11-21-2006 Minutes
BOARD OF SUPERVISORS
MINUTES
November 21, 2006
Supervisors in Attendance:
Mr. R. M. "Dickie" King, Jr.,
Chairman
Mr. Kelly E. Miller, Vice Chrm.
Mrs. Renny Bush Humphrey
Mr. Donald D. Sowder
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. Kevin Bruny, Dean,
Chesterfield University
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Jonathan Davis, Dir.,
Real Estate Assessments
Mr. Will Davis, Dir.,
Economic Development
Ms. Rebecca Dickson, Dep.
County Administrator for
Human Services
Ms. Deborah Dugger, Dir.,
Youth Group Home
Ms. Lisa Elko, CMC,
Clerk
Ms. Karla Gerner, Dir.,
Human Resource Mgmt.
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Thomas E. Jacobson,
Dir., Revitalization
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Louis Lassiter, Dir.,
Internal Audit
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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Dr. Marcus Newsome, Supt.
of Schools
Mr. Francis Pitaro, Dir.,
General Services
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Kirk Turner, Dir.,
Planning
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Mr. King called the regularly scheduled meeting to order at
4:03 p.m.
1. APPROVAL OF MINUTES FOR NOVEMBER 8, 2006
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved the minutes of November 8, 2006, as submitted.
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
2 . COUN'l'Y ADMINISTRATOR I S COMMENTS
2. A. COMPREHENSIVE ANNUAL FiNANCIAL REPORT PRESENTATION
Mr. Ramsey introduced Ms.
partner from KPMG, LLP.
Elizabeth Foster,
engagement
Ms. Foster stated the FY2006 audit is officially complete,
and all opinions issued were unqualified. She further stated
an audit was performed of federal funds, which revealed
insignificant findings.
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Mr. King thanked Ms. Foster for her efforts in the auditing
process. He also commended Mr. Ramsey and county staff on
the favorable results of the audit.
Mr. Ramsey commended all staff involved in the audit process
for outstanding performance.
2.B. VIRGiNIA STATE UNIVERSITY MASTER PLAN PRESENTATiON
President Eddie Moore, Virginia State University, provided
details of the recently adopted Campus Master Plan for
Virginia State University. He stated improvements proposed
in the plan include expansion, renovation and replacement of
existing buildings and dormitories; closing/removal of
various roads and proposed traffic circulation; enhanced
landscaping; additional office space and dormitories;
acquisition of land; and development of a campus landmark and
convocation and performing arts centers. He further stated
the total cost of the improvements is approximately $l
billion. He reviewed short, mid- and long-term goals of the
university. He requested that the county provide assistance
in acquiring property; support for the convocation center;
information regarding the county's plans for widening River
Road and ultimately Chesterfield Avenue and the kinds of
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business that the county plans
area, which will assist VSU
buildings; and expanded police
Action Program.
to attract
in planning
presence in
to the Ettrick
for mixed-use
the Corrununi ty
Discussion ensued relative to the impact of the BRAC
expansion on the university.
-
President Moore congratulated Mr. Stith, who will be honored
on December 16, 2006 at VSU with an honorary doctorate award.
Mr. Jacobson introduced Ms. Laura Lee Garrett, Urban Land
Institute Technical Assistance Panel Chairperson, to review
the recommendations of the panel relative to Chesterfield
Avenue in Ettrick as it relates to VSU's master plan.
Ms. Garrett highlighted several
recommendations for Chesterfield
streetscape improvements; additional
retail services.
of the
Avenue,
signage;
ULI panel's
including
and expanded
3. BOARD MEMBER REPORTS
There were no Board member reports at this time.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, OR
CHANGES IN THE ORDER OF PRESENTATION
,-
On motion of Mr. Warren, seconded by Mr. King, the Board
added Item 8.C.7., Approval of Purchase of a Parcel of Land
for Reams/Gordon Library; added Item 8.C.8., Approval of
Purchase of Two Parcels of Land for Reams/Gordon Library; and
adopted the Agenda, as amended.
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
5. RESOLUTIONS AND RECOGNITIONS
o RECOGNIZING CAREER DETECTIVE RICHARD R. REID, JR., POLICE
DEPARTMENT, UPON HIS RETIREMENT
Colonel Baker introduced Career Detective Richard Reid, who
was present to receive the resolution.
On motion of the Board, the following resolution was adopted:
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WHEREAS, Career Detective Richard R. Reid, Jr. will
retire from the Chesterfield County Police Department on
December 1, 2006, after providing 26 years of quality service
to the citizens of Chesterfield County; and
WHEREAS, Detective Reid has faithfully served the county
in the capacity of Patrol Officer, Investigator Sergeant,
Detective, Detective 1st Class, Senior Detective, Master
Detective and Career Detective; and
WHEREAS, during his tenure, Detective Reid has served as
a General Instructor, Field Training Officer, Hostage
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Negotiator, Search and Rescue Coordinator and member of the
Marine Patrol; and
WHEREAS, Detective Reid served as a member of numerous
Homicide Task Forces, including the Cloverleaf Mall Homicide
Task Force, Newby's Court Homicide Task Force, Williamson
Murder Task Force, and the 288 Auto Murder Task Force; and
WHEREAS, Detective Reid was deputized to serve as a
member of the Capital Area Regional Fugitive Task Force; and
WHEREAS, Detective Reid received a Unit Citation Award
as a member of the Fugitive Section for his dedication to
duty and tireless efforts in bringing criminals to justice,
whereby approximately 1,000 warrants were served; and
_/
WHEREAS, Detective Reid received an Award of
Commendation for distinguishing himself in the resolution of
a major case of vandalism perpetrated against the residents
of Chesterfield County, where a total of 72 reports of
vandalism resulted in over $18,000 worth of damage, and due
to the skills, abilities and dedication of Detective Reid and
other team members, all 72 cases were cleared, and in
addition, the City of Hopewell was able to clear 35 similar
vandalism cases; and
WHEREAS, Detective Reid has received numerous letters of
thanks and appreciation for service rendered from the
citizens of Chesterfield County; and
WHEREAS, Detective Reid has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
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WHEREAS, Chesterfield County and the Board of
Supervisors will miss Detective Reid's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 21st day of November 2006,
publicly recognizes Career Detective Richard R. Reid, Jr.,
and extends on behalf of its members and the citizens of
Chesterfield County, appreciation for his 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 Detective Reid and that
resolution be permanently recorded among the papers of
Board of Supervisors of Chesterfield County, Virginia.
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
this
this
this
Mr. King presented the executed resolution and a Jefferson
Cup to Detective Reid, accompanied by Colonel Baker,
expressed appreciation for his outstanding service to the
county, and wished him well in his retirement.
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Detective Reid stated he is blessed to have had a career with
the Chesterfield Police Department.
6. WORK SESSIONS
There were no work sessions at this time.
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7 . DEFERRED ITEMS
There were no deferred items at this time.
8. NEW BUSINESS
8.A. FY2006 RESOLTS OF OPERATiONS REPORT
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Mr. Carmody presented a summary of FY2006 Results of
Operations. He reviewed excess revenue and expenditure
savings that resulted in positive results. He then reviewed
staff's recorrunendations for both county and school use of the
surplus funds in FY2007 and FY2008.
In response to Mr. Miller's question, Mr. Carmody stated the
FY2008 budget has been built around an estimated 15 percent
increase in real estate assessments.
Discussion ensued relative to the funding designated for
school security and safety upgrades.
.-
Mr. Newsome expressed concerns relative to inadequate
security at county schools with trailers. He stated a task
force was put together with school and police personnel to
address this issue, indicating that there will be an ongoing
process for safety audits at the schools. He noted the
proposed funding represents a minimum requirement to begin
the process of addressing security issues, and additional
resources will be needed in the future to address this
escalating need. He stated the funding will be used to
secure the doors at schools wi th trailer classrooms, place
moni tors at the entrance of all the elementary schools so
that staff will know who is coming and going from the
building, and provide additional monitors and surveillance
cameras in middle and high schools.
On motion of Mr. King, seconded by Mr. Miller, the Board set
the date of December 13, 2006 at 7: 00 p.m. for a public
hearing for the Board to consider amending the FY2007 budget
to increase the transfer to Schools by $5 million for
security upgrades and bus and vehicle replacements.
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
In response to Board members' questions, Mr. Ramsey stated
the Board is being requested to designate funding at this
time, but will not actually make the appropriations until the
FY2008 budget is adopted.
-
On motion of Mr. King, seconded by Mr. Miller, the Board
designated $5,500,000 to address the FY2007 impact of a
potential reduction in the 2007 real estate tax rate;
designated $5,000,000 for use in FY2008 as a transfer to
capital projects; designated $1,815,000 for use in FY2008 to
address non-recurring needs in county departments; designated
$2,700,000 for use in FY2007 for security and safety upgrades
in all middle and elementary schools; designated $2,300,000
for use in FY2007 for non-recurring expenses (bus and vehicle
replacements); and designated $4, 184,000 for School Capital
Projects in the FY2008 Capital Improvement Program.
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
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8. B. APPOINTMENTS
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment of a member to serve on the Richmond
Regional Planning District Commission and the Richmond
Metropolitan Transportation Planning Organization.
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
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o RICHKOND REGIONAL PLANNING DIS'l'RIC'.l'COHM:ISS:IONAND THE
RICHKOND METROPOLITAN TRANSPORTAT:ION.PLANN:ING
ORGANIZATION
On motion of Mr. Miller, seconded by Mr. Warren, the Board
simultaneously nominated/appointed Mr. Donald D. Sowder to
serve on the Richmond Regional Planning District Commission
and the Richmond Metropolitan Transportation Planning
Organization, whose term is effective immediately and expires
December 31, 2007.
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
8. C . CONSENT ITEMS
8.C.1. SET DATE FOR PUBLIC HEAR:INGS
8.C.1.b. TO CONSIDER PROPOSED ~S TO WATER QUALITY
ORD:INANCES IN THE UPPER. SW:II'T CREEK WAT:E:RSHED
On motion of Mr. Miller, seconded by Mr. King, the Board set
the date of December 13, 2006 at 7: 00 p.m. for a public
hearing for the Board to consider amendments to the water
quality ordinances in the Upper Swift Creek Watershed.
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Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
8. C .1. c . TO CONS:IDER THE CONVEYAN'CB OJ'LBASES OF REAL
PROPERTY AT VARIOUS PAlU(. SIftS> AND ATHLJ:T:IC
COMPLEXES FOR OPERAT:IONOF I'OOnCONC:E:SS:IONS BY
CO-SPONSORED ATHLETIC ASSOC:IATIONS AND LEAGUES
On motion of Mr. Miller, seconded by Mr. King, the Board set
the date of December 13, 2006 at 7: 00 p.m. for a public
hearing for the Board to consider the conveyance of leases of
real property at various park sites and athletic complexes
for operation of food concessions by co-sponsored athletic
associations and leagues.
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
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8.C.1.d. TO CONSIDER AMENDMENT TO SECTION 19-25 OF THE
COUN'l'Y CODE RELATING TO, '~:IN<3 DEPAR'l"lQmT FEE
:E:XEMPTIONS FOR QUALIFY:ING. PROI:Jt!tTY IN THE
JEFFERSON DAVIS ANDWAL'1'HALLBNTERPRI8E SUBZONES
On motion of Mr. Miller, seconded by Mr. King, the Board set
the date of December 13, 2006 at 7: 00 p.m. for a public
hearing for the Board to consider an amendment to Section 19-
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25 of the County Code relating to Planning Department fee
exemptions for qualifying property in the Jefferson Davis and
Walthall Enterprise Subzones.
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
8.C.2. STATE ROAD ACCEPTANCE
On motion of Mr. Miller, seconded by Mr. King, 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
WHEREAS, the Resident Engineer for
Department of Transportation has advised
street meets the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
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AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Tvoe Change to the Secondarv Svstem of State Hlahwavs:
Addition
Basis for Change:
Addition, Secondary System, New subdivision street
Statutory Reference:
S33.1-229
Project:
Greenbriar Woods, Section 1; remainder of
.
Overrldge Drive, State Route Number: 1199
From:
Finney PI., (Rt. 7036)
To:
0.6 mi. SWof Finney PI., (Rt. 7036), 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
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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
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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 below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginial and the
Department's Subdivision Street RequiE~m~!lts.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER R.ESOLVED, 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 Re.ference:
133.1-229
Project:
Barrow Place, Section 2
.
Stonegate Road, State Route Number: 1238
From:
0.16 mi. E of Barrow PI., (Rt. 1244)
To:
Stonegate Ct., (Rt. 7122), a distance of: 0.04 miles,
Right-of-way record was filed on 3/29/2001 with the Office Of Clerk To Circuit Court in Pb 116. P!J 28,
with a width of 50 feet
.
Stonegate Court, State Route Number: 7122
From:
Stonegate Rd., (Rt. 1238)
To:
Cul-de-sac, a distance of: 0.10 miles.
Right-of-way record was filed on 3/29/2001 with the Office Of Clerk To Circuit Court in Pb 116, Pg .28,
with a width of 50 feet
. Stonegate Road, State Route Number: 1238
From: Stonegate Ct., (Rt. 7122)
To: Cul-de-sac, a distance of: 0.13 miles.
Right-of-way record was filed on 3/29/2001 with the Office Of Clerk To Circuit Court in Pb 116, Pg 28,
with a width of 50 feet
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
8.C.3. AWARD OF CONSTRUCTION CONTRACTS
8. C . 3 . a. FOR THE SWIFT CREEK DAM SHORELINE STABILIZATION
PROJECT TO FANS LAND SERVICES, LLC
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On motion of Mr. Miller, seconded by Mr. King, the Board
awarded a construction contract to Fans Land Services, LLC,
in the amount of $137,640, for the Swift Creek Dam Shoreline
Stabilization Project; authorized a transfer of $50,000 from
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11/21/06
the water fund balance; and authorized the
Administrator to execute the necessary documents.
County
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
8.C.3.b. FOR THE CHESDIN WEST PUMPING STATION
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On motion of Mr. Miller, seconded by Mr. King, the Board
awarded a construction contract, in the amount of $6,223,111
to Southwood Builders, Incorporated for the Chesdin West
Pumping Station Project; transferred $2,050,000 from 5H-
58350-050147E to 5H-58350-050148Ei and authorized the County
Administrator to execute the necessary documents.
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
8.C.4. ACCEPTANCE OF A PARCEL OF LAND ALONG THE NORTH RIGHT
OF WAY LINE OF BAILEY BRIDGE ROAD FROM CLOVER HILL
ASSEMBLY OF GOD CHURCH
e_
On motion of Mr. Miller, seconded by Mr. King, the Board
accepted the conveyance of a parcel of land containing 0.0745
acres along the north right of way line of Bailey Bridge Road
(State Route 654) from Clover Hill Assembly of God Church,
and authorized the County Administrator to execute the deed.
(It is noted a copy of the plat is filed with the papers of
thi s Board.)
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
8.C.5. REQUESTS FOR PERMISSION
8. C. 5 . a. FROM AUDRA BRANZELLE, FORMERLY AUDRA D. SHIVELY,
TO INSTALL A PRIVATE WATER SERVICE WITHIN A
PRIVATE EASEMENT TO SERVE PROPERTY ON HAPPY HILL
ROAD
On motion of Mr. Miller, seconded by Mr. King, the Board
approved a request from Audra Branzelle, formerly Audra D.
Shively, for permission to install a private water service
within a private easement to serve property at 14021 Happy
Hill Road, 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.)
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
8.C.5.b. FROM AMPLE STORAGE JEFF DAVIS, LLC FOR EXISTING
CONCRETE PAVING TO ENCROACH WITHIN A SIXTEEN-FOOT
WATER EASEMENT AND A VARIABLE WIDTH WATER EASEMENT
On motion of Mr. Miller, seconded by Mr. King, the Board
approved a request from Ample Storage Jeff Davis, LLC for
permission for existing concrete paving to encroach within a
16-foot water easement and a variable width water easement,
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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. )I
Ayes: King, Miller, Humphrey, Sowder and Warren,
Nays: None.
8.C.6. ADOPTION OF RESOLUTIONS
8.C.6.a. RECOGNIZING FIREFIGHTER WILLIAM M. CRUMP,
CHESTERFIELD FIRE AND EMERG:E:Ncy MEDICAL SERVICES
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Miller, seconded by Mr. King I the Board
adopted the following resolution:
WHEREAS, Firefighter WilliamM. Crump will retire from
the Fire and Emergency Medical Services Department,
Chesterfield County, on December 1, 2006; and
WHEREAS, Firefighter Crump attended Recrui t School #10
in 1979 and has faithfully served the county for over 27
years in various assignments as a Firefighter at the Ettrick,
Manchester, Dutch Gap, Bensley, Wagstaff, Bon Air, Matoaca,
and Swift Creek Fire & EMS Stations; as a
Firefighter/Paramedic at Forest View Station #2 and as a
Firefighter/Assistant Fire Marshal in the Fire Marshal's
Office of the Fire and Life Safety Division; and
~iEREAS, Firefighter Crump was
development and implementation of the
program; and
instrumental
department's
in the
fitness
WHEREAS, Firefighter Crump was recognized
Department of Agriculture Forest Service
deployment to fight wild land fires in Montana
August 1988; and
by the U. S .
during his
and Idaho in
WHEREAS, Firefighter Crump was recognized in February
2000 and in September 2003 with Emergency Medical Services
awards for his role in saving the Jives of citizens suffering
from cardiac arrests.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Firefighter William M. Crump, expresses 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, Humphrey, Sowder and Warren,
Nays: None.
8.C. 6.b. RECOGNIZ:ING MR. BENJAMIN WELLS UPON ATTAINING THE
RANK OF EAGLE SCOUT
On motion of Mr. Miller, seconded by Mr. King, the Board
adopted the following resolution:
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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 project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Benjamin Barksdale Wells, Troop 286,
sponsored by Trinity United Methodist 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, Benjamin 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 recognizes Mr. Benjamin Barksdale
Wells, 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, Humphrey, Sowder and Warren.
Nays: None.
8 . C. 7. APPROVAL OF PURCHASE OF A PARCEL OF LAND FOR
REAMS/GORDON LIBRARY
On motion of Mr. Miller, seconded by Mr. King, the Board
approved the purchase of a parcel of land containing 9.1
acres, more or less, for $90,000 per acre, from James W.
Craze, for Reams/Gordon Library, and authorized the County
Administrator to execute the sales contract and deed. (It is
noted a copy of the plat is filed with the papers of this
Board. )
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
8 . C. 8 . APPROVAL OF PURCHASE OF TWO PARCELS OF LAND FOR
REAMS/GORDON LIBRARY
On motion of Mr. Miller, seconded by Mr. King, the Board
approved the purchase of two parcels of land containing a
total of 2.5 acres, more or less, for $300,000, from Melba H.
Waldron, for Reams/Gordon Library, and authorized the County
Administrator to execute the sales contract and deed. (It is
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noted a copy of the plat is filed with the papers of this
Board. )
Ayes: King, Miller, Humphrey, Sowder and Warren..
Nays: None.
The following item was removed from the Consent Agenda. for
Board discussion:
8.C.1.a TO CONSIDER AMENDING AN ORDINANCE TO PROHIBIT
GRASS, WEEDS AND BRUSH EXCEEDING EIGHTEEN INCHES
IN HEIGHT ON VACANT PROPERTY ZONED AGRICULTURAL
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Mrs. Humphrey requested that photo9raphs of what the Board is
considering to prohibit be provided at the DecE~mber 13th
public hearing.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
set the date of December 13, 2006 at 7: 00 p.m. for a public
hearing for the Board to consider amending Section 11-32 of
the County Code to prohibit grass, weeds and brush exceeding
18 inches in agricultural districts.
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
9 . REPORTS
9. A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRIC'1' IMPROVEMENT FUNDS
AND LEASE PURCHASES
9. B. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9. C . REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY
SYSTEM
On motion of Mr. King, seconded by Mr. Warren, the Board
acceptE~d the following reports: a Report on t:he Status of
Genera:,- Fund Balance, Reserve for Future Capital Projects,
District Improvement Funds and Lease Purchases; and a Report
on Developer Water and Sewer Contracts.
And, further, the following roads were accepted into the
Stat.e Secondary System:
ADDITION
LENGTH
BON AIR CREST
(Effective 10/31/2006)
Bon Air Crest. Drive (Route 7089) - From Old Bon
Air Road (Route 718) to Bon Air Crest Place
(Route 7090)
0.07 Mi.
Bon Air Crest. Drive (Route 7089) - From Bon Air
Crest Place (Route 7090) to Cul-de-sac
o . 10 Mi.
Bon Air Crest Place (Route 7090) - From Bon Air
Crest Drive (Route 7089) to Cul-de-sac
0.01 Mi.
06-10-14
11/21/06
BONCREEK
(Effective 10/30/2006)
Boncreek Place (Route 7092) - From Dwayne Lane
(Route 877) to Cul-de-sac
Winslow Road (Route 1964) - From 0.02 mile
northwest of Dwayne Lane (Route 877) to Woodshill
Court (Route 7091)
Winslow Road (Route 1964) - From Woodshill Court
(Route 7091) to Cul-de-sac
Woodshill Court (Route 7091) - From Winslow Road
(Route 1964) to Cul-de-sac
CHESTER GROVE
(Effective 10/31/2006)
Chester Grove Court (Route 5981) - From Chester
Grove Drive (Route 5980) to Cul-de-sac
Chester Grove Drive (Route 5980) - From Chester
Grove Court (Route 5981) to Piney Ridge Court
(Route 5982)
Chester Grove Drive (Route 5980) - From Carver
Heights Drive (Route 708) to Chester Grove Drive
(Route 5980)
-
Chester Grove Drive (Route 5980) - From Piney
Ridge Court (Route 5982) to Cul-de-sac
Piney Ridge Court (Route 5982) - From Chester
Grove Drive (Route 5980) to Cul-de-sac
EAST OAKLAKE BOULEVARD
(Effective 10/30/2006)
East Oaklake Boulevard (Route 5903) - From
Wilfong Drive (Route 5988) to Oaklake Boulevard
(Route 5903)
East Oaklake Boulevard (Route 5903) - From 0.16
mile southeast of Wilfong Drive (Route 5988) to
Wilfong Drive (Route 5988)
Wilfong Drive (Route 5988) - From 0.15 mile
southeast of Oaklake Boulevard (Route 5903)
to Oaklake Boulevard (Route 5903)
FOUNDERS BRIDGE, SECTION 1
(Effective 10/30/2006)
-
Fernvale Court (Route 7095) - From Mabry Mill
Drive (Route 7063) to Cul-de-sac
Founders Bridge Road (Route 7062) - From Mabry
Mill Drive (Route 7063) to temporary end of
maintenance
Founders Bridge Road (Route 7062) - From 0.04
mile south of Founders Bridge Boulevard (Route
1160) to Swallowtail Place (Route 7093)
06-1015
o . 06 Mi.
o . 04 Mi.
0.02 Mi.
0.12 Mi.
o . 05 Mi.
o . 06 Mi.
0.26 Mi.
o . 27 Mi.
0.03 Mi.
0.15 Mi.
0.08 Mi.
o . 09 Mi.
0.08 Mi.
o . 01 Mi.
0.06 Mi.
11/21/06
,--
!
I
~
,
I
I
I
I
Founders Bridge Road (Route 7062) - From
Swallowtail Place (Route 7(93) to Swallowtail
Place (Route 7093)
Founders Bridge Road (Route 7062) -. From
Swallowtail Place (Route 7(93) to Mabry Mill
Drive (Route 7063)
Mabry Hill Drive (Route 7063) - From Fernvale
Court (Route 7095) to temporary end of
maintenance
Mabry Hill Drive (Route 7063) - From Mulberry
Row Road (Route 7094) to Fernvale Court (Route
7095)
Mabry Mill Drive (Route 7063) - From Founders
Bridge Road (Route 7062) to Mulberry Row Road
(Route 7094)
Mulberry Row Road (Route 7094) - From Mabry
Mill Drive (Route 7063) to Cul-de-sac
Swallowtail Place (Route 7093) - From Founders
Bridge Road (Route 7062) to Founders Bridge
Road (Route 7062)
FOUNDERS BRIDGE, SECTION 2
(Effective 10/30/2006)
Founders Bridge Court (Route 7096) - From Founders
Bridge Road (Route 7062) to Cul-de-.sac
Founders Bridge Court (Route 7062) - From Maple
Hall Drive (Route 7097) to Founders Bridge
Terrace (Route 7099)
Founders Bridge Road (Route 7062) -. From Founders
Bridge Terrace (Route 7099) to North Otterdale
Road (Route 970)
Founders Bridge Road (Route 7062) - From Founders
Bridge Court (Route 7096) to Maple Hall Drive
(Route 7097)
Founders Bridge Road (Route 7062) - From 0.01
mile south of Mabry Mill Drive (Route 7063) to
Founders Bridge Court (Route 7096)
Founders Bridge Road (Route 7062) -, From North
Otterdale Road (Route 970) to CuI-die-sac
Founders Bridge Terrace (Route 7099) - From
Founders Bridge Road (Route 7062) to Cul-de-sac
Maple Hall Court (Route 7098) - From Maple Hall
Drive (Route 7097) to Cul-de-sac
Maple Hall Drive (Route 7097) - From Founders
Bridge Road (Route 7062) to Maple Hall Court
(Route 7098)
06-1016
o . 12 Mi.
o . 21 Mi.
0.09 Mi.
o . 03 Mi.
o . 12 Mi.
0.18 Mi.
0.17 Mi.
o . 04 Mi.
o . 2 0 Mi.
o . 1 0 Mi.
o . 18 Mi.
o . 08 Mi.
0.07 Mi.
o . 19 Mi.
o . 08 Mi.
0.14 Mi.
11/21/06
Maple Hall Drive (Route 7097) - From Maple
Hall Court (Route 7098) to temporary end of
maintenance
North Otterdale Road (Route 5920) - From Founders
Bridge Road (Route 7062) to temporary end of
maintenance
-
STONEY GLEN SOUTH, SECTION 5
(Effective 10/31/2006)
Faraday Drive (Route 5670) - From 0.03 mile
east of Dalamere Drive (Route 5868) to Medinah
Place (Route 5958)
Faraday Drive (Route 5670) - From Medinah Place
(Route 5958) to Faraday Terrace (Route 5960)
Faraday Terrace (Route 5960) - From Faraday
Drive (Route 5670) to Cul-de-sac
Faraday Terrace (Route 5960) - From Faraday
Drive (Route 5670) to Cul-de-sac
Medinah Court (Route 5959) - From Faraday
Drive (Route 5670) to Cul-de-sac
Medinah Place (Route 5958) - From Faraday
Drive (Route 5670) to Cul-de-sac
SUMMERLAKE, SECTION 4
(Effective 10/30/2006)
Blakeway Drive (Route 7078) - From Blakeway
Place (Route 7079) to Cul-de-sac
Blakeway Drive (Route 7078) - From Lake Summer
Place (Route 5657) to Blakeway Place (Route 7079)
Blakeway Place (Route 7079) - From Blakeway Drive
(Route 7078) to Cul-de-sac
Cove Neck Court (Route 7084) - From Lake Summer
Drive (Route 5657) to Cul-de-sac
Jennway Court (Route 7081) - From Jennway Loop
(Route 7080) to Cul-de-sac
Jennway Loop (Route 7080) - From Lake Summer
Drive (Route 5657) to temporary end of maintenance
Jennway Loop (Route 7080) - From Jennway Court
(Route 7081) to Jennway Terrace (Route 7082)
Jennway Loop (Route 7080) - From Lake Summer
Drive (Route 5657) to Jennway Court (Route 7081)
Jennway Loop (Route 7080) - From Jennway Place
(Route 7083) to temporary end of maintenance
Jennway Place (Route 7083) - From Jennway Loop
(Route 7080) to Cul-de-sac
06-1017
o . 1 7 Mi.
0.06 Mi.
o . 04 Mi.
o . 06 Mi.
0.05 Mi.
0.14 Mi.
o . 12 Mi.
o . 10 Mi.
o . 06 Mi.
0.06 Mi.
0.01 Mi.
0.02 Mi.
0.02 Mi.
o . 01 Mi.
o . 20 Mi.
o . 02 Mi.
o . 05 Mi.
0.03 Mi.
11/21/06
Jennway Terrace (Route 7082) - From Jennway Loop
(Route 7080) to temporary end of maintenance
Lake Summer Drive (Route 5657) - From Nevil Bend
Lane (Route 7086) to Jennway Loop (Route 7080)
Lake Summer Drive (Route 5657) - From .Jennway
Loop (Route 7080) to Cove Neck Court (Route 7084)
Lake Summer Drive (Route 5657) - From 0.02 mile
west of Jaydee Drive (Route 5664) to Blakeway
Drive (Route 7078)
Lake Summer Drive (Route 5657) - From Cove Neck
Court (Route 7084) to Nevil Bend Lane (Route 7086)
Lake Summer Drive (Route 5657) - F:rom LJennway
Loop (Route 7080) to temporary end of maintenanc.e
Lake Summer Mews (Route 7085) - From Lake Summel~
Drive (Route 5657) to temporary eno of maintenance
Nevil Bend Lane (Route 7086) - From Lake Summer
Drive (Route 5657) to temporary end of maintenance
Nevil Bend Turn (Route 7087) - From Lake Summer
Drive (Route 5657) to temporary encl of maintenance
SUMMERS TRACE, SECTION A
(Effective 10/31/2006)
Summers Trace Court (Route 7042) -- From Summers
Trace Drive (Route 7041) to Cul-de-sac
Summers Trace Drive (Route 7041) - From Summers
Trace Court (Route 7042) to Summers Trace Terracl2
(Route 7043)
Summers Trace Drive (Route 7041) -- From Dortonway
Drive (Route 2767) to Surruners TraCE:~ Court (Route
7042)
Summers Trace Terrace (Route 7043) - From Surruners
Trace Drive (Route 7041) to Cul-de-sac
Summers Trace Terrace (Route 7043) -- From Surruners
Trace Drive (Route 7041) to Cul-de-sac
WATERMILL, SECTION 2
(Effective 10/30/2006)
Flour Mill Court (Route 7058) - From Flour Mill
Drive (Route 7057) to Cul-de-sac
Flour Mill Drive (Route 7057) - From South
Windmill Ridge Drive (Route 7056) to Flour Mill
Court (Route 7058)
Flour Mill Drive (Route 7057) - From Flour Mill
Court (Route 7058) to Cul-de-sac
Mill Flume Court (Route 7060) - From Mill Flume
Drive (Route 7059) to Cul-de-sac
06-1.018
o . 02 Mi.
o . 14 Mi.
o . 06 Mi.
o . 09 Mi.
0.07 Mi.
o . 12 Mi.
o . 01 Mi.
o . 01 Mi.
o . 01 Mi.
o . 06 Mi.
0.07 Mi.
o . 07 Mi.
o . 0 ~5 Mi.
o . 10 Mi.
o . 06 Mi.
o . 0 ~5 Mi.
o . 10 Mi.
0.10 Mi.
11/21/06
Mill Flume Drive (Route 7059) - From Mill Flume
Court (Route 7060) to Cul-de-sac
0.17 Mi.
Mill Flume Drive (Route 7059) - From South
Windmill Ridge Drive (Route 7056) to Mill Flume
Court (Route 7060)
0.03 Mi.
-
South Watermill Ridge Drive (Route 7056) - From
Watermill Parkway (Route 5583) to Flour Mill
Drive (Route 7057)
o . 04 Mi.
South Windmill Ridge Drive (Route 7056) - From
Flour Mill Drive (Route 7057) to Mill Flume
Drive (Route 7059)
0.09 Mi.
South Windmill Ridge Drive (Route 7056) - From
Water Race Drive (Route 7061) to temporary
end of maintenance
0.01 Mi.
South Windmill Ridge Drive (Route 7056) - From
Mill Flume Drive (Route 7059) to Water Race
Drive (Route 7061)
0.10 Mi.
Water Race Drive (Route 7061) - From South
Windmill Ridge Drive (Route 7056) to temporary
end of maintenance
o . 02 Mi.
WINDY CREEK, SECTION B
(Effective 10/31/2006)
~
Dortonway Court (Route 7039) - From Dortonway
Drive (Route 2767) to Cul-de-sac
0.03 Mi.
Dortonway Place (Route 7040) - From Dortonway
Drive (Route 2767) to Cul-de-sac
0.05 Mi.
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests from citizens to address the Board at
this time.
11. DINNER
-
On motion of Mr.
recessed to the
dinner.
King, seconded by Mr. Miller,
Administration Building, Room
the Board
502, for
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
Reconvening:
06-1019
11/21/06
12. INVOCATION
Deacon Michael Hall, New Deliverance Evangelistic Church,
gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES
OF AMERICA
Eagle Scout David Abraham led the Pledge of Allegiance to the
flag 0:E the United States of America.
-"
14. RESOLUTIONS
o RECOGNIZING MR. DAVID POTHEN ABRAHAM UPON ATTAINING RANK
OF EAGLE SCOUT
Mr. Kappel introduced Mr. David Abraham, who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WI-IEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WI-IEREAS f the Boy Scouts of Am.erica 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. David Pothen Abraham, Troop 806, sponsored
by Woodlake United Methodist 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 ci tizenship, and
endeavoring to prepare himself for a role as a leader in
society, David has distinguished himself as a member of a new
generation of prepared young citizens of whom 'l'Je can all be
very proud.
NOW, THEREFORE, BE IT RESOLVED that the ChE3sterfield
County Board of Supervisors, this 21st day of November 2006,
publicly recognizes Mr. David Pothen Abraham, 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 it:::: ci ti zens.
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Mr. lillraham, accompanied by members of his family,
06-1020
11/21/06
congratulated him on his outstanding achievement, and wished
him well in his future endeavors.
Mr. Abraham expressed appreciation to the Board for the
recognition and also to his family, members of his troop and
others for their support.
-
15. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTION 17
06SN0234
In Matoaca Magisterial District, ROBERT SOWERS requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12) with Conditional Use
Planned Development to permit exceptions to Ordinance
requirements. Residential use of up to 3.63 units per acre
is permitted in a Residential (R-12) District. The
Comprehensive Plan suggests the property is appropriate for
single family residential use of 2.2 units per acre or less.
This request lies on 220.2 acres fronting 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 staff erroneously advertised Case 06SN0234
for the Board's November 21, 2006 meeting. He further stated
the case is actually scheduled for December 13 2006. He
noted no action is required by the Board on this case.
06SN0339
In Matoaca Magisterial District, HULL STREET ASSOCIATES, LLC
AND MICHAEL DZAMAN, MANAGING MEMBER request rezoning and
amendment of zoning district map from Agricultural (A) to
Residential Townhouse (R-TH) plus Conditional Use Planned
Development to permit exceptions to Ordinance requirements.
Residential use of up to 8.0 units per acre is permitted in a
Residential Townhouse (R-TH) District. The Comprehensive
Plan suggests the property is appropriate for mixed use
corridor use. This request lies on 15.9 acres fronting
approximately 650 feet on the south line of Hull Street Road
approximately 2,330 feet west of Otterdale Road, also
fronting approximately 250 feet on the north line of Hampton
Park Drive. Tax IDs 710-668-3301 and 6409.
Mr. Turner stated the applicant has requested a deferral of
Case 06SN0339 until January 24, 2007.
Mr. Mike Dzaman requested a deferral of Case 06SN0399 until
January 24, 2007.
Mr. King called for public comment.
No one came forward to speak to the deferral.
06-1021
11/21/06
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
deferred Case 06SN0339 until January 24, 2007.
Ayes: King, Miller, Humphrey, Sowder and Warren"
Nays: None.
06SN0330
In Dale Magisterial District, JHM, LLC AND CYNTHIA W.. AND
STEVE W. BRICKELL request amendments to rezoning (Cases
74S042" 75S045 and 78S005) to delete certain buffer
requirements on 4.3 acres zoned General BusinE~ss (C-5) and
rezoning and amendment of zoning district map from
Residential (R-7) and Community Business (C-3) to General
Business (C-5) of 1.0 acre. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive plan suggests thte property is
appropriate for mixed use corridor use. This request lies on
5.3 acres fronting approximately 130 feet on the north line
of Canasta Drive, also fronting approximately 470 feet on the
west line of Iron Bridge Road and located in the northwest
quadrant of the intersection of these roads. Tax IDs 773-
680-6620, 7615, 8039 and 8757.
Mr. Turner stated Mr. Miller has :requested a deferral of Case
06SN0330 until December 13, 2006.
Mr. JE~ff Collins, representing the applicant, s tatec1 the
deferral is acceptable.
Mr. King called for public corrunent,
,-'
No one came forward to speak to the deferral.
On motion of Mr. Miller, seconded by Mr. Warn:!n,
defern~d Case 06SN0330 until December 13, 2006.
the Board
Ayes: King, Miller, Humphrey, SowdE!r and Warren"
Nays: None.
07SN0111
In Matoaca Magisterial District, RESERVOIR LAl'-JD ASSOC.
requests rezoning and amendment ot zoning district map from
Agricultural (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 single family residential use of 2.0 units
per acre or less. This request lies on 2.5 acres fronting
approximately 300 feet on the north line of Genito Road, also
fronting approximately 130 feet on the east line of North
Woolridge Road and located in the northeast quadrant of the
intersection of these roads. Tax IDs 719-685--2188 and 3788
and 719-686-2706.
Mr. Turner presented a summary of Case 07SNOl11 a.nd stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Mickey Blalock, representing the applicant" stated the
recommendation is acceptable.
06-1022
11/21/06
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 07SN0111 and accepted the following proffered
conditions:
~
1.
The density shall not exceed five (5) units.
( P)
2. Prior to any site plan approval, the Applicant shall
dedicate forty-five (45) feet of right-of-way on the
north side of Genito Road and forty-five (45) feet of
right-of-way on the east side of North Woolridge Road,
measured from the centerlines of those roads immediately
adjacent to the property, free and unrestricted to and
for the benefit of Chesterfield County. (T)
3. There shall be no direct vehicular access from the
property to Genito Road or North Woolridge Road. (T)
4. Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead
or diseased trees, there is to be no timbering on the
property until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices have been installed. (EE)
5 .
No run-off from any
discharged to the east.
impervious
(EE)
surfaces
shall
be
6. Appropriate facilities shall be constructed on-site to
achieve the 0.22 phosphorus standard. (EE)
7.
Public water and wastewater systems shall be used.
(U)
8. Impact on Capital Facilities. The applicant, subdivider,
or assignee (s) shall pay the following to the County of
Chesterfield prior to the issuance of building permit
for the infrastructure improvements wi thin the service
district for the Property:
a) $15,600 per dwelling unit, if paid prior to July 1,
2007.
b)
The amount approved by the Board of Supervisors,
but not to exceed $15,600 per dwelling unit as
adjusted upward by any increase in the Marshall and
Swift Building Cost Index between July 1, 2006 and
July 1 of the fiscal year in which the payment is
made if paid after June 30, 2007. At the time of
payment, the $15,600 will be allocated pro-rata
among the facili ty 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. Payments in excess of $15,600 shall
be prorated as set forth above.
-
c)
Cash proffer payments
purposes proffered or
law. (B&M)
shall be spent for
as otherwise permitted
the
by
06-1023
11/21/06
9. All dwelling uni ts shall have a minimum gro!:;s floor area
of 1,500 square feet. (P)
10. The following architectural standards will be followed:
a. All exposed portions of the foundation of each
dwelling unit shall be faced with brick: or stone
veneer. Exposed piers supporting front porches
shall be faced with brick or stone veneer.
b. The architectural appearance shall employ the
following materials: brick or stone veneer,
composition siding, hardiplank or vinyl siding and
20 year asphalt shingles (P & BI)
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
07SN0124
In Bermuda Magisterial District, JAMES E. HIGGINS, SR.
requests rezoning and amendment of zoning district map from
Residential (R-7) to Community Business (C-3). The density
of such amendment will be controlled by zoning concH tions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for office/residential mixed use
uses. This request lies on 0.4 acre fronting approximately
200 feet on the south line of West Hundred Road approximately
170 feet west of Gill Street. Tax IDs 792-656-2927 and 3825.
Mr. Turner presented a summary of Case 07SN0124 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. James Higgins 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
approvE:!d Case 07SN0124 and acceptl==d the following proffered
conditions:
1. Uses permitted shall be limited to the following and
shall meet Corporate Office (0-2) District standards:
a. Contractors' Offices and Display Rooms
b. Uses permitted by right or with restrictions in the
Neighborhood Office (0-1) District. (P)
2. Prior to any site plan approval, forty -five (45) feet
of right-of-way on the south side of West Hundred Road
(Route 10), measured from the centerline of that part of
Route 10 immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
3. Direct access from the property to Route 10 shall be
limited to one (1) entrance/exit. The exact location of
06-1024
11/21/06
this access
Department.
shall
(T)
be
approved
by
the
Transportation
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
16. PUBLIC HEARINGS
16.A. TO CONSIDER CONVEYANCE OF A 2.4-ACRE PARCEL LOCATED ON
WHITEPlNE ROAD IN THE CHESTERFIELD COUNTY INDUSTRIAL
AIRPARK TO DENNIS F. HARRUP, III
Ms. Tina Shreve, Proj ect Manager wi th the Economic
Development Department, stated this date and time has been
advertised for a public hearing for the Board to consider the
conveyance of a 2.4-acre parcel located on whitepine Road in
the Chesterfield County Airpark to Dennis F. Harrup, III.
Mr. King called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Miller, seconded by Mr. Warren, the Board
authorized the County Administrator to enter into a contract
approved by the County Attorney to convey a 2.4-acre parcel
located on Whitepine Road to Dennis F. Harrup, III.
-
And, further, the Board authorized the County Administrator
to enter into a purchase contract on terms approved by the
County Attorney.
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
16.B. TO CONSIDER TECHNICAL AMENDMENTS TO CHESTERFIELD
COUNTY CODE SECTION 9-132, RELATING TO PROCESSXNG FEES
AND FEES FOR COURTHOUSE SECURITY
Mr. Micas stated this date and time has been advertised for a
public hearing for the Board to consider technical amendments
to Section 9-132 of the County Code relating to processing
fees and fees for Courthouse security. He stated the 2006
General Assembly required jurisdictions to mandate that these
fees be used for sheriff and security activities.
In response to Mr. Miller's question, Mr. Micas stated the
county is collecting the maximum amount allowed under the
state statute for these fees.
Mr. King called for public comment.
-~
No one came forward to speak to the issue.
On motion of Mr. King, seconded by Mr. Miller, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 9-132 RELATING TO PROCESSING FEES
AND FEES FOR COURTHOUSE SECURITY
06-1025
11/21/06
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section
Chesterfield, 1997,
read as follows:
9-132 of the Code of the County of
as amended, is amended and re-enacted to
Sec. 9-132. Collection of processing fees for persons
admitted to jail following conviction and fees 1:or courthouse
security.
(a) (l) In addition to any other fees prescribed by law, a
$25.00 processing fee is hereby imposed on every
individual admitted to the county or regional jail
following conviction in a district or circuit court.
(2) This processing fee shall be ordered as a part of
court costs collected by the clerk, deposited into the
account of the county treasurer, and shall be
appropriated to the sheriff to defray the costs of
processing arrested persons into the jail.
(b) (1) In addition to any other fees prescribed by law, a
fE~e of $5.00 is hereby imposed in each criminal and
traffic case in which the defendant is convicted of a
violation of any statute or o:rdinance. The clerks of the
district and circui t courts shall charge and collect
this fee as a part of the fees taxed as costs.
(2) After collection by the clerk of the court in which
the case is heard, the fee shall be remitted to the
county treasurer and held to be appropriated by the
board of supervisors to the sheriff's office solely for
the funding of courthouse securi ty personnel, and, if
requested by the sheriff, equipment and ot::.her personal
property used in connection with courthouse security.
(2) That this ordinance shall become effecti VE~ immediately
upon adoption.
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
17. REMAINiNG MANUFACTURED HOME PERMITS AND ZON]"~ REQUESTS
06SN0194 (Amended)
In Clover Hill Magisterial District, BLUESTONE REAl:" ESTATE,
LLC requests rezoning and amendment of zoning district map
from 11gricul tural (A) and Corporate OffiCI:?: (0-2) to
Residential Townhouse (R-TH) with Conditional Use' Planned
Development to permit exceptions to Ordinance requirements.
Residential use of up to 8.0 units per acre is Pl:=rmitted in a
Residential Townhouse (R-TH) District. The Comprehensive
Plan s1..lggests the property is appropriate for mixed use
corridor use" This request lies on 28.9 acres fronting
approximately 1,220 feet on the north line of Hull Street
Road at its intersection with Ladino Lane. Tax IDs 750-687-
7530, 9465, 9741 and 9882; and 751-687-1519, 3263, 6434 and
6883.
06-10:2:6
11/21/06
~
Ms. Beverly Rogers presented a summary of Case 06SN0194 and
stated the Planning Commission and staff recommended approval
and acceptance of the proffered conditions. She noted the
request conforms to the Route 360 Plan. She stated staff
would recommend that the proposed open space area be
relocated at the major entrance to the project. She further
stated concerns were expressed at the Planning Commission
meeting relative to building height, impact on Gregory's
Pond, buffers and setbacks adjacent to the Amberleigh
development, and an existing grave on the property. She
further stated, since the Commission's consideration of the
request, proffered condition 6 has been modified to delete a
requirement for a fence along the eastern property line, as a
result of the applicant's discussions with Amberleigh
residents; and proffered condition 21 has been added
requiring that the developer contribute $30,000 towards
installation of a traffic signal at the intersection of
Amberleigh Boulevard and Route 360, should that traffic
signal be warranted within five years of the date of
recordation of the ini tial subdivision plat. She stated
staff recommends acceptance of the amended and additional
proffered conditions.
Mr. Miller stated he received a letter today from Mr. David
Hull regarding flooding issues in the vicinity of the
proposed development.
Mr. John Easter, representing the applicant, provided details
of the amended and additional proffered conditions.
Discussion ensued relative to VDOT's
traffic signal at the intersection of
Amberleigh Boulevard.
posi tion regarding a
Hull Street Road and
Mr. Easter stated staff looks for a focal point near the
en trance of the communi ty . He further s ta ted the proposed
community has two entrances, and the applicant has requested
a focal point in the area of the existing pond on the subject
property. He requested the Board's approval of the Planning
Commission's recommendation, with the amended and additional
proffered conditions.
Mr. King called for public comment.
Ms. Shirley Dillar expressed concerns relative to the small
size of the lots in the proposed development and suggested
that a buffer be provided between the proposed development
and Amberleigh. She inquired whether photographs of the
proposed development are available, indicating that she does
not want Amberleigh degraded by the project.
Mr. David Hull, an adjoining property owner and President of
the Broad Rock Fishing Club, expressed concerns regarding the
developer's plans to control stormwater runoff and erosion
and requested that the Board consider his property, which is
downhill from the proposed development. He stated there is a
holding pond, which has been proposed to be modified and
improved to hold the stormwater runoff from the proposed
development, but expressed concerns that half of the
development is topographically downstream from the holding
pond. He further stated he contacted the Virginia Outdoor
Foundation, which has an easement across the subject
property, and was referred to Mr. Fred Fisher in the Attorney
06-1027
11/21/06
General's office. He stated Mr. Fisher informed him that, if
the developer insists that nothing can be done about the area
downstream from the proposed holding pond, then he should
request that the county require th.:it the developer impart low
impact development to keep stormwater runoff from affecting
properties downstream.
Mr. Warren expressed concerns relative to the photos provided
by Mr. Hull of flooding that recently occurred in this area.
In response to Mr. Warren's question, Mr. Hull stated
flooding of the area is a yearly occurrence, rather than a
100-year type of situation. He further stated the creek that
goes through the subj ect property is the main source of
drainage for property all the way back to Rockwood Park that
has a tendency to flashflood deep enough to make his driveway
impassable. He stated the flooding has not necessarily
occurred as a result of the Arnberleigh development. He
further stated his neighbor's property has a lot of silt
running onto it from the Amberleigh development, and his
neighbor had to build a retaining wall. He stated he
believes this is a result of the land being cleared, but
nothing being built. He further stated paving and developing
the property will create additional runoff, and he is
concerned about what the developer proposes to do with the
runoff.
,-",
Mr. Warren stated Mr. Hull has a right to assurance that the
stormwater runoff onto his property will at least not be
worsened as a result of the proposed development, and if
anything, that it will be improved as development occurs.
Mr. Hull stated the recent floodin9 did not havE~ anything to
do with the Amberleigh development, and he would like
assurance from the county that the proposed devl~lopment will
not worsen flooding of his property and that the value of his
property and his neighbors' property will not be diminished.
Mr. Easter requested that the engineer working with the
proposed development address the drainage issues.
Mr. Taylor Goodman, engineer with Balzar and Associates,
stated the drainage issues can be addressed and the
information provided by Mr. Hull will help as thE~ project
moves forward.
In response to Mr. Warren's question, Mr. McElfish stated the
developer will be required to modify the exis'ting pond to
current standards. He further stated he is comfortable that
the issues raised by Mr. Hull can be managed through the
proffered conditions. He stated staff will have more
information to consider when the tentative site plan is
submitted, and Mr. Hull will have the opportunity for input
during the approval process of the tent,ative sitE! plan.
'"-'
In response to Mr. King's question, Mr. McElfish stated the
engineer has indicated that the stormwater runoff will remain
the same or be improved. He further stated there is a short
distance from the existing pond on the subject property to
Gregory's Pond, and state criteria must be met for adequate
natural watercourses and things of that nature.
06-1028
11/21/06
Mr. Miller inquired why staff's report states that there are
no existing or anticipated on or off-site erosion or drainage
problems.
Mr. McElfish stated staff was unaware of the drainage issues
when the report was prepared. He further stated drainage
issues sometimes come to light through the zoning process.
-
Mr. Miller inquired about the possibility of a condition
stating that necessary measures be implemented to ensure that
conditions are not worsened. He stated he is not as
comfortable with Mr. McElfish being able to address the
drainage issues through state criteria as he would be with a
zoning condition.
Mr. Warren stated he, too, has some discomfort. He expressed
concerns that improving the holding pond will not solve the
problem.
Mr. Easter stated, as the development is designed, most of
the drainage will go into the pond, and the developer will
have to retain enough water so that conditions are not
worsened. He further stated Environmental Engineering staff
may require improvements to the pond during the site plan
process. He stated the proposed density is just over four
units per acre, indicating that the Plan calls for up to six
units per acre. He noted a number of Amberleigh residents
worked with the applicant and were supportive of the proposed
density.
There being no one else to speak to the request, the public
hearing was closed.
Mrs. Humphrey stated she is not convinced that a zoning
condition relative to drainage does not have merit. She
expressed concerns relative to the photographs submitted by
Mr. Hull and stated if an effort was made during the site
planning process for Amberleigh to manage the water movement,
the county did not do a very good job.
In response to Mrs. Humphrey's question, Mr. McElfish stated
Gregory's Pond runs into Falling Creek.
Mrs. Humphrey stated there have been massive problems with
flooding of Falling Creek.
Discussion ensued relative to current standards for drainage
ponds, including minimum pipe size, freeboard and storage.
..,.,...-...
Mr. Warren suggested that the Board either move the request
to the end of the zoning agenda and that a condition be
crafted stating that drainage from the proposed development
will not result in any worsening of the current situation, or
that the request be deferred for 30 days to make sure that
everyone is comfortable with the plans to address drainage
concerns.
It was generally agreed upon that this case be moved to the
end of the zoning agenda to allow the applicant and staff
time to try and address Mr. Hull's drainage concerns.
06-1029
11/21/06
06SR0340
In Dale Magisterial District, BOBBY AND KATHY SPROUSE request
renewal of Conditional Use (Case 03AN0229) and amendment of
zoning district map to permit a business (motor vehicle
repair) incidental to a dwelling uni t . The densi ty of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for mixed use corridor use. This
request: lies in a Residential (R-7) District on 1.4 acres
fronting approximately 200 feet on the north line of Omo Road
approximately 530 feet east of Old Zion Hill Road. Tax IDs-
773-681-2145 and 3148.
Ms. Rogers presented a summary of Case 06SR0340 and stated
the Planning Commission recommended approval and acceptance
of proffered conditions 1 through 8 and 10 through 12, and
that proffered condition 9 not be accepted because t.he zoning
ordinance addresses parking lot treatment. She further
stated the Planning Commission noted that the uses existed
under a Special Exception granted by the Board of Zoning
Appeals and that there has been no opposition expressed
regarding the use during the time period it has existed under
the special exception. She stated staff recommended denial
because the use has operated without complying with
landscaping requirements imposed by the Board of Zoning
Appeals; however, the applicants have indicated that, if the
request is approved, they will comply with thE~ landscaping
requirements.
Mrs. Kathy Sprouse, accompanied by her husband, requested the
Board's approval of the Conditional Use renewal for an
indefinite period of time. She stated they were not familiar
wi th the landscaping requirements of the Board of Zoning
Appeals, but are willing to comply 'with those requirements.
In response to Mr. Miller's question, Mrs. Sprouse stated the
business has been in existence since 2003, and there are
wooded lots on both sides of their property.
Mr. King called for public comment.
Mr. ,Jackie Payne stated he supports the proposed request.
There being no one else to speak t.o the request, the public
hearing was closed.
Mr. Miller stated he does not believe motor vehicle repair is
appropriate for a residential area, but recognizes that the
applicants have been working under Board of Zoning Appeals
approval for three years. He further stated he intends to
make a motion for approval, subject to a five-year time
limitation.
Ms. Rogers provided the following text. for a condition that
could be imposed by the Board: "This Conditional Use shall
be granted for a period not to exceed five years from the
date of approval."
Mr. Miller stated things could change in five years that
might dictate that it would not be preferable to continue the
use.
06-1030
11/21/06
Mr. Miller then made a motion, seconded by Mrs. Humphrey, for
the Board to approve Case 06SR0340, subject to the five-year
time limitation condition, acceptance of proffered conditions
1 through 8 and 10-12, and that proffered condition 9 not be
accepted.
Mrs. Humphrey stated she agrees that the use should be
reevaluated on a regular basis.
-
Mr. King called for a vote on the motion of Mr. Miller,
seconded by Mrs. Humphrey, for the Board to approve Case
06SR0340, subject to the following condition:
This Conditional Use shall be granted for a period not to
exceed five (5) years from the date of approval. (P)
And, further, the Board accepted the following proffered
conditions:
1. This Conditional Use shall be granted to and for Bobby
L. Sprouse, Jr. or Katherine Sprouse, exclusively, and
shall not be transferable nor run with the land. (P)
2. This Conditional Use shall be limited to the operation
of a motor vehicle repair business, excluding body,
major engine and transmission repair. (P)
3. No employees, other than family member employees that
live on the property, shall be permitted. (P)
4.
A maximum of four (4) motor vehicles associated with the
repair business shall be parked on the site at any time.
( P)
-
5. Hours of operation shall be limited to between 8:00 a.m.
and 5: 00 p.m., Monday through Saturday. No Sunday
operation shall be permitted. (P)
6. All repair activity and storage of associated materials
shall occur inside the existing detached garage located
on Tax ID 773-681-3148 and labeled as "New Garage" on
the attached plat dated August 10, 1994 as prepared by
Robert K. Thomas and Associates. (P)
7. No additions or exterior alterations shall be permitted
to the dwelling or accessory buildings to accommodate
thi s use. ( P )
8. There shall be no signs identifying this use. (P)
9 . NOT ACCEPTED
-
10. Landscaping and/or fencing shall be installed to
minimize the views of the motor vehicle parking area
from the adjacent properties and Omo Road. The exact
species, number and spacing of plant material and/or
fencing details shall be reviewed and approved by the
Planning Department as outlined in Proffered Condi tion
11. (P)
11. Within thirty (30) days of approval of this request, the
applicants shall submit a plan depicting the landscaping
and/or fencing requirement noted in Proffered Condition
06-1031
11/21/06
10 and the parking and driveway areas for review and
approval by the Planning Department. In conjunction
with this review, a phasing plan for the installation of
these improvements shall be reviewed and approved. (P)
12. Within sixty (60) days from the date of the Board of
Supervisors' approval of this request, thirty-'five (35)
feet of right-of-way on the north side of Omo Road,
measured from the centerline of the part of Omo Road
immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
06SN0325
In Matoaca Magisterial District, VERNON MCCLURE requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12) plus Conditional Use
Planned Development to permit exceptions to Ordinance
requirements. Residential use of up to 3.63 units per acre
is permitted in a Residential (R-12) District. The
Comprehensive Plan suggests the property is appropriate for
residential use of 2.0 units per acre or less. This request
lies on 18.1 acres fronting approximately 580 feet on the
west line of Otterdale Road, approximately 1,330 fleet south
of Broadmoor Road. Tax ID 708-680-1184.
Ms. Rogers presented a summary of Case 06SN0325 and stated
the Planning Commission, on a vote of 3 to 2, recommended
denial, expressing concerns relative to lack of
infrastructure to support development in the area and the lot
sizes. She further stated staff recommended approval,
indicating that the proposed zoning and land uses conform to
the Upper Swift Creek Plan and the proffered conditions
adequately address the impacts of the proposed development on
necessary capital facilities.
Mr. Vernon McClure stated the proposed development is an
extension of the project to the north of the subject
property. He further stated a regional BMP will be built to
handle the stormwater runoff; there will be no additional
access to Otterdale Road from the subject property; and the
applicant will widen a portion of Otterdale Road, as well as
pay the full cash proffer. He stated the averagE~ lot size of
the 36 lots will be 16,000 square feet. He provided photos
of the homes proposed for the development.
Mr. King called for public comment
Ms. Kitty Snow, a resident of Moseley, expressed concerns
about the continued approval of zoning cases in the Upper
Swi f t Creek area despi te the lack 0 f inf ras truc ture . She
requested that the Board consider the cumulative effect of
the number of cases that have been approved and deny the
request.
Ms. Stacey White, representing the Hampton Park Board of
Directors, stated she does not support the request because of
lack of infrastructure.
06-1032
11/21/06
-
Ms. Marleen Durfee, representing the Responsible Growth
Alliance of Chesterfield County, expressed concerns that
Otterdale and Woolridge Roads, which are the only arterial
roads that remove traffic from Hull Street, have not been
widened. She also expressed concerns relative to congestion,
traffic accidents and deaths, and to the health, safety and
welfare of residents in this area. She stated, although the
proposed development complies with the Plan, it does not meet
the needs of what the plan has asked for.
Mr. Kirk Castle expressed concerns relative to the unsafe
conditions and constant increase in traffic on Otterdale
Road. He stated he opposes any new development on Otterdale
Road until it has been improved.
Ms. Andrea Epps reminded the Board that Magnolia Green was
zoned with the expectation that powhite Parkway was going to
be extended. She stated Otterdale and Woolridge Roads need
to be improved, as do many other roads in the county.
Mr. McClure stated he agrees that Otterdale Road needs
improvements, but it is his understanding that the only road
improvements being made at this time are as a result of
development. He further stated the developer will improve a
section of Otterdale Road, as well as provide a full cash
proffer.
There being no one else to speak to the request, the public
hearing was closed.
Discussion ensued relative to road connections and the
applicant's plan to address runoff from the proposed project
and the project to the north of the subject property, and to
concerns expressed by Planning Commissioners Bass, Gulley and
Litton, which led to the recommendation for denial.
In response to Mr. Miller's question, Ms. Rogers stated there
have been no changes to the case to address the Commission's
concerns relative to adequate infrastructure. She further
stated the lot sizes have not changed, but the applicant has
now agreed to a recommended condition by staff relative to
average lot sizes, which he had not agreed to do at the
Planning Commission's public hearing.
Discussion ensued relative to proposed lot sizes of this
development and other area developments.
Mr. Warren inquired about the status of the Upper Swift Creek
Plan amendment.
Mr. Turner stated the Planning Commission deferred its work
session on the Plan amendment until February 2007. He
further stated, after the work session, community meetings
will be held and a public hearing will be advertised,
indicating that he anticipates this to be held in the fall of
2007 at the earliest. He noted the draft Plan amendment has
expanded the deferred growth area into the Upper Swift Creek
area, indicating that he thinks there is a difference of
opinion amongst Planning Commission members as to what the
boundary limits of the deferred growth area should be.
06-1033
11/21/06
Board members expressed concerns relative
time for the Upper Swift Cree1:c___~].an
completed.
to the length of
amendment to be
Mr. Turner stated the Water Quality Division of Environmental
Engineering is still working on their analysis of the
phosphorous loading that the reservoir could accept and the
impact of property that has already been zoned. He further
stated, once they complete their analysis, the proposed land
uses in the draft Plan can be tested to see if it meets the
water quality limits that the reservoir can accept.
Mr. King expressed concerns that the Corps of Engineers
rejected the county's Regional BMP Plan.
Mr. Ramsey stated it is his understanding that, because the
Corps of Engineers rejected the county's Regional BMP Plan,
the Planning Commission is not comfortable moving the Upper
Swift Creek Plan amendment forward until the water quality
issues are addressed, indicating that the enginE:!ering work is
taking a significant amount of time.
Mr. Sowder stated he heard clearly from the public valid
concerns relative to transportation and other infrastructure.
He further stated he is extremely encouraged after
yesterday's transportation surrunit regarding thE= county
addressing transportation issues in a big way. He stated, up
until now, the only transportation improvements that have
been made were by developers. He further stated he does see
a light at the end of the tunnel for Otterdale Road
improvements and hopes that the county can proceed along with
the Powhite Parkway Extension, noting that there are also
plans for additional schools in this area. He further
stated, in his opinion, the applicant has made a good faith
effort to address all issues, indicating that the small size
of the proposed development should be taken into
consideration as the Board makes a decision on Utis request.
Mr. Miller expressed concerns relative to the small lot sizes
and inquired whether certain components of the Upper Swift
Creek Plan amendment could be brought forward earlier than
others.
Mr. Warren stated he will not support the request based on
Mr. Bass's recommendation that growth be deferred in this
area until adequate facilities aTe made available. He
further stated he realizes the development lNill have a
minimal impact no the communi ty; but, at some point, the
Board should draw the line until a plan amendment is adopted.
Mrs. Humphrey requested that a message be administratively
delivered requesting that Upper Swift Creek Plan amendment be
expedited and moved forward to the Board for action,
indicating that perhaps the environmental component could be
removed from the Plan for the time being.
Mrs. Humphrey then made a motion, seconded by Mr. Sowder, for
the Board to approve Case 06SN0325, subject to the following
conditions:
1. Except as stated herein, the Textual Statement shall be
considered the Master Plan. (P)
06-1034
11/21/06
2.
Any residential lots having sole access
Westerleigh Subdivision shall have an average
of 16,000 square feet. Such lots shall not
density of 2.0 dwelling units per acre. (P)
through
lot size
exceed a
And, further, the Board accepted the following proffered
conditions:
The Owners-Applicants in this zoning case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended)
and the zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the
development of the property known as Chesterfield County Tax
ID 708-680-1184 (the "Property") under consideration will be
developed according to the following conditions, if and only
if, the rezoning request for R-12 (CUPD) is granted. In the
event the request is denied or approved with conditions not
agreed to by the Owners-Applicants, these proffers and
conditions shall be immediately null and void and of no
further force and effect.
1. Timbering:
Except for the timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved erosion control devices have been
installed. (EE)
2. Utilities:
Except for the temporary model home wi thin a modular
uni t, the public water and wastewater systems shall be
used. (U)
3. Cash Proffer:
The applicant, sub divider, or assignee(s) shall pay the
following to the County of Chesterfield prior to the
issuance of each building permit for infrastructure
improvements wi thin the service district for the
property:
a. $15,600 per dwelling unit, if paid prior to July 1,
2007; or the amount approved by the Board of
Supervisors not to exceed $15,600 per dwelling unit
adjusted upward by any increase in the Marshall and
Swift Building Cost Index between July 1, 2006, and
July 1 of the fiscal year in which the payment is
made if paid after June 30, 2007. 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.
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 per dwelling unit if paid prior to July 1,
2007, or the amount approved by the Board of
Supervisors, but not to exceed $10,269 per dwelling
unit as adjusted upward by any increase in the
06-1035
11/21/06
Marshall and Swift Building Cost Index between July
1, 2006 and July 1 of the fiscal year in which the
payment is made if paid after June 30, 2007. At
the time of payment, the $10,269 will be allocated
pro-rata among the facility costs as follows: $602
for parks and recreation, $348 for library
facilities, $8,915 for roads, and $404 for fire
stations. Payments in excess of $10.269 shall be
prorated as set forth above.
c. Cash proffer payments shall be spent for the
purposes proffered or as otherwise permitted by
law. Should Chesterfield County imposE~ impact fees
at anytime 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 matter determined by the county.
d.
If, upon the mutual agreement of the Transportation
Department and the applicant, the applicant
provides road improvements (the "Improvements"),
other than the road improvement identified in
Proffered Condition 9, 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 payme.nt (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 applicant
shall commence paying the cash proffer as set forth
in this Proffered Condi tion as adju.sted for the
credi t. For the purposes of this proffer, the
costs, as approved by the 'rransportation
Department, shall include, bu.t not be limited to,
the cost of right-of-way acquisi tion, engineering
costs, costs of relocating utilities and actual
costs of construction (including labor, materials,
and overhead) ( "Work") . Before a.ny Work is
performed, the applicant shall r€!ceive prior
written approval by the Transportation Department
for the Improvements and any credit amount. (B&M
and T)
,~'
4 .
Density.
The total number of units shall not exceed 36.
(P)
5. 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 restrictE'ld to "housing for older
persons; as defined in the Virginia Fair Housin9 Law and
no persons under 19 years of age shall reside therein"
(P)
06-103.6
11/21/06
6. Senior Housing:
Any dwelling units designated for senior housing as
defined in the proffered condition on age-restriction
shall be noted on the subdivision plat. Such dwelling
uni ts shall be grouped together as part of the same
development section(s). (P)
7.
BMP s :
For areas that drain through a regional BMP, temporary
sediment basins shall remain in place and/or new BMPs
constructed to achieve the .22 phosphorus standard until
the downstream regional BMP into which the development
will drain has been constructed. (EE)
-
8. Phasing of Development:
No single family lots shall be recorded prior to January
1, 2007. (P)
9. Transportation:
a. In conjunction with recordation of the initial
subdivision plat or within sixty (60) days from a
written request by the Transportation Department,
whichever occurs first, forty-five (45) feet of
right-of-way along the west side of Otterdale Road,
measured from a centerline based on VDOT Urban
Minor Arterial Standards (50 mph) with
modifications approved by the Transportation
Department, of that part of Otterdale Road
immediately adjacent to the Property, shall be
dedicated, free and unrestricted, to and for the
benefit of Chesterfield County.
b. Direct vehicular access from the Property to
Otterdale Road shall be prohibited.
c.
To provide an
developer shall
in conjunction
Property:
adequate roadway system, the
provide the following improvements,
with initial development of the
1) Widening/improving the west side of Otterdale
Road to an eleven (11) foot wide travel lane,
measured from the centerline of the road, with
an additional one (1) foot wide paved shoulder
plus a seven (7) foot wide unpaved shoulder,
and overlaying the full width of the road with
one and half (1.5) inches of compacted
bituminous asphalt concrete with modifications
approved by the Transportation Department, for
the entire Property frontage.
2) Dedication to and for the benefit of
Chesterfield County, free and unrestricted, of
any additional right-of-way (or easements)
required for the improvements identified
above. (T)
Ayes: King, Miller, Humphrey and Sowder.
Nays: Warren.
Mr. King requested a five-minute recess.
06-1037
11/21/06
Reconvening:
06SN0345
In Matoaca Magisterial District, GARY LIST AND LUANN LIST
request Conditional Use and amendment of zoning district map
to permit a residential stock farm (keeping of chickens) in a
Residential (R-25) District. The deIlsi ty of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for rural conservation area use. This request
lies on 1.9 acres and is known as 11918 Riverpark 'Way. Tax
ID 722-649-0486.
Ms. R0gers presented a summary of Case 06SN034l5 and stated
the Planning Commission and staff recommended denial,
indicating that typical suburban residential development has
occurred in this area and the proposed land use is
incompatible with existing area residential development. She
further stated there was opposition at l:he Planning
Commission meeting expressing concerns relative to noise an
odor.
In response to Mr. Miller's question, Ms.
chickens are allowed in a residential
Conditional Use.
RogE~rs s ta ted no
area without a
Mr. Gary List stated he has been housing 25 chickens for ten
months and has not received any personal complaints. He
further stated he has several signatures of adjacent property
owners and neighbors, as well as letters of support. He
stated the chickens cannot be seen from the road, and he
would consider decreasing the number of his flock to obtain
the Conditional Use permit.
Mr. King called for public comment.
Ms. Charlotte Wilson, a resident of the neighborhood, stated
she supports the request.
There being no one else to speak to the request:, the public
hearing was closed.
Mrs. Humphrey stated Mr. and Mrs. List went through the
hatchling process as part of a school exercise for their
children. She further stated she has no problems with the
chickens, but someone in the neighborhood filed a complaint,
and the county must respond to it. She stated the county
ordinance prohibits yard fowl in residentially zoned
communi ties. She further stated, if the application were
approved with a condition reducing the number of chickens,
the next applicant would want a different type of animal;
therefore, she must deny the request based on the county's
current ordinance regarding yard fowl.
Mrs. Humphrey then made a motion for the Board to deny Case
06SN0345.
Mr. King expressed concerns that Mr. and Mrs. List
victims of the system, but the Board must take
considE~ration other thousands of homes in the county.
are
into
06-1038
11/21/06
Mr. King seconded Mrs. Humphrey's motion.
Mr. King called for a vote on the motion of Mrs. Humphrey,
seconded by Mr. King, for the Board to deny Case 06SN0345.
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
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06SN0194 (Amended)
In Clover Hill Magisterial District, BLUESTONE REAL ESTATE,
LLC requests rezoning and amendment of zoning district map
from Agricul tural (A) and Corporate Office (0-2) to
Residential Townhouse (R-TH) with Conditional Use Planned
Development to permit exceptions to Ordinance requirements.
Residential use of up to 8.0 units per acre is permitted in a
Residential Townhouse (R-TH) District. The Comprehensive
Plan suggests the property is appropriate for mixed use
corridor use. This request lies on 28.9 acres fronting
approximately 1,220 feet on the north line of Hull Street
Road at its intersection with Ladino Lane. Tax IDs 750-687-
7 5 3 0 , 9465 , 9741 and 9882; and 7 51- 687 -1519 , 32 6 3 , 6434 and
6883.
Mr. King noted that the public hearing was closed earlier on
this case.
-
Mr. Easter stated he met with Mr. Hull and Mr. McElfish
regarding the drainage issue. He further stated it was clear
that the most sensitive spot on Mr. Hull's property is the
low spot where his driveway crosses the creek. He stated the
applicant has agreed to the following condition dealing with
runoff from the proposed development to protect Mr. Hull's
driveway from flooding after the 100-year storm: "The project
shall be designed such that the driveway of Tax ID 7516883743
shall remain above the water level during the 100-year
storm. II He further stated this will allow the developer
flexibility to either provide water retention on-site or to
improve Mr. Hull's driveway, if he permits the developer to
do so. He stated the developer will still have to follow
Environmental Engineering's standard requirements during the
tentative subdivision phase. He further stated Mr. Hull was
agreeable to this additional assurance.
Mr. Micas stated the Board would have to impose the language
as a condition of approval.
Mr. Warren made a motion for the Board to approve Case
06SN0194, subject to the new condition, and acceptance of the
proffered conditions, including amended Proffered Condition 6
and the additional Proffered Condition 21.
Mr. King seconded the motion.
Mr. King then called for a vote on the motion of Mr. Warren,
seconded by Mr. King, for the Board to approve Case 06SN0194,
subject to the following condition:
The project shall be designed such that the driveway on Tax
ID 751-688-3743 shall remain above the water level during the
100-year storm. (EE)
06-1039
11/21/06
And, further, the Board accepted accept the following
proffered conditions:
1. Master Plan. The textual statement dated September 13,
2006 shall be considered the Master Plan. (P)
2. Sidewalks and Trails. Sidewalks and trails shall be
provided that facilitate pedestrian access within the
d€~velopment and to the adjacEmt properties. Sidewalks
shall be provided on both sides of public streets that
have dwelling units fronting the street. (P)
3. Streets Trees. Street trees shall be planted along both
sides of all public streets. (P)
4. Open Space and Focal Point. A minimum of .75, acres of
open space shall be provided along the east/west
collector for a focal point. Part of the area shall be
II hardscaped II and have benches and other amenities that
accorrunodate and facilitate gatherings. The focal point
shall be developed concurrent wi th the first phase of
development. The existing pond shall remain and shall
b€~ landscaped or otherwise improved so as to become a
visual enhancement to, and amEmity for, the development.
(P)
5. Entrance Features. Decorati ve brick columns shall be
provided generally as shown on Exhibit A at the primary
entrance off Hull Street Road, and generally as shown on
Exhibit B at the secondary entrance to the development.
( P)
6.
Wall Along Hull Street Road. Within the setback along
Hull Street Road, a decorative wall with a height of at
least five (5) feet shall be provided. The wall shall
be constructed of brick, block with stucco finish, or
pre-cast concrete forms. If pre-cast forms are utilized,
both sides of the wall will bE! textured in similar form.
( P)
~.
7. Driveways. All private drivE~ways shall be hardscaped.
The exact treatment shall be approved at thE! time of
plan review. (P)
8. Building Materials and Foundation Treatment. All sides
of dwellings units shall be constructed with brick,
stone or concrete-composite type siding mat:erial. The
roofing materials shall be 30-oyear dimensional shingles.
All exposed portions of the foundation and exposed piers
supporting front porches shall be faced \lid th brick or
stone. (P)
9. Thllelling Size. Dwelling units shall have a minimum gross
floor area of 2000 square feet. (P)
10. Density. A maximum of 121 lots shall be permitted. (P)
11.
Timbering.
Virginia State
rE~moving dead
timbering on
pE~rmi t ha s
Except for timbering approved by the
Department of Forestry for the purpose of
or diseased trees, there shall be no
the Property Lmtil a land disturbance
been obtained from the Environmental
06-1040
11/21/06
Engineering
installed.
Department
(EE)
and
the
approved
devices
12. Utilities. Public water and wastewater systems shall be
used. (U)
,-
13. Cash Proffer. The applicant, sub-divider, or
assignee (s) shall pay the following to the County of
Chesterfield prior to the issuance of building permit
for infrastructure improvements within the service
district for the property:
a. $15,600 per dwelling unit, if paid prior to July 1,
2007; or the amount approved by the Board of
Supervisors not to exceed $15,600 per dwelling unit
adjusted upward by any increase in the Marshall and
Swift Building Cost Index between July 1, 2006, and
July 1 of the fiscal year in which the paYment is
made if paid after June 30, 2007.
b. Cash proffer payments shall be spent for the
purposes proffered or as otherwise permitted by
law. Should any impact fees be imposed by
Chesterfield County 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 be in
addition to, any impact fees, in a manner
determined by the county. (B&M)
14. Access to Hull Street Road. Direct vehicular access
from the property to Hull Street Road shall be limited
to one (1) public road. This public road shall be
limited to right turns in/out at its intersection with
Hull Street Road. The exact location of this access
shall be approved by the Transportation Department. (T)
15. Transportation Improvements. The owner/developer shall
be responsible for the following:
a. Dedication to Chesterfield County, free and
unrestricted, of a forty (40) foot wide right-of-
way for an "east/west collector road" through the
property, unless otherwise required by VDOT.
b. Construction of two lanes of the east/west
collector road through the property. The exact
location of this improvement shall be approved by
the Transportation Department.
c.
Construction of additional
Street Road at the public
provide a right turn lane.
this improvement shall
Transportation Department.
pavement along Hull
road intersection to
The exact length of
be approved by the
-
d.
Removing the existing crossover on Route
Ladino Lane, to the extent approved by
including, but not limited to, removal
existing asphalt, grading, and seeding.
360 at
VDOT,
of the
e. Construction of sidewalk along both sides of the
east/west collector road.
06-1041
11/21/06
f. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. (T)
16. Phasing Plan. Prior to any construction plan approval, a
phasing plan for the required road improvements, as
identified in Proffered Condi tion 15 above, shall be
submitted to and approved by the 'I'ransportation
DepartmEmt. (T)
17. Public Roads. All roads within the property (not
including alleys) shall be designed and constructed to
VDOT standards and taken into the State System ("Public
Roads"). Prior to or in conjunction with recordation of
the initial subdivision, rights of way for the Public
Roads shall be dedicated, free and unrestricted, to and
for the benefit of Chesterfield County. (T)
18. Restrict.ive Covenants. Prior to subdivision plan
approval, Restrictive Covenants shall be recorded that
provide for the following:
a. No unit shall be used except for residential and
home occupation purposes as provided in the
Chesterfield County Zoning Ordinance with the
exception of an office model used for the purpose
of marketing the units to homebuyers.
b. No noxious or offensive activity shaJ"l be carried
on by any resident, nor shall anything be done
thereon which may be, or become, an annoyance or
nuisance to the neighborhood.
c. No structure of a temporary character, trailer,
tent, shack, garage, or other outbuilding shall be
used at any time as a residence either temporarily
or permanently, and to this end, any building to be
constructed in this development shall be completed
wit.hin one year from the issue date of it's
building permit. Any PODs, storage bins, moving
units, etc. shall only be permitted on thE! premises
for no more than 48 hours. Temporary trailers may
be used by the developer or the developer's
contractors to be use as construction offices only
for the time period to cover the construction of
the roads and dwelling units.
d. No campers, house trailers or boats shall be parked
on the premises, except for loading and unloading
activities. No skateboard platforms, large dish
television antennae as permi tted by law (exceeding
two feet in diameter) f or television or radio
towers shall be placed on the premises. No dish
television antennae shall be visible from the
street for the respective residence.
e. No sign of any kind shall be displayed to the
public view on any yard except one professional
sign of not more than three square feet and one
sign of not more than five square feet acwertising
the property for sale, and one sign of not more
than five square feet for a builder to advertise
06-1042
11/21/06
the property during the construction and sales
period.
f. No animals, livestock, or poultry of any kind shall
be raised, bred, or kept on any lot except that
dogs, cats, or other household pets may be kept
therein if they are not kept, bred, or maintained
for any commercial purposes.
-
g. No part of this development shall be used or
maintained as a dumping ground for rubbish, trash,
garbage, or other waste. No rubbish, trash,
garbage, and other waste shall be kept by any unit
except in sanitary containers, and all equipment
for the storage or disposal of such material shall
be kept in a clean and sanitary condition. No
central dumpsters shall be provided. Each unit
shall be provided an area that is screened and
built on concrete slab to hold the sanitary
containers.
h. Each and every covenant and condition herein
imposed may be enforced by the undersigned or by
the owner of any unit by appropriate proceedings at
law or in equity against any party violating or
attempting or threatening to violate the same to
prevent or rectify such violation and to recover
damages therefore.
1. The covenants and conditions herein contained shall
run wi th the land and shall be binding upon the
subsequent owner or owners of all or any unit and
each and every portion of the land shown on the
plat and all parties claiming through or under such
owner or owners.
j. All dwelling units shall have washer and dryer
hookups.
k. Establishment of a homeowners association that
shall be responsible for repair and maintenance of
all common areas and building exteriors on
individual lots. A mandatory fee shall be assessed
on a regular basis to provide funds for such repair
and maintenance by the homeowners association.
1. Incorporation of Design Guidelines for the
Property, which shall include the items set out in
Items To Be Included in Design Guidelines, attached
as Exhibit C, which Design Guidelines shall be
administered by an architectural review corrunittee
( \\ ARC 1/) .
,-
m. The restrictive covenants and Architectural
Guidelines shall not be changed until fifteen (15)
years after the date of the issuance of the first
building permit.
n. No detached accessory buildings, other than
garages, shall be permitted on individual lots.
Garages shall not exceed 30 feet in width, and
windows therein shall not exceed 20 feet above
ground level.
06-1043
11/21/06
0, Propane tanks with a capacity exceeding forty (40)
pounds shall not be permitted.
p" An automated sprinkler system shall be rE!quired in
the front yards of each individual lot. (P)
19.
Garages and Alleys.
shall have garages.
located no closer to
the dwelling unit.
All homes located on the Property
Front loaded garages shall be
the street than the front facade of
(P)
20. Lot Area and width. Each lot shall have an area not less
than 5,000 square feet and a lot width of not less than
f:.fty (50) feet. (P)
21. Contribution for Traffic Sign.al. Upon a detE~rmination
that installation of a traffic signal at the
intersection of Amberleigh Boulevard and Hull Street
Road (Route 360) is warranted, as determined by the
Transportation Department, and upon request by the
Transportation Department, at any time within a five (5)
year period following recordation of the initial
subdivision plat for the property, the applicant, its
successors or assigns, shall pay $30,000.00 to
Chesterfield County for installation of thE::! signal. In
the event the cash contribution is not used for this
purpose within five (5) years from the date of the
contribution, and upon written request submitted to the
Transportation Department, the cash contribution shall
be returned in full to the payer. (T)
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
18. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Marleen Durfee stated the Upper Swift Creek Plan
amendment has not been completed because of both water
quality and transportation components. She expressed
concerns that she was unable to speak the Public Comment
Period on the agenda. She suggested, if the Board is going
to change its agenda, that it do so at the beginning of the
meeting so that people will not miss a public comment period.
She stated she is disappointed that the Transportation Summit
did not include Planning Commission members, legislators and
other stakeholders, and that the discussion evolved around
financing options and not other transportation issues, such
as land use and transportation. She further stated funding
is not the only answer to solving the county's traffic
congestion issues.
Mr. King commended the Board on working together at
yesterday's transportation summit, indicating that no one was
denied their right to speak.
-'
06-1044
11/21/06
19. ADJOURNMENT
On motion of Mr.
adjourned at 9:20
King, seconded by Mr. Warren, the Board
p.m. until December 13, 2006 at 3:30 p.m.
Ayes: King, Miller, Humphrey, Sowder and Warren.
Nays: None.
....-...,
')/ (II J -\ A'" ,I.I'} )/i~1
Ie I,-t .f' (, ',:~, {"I'
, . \V' . _
Lane B. Ramsey-,/
County Administrat~r
~) ( ..'~
7\ XI) " \0kb i' t~~
R. M. "Dickie" King, Jr. )
,--
Chairman
06-1045
11/21/06
i}