03-09-2005 MinutesBOARD OF SUPERVISORS
MINUTES
March 9, 2005
Supervisors in Attendances
Mr. Edward B. Barber, Chairman
Mr. R. M. "Dickie" King, Jr.,
Vice Chairman
Mrs. Renny Bush Humphrey
Mr. Kelly E. Miller
Mr. Arthur S. Warren
Mr. Lane B. Ramsey
County Administrator
Staff in Attendances
Lt. Col. James Bourque,
Police Department
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Mr Craig Bryant, Dir.,
Utilities
Dr Billy Cannaday, Jr.,
Supt., School Board
Ms Marilyn Cole, Asst.
County Administrator
Ms Mary Ann Curtin, Dir.,
Intergovtl. Relations
Ms Rebecca Dickson, Dir.,
Budget and Management
Mr William Dupler,
Building Official
Mr. Robert Eanes, Asst. to
the County Administrator
Ms. Lisa Elko, CMC
Clerk
Ms. Karla Gerner, Dir.,
Human Resource Mgmt.
Ms. Martha Geisen, Asst.
Dir., Real Estate
Assessments
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr John W. Harmon,
Right-of-Way Manager
Lt Walter Heath,
Sheriff's Office
Mr Joseph A. Horbal,
Commissioner of Revenue
Mr H. Edward James,
Dir., Purchasing
Mr Donald Kappel, Dir.,
Public Affairs
Mr Louis Lassiter, Dir.,
Internal Audit
Ms Mary Lou Lyle, Dir.,
Accounting
Mr. Michael Mabe, Dir.,
Libraries
Acting Chief Paul Mauger,
Fire and EMS Dept.
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
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Mr. Steven L. Micas,
County Attorney
Mr. F. O. Parks, Dir.,
Information Systems Tech.
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. Kirk Turner, Dir.,
Planning
Mr. B. R. Wilkinson,
License Inspector
Mr. Barber called the regularly scheduled meeting to order at
3:30 p.m.
1. APPROVAL OF MINUTES FOR FEBRUARY 15, 2005 (MEETING WITH
LEGISLATORS) AND FEBRUARY 23, 2005 (REGULAR MEETING)
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved the minutes of February 15, 2005 and February 23,
2005, as submitted.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
There were no County Administrator's comments at this time.
3. BOARD COMMITTEE REPORTS
Mrs. Humphrey stated three athletes, Mr. William Henderson,
Mr. James Farrior and Mr. Rudi Johnson, who began their
careers in the Chesterfield Quarterback League, recently
participated in the National Football League's Pro Bowl. She
further stated Chesterfield County is probably the only
locality in the nation to have the distinction of having
three professional athletes participate in one Pro Bowl game
in the history of the National[ Football League.
REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE
ORDER OF PRESENTATION
On motion of Mr. Miller, seconded by Mr. Warren, the Board
added Item 8.A.6.i., Request for Permission From William B.
DuVal and Gene H. DuVal for Two Driveways to Encroach Within
a Fifty-Foot Right of Way Known as Perdue Avenue; deleted
Item 8.A.8.a., Request to Quitclaim a Portion of a Variable
Width Virginia Department of Transportation Sight Distance
Easement Across the Property of 360 Toyota, L.L.C.; replaced
Item 11., Closed Session Pursuant to Section 2.2-3711(A) (7),
Code of Virginia, 1950, as Amended, for Consultation with
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Legal Counsel Regarding the Judgment in the Case of Scott V.
Hechler v. County of Chesterfield; Consultation with Legal
Counsel Regarding the Use of Eminent Domain to Acquire a
Middle School Site Pursuant to Section 2.2-3711(A) (7) and
Discussion of the Acquisition of Real Property for a
Middle/Elementary School Site Because Discussion in an Open
Meeting Would Adversely Affect the Negotiating Strategy of
the County Pursuant to Section 2.2-3711(A) (3); and adopted
the Agenda, as amended.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
o
RESOLUTIONS AND SPECIAL RECOGNITIONS
RECOGNIZING THE CONTRIBUTION OF AUSTIN BROC~TBROUG~
AND ASSOCIATES TOWARDS DEVELOPMENT OF T~
CE~TrEK DEMONSTRATION FITNESS TRAIL
Mr. Golden introduced Ms. Carrie Langelotti, Mr. Gerald Augst
and Mr. Bruce Sadler, representing Austin Brockenbrough and
Associates, who were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, community service and voluntarism are some of
the greatest assets of Chesterfield County; and
WHEREAS, community partnerships are the foundation for
the success of the trail development; and
WHEREAS, Austin Brockenbrough and Associates, L.L.P. has
contributed to Chesterfield County's economic development by
providing high quality engineering designs of many county
facilities such as schools, utilities, fire stations, parks
and roads; by providing engineering services to local,
private clients; and by employing county residents; and
WHEREAS, Austin Brockenbrough and Associates will
observe its 50th anniversary in 2005 as a multi-disciplinary
engineering and surveying firm which offers civil,
mechanical, electrical and structural engineering services
to government, industrial, commercial and private clients;
and
WHEREAS, Austin Brockenbrough and Associates recognizes
Chesterfield County as being a great place to do business and
a great place to live; and
WHEREAS, Austin Brockenbrough and Associates wishes to
give back to those who have helped them most - their
community, clients and employees, and plans to celebrate by
participating and hosting numerous events, including donation
of services to Chesterfield County and working with L. C.
Bird High School students on the new Chesterfield County
Government Center Demonstration Fitness Trail; and
WHEREAS, Austin Brockenbrough and Associates has agreed
to donate surveying and design services valued at over
$30,000, toward development of the trail.
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NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 9th day of March 2005,
publicly recognizes and expresses its gratitude, on behalf of
the county, to Austin Brockenbrough and Associates, L.L.P.,
for its many contributions.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
Mr. Miller presented the executed resolution to Ms.
Langelotti, accompanied by Mr. Augst, Mr. Sadler and Mr.
Golden, and expressed appreciation for Austin Brockenbrough's
generous donation that will provide county employees and area
residents a unique wellness resource.
Ms. Langelotti expressed appreciation to the Board for the
recognition, and stated she has enjoyed working on the
project with Parks and Recreation and L. C. Bird High School.
5.B. RECOGNIZING THE CONTRIBUTION OF LUCK STONE CORPORATION
TOWARDS DEVELOPMENT OF THE GOVERNMENT CENTER
DEMONSTRATION FITNESS TRAIL
Mr. Golden introduced Mr. Mark Endries, representing Luck
Stone, who was present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, community service and voluntarism are some of
the greatest assets of chesterfield county; and
WHEREAS, Luck Stone wishes to give back to those who
have helped them most - their community, clients and
employees; and
WHEREAS, Luck Stone has contributed to chesterfield
county's economic development through providing high quality
stone products for many county facilities and by employing
county residents; and
WHEREAS, community partnerships are the foundation for
the success of the trail development; and
WHEREAS, Luck Stone has agreed to donate 2,000 tons of
gravel valued at over $11,000 toward construction of the
trail.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes and commends
luck stone and its employees for their civic leadership and
generous support for the public trails effort at the
Government Center Complex.
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AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Luck Stone and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
Mr. King presented the executed resolution to Mr. Endries,
accompanied by Mr. Golden, and expressed appreciation for
Luck Stone's generous donation.
Mr. Endries stated Luck Stone is happy to be a participant in
the development of the Government Center trail.
6. WORK SESSION
o COUNTY ADMINISTRATOR,S FY2006 BIENNIAL FINANCIAL pT.mN
PRESENTATIONS
6.A. PROPOSED FY2006 EXPENDITURE BUDGET
Mr. Carmody presented an overview of the FY2006 proposed
expenditure budget. He reviewed trends in the demand for
services from FY1995 through FY2004 and growth in Emergency
Medical Services (EMS) responses from FY1998 through FY2004.
He stated the proposed budget assumes that the tax rates will
remain unchanged in all categories, with the addition of one
new tax category and rate for specially equipped vehicles for
the handicapped and disabled. He further stated primary
considerations in the budget preparation included placing
priority in the areas of Education, Public Safety and Human
Services; continuing to meet growing service needs by funding
increases in debt service, pay as you go capital and
associated operating impacts; and providing for a competitive
compensation package focused on attraction and retention of
qualified personnel. He stated the County Administrator's
FY2006 proposed budget totals $954,013,400. He reviewed
revenue and expenditure comparisons for FY2005 and FY2006;
FY2006 General Fund sources; and a difference comparison of
General Fund sources for FY2004 to FY2005 and FY2005 to
FY2006. He then reviewed FY2006 General Fund uses, including
$21.087 million for education; $6.807 million for salaries
and benefits; $3.28 million for public safety; $2.832 million
for human services; $6.047 million for non-departmental uses;
and $1.191 million for other departments. He reviewed FY2006
balancing initiatives and new positions for FY2006.
In response to Mr. Miller's question, Mr. Carmody stated 20
of the new positions requested in the proposed FY2006 budget
will be fully funded by fees or other funding sources and
will not be tax funded. He then reviewed FY2007 challenges.
Mr. Miller inquired about the impact of the car tax
shortfall.
Mr. Carmody stated the county has been able to work through
the issue and minimize the impact of the car tax shortfall to
the county. He further stated, because of the statewide cap
placed on tax relief, the car tax state reimbursement revenue
is essentially flat for FY2006 in comparison to that adopted
for FY2005. He noted there will be an increase in the
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percentage of car tax that residents pay over time. He then
provided details of proposed FY2006 fee increases in
Utilities and Waste and Resource Recovery. He reviewed the
calendar for remaining budget work sessions.
Mr. Barber thanked Mr. Carmody for the informative
presentation.
6.B. MANAGEMENT SERVICES
Mr. Stegmaier presented an overview of the FY2006 proposed
budget for Management Services. He reviewed FY2005 adopted
budgets, FY2006 proposed budgets and FY2006 revenue for
departments in the citizen services and financial and support
services areas. He then reviewed FY2005 adopted budgets,
FY2006 proposed budgets and FY2006 revenue for the courts and
criminal justice area, and stated the increase in the
Sheriff's budget will accommodate staffing for the new jail.
He further stated the FY2006 proposed budget includes $7
million in direct services to the citizens; $28.4 million in
courts and criminal justice; and $34.7 million in the
financial and support areas. He reviewed accomplishments in
Management Services, including very high Organizational
Climate Assessment leadership scores; increased number of
employees supported per Management Services employee; and
cost avoidances through innovations in Purchasing. He stated
Management Services departments saved 957 hours during
FY2004. He provided customer service data from various
departments within Management Services. He reviewed
Organizational Climate Assessment scores for Management
Services, indicating that the scores are considerably higher
than national averages and in many cases exceed national
"Best in Class" levels. He then reviewed successes of the
Litter Program, indicating that approximately 400 cubic yards
of waste has been picked up since the program's inception on
July 1, 2004. He reviewed successes in the County Garage,
including exceeding the goal of having a 95 percent readiness
in the bus fleet on a daily basis; and decreased turn around
time from four days to one on automobile recalls as a result
of warranty certification of County Garage staff. He stated
Management Services departments serve as the fiscal agent for
a variety of regional programs. He reviewed the dramatic
reduction in the number of walk-in customers in the
Assessor's Office because data is now available on the
Internet. He then reviewed the diversity of contractors and
vendors who provide goods and services to the county. He
provided details surrounding the Virginia Department of
Environmental Quality's environmental certification process,
which has been completed in both Fleet Management and
Utilities. He stated upcoming challenges include growth;
technology; Enterprise Wide Systems; and closed landfills.
Discussion ensued relative to the systems used by the county
to provide survey data.
In response to Mr. Miller's question, Mr. Stegmaier stated
the county has approximately 3,500 employees, excluding
School employees.
Mr. Miller inquired about the number of additional positions
requested in the proposed budget in relation to increased
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population and services rendered and the number of additional
positions requested compared with those in past budgets.
Mr. Barber indicated that Mr. Carmody would provide Mr.
Miller with the information requested relative to new
positions. He thanked Mr. Stegmaier for the excellent
presentation.
7. DEFERRED iTEMS
0 STREETLIGHT INSTALLATION COST APPROVAL
Mr. King expressed concerns relative to the cost of the
requested streetlight. He stated Colonial Heights Baptist
Church will be locating on Arrowfield Road in the very near
future, which might take care of some of the issues raised by
the requestor. He further stated he would prefer to defer
this request for one year and see if the situation improves.
Mr. King then made a motion, seconded by Mr. Warren, for the
Board to defer the request to install a streetlight on
Arrowfield Road, in the vicinity of 2405, until March 8,
2006.
(It is noted the design cost of $186.96 for the Arrowfield
Road streetlight will be paid out of the Bermuda District
Improvement Fund; the $2,303.70 quotation will expire; and
staff will obtain a new quotation for the streetlight prior
to the March 8, 2006 meeting.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8. NEW BUSINESS
8.A. CONSENT ITEMS
8.A.1. STATE ROAD ACCEPTANCE
On motion of Mr. Miller, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
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AND, BE IT FURTHER RESOLVED, that a certified
this resolution be forwarded to the Resident Engineer
Virginia Department of Transportation.
Type Chan~le to the Secondary System of State Hiflhways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Kings Farm at Riverdowns, Section 2
· Brewton Way, State Route Number: 5860
From: Post Mill Dr., (Rt. 5859)
To: 0.05 Mi. SE of Post Mill Dr., (Rt. 5859), a distance of: 0.05 miles.
Right-of-way record was filed on 11/7/2003 with the Office Of Clerk To Circuit Court in Pb. 138, Pg. 97,
with a width of 40 Ft.
· Pond Chase Court, State Route Number: 5858
From: Post Mill Dr., (Rt. 5859)
To: Cul-de-sac, a distance of: 0.11 miles.
Right-of-way record was filed on 11/7/2003 with the Office Of Clerk To Circuit Court in Pb. 138, Pg. 97,
with a width of 40 Ft.
· Pond Chase Drive, State Route Number: 5742
From: 0.01 Mi. S of Cotesworth Wy., (Rt. 5741)
To: 0.08 Mi $ of Cotesworth Wy., (Rt. 5741), a distance of: 0.07 miles.
Right-of-way record was filed on 11/7/2003 with the Office of Clerk To Circuit Court in Pb. 138, Pg. 97,
with a width of 50 Ft.
· Post Mill Drive, State Route Number: 5859
From: Pond Chase Dr., (Rt. 5742)
To: Brewton Wy., (Rt. 5860), a distance of: 0.23 miles.
Right-of-way record was filed on 11/7/2003 with the Office of Clerk To Circuit Court in Pb. 138, Pg. 97,
with a width of 40 Ft.
· Post Mill Drive, State Route Number: 5859
From: Brewton Way (Rt. 5860)
To: 0.01 Mi. SW of Brewton Way (Rt. 5860), a distance of: 0.01 miles.
Right-of-way record was filed on 11/7/2003 with the Office of Clerk To Circuit Court in Pb. 138, Pg. 97,
withawidth~4OFt.
And, further,
WHEREAS,
recorded in
Chesterfield County;
WHEREAS,
Department
the Board adopted the following
the streets described below
the Clerk's Office of the
and
copy
for
resolution:
of
the
are shown on plats
Circuit Court of
the Resident Engineer for the
of Transportation has advised this
Virginia
Board the
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03/09/05
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Tv;)e Change to the Secondary System of State Highways: Addition
Basis for Change:
Statutory Reference:
Project:
From:
To:
Addition, New subdivision street
§33.1-229
Kings Farm at Riverdowns, Section 4
Brewton Terrace, State Route Number: 5861
Brewton Wy., (Rt. 5860)
Cul-de-sac, a distance of: 0.07 miles.
Right-of-way record was filed on 2/25/2004 with the Office Of Clerk To Circuit Court in Pb. 141, Pg. 71,
with a width of 40 Ft.
Brewton Way, State Route Number: 5860
From: 0.05 Mi. SE of Post Mill Dr., (Rt. 5859)
To: Brewton Terrace (Rt. 5861), a distance of: 0.04 miles.
Right-of-way record was filed on 2/25/2004 with the Office Of Clerk To Cimuit Court in Pb. 141, Pg. 71,
with a width of 40 Ft.
· Brewton Way, State Route Number: 5860
From: Brewton Terrace (Rt. 5861 )
To: 0.10 Mi. SE of Brewton Terrace (Rt. 5861), a distance of: 0.10 miles.
Right-of-way record was filed on 2/25/2004 with the Office Of Clerk To Circuit Court in Pb. 141, Pg. 71,
with a width of 40 Ft.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.A.2. ADOPTION OF A RESOLUTION RECOGNIZING MRS. VIRGINIA L.
REFO, SOCIAL SERVICES DEPART~4ENT, UPON WRR RETI~MI~-.~T
On motion of Mr. Miller, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Mrs. Virginia L. Refo began her tenure in
public service with Chesterfield County as an Adoption Social
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Worker in the Department of Social Services on February 5,
1990; and
WHEREAS, in her role as Adoption Social Worker, Mrs.
Refo was instrumental in developing Chesterfield County's
Adoption Program into a national award winning Public/Private
Partnership which promoted Permanency for Children and set
the standard for best practice for adoption in Virginia; and
WHEREAS, Mrs. Refo has worked tirelessly to promote
permanency for children through her involvement and
participation on the Adoption Outreach Planning Team, as well
as representing that organization at the League of Social
Work Executives and the Permanency Advisory Committee for the
State Department of Social Services; and
WHEREAS, Mrs. Refo has represented the Department of
Social Services as a member of the Alliance of Social Work
Practitioners and served as Co-chair of the Child Welfare
Committee of that organization; and
WHEREAS, under Mrs. Refo's leadership, participation at
meetings of the Child Welfare Committee has increased and;
WHEREAS, Mrs. Refo has been a role model of teamwork and
professionalism for her colleagues both in and outside of
Chesterfield County.
NOW, THEREFORE BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mrs. Virginia L. Refo, expresses the
appreciation of all residents for her service to the county,
and offers congratulations upon her retirement and best
wishes for a long and happy retirement.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.A.3. APPROVAL OF STREET-NAME CHANGE
On motion of Mr. Miller, seconded by Mr. King, the Board
approved the renaming of a portion of Center Pointe Parkway
to Lucks Lane. (It is noted a copy of the plat is filed with
the papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.A.4. REQUEST FOR PERMIT TO STAGE A FIREWORKS DISPLAY AT 70
BELLONA ARSENAL, MIDLOTHIAN, VIRGINIA ON MAY 27, 200~
On motion of Mr. Miller, seconded by Mr. King, the Board
approved a permit to stage a fireworks display at 70 Bellona
Arsenal, Midlothian, Virginia on May 27,2005, with rain dates
of July 2, 3 or 4.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
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8 .A. 5. AWARD A CONTRACT TO EARLY MARI_.~E_., INCORPORAT~.D FO~
CLEAnup OF VARIOUS SECTIONS OF FAT.tING C~
On motion of Mr. Miller, seconded by Mr. King, the Board
awarded a $72,633 contract to Early Marine, Incorporated for
cleanup of various sections of Falling Creek below Falling
Creek Dam; appropriated $84,657.84 in Federal Emergency
Management Agency (FEMA) reimbursement for the cleanup; and
authorized the County Administrator to execute the necessary
documents.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.A.6.
8.A.6.&.
REQUESTS FOR PERMISSION
FROM NORMAN R. WAY, JR. AND CAROLINE L. WAY FOR ~
PROPOSED PRIVATE UNDER DRAIN SYSTEM TO ENCROACW
WITaIN A FIFTY-FOOT GREENWAY EASE~NTACROSS LOT 2,
Qu~ENSMILL, SECTION E-2
On motion of Mr. Miller, seconded by Mr. King, the Board
approved a request from Norman R. Way, Jr. and Caroline L.
Way for permission for a proposed private under drain system
to encroach within a 50-foot greenway easement across Lot 2,
Queensmill, Section E-2, 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: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.A.6.b. FROM TRINA LYNN ALLEN TO INSTALL A PRIVATE WATER
SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY
ON DE LAVIAL STREET
On motion of Mr. Miller, seconded by Mr. King, the Board
approved a request from Trina Lynn Allen for permission to
install a private water service within a private easement to
serve property at 12017 De Lavial Street, and authorized the
County Administrator to execute the water connection
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.A.6.c. FROM COOKE'S 60 LAND, L.L.C. FOR A SIGN TO ENCROAC~
WITHIN A SIXTEEN-FOOT SEWER AND DRAINAGE _~ASE~-NT
On motion of Mr. Miller, seconded by Mr. King, the Board
approved a request from Cooke's 60 Land, L.L.C. for
permission for a sign to encroach within a 16-foot sewer and
drainage easement, 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: Barber, King, Humphrey, Miller and Warren.
Nays: None.
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8.A.6.d. FROM TRUST~S OF LIVING WORD MINISTRIES TO INSTALL
A PRIVATE SEWER SERVICE WITHIN A PRIVAT~ EAS~
TO SERVE PROPERTIES ON COURTHOUSE ROAD
On motion of Mr. Miller, seconded by Mr. King, the Board
approved a request from the Trustees of Living Word
Ministries for permission to install a private sewer service
within a private easement to serve property at 426 and 428
Courthouse Road, and authorized the County Administrator to
execute the sewer connection agreement. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.A.6.e.
FROM MITCHELL J. TEDESCHI TO INSTALL A PRIVATE
SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE
PROPERTY ON HULL STREET ROAD
On motion of Mr. Miller, seconded by Mr. King, the Board
approved a request from Mitchell J. Tedeschi for permission
to install a private sewer service within a private easement
to serve property at 12501 Hull Street Road, and authorized
the County Administrator to execute the sewer connection
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.A.6.f. FROM EARNEST L. AND MARGARET C. MORGAN TO INSTALL A
PRIVATE SEWER FORCE MAIN LINE WITHIN A SIXTEEN-FOOT
ALLEY TO SERVE PROPERTY ON NORMANDALE AVENUE
On motion of Mr. Miller, seconded by Mr. King, the Board
approved a request from Earnest L. Morgan and Margaret C.
Morgan for permission to install a private sewer force main
within a 16-foot alley to serve property at 2813 Normandale
Avenue, subject to the execution of a license agreement, and
authorized the County Administrator to execute the sewer
connection agreement. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.A.6.g. FROM MARTIN P. SCHWIND CONTRACTOR, INCORPORATED
TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE
EASEMENT TO SERVE PROPERTY ON VILLAGE GATE DRIVE
On motion of Mr. Miller, seconded by Mr. King, the Board
approved a request from Martin P. Schwind Contractor,
Incorporated for permission to install a private sewer
service within a private easement to serve property at 619
Village Gate Drive, and authorized the County Administrator
to execute the sewer connection agreement. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
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8.A.6.h.
FROM JAM~S VERNON DANIELS TO INSTALL A PRIVATE
SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE
PROPERTY ON GILL STREET
On motion of Mr. Miller, seconded by Mr. King, the Board
approved a request from James Vernon Daniels for permission
to install a private sewer service within a private easement
to serve property at 3920 Gill Street, and authorized the
County Administrator to execute the sewer connection
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.A.6.i.
FROM WILLIAM B. DUVAL AND GENE H. DUVAL FOR
PERMISSION FOR TWO DRIVEWAYS TO ENCROACH WITHIN A
FIFTY-FOOT RIGHT OF WAY KNOWN AS PERDUE AVENUE
On motion of Mr. Miller, seconded by Mr. King, the Board
approved a request from William B. DuVal and Gene H. Duval
for two driveways to encroach within a 50-foot right of way
known as Perdue Avenue, 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: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.A.7. ACCEPTANCE OF PARCELS OF LAND
8.A.7.&. ALONG THE NORTH RIGHT OF WAY LINE OF WEST HUNDRED
ROAD FROM GEORGE P. EMERSON, JR.
On motion of Mr. Miller, seconded by Mr. King, the Board
accepted the conveyance of two parcels of land containing a
total of 0.054 acres along the north right of way line of
West Hundred Road (State Route 10) from George P. Emerson,
Jr., and authorized the County Administrator to execute the
deed. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.A.7.b. ALONG THE NORTH RIGHT OF WAY LINE OF WEST HUNDRED
ROAD FROM GEORGE P. EMERSON, JR. AND DARLENE B.
EMERSON
On motion of Mr. Miller, seconded by Mr. King, the Board
accepted the conveyance of a parcel of land containing 0.05
acres along the north right of way line of West Hundred Road
(State Route 10) from George P. Emerson, Jr. and Darlene B.
Emerson, 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: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05-196
03/09/05
8.A.7.c. ALONG THE NORTH RIGHT OF WAY LINE OF RIVERS BEND~
BOULEVARD FROM RB II, LLC
On motion of Mr. Miller, seconded by Mr. King, the Board
accepted the conveyance of a parcel of land containing 0.029
acres along the north right of way line of Rivers Bend
Boulevard (State Route 4840) from RB II, LLC, and authorized
the County Administrator to execute the deed. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.A.7.d. AT THE WESTERN TERMINUS OF TWIN CEDARS ROAD FROM
THE REEDS LANDING CORPORATION
On motion of Mr. Miller, seconded by Mr. King, the Board
accepted the conveyance of a parcel of land containing 0.047
acres at the western terminus of Twin Cedars Road (State
Route 4932) from The Reeds Landing Corporation, 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: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.A.8. REQUESTS TO QUITCLAIM
8.A.8.b. A TEMPORARY TURNAROUND EASEMENT ACROSS THE PROPERTY
OF THE REEDS LANDING CORPORATION
On motion of Mr. Miller, 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 turnaround easement across the property of The
Reeds Landing Corporation. (It is noted a copy of the plat
is filed with the papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.A.10. SET PUBLIC HEARING DATES
8.A.10.a. TO CONSIDER AN ORDINANCE PROVIDING FOR THE REMOVAL
AND DISPOSAL OF UNATTENDED OR IMMOBILE MOTOR
VEHICLES
On motion of Mr. Miller, seconded by Mr. King, the Board set
the date of April 13, 2005 at 7:00 p.m. for a public hearing
for the Board to consider an ordinance providing for the
removal and disposal of unattended or immobile motor
vehicles.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05-197
03/09/05
8 .A. 10.b.
TO CONSIDER THE APPROPRIATION OF FUNDS IF
ANTICIPATED FEDERAL EMER~NCYM~G~n~.NT AGENCY
REII~u~SEMENT FOR DEBRIS HAULING FOR HURRIC~_~-m
ISABEL
On motion of Mr. Miller, seconded by Mr. King, the Board set
the date of March 23, 2005 at 7:00 p.m. for a public hearing
for the Board to consider the appropriation of up to $700,000
in anticipated Federal Emergency Management Agency (FEMA)
reimbursement for debris hauling for Hurricane Isabel.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.A.11. TRANSFER OF DISTRICT IMPROVEMENT FUND~
8.A.11.a. FROM THE HATOACA DISTRICT IMPROVeMeNT FUNDS TO
C~J~ST~RFIELD COUNTY SCHOOL BOARD TO PURC~A~
WRESTLING MAT FOR MANCHESTER HIGH SCHOOL
On motion of Mr. Miller, seconded by Mr. King, the Board
transferred $6,000 from the Matoaca District Improvement Fund
to the Chesterfield County School Board to purchase a
wrestling mat for Manchester High School.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.A.11.b. FROM THE BERMUDA, CLOVER HILL, DALE, MATOACA AND_
MiDLOTHIAN DISTRICT IMPROVEMENT FUNDS TO THE
SCHOOL BOARD FOR POST PROM CELEBRATIONS
On motion of Mr. Miller, seconded by Mr. King, the Board
transferred $1,800 from the Bermuda District Improvement
Fund, $2,300 from the Clover Hill District Improvement Fund,
$1,800 from the Dale District Improvement Fund, $2,300 from
the Matoaca District Improvement Fund, and $2,300 from the
Midlothian District Improvement Fund to the Chesterfield
County School Board for drug and alcohol free post-prom
celebrations subject to the conditions described in the
papers of this Board.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
The following item was removed from the Consent Agenda for
Board discussion:
8.A.9. APPROPRIATION OF FUNDS FOR THE BAILEY BRIDGE ROAD
SHOULDER PROJECT
Mrs. Humphrey inquired as to the timing of the Bailey Bridge
Road shoulder project.
Mr. McCracken stated, before construction can begin, the
county must first receive permission from the state. He
further stated the Bailey Bridge project should begin in the
summer of 2005 and be completed before the end of the
construction season.
05-198
03/09/05
Mrs. Humphrey expressed concerns relative to interruption of
school traffic the last time major improvements were made on
Spring Run Road. She requested that the Bailey Bridge
project be completed in the summer so that school traffic is
not interrupted.
Mrs. Humphrey then made a motion, seconded by Mr. Warren, for
the Board to appropriate an additional $135,652 in
anticipated Virginia Department of Transportation
reimbursements for the Bailey Bridge Road (Deer Run Drive to
Spring Run Road) Shoulder Project, and authorize the County
Administrator to enter into the necessary environmental
permits and award a construction contract, up to $434,652, to
the lowest responsible bidder.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
9. w~,RINGS OF CITIZENS ON UNSCHEDULEDMATTERS OR CLAIMS
O ~S. CATHY M. KIRK HAS REQUESTED THE OPPORTUNITY TO SPEAK
TO Tw~ BOARD TO ADDRESS (1) "... A POSSIBLE VIOLATION OF
MY FIRST A~NDM~NT RIGHTS TO FREE SPEECH AND ASSEMBLY" AND
(2) T~E APPLICATION OF THE DEFERRAL POLICY ADOPTED BY THE
BOARD OF SUPERVISORS ON FEBRUARY 11, 2004
Ms. Cathy Kirk expressed concerns relative to being ~denied
the right to speak and assemble in a public meeting place" on
February 24, 2005, during the public comment period
pertaining to a zoning case. She stated that ~neither her
conduct nor speech throughout the evening was personally
harmful or threatening, uncivil, or breaching of the peace,"
rather it was "an impassioned expression to pronounce the
deceptive, publicly harmful effects of breaking a commitment
with the citizens." She further stated, "at no time was she
unruly, loud, angry, physically disruptive or hostile towards
anyone." She requested that a written explanation be
provided to her within five days regarding the authority for
her "forced exit."
Mr. King stated, after the February 23rd Board meeting, he
asked staff to provide him with information regarding the
number of times an issue such as this had arisen. He further
stated over the past 30 years, the Board has conducted nearly
3,000 public hearings and heard over 3,500 zoning cases. He
noted that last year alone, over 330 people addressed the
Board on some issue of public interest; over 175 people spoke
to zoning cases; nearly 120 came before the Board to address
a public hearing matter; and on average, one consent agenda
item was pulled for public discussion at every meeting. He
expressed appreciation to the thousands of people who have
respectfully appeared before the county's boards and
commissions and spoken passionately about a variety of
issues. He stated Ms. Kirk has joined the ranks of only
three other people, in a 30-year history of recordkeeping for
Chesterfield County, who have been either turned away or
asked to stop their presentation. He assured the Board
members that the public process fosters a high level of
accessibility, and Chesterfield has one of the most open
government processes in the state. He further stated he
believes it is clear that the Board does many things right in
05-199
03/09/05
order to provide a good and fair public process, and no fair
minded person has ever had that right denied.
Mr. Warren inquired whether the Board actually took any
action to remove Ms. Kirk from the meeting.
Mr. Barber stated he asked Ms. Kirk on three occasions to
contain her comments to the issue at hand. He further
stated, on the third occasion, the deputy sensed that removal
was appropriate and, through eye contact, he (Mr. Barber)
initiated it. He stated the deputies acted appropriately in
asking Ms. Kirk to leave the Public Meeting Room. He further
stated the deputies again acted appropriately when asking Ms.
Kirk to leave the building after the meeting had adjourned
and she remained in the hallway outside the Public Meeting
Room. He reiterated his remarks from the February 23rd
meeting that neither the Board, nor the citizens, will
tolerate yelling from the back of the room, which was not
done by Ms. Kirk, but was done that night. He stated the
public podium is not going to be used to address anything
other than the specific agenda item being considered by the
Board at that time.
At Mr. King's suggestion, Mr. Barber directed Mr. Micas to
provide Ms. Kirk with a response outlining state law and
Board procedures relative to citizen comment at public
meetings.
Mr. Barber stated it is the prerogative of the chairman to
request that someone stop speaking or be removed from the
room. He further stated, if this situation were to occur
again, he would handle it in the same manner.
10. REPORTS
10.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTR
10.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUT~KE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS
10 .C.
AND LEASE PURCHASES
ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
accepted the following reports: A report on Developer Water
and Sewer Contracts; and a Report on the Status of General
Fund Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases.
And, further, the following roads were accepted into the
state secondary system:
ADDITION
LENGTH
CHESDIN LANDING, SECTION 5
(Effective 1/18/2005)
Corapeake Place (Route 5775) - From Chesdin
Green Way (Route 4496) to Cul-de-sac
0.11 Mi.
Corapeake Terrace (Route 5774) - From Chesdin
Green Way (Route 4496) to Cul-de-sac
0.68 Mi.
05-200
03/09/05
CHESTER RUN, SECTION A
(Effective 1/18/2005)
Lilking Court (Route 5784) - From Lilking Road
(Route 5783) to Cul-de-sac
Lilking Road (Route 5783) - From Stebbins Street
(Route 1530) to Lilking Court (Route 5784)
Lilking Road (Route 5783) - From Lilking Court
(Route 5784) to Cul-de-sac
Stebbins Street (Route 1530) - From Percival
Street (Route 1510) to Lilking Road (Route 5783)
Stebbins Street (Route 1530) - From Lilking
Road (Route 5783) to Cul-de-sac
HAMPTON PARK, SECTION 18
(Effective 1/18/2005)
Hampton Valley Circle (Route 5773) - From Hampton
Valley Drive (Route 5689) to Cul-de-sac
Hampton Valley Drive (Route 5689) - From Hampton
Valley Turn (Route 5771) to Hampton Valley Mews
(Route 5772)
Hampton Valley Drive (Route 5689)- From 0.01
mile south of Hampton Valley Terrace (Route
5692) to Hampton Valley Turn (Route 5771)
Hampton Valley Drive (Route 5689) - From
Hampton Valley Mews (Route 5772) to 0.04 mile
south of Hampton Valley Mews (Route 5772)
Hampton Valley Mews (Route 5772) - From
Hampton Valley Drive (Route 5689) to Cul-de-sac
Hampton Valley Turn (Route 5771) - From
Hampton Valley Drive (Route 5689) to Cul-de-sac
SECOND BRA~CH, SECTION 4
(Effective 1/18/2005)
Balta Court (Route 5818) - From Balta Road
(Route 4609) to Cul-de-sac
Balta Road (Route 4609) - From Marek Drive
(Route 5819) to 0.09 mile east of Marek Drive
(Route 5819)
Balta Road (Route 4609) - From Janeka Drive
(Route 5817) to Marek Drive (Route 5819)
Balta Road (Route 4609) - From 0.01 mile
south of Devette Drive (Route 5236) to
Janeka Drive (Route 5817)
Hulsey Drive (Route 5820) - From Marek Drive
(Route 5819) to Cul-de-sac
05-201
0.08 Mi.
0.07 Mi.
0.11 Mi.
0.07 Mi.
0.12 Mi.
0.03 Mi.
0.13 Mi.
0.05 Mi.
0.04 Mi.
0.04 Mi.
0.04 Mi.
0.09 Mi.
0.09 Mi.
0.14 Mi.
0.06 Mi.
0.14 Mi.
03/09/05
Janeka Drive (Route 5817) - From Balta Road
(Route 4609) to Cul-de-sac
Marek Drive (Route 5819) - From Balta Road
(Route 4609) to Hulsey Drive (Route 5820)
SUFiMER LAKE, SECTION 2
(Effective 1/18/2005)
Kipper Drive (Route 5829) - From Kipper Turn
(Route 5830) to Cul-de-sac
Kipper Drive (Route 5829) - From Summer Lake
Drive (Route 5828) to Kipper Turn (Route 5830)
Kipper Turn (Route 5830) - From Kipper Drive
(Route 5829) to 0.05 mile west of Kipper Drive
(Route 5829)
Kipper Turn (Route 5830) - From 0.05 mile west
of Kipper Drive (Route 5829) to 0.13 mile
northwest of Kipper Drive (Route 5829)
Summer Lake Circle (Route 5827) - From Summer
Lake Drive (Route 5828) to 0.04 mile west of
Summer Lake Drive (Route 5828)
Summer Lake Circle {Route 5827) - From 0.04 mile
west of Summer Lake Drive (Route 5828) to 0.13
mile northwest of Summer Lake Drive (Route 5828)
Summer Lake Drive (Route 5828) - From Summer Lake
Mews (Route 5832) to 0.09 mile east of Summer
Lake Mews (Route 5832)
Summer Lake Drive (Route 5828) - From Jaydee
Drive (Route 5664) to 0.08 mile south of
Jaydee Drive (Route 5664)
Summer Lake Drive (Route 5828) - From Summer
Lake Turn (Route 5831) to 0.045 mile south
of Summer Lake Turn (Route 5831)
Summer Lake Drive (Route 5828) - From 0.05
mile south of Summer Lake Turn (Route 5831)
to 0.11 mile south of Summer Lake Turn (Route
5831)
Summer Lake Drive (Route 5828) - From 0.08
mile south of Jaydee Drive (Route 5664) to
0.10 mile south of Jaydee Drive (Route
5664)
Summer Lake Mews (Route 5832) - From Summer
Lake Drive (Route 5828) to 0.05 mile north
of Summer Lake Drive (Route 5828)
Summer Lake Mews (Route 5832) - From 0.05
mile north of Summer Lake Drive (Route 5828)
to 0.07 mile south of Summer Lake Mews (Route
5832)
05-202
0.10 Mi.
0.11 Mi.
0.05 Mi.
0.03 Mi.
0.05 Mi
0.13 Mi
0.04 Mi
0.13 Mi
0.09 Mi
0.08 Mi
0.05 Mi
0.06 Mi.
0.02 Mi.
0.05 Mi.
0.07 Mi.
03/09/05
Summer Lake Turn (Route 5831) - From Summer
Lake Drive (Route 5828) to Summer Lake Drive
(Route 5828)
SUMMER LAKE, SECTION 3
(Effective 1/18/2005)
Jaydee Court (Route 5825) - From Jaydee Drive
(Route 5664) to Cul-de-sac
Jaydee Drive (Route 5664) - From Jaydee Terrace
(Route 5826) to 0.09 mile west of Jaydee
Terrace (Route 5826)
Jaydee Drive (Route 5664) - From 0.06 mile
southwest of Jaydee Place (Route 5665) to
Jaydee Court (Route 5825)
Jaydee Drive (Route 5664) - From Jaydee Court
(Route 5825) to Jaydee Terrace (Route 58~26)
Jaydee Terrace (Route 5826) - From Jaydee
Drive (Route 5664) to Cul-de-sac
WINDY CREEK, SECTION A1
(Effective 1/21/2005)
Windy Creek Circle (Route 5814) - From Windy
Creek Court (Route 5815) to Windy Creek Way
(Route 5816)
Windy Creek Circle (Route 5814) - From Windy
Creek Way (Route 5816) to Windy Creek Drive
(Route 5813)
Windy Creek Circle (Route 5814) - From
Dortonway Drive (Route 2767) to Windy Creek
Court (Route 5815)
Windy Creek Court (Route 58151 - From Windy
Creek Circle (Route 5814) to Cul-de-sac
Windy Creek Drive (Route 58131 - From Windy
Creek Circle (Route 5814) to Dortonway Drive
(Route 2767)
Windy Creek Drive (Route 58131, - From Dortonway
Drive (Route 2767) to Windy Creek Place (Route
5812)
Windy Creek Place (Route 5812) - From Windy
Creek Drive (Route 5813) to Cul-de-sac
Windy Creek Place (Route 5812) - From Windy
Creek Drive (Route 5813) to Cul-de-sac
Windy Creek Way (Route 5816) - From Windy
Creek Circle (Route 5814) to Cul-de-sac
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05-203
0.05 Mi.
0.22 Mi.
0.09 Mi.
0.02 Mi.
0.06 Mi.
0.10 Mi.
0.05 Mi.
0.06 Mi.
0.11 Mi.
0.03 Mi.
0.05 Mi.
0.05 Mi.
0.02 Mi.
0.04 Mi.
0.03 Mi.
03/09/05
11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(7), CODE
OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH
LEGAL COUNSEL REGARDING THE JUDGMENT IN THE CASE OF
SCOTT V. HECHLER v. COUNTY OF CHESTERFIELD; CONSULTATION
WITH LEGAL COUNSEL REGARDING THE USE OF EMINENT DOMAIN
TO ACQUIRE A MIDDLE SCHOOL SITE PURSUANT TO SECTION
2.2-3711(A)(7) AND DISCUSSION OF THE ACQUISITION OF REAL
PROPERTY FOR A MIDDLE/ELEMENTARY SCHOOL SITE BECAUSE
DISCUSSION IN AN OPEN MEETING WOULD ADVERSELY AFFECT
THE NEGOTIATING STRATEGY OF THE COUNTY PURSUANT TO
SECTION 2.2-3711(A)(3)
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
went into Closed Session pursuant to Section 2.2-3711(A)(7),
Code of Virginia, 1950, as amended, for consultation with
legal counsel regarding the judgment in the case of Scott V.
Hechler v. County of Chesterfield; consultation with legal
counsel regarding the use of eminent domain to acquire a
middle school site pursuant to Section 2.2-3711(A) (7) and
discussion of the acquisition of real property for a
middle/elementary school site because discussion in an open
meeting would adversely affect the negotiating strategy of
the county pursuant to Section 2.2-3711(A) (3).
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
Reconvening:
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into Closed Session in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act
effective July 1, 1989 provides for certification that such
Closed Session was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member's
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of
Information Act were discussed in the Closed Session to which
this certification applies, and
ii) only such public business matters as were identified
in the Motion by which the Closed Session was convened were
heard, discussed, or considered by the Board. No member
dissents from this certification.
The Board being polled, the vote was as follows:
Mr. Warren: Aye.
Mr. Miller: Aye.
Mrs. Humphrey: Aye.
Mr. King: Aye.
Mr. Barber: Aye.
05-204
03/09/05
12. DINNER
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
recessed to the Aclministration Building, Room 502, for
dinner.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
Reconvening:
13. INVOCATION
Reverend Margaret Kutz, Senior Pastor of Chester United
Methodist Church, gave the invocation.
14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Bradford Schultz led the Pledge of Allegiance to
the flag of the United States of America.
15. RESOLUTIONS AND SPECIAL RECOGNITIONS
15 .A.
RECOGNIZING THE GENEROSITY OF THE BRANDERMILL
COMMUNITY
Mr. Kappel introduced Ms. Wendy Parker, Ms. Mary Gregory and
Ms. Dianne Sindelir, who were present to receive the
resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Chesterfield County has a well-earned
reputation as a caring community where neighbors come to each
others' aid when the situation calls for it; and
WHEREAS, during Hurricane Isabel in September 2003, many
Chesterfield County residents helped their neighbors by
cutting and removing fallen trees; sharing food and water;
providing transportation and providing other needed
assistance; and
WHEREAS, in September 2004, Tropical Storm Gaston struck
the county, and widespread flooding left numerous families
homeless; and
WHEREAS, once again, faced with adversity, many
Chesterfield County residents selflessly assisted others who
were affected by the storm; and
WHEREAS, when Tropical Storm Gaston struck, the family
of Richard and Sharon Cook lost all their possessions except
for the clothing they were wearing; and
WHEREAS, 15-year-old Jenna and her 17-year-old foster
brother, Joshua, did not even have shoes on when they were
rescued from their apartment; and
05-205
03/09/05
WHEREAS, the family was helped through the generous
contributions of the Brandermill community; and
WHEREAS, the Brandermill Adopt-A-Family program provided
the Cook family with three rooms of bedroom furniture; living
room furniture; a microwave oven; sheets; pillows; blankets;
comforters; clock radios; utensils; dishes, pots and pans;
and other items; and
WHEREAS, donations for the family amounted to more than
$4,000; and
WHEREAS, this was the most recent example of the
kindness and generosity of the Brandermill community, which
has come to the aid of others in need in the past.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 9th day of March 2005,
publicly recognizes the extraordinary compassion, generosity
and spirit of civic-mindedness of the Brandermill community,
and expresses its appreciation, on behalf of all Chesterfield
County residents, to the Brandermill community for its
assistance to the Cook family and others in need who have
benefited from its Adopt-A-Family efforts.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
Mr. Warren presented the executed resolution to Ms. Parker,
accompanied by Ms. Gregory and Ms. Sindelir, and commended
the Brandermill residents on their generous efforts to help
others in the community.
Ms. Parker expressed appreciation to the Board for the
recognition and also to the generous residents of
Chesterfield County who provide donations to help families in
crisis situations.
15.B. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
15.B.1. MR. BRADFORD SCHULTZ, MATOACA DISTRICT
15.B.2. MR. RAVIN PERRY, MIDLOTHIAN DISTRICT
15.B.3. MR. MICHAEL KEBLUSEK, MIDLOTHIAN DISTRICT
15.B.4. MR. DAVID SHAPIRO, MIDLOTHIAN DISTRICT
Mr. Hammer introduced Mr. Bradford Schultz, Mr. Ravin Perry,
Mr. Michael Keblusek and Mr. David Shapiro, who were present
to receive resolutions.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
05-206
03/09/05
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. Bradford Christopher Schultz, Troop 806, sponsored
by Woodlake United Methodist Church; and Mr. Ravin Perry, Mr.
Michael Keblusek and Mr. David Shapiro, all of Troop 811,
sponsored by The Episcopal Church of the Redeemer, 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, Bradford, Ravin, Michael and David have
distinguished themselves as members of a new generation of
prepared young citizens of whom we can all be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 9th day of March 2005,
hereby extends its congratulations to Mr. Bradford
Christopher Schultz, Mr. Ravin Perry, Mr. Michael Keblusek
and Mr. David Shapiro, and acknowledges the good fortune of
the county to have such outstanding young men as its
citizens.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
Mr. Barber and Mrs. Humphrey presented executed resolutions
to Mr. Schultz, Mr. Perry, Mr. Keblusek and Mr. Shapiro,
accompanied by members of their families, congratulated them
on their outstanding achievement, and wished them well in
their future endeavors.
Mr. Schultz expressed appreciation to God,
scoutmaster and others for their support.
his parents,
Mr. Keblusek expressed appreciation to the Board for the
recognition and also to God, [his parents and family for their
support.
Mr. Perry expressed appreciation to the Board for the
recognition and also to his parents, God and others for their
support.
Mr. Shapiro expressed appreciation to the Board for the
recognition and also to his parents and scoutmasters for
their support.
05-207
03/09/05
16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDATO BE HEARD IN THE
FOLLOWING ORDERs - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTION 18
Mr. Turner introduced Mr. Mike Tompkins, who recently joined
the Planning Department as Assistant Director for Development
Review.
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 June 22, 2005.
Ms. Gloria Frye, representing the applicant, requested that
the Board defer Case 04SN0273 until June 22, 2005.
Mr. Barber called for public comment.
No one came forward to speak to the deferral.
On motion of Mr. Miller, seconded by Mr. King, the Board
deferred Case 04SN0273 until June 22, 2005.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05SN0165
In Bermuda Magisterial District, SHERRY D. GORDON AND MIKE P.
GORDON request amendment to Conditional Use Planned
Development (Case 84S082) and amendment of zoning district
map relative to signage. The density of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for community mixed use uses. This request lies in a
Corporate Office (0-2) District on 1.2 acres and is known as
10331 Memory Lane. Tax ID 774-660-4052 (Sheet 25).
Mr. Turner presented a summary of Case 05SN0165 and stated
the Planning Commission and staff recommended approval.
Mr. Mike Gordon stated the recommendation is acceptable.
05-208
03/09/05
Mr. Barber called for public comment.
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved Case 05SN0165.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05SN0166
In Dale Magisterial District, W. E. CROXTON requests
Conditional Use and Conditional Use Planned Development and
amendment of zoning district map to permit office and
contractors office uses in an Agricultural (A) District and
exceptions to Ordinance requirements. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for mixed use corridor uses. This
request lies on 0.9 acre and is known as 7001 and 7005 Iron
Bridge Road. Tax IDs 772-677--8814 and 8822 (Sheet 17).
Mr. Turner presented a summary of Case 05SN0166 and stated
the Planning Commission and staff recommended approval
subject to conditions and acceptance of the proffered
conditions.
Mr. Bill Croxton stated the recommendation is acceptable.
Mr. Barber called for public comment.
No one came forward to speak to the request.
On motion of Mr. Miller, seconded by Mr. Warren, the Board
approved Case 05SN0166, subject to the following conditions:
This Conditional Use shall be granted for a period of no
more than ten (10) years from the date of approval and
shall be limited to Bill Croxton and Company or Croxton,
Inc. for their use only and shall not be transferable
nor run with the land. (P)
o
Signage shall comply with the requirements of the Zoning
Ordinance for office uses. (P)
3. There shall be no outside storage. (P)
4. There shall be no dumpsters. (P)
o
With the exception of normal maintenance and
improvements necessary to meet the building code, there
shall be no additions or exterior alterations to the
structure to accommodate this use other than a garage
containing a maximum of 600 square feet gross floor
area. Such garage shall be architecturally compatible
with the existing dwelling on the property, as required
by Section 19-570 of the Ordinance for buildings within
the same project. (P)
Parking spaces shall be provided at a ratio of one space
for every 400 square feet of gross floor area of office
use. (P)
05-209
03/09/05
o
Parking areas shall be setback a minimum of five (5)
feet from the ultimate right of way of Tucker Road. (P)
And, further,
conditions:
the Board accepted the following proffered
There shall be no direct access from the property to
Route 10. Direct access from the property to Tucker
Road shall be limited to one (1) entrance/exit. The
exact location of this entrance shall be determined by
the Transportation Department. (T)
Prior to any site plan approval, 100 feet of right of
way on the east side of Route 10 and thirty (30) feet of
right of way on the south side of Tucker Road, measured
from the centerlines of those roads immediately adjacent
to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05SN0168
In Bermuda Magisterial District, RED WATER CREEK LLC requests
rezoning and amendment of zoning district map from
Agricultural (A) to General Business (C-5). The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for general commercial use. This
request lies on 7.6 acres lying approximately 670 feet off
the west line of Jefferson Davis Highway, approximately 600
feet north of Southland Drive. Tax ID 799-655-Part of 5876
(Sheet 26).
Mr. Turner presented a summary of Case 05SN0168 and stated
the Planning Commission recommended approval and acceptance
of the proffered condition. He further stated the proffered
condition has been withdrawn since the Planning Commission
heard the request. He stated staff now recommends approval
of the request with no conditions.
In response to Mr. Miller's question, Mr. Turner stated the
proffered condition addressed improvements to Jefferson Davis
Highway. He further stated the subject property does not
front Jefferson Davis Highway; therefore, the condition was
not appropriate and has been withdrawn. He stated, in his
opinion, withdrawal of the proffered condition would not have
affected the Planning Commission's decision.
Mr. Mack McGinnis, representing the applicant, stated staff's
recommendation is acceptable.
Mr. Barber 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 05SN0168 with no conditions.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05-210
03/09/05
05SR0186
In Bermuda Magisterial District, GARRETT MCGOWAN AND PATRICIA
C. MCGOWAN request Conditional Use and amendment of zoning
district map to permit a business (lawn care) operated
incidental to a dwelling unit. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for light industrial use. This request lies in
an Agricultural (A) District on 1.0 acre and is known as
13610 Golf Course Road. Tax ID 811-650-3454 (Sheet 27).
Mr. Turner presented a summary of Case 05SR0186 and stated
the Planning Commission and staff recommended approval
subject to conditions.
Mr. Garrett McGowan stated the recommendation is acceptable.
Mr. Barber called for public comment.
No one came forward to speak to the request.
In response to Mr. King's question, Mr. Turner stated there
is no time limitation for the conditional use, but it is
restricted to the applicants.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved Case 05SR0186, subject to the following conditions:
This Conditional Use shall be granted to and for Garrett
McGowan or Patricia C. McGowan exclusively, and shall
not be transferable or run with the land. (P)
This Conditional Use shall be limited to the operation
of a lawn care and landscaping business only. With the
exception of Garrett McGowan and Patricia C. McGowan, a
maximum of three (3) employees shall be engaged in this
operation. (P)
Other than one (1) sign not to exceed one (1) square
foot in area, there shall be no signs permitted to
identify this use. Such sign shall not be illuminated.
(P)
Ail storage associated with this use shall be within the
detached garage shown on the plan attached to the
~Request Analysis" or to the west of the detached
garage. There shall be no additional structures or
additions to existing structures to accommodate this
use. (P)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05SN0189
In Midlothian Magisterial District, CONREAL, LLC requests
amendment to zoning (Cases 03SN0245 and 04SN0297) and
amendment of zoning district map to permit drive-in or drive-
through facilities associated with a bank or other financial
05-211
03/09/05
institution. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
suburban commercial, medium and medium high density
residential use of 1.51 to 7.0 units per acre. This request
lies in a Community Business (C-3) District on 6.4 acres
fronting approximately 470 feet on the east line of Walmart
Way from a point measured approximately 800 feet off the
north line of Midlothian Turnpike. Tax IDs 735-709-Part of
5944 and 8503; and 736-709-1439 and Part of 4223 (Sheet 6).
Mr. Turner presented a summary of Case 05SN0189 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered condition.
Mr. Bill Sowers, representing the applicant, stated the
Planning Commission's recommendation is acceptable.
Mr. Barber called for public comment.
No one came forward to speak to the request.
On motion of Mr. Barber, seconded by Mr. Warren, the Board
approved Case 05SN0189 and accepted the following proffered
condition:
Uses. No portion of the Property shall be used for any
of the following:
(f)
Any use with drive-in or drive-through facilities,
except for a bank or other financial institution.
(p)
(Staff Note: This condition amends Proffered Condition 1 of
Cases 03SN0245 and 04SN0297. All other conditions of Cases
03SN0245 and 04SN0297 remain in effect.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05S~0204
In Clover Hill Magisterial District, MT. GILEAD FULL GOSPEL
INTERNATIONAL MINISTRIES requests Conditional Use and
amendment of zoning district map to permit a private school
use in an Agricultural (A) District. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for mixed use corridor and community
mixed use. This request lies on 60.4 acres lying
approximately 770 feet off the north line of Hicks Road and
at the southern terminus of Vixen Lane. Tax IDs 759-694-3145
and 760-694-2183 (Sheet 11).
Mr. Turner presented a summary of Case 05SN0204 and stated
the Planning Commission and staff recommended approval
subject to conditions.
Minister Gerard Smith, representing the applicant, stated the
recommendation is acceptable.
Mr. Barber called for public comment.
05-212
03/09/05
No one came forward to speak to the request.
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
approved Case 05SN0204, subject to the following conditions:
Except where the requirements of the underlying A 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 and the Route
360 Corridor East Corridor focus area. (P)
o
The setback criteria shall apply to any outdoor play
fields, courts, swimming pools and similar active
recreational areas:
so
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 west, from Tax IDs 760-694-8853
and 760-695-7244 and 8022 and from Foxberry and
Surreywood Subdivisions. Within this setback,
existing vegetation shall be supplemented, where
necessary, with landscaping or other devices
designed to achieve the buffering standards
contained in Section 19-522 (a) (2) of the Zoning
Ordinance.
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
west from Tax IDs 760-694-8853 and 760-695-7244 and
8022 and from Foxberry and Surreywood Subdivisions,
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.
C ·
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)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05BN0205
In Clover Hill Magisterial District, NEXTEL COMMUNICATIONS OF
THE MID-ATLANTIC, INC. requests Conditional Use and amendment
of zoning district map to permit a communications tower in a
Corporate Office (0-2) District. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
05-213
03/09/05
property is appropriate for office use. This request lies on
8.0 acres and is known as 300 Arboretum Place. Tax ID 753-
704-9059 (Sheets 6 and 7).
Mr. Turner presented a summary of Case 05SN0205 and stated
the Planning Commission and staff recommended approval
subject to conditions.
Mr. Greg Tully, representing
recommendation is acceptable.
the applicant, stated the
Mr. Barber called for public comment.
No one came forward to speak to the request.
On motion of Mr. Warren, seconded by Mr. King, the Board
approved Case 05SN0205, subject to the following conditions:
The developer shall be responsible for correcting any
frequency problems which affect the Chesterfield County
Communications System caused by this use. Such
correction shall be made immediately upon notification
by the Chesterfield County Communications and
Electronics staff. (GS)
o
The color, design and lighting system for the tower
shall be as follows:
a o
The tower shall be gray or another neutral color,
acceptable to the Planning Department.
bo
The tower shall be designed and erected as a
flagpole.
c. The tower shall not be lighted. (P)
At such time that the tower ceases to be used for
communications purposes for a period exceeding twelve
(12) consecutive months, the owner/developer shall
dismantle and remove the tower and all associated
equipment from the property. (P)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05SN0208
In Matoaca Magisterial District, MELISSA BLACKMORE requests
Conditional Use and amendment of zoning district map to
permit a family day care home in a Residential (R-9)
District. 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 one (1) unit per acre or less. This request lies on .3
acre and is known as 15918 Hampton Glen Court. Tax ID 713-
666-9888 (Sheet 15).
Mr. Turner presented a summary of Case 05SN0208 and stated
the Planning Commission and staff recommended approval
subject to conditions.
05-214
03/09/05
Ms. Melissa Blackmore, representing the applicant, stated the
recommendation is acceptable.
Mr. Barber called for public comment.
No one came forward to speak to the request.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved Case 05SN0208, subject to the following conditions:
This Conditional Use shall be granted to and for Melissa
Blackmore, exclusively, and shall not be transferable or
run with the land. (P)
o
There shall be no additions or alterations to the
existing structure to accommodate this use. (P)
o
There shall be no signs permitted to identify this use.
(p)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05SN0209
In Bermuda Magisterial District, KELLY BROD requests
amendment to Conditional Use Planned Development (Case
84S149) 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 4.0 units per acre or less. This request
lies in Residential (R-9, R-12 and R-15) Districts on 86.6
acres fronting approximately 250 feet on the north line of
Ramblewood Drive, also fronting approximately 2,000 feet on
the east line of Golf Course Road south of Old Bermuda
Hundred Road and fronting approximately 2,200 feet on the
southeast line of Old Bermuda Hundred Road approximately 800
feet south of East Hundred Road. Tax ID 812--651-7817
(Sheets 27 and 35).
Mr. Turner presented a summary of Case 05SN0209 and stated
the Planning Commission and :staff recommended approval and
acceptance of the proffered conditions.
No one was present representing the applicant.
Mr. King stated two people contacted him today expressing
concerns about the location of the proposed model home. He
further stated, since the applicant is not present, he would
like to defer the case for 30 days.
Mr. Barber called for public comment.
No one came forward to speak to the deferral.
On motion of Mr. King, seconded by Mr. Warren, the Board
deferred Case 05SN0209 until April 27, 2005.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05-215
03/09/05
05SN0216
In Bermuda Magisterial District, VA BAPTIST CHILDRENS' HOME
AND FAMILY SERVICES 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 property is appropriate for mixed use:
neighborhood office and single family residential use. This
request lies on 0.6 acre and is known as 3309 W. Hundred
Road. Tax ID 794-655-0966 (Sheet 26).
Mr. Turner presented a summary of Case 05SN0216 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Steven Richardson, representing the applicant, stated the
recommendation is acceptable.
Mr. Barber called for public comment.
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved Case 05SN0216 and accepted the following proffered
conditions:
Prior to any site plan approval, forty-five (45) feet of
right of way on the south side of West Hundred Road
(Route 10), measured from the centerline of that part of
that part of Route 10 immediately adjacent to the
property, shall be dedicated, free and unrestricted, to
and for the benefit of Chesterfield County. (T)
o
Direct access from the property to Route 10 shall be
limited to one (1) entrance/exit. The exact location of
this access shall be approved by the Transportation
Department. Prior to any site plan approval, an access
easement, acceptable to the Transportation Department,
shall be recorded from Route 10 across the property to
provide shared use of this access with an adjacent
property. (T)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05SN0217
In Matoaca Magisterial District, DAVID PERNO requests a
Conditional Use and amendment of zoning district map to
permit a dwelling unit separated from the principal dwelling
unit in a Residential (R-88) District. Residential use of up
to 0.50 unit per acre is permitted in a Residential (R-88)
District. The Comprehensive Plan suggests the property is
appropriate for residential use of 1 to 5 acre lots, suited
for Residential (R-88) zoning. This request lies on 3.7
acres and is known as 12607 Chesdin Landing Drive. Tax ID
739-625-5882 (Sheet 39).
05-216
03/09/05
Mr. Turner presented a summary of Case 05SN0217 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Mike Foltz, representing the applicant,
recommendation is acceptable.
stated the
Mr. Barber called for public comment.
No one came forWard to speak to the request.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved Case 05SN0217 and accepted the following proffered
conditions:
Occupancy of the dwelling unit separated from the
principal dwelling unit shall be limited to: the
occupants of the principal dwelling unit, individuals
related to them by blood, marriage, adoption or
guardianship, foster children, guests and any domestic
servants. (P)
Prior to release of a building permit, a deed
restriction shall be recorded setting forth the
limitation in Condition 1 above. The deed book and page
number of such restriction and a copy of the restriction
as recorded shall be submitted to the Planning
Department. (P)
Ayes: Barber, King, Humphrey, ]Miller and Warren.
Nays: None.
04SR0250
In Dale Magisterial District., DOUGLAS J. AND DEBORAH A.
HACKMAN request renewal of Conditional Use Planned
Development (Case 03SR0100) and amendment of zoning district
map to permit office use and exceptions to Ordinance
requirements. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests tlhe property is appropriate for
residential use of 1.0 - 2.5 units per acre. This request
lies in an Agricultural (A) ]District on 7.2 acres fronting
approximately 670 feet on the west line of Newbys Bridge Road
approximately 200 feet south of Sunny Grove Road. Tax IDs
758-681-2847 and Part of 4279 (Sheet 17).
Ms. Rogers presented a summary of Case 04SR0250, including a
history of the original Conditional Use request; a subsequent
rezoning approval that would allow the applicants to relocate
their business to an alternate location; and deferrals of the
subject request for renewal of the Conditional Use. She
stated staff recommends denial because the proposed zoning
and land use do not conform with the Central Area Plan and
the applicants have failed to diligently pursue relocation of
the operation to a properly-zoned site during the past
renewal period. She further stated, in June 2004, the
Planning Commission recommended approval and acceptance of
the proffered conditions, indicating that the additional 18
months would give the applicants time to relocate their
business.
05-217
03/09/05
Mr. Andy Scherzer, representing the applicant, provided
details of events that have delayed the applicant's process
of relocating its existing business. He requested the
Board's patience for an additional 18 months to allow the
applicants time to relocate their business.
Mr. Barber called for public comment.
No one came forward to speak to the request.
Mr. Miller expressed concerns that it has been nearly four
years since the applicants were first cited with a violation
for the existing business. He stated he believes the
applicants have been provided ample time to relocate their
business, and he is not comfortable providing a renewal of
the Conditional Use.
Mr. Miller then made a motion, seconded by Mrs. Humphrey, for
the Board to deny Case 04SR0250.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
04SN0271
In Bermuda Magisterial District, JACK AND NINA SHOOSMITH
request rezoning and amendment of zoning district map from
Community Business (C-3) to Community Business (C-3) with
Conditional Use Planned Development to permit exceptions to
Ordinance requirements. The density of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for mixed use which could include corporate office and
multifamily residential uses of 7 to 10 units per acre and
residential uses of 1.01 to 2.5 units per acre. This request
lies on 20.4 acres fronting approximately 1,250 feet on the
south line of Iron Bridge Road approximately 1,000 feet on
the east line of Branders Bridge Road and approximately 900
feet on the north line of West Hundred Road and located at
the intersection of these roads. Tax IDs 782-651-3577, 4567,
5761, 7069 and 9075; 782-652-0316, 5011 and 9213; and 783-
652-1315 (Sheet 26).
Ms. Rogers presented a summary of Case 04SN0271 and stated
setback exceptions have been requested for buildings, parking
and drives to be reduced to 25 feet from Route 10, Branders
Bridge Road and West Hundred Road. She further stated staff
is concerned that the setback reductions will not provide
adequate separation and noise abatement for residential
development located south of West Hundred Road and that they
will negatively impact the continuity of development within
this portion of the Route 10 Corridor. She stated staff
recommended denial because the proposed zoning and land use
do not conform to the Chester Village Plan, and approval of
the request could set a precedent for additional commercial
development in areas designated on the Plan for mixed use.
She further stated the Planning Commission recommended
approval and acceptance of the proffered conditions,
indicating that the community supports the proposal and the
proffered conditions will ensure a quality development.
05-218
03/09/05
In response to Mr. King's question regarding traffic concerns
raised by area residents, Ms. Rogers stated Proffered
Condition 13.g. addresses those concerns by providing for
construction of a traffic island/circle in West Hundred Road
at the approved access.
Mr. Andy Scherzer, representing the applicant, stated
conditions were crafted, with the assistance of area
residents, to create a healthy, viable shopping center. He
further stated the applicant has agreed to provide a traffic
honing device, as well as sidewalks, street trees and
lighting. He stated the applicant has also agreed to provide
road and crosswalk improvements and has limited certain types
of uses. He further stated the Planning Commission
unanimously supported the proposal, and requested the Board's
approval.
Mr. Barber called for public comment.
No one came forward to speak to the request.
Mr. King stated the subject property is located in an
aesthetic-sensitive area. He thanked the applicant and
Planning Commissioner Jack Wilson for working diligently with
area residents to come up with an aesthetically pleasing
proposal and to provide a traffic circle to address
residents' concerns.
Mr. King then made a motion, seconded by Mr. Warren, for the
Board to approve Case 04SN0271 and accept the proffered
conditions.
Mrs. Humphrey stated the proposal represents new life for
this area, indicating that she will support Mr. King's motion
for approval.
Mr. Barber called for a vote on the motion of Mr. King,
seconded by Mr. Warren, for the Board to approve Case
04SN0271 and accept the following proffered conditions:
Utilities. Public water and wastewater systems shall be
used. (U)
o
Timbering. Except for the timbering approved by the
Virginia State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance
permit has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. (EE)
Stormwater Management.
so
For any area that drains to the Chester Fishing
Club Pond, the developer shall not opt-out of the
Chesapeake Bay Preservation requirements. The Best
Management Practice (BMP) used for the development
shall be designed so that it can be monitored by
the developer to determine if the percentage of
removal of phosphorous, as indicated by the State,
is being achieved. This monitoring plan shall be
submitted by the developer to the Department of
Environmental Engineering's Water Quality Section
for their review and approval.
05-219
03/09/05
o
bo
Uses.
The existing lake owned by Chester Fishing Club
must be analyzed for any adverse hydrological
impact as a result of the new development. The
cost of all hydraulic improvements shown to be
necessary by the analysis shall be borne by the
applicant, developer, or assigns. The improvements
shall be made in accordance with a plan that
schedules improvements to be made at such time to
prevent the increasing runoff from exceeding the
dam's hydraulic capacity. Any hydraulic
improvements shall be designed and certified by a
Professional Engineer. (EE)
Uses on property known as Tax ID 783-652-1315 shall
be limited to offices, funeral homes or mortuaries.
bo
A minimum of an 8,000 gross square foot building
shall be constructed at the northeastern most
portion of Tax ID 783-652-1315; provided however,
that a BMP may be constructed between such building
and Route 10. Until Certificates of Occupancy have
been issued for this building, no more than 100,000
gross square feet of C-3 uses, excluding those uses
permitted by right or with restrictions in the
Neighborhood Office (0-1) District, shall receive
any Certificates of Occupancy. (p)
Except as noted in Proffered Condition 4.a. uses
shall be limited to those uses permitted by-right
and with restrictions in the C-3 District except
the following uses shall not be permitted:
i. Cocktail lounges and nightclubs,
ii. Pool halls.
iii. Second hand shops.
iv. Skating rinks.
v. Video arcades.
vi. Bowling alley.
(Note: In the event additional uses are allowed in
the C-3 zoning classification, at no time shall
multifamily housing, townhouses, or pawnshops be
permitted). (P)
Buffer. A seventy-five (75) foot buffer shall be
maintained adjacent to Tax ID's 783-632-3521 and 783-
651-2283. This buffer shall conform to sections 19-520
(a), 19-521 and 19-522 of the Zoning Ordinance.
Additional medium evergreen shrubs shall be provided
within this buffer at a height of three (3) to four (4)
feet at time of planting and planted at an average rate
of one per eight (8) foot within this buffer. (Note:
This condition allows modification of the buffer
requirement by the Planning Commission through site plan
review.) (P)
Tenant Size. With the exception of one tenant, no tenant
space shall exceed 50,000 gross square feet in area.
Provided further, in no event shall a tenant space
exceed 65,000 gross square feet in area. (P)
05-220
03/09/05
o
10.
11.
12.
Design Guidelines. The development shall comply with
the requirements of the Chester Village design criteria
found in the 'Development Requirements - Village
District' as stated in the Chesterfield County Zoning
Ordinance as it pertains to the following:
External Lighting
Street Lighting
Street Tree Planting (P)
Building Heights. Building heights shall not exceed one
and a half stories. (P)
Architecture. The architectural treatment of buildings,
to include materials, color and style, shall be
compatible with Rivers Bend Shopping Center.
Compatibility may be achieved through the use of similar
building massing, materials, scale, colors or other
architectural features. (P)
Sidewalks. Sidewalks, and crosswalks where necessary,
shall be constructed along the east side of Branders
Bridge Road, the north side of West Hundred Road and the
south side of Route 10 for the entire length of the
subject properties adjacent to such roads. The exact
location and design of these improvements shall be
determined by the Transportation and Planning
Departments. (T&P)
Transportation. Prior to any final site plan approval,
the following rights of 'way shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County:
a o
One hundred (100) feet of right of way on the south
side of Route 10, measured from the centerline of
that part of Route 10, immediately adjacent to the
property;
Forty-five (45) feet of right of way on the east
side of Branders Bridge Road, measured from the
centerline of that part of Branders Bridge Road,
immediately adjacent to the property;
C o
Forty-five (45) feet of right of way on the north
side of West Hundred Road, measured from the
centerline of that part of West Hundred Road,
immediately adjacent to the property. (T)
Access. Direct access from the property to Route 10
shall be limited to two (2) entrance/exits. One (1)
Route 10 access shall be located approximately midway of
the Route 10 property frontage, and the second Route 10
access shall be located towards the eastern property
line. Direct access from the property to Branders
Bridge Road shall be limited to two (2) entrance/exits.
One (1) entrance/exit on Branders Bridge Road shall
generally align Carver Heights Drive and be designed to
preclude vehicles exiting the property from traveling
southbound on Branders Bridge Road. The second
entrance/exit on Branders Bridge Road shall be located
approximately halfway between Carver Heights Drive and
Route 10 and shall be limited to right turns only. The
05-221
03/09/05
13.
exact location and design of these accesses shall be
approved by the Transportation Department. Direct
access from the property to West Hundred Road shall be
limited to one (1) entrance/exit located towards the
eastern property line. The exact location of this
access shall be approved by the Transportation
Department. Prior to any site plan approval, an access
easement(s), acceptable to the Transportation
Department, shall be recorded across the property to
ensure use of these accesses with adjacent properties.
(T)
Road Improvements. To provide an adequate roadway
system, the developer shall be responsible for the
following:
so
bo
c o
do
eo
f o
Construction of additional lane of pavement along
the eastbound lanes of Route 10 for the entire
property frontage;
ho
Construction of an additional lane of pavement
along the eastbound lanes of Route 10 at each
approved access to provide a separate right turn
lane;
Construction of a new crossover on Route 10, east
of the Branders Bridge Road intersection, located
towards the eastern property line. The exact
location of this crossover shall be approved by the
Transportation Department. Adequate left turn
lanes shall be constructed in both directions on
Route 10 at this crossover;
Full cost of traffic signalization at the site
access/Route 10 intersection, if warranted as
determined by the Transportation Department;
Construction of an additional lane of pavement
along Branders Bridge Road for the entire property
frontage;
Full cost of traffic signal modification at the
Branders Bridge Road/Route 10 intersection, if
required as determined by the Transportation
Department;
Construction of a traffic island/circle in West
Hundred Road at the approved access, if approved by
the Transportation Department and VDOT. In the
event a traffic island/circle is not approved for
the West Hundred Road access, additional pavement
shall be constructed along West Hundred Road at the
approved access to provide left and right turn
lanes, if warranted. Relocation of the ditch to
provide an adequate shoulder along the north side
of West Hundred Road for the entire property
frontage; and
Construction of a raised median along Branders
Bridge Road from Route 10 to West Hundred Road with
a directional crossover at Carver Heights Drive.
This directional crossover shall be designed to
preclude vehicles exiting the property from
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03/09/05
traveling southbound on Branders Bridge Road. The
exact length and design of these improvements shall
be approved by the Transportation Department;
Construction of additional pavement along Branders
Bridge Road to provide a right turn lane at each
approved access;
j o
Construction of additional pavement along Branders
Bridge Road to provide a left turn lane at the
directional crossover at Carver Heights Drive; and
Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. (T)
14.
Prior to any final site plan approval, a phasing plan
for the required road improvements, as identified
herein, shall be submitted to and approved by the
Transportation Department. (T)
15.
The Textual Statement dated July 6, 2004 and revised
February 14, 2005, shall be considered the Master Plan.
(P)
16.
Notification. The developer shall be responsible for
notifying by registered,, certified or first class mail
the last known representative on file with the
Chesterfield County Planning Department of Chester
Community Association and the Chester Fishing Club of
the submission of any site plan for the development.
Such notification shall occur as soon as practical, but
in no event less than twenty-one (21) days prior to the
approval of such plans. The developer shall provide the
Planning Department with evidence that such notice was
sent. (P)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05SN0129
In Bermuda Magisterial District, STEPHEN MARCUS requests
rezoning and amendment of zoning district map from
Residential {R-7) to Community Business (C-3). The density
of such amendment will be colntrolled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for community commercial use. This
request lies on 2.3 acres fronting approximately tlhirty-five
(35) feet on the south line of Dundas Road approximately 425
feet west of Jefferson Davis Highway. Tax ID 790-683-Part of
5379 (Sheet 12).
Ms. Rogers presented a summary of Case 05SN0129 and stated,
in response to concerns expressed by area residents,
proffered conditions address setbacks, tree preservation,
screening of parking and loading areas, height of lighting,
hours of operation, and architectural compatibility with
surrounding residential development. She further stated the
Planning Commission and staff recommended approval and
05-223
03/09/05
acceptance of the proffered conditions. She noted the
request conforms to the Jefferson Davis Corridor Plan.
Mr. Dean Hawkins, representing the applicant,
recommendation is acceptable.
stated the
Mr. Barber called for public comment.
Mrs. Margaret Davis, President of the Bensley Area Civic
Association, stated she previously opposed the request at the
Planning Commission meeting. She further stated, since the
Planning Commission's meeting, the residents were informed of
the type of development that could be constructed on the
property with the current R-7 zoning, indicating that the
residents now support the request.
Ms. Renee Eldred, a resident of Sherbourne Road, expressed
concerns that overnight parking will be allowed at the
proposed development. She stated she would rather have seen
nice homes built on the subject property and hopes the
Planning staff will help the Bensley community clean up
Jefferson Davis Highway.
There being no one else to speak to the request, the public
hearing was closed.
Mr. King stated, with the current R-7 zoning, the property
owner could build any type of home without the necessity for
Board approval. He further stated he would love to see nice
homes built on the property, but there is no likelihood of
that happening. He stated the Bensley residents love their
community, and he was truthful with them when he told them he
had no control over the type of residential construction that
could occur on the R-7 zoned property. He further stated the
proposal conforms to the Jefferson Davis Corridor Plan;
Sherbourne United Methodist Church has no objections; and
residents along Sherbourne Road have embraced the choice of
business versus smaller high-density homes. He noted the
property is currently vacant and unsightly, and he does not
think anything better could have been chosen for the property
than this low-impact business. He stated he believes the
conditions have been crafted to provide as little impact as
possible on the neighborhood.
Mr. King then made a motion, seconded by Mr. Miller, for the
Board to approve Case 05SN0129 and accept the proffered
conditions.
Mr. Miller stated cases such as this one are some of the most
difficult ones the Board must to consider. He congratulated
Mr. King on what has been accomplished between the applicant
and the residents.
Mr. Barber called for a vote on the motion of Mr. King,
seconded by Mr. Miller, for the Board to approve Case
05SN0129 and accept the following proffered conditions:
1. The uses permitted shall be limited to the following:
a) Contractors' Offices and Display Rooms;
b) Offices;
c) Warehouses for permitted uses. (P)
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03/09/05
o
Except for timbering approved by the Virginia Division
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)
Storm runoff shall be detained on site and managed so as
not to exceed the capacity of the culvert under Dundas
Road for the 10-year storm event. (EE)
No Direct access shall be provided from the property to
Dundas Road. (T)
Prior to any site plan approval, thirty-five (35) feet
of right-of-way on the south side of Dundas Road,
measured from the centerline of that part of Dundas Road
immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
The public water and wastewater systems shall be used.
A 120-foot setback for buildings, parking area and
drives shall be required adjacent to the western
property boundary· Within the westernmost 100 feet of
this setback, trees containing a minimum of four (4)
inches in caliper shall be preserved except when removal
is required for the installation of utilities or
drainage facilities to serve the Property. This
condition does not preclude the removal of dead or
diseased trees. (P)
Ail structures shall have an architectural style
compatible with surrounding residential neighborhoods.
No visible flat or shed roofs shall be permitted.
Compatibility may be achieved through the use of similar
building massing, materials, scale or other
architectural features. (P)
Ail loading areas shall be oriented away from the
adjacent residentially-zoned properties. (P)
10.
Ail lighting shall be mounted on poles not to exceed
twenty (20) feet (P)
11. No use shall be open to the public between the hours of
8:00 p.m. and 6:00 a.m. (P)
12.
The view of parking areas from residential properties to
the west shall be screened by building(s) or shall be
minimized with evergreen shrub hedgerows planted the
length of such parking areas. The exact plant size and
species of this evergreen hedgerow shall be reviewed and
approved by the Planning Department in conjunction with
site plan approval. (P)
13.
Leyland Cypress trees shall be planted along the western
and southern property boundaries, beginning at the
northern boundary of Tax ID 790-683-3294 and ending at
the location of the site entrance on Sherbourne Road.
At the time of planting, these trees shall be a minimum
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03/09/05
height of seven (7) feet and shall be planted a maximum
of ten feet on center. These plantings shall be in
addition to those required by Ordinance within the
buffer areas. (P)
14.
A gate having a minimum height of six (6) feet shall be
installed at the site entrance to Sherbourne Road to
secure access to the property during non-operational
hours. (P)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05SN0148
In Bermuda Magisterial District, MICHAEL BARR requests
rezoning and amendment of zoning district map from
Residential (R-12), General Business (C-5) and Light
Industrial (I-l) to Residential (R-12). Residential use of
up to 3.63 units per acre is permitted in a Residential (R-
12) District. The Comprehensive Plan suggests the property is
appropriate for community commercial use and for residential
use of 2.51 to 4.0 units per acre. This request lies on 15.5
acres fronting approximately 970 feet on the south line of
Hamlin Creek Parkway approximately 700 feet east of Chester
Road. Tax IDs 788-665-Part of 9224 and 789-664-Part of 3463
(Sheet 26).
Ms. Rogers presented a summary of Case 05SN0148 and stated
staff recommended denial because the proposed zoning and land
use do not comply with the Chester Village Plan fail to
provide for appropriate transition between commercial and
single family residential uses. She further stated the
Planning Commission recommended approval and acceptance of
the proffered conditions, indicating that the proffered
conditions do address the compatibility issues.
Mr. Andy Scherzer, representing the applicant, stated the
proposal represents a modest addition to the existing
subdivision and has support of the community. He requested
the Board's approval.
Mr. Barber called for public comment.
No one came forward to speak to the request.
Mr. King stated this is one of the rare occasions when he
would consider a proposal to rezone from business to
residential. He further stated he believes the storage
facility provides an adequate transition between the uses,
and the proposal is compatible with the adjacent residential
neighborhood.
Mr. King then made a motion, seconded by Mrs. Humphrey, for
the Board to approve Case 05SN0148 and accept the proffered
conditions.
Mrs. Humphrey stated she feels the proposed development will
enhance the residential aspect of the Route 288 intersection,
not deter from its future.
05-226
03/09/05
Mr. Barber called for a vote on the motion of Mr. King,
seconded by Mrs. Humphrey, for the Board to approve Case
05SN0148 and accept the following proffered conditions:
1. Public water and wastewater shall be used. (U)
The applicant, subdivider, or assignee(s) shall pay the
following to the County of Chesterfield prior to the
issuance of any building permit(s) for infrastructure
improvements within the service district for the
property:
ao
$11,500.00 per dwelling unit, if paid prior to July
1, 2005; or
Bo
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 which
proffered within 15 years of receipt, the cash
shall be returned in full to the payor. (B&M)
Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices installed. (EE)
o
Ail dwelling units shall have a minimum gross floor area
of 1800 square feet. (P)
o
Ail exposed portions of the foundation of each dwelling
unit shall be faced with brick or stone veneer. Exposed
piers supporting front porches shall be faced with brick
or stone veneer. (P)
o
The development of that part of the property located on
the south side of Hamlin Creek Parkway shall be designed
to minimize the number of lots fronting Hamlin Creek
Parkway and to minimize the impact of the commercial
development to the north. Such design shall include,
but not necessarily be limited to, the orientation of
the lots, landscaping or other design features.
However, under no circumstances shall there be more than
two (2) lots fronting the south line of Hamlin Creek
Parkway. The exact design shall be approved at the time
of tentative subdivision review. (P)
o
The maximum density of this development shall not exceed
20 lots. (P)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
Mr. Barber excused himself from the meeting.
05-227
03/09/05
05SN0172
In Clover Hill Magisterial District, STEPHEN THOMAS 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 18.1 acres and is
known as 10114 West Providence Road. Tax ID 749-693-1457
(Sheet 10).
Ms. Rogers presented a summary of Case 05SN0172 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions. She noted the
proposal conforms to the Northern Area Plan. She stated the
proffered conditions address drainage improvements, and the
Planning Commission indicated these improvements should
address the drainage issues raised by an area resident during
their public hearing of the request.
Mr. Andy Scherzer, representing the applicant,
recommendation is acceptable.
stated the
Mr. King called for public comment.
Mrs. Joan Ellis, adjoining property owner to the west,
expressed concerns relative to existing drainage problems and
future water flow that might occur on her property as a
result of the proposed development. She stated she does not
object to the proposed development, just to the fact that
runoff from the development will affect her property.
Mr. Warren noted that drainage issues at the Pocoshock Golf
Course were corrected by new development. He stated the
proposed development will provide drainage improvements, and
Mrs. Ellis may end up in a better situation.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Warren stated he believes the proffered conditions will
address Mrs. Ellis's concerns. He further stated the
proposal has the support of both the Planning Commission and
staff.
Mr. Warren then made a motion, seconded by Mr. Miller, for
the Board to approve Case 05SN0172 and accept the proffered
conditions.
Mrs. Humphrey inquired how the applicant will address the
drainage issues raised by Mrs. Ellis.
Mr. Scherzer stated the applicant will be required to adhere
to new standards for detaining water. He further stated the
drainage improvements proposed by the applicant should
intercept some of the drainage that is currently flowing
unrestricted.
Mrs. Humphrey suggested that Mrs. Ellis be involved in the
subdivision process, which will include locating of the
drainage pipes.
05-228
03/09/05
Mr. Scherzer stated the applicant has also proffered a
condition to provide notification to adjacent property owners
of the submission of any tentative subdivision plans for the
development, and Mrs. Ellis will be included on the list of
residents to be notified.
Mr. King called for a vote on the motion of Mr. Warren,
seconded by Mr. Miller, for the Board to approve Case
05SN0172 and accept the following proffered conditions:
1. Public water and waste water systems shall be used. (U)
o
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:
$11,500.00 per dwelling unit, if paid prior to July
1, 2005; or
Be
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.
C o
In the event the cash payment is not used for which
proffered within 15 years of receipt, the cash
shall be returned in full to the payor. (B&M)
Development shall be limited to twenty-five (25) lots.
(p)
4. Manufactured homes shall not be permitted. (P)
o
The minimum lot size shall be 15,000 square feet.
Provided further that the minimum lot size of any lot
immediately adjacent to Eaglewood Subdivision Section I
shall be 43,560 square feet. (P)
The minimum gross floor area for dwelling units shall be
2000 square feet. (P)
o
Ail exposed portions of the foundation of each new
dwelling unit shall be faced with brick or stone veneer.
Exposed piers supporting front porches shall be faced
with brick or stone veneer. (BI & PI,
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)
o
Direct access from the property to Providence Road shall
be limited to one (1) public road. The exact location of
this access shall be approved by the Transportation
Department. (T)
10.
In conjunction with recordation of the initial
subdivision plat, forty-five (45) feet of right-of-way
05-229
03/09/05
11.
12.
13.
along the north side of Providence Road, measured from
the centerline of that part of the roadway 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, the developer
shall be responsible for the following improvements:
ao
Construction of additional pavement along
Providence Road at the approved access to provide a
right turn lane, if warranted, based on
Transportation Department standards.
Widening/improving the north side of Providence
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
one-half (1 ~) inch of compacted bituminous asphalt
concrete, with any modifications approved by the
Transportation Department, for the entire property
frontage.
Co
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 ll, 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 improvements, as identified in
Proffered Condition 11, shall be submitted to and
approved by the Transportation Department. (T)
At a minimum the following restrictive covenants shall
be recorded in conjunction with the recordation of any
subdivision plat:
Architectural Board - The Architectural Board shall have
exclusive jurisdiction over all original construction,
modifications, additions or alterations made on any lot.
It shall prepare 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
05-230
03/09/05
requirements, foundations and length of structures.
Copies shall be available from the Architectural Board
for review. The guidelines and procedures shall be those
of 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 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 Declarant 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. The declarant may, at his option, delegate to
the Board his right to appoint one or more members of
the Architectural Board.
Mailboxes - Every improved lot shall be required to have
a mailbox with supporting post and post light of design
and installation as specified in the standards. Each lot
owner shall be responsible for the maintenance and
operation of the fixture, support, and mailbox.
Parking - Each property owner shall provide space for
the parking of automobiles off public streets prior to
the occupancy of any building or structure constructed
on said property in accordance with the standards.
Signs - No signs shall be erected or maintained on any
property by anyone including, but not limited to, the
owner, a realtor, a contractor, or a subcontractor,
except as provided for in the standards or except as may
be required by legal proceedings. Residential property
identification and like signs not exceeding a combined
total of more than one (1) square foot may be erected
without the written permission of the Declarant or the
Association.
Condition of Ground - It shall be the responsibility of
each property owner and tenant to prevent the
development of any unclean, unsightly, or unkempt
conditions of buildings or grounds on such property,
which shall tend to substantially decrease the beauty of
the neighborhood as a whole or the specific area.
Minimum Square Footage - No plan required under these
Covenants will be approved unless the proposed house or
structure has a minimum square footage of enclosed
dwelling space as specified in the standards. Such
minimum requirement for each lot will be specified in
each sales contract and stipulated in each deed. The
term ~enclosed dwelling area" as used in these minimum
size requirements does not include garages, terraces,
decks, open porches, and the like areas.
Residential Use -
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
05-231
03/09/05
shall be considered a residential use if such use
does not create customer or client traffic to and
from the lot. No structure, except as herein after
provided, shall be erected, altered, placed, or
permitted to remain on any lot other than one (1)
detached single family dwelling and one (1)
accessory building which may include a detached
private garage, provided the use of such accessory
building does not overcrowd the 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 o
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
commenced, except where such completion is impossible or
would result in great hardship to the owner or builder
due to the strikes, fires, national emergency, or
natural calamities. Houses and other dwelling structures
may not be temporarily or permanently occupied until the
exteriors thereof have been completed. During the
continuance of construction the owner of the lot shall
require the contractor to maintain the lot in a
reasonable clean and uncluttered condition.
Vehicle Storage - No mobile home, trailer, tent, barn,
or other similar out-building or structure shall be
placed on any lot at any time, either temporarily or
permanently. Boats, boat trailers, campers, recreational
vehicles, or utility trailers may be maintained on a
lot, but only when in an enclosed or screened area
approved by the Architectural Board such that they are
not generally visible from adjacent properties.
Temporary Structures - No structure of a temporary
character shall be placed upon any lot at any time
provided, however, that this prohibition shall not apply
to shelter or temporary structures used by the
contractor during the construction of the main dwelling
house, it being clearly understood that these latter
temporary shelters may not at any time be used as
residences or permitted to remain on the lot after
completion of construction. The design and color of
structures temporarily placed on the lot by a contractor
shall be subject to reasonable aesthetic control by the
Architectural Board.
Antennas - Except as otherwise provided by applicable
law, no television antenna, radio receiver or sender, or
05-232
03/09/05
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 Board 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 - 0nly 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. Motor Bikes All Terrain
Vehicles - No motor bikes, motorcycles, or all terrain
vehicles shall be driven upon the common area, lots, or
roads (unless properly licensed on roads) with the
exception of licensed vehicles and mopeds which shall be
operated solely upon the public streets for direct
ingress and egress purposes only.
External Lighting - No external lighting shall be
installed or utilized on any property, which is of such
character, intensity, or location as to interfere with
the use, enjoyment, and privacy of any lot or owner in
the near vicinity. No neon or flashing lights shall be
permitted. All external lighting shall be approved by
the Architectural Board as appropriate in size,
location, color, and intensity.
Swimming Pools - No swimming pool, whether in ground or
above ground, whether permanent or temporary, shall be
installed upon any lot without the prior written consent
of the Architectural Board. The Architectural Board
shall require that all swimming pools be adequately
screened.
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03/09/05
14.
15.
16.
17.
Declarant reserves the right to assign and transfer to
any person, persons, or entity some or all of its rights
provided herein and in such event such transferee shall
have and may exercise all such rights to the same extent
as if he, they, or it were the Declarant.
Declarant shall have the full right and privilege to
enforce all restrictions and conditions contained herein
by appropriate proceeding at law for damages and/or in
equity for appropriate injunctive relief and restraining
orders to prevent violations, or to require violations
to be corrected, together with damages sustained
including, without limitation, attorneys' fees and
costs. In addition, any Owner shall have, after
seventy-five percent (75%) or more of the Lots have been
conveyed to purchasers other than builders, the right to
enforce compliance with these restrictions as provided
in this paragraph.
These restrictions shall run with the land and be
binding upon any and all succeeding owners, their
personal representatives, estates, heirs, devisees,
assigns, or successors in interest or any other partied
having or taking an interest in or to the Property, or
any part thereof, and shall automatically be extended
for successive periods of ten (10) years unless
otherwise provided in a written instrument executed by
the owners of a majority of the Lots in the Subdivision
unless a release, waiver, or breach of any one or more
of the restrictions contained herein or any part thereof
is required or agreed to by a court or governmental
authority having jurisdiction over the Property. (P)
A fifteen (15) foot tree preservation strip shall be
maintained along the northern property line of Tax ID
749-693-1023. Utility easements shall be permitted to
cross this strip in a perpendicular fashion. Any
healthy trees that are six (6) inches in caliper or
greater shall be retained within this tree preservation
strip except where removal is necessary to accommodate
the improvements permitted by the preceding sentence.
This condition shall not preclude the removal of
vegetation from the tree preservation strip that is
unhealthy, dying or diseased. (P)
The existing gravel driveway that serves Tax ID 749-693-
1023 shall be relocated a minimum of ninety (90) feet
north of West Providence Road to provide access from Tax
ID 749-639-1023 to the proposed public road serving the
subject property. Plans depicting this relocation shall
be approved by the Planning Department at time of
tentative subdivision plan review. The relocated
driveway shall be installed prior to the recordation of
any subdivision plat. (P)
Drainage from the impervious surfaces of roofs and
driveways on lots abutting Tax ID 749-693-1023 shall
outfall into a swale provided for this purpose along the
eastern property line of Tax ID 749-693-1023. (EE)
The developer shall be responsible for notifying by
registered, certified or first class mail the owner of
TAX ID 748-693-6232 of the submission of any tentative
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03/09/05
subdivision plans for the development. Such notification
shall occur as soon as practical, but in no event less
than twenty-one (21) days prior to the approval of such
plans. The developer shall provide the Planning
Department with evidence that such notice was sent. (P)
18.
In conjunction with land disturbance and with permission
of the owner of TAX ID 749-693-1023, the existing
driveway culvert and associated drainage ditches on TAX
ID 749-693-1023 shall be analyzed and improved to
Chesterfield County Standards. (EE)
Ayes: King, Humphrey, Miller and Warren.
Nays: None.
Absent: Barber.
Mr. Barber returned to the meeting.
05SN0223
In Dale Magisterial District, CHESTERFIELD COUNTY HEALTH
COMMISSION requests rezoning and amendment of zoning district
map from Agricultural (A) to Multifamily Residential (R-MF)
with Conditional Use Planned Development to permit nursing
home, child care center and exceptions to Ordinance
requirements. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
office uses. This request lies on 26.7 acres fronting
approximately 150 feet on the west line of Government Center
Parkway, also fronting approximately 1~200 feet on the east
line of Courts Complex Road, also fronting approximately
1,300 feet on the south line of Courthouse Road and located
in the southeast quadrant of the intersection of these roads.
Tax IDs 769-665-Part of 9903; 770-664-Part of 6398; 771-665-
Part of 3354 and Part of 3701; and 773-665-Part of 2523
(Sheets 17 and 25).
Ms. Rogers presented a summary of Case 05SN0223 and stated
staff recommended denial because the proposal for 5he multi-
family units does not comply with the Central Area Plan and
the proposed single-family and two-family dwelling units are
not in scale with existing and anticipated development within
the Courthouse Complex. Sihe further stated the Planning
Commission recommended approval and acceptance of the
proffered conditions.
Mr. Miller inquired whether there are any additional
architectural standards besides the ones listed in Proffered
Condition 9.
Ms. Rogers stated the proposal will expand the existing
nursing home and attached to it would be a multi-family
building with apartments for the elderly. She noted each of
the units would have cooking, sleeping and eating facilities.
She stated the proposal also includes attached and detached
dwelling units on the remaining portion of the property.
Mr. Miller expressed concerns that the proposal addresses
building materials only with respect to architectural
05-235
03/09/05
treatment. He inquired whether an architectural prototype
could be proposed.
Ms. Rogers stated a condition could be crafted that the Board
could impose relative to architectural treatment, depending
upon what the Board wants the project to look like.
Ms. Leigh Robbins, Acting Executive Director of Lucy Corr
Village, representing the applicant, thanked the Board for
its support of the nursing home. She stated that, although
the Health Center Commission would appreciate the Board's
consideration of a cash proffer reduction, they are prepared
to accept the Planning Commission's recommendation. She
further stated Lucy Corr Village will retain sole ownership
of the proposed cottages and apartments. She expressed
concerns that Lucy Corr subsidizes the care of a large number
of Medicaid recipients, and the proposed development will
help to strengthen the facility's financial outlook.
Discussion ensued relative to the possibility of making the
transfer of county property to the Health Center Commission
contingent upon satisfactory architectural standards for the
proposed development.
Mr. Micas stated he does not believe architectural facade
controls could be tied to the transfer of property.
Mr. Miller apologized for not addressing this issue earlier,
and although he has no doubt that it will be a first-class
facility, he would prefer to have assurance regarding the
architectural treatment of the proposed facility.
Ms. Rogers stated if Mr. Miller has a specific project in
mind that he would want the proposed facility to resemble, a
condition might be crafted to address this issue.
Mr. Hammer stated has seen some of the early architectural
renderings of the proposed facility, indicating that it will
be an extremely attractive product with architecture
compatible with other high-quality developments. He further
stated the detached cottages and houses will be built to a
standard of quality that will be competitive against other
continuing care retirement communities in the area.
Mr. Miller stated he does not doubt that the project will be
a quality development, but would prefer that architectural
standards be detailed as a condition to the zoning.
After further discussion, Mr. Miller stated he would prefer
to defer the request for 30 days in order to address this
issue.
Mrs. Humphrey stated the Virginia State University dormitory
project might provide insight for crafting language regarding
architectural standards for this project. She inquired what
would happen if the Health Center Commission decided to sell
the units at some point in the future, indicating that the
Virginia State dormitory project included a condition
relative to collection of cash proffers if the facility were
to be sold in the future. She requested that this issue also
be addressed during the deferral period.
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03/09/05
Mr. Warren stated he believes this is a good project, and the
Board just needs to make sure that all of the details have
been addressed.
In response to Mr. Warren's ~estion, Ms. Robbins stated she
can provide an architectural rendering of the project to the
Board within 30 days.
Mr. Sonny Currin stated Lucy Corr Village is a great amenity
for the county. He further stated he understands the Board's
concern since the facility is located at the County Complex,
but does not believe the Health Center Commission would
provide anything that would be detrimental to the community.
He requested that the Board assist the Health Center
Commission as much as possible with the architectural
standards, as well as with the cash proffers.
No one came else came forward to speak to the request.
Mr. Miller apologized for not realizing before this time that
architectural standards had not been made a part of the
conditions.
Mr. Miller then made a motion, seconded by Mr. King, for the
Board to defer Case 05SN0223 'until April 27, 2005.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
17. PUBLIC HEARINGS
17.A. TO CONSIDER AMENDMENTS TO SECTIONS 17-73 AND 17-76 OF
THE SUBDIVISION ORDINANCE RELATING TO STANDARDS FOR
PAVING OF STREETS AND ACCEPTANCE INTO THE STATE SYSTEM
Mr. McElfish stated this date and time has been advertised
for a public hearing for the Board to consider ordinance
amendments relating to standards for paving of streets and
acceptance into the state system. He further stated a
committee comprised of members from the Homebuilders
Association of Richmond, the Municipal Contractors
Association, the Virginia Department of Transpo'rtation
(VDOT), and Environmental Engineering, Planning and Utilities
staff recommended the amendments. He stated the amendments
would provide for a three-layer system in new subdivision
roads to include base stone, base asphalt and surface
asphalt; change from 50 to 60 percent the number of building
permits that could be issued prior to application of base
asphalt; and increase the number of building permits allowed
to be issued from 80 percent to 90 percent prior to state
acceptance. He further stated the Planning Commission, on a
vote of three to two, supported the amendments, but
recommended changing the nu~er of building permits allowed
to be issued prior to state acceptance from 80 percent to 100
percent.
Mr. Barber called for public comment.
Mr. Mark Singer, Executive Director of the Richmond Area
Municipal Contractors Association, stated concerns were
raised by members of his organization regarding road paving
requirements. He urged the Board to approve staff's
05-237
03/09/05
recommendations, indicating that they will benefit the
county, its citizens, VDOT, homeowners and the entire
construction community. He expressed concerns that, although
the loads going into the subdivisions have increased
substantially, road paving standards have not changed in more
than 30 years and developers are not ending up with a
satisfying product for the citizens.
Mr. Barber inquired about the benefit of increasing the
number of building permits allowed to be issued prior to
state acceptance to 100 percent.
Mr. Singer stated, as a contractor, he believes there is a
benefit in increasing the number of building permits to 100
percent because better roads would result if all of the
construction occurred prior to putting down the final layer
of asphalt. He further stated he understands the county's
concerns relative to increasing the number to only 90 percent
to allow leverage for completion of the project.
Mr. David Reel, Executive Vice President of the Homebuilders
Association, stated he supports the Planning Commission's
recommendation.
Mr. Miller inquired whether VDOT would agree to the proposed
amendments.
Mr. McElfish stated the number of building permits issued
prior to state acceptance is a county policy - not a state
policy. He further stated VDOT has no problem with the
three-layer paving system, indicating that this is their
policy.
There being no one else to speak to the ordinance amendments,
the public hearing was closed.
Mr. King inquired whether it would be appropriate for Mr.
Jack Wilson, Bermuda District Planning Commissioner to come
forward and address the Board relative to the Planning
Commission's intent to increase the number of building
permits allowed prior to state acceptance to 100 percent.
Mr. Barber called forward Mr. Wilson.
Mr. Wilson stated, in recommending that 100 percent of the
building permits be allowed prior to state acceptance, the
Planning Commission was trying to address complaints from
citizens who had purchased lots in subdivisions and then
could not get a building permit because the roads had not
been completed. He noted state bond requirements allow the
county to require 125 percent of the cost of constructing
roads, and if the county were to require the 125 percent
bond, it would provide the necessary leverage to ensure that
the developer completed the roads and not create a situation
where residents were purchasing lots and not being able to
get their homes built. He stated the Planning Commission
will be considering a recommendation to amend the county's
ordinance to allow for a 125 percent bond for the cost of
road construction at its next meeting.
Discussion ensued relative to the process
developer's bond.
of pulling a
05-238
03/09/05
Mr. Ramsey stated concerns have been expressed about the
county getting into the road construction business,
indicating that the county would rather have an incentive in
place to provide for road completion by the developer. He
further stated there may be some merit to requiring the 125
percent bond, and the Board might want to defer consideration
of the requested action until the Planning Commission makes a
recommendation relative to the bond requirement.
Mr. Barber stated the Board could take action on the
requested amendments now and reconsider the issue if the 125
percent bond becomes available.
Discussion ensued relative to requiring developers to post a
bond that would require 125 percent of the cost of
constructing roads.
Mr. Barber made a motion, seconded by Mr. King, for the Board
to adopt the ordinance amendments recommended by staff
relating to standards for paving of streets and acceptance
into the state system, including increasing the number of
building permits allowed to be issued prior to state
acceptance from 80 percent to 90 percent, and upon receipt of
the Planning Commission's recommendation relative to
requiring 125 percent bonding, review the issue of increasing
the number of building permits to 100 percent.
Mr. Barber then called for a vote on his motion, seconded by
Mr. King, for the Board to adopt the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997~, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTIONS 17-73 AND 17-76 OF THE SUBDIVISION
ORDINANCE RELATING TO STANDARDS FOR PAVING OF STREETS AND
ACCEPTANCE INTO THE STATE SYSTEM
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1)
That Sections 17-73 and 17-76 of the Code of the County
of Chesterfield, 1997, as amended, is amended and re-
enacted to read as follows:
Sec. 17-73. Installation of Improvements and Bonding.
(2)
(3)
ooo
No more that 60 percent of the building permits in
any recorded section of a residential or
residential townhouse subdivision shall be issued
until the paving requirements in that section have
been completed.
No more that 90 percent of the building permits in
any section of a residential or residential
townhouse subdivision shall be issued until the
streets have been constructed to state standards
and accepted into the state system as applicable.
ooo
05-239
03/09/05
Sec. 17-76. Arrangement.
(k) The minimum pavement design for all local streets,
residential collector streets, private streets, alleys and
accessways in any subdivision shall have pavement designed
utilizing base stone, base asphalt, and surface asphalt as
approved by the director of environmental engineering.
ooo
(2)
That this ordinance shall become effective immediately
upon adoption.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
17.B. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK TRAFFIC
ON MCENNALLY ROAD
Mr. Stith stated this date and time has been advertised for
the Board to consider the restriction of through truck
traffic on McEnnally Road.
Mr. Barber called for public comment.
Mr. Warren excused himself from the meeting.
No one came forward to speak to the issue.
Mrs. Humphrey stated truck traffic has been using McEnnally
Road extensively for several years. She further stated
McEnnally Road meets three of the state's criteria for
prohibiting truck traffic, and noted there are several
alternatives for the truck traffic.
Mrs. Humphrey then made a motion, seconded by Mr. Miller, for
the Board to adopt the following resolution:
WHEREAS, the Chesterfield County Board of Supervisors
received a request to restrict any through truck or truck and
trailer or semi-trailer combination except pickup or panel
trucks from using McEnnally Road between North Spring Run
Road and Winterpock Road; and
WHEREAS, the recommended alternate route is Winterpock
Road, Hull Street Road, and North Spring Run Road; and
WHEREAS, Chesterfield County will use its good offices
for enforcement of the proposed restriction; and
WHEREAS, the Board has conducted a public hearing on the
restriction.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors requests the Virginia Department of
Transportation to restrict through truck traffic on McEnnally
Road between North Spring Run Road and Winterpock Road.
Ayes: Barber, King, Humphrey and Miller.
Nays: None.
Absent: Warren.
05-2&0
03/09/05
Mr. Warren returned to the meeting.
17.C. TO CONSIDER AMENDMENTS TO THE COUNTY'S MASSAGE THERAPY
ORDINANCE TO ALLOW MASSAGES TO BE PERFORMED FOR
COMPENSATION BY MASSAGE THERAPY STUDENTS
Mr. Micas stated this date and time has been advertised for
the Board to consider amendments to the county's massage
therapy ordinance to allow massages to be performed for
compensation by massage therapy students. He further stated
the Virginia School of Technology operates a massage therapy
post-secondary school at The Arboretum and has requested the
ordinance amendments. He stated the amendment would permit
massage therapy students to perform massages for compensation
only if the school complies with three conditions: 1)
massages by students are performed as part of a course of
massage therapy instruction at the school; 2) the post-
secondary school holds a valid massage clinic permit from the
county; and 3) a certified massage therapist is present at
all times while students are performing massages as part of
their curriculum. He noted the Health and Police Departments
have no objections to the amendments.
Mr. Barber called for public comment.
Ms. Danielle Rodier, Director of the Virginia School of
Technology, stated the school is very dedicated to its
massage therapy program. She further stated the students
currently perform massages on the public, but not for
compensation.
Mr. Miller inquired about the Police Department's view on the
proposed ordinance amendments..
Lieutenant Colonel Bourque stated the Police Department
continues to license and oversee the entire massage therapy
ordinance. He further stated the department worked with the
County Attorney's Office and Health Department in drafting
the proposed amendments, and has no issues with the
amendments.
There being no one else to speak to the ordinance amendments,
the public hearing was closed.
On motion of Mr. Warren, seconded by Mrs. Humphrey, 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 SECTIONS 15-91, 15-92 AND 15-93 RELATING TO
MASSAGE THERAPY PERFORMED BY MASSAGE THERAPY STUDENTS
OF A POST SECONDARY EDUCATIONAL INSTITUTION
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1)
That Sections 15-91, 15-92 and 15-93 of the Code of the
County of Chesterfield, 1997, as amended, are amended
and re-enacted to read as follows:
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03/09/05
ARTICLE V. MASSAGE CLINICS
Sec. 15-91. Definitions.
For this article, the following words and phrases shall
have the following meanings:
Barber shop: An establishment which provides one or more
of the following services in exchange for consideration: hair
care, makeovers, facials, manicures, pedicures, or body
waxing.
Beauty salon: An establishment which provides one or
more of the following services in exchange for consideration:
hair care, skin care, makeovers, facials, manicures,
pedicures or body waxing.
Care facility: A hospital, nursing home, convalescent
care facility, assisted living facility, life care facility,
or group care facility.
Certified massage therapist: Any person who administers
a massage to another person, in exchange for consideration,
and who has qualified as a certified massage therapist
pursuant to the requirements of Code of Virginia, §§ 54.1-
3000 and 54.1-3029, including but not limited to a massage
clinic operator.
Chief of police: The Chesterfield County Police Chief or
his designee.
Client: A person receiving a massage.
Consideration: Anything of value given in exchange for
services rendered, including, but not limited to, money,
goods, services or advertising.
Health club: An establishment which provides health and
fitness equipment and programs for its client's use in
exchange for any form of consideration. A health club may be
located in a hotel or motel but not in a guest room in a
hotel or motel.
Massage: The treatment of soft tissues for therapeutic
purposes by the application of massage and body work
techniques based on the manipulation or application of
pressure to the muscular structure or soft tissues of the
human body. Massage shall not include the diagnosis or
treatment of illness or disease or any service or procedure
for which a license to practice medicine, nursing,
chiropractic therapy, physical therapy, occupational therapy,
acupuncture or podiatry is required by law.
Massage clinic: A fixed place of business where a
certified massage therapist gives a client a massage. A
massage clinic shall either be freestanding or located within
a health club, tanning salon, hotel or motel (but not in a
guest room in a hotel or motel), beauty salon, barber shop or
within a public university, public college, or post-secondary
school that is certified or approved by the State Council of
Higher Education for Virginia.
Massage clinic operator: The person who files and signs
the application for a massage clinic permit and who is
05-242
03/09/05
responsible for the day-to-day operation of the clinic. The
massage clinic operator need not qualify as a certified
massage therapist if he or she does not intend to a¢~ninister
massage.
Public gathering: Any event occurring in the county that
is open to the general public and involves more than 50
persons.
Seated massage: A massage of the upper body or feet when
the massage client is fully clothed and seated in a chair.
Tanning salon: An establishment which has as its primary
business the provision of tanning services in exchange for
consideration.
Sec. 15-92. Permit required.
No person shall administer or perform or permit to be
administered or performed a massage in exchange for
consideration in or upon any premises within the county
unless:
(a)
The massage is performed for medical, relaxation,
remedial or hygienic purposes; and
(b)
The person performing the massage is a certified
massage therapist and holds a valid county permit.
(c)
If a massage is performed in a massage clinic, a
valid county massage clinic permit has been issued
for the premises.
Sec. 15-93. Exclusions.
Section 15-92 shall not apply to massages administered
for medical, relaxation, remedial or hygienic purposes by
(i) a physician, surgeon, chiropractor, osteopath or
physical therapist duly licensed by the Commonwealth of
Virginia;
(ii) a licensed nurse acting under the prescription or
direction of any such physician, surgeon, chiropractor,
osteopath, or physical therapist;
(iii) a certified massage therapist acting on the
premises of any such physician, surgeon, chiropractor,
osteopath or physical therapist and under his prescription or
direction. Section 15-92 shall not apply to barber shops or
beauty salons in which massage is given to the scalp, face,
neck or shoulders only; or
(iv) a student of massage therapy enrolled in a course
of instruction for massage therapy at a public university,
public college, or post-secondary school that is certified or
approved by the State Council of Higher Education for
Virginia, provided also that the massage is performed as part
of a course of instruction for massage therapy at a massage
clinic holding a valid county permit and that a certified
massage therapist with a permit from the County is present in
the room at all times with the massage therapy student.
05-243
03/09/05
In addition, Section 15-92 shall not apply to barber
shops or beauty salons in which massage is given to the
scalp, face, neck or shoulders only.
(2)
That this ordinance shall become effective immediately
upon adoption.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining requests
permits or zoning at this time.
for manufactured home
19. ADJOURNMENT
On motion of Mr. Warren, seconded by Mr. Miller, the Board
adjourned at 9:48 p.m. until March 23, 2005 at 3:30 p.m.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
La~e B. Ramsey
County Administr~(tor
Edward B. Barber
Chairman
05-244
03/09/05