11-22-2005 Minutes
BOARD OF SUPERViSORS
MiNUTES
November 22, 2005
Supervisors in Attendance:
Mr. Edward B. Barber, Chairman
Mr. R. M. "Dickie" King, Jr.,
Vice Chairman
Mrs. Renny Bush Humphrey
Mr. Kelly E. Miller
Mr. Arthur S. Warren
Mr. Lane B. Ramsey
County Administrator
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Staff in Attendance:
Colonel Carl R. Baker,
Police Department
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Mr. Craig Bryant, Dir.,
Utilities
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Richard Cordle,
Treasurer
Mr. Charles Dane, Asst.
Dir., External Services
Mr. Jonathan Davis,
Real Estate Assessor
Ms. Rebecca Dickson, Dir.,
Budget and Management
Mr. James Dunn, Int. Dir.,
Economic Development
Mr. William Dupler,
Building Official
Mr. Robert Eanes, Asst. to
the County Administrator
Ms. Lisa Elko, CMC,
Clerk
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Lawrence Haake, III,
Registrar
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Joseph A. Horbal,
Commissioner of Revenue
Mr. Thomas E. Jacobson,
Dir. of Revitalization
Mr. Louis Lassiter, Dir.,
Internal Audit
Ms. Mary Lou Lyle, Dir.,
Accounting
Mr. Michael Mabe, Dir.,
Libraries
Chief Paul Mauger,
Fire and EMS Dept.
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
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Mr. Francis Pitaro, Dir.,
General Services
Ms. Karen Russell, Dir.,
Risk Management
Ms. Chris Ruth, Asst. Dir.,
Public Affairs
Mr. Dean Sasek, Asst.
Right-of-Way Manager
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Kirk Turner, Dir.,
Planning
Mr. Barber called the regularly scheduled meet.ing to order at.
4:06 p.m.
1. APPROVAL OF MINUTES FOR NOVEMBER 9, 2005
On motion of Mr. King, seconded by Mr. Barber, 'the Board
approved the minutes of November 9, 2005, as submitted.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
2. COUNTY ADMiNiSTRATOR' S COMMENTS
2 .A. CHESTERFiELD SENiOR VOLUNTEER HALL OF FAME RECOGNiTiON
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Mr. Ramsey introduced Ms. Gail Sutler, Chesterfield Senior
Volunteer Hall of Fame Committee Chair.
Ms. Sutler recognized Mrs. Viola H. Clark, the late Mrs.
Jeanne M. Harrison and Mr. John C. Phillips who werE~ inducted
as members of the Chesterfield Senior Volunteer Hall of Fame
on October 27, 2005. She thanked the Board for its support
of the Hall of Fame.
Mr. Phillips expressed appreciation to the Volunteer Hall of
Fame Committee for the honor.
Mr. Richard Harrison thanked the Board, on behalf of his
wife, for recognizing her service.
(It is noted Mrs. Clark was unable to attend the mE~eting due
to illness.)
2. B. COMPREHENSiVE ANNUAL F:INANC:IAL REPORT PRESENTAT:ION
Mr. Ramsey introduced Ms. Elizabeth Foster,
partner from KPMG, LLP.
Emgagement
Ms. Foster stated the FY2005 audit is officially complete,
and all opinions issued were unqualified. She further stated
the audit of federal funds revealed two exceptions which have
been reported, but they are not believed to be of great
concern.
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Mr. Miller thanked Ms. Foster for her efforts in the auditing
process. He expressed appreciation to Accounting and
Internal Audit staff for their diligence throughout the year
that enables the county to receive favorable audit reports.
He stated a formal charter has been discussed outlining the
roles and responsibilities of the Budget and Audit Committee,
and staff has been directed to develop a draft charter for
the Board's consideration at its organizational meeting on
January 11, 2006.
Mr. Ramsey commended all staff involved in the audit process
for outstanding performance.
3 . BOARD COlOliTTEE REPORTS
Mr. Miller stated he appeared before the Special Study
Commission of the General Assembly relating to group homes on
November 17, 2005 and presented the county's concerns. He
further stated 50 percent of all youth group homes in the
state are located in the Richmond Metropolitan area; 2S to 30
percent of them are in Chesterfield County; and 15 percent of
all the group homes in the state are located in the Dale
District. He expressed concerns relative to the impact the
group homes have on the county's schools, police and other
services.
Mr. King stated he, Mr. Barber and Mr. Miller were present at
the November 14, 2005 announcement of Northrop Grumman
locating in the county at the Meadowville Technology Park.
He further stated the facility will employ over 600 people,
and he believes it is the spark that will ignite growth in
the Meadowville Tract.
Mrs. Humphrey stated she is pleased to have attended all
three of the Little League Football championship games in the
county. She further stated several youth groups associated
with the Chesterfield Quarterback League collected donations
and will be sending 50 new football helmets to Louisiana for
Hurricane Katrina victims. She requested that a resolution
be presented commending their efforts.
Mr. King noted that Matoaca, Meadowbrook and L.C. Bird High
football teams are all in the regional playoffs. He
congratulated each of the schools on an excellent season.
4. REQUESTS TO POSTPONE ACTiON, ADD:ITIONS, OR CHANGES iN THE
ORDER OF PRESENTAT:ION
On motion of Mr. Miller, seconded by Mr. King, the Board
replaced Item S.B.7., Approval of a Wetlands Mitigation
Agreement with Graycole, LLC for the Airport Ramp Extension
Project; added Item S.B.S.a., Transfer of District
Improvement Funds from the Bermuda District Improvement Fund
to the Parks and Recreation Department to Purchase Supplies
to Replace an Observation Deck that was Destroyed by
Hurricane Isabel with a Handicapped Accessible Observation
Deck at Chester Station Camp #1503, a Historic Civil War
Site; added Item S.B.S.b., Transfer of District Improvement
Funds from the Bermuda District Improvement Fund to the
Police Department for traffic control during the Chester
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Kiwanis Club's Christmas Parade; added Item 8.B.8.c.,
Transfer of District Improvement Funds from the Midlothian
District Improvement Fund to the Chesterfield County
Department of Public Affairs to Purchase a Two-Sided Banner
to Promote the Selection of the Village of Midlothian and the
Surrounding Area as the "37th Best Place to Live in America";
added Item 8.B.9., Amend the Parcel Listing for the Board of
Supervisors Initiated Rezoning of the 288 Corridor Included
in the Agenda Item of May 25, 2005 and the Subsequent Items
on August 24, 2005 and October 26, 2005; replaced Item 10.B.,
Report on the Status of General Fund Balance, Reserve for
Future Capital Projects, District Improvement Funds and Lease
Purchases; added Item 10. D. , Closed Session Pursuant to
Section 2.2-3711 (A) (7), Code of Virginia, 1950, as Amended,
for Consultation With Legal Counsel on Specific Legal Matters
Regarding a Sewer Back-Up Claim in Creekwood Subdivision; and
adopted the budget as amended.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
5. RESOLUTiONS AND SPECIAL RECOGNiTiONS
o RECOGNiZ:ING HR. ROBERT OLSEN AND HR. WOLFGANG WEBNER FOR
THEIR SERV:ICE TO THE BOARD OF BUiLDiNG CODE APPEALS AND
THE COUN'l'Y
Mr. Dupler introduced Mr. Robert Olsen who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Board of Building Code
Appeals was established in 1973 by the Board of Supervisors
for the purpose of hearing appeals regarding the proper
application of provisions of the Virginia Uniform Statewide
Building Code, and subsequently expanded to include appeals
regarding proper application of the Virginia State!wide Fire
Prevention Code; and
WHEREAS, the Board resolved numerous appeals cases
providing those aggrieved an opportunity for dwe process
regarding the application of the Virginia Uniform Statewide
Building Code and the Virginia Statewide Fire Prevention
Code; and
WHEREAS, Mr. Robert Olsen and Mr. Wolfgang Webner were
appointed as members of the Board of Building Code }~ppeals in
August of 1993, and have continuously served the citizens of
Chesterfield with distinction since their appointment; and
WHEREAS, Mr. Olsen served as Chairperson of the Board of
Building Code Appeals and worked wi th the secretariat to
schedule appeals cases, provided leadership to the Board of
Building Code Appeals and brought forth policy
recommendations to the Board of Supervisors from the Board of
Bui lding Cod.e Appeals; and
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WHEREAS, both Mr. Olsen and Mr. Webner also served with
distinction on the Commission on Soils and Foundations, which
was established to investigate problem soils and make
recommendations to the Board of Supervisors regarding
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practical approaches to assist homeowners improve
construction and inspection of footings/ foundations; and
WHEREAS, the
development of the
was implemented to
and
Commission's recommendations led to
Shrink Swell Soil Assistance Program that
assist homeowners throughout the county;
WHEREAS, Mr. Olsen and Mr. Webner have contributed
greatly to the Chesterfield community by lending their
expertise in construction, as well as their time, energies,
and talents to the benefit of the citizenry of the county.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of November 2005,
publicly recognizes and commends Mr. Robert Olsen and Mr.
Wolfgang Webner for their dedicated and outstanding service
to the citizens of Chesterfield County.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Olsen and Mr. Webner and that
this resolution be permanently recorded among the papers of
this Board of Supervisors of Chesterfield County, Virginia.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
Mr. Barber presented the executed resolution to Mr. Olsen and
expressed appreciation for the expertise he provided as a
member of the Board of Building Code Appeals.
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Mr. Olsen expressed appreciation to various members of staff
for their assistance during his tenure on the Board of
Building Code Appeals, and to members of his family for their
support of his service as well as the community service that
they provide.
(It is noted Mr. Olsen also accepted Mr. Webner's resolution,
as he was unable to attend the meeting.)
6 . WORK SESSiON
o COMMiTTEE ON THE FUTURE'S 2005 REPORT ON GREEN
iNFRASTRUCTURE
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Mr. Ed DeGennaro, Chairman of the Committee on the Future,
recognized members of the committee who were present at the
meeting. He then presented the Board with highlights of the
committee's current report titled "Green Infrastructure:
Protecting Resources for Future Generations," which focuses
on open space, natural resources and historic sites. He
provided data and information that has led to a growing
concern for losses of open space, natural resources and
heritage sites and reviewed actions that have been generated
to address these losses. He stated the committee believes
the most important thing for the county over the next 50
years is to develop and implement a green infrastructure plan
and incorporate it into the county's strategic plan. He
requested that the Board endorse the concept of a green
infrastructure plan and provided suggestions for overcoming
the obstacles of providing a green infrastructure plan. He
stated a properly created plan will provide economic,
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environmental and societal benefits. He further stated the
Committee on the Future's recommendations include
communicating the vision, developing a green infrastructure
plan, and committing the necessary resources.
Mr. Warren expressed concerns relative to information
provided by Mr. DeGennaro indicating that the water quality
was fair or poor at 60 percent of the sites tested in the
Falling Creek and powhite watersheds.
Mr. Miller stated he supports the green infrastructure
concept and believes it is just as important as the county's
economic development plan.
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Mr. King stated he agrees that green infrastructure is not
just an environmental issue, but an economic issue as well,
indicating that he supports the Committee on the Future's
recommendati.ons.
Mrs. HumphrE~Y stated she just recently became aware that the
county does not have a list of its historical sites and
requested that Mr. Ramsey direct staff to complete the list.
Mr. Barber stated the next step is for Mr. Ramsey to get
feedback from staff regarding the report and then provide the
Board with details of how to implement the Committ.~e on the
Future' s rE~commendations. He thanked Mr. DeGennaro and
members of the committee for their dedication to the future
of the county.
Mr. Miller E~xcused himself from the meeting.
7 . DBFBRREJ) iTEMS
There were no deferred items at thi.s time.
8. NEW BUSINESS
8 . A. APPOiNTMENTS
On motion of MrS. Humphrey, seconded by Mr. King, the Board
suspended its rules at this time to allow :for simultaneous
nomination/appointment of members to serve on the Disability
Services Board and the Agriculture and Forestry Committee.
Ayes: Barber, King, Humphrey and Warren.
Nays : Non.~ .
Absent: Miller.
8.A.1. DiSABiLITY SERViCES BOARD
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
repositioned Reverend Charles Jackson from a Matoaca District
representative to an at-large representative of the
Disability Services Board due to his recent address change,
whose current term expires December 31, 2005.
Ayes: Barber, King, Humphrey and Warren.
Nays: Nonie.
Absent: Miller.
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8.A.2. AGR~CULTURE AND FORESTRY COMMiTTEE
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On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
simultaneously nominated/appointed Mr. Tscharner (T.D.)
Watkins, III, representing the Midlothian District, to serve
on the Agriculture and Forestry Committee, whose term is
effective immediately and expires December 31, 2006.
Ayes: Barber, King, Humphrey and Warren.
Nays: None.
Absent: Miller.
8 . B. CONSENT iTEMS
8 . B .1. SET PUBLiC HEARiNG DATES
8. B .1. a. TO CONSiDER AN ORDiNANCE TO AMEND THE NAME OP THE
~NDUSTRiAL DEVELOPMENT AUTHOR~TY OF CHESTERF:IELD
COUNTY TO THE ECONOMiC DEVELOPMENT AUTHORiTY
OF CHESTERF:IELD COUNTY
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
set the date of December 14, 2005 at 7:00 p.m. for a public
hearing for the Board to consider an ordinance to amend the
name of the Industrial Development Authority of Chesterfield
County to the Economic Development Authority of Chesterfield
County.
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Ayes: Barber, King, Humphrey and Warren.
Nays: None.
Absent: Miller.
8.B.l.b. TO CONSIDER THE RESTRiCT:ION OF THROUGH TRUCK
TRAFFiC ON BELLBROOK DR:IVE
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
set the date of December 14, 2005 at 7:00 p.m. for a public
hearing for the Board to consider the restriction of through
truck traffic on Bellbrook Drive from Conifer Road to Hopkins
Road.
Ayes: Barber, King, Humphrey and Warren.
Nays: None.
Absent: Miller.
8.B.2. STATE ROAD ACCEPTANCE
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On motion of Mrs. Humphrey, seconded by Mr. Barber, 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
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Street Req~irements
Transportation.
of
the
Virginia
Department
of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described bEÜow to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's, Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Tvoe ChanGe to the Secondary SYStem of State Hlahwavs:
Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference:
§33.1·229
ProJect:
Meadowbrook Farm, Section H
·
Ironstclne Drive, State Route Number: 5928
From:
Cogbill Ad" (At. 638)
To:
Wimbly Wy" (At. 5929), a distance of: 0,22 miles.
Aight-of-way record was filed on 6128/2002 with the Office Of Clerk To Circuit Court in Pb. 1:27, Pg, 31,
with a width of 55 feet
· Ironsteme Drive, State Route Number: 5928
From: 'Nimbly Wy., (At. 5929)
To: om mile N of Wimbly Wy" (At. 5929), (Temp, EOM), a distance of: 0,01 miles,
Aight-of-way record was filed on 6128/2002 with the Office Of Clerk To Circuit Court in Pb, 127, Pg, 31,
with a width of 55 feet
· Wlmbly Way, State Route Number: 5929
From: Ironstone Dr., (At. 5928)
To: 8amwood Dr., (At. 5930), a distance of: 0,05 miles.
Aight-of-way record W8.S filed on 6128/2002 with the Office Of Clerk To Circuit Court in Pb. 127, Pg. 31,
with a width of 50 feet
· Bamwood Drive, State Route Number: 5930
From: Wimbly Wy" (At. 5929)
To: 0.02 mile S of Wimbly Wy" (At. 5929), (Temp. EOM), a distance of: 0,02 miles,
Aight-of-way record was filed on 6128/2002 with the Office Of Clerk To Circuit Court in Pb. 127, Pg. 31,
with a width of 44 feet
· Bamwood Drive, State Route Number: 5930
From: Wimbly Wy., (At. 5929)
To: Bamwood Tn., (At. 5931), a distance of: 0,06 miles,
Aight-of-way record W~IS filed on 6128/2002 with the Office Of Clerk To Circuit Court in Pb. 127, Pg. 31,
with a width of 50 feet
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·
Barnwood Turn, State Route Number: 5931
From: Bamwood Dr., (Rt. 5930)
To: Cul-de-sac, a distance of: 0.03 miles.
Right-of-way record was filed on 6128/2002 with the Office Of Clerk To Circuit Court in Pb, 127, Pg. 31,
with a width of 44 feet
·
Barnwood Drive, State Route Number: 5930
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From: Barnwood Tn., (Rt. 5931)
To: Barnwood Tr., (Rt. 5932), a distance of: 0.07 miles,
Right-of-way record was filed on 6128/2002 with the Office Of Clerk To Circuit Court in Pb. 127, Pg. 31,
with a width of 50 feet
·
Barnwood Terrace, State Route Number: 5932
From: Barnwood Dr., (Rt. 5930)
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 6128/2002 with the Office Of Clerk To Circuit Court in Pb. 127, Pg. 31,
with a width of 44 feet
·
Barnwood Drive, State Route Number: 5930
From: Barnwood Tr., (Rt. 5932)
To: Ironhorse Rd., (Rt. 5933), a distance of: 0.06 miles.
Right-of-way record was filed on 6128/2002 with the Office Of Clerk To Circuit Court in Pb. 127, Pg. 31,
with a width of 44 feet
· Ironhorse Road, State Route Number: 5933
From: Barnwood Dr., (Rt. 5930)
To: Cul-de-sac, a distance of: 0.04 miles,
Right-of-way record was filed on 6128/2002 with the Office Of Clerk To Circuit Court in Pb. 127, Pg. 31,
with a width of 44 feet
· Barnwood Drive, State Route Number: 5930
From: Ironhorse Rd., (Rt. 5933)
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 6/28/2002 with the Office Of Clerk To Circuit Court in Pb. 127, Pg, 31,
with a width of 44 feet
·
Ironhorse Road, State Route Number: 5933
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From: Barnwood Dr., (Rt. 5930)
To: Backwater Dr., (Rt. 5934), a distance of: 0.05 miles,
Right-of-way record was filed on 6128/2002 with the Office Of Clerk To Circuit Court in Pb. 127, Pg. 31,
with a width of 50 feet
· Backwater Drive, State Route Number: 5934
From: Ironhorse Rd., (Rt. 5933)
To: 0.02 mile N of Ironhorse Rd., (Rt. 5933), (Temp. EOM), a distance of: 0.02 miles.
Right-of-way record was filed on 6128/2002 with the Office Of Clerk To Circuit Court in Pb, 127, Pg. 31,
with a width of 50 feet
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· Ironhorse Road, State Route Number: 5933
From: Backwater Dr., (Rt. 5934)
To: 0,06 mile E of Backwater Dr" (Rt. 5934), (Temp. EOM), a distance of: 0.06 miles,
Right-of-way record was filed on 6/2812002 with the Office Of Clerk To Circuit Court in Pb, 1:27, Pg. 31,
with a width of 50 feet
Ayes: Barber, King, Humphrey and Warren.
Nays : Non~= .
Absent: Miller.
8. B. 3. APPROPRiATiON OF FUNDS AND AUTHORiZATiON FOR COUNTY
ADMINiSTRATOR TO AMEND THE CONTRACT WiTH ELECTION
SYSTEMS AND SOFTWARE (ES&S) FOR ADDITIONAL OPTICAL
SCAN VOTING EQUIPMENT, AUTOHA.RR, IN ORDER TO COMPLY
WiTH THE HELP AMERiCA VOTE ACT OF 2002
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
authorized the County Administrator to appropriate $350,000
and amend the existing contract with Election Systems and
Software, Incorporated for the purchase of additional optical
scan voting equipment approved by the State Board of
Elections, which will bring the county into compliance with
the Help Am,erica Vote Act.
Ayes: Barber, King, Humphrey and Warren.
Nays: None.
Absent: Miller.
8.B.4. ACCEPTANCE OF PARCELS OF LAND
8. B. 4. a. ALONG THE WEST RiGHT OF WAY LiNE OF OLD HUNDRED
ROAD FROM HUGHEY A. WOODLE, JR. AND SUE S. WOODLE,
TRUSTEES UNDER THE HUGHEY A. WOODLE, JR. AND SUE
S. WOODLE REVOCABLE DECLARAT:ION OF TRUST DATED
!!:U,CH 4, 1997
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
accepted the conveyance of a parcel of land containing 0.205
acres along the west right of way line of Old Hundred Road
(State Route 652) from Hughey A. Woodle, Jr. and Sue S.
Woodle, Trustees Under The Hughey A. Woodle, Jr. and Sue S.
Woodle Revocable Declaration of Trust Dated March 4, 1997,
and authorized the County Administrator to execute the deed.
(It is note!d a copy of the plat is filed with the papers of
thi s Board.)
Ayes: Barber, King, Humphrey and Warren.
Nays: None! .
Absent: Miller.
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8. B. 4. b. ALONG THE WEST RiGHT OF WAY LiNE OF OLD HUNDRED
ROAD FROM RiCHARD W. BARRAR, JR. AND ANN W. BARRAR
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
accepted the conveyance of a parcel of land containing 0.133
acres alongr the west right of way line of Old Hundred Road
(State Route 652) from Richard W. Barrar, Jr. and Ann W.
Barrar, and authorized the County Administrator to execute
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the deed. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Barber, King, Humphrey and Warren.
Nays: None.
Absent: Miller.
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8.B.4.c. FOR PROPOSED FOXCREEK CROSSiNG FROM FOXCREEK
DEVELOPMENT, iNCORPORATED
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
accepted the conveyance of two parcels of land containing a
total of 12.027 acres for proposed Foxcreek Crossing from
Foxcreek Development, Incorporated, and authorized the County
Administrator to execute the deed. (It is noted copies of
the plats are filed with the papers of this Board.)
Ayes: Barber, King, Humphrey and Warren.
Nays: None.
Absent: Miller.
8.B.5. ADOPTiON OF RESOLUTiONS
8. B.S. a. RECOGNiZiNG MS. ANN OWENS-STRiCKLER, SOCiAL
SERV:ICES DEPARTMENT, UPON HER RETIREMENT
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
adopted the following resolution:
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WHEREAS, Ms. Ann Owens-Strickler began her career in
public social services 30 years ago and has been with the
county in the field of Family and Adult Services since
January 12, 1975; and
WHEREAS, in her role as social worker and senior social
worker, Ms. Owens-Strickler has worked diligently with
individuals, families and the community to provide advocacy
and excellent services that protect the well-being of adults;
and
WHEREAS, throughout her career, Ms. Owens-Strickler
served as manager of the agency's companion program where she
recruited and matched companion providers with vulnerable
adults who needed caregivers; and
WHEREAS, Ms. Owens-Strickler served on department goal
groups, and actively participated in development of the
department's reward and recognition procedures; and
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WHEREAS, Ms. Owens-Strickler was a longtime member of
the Chesterfield County Long-Term Care Committee, and TRIAD,
where she actively participated in numerous events sponsored
by both groups; and
WHEREAS, Ms. Owens-Strickler has been a diligent senior
social worker, committed to the vision, mission and values of
the department; and
WHEREAS, Ms. Owens-Strickler has been a role model of
teamwork and professionalism for her colleagues in and
outside of Chesterfield County.
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NOW, 'I'HEREFORE, BE IT RESOLVED that t.he Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Ms. Ann Owens-Strickler, expresses the
appreciation of all residents for her service to the county,
and offers congratulations upon her retirement.
Ayes: Barber, King, Humphrey and Warren.
Nays: Non!:! .
Absent: Miller.
8.B.5.b. RECOGNIZ:ING MS. BETTY HOLLAND, SOCIAL SERVICES
!2.EPARTMENT, UPON HER RETIREMENT
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, Ms. Betty Holland began her career in public
social services 28 years ago and has been with the county in
the field of Adult Services and Adult Protective Services
since Dece~ber 3, 1985; and
WHEREAS, in her role as social worker, Ms. Holland has
worked diligently wi th indi viduals, families and the
communi ty to provide advocacy and excellent services that
protect the well-being of adults and people with
disabilities; and
WHEREAS, Ms. Holland has dedicated her professional
career to enhancing the quality of life for 'vulnerable adults
while helping to keep them safe in their own homes; and
WHEREAS, throughout her career, Ms. Holland has served
on several committees, task forces and department goal
groups, and actively participated in devE:!lopment of the
department' 8 reward and recogni tion procedures and Bright
Ideas Incentive project; and
WHEREAS, Ms. Holland has made many presentations to
citizens and other professional groups about the prevention
of adult abuse in the Commonwealth of Virginia; and
WHEREAS, Ms. Holland has been a diligent social worker
who has been committed to the vision, mission and values of
the department; and
WHEREAS, Ms. Holland has been a role model of teamwork
and professionalism for her colleagues in and outside of
Chesterfield County.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Ms. Betty Holland, and expresses the
appreciation of all residents for her service to the county,
and offers congratulations upon her retirement.
Ayes: Barber, King, Humphrey and Warren.
Nays: None.
Absent: Miller.
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a . B. 7. APPROVAL OF A WETLANDS MiTiGATiON AGREEMENT WiTH
GRAYCOLE, LLC FOR THE AiRPORT RAMP EXPANSiON PROJECT
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
authorized the County Administrator to execute a Wetlands
Mitigation Agreement with Graycole, LLC for the Airport Ramp
Expansion Project.
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Ayes: Barber, King, Humphrey and Warren.
Nays: None.
Absent: Miller.
a.B.a. TRANSFER OF DiSTRiCT iMPROVEMENT FUNDS
8 . B. a . a. FROM THE BERMUDA DiSTRiCT iMPROVEMENT FUND TO THE
PARKS AND RECREATiON DEPARTMENT TO PURCHASE
SUPPLiES TO REPLACE AN OBSERVATiON DECK THAT WAS
DESTROYED BY HURRiCANE iSABEL W:ITH A HANDiCAPPED
ACCESSiBLE OBSERVATiON DECK AT CHESTER STATiON
CAMP 11503, A HiSTOR:IC CrvIL WAR SITE
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
transferred $4,000 from the Bermuda District Improvement Fund
to the Parks and Recreation Department to purchase supplies
to replace an observation deck that was destroyed by
Hurricane Isabel with a handicapped accessible observation
deck at Chester Station Camp #1503, a Historic Civil War
Site.
Ayes: Barber, King, Humphrey and Warren.
Nays: None.
Absent: Miller.
8 . B. 8 . b. FROM THE BERMDDA DiSTRiCT IMPROVEMENT FUND TO THE
POLiCE DEPARTMENT FOR TRAFFiC CONTROL DURiNG THE
CHESTER KIWANiS CLUB'S CHRiSTMAS PARADE
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
transferred $1,000 from the Bermuda District Improvement Fund
to the Police Department for traffic control during the
Chester Kiwanis Club's Christmas Parade.
Ayes: Barber, King, Humphrey and Warren.
Nays: None.
Absent: Miller.
8. B. a . c. FROM THE MIDLOTH:IAN DiSTRICT IMPROVEMENT FUND TO
THE DEPARTMENT OF PUBLiC AFFAiRS TO PURCHASE A
TWO-SiDED BANNER TO PROMOTE THE SELECTiON OF THE
ViLLAGE OF MiDLOTHiAN AND THE SURROUNDiNG AREA AS
THE ·37~ BEST PLACE TO L:IVE iN AMERiCA"
-
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
transferred $693 from the Midlothian District Improvement
Fund to the Chesterfield County Department of Public Affairs
to purchase a two-sided banner to promote the selection by
the CNN/Money Magazine Survey of Midlothian as "37th Best
Place to Live in America."
Ayes: Barber, King, Humphrey and Warren.
Nays: None.
Absent: Miller.
05-920
11/22/05
8.B.9. AMEND THE PARCEL LISTING FOR THE BOARD OF SUPERViSORS
INiTiATED REZONING OF THE 288 CORRIDOR INCLUDED iN
THE AGENDA iTEM OF MAY 25, 2005 AND THE SUBSEQUENT
iTEMS ON AUGUST 24, 2005 AND OCTOBER 26, 2005
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
amended the parcel listing for the Board of Supervisors
initiated re'zoning of the 288 Corridor included in the agenda
item of May 25, 2005 and the subsequent items on August 24,
2005 and October 26, 2005, by adding the following parcels:
Tax ID numbers: 715-710-8459 and 720-703-7536, and removing
the following parcels: Tax ID numbers: 713-709-4587, 713-710-
8429, and 714-710-1855.
,_·1
Ayes: Barber, King, Humphrey and Warren.
Nays: None! .
Absent: Miller.
Mr. Miller returned to the meeting.
The following item was removed from the Consent Agenda for
Board discussion:
8. B. 6 . CONVEYANCE OF AN EASEMENT TO ViRG:INiA ELECTRiC AND
POWER COMPANY FOR OVERHEAD CABLE ACROSS THE
MiDLOTHiAN MiDDLE SCHOOL PROPERTY TO IMPROVE SERVICE
RELXABiLiTY
Mrs. Humphrey expressed concerns relative to disruption of
school facilities while the overhead cable is being moved
across the school property.
Mr. Sasek stated Virginia Power has receivE=d a request to
improve service reliability in the area, and the solution was
to install additional poles and guy wires to support the
existing facilities along Midlothian Turnpike. He further
stated no additional lines are being added across the school
property.
-
Mrs. Humphr,ey expressed concerns relative to stringing power
lines that are cluttering Midlothian Turnpike. She requested
that underg-round power lines be used when crossing school
properties in the future.
Mrs. Humphrc=y then made a motion, seconded by Mr. Barber, for
the Board to authorize the Chairman of the Board of
Supervisors and the County Administrator to execute an
easement agreement with Virginia Electric and Power Company
for overhead cable across the Midlothian Middle School
property to improve service reliability. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
9. HEARINGS OF CiTIZENS ON UNSCHEDULED MATTERS OR CLAIMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
05-921
11/22/05
10. REPORTS
10.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
10.B. REPORT ON THE STATUS OF GENERAL FUND BALANCE, RESERVE
FOR FUTURE CAPiTAL PROJECTS, DiSTR:ICT iMPROVEIŒNT
FUNDS AND LEASE PURCHASES
10. C. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY
SYSTEM
On motion of Mr. King, seconded by Mr. Miller, the Board
accepted a Report on Developer Water and Sewer Contracts
and a Report on the Status of General Fund Balance,
Reserve for Future Capital Projects, District Improvement
Funds and Lease Purchases.
And, further, the following roads were accepted into the
State Secondary System:
ADDITION
LENGTH
CAMERON BAY, SECTION C
(Effective 10/17/2005)
Cameron Bay Terrace (Route 5908) - From
Cameron Bay Drive (Route 5633) to Cul-de-sac
0.05 Mi.
FIRST BRANCH AT WOODLAND POND, SECTION B
(Effective 10/31/2005)
Brook Point Place (Route 5911) - From
First Branch Lane (Route 5442) to Cul-de-sac
0.13 Mi.
First Branch Lane (Route 5442) - From 0.02
mile west of Woodbluff Court (Route 5444) to
Brook Point Place (Route 5911)
o . 1 7 Mi.
First Branch Lane (Route 5442) - From Brook
Point Place (Route 5911) to Cul-se-sac
o . 2 5 Mi.
KINGHAM AT THE GROVE, SECTION 5
(Effective 10/31/2005)
Rise Shaft Road (Route 5916) - From Railey
Hill Drive (Route 5519) to Tipple Point Road
(Route 5917)
o . 11 Mi.
Tipple Point Road (Route 5917) - From Rise
Shaft Road (Route 5916) to 0.02 mile south
of Rise Shaft Road (Route 5916)
o . 02 Mi.
-
Tipple Point Road (Route 5917) - From Rise
Shaft Road (Route 5916) to Cul-de-sac
o . 04 Mi.
WINFREE'S COLONY
(Effective 10/17/2005)
Winfree Circle (Route 4399) - From Winfree
Street (Route 1515) to Cul-de-sac
o . 04 Mi.
Winfree Street (Route 1515) - From Winfree
Circle (Route 4399) to Cul-de-sac
o . 11 Mi.
05-922
11/22/05
winfree Street (Route 1515) - From Daniels
Street (Route 1546) to Winfree Circle (Route
4399)
0.06 Mi.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
10.D. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A) (7),
CODE OF V:IRGIN:IA, 1950, AS AMENDED, FOR CONSULTATION
WiTH LEGAL COUNSEL ON SPECiFIC LEGAL MATTERS REGARDiNG '"_é
A SEWER BACK-UP CLA:IM iN CREEKWOOD SUBDiVISiON
On motion of Mr. King, seconded by Mr. Barber, the Board went
into Closed Session pursuant to Section 2.2-3711(A) (7), Code
of Virginia, 1950, as amended, for consultation with legal
counsel on specific legal matters regarding a sewer back-up
claim in CrE!ekwood Subdivision.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
Reconvening:
On motion of Mr. Barber, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into Closed Session in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act
effective July 1, 1989 provides for certification that such
Closed Session was conducted in conformity wi,th law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member's
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of
Information Act were discussed in the Closed Session to which
this certification applies, and
ii) only such public business matters as were identified
in the Motion by which the Closed Session was convened were
heard, discussed, or considered by the Board. No member
dissents from this certification.
The Board bteing polled, the vote was as follows:
Mr. Warren: Aye.
Mr. Miller: Aye.
Mrs. Humphr,ey: Aye.
Mr. King: Aye.
Mr. Barber: Aye.
05-923
11/22/05
11. DiNNER
On motion of Mr. Miller, seconded by Mr. King, the Board
recessed to the Administration Building, Room 502 for dinner
with members of the Friends of the Library.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
Reconvening:
12. INVOCATION
Reverend Dan Lipford, Senior Minister
Presbyterian Church gave the invocation.
of
Centralia
13. PLEDGE OF ALLEGiANCE TO THE FLAG OF THE UNiTED STATES OF
AMERiCA
Eagle Scout Michael Grayson Bourne led the Pledge of
Allegiance to the flag of the United States of America.
Mr. Barber welcomed his daughter Haley and her friend KaitlYn
who were present at the meeting working on a school project.
14 . RESOLUTiONS AND SPECiAL RECOGNiTiONS
14.A. RECOGNiZiNG THE BROAD ROCK RURITAN CLUB UPON THE
OCCASION OF iTS FiFTiETH ANNIVERSARY
Ms. Ruth introduced members of the Broad Rock Ruritan Club
who were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Ruritan is a national service organization; and
WHEREAS, the Broad Rock Ruritan Club was chartered on
November 28, 1955; and
WHEREAS, through the 50 years since its founding, the
Broad Rock Ruritan Club has provided outstanding service to
Chesterfield County; and
WHEREAS, the Broad Rock Ruritans helped to bring
Chippenham Hospital to the region and has supported Crippled
Children's Hospital and the annual Veteran's Day observance;
and
WHEREAS, the Broad Rock Ruritans provide community
support for volunteer rescue squads, Chesterfield Fire and
Police Departments, the Red Cross, local prison ministry, and
other worthwhile programs; and
WHEREAS, the Broad Rock Ruri tans support the communi ty
with the building of handicap ramps and home improvements,
and also provide food for shut-ins; and
05-924
11/22/05
WHEREAS, the Broad Rock Ruritans send
students to leadership programs and provides
and
Chesterfield
scholarships;
WHEREAS, the Broad Rock Ruritan Club,
with other Ruritans in Chesterfield County and
World, financed and created the 9/l1 Memorial
in the Harry G. Daniel Park at Iron Bridge.
in partnership
Woodmen of the
Garden located
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of November 2005,
publicly recognizes the Broad Rock Ruri tan Club, expresses
its appreci¡:3.tion to the members and commends them on their
dedicated s43rvice to the community in which they live, and
congratulatE!::; the members on their 50th anniversary of service
to others.
Ayes: Barber, King, Humphrey, Miller and Warnm.
Nays: None.
Mr. Miller presented the executed resolution to Mr. Terry
Shackleferd, President of the Broad Rock Ruritan Club,
accompanied by members of the club, and expressed
appreciation for the dedicated service of thE:! members of the
Broad Rock Ruritan Club.
Mr. Shackleferd recognized Mr. Elwood Jenkins, an original
charter member, who was unable to attend toni9ht's meeting.
14. B. RECOGNiZiNG THE PRIENDS OF THE LIBRARY ON THE OCCASiON
OF THE:IR 35TH ANNiVERSARY
Mr. Hammer introduced Ms. Kathryn Geranios,
Friends of the Library who was present
resolution.
President of the
to receive the
On motion of the Board, the following resolution was adopted:
WHEREAS, the Friends of the Chesterfield County Public
Library was established in 1970 by visionary citizens to
support the goals of the Chesterfield County Public Library;
and
WHEREAS, the Friends of the Library are celebrating
their 35th anniversary of operation with renewed energy to
promote and advocate for the value of public library service
by coordinating their strategic plan with the library's
strategic plan and supporting the county's goals and
initiatives for the welfare of Chesterfield citizens; and
WHEREAS, the Friends provide substantial support for
library services toward library programs and collection
development, notably with a service project that provides
materials and resources for an important segment of the
population t.hat is maturing, and with collectively, thousands
of volunteer hours to support library activities; and.
WHEREAS, the Friends continue to support the Summer
Reading Program, which encourages 13,OOO school age children
to maintain reading and intellectual pursuits during the
summer by providing financial support of mult~iple programs at
all nine branch locations, including gift certificates, books
05-925
11/22/05
and a variety of prizes as participation and completion
incentives; and
WHEREAS, the Friends volunteerism extends beyond the
library to include holiday gift wrapping and And the Read
Goes On book fairs every June at Barnes and Noble,
participating in Ukrops Golden Gifts Certificates program,
producing the annual Book and Author Dinner, sponsoring the
Library's Writers' Workshop, establishing a partnership with
the Chesterfield Historical Society for a cookbook
celebrating the past, present and future of Chesterfield to
be published in 2007, and most recently donating materials to
libraries in the south that were impacted by the recent
hurricanes.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of November 2005,
publicly recognizes the Friends of the Chesterfield County
Public Library for their outstanding contributions to the
quality of life of the Citizens of Chesterfield County.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to the Friends of the Chesterfield
County Public Library and that this resolution be permanently
recorded among the papers of this Board of Supervisors of
Chesterfield County, Virginia.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
-
Mr. Barber presented the executed resolution to Ms. Geranios,
accompanied by Mr. Mabe, Mr. Skip Auld, and members of the
Friends of the Library, and expressed appreciation for the
support that the Friends provide to county libraries.
Ms. Geranios stated the Friends of the Library are committed
to helping, supporting and advocating for the best libraries
in the county. She presented a facsimile of a check in the
amount of $3,500, in honor of the Friends' 35th anniversary,
to be used for books on tape and CDs for the community. She
thanked the Board and Mr. Mabe for their support and stated
she is immensely proud to be a Friend.
14 . C . RECOGNiZiNG HR. MiCHAEL GRAYSON BOURNE UPON ATTAiNiNG
THE RANK OF EAGLE SCOUT
Mr. Hammer introduced Mr. Michael Bourne 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 ~erica 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,
05-926
11/22/05
carrying out a service proj ect beneficial to his community,
being activ 9 in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Michael Grayson Bourne, Troop 805,
sponsored by Woodlake 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, Michael has distinguished himself as a member of a
new generation of prepared young citizens of whom we can all
be very proud.
-
NOW, '!'HEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 22nd day of November 2005,
publicly r49cognizes Mr. Michael Grayson Bourne, extends
congratulations on his attainment of Eagle Scout, and
acknowledge::; the good fortune of the county to have such an
outstanding young man as one of its citizens.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Mr. BournE~, accompanied by members of his family,
congratulat 9d him on his outstanding achievement, and wished
him well in his future endeavors.
Mr. Bourne provided details of his Eagle Scout Project and
thanked the Board for the recognition as WE!11 as those who
have supported him throughout his scouting experience.
15. REQUESTS FOR HANtJFACTURED HOME PERMiTS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
POLLOWiNG ORDER I - WiTHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSiTION - CASES WHERE THE APPL:ICANT DOES NOT ACCEPT
THE RECOIOlENDATiON AND/OR THERE IS PUBLiC OPPOSiT:ION
WiLL BE HEARD AT SECTiON 17
05SN0234
In Matoaca Magisterial District, THOMLYN, LLC requests
rezoning and amendment of zoning dist.rict map from
Agricultural (A) to Residential (R-12). Residential use of
3.63 units per acre is permitted in a Residential (R-12)
District. r.~he Comprehensive Plan suggests the property is
appropriate for residential use of 1.01-2.5 units per acre.
This request lies on 50.3 acres fronting approximately 1,050
feet on thE' southwest line of Woodpecker Road and located in
the southwest quadrant of the intersection of Woodpecker,
Lakeview and Chestnut Ridge Roads. Tax IDs 791-620-1025 and
791-621-0110 (Sheet 41).
Ms. Beverly Rogers presented a summary of Case 05SN0234 and
stated the Planning Commission, on a vote of four to one, and
staff recommended approval and acceptance of the proffered
05-927
11/22/05
conditions. She noted the request complies with the Southern
and Western Area Plan, which suggests the property is
appropriate for residential use of 1.01 to 2.5 dwelling units
per acre. She stated the applicant is proposing a density of
1.7 dwelling units per acre. She further stated the
proffered conditions adequately address the impact of the
proposed development on capital facilities consistent with
the Board's policy.
-
Mr. Harley Joseph, representing the applicant, stated the
recommendation is acceptable.
Mr. Barber called for public comment.
Ms. Barbara Jernigan presented a petition with 175 signatures
in opposition to the request, indicating that the residents
believe 12,000 square foot lots are not appropriate for the
location and do not meet the Southern and Western Area Plan.
She stated the residents believe that a minimum lot size of
25,000 square feet with 1.74 units per acre is appropriate
for the location. She provided details of the development
and revision of the Southern and Western Area Plan and stated
the citizens would prefer more of a transition from smaller
lots near the villages of Ettrick and Matoaca to larger lots
in the agricultural area. She expressed concerns that
Woodpecker and Lakeview Roads cannot handle additional
traffic that would be generated by R-12 zoning in the area.
Mr. Joseph stated the request was well researched by the
Planning Commission and the applicant has done everything
possible to address citizens' concerns.
There being no one else to speak to the request, the public
hearing was closed.
Mrs. Humphrey stated transitioning from the villages into the
agricultural community is important, and the road
improvements being offered by the developer are imperative.
She further stated she is satisfied with the density of the
proposed development. She expressed concerns relative to the
necessity to provide housing for military families that will
be coming to the area as a result of the Fort Lee expansion,
indicating that the proposed development will provide housing
as well as green space. She requested that Planning staff
administratively review the Lakeview/Woodpecker Corridor for
transitioning into Ettrick and Matoaca Villages. She stated
the R-88 zoning must stay firm in the area of Matoaca High
School and reminded staff that this section of the Southern
and Western Area Plan needs to be reevaluated.
Mrs. Humphrey then made a motion, seconded by Mr. Miller, for
the Board to approve Case 05SN0234 and accept the proffered
conditions.
In response to Mr. Barber's questions, Ms. Rogers stated the
neighbors have indicated they would prefer R-25 zoning with
larger lots. She further stated the developer has provided
open space within the development in lieu of placing all of
the land into larger lots. She stated the minimum standards
within a development are often exceeded because of physical
constraints on the property, topography, and so forth. She
further Mr. Jernigan believes a commitment about the
transitioning of lot sizes was made during the development of
05-928
11/22/05
the Southern and Western Area Plan, indicating that the Plan
addresses d4~nsity (up to 2.2 units per acre) f but does not
reflect lot sizes.
Mr. Barber then called for a vote on the motion of Mrs.
Humphrey, s4econded by Mr. Miller, for the Board to approve
Case 05SN023,(1 and accept the following proffered conditions:
The Owners--Applicants 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 Tax
IDs 791-621-0110; 791-620-1025 (the "Property") under
consideration will be developed according to the following
conditions, if and only if, the rezoning re~lest for R-12 is
granted. In the event the request is denied or approved with
conditions not agreed to by the Owners-Applicants, these
proffers and conditions shall be immediately null and void
and of no further force or effect.
-,,-'
1. Timbering. Except for the timbering approved by the
Virginia State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance
permi t has been obtained from the Environmental
Engine4~ring Department and the approv1ed devices have
been installed. (EE)
2. Cash Proffer. The applicant, subdivider, or assignee(s)
shall pay the following to the County of Chesterfield,
prior to the issuance of a building permit, for
infrastructure improvements within the service district
for the property:
a. $15,600 per dwelling unit, if paid prior to July I,
2006; or
b. The amount approved by the Board of Supervisors not
to exceed $15,600 per dwelling unit adjusted upward
b:V' any increase in the Marshall and Swi f t Bui lding
Cost Index between July 1, 2005, and July 1 of the
fiscal year in which the payment is made if paid
after June 30, 2006.
c. C.3sh proffer payments shall be spent for the
purposes proffered or as otherwise permitted by
1.3w. 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 determined by the County. (B&M)
3. A maximum of eighty-three (83) dwelling units shall be
permitted. (P)
4 . WITHDRA,WN
5. TransP9rtation.
(a) In conjunction with recordation of the initial
subdivision plat, forty-five (45) feet of right-of-
05-929
11/22/05
way on the west side of Woodpecker Road, measured
from the centerline of that part of Woodpecker Road
immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the
benefit of Chesterfield County.
(b) Direct access from the property to Woodpecker Road
shall be limited to one (1) public road. This
public road shall be a residential collector road.
The exact location of this public road shall be
approved by the Transportation Department.
(c) In conjunction with development of the initial
section, the developer shall be responsible for the
following improvements:
i. Construction of additional pavement along
Woodpecker Road at the public road
intersection to provide left and right turn
lanes based on Transportation Department
standards; and,
ii. Widening/improving the west side of Woodpecker
Road to an eleven (11) foot wide travel lane,
measured from the centerline of the road, with
an additional one (1) foot wide paved shoulder
plus a seven (7) foot wide unpaved shoulder,
and overlaying the full width of the road with
one and a half (1.5) inch of compacted
bituminous asphalt concrete, with any
modifications approved by the Transportation
Department, for the entire property frontage;
and,
iii. Dedication, free and unrestricted, to and for
the benefit of Chesterfield County, of any
additional right-of-way (or easements)
required for these improvements. (T)
6. Dwelling Size. The minimum gross floor area for each
dwelling unit shall be 2,000 square feet. (BI & P)
7. Restricti ve Covenants. The following restrictive
covenants shall be recorded in conjunction with the
recordation of any subdivision plat:
(a) As a minimum, the landscaping requirement on each
lot shall be $800.00
(b) All driveways shall be paved (P)
-
8 .
The required fifty (50) foot buffer along Woodpecker
Road shall be recorded as open space. (P)
9. The Resource Protection Area (RPA) along Oldtown Creek
shall be recorded as open space. (P)
10. The required thirty (30) foot buffer along the proposed
collector road referenced in proffered condition 5. b.
shall be recorded as open space. (P)
05-930
11/22/05
11. A minimum of twenty (20) feet in width of open space
shall be provided along the eastern and western property
boundaries adjacent to Tax ID's 791-620-7604; 791-619-
6361; 791-619-5904; 790-621-5162; and 791-621-0461. (P)
12.
At a minimum, the open
condi tions 8 through 11
acres, total. (P)
spaces noted
shall include
in proffered
fourteen (14)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
04SN0303 (Amended)
In Matoaca ~[agisterial District, FAIRWEATHER INVESTMENTS, LLC
AND HIGHLANDS WEST, LLC request Condit.ional Use and amendment
of zoning district map to permit a public waste treatment
facility on 30 acres of a 1,430 acre parcel. The density of
such amendment will be controlled by zoninq- conditions or
Ordinance st.andards. The Comprehensive Plan suggests the
property is appropriate for residential use of 1-5 acre lots,
suited to R-88 zoning. This request lies in a Residential
(R-88) District fronting approximately 11,600 feet on the
east line of Nash Road across from Reedy Branch Road, also
fronting in three (3) places for approximately 7,050 feet on
the west line of Cattail Road across from Reedy Branch and
Rowlett Roads. Tax ID 759-636-Part of 6377 (Sheets 33 and
40) .
Mr. Turner stated the applicant has requested a deferral
until January 25, 2006.
Mr. John Cogbill, representing the applicant, requested a
deferral until January 25, 2006.
Mr. Barber called for public comment on the dE:!ferral.
Mr. Richard Carroll stated he supports a 60-day deferral and
requested that the Board take the opportunity to develop
criteria for applicants to meet when presenting applications
of this nature, so that the residents can review the criteria
and decide whether or not they support the proposal.
Ms. Andrea
because it
stated the
Western Areél
day deferral
Epps reques ted that the Board hear the reques t
has already been deferred for six months. She
Public Facilities Plan and the Southern and
Plan will not have been revisited during the 60-
period.
There being no one else to speak to the deferral, the public
hearing was closed.
Mrs. HurnphrE:!Y made a motion, seconded by Mr. Warren, for the
Board to defer Case 04SN0303 until January 25, 2006.
Mr. Barber rnade a substitute motion, seconded by Mr. Miller,
for the Board to deny the deferral of Case 04SN0303.
Mr. Barber stated he is very uncomfortable with the precedent
that would be set by allowing a residential development to
hook into a private wastewater treatment plant. He expressed
concerns relative to the safety and security of residents
05-931
11/22/05
using a private facility, a failure of the system in the
future, and increased density as a result of permitting the
facility. He stated the county struggles with growth
management, and requiring connections to utility lines is the
county's strongest tool to controlling growth. He further
stated he is not at all inclined to support residential
development using private wastewater treatment plants or to
develop regulations for facilities such as this. He stated
he would like to hear the case tonight because he does not
believe his opinion will change during a deferral period.
Mr. Miller expressed concerns that thousands of acres would
be available for residential development in the county if the
facility were allowed. He stated he is not inclined to
support the request and will not support it in 60 days,
indicating that he would also like to hear the case tonight.
Mr. King stated he is not satisfied that all of the facts
surrounding the proposed facility have been presented. He
further stated he does not agree that the county should
develop criteria for facilities such as this. He
acknowledged that connection to public facilities is a growth
management tool and suggested that the Board study the issue
further and decide whether or not they want to permit this
type of facility. He expressed concerns that members of the
Task Force for Responsible Growth have not expressed
opposition to the request. He stated, although he would
prefer a 30-day deferral, he will support a 60-day deferral
to allow additional information to be provided by staff
regarding the proposed facility.
-,
Mr. Barber called for a vote on his motion, seconded by Mr.
Miller, for the Board to deny the deferral of Case 04SN0303.
Ayes: Barber and Miller.
Nays: King, Humphrey and Warren.
After brief discussion regarding the deferral time period,
Mr. Barber then called for a vote on the original motion of
Mrs. Humphrey, seconded by Mr. Warren, for the Board to defer
Case 04SN0303 until January 25, 2006.
Ayes: King, Humphrey and Warren.
Nays: Barber and Miller.
05SN0184
-
In Matoaca Magisterial District, DOUGLAS R. SOWERS AND SUSAN
S. SOWERS request rezoning and amendment of zoning district
map from Agricultural (A) to Residential (R-12) with
Conditional Use Planned Development to permit exceptions to
Ordinance requirements. The density of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for single family residential use of 2.0 units per acre or
less. This request lies on 19.1 acres fronting approximately
650 feet on the east line of Baldwin Creek Road approximately
550 feet north of Beach Road. Tax IDs 707-661-9519 and 9848
(Sheet 23).
Mr. Turner presented a summary of Case 05SN0184 and stated
the Planning Commission and staff recommended approval
05-932
11/22/05
subject to conditions and acceptance of the proffered
conditions.
Mr. Oliver '''Skitch'' Rudy, representing the applicant, stated
the recommendation is acceptable.
Mr. Barber called for public comment.
No one came forward to speak to the request.
Mrs. HurnphrE~Y made a motion, seconded by Mr. Barber, for the
Board to approve Case 05SN0184 subject to conditions.
In response to Mr. Miller's question, Ms. Rogers stated the
addendum has been provided to make a typographical
correction, and there has been no change in the conditions.
Mr. Barber called for a vote on the motion of Mrs. Humphrey,
seconded by Mr. Barber, for the Board to approve Case
05SN0184, subject to the following conditions:
1. The Textual Statement, last revised March 1, 2005, shall
be considered the master plan. (PJ
2. In conjunction with the initial tentative subdivision
plan rE~view, an overall plat shall be submitted for the
residential portion of this request depicting the
acreagE~s for that property which does and does not drain
to the Swift Creek Reservoir for the purpose of
confirming overall project densities. (]E»
And, furthE!r, the Board accepted the following proffered
conditions:
The Owners--Applicants in this zoning case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended)
and the Z,c:ming Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the
development of the properties known as CheBterfield County
Tax IDs 707-661-9519-00000 and 707-661-9848-00000 (the
"Property" ) under consideration will be developed according
to the attached Textual Statement and the following
conditions if, and only if, the rezoning requests for R-12 as
set forth in the above heading and the application filed
herein is çrranted. In the event the request is denied or
approved with conditions not agreed to by the Owners-
Applicants, these proffers and conditions shall be
immediately null and void and of no further force or effect.
1. (a) Timbering. Except for the timbering approved by
the Virginia State Department of Forestry for the
purpose of removing dead or diseased trees, there
shall be no timbering on the Property until a land
disturbance permit has been obtained from the
Environmental Engineering Department and the
approved devices have been installed.
(b) DJ~ainage. In order to insure that the drainage on
the property is adequately handles, the Applicants
proffer to: (i) replace all culvert pipes under
BE~ach Road to ensure adequate size to handle the
ultimate upstream drainage area, or (ii) retain
water onsi te so that the existing pipes remain
05-933
11/22/05
adequate, or (iii) a combination of (i) and (ii)
above.
,-
(c) For land that drains to Swift Creek Reservoir,
temporary sediment basins shall remain in place
and/or new BMPs constructed to achieve the .22
phosphorus standard until the downstream regional
BMP into which the development will drain has been
constructed. (EE)
2. Utilities.
(a) Public water shall be used.
(b) Public Wastewater gravity sewer shall be used.
(c) Prior to the issuance of the first building permit
for each tentative subdivision plat, the developer
shall make payment to Chesterfield County in the
amount of $200.00 per acre for that particular plat
as a contribution towards the expansion of the Dry
Creek Wastewater Pump Station. The total
contribution shall be based on the total acreage
served by the public wastewater system. (U)
3. Cash Proffer. The applicant, sub-divider, or
assignee(s) shall pay the following to the County of
Chesterfield prior to the issuance of building permit
for infrastructure improvements within the service
district for the property:
(a) $15,600 per dwelling unit, if paid prior to July 1,
2006; or the amount approved by the Board of
Supervisors not to exceed $15,600 per dwelling unit
adjusted upward by any increase in the Marshall and
Swift Building Cost Index between July 1, 2005, and
July I of the fiscal year in which the payment is
made if paid after June 30, 2006.
(b) Provided, however, that if any building permits
issued on the property are for senior housing, as
defined in the proffer on age-restriction, the
applicant, sub-divider, or assignee(s) shall pay
$10,269 per dwelling unit if paid prior to July 1,
2006, or the amount approved by the Board of
Supervisors, not to exceed $IO, 269 per dwelling
unit as adjusted upward by any increase in the
Marshall and Swift Building Cost Index between July
1, 2005 and July 1 of the fiscal year in which the
payment is made if paid after June 30, 2006. At the
time of payment, the $10,269 will be allocated pro-
rata among the facility costs as follows: $602 for
parks and recreation, $348 for library facilities,
$8,915 for roads, and $404 for fire stations.
Payments in excess of $10,269 shall be prorated as
set forth above.
(c)
Cash proffer payments
purposes proffered or
law. (B&M)
shall be spent for the
as otherwise permitted by
4. (a) Age Restriction. Except as otherwise prohibited by
the Virginia Fair Housing Law, the Federal Fair
05-934
11/22/05
Housing Act, and such other applicable federal,
state or local legal requirements, dwelling units
designated as age-restricted shall be restricted to
"housing for older persons; as defined in the
Virginia Fair Housing Law and no persons under 19
years of age shall reside therein." (B&M)
(b) Semior Housing. Any dwelling units designated for
senior housing as outlined in Proffered Condition
4(a) shall be noted on the site plan and/or on any
subdivision plat. Such dwelling units shall be
grouped together as part of the same development
section(s). (P)
5. In conjunction with recordation of the initial
subdivision plat, forty-five (45) feet of right-of-way
along the east side of Baldwin Creek Road (State Route
No. 730), measured from the centerline of that part of
Baldwin Road immediately adjacent to the property, shall
be dedicated, free and unrestricted, to and for the
benefit of Chesterfield County. (T)
6. Direct access to Baldwin Creek Road shall be limited to
one (1) public road. The exact location of this shall be
approvE~d by the Transportation Department. (T)
7. To provide an adequate roadway system, the developer
shall be responsible for the following improvements:
(a) Construction of additional pavement along Baldwin
Creek Road at the approved access to provided left
and right turn lanes, if warranted, based on
Transportation Department. standards.
(b) Widening/improving the east side of Baldwin Creek
Road to an eleven (11) foot wide travel lane,
mE~asured from the centerline of the road, wi th an
additional one (1) foot wide paved shoulder plus a
SE~ven (7) foot wide unpaved shoulder, and
overlaying the full width of the road with one and
one half (1.5) inch of compacted bituminous asphalt
concrete, with modifications approved by the
Transportation Department, for the entire property
frontage.
(c) DE~dication to Chesterfield County, free and
unrestricted, any additional right-of-way (or
easements) required for the improvements identified
above. In the event the developer is unable to
acquire the right of way necessary for the road
improvements as described, the developer may
rE~quest in writing, the County to acquire such
right of way as a public road improvement. All
costs associated with the acquisition of the right-
of-way shall be borne by the developer. In the
event the County chooses not to assist the
developer in acquisition of the "off-site" right of
way, the developer shall be rrelieved of the
obligation to acquire the "off-site" right of way
and shall be required only to provided the road
improvements that can be accommodated wi thin
av'ailable rights-of-way as dete!rmined by the
Transportation Department.
05-935
11/22/05
8 Prior to any construction plan approval, a phasing plan
for the required road improvements, as identified in
Proffered Condition 7, shall be submitted to and
approved by the Transportation Department. (T)
9. Density.
-
(a) The total number of residential dwelling units on
that portion of the property requested to be
rezoned R-12 which drains to the Swift Creek
Reservoir shall not exceed 2 units per acre.
(Note: The Applicant has determined that 0 acres
of said request parcels do drain to the reservoir.)
(b) The total number of residential dwelling uni ts on
that portion of the property requested to be
rezoned R-12 which does not drain to Swift Creek
Reservoir shall not exceed 2.2 single family
residential units per acre.. (Note: The Applicant
has determined that 19.1 acres of said request
parcels do not drain to the reservoir.) (P)
10. Phasing. No residential building permits shall be
issued until January 1, 2007. (P)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
,...-...
05SR0259 (Amended)
In Matoaca Magisterial District, MICHAEL SIBLEY AND RITA
SIBLEY request renewal of Conditional Use (Case 02AN0230) and
amendment of zoning district map to allow a business (wood
products manufacturing) operated incidental to a dwelling
unit. The density of such amendment will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for residential use
of 1-5 acre lots, suited to R-88 zoning. This request lies
in an Agricultural (A) District on 10.0 acres and is known as
8825 Woodpecker Road. Tax ID 760-644-7168 (Sheet 33).
Mr. Turner presented a summary of Case 05SR0529 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Oliver "Skitch" Rudy, representing the applicant, stated
the recommendation is acceptable.
Mr. Barber called for public comment.
-
No one came forward to speak to the request.
In response to Mrs. Humphrey's questions, Mr. Michael Sibley
(the applicant) stated he has an 1100-foot gravel driveway
that is not conducive to speeding. He further stated his
machinery is located inside a metal building, and noise
generated by the machinery is not an issue with the
neighbors.
05-936
11/22/05
Mrs. Humphrey then made a motion, seconded by Mr. Warren, for
the Board to approve Case 05SR0259 and accept the following
proffered conditions:
1. This Conditional Use shall be granted to and for Michael
Sibley, Rita Sibley or their children (blood, adoption
or guardianship) and shall not be transferable or run
with the land. (P)
2. This Conditional Use shall be limited t.o the operation
of a wood products manufacturing business , exclusively.
A maximum of three (3) employees other than those
persons outlined in Proffered Condition :1 may be engaged
in this operation. (P)
3. This use shall not operate before 8: 00 A.M. and after
5:00 P.M., Monday through Friday nor on Saturday or
Sunday. (P)
4. There shall be no deliveries to or from the site via
tractor-trailer carriers. Any deliveries shall be made
between the hours of 8:00 A.M. and 5:00 P.M., Monday
through Friday. There shall be no Sat.urday or Sunday
deliveries. (P)
5 .
Wi th t.he exception of accessory parking and an air
compressor, all work and operations associated with this
business, including storage of materials and equipment,
shall :be accomplished on the inside of the 50 foot by
100 foot "proposed building" depicted on the site plan
preparE~d by Virginia Surveys dated 07--22-02. An air
compressor for this operation shall be housed in a
separate attached structure (no more than fifty (50)
square feet in area) to be located to the west of the
above referenced building. (P)
--
6. Leyland Cypress trees with an initial height of at least
three (3) feet shall be planted and maintained to
sufficiently screen the buildings described in Proffered
Condition 5 from adjacent property identified as Tax ID
760-644-9151. A landscaping pIan shall be submitted to
the Planning Department within thirty (30) days of
approval of this request. Such plan shall include a
phasin9 plan for the installation of the landscaping.
( P)
7. One (1) sign, not to exceed one (1) square foot in area
and a height of 4.5 feet, shall be permitted to identify
this use. Such sign shall not be illuminated and shall
be located west of the driveway and adjacent to the
mailbox shown on the plan as outlinE:!d in Proffered
Condition 5. (P)
8. Within sixty (60) days from the datle the Board of
Supervisors approves the Conditional Use request, forty-
five (45) feet of right-of-way along the south side of
Woodpecker Road, measured from the centerline of that
part of Woodpecker Road immediately adjacent to the
property, shall be dedicated, free and unrestricted, to
and for the benefit of Chesterfield County. (T)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05-937
11/22/05
06SR0160
In Bermuda Magisterial District, CLIFFORD B. AND SOPHRONIA
ROBINSON request renewal of temporary Manufactured Home
Permit 95SR0279 to park a temporary manufactured home in a
Residential (R-7) District. The density of this property is
approximately 3.57 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 2674
Drewrys Bluff Road. Tax ID 789-680-8860 (Sheet 18).
Mr. Turner presented a summary of Case 06SR0160 and stated
staff recommends approval for five years, subject to
condi tions. He noted the applicants, who are elderly and
have health situations, were unable to attend the meeting
this evening and have indicated that they accept the
recommendation and are requesting the Board's approval.
Mr. Barber called for public comment.
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved Case 06SR0160, subject to the following conditions:
1. The applicants shall be the owner of the temporary
manufactured home.
2. The temporary manufactured home permit shall be granted
for a period not to exceed five (5) years from date of
approval.
3. No lot or parcel may be rented or leased for use as a
temporary manufactured home site nor shall any temporary
manufactured home be used for rental property.
4. No additional permanent-type living space may be added
onto a temporary manufactured home. All temporary
manufactured homes shall be skirted but shall not be
placed on a permanent foundation.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
16. PUBLiC HEARiNGS
16.A. TO CONS:IDER ADOPTiON OF AN ORDINANCE CREATiNG THE
POWHiTE PARKWAY-CHARTER COLONY PARKWAY iNTERCHANGE
SERViCE DiSTRiCT FOR ROAD CONSTRUCTiON iMPROVEMENTS
AT CENTERPOiNTE
Ms. Dickson stated the Board held a public hearing on August
24, 2005 and deferred action on whether to create a
transportation service district to construct the Powhite
Parkway-Charter Colony Parkway Interchange. She provided
details of benefits of the service district and the
facilities/services proposed. She then provided details of
the financing proposal. She stated, since the August 24th
public hearing, the Board has indicated its desire to
consider the creation of the district with the following
05-938
11/22/05
changes to t:he advertised boundaries and parcels: I) exclude
all improve!rnents for which there is an assessment or a
partial assessment as of January 2006, partially assess
improvement::;; that are 25 percent or more complete; and
exclude the land associated with the existing or partial
improvements as of January 2006, with future improvements
being subject to the $0.15 tax; and 2) include only the
undeveloped area in the Waterford development in the district
because certain parcels in the development were subject to an
agreement made in the early 1990's whereby road improvements
were made in exchange for approval to develop approximately
650,000 square feet. She stated the proposed ordinance
provides for restrictive use of revenues and requires the
county to segregate the revenues collected to provide the
improvement" establishes the boundary for the duration of the
district, and will be recorded in the land records of the
county for purposes of notifying all future potential
property O~lers or purchasers.
In reSpOnSE! to questions from Board members, Ms. Dickson
stated future improvements would be defined through
assessments. She further stated staff estimates that the
interchange should be constructed within 12 to 14 years, with
the changes that have been requested. She stated there will
be an additional $0.15 tax per $100 of real estate assessed
value, and the ordinance will require the county to segregate
50 percent of the increased assessments in the district and
use it to finance design, widening of powhi te Parkway, and
ultimately construction of the interchange. She further
stated as soon as any improvement takes place in the service
district, staff will begin segregating the 50 percent
incremental increase in real estate tax revenue as well as
collecting the $0.15 additional tax, and should be able to
begin designing the interchange wi thin two to three years.
She stated there is no current residential de'velopment in the
district, but future planned residential development would be
subject to the tax.
Discussion ensued relative to future residential development
proposed in the district.
Mr. Barber called for public comment.
Ms. Jane Wé3.tkins, President of the Virginia Credit Union,
commended staff and the Board for working through the complex
issue and excluding the portions of Waterford that are
already dev~~loped.
Mr. Steve Erie, representing the Chesterfield Business
Council, stated he supports the concept of service districts
as a creative way to finance infrastructure growth in the
county. He further stated this is an example of the county
partnering with the business community to ensure that
desirable infrastructure development occurs where it is
needed, and commended staff and the Board for considering
this initiative.
Ms. Andrea Epps stated the proposal is obviously good for
economic development, as well as for the safety and benefit
of area residents.
There being no one else to speak to the iBsue, the public
hearing was closed.
05-939
11/22/05
Mr. Warren stated he supports staff's recommendation.
Mrs. Humphrey stated the proposal
mechanism for road funding and is
taxpayers will also benefit from.
represents a unique
an opportunity that
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY ENACTING SECTIONS
9-40, 9-41, 9-42, 9-43, 9-44, 9-45, 9-46 AND 9-47 CREATING
THE POWHITE PARKWAY-CHARTER COLONY PARKWAY
INTERCHANGE SERVICE DISTRICT, PROVIDING FOR THE
CONSTRUCTION OF ROAD IMPROVEMENTS, AND
IMPOSING A TAX ON PROPERTY LOCATED WITHIN THE DISTRICT
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
( 1)
That an Ordinance enacting Sections 9-40, 9-41,
43, 9-44, 9-45, 9-46 and 9-47 creating the
Parkway-Charter Colony Parkway Interchange
District, providing for the construction
improvements, and imposing a tax on property
within the District is enacted as follows:
9-42, 9-
powhite
Service
of road
located
Section 9-40. Definitions.
-
The following words shall have the following meaning
within this ordinance:
Director of Transportation: The Director of
Transportation of Chesterfield County, or his designee.
District: The Powhite Parkway-Charter Colony Parkway
Interchange Service District
Map of the District: The map entitled "Powhite Parkway-
Charter Colony Parkway Interchange Service District," dated
July 19, 2005, revised November 21, 2005, and prepared by the
County Department of Transportation, which map is on file
with the Director of Transportation, and which map shows the
boundaries of the District, all parcels located in the
District, and all specific parcels and areas within the
District that are to be excluded from the District
.,........
Plan of the District: The plan entitled "Plan for
powhite Parkway-Charter Colony Parkway Interchange Service
District Improvements," dated July 21, 2005 and prepared by
the County Department of Transportation, and as may be
subsequently amended, which map is on file with the Director
of Transportation, and generally shows the facilities to be
constructed within the District.
Proj ect: The design, right of way acquisition and
construction of the facilities described in Section 4 of this
Ordinance.
Zoning Conditions: The zoning conditions of
Chesterfield County zoning cases 86S117, 88SN0059 and 88S015
which require the landowners of property in the District to
05-940
11/22/05
obtain approval of a phasing plan for construction of the
facilities described in Section 9-43 prior to developing
their property.
Section 9-41. Establishment of powhite Parkway-Charter
Colony Parkway Interchange Service District.
Pursuant to Code of Virginia, Section 15.2-2400 et.
seq., and t:o Sections 2. 1 and 2.4 of the Charter of the
County of Chesterfield, there is hereby created in the county
the powhi t-e Parkway-Charter Colony Parkway Interchange
Service District.
Section 9-42. Boundaries of the District and Areas within
the District to be Excluded From the District.
a. The boundaries of the District shall be defined by
the perimeter boundary created by the inclusion of the
following County tax map parcels within the boundaries of the
District: Tax Map Parcels Nos. 7276987803; 7266974349;
7246945390; 7266950706; 7266948763; 7266940343; 7246936630;
7266938112; 7306917359; 7326940332; 7336951700; 7316962505;
7286958731; 7286952429; 7296960058; 1266953178; 7286972424;
7266957906; 725697001600002. Except as provided elsewhere in
this section, all real estate contained within the boundaries
of the parcels described in this section as of November 15,
2005 shall be contained within the District and subject to
the tax imposed pursuant to Section 9-44(a) (i). The
boundaries of the District are also graphically depicted on
the Map of the District.
b. 'I'he following parcels otherwise contained within
the District shall be excluded from the District: Tax Map
Parcels Nos. 725697001600001; 7256937338; 7276958516;
7276958845; 7286950263; 7286950764; 7286975402.
c. If the owner of any parcel of land excluded from the
District pursuant to subsection 9-42(b) conveys the parcel to
another owner, then the appropriateness of continuing the
exclusion shall be considered by the Board of Supervisors at
a public meeting of the Board promptly after the conveyance
occurs.
d. Notwithstanding the inclusion of the property
described in section 9-42(a) in the District, the
supplemental real estate tax imposed pursuant to section 9-
44(a) (i) shall not be imposed against (i) any improvement to
real estate within the District for ~1ich a total or partial
tax assessment is made by the real estate assessor effective
January 1, 2006; or (ii) any real estate upon which is
located parking, landscaping, sidewalks or other facilities
or structures, appurtenant to the improvements described in
subsection (i) of this paragraph.
Section 9-43. The Purpose of the District and the Facilities
and Services Proposed within the District.
The purpose of the District is to improve the
availability of transportation service available within the
District by constructing a single point, urban interchange.
The County of Chesterfield shall cause to be constructed in
the District:
05-941
11/22/05
a. A single point, urban interchange for traffic
entering and exiting the Powhite Parkway (State Route
76) and entering and exiting the Charter Colony Parkway
(State Route 754); and
b. A widening of Powhite Parkway from two lanes to
four lanes from a point approximately 3,000 feet east of
the single point, urban interchange to a point
approximately 3,000 feet west of the single point, urban
interchange.
The facilities to be constructed are generally depicted on
the Plan of the District, with the final design of the
facilities to be approved by the Director of Transportation
prior to construction. Construction of all facilities shall
meet the requirements of the Virginia Department of
Transportation.
In addition to the construction of the facilities, the County
shall provide maintenance service for the transportation
facilities constructed to serve the District, until such time
as the maintenance of such facilities becomes the
responsibility of the Virginia Department of Transportation.
Section 9-44. Plan for Providing the Facilities and Services
Within the District.
a. The design and construction of the
described in section 9-43 shall be financed
received from the following sources:
facilities
by revenue
-
i. In addition to the real estate tax imposed on
real estate and mobile homes in the County pursuant to
the County's annual tax levy, there shall be a
supplemental real estate tax of $0.15 per $100 of
assessed value placed on all real estate located within
the boundaries of the District, except for the real
estate excluded from the District. Such supplemental
real estate tax shall be recorded in the land books and
real estate assessment records of the County in the same
manner as other real estate taxes, and the exemptions
set forth in Division Three of Article II of Chapter 9
of the Code of Chesterfield County, 1997, as amended,
shall apply to such supplemental real estate tax in the
same manner as they apply to other real estates taxes in
the County; and
ii. The incremental increase in real estate tax
revenue generated from real estate located within the
District as a result of any increase in the assessed
value of real estate located in the District after the
effective date of this ordinance.
-
b. The County shall deposit all of the revenue
received as a result of the supplemental real estate tax
described in section 9-44(a) (i), and 50% of the incremental
increase in real estate assessment described in section 9-
44 (a) (ii) into an interest-bearing account and shall
segregate the revenue from other revenue maintained by the
County. The revenue received from the sources described in
this section shall be used exclusively for the design, right
of way acquisition and construction of the facilities
described in Section 9-43.
05-942
11/22/05
c. The phasing of completion of the Project shall be
approved by the Director of Transportation. The proj ect is
expected to be divided into three phases. Phase One shall be
the design phase wherein all facilities to be constructed
shall be designed by a competent professional engineer
selected in accordance with the Virginia Public Procurement
Act, Va. Code § 2.2-4300, et. seq. and all right of way which
the engineering design indicates will be necessary for the
Project shall be acquired by the County. Phase Two shall be
the construction of the widening of powhite Parkway (State
Route 76) dE~scribed in section 9-43 (b). Phase Three shall be
the construction of the single point, urban interchange
described in section 9-43 (a) . Each phase of the project
shall be pE!rformed promptly when the revenues deposited in
the separate account described in section 9-44(b) are
sufficient to accomplish the completion of that phase of the
project.
Section 9-4!S. Benefits Which can be Expected From the
provision of the Facilities and Services to
the District.
a. Each of the tax map parcels contained wi thin the
District consists entirely, or nearly entirely I of property
which is obligated to construct the facilities described in
section 9-43 of this Ordinance as a result of the Zoning
Condition. The creation of the District will benefit all
owners of property within the District by eliminating the
requirement that each landowner obtain approval of a phasing
plan for construction of the facilities prior to development
and by instead placing the responsibility for constructing
the facilities on the County.
b. The construction of facilities will also make the
real estate in the District more accessible to motor vehicles
traveling in and through the County by providing for the free
flow of traffic without substantial motor vehicle congestion.
Such increa.sed accessibility will improve the value of the
real estate in the District and facilitate the development of
the real estate within the District for its highest and best
use in accordance with the zoning for the property.
c. Prior to actual construction of the facilities, all
property wi thin the District will benefi t from the
transference of the responsibility for constructing the
facili ties from the landowners to the County because the
Zoning Condi tions require the landowners to obtain approval
of the phasing plan for construction of the facilities prior
to development. The transference of the responsibility for
constructing the facilities to the County pursuant to the
zoning Conditions will allow landowners to develop their
property without having to obtain such phasing approvals.
Adoption of this ordinance shall constitute approval by the
Director of' Transportation of the phasing plan required by
the Zoning' Conditions, insofar as it relates to the
facilities to be constructed pursuant to this ordinance.
However, nothing contained in this ordinance shall be
construed to affect in any way any requirement which pre-
dated the adoption of this ordinance for any property to be
dedicated to the County for the construction of any of the
facilities described in section 9-43.
05-943
11/22/05
Section 9-46. Review of Status of Service District.
,-
After the completion of the construction of Phase Three
of the project, as described in Section 9-44(c),
consideration of this ordinance shall be placed on the agenda
of the Board of Supervisors for the next meeting following
the completion, so that the Board may consider whether any
additional facilities and services are to be provided to the
real estate within the District, or what other action, if
any, should be taken with regard to the District.
Section 9-47. Recordation.
An abstract of this ordinance shall be recorded among
the land records of the Clerk of the Circuit Court of
Chesterfield County so as to place subsequent purchasers of
any property located in the District on notice of the
supplemental real estate tax imposed pursuant hereto.
(2) This ordinance shall take effect on January 1,
2006.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
16.B. TO CONS:IDER AN ORD:IRANCE AMEND1ŒNT RELAT:ING TO MOTOR
VEHiCLE REGiSTRATiON AND PROViD:ING FOR A FEE
Ms. Dickson stated this date and time has been advertised for
a public hearing for the Board to consider an ordinance
amendment relating to motor vehicle registration and
providing for a fee. She stated staff is proposing that the
Board eliminate the decal effective January 1, 2006, rather
than immediately upon adoption, and replace it with an annual
$20 registration fee, which will be billed on the personal
property tax bill like the decal fee has been. She provided
benefits of eliminating the decals and stated many localities
have eliminated decals or are considering elimination. She
further stated the decal has always been a significant tax
collection tool, noting that the county is now in a position
to pursue delinquent collections more efficiently than in the
past. She stated staff believes the vehicle decal is an
antiquated tool for enforcing tax collection and recommends
approval of the ordinance amendment.
In response to Mr. King's question, Ms. Dickson stated staff
believes the elimination of the decal will be revenue
neutral.
Mr. King stated he supports the ordinance amendment weighing
its benefits.
.......
Mr. Miller inquired whether the elderly and disabled would be
required to pay the $20 registration fee.
Ms. Dickson stated the elderly and disabled would be required
to pay the $20 fee. She further stated staff could explore
the possibility of personal property tax relief for the
elderly and disabled if the Board desires.
Mr. Miller stated he does not believe $20 is a large amount
of money per vehicle, but perhaps staff could take a look at
05-944
11/22/05
providing pE!rsonal property tax relief in the future to the
elderly and disabled.
Mr. Barber called for public comment.
No one came forward to speak to the ordinance amendment.
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND
RE-ENACTING SECTIONS 13-51, 13-52, 13-53. 13-54, 13-55,
13-56, 13-57, 13-58, 13-59. 13-60, 13-61, 13-62 and 13-63
RELATING T'O MOTOR VEHICLE REGISTRATION AND PROVIDING FOR A
FEE
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That SI9ctions 13-51, 13-52, 13-53. 13-54, 13-55, 13-56,
13-57,13-58,13-59.13-60,13-61,13-62 and 13-63 of the
Code of the County of Chesterfield, 1997, as amended, are
amended and re-enacted to read as follows:
Sec. 13-51. Required, exceptions.
(a) An annual registration fee is hereby imposed upon every
motor vehicle, trailer or semitrailer normall~r garaged,
stored or parked in the county.
(b) The provisions of this article shall not apply to the
following:
(1) Any vehicle exempted by the provisions of Code of
Virginia, §§ 46.2-663--46.2 -683, as amended, and
Code of Virginia, § 46.2--755, as amended;
(2) Any vehicle licensed pursuant to Code of Virginia,
§ 46.2-750, as amended; or,
(3) Any vehicle otherwise exempted by state law.
(c) A registration fee will not be charged on:
(1) Vehicles owned by a volunteer rescue squad;
(2) Vehicles owned by a volunteer fire department;
(3) Vehicles owned or leased by a volunteer police
chaplain. However, only one vehicle owntad by the
chaplain may qualify for t.he exemption provided by
this subsection;
(4) Any vehicle displaying special permanent plates as
approved and issued by the department of motor
vehicles pursuant to Code of Virginia, § 46.2-739,
as amended, to veterans with service-connected
disabilities; and
(5) Vehicles owned or leased by an active member of a
volunteer rescue squad, a volunteer fire
dE!partment, or an auxiliary police unit; provided
05-945
11/22/05
that the member submits to the treasurer a
certification, signed under oath by the chief or
head of the member I s volunteer organization,
certi fying the member I s active membership for the
six-month period prior to the registration fee
being due and payable. However, only one vehicle
owned by the member may qualify for the exemption
provided by this subsection.
Sec. 13-52. Grace periods.
(a) Purchasers of new or used motor vehicles are allowed a
90-day grace period, beginning wi th the date of
purchase, during which to pay the registration fee
imposed under this article.
(b) New residents of the county are allowed a 90-day grace
period, beginning with the date of residence in the
county, during which to pay the registration fee imposed
by this article.
Sec. 13-53. Amount of fee--Autamobilesl motorcycles.
The annual registration fee on each passenger motor
vehicle shall be $20.00. The annual registration fee on each
motorcycle shall be $10.00.
Sec. 13-54. Same--Certain vehicles not displaying current
plates.
A registration fee of $100.00 shall be imposed upon the
owner of every motor vehicle located in the county which
vehicle does not display current license plates, and which is
not exempted from the requirements of displaying such license
plates under the provisions of Code of Virginia, §§ 46.2-650-
46.2-750, as amended, Code of Virginia, § 46.2-1554, as
amended, Code of Virginia, § 46.2-1555, as amended, unless
the vehicle is in a public dump, in an automobile graveyard
as defined in Code of Virginia, § 33.1-348, as amended, or in
the possession of a licensed junk dealer or licensed
automobile dealer. Any vehicle which is stored on private
property for a period not in excess of 60 days for the
purpose of removing parts for the repair of another vehicle
shall be exempt from the provisions of this section. This
section shall not apply to any vehicle being held or stored
by or at the direction of any governmental authority, to any
vehicle owned by a member of the armed forces on active duty,
or to any vehicle regularly stored within a structure.
Sec. 13-55. Same--Trucks, trailers, buses, etc.
-
(a) The annual registration fee on each truck not designed
and used for the transportation of passengers, and not
otherwise exempt from taxation shall be $20.00.
(b) The annual registration fee on each trailer and
semitrailer shall be $6.50.
(c) In the case of a combination of tractor-trailer, or
semitrailer, each vehicle constituting a part of such
combination shall be registered as a separate vehicle
05-946
11/22/05
and a separate registration fee shall be paid for each
vehicle! .
(d) The annual registration fee on each motor vehicle,
trailer or semitrailer upon which well-drilling
machinery is attached, and which is permanently used
solely for transportation of such machinery, shall be
$12.00.
Sec. 13-56. Antique motor vehicles.
Upon rceceipt of an application on a form prescribed by
the treasurE:r, the treasurer may recognize owners of antique
motor vehicles as defined in Code of Virginia, § 46.2-100, as
amended. ThE:re shall be a one-time registration fee of $5.00
for the antique motor vehicle license while title to the
antique vehicle is vested in the applicant.
(Code 1978, § 14.1-22)
Sec. 13-57. Vehicle registration fee year.
The vehicle
1 of each year.
every year.
collected.
registration year shall commence on January
The annual fee shall be payable June 5 of
The fee may be collected as taxes are
Sec. 13-58. Reserved.
Sec. 13-59. Reserved.
Sec. 13-60. issuing; transferability; payment of personal
property taxes prerequisite to issuance.
Each person subject to this article shall apply for the
registration upon forms prescribed by the treasurer of the
county at places designated by the treasurer.
Failure to obtain the county registration or to pay the
registration fee pursuant under the provisions of this
article shall be considered a violation.
Sec. 13-61. Reserved.
Sec. 13-62. Restriction on keeping inoperable motor vehicles;
removal of such vehicles.
(a) It shall be unlawful for any person, firm or corporation
to keep, except within a fully enclosed building or
otherwise shielded or screened from view, on any
property zoned A, R, R-TH, R-MF, 0 and C, as those
zoning classifications are defined in chapter 19, any
motor vehicle, trailer or semitrailer, as such are
defined in Code of Virginia, § 46.2-100, as amended,
which is inoperable. As used in this section "shielded
or screened from view" means not visible by someone
standing at ground level from outside of the property on
which the subject vehicle is located.
(b) Notwithstanding subsection (a) above, not more than one
motor vehicle, trailer or semitrailer, as such are
defined in Code of Virginia, § 46.2-100, as amended,
which is inoperable may be kept outside of a fully
enclosed building, provided i tis shielded or screened
05-947
11/22/05
from view by covers, on any property zoned A, R, R-TH,
R-MF, MH-1, MH-2, 0 and C, as defined in chapter 19, if
the vehicle is kept in the rear yard of the property.
The rear yard shall be the yard extending between the
rear line of the lot and the nearest line of the rear of
the main building on the lot.
...-...
(c) The owners of property zoned A, R, R-TH, R-MF, MH-l, MH-
2, 0 and C, as defined in chapter 19, shall remove from
their property any inoperable motor vehicles, trailers
or semitrailers which are in violation of this section,
within ten days after being given notice by the county
to remove such inoperable motor vehicles, trailers or
semitrailers. Notice to remove shall be deemed given
when mailed by certified mail, return receipt requested,
to the same address to which real estate tax bills are
mailed to such owners of property. If the owners of the
property do not remove the inoperable motor vehicles,
trailers or semitrailers from the property within ten
days after being given notice to do so by the county,
then the county, its agent or employees may remove the
inoperable motor vehicles, trailers or semitrailers from
the property. After giving an additional ten days'
notice to the owners of the vehicles, the county may
dispose of such motor vehicles, trailers or
semitrailers. Notice of disposal of such motor vehicles,
trailers or semitrailers is given when mailed by
certified mail, return receipt requested, to the last
known address of the owner of the inoperable motor
vehicles, trailers or semitrailers. Notwithstanding the
other provisions of this section, if the owner of such
vehicle can demonstrate that he is actively restoring or
repairing the vehicle, and if it is shielded or screened
from view, the vehicle and one addi tional inoperable
motor vehicle being used for restoration or repair may
remain on the property.
(d) The cost of removal and disposal of the inoperative
motor vehicles, trailers and semitrailers shall be
chargeable to the owners of the property from which the
inoperable motor vehicles, trailers and semitrailers
were removed or to the owners of the inoperable motor
vehicles, trailers and semitrailers. The costs of
removal and disposal may be collected in the same way
that taxes and levies are collected. Every cost
authorized by this section against the owner of the
property from which the inoperative motor vehicles,
trailers and semitrailers was removed shall constitute a
lien against that property. The lien shall continue
until payment of the assessed costs have been paid.
(e) As used in this section, the term "inoperable motor
vehicle" means any motor vehicle which is not in
operating condition; or which for a period of 60 days or
longer has been partially or totally disassembled by the
removal of tires and wheels, the engine, or other
essential parts required for operation of the vehicle;
or on which there are displayed neither valid license
plates nor a valid inspection decal.
(f) This section shall not apply to any business lawfully
conducted on property that is zoned to permit the
keeping of inoperable motor vehicles, trailers or
05-948
11/22/05
semitrailers; nor shall this section apply to
business that on June 26, 1970, was regularly
business as an automobile dealer, sal vage
scrap processor.
a licensed
engaged in
dealer or
(g) Compliance with this section shall not exempt any owner
of an inoperable vehicle from the license tax imposed by
section 13-54 of this Code.
Sec. 13-63. Violations.
(a) Any person who violates any provision of sections 13-51
through 13-61 shall be guilty of a class 4 misdemeanor.
Any person who violates any provision of section 13-62
of this article shall be guilty of a misdemeanor
punishable as provided in section 1-5. The license
inspector shall have police powers while performing his
duties under the provisions of this article. The license
inspector may issue a citation, summons, or uniform
traffic summons, or have a warrant of arrest issued for
any p4:rson charging him with a violation of the
provisions of this article, as provided by law, and may
serve, or cause to be served, a copy of the citation,
summons, or uniform traffic summons, or cause the
warrant to be executed in the manner provided by law.
Return of the citation, summons, uniform traffic summons
or arrest warrant shall be made to the proper court as
provid.=d by law.
(b) No violation of this article by the registered owner of
the vehicle shall be discharged by payment of a fine
except upon presentation of satisfactory evidence that
the required registration fee has been paid.
'-.'
(2) That t.his ordinance shall become effective January I,
2006.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
16.C. TO CONSiDER AN ORDiNANCE WHiCH WOULD ALLOW THE BOARD
TO CONSiDER PETiTiONS FOR THE CREATiON OF COMMUNiTY
!!!y!LOPHENT AUTHORiTiES (CDAs )
Mr. Micas stated this date and time has been advertised for
the Board to consider an ordinance, which would allow the
Board to consider petitions for the creation of Community
Development Authorities (CDAs) for development or
redevelopment purposes.
Mr. Barber called for public comment.
Mr. Roger Habeck, representing The Community Development
Group, comnended the Board for considering the proposed
ordinance to allow consideration of petitions for the
creation of CDAs. He expressed concerns relative to the need
for tools to assist in redevelopment of distressed properties
and requested the opportunity to assist in developing the
rules and regulations of CDAs to ensure that small projects
not be excluded.
05-949
11/22/05
Mr. Steve Erie, representing the Chesterfield Business
Council, stated he supports the proposed ordinance and
applauded the Board for the leadership it has shown by
developing it.
There being no one else to speak to the ordinance, the public
hearing was closed.
-
On motion of Mr. Miller, seconded by Mr. King, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY ENACTING
SECTION 2-100 RELATING TO THE ACCEPTANCE OF AUTHORITY
TO CONSIDER PETITIONS FOR THE CREATION OF COMMUNITY
DEVELOPMENT AUTHORITIES
BE IT ORDAINED BY THE Board of Supervisors of Chesterfield
County:
(1) That Section 2-100
Chesterfield, 1997, as
follows:
of the
amended,
Code of the County
is enacted to read
of
as
Section 2-100. Authority to consider petitions for the
creation of community development
authorities.
-
In accordance with the authority granted by Va. Code §
15.2-5152 (D), the county hereby elects to assume the power
to consider the creation of community development authorities
pursuant to Article 6 of Chapter 51 of Title 15.2 of the Va.
Code.
(2) That this ordinance shall become effective immediately
upon its adoption.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
Mr. Barber stated this is another excellent tool that can be
used in the short term to encourage development and
redevelopment efforts.
Mr. Miller stated he believes this is an indication that the
Board is committed to addressing increased business
development in the county.
17. REMAiNiNG MANUFACTURED HOME PERMiTS AND ZONiNG REQUESTS
05SN0206
-
In Bermuda Magisterial District, DR. TAYLOR LYNE AND DR.
GEORGEANNA M. LYNE request rezoning and amendment of zoning
district map from Agricultural (A) and Corporate Office (0-2)
to Community Business (C-3) with Conditional Use to allow
outside runs. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
community mixed use. This request lies on 7.3 acres fronting
approximately 550 feet on the north line of Iron Bridge Road,
also fronting approximately 500 feet on the west line of
05-950
11/22/05
._~---~,-_.~_.."...,-
Chalkley Road and located in the northwest quadrant of the
intersection of these roads. Tax IDs 778-653-8082 and 779-
653-1379 (Sheet 26).
Ms. Rogers presented a summary of Case 05SN0206 and stated
staff recomn\ended approval of the rezoning request and denial
of the Conditional Use and that Proffered Condition 6 not be
accepted because of the potential for noise associated with
the outside runs. She further stated the Planning Commission
unanimously recommended approval and acceptance of the
proffered conditions, noting that the proffered condi tions
restricted the use in such a way that it should not adversely
affect the area.
Dr. Taylor LYne stated
recommendation is acceptable.
the
Planning
Commission's
Mr. Barber called for public comment.
No one came forward to speak to the request.
Mr. King made a motion, seconded by Mrs.
Board to approve Case 05SN0206 and
conditions.
Humphrey, for the
accept proffered
Mrs. Humphrey noted that this is the 40th year the Lyne family
has provided care for animals in the county.
Mr. Barber called for a vote on the motion of :Mr. King,
seconded by Mrs. Humphrey, for the Board to approve Case
05SN0206 and accept the following proffered conditions:
1. Prior to any site plan approval, right-of-way on the
north side of Iron Bridge Road (Route 10), as shown on
the plat titled "Plat Showing Three Parcels of Land With
Propos led Easements Lying In The Bermuda District,
Chesterfield County, Virginia Surveyed For Georgeanna M.
Lyne" prepared by Austin Brockenbrough & Associates,
L.L.P. and dated ...Tune 14, 2005, and the last revision
dated July 18, 2005 shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
2. Direct access from the property to Route 10 shall be
limited to one (I) entrance/exit, generally located
towards the western part of the property (the "Route 10
Access"). This access shall be limited to right-turns-in
and right-turns-out only. Direct access from the
property to Chalkley Road shall be limited to one (1)
entrance/exit, generally located at the northern
property line (the "Chalkley Road Access"). The exact
location of these accesses shall be approved by the
Transportation Department. Prior to any :site plan
approval that includes development with access to
Chalkley Road, an access easement, acceptable to the
Transportation Department, shall be recorded across the
property to provide shared use of the Chalkley Road
Access with adjacent properties to the north. (T)
3.
To provide an adequate
shall be responsible
improvements:
roadway
for
system, the developer
the following road
05-951
11/22/05
a. Construction of an additional lane of pavement
along the westbound lanes of Route 10 for the
entire frontage of the parcel identified as Tax ID
779-653-1379.
b. Construction of additional pavement along the
westbound lanes of Route 10 at the Route 10 Access
to provide a separate right turn lane.
-
c.
Construction of a sidewalk along the north side of
Route 10 for the entire property frontage. The
exact design and location of this improvement shall
be approved by the Transportation Department.
d. Reconstruction of Chalkley Road to obtain adequate
sight distance, as determined by the Transportation
Department, along Chalkley Road at the Chalkley
Road Access. The exact length and design of this
improvement shall be approved by the Transportation
Department.
e.
Construction of
along Chalkley
frontage.
an additional
Road for the
lane of
entire
pavement
property
f. Construction of additional pavement along Chalkley
Road at the Chalkley Road Access to provide left
and right turn lanes, based on Transportation
Department standards.
g. Modification of the traffic signal at the Chalkley
Road/Route 10 intersection, as determined by the
Transportation Department.
h. Dedication to Chesterfield County, free and
unrestricted, any additional right-of-way (or
easements) required for the improvements identified
above. In the event the developer is unable to
acquire any "off-site" right-of-way that is
necessary for the road improvements described in
Proffered Condition 3, the developer may request,
in writing, that the County acquire such right-of-
way as a public road improvement. All costs
associated with the acquisition of the right-of-way
shall be borne by the developer. In the event the
County chooses not to assist the developer in
acquisition of the "off-site" right-of-way, the
developer shall be relieved of the obligation to
acquire the "off-site" right-of-way and shall
provide the road improvements within available
right-of-way as determined by the Transportation
Department. (T)
4. Prior to site plan approval, a phasing plan for the
required road improvements, as identified in Proffered
Condition 3, shall be submitted to and approved by the
Transportation Department. The approved phasing plan
shall require the road improvements identified in
Proffered Conditions 3.d., 3.e, 3.f, and 3.g. to be
provided with development that includes the Chalkley
Road Access. In addition, the approved phasing plan
shall require the right turn lane, described in
Proffered Condition 3.b., to be provided with any
05-952
11/22/05
development that would cause the property's anticipated
trip generation to equal or exceed 3,000 trips per day
at the Route 10 Access, as determined by the
Transportation Department. (T)
5. With the exception of timbering which has been approved
by the Virginia State Department of Forestry for the
pUrpOSE! of removing dead or diseased trees, there shall
be no timbering on the property until a land disturbance
permit has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. (EE)
6. OutsidE~ run areas shall not exceed fifty percent (50%)
of the gross floor area of the principal use. (P)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05SN0295
In Dale Magisterial District, FINER HOMES, INC. requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12). Residential use of
up to 3.63 units per acre is permitted in a Residential (R-
12) District. The Comprehensive Plan suggests the property
is appropriate for residential use of 1.0-2.5 dwelling units
per acre. This request lies on 62.8 acres fronting
approximately 1,350 feet on the south line of Kingsland Road,
also fronting approximately 1,450 feet on the west line of
Salem Church Road and located in the southwest quadrant of
the intersection of these roads. Tax IDs 776-671-9866; 777-
671-1902 and 6199; 778-671-2430; and 778-672-0924 (Sheets 17
and 18) .
Ms. Rogers presented a summary of Case 05SN0295 and stated an
addendum submitted by the applicant corrects a typographical
error in Proffered Condition 6, as well as amends Proffered
Condition 3 to reduce the number of proposed lots from 125 to
110. She noted the Board would need to suspend its rules to
consider the amended Proffered Condition because it was not
submitted prior to advertisement of the request. She further
stated the Planning Commission and staff recommended approval
and accepta.nce of the proffered conditions. She noted the
request complies with the Central Area Plan.
.----
Mr. Andy Scherzer, representing the applicant, stated the
recommendation is acceptable. He further stated the
applicant has agreed to improve over one-half mile of road
frontage on Kingsland and Salem Church Roads in ac1di tion to
providing a full cash proffer. He stated the students
generated by the proposed development can be accommodated in
the county's school system, with the improvements at Bird
High School and the recent redistricting. He requested the
Board's support of the proposed development.
Mr. Barber called for public comment.
Mr. James Spencer, a resident of Kingsland
Finer Homes for amending their proposal.
concerns relative to drainage issues and
widening Kingsland Road from the site of
Road,
He
the
the
commended
expressed
need for
proposed
05-953
11/22/05
development to Route 10, indicating that it is inadequate to
handle additional traffic.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Miller called forward Mr. McCracken.
-
Mr. McCracken stated the applicant will overlay and pave each
section of Kingsland and Salem Church Roads fronting the
proposed development, provide right of way to straighten the
road and provide for other future improvements, and also
revise the centerline to address the drainage issue referred
to by Mr. Spencer. He further stated, without the proposed
development, it could be a long time before improvements
would be made in this area, indicating that it has been on
the Capital Improvement Program project list and the county's
Six-Year Plan for road improvements for nearly 15 years.
He stated the drainage improvements might be corrected with a
culvert, but a bridge is more than likely necessary to
address the alignment and drainage issues.
-
Mr. McElfish stated the area that drains into the vicinity of
the proposed development is very large and includes the
airport and industrial park property, as well as property
west of Route 288. He further stated the proposed
development is so small that the water should drain off of
the property before the water from upstream arrives unless
there is a large amount of rain for several days at a time.
He noted the applicant will be required to meet Chesapeake
Bay Act standards, and although the drainage situation may
not be improved, it will also not worsen. He noted the
drainage situation is a result of water drainage from
upstream.
Mr. Scherzer stated he feels the applicant is doing his fair
share, through the cash proffers and other improvements, in
addressing the road and drainage issues.
Mr. Miller stated he considers the request infill
development, and is pleased that the applicant has reduced
the density from 2.0 to 1.75. He further stated he sees no
improvements to Kingsland Road anytime soon without the
proposed development, and there are no school capacity issues
in this area.
Mr. Miller then made a motion, seconded by Mr. Warren, for
the Board to suspend its rules to allow for consideration of
the amended proffered conditions.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
,........
On motion of Mr. Miller, seconded by Mr. King, the Board
approved Case 05SN0295 and accepted the following proffered
conditions:
1. Public water and wastewater shall be used. (U)
2. The applicant, subdivider, or assignee(s) shall pay the
following, for infrastructure improvements within the
service district for the property, to the county of
Chesterfield prior to the issuance of building permit:
05-954
11/22/05
A) $15,600.00 per dwelling unit, if paid prior to July
1, 2006; or
B) The amount approved by the Board of Supervisors not
to exceed $15,600.00 per dwelling unit adjusted
upward by any increase in the Marshall and Swift
building cost index between July 1, 2005, and July
1 of the fiscal year in which the payment is made
if paid after June 30, 2006,
C)
Cash proffer payments
purposes prof fered or
law. (B&M)
shall be spent for the
as ()therwise permi tted by
3. The maximum density of this development shall not exceed
one hundred and ten (110) lots. (P)
4. Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been
obtainE~d from the Environmental Engineering Department
and the approved devices installed. (EE)
5. Direct access from the property to Kingsland Road and to
Salem Church Road shall be limi ted to one (I) public
road onto each roadway. The exact location of these
accesses shall be approved by the Transportation
Department. (T)
6. Except for one driveway to serve the existin9 home on
GPIN 778-671-2430, there shall be no private driveway
access to Salem Church or Kingsland Roads. (T)
7. Prior to tentative subdivision approval, a revised
centerline for Kingsland Road based on VDOT Urban Minor
Arterial Standards (50 MPH) with any modifications
approved by the Transportation Department, shall be
submitted to and approved by the Transportation
Department. In conjunction with recordation of the
initial subdivision plat, forty-five (45) feet of right-
of-way along the south side of Kingsland Road, measured
from the centerline, and thirty-five (35) feet of right-
of-way along the west side of Salem Church Road,
measured from the centerline of that part of the roadway
immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
8. To provide an adequate roadway system, the developer
shall be responsible for the following improvements:
A) Construction of additional pavement along Kingsland
Road and along Salem Church Road a t each approved
access to provide left and right turn lanes, if
warranted, based on Transportation Department
standards.
B)
Widening/improving
to an eleven (11)
from the existing
additional one (1)
the south side of Kingsland Road
foot wide travel lane, measured
centerline of the road, with an
foot wide paved shoulder plus a
05-955
11/22/05
seven (7) foot wide unpaved shoulder, and
overlaying the full width of the road with one and
a hal f (1.5) inch of compacted bi tuminous asphal t
concrete, with any modifications approved by the
Transportation Department, for the entire property
frontage.
C) Relocation of the ditch along Salem Church Road to
provide an adequate shoulder, as determined by the
Transportation Department, for the entire property
frontage.
D) Dedication to and for the benefit of Chesterfield
County, free and unrestricted, of any additional
right-of-way (or easements) required for the
improvements identified above. (T)
9. Prior to any construction plan approval, a phasing plan
for the required road improvements, as identified in
Proffered Condition 8, shall be submitted to and
approved by the Transportation Department. (T)
10. All required buffers shall be located wi thin recorded
open space. (P)
II. Manufactured homes shall not be permitted. (P)
12. The following shall be recorded as restrictive covenants
in conjunction with the recordation of any subdivision
plat:
-
A) No manufactured homes, as defined by the Code of
Virginia, shall be allowed to become a residence,
temporary or permanent.
B) No family daycare homes (providing care to more
than five (5) children) or group care facilities,
as defined by the Chesterfield County Code, shall
be permitted in any dwelling unit. (P)
13. The minimum gross floor area for each new dwelling unit
shall be 1800 square feet. A maximum of thirty (30)
homes shall be permitted to have a gross floor area of
less than 2,000 square feet. (BI & P)
14. All exposed portions of the foundation of each new
dwelling unit shall be faced with brick or stone veneer.
Exposed piers supporting front porches shall be faced
with brick or stone veneer. (BI & P)
15. In conjunction with the recordation of the initial
subdivision plat, a public pedestrian access easement,
of approximately thirty (30) feet in width along Reedy
Branch Creek, shall be dedicated free and unrestricted,
to and for the benefit of Chesterfield County. The exact
location, width and treatment of this easement shall be
approved by the Parks and Recreation Department. (P&R)
16. The following shall be recorded as deed restrictions in
conjunction with the recordation of any subdivision
plat:
A) Proposed Declaration of Protective Covenants:
05-956
11/22/05
1. No lot shall be used except for residential
purposes. No business uses (profit or non-
profi t) including home occupations shall be
conducted on the premises. Home occupations
may be perrni t ted if approved by the
Homeowners' Association. (P)
2. No improvements including, without limitation,
a dwelling, accessory structure, or addition
such as a carport, driveway, porch, sidewalk,
roof, lamp post, fence, garage, or other
ou tbui ldings , landscaping, or, to the extent
permitted by law, antenna, or similar device,
or change in the exterior color or siding
material shall be made, erected, altered, or
replaced unless two sets of detailed plans and
specifications, including a site plan locating
all such improvements and describing exterior
finishes (material and color, including roof)
have first been submitted to and approved by
Declarant in writing.
3. Declarant reserves unto itself the right and
privilege to install gas lines, water lines,
sewer lines, storm sewers, electric lines,
telephone and telegraph poles, lines and
wires, and other utili ties and appurtenances
in the street and roads of the Subdivision and
along the property linE:'!s of the Lots, and to
grant t,o other persons, companies, or
corporations any or all of such rights and
privileges, but the reservation of such rights
shall not relieve any grantee form the
obligation to pay the usual and customary
charges made with respect to his Lot for the
installation and/or connection of utilities.
4. In considering requests for approval of fences
and hedges, the following general guidelines
will be applied:
a. No fence shall be permitted in the front
yard of any Lot (between the building
setback line and street line).
b.
No fence or hedge shall
permitted higher than 42
Lot.
generally
inches of
be
any
c. No chain link fences or fences of other
materials similar in nature or appearance
will be permitted on any Lot.
5. Declarant may in its absolute discretion waive
or modify these guidelines and consider such
other criteria as it shall deem appropriate.
i
I
I
I
6.
No sign of any kind shall be displayed to
public view on any Lot, unless first approved
in writing by Declarant, except on sign of
notmore than four (4) square feet advertising
the property for sale or rent, or signs used
05-957
11/22/05
by a the initial construction and sales
period.
7.
No use shall be made of any Lot, or any part
thereof which constitutes a nuisance or which
would adversely affect the value or
marketability of other Lots, No stables,
swine, sheep, cows, or the like shall be
permitted on any Lot. All trash, garbage
and/or rubbish shall be kept in sanitary
containers located so as not to be visible
from a public street except as necessary for
limited times in connection with pickup and
removal by disposal services and except during
periods of construction.
-
8. No driveway, entranceway, or sidewalk shall be
constructed on any Lot unless approved as
provided in paragraph 2.
9. No swimming pool shall be located nearer to
any street line than the rear building line of
the dwelling.
10. No structure of a temporary character or any
trailer, tent, barn, or other outbuildings
shall be used on any Lot at any time as a
residence, either temporarily or permanently.
-
11. No trees over six (6) inches in diameter shall
be removed from any Lot without the prior
written approval of Declarant.
12. No portable air conditions units will be place
in any window of a dwelling or other building
if visible from a public street.
13.
No exterior television antenna
"dish" type) or other antennas
permi t ted to extend over five ( 5 )
the roofline of any building,
otherwise permitted by law.
(including
shall be
feet above
except as
-
14. No motor vehicle will be parked on or adjacent
to any Lot which does not have a current state
license, state inspection sticker, and county
license, and no commercial vehicle, such as a
school bus, delivery truck, or other large
vehicle or equipment will be parked on a
street in the subdivision or on any Lot. No
recreational vehicle (mobile home, camping
trailer, and other similar vehicles) shall be
parked on a street in the Subdivision or on a
Lot except in a driveway shown on plans that
have been approved as provided in Paragraph 2.
15. Anyone or more of the covenants or
restrictions imposed by paragraphs 1 through
14 above may be waived or modified, in whole
or in part, as to the entire Subdivision or
and part thereof, by written instrument signed
by Declarant and recorded where these
restrictions are recorded.
05-958
11/22/05
16. In addition to the foregoing conditions and
restrictions, the IJots shall be subject to
easements for drainage and utilities,
including power and telephone lines, as shown
on the plat, and any ot.her easements of record
at the time of conveyance of any Lot.
17. Invalidation of anyone of the provisions of
these restrictions by judgement, court order,
or otherwise shall in no way affect any of the
other provisions which shall remain in full
force and effect.
18. Declarant reserves the right to assign and
transfer to any person, persons, or entity
some or all of its rights provided herein and
in such event such transferee shall have and
may exercise all such rights to the same
extent as if he, they, or it were the
Declarant.
19. Declarant. shall have the full right and
privilege to enforce all restrictions and
conditions contained herein by appropriate
proceeding at law for damages and/or in equity
for appropriate injunctive relief and
restraining orders to prevent violations, or
to require violations to be corrected,
together with damages sustained including,
without limitation, attorneys' fees and costs.
In addition, any Owner shall have, after
seventy-five percent (75%) or more of the Lots
have been conveyed to purchasers other than
builders, the right to enforce compliance with
these restrictions as provided in this
paragraph.
20. These restrictions shall run with the land and
be binding upon any and all succeeding owners,
their personal representatives, estates,
heirs, devisees, assigns, or successors in
interest or any other partied having or taking
an interest in or to the Property, or any part
thereof, and shall automatically be! extended
for successive periods of ten (10) years
unless otherwise provided in a written
instrument executed by the owners of a
majority of the Lots in the Subdivision unless
a release, waiver f or breach of anyone or
more of the restrictions contained herein or
any part thereof is req~ired or agreed to by a
court or governmental authority having
jurisdiction over the Property.
21. Declarant, as owner of all of the Property
subjected to the Declaration, shall, at such
time as it deems appropriate, cause to be
incorporated under the laws of the
Commonwealth of Virginia a non profit
corporation to be named "Bendahl Valley
Homeowner's Association" or a similar name
(the "Association").
05-959
11/22/05
-
22. All Owners shall be members ("Members") of the
Association and shall be entitled to one (1)
vote, per each Lot owned by them (provided,
however, that if a Lot is owned by more than
one owner, the owners of such Lot shall be
enti tIed to only one vote between them), on
all matters which are required to be decided
by a vote of the Members of the Association.
23. The Members shall annually elect a five (5)
member board of directors (the "Board of
Directors" ) which shall be responsible for
operating the Association, provided, however,
that until such time as eighty-five percent
(85%) of the Lots are owned by persons other
than builders of the Declarant, the Board of
Directors shall consist of five (5) directors
all of whom shall be selected by the
Declarant.
24. Each year the Board of Directors shall prepare
an annual budget (the "Budget") containing an
itemization of the expenses, which it
anticipates, the Association will incur during
the upcoming year to fulfill its
responsibili ties hereunder. The Budget shall
be sent to each owner together with a notice
of assessment (the "Annual Assessment") for
the owner's pro rata share of the budget,
which shall be computed by dividing the total
Budget by the number of Lots. Upon receipt of
the Annual Assessment, each Owner shall be
required to make payment of the same in the
manner designated by the Board of Directors.
25. In addition to any Annual Assessments, the
Association may levy in any assessment year a
special assessment (the "Special Assessment")
applicable to that year only for the purpose
of defraying in whole or in part the cost of
any reconstruction, unexpected repair, or
replacement of a capital improvement,
including the necessary fixtures and personal
property related thereto, provided that any
such Special Assessment shall have the consent
of the Owners of two-thirds (2/3) of the lots.
-
26. Any Annual Assessment of Special Assessment
(the "Assessments") which is not paid by an
Owner within such time as shall be determined
by the Board of Directors shall bear interest
at a rate per annum determined by the Board of
Directors from such date until paid and shall
consti tute a lien upon the Lot owned by such
Member. Such lien shall have priority over all
other liens including, without limitation,
mortgages, deeds of trust, or any other lien
hereafter placed upon any Lot, except a first
mortgage of deed of trust securing a loan by a
bona fide institutional lender to which such
lien shall be subordinate. No Owner may waive
or escape liability for the assessments
05-960
11/22/05
hereunder for any reason. No sale or other
transfer shall relieve any owner from
liability for any Assessments due nor any Lot
from the lien of any Assessments. The amount
of any such lien may be enforced by suitor
otherwise at the election of the Association
and the Owner shall be required to reimburse
the Association for all attorneys I fees and
expenses incurred in so doing, the amount of
which shall also constitute a lien on the Lot
as herein provided. Notwithstanding the above,
a party who acquires title to a Lot by virtue
of the foreclosure of lien secured by a first
mortgage of deed of trust to which this lien
is subordinate or by a deed or assignment in
lieu of foreclosure any liability of lien
chargeable to such Lot on account of any
period of time prior to such acquisition of
title. Said acquiring party shall, however, be
bound by the provisions of this Declaration
including, without limitation, Assessments
effective after said acquisition of title.
2'7.
The Declarant hereby reserves the right,
Declarant's sole discretion, to add
Additional Land to the property subject to
Declaration of Protective Covenants. (P)
at
the
the
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
06SNOl14
In Bermuda Magisterial District, INTERNATIONAL TRUCK SALES OF
RICHMOND, INC. requests rezoning and amendment of zoning
district map from Light Industrial (I-I) to General
Industrial (1-2) with Conditional Use to permit truck service
and repair and retail sale of truck parts. The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for light industrial use. This
request lies on 4.1 acres fronting approximately 160 feet on
the south line of West Hundred Road, also fronting
approximately 780 feet on the north line of Ware Bottom
Spring Road. Tax IDs 805-653-3722 and 7422 (Sheet 27).
Ms. Rogers presented a summary of Ca.se 06SNOl14 and stated
the Planning Commission and staff recommended approval
subject to one condition and acceptance of the proffered
condi tions . She noted the request conforms to the
Consolidated Eastern Area Plan and that the county's zoning
ordinance addresses screening of outside storage areas and
areas used to store vehicles which are awaiting body or major
engine repair.
Mr. Mark Igou, representing the applicant,
recommendation is acceptable.
stated the
Mr. Barber called for public comment.
Ms. Andrea Epps stated truck repair businesses are very
important and necessary facilities.
05-961
11/22/05
There being no one else to speak to the request, the public
hearing was closed.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved Case 06SN0114 subject to the following conditions:
-
The retail sale of truck parts shall be accessory to, and
only in conjunction with the truck service and repair
operation. (P)
And, further, the Board accepted the following proffered
conditions:
1. Within sixty (60) days of a request by the
Transportation Department, right-of-way on the south
side of West Hundred Road (Route 10) as shown on the
Route 10 widening plans (VDOT Project 0010-020-127, C-
501, RW-201) shall be dedicated, free and unrestricted,
to and for the benefit of Chesterfield County. (T)
2. There shall be no direct access from the property to
Route 10. (T)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
18. ADJOURNMENT
-
On motion of Mr. Barber, seconded by Mr. Miller, the Board
adjourned at 9:11 p.m. until December 14, 2005 at 3:30 p.m.
Ayes:
Nays:
Barber, King, Humphrey, Miller and Warren.
None.
-
L-,>/,.f"" ,. I)'
(·¿:lhk·~/}'(~7 (j ÓU<>{
Edward B. Barber
Chairman
05-962
11/22/05