01-25-2006 Minutes
BOARD OF SUPERVISORS
MINUTES
January 25, 2006
Supervisors in Attendance:
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Mr. R. M. "Dickie" King, Jr.,
Chairman
Mr. Kelly Miller, Vice Chrm.
Mr. Edward B. Barber
Mrs. Renny Bush Humphrey
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
Dr. Billy Cannaday, Jr.,
Supt., School Board
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Roy Covington, Dir.,
Utilities
Capt. Ben Craft, Sheriff's
Office
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Charles Dane, Airport
Manager
Mr. Jonathan Davis,
Real Estate Assessor
Ms. Rebecca Dickson, Dir.,
Budget and Management
Mr. James Dunn, Mgr.,
Meadowville Tech. Park
Mr. Robert Eanes, Asst. to
the County Administrator
Ms. Lisa Elko, CMC,
Clerk
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Joseph A. Horbal,
Commissioner of Revenue
Mr. Thomas E. Jacobson,
Dir. of Revitalization
Ms. Kathryn Kitchen, Asst.
Supt. of Schools for
Business and Finance
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Michael Mabe, Dir.,
Libraries
Chief Paul Mauger,
Fire and EMS Dept.
Mr. R. John McCracken,
Dir., Transportation
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Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Dr. William Nelson, Dir.,
Health Department
Mr. Francis pitaro, Dir.,
General Services
Mr. .James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. Kirk Turner, Dir.,
Planning
Mr. King called the regularly scheduled meeting to order at
3:44 p.m.
1. APPROVAL OF MINUTES FOR JANUARY 11, 2006
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
approved the minutes of .January 11 2006, as submitted.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. GREATER RICHMOND PARTNERSHIP REPORT
Mr. Gregory Wingfield, President. of the Greater Richmond
Partnership, updated the Board on acti vi ties: of the
partnership. He stated the partnE!rship is currently dealing
wi th 342 active prospects, 80 of which are considered "hot 11
clients. He further stated the partnership is now
implementing the second half of its marketing acti vi ties,
which includes visits to California and the United Kingdom in
the next few weeks. He presented the Board with a packet of
materials, including an information sheet provided by the
partnership at trade shows and in various publications; a
summary of action items from the partnership's fall retreat;
and a copy of "The Partnership Promi13e," a report provided by
the partnership to local investors. He stated the partnership
is continuing to look at the issues raised by Board members
concerning the county's funding of the partnership.
.-.
In response to Board members' questions, Mr. Wingfield
stated, although he cannot predict future growth, the
partnership is currently very busy wi th prospect visi ts. He
further stated the organization has had the same number of
employees (10) for the past 12 years.
Mr. Miller requested that Mr. Wingfield provide the Board
with the partnership's financial audit information.
Discussion ensued relative to the types of new industries
showing interest in the area and to the partnership providing
assistance in the marketing of Cloverleaf Mall.
Mr. King expressed appreciation to Mr. Warren for serving as
the county's representative on the partnership, and also
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thanked Mr. Wingfield for updating the Board on the
partnership's activities.
2.B. LEGISLATIVE UPDATE
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Ms. Curtin provided an update on General Assembly activities.
She stated the county's legislative request regarding
transportation service districts was approved in the House
today and will be going to the Senate; the request regarding
suspension of group home licenses was approved in the Senate
and will be going to the House; and the request relating to
rollback taxes and property splits is on the Senate floor on
the uncontested calendar. She further stated the other county
legislative requests regarding group home issues are being
addressed in committees.
Discussion ensued relative to the group
issue and various transportation proposals
House and Governor.
home exportation
from the Senate,
In response to Mr. Miller's question, Ms. Curtin stated she
has not seen any legislative requests regarding the transfer
of secondary road responsibilities.
Mrs. Humphrey requested that Ms. Curtin provide her with
details relative to legislative requests regarding not-for-
profit day care facilities, so that she can respond to
questions she has had from various organizations.
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Discussion ensued relative to the various group home
legislative requests.
In response to Mr. Warren's question, Ms. Curtin stated there
are no legislative requests relative to capping cash
proffers.
Mr. King thanked Ms. Curtin for keeping the Board updated on
General Assembly activities.
3. BOARD COMMITTEE REPORTS
Mrs. Humphrey invited everyone to watch
James Farrior play in the Super Bowl as
Pittsburgh Steelers team.
Matoaca
a member
athlete
of the
4. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE
ORDER OF PRESENTATION
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On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
added Item 8. B. 5. f., Request for permission from Daniel A.
Gecker and Elizabeth A. Gibbs for permission for a Proposed
Pool House, Pond and Retaining Wall to Encroach Within a Ten-
Foot Easement Across Lot 21, Block F, Crestwood Farms,
Section B; added Item 8. B .14., Lease of Property for the
Meadowville Technology Park Development Manager with Ukrop's
Supermarkets, Incorporated; added Item 8.B.15., Award of
Contract for Low-Power AM Radio Systems provision and
Installation to Northrop Grumman and Information Station
Specialists; added Item 8.B.16.a., Transfer of District
Improvement Funds from the Bermuda District Improvement Fund
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to the School Board to Purchase Band Uniforms for Thomas Dale
High School; added Item 8.B.16.b., Transfer of District
Improvement Funds from the Dale District Improvement Fund to
the Parks and Recreation Department to Purchase a Storage
Shed for Athletic Equipment at the Hening Elementary School
Sports Complex; replaced Item 10.B., Report on the Status of
General Fund Balance, Reserve for Future Capital Projects,
District Improvement Funds and Lease Purchases; and adopted
the agenda, as amended.
Ayes: King, Miller, Barber, HumphrE~y and Warren.
Nays: None.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
There were no resolutions or special recognì tions at thi s
time.
6. WORK SESSIONS
o PROPOSED FY2007 - 2012 CAPITAL iMPROVEMENT PROGRAM
Mr. Jay Payne, Budget Manager, provided a 2004 bond
referendum update, reviewing the projects financed with the
first series of bonds sold in February 2005 and those to be
financed with the second series of bonds to be sold in
February 2006. He then presented an overview of the proposed
FY2007-2012 Capital Improvement Program. He reviewed a
comparison of debt ratio and debt service expenditures and
the composition of the proposed CIP. He reviewed proposed CIP
county only revenue and expendi tun? summaries.
In response to Mr. Miller's question, Mr. Payne stated debt
service expenditures represented approximately 7 percent of
the FY2005 total general fund budget. He then highlighted
various project allocations designated in the FY2007-2012
CIP. He noted there are no new Parks and Recreation projects
in the CIP.
Mr. King noted that both the Lowe's Soccer ComplE=x and the
Chester Community Arts Center are moving forward.
Mrs. Humphrey requested that Mr. Golden provide her with a
report of funding in the current budget for expansion of
Matoaca Park.
Discussion ensued relative to a legislative proposal
currently before the General Assembly that would restrict the
hours of play at sports facilities located within 65 yards of
a residential community.
Ms. Curtin stated, because of the tremendous amount of
opposi tion to the restrictE=d hours, she anticipates the
patron to withdraw the legislative request. She further
stated she will keep the Board advised regarding the status
of the bilL
Mr. Payne provided details of proj ect allocations designated
for public safety, regional pro~i ects and technology
improvements.
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Mr. Ramsey noted that the state provides funding for
buildings for the Community College System, and localities
are responsible for funding parking and infrastructure. He
stated John Tyler Community College has a major building in
the governor's budget, and the county has been requested to
provide funding for parking and other infrastructure.
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Mr. Payne provided
allocations.
details
of
transportation
project
Mr. Warren expressed concerns relative to the need to expand
Powhite Parkway and inquired whether it would be possible to
have a bond referendum sooner than planned since the debt
ratio is not as significant as it has been in the past.
Mr. Ramsey stated it is always possible to have a referendum
earlier than planned, but the county must have the resources
to pay the additional debt. He further stated, although there
is no specific timeframe for holding a referendum, the county
has typically done so every 6 or 7 years. He noted a special
referendum was held in the late 1980's to fund the Route 288
and Powhite Parkway projects.
Mr. King thanked Mr. Payne for the informative presentation.
7. DEFERRED ITEMS
There were no deferred items as this time.
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8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
suspended its rules at this time to allow for simultaneous
nomination/reappointment of members to serve on the
Disability Services Board.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
o DISABILITY SERVICES BOARD
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On motion of Mr. Miller, seconded by Mr. Barber, the Board
simul taneously nominated/reappointed Mr. William Eckard and
Ms. Margaret Fields, representing the Midlothian District;
Ms. Melanie Green, representing the Dale District; Rev.
Charles Jackson, Mr. Joseph Seay, Ms. Johnna Throckmorton and
Ms. Ellen Trimble, representing the county at-large; Ms.
Linda VanAken, representing the Bermuda District, and Ms.
Joyce Sanders, representing the Clover Hill District, to
serve on the Disability Services Board, whose terms expire
December 31, 2008.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
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8.B. CONSENT ITEMS
On motion of Mr. Miller, seconded by Mr. Barber, the Board
removed the following items from the Consent Þ..genda for
public comment: Item 8. B. 8. , Request to Aid in the
Acquisition of Offsite Easements for Kalyan Plaza; Item
8. B .10., Approval of Partial Quiet Zone in the Vicinity of
the Bermuda Orchard Lane/CSX Railroad Crossing; Item 8.B.15.,
Award of Contract for Low-Power .AM Radio Systems provision
and Installation to Northrop Gruwnan and Information Station
Specialists; Item 8.B.16.a., Transfer of District Improvement
Funds from the Bermuda District Improvement Fund to the
School Board to Purchase Band Uniforms for Thomas Dale High
School; and Item 8.B.16.b., Transfer of District Improvement
Funds from the Dale District. Improvement Fund to the Parks
and Recreation Department to P1.n~chase a Storage Shed for
Athletic Equipment at the Heninçr Elementary School Sports
Complex.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.B.l. AWARD THE TREATABILITY STUDY FOR THE ADDISON/EVANS
WATER TREATMENT PLANT TO BLACK AND VEATCH CC)RPORATION
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
awarded a contract to Black and Veatch Corporation in the
amount of $186,828 to perform a treatability study for the
Addison/Evans Water Treatment Plant.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.B.2. ADOPTION OF RESOLUTIONS
8.B.2.a. RECOGNIZING MR. GARY A. HARTLE, UTILITIES
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mrs. Humphrey, seconded by Mr. vJarren, the Board
adopted the following resolution:
WHEREAS,
Chesterfield
2006; and
Mr. Gary A.
County's Utilities
Hartle will
Department on
retire from
FE:!bruary 1,
WHEREAS, Mr. Hartle began his publi.c service with
Chesterfield County on February 13. 1989, as a Senior
Engineering Assistant for the Utilities Department; and
WHEREAS, after working for the City of Colonial Heights
for ten years, in 1989 Mr.. Hartle brought his extensive
knowledge and skills to Chesterfield County working" as Senior
Engineering Assistant; and
WHEREAS, from 1989 to 1991, !vIr. Hartle became proficient
in the zoning and subdivision standards/ordinances and
applied this talent to evaluate the availability of water and
wastewater service to propE:!rties under consideration for
development; and
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WHEREAS, as Senior Engineering Assistant, Mr. Hartle
became very familiar with the use of water and wastewater
models; and
WHEREAS, in 1991, he was promoted to an Engineer and
then to Senior Engineer in 2003; and
,..........
WHEREAS, in 1995, Mr. Hartle became a member of the
department's Product Design and Review Committee and served
faithfully until his retirement dedicating his time and
knowledge to the committee's primary objective of reviewing
and evaluating new products and design/ construction
standards for water and wastewater systems; and
WHEREAS, Mr. Hartle represented the Utilities Department
on all site plan projects as a team member of the Site Plan
Team; and
WHEREAS, in recognition of his unique aptitude,
attitude, and attention to detail, and his desire to perform
well, Mr. Hartle received successive promotions within the
Utilities Department and letters from customers for teamwork
and customer service; and
WHEREAS, throughout his career, Mr. Hartle has
maintained a personal objective to ensure that the Utilities
Department and the citizens were well served.
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NOW, THEREFORE, BE IT RESOLVED
County Board of Supervisors recognizes
extends on behalf of its members
Chesterfield County, appreciation for
of exceptional service to the county.
that the Chesterfield
Mr. Gary A. Hartle and
and the citizens of
his more than 16 years
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.B.2.b. REQUIRING LOCALITIES TO PREPARE WATER SUPPLY PLANS
THAT IDENTIFY FUTURE WATER RESOURCE NEEDS AS
MANDATED BY THE STATE OF VIRGINIA
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the Commonwealth of Virginia has mandated that
all localities in the state prepare a Water Plan that
addresses present and future drinking water needs; and
WHEREAS, the plan may be accomplished by each locality
or several localities may join together to prepare a regional
plan that shows each locality's needs; and
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WHEREAS, the Board of Directors of the Appomattox River
Water Authority has concluded that a Regional approach would
be best and would allow for the use of several recent
Authority studies that determined member's future needs; and
WHEREAS, the Department of Environmental Quality (DEQ)
may have grant funds available for Regional plans; and
WHEREAS, the Board of Directors of the Appomattox River
Water Authority has authorized its Executive Director to
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apply for grant funds from the DEQ, expected to become
available in June, 2006; and
WHEREAS, the Appomattox RivE~JC vvater Authority will act
as the coordinating agency for a Regional plan and the
individual plans for its member localities, which are the
City of Colonial Heights, the City of Petersburg,
Chesterfield County, Dinwiddie Count.y and Prince George
County.
NOW, THEREFORE, BE IT RESOLVED that
Supervisors of Chesterfield County agrees that
River Water Authority will act on behalf of
preparation of the water plan.
the Board of
the Appomattox
the County in
AND, BE IT FURTHER RESOLVED that the Appoma t tox River
Water Authority may enter into and administer the grant with
DEQ on behalf of the County.
AND, BE IT FURTHER RESOLVED that the County agrees to
provide its share of the matching funds for the grant and any
additional funding to pay the share of the County's cost of
the water plans up to $160,000.
Ayes: King., Miller, Barber, Humphrey and Warren,
Nays: None.
8.B.2.c. RECOGNIZING THE HONORABLE EDWARD B. BARBER AS 2005
CHAIRMAN OF THE BOARD OF SUPERVISORS
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the Honorable Edward B. Barber, Supervisor
representing the Midlothian District:, served as Chairman of
the Board of Supervisors from January 2005 to December 2005,
and during this period, demonstrated outstanding leadership
through many challenges and opportunities confronting the
county, including initiating proactive zoning of a major
portion of the 288 corridor around the 288/Route 60
interchange in order to accelerate commercial and industrial
growth in that part of the county; the successful defense of
the invocation policy which is now the leading case in the
country defining how invocations are given before legislative
bodies; being instrumental in facilitating decisions to
accommodate development of a continuing care community at
Lucy Corr Village; guiding various amendments to the county's
Comprehensive plan to include The Chester Village Plan, the
Public Facilities Plan and Affordable Housing eleme~nts, which
will shape the growth and development of the county;
providing leadership in the selection and approval of two new
schools to address overcrowding issues; supporting zoning
ordinance amendments which include flexible setbacks for
industrial districts, which will encourage economic
development; constructing the Chester Psychiatric
Rehabilitation Center, which was a conjunctive effort between
the Community Development Block Grant office and Chesterfield
Alternatives; and hosting "Chesterfield Matters, II a monthly
public information program for Chesterfield County residents;
and
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01/25/06
WHEREAS, Mr. Barber demonstrated strong interest and
support for community development, particularly economic
development and all the county's other divisions throughout
his tenure as chairman; and skillfully led the county through
many diverse and sensitive issues; and was responsive to the
needs of citizens; and
WHEREAS, successes under Mr. Barber's Chairmanship
include economic development proj ects such as approving the
Industrial Development Authority's (now called the Economic
Development Authority) purchase of the remaining optioned
property in Meadowville Technology Park, giving the County
full control of this land and the ability to fund additional
infrastructure improvements; taking an active role in the
Urban Land Institute's weeklong evaluation of Meadowville,
leading to the Board's support for creating the Development
Manager position for the Park; achieving nearly $250 million
in new investment and 2,950 new jobs during the past year, as
well as the announcement of the County's largest single
investment to locate in the Meadowville Technology Park by
Northrop Grumman, a highly successful and respected
technology corporation; approving the lowering of business
license tax rates to improve Chesterfield's competitive
position in attracting financial and professional services
companies; expanding and enhancing the County's small and
minority business program; and supporting various
transportation improvements including the 360 Project from
Mockingbird Lane to Spring Run Road, the Woodmont Drive
reconstruction, the Chester Road/Kingsdale Road Turn Lanes
and Signalization Project, the Hickory Road Safety Project,
and the Dundas Road/Strathmore Road Turn Lane Project; and
WHEREAS, other successes under Mr. Barber's Chairmanship
include the county maintaining its AAA rating from each of
the three major bond-rating agencies; receiving 15 NACo
Achievement Awards and Public Affairs receiving 22
communication awards from NACIO; development of a
comprehensive Environmental Management System for the
Proctors Creek Wastewater Treatment Plan and recognition by
the Virginia Department of Environmental Quality for
achieving the requirements of an Exemplary Environmental
Enterprise (ES), making Proctors Creek the first wastewater
facility in the state to achieve this certification; as well
as the county's Fleet Management Division receiving the
International Organization of Standards (ISO) 14001
certification, which recognizes Chesterfield as only the
second county in North America to receive this certification;
implementing an outreach program that places a Social
Services employee in key Hispanic communities, which provides
education and services to our diverse citizenry; initiating
an anti-litter program, which to date shows the program has
increased neighborhood cleanup projects by 50 percent;
continuing the In Focus project, which will provide an
integrated technology solution for all financial, human
resources and payroll records; and deploying county staff
from the Fire and Emergency Services, Police and the Real
Estate Assessor's Departments to assist Hurricane Katrina
victims.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of January 2006,
recognizes and applauds the untiring efforts displayed by its
2005 Chairman, the Honorable Edward B. Barber.
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01/25/06
AND, BE IT FURTHER RESOLVED that the Board of
Supervisors hereby acknowledges Mr. Barber's efforts with a
plaque recognizing his distinguished service from January
2005 to December 2005.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.B.2.d. SUPPORTING THE MARTIN LUTHER KING NATIONAL MEMORIAL
FOUNDATION FUND RAISING CAMPAIGN
On motion of Mrs. Humphrey, secondE~d by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Dr. Martin Luther King, Jr.
impact on the Civil Rights movement in the
ensconced him in the history of our nat.ion,
a figure of eternal importance; and
was a man whose
United States has
and the world, as
WHEREAS, the Dr. Martin Luther King, Jr. National
Memorial Foundation was established to raise funds to erect a
national monument to Dr. King on the Tidal Basin in
Washington, D.C. adjacent to those erected t.o honor other
noteworthy national leaders; and
WHEREAS, this important proj ect recognizes thE: work and
sacrifices made by Dr. King, which directly helpE!d many in
our community to enjoy hitherto unprecedented educational,
career and financial success and to make significant progress
toward racial equality; and
WHEREAS, this monument will feature a fitting tribute to
the first African-American so honored at this hallowed
national landmark; and
WHEREAS, Dr. King's legacy creates a compelling social
contract that society will vigorously and continuously pursue
racial equality and human rights for all its citizens, and
that his dream for equality will be a beacon of light guiding
future generations on the path of human digni ty and respect;
and
WHEREAS, Dr. King made several trips to our region,
inspiring many in the Tri-Cities area to commit themselves to
the Civil Rights movement to end segregation and injustice
here and across our nation; and
WHEREAS, Southside Virginia was home to three of Martin
Luther King, Jr.' s closest aides - Rev. Dr. Wyatt 'I'ee Walker,
Rev. Curtis Harris and Mr. Herbert Coulton - a fact of which
all in the region may be justifiably proud; and
WHEREAS, the Beta Gamma, Nu Lambda, Nu Omicron Lambda
and Rho Iota Lambda chapters of Alpha Phi Alpha fraternity
have been designated to coordinate the fund raising effort in
Southside Virginia, seeking support from all sectors of the
community.
NOW, rrHEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 25th day of January 2006,
hereby designates the period January 14, 2006 through May 6,
06-:35
01/25/06
2006 as the Dr. Martin Luther King, Jr. National Memorial
Foundation Fund Raising Period in Chesterfield County, and
encourages all Chesterfield County residents to recognize and
support the effort to raise funds to erect a national
monument to Dr. Martin Luther King, Jr. in Washington, D.C.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.B.3. APPROVAL OF UTILITY CONTRACT FOR MEADOWVILLE LANDING
AT RIVERS BEND, SECTION 1
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved the following utility contract for Meadowville
Landing at Rivers Bend, Section 1, Contract Number 05-0224,
which includes the extension of 3,815 L.F.+ of 16-inch
oversized water lines:
Developer:
Rivers Bend East, LLC
Contractor:
Castle Equipment Corporation
Contract Amount:
Estimated County Cost for
Estimated Developer Cost.
Estimated Total . . . . .
Oversizing.
. . . .
· . . $62,950.00
· .$1,036,280.39
· .$1,099,230.39
Code:
(Refunds thru Connections - Oversizing)
5B-572VO-E4C
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District:
Bermuda
(It is noted a copy of the vicinity sketch is filed with the
papers of this Board.)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.B.4. REQUESTS TO QUITCLAIM
8. B. 4 . a. A PORTION OF A VARIABLE WIDTH STORM WATER
MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE (BMP)
EASEMENT ACROSS THE PROPERTY OF THE PHOENIX, L. P.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a variable width SWM/BMP easement across the
property of The Phoenix, L.P. (It is noted a copy of the plat
is filed with the papers of this Board.)
-
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.B.4.b. PORTIONS OF EJ:GHT-FOOT SEWER EASEMENTS, A SJ:XTEEN-
FOOT SEWER EASEMENT, AND TEN-FOOT TEMPORARY
CONSTRUCTJ:ON EASEMENTS ACROSS THE PROPERTY OF BON
SECOURS-SAJ:NT FRANCIS MEDJ:CAL CENTER, J:NCORPORATED
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
authorized the Chairman of the Board of Supervisors and the
06-36
01/25/06
County Administrator to execute êl quitclaim deed to vacate
portions of 8-foot sewer easements, a 16-foot sewer easement
and la-foot temporary construction easements across the
property of Bon Secours-Saint Francis Medical Center,
Incorporated. (It is noted a copy of the plat is filed with
the papers of this Board.)
Ayes: King, Miller, Barber, HumphrE~y and Warren.
Nays: None..
8. B. 5 . REQUESTS FOR PERMISSIOj!
8.B.5.a. FROM JUSTIN P. AND LE ANNE M. BONSER FOR ~
PROPOSED FENCE TO ENCROACH WITHIN AN EIGH'J~-FOOT
EASEMENT ACROSS LOT 10, HARTLEY VILLAGE AT CHARTER
COLONY
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved a request from Justin P. Bonser and Le Anne M.
Bonser for permission for a proposed fence to encroach within
an 8-foot easement across Lot 10, Hartley Village at Charter
Colony, subject to the execution of a license agreement. (It
is noted a copy of the plat is filed with the papers of this
Board. )
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8. B. 5 . b. FROM RORY A. BOYLE AND MORIKA VALIRAMANI It'OR A
PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT
DRAINAGE EASEMENT AND AN EIGHT-FOOT EASEMENT ACROSS
LOT 65, LELAND VILLAGE AT CHARTER COLONY, SECTION A
<~~-
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved a request from Rory A. Boyle and Monika Valiramani
for permission for a fence to encroach within a 16-foot
drainage easement and an 8-foot easement across Lot 65,
Leland Village at Charter Colony, Section A, subject to the
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8. B. 5 . c . FROM ROBERT F. AND ROSA E. RANDAZZO FOR A PROPOSED
FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE
EASEMENT ACROSS LOT 21, MALLORY VILLAGE SECTION A
AT CHARTER COLONY
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved a request from Robert F. Randazzo and Rosa E.
Randazzo for permission for a proposed fence to encroach
within a 16-foot drainage easement across Lot 21, Mallory
Village Section A at Charter Colony, subject to the execution
of a license agreement. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06-:37
01/25/06
8 . B. 5 . d. FROM ROBERT A. AND KRISTIN L. KEMENY FOR A PROPOSED
DRAINFIELD TO ENCROACH WITHIN A SIXTEEN-FOOT SEWER
EASEMENT AND A TEN-FOOT CONSTRUCTION EASEMENT
ACROSS LOT 87, BLOCK A, REED'S LANDING ABERDEEN
PHASE III
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved a request from Robert A. Kemeny and Kristin L.
Kemeny for permission for a proposed drainfield to encroach
within a l6-foot sewer easement and a lO-foot construction
easement across Lot 87, Block A, Reed's Landing Aberdeen
Phase III, subj ect to the execution of a license agreement.
(It is noted a copy of the plat is filed with the papers of
thi s Board.)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.B.5.e. FROM WACHOVIA BANK, TRUSTEE FOR FARMVILLE
ORTHOPEDIC CLINIC, P.C. TO INSTALL A PRIVATE WATER
SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY
AT 15411 GENITO ROAD
.-
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved a request from Wachovia Bank, Trustee for Farmville
Orthopedic Clinic, P.C. for permission to install a private
water service within a private easement to serve property at
15411 Genito Road, and authorized the County Administrator to
execute the water connection agreement. (It is noted a copy
of the vicini ty sketch is filed with the papers of this
Board. )
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.B.5.f. FROM DANIEL A. GECKER AND ELIZABETH A. GIBBS FOR
A PROPOSED POOL HOUSE, POND AND RETAINING WALL TO
ENCROACH WITHIN A TEN-FOOT EASEMENT ACROSS LOT 21,
BLOCK F, CRESTWooD FARMS, SECTION B
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved a request from Daniel A. Gecker and Elizabeth A.
Gibbs for a proposed pool house, pond and retaining wall to
encroach within a 10-foot easement across Lot 21, Block F,
Crestwood Farms, Section B, subject to the execution of a
license agreement. (It is noted a copy of the vicinity
sketch is filed with the papers of this Board.)
-
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.B.6. ACCEPTANCE OF PARCELS OF LAND
8. B. 6 . a. ALONG THE WEST RIGHT OF WAY LINE OF CHESTER ROAD
FROM LAND 9900 LLC
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
accepted the conveyance of a parcel of land along the west
right of way line of Chester Road containing 0.033 acres from
06-38
01/25/06
Land 9900 LLC, and authorizE~d the County Administrator to
execute the deed. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
S.B.6.b. ALONG THE WEST RIGHT OF WAY LINE OF CHESTER ROAD
FROM R AND L ENTERPRISES, LLC
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
accepted the conveyance of a parcEÜ of land containing 0.077
acres along the west right of way line of Chester Road from R
and L Enterprises, LLC, and authorized the County
Administrator to execute the deed. (It is noted a copy of
the plat is filed with the papers of this Board.)
.......-'-
Ayes: King, Miller, Barber, Humphr€~Y and Warren.
Nays: None.
8. B. 6 . c . ALONG WEST HUNDRED ROAD FROM THE PHOENIX, ~
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
accepted the conveyance of a parcel of land containing 0.020
acres along West Hundred Road from The Phoenix, L. P., and
authorized the County Administrator to execute the deed. (It
is noted a copy of the plat is filed with the papers of this
Board. )
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
.-
8.B.7. SET DATES FOR PUBLIC HEARINGS
S.B.7.a. TO CONSIDER ESTABLISHING A TAX EXEMPTION
CLASSIFICATION PERTAINING TO VOLUNTEER RESCUE
SQUADS AND FIRE COMPANIES
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
set the date of February 8, 2006 at 7:00 p.m. for the Board
to consider a tax exemption ordinance pertaining to volunteer
rescue squads and fire companies in the county.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.B.7.b. TO CONSIDER CONVEYANCE OF A 2.7 ACRE PARCEL
LOCATED AT 7720 VIRGINIA PINE COURT TO DEMPSEY
BRADLEY
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
set the date of February 8, 2006 at 7:00 p.m. for the Board
to consider the conveyance of a 2.7 acre parcel located at
7720 Virginia pine Court to Dempsey Bradley.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06-:39
01/25/06
8.B.9. TRANSFER OF CASH PROFFER BALANCES FROM THE OLD
BUCKINGHAM ROAD PROJECT AND APPROPRIATION OF ROAD
CASH PROFFER FUNDS TO THE REAMS ROAD TURN LANE
PROJECT
-
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
transferred $480,000 of traffic shed 3 funds from the Old
Buckingham Road project to the Reams Road turn lane project;
reduced cash proffer appropriation to the Old Buckingham Road
project by $147,000 and returned to traffic shed 2; reduced
cash proffer appropriation to the Old Buckingham Road project
by $8,000 and returned to traffic shed 3; and appropriated
$70,000 from traffic shed 4 to the Reams Road turn lane
project.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.B.ll. AUTHORIZATION FOR CHESTERWOOD DRIVE SIDEWALK PROJECT
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
transferred $115,000 in unallocated FY2002 Community
Development Block Grant funding to cover the construction of
the Chesterwood Drive sidewalk project, and authorized the
County Administrator to enter into the necessary county/
Virginia Department of Transportation/consultant/contractor,
design, right-of-way acquisition, environmental permits and/
or construction agreements, acceptable to the County
Attorney, and to advertise a construction contract for the
project.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8 . B .12. CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND
POWER COMPANY FOR UNDERGROUND CABLE TO SERVE THE
PUBLIC SAFETY TRAINING CENTER, BURN BUILDINGS AND
FUTURE DEVELOPMENT
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement wi th
Virginia Electric and Power Company for underground cable to
serve the Public Safety Training Center, Burn Buildings and
future development. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
-
8.B.13. ACCEPTANCE OF STATE GRANT FUNDS, TRANSFER OF FUNDS
FROM THE BOARD'S RESERVE FOR FUTURE CAPITAL
PROJECTS, APPROVAL OF THE TRANSFER OF PREVIOUS
EXCESS APPROPRIATIONS, AND AWARD OF A CONTRACT TO
BRANCH HIGHWAYS, INCORPORATED FOR A PROJECT TO
CONSTRUCT THE T-HANGAR TAXIWAY CONNECTOR
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
authorized the County Administrator to accept $1,372,306 in
state grant funds; approved the transfer of $350,000 from the
06-40
01/25/06
Board's Reserve for Future Capital Proj ects for the required
local match; authorized the transfer of excess appropriations
from previous airport capital projects to the T-han<;:rar taxiway
connector project; awarded a contract in the amount of
$1,715,383 to Branch Highways, Incorporated to construct the
T-hangar taxiway connector; and authorized t.he County
Administrator to execute all documents.
Ayes: King, Miller, Barber, HumphrE~Y and Warren.
Nays: None.
8.B.14. LEASE OF PROPERTY FOR THE MEADOWVILLE TECHNOLOGY PARK
DEVELOPMENT MANAGER WITH UKROP' S SUPERMARKETS,
INCORPORATED
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved a lease with Ukrop's Supermarkets, Incorporated, for
782 square feet of office space at CentreCourt, 9401
Courthouse Road, Suite 109 for the Meadowville Technology
Park Development Manager, and authorized the County
Administrator to execut.e the lease agreement. (It is noted a
copy of the vicinity sketch is filed with the papers of this
Board" )
Ayes: King, Miller, Barber, HumphrE~y and Warren.
Nays: None.
The following items were removed from the Consent Agenda for
public comment:
8. B. 8 . REQUEST TO AID IN THE ACQUISITION OF OFFSITE:
EASEMENTS FOR KALYAN PLAZA
--""
Mr. George Beadles expressed concerns that detai Is such as
the number of parcels involved have not been included in the
agenda item.
No one else came forward to speak to the iSSUE!.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
authorized Right of Way staff to aid in the acquisition of
offsite easements to serve the Kalyan Plaza Development,
subject to the developer executing a contract agreeing to pay
for all costs.
Ayes: King, Miller, Barber, HumphrE!y and Warren.
Nays: None.
8.B.l0. APPROVAL OF PARTIAL QUIET ZONE IN THE VICINITY OF
THE BERMUDA ORCHARD LANE/CSX RAILROAD CROSSING
Mr. George Beadles expressed concerns that the agenda item
does not provide details regarding the number of trains that
come through the crossing between 10 p.m. and 7 a.m.
No one else came forward to speak to the issue.
Mr. King stated he has worked very hard with citizens on
quiet zones and is pleased that the railroad has listened to
their concerns.
06-41
01/25/06
On motion of Mr. King, seconded by Mr. Barber, the Board
authorized the County Administrator to file a "Notice of
Intent" and, if appropriate, a "Notice of Establishment" to
create a partial quiet zone in the vicinity of the Bermuda
Orchard Lane/CSX railroad crossing.
-
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.B.15. AWARD OF CONTRACT FOR LOW-POWER AM RADIO SYSTEMS
PROVISION AND INSTALLATION TO NORTHROP GRUMMAN AND
INFORMATION STATION SPECIALISTS
Mr. George Beadles expressed concerns that the agenda item
does not provide details of the cost of operating the systems
and whether it will be shared among the jurisdictions using
the systems.
No one else came forward to speak to the issue.
On motion of Mr. Barber, seconded by Mr. Miller, the Board
approved the award of a contract, not to exceed $750,000, for
low-power AM radio systems provision and installation to
Northrop Grumman and Information Station Specialists.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.B.16. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.B.16.a. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE
SCHOOL BOARD TO PURCHASE BAND UNIFORMS FOR THOMAS
DALE HIGH SCHOOL
Mr. George Beadles stated he thinks the School Board should
be able to fund their needs without using District
Improvement Funds.
No one else came forward to speak to the issue.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
transferred $3,000 from the Bermuda District Improvement Fund
to the School Board to purchase band uniforms for Thomas Dale
High School.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
-
8.B.16.b. FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE
PARKS AND RECREATION DEPARTMENT TO PURCHASE A
STORAGE SHED FOR ATHLETIC EQUIPMENT AT THE HENING
ELEMENTARY SCHOOL SPORTS COMPLEX
Mr. George Beadles clarified that the requested funding is
for building supplies rather than purchasing a storage shed,
and the Hening Athletic Association will furnish the labor to
build the storage shed.
No one else came forward to speak to the issue.
06-42
01/25/06
Mr. Miller thanked Mr. Beadles for hìs contributions at Board
of Supervisors meetings.
On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board
transferred $5,000 from the Dale Distríct Improvement Fund to
the Parks and Recreation Department to purchase a storage
shed for athletic equipment at the Hening Elementary School
Sports Complex.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
10. REPORTS
10.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
10.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS
AND LEASE PURCHASES
10. C. REPORTS OF PLANNING COMMISSION SUBSTANTIAL ACCORD
DETERMINATION
10.C.1. FOR CHESTERFIELD COUNTY PARKS AND RECREATION:
ETTRICK PARK; HELEN WILLIAMS ESTATE PROPERTY
(CASE 06PD0229)
...-ø/'
10. C. 2. FOR CHESTERFIELD COUNTY SCHOOL BOARD: BERMUDA
ELEMENTARY AND BERMUDA MIDDLE SCHOOLS (CASE!
06PD0218)
10.C.3. FOR CHESTERFIELD COUNTY SCHOOL BOARD: HARPERS
MILL ELEMENTARY SCHOOL (CASE 06PD0219)
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
accepted the following reports: a Report on Developer Water
and Sewer Contracts; a Report on the Status of General Fund
Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases; and Reports of the
Planning Commission Substantial Accord Determination for 1)
Chesterfield County Parks and Recreation: Ettrick Park; Helen
Williams Estate Property (Case 06PD0229), 2) Chesterfield
County School Board: Bermuda Elementary and Bermuda Middle
Schools (Case 06PD0218), and 3) Chesterfield County School
Board: Harpers Mill Elementary School (Case 06PD0219).
Ayes: King, Miller, Barber, HumphrE!y and Warren.
Nays: None.
06-4,3
01/25/06
11. DINNER
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
recessed to the Administration Building, Room 502, for
dinner.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
......
Reconvening:
Mr. King recognized Mr. Pete Stith, Deputy County
Administrator, who is watching the meeting at home and wished
him a speedy recovery.
12. INVOCATION
Reverend Martha Jenkins, Vicar, Saint Matthew's Episcopal
Church, gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Mr. Russell Harris led the Pledge of Allegiance to the flag
of the United States of America.
14. RESOLUTIONS AND SPECIAL RECOGNITIONS
o RECOGNIZING FEBRUARY 2006, AS "CHILDREN'S DENTAL HEALTH
MONTHn IN CHESTERFIELD COUNTY
Mr. Kappel introduced Dr. Samuel Galstan and Ms. JoAnne
Wells, who were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Fourth Annual "Give Kids a Smile! Access to
Dental Care Day" will be conducted in a number of
Chesterfield County dental offices and schools on February 3,
2006; and
WHEREAS, numerous children's dental
activities and education will take place
County Schools throughout February 2006; and
health outreach
in Chesterfield
-
WHEREAS, through the joint efforts of the Southside
Dental Society; the Virginia Department of Health, Division
of Dentistry; the Medical College of Virginia school of
Dentistry; the Alliance of the Southside Dental Society;
local dentists and dental healthcare providers who volunteer
their time, and the school district of Chesterfield County,
this program was established to foster the improvement of
children's dental health; and
WHEREAS, these dental volunteers have provided
educational materials and programs and stress the importance
of regular dental examinations; daily brushing and flossing;
06-44
01/25/06
proper nutrition; sealants and the use of mouth guards during
athletic activities; and
WHEREAS, several local dental offices volunteered their
services on "Give Kids a Smile! Access to Dental Care Day,"
to provide treatment and education to local underprivileged
children.
NOW, THEREFORE, BE IT RESOINED that the Chesterfield
County Board of Supervisors, this 25th day of January 2006,
publicly recognizes February 3, 2006 as "Give Kids a Smile!
Access to Dental Care Day" and February 2006, as "National
Children's Dental Health Month" in Chesterfield County, and
expresses gratitude, on behalf of all ChesterfiE'Üd County
residents, and commends those organizations responsible for
their proactive approach to dental health and also commends
Dr. Samuel W. Galstan, Dr. C. Sharone Ward, Dr. Frank
Farrington and JoAnne Wells I R. D. H., for helping to protect
our children's dental health.
Ayes: King, Miller, Barber, Humphn~y and Warren.
Nays: None.
Mrs. Humphrey presented executed resolutions to Dr. Galstan
and Ms. Wells, and expressed appreciation for their efforts
in promoting children's dental health.
Dr. Galstan expressed appreciation to the Board and
Chesterfield County Schools for thE:ir continued support.
15. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTION 17
-
06SN0110
In Midlothian Magisterial District, JDC TRADD INC. requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential Townhouse (R-TH) with
Conditional Use Planned Development to allow exc«=ptions to
Ordinance requirements. Residential use of up to 8.0 units
per acre is permitted in a Residential Townhouse (R-TH)
District. The Comprehensive Plan suggests the property is
appropriate for low density residential use of 1.01 to 2.5
uni ts per acre. This request lies on 22.8 acres fronting
approximately 1,200 feet on the north line of the Norfolk
Southern Railroad, west of Winterfield Road. Tax IDs 724-
710-7957 and 725-710-3079 and 4141. (Sheet 5).
Mr. Turner stated Case 06SN0110 was double advertised for
consideration by both the Planning Commission and Board of -
Supervisors this month. He further stated thE~ Planning
Commission deferred the case to its February meeting;
therefore, the Board must also def:E~r the case.
06-·45
01/25/06
On motion of Mr. Barber, seconded by Mr. King, the Board
deferred Case 06SN0110 until February 22, 2006.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06SN0111
,-
In Midlothian Magisterial District, JDC TRADD INC. requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential Townhouse (R-TH) with
Condi tional Use Planned Development to permit exceptions to
Ordinance requirements. Residential use of up to 8.0 uni ts
per acre is permitted in a Residential Townhouse (R-TH)
District. The Comprehensive Plan suggests the property is
appropriate for low density residential use of 1.01 to 2.5
units per acre. This request lies on 2.2 acres known as 1400
Winterfield Road. Tax ID 725-710-6268 (Sheet 5).
Mr. Turner stated Case 06SN0111 was double advertised for
consideration by both the Planning Commission and Board of
Supervisors this month. He further stated the Planning
Commission deferred the case to its February meetingi
therefore, the Board must also defer the case.
On motion of Mr. Barber, seconded by Mr. Miller, the Board
deferred Case 06SN0111 until February 22, 2006.
-
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06SN0120
In Dale Magisterial District, CP COURTHOUSE LLC requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential Townhouse (R-TH) with
Conditional Use Planned Development to permit exceptions to
Ordinance requirements. Residential use of up to 8.0 uni ts
per acre is permitted in a Residential Townhouse (R-TH)
District. The Comprehensive Plan suggests the property is
appropriate for light industrial and regional mixed uses.
This request lies on 116.0 acres fronting in two (2) places
for a total of approximately 650 feet on the east line of
Courthouse Road fronting approximately 1,970 feet on the west
line of Newbys Bridge Road and approximately 320 feet on the
south line of Burnett Drive. Tax IDs 754-676-4609 and 755-
677-2504 (Sheets 16 and 17).
Mr. Turner stated Mr. Miller is requesting a deferral until
March 8, 2006.
-
Mr. John Cogbill, representing the applicant, agreed to a
deferral until March S, 2006.
Mr. King called for public comment.
No one came forward to speak to the deferral.
06-46
01/25/06
On motion of Mr. Miller, seconded by Mr. Warren, the Board
deferred Case 06SN0120 until March 8, 2006.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06SN0191 (Amended)
In Midlothian and Matoaca Magisterial Districts, THE
CHESTERFIELD COUNTY BOARD OF SUPERVISORS proposes rezoning
and amendment of zoning district map from Agricultural (A)
and Corporate Office (0-2) to General Industrial (I-2) with
Condi tional Use Planned Development to permi t excE~ptions 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 regional employment cent.er and neighborhood mixed use
uses. This request lies on 786.4 acres fronting the north
line of Mid10thian Turnpike between Route 288 and Huguenot
Springs Road; on the south line of Midlothian Turnpike
between Route 288 and Old Hundred Road; and frontinc;J the west
line of Huguenot Springs Road, approximately 2,800 feet north
of Midlothian Turnpike. Tax IDs 710-708-3025, 5217 and 9532;
712-709-9100; 712-710-2733, 8193 and 9557; 712-711-1562 and
2690; 712-712-2923; 713-708-4.574; 713-712-Part of 8031; 714-
707-6311 and 9182; 714-712-9323; 715-705-2469; 715-706-5039;
715-710-0250 and 8459; 715-711-04'14 and 4043; 715-712-3508;
716-710-0846, 1325, 1707 and 2342; 716-713-Part of 5414; 717-
708-Part of 2972; 717-711-0537 and 0707; 718-705-6022; 718-
706-3636; 719-703-5024; 720-703-7536; and 720-704-Part of
3574 (Sheet 5).
Mr. Turner stated Case 06SN0191 was double advertised for
consideration by both the Planning Commission and Board of
Supervisors this month. He further stated the Planning
Commission deferred the case to its February meeting;
therefore, the Board must also defer the case.
On motion of Mr. Barber, seconded by Mr. Warren, the Board
deferred Case 06SN0191 until February 22, 2006.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
05SN0185 (Amended)
In Midlothian Magisterial District, COMMERCIAL LAND
DEVELOPMENT requests rezoning and amendment of zoning
district map from Agricultural (A) to General Industrial (I-
2) with Conditional Use to permit commercial uses and
Condi tional Use Planned Development to allow excE~ptions 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 light industrial/flex uses. This request lies on 36.4
acres fronting approximately 1,100 feet on the south line of
Midlothian Turnpike, also fronting in two (2) places for a
total of approximately 730 feE~t on the west line of Otterdale
Road and located in the southwest quadrant of the
intersection of these roads. Tax IDs 720-709-6011; 721-708-
2383; and 721-709-2704 and 3240 (Sheet 5).
06-47
01/25/06
--
.-
-'
Mr. Turner presented a summary of Case 05SN0185 and stated
the Planning Commission and staff recommended approval
subject to one condition and acceptance of the proffered
conditions. He further stated, since the Commission's
consideration of the request, Proffered Condition 11 has been
amended, and the Board must suspend its rules to consider the
amended proffer.
-
Mr. Barber stated there have been some recent developments
with this case, and the applicant has asked for a deferral
until February 22, 2006.
Mr. Jim Theobold, representing the applicant, stated there
was a development this week that has caused the applicant to
request a 30-day deferral.
Mr. William Shewmake, representing one of the property
owners, stated he has recently been hired by one of the
owners of the subject property, and he concurs with Mr.
Barber's deferral request.
Mr. Barber clarified that he actually made the request for
the deferral as opposed to the applicant.
Mr. King called for public comment.
-
Mr. George Beadles suggested that the Board consider
deferring the request an addi tional 30 days, since February
22 is less than 30 days from now and the Board has already
deferred other requests until that date.
There being no one else to speak to the deferral, the public
hearing was closed.
On motion of Mr. Barber, seconded by Mr. Warren, the Board
deferred Case 05SN0185 until February 22, 2006.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06SN0126
-
In Bermuda Magisterial District, R. C. WHEELER CONSTRUCTION
CO. requests rezoning and amendment of zoning district map
from Residential (R-7) to Communi ty Business (C-3). The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for community commercial
use. This request lies in a Residential (R-7) District on
2.4 acres fronting approximately 180 feet on the south line
of Egee Drive fronting approximately 450 feet on the east
line of Quail Oaks Avenue and approximately 270 feet on the
north line of Woodfin Drive. Tax IDs 793-667-8863, 9667 and
9743; and 794-677-1049 (Sheet 18).
Mr. Turner presented a summary of Case 06SN0126 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Dave Barthol, representing the applicant, stated the
recommendation is acceptable.
06-48
01/25/06
Mr. King called for public comnent.
No one came forward to speak to the request.
On motion of Mr. King, seconded ~{ Mrs. Humphrey, the Board
approved Case 06SN0126 and accepted the following proffered
conditions:
1.
The developer shall be responsible for retaining/
detaining stormwater onsite such that the existing
culvert under Woodfin Dri.ve mE~ets current VDOT criteria.
(EE)
---'
2. Except for timbering approvE~d by the Virginia State
Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices installed, (EE)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06SN0139
In Midlothian Magisterial District, OMNIPOINT COMMUNICATIONS
requests amendment to Conditional Use Planned nevelopment
(Case 99SN0191) and amendment of zoning district map relative
to communications towers. The density of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for public/semi-public use. This request lies in a
Residential (R-15) District on 3.7 acres and is known as
10525 West Huguenot Road. Tax IDs 746-718-3583, 4367, 4486,
5470, 5588, 6571, 6590, 7591 and 7672 (Sheet 2) .
Mr. Turner presented a summary of Case 06SN0139 and stated
the Planning Commission and staff recommended approval
subject to one condition.
Mr. Nate Holland, representing the applicant, stated the
recommendation is acceptable.
Mr. King called for public comment.
No one came forward to speak to the request.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
approved Case 06SN0139 subject to the following condition:
The communications antennae shall be architecturally
incorporated into the steeple of the church building
generally in accordance with the plan enti tIed "Omnipoint
Communications CAP Operations, LLC" and dated 11/16/05.
Associated equipment shall also be enclosed within the
existing church building. (P)
.~-
(Notes:
a.
This condition would re~~ire that the
communications antennas be architecturally
incorporated into the design of a building for
a permitted use. In addition, this condition
06-49
01/25/06
would require that all equipment
with the communications antenna
within the existing church building.
associated
be housed
b. This condition supersedes Condition 1 of Case
99SN0191. All other conditions of approval
for Case 99SN0191 remain in effect.)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06SN0140
In Bermuda Magisterial District, ELLMER PROPERTIES
CHESTERFIELD II LLC requests rezoning and amendment of zoning
district map from General Industrial (1-2) to General
Business (C-5). The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
general commercial use. This request lies on 7.0 acres
fronting approximately 770 feet on the east line of
Interstate 95 approximately 1,600 feet south of the Walthall
Interchange. Tax ID 805-636-0948 (Sheet 35).
Mr. Turner presented a summary of Case 06SN0140 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered condition.
-
Mr. Jeff Collins, representing the applicant, stated the
recommendation is acceptable.
Mr. King called for public comment.
No one came forward to speak to the request.
Mr. King made a motion, seconded by Mr. Miller, for the Board
to approve Case 06SN0140 and accept the proffered condition.
In response to Mrs. Humphrey's question, Mr. King stated the
proposed development will not access Interstate 95.
Mr. King called for a vote on his motion, seconded by Mr.
Miller, for the Board to approve Case 06SN0140 and accept the
following proffered condition:
The public water and wastewater systems shall be used. (P)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
-
06SN0142
In Dale Magisterial District, CNS MICROWAVE, INC. requests a
Condi tional Use Planned Development and amendment of zoning
district map to permit a communications tower in a General
Industrial (I-2) District plus 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
general industrial use. This request lies on 0.3 acre and is
06-50
01/25/06
known as 2939 Space Road.
(Sheet 12).
Tax ID 785-691-Part of 8072
Mr. Turner presented a summary of Case 06SN0142 and stated
the Planning Commission and staff recommended approval
subject to conditions.
Mr. Bob Lawrence, representing the applicant, stated the
recommendation is acceptable.
In response to Mr. Miller's question, Mr. Lawrence stated the
proposed tower will replace the existing tower.
Mr. King called for public comment.
No one came forward to speak to the request.
On motion of Mr. Miller, seconded by Mr. Warren, the Board
approved Case 06SN0142, subject to the following conditions:
1. The color and lighting system for the tower shall be as
follows:
a. The tower shall be gray or" another neutral color,
acceptable to the Planning Department.
b. If lighted, lighting during daylight hours shall be
limited to medium intensity strobe lights with
upward reflection and lighting during night time
hours shall be limited to soft blinking lights.
( P)
2. A.t such time that the tow(~r ceases to be used for
communications purposes for a period exceeding twelve
(12) consecutive months, the owner/developer shall
dismantle and remove the tower and all associated
equipment from the property. (P)
3. With approval of this request, an eighty--two (82) foot
exception and a seventy-six {7 6) foot exception to the
170 foot setback requirements from the northern and
western property lines respectively shall be granted
(P) .
4.
The base of the tower shall be enclosed by a minimum six
(6) foot high fence designed to preclude trespassing.
The fence shall be placed so as to provide sufficient
room between the fence and the property line to
accommodate evergreen plantings having an initial height
and spacing to provide screening of the base of the
tower and accessory ground mounted equipment or
structures from adjacent properties. A detailed plan
depicting this requirement shall be submittE~d to the
Planning Department for approval in conjunction with
final site plan review. (P)
.--
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06-51
01/25/06
06SN0147
In Bermuda Magisterial District, TOKEN TOWER, LLC requests
amendment to Conditional Use Planned Development (Case
02SN0166) and amendment of zoning district map relative to
the height of a communications tower. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for general industrial use. This
request lies in an Agricultural (A) District on 12.5 acres
lying off the eastern terminus of Station Road. Tax ID 792-
685-5662 (Sheet 12).
Mr. Turner presented a summary of Case 06SN0147 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered condition.
Mr. John Cogbill, representing the applicant, stated the
recommendation is acceptable.
Mr. King called for public comment.
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mr. Miller, the Board
approved Case 06SN0147 and accepted the following proffered
condition:
-
The property owner (the "Owner") in this zoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County,
for themselves and their successors or assigns, proffer that
the development of the Property known as Chesterfield County
Tax Identification Number 792-685-5662 (the "Property") under
consideration will be developed according to the following
conditions if, and only if, the request for CUPD amendment is
granted. In the event the request is denied or approved with
conditions not agreed to by the Owner, the proffers and
condi tions shall immediately be null and void and have no
further force or effect.
With the approval of this CUPD, one tower may be
constructed on the Property, which tower shall not
exceed a height of 630 feet above ground level. (P)
(Staff Note: This condition supersedes Condition 1 of
Case 02SN0166. All other conditions of Case 02SN0166
remain in effect.)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
.-
06SR0149
In Matoaca Magisterial District, F. CRAIG WATERS requests
renewal of Condi tional Use (Case 03AN0137) and amendment of
zoning district map to permit an electrical contractor's
business incidental to a dwelling unit. The density of such
amendment will be controlled by zoning condi tions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for rural conservation use. This
request lies in an Agricultural (A) District on 2.3 acres and
06-52
01/25/06
is known as 11200 Winterpock Road
(Sheet. 23).
Tax ID 720-654-3173
Mr. Turner presented a summary of Case 06SR0149 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Craig Waters stated the recommendation is acceptable.
Mr. King called for public comment.
No one came forward to speak to the request.
In response to Board members questions, Mr. Turner stated
there is no recommended time limit for the Condi tional Use
renewal.
On motion of Mrs. Humphrey, secondE~d by Mr. Miller, the Board
approved Case 06SR0149 and acceptl.:!d the following proffered
conditions:
1. This Conditional Use shall be granted to and for F.
Craig Waters and Sonya Waters , exclusively, and shall
not be transferable or run with the land. (P)
2. This Conditional Use shall be limited to the operation
of an electrical contractor's business, exclusively. A
maximum of seven (7) employees, other than those persons
outlined in Proffered Condition 1 may be engaged in this
operation. (P)
3. This use shall not operate before 7: 00 A.M. and after
4:30 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 6: 00 P. M., Monday
through Friday. There shall be no Saturday or Sunday
deliveries. (P)
5.
There shall be no outside public address system.
( P)
6. One (1) sign, not to exceed one (1) square foot in area,
shall be permitted to identify this use. Such sign
shall not be illuminated. (P)
7. Within sixty (60) days of approval of this request,
forty-five (45) feet. of right of way on the west side of
Winterpock Road measured from the centerline of the road
immediately adjacent to the property, shall be
dedicated, free and unrestricted to and for the benefit
of Chesterfield County. (T)
Ayes: King, Miller, Barber, Humphn~y and Warren.
Nays: None.
04SN0303
In Matoaca Magisterial District, FAIRWEATHER INVESTHENTS, LLC
AND HIGHLANDS WEST, LLC request Conditional Use and amendment
of zoning district map to permi t a public waste treatment
06-53
01/25/06
-
facility on 30 acres of a 1,430 acre parcel. 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 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) .
Ms. DarIa Orr presented a summary of Case 04SN0303 and stated
staff recommended denial for the reasons presented at the
Board's November 22, 2005 public hearing. She further stated
the Planning Commission, on a 3-2 vote, recommended approval
and acceptance of the proffered conditions.
-
Mr. John Cogbill, representing the applicant, stated the
proposed waste treatment system offers an opportunity for the
county to demonstrate leadership for the region. He further
stated the proposal is not about growth, but about growing in
a better way. He stated the property is already zoned R-88 to
permit up to 715 single family dwellings, and the waste
treatment system will provide an alternative to individual
septic systems for the homes. He further stated the facility
would be regulated by the State Corporation Commission and
the Department of Environmental Quality, as well as by the
county. He requested that the Board exercise progressive
thinking regarding the proposed facility. He stated
restrictive covenants would address staff's concerns that the
proffered conditions fail to guarantee, nor could they
reasonably guarantee, that the county will not ultimately
become responsible for the operation and maintenance of the
facili ty. He further stated if the operator of the facility
becomes insolvent, the State Corporation Commission is
responsible for finding a receiver to assume the operation of
the system. He stated the Southern and Western Area Plan does
not require the use of nor limit development to private
septic systems as indicated by staff, since the county has
acknowledged that public waste facilities are acceptable by
finding that Matoaca High School, which operates on a private
wastewater system, is in substantial accord with the county's
Comprehensive Plan. He further stated the Health Department
recommends approval of the facility, indicating that, over
time, failure of multiple individual systems would have a
significant impact on Second Branch Creek and Lake Margaret.
He stated the applicant has been working with the likely
owner of the proposed facility, Aqua America, which is the
largest United States based, publicly traded water utility,
serving more than 2 million customers in 13 states. He
provided details of a failing system in Lake Monticello that
was taken over by Aqua America. He stated the county should
consider guidelines for public wastewater treatment
facili ties not owned and operated by the county. He further
stated the applicant has provided a thorough analysis of
standards; worked with staff for over a year on the proposal;
and is providing a more environmentally friendly waste
treatment system. He stated the proposed facility will not be
owned and operated by a homeowners association; is consistent
with the Southern and Western Area Plan; will meet DEQ
requirements; and will be regulated by the SCC. He further
stated the facility represents new technology and is the next
-
06-54
01/25/06
level of
customers
requested
environmentally friendly development. He stated
expect innovation from their local government and
that the Board approve the proposed facility.
Mr. George Emerson, one of the ov.¡ners and developers of the
project, provided details of the zoning history of the
subj ect property. He stated the applicant has worked with
county staff to address their concerns, indicating that the
Health Department now supports the proposed facility. He
further stated the applicant has addressed concerns of
neighbors by moving the facility back to the middle of the
property away from Cattail and Nash roads. He stated the --,
applicant has the support of The Highlands Homeowners
Association and the majority of the adjoining homeowners. He
stated he does not understand how the facility could increase
growth because the Board will be required to follow the
county's Comprehensive Plan, and the issue of land use will
fall on the Board. He further stated the facility would
ultimately ease the burden on constituents and technology is
available to support it, and inquired how the Board could not
support it.
Mr. Brian Houston, representing Timmons Group, provided
details of the technical aspects of the proposed facility. He
presented a comparison between septic systems and a central
wastewater plant, noting that the Health Department's
concerns have been addressed. He addressed Environmental
Engineering's concerns, indicating that a system "upset"
would more likely occur with industrial flows than with the
proposed domestic facility, and a "bypass" would be extremely
unlikely. He stated DEQ has indicated the system v\7ould have
basically no impact on Second Branch Creek and Lake Margaret.
He noted runoff from more than 12,000 acres currently enters
Second Branch Creek.
In response to Mrs. Humphrey's question, Mr. Houston stated
the liquid component of the effluent will be discharged into
Second Branch Creek. He further stat.ed the normal operation
of the facility is not going to generate much noise, and the
majority of the 30 acres will be used for a buffE~r between
the facili ty and other uses" He noted the normal buffer
required by DEQ is only 300 feet. He addressed concerns
relative to malfunctions, indicating that automatic: back-ups
are required based on DEQ requirements.
Mr. King called for public comment.
Mr. Jeff Collins, President of Townes Site Engineering and a
resident of The Highlands, stated he has been designing
alternative wastewater systems for years, and the proposed
system is one of the best you can have for treating
wastewater. He further stated the technology is available to
make this a good, functional facili ty, and the operator of
the system would address any problems that might occur. He
stated he believes it would be wise for the Board to make a
positive decision and approve the request. He further stated,
if the Board is not comfortable with approving thl= request,
then they should challenge staff to create conditions that
would make them comfortable enough to approve it. He stated
the facility is not a land use issue and will not spur growth
in the area; rather it is one of the best ways to take care
of wastewater.
06-55
01/25/06
Mr. Rich Carroll, a resident of Cattail Road, stated he
supports the proposal because he believes a regulated,
inspected facility such as this will be much better for the
environment than 700-plus individual septic tanks.
.........
Mr. George Beadles stated facilities such as this will occur
in the county sooner or later because it is another method to
dispose of wastewater when septic tanks fail. He further
stated the private sector will do a good job in operating the
facility, and he believes the Board should approve the
request.
Mr. Phil Roper, a landowner at Lake Margaret, stated he
supports the request, indicating that he would like to build
a quality "condo" project around the lake.
Ms. Andrea Epps stated she does not support the request. She
expressed concerns that Olympia, Washington had to place a
moratorium on wastewater facilities such as this because of
uncontrolled growth that was occurring as a result. She
further stated there are thousands of acres of land that
could potentially connect to the proposed facility. She
requested that the Board not use the southern and western
area of the county as a test case for this type of facility.
Ms. Carrie Coyner, a resident of the Bermuda District,
requested that the Board approve the facility and, at a
minimum, require staff to provide rules and regulations
regarding wastewater treatment facilities in the county. She
stated private wastewater facilities should be categorized
with septic systems because they can both be used when you
want development in an area where you cannot get public
facili ties, indicating that this is why the county should
adopt regulations to limit the use of the systems to those
that are found most appropriate. She further stated septic
tanks are not growth management tools and are going to become
things of the past. She stated the Board has the approval
power in zoning cases and will not lose its ability to demand
public utility hook-up by allowing private wastewater
facilities.
Mr. Oliver "Skitch" Rudy stated he supports the proposed
facility. He further stated the septic tank ordinance adopted
2 0 years ago has served the county well up until now. He
stated private wastewater facilities represent another
scientific means of treating wastewater. He requested that
the Board support the project and not let science and
technology pass us by.
Mr. Bill Hastings, a resident of the Matoaca District, stated
he does not support the proposed facility because it is not
in compliance with the Plan, and approval would set a
precedent for similar facilities. He further stated one of
the keys to the future economic health of the county is to
implement a rezoning strategy that favors new commercial
development, and if this case moves forward and the precedent
is set for building private wastewater facilities allover
the Matoaca District, it will further disrupt the commercial/
residential tax base. He requested that the Board deny the
request and allow homes on the subj ect property with lower
density using septic fields as was done in the very
successful Highlands development.
06-56
01/25/06
Ms. Kitty Snow stated she is puzzled about the Board's
concerns about growth management and requested that those
same concerns be afforded to the Upper Swift Creek area.
Mr. Peter Martin, a resident of Mount Hermon Road, commended
the Board for taking a stand on growth management with this
case and expressed concerns that the Board did not consider
growth management before approving the Balsamo case in
Moseley.
Ms. Brenda Stewart stated this case is not about sprawl or
growth because the same number of houses could be built with
or without the proposed facility. She further stated denial
of the request will be using government fiat to suppress
private business opportunities and to deny property owners
from taking advantage of advances in technology to be able to
develop their property and get some return on years of
ownership costs associated with the property.
Ms. Marleen Durfee, Executive Director of the Task Force for
Responsible Growth, noted that at no time did staff address
any concerns for growth managem~:mt when the request for
rezoning of 1,430 acres involving 715 homes was approved in
November 2004, and staff advised the Board that the potential
for a wastewater treatment plant was forthcoming. She stated
wastewater treatment facilities do not dictate potential
growth patterns; rather, the Comprehensive plan determines
the amount of growth and the county's density requirements.
She further stated, if the facility is approved, the county
has the authori ty to establish specific guidelines: and have
specific ordinances, as well as analyze zoning on a case-by-
case basis, which ul timately gives the Board an opportunity
to manage its growth. She suggested that, rather than
denying the request, the Board consider remanding it to the --
Planning Commission and allowing them to reevaluate the
information and analyze what regulations and guidelines could
be placed in the current or revised Southern and Western Area
Plan relating to this type of facility.
Mr. John Cogbill clarified that the facili ty would encompass
no more than 8 acres. He stated the technology represents a
tremendous opportunity to implement real growth management.
He further stated he believes the developer will set high
standards for such facilities and provide the Board the
ability to regulate them more carefully in the future.
In response to Mr. Warren's question, Mr. Cogbill stated he
believes the reason there was very Ii ttle opposition present
when the zoning of the property was approved and very little
opposition tonight is because of the quality of the developer
and consultants and the fact that numerous community meetings
were held to educate the residents on both the original
zoning request as well as this request..
Mr. Barber expressed concerns that the developer could return
to the Board with a proposal for reduced lot sizes in an
effort to provide the opportuni ty for cluster development
rather than two-acre lots such as those in The Highlands.
Mr. Cogbill stated the applicant believes reducing lot sizes
to one acre would provide older residents of The Highlands an
opportuni ty to stay in the area and take advantage of their
06-S7
01/25/06
lifestyle and amenities without having to maintain a two-acre
lot.
Mr. Barber inquired why both the wastewater treatment plant
and reduction in lot size are not presented as one zoning
request, stating it is frustrating to deal with rezoning of
the same property over and over again until the applicant
ultimately gets where he wanted to be.
-
Mr. Cogbill stated cash proffers may change and other
situations arise that lead developers to make requests for
changes in zoning. He further stated the Board is the final
arbiter in determining whether zoning requests are
appropriate.
There being no one else to speak to the request, the public
hearing was closed.
.-
Mr. Barber stated approval of the request has nothing to do
wi th Mr. Emerson's development abilities. He inquired why a
developer would invest $5 to $6 million up front if he could
already develop 715 homes on the property without any further
zoning approvals. He stated a developer typically does not
reach the ultimate number of lots proposed once the
infrastructure is in place, but if the Board were to approve
the proposed facility, the ultimate number of lots would be
achievable because the applicant could come back and request
smaller lot sizes. He further stated not approving the
facility represents growth management because the county
would never provide sewer utilities in this area consistent
with the Comprehensive Plan. He expressed concerns relative
to setting a precedent by approving the request and ending up
with higher densities in future developments.
In response to Mr. Barber's questions, Dr. Nelson stated the
amount of effluent that would enter streams using septic
tanks cannot be measured. He further stated the Health
Department's support of the facility was a result of the
number of Highlands residents with pre-treatment sewage
systems. He expressed concerns relative to maintenance of
individual systems in the future if a large number of them
were to evolve, indicating that it would be much easier for
the Health Department to deal with one central system rather
than 700 to 1200 individual systems.
Mr. Miller inquired whether the rate of septic tank failures
has decreased since the Board adopted higher standards and
requirements for pumping.
Dr. Nelson stated he has seen more failures in newer septic
systems because of maintenance, mechanical or installation
errors. He further stated the septic system ordinance has
served the county well until this time, and health
departments are now trying to determine how to control new
on-site systems at the back yard level.
In response to Mr. Warren's questions, Dr. Nelson stated the
only septic tank failures reported in The Highlands were a
result of installation errors, not because of age.
In response to Mr. Barber's questions, Ms. Orr stated the
proffered conditions do not guarantee the location of the
proposed facility. She noted 300-foot setbacks are proffered,
06-58
01/25/06
and the facility will be located at least 900 feet from
Cattail and Nash roads. She stated staff does not know all of
the potential users of the facility at this point because
there is nothing in the case that guarantees that. She
further stated the proffered conditions are worded so that
properties to the north already zoned R-88, as well as other
properties, could connect to the facility.
Mr. Warren referenced the Greensprings case and expressed
concerns that the request before the Board at this t.ime could
change in another year. He stated there are too many unknown
variables dealing wi th the proposed facility; therefore, he
cannot support the case.
Mr. Miller stated when the septic tank standards were
designed, the Planning Commission and Board were informed by
engineers that the septic tank was the best-known device for
handling wastewater. He further stated when residents' wells
failed due to drought, the pressure fell on the county, not
the developers, to provide public water. He stabed if the
facili ty only served the 715 homes in this proj ect, then it
might be worth the risk. He further stated there is no doubt
in his mind that approval of the facility will spur growth
and inquired what would keep several developers from
proposing a facility such as this that would open up
thousands of developable lots that may not otherwise be
developed. He expressed concerns relative to the precedent
that approval of the facility would set and stated he will
not support the request.
Mr. King referenced the "Rural By Design" book referred to by
Mr. Cogbill and inquired why staff would go ag"ainst the
author of the book and recommend denial of the~ proposed
facility.
Mr. Turner stated the county is a suburban locality that has
developed its Comprehensive Plan around its public utilities
system. He further stated there are rural localities that
cannot afford to provide a public utilities system because of
their location or economic situation, and the only option to
provide employment centers in rural villages is a central
system with their own water tanks and wastewater treatment
systems. He stated Chesterfield can provide for development
without this type of system and does not need to incur that
risk.
Mr. King stated there is no question that Mr. Emerson is a
quali ty developer. He further stated the proposed facility
will guarantee the developer a higher density; therefore, he
views it as a growth management tool.. He stated hE: will not
support the request.
Mrs. Humphrey stated two things drive residential growth -
the sale of real estate and the availability of public
utilities. She further stated the Plan designates appropriate
densi ty for this area and expressed concerns that use of
private wastewater treatment facilities will shift. the Plan
densities. She further stated use of facilities such as this
need to be evaluated beyond this test case. She expressed
concerns relative to the need to reevaluate the Southern and
Western Area Plan, indicating that the issue of wastewater
treatment facilities should be applied to t.he Plan. She
stated the county should decide whether or not facilities
--
06-59
01/25/06
such as this will work for future residential growth. She
further stated she wants to know the impact of these
facilities across rural Chesterfield, indicating that she
does not have enough technical information to make a decision
at this time.
-
Mrs. Humphrey made a motion for the Board to deny Case
04SN0303. She stated she will prepare a letter requesting
that the Planning Commission review the Southern and Western
Area Plan and revise with guidelines, if they deem necessary,
relative to private wastewater facilities.
Mr. Barber seconded Mrs. Humphrey's motion. He s ta ted the
Planning Commission has a work schedule for reviewing the
various land use plans, and it may be a while before the
Southern and Western Area Plan is reviewed. He requested that
Mr. Ramsey provide the Board with a report regarding the use
of private wastewater treatment facilities, their success
rates, and the reasons for their use.
Mr. King noted he received three requests today from Matoaca
District constituents to deny the request.
Mr. King
Humphrey,
04SN0303.
then called for a vote on the motion of Mrs.
seconded by Mr. Barber, for the Board to deny Case
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
Mr. King requested a ten-minute recess.
Reconvening:
05SN0294
In Clover Hill Magisterial District, THE REBKEE COMPANY
requests amendment to Conditional Use Planned Development
(Case 74S021) and amendment of zoning district map to permit
drive thru facilities for a permitted use. 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 in a
Neighborhood Business (C-2) District on 2.5 acres and is
known as 13620 Genito Road. Tax ID 729-688-4473 (Sheet 9).
-
Ms. Beverly Rogers presented a summary of Case 05SN0294,
stating that the current C-2 zoning allows those uses that
were permitted in the old B-1 District. She further stated
the B-1 District did not allow uses wi th drive-in windows.
She stated the Planning Commission and staff recommended
approval and acceptance of the proffered conditions,
indicating that the drive-through facility would be accessory
to uses which are currently permitted and the drive-through
window should have no greater impact than the permitted uses.
She further stated the applicant has submitted a proffered
condition in accordance with the Board's procedures to
address residents' concerns relative to additional
landscaping adjacent to the cemetery site.
06-60
01/25/06
Mr. Jim Theobold, representing thE! applicant, stated a drug
store is already permitted at the site and a drive--in window
is needed to complement the facility and provide convenience
for customers. He further stated the proposed facility will
be subject to both emerging gTowth standards and the
Brandermill Architectural Review Board process.
In response to Mr. Warren's question, Mr. Theobold stated the
original plan of Brandermill allowed a drug store as well as
a host of other uses on the subject property.
._~
Mr. King called for public comment,
Ms. Andrea Epps provided the Board with a packet of
information detailing the zoning history of the subject
property and surrounding area. She stated, in her opinion,
the proposed use is not permitted under the existing zoning.
She expressed concerns relative to the danger of left-turn
movements out of the proposed facility and stated Fox Chase
Drive could not handle the additional traffic that would
occur as a result of t.he proposed facility. She requested
that the Board defer the request until the correct zoning of
the property can be determined, indicating that thE: proposal
will affect the safety and quality of life of area residents.
In response to Mr. Miller's question, Mr. Turner stated he
has reviewed the zoning case and explained t.o Ms. Epps that
he feels the pharmacy is a permitted use on the property. He
further stated Ms. Epps has requested a written opinion from
him. He stated he is confident that proper zoning exists for
the proposed 'Uses.
In response to Mr. Barber's question, Mr. Micas stated only
aggrieved parties can file appeals to the Board of Zoning
Appeals under state law. He furth~=r stated he does not know
the facts surrounding Ms. Epps' situation to determine
whether she would be considered an aggrieved party.
-
Mr. Turner stated the subject property was zoned B-1 with the
original zoning for Brandermill. He further stated, when the
B-1 District converted to C-2, the original zoning for
Brandermill still applied. He stated, when the original
Brandermill zoning was amended, the locations for an
elementary school and an activity center were moved. He
further stated the location that the activity center was
ultimately moved to has been subsequently developed as a
subdivision, so it no longer exists. He stated Ms. Epps
contends that, because it no longer exists, the subject
property has now become the acti vi ty center, indicating that
it has not become the activity center and the uses identified
in the Brandermill zoning are still permitted by right.
There being no one else to speak to the request, the public
hearing was closed.
In response to Mr. Warren's question, Mr. Turner stated Ms.
Epps did not express her concerns relative to whether the
si te is properly zoned for pharmacy use at the Planning
Commission meeting.
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Mr. Warren stated he will support staff's position regarding
the current zoning based on the information provided by Mr.
Turner.
Mr. Warren then made a motion, seconded by Mrs. Humphrey, for
the Board to approve Case 05SN0294 and accept the proffered
conditions.
-
Mrs. Humphrey expressed concerns relative to traffic issues
at the intersection where the pharmacy is proposed.
Mr. King called for a vote on the motion of Mr. Warren,
seconded by Mrs. Humphrey, for the Board to approve Case
05SN0294 and accept the following proffered conditions:
1. Drive-in windows shall be permitted in conjunction with
bank or drugstore/pharmacy use only. (P)
(STAFF NOTE: This Condi tion is in addition to the
Textual Statement, Exhibit B, Section 2 (B-1 Districts)
for the request property only.)
2. Landscaping shall be provided adj acent to the Tomahawk
Baptist Church cemetery (for so long as the adjacent
property is used as a cemetery) generally as shown on
the "Buffer Plan" prepared by Kimley-Horn and
Associates, Inc., dated January 6, 2006, a copy of which
is attached and made a part hereof. Specifications for
plantings may be modified as a part of site plan
approval. (P)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
16. PUBLIC HEARINGS
16.A. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF ADDITIONAL PROPERTY FOR THE
CONSTRUCTION OF A WESTERN AREA (HULL STREET) POLICE
PRECINCT STATION
-
Mr. Micas stated this date and time has been advertised for a
public hearing for the Board to consider the exercise of
eminent domain for the acquisition of additional property for
the construction of a western area (Hull Street) police
precinct station. He further stated the county needs this
additional property, which is a part of the Owens Estate, to
build the police station. He stated the Commissioner in
Chancery of the estate has indicated they are willing to
convey the property to the county, but because of the title
situation, it can only be done if the Board first votes to
condemn the property. He further stated $15,000 is a very
favorable price for the 1.1 acres, and this is the next step
in acquiring enough property build the police station.
Mr. King called for public comment.
Ms. Brenda Stewart expressed concerns relative to the price
the county offers to purchase the property of private
landowners for public use, considering the price it is
willing to pay developers for school sites. She stated the
Chesterfield Observer reported in September 2005, that the
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01/25/06
county owned land in the Cosby Road High School area that was
not satisfactory for the location of a police precinct
because of the amount of school traffic. She inquired why
this particular location, which is also in the vicinity of
the school, would not pose a traffic problem.
Mr. Ramsey stated the site referred to in the Observer was in
front of the Cosby Road High School, and conc,erns were
expressed relative to students and the Police Department
using the same parking lot and driveway for access. He
further stated the same access and parking lot will not be
used for the subject property.
There being no one else to speak to the issue, the public
hearing was closed.
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
approved the exercise of eminent domain for the acquisition
of an additional 1.1-acre parcel adjacent to the county
parcel, which is a part of The Washington Owens Estate, PIN:
716673143200000, for the future construction of a western
area (Hull Street) police precinct station.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
16.B. TO CONSIDER RECORDING OF DEED RESTRICTIONS TO THE
COUNTY SITE LOCATED AT 9501 GOVERNMENT CENTER PARKWAY
Mr. Eanes stated this date and time has been advertised for a
public hearing for the Board to consider the recording of
deed restrictions to the county site located at 9501
Government Center Parkway.. He provided details of
contamination that was discovered on the subject property 25
years ago and actions that have taken since that time. He
stated the Environmental Office launched a thorough
investigation of the contamination issue and contacted the
Department of Environmental Quality, who recommended that
deed restrictions be placed on the property, including 1)
groundwater beneath the site shall not be used for any
purpose other than environmental monitoring and testing; 2)
the site shall not be used for certain restricted conditions
and facilities; and 3) excavations conducted within a certain
sub-parcel of the site will not exceed five feet in depth
from existing grade. He stated staff recommends approval of
the deed restrictions.
-
Mr. King called for public comment.
Mr. George Beadles expressed concerns relative to the area
encompassed by the upper aquifer on the subject property,
indicating that someone a mile away could dig a well and
reach contaminated water. He stated the agenda itE~m did not
provide details regarding the acreage on the subject
property.
There being' no one else to speak to the issue, t.he public
hearing was closed.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
approved the recording of deed rE~strictions on the county's
si te located at 9501 Government Center Parkway, and
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01/25/06
authorized the County Administrator
restriction documents.
to sign the deed
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS
-
There were no remaining mobile home permits or zoning
requests at this time.
18. ADJOURNMENT
On motion of Mr. Miller, seconded by Mr. Barber, the Board
adjourned at 11:02 p.m. until February 8, 2006 at 3:30 p.m.
Ayes:
Nays:
King, Miller, Barber, Humphrey and Warren.
None.
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barie B. Rams~y ~I
County Administrator
06-64
01/25/06