04-26-2006 Minutes
BOARD OF SUPERVISORS
MINUTES
April 26, 2006
-
Supervisors in Attendance:
Mr. R. M. "Dickie" King, Jr.,
Chairman
Mr. Kelly E. Miller, Vice Chrm.
Mr. Edward B. Barber
Mrs. Renny Bush Humphrey
Mr. Arthur S. Warren
Mr. Lane B. Ramsey,
County Administrator
.-
-
Staff in Attendance:
Lt. Col. Jim Bourque,
Police Department
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Mr. Joe Campbell, Dir.,
Juvenile Detention Home
Ms. Jana Carter, Dir.,
Youth Planning and
Development
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Richard Cordle,
Treasurer
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Jonathan Davis,
Real Estate Assessor
Mr. Wilson Davis, Dir.,
Economic Development
Ms. Rebecca Dickson, Dir.,
Budget and Management
Mr. William Dupler,
Building Official
Ms. Lisa Elko, CMC
Clerk
Ms. Karla Gerner, Dir.,
Human Resource Mgmt.
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. John W. Harmon,
Right-of-Way Manager
Mr. H. Edward James,
Dir., Purchasing
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Asst. Dir.,
General Services
Mr. Michael Likins,
Coop. Extension Director
Ms. Mary Lou Lyle, Dir.,
Accounting
Chief Paul Mauger,
Fire and EMS Dept.
Ms. Lynell McClinton, Chief
of Admin. Services, Parks
and Recreation
Mr. R. John McCracken,
Dir., Transportation
06-362
04/26/06
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Ms. Diane Peterson,
Senior Advocate
Mr. Francis Pitaro, Dir.,
General Services
Ms. Karen F. Russell,
Risk Manager
Ms. Sarah Snead, Dir.,
Social Services
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Thomas Taylor, Dir.,
Block Grant Office
Sheriff Clarence Williams,
Sheriff's Department
Ms. Judy L. Worthington,
Circuit Court Clerk
Mr. King called the regularly scheduled meeting to order at
4:02 p.m.
1. APPROVAL OF MINUTES FOR APRIL 12, 2006
Ms. Elko stated the appropriations
replaced in the minutes of April 12,
taken to amend the budget, and the
with a copy of the amended minutes.
resolutions are being
2006 to reflect actions
Board has been provided
--/
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
approved the minutes for April 12, 2006, as amended.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
Ms. Elko stated staff has requested that the Board move Item
8. C., Acceptance of a Bid to Purchase Chesterfield County
Certificates of Participation, Series 2006A and Series 2006B,
Related to Financing for the Community Development Building
Project and the Finance/Human Resources Information System
Project, to be heard at this time.
8 . C . ACCEPTANCE OF A BID '1'0 PURC~SE. CmcSTERFIELD COUNTY
CERTIFICATES OF PARTICIPATION, StatES 2006A AND SERIES
2006B, RELATBD TO F:INANC:ING FO:R.TP. COIOmN:ITY
DEVELOPMENT BU:ILDING PROJECT .AIft).'.1'D FINANCE/HOMAN
RESOURCES INFORMATION SYSTEM PROJECT
Ms. Dickson stated bids were received today for purchasing
Chesterfield County Certificates of Participation, Series
2006A and Series 2006B, related to financing for the
Community Development Building Project and the Finance/Human
Resources Information System Project. She further stated the
06-363
04/26/06
lowest responsible bidder was Merrill Lynch and Company
at a true interest cost of 4.27 percent.
-
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
accepted and approved a proposal from Merrill LYnch and
Company, at a true interest cost of 4.27 percent, to purchase
(adjusted as permissible in accordance with the terms of the
preliminary official statement) $3,565,000 principal amount
of Certificates of Participation, Series 2006A, and
$8,395,000 principal amount of Certificates of Participation,
Series 2006B, in connection with the planned Certificates of
Participation financing for the Community Development
Building and the Finance/Human Resources Information System.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
2 . COUNTY ADMINISTRATOR' S COMMENTS
o MODEL COUNTY GOVERNMENT
Mr. Ramsey stated the county is pleased to host Model County
Government Day again this year.
Ms. Carter stated tomorrow is Model County Government Day and
80 students will participate by shadowing a county official.
-
Each student and seven advisors came forward and introduced
themselves. Ten of the students were seated with the Board
members, County Administrator and participated in today's
meeting.
Ms. Carter thanked the Board and Mr. Ramsey for their support
of Model County Government Day.
3 . BOARD MEMBER REPORTS
There were no Board member reports at this time.
4 . REQUESTS '1'0 POSTPONE AGENDA ITEMS AND ADD:ITIONS, OR
CHANGES IN THE ORDER OF PRESENTATION
-
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
added Item 5. D., Resolution Recognizing Mrs. Estelle Grant
Taylor on the Occasion of Her 80th Birthday; added Item
8.B.5., Nomination/Appointment to the Community Criminal
Justice Services Board; added Item 8.B.6., Nomination/
Appointment to the Committee on the Future; added Item
8.B.7., Approval of Appointment of Deputy County
Administrator; added Item 9. C., Report on Video Service in
Portions of the County by Cavalier IPTV; added Item 14. C. ,
Resolution Recognizing Mr. Andrew Deitrick for His
Outstanding Leadership; and adopted the Agenda, as amended.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06-364
04/26/06
5. RESOLUTIONS
5.A. RECOGNIZING MAY 2006, AS "OLJ)ER iUaRICANS MONTH" IN
CHESTERFIELD COUNTY
Mr. Hammer introduced Dr. Thelma Bland-Watson, Executive
Director of Senior Connections, the Capital Area Agency on
Aging, and representatives from various organizations that
provide services and programs for older residents.
On motion of the Board, the following resolution was adopted:
WHEREAS, Chesterfield County is home to more than 38,700
residents aged 60 years and older; and
WHEREAS, the older adults in Chesterfield County are
among the millions helping to redefine aging in America; and
WHEREAS, the 2006 theme for Older Americans Month,
"Choices for Independence," has been chosen to recognize that
older adults are entitled to live healthier lives through a
combination of independence and choice; and
WHEREAS, older adults need the assistance of their
communities to thrive, including the understanding and
support from their friends and family; and
WHEREAS, coordinated efforts to provide support on
issues as diverse as housing, transportation, and health care
can be vital to healthy aging and long-term living; and
WHEREAS, Senior Connections,
Aging has set aside May 2006 to
adults in Planning District
contributions; and
The Capital Area Agency on
recognize and honor older
15 and celebrate their
.~
WHEREAS, Chesterfield TRIAD has declared May 3rd as
Senior Day in Chesterfield County; and
WHEREAS, the aging population is growing and offering
more wisdom and invaluable experience to succeeding
generations than ever before; and
WHEREAS, Ms. Mary Jones is being recognized for her
outstanding volunteer service as chairperson for the
Chesterfield TRIAD Senior Day Committee for the past four
years and for serving as a role model for successful aging by
her quest for lifelong learning and service to others; and
WHEREAS, Mr. Don Simpson is being recognized for his
leadership role in the establishment of the Lifelong Learning
Institute of Chesterfield and for his advocacy on behalf of
older adults in Chesterfield County.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 26th day of April 2006,
publicly recognizes May 2006, as "Older Americans Month" in
Chesterfield County, expresses its appreciation to all its
older citizens for their lifelong contributions and to all
the organizations and Chesterfield County departments who
serve older adults, and wishes them continued success in all
their efforts on behalf of our older residents.
--/
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06-365
04/26/06
An executed copy of the resolution was presented to each of
the representatives present.
Mr. Miller expressed appreciation for each of the
representatives' contributions to the county's senior
citizens and stated it is a privilege to honor the older
generation.
-
Dr. Watson expressed appreciation to the Board for
recognizing older adults and their caregivers. She also
thanked Mr. Hammer for his leadership in the aging network
and presented him with a plaque in honor of his commitment to
Senior Connections.
Senior Advocate Diane Peterson commended Ms. Mary Jones and
Mr. Don Simpson for being role models for successful aging.
She thanked CJW for funding the printing of the 2006-2007
edition of the Resource Directory of Services for Older
Adults and Adults with Disabilities in Chesterfield County.
She also thanked Mr. Hammer for his support and stated he has
been the champion of aging issues in the county.
S.B. RECOGNIZING MRS. LORRY R. SQUIRE, TREASURER'S OFFICE,
UPON HER RETIREMENT
Mr. Cordle introduced Mrs. Lonny Squire, who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mrs. Lonny Squire retired effective October 1,
2005 after providing over 26 years of dedicated and faithful
service to Chesterfield County; and
WHEREAS, Mrs. Squire began her tenure
Chesterfield County Treasurer's Office on May 8,
part-time account clerk; and
wi th the
1979 as a
WHEREAS, Mrs. Squire was promoted to full-time
employment with the Treasurer's Office in December 1982 and
has been promoted to multiple positions throughout her years
in the office, most recently to the position of Senior
Accounting Technician; and
WHEREAS, Mrs. Squire has been instrumental during her
career in helping to implement state-of-the-art systems
including the implementation of an automated cash receipts
system; and
.-
WHEREAS, Mrs. Squire continually sought out educational
and training opportunities to ensure the development of her
skills and abilities, resulting in recognition from the
American Business Women's Association, and a Bachelor of
Applied Studies degree from the University of Richmond; and
WHEREAS,
commendations
rendered above
Mrs. Squire has received
from other county departments for
and beyond the normal call of duty;
numerous
assistance
and
WHEREAS, Mrs. Squire
discharged her duties in
has faithfully
each and every
and effectively
capacity with
06-366
04/26/06
proficiency, passion and uncompromising commitment to world-
class customer service; and
WHEREAS, Mrs. Squire will be tremendously missed for
the quality and caliber of her commitment and performance for
the Treasurer's Office and to our citizens.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 26th day of May 2006,
publicly recognizes Mrs. Lonny R. Squire and extends its
appreciation for her 26 years of dedicated service to the
county, congratulations upon her retirement, and best wishes
for a long and happy retirement.
'-./'
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution and a
Jefferson Cup to Mrs. Squire, accompanied by Mr. Cordle,
expressed appreciation for her dedicated service, and wished
her well in her retirement.
Mrs. Squire
recognition
retirement.
expressed appreciation
and stated she knows
to the Board for
she will enjoy
the
her
5. C. RECOGNIZING MR. VIC'1'OR W. LIU AND liS . TRACY WILLIAMSON
FOR THEIR CONTRIBUTIONS TO TUB CQIOS'ITTEE ON THE FUTURE
AND CHESTERFIELD COUNTY
Mr. Reuben Waller, Vice Chairman of the Committee on the
Future, introduced Mr. Victor Liu and Ms. Tracy Williamson,
who were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Committee on the Future
was established in 1987 by the Board of Supervisors and the
County Charter for the purpose of assessing the future and
long range challenges which the county will face, advising
the Board of Supervisors, and making recommendations to
lessen any adverse effect on the county of future changes;
and
WHEREAS, Mr. Victor W. Liu and MS. Tracy Williamson were
appointed as members of the committee in 1992; and
WHEREAS, Mr. Liu and Ms. Williamson have served the
citizens of the Clover Hill District with distinction; and
WHEREAS, the commi t tee prepared the report "Economic
Development: Strategies for Success" which makes specific
recommendations in the areas of strengthening the county's
workforce, planning for growth and development, and preparing
for the residents' needs and their impact on economic
development; and
WHEREAS, the committee created the "Neighborhood
Preservation: Strategies Now for Success" report to
strengthen county communities by offering recommendations
related to community organizations, neighborhood schools,
community safety, crime prevention, and the maintenance,
06-367
04/26/06
rehabilitation, and design of public and private facilities;
and
-
WHEREAS, the committee wrote the "Youth Development:
Today's Youth, Tomorrow's Leaders" report which created
recommendations to maximize the opportunity for Chesterfield
County youth to become engaged contributors within their
communities through community, church, and private
organizations, volunteerism, and school involvement; and
WHEREAS, the committee wrote the "Aging of the
Population: Choices, Options and Benefits of Aging" report
which recognized the opportunities created by the growing
population of senior citizens, acknowledged the collective
community obligation to meet seniors' needs, and offered
suggestions that address the needs and opportunities of
senior citizens in the areas of health, information services,
mobility, education, social and leisure time, finances and
housing; and
WHEREAS, the committee compiled the "Green
Infrastructure: Protecting Resources for Future Generations"
report concerning the conservation of open spaces, the
protection of natural resources and the preservation of
heritage places for the benefit of the economy, the
environment and the health and well being of current
Chesterfield County residents and future generations; and
WHEREAS, Mr.
countless hours to
years.
Liu
the
and Ms. Williamson have dedicated
commi t tee during the pas t fourteen
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 26th day of April 2006,
publicly recognizes Mr. Victor W. Liu and Ms. Tracy
Williamson and commends them for their dedication and
outstanding service to the Committee on the Future and to the
citizens of Chesterfield County.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mr. Liu and Ms. Williamson and
that this resolution be permanently recorded among the papers
of this Board of Supervisors of Chesterfield County,
Virginia.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
Mr. Warren presented executed resolutions to Mr. Liu,
accompanied by his wife, and to Ms. Williamson and expressed
appreciation for their vi tal contributions to the Committee
on the Future.
-
Mr. Liu expressed appreciation to Mr. Warren for appointing
him to serve on the Committee on the Future and also thanked
Board members for their support of the committee's
recommendations.
Ms. Williamson expressed appreciation to the Board for the
opportunity to serve on the Committee on the Future.
06-368
04/26/06
5. D. RECOGNIZI:NG MRS. ESTELLE GRANT TA"tLOR ON THE OCCASI:ON
OF HER 80TH BIRTHDAY
Mr. Kappel introduced Mrs. Estelle Grant Taylor, who was
present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mrs. Estelle Grant Taylor was born on May 2,
1926 in Chesterfield County, Virginia; and
~"
WHEREAS, Mrs. Taylor has been a lifelong resident of
Chesterfield County; and
WHEREAS,
Mrs. Taylor attended Chester High School; and
WHEREAS, while her own children attended Chesterfield
County schools, Mrs. Taylor worked as an employee of
Chesterfield County Public Schools for many years; and
WHEREAS, Mrs. Taylor provided diligent and faithful
service as a school cafeteria employee; and
WHEREAS, Mrs. Taylor also worked at the polls for years
in Chesterfield County; and
WHEREAS, Mrs. Taylor has provided many hours of
selfless volunteer service to the county through the
Chesterfield County Historical Society; and
WHEREAS, Mrs. Taylor has three children, six
grandchildren and two great-grandchildren; and
WHEREAS, Mrs. Taylor loves to travel, conduct work in
the field of genealogy, and work in her yard; and
WHEREAS, Mrs. Taylor is a native Chesterfield County
jewel of whom we all can be very proud; and
WHEREAS, Mrs. Taylor's 80th birthday, being celebrated
on May 2, 2006, is a suitable time to recognize a lifetime of
commitment and contributions to the residents of Chesterfield
County, Virginia.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 26th day of April 2006,
publicly recognizes the important contributions of Mrs.
Estelle Grant Taylor as a county employee, volunteer and
citizen, and on the occasion of her 80th birthday, extends to
her on behalf of all Chesterfield County residents
congratulations and best wishes for many more years of
health, happiness and fulfillment.
AND, BE IT FURTHER RESOLVED, that a copy of
resolution be presented to Mrs. Taylor and that
resolution be permanently recorded among the papers of
Board of Supervisors of Chesterfield County, Virginia.
this
this
this
-../
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
Mr. Warren presented the executed resolution to Mrs. Taylor,
accompanied by members of her family, thanked her for her
06-369
04/26/06
contributions to the county and wished her a very happy
birthday.
Members of the audience joined the Board in singing "Happy
Birthday" to Mrs. Taylor.
6. WORK SESSIONS
There were no work sessions at this time.
7 . DEFERRED ITEMS
There were no deferred items at this time.
8. NEW BUSINESS
8.A. STREETLIGHT I:NSTALLATION COST APPROVALS
On motion of Mr. King,
approved the following
Bermuda District:
seconded by Mr. Miller, the Board
streetlight installations in the
· In the Quail Oaks Subdivision, at the terminus of
Proctors Road, off Galena Avenue
Cost to install streetlight: $1,740.08
· On North Enon Church Road, opposite 12620
Cost to install streetlight: $370.94
· In the Thornhill Subdivision, on Nomini Court
in the vicinity of 13802
Cost to install streetlight: $834.33
· In the Thornhill Subdivision, on Thornhill Drive
in the vicinity of 102
Cost to install streetlight: $834.33
· In the Thornhill Subdivision, on Thornhill Drive
in the vicinity of 400/402
Cost to install streetlight: $834.33
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.B. APPOINTMENTS
,-
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment/reappointment of members to serve on
the Agriculture and Forestry Committee; Camp Baker Management
Board; Trustees to the Supplemental Retirement Plan; Richmond
Metropoli tan Convention and Visitors Bureau Board of
Directors; Crater Workforce Investment Board; Capital Area
Training Consortium; Senior Connections Board; Community
Criminal Justice Services Board; and Committee on the Future.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06-370
04/26/06
8 . B .1. AGRICULTURE AND FORESTRY COMMI'1"1'EE
On motion of Mr. Miller, seconded by Mr. Barber, the Board
simultaneously nominated/appointed Mr. Howard Nester,
representing the Dale District, to serve on the Agriculture
and Forestry Committee, whose term is effective immediately
and expires December 31, 2006. (It is noted Mr. Nester will
fill the unexpired term of Mr. Ray Payne.)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
---.../
8 . B . 2 . CAMP BAKER MANAGEMENT BOARD
On motion of Mr. Barber, seconded by Mr. Miller, the Board
simultaneously nominated/reappointed Mr. Alfred Elko,
representing the Midlothian District; Mr. William Collie,
representing the Chester Civitan Club; Mr. Larry Hatton,
representing the county at-large; and Mr. Vincent Burgess,
representing the Richmond Area Association for Retarded
Citizens, to serve on the Camp Baker Management Board, whose
terms are effective May 1, 2006 and expire April 30, 2009.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.B.3. TRUSTEES TO THE SUPPLEMENTAL RETIREMENT PLAN
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
simul taneously nominated/ appointed Mr. James Stegmaier, Mr. ,-,,'
Craig Bryant and Ms. Mary Lou Lyle to serve as Trustees to
the Supplemental Retirement Plan, whose terms will be at the
pleasure of the Board. (It is noted Mr. Stegmaier will
replace Mr. Brad Hammer, who is retiring from county service,
and Mr. Bryant and Ms. Lyle are being appointed as additional
trustees to prepare the county for potential trustee turnover
in the future.)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8. B. 4. APPOI:NTMEN'1'S '1'0 VARIOUS BOARDS AND COMMISSI:ONS
The following appointments are necessary to fill the terms of
Mr. Bradford Hammer, who will retire from county service
effective May 1, 2006:
8.B.4.a. RICHMOND METROPOLI:TAN CO~ION AND VrSI:TORS
BUREAU
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board .-/
simultaneously nominated/appointed Ms. Marilyn Cole to serve
as an alternate member of the Board of Directors of Richmond
Metropolitan Convention and Visitors Bureau, whose term is
effective immediately and will be at the pleasure of the
Board.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06-371
04/26/06
8 . B. 4 . b. CRATER WORKFORCE INVES'l'MEN'l' BOARD
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
simultaneously nominated/appointed Ms. Karen Aylward to serve
on the Crater Workforce Investment Board, whose term is
effective immediately and will be at the pleasure of the
Board.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.B.4.c. CAPITAL AREA TRAINING CONSORTIUM
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
simultaneously nominated/appointed Ms. Karen Aylward to serve
on the Capital Area Training Consortium, whose term is
effective immediately and will be at the pleasure of the
Board.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.B.4.d. SENIOR CONNECTIONS BOARD
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
simultaneously nominated/appointed Ms. Rebecca Dickson to
serve on the Senior Connections Board, whose term is
effective immediately and expires June 30, 2007.
.-
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.B.S. COMMUNITY CRI:MI:NAL JUSTICE SERVICES BOARD
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
simultaneously nominated/appointed Ms. Rebecca Dickson to
serve on the Community Criminal Justice Services Board, whose
term is effective immediately and expires June 30, 2007. (It
is noted Ms. Dickson will fill the unexpired term of Mr.
Bradford Hammer.)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8 . B . 6 . COMMITTEE ON THE FUTURE
-
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
simultaneously nominated/appointed Dr. James McClellan,
representing the Matoaca District, to serve on the Committee
on the Future, whose term is effective immediately and will
be at the pleasure of the Board.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.B.7. APPROVAL BY BOARD OF SUPERVISORS OF APPOI:NTMENT OF
DEPUTY COUNTY ADMINI:STRA'1'OR
Mr. Ramsey stated Mr. Hammer
County Administrator effective
will
May
be
1,
retiring as
2006. He
Deputy
further
06-372
04/26/06
stated, according to the county charter, the Board of
Supervisors must approve the County Administrator's
appointments of Deputy County Administrators. He recommended
Ms. Rebecca T. Dickson to replace Mr. Hammer as Deputy County
Administrator, indicating that she has led the county through
many difficult budgets and is very familiar with the county's
operations.
Mrs. Humphrey made a motion, seconded by Mr. Warren, for the
Board to approve the appointment of Ms. Rebecca T. Dickson as
Deputy Count,y Administrator.
Mr. Barber stated he looks forward to working with Ms.
Dickson in her new role as Deputy County Administrator.
Mrs. Humphrey stated Ms. Dickson has demonstrated leadership
and stamina in her role as Director of Budget and Management.
She congratulated her on her appointment as Deputy County
Administrator.
Mr. Barber excused himself from the meeting.
Mr. Miller thanked Ms. Dickson for her efforts on behalf of
county citizens and congratulated her on her appointment.
Mr. King commended Mr. Ramsey on his appointment of Ms.
Dickson as Deputy County Administrator.
Mr. King then called for a vote
Humphrey, seconded by Mr. Warren,
the appointment of Ms. Rebecca T.
Administrator.
on the motion of Mrs.
for the Board to approve
Dickson as Deputy County
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
A standing ovation following the vote.
Mr. Ramsey stated he has
Acting Director of Budget
2006.
appointed Mr.
and Management
Allan Carmody
effective May
as
1,
Mr. Barber returned to the meeting.
Mr. Stegmaier introduced Mr. Barry Condrey, who has been
hired as the county's new Chief Information Officer effective
May 8th.
Mr. Condrey stated he is honored to be here.
8.D. CONSENT I:TEMS
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
removed Item 8. D. 9 . b., Acceptance of a Parcel of Land Along
the North Right of Way Line of Geni to Road from Courtside,
L.C., from the Consent Agenda for citizen comment.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06-373
04/26/06
8.D.l. ADOPTION OF RESOLUTI:ONS
8. D .1. a. RECOGNIZI:NG PARKWAY BAPTIST CHURCH ON THE OCCASION
OF THE DEDICATION OF ITS CHURCH CAMPUS
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
-
WHEREAS, plans for the formation of a new Southern
Baptist congregation took shape in March 2002 when a group of
faithful people were commissioned by Swift Creek Baptist
Church to begin church services at Grange Hall School and
ministries throughout the community; and
WHEREAS, on March 3, 2002, the first worship service was
held and regular activities began; and
WHEREAS, the church received a 37.5-acre tract of land
on Beaver Bridge Road; and
WHEREAS, the church membership has grown from 35 members
to over 400 members; and
WHEREAS, the church
ministries and activities
adults, and families; and
continues
impacting
to grow,
children,
and has
students,
WHEREAS, the
helping people in
nations; and
church has been
need in various
faithfully
communities,
involved in
s ta tes and
WHEREAS, the people of Parkway have served and supported
the work of Grange Hall School and provided activities for
the community; and
WHEREAS, the church is now developing a multi-phase
church campus to serve the community; and
WHEREAS, for four years, the church has had a
significant, positive impact on the surrounding communities,
and on Chesterfield County.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, on behalf of the citizens of
Chesterfield County, extends its best wishes to Parkway
Baptist Church on the occasion of its dedication of its
Church Campus Phase 1; and wishes the congregation
continued success and joy in all their endeavors.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.D.l.b. RECOGNIZI:NG MAY 7-13, 2006, AS "ARSON AWARENESS
WEEK" I:N CHESTERFI:ELD COUNTY
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, wildfire arson is not simply a regional problem
but a serious national problem causing loss of life and major
destruction of homes, businesses, and natural resources; and
06-374
04/26/06
WHEREAS, wildfire arson is a serious crime that affects
all people and can be stopped only when citizens realize the
toll that wildfire arson takes on communities; and
WHEREAS, citizens and their communities need to be
vigilant about preventing wildfire arson and should prepare
for instances when wildland fires occur; and
WHEREAS, it is important to maintain the public focus on
arson and prevention and to honor the firefighters who
protect the public; and
WHEREAS, public awareness is one of the specific
responsibilities of the U.S. Fire Administration, the
International Association of A.rson Investigators,
Incorporated and the National Wildfire Coordination Group;
and
WHEREAS, the theme of this year's Arson Awareness Week
is "wildfire Arson - Preparedness and Prevention."
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the week of May 7-13,
2006, as "Arson }l-wareness Week" and calls upon the citizens
of Chesterfield County to participate in fire safety and
prevention by working jointly with Chesterfield Fire and EMS
to create and encourage community awareness and understanding
towards reducing the number of wildland fires.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.D.l.c. RECOGNI:ZING THE WEEK OF APRIL 30-MAY 6, 2006, AS
"MUNI:CI:PAL CLERKS WEEK"
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the Office of the Municipal Clerk, a time
honored and vital part of local government, exists throughout
the world; and
WHEREAS, the Office of the Municipal Clerk is the oldest
among public servants; and
WHEREAS, the Office of the Municipal Clerk provides the
professional link between the citizens, the local governing
bodies and agencies of government at other levels; and
WHEREAS, the records kept of meetings and actions taken
by governing bodies, which are disseminated by Municipal
Clerks, are essential in maintaining continuity in local
government; and
WHEREAS, Municipal Clerks have pledged to be ever
mindful of their neutrality and impartiality, rendering equal
service to all; and
WHEREAS, the: Municipal Clerk serves as the information
center on functions of local government and the community;
and
06-375
04/26/06
WHEREAS, Municipal Clerks continually strive to improve
the administration of the affairs of the Office of the
Municipal Clerk through participation in educational
programs, seminars, workshops and the annual meetings of
their state, province, county and international professional
organizations; and
WHEREAS, it is most appropriate that we recognize the
accomplishments of the Office of the Municipal Clerk.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the week of April 30-
May 6, 2006, as "Municipal Clerks Week" and extends their
appreciation to Chesterfield's Municipal Clerks, Mrs. Lisa
Elko, CMC and Mrs. Janice Blakley, CMC, Clerk and Deputy
Clerk, respectively, to the Chesterfield Board of
Supervisors, and to all Municipal Clerks for the vital
services they perform and for their exemplary dedication to
the communities they represent.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.D.l.d. RECOGNIZING MAY 14-20, 2006, AS "BUSINESS
APPRECI:ATI:ON WEEK" I:N CHESTERFIELD COUN'l'Y
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Chesterfield County has a thriving base of
business and industry to support the local economy; and
WHEREAS, these businesses are both domestically and
internationally based and range in size from very small
entrepreneurial companies to large companies; and
WHEREAS, these businesses provide essential employment
opportunities for the citizens of Chesterfield County; and
WHEREAS, nearly $686.6 million has been invested and 941
new jobs created by industry thus far in fiscal year 2005-
2006, with the total impact of county businesses being an
integral part of the local economy and vi tal to supporting
the high quality of life enjoyed by Chesterfield residents;
and
,-
WHEREAS, business tax revenues are critical in
offsetting the cost of county-provided services required by
our rapidly growing residential sector, in addition to
industry taking an active role in making the community a
better place through their commitment to charitable
organizations, schools, recreation and other worthwhile
endeavors.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby expresses its gratitude on
behalf of county residents to all businesses and industry
located in Chesterfield for their contributions over many
years by recognizing May 14-20, 2006, as "Business
Appreciation Week."
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06-376
04/26/06
8.D.l.e. RECOGNI:ZI:NG MAY 14-20, 2006, AS "NATI:ONAL LAW
ENFORCEMENT WEEK"
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, one of Chesterfield County's eight strategic
goals is "to be the safest and most secure community compared
to similar jurisdictions"; and
WHEREAS, no human aspiration is more fundamental and
important than safety of family, self and others whom we hold
dear; and
WHEREAS, the dedicated, loyal and brave members of the
various law enforcement agencies that operate in Chesterfield
County provide an invaluable service to all citizens; and
WHEREAS, this service, provided 24 hours a day and 365
days a year, is part of the foundation upon which our quality
of life rests; and
WHEREAS, during a time of war overseas and heightened
risks of terrorist attacks on our homeland, law enforcement
agencies are doing everything wi thin their means to provide
for the security of our nation during these trying times; and
WHEREAS, the week of May 14-20, 2006, is widely
recognized across: the nation as "National Law Enforcement
Week" and will honor the 151 law enforcement officers who
gave their lives in 2005 in the line of duty; and
WHEREAS, Ch€~sterfield County is
have such outstanding and professional
law enforcement officers in the county
safety and welfare of its citizenry.
proud and honored to
individuals serving as
to protect the health,
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby recognizes the week of May
14-20, 2006 f as "National Law Enforcement Week" in
Chesterfield County and calls this recognition to the
attention of all its citizens.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.D.l.f. I:DENTI:FYI:NG CHANGES IN THE SECONDARY SYSTEM OF
STATE HI:GHWAYS; ROBIOUS ROAD
On motion of Mrs" Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, thE~ Virginia Department of Transportation has
provided the Board of Supervisors with a sketch dated April
12, 2006, depicting the abandonments and additions required
in the secondary system of state highways which sketch is
hereby incorporated herein by reference; and
WHEREAS, new roads serve the same citizens as those
portions of old roads identified to be abandoned and those
segments no longer serve a public need.
06-377
04/26/06
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors does hereby abandon as a part of the secondary
system of state highways those portions of roads identified
by the sketch to be abandoned, pursuant to Section 33.1-155,
Code of Virginia, 1950, as amended.
AND, BE IT FURTHER RESOLVED the Board of Supervisors
requests the Virginia Department of Transportation to add to
the secondary system of state highways those portions of
roads identified by the sketch to be added, pursuant to
Section 33.1-229, Code of Virginia, 1950, as amended.
AND, BE IT FURTHER RESOLVED that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.D.2. REQUEST FOR A PERMIT TO STAGE A FI:REWORKS DISPLAY AT
THE SUNDAY PARK PENI:NSULA OF BRANDERMILL ON JULY 4,
2006
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from the Brandermill Community Association
for a permit to stage a fireworks display at the Sunday Park
peninsula at Brandermill on July 4, 2006, with a rain date of
July 5th.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.D.3. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
CLOVER HI:LL DISTRI:CT IMPROVEMENT FUND '1'0 THE PARKS
AND RECREATION DEPAR'l'MEN'l' '1'0 PURCHASE AND I:NSTALL A
SCOREBOARD AT THE MONACAN HI:GH SCHOOL SOFTBALL FI:ELD
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
transferred $7,000 from the Clover Hill District Improvement
Fund to the Parks and Recreation Department to purchase and
install a scoreboard at the Monacan High School softball
field.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.D.4. SET PUBLIC HEARING DATES
8. D. 4 . a. TO CONSIDER AMENDMENTS RELATING TO MULTI:FAMILY AND
TOWNHOUSE USES PERMI:TTED I:N C-3 AND C-4 DI:STRICTS
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
set the date of May 24, 2006 at 7: 00 p.m. for a public
hearing for the Board to consider amendments relating to
multifamily and townhouse uses permitted in C-3 and C-4
Districts.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06-378
04/26/06
8 . D. 4 . b . TO CONSI:DER THE APPROPRIATI:ON OF ADDITI:ONAL FUNDS
FOR THE ROUTE 360 (SWIFT CREEK TO WI:NTERPOCK ROAD)
COMBI:NED WI:DENING PROJECT
On motion of
set the date
consider the
anticipated
reimbursements
Road) combined
Mrs. Humphrey, seconded by Mr. King, the Board
of May 24, 2006 at 7:00 p.m. for the Board to
appropriation of an additional $2 million in
Virginia Department of Transportation
for the Route 360 (Swift Creek to Winterpock
Widening Project.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8 . D . 5 . AWARD OF CONSTRUCTI:ON CONTRACT
8 . D . 5 . a. FOR THE NEWBYS BRIDGE ROAD AT DORTONWAY DRIVE
PROJECT
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
authorized the County Administrator to enter into the
necessary enviror~ental permits and award a construction
contract to Shoosmi th Brothers, in the amount of $283,794,
for the Newbys Bridge Road at Dortonway Drive Project.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.D.5.b. FOR THE GAYLAND AVENUE WATER LI:NE REHABILI:TATI:ON
PROJECT TO GODSEY AND SON, I:NCORPORATED
-'"
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
awarded a construction contract to Godsey and Son,
Incorporated, in the amount of $113,114, for County Project
#05-0313, Gayland Avenue Water Line Rehabili tation Project,
and authorized the County Administrator to execute the
necessary documen1:s.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.D.6. STATE ROAD ACCEPTANCE
On motion of Mrs" Humphrey, seconded by Mr. King, the Board
adopted the follmving resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
06-379
04/26/06
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
this Board guarantees
as described, and any
drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Chanae to the Secondary System of State Hlahwavs:
Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference:
g33.1-229
Project:
Bayhlll Polnte, Section 15
.
Hollow Oak Road, State Route Number: 5720
From:
0.04 mi. S of Hollow Oak Dr., (Rt. 5597)
To:
Penny Bridge Dr., (Rt. 5951), a distance of: 0.04 miles.
Right-of-way record was filed on 8/17/2004 with the Office Of Clerk To Circuit Court in Pb. 146 Pg 83,
with a width of 44 feet
. Penny Bridge Drive, State Route Number: 5951
From: Hollow Oak Rd., (Rt. 5720)
To: Bailey Oak Dr., (Rt. 5953), a distance of: 0.03 miles.
Right-of-way record was filed on 8/17/2004 with the Office Of Clerk To Circuit Court in Pb. 146 Pg 83,
with a width of 50 feet
. Penny Bridge Drive, State Route Number: 5951
From: Bailey Oak Dr., (Rt. 5953)
To: Temporary end of maintenance, a distance of: 0.01 miles.
Right-of-way record was filed on 8/17/2004 with the Office Of Clerk To Circuit Court in Pb. 146 Pg 83,
with a width of 50 feet
. Bailey Oak Drive, State Route Number: 5953
From: Penny Bridge Dr., (Rt. 5951)
To: Bailey Oak Ct., (Rt. 5954), a distance of: 0.09 miles,
Right-of-way record was filed on 8/17/2004 with the Office Of Clerk To Circuit Court in Pb. 146 Pg 83,
with a width of 44 feet
. Bailey Oak Drive, State Route Number: 5953
From: Bailey Oak Ct., (Rt 5954)
To: Temporary end of maintenance, a distance of: 0.03 miles.
Right-of-way record was filed on 8/17/2004 with the Office Of Clerk To Circuit Court in Pb. 146 Pg 83,
with a width of 44 feet
. Bailey Oak Court, State Route Number: 5954
From: Bailey Oak Dr., (Rt. 5953)
06-380
04/26/06
To:
Cul-de-sac, a distance of: 0,03 miles.
Right-ai-way record was filed on 8/1"7/2004 with the Office Of Clerk To Circuit Court in Pb. 146 Pg 83.
with a width of 44 feet
. Penny Bridge Drlvlt, State Route Number: 5951
From: Hollow Oak Rd" (Rt 5720)
To: Penny Bridge PI., (Rt 5952), a distance of: 0.08 miles.
Right-of-way record was filed on 8/17/2004 with the Office Of Clerk To Circuit Court in Pb, 146 Pg 83,
with a width of 50 Feet
. Penny Bridge Drive, State Route Number: 5951
From: Penny Bridge PI., (Rt5952)
To: Cul-de-sac, a distance of: 0,11 miles,
Right-of-way record was filmi on 8/17/2004 with the Office Of Clerk To Circuit Court in Pb, 146 Pg 83.
with a width of 50 feet
. Penny Bridge Plac,e, State Route Number: 5952
From: Penny Bridge Dr" (Rt 5951)
To: Cul-de-sac, a distance of: 0,07 miles.
Right-of.way record was filOO on 8/17/2004 with the Office Of Clerk To Circuit Court in Pb, 146 Pg 83,
with a width of 44 feet
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
.-.-0'
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the sE!condary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that.
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
this Board guarantees
as described, and any
drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Twe Change to the Secondary System of State Hlahwavs:
Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference:
133.1.229
Project:
Oak Park, Section 1
06-381
04/26/06
· Live Oak Lane, State Route Number: 5983
From: Huguenot Rd., (Rt 147)
To: Live Oak Lane Roundabout, (Rt. 5984), a distance of: 0,03 miles.
Right-of-way record was filed on 7/3/2001 with the Office Of Clerk To Circuit Court in Pb. 118 Pg.98,
with a width of 40 feet
.
Live Oak Lane Roundabout, State Route Number: 5984
From:
Live Oak Ln., (Rt. 5983)
Live Oak Ct., (Rt. 5986), a distance of: 0.01 miles,
To:
Right-of-way record was filed on 7/3/2001 with the Office Of Clerk To Circuit Court in Pb. 118 Pg.98,
with a width of 110 feet
. Live Oak Court, State Route Number: 5986
From: Live Oak Lane Roundabout, (Rt. 5984)
To: Cul-de-sac, a distance of: 0.32 miles.
Right-of-way record was filed on 7/3/2001 with the Office Of Clerk To Circuit Court in Pb. 118 Pg.98,
with a width of 40 feet
· Live Oak Lane Roundabout, State Route Number: 5984
From: Live Oak Ct., (Rt. 5986)
To: Live Oak Ln., (Rt. 5983), a distance of: 0.01 miles.
Right-of-way record was filed on 7/3/2001 with the Office Of Clerk To Circuit Court in Pb. 118 Pg.98,
with a width of 110 feet
. Live Oak Lane, State Route Number: 5983
From: Live Oak Lane Roundabout, (Rt. 5984)
To: Temporary EOM, a distance of: 0.11 miles.
Right-of-way record was filed on 7/3/200 1 with the Office Of Clerk To Circuit Court in Pb, 118 Pg.98,
with a width of 40 feet
. Live Oak Lane Roundabout, State Route Number: 5984
From: Live Oak Ln., (Rt. 5983)
To: Live Oak Dr., (Rt. 5985), a distance of: 0.Q1 miles.
Right-of-way record was filed on 7/3/2001 with the Office Of Clerk To Circuit Court in Pb. 118 Pg.98,
with a width of 110 feet
. Live Oak Drive, State Route Number: 5985
From: Live Oak Lane Roundabout, (Rt. 5984)
To: Temporary EOM, a distance of: 0.03 miles.
Right-of-way record was filed on 7/3/2001 with the Office Of Clerk To Circuit Court in Pb. 118 Pg.98,
with a width of 40 feet
. Live Oak Lane Roundabout, State Route Number: 5984
From: Live Oak Dr., (Rt. 5985)
To: Live Oak Ln., (Rt. 5983), a distance of: 0.Q1 miles.
Right-of-way record was filed on 7/3/2001 with the Office Of Clerk To Circuit Court in Pb. 118 Pg,98,
with a width of 110 feet
06-382
04/26/06
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS f the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's ,?ubdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Chanae to the Secondary System of State Hlahwavs:
Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference:
i33.1-229
Project:
Oak Park, Section 2
.
Live Oak Lane, State Route Number: 5983
From:
0,11 mL W of Live Oak Lane Roundabout, (Rt 5984)
To:
Big Oak Ln" (Rt 815), a distance of: 0.21 miles,
Right-ol-way record was filed on 7/:30/2002 with the Office Of Clerk To Circuit Court in Pb, 128 Pg, 2,
with a width of 40 feet
. Live Oak Drive, State Route Number: 5985
From: 0,03 mL W of Live Oak Lane Roundabout, (Rt 5984)
To: Live Oak Cr., (Rt 5987), a distance 01: 0,04 miles.
Right-of-way record was Iiled on 7/:30/2002 with the Office Of Clerk To Circuit Court in Pb. 128 Pg, 2,
with a width of 40 leet
. Live Oak Circle, State Route Number: 5987
From: Live Oak Dr., (Rt 5985)
To: Live Oak Dr., (Rt 5985), a distance of: 0,24 miles.
Right-ol-way record was filed on 7/30/2002 with the Office Of Clerk To Circuit Court in Pb, 128 Pg, 2,
with a width 01 40 feet
Ayes: King, M:iller, Barber, Humphrey and Warren.
Nays: None.
06-383
04/26/06
8.D.7. AUTHORIZATION '1'0 EXERCISE EMINENT DOMAI:N FOR THE
ACQUI:SI:TI:ON OF EASEMENTS FOR HALLSLEY SUBDIVI:SION
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
authorized the County Attorney to proceed with eminent domain
for the acquisition of a 40-foot permanent waterline easement
and a 20-foot temporary construction easement across the
property of Jeanne G. Watkins (PIN 712707345700000), Trustee
of the Jeanne G. Watkins Trust Agreement dated July 16, 2002.
(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.D.8. REQUEST '1'0 VACATE AND REDEDICATE A SIXTEEN-FOOT WATER
EASEMENT, A 'l'WENTY-FooT S'1'ORH WATER MANAGEMENT
SYSTEM/BEST MANAGEMENT PRACTICE ACCESS EASEMENT AND A
VARI:ABLE WI:D'1'H S'1'ORH WATER MANAGEMENT SYSTEM/BEST
MANAGEMENT PRACTICE EASEMENT ACROSS THE PROPERTY OF
BELLWooD INVESTMENTS, LLC
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an agreement to vacate and
rededicate a 16-foot water easement, a 20-foot storm water
management/best management practice access easement and a
variable width storm water management/best management
practice easement across the property of Bellwood
Investments, LLC. (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.D.9. ACCEPTANCE OF PARCELS OF LAND
8.D.9.a. ALONG THE NORTHWEST RI:GHT OF WAY LI:NE OF OTTERDALE
ROAD FROM CHARLES J. HUBBARD AND HEADY FRANCES
HUBBARD
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
accepted the conveyance of a parcel of land containing 0.167
acres along the northwest right of way line of Otterdale Road
(State Route 667) from Charles J. Hubbard and Meady Frances
Hubbard, 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. D. 9 . c . ALONG THE NORTHWEST RIGHT OF WAY LINE OF OTTERDALE
ROAD FROM DELORES JONES LAMBERT
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
accepted the conveyance of a parcel of land containing 0.106
acres along the northwest right of way line of Otterdale Road
(State Route 667) from Delores Jones Lambert, and authorized
06-384
04/26/06
the County Administ:rator 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 . D. 9 . d. ALONG THE WEST RI:GHT OF WAY LINE OF WINTERPOCK ROAD
FROM F. CRAI:G WATERS
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
accepted the conveyance of a parcel of land containing 0.10
acres along t~he \llTest right of way line of Winterpock Road
(State Route 621) from F. Craig Waters, and authorized the
County Administrator to execute the deed. (It is noted a
copy of the pI at is filed with the papers of this Board.)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8 . D .10 . DECLARE A PARCEL OF LAND, WI:TH I:MPROVEMENTS, SURPLUS
AND OFFER FOR SALE
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
declared a parcel of land with improvements, PIN:
764688922400000, 4356 Ketcham Drive, surplus property, and
offered the property for sale by sealed bids. (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.D.ll. REQUESTS FOR PERMISSION
8. D .11. a. FROM VERI:ZON VIRGI:NI:A :INCORPORATED FOR UNDERGROUND
CABLE TO ENCROACH WITHIN A FORTY-FOOT COUNTY RI:GHT
OF WAY KNOWN AS TOWER LIGHT ROAD
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from Verizon Virginia Incorporated for
permission for underground cable to encroach within a 40-foot
unimproved county right of way known as Tower Light Road,
subj ect to the execution of a license agreement. (It is
noted copies of the plats are filed with the papers of this
Board. )
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.D.l1.b. FROM BON SECOURS-SAI:NT FRANCIS MEDICAL CENTER,
I:NCORPORATED FOR SEGMENTAL RETAI:NING WALLS TO
ENCROACH WI:THI:N A SIXTEEN-FOOT SEWER EASEMENT
ACROSS ITS PROPERTY
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from Bon Secours-Saint Francis Medical
Center, Incorporated for permission for segmental retaining
walls to encroach within a 16-foot sewer easement across its
property, subj ect to the execution of a license agreement.
06-385
04/26/06
(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.D.ll.c. FROM J. MAC HOMES, INCORPORATED FOR AN EXCEPTI:ON
TO THE USE OF PUBLI:C WASTEWATER FOR A PROPOSED
RESI:DENTIAL STRUCTURE LOCATED ON ACADEMY DRrvE
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from J. Mac Homes, Incorporated for an
exception to the use of public wastewater for a proposed
residential structure located at 10780 Academy Drive. (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.D.ll.d. FROM LOUI:S B. AND SUZANNE SCHIMMEL FOR A PROPOSED
WOODEN DECK '1'0 ENCROACH WITHI:N A SIXTEEN-FOOT
DRAI:NAGE EASEMENT ACROSS LOT S, SMOKE TREE ,
SECTI:ON 0
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from Louis B. Schimmel and Suzanne
Schimmel for permission for a proposed wooden deck to
encroach wi thin a 16-foot drainage easement across Lot 5,
Smoketree, Section 0, 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.D.12. APPROVAL OF FY2007 PRIORITY LIST OF PRI:MARY AND
I:NTBRSTATE NEEDS
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
authorized the transmittal of a primary and interstate road
needs letter to the Commonwealth Transportation Board and the
county's Legislative Delegation. (It is noted a copy of the
Priority List of Highway Projects and letter to the
Commonwealth Transportation Board are filed with the papers
of this Board.)
..~
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
The following item was removed from the Consent Agenda for
citizen comment:
8 . D. 9 . b . ACCEPTANCE OF A PARCEL OF LAND ALONG THE NORTH
RIGHT OF WAY LINE OF GENI:TO ROAD FROM COURTSIDE,
L.C.
Ms. Andrea Epps expressed concerns relative to the additional
traffic that will be generated at the intersection of Fox
06-386
04/26/06
Chase Drive and Genito Road as a result of recently approved
developments.
In response to Board members questions, Ms. Epps stated it is
her opinion that the zoning is incorrect for the parcel of
land the count:y is being asked to accept. She further stated
she is asking the Board not to accept the parcel of land and
to request that the Planning Commission review the zoning of
the property surrounding the intersection.
Discussion ensued relative to issue Ms. Epps raised during
the January 25, 2006 public hearing when the Board considered
an amendment to Conditional Use Planned Development to permit
drive thru facilities on property located on Genito Road in
the vicinity of this intersection.
In response to Mr. Miller's question, Mr. Micas stated the
Board approved t~he amendment to Conditional Use Planned
Development more than 30 days ago, and the decision was not
appealed. He further stated the county is being asked to
accept the property for right of way as a condition of the
zoning amendment.
Ms. Epps stated she is not contesting the property ownership,
just the zoning.
In response to Mr. Warren's question, Ms. Epps stated she has
a petition with approximately 200 signatures of citizens
requesting that access from Charter Colony not be granted for
the CVS Pharmacy, and also requesting a review of the zoning
of this piece of property and the property surrounding the
intersection of Fox Chase Drive and Genito Road.
In response to Mr. King's question, Mr. Turner stated he
investigated the issue Ms. Epps raised at the January 25th
public hearing and provided a determination, in writing, that
the property was properly zoned. He further stated the time
period for appeal of his decision to t~he Planning Commission
has expired.
Mr. Miller stated Ms. Epps and the other citizens should have
an opportunity to provide input regarding the access location
of the CVS Pharmacy.
Mr. Turner stated Planning staff is in the process of
reviewing site plans for the CVS Pharmacy, and it is
important that the community follow the site plan process.
He further stated if the community is not pleased with
staff's decision, they have the right to appeal to the
Planning Commission on the basis of safety concerns.
In response
improvements
accept the
improvements
to Mr. Warren's questions, Mr. Harmon stated
have already been made, and the county must
conveyance of right of way so that the
can be accepted into the state road system.
No one else came forward to speak to the issue.
Mr. Warren made a motion, seconded by Mr. King, for the Board
to accept the conveyance of a parcel of land containing 0.202
acres along t:he north right of way line of Genito Road (State
Route 604) from Courtside, L.C.! and authorize the County
Administrator to execute the deed.
06-397
04/26/06
Mr. Miller stated Ms. Epps' concerns are broader than the
property acceptance and ownership, and Mr. Turner will
provide her with information regarding access issues at the
intersection she is concerned about.
Mr. King called for a vote on the motion of Mr. Warren,
seconded by Mr. King, for the Board to accept the conveyance
of a parcel of land containing 0.202 acres along the north
right of way line of Genito Road (State Route 604) from
Courtside, L. C., and authorize 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.
9 . REPORTS
9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPI:TAL PROJECTS, DISTRI:CT I:MPROVEMENT FONDS AND
LEASE PURCHASES
9 . B . REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9 . C . REPORT ON VIDEO SERVI:CE IN PORTI:ONS OF THE COUNTY BY
CAVALIER I:PTV
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved the following reports: a Report on the Status of
General Fund Balance, Reserve for Future Capital Projects,
District Improvement Funds and Lease Purchases; a Report on
Developer Water and Sewer Contracts; and a Report on Video
Service in Portions of the County by Cavalier IPTV.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
10. FI:FTEEN-MI:NUTE CITI:ZEN COMMENT PERIOD ON UNSCHEDULED
MA'1"1'ERS
Mr. Timothy Whitworth signed up to address the Board at this
time; however, he was not present at the meeting.
Mr. George Beadles suggested that the Board place half of the
annual District Improvement Fund allocations into
supervisors' accounts in July and the other half in January
so that newly elected supervisors would still have District
Improvement Funds available when they took office on January
1st.
11. DINNER WI:TH MEMBERS OF THE CHESTERFIELD VOLUNTEER
FI:RE CHI:EFS ASSOCI:ATI:ON
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
members recessed to the Administration Building, Room 502,
for a dinner meeting with members of the Chesterfield
Volunteer Fire Chiefs Association.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06-388
04/26/06
Reconvening:
Mr. Les Lauziere, President of the Chesterfield volunteer
Fire Chiefs Association, expressed appreciation for the
leadership provided by Chief Mauger during his first year as
fire chief. He highlighted recent accomplishments of
Chesterfield's volunteer fire companies, including Company
13' s Auxiliary support of operations; securing of federal
grants for fire apparatus and equipment; and fundraising
efforts. He statE~d greater incentives are very important for
the retention of volunteer firefighters. He then made
several re~Jests of the Board, including increased call
reimbursement; funding of the Volunteer Length of Service
Award Program (VOLSAP); increased annual volunteer fire
company reimbursement; funding for volunteer fire station
enhancements; and updated pagers and a pager alerting system.
He thanked the Board for meeting with the association.
Mr. Ramsey commended Company 13 Auxiliary for their
exceptional service during the recent rescue efforts at Swift
Creek Reservoir.
Reconvening:
12 . I:NVOCATI:ON
Reverend Juanita Harrison, Minister of Christian Education,
Tabernacle Baptist Church, gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERI:CA
Deputy County Administrator Bradford Hammer led the Pledge of
Allegiance to the flag of the United States of America.
14. RESOLUTI:ONS
14.A. RECOGNI:ZI:NG MR. BRADFORD HAMMER FOR HIS SERVICE TO
CHESTERFI:ELD COUNTY
Mr. Ramsey called forward Mr. Brad Hammer to receive the
resolution. He stated Mr. Hammer has made tremendous
contributions to the county during his 20 years of service.
He further stated Mr. Hammer has been a valuable member of
the county's leadership team and a great colleague, and he
will truly be missed. He wished Mr. Hammer the best in his
retirement.
Mr. Barber st:ated Mr. Hammer has done a lot in the community
and is leaving quite a legacy behind. He thanked him on
behalf of those who could not be here today to do so in
person.
Mr. Warren thanked Mr. Hammer for the working relationship he
had with The Friends of the Library during the construction
of the new LaPrade Library and for his good advice about
playing golf.
06-389
04/26/06
Mr. Miller stated he has never known a person who served the
public with more professionalism and integrity than Mr.
Hammer. He thanked Mr. Hammer for everything he has done for
the county and wished him Godspeed in his retirement.
Mrs. Humphrey thanked Mr. Hammer for leading the county's
efforts to restore the community following Hurricane Isabel.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. Bradford S. Hammer is Chesterfield County's
deputy county administrator for Human Services, overseeing
the daily operations of Community Corrections Services,
Extension Services, the Health Department, Juvenile Detention
Home, Juvenile Group Home, Court Services, Public Libraries,
Mental Health Support Services, the Lucy Corr Nursing Home,
Parks and Recreation, Social Services and Youth Planning and
Development; and
WHEREAS, Mr. Hammer previously served as Chesterfield
County's deputy county administrator for Management Services
from 1986 until July 1997; and
WHEREAS, prior to his employment with Chesterfield
County, Mr. Hammer had already achieved an exemplary level of
success, including serving in the governor's office in West
Virginia, serving as a federal state grants coordinator in
Fairfax County, Virginia, as Community Services Board
director for the Greater Williamsburg Area, as budget
director for the City of Newport News, and as deputy city
manager of the City of Alexandria; and
WHEREAS, Mr. Hammer led the county bond team that helped
Chesterfield County attain AAA bond ratings from 1986-1998
with the Public Resources Advisory Group; and
WHEREAS, Mr. Hammer was proj ect leader for the 1989
courthouse, Rogers Building, Public Safety Training Center
and Information Systems Technology buildings; and was co-
founder and corporate treasurer of Virginia Civil War Trails,
now operating in Virginia, Maryland and North Carolina; and
WHEREAS, Mr. Hammer co-chaired the work group to take
Brandermill Woods Retirement Center out of federal bankruptcy
and to become a successful, self-supporting, not-for-profit
retirement community; and
WHEREAS, Mr. Hammer served as president,
Virginia Health Planning Agency from 2003-2005,
served as president of Richmond Sportsbackers; and
Central
and also
-
WHEREAS, Mr. Hammer was the original manuscript editor
of Chesterfield County History, Volume II; and
WHEREAS, Mr. Hammer served as chair,
Retirement Board from 1986-2006, and as chair,
Services Management Team from 1998-2006; and
Supplemental
Comprehensive
WHEREAS, Mr. Hammer also was chair,
Chesterfield/Colonial Heights Criminal Justice Board and
chair, Richmond Urban Area Initiative Federal Homeland
Security Task Force, overseeing expenditures for a $6.5
million grant from 2004-2006; and
06-390
04/26/06
WHEREAS, Mr. Hammer, having devoted 35 years to public
service, exemplified by outstanding leadership, wisdom,
vision and dedication, has announced that he will retire from
service with Chesterfield County on May 1, 2006.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 26th day of April 2006,
publicly recognizes the exemplary career achievements of Mr.
Bradford S. Hammer, thanks him for his innumerable
contributions to the people of Chesterfield County and the
Greater Metropolitan Richmond region, and extends to him
heartfelt appreciation and warmest wishes for a long and
happy retirement.
AND, BE IT FURTHER RESOLVED, that a copy of
resolution be presented to Mr. Hammer and that
resolution be permanently recorded among the papers of
Board of Supervisors of Chesterfield County, Virginia.
this
this
this
Ayes: King, Millel~, Barber, Humphrey and Warren.
Nays: None.
The executed resolution was presented to Mr. Hammer,
accompanied by his wife, Board members and Mr. Ramsey.
Mr. King expressed appreciation to Mr. Hammer for a job well
done and wished him well in his retirement. He then
introduced Mr. George Drumwright, Henrico County's Deputy
County Manager for Special Services.
Mr. Drumwright presented Mr. Hammer with a plaque in
recognition of his service as a member of the Virginia
Association of Local Human Service Officials (VALSO), and
expressed appreciation for the expertise he provided in the
field of human services.
Mr. Hammer expressed appreciation to his Administrative
Assistants, Ms. Ann Crews, and Ms. Stephenie Mann, for their
outstanding assistance during his tenure. He also thanked
his department heads, Board members and judges, past and
present, fellow VALSO members, his wife, Mr. Ramsey, Mr.
Micas and others for their support throughout the years.
14.B. RECOGNI:ZI:NG MAY 14-20, 2006, AS "EMERGENCY MEDICAL
SERVI:CES WEEK" I:N CHESTERFI:ELD COUNTY
Mr. David Tesh, Volunteer Recruitment and Retention
Coordinator, introduced Mr. Les Ryan, representing Ettrick-
Matoaca Volunteer Rescue Squad; l'-:Ir. Kyle McLaughlin,
representing Manchester Volunteer Rescue Squad; I>1s. Fran
Phillips, representing Forest View Volunteer Rescue Squad;
Mr. Barry Drumheller, representing Bensley-Bermuda Volunteer
Rescue Squad;: Ms. Tammy Higgins, representing the Emergency
Communications Center; and Battalion Chief Robert Lukhard,
representing Chesterfield Fire and Emergency Medical
Services, who were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, emergency medical services is a vi tal public
service; and
06-391
04/26/06
WHEREAS, the members of emergency medical services teams
are ready to provide lifesaving care to those in need twenty-
four hours a day, seven days a week; and
WHEREAS, access to quality emergency care dramatically
improves the survival and recovery rate of those who
experience sudden illness or injury; and
WHEREAS, injury prevention and the appropriate use of
the EMS system will help reduce national health care costs;
and
WHEREAS, emergency medical services providers have
tradi tionally served as the safety net of America's health
care system; and
WHEREAS, emergency medical services teams consist of
emergency physicians, emergency nurses, emergency medical
technicians, paramedics, firefighters, communications
officers, educators, administrators, and others; and
WHEREAS, working together, these emergency medical
services teams responded to 21,996 medical emergencies in
2005; and
WHEREAS, the members of emergency medical services
teams, whether career or volunteer, engage in many hours of
specialized training and continuing education to enhance
their lifesaving skills; and
WHEREAS, the citizens and guests of Chesterfield County
benefit daily from the knowledge and skills of these highly
trained individuals; and
WHEREAS, it is appropriate to recognize the value and
the accomplishments of the emergency medical services
providers from Chesterfield Fire and EMS, Chesterfield
County's Emergency Communications Center, and the Volunteer
Rescue Squads of Bensley-Bermuda, Ettrick-Matoaca, Forest
View, and Manchester.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 26th day of April 2006,
publicly recognizes the week of May 14-20, 2006, as
"Emergency Medical Services Week."
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
Mr. Barber presented executed resolutions to representatives
from each of the rescue squads, Chesterfield Fire and EMS,
and the Emergency Communications Center, and expressed
appreciation for the valuable services provided by the
county's emergency medical services providers.
Mr. Drumheller expressed appreciation to the Board for its
continued support of emergency medical services in
Chesterfield County.
06-392
04/26/06
14. C. RECOGNI:ZI:NG MR. ANDREW DE:ITRI:CK FOR HI:S OUTSTANDI:NG
LEADERSHI:P
Mr. Kappel int~roduced Mr. Andrew Dei trick, who was present to
receive the resolution.
On motion of t;he Board, the following resolution was adopted:
WHEREAS, Mr. Andrew Dei trick is a student at Monacan
High School; and
WHEREAS, Mr. Deitrick began playing golf at The First
Tee of Chesterfield approximately five years ago; and
WHEREAS, along with playing golf, Mr. Deitrick took
classes in Life Skills, such as goal setting, as part of The
First Tee's program; and
WHEREAS, after undergoing this training, Mr. Dei trick
also attended a week-long academy at Kansas State University;
and
WHEREAS, at that academy, and at another one held at the
same university the following year, Mr. Deitrick was able to
apply the Life Skills training he received at The First Tee
of Chesterfield to work effectively with other students; and
WHEREAS,
Dei trick was
Beach, and
course; and
during his second academy experience, Mr.
selected to tryout for a tournament at Pebble
subsequently qualified for this prestigious
WHEREAS, during the week of the tournament, Mr. Deitrick
faced many unprecedented challenges and pressures, which he
was able to overcome; and
WHEREAS, Mr. Deitrick has since spoken to large groups,
and given privatI::! interviews, to help others to learn and
apply the Life Skills training he has acquired; and
WHEREAS, it is appropriate to recognize Mr. Deitrick for
his exemplary and selfless efforts to mentor other young
people in order to enable them to be more successful in life.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
Board of Supervisors, this 26th day of April 2006, publicly
recognizes t:he outstanding example set by Mr. Andrew
Dei trick, corrunends him for his leadership ef forts to assist
other young people, and wishes him continued success in all
his endeavors.
AND, BE: IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Deitrick, and that this
resolution be re,corded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
Mr. Warren presented the executed resolution to Mr. Deitrick,
commended him on his outstanding leadership skills, and
wished him well in his future endeavors.
06-393
04/26/06
Mr. Deitrick expressed appreciation to the Board for its
support of First Tee Chesterfield and also to his parents for
their support.
15. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWI:NG ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATI:ON AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE I:S PUBLI:C OPPOSITION
WILL BE HEARD AT SECTI:ON 17
05SN0185
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 exceptions to
Ordinance requirements. The density of such amendment will
be controlled by zoning condi tions 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 feet 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).
Mr. Turner stated the applicant has requested a deferral
until May 24, 2006.
Mr. Jim Theobold, representing the applicant, requested a
deferral until May 24, 2006.
Mr. King called for public comment on the deferral.
No one came forward to speak to the deferral.
On motion of Mr. Barber, seconded by Mr. King, the Board
deferred Case 05SN0185 until May 24, 2006.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06SN0141 (Amended)
,........
In Clover Hill Magisterial District, TBA DEVELOPMENT LLC
requests rezoning and amendment of zoning district map from
Agricul tural (A) to Residential (R-12). Residential use of
up to 3.63 units per acre is permitted in a Residential (R-
12) District. The Comprehensive Plan suggests the property
is appropriate for medium density residential use of 1.51 to
4.0 units per acre. This request lies on 26.9 acres lying at
the northern termini of South Twilight Lane and Oxer Road.
Tax IDs 757-696-Part of 7441 and 8070 and 758-696-Part of
0254 and Part of 2884 (Sheet 11).
Mr. Turner presented a summary of Case 06SN0141 and stated
the Planning Commission and staff recommended approval of the
06-394
04/26/06
rezoning request and acceptance of the proffered conditions,
and also recommended approval of the request for waiver to
street connectivity requirements because connection would
result in traffic cut-through that would substantially
increase the volume traffic on connecting subdivisions which
in some instances already exceed 1,500 cars per day.
Mr. Andy Scherzer, 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. Warren, seconded by Mr. Miller, the Board
approved Case 06SN0141 and accepted the following proffered
conditions:
1.
Public water and wastewater shall be used.
(U)
2. The applicant, subdivider, or assignee(s) shall pay the
following, for infrastructure improvements wi thin the
service district for the property, to the county of
Chesterfield prior to the issuance of building permit:
A. $15,600.00 per dwelling unit, if paid prior to July
1, 2006,; or
B.
The amount approved by the Board of Supervisors not
to exceed $15,600.00 per dwelling unit adjusted
upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 2005, and July
1 of the fiscal year in which the payment is made
if paid after June 30, 2006.
~'
C.
Cash proffer payments
purposes proffered or
law. (B&M)
shall be spent for
as otherwise permitted
the
by
3. The maximum density of this development shall not exceed
forty five (45) lots. (P)
4. Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices installed. (EE)
5. All dwelling units shall have a minimum gross floor area
of 1800 square feet. (BI&P)
6. All exposed portions of the foundation of each new
dwelling unit shall be faced with brick or stone veneer.
Exposed piers supporting front porches shall be faced
with brick or stone veneer. fBI&P)
7. Prior to tentative subdivision approval, the developer
shall submit certification to the Planning Department
that all adjacent property owners have been notified in
writing of the submission of the tentative plan to the
County for review and approval. The tentative
subdivision application shall not be considered complete
06-395
04/26/06
until such certification has been submitted to the
Planning Department. The fifteen (15) day period for
referral to the Planning Commission shall not commence
until such certification has been provided. (P)
8.
Until such time as the project is fully developed and
all initial occupancy permits have been granted, all
exterior construction activity shall be limited to
between the hours of 6:00 am and 9:00 pm. This
condition shall not preclude interior construction
activity once the structure is enclosed by walls and a
roo f . ( P)
-
9 .
There
Lane.
shall be no vehicular access
(P&T)
to North Twilight
10. The developer shall design and construct the subdivision
such that no water from impervious surfaces shall sheet
flow onto Three pines subdivision to the west or
Foxberry subdivision to the south. (EE)
11. The following shall be recorded as deed restrictions in
conjunction with the recordation of any subdivision
plat:
A. No lot shall be used except for residential
purposes.
B. No initial improvements including, without
limitation, a dwelling, accessory structure, or
addition such as a carport, driveway, porch,
sidewalk, roof, lamp post, fence, garage, or other
outbuildings, landscaping, antenna, or similar
device, or change in the exterior color or siding
material shall be made, erected, altered, or
replaced unless two sets of detailed plans and
specifications, including a site plan locating all
such improvements and describing exterior finishes
(material and color, including roof) have first
been submitted to and approved by Declarant in
writing.
C. Declarant reserves unto itself the right and
privilege to install gas lines, water lines, sewer
lines, storm sewers, electric lines, telephone and
telegraph poles, lines and wires, and other
utilities and appurtenances in the street and
roads of the Subdivision and along the property
lines of the Lots, and to grant to other persons,
companies, or corporations any or all of such
rights and privileges, but the reservation of such
rights shall not relieve any grantee form the
obligation to pay the usual and customary charges
made with respect to his Lot for the installation
and/or connection of utilities.
D. In considering requests for approval of fences and
hedges, the following general guidelines will be
applied:
i. No fence shall be permitted in the front yard
of any Lot (between the building setback line
and street line).
06-396
04/26/06
ii. No fence or hedge shall generally be permitted
higher than 48 inches of any Lot.
iii. No chain link fences or fences of other
materials similar in nature or appearance will
be permitted on any Lot.
E. Declarant may in its absolute discretion waive or
modify these guidelines and consider such other
cri t:eria as it shall deem appropriate.
F. No sign of any kind shall be displayed to public
view on any Lot, unless first approved in writing
by Declarant, except on sign of not more than four
(4) square feet advertising the property for sale
or rent, or signs used by a the initial
construction and sales period.
G. No use shall be made of any Lot, or any part
thereof which constitutes a nuisance or which would
adversely affect the value or marketability of
other Lots, No stables, swine, sheep, cows, or the
like shall be permi tted on any Lot. All trash,
garbage and/ or rubbi sh shall be kept in sani tary
containers located so as not to be visible from a
public street except as necessary for limited times
in connection with pickup and removal by disposal
services and except during periods of construction.
H. No driveway, entranceway, or sidewalk shall be
constructed on any Lot unless approved as provided
in paragraph B.
1.
No above ground swimming pools shall be permitted.
No in-ground swimming pools shall be located nearer
to any street line than the rear building line of
the dwelling.
-.,
J. No structure of a temporary character or any
trailer, tent, barn, or other outbuildings shall be
used on any Lot at any time as a residence, either
temporarily or permanently.
K.
No trees over six (6)
removed from any Lot
approval of Declarant.
inches in diameter shall be
without the prior written
L. No portable air conditions units will be place in
any window of a dwelling or other building if
visible from a public street.
M. No exterior television antenna (including "dish"
t~~Je) or other antennas shall be permitted to
extend over five (5) feet above the roofline of any
building, except as permitted by law.
N. No motor vehicle will be parked on or adj acent to
any Lot which does not have a current state
license, state inspection sticker, and county
license, and no commercial vehicle, such as a
school bus, delivery truck, or other large vehicle
or equipment will be parked on a street. in the
subdivision or on any Lot. No recreational vehicle
(mobile home, camping trailer, and other similar
06-397
04/26/06
vehicles) shall be
Subdivision or on a
on plans that have
Paragraph B.
parked on a street in the
Lot except in a driveway shown
been approved as provided in
o. Anyone or more of the covenants or restrictions
imposed by paragraphs A through N above may be
waived or modified, in whole or in part, as to the
entire Subdivision or and part thereof, by written
instrument signed by Declarant and recorded where
these restrictions are recorded.
P. In addition to the foregoing conditions and
restrictions, the Lots shall be subject to
easements for drainage and utilities, including
power and telephone lines, as shown on the plat,
and any other easements of record at the time of
conveyance of any Lot.
Q. Invalidation of anyone of the provisions of these
restrictions by judgement, court order, or
otherwise shall in no way affect any of the other
provisions which shall remain in full force and
effect.
R. Declarant reserves the right to assign and transfer
to any person, persons, or entity some or all of
its rights provided herein and in such event such
transferee shall have and may exercise all such
rights to the same extent as if he, they, or it
were the Declarant.
S. Declarant shall have the full right and privilege
to enforce all restrictions and conditions
contained herein by appropriate proceeding at law
for damages and/or in equity for appropriate
injunctive relief and restraining orders to prevent
violations, or to require violations to be
corrected, together with damages sustained
including, without limitation, attorneys' fees and
costs. In addition, any Owner shall have, after
seventy-five percent (75%) or more of the Lots have
been conveyed to purchasers other than builders,
the right to enforce compliance with these
restrictions as provided in this paragraph.
T.
These restrictions shall run with the land and be
binding upon any and all succeeding owners, their
personal representatives, estates, heirs, devisees,
assigns, or successors in interest or any other
partied having or taking an interest in or to the
Property, or any part thereof, and shall
automatically be extended for successive periods of
ten (10) years unless otherwise provided in a
written instrument executed by the owners of a
majority of the Lots in the Subdivision unless a
release, waiver, or breach of anyone or more of
the restrictions contained herein or any part
thereof is required or agreed to by a court or
governmental authority having jurisdiction over the
Property.
06-398
04/26/06
U. The Declarant hereby reserves the right, at
Declarant's sole discretion, to add the Additional
Land to the property subject to the Declaration of
Protective Covenants. (PI
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
Mr. Warren t.hen made a motion, seconded by Mr.
the Board to approve the request for waiver
connectivity requirements for Case 06SN0141.
Miller, for
to street
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06SN0161
In Bermuda Magisterial District, BARTHURST HOMES, INC.
requests rezoning and amendment of zoning district map from
Agricul tural (A) to Residential (R-12). Residential use of
up to 3.63 units per acre is permitted in a Residential (R-
12) District. The Comprehensive Plan suggests the property
is appropriat:e for residential use of 2.51--4.0 units per
acre. This request lies on 7.2 acres fronting approximately
650 feet on the south line of Old Happy Hill Road, also
fronting approximately 230 feet on the east line of Branders
Bridge Road and located in the southeast quadrant of the
intersection of these roads. Tax ID 785-646-8847 (Sheet
34) .
Mr. Turner presented a summary of Case 06SN0161 and stated
the Planning Corrunission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Larry Barthurst, 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. Warren, the Board
approved Case 06SN0161 and accepted t_he following proffered
conditions:
1. The applicant, subdivider, or assignee(s) shall pay the
followin9 to the County of Chest.erfield prior: to the
issuance of a building permi t for infrastructure
improvemEmts wi thin the service district for the
property:
Al $15,600.00 per dwelling unit, if paid prior to July
1, 2006; or
B) The amount approved by the Board of Supervisors not
to exceed $15,600.00 per dwelling unit adjusted
upward by any increase in the Marshall and Swift
building cost index between July 1, 2005, and July
1 of the fiscal year in which the payment, is made
if paid after June 30, 2006.
06-399
04/26/06
C)
Cash proffer payments
purposes proffered or
law. (B&M)
shall be spent for the
as otherwise permitted by
2. Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices have been installed. (EE)
3. In conjunction with the recordation of the initial
subdivision plat, forty-five (45) feet of right of way
on the south side of Old Happy Hill Road and forty-five
(45) feet of right of way on the east side of Branders
Bridge Road, measured from the centerlines of those
roads, shall be dedicated, free and unrestricted, to and
for the benefit of Chesterfield County. (T)
4. There shall be no direct access from the property to
Branders Bridge Road. Direct access from the property
to Old Happy Hill Road shall be limited to one (1)
public road. The exact location of this public road
shall be approved by the Transportation Department. (T)
5. In conjunction with the initial section, the developer
shall be responsible for the following improvements:
i)
Construction of
Hill Road at
provide left
Transportation
additional pavement along Old Happy
the public road intersection to
and right turn lanes based on
Department standards.
ii) Widening/improving the south side of Old Happy Hill
Road and the east side of Branders Bridge Road to
an eleven (11) foot wide travel lane, measured from
the existing centerline of the road, with an
additional one (1) foot wide paved shoulder plus a
seven (7) foot wide unpaved shoulder, and
overlaying the full width of the road with one and
a half (1.5) inch of compacted bituminous asphalt
concrete, with any modifications approved by the
Transportation Department, for the entire property
frontage; and,
iii) Dedication, free and unrestricted, to and for the
benefi t of Chesterfield County, of any additional
right-of-way (or easements) required for these
improvements. (T)
6.
All dwelling units shall have a minimum gross floor area
of 2500 square feet. (P)
~
7. Prior to tentative subdivision approval, the developer
shall submit certification to the Planning department
that all adjacent property owners have been notified in
writing of the submission of the tentative plan to the
county for review and approval. The tentative
subdivision application shall not be considered complete
until such certification has been submitted to the
planning Department. The fifteen (15) day period for
06-400
04/26/06
referral to ,the planning Commission shall not commence
until such certification has been provided. (P)
8.
At a minimum the following
be recorded in conjunction
subdivision plat:
restrictive covenants shall
with recordation of any
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06SN0197
In Bermuda Magisterial District, MICHAEL A. COLE requests
rezoning and amendment of zoning district map from Community
Business (C-3) and Light Industrial (I-1) 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 and residential use of 2.51-4 units per acre.
This request lies on 6.3 acres fronting approximately 120
feet on the \\Test line of ,Jefferson Davis Highway
approximately 430 feet south of Walmsley Boulevard. Tax IDs
789-692-Part of 4413 and 6959 (Sheet 12) .
Mr. Turner presented a summary of Case 06SN0197 and stated
the Planning Corrunission and staff recommended approval and
acceptance of one proffered condition.
Mr. Michael Cole stated the recommendation is acceptable.
Mr. King called for public comment.
Ms. Ree Hart, re!presenting the fu'Tlpthi 11 Civic Association,
stated she supports the request.
Mr. Floyd O'Brien, a resident of Falling Creek Avenue, stated
he supports the r'equest.
There being no one else to speak to the request, the public
hearing was closed.
On motion of Mr" King, seconded by Mr. Barber, the Board
approved CaSE~ 06SN0197 and accepted the following proffered
condition:
Uses permi tted
right or wi t:h
District except
shall be limited to those uses permitted by
restrictions in the General Business (C-5)
the following uses shall not be permitted:
1. Travel trailer parks;
2. Manufactured home, modular home and travel trailer
sales, service, repair and rental;
3. Motels, motor courts or tourist homes;
4. Tractor-trailer service stations; and,
5. Truck terminal.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06-401
04/26/06
06SR0261
In Midlothian Magisterial District, MARY ROSS LEE requests
renewal of temporary manufactured home permi t 99SN0235 to
park a temporary manufactured home in a Residential (R-7)
District. The density of this proposal is approximately two
(2) uni ts per acre. The Comprehensive Plan suggests the
property is appropriate for residential use. This property
is known as 1320 Railroad Avenue. Tax ID 728-709-3772 (Sheet
5) .
Mr. Turner presented a summary of Case 06SR0261 and stated
staff recommended approval for seven years, subject to
conditions.
Mr. Barber stated staff had informed him that it would be
very difficult for the applicant to be physically present at
the meeting.
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 06SR0261 for seven years, subject to the
following conditions:
1. The applicant shall be the owner of the temporary
manufactured home.
2. The temporary manufactured home permit shall be granted
for a period not to exceed seven (7) years from date of
approval.
3. No lot or parcel may be rented or leased for use as a
temporary manufactured home site nor shall any temporary
manufactured home be used for rental property.
4. No additional permanent-type living space may be added
onto a temporary manufactured home. All temporary
manufactured homes shall be skirted but shall not be
placed on a permanent foundation.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06SN0157
,~
In Matoaca Magisterial District, M&K DEVELOPERS, LLC request
rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12) with Conditional Use
Planned Development to permit exceptions to Ordinance
requirements. Residential use of up to 3.63 units per acre
is permi tted in a Residential (R-12) District. The
Comprehensive Plan suggests the property is appropriate for
single family residential use of 2.2 units per acre or less.
This request lies on 10.0 acres fronting approximately 710
feet on the west line of North Spring Run Road approximately
360 feet north of Triple Crown Drive. Tax IDs 726-667-5732
and 8727 (Sheet 15).
06-402
04/26/06
Ms. Beverly Rogers presented a summary of Case 06SN0157 and
stated the Planning Commission and staff recommended approval
subject to one condition and acceptance of the proffered
conditions.
Mr. Andy Scherzer, 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 Mrs. Humphrey, seconded by Mr. Miller, the Board
approved Case 06SN0157, subject to the following condition:
The Textual Statement dated .January 12, 2006 shall be
considered the Master Plan. (P)
And, further" the Board accepted the following proffered
conditions:
1.
Public water and wastewater shall be used.
(U)
2. The applicant, subdivider, or assignee(s) shall pay the
following, for infrastructure improvements within the
service district for the property, to the county of
Chesterfield prior to the issuance of a building permit:
A. $15,600.00 per dwelling unit, if paid prior to July
1, 2006; or
B. The amount approved by the Board of Supervisors not
to exceed $15,600.00 per dwelling unit adjusted
upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 2005, and July
1 of the fiscal year in which the payment is made
if paid after June 30, 2006.
C.
Cash proffer payments
purposes proffered or
law. (B&M)
shall be spent for
as otherwise permitted
the
by
3. The maximum density of this development shall not exceed
twenty two (22) lots. (P)
4. Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices installed. (EE)
5. Direct vehicular access from the property to Spring Run
Road shall be limited to one (1) public road. (T)
6. Within sixty (60) days of approval of this request,
forty-five (45) feet of right-of-way along the west side
of Spring Run Road, measured from the centerline of that
part o:E the roadway immediately adjacent to the
property, shall be dedicated, free and unrestricted, to
and for the benefit of Chesterfield County. (T)
06-403
04/26/06
7. In conjunction with the development of the initial
section, the developer shall:
A. Construct additional pavement along Spring Run Road
at the public road intersection to provide a right
and left turn lanes, based on Transportation
Department standards.
B. Widen/ improve the west side of Spring Run Road to
an eleven (11) foot wide travel lane, measured from
the existing centerline of the road, with an
additional one (1) foot wide paved shoulder plus a
seven (7) foot wide unpaved shoulder, and
overlaying the full width of the road with one and
a half (1.5) inch of compacted bituminous asphalt
concrete, with any modifications approved by the
Transportation Department, for the entire property
frontage, and
c.
Dedicate free and unrestricted to and for the
benefit of Chesterfield County, any additional
right-of-way (or easements) required for these
improvements. In the event the developer is unable
to acquire any "off-site" right-of-way that is
necessary for any of these improvements, the
developer may request, in writing, that the County
acquire such right-of-way as a public road
improvement. All costs associated with the
acquisition of the right-of-way shall be borne by
the developer. In the event the County chooses not
to assist the developer in acquisition of the "off-
site" right-of-way, the developer shall be relieved
of the obligation to acquire the "off-site" right-
of-way and shall provide the road improvements
within available right-of-way, as determined by the
Transportation Department. (T)
8.
Manufactured homes shall not be permitted.
(P)
9.
Sidewalks. Sidewalks shall be provided that
pedestrian access within the development.
sidewalks shall be located on both sides
roads. (P)
facilitate
Generally,
of public
10. Driveways. All private driveways shall be hardscaped.
The exact treatment shall be approved at the time of plan
review. (P)
11. Street Trees. Street trees shall be provided along both
sides of all public roads within the development. (P)
12. Focal Point. A minimum of 0.75 acres of open space
shall be provided within the development to provide a
"focal point". Part of the focal point area shall be
"hardscaped" and have benches and other amenities that
accommodate and facilitate gatherings. A portion of the
focal point may include an area devoted to best
management/storm water facilities. The focal point
shall be developed concurrent with the phase of
development that the focal point is intended to serve.
(P)
06-404
04/26/06
13.
Garages. Front loaded garages
closer to the street than the
dwelling unit. (P)
shall
front
be located
fa<;ade of
no
the
14. Buffers. All required buffers shall be located wi thin
recorded open space. (P)
15. The minimum gross floor area for one story dwelling
units shall be 1700 square feet and dwelling units with
more than one story shall have a minimum gross floor
area of 1800 square feet. (BI&P)
16. All exposed portions of the foundation of each new
dwelling unit shall be faced with brick or stone veneer.
Exposed piers supporting front porches shall be faced
with brick or stone veneer. (BI&P)
17. The following shall be recorded as deed restrictions in
conjunction with the recordation of any subdivision
plat:
A. No lot shall be used except for residential
purposes. No business uses (profit or non-profit)
including home occupations shall be conducted on
the premises. Home occupations may be permitted if
approved by the Homeowners' Association. (P)
B.
No improvements including, wi thout limitation, a
dwelling, accessory structure, or addition such as
a carport, driveway, porch, sidewalk, roof, lamp
post, fence, garage, or other outbuildings,
landscaping, antenna, or similar device, or change
in the exterior color or siding material shall be
made, erected, altered, or replaced unless two sets
of detailed plans and specifications, including a
site plan locating all such improvements and
describing exterior finishes (material and color,
including roof) have first been submi t ted to and
approved by Declarant in writing.
-'
C. Declarant reserves unto itself the right and
privilege to install gas lines, water lines, sewer
lines, storm sewers, electric lines, telephone and
telegraph poles, lines and wires, and other
utilities and appurtenances in the street and roads
of the Subdivision and along the property lines of
the Lots, and to grant to other persons, companies,
or corporations any or all of such rights and
privileges, but the reservation of such rights
shall not relieve any grantee form the obligation
to pay the usua I and cus tomary charges made wi th
respect to his Lot for the installation and/or
connection of utilities.
D. In considering requests for approval of fences and
hedges, the following general guidelines will be
applied:
E. No fence shall be permitted in the front yard of
any Lot (between the building setback line and
street line).
06-405
04/26/06
,-
F. No fence or hedge shall generally be permitted
higher than 48 inches of any Lot.
G. No chain link fences or fences of other materials
similar in nature or appearance will be permitted
on any Lot.
H.
Declarant may in its absolute discretion waive or
modify these guidelines and consider such other
criteria as it shall deem appropriate.
I. No sign of any kind shall be displayed to public
view on any Lot, unless first approved in writing
by Declarant, except on sign of not more than four
(4) square feet advertising the property for sale
or rent, or signs used by a the initial
construction and sales period.
J. No use shall be made of any Lot, or any part
thereof which constitutes a nuisance or which would
adversely affect the value or marketability of
other Lots, No stables, swine, sheep, cows, or the
like shall be permitted on any Lot. All trash,
garbage and/or rubbish shall be kept in sanitary
containers located so as not to be visible from a
public street except as necessary for limited times
in connection with pickup and removal by disposal
services and except during periods of construction.
K.
No driveway, entranceway, or sidewalk shall be
constructed on any Lot unless approved as provided
in paragraph B.
L.
No swimming
street line
dwelling.
to any
of the
pool
than
shall be
the rear
loca ted nearer
building line
M. No structure of a temporary character or any
trailer, tent, barn, or other outbuildings shall be
used on any Lot at any time as a residence, either
temporarily or permanently.
N.
No trees over six (6)
removed from any Lot
approval of Declarant.
inches in diameter shall be
without the prior written
O. No portable air conditions units will be place in
any window of a dwelling or other building if
visible from a public street.
P.
Family daycare homes (providing care to more than
five (5) children) and group care facilities shall
not be permitted. (P)
Q. Except as otherwise provided by applicable law, no
exterior television antenna (including "dish" type)
or other antennas shall be permitted to extend over
five (5) feet above the roofline of any building.
R.
No motor
any Lot
license,
license,
vehicle will be parked on or adjacent to
which does not have a current state
state inspection sticker, and county
and no commercial vehicle, such as a
06-406
04/26/06
school bus, delivery truck, or other large vehicle
or equipment will be parked on a street in the
subdivision or on any Lot. No recreational vehicle
(mobile home, camping trailer, and other similar
vehicles) shall be parked on a street in the
subdivision or on a Lot except in a driveway shown
on plans that have been approved as provided in
Paragraph B.
S.
Anyone or more of the covenants or restrictions
imposed by paragraphs A through R above may be
waived or modified, in whole or in part, as to the
entire Subdivision or and part thereof, by written
insl:rument signed by Declarant and recorded where
these restrictions are recorded.
T. In addi tion to the foregoing conditions and
restrictions, the Lot.s shall be subj ect to
easements for drainage and utilities, including
power and telephone lines, as shown on the plat,
and any other easements of record at the time of
conveyance of any Lot.
U. Invalidation of anyone of the provisions of these
res tric1:ions by judgement, court order, or
otherwise shall in no way affect any of the other
provisions which shall remain in full force and
effect.
V. Declarant reserves the right to assign and transfer
to any person, persons, or entity some or all of
its rights provided herein and in such event such
transferee shall have and may exercise all such
rights to the same extent as if he, they, or it
were the Declarant.
W. Declarant shall have the full right and privilege
to enforce all restrictions and conditions
contained herein by appropriate proceeding at law
for damages and/or in equity for appropriate
injunctive relief and restraining orders to prevent
violations, or to require violations to be
corrected, together with damages sustained
including, without limitation, attorneys' fees and
costs. In addition, any Owner shall have, after
seventy-five percent (75%) or more of the Lots have
been conveyed to purchasers other than builders,
the right to enforce compliance with these
restrictions as provided in this paragraph.
x. These restrictions shall run with the land and be
binding upon any and all succeeding owners, their
personal representatives, estates, heirs, devisees,
assigns, or successors in interest or any other
partied having or taking an interest in or to the
Property, or any part thereof, and shall
automatically be extended for successive periods of
ten (10) years unless otherwise provided in a
written instrument executed by the owners of a
maj ori ty of the Lots in the Subdivision unless a
release , waiver, or breach of anyone or more of
the restrictions contained herein or any part
thereof is required or agreed to by a court or
06-407
04/26/06
governmental authority having jurisdiction over the
Property.
Y.
Declarant, as owner of all of the Property
subjected to the Declaration, shall, at such time
as it deems appropriate, cause to be incorporated
under the laws of the Commonwealth of Virginia a
non profit corporation to be named "Blank
Homeowner's Association" or a similar name (the
"Association") .
,-
Z. All Owners shall be members ( "Members" ) of the
Association and shall be entitled to one (1) vote,
per each Lot owned by them (provided, however, that
if a Lot is owned by more than one owner, the
owners of such Lot shall be entitled to only one
vote between them), on all matters which are
required to be decided by a vote of the Members of
the Association.
AA. The Members shall annually elect a five (5) member
board of directors (the "Board of Directors") which
shall be responsible for operating the Association,
provided, however, that until such time as eighty-
five percent (85%) of the Lots are owned by persons
other than builders of the Declarant, the Board of
Directors shall consist of five (5) directors all
of whom shall be selected by the Declarant.
BB. Each year the Board of Directors shall prepare an
annual budget (the "Budget") containing an
itemization of the expenses, which it anticipates,
the Association will incur during the upcoming year
to fulfill its responsibilities hereunder. The
Budget shall be sent to each owner together with a
notice of assessment (the "Annual Assessment") for
the owner I s pro rata share of the budget, which
shall be computed by dividing the total Budget by
the number of Lots. Upon receipt of the Annual
Assessment, each Owner shall be required to make
payment of the same in the manner designated by the
Board of Directors.
-
CC. In addition to any Annual Assessments, the
Association may levy in any assessment year a
special assessment (the "Special Assessment" )
applicable to that year only for the purpose of
defraying in whole or in part the cost of any
reconstruction, unexpected repair, or replacement
of a capital improvement, including the necessary
fixtures and personal property related thereto,
provided that any such Special Assessment shall
have the consent of the Owners of two-thirds (2/3)
of the lots.
DD. Any Annual Assessment of Special Assessment (the
"Assessments") which is not paid by an Owner within
such time as shall be determined by the Board of
Directors shall bear interest at a rate per annum
determined by the Board of Directors from such date
until paid and shall constitute a lien upon the Lot
owned by such Member. Such lien shall have priority
over all other liens including, without limitation,
06-408
04/26/06
mortgages, deeds of trust, or any other lien
hereafter placed upon any Lot, except a first
mortgage of deed of trust securing a loan by a bona
fide institutional lender to which such lien shall
be subordinate. No Owner may waive or escape
liability for the assessments hereunder for any
reason. No sale or other transfer shall relieve any
owner from liability for any Assessments due nor
any Lot from the lien of any Assessments. The
amount of any such lien may be enforced by suit or
otherwise at the election of the Association and
the Owner shall be required to reimburse the
Association for all attorneys I fees and expenses
incurred in so doing, the amount of which shall
also constitute a lien on the Lot as herein
provided. Notwi ths tanding the above, a party who
acqu.ires title to a Lot by virtue of the
foreclosure of lien secured by a first mortgage of
deed of trust to which this lien is subordinate or
by a deed or assignment in lieu of foreclosure any
liability of lien chargeable to such Lot on account
of any period of time prior to such acquisition of
title. Said acquiring party shall, however, be
bound by the provisions of this Declaration
including, without limitation, Assessments
effective after said acquisition of title.
EE. The Declarant hereby reserves the right, at
Declarant's sole discretion, to add the Additional
Land to the property subject to the Declaration of
Protective Covenants. (PI
18. Open Space. There shall be a minimum of three (3) acres
of recorded open space. (P)
19. A fifteen (15) foot tree preservation strip, exclusive
of required yards, shall be maintained along the
boundary of the subject property adjacent to Tax ID's
726-666-3362 and 9163, and 727-667-0200. Utility
easements shall be permitted to cross this strip in a
perpendicular fashion. Any healthy trees that are eight
(8) inches in caliper or greater shall be retained
within this tree preservation strip except where removal
is necessary to accommodate the improvements permitted
by the preceding sentence. Any open areas of 100 square
feet or greater shall either be supplemented with
plantings in accordance wi th perimeter landscape "G"
requirements of the Ordinance or shall be furnished with
a minimum six (6) foot high privacy fence. A plan
depicting this planting/fencing requirement shall be
reviewed and approved by the Planning Department at time
of Tentative Subdivision plan review. (PI
20. An entrance feature shall be designed and installed in
such a manner as to discourage recreational vehicular
access from the development to the existing utility
easement. that runs parallel to Spring Run Road. The
proposed feature shall be reviewed and approved at the
time of tentative subdivision plan review and shall be
installed prior to subdivision plat recordation. (P)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06-409
04/26/06
06SN0166
In Matoaca Magisterial District, ROBERT SOWERS requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12) with Conditional Use
Planned Development to permit exceptions to Ordinance
requirements. Residential use of up to 3.63 units per acre
is permitted in a Residential (R-12) District. The
Comprehensive Plan suggests the property is appropriate for
single family residential use of 2.0 units per acre or less.
This request lies on 51.8 acres fronting approximately 1,050
feet on the south line of DuVal Road approximately 2,870 feet
west of Otterdale Road. Tax ID 703-675-1477 (Sheet 14).
Ms. Rogers presented a summary of Case 06SN0166 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions. She noted the
request complies with the Upper Swift Creek Plan.
Mr. Jim Theobold, representing the applicant, stated the
recommendation is acceptable.
Mr. King called for public comment.
No one came forward to speak to the request.
Mrs. Humphrey called forward
"Cliff" Sowers, and thanked him
condi tions, which will address
for stormwater runoff drainage.
the applicant, Mr. Robert
for providing the proffered
some road needs and provide
Mrs. Humphrey then made a motion, seconded by Mr. Barber, for
the Board to approve Case 06SN0166 and accept the following
proffered conditions:
The property owner and applicant in this rezoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County,
for themselves and their successors or assigns, proffer that
the property under consideration will be developed according
to the following proffers if, and only if, the rezoning
request submitted herewith is granted with only those
conditions agreed to by the owner and applicant. In the
event this request is denied or approved with conditions not
agreed to by the owners and applicant, the proffers shall
immediately be null and void and of no further force or
effect.
1. Master Plan. The Textual Statement dated February 2,
2006 shall be the Master Plan. (P)
2 . Timbering. Except for the timbering approved by the
Virginia State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance
permit has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. (EE)
3 .
Stormwater. Sediment basins
and/or new BMPs constructed
phosphorous standard until the
to which this site drains has
shall remain in place
to achieve the .22
downstream regional BMP
been constructed. These
06-410
04/26/06
basins/BMPs shall be designed as permanent facilities
unless at the time of tentative subdivision approval a
downstream BMP to which the site drains and which
achieves the .22 phosphorous standards has been
constructed, or has been committed for construction, as
determined by Environmental Engineering. (EE)
4. Utilities. The public water and wastewater systems
shall be utilized. (U)
5. Cash Proffer. In addition to the Transportation
Contribution described in Proffered Condition 8, the
applicant, subdivider, or assignee(s) shall pay the
following to the County of Chesterfield prior to the
issuance of each building permit for infrastructure
improvements within the service district for the
property:
a. If payment is made prior to July 1, 2006, $6,685.00
per dwelling unit. At time of payment $6,685.00
will be allocated pro-rata among the facility costs
as follows: $602.00 for parks and recreation,
$348.00 for library facilities, $5,331.00 for
schools, and $404.00 for fire stations; or
b. If payment is made after June 30, 2006, the amount
approved by the Board of Supervisors not to exceed
$6,685.00 per dwelling unit pro-rated as set forth
in Proffered Condition 5. a. above adjusted upward
by any increase in the Marshall and Swift Building
Cost Index between July 1, 2005 and July 1 of the
fiscal year in which the payment is made.
-
c. Provided, however, that if any building permits
issued on the property are for senior housing, as
defined in the proffer on age-restriction, the
applicant, sub-divider, or assignee(s) shall pay,
in addition to the Transportation Contribution
described in Proffered Condition 8, $1, 354.00 per
dwelling unit if paid prior to July 1, 2006, or the
amount approved by the Board of Supervisors, not to
exceed $1,354.00 per dwelling unit as adjusted
upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 2005 and July 1
of the fiscal year in which the payment is made if
paid after June 30, 2006. At the time of payment,
the $1,354.00 will be allocated pro-rata among the
facility costs as follows: $602.00 for parks and
recreation, $348.00 for library facilities, and
$404 for fire stations. Payments in excess of
$1,354.00 shall be prorated as set forth above.
d.
Cash proffer payments
purposes proffered or
law.
shall be spent for
as otherwise permitted
the
by
e. Should Chesterfield County impose impact fees at
any time during the life of the development that
are applicable to the property, the amount paid in
cash proffers shall be in lieu of or credited
toward, but not in addition to, any impact fees, in
a manner as determined by the county. (B&:r-n
06-411
04/26/06
-
.-
9 .
6.
Age Restriction. Any lots for age-restricted dwelling
units shall be grouped together on a particular portion
of the Property and shall not be scattered among other
residential units. At the time of recordation of a
subdivision plat or the approval of any site plan, the
lots shall be noted as age-restricted. Any site plan
for age-restricted dwelling units shall also note the
restriction. Except as otherwise prohibited by the
Virginia Fair Housing Law, the Federal Fair Housing Act,
and such other applicable federal, state or local legal
requirements, dwelling units designated as age-
restricted shall be restricted to "housing for older
persons; as defined in the Virginia Fair Housing Law and
no persons under 19 years of age shall reside therein.
(B&M)
7.
Density. The total number of residential dwelling units
on the Property shall not exceed 2.0 residential units
per acre. (P)
8.
Transportation Contribution. The Applicant shall pay to
the County prior to recordation of each subdivision
section or prior to site plan approval for any
residential development, the amount of $8,915.00
multiplied by the total number of lots on each of the
approved final check plats or by the total number of
residential units on each site plan. If these amounts
are paid after June 30, 2006, the amount paid shall be
adjusted upward by any Board of Supervisors' approved
increase in the Marshall and Swift Building Cost Index
between July 1, 2005 and July 1 of the fiscal year in
which the payment is made. The payment shall be used
for road improvements in accordance with the Board's
Cash Proffer Policy.
If, upon the mutual agreement of the Transportation
Department and the Applicant, the Applicant provides
road improvements (the "Improvements"), other than those
road improvements identified in Proffered Condition 10,
then the Transportation Contribution in this Proffered
Condi tion shall be reduced by an amount not to exceed
the cost to construct the Improvements as determined by
the Transportation Department. Thereafter, the Applicant
shall pay the balance of the Transportation Contribution
as set forth in this Proffered Condition. For the
purposes of this Proffered Condition, the costs, as
approved by the Transportation Department, shall
include, but not be limited to, the cost of right-of-way
acquisition, engineering costs, costs of relocating
utili ties and actual costs of construction (including
labor, materials, and overhead) ("Work"). Before any
Work is performed, the Applicant shall receive prior
written approval by the Transportation Department for
any credit. (T)
Right-of-Way Dedication. Prior to any site plan
approval, in conjunction with recordation of the initial
subdivision plat, or within sixty (60) days from a
written request by the Transportation Department,
whichever occurs first, forty-five (45) feet of right-
of-way along the southern side of Duval Road, measured
from the centerline of that part of Duval Road
immediately adjacent to the Property, shall be
06-412
04/26/06
dedicated, free and unrestricted, to and for the benefit
of the County. (T)
10. Road Improvements. To provide an adequate roadway
system, the developer shal1 be responsible for the
followin9 improvements with initial development of the
Property:
a. Construction of additional pavement along Duval
Road at each approved access to provide left and
right turn lanes, if warranted, based on
Transportation Department standards.
b. Widening/improving the south side of Duval Road to
an eleven (11) foot wide travel lane, measured
from the centerline of the road, with an additional
one (1) foot wide paved shoulder plus a seven (7)
foot wide unpaved shoulder and overlaying the full
width of the road with one and one half (1.5)
inches of compacted bituminous asphalt concrete,
with modifications approved by the Transportation
Department, for the entire Property frontage.
c.
Dedication to the County, free and unrestricted, of
any additional right-of-way (or easements) required
for the improvements identified above. In the event
the developer is unable to acquire the "off-site"
right-of-way that is necessary for the road
improvements described in Proffered Condition
10.a., the developer may request, in writing, that
the County acquire such right-of-way as a public
road improvement. All costs associated with the
acquisition of the right-of--way shall be borne by
the developer. In the event the County chooses not
to assist the developer in acquisition of the "off-
site" right-of-way, the developer shall be relieved
of the obligation to acquire the "off-site" right-
of-way and shall provide the road improvements
within available right-of-way as determined by the
Transportation Department. (T)
--
11. Access. Direct vehicular access from the Property to
Duval Road shall be limited to one (1) public road. The
exact location of this access shall be approved by the
Transportation Department. ('I')
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
06SN0178
In Matoaca Magisterial District, THE REED'S LANDING CORP.
requests rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-15). Residential use of
up to 2.90 units per acre is permitted in a Residential (R-
15) District. The Comprehensive plan suggests the property
is appropriate for residential use of 1.01 - 2.5 units per
acre. This request lies on 205.1 acres fronting approximately
2,870 feet on the north line of Hickory Road at its
intersection with Halloway Avenue. Tax IDs 781-618-6468;
782-619-6148; 784-619-4378; and 784-620-1961 (Sheets 41 and
45) .
06-413
04/26/06
Ms. Rogers presented a summary of Case 06SN0178 and stated
staff, in negotiating the case, agreed to recommend that the
Plan be adjusted to provide a single north-south roadway
through the subject property located generally along the
eastern property line, indicating that it is staff's policy
to request construction of the thoroughfare roads through
property requested for rezoning. She further stated, at the
time the Planning Commission heard the request, the applicant
had agreed to dedicate the right of way for the entire length
across the property to accommodate the road, but had agreed
to only construct 1,700 feet of the road northward into the
site from Hickory Road. She stated the applicant submitted
amended proffered conditions today, that require construction
of 650 feet of the road northward from Hickory Road until
such time that only 49 lots remain to be recorded and the
posting of a letter of credit for the amount of the cost of
construction of the remaining portion of the road beyond
1,700 feet to the Resource Protection Area (RPA) located
along the northern property line. She noted there is no
commitment for construction of the road from the edge of the
RPA to the northern property line, and that distance ranges
from approximately 100-300 feet. She stated the applicant
also submitted a new proffered condition requiring
recordation of restrictive covenants consistent with those of
Stoney Glen South. She further stated staff continues to
recommend denial of the request because the proposal fails to
conform to the recommended Thoroughfare Plan since the road
would not be constructed from the southern edge of the RPA to
the property line. She stated the Planning Commission
recommended denial, expressing concerns relative to
noncompliance with the Thoroughfare Plan, the lack of
guarantees relative to sidewalks, landscaping, open space,
the impact on capital facilities, and the timing of the
development compared to the availability of infrastructure to
support the development.
,.........
Mr. Oliver Rudy, representing the applicant, stated the
applicant has complied with everything staff has required
except for constructing a 100-300 foot stretch of road across
wetlands. He further stated the applicant has agreed to
provide transportation improvements upfront; nearly two miles
of sewer line extending to the subject property; water line
improvements; and full cash proffers. He further stated
staff has indicated that there are no drainage issues on the
property, and the proposed density is well within what is
required for the Southern and Western Area Plan. He stated
the applicant has agreed to build the thoroughfare road up to
a distance of 670 feet, and at a certain time, to provide a
letter of credit to provide for completion of the road down
to the edge of the RPA, so the only section of road remaining
is the portion that crosses the RPA. He suggested that the
county consider absorbing the cost of the small section of
road as a small investment in exchange for the improvements
that will be received immediately from the developer.
Discussion ensued relative to the transportation and
utilities improvements proposed by the developer.
Mr. Ken Timmons, representing Reeds Landing Corporation,
stated he sincerely believes this is a good project for the
county. He further stated 8,800 feet of offsite sewer lines
will be constructed, in addition to 8,000 feet of onsite
06-414
04/26/06
sewer lines. He stated the developer will be paying $9,000
per lot in transportation cash proffers, and he thinks the
county should be able to build a bridge across the wetlands
using these cash proffers.
Mr. King callE~d for public comment.
Mr. Jerry Jernigan, a resident of the Matoaca District,
expressed concerns relative to additional traffic being added
to the narrow, curvy roads of Matoaca. He stated, in his
opinion, the developer should be required to build the
thoroughfare road across the entirety of the property now to
eliminate additional traffic at the dangerous intersection of
Hickory and Matoaca Roads.
-'
In response 1:0 Mr. Miller's question, Mr. Jernigan stated,
based upon the road system, the density should be 1.01 units
per acre.
Mr. Samuel Smith, a resident of the Matoaca District,
expressed concerns relative to the density of the proposed
development. He stated the roads and schools will be
overburdened as a result of additional development. He
questioned the number of students that staff has indicated
would be generated by the proposed development.
Mr. C. L. Morrissette expressed concerns relative to
developers being required to pay for roads and other
amenities in the county, thus putting new citizens out of the
range of affordable housing. He stated, in his opinion, the
Board cannot legally accept offsite proffered conditions that
are not solely for a specified project, and then modify the
uses or density permitted by the zoning for the property. He
requested that the Board consider having an outside source
review the county's zoning ordinances to determine legality.
-'
In response to Mr. Warren's question, Mr. Micas stated the
county's application of the proffer system has been tested
and validated in both state and federal courts. He further
stated county ordinances are always under review for
legali ty, and he is not aware of a case where a court has
found that the county has inappropriately applied its
ordinances.
Mr. Barber st,ated residential zoning classifications apply to
setbacks, as well as lot square footage. He noted many times
a developer may want a certain total number of homes, which
might be reflective of R-25 zoning, but also wants the
flexibility of the smaller setbacks included in R-l5 zoning,
and will therefore proffer a limited number of lots
consistent with R-25 density, but request R-15 to allow a
smaller lot square footage and setbacks to accommodate
flexibility.
Ms. Andrea Pulley, a resident of the Matoaca District who
owns 16 acres bordering the proposed development, expressed
concerns relative to the magnitude of the proposed
development and requested that the integrity of the rural
setting of Matoaca be preserved. She inquired whether the
schools are prepared to handle the additional students that
will be generated. She stated she dug a well on her
property, hi t:ting water at four feet, and questioned staff's
determination that there are no drainage issues in the area.
06-415
04/26/06
Ms. Linda Kidd, an adjacent property owner, stated the
proposed development will do nothing to help her because she
already has a well and septic tank, but will result in her
assessment being increased, thereby increasing her taxes.
She expressed concerns relative to additional traffic that
will be generated on dangerous roads with extremely deep
ditches. She stated she opposes the proposed density and the
problems residents will face if the project is approved.
Mr. Andy Scherzer, a Midlothian District resident, stated the
road that was to be extended in the rezoning case of the new
Matoaca High School was not required to be built across the
RPA, which also provided a border on that si te, indicating
that a precedent was set in that previous case regarding
requirements of developers whose property borders significant
environmental features and wetlands. He further stated the
Board may need to revisit its policy and grant some
allowances in cases such as this. He stated Mr. Timmons has
provided quality development throughout the county, and the
improvements proposed with this development will benefit the
overall community.
Ms. Brenda Stewart, a resident of the Matoaca District,
stated the project is poorly designed and includes no
interior open space. She expressed concerns relative to
staff's determination relative to drainage, indicating that
when the same si te was considered for the new Ma toaca High
School, a consultant determined that the property was flat
and poorly drained, with only 50% of site considered usable.
She stated the wastewater treatment plant that services this
area reportedly has problems with overflow. She further
stated staff's analysis of the traffic impact of the proposed
development is based on 2004 figures, indicating that updated
data should be used to determine the impact. She expressed
concerns relative to deficient infrastructure in the area and
stated the formula used to determine the number of students
that will be generated by the proposed development is too
low. She requested that the Board deny the case as proposed.
,-
Ms. Marleen Durfee, Executive Director of the Responsible
Growth Alliance of Chesterfield, stated one road will not fix
the infrastructure problems in the area. She further stated,
in her opinion, this is a poorly designed development and
does not represent smart growth by providing open space
intermingled throughout the development. She expressed
concerns relative to the impact of the proposed development
on capital facili ties and fire and police services. She
stated there are many issues that have not been addressed in
this case. She requested that the Board either support the
Planning Commission and staff's recommendations for denial,
or at least defer the request until the issues raised at the
community meeting are addressed.
Mr. Scott Mills, a resident of the Matoaca District, stated
every project the Reeds Landing Corporation has developed in
the county has been top quality.
Mr. Oliver Rudy stated, although it might not be smart
growth, road improvements have always followed development,
rather than development following improvements to roads. He
further stated the developer should be entitled to some
consideration on the small portion of roadway across the RPA
06-416
04/26/06
by agreeing to construct a road to the RPA line and providing
many other public improvements. He stated, in his opinion,
Mr. Timmons will be a good neighbor to the residents of
Matoaca, and requested the Board's support of the proposed
development.
There being no one else to speak to the request, the public
hearing was closed.
In response to Mrs. Humphrey's question, Mr. Turner stated no
buffers are required for R-15 zoning.
Mrs. Humphrey stated, in order to assure the rural character
of Matoaca, the applicant has provided proffered conditions
to provide for diverse housing types that will be maintained
by restrictive covenants.
Mr. Rudy
restrictive
homeowners'
entrances to
st:ated the applicant
covenants, including
association to take
the development.
has
the
care
submitted complete
organization of a
of such things as
Mrs. Humphrey stated the only way to get improvements on
Hickory, Woodpecker and Matoaca Roads is through development.
She further stated the proposed development is consistent
with the Plan, and the applicant could have proposed a higher
density than is allowed under R-15 zoning.
Discussion ensued relative to significant public improvements
proposed by the applicant.
In response t;o Mrs. Humphrey's question, Mr. McElfish stated
the developer will be required to channel drainage from the
property to an adequate channel.
--/'
In response to Mrs. Humphrey's question, Mr. McCracken stated
the developer has agreed to provide turn lanes and shoulder
improvements along Hickory Road adjacent to the request
property, but staff did not request that the developer
provide improvements on the other side of the road.
Mrs. Humphrey' stated she is more comfortable with the amended
proffered condition because the developer will be completing
a significant piece of the arterial road.
Mr. McCracken stated, although the length of the RPA is
unknown, it is estimated at 100-300 feet. He further stated,
if the road is not constructed with this developmept, the
same issue will arise when the property to the north
develops. He stated, in cases like this, staff typically
asks for construction of the road as far as possible and the
funding to go to the center of the creek.
In response to Mr. Miller's questions, Mr. McCracken stated,
assuming no significant drainage structures would have to be
constructed, the cost to extend the road across the RPA would
be approximately $150,000. He further stated the cost to
provide a bridge across the wetlands would be significantly
more. He stated, even if the road were realigned, it would
still have to cross the RPA.
Mr. Miller stated, if the developer is relieved from building
this segment of the road, someone else would have to
06-417
04/26/06
construct it at some point. He expressed concerns relative
to the uncertainty of the cost to provide the additional
roadway through the RPA area.
-
In response to Mr. Barber's question, Mr. McCracken stated,
in his opinion, the community would be better served by the
proposed single new arterial road than the previously
recommended two arterial roads shown on the Thoroughfare
Plan.
Mr. Warren expressed concerns relative to densi ty of the
proposed development, inadequate roads, poor soils, low
estimated school population, and inadequate fire and police
service for this area. He stated the Planning Commission and
staff recommended denial, and he does not believe the case is
ready for approval, nor does it represent smart growth.
Mr. King stated he agrees with the citizens regarding the
dangerous roads in this area. He inquired why no green space
is proposed for this development.
Ms. Rogers stated the Southern and Western Area Plan does not
address preservation of open space in this particular area;
therefore, staff has no basis to request such amenities.
Mr. King stated he will probably abstain from voting on this
case.
Mr. Miller stated he is sensitive to the proffers that have
been made and the costs the developer is incurring. He
inquired whether it would be advantageous to see if
alternatives could be worked out for completion of the road.
Following brief discussion
transportation cash proffers,
recess.
relative
Mr . King
to the
requested
use of
a br i e f
Reconvening:
Mrs. Humphrey made a motion for the Board to defer Case
06SN0178 until June 28, 2006.
Mrs. Humphrey requested that an evaluation of the cost to
provide roadway through the RPA area on the subject property
be performed during the deferral period.
Mr. Barber seconded Mrs. Humphrey's motion.
Mr. Barber expressed concerns that the proffers fail to
provide the guarantees relative to quality, which had been
discussed with the neighbors. He stated Mr. Turner has
informed him that it is very labor intensive for the county
to enforce development standards regarding certain quality
design features. He requested that, during the deferral
period, Planning staff provide a suggestion for incorporating
into zoning cases, such as this one, proffers that guarantee
developer's promises to the communi ty and also provide any
necessary information to quantify the costs for enforcement
of such conditions.
06-418
04/26/06
Mr. King called for a vote on the mot,ion of Mrs. Humphrey,
seconded by Mr. Barber, for the Board to defer Case 06SN0178
until June 28.. 2006.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
16. PUBLIC HEARI:NGS
There were no public hearings sche&lled at this time.
17 . REMAI:NI:NG MANUFACTURED HOME PERMI:TS AND ZONI:NG REQUESTS
There were no remaining requested for manufactured home
permits or rezoning at this time.
18. FI:FTEEN-MI:NUTE CI:TI:ZEN COMMENT PERI:OD ON UNSCHEDULED
MATTERS
Mr. C. L. Morrissette expressed concerns relative to the
legality of cash proffers. He stated, in his opinion, only
the Planning Commission can make recommendations to the Board
because they have been appointed. He further stated it is
also his opinion that staff cannot legally make
recommendations to the Board. He requested that the Board
hire outside counsel to review the county's zoning
ordinances.
19 . ADJOURNMENT
On motion of Mr. King, seconded by Mr. Barber, the Board
adjourned at 10:31 p.m. until May 24, 2006 at 4:00 p.m.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
''\
, ,i\ \. ,,~) ,
J ) 1 tAC~ ;~ i 1\~ ~L-
R. M. "Dickie" King, _ Jr;.J ?J
Chairman
Lane B. Ramsey
County Administra
06-419
04/26/06