11-28-2001 MinutesBOARD OF SUPERVISORS
MINUTES
November 28, 2001
Supervisors in Attendance:
Mrs. Renny B. Humphrey, Chairman
Mr. Kelly E. Miller, Vice Chrm.
Mr. J.L. McHale, III
Mr. Arthur S. Warren
Supervisor Absent:
Mr. Edward B. Barber
Mr. Lane B. Ramsey
County Administrator
Staff in Attendance:
Mr. George Braunstein,
Dir., Community Services
Board
Ms. Jana Carter, Dir.,
Youth Services
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Roy Covington, Asst.
Dir., Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Ms. Rebecca Dickson, Dir.,
Budget and Management
Mr. William D. Dupler,
Building Official
Ms. Lisa Elko,
Clerk
Chief Stephen A. Elswick,
Fire Department
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr Thomas E. Jacobson,
Dir., Planning
Mr Donald Kappel, Dir.,
Public Affairs
Mr Louis Lassiter, Dir.,
Internal Audit
Ms Mary Lou Lyle,
Dir., Accounting
Mr R. John McCracken,
Dir., Transportation
Lt Col. Dennis McDonald,
Police Department
Mr Richard M. McElfish,
Dir., Env. Engineering
Mr Steven L. Micas,
County Attorney
Mr Paul D. Patten,
Assessor
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. Scott Zaremba, Asst.
Dir., Human Resource
Management
zl/28/01
01-900
Mrs. Humphrey called the regularly scheduled meeting to order
at 4:09 p.m.
1, APPROVAL, OF MINUTES
On motion of Mr. McHale, seconded by Mr. Warren, the Board
approved the minutes of November 14, 2001, as submitted.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
2. COUNTY ADMINISTRATOR'S COMMENTS
Mr. Ramsey stated that on October 27, 2001 volunteers with
the Horseplay Program and their sponsors conducted a fund
raiser horseshow at the newly enlarged horse ring located
at the County Fairgrounds. He introduced Ms. Janet
Workman, Ms. Sheila White and Ms. Amy Vineyard, volunteers
with the Horseplay Program, and Mr. Greg Sager, Community
Recreation Manager to make a presentation to the Board.
Checks were presented to Mrs. Humphrey in the amount of
$1,970 to be used by Parks and Recreation for the
therapeutic riding program.
Mrs. Humphrey expressed appreciation for the voluntary
efforts that produced the generous contributions to the
therapeutic riding program.
Mr. Ramsey stated that the Budget and Audit Committee met
earlier today with representatives from KPMG, LLP, the
County's independent auditors, to review the FY01
Comprehensive Annual Financial Report. He further stated
that each Board member has been presented a copy of the
Report. He then introduced Ms. Elizabeth Foster,
engagement partner with KPMG, LLP.
Ms. Foster stated that KPMG audited County funds, Federal
funds, student activity funds of the School Board, the
Greater Richmond Convention Center Authority and the Lucy
Corr Village. She further stated that the audit is
officially complete and all areas received unqualified
opinions, which is the best possible opinion that can be
received.
Mr. Ramsey commended Ms. Lyle and members of her staff for
their efforts towards the audit process.
Mr. McHale noted that it is very rare for a locality to
receive an unqualified opinion in the area of Federal
programs, and commended the employees who operate those
programs.
BOARD CQMMITTEE REPORTS
Mr. Miller stated that he held a constituents' meeting on
November 15, 2001 relative to zoning issues impacting the
elderly. He further stated that he hopes to hold another
constituents' meeting specifically related to adult day care
centers.
il/28/0i
01-901
Mrs. Humphrey stated that she and Mr. Warren held a joint
constituents' meeting on November 19, 2001 with Attorney Tommy
Baer, Honorary President of B'nai B'rith International,
providing an international view on terrorism. She further
stated that a large number of students attended the meeting.
Mr. McHale stated that he attended the Chester tree lighting
ceremony on November 27, 2001. He further stated that he held
a constituents' meeting on November 13, 2001 relative to the
results of the Citizen Satisfaction Survey. He invited the
public to attend the Parade of Lights on December 8, 2001.
There were no Board committee reports at this time.
REOUESTS TO POSTPONE ACTION. ADDITIONS. OR CHANGES
ORDER OF PRESENTATION
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
added Item 8.C.14., Approval of Extension of Time for the
Planning Commission to Make Recommendations on Location of
Adult Uses; added Item 8.C.15., Initiation of Rezoning
Application for Proposed Richmond Senior Center Facility at
Featherstone Office Complex and Transfer of Midlothian District
Improvement Funds to the Planning Department for Rezoning
Application Fee; replaced Item 10.B., Status Report on the
General Fund Balance, Reserve for Future Capital Projects,
District Improvement Funds and Lease Purchases; added Item
14.B., Adoption of Resolution Recognizing Mr. Richard V. Morrow
for His Service as Chairman of the Emergency Medical Services
Advisory Council; replaced Item 16.A., Public Hearing to
Consider Enhancement Projects; and adopted the Agenda, as
amended.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
O RECOGNIZING SENIOR OFFICER BERRYMOND R. BURGESS, POLI~
DEPARTMENT, UPON HIS RETiRRMENT
Lieutenant Colonel McDonald introduced Mr. Berrymond Burgess
who was present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. Berrymond R. "Bubba" Burgess retired from the
Chesterfield County Police Department on September 1, 2001; and
WHEREAS, Senior Officer Burgess provided over 25 years of
quality service to the citizens of Chesterfield County; and
WHEREAS, Senior Officer Burgess has faithfully served the
County in the capacity of Dispatcher, Patrol Officer,
Investigator, Detective and Senior Police Officer; and
WHEREAS, Senior Officer Burgess has served in various
assignments during his tenure which range from the SWAT Team,
Vice/Narcotics Unit, DEA Task Force, and Narcotics Interdiction
Team; and
WHEREAS, Senior Officer Burgess received an Award for
Public Service from the United States Department of Justice in
recognition of his meritorious service and acts that materially
11/28/01
01-902
contributed to the attainment of the highest standards of
cooperative law enforcement and justice in the United States of
America; and
WHEREAS, Senior Officer Burgess was recognized by the Drug
Enforcement Administration for four years of distinguished
service with the Task Force and also received numerous letters
of thanks and appreciation for the assistance rendered in all
types of situations; and
WHEREAS, Senior Officer Burgess has provided the
Chesterfield County Police Department with many years of loyal
and dedicated service; and
WHEREAS, Chesterfield County and the Board of Supervisors
will miss Senior Officer Burgess' diligent service.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes Mr.. Berrymond
R. "Bubba" Burgess, and extends on behalf of its members and the
citizens of Chesterfield County their appreciation for his
service to the County, their congratulations upon his
retirement, and their best wishes for a long and happy
retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Senior Officer Burgess, and that
this resolution be permanently recorded among the papers of
this Board of Supervisors of Chesterfield County, Virginia.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
Mrs. Humphrey presented the executed resolution and a Jefferson
Cup to Mr. Burgess, accompanied by his wife, expressed
appreciation for his dedicated service to the County, and
wished him well in his retirement.
A standing ovation followed.
6, WORK SESSIONS
There were no work sessions at this time.
7, DEFERRED ITEMS
There were no deferred items at this time.
BUSINESS
ADOPTION OF 2002 LEGISLATIVE PROGRAM
Mrs. Humphrey stated that the Board met with members of the
County's legislative delegation on November 14, 2001 to present
the draft 2002 Legislative Program. She further stated that
members of the delegation indicated which requests they would
sponsor, and changes were then made to the proposed Program.
Ms. Curtin briefly reviewed changes requested by the Board
members to the proposed 2002 Legislative Program and also
reviewed staff recommended changes.
Mrs. Humphrey stated that the County has been asked to support
11/ 8/Ol
01-903
an increased payments-in-lieu-of-taxes initiative which will
assist the City of Richmond and other localities.
Discussion ensued relative to supporting various initiatives
and funding requests of the Clerk of the Circuit Court.
Ms. Curtin reviewed the updated legislative calendar and noted
that December 10, 2001 will be the pre-filing deadline for
legislative requests. She stated that, after December 10th,
the number of bills that can be introduced by members of the
House and the Senate will be limited.
Mrs. Humphrey stated that she feels the requests for impact fee
and cash proffer authority should remain a part of the Program
indefinitely.
Discussion ensued relative to deleting the request for summons
authority for zoning inspectors.
Mr. McHale stated that he feels various processes for
prosecuting zoning offenses throughout the country should be
reviewed so that more concrete recommendations can be provided
next year to the legislative delegation.
Discussion ensued relative to the proposal for
placement of multi-sectional manufactured housing
residential zoning districts.
by-right
in all
Ms. Curtin stated that the Housing Study Commission was asked
to review affordable housing with an emphasis on manufactured
housing. She further stated that draft language was submitted
by the manufactured home industry dealing with by-right zoning
as well as taxing and titling issues. She stated that some
protections were added to the language by a work group making
recommendations to the full Housing Study Commission. She
further stated that the Commission is meeting today to discuss
the work group's recommendation to go forward with the
legislation. She stated that localities have expressed a great
deal of opposition to the proposal.
Mrs. Humphrey expressed concerns that neighborhoods with
covenants and restrictions that are not recorded with the land
will be impacted by the proposal. She further expressed
concerns that the manufactured home industry has approached
representatives of the General Assembly with the proposal in an
effort to circumvent the local government zoning process. She
requested that the Board be provided with regular updates on
the potential legislation and that data be provided to the
legislative delegation relative to the number of manufactured
homes in the County as well as comparison data from the current
Census regarding affordable housing. She then requested that
the Board be provided with a list of the members who serve on
the Housing Study Commission.
Mr. Miller stated that he feels citizens and community
associations should be made aware of the proposal. He stated
that he feels the Board needs to be continuously vigilant in
issues that impact private property rights.
Mrs. Humphrey stated that the County guarantees a public
process relative to land use, and expressed concerns that the
industry will circumvent the County's process if this
legislation is passed.
Mr. McHale stated that there are vacant lots all across the
County where manufactured homes could be placed if the
legislation is approved. He further stated that the County
attempts to protect citizens, investments through its zoning
process.
01-904
1 /28/Ol
When asked, Mr. Micas stated that he is communicating with
Senator Watkins regarding the County's proposed amendments to
1998 "Vested Rights" legislation.
Mr. Ramsey stated that staff will provide a priority package
for the Board's review in December relative to the potential
for a statewide bond issue for roads.
There was brief discussion relative to the possibility of the
State returning additional funding to local governments for
education.
Mrs. Humphrey made a motion, seconded by Mr. Warren, for the
Board to adopt the 2002 Legislative Program, as amended.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
8.B. APPOINTMENTS
On motion of Mr. McHale, seconded by Mr. Warren, the Board
suspended its rules at this time to allow simultaneous
nomination/appointment of a member to serve on the Youth
Services Citizen Board.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
O YOUTH SERVICES CITIZEN BOARD
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
simultaneously nominated/appointed Ms. Emily Wyatt,
representing the Midlothian District, to serve as a youth
member on the Youth Services Citizen Board, whose term is
effective immediately and expires June 30, 2002.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
8,¢, ~ONSENT ITEMS
$,C.1.
ADOPTION OF RESOLUTION SUPPORTING THE RE-OUALIFICATION
OF THE CRATER REGIONAL PARTNERSHIP UNDER THE VIRGINIA
RE~IQNAL COMPETITIVENESS ACT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, the Crater Regional Partnership originally
qualified under Virginia's Regional Competitiveness Act
(Sections 15.1-1306 through 15.1-1310 of the Code of Virginia,
1950, as amended) for a five-year period in 1997; and
WHEREAS, during the Partnership's first five years its
efforts have focused upon the Partnership Board's identified
regional issues of workforce dewelopment, education and
regional cooperation; and
WHEREAS, representatives of the County of Chesterfield
have actively participated in and supported the work of the
Crater Regional Partnership, including the Board Chairman and
County Administrator, along with representatives of the private
11/2S/Ol
01-905
sector.
NOW, THEREFORE BE IT RESOLVED, that the Board of
Supervisors of the County of Chesterfield hereby supports and
encourages the re-qualification of the Crater Regional
Partnership, including the same ten member localities (the
Cities of Colonial Heights, Emporia, Hopewell and Petersburg,
and the Counties of Chesterfield, Dinwiddie, Greensville,
Prince George, Surry and Sussex).
AND, BE IT FURTHER RESOLVED, that the County of
Chesterfield agrees:
1) That the Crater Regional Partnership is authorized to
carry out the provisions of the Regional Competitiveness
Program on behalf of the County of Chesterfield; and
2) That the Crater Regional Partnership is authorized to
continue to receive Commonwealth of Virginia regional incentive
funds from the Virginia Department of Housing and Community
Development on behalf of the County of Chesterfield upon state
approval for re-qualification.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
8 .C.2.
AWARD OF CONSTRUCTION CONTRACT FOR THE WASTEWATER
PUMP STATION FLOW METER REHABILITATION PROJECT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
awarded a construction contract in the amount of $561,348.66 to
Process Piping and Welding, Incorporated for County Project
Number 01-0045, Wastewater Pump Station Flow Meter
Rehabilitation, and authorized the County Administrator to
execute the necessary documents.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
8.C.3. APPROVAL OF CHANGE ORDER8
8 .C.3 .a.
FOR THE GREAT BRANCH TRIBUTARY SEWER ASSESSMENT
DISTRICTS A AND B
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved Change Order Number One in the amount of $107,100 to
the contract with Piney Branch Development Company,
Incorporated for Great Branch Tributary Sewer Assessment
Districts A and B, and authorized the County Administrator to
execute the necessary documents.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
8 .C.3 .b.
FOR THE ROUTE I WATERLINE IMPROVEMmNTS, PHASE III
PROJECT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved Change Order Number Three in the amount of $58,316.76
to the contract for the Route 1 Waterline Improvements, Phase
III Project, and authorized the County Administrator to execute
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11/ 8/Ol
the necessary documents.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
8.C.4. REOUESTS FOR PERMIS$IQN
8.C.4,a,
FROM WAYNE P, ALDRIDGE, JUNE B, ALDRID~E, AND KEITH
W, ALDRIDGE FOR AN ~CEPTION TO THE USE OF PUBLIC
WASTEWATER FOR PROPOSED RESIDENTIAL STRUCTURES
LOCATED ON NEWBYS BRIDGE
On motion of Mr. McHale, seconded by Mrs. Humphrey,. the Board
approved a request from Wayne P. Aldridge, June B. Aldridge and
Keith W. Aldridge for an exception to the use of public
wastewater for proposed residential structures located at 3600
and 3610 Newbys Bridge Road, and authorized the County
Administrator to execute the necessary documents. (It is noted
a copy of the vicinity sketch is filed with the papers of this
Board.)
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
8 .C.4.b.
FROM WILLIAM B, DUVAL AND GENE H. DUVAL FQR ¢0NCRETR
CURB AND GUTTER TO ENCROACH WITHIN A TWENTY-SIX
FOOT WATER AND SEWER EASEMENT AND A SIXTEEN FOOT
DRAINAGE EASEMENT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved a request from William B. DuVal and Gene H. DuVal for
concrete curb and gutter to encroach within a twenty-six foot
water and sewer easement and a sixteen foot drainage easement,
subject to the execution of a license agreement. (lit is noted
a copy of the plat is filed with the papers of this Board.)
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
8,C,4,¢,
FROM JOHN C. HENKLE FOR A FENCE TO ENCROACH WITHIN
A SIXTEEN FOOT ALLEY EASEMENT ACROSS LOT 2, BLOCK
I, BRIGHTON GREEN, SECTION__4
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved a request from John C. Henkle for a fence to encroach
within a sixteen foot alley easement across Lot 2, Block I,
Brighton Green, Section 4, 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: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
8.C.5, STATE ROAD ACCEPTANCE
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
01-907
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 § 33.1-229, Code of Virginia, and the Department's
Subdivision
AND, BE IT FURTHER
clear and unrestricted
necessary easements for
AND, BE IT FURTHER
Street Requirements.
RESOLVED, that this Board guarantees a
right-of-way, as described, and any
cuts, fills and drainage.
resolution be forwarded to the Resident Engineer
Virginia Department of Transportation.
Tv~e Chance to the Secondary System of State HJohway~; Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.t -229
Project: Greenside, Section 2 ~ Rivers Bend
· Green Garden Circle, State Route Number: 5267
From: 0.02 Mi. E of Green Garden Wy., ( Rt 4843)
To: Green Garden Tr., ( Rt. 5292), a distance of: 0.07 miles.
Right-of-way record was filed on 9/15/1999 with the Office Of Clerk To Circuit Court in Pb. 106 Pg. 96,
with a width of 40 Ft.
· Green Garden Circle, State Route Number: 5267
From: Green Garden Tr., ( Rt. 5292)
To: Green Garden Tr., ( Rt. 5292), a distance of: 0.02 miles.
Right-of-way record was filed on 9/15/1999 with the Office Of Clerk To Circuit Court in Pb. 106 Pg. 96,
with a width of 40 Ft.
· Green Garden Circle, State Route Number: 5267
From: Green Garden Tr., ( Rt. 5292)
To: Green Garden Ct., ( Rt. 5293), a distance of: 0.07 miles.
Right-of-way record was filed on 9/15/1999 with the Office Of Clerk To Circuit Court in Pb. 106 Pg. 96,
with a width of 40 Ft.
· Green Garden Circle, State Route Number: 5267
From: Green Garden Ct., ( Rt. 5293)
To: Green Garden PI., ( Rt. 5294), a distance of: 0.08 miles.
Right-of-way record was filed on 9/15/1999 with the Office Of Clerk To Circuit Court in Pb. 106 Pg. 96,
with a width of 40 Ft.
· Green Garden Circle, State Route Number: 5267
From: Green Garden PI., ( Rt. 5294)
To: Green Garden PI., ( Rt. 5294), a distance of: 0.02 miles.
Right-of-way record was filed on 9/15/1999 with the Office Of Clerk To Circuit Court in Pb. 106 Pg. 96,
with a width of 40 Ft.
RESOLVED, that a certified copy of this
for the
01-908
· Green Garden Circle, State Route Number: 5267
From: Green Garden PI., ( Rt. 5294)
To: 0.01 Mi. S of Greenside Dr., ( Rt. 5266), a distance of: 0.09 miles.
Right-of-way record was filed on 9/15/1999 with the Office Of Clerk To Circuit Court in Pb. 106 Pg. 96,
with a width of 40 Ft.
· Green Garden Court, State Route Number: 5293
From: Green Garden Cr., ( Rt. 5267)
To: Cul-de-sac, a distance of: 0.03 miles.
Right-of-way record was filed on 9/15/1999 with the Office Of Clerk To Cimuit Court in Pb. 106 Pg. 96,
with a width of 40 Ft.
· Green Garden Place, State Route Number: 5294
From: Green Garden Cr., ( Rt. 5267)
To: Green Garden Cr., ( Rt. 5267), a distance of: 0.06 miles.
Right-of-way record was filed on 9/15/1999 with the Office Of Clerk To Circuit Court in Pb. 106 Pg. 96,
with a width of 40 Ft.
· Green Garden Terrace, State Route Number: 5292
From: Green Garden Cr., ( Rt. 5267)
To: Green Garden Cr., ( Rt. 5267), a distance of: 0.06 miles.
Right-of-way record was filed on 9/15/1999 with the Office Of Clerk To Circuit Court in Pb. 106 Pg. 96,
with a width of 40 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia Department
of Transportation has advised this Board the streets meet the
requirements established by the Subdivision Street Requirements
of the Virginia Department of Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to § 33.1-229, Code of Virginia, and the Department's
Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees a
clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that: a certified copy of this
resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Chanue to the Secondary System of State Hiuhwavs:
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Players Court ~ Rivers Bend
· Player Court, State Route Number: 4499
From: Player Ln., ( Rt. 4498)
01-909
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 8/27/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 66,
with a width of 50 Ft.
· Player Court, State Route Number: 4499
From: Player Ln., ( Rt. 4498)
To: Cul-de-sac, a distance of: 0.05 miles.
Right-of-way record was filed on 8/27/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 66,
with a width of 50 Ft.
· Player Lane, State Route Number: 4498
From: Middlecoff Dr., ( Rt. 4838)
To: 0.06 Mi. N of Middlecoff Dr., ( Rt. 4838), a distance of: 0.06 miles.
Right"of-way record was filed on 8/27/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg, 66,
with a width of 50 Ft.
· Player Lane, State Route Number: 4498
From: 0.06 Mi. N of Middlecoff Dr., ( Rt. 4838)
To: Player Ct., ( Rt. 4499), a distance of: 0.02 miles.
Right-of-way record was filed on 8/27/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 66,
with a variable width.
~nd, further, the Board adopted the following resolution:
WHEREAS, the street described below is shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia Department
of Transportation has advised this Board the street meets the
requirements established by the Subdivision Street Requirements
of the Virginia Department of Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described below to the secondary system of state highways,
pursuant to ~ 33.1-229, Code of Virginia, and the Department's
Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees a
clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
TYpe Chanae to the Secondary Svstem of State Hl¢~hwav~; Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
River Hills @ Rivers Bend
Middlecoff Drive, State Route Number: 4838
0.08 Mi. W of Sarazen Ln., ( Rt. 4837)
Cul-de-sac, a distance of: 0.32 miles.
Right-of-way record was filed on 1/14/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 10,
Project:
From:
To:
01-910
11/28/01
with a width of 50 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk' s Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia Department
of Transportation has advised this Board the streets meet the
requirements established by the Subdivision Street Requirements
of the Virginia Department of Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to ~ 33.1-229, Code of Virgin~, 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.
Tyne Chanoe to the Secondary System of State Hiuhwavs: A_.~l~Jiti(~n
Basis for Change: Addition, New subdivision street
Statutory Reference: §33,1-229
Project: Bayhlll Pointe, Section 10
· HIIIcreek Drive, State Route Number: 5016
From: 0.02 Mi. N of Point Trace Ct., ( Rt. 4494)
To: Sunset Point Ct., ( Rt. 4546), a distance of: 0.11 miles.
Right-of-way record was filed on 11/29/2000 with the Office Of Clerk To Circuit Court in Pb. 114; Pg. 49,
with a width of 50 Ft.
· Hillcreek Drive, State Route Number: 5016
From: Sunset Point Ct., ( Rt. 4546)
To: .06 Mi. E of Sunset Point Ct., ( Rt. 4546), a distance of: 0.06 miles.
Right-of-way record was filed on 11/29/2000 with the Office Of Clerk To Circuit Court in Pb. 114; Pg. 49,
with a width of 50 Ft.
· Sunset Point Court, State Route Number: 4546
From: Hillcreek Dr., ( Rt. 5016)
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 11/29/2000 with the Office Of Clerk To Circuit Court in Pb. 114; Pg. 49,
with a width of 50 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the street described below is shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia Department
of Transportation has advised this Board the street meets the
requirements established by the Subdivision Street Requirements
il/28/0i
oi-gii
of the Virginia Department of Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described below to the secondary system of state highways,
pursuant to ~ 33.1-229, Code of Virginia, and the Department's
$o~Oivision 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 this Board agrees to
reimburse the Virginia Department of Transportation for all
costs incurred during the first year following the Department's
acceptance of this road as part of the secondary system of
state highways that are associated with the correction either
faulty materials or workmanship associated with the road
described herein.
AND, BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Tvoe Chanae to the Secondary System of State Hi=hwavs:
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project:
From:
To:
Additiorl
Commonwealth Centre Parkway, Final Phase
Commonwealth Centre Parkway, State Route Number: 754
0.74 Mi. E of Hull Street Rd., ( Rt. 360)
1.02 Mi. E of Hull Street Rd., ( Rt. 360), a distance of: 0.28 miles.
Right-of-way record was filed on 4/19/1991 with the Office Of Clerk To Circuit Court in Pb. 75; Pg 17,
with a width of 90-115 Ft.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
8.C.6. T~A/~SFER OF DISTRICT IMPROVEMENT FUND~
8.C.6.a.
FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THF
SCHOOL BOARD TO PURCHASE TWO-WAY SECURITY RADIOS
FOR ETTRICK ELEmeNTARY SCHOOT,
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
transferred $1,500 from the Matoaca District Improvement Fund
to the School Board to purchase two-way security radios for
Ettrick Elementary School.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
01-912
11/28/01
8.C.6,b,
FROM THE MATOACA AND CLOVER HILL DISTRICT
IMPROVEMENT FUNDS TO THE SCHOOL BOARD TO PURCHASR
TWO-WAY SECURITY RADIOS FOR CRENSHAW ELEMENTARY
SCHOOL
On motion of Mr. McHale, seconded by Mrs. Humphrey,, the Board
transferred $325 from the Matoaca District Improvement Fund and
$325 from the Clover Hill District Improvement Fund (total of
$650) to the School Board to purchase two-way security radios
for Crenshaw Elementary School.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
8.C.7. APPROVAL OF AMENDMENT TO THE BOARD MINUTES OF
OCTOBER 24, 2001
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
amended the minutes of October 24, 2001, following the vote to
acknowledge withdrawal of Case 00SN0243, as follows:
FROM:
"Mr. Warren excused himself from the meeting."
TO:
"Mr. Warren excused himself from the meeting to meet with
community residents who were in attendance for this zoning
,!
case.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
8.C.8.
TRANSFER OF FUNDS AND,AUTHORIZATION OF AWARD OF
CONSTRUCTION CONTRACT FOR BRANCHWAY ROAD TQ
CQURTHOUSE ROAD CONNECTOR
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
transferred $100,000 from the General Road Improvement Account
for the construction of the Branchway Road to Courthouse Road
connector, and authorized the County Administrator to award a
construction contract up to $50,000, to the lowest responsible
bidder.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
8.C.9.
REOUEST TO OUITCLAIM A WATER EASEMENT ACROSS THE
PROPERTY OF PATRICK-LOUGHRAN PARTNERSHIP
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
water easement across the property of Patrick-Loughran
Partnership. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
01-913
ACCEPTANCE OF PARCELS OF LARD
8,C,10.a.
ALONG THE NORTH RIGHT OF WAY LINE OF RIVER ROAD
FROM S. B. COX, INCORPORATED
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 1.26
acres along the north right of way line of River Road (State
Route 602) from S. B. Cox, Incorporated, and authorized the
County Administrator to execute the necessary deed. (It is
noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
8.C.10.b.
SITUATED WEST OF WARBRO ROAD FROM HORNER
INVESTMENTS, LLC
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
accepted the conveyance of three parcels of land containing a
total of 2.165 acres situated west of Warbro Road from Horner
Investments, LLC, and authorized the County Administrator to
execute the necessary deed. (It is noted copies of the plats
are filed with the papers of this Board.)
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
$.C.11. SET DATES FOR PUBLIC HEARINGS
8 .C.11.a.
TO CONSIDER AMENDING T~ COUNTY CODE TO ALLOW FOP
COLLECTION OF EMERGENCY RESPONSE COSTS INCURRR~
IN RESPONDING TO DRIVING UNDER THE INFLUENC~
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
set the date of December 19, 2001 at 7:00 p.m. for a public
hearing to consider amending the County Code to allow for
reimbursement of emergency response expenses incurred by public
safety departments responding to driving under the influence
incidents.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
8.c.11,b,
TO CONSIDER AM_ENDING THE COUNTY CODE TO INCREASE
THE PENALTY FOR UNLAWFUL PARKING, CLARIFY TFR
PROVISIONS REGARDING UNLAWFUL PARKING IN HANDICAP
ZONES, AND STREAMLINE THE PROCESS FOR CONTESTING
PARKING NOTICES
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
set the date of December 19, 2001 at 7:00 p.m. for a public
hearing to consider amending the County Code to increase the
penalty for unlawful parking, clarify the provisions regarding
unlawful parking in handicap zones and streamline the process
for contesting parking notices.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
11/28/01
01-914
8.C.11,¢, TO REVISE F¥2002 SCHOOL BOARD GRANTS
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
set the date of December 19, 2001 at 7:00 p.m. for a public
hearing to consider increasing estimated revenues and
appropriations in the School Grants Fund by $1,887,347.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
8.C.11.d.
TO CONSIDER AMENDING COUNTY CODE TQ INCLUDE
BACKGROUND CHECKS FOR PARKS AND RECREATION
MAINTENANCE CREWS
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
set the date of December 19, 2001 at 7:00 p.m. for a public
hearing to consider amending the County Code to include
background checks for Parks and Recreation maintenance crews.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
8.C.12.
REFER THE DEVELOPMENT OF A SPOT BLIGHT ORDINANCE FOR
DILAPIDATED BUILDINGS TO THE PLANNING COMMISSION FOR
STUDY AND RECOMMENDATIQNS
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
referred the development of a Spot Blight Ordinance for
dilapidated buildings to the Planning Commission for study and
recommendation as authorized by Section 36-49.1:1 of the Code
Qf Virginia.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
$,C,13,
APPROVAL OF AMENDMENTS TO THE CHESTERFIELD COUNTY
SUPPLEMENTAL RETIREMENT PLA/~
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved the amended and restated Chesterfield County
Supplemental Retirement Plan. (It is noted a copy of the plan
is filed with the papers of this Board.)
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
8.C.14.
APPROVAL OF EXTENSION OF TIME FOR THE PLANNING
COMMISSION RECOMMENDATIONS ON LOCATION OF ADULT USES
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
extended the time for the Planning Commission to make
recommendations on the location of adult uses until February
19, 2002.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
11/2s/ol
01-915
8.C.15.
INITIATION OF REZONiNG APPLICATION FOR PROPOSRD
RICHMOND SENIOR CENTER FACILITY AT FEAT~RSTONR
OFFICE COMPLEX AND TRANSFER OF MIDLOTHIANDISTRICT
IMPROVEMENT FUNDS TO THE PLANNING DEPARTMENT FOR
REZONING APPLICATION F~E
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
initiated a rezoning application to amend Conditional Use
Planned Development Case 87S044 to permit indoor recreational
uses on the parcel designated as Tax ID Number 739-713-8707 for
a proposed Richmond Senior Center facility; appointed Mr. Kirk
Turner as the Board's agent to represent the Board's interests
during the rezoning process; and transferred $1,600 from the
Midlothian District Improvement Fund to the Planning Department
to pay the application fee for the rezoning application.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
Mrs. Humphrey requested a list of elementary schools that do
not have two-way radios for their faculty.
9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
10. REPORT~
On motion of Mr. McHale, seconded by Mr. Warren, the Board
approved the following reports:
A report on Developer Water and Sewer Contracts and a status
report on the General Fund Balance, Reserve for Future Capital
Projects, District Improvement Funds and Lease Purchases.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
recessed to the Administration Building, Room 502, for dinner.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
Absent: Barber.
Reconvening:
12, INVOCATIQ~
Reverend Phillip Glick, Rector of
Church gave the invocation.
Saint
David's Episcopal
01-916
11/ 8/Ol
13.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES
Q~ AMERICA
Eagle Scout David Bhatta led the Pledge of Allegiance to the
flag of the United States of America.
14. RESOLUTIONS AND SPECIAL RECOGNITIONS
14 .A.
RECOGNIZING DAVID KENNETH BHATTA UPON ATTAINING T~E
RANK OF EAGLE SCOUT
Mr. Hammer introduced Mr. David Bhatta who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by Mr.
William D. Boyce on February 8, 1910, and was chartered by
Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges in
a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. David Kenneth Bhatta, Troop 876, sponsored by
Mount Pisgah United Methodist Church, has accomplished those
high standards of commitment and has reached the long-sought
goal of Eagle Scout, which is earned by only four percent of
those individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, David has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its congratulations
to Mr. David Kenneth Bhatta on his attainment of Eagle Scout,
and acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
Mrs. Humphrey presented the executed resolution and patch to
Mr. Bhatta, accompanied by members of his family, congratulated
him on his outstanding achievement, and wished him well in his
future endeavors.
Mr. Bhatta expressed appreciation to the Board for the
recognition and also to Mr. Ralph White of the James River Park
System, his family and scoutmaster for their support.
01-917
11/28/01
3.4 .B.
RECOGNIZING MR. RICHARD V. MORROW FOR HIS SERVICE A~
C~IRMAN OF THE EMERGENCY MEDICAL SERVICES ADVISORY
Chief Elswick introduced Mr. Richard Morrow who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Emergency Medical
Services (EMS) Advisory Council was established on August 23,
1989 to promote the delivery of quality pre-hospital care to
the citizens of our community; and
WHEREAS, the Council is represented by the entire
community, including individuals from Bensley-Bermuda, Ettrick-
Matoaca, Forest View and Manchester Volunteer Rescue Squads;
the Department of Fire and Emergency Medical Services;
Operational Medical Directors; the Emergency Communications
Center; Police Department; local hospitals; and citizens, and
its mission is to provide support, guidance and advice to
ensure quality patient care, efficient utilization of resources
and to preserve and maintain the volunteer system for the
County of Chesterfield's emergency medical services system, and
the Council also addresses intermediate and long-range planning
issues, focuses on policy development and implementation, and
operates as the strategic body for EMS system planning for
Chesterfield County; and
WHEREAS, Mr. Richard V. Morrow was nominated and elected
to the position as Chairman of the Council in 1999, 2000 and
2001 and under his guidance and leadership, and with the
assistance of Council members, volunteer and career EMS
personnel, Chesterfield Fire and EMS staff and members, County
Administration, the County Board of Supervisors and many
others, certain significant initiatives benefitting the
County's emergency medical services have been realized,
including re-tooling the Council's structure and function to be
consistent with its stated purpose; completion of a
comprehensive EMS study and implementation of several of its
recommendations; and designation of the Chief of the
Chesterfield Department of Fire and EMS to be the primary EMS
official in Chesterfield County; and
WHEREAS, Mr. Morrow led the Council in the completion of
a Volunteer Recruitment and Retention Study and subsequent
strategies, including the hiring of a Volunteer Recruitment and
Retention Officer for the Chesterfield County Fire and EMS
system; development and implementation of a uniform volunteer
background investigation policy and procedure; development and
implementation of a Systematic Clinical Quality Assurance
initiative including an analysis and recommendations for
systematic quality assurance; development and implementation of
a comprehensive EMS revenue and recovery strategy and
initiative; and development and implementation of an EMS
training agreement and policy which encourages funding for the
advanced training of the County's EMS volunteers and
accountability by the volunteers who accept such funding.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes Mr. Richard V.
Morrow, and expresses appreciation for his guidance, diligence
of service and outstanding leadership and achievements as
Chairman of the EMS Advisory Council during the years 1999,
2000 and 2001.
1 /2s/ol
01-918
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mr. Morrow, and that this resolution
be permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
Mrs. Humphrey presented the executed resolution to Mr. Morrow,
accompanied by several members of the EMS Advisory Council, and
Ms. Margaret Lewis, Chief Executive Officer of Chippenham-
Johnston Willis (C-JW) Medical Center, and Ms. Toni Rice,
Business Development Officer of C-JW Medical Center, and
expressed appreciation for the outstanding accomplishments
during his service as Chairman of the EMS Advisory Council.
Mr. Morrow expressed appreciation to the Board for the
recognition and also to the members of the EMS Advisory Board
without whom the accomplishments would not have been realized.
15.
REOUESTS FOR MOBILE 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 OPPOSITION
- CASES WHERE THE APPLICANT DOES NOT ACCEPT THE
RECOMMENDATIQNAND/OR THERE IS PUBLIC OPPOSITION WILL
BE HEARD AT SECTION 17
01SN0245
In Clover Hill Magisterial District, ALLEN L. KIDD requested
rezoning and amendment of zoning district map from Agricultural
(A) to Corporate Office (0-2). The density of such amendment
will be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate for
residential use of 1.51 to 4.0 units per acre. This request
lies on 5.6 acres fronting approximately 820 feet on the west
line of North Arch Road across from Arboretum Parkway,
approximately 120 feet south of Knightsbridge Road. Tax IDs
752-704-1695 and 752-705-2621, 3439 and 3751 (Sheet 6).
Mr. Jacobson presented a summary of Case 01SN0245 and stated
that the applicant has requested a deferral until January 23,
2002.
Mr. Dean Hawkins, representing the applicant, requested a
deferral until January 23, 2002.
When asked, Mr. Hawkins stated that he feels the applicant has
made considerable progress in addressing citizens' concerns.
Mr. Warren stated that he would like to defer the case until
February 27, 2002 to allow ample time for the applicant to
address all of the citizens' concerns.
No one came forward to speak to the deferral.
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
deferred Case 01SN0245 until February 27, 2002.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
11/28/01
01-919
Mrs. Humphrey noted that Mr. Barber is absent from the meeting
because he is ill.
In Matoaca Magisterial District, JPI CAMPUS QUARTERS requested
rezoning and amendment of zoning district map from Agricultural
(A) to Residential Multi-family (R-MF) with Conditional Use
Planned Development for exceptions to Ordinance requirements.
Residential use of up to 10 units per acre is permitted in a
Residential Multi-family (R-MF) District. The Comprehensive
Plan suggests the property is appropriate for planned
transition use. This request lies on 14.7 acres fronting
approximately 670 feet on the east line of Hickory Road, also
fronting approximately 525 feet on the north line of Woodpecker
Road and is located in the northeast quadrant of the
intersection of these roads. Tax IDs 792-613-9415, 793-612-
1497 and 793-613-4553 and 5939 (Sheet 45).
Mr. Jacobson stated that, because the Planning Commission
deferred consideration of Case 02SN0108 until January 15, 2002,
staff is requesting that the Board defer the case until January
23, 2002.
Ms. Ramona Sein, representing the applicant, stated that the
deferral is acceptable.
No one came forward to speak to the deferral.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
deferred Case 02SN0108 until January 23, 2002.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
In Matoaca Magisterial District, ROBERT B. AND DOREEN M.
CADIGAN requested Conditional Use and amendment of zoning
district map to permit a two (2) family dwelling in an
Agricultural (A) District. This amendment would yield a
density of .04 units per acre. The Comprehensive Plan suggests
the property is appropriate for rural conservation use. This
request lies on 55.0 acres fronting approximately 15 feet on
the north line of Winterpock Road, also fronting approximately
255 feet on the east line of Coalboro Road approximately 1,200
feet north of Clover Hill Road. Tax ID 714-652-8334 (Sheet
23) .
Mr. Jacobson presented a summary of Case 02SN0118 and stated
that the Planning Commission and staff recommend approval
subject to conditions.
Mr. Robert Cadigan stated that the
acceptable.
recommendation is
No one came forward to speak to the request.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved Case 02SN0118 subject to the following conditions:
Occupancy of the second dwelling unit shall be limited to:
the occupants of the principal dwelling unit; individuals
11/2S/Ol
01-920
related to them by blood, marriage, adoption or
guardianship; foster children; guests; and any domestic
servants. (P)
For the purposes of providing record notice, prior to
release of an occupancy permit for a second dwelling unit:
An instrument titled "notice of zoning restriction"
shall be recorded with the property owner indexed as
"grantor" and setting forth the limitations of
Condition 1; and
bo
The deed book and page number of such notice and a
copy of the notice as recorded shall be submitted to
the Planning Department. (P)
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
02SN0122
In Clover Hill Magisterial District, CHESTERFIELD COUNTY BOARD
OF SUPERVISORS requested rezoning and amendment of zoning
district map from Residential (R-15) to Corporate Office (0-2).
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 on 2.7 acres and is known as 2730 Hicks
Road. Tax ID 758-692-1431 (Sheet 11).
Mr. Jacobson presented a summary of Case 02SN0122 and stated
that the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. He noted that the
request conforms to the Route 360 Corridor Plan.
Mr. Louis Moore, representing the applicant, stated that the
recommendation is acceptable.
No one came forward to speak to the request.
On motion of Mr. Warren, seconded by Mr. McHale, the Board
approved Case 02SN0122 and accepted the following proffered
conditions:
Prior to any final site plan approval, forty-five (45)
feet of right-of-way on the west side of Hicks Road,
measured from the centerline of that part of Hicks Road
immediately adjacent to the property, shall be recorded.
(T)
No direct access shall be provided from the property to
Hicks Road. (T)
The uses permitted shall be restricted to governmental
office and police precinct uses. (P)
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
02SN0124
In Midlothian Magisterial District, ROBERT D. AND RACHEL L.
STRICKLAND requested Conditional Use and amendment of zoning
district map to permit a two (2) family dwelling in an
01-921
1/28/01
Agricultural (A) District. This amendment would yield a
density of 1.0 unit per acre. The Comprehensive Plan suggests
the property is appropriate for residential use of 1.01 to 2.5
units per acre. This request lies on 2.0 acres and is known as
1101 Coalfield Road. Tax ID 727-700-2816 (Sheet 5).
Mr. Jacobson presented a summary of Case 02SN0124 and stated
that the Planning Commission and staff recommend approval
subject to conditions.
Mr. Robert Strickland stated that the recommendation is
acceptable.
No one came forward to speak to the request.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved Case 02SN0124 subject to the following conditions:
This Conditional Use shall be granted to and for Robert D.
or Rachel L. Strickland exclusively and shall not be
transferable nor run with the land. The second dwelling
unit shall only be permitted while Robert D. and Rachel L.
Strickland reside in the principal dwelling unit. (p)
Occupancy of the second dwelling unit shall be limited to
the parents of Robert D. or Rachel L. Strickland and their
immediate family members. (P)
o
For the purposes of providing record notice, within thirty
(30) days of the approval of this request:
ao
An instrument titled "notice of zoning restriction"
shall be recorded with the property owner indexed as
"grantor" and setting forth the limitations of
Conditions 1 and 2; and
bo
The deed book and page number of such notice and a
copy of the notice as recorded shall be submitted to
the Planning Department. (P)
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
In Bermuda Magisterial District, ROBERT I. POLK, JR. AND
CYNTHIA G. POLK requested Conditional Use and amendment of
zoning district map to permit a dwelling unit separated from
the principal dwelling unit. This amendment would yield a
density of 0.2 units per acre. The Comprehensive Plan suggests
the property is appropriate for residential use of 1.5 units
per acre or less. This request lies in an Agricultural (A)
District on 10.2 acres fronting approximately 700 feet on the
north line of Enon Church Road at Riverview Drive. Tax ID 817-
643-6695 (Sheet 35).
Mr. Jacobson presented a summary of Case 02SN0126 and stated
that the Planning Commission and staff recommend approval
subject to conditions and acceptance of the proffered
condition.
Mr. Robert Polk stated that the recommendation is acceptable.
No one came forward to speak to the request.
11/28/ol
01-922
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved Case 02SN0126 subject to the following 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)
For the purposes of providing record notice, prior to
release of a building permit:
An instrument titled "notice of zoning restriction"
shall be recorded with the property owner indexed as
"grantor" and setting forth the limitations of
Condition 1; and
The deed book and page number of such notice and a
copy of the notice as recorded shall be submitted to
the Planning Department. (P)
And, further,
condition:
the Board accepted the following proffered
The proposed detached second dwelling unit will be constructed
no further than twenty-five (25) feet from the principal
residence to be located on the request site. (U)
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
02SN0128
In Dale Magisterial District, ARTCRAFT INVESTMENT L.C.
requested amendment to Conditional Use Planned Development
(Case 87S133) and amendment of zoning district map to permit
multi-family uses and exceptions to building height, buffers,
signage and parking space requirements. 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
Corporate Office (0-2) District on 7.7 acres fronting
approximately 875 feet on the south line of Ridgedale Parkway,
approximately 950 feet west of Iron Bridge Road. Tax ID 775-
688-6028 (Sheet 11).
Mr. Jacobson presented a summary of Case 02SN0128 and stated
that the Planning Commission and staff recommend approval and
acceptance of the proffered conditions.
Ms. Ashley Harwell, representing the applicant, stated that the
recommendation is acceptable.
No one came forward to speak to the request.
On motion of Mr. Miller, seconded by Mr. Warren, the Board
approved Case 02SN0128 and accepted the following proffered
conditions:
The Owner (the "Owner") in this zoning case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended) and
the Zoning Ordinance of Chesterfield County, for themselves and
their successors or assigns, proffer that the development of
the Property known as Chesterfield County GPIN/Tax
11/28/Ol
01-923
Identification Number 775-688-6028 (the "Property") under
consideration will be developed according to the following
conditions if, and only if, the request for amendment to
Conditional Use Planned Development ("CUPD") Case 87S133 is
granted. In the event the request is denied or approved with
conditions not agreed to by the Owner, the proffers and
conditions shall immediately be null and void and of no further
force or effect.
Age RestrictiQ~. Except as otherwise prohibited by the
Virginia Fair Housing Law, Code of Virginia Section 36-
96.1 et seq.; the Fair Housing Act, 42 USC Section 3601 et
seq., as amended by the Fair Housing Amendments Act of
1988; 24 CFR Section 100.304; and such other applicable
federal, state, or local legal requirements in effect as
of the date of approval of this request, multifamily
dwelling units shall be restricted to "housing for older
persons" as defined in the Virginia Fair Housing Law, Code
of Virginia Section 36-96.7, and shall have no persons
under 19 years of age domiciled therein. (P)
o
Permitted Use~. In addition to those uses permitted by
Textual Statement 8.1 of Case 87S133, the following uses
shall be permitted on the request Property only:
Permitted uses: Residential multifamily
Minimum Open Space Requirements: 35%
Maximum Building Height: three (3) stories
Parking: Parking shall be provided based on a ratio of
one (1) space per dwelling unit.
Maximum Number of Multifamily Dwelling Units: 120 (P)
(Note: The modification to permit residential multifamily
use shall not mean that the requirements of the R-MF
(Multifamily Residential) district will apply to the
development of the request Property.)
~. With approval of this request, Condition 8
of Case 87S133 shall be amended to permit a maximum twenty
(20) foot encroachment into the fifty (50) foot buffer
adjacent to Tax ID 775-687-9077 (school site) as
determined necessary by the Fire Department to accommodate
emergency vehicle access on the request Property only.
(p)
(Note: Except as modified above, all other requirements
of Condition 8 of Case 87S133 shall remain in effect.)
o
Signs. With the approval of this request, Condition 16 of
Case 87S133 shall be deleted on the request Property only.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
01SN0267
In Matoaca Magisterial District, TASCON GROUP, INC. requested
rezoning and amendment of zoning district map from Agricultural
(A) to Residential Multi-family (R-MF) with Conditional Use
Planned Development to permit exceptions to Ordinance
requirements. Residential use of up to 10 units per acre is
permitted in a Residential Multi-family (R-MF) District. The
Comprehensive Plan suggests the property is appropriate for
community mixed use with residential densities of 8 to 14 units
per acre and for single family residential use of 2.0 units per
11/28/01
01-924
acre or less. This request lies on 37.3 acres fronting
approximately 1,350 feet on the west line of North Spring Run
Road, also fronting approximately 1,400 feet on the north line
of McEnnally Road and is located in the northwest quadrant of
the intersection of these roads. Tax ID 724-670-5538 (Sheet
i5) .
Ms. Beverly Rogers presented a summary of Case 01SN0267 and
stated that staff recommends denial because although the
proposal on the northern portion of the property conforms to
the Upper Swift Creek Plan, the proposal for the southern
portion of the property does not. She further stated that the
applicant's proposal does not provide for several amenities
that staff typically looks for in a high-density residential
development, and also does not provide a second public road
access. She stated that although the proffered conditions do
not address the impact on school facilities, they are
consistent with what has been approved for similar projects in
the County. She further stated that the Planning Commission
recommends approval and acceptance of the proffered conditions
because the applicant's other projects have represented quality
development.
Mr. John Easter, representing the applicant, stated that four
conditions have been developed at Mrs. Humphrey's request that
he feels will adequately address all concerns and indicated
that the conditions are acceptable to the applicant.
Mr. Jerry McCracken, President of the Summerford Homeowners
Association, stated that the residents of Summerford support
the proposed request.
Ms. Diane Mays, a resident McEnnally Road, stated that the
residents of McEnnally Road support the proposed request.
There being no one else to speak to the case, the public
hearing was closed.
Mrs. Humphrey stated that the applicant addressed the McEnnally
Road residents' concerns by providing utility lines to their
property and also agreeing not to provide access to the
proposed development from McEnnally Road. She further stated
that staff has developed four conditions that she is requesting
that the Board impose relative to setback and buffer along
Winterpock Road; architecture; sidewalks, walkways and
pedestrian trails; and naming of the proposed development, and
noted that these conditions will address all concerns
expressed.
Ms. Rogers stated that the Board should impose the conditions
and also accept the proffered conditions, but not accept
Proffered Condition 12 because Condition 3 supersedes Proffered
Condition 12.
Mr. Easter stated that the addition of Conditions 1 through 4
and deletion of Proffered Condition Number 12 is acceptable.
Mrs. Humphrey made a motion for the Board to approve Case
01SN0267 subject to conditions and acceptance of all proffered
conditions, with the exception of Proffered Condition 12.
When asked, Mrs. Humphrey elaborated upon the language of the
four conditions she is requesting the Board to impose.
Mr. Warren then seconded Mrs. Humphrey's motion.
Mrs. Humphrey called for a vote on her motion, seconded by Mr.
Warren, for the Board to approve Case 01SN0267 subject to the
following conditions:
ii/28/0i
01-925
Setback and Buffer Along Winterpock Ro~d. Ail buildings
shall be setback from the ultimate right of way of
Winterpock Road a minimum of sixty-five (65) feet. Within
this setback, the buffer required by Proffered Condition
2 shall be planted at 1.5 times the density of Perimeter
Landscaping C; provided that, at time of site plan review,
an alternative landscaping plan for such buffer may be
submitted to the Planning Department for review and
approval that substitutes magnolia trees, in an amount
acceptable to the Planning Department, for the deciduous
and evergreen trees otherwise required for this buffer.
(p)
(Note: This condition supersedes Textual Statement 4 with
respect to setbacks along Winterpock Road.)
Architecture. Any building that is located both within
150 feet of Winterpock Road and also within 150 feet of
McEnnally Road shall only contain dwelling units that
include a sunroom similar to that shown on the corner of
the units illustrated in Exhibit B. All buildings shall
have a band of masonry at the base of the building that
encircles the entire building except for doorways and
garage doors. (P)
(Note: This condition is in addition to Proffered
Condition 5.)
o
Sidewalks, Walkways. and Pedestrian Trails. Sidewalks
having a width of three (3) feet shall be provided
generally along both sides of all interior streets, but
not along driveways serving only one or two buildings;
provided that, along that portion of the internal street
that generally parallels McEnnally Road, as shown on the
Schematic Plan, if topographic and dimensional constraints
between McEnnally Road and the pond make provision of
sidewalks on both sides of the street impractical, a
sidewalk may be placed on only one side of that portion of
the street. Sidewalks shall also be provided along the
entrance road to North Spring Run Road and to the adjacent
property to the north, identified as Tax ID 725-671-9228.
Walkways shall be provided from the driveways for
individual buildings to the entrances of all dwelling
units. Sidewalks and walkways shall be constructed of
exposed aggregate or stamped concrete. Pedestrian trails
shall be provided around the pond with connections to the
clubhouse area and to the major internal streets. The
exact treatment and location of these sidewalks and
pedestrian trails shall be approved by the Planning
Department at the time of site plan review. (P)
(Note: This condition supersedes Proffered Condition 12)
Name. The name of the development shall include "Norwood
Pond at Winterpock." (p)
And, further, the Board accepted the following proffered
conditions:
The property owners and applicant in this rezoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950 as
amended) and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the
property under consideration 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 owners and applicant. In the event this request is
11/28/Ol
01-926
denied or approved with conditions not agreed to by the owners
and applicant, the proffers shall immediately be null and void
and of no further force or effect.
Virginia Condominium Act. Ail dwelling units on the
Property shall be condominiums as defined and regulated by
the Virginia Condominium Act, and all common areas and
improvements therein shall be maintained by a condominium
association. (P)
Buffers and Landscaped Setback. A thirty-five (35) foot
buffer, inclusive of required yards, shall be maintained
adjacent to North Spring Run, Winterpock and McEnnally
Roads, as shown on the Schematic Plan dated August 7,
2001, prepared by Balzer and Associates, Inc. attached
hereto as Exhibit 'tC". These buffers shall comply with
Sections 19-520 (a), 19-521 (a), (b), (e), (f) and (h) and
19-522 (a) (2) of the Zoning Ordinance.
A twenty-five (25) foot landscaped setback shall be
provided adjacent to Tax ID 725-671-9228. This setback
shall comply with Sections 19-520 (a), 19-521(a), (e),
(f), (h), and (i), and 19-522(a) (1) of the Zoning
Ordinance. (P)
Cash Proffer. The applicant, subdivider, or assignee(s)
shall pay $4,591.00 per unit to the County of
Chesterfield, prior to the time of issuance of a building
permit, for each new dwelling unit for infrastructure
improvements within the service district for the Property
if paid prior to July 1, 2002. At the time of payment,
the $4,591.00 will be allocated pro-rata among the
facility costs as calculated annually by the County Budget
Department as follows: $356 for schools, $805 for parks,
$280 for library facilities, $2,838 for roads and $312 for
fire stations. Thereafter, such payment shall be the
amount approved by the Board of Supervisors not to exceed
$4,591.00 per unit (prorated as set forth above) and shall
be adjusted upward by any increase in the Marshall and
Swift Building Cost Index between July 1, 2001 and July 1
of the fiscal year in which the payment is made if paid
after June 30, 2002. If any of the cash proffers are not
expended for the purposes designated by the Capital
Improvement Program within fifteen (15) years from the
date of payment, they shall be returned in full to the
payor. Should Chesterfield County impose impact fees at
any time during the life of the development that are
applicable to the Property, the amount paid in cash
proffers shall be in lieu of or credited toward, but not
be in addition to, any impact fees in a manner as
determined by the County. (B&M)
o
o
Recreation Area. A minimum of 0.75 acres of open
space/recreation area shall be provided on the property in
an area lying at the western terminus of the entrance
road, adjacent to, and including the clubhouse area, as
depicted on the Schematic Plan, to provide a 'tfocal point"
as one enters the project· Part of the area shall be
"hardscaped" and have benches and other amenities that
accommodate and facilitate gatherings. The exact design
and location shall be approved by the Planning Department
at the time of site plan review. The clubhouse building
shall have a minimum size of at least 2,600 gross square
feet, and, together with related recreational amenities,
shall be developed concurrent with the first phase of
development. (P)
Schematic Plan and Elevations. Development of the
Property shall be in substantial conformance with the
1~/28/01
01-927
o
o
10.
11.
13.
14.
architectural appearance shown on the elevations attached
hereto as Exhibits "A" and ~'B" with respect to the
materials depicted, which are brick veneer, composition
siding and 20 year asphalt roof shingles. Development of
the Property shall generally conform to the Schematic Plan
with respect to the general location of the clubhouse
building, open spaces, the orientation of buildings such
that the number of garage doors opening to any individual
street are minimized, and the clustering of buildings.
The location of roads, access, driveways and parking areas
need not be exactly as shown on the Schematic Plan;
however, the concepts of the Plan shall be generally
adhered to such as the orientation of dwelling units to
one another, to open spaces, and to rights of way. (p)
Timbering RestrictiQD. With the exception of timbering to
remove dead or diseased trees which has been approved by
the Virginia State Department of Forestry, there shall be
no timbering until a land disturbance permit has been
obtained from the Environmental Engineering Department.
(EE)
Public Utilities. The public water and waste water
systems shall be used. (U)
Restriction on Children's Play Facilities. The common
area recreational amenities shall not include playground
equipment, play fields or other facilities primarily
associated with children's play. Adult facilities
including, but not limited to, swimming pools, putting
greens or shuffleboard shall be permitted. (P)
Density. There shall be no more than one hundred twenty
four (124) units developed on the Property. (P)
Pond as an Amenity. The pond identified on the Schematic
Plan shall be landscaped or otherwise improved so that it
becomes a visual enhancement to, and an amenity for, the
development. The exact design and treatment shall be
reviewed and approved by the Planning Department at time
of site plan review. (P & EE)
Concrete Curb and Gutter. Concrete curb and gutter shall
be installed along the main driveways and cul-de-sacs
which provide access to driveways and parking areas
serving residences. (EE)
Street Trees. Street trees shall be installed along each
side of the interior roads and common driveways to include
entrance roads from public roads into the development. If
existing trees are maintained, they may be counted toward
this requirement. The Planning Department, at the time of
site plan review, shall approve a schematic landscaping
plan. The exact location, spacing, size and species of
plantings shall be approved by the Planning Department at
the time of site plan review. (P)
Landscaping. Landscaping shall be provided around the
perimeter of all buildings, between buildings and
driveways, within medians, and within common areas not
occupied by recreational facilities or other structures.
Landscaping shall comply with the requirements of the
Zoning Ordinance Sections 19-516 through 19-518(f).
Landscaping shall be designed to: minimize the
predominance of building mass and paved areas; define
private spaces; and enhance the residential character of
the development. The Planning Department at the time of
site plan review, shall approve the landscaping plan, with
respect to the exact numbers, spacing, arrangement and
01-928
species of plantings. (P)
15. Transportation.
a. Right of Way Dedication.
i)
North Spring Run Road. Prior to final site
plan approval, forty five (45) feet of right-
of-way on the west side of North Spring Run
Road, measured from the centerline of that part
of North Spring Run Road immediately adjacent
to the Property, shall be dedicated, free and
unrestricted, to and for the benefit of
Chesterfield County.
ii)
M~E~na%ly Road and Winterpock Road. Prior to
final site plan review, seventy five (75) feet
of right-of-way on the north side of McEnnally
Road and forty five (45) feet of right-of-way
on the east side of Winterpock Road, measured
from the centerlines of both roadways
immediately adjacent to the Property, shall be
dedicated, free and unrestricted, to and for
the benefit of Chesterfield County.
Access to North Spring Run Road. Direct access from
the Property to North Spring Run Road shall be
limited to one (1) entrance/exit. This access shall
be located approximately midway of the North Spring
Run Road frontage as generally shown on the
Schematic Site Plan attached hereto as Exhibit "C".
The exact location of this access shall be approved
by the Transportation Department.
C ·
Access to McEnnally Road. No direct access shall be
provided from the Property to or from McEnnally
Road.
Access to Winterpock Road. No direct access shall
be provided from the Property to or from Winterpock
Road except for an emergency access as generally
shown on the Schematic Site Plan attached hereto as
Exhibit "C". The location and design of this
emergency access shall be reviewed and approved by
the Transportation and Fire Departments in
conjunction with site plan approval. Maintenance of
this emergency access shall be the responsibility of
the condominium association.
e o
Transportation Improvements. To provide an adequate
roadway system at the time of complete development,
the Developer shall be responsible for the
following:
i)
Construction of additional pavement along North
Spring Run Road at the approved access to
provide left and right turn lanes, based on
Transportation Department standards;
ii)
Relocation of the ditch to provide an adequate
shoulder along the west side of North Spring
Run Road for the entire Property frontage; and
iii) Dedication to Chesterfield County, free and
unrestricted, any additional right-of-way (or
easements) required for the improvements
identified above.
f o
Transportation Phasing Plan.
01-929
Prior to any site plan
11/28/01
approval, a phasing plan for the required roadway
improvements, as identified in Proffered Condition
15.e., shall be submitted to and approved by the
Transportation Department. (T)
16.
Dry Creek Wastewater Pump StatiQn. Prior to issuance of
the first building permit for the Property, the
owner/developer shall make payment to the Chesterfield
County Department of Utilities in the amount of $7,468.00
towards the cost of the future expansion of the Dry Creek
Wastewater Pump Station. (U)
17.
Severance. The unenforceability, elimination, revision or
amendment of any proffer set forth herein, in whole or in
part, shall not affect the validity or enforceability of
the other proffers or the unaffected part of any such
proffer. (p)
Ayes: Humphrey, McHale, Miller and Warren.
Nays: None.
Absent: Barber.
In Bermuda Magisterial District, BRUCE H. AND GRACIE V. MANN
requested a Mobile Home Permit and amendment of zoning district
map to park a mobile home in a Residential (R-7) District. The
density of this proposal is approximately 1.85 units per acre.
The Comprehensive Plan suggests the property is appropriate for
residential use of 2.51 - 4 units per acre. This property is
known as 2912 and 2916 General Boulevard. Tax IDs 792-666-9886
and 793-666-0589 (Sheet 18).
Mr. Jacobson presented a summary of Case 02SN0143 and stated
that the applicants have now agreed to all conditions
recommended by staff; therefore staff recommends approval for
seven years subject to the conditions.
Mr. Bruce Mann stated that staff's
acceptable.
recommendation is
No one came forward to speak to the request.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved Case 02SN0143 for seven years subject to the following
conditions:
The applicants shall be the owners and occupants of the
mobile home.
Mobile home permit shall be granted for a period not to
exceed seven (7) years from date of approval.
No lot or parcel may be rented or leased for use as a
mobile home site nor shall any mobile home be used for
rental property.
No additional permanent-type living space may be added
onto a mobile home.
5. The mobile home shall have a minimum 5/12 roof pitch.
The mobile home shall be placed on a permanent foundation
with masonry skirting.
7. The mobile home shall be multi-sectional.
8. The mobile home shall be placed on an individual lot.
11/28/Ol
01-930
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
01SN0274
In Clover Hill Magisterial District, CAVALIER COACH, INC.
requested amendment to zoning (Case 00SN0123) and amendment of
zoning district map relative to screening of loading areas.
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 a Light Industrial (I-l) District on 3.3
acres fronting approximately 210 feet on the west line of South
Providence Road, approximately 315 feet south of Midlothian
Turnpike. Tax ID 758-705-Part of 8830 (Sheet 7).
Mr. Jacobson presented a summary of Case 01SN0274 and stated
that staff recommends denial of the proposed request because it
fails to address screening of loading areas for the proposed
facility from view of properties consistent with past actions
for similar facilities in the County and also fails to comply
with one of the goals of the Eastern Midlothian Plan which
suggests that the aesthetic quality of the Corridor should be
improved. He further stated that the Planning Commission
recommends approval and acceptance of the proffered condition,
indicating that they were comfortable with the land use
transition and screening of the proposed use. He stated that
the Commission also indicated support for the proffered
landscaping as an alternative to the screening that staff
proposed.
Mr. William Shewmake, representing the applicant, stated that
he feels the landscaping proposed for the northern side of the
development which abuts intensive C-5 uses is more suitable
than a wall, and requested the Board's approval of the
development as proposed by the applicant.
No one came forward to speak to the request.
Mr. Warren stated that he feels the proffered landscaping is
appropriate for the proposed development.
Mr. Warren then made a motion, seconded by Mr. McHale, for the
Board to approve Case 01SN0274 and accept the proffered
condition.
Mrs. Humphrey stated that she feels the landscaping will be a
nice addition to the area.
Mrs. Humphrey then called for a vote on the motion of Mr.
Warren, seconded by Mr. McHale, for the Board to approve Case
01SN0274 and accept the following proffered condition:
To the extent that County ordinance does not require screening
along the adjacent properties to the north of the property, a
vinyl-coated chain link fence shall be located between the
self-storage facilities and adjacent properties to the north of
the property. Further, landscaping shall be located and spaced
between the self-storage facilities and the adjacent properties
to the north to provide visual breaks to the length of fence.
The exact treatment of the landscaping shall be approved by the
Planning Department at the time of site plan review. (P)
(Staff Note: This Proffered Condition supersedes Proffered
Condition 1 of Case 00SN0123.)
01-931
11/28/01
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
In Dale Magisterial District, PYRAMID SITE ACQUISITION SERVICES
requested Conditional Use Planned Development and amendment of
zoning district map to permit a communications tower with
height exception 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 residential use of 1 - 5 acre lots.
This request lies on 49.0 acres fronting approximately 375 feet
on the north line of Woodpecker Road, approximately 2,250 feet
west of Nash Road. Tax ID 755-648-7904 (Sheet 33).
Mr. Jacobson presented a summary of Case 02SN0115 and stated
that the Planning Commission and staff recommend approval
subject to conditions. He noted that the request conforms to
the siting criteria for towers and provides an appropriate
transition to the existing and future residential in the area.
Mr. Steve Romine, representing the applicant, stated that the
recommendation is acceptable. He introduced Mr. Sebastian
Rice, Site Acquisition Specialist with Sprint PCS, who was
present at the meeting.
No one came forward to speak to the request.
After brief discussion, Mr. Miller made a motion for the Board
to approve Case 02SN0115 subject to conditions.
Mrs. Humphrey seconded the motion. She stated that the tower
will provide a critical need for residents who travel the
Woodpecker Road corridor.
Mrs. Humphrey then called for a vote on the motion of Mr.
Miller, seconded by Mrs. Humphrey, for the Board to approve
Case 02SN0115 subject to the following conditions:
There shall be no signs permitted to identify this use.
(p)
o
The base of the tower shall be enclosed by a minimum six
(6) foot high fence, designed to preclude trespassing. A
detailed plan depicting this requirement shall be
submitted to the Planning Department for approval. (P)
The tower and equipment shall be designed and installed so
as not to interfere with the County Communications System.
At the time of site plan review or prior to release of a
building permit, whichever occurs first, the
owner/developer shall submit information as deemed
necessary by the Chesterfield County Communications and
Electronics staff to determine if an engineering study
should be performed to analyze the possibility of radio
frequency interference with the County system, based upon
tower location and height and upon the frequencies and
effective radiated power generated by tower-mounted
equipment. Prior to release of a building permit, the
study, if required, shall be submitted to, and approved
by, the Chesterfield County Communications and Electronics
staff. (GS)
The developer shall be responsible for correcting any
frequency problems which affect the County Communications
System caused by this use. Such corrections shall be made
immediately upon notification by the Chesterfield County
11/28/01
01-932
Communications and Electronics staff. (GS)
The color 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.
b. The tower shall not be lighted.
c. The tower shall be of a monopole design. (P)
o
Any building or mechanical equipment shall comply with
Sections 19-570 (b) and (c) and 19-595 of the Zoning
Ordinance relative to screening of mechanical equipment
and architectural treatment of building exteriors. (P)
(NOTE: Section 19-570 (b) and (c) would require the
screening of mechanical equipment and junction and
accessory boxes located on the building or ground from
adjacent properties and public rights of way. Screening
would not be required for the tower or tower-mounted
equipment.)
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)
A minimum 100 foot buffer shall be maintained around the
perimeter of the tower site. Except for access and
utilities which may be extended generally perpendicular
through this buffer, existing healthy trees within this
buffer having a minimum caliper of 2.5 inches shall be
maintained. These trees shall be supplemented where
necessary to minimize the views of the tower and
associated equipment from adjacent properties and public
rights of way. Additional plantings shall consist of
species of trees having an average minimum mature crown
spread of greater than thirty (30) feet and a minimum
caliper of 2.5 inches at the time of planting, to achieve
a minimum density of one (1) tree for each 300 square feet
of cleared area. In conjunction with site plan
submission, or prior to the release of a building permit,
whichever occurs first, a landscaping plan depicting this
requirement shall be submitted to the Planning Department
for review and approval. (P)
In conjunction with the approval of this request, a forty-
nine (49) foot exception to the 150 foot height limitation
for a communications tower shall be granted. (P)
10.
The tower and tower compound shall be located generally as
depicted on the plans entitled ~'Sprint PCS Comprehensive
Site Plan - Site ID No. R154XC167B - Woodland Pond", last
revised August 17, 2001, drawn by Matrix Engineering. (P)
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
01-933
il/28/01
In Matoaca Magisterial District, WILSON PROPERTIES OF VA, LLC
requested rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12). Residential use of up
to 3.63 units per acre is permitted in a Residential (R-12)
District. The Comprehensive Plan suggests the property is
appropriate for residential use of 1.01 to 2.5 units per acre.
This request lies on 42.4 acres fronting approximately 520 feet
on the east line of Hampton Avenue, approximately 200 feet
north of Steve Avenue. Tax ID 783-612-2049 (Sheet 45).
Mr. Jacobson presented a summary of Case 028N0125 and stated
that staff recommends approval and acceptance of the proffered
conditions. He noted that the request conforms to the ~D_U~
and Western Area Plan. He further stated that the proffered
conditions do not adequately address impacts in capital
facilities. He stated that the Planning Commission recommends
approval, noting that the proposal represents infill
development and the developer has proffered $6,000 per unit and
also agreed to a minimum dwelling size of 1,200 square feet
except for two story units, which shall have a minimum dwelling
size of 1,800 square feet.
Mr. Don Wilson, representing the applicant, stated that the
recommendation is acceptable.
No one came forward to speak to the request.
Mrs. Humphrey stated that she feels the $6,000 per unit cash
proffer is fair for the area.
Mrs. Humphrey then made a motion, seconded by Mr. McHale, for
the Board to approve Case 02SN0125 and accept the following
proffered conditions:
TimberiDg. 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 install.
(EE)
o
Density. The density of the development shall not exceed
2.5 dwelling units per acre. (P)
o
Cash Proffer. For each dwelling unit developed, the
developer, applicant, subdivider, or assignee(s) shall pay
$6,000 per unit to the County of Chesterfield, prior to
the time of issuance of a building permit for that
dwelling unit if paid prior to July 1, 2002. Thereafter,
the $6,000 per dwelling unit shall be adjusted upward by
any increase in the Marshall and Swift Building Cost Index
between July 1, 2001 and July 1 of the fiscal year in
which the payment is made if paid after June 30, 2002. If
any of the cash proffers are not expended for the purposes
designated by the Capital Improvement Program with fifteen
(15) years from the date of payment, they shall be
returned in full to the payor. Should Chesterfield County
impose impact fees at any time during the life of the
development that are applicable to the Property, the
amount paid in cash proffers shall be in lieu of or
credited toward, but not in addition to, any impact fees
in a manner as determined by the County. (B & M)
11/28/01
01-934
Dwelling Size· Dwelling units shall have a minimum gross
floor area of 1200 square feet except for two (2) story
units, which shall have a minimum gross floor area of 1800
square feet. (BI)
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
02SN0140
In Dale Magisterial District, THE G. H. COGBILL LIMITED COMPANY
requested rezoning and amendment of zoning district map from
Agricultural (A) to Community Business (C-3) . The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for community mixed use. This request
lies on 2.6 acres fronting approximately 385 feet on the south
line of Iron Bridge Road, approximately 600 feet west of Beach
Road. Tax ID 769-661-Part of 5718 (Sheet 25).
Ms. Rogers presented a summary of Case 02SN0140 and stated that
staff recommends denial because the application fails to
adequately address transportation concerns. She further stated
that staff expressed concerns that because the subject property
is not being zoned as a part of the original project, the
proposed development would not be subject to the architectural
and sign restrictions of the outparcels typically found in
shopping centers. She stated that the Planning Commission
recommends approval and acceptance of the proffered conditions,
indicating that, in their opinion, the existing turn lanes that
have been constructed as part of the shopping center adequately
address turning movements into the proposed development.
Mrs. Humphrey expressed concerns relative to compatibility of
the architectural standards of the proposed development with
area development.
Ms. Rogers stated that staff has indicated the architectural
standards proffered are in substantial conformance with area
development, although they do not include dormers or chimneys.
She further stated the sign for the proposed development would
be limited to 50 square feet, 15 feet high, as opposed to 20
square feet, 8 feet high for other developments within the
shopping center.
When asked, Mr. McCracken stated that the existing turn lane
could be used for the proposed development.
Mr. Ramona Sein, representing the applicant, stated that the
Planning Commission's recommendation is acceptable.
Mr. W. S. Carnes assured the Board that the architecture of the
proposed development would be compatible with area development.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Miller stated that he feels 'the architecture of the
proposed development will be equal to~, or better than, existing
developments in the shopping center.
Mr. Miller then made a motion, seconded by Mrs. Humphrey, for
the Board to approve Case 02SN0140 and accept the following
proffered conditions:
The property owner and the developer (the "Developer") in this
zoning case, pursuant to Section 15.2-2298 of the Code of
il/28/0i
01-935
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 GPIN/Tax Identification Number 769-661-5718
(Part) (the "Property") under consideration will be developed
according to the following conditions if, and only if, the
rezoning request for C-3 is granted. In the event the request
is denied or approved with conditions not agreed to by the
Developer, the proffers and conditions shall immediately be
null and void and have no further force or effect. If the
zoning is granted, these proffers and conditions will supersede
all proffers and conditions now existing on the Property.
1. Utilities.
used. (U)
Public water and wastewater systems shall be
o
Uses. Except as qualified herein, uses permitted shall be
those uses permitted by-right and those permitted with
restrictions in the C-3 District except the following uses
shall not be permitted:
i. multi-family housing;
ii. townhouses;
iii. cocktail lounges, but not
restaurants or cafeterias;
including
sit-down
[NOTE: The purpose of this proffer is to restrict
uses that primarily sell on-premises alcoholic
beverages; however, restaurants with accessory sale
of alcoholic beverage are not intended to be
included in this restriction.]
iv. pool halls;
v. pawn shops; and
vi. second hand shops. (P)
o
P_~. Prior to any site plan approval, sixty (60)
feet of right-of-way, on the south side of Iron Bridge
Road/Route 10 ("Route 10") measured from the centerline of
Route 10 immediately adjacent to the Property shall be
dedicated free and unrestricted, to and for the benefit of
Chesterfield County. (T)
o
Transportation. No direct access shall be provided from
the Property to Ironbridge Road (Route 10). (T)
o
Architecture. The development on the Property shall have
architectural styling similar to the structure depicted in
the elevation prepared by Douglas Bollinger & Associates,
Inc. dated September 16, 2001 and attached as ~.
Brick and slate or slate-like roofing materials shall be
the primary materials used on the structure shown in the
elevation. (p)
The unenforceability, illegality, elimination, revision or
amendment of any proffer set forth herein, in whole or in
part, shall not affect the validity or enforceability of
the other proffers or the unaffected part of any such
proffers. (p)
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
Mrs. Humphrey requested a five minute recess.
11/28/01
01-936
Reconvening:
16. PUBLIC HEARINGS
16.A. TO CONSIDER FY2003 ENHANCEMEFr PROJECTS
Mr. Stith stated that this date and 'time has been advertised
for a public hearing to consider FY2003 Enhancement Projects.
No one came forward to speak to the issue.
On motion of Mr. Warren, seconded by Mr. McHale, the Board
approved the proposed FY2003 Enhancement Projects list of
priority projects, and authorized staff to forward the list to
the Richmond and Tri-Cities Metropolitan Planning Organizations
for approval.
And, further, the Board adopted the following resolution:
WHEREAS, in accordance with the Commonwealth
Transportation Board (CTB) construction allocation procedures,
it is necessary that the local governing body request, by
resolution, approval of a proposed enhancement project.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Chesterfield County requests the CTB establish
a project for construction of Phase I of the Point of Rocks
Bike Trail project along Enon Church Road from East Hundred
Road (Route 10) to Point of Rocks Park.
BE IT FURTHER RESOLVED that the Board hereby agrees to pay
20 percent of the total estimated cost of $240,000 for
planning, design, right-of-way, and construction of Phase I of
the Point of Rocks Bike Trail Project, and that, if the Board
subsequently elects to unreasonably cancel this project, the
County of Chesterfield hereby agrees that the Virginia
Department of Transportation will be reimbursed for the total
amount of the costs expended by the Department through the date
the Department is notified of such cancellation.
And, further, the Board adopted the following resolution:
WHEREAS, in accordance with the Commonwealth
Transportation Board (CTB) construction allocation procedures,
it is necessary that the local governing body request, by
resolution, approval of a proposed enhancement project.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Chesterfield County requests the CTB establish
a project for the installation of streetlights along Genito
Road from Fox Chase Lane to Watercove Road.
BE IT FURTHER RESOLVED, that the Board hereby agrees to
pay 20 percent of the total estimated cost of $50,000 for
planning, design, right-of-way, and construction of the Genito
Road Streetlight Project, and that, if the Board subsequently
elects to unreasonably cancel this project, the County of
Chesterfield hereby agrees that the Virginia Department of
Transportation will be reimbursed for the total amount of the
costs expended by the Department through the date the
Department is notified of such cancellation.
And, further, the Board adopted the following resolution:
WHEREAS, in accordance with the Commonwealth
Transportation Board (CTB) construction allocation procedures,
it is necessary that the local governing body request, by
resolution, approval of a proposed enhancement project.
11/28/Ol
01-937
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Chesterfield County requests the CTB establish
a project for Phase I of the Cogbill Road Sidewalk Project from
Meadowbrook High School to Meadowdale Branch Library.
BE IT FURTHER RESOLVED, that the Board agrees to pay 20
percent of the total estimated cost of $470,000 for planning,
design, right-of-way, and construction of Phase I of the
Cogbill Road Sidewalk Project from Meadowbrook High School to
Meadowdale Branch Library, and that, if the Board subsequently
elects to unreasonably cancel this project, the County of
Chesterfield hereby agrees that the Virginia Department of
Transportation will be reimbursed for the total amount of the
costs expended by the Department through the date the
Department is notified of such cancellation.
And, further, the Board adopted the following resolution:
WHEREAS, in accordance with the Commonwealth
Transportation Board (CTB) construction allocation procedures,
it is necessary that the local governing body request, by
resolution, approval of a proposed enhancement project.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Chesterfield County requests the CTB establish
a project for Phase III of the Halloway Avenue Sidewalk Project
in the Matoaca Middle/High Schools and Matoaca Park area.
BE IT FURTHER RESOLVED that the Board hereby agrees to pay
20 percent of the total estimated cost of $350,000 for
planning, design, right-of-way, and construction of Phase III
of the Halloway Avenue Sidewalk Project, and that, if the Board
subsequently elects to unreasonably cancel this project, the
County of Chesterfield hereby agrees that the Virginia
Department of Transportation will be reimbursed for the total
amount of the costs expended by the Department through the date
the Department is notified of such cancellation.
And, further, the Board adopted the following resolution:
WHEREAS, in accordance with the Commonwealth
Transportation Board (CTB) construction allocation procedures,
it is necessary that the local governing body request, by
resolution, approval of a proposed enhancement project.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Chesterfield County requests the CTB establish
a project for Phase II of Walton Park Road Sidewalk Project
from Watch Hill Road to North Woolridge Road.
BE IT FURTHER RESOLVED that the Board hereby agrees to pay
20 percent of the total estimated cost of $400,000 for
planning, design, right-of-way, and construction of Phase II of
the Walton Park Road Sidewalk Project, and that, if the Board
subsequently elects to unreasonably cancel this project, the
County of Chesterfield hereby agrees that the Virginia
Department of Transportation will be reimbursed for the total
amount of the costs expended by the Department through the date
the Department is notified of such cancellation.
And, further, the Board designated and approved the transfer
from the FY2002 General Road Improvement appropriation, upon
approval and funding by the Virginia Department of
Transportation (VDOT), the amounts for the local match: Point
of Rocks Bike Trail - $48,000; Genito Road Streetlights -
$10,000; Cogbill Road Sidewalk - $94,000; Halloway Avenue
Sidewalk - $70,000; and Walton Park Road Sidewalk - $80 000
(totaling $302,000). '
01-938
And, further, the Board authorized the County Administrator to
enter into agreements between VDOT/County/consultant/
contractor, for design, right-of-way acquisition, and/or
construction agreements, acceptable to the County Attorney, for
projects approved by VDOT.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
16 .B.
TO CONSIDER THE ADOPTION OF AN ORDINANCE TO AMEND THE
FLOODPLAIN ORDINANCE RELATING TO THE iMPLEMENTATION OF
SWIFT CREEK RESERVOIR WATERSHED MASTER PLAN
Ms. Joan Salvati, Water Quality Administrator, stated that this
date and time has been advertised for a public hearing to
consider the adoption of an ordinance to amend the Floodplain
Ordinance relating to the implementation of the Swift Creek
Reservoir Watershed Master Plan. She further stated that the
proposed amendment establishes ].imitations in certain
designated floodplains in the Swift Creek Reservoir Watershed.
She stated that the pollutant level, that is achieved by the
floodplain areas that would be protected by the proposed
ordinance account for five percent of the pollutant removal
achieved by all of the categories of the BMPs incorporated in
the Swift Creek Reservoir Regional BMP Plan. She reviewed the
basic criteria of the current ordinance including no filling is
permitted in the floodplain for the purposes of establishing a
"buildable" lot; no major modification of the floodplain is
permitted without approval from Environmental Engineering; and
no residential structures are permitted in the floodplains.
She stated that the proposed ordinance would prohibit filling
floodplains and also prohibit clear cutting of trees and
activities that are ancillary to clearing of trees. She
reviewed the two categories of exemptions -- forestry or
silvicultural activities proposed for large lots zoned
Agricultural, and road crossings, sewer lines and similar
activities that typically occur in conjunction with new
development. She noted that the exemptions are the same as
those that exist in the Chesapeake Bay Preservation Ordinance.
She stated that, if the ordinance is not adopted, CH2M Hill,
the County's consultant who developed the regional BMP plan,
has advised staff that the margin of safety built in to the
regional BMP plan in order to achieve the .05 milligrams per
liter in-reservoir phosphorous limit would now be lost. She
further stated that if the County were to construct ponds to
replace the pollutant removal that would be achieved by the
proposed buffer areas, the cost would be up to $2.2 million in
addition to the $35 million cost of the overall regional BMP
plan.
Mr. Miller stated that, because there is no scientific data
that indicates positively that the .05 phosphorous limit would
be compromised, additional BMPs may not be necessary.
Ms. Salvati stated that the consultants felt the margin of
safety was required because projections through modeling of
anticipated pollutant loads could underestimate the actual
loads. She further stated that the benefit of protecting the
stream buffers is that the regional BMP project will require a
wetlands permit from the Corps of Engineers, indicating
proposed ordinance would reduce the overall impact on wetlands.
When asked, Ms. Salvati stated that the proposed ordinance will
strengthen the County's ability to obtain a wetlands permit and
will also reduce the County's expenditures on wetland
mitigation which averages $40,000 to $60,000 per acre. She
01-939
noted that the Real Estate Assessor's office has indicated that
the impact on the assessed value of the floodplain areas would
be minimal. She stated that the Planning Commission
recommended denial indicating they felt that not adopting the
ordinance would not endanger the long-term viability of the
Swift Creek Reservoir, and also that additional BMPs could be
constructed if necessary. She further stated that staff
recommends approval based on the benefit of the wetland impact
reduction, and noted that staff feels the margin of safety
achieved through the use of the proposed buffers is necessary
for the long term viability of the Reservoir.
When asked, Ms. Salvati stated that the proposed ordinance does
exempt the Agricultural homeowner.
Mr. Miller expressed concerns that a landowner who purchased
property in the floodplain area could not erect a fence across
the back of their property.
Discussion, questions and comments ensued relative to the
Planning Commission's recommendation.
When asked, Ms. Salvati stated that data does not exist to
confirm that not adopting the ordinance would result in a
maximum loss of pollutant load removal of 1.25 percent as
indicated in the Planning Commission's response. She further
stated that the floodplain buffer is a means of reducing the
loads coming into the Reservoir.
Mrs. Humphrey questioned whether adoption of the proposed
ordinance would strengthen the County's case as it attempts to
meet the standards of the Chesapeake Bay 2000 Agreements
relative to contaminants in the James River.
Ms. Salvati stated that the proposed ordinance will strengthen
the County's case as a part of a comprehensive watershed plan
that incorporates a variety of BMPs. She noted that a specific
recommendation in the Chesapeake Bay 2000 Agreements is that by
2010, a given percentage of localities in the signatory states
will have adopted watershed plans.
Discussion ensued relative to collection of future data
relative to phosphorous loading levels and changes in water
quality over time.
When asked, Ms. Salvati stated that, if it is determined from
the data collected that an amendment to the Watershed Master
Plan is necessary, staff will make the appropriate
recommendation.
Ms. Diana Parker, representing the Sierra Club, stated that she
supports adoption of the proposed ordinance, indicating that it
is the final phase of protecting the Swift Creek Reservoir.
She presented Mrs. Humphrey with a copy of the Environmental
Protection Agency's watershed analysis of Chesterfield County.
She stated that she feels riparian buffers are the way to
protect the Reservoir and encouraged the Board to adopt the
proposed ordinance.
Discussion ensued relative to partnering with neighbors to
protect the Appomattox Reservoir.
Mr. William Shewmake, a resident of the Midlothian District,
requested a 30-day deferral to allow the Planning Commission
and the development community additional time to study any
additional information that may have been provided since the
Commission's hearing of the issue. He expressed concerns that
developments such as golf courses might not be allowed in the
floodplain area and also expressed concerns relative to safety
01-940
1 /2S/Ol
and health issues that might arise if fencing erection and
vegetation removal is not allowed. He referenced a recent
Supreme Court decision relative to people who have bought
property as part of a larger tract and then made claims for
compensation after being denied uses of the property, and
stated that a 30-day deferral would also allow the County
Attorney time to review the proposed ordinance as it relates to
the recent Supreme Court decision.
Mr. Preston Cooper, Co-Chairman of Hands-Across-the-Lake,
stated that he appreciates the Planning Commission's desire to
protect the rights of landowners, but indicated that he feels
clear cutting is a detriment to both downstream residents and
the County as a whole by increasing the amount of pollution and
the risk of pollution. He further stated that, although BMPs
are the primary filtering mechanism for the watershed plan, he
feels it is better to have more than one line of defense should
the BMPs found to be less effective than predicted. He stated
that it makes good sense to have more than one type of
pollution removal system in the County, and requested that the
Board adopt the ordinance as proposed by the consultant.
Mr. Mike Divita, representing the Brandermill Community
Association, stated that he supports the proposed amendment.
He further stated he feels the issue is as much environmental
as it is business, indicating that business decisions are made
on projections because it is the best possible data. He stated
that he feels the projected margin of error is significant
enough to have a material impact on the Reservoir and requested
that the Board adopt the proposed ordinance.
Mr. Tom Pakurar, a resident of the Clover Hill District and
member of the Watershed Management Committee, urged the Board
to adopt the floodplain amendment and deny the request for a
30-day deferral. He stated that the Board charged the
Watershed Management Committee with providing scientific data
with which to make decisions and noted that the correct
approach for making decisions using scientific data is not to
take assumptions to either extreme, but aim for something in
the middle. He further stated that he feels the proposed
ordinance accomplishes this objective and will also enhance the
County's ability to achieve the Corps of Engineers' approval of
the Watershed Master Plan. He noted that there are no
developers present to speak to the issue, and urged the Board
to adopt the proposed ordinance.
Dr. Betty Hunter-Clapp, member of Hand[s-Across-the-Lake, stated
that forestry filters water naturally and urged the Board to
adopt the proposed ordinance.
There being no one else to speak to the ordinance, the public
hearing was closed.
Mr. Miller expressed concerns that the report from CH2M Hill
was received subsequent to the Planning Commission's
consideration of the ordinance. He also expressed concerns
relative to the proposed ordinance's ~[mpact on property rights.
Mr. Miller then made a motion for the Board to defer
consideration of the ordinance to amend the Floodplain
Ordinance relating to the implementation of the Swift Creek
Reservoir Watershed Master Plan until January 23, 2002.
Due to lack of a second, Mr. Miller's motion failed.
Mr. Miller stated that he feels there is a substantial question
as to whether the efficacy of the proposed ordinance warrants
the risk to the potential property rights of individuals. He
further stated that he feels the Planning Commission made the
01-941
right decision and indicated that he will not support the
ordinance and would hope that the Board would consider the
issue further.
Mr. Warren stated that he will support staff's recommendation
because he feels it is important to continuing the margin of
safety in protection of the Swift Creek Reservoir. He further
stated that he is prepared to move for approval of the proposed
ordinance.
Mr. McHale stated that he respects the Planning Commission's
decision. He further stated that he will reluctantly support
the proposed ordinance because he feels staff and the community
has proven that the proposed ordinance is the best approach
that can be taken at this time.
Mrs. Humphrey stated that proposed ordinance is another tool to
ensure that County homeowners will have clean water in 20
years.
Discussion ensued relative to the process for exceptions to
allow for zoning of golf courses in floodplain areas.
Mrs. Humphrey stated that she will support the proposed
ordinance. She expressed concerns that the other rural
localities that feed into the Appomattox Basin will not prepare
for the future, and indicated that she feels adoption of the
proposed ordinance will ensure that the County has adequately
prepared for the requirements of the Chesapeake Bay Act by
2010. She stated that she will second Mr. Warren's motion.
Mr. Warren then made a motion, seconded by Mrs. Humphrey, 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 19-58 AND 19-60 RELATING TO
REGULATION OF THE 100-YEAR FLOOD PLAINS IN THE RIPARIAN
CORRIDOR MANAGEMENT AREAS
BE IT ORDAINED by the Board of Supervisors of
Chesterfield County:
(1)
That Sections 19-58 and 19-60 of the Code of the
County of Chesterfield, 1997, as amended, are
amended and re-enacted to read as follows:
Sec. 19-58.
Flood Plain Regulations.
o o o
(e)
100-year flood plains designated as Riparian
Corridor Management Areas.
(i)
The following shall be prohibited within
the 100-year flood plains adjacent to
those intermittent streams designated in
the Swift Creek Reservoir Watershed Master
Plan as Riparian Corridor Management
Areas, (Non-RPA) :
a o
Clear cutting or thinning of trees;
Removal of tree stumps;
Clearing of vegetation;
Filling;
Grading;
Placement of fences or other appurtenant
structures.
11/28/0i
01-942
(2)
The following actions are exempt from the
prohibitions outlined above:
Construction, installation, operation and
maintenance of .electric, gas, cable and
telephone transmission lines, railroads
and public roads and their appurtenant
structures if conducted in accordance with
the Erosion and Sediment Control Law, Code
of Virginia, §§ 10.1-560--10.1-571, or an
erosion and sediment control plan approved
by the Virginia Soil and Water
Conservation Board.
Construction, installation and maintenance
of water, sewer and local gas lines,
provided that:
To the degree possible, the location
of such utilities and facilities
should be outside 100 year flood
plain.
No more land than necessary shall be
disturbed to provide for the desired
utility installation.
o
Ail construction, installation and
maintenance of such utilities and
facilities shall be in compliance
with any applicable federal, state
and local requirements and permits
and design~ed and conducted in a
manner that protects water quality.
Any land disturbance exceeding an
area of 2,500 square feet shall
comply with all erosion and sediment
control requirements of chapter 8 and
this division.
Silvicultural activities on lands in any
Agricultural District provided that such
activities adhere to water quality
protection procedures prescribed by the
department of forestry in its "Best
Management Practices Handbook for Forestry
Operations," as amended.
d. Construction of the following:
1. Water wells;
2. Boardwalks, trails, pathways; and
Historic preservation and
archaeological activities; provided
that the director of environmental
engineering finds that:
Any required permits, except
those to which this exemption
specifically applies, shall have
been issued;
Sufficient and reasonable proof
is submitted that the intended
use shall not deteriorate water
quality;
11/28/01
01-943
C o
The intended use does not
conflict with nearby planned or
approved uses; and
Any land disturbance exceeding
an area of 2,500 square feet
shall comply with all erosion
and sediment control
requirements of chapter 8 of
this division.
o o o
Sec. 19-60.
Factors to be considered in granting building
permits, variances and modifications to
development standards or requirements.
(a) In considering (1) applications for development in
the floodway, floodway fringe districts, and 100-year flood
plains designated as Riparian Corridor Management Areas,
including consideration of exceptions from the requirements of
this division, or (2) variances; or (3) modification to
development standards or requirements, the director of
environmental engineering, board of zoning appeals or planning
commission shall consider the following factors:
o o o
(e) A record of the above notification, as well as all
exception, variance and modification to development standards
or requirements actions, including justification for their
issuance, shall be maintained by the director of environmental
engineering. Exceptions and variance approvals shall be noted
in the annual report submitted to the county administrator.
(2) That this ordinance
immediately upon adoption.
shall become effective
Ayes: Humphrey, McHale and Warren.
Nays: Miller.
Absent: Barber.
Mr. Warren recognized Mr. John Hughes who has present at the
meeting and congratulated him on his election as President of
the Virginia Chapter of the Community Association Institute.
16 .C.
TO CONSIDER A PROPOSED CHARTER AM~NDMFNT REGARDIN~
SUBSTANTIAL ACCORD REVIEW OF PUBLIC FACILITIES
Mr. Micas stated that this date and time has been advertised
for a public hearing to consider a proposed Charter Amendment
which will exempt all public use projects from substantial
accord review in those cases when the use is also approved by
the Board of Supervisors after a public hearing. He further
stated that the Charter Amendment must be approved by the Board
prior to submission to the General Assembly.
No one came forward to speak to the issue.
When asked, Mr. Micas stated that one public hearing will still
be held for all public use projects, but the Charter amendment
eliminates the necessity of a second public hearing for
substantial accord review.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved the following ordinance:
11/28/01
01-944
AN ORDINANCE TO AMEND THE CODE OF THE
COUNTY OF CHESTERFIEI,D, 1997, AS AMENDED BY
AMENDING AND RE-ENACTING CHAPTER 7,
SECTION 7.6 OF THE COUNTY CHARTER
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Chapter Seven, Section 7.6 of the Charter of the
Code of the County of Chesterfi~l,~, 1997, as amended, is
amended and re-enacted to read as follows:
7.6. Substantial accord review of public facilities.
Any public area, facility or use, as defined by
§15.2-2232 of the Code of Virginia, which has been
approved by the board of supervisors following a
public hearing held pursuant to the county's zoning
ordinance shall be exempt from the requirement for
submittal to and approval by the county's planning
commission or governing body under §15.2-2232 of the
Code of Virginia, so long as such public area,
facility or use remains subject to the requirements
of the zoning ordinance.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
17. REMAINING MOBILE HOME PERMITS AND ZONING REOUESTS
There were no remaining mobile home permits or zoning requests
at this time.
18. ADJOURNMENT
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
adjourned at 9:43 p.m. until December 19, 2001 at 3:00 p.m.
Ayes: Humphrey, Miller, McHale and Warren.
Nays: None.
Absent: Barber.
County'Admin~str~a or
~-~nny~Bu s h Humphrey
Cha i rman
01-945