06-28-2006 Minutes
BOARD OF SUPERVISORS
MINUTES
June 28, 2006
,.........
Supervisors in Attendance:
Mr. R. M. "Dickie" King, Jr.,
Chairman
Mr. Kelly E. Miller, Vice Chrm.
Mrs. Renny Bush Humphrey
Mr. Arthur S. Warren
Supervisor Absent:
Mr. Edward B. Barber
Mr. Lane B. Ramsey,
County Administrator
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Staff in Attendance:
Colonel Carl R. Baker,
Police Department
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Mr. Allan Carmody,
Dir., Budget and Mgmt.
Ms. Jana Carter, Dir.
Youth Planning and
Development
Ms. Marilyn Cole, Asst.
County Administrator
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,
Deputy Co. Administrator,
Human Services
Mr. Robert Eanes, Asst.
to County Administrator
Ms. Lisa Elko, CMC,
Clerk
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Joe Horbal,
Commissioner of Revenue
Mr. Thomas E. Jacobson,
Dir., Revitalization
Mr. H. Edward James,
Dir., Purchasing
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Asst. Dir.,
General Services
Ms. Kathryn Kitchen, Int.
Superintendent of Schools
Mr. Louis Lassiter, Dir.,
Internal Audit
Mr. Mike Mabe, Dir.,
Libraries
Chief Paul Mauger,
Fire and EMS Dept.
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Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
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. Kirk Turner, Dir.,
Planning
Mr. Richard witt, Asst.
Building Official
Mr. Scott Zaremba, Asst.
Dir., Human Resource Mgmt.
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Mr. King called the regularly scheduled meeting to order at
3:17 p.m.
1. APPROVAL OF MINUTES FOR MAY 24, 2006
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved the minutes of May 24, 2006, as submitted.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
-...../
2 . COUNTY ADMINISTRATOR I S COMMENTS
2.A. DIVERSITY INTERNSHIP PROGRAM
Participants in the county's 18th annual Diversity Internship
Program introduced themselves to the Board.
2 . B. HABITAT FOR HUMANITY PRESENTATION
Ms. Kathy Garvin, Executive Director
Habitat for Humanity presented Mr.
appreciation of the county's support
Rayon Park.
of Richmond Metropolitan
King wi th a plaque in
of the Builders Blitz in
3. BOARD MEMBER REPORTS
Mr. Miller stated the county lost a true advocate for its
school system with the recent loss of Mrs. Elizabeth Davis,
Dale District School Board member. He requested that everyone
keep her family in their prayers.
Mr. Warren provided a copy of a recent VACo release, relative
to dramatically reduced state transportation funding, to Ms.
Elko for the Board's record. He stated he hopes the General
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06/28/06
Assembly goes back into session to address transportation
needs for the Commonwealth of Virginia.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, OR
CHANGES IN THE ORDER OF PRESENTATION
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Mr. Warren expressed concerns relative to items being added
to the Board's agenda at the last minute, indicating that
many citizens do not have an opportunity to review these
items.
On motion of Mr. Warren, seconded by Mr. Miller, the Board
replaced Item 6., Work Session to Review 2006 General
Assembly Legislation; added 8.D.4.g., Resolution Recognizing
Mr. Robert C. Falconer, Facility Maintenance Supervisor,
General Services Department, Upon His Retirement; replaced
Item 8.D.18., Approval of Purchase of Right of Way and Slope
Easement for Access to the Bermuda Area Schools from Hubert
Blake Rochelle; added Item 8.D.21., Approval of Purchase of
Land for the Bermuda Area Schools from Andrew G. Keck, Jr.
and Hannah M. Keck; added Item 8.D.22., Approval of Purchase
of Right of Way for Access to the Bermuda Area Schools from
Beverly Blair McDowell and Marleene Foster McDowell; moved
Item 14. A., Resolution Recognizing Mr. Denny Hamlin for His
Excellent Representation of Chesterfield County, to Consent
Item 8.D.4.h.; replaced Item 16.0., Public Hearing to
Consider the Exercise of Eminent Domain for the Acquisi tion
of Land, Rights of Way and Easements for the Bermuda Area
Schools Project; and adopted the Agenda, as amended.
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Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
5. RESOLUTIONS
5.A. RECOGNIZING COMCAST METRO RICHMOND FOR THEIR DONATIONS
TOWARDS THE 2006 "CHESTERFIELD CELEBRATES" CAMPAIGN BY
CHESTERFIELD COUNTY PARKS AND RECREATION DEPARTMENT
Mr. Golden introduced Mr. Kenneth Dye who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Parks and Recreation
Department provides wholesome, family activities for the
enjoyment of county residents; and
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WHEREAS, the annual Fourth of July Celebration, Richmond
Symphony concerts at Pocahontas Park, and Parade of Lights
are among the free events that offer entertainment to
citizens of all ages; and
WHEREAS, Comcas t
generous donation to
Department towards
campaign; and
Metro Richmond graciously provided a
be used by the Parks and Recreation
the 2006 "Chesterfield Celebrates"
WHEREAS, this donation will aid in the enhancement of
the special events funded through this campaign; and
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06/28/06
WHEREAS, Comcast Metro Richmond has given back to the
community through sponsorship of county special events; and
WHEREAS, through the cooperative efforts of Mr. Kirby
Brooks, Area Vice President and General Manager, and Kenneth
M. Dye, Director Government Affairs and Community Affairs,
the spirit of community/ private partnerships has provided
the department with increased awareness to explore similar
opportunities for other programs; and
WHEREAS, Chesterfield County greatly appreciates this
donation and is looking forward to continuing a strong
relationship with Comcast Metro Richmond.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 28th day of June 2006,
publicly recognizes Comcast Metro Richmond for its generous
contribution toward the 2006 "Chesterfield Celebrates"
campaign.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Comcast Metro Richmond and that
this resolution be permanently recorded among the papers of
this Board of Supervisors of Chesterfield County, Virginia.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
Mr. Warren presented the executed resolution to Mr. Dye,
accompanied by Mr. Dave Caras, Community Recreation Manager
with the Parks and Recreation Department, and expressed
appreciation for Comcast Metro Richmond's generous donation,
as well as the services they provide to the county.
Mr. Dye expressed appreciation, on behalf of Comcast's
employees, for the recognition.
5 . B . RECOGNIZING MRS. VIROUS JOdi. AtJ.DitDl.. BRUCE MILLER FOR
CONTRIBUTIONS TO THE CHESTERFXmLn....COLONIAL HEIGHTS
BOARD OF SOCIAL SERVICES
Ms. Snead introduced Mrs. Virous Jones who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield-Colonial Heights Social
Services Board is a citizen Board established by the Code of
Virginia, responsible for oversight and policy guidance to
the department in its pursuit of excellence, in providing
services to individuals, families and the community; and
WHEREAS, Mrs. Virous Jones was appointed by the
Chesterfield County Board of Supervisors to serve on the
Chesterfield-Colonial Heights Board of Social Services in
July 1998 and has continued in this role until June 2006,
having served a total of eight years; and
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WHEREAS, Mrs. Jones served as Vice-Chairman
Chesterfield-Colonial Heights Department of Social
Board from July 2003 through June 2006; and
of the
Services
WHEREAS, during Mrs. Jones' tenure the department has
experienced unprecedented growth in caseloads and at the same
time continued to excel in service delivery and develop
state-of-the-art programs; and
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WHEREAS, Mrs. Jones continues to be a tireless and
strong advocate for the Department of Social Services and has
consistently demonstrated a commitment to all employees of
Chesterfield-Colonial Heights Department of Social Services;
and
WHEREAS, during the tenure of Mrs. Jones the department
has continued to strive for excellence, engaging in a process
of continually seeking to improve and maintain sound fiscal
practices; and
WHEREAS, Mrs. Jones has always expressed and
demonstrated a genuine interest in and commitment to the most
vulnerable citizens of our community, the children, the
elderly and disabled; and
WHEREAS, Mrs. Jones continues to care deeply about the
residents of Chesterfield County and the City of Colonial
Heights and, further, has served them with honor; and
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WHEREAS, Mrs. Jones has taken great pride in serving as
a member of the Social Services Board and throughout her
tenure has been a committed, dedicated and enthusiastic Board
member.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 28th day of June 2006,
publicly commends and recognizes Mrs. Virous Jones for her
dedicated and outstanding service to the Social Services
Board and all citizens of Chesterfield and Colonial Heights.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
Mrs. Humphrey presented the executed resolution to Mrs. Jones
and expressed appreciation for her dedicated service as a
member of the Social Services Board.
.~.
Mr. Miller commended Mrs. Jones on her sensitivity to the
needs of the county's vulnerable citizens and thanked her for
the assistance she provided to him as a new member of the
Social Services Board.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield-Colonial Heights Social
Services Board is a citizen Board established by the Code of
Virginia, responsible for oversight and policy guidance to
the department in its pursuit of excellence, in providing
services to individuals, families and the community; and
WHEREAS, Mr.
Chesterfield County
Bruce
Board
Miller was appointed by
of Supervisors to serve on
the
the
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06/28/06
Chesterfield-Colonial Heights Board of Social Services in
July 1998 and has continuE!d in this role until June 2006,
having served a total of eight years: and
WHEREAS, Mr. Miller delivered exceptional presentations
on behalf of the Social Services Board at the joint Board of
Supervisors/Social Services annual meetings; and
WHEREAS, during Mr. Miller's tenure the department has
experienced unprecedented growth in caseloads and at the same
time continued to excel in service delivery and develop
state-of-the-art programs; and
..-'
WHEREAS, Mr. Miller continues to be a tireless and
strong advocate for the Department of Social Services and has
consistently demonstrated a commi tment to all employees of
Chesterfield-Colonial Heights Department of Social Services;
and
WHEREAS, during the tenure of Mr. Miller the department
has continued to strive for excellence, engaging in a process
of continually seeking to improve and maintain sound fiscal
practices; and
WHEREAS, Mr. Miller has always expressed and
demonstrated a genuine interest in and commitment to the most
vulnerable citizens of our community, the children, the
elderly and disabled; and
WHEREAS, Mr. Miller continues to care deeply about the
residents of Chesterfield County and the City of Colonial
Heights and, further, has served them with honor; and
WHEREAS, Mr. Miller has taken great pride in serving as
a member of the Social Services Board and throughout his
tenure has been a committed, dedicated and enthusiastic Board
member.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 28th day of June 2006,
publicly commends and recognizes Mr. Bruce Miller for his
dedicated and outstanding service to the Social Services
Board and all citizens of Chesterfield and Colonial Heights.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
(It is noted Mr. Bruce Miller was not present at the meeting,
and the resolution will be presented to him at a later date.)
5. C. RECOGNIZING SENIOR CAPTAIN PERRY W.HORNBARGER,
CHESTERFIELD FIRE AND EMERGENCY ~DICAL SERVICES
DEPARTMENT, UPON HIS RETIREMENT
Deputy Chief Mike Hatton introduced Senior Captain Perry
Hornbarger who was present to receive the resolution.
On motion of the Board, the following resolution was adopted:
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06/28/06
WHEREAS, Senior
from the Fire and
Chesterfield County,
Captain Perry W. Hornbarger
Emergency Medical Services
on July 1, 2006; and
will retire
Department,
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WHEREAS, Senior Captain Hornbarger graduated from
Recruit School #3 and has faithfully served the county for
nearly 33 years in various assignments as a firefighter at
the Manchester and Bon Air Fire Stations; as a sergeant at
the Wagstaff Circle Fire Station; as a lieutenant at the Dale
Fire Station; and as a captain and senior captain in the
Training and Safety Division; and
WHEREAS, Senior Captain Hornbarger was selected as the
Outstanding Young Firefighter of the Year in 1979 and
Chesterfield County's Employee of the Year in 1991; and
WHEREAS, Senior Captain Hornbarger has actively
participated in Chesterfield County's TQI Program graduating
from TQI University in 2001 and the Supervisory Leadership
Institute, and also served on several TQI committees,
including the criteria selection for Chesterfield County's
Exemplary Employee of the Year; and
WHEREAS, Senior Captain Hornbarger was instrumental in
developing and implementing the Chesterfield Fire/Police SWAT
Medic Program and the Chesterfield Fire and Emergency Medical
Service Department's Critical Incident Peer Debriefing
Program; and
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WHEREAS, Senior Captain Hornbarger was selected to
participate in the deployment of county public safety
responders to Louisiana in the wake of Hurricane Katrina as a
member of the Mobile Command Center Team supporting the
Incident Management Team; and
WHEREAS, Senior Captain Hornbarger continues to serve
the fire service through the Virginia Fire Chiefs Association
by serving as President of the Industrial Brigade Section and
the Virginia Department of Fire Programs by serving as a
member of the Emergency Vehicle Operators Committee and as an
Adjunct Fire Instructor.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 28th day of June 2006,
publicly recognizes the contributions of Senior Captain Perry
W. Hornbarger, expresses the appreciation of all residents
for his service to the county, and extends appreciation for
his dedicated service and congratulations upon his
retirement.
.........
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Senior Captain Hornbarger, and
that this resolution be permanently recorded among the papers
of this Board of Supervisors of Chesterfield County,
Virginia.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
Mr. King presented the executed resolution and a Jefferson
Cup to Captain Hornbarger, accompanied by his wife, expressed
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appreciation for his dedicated service and wished him well in
his retirement.
Captain Hornbarger stated he is honored and blessed to have
worked for Chesterfield Fire and EMS for 33 years. He
thanked God, and expressed appreciation to former Fire Chief
Robert Eanes and others for their support during his career.
Chief Hatton presented Captain Hornbarger with a shadow box
containing his badges.
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6. WORK SESSION
o REVIEW 2006 GENERAL ASSEMBLY LEGISLATION
Mr. Micas summarized 2006 General Assembly legislative
changes requiring Board action, as well as optional
legislative changes permitting Board action, and provided
staff's recommendations for the legislative changes.
There was brief discussion relative to the legislative change
regarding maximum tax relief for the handicapped and elderly.
Mr. Micas stated House Bill 1073 will have a significant
effect on the Board's ability to make decisions in zoning
cases. He further stated, prior to this legislative change,
the Board could not accept revisions to proffered conditions
that did not occur before the beginning of the meeting. He
stated House Bill 1073 will allow the Board to accept amended
or customized proffered conditions during a meeting , giving
the Board greater flexibility to meet the needs of both the
community and the developers. He further stated no action is
required by the Board for this change.
. -----.
Discussion ensued relative to House Bill 132, which changes
the decision-maker in condemnation cases from appointed
commissioner to a traditional jury.
Mr. King made a motion, seconded by Mr. Warren, for the Board
to accept staff's recommendations.
Discussion ensued relative to staff's recommendation for
Senate Bill 373 regarding transfer of development rights.
Mrs. Humphrey requested that, in referring House Bill 93 and
Senate Bill 373 to the Planning Commission, the Board also
request that the Planning Commission begin its review process
in the next 30 to 60 days.
Mr. Miller inquired whether the Board should ask the Planning
Commission to review Senate Bill 373 if they are satisfied
with the county's current policy.
Mr. Warren suggested that the Board defer action relative to ~/
Senate Bill 373 and direct staff to provide the Board wi th
information relative to the current policy regarding transfer
of development rights and the pros and cons of amending the
zoning ordinance as permitted by Senate Bill 373.
Mrs. Humphrey stated she will support deferring the referral
of Senate Bill 373 to the Planning Commission, but cautioned
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06/28/06
the Board that, at some point, the General Assembly will
provide a formula for the transfer of development rights.
Mr. Ramsey stated Senate Bill 373 provides the county with
the authority to allow transfer of development rights. He
further stated, until now, the county has had the authority
to purchase development rights. He stated staff will prepare
a report relative to the issue, if that is the will of the
Board.
Mr. King amended his motion to accept staff's
recommendations, with the exception of referring to the
Planning Commission Senate Bill 373 relative to transfer of
development rights for which Mr. Ramsey will prepare a
report.
Mr. Miller seconded the amended motion.
Mr. King called for a vote on his motion, seconded by Mr.
Miller, for the Board to direct staff to prepare ordinance
revisions: 1) to amend the county's business license tax
ordinance to modify the calculation of gross receipts of gas
retailers when gas prices are raised substantially for
temporary periods as the result of disasters; 2) to amend the
land use tax ordinance to change roll-back tax consequence
for property splits, including "family splits"; and 3) to
require, at the time of sentencing on a DUI conviction, the
payment of police and EMS expenses incurred in responding to
any related accident or incident.
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And, further, the Board referred to the Planning Commission
the legislative changes relative to: 1) allowing repairs or
rebuilding of nonconforming structures damaged by an "act of
God" to be conducted without obtaining variances under
certain conditions; and 2) requiring, under certain
circumstances, property owners to conduct environmental
assessment and remediation action as a condition of
subdivision or site plan approval.
And, further, the Board referred to the Director of
Revitalization the legislative change relative to designation
of housing rehabilitation zones and establishing incentives
(at local expense) to rehabilitate housing stock located in
the zone; and referred to the Economic Development Department
the legislative change relative to establishing a "local
tourism zone" which allows localities to provide tax and
regulatory incentives at county expense.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
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7 . DEFERRED ITEMS
There were no deferred items at this time.
8 . NEW BUSINESS
8.A. STREETLIGHT INSTALLATION COST APPROVALS
Mr. King expressed concerns relative to the cost of the
streetlight in Wellington Farms, and stated he may approve
only one streetlight of this magnitude every couple of years.
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06/28/06
I!
On motion of Mr. King,
approved the following
Bermuda District:
seconded by Mr. Miller, the Board
streetlight installations in the
. In the Wellington Farms Subdivision, at the intersection
of Wellington Farms Drive and Burkwood Court
Cost to install streetlight: $9,233.96
. In the Thornhill Subdivision, in the vicinity of
13804 Farmstead place
Cost to install streetlight: $1,212.14
. Walthall Center Drive, vicinity of 2146
Cost to install streetlight: $1,732.08
. In the Cobbs Point Subdivision, on Cobbs Point Drive
in the vicinity of 14818
Cost to install streetlight: $2,210.71
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
8 . B . APPOINTMENTS
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
suspended its rules at this time to allow for simultaneous
nomination/ appointment/reappointment of members to serve on
the Board of Building Code Appeals, Economic Development
Authority, Board of the Richmond Metropolitan Authority,
Citizens Transportation Advisory Committee, Riverside
Regional Jail Authority, Social Services Board, Community
Criminal Justice Board and South Central Wastewater Authority
Board.
Ayes: King, Mi ller, Humphrey and lNarren.
Nays: None.
Absent: Barber.
8.B.l. BOARD OF BUILDING CODE APPEALS
On motion of Mr. King, seconded by Mr. Miller, the Board
simultaneously nominated/reappointed Mr. E. Frank Dunton and
Mr. Jack R. Wilson, III, representing the county at-large, to
serve as members of the Board of Building Code Appeals, whose
terms are effective July 1, 2006 aDd expire June 30, 2009.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
8.B.2. ECONOMIC DEVELOPMENT AUTHORITY
On motion of Mr. King, seconded by Mr. Miller,
simultaneously nominated/reappointed Mr. John
representing the Dale District, to serve on the
the Board
Ruckart,
Economic
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Development Authori ty for the County of Chesterfield, whose
term is effective July 1, 2006 and expires June 30, 2010.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
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8. B. 3 . BOARD OF THE RICHMOND METROPOLITAN AUTHORITY
On motion of Mr. King, seconded by Mr. Miller, the Board
simultaneously nominated/reappointed Mr. Richard White,
representing the county at-large, to serve on the Board of
the Richmond Metropolitan Authority, whose term is effective
July 1, 2006 and expires June 30, 2010.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
8.B.4. CITIZENS TRANSPORTATION ADVISORY COMMITTEE
On motion of Mr. King, seconded by Mr. Miller, the Board
simultaneously nominated/appointed/reappointed Mr. Herbert
Richwine, Ms. Alison Bartel and Mr. John Jacobs (alternate),
representing the county-at-large, to serve as members of the
Citizens Transportation Advisory Committee, whose terms are
effective July 1, 2006 and expire June 30, 2008.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
8.B.S. RIVERSIDE REGIONAL JAIL AUTHORITY
On motion of Mr. King, seconded by Mr. Miller, the Board
simultaneously nominated/reappointed Mr. James J. L.
Stegmaier and Ms. Mary Ann Curtin (alternate), to serve as
members of the Riverside Regional Jail Authority, whose terms
are effective July 1, 2006 and expire June 30, 2010.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
8.B.6. SOCIAL SERVICES BOARD
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On motion of Mr. King, seconded by Mr. Miller, the Board
simultaneously nominated/appointed Mrs. Susie Brown and Mr.
Dean Lynch, representing the county at-large, to serve as
members of the Chesterfield-Colonial Heights Social Services
Board, whose terms are effective July 1, 2006 and expire June
30, 2010.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
8. B. 7 . COMMUNITY CRIMINAL JUSTICE BOARD
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On motion of Mr. King, seconded by Mr. Miller, the Board
simultaneously nominated/reappointed the following members to
serve on the Communi ty Criminal .Justice Board, whose terms
are effective July 1, 2006 and expire June 30, 2008: The
Honorable Frederick G. Rockwell, III, '1'he Honorable Thomas L.
Murphey, The Honorable William W. Davenport, Mr. Brad
Peebles, Mr. Lee Coble, Colonel Carl Baker, Ms. Eileen Brown,
Mr. Todd Wilson and Ms. Laura Kuchinsky.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
8 . B. 8 . SOUTH CENTRAL WASTEWATER AUTHORITY BOARD
On motion of Mr. King, sl2conded by Mr. Miller f the Board
simultaneously nominated/appointed Mr. Roy E. Covington to
serve on the South Central Wastewater Authority Board, whose
term will be at the pleasure of the, Board.
Ayes: King, Mi ller, Humphrey and rNarren.
Nays: None.
Absent: Barber.
8.C. ADOPTION OF RESOLUTION ESTABLISHING A REGIONAL TOURISM
CORPORATION, APPOINTMENT OF TWO MEMBERS TO THE BOARD OF
DIRECTORS AND APPROPRIATION OF FUNDS
Ms. Dickson stated the Crater Planning District Commission
retained a consultant to conduct a study to determine how
best to promote tourism in the Tri-Cities area and to
evaluate which localities would make the most appropriate
marketing partners to create this tourism partnership. She
further stated the cities of Hopewell, Colonial Heights, and
Petersburg, and the counties of Dinwiddie, Prince George and
Chesterfield were recommended as partners for the initiative
because of close proximi ty, complementary attractions and
amenities, similar histories and transportation linkages.
She stated the six localities are being asked to adopt
resolutions, appropriate funds and appoint two members to the
Board of Directors of the corporation.
Mr. King stated he serves on the Crater District Planning
Commission, and he supports Chesterfield being a partner and
investing with localities to the south. He stated he is
pleased that Mr. Warren has agreed to serve on the Board of
Directors, and he believes Mr. Heinz is a wonderful nominee.
Mrs. Humphrey made a motion, seconded by Mr. King, for the
Board to suspend its rules at this time to allow simultaneous
nomination/ appointment of members to serve on the Regional
Tourism Corporation.
On motion of Mr. King, seconded by Mr. Miller, the Board
adopted the following resolution establishing a regional
tourism corporation for the purpose of developing and
implementing a regional tourism and marketing initiative:
WHEREAS, the member locali ties of
District Commission supported the
the Crater
undertaking
Planning
of a
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comprehensive travel and tourism research
planning study to develop recommendations
tourism marketing; and
and
for
strategic
regional
WHEREAS, Randall Travel Marketing, Inc. was hired by the
Crater Commission to conduct the study from January through
June, 2005; and
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WHEREAS, the study recommended as partners for a
regional tourism marketing initiative the cities of Colonial
Heights, Hopewell and Petersburg and the counties of
Chesterfield, Dinwiddie and Prince George; and
WHEREAS, the primary reasons these six jurisdictions are
a match for a marketing partnership include:
. Relatively close proximity to each other resulting
in good "touring scale" that is manageable by the
visitor. The region is logical geographically.
. Complimentary attractions and amenities. Some
jurisdictions within this group have more
attractions, while others have more amenities, but
together they achieve a good balance and create a
total destination.
. Similar and complementing histories and "sense of
place."
. Multiple matching historic patterns, particularly
with the Civil War. Working together these
jurisdictions can tell an awesome story of the
development of the United States from the pre-
Colonial period to present day.
.
Transportation linkages: rivers,
highways, etc. since Colonial
established this region as one of
inter-modal transportation hubs in
States.
railroads,
times have
the original
the Uni ted
Thus, marketing these localities together makes sense
geographically, they achieve a good balance of tourism
products, and their natural historic partnership and
transportation linkages make these jurisdictions a
natural marketing group; however, the "dots need to be
connected" in order to tell the overall story. This
regional tourism initiative can turn the entire region
into one well-interpreted story and destination; and
.........
WHEREAS, under the leadership of the Crater Commission,
working in concert with the city managers and county
administrators, a work program and draft By-Laws have been
developed to formulate a 17-seat Board of Directors that
would constitute a 501(c) (3) regional tourism corporation;
and
WHEREAS, the primary purpose of the regional tourism
corporation will be to develop and implement a regional
tourism marketing initiative that will result in increased
tourism visitation and spending. In addition, the regional
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tourism corporation will assist member
strategic product development planning.
localities
in
NOW, THEREFORE,
Chesterfield hereby
establishment of a
conjunction with the
jurisdictions; and
BE IT RESOLVED, that the County of
expresses its support for the
regional tourism corporation in
other participating member local
1. The County of Chesterfield further agrees to appoint
two persons to serve on the regional tourism corporation as
outlined in the draft By-Laws; and
2. That this resolution shall be in full force and
effect upon its passage.
And, further, the Board appointed Mr. Arthur Warren and Mr.
Art Heinz, to serve as members the Board of Directors of the
corporation, whose terms are effective July 1, 2006 and
expire June 30, 2009.
And, further, the Board appropriated $100,000 from one-time
funds received from the Convention Center proj ect to cover
the costs associated with promoting tourism.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
Mr. Warren expressed appreciation to Mr. Denny Morris for his
leadership on the Crater Planning District Commission. He
stated the Tri-Cities area has a tremendous future with the
proposed expansion of Fort Lee.
Mr. Miller excused himself from the meeting.
S.D. CONSENT ITEMS
On motion of Mr. King, seconded by Mr. 'l\7arren, the Board
removed Item 8. D. 22., Approval of Purchase of Right of Way
for Access to the Bermuda Area Schools from Beverly Blair
McDowell and Marleene Foster McDowell, from the Consent
Agenda for public comment.
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8.D.l. APPROVE THE RECEIPT AND APPROPRIATION OF GRANT FUNDS
8.D.l.a. FOR ADDITIONAL 2005 HOMELAND SECURITY GRANT FUNDS
FROM THE UNITED STATES DEPARTMENT OF HOMELAND
SECURITY (DHS), STATE HOMELAND SECURITY GRANT
PROGRAM (SHSGP)
On motion of Mr. Warren, seconded by Mr. King, the Board
approved the receipt and appropriation of $95,029 in
additional 2005 Homeland Security Grant funds from the united
States Department of Homeland Security, State Homeland
Security Grant Program. (It is noted there is no local match
06-5:12
06/28/06
requirement. )
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8.D.l.b. FOR THE FY2006 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT BY THE UNITED STATES DEPARTMENT OF
JUSTICE, BUREAU OF JUSTICE ASSISTANCE
On motion of Mr. Warren, seconded by Mr. King, the Board
authorized the Police Department to accept and appropriate a
grant award from the United States Department of Justice,
Bureau of Justice Assistance FY2006 Edward Byrne Memorial
Justice Assistance Grant, in the amount of $62,190, and
authorized the County Administrator to execute all documents.
(It is noted there is no local match requirement.)
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8.D.l.c. FOR THE WATER QUALITY IMPROVEMENT ACT (WQIA)
GRANT PROGRAM FROM THE VIRGINIA DEPARTMENT OF
CONSERVATION AND RECREATION (DCR)
^~
On motion of Mr. Warren, seconded by Mr. King, the Board
approved the receipt and appropriation of $169,000 in Water
Quality Improvement Act grant program funds from the Virginia
Department of Conservation and Recreation. (It is noted the
required local match will be provided by private developers
through construction of Low Impact Design (LID) projects.)
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8.D.2. APPROVAL OF FY2006 SCHOOL BOARD CAPITAL IMPROVEMENT
PROGRAM (CIP) YEAR-END REVISIONS
On motion of Mr. Warren, seconded by Mr. King, the Board
increased appropriations in the School Capital Improvement
Program by $213,000 for technology projects ($69,000 from the
School Grants Fund), and for debt service ($144,000 from
interest earnings), and transferred $400,000 from the School
Capi tal Improvements fund to the School Operating fund for
debt service.
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8.D.3. APPROVAL OF LEASE OF PROPERTY FOR THE OFFICE OF
SOCIAL SERVICES
On motion of Mr. Warren, seconded by Mr. King, the Board
approved a lease with CS Development Company, Incorporated
for 712 square feet of office space at 9854 Lori Road, Suite
202, for the Department of Social Services, and authorized
06-513
06/28/06
the County Administrator to execute the lease agreement.
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8.D.4. ADOPTION OF RESOLUTIONS
8.D.4.a. RECOGNIZING DEPUTY EDWARD R. JOHNSON, SHERIFF'S
OFFICE, UPON HIS RETIREMENT
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Mr. Edward R. Johnson began his service to the
citizens of Chesterfield County as a Deputy Sheriff in the
Correctional Services Bureau of the Sheriff's Office under
Sheriff Wingo in October 1986; and
WHEREAS, in January 1990 Deputy Johnson was transferred
to the Court Services Division and served that division with
distinction as a courtroom bailiff until June 29, 2006; and
WHEREAS, Deputy Johnson has been awarded Letters of
Commendation and Appreciation too numerous to mention; and
WHEREAS, in May 1989 Deputy Johnson was awarded a
Letter of Commendation for saving an inmate's life during an
attempted suicide; and
WHEREAS, Deputy Johnson will retire from the Sheriff's
Office on July 1, 2006; and
WHEREAS, Deputy Johnson's desire to do a good job has
been a primary factor that has permitted him to perform at a
very high level, always striving for excellence and going
beyond the call of duty while serving Chesterfield County for
nearly 20 years.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mr. Edward R. Johnson, expresses the
appreciation of all residents for his service to Chesterfield
County, and extends appreciation for his dedicated service
and congratulations upon his retirement, as well as best
wishes for a long and happy retirement.
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8. D. 4 . b. RECOGNIZING DEPUTY KENNETH W. ANDREWS, SHERIFF'S
OFFICE, UPON HIS RETIREMENT
On motion of Mr. Warren, seconded by Mr. King I the Board
adopted the following resolution:
WHEREAS, Mr. Kenneth vv. Andrews began his service to the
citizens of Chesterfield County as a Deputy Sheriff in the
Correctional Services BurE!au of the Sheriff's Office under
Sheriff Wingo in February 1984; and
06-5:14
06/28/06
WHEREAS, in January 1990 Deputy Andrews was transferred
to the Court Services Division and served that division with
distinction as a courtroom bailiff until June 29, 2006; and
WHEREAS, Deputy Andrews has been awarded Letters of
Commendation and Appreciation too numerous to mention as well
as being awarded annual leave and gift certificates for his
dedication and hard work.
WHEREAS, Deputy Andrews will retire from the Sheriff's
Office on July 1, 2006; and
WHEREAS, Deputy Andrews' desire to do a good job has
been a primary factor that has permitted him to perform at a
very high level, always striving for excellence and going
beyond the call of duty while serving Chesterfield County for
over 22 years.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mr. Kenneth W. Andrews, expresses the
appreciation of all residents for his service to Chesterfield
County, and extends appreciation for his dedicated service
and congratulations upon his retirement, as well as best
wishes for a long and happy retirement.
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8.D.4.c. RECOGNIZING MRS. LINDA KNIGHT, CHESTERFIELD 1
COLONIAL HEIGHTS DEPARTMENT OF SOCIAL SERVICES,
UPON HER RETIREMENT
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Mrs. Linda T. Knight began her tenure of public
service wi th Chesterfield County as a Financial Statistical
Technician in the Department of Social Services on January 9,
1989 and was promoted to a supervisory position in August
2000; and
WHEREAS, in 1998, Mrs. Knight played an integral role in
the strategic planning efforts of the department; serving a
two-year term as goal champion for the agency goal of
"promoting an outstanding workforce and work environment, II
and serving as an integral member for the agency goal of
"continuing to seek improvement in providing exceptional
communication between internal and external customers"; and
-
WHEREAS, Mrs. Knight
requirements for graduation
Leadership Institute in 2000
Institute in 2001; and
successfully completed the
from the county's Employee
and the Supervisory Leadership
WHEREAS, in her role as
Management Team, Mrs. Knight
accurate payment for services
various statistical reports,
dedicated employees; and
Supervisor of the Financial
coordinated the timely and
to our customers, prepared
and supervised a team of
06-515
06/28/06
WHEREAS, Mrs. Knight served several years as a Shelter
Manager for a team responsible for the management and
operation of emerl;}ency shelters in the event of a declared
emergency; and
WHEREAS, throughout her carE~er at the Department of
Social Services, l1rs. Knight has served the most vulnerable
citizens of Chesterfield County and the City of Colonial
Heights; and
WHEREAS, Mrs. Knight has been a dedicated and loyal
advocate for her staff and for the citizens of Chesterfield
County and the City of Colonial Heights.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mrs. Linda T. Knight, expresses the
appreciation of all residents for her service to the county
and congratulations upon her retirement, as well as best
wishes for a long and happy retirement.
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8.D.4.d. RECOGNIZING MRS. JANICE M. SHELTON, TREASURER'S
OFFICE, UPON HER RETIREMENT
On motion of Mr. Warren, seconded by Mr. King I the Board
adopted the following resolution:
WHEREAS, Mrs. Janice ~1. Shelton retired effective May 1,
2005 after providing over nineteen years of dedicated and
faithful service to Chesterfield County; and
WHEREAS, Mrs. Shelton began her tenure with the
Chesterfield County Treasurer's Office on October 15, 1985 as
a part-time clerical aide; and
WHEREAS, Mrs. Shelt.on was promoted to full-time
employment wi th the Treasurer's Office on February 1, 1986
and has been promoted to multiple posi tions throughout her
years in the office, most recently to the position of Senior
Customer Service Representative; and
WHEREAS, Mrs. Shelton has been instrumental during her
career in helping to implement one of the state's first
centralized debt collection programs for the county; and
WHEREAS, Mrs. Shel ton has received
commendations from other county departments for
rendered above and beyond the normal call of duty;
numerous
assistance
and
WHEREAS, Mrs. Shelton has fait.hfully and effectively
discharged her duties in each and every capacity with
proficiency, passion and uncompromising commi tment to world-
class customer service; and
WHEREAS, Mrs. Shelton will be tremendously missed for
the quality and caliber of her commitment and performance to
the Treasurer's Office and to our citizens.
06-516
06/28/06
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mrs. Janice M. Shelton
and extends its appreciation for her nineteen years of
dedicated service to the County, congratulations upon her
retirement, and best wishes for a long and happy retirement.
-
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8. D. 4 . e. RECOGNIZING MRS. DELLA J. HATHAWAY, CENTRAL
ACCOUNTING DEPARTMENT, UPON HER RETIREMENT
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Mrs. Della J.
Accounts Payable Specialist on
over 19 years of dedicated
Chesterfield County; and
Hathaway will retire as an
July 1, 2006 after providing
and faithful service to
WHEREAS, Mrs. Hathaway began her career as a part-time
Senior Clerical Aide with the Building Inspections Department
and accepted full-time employment with the Accounting
Department in 1986 as a Senior Account Clerk; and
WHEREAS, Mrs. Hathaway saw many changes in her 19 years
in Accounts Payable, including the growth of Chesterfield
County from expenditures paid by Accounts Payable checks of
approximately $207 million in 1986 to more than $382 million
currently; and
WHEREAS, Mrs. Hathaway participated in 1993 as a member
of Chesterfield's first Employee Involvement Group, which
implemented many successful process changes and shared the
experience with multiple groups as the county began adopting
the quality improvement philosophy; and
WHEREAS, Mrs. Hathaway graduated form the School of
Quality and Continuous Improvement in August 2002; and
WHEREAS, Mrs. Hathaway provided a high level of customer
service when working with county and school customers,
looking for better ways to serve them, often going out of her
way to meet a need and consistently exceeding customer
expectations throughout her career; and
WHEREAS, Mrs. Hathaway demonstrated teamwork by her
willingness to assist others and lend a helping hand; and
-
WHEREAS, Mrs. Hathaway has a vast wealth of knowledge
and her memory of past events is a valuable resource that
will be greatly missed; and
WHEREAS, Mrs. Hathaway has demonstrated her loyalty to
Chesterfield County through her dedication and
conscientiousness.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mrs. Della J. Hathaway
and extends its appreciation for over 19 years of dedicated
service to the county, congratulations upon her retirement,
06-517
06/28/06
and best wishes for a long and happy retirement.
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8.D.4.f. RECOGNIZING MR. WILLIAM H. ANDERSON, UTILITIES
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Mr. William H. Anderson
Chesterfield County Utilities Department
and
will retire
on July 14,
from
2006;
WHEREAS, after working as an Operations Analyst,
Maintenance Manager, Project Manager, Building and Grounds
Director, and Physical Plant Operations Director, for such
companies as Firestone Tire and Rubber Company, Mobil Oil
Corporation, the Commonwealth of virginia, and Virginia
Corrunonwea1th University for a period spanning 21 years, in
1989 Mr. Anderson brought his extensive knowledge and
leadership skills to Chesterfield County; and
WHEREAS, Mr. Anderson began his public service with
Chesterfield County on November 27, 1989, as the Senior
Utility Engineer and later as Principal Utilities Engineer
for the Chesterfield Utilities Department; and
WHEREAS, from 1989 to 2006, Mr. Anderson brought the
Chesterfield County Utilities Department into the new
millennium, as a leader in Global positioning Systems (GPS)
and Geographic Information Systems mapping by improving the
documentation of the department's infrastructure,
establishing the county's only GPS base station, and training
staff on GPS surveying and implementation; and
WHEREAS, Mr. Anderson increased inspection
morale by improving inspection processes and
through simple checklists, computer automated
contracts, and inspector automated reports; and
personnel
procedures
developer
WHEREAS, from 1989, Mr. Anderson managed the Utility
Construction/Inspection group responsible for water and
wastewater inspections on developer residential and
commercial projects valued at 65 million dollars per year and
oversaw proj ect management, construction, and inspection on
VDOT and county utility projects of varying amounts; and
WHEREAS,
specifications
of the Product
Mr. Anderson continuously improved utility
and procedures as both chairman and a member
Design and Review Committee; and
WHEREAS, Mr. Anderson improved inspector safety and
contractor effectiveness through outsourcing TV inspection of
wastewater projects as well as providing staff safety
meetings on a bi-weekly basis; and
WHEREAS, since 1989, Mr. Anderson, a registered
Professional Engineer has been a member of both the American
Water Works Association and American Public Works Association
06-518
06/28/06
and a graduate of the
and AWWA Advanced
Polytechnic Institute
AWWA Water Utility Management
Institute offered through
and State University; and
Institute
Virginia
WHEREAS,
developmen t ,
participation
members; and
Mr. Anderson advocated professional
education, continuing education and
wi th professional associations for all staff
WHEREAS, throughout his career with Chesterfield County,
Mr. Anderson displayed character, aptitude, a positive
attitude and a unique ability to plan for the future that has
made the Utilities Construction/Inspection Department,
effective, progressive, well-trained and respected.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. William H.
Anderson and extends on behalf of its members and citizens of
Chesterfield County, appreciation for his 17 years of
exceptional service to the county.
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8.D.4.g. RECOGNIZING ROBERT C. FALCONER, FACILITY
MAINTENANCE SUPERVISOR, GENERAL SERVICES
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Mr. Robert C. Falconer will retire after
providing twenty-nine years of dedicated and faithful service
to Chesterfield County; and
WHEREAS, Mr. Falconer began his service September 9,
1976 as a HVAC mechanic, in the Department of General
Services, Building and Grounds Division and served for
fourteen years; and
WHEREAS, Mr. Falconer was promoted to Facility
Maintenance Supervisor for the newly constructed Chesterfield
County Courts Building in 1990 and served there for fifteen
years; and
WHEREAS, Mr. Falconer faithfully provided responsive,
effective facilities services for judges, court clerks,
attorneys, and residents; and
-
WHEREAS. Mr. Falconer has received numerous letters of
appreciation and other commendations from his many customers;
and
WHEREAS, Mr. Falconer always performed his duties and
responsibilities in an excellent manner and placed the
welfare and safety of citizens and fellow county employees
above his own personal comfort and feelings and will be
missed by his fellow co-workers.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. Robert C. Falconer
06-519
06/28/06
and extends appreciation for his twenty-nine years of
dedicated service to the county, congratulations upon his
retirement, and best wishes for a long and happy retirement.
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8.D.4.h. RECOGNIZING MR. DENNY HAMLIN FOR HIS EXCELLENT
REPRESENTATION OF CHESTERFIELD COUNTY
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Mr. Denny Hamlin, a native of Chesterfield
County, is a well-known NASCAR raCE~ car driver; and
WHEREAS; Mr. Hamlin's racing career began at the age of
seven when he won his first Junior Sportsman race; and
WHEREAS, other early victories included
Southside Speedway and the Amelia Motor Raceway,
which he was Track Champion; and
races at
at both of
WHEREAS, in 1995, Mr. Hamlin competed in three classes-
Junior Champ, Junior Stock and Junior Restricted, earning two
state championships and other recogni tion, and in 1996, he
finished his Kart Racing career with 127 Feature Wins and 5
championships in Limited Participation in three classes; and
WHEREAS, Mr. Hamlin was NASCAR Mini Stock Rookie of the
Year at Southside and Langley Speedways in 1997, and in that
same year, was also the youngest driver to win a NASCAR Mini
Stock track championship at Langley Speedway; and
WHEREAS, in 1998, during his first season in the NASCAR
Grand Stock Division, Mr. Hamlin competed at three Virginia
tracks and compiled a record of three Top Five's and 17 Top
10's in 25 races; and
WHEREAS, in 1999, Mr. Hamlin won the award for Most
Popular Driver in Division, was Rookie of the Year at
Southside Speedway in 2000, and in 2001, led the most laps of
the Southern National Speedway Invitational Race; and
WHEREAS, in 2002, Mr. Hamlin accumulated 10 Wins, 15
Poles and 5 Top 10's; and
WHEREAS, in 2003, Mr. Hamlin won races at five different
tracks and had the sixth--highest NASCAR CPI rating in the
nation, and finished the season with 25 Wins, 30 Poles and 33
Top Five's; and
WHEREAS, in 2004, Mr. Hamlin broke the Qualifying Track
Record at Greenville Pickens, won races at four different
tracks, and finished eighth in his first NASCAR Busch Series
event at Darlington Raceway; and
WHEREAS, between 2002-2004, Mr. Hamlin won nearly 50
short-track races; and
06-520
06/28/06
WHEREAS, in 2005, Mr. Hamlin drove for Joe Gibbs Racing
in NASCAR Busch Series and Nexte1 Cup Series races, finishing
fifth in season points in the NASCAR Busch Grand National
Series; and
WHEREAS, in 2006 Mr. Hamlin became a full-time driver in
his rookie season in the Nextel Cup Series wi th Joe Gibbs
Racing and won his first Cup career victory at the June 11th
Pocono 500 race; and
WHEREAS, upon learning of the shooting death of
Chesterfield County Police Officer Gary J. Buro and the
wounding of fellow officer Joseph Diman on May 4, 2006, Mr.
Hamlin had images of the Chesterfield County Police
Department shoulder patches and names of both officers
displayed on his #11 Monte Carlo SS race car in honor of the
two heroes; and
WHEREAS, Chesterfield County, Virginia is proud of Mr.
Denny Hamlin, his racing skills, his gaining national
attention in Nextel Cup Racing with Joe Gibbs Racing, his
kindness and respect for two brave Chesterfield County Police
officers, and for the outstanding, positive way in which his
skills and sportsmanship reflect favorably on Chesterfield
County and the state of Virginia.
"....
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 28th day of June 2006,
hereby recognizes Mr. Denny Hamlin for his racing skills,
equally winning personality , civic-minded spirit and values
and thanks him, on behalf of the families of Officer Gary J.
Buro and Joseph Diman, for honoring those fine officers in
such a public manner; and on behalf of all Chesterfield
County residents, extends best wishes to Mr. Hamlin for many
more checkered flags in his future racing endeavors.
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8 . D. 5 . REQUEST FOR A PERMIT FOR WOODLAKE COMMUNITY
ASSOCIATION TO STAGE A FIREWORKS DISPLAY AT THE
WOODLAKE PAVILION/AMPHITHEATER ON SEPTEMBER 2, 2006
WITH A RAIN DATE OF SEPTEMBER 4, 2006
On motion of Mr. Warren, seconded by Mr. King, the Board
approved a permit for the Woodlake Community Association to
stage a fireworks display at the Woodlake pavilion/
Amphitheater on September 2, 2006, with a rain date of
September 4, 2006.
-
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8.D.6. STATE ROAD ACCEPTANCE
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
06-521
06/28/06
WHEREAS, the streets
recorded in the Clerk's
Chesterfield County; and
described below are shown on plats
Office of the Circuit Court of
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requireme:nts 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 Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fill::; and
this Board guarantees
as described, and any
drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to thl= Resident Engineer for the
Virginia Department of Transportation.
Tvoe Chanae to the Secondary System of State Hlahwavs:
M9!!!9l!
Basis for Change:
Addition, New subdivision street
Statutory Reference:
!33.1-229
Project:
South creek, Section 8
.
Walthall Creek Drive, State Route Number: 4067
From:
Pleasant Creek Dr., (Rt. 5566)
To:
Cul-de-sac, a distance of: 0.15 miles.
Right-of-way record was filed on 3/11/2005 with the Office Of Clerk To Circuit Court in Pb.152, Pg. 17,
with a width of 50 feet
. Grand Forest Court, State Route Number: 6020
From: Pleasant Creek Dr., (Rt. 5566)
To: Cul-de-sac, a distance of: 0.08 miles.
Right-of-way record was filed on 3/11/2005 with the Office Of Clerk To Circuit Court in Pb.152, Pg. 17,
with a width of 50 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
WHEREAS, the Resident Engineer for
Department of Transportation has a.dvised
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
06-522
06/28/06
described below to the secondary system of state
pursuant to Section 33.1-229, Code of Virginia,
Department's Subdivision Street Requirements.
highways,
and the
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.
Tvoe Chanae to the Secondarv Svstem of State Hlahwavs:
Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference:
i33.1-229
Project:
Stocklelgh at Longmeadow, Section 1
.
Abbeyclale Drive, State Route Number: 59n
From:
0.08 mi. E of Burley Ridge Ln., (Rt. 5978)
To:
Abbeydale Ct., (Rt. 5976), a distance of: 0.04 miles.
Right-of-way record was filed on 5/4/2005 with the Office Of Clerk To Circuit Court in Pb. 153, Pg. 75,
with a width of 50 feet
.
Abbeyclale Court, State Route Number: 5976
_.
From:
Abbeydale Dr., (Rt. 5977)
To:
Cul-de-sac, a distance of: 0.07 miles.
Right-of-way record was filed on 5/4/2005 with the Office Of Clerk To Circuit Court in Pb. 153, Pg. 75,
with a width of 50 feet
. Abbeyclale Drive, State Route Number: 59n
From: Abbeydale Ct., (Rt. 5976)
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 5/4/2005 with the Office Of Clerk To Circuit Court in Pb. 153, Pg. 75,
wth a width of 50 feet
And, further, the Board adopted the following resolution:
WHEREAS, the street
recorded in the Clerk's
Chesterfield County; and
described below is shown on plats
Office of the Circuit Court of
-
WHEREAS, the Resident Engineer for
Department of Transportation has advised
street meets 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 street
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.
06-523
06/28/06
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 Chanae to the Secondary System of State Hlahwavs:
~ddltlon
Basis for Change:
Addition, New subdivision street
Statutory Reference:
S33.1-229
Project:
Providence, Section 2
.
Providence Ridge Terrace, State Route Number: 7047
From:
Providence Ridge Rd., (Rt. 5880)
To:
Cul-de-sac, a distance of: 0.09 miles.
Right-of-way record was filed on 9/16/2004 with the Office Of Clerk To Circuit Court in Pb. 147 Pg. 63.
with a width of 40 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
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
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Regui~ements.
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.
Twe Chanae to the Secondarv Svstem of State Hlahwavs:
Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference:
S33.1-229
Project:
Dunnottar at the Highlands
.
Dunnottar Drive, .State Route Number: 7023
From:
Highland Glen Dr., (Rt. 7023)
To:
Dunnottar Ct., (At. 7022), a distance of: 0.07 mHes.
06-~i24
06/28/06
Right-of-way record was filed on 11/16/2004 with the Office Of Clerk To Circuit Court in Pb. 149. Pg. 34,
with a width of 50 feet
. Dunnottar Court, State Route Number: 7022
From: Dunnottar Dr., (Rt. 7023)
To: Cul-de-sac, a distance of: 0.19 miles.
-
Right-of-way record was filed on 11/16/2004 with the Office Of Clerk To Circuit Court in Pb. 149, Pg. 34,
with a width of 50 feet
. Dunnottar Drive, State Route Number: 7023
From: Dunnottar Ct., (Rt. 7022)
To: Dunnottar Tr., (Rt. 7024), a distance of: 0.46 miles.
Right-ot-way record was tiled on 11/16/2004 with the Office Of Clerk To Circuit Court in Pb. 149, Pg. 34,
with a width ot 50 teet
· Dunnottar Terrace, State Route Number: 7024
From: Dunnottar Dr., (Rt. 7023)
To: Cul-de-sac, a distance ot: 0.22 miles.
Right-ot-way record was filed on 11/16/2004 with the Office Of Clerk To Circuit Court in Pb. 149, Pg. 34,
with a width ot 50 teet
.
Dunnottar Terrace, State Route Number: 7024
~
From:
Dunnottar Dr., (Rt. 7023)
To:
Cul-de-sac, a distance ot: 0.04 miles.
Right-ot-way record was tiled on 11/16/2004 with the Office Of Clerk To Circuit Court in Pb. 149, Pg. 34,
with a width of 50 teet
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for
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 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.
06-525
06/28/06
Type Chanae to the Secondary System of State Hlahwavs:
l'ddltion
Basis for Change:
Addition, New subdivision street
Statutory Reference:
A33.1-229
ProJect:
Meadowbrook Farm, Section J
.
Backwater Drive, State Route Number: 5934
From:
0.02 mi. N of Ironhorse Rd., (Rt. 4568)
To:
Backwater Tr., (Rt. 5964), a distance of: 0.14 miles.
Right-of-way record was filed on 12/10/2003 with the Office Of Clerk To Circuit Court in Pb. 139, Pg. 62,
with a width of 40 feet
. Backwater Terrace, State Route Number: 5964
From: Backwater Dr., (Rt. 5934)
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 12/10/2003 with the Office Of Clerk To Circuit Court in Pb. 139, Pg. 62,
with a width of 40 feet
. Backwater Terrace, State Route Number: 5964
From: Backwater Dr., (Rt. 5934)
To: Cul-de-sac, a distance of: 0.09 miles.
Right-of-way record was filed on 1~Y10/2003 with the Office Of Clerk To Circuit Court in Pb. 139, Pg. 62,
with a width of 40 feet
And, further, the Board adopted the following resolution:
WHEREAS, thE! street
recorded in the Clerk's
Chesterfield County; and
described below is shown on plats
Office of the Circuit Court of
WHEREAS, the Resident Engineer" for
Department of Transportation has advised
street meets 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 street
described below to the secondary system of state highways,
pursuant to Section 33.1-229, fode of Virginia, and the
Department's Subdivision Street R~quirements.
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 DepartmEmt of Transportation.
06-!526
06/28/06
Twe Chanae to the Secondary System of State Hlahwavs:
Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference:
i33.1-229
Project:
Rivers Trace, Section E
.
Pypers Polnte Drive, State Route Number: 4756
From:
0.04 mi. S of St. Audries Dr., (Rt. 5899)
To:
Cul-de-sac, a distance of: 0.14 miles.
Right-of-way record was filed on 1/20/2005 with the Office Of Clerk To Circuit Court in Pb. 151 Pg. 9,
with a width of 50 feet
And, further, the Board adopted the following resolution:
WHEREAS, the street
recorded in the Clerk's
Chesterfield County; and
described below is shown on plats
Office of the Circuit Court of
WHEREAS, the Resident Engineer for
Department of Transportation has advised
street meets 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 street
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.
Twe Chanae to the Secondary SYStem of State Hlahwavs:
Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference:
i33.1-229
Project:
Rivers Trace, Section F
.
St. Audrles Drive, State Route Number: 5899
From:
0.03 mi. Wot Pypers Pointe Dr., (Rt. 4756)
To:
Cul-de-sac, a distance of: 0.17 miles.
Right-at-way record was filed on 1/20/2005 with the Office Of Clerk To Circuit Court in Pb. 151 Pg 11,
with a width at 50 teet
06-527
06/28/06
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, 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 Subdivision Street Req~lir~ments.
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.
TVDe Chanae to the Secondary System of State Hlahwavs:
,eddltlol!
Basis for Change:
Statutory Reference:
Addition, New subdivision street
i33.1-229
Project:
Kingham at the Grove, Section 6
.
Tippie Point Road, State Route Number: 5917
From:
0.02 mi. E of Rise Shaft Rd., (Rt. 5916)
To:
Kingham Dr., (Rt. 5518), a distance of: 0.14 miles.
Right-of-way record was filed on 11/B/2004 with the Office Of Clerk To Circuit Court in Pb. 149 Pg. 23,
with a width of 40 feet
. Kingham Drive, State Route Number: 5518
From: Tipple Point Rd., (Rt. 5917)
To: 0.01 mi. E of Tipple Point Rd., (Rt. 5917), a distance of: 0.01 miles.
Right-of-way record was filed on 11/9/2004 with the Office Of Clerk To Circuit Court in Pb. 149 Pg. 23.
with a width of 40 feet
. Tipple Point Road, State Route Number: 5917
From: Kingham Dr., (At. 5518)
To: Cul-de-sac, a distance of: 0.08 miles.
Right-of-way record was filed on 11/9/2004 with the Office Of Clerk To Circuit Court in Pb. 149 Pg. 23,
with a width of 40 feet
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are sholArrl on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
06-5:28
06/28/06
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
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.
TVDe Change to the Secondary SYStem of State Hlahwavs:
Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference:
fi33.1-229
Project:
Lenox Forest at Rlverdowns, Section 3
.
Rlverdowns North Drive, State Route Number: 5745
From:
Forest Creek Dr., (Rt. 5736)
To:
Riverdowns North Tr., (Rt. 5973), a distance at: 0.07 miles.
Right-at-way record was tiled on 12/3/2004 with the Office Of Clerk To Circuit Court in Pb. 149 Pg. 72,
with a width at 54 teet
. Riverdowns North Place, State Route Number: 5972
From: Riverdowns North Dr., (Rt. 5745)
To: Cul-de-sac, a distance at: 0.11 miles.
Right-at-way record was tiled on 12/3/2004 with the Office Of Clerk To Circuit Court in Pb. 149 Pg. 72,
with a width ot 40 teet
. Rlverdowns North Terrace, State Route Number: 5973
From: Riverdowns North Dr., (Rt. 5745)
To: Cul-de-sac, a distance at: 0.15 miles.
Right-at-way record was tiled on 12/3/2004 with the Office Of Clerk To Circuit Court in Pb. 149 Pg. 72,
-
with a width ot 40 teet
. Grace Wood Place, State Route Number: 5974
From: Riverdowns North Dr., (Rt. 5745)
To: Cul-de-sac, a distance at: 0.02 miles.
Right-at-way record was tiled on 12/3/2004 with the Office Of Clerk To Circuit Court in Pb. 149 Pg. 72,
with a width at 46 teet
06-529
06/28/06
. Grace Wood Court, State Route Number: 5975
From: Riverdowns North Dr., (Rt. 5745)
To: Cul-de-sac, a clistance of: 0.08 miles.
Right-of-way record was filed on 12/:1/2004 with the Office Of Clerk To Circuit Court in Pb. 149 Pg. 72,
with a width of 46 feet
. Riverdowns North Drive, State Route Number: 5745
From: Aiverdowns North Pl., (Rt. 5972)
To: Grace Wood PI., (Rt. 5974), a distance of: 0.11 miles.
Right-of-way record was filed on 12/:3/2004 with the Office Of Clerk To Circuit Court in Pb. 149 Pg. 72,
with a width of 46 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
WHEREAS, thl= Resident Engineer for
Department of Tra.nsportation has advised
streets meet the requirements established by
Street Requireme'nts 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 Virgini~, and the
Department's Subdivision Street Requirements.
._~
AND, BE IT FURTHER RESOLVED, that
a clear and unres~ricted 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.
Tvee Chanae to the Secondary System of State Hiahwavs:
~dditio!1
Basis for Change:
Addition, New subdivision street
Statutory Reference:
~33, 1-229
Project:
Queens Grant at Riverdowns
.
Queens Grant Drive, State Route Number: 5758
From:
0.01 mi. S of IRiverdowns South Dr. (Rt. 5749)
To:
Royal Crest Dr., (Rt. 5759), a distance of: 0.52 miles,
Right-of-way record was filed on 10/29/2001 with the Office Of Clerk To Circuit Court in Pb. 121 Pg.46,
with a width of 50 feet
. Royal Crest Drive, State Route Number: 5759
From: Queens Grant Dr., (At. 5758)
06-5:30
06/28/06
To:
Cul-de-sac, a distance of: 0.05 miles.
Right-of-way record was filed on 10/29/2001 with the Office Of Clerk To Circuit Court in Pb. 121 Pg.46,
with a width of 40 feet
. Royal Crest Drive, State Route Number: 5759
From: Queens Grant Dr., (Rt. 5758)
To: 0.03 Mi. W of Queens Grant Dr.. (Rt. 5758), a distance of: 0.03 miles.
Right-of-way record was filed on 10/29/2001 with the Office Of Clerk To Circuit Court in Pb. 121 Pg.46,
with a width of 40 feet
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8.D.7. SET PUBLIC HEARING DATE TO CONSIDER EXECUTION OF A
DEED OF LEASE BETWEEN THE COUNTY AND THE RICHMOND
AREA ASSOCIATION OF RETARDED CITIZENS FOR THE
OPERATION OF CAMP BAKER
On motion of Mr. Warren, seconded by Mr. King, the Board set
the date of July 26, 2006 at 7: 00 p.m. for the Board to
consider execution of a Deed of Lease between the county and
the Richmond Area Association of Retarded Ci tizens for the
operation of Camp Baker.
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber.
.-
8. D. 8 . AWARD OF CONSTRUCTION CONTRACT FOR THE EDGE HILL
SUBDIVISION SEWER LINE REPLACEMENT PROJECT
On motion of Mr. Warren, seconded by Mr. King, the Board
awarded a construction contract, in the amount of
$211,697.37, to Southern Construction Utilities, Incorporated
for the Edge Hill Sewer Line Replacement Project, transferred
and appropriated an additional $60, 000.00 from sewer fund
balance to this project, and authorized the County
Administrator to execute the necessary documents.
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
-
8.D.9. APPROVAL OF A CHANGE ORDER TO HALEY BUILDERS,
INCORPORATED FOR CONSTRUCTION OF A MASONRY WALL
AROUND THE LIQUID PROPANE GAS STORAGE TANKS AT THE
ENON PUBLIC SAFETY TRAINING CENTER - BURN TRAINING
FACILITY
On motion of Mr. Warren, seconded by Mr. King, the Board
authorized the County Administrator to execute a change
order, in the amount of $69,133.81, to Haley Builders,
Incorporated for construction of a masonry wall around the
liquid propane gas storage tanks at the Enon Public Safety
Training Center - Burn Training Facility.
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
06-531
06/28/06
8.D.l0. APPROVAL OF AGREEMENT BETWEEN CHESTERFIELD COUNTY
AND THE VIRGINIA DEPARTMENT OF TRANSPORTATION
("VDOT") REGARDING DEBRIS CLEAN-UP IN THE EVENT OF A
STATE OF EMERGENCY DECLARA.TION
On motion of Mr. Warren, seconded by Mr. King f the Board
authorized the County Administrator to execute an agreement
between thE! county and the Virginia Department of
Transportation regarding debris clE!an-up from roadways in the
event of a dec1arE~d state of emergency. (It is noted a copy
of the agreement is filed with the papers of this Board.)
Ayes: King, Humphrey and Warren.
Nays: None ..
Absent: Barber and Miller.
8 . D .11. APPROVAL OF REVISED SEWER CONTRACT FOR TOMAHAWK
CREEK TRUNK SEWER - PHASE II (THE SANCTUARY AT
WATERMILL) PROJECT
On motion of Mr. Warren, seconded by Mr. King, the Board
approved the following revised sewer contract for Tomahawk
Creek Trunk Sewer - Phase II (ThE: Sanctuary at Watermill),
Contract Nu~)er 03-0221:
Developer:
PMF, LLC
Contractor:
Lyttle Utilities, Ine
Contract Amount:
Estimated County Cost for Oversizing
Cash Refund . . . . . . .
Refund thru Connections
Estimated Developer Cost.
Estimated Total . . . . .
. $87,665.50
. $86,817.50
.$412,844.00
.$587,327.00
Code: Cash Refunds - Oversizing
Refunds thru Connections - Oversizing
5N-572WO-E4C
5N-572VO-E4C
District:
Clover Hill
(It is noted a copy of the vicinity sketch lS filed with the
papers of this Board.)
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8.D.12. ACCEPTANCE OF PARCELS OF I~
8.D.12.a. FOR MEADOWVILLE LANE FROM THE ECONOMIC DEVELOPMENT
AUTHORITY OF THE COUNTY OF CHESTERFIELD
On motion of Mr. Warren, seconded by Mr. King, the Board
accepted the conVE:yance of parcels of land containing a total
of 0.164 acres from the Economic Dl3velopment Authority of the
County of Chesterfield, formerly known as the Industrial
Development Authority of the County of Chesterfield, and
authorized the County Administrator to execute the deed. (It
06-5:32
06/28/06
is noted a copy of the plat is filed with the papers of this
Board. )
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8.D.12.b. FOR AN ELEMENTARY AND MIDDLE SCHOOL SITE FROM
THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF
TRANSPORTATION
On motion of Mr. Warren, seconded by Mr. King, the Board
accepted the conveyance of a parcel of land containing 93.2
acres, more or less, from the Commonwealth of Virginia,
Department of Transportation, 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, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8.D.12.d. ALONG THE NORTH RIGHT OF WAY LINE OF IRON BRIDGE
ROAD FROM MARY W. COLE
On motion of Mr. Warren, seconded by Mr. King, the Board
accepted the conveyance of a parcel of land containing 0.102
acres along the north right of way line of Iron Bridge Road
(State Route 10) from Mary W. Cole, 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, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8.D.12.e. FOR THE EXTENSION OF DEERHILL ROAD AND DEERHILL
COURT FROM CLOVERHILL INDUSTRIAL PARK,
INCORPORATED
On motion of Mr. Warren, seconded by Mr. King, the Board
accepted the conveyance of a parcel of land containing 3.672
from Cloverhill Industrial Park, Incorporated, and authorized
the County Administrator to execute the deed. (It is noted
copies of the plats are filed with the papers of this Board.)
,-
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8. D .12 . f . ALONG THE NORTH RIGHT OF WAY LINE OF RUFFIN MILL
ROAD FROM MARK A. AND FRANCINE Y. LANDA
On motion of Mr. Warren, seconded by Mr. King, the Board
accepted the conveyance of a parcel of land containing 0.11
acres along the north right of way line of Ruffin Mill Road
(State Route 746) from Mark A. and Francine Y. Landa, and
06-533
06/28/06
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, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8. D. 12 . g. ALONG THE NORTH RIGHT OF WAY LINE OF CARVER
HEIGHTS DRIVE FROM RIVER FOREST DEVELOPMENT
COMPANY, LLC
On motion of Mr. Warren, seconded by Mr. King, the Board
accepted the COnVE!yance of a parcel of land containing 0.04
acres along the north right of way line of Carver Heights
Drive (State Route 708) from River Forest Development
Company, LLC, and authorized the County Administrator to
execute the deed. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barbe:r and Miller.
8.D.12.h. ALONG THE NORTH RIGHT OF WAY LINE OF IRON BRIDGE
ROAD AND THE EAST RIGHT OF WAY LINE OF CHALKLEY
ROAD FROM TASCON-IRONBRI:DGE, L.L.C.
On motion of Mr. Warren, seconded by Mr. King, the Board
accepted the convE~yance of six parcels of land containing a
total of 0.235 acres along the north right of way line of
Iron Bridge Road (State Route 10) and the east right of way
line of Chalkley Road (State Route 632) from Tascon-
Ironbridge, L.L.C., and authorized the County Administrator
to execute the deed. (It is noted copies of the plats are
filed with the papers of this Board.)
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8.D.13. REQUESTS FOR PERMISSION
8 . D. 13 . a. FROM RONALD L. HANEY, M .D., TRUSTEE AND SOLE
DIRECTOR OF SOUTHSIDE ORTHOPEDIC ASSOCIATES, P.C.
TO INSTALL A PRIVATE WATER SERVICE WITHIN A
PRIVATE EASEMENT TO SERVE PROPERTY ON GENITO ROAD
On motion of Mr. Warren, seconded by Mr. King, the Board
approved a request from Ronald L. Haney, M.D., 'Trustee and
Sole Director of southside Orthopedic Associates, P. C. for
permission t.o install a private water service within a
private easement to serve property at 15411 Genito Road, and
authorized the County Administrator to execute the water
connection agreemEmt. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
06-534
06/28/06
8.D.13.b. FROM FARRISH PROPERTIES, LLC TO CONSTRUCT A
PRIVATE ROAD WITHIN A THIRTY-FOOT UNIMPROVED
COUNTY RIGHT OF WAY
On motion of Mr. Warren, seconded by Mr. King, the Board
approved a request from Farrish Properties, LLC for
permission to construct a private road 15 feet into a 30-foot
unimproved county right of way, 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, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8. D .13 . c . FROM LONNIE WADE MCCOY, PATSY ROSE MCCOY AND
RACHEL MAY ADAMS SNEAD TO CONSTRUCT A FENCE AND
MAINTAIN PORTIONS OF TEN-FOOT ALLEYS WITHIN
REVISED PLAN OF RAYON PARK
On motion of Mr. Warren, seconded by Mr. King, the Board
approved a request from Lonnie Wade McCoy, Patsy Rose McCoy
and Rachel May Adams Snead for permission to construct a
fence and maintain portions of 10-foot alleys within Revised
Plan of Rayon Park, 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, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8. D .1.3 . d. FROM CAROL CANADA FOR LANDSCAPING TO ENCROACH
WITHIN AN EIGHT-FOOT EASEMENT, AND A SIXTEEN-FOOT
DRAINAGE EASEMENT ACROSS LOT 27, LELAND VILLAGE AT
CHARTER COLONY, SECTION A
On motion of Mr. Warren, seconded by Mr. King, the Board
approved a request from Carol Canada for permission for
landscaping to encroach four feet into an eight-foot easement
and a 16-foot drainage easement across Lot 27, Leland Village
at Charter Colony, Section A, subject to the execution of a
license agreement. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8 . D .14 . REQUESTS TO QUITCLAIM
8.D.14.a. A PORTION OF TWO SIXTEEN-FOOT DRAINAGE EASEMENTS
ACROSS THE PROPERTY OF THOMLIN3, LLC
On motion of Mr. Warren, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of two 16-foot drainage easements across the property
06-535
06/28/06
of Thomlin3, LLC. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8.D.14.b. A VARIABLE WIDTH TEMPORARY REDUCED IMPERVIOUS BEST
MANAGEMENT PRACTICE EASEMENT ACROSS THE PROPERTY
OF en PROPERTIES, INCORPORATED
On motion of Mr. Warren, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quit.claim deed to vacate a
variable width temporary reduced impervious BMP easement
across the property of CMA Properties, Incorporated. (It is
noted a copy of the plat is filed wi th the papers of this
Board. )
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8. D .15. CONVEYANCE OF AN EASEMENT TO COLUMBIA GAS OF
VIRGINIA, INCORPORATED ACROSS COUNTY PROPERTY AT
MID-LOTHIAN MINES PARK TO UPGRADE SERVICE IN THE
AREA
On motion of Mr. Warren, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Columbia Gas of Virginia, Incorporated across county property
at Mid-Lothian Mines Park. (It is noted a copy of the plat
is filed with the papers of this Board.)
Ayes: King " Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8 . D .16 . APPROPRIATION OF ADDITIONAL FUNDS, AUTHORIZATION
TO ENTER INTO AMENDED VIRGINIA DEPARTMENT OF
TRANSPORTATION/COUNTY PROJECT AGREEMENTS, AND
AUTHORIZATION TO AWARD CONSTRUCTION CONTRACTS FOR
TWO SAFETY PROJECTS ON BAILEY BRIDGE ROAD
On motion of Mr. Warren, seconded by Mr. King, the Board
appropriated $20,000 in anticipated Virginia Department of
Transportation reimbursements for the Bailey Bridge Road west
of Holly View Parkway Proj ect; authorized the County
Administrator to enter into amended Virginia Department of
Transportation/ cou.nty proj ect agreements, acceptable to the
County Attorney; awarded, subject to VDOT concurrence, a
$393,692 construction contract to Shoosmith Brothers for the
Bailey Bridge Road west of Holly View Parkway Proj ect; and
awarded, subject to VDOT concurrence, a $277,777 construction
contract to Colony Construction for the Bailey Bridge Road
west of Battlecreek Drive Project.
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
06-5:~6
06/28/06
8. D .17 . APPROPRIATION AND TRANSFER OF FUNDS FOR THE
WINCHESTER GREEN SIDEWALK AND STREETSCAPING
ENHANCEMENT PROJECT
On motion of Mr. Warren, seconded by Mr. King, the Board
appropriated $180,000 in anticipated Virginia Department of
Transportation reimbursements for the Winchester Green
Sidewalk and Streetscaping Enhancement Proj ect; transferred
$25,000 from the General Road Improvement Account to the
Winchester Green Sidewalk and Streetscaping Project for the
local match; and authorized the County Administrator to
obtain the necessary environmental permits.
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8. D .18 . APPROVAL OF THE PURCHASE OF RIGHT OF WAY AND SLOPE
EASEMENT FOR ACCESS TO THE BERMUDA AREA SCHOOLS FROM
HUBERT BLAKE ROCHELLE
On motion of Mr. Warren, seconded by Mr. King, the Board
approved the purchase of 0.020 acres of right of way and a
variable width slope easement for access to the Bermuda Area
Schools site from Hubert Blake Rochelle, and authorized the
County Administrator to execute the sales contract and deed.
(It is noted a copy of the plat is filed with the papers of
thi s Board.)
,~
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
8.D.19. AUTHORIZE THE ACCEPTANCE AND APPROPRIATION OF A
CONTRIBUTION MADE TO THE CHESTERFIELD COUNTY PUBLIC
LIBRARY ON BEHALF OF A FORMER BON AIR LIBRARY
CUSTOMER
On motion of Mr. Warren, seconded by Mr. King, the Board
authorized the Chesterfield County Public Library to receive
and appropriate $147,500, as beneficiary of the Hanh P.
He11enguard Trust in memory of Hanh Hel1enguard and Dennis
Hel1enguard.
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
-
8.D.20. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
MIDLOTHIAN, MATOACA, DALE, BERMUDA AND CLOVER HILL
DISTRICT IMPROVEMENT FUNDS TO THE FIRE DEPARTMENT TO
DEFRAY THE COSTS ASSOCIATED WITH CADET SAFETY CAMP
On motion of Mr. Warren, seconded by Mr. King, the Board
transferred $395 each from the Midlothian, Matoaca, Dale,
Bermuda and Clover Hill Magisterial Districts (total of
$1,975) to the Fire Department to defray the costs associated
with Cadet Safety Camp.
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
06-537
06/28/06
8 . D. 21. APPROVAL OF PURCHASE OF LAND FOR THE BERMUDA AREA
SCHOOLS FROM ANDREW G. RECK, JR. AND HANNAH M. RECK
On motion of Mr. Warren, seconded by Mr. King, the Board
approved the purchase of 26.397 acres, more or less, of land
for the Bermuda Area Schools Project from Andrew G. Keck, Jr.
and Hannah M. Keck, and authorized the County Administrator
to execute the sales contract and deed. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
The following item was removed from the Consent Agenda for
Board discussion:
8.D.12.c. ALONG THE SOUTH RIGHT OF WAY LINE OF BEACH ROAD
FROM THE TRUSTEES OF THE EPISCOPAL CHURCH IN THE
DIOCESE OF SOUTHERN VIRGINIA
In response to Mrs. Humphrey' s qUE~stion, Mr. Harmon stated,
if development occurred on the opposite side of Beach Road
across from this property, the landowner would also be
required to provide 45 feet of right of way from the
centerline of the road on the opposi te side. He further
stated the right of way widths are based on the county's
Thoroughfare Plan. He stated a prE!scriptive 15-foot easement
is required by state statute on either side of the centerline
for road maintenance.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
accepted the convE~yance of a parcE!l of land containing 0.24
acres along the south right of way line of Beach Road (State
Route 655) from the Trustees of the Episcopal Church in the
Diocese of Southc=rn Virginia, and authorized the County
Administrator to E~xecute the deed. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
The following i tern was removed from the Consent Agenda for
public comment:
8.D.22. APPROVAL OF PURCHASE OF RIGHT OF WAY FOR ACCESS
TO THE BERMUDA AREA SCHOOLS FROM BEVERLY BLAIR
MCDOWELL AND MARLEENE FOSTER MCDOWELL
Mr. George Beadles stated he does not support items, such as
this one, being added to the Consent Agenda at the last
minute, without citizens being aware and having an
opportunity to review them.
No one else came forward to speak to this issue.
Mr. Warren made a motion, seconded by Mr. King, for the Board
to approve the purchase of 0.133 acres of right of way for
06-538
06/28/06
access to the Bermuda Area Schools site from Beverly Blair
McDowell and Marleene Foster McDowell.
Mr. King seconded Mr. Warren's motion.
Mr. Warren expressed concerns relative to the length of time
it takes after a bond referendum prior to purchasing land for
bond projects, as reflected in this item. He stated a site
has still not been purchased in the Clover Hill District for
the library approved in the 2004 referendum.
Mr. Harmon stated the county has a site selection process for
locating public facilities. He further stated the library
site is currently going through the process.
Mr. Ramsey assured Mr. Beadles that staff has never purposely
added an agenda item at the last minute. He stated the two
items were requested to be added because staff was able to
work out issues relative to the land purchase in the last
couple of days. He further stated staff will look at its
policy for bringing items forward after the agenda has been
published.
Mr. Warren stated he
selection process.
community or Board
selection process.
is trying to understand the lengthy site
He expressed concerns that there is no
member input early on in the site
Mr. Ramsey stated it has always been staff's practice to
bring site recommendations to the Board first, and Board
members may choose to hold community meetings regarding all
potential sites.
Mr. King called for a vote on the motion of Mr. Warren,
seconded by Mr. King, for the Board to approve the purchase
of 0.133 acres of right of way for access to the Bermuda Area
Schools site from Beverly Blair McDowell and Marleene Foster
McDowell, and authorize the County Administrator to execute
the sales contract and deed. (It is noted a copy of the plat
is filed with the papers of this Board.)
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
9 . REPORTS
9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
LEASE PURCHASES
-........
9. B. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9. C. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY
SYSTEM
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
accepted the following reports: A Report on the Status of
General Fund Balance, Reserve for Future Capital Projects,
District Improvement Funds and Lease Purchases; and a Report
on Developer Water and Sewer Contracts.
06-539
06/28/06
And, further, the following roads were accepted into the
State Secondary System:
ADDITION
BRANDY OAKS, SECTION 8
(Effective 4/20/2006)
Brandy Wood Place (Route 5957) - From Brandy Wood
Drive (Route 5955) to Cul-de-sac
Brandy Wood Road (Route 5955) - From 0,07 mile
west of Brandy Wood Terrace (Route 5956) to
temporary end of maintenance
Brandy Wood Road (Route 5955) - Frcm 0.85 mile
north of Brandy Oaks Boulevard (Rt. 5369) to
Brandy Wood Road (Route 5955)
Brandy Wood Terrace (Route 5956) - From Brandy
Wood Drive (Route 5955) to Cul-de-sac
IRONBRIDGE BOULEVARD EXTENSION, PHASE 2
~-_._.~-
(Effective 4/28/2006)
Ironbridge Boulevard (Route 632) - From Arbor
Landing Drive (Route 4815) to 0.23 mile north of
Arbor Landing Drive (Route 4815)
OAKLAND BOULEVARD EXTENSION
(Effective 4/28/2006)
Oak1ake Boulevard East (Route 5903) - From 0.28
mile east of Oaklake Court (Route 15904) to
Wilfong Drive (Route 5988)
Oak1ake Boulevard East (Route 5903) - From
Wilfong Drive (Route 5988) to temporary end
of maintenance
wilfong Drive (Route 5988) - From East Oak1ake
Boulevard (Route 5903) to temporary end of
Maintenance
WALNUT GROVE, SECTION 1
(Effective 4/26/2006)
Chestnut Creek Drive (Route 6011) - From Rimswell
Drive (Route 6010) to Hazelnut Branch Road (Route
6012)
Hazelnut Branch Court (Route 6013) .- From
Hazelnut Branch Road (Route 6012) to Cul-de-sac
Hazelnut Branch place (Route 6014) - From
Hazelnut Branch Road (Route 6012) to Cul-de-sac
Hazelnut Branch Road (Route 6012) -. From
Hazelnut Branch Court (Route 6013) to Cul-de-sac
Hazelnut Branch Road (Route 6012) _.. From
Chestnut Creek Drive (Route 6011) to Hazelnut
Branch Terrace (Route 6015)
06-!540
LENGTH
0.02 Mi.
0.07 Mi.
0.08 Mi.
0.22 Mi.
o . 23 Mi.
o . 02 Mi.
0.16 Mi.
o . 15 Mi.
o . 08 Mi.
0.03 Mi.
o . 03 Mi.
o . 06 Mi.
0.06 Mi.
06/28/06
Hazelnut Branch Road (Route 6012) - From
Chestnut Creek Drive (Route 6011) to Hazelnut
Branch Court (Route 6013)
Hazelnut Branch Terrace (Route 6015) - From
Hazelnut Branch Road (Route 6012) to Cul-de-sac
-
Hazelnut Branch Terrace (Route 6015) - From
Hazelnut Branch Drive (Route 6012) to Cul-de-sac
o . 05 Mi.
o . 02 Mi.
O. 02 Mi.
Rimswe11 Drive (Route 6010) - From Chestnut Creek
Drive (Route 6011) to Walnut Wood Drive (Route 6016) 0.04 Mi.
Rimswell Drive (Route 6010) - From 0.08 mile north
of Genito Road (Route 604) to Chestnut Creek Drive
(Route 6011)
Rimswell Drive (Route 6010) - From Genito Road
(Route 604) to 0.08 mile north of Genito Road
(Route 604)
Rimswell Drive (Route 6010) - From Rimswell Place
(Route 6019) to temporary end of maintenance
Rimswell Drive (Route 6010) - From Walnut Wood
Drive (Route 6016) to Rimswel1 Place (Route 6019)
Rimswell Mews (Route 6018) - From Rimswell Drive
(Route 6010) to Cul-de-sac
-
Rimswel1 Place (Route 6019) - From Rimswell Drive
(Route 6010) to temporary end of maintenance
Walnut Wood Court (Route 6017) - From Walnut
Wood Drive (Route 6016) to Cul-de-sac
Walnut Wood Drive (Route 6016) - From Walnut
Wood Court (Route 6017) to Cul-de-sac
Walnut Wood Drive (Route 6016) - From Rimswell
Drive (Route 6010) to Walnut Wood Court (Route
6017)
BAYHILL POINTE, SECTION 15
(Effective 5/19/2006)
Bailey Oak Court (Route 5954) - From Bailey Oak
Drive (Route 5953) to Cul-de-sac
Bailey Oak Drive (Route 5953) - From Penny
Bridge Drive (Route 5951) to Bailey Oak Court
(Route 5954)
Bailey Oak Drive (Route 5953) - From Bailey
Oak Court (Route 5954) to temporary end of
maintenance
Hollow Oak Road (Route 5720) - From 0.04 mile
south of Hollow Oak Drive (Route 5597) to
Penny Bridge Drive (Route 5951)
06-541
o . 13 Mi.
o . 08 Mi.
o . 03 Mi.
o . 06 Mi.
o . 05 Mi.
o . 09 Mi.
o . 07 Mi.
o . 05 Mi.
o . 06 Mi.
o . 03 Mi.
o . 09 Mi.
o . 03 Mi.
o . 04 Mi.
06/28/06
Penny Bridge Drive (Route 5951) - From Penny
Bridge Place (Route 5952) to Cul-de-sac
Penny Bridge Drive (Route 5951) - From Hollow
Oak Road (Route 5951) to Bailey Oak Drive
(Route 5953)
Penny Bridge Drive (Route 5951) - From Hollow
Oak Road (Route 5951) to Penny Brid;Je Place
(Route 5952)
Penny Bridge Drive (Route 5951) - From Bailey
Oak Drive (Route 5953) to temporary end of
Maintenance
Penny Bridge place (Route 5952) - From Penny
Bridge Drive (Route 5951) to Cul-de-sac
OAK PARK, SECTION 1
(Effective 5/22/2006)
Live Oak Court (Route 5986) - From Live Oak
Lane Roundabout (Route 5984) to Cu1..de-sac
Live Oak Lane (Route 5983) - From Live Oak
Lane Roundabout (Route 5984) to temporary end
of maintenance
Live Oak Lane (Route 5983)- From Huguenot
Road (Route 147) to Live Oak Lane Roundabout
(Route 5984)
Oak Park Drive (Route 5985) - From Live Oak
Lane Roundabout (Route 5984) to temporary end
of maintenance
OAK PARK, SECTION 2
(Effective 5/22/2006)
Live Oak Drive (Route 5985) - From 0.03 mile
west of Live Oak Lane Roundabout (Route 5984)
to Live Oak Circle (Route 5987)
Live Oak Lane (Route 5983) - From 0.11 mile
west of Live Oak Lane Roundabout (Route 5984)
to Big Oak Lane (Route 815)
Oak Park Circle (Route 5987) - From Live Oak
Drive (Route 5985) to Live Oak Drive (Route 5985)
ST. JAMES WOODS, SECTION M
(Effective 5/25/2006)
Bantry Court (Route 5961) - From Bantry Drive
(Route 5647) to Cul-de-sac
Bantry Court (Route 5647) - From Bantry Terrace
(Route 5962) and Bantry Court (Route 5961) to
0.04 mile south of Westbury Knoll (Route 3979)
Bantry Drive (Route 5647) - From Bantry Loop
(Route 5963) to Bantry Loop (Route 5963)
06-542
0.11 Mi.
o . 03 Mi.
0.08 Mi.
o . 01 Mi.
0.07 Mi.
0.33 Mi.
0.12 Mi.
0.04 Mi.
0.04 Mi.
0.04 Mi.
0.21 Mi.
o . 24 Mi.
o . 04 Mi.
0.15 Mi.
0.02 Mi.
06/28/06
Bantry Drive (Route 5647) - From Bantry Court
(Route 5961) to Bantry Loop (Route 5963)
o . 24 Mi.
Bantry Drive (Route 5647) - From Bantry Loop
(Route 5963) to Cul-de-sac
o . 1 7 Mi.
Bantry Loop (Route 5963) - From Bantry Drive
(Route 5647) to Bantry Drive (Route 5647)
o . 04 Mi.
-
Bantry Terrace (Route 5962) - From Bantry
Drive (Route 5647) to Cul-de-sac
o . 08 Mi.
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
Mr. Miller returned to the meeting.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
",..-.,..
Mr. Dick Page expressed concerns relative to temporary, code
violating, advertisement signs in the medians and on the
shoulders of county roads. He stated the county's code
compliance officers cannot handle this type of violation
because of the size of the county and the numbers involved.
He suggested that the county establish a code compliance
citizens' auxiliary to assist with removal of the signs and
improve the beautification of county highways. He noted that
the Virginia Department of Transportation supports removal of
these signs by citizens' cleaning crews through the Adopt-A-
Highway Program.
Mr. King stated the citizens' auxiliary is an interesting
concept and requested that the County Attorney explore its
possibility.
Mr. Ramsey stated he spoke with Mr. Page last week and has
initiated a review of this proposal from a legal standpoint.
He further stated staff will report back to the Board in 30
days.
Reverend Wayne Mancari, accompanied by three areas pastors,
informed the Board that several hundred congregations, who
are members of Metro Richmond at Prayer, will be praying for
the leadership of the governing bodies of the Metropolitan
Richmond area during the month of July.
Mr. C. L. Morrissette provided Board members with copies of
various state statutes and attorney general's opinions
relative to family subdivisions, public advertisements and
other issues. He requested that Board members review this
information.
Ms. Andrea Epps provided details of the benefits of transfer
of development rights (TDR) programs. She requested that the
Board consider this new tool for guiding development and
refer it to the Planning Commission for study.
In response to Mr. Warren's question, Mr. Ramsey stated staff
will look at the current ordinance and what the new TDR
06-543
06/28/06
legislation permits the county to do and report to the Board
within 60 days.
Mrs. Humphrey stated the Southern and Western Area Plan is
coming to maturity. She further stated the county has always
been on the forefront of innovative ideas, in areas such as
water quality. She stated it is time to look at the idea of
TDRs and have an application for the Southern and Western
Area Plan,
Mr. Raymond Hevenner praised Mr. Ramsey and members of the
Board for their outstanding leadership, and thanked them for
adopting a fair taxation rate.
STATEMENT BY CHAIRMAN
Mr. King made the following statement:
Today has been onE~ day in a series of difficul t days stemming
from charges of criminal conduct of an elected official of
Chesterfield County. The single most important thing for all
of us to do today is to express most profound sympathy for
the victim of misconduct, and from my heart and on behalf of
my colleagues on this Board, I offer that person our most
sincere wishes for healing. Pleading guilty or being found
guilty of any crime is a serious matter for any individual,
but especially so for an elected official. While we have not
had the opportunity to review fully the court's decision, it
is clear that these were serious offenses. We feel concern
for Mr. Barber and his family especially. He has served this
county and his district well during the 14 years he has
served on our Board. We have refrained from commenting
regarding Mr. Barber's conduct while the matter was pending
in the courts as we all recognizE!d that he was entitled to
every presumption of innocence provided by law. To comment
prior to the disposition of this case would have been highly
inappropriate. The Board has noauthori ty under the law to
force the resignation of one of its members. I have polled
the Board and in the view of the serious nature of the
convictions today, we feel that he has violated the public
trust, and it would be inappropriate for Mr. Barber to
continue to serve on this Board and would draw serious
question to his ability to effectively serve his constituents
or to otherwise represent this county. We, therefore,
regretfully request Mr. Barber's immediate resignation.
11. DINNER
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
recessed to the Administration Building, Room 502, for
dinner.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
Reconvening:
12. INVOCATION
Reverend Charles rrhompson, Senior Pastor of Richmond Trinity
Church of the Nazarene, gave the invocation.
06-544
06/28/06
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Christopher Harding led the Pledge of Allegiance
to the flag of the United States of America.
14. RESOLUTIONS
14 . B . RECOGNIZING SUBSTANCE ABUSE FREE ENVIRONMENT
INCORPORATED (SAFE), AND SOUTHSIDE NAZARENE CHURCH FOR
THEIR CONTRIBUTIONS TO THE COUNTY'S RECEIPT OF THE
NATIONAL 2006 YOUTH SERVICES AWARD
Ms. Carter introduced Dr. Bancroft
Thornhill, Reverend Steve Harper, Ms.
Wayne Fritz, representatives from the
were present to receive the resolution.
Green, Ms. Crystal
Sharyl Adams, and Mr.
partner agencies, who
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Board of Supervisors is
committed to addressing concerns about alcohol and drug use
and abuse in our community, especially among young people;
and
WHEREAS, Substance Abuse Free Environment Incorporated
(SAFE) is a county, school and community coalition dedicated
to promoting a healthy community that is free of substance
abuse; and
WHEREAS, Southside Nazarene Church is a community
partner in promoting healthy activities for young people; and
WHEREAS, Chesterfield County youths identified the need
for more a1cohol- and drug-free activities for teens; and
WHEREAS, Bandfest, an event featuring local teen bands,
is planned by teens, with support from adults, to provide
safe, alcohol- and drug-free activities; and
WHEREAS, Bandfest is sponsored by SAFE, Chesterfield
County's substance abuse prevention coalition, and supported
by the Chesterfield County Youth Planning and Development and
Southside Nazarene Church; and
WHEREAS, Bandfest is a unique collaboration among young
people, the SAFE coalition, the county and the faith
community; and
",~..
WHEREAS, Bandfest has been held seven times since 2003,
reaching over 4,000 teens, providing them with a fun, safe,
alcohol- and drug-free activity; and
WHEREAS, Bandfest provides an opportunity for youths to
develop leadership skills and to give back to the community
through volunteerism; and
WHEREAS, Bandfest is also supported by
volunteers, including volunteers from SAFE,
Nazarene Church, and the police department; and
many adult
Souths ide
06-545
06/28/06
WHEREAS, the National Association of Counties presents
the Acts of Caring Award in recognition of top county
volunteer programs in the country that demonstrate innovative
and effective partnerships between county governments and the
community; and
WHEREAS, Chesterfield County received the 2006 Acts of
Caring Award in the Youth Service category which is presented
to only one program selected nationally from programs
involving youth volunteers.
NOW, THEREFORE BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 28th day of June 2006,
publicly recognizes SAFE, Youth Planning and Development,
Southside Nazarene Church and all the youth and adult
volunteers that have contributed to the success of Bandfest,
and congratulates them for receiving the 2006 National
Association of Counties' Youth Sendee Award.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
Mr. Miller presented executed resolutions to Dr. Green and
Reverend Harper, and expressed appreciation to all who
volunteer to help the youth of Chesterfield County eliminate
drugs and alcohol.
Dr. Green thanked the Board, on behalf of SAFE, for its
support and the recognition. He expressed appreciation for
SAFE's partnership with Southsid(3 Nazarene Church, which
brings a level of excellence to the Bandfest program.
Reverend Harper expressed appreciation to the Board, on
behalf of Southside Nazarene Church, for allowing them to
assist in making this a memorable event for the county's
youth.
Ms. Thornhill thanked all of the youth who assisted with
Bandfest.
14.C. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOU'l~
14.C.l. MR. JACOB MCCRAY, BERMUDA DISTRICT
14. C. 2. MR. SAMUEL OSTERHOUT, MATOACA DISTRICT
14.C.3. MR. CHRISTOPHER HARDING, MIDLOTHIAN DISTRICT
14.C.4. MR. STEPHEN WEINSTOCK, MIDLOTHIAN DISTRICT
Mr. Kappel introduced Mr. lJacob McCray, Mr. Samuel Osterhout,
Mr. Christopher Harding and Mr. Stephen Weinstock, who were
present to receive the resolutions.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8 r 1910, and was chartered
by Congress in 1916; and
06-546
06/28/06
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to their community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law
Mr. Samuel James Osterhout, Troop 806, sponsored by
Woodlake United Methodist Church; Mr. Christopher Baird
Harding, Troop 876, sponsored by Mount Pisgah United
Methodist Church; Mr. Jacob Ronald McCray, Troop 175,
sponsored by Second Presbyterian Church; and Mr. Stephen Ross
Weinstock, Troop 810, sponsored by Epiphany Catholic Church,
have accomplished those high standards of commitment and have
reached the long-sought goal of Eagle Scout which is received
by only four percent of those individuals entering the
Scouting movement; and
WHEREAS, growing through their experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare themselves for roles as leaders in
society, Sam, Chris, Jacob and Stephen have distinguished
themselves as members of a new generation of prepared young
citizens of whom we can all be very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 28th day of June 2006,
hereby extends its congratulations to Mr. Samuel James
Osterhout, Mr. Christopher Baird Harding, Mr. Jacob Ronald
McCray and Mr. Stephen Ross Weinstock, and acknowledges the
good fortune of the county to have such outstanding young men
as its citizens.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
Mr. King and Mrs. Humphrey presented the executed resolutions
and patches to Mr. McCray, Mr. Osterhout, Mr. Harding and Mr.
Weinstock, accompanied by members of their families,
congratulated them on their outstanding achievement, and
wished them well in their future endeavors.
Mr. McCray expressed appreciation to his parents, members of
his troop and others for their support.
-
Mr. Osterhout expressed appreciation
scoutmaster and others for their support.
to
his
parents,
Mr. Weinstock expressed appreciation to God, his parents,
friends and scoutmasters for their support.
Mr. Harding expressed appreciation to
Midlothian Volunteer Fire Department,
others for their support.
his parents,
fellow scouts
the
and
06-547
06/28/06
15. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTION 17
06SN0144
In Mid10thian Magisterial District! HENRY JONES FAMILY L. C.
requests rezoning and amendment of zoning district map from
Residential (R-9) and Light Industrial (1-1) to Residential
Townhouse (R-TH) with Conditional Use Planned Development to
allow exceptions to Ordinance requirements. Residential use
of up to 8.00 uni ts per acre is perm:L t ted in a Residential
Townhouse (R-TH) District. The Comprehensive Plan suggests
the property is appropriate for village square, village
shopping district and village fringre area uses. This request
lies on 21.8 acres fronting approximately 600 feet on the
west line of North Woolridge Road, also fronting
approximately eighty (80) feet on the south line of Grove
Hill Road. Tax ID 731-706-Part of 3947.
Mr. Turner stated the applicant has requested a deferral
until July 26, 2006.
Mr. Shawn Smith, representing the applicant, requested a
deferral until July 26, 2006.
Mr. King called for public comment
No one came forward to speak to the deferral.
On motion of Mr. Miller, seconded by Mr. Warren, the Board
deferred Case 06SN0144 until July 26, 2006.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
06SN0121
In Dale Magisterial District, DOMINION PROPERTY SERVICES
requests rezoning and amendment of zoning district map from
Agricultural (A) to Residential Townhouse (R-TH). Residential
use of up to 8.0 units per acre is permitted in a Residential
Townhouse (R-TH) District. The Comprehensive plan suggests
the property is appropriate for medium density residential
use of 1.51 to 4.0 units per acre. This request lies on 29.9
acres fronting approximately 1,700 feet on the north line of
Genito Road approximately 200 feet east of Price Club
Boulevard. Tax IDs 747-681-7089; 747-682-7022 and Part of
4858; and 748-681-0499.
Mr. Turner presented a summary of Case 06SN0121 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered condi tions. He noted that the
applicant has submitted a revis,ed proffered condition 18
since the Planning Commission's hearing of the case.
06-548
06/28/06
Ms. Ashley Harwell, representing the applicant, stated the
recommendation is acceptable.
Mr. King called for public comment.
No one came forward to speak to the request.
In response to Mr. Miller's question, Ms. Jane Peterson
stated it is not necessary for the Board to suspend its rules
to accept the amended proffered condition.
On motion of Mr. Miller, seconded by Mr. Warren, the Board
approved Case 06SN0121 and accepted the following proffered
conditions, including amended proffered condition 18:
The Developer (the "Developer") in this zoning case, pursuant
to Subsection 15.2-2298 of the Code of Virginia (1950 as
amended) and the Zoning Ordinance of Chesterfield County, for
himself and his successors or assigns, proffers that the
development of the property known as Chesterfield County Tax
Identification Numbers 747-682-4858 (Part of), 748-681-0499,
747-682-7022, and 747-681-7089 (the "Property") under
consideration will be developed according to the following
conditions if, and only if, the rezoning request for R-TH is
granted. In the event the request is denied or approved with
conditions not agreed to by the Developer, the proffers and
conditions shall immediately be null and void and of no
further force or effect.
1.
Density. The maximum density of the development on the
Property shall not exceed 7.25 dwellings per acre. (P)
-
2. Utilities. Public water and wastewater systems shall
be used. (U)
3. Timbering. Wi th the exception of timbering which has
been approved by the Virginia State Department of
Forestry for the purpose of removing dead or diseased
trees, there shall be no timbering on the Property until
a land disturbance permi t has been obtained from the
Environmental Engineering Department and the approved
devices have been installed. (EE)
4. Cash Proffer. For each dwelling unit developed, the
applicant, subdivider, or assignee(s) shall pay the
following to the County of Chesterfield prior to the
issuance of a building permit for each dwelling unit for
infrastructure improvements within the service district
for the Property:
-
a. $15,600 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 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.
shall be spent for
as otherwise permitted
the
by
06-549
06/28/06
d. Should Chesterfield County impose impact fees at
any time during the lifE:! of the development that
are applicable to the Property, the amount paid in
cash proffers shall be in lieu of or credited
toward, but not in addition to, any impact fees, in
a manner as determined by the County. (B&M)
5. Buffers.
a. All required buffers shall be located within
recorded open space.
b. A fifty (50) foot wide buffer shall be provided
along the eastern line of the Property. This buffer
shall comply with the Zoning Ordinance Requirements
for fifty (50) foot buffers. (P)
6. Public Streets. All streets that accommodate general
traffic circulation throuuh the development as
determined by the Transportation Department, shall be
designed and constructed to VDOT standards and taken
into the State System. (T)
7 . Vehicular Access. Direct vehicular access from the
Property to Genito Road shall be limited to two (2)
public roads. One (1) public road (the "Main Access")
shall align with the existinq crossover on Genito Road
located towards the eastern part of the Property. The
right of way for other public road (the "Secondary
Access") shall be located adjacent to the western line
of Parcel 5 as shown on the plat prepared by Townes Site
Engineering, entitled "Plat of 4 Parcels of Land and
Zoning of 29.95 Acres Situated on Genito Road, State
Route #604, Chesterfield County, Virginia," dated July
21, 2005. The Secondary Access shall be limited to
right-turns-in and right-turns-out only. The exact
location of these accesses shall be approved by the
Transportation Department. (T)
8.
Road Improvements.
system at the time
Developer shall be
improvements:
To provide an adequate roadway
of complete development, the
responsible for the following
a. Construction of additional pavement along Geni to
Road at each approved access to provide a right
turn lane.
b. Dedication to Chester:field County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. (T)
9. Dedication of Right-of-Way'. In conjunction with the
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 on the north side
of Geni to Road, measured from the centerline of that
part of Genito Road irmnediately adjacent to the Property
shall be dedicated, free and unrestricted, to and for
the benefit of Chesterfield County. (T)
06-5,50
06/28/06
10. Transportation Phasing Plan. Prior to any construction
plan approval, a phasing plan for the required road
improvements, as identified in Proffered Condition 8,
shall be submitted to and approved by the Transportation
Department. (T)
11. Dwelling Units per Building. A maximum of seven (7)
dwelling units shall be attached; however, a maximum of
four (4) dwelling units shall be attached if anyone or
more of the dwelling units so attached do not contain a
garage. (P)
12. Garages. A minimum of forty percent (40%) of dwelling
units shall have an attached garage. Where provided, if
a garage is not rear- or side-loaded, it shall not be
located closer to the street than the front facade of
the dwelling unit it serves. Where garages are not
provided, offstreet parking shall be provided for the
dwelling units, but driveways shall not be located in
the front yards. The subdivision record plat shall
reflect the location of lots where garage units will be
constructed. (P)
13. Driveways. All driveways shall be paved. (P)
-
14. Focal Point. A minimum of 1.5 acres of the required
recreational area shall serve as a focal point as one
enters the proj ect from the Main Access. The focal
point area shall include, but not be limited to, benches
or other amenities that accommodate and facilitate
gatherings. (P)
15. Sidewalks. Sidewalks shall be provided along both sides
of public roads which have dwelling units fronting the
road. Ornamental pedestrian scale lighting, not to
exceed fourteen (14) feet in height, shall be provided
to illuminate the sidewalks. (P)
16. Building Materials. The facades of dwelling units shall
be constructed of brick, brick or stone veneer, wood,
vinyl, hardip1ank or composition siding, or a
combination of such materials. (P)
17.
Foundations. All exposed portions
foundations shall be faced with brick.
of front
(P)
and side
18. Elevations.
a.
Buildings containing three (3) story dwelling units
shall have an architectural treatment and materials
generally consistent with those depicted in the
rendering entitled "Three Story Dwellings, Geni to
Road Townhomes," dated April 19, 2006.
-
b. Buildings containing two (2) story dwelling units
shall have an architectural treatment and materials
generally consistent with those depicted in the
rendering entitled "Two Story Dwellings, Genito
Road Townhomes," dated March 27, 2006.
c.
Provided,
approve
however,
alternative
the Planning
treatment
Commission may
and materials
06-551
06/28/06
provided the alternative meets the spirit and
intent of the above requirement relative to
building material quality, varied rooflines,
articulation of doors and window and varied color
schemes. (P)
(Staff Note: Alternative materials must conform to Proffered
Condi tion 16.)
19. Dwelling Size.
a. Each dwelling unit shall have a minimum gross floor
area of 1300 square feet.
b.
Each lot, except end lots,
width of twenty (20) feet.
shall have a minimum lot
(P)
20. Landscaping of Best Ma.nagement Practices (BMP). Any BMP
required for water quantity or quality control that is
located in public view shall be a. wet facility and shall
be landscaped and otherwise improved so as to be a
visual enhancement to the project. (EE & P)
Ayes: King, Miller, Humphrey and \illarren.
Nays: None.
Absent: Barber.
06SN0241 (Amended)
In Matoaca Magisterial District, VERNON LAPRADE requests
amendment to rezoning (Case 89SN03.~2) and amendment of zoning
district map for relief from drainage plan submittal and
certain transportation improvement:s for two (2) residential
lots. The density of such amendment will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for residential use
of 1-5 acre lots, suited to R-88 zoning. This request lies
in a Residential (R-25) District on 23.5 acres fronting
approximately 1, 030 feet on the WE!st line of Exter Mill Road
approximately 1,050 feet south of Trents Bridge Road. Tax
IDs 747-622-7960; 747-623-5702; and 748-622-2252.
Mr. Turner presented a summary of Case 06SN0241 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered condition.
Mr. Vernon LaPradE:! stated the recommendation is acceptable.
Mr. King called for public comment.
No one came forward to speak to the request.
In response to Mrs. Humphrey's question, Mr. McCracken stated
only two lots can be developed :.f the Board approves this
request. He further stated transportation improvements will
be required as future developments occur in this area.
Ms. Orr stated all of the conditions of Case 89SN0342 would
still be in effect on the remaining acreage.
06.-552
06/28/06
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved Case 06SN0241 and accepted the following proffered
condition:
Wi th the exception of two (2) lots,
responsible for the following road
initial development of the property:
the developer shall be
improvements with the
A. Road construction plans for the reconstruction of
Exter Mill Road to VDOT urban collector road
standards from Trents Bridge Road to the southern
property line of the subject property shall be
submitted to, and approved by, the County's
Transportation Department. Such reconstruction
shall include, among other things, a right-turn
lane on Exter Mill Road at the site road
intersection.
B. Dedication of all right of way necessary for the
reconstruction of Exter Mill Road as identified in
2.A. Such dedication shall occur prior to the
recordation of any lots.
C.
Reconstruction of Exter Mill Road to VDOT urban
collector road standards, as determined by the
Transportation Department, from Trent's Bridge Road
to the southern property line of the subject
property. Such construction shall be in accordance
with road construction plans which have been
approved by the Transportation Department in
accordance with 2.A.
-
D. In the event the developer is unable to acquire the
section of right of way necessary for the
reconstruction of Exter Mill Road from the northern
property line of the subject property to Trent' s
Bridge (off-site right of way), the developer may
request, in wri ting, the County to acquire such
right of way as a public road improvement. All
costs associated with the acquisition shall be
borne by the developer. In the event the County
chooses not to assist the developer in the
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 to
reconstruct the section of Exter Mill Road between
the northern property line of the subject property
and Trent's Bridge Road.
(Note: This proffered condition supersedes Proffered
Condition 13 of Case 89SN0342 for the request property only.)
-
(Staff Note: With the approval of this request Proffered
Condition 10 is deleted for the request property only.)
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
06-553
06/28/06
06SN0257
In Matoaca Magisterial District, CHESTERFIELD COUNTY-
UTILITIES DEPARTMENT requests Condi tiona1 Use and amendment
of zoning district map to permit a public utility use (water
pump station and water tank) in an Agricultural (A) District.
The density of such amendment will be controlled by zoning
condi tions or Ordinance standards. The Comprehensive plan
suggests the property is appropriate for residential use of
1-5 acre lots, suited to R-88 zoning. This request lies on
7.0 acres and is known as 11730 River Road. Tax ID 746-630-
2124.
Mr. Turner presented a summary of Case 06SN0257 and stated
the Planning Commission and staff recommended approval
subject to conditions.
Mr. John Harmon, 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 stated this is the site of the old Union Branch
School, which will be demolished. She further stated the
Utilities Department will be USin9 the property for a pump
station.
On motion of Mrs. Humphrey, seconded by Mr. Miller, thE~ Board
approved Case 06SN0257 subject to the following conditions:
1. Any building or mechanical equipment shall comply with
Sections 19-570 (b) and (c) and 19-595 of the Zoning
Ordinance relati ve to architectural treatment of
building exteriors and screening of mechanical
equipment. Any buildings shall have a residential
appearance and design. ThE~ exact treatment of the
facili ty shall be approved by the Planning Department.
( P)
(NOTE: This condition would require the screening of
mechanical equipment, located on, or associated with,
any building from adjacent properties and public rights
of way. This condition would not require screening for
the tank)
2.
The tank shall be grey or another
acceptable to the Planning Department.
neutral
( P)
color,
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
06SR0243
In Bermuda Magisterial District, SHERBOURNE UNITED METHODIST
CHURCH requests renewal of Conditional Use (Case 03SN0330)
and amendment of zoning district map to permit a medical
clinic in a Residential (R-7) District. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
06-554
06/28/06
property is appropriate for residential use of 2.51-4 units
per acre. This request lies on 1.0 acre and is known as 2619
Sherbourne Road. Tax ID 790-683-4329.
Mr. Turner presented a summary of Case 06SR0243 and stated
the Planning Commission and staff recommended approval
subject to conditions.
-
Mr. Marshall Trammell, representing the applicant, stated the
recommendation is acceptable.
Mr. King called for public comment.
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mr. Miller, the Board
approved Case 06SR0243 subject to the following conditions:
1. Any medical clinic shall only be permitted so long as a
church operates on the property. (P)
2. The use shall be open to the public a maximum of three
(3) days per week, from 9:00 AM to 4:00 PM. There shall
be no Saturday or Sunday operations. (P)
3. Any controlled substances such as prescriptions, needles
and narcotics shall be placed in a secured cabinet when
the medical clinic is not open to the public. (P)
4.
Signs shall
loitering.
be
( P)
posted
on
the
property
prohibiting
-
5. Any medical clinic shall be located within the basement
of the church structure. (P)
6.
Persons using the clinic shall enter
facility on the east side of the building.
and
(P)
exit
the
7. Any solid waste storage area shall be located a minimum
of 100 feet from adjacent residentially zoned properties
and shall be screened by a solid wall or fence. (P)
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
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) .
06-555
06/28/06
Ms. DarIa Orr presented a sum.'Tla.ry of Case 06SN0178 and
stated, in negotiating with the applicant, staff agreed to
recommend that the Thoroughfare Pla~ should be adjusted to
provide for a single north-south road and delete the
currently proposed north-south roads, as well as a portion of
an east-west road. She further stated it is staff's policy
to request the construction of .'!'~.oroughfare Plan roads the
entire length through the request properties. She stated,
when the Planning Commission considered the request, the
applicant had agreed to dedicate the right of way for the
road, but only agreed to construct 1700 feet of the road.
She stated, a.t the Board's April 26, 2006 meeting, amended
proffered conditions were presented that would require
construction of 650 feet of the road, leaving approximately
3,300 feet of the road to be constructed after recording of
the 280th lot of the 330 lots in the development. She further
stated there was also an additional proffered condition that
required the posting of a letter of credit in the amount of
the cost t.O construct the road to the resource protection
area. She stated, to address concerns expressed by the Board
relative to construction of the road across the entire length
of the property, the applicant has amended Proffered
Condition 3 to correct a requirement relative to road
improvements. She further stated the applicant is still
agreeing t.o construct 650 feet of the road initially, and
prior to recordation of the 281st lot, will construct
approximately 3300 feet to the RPA. She stated the applicant
is now offering to also provide a cash contribution to the
county in the amount of $200 per linear foot towards the
construction of the section of the Jhoroughfare Plan road
across the RPA. She further stated the Board must suspend
its rules to allow for the amended proffered condition. She
stated staff continues to recommend denial of the request
because the proposal fails to provide for adequate
transportation improvements as recommended by the
Thoroughfare Plan. She noted the cash amount being offered
by the applicant will not cover the cost to const.ruct the
road across the RPA. She stated the Planning Commission
recommended denial, expressing concerns relative to non-
compliance with the Thoroughfare Plan; lack of guarantees
relative to sidewalks, landscaping and open space; the impact
on capital facilities; and timing of the development compared
to the availability of infrastructure to support the
development.
.-
In response to Mr. Miller's question, Mr. McCracken stated
staff is still recommending denial because the applicant is
only agreeing to provide $60,000 of staff's estimated
$175,000 cost to construct the road across the RPA.
Mr. Oliver "Skitch" Rudy, representing the applicant, stated
the proposed arterial road goes nowhere past the RPA. He
further stated the applicant has proposed immediate
improvements to a road system that is going somewhere. He
stated, in addition to the road improvements in the first
phase of the development that will immediately serve the area
while the applicant develops 30-40 lots per year, $5 million
in cash proffers is being provided for transportation
improvements. He further stated a developers' profit is made
when the last lots are developed; therefore, the remainder of
the property will be developed and the road will be completed
to the RPA. He stated the project will serve other residents
06-!;S,6
06/28/06
of the communi ty through the extension of sewer and water
lines and improvements to Hickory Road and other area roads.
Discussion ensued relative to the number of lots that will be
served by 600 feet of the arterial road.
Mr. Miller expressed concerns that the Board is taking a risk
by not requiring construction of the entire road.
Mr. King called for public comment.
Mr. Jerry Jernigan, a resident of the Matoaca District,
stated he does not support the proposed development,
expressing concerns relative to increased traffic as a result
of the development. He stated approval of this request will
open up about 2,500 acres for immediate development because
of the extension of water and sewer, resulting in 4,000-6,000
new homes. He further stated, in his opinion, the developer
should be required to construct the entire road up front
rather than several years from now.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Rudy stated the county is receiving no help from the
state for road construction and will need additional
taxpayers to build the necessary roads. He further stated
the Board should have a comfort level that the developer will
construct the road as outlined in the proffered conditions.
-
In response to Mrs. Humphrey's question, Mr. Micas stated the
cash proffer policy requires that cash proffers be used in
the traffic shed in which they are generated.
In response to Mr. Miller's question, Mr. McCracken stated,
in staff's opinion, the proposed Thoroughfare Plan road
alignment will serve the community just as well as the
current one. He further stated staff prefers to have roads
constructed along the side of a development rather than
running through the middle of it.
Mrs. Humphrey stated she recognizes that growth is coming
with the expansion of Fort Lee. She further stated she has
no concerns about Mr. Timmons completing the project, but is
concerned about rerouting of the transportation system and
lack of commitment to complete the road across the entirety
of the property.
In response to Mr. Warren's question, Mr. McElfish stated he
is satisfied that environmental concerns have been addressed.
-
In response to Mr. Warren's question, Ms. Kitchen stated
Schools staff is satisfied with the impact of the proposed
development because the full cash proffer is being offered.
In response to Mr. Miller's question, Mr. Rudy stated it is
better to locate a road along a property line than through
the middle of the property. He further stated the developer
is investing a lot of money up front, and because the road is
not scheduled to go anywhere in the near future, the
developer could provide for its construction through phasing.
He stated water lines will be run across the full frontage of
the property, and sewer will be extended 10,000 feet,
06-557
06/28/06
accessing properties that do not currently have water and
sewer.
Mrs. Humphrey stated three residents
failing septic tanks, indicating thai:
extensions will benefit the community.
on Hickory Road have
the water and sewer
Mr. King inquired whether staff considered constructing the
north-south road along the along the west side of the
property line far west to tie in with Halloway Avenue.
Mr. McCracken stated the proposed alignment was chosen
because that is what the applicant asked staff to consider.
He further stated the proposed road will be crossing the RPA
no matter where it is located. He stated staff t_hought
additional further spacing on the road could be accomplished
by moving it to the east. He further stated eventually the
road will extend back to the east to the Branders Bridge Road
area.
Mrs. Humphrey stated she would pre'fer that the Thoroughfare
Plan reflect a future alignment of the road extension further
west to Matoaca Road. She further stated the developer will
initially construct 600 feet of the north-south road;
construct the remainder of the road up to the RPA prior to
recordation of the 281st lot; provide $60,000 towards
construction of the road through the RPA; provide a full cash
proffer to address the impact on the development on capital
facilities; extend utilities; and provide additional road
improvements on Hickory Road.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
suspended its rules at this time to allow for consideration
of the amended proffered condition.
Ayes : King, Miller, Humphrey and\AJarren.
Nays: None.
Absent: Barber.
Mrs. Humphrey then made a motion, seconded by Mr. Miller, for
the Board to approve Case 06SN0178 and accept the proffered
conditions, including amended proffered condition 3.
Mr. Miller stated he seconded
communi ty would not have wateJ:-
development.
the
and
motion
sewer
because
wi thou t_
the
this
Mrs. Humphrey expressed appreciation to Mr. Jernigan for his
input. She stated the road improvements and extension of
water and sewer are very important to this area.
Mr. King called for a vote on the motion of Mrs, Humphrey,
seconded by Mr. Miller, for thE~ Board to approve Case
06SN0178 and accept the following proffered conditions:
The Owners-Applicants in this zoning case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended)
and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the
development of the properties known as Chesterfield County
Tax IDs 781-618-6468, 782-619-6148, 784-619-4378 and 784-620-
1961 under consideration will be developed according to the
following conditions if, and only if, the rezoning requests
06-558
06/28/06
for R-15 as set forth ln the above heading and the
application filed herein is granted. In the event the request
is denied or approved with conditions not agreed to by the
Owners-Applicants, these proffers and conditions shall be
immediately null and void and of no further force or effect.
1. Dedications.
a. 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 on the north side of Hickory Road,
measured from the centerline of that part of
Hickory Road immediately adjacent to the property,
shall be dedicated, free and unrestricted, to and
for the benefit of Chesterfield County.
b. In conjunction with recordation of the initial
subdivision plat, a ninety (90) foot wide right-of-
way for a north/south major arterial (the
"North/South Arterial") from Hickory Road to the
northern property line shall be dedicated, free and
unrestricted, to and for the benefit of
Chesterfield County. The exact location of this
right-of-way shall be approved by the
Transportation Department. (T)
2. Access.
a. Direct vehicular access from the property to
Hickory Road shall be limi ted to two (2) public
roads, the North/South Arterial and one (1) other
public road. The North/South Arterial shall align
the Russwood Road intersection. The exact location
of these public roads shall be approved by the
Transportation Department.
b. Direct vehicular access from the property to the
North/South Arterial shall be limited to one (1)
public road. The exact location of this public
road shall be approved by the Transportation
Department. (T)
3. Road Improvements.
(1 )
To provide an
developer shall
improvements wi th
property:
adequate
provide
initial
roadway system,
the following
development of
the
road
the
-
a.
Construction of a two-lane road for the
North/South Arterial, based on VDOT Urban
Minor Arterial Standards (50 MPH) with
modifications approved by the Transportation
Department, from Hickory Road to the north
approximately 650 feet. The exact length of
this improvement shall be approved by the
Transportation Department.
b. Construction of additional pavement along the
North/South Arterial at its intersection with
Hickory Road to provide a three-lane typical
06-559
06/28/06
-"'~''''''''''''''~''~-'''''-------
section (i.e., one (1) northbound lane and two
(2) southbound lan1es). The exact length of
these improvements shall be approved by the
Transportation Department.
(~ .
(1) Construction of additional pavement along
the North/South Arterial at the approved
public road intersection to provide left
and right turn lanes, based on
Transportation Department standards.
(2) Construction of additional pavement along
Hickory Road at each approved public road
intersection, including at the
North/South Ar-terial intersection, to
provide left and right turn lanes, based
on Transportation Department standards.
d. Widening / improving the north side of Hickory
Road to an eleven (11) foot wide travel lane,
measured from the centerline of the existing
pavement, with an additional one (1) foot wide
paved shoulder plus a seven (7) foot wide
unpaved shoulder and overlaying the full width
of Hickory Road with one and one-half (1.5)
inches of compacted bituminous asphalt
concrete, with modifications approved by the
Transportation DE~partrnent, for the entire
property frontage.
e. Prior to recordation of the 281st lot in the
subdivision, the construction of a two-lane
road for the North/South Arterial, based on
VDOT Urban Minor Arterial Standards (50 MPH)
with modifications approved by the
Transportation Department for a point
approximately 650 feet north of Hickory Road
from a distance of approximately 3,350 feet to
the Resource Protection Area (RPA) line along
the northern property line. In addition,
prior to the recordation of the 281st lot in
the subdivision a cash payment of $200.00 per
linear foot shall be provided to Chesterfield
County towards construction of the section of
the North/South Arterial from the northern
terminus of the developer's construction of
the North/South i\rterial to the northern
property line.
f. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way
(or easements) required for the improvements
identified above. (T)
4. Cash
The applicant, subdivider, or assignee(s) shall pay the
following to the County of Chesterfield, prior to the
issuance of a building permit, for infrastructure
improvements within the service district for the
property:
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a. $15,600 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 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 the
as otherwise permitted by
5. Density. The total number of dwelling units shall not
exceed 330. (P)
6. Manufactured Homes.
a. Manufactured homes shall not be permitted on the
Property. (P)
7. The Community Identification Sign shall be similar in
appearance to the photograph entitled Exhibit "A", shall
be of brick construction, and shall have a maximum area
of twenty-five square feet. (P)
8.
The fifty (50') foot buffer required by Ordinance along
Hickory Road shall be maintained in open space. Prior to
the recordation of the ini tial subdivision plat, the
developer shall build a wooden four board fence, as
depicted in the photograph marked Exhibit "B", within
the fifty (50') buffer. Such fence shall run generally
parallel to Hickory Road, along the entire length of the
property frontage. The exact location and design shall
be approved by the Planning Department at the time of
tentative subdivision review. (P)
~
9. HOMEOWNER ASSOCIATION COVENANTS
At a minimum, the following restrictive covenants shall
be recorded prior to, or in conjunction with, the
recordation of a subdivision plat, provided, however,
that references to "Stoney Glen South" shall be modified
as to beginning dates, references the subject property
and may be modified to reference the then current
developer/owner of the subject property.
WIT N E SSE T H ;
.-
WHEREAS, the Developer is the owner of the real property
described in Article II of this Declaration and desires to
create thereon a planned development residential community to
be known as "Stoney Glen South";
WHEREAS, the Developer desires to provide for the
preservation of values and for the maintenance of common
facili ties and services and for a vehicle for the
administration and enforcement of covenants and restrictions;
WHEREAS, the Developer has caused the Association to be
incorporated under the laws of the Commonwealth of Virginia
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for the purpose of exercising the functions aforesaid, and
which are hereinafter more fully set forth;
NOW 'THEREFORE, the Developer declares that the real
property described in Article II, and such additions thereto
as may hereinafter be made pursuant to Article II hereof, is
and shall be held, transferred, sold, conveyed, given,
donated, leased, occupied and used subject to the covenants,
restrictions, conditions, easements, charges, assessments
("Assessments"), affirmative obligations, and liens (all
hereinafter sometimes referred to as ("Covenants")
hereinafter set forth.
ARTICLE I
- .
DEFINITIONS
When used in this Declaration or any supplemental declaration
(unless the context shall clearly indicate otherwise) the
following words and terms shall have the following meanings:
(a) "Association" shall mean and refer to Stoney Glen
South Association, Inc., a Virginia non-profit, non-stock
corporation, its successors and assigns.
(b) "Stoney Glen South" shall mean and refer to the
lands in Chesterfield County, Vir9inia, which are shown as a
part of Stoney Glen South on the Developer's Master Plan as
revised from time to time.
(c) "Developer" shall mean Stoney Glen
Partnership, a Virginia Limi ted Partnership f
and assigns.
South I.Jimited
its successors
(d) The "Properties" shall mean and refer to the
Existing Property described in Article II hereof, and
additions thereto as are subjected to this Declaration or any
Supplementary Declaration under th(? provisions of Article II
hereof.
(e) "Residential Lot" shall tnean any subdivided parcel
of land located within the Properties which parcel is
intended for use as a site for a Single Family Detached
Dwelling as shown upon any recordE~d final subdivision map of
any part of the Properties. No parcel shall, however, be
classified as a Residential Lot for the purpose of
calculating votes or assessments, nor placed upon the
Registration List, until the first day of the quarter of the
year following (I) the date of recording of the Plat in the
Clerk's Office of the Circuit Court of Chesterfield County,
Virginia ("Clerk's Office"), showing such lot, and (ii) the
date of placement of such lot on the Developer's inventory
list of lots available for sale to purchasers.
(f) "Registration List" shall mean and refer to the
official index prepared by the Association of all Residential
Lots wi thin the Properties. The Developer shall submit to
the Association a listing of any parcel or parcels of land
which shall become eligible to be added to the Registration
List no later than one (1) day prior to the commencement of
the quart'8r of the year during which said parcel or parcels
of land shall be classified as a Residential Lot.
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(g) "Family Dwelling Unit" shall mean and refer to any
Single Family Detached Dwelling constructed upon any
Residential Lot located within the Properties.
-
(h) "Owner" shall mean and refer to the Owner as shown
by the real estate records in the Clerk's Office, whether it
be one (1) or more persons, firms, associations,
corporations, or other legal entities, of fee simple title to
any Residential Lot or parcel of land situated upon the
Properties but, notwithstanding any applicable theory of a
deed of trust, shall not mean or refer to the mortgagee or
holder of a deed of trust, its successors or assigns, unless
and until such mortgagee or holder of a deed of trust has
acquired ti tIe pursuant to foreclosure or a proceeding or
deed in lieu of foreclosure; nor shall the term "Owner" mean
or refer to any lessee or Tenant of an Owner. In the event
that there is recorded in the Clerk's Office a long-term
contract of sale covering any Lot or parcel of land wi thin
the Properties, the Owner of such Residential Lot or parcel
of land shall be the Purchaser under said contract and not
the fee simple title holder. A long-term contract of sale
shall be one where the Purchaser is required to make payments
for the Property for a period extending beyond nine (9)
months from the date of the contract and where the Purchaser
does not receive title to the Property until all such
payments are made, although the Purchaser is given the use of
said Property.
(i) "Tenant" shall mean and refer to the lessee under a
written agreement for the rent and hire of a Family Dwelling
Unit in Stoney Glen South..
(j) "Member" shall mean and refer to all those Owners
who are Members of the Association as defined in Section 1 of
Article III.
(k) "Master Plan" shall mean and refer to the drawing
which represents the conceptual plan for the future
development of Stoney Glen South. Since the concept of the
future development of Stoney Glen South is subject to
continuing revision and change by the Developer, present and
future references to the "Master Plan" shall be references to
the latest revision thereof.
(1) "Intended for Use" shall mean the use intended for
various parcels within the Properties as shown on the Master
Plan or the use to which any particular parcel of land is
restricted by covenants expressly set forth or incorporated
by reference in deeds by which the Developer has conveyed the
property.
(m) "Common Properties" shall mean and refer to those
tracts of land with any improvements thereon which are deeded
or leased to the Association and designated in said deed or
lease as "Common Properties" and any personal property
acquired or leased by the Association if said property is
designated a "Common Property". All Common Properties are to
be devoted to and intended for the common use and enjoyment
of the Members of the Association, their guests, Tenants (to
the extent permitted by the Board of Directors of the
Association), and visiting members of the general public (to
the extent permitted by the Board of Directors of the
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Association) subject to the fee schedules and operating rules
adopted by the Association, provided, however, that any lands
or personal property which are leased by the Association for
use as Comnon Properties shall lose their character as Common
Properties upon expiration of such lease.
(n) "Intended Common Property" shall mean and refer to
those tracts of land and any improvements thereon committed
to the Association through express, written notification by
the Developer to the Association of intent to convey said
property to the Association as a Common Property.
(0) "Referendum" shall mean and refer to the power of
all or some specific portion of the Members to vote by mailed
ballots on certain actions by thE! Board of Directors of the
Association more particularly set forth herein. In the event
fifty-one (51%) percent of the votes actually returned to the
Association within the specified time shall be in favor of
such action, the Referendum shall be deemed to "pass" and the
action voted upon will be deemed to have been authorized by
the Members, provided, however, that if a higher percentage
required to "pass" shall be specifically expressed herein,
that higher percentage shall control in that instance.
(p) "Clerk's Office" shall mean and refer to the office
of the Clerk of the Circuit Cou.rt of Chesterfield County,
Virginia.
AR'rICLE II
EXISTING PROPERTY AND ADDITIONS
Section 1. Existing Property. The
which is and shall be held, transferred,
given, donated, leased, occupied. and used
Covenants is described as follows:
real property
sold, conveyed,
subj ect to these
All that tract or parcel of land, situate, lying and being in
Chesterfield County, Virginia, which is more particularly
described in Exhibit "A" attachE:.d hereto and by specific
reference made a part hereof.
All of the real property hereinabove described shall
sometimes be referred to herein as the "Existing Property".
The Developer intends to develop the Existing Property in
accordance wi th a Master plan placed on di splay in certain
model homes and other areas. 'I'he Developer reserves the
right to review and modify the Master plan at its sole option
from timE! to time based upon its continuing research and
design program. The Master Plan shall not bind the Developer
to adhere to the Master Plan in the development of the land
shown thereon. Subject to its right to modify the Master
Plan as stated herein, the Developer shall convey to the
Association certain properties designated for such conveyance
in Article IV, section 4 of this Declaration, and, in
addition, may at its option convey to the Association as
provided in Article IV such of those parcels of land
designated on the Master Plan as properties which may be
transferred to the Association. as, in the reasonable
exercise of its discretion, it so chooses without regard to
the relative location of such portions or sections within the
overall Plan. Once conveyed to the Association, these
properties shall become Common Properties. The Developer
06.-564
06/28/06
shall not be required to follow any predetermined sequence or
order of improvements and development and may bring within
the plan of these covenants additional lands, and develop the
same before completing the development of the Existing
Property. Other than as stated in this paragraph, the
Developer shall have full power to add to, subtract from, or
make changes in the Master Plan regardless of the fact that
such actions may alter the relative maximum potential voting
strength of the various types of membership of the
Association.
Section 2. Additions to
Addi tional lands may become subj ect
the following manner:
Existing Property.
to this Declaration in
(a) Additions. During the period of development,
which shall by definition extend from the date hereof to
January 1, 1999, the Developer shall have the right, without
further consent of the Association, to bring within the Plan
and operation of this Declaration, additional acreage
adjacent to or near Stoney Glen South owned or acquired by
the Developer during the period of development. Such
property may be subjected to this Declaration as one parcel
or as several smaller parcels at one time or at different
times. The additions of such property authorized under this
paragraph may increase the cumulative maximum number of
Residential Lots authorized in the Properties by the Zoning
Ordinance of the County of Chesterfield, Virginia, and,
therefore, may alter the relative maximum potential voting
strength of the various types of membership of the
Association.
The additions authorized under this and the succeeding
subsection shall be made by recording a Supplementary
Declaration of Covenants and Restriction with respect to the
additional property which shall extend the operation and
effect of the Covenants to such additional property. The
Supplementary Declaration may contain such complementary
additions and/or modifications of the Covenants as may be
necessary or convenient, in the sole judgment of the
Developer, to reflect the different character, if any, of the
added properties and as are not inconsistent with the plan of
this Declaration, but such modifications shall have no effect
upon the Property described in Section 1, Article II above,
or upon any other prior additions to the Properties.
-
(b) Other Additions. Upon approval in writing of the
Association pursuant to a simple majority of the vote of
those present at a duly called meeting, the owner of any
property who desires to add such property to the plan and
operation of this Declaration and to subject it to the
jurisdiction of the Association shall record a Supplementary
Declaration of Covenants and Restrictions with respect to the
additional property which shall extend the operation and
effect of these Covenants to such additional property. The
additions of such property authorized under this subparagraph
may increase the cumulative maximum number of Residential
Lots authorized in the Properties by the Zoning Ordinance of
the County of Chesterfield, Virginia, and, therefore, may
alter the relative maximum potential voting strength of the
various types of membership of the Association.
06-565
06/28/06
The Supplementary Declaration may contain such
complementary additions and/or modifications of the Covenants
as may be necessary or convenient, in the judgment of the
Association, to reflect the different character, if any, of
the added properties and as are not inconsistent with the
plan of this Declaration, but sucb modifications shall have
no effect upon the Property described ln Section 1, Article
II above, or upon any other pr additions to the
Properties.
(c) ]Y1ergers. Upon merger or consolidation of the
Association with another association, as provided for in the
By-Laws of the Association, its property, rights and
obligations may, by operation of law, be transferred to
another surviving or consolidated association, or in the
alternative, the properties, rights and obligations of
another association may, by operation of law, be added to the
properties, rights and obligations of the Association as a
surviving corporation pursuant to a merger. The surviving or
consolidated association may administer the Existing
Property, together with the covenants established upon any
other properties, as one plan. No merger or consolidation
shall effect any revocation, change, or addition to the
Covenants within the Existing Property, including, \vithout
limitation, the maximum limits on Assessments and dues of the
Association, or any other matter substantially affecting the
interests of Members of the Association.
(d) Additional lands which become subject this
Declaration under the provisions of this Section II may in
the futurE= be referred to as a part of Stoney Glen South.
Also, the name Stoney Glen South may be used by the Developer
to refer to other nearby properties not subject to this
Declaration.
ARTICLE III
MEMBERSHIP AND VOTING RIGH'rS IN THE ASSOCIATION
Section 1. Membership. The Developer, every
Owner, and any creditor who acquires title to the Properties
or any portion thereof pursuant to foreclosure or any other
proceeding or deed in lieu of foreclosure shall be Members of
the Association. The Association may issue to each Member a
membership card which shall expire upon sale by an Owner of
his property in Stoney Glen South. Tenants shall not be
Members of the Association. Every Owner shall be required to
submit the name(s) of his Tenant(s) and the duration of their
tenancy to the Secretary of the Association.
Section 2. Voting Rights. The Association shall
have the following types of membership:
TYPE "A": Type "A"
including the Developer,
enti tIed to one (1) votE!
Member owns.
Members shall be all Owners,
of Residential Lots, and shall be
for each Residential Lot which a
TYPE "B": The Type !lIB" Member shall be the Developer,
which shall be entitled to elect a portion of the Board of
Directors as set out in Section 4 of this Article III.
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Payment of Special Assessments shall not entitle Type
"An Members to additional votes.
.~
When any Property entitling the Owner to membership as a
Type nAil Member of the Association is owned of record in the
name of two (2) or more persons or entities, whether
fiduciaries, joint tenants, tenants in common, tenants in
partnership or in any other manner of joint or common
ownership, or if two (2) or more persons or entities have the
same fiduciary relationship respecting the same Property,
then unless the instrument or order appointing them or
creating the tenancy otherwise directs and it or a copy
thereof is filed with the Secretary of the Association, their
acts with respect to voting shall have the following effect:
(1) if only one (1) votes, in person or by proxy, his
act shall bind all;
(2) if more than one (1) vote, in person or by proxy,
each fraction shall be entitled to its proportionate share of
the vote or votes.
The principles of this paragraph shall apply, insofar as
possible, to execution of proxies, waivers, consents or
objections, and for the purpose of ascertaining the presence
of a quorum.
Section 3. Governance. The Association shall be
governed by a Board of Directors consisting of three (3),
fi ve (5), seven (7), or nine (9) Members. The number and
term of such Directors is to be determined in accordance with
the provisions of the Articles of Incorporation of the
Association. Except as may be otherwise provided in the
Articles of Incorporation, there shall be two (2) classes of
Directors: Class I Directors, who shall be elected by the
Type "A" Members, and Class II Directors, who shall be
elected by the Type "B" Member. The Board of Directors shall
have the power to provide for staggered election of the Class
I Directors in accordance with the provisions of the Articles
of Incorporation.
Section 4.
Election of The Board of Directors.
(a) Each Type "A" Member may cast the total number of
votes to which he is entitled for each vacancy to be filled
by a Class I Director. Cumulative voting shall not be
allowed.
(b) The Type "A" Members shall elect the Class I
Director(s), and the Type "B" Member shall elect the Class II
Director(s) according to the following formula:
-
(1) At any time that the total number of Residential
Lots placed on the Registration List of the
Association is less than eighty (80%) percent of
the maximum number of Residential Lots authorized
in the Properties by the Zoning Ordinance of the
County of Chesterfield, Virginia, the majority of
the Board of Directors (fifty-one (51%) percent of
the total number of Directors, rounded to the
nearest whole number) shall be the Class II
Directors and shall be elected by the Type "B"
Member. The remaining Directors shall be the Class
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06/28/06
I Director(s) and shall be elected by the Type "A"
Members.
(2) At any time that the total number of Residential
Lots placed on the RE!gistration List of the
Association is equal to or greater than eighty
(80%) percent of the maximum number of Residential
Lots authorized in the Properties by the Zoning
Ordinance of the County of Chesterfield, Virginia,
the majority of t.he Board of Directors (fifty-one
(51%) percent of the total number of Directors,
rounded to the nearest whole number) shall be the
Class I Directors and shall be elected by the Type
"A" MembE~rs. The remaining Directors shall be the
Class II Director (s) and shall be elected by the
Type "B" Member.
(3) For the purposes of this formula, the total number
of Residential Lots placed on the Registration List
of the Association and the maximum number of
Residential Lots authorized in the Properties shall
be determined by the Board of Directors as of the
date on which notice of the meeting of the Members
at which the Board of Din~ctors is to be elected is
mailed.
Section 5. Members to HaVE~ Power of Referendum in
Certain Instances. Where specifically provided for herein,
the Members, or some specific portion thereof, shall have the
power to approve or rej ect certain actions proposed to be
taken by the Association by Referendum. In the event fifty-
one (51%) percent or more of the votes actually returned to
the Association within the specified time shall be in favor
of such action, the Referendum shall be deemed to "pass" and
the action voted upon will be deemed to have been authorized
by the Members; provided, however, that if a higher
percentage vote required to "pass" shall be specifically
expressed herein, that higher percentage shall control in
that instance. The Board of Directors may not undertake any
action requiring a Referendum wi thout complying with the
provisions hereof. At any time that the Type "A" Members
have the ability to elect a majority of the Board of
Directors, the Members may require a Referendum on any action
of the Board of Directors by presenting to the Secretary of
the Board within thirty (30) days of the taking of such
action or ratification by the Board of its intent to take
such action a petition signed by not less than forty (40%)
percent of the Members.
Section 6. Quorum Required for Any Action Authorized
at Regular or SpE~cial Meetings of the Association. The
quorum required for any action which is subject to a vote of
the Members at an open meeting of the Association (as
distinguished from the Referendum) shall be as follows:
(a) The first time a meeting of the Members of the
Association is called to vote on (i) an increase in the
Maximum Regular Annual Assessment <;Treater than that provided
for by subparagraph (e) of Section 3 of Article V hereof,
(ii) a Special Assessment as provided for by Section 4 of
Article V hereof, (iii) the gi ft or sale of any parcel of
land and improvements thereon designated as a Common Property
as provided for by subparagraph (f) of Section 3 of Article
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IV hereof, (iv) an amendment to this Declaration as provided
for by Section 2 of Article VIII hereof, or (v) the
termination of this Declaration as provided for by Section 1
of Article VIII hereof, the presence at the meeting of
Members or proxies entitled to cast sixty (60%) percent of
the total vote of the Membership required for such action
shall constitute a quorum.
.-
(b) The first time a meeting of the Members of the
Association is called to vote on any action proposed to be
taken by the Association, other than that described in
subparagraph (a) above, the presence at the meeting of
Members or proxies entitled to cast thirty (30%) percent of
the total vote of the Membership required for such action
shall constitute a quorum.
If the required quorum is not present at any
meeting described in subparagraphs (a) or (b) above, with the
exception of any meeting called to vote on the termination of
this Declaration described in subparagraph (a(v)) above,
another meeting or meetings may be called subj ect to the
gi ving of proper notice and the required quorum at such
subsequent meeting or meetings shall be one-half (~) of the
required quorum at the preceding meeting.
<~
Unless otherwise provided, any reference hereafter
to "votes cast at a duly called meeting" shall be construed
to be subject to the quorum requirements established by this
Article III, Section 6, and any other requirements for such
"duly called meeting" which may be established by the By-Laws
of the Association. For the purpose of this section, "proper
notice" shall be deemed to be given when given each Member
not less than thirty (30) days prior to the date of the
meeting at which any proposed action is to be considered.
Section 7. Proxies. All Members of the Association
may vote and transact business at any meeting of the
Association by proxy authori zed in wri ting, provided,
however, that Proxies shall not be required for any action
which is subject to a Referendum, in which case the votes of
all the Members polled shall be made by specifically provided
ballots mailed or delivered to the Association.
-
Section 8. Ballots by Mail. When required by the
Board of Directors, there shall be sent with notices of
regular or special meetings of the Association a statement of
certain motions to be introduced for vote of the Members and
a ballot on which each Member may vote for or against each
such motion. Each ballot which is presented at such meeting
shall be counted in calculating the quorum requirements set
out in Section 6 of this Article III, provided, however, such
ballots shall not be counted in determining whether a quorum
is present to vote upon motions not appearing on the ballot.
ARTICLE IV
PROPERTY RIGHTS IN THE COMMON PROPERTIES
Section 1. Members' Easements of Enj oyment in Common
Properties. Subj ect to the provisions of these Covenants,
the rules and regulations of the Association, and any fees or
charges established by the Association, every Type "A" and
"B" Member, and every guest of such Type "A" and "B" Member,
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06/28/06
shall have a right of easement of enjoyment in and to the
Common Properties, and such easement shall be appurtenant to
and shall pass with the title of every Residential Lot.
Employees of the Type "B" Merrber shall have access to
and enj oyment of the Common Properties subj ect to rules and
regulations and user fees established by the Board of
Directors.
A Member's spouse, parents, and children who reside with
such Member in Stoney Glen South shall have the same easement
of enjoyment hereunder as a Member.
In those instances where a Residential Lot in Stoney
Glen South is ownE!d by two (2) or more persons (who do not
have the relationship of spouse, parent, or child, one to the
other) or by a. corporation, such joint Owners and
corporations shall annually appoint one (1) person as the
"Primary Member." Such Primary Member shall have the same
easement of enjoyment in the Common Properties as Members who
own such property singularly. The remaining joint members and
the principal officers of such corporation shall be entitled
to an easement of !enjoyment in the Common Properties by:
(1) Paying the same user fees as guest of Members, or
(2) By paying to the Association annually an amount
equal to the Annual Assessment charged against the property
in which he or she owns a fractional interest. The payment
of such amount sha.l1 not entitle such remaining joint members
or principal officers to additional votes in the Association.
The Boa.rd of Directors may grant certain Tenants and
guests access to and enjoyment of the Common Properties
subject to rules and regulations and user fees fees
established by thE! Board of Directors.
Section 2. Title to Common Properties. (a) The
Developer covenants that it shall convey by deed to the
Association, at no cost to the Association, and subject to
(i) all restrictions and 1im=- tations imposed by the
Declaration of Rights, Restrictions, Affirmative Obligations
and Conditions Applicable to All Property in Stoney Glen
South ("General Property Covenants") recorded simultaneously
herewith, including, without limitation, all rights of
easement and rights of entry reserved unto the Developer, its
successors and assigns in said Declaration, (ii) all other
restrictions and limitations of record at the time of
conveyance, (iii) any restrictions, limitations, conditions,
or determinations as to the purposes and uses of the conveyed
properties as stipulated in said deed, (iv) any commitments
by the Developer to construct cert.ain improvements thereon as
stipulated in sa.id deed, those intended Common Properties
described in Section 4 of this Article IV hereof, and any
other parcels of land and any improvements thereon now or
hereafter designa.ted as Intended Common properties, and, upon
such conveyance, such parcels of land and any improvements
thereon sha.l1 become Common Properties.
(b) The Association shall not object to the designation
by the Developer of any parcel of land or any improvements
thereon as an Intended Cormnon Property and shall not refuse
to accept any Intended Cormnon Property as a Common Property
06-570
06/28/06
at such time as the Developer, in its sole and uncontrolled
discretion, deems it advisable to convey such property to the
Association.
,~
(c) Upon designation by the Developer of any parcel of
land and any improvements thereon as an Intended Common
Property, or upon conveyance of any parcel of land and any
improvements thereon as a Common Property by the Developer,
the Association shall immediately become responsible for all
maintenance and operation of said property, and for such
additional construction of improvements thereon as may be
authorized by the Association's Board of Directors, subj ect
to the General Property Covenants. It is the purpose of this
provision to provide that the Association shall be
responsible for all maintenance and operation of all Common
Properties and Intended Common Properties, notwithstanding
the fact that (i) the Developer shall convey such Intended
Common Properties to the Association until such time as the
Developer, in its sole and uncontrolled discretion deems it
advisable to do so, subject to the provisions of Section 4 of
this Article IV, and (ii) the Developer may elect in its sole
and uncontrolled discretion to operate certain facilities
wi thin Intended Common Properties until such time as said
facilities are actually conveyed to the Association.
-
(d) Notwithstanding anything in the foregoing to the
contrary, the Developer hereby reserves the right to enter
upon any Intended Common Property or Common Property for the
purposes of constructing indoor and outdoor community
facilities thereon, including, but not limited to, basketball
courts, playgrounds, ball fields, gazebos, picnic shelters,
picnic tables, parks, walking trails and bike trails. The
provisions of this paragraph shall in no way create any
obligation on the part of the Developer to construct any such
facilities on said properties.
(e) Natural areas, trail areas, etc. may be designated
from time to time as Intended Common Properties, and shall be
conveyed in large or small parcels from time to time after
the Developer has completed surveying and platting all
adjacent subdivisions for Residential Lots which may abut
such natural areas, trail areas, etc.
(f) The Developer shall not be required to convey the
above referred to parcels where such conveyance would be
prohibited under agreements existing on the date hereof, but,
in such case, shall be allowed to postpone such conveyance,
without penalty, until such time a said prohibition may be
nullified.
-
Section 3. Extent of Members' Easements. The rights
and easements of enjoyment created hereby shall be subject to
the following:
(a) the right of the Association, in accordance with
its By-Laws, to borrow money from the Developer or any lender
to improve and/or maintain the Common Properties and provide
services authorized herein and in aid thereof to mortgage
said Properties provided, however, that any such mortgage is
with the prior consent of two-thirds of the Members of the
Association, which consent may be evidenced by petition or by
an affirmative vote at a duly called meeting of the
Association;
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06/28/06
(b) the right of the Association to take such steps as
are reasonably necessary to protect the above-described
properties against foreclosures;
(c) the right of the Association to suspend the rights
and easements of enjoyment of any lvIember or Tenant or guest
of any Member for any period during which the payment of any
Assessment against property owned by such Member remains
delinquent, and for any period not to exceed sixty (60) days
for any infraction of its published rules and regulations, it
being understood that any suspension for either non-payment
of any Assessment or a breach of the rules and regulations of
the Association shall not constitut~e a waiver or discharge of
the Hember's obligations to pay the Assessment;
(d) the right of the Association to charge reasonable
admission and other fees for the use of recreational
facilities and services of the Common Properties;
(e) the right of the Developer or the Association by
its Board of Directors to dedicate or transfer to any public
or private utility drainage or utility easements on any part
of the Common properties;
(f) the right of the Association to give or sell all or
any part of the Common Properties, including lease-hold
interests, subj ect to (i) the Zoning Ordinance of County of
Chesterfield, Virginia, (ii) the limitations and restrictions
imposed by the General Property Covenants, and (iii) all
other restrictions and limitations of record at the time of
conveyance, to any public agency, authority, public service
district, utility, or private concern for such purposes and
subject to such conditions as may be agreed to by the
Members, provided, however, that no such gift or sale of any
parcel of land and improvements thereon, or determination as
to the purposes or as to the conditions thereof, shall be
effective unless such dedication, transfers, and
determinations as to purposes and conditions shall be
authorized by the affirmative votE! of three-fourths (3/4) of
the votes cast at a duly called meeting of the Association,
subject to the quorum requirements established by Article
III, Section 6(a), and unless written notice of the meeting
and of the proposed agreement and action thereunder is sent
to every Member of the Association at least thirty (30) days
prior to such meeting. A trUE! copy of such resolution
together with a certificate of the results of the vote taken
thereon shall be made and acknowledged by the President or
Vice President and Secretary or Assistant Secretary of the
Association and such certification shall be annexed to any
instrument of dedication or transfer of any parcel of land
and improvements thereon affecting the Common Properties
prior to the recording thereof. Such certificates shall be
conclusive evidence of authorization by the J'iembers. The
gift or sale of any personal property owned by the
Association shall be determined by the Board of Directors in
its sole and uncontrolled discretion; and
(h) the rights of reversion of the Lessor of any Common
Properties leased by the Association.
Section 4.
prior to January
The Developer hereby covenants that,
1, 1999, it shall convey by deed to the
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Association, at no cost to the Association, and subject to
all the restrictions and limitations of these Covenants and
any other restrictions and limitations of record, any parcel
of land and any improvements thereon designated from the date
hereof until January 1, 1999, as an Intended Common Property
through express, written notification by the Developer to the
Association of intent to convey said property to the
Association.
-
ARTICLE V
COVENANTS FOR ASSESSMENTS
-
Section 1. Creation of the Lien and Personal
Obligation of Assessments. The Developer covenants, and each
Owner of any Residential Lot located wi thin the Properties,
whether or not it shall be so expressed in any deed or other
conveyance, shall be deemed to covenant and agree to all the
terms and provisions of this Declaration and to pay to the
Association: (a) Annual Assessments or charges; and (b)
Special Assessments or charges for the purposes set forth in
this Article, such Assessments to be fixed, established and
collected from time to time as hereinafter provided. The
Annual and Special Assessments, together wi th such interest
thereon and costs of collection thereof including a
reasonable attorney's fee as hereinafter provided, shall be a
charge and continuing lien on the real property and
improvements thereon against which each such Assessment is
made. Each such Assessment, together with such interest
thereon and cost of collection thereof including a reasonable
attorney's fee as hereinafter provided, shall also be the
personal obligation of the person who was the Owner of such
real property at the time when the Assessment first became
due and payable. In the case of co-ownership of a
Residential Lot, all co-Owners shall be jointly and severally
liable for the entire amount of the Assessment.
Section 2. Purpose of Assessments. The Annual
Assessments shall be used exclusively for the improvement,
maintenance, enhancement, enlargement, and operation of the
Common Properties and Intended Common Properties, and to
provide services which the Association is authorized to
provide.
-~
Section 3. Application of "Maximum" Assessment. The
Maximum Regular Annual Assessment, as set forth in
subparagraph (a) hereinbelow, and as is automatically
increased annually by an inflation adjuster pursuant to the
provisions of subparagraph (3) below, shall be levied by the
Association. If, however, the Board of Directors of the
Association, by majority vote, determines that the important
and essential functions of the Association may be properly
funded by an Assessment less than the Maximum Regular Annual
Assessment, it may levy such lesser Assessment; provided,
however, so long as the Developer is engaged in the
development of Properties which are subject to the terms of
this Declaration, the Association may not reduce Assessments
below those set out in Section 3(a) immediately below without
the written consent of the Developer. The levy of an
Assessment less than the Maximum Regular Annual Assessment in
one (1) year shall not affect the Board's right to levy an
Annual Assessment equal to the Maximum Regular Annual
Assessment in subsequent years.
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If the Board of Directors shall levy less than the
Maximum Regular Annual Assessment for any Assessment year,
such Annual Assessment shall automatically be greater than
the Annual Assessment levied for thE~ previous Assessment year
by a percentage equal to the inflation adjuster set out in
subparagraph (e) below; provided, however, that the Board of
Directors may, by majority vote, levy a greater or lesser
Assessment if it shall determine that the important and
essential functions of the Association will be properly
funded by such greater or lesser Assessment.
If the Board of Directors shall levy less than the
Maximum Regular Annual Assessment for any Assessment year and
thereafter, during such Assessment year, determine that the
important and essential function of the Association cannot be
funded by such lesser Assessment, the Board may, by majority
vote, levy a Supplement Assessment. In no event shall the
sum of the initial and Supplemental Annual Assessments for
that year exceed the applicable Maximum Regular Annual
Assessment.
If the Board of the Association determines that the
important and essential functions of the Association will not
be properly funded in anyone (1) year, or in anyone (1)
year and all subsequent years, without an increase in the
Maximum Regular Annual Assessment, it may request approval of
a specified increase in the Maximum Regular Annual Assessment
for either one (1) year only, or for that one (1) year and
all subsequent years, by the vote of the Members at a duly
called meeting of the Association, subject to the quorum
requirements established by Article III, Section 6 (a) .
Should the Members vote in favor of such proposed increase,
it shall be deemed approved and may be levied by the Board.
An increase in the Maximum Regular Annual Assessment for one
(1) year only pursuant to the provisions hereof shall in no
way affect the Maximum Regular Annual Assessment for
subsequent years or increases thereof in subsequent years.
(a) From and after Janua):-y 1, 1988, the Maximum
Regular Annual ;~ssessment shall be one hundred twenty
($120.00) dollars per Residential Lot, automatically
increased each year thereafter by the inflation adjuster set
forth in Section 3(e) of this Article.
(b) Property shall not be classified for purposes of
these Covenants and these Annual Assessments as a Residential
Lot until the first day of the quarter of the year following
(i) the date of recording of the Plat in the Clerk's Office
showing such lot, and (ii) the date of placement of such lot
on the Developer's inventory list of lots available for sale
to purchasers;
(c) Assessments shall be billed on such basis as may be
determined by the Board of Directors. The billing schedule
shall be the same for all Properties. All Assessment bills
shall be due and payable ninety (90), thirty (30), or fifteen
(15) days from the date of mailing of same as determined by
the Board of Directors, provided, however, that if the Board
of Directors elects to utilize a Billing Agent, the Billing
Agent shall set the date on which Assessment bills shall be
due and payable.
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-
(d) The Board of Directors may authorize a Billing
Agent to collect the Assessments. If the Board of Directors
elects to sue a bank card or credit card service as such
Billing Agent, the Board of Directors shall have the power to
authorize the opening of a credit card account in the name of
each Owner and the issuance of a credit card to each Owner
for the payment of Assessments, subj ect to approval of the
credit card service, and each such Owner shall be required to
utilize the approved credit card account for payment of
Assessments.
(e) From and after January 1, 2008, the Maximum Regular
Annual Assessment shall be automatically increased each year
by the percentage increase between first and last months of
the thirteen (13) month period terminating at the end of the
third (3rd) quarter of the previous year in the Consumer
Price Index, U.S. City Average, All Items (1967-100)
("C.P.I.") issued by the U.S. Bureau of Labor Statistics in
its monthly report entitled "The Consumer Price Index, U.S.
Ci ty Average and Selected Areas" . If the C. P. I. is
discontinued, then there shall be used the most similar index
published by the United States Government that may be
procured indicating changes in the cost of living.
Section 4. Special Assessments for Improvements and
Additions. In addition to the Maximum Regular Annual
Assessments authorized by Section 3 hereof, the Association
may levy Special Assessments for the following purposes:
(a) construction, reconstruction, repair, or
replacement of capital improvements upon the Common
Properties or Intended Common Properties, including the
necessary fixtures and personal property related thereto:
(b) additions to the Common Properties;
(c) to provide necessary facilities and equipment to
offer the services authorized herein; or
(d) to repay any loan made to the Association to enable
it to perform the duties and functions authorized herein.
-
Such Special Assessment, before being charged, must have
received the approval of the Members of the Association by
the favorable vote of seventy-five (75%) percent of the votes
cast at a duly called meeting of the Association, subject to
the quorum requirements established by Article III, Section
6(a). The notice of such meeting shall include one (1)
statement from those Directors favoring the Special
Assessment and one (1) statement from those Directors
opposing the Special Assessment, if any, containing the
reasons for those Directors' support and opposition for the
Assessment. Neither statement shall exceed five (5) pages in
length.
This provision shall be interpreted to mean that the
Association may make in anyone (1) year an Annual Assessment
up to the maximum set forth in Section 3 of this Article V,
plus an additional Special Assessment. Such Special
Assessment in anyone (1) year may not exceed a sum equal to
the amount of the Maximum Regular Annual Assessment for such
year except for emergency or repairs required as a result of
storm, fire, natural disaster, or other casualty loss. The
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06/28/06
fact that the Association has made an Annual Assessment for
an amount up to the Maximum Regular Annual Assessment shall
not affect its right to make a Special Assessment during the
year.
Section 5. Reserve Funds. The Association may
establish reserve funds to be held in reserve in an interest
drawing account or investments as a reserve for:
(a) major rehabilitation or major repairs;
(b) emergency and other repairs required as a result of
storm, fire, natural disaster, or other casualty loss; and
(c) initial costs of any new service to be performed by
the Association.
Section 6. Change in Maximum Amounts of Annual
Assessments Upon Merger or Consolidation. The limitations of
Section 3 hereof shall apply to any merger or consolidation
in which the Association participatE?s.
Section 7. Date
Assessments, Due Date.
foregoing to the contrary,
for herein shall commence no
initial Annual Assessment on
shall be prorated to reflect
the initial Assessment year..
of Commencement of Annual
Notwit.hstanding anything in the
the Annual Assessments provided
earlier than January, 2008. The
the actual Date of Commencement
the remaining full quarters of
Section 8. Duties of the Board of Directors. The
Board of Directors shall fix the amount of the Annual
Assessment and shall direct the preparation of an index of
all Residential Lots on t.he Registration List and Annual
Assessments and Special Assessments applicable thereto, which
shall be kept in the Office of the Association and which
shall be open to inspection by any Member. Written notice of
Assessment shall thereupon be sent to every Member subject
thereto.
The Association shall upon demand at any time furnish to
any Owner liable for said Assessments a certificate in
writing signed by an Officer of the Association, setting
forth whether said Assessments have been paid. Such
certificate shall be conclusive evidence against all but the
Owner of payment of any Assessment therein stated to have
been paid. If the Board of Directors authorizes a Billing
Agent to collect Assessments, t.hE~ certificate of the said
Billing Agent shall be conclusive evidence against all but
the Owner of payment of any Assessment therein stated to have
been paid,
Section 9. Effect of Non-Payment of Assessment: The
Personal Obligation of the Owner; the Lien; Remedies of
Association. If the Annual Assessment or any Special
Assessment is not paid wi thin thirty (30) days of the due
date thereof, then such AssessmEmt shall become delinquent
and shall (together with interest t.hereon at the maximum
annual rate permitted by law from the due date and costs of
collection thereof including a reasonable attorney's fee)
become a charge and continuing 1 ien on the land and all
improvements thereon against which each such Assessment is
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06/28/06
made, in the hands of the then Owner, his heirs, devisees,
personal representatives, and assigns.
-
If the Assessment is not paid within sixty (60) days
after the due date, the Association may bring an action at
law against the Owner personally and there shall be added to
the amount of such Assessment the costs of preparing the
filing of the Complaint in such action and a reasonable
attorney's fee. In the event a judgment is obtained, such
judgment shall include interest on the Assessment as above
provided and a reasonable attorney's fee together with the
costs of the action.
If the Board of Directors of the Association elects to
utilize a Billing Agent to collect Assessments, interest
which shall accrue on past-due sums shall be the maximum
interest rate which such agent may lawfully charge.
Section 10. Subordination of the Lien. The Lien of
the Assessments provided for herein shall be subordinate to
the lien of any first deed of trust now or hereafter placed
upon any Properties subj ect to Assessment, and in addition,
shall be subordinate to the lien of the cost of corrective
action provided for in the General Property Covenants. In
the event a creditor acquires title to any Property subject
to Assessment pursuant to foreclosure or any other proceeding
or deed in lieu of foreclosure, said creditor shall be
subject to Assessment.
-
Section 11. Annual Statements. The President,
Treasurer, or such other Officer as may have custody of the
funds of the Association shall annually, within ninety (90)
days after the close of the fiscal year of the Association,
prepare and execute under oath a general itemized statement
showing the actual assets and liabilities of the Association
at the close of such fiscal year, and a statement of
revenues, costs and expenses. It shall be necessary to set
out in the statement the name of any creditor of the
Association owed more than One Thousand and no/lOO
($1,000.00) Dollars. Such Officer shall furnish to each
Member of the Association who may make a wri tten request
therefor, a copy of such statement, within thirty (30) days
after receipt of such request. Such copy may be furnished to
the Member either in person or by mail.
Section 12. Annual Budget. The Board of Directors
shall prepare and make available to all Members, at least
sixty (60) days prior to the first day of each fiscal year, a
budget outlining anticipated receipts and expenses for such
fiscal year. The financial books of the Association shall be
available for inspection by all Members at all reasonable
time
-
ARTICLE VI
FUNCTIONS OF ASSOCIATION
Section 1. Ownership and Maintenance of Properties.
The Association shall be authorized to own and/or maintain
Common Properties, Intended Common Properties, equipment
furnishings, and improvements devoted to the following uses:
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(a) for roads, roadways, roadway medians and parkways
along said roads or roadways, cul-de-sac islands, and
neighborhood or other area entrances throughout the
Properties;
(b) for sidewalks, walking paths or trails, and bicycle
paths through the Properties;
(c) for neighborhood entrance signs, directional signs,
and other area signs;
(d) for security services;
(e) for buildings used in maintenance functions;
(f) for
Association is
Article VI;
providing any of the services which
authorized to offer under Section 2 of
the
this
(g) for
Properties are
such purposes
Association as
purposes set out in deeds by which Common
conveyed to the Association, provided that
shall be approved by the Members of the
set out in section 4 of this Article VI; and
(h) for indoor and outdoor community facilities,
including, but not limited to, basketball courts,
playgrounds, ball fields, gazebos, picnic shel ters, picnic
tables, parks, walking trails and bike trails.
Section 2. Services. The Association shall be
authorized but not required, except as specified in Section 3
of this Article VI, to provide the following services:
(a) cleanup and maintenance of all roads, roadways,
roadway medians, parkways, cul-de-sac islands, neighborhood
and other area entrances, streams, parks, sidewalks, walking
trails, bike trails, Common Properties, Intended Common
Properties, and Open Space Areas within the properties, and
also all public properties which are located wi thin or in a
reasonable proximity to the Properties such that their
deterioration would affect the appearance of the Properties
as a whole;
(b) landscaping and beautification of roads, roadways,
roadway medians, parkways, cu1-de--sac islands, neighborhoods
and other area entrances, streams, parks, sidewalks, walking
paths, bike trails, Common Properties, Intended Common
Properties, and Open Space Areas;
(c) maintenance of neighborhood
directional signs, and other area signs;
entrance
signs,
(d) lighting of roads, side.walks, walking paths, bike
trails, parking lots, and any recreational and community
facilities located within the Properties;
(e) security, including, but not limited to, the
employment of security guards for the protection of persons
and property within the Existing Property, and assistance in
the apprehension and prosecution of persons who violate the
laws of the State of Virginia or the County of Chesterfield,
virginia, within the Properties;
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06/28/06
(f) garbage and trash collection and disposal;
(g) insect and pest control to the extent that it is
necessary or desirable in the judgment of the Board of
Directors of the Association to supplement the service
provided by the state and local governments;
-
(h) the services necessary or desirable in the judgment
of the Board of Directors of the Association to carry out the
Associations obligations and business under the terms of this
document;
(i) to take any and all actions necessary to enforce
all Covenants and Restrictions affecting the Properties and
to perform any of the functions or services delegated to the
Association in any Covenants or Restrictions applicable to
the Properties;
(j) to set up and operate an Architectural Review Board
in the event that the Association is designated by the
Developer as the agent or the assign of the Developer for
such purpose, pursuant to the provisions of Article VII;
(k) to conduct instructional,
crafts, social, and cultural programs
their families and guests;
recreational, sports,
of interest to Members,
-
(1) to construct improvements on Common Properties or
Intended Common Properties for use for any of the purposes
authorized in this Article, or as may be required to provide
any of the services authorized in this Article;
(m) to provide administrative services, including, but
not limited to, legal, accounting, and financial; and
communication services, including, but not limited to,
communi ty newsletters and newspapers to inform Members of
activities, notices of meetings, referendums, and other
issues and events of community interest;
(n) to provide liability and hazard insurance covering
improvements and activities on the Common Properties;
(0) to construct mailboxes, signs, and other standard
features for use throughout the Properties; and
(p) to provide any or all of the above listed services
to another association of Owners of real property under a
contract, the terms of which must be approved by the Board of
Directors.
-
Section 3. Minimum List of Functions and Services.
The "Minimum List of Functions and Services" shall establish
and define the minimum level of functions and services which
the Association must furnish to its Members. So long as the
Developer is engaged in the development of Properties which
are subject to the terms of this Declaration, the Association
shall not reduce the level of functions and services it
furnishes to its Members below such minimum level without the
prior written consent of the Developer. The "Minimum List of
Functions and Services" shall obligate the Association to:
(a)
necessary
provide or
to carry
procure the administrative services
out the Association's obligations and
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business under the terms of this Declaration, the Articles of
Incorporation of the Association, and the By-Laws of the
Association, including, but not limited to, legal,
accounting, financial, and communications services;
(b) administer and enforce the
restrictions established in this Declaration,
not limited to, the following actions:
covenants
including,
and
but
(1) set Assessments, levy such Assessments, notify the
Members of such Assessments, and coLlect such Assessments;
(2) prepare accurate indexes of Members, Residential
Lots, Votes, Assessments, the total number of Residential
Lots placed on the Registration List of the Association, the
maximum number of Residential Lots authorized in the
Properties by the zoning Ordinance of the County of
Chesterfield, Virginia, and thE~ Maximum Regular lumual
Assessment;
(3 )
tha t the
agent or
operate an Architectural Review Board in the event
Association is designated by the Developer as the
the assign of the Developer for such purpose;
(4) maintain and operate all Common Properties and
Intended Common Properties;
(5) hold Annual Meetings, Special Meetings, and
Referendums as required, hold elections for the Board of
Directors as required, and give Members proper notice as
required; and
( 6 ) prepare annual
shall make the financial
for inspection by Members
statements and annual budgets, and
books of the Association available
at all reasonable times;
(c) should the Developer appoint the Association its
agent for the administration and Emforcement of any of the
provisions of the General Property Covenants or any other
covenants and restrictions o:E record, assume such
responsibility and any obligations which are incident
thereto;
(d) should the Developer assign to the Association any
of the rights reserved unto it in the General Property
Covenants or any other covenants and restrictions of record,
assume the responsibility of administering and enforcing said
rights, and shall assume any obligations which are incident
thereto;
(e) provide appropriate liability and
coverage for improvements and activities
Properties;
hazard insurance
on all Common
( f)
Liability
provisions
Association;
provide appropriate Directors' and Officers' Legal
Insurance, and indemnify persons pursuant to the
of the Articles of Incorporation of the
(g) keep a complete record of all
corporate affairs;
its acts and
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06/28/06
(h) provide regular and thorough cleanup of all roads,
roadways, roadway medians, parkways, cul-de-sac islands,
neighborhood and other area entrances, and bike trails
throughout the Properties, including, but not limited to,
mowing grass on all roadsides, cul-de-sac islands, entrances,
and bike trails; landscape maintenance on all roadsides, cul-
de-sac islands, entrances, and bike trails; pickup and
disposal of trash on all roads, roadsides, cul-de-sac
islands, entrances, and bike trails. Such cleanup as is
possible shall begin within an individual residential
neighborhood as soon as construction of dwellings has
commenced within said neighborhood;
(i) provide general maintenance of
entrance signs, directional signs, and
including, but not limited to, painting,
replacement as needed:
all neighborhood
other area signs,
repair work, and
(j) provide regular and thorough maintenance and
cleanup of all Common Properties and Intended Common
Properties, including, but not limited to, mowing of grass,
fertilization as needed, landscape maintenance as needed,
pickup and disposal of trash, washing down of picnic tables
and benches as needed, and painting, repairs to and
replacement of all improvements as needed; and
,-.
Section 4. Obligation of the Association. The
Association shall not be obligated to carry out or offer any
of the functions and services specified by the provisions of
this Article VI except as specified in Section 3 of this
Article VI. The functions and services to be carried out or
offered by the Association at any particular time shall be
determined by the Board of Directors taking into
consideration the funds available to the Association and the
needs of the Members of the Association. The functions and
services which the Association is authorized to carry out or
to provide may be added to or reduced, subject to the
provisions of Section 3 of this Article VI, at any time upon
the affirmative vote of seventy-five (75%) percent of the
votes cast by the Type "A" Members at a duly called meeting
of the Association.
.~
Section 5. Mortgage and Pledge. The Board of
Directors shall have the power and authority to obtain loans
to be used by the Association in performing its authorized
functions and services and to mortgage the property of the
Association and to pledge the revenues of the Association as
security for such loans, provided that any such mortgage is
with the prior consent of two-thirds of the Members of the
Association, which consent may be evidenced by petition or by
an affirmative vote of two-thirds of the Association. The
Developer may, but shall not be required, to make loans to
the Association. Notwithstanding anything in this
Declaration to the contrary, the Association shall not be
allowed to reduce the level of the Annual Assessment below
the limit of the Maximum Regular Annual Assessment at any
time there are outstanding any amounts due the Developer as
repayment of any loans made by the Developer to the
Association without the express written consent of the
Developer.
Section 6. Maintenance of Property Not Owned by the
Association. The Association shall be authorized to render
06-581
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services of a governmental nature not furnished by the local
government In the case of maintenance of property not owned
by it.
ARTICLE VII
THE GENERAL PROPERTY COVENANTS AND ARCHITECTURAL CONTROL
Section 1. The General Property Covenants. Pursuant
to the provisions of the General Property Covenants, the
Developer reserved the right to appoint the Association its
agent for the purpose of administering and enforcing, in
whole or in part, the rights reserved unto the Developer in
said General Property Covenants, including, but not limited
to, the right to approve (or disapprove) plans,
specifications, color, finish, plot plan, land management
plan, and construction schedules for any or all buildings or
structures to be erected within any or all of the properties
subject to said General Property Covenants. Such appointment
may be temporary or permanent, and shall be subject to any
conditions, limitations, or restrictions which the Developer,
in its sole and uncontrolled discretion, may elect to impose.
Upon any such appointment of the Association as agent by the
Developer, the Association shall assume any obligations which
are incident thereto.
In addition to the foregoing, the Developer reserved the
right to assign in whole or in part to the Association its
rights reserved in the General Property Covenants to grant
approvals (or disapprovals) , to establish rules and
regulations, to administer and enforce the provisions of said
General Property Covenants, and any or all other rights
reserved t.herein by the Developer. The assignment of such
rights shall be subject to any conditions, limitations, or
restrictions which the Developer, in its sole and
uncontrolled discretion, may elect to impose at the time of
assignment. Following the assignment of such rights, the
Association shall assume all of the Developer'S obligations
which are incident thereto (if any}, and the Developer shall
have no further obligation or liability with respect thereto.
The assignment of such right or rights by the Developer to
the Association shall be made by wri tten instrument which
shall be recorded in the Clerk's Office.
Notwi thstanding anything in the foregoing to the
contrary, so long as the Developer, its successors and
assigns, is the owner of property subject to the provisions
of the General Property Covenants, the Developer., in addition
to and jointly with the Association, shall retain all rights
of easement reserved unto it in said General Property
Covenants, and shall, furthermore, retain all rights of entry
granted unto it in said General Property Covenants for the
purposes of correcting, repairir:.g, enhancing, improving,
cleaning, preserving, clearing out, removing, or taking any
action to prevent a violation of said General Property
Covenants, and the retention of said rights of easement and
entry by the Developer shall in no way create any obligation
on the part of the Developer to perform any affirmative
action.
Section 2. The Architectural Review Board. Should
the Developer designate the Association its agent or its
assign for the purpose of administering and enforcing, in
06-582
06/28/06
--
whole or in part, the rights reserved unto the Developer in
the General Property Covenants to approve (or disapprove)
plans, specifications, color, finish, plot plan, landscape
plan, and construction schedules for any or all buildings or
structures to be erected within any or all of the Properties
as specified in Section 1 hereinabove, the Association shall
establish and operate an Architectural Review Board for the
purpose of administering and enforcing such approvals (or
disapprovals) .
The Architectural Review Board shall be composed of at
least three (3) but not more than eleven (11) Members, all of
whom shall be appointed by the Board of Directors of the
Association. At least one (1) Member of the Association other
than the Developer shall be a Member of the Archi tectural
Review Board at all times.
ARTICLE VIII
GENERAL PROVISIONS
-
Section 1. Duration. These Covenants and any
amendments thereto shall run with and bind the land subject
hereto, and shall inure to the benefit of and be enforceable
by the Association, the Developer, or the Owner of any land
subject to this Declaration, their respective legal
representatives, heirs, successors, and assigns, for a period
of thirty (30) years from the date of this Declaration. Upon
the expiration of said thirty (30) year period, this
Declaration shall be automatically extended for successive
periods of ten (10) years. The number of ten (10) year
extension periods hereunder shall be unlimited, provided,
however, that there shall be no extension of this Declaration
if during the last year of the initial thirty (30) year
period, or during the last year of any subsequent ten (10)
year extension period, at a duly called meeting of the
Association, seventy-five (75%) percent or more of the total
vote entitled to be cast by all the Members of the
Association shall vote in favor of terminating this
Declaration at the end of its then current term. The
presence at the meeting of Members or proxies entitled to
cast seventy-five (75%) percent of the total vote of the
Membership shall constitute a quorum. It shall be required
that written notice of any meeting at which such a proposal
to terminate this Declaration is to be considered, setting
forth the fact that such a proposal will be considered, shall
be given each Member at least thirty (30) days in advance of
said meeting. In the event that the Members of the
Association vote to terminate this Declaration, the President
and Secretary of the Association shall execute a certificate
which shall set forth the Resolution of Termination adopted
by the Association, the date of the meeting of the
Association at which such Resolution was adopted, the date
that Notice of such Meeting was given, the total number of
votes of Members of the Association, the total number of
votes required to constitute a quorum at a meeting of the
Association, the total number of votes present at said
meeting, the total number of votes necessary to adopt a
Resolution terminating this Declaration, the total number of
votes cast against such Resolution. Said certificate shall
be recorded in the Clerk's Office and may be relied upon for
the correctness of the facts contained therein as they relate
to the termination of this Declaration.
-.......
06-583
06/28/06
Section 2. Amendments. All proposed amendments to
this Declaration shall be submitted to a vote of the Members
at a duly called meeting of the Association subject to the
quorum requirements established by Article III, Section 6(a).
Any proposed amendment shall be deemed approved if seventy-
five (75%) percent of the votes cast at such meeting vote in
favor of such proposed amendment. Notice shall be given each
Member at least thirty (30) days prior to the date of the
meeting at which such proposed amendment is to be considered.
If any proposed amendment to this Declaration is approved by
the Members as set forth above, the President and Secretary
of the Association shall execute an Addendum to this
Declaration which shall set forth the amendment, the
effective date of the amendment (which in no event shall be
less than sixty (60) days after 'the date of the meeting of
the Association at which such amendment was adopted), the
date of the meeting of the Association at which such
amendment was adopted, the date t.hat notice of such meeting
was given, the total number of votes of Members of the
Association, the total number of votes required to constitute
a quorum at a meeting of the Association, the total number of
votes present at said meeting, the number of votes necessary
to adopt the amendment, the total number of votes cast in
favor of such amendment and the total number of votes cast
against the amendment. Such Addendum shall be recorded in
the Clerk's Office.
So long as the Developer, as the Type "B" Member, is
enti tIed to elect a maj ori ty of the Members of the Board of
Directors, no amendment of this DecJ.aration shall be made
without the consent of the Developer.
Section 3. Notices. Any notice required to be sent
to any Member under the provisions of this Declaration shall
be deemed to have been properly sent, and notice thereby
given, when delivered personally or sent by mail, with the
proper postage affixed, to the address appearing on the
Association's Membership list. Not.ice to one (1) of two (2)
or more co-Owners or co-Tenants of a Residential Lot shall
consti tute notice to all Co-Owners or co-Tenants. It shall
be the obligation of every Member to immediately notify the
Secretary of the Association in writing of any change of
address. Any person who becomes a Member following the
first day in the calendar month in which said notice is
delivered or mailed shall be deemed to have been given notice
if notice was given to his predecessor in title.
Section 4. Enforcement. Enforcement of these
Covenants shall be by and proceeding at law or in equity
against any person or persons violating or attempting to
violate or circumvent any covenant or restriction, either to
restrain violation or to recover damages, and against the
land and to enforce any lien created by these Covenants; and
failure by the Association or any Member or the Developer to
enforce any covenant or restriction herein contained for any
period of time shall in no event be deemed a waiver or
estoppel of the right to enforce same thereafter.
Section
restriction
Subsection,
Declaration
5. Severability.
herein contained,
sentence, clause,
be declared to be
Should any covenant or
or any Article, Section,
phrase or term of this
void invalid, illegal, or
06-584
06/28/06
unenforceable, for any reason, by the adjudication of any
Court or other tribunal having jurisdiction over the parties
hereto and the subject matter hereof, such judgment shall in
no wise affect the other provisions hereof which are hereby
declared to be severable and which shall remain in full force
and effect.
Section 6. Interpretation. The Board of Directors
of the Association shall have the right to determine all
questions arising in connection with this Declaration, and to
construe and interpret its provisions, and its determination,
construction, or interpretation shall be final and binding.
In all cases, the provisions of this Declaration shall be
given that interpretation or construction that will best tend
toward the consummation of the general plan of improvements.
Section 7. Authorized Action. All actions which the
Association is allowed to take under this instrument shall be
authorized actions of the Association if approved by the
Board of directors of the Association in the manner provided
for in the By-Laws of the Association, unless the terms of
this instrument provide otherwise.
Section 8. Other
anything contained herein
of these Covenants shall
provisions of:
Agreements. Notwithstanding
to the contrary, all the provisions
be subject to and conform with the
-
(a)
Virginia,
thereunder,
modified;
the Zoning Ordinance of the County of Chesterfield,
and the rules and regulations promulgated
as may from time to time hereafter be amended or
(b) the Master Plan for the development of Stoney Glen
South as approved by the Board of Supervisors of the County
of Chesterfield as may from time to time hereinafter be
amended or modified; and
(c) the General Property Covenants
contemporaneously herewi th in the Clerk I s Office.
event of any conflict between this Declaration
General Property Covenants the General Property
shall prevail.
recorded
In the
and the
Covenants
None of the provisions of this Section (6) are or shall
in any way be construed to be or to constitute a conveyance,
transfer, disposition, waiver or relinquishment of any right,
title, and interest of the Developer or the Association, as
their respective rights, titles, and interests may appear, in
and to or under any of the above referenced instruments or
documents to or for the benefit of any other person, firm, or
corporation.
Section 9. Limited Liability. In connection with
all reviews, acceptances, inspections, permissions, consents
or required approvals by or from the Developer and/or the
Association contemplated under this Declaration, the
Developer and/or the Association shall not be liable to an
Owner or to any other person on account of any claim,
liability, damage, or expense suffered or incurred by or
threatened against an Owner or such other person and arising
out of or in any way relating to the subject matter of any
06-585
06/28/06
such reviews, acceptances, inspections, permissions, consents
or required approvals, whether given granted, or withheld.
Section 10. Termination of l\ssociation. In the event
that this Declaration be declared to be void, invalid,
illegal, or unenforceable in its entirety, or in such a
significant manner that the Association is not able to
function substantially as contemplat.ed by the terms hereof,
for any reason, by the adjudication of any Court or other
tribunal having jurisdiction over the parties hereto and the
subject matter hereof, and such adjudication occurs within
ten (10) years of the date of this Declaration, all Common
Properties belonging to the Association at the time of such
adjudication shall revert to the Developer, and the Developer
shall own and operate said Common Properties as Trustee for
the use and benefit of Owners within the Properties as set
forth below. If said adjudication shall occur on a date more
than ten (10) years after the date of this Declaration, or if
the Members of the Association should vote not to renew and
extend this Declaration as provided for in Article VIII,
Section 1, all Common Properties owned by the Association at
such time shall be transferred to a Trustee appointed by the
Circuit Court of Chesterfield County, Virginia, which Trustee
shall own and operate said Common Properties for the use and
benefit of Ovmers within the Properties as set forth below:
(a) Each Residential Lot located within the Properties
shall be subject to an Annual Assessment which shall be paid
by the Owner of each such Residential Lot to the Developer or
Trustee, whichever becomes the successor in title to the
Association. The amount of such Annual Assessment and its
due date shall be determined solely by the Developer or the
Trustee, as the case may be, but the amount of such Annual
Assessment. on any particular ResidEmtial Lot shall not exceed
the amount actually assessed against that Residential Lot in
the last year that assessments were levied by the
Association, subject to the annual inflation adjustments set
forth in subparagraph (b) immediatE~ly below.
(b) The Maximum Regular Annual Assessment which may be
charged by the Developer or 'Ilrustee hereunder on any
particular Residential Lot may be automatically increased
each year by an amount equal to the C.P.I. The actual amount
of such increase in the Maximum RE!gular Annual Assessment on
a Residential Lot shall equal the Maximum Regular Annual
Assessment on such Residential Lot for the previous year
multiplied by the C.P.I. If the C.P.I. is discontinued, then
there shall be used the most similar index published by the
Uni ted States Government that may be procured indicating
changes in the cost of living.
(c) Any past due Annual Assessment together with
interest thereon at the maximum annual rate allowed by law
from the due date and all costs of collection including
reasonable attorney's fees shall be a personal obligation of
the Owner at the time the Annual Assessment became past due,
and it shall also constitute and become a charge and
continuin<;:r lien on the Residential Lot and all improvements
thereon, against which the Assessment has been made, in the
hands of the then Owner, his heirs, devisees, personal
representatives and assigns.
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06/28/06
(d) The Developer, or the Trustee, as the case may be,
shall be required to use the funds collected as Annual
Assessments for the operation, maintenance, repair, and
upkeep of the Common Properties. The Developer or Trustee
may charge as part of the cost of such functions the
reasonable value of its services in carrying out the duties
herein provided. Neither the Developer nor the Trustee shall
have the obligations to provide for operation, maintenance,
repair, and upkeep of the Common Properties once the funds
provided by the Annual Assessment have been exhausted.
(e) The Developer shall have the right to convey title
to the Common Properties, and to assign its rights and duties
hereunder, provided that the transferee accepts such
Properties subject to the limitations and uses imposed hereby
and affirmatively acknowledges its acceptance of the duties
imposed hereby.
-
(f) The Trustee shall have the power to dispose of the
Common Properties free and clear of the limitations imposed
hereby; provided, however, that such disposition shall first
be approved in writing by seventy-five (75) percent of the
Owners of Properties or in the alternative shall be found to
be in the best interest of the Owners of Property by the
Circuit Court of Chesterfield County, Virginia. The proceeds
of such a sale shall first be used for the payment of any
debts or obligations constituting a lien on the Common
Properties, then for the payment of any obligations incurred
by the Trustee in the operation, maintenance, repair, and
upkeep of such Properties, then for the payment of any
obligations distributed among the Owners of Property,
exclusive of the Trustees, in a proportion equal to the
portion that the Maximum Regular Annual Assessment on
property owned by a particular Owner bears to the total
Maximum Regular Annual Assessments for all property located
within the Properties.
IN WITNESS WHEREOF, the Association and the Developer
have caused this instrument to be executed and their seals
attached by their duly authorized officers.
REGULAR RESTRICTIVE COVENANTS
WHEREAS, STONEY GLEN SOUTH ASSOCIATES LIMITED
PARTNERSHIP, a Virginia limited partnership ("Developer"), is
the owner of certain lands located within a community known
as "Stoney Glen South" in Chesterfield County, Virginia.
WHEREAS, the Developer wishes to declare certain
restrictive covenants affecting certain lands in Stoney Glen
South.
-
NOW, THEREFORE, the Developer does hereby declare that
the covenants contained herein shall be covenants running
wi th the land and shall apply to the lands described in
Exhibit "A" attached hereto and such additions thereto as may
hereinafter be made pursuant to paragraph 4.4 of Part IV
hereof. The Developer reserves in each instance the right to
add additional restrictive covenants in respect to lands to
be conveyed in the future within the Properties, or to limit
therein the application of this Declaration.
06-587
06/28/06
DEFINITIONS
"Stoney Glen South" when used herein shall refer to the
lands in Chesterfield County, Vir9inia, which are shown as a
part of Stoney Glen South on the Developer's Master plan as
revised from time to time.
Whenever used herein, the term "Developer" or "the
Developer" shall refer to Stoney Glen Associates Limited
Partnership, a Virginia limi ted partnership, its successors
and assigns, and any agent or agents appointed by Stoney Glen
South Associates Limited Partnership, its successors and
assigns, to act on its behalf for the purpose of
administering or enforcing, in whole or in part, the rights
reserved unto the Developer in this Declaration.
Whenever used herein, the term "Association" shall refer
to Stoney Glen South Association, Inc., a Virginia non-
profit, non-stock corporation, its successors and assigns,
and any other communi ty or owners association wi thin Stoney
Glen South organized or to be organized, by the Developer or
by others wi th the consent of the DE=veloper.
The terms "Property" and "Properties" when used herein
shall refer to any tract of land or subdivision thereof in
Stoney Glen South which has been subjected to the provisions
of this Declaration or any Supplemental Declaration under the
provisions of paragraph 4.4 of Part IV hereof, as may be
referenced in deeds issued by the Developer or any third
party with the consent of the Developer, including without
limitation, all that tract or parcel of land, situate, lying
and being in Chesterfield County I Virginia, which is more
particularly described in Exhibit A" attached hereto and by
specific n:'!ference made a part hereof.
The terms " Property Owner", "Owner of Property", and
"Owner" when used in this Declaration shall mean and refer to
all owners. of an interest in real property in Stoney Glen
South which has been subjected to the provisions of this
Declaration.
The term "Master Plan" when used in this Declaration
shall mean and refer to the drawing which represents the
conceptual plan for the future dE:'!velopment of Stoney Glen
South. Since the concept of the future development of Stoney
Glen South is subj ect to continuing revision and change by
the Developer, present and future references to the "Master
Plan" shall be references to the latest revision thereof.
The term "Open Space" or "Open Space Areas" when used in
this Declaration shall mean and refer to all those parcels
and tracts of land wi thin the Properties designated on the
Master plan or on recorded plats as "Open Space".
The covenants and restrictions below will be referred to -
as the General Property Covenants of July __, 1990, will be
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County, Virginia, ("Clerk I s Office") and may be
incorporated by reference in deeds to real property issued by
the Developer by reference to the book and page of recording
in the land records of said Clerk's Office,
06-588
06/28/06
PART I
COVENANTS, RESTRICTIONS AND AFFIRMATIVE
OBLIGATIONS APPLICABLE TO ALL
PROPERTIES IN STONEY GLEN SOUTH
-
The primary purpose of these covenants, restrictions and
affirmative obligations ("Covenants") and the foremost
consideration in the origin of same has been the creation of
a community which is aesthetically pleasing and functionally
convenient. The establishment of certain objective standards
relating to design, size and location of dwellings and other
structures makes it impossible to take full advantage of the
individual characteristics of each parcel of Property and of
technological advances and environmental values. For this
reason such standards are not established by these Covenants.
However, in order to implement the purposes of these
Covenants, the Developer may establish and amend from time to
time objective standards and guidelines, including, but not
limited to, Building Guidelines, Uniform Sign Regulations,
Uniform Mailbox Regulations, and Landscape Guidelines as such
terms are defined hereinafter, which shall be in addition to
and more restrictive than these Covenants, and which shall be
binding on all Property Owners within Stoney Glen South.
-
1.1. Building Approvals. No building, fence, or other
structure shall be erected, placed, or altered, nor shall a
building permit for such improvement be applied for on any
Property in Stoney Glen South until the proposed building
plans, specifications, exterior color or finish, plot plan
(showing the proposed location of such building or structure,
drives, and parking areas), and construction schedule shall
have been approved by the Developer. In addition, the
Developer may, at its election, require prior written
approval of a landscape plan. The Developer further reserves
the right to promulgate and amend from time to time
archi tectural standards and construction specifications
(hereinafter referred to as the "Building Guidelines") for
specific neighborhoods and areas or for all Properties within
Stoney Glen South, and such Building Guidelines shall
establish, define, and expressly limit those standards and
specifications which will be approved in said neighborhoods
and areas or within the Properties, including, but not
limi ted to, architectural style, exterior color or finish,
roofing material, siding material, driveway material, fencing
material, landscape design, and construction technique. No
alteration in the exterior appearance of any building, fence
or structure, including exterior color or finish, shall be
made without like prior approval by the Developer. One (1)
copy of all plans and related data shall be furnished to the
Developer for its records. In the event approval of such
plans is neither granted nor denied within thirty (30) days
following receipt by the Developer of wri tten demand for
approval, the provisions of this paragraph shall be thereby
waived.
(b) In order to assure that buildings, fences and other
structures will be located and staggered so that the maximum
view, privacy, sunlight, and breeze will be available to each
building or structure within the confines of each Property,
and to assure that structures will be located with regard to
the topography of each Property, taking into consideration
the location of large trees and other aesthetic and
environmental considerations, the Developer reserves the
06-589
06/28/06
right to approve the precise site and location of any
building, fence or structure on any Property in Stoney Glen
South. Such location shall be determined only after
reasonable opportunity is afforded the Property Owner to
recommend a specific site. The provisions of this paragraph
shall in no way be construed as a guarantee that the view,
privacy, sunlight, or breeze available to a building or
structure on a given Property shaLL not be affected by the
location of a building or structure on an adjacent Property.
1.2. !ree Removal. No trees measuring six (6) inches or
more in diameter at a point two feet above ground level may
be removed without the prior approval of the Developer.
Approval for the removal of trees located within ten (10)
feet of a building or within ten (10) feet of the approved
site for such building will be g:r:'anted unless such removal
will substantially decrease the beauty of the Property.
1.3 Landscape Guidelines. 'l'he Developer reserves the
right to promulgate and amend from time to time landscape
guidelines (the "Landscape Guidelines") which shall establish
approved standards, methods, and procedures for landscape
management on specific Properties in Stoney Glen South, and
such author i zed standards, methods, and procedures may be
utilized by the Owners of such specified Properties without
prior written approval by the Developer; provided, however,
the provisions of this paragraph 1.3 shall in no way
constitute a waiver of the requirement to receive prior
written approval for the removal of specified trees pursuant
to paragraph 3 above.
1.4. Signs. Except as may be required by legal
proceedings, no sign shall be erected or maintained on any
Property by anyone, including, but not limited to, a Property
Owner, a tenant, a realtor, a contractor, or a subcontractor,
until the proposed sign size, color and content and the
number and location of sign (s) shall have been approved by
the Developer. The Developer further reserves the right to
promulgatE! and amend from time t.o time uniform sign
regulations ("the Uniform Sign Regulations") which shall
establish standard design criteria for all signs, including,
but not limited to, real estate sales signs, erected upon any
Property in Stoney Glen South.
1.5. Mailboxes. No mailbox shall be erected or
maintained on any Property until the proposed mailbox design,
color, and location have been approved by the Developer. No
alteration in the exterior appearance of any mailbox shall be
made without like prior wri tten approval by the Developer.
The Developer further reserves the right to establish uniform
mailbox regulations (the"Uniform Mailbox Regulations") which
shall define standard design criteria for all mailboxes
erected upon any Property in Stoney Glen South.
1.6. Maintenance. It shall be the responsibility of
each Property Owner, tenant, contractor, or subcontractor to
prevent the development of any unclean, unsightly, unkempt,
unhealthy, or unsafe conditions of buildings or grounds on
any Property which shall tend to substantially decrease the
beauty or safety of Stoney Glen South, the neighborhood as a
whole, or the specific area.
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06/28/06
1.7. Parking.
Each Property Owner shall provide space
for the parking of automobiles
the occupancy of any building
said Property, in accordance
established by the Developer.
off public streets prior to
or structure constructed on
with reasonable standards
,-
1.8. Sewage Disposal. Prior to the occupancy of a
building or structure on any Property, proper and suitable
provisions shall be made for the disposal of sewage by
connection with the sewer mains of the Chesterfield County
public sewer system or other means of sewage disposal if
other means are approved by Chesterfield County and the
Developer for use in Stoney Glen South.
1.9. Public Water. Prior to the occupancy of a building
or structure on any Property, proper and suitable provisions
for water shall be made by connection with the water lines of
the Chesterfield County public water system or any other
water system approved by Chesterfield County and the
Developer for use in Stoney Glen South.
1.10. Utility Easements. The Developer hereby
reserves a perpetual, alienable, and releaseable easement and
right on, over, and under the Properties to erect, maintain,
and use electric, Community Antenna Television ("C.A.T.V."),
and telephone poles, wires, cables, conduits, drainage ways,
sewers, water mains, and other sui table equipment for the
conveyance and use of electricity, telephone equipment,
C.A.T.V., gas, sewer, water, drainage, or other public
conveniences or utilities on, in, or over those portions of
such Property as may be reasonably required for utility line
purposes; provided, however, that no such utility easement
shall be applicable to any portion of such Property as may
(a) have been used prior to the installation of such
utili ties for construction or a building whose plans were
approved pursuant to these Covenants by the Developer, or (b)
be designated as the site for a building on a plot plan for
erection of a building which has been approved in writing by
said Developer. These easements and rights expressly include
the right to cut any trees, bushes, or shrubbery, make any
gradings of the soil, or take any other similar action
reasonably necessary to provide economical and safe utility
installation and maintain reasonable standards of health,
safety, and appearance. The Developer further reserves the
right to locate wells, pumping stations, siltation basins,
and tanks wi thin Stoney Glen South in any Open Space or on
any Property designated for such use on the applicable plat
of said Property, or to locate same upon any Property with
the permission of the Owner of such Property.
,~
1.11. Antenna. No television antenna, radio
receiver, radio sender, or other similar device shall be
attached to or installed on any Property or on the exterior
portion of any building or structure on any Property except
as follows:
(a) The provisions of this paragraph shall not
prohibit the Developer from installing or approving the
installation of equipment necessary for a master antenna
system, C.A.T.V., mobile radio systems, or other similar
systems within the Properties, pursuant to the provisions of
paragraph 11 above;
06-591
06/28/06
(b) Should C. A. T. V. services be unavailable and
good television reception not be otherwise available, a
Property QllI7I1er may make written application to the Developer
for permission to install a television antenna, stating the
proposed a::1tenna' s size, height, color, location and design,
and such permission shall not be unreasonably withheld; and
(c) No satellite dish antenna l.n excess of
inches in diameter shall be installed upon any Property or
attached to the exterior portion of any building or structure
on any Property.
1.12. Fences. No chain link fence shall be erected
or maintained on any Property.
1.13. Dog Pens. No dog pen shall be erected or
maintained on any Property until the px'oposed dog pen design,
color, fencing material, size, and location have been
approved in writing by the Developer. No alteration in the
exterior appearance of any dog pen shall be made without like
prior written approval by the Developer.
Pi\RT II
ADDITIONAL RES~rRICTIONS AFFECTING
RESIDENTIAL LOTS
2.1. Definition. "Residential Lots" or "Lots" as used
in this Part II shall mean and refer to all those parcels or
tracts of land within the Properties intended for subdivision
or subdivided into Properties or lots intended for the
construction of a detached house or single family dwelling
unit (hereinafter referred to as a "dwelling unit").
2.2. !1inimum Size. Plans required under paragraph 1.1
of Part I of these Covenants will not be approved unless the
proposed dwelling unit or any other structures will have the
minimum square footage of enclosed dwelling space specified
in the pertinent sales contract and deed. The term "enclosed
dwelling space" shall not includE! garages, terraces, decks,
open porches, screened porches, and similar areas.
2.3. Other Restrictions.
(a) All Residential Lots shall be used for
residential purposes, recreational purposes incidental
thereto, a.nd for customary accessory uses. The use of a
portion of a dwelling unit on a Residential Lot as an office
by the O'ifmer or tenant thereof shall be consid€!red a
residential use if such use does not create undue customer or
client traffic, as determinE~d by tl'le Developer, to and from
the unit or the Property.
(b) No structure, except as hereinafter provided,
shall be erected, altered, placed, or permitted to remain on
any Residential Lot other than one (1) detached single family
dwelling and one (1) small lone-step, accessory building
which may include a detached private garage, provided the use
of such accessory buildin9 does not overcrowd the Property,
as determined by the Developer, and provided, further, that
such building is not used for any activity normally conducted
as a business. Such accessory building may not be
constructed prior to the construction of the main building.
06-592
06/28/06
(c) A guest suite or like facility without a
ki tchen may be included as part of the main dwelling or
accessory building on any Residential Lot, but such suite may
not be rented or leased except as part of the entire premises
including the main dwelling, and provided, however, that such
sui te would not result in over-crowding the Property, as
determined by the Developer.
.......
(d) The provisions of this paragraph 2.3 shall not
prohibit the Developer from using any dwelling units or
accessory buildings as models. In addition, the Developer
may grant permission to any builder to use any specific
dwelling unit or accessory building as a model; selection of
the particular dwelling unit or accessory building and any
rules or regulations governing the use of such dwelling unit
or accessory building as a model shall be determined by the
Developer.
2.4. Completion of Construction.
-
(a) The exterior of each dwelling unit and all
other structures must be completed within one (1) year after
the construction of same shall have commenced, except where
such completion is impossible or would result in great
hardship to the Owner or builder due to strikes, fires,
national emergency or natural calamities. Dwelling units and
other structures may not be temporarily or permanently
occupied until the exteriors thereof have been completed.
During the continuance of construction, the Owner of each
Residential Lot shall require his contractor to maintain the
Lot in a reasonably clean and uncluttered condition, pursuant
to the provisions of paragraph 1.6 of these Covenants.
(b) The failure to complete the exterior of any
dwelling unit or any other structure within the time limit
set forth in paragraph 2.4(a) above shall constitute a
violation and breach of these Covenants. The Developer
hereby reserves a perpetual, alienable, and releasable
easement and right on, over, and under all Residential Lots
for the purpose of taking any action necessary to effect
compliance with paragraph 4(a) above, including, but not
limited to, the right to enter upon any Property for the
purpose of completing the exterior of such dwelling unit or
any other structure which is in violation of paragraph 2.4
(a) .
2.5. Garbage.
(a) Each Residential Lot Owner shall provide a screened
area to serve as a service yard and an area in which garbage
receptacles, fuel tanks or similar storage receptacles,
electric and gas meters, air conditioning equipment,
clotheslines, and other unsightly objects must be placed or
stored in order to conceal them from view from the road and
adjacent Properties. Pursuant to the provisions of paragraph
1.1, plans for such screened area delineating the size,
design, specifications, exterior color or finish, and
location must be approved by the Developer prior to
construction. No alteration in the exterior appearance of
any screened area shall be made without like prior written
approval by the Developer. Garbage receptacles and fuel
tanks may be located outside of such screened area only if
06-593
06/28/06
located underground, and such underground garbage receptacles
and fuel tanks and their location must likewise be approved
by the Developer prior to construction,
Garbage pickup shall only take place at the garbage
receptacle location approved by the Developer in paragraph
2.5 (a) above.
(b) The Developer reserves the right to approve
the selection of waste management: vendor (s) authorized to
provide garbage pickup within the Properties.
2.6. Mobile Homes, Boat Trailers, Outbuildings, Etc.
No mobile home, trailt~r, barn, or other similar out
building or structure shall be placed on any Residential Lot
at any time, either temporarily or permanently. Except as
provided below, boats, boat trailE?!rs, campers, recreational
vehicles, oversized vehiclE!s, or utility trailers may be
maintained on a Residential Lot, but only wi thin an enclosed
or screenE!d area such that they are not generally visible
from the road or adjacent Properties. Pursuant to the
provisions of paragraph 1.1, plans for such enclosed or
screened a.rea delineating the SiZE?!, design, specifications,
exterior color or finish, and locat must be approved by
the Developer prior to construction. No alteration in the
exterior a.ppearance of any enclosed or screened area shall be
made without like prior written approval by the Developer. A
small boat, boat trailer, or boat on a boat trailer may be
placed in the rear yard of a Residential Lot without being
enclosed by a screened area if such boat, boat trailer, or
boat on a boat trailer does not exceed an overall height of
four (4') feet above ground level.
2.7. ~remporary Structures. No structure of a
temporary character other than shelters or temporary
structures used by the contractor during construction of the
main dwelling unit shall be placed upon any Residential Lot
at any time. Temporary shelters or structures permitted
during construction may not, at any time, be used as
residences or permitted to remain on the Property after
completion of construction. The design and color of
structures temporarily placed on a Residential Lot by a
contractor shall be subject to reasonable aesthetic control
by the Developer.
2.8. :Utility Easements. The utility and
easement reserved by the Developer in paragraph 1.10
Covenants shall be located along any t\tllO (2) of the
lines of each Residential Lot.
drainage
of these
boundary
2.9. Subdivision of Lots. No Residential Lot shall
be subdivided or its boundary lines changed, nor shall
application for same be made to Chesterfield County, except
with the prior written consent of the Developer. However,
the Developer hereby expressly reserves the right to rep1at
any Residential Lot (s) owned by it and shown on the plat of
any subdivision within the Properties in order to create a
modified building Lot or Lots, and to take such other steps
as are reasonably necessary to make such replatted Lot (s)
suitable and fit as a building sitE~ including, but not
limited to, the relocation of easements, walkways, rights of
way, roads, bike trails, bridge:3, parks I recreational and
community facilities, and o1:her amenities to conform to the
06-594
06/28/06
_.
new boundaries of said replatted Lot(s), provided that no Lot
originally shown on a recorded plat is reduced to a size more
than ten (10%) per cent smaller than the smallest Lot shown
on the first plat of the subdivision section recorded in the
public records. The provisions of this paragraph shall not
prohibit the combining of two (2) or more contiguous Lots
into one (1) larger Lot, only the exterior boundary lines of
the resulting larger Lot shall be considered in the
interpretation of these Covenants.
PART III
ADDITIONAL RESTRICTIONS AFFECTING OPEN SPACE AREAS
3.1. Maintenance of Open Space Areas. It is the intent
of the Developer to maintain and enhance (or to convey
subject to open space restrictions to the Association)
certain Open Space Areas. The Developer reserves the right
to review and modify the Master Plan at its sole option from
time to time based upon its continuing research and design
program, and such modifications may change the boundaries of
certain Open Space Areas designated as such upon the Master
Plan. The Developer further reserves the right to transfer,
sell, convey, give, donate, or lease to the Association or to
any other third party any Open Space Area.
-
3.2. Easements. An easement in Open Space Areas is
hereby granted to the Owners of Properties in Stoney Glen
South, tenants of such Properties, and their guests, which
easement shall entitle such Owners, tenants, and their
guests, to enjoy the Open Space Areas subject to the rules
and regulations established by the Developer. The granting
of such easement in no way grants to the public or to the
owners of any land outside the Properties in Stoney Glen
South the right to enter any Open Space Area without the
prior written permission of the Developer.
3.3. Improvements. The Developer hereby reserves the
right to enter upon any Open Space Area for the purpose of
constructing, landscaping, maintaining, and operating any
community facilities, including, but not limited to, parks,
playgrounds, gazebos, picnic shelters, picnic tables, walking
trails, bike trails, and, subject to limitations imposed by
governmental authorities, scenic roadsides and neighborhood
entrance areas. The Developer further reserves the right to
authorize the construction, landscaping, maintenance, or
operation of such facilities within Open Space Areas by the
Association or any other third party.
3.4. Trash and Garbage. No trash, garbage, sewage,
sawdust, or any unsightly or offensive material shall be
placed upon any Open Space Area, except as is temporary and
incidental to the bona fide improvement of the area in a
manner consistent with its classification as an Open Space
Area.
3.5. Reservation of Easement. The Developer hereby
reserves every reasonable use and enj oyment of said Open
Space Areas, in a manner not inconsistent with the provisions
of this Declaration.
3.6. Conveyance of Open Space Area. The Developer
hereby reserves the right to convey Open Space Areas to the
Association. Such conveyance shall be made subject to the
06-595
06/28/06
provisions of this Part III, all other restrictions and
limi tations of record, and any other restrictions or
limitations which the Developer, in its sole and uncontrolled
discretion, shall elect to impose. As an appurtenance to
such conveyances, the Association shall have all of the
powers, immunities, and privil(~ges reserved unto the
Developer in this Part III as well as all of the Developer's
obligations with respect thereto, provided, however, that so
long as the Developer is the Owner of Property subject to the
provisions of this Declaration, the Developer, in addition to
and jointly with the Association, shall retain all rights of
easement and entry granted for the purposes of correcting,
repairing, enhancing, improving, cleaning, preserving,
clearing out, removing, or taking any action to prevent a
violation of these Covenants. Property conveyed to the
Association pursuant to the authority of this paragraph 3.6
shall become "Common Properties" as prescribed by the
Declaration of Covenants and Restrictions of the Stoney Glen
South Association, a Virginia General Partnership
("Declaration"), which is being recorded in the Clerk's
Office contemporaneously herewith.
PART IV
ADDITIONS, LIMITATIONS; DURATION AND
VIOLATION OF COVENANTS
4.1. Term. (a) All Covenants set forth in this
Declaration and any amendments thereto shall run with the
land and shall be binding on all parties and persons claiming
under them, specifically including, but not limited to, the
successors and assigns, if any, of the Developer for a period
of thirty (30) years from the date of this Declaration. Upon
the expiration of said thirty (30) year period all said
Covenants shall be automatically extended for successive
periods of ten (10) years. The number of ten (10) year
extension periods hereunder shall be unlimited, provided,
however, that there shall be no extension of this Declaration
if durinu the last year of the initial thirty (30) year
period, or during the last year of any subsequent ten (10)
year extension period, seventy-five (75%) percent or more of
the total votes (as determined .111 subparagraph 4.1 (c)
hereinafter) entitled to be cast by all Owners of all
Properties subject to the provisions of this Declaration vote
in favor of terminating this Declaration at the end of its
then current term at a Duly Called Meeting (as hereinafter
defined) of the Owners of the properties. The presence at
said meeting of Owners or ballots entitled to cast seventy-
five (75%) percent of the total vote of all the Owners of all
the PropE~rties shall consti tute a quorum. In the event that
the Owners of the Properties vot~e to terminate this
Declaration, the Developer shall execute a certificate which
shall set forth the Resolution of Termination adopted by the
Owners, the date of the me.eting of the Owners at which such
Resolution was adopted, t:hE~ date that notice of such meeting
was given, the total number of votes of all Owners of all the
PropertiE!s, the total numbl=r of votes required to constitute
a quorum at said meeting, the total number of votes present
at said meeting, the total number of votes necessary to adopt
a Resolu"tion terminating t.his Declaration, the total number
of votes cast in favor of such Resolution, and the total
number of votes cast against such Resolution. Such
certificate shall be recorded in the Clerk I s Office and may
be relied upon for the correctness of the facts contained
06-596
06/28/06
therein as
Declaration.
they
relate
to
the
termination
of
this
(b) A "Duly Called Meeting" shall mean and refer to any
open meeting of the Owners of the Properties (or a portion of
said Owners) called by the Developer for said purposes,
subject to the giving of proper notice and the quorum
requirements established in subparagraph 4.1(a) and in
paragraph 4.2 herein. "Proper notice" shall be deemed to be
given when delivered personally or sent by mail to each such
Owner not less than thirty (30) days in advance of said
meeting. There shall be sent with such notice a statement of
certain motions to be introduced for vote of the Owners and a
ballot on which each Owner may vote for or against each
motion. Each ballot which is presented at such meeting shall
be counted in calculating the quorum requirements for said
meeting, provided, however, such ballots shall not be counted
in determining whether a quorum is present to vote upon
motions not appearing on the ballot.
(c) The votes to which each Owner of Property subj ect
to this Declaration shall be entitled shall be determined as
follows:
(i) The Owner of any Property which is also subject to
the provisions of the Joint Declaration shall be entitled to
as many votes as equals the total number of votes to which he
is entitled as a Type "A" Member of the Association as
defined and determined in said Declaration.
.."....
(ii) The Owner of any Property which is not subject to
said Declaration shall be entitled to as many votes as equals
the total number of votes to which he would be entitled as a
Type "A" Member of the Association if his Property were to be
subjected to said Declaration.
,-
4.2. Amendment. All proposed amendments to this
Declaration shall be submitted to a vote of the Owners of
Properties substantially affected by a change in Covenants at
a Duly Called Meeting of said Owners. Unless the contrary
shall be determined by a court of equity jurisdiction,
"substantially affected" shall mean those Properties shown on
(a) the. plats showing the Properties to be modified in
permitted use by the change, and (b) the plats which
subdivided the Property immediately abutting the Property
shown on plats identified in recorded in the Clerk's Office.
Any such amendment shall be deemed approved if two-thirds
(2/3) of the votes (as determined in subparagraph 4.1 (c)
hereinabove) cast at such meeting vote in favor of such
amendment. The presence at said meeting of Owners or ballots
entitled to cast sixty (60%) percent of the total vote of all
the Owners of Property substantially affected by a change in
Covenants shall constitute a quorum. If the required quorum
is not present at said meeting, the Developer may, in its
sole and uncontrolled discretion, call another meeting or
meetings subj ect to the giving of proper notice, and the
required quorum at such subsequent meeting or meetings shall
be one-half (1/2) of the required quorum at the preceding
meeting. If any proposed amendment to this Declaration is
approved by the Owners as set forth above, the Developer
shall execute an Addendum to this Declaration which shall set
forth the amendment, the effective date of the amendment
(which in no event shall be less than sixty (60) days after
06-597
06/28/06
the date of the meeting of the Owners at which such amendment
was adopted), the date of the meeting of the Owners at which
such amencirnent was adopted, the date that notice of such
meeting was given, the total number of votes of Owners of
Properties substantially affected by such amendment, the
total number of votes required to constitute a quorum at a
meeting of said owners, the total number of votes of said
Owners present at said mE:eting, the total number of votes
necessary to adopt such amendment, the total number of votes
cast in favor of such amendment, and the total number of
votes cast~ against such amE~ndment. Such Addendum shall be
recorded in the Clerk's Office.
4.3. Additional Covenants. 'The Developer hereby
reserves the right to add additional restrictive covenants in
respect to lands within the Properties to be conveyed in the
future by the Developer to the Association or to any other
third party, or to limit therein the application of these
Covenants. The right to add addi tional restrictions or to
limit the application of these Covenants shall be reasonably
exercised.
4.4. Additions. (a) The Developer hereby reserves
the right to bring within the plan and operation of this
Declaration any other property acquired by the Developer
which is adjacent to or near the Properties. Such property
may be subjected to this Declaration as one parcel or as
several smaller parcels simultaneously or at different times.
The additions authorized herein shall be made by recording a
Supplemenc.ary Declaration o:E Rights, Restrictions,
Affirmative Obligations and Conditions with respect to the
additional property which shall extend the operation and
effect of the Covenants to such add:L tional property. Such
Supplementary Declaration may contain such complementary
additions and/or modifications of the Covenants as may be
necessary or convenient, in the determination of the
Developer, to reflect the different character, if any, of the
added properties and as are not inconsistent with the plan of
this Declaration, but such modifications shall have no effect
upon the Property described in Exhibi t, " A" or upon any other
prior additions to the Properties.
(b) Upon the prior written approval of the Developer,
the owner of any property who desires to bring such property
within the plan and opE!ration of this Declaration and to
subject it to the jurisdiction of the Developer shall record
a Supplementary Declaration of Rights, Restrictions,
Affirmative Obligations and Conditions with respect to the
additional property which shall extend the operation and
effect 0:: the Covenants to such addi tional property. Such
Supplementary Declaration may contain such complementary
additions and/or modifications as may be necessary or
convenient, in the determination of the Developer, to reflect
the diffE~rent character, if any, of the added properties and
as are not inconsistent with the plan of this Declaration,
but such modifications shall havE: no effect upon the
Properties described in Exhibit "A" or upon any other
additions to the Properties.
4.5. Enforcement. In the
breach of any of the Covenants
Owner, or agent of such Owner,
the neighborhood or in Stoney
event of a violation or
by any Owner, tenant of such
the Owners of Properties in
Glen South, or any of them,
06-598
06/28/06
-
"
jointly or severally, shall have the right to proceed at law
or in equity to compel a compliance to the terms hereof or to
prevent the violation or breach in any event. In addition to
the foregoing, the Developer and/or the Association shall
have the right to proceed at law or in equity to compel a
compliance to the terms hereof or to prevent the violation or
breach in any event.
4.6. Other Remedies. In addi tion to the foregoing,
the Developer shall have the right, whenever there shall have
been placed or constructed on any Property in Stoney Glen
South any building, structure, object, material, or condition
which is in violation of these restrictions, to enter upon
such Property where such violation exists and summarily abate
or remove the same at the expense of the Owner, if after
thirty (30) days written notice of such violation it shall
not have been corrected by the Owner, tenant, or agent of the
Owner; provided, however, that if the Developer in its
reasonable discretion determines that immediate corrective
action is required, and such action is not performed
immediately by the owner, tenant, or agent of the Owner, the
Developer or its agent shall have the right to enter
immediately and summarily abate or remove such violation at
the expense of the Owner. Any such entry and abatement or
removal shall not be deemed a trespass.
4.7. No Trespass. Whenever the Developer or its agent
is permitted by this Declaration to correct, repair, enhance,
improve, clean, preserve, clear out, remove, or take any
action on any Property or on the easement areas adjacent
thereto, entering the Property and taking such action shall
not be deemed a trespass.
4.8. No Waiver.
regardless of how long
constitute a waiver of
The failure to enforce any Covenant,
such failure shall continue, shall not
or a bar to such right to enforce.
4.9. Costs; Lien.
(a) Costs. Whenever the Developer is permitted by
this Declaration to correct, repair, enhance, improve, clean,
preserve, clear out, remove, or take any action on any
Property or on the easement areas adjacent thereto and
entitled to have such cost paid by the Owner of the Property
on or adjacent to which such corrective action is performed,
the cost together with interest thereon at the maximum annual
rate permitted by law from the due date and costs of
collection therefor including a reasonable attorney's fee,
shall be a charge and continuing lien on the real Property
and improvements thereon against which such cost is charged,
in the hands of the then Owner, his heirs, devisees, personal
representatives, tenants, and assigns, and in addition shall
also be the personal obligation of the Owner of such real
Property at the time when such cost becomes due and payable.
The cost of corrective action shall be billed at the
completion of such corrective action, and all bills shall be
due and payable thirty (30) days from the date of mailing of
same.
to an
date,
Owner
(b) Judgment. If the cost of corrective action billed
Owner is not paid within thirty (30) days after the due
the Developer may bring an action at law against the
personally to recover such cost, plus the costs of
06-599
06/28/06
preparing the filing of the complaint in such action and a
reasonable attorney's fee; in the event a judgement is
obtained, such judgement shall include interest on the cost
as above provided and a reasonable attorney's fee together
with the costs of the action.
(c) Subordination of Lien. The lien provided for
herein shall be subordinate to the lien of any first deed of
trust now or hereafter placed upon any Property subj ect to
these Covenants. In the event a credi tor (other than the
Developer or the creditor of the Developer) acquires title to
any Property pursuant to foreclosure or any other proceeding
or deed in lieu of foreclosure, said creditor shall be
subj ect to such lien placed upon such Property during the
time in which the creditor holds title to such Property.
4.10.
Assignment of Right::~.
(a) The Developer hereby reserves the right to assign
in whole or in paI~t to the Association its rights under these
Covenants to grant consents and approvals or make
determinations (or to wi thhold such consents or
disapprovals) , to establish rules and regulations, to
administer and enforce the provisions of this Declaration,
and all other rights reserved herE=in by the Developer. The
assignment of such rights shall be subject to any conditions,
limitations, or restrictions which the Developer, in its sole
and uncontrolled discretion, may elect to impose at the time
of assignment. Following the assignment of such rights, the
Association shall assume all of the Developer I s obligations
which are incident thereto (if any), and the Developer shall
have no further obligation or liability with respect thereto.
The assignment of such right or rights by the Developer to
the Association shall be made by written instrument which
shall be recorded in the Clerk's Office.
~-,,'
(b) Notwithstanding anything in the foregoing to the
contrary, so long as the Developer is the Owner of Property
subject to the provisions of this Declaration, the Developer,
in addition to and jointly with the Association, shall retain
all rights of easement reserved unto it in this Declaration,
and shall, furthermore, retain all rights of entry granted in
this Declaration for the purposes of correcting, repairing,
enhancing, improving, cleaning, preserving, clearing out,
removing, or taking any action to prevent a violation of
these Covenants.
4.11. Appointment of Agent. The Developer hereby
reserves the right to appoint the Association its agent for
the purpose of administering and enforcing, in whole or in
part, these Covenants and exercising the Developer's rights
hereunder. Such appointment may be temporary or permanent,
and shall be subject to any conditions, limitations, or
restrictions which the Developer, in its sole and
uncontrolled discretion, may elect to impose. Upon any such
appointment of the Association as agent by the Developer, the
Association shall assume any obligations which are incident
thereto.
4.12. Declaration. The Declaration is being
recorded contemporaneously herewith in the Clerk I s Office.
Properties described in Exhibi t II A" and Owners of Properties
described in Exhibit "A" shall also be subject to the
06-6:00
06/28/06
provisions of the Declaration. Additional properties brought
within the plan and operation of this Declaration pursuant to
paragraph 4.4 hereinabove, and Owners of such additional
Properties, may become subject to the provisions of the
Declaration, pursuant to the rules and regulations stipulated
in Article II of the Declaration.
-
4.13. Conformance with zoning and Master Plan.
Notwi thstanding anything contained herein to the contrary,
all the provisions of these Covenants shall be subject to and
conform with the provisions of (i) the zoning Ordinance of
the County of Chesterfield, Virginia, and the rules and
regulations promulgated thereunder, as may from time to time
hereafter be amended or modified, and (ii) the Master Plan
for the development of Stoney Glen South as approved by the
Board of Supervisors of the County of Chesterfield, Virginia,
as may from time to time hereafter be amended or modified.
4.14. No Liability. The Developer shall not be
liable to any Owner or to any other person on account of any
claim, liability, damage, or expense suffered, incurred by,
or threatened against any Owner or such other person arising
out of or in any way relating to the subject matter of any
reviews, acceptances, inspections, permissions, consents,
required approvals or determinations which must be obtained
from the Developer or from the County of Chesterfield,
Virginia, whether given, granted, or withheld.
-
4.15. Consents. Whenever any consent, approval or
the right to make any determination is required of or
reserved for the Developer pursuant to this Declaration,
unless expressly stated to the contrary, such consent,
approval or determination may be given, withheld or made by
the Developer upon any ground, including purely aesthetic
considerations, which in the sole and uncontrolled discretion
of the Developer shall seem sufficient. In the event a
written request for any such consent, approval or
determination (accompanied, where appropriate, by all
documents required to be delivered to the Developer in
connection therewith) is neither granted nor denied wi thin
thirty (30) days following the date of receipt by the
Developer of the request, the Developer shall be deemed to
have waived the requirement for its consent or approval or
waived its right to make a determination.
4.16. No Obligation. The provisions of paragraphs
1.6, 1.10, 2.4(b), 3.3, 3.6 and 4.9 of this Declaration shall
not be construed to create any obligation on the part of the
Developer to take any action in connection with the matters
set forth in such paragraphs.
-
4.17. Severability. Should any covenant herein
contained, or any article, section, subsection, sentence,
clause, phrase, or term of this Declaration be declared to be
void, invalid, illegal, or unenforceable, for any reason, by
the adjudication of any court or other tribunal having
jurisdiction over the parties hereto and the subject matter
hereof, such judgment shall in no wise affect the other
provisions hereof, which are hereby to be severable and which
shall remain in full force and effect.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
06-601
06/28/06
Mr. Miller excused himself from the meeting.
06SN0146
In Clover Hill Magisterial District, TROPICAL TREEHOUSE INC.
BY HENRY E. MCAULIFFE requests Conditional Use to permit
greenhouse and nurseries plus Conditional Use Planned
Development to permi t exceptions to Ordinance requirements
and amendment of zoning district map. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for medium density residential use of
1.51 to 4.0 units per acre. This request lies in an
Agricultural (A) District on 9.7 acres fronting approximately
360 feet on the east line of Courthouse Road approximately
470 feet south of Smoketree Drive. Tax IDs 745-700-1758 and
1872.
Ms. Jane Peterson presented a summary of Case 06SN0146 and
stated staff recommends denial because the proposed
commercial land uses do not conform to the Northern Area Plan
and are not representative of, nor compatible with, existing
and anticipated area development; the application fails to
address transportation issues; and the requested exceptions
are inappropriate for a growing commercial operation. She
further stated the Planning Commir3sion recommended approval
and acceptance of the proffered conditions, noting that the
business has existed for many years and has had no apparent
adverse impact on the area, and that the use provides a
service to area neighborhoods. She stated there was no
opposition at the Planning Commission meeting, and staff has
received one letter in support of the request.
Mr. Warren stated he has never had a complaint in the 16
years the business has operated by special exception.
Mr. Andy Scherzer, representing the applicant, provided
photographs depicting the beauty of the current facility. He
stated the proffered conditions maintain the existing
ambience, and requested that the Board approve the request as
recommended by the Planning Commission.
Mr. King called for public comment.
No one came forward to speak to the request.
After brief discussion relative to the beauty of the current
business, Mr. Warren made a motion, seconded by Mrs.
Humphrey, for the Board to apprOVE! Case 06SN0146 and accept
the following proffered conditions:
1. The Textual Statement, dated March 28, 2006, shall be
considered the Master Plan. (P)
2.
This Conditional
McAuliffe or
exclusively, and
the land. (P)
Use shall be granted to and for Gene
his immediate family and heirs,
shall not be transferable or run with
06-602
06/28/06
3. This Conditional Use shall be limited to the operation
of a retail and wholesale greenhouse and nursery. (P)
4. The hours of operation that the business will be open to
the public shall be limited to Monday through Saturday
from 9:00 a.m. to 8:00 p.m. and Sunday from 10:00 a.m.
to 5: 00 p. m. (P)
5 .
Except as noted below and in the Textual Statement dated
March 28, 2006, the existing facility shall be upgraded
and future expansions designed to conform to the
requirements of the Zoning Ordinance for General
Business (C-5) Districts in Emerging Growth areas. A
separate schedule for the implementation of these
improvements shall be submitted to the Planning
Department wi thin thirty (30) days of the approval of
this request:
,...--...
a. Screening
With the exception of mulch and gravel storage,
loading and unloading areas and 2 (two) storage
trailers if located behind the retail/office
building, all outside storage shall be screened in
accordance with the requirements of the Zoning
Ordinance.
b.
Continuous Outside Display
.~
There shall be no limitation on the quantity of
continuous outside display. Such display shall not
be required to be located under cover. There shall
be no minimum required setback for this display
from Courthouse Road.
Perimeter Landscaping
c.
Perimeter landscaping requirements adjacent to Tax
ID 745-700-2188 shall be modified to consist of, at
minimum, a row of evergreen plants that have a
mature growing height of at least ten (10) feet
with a spacing of no greater than ten (10) feet on
center.
d. Buffers
Buffer requirements adjacent to Tax ID 744-700-9828
shall be reduced to a minimum of ten (10) feet in
width as shall contain, at minimum, a row of mixed
evergreen plants that have a mature growing height
of at least ten (10) feet with a spacing of no
greater than ten (10) feet on center.
Buffer requirements adjacent to Heatheridge and
Briarcliff subdivisions shall conform to Ordinance
requirements for C-3 districts. (P)
,-
6. There shall be no access to the site from Mullenex Way.
(P)
7. Additional pavement and curb and gutter shall be
constructed across the front of the property as required
by the Transportation Department at such time as the
existing facility is expanded. (T)
Ayes: King, Humphrey and Warren.
Nays: None.
Absent: Barber and Miller.
06-603
06/28/06
Mr. Miller returned to the meeting.
06SN0162
In Bermuda Magisterial District, YI N&~ CHOU AND WAN FEN CHOU
requests rezoning and amendment of zoning district map from
Agricultural (A) to Community Business (C-3). The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The ComprE!hensive Plan suggests the
property is appropriate for mixed use corridor use. This
request lies in an Agricultural (A) District on 2.7 acres and
is known as 11860 Iron Bridge Road. Tax rD 776-653-9843.
,_?
Ms. Jane Peterson presented a summary of Case 06SN0162 and
stated staff recommends denial because the proposed zoning
and land uses do not conform to the Central Area plan and are
not compatible with anticipated area development. She further
stated the Planning Commission recommended approval and
acceptance of the proffered conditions, noting that the use
limitations were not a major deviation from the Plan.
Ms. Carrie Coyner, representing che applicant, stated the
proposed use for the property is not a major deviation from
the Plan. She further stated this area of the county needs
restaurants, and the community supports the proposal. She
requested the Board's approval.
Mr. King called for public comment.
No one came forward to speak to the request.
Mr. King stated he agrees that this area needs more
restaurants and that the proposed use does not deviate from
the plan.
Mr. King then made a motion, seconded by Mr. Warren, for the
Board to approve Case 06SN0162 and accept the following
proffered conditions:
The Owner-Applicant in this zonin9 case, pursuant to Section
15.2-2298 of the Code of Virginia (1950 as amended) and the
Zoning Ordinance of Chesterfield County proffers that the
development of the property known as Chesterfield County Tax
ID 776-653 -9843 -00000, (the "Property") under consideration
will be developed according to the following conditions. In
the event the request is denied or approved wi th conditions
not agreed to by the Owner-Applicant, these proffers and
condi tions shall be immediately null and void and of no
further force or effect.
In conjunction with this Rezoning application, the Applicant
hereby makes the following proffers:
1. Access. With the exception of a private driveway that
serves the existing residence, direct vehicular access
from the property to Route 10 shall be limited to one
(1) en trance / exi t. The exact location of thi s
entrance/exit shall be approved by the Transportation
Department. Prior to the issuance of a certificate of
occupancy for any development or redevelopment on the
06-604
06/28/06
property, as determined by the Transportation
Department, the private driveway shall be removed. (T)
2. Transportation. To provide an adequate roadway system,
the developer shall be responsible for the following
improvements:
a.
Prior to any site plan approval or wi thin sixty
(60) days of approval of this request, whichever
occurs first, 100 feet of right-of-way on the south
side of Route 10 measured from the centerline of
the road immediately adjacent to the property,
shall be dedicated, free and unrestricted, to and
for the benefit of Chesterfield County
-
b. Prior to the issuance of a certificate of occupancy
for any development or redevelopment on the
property, as determined by the Transportation
Department, an additional eastbound lane shall be
constructed along Route 10 for the entire property
frontage. (T)
3. Timbering. Except for the timbering approved by the
Virginia State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance
permi t has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. (EE)
-
4 .
Utilities. The public water and wastewater systems
shall be used. The Owner-Applicant shall connect to the
Piney Branch pump station when connection is available.
The Owner-Applicant may continue to use the existing
structure without connecting to the public water and
wastewater systems so long as no additional square
footage is constructed. (U)
5. Uses shall be limited to restaurant and those uses
permitted by right and with restrictions in a Corporate
Office (0-2) district. (P)
6. Architectural Compatibility. For the purposes of
architectural treatment, the property shall be
considered as part of a project consisting of this
property plus Tax IDs 777-653-9412 and all property
zoned Community Business (C-3) and Corporate Office (0-
2) in zoning case 06SN0196. (P)
7.
Sidewalks. A sidewalk shall be provided along the south
side of Ironbridge Road for the entire frontage of the
Property. The exact design and location of the sidewalk
shall be approved by the Transportation Department. To
the extent allowed by VDOT, the sidewalk may be located
within the public right of way. (T)
,..........
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
06-605
06/28/06
06SN0163
In Matoaca Magisterial District, SWIFT CREEK REALTY PARTNERS
LLC requests rezoning and amendment of zoning district map
from Agricultural (A) to Multifamily Residential (R-MF) with
Condi tional Use Planned Development to permit exceptions to
Ordinance requirements. Residential use of up to 10.0 units
per acre is permitted in a Multifamily Residential (R-MF)
District. The Comprehensive Plan suggests the property is
appropriate for mixed use corridor use. This request lies on
74.4 acres fronting approximately seventy (70) feet on the
north line of Cosby Road approximately 1,140 feet east of
Otterdale Road, also fronting approximately 910 feet on the
east line of Otterdale Road approximately 1,290 feet north of
Cosby Road. Tax IDs 711-671-8733; 712-671-5171; 712-672-
3060; 713-672-1358; and 713-673-Part of 1067.
Ms. Darla Orr presented a summary of Case 06SN0163 and stated
staff recommends approval subject to the applicant addressing
environmental and parking concerns. She further stated the
request complies with the Upper _ Swift Creek Plan, and the
proffered conditions adequately address the impact of the
development on necessary capital facilities. She stated a
proffered condition allows an option that the units within
the development may be designated as age-restricted uni ts,
and a reduced cash proffer is offer-ed for any of the age-
restricted uni ts. She further stated the request fails to
address water quality concerns relative to the retention of
existing on-site ponds, and staff is also concerned about the
requested exception to the number of parking spaces. She
stated the Planning Commission recomm.ended approval and
acceptance of the proffered conditions, indicating that the
water quality concerns could be addressed during the plan
review process.
Mr. John Cogbill, representing the applicant, provided
details of the proposed development, including numerous
amenities. He stated the proposal provides for $1.16 million
for transportation improvements at the issuance of the first
building permit, and an additional $1.16 million upon
issuance of the 131st building permit; includes additional
improvements for Otterdale Road; and provides for an east-
west connector road extending from Cosby Road High School to
Otterdale Road. He further stated there is no access to the
project from Otterdale Road, indicating that all access would
be from the east-west connector to be built across the
applicant'S property. He stated streams that feed into West
Branch Creek will all be treated in the regional BMP, and the
applicant has agreed to retain part of one of the farm ponds
to provide that all of the runoff from the property would go
through the regional BMP. He further stated, in addition to
the water quality improvements through the BMP, the applicant
would also be required to provide a 100-foot conservation
area on either side of West Branch Creek, if it is determined
to be a perennial stream, and to install a 15-foot buffer
along each side of the creek for the purpose of improving
water quality. He stated the applicant has provided ample
parking, with 1.5 parking spaces per dwelling unit for the
condominium uni ts , and two parking spaces per dwell ing uni t
for the other units, in addition to off-street parking in the
form of 9arages and available on-street parking. He further
stated this project will go a long way towards solving some
of the traffic issues in this area, particularly with
06-606
06/28/06
construction of the east-west connector. He requested the
Board's approval of the proposed development. He also
requested that the applicant be allowed to make this a gated
community with private roads, provide an additional amenity,
and security for the residents since it is an age-targeted
community.
Mr. King called for public comment.
-
Mr. Robert Elkin, a resident of Brandermill and Treasurer of
Hands Across the Lake, expressed concerns relative to the
impact of the development on the reservoir, indicating that
there is no watershed protection plan in place to protect the
reservoir. He inquired about the progress of developing a
plan to protect the watershed and suggested that the Board
defer this request until the plan is available.
Mr. McElfish stated source controls are currently being used
in this area, whereby developers address their own
phosphorous limitations, until the watershed protection plan
is in place. He further stated he does not know when the
watershed protection plan will be completed. He stated this
site drains into the one regional BMP that is under
construction and nearly complete.
-
Dr. Betty Hunter-Clapp, a resident of Clover Hill District
and member of Hands Across the Lake, stated all of the
acreage of this case drain into the regional pond and
inquired whether the pond is adequately sized to remove the
pollutants from the drainage area. She urged the developer
to leave the farm pond on the subject property. She
expressed concerns that the Upper Swift Creek plan is
outdated, the area has changed dramatically, and there is no
master plan for protection of the watershed.
Mr. Ted Lushch, a resident of Moseley, expressed concerns
relative to dangerous roads in the area of the proposed
development. He stated it is going to take approximately six
rezoning cases in the area to accumulate enough money to
improve Otterdale and Woolridge Roads. He expressed concerns
that if it takes a long time for the rezoning cases to be
approved, there will be thousands of additional automobiles
on these roads, many of which will be traveling north to
Route 288, and the roads still will not be improved. He
stated this is a good proposal and he does not oppose it, but
is requesting a deferral until the additional five or six
parcels can be looked at in a block to provide enough money
to improve the roads.
(~
Mr. Eric Hodges, President of the Foxcroft Homeowners
Association, stated it is imperative for the Board to work
wi th the residents, communi ties and developers to find the
funding to address transportation issues. He further stated
he supports Planning Commissioner Bass's attempts to bring
the developers together and help speed up the process for
improving the roads and making them safer. He stated the
widening of Woolridge Road is important for the safety and
well-being of residents in this area.
In response to Mr. Warren's question, Mr. Hodges stated he
does not necessarily think it is the role of a homeowners
association to take sides in a case like this, but to ask
06-607
06/28/06
everyone involved to reach out to one another, move forward
and turn this into a positive.
In response to Mr. Miller's qI..1E~stion, Mr. Hodges stated
Foxcroft does support the request.
Mr. Greg Blake, a resident of the Upper Swift Creek area and
regular user of Woolridge and Otterdale Roads, stated Mr.
Bass has set forth a plan with developers to provide
transportation proffers up front. He further stated, even if
all the developers provide cash proffers up front, there will
still be a shortfall for the completion of Ot terdale Road
improvements. He stated, if the county will commit now to
make up the difference, the project could move forward. He
expressed concerns that the densi ty of the proposed
development is significantly higher than any of the
surrounding communities. He reqw:sted that the Board defer
this request until it can be determined if the up-front road
proffers will be of benefit and the county more clearly
defines guidelines for the density levels that the applicant
proposes.
Ms. Kitty Snow expressed concerns relative to the number of
accidents at the intersections of Otterdale and Genito Roads
and requested that the Board defer this request until a
revised Upper Swift Creek Plan is in place.
Ms. Mandy Wilson, a resident who crosses the intersection of
Hull Street and Otterdale several times a day, expressed
concerns relative to middle school overcrowding and
inadequate roads in this area. She requested that the Board
defer this request until all of the developers come together
with a proposal or the county commits to improve the roads in
this area.
Mr. Peter Martin, a resident of Mount Hermon Road, stated he
opposes the request, indicating that the county needs
commercial development in this area rather than addi tional
residential development.
Mr. Don Hughes, a resident of the Matoaca District, stated he
supports the request because development is the only way to
acquire the money to pay for the nE~cessary road improvements.
Mr. Forest Clapp, a member of Hands Across the Lake,
expressed concerns that the master plan for watershed
protection has been rejected by the state. He requested that
the Board defer this request until a comprehensive plan has
been developed to protect the reservoir and its tributaries.
Ms. Marleen Durfee, representin9 the Responsible Growth
Alliance of Chesterfield, expressed concerns that the
Regional BMP Master Plan is still incomplete; streams in this
area are rated fair to poor, mostly poor; and the Department
of Environmental Quality has yet to determine whether all of --
the land will be mitigated. She also expressed concerns
relative to increased accidents and deaths on Otterdale and
Woolridge Roads. She stated the density of the proposed
development is a key issue, indicating that transitioning
from two units per acre to seven units per acre is a big
leap. She further stated the cumulative effect of the
agricultural rezonings in this area is going to be costly to
the county.
06-6.08
06/28/06
Mr. C. L. Morrissette stated there many new state laws that
will assist the county with road construction. He expressed
concerns that landowners lose a portion of their land upon
development because of open space and wetlands requirements.
He stated he supports the proposed request.
Mr. Tom Hokstra, President of the Woodlake Board of
Directors, expressed concerns relative to the traffic that
flows into the intersection that comes from Cosby Road into
Woodlake. He stated the proposed development will add
additional traffic to this dangerous intersection and does
not see the proposed east-west connector as a parallel and
alternate to Hull Street.
Ms. Andrea Epps stated she does not believe deferral of this
request would accomplish anything. She further stated,
although she does not like the fact that it takes development
to improve roads, it is better than having some of the road
condi tions that currently exist in the county. She stated
compact density is one of the fundamental principles of smart
growth, indicating that she thinks this is a good case and
the county should do everything possible to get necessary
road improvements without having to approve every
development.
There being no one else to speak to the request, the public
hearing was closed.
-
Mr. Cogbill stated the regional BMP that is under
construction will serve this property. He further stated Mr.
Bass has been working on a public-private partnership between
developers, citizens and the county to solve road issues in
this area, indicating that the developers of this proj ect
have been involved in that partnership. He suggested that
the speed limit on Otterdale be lowered to 25 miles per hour
with police enforcement as was done on pinetta Drive. He
stated this will be a quality project with facilities and
resources provided by the developer, the county and the
community. He again requested the Board's approval to allow
the developer to construct private roads and make the
proposed development a gated community.
In response to Mr. Miller's question, Mr. Cogbill stated the
proposed community is age-targeted, but the applicant is
reserving the right for all or part of the community to be
age-restricted. He further stated there is no deduction in
the cash proffer for the age-targeted community.
In response to Mr. Miller's question, Ms. Orr stated the
applicant has fully addressed the impact of the proposed
development on schools, as outlined in the addendum.
Mr. Warren inquired about the difference between the funding
necessary to address the infrastructure needs and the
transportation funding being provided by developers in this
area.
Mr. Cogbill stated he does not know what the difference in
funding would be, but Mr. Bass has been working with staff to
identify zoning cases that will provide road improvements on
Otterdale Road. He further stated Midlothian Turnpike was
improved in a piecemeal fashion, and developers have worked
06-609
06/28/06
conscientiously to improve the road frontage of the subj ect
property on Woolridge Road. He stated the developer is
partnerin9 with the county to address both water quality and
road improvements that meet the county's standards as set
forth by staff and approved by the Board.
Mr. Warren stated he would feel more comfortable if Otterdale
and Woolridge Roads were on the Six-- Year Plan.
In response to Mr. Warren's question, Mr. Cogbill stated the
regional pond will serve hundreds of acres, including the
subject property.
In response to Mr. King's question, Mr. McCracken stated
approximately one-third of the improvements to Woolridge and
Otterdale Roads have been proffered by other developers. He
further stated he sees no other way of getting these road
improvements unless the Board makes it a priority.
Discussion ensued relative to tht? cost of the total road
improvements necessary for this area.
Mr. McCracken stated staff's biggest concern is to get the
causeway section of Woolridge Road constructed first because
this is the area of heaviest traffic.
Mr. Warren inquired whether staff would recommend that the
Woolridge Road causeway be included in the Six-Year Plan.
Mr. McCracken stated, when the reservoir was built in 1965,
the county chose not to upgrade Woolridge Road at that time
as the state requested. He further stated there is an
agreement from 1965 that specifies, if the road is upgraded,
it will not be eligible for secondary road funds. He stated
the county would have to discuss ~li th VDOT the possibi Ii ty of
changing that agreement.
In response to Mr. Warren's question, Mr. McCracken stated he
is not opposed to placing both Woolridge and Otterdale Roads
in the Six-Year Plan; however, the Board must decide if this
is going to be a higher priority than some of the other
projects that have been identified for years.
Mr. Warren suggested the possibility
the next bond referendum bei.ng
improvements.
of a larger portion of
allocated for road
In response to Mrs. Humphrey's question, Mr. McCracken stated
the Woolridge Road proj ect wi thin the causeway has been in
the Capital Improvement plan for at least ten years.
Discussion ensued relative to the anticipated timeline for
completion of the revised Upper Swift Creek Plan and the
applicant's request to make the proj ect a gated communi ty
with private roads.
Mr. Cogbi 11 stated the applicant is asking the Board to
delete Proffered Condition 13, which requires public streets.
He further stated the proposed connector road will be a
public roa.d built to state standards, and the Otterdale Road
improvements will also be built to state standards.
06-61.0
06/28/06
Mr. Cogbill stated the county can be assured that it will not
be asked to take the private roads into the state system
because they will be governed by the Condominium Act. He
further stated the street widths will not change.
<-
Mr. McCracken stated staff recommends that the Board deny the
applicant's request to construct private roads. He further
stated staff has worked closely with VDOT to acquire
standards that will allow the type of development the
applicant is proposing, and he cannot see a circumstance
where the quality of the streets should be less than what
VDOT standards require. He stated staff would gladly assist
the developer in obtaining an exception to VDOT requirements,
if necessary.
Ms. Orr stated the zoning ordinance requires a second road
access in multi-family developments with more than 50 units
and also additional public accesses with more than 200 units.
She further stated the applicant has not requested an
exception to seek relief from this standard, indicating that
staff recommends that accesses should be kept open.
Mr. Cogbill stated the applicant would not propose to deviate
from the access requirements.
Discussion ensued relative to emergency access to gated
communities.
Mr. Warren stated he has visited many gated communities
around the state, indicating that they provide security for
the residents, and agreements can be worked out with the
jurisdictions to provide public safety protection to the
residents.
Mr. Miller expressed concerns relative to the risks involved
with allowing private roads.
In response to Mr. King's question, Mr. Cogbill stated the
applicant will continue to work wi th Transportation staff
regardless of the Board's decision relative to gating the
community and constructing private roads.
Mrs. Humphrey stated she does not want to delete Proffered
Condition 13.
Mr. Turner stated the applicant has withdrawn Proffered
Condition 13 from consideration.
Mr. Cogbill stated the applicant would accept approval of the
case with all of the proffered conditions.
Mrs. Humphrey then made a motion for the Board to approve
Case 06SN0163 and accept the proffered conditions, including
Proffered Condition 13.
No one seconded Mrs. Humphrey's motion.
Mr. Miller made a substitute motion for the Board to defer
Case 06SN0163 until August 23, 2006.
Mr. Warren seconded Mr. Miller's substitute motion.
06-611
06/28/06
Mr. King stated he does not fully understand the
transportation issues and wants to further discuss them with
Mr. McCracken.
Mr. Warren stated he wants to talk: to Mr. Bass regarding the
water quality issues.
Mrs. Humphrey withdrew her motion for approval of Case
06SN0163.
Mr. Cogbill inquired whether the Board would consider a 30-
day deferral since the request has been pending for some
time.
Discussion ensued relative to the possibili ty of addressing
the issues within 30 days.
Mr. Miller withdrew his substitute motion.
Mr. Warren agreed to withdrawal of the substitute motion.
Mr. Miller then made a motion, seconded by Mr. Warren, for
the Board to defer Case 06SN0163 until July 26, 2006.
Discussion ensued relative to whether or not the public
hearing should remain open.
Mr. Micas stated if the Board closes the public hearing, they
lose the flexibility of considering changes to the case. He
clarified that the motion on the table would not close the
public hearing.
Mr. King called for a
seconded by Mr. Warren,
until July 26, 2006.
vote on the motion of Mr. Miller,
for the Board to defer Case 06SN0163
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
Mr. King requested a brief recess.
Reconvenin9:
06SN0196
In Bermuda Magisterial District, PRINCETON PROPERTIES, INC.
requests rezoning and amendment of zoning district map from
Agricultural (A) and Residential (R-15) to Residential
Townhouse (R-TH) with Conditional Use Planned Development of
38.0 acres; Agricultural (A) to Corporate Office (0-2) of 2.2
acres; Corporate Office (0-2) to Community Business (C-3) of
6.4 acres; and Corporate OfficE! (0-2) to Multifamily
Residential (R-MF) of 1.0 acre. Residential use of up to 8.0
units per acre is permitted in a Residential Townhouse (R-TH)
District. The density of such amendment for Corporate Office
(0-2) and Cormnuni ty Business (C-3) uses will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggE~StS the property is appropriate for mixed use
corridor and community mixed use uses. This request lies on
06-612
06/28/06
47.6 acres fronting approximately 440 feet in two (2) pla~es
on the south line of Iron Bridge Road, also front1ng
approximately 300 feet on the east line of Edenshire R~ad and
fronting approximately 250 feet on the south l1ne of
Rivington Drive and located in the southeast quadrant of the
intersection of these roads. Tax IDs 776-652-0051, 1462,
2477, 3293 and 7829; 777-652-3981 and Part of 6715; and 777-
653-3211.
Ms. Peterson presented a summary of Case 06SN0196.
Mr. King stated he realized during the discussion of Case
06SN0163 that there are some issues he needs to work through
regarding this request.
Mr. Ed Kidd, representing the applicant, stated he supports a
30-day deferral.
Mr. King requested a deferral until July 26, 2006.
Mr. King then called for public comment.
No one came forward to speak to the deferral.
On motion of Mr. King, seconded by Mr. Miller, the Board
deferred Case 06SN0196 until July 26, 2006.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
,~
06SN0276
In Bermuda Magisterial District, ELLMER PROPERTIES
CHESTERFIELD LLC requests Conditional Use Planned Development
and amendment of zoning district map to permit exceptions to
Ordinance requirements relative to signage. The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for general commercial use. This
request lies in a General Business (C-5) District on 9.3
acres fronting approximately 930 feet on the east line of
Interstate 95 approximately 1,350 feet south of Ruffin Mill
Road. Tax ID 804-637-7909.
Ms. Peterson presented a summary of Case 06SN0276 and stated
staff recommended denial, indicating that the current sign
standards provide adequate identification for uses on the
property and approval of the request could encourage other
businesses to seek similar exceptions. She further stated
the Planning Commission recommended approval subject to one
condition.
In response to Mr. Miller's question, Ms. Peterson stated the
applicant is requesting signage up to 163 square feet in area
and 48 feet in height. She further stated the sign at the
adjacent automobile dealership was permitted at 100 square
feet in area and 30 feet in height.
Mr. John Cogbill, representing the applicant, stated the
applicant is requesting one larger sign, indicating that the
adjacent Honda dealership requested two signs, totaling 150
06-613
06/28/06
square feet. He noted the proposed sign height is due to the
visibility issues along Interstate 95, and will allow for
timely exits off of the interstate.
Mr. King called for public comment.
No one came forward to speak to the request.
Mr. King stated the county has done a great job along this
corridor, and he believes signage is irnportant for business.
Mr. King then made a motion for the Board, seconded by Mr.
Warren, for the Board to approve Case 06SN0276 subject to one
condition.
Mr. Miller expressed concerns relative to permi tting larger
and larger signs, but indicated that he would support the
motion.
Mr. King called for a vote on his motion, seconded by Mr.
Warren, for the Board to approve Case 06SN0276, subject to
the following condition:
The sign shall not exceed the limi tations outlined in the
Textual Statement dated March 15, 2006, relative to size and
height. All other requirements of the Ordinance relative to
signage shall apply. (P)
Ayes : King, Miller, Humphrey andll\1arren.
Nays: None.
Absent: Barber.
Mr. King made a motion, seconded by Mr. Miller, for the Board
to suspend its rules to allow for consideration of agenda
items after 11:00 p.m.
Ayes: King, Miller, Humphrey and lNarren.
Nays: None.
Absent: Barber.
16. PUBLIC HEARINGS
16.A. TO CONSIDER AMENDMENTS TO SUBDIVISION AND ZONING
ORDINANCE RELATING TO FEES
Mr. Carl
advertised
amendments
to fees.
Schlaudt stated this date and time has been
for a public hearing for the Board to consider
to the Subdivision and Zoning Ordinance relating
Mr. King called for public comment.
No one cam-= forward to speak to the ordinance amendments.
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following ordinance:
~J ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 17-11 RELATING TO
SUBDIVISION FEES SECTION 19-25 RELATING TO
06-614
06/28/06
ZONING, SITE PLAN AND OTHER PLANNING FEES, SECTION 19-264
RELATING TO SITE PLANS, AND DELETING SECTION 19-279
RELATING TO SITE PLAN FEES
(1) That Sections 17-11, 19-25, and 19-264 of the Code of
the County of Chesterfield, 1997, as amended, are amended and
re-enacted, and section 19-279 is deleted, all to read as
follows:
-
Sec. 17-11. Fees.
In addition to any other fees required by the county,
fees shall be payable to the county treasurer and submitted
to the planning department upon filing the following
applications:
(a) Alternatives to chapter per ~17-8 . . . $380.00
Plus any applicable plat review fee
(b) Appeal of decision of director of planning
$290.00
(c) Deferral request by applicant for planning
commission consideration of plat, per request:
(1) 40 or fewer days. . . $250.00
(2) More than 40 days. . . $150.00
(d) Final check, amended and resubdivision plat review:
(1) Final check subdivision plat review
$720.00
(Only one base fee will be required for final
check plats required to be submitted in
multiple sections per ~17-42.)
Plus, per lot. . . $10.00
(2) Final check resubdivision plat review
$560.00
Plus, per lot. . . $10.00
(3) Final check amended plat review. . . $330.00
Plus, per lot . .
$10.00
(e) Minor subdivision plat review .
$330.00
(f) Onsite sewage disposal system soils
review, per lot/parcel. . . $155.00
analysis
-
(g) Parcel line modification review, per parcel
$25.00
(h) Residential parcel subdivision, per parcel
$35.00
(i) Tentative subdivision approval, or resubmittal of
an expired previously approved tentative:
(1) Original submittal, renewal of previously
approved tentative plat or adjusted tentative
06-615
06/28/06
plat for previously approved tentative plat,
including up to two resubmittals . $330.00
Plus, per lot .
$20.00
(2) Third and subsequent submittal, per submittal
. . . $220.00
(3) Substitute
submittal .
to approved
. $60.00
tentative,
per
(j) Townhouse plan transfer to electronic format per
~17-32(d) . . . $75.00
(k)
Written verification of
subdivision interpretation
subdivision
. . $75.00
or
written
Sec. 19-25. Fees.
In addition to any other fees required by the county,
fees shall be payable to the county treasurer and submitted
to the planning department upon filing the following
applications:
(a) Amend condition of zoninu, other than condi tion of
planned development:
(1) Per first two conditions:
a. Any request for R, R-TH, R-MF I MH or A
uses .. $2,800.00
Each additional condition thereafter .
. $700.00
b. Any request for 0, I or C uses
$1,440.00
Each additional condition thereafter .
. $360.00
(b) Appeal to board of zonin9 appeals per ~19-2l .
$1,200.00
(c) Building and sign permit :n?view:
(1) Any building permit application for a new
single family dwelling or for each unit of a
new two-family dwelling. . . $25.00
(2) Sign Permits:
a.
Temporary signs,
through ~19-650.
as permitted by ~19-631
$60.00
b.
All other siqns for
permits are required .
which building
. $100.00
(d) ConcH tional uses and manufactured home permi ts:
(1) Manufactured home pe:cmi ts:
a.
New. .
$550.00
b.
Renewal
. . $250.00
06-616
06/28/06
(2) Family day care homes:
a.
Existing zoning R,
classification .
R-TH, R-MF, MH or A
$250.00
b. Existing zoning 0, I, or C classification
. $230.00
(3) Planned development:
.,~
a. without zoning reclassification:
(i) Any request for R, R-TH, R-MF, MH or
A uses $4,500.00
Plus, per acre . $45.00
(ii) Any request for 0, I, or C uses
. $2,260.00
Plus, per acre .. $10.00
b. With zoning reclassification:
(i) Rezoning for any R, R-TH, R-MF, MH
or A use . $5,100.00
Plus, per
acres
acre for
$95.00
the
first
200
Plus, per acre over 200 acres .
$45.00
(ii) Rezoning for any 0, I, or C use
$2,530.00
Plus,
acres
per acre for
. $60.00
the
first
200
Plus, per acre over 200 acres .
$20.00
c. Amend condition of planned development to
include a condition of a textual
statement, per first two conditions:
(i) Any request for R, R-TH, R-MF, MH or
A uses $2,800.00
Each additional condition thereafter
. $700.00
(ii) Any request for 0, I, or C uses .
. $1,440.00
-
Each additional condition thereafter
. $360.00
(4) All others:
a. Any request for R, R-TH, R-MF, MH or A
uses .. $2,200.00
Plus, per acre.. $95.00
06-617
06/28/06
b. Any request for 0, I or C uses
$1,130.00
Plus, per acre .
$30.00
(e) Deferral/remand requests by the applicant, per
request:
(1) Remand request to planning commission:
a.
Any reques t
uses
fee
for R, R-TH, R-MF, MH or A
50 percent of original case
b.
Any request for 0 I, or C uses .
fee
. No
(2) Deferral of 40 or fewer days:
a. Rezoning, substantial accord, conditional
use, conditional use planned development
or special exception:
i. Any request :Eor R, R-TH, R-MF, MH or
A uses. $500.00
ii. Any request for 0, I, or C uses .
. $230.00
b. Modification to development standards,
variance, appeal decisions to the board
of zoning appeals or planning commission
consideration of site or schematic plans:
i. Any requE!st for R, R-TH, R-MF, MH or
A uses . :;;250.00
ii. Any request for 0, ~, or C uses .
. $230.00
(3) Deferrals of more than 40 days:
a. Rezoning, substantial accord, conditional
use, conditiona.l use planned development
or special exception:
1. m~y request for R, R-TH, R-MF, MH or
A uses. $250.00
11 . m~y request Eor 0, I, or C uses .
. $130.00
b. Modification to development standards,
variance, app E:! a 1 deci sions to the board
of zoning appeals or planning commission
considl:=ration of site or schematic plans:
i. Any request R, R-TH, R-MF, MH or A
uses. . $1:;0,00
ii. Any request 0, I, or C uses
$130.00
(f) Enterprise zone fee exemptions:
06-618
06/28/06
(1) For any office, commercial or industrial use
within an enterprise zone designated by the
Commonwealth of Virginia, no application fee
shall be required for the following actions,
provided the director of planning determines
that the request is in compliance with the
comprehensive plan:
,-. a.
b.
c.
d.
e.
Amend a condition of zoning
Conditional use or planned development
Deferral
Sign permit
Site
plan,
plan
plan review, resubmittal of site
or adjustment to an approved site
f. Substantial accord determination
g. Zoning reclassification
This exemption shall continue for the life of
the enterprise zone. The fee exemption for the
Jefferson Davis Highway Enterprise Zone
expires on December 31, 2014. The fee
exemption for the Walthall Enterprise Zone
expires on December 31, 2016.
(g) Modifications
requirements:
to
development
standards
and
(1) Any request for R, R-TH, R-MF, MH or A uses .
$300.00
(2) Any request for 0, I or C uses .
$240.00
(h) Resource protection
235(b)(2):
area
exceptions
per
Si19-
( 1)
Exception for one lot or
intended to be used for
dwelling and accessory uses.
parcel used or
a single family
.$300
(2) All other exceptions.
.$1,500
(i) (1) Schematic plan for non-residential uses .
$1,080.00
Plus, per acre for the first 50 acres
$50.00
-
Plus, per acre over 50 acres .
. $20.00
(2) Amendment of approved schematic plan for non-
residential uses. $240.00
(3) Schematic plan for residential uses
$1,800.00
Plus, per acre for the first 50 acres
$70.00
Plus, per acre over 50 acres .
. $40.00
06-619
06/28/06
(4) Amendment of approved schematic plan for
residential uses . $380.00
(j) Site plan reviews:
(1) Non-residential uses:
a.
b.
c.
Original submi ttal,
resubmittals .
inc 1 uding up to two
$860.00
Plus, per acre
. $60.00
Third and
resubmittal
subsequent resubmittals,
. $290.00
per
Adjustment to approved
submittal or rE!submittal
site plan, per
$290.00
(2) Residential uses:
a.
b.
c.
Original subIni ttal,
resubmittals .
inc luding up to two
$1,400.00
Plus, per acre
. $90.00
Third and
submittal .
subsequent resubmittals,
$480.00
per
Adjustment to approved
submittal or rE~submittal
site plan, per
$480.00
(3) Plan transfer to E:lect.ronic format per ~19-
264(f) . $75.00
(4) Appeal of decision of director of planning
relating to site plans
(1) For non-residential uses
. $240.00
(2) For residential uses .
$380.00
(k) Special exceptions:
(1) Manufactured home, temporary:
a.
New .
$550..00
b.
Renewal
. :?250.00
(2) All others:
a. Where all acti vi ty associated with the
request, except for the parking of
passenger vehicles, is confined to the
livin9 area of a dwelling . $1,000.00
b.
Where any activity associated with
request, except for the parking
passenger vehicles, is not confined
the living area of a dwelling
$1,500.00
the
of
to
(3) Amend condition of special exception:
a.
Per first two conditions .
. $600.00
06-.620
06/28/06
b.
Each condition thereafter
. $150.00
(I) Substantial accord determinations:
(1) Existing zoning R,
classification:
R-TH,
R-MF,
MH or A
a.
Planning commission
$3,100.00
hearing
.,.........
b.
Administrative
$450.00
determination
(2) Existing zoning 0, I or C classification:
a.
Planning commission
$1,540.00
hearing
b.
Administrative
$240.00
determination
(m) Variances:
(1) Setback variance requests to the board of
zoning appeals:
a.
First ordinance
varied from .
section
$200.00
or
subsection
b. Each additional ordinance section or
subsection varied from . $100.00
(2) Variances, administrative:
a.
First ordinance
varied from .
section
. $200.00
or
subsection
b.
Each additional ordinance
subsection varied from .
section
$100.00
or
(3) Variances, all other:
a. For any R, R-TH, R-MF, MH or A use:
(i)
First ordinance
subsection varied from
section or
. $300.00
(ii) Each additional ordinance section or
subsection varied from . $100.00
b. For any 0, I, or C use:
(i)
First ordinance
subsection varied from
section or
. $600.00
(ii) Each additional ordinance section or
subsection varied from. $100.00
(n) Zoning certificate, written verification of non-
conforming use or written zoning interpretation .
. $75.00
(0) Zoning reclassification:
(1) Without conditional use planned development:
06-621
06/28/06
a.
Rezoning to R,
classification
R-TH, R-MF, MH or A
. $2,800.00
Plus, per acre for the first 200 acres .
. $95.00
Plus, per acre over 200 acres
$45.00
b. Rezoning to 0, I, or C classification .
. $1"140.00
-,'
Plus, per acre for the first 200 acres .
. $SO.OO
Plus, per acre over 200 acres
$20.00
(2) With conditional use
anned development:
a.
Rezoning
use.
for any R,
$5,100.00
R-TH,
R-MF,
MH or A
Plus, per aCrE! for the first 200 acres .
. $95.00
Plus, per acre over 200 acres
$45.00
b. Rezoning for any 0, I, or C use.
$2,530.00
Plus, per acre for the first 200 acres .
. $60.00
Plus, per acre over 200 acres
$20.00
Sec. 19-2:64. Preparation and submission of site plans.
000
(f) After site plan approval other than minor site plan
and improvement sketches and prior to the issuance
of a land disturbance permit, the property owner or
his agent shall deliver to the director of
environmental engineering in electronic format such
as DXF for AutoCADD, or other electronic format
acceptable to the director, the following
information: (i) proposed contours for the approved
si te plan, (ii) boundaries of all impervious areas
for the approved site plan and (iii) delineation of
storm sewer lines and associated structures for the
approved site plan. In lieu of the foregoing, the
property owner or his agent may submit the required
information in a non-electronic format upon payment
to the environmental engineering department of the
fee stated in ~ 19-25 to reimburse the county's
costs of transferring the information to the
required electronic format.
Secs. 19.-279 - 19-300. Reserved.
06-622
06/28/06
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
16. B. TO CONSIDER APPROPRIATION OF ROAD CASH PROFFER FUNDS
FOR THE DESIGN, RIGHT-OF-WAY ACQUISITION AND
CONSTRUCTION OF TWO SEPARATE PROJECTS: NEWBY'S BRIDGE
ROAD REALIGNMENT AND TURN LANE PROJECT AT JACOBS ROAD
AND MCENNALLY ROAD RECONSTRUCTION PROJECT
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider appropriation of
road cash proffer funds for the design, right-of-way
acquisition and construction of the Newby's Bridge Road
Realignment and Turn Lane proj ect at Jacobs Road and the
McEnnally Road Reconstruction Project.
Mr. King called for public comment.
No one came forward to speak to the issue.
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
appropriated $633,724 in road cash proffer funds from Traffic
Shed 7 for the Newby's Bridge Road Realignment and Turn Lane
at Jacobs Road Project; transferred $121,000 in road cash
proffer funds from the Newbys Bridge (Walmsley to Falling
Creek) Project to the Newbys Bridge Road Realignment and Turn
Lane at Jacobs Road Project; authorized staff to proceed with
the right-of-way acquisi tion, including advertisement of an
eminent domain public hearing if necessary; and appropriated
$770,000 in road cash proffers from Traffic Shed 12 for the
McEnnally Road Reconstruction Project.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
16.C. TO CONSIDER THE FY2007 THROUGH FY2012 SECONDARY ROAD
SIX- YEAR IMPROVEMENT PLAN; FY2007 SECONDARY ROAD
IMPROVEMENT BUDGET; PROJECT DEVELOPMENT SCHEDULE FOR
CHESTERFIELD ROAD FUND; DESIGNATION OF FY2007
CHESTERFIELD ROAD FUND PROJECTS; AND TRANSFER OF FUNDS
-
Mr. Stan Newcomb stated this date and time has been
advertised for a public hearing for the Board to consider the
FY2007 through FY2012 Secondary Road Six-Year Improvement
Plan; FY2007 Secondary Road Improvement Budget; Project
Development Schedule for Chesterfield Road Fund; designation
of FY2007 Chesterfield Road Fund proj ects; and transfer of
funds. He recognized Mr. Dale Totten, Virginia Department of
Transportation's resident engineer for the county, who was
present at the meeting. He stated the Board has already been
informed of the 47 percent reduction in VDOT revenue to the
county.
Mr. King called for public comment.
06-623
06/28/06
Ms. Kitty Snow expressed concerns relative to the Board
approving new homes in the Upper Swi ft Creek area, but not
providing funding for transportation in this area. She
expressed concerns relative to the time it takes for public
safety vehicles to reach Moseley residents and the number of
accidents and fatalities that have occurred in this area.
Mr. Ted Lusch, a resident of Moseley, stated the only project
nort.h of Route 360 in the Six-Year Plan is the realignment of
a curve on Woolridge Road. He further stated he would like
to see both Woolridge and Otterdale Roads placed on the Six-
Year Plan. He provided suggestions fo~r reducing accidents at
the Genito/Otterdale Roads intersection, including mowing the
overgrown, vacant lot .at the southeast corner of the
intersection to provide better visibility; placing rumble
strips on Otterdale Road prior to the intersection; and
installing a warning light at the intersection, blinking
yellow on Genito and red on Otterdale.
Ms. Stacey White, newly elected president of the Hampton Park
Board of Directors, requested that the Board reconsider
adding Otterdale and Woolridge Roads to the Six-Year Plan and
perhaps reprioritize the allocated funds necessary to bring
these secondary roads to even better compliance with state
standards.
Mr. Greg Blake requested that the Board place Otterdale and
Woolridge Roads back on the Si:x- Year Plan. He provided
details of recently approved developments, resulting in
13,415 new homes impacting Otter-dale and Woolridge Roads,
indicating that the county must corn.rni t now to supplying the
remaining funds needed to improve these roads.
Mr. Peter Martin expressed concerns relative to providing
sidewalks in Bon Air when county roads are in such bad
conditions. He requested that Otterdale and Woolridge Roads
be placed on the Six-Year Plan.
Mr. Tom Hokstra, representing the Woodlake Board of
Directors, expressed concerns that Woolridge Road and Hull
Street are not currently in the Six-Year Plan. He stated he
is disappointed that improvement of the curve by Crown Point
Road has been deferred. He further stated he is happy with
the temporary three-lane improvement in Hull Street and that
the county has provided massive support for the four lanes
east and west from Spring Run to Swift Creek, but expressed
concerns relative to improvements that are needed on Hull
Street between Winterpock and Spring Run Roads. He urged the
Board to deal with both of these transportation issues.
Ms. Mandy Wilson expresse~d concerns that there are virtually
no secondary road improvements included for the fastest
growing area of the coun'ty and requested that Otterdale and
Woolridge Roads be added to the Six-Year Plan in the highest
priority position.
Mr. Wayne Bass, Matoaca District Planning Commissioner,
expressed concerns that the $17 million in state funding over
the next six years will provide only 2.5 miles of pavement.
He stated he does not think the county is getting its fair
share of state transportation funding, noting that
Chesterfield produced more roads than any other county in the
06..624
06/28/06
state last year. He further stated proffers will pay for a
lot of new road construction in this area.
Mr. King inquired how Mr. Bass proposes to acquire the
revenue to construct transportation projects.
Mr. Bass stated, if zoning cases are worked properly, the
county will get a lot of road projects constructed. He
expressed concerns that it will take many 200-acre
developments to acquire enough cash proffers to pay for the
necessary road improvements.
Ms. Marleen Durfee, representing the Responsible Growth
Alliance, expressed concerns relative to public safety issues
on Otterdale and Woolridge Roads, indicating that they should
be the number one priority on the Six-Year Plan. She stated
future state funding will be provided for maintenance rather
than construction, indicating that the county must either
devise a transportation system or manage its growth. She
expressed concerns relative to providing funding for
sidewalks rather than addressing the public safety of
congested roads.
,........,
Mr. Kirk Castle, a resident of Summerlake, stated his wife
died in October 2005 as a result of injuries sustained in an
accident on Otterdale Road. He further stated Otterdale is a
very dangerous road with no shoulders, indicating he goes out
of his way to bypass it. He stated a traffic light is
desperately needed at the intersection of Otterdale and Hull
Street Roads. He requested that the Board address the road
issues in this area so that another family does not have to
go through the pain his family has had to endure.
Mr. Warren commended Mr. Castle for his courage in addressing
the Board regarding this issue.
There being no one else to speak to the issue, the public
hearing was closed.
In response to Mrs. Humphrey's questions, Mr. McCracken
stated the Board could chose to appropriate secondary road
funds or general funds to the Otterdale/Woolridge Causeway
Improvement Project. He further stated, if the project was
included in the Secondary Six-Year Plan, the VDOT process
would be required to construct the road.
Mrs. Humphrey expressed concerns that use of the VDOT process
would make the Otterdale/Woolridge Road Project cost twice as
much and take twice as long to complete. She stated it is an
advantage not to have the project in the Six-Year Plan.
Mr. McCracken s ta ted whenever the county can manage a road
project with local dollars or with the development community,
there will be efficiencies that wouldl not be recognized with
the use of VDOT funding.
Mrs. Humphrey stated the Otterdale/Woolridge Road Project is
not on the list because it is being fast-tracked.
Discussion ensued relative to the Bon Air Sidewalk Project.
Mr. McCracken stated the sidewalk project has already been
awarded by the state.
06-625
06/28/06
There was brief discussion relative t:o the various funding
sources for the Halloway Avenue Sidewalk Project.
Mr. Miller expressed conCE~rns that the county will never be
able to address all thE~ necessary road improvements by
building more homes and acquirinq more road funding from
developers.
Mr. King stated he concurs with Mr. Miller and the county
cannot address its transportation issues through growth.
Mr. Warren stated it is clear to him that a public-private
partnership will be necessary to improve Otterdale and
Woolridge Roads. He expressed concerns that there is no
funding in the Six-Year Plan for this area, which is the
fastest growing area in the county. He stated he would like
to see staff come up with an approach for the Board, as
policymakE~rs r to help address these road issues.
Mr. Miller expressed concerns that transportation dollars are
shrinking, even though the state budget continues to
increase.
Mr. Miller then made a motion, seconded by Mr. King, for the
Board to adopt the following resolution:
WHEREAS, the Code of Virginia requires the Secondary
Six--Year Improvement Plan be revised on a biannual basis; and
WHEREAS, the Virginia Department of Transportation
(VDOT) has not provided rE!liable :r:-evenue proj ections; and
-~
WHEREAS, the absenc1e of n~liable revenue proj ections
makes the development of a Plan meaningless; and
WHEREAS, the state cont,inues to ignore its
responsibility to provide a safe and efficient transportation
system; and
WHEREAS, the Chesterfield County Board of Supervisors
and VDOT have conducted a public hearing, as mandated, on the
FY07 through FY12 Secondary Road Six.- Year Improvement plan
based on uncertain and inadequate revenue projections
provided by VDOT; and
WHEREAS, the Board concurs vvi th the proposed proj ects
identified in the Plan.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors approves the FY07 through FY12
Six-Year Secondary Road Improvement Plan as presented by VDOT
and requests that any sigrnificant revisions made to the plan
following the adoption of a state budget be presented to the
Board for its concurrence.
And, further, the Board adopted the following resolution:
WHEREAS, the Code of Virginia. requires the adoption of a
Secondary Road Improvemen't Budget on an annual basi s; and
06-626
06/28/06
WHEREAS, the Virginia Department of Transportation
(VDOT) is unable to provide reliable revenue allocation for
FY07; and
WHEREAS, the VDOT has submitted its proposed FY07
Secondary Road Improvement Budget to the county based on an
uncertain and inadequate revenue allocation; and
WHEREAS, the Budget reflects the implementation of the
first year of the FY07 through FY12 Six-Year Improvement Plan
adopted by the Board.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors approves the FY07 Secondary Road
Improvement Budget as presented by VDOT and requests that any
significant revisions to the Budget be presented to the Board
for its concurrence.
And, further, the Board adopted the following resolution:
WHEREAS, Section 33.1-75.1 of the Code of Virginia
permits the Commonwealth Transportation Board to make an
equivalent matching allocation to any county for designation
by the governing body of up to $500,000 of funds received by
it during the current fiscal year pursuant to the "State and
Local Fiscal Assistance Act of 1972" for use by the
Commonwealth Transportation Board to construct, maintain, or
improve primary and secondary highway systems wi thin such
county;
-
WHEREAS, the Chesterfield County Board of Supervisors
has appropriated $1 million for the Chesterfield Road Fund
with the adoption of the FY07 Appropriation Resolution;
WHEREAS, the Virginia Department of
(VDOT) has notified the county that $1 million
amount of Chesterfield County funds that will
the state during FY07.
Transportation
is the maximum
be matched by
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors has appropriated $1 million for
the FY07 Chesterfield Road Fund (Revenue Sharing Program) .
BE IT FURTHER RESOLVED, that the matched funds shall be
allocated to the following projects:
$192,840
Newbys Bridge Road (Walmsley Blvd. to
Falling Creek): Preliminary Engineering,
Right-of-way, and Construction ($96,420
VDOT and $96,420 county)
$1,807,160
Old Bon Air Road at Groundhog Drive:
Preliminary Engineering, Right-of-way and
Construction ($903,580 VDOT and $903,580
county)
And, further, the Board approved the FY2007 through FY2012
Chesterfield Road Fund Project Development Schedule;
transferred, from the FY2007 adopted revenue sharing account,
$96,420 to the Newbys Bridge Road (Walmsley Boulevard to
Falling Creek) Project and $903,580 to the Old Bon Air Road
at Groundhog Drive Project; and authorized the County
Administrator to enter into the customary Virginia Department
06-627
06/28/06
of Transportation/county/consultant/contractor, design,
right-of-way acquisition, environmental permits, and/or
cons truction agreements, acceptabV~ to the County Attorney,
for the projects indicated in the Plan.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
16.D. TO :REVISE SCHOOL BOARD OPERATING FUND APPROPRIATIONS
Mr. Carmody stated this date and time has been advertised for
a public hearing for thE:'! Board to consider revisions to
appropriations in the School Board Operating Fund.
Mr. King called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Miller, seconded by Mr. Warren, the Board
increased the appropriations in tnl:? School Operating Fund by
$3,459,000 as outlined in the papers of this Board.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
Mrs. Humphrey excused herself from the meeting.
16.E. TO CONSIDER FY2006 YEAR END ADJUSTMENTS
Mr. Carmody stated this date and time has been advertised for
a public hearing for the Board to consider FY2006 year-end
adjustments. He noted approval of the item would set aside
funds to allow the transfer stations to remain open seven
days a wE!ek, and both Mr. King and Mr. Miller requested
during thE! Budget and Audit Session that the Board consider
adjusting the weekday evening hours at transfer stations to
remain open until 7:00 p.m., which is the time that they were
open before actions taken with adoption of the FY2007 budget.
He stated, with the Board's approval, staff will proceed with
the change and adjust the FY2007 budget. accordingly.
Mr. King called for public comment.
No one came forward to speak to the issue.
Mr. Miller made a motion, seconded by Mr. King, for the Board
to apprOVE! the requested FY2006 Year End Adjustment Actions,
to includE:'! transfer station hours seven days per week, and
adjusting the weekday evening hours t.o remain open until 7: 00
p.m.
Mr. King called for a vote on the motion of Mr. Miller,
seconded by Mr. King, for the Board to appropriate revenues
and expenditures for specific programs as well as authorized
reallocations among general fund departments and related
funds as outlined in the papers of this Board; appropriate
revenues and expenditures and authorize other adjustments for
specific programs, projects, and non-general fund departments
06-628
06/28/06
as outlined in the papers of this Board; and authorize the
County Administrator to reserve and appropriate into FY2007
unspent FY2006 appropriations as outlined in the papers of
this Board, to include amended funding for extended evening
hours of operation at the county's transfer station,
contingent upon positive results of operations within
individual departments and countywide, as determined by the
county's financial audit.
-
Ayes: King, Miller and Warren.
Nays: None.
Absent: Barber and Humphrey.
Mrs. Humphrey returned to the meeting.
16.F. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A
FORTY-FOOT UNIMPROVED RIGHT OF WAY KNOWN AS HILLSVIEW
AVENUE WITHIN PLAN OF HILLSVIEW SUBDIVISION
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider an ordinance to
vacate a portion of a 45-foot unimproved right of way known
as Hillsview Avenue within Plan of Hillsview Subdivision.
Mr. King called for public comment.
No one came forward to speak to the issue.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to FOREST LAKE
ASSOCIATES, L.L.C., a Virginia limited liability
company, ("GRANTEE"), a portion of a 40' unimproved
right of way known as Hillsview Avenue within Plan
of Hillsview Subdivision, MATOACA Magisterial
District, Chesterfield County, Virginia, as shown
on a plat thereof duly recorded in the Clerk's
Office of the Circuit Court of Chesterfield County
in Plat Book 8, at Page 50.
WHEREAS, FOREST LAKE ASSOCIATES, L.L.C., petitioned the
Board of Supervisors of Chesterfield County, Virginia to
vacate a portion of a 40 I unimproved right of way known as
Hillsview Avenue within Plan of Hillsview Subdivision,
MATOACA Magisterial District, Chesterfield County, Virginia
more particularly shown on a plat of record in the Clerk 's
Office of the Circuit Court of said County in Plat Book 8,
Page 50, by W. S. HINTON, dated JUNE 11, 1945, recorded JUNE
14, 1945. The portion of right of way petitioned to be
vacated is more fully described as follows:
A portion of a 40' unimproved right of way known as
Hillsview Avenue within Plan of Hillsview
Subdivision, the location of which is more fully
shown on a plat made by TIMMONS GROUP, dated APRIL
24, 2006, a copy of which is attached hereto and
made a part of this Ordinance.
06-629
06/28/06
WHERE1\S, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertisinq; and,
WHEREAS, no public necessity exists for the continuance
of the por'cion of right of way sought to be vacated.
NOW THEREFORE, BE IT ORDlUNED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid portion of right of
way be and is hereby vaca t!ed.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk' s Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the CO(~:::__....!2-!__ Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simplE~ title to the cEmterline of the portion of right of
way hereby vacated in the abutting property owners of Plan of
Hillsview Subdivision, frE~e and cl,ear of any rights of public
use, subj f::!Ct to providing public right~ of way for access to
all parcels affected by this vacation
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and FOREST
LAKE ASSOCIATES, L.L.C., a Virginia limited liability
company! or its successors in ti tl!e, as GRANTEE.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
16.G. TO CONSIDER AN ORD:[NANCE TO VACATE A PORTION OF
ST:E:WART SUBDIVISIO]~
Mr. Stith stated this date and time has been advertised for a
public hE~aring for the Board to consider an ordinance to
vacate a portion of Stewart subdivision.
Mr. King called for public comment.
No one came forward to speak to the issue.
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to WILLIAM R. SMITH
and MARY E. SMI'rH, aka M,1\RY ELLEN SMITH,
("GRANTEE"), a portion of Stewart Subdivision,
MATOACA Magisterial District, Chesterfield County,
Virg'inia, as shown on a plat thereof duly recorded
06-l530
06/28/06
in the Clerk's Office of the Circuit Court of
Chesterfield County in Plat Book 8, at Page 232.
-
WHEREAS, WILLIAM R. SMITH and MARY E. SMITH, aka MARY
ELLEN SMITH, petitioned the Board of Supervisors of
Chesterfield County, Virginia to vacate a portion of Stewart
Subdivision, MATOACA Magisterial District, Chesterfield
County, Virginia more particularly shown on a plat of record
in the Clerk's Office of the Circuit Court of said County in
Plat Book 8, Page 232, by F.D.P. BRUNER, dated NOVEMBER 9,
1953, recorded DECEMBER 3, 1953. The portion of subdivision
petitioned to be vacated is more fully described as follows:
A portion of the Stewart Subdivision, the
of which is more fully shown on a plat
F.D.P. BRUNER, dated NOVEMBER 9, 1953,
DECEMBER 3, 1953, a copy of which is
hereto and made a part of this Ordinance.
location
made by
recorded
attached
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portion of subdivision sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
-
That pursuant to Section 15.2-2272 of
Virginia, 1950, as amended, the aforesaid
subdivision be and is hereby vacated.
the Code
portion
of
of
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk I s Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title of the portion of subdivision hereby vacated
in the property owners of Lot 16, and Lots 17 through 19
Stewart Subdivision, free and clear of any rights of public
use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and WILLIAM
R. SMITH and MARY E. SMITH, aka MARY ELLEN SMITH, or their
successors in title, as GRANTEE.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
06-631
06/28/06
16.H. ~CONSIDER AN ORDIID,NCE TO VACATE A PORTION OF A
TWENTY-FOOT EASEMEN':[, ACROSS LOT 1, BLOCK G, 60 WEST
~RCIAL PLAZA, SECTION C
Mr. Stith stated this date and tinlE! has been advertised for a
public hearing for the Board to consider an ordinance to
vacate a portion of a 20-foot easement across Lot 1, Block G,
60 West Co::mnercial Plaza, Section C,
Mr. King called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to M.G.B., L.L.C.
TWO, a Virginia limited liability company,
("GRANTEE"), a portion of a 20' easement across Lot
1, Block G, 60 West Commercial Plaza, Section C,
CLOVER HILL MagistE~rial District, Chesterfield
County, Virginia, as shown on a plat thereof duly
recorded in the Clerk's Office of the Circuit Court
of Chesterfield County in Plat Book 24, at Page 79.
WHEREAS, M. G. B., L. L. C. 'rwo, pet.i tioned the Board of
Supervisors of Chesterfield Count,y, Virginia to vacate a
portion of a 20' easement across Lot 1, Block G, 60 West
Commercial Plaza, Section C, CLOVER HILL Magisterial
District, Chesterfield County, Virginia more particularly
shown on a plat of record in the Clerk's Office of the
Circui t Court of said County in plat Book 24, Page 79, by
AMERICAN ENGINEERS, dated FEBRUARY 28, 1974, and revised
OCTOBER 1, 1974 and DECEMBER 16, 1974 , recorded AUGUST 22,
1975. The portion of easement petitioned to be vacated is
more fully described as follows:
A portion of a 20' easement, across Lot 1, Block
G, 60 West Commercial Plaza, Section C, the
location of which is more fully shown on a plat
made by FREDERICK A.. GIBSON & ASSOCIATES, P. C . ,
dated APRIL 6, 2006 I' a copy of which is attached
hereto and made a part of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia" 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portion of easement sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY" VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid portion of easement
be and is hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
06-632
06/28/06
sooner than
the Circui t
to Section
amended.
thirty days hereafter in the Clerk's Office of
Court of Chesterfield County, Virginia pursuant
15.2-2276 of the Code of Virginia, 1950, as
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title of the portion of easement hereby vacated in
the owner of Lot 1, Block G, within 60 West Commercial Plaza,
Section C free and clear of any rights of public use.
Accordingly, this Ordinance shall be indexed
names of the COUNTY OF CHESTERFIELD as GRANTOR, and
L.L.C. TWO, a Virginia limited liability company,
successors in title, as GRANTEE.
in the
M.G.B. ,
or its
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
16. I . TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A
THIRTY-FOOT UNIMPROVED RIGHT OF WAY WITHIN MAP OF A
TRACT OF LAND SITUATED IN BERMUDA DISTRICT
CHESTERFIELD COUNTY, VIRGINIA, AS DIVIDED INTO LOTS
FOR B.A. GILL ON JULY 18, 1922
Mr. Stith stated this date and time has been advertised for
the Board to consider an ordinance to vacate a portion of a
30-foot unimproved right of way within Map of a Tract of Land
si tuated in Bermuda District Chesterfield County I Virginia,
as divided into Lots for B.A. Gillon July 18, 1922.
Mr. King called for public comment.
No one came forward to speak to the issue.
On motion of Mr. King, seconded by Mr. Miller, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to FARRISH
PROPERTIES, LLC, a limited liability company,
("GRANTEE"), a portion of a 30' unimproved right of
way wi thin Map of a Tract of Land situated in
BERMUDA Magisterial District, Chesterfield County,
Virginia, as divided into lots for B.A. Gill, on
JULY 18, 1922, as shown on a plat thereof duly
recorded in the Clerk's Office of the Circuit Court
of Chesterfield County in Plat Book 2, at Page 110.
WHEREAS, FARRISH PROPERTIES, LLC, petitioned the Board
of Supervisors of Chesterfield County, Virginia to vacate a
portion of a 30 I unimproved right of way wi thin Map of a
Tract of Land situated in BERMUDA Magisterial District,
Chesterfield County, as divided into lots for B.A. Gill, on
JULY 18, 1922, as shown on a plat of record in the Clerk's
Office of the Circuit Court of said County in Plat Book 2,
Page 110, by W.W. LAPRADE & BROS., dated JULY 18, 1922. The
portion of right of way peti tioned to be vacated is more
fully described as follows:
06-633
06/28/06
A portion of a 30 I unimproved right of way within
Map of a Tract of Land situated in BERMUDA
Magisterial District, Chesterfield County, as
divided into lots for B.A. Gill, on JULY 18, 1922,
the location of which is more fully shown on a
drawing made by DEAN E. HAWKINS, ASLA, Landscape
Architects & Land Development Planners, dated
FEBRUARY 26, 2005, revised MJI..RCH 15, 2006, a copy
of which is attached hereto and made a part of this
Ordinance.
WHEREAS, notice
2204 of the Code
advertising; and,
has been given pursuant to Section 15.2-
of Virginia, 1950, as amended, by
WHEREAS, no public necessi ty exist.s for the continuance
of the portion of right of way sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
BOARD OF
That pursuant to S<ection 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid portion of right of
way be and is hereby vacated.
This Ordinance shall be in full force and effect in
accordanCE! with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk I s Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the COt~~_~f Virginia, 1950, as
amended.
The <effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title of thE! portion of right of way hereby
vacated in the adjoining propert.y owners free and clear of
any rights of public use, subject to providing recorded
access to all parcels affected by this vacation.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and FARRISH
PROPERTIES, LLC, a limited liabiLity company, or their
successors in title, as GRANTEE.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
16. J. TO CONSIDER AN ORD:[NANCE TO VACATE A PORTION OF
KINGSLAND SUBDIVIS:[ON
Mr. Stith stated this dat<e and time has been advertised for a
public hearing for the Board to consider an ordinance to
vacate a portion of Kingsland Subdivision.
Mr. King called for public comment..
No one came forward to sp1eak to the issue.
06--634
06/28/06
On motion of Mr. Miller, seconded by Mr. Warren, the Board
adopted the following ordinance:
.-
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to 3HD HOLDING
COMPANY, a Virginia corporation, ("GRANTEE"), a
portion of Kingsland Subdivision, DALE Magisterial
District, Chesterfield County, Virginia, as shown
on a plat thereof duly recorded in the Clerk's
Office of the Circuit Court of Chesterfield County
in Plat Book 1, at Page 353.
WHEREAS, 3HD HOLDING COMPANY, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate a
portion of Kingsland Subdivision, DALE Magisterial District,
Chesterfield County, Virginia more particularly shown on a
plat of record in the Clerk's Office of the Circuit Court of
said County in Plat Book I, Page 353. The portion of
subdivision petitioned to be vacated is more fully described
as follows:
A portion of Kingsland Subdivision, the location of
which is more fully shown on a plat made by TOWNES
SITE ENGINEERING, dated MARCH 24, 2006, and revised
JUNE 13, 2006, a copy of which is attached hereto
and made a part of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portion of subdivision sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of
Virginia, 1950, as amended, the aforesaid
subdivision be and is hereby vacated.
the Code
portion
of
of
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
-
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title of the portion of subdivision hereby vacated
in the property owner free and clear of any rights of public
use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and 3HD
HOLDING COMPANY, a Virginia corporation, or its successors in
title, as GRANTEE.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
06-635
06/28/06
16.K. TO CONSIDER LEASING SPACE ON THE COUNTY'S HARROWGATE
-
PARK TOWER
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider leasing space on the
county's Harrowgate Park Tower.
Mr. King called for public comment.
No one came forward to speak to the issue.
On motion of Mr. King, sE~conded by Mrs. Humphrey, the Board
approved t~he leasing of space on the county's Harrowgate Park
Tower to New Cingular Wireless PCB LLC.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
16.L. CONSIDER LEASING SPACE ON THE COUNTY'S UNION BRANCH
TOWER
Mr. Stith stated this datE~ and time has been advertised for a
public hearing for the Board to consider leasing of space on
the county's Union Branch Tower.
Mr. King called for public comment,
No one came forward to spE~ak to the issue.
On motion of Mrs. HumphrE~y, seconded by Mr. King, the Board
approved the leasing of space on the county's Union Branch
Tower to New Cingular Wireless PCS LLC.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
16.M. TO CONSIDER VACATING UNIMPROVED COUNTY RIGHT OF WAY
WEST OF RELOCATED MEADOWVILLE LANE
Mr. Stith stated this dat-= and time has been advertised for a
public hearing for the Board to consider vacating unimproved
county right of way west of relocated Meadowville Lane.
Mr. King callE!d for public comment.
No one c~ne forward to speak to the issue.
On motion of Mr. King, seconded by Mr. Miller, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of unimproved county right of way west of relocated
Meadowville Lane.
Ayes: King, Miller, Humphrey and l!'Jarren.
Nays: None.
Absent: Barber.
06-636
06/28/06
16.N. TO CONSIDER LEASING SPACE ON THE COUNTY'S BON AIR
TOWER
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider leasing space on the
county's Bon Air Tower.
-
Mr. King called for public comment.
No one came forward to speak to the issue.
On motion of Mr. King, seconded by Mr. Miller, the Board
approved the leasing of space on the county's Bon Air Tower
to New Cingular Wireless PCS LLC.
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
16.0. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF LAND, RIGHTS OF WAY AND EASEMENTS FOR
THE BERMUDA AREA SCHOOLS PROJECT
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider the exercise of
eminent domain for the acquisition of land, rights of way and
easements for the Bermuda Area Schools Project.
-
Mr. King called for public comment.
No one came forward to speak to the issue.
On motion of Mr. King, seconded by Mr. Warren, the Board
approved the exercise of eminent domain for the acquisition
of land, rights of way and easements, for the Bermuda Area
Schools Project, across the following properties, and
authorized the right to enter and take such property prior to
eminent domain proceedings:
1. Atlantic Baptist Bible College
500 Baptist Drive, PIN: 818648459100001
541 Baptist Drive, PIN: 81764832600002
545 Baptist Drive, PIN: 817648326000001
600 Baptist Drive, PIN: 81864845910002
2. Francis R. Cuffe and Josie L. Cuffe
13631 Bermuda Orchard Lane, PIN: 816649882000000
-
Ayes: King, Miller, Humphrey and Warren.
Nays: None.
Absent: Barber.
17 . REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining manufactured home permits or zoning
requests at this time.
06-637
06/28/06
18. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mrs. Helen Hamil ton had signed up to a.ddress the Board, but
was not present to do so.
19. ADJOURNMENT
On motion of JYIr. King, seconded by lVIr. Warren, the Board
adjourned at 12:06 a.m. until July 26, 2006 at 3:00 p.m.
Ayes: King, Miller, Humphrey and Warren.
Nays: None ..
Absent: Barber.
/....~"....---'---..........'l;,'\
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1
..I
\"j~\\
R.. M. "Dickie"
Chairman
+' ),
~' [).)
I ,f) c' <,/
.c...-
'/'ff' '~/' 't':t? )>//jL,~,..tJ
!
Lane B. Ramsey /
County Administrator
-~
06-638
06/28/06