08-23-2006 Minutes
BOARD OF SUPERVISORS
MINUTES
August 23, 2006
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Supervisors in Attendance:
Mr. R. M. "Dickie" King, Jr.,
Chairman
Mr. Kelly E. Miller, Vice Chrm.
Ms. Terri Cofer Beirne
Mrs. Renny Bush Humphrey
Mr. Arthur S. Warren
Mr. Lane B. Ramsey
County Administrator
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Staff in Attendance:
Colonel Carl R. Baker,
Police Department
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Jana Carter, Dir.,
Juvenile Services
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Charles Dane, Asst.
Dir., External Services
Mr. Jonathan Davis, Real
Estate Assessor
Mr. Will Davis, Dir.,
Economic Development
Mr. Robert Eanes, Asst. to
the County Administrator
Mrs. Lisa Elko, CMC,
Clerk
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Lawrence C. Haake, III
Registrar
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Joe Horbal,
Commissioner of Revenue
Mr. Thomas E. Jacobson,
Dir., Revitalization
Mr. Donald Kappel, Dir.,
Public Affairs
Ms. Mary Lou Lyle, Dir.,
Accounting
Mr. Mike Mabe, Dir.,
Libraries
Chief Paul Mauger,
Fire Department
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
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08/23/06
Mr. Francis Pitaro, Dir.,
General Services
Ms. Leigh Robbins, Exec.
Dir., Lucy Corr village
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Kirk Turner, Dir.,
Planning
Mr. Scott Zaremba, Asst.
Dir., Human Resource
Management
Mr. King called the regularly scheduled meeting to order at
3:07 p.m.
Mr. King welcomed Ms. Beirne to the Board of Supervisors
representing the Midlothian District and also welcomed back
Mrs. Elko from a leave of absence.
1. APPROVAL OF MINUTES FOR:
1.A. JUNE 20, 2006 (SPECIAL MEETING)
1.B. JULY 26, 2006 (REGULAR MEETING)
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved the minutes of June 20, 2006 and July 26, 2006, as .-/
submitted.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
o GRAVESHAM TWINNING VISIT PRESENTATION
Mr. Ramsey provided a report of the county delegation's
twinning visit to Gravesham Borough, England in July 2006,
which included a video presentation of Mr. King's remarks at
a wreath-laying ceremony at Pocahontas' gravesite at Saint
George's Church.
Mr. King stated, as a result of the twinning
representative of the Virginia Indian Council will
the Henricus Board.
visit, a
serve on
3. BOARD MEMBER REPORTS
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Mr. Warren commented that the Gravesham presentation was a
very good report and it was a beneficial trip for the county.
Mrs. Humphrey thanked Mr. King for participating in the
Gravesham visit and stated she is honored that the county
took the time and the resources to pay Pocahontas the respect
she deserved.
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08/23/06
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, OR
CHANGES IN THE ORDER OF PRESENTATION
,~
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
moved Item 8.B.4., Appointments to the Watkins Centre
Community Development Authority, to follow Item 16.J., Public
Hearing to Consider Adoption of an Ordinance Creating the
Watkins Centre Communi ty Development Authority; and adopted
the Agenda, as amended.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
S. RESOLUTIONS
S.A. RECOGNIZING THE lOOn ANNIVERSARY OF THE PETERSBURG
BAPTIST ASSOCIATION
Mr. Stith introduced Dr. Alex
Petersburg Baptist Association,
the resolution.
Roberts, Moderator for the
who was present to receive
On motion of the Board, the following resolution was adopted:
WHEREAS, the Petersburg Baptist Association was formed
in 1906 and is celebrating its loath anniversary in 2006; and
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WHEREAS, the Petersburg Baptist Association has been a
part of Chesterfield County for many years and has
contributed to the development, growth, and mission of
Chesterfield County; and
WHEREAS, the Petersburg Baptist Association
ministered to the citizens of Chesterfield County in
prosperous times and times of need; and
has
both
WHEREAS, the Petersburg Baptist Association is part of
the community of God and the community of this locality.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 23rd day of August 2006,
hereby congratulates the Petersburg Baptist Association on
its 100th anniversary on September 10, 2006 and looks forward
to working with the association in the future as they begin
their second centennial anniversary in Chesterfield County,
the Commonwealth of Virginia, and the United States of
America.
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AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to the Petersburg Baptist Association
and that this resolution be permanently recorded among the
papers of this Board of Supervisors of Chesterfield County,
Virginia.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
Mr. King presented the executed resolution to Dr. Roberts and
expressed appreciation to the Petersburg Baptist Association
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08/23/06
for ministering to residents of Chesterfield County for 100
years.
Dr. Roberts thanked the Board for the recognition and invited
all county residents to attend the 100th anniversary
celebration.
S.B. RECOGNIZING JOHN R. MORGAN,iP:a:.I).,DEPARTMENT OF MENTAL
HEALTH, MENTAL RETARDATION A:NP St.1SSTANCE ABUSE
SERVICES, UPON HIS RETIREME~
........",,,r'
Mr. Braunstein introduced Dr. John Morgan who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Dr. John R. Morgan retired on August 14, 2006
after providing thirty years of dedicated and faithful
service to Chesterfield County; and
WHEREAS, Dr. Morgan began his career with the
Chesterfield County Department of Mental Health Support
Services on August 2, 1976 as a psychorogist III; served as
Chief of Service II, Mental ~ealth/Mental Retardation
Services Manager, Chief of Prevention Services, Chief of
Clinical Services, Assistant Director of Mental Health/Mental
Retardation and, lastly, as Strategic Leader for Clinical
Services; and
WHEREAS, Dr. Morgan founded and created comprehensive
primary prevention programs recognized as models for
community services boards throughout the state; is recognized
as a state and national leader in the prevention field,
received two national awards, and advanced the cause of
primary prevention via professional writing, speaking and
training; and
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WHEREAS, Dr. Morgan is a recognized leader of a
comprehensive mental heal th/ substance abuse service system,
where he led in the development and expansion of services to
vulnerable populations, including children with serious
emotional disturbance and adults ~lith serious mental illness;
and
WHEREAS, Dr. Morgan served as
development of collaborative programs
Schools and with the Adult Drug Court; and
a leader in the
with Chesterfield
WHEREAS, Dr. Morgan served with distinction on multiple
interagency task forces and coalitions including the mul ti-
disciplinary child abuse team, Community Criminal Justice
Board, and was active in regional and state mental
health/substance abuse organizations, including years of
dedicated service on the Virginia Association of Community
Services Board Public Policy Committee; and
...../
WHEREAS, Dr. Morgan served on many county project teams,
including the Chesterfield University development team;
successfully managed the project that built the new Chester
House, which was a long-term dream of many families,
consumers, and staff; and is a practical, logical problem
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08/23/06
solver whose consultation is sought out by many within the
department and outside the county; and
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WHEREAS, Dr. Morgan will be sorely missed for his
professional contributions as a champion for the rights,
dignity, and service needs of children and adults with mental
illness, and for his commitment to the high quality of
services provided to those served by the Chesterfield
Department of Mental Health Support Services.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 23rd day of August 2006,
publicly recognizes the contributions of Dr. John R. Morgan,
and extends its appreciation for his thirty years of
dedicated service to the county, congratulations upon his
retirement, and best wishes for a long and happy retirement.
AND, BE IT FURTHER RESOLVED, that a copy of
resolution be presented to Dr. Morgan, and that
resolution be permanently recorded among the papers of
Board of Supervisors of Chesterfield County, Virginia.
this
this
this
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
Mr. Miller presented the executed resolution and a Jefferson
Cup to Dr. Morgan, accompanied by his wife and Dr.
Braunstein, expressed appreciation for his dedicated service,
and wished him well in his retirement.
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Dr. Morgan expressed his appreciation to the Board for the
recognition and stated it has been an honor and a privilege
to work for Chesterfield County.
A standing ovation followed.
6. WORK SESSIONS
There were no work sessions at this time.
7 . DEFERRED ITEMS
There were no deferred items at this time.
8. NEW BUSINESS
8.A. ANNUAL CASH PROFFER INFORMATION, ADOPTION OF MAXIMUM
CASH PROFFER FOR FISCAL YEAR 2007 AND POLICY CHANGE
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Mr. Carmody provided a summary of results of the cash proffer
program. He reviewed annual collections from 2001 through
2005 and collections/appropriations by category. He then
reviewed data relative to units paying proffers and previous
Board actions regarding cash proffers and stated this year's
calculation of $22,721 reflects an increase in the school and
road categories. He provided details of parameters used in
projecting the school impact calculation and stated the
calculation maintains the same basic structure used when the
methodology was first adopted, but is more reflective of
students per new household rather than countywide averages.
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He reviewed student yields from the 15 fastest growing
subdivisions. He stated road impact calculations have
increased because of higher construction costs and reduced
state funding. He then reviewed net cost trends for schools,
parks, libraries, fire stat.ions and roads. He stated the
County Administrator recommends that the Board adopt the
proposed cash proffer policy changes to revise the school
spending districts to accommodat.e for thE~ new Cosby Road High
School; set $22,600 per dwelling unit as the maximum
acceptable cash proffer for FY2007; and adopt t.he Marshall
and Swift cost index increase of 7.3% percent for previously
approved cases. He not.ed that. the Planning Commission has
recommended that the Board also consider discontinuing its
practice to allow reduced cash proffen3 for age-restricted
and age-targeted units primarily for reasons of enforcement.
He stated the Board's policy allows flexibility in evaluating
cases, but staff has no strong recorrmendation regarding this
change.
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Mr. King stated he would like to vote separately on each of
the recommendations.
After brief discussion, Mr. King made a motion, seconded by
Mr. Warren, for the Board to adopt the Marshall and Swift
Cost Index increase of 7.3 percent for previously approved
zoning cases that committed to cash proffers.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
Mr. King stated the Board will
Transportation Summi t in the fall,
that the Board not set the FY2007
proffer until after that time.
be participating in a
and he is recommending
maximum acceptable cash
Mr. King then made a motion, seconded by Mr. Miller, for the
Board to defer action to set the maximum acceptable cash
proffer for FY2007 until December 13, 2006.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
On motion of Mr. Miller, seconded by Hrs., Humphrey, the Board
adopted policy changes, as presented by staff, to revise the
school spending districts to accommodate for the new Cosby
Road High School.
Ayes: King, Hiller, Beirne, Humphrey and Warren.
Nays: None.
Discussion ensued regarding the Planning Commission's
recommendation to eliminate the practice of allowing reduced
cash proffers for age-restricted and age-targeted
developments.
---'"
In response to Mr. Miller's question, Mr. Micas stated once a
developer has sold out his product, no one enforces the age-
restricted requir,ement for subsequent conveyances.
Mr. King stated eliminating the practice of allowing reduced
cash proffers for age-targeted developments and maintaining
the practice of allowing reduced cash proffers for age-
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08/23/06
restricted developments would protect the county's seniors to
the best of the Board's ability.
Mrs. Humphrey stated recording of conditions regarding age-
restricted housing provides zoning tools for future
conveyances.
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Mr. King expressed concerns that new residents with school
children who purchase existing homes do not address their
impact on the community.
Mr. Ramsey stated the general philosophy is that, for every
family who purchases an existing home and does not pay a cash
proffer, a new unit will be built that someone will move into
and pay a cash proffer. He further stated the Homebuilders
Association has been a proponent of a transfer fee from every
house that is sold, indicating this would be collected on new
families moving into the community, but would negatively
impact existing families moving within the community.
Mr. Miller made a
to eliminate its
for age-targeted
allowing cash
developments.
motion, seconded by Mr. King, for the Board
practice of allowing cash proffer credits
developments, but retain its practice of
proffer credits for age-restricted
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
Mr. Ramsey stated he believes Chesterfield is the only
locality that includes in zoning approvals age-restricted
properties, which raises the question of whether we might be
attracting senior residents from outside of the community.
He noted the age-restricted properties are requiring
additional emergency medical services, indicating that staff
may suggest in the future a different type of cash proffer
for emergency medical services in age-restricted communities.
8.B. STREETLIGHT INSTALLATION COST APPROVALS
On motion of Ms. Beirne, seconded by Mr. Miller,
approved the following streetlight installations
Creek Subdivision in the Midlothian District:
the Board
in Michaux
. Michaux Crossing Lane, in the vicinity of 312
Cost to install streetlight: $509.15
. Michaux Branch Terrace, in the vicinity of 430
Cost to install streetlight: $509.15
.
Michaux Branch Terrace, in the vicinity of 406
Cost to install streetlight: $509.15
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Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
8 . C . APPOINTMENTS
On motion of Mr. Warren, seconded by Mr. Miller, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment/reappointment of members to serve on
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08/23/06
the Richmond Regional Planning District
Services Citizen Board and GRTC Transit
Directors.
Commission, Youth
System Board of
Ayes: King, Miller, Beirne,. Humphrey o.nd Warren.
Nays: None.
8.C.l. RICHMOND REGIONAL PLANNING DISTRICT COMMISSION
On motion of Mrs. Humphrey, seconded by ~!Ir. Miller, the Board
simultaneously nominated/appointed Ms. Terri Cofer Beirne to
serve on the Richmond Regional Planni.ng District Commission,
whose term is effective immediate and will be at the
pleasure of the Board.
Ayes: King, Miller, Beirne.. Humphrey and Warren.
Nays: None.
8.C.2. YOUTH SERVICES CITIZEN BOARD
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
simultaneously nominated/appointed the following youth
members to serve on the Youth Services Citizen Board, whose
terms are effective immediately and expire June 30, 2007:
Name
Bhavik Shah
Nick Newman
William Enoch
Gwenyth Gaba
Emily Collins
James Cogle
Dis ct
_._~--,~',.~
Bermuda
Matoaca
Matoaca
Midlothian
Midlothian
Mid.lothian
~d
And, further, the Board simultaneously nominated/appointed
Mr. Ivan Schwartz, adult member representing the Midlothian
District.. to serve on the Youth Services Citizen Board, whose
term is effective immediately and expires June 30, 2009.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
8.C.3. GRTC TRANSIT SYSTEM BOARD OF DIRECTORS
On motion of Mrs. Humphrey, seconded by Hr. Miller, the Board
simultaneously nominated/reappointed Mr. David W. Mathews,
Mr. Daniel K. Smith and Mr. S. Joseph Ward, representing the
county at-large, to serve as directors to the GRTC Transit
System Board of Directors.. with terms effective October 18,
2006 and expiring October 17, 2007.
And, further, the Board authorizE~d the County Administrator
or his designee to appear at the October 18, 2006 GRTC annual
meeting to vote on behalf of the county for the GRTC
directors appointed by the Boa:rd and by Richmond Ci ty
Council.
......p^
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
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08/23/06
8.D. CONSENT ITEMS
8.D.l. ADOPTION OF RESOLUTIONS
8.D.l.a. RECOGNIZING MAJOR GARLAND G. STAFFORD, SHERIFF'S
OFFICE, UPON HIS RETIREMENT
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
-~
WHEREAS, Mr. Garland G. Stafford has faithfully served
the Chesterfield County Sheriff's Office since November 16,
1990, in the position of Major (Chief Deputy); and
WHEREAS, serving the public for over 15 years, Major
Stafford has provided quality service and sYmbolized the true
spirit of the Sheriff's Office; and
WHEREAS, Maj or Stafford has always promoted effective
working relationships with all groups, elected
representatives, officials from surrounding localities, co-
workers, and the citizens of Chesterfield County; and
WHEREAS, Major Stafford has demonstrated his
to continued education and leadership improvement
Sheriff's Office by completing the FBI Academy
Quantico, Virginia; and
dedication
within the
located in
WHEREAS, Major Stafford has demonstrated his commitment
to the progress of the criminal justice system in
Chesterfield County by participating on the
Chesterfield/Colonial Heights Community Criminal Justice
Board during the creation of various initiatives such as the
Day Reporting Center; Video Arraignment; Adult and Juvenile
Drug Court; as well as the opening of the new Juvenile and
Domestic Relations Courthouse; and
WHEREAS, Major Stafford has been recognized as an avid
supporter of the Special OlYmpics program by raising various
monies and participating in tne yearly Torch Run; and
WHEREAS, Maj or Stafford assumed the role of Inspector
upon the Sheriff's Office accreditation certification in the
year 2001, under the Virginia Law Enforcement Professional
Standards Commission; and
WHEREAS, Major Stafford continued with the progress and
future expansion of the Sheriff's Office by overseeing the
newly revised Treatment Division within the new jail facility
which opened in the year 2006.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Maj or Garland G. Stafford, expresses the
appreciation of all residents for his service to Chesterfield
County, and extends appreciation for his dedicated service to
the county and congratulations upon his retirement, as well
as best wishes for a long and happy retirement.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
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08/23/06
S.D.l.b. RECOGNIZING SEPTEMBER 25, 2006, AS "FAMILY DAY" IN
CHESTERFIELD COUNTY
On motion of Mr. King, seconded by Mt-s. Humphrey, the Board
adopted the following resolution:
WHEREAS, the observance of "F'ami ly Day - A Day to Eat
Dinner with Your Children" provides a unique opportunity for
families in Chesterfield County to join one another at the
dinner table as a means of strengthening family
relationships; and
WHEREAS, parental influence is known to be one of the
most crucial factors in determining the likelihood of
substance abuse by teenagers; and
WHEREAS, surveys conducted Joy the National Center on
Addiction and Substance Abuse have consistently found that
children and teenagers who routinely eat dinner with their
families are far less likely to use cigarettes, alcohol and
illegal drugs; and
WHEREAS, meal times offer opportunities for families to
spend time together, providing a basic structure that
strengthens and encourages lasting relationships; and
WHEREAS, young people from families who almost never eat
dinner together compared to thOSE' that: do are 72 percent more
likely to use cigarettes, alcohol and illegal drugs; and
WHEREAS, the correlation bl:::tween
reduced risk for teen substance abuse is
family dinners and
well documented; and
WHEREAS, Chesterfield County Youth Planning and
Development and SAFE, Chesterfield's substance abuse
prevention coalition, are promoting the importance of family
dinners to parents in Chesterfield County, Virginia; and
WHEREAS f the Chesterfield County Board of Supervisors
recognizes that eating dinner as a family is an important
step toward raising drug-free children.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Monday, September 25,
2006, as "Family Day A Day to Eat Dinner With Your
Children," to recognize the positive impact of strong family
interaction on the well being and future success of the young
people in Chesterfield County.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
S.D.l.c. RECOGNIZING CAPTAIN JACR, F. SPEED, CHESTERFIELD
FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT,
UPON HIS RETIREMENT
~,,'
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, Captain Jack F. Speed will retire from the Fire
and Emergency Medical Services Department, Chesterfield
County, on September 1, 2006; and
06-.746
08/23/06
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WHEREAS, Captain Speed graduated from Recruit School #9
in 1978 with the highest academic score in fire studies and
has faithfully served the county for 28 years in various
assignments beginning as a Firefighter at the Midlothian Fire
and EMS Station, as a Sergeant at the Bon Air and Midlothian
Fire and EMS Stations, as both a Lieutenant and then a
Captain at the Bensley Fire and EMS Station, and finally
completing his career as a Captain at Bon Air Fire and EMS
Station; and
WHEREAS, Captain Speed has been a State Adjunct
Instructor since 1980 and has instructed new members of
Chesterfield Fire and Emergency Medical Services during
numerous Volunteer and Career Recruit Schools; and
WHEREAS, Captain Speed has continually worked to improve
his own personal job knowledge, skills, and abilities,
attending the University of Maryland's week-long "Smoke
Divers School" in 1982; obtaining an Associates in Applied
Sciences degree in Fire Science from J. Sargeant Reynolds
Community College, graduating Summa Cum Laude; certifying as
a Nationally Registered Emergency Medical Technician-
Intermediate, Advanced Life Support Provider; and qualifying
as a member of the Chesterfield Fire and Emergency Medical
Services SCUBA Rescue Team; and
WHEREAS, on August 30, 2004, Captain Speed participated
as a member of that SCUBA Rescue Team, responding both in the
City of Richmond and in Chesterfield County to numerous swift
water rescue calls created by the torrential rains and
flooding from a stalled Tropical Storm Gaston, earning both a
Unit Citation and a Life Save Award; and
WHEREAS, during one specific swift water rescue on
Turner Road, Captain Speed placed himself in a position of
great personal peril, risking his own life while successfully
preventing a male teenager from being swept away to certain
death, for which actions he was awarded Chesterfield Fire and
Emergency Services' highest honor, the Medal of Valor; and
WHEREAS, Captain Speed was recognized both in the
Congressional Record of the United States Senate on October
8, 2004 and by the American Red Cross for Extraordinary
Personal Action as a result of his actions during Tropical
Storm Gaston; and
WHEREAS, Captain Speed deployed in September 2005 as
part of an Incident Management Team from Chesterfield County
to the State of Louisiana following Hurricane Katrina for the
purpose of organizing and coordinating rescue and recovery
operations in that area of devastation; and
-
WHEREAS, Captain Speed has consistently participated in
volunteer activities benefiting the community with
involvement in such programs as the Bradley McNeer Memorial
Golf Tournament, the Central Virginia Burn Camp and riding as
a member of the Chesterfield Fire and Emergency Medical
Services "Team 911" bike team to raise money for research in
Multiple Sclerosis.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
06-747
08/23/06
Captain Jack F. Speed, expreSSE~S the appreciation of all
residents for his service to the county, and extends
appreciation for his dedicated service and congratulations
upon his retirement.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
8.D.l.d. RECOGNIZING MISS KATELYN RUTH GOOD AND MISS
ELIZABETH ANN GOERGEN UPON ATTA,INING THE GOLD AWARD
On motion of Mr. King, seconded by !v1rs. Humphrey f the Board
adopted the following resolution:
WHEREAS, the Girl Scouts of the Uni t.ed States of America
is an organization serving over 2.6 million girls and was
founded to promote ci tizenship training and personal
development; and
WHEREAS, after earning four interest proj ect patches,
the Career Exploration Pin, the S,enior Girl Scout Leadership
Award, the Senior Girl Scout Challenge I and designing and
implementing a Girl Scout Gold Award project; and
WHEREAS, the Gold Award is the highE~st achievement award
in Girl Scouting and sYmbolizes outstanding accomplishments
in the areas of leadership, cormnuni ty service, career
planning, and personal development;
WHEREAS I the Girl Scout Award can only be earned by
girls aged 14-17 or in grades 9-12 and is received by less
than six percent of those individuals entering the Girl
Scouting movement; and
WHEREAS I Miss Katelyn Ruth Good and Miss Elizabeth Ann
Goergen, both of Troop 719, sponsored by Crestwood
Presbyterian Church, have accomplished these high standards
and have been honored with the Girl Scouts of America Gold
Award by the Commonwealth Girl Scout Council of Virginia; and
WHEREAS, growing through their experiences in Girl
Scouting, learning the lessons of responsible ci ti zenship,
and priding themselves on the great accomplishments of their
country, Katelyn and Elizabeth are indeed members of a new
generation of prepared young ci tizens of whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 23rd day of August 2006,
recognizes Miss Katelyn Ruth Good and Miss Elizabeth Ann
Goergen, extends congratulations on their attainment of the
Gold Award and acknowledges the good fort:une of the county to
have such outstanding young women as its citizens.
~".
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
06..748
08/23/06
8.D.l.e. RECOGNIZING MR. DOUGLAS JACOB SIMON UPON ATTAINING
THE RANK OF EAGLE SCOUT
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
-
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service proj ect beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Douglas Jacob Simon, Troop 800, sponsored
by Bethel Baptist Church, has accomplished those high
standards of commitment and has reached the long-sought goal
of Eagle Scout, which is earned by only four percent of those
individuals entering the Scouting movement; and
-
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Douglas has distinguished himself as a member of a
new generation of prepared young citizens of whom we can all
be very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 23rd day of August 2006,
recognizes Mr. Douglas Jacob Simon, extends congratulations
on his attainment of Eagle Scout, and acknowledges the good
fortune of the county to have such an outstanding young man
as one of its citizens.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
8.D.l.f. APPROVING CHANGES IN THE STATE SECONDARY SYSTEM OF
HIGHWAYS FOR A PORTION OF COGBILL ROAD
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
.,.....
WHEREAS, the Virginia Department of Transportation has
provided the Board of Supervisors with a sketch, depicting an
abandonment and addition required in the secondary system of
state highways which sketch is hereby incorporated herein by
reference; and,
WHEREAS, a new road serves the same citizens as
portion of old road identified to be abandoned and
segment no longer serves a public need.
that
that
NOW, THEREFORE, BE IT RESOLVED, that
Supervisors does hereby abandon as a part of
the Board of
the secondary
06-749
08/23/06
system of state highways that portion of road identified by
the sketch to be abandoned, pursuant to Section 33.1-155,
Code of Virginia, 1950, as amended; and,
AND, BE IT FURTHER RESOLVED, the Board of Supervisors
requests the Virginia Department of rrransportation to add to
the secondary system of state highways that portion of road
identified by the sketch to be added, pursuant to Section
33.1-229, Code of Virginia, 1950, as amended; and,
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation- and,
AND I BE IT FURTHER RESOLVED I tha t the Board of
Supervisors does hereby request that the Commonwealth
Transportation Commissioner certify, in writing, that the
portion of road hereby abandoned is no longer necessary for
uses of the secondary system of state highways pursuant to
Section 33.1-154 of the Code of Virginia. 1950, as amended.
Ayes: King, Hiller, Beirne, Humphrey and Warren.
Nays: None.
S.D.l.g. RECOGNIZING MRS. LINDA EBBERT, DEPARTMENT OF SOCIAL
~RVICES, UPON HER RETIREME~!
On motion of Mr. King, seconded by Mrs. Humphrey! the Board
adopted the following resolution:
WHEREAS, Mrs. Linda S. Ebbert benan her tenure of public
service wi th Chesterfield County as a Clerk Typist in the
Department of Social Services on July 5, 1983; and
WHEREAS I during her tenure wi th the department, Mrs.
Ebbert has held several positions in the division of
Administration and Finance, including Principal Clerical
Aide; Financial Statistical Technician; Accounting
Technician; Administration Officer and Administrative
Analyst; and
WHEREAS, in her position as Administrative Analyst, Mrs.
Ebbert assisted with budget development, monitored
expendi tures, analyzed revenues and ensured that
reimbursements were received and prope:rly recorded; and
WHEREAS, in 2000 Mrs. Ebbert served as Supervisor of the
Financial Management Team and
accurate payment for services
various statistical reports
dedicated err~loyees; and
coordinated the timely and
to cur customers, prepared
and supervised a team of
WHEREAS, in 2000, Mrs. Ebbert. suc.:cessfully completed the
requirements for graduation from the County's Supervisory
Leadership Institute; and
-"
WHEREAS, Mrs. Ebbert played an integral role in
Strategic Planning efforts of the department, serving a two-
year term as a member of the Quality Council and as a member
of the agency goal of "Promoting an rnltstanding workforce and
work environment"; and
06-750
08/23/06
WHEREAS, Mrs. Ebbert served several years as a Shelter
Manager for a team responsible for the management and
operation of emergency shelters in the event of a declared
emergency; and
WHEREAS, throughout her career, Mrs. Ebbert has been a
dedicated and committed employee whose efforts have aided
this department in meeting the needs of the citizens of
Chesterfield and Colonial Heights.
-
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mrs. Linda S. Ebbert, expresses the
appreciation of all residents for her service to the county
and congratulations upon her retirement, as well as best
wishes for a long and happy retirement.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
8.D.2. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO EXECUTE A
CONTRACT WITH MASTER ELECTRICAL INCORPORATED FOR THE
MODERNIZATION OF THE THREE ELEVATORS LOCATED IN THE
FIVE-STORY COUNTY ADMINISTRATION BUILDING
-
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
authorized the County Administrator to execute a contract
with Master Electrical Incorporated in the amount of $541,800
for the upgrade and modernization of the three elevators in
the five-story County Administration Building and transferred
$150,000 from the Reserve for Future Capital Projects to the
Elevator Modernization Project.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
8.D.3. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO EXECUTE A
HEALTH CARE CONTRACT WITH ANTHEM BLUE CROSS AND BLUE
SHIELD AND RENEW A DENTAL CARE CONTRACT WITH DELTA
DENTAL PLAN OF VIRGINIA FOR 2007
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
authorized the County Administrator to execute a contract
with Anthem Blue Cross and Blue Shield and renew its contract
with Delta Dental Plan of Virginia at the rates filed with
the papers of this Board.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
'.......
8.D.4. STATE ROAD ACCEPTANCE
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, the street described below is shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
06-751
08/23/06
WHEREAS, the Resident Enq-lneer for
Department of Transportation ha:3 advised
street meets the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department' s Subdivision Street Requi~:~ments.
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
this Board guarantees
as described, and any
drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Chanae to the Secondary System of State Hlahwavs:
Addition
Basis for Change:
Addition, Secondary System, New subdivision street
Statutory Reference:
S33.1-229
Project:
Bermuda Orchard Lane
.
Bermuda Orchard Lane, State Route Number: 828
From:
o.():~ mi. Sol Graymont Ln., (Rt. 5572)
To:
Enon Church Rd., (Rt. 746), a distance 01: 0.45 miles.
Right-ol-way record was filed on 12/15/1994 with the Office 01 Clerk To Circuit Court in Db. 2633 Pg. 946.
with a width 01 90 leet
And, further" the Board adopted the
llowing resolution:
WHEREAS" the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS:" the Resident En;jineer for
Department of Transportation has advised
streets meet the requirements established by
Street Re~lirements of the VLcginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Cod~ of Virginia, and the
Department's Subdivision Street Re.9..':lJ:~~:ement~.
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
this Board guarantees
as described, and any
drainage.
'<_c"
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
06-.752
08/23/06
Type Chanae to the Secondary System of State Hiahwavs:
Addition
Basis for Change:
Statutory Reference:
Addition, Secondary System, New subdivision street
~33.1.229
Project:
.
Greenbrier Woods, Section 1
Overridge Drive, State Route Number: 1199
0.06 mi. SW of Finney PI., (Rt. 7036)
Finney PI., (Rt. 7036), a distance of: 0.06 miles.
-
From:
To:
Right-of-way record was filed on 6/14/2006 with the Office Of Clerk To Circuit Court in Pb. 144 Pg. 71,
with a width of 50 feet
. Finney Court, State Route Number: 7035
From:
Overridge Dr., (Rt. 1199)
Cul-de-sac, a distance of: 0.06 miles.
To:
..-
Right-of-way record was filed on 6/14/2006 with the Office Of Clerk To Circuit Court in Pb. 144 Pg. 71,
with a width of 50 feet
. Finney Place, State Route Number: 7036
From: Overridge Dr., (Rt. 1199)
To: Cul-de-sac, a distance of: 0.05 miles.
Right-of-way record was filed on 6/14/2006 with the Office Of Clerk To Circuit Court in Pb. 144 Pg. 71,
with a width of 50 feet
. Overridge Drive, State Route Number: 1199
From: Finney PI., (Rt. 7036)
To: Cara Hill Ln., (Rt. 7037), a distance of: 0.06 miles.
Right-of-way record was filed on 6/14/2006 with the Office Of Clerk To Circuit Court in Pb. 144 Pg. 71,
with a width of 50 feet
. Cara Hili Lane, State Route Number: 7037
From: Overridge Dr., (Rt. 1199)
To: Cul-de-sac, a distance of: 0.05 miles.
Right-of-way record was filed on 6/14/2006 with the Office Of Clerk To Circuit Court in Pb. 144 Pg. 71,
with a width of 50 feet
. Overridge Drive, State Route Number: 1199
From: Cara Hill Ln., (Rt. 7037)
-~
To:
Cul-de-sac, a distance of: 0.09 miles.
Right-ot-way record was filed on 6/14/2006 with the Office Of Clerk To Circuit Court in Pb. 144 Pg. 71,
with a width of 50 feet
. Cara Hili Lane, State Route Number: 7037
From: Overridge Dr., (Rt. 1199)
To: Cara Hill Ct., (Rt. 7038), a distance ot: 0.07 miles.
Right-ot-way record was tiled on 6/14/2006 with the Office Of Clerk To Circuit Court in Pb. 144 Pg. 71,
06-753
08/23/06
with a width 01 50 leet
. Cara Hill Court, State Route Number: 7038
From: Cara Hill Ln., (Rt 7037)
To: Cul..de-sac, a distance 01: 0.04 miles.
Right-aI-way record was filed on 6/14/2006 with the Office 01 Clerk To CirGui1 Court in Pb. 144 Pg. 71,
with a width 01 50 feet
. Cara Hili Lane, State Route Number: 7037
From: Cara Hill Ct, (Rt 7038)
To: Temp Cul-de-sac, a distance 01: 0.17 miles.
Right-aI-way record was filed on 6/14/2006 with the Office 01 Clerk To Circuit Court in Pb. 144 Pg. 71.
with a width 01 50 feet
And, further, the Board adopted the following resolution:
WHEREAS, the streets describE:!d below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident En9ineer for
Department of Transportation has advised
streets meet the requirements est.ablished by
Street Requirements of the Virginia
Transport.ation.
the Virginia
this Board the
the Subdivision
DepartmEmt of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229 , ~~gd~__.of Virginia, and the
Department's Subdivision Street Req~i~~ment~.
.........'
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
this Board guarantees
as described, and any
drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Chanae to the Secondary System of State HIQhwavs:
.~.Mlli.on
Basis for Change:
Addition, Secondary System, New subdivision street
Statutory Reference:
~33.1.229
Project:
Amberleigh Commercial
.
Amberdale Drive, State Route Number: 5878
From:
Gregory's Pond Rd., (At 612)
<~.~
To:
0.25 mi. W 01 Gregory's Pond Ad., (Rt 612), a dis1ance oj: 0.25 miles.
Right-aI-way record was filed on 10/31/2002 with the Office 01 Clerk To Cifcuit Court in Db. 4755, Pg 177.
with a width of 60 leet
. Amberlelgh Boulevard, State Route Number: 587!l
From: Arnberdale Dr., (Rt 5878)
06-,'54
08/23/06
To:
0.01 mi. N of Amberdale Dr., (Rt. 5878), a distance of: 0.01 miles.
Right-of-way record was filed on 10/31/2002 with the Office Of Clerk To Circuit Court in Db. 4755, Pg 177,
with a width of 80 feet
. Amberleigh Boulevard, State Route Number: 5879
From: Amberdale Dr., (Rt. 5878)
,~
To:
0.04 mi. S of Amberdale Dr., (Rt. 5878), a distance of: 0.04 miles.
Right-of-way record was filed on 10/31/2002 with the Office Of Clerk To Circuit Court in Db. 4755, Pg 177,
with a width of 80 feet
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
this Board guarantees
as described, and any
drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Tvpe Chanae to the Secondarv Svstem of State Hiahwavs:
Addition
Basis for Change:
Addition, Secondary System, New subdivision street
Statutory Reference:
~33.1-229
Project:
Amberleigh, Section 1
.
Amberleigh Boulevard, State Route Number: 5879
From:
0.01 mi. N of Amberdale Dr., (Rt. 5878)
To:
Amberleigh Cr., (Rt. 7051), a distance of: 0.05 miles.
.-
Right-of-way record was filed on 1/28/2002 with the Office Of Clerk To Circuit Court in Pb. 123, Pg. 56,
with a width of 50 feet
. Amberleigh Circle, State Route Number: 7051
From: Amberleigh BI., (Rt. 5879)
To: Tem EOM, a distance of: 0.05 miles.
06-755
08/23/06
Aight-ot-way record was filed on 1/28/2002 with the Office Ot Clerk To Circuil Court in Pb. 123. Pg. 56.
with a width at 50 teet
. Amberleigh Circle, State Route Number: 7051
From: Amberleigh 81., (At. 5879)
To: Temp EOM, a distance at: 0.09 miles.
Aight-ot-way record was tiled on 1/28/2002 with the Office Ot Clerk To Circuit Court in Pb. 123, Pg. 56,
with a width at 50 teet
And, further, the Board adopted the
llowing resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Enqineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements est.ablished by the Subdivision
Street Requirements of the Vir('Jinia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that. this Board requests
the Virginia Department of Transportation t.o add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, ~~9de_ of Virgini~, and the
Department's Subdivision Street Re9~1~~~ent~.
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
this Board guarantees
as described, and any
drainage.
~>.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident. Engineer for the
Virginia Department of Transportation.
Type ChanQe to the Secondary System of State Hlqhwavs:
Addition
Basis for Change:
Addition, Secondary System, New subdivision street
Statutory Reference:
S33.1-229
Project:
Five Forks Village South, Section 3
.
Alcove Grove Way, State Route Number: 5965
From:
Cogbill Rd., (Rt. 638)
To:
Alcove Grove Ad., (Rt. 5966), a distance of: 0.03 miles
Aight-ot-way record was filed on 6/3/2004 with the Office Ot Clerk To Circuit Court in Pb 145, Pg 61,
with a width at 50 teet
.
Salix Grove Lane, State Route Number: 5967
From:
Willow Grove Ad., (At. 5969)
.-""
To:
Salix Grove Tr., (At. 5968), a distance at: 0.19 milHs.
Aight-ot-way record was filed on 6/3/2004 with the Office Ot Clerk To Circuit Court in Pb 145, Pg 61,
with a width of 50 teet
. Willow Grove Road, State Route Number: 5969
From: Cogbill Rd., (At. 638)
06-1'56
08/23/06
To:
Alcove Grove Rd., (Rt. 5966), a distance of: 0.04 miles.
Right-of-way record was filed on 6/3/2004 with the Office Of Clerk To Circuit Court in Pb 145, Pg 61,
with a width of 50 feet
. Alcove Grove Road, State Route Number: 5966
From: Willow Grove Rd., (Rt 5969)
-
To:
Alcove Grove Wy., (Rt. 5965), a distance of: 0.13 miles.
Right-of-way record was filed on 6/3/2004 with the Office Of Clerk To Circuit Court in Pb 145, Pg 61,
with a width of 50 feet
. Alcove Grove Road, State Route Number: 5966
From: Alcove Grove Wy., (Rt. 5965)
To: Cul-de-sac, a distance of: 0.09 miles.
Right-of-way record was filed on 6/3/2004 with the Office Of Clerk To Circuit Court in Pb 145, Pg 61,
with a width of 50 feet
. Willow Grove Road, State Route Number: 5969
From: Alcove Grove Rd., (Rt. 5966)
To: Salix Grove Ln., (Rt 5967), a distance of: 0.06 miles.
Right-of-way record was filed on 6/3/2004 with the Office Of Clerk To Circuit Court in Pb 145, Pg 61,
with a width of 50 feet
. Salix Grove Terrace, State Route Number: 5968
From: Salix Grove Ln., (Rt. 5967)
To: Cul-de-sac, a distance of: 0.02 miles.
Right-of-way record was filed on 6/3/2004 with the Office Of Clerk To Circuit Court in Pb 145, Pg 61,
with a width of 50 feet
. Salix Grove Terrace, State Route Number: 5968
From: Salix Grove Ln., (Rt 5967)
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 6/3/2004 with the Office Of Clerk To Circuit Court in Pb 145, Pg 61,
with a width of 50 feet
. Willow Grove Road, State Route Number: 5969
From: Salix Grove Ln., (Rt. 5967)
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 6/3/2004 with the Office Of Clerk To Circuit Court in Pb 145, Pg 61,
,,........
with a width of 50 feet
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident
Department of Transportation
streets meet the requirements
Engineer for the Virginia
has advised this Board the
established by the Subdivision
06-757
08/23/06
Street Requirements
Transportation.
of
the
Virginia
Department
of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described bE!Iow to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department' s Subdivision Street R~9.;':lJ_r,~ment~.
AND, BE IT FURTHER RESOLVED! tJ1a t.
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
this Board guarantees
as described, and any
drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type ChanCIe to the Secondary System of State HIClhwavs:
Additioll
Basis for Change:
Addition, Secondary System, New subdivision street
Statutory Reference:
S33.1-229
Project:
Armistead Village, Section A
.
Charter Club Drive, State Route Number: 7064
From:
005 mi. W of Charter Colony Py" (Rt. 950)
To:
Cohen TI., (Rt. 7065), a distance of: 0.03 mile,s.
Right-of-way record was filed on 7/21/2004 with the Office Of Clerk To Circuit Court in Pb. 146, Pg 3D,
with a width of 44 feet
. Cohen 'Trail, State Route Number: 7065
From: Charter Club Dr., (Rt. 7064)
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 7/21/2004 with the Office Of Clerk To Circuit Court in Pb. 146, Pg 30,
with a width of 44 feet
. Cohen Trail, State Route Number: 7065
From: Charter Club Dr., (Rt. 7064)
To: A~Jee Ln., (Rt. 7066), a distance of: 0.14 miles.
Right-of-way record was filed on 7/21/2004 with the Office Of Clerk To Circuit Court in Pb. 146, Pg 30,
with a width of 44 feet
. Agee Lane, State Route Number: 7066
From: Cohen TI., (Rt. 7065)
To: Temp EOM, a distance of: 0.07 miles.
Right-of-way record was filed on 7/21/2004 with the Office Of Clerk To Circuit Court in Pb. 146, Pg 30,
-'
with a width of 44 feet
. Agee Lane, State Route Number: 7066
From: Cohen TI., (Rt. 7065)
To: Temp EOM, a distance of: 0.04 miles.
06-.758
08/23/06
Right-of-way record was filed on 7/21/2004 with the Office Of Clerk To Circuit Court in Pb. 146, Pg 30,
with a width of 44 feet
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
-
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia'
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
this Board guarantees
as described, and any
drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Tvpe Chanae to the Secondary System of State Hiahwavs:
Addition
-
Basis for Change:
Addition, Secondary System, New subdivision street
Statutory Reference:
~33.1-229
Project:
Mallory Village, Section A
.
Agee Lane, State Route Number: 7066
From:
0.03 mi. SW of Cohen TI., (Rt. 7065)
To:
Rolling Spring Dr., (Rt. 7067), a distance of: 0.03 miles.
Right-of-way record was filed on 6/16/2004 with the Office Of Clerk To Circuit Court in Pb 144 Pg 82,
with a width of 44 feet
. Rolling Spring Drive, State Route Number: 7067
From: Agee Ln., (Rt. 7066)
To: Temp EOM, a distance of: 0.22 miles.
Right-of-way record was filed on 6/16/2004 with the Office Of Clerk To Circuit Court in Pb 144 Pg 82,
,~
with a width of 44 feet
. Agee Lane, State Route Number: 7066
From: Rolling Spring Dr., (Rt. 7067)
To: Lundy Tr., (Rt. 7068), a distance of: 0.06 miles.
Right-of-way record was filed on 6/16/2004 with the Office Of Clerk To Circuit Court in Pb 144 Pg 82,
with a width of 44 feet
06-759
08/23/06
. Lundy Terrace, State Route Number: 7068
From: Agee Ln., (Rt. 7066)
To: Cul-de-sac, a distance of: 0.10 miles.
Right-of-way record was filed on 6/16/2004 with the Office Of Clerk To Circuit Court in PI) 144 Pg 82,
with a width of 44 feet
. Lundy Terrace, State Route Number: 7068
From: Agee Ln., (Rt. 7066)
To: Cui. de-sac, a distance of: 0.31 miles.
Right-of-way record was filed on 6/16/2004 with the Office Of Clerk To Circuit Court in Pb 144 Pg 82,
with a width of 44 feet
And, further, the Board adopted the fo11owing resolution:
WHEREAS, the street
recorded in the Clerk's
Chesterfield County; and
described below
Office of the
is shown
Circuit
on plats
Court of
WHEREAS, the Resident Enqineer for
Department of Transportation has advised
street meets the requirements established by
Street Requirements of the Virqinia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described bE~low to the secondary syst.em of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Re.9:_~~E~ments.
~'"
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
this Board guarantees
as described, and any
drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type ChanQe to the Secondary System of State Hiahwavs:
[l.ddltiO'1
Basis for Change:
Addition, Secondary System, New subdivision street
Statutory Reference:
~33. 1-229
Project:
Oak Park, Section 3
.
Wooded Oak Place, State Route Number: 7055
From:
Live Oak Ln., (Rt. 5983)
To:
Cul-de-sac, a distance of: 0 11 miles.
.~j'"
Right-of-way record was filed on 6/25/2003 with the Office Of Clerk To CirCUit Court in Pb 134, Pg 48,
with a width of 40 feet
06--760
08/23/06
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
-
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
this Board guarantees
as described, and any
drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Tvoe Chanae to the Secondary System of State Hiahwavs:
Addition
Basis for Change:
Addition, Secondary System, New subdivision street
Statutory Reference:
~33.1-229
Project:
Rosemont, Section Ej remainder of
.
North Otterdale Road, State Route Number: 5920
From:
Latham BI., (Rt. 5099)
To:
Cul-de-sac, a distance of: 0.13 miles.
Right-of-way record was filed on 5/21/1996 with the Office Of Clerk To Circuit Court in Pb. 90, Pg. 69,
with a width ot 70 feet
. North Otterdale Road, State Route Number: 5920
From: Latham BI., (Rt. 5099)
To: Cul-de-sac, a distance of: 0.07 miles.
Right-ot-way record was tiled on 5/21/1996 with the Office Of Clerk To Circuit Court in Pb. 90, Pg. 69,
with a width of 70 feet
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
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8.D.S. SET PUBLIC HEARING DATES
8.D.S.a. TO CONSIDER EXECUTION OF AN AGREEMENT BETWEEN
THE COUNTY AND THE VIRGINIA DEPARTMENT OF
TRANSPORTATION PROVIDING FOR THE REMOVAL OF ILLEGAL
SIGNS WITHIN THE RIGHT OF WAY OF ROADS
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
set the date of September 27, 2006 at 7:00 p.m. for a public
06-761
08/23/06
hearing to consider execution of an agreement between the
county and the Virginia DepartmEmt of Transportation
providing for the removal of illegal signs within VDOT right
of way of roads.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
S.D.S.b. TO CONSIDER MODIFICATIONS TO THE JEFFERSON DAVIS
AND WALTHALL ENTERPRISE ZONE BOUNDARIES; THE
CREATION OF THREE NEW ENTERPRISE SUBZONES; AND
AMENDMENTS TO THE COUNTY CODE RELATING TO BENEFITS
FOR NEWLY CREATED SUBZONES, TAX REBATES IN THE
ENTERPRISE ZONES AND SUBZONES, AND ESTABLISHMENT OF
A REBATE FOR BUSINESS PERSONAL PROPERTY IN
ENTERPRISE ZONES
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
set the date of September 27, 2006 at 7:00 p.m. for a public
hearing to consider modifications to the Jefferson Davis
Enterprise Zone boundary and the Walthall Enterprise Zone
boundary; creating three new enterprise subzones; amending
County Code Sections 5-5, 6-5, 8--13 9--31, 9-64, 18-22 and
19-25 to include benefi ts for the newly created subzones;
amending Co~~nty Code Sections 6-5 and 9-64 related to tax
rebates in the enterprise zones and subzones; and adopting
new section 9-65 to establish a rebatE~ for business personal
property in enterprise subzones.
Ayes: King, Miller, Beirne J Humphrey Clnd tlllarren.
Nays: None.
,_,I'
S.D.S.c. TO CONSIDER AMENDMENTS TO THE COUNTY'S BUSINESS
LICENSE TAX ORDINANCE
On motion of Mr. King, seconded by l1rs. Humphrey, the Board
set the datE~ of September 27, 2006 at 7:00 p.m. for a public
hearing for the Board to consider amendments to Sections 6-
30, 6-32 and 6-35 of the County C~~).~~ relating to the county's
business license tax.
Ayes: King, Miller, Beirne, Humphrey cUld Warren.
Nays: None.
S.D.6. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO EXECUTE A
CONTRACT FOR DISASTER DEBRIS COLLECTION, PROCESSING
AND DISPOSAL SERVICES
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
authorized the County Administrator to execute contracts for
disaster debris collection, processing and disposal services
through Hanover County's Request for Proposal issued on
behalf of the counties of Hanover. Chesterfield, Henrico and
the Town of Ashland.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
06..762
08/23/06
8. D. 7 . APPROVAL OF AGREEMENT BETWEEN THE HENRICUS
FOUNDATION, HENRICO COUNTY AND CHESTERFIELD COUNTY
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved and authorized the County Administrator to sign an
agreement with the Henricus Foundation and Chesterfield
County, and created three new additional positions for
implementation of the agreement. (It is noted a copy of the
agreement is filed with the papers of this Board.)
-
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
8.D.8. REQUESTS FOR PERMISSION
8.D.8.a. FROM JAMES T. AND JANET M. YANDLE FOR A PROPOSED
FENCE TO ENCROACH WITHIN AN EXISTING TWENTY-FIVE
FOOT STORM WATER MANAGEMENT/BEST MANAGEMENT
PRACTICE EASEMENT ACROSS LOT 33, BERMUDA ORCHARD,
SECTION 2
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved a request from James T. Yandle and Janet M. Yandle
for permission for a proposed fence to encroach wi thin an
existing 25-foot storm water management/best management
practice easement across Lot 33, Bermuda Orchard, Section 2,
subj ect to the execution of a license agreement. (It is
noted a copy of the plat is filed with the papers of this
Board. )
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
8.D.S.b. FROM DAVID P. AND VICTORIA L. DWYER FOR A PROPOSED
FENCE TO ENCROACH WITHIN AN EXISTING SIXTEEN-FOOT
DRAINAGE EASEMENT ACROSS LOT 45, MALLORY VILLAGE,
SECTION A AT CHARTER COLONY
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved a request from David Patrick Dwyer and Victoria
Linda Dwyer for permission for a proposed fence to encroach
four feet into a 16-foot drainage easement across Lot 45,
Mallory Village, Section A at Charter Colony, subject to the
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
~
S.D.S.C. FROM ELIZABETH B. BROOKMAN TO INSTALL A PRIVATE
WATER SERVICE WITHIN A FIFTY-FOOT UNIMPROVED COUNTY
RIGHT OF WAY TO SERVE PROPERTY ON OAK LAWN STREET
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved a request from Elizabeth B. Brookman for permission
to install a private water service within a 50-foot
unimproved county right of way to serve property at 9130 Oak
Lawn Street, subject to the execution of a license agreement,
and authorized the County Administrator to execute the water
connection agreement. (It is noted a copy of the plat is
filed with the papers of this Board.)
06-763
OS/23/06
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
a . D. 9 . ACCEPTANCE OF PARCELS OF 1J\ND
8. D. 9 . a. ALONG THE WEST RIGHT OF l~AY LINE OF HUGUENOT
SPRINGS ROAD FROM THE TRUSTEES OF BETHEL BAPTIST
CHURCH
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 0.927
acres along the west right of way line of Huguenot Springs
Road (State Route 607) from the 'Trustees of Bethel Baptist
Church, and authorized the County Administrator to execute
the deed. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
a . D. 9 . b. ADJACENT TO THE SOUTHERN AREA CONVENIENCE CENTER
FROM LAVERNE C. COLE
On motion of Mr. King, seconded by J\1rs. Humphrey, the Board
accepted the conveyance of a parcel of land adjacent to the
Southern Area Convenience Center.' containing 3.5 acres, more
or less, from LaVerne C. Cole, and authori zed the County
Administrator to execute the deed. (It is noted a copy of
the plat is filed with the papers of s Board )
Ayes: King, Hiller, Beirne, Humphrey and Warren.
Nays: None.
-,,"
8.D.9.c. ALONG THE NORTH RIGHT OF WAY LINE OF OLD LANE FROM
FARRISH PROPERTIES, LLC
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 0.087
acres along the north right of way line of Old Lane (State
Route 2001) from Farrish Properties, LLC, and authorized the
County Administrator to execute thE? deed. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
a.D.9.d. ALONG MIDLOTHIAN TURNPIKE AND WATKINS CENTRE
PARKWAY FROM WATKINS LAND, LLC AND CHRISTOPHER O.
~TKINS, JANET H. NOYES AND ALIDA N. MARTIN
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
accepted the conveyance of parcels of land containing a total
of 0.750 acres from Watkins Land, LLC and Christopher O.
Watkins, Janet H. Noyes and Alida N. Martin, and authorized
the County Administrator to executE': the deed. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
06-764
08/23/06
a . D. 9 . e. ALONG THE NORTH RIGHT OF WAY LINE OF BELMONT ROAD
FROM BELLWOOD PROPERTIES, LLC
......
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 0.01
acres along the north right of way line of Belmont Road
(State Route 656) from Bellwood Properties, LLC, and
authorized the County Administrator to execute the deed. (It
is noted a copy of the plat is filed with the papers of this
Board. )
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
8.D.10. REQUEST TO VACATE AND REDEDICATE A SIXTEEN-FOOT
WATER EASEMENT ACROSS THE PROPERTY OF CARNS
PROPERTIES, LLC
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an agreement to vacate and
rededicate a 16-foot water easement across the property of
Carns Properties, LLC. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
a.D.ll. APPROVAL OF DONATION OF A PARCEL OF LAND FOR A
POSSIBLE LIBRARY SITE ON ROBIOUS ROAD
In response to Mr. Warren's question, Mr. Mabe stated all of
the library priorities are on schedule in accordance with the
Capital Improvement Program.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved the donation of a parcel of land containing 6.8
acres, more or less, from Tarrington Holdings, LLC, on
Robious Road, subject to the necessary approvals to use the
site for a library, and authorized the County Administrator
to execute the real estate contract and deed. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
a . D .12 . REQUEST TO QUITCLAIM A STORM WATER MANAGEMENT
SYSTEM/BEST MANAGEMENT PRACTICE EASEMENT ACROSS THE
PROPERTY OF TRIVON, INCORPORATED
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
storm water management system/best management practice
easement across the property of Trivon, Incorporated. (It is
noted a copy of the plat is filed wi th the papers of this
Board. )
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
06-765
08/23/06
8.D.13. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.D.13.a. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE
EPPINGTON FOUNDATION TO COVER COSTS ASSOCIATED
WITH THE COLONIAL HERITAGE FAIR
- -
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
transferred $1,500 from the Matoaca District Improvement Fund
to the Eppington Foundation to cover the costs associated
with the Eppington Foundation Colonial Heritage Fair.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
8.D.13.b. FROM THE BERMUDA AND DALE DISTRICT IMPROVEMENT
FUNDS TO THE SCHOOL BOARD TO PURCHASE PLATFORM
RISERS FOR THE CHORAL DEPARTMENT AT LLOYD C. BIRD
HIGH SCHOOL
On motion o:E Mr. King, seconded by Mrs. Humphrey, the Board
transferred $1,800 each from the Bermuda and Dale District
Improvement Funds (total of $3,6(0) to the School Board to
purchase platform risers for the choral department at Lloyd
C. Bird High School.
Ayes: King, Miller, Beirne, Humphn:'y cmd Warren.
Nays: None.
8.D.13.c. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND
---"'
8.D.13.c.l. TO THE PARKS AND RECREATION DEPARTMENT TO
INSTALL FENCING AT THE EXISTING SOCCER FIELDS AT
GREENFIELD ELEMENTARY SCHOOL
On motion of Mr. King, seconded by 1'1r8. Humphrey,
transferred $3,000 from the Midlothian District
Fund to the Parks and Recreation Department
fencing at the existing soccer fields at.
Elementary School.
the Board
Improvement
to install
Greenfield
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
8.D.13.c.2. TO THE POLICE AND PARKS AND RECREATION
DEPARTMENTS AND TO THE SCHOOL BOARD TO DEFRAY
THE COSTS OF THE MIDLOTHIAN VILLAGE DAY FESTIVAL
On motion of Mr. King, seconded by Hr's. Humphrey, the Board
transferred $2,600 from the Midlot.hian District Improvement
Fund to the Police and Parks and Recreation Departments and
to the School Board ($300 to Police; $1,875 to Parks and
Recreation; and $425 to the School Board) to rent space and
equipment and to provide services for the Midlothian Village
Day Festival.
Ayes: King, Miller, Beirne, Humphrey and Warren,
Nays: None.
06-,766
08/23/06
8.D.13.d. FROM THE DALE, MATOACA, CLOVER HILL, MIDLOTHIAN
AND BERMUDA DISTRICT IMPROVEMENT FUNDS
8.D.13.d.l. TO THE CHESTERFIELD COUNTY POLICE DEPARTMENT TO
SUPPORT THE TRIAD PROGRAM
-
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
transferred $400 each from the Bermuda, Clover Hill, Dale,
Matoaca and Midlothian District Improvement Funds (total of
$2,000) to the Police Department to support the TRIAD
Program.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
8.D.13.d.2. TO THE HENRICUS FOUNDATION TO OFFSET THE COST OF
PROVIDING A SHUTTLE SERVICE FOR HENRICUS PUBLICK
DAYS
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
donated $1,500 each from the Bermuda, Clover Hill, Dale,
Matoaca and Midlothian District Improvement Funds (total of
$7,500) to the Henricus Foundation to offset the cost of
providing a shuttle service for Henricus publick Days.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
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8.D.13.e. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE
PARKS AND RECREATION DEPARTMENT TO CONSTRUCT A
PRESS BOX AT POINT OF ROCKS PARK
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
transferred $7,500 from the Bermuda District Improvement Fund
to the Parks and Recreation Department for the department to
construct a press box at Points of Rocks Park.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
8.D.14. CONVEYANCE OF EASEMENT TO VIRGINIA ELECTRIC AND
POWER COMPANY FOR UNDERGROUND CABLE ACROSS THE
MANCHESTER HIGH SCHOOL AND BAILEY BRIDGE MIDDLE
SCHOOL PROPERTY TO PROVIDE SERVICE TO THE NEW BAILEY
BRIDGE PUMP STATION
.~
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement wi th
Virginia Electric Power and Company for underground cable
across the Manchester High School and Bailey Bridge Middle
School property to provide service to the new Bailey Bridge
pump station. (It is noted a copy of the plat is filed with
the papers of this Board.)
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
06-767
08/23/06
"""....
8.D.15. DESIGNATION OF RIGHT OF WAY AND VIRGINIA DEPARTMENT
OF TRANSPORTATION SIGHT DISTANCE EASEMENT ALONG
RIVER ROAD
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
designated right of way and Virginia Department of
Transportation sight distance easement along River Road, and
authorized the County Administrator to execute the
Declaration. (It is noted a copy of the plat is filed with
the papers of this Board.)
-
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
8.D.16. REQUEST FOR A MUSIC/ENTERTAINMENT FESTIVAL PERMIT
FOR CHESTERFIELD BERRY FARM ON SATURDAYS AND SUNDAYS
BETWEEN SEPTEMBER 23 AND OCTOBER 29, 2006
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved a request for a music/entertainment festival permit
for Chesterfield Berry Farm for Saturdays and Sundays between
September 23 and October 29, 2006.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
9 . REPORTS
9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND ~
LEASE PURCHASES
9.B. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
accepted a Report on the Status of General Fund Balance,
Reserve for Future Capital Projects, District Improvement
Funds and Lease Purchases; and a Report on Developer Water
and Sewer Contracts.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Richard Levy encouraged the Board to adopt a policy that
provides for supervisory approval and careful weighing of the
costs and benefits of high-speed police chases.
Mr. William Shewmake had requested to address the Board at
this time, but was not present to do so.
-
Mr. George Beadles expressed concerns relative to the
condition of various county-owned properties and the need for
additional signage at several of the facilities.
Mrs. Humphrey stated she anticipates the county sprucing up
its facilities prior to the 2007 Celebration. She requested
a meeting with Ms. Dickson and Historical Society
06-768
08/23/06
representatives to discuss plans for Castlewood and the types
of historical county records that are offered on-line.
Mr. Ramsey stated money has been appropriated to address some
of the issues raised by Mr. Beadles. He noted that paint
will not stay on the walls of Castlewood, and professionals
are currently analyzing this issue.
-
11. DINNER
On motion of Mr. Miller, seconded by Mr. Warren, the Board
recessed to the Administration Building, Room 502 for dinner.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
Reconvening:
12. INVOCATION
Reverend Tim Amador, Pastor of God's Storehouse Baptist
Church gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
......
Eagle Scout John Lewis Clifford led the Pledge of Allegiance
to the flag of the United States of America.
14. RESOLUTIONS
14.A. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
14.A.l. MR. JOHN LEWIS CLIFFORD, CLOVER HILL DISTRICT
14.A.2. MR. JAVAN MICHAEL SHEARN, CLOVER HILL DISTRICT
14.A.3. MR. JONATHAN E. KIRKLAND, CLOVER HILL DISTRICT
14.A.4. MR. DANIEL R. ADAMS, CLOVER HILL DISTRICT
14.A.5. MR. ERICH MILES PICKELHAUPT, MIDLOTHIAN DISTRICT
14.A.6. MR. MICHAEL DAVID HESTER, JR., MIDLOTHIAN DISTRICT
14.A.7. MR. IAN TAYLOR JOHNSON, CLOVER HILL DISTRICT
~
14.A.8. MR. MATTHEW DAVID RILEY, CLOVER HILL DISTRICT
Mr. Kappel
Pickelhaupt,
Johnson and
resolutions.
introduced Mr. John Clifford, Mr. Erich
Mr. Jonathan Kirkland, Mr. Daniel Adams, Mr. Ian
Mr. Matthew Riley, who were present to receive
06-769
08/23/06
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and Vias chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, aftE~r earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor li fe, serving in a leadership posi tion in a troop,
carrying out a service project bem~ficial to their community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law
Mr. John L. Clifford, Troop 879, sponsored by Saint
Mark's United Methodist Church; Mr. Javan Michael Shearn,
Troop 829, sponsored by Saint Matthias' Episcopal Church; Mr.
Erich Miles Pickelhaupt, Troop 876, sponsored by Mount Pisgah
United Methodist Church; Mr. Michael David Hester, Jr., Troop
842, sponsored by Swift Creek Baptist Church; Mr. Jonathan E.
Kirkland and Mr. Daniel R. Adams, both of Troop 890,
sponsored by The Brandermill Church; and Mr. Ian Taylor
Johnson and Mr. Matthew David Riley, both of Troop 800,
sponsored by Bethel Baptist Church, have accomplished those
high standards of commitment and have reached the long-sought
goal of Eagle Scout which is received by only four percent of
those individuals entering the Scouting movement; and
WHEREAS, growing through their experiences in Scouting,
learning the lessons of responsible ci tizenship, and
endeavoring to prepare themselves for roles as leaders in
society, J.L., J.Michael, Erich, Michael, Jonathan, Daniel,
Ian, and Matthew have distinguishE!d themselves as members of
a new generation of prepared young ci tizens of whom we can
all be very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 2yd day of August 2006,
hereby extends its congratulations to Mr. John L. Clifford,
Mr. Javan Michael Shearn, Mr. Erich Miles Pickelhaupt, Mr.
Michael David Hester, LTr., Mr. Jonathan E. Kirkland, Mr.
Daniel R. Adams, Mr. Ian Taylor Johnson, and Mr. Matthew
David Riley, and acknowledges the good fortune of the county
to have such outstanding young men as its citizens.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
Mr. Warren and Ms. Beirne present(:;d the executed resolutions
and patches to Mr. Clifford, Mr. Pickelhaupt, Mr. Hester, Mr.
Kirkland, Mr. Adams, Mr. Johnson and Mr. Riley, accompanied
by members of their families, congratulated them on their
outstanding achievement, and wished them well in their future
endeavors.
-
Each of the scouts provided details of their Eagle Scout
projects.
(It is noted Mr. Hester and Mr. Shearn were unable to attend
the meeting and their resolutions will be forwarded to them.)
06-770
08/23/06
15. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTION 17
_.
05SN0285
In Bermuda Magisterial District, LIBERTY PROPERTY DEVELOPMENT
CORP. requests amendment to Conditional Use Planned
Development (Case 95SN0109) and amendment of zoning district
map to permit exceptions to Ordinance requirements. The
density of such amendment will be controlled by zoning
condi tions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for light industrial
use. This request lies in a Light Industrial (1-1) District
on 15.2 acres fronting approximately 720 feet on the west
line of Meadowville Road, also fronting approximately 1,330
feet on the north line of Kingston Avenue at its intersection
with Rivers Bend Boulevard. Tax ID 818-655-2192.
Mr. Turner stated the applicant has withdrawn Case 05SN0285
from consideration.
Mr. John Cogbill, representing the applicant, requested that
the Board allow the applicant to withdraw Case 05SN0285.
-
On motion of Mr. King, seconded by Mr. Miller, the Board
acknowledged withdrawal of Case 05SN0285.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
06SN0155 (Amended)
-
In Midlothian Magisterial District, CONTINENTAL 184 FUND LLC
requests rezoning and amendment of zoning district map from
Community Business (C-3), Residential (R-7) and Agricultural
(A) to Regional Business (C-4) with Conditional Use to permit
mul tifamily residential uses and a Conditional Use Planned
Development to permit exceptions to Ordinance requirements.
The densi ty of such amendment will be controlled by zoning
condi tions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for regional mixed use
and medium density residential use of 1.51 to 4.0 units per
acre. This request lies on 70.1 acres fronting approximately
400 feet on the south line of Robious Road approximately
1,780 feet on the north line of Koger Center Boulevard and
approximately 800 feet on the west line of Old Farm Road.
Tax IDs 742-711-0925 and Part of 6653; 742-712-4671, 9467 and
9735; 742-713-8076 and 9753; 743-711-Part of 7937; 743-712-
1198; and 743-713-0527.
Mr. Turner stated the applicant is requesting a deferral of
Case 06SN0155 until September 27, 2006.
Mr. John Easter, representing the applicant, requested a
deferral of Case 06SN0155 until September 27, 2006.
06-771
08/23/06
Mr. King called for public comment.
No one came forward to speak to the deferral.
On motion of Ms. Beirne, seconded by Mrs. Humphrey, the Board
deferred Case 06SN0155 until SepteDmer 27, 2006.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
06SN0234
In Matoaca Magisterial District, ROBERT SOWERS requests
rezoning and amendment of zoninq district map from
Agricultural (A) to Residential (R-12) with Conditional Use
Planned Development to permi t exceptions to Ordinance
requirements. Residential use of up to 3.63 uni ts per acre
is permi tted in a Residential (R-12) District. The
Comprehensive Plan suggests the property is appropriate for
single family residential use of 2.2 units per acre or less.
This request lies on 220.2 acres frontinq the north and south
lines of Quailwood Road approximately 1,500 feet west of
Bailey Bridge Road, also lying at the northern terminus of
Holly View Parkway. Tax IDs 732-672-9726 and 733--673-8753.
Mr. Turner stated the applicant has requested a deferral of
Case 06SN0234 until October 25, 2006.
Mr. Jim Theobald.. representing the applicant, requested a
deferral of Case 06SN0234 until October 25, 2006.
Mr. King called for public comment.
No one came forward to speak to the deferral.
On motion of Mrs. Humphrey,
deferred Case 06SN0234 until
seconded by Mr. Kinq!
October 25. 2006.
the Board
Ayes: King, Miller, Beirne, Humphn?y and Warren.
Nays: None.
06SN0200 (Amended)
In Bermuda Magisterial District, PHILLIP W. HUGHES requests
rezoning and amendment of zonin9 district map from
Residential (R-7) to Corporate Office (0-2). The density of
such amendment wi 11 be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for office/residential mixed use
uses. This request lies on 1.4 acres fronting approximately
200 feet on the north line of West Hundred Road, also
fronting approximately 200 feet on the west line of Osborne
Road and 10catE?d in the northwest quadrant of the
intersection of these roads. Tax IDs 793-656-4144 f 4148,
4425 and 5233.
--
Mr. Turner stated Mr. King has requested a deferral of Case
06SN0200 until October 25, 2006.
06-772
08/23/06
Mr. Dean Hawkins, representing the applicant, stated the 60-
day deferral is acceptable.
Mr. King called for public comment.
Ms. Paige Martin, representing the Chester Communi ty
Association, stated she appreciates the deferral and looks
forward to working with Mr. Hawkins on the rezoning request.
-
There being no one else to speak to the deferral, the public
hearing was closed.
On motion of Mr. King, seconded by Mr. Miller, the Board
deferred Case 06SN0200 until October 25, 2006.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
06SN0249
;~
In Midlothian Magisterial District, E. CORY DEAN requests
Conditional Use and amendment of zoning district map to
permit a private school and child care center 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 village shopping district use. This request
lies on 10.2 acres fronting approximately 630 feet on the
south line of Midlothian Turnpike, also fronting
approximately 690 feet on the west line of Coalfield Road and
located in the southwest quadrant of the intersection of
these roads. Tax IDs 728-707-3861 and 6588.
Mr. Turner presented a summary of Case 06SN0249 and stated
the Planning Commission and staff recommended approval
subject to conditions and acceptance of the proffered
conditions.
Mr. E. Cory Dean stated the recommendation is acceptable.
Mr. King called for public comment.
Ms. Amy Satterfield, Executive Director of the Village of
Midlothian Volunteer Coalition, stated she supports the
request. She expressed concerns relative to issues that
Winfree Memorial Baptist Church and properties along
Coalfield Road will be faced with as other zoning requests
arise. She stated Coalfield Road has been designated as a
major arterial for many years, and she thinks the nature of
Coalfield Road in the Village of Midlothian should be
revisited.
-~
In response to Mr. Miller's question, Mr. Turner stated the
private school use is not limited to the church. He further
stated the Midlothian Area Community Plan would support a
private school use in this location independent of a church.
In response to Mrs. Humphrey's question, Mr. McCracken stated
staff has no transportation concerns regarding the proposed
use. He further stated the limitation on hours of operation
would restrict traffic during peak hours.
06-773
08/23/06
There being no one else to. speak to the request J the public
hearing was closed.
On motion of Mr. Beirne, secondE~d by Mr. King, the Board
approved Case 06S1r0249, subject to the following conditions:
1. Except wher'2 the requirements of the underlying
Residential (R-7) zoning are more restrictive, any new
development for school or child care use shall conform
to the requirements of the Zoning Ordinance for
commercial uses in the Midlothian Village Core. (P)
2. With the exception of playground areas which accommodate
swings, jungle gYffis or similar such facili ties J outdoor
play fields, courts, swimmin9 pools and simi lar active
recreational facilities shall be located a minimum of
100 feet from any proposed or existing single family
residential lot line and a minimum of fifty (50) 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 and fifty (50) foot setbacks, a fifty
(50) foot buffer shall be provided along the perimeter
of all active recreational facilities except where
adjacent to any existing or proposed public roads.
These buffers shall conform to the requirements of the
Zoning Ordinance for fifty (50) foot buffers. These
buffers and setbacks may be modified by the Planning
Commission at the timE~ of plan review. (P)
3 .
Any playground area (i. e., areas accommodating swings,
jungle gYffiS 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 facili ties except where
adjacent to any existing or proposed public roads.
These buffers shall conform to the requirements of the
Zoning Ordinance for fifty (50) foot buffers. These
setbacks and buffers may be modified by the Planning
Commission at the time of plan review. (P)
-,'
And, further, the Board accepted the following proffered
conditions:
1. Prior to any site plan approval, forty-five (45) feet of
right-of-way along the west side Coalfield Road,
measured from the centerline of the roadway immediately
adjacent to the property, shall be dedicated free and
unrestricted to and for the benefit of Chesterfield
County. (T)
2 .
Direct vehicular access from thE~ property to Coalfield
Road shall be limited to one (1) entrance/exit located
towards the southern property line. The exact location
of this entrance/exi t sha.ll be approved by the
Transportation Department. Direct vehicular access from
the property to Midlothian Turnpike (Route 60) shall be
limited to the existing entrance/exit that generally
aligns Sycamore Square Drive, (T)
~
06-774
08/23/06
3. The developer shall be responsible for:
a.
Construction of sidewalk along Route
Coalfield Road for the entire property
and
60 and
frontage,
b. Dedication of any additional right-of-way (or
easements) required for these improvements. (T)
-
4.
Prior to any site plan approval, a phasing plan for the
improvements identi fied in Proffered Condi tion 3 shall
be submitted to and approved by the Transportation
Department. (T)
5. Any school use on the property shall not be open to the
public before 9:00 AM and after 4:00 PM (P)
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
06SN0293
-.
In Bermuda Magisterial District, THE BOARD OF SUPERVISORS-
CHESTERFIELD COUNTY requests Conditional Use and amendment of
zoning district map to permit an above-ground utility
structure. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
light industrial use. This request lies in Manufactured Home
Subdivision (MH-2) and Heavy Industrial (1-3) Districts on
3.0 acres fronting approximately 100 feet on the east line of
Lansmill Drive south of Pine Forest Drive, also fronting
approximately 690 feet along both sides of Arrowfield Road
approximately 4,110 feet east of Jefferson Davis Highway.
Tax IDs 802-630-Part of 5160 and Part of 8859; 803-629-3232
and Part of 3705; and 803-630-Part of 9122.
Mr. Turner presented a summary of Case 06SN0293 and stated
the Planning Commission and staff recommended approval
subject to one condition.
Mr. John Harmon, representing the applicant, stated the
recommendation is acceptable.
Mr. King called for public comment.
No one came forward to speak to the request.
-
Mr. King stated a concern has been raised from the agent for
the property owner regarding acquisition of the property for
the proposed facility. He further stated he would meet with
the agent prior to condemnation, should it become necessary.
On motion of Mr. King, seconded by Mr. Miller, the Board
approved Case 06SN0293, subject to the following condition:
Any building or mechanical equipment shall
Sections 19-570 (b) and (c) and 19-595 of
Ordinance relative to architectural treatment
exteriors and screening of mechanical equipment.
comply with
the Zoning
of building
(P)
06-775
08/23/06
(NOTE: This condition would :require the screening of
mechanical equipment, located on, or associated with, any
building from adjacent properties and public rights of way.)
Ayes: King, Miller, Beirne, Humphrey and \lI1arren.
Nays: None.
06SN0299
In Clover Hill Magisterial District, GENITO PROPERTIES LLC
requests rezoning and amendment of zoning district map from
Agricultural (A) to Light Industrial (1--1) with Conditional
Use to permi t commercial uses and outside storage. The
density of such amendment will be controlled by zoning
condi tions or Ordinance standards. The Comprehensive plan
suggests the property is appropriate for light industrial
use. This request. lies on 13.2 acres fronting approximately
980 feet on the south line of Genito Road across from South
Ridge Drive. Tax IDs 737-687-481], 6711. 7908 and 9207; and
738-687-2306.
Mr. Turner presented a summary of Case 06SN0299 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Andy Scherzer, representing the applicant, stated the
recommendation is acceptable.
Mr. King called for public comment.
No one came forward to speak to the request.
On motion of Mr. Warren, seconded
Board approved Case 06SN0299 and
proffered conditions:
by Mr. Mr. Miller, the
accepted the following
1. Public water and wastewater shall be used. (U)
2. Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices installed. (EE)
3 .
Direct vehicular access from the property to Genito Road
shall be limited to two (2) entrances/exits. The
westernmost access shall align with the existing
crossover on Genito Road that serves South Ridge Drive.
The second access shall be generally located midway
between South Ridge Drive and Shiloh Church Road. The
exact location of these accesses shall be approved by
the Transportation Department. Prior to final site plan
approval, an access easement, acceptable to the
Transportation Department shall be recorded from Genito
Road at the westernmost access to serve the parcels
identified as Tax ID 737-687-3752. (T)
-"
4. In conjunction with recordation of the initial
subdivision plat or within sixty (60) days of a written
request by the Transportation Department, whichever
occurs first, forty-five (45) feet of right-of-way,
06-776
08/23/06
measured from the centerline of Geni to Road, for the
entire property frontage shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
5. To provide an adequate roadway system the owner/
developer shall be responsible for the following:
A.
Construction of additional pavement along Geni to
Road at the approved accesses to provide right turn
lanes based on Transportation Department standards;
.-
B. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. In the event the developer is unable to
acquire any "off-site" right of way that is
necessary for the improvements described in
Proffered Condition 5, the developer may request,
in writing, that the County acquire such right-of-
way as a public road improvement. All costs
associated with the acquisition of the right-of-way
shall be borne by the developer. In the event the
County chooses not to assist the developer in
acquisition of the "off-siteH right-of-way, the
developer shall be relieved of the obligation to
acquire the "off-site" right-of-way and shall
provide the road improvements within available
right-of-way as determined by the Transportation
Department. (T)
,,~
6. Prior to any site plan approval, a phasing plan for the
required road improvements, as identified in Proffered
Condition 5, shall be submitted to and approved by the
Transportation Department. (T)
7. Freestanding business signs shall be of a monument
style. No exterior illuminated signs shall be permitted
with the exception of one (1) project sign. (P)
8. No building shall exceed 30,000 gross square feet in
area. ( P)
9. Architectural Treatment
A.
The building exterior (all sides) of any building
wi thin 200 feet of the ultimate right of way of
Genito Road shall be constructed of a brick,
decorative masonry, or stone finish. This shall
not preclude decorative accents or trims of
alternate materials (i. e. EIFS, precast concrete,
etc.) subj ect to the review and approval of the
Planning Department at the time of site plan
approval.
-
B. The building exterior (all sides) of any building
located further than 200 feet of the ultimate right
of way of Genito Road shall be constructed with a
Concrete Masonry Unit (CMU), brick or metal with an
Exterior Insulation Finishing System (EIFS) finish
for a height of eight (8) feet measured from ground
elevation (excluding openings for doors, windows or
similar features).
06-777
08/23/06
C. Any bui lding exterior which faces an unscreened
outside storage or loading area on an adjacent
property, which faces an on-site outside storage
area serving the subject building that is screened
in accordance with Proffered Condition 10, or any
building exterior that is deemed to be adequately
screened due to, but not limi ted to, topography,
vegetation or similar features shall not be
required to be constructed of the above materials
provided the architectural treatment of the side
otherwise complies with the Zoning Ordinance. (P)
(Note: This requirement :Ls in addition to the
architectural requirements of the zoning Ordinance.)
10. Permitted uses shall be limited to the following:
A. Outside Storage, provided that:
l. Outside storage areas shall not be located
within 300 feet of the ultimate right of way
of Genito Road.
ii. Outside storage an~as shall be screened from
any internal private roads. Screening shall be
accomplished by the use of durable opaque
fences and gates constructed of masonry
pillars with solid sections made of comparable
materials to the principal building and using
a design compatible to the principal building.
(P)
(Note: This requirement is in addition to the screening
requirements of the Zoning Ordinance.)
B. Except for the following uses which shall not be
permitted, uses permitted by right or with
restrictions in the Light Industrial (1-1)
District:
l.
Converting paper to paperboard
paperboard containers and boxes.
products,
ii. Moving companies, to include, but not limited
to, households and businesses.
iii. Paper recycling by the compaction method.
iv. Recycling and processing of any material
permitted to be manufactured in this district.
v.
Wholesale greenhouses, hot
nurseries provided that nothing
materials is stored outside of
enclosed building.
houses and
except plant
a completely
C. CarpentE~r and cabinet makers' offices and display
rooms.
D. Contractors' offices and display rooms.
E. Electrical. Plumbing or heating supply sales,
service and related display rooms.
06-778
08/23/06
F. Repair services, excluding motor vehicle repair.
( P)
11. Freestanding light fixtures shall not exceed a height of
twenty (20) feet measured from the top of curb. (P)
,.-.,
12. The developer shall be responsible for notifying the
last known representative of plum Creek Subdivision of
the submission of any site plan within the development.
Such notification shall occur at least twenty-one (21)
days prior to the approval of such plans. The developer
shall provide the Planning Department with a copy of the
notice. (P)
13. Within the fifty (50) foot setback along Genito Road, in
addition to the required perimeter Landscaping C as
defined in the Zoning Ordinance, a row of evergreen
shrubs shall be installed at a minimum height of two (2)
feet to create a continuous hedgerow at maturity. The
exact location and materials shall be subject to review
and approval by the Planning Department at time of site
plan review. (P)
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
06SN0304
-
In Bermuda Magisterial District, DB&F ENTERPRISES, LLC
requests rezoning and amendment of zoning district map from
Regional Business (C-4) to General Business (C-5). The
density of such amendment will be controlled by zoning
condi tions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for general commercial
use. This request lies on 1.6 acres fronting approximately
330 feet on the west line of Burge Avenue approximately 220
feet north of Willis Road. Tax ID 795-67l-Part of 5688.
Mr. Turner presented a summary of Case 06SN0304 and stated
the Planning Commission and staff recommended approval.
Mr. Robert Fitzgerald, representing the applicant, stated the
recommendation is acceptable.
Mr. King called for public comment.
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved Case 06SN0304.
,~
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
06SN0306
In Matoaca Magisterial District, 360 CAPITAL PARTNERSHIP, LLC
requests rezoning and amendment of zoning district map from
Agricultural (A) to Regional Business (C-4). The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for office use. This request lies on
06-779
08/23/06
0.9 acre fronting approximately 190 feet on the south line of
Hull Street Road approximately 680 feet west of Bridgewood
Road. Tax ID 738-680-1594.
Mr. Turner presented a summary of Case 06SN0306 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Jim Theobald, representing the applicant, stated the
recommendation is acceptable.
Mr. King called for public comment.
No one came forward to speak to the request.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved Case 06SN0306 and accepted the following proffered
conditions:
The property owner/applicant in this rezoning case, pursuant
to Section 15.2-2298 of the Code of Virginia (1950 as
amended) and the Zoning Ordinance of Chesterfield County, for
itself and its successors or assigns, proffer that the
property under consideration will be developed according to
the following proffers if, and on=Cy if, the rezoning request
submitted herewith is granted with only those conditions
agreed to by the owner/applicant. In the event this request
is denied or approved with conditions not agreed to by the
owner/applicant, the proffers shall immediately be null and
void and of no further force or effect.
1.
Utilities. Public wastewater shall be used.
(U)
2. Transportation. Direct vehicular access from the
Property to Hull Street Road (Route 360) shall be
limited to one (1) Entrance/Exit. In conjunction with
initial development on the Property, an additional lane
of pavement shall be constructed along the eastbound
lanes of Hull Street Road for the entire Property
frontage. Prior to the iSEuance of a certificate of
occupancy for any development anticipated to generate
more than 3,000 vehicles per day at the Entrance/Exit,
as determined by the Transportation Department, a
separate right turn lane shall be constructed along the
eastbound lanes of Route 360 at the Entrance/Exit. (T)
3. Light Poles. Light poles shall have a maximum height of
twenty (20) feet within the required building setback
along Route 360 and shall not exceed a height of twenty-
five (25) feet on the remainder of the Property. (P)
4.
Notification of Site Plan. The developer shall be
responsible for notifying the last known representative
of Glen Tara Subdivision, Brandermill Community
Association and the 360 West Corridor Commi ttee of the
submission of any site plan submission. Such
notification shall occur at least twenty-one (21) days
prior to the approval of such plans. The developer
shall provide the Planning Department with a copy of the
notice. (P)
-'
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
06-780
08/23/06
06SN0308
-
In Dale Magisterial District, LUCAS PROPERTIES, LLC requests
Conditional Use and amendment of zoning district map to
permit a computer-controlled, variable message electronic
sign. The density of such amendment will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for general
industrial use. This request lies in a General Business (C-5)
District on 25.2 acres fronting approximately 400 feet on the
west line of Iron Bridge Road across from Ironbridge Parkway.
Tax ID 773-655-4643.
Mr. Turner presented a summary of Case 06SN0308 and stated
the Planning Commission and staff recommended approval
subject to one condition.
Mr. Danny Barrett, representing the applicant, stated the
recommendation is acceptable.
Discussion ensued regarding the size and location of the
proposed sign.
Mr. King called for public comment.
No one came forward to speak to the request.
On motion of Mr. Miller, seconded by Mr. King, the Board
approved Case 06SN0308, subject to the following condition:
-
In addition to Ordinance
controlled, variable message,
to the following standards:
requirements, any computer-
electronic sign shall conform
a. Copy shall be limited to a maximum of two (2) lines
which shall not move, but may fade;
b. The copy di splay color shall ei ther be whi te or
yellow;
c.
The message
sequenced to
(10) seconds;
or display shall be
change no more than
programmed
once every
or
ten
d.
Flashing and
prohibited; and
traveling
messages
shall
be
e.
Bijou lighting effects shall be prohibited.
(P)
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
.-
06SN0312
In Matoaca Magisterial District, MARCY THOMAS AND SAMUEL
BENJAMIN THOMAS request Conditional Use and amendment of
zoning district map to permit a dwelling unit separated from
the principal dwelling plus Conditional Use Planned
Development to permi t exceptions to Ordinance requirements.
The density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
06-781
08/23/06
suggests the property is appropriate for rural conservation
use. This request lies in an Agr-icul tural (A) District on
93.2 acres fronting approximately sixty (60) feet on the
south line of Woodpecker Road approximately 1.5 miles west of
Nash Road. Tax IDs 747-643-Part of 4639; 750-643-Part of
7120; 750-644-Part of 3565; 752-640-0296; and 752-664-Part of
9691.
Mrs. DarIa Orr presented a summary of Case 06SN0312 and
stated staff recommended denial because the proposal fails to
limit occupancy of the second dwelling unit. She further
stated the Planning Commission recommended approval and
acceptance of the proffered conditions I indicat.ing that the
occupancy limitation was not a concern and adequate access
was being provided by the applicant.
Mr. Roger Habeck, representing the applicant, stated the
Planning Commission's recommendation is acceptable.
Discussion ensued relative to access to the subject property.
In response to Mr. Miller's question, Mr.
applicant has agreed, as a proffered
subdivide the property.
Habeck stated the
condition, not to
Mr. King called for public comment.
No one came forward to speak to the request.
Mrs. Humphrey thanked Mr. and Mrs. Thomas for their generous
donation of property to Pocahontas State Park.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved Case 06SN0312 and accepted the following proffered
conditions:
-"
1.
Prior to
applicant
copy of a
following:
the issuance of a building permit, the
shall provide to the planning department a
recorded ins trumeD t whi ch wi 11 inc 1 ude the
a. A fifteen (15) foot wide private access easement
from Woodpecker Road to the subject parcel. The
instrument shall require that no structure or fence
shall be constructed to block the easement and
shall require the land owner of the subject parcel
to be responsible for maintenance of the access in
accordance with the standards set forth below, or
b. If the access involves the use of a dedicated and
unimproved County right of way, the applicant shall
provide a copy of the approved license agreement
with the County. (P)
2. Within the fifteen (15) foot wide private access
easement or right of way, a twelve (12) foot wide
roadway shall be constructed and maintained. Prior to
issuing a Certificate of Occupancy the Planning
Department and if required, the Fire Department, shall
inspect this roadway to determine its compliance with
the following standards.
a)
The roadway shall consist
following: compacted soil
of no
subbase
less that
with six
the
( 6)
06-782
08/23/06
inches of compacted 21-B crushed stone. If an
asphalt based surface is to be applied, it shall be
designed and constructed to Chesterfield County
subdivision street requirements or an equivalent
design approved by the subdivision team, capable of
supporting the projected 75,000 pound vehicle
weight. The roadway shall not be approved if it is
rutted or potholed and shall be maintained to this
standard.
.-
b) There shall be an additional three (3) foot clear
area beyond the edge of the roadway.
c) There shall be a minimum vertical clearance of
fourteen (14) feet of area above the roadway.
d)
The roadway shall
percent with an
street connection,
Fire Department.
have a maximum grade of ten (10)
appropriate transition at the
unless otherwise approved by the
e) The minimum inside turning radius for any curve
shall be twenty-seven (27) feet.
f) Any cross drains shall be designed to accommodate a
minimum ten (10) year storm. (P, FD)
3. Prior to the issuance of a Certificate of Occupancy, the
house number shall be installed on the mailbox or a pole
and located at the driveway entrance of the State
maintained road as well as the driveway entrance to the
property. The house numbers shall be displayed in at
least four (4) inch high numbers. (P)
4. This property shall not be further subdivided, including
any family subdivisions, unless public road frontage is
provided. (P)
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
06SN0127
.~
In Clover Hill Magisterial District, J. MARK SOWERS requests
rezoning and amendment of zoning district map from
Agricul tural (A) to Residential (R-12). Residential use of
up to 3.63 units per acre is permitted in a Residential (R-
12) District. The Comprehensive Plan suggests the property
is appropriate for medium density residential use of 1.51 to
4.0 units per acre. This request lies on 22.6 acres lying
off the eastern terminus of North Vicki lee Road and Vicki lee
Court, the northern terminus of Vickilee Road and western
terminus of Marblethorpe Road. Tax IDs 746-699-8830; and
747-699-0340, 0744, 1248, 1750, 2453 and 4454.
Ms. Jane Peterson presented a summary of Case 06SN0127 and
stated staff recommended approval of the rezoning, subject to
the applicant adequately addressing the impact of the
proposed development on capital facilities. She further
stated the Planning Commission unanimously recommended
approval and acceptance of the proffered conditions, noting
that efforts to correct existing drainage problems merit
special consideration and a reduction of the cash proffer.
06-783
08/23/06
She stated the applicant has modified Proffered Condition 2
to address the Marshall and Swift cost index, and the Board
would need to suspend its rules to consider the amended
proffered condi tion. She further stated staff recommends
denial of the waiver to street connectivity requirements
because limiting stub road connections would cause a
concentrated use of a particular stub road and would not
adequately disburse the traffic from the proposed
development. She stated the Planning Commission recommended
approval of the waiver, noting the waiver would result in
less disturbance of wetlands to the north and preservation of
open space, while providing adequate access to the site.
Mr. Mark Sowers stated
recommendation is acceptable.
th(~
Planning
Commission's
Mr. King called for public comment.
No one came forward to speak to the request.
On motion of Mr. Warren, secondEod by Mr. King, the Board
suspended its rules at this time to allow for consideration
of the amended proffered condition.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
On motion of Mr. Warren, secondE~d by Mr. King, the Board
approved Case 06SN0127 and accepted the following proffered
conditions:
Utilities
1. This development shall utilize public water and sewer.
(U)
Cash Proffer
2.
Applicant, subdivider, or
following to the County of
issuance of a building
improvements wi thin the
property:
assignee(s} shall pay the
Chesterfield, prior to the
permit, for infrastructure
service distri.ct for the
a.
i. If drainage proffer 9a is to be used,
$11,225.00 per dwelli.ng uni t; or the amount
approved by the Board of Supervisors not to
exceed $11,225.00 per dwelling unit adjusted
upward times any increase in the Marshall and
Swift Building Cost Index between July 1, 2005
and July 1 of the fiscal year in which the
payment is made if paid after June 30, 2006.
At the time of payment, the $11,225.00 will be
allocated pro-rata among the facility costs as
follows: $3836.00 for schools, $433.00 for
parks and recreation, $6415.00 for roads,
$250.00 for libraries, and $291.00 for fire
stations. PaYments in excess of $11,225.00
shall be prorated as set forth above.
1-1-.
If drainage proffer
$15,600.00 per dwelling
9b is
unit;
to
or
be
the
used,
amount
06-784
08/23/06
-
approved by the Board of Supervisors not to
exceed $15,600.00 per dwelling unit adjusted
upward times any increase in the Marshall and
Swift Building Cost Index between July 1, 2005
and July 1 of the fiscal year in which the
paYment is made if paid after June 30, 2006.
At the time of paYment, the $15,600.00 will be
allocated pro-rata among the facility costs as
follows: $5331. 00 for schools, $602.00 for
parks and recreation, $8915.00 for roads,
$348.00 for libraries, and $404.00 for fire
stations.
b.
Cash proffer paYments
purposes proffered or
law. (B&M)
shall be spent for
as otherwise permitted
the
by
Timbering
3. Timber management (thinning, etc.) will only be allowed
upon submission and approval of the appropriate
management plan to include erosion control and the
issuance of a land disturbance permit by the
Environmental Engineering Department. Any other
timbering shall be incorporated into the construction
project erosion and sediment control plan/narrative and
will not commence until the issuance of a land
disturbance permit by the Environmental Engineering
Department for subdivision construction and proper
installation of erosion control measures. (EE)
-
Architectural Restrictions & Density
4.
One story dwellings shall
area of 1500 square feet.
shall have a minimum gross
feet. (P)
have a minimum gross floor
Dwellings above one story
floor area of 1800 square
5. All exposed portions of the foundations of each dwelling
uni t shall be faced with brick veneer. Exposed piers
supporting front porches shall be faced with brick
veneer. ( P)
6. Any residential lots having sole access through
Briarcliff Subdivision shall have an average lot area of
not less than 12,600 square feet. Such lots shall not
exceed a density of 2.9 dwelling units per acre. (P)
7 .
Any residential lots having sole access
Heatheridge Subdivision shall have an average
of 13,500 square feet. Such lots shall not
density of 2.7 dwelling units per acre. (P)
through
lot size
exceed a
.-
8. Any residential lots having sole access through Forest
Acres Subdivision shall have an average lot size of
17,400 square feet. Such lots shall not exceed a
density of 2.1 dwelling units per acre. (P)
Drainage
9.
a.
A post development drainage study shall be
performed by the developer from the southern
property line of the project through the existing
06-785
08/23/06
downstream neighborhoods
Cherylann Road.
to
the
culvert under
The study shall determine the deficiencies in
required capacity, the areas of storm-water
inundations and the hydraulic interrelationships
between the existing st.ormwater conveyance systems.
The study shall propose those onsite and offsite
manmade improvements which will cause the study
area to possess storm drainage capacity that meets,
to the maximum extent physically practicable,
minimum standards with respect to required manmade
drainage improvements and flood plain management.
Upon approval by the Environmental Engineering
Department of the drainage improvements called for
in the study, the improvements shall be
incorporated into the construction plans for the
project and shall be implemented as the first phase
of development.
The achievement of the storm drainage goals as
presented in herein shall be to the maximum extent
practicable as enabled by the successful level of
acquisition of easements and the issuance of Corps
of Engineers and Department of Environmental
Quality permits.
b. In the event that the developer, despite his good
faith and due diligent efforts, is unable to obtain
the easements required for the construction and
maintenance of the above Ii sted improvements, the
developer shall request, in writing, that
Chesterfield County acquire such easements. All
costs associat.ed with acquisition of the
easements shall be borne by the developer. In the
event that Chesterfield County chooses not to
assist the developer in acquisition of the
easements, or if the d(~veloper, despite his good
faith and due diligent efforts, is unable to obtain
the wetlands permits required to construct the
improvements, the developer shall be relieved of
the obligations to make the drainage improvements
listed above and shall instead shall retain storm-
water onsite to meet predevelopment flows. (EE)
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
Mr. Warren then made a motion, seconded by Mr. King,
Board to approve the request for wai ver to
connectivity requirements for Case 06SN0127.
for the
street
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
06-786
08/23/06
16. PUBLIC HEARINGS
16.A. TO CONSIDER AN ORDINANCE CHANGING THE POLLING PLACE
FOR BELLWOOD VOTING PRECINCT IN BERMUDA DISTRICT AND
FOR CRANBECK VOTING PRECINCT IN MIDLOTHIAN DISTRICT
-
Mr. Haake stated this date and time has been advertised for
the Board to consider an ordinance changing the polling place
for Bellwood Voting Precinct in Bermuda District and for
Cranbeck Voting Precinct in Midlothian District.
Mr. King called for public comment.
No one came forward to speak to the ordinance.
On motion of Mr. King, seconded by Mr. Beirne, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 7-3 RELATING TO
POLLING PLACES FOR VOTING PRECINCTS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section
Chesterfield, 1997,
read as follows:
7-3 of the Code of the County of
as amended, is amended and re-enacted to
.-
Bellwood Voting Precinct (101):
-
Beginning at the point where the center line of the
southern boundary of Richmond National Battlefield Park
intersects the boundary line between Henrico County and
Chesterfield County; thence eastwardly along said boundary
line as it meanders with the James River south to its
intersection with Proctors Creek; thence westwardly along the
center line of Proctors Creek to its intersection with a spur
line of the CSX Railroad; thence northwardly along the center
line of said right-of-way to its intersection with Kingsland
Creek; thence eastwardly along the center line Kingsland
Creek to its intersection with the CSX Railroad right-of-way;
thence northeastwardly along the center line of said right-
of-way to its intersection with U. S. Route 1/301 (Jefferson
Davis Highway); thence south along the center line of U. S.
Route 1/301 to its intersection with Bellwood Road; thence
northeastwardly along the center line of Bellwood Road to its
intersection with Interstate 95; then northward along the
center line of Interstate 95 to its intersection with the
northern boundary lines of Census Blocks 1004033006 and
1004033007; thence eastwardly along the boundary line of
Census Blocks 1004033006 and 1004033007 to their intersection
with the southern boundary line of Richmond National
Battlefield Park; thence northeastwardly along the center
line of the southern boundary line of Richmond National
Battlefield Park to its intersection with the boundary line
between Chesterfield County and Henrico County, the point and
place of beginning.
The voting place for Bellwood Voting Precinct shall be
the First Baptist Church Centralia, 2920 Kingsdale Road.
06-787
08/23/06
000
Cranbeck Voting Precinct (509):
Beginning at the point where the center line of U. S.
Route 60 (Midlothian Turnpike) intersects the center line of
Robious Road (State Route 675); thence northwestwardly along
the center line of Robious Road (State Route 675) to its
intersection with Greenfield Drive (State Route 2544); thence
northwardly along the center line of Greenfield Drive to its
intersection with Milbrook Drive; thence eastwardly along the
center line of Milbrook Drive to its intersection with
Dragonfly Lane; thence northwardly along the center line of
Dragonfly Lane to its intersection with the Southern Railroad
right-of-way; thence westwardly o.long said right-of-way to
its intersection with Huguenot Road (State Route 147); thence
westwardly and southwardly along the center line of Huguenot
Road (State Route 147) to its intersection with U.S. Route 60
(Midlothian Turnpike); thence eastwardly along the center
line of U.S. Route 60 (Midlothian Turnpike) to its
intersection with Robious Road (State Route 675), the point
and place of beginning.
The voting place for Cranbeck Voting Precinct shall be
the Grace Brethren Church, located at 2240 Cranbeck Road.
(2) That thi s ordinance shall bE~come effective immediately
upon adoption.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
16.B. TO CONSIDER A FRANCHISE AGREEMENT WITH CAVALIER
TELEPHONE AND TV
Mr. Micas stated this date and time b.as been advertised for a
public hearing for the Board to consider awarding a franchise
agreement to Cavalier Telephone o.nd TV. He further stated
staff has been unable to negotiate an agreement with
Cavalier, and staff is recommending deferral of consideration
of the franchise agreement until September 27, 2006.
Mr. King called for public comment.
No one came forward to speak to the deferral.
Discussion ensued relative to fiber optic cable necessary for
Cavalier to provide its cable TV service.
Mrs. Humphrey stated Verizon has installed fiber optic cable
along the Hull Street Corridor, and she does not understand
why this area is not included in Cavalier's proposed service
area. She requested that a Cavalier representative provide
an explanation as to why service is not being provided in
this area.
Mr. Ramsey stated Cavalier does
Verizon to provide service in any
than the proposed service areas.
not have
an~as of
a contract wi th
the county other
06-788
08/23/06
In response to Mr. Miller's question, Mr. Micas stated the
county cannot negotiate rates or channel line-up, but can
negotiate a commitment to extend service as quickly as
technology permits, as well as public access issues. He
further stated, in staff's opinion, the General Assembly
mandated franchise agreement is not desirable; therefore,
staff is attempting to negotiate a customized franchise
agreement that will provide the county with as much leverage
as state and federal legislation allows.
-
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
deferred the public hearing to consider a franchise agreement
with Cavalier Telephone and TV until September 27, 2006.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
16.C. TO CONSIDER AMENDING SECTION 6-26 OF THE COUNTY CODE
TO LIMIT BUSINESS LICENSE TAXES OF GASOLINE RETAILERS
FOR GAS PRICE HIKES CAUSED BY NATURAL DISASTERS
.......
Mr. Micas stated this date and time has been advertised for a
public hearing for the Board to consider amendments to
Section 6-26 of the County Code to limit the business license
tax of gasoline retailers for gas price hikes caused by
natural disasters. He further stated the proposed amendments
were mandated by the 2006 General Assembly requiring
localities to change their calculation of the taxable
receipts to account for temporary "price-spike" situations as
a result of natural disasters.
Mr. King called for public comment.
No one came forward to speak to the ordinance amendments.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 6-26 RELATING TO RETAIL MERCHANTS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 6-26 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 6-26. Retail merchants.
,.......
(a) Every retail merchant shall pay a license tax of $0.19
per $100.00 of base year gross receipts.
(b) If goods, wares and merchandise not belonging to a
retail merchant are offered for sale by the retail merchant
or by any other person at the retail merchant I s place of
business, such retail merchant shall obtain a license as a
commission merchant as provided in section 6-32. Such retail
merchant, however, may elect to include the total gross
receipts from the sale of all goods, wares and merchandise
not belonging to him in the base year gross receipts for his
06-789
08/23/06
retail merchant license in lieu of obtaining a commission
merchant license.
(c) Every person who sells merchandise by means of a coin-
operated machine or device shall pay the retail merchant I s
license tax prescribed in subsection (a) of this section. All
such machines shall be plainly marked so as to show the name
and address of the owner thereof.
(d) Every cooperative which sells to others (excluding sales
to commercial, industrial, or institutional users) at retail
only and not for resale shall pay the license tax prescribed
in subsection (a).
(e) If a motor vehicle dealer coLlects excess business
license tax from a purchaser, such dealer shall exercise due
diligence to refund such tax to the purchaser within 120 days
of discovering such overpayment, and such dealer shall
produce evidence of such refund to the commissioner of the
revenue upon request. Any amounts that are not refunded to
purchasers shall be remitted to the commissioner of the
revenue as additional business license tax.
f) If the Virginia Department of Mines, Minerals and Energy
determines that the weekly U.S. Retail Gasoline price
(regular grade) for PADD IC (Petroleum Administration for
Defense District - Lower .Atlantic Region) has increased by
20% or greater in anyone-week period over the immediately
preceding one-week period and does not fall below the
increased rate for at least 28 consecutive days immediately
following the week of such increase. then the gross receipts
taxes on fuel sales of a gas retailer made in the following
license year shall not exceed 110% of the gross receipts
taxes on fuel sales made by such reta ler in the license year
of such increase. Every gas retailer shall maintain
separate records for fuel sales and nonfuel sales and shall
make such records available upon ri':!quest by the commissioner
of the revenue. The provisions of this subsection shall not
apply to any person or entity (i) not conducting business as
a gas retailer in the county for the entire license year
immediately preceding the license Yl2ar of such increase or
(ii) that was subject to a license fee in the county for the
license year immediately precedinq the license year of such
increase.
(2) That this ordinance shall bE>cOm(~ effective immediately
upon adoption.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
16.D. TO CONSIDER THE ACCEPTANCE AND APPROPRIATION OF FUNDS
FROM POWHATAN COUNTY AND UPON APPROVAL AWARD A
CONSTRUCTION CONTRACT FOR THE POWHATAN WATER LINE
PROJECT ALONG MIDLOTHIAN TURNPIKE
Mr. Covington stated this date and time has been advertised
for a public hearing for the Board to consider the acceptance
and appropriation of funds from Powhatan County and approval
of a construction contract for Midlothian Turnpike water
improvements to powhatan County.
06-790
08/23/06
Discussion ensued regarding
provide powhatan County up
water per day.
the details of the agreement to
to 500,000 gallons of drinking
Mr. Miller expressed concerns relative to unforeseen
circumstances that might cause the county to be unable to
provide this amount of water to powhatan.
,~
Discussion ensued relative to powhatan voluntarily
restricting water if Chesterfield residents were required to
do so.
Mr. Ramsey stated he has no doubt
implement water restrictions if it
Chesterfield to do so.
that
became
powhatan would
necessary for
Mr. Covington stated Chesterfield's peak daily water
consumption exceeds 60 million gallons per day. He further
stated approximately 30 percent of the county's water supply
comes from Richmond; 25 percent from Swift Creek; and the
remainder from the Appomattox River Water Authority. He
stated the contract provides no liability for the county to
provide water to powhatan as a result of unforeseeable
circumstances, acts of God, etcetera.
Mr. Micas stated the liability Mr. Covington referred to
tends to be related to loss of electricity, rather than long-
term restrictions.
-
Mr. Ramsey noted there are state statutes
terrorism or declared emergencies that guide
allocation of resources.
relative to
the county's
Mr. Covington stated the county could propose an amendment to
the contract to address times when the water supply may be
threatened because of drought or other situations.
Mr. Warren stated he feels it is very important to protect
the water supply for county citizens.
Mr. Covington
approximately 30
by the Appomattox
complete.
stated the county is currently using
percent of the water that will be supplied
River Water Authority once the expansion is
Mr. Ramsey stated, as part of the Board's motion to approve
the construction contract, a request could be made that
powhatan include the same restrictions to their system that
Chesterfield would have to apply to theirs in emergency
situations.
-
Mr. Covington stated he would not anticipate any resistance
by powhatan to an amendment of this sort.
There was further discussion regarding amending the contract
to provide water to powhatan.
Mr. Ramsey noted powhatan has already paid installments for
the county to reserve a specified capacity.
In response to Mr. King's question, Mr. Covington stated the
water line extension will benefit Chesterfield County
residents along Midlothian Turnpike, as well as powhatan.
06-791
08/23/06
Mr. Ramsey suggested that if the
requested, language be included
amend the 1997 agreement to grant
to restrict usage in powhatan Hl
usage by it.s customers in any
restriction.
Board approves the actions
to request that powhatan
authority for Chesterfield
che same way it restricts
situation that warrants
Mr. King called for public comment.
Senator John Watkins expressed concerns relative to sending
the wrong message to powhatan regarding a commodity such as
water. He stated Chesterfield has the same agreement with
the City of Richmond for provision of water. He noted that
state law will dictate water reduc::ions and wi thdrawals.
Ms. Andrea Epps requested, if
discussions with powhatan County,
include the issue of land use.
the
that
county has further
the discussions also
same
jurisdictions
proportion of
should
water
Mr. King s ta ted he
participate regionally
restrictions.
thinks
in the
all
Mr. Ramsey noted the
time frame to accept
contract.
county is at
the bid and
the end of the 60-day
award the construction
There being no one else to spea.k to the issue, the public
hearing was closed.
After further discussion, Mr. Miller made a motion, seconded
by Mr. King, for the Board to accept a.nd appropriate funds in
the amount of $1,112,937.98 from powhatan County to County
Project Number 5H-970160E; award a construction contract for
the Midlothian Turnpike Water Improvements to Godsey and Son,
Incorporated in the amount of $892,608.80; and authorize the
County Administrator to executE:!! all necessary documents,
subject to continued ongoing discussions with powhatan County
regarding amending the water agn~ement between Chesterfield
and Powhatan counties to address water restrictions due to
catastrophic circumstances.
Ayes: King, Miller, Beirne, Humphrey.
Abstain: Warren.
Nays: None.
16. E. TO CONSIDER ZONING ORDINANCE AMENDMENTS RELATING TO
DWELLING UNIT USES IN THE 0-1 DISTRICT LOCATED IN THE
VILLAGES OF ETTRICK AND MATOACA
Mr. Tompkins stated this date and time has been advertised
for a public hearing for the Board to consider zoning
ordinance amendments relating to dwelling unit uses in the 0-
1 District located in the villages of Ett.rick and Matoaca.
He further stated the proposed ordinance amendments would
allow residential uses in conjunction with permitted
nonresidential uses, subj ect to certain restrictions in the
0-1 zoning district in the villages of Ettrick and Matoaca.
He stated the Planning Commission unanimously recommended
approval of the ordinance amendments.
-'
06-792
08/23/06
Mr. King called for public comment.
Mr. Don Wenzel stated he supports the amendments.
Mr. Tom Jacobson stated the ordinance amendments will assist
with revitalization of the Village of Ettrick.
There being no one else to speak to the ordinance amendments,
the public hearing was closed.
-
Mrs. Humphrey thanked Mr. Wenzel for the improvements he is
proposing for the Village of Ettrick. She stated the
proposed improvements are specifically for the Village of
Ettrick, and she intends to strike reference to the Village
of Matoaca from the ordinance amendment.
Mrs. Humphrey then made a motion, seconded by Mr. Warren, for
the Board to adopt the following ordinance, with the
exclusion of the Village of Matoaca:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 19-131 RELATING TO DWELLING
UNIT USES IN THE 0-1 DISTRICT LOCATED IN THE VILLAGE
OF ETTRICK
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
,-
(I) That Section
Chesterfield, 1997,
read as follows:
19-131 of
as amended,
the Code of the County of
is amended and re-enacted to
Sec. 19-131. Uses per.mitted with certain restrictions.
The following uses shall be permitted in the 0-1
District subject to compliance with the following conditions
and other applicable standards of this chapter. If the
following restrictions cannot be met, these uses may be
allowed by conditional use, subject to section 19-13:
000
(i) Single-family dwellings, provided that:
(I) The dwellings are located in the Ettrick
Village Core or Matoaca Village Core village
commercial areas.
-.......
(2) The dwellings are located on lots of not less
than 7,000 square feet in area and not less
than 50 feet in width.
These dwellings shall be exempt from division 3,
development requirements office, commercial and
industrial, except for setback requirements, and except
for architectural treatment (section 19-611) .
(j) A dwelling unit incorporated into a building with a
permitted nonresidential use, provided that the
dwelling unit is located in the village commercial
areas of Ettrick Village.
06-793
08/23/06
(k) Communications towers, provided that:
(1) Antennae are co-located
transmission structures.
on
electric
(2) Antennae are a flush-mount design and do not
exceed a height of twenty (20) feet above the
height of the transmission structure
supporting the higrh tension electrical
transmission lines and such height does not
exceed the limitations of sections 19-507 and
19-507.2.
(3) Antennae shall be gray or another neutral
color acceptable to the planning department.
(4) At such time as the antennae ceases to be used
for communications purposes for a period
exceeding twelve (12) consecutive months, such
antennae shall be dismantled and it and all
associated equipment removed from the
property.
(2) That this ordinance shall bec:ome effective immediately
upon adoption.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
Mrs. Humphrey excused herself from the meeting.
16. F. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF MAP OF -'
LOTS STAKED OUT ON PROPERTY OF HARVEY HORNER
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider an ordinance to
vacate a portion of Map of Lots staked out on property of
Harvey HornE~r.
Mr. King called for public comment.
No one came forward to speak to the ordinance.
On motion of Mr. Warren, seconded
adopted the following ordinance:
Mr. King f the Board
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to GEORGE BROTHERS
CONSTRUCTION CO. f a Virginia corporation, and
GEORGE BROTHERS CONSTRUCTION CO. f INC. ,
("GRANTEE"), a portion of Map of Lots staked out on
property of Harvey Horner, CLOVER HILL Magisterial
District.. Chesterfield County, Virginia, as shown
on a plat thereof duly n:?corded in the Clerk 's
Office of the Circuit Court of Chesterfield County
in Deed Book 259, at Page 134.
-'
WHEREAS, GEORGE BROTHERS CONSTRUCTION CO. , INC. ,
peti tioned the Board of Supervisors of Chesterfield County,
Virginia to vacate a portion of Map of Lots staked out on
property of Harvey Horner, CLOVER HILL Magisterial District,
Chesterfield County, Virginia more particularly shown on a
06-'794
08/23/06
plat of record in the Clerk's Office of the Circuit Court of
said County in Plat Book 259, Page 134, by W. W. LAPRADE AND
BROS., dated JUNE 1, 1939, recorded AUGUST 14, 1940. The
portion of lots petitioned to be vacated are more fully
described as follows:
-
A portion of Map of Lots staked out on property of
Harvey Horner, the location of which is more fully
shown on a plat made by POTTS, MINTER AND
ASSOCIATES, P.C., dated OCTOBER 31, 2005, a copy of
which is attached hereto and made a part of this
Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portions of lots sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid portion of lots be
and are hereby vacated.
........
This Ordinance shall be in full force and effect in
accordance wi th Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title of the portion of lots hereby vacated in the
property owners of free and clear of any rights of public
use.
Accordingly, this Ordinance shall be indexed
names of the COUNTY OF CHESTERFIELD as GRANTOR, and
BROTHERS CONSTRUCTION CO., a Virginia corporation, and
BROTHERS CONSTRUCTION CO., INC., or its successors in
as GRANTEE.
in the
GEORGE
GEORGE
title,
Ayes: King, Miller, Beirne and Warren.
Nays: None.
Absent: Humphrey.
,,~
16.G. TO CONSIDER AN ORDINANCE TO VACATE AN EIGHT-FOOT
EASEMENT ACORSS LOT 82, MONTCLAIR AT SOUTHBEND,
SECTION 1
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider an ordinance to
vacate an eight-foot easement across Lot 82, Montclair at
Southbend, Section 1.
06-795
08/23/06
Mr. King called for public comment.
No one came forward to speak to the ordinance.
On motion of Mr. King, seconded by Mr. Miller, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to SCOTT A.
DESROSIERS and VICTORIA DESROSIERS, ("GRANTEE"), an
8' easement across Lot 82, Montclair at Southbend,
Section 1, 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
114, at Page 60.
-
WHEREAS, SCOTT A. DESROSIERS and VICTORIA DESROSIERS,
peti tioned the Board of Supervisors of Chesterfield County,
Virginia to vacate an 8' easement across Lot 82, Montclair at
Southbend, Section 1, 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 114, Page 60, by POTTS, MINTER AND
ASSOCIATES, P.C., dated AUGUST 8, 2000, recorded NOVEMBER 30,
2000. The easement petitioned to be vacated is more fully
described as follows:
An 8' easement, across Lot 82, Montclair at
Southbend, Section 1, the location of which is more
fully shown on a plat made by HARVEY L. PARKS,
INC., dated DECEMBER 11, 2003, a copy of which is
attached hereto and made a part of this Ordinance.
-
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the easement sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid easement be and is
hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterf ield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
~
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title of the easement hereby vacated in the
property owners of Lot 82, wi thin Montclair at Southbend,
Section 1 free and clear of any rights of public use.
06-796
08/23/06
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and SCOTT A.
DESROSIERS and VICTORIA DESROSIERS, or their successors in
title, as GRANTEE.
Ayes:
Nays:
Absent:
King, Miller, Beirne and Warren.
None.
Humphrey.
-
i6.H. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF WATER AND TEMPORARY CONSTRUCTION
EASEMENTS FOR THE MIDLOTHIAN TURNPIKE WATERLINE
EXTENSION PROJECT
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider the exercise of
eminent domain for the acquisition of water and temporary
construction easements for the Midlothian Turnpike - Route 60
- Waterline Extension Project.
Mr. Ramsey stated staff is requesting that the Board remove
the property of Mr. and Mrs. Ernest Belvin from its action.
Mr. King called for public comment.
No one came forward to speak to the issue.
Mr. Ramsey stated Mr. Belvin is negotiating a different
approach, which may not require eminent domain; and if this
is not possible, the Utilities Department has worked out a
solution, which will not necessitate use of the Belvin
property for the waterline extension project.
On motion of Ms. Beirne, seconded by Mr. Warren, the Board
approved the exercise of eminent domain for the acquisition
of water and temporary construction easements for the
Midlothian Turnpike - Route 60 - Waterline Extension Project
from the following property owners: Dorothy Lee Burnett
Elam, 17600 Midlothian Turnpike, PIN: 705708938900000; and
Edward W. Jr. and Carole P. Nunnally, 17206 Midlothian
Turnpike, PIN: 707708849400000; and authorized staff to enter
and take such easements prior to eminent domain proceedings.
(It is noted copies of the plats are filed with the papers of
thi s Board.)
Ayes: King, Miller, Beirne and Warren.
Nays: None.
Absent: Humphrey.
Mrs. Humphrey returned to the meeting.
16.I. TO CONSIDER REVISING THE SALES TERMS FOR PROPERTY
WHICH THE COUNTY HAS CONTRACTED TO SELL TO THE HEALTH
CENTER COMMISSION
Mr. Micas stated in 2005, the Board agreed to sell to the
Heal th Center Commission a 22-acre parcel adjacent to the
nursing home for the development of age-restricted and
assisted living units. He further stated, since then, the
06-797
08/23/06
Health Center Commission has found that construction costs
have increased dramatically and that there are unanticipated
costs related to replacing unacceptable soils. He stated,
because of those changes in circumstance, the Health Center
Commission is requesting that the Board change the conditions
of sale from $1.09 million to a donation from the Board of
Supervisors. He further stated the Health Center Commission
does not believe the project is viable unless the Board of
Supervisors makes a donation and removes the original
purchase price. He stated this date and time has been
advertised for the Board to consider revising the sales terms
for property which the county has contracted to sell to the
Health Center Commission.
_.
Mr. King called for public comment.
Ms. Carol Conroy, member of the Health Center Commission,
provided details of individuals served by Lucy Corr Village
across the districts in Chesterfield and charity care
provided to county citizens in need of long-term care
services. She stated the land on which Lucy Corr's current
operations are located was donated to the Health Center
Commission, and it was understood that the remaining land was
set aside for the Health Center Commission's future use. She
reviewed numerous communications between the Health Center
Commission and the Board of Supervisors relative to the
Heal th Center Commission's intent to initiate the expansion
of Lucy Corr Village, and stated not once did the Board of
Supervisors or County Administration communicate any intent
to charge the Commission for the land. She stated the
Commission was greatly disappointed in June 2005 when the
Board approved the transfer of the 22-acre parcel of land to --
the Health Center Commission, with an unanticipated cost of
over $1 million.
Mr. John Gibney, member of the Health Center Commission,
stated the Commission was set up by the Board of Supervisors
under state statute to establish the kind of facility the
Commission is proposing to build. He further stated state
law specifically authorizes the Commission to accept grants
of land from local political subdivisions. He stated the
Health Center Commission is attempting to provide a crucial
service for elderly county residents. He requested that the
Board donate the land to the Health Center Commission.
There being no one else to speak to the issue, the public
hearing was closed.
Mr. Miller stated he has always believed that the Board did
not have an obligation to donate the property to the Health
Center Commission. He expressed concerns relative to the
Board being good stewards of taxpayers' resources, indicating
they should be extremely careful when disposing of property
that the taxpayers own. He stated he had requested and the
Health Center Commission has agreed that, if the Board were
to donate the land to the Commission, priority would be given
to residents of Chesterfield County at Lucy Corr Village. He
further stated he had hoped to get a reduced charge for
county residents to live at the facility, and the Commission
has implemented a per diem surcharge for out-of-county
residents, indicating that they could not provide a reduced
charge for county residents.
--
06-798
08/23/06
Discussion ensued relative to the Health Center Commission
agreeing to pay the county for the land only if it should
sell the property at some time in the future, subordinate to
debts owed to bond holders.
Mr. Miller stated he will reluctantly support the request.
-
Mr. Warren stated the Health Center Commission has had a
and good relationship with the county, and he thinks
donation of the property is in their best interest.
long
the
Mr. Warren then made a motion, seconded by Mr. King, for the
Board to revise the sales terms for property which the county
has contracted to sell to the Health Center Commission, as
follows: Dedicate the 21.9 acres to the Health Center
Commission and require the Health Center Commission to pay
$1,095,000 to the county only if it should sell the property
at some time in the future, subordinate to debts owed to bond
holders.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
16.J. TO CONSIDER ADOPTION OF AN ORDINANCE CREATING THE
WATKINS CENTRE COMMUNITY DEVELOPMENT AUTHORITY
-.
Mr. Ramsey stated this date and time has been advertised for
the Board to consider adoption of an ordinance creating the
Watkins Centre Community Development Authority. He provided
details of the zoning for this area and stated the county has
received a petition from landowners requesting the creation
of the Watkins Centre CDA for approximately 500 acres for the
purpose of transportation improvements. He stated the
project is consistent with the criteria set by the Board for
CDAs. He further stated the structure of the CDA will
consist of an assessment combined with an incremental tax
revenue component, which would limit the revenues passed from
the county to the CDA to 50 percent of the new real estate
tax revenues developed by the project and 25 percent of the
sales tax revenue generated by the proj ect. He provided
details of proposed transportation improvements to be
accomplished by both the developer and the CDA, indicating
that the estimated cost of the improvements by the CDA is
$11.4 million of the total $18.3 million for the entire
transportation network. He noted that, if the construction
costs exceed the estimates, the ordinance places that burden
on the developer. He stated staff recommends that the Board
create the Community Development Authority.
Mr. King called for public comment.
-
Senator John Watkins, petitioner of the CDA and a manager of
Watkins Land, L.L.C., stated he thinks the CDA is an integral
part of the partnership to bring about infrastructure needed
to serve a proj ect of this magnitude, which will have a
tremendous economic development benefit to the county and the
region.
Mr. Ryan Kelly, representing Zaremba Metropolitan, stated he
supports the creation of the CDA, indicating that this is
another example of the public-private partnership that has
06-799
08/23/06
been established between the county and the CDA property
owners and developers to successfully achieve mutual goals.
Mr. Rob Hargett, representing the Rebkee Company, stated he
supports the CDA and is pleased to be a part of this private-
public partnership.
There being no one else to speak to the ordinance, the public
hearing was closed.
Mr. King stated this is another tool for the county to
address the transportation needs of its citizens.
Discussion ensued relative to the CDA not being a liability
on the county.
Mr. Warren stated he will support the Watkins Centre CDA
because it is in line with the cri teria establ ished by the
Board for creation of CDAs.
Ms. Beirne stated she believes the CDA will
effective tool to finance infrastructure, with
being protected from any unforeseen consequences.
provide an
the county
On motion of Mr. King, seconded by Nr. Warren, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF
THE COUNTY OF CHES'rERFIELD, 1997, AS AMENDED,
BY ADDING CHAPTER 9, ARTICLE XVI,
SECTIONS 9-219, 9-220, 9-221, 9-222, 9-223, 9-224, 9-225
AND 9-226 CREATING THE WATKINS CENTRE
COMMUNITY DEVELOPMENT AUTHORITY
BE IT ORDAINED by
Chesterfield County:
the Board
of
Supervisors
of
WHEREAS, the Board of Supervisors of Chesterfield
County, Virginia (the "Board") has received a petition (the
"peti tion" ) from certain landowners ( collectively, the
"Landowners") for the creation of the Watkins Centre
Community Development Authority (the "CDA") , and the
Landowners have represented that they own more than 51% of
the land within the proposed CDA district; and
WHEREAS, a public hearing has been held on August 23,
2006 by the Board on the adoption of this Ordinance and
notice has been duly provided as set forth in ~15.2-1427 of
the Code of Virginia of 1950, as amended and ~~15.2-5104 and
15.2-5156 of the Virginia Water and Waste Authorities Act,
Chapter 51, Title 15.2, Code of virginia of 1950, as amended
(the "Act"); and
WHEREAS, the Board proposes to create the CDA in order
to provide the transportation improvements described in the
Petition; and
WHEREAS, the creation of the CDA to assist in financing
the transportation improvements described in the Petition in
connection with the proposed development within the CDA
district will benefit the citizens of Chesterfield County I
Virginia (the "County" ) by promoting increased emplOYment
opportuni ties, a strengthened economic base, increased tax
06-800
08/23/06
revenues and additional business, retail and recreational
opportuni ties I and will meet the increased demands placed
upon the County as a resul t of development wi thin the CDA
district; and
WHEREAS, the Landowners have waived
right to withdraw their signatures from
accordance with ~15.2-5156 of the Act.
in writing their
the Petition in
-
( 1 ) NOW,
SUPERVISORS OF
9-219 through
Chesterfield,
follows:
THEREFORE, BE IT ORDAINED BY THE BOARD OF
CHESTERFIELD COUNTY, VIRGINIA, that Sections
9-227 of the Code of the County of
1997, as amended, are hereby enacted as
Section 9-219 Creation of Authority. The Watkins Centre
Community Development Authority (CDA) is hereby created as a
political subdivision in accordance with the applicable
provisions of the Virginia Water and Waste Authorities Act
(the "Act"). The CDA shall have the powers set forth in the
Act.
-
Section 9-220. Boundaries of CDA. The CDA boundaries
shall initially include the property identified in Exhibit A,
attached to this ordinance and presented to the Board of
Supervisors upon creation of the District (the "Initial CDA
District"). In accordance with ~15.2-5157 of the Act, a copy
of this Ordinance shall be recorded in the land records of
the Circuit Court of Chesterfield County for each tax map
parcel in the CDA district as such CDA district exists at the
time of issuance of the CDA's bonds (the "Bonds") and the CDA
district shall be noted on the land records of the County.
The Board of Supervisors, upon the request of the CDA or the
Landowners, may, by adopting an amendment to this Ordinance,
release or exclude from the CDA district (i) at any time
before the issuance of the Bonds certain portions of land as
long as at least 250 acres of land remain in the CDA district
and (ii) after the issuance of the Bonds only de minimis
portions of land not to exceed approximately two acres. In
addition, the CDA may release and exclude from the CDA
district parcels of land wi th respect to which all special
assessments have been paid or prepaid.
-
Section 9-221. Facilities and Services. The CDA is
created for the purpose of exercising the powers set forth in
the Act, including financing, constructing, acquiring and
developing, and owning and maintaining if necessary, certain
transportation infrastructure in connection with the
development of a mixed-use project consisting of commercial,
industrial and office components as more particularly
described in the Peti tion (the "Improvements" ) . The CDA
shall have all the powers provided by the Act. The CDA shall
not provide services which are provided by, or obligated to
be provided by, any authority already in existence pursuant
to the Act unless such authority provides the certification
required by ~15.2-5l55 of the Act.
Section 9-222. Articles of Incorporation. Attached as
Exhibit B and presented to the Board of Supervisors at the
time of the adoption of this Ordinance are the proposed
Articles of Incorporation of the CDA. The County
Administrator is authorized and directed to execute and file
such Articles of Incorporation on behalf of the Board with
the State Corporation Commission in substantially the form
06-801
08/23/06
attached as Exhibi t B wi th such changes, inc 1 uding
insubstantial changes to the boundary description of the CDA
district described therein, as the County Administrator may
approve. The County Administrator is authorized to approve
such changes or corrections to the Articles of Incorporation
prior to filing with the State Corporation Commission as do
not change the purpose or function of the CDA as set forth in
this Ordinance and in the Petition.
Section 9-223. Capital Cost Estimates. The Board hereby
finds, in accordance with ~15. 2-5103 (B) of the Act, that it
is impracticable to include capi tal cost estimates, proj ect-
proposals and project service rates, except as preliminarily
summarized in the Petition.
Section 9-224. Membership of the Authority.
(a) The powers of the CDA shall be exercised by an
authority board consisting of five members.
(b) All members of the CDA board shall be appointed by
the Board by resolution in accordance with the provisions of
Si15.2-5113.
(c) The initial members of the CDA board shall be as
set forth in the Articles of Incorporation for the terms set
forth therein.
(d) Each CDA board member shall receive such
compensation from the CDA for his or her services as a CDA
board member as may be authorized from time to time by
resolution of the CDA board, provided that no member shall
receive compensation in excess of $300 per meeting attended
unless authorized by resolution of the Board.
-",.'
Section 9-225. Plan of Finance; Issuance of Bonds.
(a) The improvements, services and operations to be
undertaken by the CDA as described herein and in the petition
shall be funded from all or some of the following sources:
(i) the Bonds to be issued by the CDA; (ii) special
assessments to be levied pursuant to Virginia Code Section
15. 2-5158A5; and (iii) contributions made by the County of
certain incremental tax revenues generated wi thin the CDA
district as more particularly described in the Petition and
in the Memorandum of Understanding to be entered into by the
CDA, the County and the Landowners.
(b) Upon the enactment of this Ordinance, the CDA will
engage a professional administrator to prepare, with the
assistance of the County, an assessment roll for all parcels
of land within the CDA district. Such administrator will
annually calculate the incremental tax revenues collected
within the CDA district and will prepare a report which
details the amount of the special assessment, if any, owed by
the owner of each parcel of land within the CDA district.
(c) The Bonds to be issued by the CDA will be tax-
exempt bonds and will not exceed a maximum aggregate amount
of $16,000,000. The proceeds from the sale of the Bonds
will be used to pay the costs of the Improvements as
described herein and in the Petition, the costs of issuing
the Bonds and any required reserves, and interest on the
Bonds for a period up to twenty-six (26) months after the
06-802
08/23/06
issuance of the Bonds. If there are any proceeds from the
sale of the Bonds remaining after the paYment of these costs,
such excess proceeds shall be used to pay down the Bonds. If
the proceeds from the sale of the Bonds are insufficient to
pay these costs, the Petitioners shall be solely responsible
for paying any deficiency.
-
(d) Any bonds issued by the CDA or
arrangements entered into by the CDA will
will not be a debt or other obligation of
not constitute a pledge of the faith
County.
any other financing
be debt of the CDA,
the County and will
and credi t of the
Section 9-226 Recordation of Ordinance. In accordance
wi th Si15. 2-5157 of the Act, the Board hereby directs the
Clerk of the Circuit Court of the County to record a copy of
this Ordinance in its land records for each tax map parcel
included in the CDA district and to note the existence of the
CDA district on the land records of the County.
(2) This Ordinance shall take effect immediately.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
8.C.4. APPOINTMENTS TO THE WATKINS CENTRE COMMUNITY
DEVELOPMENT AUTHORITY
-
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment of members to serve on the Watkins
Centre Community Development Authority Board.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
On motion of Mrs. Humphrey, seconded by Ms. Beirne, the Board
appointed the following individuals to serve as members of
the Watkins Centre Community Development Authority Board,
whose terms are effective immediately and expire August 22,
2010.
1. Mr. Hugh Keogh, President, Virginia Chamber of Commerce;
2. Doug Sbertoli, Esq., Partner, LeClair Ryan, Flippin,
Densmore;
3. Mr. Bob Turner, Vice President of Development, Virginia
State University;
4. Ms. Tracy Kemp Stallings, Chief Operating Officer, CJW
Medical Center (Johnston-Willis Campus); and
5. Dr. Marshall Smith, President, John Tyler Community
College.
-
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
Mr. King requested a 10-minute recess.
Reconvening:
06-803
08/23/06
17. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
06SN0144
In Midlothian Magisterial District, HENRY JONES FAMILY L. C.
requests rezoning and amendment of zoning district map from
Residential (R-9) and Light Industrial (1-1) to Residential
Townhouse (R-TH) with Conditional Use Planned Development to
allow exceptions to Ordinance requirements. Residential use
of up to 8.00 units per acre is permitted in a Residential
Townhouse (R-TH) District. The Comprehensive plan suggests
the property is appropriate for village square, village
shopping district and village fringe area uses. This request
lies on 21.8 acres fronting approximately 600 feet on the
west line of North Woolridge Road, also fronting
approximately eighty (80) feet on the south line of Grove
Hill Road. Tax ID 731-706-Part of 3947.
-'
Ms. Orr presented a summary of Case 06SN0144 and stated staff
recommends denial because the proposal fails to insure the
coordinated integration of the residential uses wi th future
commercial development on surrounding properties; and the
requested exception to the provision of off-street parking
may result in deficiencies in parking. She further stated
the Planning Commission, on a 3-2 vote, recommended approval
and acceptance of the proffered conditions, indicating that
the project provides desired traditional neighborhood design
and is supported by area residents.
Mr. John Easter, representing the applicant, stated this
great project with an excellent quality of design, and
key component in establishing the vibrant core village
for Midlothian Village off of Midlothian Turnpike. He
introduced Mr. Dave Anderson to provide details of
proposed development.
is a
is a
area
then
the
~.
Mr. Dave Anderson provided details of the proposed
development, which includes integration with Mid-Lothian
Mines Park, the continuation of Grove Hill Road and
connection to commercial properties to the north. He
reviewed the design of the proposed development, including
alleys and private courtyards; open space proposed for the
project; traffic design; pedestrian movement; and
architecture.
Mr. John Easter stated this project is a major step towards
establishing the Midlothian Village, and he thinks it is
consistent with the spirit and intent of the Midlothian Area
Community Plan.
Mr. King called for public comment.
Ms. Amy Satterfield, Executive Director of the Village of
Midlothian Volunteer Coalition, expressed the Coalition'S
support of the request. She stated the proposed development
is potentially the finest neo-traditional project to come
into the county and represents a unique opportunity to do the
right thing for the Village of Midlothian.
_._r
Mr. John Gibney, representing Mr. Thomas Cauble, an adjacent
property owner to the north, stated the project is not
properly integrated into the community. He further stated
the businesses along Midlothian Turnpike will be looking into
06-804
08/23/06
the garages and alleyways of the proj ect, resulting
unfair impact on the commercial viabi Ii ty of
properties.
in an
their
Mr. Tom Garner, an adjacent property owner to the south,
stated he strongly supports the project.
-
Mr. Will Shewmake, a resident of the Midlothian District,
stated he strongly supports the project, indicating that he
believes it is consistent with the Midlothian Area Community
Plan. He encouraged the Board to approve the proposed
development and also to revisit the Plan. He stated this
development represents an opportunity to promote further
commercial development in the Village of Midlothian.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Easter stated the developer has worked to ensure that
this is a quality project. He further Ms. Beirne has
requested that the developer consider additional
architectural standards along the northern property boundary,
indicating that the applicant is committed to addressing the
transition of the proposed development from the north.
-
In response to Ms. Beirne's question, Ms. Orr stated a
concern was expressed that rezoning of properties to
residential would impose additional buffering for the
adj acent commercial zoned properties. She further stated
staff has determined that 50-foot buffer requirements exist
on commercial properties to the north, whether or not the
zoning of the subject property changes.
Ms. Beirne stated, because of staff's concerns about
integration of the subject property with commercial
properties to the north, the applicant has been asked to
address issues regarding the garages that will back up to the
northern property line. She further stated staff has drafted
a condition and requested that Ms. Orr explain the new
condition.
Ms. Orr stated the condition will address architectural
standards of units along the northern property boundary.
In response to Mr. Miller's questions, Ms. Orr stated
businesses do not currently exist on the rear of the adjacent
R-7 properties along Midlothian Turnpike. She further stated
staff would try to integrate various project designs through
the site plan process as these properties develop.
Ms. Beirne inquired whether the applicant is agreeable to
imposition of the condition.
-
Ms. Orr read the text of the condition.
Mr. Easter stated the condition is acceptable.
In response to Mr. Miller's question, Mr. Easter stated the
applicant has agreed to a provision that the design
guidelines for the project could not be changed for a period
of at least ten years.
06-805
08/23/06
Ms. Beirne stated there have been significant negotiations
with this case; staff has acknowledged the demand for
residential development in the Midlothian Village area; and
the neighbors support the proposed development.
Ms. Beirne then made a motion, seconded by Mr. Warren, for
the Board to approve Case 06SN0144, subject to the new
condition and acceptance of the proffered conditions.
Mr. King called for a vote on the motion of Ms. Beirne,
seconded by Mr. Warren, for the Board to approve Case
06SN0144, subject to the following condition: -~
Restrictive Covenants. Prior to recordation of the initial
subdivision plat, the following restrictive covenants, in
addition to the Restrictive Covenants provided for the
Proffered Condition 11, shall be recorded:
Additional Architectural Standards for Buildings.
1. Any building exterior oriented towards the northern
property boundary shall have architectural details
and exterior finish materials consistent with the
front elevation of the principal structure.
2. Garages along the northern property boundary shall:
b.
a. have roof materials which may include slate,
three tab asphalt shingles and metal standing
seam;
have roof configurations in the form of
gables, and the gables shall face toward the
northern property line; and,
have roof pitches between 7:12 and 10:12.
--
c.
And, further, the Board accepted the following proffered
conditions:
The applicant in this rezoning case, pursuant to Section
15.2-2298 of the Code of Virginia (1950) (as amended) and the
Zoning Ordinance of Chesterfield County, for itself and its
successors or assigns (the "Applicant"), proffers that the
property under consideration (the "Property") will be
developed according to the following proffers if, and only
if, the rezoning request submitted herewith is granted with
only those conditions agreed to by the owner and Applicant.
In the event this request is denied or approved with
conditions not agreed to by the Applicant, the proffers shall
immediately be null and void and of no further force or
effect:
1.
Master Plan. The textual statement dated May 15, 2006,
and the Conceptual Layout prepared by Timmons Group,
dated November 1, 2005, shall be considered the Master
Plan. The site shall be developed in general
conformance with the Conceptual Layout. Conformance
shall require: minimi zed front setbacks from internal
roads; road connections to adjacent properties in the
general vicinity shown on the Conceptual Layout; use of
detached garages with alleys; road configurations
generally as shown on the Conceptual Layout unless
otherwise required by VDOT or the Chesterfield County
Transportation Department; interspersion of open space
-'"
06-806
08/23/06
throughout
fronting on
(P)
the
such
Property, wi th
open spaces to
adjacent townhouses
the extent feasible.
2.
Timbering. 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
permi t has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. (EE)
.-
3.
Public Water and Wastewater.
wastewater systems shall be used.
The public
(U)
water
and
4. Vehicular Access to Woolridge Road. Direct vehicular
access from the Property to Woolridge Road shall be
limited to one (1) public road (the "Site Road"). The
exact location of this access shall be approved by the
Transportation Department. (T)
5. Public Roads. All roads that accommodate general
traffic circulation through the development, as
determined by the Transportation Department, shall be
designed and constructed to VDOT standards and taken
into the State System. (T)
6. Detached Garages. Initially all townhouse units shall
have detached garages that are accessed from alleys at
the rear of the townhouse lots. (P)
-
7 . Sidewalks. Sidewalks and trails shall be provided to
facilitate pedestrian access within the development and
to adjacent development. Sidewalks shall be provided
generally along both sides of public roads that have
units fronting the road. (P)
8. Street Trees. Street trees shall be provided along both
sides of all public roads that have units fronting the
road. (P)
9. Building Orientation. With the exception of those units
located within 300 feet of Woolridge Road, any townhouse
unit located within fifty (50) feet of the northern
perimeter of the Property shall be oriented so that its
side or rear faces toward the northern property line.
( P)
10. Road Improvements. To provide an adequate roadway
system, the Developer shall provide the following road
improvements with initial development of the Property:
-
a. Construction of additional pavement along North
Woolridge Road at the Site Road intersection to
provide a right turn lane into the Property;
b. Modifications to the traffic signal at the North
Woolridge Road/Walton Park Drive/Site Road
intersection to provide for access to the Property;
c. Construction to VDOT standards and acceptance into
the State System of a two-lane road from a public
06-807
08/23/06
d.
road within the Property, as identified in
Proffered Condition 5, to Route 60, extending
generally along the eastern property line of
Midlothian Middle School ("North-South Road"), if
approved by the Chesterfield Transportation
Department and VDOT. Additional pavement shall be
provided for the North-South Road at its
intersection with Route 60, to provide a three-lane
typical section (one southbound lane and two
northbound lanes);
Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. In the event the Developer is unable to
acquire the "off-site" right-of-way that is
necessary for such improvements, the Developer may
request, in wri ting, that the County acquire such
right-of-way as a public road improvement. All
costs associated with the acquisition of the right
of way shall be borne by the Developer. In the
event the County chooses not to assist the
Developer in acquisition of the "off-site" right-
of-way, the Developer shall be relieved of the
obligation to acquire the "off-site" right-of-way,
and only provide road improvements that can be
accommodated within available right-of-way, as
determined by the Transportation Department. (T)
11. Restrictive Covenants. Prior to recordation of the
initial subdivision plat, restrictive covenants shall be
recorded that provide for the following:
a.
An architectural review committee ("ARC"), which,
until such time as the Property is fully built out,
shall include, in addition to the developer's
representatives and property owners, one member
selected by the Village of Midlothian Volunteer
Coalition and one member who is a licensed
architect.
b. Incorporation of the language set out In the
Architectural Guidelines attached as Exhibit A.
The restrictive covenants shall not be changed for
a period of ten (10) years from the date of the
issuance of the first building permit, and the
Architectural Guidelines shall not be changed
except by unanimous decision of the ARC;
c. Enforceability of the restrictive covenants by the
Village of Midlothian Volunteer Coali tion-- until
such time as the permanent occupancy permi t has
been issued for all residential units through
any applicable administrative process provided by
the restrictive covenants, through judicial review,
or through any other available legal remedy; and
d. Variation in Building Height: Townhome units shall
be either two (2) or three (3) stories in height,
not including any attic. In order to obtain
variety in building massing within the Project, no
more than 2/3 of the units may have the same number
of stories. Variety in massing may be achieved by
variations in the number of stories both within
06-808
08/23/06
"--"
"-,,'
~-,/
groups of
townhomes.
townhomes
(P)
and
between
groups
of
12. Impacts on Capital Facilities. The applicant,
subdivider, or assignee(s) shall pay the following to
the County of Chesterfield for infrastructure
improvements wi thin the service district for the
property:
-
a.
Prior to the issuance of a building permit for each
dwelling unit, the applicant, subdivider, or
assignee(s) shall pay to the County of Chesterfield
the following amounts for infrastructure
improvements wi thin the service district for the
property:
i) If paYment is made prior to July 1, 2006,
$15,600.00 per dwelling unit. At time of
paYment, $15,600.00 will be allocated pro-rata
among the facility costs as follows: $602.00
for parks and recreation, $348.00 for library
facilities, $8,915.00 for roads and $404.00
for fire stations and $5,331. 00 for schools;
or
-
ii) If paYment is made after June 30, 2006, the
amount approved by the Board of Supervisors
not to exceed $15,600.00 per dwelling unit
pro-rated as set forth in Proffered Condition
12.a.i. above and adjusted upward by any
increase in the Marshall and Swift Building
Cost Index between July 1, 2005, and July 1 of
the fiscal year in which the paYment is made.
iii) Cash proffer paYments shall be spent for the
purposes proffered or as otherwise permitted
by law. (B&M)
13. Geotechnical Report. A geotechnical report prepared by
a consultant who has had previous mining/geotechnical
experience in reclamation of mine shafts shall be
submi tted to the Environmental Engineering Department
prior to or in conjunction with any subdivision
submission. Upon review by Environmental Engineering,
or its designee, the report may either be accepted or
revisions requested and, if revisions are requested, the
report shall be resubmitted in the same manner for
review and acceptance by Environmental Engineering, or
its designee. The report shall include, but not be
limited to, the following:
a.
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 any mining pits or tailing heaps;
-
b. Fill-in/reclamation procedures; setbacks between
the perimeter of any shaft; and any other measures
intended to protect the health, safety, and welfare
of people and structures;
c. The impact of any horizontal shafts on construction
and future health, safety, and welfare issues;
06-809
08/23/06
d. The location and number of soil borings and depth
necessary to confirm that building sites are not
impacted by any horizontal shafts; and
e. The allowable building envelopes and location based
on the geotechnical recommendations.
All development on the Property shall comply with the
recommendations of the accepted report. Prior to final
subdivision approval, the developer shall submit to
Environmental Engineering evidence of compliance with
the recommendation of the geotechnical report. (EE)
~"
14. Landscaping Along Woolridge Road. Wi thin the setback
along Woolridge Road, landscaping shall be provided that
meets, at a minimum, the requirements of perimeter
landscaping E. (P)
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
06SN0237
In Dale Magisterial Dist.rict, WATERMARK TOWN CENTER LLC
requests rezoning and amendment of zoning district map from
Agricultural (A) and Residential (R-7) to Community Business
(C-3) with Conditional Use to permit multifamily and
townhouse uses plus Conditional Use Planned Development to
permit exceptions to Ordinance requirements. The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive plan suggests the
property is appropriate for mixed use corridor and
residential use of 1.0-2.5 dwelling units per acre. This
request lies on 112.2 acres fronting approximately 1,900 feet
on the west line of Iron Bridge Road approximately 350 feet
north of Willowbranch Drive, also lying at the southern
terminus of Manuel Street. Tax ID 771--677-3871.
-~/'
Mr. Robert Clay presented a summary of Case 06SN0237 and
stated staff recommended denial of the rezoning and
conditional use because the proposed zoning and land uses do
not conform to the Central Area Plan and are not
representative of or compatible with existing and anticipated
area development, and the proffered conditions do not
adequately address the impacts of the proposed development on
necessary capital facilities. He further stated staff also
recommended denial of the waiver to street connectivity
requirements and that Proffered Condi tion 6 not be accepted
because the standards by which an exception to street
connectivity should be granted have not been met. He noted
there was opposition at the Planning Commission; however,
staff now has a letter from the person in opposition that his
concerns have been addressed and he now supports the request.
He stated the Planning Commission recommended approval of
both the request for rezoning and conditional use and the
waiver to street connectivity requirements, indicating that
this proj ect provides a unique opportunity for tradi tional
neighborhood development in this area.
_/
Mr. John Cogbill, representing the applicant, provided
details of the proposed traditional neighborhood development,
which blends densities in a very good fashion. He stated the
06-810
08/23/06
-
Central Area Plan calls for integrated uses, indicating that
the proposed development includes stand-alone commercial
uni ts located in the center of the proj ect and along the
frontage. He further stated the proposed number of parking
spaces are greater than what smart growth development
indicates are necessary for this type of development, with
on-street parking, alley parking and garages. He stated, in
his opinion, the request is consistent with the cash proffer
policy, which allows the Board to consider development
proposals that include substantial upgrades to current design
standards and ordinance requirements as justification for
accepting reduced cash proffer payments with a pre-existing
lot yield. He further stated the developer is providing a
significant improvement over what is allowed under R-7
zoning; has imposed additional standards; provided additional
road improvements; and worked with the airport to provide a
Federal Aviation Administration study that approves the new
alignment of Kingsland Road. He stated the project would be
an asset to the county. He further stated, in his opinion,
connecti vi ty issues have been satisfied wi thin the proj ect,
indicating that extending existing subdivision roads to the
north would probably overburden them by causing them to
exceed 1500 trips per day. He stated the development has the
support of the neighbors and adjacent property owners and
requested the Board's approval of the request and waiver of
connectivity.
Discussion ensued relative to access points from the proposed
development and architectural standards for the project.
-
In response to Mr. Miller's question, Mr. McCracken stated
staff is satisfied with the proposed road connections.
Mr. King called for public comment.
Mr. C. L. Morrissette, Jr. stated he supports the proj ect.
He stated, in his opinion, Planning staff cannot legally make
recommendations to the Board.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Cogbill
applicant's
request.
stated
efforts
staff has been
to work through
very
issues
helpful in
surrounding
the
the
-
Mr. Miller expressed concerns that the R-7 zoned property
could be developed by right without proffered conditions. He
stated the project represents an upgrade in design standards,
which justifies reduction in the cash proffer for the R-7
zoned property. He further stated the proposal represents a
quality project, and he looks forward to having it in the
Dale District.
Mr. Miller then made a motion, seconded by Mr. Warren, for
the Board to approve Case 06SN0237 and accept the following
proffered conditions:
The Owners and the Developer (the "Developer") in this zoning
case, pursuant to Section 15.2-2298 of the Code of Virginia
(1950 as amended) and the Zoning Ordinance of Chesterfield
County, for themselves and their successors or assigns,
proffer that the development of the Property known as
06-811
08/23/06
Chesterfield County Tax Identification Number 771-677-3871
(the "Property") under consideration will be developed
according to the following condi tions if, and only if, the
rezoning request for C-3 with a conditional use planned
development (CUPD) is granted. In the event the request is
denied or approved wi th condi tions not agreed to by the
Developer, the proffers and conditions shall immediately be
null and void and of no further force or effect. If the
zoning is granted, these proffers and conditions will
supersede all proffers and conditions now existing on the
Property.
.~..'
1. Master Plan. The textual statement dated January 18,
2006, last revised June 14, 2006, shall be considered
the Master Plan. (P)
2. Utilities. The public water and wastewater systems
shall be used, except for model homes/sales offices not
in permanent dwellings and/or construction offices. (U)
3. Timbering. With the exception of timbering which has
been approved by the Virginia State Department of
Forestry for the purpose of removing dead or diseased
trees, there shall be no timbering until a land
disturbance permit has been obtained from the
Environmental Engineering Department and the approved
devices have been installed. (EE)
4.
Density. The maximum number of dwelling units developed
on the Property shall be 650. Commercial and office
uses shall be limited to a total maximum of 220,000
gross square feet. Of the 650 units, a maximum of 200
Small Lot Units, a maximum of 400 multi-family units,
and a maximum of 325 townhomes shall be permitted.
Within these maximums, the following minimums shall also
be provided: a minimum of fifty (50) townhomes; a
minimum of thirty (30) Small Lot Residential Uni ts; a
minimum of one hundred (100) apartments; and a minimum
of 50,000 square feet of non-residential uses provided
at least 20,000 square feet of the 50,000 square feet is
office. Any commercial or office square footage located
within the live/work units shall count toward the non-
residential minimums. (P)
_/
5. Location of Uses. Any permitted use may be permitted
within the same building, block, street, or section of
street in order to facilitate the mixed-use nature of
the development. Limitations to this provision are set
out in the Textual Statement. (P)
6. Connectivity. There shall be no connection to Hill Road
and Old Zion Hill Road from the Property. (P & T)
7. Lighting.
-,.
A. Except for decorative lighting attached to a
building, the maximum height of lampposts shall be
30 feet. Exterior lighting shall meet the
requirements of the Zoning Ordinance except that
porch lights, lamps, decorative, and period
lighting that is in keeping with the pedestrian
oriented character of Watermark shall be permitted.
06-812
08/23/06
B. Streetlight fixtures, poles, and lamp types shall
be consistent along a street. The selected
streetlight shall be compatible with the pedestrian
oriented character of Watermark. The exact type of
streetlight(s) and the locations shall be
determined at the time of site plan review. (P)
-
8. Open Space. At a minimum, the following Open Space
areas shall be provided:
A. Within the Property, a minimum of 15 percent of the
gross acreage shall be devoted to open space.
B. Of this open space, a minimum of 6.0 acres shall be
usable to accommodate recreational and social
gathering areas for residents and employees.
Facilities to accommodate these uses shall be
provided in the open space and can include, but not
be limited to, pavilions, gazebos, neighborhood
parks, trai 1 s, hardscaped areas wi th benches, and
other amenities to facilitate community use. This
open space shall include the clubhouse, which shall
serve as a focal point and gathering place for the
residents. Prior to the issuance of more than 300
residential certificates of occupancy, the
clubhouse and pool shall be completed.
C.
Of the 6.0 acres identified above, a minimum of 2.0
acres shall be located within Tract A and a minimum
of 2.0 acres shall be located within Tract B. This
acreage may be consolidated in one location or
scattered throughout the Tract, as determined at
the time of tentative subdivision or site plan
review. (P)
-
9. Age Restriction. Except as otherwise prohibited by the
Virginia Fair Housing Law, the Federal Fair Housing Act,
and such other applicable federal, state or local legal
requirements, dwelling units designated as age-
restricted shall be restricted to "housing for older
persons; as defined in the Virginia Fair Housing Law and
no persons under 19 years of age shall reside therein."
(P)
10. Senior Housing. Any dwelling units designated for
senior housing as defined in Proffered Condition 9 shall
be noted on the site plan or subdivision plat. Such
dwelling units shall be grouped together as part of the
same development section(s). (P)
-
11. Cash Proffers. The applicant, subdivider, or
assignee(s) shall pay the following to the County of
Chesterfield prior to the issuance of any residential
building permi t for infrastructure improvements wi thin
the service district for the Property in excess of 150
dwelling units:
A. $15,600.00 per dwelling unit if paid prior to July
1, 2006. Thereafter, such paYment shall be the
amount approved by the Board of Supervisors not to
exceed $15,600.00 per unit as adjusted upward by
any increase in the Marshall and Swift Building
Cost Index between July 1, 2005 and July 1 of the
fiscal year in which the paYment is made if paid
after June 30, 2006.
06-813
08/23/06
B.
Provided, however, that if any residential building
permits issued on the Property are for senior
housing, as defined in the proffer on age-
restriction, the applicant, sub-divider, or
assignee (s) shall pay $10,269.00 per unit to the
County of Chesterfield, prior to the time of
issuance of a residential building permit, for
infrastructure improvements within the service
district for the Property if paid prior to July 1,
2006. The $10,269.00 for any units developed shall
be allocated pro-rata among the facility costs as
follows: $602 for parks, $348 for library
facili ties, $404 for fire stations, and $8,915 for
roads. Thereafter, such paYment shall be the
amount approved by the Board of Supervisors not to
exceed $10,269 per unit as adjusted upward by any
increase in the Marsha11 and Swift Building Cost
Index between July 1, 2005 and July 1 of the fiscal
year in which the paYment is made if paid after
June 30, 2006.
-'
C. Cash proffer paYments shall be spent for the
purposes proffered or as otherwise permitted by
law. Should Chesterfield County impose impact fees
at any time during the life of the development that
are applicable to the Property, the amount paid in
cash proffers shall be in lieu of or credited
toward, but not in addition to, any impact fees, in
a manner as determined by the county. (B&M)
12. Access.
A.
Direct vehicular access from the Property to Iron
Bridge Road (Route 10) shall be limited to two (2)
public roads, including Kingsland Glen Extended.
Kingsland Glen Extended shall align the existing
crossover on Route 10 that serves Tucker Road. The
other public road shall generally be located
towards the southern Property line. The exact
location of these accesses shall be approved by the
Transportation Department.
-,,'
B. Prior to site plan or tentative subdivision
approval, whichever occurs first, an access plan
for Kingsland Glen Extended shall be submitted to
and approved by the Transportation Department.
Vehicular access from the Property to Kingsland
Glen Extended shall conform to the approved access
plan. (T)
13. Dedication. The following rights-of-way shall be
dedicated, free and unrestricted, to Chesterfield County
in conjunction wit.h recordation of the initial
subdivision plat or prior to the first site plan
approval or within sixty (60) days from the date of a
written request by the Transportation Department,
whichever occurs first:
A.
One hundred (100) feet of right-of-way on the west
side of Route 10 measured from the centerline of
the existing Route 10 right-of-way along that part
of Route 10 immediately adjacent to the Property.
-~-'
B. Seventy (70) foot wide right-of-way for an
east/west collector ("Kingsland Glen Extended")
from the western Property line, through the
Property to Route 10. The exact location of this
06-814
08/23/06
right-of-way shall be
Transportation Department.
approved
(T)
by
the
-
14. Transportation Improvements. To provide an adequate
roadway system, the Developer shall be responsible for
the following improvements. If any of the improvements
are provided by others then the specific required
improvement shall no longer be required of the
Developer. The exact design and length of these
improvements shall be approved by the Transportation
Department:
A.
Construction of an additional lane
along the southbound lanes of Route
entire Property frontage, exclusive of
lake area.
of pavement
10 for the
the existing
B. Construction of additional pavement along the
southbound lanes of Route 10 at each public road
intersection to provide separate right turn lanes,
based on Transportation Department standards.
C. Construction of additional pavement along the
northbound lanes of Route 10 at the crossover that
serves Kingsland Glen Extended to provide dual left
turn lanes, with additional pavement along
Kingsland Glen Extended to provide adequate
receiving lanes.
D. Construction of a sidewalk to VDOT standards along
Route 10 for the entire Property frontage,
exclusive of the existing lake area.
E. Construction of a two-lane road for Kingsland Glen
Extended, based on VDOT Urban Collector Standards
(40 MPH) with modifications approved by the
Transportation Department, from the western
Property line, through the Property to Route 10.
F. Construction of additional pavement along Kingsland
Glen Extended at its intersection with Route 10 to
provide a five-lane divided typical section (i.e.,
three (3) eastbound lanes and two (2) westbound
lanes) .
G. Full cost of traffic signalization at the Route
10/Kingsland Glen Extended/Tucker Road
intersection, if warranted, as determined by the
Transportation Department.
H.
Construction of additional pavement along Kingsland
Glen Extended at each approved access to provide
left and right turn lanes, if warranted, based on
Transportation Department standards.
-
I. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
in proffered condi tion 14. G. above. In the event
the Developer is unable to acquire any "off-site"
right-of-way that is necessary for the road
improvements described in this Proffered Condition,
the Developer may request, in writing, that the
County acquire such right-of-way as a public road
06-815
08/23/06
improvement. All costs associated with the
acquisition of the right-of-way shall be borne by
the Developer. In the event the County chooses not
to assist the Developer in acquisition of the "off-
site" right-of-way, the Developer shall be relieved
of the obligation to acquire the "off-site" right-
of-way and shall provide the road improvements
within available right-oE-way as determined by the
Transportation Department. (T)
15. Phasing Plan. Prior to any site plan or prior to
construction plan approval, whichever occurs first, a
phasing plan for the required road improvements, as
identified in Proffered Condition 14, shall be submitted
to and approved by the Transportation Department. (T)
16. Covenants. At a minimum, the restrictive covenants
shall contain language that addresses the following.
Such covenant shall remain in place as long as the
Property is used for residential purposes.
Future homeowners of the lots or units within the
Property will have notice of the location of the
Chesterfield County Airport and its proximi ty to the
Property. Any subdivision plat or location plan used in
any condominium documents shall note the location of the
Airport and its proximity to the Property. (P)
17. Public Roads. In tracts with townhouse and condominium
uses, all roads that accommodate general traffic
circulation through the development, as determined by
the Transportation Department, shall be designed and
constructed to VDOT standards and as set forth in the
Textual Statement, and taken into the State System. (T)
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
After brief discussion, Mr. Miller made a motion, seconded by
Mr. Warren, for the Board to approve the request for waiver
to street connectivity requirements to Hill Road and Old Zion
Hill Road for Case 06SN0237.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
suspended its rules to allow for consideration of agenda
items after 11:00 p.m.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
06SN0190
In Midlothian Magisterial District, GRAY LAND AND DEVELOPMENT
COMPANY, LLC requests rezoning and amendment of zoning
district map from Agricultural (A) and General Industrial (1-
2) to Community Business (C-3) with Conditional Use to permit
multifamily and townhouse uses plus Condi tional Use Planned
Development to permit exceptions to Ordinance requirements.
The density of such amendment will be controlled by zoning
06-816
08/23/06
.-
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for office/residential
mixed uses and residential use of one (1) dwelling or less
per acre. This request lies on 287.7 acres fronting
approximately 3,730 feet on the west line of Route 288
adjacent to powhatan County, also fronting a total of
approximately 606 feet on the east line of Huguenot Springs
Road approximately 1,650 feet north and approximately 150
feet south of Dragonade Trail. Tax IDs 713-712-Part of 8031;
715-714-4678; and 716-713-Part of 5414.
Ms. Peterson presented a summary of Case 06SN0190 and stated
staff recommends approval subj ect to the applicant reducing
residential densities north of the creek because the proposal
provides a unique opportunity for tradi tional neighborhood
development mixing commercial and residential uses to create
an urban lifestyle environment. She noted the proffered
conditions adequately address the impact of the proposed
development on capital facilities. She stated the Planning
Commission recommended approval and acceptance of the
proffered condi tions, noting that the proposed residential
densities north of the creek provide an appropriate
transition between the uses south and also to powhatan
County.
Ms. Ashley Harwell, representing the applicant, provided
details of the proposed development, including commercial and
office uses on Tract A; multi-family, townhouse and live/work
uni ts on Tract B; and residential orientation in Tract C.
She also provided details of open space and extensive
transportation improvements that will occur in conjunction
with the project. She stated the applicant has fully
addressed the impact of the proposed development on capital
facili ties and has met suggested cluster-design standards.
She further stated the applicant believes the proposed
density for Tract C is appropriate, indicating that it is
necessary to make the traditional neighborhood concept work
and is compatible wi th more recent zoning approvals in the
area. She further the applicant has requested a slight
reduction in parking space requirements, with use of as much
on-street parking as possible and provision of fewer parking
lots to minimize the addi tional impervious surface and the
need to treat additional storm water runoff. She requested
the Board's support of the project.
Mr. King called for public comment.
No one came forward to speak to the request.
On motion of Ms. Beirne, seconded by Mrs. Humphrey, the Board
approved Case 06SN0190 and accepted the following proffered
conditions:
-
The Owners and the Developer (the "Developer") in this zoning
case, pursuant to subsection 15.2-2298 of the Code of
Virginia (1950 as amended) and the Zoning Ordinance of
Chesterfield County, for themselves and their successors or
assigns, proffer that the development of the Property known
as Chesterfield County Tax Identification Number 715-714-
4678, 713-712-8031 (part), and 716-713-5414 (part) (the
"Property") under consideration will be developed according
to the following conditions if, and only if, the rezoning
request for rezoning to C-3, with a conditional use planned
06-817
08/23/06
development and a conditional use are granted. In the event
the request is denied or approved with conditions not agreed
to by the Developer, the proffers and conditions shall
immediately be null and void and of no further force or
effect. If the zoning is granted, these proffers and
condi tions wi 11 supersede all prof fers and conditions now
existing on the Property.
1. Master Plan. The Textual Statement dated November 14,
2005, and last revised June 29, 2006, the Zoning plan
titled "Zoning Map, Rose Tract (\illest), The Village of
Westchester, Midlothian, Virginia I " dated June 5, 2006,
prepared by Glave & Holmes Associates, and the
Conceptual plan titled "Conceptual Plan, Rose Tract
(West) , The Village of Westchester, Midlothian,
Virginia," dated June 5, 2006, prepared by Glave &
Holmes Associates, shall be considered the Master Plan.
The Master Plan shall be considered the schematic plan
set forth in zoning Ordinance Section 19-261. (P)
2. Timbering. with the exception of timbering, 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 the
Environmental Engineering Department and the approved
devices have been installed. (EE)
3. Density.
A. The maximum number of dwelling units permitted on
the Property shall be 1,600, of which a maximum of
400 dwelling units shall be permitted on Tract C
and a minimum of 100 dwelling units shall be
provided in Tract A.
B. Commercial and office uses shall be limi ted to a
total maximum of 350,000 gross square feet.
C.
Any commercial or office square
within the Live/Work units, as
Textual Statement, shall count
residential maximums.
footage located
defined in the
toward the non-
D. Until construction has begun on a minimum of 70,000
gross square feet of commercial and/or office uses
in Tract A, no more than a cumulative total of 900
residential dwelling uni ts shall be permitted
within Tracts A, B, and C. (Pl
4. Transportation Densi ty. The maximum densi ty of this
development shall be 250 single-family units, 1, 100
townhouses, 250 senior adult units - detached, 75,000
square feet of shopping center, 150,000 square feet of
general office, and 100 room hotel; or equivalent
density as determined by the Transportation Department.
(T)
5. Cash Proffers. The Developer, subdivider, or
assignee (s) shall pay the following to the County of
Chesterfield prior to the issuance of a building permit
for infrastructure improvements wi thin the service
district for the Property:
06-818
08/23/06
-
-
A.
$15,600.00 per dwelling unit if paid prior to July
1, 2006. At the time of payment, the $15,600 will
be allocated pro-rata among the facility costs as
follows: $5,331 for schools, $602 for parks and
recreation, $348 for library facilities, $8,915 for
roads, and $404 for fire stations. Thereafter,
such payment shall be the amount approved by the
Board of Supervisors not to exceed $15,600.00 per
unit as adjusted upward by any increase in the
Marshall and Swift Building Cost Index between July
1, 2005 and July 1 of the fiscal year in which the
payment is made if paid after June 30, 2006.
B.
Provided, however, that if any building permits
issued on the Property are for senior housing, as
defined in the proffer on age-restriction, the
applicant, sub-divider, or assignee(s) shall pay
$10,269.00 per unit to the County of Chesterfield,
prior to the time of issuance of a building permit,
for infrastructure improvements within the service
district for the Property if paid prior to July 1,
2006. The $10,269.00 for any units developed shall
be allocated pro-rata among the facility costs as
follows: $602 for parks, $348 for library
facili ties, $404 for fire stations, and $8,915 for
roads. Thereafter, such payment shall be the
amount approved by the Board of Supervisors not to
exceed $10,269 per unit as adjusted upward by any
increase in the Marshall and Swift Building Cost
Index between July 1, 2005 and July 1 of the fiscal
year in which the payment is made if paid after
June 30, 2006.
C. If, upon the mutual agreement of the Transportation
Department and the Developer, the Developer
provides road improvements (the "Improvements"),
other than those identified in Proffered Condition
10, then the transportation component in this
Proffered Condition shall be reduced by an amount
not to exceed the cost to construct the
Improvements so long as the cost is of equal or
greater value than that which would have been
collected through the payment(s) of the road
component of the cash proffer as determined by the
Transportation Department. Once the sum total
amount of the cash proffer credit exceeds the cost
of the Improvements, as determined by the
Transportation Department, thereafter the Developer
shall commence paying the cash proffer as set forth
in this Proffered Condition as adjusted for the
credi t. For the purposes of this proffer, the
costs, as approved by the Transportation
Department, shall include, but not be limited to,
the cost of right-of-way acquisition, engineering
costs, costs of relocating utilities and actual
costs of construction (including labor, materials,
and overhead) ("Work") . Before any Work is
performed, the Developer shall receive prior
wri tten approval by the Transportation Department
for the Improvements and any credit amount.
D.
Cash proffer payments
purposes proffered or
shall be spent for
as otherwise permitted
the
by
06-819
08/23/06
law. Should Chesterfield County impose impact fees
at any time during the life of the development that
are applicable to the Property, the amount paid in
cash proffers shall be in lieu of or credited
toward, but not in addition to, any impact fees, in
a manner as determined by the county. (B&M)
6. Age Restriction. Except as otherwise prohibited by the
Virginia Fair Housing Law, the Federal Fair Housing Act,
and such other applicable federal, state or local legal
requirements, dwelling units designated as age-
restricted shall be restricted to "housing for older
persons" as defined in the Virginia Fair Housing Law and
no persons under 19 years of age shall reside therein.
(B&M)
7. Senior Housing. Any dwelling units designated for
senior housing as defined in Proffered Condition on age-
restriction shall be noted on the site plan and/or on
any subdivision plat. Such dwelling units shall be
grouped together as part of the same development
section(s). (P)
8. Dedication. The following rights-of-way shall be
dedicated, free and unrest.ricted, to Chesterfield
County, prior to, or in conjunction with recordation of
the initial subdivision plat or prior to any first site
plan approval or within sixty (60) days from a written
request by the Transportation Department, whichever
occurs first. The exact location of these rights-of-way
shall be approved by the Transportation Department.
A. Dedication of a ninety (90) foot wide right-of-way
for the proposed east-west maj or arterial ( "Road
A") from Watkins Centre Parkway to Route 60.
B. Dedication of a ninety (90) foot wide right-of-way
for the proposed east-west major arterial ("Road
B") from Road A to Huguenot Springs Road.
C. Dedication of forty-five (45) feet of right-of-way
from the centerline of Huguenot Springs Road along
that part of Huguenot Springs Road immediately
adjacent to the Property. (T)
9. Access.
A. No direct vehicular access, except for Road Band
access for emergency or construction shall be
provided from the Property to Huguenot Springs
Road.
B. Prior to any site plan or in conjunction with
tEmtative subdivision review, an access plan from
the Property to Watkins Centre Parkway, Road A, or
Road B, shall be submitted to and approved by the
Transportation Department. Vehicular access from
the Property to these roads shall conform to the
approved access plan. Prior to any site plan
approval for Tract D, an access easement acceptable
to the Transportation Department shall be recorded
and/or a right-of-way dedicated to Chesterfield
County, as determined by the Transportation
06-820
08/23/06
Department, from Road A across Tract D to the
adjacent properties. (T)
10. Road Improvements. To provide an adequate roadway
system, the Developer shall be responsible for the
following improvements. If any of the improvements are
provided by others, as determined by the Transportation
Department, then the specific required improvement shall
no longer be required of the Developer. The exact
design and length of these improvements shall be
approved by the Transportation Department.
-
-
A.
Construction of a four-lane divided
Urban Minor Arterial Standards
modifications approved by the
Department, for Road A from Watkins
to Route 60.
road, to VDOT
(50MPH) with
Transportation
Centre Parkway
B. Construction of a two-lane road, to VDOT Urban
Minor Arterial Standards (50MPH) with modifications
approved by the Transportation Department, for Road
B from Road A to Huguenot Springs Road.
C.
Improve/widen the east side of Huguenot Springs
Road for the entire Property frontage to an eleven
(11) foot wide travel lane, measured from the
existing centerline of the road, with an additional
one (1) foot wide paved shoulder plus a seven (7)
foot wide unpaved shoulder, and overlaying the full
width of the road with one and one half (1.5)
inches of compacted bi tuminous asphalt concrete,
wi th modifications approved by the Transportation
Department.
D. Construction of additional pavement along Huguenot
Springs Road at the Road B intersection to provide
left and right turn lanes.
E. Construction of additional pavement along Watkins
Centre Parkway, Road A, and Road B at each approved
access, including the Road A/Road B intersection,
to provide left and right turn lanes, based on
Transportation Department standards.
F.
Construction of a new crossover
serve Road A, if approved by VDOT,
turn lanes in both eastbound
directions.
on Route 60 to
including left
and wes tbound
G. Construction of additional pavement along Route 60
at the Watkins Centre Parkway and at the Road A
intersections to provide right turn lanes.
H. Construction of additional pavement along Watkins
Centre Parkway at its intersection with Route 60,
to provide a six-lane typical section (i. e., two
(2) northbound lanes and four (4) southbound
lanes) .
I. Construction of additional pavement along Road A at
its intersection with Route 60, to provide a six-
lane typical section (i.e., two (2) northbound
lanes and four (4) southbound lanes) .
06-821
08/23/06
J. Construction of four (4) lane di vided road
including two (2) roundabouts for Watkins Centre
Parkway to Urban Minor l\rterial Standards (5 OMPH)
with modifications approved by the Transportation
Department, from Route 60 to Roundabout 3, as
generally shown on Exhibits A and B.
K. Construction of an additional westbound lane along
Route 60 from the end of the Route 288 southbound
ramp to a point beyond the Watkins Centre Parkway
intersection for a distance of approximately 1,000
feet.
L. Full cost of traffic signalization at the Route 60
and Watkins Centre Parkway intersection; at the
Road B and Huguenot Springs Road intersection; at
the Road A and Road B intersection; at the Road A
and the Route 60 intersection; and at each approved
access onto Road A and onto Road B, if warranted,
as determined by Transportation Department.
M. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. In the event the Developer is unable to
acquire any "off-site" right-of-way that is
necessary for the road improvements described in
this Proffered Condi tion, the Developer may
request, in wri ting, that the County acquire such
right-of-way as a public road improvement. All
costs associated with the acquisition of the right-
of-way shall be borne by the Developer. In the
event the County chooses not to assist the
Developer in acquisi tion of the "off-si te" right-
of-way, the Developer shall be relieved of the
obligation to acquire the "off-site" right.-of-way
and shall provide the road improvements within
available right-of-way as determined by the
Transportation Department. (T)
11. Phasing Plan. Prior to any site plan or prior to
construction plan approval, whichever occurs first, a
phasing plan for the required road improvements, as
identified in Proffered Condition 10, shall be submitted
to and approved by the Transportation Department.
Unless otherwise mutually agreed upon by the
Transportation Department and the Developer with
supporting traffic study as required by the
Transportation Department, the approved phasing plan
shall require, among other things, t.hat:
A. In conjunction with initial development, a four-
lane divided road for Road A from Route 60 to
Watkins Centre Parkway and a two-lane road for Road
B from Road A to Huguenot Springs Road including
turn lanes and traffic signals for both roadways as
determined by the Transportation Department, as
described in Proffered Conditions 10.A, B, E, F, G,
I and L, shall be completed, as determined by the
Transportation Department.
06-822
08/23/06
B.
Prior to recordation or si te plan approval for a
cumulative total of more than 900 residential units
and 35,000 square feet of commercial and/or office
uses, a four-lane divided road for Watkins Centre
Parkway, from Route 60 to Roundabout 2 at Road A,
as generally shown on Exhibits A and B, including a
roundabout, turn lanes and a traffic signal as
determined by the Transportation Department, as
described in Proffered Conditions 10.G, H, J and L,
shall be completed as determined by the
Transportation Department.
-
C. In conjunction with any development that includes
Road B to Huguenot Springs Road, improvements to
and turn lanes along Huguenot Springs Road as
described in Proffered Conditions 10. C and D shall
be completed as determined by the Transportation
Department. (T)
12. Route 288 Setback. A setback distance of two hundred
(200) feet for a residential unit or lot, exclusive of
required yards, shall be provided from the limited
access right-of-way for Route 288, unless a noise study
demonstrates that a lesser distance is acceptable as
approved by the Transportation Department. Natural
vegetation shall be retained within the setback area
unless approved by the Planning Commission. (T)
-
13. Restrictive Covenant. At a minimum, the restrictive
covenants shall contain language that addresses the
following issues. Such restrictive covenants shall be
recorded prior to, or in conjunction with, the
recordation of any subdivision plat and/or site plan
that are adjacent to the following Chesterfield County
Tax Identification Numbers 713-713-3477, 713-714-1250,
713-715-2505, 713-715-9894, 714-715-0732, 714-715-3790,
714-716-5343, 714-716-6785, 714-717-9430, 715-717-3158,
and 713-713-0255:
A. In Tract C, Townhouses shall not be permitted
within two hundred (200) feet of the property line
that is shared in common with the Property and any
of the parcels listed above.
B. In Tract B and Tract C, a minimum of fifty (50)
feet of Open Space shall be provided along the
property 1 ine that is shared in common wi th the
Property and any of the parcels listed above. This
Open Space area shall be owned by a Property Owners
Association within the Development and retained as
a buffer, except that (i) the removal of dead or
diseased vegetation and (ii) utility or drainage
easements shall be permitted. For any residential
building lot which abuts this Open Space, a privacy
fence, a minimum of five (5) feet in height, shall
be constructed generally along the property line of
each lot which abuts the Open Space. (P)
14. VDOT Standards. All roads that accommodate general
traffic circulation through tracts that are developed
for single-family, townhouse or condominium uses, as
determined by the Transportation Department, shall be
06-823
08/23/06
designed and constructed to VDOT standards and taken
into the State System. (T)
Ayes: King, Miller, Beirne, Humphrey a.nd Warren.
Nays: None.
06SN0298
In Bermuda Magisterial District, CHESTER UNITED METHODIST
CHURCH requests Conditional Use Planned Development and
amendment of zoning district map to permit exceptions to
Ordinance requirements. The density of such amendment will
be controlled by zoning condi tions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for residential use of 2.5 dwellings per acre or less. This
request lies in a Residential (R-7) District on 1.9 acres
fronting approximately 200 feet on the west line of Percival
Street, fronting approximately 270 feet on the south line of
School Street, also fronting approximately 200 feet on the
north line of Dodomeade Street and located at the
intersection of these roads. Tax IDs 789-653-4492 and 789-
654-5307.
Ms. Peterson presented a summary of Case 06SN0298 and stated
staff recommends denial because the requested parking
exception does not ensure provision of an adequate number of
parking spaces, and alternatives exist for the provision of
off-site parking. She further stated the Planning Commission
unanimously recommended approval.
Mr. George Bryant, representing the applicant, requested the
Board's approval of the church's request.
Mr. King called for public comment.
No one came forward to speak to the request.
On motion of Mr. King, seconded by Ivfr. Warren I the Board
approved Case 06SN0298.
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
06SN0301
In Bermuda Magisterial District, TASCON IRONBRIDGE LLC
requests amendment to Conditional Use Planned Development
(Case 04SN0314) and amendment of zoning district map to
permit single family dwellings not located on individual lots
in Tract B. 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 7.0 dwellings per acre or more. This
request lies in a Multifamily ResidEmtial (R-MF) District on
13.4 acres fronting approximately 500 feet on the east line
of Chalkley Road approximately 700 feet north of Iron Bridge
Road. Tax IDs 779-654-7016 and 780-654-0821, 1940 and Part
of 0208.
Ms. Peterson presented a summary of Case 06SN030l and stated
staff recommends approval subject to the applicant addressing
06-824
08/23/06
the impact of the request on capital facilities. She further
stated the Planning Commission recommended approval and
acceptance of the proffered conditions, noting that the
amendment does not increase the number of units currently
permitted by conditions of zoning. She noted there was
support at the Planning Commission's public hearing.
Mr. Andy Scherzer, representing the applicant, stated the
Planning Commission's recommendation is acceptable.
Mr. King called for public comment.
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mr. Miller, the Board
approved Case 06SN0301 and accepted the following proffered
conditions:
1.
Master Plan.
and revised
Master Plan".
The textual statement dated April 11, 2006
July 5, 2006, shall be considered "The
(P)
(Staff Note: This Textual Statement replaces Item II of
the Textual Statement approved as part of Case 04SN0314
for Tract B. All other previous condi tions of Case
04SN0314 shall remain in effect.)
2. Dwelling Size. All single family dwelling units located
on Tract B shall have a minimum gross floor area of
1,500 square feet. (P)
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
18. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. C. L. Morrissette, Jr. addressed the Board relative to a
proffered condi tion relating to the zoning of five lots he
owns on Beach Road.
19. ADJOURNMENT
On motion of Mr. King,
adj ourned at 11: 29 P . m .
p.m.
seconded by Mr. Miller, the Board
until September 27, 2006 at 4: 00
Ayes: King, Miller, Beirne, Humphrey and Warren.
Nays: None.
.-
R. M. "Dickie"
Chairman
Lane B. Ramsey
County Administrat
06-825
08/23/06