the exception of playground areas which
accommodate swings, jungle gyms or similar such
facilities, all active play fields, courts,
swimming pools or similar active recreational
facilities which could accommodate organized sports
such as football, soccer, basketball, etc., shall
be located a minimum of 100 feet from adjacent
properties to the north and south. Within this
setback, existing vegetation shall be supplemented,
where necessary, with landscaping or other devices
designed to achieve the buffering standards
04-712
08/25/0~
contained in Section 19-522 (a) (2) of the Zoning
Ordinance.
bo
If active play fields, courts, swimming pools or
similar active recreational areas are setback more
than 100 feet from the adjacent properties to the
north and south, the landscaping or other design
features described in 3.a. may be modified by the
Planning Department at the time of site plan
review. Such modifications shall accomplish
mitigation of the visual and noise impacts that
sports or related activities have on adjacent
properties equivalent to the 100 foot setback/
landscaping requirements described in Condition
3.a.
Playground areas which accommodate swings, jungle
gyms or similar such facilities shall be setback a
minimum of fifty (50) feet from all property lines.
(P)
o
Unless and until any active uses or any improvements are
located within 125 feet of the southern property
boundary adjacent to Summit Acres Subdivision, any
healthy trees that are two (2) inches in caliper or
greater shall be retained within this 125 foot setback.
This condition shall not preclude the removal of
vegetation from this 125 foot setback that is unhealthy,
dying or diseased. (P)
o
At such time that any active uses or any improvements
are located within 125 feet of the southern property
line adjacent to Summit Acres Subdivision, a fifty (50)
foot buffer shall be provided along this southern
property line. This buffer shall comply with Section
19-520(a), 19-521 and 19-522(a) (2) of the Zoning
Ordinance. (P)
o
No vehicular or pedestrian connections shall
permitted to the Summit Acres Subdivision. (T)
be
7. School enrollment shall not exceed 350 students. (P)
Direct access from the property to Buford Road and to
Pinetta Drive shall be limited to the existing
entrances/exits onto each roadway. Any relocation of
these accesses shall be approved by the Transportation
Department. (T)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Barber requested that Mr. Scherzer extend to Saint
Joseph's Catholic Church his appreciation for their patience
during the zoning process.
05SN0119
In Dale Magisterial District, THE CHESTERFIELD COUNTY BOARD
OF SUPERVISORS requests amendment to Conditional Use and
Conditional Use Planned Development (Case 91SN0222) and
amendment of zoning district map to delete outside storage
0~-713
08/25/04
restrictions plus Conditional Use to permit contractors'
offices and display rooms and outside storage. The density
of such amendment will be controlled by zoning conditions or
Ordinance standards. The Co~)rehensive Plan suggests the
property is appropriate for light industrial use. This
request lies in Light Industrial (I-l) and General Business
(C-5} Districts on 318.6 acres fronting approximately 7,900
feet on the north and south lines of Whitepine Road
approximately 2,200 feet west of Iron Bridge Road and is
known as Chesterfield Industrial Park. Tax IDs 762-673-9607;
763-672-6718; 763-673-5223 and 8643; 763-674-3879; 764-670-
9694; 764-671-5216 and 7534; 764-672-1870, 6418 and 9898;
764-673-1482, 4558 and 7326; 765-670-1577, 4242, 5365, 6637,
7072, 8484, 8515, 8959 and 9399; 765-671-0055, 1576, 2629,
2886~ 5407, 5456, 8090, 8125 and 9678; 765-672-2762, 4633,
6215 and 7304; 766-669-1887, 3384, 4864 and 8576; 766-670-
0607~ i[344, 1683, 2927, 3163, 4843, 6917, 8074 and 8404; 766-
671-11'71, 1560, 2154, 2839, 4028 and 5411; 767-669-0056,
2749, 4391, 5811, 6235, 7077, 8864 and 9931; 767-670-1140 and
2625; and 768-669-3010 (Sheet 17).
Mr. Turner presented a summary of Case 05SN0119 and stated
the Planning Commission and staff recommend approval subject
to conditions.
Ms. Karen Aylward, representing the applicant, stated the
recommendation is acceptable.
Mr. Miller called for public co~ent.
No one came forward to speak to the request.
On motion of Mr. Miller, seconded by Mr. Warren, the Board
approved Case 05SN0119 subject to the following conditions:
Outside storage shall be permitted as accessory to a
permitted or restricted use, provided that:
a o
Such storage shall be screened from view of public
road rights of way. Screening shall be
accomplished by the use of building design,
landscaping, berms and opaque fencing and/or a
combination thereof. The exact treatment shall be
approved at the time of site plan review;
bo
No more than ten (10) percent of the lot area of
the principal use on any zoning lot may be used for
outside storage, provided that such area does not
exceed a maximum of 3,500 square feet; and
C o
Outside storage shall be restricted to internal
side (not corner side) and rear yard areas and
shall observe tlhe minimum required setbacks for
parking areas. (P)
(Note: With the approval of this request,
Condition 2 of Case 91SN0222 shall be deleted. Ail
other conditions of Cases 91SN0222 and 94SN0137
shall remain in effect.)
Construction vehicles, to include but not limited to,
dump and concrete trucks, backhoes, bucket trucks,
pavers and earth-moving equipment, shall not be
04-714
08/25/04
permitted to be stored on site. This shall not preclude
the storage of flat-bed or similar trucks and trailers
used to transport construction materials to and from
construction sites. (P)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0225
In Clover Hill Magisterial District, TASCON GROUP INC.
requests rezoning and amendment of zoning district map from
Agricultural (A) to Multifamily Residential (R-MF) with
Conditional Use Planned Development to permit exceptions to
Ordinance requirements. Residential use of up to 10.0 units
per acre is permitted in a Multifamily Residential (R-MF)
District. The Comprehensive Plan suggests the property is
appropriate for medium density residential use of 1.51 to 4.0
units per acre. This request lies on 39.6 acres fronting in
two (2) places for approximately 560 feet on the west line of
Courthouse Road, approximately 1,500 feet south of Smoketree
Drive. Tax IDs 743-698-9862; 743-699-7943; 744-698-8198;
744-699-1309, 2760, 6243, 7252, 7715 and 7907 (Sheet 6).
Mr. Miller called forward Mr. Andy Scherzer.
Mr. Andy Scherzer, representing the applicant, stated staff
had some technical discrepancies. He further stated the
Planning Commission's recommendation for approval and
acceptance of the proffered conditions is acceptable to the
applicant.
Mr. Miller inquired about staff's recommendation.
Ms. Jane Peterson stated staff recommended approval subject
to the applicant addressing several issues, which have not
been addressed. She further stated there was no opposition
present for the Planning Commission's hearing of the case.
Mr. Miller called for public comment.
No one came forward to speak to the request.
Mr. Scherzer stated, after numerous community meetings, the
neighborhood now supports the proposal.
When asked, Mr. Scherzer stated that addressing staff's
concerns would be contrary to the wishes of the neighborhood
with respect to an access to the north and use of existing
homes. He further stated the applicant desires a reasonable
opportunity to maintain the three existing homes along
Courthouse Road.
Mr. Warren stated the neighborhood has been satisfied and the
Planning Commission has recommended approval on a 5-0 vote.
Mr. Warren then made a motion, seconded by Mr. King, for the
Board to approve Case 04SN0225 and accept the following
proffered conditions:
A. The following shall apply to all tracts:
04-7~5
08/25/04
Master Plan. The Textual Statement dated February
16, 2004 and last revised June 17, 2004, shall be
considered The Master Plan.
Zoning Plan. Tracts shall be located as generally
depicted on the Zoning Plan, dated February 12,
2004, and last revised June 17, 2004, and prepared
by Balzer & Associates, Inc., but the location and
size of Tracts A and B may be modified provided the
tracts generally maintain their relationship with
each other and any adjacent properties. A plan for
any such Tract adjustment shall be submitted to the
Planning Department for review and approval. Such
plan shall be subject to appeal in accordance with
provisions of the Zoning Ordinance for Site Plan
appeals. (P)
Utilities. Public water and wastewater systems
shall be used.
The following shall apply to Tracts A and B. Upon
redevelopment of Tract B-1 for multi-family uses, the
following shall also apply to Tract B-i:
1. Density. Density shall not exceed four (4)
dwelling units per acre. (P)
Timbering. Except for timbering approved by the
Virginia State Department of Forestry for the
purpose of removing dead or diseased trees, there
shall be no timbering on the Property until a land
disturbance permit ?las been obtained from the
Environmental Engineering Department and the
approved devices installed. (EE)
Pond. The existing pond shall remain and shall be
landscaped or otherwise improved so that it becomes
a visual enhancement to, and an amenity for, the
development. The exact treatment shall be reviewed
and approved by the Planning Department at the time
of site or subdivision plan review. (P)
o
Sidewalks. Sidewalks shall be provided on both
sides of all street rights of way. The exact
treatment and location of these sidewalks shall be
approved by the Planning Department at the time of
tentative subdivision or site plan review. (P)
Streets Trees. Street trees shall be planted along
each side of the interior roads and common
driveways to include entrance roads from public
roads into the development. If existing trees are
maintained, they may be counted toward this
requirement.
o
Landscaping. Landscaping shall be provided around
the perimeter of all buildings, between buildings
and driveways, within medians, and within common
areas not occupied by recreational facilities or
other structures. Landscaping shall comply with
the requirements of the Zoning Ordinance Sections
19-516 through 19-518. Landscaping shall be
designed to: minimize the predominance of building
04-716
08/25/04
10.
11.
12.
13.
14.
mass and paved areas; define private spaces; and
enhance the residential character of the
development. The Planning Department, at the time
of site plan and/or subdivision tentative review,
shall approve the landscaping plan with respect to
the exact numbers, spacing, arrangement and species
of plantings. Trees may be removed from within the
setback/buffer areas to facilitate grading and
installation of fencing, berming and other
construction related activities as approved by the
Planning Department. (P)
Entrance Fencing. A decorative "wrought iron-
style" fence with brick columns shall be provided
along Courthouse Road frontage of the Property,
such columns are not to be spaced farther apart
than sixty (60) feet. P)
Driveways. Ail
hardscaped. (P)
private shall be
driveways
Building Materials. Dwelling units shall be
constructed with materials such as brick or stone
veneer; composition, hardiplank, or vinyl siding;
and 20-year asphalt shingles. The Planning
Department may approve the use of other building
materials of equal or better quality. (P)
Foundation Treatment. Ail exposed portions of the
foundation and exposed piers supporting front
porches of each new dwelling unit shall be faced
with brick or stone veneer or exterior insulation
and finishing systems (EIFS) materials. (P)
Garages. For the residential multi-family portion
of the development, a minimum of seventy-five (75)
percent of the dwelling units shall employ side or
rear-loaded garages. For the single family
residential portion of the development, the visual
impacts of garage doors on single family dwellings
facing the street shall be minimized through the
use of architectural fenestration and/or
orientation. (P)
Dwelling Size. Ail dwelling units shall have a
minimum gross floor area of 1200 square feet. (P)
Lighting. Light poles shall have a maximum height
of fifteen (15) feet and shall be located generally
along the interior roads as approved by the
Planning Department. (P)
Open space/Recreation area. Open space/recreation
area shall be provided throughout the development,
with a minimum of 0.60 acres in the clubhouse area,
to provide a "focal point" as one enters each tract
within the project. Should both tracts be
developed for multi family residential dwellings
only one focal point shall be required. Part of the
area shall be ~hardscaped" and have benches and
other amenities that accommodate and facilitate
gatherings. The exact design and location shall be
approved by the Planning Department at the time of
04-7~7
08/25/04
15.
16.
17 .
19.
20.
site plan and/or subdivision tentative review. The
clubhouse building and its related recreational
amenities shall be developed concurrent with the
first phase of development. (P)
Restriction on Child.ren's Play Facilities. The
common area recreational amenities shall not
include playground equipment, play fields or other
facilities primarily associated with children's
play. (P)
Buffer. Within the cluster residential portion of
the development, a fifty (50) foot buffer shall be
provided along the northern property boundary
adjacent to Tax IDs 743-699-2831 and 743-699-5936.
Such buffer shall comply with the requirements of
the Zoning Ordinance for Sections 19-520 through
19-522 but shall be exclusive of required yards.
(p)
Landscaped Setback. Within the residential multi-
family portion of the development, the required
fifty (50) perimeter yard along the northern
property boundary shalL1 be planted at one and one-
half times the requirements of Perimeter
Landscaping C. Further, an additional twenty-five
(25) foot setback shall apply to parking, buildings
and drives adjacent to the southern boundary of Tax
IDs 743-699-2831 and 743-699-5936. (P)
Road to South. A public road shall be constructed
from Courthouse Road, through the property, to the
northern boundary of Tax ID 744-698-3673. A
maximum of five (5) private driveways that directly
or indirectly serve dwelling units shall have
direct access to this public road. The exact
location of this road shall be approved at the time
of site plan and/or tentative subdivision review.
(p)
Virginia Condominium Act. Ail multi-family dwelling
units on the Property shall be condominiums as
defined and regulated by the Virginia Condominium
Act, and all common areas and improvements therein
shall be maintained by a condominium association.
(p)
Impacts on Capital Facilities. The applicant,
subdivider, or assignee(s) shall pay the following,
for infrastructure improvements within the service
district for the property, to the county of
Chesterfield prior to the issuance of building
permit per dwelling unit:
so
$6,199.00 per dwelling unit, if paid prior to
July 1, 2004. At the time of payment, the
$6,199.00 will be allocated pro-rata among the
facility costs as follows: $598.00 for parks
and recreation, $324.00 for library
facilities, $4,380.00 for roads, $551.00 for
schools, and $346.00 for fire stations; or
04-718
08/25/04
21.
22.
23.
bo
The amount approved by the Board of
Supervisors not to exceed $6,199.00 per
dwelling unit pro-rated as set forth above and
adjusted upward by any increase in the
Marshall and Swift building cost index between
July 1, 2003, and July 1 of the fiscal year in
which the payment is made if paid after June
30, 2004.
C ·
In the event the cash payment is not used for
which proffered within 15 years of receipt,
the cash shall be returned in full to the
payor.
do
Should any impact fees be imposed by
Chesterfield County at any time during the
life of the development that are applicable to
the property, the amount paid in cash proffers
shall be in lieu of or credited toward, but
not be in addition to, any impact fees, in a
manner determined by the County. (B&M)
Access. Direct access from the property to
Courthouse Road shall be limited to one (1) public
road. The exact location of this access shall be
approved by the Transportation Department. There
shall be no direct access from the property to the
adjacent fifty (50) foot wide right of way to the
north. (T & P)
Road Improvements. Prior to the issuance of an
occupancy permit, the owner/developer shall be
responsible for the following:
Construction of additional pavement along
Courthouse Road at the approved access to
provide a right turn lane;
bo
Construction of an additional lane of pavement
along Courthouse Road from the approved access
to the southern property line;
C o
Dedication, free and unrestricted, to and for
the benefit of Chesterfield County of any
additional right of way required for these
improvements. In the event the developer is
unable to acquire any ~off-site" right-of-way
that is necessary for these improvements, the
developer may request, in writing, that the
County acquire such right-of-way as a public
road improvement. Ail costs associated with
the acquisition of the right-of-way shall be
borne by the developer. In the event the
County chooses not to assist the developer in
acquisition of the ~off-site" right-of-way,
the developer shall be relieved of the
obligation to acquire the "off-site" right-of-
way and shall provide the road improvements
within available right-of-way as determined by
the Transportation Department. (T)
Dedication. Ail roads that accommodate general
traffic circulation through the development (the
0~-719
08/25/04
"Public Roads"), as determined by the
Transportation Department, shall be designed and
constructed to VDOT standards and taken into the
State System. Prior to any site plan approval,
forty (40) foot wide rights of way for the Public
Roads shall be dedicated, free and unrestricted, to
and for the benefit of Chesterfield County. Prior
to the issuance of an occupancy permit, unless
otherwise approved by the Transportation
Department, the Public Roads shall be constructed
and approved for State acceptance. (T)
Restrictive Covenants. The following provisions
shall be contained in restrictive covenants which
shall be recorded for any single family
development. Further, the following provisions in
the restrictive covenants shall not be modified or
amended for a period of at least twenty (20) years
following recordation:
No unit shall be used except for residential
purposes.
bo
No accessory buildings shall be erected,
placed, or permitted on the premises.
No noxious or offensive activity shall be
carried on upon by any resident, nor shall
anything be done thereon which may be, or
become, an annoyance or nuisance to the
neighborhood.
do
No structure of a temporary character,
trailer, tent, shack, garage, or other
outbuilding shall be used at any time as a
residence either temporarily or permanently,
and to this end, any building to be
constructed in this development shall be
completed within one year from the issue date
of it's building permit.
eo
NO CAMPERS, HOUSiE TRAILERS, OR BOATS SHALL BE
PARKED on the premises, except for loading and
unloading activities. No skateboard platforms
and except as otherwise provided by applicable
law, large dish television antennae (exceeding
two feet in diameter), or television or radio
towers shall be placed on the premises. No
dish television antennae shall be wisible from
the street for the respective residence.
f o
No sign of any kind shall be displayed to the
public view on any yard except one
professional sign of not more than three
square feet and one sign of not more than five
square feet advertising the property for sale,
and one sign of not more than five square feet
a builder to advertise the property during the
construction and sales period.
No animals, livestock, or poultry of any kind
shall be raised, bred, or kept on any lot
except that dogs, cats, or other household
0~-720
08/25/04
pets may be kept therein if they are not kept,
bred, or maintained for any commercial
purposes.
No part of this development shall be used or
maintained as a dumping ground for rubbish,
trash, garbage, or other waste. No rubbish,
trash, garbage, and other waste shall be kept
by any unit except in sanitary containers, and
all equipment for the storage or disposal of
such material shall be kept in a clean and
sanitary condition. No central dumpsters
shall be provided.
Each and every covenant and condition herein
imposed may be enforced by the undersigned or
by the owner of any unit by appropriate
proceedings at law or in equity against any
party violating or attempting or threatening
to violate the same to prevent or rectify such
violation and to recover damages therefore.
j o
The covenants and conditions herein contained
shall run with the land and shall be binding
upon the subsequent owner or owners of all or
any unit and each and every portion of the
land shown on the plat and all parties
claiming through or under such owner or
owners.
ko
Ail dwelling units shall have washer and dryer
hookups.
Ail residential dwelling units shall have an
attached garage containing a minimum of 200
gross square feet. (P)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
16.
16 .A.
PUBLIC HEARINGS
TO CONSIDER AN ORDINANCE AMENDMENT RELATING TO
DEPARTMENT OF ENVIRONMENTAL ENGINEERING FEE CHANGE
Ms. Dickson stated this date and time has been advertised for
a public hearing for the Board to consider an ordinance
amendment relating to erosion and sediment control program
administration fees.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Barber, seconded by Mr. King, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 8-13 RELATING TO EROSION AND
SEDIMENT CONTROL PROGRAM ADMINISTRATION FEES
04-721
08/25/04
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 8-13 of tlhe Code of the County of
Chesterfield, 1997, as amended,
enacted to read as follows:
is amended and re-
Sec. 8-13. Fees.
(a) The applicant shall pay a program administration
fee to the county at the time that he submits to the
environmental engineer an erosion and sediment control plan.
The amount of the fee shall be:
(i)
For an erosion and sediment control plan for land
which is 10,000 square feet or larger and not
located in a proposed subdivision: $1,360.00, plus
$60.00 for each acre of land to be disturbed.
(ii) For an erosion and sediment control plan for land
which is 10,000 square feet or larger and located
in a proposed subdivision: $1,360.00, plus $60.00
for each lot.
(2) That this ordinance shall become effective immediately
upon a~option.
Ayes: i~iller, Barber, Humphrey, King and Warren.
Nays: None.
16.B. TO CONSIDER THE APPROPRIATION OF FUNDS IN FEDERAL
TITLE IV-E REVENUE MAXIMIZATION FUNDS
Mr. Hammer stated this date and time has been advertised for
a public hearing for the Board to consider the appropriation
of $576,142 in federal Title IV-E revenue maximization funds.
Mr. Miller called for public con~ent.
No one came forward to speak to the issue.
Mr. Barber expressed concerns relative to the possibility of
the county being required to repay the revenue maximization
funds if the federal government determines the state's
guidelines for use of the funds were inappropriate.
Mr. Hammer stated the county will have received a total of
approximately $2 million in revenue maximization funds with
this appropriation. He further stated state and county
audits have indicated that the use of the funds is
appropriate. He stated Mr. Barber's concerns are valid, but
he is only aware of one instance where repayment was
requested because of misused funds.
On motion of Mr. Barber, seconded by Mr. Warren, the Board
appropriated $576,142 in federal Title IV-E revenue
maximization funds.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
0~-722
08/25/04
16.C. TO CONSIDER AN ORDINANCE AMENDMENT RELATING TO HOME
OCCUPATIONS
Mr. Mike Janosik stated this date and time has been
advertised for a public hearing for the Board to consider an
ordinance amendment relative to home occupations. He further
stated the Planning Commission recommends the adoption of
ordinance amendment "A." He stated that, subsequent to the
Planning Commission's review, an issue was raised by the
Police Department concerning the prohibition against motor
vehicle towing, indicating that operators of towing vehicles
are required under county contract to respond to county
towing requests within specified time limits, which generates
the need for operators to park towing vehicles at their
residences. He further stated staff has not identified a way
to further restrict parking of tow vehicles without affecting
response times to county calls; therefore, staff recommends
the adoption of ordinance amendment "B" which continues to
allow motor vehicle towing as a permitted home occupation
subject to all restrictions pertaining to home occupations.
Discussion ensued relative to the parking of truck cabs and
school buses in residential areas.
In response to Board members' concerns, Mr. Micas stated
parking on the traveled portion of a road is prohibited. He
further stated unless there is a safety or sight distance
issue generated by a complaint, the Police Department does
not respond. He further stated truck parking on private
property is restricted through the zoning ordinance by weight
and number of axles.
Mr. Janosik stated zoning staff enforces illegal truck
parking on the premises and the Police Department does so on
the street.
Mr. Miller expressed concerns that he is seeing more trucks
being parked in neighborhoods.
Mr. Janosik noted that the proposed ordinance amendment would
provide for better zoning enforcement.
Mr. Miller called for public comment.
Ms. Andrea Epps stated it would be valuable for tow truck
drivers to have home access to get where they need to go
quickly, but believes their trucks should be screened or
covered.
Ms. Virginia Francis stated her neighbor has more than one
tow truck, a racecar and a rollback truck on the premises,
and she does not support tow trucks as a permissible home
occupation.
There being no one else to speak to the issue, the public
hearing was closed.
After brief discussion, on motion of Mr. King, seconded by
Mrs. Humphrey, the Board remanded the ordinance relating to
home occupations to the Planning Commission.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-723
08/25/04
16.D. TO CONSIDER THE LEASING OF COUNTY PROPERTY AT THE
CHESTER WATER TANK
Mr. Harmon stated this date and time has been advertised for
a public hearing for the Board to consider the leasing of
county property at the Chester Water Tank to Nextel
Communications.
Mr. Roger Hewitt, representing Nextel Communications, stated
he is here to answer any questions the Board might have.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mr. King, seconded by Mr. Barber, the Board
approved the leasing of county property at the Chester Water
Tank to Nextel Communications.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
16.E. TO CONSIDER THE SALE OF SURPLUS COUNTY PROPERTY ON OLD
STAGE AND OSBORNE ROADS
Mr. Harmon stated this date and time has been advertised for
a public hearing for the Board to consider the sale of
surplus county property on Old Stage and Osborne Roads.
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 an offer of $70,000 for the purchase of parcels of
land on Old Stage and Osborne Roads, authorized the Chairman
of the Board of Supervisors and the County Administrator to
sign the deed, and appropriated the net county proceeds for
the benefit of the Henricus Foundation.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS
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-
690-5223, 700-688-4363 and 701-689-Part of 1119 (Sheet 8).
04-724
08/25/04
Ms. Darla Orr presented a summary of Case 04SN0205 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. She further stated
that, subsequent to the Planning Commission's consideration
of the request, the applicant has revised Proffered
Conditions 4, 19 and 20 to limit the development to a maximum
of 215 dwelling units; increase the minimum lot size to
25,000 square feet for lots immediately adjacent to Genito
Road and along the western property line; and reduce the
transportation cash proffer because of the reduced number of
dwelling units. She noted the request conforms to the Upper
Swift Creek Plan. She stated staff has received seven
letters and a petition with 253 signatures opposing the
request.
When asked, Ms. Orr stated the request complies with the
Upper Swift Creek Plan, as amended in March 2000. She
further stated the 2000 amendment dealt primarily with
environmental concerns relative to phosphorous runoff. She
stated the 1991 Plan recommended development at 2.2 units per
acre and the 2000 amendment established that 2 units per acre
would be appropriate on properties that drained into the
Upper Swift Creek.
Mr. Andy Scherzer, representing the applicant, stated the
applicant crafted the proffered conditions to address staff
and neighborhood concerns. He reiterated that the proposal
complies with the current Upper Swift Creek Plan. He
highlighted transportation proffered conditions including
payment of the transportation cash proffer before the first
house is built; retaining right of way and providing for turn
lane transitions; and repaving the entire road along the
property frontage. He stated the county has plans to
construct a regional BMP in conjunction with Horner Park and
the Clover Hill Athletic Complex in this area, and the
applicant has agreed to maintain the .22 phosphorous removal
requirement on-site until the BMP is constructed. He further
stated the applicant has additionally agreed to maintain and
enhance, if necessary, two existing ponds on the subject
property as well as preserve the resource protection area
along Otterdale Branch. He stated the applicant has reduced
the density of the proposed development from 2 to 1.55 units
per acre. He further stated the applicant has agreed to
provide a 100-foot buffer in open space along Genito Road
that will be monitored by the homeowners association. He
stated the developer will provide public utilities for the
project. He further stated capacity is available at Grange
Hall Elementary School to accommodate additional students;
the proposed bond referendum will provide additional middle
school capacity; and Clover Hill High School's capacity
issues will be remedied upon completion of the Cosby Road
High School, noting that the applicant has agreed to provide
the full cash proffer for schools. He stated the Upper Swift
Creek Plan calls for development at the leaning edge of
development, which he believes in this case is demonstrated
by the existence of the park in proximity to the east and the
fact that there is only one property between the Summer Lake
development and the subject property; therefore, the proposal
does not represent leapfrog development. He further stated
the proffered conditions assure a quality development with
greenway corridors; larger size homes; larger lots on the
perimeter; curb and gutter; phased development which will not
begin until 2006; quality foundations; and rear and side
04-725
08/25/04
entry garages. He requested the Board's approval of the
proposed development and presented the Board with a letter
from M~f. George Marshall, who farmed the subject property for
several years, expressing support of the proposal.
When asked, Mr. Scherzer stated he does not know whether the
restrictive covenants address the Parking of tow trucks,
school buses, etcetera in the development, but deed
restrictions can be enhanced to include such a provision.
Mrs. Humphrey clarified that this case was filed on January
12, 2004, one month prior to her motion for the Board to
defer all new zoning applications that include residential
uses filed after February 11, 2004 in the Upper Swift Creek
Plan for one year and two days prior to Mr. Miller's
initia'zive, as newly elected Chairman, for the Board to
address growth management in the county.
When asked, Mr. Scherzer stated the applicant will provide
turning lanes for both entrances so that through movement
will not be prohibited.
Mr. Miller called for public comment.
Mr. David Schultz requested that members of the audience who
oppose the project stand, and approximately 60 people stood.
Ms. Lee Dillar expressed concerns that the builders are the
ones who must pay the proffers negotiated by the developers;
therefore, many of the builders who live in the county are
being !~riced out of existence.
Mr. Ted Lushch referenced excerpts from the Upper Swift Creek
Plan relative to phasing recommendations and expressed
concerns that he believes the proposed development is very
premature, indicating that the subject property is located
west cf the horizon line in the Phase 3 area of the Upper
Swift Creek Plan. He provided data relative to population
projections and housing units and stated 36 percent of the
land in Phase 1 is available for zoning and 71 percent of the
land in Phase 2 is available for zoning. He expressed
concerns relative to safety issues on Genito Road, noting
that large construction trucks will not be able to pass
school buses when they come from opposite directions in this
area. He expressed concerns relative to EMS response times
and school overcrowding in the area, indicating that he
believes a vote to approve this case is a vote to increase
taxes for county residents and violates the Board's
responsibility to provide for the health, safety and welfare
of its residents.
Mr. Bruce Moseley stated he believes approval of the request
will affect water quality in the county and also establish a
very ~angerous precedent. He stated although the cash
proffers are generous, they represent only a small amount of
what will be needed in the next five to ten years. He
expressed concerns relative to delayed fire, police and EMS
response times in the area of the proposed development,
indicating that additional traffic will make the response
times even slower. He stated he believes allowing any
rezoning in the area without a firm plan to accompany the
population growth would be irresponsible.
04-726
08/25/04
Ms. Kitty Snow expressed concerns relative to appalling
conditions at Swift Creek Middle School and stated even if
the bond referendum is successful, it will be a minimum of
three years before a middle school is built. She further
stated Grange Hall Elementary cannot accommodate trailers
because it does not have public water and sewer. She stated
she does not believe the 158 new students estimated to be
generated by the proposed development is correct and feels
the desperately needed schools should be planned for before
the Board considers rezoning requests.
Mr. Bob Herndon, a resident of Skinquarter Road, expressed
concerns that the current roads and bridges are not adequate
to handle the additional traffic that will be generated or
the construction traffic that will be required by the
proposed development. He noted that several accidents
involving large trucks have occurred on Otterdale and
Woolridge Roads recently and stated denial of the request
should be viewed as the beginning of systematic managed
growth and development that places a premium on the safety,
health and welfare of the county citizens.
Mr. David Webb, President of the FoxFire Homeowners
Subdivision, expressed concerns that the proposal is not in
compliance with the phased development section of the Upper
Swift Creek Plan. He requested that the Board provide policy
guidance to citizens regarding the criteria the developer
must meet in order to receive the approval of the Planning
staff and the Board. He stated approval of the request would
appear to be inconsistent with the actions approved by the
Board at the growth management meeting on June 25, 2004
regarding elimination of R-12 zoning in hot spots and
increasing cash proffers to $11,500. He expressed concerns
that approval of the request will send conflicting policy
signals from the Board to the citizens in the Upper Swift
Creek area regarding what it means to have a plan and what
conditions in the plan must be met before a development is
approved.
Mr. Tom Winfree stated he supports the proposed development,
indicating that he believes it will be a first-class
development. He further stated jobs will be created and
businesses will be patronized as a result of the project, and
the development will provide positive economic development in
the county. He noted the housing industry's success in the
past few years has bolstered the county's economy by
providing jobs and consumption of good and materials that go
into the production of homes.
Ms. Kathy Kirk stated the proposal represents a unique
opportunity for the Board to take action complying with the
Upper Swift Creek Plan and preventing the spread of
development west. She further stated the subject property is
recommended for agricultural or forestal uses until either
the horizon line is amended to include additional land or
until Phase II is built out. She stated the Plan is
currently under revision and Phase II is not built out,
indicating that she believes official action must be taken to
amend or revise the horizon line before taking action on the
request in order to comply with the Plan recommendations or
amend the line solely on the basis of public water and sewer
being provided by the developer. She requested that the
Board choose wisely and make its decision based on the Plan,
04-727
08/25/04
the current and future requirements of the community and the
most appropriate use of the land at this time. She stated
the horizon line was conceptualized based on population
projec~sions, density and housing units and had nothing to do
with the projected locations of water or sewer lines. She
further stated the Plan suggests the line can change shape if
public utilities are available and growth demands the need
for ~more land, indicating that at this time, the numbers do
not substantiate a move west of the line. She read an
excerpt from the Citizens' Handbook on Planning and Zoning in
Madison County, Virginia and stated the Board has the
authority to deny rezoning requests. She requested that the
Board deny the proposed development and reduce western sprawl
in the county.
Dr. Betty Hunter-Clapp, representing Hands Across the Lake,
expressed concerns relative to excessive water pollution
prior to and during construction and too much clearing and
not enough land stabilization in the Upper Swift Creek area.
She stated the poor erosion control makes sediment control in
this area a serious problem and urged the Board to consider
enviro~mmental issues when making a decision on this request.
She further stated that, after the construction is complete,
there are no measures to control hazardous materials on site.
She urged the Board to deny the case.
Mr. Jim Slaughenhaupt, President of Old Hundred Mill
Homeowners Association, expressed concerns relative to
capacity issues at Swift Creek Middle School and unsafe roads
and stated the area is not ready for this development.
Ms. Mandy Wilson, a resident of Hampton Park, expressed
concerns relative to health, safety and welfare issues in the
Upper Swift Creek area, including school overcrowding and the
need for additional bigger, better roads. She stated the
Comprehensive Plan should be an implied, if not expressed,
contract with current residents. She further stated the
proposed development does not conform to the Upper Swift
Creek Plan because the property is located in Phase III west
of the horizon line. She stated the Plan states that
development could occur in the Phase III area with adequate
provision of public facilities demanded by new development,
but these facilities do not exist. She requested that the
Board deny the case.
Mr. Peter Martin expressed concerns that Mount Hermon Road
cannot handle the trucks that will be generated by the
proposed development and requested that the Board deny the
case until the roads are in place to accommodate the
increased traffic.
Mr. Nat Wooding stated he does not support the proposed
development or any similar development in the Upper Swift
Creek area until the road network is considerably improved.
Ms. Marleen Durfee, representing the Task Force for
Responsible Growth, stated localities have the ability to
manage growth and requested that the Board get serious about
utilizing available growth management tools, including
denying or deferring zoning cases when a plan is under
revision. She further stated the Upper Swift Creek Plan
recommends sequential development of land adjoining areas
already developed, indicating that there is vacant
04-728
08/25/04
agricultural land north, south, east and west of the subject
property. She stated 100 percent of the schools in the Upper
Swift Creek Area are well over capacity, and one new middle
school proposed for the bond referendum will not be
sufficient. She noted that 92 percent of the rezoning in
the Upper Swift Creek Area has been residential and expressed
concerns relative to the balance between commercial and
residential development called for in the Plan. She stated
facilities and services are not being provided to keep up
with current demand. She further stated Mr. Wayne Bass,
Matoaca District Planning Commissioner, provided detailed
information as to why the proposed development does not
conform with the Plan and requested that the Board deny the
request.
Ms. Andrea Epps expressed concerns that Grange Hall
Elementary School will be overcrowded within two years and
Swift Creek Middle School is ~bordering insane." She stated
the Plan indicates that an elementary school, a middle school
and a fire station should be located on Genito Road long
before development occurs beyond the horizon line and
requested that the Board deny the case.
Mr. Scherzer stated staff has indicated that the proposal
complies with the Upper Swift Creek Plan, indicating that the
horizon line is not a precise boundary. He further stated
the applicant is providing its fair share for infrastructure,
as well as providing for additional improvements and phasing
of development. He stated the proposal includes a lower
density and many additional proffered amenities that the
Rockview proposal approved in January 2004 did not include.
He stated Mr. Balsamo is a small developer who lives in the
county and would like the opportunity to create a quality
development and requested that the Board approve the case and
give him this opportunity.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Miller requested a ten-minute recess.
Reconvening:
In response to Mrs. Humphrey's questions, Ms. Orr stated
staff's original recommendation in the Upper Swift Creek Plan
was that development should occur in Phase 2 at 2.5 dwelling
units per acre. She noted the 64,000 projected population
was based on 2.5 dwelling units per acre and also still
allowed for an additional 50 percent of land area within
Phase 2 to accommodate market anomalies, indicating that
64,000 is merely a population projection used to show the
concept of an orderly growth pattern and not intended to
represent an exact boundary that would halt development in
this area of the county as stated in the Plan. She further
stated the purpose of the Plan is to promote orderly
development in the area, noting that the Plan speaks to the
fact that the horizon line is not an exact boundary and there
can be fluctuations as public utilities are provided. She
noted the proposed development complies with the Upper Swift
Creek Plan, meets the densities suggested by the Plan, and
provides for orderly development by providing for public
04-729
08/25/04
utilities, therefore not encouraging leapfrog development but
more of an orderly pattern of development.
Mrs. Humphrey called forward Ms. Cynthia Owens-Bailey,
Director of Planning for Chesterfield County Public Schools
to answer questions regarding school issues in this area.
Ms. Cynthia Owens-Bailey confirmed that an elementary school
is proposed for the November 2004 bond referendum to open in
2008 as a reliever for Grange Hall and Spring Run Elementary
Schools. She also confirmed that a middle school is proposed
for the bond referendum primarily as a reliever for Swift
Creek Middle School. She stated the opening enrollment of
the proposed new schools cannot be projected until the
boundaries have been determined. She further stated the
projections will also depend upon how quickly development
occurs in this area of the county.
In response to Mrs. Humphrey's question, Mr. McCracken stated
the cash proffer provided by the developer for transportation
will be restricted to the traffic shed in this vicinity of
Genito Road.
Mrs. Humphrey stated Gentio Road will have a systematic
improvement process through growth and expressed concerns
that Mount Hermon Road will be lost in the process even
though it will be a primary connector between the Genito Road
Corridor, Moseley and Midlothian. She requested that Mount
Hermon Road be addressed in the revision of the Upper Swift
Creek Plan as well as in a potential commercial zoning
reques~ on Midlothian Turnpike in the far western Midlothian
area. She stated a genuine concern has been expressed by
Moseley residents that Moseley not get lost as the Upper
Swift Creek Plan is revised. She requested that staff
schedule a community meeting at Mount Hermon Church around
the end of September or first of October for Moseley
residents to receive information and provide input for
crafting revisions to the Plan. She stated that although the
erosion control concerns expressed are valid, most of the
property is open pasture with built-in pond mechanisms and a
100-foot buffer will be provided around the stream.
In response to Mrs. Humphrey's question, Ms. Orr stated staff
has never made a recommendation to deny a zoning request
based on EMS response time.
Mr. Barber inquired whether a proposed middle school will be
sited east of Route 288 or in the western area of the county.
Ms. Owens-Bailey stated staff is looking at school sites
generally either east of, or in the vicinity of the Route 288
Corridor.
Mr. Warren noted the urban planning knowledge level of county
citizens is increasing tremendously.
In response to Mr. Warren's question regarding the location
of the subject property, Mr. Turner stated it is a matter of
interpretation of the Plan. He further stated the property
is shown to be within Phase 3, but the Plan gives staff the
discretion to determine the boundary between Phase 2 and
Phase 3. He stated staff has determined in this case that
with the provision of public utilities, it should be
04-730
08/25/04
appropriately located within Phase 2. He stated the boundary
line is shown as a zigzag on the map to indicate that it is
not an exact location.
Battalion Chief Michael Hatton
questions from Mr. Warren.
came forward to answer
Chief Hatton stated the closest fire station to the proposed
development is Swift Creek Fire Station, which is located six
to seven miles from the development. He further stated the
department has a response goal of six minutes for fire and
EMS in priority one calls in the urban corridor. He stated
fire/EMS response data in the vicinity of this site indicate
that response time averages 12 to 14 minutes. He further
stated at this time there are no projected new fire
facilities for this area through 2022. He stated it is
reasonable to assume that response times could decrease
significantly by 2022 if additional development continues to
occur in the area.
Mr. Warren then called forward Mr. McCracken to answer
questions relative to transportation issues.
Mr. McCracken stated there are no significant road
improvements proposed for the Moseley area in the six-year
plan. He further stated the roads in this area do not have
shoulders and are in need of improvements. He stated the
approximate cost for providing these improvements is $7
million per mile. He further stated the developer is
providing the turn lane and shoulder improvements for the
entire road frontage and has also agreed to overlay the
entire road. He stated the developer has agreed to provide
$760,000 based on the proposed density up front to address
transportation improvements.
Mr. Warren expressed concerns that the developer is only
providing approximately one-seventh of the total cost of
improving the one-mile stretch of Genito Road. He then
inquired about the number of additional students predicted
for the upcoming school year.
Ms. Owens-Bailey stated approximately
students are anticipated this year.
1,000 additional
In response to Mr. Warren's question, Mr. Turner estimated
that approximately 2,500 new homes are being built annually.
When asked, Ms. Owens-Bailey stated an additional middle
school is being proposed for 2009. She further stated she
believes the proposed development will add to the already
overcrowded schools.
Mr. Warren referenced a letter from Senator Stephen Martin
regarding denying zoning on the basis of inadequate public
facilities and inquired whether the Board can deny zoning
cases based upon public health, safety and welfare issues.
Mr. Micas stated the Board has the ability to deny zoning
applications if there are concerns about health, safety and
welfare. He further stated the Board has wide discretion in
exercising its ability to approve or not approve zoning.
Mr. Warren stated the fire/EMS response time, school
overcrowding and transportation issues will worsen as a
0~-731
08/25/04
result of the proposed development and he believes these are
issues of public health, welfare and safety.
Mr. King stated those who are fortunate enough to own homes
in a pristine environment such as the Moseley area might have
to give up something such as better roads and EMS response
times. He inquired whether modest redistricting could
provide relief for school overcrowding in the Upper Swift
Creek and adjacent areas for ten years.
Ms. Owens-Bailey stated ideally relief could be provided for
ten years; however, it will depend upon how rapidly
development continues in the area.
In response to Mr. King's question, Ms. Owens-Bailey
acknowledged that school overcrowding has been an issue in
the county for over 50 years now.
Mr. King expressed concerns relative to an article in the
Times-Dispatch referring to how he would vote in this case,
indicazing that he was outraged by the untruthfulness of the
article and the fact that he and Mr. Miller's integrity was
questioned. He stated he believes in citizens' property
rights and use of the Comprehensive Plan. He further stated
it is reasonable that a zigzag line indicates discretion. He
stated, as a pro-business advocate, he has taken issue with
the Planning Commission and staff's recommendation on
numerous occasions. He further stated, since being elected
to the Board of Supervisors, he has a greater appreciation
for the knowledge of staff and has great confidence in both
staff and the Bermuda District Planning Commissioner,
indicating that his decision will be based upon principle.
Discussion ensued relative to the opening dates for the
proposed new middle schools.
Ms. Owens-Bailey stated it is her understanding the two new
middle schools will begin construction in 2007 and open in
2009.
Mr. Barber requested that Ms. Owens-Bailey confirm this
information with the School Board because he was under the
impression that the middle schools would open sooner than
2009. He stated he tries to apply a consistent set of
circumstances for all zoning cases, indicating that the
Planning Commission and staff's recommendation is important
as well as whether the proposal conforms to the land use
plan. He further stated he consistently voted to deny the
four zoning cases proposed for the deferred growth area,
noting that staff has indicated that the proposed development
complies with the Plan and is not located in the deferred
growth area. He stated the Board has initiated review of the
Upper Swift Creek Plan and deferred residential rezoning
requests filed after February 2004 for one year, but this
does not appear to be enough for the residents. He further
stated the key to making projections is not what zoning is
approved, but the number of building permits issued,
indicating that growth and building permits issued has not
been concentrated in one area, but very widespread throughout
the county.
Mr. Warren noted the Clover Hill District has grown at half
the rate of any of the other four districts in the past ten
04-732
08/25/0~
years. He stated, although the applicant has done a
wonderful job with the proposed development, he believes the
proposed development is premature. He further stated, even
if the proposed development is technically in compliance with
the Plan, the Board can deny it on the basis of health,
safety and welfare issues. He stated the roads in this area
are inadequate, schools are overcrowded, borderline EMS
response times are worsening, and environmental concerns
exist because of the lack of a regional BMP, indicating he
plans to vote to deny the request.
In response to Mr. Miller's questions, Mr. Turner stated in
his interpretation of the Upper Swift Creek Plan, he sees the
proposed development as orderly development facilitated by
the infrastructure the county has put into place to support
development in this area of the county. He further stated
the cash proffers offered are in accordance with the Board's
policy. He stated, in his opinion, the project has all of
the necessary safeguards to protect the county's water
resources, particularly the Swift Creek Reservoir.
In response to Mr. Miller's questions, Mr. McCracken stated
that transportation cash proffers are in accordance with the
Board's policy and adequately address the transportation
needs of the county.
Mr. Miller stated he, too, was outraged that both he and Mr.
King's integrity was challenged in a Times-Dispatch article
regarding their decision on this case. He further stated he
respects the Planning staff and sees nothing but competence
in their recommendation. He stated the applicant has met
every requirement of law and provided proffered conditions in
accordance with the Board's policy, and he will support a
motion to approve the request because there has been no
persuasive evidence not to support it.
Mrs. Humphrey stressed the importance of the Moseley
community's individual input into the revision of the Upper
Swift Creek Plan. She stated the applicant has lowered the
density of the proposed development in response to citizens'
concerns and also provided $750,000 upfront for road
improvements. She further stated she appreciates staff
interpreting the horizon line. She noted it is imperative
that the Board be consistent in deferring zoning cases,
indicating that three of the five cases that existed in the
Upper Swift Creek area before the February 2004 deferral of
residential zoning cases have already been approved, and it
would be consistent to approve this case as well since it is
consistent with the Plan, is in accordance with the Board's
cash proffer policy, and has a recommendation for approval
from both the Planning Commission and staff.
Mrs. Humphrey then made a motion, seconded by Mr. Barber, for
the Board to approve Case 04SN0205 and accept the following
proffered conditions:
The public water and wastewater systems shall be used.
(u)
o
The applicant, subdivider, or assignee(s) shall pay the
following to Chesterfield County, for infrastructure
improvements within the service district for the
property.
04-733
08/25/04
ao
C o
Prior to the time of issuance of a building permit
for each dwelling unit, the applicant, subdivider,
or assignee(s) 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,
$9,000.00; or
bo
if payment is made after June 30, 2004, the
amount approved by the Board of Supervisors
not to exceed $9,000.00 per dwelling unit
adjusted upward by any increase in the
Marshall and Swift Building Cost Index between
July 1, 2003, and July 1 of the fiscal year in
which the payment, is made.
At the option of the Transportation Department
exercised pursuant to proffer no. 20 below, and in
lieu of the amounts set forth in proffer no. 2.A
above, the applicant, subdivider, or assignee(s)
shall pay to the County of Chesterfield prior to
the time of issuance of a building permit for each
dwelling unit, the following amounts for
infrastructure improvements (excluding
transportation) within the service district for the
property:
a. if payment is made prior to July 1, 2004,
$5,453; or
bo
if payment is made after June 30, 2004, the
amount approved by the Board of Supervisors
not to exceed $5,453 per dwelling unit
adjusted upward by any increase in the
Marshall and Swift Building Cost Index between
July 1, 2003, and July i of the fiscal year in
which the payment is made.
At the option of the Transportation Department the
cash proffer payment may be reduced for road
improvements by an amount not to exceed the amount
that would be paid in cash proffers for the road
component, exclusive of those road improvements
identified in Proffered Condition 11, performed by
the applicant, subdivider, or assignee(s), as
determined by the Transportation Department.
In the event the cash payment is not used for which
proffered within 15 years of receipt, the cash
shall be returned in full to the payor.
Should any impact fees be imposed by Chesterfield
County at any time during the life of the
development that are applicable to the property,
the amount paid in cash proffers shall be in lieu
of or credited toward, but not be in addition to,
any impact fees, in a manner determined by the
County. (B&M)
04-734
08/25/04
o
o
o
o
o
o
o
10.
11.
A one hundred (100) foot buffer shall be provided along
Genito Road. This buffer shall be located within
recorded open space and shall comply with the
requirements of the Subdivision Ordinance. (P)
The total number of residential dwelling units allowed
on the Property shall not exceed 215 dwelling units.
Ail dwelling units shall have a minimum gross floor area
of 2500 square feet. (BI & P)
Ail dwelling units that provide a garage shall employ
rear or side entry garage designs. (BI & P)
Ail exposed portions of the foundation and exposed piers
supporting front porches of each new dwelling unit shall
be faced with brick or stone veneer or exterior
insulation and finishing systems (EIFS) materials. (BI
& P)
Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices installed. (EE)
Direct access from the property to Genito Road shall be
limited to two (2) public roads. The exact location of
these accesses shall be approved by the Transportation
Department. (T)
In conjunction with the recordation of the initial
subdivision plat, forty-five (45) feet of right of way
on the south side of Genito Road, measured from the
centerline of that part of Genito Road immediately
adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
To provide an adequate roadway system at the time of
complete development, the owner/developer shall be
responsible for the following:
a o
Construction of additional pavement along Genito
Road at each approved access to provide right and
left turn lanes, if warranted, based on
Transportation Department standards;
bo
Widening/improving the south side of Genito Road to
an eleven (11) foot wide travel lane, measured from
the existing centerline of the road, with an
additional one (1) foot wide paved shoulder plus a
seven {7) foot wide unpaved shoulder, and
overlaying the full width of the road with one and
a half (1.5) inch of compacted bituminous asphalt
concrete, with any modifications approved by the
Transportation Department, for the entire property
frontage except along the eastern part of the
property that is approximately forty-five (45) feet
in width;
04-735
08/25/04
12.
13.
14.
Dedication to Chesterfield County, free and
unrestricted, any additional right-of-way (or
easements) required for the improvements identified
above. In the event the developer is unable to
acquire any "off-site" right-of-way that is
necessary for any improvement described in proffer
condition 11, the developer may request, in
writing, that the County acquire such right-of-way
as a public road improvement. All costs associated
with the acquisition of the right-of-way shall be
borne by the developer. In the event the County
chooses not to assist the developer in acquisition
of the ~off-site" right-of-way, the developer shall
be relieved of the obligation to acquire the "off-
site" right-of-way and shall provide the road
improvements within available right-of-way as
determined by the Transportation Department. (T)
Prior to any construction plan approval, a phasing plan
for the required road i~provements, as identified in
Proffered Condition 11, shall be submitted to and
approved by the Transportation Department. (T)
Public Roads shall be constructed with concrete curt) and
gutter, with the exception of non lot frontage roads
~ich shall be permitted to be constructed with road
side ditch. (EE)
Aa a minimum, the following restrictive covenants shall
be recorded for the development.
Architectural Board - The Architectural Board shall have
exclusive jurisdiction over all original construction,
modifications, additions or alterations made on or to
all existing improvements, and the open space, if any,
a[~purtenant thereto on all property. It shall prepare
and, on behalf of the Board of Directors, shall
promulgate design and development guidelines and
application and review procedures, all as part of the
design and environmental standards. The standards shall
incorporate all restrictions and guidelines relating to
development and construction contained in this
Declaration as well as restrictions and guidelines with
respect to location of structures upon property, size of
structures, driveway and parking requirements,
foundations and length of structures, and landscaping
requirements. Copies shall be available from the
Architectural Board for review. The guidelines and
procedures shall be those of the Association, and the
Architectural Board shall have sole and full authority
to prepare and to amend the standards available to
Owners, builders, and developers who seek to engage in
development of or construction upon property within
their operations strictly in accordance therewith. The
Architectural Board shall initially consist of three (3)
members, all appointed by the Declarant. At such times
as fifty percent (50%) of all property within subject
property has been developed, improved, and conveyed to
purchasers in the normal course of development and sale,
the Board of Directors of the Association shall have the
right to appoint a maximum of two (2) additional
members. At no time shall the Architectural Board have
fewer than three members nor more than five (5) members.
0~-736
08/25/04
At such time as one hundred percent (100%) of all
property has been developed, improved, and conveyed to
purchasers in the normal course of development and sale,
the Board of Directors shall appoint all members of the
Architectural Board. The declarant may, at his option,
delegate to the Board of Directors its right to appoint
one or more members of the Architectural Board. At all
times, at least one (1) member of the Architectural
Board shall be a member of the Association, and at least
one (1) member shall be an architect licensed to
practice in the State of Virginia, who shall also be the
Chairperson.
Mailboxes - Every improved lot shall be required to have
a mailbox with supporting post and streetlight of design
and installation as specified in the standards. Each
lot owner shall be responsible for the maintenance and
operation of the fixture, support, and mailbox.
Parking - Each property owner shall provide space for
the parking of automobiles off public streets prior to
the occupancy of any building or structure constructed
on said property in accordance with the standards.
Signs - No signs shall be erected or maintained on any
property by anyone including, but not limited to, the
owner, a realtor, a contractor, or a subcontractor,
except as provided for in the standards or except as may
be required by legal proceedings. Residential property
identification and like signs not exceeding a combined
total of more than one (1) square foot may be erected
without the written permission of the Declarant or the
Association.
Condition of Ground - It shall be the responsibility of
each property owner and tenant to prevent the
development of any unclean, unsightly, or unkempt
conditions of buildings or grounds on such property,
which shall tend to substantially decrease the beauty of
the neighborhood as a whole or the specific area.
Minimum Square Footage - No plan required under these
Covenants will be approved unless the proposed house or
structure has a minimum square footage of enclosed
dwelling space as specified in the standards. Such
minimum requirement for each lot will be specified in
each sales contract and stipulated in each deed. The
term ~enclosed dwelling area" as used in these minimum
size requirements does not include garages, terraces,
decks, open porches, and the like areas.
Residential Use -
so
Ail lots shall be used for residential purposes
exclusively. The use of a portion of a dwelling on
a lot as an office by the owner or tenants thereof
shall be considered a residential use if such use
does not create customer or client traffic to and
from the lot. No structure, except as herein after
provided, shall be erected, altered, placed, or
permitted to remain on any lot other than one (1)
detached single family dwelling and one (1)
accessory building which may include a detached
04-737
08/25/04
private garage, provided the use of such accessory
building does not overcrowd the site and provided
further that such building is not used for any
activity normally conducted as business. Such
accessory building may not be constructed prior to
the construction of the main building.
A guest suite or like facility without a kitchen
may be included as part of the main dwelling or
accessory building, but such suite may not be
rented or leased except as part of the entire
premises including the main dwelling and provided,
however, that such suite would not result in
overcrowding of the site.
C ·
The provisions of this paragraph shall not prohibit
the Developer from using a house as a model as
provided in this Declaration.
Exterior Structure Completion - The exterior of all
houses and other structures must be completed within one
(1) year after the construction of same shall have
c~Dmmenced, except where such completion is impossible or
would result in great hardship to the owner or builder
due to the strikes, fires, national emergency,, or
natural calamities. Houses and other dwelling
structures may not be temporarily or permanently
o3cupied until the exteriors thereof have been
cgmpleted. During the continuance of construction the
owner of the lot shall require the contractor to
m~intain the lot in a reasonable clean and uncluttered
cgndition.
S~reened Areas - Each lot owner shall provide a screened
area to serve as a service yard and an area in which
g~rbage receptacles, fuel tanks, similar storage
receptacles, electric and gas meters, air conditioning
e~uipment, clotheslines, and other unsightly objects
must be placed or stored in order to conceal them from
view from the road and adjacent properties. Plans for
such screened area delineating the size, design,
texture, appearance, and location must be approved by
the Architectural Board prior to construction. Garbage
receptacles and fuel tanks may be located outside of
such screened area on].y if located underground.
Vehicle Storage - No mobile home, trailer, tent, barn,
or other similar out-building or structure shall be
placed on any lot at any time, either temporarily or
permanently. Boats, boat trailers, campers,
recreational vehicles, or utility trailers may be
maintained on a lot, but only when in an enclosed or
screened area approved by the Architectural Board such
that they are not generally visible from adjacent
properties.
Temporary Structures - No structure of a temporary
character shall be placed upon any lot at any time
provided, however, that this prohibition shall not apply
to shelter or temporary structures used by the
contractor during the construction of the main dwelling
house, it being clearly understood that these latter
temporary shelters may not at any time be used as
0~-738
08/25/0~
residences or permitted to remain on the lot after
completion of construction. The design and color of
structures temporarily placed on the lot by a contractor
shall be subject to reasonable aesthetic control by the
Architectural Board.
Antennas - No television antenna, radio receiver or
sender, or other similar device shall be attached to or
installed on the exterior portion of any building or
structure or any lot, except as permitted by applicable
law and except that should cable television services be
unavailable and good television reception not be
otherwise available, a lot owner may make written
application to the Association for permission to install
a television antenna and such permission shall not be
unreasonably withheld.
Further Subdivision - No lot shall be subdivided or its
boundary lines changed, nor shall applications for same
be made to Chesterfield County, except with the written
consent of the Declarant. However, the Declarant hereby
expressly reserves to itself, its successors, or assigns
the right to replat any lot or lots owned by it and
shown on the plat of any subdivision in order to create
a modified building lot or a replatted lot suitable and
fit as a building site including, but not limited to,
the recreational facilities, and other amenities to
conform to the new boundaries of said replatted lots,
provided that no lot originally shown on a recorded plat
is reduced to a size smaller than the smallest lot shown
on the first plat of subdivision. However the
interpretation of the paragraph shall not prohibit the
combining of two (2) or more contiguous lots into one
(1) larger lot, only the exterior boundary lines of the
resulting larger lot shall be considered in the
interpretation of these covenants.
Animals - Only common household pet animals shall be
permitted. All pet animals must be secured by a leash
or lead, or be under the control of a responsible person
and obedient to that person's command at any time they
are permitted outside a residence or other enclosed area
upon a lot approved by the Architectural Board for the
maintenance and confinement of pet animals. No
livestock including cattle, horses, sheep, goats, pigs,
or poultry shall be permitted upon any lot. After
giving a lot owner written notice of complaint and
reasonable opportunity to remedy the situation, the
Board of Directors may order the removal of any pet,
which has been a nuisance or a danger.
Motor Bikes Ail Terrain Vehicles - No motor bikes,
motorcycles, or all terrain vehicles shall be driven
upon the common area, lots, or roads (unless properly
licensed on roads) with the exception of licensed
vehicles and mopeds which shall be operated solely upon
the public streets for direct ingress and egress
purposes only.
External Lighting - No external lighting shall be
installed or utilized on any property, which is of such
character, intensity, or location as to interfere with
the use, enjoyment, and privacy of any lot or owner in
04-739
08/25/04
15.
the near vicinity. No neon or flashing lights shall be
permitted. Ail external lighting shall be approved by
the Architectural Board as appropriate in size,
location, color, and intensity.
Swimming Pools - No swimming pool, whether in ground or
above ground, whether permanent or temporary, shall be
installed upon any lot without the prior written consent
of the Architectural Board. The Architectural Board
shall require that all swimming pools be adequately
screened.
~les and Regulations - The Board of Directors is
granted and shall have the power to promulgate rules and
regulations, from time to time, governing the use of and
activity upon the Common Area and the Recreational
Facilities (if the Recreational Facilities are owned or
leased by the Association). Ail rules and regulations
promulgated by the Board of Directors shall be published
and distributed to each member of the Association at
least thirty (30) days prior to their effective date.
(e)
Tine two (2) southern most existing ponds shall be
retained. (EE)
16. Development on the Property shall be phased as follows:
17.
18.
19.
20.
C ·
No lots shall be recorded prior to January 1, 2006
No more than one hundred (100) lots shall be
recorded prior to January 1, 2007.
No more than a cumulative total of two hundred
(200) lots shall be recorded prior to January 1,
2008.
The remaining lots shall be recorded after January
1, 2oo8. (P)
The developer shall provide a trail along the length of
Otterdale Branch fromm the eastern to western parcel
boundaries. The exact length, width and treatment of the
trail shall be approved by the Parks and Recreation
Department. The trail shall be dedicated to the county
or an easement granted to the county, or shall be owned
and maintained by the Homeowners Association. (P&R)
Temporary sediment basins shall remain in place and/or
new BMP's constructed to achieve the 0.22 phosphorous
standard until the downstream regional BMP into which
the development will drain has been constructed. (EE)
Ail lots shall have a minimum lot area of 15,000 square
feet except that any lot immediately adjacent to Genito
Road and any lot along the Western Property line
adjacent to Tax ID# 698-689-6647 shall have a minimum
lot area of 25,000 square feet. (P)
At the option of the Transportation Department, which
option shall be exercised in writing no earlier than the
recordation of a subdivision plat and no later than the
issuance of a building permit, the applicant,
subdivider, or assignee(s) shall comply with the
obligations of proffer no. 2.B and, also shall either:
(i) pay to the County of Chesterfield the sum of
04-740
08/25/04
$763,000 for transportation improvements describe below
or (ii) provide the County with a bond or surety, in a
form acceptable to the County Attorney, in the amount of
$763,000 that shall provide for payment of the $763,000
to the County within thirty (30) days of written request
by the Transportation Department. In either event, the
$763,000 payment shall be used by the County for the
construction of Genito Road improvements within Traffic
Shed No. 6. (T)
Ayes: Miller, Barber, Humphrey and King.
Nays: Warren.
18. ADJOURNMENT
On motion of Mr. Barber, seconded by Mr. King, the Board
adjourned at 11:58 p.m. until September 22, 2004 at 3:30 p.m.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
County Administrator
Kelly E. ~iller
Chairman
04-741
08/25/04