10-26-2005 Minutes
BOARD OF SUPERVISORS
MINUTES
October 26, 2005
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Supervisors in Attendance:
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
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Staff in Attendance:
Colonel Carl R. Baker,
Police Department
Mr. Jim Banks, Asst.
Dir., Transportation
Ms. MarilYn Cole, Asst.
County Administrator
Capt. Ben Craft,
Sheriff's Office
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Ms. Rebecca Dickson, Dir.,
Budget and Management
Mr. James Dunn, Acting
Dir., Economic Development
Mr. Robert Eanes, Asst. to
the County Administrator
Ms. Lisa Elko, CMC,
Clerk
Mr. Jeff Franklin, Asst.
Dir., Utilities
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Thomas E. Jacobson,
Dir. of Revitalization
Mr. Donald Kappel, Dir.,
Public Affairs
Ms. Kathryn Kitchen, Asst.
Supt. of Schools for
Business and Finance
Chief Paul Mauger,
Fire and EMS Dept.
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Mr. Francis Pitaro, Dir.,
General Services
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Kirk Turner, Dir.,
Planning
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10/26/05
Mr. King called the regularly schedulE~d meeting to order at
4:03 p.m.
1. APPROVAL OF MINUTES FOR OCTOBE.!..,.!2, 2005
On motion of HI's. Humphrey, seconded by Mr. Miller, the Board
approved the minutes of October 12, 2005, as submitted.
Ayes: King, Humphrey, Miller and Warren.
Nays: None.
Absent: Barber.
2. COUNTY ADMINISTRATOR'S COMMENT~
o INTERNATIONAL BENJAMIN FRANKLIN :PIRE SERVICE AWARD OF
VALOR PRESENTATION
Deputy Chief Frank Edwards provided details of rescue and
life save €!fforts of t.he Fire and Emergency Services
Department as a result of Tropical Storm Gaston, including
the rescue of 20 people who were trapped on the second floor
of a flooded apartment building that was beginning to
crumble. He stated three members of the department have been
selected as recipients of the Int.ernational Benjamin Franklin
Fire Service Award for Valor. He presented a video of the
rescue scene. He then introduced ]\'1r. Steve Echols, Area
Manager for the Mid-Atlantic Region for Motorola and Mr.
Steve Garner, Motorola's Senior Account Manager for
Chesterfield County.
Mr. Echols stated the Benjamin Franklin Fire Service Award
for Valor recognizes firefighters for their unmatched loyalty
to the profession and their commitment to the communities and
ci tizens they serve. He introduced Lieutenant Steven V.
Traylor, Firefighter William J. Jeffords, Jr. and Firefighter
Michael C. Harrell, and stated these men were unanimously
selected from a large number of nominees as recipients of
this prestig'ious award for thE:~r heroic actions during
Tropical Storm Gaston.
Chief Mauger placed the medals on Lieutenant Traylor,
Firefighter Jeffords and Firefighte,r Harrell.
A standing oV'ation followed.
Mr. Echols then recognized t.he
presenting Chief Mauger with
Departmental Leadership Award.
entire department by
the Benjamin Franklin
Mr. King thanked Motorola for recognizing the firefighers'
selfless act:s and heroic efforts .-~
3. BOARD COMMITTEE REPORTS
Mrs . HumphrE~y acknowledged
distinguisheèi individuals
significant contribution to
Past President and Chairman
the recent
Ms. Rosa
the nation;
of the NAACP
passing of three
Parks, who made a
Mr. Paige Johnson,
and an educator at
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10/26/05
Virginia State University; and Dr. C. C. Lewis, who was
active in government in the Tri-Cities area.
4 . REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN
THE ORDER OF PRESENTATION
On motion of Mr. Warren, seconded by Mr. Miller J the Board
added Item 6., Work Session Relating to Community Development
Authorities and Proposed County Criteria for Considering
Community Development Authority Applications; added Item
8.C.10., Amendment to Parcel Listing for the Board of
Supervisors Initiated Rezoning of the 288 Corridor to Delete
Properties Included in the Agenda Item of May 25, 2005 and
the Subsequent Item of August 24, 2005; and adopted the
Agenda, as amended.
Ayes: King, Humphrey, Miller and Warren.
Nays: None.
Absent: Barber.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
o RECOGNIZING REVEREND DONNA MOTT FOR HER SERVICE TO THE
CHESTERFIELD DISABILITY SERVICES BOARD AND THE COUNTY
Mr. Hammer introduced Reverend Donna Mott, who was present to
receive the resolution.
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On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Disability Services
Board was formed as a result of the Disability Services Act
of 1992; and
WHEREAS, Reverend Donna Mott served on the Disability
Services Board from December 20, 2000 to June 1, 2005; and
WHEREAS, Reverend Mott served as Chairperson for the
Chesterfield Disability Services Board; and
WHEREAS, Reverend Mott has served on the Virginia
United Methodist Church Commission on Disabilities¡
Transportation Initiatives for Greater Richmond; as a
supervisor over facilities for the mentally retarded; and as
a registered nurse with Medical Assistant Services for the
Commonwealth of Virginia¡ and
WHEREAS, Reverend
Methodist Churches for
inform citizens of
disabilities.
Mott, as Pastor
many years, lent
issues associated
with the United
her expertise to
to those with
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board o~ Supervisors, this 26th day of October 2005,
publicly recognizes Reverend Donna Mott for her contributions
to the Disabili '¿'y Services Board and expresses appreciation
for her service to all citizens with physical and sensory
disabilities.
AND,
resolution
BE
be
IT FURTHER
presented
RESOLVED, that a
to Reverend Mott
copy of
and that
this
this
05-843
10/26/05
resolution bE~ permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: King, Humphrey, Miller and Warren.
Nays : NonE~ .
Absent: Barber.
Mrs. HumphrE:!Y presented the execution resolution to Reverend
Mott, accompanied by Ms. Ngozi Ukeje, and expressed
appreciation for her dedicated service to the disabled
residents of Chesterfield County.
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Reverend Mott thanked members of the Board for their support
and also for the opportunity to serve the county.
6. WORK SESSION
o COMMUNITY :DEVELOPMENT AUTHORITIES AND PROPOSED COUNTY
CRITERIA FOR CONSIDERING COMMUNITY DEVELOPMENT AUTHORITY
APPLICATION'S
Ms. Dickson ::;tated Community Development Authorities (CDAs)
are tools that enable partnering with the private sector to
finance infrastructure improvements and offer an opportunity
to encourage and to promote certain types of development or
redevelopment. She further stated CDA financing allows
infrastructur,e to be built quicker upfront, rather than in
stages as development occurs. Shl? provided details of the
procedure to create a CDA. She stated a CDA is empowered to
issue tax-exempt bonds for vario'us kinds of infrast.ructure
improvements:. She further stated a CDA offers opportunities
to generate revenue to pay for bonds through a special
assessment, or a special tax, noting that these financing
options can be combined with tax increment revenues. She
provided details of CDA special assessments, indicating that
this option is more secure than special taxes because the
amount to be generated is establi shE~d up front. She then
provided details of CDA special taxes.
Mr. Miller e}~ressed concerns relative to the assessment of
properties within a special assessment district at a rate
exceeding the fair market value.
Mr. Ramsey stated the improvement being paid for by the CDA
will add value to properties, and he does not: believe
assessments would exceed the valuE:! of properties, but that
would have to be looked at as peti tions come forward for
consideration.
Ms. Dickson provided details of the CDI\ tax increment option,
noting that sources of incremental tax revenues could be
sales tax, rE~al estate tax, business tax, personal property
tax, etcetera. She stated an advantage of combining special
assessments and special taxes with tax increments is to '-
provide develope:t:'s with an incentive to move the project
along more quickly. She discussed the impact of CDAs on the
county's creditworthiness, indicating that the rating
agencies ha',€! stated that CDA debt is not an obligation of
the locality; however, a CDA would be considered overlapping
debt of the county. She stated the county's proposed overall
criteria for creation of a CDA includes large economic
development proj ects; redevelopment of areas identified by
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10/26/05
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the county as critical; broad based, public purpose
infrastructure improvements; and that the total CDA debt
service would not exceed 3.5 percent of all county debt
service. She further stated the county's proposed financial
criteria includes a 20-year special assessment combined with
tax increment financing for large economic development
projects, and a 3D-year special assessment combined with tax
increment financing for redevelopment of targeted areas. She
stated the Board is being requested to set a public hearing
for November 22, 2005 to consider an ordinance indicating
that the county will consider petitions for the creation of
CDAs.
Discussion, questions and comments ensued relative to the
size and scope of the economic development projects that
would be considered for a CDA and also whether redevelopment
of blighted areas would be considered.
Mr. Ramsey stated although CDAs may be good tools for
redevelopment, staff is concerned about creating CDAs for
small redevelopment projects. He further stated, because of
the burdensome process of setting up a CDAJ experts on the
subject have indicated that the county should consider $5
million minimum projects before administering a CDA. He
noted CDAs are not the most secure form of financing, and
staff feels they would be appropriate for large projects with
a high Board priority, indicating that use of CDAs for
smaller projects could affect the county's creditworthiness.
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Mr. King stated he would not want to do anything to
jeopardize the county's bond rating.
In response to Mr. Miller's question, Ms. Dickson stated the
Board of Supervisors would appoint the members of CDA boards.
Discussion ensued relative to the process for creating a
specific CDA and determining the financing mechanism for the
CDA.
Mr. Miller expressed concerns relative to protection of
residential property owners from being forced to participate
in a CDA.
In response to Mr. Miller's concerns, Ms. Dickson stated
staff would request input from the county's financial advisor
and the bond rating agencies regarding all CDA petitions
received by the county.
Mr. Ramsey noted the county would be very selective in
administering CDAs. He reiterated that a CDA could give the
Board the ability to partner with developers to build
infrastructure before a project is actually begun.
On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board
set the date of November 22, 2005 at 7:00 p.m. for a public
hearing for the Board to consider an ordinance indicating the
county's willingness to consider petitions to create
Community Development Authorities.
Ayes: King, Humphrey, Miller and Warren.
Nays: None.
Absent: Barber.
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10/26/05
Mr. King sta.ted Mr. Barber
because he is attending
Commission on Transportation
recently appointed to serve
the evening session.
is not present this afternoon
a meeting of the Governor's
in Urbanized Areas, which he was
on, but will arrive in time for
7. DEFERRED ITEMS
There were no deferred items at this time.
S . NEW BUSINESS
S.A. FY2005 RESULTS OF OPERATIONS AND SET DATE FOR PUBLIC
HEARING TO APPROPRIATE FUNDS
Mr. Allan Cëlrmody, Budget Manager presented a summary of
FY2005 Results of Operations. He stated FY2005 ended with a
$15.4 million surplus. He further stated the largest portion
of the surplus ~rJas from property taxes amounting to $11.1
million in excess of the budget, indicating that nearly 68
percent of this is shared with schools. He stated other
major revenUE:!S that exceeded the budget include the local
sales and use tax and recordation tax. He reviewed staff's
recommendations for both county and schools J use of the
surplus funds in FY2006 and FY2007.
In response -to Mr. King's question, Mr. Carmody stated the
Board's plan to reduce the real estate tax by one cent in
January 2006 is still in place.
In response t;o Mr. Miller's question, Hr. Carmody stated the
surplus in recent years has averaged $7 million.
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Mr. Miller stated the FY2005 surplus has more than doubled
the average because of increased assessments. He expressed
concerns that 68 percent of the real estate revenue is being
provided to schools, indicating t.hat they may not even need
the additional revenue in their budget. He suggested that
the Board at some point review the formula for distribution
of the realestat.e revenue.
Mr. Carmody stated a one-cent real estate tax reduction
equates to approximately $2 million to $2.4 million in annual
revenue.
Mr. Miller stated if the real estate tax rate were to be cut
by two cents, the county would still have a substantial
surplus.
Mrs. Humphrey inquired about the schools' abi li ty to deal
with increased gas costs.
Ms. Kitchen stated the School Board will review its first -'
quarter budgetary figures at its November 8th meeting, and
staff will be rE:!comrnending increased fuel costs for school
buses and maintenance vehicles by approximately $900,000 and
increased nat:ural gas costs by approximately $700,000. She
further st:atE~d this can be accomplished wi thin the current
operating budget.
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10/26/05
Mr. Warren stated he believes the funding distribution
formula for real estate taxes should be maintained. He
inquired about the percentage of the total surplus that is
from reoccurring revenue.
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Mr. Ramsey noted that the state has mandated that localities
take over Comprehensive Services programs and then capped the
amount of revenue they would send to local governments,
indicating that he anticipates this will be a reoccurring
expendi ture. He stated public safety pay adjustments, the
Access Chesterfield Transportation Program, and funding for
School Health Nurses will be ongoing expenditures. He noted
schools are proposing to use the surplus revenue to
supplement Capital Projects, which would be fixed
expenditures.
Mr. Miller inquired about the possibility of adding more of
the surplus to the fund balance.
Mr. Carmody stated if the Board were to place more of the
surplus in the fund balance reserve, staff would have to
propose other alternatives to meet the needs, which are
proposed to be funded by the surplus.
Mr. Warren inquired whether staff considered returning any of
the surplus to taxpayers as opposed to using it for
expenditures.
,.........
Mr. Miller inquired whether the Board has the ability to
increase the real estate tax reduction from one cent to two
cents in January.
Mr. Ramsey stated the Board has the option of setting the
real estate tax rate at whatever it decides, indicating that
the budget has been built around $1.06 effective January 1,
2006 and $1.05 effective January 1, 2007.
Mr. King stated the tax rate issue will be further discussed
at the public hearing.
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
designated $2,400,577 in tax revenue and $573,483 in unspent
appropriations and other revenue for use in FY2007 for county
capital items, pending further discussion on November 9,
2005.
And, further, the Board set the date of November 9, 2005 at
7:00 p.m. for a public hearing for the Board to consider the
appropriation of $1,782,200 in FY2006 for items identified in
the papers of this Board; appropriation of $793,855 in the
current year for Comprehensive Services costs, the Schools
portion of the property tax and assessor system enhancements,
and School health nurse costs; and the appropriation in the
current year of $6,327,343 to the School's Capital Reserve to
be used for costs associated with approved bond referendum
projects.
Ayes: King, Humphrey, Miller and Warren.
Nays: None.
Absent: Barber.
05-847
10/26/05
8 . B . APPOIlilTMENTS
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
suspended its rules at this time t.o allow for simultaneous
nomination/appointment of a member to serve on the Disability
Services Board.
Ayes: Kinçr, Humphrey, Miller and Warren.
Nays: NOnE! .
Absent: Barber.
o DISABILITY SERVICES BOARD
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
simultaneously nominated/appointed Ms. Linda L. VanAken,
representing the Bermuda District, to serve on the Disability
Services Board, whose term is effective immediately and
expires December 31, 2005. (It is noted Ms. VanAken will
fill the unexpired term of Mr. Charles Clubb.)
Ayes: King, Humphrey, Miller and T,1arren.
Nays: None.
Absent: Barber.
B.C. CONSENT ITEMS
On motion of Hrs. Humphrey, seconded by Mr. Miller, the Board
removed the fOllowing items from the Consent Agenda for
public comment: Item 8.C.5., Adoption of the 2006
Legislative Program; Item 8.C.9.b. Transfer of District
Improvement Funds from the Midlothian District Improvement
Fund to the Police Department to Defray the Costs of Traffic
Control for t:he Midlothian Village Day Festival; and Item
8. C .10. , Amendment to Parcel rJist:ing for the Board of
Supervisors Initiated Rezoning of the 288 Corridor to Delete
Properties Included in the Agenda Item of May 25, 2005 and
the Subsequent. Item of August of August 24, 2005.
Ayes: King" Humphrey, Miller and lr'iarren.
Nays: None"
Absent: Barber.
8.C.1. CONVEYANCE OF EASEMENTS
8.C.1.a. TO COLUMBIA GAS OF VIRGINIA, INCORPORATED FOR THE
NEW COSBY ROAD HIGH SCHOOL
On motion of M:rs. Humphrey, seconded by Mr. Warren, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Columbia Gas of Virginia, Incorporated for the new Cosby Road
High School. (It is noted copies of the plats are filed with __
the papers of this Board.)
Ayes: Kin9, Humphrey, Miller and Warren.
Nays: None.
Absent: Barbe!r.
05-8,48
10/26/05
8.C.l.b. TO VIRGINIA ELECTRIC AND POWER COMPANY FOR
UNDERGROUND CABLE ACROSS COUNTY PROPERTY FOR THE
WIDENING OF BAILEY BRIDGE ROAD
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On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Virginia Electric and Power Company for underground cable
across county property for the widening of Bailey Bridge
Road. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: King, Humphrey, Miller and Warren.
Nays: None.
Absent: Barber.
8.C.2. ACCEPTANCE AND APPROPRIATION OF A GRANT AWARDED BY
THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF
COMMUNITY ORIENTED POLICING SERVICES FOR THE 2005
SECURE OUR SCHOOLS GRANT
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
authorized the Police Department to accept and appropriate an
award, in the amount of $188,150, from the United States
Department of Justice, Office of Community Oriented policing
Services for the 2005 Secure Our Schools Grant, and
authorized the County Administrator to execute all documents.
(It is noted the required 50 percent match of $94,075 is
included in the Chesterfield County Schools budget and will
be paid for by the Schools.)
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Ayes: King, Humphrey, Miller and Warren.
Nays: None.
Absent: Barber.
8.C.3. AWARD OF CONTRACT FOR COMPREHENSIVE MEDICAL PHYSICALS
FOR FIRE AND POLICE TO COMMONWEALTH OCCUPATIONAL
SAFETY AND HEALTH ASSOCIATES (COSHA)
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
authorized the County Administrator to execute a requirements
contract for comprehensive medical physicals for Fire and
Police personnel to Commonwealth Occupational Safety and
Health Associates (COSHA).
Ayes: King, Humphrey, Miller and Warren.
Nays: None.
Absent: Barber.
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8.C.4. SET PUBLIC HEARING DATE TO CONSIDER AN AMENDMENT OF
THE LEASE OF REAL PROPERTY AT ETTRICK PARK FOR
OPERATION OF FOOD CONCESSIONS BY THE ETTRICK YOUTH
SPORTS ASSOCIATION
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
set the date of November 9, 2005 at 7:00 p.m. for a public
hearing to consider an amendment to the lease of real
property for operation of food concessions at Ettrick Park to
include the lease of a new storage building.
Ayes: King, Humphrey, Miller and Warren.
Nays: None.
Absent: Barber.
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10/26/05
8 . C . 6 . REQtJ~~ TO QUITCLAIM
8.C.6.a. ,A PORTION OF A SIXTEEN-FOOT WATER EASEMENT ACROSS
TilE PROPERTY OF GREENLEAF P1!.0PERTIES, INCORPORATED
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 16-·foot water easement across the property of
Greenleaf Properties, IncorporatE~d. (It is noted a copy of
the plat is filed with the papers of this Board.)
--..
Ayes: Kinçr, Humphrey, Miller and Warren.
Nays: None.
Absent: Barber.
8.C.6.b. A PORTION OF A FIFTY-FOOT INGRESS/EGRESS EASEMENT
ACROSS THE PROPERTY OF SOUTHBEND LANDING, LLC
On motion of lviI's. Humphrey, seconded by Mr. Warren, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 50-foot ingress/egress easement across the
property of Southbend Landing, LLC. (It is noted copies of
the plats are filed with the papers of this Board.)
Ayes: King, Humphrey, Miller and r'Jarrpn.
Nays: None.
Absent: Barber.
8.C.7. REQUEST FOR PERMISSION FROM DAVID J. AND CAROLINE D.
LAJOIE FOR A PROPOSED FENCE TO ENCROACH WITHIN AN
EIGHT-FOOT EASEMENT, A SIXTEEN-FOOT DRAINAGE
EASEMENT, A TWENTY-FOOT DRAINAGE EASEMENT, A TWENTY-
FOOT SEWER EASEMENT AND A TEN-FOOT TEMPORARY
CONSTRUCTION EASEMENT ACROSS LOT 26, HARTLEY VILLAGE
AT CHARTER COLONY
On motion of r1rs. Humphrey, seconded by Mr. Warren, the Board
approved a request from David J. Lajoie and Caroline D.
Lajoie for permission for a proposed fence to encroach within
an eight-foot easement, a 16-foot drainage easement, a 20-
foot drainage easement, a 20-foot sewer easement, and a 10-
foot temporary construction easement across Lot 26, Hartley
Village at Charter Colony, subj ect to the execution of a
license agreement. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: King, Humphrey, Miller and Warren.
Nays: None.
Absent: Barber.
,~".,
8.C.8. ACCEPTANCE OF A PARCEL OF LAND FOR PROPOSED CHARTER
PARK DRIVE FROM BB HUNT LLC
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
accepted the conveyance of a parcel of land containing 4.287
acres for proposed Charter Park Drive from BB Hunt, LLC, and
authorized thE! County Administrator to execute the deed. (It
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10/26/05
is noted copies of the plats are filed with the papers of
thi s Board.)
Ayes: King, Humphrey, Miller and Warren.
Nays: None.
Absent: Barber.
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8.C.9. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.C.9.a. FROM THE BERMUDA, DALE AND MATOACA DISTRICT
IMPROVEMENT FUNDS TO THE PARKS AND RECREATION
DEPARTMENT TO PURCHASE CONCRETE BLOCK TO CONSTRUCT
AN EQUIPMENT STORAGE AND PRESS BOX BUILDING AT
CARVER MIDDLE SCHOOL
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
transferred $3,000 from the Bermuda District Improvement Fund
and $1,500 each from the Dale and Matoaca District
Improvement Funds (total of $6,000) to the Parks and
Recreation Department to purchase concrete block for the
construction of an equipment storage and press box building
at Carver Middle School.
Ayes: King, Humphrey, Miller and Warren.
Nays: None.
Absent: Barber.
"'~
8.C.9.e. FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE
CHESTERFIELD COUNTY SCHOOL BOARD TO PURCHASE
FOOTBALL JERSEYS, HELMETS AND SHOULDER PADS FOR
THE MEADOWBROOK HIGH SCHOOL FOOTBALL PROGRAM
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
transferred $5,000 from the Dale District Improvement Fund to
the Chesterfield County School Board to purchase football
jerseys, helmets and shoulder pads for the Meadowbrook High
School football program.
Ayes: King, Humphrey, Miller and Warren.
Nays: None.
Absent: Barber.
8.C.9.d. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE
FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT TO
FUND THE DEPARTMENT'S PARTICIPATION IN THE
FIREFIGHTER COMBAT CHALLENGE NATIONAL COMPETITION
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
transferred $3,304 from the Matoaca District Improvement Fund
to the Fire and Emergency Medical Services Department to fund
the department/s participation in the Firefighter Combat
Challenge National Competition in Deerfield Beach, Florida.
Ayes: King, Humphrey I Miller and Warren.
Nays: None.
Absent: Barber.
05-851.
10/26/05
The following' items were removed from the Consent Agenda for
public commEmt:
8.C.5. ADOPTION OF THE 2006 LEGISLATIVE PROGRAM
Mr. GeorgE! B,eadles stated he hopes the county will promote
impact fee!s at. the General Assembly. He further stated he
supports promoting county interests related to transportation
proposals, indicating that the county needs the powhite
Parkway extEmsion. He referenced the legislative request to
amend the Sta.te Code regarding the land use taxation program
and stated h€~ would like to see immediate family members be
required to hold title to property that has been spli t for
ten years prior to being exempt from roll-back taxes. He
further state!d he hopes the Transportation Service District
amendments will result in the extension of Powhite Parkway to
Skinquarter and then down through Matoaca for future
development.
No one else came forward to speak to t.he issue.
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
adopted the 2006 Legislative Progran, as amended from the
October 12, 2005 work session.
Ayes: King', Humphrey, Miller and Warren.
Nays: None! .
Absent: Barber.
8.C.9.b. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO
THE POLICE DEPARTMENT TO DEFRAY THE COSTS OF
TRAFFIC CONTROL FOR THE MIDLOTHIAN VILLAGE DAY
FESTIVAL
Mr. George BI~adles stated requests such as this should be
funded by all five magisterial districts because the
Midlothian Village Day Festival benefits the entire county.
No one elsE:! came forward to speak to the issue.
Mrs. Humphre!y made a motion, seconded by Mr. Warren, for the
Board to transfer $1,100 from the Midlothian District
Improvemen1: Fund to the Police Department to defray the costs
of traffic control for the Midlothian Village Day Festival.
Mr. Warren noted that Board members typically share in the
cost of requests such as this when asked to do so.
Mr. King called for a vote on the motion of Mrs. Humphrey,
seconded by Mr. Warren, for the Board to transfer $1,100 from
the MidlothÜm District Improvement Fund to the Police
Department 1:0 defray the costs of traffic control for the
Midlothian Village Day Festival.
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Ayes: King, Humphrey, Miller and Warren.
Nays: None.
Absent: Barber.
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10/26/05
8.C.10. AMENDMENT TO PARCEL LISTING FOR THE BOARD OF
SUPERVISORS INITIATED REZONING OF THE 288 CORRIDOR
TO DELETE PROPERTIES INCLUDED IN THE AGENDA ITEM OF
MAY 25, 2005 AND THE SUBSEQUENT ITEM ON AUGUST 24,
2005
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Mr. George Beadles expressed concerns relative to
necessi ty for amending the parcel listing three times
stated he thinks the property owners should be initiating
rezoning of their property rather than the Board.
the
and
the
No one else came forward to speak to the issue.
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
amended the parcel listing for the Board of Supervisors
initiated rezoning of the 288 Corridor by deleting the
following properties: Tax ID numbers 712-7069-361 and 713-
7060-128.
Ayes: King, Humphrey, Miller and Warren.
Nays: None.
Absent: Barber.
9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
-
10. REPORTS
10.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
10.B. REPORT ON THE STATUS OF GENERAL FUND BALANCE, RESERVE
FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT
FUNDS AND LEASE PURCHASES
10.C. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY
SYSTEM
On motion of Hr. Warren, seconded by Mrs. Humphrey, the
Board accepted 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 I the following roads were accepted into the
State Secondary System:
ADDITION
LENGTH
Burray At The Highlands
(Effective 9/15/2005)
Burray Court (Route 5884) - From Burray
Road (Route 5184) to Cul-de-sac
0.10 Mi.
Burray Road (Route 5184) - From Burray
Court (Route 5884) to Cul-de-sac
o . 2 3 Mi.
Burray Road (Route 5184) - From 0.06 mile
north of Highland Glen Drive (Route 5160)
to Burray Court (Route 5884)
0.27 Mi.
05-853
10/26/05
Duxton
(Effective 9/15/2005)
Duxton Court (Route 5697) - From Duxton Drive
(Route 5698) to Cul-de-sac
o . 03 Mi.
Duxton DrivE! (Route 5698) - From Longmeadow
Circle (Route 5131) to Duxton Court (Route
5697)
o . 10 Mi.
Duxton DrivE! (Route 5698) - From Duxton Court
(Route 5697) to Cul-de-sac
o . 09 Mi.
Lyndenwood at the Highlands
Macandrew Court (Route 5906) - From tv1acandrew
Lane (Route 5685) to Cul-de-sac
0.17 Mi.
Macandrew Lane (Route 5685) - From 0.06 mile
west of Ma(:andrew' Place (Route 5905) to
Macandrew Ccmrt (Route 5906)
o . 1 7 Mi.
Macandrew l..éme (Route 5685) - From Macandrew
Court (RoutE! 5906) to 0.05 mile north",rest of
Macandrew Court (Route 5906)
o . 05 Mi.
Macandrew Place (Route 5905) - From Hacandrew
Lane (Route 5685) to Cul-de-sac
o . 18 Mi.
Oaklake Business Park
(Effective 9/15/2005)
Oak lake Boulevard (Route 5903) - From Genito
Road (Route 604) to 0.34 mile north of Genito
Road (Rout4::! 604)
o . 34 Mi.
Oaklake Boulevard (Route 5903) - From 0.34
mile north of Genito Road (Route 604) to
Oaklake Court (Route 5904)
o . 15 Mi.
Oaklake Court (Route 5904) - From Oaklake
Boulevard (Route 5903) to Cul-de-:sac
o . 15 Mi.
Rivers Bend, Section 25
(Effective 9/23/2005)
Hogans PlaCE! (Route 5900) - From Hogans Alley
(Route 4835) to Cul-de-sac
o . 10 Mi.
Ayes: Kingr, Humphrey, Miller and 'VV3rren.
Nays: NOnE! .
Absent: Barber.
11. DINNER
-
On motion of Mr. Miller, seconded by Mrs. Humphrey" the Board
recessed to the! Administration Building Room 502, for
dinner.
Ayes: King, Humphrey, Miller and Warren.
Nays: None.
Absent: Barber..
05-854
10/26/05
Reconvening:
Mr. Barber arrived at the meeting.
12. INVOCATION
Reverend Rodney Brown, Associate Pastor, New Direction
Ministries gave the invocation.
-
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES
OF AMERICA
Robert Clay, Major, United States Army Reserves (Retired) led
the Pledge of Allegiance to the flag of the United States of
America.
14. RESOLUTIONS AND SPECIAL RECOGNITIONS
o RECOGNIZING THE DALE RURITAN CLUB UPON THE OCCASION OF ITS
FIFTIETH ANNIVERSARY
Mr. Kappel introduced members of the Dale Ruritan Club, who
were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS I Ruri tan is a national service organization;
and
~..-.-
WHEREAS, the Dale Ruritan Club was chartered on October
27, 1955; and
WHEREAS, through the 50 years since its founding, the
Dale Ruritan Club has provided outstanding service to
Chesterfield County; and
WHEREAS, the Dale Ruri tans helped to bring Chippenham
Hospital to the region and has supported the annual Veteran's
Day observance; and
WHEREAS, the club continues to provide such community
service as scholarships, support for volunteer rescue squads,
Chesterfield Fire and Emergency Medical Services and Police
Departments, and other worthwhile programs; and
WHEREAS, the Dale Ruritans support the community by
building handicap ramps and providing home improvements; and
WHEREAS,
breakfasts to
citizens.
the Dale Ruritans organize dinners and
raise money for needy Chesterfield County
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 26th day of October 2005,
publicly recognizes the Dale Ruritan Club, expresses
appreciation to the members and commends them on their
dedicated service to the community in which they live, and
congratulates the members on their 50th anniversary of service
to others.
Ayes:
Nays:
Barber, King, Humphrey, Miller and Warren.
None.
05-855
10/26/05
Mr. Miller presented the executed resolution to Mrs. Ann
Sprouse, accompanied by Mr. Wayne Sprouse, Mr. Wal t Hayden,
Mr. Carl 'rhorn ton, Mr. Steve Meadows and Mr. Buddy Sprouse,
and expressed appreciation for the steadfast, committed
service of the mE~mbers of the Dale Purl. tan Club.
Mrs. Sprouse expressed apprecia tion to the
recognition and stated the club is looking
next 50 years of bettering the community.
Board for
forward to
the
the
15. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED~ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSI~ON - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTION 17
05SN0206
In Bermuda Hagisterial District, DR. TAYLOR LYNE AND DR.
GEORGEANNA :M. LYNE request rezoning and amendment of zoning
district map from Agricultural (A) and Corporate Office (0-2)
to Community Business (C-3) wi th Condi tional Use to allow
outside runs. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
community mixed use. This request lies on 7.3 acres fronting
approximately 550 feet on the north line of Iron Bridge Road,
also fron1:inq approximately 500 feet on the west line of
Chalkley Road and located in the northwest quadrant of the
intersection of these roads. Tax IDs 778-653-8082 and 779-
653-1379 (Sheet 26).
Mr. Turner statE:!d the applicant has requested a deferral
until November 2¿:, 2005.
Dr. Taylor I:"yne requested a deferral until November 22, 2005.
Mr. Barber called for public comment.
No one came forward to speak to the deferral.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
deferred Case 05SN0206 until November :22, 2005.
Ayes:
Nays:
Barber, King, Humphrey, Miller and Warren.
NOnE:!.
05SN0315
In Clover Hill Magisterial District, VJATERCROSS DEVELOPMENT, -
INC. requests amendment to Conditional Use Planned
Development (Case 868117) and amendment of zoning district
map to permit a veterinarian hospital. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for regional mixed use. This request
lies in a Neighborhood Business (C-2) District on 7.8 acres
fronting approximately 280 feet on the west line of Charter
05-·856
10/26/05
Colony Parkway at Old Hundred Road.
(Sheet 9) .
Tax ID 727-691-6781
Mr. Turner presented a summary of Case 05SN0315 and stated
the Planning Commission and staff recommended approval
subject to one condition.
-
Ms. Kristen Keatley, 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. Warren, seconded by Mr. Miller, the Board
approved Case 05SN0315 subject to the following condition:
In addition to those uses permitted by Case 86S117 within the
Medium Density Office/Commercial Retail (MDO/CR) Tract,
veterinary hospitals exclusive of outside runs shall be
permitted.
(NOTE: This condition is in addition to the Textual
Statement, Item VI.E.4, of Case 86S117 relative to permitted
uses in the MDO/CR Tract for the subject property.)
Ayes:
Nays:
Barber, King, Humphrey, Miller and Warren.
None.
05SN0320
In Midlothian Magisterial District, GRAY LAND AND DEVELOPMENT
CO., LLC requests rezoning and amendment of zoning district
map from Agricultural (A) to Residential (R-25) with
Conditional Use Planned Development to permit exceptions to
Ordinance requirements. Residential use of up to 1.74 units
per acre is permitted in a Residential (R-25) District. The
Comprehensive Plan suggests the property is appropriate for
residential use of one (1) dwelling or less per acre. This
request lies on 108 acres lying approximately 720 feet west
of the terminus of Latham Boulevard and North Otterdale Road,
also fronting approximately 3,780 feet on the east line of
Route 288. Tax ID 715-715-Part of 9587 (Sheet 1).
Mr. Turner presented a summary of Case 05SN0320 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions. He further stated
the applicant has submitted an amendment to Proffered
Condition 10 to increase the cash proffer to the maximum
amount adopted by the Board on October 12, 2005.
On motion of Mr. Barber, seconded by Mr. Miller, the Board
suspended its rules at this time to allow for consideration
of the amended Proffered Condition.
Ayes:
Nays:
Barber, King, Humphrey, Miller and Warren.
None.
Ms. Ashley Harwell, representing the applicant, stated the
recommendation is acceptable.
Mr. Barber called for public comment.
05-857
10/26/05
No one came forward to speak to the n?quest"
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
approved CaSE~ 05SN0320 and accepted the following proffered
conditions:
The Owners and the Developer (the "Developer") in this zoning
case, pursuant to §15.2-2298 of the Code of Virginia (1950 as
amended) and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the
development of the Property known as Chesterfield County Tax
Identification Number 715-715-9587 (part) (the "Property")
under consideration will be developed according to the
following conditions if, and only if, the rezoning request
for R-25 élnd CUPD is granted. In the event the request is
denied or approved with conditions not agreed to by the
Developer, the proffers and conè:itions shall immediately be
null and void and of no further force or effect. If the
zoning is granted, these proffers and conditions will
supersede a11 proffers and condi tions now existing on the
Property.
1. Master Plan. The Textual Statement last revised August
24, 2005, and the plan titled "Zoning Map, Rose Tract -
East, prepared by Higgins & Gerstenmaier, dated
September 16, 2005, shall be considered the master plan
for the Property. The purpose of the Zoning Map is to
generally designate those areas reserved for single
family development as well as those areas to be recorded
as Opl:I'1l space. (P)
2. Densi ':::1:- The total number of ò:\.¡elling uni ts shall not
exceed forty (40). (P)
3. House Sizes. Each dwelling· un1. t shall have a minimum
gross floor area of two thousand five hundred (2,500)
squarE: f·eet. (P)
4. Development Standards. All exposed portions of the
foundation of each dwelling shall be covered with brick,
stone, or eifs materials. (P)
5. Timberin9. Except for t:imbering approved by the
Virginia State Department of Forestry for the purpose of
removing de.~d or diseased trees, there shall be no
timberin9 on the Property until a land disturbance
permi 1: has been obtained from the Environmental
EnginE:!€,ring Department and t,he approved devices
installed. (EE)
6.
Uti Ii ties. Public
utili:2:ed, except that
be used for irrigation
park areas. (U)
water and wastewater shall be
wells and/or bodies of water may
purposes only for open space and
-'
7.
Dedication of Right-of-Way.
recordation of the initial
following right-of-way shall
unrestrict.ed, to and for the
County.
In conjunction with the
subdivision plat, the
be dedicated, free and
benefi t~ of Chesterfield
05-858
10/26/05
A. A seventy (70) foot wide right-of-way for a
north/south collector ("North Otterdale Road
Extended") from North Otterdale Road at the
northern Property line to North Ot terdale Road at
the southern Property line. The exact location of
the right-of-way shall be approved by the
Transportation Department. (T)
,-
8.
Road Improvements. In conjunction with initial
development on the Property, the Developer shall
construct two (2) lanes of North Otterdale Road Extended
to VDOT Urban Collector Standards (40 mph) with
modifications approved by the Transportation Department,
and construct a right turn lane along North Otterdale
Road Extended at the public road intersection. The
Developer shall also dedicate to and for the benefit of
Chesterfield County, free and unrestricted, of any
additional right-of-way (or easements) required for
these improvements. (T)
9. Access. Direct access from the Property to North
Otterdale Road Extended shall be limited to one (1)
public road and two (2) private driveways. The exact
location of the public road shall be approved by the
Transportation Department. (T)
10. Cash Proffers.
A.
For each dwelling unit developed, the applicant,
subdivider, or assignee(s) shall pay $15,600.00 per
uni t to the County of Chesterfield, prior to the
issuance of building permit, for infrastructure
improvements within the service district for the
Property if paid prior to July 1, 2006.
-
B. Thereafter, such payment shall be the amount
approved by the Board of Supervisors not to exceed
$15,600.00 per unit as adjusted upward by any
increase in the Marshall and Swift Building Cost
Index between July 1, 2005 and July 1 of the fiscal
year in which the payment is made if paid after
June 30, 2006.
C.
Cash proffer payments
purposes proffered or
law.
shall be spent for the
as otherwise permitted by
D.
Should Chesterfield County impose impact fees or
other substitute for proffers for schools, parks,
roads, libraries, and/or fire stations at any time
during the life of the development, the amount paid
in cash proffers shall be in lieu of or credited
toward any such substitute fees at the
determination of the County. (B&M)
~-
11. Restrictive Covenants. Prior to or concurrent with the
recordation of any subdivision plat for the Property,
the following restrictive covenants shall be recorded
for the Property:
A. All driveways on each individual subdivision lot
shall be paved. The exact pavement type, which may
include asphalt, concrete, aggregate materials,
and/or brick, concrete, or stone pavers.
05-859
10/26/05
B. .P.ll dwellings that provide a garage shall employ
side or rear entry garage designs except that front
entry grarage designs may be permitted provided that
garage doors are at least twenty (20) feet behind
the front facade of the house and that the garage
dc>ors are screened from the street through the
pc>si tioning of the driveway I landscaping, and/or
natural vegetation.
C. With respect to lots adjacent to Section E of
Rosemont, except for areas where an Open Space
designation has been provided as shown on the
Zoning Map, Rose Tract -- East, prepared by Higgins
& Gerstenmaier, dated September 16, 2005, a twenty-
five (25) foot wide tree preservation area shall be
maintained adjacent to Section E of Rosemont. All
tress greater than six-inches in caliper (as
measured 12-inches above ground surface) within the
Tr€!e Preservation Area are to be retained. Any
homeowner seeking to clear trees wi thin this area
must obtain prior approval from the Founders Bridge
Prclpert:y Owners Association's Architectural Design
Committee which in turn shall notify the adjacent
property owner (s) in Founders Bridge and the
Rosemont Homeowners Association prior to approving
any requested Owner activity. The Tree
PrE!senration Area shall be subj ect and subordinate
to the terms of any util i ty or drainage easements
whi.ch may be granted by Declarant or its successors
t() the County of Chesterfield, Virginia. (P)
Ayes:
Nays:
BarbE!r, King, Humphrey, Miller and VVarren.
Non.e .
,,-'
05SN0325
In Matoaca rvtagisterial District, NEW HOPE LUTHERAN CHURCH
requests Conditional Use and amendment of zoning district map
to permit a pri vate school and child care center in an
Agricul tural (A) District. The density of such amendment
will be controlled by zoninq conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for mixed use corridor use. This request lies on
11.8 acre::; fronting approximately 630 feet on the south line
of Hull StrE~et Road approximatl:Üy 920 feet east of Cosby
Road. Tax IDs 718-670-5193 and 6470; and 718-671-5003
(Sheet 15) .
Mr. Turner presented a summary
the Planninq Commission and
subject to one condition and
conditions.
of Case 05SN0325 and stated
staff recommended approval
acceptance of the proffered
Ms. Kristen Keatley I representing the applicant, stated the
recommendation is acceptable.
Mr. Barber called for public comment.
No one came forward to speak to the request.
05-860
10/26/05
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved Case 05SN0325 subject to the fOllowing condition:
In addition to uses permitted in an Agricultural (A)
District, private school and child care center uses shall be
permitted. (P)
~~
And, further, the Board accepted the following proffered
conditions:
1. Public water and wastewater shall be used. (U)
2. Prior to the issuance of the building permit for this
site, the developer shall make payment to Chesterfield
County in the amount of $200.00 per acre (not to exceed
$2,360.00 based upon the total acreage in the property)
as a contribution towards the expansion of the Dry Creek
Wastewater Pump Station. (U)
3. 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)
4.
Direct access from the property to Route 360 shall be
limited to one (1) entrance/exit. At time of site plan
review, the Transportation Department may modify this
condition to permit one (1) additional entrance/exit to
Route 360, provided that, but not limited to, an access
easement(s), acceptable to the Transportation
Department, is recorded from Route 360 across the
property to provide shared use of these accesses wi th
adjacent properties. The exact location of these
accesses shall be approved by the Transportation
Departmen t. (T)
-
5. Prior to site plan approval one hundred (100) feet of
right-of-way along the south side of Route 360, 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)
6. To provide an adequate roadway system, the developer
shall be responsible for the following improvements:
A. Construction of an additional lane pavement along
the eastbound lanes of Route 360 for the entire
property frontage.
B. Construction of additional pavement along the
eastbound lanes of Route 360 at each approved
access to provide a right turn lane, if warranted,
based on Transportation Department standards.
C. Construction of addition pavement along the
westbound lanes of Route 360 at the crossover that
aligns Cosby Road to provide an adequate left turn
lane. The exact length of this improvement shall be
approved by the Transportation Department.
05-861
10/26/05
7 .
8.
9.
Ayes:
Nays:
06SN0123
D.
Dedication to and for the benefit of Chesterfield
County, free and unrestricted, of any additional
right-of-way (or easements) required for the
improvements identified above. In the event the
developer is unable to acquire any "off-site"
riç;rht-of-way that is necessary for any improvement
describe!d in Proffered Cordi tion 6, the developer
may request, in costs associated with the
acquisit~ion of the right-of-way shall be borne by
the developer. In the event the County chooses not
to a.ssist the developer in acquisition of the "off-
site" right-of-way, the developer shall be relieved
of t:he obligation to acquire the "off-site" right-
of,-way and shall provide the road improvements
wi thin available right-of-vJaY, as determined by the
'I'r09.nspOJ::-tation Department ('r)
"-...
Prior to any site plan approval, a phasing plan for the
required road improvements, as identified in Proffered
Condi t:ion 6 shall be submi t ted to and approved by the
Transportation Department. (T)
of the underlying
restrictive, any new
care uses shall conform
zoning Ordinance for
Emerging Growth Areas.
Except: where the requirements
Agricultural District are more
development for school and child
to thE~ requirements of the
Corporatl::! Of:fice (0-2) uses in
( P)
Wi th 'the exception of playground areas which accommodate
swings, jungle gYms, or similar such facilities, all
active playfields, courts or similar active recreational
facilities ~'hich would accommodate organized sports such
as football, soccer, basketball, etc., shall be located
a minimum of 100 feet from any adjacent properties zoned
for resident.ial purposes or zoned agricultural and shown
on the plan as single fami ly residential uses. Wi thin
this st::!tback, landscaping shall be provided in
aCCOrdélTICe with Section 19-~522 (a) (4) of the Development
Standards Manual. Any playground areas shall be located
a minimum of forty (40) feet from all properties zoned
for residential purposes or zoned agricultural and shown
on the plan as single family residential uses. (P)
Barber, King, Humphrey, Miller and ~rarren.
NonE~ .
In Bermuda Magisterial District, Tl\RGET CORPORATION requests
Condi tional Use Planned Development and amendment of zoning
district map to permit an exception to the number of required
parking spaces. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The --
Comprehensive Plan suggests the property is appropriate for
commercial use. This request lies in a Community Business
(C-3) District on 9.1 acres and is known ëiS 2530 Weir Road.
Tax IDs 799-653-3811 and 6712 (Sheet 26).
Mr. Turner presented a summary of Case 06SN0123 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered condition.
05-862
10/26/05
Ms. Ashley Harwell, 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 06SNOl23 and accepted the fOllowing proffered
condition:
The Textual Statement, dated July 26,
considered the Master Plan. (P)
2005,
shall be
Ayes:
Nays:
Barber, King, Humphrey, Miller and Warren.
None.
06TW0171
-
In Bermuda Magisterial District, BENJAMIN BENTON, HIDDEN
VALLEY CORPORATION requests an exception to Section 19-232 of
the Chesapeake Bay Preservation Act Requirements of the
Zoning Ordinance to permit the encroachment of the
construction of a single-family dwelling into the Resource
Protection Area (RPA). As a condition of approval, the
applicant is proposing an \\RPA Enhancement Plan" by
constructing an enhanced vegetated buffer for water quality
improvement. Exceptions to the Resource Protection Area
Regulations are permitted pursuant to Section 19-235 (b) (2)
of the Ordinance. The property is located east of Chipstead
Court at 4001 Chipstead Court. Tax ID 793-649-3471 (Sheet
34). Questions concerning the case should be directed to the
Office of Water Quality, Scott Flanigan at (804) 748-1035.
Mr. Turner presented a summary of Case 06TW0171 and stated
staff recommends approval.
Mr. Jeff Collins, representing the applicant, stated the
recommendation is acceptable.
Mr. Barber called for public comment.
No one came forward to speak to the request.
Mr. King stated he received a letter from James and Helen
Fagan ~n opposition to this request because of potential
flooding issues. He further stated the Environmental
Engineering Office will ensure that flooding issues do not
occur as a result of construction on the subject property.
He stated he has always supported property rights, and he
will support the request and offer relief to the property
owner from the requirements of the Chesapeake Bay
Preservation Act.
Mr. King then made a motion, seconded by Mrs. Humphrey, for
the Board to approve Case 06TW0171.
Ayes:
Nays:
Barber, King, Humphrey, Miller and Warren.
None.
05-863
10/26/05
-,.~_.~....."_...'_''''''''''.'''._-~
05SN0249
In Midlothi.an Ma9isteri.al District, ,l\SC LAND CORPORATION
requests re'zoning and amendment of zoning district map from
Agricultural (A) t:o Residential (R--15) with Conditional Use
to permit recreational facilities. Residential use of up to
2.90 units per acre is permitted in a Residential (R-15)
District. The CcÞmprehensive Plan suggests the property is
appropriate for rE:!sidential use of 1.0 dwelling per acre or
less. This reques:t lies on 30.0 acres fronting approximately
350 feet on the north line of Robious Road approximately 330
feet west of Kings Farm Drive. '1'ax ID 726--727--8858 (Sheet
1) .
Ms. Beverly Rogers presented a summary of Case 05SN0249 and
stated the Planning Commission and staff recommended approval
subject to (::onditions and acceptance of the proffered
condi tions. She noted the request conforms 'í,,¡i th the Old
Gun/Robious ,~rea IJand Use Plan. She stated, at the time the
planning Commission considered the request, the proffered
condi tions addressed the impact of the proposed development
on capital facili ties in accordance with the Board I s policy
at that time. She further stated, since the Commission's
consideration of the request, the Board has adopted a new
cash proffE:!r policy which subjects proposals to one increase
during the time the application is pending, indicating that
the current: proposal does not address the new policy.
Mr. Brian Bejwe, representing the applicant. stated the
Planning Commission's recommendation was acceptable.
Mr. Barber called for public comment.
Mr. Mike Grotewiel, representing the IJenox Forest community,
stated he ~:mpports the development as proffered.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Barber stated the applicant has 'AtOrked very hard to gain
the support of the neighbors, and he is fully satisfied with
the $11,500 per dwelling unit cash proffer.
Mr. Barber then made a motion, seconded by Mr. Miller, for
the Board to approve Case 05SN0249 subject to the following
conditions:
1. Recreat:ional uses shall be limi ted to a private boat
landin9· (P)
2.
Any area dE!Voted to the st:orage of boats, other than
those êlreas located on individual lots, shall be
minimized from view of public roads and shall be located
so as to minimize their impact on adjacent residential
lots. At the time of tentative subdivision plan review,
if areas are proposed for boat storage, conditions may
be imposed to address this requirement which could
include, but not be limited to, buffE:!rs, screening and
locat.ion. (P)
-
(Note: Boat storage on individual lots must conform to the
requirements of the Zoning Ordinance,)
05-864
10/26/05
3.
The private boat
conjunction with
property. (P)
landing shall
subdivision
only be permi t ted in
development on the
4. The location of the private boat landing shall be
identified on the record plat. (P)
And, further, the Board accepted the following proffered
- conditions:
1. A maximum of twenty-two (22) lots shall be developed on
the property. (P)
2.
Public Water and Wastewater Systems, shall be used.
(U)
3. The private boat landing and river front common area
shall exclusively serve the residents of the subject
property and their guests, if accompanied by a resident.
(P)
4. At a minimum, the following restrictive covenants will
be recorded prior to or in conjunction with the
recordation of the subdivision plat:
A. Dwellings:
1. All residential dwellings will have a minimum
gross floor area of 2,500 square feet.
2.
Exposed foundations shall be covered with
brick or stone veneer.
-
3.
Plans and specifications for all
must be approved in writing
Architectural Review Committee.
dwellings
by the
B. Garages and Accessory Buildings:
1. Attached garages must be side or rear loaded.
2. Detached garages will be allowed, however the
plans and specifications must be approved in
writing by the Architectural Review Committee.
3. Garages and accessory buildings shall be
architecturally compatible with respect to
materials, colors, etc., with the residential
dwelling on the lot.
C. Driveways/Sidewalks:
,-
1.
Gravel driveways will not be allowed.
2. Driveways and sidewalks must be "hardscaped."
3 . A driveway/sidewalk plan must be approved in
writing by the Architectural Review Committee.
D. Landscaping:
1.
A landscaping plan must
approved in writing by
Review Committee.
be
the
submitted and
Architectural
05-865
10/26/05
E. Architectural Review Committee:
1. An Architectural Revie\\T Committee will be
estêlblished to reviei:J and approve all
construction plans. The said Architectural
Review Committee reserves a right to make
excE~ptions to these or any subsequent
provisions to these restrictive covenants. (P)
5. Except j:or timbering approved by the Virginia State
Department: of Forestry for the purpose of removing dead
or disE~as.~d trees, there shall be no timbering on the
propert.y until a land disturbance permit has been
obtainE!d from the Environmental Engineering Department
and thE! appro',ed devices installed. (EE)
6. In conjunction with recordation of the initial
subdivision plat, forty-five (45) feet of right-of-way
on the north side of Robious Road, measured from the
centerline: of that part of Robious Road immediately
adjacent to the property, shall be dedicated, free and
unrestric1:ed, to and for the benefit of Chesterfield
County" (rr)
7. Direct access from the property to Robious Road shall be
limi ted to one (1) public road. The exact location of
this aCCE=SS shall be appro'Jed by thl2! Transportation
Departm€~nt. (T)
8. In conjunction with developmE:nt of the initial
subdivision section, additional pavE~ment shall be
constructed along Robious Road at the approved access to
provided a right turn lane and the ditch shall be
relocated to provide an adequate shoulder on the north
side of Robious Road for the entire property frontage.
The dE:veloper shall dedicate to Chesterfield County,
free and unrestricted, any additional right-of-way or
easements required for these improvements. (T)
9. The applicant, subdivider, or assignee(s) shall pay the
following to the County of Chesterfield prior to the
issuance of building permit for infrastructure
improvements wi thin the service di strict for the
property:
a. $11, 500 per dwelling unit, if paid prior to ,July 1,
200:.; or
b. The amount approved by t:he Board of Supervisors not
to E=xceE~d $11,500 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.
Cash proffer payments
purposes proffered or
law. (B&M)
shall be spent for the
as otherwise permitted by
10. At the request of Parks and Recreation the developer
will provide a pedestrian trail connection in the
vicini ty IDf the boat landing to Robious Landing Park.
05-866
10/26/05
The pedestrian trails
owned and maintained
association. (P & R)
on the subj ec t property wi II be
by the community homeowner's
11.
All lots shall have a minimum area of 22,000
feet. (P)
square
12. The fifty (50) foot buffer required in accordance with
the Subdivision Ordinance along Robious Road shall be
located wi thin recorded open space. Brick or stone
columns, a minimum of six (6) feet in height, shall be
provided to each side of the project entrance within the
limits of the fifty (50) foot buffer. The exact
location and treatment of these columns shall be
reviewed and approved by the Planning Department through
the subdivision review process. (P)
13. A sidewalk shall be provided along one (1) side of all
public streets within the development. (P)
14.
Ayes:
Nays:
A fifty (50) foot tree preservation strip shall be
provided along the eastern property boundary adjacent to
lots within the Lenox Forest at Riverdowns Subdivision.
A minimum building setback of ten (10) feet shall be
required for all principal and accessory structures from
this tree preservation strip. Utility easements shall be
permitted to cross the strip in a perpendicular fashion.
Any healthy trees that are one (1) inch in caliper or
greater shall be retained within this tree preservation
strip except where removal is necessary to accoIrunodate
the improvements permitted by the preceding sentence. A
landscape plan shall be submitted for this tree
preservation strip which identifies all trees that are
one (1) inch in caliper or greater for preservation. Any
open areas of 100 square feet or greater shall be
supplemented with plant materials so as to minimize
year-round views of improvements on the subject property
from the aforementioned lots within the Lenox Forest at
Riverdowns Subdivision, as determined by the Planning
Department. The minimum size standards for supplemental
plant material shall comply with Section 19-518 (b) of
the Ordinance. (P)
Barber, King, Humphrey, Miller and Warren.
None.
05SN0312
In Midlothian Magisterial District, SUNRISE DEVELOPMENT, INC.
requests Conditional Use and Conditional Use Planned
Development and amendment of zoning district map to permit an
assisted living facility 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
medium density residential use of 1.51 to 4.0 units per acre.
This request lies in an Agricultural (A) District on 5.0
acres known as 2145 Cranbeck Road. Tax ID 742-714-6040
(Sheet 2) .
-
Mr. Robert Clay presented a sununary of Case 05SN0312 and
stated the Planning COIrunission and staff recollunended denial
05-867
10/26/05
~",..-..-_"._-""'_.,.,.-
because the proposed zoning and land use do not conform to
the Northern Area Plan and are not representative of and
compatible wit:h existing and anticipated area development.
He further stated the applicant has submitted an amendment to
Proffered Condition 3 to address the Fire Department's
concerns relative to access.
Mr. Barber made a motion, seconded by Mr. King, for the Board
to suspend its rules at this time t~o allow for the amended
Proffered Condition 3.
Ayes: Barber, Kinçr, Humphrey, Miller and Warren.
Nays: None.
Mr. John Easter,
Mark Mayberry,
Development.
representing the applicant:, introduced Mr.
who was present on behalf of Sunrise
Mr. Mayberry stated Sunrise is the largest senior living
provider in the country. He further stated Sunrise operates
27 assisted living facilities in Virginia and provided photos
of an exis,ting Sunrise facility in the Ci ty of Richmond. He
stated a need has been ident.ified in the county for
additional quality assisted living, and Sunrise has chosen a
site for a 75-unit licensed assisted living facility. He
further stated the subject prOpE!rty is a transitional site
between single-family residential and more intense uses,
which is convenient for customers and allows families to
easily visit the residents and to take them to church,
shopping and out to eat. He stated Sunrise facilities fit
well on f:hi:3 type of transitional site because of the
attractive architecture and landscaping; quiet uses with very
low impervious coverage and higher open space compared to
other uses; very little traffic; and no impact on school
enrollment. He stated the facility is an acceptable use to
the neighbors, who have indicated that they would oppose more
intense uses.
._-,<'
Mr. Easter stated the Northern Area Plan, was adopted in
1986, and thE!re have been many changes in the area since the
Plan adopt:ion, including the widening of both Robious and
Cranbeck Roads. He further stated the Thoroughfare Plan
calls for Cranbeck Road to continue across Robious Road down
to Chesterfield Town Center. He inquired whether it is
realistic for the subject property to have medium density
housing, ~mich is called for in the Plan, given the changes
that have occurred since the Plan adoption. He provided
details of a wide range of current uses in the area. He
stated the proposed assisted living faci Ii ty will include
both commercial and residential characteristics and is so
small it \tlill not even require a right-turn lane, indicating
that it is ¡:i good transitional use between commercial and
single-family. He further stated the applicant has worked
with the neighbors and offered a number of proffered
conditions to address their concerns. He stated the
neighbors have expressed concerns relative to more intense
commercial uses on the property and have indicated that they
would prefer the proposed development rather than waiting for
the Plan t.o be revised and see what would be allowed.
-
In response to Mr. Miller's question, Mr. Easter stated the
Planning Commission unanimously recommended denial.
05-868
10/26/05
In response to Mr. Miller's question, Mr. Clay stated the use
would run with the land.
Mr. Barber called for public comment.
No one came forward to speak to the request.
,-
Mr. Barber stated age-restricted apartments are located
directly across the street from the subject property, and he
sees some changes in the future on that strip of Robious
Road. He further stated the owner of the site has
occasionally used it for the dumping of logs, mulch and
brush, and he constantly receives complaints about the
debris. He stated he believes the facility is a good match
for the site. He further stated the Mr. Dan Gecker indicated
that the Planning Commission's vote for denial was a result
of the need for an updated Northern Area Plan, which has been
moved up on the Planning Commission's work agenda for the
study to begin in March 2006. He stated the applicant is not
in a position to wait for the Plan to be updated. He further
stated he has not heard a compelling argument that this is
not an acceptable use for the subject property.
Mr. Barber then made a motion, seconded by Mrs. Humphrey, for
the Board to approve Case 05SN0312 and accept the proffered
conditions.
Mrs. Humphrey stated this is an aging area, and she believes
the assisted living facility is needed in the community.
""..........
Mr. Miller expressed concerns that neither the Planning
Commission nor staff support the request, but stated he will
support the motion because Mr. Barber knows best what type of
use will fit in the area.
Mr. Barber called for a vote on his motion, seconded by Mrs.
Humphrey, for the Board to approve Case 05SN0312 and accept
the following proffered conditions:
The applicant in this conditional use case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950) (as amended)
and the Zoning Ordinance of Chesterfield County, for itself
and its successors or assigns (the "Applicant N), proffers
that the property under consideration (the "Property") will
be developed according to the following proffers if, and only
if, the rezoning request submitted herewith is granted with
only those conditions agreed to by the owner and Applicant.
In the event this request is denied or approved with
conditions not agreed to by the Applicant, the proffers shall
immedia tely be null and void and of no further force or
effect:
-
1. Dedication. Prior to approval of the site plan, the
Applicant shall dedicate, free and unrestricted, to and
for the benefit of Chesterfield County: (a) thirty-five
(35) feet of right-of-way on the east side of Cranbeck
Road, measured from the centerline of that part of
Cranbeck Road immediately adjacent to the Property; and
(b) forty-five (45) feet of right-of-way on the north
side of Robious Road, measured from the centerline of
that part of Robious Road immediately adjacent to the
Property. (T)
05-869
10/26/05
2. Development Standards. Except for any bulk exceptions
specified in the textual statement and for buffers, any
assisted living facility shall meet the Zoning Ordinance
development standards applicable to the Corporate Office
(0-2) Di.strict in the Emerging Growth Area. (P)
3. Access. wit.h the exception of access to accommodate
only emergency vehicles as approved by Chesterfield
County Fire & EMS, there shall be no direct access from
the property to Robious Road, and direct access from the
property to Cranbeck Road shall be limi ted to one (1)
entrance/exit. The exact location of any entrance/exit
shall bE~ approved by the Transportation Department. (T &
FA)
4 .
Maximum Number of
permitted at the
exceed 99. (P)
Beds. The maximum number 0 f
assisted living facility shall
beds
not
5. Maximum Height. All buildings for an assisted living
facility shall be limited in hE::ight to one (1) story.
(P)
6. Building Materials. The exposed portion of each
exterior wall surface of any building, excluding
windows, doors, breezeways. trim, and other
architect.ural features, shô.ll be composed at least
seventy-five (75) percent of fiber-cement siding,
masonry, stone veneer, brick veneer, or some combination
thereof. (P)
7. Hours for Servicing Waste Storage Areas. Solid waste
storage areas for any assisted living facility shall not
be serviced between the hours of 8:00 p.m. and 7:00 a.m.
( P)
8. Buffers. Adjacent to Tax IDs 7427147978 and 7427149467,
a buffer with a minimum width of fifty (50) feet planted
in accordance with perimet~:;:r landscaping C shall be
provided.. Adjacent to Tax IDs 74271,'17407 and
7427149231, ,a buffer with a minimum width of twenty five
(25) feet planted in accordance wi.th perimeter
landscaping B shall be provided. Such buffers shall
meet thE~ requirements of sections 19-520 (a) and 19-
521 (a} - (9) of the zoning ord:~nance. (P)
9.
Setbacks and Streetscape Along Cranbeck and Robious
Roads. All buildings and parking areas shall be set
back n<:>t less than fifty (50) feet from the ultimate
right:~ of way of Cranbeck Road and Robious Road. This
setback shall be landscaped to include street. trees and
a sidewalk and may include jogging trails, benches,
gazebos, and similar improve,ments. The landscaping and
sidewalk within these setback areas shall be compatible
with that shown on the appr<:>ved landscape plans entitled
The Belvedere Apartments, prepared by Higgins and
Gerstenmaier last revised 7/2/03. The exact spacing,
species, and sizes of plant mat.erials shall be approved
at the time of site plan review. (P)
-
Ayes:
Nays:
Barber, King, Humphrey, Miller and Warren.
None.
05-870
10/26/05
16. PUBLIC HEARINGS
There were no public hearings at this time.
17. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining requests for manufactured home
permits or zoning at this time.
18. ADJOURNMENT
On motion of Mr. Barber, seconded by Mr. King, the Board
adjourned at 7:54 p.m. until November 9, 2005 at 4:00 p.m.
Ayes:
Nays:
Barber, King, Humphrey, Miller and Warren.
None.
_.
~~ /1 (J
Lane B. Ramsey ~
County Administrator
Edward B. Barber
Chairman
05-871
10/26/05