03-12-1997 MinutesBOARD OF SUPERVISORS
MINUTES
March 12, 1997
Supervisors in Attendance:
Mr. Arthur S. Warren, Chairman
Mrs. Renny B. Humphrey, Vice Chrm.
Mr. Edward B. Barber
Mr. J. L. McHale, III
Supervisors Absent=
Mr. Harry G. Daniel
Mr. Lane B. Ramsey
County Administrator
Staff in Attendance:
Chief Carl R. Baker,
Police Department
Dr. William Bosher,
School Superintendent
Mr. Craig Bryant, Dir.,
Utilities
Mr. N. E. Carmichael,
Commissioner of Revenue
Ms. Marilyn Cole, Asst.
County Administrator
Ms. Faith L. Davis,
Clerk to the Board
Mrs. Doris R. DeHart,
Asst. Co. Admin.,
Legis. Svcs. and
Intergovern. Affairs
Chief F. W. Dolezal,
Fire Department
Mr. William D. Dupler,
Building Official
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Russell Harris,
County Ombudsman
Mr. Thomas E. Jacobson,
Dir., Planning
Mr. Donald Kappel, Dir.,
Public Affairs
Ms. Mary Lou Lyle,
Dir., Accounting
Mr. Robert L. Masde~,
Deputy Co. Admin.,
Human Services
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Mr. Francis M. Pitaro, Dir.,
General Services
Mr. James J. L. Ste'g~aier,
Dir., Budget & Management
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Thomas Taylor, Dir.,
Block Grant Office
Mr. Frederick Willis, Jr.,
Dir., Human Resource Mgt.
Mr. Warren called the regularly scheduled meeting to order at
2:10 p.m.
3/12/97
97-147
1. APPROVAL OF MINUTES
On motion of Mr. Barber, seconded by Mr. McHale, the Board
approved the minutes of February 26, 1997, as submitted.
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
2. COUNTY ADMINISTRATOR~S COMMENTS
There were no County Administrator's Comments at this time.
3. BOARD COMMITTEE REPORTS
There were no Board Committee Reports at this time.
REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGE
IN THE ORDER OF PRESENTATION
On motion of Mr. Barber, seconded by Mr. McHale, the Board moved
Item 8.C.1., Adoption of Resolution Recognizing the Capital Area
Soccer Association for Development of an Indoor Soccer Facility
at the Chesterfield Fairgrounds Exhibition Hall to follow item
14.C., Adoption of Resolution Recognizing the 1996 Thomas Dale
High School Knights Varsity Football Team for Their Outstanding
Representation of Chesterfield County and replaced Item 15.C.,
Public Hearing to Consider an Ordinance to Vacate Portions of
Rayon Park Subdivision and, adopted the agenda, as amended.
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
O
RESOLUTIONS AND SPECIAL RECOGNITIONS
RECOGNIZING SERGEANT RONALD E. PUCKETT UPON HIS RETIREMENT
Colonel Baker introduced Sergeant Ronald E. Puckett who was
present to accept the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. Ronald E. Puckett retired from the
Chesterfield County Police Department on March 1, 1997; and
WHEREAS, Mr. Puckett has provided 25 years of quality
service to the citizens of Chesterfield County and faithfully
served the County in the capacity of Patrol officer, Detective,
and Sergeant; and
WHEREAS, Mr. Puckett, during his tenure in the VICE Squad,
participated in and effected many arrests during undercover
operations; and
WHEREAS, Mr. Puckett has significantly impacted the safety
of the community by his effective involvement with the North and
South End Multi-Jurisdictional Drug Task Force; and
WHEREAS, Mr. Puckett has made education contributions to
the law enforcement field as an instructor in the Police
Training Academy; and
WHEREAS, Mr. Puckett has received numerous
appreciation and commendation from citizens
professionalism and dedication to duties while
assistance; and
letters of
for his
rendering
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3/12/97
WHEREAS, Mr. Puckett has provided the Chesterfield county
Police Department with many years of loyal and dedicated
service; and
WHEREAS, Chesterfield County and the Board of Supervisors
will miss Mr. Ronald E. Puckett's diligent service.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield county
Board of Supervisors publicly recognizes Mr. Ronald E. Puckett
and extends, on behalf of its members and the citizens of
Chesterfield County, their appreciation for his service to the
County, their congratulations upon his retirement, and their
best wishes for a long and happy retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this ~esolution
be presented to Mr. Puckett and that this resolution be
permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
Mr. McHale and Mr. Ramsey presented the executed reSolution to
Sergeant Puckett, accompanied by Colonel Baker, expressed
appreciation for his dedicated service to the County, and wished
him well in his retirement.
Sergeant Puckett expressed appreciation for the recognition and
stated that he has enjoyed his service with the County.
6. WORK SESSIONS
6.A. FY98 PROPOSED BUDGET
Mr. Ramsey stated that the proposed FY98 Budget has a
recommended total of $579,253,300 and represents a 2.6 percent
increase over the current year's Budget. He further stated that
the proposed Budget continues the financial commitment, customer
service, and quality objectives established by the Board of
Supervisors. He further stated that the proposed Budget is
prepared on a basis of a one cent real estate tax decrease in
the current year and a one cent decrease next year, based on the
direction of the Budget and Audit Committee. He stated that the
proposed Budget funds a 3.5 percent performance-based salary
adjustments for all eligible County employees. He recognized
Dr. Bosher and expressed appreciation for his efforts in
coordinating the Budget. He further stated that the proposed
Budget maintains current service levels while leaving a number
of priority items unfunded, funds the reserve for capital
projects and the first phase of the bond referendum, and
allocates 71.6 percent of property tax revenue to schOols and
provides an increase of $8.5 million in total school funds. He
reviewed major challenges including continuing to keep
Chesterfield's crime rate the lowest in the region; managin~ the
change from a community which focuses primarily on rapid growth
to one concerned also with preserving the quality of changing
neighborhoods; managing with caution the shift of costs and
responsibilities from the Federal and State governments to the
local level; striving constantly to enhanceeconomicdevelopment
in order to balance the burden of funding needed services; and
striving to meet objectives of the Board of Supervisors while
providing for a tax decrease. He then reviewed improvements
implemented in recent years including· summer teen programs;
welfare reform; consolidation and enhancement of grounds
maintenance; expansion of curbside recycling from 10,000 to
62,000 households; targeting tax reductions including tax relief
for the elderly and handicapped; and approving a $380 million
Capital Improvement Program (CIP).
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Mr. Stegmaier reviewed FY95 expenditures per capita for general
government, excluding schools; percent increase in demand for
services for FY91-FY96; and FY95 employees per 1,000 population
for general government, excluding schools. He stated that the
proposed FY98 Budget totals $579,253,300 - a $14.6 million or an
approximate 2.6 percent increase over the prior year. He
further stated that the General Fund represents 35.2 percent,
the transfer to Schools represents 29.8 percent, School
Operating Fund represents 22 percent; Utilities represents 8.6
percent; and Internal Service, Airport, and Grant Funds
represent approximately 4.4 percent of the proposed Budget. He
stated that the proposed County's General Fund Budget totals
$378,202,000 - an approximately 16.9 percent increase over the
prior year. He further stated that general property taxes
represents 53.6 percent, federal revenues represent 4.0 percent,
State revenues represent 12.7 percent, and other local taxes
represent 15.6 percent in the General Fund. He stated that the
FY98 proposed Budget is based on the following tax rates: $1.08
for Real Estate (effective June, 1997) and $1.07 for Real Estate
(effective June, 1998); $3.60 for Personal Property; $1.00 for
Machinery and Tools; $0.50 for Airplanes; $0.96 for Personal
Property for Members of Rescue Squads; $0.01 for Personal
Property for Wild and Exotic Animals; and $3.24 for Personal
Property for Vehicles Using Clean and Special Fuels. He then
reviewed major sources of revenue in the FY98 General Fund and
noted several changes including the estimate of revenue from
Business and Professional Licenses increasing slightly; the
additional revenue for the fees in the Community Development
area was added; and corrections were made in the category of
federal revenue. He noted that new revenue to be allocated in
the General Fund totals $15.40 million over the FY97 adopted
Budget. He then reviewed FY98 General Fund uses and noted that
the $2.10 million for the Convention Center required an increase
of approximately $150,000 in the General Fund balance,
consequently, funds were taken out of the Lodging Tax and the
amount reduced slightly that is reserved for the Convention
Center. He then reviewed FY98 total General Fund expenditures
and FY98 new positions. He then reviewed the schedule of Budget
work sessions and noted that the Board will hold its Budget
public hearing on March 26, 1997 and will adopt the Budget at
its April 9, 1997 meeting. He expressed appreciation to the
Board for their input and to Mr. Ramsey for his guidance during
the Budget process. He expressed special thanks to Budget staff
and to the Department Directors who assisted in this Budget
process.
Mr. Warren stated that several Board members will be holding
constituents meetings in which the FY98 Budget will be the topic
of discussion, therefore, a lot of opportunities are available
for public input through the process of approval of the Budget.
Mrs. Humphrey stated that Dr. Bosher will be the guest speaker
at the joint Clover Hill and Matoaca constituents meeting on
March 17, 1997.
Chief Dolezal expressed appreciation to Fire Department staff
for their assistance in preparing this Budget presentation and
to the Board for their continued support of the Department. He
then presented an overview of the Fire Department and stated
that the mission of the Fire Department is to reduce deaths,
injuries, and property loss from fire, hazardous situations,
medical emergencies and other disasters, by providing continuous
.improvement of emergency services, unhampered by tradition,
while recognizing our people as the key to success. He reviewed
customer services provided including responding to citizen
emergencies involving fire and related emergencies; pre-hospital
emergency medical case; severe weather; industrial accidents;
water related rescue; rescue and entrapment situations;
hazardous materials and environmental issues; unusual conditions
3/12/97
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and public services; and calls not assigned to other County
agencies. He reviewed the Department's fire and life safety
services including the Fourth Grade Fire Safety Program; citizen
CPR training; the Child Automobile Safety Seat Program; the Swim
Safe Program and Safety Kids Coalition; environmental protection
through the Chesterfield Emergency Planning Committee; fire
prevention inspections; plans review; Code enforcement; and
roadside assistance. He then presented a brief video of Fire
Department activities, services, and calls. He stated that
major customer service challenges for FY98-FY99 include
providing a working smoke detector in every home in Chesterfield
County and ensuring that every home has a clearly marked
address.
There was brief discussion relative to process being utilized to
ensure visible house numberings.
When asked, Chief Dolezal stated that the majority of major
commercial shopping centers and businesses are currently marked
on the Department's computer-aided dispatch system, however,
staff plans to target all businesses as well as homes. He then
reviewed Total Quality Improvement (TQI) successes including
reduction in reports and forms; uniform changes; training the
Quality Council in process identification and flow charting; and
development of a Project Action Team to address safety values.
He then reviewed annual responses versus injuries; budget
information; productivity and efficiency comparison between
Chesterfield and Henrico Counties and the City of Richmond;
annual responses; County-wide emergency medical services (EMS)
calls and responses; County-wide Advanced Life Support
providers; and average emergency times for fire and medical
calls. He stated that the goal of EMS is to have an EMS unit on
the scene of Priority 1 EMS calls in six minutes or less ninety
percent of the time and noted that in 1996, the Department
achieved 49 percent of that goal. He stated that the urban
corridor of Chesterfield County contains ninety-three percent of
the County's population and ninety percent of the County's Fire
and EMS call load. He then reviewed County-wide volunteer fire
apparatus response for 1996 and the number of "no responses" for
volunteer fire departments. When asked, he stated that other
fire apparatus is dispatched to calls if there are difficulties
with volunteer fire companies responding to a call. He stated
that on September 6, 1996, the County's Fire and EMS system
responded to 374 calls for services due to Hurricane Fran and
noted that this was the highest one day total in the
Department's history. He reviewed the number of minutes the
first unit was on the scene for Priority 1 fire and EMS calls
for 1996; Opticom's affect on response times; and the multi-role
of the firefighter/EMT. He then reviewed critical issues
including increasing workload; declining volunteer personnel
responses for fire and EMS; increasing resources not
significantly helping to reach EMS goals; and repairing existing
Fire and Rescue stations. He then reviewed issues in unfunded
customer needs for FY98 including EMS system review to evaluate
the entire EMS system.
There was brief discussion relative to addressing the issues of
attracting volunteers at new fire stations; how the Fire
Department can attract and retain good people; and funding for
establishment of an emergency and non-emergency transport system
to fund future EMS system improvements.
Mr. Barber excused himself from the meeting.
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Chief Dolezal continued to review issues in unfunded customer
needs including critical maintenance and repairs to Fire and
Rescue stations; annual funding for Advanced Life Support
positions; and purchasing five new emergency vehicles.
Mr. Barber returned to the meeting.
Chief Dolezal continued to review issues in unfunded customer
needs including the Public Safety Career Development Program;
EMS capital equipment; purchasing a breathing air cascade
cylinder storage and filling control system; preventive
maintenance funding for self-contained breathing apparatus;
purchasing technical rescue equipment; repairing the exhaust
systems in nine older fire/rescue stations to remove diesel
exhaust particulate; reclassification of Lieutenant positions;
and improving automation capabilities in Fire and Rescue
stations. He stated the philosophy of the Fire Department is to
strive to always leave the customers with more than they
expected. He stated, again, that the people are the key to the
Department's success and that he is proud to be part of this
team.
There was brief discussion relative to the Fire Department's
staffing levels being reduced in order to meet the four percent
turnover requirement.
Chief Dolezal noted that staffing is reduced to make up the four
percent reduction in Fire Department salaries each fiscal year.
Colonel Baker expressed appreciation to the Police Department
and Budget staff for their assistance in preparing the Budget
presentation. He stated that the mission of the Police
Department is to provide a professional and unbiased response to
the needs of the community and is the Department's goal to
establish a partnership with the citizens in achieving a "First
Choice Community through excellence in public service." He
presented an overview of the Police Department goals including
establishing, maintaining, and enhancing community partnerships
in achieving mutual cooperation and assistance; maximizing
operational efficiency and delivering excellence in customer
service; increasing the proportion of crimes cleared by arrest;
reducing and controlling criminal activity; educating citizens
about crime awareness and prevention; and providing effective
policing and ensuring continued public safety. He then reviewed
calls and assignments; response time for Priority 1 life
threatening calls; Uniform Crime Clearance Rate (UCR); ratio of
residents versus number of police officers in Chesterfield and
Henrico Counties and the City of Richmond; cost per capita
between Chesterfield, Henrico, and Prince William Counties and
the City of Richmond; and 1995 crime rates per 100,000
population for Chesterfield and area localities. When asked,
he stated that the County has one of the lowest crime rates
because the County has a high arrest, clearance, and
incarceration rate. He noted that the County makes
approximately 1,550 criminal arrests each month. He then
reviewed enhancements for the Police Department including sixty-
one grant positions being approved since FY96; development of
community policing projects; reinstating the K-9 Program; and
business and neighborhood watches being increased by 100 percent
over the last five years.. He reviewed the Department's Budget
summary and new funding in the proposed FY98 Budget. He stated
that critical issues include the Police Department's FY98 Budget
needing to be .increased by $1,366,000 because of priority
funding needs including new vehicles and radios for grant
positions; fleet replacement; vehicle equipment; overtime for
reinstating the K-9 Program; additional overtime for police
officers; replacement bar lights; career development program;
additional records management systems funds; and OSHA physicals.
He then reviewed unfunded requests including one sergeant and
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three detectives for a major case squad; four patrol officers to
replace those assigned to the larceny from auto task force; four
community policing officers and one sergeant for an additional
community policing office; and five sergeants to meet the
objective of the supervisory/patrol officer ratio of 1 to 8. He
then presented an overview of the Animal Control Department and
stated that goals include serving and maintaining public safety
pertaining to animal related ordinances and educating the public
about animal laws and welfare. He reviewed calls for services;
number of impounded animals; and Department enhancements suCh as
institution of the volunteer program, renovation and expansion
of the animal shelter, implementation of the sterilization
program, increased support personnel, and operational
improvements. He then reviewed the Budget summary; new funding
in proposed FY98 Budget; and priority funding needs including
additional funding for routine operating costs and funding for
a part-time position for the sterilization program. He then
reviewed unfunded requests including a senior office assistant
and a part-time veterinarian technician. When asked, he stated
that the Police Department's proposed FY98 Budget has an
approximate $1.3 million shortfall at this time.
Mr. Ramsey stated that there is still the potential for some
additional State funds from the Department of Criminal JUstice
Services for the grant positions in the Police Department.
Mr. Barber commended Lieutenant Courtney Griffin and Officer
James Andrews who recently attended one of his civic association
meetings and made a presentation regarding community policing.
6.B. 1997-98 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME ANNUAL
PLAN
Mr. Taylor expressed appreciation to his staff for their efforts
in this presentation and to other County departments for their
assistance during this process. He then presented an overview
of the County's 1997-98 Community Development Block Grant (CDBG)
and HOME Annual Plan and noted that this year the County is
entitled to receive $1,758,000 in federal funds. He state~d that
$1,397,000 will come from the Community Development Block Grant
Program and $361,000 will come from the HOME Investment Program.
He noted that these funds represents a shortfall of
approximately $49,000 from FY96/97. He stated that a different
process was used this year in which staff changed the fiscal and
program years and briefly reviewed the new process that was
undertaken. He noted that the program year was formally
September 1 through August 31 and it is now coinciding with the
County's fiscal year of July 1 through June 30.
Mr. McHale stated that the process that the Block Grant OffiCe
is using this year is very different than the process used last
year. He commended Mr. Taylor for his efforts in making this a
community-based process and stated that the citizens of
Chesterfield County, who reside in Block Grant neighborhoods,
had very strong input into this process.
Mr. Taylor then reviewed Public Improvement Projects including
Park Lee Apartments Revitalization and Camp Baker ADA Parking
Lot and Sidewalk Improvements~
There was brief discussion relative to
homeownership in the target area in the future.
eStablishing
Mr. Taylor continued to review Public Improvement Projects
including Enlarging the Bensley Community Building; and
Ettrick/Matoaca Security Lights. He then reviewed Housing
Projects including Tomcliff at Cloverhill; Interfaith Housing
Homeownership/Rehab; First Homes - Homeownership; Chesterfield
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Alternatives Ridge Run Road Community Home; Rosey Grier Youth
Pavilion; Housing Opportunities Made Equal; ElderHomes; and
Habitat for Humanity. He then reviewed Public Services Projects
including Limited English Speaking Program; A.M. Davis Athletic
Scholarships; Harrowgate Athletic Association; CARES;
Communities in School; CARITAS; TRACCS to Work; Ettrick
Community Building; Bensley Senior Program; Youth Programs;
Ettrick/Matoaca Teen Center; Bensley Youth Program; Ampthill
Senior Program; Park Lee Learning Center; Domestic Violence
Intervention Project; and Summer Fun Camp. He then reviewed
Administration and Planning Projects including General
Administration; Ettrick Village; Phase II Ampthill; and Virginia
State University Trail and then reviewed the Economic
Development Revitalization Coordinator Project. He briefly
reviewed proposals that have been received, but not recommended
for funding.
There was brief discussion relative to the process and criteria
followed when deciding which projects should be considered for
approval.
Mr. Barber requested staff to provide information regarding the
process and criteria of approving CDBG projects to each of the
Board members.
Mrs. Humphrey requested staff to provide the Board with
information as to why the Gateway Homes Project was not funded
in this CDBG Program.
Mr. McHale expressed appreciation to staff for their
presentations and stated that the Fire and Police Departments
and the Block Grant office have demonstrated that people are the
key to the County's success. He stated that when certain
projects do not get funded, these Departments keep striving to
get the projects completed.
7. DEFERRED ITEMS
There were no Deferred Items at this time.
8. NEW BUSINESS
8.A. STREETLIGHT INSTALLATION COST APPROVALS
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved the following streetlight installation cost approvals:
BERMUDA DISTRICT
* Ironbridge Parkway and Ironbridge Road, ease side of the
intersection
Cost to install light: $1,456.25
MATOACA DISTRICT
* Beach Road, vicinity of 7247, on the existing pole
No cost to install light
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
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8.B. APPOINTMENTS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
suspended its rules at this time to allow simultaneous
nomination/appointment/ reappointment of an Assistant Marshal
and a member to serve on the Preservation Committee.
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
8.B.1. ASSISTANT FIRE MARSHAL
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
simultaneously nominated/appointed Lieutenant Scott V. Hechler
as Assistant Fire Marshal, pursuant to Section 27-36 of the Cede
of Virginia.
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
8. B.2. PRESERVATION COMMITTEE
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
simultaneously nominated/reappointed Ms. Mary Ellen Howe, Mr.
James V. Daniels, Mr. J. Carl Morris, Mr. G. W. Wallace, Mr.
Bryant Walker, Mr. Douglas Woolfolk, and Mr. John V. Cogbill to
serve on the Preservation Committee, whose terms are effective
immediately and will expire March 9, 1999.
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
8.C. CONSENT ITEMS
8.C.2. APPROVAL OF RECEIPT OF A DEPARTMENT OF CRIMINAL
JUSTICE SERVICES EQUIPMENT GRANT FOR PURCHASE OF
COMPUTER EQUIPMENT AND APPROPRIATION OF FUNDS
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
approved the receipt of a Department of Criminal Justice
Services Equipment Grant for the purchase of computer equipment
and appropriated $22,350, from the Department of Criminal
Justice Services.
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. MCHale.
Absent: Mr. Daniel.
8~.C.3. STATE ROAD ACCEPTANCE
This day the County Environmental Engineer, in accordance with
directions from this Board, made report in writing uUon his
examination of the road in Rivers Bend, Section 9, Ber'~uda
District, and
Whereas, the Resident Engineer for the Virginia Department of
Transportation has advised the Director of Environmental
Engineering, the street in Rivers Bend, Section 9, Bermuda
District, meets the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation, and
Whereas, the County and the Virginia Department of
Transportation have entered into an agreement, recorded in Deed
Book 2453, Page 405, January 21, 1994, for all stormwater
detention/retention facilities in the County.
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3/12/9~
Therefore, upon consideration whereof, and on motion of Mr.
Barber, seconded by Mrs. Humphrey, it is resolved that the road
in Rivers Bend, Section 9, Bermuda District, be and it hereby is
established as a public road.
And be it further resolved, that the Virginia Department of
Transportation, be and is hereby requested to take into the
Secondary System, pursuant to Section 33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements,
the following:
Name of Street: Nightingale Court
From: Scrimshaw Drive, State Route 4860,
at the intersection of Nightingale
Drive, State Route 4863
To: Cul-de-sac, 0.05 mile southeast
of Scrimshaw Drive, State Route 4860
Guaranteed Right-of-Way Width: 50 feet.
Length: 0.05 mile
This request is inclusive of the adjacent slope, sight distance,
clear zone, and designated Virginia Department of Transportation
drainage easements indicated on the development plat.
This road serves 8 lots.
This section of Rivers Bend is recorded as follows:
Section 9, Plat Book 86, Page 26, November 23, 1994.
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
8.C.4. SET DATE FOR A PUBLIC HEARING TO CONSIDER AN ORDINANCE
TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978,
AS AM~NDED, BY AMENDING aWD REENACTING SECTIONS 21.1-13~
AND 21.1-139 RELATING TO HOTELS AND RESTRICTED USES
A CORPORATE OFFICE 0-2 DISTRICT
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
set the date of April 9, 1997 at 7:00 p.m. for a public hearing
to consider an ordinance to amend the Code of the County of
Chesterfield, 1978, as amended, by amending and reenacting
Sections 21.1-138 and 21.1-139 relating to hotels and restricted
uses in a corporate office 0-2 district.
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
8.C.5.
REQUEST FOR PERMISSION FROM EVERETT C. EADS, JR. AND
TAMMY F. EADS TO INSTALL A WATER SERVICE FOR A ~w
RESIDENCE ON LOUIS DRIVE
On motion of Mr. Barber, seconded by Mr. Humphrey, the Board
approved a request from Everett C. Eads, Jr. and Tammy F. Eads
to extend a private water service within a ten foot private
easement to serve a new residence at 3706 Louise Drive, subject
to the execution and recordation of an agreement acceptable to
the County Attorney. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
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3/12/97
8.C.6. AWARD OF CONSTRUCTION CONTRACTS
8.C.6.a. TO T & E CONSTRUCTION COMPANY FOR THE PAT ,LANE AND KAY
ROAD WATER LINE REHABILITATION PROJECT
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
awarded a construction contract to T & E Construction Company,
in the amount of $78,214.50, and approved the transfer of
$15,000 from 968300R - Contingency Fund for the Pat Lane and Kay
Road Water Line Rehabilitation Project and authorized the County
Administrator to execute the necessary documents. (It is noted
a copy of the vicinity sketch is filed with the papers of this
Board.)
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
8.C.6.b. TO T & E CONSTRUCTION COMPANY FOR THE BEULAH.VILL~G.E...-
WATER LINE REHABILITATION PROJECT
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
awarded a construction contract to T & E Construction COmpany,
in the amount of $96,262.50, for the Beulah Village - Water line
Rehabilitation Project and authorized the County Administrator
to execute the necessary documents. (It is noted a copy of the
vicinity sketch is filed with the papers of this Board.)
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
8.C.6.O.
TO WILLIAM B. SLOAN COMPANY, INCORPORATED FOR.THE
RIVERS BEND INDUSTRIAL ACCESS PROJECT AND
APPROPRIATION OF FUNDS
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Beard
awarded a construction contract to William B. Sloan Company,
Incorporated, in the amount of $395,000 and appropriate'd
$150,000 from developer contributions for the Rivers Bend
Industrial Access Project.
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
8.C.?. APPROVAL OF PRIORITY LIST OF HIGHWAY PROJECTS~AND
STATEMENT REGARDING CHESTERFIELD~S PRIMARY AND
INTERSTATE ROAD CONSTRUCTION NEEDS
On motion of Mr. Barber, seconded by Mrs. Humphrey, the BOard
approved the recommended priority list of highway projects;
authorized the Chairman of the Board to present a statement at
the 1997-98 Virginia Department of Transportation Preallocation
Hearing; and authorized staff to forward the statement and
priority list to Chesterfield's Legislative Delegation. (It is
noted a copy of the priority list and statement are filed with
the papers of this Board.)
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr, ~cHale.
Absent: Mr. Daniel.
97-157
3/12/97
8.C.8. AUTHORIZATION OF PLANNING COMMISSION RECOMMENDATIONS
CONCERNING 1996 GENERAL ASSEMBLY LEGISLATION
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
took no action with regard to legislative items passed by the
1996 General Assembly that would (a) require that zoning
applicants certify that any delinquent taxes have been paid
prior to submitting a zoning application (HB1275) and (b) to
increase the five year renewal period for tentative subdivision
plats (HB1399).
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
8.C.9. APPROVAL OF REFUND AGREEMENT FOR THE "GROVE" DEVELOPMENT
PROJECT
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
approved a Refund Agreement providing for the potential refund
of a portion of cash proffer payments made in conjunction with
the development of the proposed "Grove" project. (It is noted
a copy of the Agreement is filed with the papers of this Board.)
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
There were no Hearings of citizens on Unscheduled Matters or
Claims at this time.
10. REPORTS
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
accepted the following reports:
A report on Developer Water and Sewer Contracts and a status
report on the General Fund Balance; Reserve for Future Capital
Projects; District Road and Street Light Funds; Lease Purchases;
and School Board Agenda.
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
11. DINNER
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
recessed to the Administration Building, Room 502, for a dinner
meeting with the social Services Board.
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
The Board of Supervisors met with the Social Services Board to
discuss goals including continuing to strive for excellence in
delivery of services; improving the communication process for
coordination of services among staff; improving the working
conditions of employees; and enhancing a positive working
relationship with the community. Critical issues were reviewed
including foster care funding, welfare reform, federal
legislation, automation, child protective services, housing
program, and capital improvements; food stamps; medicaid; aid to
families with dependent children; revenues generated through
Social Services; child protective services referrals; number of
3/12/97
97-158
JOBS customers entering (employment per month) for FY96; average
monthly foster care caseload; key initiatives and impact of
federal welfare reform; foster care expenditures; and the
Chesterfield-Colonial Heights Families First Program.
Departmental needs were reviewed including local match required
for the Family Preservation Act Program; funding for a Human
Resource Analyst; and funding for a Fraud Worker. Key
accomplishments were reviewed including successful integration
of Total Quality into agency operations; fraud claim tracking;
successful implementation/ partnership of Healthy Families
Initiative; successful integration of Housing Program into
departmental operations; privatization of food stamp issuance;
adoption successes; and strategic planning initiative. It was
noted that actions of the Social Services Board are guided by a
commitment to the highest standard of service; respect for
customers and colleagues by treating them with courtesy and
caring; empathy for others; integrity in all that they say and
do; and trust and belief that all individuals have the ability
to achieve their full potential.
It was agreed to adjourn to the regularly scheduled Board of
Supervisors meeting.
Reconvening:
12. INVOCATION
Reverend Ivan Perkinson, Pastor of Matoaca Christian FellOWShip,
gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED~STATES_.OF
AMERICA
SPecial Agent, In-Charge, Mr. Ronald Shell led the Pledg~ of
Allegiance to the Flag of the United States of America.
14. RESOLUTIONS, AND SPECIAL RECOGNITIONS
14.A. RECOGNIZING SPECIAL, AGENT-IN-CHARGE RONALD L. SH'E'LL, U~ON
HIS RETIREMENT
Chief Robert Eanes introduced Mr. Ronald L. Shell who was
present to accept the resolution.
On motion of the Board, the following resolution was a~dopte~d:
WHEREAS, following 28 years of outstanding Service and
dedication to the United States Secret Service and to the
profession of law enforcement in general, Mr. Ronald L. Shell
retired on February 12, 1997; and
WHEREAS, Mr. Shell began his career in 1969 with an
assignment to the Richmond, Virginia office, with his first
protective assignment being former President HarrY ~. ~uman;
and,
WHEREAS, Mr. Shell, in 1971, was assigned to the
Protective Operations Division in Washington, D.C. and was
responsible for world-wide travel for Vice President Spiro T.
Agnew and Secretary of the Treasury, Mr. David Kennedy, along
with Dr. Henry Kissinger and Mrs. Eisenhower in Gettysburg and
Camp David; and
WHEREAS, Mr. Shell was assigned to the fraud and forgery
division from 1980 to 1983, where he co-authored and edited the
Instructional Edition of The Secret Service Investigative Manual
and was Security Team Leader for the 1980 Presidential campaign;
and
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97-159
WHEREAS, Mr. Shell served from 1986 to 1988 as Assistant
Special, Agent-in-Charge of the Vice Presidential Protective
Division in Washington, D.C. where he facilitated a smooth
resolution to security concerns at the Kennebunkport Compound in
Maine and accompanied Mr. George Bush on a regular basis; and
WHEREAS, Mr. Shell, from 1988 to the present, as Special,
Agent-in-Charge, at the Field office in Richmond, Virginia,
provided outstanding leadership and management services to the
Virginia field offices for the United States Secret Service with
responsibilities for federal investigation efforts indigenous to
the Secret Service including counterfeiting, forgery, fraud and
intelligence investigation, and coordinating with regional and
local law enforcement officials and all activities related to
the security and protection of the President, the Vice President
and immediate family members, and other designated officials and
foreign visiting Heads of State. Special assignments include
the Bush Administration Educational Summit, the Wilder
Administration Central American Conference, the Wilder African
Summit, and President Clinton's Inaugural activities at
Monticello, Charlottesville, and the bus motorcade; and
WHEREAS, in addition to his demanding work schedule, Mr.
Shell found time for community services including the Richmond
Downtown YMCA Board of Directors; Western Henrico Rotary Club
Board Member; Chairman of the Literacy and Drug Program;
Benedictine High School Athletic Association President for 1994
and 1995; Vice President and Chairman of the Capital City
Classic Basketball Tournament for 1992 and 1993; Virginia
Association of Chiefs of Police Associate Member; Virginia
Sheriffs Associate Member; and Little sisters of the Poor Board
Member.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes the outstanding
contributions of Mr. Ronald L. Shell and expresses its
appreciation for his service to the Country, the Commonwealth of
Virginia, and law enforcement in general and wishes him a long
and happy retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mr. Shell and that this resolution be
permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
Mrs. Humphrey presented the executed resolution to Mr. Shell,
accompanied by Colonel Baker, and former Police Chief Joseph
Pittman, and commended him for his dedicated service with the
United States Secret Service and for working closely with local
law enforcement, specifically, with the Chesterfield County
Police Department, and wished him well in his retirement.
Mr. Shell expressed appreciation for the recognition and stated
that he has enjoyed his working relationship with the County.
14 .B.
RESOLUTION RECOGNIZING L. C. BIRD, CLOVER HILL, JAMES
RIVER, MANCWRSTER, MATOACA, M~DOWBROOK, MIDLOTHIAN,
MONACAN, AND THOMAS DALE HIGH SCHOOLS FOR PROVIDING uRUG
AND ALCOHOL-FREE POST-PROM PARTIES
Mr. Golden introduced Post-Prom Party representatives from L. C.
Bird, Clover Hill, James River, Manchester, Matoaca,
Meadowbrook, Midlothian, Monacan, and Thomas Dale High Schools
who were present to accept the resolutions.
97-160
3/12/97
On motion of the Board, the following resolution was adopted:
WHEREAS, the two highest risk nights for teens are prom
and graduation, with some parents seeming to condone parties
Where alcohol and drugs are available; and
WHEREAS, students need an alternative to drugs and alcohol
to which they can and will say "YES"; and
WHEREAS, in 1996, over 350 schools and communitie~ in
Virginia participated in Operation Prom/Graduation's alcohol and
drug-free parties for students; and
WHEREAS, many parents of Juniors and Seniors at L. C.
Bird; Clover Hill; James River; Manchester; MatoaCa;
Meadowbrook; Midlothian; Monacan and Thomas Dale High Schools,
with financial support from the local and surrounding business
community, are working to provide alternative "no alcohol or
drugs" parties following the Matoaca Prom on April 19; Clover
Hill Prom on April 26; James River, Manchester, Monacan, and
Thomas Dale Proms on May 3; Meadowbrook Prom on May 9; and
Midlothian Prom on May 17; and L. C. Bird Prom on May 30; and
WHEREAS, communities all over Virginia are reaching in
many ways to their young people with love and concern,
encouraging them to "Celebrate Life".
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors declares the weekends of APril 19-
20; April 26-27; May 3-4; May 9-10; May 17-18 and May 30~31,
1997 as "Drug and Alcohol-Free Among the Teen and Adult
Population of Chesterfield County."
AND, BE IT FURTHER RESOLVED, that adults be encouraged to
provide a positive, no alcohol and drugs example for our youth,
particularly at the high risk times of prom and graduation, in
an effort that we not only change lives, but save them.
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
Mrs. Humphrey and Mr. Barber presented the executed resolutions
to each of the representatives, expressed appreciation for their
efforts in holding post-prom parties, and wished them future
success.
14.C. RECOGNIZING THE 1996 THOMAS DALE HIGH SCHOOL_.+K~I~TS
VARSITY FOOTBALL TEAM FOR THEIR OUTSTANDING
REPRESENTATION OF CHESTERFIELD COUNTY
Mr. Golden introduced Mr. Vic Williams, Coach, Mr. Ben B~Ockwell
and Henry Jefferson, Assistant Coaches, and Mr. Josh Goodman,
Mr~ Justin Dean, and Mr. Jay Hunt, Captains of the Thomas Dale
Knights, who were present to accept the resolution.
On motion of the Board, the following resolution was adopte~d:
WHEREAS, participation in high school sports ha~ lo~g bee~
an integral part of Chesterfield County's education, physical
and emotional develoPment for students; and
WHEREAS, Mr. Vic Williams, Coach of the 1996 Thomas Dale
Knights completed his tenth year as Coach; and
WHEREAS, under Mr. Williams' and his staff's guidance and
direction, the Thomas Dale Knights finished the regular season
with an 11-2 record; and
WHEREAS, the ThOmas Dale Knights won the Central DistriCt
championship and the Central Regional championship in AAA,
Division 6; and
3/12/97
97-161
WHEREAS, the Thomas Dale Knights were State semi-finalists
in Virginia AAA, Division 6; and
WHEREAS, the Thomas Dale Knights have compiled a two year
record of 21-3; and
WHEREAS, the citizens of Chesterfield County enjoy and
support high school football.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby recognizes the 1996 Thomas
Dale High School Knights Varsity Football Team for their
outstanding representation of Chesterfield County.
AND, BE IT FURTHER RESOLVED, that the Board of
Supervisors, on behalf of the citizens of Chesterfield County,
hereby commends the Thomas Dale Knights for their splendid
sportsmanship and expresses their best wishes for continued
success.
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
Mr. McHale presented the executed resolution to Mr. Williams,
congratulated them on their achievements, and wished them
continued success.
Mr. Williams expressed appreciation for the recognition and for
the continued support of the Board of Supervisors. He stated
that Thomas Dale produced a Superbowl player, Mr. William
Henderson, who was drafted by North Carolina in the NFL.
8.C.1. ADOPTION OF RESOLUTION RECOGNIZING THE CAPITAL AREA
SOCCER ASSOCIATION FOR DEVELOPMENT OF AN INDOOR
SOCCER FACILITY AT THE CHESTERFIELD FAIRGROUNDS
EXHIBITION HALL
Mr. Golden introduced Mr. Joe Sanchez, President of the Capital
Area Soccer Association, who was present to accept the
resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Chesterfield County and Chesterfield County Parks
and Recreation Department recognizes the Capital Area Soccer
Association (CASA) for their investment in the indoor soccer
facility; and
WHEREAS, the addition of said improvements at Chesterfield
County's Fairgrounds Exhibition Hall will further aid in the
enhancement of indoor soccer opportunities; and
WHEREAS, the enhancement will aid in the development of
soccer skills for the youth and adults of Chesterfield County;
and
WHEREAS, Chesterfield County Parks and Recreation greatly
appreciates this investment and looks forward to continuing a
strong partnership with organizations and associations to
further improve and enhance park and athletic facilities in
Chesterfield County.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby expresses its appreciation
and gratitude to the Capital Area Soccer Association for their
generous contribution toward the indoor soccer facility at
Chesterfield County's Fairground Exhibition Hall.
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
97-162
3/12/97
Mr. McHale presented the executed resolution to Mr. Sanchez and
expressed appreciation for their contributions to the indoor
soccer facility.
Mr. Sanchez expressed appreciation for the recognition and to
the County's Parks and Recreation Department for their
assistance in this endeavor.
15. PUBLIC HEARINGS
15.A. TO CONSIDER THE CONVEYANCE OF RIGHT-OF-WAY AND AN
EASEMENT ALONG HOPKINS ROAD
Mr. Stith stated this date and time has been advertised for a
public hearing to consider the conveyance of right-of-way and an
easement along Hopkins Road.
No one came forWard to speak in favor of or against this issue.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved the conveyance of a .010 acre parcel of land to the
Virginia Department of Highways and an easement to Bell
Atlantic-Virginia, Incorporated and authorized the Chairman of
the Board and the County Administrator to execute the necessary
deed and easement agreement. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
15.B. TO CONSIDER ANORDINANCE TO VACATE A PORTION OF WENTWORTH
STREET WITHIN THE SUBDIVISION OF A PART OF BLOCK "K" OF
THE VILLAGE OF BENSLEY
Mr. Stith stated this date and time has been advertised for a
public hearing to consider an ordinance to vacate a portion of
Wentworth Street within the subdivision of a part of block "K"
of the Village of Bensley.
No one came forward to speak in favor of or against this
ordinance.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA,
("GRANTOR") vacates to LAURA J. RICHARDSON, ("GRANTEE"), a
portion of Wentworth Street within Subdivision of a part of
Block K of the Village of Bensley Subdivision, BERMUDA
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 Deed Book 172, at Page
222.
WHEREAS, Laura J. Richardson, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate a portion
of Wentworth Street within Subdivision of a part of Block K of
the Village of Bensley Subdivision, BERMUDA 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 Deed Book 172, Page 222, by W. W. LAPRADE &
BROS., dated JULY 2, 1921. The portion of right of way
petitioned to be vacated is more fully described as follows:
A portion of Wentworth Street within
Subdivision of a part of Block K of the
Village of Bensley Subdivision, the location
of which is more fully shown on a plat made by
HARVEY L. PARKS, INC., dated December 19,
1996, a copy of which is attached hereto and
made a part of this Ordinance.
3/12/97
97-163
WHEREAS, notice has been given pursuant to Section 15.1-
431 of the Code of Virqinia, 1950, as amended, by advertising;
and,
WHEREAS, no public necessity exists for the continuance
of the aforesaid portion of right of way sought to be vacated
and the vacation will not abridge the rights of any citizen.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS
OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.1-482(b) of the Code of
Virginia, 1950, as amended, the aforesaid portion of right of
way be and is hereby vacated.
GRANTEE hereby conveys unto the GRANTOR and GRANTOR hereby
reserves a 30' water and sewer easement down the center of the
portion of right of way being vacated, as shown on the attached
plat.
This Ordinance shall be in full force and effect in
accordance with Section 15.1-482(b) of the Code of Virqinia,
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 15.1-485 of the Code of Virqinia, 1950, as amended.
The effect of this Ordinance pursuant to Section 15.1-483
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 portion of right of way hereby vacated in
the owners of the abutting lots, 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 LAURA J.
RICHARDSON, DONNA L. TUCK and VICKI R. TUCK, or their successors
in title, as GRANTEE.
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
15.C. TO CONSIDER AN ORDINANCE TO VACATE PORTIONS OF RAYON PARK
SUBDIVISION
Mr. stith stated this date and time has been advertised for a
public hearing to consider an ordinance to vacate portions of
Rayon Park Subdivision.
No one came forward to speak in favor of or against this
ordinance.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF
CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to
LONNIE TOLLEY, LARRY WALLS, DOUGLAS BLACKBURN,
LLOYD JOHNSON, RODNEY STEPHENSON, GLADYS
GETTINGS, TRUSTEES of BELLWOOD PENTECOSTAL
HOLINESS CHURCH, ("GRANTEE"), Block iA, the
area labeled "Reserved for Park" between
blocks iA and 11, a portion of Jefferson
Street, a/k/a Jubra Drive, the 50' right of
way between blocks 2 and 3 known as Vine
Street, and all of block 2, within Revised
Plan of Rayon Park Subdivision, BERMUDA
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 4,
at Pages 150 and 151.
97-164
3/12/97
WHEREAS, REVEREND DONALD G. MILNER, JR., petitioned the
Board of Supervisors of Chesterfield County, Virginia to vacate
Block iA, the area labeled "Reserved for Park" between blocks lA
and 11, a portion of Jefferson Street, a/k/a Jubra Drive, the
50' right of way between blocks 2 and 3, known as Vine Street,
and all of block 2~ within Revised Plan of Rayon Park
Subdivision, BERMUDA 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
4, Pages 150 and 151, dated JULY 5, 1928, and revised JULY 11,
16, and 31, 1928. The portion of Revised Plan of Rayon Park
petitioned to be vacated is more fully described as follows:
Block iA, the area labeled "Reserved for Park"
between blocks iA and 11, a portion of
Jefferson Street, a/k/a Jubra Drive, the 50'
right of way between blocks 2 and 3 known as
Vine Street, and all of block 2, within
Revised Plan of Rayon Park Subdivision, the
location of which is more fully shown on a
plat by CHARLES H. FLEET & ASSOCIATES, P.C.,
dated JULY 20, 1996, and revised JANUARY 28,
1997, a copy of which is attached hereto and
made a part of this ordinance.
WHEREAS, notice has been given pursuant to Section 15.1-
431 of the Code of Virqinia, 1950, as amended, by advertising;
and,
WHEREAS, no public necessity exists for the continuance
of the aforesaid portion of Revised Plan of Rayon Park
Subdivision, sought to be vacated and the vacation will not
abridge the rights of any citizen.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS
OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.1-482(b) of the C~d~ .... of
Virqinia, 1950, as amended, the aforesaid portion of Revised
Plan of Rayon Park Subdivision, be and is hereby vacated.
GRANTEE hereby conveys unto the GRANTOR and GRANTOR hereby
reserves a 10' easement across a portion of Jefferson Street,
a/k/a Jubra Drive, as shown on the attached plat.
This Ordinance shall be in full force and effect in
accordance with Section 15.1-482(b) 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 15.1-485 of the Code of Virginia, 1950, as amended.
The effect of this Ordinance pursuant to Section 15.1-483
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 centerline of the portions of the rights of
way hereby vacated in the adjacent property owners and fee
simple title to the lots hereby vacated in the underlying
owners, within Revised Plan of Rayon Park 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 LONNIE TOLLEY,
LARRY WALLS, DOUGLAS BLACKBURN, LLOYD JOHNSON, RODNEY
STEPHENSON, GLADYS GETTINGS, TRUSTEES of BELLWOOD PENT~COSTAL
HOLINESS CHURCH , or their successors in title, as GRANTEE.
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
97-165
3/12/9~
15.D. TO CONSIDER /~N O_~_DINANCE TO ~__~ND TN~ CODE OF THE COUNTY
OF C~ESTERFIELD, 1978, AS AMENDED, BY AMENDING SECTION
8-13.3 RELATING TO MOTOR VEHICLES OWNED BY MEMBERS OF
VOLUNTEER RESCUE SQUADS, MEMBERS OF VOLUNTEER FIRE
DEP/~TM~NTS AND AUXILIARY POLICE OFFICERS
Mr. Micas stated this date and time has been advertised for a
public hearing to consider an ordinance relating to motor
vehicles owned by members of volunteer rescue squads, members of
volunteer fire departments and auxiliary police officers.
Mr. George Beadles stated that he does not support the proposed
ordinance.
There being no one else to address this issue, the public
hearing was closed.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING
SECTION 8-13.3 RELATING TO MOTOR VEHICLES OWNED BY MEMBERS
OF VOLUNTEER RESCUE SQUADS, MEMBERS OF
VOLUNTEER FIRE DEPARTMENTS AND AUXILIARY POLICE OFFICERS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 8-13.3 of the Code of the County of
Chesterfield, 1978, as amended, is amended to read as follows:
Sec. 8-13.3. Motor vehicles owned by members of volunteer
rescue squads, members of volunteer fire
departments and auxiliary police officers.
(a) Motor vehicles (i) owned by members or auxiliary
members of a volunteer rescue squad or volunteer fire department
or persons appointed to serve as auxiliary police officers
pursuant to Code of Virginia, section 15.1-159.2, or (ii) leased
by members or auxiliary members of a volunteer rescue squad or
volunteer fire department if the member is obligated by the
terms of the lease to pay tangible personal property tax or the
motor vehicle hereby constitute a separate classification for
tangible personal property taxation, subject to the standards,
conditions and requirements provided in this section.
(b) For any tax year, only one (1) motor vehicle per owner
may be separately classified pursuant to subsection (a).
(c) To qualify for separate classification under this
section, the motor vehicle must:
(1) Be owned or leased by a member or auxiliary member
of a volunteer rescue squad or volunteer fire department or
owned by a person appointed to serve as an auxiliary police
officer pursuant to Code of Virginia, section 15.1-159.2.
(2) Be used regularly by the member to respond to rescue
squad, fire department or police department emergency calls or
used by a member who regularly performs other duties for the
rescue squad, fire department or police department; and
(3) Be used for such calls or to perform such other
duties more often than any other motor vehicle owned by the
member.
(d) Any member or auxiliary member of a volunteer rescue
squad or volunteer fire department or person appointed to serve
as an auxiliary police officer pursuant to Code of Virginia,
section 15.1-159.2, who seeks to have a motor vehicle separately
classified for a tax year under this section must, prior to
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97-166
January 31 of the tax year, furnish the commissioner of revenue
with a certification, signed under oath, by the fire chief or
head of the member's volunteer organization or department, that:
(1)
department;
The member is a member of the organization or
(2) The member regularly responded to emergency calls
received by the organization or department or regularly
performed other duties for the organization or department during
the previous calendar year;
(3) The motor vehicle for which a separate
classification is sought was regularly used to respond to such
calls or to perform such other duties; and
(4) Such motor vehicle was used for such calls more
often than any other vehicle owned by the member.
(e) Any member or auxiliary member of a volunteer rescue
squad or volunteer fire department or person appointed to serve
as an auxiliary police officer may replace a motor vehicle
certified pursuant to this section as of January 31 of the
current tax year at the time that the certified vehicle is sold
or transferred.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHaleo
Absent: Mr. Daniel.
16. REQUESTS FOR MOBILE HOME PERMITS AND REZONIN~
97SN0139
In Matoaca Magisterial District, MALBONE ASSOCIATES AND
SKINQUARTER PROPERTIES, INCORPORATED requested rezoning from
Residential Multi-Family (R-MF) to Residential (R-9) of 17.0
acres, from Residential Multi-Family (R-MF), Corporate office
(0-2) and Light Industrial (I-l) to Community Business (C-3)
with Conditional Use to permit Residential Multi-Family (R-MF)
uses on 68.0 acres plus amendment to Conditional Use Planned
Developments and rezoning (Cases 87S103, 89SN0219 and 97SN0137)
relative to maximum number of dwelling units in R-9 tracts,
protection of water quality in Swift Creek Reservoir and open
space requirements on property currently zoned Residential (R-9)
and Light Industrial (I-l). Residential use of up to 4,84 units
per acre is permitted in an R-9 District. The density of the C-
3 and I-1 tracts will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for community mixed use, mixed use
corridor and residential use of 2.2 units per acre or less.
This request lies on a total of 456.0 acres fronting in three
(3) places for a total of approximately 2,117 feet on the south
line of Hull Street Road, across from Otterdale Road. Tax Map
74 (1) Parcels 48 and 116 (Sheet 19).
Mr. Jacobson presented a summary of Case 97SN0139 and stated the
Planning Commission and staff recommends approval and acceptance
of proffered conditions. He noted the request conforms to the
Upper Swift Creek Plan.
John Cogbill, Esquire, representing the applicant, stated the
recommendation is acceptable.
There was someone present to speak to the request.
Mr. Warren stated that since there was input into the request,
it would placed in its normal sequence on the Agenda.
3/12/97
97-167
97SN0171
In Bermuda Magisterial District, DONALD HENRY SMITH requested
Conditional Use to permit a two-family dwelling 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 property is appropriate for
residential use of 1.01 to 2.5 units per acre. This request
lies on 0.52 acre fronting approximately 95 feet on the east
line of Chipstead Road, approximately 700 feet north of
Rockridge Road. Tax Map 132-4 (9) Hidden Valley, Section 6, Lot
48 (Sheet 41).
Mr. Jacobson presented a summary of Case 97SN0171 and stated the
Planning Commission and staff recommends approval, subject to
conditions.
Mr. Donald H. Smith stated the recommendation is acceptable.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved Case 97SN0171, subject to the following conditions:
1. Occupancy of the second dwelling unit shall be limited
to: the occupants of the principal dwelling unit,
individuals related to them by blood, marriage, adoption
or guardianship, and foster children, guests and any
domestic servants of the occupants of the principal
dwelling. (P)
2. Within sixty (60) days of the approval of this request,
a deed restriction shall be recorded setting forth the
limitation in Condition 1 above. The deed book and page
number of such restriction and a copy of the restriction
as recorded shall be submitted to the Planning
Department. (P)
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
97SN0139
In Matoaca Magisterial District, MALBONE ASSOCIATES AND
SKINQUARTER PROPERTIES, INCORPORATED requested rezoning from
Residential Multi-Family (R-MF) to Residential (R-9) of 17.0
acres, from Residential Multi-Family (R-MF), Corporate office
(0-2) and Light Industrial (I-l) to Community Business (C-3)
with Conditional Use to permit Residential Multi-Family (R-MF)
uses on 68.0 acres plus amendment to Conditional Use Planned
Developments and rezoning (Cases 87S103, 89SN0219 and 97SN0137)
relative to maximum number of dwelling units in R-9 tracts,
protection of water quality in Swift Creek Reservoir and open
space requirements on property currently zoned Residential (R-9)
and Light Industrial (I-l). Residential use of up to 4.84 units
per acre is permitted in an R-9 District. The density of the C-
3 and I-1 tracts will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for community mixed use, mixed use
corridor and residential use of 2.2 units per acre or less.
This request lies on a total of 456.0 acres fronting in three
(3) places for a total of approximately 2,117 feet on the south
line of Hull Street Road, across from Otterdale Road. Tax Map
74 (1) Parcels 48 and 116 (Sheet 19).
Mr. Jacobson presented a summary of Case 97SN0139 and stated the
Planning Commission and staff recommends approval and acceptance
of proffered conditions. He noted the request conforms to the
Upper swift Creek Plan.
97-168
3/12/97
Mr. George Beadles requested staff to present an overview of the
County's Thoroughfare Plan as it relates to this request. He
expressed concerns relative to removing a previous zoning
condition concerning water protection quality.
Mr. Cogbill, representing the applicant, stated that the
recommendation is acceptable. He further stated that water
quality issues of this request were carefully discussed at the
Planning Commission level. He stated that this property is
currently covered by four (4) previous zoning requests and the
applicants are only attempting to consolidate them and provide
an overall project which is comparable to Woodlake or
Brandermill, in terms of quality. He further stated that the
applicant is very comfortable with the roads as they have
currently been set up. When asked, he clarified that as
Otterdale Road extends and carries a greater portion of the
western area traffic, there will be minimal impact on residents
in this area.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved Case 97SN0139 and accepted the following proffered
conditions:
The owners and applicant (the "Applicant") in this rezOnin~
case, pursuant to §15.1-491.2:1 of the Code of Virginia (1950 as
amended) and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the
development of the property known as Chesterfield County Tax Map
Parcels 74-(1)-116 part and 74-(1)-48 (the "Property") under
consideration will be developed according to the following
conditions if, and only if, the rezoning for R-9 and the
rezoning and conditional use request for C-3 is granted. In the
event the request is denied or approved with conditions not
agreed to by the Applicant, the proffers and conditions shall
immediately be null and void and of no further force or effect.
If the rezoning is granted, these proffers and conditions will
supersede all proffers and conditions now existing on the
Property.
Public water and wastewater systems shall be used.
[NOTE: This was a condition of case 87S103 and a p~offe~
of case 89SN0219.]
In addition to the required extension of a 24" water line
along Hull Street Road to the Property (condition ~2 of
89SN0219 and condition #3 of 87S103), the Applicant shall
extend this 24" water main along Hull Street Road to the
western property line of the subject Property
approximately 850 feet west of "Otterdale Road Extended"
and extend a 16" water main along future Otterdale Road
Extended to the southern property line of the subject
Property. The appropriate credits for oversizing the
water main to a 16" line shall be provided according to
the County's policy for credits.
In addition to the required extension of a wastewater
trunk line along Dry Creek to the Property (condition #5
of 89SN0219 and condition #2b of 89SN0243), the Applicant
shall extend this trunk line to the western property line
of the subject Property,
The required participation in the expansion of the Dry
Creek wastewater pump station (condition #4 of 89SN0219
and condition #2a of 89SN0243) shall be in the form of a
cash proffer to the County in the amount of $200.00 per
acre (total payment of $91,200.00). These funds shall be
used only for the expansion of the Dry Creek wastewater
pump station. A payment in the amount of $59,200.00 for
the property rezoned in cases 87S103 and 89SN0243 and
shown as Parcels A-H on the plan titled "Hampton Park"
prepared by Timmons and Associates, dated 11/6/96
3/12/97
97-169
("Exhibit A") has been made to the County. The remaining
payment of $32,000.00 shall be paid prior to the issuance
of the first building permit for development on Parcels
I-M on Exhibit A (Case 89SN0219).
These payments represent the entire cash proffer for the
Applicant's participation in the expansion of the Dry
Creek wastewater pump station.
The required overall water and wastewater plan for the
Property (condition ~3 of case 89SN0219) entitled
"Hampton Park - Master Plan - Water and Sewer" dated June
23, 1995, prepared by Timmons and Associates, shall be
revised and submitted for re-approval to the Utilities
Department Development Section subject to the following
time frame and revision form:
Revision 1 - At least thirty (30) days prior to
final approval of any tentative subdivision,
construction plan, or site plan for Parcels A-H
shown on Exhibit A (excluding the areas known as
"Hampton Park, Sections 1, 2, 3 and 4) the
revised overall plan shall be submitted and
approved by the Utilities Department. Revision
1 shall reflect the following:
Extension of a 24" water main along Hull
Street Road to the western property line of
the Property approximately 850 feet west of
Otterdale Road Extended and extension of a
16" water main along future Otterdale Road
Extended to the southern property line of
the Property.
Be
ii Extension of a wastewater trunk along Dry
Creek to the western property line of the
Property.
iii A phasing plan for the facilities listed in
i. and ii. above, including the specific
target time frames for the incremental
extension of these facilities coordinated
with development on specified portions of
the Property. This phasing plan shall be
submitted for approval by the Utilities
Department.
Revision 2 - At least thirty (30) days prior to
final approval of any tentative subdivision,
construction plan, or site plan for Parcels I-M
shown on Exhibit A (excluding the areas known as
"Hampton Park, Sections 1 and 2) the revised
overall plan shall be submitted and approved by
the Utilities Department. Revision 2 shall
reflect the following:
i All on-site water and wastewater lines
necessary to serve development on Parcels
I-M (see Exhibit A).
ii Extension of a 24" water main along Hull
Street Road to the western property line of
the Property approximately 850 feet west of
Otterdale Road Extended and extension of a
16" water main along future Otterdale Road
Extended to the southern property line of
the Property.
iii Extension of a wastewater trunk along Dry
Creek to the western property line of the
Property.
97-170
3/12/97
e
·
iv
A phasing plan for the facilities listed in
i., ii., and iii. above, including the
specific target time frames for the
incremental extension of these facilities
coordinated with development on specified
portions of the Property. This phasing
plan shall be submitted for approval by the
Utilities Department.
Ail tentative subdivision, construction plans,
and site plans shall conform to the approved
water and wastewater system plan as outlined
above. Any proposed deviation shall require
revision and re-approval of the overall plan
and/or phasing plan prior to approval of any
additional tentative subdivision, construction
plans, or site plans for the Property.
Except for the timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices have been installed.
The total number of residential units (inclusive of
single family, multi-family, or other type residential
unit) on the Property shall not exceed an overall density
of 1050 dwelling units. The total number of single
family dwelling units on the Property shall not exceed
799 dwelling units.
Up to 100% of the acreage for the C-3 zoned parCels
(Parcel B, or Parcels I and G in combination) may be used
for multi-family uses. Only one of these locations shall
be used entirely for multi-family development.
Uses in the area designated Parcel B on Exhibit A shall
be as follows:
B.
C.
D.
Uses permitted in the Residential Multi-family
(R-MF) Districts.
Uses permitted in the Residential TownhouSe (R-
TH) Districts.
Uses permitted in Corporate Office (0-2)
Districts, except as restricted in D. below.
Uses permitted in the Convenience Business (C-i)
Districts plus the following uses subject to the
restrictions listed below.
i. Art schools, galleries, or museums.
ii. Catering establishments.
iii. Churches and/or Sunday Schools.
iv. Delicatessens.
v. Restaurants, to include carry~out
restaurants, but not fast-food restaurants.
vi. Travel arranging and transportation ticket
services.
Restrictions
A maximum of five (5) acres and a maximum of 15,000 gross
square feet may be developed for the uses listed in D.
above. The acreage shall be located a minimum of 400
feet from the center line of route 360, at the
intersection of the East/West Arterial and the East/West
Stub as shown on Exhibit B-1. All uses, including
storage, shall be conducted entirely within an enclosed
building, except for accessory automobile parking,
loading or unloading facilities. No use shall be
permitted which is classified by the Uniform Statewide
Building Code as high hazard. No goods may be produced
3/12/97
97-171
10.
11.
12.
13.
14.
for retail sale on the premises if more than five (5)
persons are engaged in such production (excludes food
preparation such as for a restaurant, deli or catering
facility or sales by art schools, galleries, museums, or
churches).
For traffic planning purposes, the maximum density of the
Property shall be 733,300 square feet of light
industrial, 150,000 square feet of retail, 749 single
family residential units, and 300 multiple family
residential units or equivalent densities as approved by
the Transportation Department.
The following rights-of-way shall be dedicated, free and
unrestricted, to Chesterfield County. These dedications
shall occur in conjunction with site plan approval and/or
recordation of subdivision plats for development of
properties adjacent to them or within sixty (60) days
after request by the County, whichever shall occur first:
ae
a ninety (90) foot wide right-of-way for
Otterdale Road Extended (the North/South
Arterial) from Route 360 to the southern
Property line;
Be
a ninety (90) foot wide right-of-way for the
East/West Arterial from Route 360 to the western
Property line;
Ce
a ninety (90) foot wide right-of-way for the
East/West Stub from the East/West Arterial to
the eastern Property line; and
a one hundred (100) foot right-of-way on the
south side of Route 360, measured from the
existing centerline, along the entire Property
frontage.
The exact location of these rights-of-way shall
be approved by the Transportation Department.
Prior to site plan or tentative subdivision approval,
whichever occurs first, an access plan for the
North/South Arterial, the East/West Arterial, and the
East/West Stub shall be submitted to and approved by the
Transportation Department. Access to the Property shall
conform to the approved access plan or as otherwise
approved by the Transportation Department.
Direct access to Route 360 shall be limited to the two
(2) public roads generally depicted on the Master Plan.
These accesses shall align with the existing crossovers
along Route 360. This restriction may be modified by the
Transportation Department to permit additional accesses
to Route 360 such as right-in, right-out accesses.
To provide an adequate roadway system at the time of
complete development, the Developer shall be responsible
for the following (except as otherwise modified by
revisions, acceptable to the Transportation Department,
of the Wilbur Smith Associates Traffic Analysis dated
October 29, 1987). If any of the improvements are
provided by others then the specific requirement shall be
deemed satisfied.
Construction of an additional lane of pavement
along the eastbound lanes of Route 360 for the
entire Property frontage;
97-172
3/12/97
15.
16.
17.
Be
Construction of a six-lane typical section (i.e.
four (4) northbound lanes and two (2) southbound
lanes) for the North/South Arterial at its
intersection with Route 360;
Co
Construction of a four-lane typical section
(i.e. three (3) northbound lanes and one (1)
southbound lane) for the East/West Arterial at
its intersection with Route 360;
Construction of left and right turn lanes along
the North/South Arterial, the East/West
Arterial, and the East/West Stub at each
approved access, if warranted, based on
Transportation Department standards;
E®
ConstrUction of the North/South Arterial as a
two (2) lane facility from Route 360 to the
southern Property line;
Fe
Construction of the East/West Arterial as a two
(2) lane facility from Route 360 to the western
Property line;
Ge
Construction of the East/West Stub as a two (2)
lane facility from the East/West Arterial to the
eastern Property line;
He
One-half of the cost of traffic signalization at
the intersection of Route 360 and the
North/South Arterial;
One-half of the cost of traffic signalization at
the intersection of Route 360 and the East/West
Arterial;
Jo
Construction of right-turn lanes along the
eastbound lanes of Route 360 at the North/South
Arterial and the East/West Arterial
intersections;
Construction of a single left-turn la~e along
the westbound lanes of Route 360 at the
East/West Arterial intersection;
Construction of dual left-turn lanes along the
westbound lanes of Route 360 at the North/South
Arterial intersection;
Me
Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easement) required for the improvements
identified above.
Prior to any site plan or road and drainage plan
approval, whichever occurs first, a phasing plan fo~ the
required road improvements, as identified Proffer 14.
above, shall be submitted to, and approved by, the
Transportation Department.
The unenforceability, illegality, elimination, revision
or amendment of any proffer set forth herein, in whole or
in part, shall not affect the validity or enforceability
of the other proffers or the unaffected part of any such
proffer.
The Master Plan titled "Hampton Park I" and UHampton Park
II," prepared by The Planning and Design Collaborative,
Inc. and attached as Exhibit B-1 and Exhibit~B~2 shall be
considered the Master Plan for the Property.
3/12/97
97-173
18.
Parcels B, G and I on Exhibit A shall drain through a BMP
facility.
(NOTE: Condition 4 of Case 87S103 and Condition 4 of
Case 89SN0243 require the industrially zoned property to
drain through BMP facilities.)
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
91SN0172 (Amended)
In Midlothian Magisterial District, THE TUCKAHOE CARDINAL
CORPORATION AND GLEN ROY CORPORATION requested rezoning from
Agricultural (A) to Residential (R-12) of 132.8 acres,
Residential (R-9) of 102.5 acres, Residential Townhouse (R-TH)
of 60.1 acres, Multi-Family Residential (R-MF) of 21.3 acres,
Corporate office (0-2) of 16.6 acres, and Community Business (C-
3) of 56.7 acres plus Conditional Use Planned Development to
permit use and bulk exceptions on these tracts and an adjacent
50.1 acre tract zoned Agricultural (A). A mixed use development
to include residential, office, commercial and public/semi-
public uses is planned. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
village square, village fringe, planned transition area, passive
recreation/conservation area and residential use of 1.01 to 4.0
units per acre. This request lies on a total of 440.1 acres
fronting in two (2) places for a total of approximately 3,545
feet on the east line of Coalfield Road across from North
Woolridge Road, also fronting approximately 91 feet on the west
line of Walton Park Road and located at the northern termini of
Glenpark Lane, Kingscross Road, Castle Hollow Road, Downwood
Road and Foothill Lane and the western terminus of Castleway
Road. Tax Map 25-4 (1) Part of Parcel 4 (Sheet 7).
Mr. Jacobson presented a summary of Case 91SN0172 and stated the
Planning Commission and staff recommends approval, subject to
one condition and acceptance of proffered conditions. He
further stated that the applicant submitted a revised proffered
condition Number 2 after advertisement of the request,
therefore, if the Board wishes to consider this proffer, it will
need to suspend its rules of procedures. He noted the request
conforms to the Midlothian Area Community Plan.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
suspended it rules at this time to consider the amended
proffered condition.
Ayes: Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
Mr. Barber stated that the motivation for the Midlothian Villaqe
Plan was the commercial zoning that was done approximately ten
years ago that is now allowing for the Walgreens development.
He further stated that the overlay standards was the method that
the community devises to protect that Village atmosphere and to
guide growth in the future. He stated that he feels these
issues need to be recognized as this request is being
considered.
Mr. John Easter, representing the applicant, stated the
recommendation is acceptable, including acceptance of the
amended proffered condition. He further stated that the amended
proffered condition was submitted because of concerns expressed
by Mr. Barber and Mr. Warren. He stated that the proffered
condition will allow an additional $120,000 in cash proffers to
be available, which makes a full value of the cash proffers on
this request over $4 million. He then introduced Mr. Tom
Garner, Chief Managing officer of the two corporations which own
the Grove property.
3/12/97
97-174
Mr. Garner presented an overview and history of the proposed
Grove development and stated that the Division of Historic
Resources has declared that the mine ruins are the highest
designation of historical sites and are nationally significant.
He further stated that the Federal Department of Transportation
and others have recognized that the highest and best use for old
abandoned railroad tracks is for pedestrian and bicycle walkways
and trails, especially if they are historic. He recognized
several members, including himself, of the citizens Advisory
Committee for the Midlothian Area Community Plan, who assisted
in master planning this area, who were present at the meeting.
He further stated that the development, south of Woolridge Road,
will have 738 units, including residential townhouse areas, of
two units per acre, and noted that the Midlothian Plan allows up
to 4.5 units per acre. He further stated that the applicant has
donated property for a library and the YMCA and that all
property north of Woolridge Road will not be considered the
Grove in the future, but will be called the Village of
Midlothian.
Mr. George Beadles stated that he is opposed to the Board
suspending its rules and accepting proffered conditions that are
submitted after the case has been advertised and that do not
meet the Board's policies. He further stated that he would also
like this request decided by the full Board, not only four
members.
Mr. Steve Marusco, a resident of Walton Park, expressed concerns
relative to Mr. Barber's campaign contributions and expenses and
to this request being a conflict of interest for Mr. Barber
because the Grove lawyer was Mr. Barber's campaign treasurer.
Mr. Warren warned Mr. Marusco to refrain from personal attacks.
Mr. Marusco also expressed concerns relative to the excessive
growth currently in the Village of Midlothian; increased traffic
congestion if the proposed request is approved; improvements to
Woolridge Road not alleviating the traffic problems; and, again,
to Mr. Barber's campaign contributions.
Mr. Warren warned Mr. Marusco again to refrain from personal
attacks. He then declared Mr. Marusco to be out of order and
requested that he be removed from the microphone.
Mr. Bob Beatty, stated that he represents the Walton Park
Community Association as President. He further stated that they
represent approximately forty percent of the households in
Walton Park. He stated that the Board of Directors accepted the
Association's Community Awareness Sub-committee's recommendation
to endorse the development of the Grove. He stated that Mr.
Garner has attended many Association meetings and presented the
plan. He further stated that, as a resident, he fully expected
the area to be developed and that he supports the Grove
development.
Ms. Crystal Mylack, a resident of Walton Park and a member of
the Community Awareness Committee, stated that she is very
familiar with the Grove project; that citizens in the area have
been informed about this property for a very long time; and that
the applicant has taken some of the suggestions of citizens to
become a friendly neighbor, to Walton Park. She further Stated
that she sees this project as good development for the area and
that she supports the request.
Mr. Gordon Myer, a resident of Walton Park and a member of the
Community Awareness Committee and the Midlothian Coalition,
stated that the trees in the area are nice, however, it is not
realistic to believe that this area would never be developed.
He further stated that he feels the applicant has put together
a sensible development plan; that the applicant has been open
with Walton Park residents; that the applicant has pre'sented the
plan to the residents; that the applicant has been very
3/12/97
97-175
interested in the area and has been an excellent developer. He
stated that the proposed park on the development will benefit
Walton Park and requested the Board's favorable consideration of
the request.
Mr. Ralph Hollingworth, President of the Queensmill Civic
Association, stated that he is representing approximately 500
members; that they support the request; and that they appreciate
the efforts of the County and applicant in keeping them informed
of the request. He further stated that their concerns regarding
flow-through traffic and lot sizes have been addressed and that
the applicant is allowing Queensmill residents pedestrian and
bicycle access to the park and recreation areas in the Grove.
He stated that they also see the Grove development as a catalyst
to getting Woolridge Road extended.
Mr. Curtis Culburn, a resident of Walton Park and a member of
the Walton Park Community Association, stated that he feels the
Grove project, which was originally proposed in late 1987,
actually led to the Midlothian Village Plan, and gave a brief
history of the original proposal. He further stated that the
Association does not represent the majority of the homeowners in
Walton Park. He stated that the vast majority of homeowners in
the neighborhood, to which he has spoken, oppose this
development, as well as, the Walgreen Development and the
extension of Woolridge Road. He requested that the Board deny
the request.
Mr. Gernie Johnson, President and Chief Executive officer of the
YMCA of Greater Richmond, stated that he supports the proposed
request and requested that the Board approve the request. He
further stated that he feels the applicant has gone the extra
mile to development a plan that everyone would be happy with and
one that is consistent with the Midlothian Village Plan; that he
feels the proposed request is beneficial to the future of the
children and families of Midlothian; and that they are happy
with the pedestrian and bicycle paths that are part of the plan.
He stated that it is his understanding that the extension of
Woolridge Road will improve the traffic conditions in the area.
Mrs. Humphrey excused herself from the meeting.
Mr. Raymond Schmidt, a resident of Walton Park, stated that the
applicant has been working on this project for many years and
that he feels the applicant should be commended for donating the
property for the library and the YMCA. He expressed concerns
relative to the overcrowding in area schools because of this
development; to transportation issues in the area; and to the
proffered condition relating to the developer being credited for
$550,000 in exchange for the park land. He stated that this
property was zoned agricultural and is a lot of the reason of
why citizens moved to Walton Park. He requested that the Board
deny the request.
Mrs. Humphrey returned to the meeting.
Mr. John Snyder, a resident of Walton Park, expressed concerns
relative to the overcrowding of schools if this request is
approved and to there being no master plan or long-range plan
for the additional students that will come from this
development. He requested that the Board have some type of
coordinated plan with the County School System outlining the
number of additional students and how much additional school
space will be required before any decision is made regarding
this development.
Mr. Louis Clemonson, a resident of Walton Park, expressed
concerns relative to the previous speaker not being able to
address his concerns about Mr. Barber.
97-176
3/12/97
Mr. Warren stated that the Board does not permit personal
attacks and requested that Mr. Clemonson comment on the propOsed
request at this time.
Mr. Clemonson stated that he feels it is important to the
decision making process to know the information that was trying
to be expressed about Mr. Barber.
Mr. Warren stated that this is not the forum to diScuss those
types of charges, but is a forum to discuss the request before
the Board.
Mr. Bill Johns, a resident of Queensmill Subdivision, stated
that he has reviewed this plan over the past several years; that
he feels the plan is good; that the development meets the intent
of the Midlothian Village Plan; that he supports the plan; and
that he looks forward to the applicant starting improvements on
Woolridge Road. He requested the Board's favorable
consideration of the request.
Ms. Josie Schmidt inquired as to whether it was proper for the
Chairman to order Mr. Marusco away from the podium?
Mr. Micas stated that under the Robert's Rules of O~'der, the
Chairman controls the meeting. He further stated that the
purpose of a public hearing in Virginia is to consider the
appropriateness of the land use and nothing else. He stated
that if there are any charges about the misconduct, anyone can
take those charges to the Commonwealth Attorney.
Ms. Schmidt stated that she feels the issue is whether this
property needs to be developed and whether development of the
land is in the best interest of the Village of Midlothian. She
further stated that she feels the applicant has good dreams,
however, feels this area is not the property place for this
development.
Ms. Marie Strack, a resident of Queensmill Subdivision ahd a
member of the Midlothian Village Coalition, the YMCA Board, and
the Queensmill Board, stated that the applicant has worked with
Queensmill residents and changed his plan to address concerns of
the residents. She further stated that the applicant addressed
all the concerns of their Association; that she feels this
request is a good plan; that the request meets the Midlothian
Plan; and requested the Board to approve the request.
Ms. Betty Weaver stated that she feels the applicant"s ProPosal
will ensure many trees remain in Midlothian; that she supports
the request; that the applicant has been refining this project
in every detail for many years; and that the applicant has
included preservation of Midlothian's unique historical sites
and conservation of its great natural landscaping. She further
stated that she feels the development will make Midlothian one
of the most desirable neighborhoods in the State of Virginia and
will add greatly to the quality of life of the community°
Mr. Peppi Jones, a resident of the historic core of the Village
of Midlothian, stated that he feels the proposed request not
only meets, but far exceeds all aspects of the Midlothian Plan;
that he supports the request; that the proposed development is
much less dense than Walton Park; that he is happy with the
plan; and requested the Board to approve the request.
Ms. Amber Berrela expressed concerns relative to taxpayers
paying for road improvements and there being no proffer in this
request to provide infrastructure for schools.
Mr. Barber requested that the Chairman allow Mr. Marusc~ his
three minutes of time to speak. He stated that what he has to
say about the request might be relevant, however, what he may
say about him is less than accurate and he will deal with that
after the comments are expressed.
3/12/97
97-177
Mr. Warren stated that on the recommendation of Mr. Barber, he
will allow Mr. Marusco to speak.
Mr. Marusco expressed concerns relative to monetary
contributions that Mr. Barber received during his campaign and
to his campaign benefiting from the efforts of the Grove
lawyer's family. He stated that he feels Mr. Barber is far too
biased to vote on this request and would not be representing his
constituents in a fair and reasonable manner if he voted on the
request this evening. He requested that Mr. Barber not vote on
this request; that the Board examine the situation that he has
brought before the Board; and that there be a referendum on the
Grove, in the next ensuing election, to ensure that the citizens
have their input.
There being no one else to address this issue, the public
hearing was closed.
Mr. Easter stated that there will be other forums to respond to
the blatantly false allegations that have been made this
evening. He further stated that the Board of Supervisors should
vote based on the merits of this request. He stated that the
applicant is proffering $2.5 million for infrastructure for
schools. He stated that improvements to Woolridge Road will
provide a very substantial relief to traffic in the Village of
Midlothian and will be of great benefit to residents in the
area. He requested the Board's favorable consideration of this
request.
Mr. Barber stated that Mr. Marusco's allegations are blatantly
false and he would like the allegations turned over to the
Commonwealth Attorney for a complete investigation. He further
stated that there has been no wrong doing; that Mr. Marusco and
his wife have delivered thousands of flyers regarding this
request and there are only a handful of people present this
evening about the request. He stated that he sent 1,150 letters
to residents of Walton Park and received only four calls in
opposition to the request. He further stated that improvements
to Woolridge Road will sufficiently eliminate the cut-through
traffic in Walton Park and that there is a coordinated plan for
the schools. He stated that this project will be less than
halfway developed in six years; that it will be the low density,
single-family housing that develops first; that the impact of
the development on schools can be accommodated; and that the
lots pay the cash proffers for schools. He further stated that
over the years, the applicant and his family have donated
property or made property available for Watkins Elementary
School; donated library property and library expansion property;
and donated the YMCA property. He stated that this plan was
developed with a tremendous amount of community input; that the
applicant has met with all area community associations multiple
times regarding this request; that he feels the project is an
asset to the community; and requested the Board to approve the
request. He stated that he is very comfortable with the request
and that it is unfortunate that people become so emotional over
the development in the area, some of which the Board of
Supervisors has no control over.
Mr. Barber then made a motion, seconded by Mrs. Humphrey, for
the Board to approve Case 92SN0172, subject to one condition and
acceptance of the proffered conditions.
Mr. McHale stated that the Board of Supervisors and Planning
Department staff work hard to have substantial compliance with
the Plan when it comes to zoning requests. He further stated
that he feels the comments expressed by those in support of the
request clearly made the case for him; that the proposed request
is substantially in accord with the Midlothian Villaqe Plan; and
that he feels the applicant is making substantial contributions
to the community. He stated that the cash proffers offered by
the applicant conform to the County's cash proffer policy and
that he will support the request.
3/12/97
97-178
Mrs. Humphrey stated that people are aware that development is
occurring and that the Winterpock community is striving to do
similar development, as the Grove project, in Winterpock. She
noted that a historical marker was placed in the Winterpock
community recently to commemorate the original coal mines in
Chesterfield.
Mr. Jacobson stated that the foundation for the proposed zoning
was put in place through a community plan; that a very lengthy
process was put together as to how Midlothian is to develop; and
that he feels the request enhances the Midlothian Village. He
further stated that in the beginning, there was a lot of
concerns about the continuation of strip commercial development
on Midlothian Turnpike. He stated that he feels the Plan
guides proper development and saves the history and beauty and
enhances the future of Midlothian Village. He further stated
that traffic concerns in the area are being addressed and
staff's charge is to design a Plan to accommodate the additional
students from this development. He stated that special zoning
standards have been put in place for Midlothian Village and that
the Planning Commission and staff voted unanimously to support
the request.
Mr. Warren called for the vote on the motion made by Mr. Barber,
seconded by Mrs. Humphrey, for the Board to approve Case
9~N0172, subject to the following condition:
The Textual Statement dated February 13, 1997, shall be
considered a part of the Master Plan. (P)
(NOTE: This condition is in addition to Proffered
Condition 1)
Ahd, further, the Board accepted the following proffered
conditions:
The property owners and applicants in this rezoning case,
pursuant to section 15.1-491.2:1 of the Code of Virginia of
1950, as amended, and the Zoning Ordinance of Chesterfield
County, for themselves and their successors or assigns, proffer
that the development of the property under consideration will be
in accordance with the following proffers if, and only if, the
rezoning request submitted herewith is granted with only those
conditions agreed to by the owners and applicants. In the event
this request is denied or approved with conditions not agreed to
by the owners and applicants, the proffers shall immediately be
null and void and of no further force and effect°
The Zoning Plat prepared by E.D. Lewis & Associates dated
September 19, 1994, and revised December 27,1996 ("the
Plan"), shall be considered the Master Plan.
°
At the time designated below, the applicant, ~Ubdivide~,
or assignee, shall pay the following to the County of
Chesterfield, prior to time of building permit
application, for infrastructure improvements within the
service district for the property:
am
Subject to the limitations set forth in
subsections 2(b)-(e) below, at the time of
building permit application, the Applicants;
their successors or assigns, shall pay the
following applicable cash proffer fees for each
dwelling unit in the Development:
$2,420 ("the Base Amount") (which shall be
allocated as follows: $2,086 to schoolS,
$120 to libraries, and $214 to fire),
adjusted upward by any percentage increase
in the maximum cash proffer amount approved
by the Board from the amount currently
approved by the Board ($5,175); provided
3/12/97
97-179
Se
that such upward adjustment shall not
exceed any increase in the Marshall and
Swift Building Cost Index between July 1,
1996 and July 1 of the fiscal year in which
the payment is made; and
ii. $1,611 ("the Transportation Component")
On any parcel or group of five or more
residential units designed for elderly
retirement housing, the units of which shall
meet the occupancy requirements for "age 55 or
over" housing as set forth in Sec. 3607 of the
Fair Housing Act, 42 USCS §§ 3601 et seq., as
amended by the Fair Housing Amendments Act of
1988 and of 24 CFR § 100.304 in effect as of the
date of the rezoning, and the occupancy
requirement that no person under 19 shall reside
in these units, the Base Amount set forth in
2(a) above shall be reduced by $2,086 per
dwelling unit, as adjusted in accordance with
paragraph 2(a)(i);
If the County has rejected the offer for
dedication of the park property described in
proffer number 5, the Base Amount set forth in
2(a) above shall be increased by $529 per
dwelling unit, as adjusted in accordance with
paragraph 2(a) (i);
If the cash proffers are not expended for the
purposes designated by the Capital Improvement
Program within fifteen (15) years from the date
of payment, they shall be returned in full to
the Applicants, their successors or assigns.
Se
Should Chesterfield County impose impact fees
for schools, parks, roads, libraries, and/or
fire stations at any time during the life of the
Development, the amount paid in cash proffers
shall be in lieu of or credited toward any
impact fees, at the determination of the County.
Public water and wastewater systems shall be used.
At least thirty (30) days prior to the submission of the
first tentative subdivision or site plan, an overall
water distribution and waste water collection system plan
shall be prepared in accordance with the County's water
and waste water specifications and procedures, and shall
be submitted to the Department of Utilities for review
and approval. Such plan shall be approved prior to any
tentative subdivision or site plan approval.
Prior to approval of the first tentative subdivision or
first site plan, a minimum of fifty (50) acres shall be
offered for dedication to and for Chesterfield County,
free and unrestricted except as qualified herein, for the
use as a public park. The offer shall include a
geotechnical report submitted by the person making the
offer for dedication. The geotechnical report relating
to the property proposed to be dedicated shall include
any of the information outlined in Proffered Condition 26
as may be required by the Director of Parks and
Recreation.
Unless the Director of Parks and Recreation refuses the
offer for dedication based on health and safety concerns
stemming from geotechnical issues or a Phase 1
environmental study, the property shall be dedicated to
and for Chesterfield County, free and unrestricted except
as qualified herein, for the use as a public park. The
3/12/97
97-180
6,
10.
11.
land shall be located as generally shown as the two
Parcels labeled A on the Plan. The exact location,
however, shall be approved by the Director of Parks and
Recreation. Any dedication shall provide for vehicular
access acceptable to the Director of Parks and
Recreation, but the person making the dedication shall
have no obligation to construct such access. Prior to
dedication, storm water issues which affect this property
shall be resolved to the satisfaction of the Directors of
Environmental Engineering and Parks and Recreation and to
the property owner. Further, the dedication may reserVe
easements for utilities, storm water management,
pedestrian and bicycle paths, and grave relocation,
subject to approval of the existence and future location
by the Director of Parks and Recreation.
Prior to approval of the first tentative subdivision or
first site plan, a Pedestrian/ Bicycle Plan for the
overall project shall be submitted to the Planning and
Transportation Departments. The Plan shall show the
general location of the major pedestrian and bicycle
ways, and shall include connections between the two
Parcels labeled A on the Plan and conneCtions to
Queensmill and Walton Park subdivisions, which maY be
located in the vicinity of Kingscross Road, Castle Hollow
Road, Dawnwood Drive, and Glenpark Lane, as shown on the
Plan. The exact location and width of such PathwayS
shall be approved by the Planning and Transportation
Departments. The system will be constructed in phases
based upon approval of a phasing plan by the Planning and
Transportation Departments.
The overall number of residential units shall not exceed
993.
Within the RTH parcels, a minimum twenty-five (25) foot
buffer shall be maintained where an adjoining parcel
zoned R-9 or R-12 abuts a lot containing an attached
dwelling that is part of a group of attached dwellings
that contains more than three units. This buffer shall
conform to Sections 21.1-226 through 21.1-228 of the
Zoning Ordinance.
Within the RTH parcels, detached and attached dwellings
shall be separated into discrete areas so that they are
not interspersed throughout the parcel. Any one cul~de~
sac or side of one block shall contain either detached
dwellings or attached dwellings, but not both.
Within Parcel 4, all lots adjoining Queensmill or Walton
Park subdivisions shall meet the requirements for the R-
15 district that are contained in section 21.1-70 of the
Zoning Ordinance.
Within Parcel 4, a recreational facility may b~e
constructed by the developer at the approximate location
shown on the Plan. The exact location shall be apprOVed
by the Planning Department at the time of tentative
subdivision approval for Parcel 4. The r~Creatio~al
facilities shall be subject to the following
restrictions:
ae
Outside public address systems or speakers shall
not be used between the hours of 11:00 p.m. and
8:00 a.m.
0
With the exception of playground areas which
accommodate swings, jungle gyms, or similar such
facilities, all outdoor play fields, courts,
swimming pools and similar active recreational
areas shall be located a minimum of 100 feet
from any proposed or existing single family
residential lot line and a minimum of fifty (50)
3/12/97
97-181
12.
13.
14.
15.
feet from any existing or proposed public road.
Nothing herein shall prevent development of
indoor facilities and/or parking within the 100
foot setback. Within the 100 foot setback, a
fifty (50) foot buffer shall be provided along
the perimeter of all active recreational
facilities except where adjacent to any existing
or proposed roads. This buffer shall conform to
the requirements of the Zoning Ordinance,
Sections 21.1-227 and 21.1-228, for fifty (50)
foot buffers.
Any playground areas (i.e. areas accommodating
swings, jungle gyms or similar such facilities)
shall be located a minimum of forty (40) feet
from all property lines. A forty (40) foot
buffer shall be provided along the perimeter of
these recreational facilities except where
adjacent to any existing or proposed roads.
This buffer shall conform to the requirements of
the Zoning Ordinance, Sections 21.1-227 and
21.1-228 for fifty (50) foot buffers.
Within Parcel 6, Convenience Business (C-l) uses shall
not exceed 7,500 square feet of gross floor area and
shall be confined to a single area not to exceed two (2)
acres. Convenience Business (C-i) uses shall conform to
the requirements of the Zoning Ordinance for C-1
Districts in Emerging Growth Districts and to the
architectural requirements of Section 21.1-255.7 of the
Zoning Ordinance. Access to any Convenience Business
portion of Parcel 6 may be across any other portion of
the Parcel, but shall be designed to minimize the impact
of commercial traffic on the residential uses.
Prior to the first site plan approval for Parcel 8, plans
for at least one (1) acre of village green area designed
for recreational or public/semi-public uses shall be
submitted to and approved by the Planning Department.
This area shall be designated through the recordation of
an open space easement for public and semi-public uses
such as area civic association events, special commercial
events or cultural activities. The design of this space
shall be approved by the Planning Department and the
design shall include the ability to provide facilities
such as, but not limited to, fountains, lakes, benches,
bandstands, gazebos, and lawn areas. The final approved
design shall be implemented and the approved facilities
shall be constructed prior to the issuance of a
certificate of occupancy for more than 30,000 square feet
of gross floor area for uses in Parcel 8; provided,
however, that if the Planning Department approves a
phasing plan for construction of such facilities(which
phasing plan could include bonding for construction of
the facilities), construction of the facilities may be
phased in accordance with such phasing plan.
The developer shall be responsible for notifying by
registered, certified or first class mail, the last known
representative on file with the County Planning
Department of the Queensmill and Walton Park homeowners
associations, of the submission of any site or tentative
subdivision plan. Such notification shall occur as soon
as practical, but in no event less than twenty-one (21)
days prior to approval or disapproval of the plan. The
developer shall provide the Planning Department with an
affidavit that such notice has been sent.
In conjunction with recordation of the first subdivision
plat, or prior to site plan approval for any development
on Parcel 1, whichever occurs first, forty-five (45) feet
of right-of-way on the east side of Coalfield Road,
97-182
3/12/97
16.
17.
18.
19.
20.
21.
22.
measured from the centerline of that part of Coalfield
Road immediately adjacent to the Property, shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County.
Within thirty (30) days from a written request by the
County, a ninety (90) foot wide right-of-way, plus any
additional right-of-way or easements as deemed necessary
by the Transportation Department, for Woolridge Road
Extended from Coalfield Road to Route 60 (including
Walton Park Road Relocated), except for any portion that
lies on parcels owned or controlled by VDOT or any
County agency, shall be dedicated, free and unrestricted,
to and for the benefit of Chesterfield County. The on-
site right-of-way to be dedicated shall be in the
approximate location of the southern boundary of Parcel
1 and the southern and eastern boundary of Parcel 8, as
shown on the attached copy of the Plan; however, the
exact location and width of the on-site and off-site
right-of-way shall be approved by the Transportation
Department. In the event the developer is unable to
acquire any off-site section of such right-of-way, the
developer may request, in writing, 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 acquisition of the off-site
right-of-way, the developer shall be relieved of his
obligation to acquire the off-site right-of-way.
The maximum density of this development shall be 230,200
square feet of shopping center, 7,500 square feet of
specialty retail, 245,625 square feet of general office,
255 apartment units, 239 townhouse units, 499 single
family residential lots, and 100,000 square feet of
recreational community center, or equivalent densitieS
approved by the Transportation Department.
Direct access from the Property to Coalfield Road shall
be limited to Woolridge Road Extended and the Site Road,
unless otherwise approved by the Transportation
Department.
Prior to any site plan or tentative subdivision approval,
whichever occurs first, an access plan for Woolridge Road
Extended shall be submitted to and approved by the
Transportation Department. Access for the property Shall
conform to the approved access plan.
No vehicular access shall be provided from the propertY
to Castleway Road, Kingston Road, Castle Hollow Road,
Dawnwood Road, Foothill Lane or Glenpark Lane.
Prior to any site plan or subdivision approval, or by
August 15, 1997, whichever occurs first, a bond or other
surety, acceptable to the County Attorney, in the amoUnt
of $1.6 million shall be provided to the Transportation
Department for the payment of $1.6 million to
Chesterfield County towards the construction of Woolridge
Road Extended.
Within thirty (30) days from a written request by the
Transportation Department, but no earlier than June 30,
1998, the developer shall provide a payment in the amount
of $1.6 million to Chesterfield County towards the
construction of Woolridge Road Extended.
3/12/97
97-183
23.
24.
25.
26.
To provide for an adequate roadway system at the time of
complete development, the developer shall be responsible
for the following:
Se
Construction of additional pavement along
Coalfield Road at the Site Road intersection to
provide left and right turn lanes;
be
Relocation of the ditch to provide an adequate
shoulder along the east side of Coalfield Road
for the entire property footage;
Ce
Construction of additional pavement along
Woolridge Road Extended at each approved access
to provide left and right turn lanes, if
warranted based on Transportation Department
standards;
Full cost of signalization at the site
Road/Woolridge Road Extended intersection, if
warranted based on Transportation Department
standards; and
Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements
identified above.
Prior to any site plan or road and drainage plan approval
(except road plan approval sought by the County for
Woolridge Road Extended), whichever occurs first, a
phasing plan for required road improvements, as
identified in proffered condition 23, shall be submitted
to and approved by the Transportation Department.
The developer shall enter into a developer participation
agreement with the County for any appropriate refunds of
money paid to the County.
In conjunction with any site or tentative subdivision
plan submission, a geotechnical report prepared by a
mining and/or geotechnical consultant acceptable to
Environmental Engineering shall be submitted for review
by Environmental Engineering. Upon review by
Environmental Engineering, the report may either be
accepted or revisions requested by Environmental
Engineering and, if revisions are required, resubmitted
in the same manner for review and acceptance by
Environmental Engineering. The report shall include, but
is not be limited to, the following:
Se
bm
The location and analysis to include, but not be
limited to, type (e.g., mine entrance shaft, air
vents, unsuccessful exploratory pits, etc.),
size, and depth of all found mining pits or
tailings heaps on the project.
A statement shall be included that the only pits
found on the site are those shown on the site
and/or subdivision plans.
The report shall clearly establish fill-
in/reclamation procedures, setbacks between the
perimeter of any shaft reclaimed or otherwise
and any other safety measures intended to
protect the health, safety, and welfare of
people as well as the integrity of structures in
which people will be living or working.
97-184
3/12/97
27.
28.
29.
de
Ail former mining activity except those to be
saved for historical significance on Tract A
shall be filled in/reclaimed under the direction
of the geotechnical consultant.
em
Ail reclamations shall be observed by a
qualified geotechnical expert acceptable to
Environmental Engineering and shall be certified
as to compliance with the recommendations
established in the accepted report. Prior to
the release of any Land Disturbance Permit, a
copy of the certification shall be submitted to
Environmental Engineering.
fe
The accepted report shall address the impact of
any horizontal shafts as to any effect on
construction and any future health, safety, and
welfare issues. At the time of site or
tentative subdivision plan review and approval,
conditions may be imposed to address any
identified impacts.
ge
On those lots or sites where the geotechnical
consultant believes soil borings are required,
geotechnical soil borings shall be performed for
purposes of establishing an acceptable building
envelope in sufficient number and array and to
sufficient depth to confirm that only
undisturbed, natural soil profiles are Within
the footprint of the proposed building and that
the building site is not impacted by any
horizontal shafts.
he
Allowable building envelopes whose size ahd
location is established based on the
recommendations and boring logs of a qualified
geotechnical expert acceptable to Environmental
Engineering shall be place on any approved site
plan, construction plan, and subdivision plat.
For those lots or sites where no such
information is provided, a report from the
geotechnical expert shall confirm that such
information is not necessary for those
locations.
Development shall comply with the recommendation
of the accepted report.
Ail reclaimed mining pits/shafts, as applicable, shall
shown on all site plans, construction plans (eXcept for
road plans prepared by or for the County for Woolridge
Road Extended), and subdivision plats.
Prior to any conveyance to the County, construction plan,
or site plan approval (except road plan approval sought
by the County for Woolridge Road Extended), the developer
shall submit the geotechnical report(s) to the Building
Inspection Department.
Prior to the release of any Building Permits on
lots/sites which possess conditions addressed by the
geotechnical analysis as to previous mining activities,
a certification from a qualified geotechnical
professional indicating that all necessary remedial
actions have been satisfactorily executed and the
lot/site is suitable for building construction shall b~
submitted to Environmental Engineering. Upon ~eview by
Environmental Engineering, the certification ~ay either
be accepted or Environmental Engineering may request
revisions and, if revisions are required, resubmitte'd in
the same manner for review and acceptanCe by
Environmental Engineering.
3/12/9~
97-185
30.
At the time of tentative or site plan review, additional
conditions may be imposed to address geotechnical
concerns relating to health, safety, and welfare.
31.
Prior to any site, tentative subdivision, or road plan
approval (except road plan approval sought by the County
for Woolridge Road Extended), a quantity stormwater-
management plan for each watershed on the property that
is affected by the proposed plan shall be submitted to
and approved by Environmental Engineering. Provided,
however, in no event shall the 2-, 10- and 100-year post-
development discharges from the property exceed the 2-,
10-, and 100-year pre-development rates, respectively.
Implementation of the approved plan may occur in phases
subject to approval of a phasing plan by Environmental
Engineering.
32.
Prior to any site, tentative subdivision, or road plan
approval (except road plan approval sought by the County
for Woolridge Road Extended), a quality stormwater-
management plan for each watershed on the property that
is affected by the proposed plan shall be submitted to
and approved by Environmental Engineering.
Implementation of the approved plan may occur in phases
subject to approval of a phasing plan by Environmental
Engineering. The plan shall include calculations which
account for the YMCA (GIS #728 703 1364). The plans
shall show the proposed type and location of all BMPs
which are needed to achieve compliance with the
Chesapeake Bay Preservation Ordinance. This plan shall
include the location of USACOE jurisdictional wetlands
and wetlands mitigation areas (if necessary).
33.
Plans for collector roads which connect to an existing
state-maintained road, either directly or via existing,
recorded and bonded, dedicated rights-or-way shall be
approved separately and prior to, or concurrent with,
development plans for the affected tracts by VDOT, the
Transportation, and Environmental Engineering prior to
the release of any Building Permits or recordation of any
subdivisions utilizing these roads for permanent access.
The right-of-way for these roads shall be bonded (per
Transportation Department direction) and dedicated prior
to recordation of any residential development or issuance
of any Building Permit utilizing these road for permanent
access. The requirements of this proffer shall not apply
to Woolridge Road Extended.
34.
Ail collector roads to be constructed on the property
shall be designed for the ultimate typical road section.
The ultimate design shall be approved by the
Transportation Department, VDOT, and Environmental
Engineering. The requirements of this proffer shall not
apply to Woolridge Road Extended.
35.
Prior to plan approval of any lake utilizing a road as a
dam, all necessary approvals must be obtained or the road
embankment cannot function as a dam.
36.
Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
property until a Land Disturbance Permit has been
obtained from the Department of Environmental Engineering
and the approved devices have been installed.
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
97-186
3/12/97
97SN0140 (Amended)
In Bermuda Magisterial District, AMERICANA SOUTH, L. L.
AMERICANA PARK, L. L. C., TROLLINGWOOD LAND, L. L. C. AND ~K
PAUL KVASNICKA requested rezoning from Agricultural (A) and
Manufactured or Mobile Home Park (MH-1) to Community Business
(C-3) of 31 acres and from Agricultural (A) to Residential (R-9)
of 57 acres with Conditional Use Planned Development to permit
outside storage and a borrow pit. Residential use of up to 4.84
units per acre is permitted in a Residential (R-9) District.
The density of the C-3 portion will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for residential use of 2.51
to 4.0 and 2.51 to 8.0 units per acre. This request lie~s on
88.0 acres fronting approximately 1,000 feet on the west line of
Jefferson Davis Highway, across from Weir Road, also lying at
the northern terminus of Evelyn Drive. Tax Map 116-10 (1)
Parcels 6 and 8; Tax Map 116-10 (3) Cool Spring, Block C, LOt
29; Tax Map 116-11 (1) Parcel 41; and Tax Map 116-14 (1) Parcel
1 (Sheet 32).
Mr. William Poole presented a summary of Case 97sN0140 and
stated the Planning Commission recommends approval and
acceptance of proffered conditions.
Mr. Barber excused himself from the meeting.
Mr. Poole stated that the Planning Commission recommends
approval and acceptance of proffered conditions. He further
stated that subsequent to the Planning Commission's publiC
hearing, the applicants modified three proffered conditions (3.,
4.2, and 4.3), therefore, if the Board wishes to approve the
request this evening, it would need to accept the amended
proffered conditions. He noted that the proffered conditions
were submitted prior to the advertisement of the request,
therefore, it is not necessary for the Board to suspend its
rules to consider the revised proffered conditions.
Mr. Barber returned to the meeting.
When asked, Mr. Poole reviewed the buffering that has been
proffered at Craddock Point between the commercial and
residential properties.
Mr. Charles L. Cabal, representing the applicant, stated the
recommendation is acceptable. He further stated that there is
only one issue in question which is the location of some power
lines in front of the proposed site. He stated that staff has
suggested that the lines be relocated to the parking lot,
however, that location does not work for the development. He
further stated that the applicant will locate the power lines as
far from the road as possible, within a fifty foot setback. He
stated that the residents of the trailer park are extremely
important to the applicant and that the applicant has agreed to
fund $100,000 toward helping the residents with their
relocation, with tremendous assistance from Mr. McHale and
County staff. He requested the Board's favorable consideration
of the request.
Mr. Garland Dodd stated that he was the former owner of the
Americana South Trailer.Park and that he is not opposed to the
zoning, however, is concerned about the relocation of the
residents of the Park. He further stated that there are a lot
of misconceptions about mobile home parks; that residents pay
four or five taxes on mobile homes in the County; and expressed
concerns relative to the elimination of mobile home parks in the
County. He stated that many workers who build new industries in
the County reside in mobile home parks. He further stated the
property located in the back of Americana North was zoned for a
mobile home park years ago, however, the records were lost, and
that he feels that property should have been Zoned for
relocation of these residents. He expressed concerns relative
to the elderly residents living in this community.
3/12/97
97-187
Ms. Roberta Segal, a resident of Americana South, stated that
she owns a mobile home, valued at approximately $20,000; that it
will cost her $4,000 to move her home; and that it would cost
her $65,000 to replace her home. She further stated that she
feels if the County wants to rezone the property, they should
find a place for people such as her; that she will be homeless
if she loses her home; and that her investment will be lost if
this request is approved.
Ms. Cindy Hammond, a resident of Americana South, expressed
appreciation to the Middle District Baptist Association, Lowes,
CCHASM and everyone else who has come to the aid in helping
residents who currently reside in Americana South as they
prepare to relocate. She stated that their community needs
additional assistance; that she is requesting the County's
assistance now; that a lot of people in the community will
suffer great hardships if the request is approved; and that, in
the future, she will devote her time to helping those who reside
in mobile home parks.
Ms. Maryanne Craft expressed concerns relative to $2 million
being allocated to expand the County's Animal Shelter and that
she feels this allocation of funds is making the statement that
animals are more worthy than the people in Chesterfield. She
expressed appreciation to Lowes and the other organizations who
have offered their assistance in relocating the residents in the
Americana community. She stated she feels the County has a
responsibility to help the residents in this community and that
the Board needs to consider the future consequences of citizens
when considering zoning requests. She further stated that
people buy mobile homes because they are easy to finance and low
maintenance, not because of their mobility.
Ms. Doris Hilbert, a resident of Americana South, stated that
she will have to move her trailer to Dinwiddie if this request
is approved; that her husband will have to travel 100 miles a
day to work; and expressed concerns relative to the elderly
residents living in this community and to her family relocating
as she will have to leave her mother who resides in
Chesterfield.
Ms. Jean Madison, a resident of Americana South, expressed
appreciation to everyone that has assisted the community during
this ordeal.
Mr. Jack Welch, a previous resident of Americana South, stated
he feels the issue this evening is a call for help from the
County; that he is not against the development; and that he
feels the County should consider donating money to the citizens
of this community, rather than donating funds towards expanding
animal shelters.
Mr. Donald Leach stated that his seventy-five year old mother
lives in Americana South, expressed concerns relative to moving
the trailer as it will most likely fall apart, and stated that
some of the trailers are not able to be moved. He further
stated that Lowes should consider donating land located west of
their proposed store for the relocation of some of the older
trailers that cannot be hauled long distances.
Ms. Dorothy Sweet stated that she owns a trailer that is paid
for and expressed concerns relative to her current health. She
further stated that she would appreciate any help that the
County can offer to this community.
Ms. Phyllis DeLong, accompanied by her son, stated that she is
a resident of Americana South, expressed appreciation to Mrs.
Humphrey, Mr. McHale, Mr. Garland Dodd, Mr. Cabal, Mr. Chase
Peoples and his association, and to the United Way for their
efforts in assisting the Americana community. She also
expressed appreciation to Lowes for their contribution to the
community. She expressed concerns relative to the cost of moving
97-188
3/12/97
her trailer; the financial condition that she will be in if she
loses her trailer; and the condition of her trailer. She stated
that her trailer may not be able to be moved because of its
condition. She expressed concerns relative to not being able to
find new housing and requested the Board's support and
assistance in helping the community in finding new housing.
Mr. Joe Girone, representing the Jefferson Davis Association,
stated that they support the request; that they have feelings
for those who have spoken this evening; and that other mobile
home parks will face this same situation in the future. He
stated that he feels the County needs to take a good look at
mobile home parks; that a lot of mobile home parks need to be
upgraded; and that mobile home regulations need to be reviewed.
Mr. Tony Burgess stated that he supports the request, but also
understands the feelings of those residing in this mobile home
park community.
Ms. Daniel Johnson stated that her parents shop at LOWe's in
Chester and that she does not feel the contribution, offered by
Lowes, is an ample amount of money. She further stated that She
feels the Board should consider the families living in this
mobile home park before making a decision and expressed con~e~ns
relative to the future of those residing in this community if
this request is approved.
Mr. George Beadles stated that he feels the Board needs to
develop a plan to assist the residents living in Americana South
and that the Board should consider delaying this request until
all residents have been relocated.
Mr. Cabal stated that everyone who has spoken this evenin~ has
spoken from their heart; that the applicant hopes the $100,000
will help everyone in the Park; that this Park was bought
through foreclosure; that Lowes, who has no contractual
obligation, is paying money to help this community; and that the
funds were given to United Way, seeking the help of Mr. McHale
and the County, to find an independent agency to administer this
fund. He further stated that even though this is not a pleasant
experience for these residents, it is most likely a great time
for them to relocate because of this fund and the efforts that
have been set forth for them. He requested the Board's
favorable consideration of the request. He noted that the
applicant's contractual restraints do not permit a deferral
after this evening.
Mrs. Humphrey excused herself from the meeting.
When asked, Mr. Russell Harris stated that the county realize~
this is a very difficult situation for the residents of this
community. He further stated that the County has taken the
steps and formed a Coalition to provide assistance and ser'vice
to the residents of the Americana South community.
Mrs. Humphrey returned to the meeting.
Mr. Harris then introduced Mr. Jack Welch and Ms. Cindy Hammond,
residents of Americana South; Mr. Chase Peoples, representing
the Middle District Baptist Association; Mr. Perry Heath,
President- of United Way; Ms. Lisa Davis, Vice President of
United Way; Joanne Schutze, representing Commonwealth Catholic
Charities; Ms. Kathy Stevens, representing CCHASM; Ms. Rose
Howlett, representing the Management of Americana South; and Ms.
Kitty Hart, Assistant Director of Commonwealth Catholic
Charities, and Susie Craft, representing residents of Americana
SoUth, members of the Coalition, who were present at the
meeting. He noted that Mr. Garland Dodd has also offered his
assistance and advice through this process. He stated that on
March 22, 1997, the Middle District Baptist Association will
take a core of volunteers door to door at Americana South to
meet with residents and begin a needs assessment. He further
3/12/97
97-189
stated that CCHASM and the Middle District Baptist Association
will then analyze the data that is received from the assessment
and will match each family in the community with a congregation
and that congregation will provide a network of assistance to
work with that family. He stated that United Way also has an
information and referral service for these citizens; that the
$100,000, donated by Lowes, will be made available to assist in
the relocation of the residents in this community; and that
Commonwealth Catholic Charities has a Senior Companion Program
in which they have agreed to provide a companion for the senior
citizens in the park to work with them through this process. He
further stated Commonwealth Catholic Charities and CCHASM will
also provide training to volunteers on how to conduct need
assessments and surveys. He stated that the County will not
allow anyone to be without a home and that the Coalition is
committed to providing the necessary assistance to all of the
residents in this community.
Mr. Warren expressed appreciation to all the members of the
Coalition for their assistance and leadership in this endeavor.
Mr. Barber stated that people who reside in mobile home parks
are hardworking and good people and that the perception of
things does not equal the fact of things. He offered his
assistance in helping this community and stated that he hopes
every story has a pleasant ending in this situation.
Mr. McHale stated that this is the toughest zoning request that
he has had to deal with in five years; that he feels the
proposal for the land use conforms to the Chester Village Plan;
that the Planning Commission has reviewed this request very
carefully; that he feels the zoning request itself stands on its
own merits; and that the request is good for the County and the
development of the Jefferson Davis Corridor overall. He further
stated that complications with this request are between the
people who own the land, where the mobile homes are located, and
those wanting to use this property for commercial use, which
will cause the unfortunate displacement of those residing in
this community. He stated that a very impressive team has been
put together to help the people in this community. He further
stated that Chesterfield County assists over 20,000 residents
every year; that the County is a caring community; and that he
feels approval of this request is moving in the right direction.
He stated that the process will be closely observed and that the
County wants to minimize the impact on the residents of this
community.
Mr. McHale then made a motion, seconded by Mr. Barber, for the
Board to approve Case 97SN0140 and accept the proffered
conditions.
Mr. Barber stated that he supports the request because of the
Coalition that has been established and the donation from Lowes
being offered to assist this community. He further stated that
if this request is denied, it is not beyond the realm of
possibility that another request could come before the Board
with none of those things in place. He stated that he is not
willing to gamble away this advantage before the Board now in
the hope that no one is ever interested in this property in the
future.
Mr. McHale clarified that his motion includes acceptance of the
amended proffered conditions and acceptance of the Planning
Commission's recommendation with respect to the location of the
utility lines.
Mr. Warren called for the vote on the motion made by Mr. McHale,
seconded by Mr. Barber, for the Board to approve Case 97SN0140
and accepted the following proffered conditions:
97-190
3/12/97
Pursuant to Section 15.1-491.2:1 of the Code of Virginia Of
1950, as amended, and the zoning ordinance of Chesterfield
County, Virginia, the undersigned hereby proffers that the
development of the real property under consideration in this
zoning case (the "Property") will occur pursuant to the
following proffered conditions if, and only if, the rezoning
request as submitted is granted with only those conditions
agreed to by the applicant. In the event the request is denied
or approved with conditions not agreed to by the applicant, the
proffered conditions shall be null and void. Reference shall be
made in the following proffered conditions to a master plan of
the Property entitled "LOWE'S, BERMUDA DISTRICT, VIRGINIA,
MASTER PLAN", J. K. Timmons, Inc. dated February 3, 1997, a copy
of which is on file in the planning office of Chesterfield
County, Virginia (the "Master Plan"). That certain piece or
parcel of the Property identified as uPROPOSED ZONING C-3 (CUPD)
31 ACRES +/-" on the Master Plan, shall hereinafter be referred
to as the uC-3 Commercial Property" and that certain piece or
parcel of the remaining portion of the Property identified as
"PROPOSED ZONING R-9(CUPD) 57 ACRES +/-" on the Master Plan,
shall hereinafter be referred to as the "R-9 Residential
Property."
PROFFERED CONDITIONS APPLICABLE TO C-3 COMMERCIAL PROPERTY with
Conditional Use Planned Development to permit outside storage:
Plan of Development. The Master Plan shall be considered
the Master Plan for the C-3 Commercial Property. At the
time of Site Plan review for the C-3 Commercial Property,
the Planning Commission may approve modifications to the
Master Plan provided the general relationship and
locations of uses, as depicted on the approved Master
Plan, are maintained.
StOrage. Outside storage areas shall be screened from
view of adjacent properties and public rights of ways by
a wall constructed of materials and colors which
predominate in the building(s) located on the C-3
Commercial Property, unless the site is designed such
that the building provides the screening required by the
Zoning Ordinance, as determined by the Planning
Commission at the time of site plan review. The exact
method of screening shall be approved by the Planning
Commission at the time of site plan review.
Traffic Generation Density. For purposes of computing
traffic generation only, the maximum density of this
development on the C-3 Commercial Property shall be
180,000 square feet of building supply/lumber store,
3,500 square foot of fast food restaurants with drive-
through windows, and 5,000 square foot high turnover
(sit-down) restaurant, or equivalent or greater densities
as approved by the Transportation Department, Planning
Commission or Board of Supervisors. So long as the total
traffic generation as determined by the Transportation
Department from the C-3 Commercial Property does not
exceed that which would be generated from the uses and
densities set forth above, the right is reserved to alter
the size and number of the buildings, structures and
other improvements located on the C-3 Commercial
Property.
Transportation.
4.1
Prior to any Site Plan approval, sixty (60) feet
of right-of way on the west side of Route 1/301,
measured from the centerline of that part of
Route 1/301 immediately adjacent to the C-3
Commercial Property, shall be dedicated, free
and unrestricted, to and for the benefit of
Chesterfield County.
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97-191
4.2
4.3
4.4
Direct access from the C-3 Commercial Property
to Route 1/301 shall be limited to one (1)
entrance/exit, unless otherwise approved by the
Transportation Department, Planning Commission
or Board of Supervisors. This access to Route
1/301 shall align the Weir Road intersection.
The exact location of this access shall be
approved by the Transportation Department.
Prior to any site plan approval, a non-exclusive
access easement acceptable to the Transportation
Department shall be recorded to grant the
adjacent property to the north of the C-3
Commercial Property (Parcel 22 on Tax Map 116-
10(1)) (UBreckenridge Property") the right to
tie into and use this access.
(Note: The intent of the easement is to provide
cross-access between the C-3 Commercial Property
and the Breckenridge Property so that traffic
generated from development on the C-3 Commercial
Property shall have the ability to also access
across the Breckenridge Property.)
Other than access to accommodate service and
delivery vehicles, no direct access shall be
provided from the C-3 Commercial Property to
Swift Run Lane, unless otherwise approved by the
Transportation Department, Planning Commission
or Board of Supervisors.
To provide for an adequate roadway system at the
time of complete development of the C-3
Commercial Property, the Developer shall be
responsible for the following:
(i)
Construction of additional pavement along
the southbound lanes of Route 1/301 for the
entire C-3 Commercial Property frontage to
provide a third through lane;
(ii) Construction of additional pavement along
the southbound lanes of Route 1/301 at the
approved access to provide a separate right
turn lane;
(iii)Construction of additional pavement along
the northbound lanes of Route 1/301 at the
approved access to provide an adequate left
turn lane;
(iv) The cost of traffic signalization at
the Site Access/Weir Road/Route 1/301
intersection, if warranted based on
Transportation Department Standards; and
(v)
Dedication to Chesterfield County, free
and unrestricted, of any additional right-
of-way (or easements) required for the
improvements identified above.
4.5
Prior to any Site Plan approval, a phasing plan
for required roadway improvements as identified
in proffered condition 4.4 shall be submitted to
and approved by the Transportation Department.
Emerqinq Growth Areas. The C-3 Commercial Property shall
conform to the requirements for Community Business (C-3)
Districts in Emerging Growth areas.
97-192
3/12/97
e
Architectural Treatment. Buildings located on the C-3
Commercial Property shall have an architectural style
which is compatible with, and employ compatible
materials, colors, details and other design features
(which may include split-face block subject to the
approval of the Planning Commission at the time of site
plan review), as buildings currently located on Parcel 22
on Tax Map 116-10 (GIS 798-653-5814), commonly known as
Breckenridge Shopping Center. At the time of site plan
review, architectural renderings and elevations depicting
these requirements shall be submitted to the Planning
Commission for review and approval.
Buffers and Landscaping. At the time of site plan review,
the Planning Commission may require buffers, landscaping
or other design features which are deemed by the Planning
Commission as necessary to minimize the view of buildings
and structures from adjacent property to the west. At a
minimum, in addition to Zoning Ordinance requirements,
the following shall be accomplished:
7.1
The slopes along the south and west of the C-3
Commercial Property adjacent to any building or
wall shall have grades of no greater than 3:1
and shall be landscaped so as to proVide
intermittent visual separation between buildings
and walls on the C-3 Commercial Property and
adjacent property to the west and any public
road to the south. This landscaping shall be
approved by the Planning Commission in
conjunction with site plan review. ~his
condition may be modified by the Planning
Commission at the time of site plan review if
the Planning Commission determines that there is
a commitment that the R-9 Residential Property
will be or has been developed for non-
residential uses.
7.2
A one hundred foot (100') buffer Shall be
maintained along the western boundary of the C-3
Commercial Property adjacent to the R-9
Residential Property. This buffer shall comply
with the requirements of the Zoning Ordinance
for 100 foot buffers, Sections 21.1.-226 through
21.1-228.
7.3
Existing overhead power lines along Jefferson
Davis Highway (Route 1/301) shall be relocated
along the western edge of the required setbacks
along Jefferson Davis Highway (Route 1/301).
7.4
No reductions or other modifications shall be
sought to the required seventy-five foot (75')
buffer adjacent to Shady Acres.
(Note: A buffer of seventy-five feet (75')
shall exist upon the north-western corner of the
C-3 Property, which is more particularly shown
on the Master Plan as "75' BUFFER". Such
seventy-five feet (75') buffer shall be planted
in accordance with twice the requirements of the
Zoning Ordinance, Perimeter Landscaping C.)
Loading Areas. Any loading or unloading areas or
driveways serving the C-3 Commercial Property, other than
driveways exclusively designed and located to serve
customer parking areas, shall be screened from view of
adjacent residentially zoned property to the west and
south by a wall constructed of materials and colors which
predominate in the building unless the site is designed
such that the building provides the screening required
herein as determined by the Planning Commission at the
3/12/97
97-193
time of site plan review. The exact method of screening
shall be approved by the Planning Commission at the time
of Site Plan review. This condition may be modified by
the Planning Commission at the time of site plan review
if the Planning Commission determines that there is a
commitment that the Residential R-9 Property will be or
has been developed for non-residential uses.
Liqhtinq. Parking lot lighting fixtures shall not exceed
thirty (30) feet in height as measured from the grade of
the base of the lighting standard.
10.
Drainaqe. Drainage shall be designed such that runoff
enters a drainway that is located downstream of Shady
Acres Subdivision.
11.
Timberinq. With the exception of timbering to remove
diseased or dead trees from the C-3 Commercial Property,
there shall be no timbering on the C-3 Commercial
Property until a land disturbance permit has been
obtained from the Chesterfield County Environmental
Engineering Department and the approved devices have been
installed.
12. Public Utilities. The public water and wastewater
systems shall be used to serve the C-3 Commercial
Property.
PROFFERED CONDITIONS APPLICABLE TO R-9 RESIDENTIAL PROPERTY
(RESIDENTIAL: R-9) with Conditional Use Planned Development to
permit a borrow pit:
1. Borrow Area.
1.1
The R-9 Residential Property may be used as
a borrow area for the removal of materials
and natural earth resources from the earth
or subsoil (the "Borrow Area"). Except as
otherwise provided herein, borrowing shall
be subject to the regulations specified in
Section 21.1-195b of the Zoning Ordinance.
Borrowing shall be confined to that
borrowing which is necessary to develop the
C-3 Commercial Property and otherwise shall
be limited to that portion of the R-9
Residential Property designated on the
Master Plan as "20 ACRES +/- BORROW AREA."
1.2
The Master Plan shall be considered the
Master Plan for the borrowing activity upon
the R-9 Residential Property.
1.3
With the exception of restoration and
grading activities, no Borrow Area
activities shall take place one hundred
eighty (180) days after the commencement of
such activities.
97-194
3/12/97
1.4
Access between the Borrow Area and the C-3
Commercial Property shall be located,
designed and constructed so as to
accommodate a future public road access
between the R-9 Residential Property and
Jefferson Davis Highway, as approved by the
Planning, Environmental Engineering and
Transportation Departments, to the
following extent: a concrete culvert per
VDOT road standards shall be placed within
the access, and such access shall be of a
width necessary to accommodate a future
public road with an earthen embankment.
This condition may be modified by the
Planning Commission at the time of site
plan review if the Planning Commission
determines that there is a commitment that
the Residential R-9 Property will be or has
been developed for non-residential uses.
1.5 With the exception of one (1) access road
and drainage improvements necessary for the
borrowing activities, as approved by
Environmental Engineering and the Planning
Department, the areas between the Borrow
Area and the remainder of the R'9
Residential Property shall be maintained as
a buffer until borrowing and restoration
activities are completed, as determined by
the Planning Department. Other than as
outlined herein, there shall be no clearing
within this buffer unless approved by the
Planning Department.
(Note: Upon final completion of all Borrow
Area activities, as determined by the
Director of Planning, all of the proffered
conditions contained in this Paragraph 2
shall automatically terminate and no longer
be of any force or effect.)
1.6
In conjunction with submission of plans to
the County for the borrow activity, a
reclamation plan shall be submitted. ~he
plan shall provide for the planting of
trees that will enhance the property's
eventual development as a single family
residential subdivision. A plan depicting
this requirement shall be submitted to the
~Planning Department for review and
approval. The trees shall be installed as
part of the site reclamation. This
condition may be modified by the Planning
Commission at the time of site plan review
if the Planning Commission determines that
there is a commitment that the Residential
R-9 Property will be or has been developed
for non-residential uses.
1.7 With the exception of timbering to remove
dead or diseased- trees from the R-9
Residential Property, there shall be no
timbering on the R-9 Residential Property
until a land disturbance permit has been
obtained from the Chesterfield County
Environmental Engineering Department and
the approved devices have been installed.
Density/Road Improvements. Prior to the
recordation of any lots, the following shall ~
completed or committed as determined by ~he
Planning and Transportation Departments:
3/12/97
97-195
a)
Construction of an access road from~the R-9
Residential Property through the C-3
Commercial Property to Route 1/301 or an
alternate location of an access road from
the R-9 Residential Property to Route 1/301
as approved by the Planning and
Transportation Departments (the ~'Access
Road"). The exact design and location of
which shall be approved by the Planning and
Transportation Departments;
b)
Construction of additional pavement along
Route 1/301 at the Access Road intersection
to provide left and right turn lanes, if
warranted based on Transportation
Department standards;
c)
Full cost of traffic signal installation,
if warranted, at the Access Road/Route
1/301 intersection; and
d)
Dedication to Chesterfield County, free and
unrestricted, any additional right of ways
(or easements) required for the
improvements identified above.
Lot Recordation. In conjunction with any
subdivision development, a road network shall be
constructed through the R-9 Residential Property
from Evelyn Drive to Jefferson Davis Highway.
There shall be no direct connection (but rather
a circuitous road network) between Evelyn Drive
and the Access Road. The exact design and
location of this road network shall be approved
by the Planning and Transportation Departments
in conjunction with tentative subdivision
approval.
Dwellinq and Lot Size. Ail dwellings on the R-9
Residential Property shall have a minimum of
1,600 square feet of gross floor area.
Buffer. A one hundred foot (100') buffer shall
be maintained along the eastern and northern
boundaries of the R-9 Residential Property,
adjacent to the C-3 Commercial Property. This
buffer shall comply with the requirements of the
Zoning Ordinance for 100 foot buffers, Sections
21.1.-226, 21.1-227 (a) through (h) and 21.1-
228. This condition may be modified by the
Planning Commission at the time of site plan
review if the Planning Commission determines
that there is a commitment that the Residential
R-9 Property will be or has been developed for
non-residential uses.
Timberinq. With the exception of timbering to
remove diseased or dead trees from the R-9
Residential Property, there shall be no
timbering on the R-9 Residential Property until
a land disturbance permit has been obtained from
the Chesterfield County Environmental
Engineering Department and the approved devices
have been installed.
Public Utilities. The public water and
wastewater systems shall be used to serve the R-
9 Residential Property.
97-196
3/12/97
No Build Area. No principal or acceSSOry
buildings shall be located within fifty feet
(50') of the southern line of the R-9
Residential Property as is more particularlY
designated as "50' NO BUILD AREA" on the Master
Plan.
Cash Proffers. The applicant, subdivider, or
assignee(s) shall pay to the County of
Chesterfield, prior to time of building permit
application, for infrastructure improvements
within the service district for the property for
each lot developed in excess of 180 lots, the
amount approved by the Board of Supervisors not
to exceed $5,175.00 per lot adjusted upward by
any increase in the Marshall and Swift Building
Cost Index between July 1, 1995 and July 1 of
the fiscal year in which the payment is made.
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
Mr. Barber excused himself from the meeting.
97SN0149
In Matoaca Magisterial District, DOUGLAS R. SOWERS requested
rezoning from Agricultural (A) to Residential (R-12). A single
family residential subdivision having a minimum lot size of
12,000 square feet is planned. Residential use of up to 3.63
units per acre is permitted in a Residential (R-12) District.
The applicant has proffered to limit development to a maximu'm of
220 lots, yielding a density of approximately 2.43 units per
acre. The Comprehensive Plan suggests the property is
appropriate for residential use of 1.51 to 4.0 units per acre.
This request lies on 90.5 acres fronting approximately 2,210
feet on the south line of Lucks Lane, approximately 110 feet
east of Exbury Drive, also located at the eastern terminus of
EXbury Terrace, Sanbury Lane and Explorer Drive. Tax Map 37'4
(1) Parcels 14 and 17 and Tax Map 37-8 (1) Parcels 2 and 4
(Sheets 13 and 14).
Mr. Beverly Musselman presented a summary of Case 97SN0149 and
stated the Planning Commission recommends approval and
acceptance of proffered conditions. She noted that the applicant
has agreed to pay the County, at the time of building permit
application, $4,500 per dwelling unit, to address the impact on
capital facilities. She further stated that staff recommends
denial because the Powhite/Route 288 Development Area Land Use
and Transportation Plan suggests the request property is
appropriate for residential use of 1.51 to 4.0 per acre a~d the
proffered conditions do not address the impact of this
development on necessary capital facilities, as outlined in the
Zoning Ordinance and the Comprehensive Plan.
Mr. Barber returned to the meeting.
Mr. Jim Theobold, representing the applicant, stated the
recommendation is acceptable. He further stated that the
request is consistent with both the County's.Land Use Plan and
zoning classifications in the immediate area. He present a copy
of a chart comparing the previous request with the current one.
He stated that the maximum number of lots has been capped at
250, resulting in a density of 2.43 units per acre, which is
lower than every adjacent subdivision, except the original
section of Saint James (2.35 units per acre). He noted that the
applicant has fully funded the $2,154 component of the suggested
cash proffer dedicated to schools. He requested the Board's
favorable consideration of the request.
3/12/97
97-197
Mr. Stephen Melton, a resident of Poplar Creek Subdivision,
expressed concerns relative to proffered condition number 9
relating to road connection prohibition. He stated that the
proffered condition does not indicate that side roads cannot be
connected. He further stated that he would like the applicant
to ensure that area neighborhoods will not be connected,
expressed concerns relative to the increased traffic on Lucks
Lane in this area if the request is approved, and that he
supports 2.0 dwelling units per acre for this property.
Mr. Eric Pater, a resident of the Westberry Subdivision,
commended Mr. Barber for his actions in handling the meeting
this evening. He stated that there are thirty-six homes located
in the Westberry Subdivision and that he is only opposed to
Westberry Brook Drive being tied into a connector road. He
further stated that the applicant, to his knowledge, has not
contacted anyone in his neighborhood regarding any input into
this development.
Mr. Eric Pickering, a resident of Westberry Subdivision,
expressed concerns relative to the number of homes being
constructed on the proposed property and stated that he feels
the same proffered conditions that applies to his neighborhood
should be extended to this development as it relates to house
and lot sizes. He further stated that he feels the road plans
surrounding this development need to be defined more clearly;
that he feels the cash proffers may be far short of the
escalated impact to the community; and that he feels growth
issues in this area need to be addressed. He stated that the
Planning Department staff has recommended denial, basically due
to fire, library, parks, and transportation issues and requested
that the Board defer the request at this time to further address
these issues.
Ms. Suzanne Steal, a resident of Saint James Woods Subdivision,
expressed concerns relative to the Planning Commission approving
this request and stated that the applicant has not met all
County conditions. She further stated that Planning Department
staff has recommended denial; that the applicant has not offered
the full proffer to address the impact; that their subdivision
is requesting a maximum of 180 homes for this development; and
expressed concerns relative to the current rate of growth in
this area and the additional students that will come from this
development.
Ms. Veronica Frank stated that the Courthouse Acres was recently
approved, which is directly adjacent to Saint James Woods, and
expressed concerns to the increased traffic that will already
come from this development. She also expressed concerns
relative to there being no recreational areas or walking paths
for the Poplar Creek Subdivision and Saint James Woods. She
stated that a petition of 101 signatures was presented at the
Planning Commission meeting in opposition of any type of
connection of the Saint James Woods Subdivision to the proposed
development. She requested that the Board reject the proposed
proffered condition number 9 relating to road connection
prohibition.
Mr. Bruce Morrison, a resident of Smoketree Subdivision, stated
that he is not against development, however, would like a lower
density development in this area. He expressed concerns
relative to higher density housing on the Lucks Lane corridor
and stated that he would like to see 180 or a maximum of 200
homes for the proposed development. He expressed concerns
relative to the impact on traffic in the area if the request is
approved and to the number of current traffic accidents in this
area. He requested that the Board keep the proposed development
at 2.0 units per acres when considering this request.
97-198
3/12/97
MS. Kathy Morrison, a resident of Smoketree Subdivision and a
property owner in the Runnymeade Subdivision, stated that she
feels the master plan in Chesterfield County should be addressed
and changed to lower the allowable density of new development,
specifically, in the northern area of the County. She requested
that the Board deny this request as she does not feel this
request meets the health, safety, and welfare issues in this
area.
Mr. Jim Cutler, Vice President of Community and Public Affairs
for the Smoketree Subdivision, expressed concerns relative to
this Board previously denying a request on this property because
the infrastructure of this area was already stressed. He stated
that the County's Planning Department staff is recommending
denial and that this area has been designated for in-fill
development, which suggests that all the necessary
infrastructure and facilities are currently in place. He
further stated that he is frustrated over this zoning pro'cess
and requested that the Board deny the proposed request at the
density requested.
Mr. George Beadles stated that there could be two entrances on
Lucks Lane into the proposed development and no access to
adjacent neighborhoods which would reduce the impact on adjacent
subdivisions.
Mr. Theobold stated that the suggestion that this development
being limited to 180 homes would be greatly inconsistent with
any other request that has been previously approved in the area.
He further stated that few, if any, of the citizens that have
expressed input into this request, live in subdivisions that are
less dense than that proposed in this request. He stated that
proffered condition number 9 has been amended to not allow any
road connection from the property to Saint James Woods or Poplar
Creek Subdivisions and that the cul-de-sacs will have no
connections to any other roads on the property which would allow
vehicular movements between Poplar Creek and Saint James Woods
Subdivisions and the collector road on the property. He further
stated that this request is consistent with the land use plan
and requested that this case be treated no differently than
other requests.
When asked, Ms. Musselman stated that proffered condition nu~er
9 would allow for the extension of cul-de-sacs from Saints James
Woods Subdivision into the proposed development. She further
stated that there would be no limitation on the .length of the
cul-de-sac nor would it regulate the number of lots that could
be developed off of the cul-de-sac. She stated that both the
Fire and Transportation Departments have expressed concerns
about the potential number of lots that would have access to
Saint James Woods Subdivision. She further stated that the
number of lots would be something that staff could further
address at the time of tentative subdivision review.
MS. Steal expressed concerns relative to the applicant usin~
Saint James Woods Subdivision to serve the proposed development.
Mr. Stephen Melton stated that the subdivision process itself is
cumbersome to area citizens and that they would like to address
their concerns at this time.
Mr. Theobold stated that the origin of proffered condition
number 9 is one to provide protection for Saint James Woods and
Poplar Creek Subdivisions from having a through road connect
into the collector road and causing a significant increase in
traffic in those neighborhoods. When asked, he stated that any
lot that is part of the proposed property being rezoned, would
count towards the 220 total lots for the development. He
further stated that he is unsure of the exact amount of lots
that can be obtained on the proposed property, but 220 lots will
be the maximum.
3/12/97
97-199
Ms. Steal requested that she receive information regarding the
amount of acreage being planned for rezoning for the Lucks Lane
area and school projections.
Mrs. Humphrey expressed concerns relative to the two acre lots
for the proposed development, however, stated that this density
is lower than all adjacent communities'. She further stated that
the proposed density is consistent with area neighborhoods. She
stated that traffic projections will be monitored for this area
and will be presented during the site plan process.
When asked, Ms. Musselman stated that when the tentative
subdivision comes in, Transportation Department staff will run
traffic counts to determine how many vehicles per day are
traveling on neighborhood streets in Saint James Woods.
Mrs. Humphrey stated that she feels this request is a fair
proposal; that the request addresses some density concerns; that
the request is in-fill development and is not perfect; and that
the full school cash proffer is being paid by the applicant.
Mr. Barber stated that he feels this Board tries to exemplify
"open government". He further stated that he feels some of the
comments, that were expressed regarding this request, were being
directed about development in the Midlothian District. He
further stated that he does not recall any participation in any
of his community or civic association meetings or participating
in the Village Plan from any of the individuals who have
addressed the issue regarding the quality of projects in the
Midlothian District. He stated that he feels it was
inappropriate for citizens to speak out about some bad
development in the Midlothian District without adequate
knowledge of the background of those cases.
Mr. McHale stated that he feels the request is a good plan; that
he feels it is very difficult to fairly impose more rigorous
standards today in an in-fill situation; that he feels the
request is very much consistent with existing area
neighborhoods; that this area, along with other areas, are faced
with strong transportation issues; and that he supports the
request.
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
approved Case 97SN0149 and accepted the following proffered
conditions:
Cash Proffer. The applicant, subdivider, or assignee(s)
shall pay $4,500 per lot to the County of Chesterfield,
prior to the time of building permit application, for
each new dwelling unit for infrastructure improvements
within the service district for the Property. At the
time of payment, the $4,500 will be allocated such that
the impact on school facilities is fully addressed, with
any balance remaining allocated pro-rata among the
facility costs as calculated annually by the County
Budget Department for roads, fire stations, parks and
library facilities. A dwelling unit shall be subject to
this condition if its foundation lies entirely within the
bounds of the property which is the subject of this
request.
Public Utilities. The public water and waste water
system shall be used.
Timberinq. With the exception of timbering to remove
dead or diseased trees which has been approved by the
Virginia State Department of Forestry, there shall be no
timbering until a land disturbance permit has been
obtained from Environmental Engineering and the approved
devices installed.
97-200
3/12/97
e
Access. Access to Lucks Lane shall be limited to one (1)
public road. A time of tentative subdivision review, a
second public road access located towards the eastern
part of the property may be approved by the
Transportation Department. If the second access is
approved, the developer shall construct additional
pavement along the eastbound lanes of Lucks Lane to
provide a right-turn lane. The exact location of these
accesses shall be approved by the Transportation
Department.
Roadway Improvements. To provide for an adequate roadway
system at the time of complete development, the developer
shall be responsible for the following:
a)
Construction of a new crossover on Lucks Lane.
The exact location of this crossover shall be
approved by the Transportation Department.
Construction of this new crossover shall include
additional pavement along the eastbound and
westbound lanes of Lucks Lane to provide a left
turn lane for both approaches.
b)
Construction of additional pavement along the
eastbound lanes of Lucks Lane at the approved
access to provide a right turn lane.
c)
Construction of a residential collector (i.e.,
"no lot frontage" road) from Lucks Lane aligning
the new crossover to a point approved by the
Transportation Department, but not beyond the
southern property lines. The exact location of
this collector shall be approved by the
Transportation Department.
d)
Construction of a three-lane typical section
(i.e.., one (1) southbound lane and two (2)
northbound lanes) for the residential collector
at its intersection with Lucks Lane.
e)
Dedication, free and unrestricted, to and for
the benefit of Chesterfield County, any right of
way for easements required for the improvements
identified above.
Phasinq. Prior to any road and drainage plan approval,
a phasing plan for the required road improvements
identified in Proffered Condition 5 shall be submitted
to, and approved by, the Transportation Department.
Minimum Square Footages. Except for those dwellings
located on lots adjacent to Exbury Subdivision, Section
3, the minimum gross square footage for homes shall be as
follows:
1 story 1,600 gross square feet
More than 1 story 1,800 gross square feet
The minimum gross square footage for homes on lots
adjacent to Exbury Subdivision, Section 3, shall be 2,000
gross square feet.
Density. A maximum of two hundred twenty (220) lots
shall be developed on the Property.
Road Connection Prohibition. Other than extension of
streets as cul-de-sacs from St. James Woods subdivision,
there shall be no road connections from the Property to
St. James WoodS or Poplar Creek subdivisions. The cul-
de-sacs shall have no connection to any other roads on
the Property which would allow vehicular movem~htB
between Poplar Creek and St. James Woods subdivisions ahd
3/12/97
97-201
10.
the collector road on the Property. There shall be no
road connection from the Property to Exbury Terrace in
Exbury Subdivision.
Covenants. The following Declaration of Restrictions
shall be recorded in conjunction with the recordation of
any subdivision plat:
THE OWNERS do hereby declare that said property is to be
held, owned, conveyed, used and occupied subject to the
following restrictive covenants:
An Architectural Review Committee, hereinafter
called "ARC" shall be comprised of Douglas R.
Sowers, his heirs, personal representatives,
successors, and assigns, any of which may act.
The ARC shall coordinate each residence and lot
and shall establish reasonable rules and
regulations relating to the procedure for
architectural approvals and general guidelines
for architectural plans according to the
specifications set forth in "Architectural
Review" attached hereto as Exhibit "A" and made
a part hereof.
The ARC shall not be liable to any 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 arising out of or in any way
relating to the subject matter of any review,
acceptances, inspections, permissions, consents,
or required approvals which must be obtained
from the ARC whether given, granted or withheld.
No Improvements, either permanent or temporary,
alterations, repairs, changes in color,
excavations, changes in grade, major
landscaping, or other work which in any way
alters the exterior appearance of any Lot or
improvement located thereon from its natural or
improved state existing on the date such Lot was
first conveyed in fee by Douglas R. Sowers to an
owner (including clearance of trees and
vegetation, driveways, entrance ways, fences,
mailboxes, and lamp post structures), shall be
made or done until the plans, specifications,
working drawings, and proposals for the same
showing the nature, kind, shape, type, color,
materials, and location of the improvements on
the Lot and a landscaping plan shall have been
submitted to and approved in writing as to
harmony of external design and location in
relations to surrounding structures, topography,
and applicable governmental requirements by the
ARC.
o
Ail easements along road frontage and lot lines
as shown on the aforesaid subdivision plat are
hereby reserved unto the developer, his personal
representatives, heirs, assigns, or agents, for
the purpose of drainage or furnishing light,
telephone or any other utility to the property.
Lots shall be occupied and used as follows:
Lots shall be used for private residential
purposes only and no building of any kind
whatsoever shall be erected or maintained
thereon except for:
97-202
3/12/97
10.
11.
One private dwelling house with each
dwelling being designated for
occupancy by a single family.
Private garages for the sole use of
the respective owners of the Lots upon
which such garages are erected.
A single building for the storage of
non-commercial vehicles, boats,
equipment, and tools used in
maintenance of the Lot upon which
erected.
No building shall be located on any lot nearer
to any street or to a side line than is
permitted under the applicable local zoning
ordinance in effect at the time such building is
constructed.
No structure of a temporary character, trailer,
basement, tent, shack, garage, barn, or other
outbuilding shall be used on any Lot at any time
as a residence either temporarily or
permanently.
The construction of any structure on a Lot shall
be completed within a period of nine (9) months
after the beginning of construction. During
construction, the Lot shall be maintained in a
clean and uncluttered condition, free of
unnecessary accumulation of waste and building
debris.
It is the responsibility of each OWner to
prevent the development of any unclean,
unsightly, or unkept condition of buildings or
grounds on his Lot. All improvements on each Lot
shall be kept in good repair, and, where
necessary, painted on a regular basis. No
portion of the property shall be used or
maintained as a dumping ground for rubbish.
Outdoor burning of leaves, trash, or other
debris shall not be permitted. All trash,
garbage, and other waste shall be kept in
sanitary containers which shall be surrounded by
wooden screening with such screening being
approved by the ARC, or otherwise out of sight
from the street.
No nuisance or offensive activity shall be
permitted or maintained upon any Lot, nor shall
any poultry, hogs, rabbits, cattle, or other
livestock be kept thereon with the exception of
dogs, cats, or other normal household animals
kept as pets thereon in numbers not exceeding
those permitted by the law provided they are not
kept, bred or maintained for any commercial
purposes, and must be kept under control of
their owner when outside owner's premises, nor
constitute a nuisance in the opinion of the ARC,
its successors or assigns. No use shall be made
of any Lot which will depreciate or adversely
affect the surrounding Lots or the property.
Each residence constructed on a Lot shall be
connected to a public sewer.
No Lot shall be further subdivided without prio~
written consent of the ARC. However, the
developer hereby expressly reserves for itself,
its successors, and assigns, the right to re-
3/12/97
97-203
12.
13.
14.
15.
16.
17.
18.
subdivide any Lot or Lots shown on any recorded
plan of subdivision of the property prior to the
delivery of a deed to said Lot or Lots without
the prior written consent of any Lot Owner.
Except for emergencies, which emergencies must
be proven to the satisfaction of the ARC, no
trees with a diameter of six (6) inches or more,
measured two (2) feet from the ground, flowering
trees, shrubs, or evergreens may be cleared from
any Lot without prior written permission of the
ARC. In the event a Lot Owner violates this
covenant, the Lot Owner will be fined $25.00 per
inch for every such tree removed and it shall be
assumed that each tree had a diameter of twelve
(12) inches.
No commercially licensed vehicles, motor
vehicles, recreational vehicles, boats, disabled
vehicles, vehicles without a current state
license or state inspection sticker, machinery,
or other equipment shall be visible from the
street for a period exceeding twenty-four (24)
hours. Any screening of such vehicles must be
approved by the ARC. This covenant shall not
apply to vehicles and equipment used in
connection with construction upon Lots, while
such construction is in progress, or in
connection with the development of the property.
It shall be the responsibility of each Owner to
construct and maintain suitable and adequate
parking space on his Lot and all vehicles shall
be parked thereon.
The operation of unlicensed motor bikes, ATV's,
and motorcycles on the lots and entrance area
shall be subject to regulation by the Owners and
may be prohibited entirely.
No external illumination on any Lot shall be of
such a character or intensity or so located as
to interfere with any other Owner's use or
enjoyment of his Lot. No neon or flashing
lights shall be permitted. All external lighting
must be approved as to size and intensity by the
ARC.
Except during construction, no signs of any kind
shall be displayed to the public view on any lot
except:
One sign not exceeding four (4) square feet
in areas used for the purpose of
advertising the Lot for sale or rent: and
One sign not exceeding four (4) square feet
in areas which identify the resident
occupying the Lot, the name of the Lot, or
both.
No temporary, portable, or above-ground swimming
pools may be erected on any Lot that will be
visible from the street.
No outside antennas, television or otherwise,
shall be permitted; provided, however, that
until cablevision television becomes available
to the property, exterior television antennas
shall be permitted, provided that they do not
extend more than five (5) feet past the roof
line of any dwelling. No satellite dishes shall
be visible from the street.
3/12/97
97-204
19.
20.
21.
22.
23.
24.
25.
26.
No construction shall be permitted without
appropriate erosion control so as to prevent the
discharge of any soil or other materials onto
any other Lot or Common Area. The ARC may
establish reasonable rules and regulations
establishing a maximum percentage of any Lot
which may be covered by a building, driveway, or
other structure.
No fences or walls not constituting a part of a
building shall be erected, placed or altered on
any Lot nearer to any street than the minimum
exterior setback line, but in no case shall it
extend further forward than the rear of the
house except with the approval of the ARC.
No shrubs, trees, fences or structures of any
type shall be erected which may partially or
fully block vehicular sight distance, as set
forth in the Virginia Highway Department
regulations, on any roadway.
No Lot owner shall disturb or siltate shoulder,
backslopes, ditches, pavement, curb and gutter,
driveway culverts, or any other improvements
within the public right-of-way. Each Lot Owner
agrees to be responsible for disturbances,
damages, and/or siltation caused by themselves,
their employees, suppliers, contractors, or
others, and shall have fourteen (14) days from
the receipt of a letter from the developer
and/or the ARC to correct the damage. If a Lot
Owner fails to correct the damage in a
workmanlike manner, then the developer or its
assigns shall have the right to correct the
damage and bill the Lot Owner directly on a
cost-plus-fifty-percent (50%) basis. If a Lot
Owner does not make payment within thirty (30)
days of presentation of the bill, a two percent
(2%) per month service charge shall be applied
to such bill.
Any one or more of the Covenants and
Restrictions imposed in Paragraphs 1 thru 21
hereof may be waived, modified, or rescinded, in
whole or in part, as to all of the property or
any Lot, by written instrument of the ARC.
Invalidation of any of these covenants and
conditions, by court adjudication or otherwise
shall in no way modify, affect, or invalidate
any of the other covenants and conditions
contained herein which shall remain in full
force and effect.
Each and every covenant and condition herein
imposed may be enforced by the undersigned or
the owner of any lot by appropriate proceedings
at law or in equity against any party violating
or attempting or threatening to violate the same
to prevent or rectify such violation and/or
recover damages therefore. The failure of an
owner or the undersigned to bring any such
proceeding shall not be considered as a waiVer
of any rights at law or in equity that any such
party may have for past or future violation of
any covenant herein contained.
These covenants and conditions are to run with
the land and shall be binding upon subsequent
owner or owners and all parties claiming throUgh
or under such owner or owners for a period of
3/12/9~
97-205
thirty (30) years from the date these covenants
are recorded, after which time said covenants
shall be automatically extended for successive
period of ten (10) years unless an instrument
signed by a majority of the owners of the Lots
has been recorded, revoking said covenants, or
agreeing to change said covenants in whole or in
part.
EXHIBIT "A"
Ail plans to be approved prior to commencement
of construction on each Lot. House location to
be approved prior to construction.
Roof
Minimum 7/12 pitch
Minimum 12" overhang
No uncolored galvanized flashing
Foundation
Brick foundations
Brick or stone on chimney chases
Dwelling
Main body of house to be a minimum of 30 feet in
width
No single story homes adjacent to each other
Stoops and walks
Brick stoops or painted fir (no salt treated
stoops except when approved by ARC) Minimum 40
sq. ft.
Concrete sidewalks
Painted lattice under front porches - painted
risers on steps, painted pickets and painted
band on front porches
Siding
Panel shutters on front windows
Minimum 1 x 6 rake and facie boards
No Ti-ll siding
Landscaping
$300 allowance for shrubs
White painted mailbox and lamp post consistent
throughout subdivision
Builder to leave as many trees as possible over
6 inches at the base
Base
3 color exterior paint except for 2 colors if
painted white
Satellite Dishes and swimming pool design,
location and screening to be approved prior to
installation.
The Architectural Review Committee (ARC), which
consists of Douglas R. Sowers, his successors,
heirs, or assigns, reserves the right to modify
the above restrictions or any other imposed deed
restrictions in all or in part without notice.
In addition, the ARC reserves the right to make
special exceptions to these conditions on an
individual basis; however, any special
3/12/97
97-206
Ayes :
Nays :
Absent:
exception(s) shall not be deemed as a waiver of
the restriction(s) as they may apply in the
future
The ARC reserves the right to disallow
construction of architecturally similar homes
adjacent to each other.
Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Mr. Warren.
Mr. Daniel.
17. ~DJOURNMENT
On motion of Mr. Barber, seconded by Mr. McHale, the Board
adjourned at 11:50 p.m. until March 26, 1997 at 2:00 p.m.
Ayes : Mr. Warren, Mrs. Humphrey, Mr. Barber, and Mr. McHale.
Absent: Mr. Daniel.
Large/B. ~am~ey ' ~
County Administrator6/
Arthur S. Warren
Chairman
3/12/97
97-207