05-23-2007 Minutes
BOARD OF SUPERVISORS
MINUTES
May 23, 2007
Supervisors in Attendance:
Mr. Kelly E. Miller, Chairman
Mrs. Renny B. Humphrey, Vice Chrm.
Mr. R. M. "Dickie" King, Jr.
Mr. Donald D. Sowder
Mr. Arthur S. Warren
Mr. Lane B. Ramsey
County Administrator
07-443
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. Jana Carter, Dir.,
Juvenile Services
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Charles Dane, Dir.,
External Services
Mr. Will Davis, Dir.,
Economic Development
Ms. Rebecca Dickson, Dep.
County Administrator for
Human Services
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. Thomas E. Jacobson,
Dir., Revitalization
Ms. Kathryn Kitchen, Asst.
Supt. of Schools for
Business and Finance
Ms. Mary Lou Lyle, Dir.,
Accounting
Chief Paul Mauger,
Fire Department
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Mr. Francis Pitaro, Dir.,
General Services
Ms. Sarah Snead, Dir.,
Social Services
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Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Kirk Turner, Dir.,
Planning
Mr. Miller called the regularly scheduled meeting to order at
3:04 p.m.
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1. APPROVAl, OF MINUTES FOR APRIL 25, 2007
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved the minutes of April 25, 2007, as submitted.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. REPOR'I~ FROM SUBSTANCE ABUSE FREE E:NVIRONMENT,
INCORPORATED
Mr. Wayne Frith, Executive Director of Substance Abuse Free
Environment, Incorporated (SAFE) introduced Ms. Kate Doyle, a
senior at James River High School and Chair of the Underage
Drinking Task Force, to provide details of the task force's
report.
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Ms. Doyle stated the task force was created as a result of
responses to a survey that was distri.buted to students in
grades 8 -12 to learn about the issue of underage drinking.
She provided details of the alarming results of an informal
questionnaire distributed by the task force at youth events
sponsored by the county and of compliance checks performed at
local businesses by underage members of the task force. She
also provided details of her personal experiences while
participating in underage compliance checks.
Mr. Frith stated the intent of the task force's
recommendations is to create an environment so that it
perfectly clear to every retail merchant, every citizen, and
every young person in Chesterfield County, that there is an
at ti tude of intolerance toward underage drinking. He then
reviewed the recommendations of the task force: 1) build
partnerships with county merchants to determine how to reduce
the sale of alcohol to underage buyers; 2) explore ways to
increase accountability for adults; 3) find ways to
communicate information to the Police Department about the
sale of beer in kegs; 4) explore programs that would
discourage underage drinking on weekemds; 5) continue to -
gather information from the youth population regarding the
issue; and 6) continue 1:0 partner with the Police Department
with underage compliance checks. He invited Board members to
assist SAFE in addressing the recommendations of the task
force.
In response to Mr. King's questions, Mr. Frith stated the
Virginia Alcoholic Beverage Control Board partnered with SAFE
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in this effort by providing the funding for the entire
project. He further stated the ABC Board administers
compliance checks to merchants that are randomly selected
from a computer database. He stated SAFE is proposing to
collect information for targeted underage compliance checks.
He further stated the ABC Board has determined that the rate
of noncompliance in Chesterfield is better than the state
average.
Mr. King suggested an advertisement listing the merchants who
are not in compliance and offered to assist SAFE in any way
that he can.
Mr. Warren congratulated Mr. Frith on SAFE's efforts in the
area of underage drinking awareness.
Discussion ensued relative to an incident and pending lawsuit
in Henrico County that has raised community awareness of the
issue of underage drinking and penalties associated with it.
Mr. Miller applauded SAFE's efforts. He expressed concerns
relati ve to children seeing their parents drinking in the
home, the glorification of drinking through entertainment,
and colleges and universities not punishing students for
drinking.
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Mr. Frith stated SAFE is very much aware that parents send
the strongest message about drinking, and this is the
greatest audience that the task force wants to reach. He
further stated parents should understand that, although
alcohol is seen as a recreational supplement, it is, in fact,
a dangerous and addictive drug.
Mr. Ramsey commended Mr. Frith and the SAFE Board for
focusing on what can be done in the county to address the
underage drinking issue.
2.B. CHESTERFIELD COUNTY'S SECOND ANNUAL ENVIRONMENTAL FAIR
PRESENTATION
Mr. pitaro provided details of the success of the county's
second annual Environmental Fair held on April 21, 2007
inside Chesterfield Towne Center. He stated 267 residents
recycled 26,000 pounds of electronics equipment at the fair,
and ten residents signed up for the Adopt-A-Spot Program.
"Clarabelle Clean-Up"
members with mementos
messages.
(Ms.
from
Pam
the
Cooper) presented Board
fair with environmental
2.C. RECOGNITION OF FOSTER CARE MONTH AND A PRESENTATION ON
PRIDE
Ms. Snead informed the Board that May has been designated as
"Foster Care Month" in virginia. She introduced Mr. Scott
Gilchrist, Permanency Team Supervisor, to provide details of
the county's Foster Care Program. She expressed appreciation
to all of the county's foster parents for their caring and
dedication.
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Mr. Gilchrist provided details of the county's Foster Care
Program. He stated the average population in foster care in
Chesterfield and Colonial Heights is currently 150-160
children. He reviewed foster care population by age and by
placement. He provided details of the Adoption and Safe
Families Act of 1997. He discussed PRIDE (Parent Resources
for Development and Education) training and foster/resource
family competencies. He reviewed predictors of increasing
reunification; PRIDE requirements; the PRIDE curriculum; and
Year 2006 PRIDE training results.
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Mr. Miller commended Mr. Gilchrist on his dedication to the
children of Chesterfield County.
UPPER SWIFT CREEK PLAN AMENDMENT CLARIFICATION
Mr. Ramsey referenced a recent newspaper article, which
indicated that the proposed Upper Swift Creek Plan includes
higher taxes. He clarified that the Plan in its current
draft does not include a recommendation for creating a
transportation district in the Upper Swift Creek area.
Mr. Turner came forward and stated the Plan does not include
a recommendation for a tax rate increase to support
transportation improvements. He further stated, in preparing
a comprehensive plan, staff performs background investigation
and discussions with Planning Commissioners and residents of
the community regarding their vision for the plan, which is
captured in supplements. He noted that there is a package of
supplements that accompanies the Upp~~r Swift: Creek Plan
documenting all of the background work that staff has done,
some of which is recommended in the Plan and some of which is -
not. He reiterated that, in this case, the Plan does not
include a recommendation for a tax dif3trict or a tax rate
increase.
GODSPEED EVENT UPDATE
Ms. Dickson provided details of the success of the Godspeed
event at Henricus Park. She stated between 15,000-18,000
people visited Henricus during the four days thE~ Godspeed was
at the park. She further stated approximately 1,000 school
children from Henrico and Chesterfield visited. the park on
Monday and Tuesday. She stated the attendance was astounding
at Henricus Park, which has been described by Ms. Pauline
Mitchell, Chairman of the Henricus Board, as "the region's
best kept secret." She noted that at the ::;:ame time the
county was hosting these visitors, it also hosted a five-
member government delegation from Gravesham, England and 16
members of the Gravesham twinning dele9ation. She expressed
appreciation to the Henricus Foundation, Chesterfield's
partners at. Henrico County, Dominion Virginia Power and
Chesterfield County employees, and hOf::t families for their
support of these events.
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Mr. Warren stated the event was fantastic, and staff
participation was overwhelming. He inquired whether there
are any fut:ure plans for schoolchildren to experience the
history of Chesterfield County and of the Native Americans.
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Mr. Ramsey stated schoolchildren from the region routinely
visit Henricus. He further stated this event has increased
the awareness of Henricus Park, and he expects to see many
more schoolchildren visiting Henricus on field trips in the
future. He stated the event provided the county with an
opportunity to establish a new relationship with the Virginia
Indians, and staff looks forward to involving them in future
events.
Mr. Warren stated, after visiting Jamestown for two days, he
thinks Henricus did a better job of involving individuals to
explain historical details to citizens and children. He
further stated the progress that has been made at Henricus is
amazing.
Mr. Sowder stated he was very impressed with the
Henricus, which demonstrated that Chesterfield
significant part in the region's history.
event at
played a
Mrs. Humphrey stated she was most impressed with the
spectacular view of the Godspeed as it came around the bend
of the James River. She stated county staff did a fantastic
job with the event.
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 Mrs. Humphrey, seconded by Mr. Warren, the Board
added Item 8. B. 20., Initiation of an Application to Rezone
the Winchester Forest Site; added Item l3.B., Closed Session
Pursuant to Section 2.2-37l1(A) (1), Code of Virginia, 1950,
as Amended, to Discuss the Nominee of the Police Chief
Selection Committee to the Position of Chief of Police;
replaced Item l6.D., Public Hearing to Consider an Ordinance
to Establish the "Cedar Crest Sewer Assessment District" for
Five Lots in the Eng)ewood and Saint Johns Woods
Subdivisions; replaced Item l6.H., Public Hearing to Consider
the Exercise of Eminent Domain for the Acquisition of Water
and Temporary Construction Easements for the Southwest
Corridor Waterline Project Part B; replaced Item 16. I.,
Public Hearing to Consider the Exercise of Eminent Domain for
the Acquisition of Water and Temporary Construction Easements
for the Southwest Corridor Waterline Project - Part A; and
adopted the Agenda as amended.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
5. RESOLUTIONS
5.A. RECOGNIZING COMCAST CABLEVISION FOR A DONATION TOWARDS
THE 2007 "CHESTERFIELD CELEBRATES" CAMPAIGN BY
CHESTERFIELD COUNTY PARKS AND RECREATION DEPARTMENT
Mr. Golden introduced Mr. Kenneth Dye and Ms. Monica
Callaghan, who were present to receive the resolution.
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On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County
Department provides wholesome, family
enjoyment of county residents; and
Parks and Recreation
activities for the
WHEREAS, the annual Fourth of July Celebration, Richmond
Symphony concerts at Pocahontas Park, and Parade of Lights
are among the free events that offer entertainment to
citizens of all ages; and -'
WHEREAS, Comcast Metro Richmond has continued to provide
a generous donation to be used by the Parks and Recreation
Department towards the 2007 "Chesterfield Celebrates"
campaign; and
WHEREAS, this donation is a maj or component toward the
enhancement of the special events funded through this
campaign; and
WHEREAS, Comcast Metro Richmond continues to give back
to the Chesterfield community through their sponsorship; and
WHEREAS, through the cooperative efforts of Mr. Kirby
Brooks, Area Vice President and General Manager, and Mr.
Kenneth M. Dye, Director Government l~.ffairs and Community
Affairs, the spirit of community/private par1:nerships has
provided the department with increased awareness to explore
similar opportunities for other programs; and
WHEREAS, Chesterfield County greatly appreciates this
donation and is looking forward to continuing a strong
relationship with Comcast Metro Richmond.
-'
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 23rd day of May 2007,
publicly recognizes Comcast Metro Richmond for its generous
contribution toward the 2007 "Chesterfield Celebrates"
campaign.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Comcast Metro Richmond and that
this resolution be permanently recorded among the papers of
this Board of Supervisors of Chesterfield County, Virginia.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Warren presented the executed re:::iolution to Mr. Dye,
accompanied by Ms. Callaghan, and Mr. Dave Caras, Community
Recreation Manager with the Parks and Recreation Department,
and expressed appreciation for Comcast Metro Richmond's
generous donation, as well as the numerous contr~ibutions they
provide to the county.
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Mr. Dye expressed appreciation to the Board for the
recognition and stated he hopes that Comcast employees were
able to contribute to the events at Henricus last weekend by
volunteering last fall to clean up and rebuild trails at the
park.
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S.B. RECOGNIZING POLICE DEPARTMENT CHAPLAIN BOB FLOYD UPON
HIS RETIREMENT AND FOR HIS MANY YEARS OF SERVICE TO THE
DEPARTMENT AND TO THE RESIDENTS OF CHESTERFIELD COUNTY
Colonel Baker introduced Chaplain Bob Floyd, who was present
to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, law enforcement is a difficult and challenging
profession that sometimes must deal with situations that are
highly emotionally charged; and
WHEREAS, these situations can involve accidents, serious
inj ury or death of members of the community, criminals and
suspects, and law enforcement personnel; and
WHEREAS, in such circumstances,
and counsel of a chaplain can bring
affected by the injury or loss; and
the strength, support
great comfort to those
WHEREAS, Chaplain Bob Floyd has served as a volunteer
with the Chesterfield County Police Department for more than
15 years in the capacity of police chaplain; and
WHEREAS,
and families
the loss of a
Chaplain Floyd has assisted many individuals
in their greatest time of need, especially in
loved one; and
WHEREAS, additionally, Chaplain Floyd has served as a
counselor for police families and has also served as the
chaplain and mentor to many police recruits; and
WHEREAS, during 2006 alone, Chaplain Floyd volunteered
hundreds of hours in order to provide needed services; and
WHEREAS, Chaplain Floyd also is the volunteer external
sponsor of the Vietnam Veterans of America, Powhatan
Incarcerated Chapter, 682, and as such, provides chaplain
services to veterans who are incarcerated at Powhatan and
Deerfield facilities; and
WHEREAS, in October 2006, Chaplain Floyd was selected by
Chesterfield County to act as Presidential Greeter, and he
and his wife, Jean, met President Bush at Richmond Airport,
where Chaplain Floyd was presented with the President's
Volunteer Service Award; and
WHEREAS, Chaplain Floyd was inducted into the
Chesterfield Senior Hall of Fame on October 26, 2006; and
WHEREAS, Chaplain Floyd has announced his retirement as
a police chaplain.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 23rd day of May 2007,
publicly recognizes Chaplain Bob Floyd and extends, on behalf
of all Chesterfield County residents, sincere appreciation
for his many years of selfless service to others, gratitude
for the comfort he has brought~ to many individuals and
families in very difficult and trying times, and best wishes
to Chaplain Floyd and his wife, Jean, for a long and happy
retirement.
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AND, BE
resolution be
resolution be
Supervisors of
IT FURTHER RESOLVED that a
presented to Chaplain Floyd,
recorded among the papers of
Chesterfield County, Virginia.
copy
and
this
of this
that this
Board of
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution to Chaplain
Floyd, accompanied by his wife and Colonel Baker, thanked him -
for his many years of service to the Police Department and to
the residents of Chesterfield County, and congratulated him
on his retirement.
Chaplain Floyd thanked the Board for the recognition and
stated he has been blessed by his association with the
Chesterfield. County Police Department.
Mr. Warren excused himself from the meeting.
S.C. RECOGNIZING THE ETTRICK NEIGHBORHOOD AND BUSINESS
FOUNDATION, VIRGINIA STATE UNIVERSITY, THE RUDI JOHNSON
FOUNDATION, THE ETTRICK HISTORICAII SOCIETY, MR. R. L.
DUNN AND THE FRIENDS OF ETTRICK SOCIETY FOR THEIR
CONTRIBUTIONS AND PARTICIPATION IN THE ETTRICK CLEAN UP
DAY MAY 5, 2007
Mr. Stith introduced rv'Jr. Harold Himes, representing the
Ettrick Historical Society, Dr. Robert Turner, representing
Virginia State University, and Mr. R. L. Dunn, who were
present to receive the resolution.
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On motion of the Board, the following rE~solution was adopted:
WHEREAS, the Chesterfield County Board of Supervisors is
committed to addressing concerns about visual blight and
sustainability in our community, especially in our older
neighborhoods; and
WHEREAS, the Ettrick Neighborhood and Business
Foundation (ENBF) is a community organization dedicated to
promoting a healthy, clean and safe community free of visual
blight; and
WHEREAS, virginia State University (VSU) is an
institution of higher learning dedicated to instilling in its
students the importance of community service a.s a catalyst
for change thereby promoting excellence in all areas of life;
and
WHEREAS, the Rudi Johnson Foundation is a non-profit
organization that works with the private sector and
government agencies at all levels to provide support to
community-based organizations to improve the quality of life
for the citizens of the community; and
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WHEREAS, the Ettrick Historical Society is a group of
concerned citizens who desire to preserve and protect the
history, charm and vitality of the Ettrick Village; and
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WHEREAS, Mr. R. L. Dunn has shown himself to be an
entrepreneur dedicated to assisting whenever and wherever
possible and contributing his resources toward improving the
quality of life and producing a positive impact on the
community particularly in the Ettrick Village; and
WHEREAS, the Friends of Ettrick Society is a founding
group of concerned citizens dedicated to maintaining the
charm, beauty and sustainability of the Ettrick Village by
promoting a clean and safe community that is free of visual
blight; and
WHEREAS, Chesterfield County
citizens identified the need for
effort to spur revitalization
attractive, safe environment free
Ettrick Village; and
officials, employees and
a cohesive, collaborative
and promote a clean,
of visual blight for the
WHEREAS, the Ettrick Village Clean Up Day is a community
event sponsored, organized and planned through the
collaborative efforts and resources of the Matoaca District
Supervisor Renny Bush Humphrey; Matoaca District Planning
Commissioner F. Wayne Bass; the Ettrick Neighborhood and
Business Foundation; VSU; the Rudi Johnson Foundation; the
Ettrick Historical Society; Mr. R. L. Dunn; the Friends of
Ettrick Society; and Chesterfield County Departments of
Building Inspections, Planning, Waste and Resource Recovery
Management, Police and Community Revitalization, to decrease
visual blight in the Village of Ettrick by the removal of
appliances, junk, trash, brush and debris; and
WHEREAS, the Ettrick Village Clean Up Day provides an
opportunity for the community to build coalitions and
partnerships, both public and private, that promote positive
change and improve the vitality and sustainability of the
Ettrick Village and thereby, the county as a whole; and
WHEREAS, the following local businesses have supplied
resources in support of this activity with the assistance of
VSU and the Rudi Johnson Foundation, Ettrick United Methodist
Church and the United States Marines, Marine Core Detachment
Fort Lee: Anthem; S & S Tire; The Bank of McKenney; Pepsi;
Ukrop's; Wawa; Frito-Lay; Sam's Club; Papa John's Pizza;
Little Caesar's; and Vincenzo's Italian Restaurant.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 23rd day of May 2007,
publicly recognizes the Ettrick Neighborhood and Business
Foundation; Virginia State University; the Rudi Johnson
Foundation; the Ettrick Historical Society; Mr. R. L. Dunn
and the Friends of Ettrick Society together with all the
local retailers, county employees and volunteers, both public
and private, for their participatlon and contributions to the
success of the Ettrick Village Clean Up Day on May 5, 2007,
and commends them for their unwavering support and commitment
to community and public service.
Ayes: Miller, Humphrey, King and Sowder.
Nays: None.
Absent: Warren.
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Mrs. Humphrey presented executed resolutions to Mr. Himes,
Dr. Turner and Mr. Dunn and thanked them and others for their
outstanding efforts in beautifying the Village of Ettrick.
Dr. Turner presented Mrs. Humphrey with a replica of a bronze
plaque that has been affixed to a Virginia State University
building in recognition of the county's support over the
years.
6. WORK SESSIONS
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There were no work sessions at this time.
7. DEFERRED ITEMS
There were no deferred items at this time.
8. NEW BUSINESS
S.A. APPOINTMENT
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
suspended its rules at this time to allow for simultaneous
nomination/reappointment of a member to serve on the Richmond
Metropolitan Convention and Visitors Bureau Board of
Directors.
Ayes: Miller, Humphrey, King and Sowder.
Nays: None.
Absent: Warren.
Mr. Warren returned to the meeting.
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o RICHMOND METROPOLITAN CONVENTION AND "VISITORS BUREAU
On motion of Mr. King, seconded by Mr. Sowder, the Board
nominated/reappointed Mr. Neil Amin, representing the county
at -large, to serve on the Richmond Metropolitan Convention
and visitors Bureau Board of Directors, whose term is
effective July 1, 2007 and expires December 31, 2007. (It is
noted Mr. Amin, who currently serves on the RMCVB Board of
Directors is being reappointed as a result of the
restructuring from a 32-seat board to 21 members and is
eligible for reappointment in January 2008 for a three-year-
term. )
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
S.B. CONSENT ITEMS
On motion of Mr. Warren, seconded by Mr. Kirlg I the Board --~
removed the following item from the Conl::ent Agenda for public
comment: Item 8. B. 18 . , Consideration by the Board of
Supervisors of the Decision of the Planning Commission
Recommending Denial of Amendments to the Upper Swift Creek
Plan.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
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\
B.B.l. APPROVAL OF LICENSE AGREEMENT WITH THE CHESTERFIELD
SOFTBALL ASSOCIATION INCORPORATED FOR THE SHORT-TERM
OPERATION OF CONCESSION FACILITIES AT THE HARRY G.
DANIEL PARK AT IRON BRIDGE AND THE WARBRO ROAD
ATHLETIC COMPLEX
On motion of Mr. Warren, seconded by Mr. King, the Board
authorized the County Administrator to enter into a license
agreement with the Chesterfield Softball Association
Incorporated for operation of concession facilities at the
Harry G. Daniel Park at Iron Bridge and the Warbro Road
Athletic Complex through October 2007.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
B.B.2. APPROVAL OF FY2007 SCHOOL BOARD GRANT FUND REVISIONS
On motion of Mr. Warren, seconded by Mr. King, the Board
increased the Instruction appropriation category in the
School Board's Grant Fund by $53,117.83, consistent with the
resolution adopted by the School Board and filed with the
papers of this Board.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
B.B.3. APPROVAL OF FY2007 SCHOOL BOARD CAPITAL IMPROVEMENT
PROGRAM (CIP) YEAR-END REVISIONS AND SET A PUBLIC
HEARING DATE OF JUNE 27, 2007 TO REVISE FY2007
CAPITAL IMPROVEMENT PROGRAM APPROPRIATIONS
On motion of Mr. Warren, seconded by Mr. King, the Board set
a public hearing date for June 27, 2007 at 6:30 p.m. for the
Board to consider increasing the appropriations in the School
Capital Improvements program by $3,188,100 for technology
projects ($39,OOO from the School Grants fund), for debt
service ($149,100 from interest earnings) and for air
conditioning work at Meadowbrook High School ($3,000,000 from
School Capital Improvement Program Reserve) .
And, further, the Board transferred $149,100 from the School
Capi tal Improvements fund to the School Operating fund for
debt service.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.4. APPROVAL OF FY2007 SCHOOL BOARD OPERATING FUND YEAR
END ADJUSTMENTS
On motion of Mr. Warren, seconded by Mr. King, the Board
authorized the County Administrator to reserve and
appropriate into FY2008 unspent FY2007 appropriations,
contingent upon positive results of operations within
individual departments and division wide, as determined by
the county's financial audit, as outlined in the papers of
this Board.
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And, further, the Board reduced the School Board's Operating
Fund appropriation by $359,400 and made appropriation changes
among categories consistent with the n~solution adopted by
the School Board on May 8, 2007 and filed with the papers of
this Board.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
S.B.5. ADOPTION OF RESOLUTIONS
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S.B.5.a. RECOGNIZING MAY 6-12, 2007, AS "NATIONAL ARSON
AWARENESS WEEK"
On motion of Mr. Warren, seconded by Mr. Kin~r, the Board
adopted the following resolution:
WHEREAS, in 2004, the most recent year for statistics,
36,000 intentionally set vehicle fires occurred, an increase
of 18 percent from the previous year; and
WHEREAS, arson has one of the lowest clearance rates of
any major crime; and
WHEREAS, the national clearance rate for arson in 2004
was 17.1 percent, and motor vehicle clearances were lower at
7.4 percent; and
WHEREAS, nearly 20 percent of all
vehicles, and arson is the second-highest
fires; and
arsons occur in
cause of vehicle
-
WHEREAS, the price that America pays for vehicle fires
is extreme; and
WHEREAS, arson is expensive In pass-along costs and
frequently in human life; and
WHEREAS, public awareness is one of the specific
responsibili ties of Chesterf ield Fire and Emergency Medical
Services and the County of Chesterfield; and
WHEREAS, the theme of this year's "Arson Awareness Week"
is "Vehicle Arson: Who Pays for this Crime?"
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the week of May 6-12,
2007, as "Arson Awareness Week" and calls upon the citizens
of Chesterfield County to participate in fire safety and
prevention by working jointly with Chesterfield Fire and
Emergency Medical Services to create and encourage community
awareness and understanding towards reducing the number of
vehicle fires and all fires caused by arson.
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Ayes: Miller.. Humphrey, King, Sowder and Warren.
Nays: None.
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S.B.5.b. RECOGNIZING MR. EMMETT ALLEN LUCK AND MR. TRAVIS
MYLES LUCK UPON ATTAINING RANK OF EAGLE SCOUT
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to their community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law
Mr. Emmett Allen Luck and Mr. Travis Myles Luck, both
of Troop 842, sponsored by Swift Creek Baptist Church have
accomplished those high standards of commitment and have
reached the long-sought goal of Eagle Scout which is received
by only four percent of those individuals entering the
Scouting movement; and
WHEREAS, growing through their experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare themselves for roles as leaders in
society, Allen and Travis have distinguished themselves as
members of a new generation of prepared young citizens of
whom we can all be very proud.
NOW, THEREFORE,
County Board of
congratulations to Mr.
Luck, and acknowledges
such outstanding young
BE IT RESOLVED that the Chesterfield
Supervisors hereby extends its
Emmett Allen Luck and Mr. Travis Myles
the good fortune of the county to have
men as its citizens.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
S.B.S.c. RECOGNIZING MS. MONICA MARLO FOSTER UPON ATTAINING
THE GOLD AWARD
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the Girl Scouts of the United States of America
is an organization serving over 2.6 million girls and was
founded to promote citizenship training and personal
development; and
WHEREAS, after earning four interest proj ect patches,
the Career Exploration Pin, the Senior Girl Scout Leadership
Award, the Senior Girl Scout Challenge, and designing and
implementing a Girl Scout Gold Award project; and
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WHEREAS, the Gold Award is the highest achievement award
in Girl Scouting and symbolizes outstanding accomplishments
in the areas of leadership, community service, career
planning, and personal development; and
WHEREAS, the Girl Scout Award can only bE= earned by
girls aged 14-17 or in grades 9-12 and is received by less
than six percent of those individuals entering the Girl
Scouting movement; and
WHEREAS, Ms. Monica Marlo Foster, Troop 569, sponsored
by Grace Lutheran Church, has accomplished these high
standards and has been honored with the Girl Scouts of
America Gold Award by the Commonwealth Girl Scou.t Council of
Virginia; and
WHEREAS, growing 1:hrough her experiences in Girl
Scouting, learning the lessons of responsible citizenship,
and priding herself on the great accomplishmE:mts of her
country, Monica is indeed 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 Ms. Monica Marlo
Foster, extends congratulations on her attainment of the Gold
Award and acknowledges the good fortune of the county to have
such an outstanding young woman as one of its citizens.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8. B.S. d. ELECTING A 1.85 PERCENT VRS MUJ:.TIPLIER FOR PUBLIC
SAFETY (LEOS) EMPLOYEES
-
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution electing a 1.8S percent VRS
Multiplier for Public Safety (LEOS) employees, effective July
1, 2007:
WHEREAS, by resolution legally ad.opted and approved by
the Board of Supervisors, Chesterfield County, a political
subdivision, participates in the Virginia Retirement System
under Section 51.1-130 of the Code of Virginia, as amended;
and
WHEREAS, by resolution or resolutions legally adopted
and approved by the Board, Chesterfield County has elected to
provide the enhanced benefits described in Section 51.1-138,
subsection B to selected public safety employee groups, such
benefits being referred to collectively as "Section 138
Coverage", and
WHEREAS, the Vi.rginia General Assembly passed
legislation effective July 1, 2007, allowing Chesterfield
County to elect to provide for its employees with Section 138
Coverage a retirement allowance equal to the amount of
creditable service multiplied by 1.85 percent of average
final compensation as provided in clause (ii) in subsection A
(1) of Section 51.1-206 (the "1.85 Multiplier"); and
--"
WHEREAS, Chesterfield County desires to make this
irrevocable election and provide the 1.85 Multiplier to its
07-456
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employees that now have, or may ln the future be given,
Section 138 Coverage.
NOW, THEREFORE, BE IT RESOLVED that Chesterfield County
elects to establish the 1.85 Multiplier for all employees who
are now, or who may be in the future, provided Section 138
Coverage.
-
AND, BE IT FURTHER RESOLVED that Chesterfield County
agrees to pay the employer cost for providing the 1.85
Multiplier to all employees who are now, or who may be in the
future, provided Section 138 Coverage, pursuant to this
irrevocable election.
AND, BE IT FURTHER RESOLVED that the County
Administrator is authorized and directed in the name of
Chesterfield County to execute any required contract to carry
out this irrevocable election, and to do any other thing, or
things, incident and necessary in the lawful conclusion of
this matter. The seal of Chesterfield County shall be
affixed to any such contract and attested by the Clerk, and
the Treasurer of Chesterfield County is authorized and
directed to pay over to the Treasurer of Virginia from time
to time such sums as may be required to be paid by
Chesterfield County or its employees for this purpose.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
-
S.B.S.e. RECOGNIZING SERGEANT JAMES M. MAGDA, JR., POLICE
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Sergeant James M. Magda, Jr. retired from the
Chesterfield County Police Department after providing 26
years of quality service to the citizens of Chesterfield
County; and
WHEREAS, Sergeant Magda has faithfully served the County
in the capacity of Patrol Officer, Training Officer,
Investigator, Detective, and Sergeant; and
WHEREAS, Sergeant Magda served as Accreditation Manager
for the Police Department and was instrumental in assisting
the department with achieving the goal of becoming an
accredited agency; and
-
WHEREAS, Sergeant Magda has assisted
surrounding agencies in their accreditation process,
which they have also become accredited; and
numerous
through
WHEREAS, Sergeant Magda received the Police Star for
distinguishing himself on August 6, 1993, during a
devastating tornado which passed through the tri-cities area,
when while traveling north on Interstate 95, Officer Magda
observed a tornado funnel traveling along the Appomattox
River in a direction that would cause it to cross the heavily
traveled interstate; and acting quickly, he blocked the
northbound travel lane, preventing vehicles from entering the
07-457
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danger zone of the tornado, and preventing damage to property
and the possible loss of life; and
WHEREAS, Sergeant Magda has
thanks and appreciation for
citizens of Chesterfield County;
received numerous letters of
service rendered from the
and
WHEREAS, Sergeant Magda has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Sergeant Magda's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Sergeant James M.
Magda, 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.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.5.f. RECOGNIZING MAJOR JAMES T. NOWLIN, POLICE
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Warren, seconded by ]~r. King, the Board
adopted the following resolution:
WHEREAS, Maj or James T. Nowlin retired from the
Chesterfield County Police Department after providing 22
years of quality service to the citizens of Chesterfield
County; and
--'
WHEREAS, Major Nowlin has faithfully served the county
in the capacities of Patrol Officer, Field Training Officer,
Investigator, Sergeant, Lieutenant, and Captain, Inspector,
and Major; and
WHEREAS, Major Nowlin has also
Department as a General Instructor,
Driving Instructor, and as a member
Traffic Accident Reduction Team; and
served the Police
Firearms Instructor,
of the SWAT Team and
WHEREAS, Major Nowlin has served the citizens of
Chesterfield County in various commander positions to include
Special Response Unit Commander, Shift Commander, Co-Manager
of the Emergency Communications Center, and Commander of the
Uniform Operations Bureau; and
WHEREAS, Major Nowlin received a Certificate of
Commendation for his diligent work and team participation in
the resolution of a homicide case, where the intense
investigation led to the identification of three suspects who
were subsequemtly charged with murder, and a fourth suspect
that was charged with a related offense; and
-..-/
WHEREAS, Maj or Nowlin was commended
investigative skills while participatinq
task force, which brought resolution to
arson case of the First Baptist Church of
for his tenacious
on a multi-agency
the high profile
Centralia, and the
07-458
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professionalism and dedication to duty exemplified by members
of the task force resulted in the identification and arrest
of two adults and one juvenile for the arson of the historic
building; and
WHEREAS, Major Nowlin is a graduate of the Professional
Executive Leadership School; Federal Bureau of Investigations
National Academy, and Federal Bureau of Investigations Sniper
School; and
-
WHEREAS, Major Nowlin distinguished himself by
possessing the essential quality, skills and ambition to
become the first African American Captain, Lieutenant, and
Major of the Chesterfield County Police Department; and
WHEREAS, Major Nowlin has received numerous
thanks and appreciation for service rendered
citizens of Chesterfield County; and
let ters of
from the
WHEREAS, Major Nowlin
County Police Department
dedicated service; and
has
with
provided the Chesterfield
many years of loyal and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Major Nowlin's diligent service.
-
NOW, THEREFORE, BE IT RESOLVED that
County Board of Supervisors recognizes Major
and extends on behalf of its members and
Chesterfield County appreciation for his
county, congratulations upon his retirement,
for a long and happy retirement.
the Chesterfield
James T. Nowlin,
the citizens of
service to the
and best wishes
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.7. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.B.7.a. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE
SCHOOL BOARD TO PURCHASE A PITCHING MACHINE FOR THE
SOFTBALL PROGRAM AT THOMAS DALE HIGH SCHOOL
On motion of Mr. Warren, seconded by Mr. King, the Board
transferred a total of $1,300 from the Bermuda District
Improvement Fund to the School Board to purchase a pitching
machine for the softball program at Thomas Dale High School.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.7.b. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE
SCHOOL BOARD TO PURCHASE A TROPHY CASE FOR O.B.
GATES ELEMENTARY SCHOOL
On motion of Mr. Warren, seconded by Mr. King, the Board
transferred $2,256 from the Matoaca District Improvement Fund
to the School Board to purchase a trophy case for O.B. Gates
Elementary School.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-459
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8.B.7.c. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO
THE PARKS AND RECREATION DEPARTMENT TO MAKE FIELD
IMPROVEMENTS TO THE EXISTING BASEBALL FIELD AT
JAMES RIVER HIGH SCHOOL
On motion of Mr. Warren, seconded by Mr. King, the Board
transferred $2,000 from the Midlothian District Improvement
Fund to the Parks and Recreation Department to make field
improvements to the existing baseball field at James River
High School.
,-
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
S.B.S. AWARD OF CONTRACT TO CAPITAL CARBONIC GAS CORPORATION
KNOWN AS HARBOR DREDGE AND DOCK FOR CONSTRUCTION OF
DUTCH GAP CONSERVATION AREA CHANNEL BRIDGE
On motion of Mr. Warren, seconded by Mr. King, the Board
authorized the County Administrator to enter into a contract
with Capital Carbonic Gas Corporation, known as Harbor Dredge
and Dock, in the amount of $342,000, for construction of the
Dutch Gap Conservation Area Channel Bridge.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
S.B.9. AWARD OF CONSTRUCTION CONTRACTS
8.B.9.a. TO JOHNSON AND GLAZIER CONSTRUCTION COMPANY FOR THE
MEADOWRIDGE WATER LINE IMPROVEMENT PROJECT
--
On motion of Mr. Warren, seconded by Mr. King, the Board
awarded a construction contract to Johnson and Glazier
Construction Company, in the amount of $682,536.60, for the
Meadowridge Water Line Improvement proj ect, County proj ect
#05-0354, and authorized the County Administrator to execute
the necessary documents.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.9.b. FOR THE WOOLRIDGE ROAD (CHARTER COLONY PARKWAY TO
COALFIELD ROAD) BOND PROJECT
On motion of Mr. Warren, seconded by Mr. King, the Board
authorized the award of a construction contract, up to
$1,500,000, for the Woolridge Road (Charter Colony Parkway to
Coalfield Road) Bond Project.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
--'
S . B . 9 . c . FOR THE BEULAH ROAD (SUMMERLEA.F DRIVE TO HOPKINS
ROAD) BOND PROJECT
On motion of Mr. Warren, seconded by Mr. King, the Board
approved the design for the Beulah Road (Summerleaf Drive to
Hopkins Road) Bond Project, as presented at the April 3, 2007
07-460
OS/23/07
-
Citizen Information Meeting with the addition of sidewalk
from Cinderwood Drive to Hopkins Road; authorized the County
Administrator to enter into the necessary county/Virginia
Department of Transportation/consultant/contractor, right-of-
way acquisition, environmental permits, and or/construction
agreements acceptable to the County Attorney, for the
proj ect; authorized the advertisement of an eminent domain
public hearing, if necessary, to acquire the right-of -way;
authorized the County Administrator to enter into any
documents necessary to complete a conveyance to the county;
and authorized the County Administrator to award a
construction contract, up to $2.8 million, to the lowest
bidder.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
a.B.10. CONVEYANCE OF EASEMENTS TO VIRGINIA ELECTRIC AND
POWER COMPANY
a.B.I0.a. FOR UNDERGROUND CABLE TO PROVIDE SERVICE TO THE
NEW HARPERS MILL ELEMENTARY SCHOOL
On motion of Mr. Warren, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Virginia Electric and Power Company for underground cable to
provide service to the new Harpers Mill Elementary School.
(It is noted a copy of the vicinity sketch is filed with the
papers of this Board.)
c",.....
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
S.B.10.b. FOR UNDERGROUND CABLE TO PROVIDE SERVICE TO THE
NEW TOMAHAWK CREEK MIDDLE SCHOOL
On motion of Mr. Warren, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Virginia Electric and Power Company for underground cable to
provide service to the new Tomahawk Creek Middle School. (It
is noted a copy of the plat is filed with the papers of this
Board. )
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
a.B.ll. REQUESTS FOR PERMISSION
-
S.B.ll.a. FROM BRLYNNE LLC TO INSTALL A PRIVATE SEWER
SERVICE WITHIN A PRIVATE EASEMENT TO SERVE
PROPERTY ON JUSTICE ROAD
On motion of Mr. Warren, seconded by Mr. King, the Board
approved a request from Brlynne LLC for permission to install
a private sewer service within a private easement to serve
property at 14345 Justice Road, and authorized the County
Administrator to execute the sewer connection agreement. (It
07-461
OS/23/07
is noted a copy of the vicinity sketch is filed with the
papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
S.B.ll.b. FROM MOHAMMAD A. AND SARA ALl FOR A FENCE TO
ENCROACH WITHIN TWO EIGHT-FOO'r DRAINAGE EASEMENTS,
AN EIGHT-FOOT EASEMENT, A TEN-FOOT TEMPORARY
CONSTRUCTION EASEMENT, AND A 'rWENTY-FOOT AND
VARIABLE WIDTH SEWER EASEMENT ACROSS LOT 56,
TANNER VILLAGE, SECTION A AT CHARTER COLONY
-.-'
On motion of Mr. Warren, seconded by Mr. King, the Board
approved a request from Mohammad A. Ali and Sara Ali for a
fence to encroach within two 8-foot drainage easements, an 8-
foot easement, a 10-foot temporary construction easement and
a 20 -foot and variable width sewer easement across Lot 56,
Tanner Village, Section A at Charter Colony, subject to the
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
S.B.ll.c. FROM IRENE W. CARNES FOR A PROPOSED CONCRETE
DUMPSTER PAD TO ENCROACH WITHIN A STORM WATER
MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE
EASEMENT ACROSS CHESTER SQUARE, PARCEL B
On motion of Mr. Warren, seconded by Mr. King, the Board
approved a request from Irene W. Carnes for permission for a
proposed concrete dumpster pad to encroach within a storm
water management system/best management practice easement
across Chester Square, Parcel B, subject to the execution of
a license agreement. (It is noted a copy of the plat is
filed with the papers of this Board.)
---/
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
S.B.ll.d. FROM JOHN H. HARVEY FOR LANDSCAPING TO ENCROACH
WITHIN A TWENTY-FOOT SEWER EASEMENT, A SIXTEEN-
FOOT DRAINAGE EASEMENT AND AN EIGHT-FOOT EASEMENT
ACROSS LOT 23, MADISON VILLAGE, SECTION A AT
CHARTER COLONY
On motion of Mr. Warren, seconded by Mr. King, the Board
approved a request from John H. Harvey for permission for
landscaping to encroach wi thin a 20 - foot sewer easement, a
l6-foot drainage easement and an 8-foot easement across Lot
23, Madison Village, Section A at Charter Colony, subject to
the execution of a license agreement. (It is noted a copy of
the plat is filed with the papers of this Board.)
~_..
Ayes: Miller, Humphrey, King, Sowder and. Warren.
Nays: None.
07-462
OS/23/07
S.B.ll.e. FROM THOMLIN3 LLC TO INSTALL A PRIVATE SEWER
SERVICE WITHIN A PRIVATE EASEMENT TO SERVE
PROPERTY ON JUSTICE ROAD
-
On motion of Mr. Warren, seconded by Mr. King, the Board
approved a request from Thomlin3 LLC for permission to
install a private sewer service within a private easement,
and authorized the County Administrator to execute the sewer
connection agreement. (It is noted a copy of the vicinity
sketch is filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
S.B.ll.f. FROM WILLIAM BRAND AND DEBORAH B. INLOW FOR A
PROPOSED FENCE TO ENCROACH WITHIN A THIRTY-FOOT
DRAINAGE AND SEWER EASEMENT AND A SIXTEEN-FOOT
EASEMENT ACROSS LOT 61, STEWART VILLAGE, SECTION A
AT CHARTER COLONY
On motion of Mr. Warren, seconded by Mr. King, the Board
approved a request from William Brand Inlow and Deborah B.
Inlow for permission for a proposed fence to encroach within
a 30-foot drainage and sewer easement and a l6-foot easement
across Lot 61, Stewart Village, Section A at Charter Colony,
subj ect to the execution of a license agreement. (It is
noted a copy of the plat is filed with the papers of this
Board. )
-
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
S.B.ll.g. FROM DOUGLAS A. AND SARA A. JAMES FOR A PROPOSED
DECK TO ENCROACH WITHIN A FIVE-FOOT TEMPORARY
CONSTRUCTION EASEMENT ACROSS LOT 13, BLOCK A,
CROSS CREEK, SECTION B
On motion of Mr. Warren, seconded by Mr. King, the Board
approved a request from Douglas A. James and Sara A. James
for permission for a proposed deck to encroach wi thin a 5-
foot temporary construction easement across Lot 13, Block A,
Cross Creek, Section B, subject to the execution of a license
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
S.B.ll.h. FROM DONALD L. AND DANA H. LEONOWICZ FOR AN
EXCEPTION TO THE USE OF PUBLIC WASTEWATER FOR A
-
PROPOSED RESIDENTIAL STRUCTURE LOCATED ON RIVER
ROAD
On motion of Mr. Warren, seconded by Mr. King, the Board
approved a request from Donald L. and Dana H. Leonowicz for
an exception to the use of public wastewater for a proposed
residential structure located at 4905 River Road. (It is
noted a copy of the vicinity sketch is filed with the papers
of this Board.)
07-463
OS/23/07
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.12. DESIGNATION OF RIGHT OF WAY, TEMPORARY CONSTRUCTION
EASEMENTS AND VIRGINIA DEPARTMENT OF TRANSPORTATION
SIGHT DISTANCE AND SLOPE AND DRAINAGE EASEMENTS FOR
THE REPLACEMENT CLOVER HILL HIGH SCHOOL
On motion of Mr. Warren, seconded by Mr. King, the Board
designated right of way, temporary const.ruction easements and
Virginia Department of Transportation sight distance and
slope and drainage easements for the replacement Clover Hill
High School, and authorized the County Administrator to
execute the Declaration. (It is noted copies of the plats
are filed with the papers of this Board.)
--.".
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.13. ACCEPTANCE OF PARCELS OF LAND
8.B.13.a. FOR THE EXTENSION OF BRANDERMILL PARKWAY FROM THE
TRUSTEES OF COUNTRYSIDE CHRISTIAN CHURCH
On motion of Mr. Warren, seconded by Mr. King, the Board
accepted the conveyance of two parcels of land, containing a
total of 0.537 acres, from the Trustees of Countryside
Christian Church, for the extension of Brandermill Parkway,
and authorized the County Administrator to execute the deed.
(It is noted copies of the plats are filed with the papers of
this Board.
--
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.13.b. FOR THE EXTENSION OF CHESTNUT HILL ROAD AND
CHESTNUT HILL LANE FROM WHITE OAKS DEVELOPMENT,
LLC
On motion of Mr. Warren, seconded by Mr. King, the Board
accepted the conveyance of two parcels of land, containing a
total of 2.39 acres, from White Oaks Development, LLC, for
the extension of Chestnut Hill Road and Chestnut Hill Lane,
and authorized the County Administrator to execute the deed.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
----
8.B.13.c. ALONG THE SOUTH RIGHT OF WAY LINE OF WEST HUNDRED
ROAD FROM JAMES E. HIGGINS, SR. AND JAMES E.
HIGGINS, JR.
On motion of Mr. Warren, seconded by Mr. King, the Board
accepted the conveyance of two parcels of land, containing a
total of 0.026 acres, along the south right of way line of
West Hundred Road (State Route 10) from James Higgins, Sr.
and James E. Higgins, Jr., and authorized the County
07-464
OS/23/07
Administrator to execute the deed. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.13.d. ALONG THE SOUTH RIGHT OF WAY LINE OF BAILEY BRIDGE
ROAD FROM LEROY MCLAUGHLIN
-
On motion of Mr. Warren, seconded by Mr. King, the Board
accepted the conveyance of a parcel of land, containing 0.164
acres, along the south right of way line of Bailey Bridge
Road (State Route 654) from Leroy McLaughlin, and authorized
the County Administrator to execute the deed. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.13.e. ALONG CARVER HEIGHTS DRIVE AND FOR THE EXTENSION
OF RIVINGTON DRIVE FROM PRINCETON PROPERTIES,
INCORPORATED
,......
On motion of Mr. Warren, seconded by Mr. King, the Board
accepted the conveyance of three parcels of land, containing
a total of 1.70 acres, along Carver Heights Drive and for the
extension of Rivington Drive, from Princeton Properties,
Incorporated, and authorized the County Administrator to
execute the deed. (It is noted copies of the plats are filed
with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.13.f. FOR THE EXTENSION OF RIVINGTON DRIVE FROM RIVER
FOREST DEVELOPMENT COMPANY, LLC
On motion of Mr. Warren, seconded by Mr. King, the Board
accepted the conveyance of two parcels of land, containing a
total of 0.71 acres, for the extension of Rivington Drive
from River Forest Development Company, LLC, and authorized
the County Administrator to execute the deed. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.13.g. FOR THE EXTENSION OF BRANDERMILL PARKWAY FROM
GLENN M. HILL
........
On motion of Mr. Warren, seconded by Mr. King, the Board
accepted the conveyance of a parcel of land, containing a
total of 1.667 acres, for the extension of Brandermill
Parkway from Glenn M. Hill, and authorized the County
Administrator to execute the deed. (It is noted copies of
the plats are filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-465
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8.B.14. SET DATES FOR PUBLIC HEARINGS
8.B.14.a. TO CONSIDER AN ORDINANCE TO ESTABLISH THE
"IRONWOOD ROAD SEWER ASSESSMENT DISTRICT"
On motion of Mr. Warren, seconded by Mr. King, the Board set
the date of June 27, 2007 at 6:30 p.m. for a public hearing
for the Board to consider an ordinance to establish the
"Ironwood Road Sewer Assessment District."
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
'.-<
8.B.14.b. TO CONSIDER AN ORDINANCE TO ESTABLISH THE
"IRONWOOD ROAD WATER ASSESSMENT DISTRICT"
On motion of Mr. Warren, seconded by Mr. King, the Board set
the date of June 27, 2007 at 6:30 p.m. for a public hearing
for the Board to consider an ordinance to establish the
"Ironwood Road Water Assessment District."
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.14.c. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF RIGHT-OF-WAY, TEMPORARY AND
PERMANENT CONSTRUCTION EASEMENTS, PERMANENT
DRAINAGE EASEMENTS, AND UTILITY EASEMENTS FOR THE
ROUTE 10 WIDENING PROJECT FROM I-95 TO WARE BOTTOM
SPRING ROAD
---
On motion of Mr. Warren, seconded by Mr. King, the Board set
the date of June 27, 2007 at 6:30 p.m. for a public hearing
for the Board to consider the exercise of eminent domain for
the acquisition of right-of-way, temporary and permanent
construction easements, permanent drainage easements, and
utility easements for the Route 10 Widening Project from 1-95
to Ware Bottom Spring Road.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.14.d. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK
TRAFFIC ON OLD HAPPY HILL ROAD
On motion of Mr. Warren, seconded by Mr. King, the Board set
the date of June 27, 2007 at 6:30 p.m. for a public hearing
for the Board to consider the restriction of through truck
traffic on Old Happy Hill Road from Branders Bridge Road to
Happy Hill Road.
----'.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.14.e. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK
TRAFFIC ON BERMUDA HUNDRED ROAD
On motion of Mr. Warren, seconded by Mr. King, the Board set
the date of June 27, 2007 at 6:30 p.m. for a public hearing
07-466
OS/23/07
for the Board to consider the restriction of through truck
traffic on Bermuda Hundred Road from Kingston Avenue to
Meadowville Road.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
,-
8.B.14.f. TO CONSIDER THE PROPOSED AMENDMENT TO SECTION
19-227 OF THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, PERTAINING TO THE SALE OF
ALCOHOLIC BEVERAGES NEAR SCHOOLS, RESIDENTIALLY
ZONED PROPERTY, DAY CARE CENTERS, CHURCHES AND
OTHER PLACES OF WORSHIP
On motion of Mr. Warren, seconded by Mr. King, the Board set
the date of June 27, 2007 at 6:30 p.m. for a public hearing
for the Board to consider an amendment to Section 19-227 of
the Code of Virginia, 1997, as amended, pertaining to the
sale of alcohol beverages near schools, residentially zoned
property, day care centers, churches and other places of
worship.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.ls. STATE ROAD ACCEPTANCE
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
-
WHEREAS, the streets
recorded in the Clerk's
Chesterfield County; and
described below are shown on plats
Office of the Circuit Court of
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that 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.
Project:
Thornsett
Tvpe Chanae to the Secondary System of State Hiahwavs:
Addition
Basis for Change: New subdivision street
Statutory Reference: S33.1-229
07-467
OS/23/07
. Thornsett Drive, State Route Number 7186
From: Londmeadow Cr., (Rt. 5131)
To: Thornsett Ln., (Rt. 7187), a distance of: 0.04 miles.
Right of Way Record: Filed on 2/6/2006 in the Office of Clerk to Circuit Court, with a width of 50 feet.
Recordation Reference: Pb. 162, Pg. 80
. Thornsett Lane, State Route Number 7187
From: Thornsett Dr., (Rt. 7186)
--
To: Cul-de-sac, a distance of: 0.07 miles.
Right of Way Record: Filed on 2/6/2006 in the Office of Clerk to Circuit Court, with a width of 50 feet.
Recordation Reference: Pb. 162, Pg. 80
. Thornsett Drive, State Route Number 7186
From: Thornsett Ln., (Rt. 7187)
To: Cul-de-sac, a distance of: 0.13 miles.
Right of Way Record: Filed on 2/6/2006 in the Office of Clerk to Circuit Court, with a width of 50 feet.
Recordation Reference: Pb. 162, Pg. 80
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
.--./
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways "
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
this Board guarantees
as described, and any
drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project:
Eastfair Drive and Highland Glen Drive
Tvpe Chanae to the Secondary System of State Hiahwavs:
Addition
Basis for Change:
New subdivision street
....../'
Statutory Reference; S33.1-229
. Highland Glen Drive, State Route Number: 5160
From: Lammermoor Dr., (Rt. 5535)
To: Eastfair Dr., (Rt. 5186), a distance of: 0.21 miles.
Right of Way Record: Filed on 9/30/2003 in the Office of Clerk to Circuit Court, with a width of varies.
07-468
OS/23/07
Recordation Reference: Db. 5400, Pg. 662
· Eastfair Drive, State Route Number: 5186
From: Allerdice Tr., (Rt. 5162)
To: Highland Glen Dr., (Rt. 5160), a distance of: 0.16 miles.
Right of Way Record: Filed on 9/30/2003 in the Office of Clerk to Circuit Court, with a width of varies.
Recordation Reference: Db. 5400, Pg. 662
· Eastfair Drive, State Route Number: 5186
From: Highland Glen Dr., (Rt. 5160)
To: Temp EOM, a distance of: 0.26 miles.
Right of Way Record: Filed on 9/30/2003 in the Office of Clerk to Circuit Court, with a width of varies.
Recordation Reference: Db. 5400, Pg. 662
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
this Board guarantees
as described, and any
drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project:
Jessup Place
Tvpe ChanQe to the Secondary System of State HiQhwavs:
Addition
Basis for Change: New subdivision street
Statutory Reference: ~33.1.229
.~
. Damon Drive, State Route Number: 7170
From: Jessup Rd., (Rt. 643)
To: Lavelle Rd., (Rt. 7171), a distance of: 0.03 miles.
Right of Way Record: Filed on 1/14/1999 in the Office of Clerk to Circuit Court, with a width of 80 feet.
Recordation Reference: Pb. 102, Pg. 80
07-469
OS/23/07
. Lavelle Road, State Route Number: 7171
From: Damon Dr., (Rt. 7170)
To: Cul-de-sac, a distance of: 0.22 miles.
Right of Way Record: Filed on 1/14/1999 in the Office of Clerk to Circuit Court, with a width of 50 feet.
Recordation Reference: Pb. 102, Pg. 80
.
Damon Drive, State Route Number: 7170
.-,
From: Damon Dr., (Rt. 7170)
To: Cul-de-sac, a distance of: 0.19 miles.
Right of Way Record: Filed on 1/14/1999 in the Office of Clerk to Circuit Cou rt, with a width of 50 feet.
Recordation Reference: Pb. 102, Pg. 80
And, further, the Board adopted the following resolution:
WHEREAS, the street
recorded in the Clerk's
Chesterfield County; and
described below is shown on plats
Office of the Circuit Court of
WHEREAS, the Resident Engineer for
Department of Transportation has advised
street meets the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street --""
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivisio~St~~~t RequireTI~nts.
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
this Board guarantees
as described, and any
drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project:
Kingsland Glen, Section 1; remainder of
Type Chanae to the Secondary System of State Hiahways:
Addition
Basis for Change: New subdivision street
Statutory Reference: ~33.1-229
. Chickamauga Drive, State Route Number 5465
From: 0.01 mi. W of Kingsland Creek Dr., (Rt. 5446)
To: Lake Caroline Dr., (Rt. 7021), a distance of: 0.02 miles.
-'
Right of Way Record: Filed on 1/22/2002 in the Office of Clerk to Circuit Court, with a width of 40 feet.
Recordation Reference: Pb. 123, Pg. 44
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
07-470
OS/23/07
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that 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.
Project:
Meadowbrook Farm, Section I
Tvpe Chanae to the Secondary System of State Hi!:lhwavs:
Addition
Basis for Change: New subdivision street
Statutory Reference: ~33.1-229
· Ironstone Court, State Route Number: 7164
From: Ironstone Dr., (Rt. 5928)
To: Cul-de-sac, a distance of: 0.03 miles.
Right of Way Record: Filed on 2/10/2004 in the Office of Clerk to Circuit Court, with a width of 44 feet.
Recordation Reference: Pb. 141, Pg. 9
· Ironstone Drive, State Route Number: 5928
From: 0.005 mi. N ofWimbly Wy., (Rt. 5929)
To: Cul-de-sac, a distance of: 0.05 miles.
Right of Way Record: Filed on 2/10/2004 in the Office of Clerk to Circuit Court, with a width of 44 feet.
Recordation Reference: Pb. 141, Pg. 9
. Barnwood Drive, State Route Number: 5930
From: 0.02 mi. S ofWimblyWy., (Rt. 5929)
To: Cul-de-sac, a distance of: 0.04 miles.
Right of Way Record: Filed on 2/10/2004 in the Office of Clerk to Circuit Court, with a width of 44 feet.
Recordation Reference: Pb. 141, Pg. 9
-
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
07-471
OS/23/07
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 Virginia, and the
Department' s Subdivision Street Requireme~nts.
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
this Board guarantees
as described, and any
drainage.
'-
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project: Edgewater At The Reservoir, Section 4
Tvpe Chanae to the Secondary Svstem of State Hiahwavs:
Addition
Basis for Change: New subdivision street
Statutory Reference: ~33.1-229
. Fountain View Drive, State Route Number: 7175
From: Woolridge Rd., (Rl. 668)
To: Sailboat Ln., (Rt. 7176), a distance of: 0.28 miles.
Right of Way Record: Filed on 6/7/2004 in the Office of Clerk to Circuit Court, with a width of 50 feet.
Recordation Reference: Pb. 144. Pg. 44
-.-
.
Fountain View Drive, State Route Number: 7175
From: Sailboat Ln., (Rt. 7176)
To: Temp EOM, a distance of: 0.01 miles.
Right of Way Record: Filed on 6/7/2004 in the Office of Clerk to Circuit Court, with a width of 50 feet.
Recordation Reference: Pb. 144, Pg. 44
. Sailboat Lane, State Route Number: 7176
From: Fountain View Dr., (Rl. 7175)
To: Sailboat Cr., (Rt. 7178), a distance of: 0.03 miles.
Right of Way Record: Filed on 6/7/2004 in the Office of Clerk to Circuit Court, with a width of 50 feet.
Recordation Reference: Pb. 144, Pg. 44
. Sailboat Court, State Route Number: 7177
From: Sailboat Cr., (Rt. 7178)
To: Cul-de-sac, a distance of: 0.05 miles.
--",-
Right of Way Record: Filed on 6/7/2004 in the Office of Clerk to Circuit Court, with a width of 40 feet.
Recordation Reference: Pb. 144, Pg. 44
. Sailboat Circle, State Route Number: 7178
From: Sailboat Ln., (Rt 7176)
To: Sailboat PI., (Rt. 7179), a distance of: 0.23 miles.
07-472
OS/23/07
Right of Way Record: Filed on 6/7/2004 in the Office of Clerk to Circuit Court, with a width of 45 feet.
Recordation Reference: Pb. 144, Pg. 44
· Sailboat Place, State Route Number: 7179
From: Sailboat Cr., (Rt. 7178)
To: Cul-de-sac, a distance of: 0.08 miles.
Right of Way Record: Filed on 6/7/2004 in the Office of Clerk to Circuit Court, with a width of 40 feet.
Recordation Reference: Pb. 144, Pg. 44
· Sailboat Circle, State Route Number: 7178
From: Sailboat PI., (Rt. 7179)
To: Sailboat Dr., (Rt. 7180), a distance of: 0.09 miles.
Right of Way Record: Filed on 6/7/2004 in the Office of Clerk to Circuit Court, with a width of 45 feet.
Recordation Reference: Pb. 144, Pg. 44
· Sailboat Circle, State Route Number: 7178
From: Sailboat Dr., (Rt. 7180)
To: Sailboat Ln., (Rt. 7176), a distance of: 0.18 miles.
Right of Way Record: Filed on 6/7/2004 in the Office of Clerk to Circuit Court, with a width of 45 feet.
Recordation Reference: Pb. 144, Pg. 44
· Sailboat Drive, State Route Number: 7180
From: Sailboat Cr., (Rt. 7178)
To: Watermill Py" (Rt. 5583), a distance of: 0.09 miles.
Right of Way Record: Filed on 6/7/2004 in the Office of Clerk to Circuit Court, with a width of 50 feet.
Recordation Reference: Pb. 144, Pg. 44
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
~
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
this Board guarantees
as described, and any
drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
07-473
OS/23/07
Project: Edgewater at the Reservoir, Section 8
Tvpe Chan~e to the Secondary System of State Hiahwavs:
Basis for Change: New subdivision street
Addition
Statutory Reference: !i33.1-229
. Cove View Lane, State Route Number: 7053
From: 0.01 mi. E of Wave Ln., (Rt. 7052)
To: Savage View Dr., (Rt. 7181), a distance of: 0.05 miles.
Right of Way Record: Filed on 7/1/2004 in the Office of Clerk to Circuit Court, with a width of 45 feet.
Recordation Reference: Pb. 145, Pg. 69
. Cove View Lane, State Route Number: 7053
From: Savage View Dr., (Rt. 7181)
To: Cul-de-sac, a distance of: 0.07 miles.
Right of Way Record: Filed on 7/1/2004 in the Office of Clerk to Circuit Court, with a width of 45 feet.
Recordation Reference: Pb. 145, Pg. 69
. Savage View Drive, State Route Number: 7181
From: Cove View Ln., (Rt. 7053)
To: Fountain View Dr., (Rt. 7175), a distance of: 0.09 miles.
Right of Way Record: Filed on 7/1/2004 in the Office of Clerk to Circuit Court, with a width of 50 feet.
Recordation Reference: Pb. 145, Pg. 69
. Fountain View Drive, State Route Number: 7175
From: 0.01 mi. E of Sailboat Ln., (Rt. 7176)
To: Savage View Dr., (Rt. 7181), a distance of: 0.11 miles.
Right of Way Record: Filed on 7/1/2004 in the Office of Clerk to Circuit Court, with a width of 50 feet.
Recordation Reference: Pb. 145, Pg. 69
. Fountain View Drive, State Route Number: 7175
From: Savage View Dr., (Rt. 7181)
To: Cul-de-sac, a distance of: 0.07 miles.
Right of Way Record: Filed on 7/1/2004 in the Office of Clerk to Circuit Court, with a width of 50 feet.
Recordation Reference: Pb. 145, Pg. 69
. Savage View Drive, State Route Number: 7181
From: Fountain View Dr., (Rt. 7175)
To: Savage View PI., (Rt. 7182), a distance of: 0.05 miles.
Right of Way Record: Filed on 7/1/2004 in the Office of Clerk to Circuit Court, with a width of 50 feet.
Recordation Reference: Pb. 145, Pg. 69
. Savage View Place, State Route Number: 7182
From: Savage View Dr., (Rt. 7181)
To: Cul-de-sac, a distance of: 0.04 miles.
Right of Way Record: Filed on 7/1/2004 in the Office of Clerk to Circuit Court, with a width of 45 feet.
07-474
'.............-.
--
'-"
OS/23/07
Recordation Reference: Pb. 145, Pg. 69
· Savage View Drive, State Route Number: 7181
From: Savage View PI., (Rt. 7182)
To: Savage View Ct., (Rt. 7183), a distance of: 0.07 miles.
Right of Way Record: Filed on 7/1/2004 in the Office of Clerk to Circuit Court, with a width of 50 feet.
Recordation Reference: Pb. 145, Pg. 69
· Savage View Court, State Route Number: 7183
From: Savage View Dr., (Rt. 7181)
To: Cul-de-sac, a distance of: 0.07 miles.
Right of Way Record: Filed on 7/1/2004 in the Office of Clerk to Circuit Court, with a width of 45 feet.
Recordation Reference Pb. 145, Pg. 69
· Savage View Drive, State Route Number: 7181
From: Savage View Pl., (Rt. 7182)
To: Cul-de-sac, a distance of: 0.04 miles.
Right of Way Record: Filed on 7/1/2004 in the Office of Clerk to Circuit Court, with a width of 50 feet.
Recordation Reference: Pb. 145, Pg. 69
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
this Board guarantees
as described, and any
drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project:
Otterdale Pointe
TYDe Chanae to the Secondary System of State Hiahways:
Addition
Basis for Change: New subdivision street
Statutory Reference: ~33.1-229
07-475
OS/23/07
. Otterdale Pointe Drive, State Route Number: 7166
From: Otterdale Rd., (Rt. 667)
To: Kyloe Ln., (Rt. 7167), a distance of: 0.12 miles.
Right of Way Record: Filed on 1/20/2006 in the Office of Clerk to Circuit Court, with a width of 50 feet.
Recordation Reference Pb. 162, Pg. 13
.
Kyloe Lane, State Route Number: 7167
From: Otterdale Pointe Dr., (Rt. 7166)
To: Temp EOM, a distance of: 0.12 miles.
Right of Way Record: Filed on 1/20/2006 in Office of Clerk to Circuit Court, with a width of 50 feet -varies.
Recordation Reference: Pb. 162, Pg. 13
. Otterdale Pointe Drive, State Route Number: 7166
From: Kyloe Ln., (Rt. 7167)
To: Hilbay Tr., (Rt. 7168), a distance of: 0.07 miles.
Right of Way Record: Filed on 1/20/2006 in the Office of Clerk to Circuit Court, with a width of 50 feet.
Recordation Reference Pb. 162, Pg. 13
. Hilbay Terrace, State Route Number: 7168
From: Otterdale Pointe Dr., (Rt. 7166)
To: Cul-de-sac, a distance of: 0.11 miles.
Right of Way Record: Filed on 1/20/2006 in the Office of Clerk to Circuit Court, with a width of 50 feet.
--
Recordation Reference: Pb. 162, Pg. 13
. Otterdale Pointe Drive, State Route Number: 7166
From: Hilbay Tr., (Rt. 7168)
To: Cul-de-sac, a distance of: 0.15 miles.
Right of Way Record: Filed on 1/20/2006 in the Office of Clerk to Circuit Court, with a width of 50 feet.
Recordation Reference: Pb. 162, Pg. 13
And, further, the Board adopted the following resolution:
WHEREAS, the street
recorded in the Clerk's
Chesterfield County; and
described below
Office of the
is shown
Circuit
on plats
Court of
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
street meets the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
,---'".
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the 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 Requirem,~mts.
07-476
OS/23/07
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.
Project:
Red Fern Station
-
Type Chanae to the Secondary System of State Hiahways:
Addition
Basis for Change: New subdivision street
Statutory Reference: S33.1-229
· Red Fern Court, State Route Number 7190
From: Woolridge Rd., (Rt. 668)
To: Cul-de-sac, a distance of: 0.14 miles.
Right of Way Record: Filed on 1/20/2005 in the Office of Clerk to Circuit Court, with a width of 40 feet.
Recordation Reference Pb. 151, Pg. 6
And, further, 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 the Virginia
Department of Transportation has advised this Board the
street meets the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
this Board guarantees
as described, and any
drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project:
Sovereign Grace Drive
Type Chanae to the Secondary System of State Hiahways:
Addition
Basis for Change:
New subdivision street
-
Statutory Reference:
S33,1-229
. Sovereign Grace Drive, State Route Number: 7165
From: Charter Colony Py., (Rt. 950)
To: Temp EOM, a distance of: 0.18 miles.
07-477
OS/23/07
Right of Way Record: Filed on 5/21/2004 in the Office of Clerk to Circuit Court, with a width of 50 feet.
Recordation Reference: Db. 5756, Pg. 607
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.16. REQUEST TO QUITCLAIM A PORTION OF A VARIABLE WIDTH
DRAINAGE EASEMENT (PRIVATE) AND A PORTION OF A
VARIABLE WIDTH SEWER AND WATER l~ASEMENT ACROSS THE
PROPERTY OF BRECKENRIDGE 200 5 Ll~C
-'
On motion of Mr. Warren, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a.
portion of a variable width sewer and water easement
(private) and a portion of a variable width sewer and water
easement across the property of Breckenridge 2005 LLC. (It
is noted copies of the plats are filed with the papers of
this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.17. APPROPRIATION OF ROAD CASH PROFFER FUNDS AND
AUTHORIZATION TO PROCEED WITH THE BRANDERS BRIDGE
ROAD (STONEY GLEN) RECONSTRUCTI9N PROJECT
On motion of Mr. Warren, seconded by Mr. King, the Board
appropriated $100,000 in road cash proffers from Traffic Shed
18 for the Branders Bridge Road (Stoney Glen) Reconstruction
proj ect; and authorized the County Administrator to proceed
with the design, environmental permits, and right-of-way
acquisition, including advertisement of an eminent domain
public hearing if necessary.
--'
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.19. CONVEYANCE OF EASEMENTS\LICENSE~
8.B.19.a. TO VIRGINIA ELECTRIC AND POWER COMPANY FOR
UNDERGROUND CABLE TO PROVIDE SERVICE TO THE
BERMUDA SCHOOLS SITE
On motion of Mr. Warren, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute ease~ment and/or license
agreements with Virginia Electric and Power Company for
underground cable to provide service to the Bermuda Schools
site. (It is noted a copy of the vicinity sketch is filed
with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
--
8. B. 19 . b. TO VERIZON VIRGINIA INCORPOR.}"TED FOR UNDERGROUND
CABLE TO PROVIDE SERVICE TO 'I'HE BERMUDA SCHOOLS
SITE
On motion of Mr. Warren, seconded by lVIr. King, the Board
authorized the Chairman of the Board of Supervisors and
07-478
OS/23/07
the County Administrator to execute
license agreements with Verizon Virginia
underground cable to provide service
Schools site. (It is noted a copy of the
is filed with the papers of this Board.)
easement and/or
Incorporated for
to the Bermuda
vicinity sketch
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.20. INITIATION OF AN APPLICATION TO REZONE THE
WINCHESTER FOREST SITE
On motion of Mr. Warren, seconded by Mr. King, the Board
initiated an application to rezone the Winchester Forest site
on properties listed in the papers of this Board; appointed
Mr. Thomas Jacobson as the Board's agent; and waived zoning
disclosure requirements.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
The following items were removed from the Consent Agenda
for Board discussion:
8.B.6. REQUEST FOR A MUSIC/ENTERTAINMENT FESTIVAL PERMIT FOR
AMUSEMENT PROMOTIONS, INCORPORATED AND REITHOFFER
SHOWS TO CONDUCT A CARNIVAL AT CLOVERLEAF MALL ON
JUNE 7 THROUGH JUNE 17, 2007
Mr. Sowder stated he had a few complaints with the previous
carnival held at Cloverleaf Mall and is uncomfortable
approving this request so soon after the last permit was
approved for the same organization. He further stated,
although the carnival will benefit a worthwhile cause in the
City of Richmond, it is his opinion that there are areas of
Chesterfield around Cloverleaf Mall that could benefit from
the funds raised by the carnival.
When asked, Mr. Sowder stated complaints from neighbors
behind the mall included noise and lighting issues. He
expressed concerns that the applicant is requesting that the
hours of the carnival be extended to 11 p.m. on weekdays and
midnight on Fridays and Saturdays.
Mrs. Humphrey stated she recalls requesting a list of
charities that would benefit from the previously approved
carnival to determine whether there were any charities in the
Chesterfield community on the list.
Mr. Warren stated he did not think approving the first
carnival was a good idea because the county is trying to turn
Cloverleaf Mall into a first-class multi-use complex. He
expressed concerns that allowing carnivals on the premises
would send a mixed message to the residents.
Mr. Sowder made a motion, seconded by Mr. Warren, for the
Board to deny the request to grant Amusement Promotions,
Incorporated and Reithoffer Shows a music/entertainment
festival permit for a carnival at Cloverleaf Mallon June 7
through June 17, 2007.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-479
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8. B .14. g. TO CONSIDER AMENDMENT OF THE ,]~HOROUGHFARE PLAN IN
THE VICINITY OF THE BRANDY OAKS SUBDIVISION
Mrs. Humphrey stated she does not have a conflict with this
issue under the Virginia Conflict of Interest Act, but she
has been very careful not to participate in any discussion or
voting involving the Thoroughfare Plan.
Mrs. Humphrey then excused herself from the meeting.
-----
On motion of Mr. Warren, seconded by Mr.. King,
the date of June 27,2007 at 6:30 p.m.. for
consider an amendment of the Thorousrhfare
vicinity of Brandy Oaks Subdivision.
the Board set
the Board to
Plan in the
Ayes:
Nays:
Absent:
Miller, King,
None.
Humphrey.
Sowder and Warren.
Mrs. Humphrey returned to the meeting.
The following item was removed from the Consent Agenda for
public comment:
S.B.18. CONSIDERATION BY THE BOARD OF SUPERVISORS OF THE
DECISION OF THE PLANNING COMMISSION RECOMMENDING
DENIAL OF AMENDMENTS TO THE UPP:ER SWIFT CREEK PLAN
Ms. Sandra Mitchell expressed concerns relative to pollution
problems associated with the Swift Creek Reservoir and the
potential tax impact to clean it up. She stated the Board
must address the lack of informed planning, concomitant with
environmental impact studies, the shortfall of infrastructure
to support residential and business development, and double-
digit property taxation. She expressed concerns relative to
the Planning Commission's four-yea.r delay of the
environmental impact study for the QE.E.~~r Swift Creek Plan.
She requested that the Board stop any further development in
the Upper Swift Creek area until the mal:rni tude and source of
the pollution problems are identified; prohibit the use of
any fertilizers with phosphorous; establish steep fines for
homeowners and businesses who do not comply; and establish a
program focused on reducing pollution in the reservoir by
working in concert with citizens and communities, who have
for many years attempted to prevent pollution of the lake.
Mr. George
lingering
Commission.
a decision
rather than
Beadles expressed concerns relative to issues
for long periods of time in the Planning
He stated, in his opinion, the Board should make
regarding the Upper Swift Creek Plan amendment
sending it back to the Planning Commission.
--'
Ms. Susan Coffey, a resident of Lakepointe Subdivision,
stated she does not support the proposal for increased taxes
for residents of the Swift Creek Reservoir area to assist
with cleaning up the reservoir.
07-480
OS/23/07
Mr. Ramsey stated there is no tax increase recommended in the
Plan amendment for phosphorous clean up of the reservoir or
for transportation.
Ms. Coffey stated that is a good decision, and she hopes a
newspaper article will reflect that.
No one else came forward to speak to the issue.
Mr. Warren requested that the County Administrator send a
letter to Brandermill, Woodlake, Lakepointe and other area
associations informing them that a tax increase is not
proposed.
Mr. Sowder stated the residents have a right to complain that
the Planning Commission has not addressed this issue in four
years, and noted that he has heard from citizens that they
have not had the opportunity for much input.
Mr. Sowder then made a motion to remand the Upper Swift Creek
Plan back to the Planning Commission with a 60-day deadline
to report back to the Board.
Mrs. Humphrey seconded Mr. Sowder's motion. She stated the
Plan should be a working document that both residents and the
business community can rely on, indicating that four years is
entirely too long for something this significant to be
incomplete. She noted that the Planning Commission does not
have the taxing authority to impose assessment district
language with a land use plan. She urged the citizens to
follow this issue through the Planning Commission process.
Mr. Miller stated he strongly believes
Commission could have completed this Plan
he will support the request for 60 days.
that the Planning
in four years, but
In response to Mr. Miller's questions, Mr. Scott Flannigan,
Senior Water Quality Analyst, stated the water quality issues
are being worked on as part of the Watershed Master Plan. He
further stated there are comments within the Upper Swift
Creek Plan indicating that in the future there could be an
ordinance developed to enable some of the language relative
to water quality.
In response to Board members questions, Mr. Turner stated, in
his opinion, the water quality issues can be addressed
separately and the land use plan can be presented to the
Board in 60 days. He further stated citizen meetings were
held early on in the development of the Upper Swift Creek
Plan, but the public has not had an opportunity to make
comment on the Plan other than the one public hearing held by
the Planning Commission on May 3, 2007. He noted there were
many concerns expressed at that time relative to water
quali ty, transportation and general infrastructure issues,
but not a lot of discussion relative to the land use plan.
Mr. King stated the public will be able to address the Plan
at the Board level. He further stated he will support a 60-
day deferral, as long as it does not jeopardize the quality
of the water for the residents of the Upper Swift Creek area.
In response to Mrs. Humphrey's questions, Mr. Flannigan
stated staff has incorporated everything that is necessary in
07-481
OS/23/07
terms of water quality into the Upper S~vift Creek Plan. He
further stated staff will continue to work on the Watershed
Master Plan in exclusion of the new Upper Swift Creek Plan.
, --
Mr. Warren stated both the Woodlake and Brandermill
communities' Board of Directors have :cequested the 60-day
deferral, indicating that they feel they have not had
adequate time to address the issue. He noted it is not just
the Planning Commission, but the citizens as well, who are
requesting the deferral.
--..r
Mr. Miller stated he understands the residents' concerns,
which are a result of the Planning Comm.ission not involving
them.
Mr. Sowder expressed concerns relative to the water quality
issues that still exist. He stated he is hopeful that the
Upper Swift Creek Plan will address not only land use, but
water quality issues as well.
Mr. Ramsey stated the Board held a work session regarding the
Watershed Master Plan, and a timetable 'illaS presented for the
ordinances to be prepared and brought back to the Board. He
noted that staff is following this schedule.
Mr. Miller called for a vote on the motion of Mr. Sowder,
seconded by Mrs. Humphrey, for the Board to accept the
Planning Commission's recommendation a.nd remand the Uppel~
Swift Creek Plan back to the Planning Commission with a 60-
day deadline to report back to the Board to accomplish the
following tasks: 1) Review proposed land uses and deferred
growth area delineation and make recommendations for
amendments to the existing plan; 2) Hold citizen meetings in
the community for public input; and 3) Hold public hearings
and forward any associated ordinance amendments to the Board
of Supervisors.
-'
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
9. REPORTS
9.A. REPORT ON DEVELOPER WATER AND SEWgR CONTRACTS
9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
LEASE PURCHASES
9.C. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD
DETERMINATIONS
9. C.l. FOR NEW CINGULAR WIRELESS PCS, l:"LC (CASE 07PD0321) TO
CO-LOCATE AN ANTENNA ON A VIRGINIA POWER STRUCTURE
LOCATED OFF KINGSLAND ROAD, EAS~~ OF BEULAH ROAD
'-'
9.C.2. FOR (MARC CORNELL) RICHMOND 20~iZ, LLC (CASE
07PD0325) TO CO-LOCATE AN ANTEm~A ON A VIRGINIA
POWER STRUCTURE LOCATED BETWEEN RAVEN WING AND
ESCADA DRIVES
07-482
OS/23/07
9.C.3. FOR CLEARWIRE US LLC (CASE 07PD0328) TO CO-LOCATE
AN ANTENNA ON A VIRGINIA POWER STRUCTURE LOCATED ON
PROPERTY SOUTH OF LUCKS LANE, EAST AND WEST OF WATER
WILLOW DRIVE
9.C.4. FOR COUNTY OF CHESTERFIELD PUBLIC LIBRARIES (CASE
07PD0306) TO PERMIT A PUBLIC LIBRARY LOCATED ALONG
THE WEST LINE OF COURTHOUSE ROAD ACROSS FROM
SMOKETREE DRIVE
Mrs. Humphrey stated she is hopeful that representatives
from Clearwire will introduce themselves to the Board some
time soon. She further stated the Board has a relationship
with all of the other telecommunication providers.
~
On motion of Mrs. Humphrey, seconded by Mr. King, the
Board accepted the following reports: a Report on
Developer Water and Sewer Contracts; a Report on the
Status of General Fund Balance, Reserve for Future Capital
Projects, District Improvements Funds and Lease Purchases;
a Report of Planning Commission Substantial Accord
Determination for New Cingular Wireless PCS, LLC (Case
07PD032l) to Co-locate an Antenna on a Virginia Power
Structure Located off Kingsland Road, East of Beulah Road;
a Report of Planning Commission Substantial Accord
Determination for (Marc Cornell) Richmond 20MHz, LLC (Case
07PD0325) to Co-locate an Antenna on a Virginia Power
Structure Located Between Raven Wing and Escada Drives; a
Report of Planning Commission Substantial Accord
Determination for Clearwire US LLC (Case 07PD0328) to Co-
locate an Antenna on a Virginia Power Structure Located on
Property South of Lucks Lane, East and West of Water
Willow Drive; and a Report of Planning Commission
Substantial Accord Determination for County of
Chesterfield Public Libraries (Case 07PD0306) to Permit a
Public Library Located Along the West Line of Courthouse
Road Across from Smoketree Drive.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
No one had requested to address the Board at this time.
11. DINNER
On motion of
recessed to
dinner.
Mr.
the
King, seconded
Administration
by Mr. Miller,
Building, Room
the Board
502, for
,.........
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Reconvening:
(It is noted Mr. Miller did not return to the meeting at this
time. )
07-483
OS/23/07
12. INVOCATION
Father Lou Ruoff, Pastor of Saint Ann Catholic, gave the
invocation.
13 . PLEDGE OF ALLEGIANCE TO THE FLAG OE~ THE UNITED STATES OF
AMERICA
Mr. David Tesh, Fire and Emergency Medical Services Volunteer
Recrui tment and Retention Coordinator" led the Pledge of
Allegiance to the flag of the United States of America.
----
13.B. CLOSED SESSION PURSUANT TO SECTIC~ 2.2-3711(A) (1),
CODE OF VIRGINIA, 1950, AS AMENDEp, TO DISCUSS THE
NOMINEE OF THE POLICE CHIEF SELECTION COMMITTEE TO THE
POSITION OF CHIEF OF POLICE
It was generally agreed to pass by thi~> item until later in
the agenda.
14. RESOLUTIONS
14.A. RECOGNIZING MAY 20-26, 2007, AS ":~MERGENCY MEDICAL
SERVICES WEEK" IN CHESTERFIELD COUNTY
Mr. David Tesh, Volunteer Recruitment and Retention
Coordinator, introduced Mr. Aaron Chambers, representing
Ettrick-Matoaca Volunteer Rescue Squad; Mr. John Rawlings, ____
representing Manchester Volunteer Rescue Squad; Ms. Fran
Phillips and Mr. David Ledlie, representing Forest View
Volunteer Rescue Squad; Mr. Gary Frame, representing Bensley-
Bermuda Volunteer Rescue Squad; Ms. Tammy Higgins,
representing the Emergency Communications Center; and
Battalion Chief Mike Harmon, representing Chesterfield Fire
and Emergency Medical Services, who were present to receive
the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, emergency medical services is a vital public
service; and
WHEREAS, the members of emergency medical services teams
are ready to provide lifesaving care to those in need twenty-
four hours a day, seven days a week; and
WHEREAS, access to quality emergency care dramatically
improves the survival and recovery rate of those who
experience sudden illness or injury; and
WHEREAS, injury prevention and the appropriate use of
the EMS system will help reduce national health care costs;
and
----
WHEREAS, emergency
traditionally served as
care system; and
medical services providers have
the safety net of America's health
WHEREAS, emergency medical
emergency physicians, emergency
services teams consist of
nurses, emergency medical
07-484
OS/23/07
technicians, paramedics, firefighters, communications
officers, educators, administrators, and others; and
WHEREAS, working together, these emergency medical
services teams responded to 21,754 medical emergencies in
2006; and
WHEREAS, the members of emergency medical services
teams, whether career or volunteer, engage in many hours of
specialized training and continuing education to enhance
their lifesaving skills; and
WHEREAS, the citizens and guests of Chesterfield County
benefit daily from the knowledge and skills of these highly
trained individuals; and
WHEREAS, it is appropriate to recognize the value and
the accomplishments of the emergency medical services
providers from Chesterfield Fire and EMS, Chesterfield
County's Emergency Communications Center, and the Volunteer
Rescue Squads of Bensley-Bermuda, Ettrick-Matoaca, Forest
View, and Manchester.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 23rd day of May 2007,
publicly recognizes the week of May 20-26, 2007, as
"Emergency Medical Services Week."
Ayes: Humphrey, King, Sowder and Warren.
Nays: None.
Absent: Miller.
Mrs. Humphrey presented executed resolutions to
representatives from each of the rescue squads, Chesterfield
Fire and EMS, and the Emergency Communications Center, and
expressed appreciation for the valuable services provided by
the county's emergency medical services providers.
Mr. Miller returned to the meeting.
14.B. RECOGNIZING MR. JOHN COGBILL, III FOR HIS SERVICE TO
THE ECONOMIC DEVELOPMENT AUTHORITY OF CHESTERFIELD
COUNTY
Mr. Davis introduced Mr. John Cogbill, who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. John Cogbill, III has served with
distinction as a member of the Economic Development Authority
of Chesterfield County since July 1, 2003; and
-
WHEREAS, Mr. Cogbill has willingly served on other
boards that benefited the county, such as the Commonwealth
Transportation Board; and
WHEREAS, Mr. Cogbill has assisted in the development and
marketing of Meadowville Technology Park and various other
projects throughout the county; and
07-485
OS/23/07
WHEREAS, Mr. Cogbill has faithfully and diligently
performed the duties assigned to him as a member of the
Economic Development Authority, consistently demonstrating
leadership, sensitivity and commitment to the issues coming
before the Authority during his tenure.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 23rd day of May 2007,
publicly recognizes Mr. John Cogbill, III and expresses
appreciation for his valuable time and commitment to
Chesterfield County while serving on the Economic Development -
Authority of the County of Chesterfield, Virginia.
AND, BE
resolution be
resolution be
Supervisors of
IT FURTHER RESOLVED that a copy of this
presented to Mr. Cogbill and that this
recorded among the papers of this Board of
Chesterfield County, Virginia.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution to Mr.
Cogbill, accompanied by Mr. Davis, and I::~xpressed appreciation
for his valuable contributions to the Economic Development
Authority and for his family's contributions over the years
to the county.
Mr. Cogbill expressed appreciation to the Board for allowing
him to contribute in a small way to Chesterfield County and
stated that his ability to serve the community honors his two
sons and others who serve in the military.
14.C. RECOGNIZING THE MANCHESTER MIDDLE~ SCHOOL MATH TEAM ON
ITS OUTSTANDING REPRESENTATION OP CHESTERFIELD COUNTY
Ms. Ruth introduced the coach and members of the Manchester
Middle School Math Team, who were present to receive the
resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, MATHCOUNTS
competition; and
is
a
national
mathematics
WHEREAS, in Virginia, MATHCOUNTS is sponsored by the
Virginia Society of Professional Engineers; and
WHEREAS, the mission
enthusiasm and enhance
mathematicsj and
of MATHC01JNTS
achievement in
is to increase
middle school
WHEREAS, students lTI grades 6, 7 and 8 are eligible to
compete; and
WHEREAS, the Manchester Middle School
Pamela Haner, took second place in the
competi tion, held March 24th at Dominion
Innsbrook headquarters; and
team, coached by
state MATH COUNTS
Virginia Power's
WHEREAS, in addition to this success, team members also
excelled in the American Mathematics Competition and earned
07-486
OS/23/07
perfect scores individually and as a team in the Virginia
Mathematics League; and
WHEREAS, members of the Manchester Middle School math
team include Jason Kong, Jerome Mueller, Edward Tanner, Kevin
Chen, Thomas Casalaspi, Juan Garavito, Jonathan Kim, and
Kevin Renshaw; and
WHEREAS, all of these outstanding students have
represented Chesterfield County well and have brought
distinction to themselves, their school, and the county.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
Board of Supervisors, this 23rd day of May 2007, congratulates
all members of the Manchester Middle School math team, and
math coach Pamela Haner, on the achievements of the team, and
wishes each of these fine mathematicians continued success.
AND, BE IT FURTHER RESOLVED that a copy
resolution be presented to Manchester Middle School,
this resolution be recorded among the papers of this
Supervisors of Chesterfield County, Virginia.
of this
and that
Board of
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Warren presented executed resolutions to the Coach Haner
and members of the Manchester Middle School math team,
accompanied by Principal Carolyn Tisdale, congratulated them
on their outstanding accomplishments, and wished the team
continued success.
Ms. Haner expressed appreciation to the Board for the
recognition, stated she is very proud of the students, and
predicted that in three or four years at least one member of
the team will compete on the United States Math OlYmpiad Tam.
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
07SN0210
".......
In Bermuda Magisterial District, RICHARD M. ALLEN requests
amendment of Conditional Use Planned Development (Case
87S090) and amendment of zoning district map relative to
hours of operation. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
community mixed use uses. This request lies in a
Neighborhood Business (C-2) District on 12.2 acres fronting
approximately 760 feet on the north line of Iron Bridge Road,
also fronting approximately 720 feet on the east line of
Chalkley Road and located in the northeast quadrant of the
intersection of these roads. Tax IDs 779-653-7767 and 780-
654-Part of 0821.
07-487
OS/23/07
Mr. Turner stated the applicant has withdrawn Case 07SN02l0
from consideration by the Board.
On motion of Mr. King, seconded by ~1r. Warren, the Board
acknowledged withdrawal of Case 07SN02l0.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07SN0287
-'
In Matoaca Magisterial District, COMMONHEALTH CENTER III, LLC
AND TCR MID ATLANTIC LAND ACQUISITION LIMITED PARTNERSHIP
request amendment to rezoning (Case 98SN0137) and amendment
of zoning district map relative to uses and Conditional Use
to permit multifamily use. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan sU9q-ests the property is
appropriate for regional mixed use uses. This request lies
in a Regional Business (C-4) District on 14.2 acres located
in the southwest quadrant of the intersection of Commonwealth
Centre and Brad McNeer Parkways. Tax ID 735-676-7611.
Mr. Turner stated the applicant has withdrawn Case 07SN0287
from consideration by the Board.
Mr. John Cogbill, representing the applicants, stated the
county has been notified by letter that the applicants wish
to withdraw Case 07SN0287 from consideration.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
acknowledged withdrawal of Case 07SN0287.
-'
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
04SN0224
In Matoaca Magisterial District, DOUGLA.S R. SOWERS AND SUSAN
S. SOWERS request rezoning and amendment of 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 Compn:~hensi ve Plan suggests
the property is appropriate for single family residential use
of 2.0 units per acre or less. This request lies on 146
acres fronting approximately 750 feet on the east line of
Lacy Farm Road, approximately 270 feet north of Ahern Road.
Tax IDs 695-695-3122, 695-697-8107 and 696-695-7571.
Mr. Turner stated the applicant has requested a deferral of
Case 04SN0224 until August 22, 2007.
Ms. Carrie Coyner, representing the applicant, requested a
deferral of Case 04SN0224 until August 22, 2007.
-'
Mr. Miller called for public comment.
Mr. Ted Lusch, a Moseley resident, expressed concerns that
the applicant's representative indicated last month at the
Planning Commission meeting that they were ready to proceed
with the request and alluded to the fact that two of their
07-488
OS/23/07
deferrals were at the request of the Planning Commission. He
stated he does not think 30 days will change anything and
requested that the Board hear the case rather than deferring
it.
Ms. Kitty Snow stated the applicant's representative demanded
last month that this case be resolved as the applicant had
been delayed unnecessarily. She stated she is opposed to any
more deferrals.
There being no one else to speak to the deferral, the public
hearing was closed.
Mrs. Humphrey stated the subject property is encompassed in
the Upper Swift Creek Plan, which the Board took action on
this afternoon to require the Planning Commission to provide
a recommendation to the Board within 60 days, indicating that
that is the reason for the deferral request.
Mrs. Humphrey then made a motion, seconded by Mr. Sowder, for
the Board to defer Case 04SN0224 until August 22, 2007.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Miller stated he hopes that this case can be acted upon
in 90 days.
06SN0256
In Dale Magisterial District, HENRY E. MYERS, JR. (GENERAL
PARTNER OF MYERS FAMILY PARTNERSHIP) requests rezoning and
amendment of zoning district map from Agricultural (A) to
Corporate Off ice (0- 2) . The density of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for mixed use corridor use. This request lies on 6.9 acres
fronting approximately 840 feet on the south line of Lori
Road, also fronting approximately 330 feet on the east line
of Frith Lane and located in the southeast quadrant of the
intersection of these roads. Tax ID 769-663-Part of 9114.
Mr. Turner stated Mr. Miller has requested a deferral of Case
06SN0256 until June 27, 2007.
Mr. Ben Myers, representing the applicant,
deferral is acceptable.
stated the
Mr. Miller called for public comment.
No one came forward to speak to the deferral.
doWiio.,.
Mr. Miller stated the deferral will provide him with
additional time to thoroughly review the request, indicating
that he hopes he will be ready to act on it in 30 days.
Mr. Miller then made a motion, seconded by Mr. King, for the
Board to defer Case 06SN0256 until June 27, 2007.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-489
OS/23/07
07SN0255
In Midlothian Magisterial District, REBKEE PARTNERS
WESTCHESTER requests rezoning and amendment of zoning
district map from Agricultural (A) to General Industrial (I-
2) plus Conditional Use Planned DE:velopment to permit
exceptions to Ordinance requirements and Conditional Use to
permi t commercial uses on property zoned General Industrial
(I-2). The density of such amendment will be controlled by
zoning conditions or Ordinance standards. The Comprehensive -
Plan suggests the property is appropriate for regional
employment center use. This request lies on 26.0 acres
fronting approximately 1,490 feet on the north line of
Midlothian Turnpike, east of Huguenot Springs Road; also
fronting approximately 335 feet on the east line of Huguenot
Springs Road, south of Dragonnade Trail. Tax ID 7l4-7ll-Part
of 2160.
Mr. Turner stated Mr. Sowder has requested a deferral of Case
07SN0255 until July 25, 2007.
Mr. John Cogbill, representing the applicant, stated the
deferral is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the deferral.
Mr. Sowder stated Economic Development has asked
additional information relative to this request, and
applicant has not had sufficient time to provide
requested information.
for
the
the
-'
Mr. Sowder then made a motion, seconded. by Mr. King, for the
Board to defer Case 07SN0255 until July 25, 2007.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07SN0268
In Matoaca Magisterial District, TONYA P. SIMINGTON requests
Conditional Use and amendment of zoning district map to
permit a family day care home in a Residential (R-12)
District. The density of such amendment will be controlled by
zoning conditions or Ordinance standard.s. 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 0.5 acre and is known as 7100 Branched Antler Circle.
Tax ID 727-671-3008.
Mr. Turner presented a summary of Case 07SN0268 and stated
the Planning Commission and staff recommended approval,
subject to conditions.
_/
A citizen was present to speak to the request; therefore, it
was moved to the end of the Consent Zoni.ng Agenda.
07-490
OS/23/07
07SN0281
In Clover Hill Magisterial District, BAYHILL DEVELOPMENT
CORP. requests 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. The density of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for regional mixed use uses. This request lies on 59.4 acres
fronting approximately 880 feet on the east line of South Old
Hundred Road across from Brandermill Parkway. Tax IDs 731-
685-8002 and 732-685-4864.
Mr. Turner presented a summary of Case 07SN028l and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Jeff Geiger, representing the applicant, stated the
recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
approved Case 07SN0281 and accepted the following proffered
conditions:
The property owners and applicant in this rezoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County,
for themselves and their successors or assigns, proffer that
the property under consideration will be developed according
to the following proffers if, and only if, the rezoning
request submitted herewith is granted with only those
conditions agreed to by the owners and applicant. In the
event this request is denied or approved with conditions not
agreed to by the owners and applicant, the proffers shall
immediately be null and void and of no further force or
effect.
1. Master Plan. The Textual Statement dated March 19, 2007
shall be the Master Plan. (P)
2. Cash Proffers. The applicant, subdivider, or
assignee (s) shall pay the following to the County of
Chesterfield, prior to the issuance of a building
permit, for infrastructure improvements within the
service district for the Property, $15,600.00 per
dwelling unit, if paid prior to July 1, 2007, or the
amount approved by the Board of Supervisors, not to
exceed $15,600.00 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. Cash proffer payments shall be spent for the
purposes proffered or as otherwise permitted by law.
Should Chesterfield County impose impact fees at any
time during the life of the development that are
applicable to the property, the amount paid in cash
proffers shall be in lieu of or credited toward, but not
07-491
OS/23/07
in addition to, any impact fees,
determined by the county. (B & M)
in a manner as
3. Utilities.
a. The public water and wastewater systems shall be
utilized.
b.
feed connection points for
adjacent Old Hundred Mill
"B" , the developer shall
water line to the existing
line in Mill Meadow Drive and
to be determined by the
and approved by the County
--
To provide two water
this site and the
Subdivision Section
connect the on-site
eight (8) inch water
a second location
developer's engineer
Utilities staff.
c. To the extent the development exceeds two hundred
fifty-nine (259) dwelling units, the developer
shall make all necessary adjustments to the sizing
and slope of the existing :sewer system in 1I0ld
Hundred Mill Subdivision Section BII to accommodate
capacity for the development of up to three hundred
(300) dwelling units on this property. (U)
4.
Timbering. Except for the timbering approved by the
Virginia State Department of Forestry for the purpose of
removing dead or diseased trees l there shall be no
timbering on the Property until a land disturbance
permi t has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. Except for clearing for roads and
utilities, any such timbering shall be phased to
coincide with the phasing of development. (EE)
..-
5.
No Sole Access. No lots shall have sole
access through Old Hundred Mill Subdivision.
vehicular
( P)
6.
Overall Density.
shall not exceed
(P)
The aggregate density on the Property
three hundred (300) dwelling units.
7. Buffers. All required buffers shall be located within
recorded open space. (P)
8.
Materials.
of brick,
thickness
foregoing.
BI)
The exterior facades of all homes shall be
stone or vinyl siding having a minimum
of 0.042 mils, or a combination of the
Masonite siding shall not be utilized. (P &
9. Restrictive Covenant. The following restrictive
covenants shall be recorded prior to, or in conjunction
with, the recordation of any subdivision plat:
a. The required Homeowners' association for the
townhome development shall be responsible for the
maintenance of the exteriors of homes as follows:
(a) painting, repair, maintenance and replacement
of gutters and downspoutsi (b) maintenance of
roofs, shingles, sheathing and felt; and (c)
exterior building wall surfaces (exclusive of doors
and windows) .
07-492
OS/23/07
b. The style and color of any front-loading garage
doors shall be designed to de-emphasize their
appearance from the street through the use of
color, architectural elements and design, and
architectural fenestration as determined by the
Board of Directors or Architectural Review
Committee of the required Homeowners' association.
( P)
10. Transportation.
a. Direct vehicular access from the Property to Old
Hundred Road shall be limited to one (1) public
road that aligns Brandermill Parkway.
b. To the extent not provided by others, the developer
shall be responsible for:
i. the construction of right and left turn lanes
at the intersection of Old Hundred Road and
the approved public road intersection, based
on Transportation Department standards;
ii. the full cost of traffic signalization, if
warranted as determined by the Transportation
Department, of the Brandermill Parkway/Old
Hundred Road intersection; and
iii. dedication, free and unrestricted to and for
the benefit of Chesterfield County, of any
additional right-of-way (or easements)
required to construct these improvements.
c. Prior to any construction plan approval, a phasing
plan for the improvements identified in Proffered
Condition 10 shall be submitted to and approved by
the Transportation Department.
d. In conjunction with recordation of the initial
subdivision plat, prior to any site plan approval,
or within sixty (60) days from the date of a
written request by the Chesterfield County Public
Schools, whichever occurs first, that portion of
right-of-way for the access road to the proposed
Clover Hill High School as substantially shown on
Exhibit A attached hereto and made a part hereof,
shall be dedicated, free and unrestricted, to and
for the benefit of Chesterfield County.
e. All roads that accommodate general traffic
circulation, as determined by the Transportation
Department, shall be constructed to VDOT standards
and accepted into the State System.
f. 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 easterly side of Old Hundred
Road, measured from the existing centerline of that
07-493
OS/23/07
part of Old Hundred Road immediately adj acent to
the Property, shall be dedicated, free and
unrestricted, to and for the benefit of
Chesterfield County. (T)
11. Additional Landscaping. In order to substantially
mitigate the view of the back of the townhomes as seen
from the intersection of Old Hundred Road and
Brandermill Parkway Extended, landscaping at two times
the density of Perimeter Landscaping C as set forth in
the Zoning Ordinance shall be provided within the thirty
(30) foot buffer for a distance of one hundred fifty
(150) feet along Brandermill Parkway Extended from said
intersection. (P)
_.-
12. Minimum Square Footage. Each dwelling unit shall have a
minimum of one thousand five hundred (1,500) square feet
of gross floor area. At the time of complete
development, a minimum of sixty percent (60%) of the
dwelling units shall have a minimum of one thousand
seven hundred (1,700) square feet of gross floor area.
The developer shall maintain a record of the gross floor
area of each dwelling unit and shall provide such list
when and as requested by the Count}'. (P)
13.
Construction Access. Mill
used as a construction
development of the Property.
Meado'w'
access
(P)
Drive
for
shall
the
not be
initial
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07SN0283
In Bermuda Magisterial District, ELLMER PROPERTIES
CHESTERFIELD II LLC requests rezoning and amendment of zoning
district map from General Industrial (I-2) to General
Business (C- 5) . The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
general commercial use. This request lies on 3.9 acres lying
approximately 650 feet off the south line of Ruffin Mill Road
approximately 1,500 feet east of Interstate 95. Tax ID 805-
637-Part of 4128.
Mr. Turner presented a summary of Case 07SN0283 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
The applicant's representative was not present.
Mr. John Cogbill stated this request has been represented by
Mr. Jeff Collins. He further stated he has worked on the
case and knows that the applicant was comfortable with the
Planning Commission's recommendation.
In response to Mr. Miler's question, Mr. Cogbill stated he
believes he has the authority to speak for the applicant.
Mr. Miller called for public comment.
No one came forward to speak to the request.
07-494
OS/23/07
On motion of Mr. King, seconded by Mr. Sowder, the Board
approved Case 07SN0283 and accepted the following proffered
condition:
The public water and wastewater systems shall be used. (U)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07SN0284
In Midlothian Magisterial District, PAGE DEVELOPMENT COMPANY
requests rezoning and amendment of zoning district map from
Agricultural (A) to Community Business (C-3). The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for general business uses. This
request lies on 6.3 acres fronting approximately 250 feet on
the southwest line of Old Buckingham Road approximately 420
feet northwest of Huguenot Road. Tax ID 739-709-6117.
Mr. Turner presented a summary of Case 07SN0284 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Andy Scherzer, representing the applicant, stated the
recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. Sowder, seconded by Mr. Warren, the Board
approved Case 07SN0284 and accepted the following proffered
conditions:
1. Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices installed. (EE)
2. Direct vehicular access from the property to Old
Buckingham Road shall be limited to one (1)
entrance/exit. The exact location of this access shall
be approved by the Transportation Department. There
shall be no vehicular access from the property to the
driveway to the south that aligns with the Grove Road
intersection at Route 60. (T)
-,.......
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07SN0318
In Bermuda Magisterial District, WILLIAM HAMBRIGHT requests
renewal of temporary manufactured home permit 00SR0182 to
park a manufactured home in a Heavy Industrial (I-3)
District. The density of such amendment is approximately
07-495
OS/23/07
five (5) units per acre. The Comprehensive Plan suggests the
property is appropriate for general industrial use. This
property is located at 8329 Haven Avenue. Tax ID 796-675-
2588.
Mr. Turner presented a summary of Case 07SN03l8 and stated
staff recommended approval, subject to conditions.
Mr. William
acceptable.
Hambright
stated
the
recommendation
lS
~
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved Case 07SN0318, subject to the following conditions:
1. William Hambright shall be the owner and occupant of the
manufactured home. (P)
2. This temporary Manufactured Home Permit shall be granted
for a period not to exceed seven (7) years from date of
approval. (P)
3. No permanent type living space may be added onto this
temporary manufactured home. (P)
4. This temporary manufactured home must be skirted and
shall not be placed on a permanent foundation. (P)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07SN0275
In Matoaca Magisterial District, JARED SWANSON requests
Conditional Use and amendment of zoning district map to
permit a family day care home in a Residential (R-12)
District. The density of such amendment will be controlled by
zoning conditions or Ordinance standards. 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 0.3 acre and is known as 13732 War Admiral Drive.
Tax ID 729-669-4038.
Mrs. Humphrey stated the applicant was not present at the
Planning Commission meeting.
Mr. Miller inquired whether the applicant was present.
No one came forward to represent the applicant.
Mr. Miller called for public comment.
-'
No one came forward to speak to the request.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
denied Case 07SN0275.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-496
OS/23/07
07SN0265
In Matoaca Magisterial District, HICKORY ROAD LLC request
rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-88). Residential use of
up to 0.5 units per acre is permitted in a Residential (R-88)
District. The Comprehensive Plan suggests the property is
appropriate for residential use of 1-5 acre lots, suited to
R-88 zoning. This request lies on 53.9 acres fronting
approximately 990 feet on the south line of Hickory Road
approximately 680 feet west of Graves Road. Tax ID 767-623-
Part of 5010.
Mr. Turner presented a summary of Case 07SN0265 and stated
staff recommended approval and acceptance of the proffered
conditions. He further stated the Planning Commission
recommended denial, on a vote of four to one.
Mr. Sam Ragsdale, representing the applicant, stated staff's
recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
Mrs. Humphrey stated
Southern and Western
appreciates the large
Mr. Kelly Shively, who
the request
Area Plan.
lots. She
was present
is consistent with the
She further stated she
recognized the landowner,
at the meeting.
Mrs. Humphrey then made a motion, seconded by Mr. King, for
the Board to approve Case 07SN0265 and accept the following
proffered conditions:
1. Impacts on Capital Facilities: The applicant,
subdivider, or assignee (s) shall pay the following to
the County of Chesterfield prior to the issuance of a
building permit for infrastructure improvements within
the service district for the property:
a. $15,600 per dwelling unit, if paid prior to July 1,
2008. At the time of payment, the $15,600 shall be
allocated pro-rata among the facility costs as
follows: $5,331 for schools, $602 for parks, $348
for library facilities, $404 for fire stations,
$8,915 for roads; or
b.
The amount approved by the Board of Supervisors not
to exceed $15,600 per dwelling unit adjusted upward
by any increase in the Marshall and Swift Building
Cost Index between July 1, 2007, and July 1 of the
fiscal year in which the payment is made if paid
after June 30, 2008. The paYment shall be allocated
pro-rata as set forth above.
.........
c.
Cash proffer paYments
purposes proffered or
law.
shall be spent for
as otherwise permitted
the
by
d. If Chesterfield County imposes impact fees at any
time during the life of the development that are
07-497
OS/23/07
applicable to the Property, the amount paid in cash
proffers shall be in lieu of or credited toward,
but not in addition to, any impact fees, in a
manner as determined by the County. (B&M)
2 .
TimberiE9:: Except for timbering approved by the Virginia
State Department of Forestry for the purpose of removing
dead or diseased trees, there shall be no timbering on
the property until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved device has been installed. (EE)
-'
3. Road Dedication: Prior to or in conjunction with
recordation of the initial subdivision plat, or within
sixty (60) days from a written request by the
Transportation Department, whichever occurs first,
forty-five (45) feet of right-of-way on the south side
of Hickory Road, measured from the centerline of the
part of Hickory Road immediately adjacent to the
property, shall be dedicated, free and unrestricted, to
and for the benefit of Chesterfield County. (T)
4.
Road Improvements: To
system, the developer
improvements with initial
provide an adequate roadway
shall provide the following
development of the property:
a. Construction of additional pavement along Hickory
Road at the approved access to provide left and
right turn lanes, if warranted, based on
Transportation Department Standards.
b.
Widening/ improving the south side of Hickory Road
to an eleven (II) foot wide travel lane, measured
from the centerline of the existing pavement, with
an additional one (1) foot wide paved shoulder plus
a seven (7) foot wide unpaved shoulder and
overlaying the full width of Hickory Road with one
and one-half (1.5) inch of compacted bituminous
asphal t concrete, with modifications approved by
the Chesterfield County Transportation Department,
for the entire property frontage.
-
c. 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)
5. Density: The overall number of residential dwelling
units on the property shall not exceed twenty two (22).
(P)
6.
Minimum Gross Floor Area: Each dwelling unit shall have
a minimum gross floor area of t.wo thousand (2,000)
square feet. (P)
.-'
7. Architectural Features: All exposed portions of the
foundations 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. (BI
& P)
07-498
OS/23/07
8. Access: Direct vehicular access from the property to
Hickory Road shall be limited to one (1) public road.
The exact location of this access shall be approved by
the Transportation Department. (T)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Miller requested that the Clerk call the Closed Session
item that was previously passed by at this time.
13.B. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A) (1),
CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS THE
NOMINEE OF THE POLICE CHIEF SELECTION COMMITTEE TO THE
POSITION OF CHIEF OF POLICE
Mr. Ramsey stated the Police Chief Selection Committee had
hoped to complete its work today to coordinate with the Board
meeting and bring forward a recommendation for the position
of Police Chief. He further stated the committee has not
completed its work and due diligence to bring a
recommendation to the Board today. He requested that the
Board cancel the Closed Session, and the issue will be taken
up at the next Board meeting.
On motion of Mr. King, seconded by Mr. Sowder, the Board
deleted from the Agenda Item l3.B., Closed Session Pursuant
to Section 2.2-37ll(A) (1), Code of Virginia, 1950, as
amended, to discuss the nominee of the Police Chief Selection
Committee to the position of Chief of Police.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07SN0268
In Matoaca Magisterial District, TONYA P. SIMINGTON requests
Conditional Use and amendment of zoning district map to
permit a family day care home in a Residential (R-12)
District. The density of such amendment will be controlled by
zoning conditions or Ordinance standards. 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 0.5 acre and is known as 7100 Branched Antler Circle.
Tax ID 727-671-3008.
Ms. Beverly Rogers presented a summary of Case
stated the Planning Commission and staff
approval, subject to conditions.
07SN0268 and
recommended
Ms. Tonya Simington stated she has operated her day care for
nine years and would like to defer her comments until the
community's concerns have been voiced.
Mr. Miller called for public comment.
Mrs. Martha Stewart stated she is speaking on behalf of nine
homeowners who live on the Branched Antler Circle cul-de-sac.
She expressed concerns relative to increased traffic and
noise, as well as parking issues as a result of increased
clients at the day care. She stated the homeowners do not
support the request.
07-499
OS/23/07
Ms. Simington stated she is licensed by the Department of
Social Services for approximately 12 children. She further
stated no changes are proposed to the property. She stated
she works hand in hand with United Way's Success by Six
Program and is currently working towards accreditation with
the National Association for Family Child Care. She further
stated she provides a valuable service to the community,
which is clearly needed. She noted the ratio of child to
providers is low, enabling the children to receive more
individual attention. She stated the da.y care is affordable, ___.
multi-ethnic, and has a favorable proximity.
Seven people stood in support of the request.
Mrs. Humphrey stated the physical location of the day care
does not pose a problem at the end of the cul-de-sac. She
further stated there is a challenge with the stop sign when
you enter this segment of Deer Run and requested that the
Police Department look at the visibility of the sign. She
stated the traffic concerns mentioned by Mrs. Stewart are
legitimate, but she is unsure whether they are a result of
the day care.
In response to Mrs. Humphrey's questions, Ms. Simington
stated there are currently 12 children in the day care, and
she will not be adding any additional children. She further
stated she needs the zoning approval to keep 12 children on
the premises.
Mrs. Humphrey stated it is very rare for an in-home day care
business to receive national accreditation.
--.....-".'
In response to Mrs. Humphrey's questions, Ms. Simington
stated the children are from ten area families, two of which
are within walking distance. She noted that the children
arrive and leave at staggered times, and she has a lengthy
driveway, which keeps traffic jams from occurring.
Mrs. Humphrey stated she does not think approval of the
request would have a catastrophic impact on the neighborhood
based on what is already there. She further stated the Deer
Run neighborhood has a variety of day cares.
Mr. Miller expressed concerns
operating illegally by keeping
ordinance only allows 5.
that Ms. Simington has been
12 children, when the zoning
There being no one else to speak to the request, the public
hearing was closed.
Mrs. Humphrey made a motion, seconded by Mr. Sowder, for the
Board to approve Case 07SN0268, subject to the conditions.
Mr. Miller :stated he will not support the request because of
opposition j:rom the neighborhood.
--
Mr. King stated he will not support the request because the
day care has been operating illegally.
Mr. Miller called for a vote on the motion of Mrs. Humphrey,
seconded by Mr. Sowder, for the Board to approve Case
07SN0268, subject to the following conditions:
07-500
OS/23/07
1. This Conditional Use shall be granted to and for, Tonya
P. Simington, exclusively, and shall not be transferable
nor run with the land. (P)
2. There shall be no exterior additions or alterations to
the existing structure to accommodate this use. (P)
3. There shall be no signs permitted to identify this use.
( P)
Ayes:
Nays:
Abstain:
Humphrey, Sowder and Warren.
None.
Miller and King.
Mrs. Stewart inquired about the opportunity for the residents
to appeal the Board's decision.
Deputy County Attorney Jeff Mincks stated an appeal can be
made to the Circuit Court, indicating that the appeal process
can be found in the county's zoning ordinance.
06SN0215
(Amended)
In Matoaca Magisterial District, W. V. MCCLURE INC. requests
rezoning and amendment of zoning district map from
Agricultural (A) and Multifamily Residential (R-MF) to
Community Business (C-3) of 69.9 acres with Conditional Use
to permit multifamily and townhouse uses and rezoning from
Agricultural (A) to Multifamily Residential (R-MF) of 8.7
acres plus Conditional Use Planned Development on the entire
78.6 acres to allow exceptions to Ordinance requirements.
The density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for mixed use corridor
uses. This request lies on 78.6 acres fronting approximately
1,700 feet on the north line of Cosby Road; also fronting
approximately 1,300 feet on the east line of Otterdale Road
and located in the northeast quadrant of the intersection of
these roads. Tax IDs 712 - 670 -4 080; 712 - 6 71- 8544; 713 - 671-
1799, 2000, 2660, 4107 and 7682; and 7l3-672-Part of 1358.
Ms. Rogers presented a summary of Case 06SN02l5 and stated
the Board received an amended proffered condition today
correcting the date of the Textual Statement. She further
stated an east-west roadway that currently exists coming out
of Woodlake, which has been dedicated through the Cosby High
School site, is proposed to be extended through the subject
property back out to Otterdale Road, creating an east-west
thoroughfare road to accommodate traffic between Woodlake and
Otterdale without the necessity to utilize Route 360. She
stated staff and the Planning Commission, on a vote of three
to two, recommended denial, noting that the proposed
commercial zoning and land uses proposed along Otterdale Road
are not in compliance with the Upper Swift Creek Plan. She
further stated the Planning Commission expressed concerns
that the application failed to address area road needs and
phasing of development based upon area road improvements.
Mr. John
details of
Cogbill, representing the
the proposed development.
applicant, provided
He stated when the
07-501.
OS/23/07
Board approved the Greenwich Walk development, which is
located north of the subj ect propert.y, an agreement was
included to extend an east-west connector road from Woodlake
to Cosby High School, and then to Ot terdale Road. He noted
that the extension cannot be made unless this case is
approved, indicating that half of it will be constructed by
the applicant. He discussed differences between staff's and
the applicant's interpretation of the Upper Swift Creek Plan
relative to the proposed mixed-use corridor and topographical
features of the subject property. He provided details of the
types of uses the applicant has proposed for the commercial
mixed-use node of the project and stated the applicant has
limited the commercial node to C-2 uses and internally
focused it so that any commercial use should be oriented away
from Otterdale Road to create an internal focus and avoid
typical strip development. He stated, in his opinion, the
proposal is consistent with the ppper :?wift Creek Plan. He
further stated the applicant has met the county's design
standards and employed smart growth principles. He stated
the proj ect encompasses 78 acres, no more than 10 of which
are commercial; the full cash proffer has been offered, with
the exception of the age-restricted units, consistent with
the Board's policy; the total cash proffer amounts to
approximately $12 million; and the transportation cash
proffer provides the option of having $1 million up front at
the issuance of the first building permit or to allow the
applicant to do off-site work, which would not otherwise be
done, to eliminate a dangerous curve on Otterdale Road. He
stated the applicant has provided additional water resources
so that the water pressure for Foxcroj:t would be improved.
He stated the Planning Commission noted that the proposal
represents desired mixed-use development. He further stated
the Planning Commission had expressed concerns relative to
the transportation proffers, which were addressed by Mr.
McCracken. He stated Mr. Bass had requested a deferral, but
the applicant could not accommodate that because the assisted
living portion of the development was ready to go and needs
to move forward. He provided the Board with a copy of a
letter of support from the President of Foxcroft Homeowners
Association. He requested the Board's approval of the
proposed development.
In response to Mr. Warren's question, Mr. Cogbill stated one
of the Planning Commissioners inquired if the applicant would
be willing to modify the proffers relating to transportation
prior to the Board meeting, and the applicant indicated that
he would entertain this. He further stated the applicant did
not hear back from the Commission regarding the relevancy of
this request. and, therefore, did not move forward on it.
Mr. Miller called for public comment.
Mr. Henry Gill stated he and his wife have owned the subject
property for over 50 years, and in their opinion, the
proposed development would be beneficial to the community.
Mr. Norm Sadler, a resident of Cosby Road, stated he supports
the request.
Ms. Kitty Snow expressed concerns relative to dangerous road
conditions and school overcrowding in the vicinity of the
proposed development. She requested that the Board support
07-502
OS/23/07
~!"
-'
.-
the Planning Commission and Planning staff by denying the
request.
Mr. Mark Hirth, representing Smith/Packet, stated he supports
the request. He further stated Smith/Packet currently has an
agreement with the applicant to purchase 20 acres of the
overall proposed proj ect for the development of a senior
residential village.
Mr. George Bryant, representing the property owner to the
north of this project, stated the applicant has worked very
hard with the Greenwich Walk developer to try to integrate
plans and provide an alternate route into the high school.
He further stated it makes sense to approve the request,
indicating that the integration of this proj ect with area
proj ects represents smart growth techniques. He requested
the Board's support of the proposed development.
Ms. Andrea Epps stated she supports the request because the
proposed connector road will alleviate traffic in the area.
Mr. Mike Harten, President of the Responsible Growth Alliance
of Chesterfield County, expressed concerns that issues raised
in a position paper that the Alliance provided to the Board
five years ago regarding traffic, schools and environment
have not been addressed, indicating that there is now
increased stress in each of these areas. He stated he
appreciates the work of the design team to come up with new
approaches to development, noting that the assisted living
facility and connector road are very positive. He expressed
concerns relative to the seriousness of diverting increased
traffic in the residential area and placing it onto Otterdale
Road, and eventually onto Hull Street. He stated there are
issues between Planning staff and the developer, which have
not been adequately addressed, and urged the Board not to
approve the request until the issues have been addressed.
Ms. Marleen Durfee stated there is a need for more commercial
development to offset the residential development in the
Upper Swift Creek area. She further stated the assisted
living component of the development is very much needed. She
expressed concerns relative to balancing of the number of
uni ts. She stated she thinks the case is moving in the
direction of the type of smart growth that the county is
beginning to look for, but expressed concerns that the road
is being proposed as an alternative to take traffic off of
Hull Street. She suggested that additional dialogue needs to
occur between staff and the applicant.
Mr. C. L. Morrissette, Jr. stated Otterdale Road is a
constant thorn in everyone's side. He suggested that the
Board consider using transportation cash proffers to make the
necessary improvements to Otterdale Road.
........
There being no one else to speak to the request, the public
hearing was closed.
Mr. Cogbill stated the proposal will improve traffic concerns
by allowing school traffic to use the connector road to
access the high school. He further stated the applicant is
also offering to correct the most dangerous curve on
Otterdale Road, or will provide money up front to allow the
Transportation Department to address traffic concerns in
07-503
OS/23/07
other ways, if they chose to. He sta.ted the proj ect will
utilize the regional BMP that was installed with the
Greenwich Walk proj ect . He expressed concerns relative to
delay, noting that the request was filed in 2005 and the
applicant has held two citizen meetings and worked diligently
to address concerns of the neighborhood. He stated Cosby
Village will partner with the county, by providing roadwork
and imposing environmental standards by reducing the amount
of impervious service. He further stated Mr. McClure is a
quality developer who is offering a quality project that will
alleviate problems in this area of the county. He requested -'
the Board's approval of the proposed development.
Mrs. Humphrey stated this area is in need of an assisted
living facility. She further stated she has no questions
about the land use application, which in her opinion is
consistent with the current and proposed Upper Swift Creek
Plan. She stated Otterdale Road is in need of great help.
She noted that the Board will be considering either a CDA or
a transportation service district for road improvements to
serve Magnolia Green, and that proffered conditions from a
combination of zoning cases will result in improvement of
some critical sections of Otterdale Road. She stated the
issue is whether the commercial component will face the
assisted living facility or Otterdale Road.
Mr. Warren acknowledged that there are a lot of posi ti ves
with the case.
In response to Mr. Warren's questions, IYlr. McCracken provided
details of the discussion that evolved at the Planning
Commission meeting regarding a proposed service district for
Magnolia Green and the potential for a CDA to fund a portion
of Otterdale and Woolridge Roads improvements and what would
happen with the improvements proposed by the developer if the
Board was successful in approving the CIH~. for Magnolia Green.
He stated the important thing is that Otterdale Road is going
to be fixed, and staff does not care whether this developer
gets the benefit or Magnolia Green gei:s the benefit. He
further stated this is not unusual from other zoning cases,
whereby a developer might come through and do a road project
for which another developer is obligated, noting that staff
does not care how the proj ect is completed. He stated he
sees the transportation proposal as providing another link in
the Thoroughfare Plan, as well as providing cash proffers
that would be in the county's best use to help fund improving
Woolridge Road across the reservoir, if the county is
successful in approving the CDA. He noted this is the reason
staff requested two options for the transportation proffer.
-
Discussion evolved relative
transportation proffers.
to
the
two
options
for
In response to Mr. Warren's
the proposed transportation
move forward.
question,
proffers
Mr. McCracken stated
represent a positive
-'
In response to Mr. King's question, Mr. McCracken stated the
proffered condition offers the latitude to use $1 million to
address road improvements on the causeway.
Mr. Sowder stated
developer to offer
he thinks it is unprecedented for a
$1 million for the county to use at its
07-504
OS/23/07
discretion to solve problems on Otterdale Road or wherever it
chooses to do so. He further stated he sees this as a step
forward.
Discussion ensued relative to staff's interpretation of the
land use plan relative to commercial uses on the subject
property.
Ms. Rogers stated although staff supports the integration of
commercial and residential uses, it is staff's estimation
that the commercial node is the existing commercial zoning
that exists, and the applicant wishes to cross over Cosby
Road and have a commercial node on the north side of Cosby
Road. She further stated staff is concerned about placing
further commercial development along Otterdale Road. She
noted that there is a pending commercial case directly across
Otterdale Road that staff is also concerned about.
On motion of Mr. Sowder, seconded by Mrs. Humphrey, the Board
suspended its rules to allow for the amended proffered
condition.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mrs. Humphrey stated she does not entirely agree with staff's
interpretation of the Plan through this section of Hull
Street. She further stated she has heard from residents that
the commercial component in this area needs to be enhanced,
and the applicant is proposing additional commercial uses.
She stated the applicant still has some work to do with staff
and the community during the site planning process. She
further stated she is optimistic that Otterdale Road has a
funding source. She stated all of the developers in the
Otterdale/Woolridge Road Corridor have provided funding that
will be used for the next comprehensive road project in the
county. She further stated she is not opposed to the
commercial component and thinks the assisted living component
is a critical need.
Mrs. Humphrey then made a motion, seconded by Mr. Miller, for
the Board to approve Case 06SN02l5.
Mr. Warren stated, although both the Planning Commission and
staff recommended denial, Mr. Bass was suggesting a deferral
of this request based on another case that could be coming
forward. He further stated, when you look at the details of
the case, it represents a net gain.
Mr. Miller stated he agrees that
and in his opinion, if the
constructed in the appropriate
favorable addition to the area.
this is a quality project,
commercial component is
fashion, it should be a
~
Mr. Miller called for a vote on the motion of Mrs. Humphrey,
seconded by Mr. Miller, for the Board to approve Case
06SN02l5 and accept the following proffered conditions:
The Owners and the Developers for themselves and their
successors or assigns (the "Developer") in this zoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County,
proffer that the development of the property known as
07-505
OS/23/07
Chesterfield County Tax Identification Numbers 712-670-4080,
712-671-8544, 713-671-1799, 713-671-2000, 713-671-2660, 713-
671-4107, 713-671-7682, and 713-672-1358 (part) ("Tracts A.
B, C, and D") under consideration will he developed according
to the following conditions if, and only if, the rezoning
request for C-3 with a conditional use (CD) and with a
conditional use planned development (CUPD) and R-MF with a
conditional use planned development (CUPD) is granted. In
the event the request is denied or approved with conditions
not agreed to by the Developer, the proffers and conditions
shall immediately be null and void and of no further force or __
effect.
THE FOLLOWING PROFFERS SHALL APPLY ONLY TO TRACTS A, B, AND
C.
This application contains one exhibit for Tracts A, B, and C
described as follows:
Exhibit C Plan titled "Cosby Village, Statement of
Proffers" prepared by Windswept, and last revised 2/26/07.
1. Master Plan. The Textual Statement dated November 13,
2006, last revised April 2, 2007, shall be considered
the Master Plan. (P)
2. Utilities.
A.
The public water and wastewater systems
used, except for temporary sales
construction office trailers.
shall be
and/or
B.
Unless undertaken by others, the Developer shall
complete the following prior to issuance of the
first building permit for Tracts A, B, and C:
-'
(i) Construction of a 16" water line along
Otterdale Road, from Foxcreek Crossing to the
future east-west connector road.
(ii) Construction of a water line along the future
east-west connector road, between the 16"
water line in Otterdale Road (B. (i) above) and
the existing 8" water line around the Cosby
Road High School building.
(iii) Dedication of a water line easement along the
Otterdale Road frontage of Tracts Band C.
C. Prior to issuance of the 251st building permit for
Tracts A, B, and C, the Developer shall construct a
16" water line along Otterdale Road, from the
future east-west connector road to Cosby Road.
D. The tentative subdivision plan and/or site plan for
Tracts A, B, and C shall identify future easements
and access points to the on-site wastewater
collection system for the following properties:
GPIN's 713-670-0110, 713-670-6548, 714-670-5767,
714-670-3070, and 714-671-1931. (U)
"-
3. Timbering. Except for timbering approved by the
Virginia State Department of Forestry for the purpose of
07-506
OS/23/07
removing dead or diseased trees, there shall be no
timbering on Tracts A, B, and C until a land disturbance
permi t has been obtained from the Environmental
Engineering Department and the approved devices
installed. (EE)
4. Cash Proffers. In addition to the Transportation
Contribution described in Proffered Condition 11, the
Developer of Tracts A, B, and C shall pay the following
to the County of Chesterfield prior to the issuance of a
building permit for infrastructure improvements wi thin
the service district for Tracts A, B, and C:
A. $6,685 per dwelling unit, if paid prior to July 1,
2007. At the time of payment, $6,685 will be
allocated pro-rata among the facility costs as
follows: $5,331 for schools, $602 for parks, $348
for libraries, and $404 for fire stations.
Thereafter, such payment shall be the amount
approved by the Board of Supervisors not to exceed
$6,685 per 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 after June 30, 2007.
Payments in excess of $6,685 shall be prorated as
set forth above.
B. Provided, however, that if any building permits
issued on Tracts A, B, and C are for senior
housing, as defined in the proffer on age-
restriction, the Developer of Tracts A, B, and C
shall pay $1,354.00 per unit to the County of
Chesterfield, prior to the time of issuance of a
building permit, for infrastructure improvements
within the service district for Tracts A, B, and C
if paid prior to July 1, 2007. The $1,354.00 for
any units developed shall be allocated pro-rata
among the facility costs: $602 for parks, $348 for
library facilities, and $404 for fire stations.
Thereafter, such payment shall be the amount
approved by the Board of Supervisors not to exceed
$1,354.00 per 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. Payments in excess of $1,354 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 any time during the life of the development that
are applicable to Tracts A, B, and C, the amount
paid in cash proffers shall be in lieu of or
credited toward, but not in addition to, any impact
fees, in a manner as determined by the county.
(B&M)
-
5. Age Restriction. Except as otherwise prohibited by the
Virginia Fair Housing Law, the Federal Fair Housing Act,
and such other applicable federal, state or local legal
requirements, dwelling units designated as age-
restricted shall be restricted to "housing for older
07-507
OS/23/07
persons" as defined in the Virginia Fair Housing Law and
no persons under 19 years of age shall reside therein.
( p)
6. Senior Housing. Any dwelling units designated for
senior housing as defined in Proffered Condition 5 shall
be noted on the site plan or subdivision plat. Such
dwelling units shall be grouped together as part of the
same development section(s). (p)
7.
Dedication. The following rights-of-way on Tracts A, B,
and C shall be dedicated, free and unrestricted, to
Chesterfield County prior to any site plan, 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.
-
A.
Forty-five
side of
centerline
immediately
(45) feet of right-of-way on the
Otterdale Road, measured from
of that part of Otterdale
adjacent to Tracts Band C.
east
the
Road
B.
A seventy (70) foot wide right-of-way for
east/west collector (the "East-West Road")
Otterdale Road to the eastern property line.
exact location of this right-of-way shall
approved by the Transportation Department. (T)
the
from
The
be
8. Access.
A. Direct vehicular access from Tracts A, B, and C to
Otterdale Road shall be limited to the East-West
Roa.d and one secondary entrance/exit or public road
(the "Secondary Access"), with the exact locations
of these accesses approved by the Transportation
Department.
B. Prior to any site plan or subdivision plan
approval, an access plan for the East-West Road
shall be submitted to and approved by the
Transportation Department. Access from Tracts A,
B, and C to the East-West Road shall conform to the
approved access plan.
C. No direct vehicular, except. for emergency or
construction, access shall be provided from Tracts
A, B, and C to existing Cosby Road. (T)
9.
Road Improvements. The Developer of Tracts A, B, and C
shall be responsible for the following improvements. If
any of the improvements are provided by others, as
determined by the Transportation Department, then the
specific required improvement shall no longer be
required by the Developer of Tracts A, B, and C.
--
A. Widening/improving the east side of Otterdale Road
for the entire property frontage to an eleven (11)
foot wide travel lane, measured from the existing
centerline of the road, with an additional one (1)
foot wide paved shoulder plus a seven (7) foot wide
unpaved shoulder, and overlaying the full width of
the road with one and one half (1.5) inches of
07-508
OS/23/07
compacted bituminous
modifications approved
Department.
asphalt
by the
concrete, with
Transportation
B. Construction of two lanes of the East-West Road, to
VDOT Urban Collector (40 MPH) standards with any
modifications approved by the Transportation
Department, from Otterdale Road to the existing
western terminus of Village Square Parkway. The
exact location, length, and design of this
improvement shall be approved by the Transportation
Department.
C.
Construction of left
Otterdale Road at the
if warranted, based
standards.
and right turn lanes along
East-West Road intersection,
on Transportation Department
D. Construction of left and right turn lanes along the
East-West Road at each approved access, if
warranted, based on Transportation Department
standards.
E. Construction of left and right turn lanes along
Otterdale Road at the Secondary Access
intersection, if warranted, based on Transportation
Department standards.
F. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. In the event the Developer is unable to
acquire any "off-site" right-of-way that is
necessary for the road improvements described in
this Proffered Condition, the Developer may
request, in writing, that the County acquire such
right-of -way as a public road improvement. All
costs associated with the acquisition of the right-
of -way shall be borne by the Developer. In the
event the County chooses not to assist the
Developer in acquisition of the "off-site" right-
of-way, the Developer shall be relieved of the
obligation to acquire the "off-site" right-of-way
and shall provide the road improvements within
available right-of-way as determined by the
Transportation Department. (T)
10. Phasing Plan. Prior to any site plan or subdivision
plan approval, a phasing plan for the required road
improvements, as identified in Proffered Condition 9,
shall be submitted to and approved by the Transportation
Department.
11. Transportation Contribution. The Developer of Tracts A,
B, and C shall be responsible for one (1) of the
following alternatives, to be selected by the
Transportation Department within ninety (90) days of
approval of this request.
A.
Alternative 1. The developer shall pay
Chesterfield County, prior to the issuance of
building permit for the initial dwelling unit,
amount of $1,007,395. Prior to the issuance
to
the
the
of
07-509
OS/23/07
each building permit for a dwelling unit in excess
of a cumulative total of 113, the developer shall
pay to Chesterfield County the amount of $8,915 per
dwelling unit. If the amounts above are paid after
June 30, 2007, then each amount paid shall be
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.
B. Alternative 2:
(i) Prior to the issuance of a building permit,
the developer shall pay to Chesterfield County
the amount of $8,915 per dwelling unit (the
"Transportation Contribution"). If the amount
above is paid after June 30, 2007, then each
amount paid shall be adj usted upward by any
increase in the Marshall and Swift Building
Cost Index between July 1f 2006 and July 1 of
the fiscal year in which the payment is made.
(ii) The developer shall, prior to recordation
and/or site plan approval of a cumulative
total of two hundred and fifty (250) lots
and/or dwelling units, reconstruct Otterdale
Road to VDOT Urban Minor Arterial standards
with a 50 mph design speed, with any
modifications approved by the Transportation
Department, from Point A to Point B as
generally shown on Exhibit C (the
"Improvements") . The exact design, location
and length of the I~?rovements shall be
approved by the Transportation Department.
The developer shall receive a credit towards
the Transportation Contribution in an amount
not to exceed the cost to construct the
Improvements so long as the cost is of equal
or greater value than that which would have
been collected through the payment (s) of the
Transportation Contribution as determined by
the Transportation Department. For the
purposes of this proffE=.r, the costs shall
include, but not be limited to, the cost of
right-of -way acquisition, design costs,
engineering costs, costs of relocating
utilities, environmental mitigation, and
actual costs of construction (including labor,
materials, overhead, and any overruns or
change orders) ( "Work" ) . Before any Work is
performed, the developer shall receive prior
written approval by the Transportation
Department for any credit amount.
(iii) In the event the Developer is unable to
acquire the necessary right-of-way for
Al ternative 2, the Developer may request, in
writing, that the County acquire such right-
of -way as a public road improvement. All
costs associated with the acquisition of the
right-of-way shall be borne by the Developer
but shall be eligible for credit towards the
Transportation Contribution as outlined above.
07-510
OS/23/07
-
'-
In the event the County chooses not to assist
the Developer in acquisition of the right-of-
way, the Developer shall be relieved of the
obligation to provide the improvements set
forth in Alternative 2; however, the Developer
shall continue to pay the Transportation
Contribution as outlined in Proffered
Condition 11.B. (i). (T and B&M)
12. Density. The maximum number of dwelling units permitted
on Tracts A, B, and C shall be 700 and commercial uses
shall be limited to a maximum of ten (10) acres. (P)
13. Buffers. The following buffers shall be provided:
A. A fifty (50) foot buffer shall be provided adjacent
to Otterdale Road. This buffer shall conform to
the requirements of the Zoning Ordinance for fifty
(50) foot buffers provided, however, the Developer
of Tracts A, B, and C may request that the Planning
Commission modify the buffer requirement at the
time of site plan review or subdivision review in
accordance with Zoning Ordinance section 19-52.
B. A minimum thirty-five (35) foot buffer shall be
provided adjacent to the East-West Road. This
buffer shall conform to the requirements of the
Zoning Ordinance for thirty five (35) foot buffers
provided, however, the Developer of Tracts A, B,
and C may request that the Planning Commission
modify the buffer requirement at the time of site
plan review or subdivision review in accordance
with Zoning Ordinance section 19-521.
C. All required buffers shall be located within
recorded open space. (P)
14. Public Streets. All streets that accommodate general
traffic circulation through Tracts A, B, and C, as
determined by the Transportation Department, shall be
designed and constructed to VDOT standards and taken
into the State System. (T)
THE FOLLOWING PROFFERS SHALL APPLY ONLY TO TRACT D.
15. Master Plan. The Textual Statement dated November 13,
2006, last revised April 2, 2007, shall be considered
the Master Plan. (P)
16.
Utilities. The public
shall be used, except
construction offices. (u)
wa ter and
for sales
wastewater
facilities
systems
and/or
-,
17. Timbering. Except for timbering approved by the
Virginia State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on Tract D until a land disturbance permit has
been obtained from the Environmental Engineering
Department and the approved devices installed. (EE)
18. Cash Proffers. The Developer of Tract D shall pay the
following to the County of Chesterfield prior to the
07-511
OS/23/07
issuance of a building permit for infrastructure
improvements within the service district for Tract D:
A. $15,600 per dwelling unit located in Tract D, if
paid prior to July 1, 2007. At the time of
payment, the $15,600 will be allocated pro-rata
among the facility costs as follows: $602 for
parks and recreation, $348 for library facilities,
$8,915 for roads, $5331 for school facilities, and
$404 for fire stations.
---
B. Provided, however, that if any building permits
issued on Tract D are for senior housing, as
defined in the proffer on age-restriction, the
Developer of Tract D shall pay $10,269 per dwelling
unit if paid prior to July 1, 2007, or the amount
approved by the Board of Supervisors, not to exceed
$10,269 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 $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 any time during the life of the development that
are applicable to Tract D, the amount paid in cash
proffers shall be in lieu of or credited toward,
but not in addition to, any impact fees, in a
manner as determined by the county. (B&M)
.---
19. Age Restriction. Except as otherwise prohibited by the
Virginia Fair Housing Law, the Federal Fair Housing Act,
and such other applicable federal, state or local legal
requirements, dwelling units designated as age-
restricted shall be restricted to "housing for older
persons" as defined in the Virginia Fair Housing Law and
no persons under 19 years of age shall reside therein.
( P)
20. Senior Housing. Any dwelling units designated for
senior housing as defined in Proffered Condition 18
shall be noted on the site plan. Such dwelling units
shall be grouped together as part of the same
development section(s). (P)
21. Dedication. A seventy (70) foot wide right-of-way for
the east/west collector (the "East-West Road") through
Tract D or in an alternate location acceptable to the
Transportation Department shall be dedicated, free and
unrestricted, to Chesterfield County prior to any site
plan and/or subdivision approval or within sixty (60)
days from a written request by the Transportation
Department, whichever occurs first, The exact location
of this right-of -way shall be approved by the
Transportation Department. (T)
-'
07-512
OS/23/07
22.
Access.
for the
approved
Trac t D
approved
Prior to any site plan approval, an access
East-West Road shall be submitted to
by the Transportation Department. Access
to the East-West Road shall conform to
access plan. (T)
plan
and
from
the
23. Road Improvements. To provide an adequate roadway
system, the Developer shall be responsible for the
following improvements. If any of the improvements are
provided by others, as determined by the Transportation
Department, then the specific required improvement shall
no longer be required by the Developer.
A. Construction of two lanes of the East-West Road, to
VDOT Urban Collector (40 MPH) standards with any
modifications approved by the Transportation
Department, through Tract D or in an alternate
location acceptable to the Transportation
Department. The exact location of this road shall
be approved by the Transportation Department.
B. Construction of left and right turn lanes along the
East-West Road at each approved access to Tract D,
if warranted, based on Transportation Department
standards.
C. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. In the event the Developer is unable to
acquire any "off-site" right-of-way that is
necessary for the road improvements described in
this Proffered Condition, the Developer may
request, in writing, that the County acquire such
right-of-way as a public road improvement. All
costs associated with the acquisition of the right-
of -way shall be borne by the Developer. In the
event the County chooses not to assist the
Developer in acquisition of the "off -site" right-
of-way, the Developer shall be relieved of the
obligation to acquire the "off - si te" right-of -way
and shall provide the road improvements within
available right-of-way as determined by the
Transportation Department.
D. Prior to any site plan approval, a phasing plan for
the required road improvements shall be submitted
to and approved by the Transportation Department.
(T)
24. Density. The maximum number of dwelling units permitted
on Tract D shall be 75. (P)
25. Buffers. The following buffers shall be provided.
A. A minimum thirty-five (35) foot buffer shall be
provided adjacent to the East-West Road. This
buffer shall conform to the requirements of the
Zoning Ordinance for thirty five (35) foot buffers
provided, however, the Developer of Tract D may
request that the Planning Commission modify the
buffer requirement at the time of site plan review
or subdivision review in accordance with Zoning
07-513
OS/23/07
Ordinance section 19-521.
B. All required buffers shall be located within
recorded open space. (P)
26. Public Streets. All streets that accommodate general
traffic circulation through Tract D, as determined by
the Transportation Department, shall be designed and
constructed to VDOT standards and taken into the State
System, except that if a third access road is required
under SE~ction 19-111 (h) it may be private. (T)
~
27. Virginia Condominium Act. All dwelling units on Tract D
shall be condominiums as defined and regulated by the
Virginia Condominium Act, and all common areas and
improvements therein shall be maintained by a
condominium association. (P)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Miller requested a ten-minute recess.
Reconvening:
07SN0136
In Matoaca Magisterial District, PRISTINE DEVELOPMENT LLC
requests rezoning and amendment of zoning district map from
Agricul tural (A) to Residential (R-12) plus Conditional Use
Planned Development to permit exceptions to Ordinance
requirements. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
single family residential use of 2.0 units per acre or less.
This request lies on 189 acres fronting in two (2) places for
approximately 670 feet on the north line of Duval Road
approximately 1,650 feet west of Otterdale Road. Tax IDs
704-678-Part of 4771 and 705-680-3057.
-'
Ms. Rogers presented a summary of Case 07SN0136 and stated
staff and the Planning Commission, on a vote of three to one
with one abstention, recommended approval of the rezoning and
acceptance of the proffered conditions. She noted that the
proposed zoning and land uses conform to the Upper Swift
Creek Plan. She stated the Planning Commission recommended
approval of the waiver to street connecti vi ty. She stated
staff has recommended denial of the waiver to street
connectivity requirements between portions of the development
because evaluation of the policy criteria for granting such
relief can best be provided through the subdivision review
process.
,-/'
Mr. John Easter, representing the applicant, stated the
applicant has offered $6 million in ca.sh proffers and road
improvements, including an agreement to rebuild a dangerous
portion of Otterdale Road upfront, although it is located 1.5
miles from the subject property.
Mr. Miller called for public comment.
07-514
OS/23/07
No one came forward to speak to the request.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved the waiver to street connectivity requirements
between northern and southern portions of the development in
Case 07SN0136 across the perennial stream.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mrs. Humphrey then made a motion, seconded by Mr. Sowder, for
the Board to approve Case 07SN0136 and accept the following
proffered conditions:
The applicant in this rezoning case, pursuant to Section
15.2-2298 of the Code of Virginia (1950) (as amended) and the
Zoning Ordinance of Chesterfield County, for itself and its
successors or assigns (the "Applicant"), proffers that the
property under consideration (the "Property") will be
developed according to the following proffers if, and only
if, the rezoning request submitted herewith is granted with
only those conditions agreed to by the Applicant. In the
event this request is denied or approved with conditions not
agreed to by the Applicant, the proffers shall immediately be
null and void and of no further force or effect:
1. Master Plan. The textual statement dated December 27,
2006 shall be considered the Master Plan. (P)
2. Timbering. Except for timbering approved by the
Virginia State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance
permi t has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. (EE)
3 .
Public Water and Wastewater.
wastewater systems shall be used.
The public
(U)
water
and
4. Density. The total number of residential dwelling units
on the Property shall not exceed two (2) units per acre.
( P)
5. Impacts on Capital Facilities. The Applicant,
subdivider, or assignee(s) ("Developer") shall pay the
following to the County of Chesterfield for
infrastructure improvements within the service district
for the property:
a. For each of the first 175 building permits within
the Property, in addition to any transportation
improvements in accordance with proffered condition
8c, the following payment shall be made prior to
issuance of each building permit:
i) If payment is made prior to July 1, 2007,
$6,685.00 per dwelling unit. At time of
payment, $6,685.00 will be allocated pro-rata
among the facility costs as follows: $602.00
for parks and recreation, $348.00 for library
07-515
OS/23/07
facilities, $404.00 for fire stations, and
$5,331.00 for schools; or
ii) If payment is made after June 30, 2007, the
amount approved by the Board of Supervisors
not to exceed $6,685.00 per dwelling unit pro-
rated as set forth in Proffered Condition
5(a) (i) above and 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.
b.
For each building permit within the
excess of a cumulative total of 175,
shall be as follows:
Property in
the payment
i) If payment is made prior to July 1, 2007,
$15,600.00 per dwelling unit. At time of
paYment, $15,600.00 will be allocated pro-rata
among the facility costs as follows: $602.00
for parks and recreation, $348.00 for library
facilities, $8,915.00 for roads and $404.00
for fire stations and $:;,331.00 for schools;
or
ii) If payment is made after June 30, 2007, the
amount approved by the Board of Supervisors
not to exceed $15,600.00 per dwelling unit
pro-rated as set forth in Proffered Condition
5(b) (i) above and 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.
--
iii) Payment for any roads portion of this cash
proffer shall be made for each lot prior to
recordation of the subdivision section in
which the lot is located. Payment for the
remainder of the cash proffer for each lot
shall be made prior to issuance of the
building permit for that lot.
c. In the event the transportation improvements
specified in proffered condition 8c are provided,
not by the Developer, but by others, as determined
by the Transportation Department, then,
notwithstanding the provisions of Proffered
Condition 5a, for each building permit within the
Property, regardless of the cumulative number of
building permits, payments shall be made in
accordance with Proffered Conditions 5b(i), 5b(ii),
and 5b(iii) above.
d.
Cash proffer paYments
purposes proffered or
law.
shall be spent for the
as otherwise permitted by
'-
07-516
OS/23/07
e. If Chesterfield County imposes impact fees at any
time during the life of the development that are
applicable to the Property, the amount paid in cash
proffers shall be in lieu of or credited toward,
but not in addition to, any impact fees, in a
manner as determined by the County. (B & M)
6. Road Dedication. Prior to or in conjunction with
recordation of the initial subdivision plat, or within
sixty (60) days from a written request by the
Transportation Department, whichever occurs first,
forty-five (45) feet of right-of-way on the north side
of Duval Road, measured from the centerline of that part
of Duval Road immediately adjacent to the Property,
shall be dedicated, free and unrestricted, to and for
the benefit of Chesterfield County. (T)
7. Vehicular Access to Duval Road. Direct vehicular access
from the Property to Duval Road shall be limited to two
(2) public roads. The exact locations of these accesses
shall be approved by the Transportation Department. (T)
8. Road Improvements. To provide an adequate roadway
system, the Developer shall provide the following road
improvements in accordance with a phasing plan approved
by the Transportation Department:
a. Construction of additional pavement along Duval
Road at each public road intersection to provide
right and left turn lanes into the Property, based
on Transportation Department standards.
b. Widening/improving the north side of Duval Road to
an eleven (11) foot wide travel lane, measured from
the centerline of the existing pavement, with an
additional one (1) foot wide paved shoulder plus a
seven (7) foot wide unpaved shoulder and overlaying
the full width of Duval Road with one and one-half
( 1.5) inches of compacted bi tuminous asphalt
concrete, with modifications approved by the
Transportation Department, for the entire Property
frontage.
c. Reconstruction of two lanes of Otterdale Road to
VDOT Urban Minor Arterial (50mph) standards, with
any modifications approved by the Transportation
Department, from point A to point B as shown on
Exhibi t A, prepared by Barthol Design Associates
and dated February 19, 2007. The exact location,
design, and length of this improvement shall be
approved by the Transportation Department.
d. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. In the event the Developer is unable to
acquire the "off-site" right-of-way that is
necessary for such improvements, the Developer may
request, in writing, that the County acquire such
right-of-way as a public road improvement. All
costs associated with the acquisition of the right
of way shall be borne by the Developer. In the
event the County chooses not to assist the
07-517
OS/23/07
Developer in acquisition of the "off-site" right-
of-way, the Developer shall be relieved of the
obligation to acquire the "off-site" right-of-way,
and only provide road improvements that can be
accommodated wi thin available right-of -way, as
determined by the Transportation Department. (T)
9.
Phasing Plan for Road Improvements. Prior to any
construction plan approval, a phasing plan for the
improvements identified in proffered condition 8 shall
be submitted to and approved by the Transportation
Department. The approved phasing plan shall require,
among other things, completion, as determined by the
Transportation Department, of the improvement identified
in proffered condition 8e prior to the issuance of any
building permits. (T)
--
10. Drainag-e. The Applicant shall make necessary
improvements downstream of the culverts under Otterdale
Road that carry the stream draining the Property such
that those culverts will be fully functional to allow
the normal stream to flow through them; provided that,
if the Applicant submits documentation acceptable to
Enviror~ental Engineering indicating that, construction
of such downstream improvements would not be sufficient
to prevent flooding of that section of Otterdale Road as
a result of a 10 year storm, then the Applicant shall,
inlieu of such downstream improvements, design and
construct stormwater facilities :30 that the 10 year
post-development storm is retained on the Property and
released at the 2 year pre-development rate. (EE)
......-'
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07SN0143
In Midlothian Magisterial District, J. B. BARNETT requests
rezoning and amendment of zoning district map from
Residential (R-7) to Agricultural (A) with Conditional Use to
permit a contractor's shop and storage yard. The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for village shopping district use.
This request lies on 0.7 acre and is known as 1224 Crowder
Drive. Tax ID 729-708-2499.
Ms. Rogers presented a summary of Case 07SN0143 and stated
the Planning Commission recommended approval and acceptance
of the proffered conditions, indicating that the applicant
has operated at this location for 30-plus years with a use
permi t from the Board of Zoning Appeals wi th no apparent
impact on the neighbors and that it would be appropriate for
the applicant to continue operations for seven years. She
further stated staff recommended denial because the use does
not comply with the Midlothian Area Community Plan.
'-'
Mr. J. B. Barnett requested the Board's approval of his
rezoning request.
Mr. Miller called for public comment.
07-518
OS/23/07
No one came forward to speak to the request.
Mr. Sowder stated he understands staff's reason for
recommending denial, since the request does not comply with
the Plan; however, Mr. Barnett has been in business since
1975 in an area that is probably one of the most restrictive
communities that he is aware of. He stated support was
present at the Planning Commission meeting, and the applicant
has complied with everything the residents have requested.
Mr. Sowder then made a motion, seconded by Mrs. Humphrey, for
the Board to approve Case 07SN0143 and accept the proffered
conditions.
In response to Mrs. Humphrey's
indicated that seven years would
continue operating his business.
question, Mr.
be sufficient
Barnett
time to
Mr. Miller called for a vote on the motion of Mr. Sowder,
seconded by Mrs. Humphrey, for the Board to approve Case
07SN0143 and accept the following proffered conditions:
1. This Conditional Use shall be granted to and for J. B.
Barnett, exclusively, for a period not to exceed seven
(7) years and shall not be transferable or run with the
land. (p)
2. This Conditional Use shall be limited to the operation
of a heating and air conditioning business, exclusively,
and a maximum of six (6) employees, other than the
applicant and his immediately family members, shall be
permitted. (p)
3. Other than normal maintenance or improvements necessary
to meet the Virginia Statewide Building Code, there
shall be no exterior additions or alterations to the
structures. (BI & P)
4. All work, with the exception of parking associated with
the business, shall be conducted entirely within an
enclosed building. (P)
5. One (1) sign shall be permitted and shall not exceed six
(6) square feet. (P)
6. No more than five (5) customers shall be permitted on
the property at anyone (1) time. (P)
7. No deliveries shall be permitted before 8: 00 a. m. or
after 6:00 p.m. Deliveries shall not be permitted to or
from the property by a tractor trailer truck. (P)
8. Hours of operation shall be restricted to between 7: 00
a.m. and 9:00 p.m., Monday through Saturday. No Sunday
operation shall be permitted. (P)
9. In addition to the heating and air conditioning business
permitted as conditioned herein, uses permitted on the
property shall be limited to those uses permitted by
right or with restrictions in the Agricultural (A)
District, except that the following uses shall not be
permitted:
07-519
OS/23/07
a. Model homes;
b. Communications towers;
c. Forestry operations and sawmills together with the
incidental uses thereof;
d. Private kennels; and
e. Manufactured homes. (P)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
--
07SN0205
In Midlothian Magisterial District, GOODE LAND COMPANY
requests rezoning and amendment of zoning district map from
Agricultural (A) to Neighborhood Businef:ls (C-2). The density
of such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for light industrial/flex uses. This
request lies on 2.1 acres fronting approximately 200 feet on
the south line of Midlothian Turnpike, also fronting
approximately 390 feet on the west line of Otterdale Woods
Road and located in the southwest quadrant of the
intersection of these roads. Tax ID 721-709-3240.
Ms. Rogers presented a summary of Case 07SN0205 and stated
Transportation staff is concerned that turning movements at
the Buckingham Service Road intersection with Otterdale Woods
Road is too close to the intersection with Midlothian
Turnpike and has suggested that left-hand turn movements in
and out of the intersection be restricted so as to not cause
congestion at the Midlothian Turnpike/Otterdale Woods Road
intersection. She further stated staff and the Planning
Commission, on a vote of 3 against and 2 abstentions,
recommended denial because the proposed. zoning and land uses
fail to comply with the Route 288 Corridor Plan, and the
proposal fails to adequately address transportation concerns.
-"
Mr. Jim Theobold, representing the applicant, stated this is
a modest request to utilize 5,000 square feet for a local
Midlothian-based branch bank. He provided details of the
si te plan for a previous zoning request, which included 72
acres, two acres of which was the subject property. He noted
that, for OL variety of reasons, the opportunity to provide
light industrial uses on the full property was lost. He
stated the applicant tried to bring' the exact type of
economic development opportunity that was originally proposed
for this two-acre piece of land at the corner. He noted that
the earlier proposal was found to be consistent with the
Route 288 Corridor Pla~. He stated the only difference in
the two proposals is that it does not include the entire 72
acres. He further stated the Transportation Department
requested and the applicant agreed to give up its ability to
access Midlothian Turnpike and to give~ up direct access to
and from the site from Otterdale Woods Road. He further
stated the Transportation Department also requested that the
applicant construct a median that extends beyond Buckingham
Service Road and provide enough room to build a u-turn, so
that patrons do not get used to coming out and making a left-
hand turn because of a different road network when the area
is developed in its entirety, indicating that the applicant
did not believe that this was a reasonable request. He
stated the applicant provided an independent traffic study
07-520
OS/23/07
showing that stacking of traffic would work since this lS a
very limited use. He further stated the applicant has been
involved in the planning process for this area and
understands that when the entire property is fully developed,
patrons will not be able to come out of the back entrance
,
make a left-hand turn, and another immediate left. He stated
development on the remainder of the property is years away,
and approval of the request will not significantly impact
traffic on Otterdale Road. He requested that the Board allow
the applicant to operate in a way to let patrons get in and
out initially until the road network is in place to reroute
all the traffic in the area as the project develops.
Discussion ensued relative to the types of businesses the
Plan calls for on the subject property.
Mr. Miller called for public comment.
No one came forward to speak to the request.
There was brief discussion regarding the road alignment and
traffic signal in the vicinity of the subject property.
Mr. McCracken stated staff is concerned that, when the
remainder of the property is developed, a median will be
constructed, which will restrict access to the subject
property and negatively impact the business. He stated
Otterdale Woods Road will eventually carry a lot of traffic,
and it would not be safe to have an entrance 400 feet away
from the traffic signal at Midlothian Turnpike.
In response to Board members' questions, Mr. McCracken stated
a left turn out of the subject property would not currently
be a safety issue; but as additional development occurs, it
will become more of a problem. He further stated, in staff's
opinion, it is better for traffic to turn right out of the
subject property and make a u-turn than to get used to making
a left turn that is 400 feet away from Route 60.
,~
Mr. Sowder thanked Mr. Theobold for providing history
regarding development of this property. He stated the
transportation issue may be valid in the future, but he is
concerned that the subj ect property was part of a proposal
that complied with the Route 288 Corridor Plan, and for
various reasons, contracts were lost. He expressed concerns
relative to the loss of commercial development and stated he
fears if this request is denied, it will be another example
of deferring business that is critical to the county's
future. He stated it is important that the applicant
understand that, down the road, vehicles will not have the
ability to make a left turn out of the subject property. He
further stated the county must do everything possible to
encourage commercial and office development, and he sees this
proposal is part of a larger plan to encourage further
development along this corridor. He stated he is inclined to
support the request.
In response to Mr. Miller's question, Mr.
staff would have the same requirements for
this location. He expressed concerns that,
the median will become necessary.
McCracken stated
any other use at
as growth occurs,
07-521
OS/23/07
Mrs. Humphrey stated she would like to see the business start
up well with easy access and develop a clientele prior to the
necessity for a median. She further stated the bank will not
impose a traffic burden today. She noted it would have been
better to complete this case a year ago with a comprehensive
project. She stated she will support the request, indicating
that is not right with today's economy to tell businessmen
that they cannot locate in the county.
Mr. Sowder stated, in his opinion, commercial development is
as critical to the county today as the transportation issue.
He further stated the county cannot afford to apply stumbling
blocks to commercial development. He stated any development
in this area should stimulate addi tional commercial
development and the completion of the road to Route 288.
~'
Mr. Sowder t:hen made a motion, seconded by Mrs. Humphrey, for
the Board to approve Case 07SN0205 and accept the proffered
conditions.
Mr. Miller stated he will abstain from voting on this request
because he is not satisfied that eliminating the median
requirement would be the right thing to do, referring to a
similar situation on Beach Road.
Mr. King stated he will support the request, although he
fears that the applicant may be back before the Board some
day. He further stated, if he owned a business at this
location, he would be very upset if a median was constructed
and access restricted.
Ayes: Humphrey, King, Sowder and Warren.
Nays: None.
Abstain: Miller.
--
07SN0261 (Amended)
In Bermuda Magisterial District, TOP NOTCH CONTRACTING INC.
requests rezoning and amendment of zoning district map from
Residential (R-7) to Corporate Office (0-2) and Residential
Townhouse (R-TH) plus Conditional Use Planned Development to
permit exceptions to Ordinance requirements. The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for office/residential mixed use
uses. This request lies on 1.6 acres and is known as 3810
West Hundred Road. Tax ID 791-656-2236,
Ms. Rogers presented a summary of Case 07SN0261 and stated
the Planning Commission recommended approval and acceptance
of the proffered conditions, indicating that the proposed
town houses would support the renovation of the existing
structure for office use. She further stated staff
recommended denial because the proposed Residential Townhouse
(R-TH) zoning does not conform to the Chester Plan, and the
-
application fails to address the impact on the townhouse
project on the health, welfare and safety of the residents of
the development through crime prevention measures, as
recommended by the Police Department.
--
Mr. Whitley Blake,
looked at several
representing the applicant,
different ways to renovate
stated he has
the existing
07-522
OS/23/07
structure and worked very hard with the residents, who voiced
support at the Planning Commission meeting of the proposed
town homes and rezoning for office use.
In response to Mr. King's question, Mr. Blake stated the old
home will be restored for office use, and a parking lot and
nine town homes will be built behind the structure.
Mrs. Humphrey inquired why the Police Department is concerned
about nine town houses.
Mr. Jim Eicher, representing the Police Department, stated
the Police Department received guidance from County
Administration relative to being proactive with crime
prevention due to concerns that have arisen with respect to
multi-family development. He further stated the proposed
development falls within the definition of multi-family. He
stated he has spoken with Mr. Blake, who is interested in
doing many of the things recommended by the Police
Department, but is apprehensive about making actual security
proffers.
Mr. Blake stated the security proffer is intended for a
large-scale development. He further stated he does intend to
install peepholes and deadbolt locks.
Mrs. Humphrey stated security issues for this proposal can be
addressed during the site plan process.
In response to Mr.
town homes will be
$200,000 range.
Miller's question, Mr. Blake stated the
upper scale and sold in the mid to high
In response to Mr. Sowder's question, Mr. Eicher stated the
proffered condition drafted by the Police Department relative
to security concerns only addresses multi-family development.
Discussion ensued relative to crime statistics associated
with multi-family development.
Mr. Miller called for public comment.
No one came forward to speak to the request.
Mr. King stated the proposed town homes would provide a great
opportunity for schoolteachers to live and walk to the three
area schools. He further stated he is most interested in the
renovation of the old home on Route 10.
Mr. King then made a motion, seconded by Mrs. Humphrey, for
the Board to approve Case 07SN026l and accept the following
proffered conditions:
1. Textual Statement. The Textual Statement dated March
27, 2007 shall be considered the Master Plan. (P)
2. Utilities. The public water and wastewater systems shall
be used. (U)
3. Dedication. In conjunction with recordation of the
initial subdivision plat, prior to any site plan
approval, or within sixty (60) days from the date of a
written request by the Transportation Department,
07-523
OS/23/07
whichever occurs first, forty-five (45) feet of right-
of -way on the north 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)
4.
Access.
driveway
shall be
No direct: vehicular access, except one (1.)
that serves only one (1) residential structure,
provided from the property to Route 10. (T)
--
5.
Drainage. All impervious areas that
northeast corner towards Old Centralia
redirected to the drainage system at
corner of the site. (EE)
drain
Road
the
to the
shall be
northwest
We hereby proffer the following conditions for the
Residential Townhouse (R-TH) portion of the property:
7. Impacts on Capital Facilities: The applicant,
subdivider, or assignee (s) shall pay the following to
the County of Chesterf ield prior to the issuance of a
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. At the time of payment, the $15,600 shall be
allocated pro-rata among the facility costs as
follows: $5,331 for schools, $602 for parks, $348
for library facilities, $404 for fire stations,
$8,915 for roads; or
-----
b. The amount approved by the Board of Supervisors not
to exceed $15,600 per dwellinq 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 pa~yment is made if paid
atter June 30, 2007. The paymE:mt shall be allocated
pro-rata as set forth above.
c.
Cash proffer payments
purposes proffered or
law.
shall be spent for the
as otherwise permitted by
d. If Chesterfield County imposes impact fees at any
time during the life of the development that are
applicable to the Property, the amount paid in cash
proffers shall be in lieu of or credited toward,
but not in addition to, any impact fees, in a
manner as determined by the County. (B&M)
8. Architectural Treatment:
a.
The front facades of (5) of
shall be brick and no two
contiguous.
the
such
dwelling units
units shall be
-----'
b. No windows shall be located on the north side of
the northern-most dwelling unit above the first
story. (p)
9. Driveways. All private driveways shall be hard
surfaced. (p)
07-524
OS/23/07
10. Buffers:
a.
A fifteen (15) foot buffer shall be provided along
the northern property boundary. This buffer shall
comply will the Zoning Ordinance requirements for
buffers less than fifty (50) feet in width.
b.
All buffers shall be located wi thin recorded open
space. (P)
,-
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07SN0280
In Clover Hill Magisterial District, GENITO TOWNES, LLC
requests rezoning and amendment of zoning district map from
Community Business (C-3) to Residential Townhouse (R-TH) plus
Conditional Use Planned Development to permit exceptions to
Ordinance requirements. The density of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for office use. This request lies on 17.9 acres fronting
approximately 760 feet on the north line of Genito Road
approximately 540 feet east of Clintwood Road; also fronting
the east termini of Davelayne and Delgado Roads and the
southern terminus of Oakmeadow Lane. Tax ID 743-685-2000.
Ms. Rogers presented a summary of Case 07SN0280 and stated
the Planning Commission, on a vote of 3 to 1 with 1
abstention, recommended approval of the rezoning and
acceptance of the proffered conditions, noting that, although
the proposal does not conform to the Powhite/Route 288
Development Area Plan, the Plan is old and the proposed R-TH
zoning will provide an acceptable land use transition. She
further stated staff concurs with the Planning Commission's
conclusions; however, the Police Department does have
concerns relative to health, safety and welfare issues
regarding crime prevention similar to the issues discussed in
the previous case. She further stated the Planning
Commission, on a vote of 4 to 1, recommended approval of the
waiver to street connectivity requirement to Davelayne Road,
Delgado Road and Oakmeadow Lane, indicating that area
residents support the waiver and that the connection could
result in traffic through the adjacent neighborhood. She
stated staff recommended denial of the waiver to street
connectivity requirement, indicating that the evaluation of
the policy criteria can best be provided through the
subdivision review process.
Mr. Jim Theobold, representing the applicant, stated the
subject property was rezoned in 1995 to allow for two fast-
foot restaurants with drive-through, office warehouse use and
retail uses. He further stated the property was never
developed, and the applicant is now requesting R-TH zoning
for owner-occupied town homes that are intended for sale in
the low $300,000 and up range. He stated the Lake Genito
Community Association supports the request and noted that
several residents of Genito Forest spoke at the Planning
Commission meeting, indicating that they did not support
connectivity through their neighborhood. He further stated,
07-525
OS/23/07
in his opinion, the proposed development offers a
significantly better transition for area residents,
indicating that the developer will provide a 75-foot buffer
and a fence between the proposed development and the area
neighborhoods. He stated the proffered conditions will
ensure the quality of the development and requested the
Board's approval of the proposal.
Mr. Miller called for public comment.
-'
No one came forward to speak to the request.
Mr. Warren stated he appreciates the applicant working with
the Planning Commissioner and the community to bring forward
a good case.
There
points
and to
was brief discussion relative to the three access
that will be available for the proposed development
the types of uses in the surrounding area.
Mr. Theobold noted that there would be much less traffic with
the proposed development than would be generated with the
existing zoning.
Mr. Warren made a motion,
Board to approve the
requirements to Davelayne
Lane.
seconded by M:rs. Humphrey, for the
waiver to street connecti vi ty
Road, Delgad.o Road and Oakmeadow
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
-..-'
Mr. Warren then made a motion, seconded. by Mr.
Board to approve Case 07SN0280 and accept
proffered conditions:
King, for the
the following
The property owners and applicant in this rezoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County,
for themselves and their successors or assigns, proffer that
the property under consideration will be developed according
to the following proffers if, and only if, the rezoning
request submitted herewith is grant.ed with only those
conditions agreed to by the owners and applicant. In the
event this request is denied or approved with conditions not
agreed to by the owners and applicant, the proffers shall
immediately be null and void and of no further force or
effect.
1. Master Plan. The Textual Statement dated March 16, 2007
shall be considered to be the Master Plan. (P)
2.
Cash Proffers. The applicant, subdivider, or
assignee (s) shall pay the following to the County of
Chesterfield, prior to the issuance of a building
permit.. for infrastructure improvements within the
service district for the Property:
--'
a. $15,600.00 per dwelling unit, if paid prior to July
1, 2007, or the amount approved by the Board of
Supervisors, not to exceed $15,600.00 per dwelling
uIli t as adj usted upward by any increase in the
Marshall and Swift Building Cost Index between July
07-526
OS/23/07
1, 2006 and July 1 of the fiscal year in which the
payment is made if paid after June 30, 2007.
b. Provided, however, that if any building permits
issued on the Property are for senior housing, as
defined in the proffer on age-restriction, the
applicant, sub-divider, or assignee(s) shall pay
$10,269.00 per dwelling unit if paid prior to July
1, 2007, or the amount approved by the Board of
Supervisors, not to exceed $10,269.00 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 $10,269.00 will be
allocated pro-rata among the facility costs as
follows: $602.00 for parks and recreation, $348.00
for library facilities, $8,915 for roads, and $404
for fire stations. Payments in excess of
$10,269.00 shall be prorated as set forth above.
Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law.
Should Chesterfield County impose impact fees at any
time during the life of the development that are
applicable to the property, the amount paid in cash
proffers shall be in lieu of or credited toward, but not
in addition to, any impact fees, in a manner as
determined by the county. (B&M)
3. 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 designed as age-restricted
shall be restricted to "housing for older persons" as
defined in the Virginia Fair Housing Law and no persons
under 19 years of age shall reside therein. Any lots
for age-restricted dwelling units shall be grouped
together on a particular portion of the Property and
shall not be scattered among other residential units.
At the time of recordation of a subdivision plat or the
approval of any site plan, the lots shall be noted as
age-restricted. Any site plan for age-restricted
dwelling units shall also note the restriction. To the
extent a subdivision plat is not required, the age
restriction shall be recorded as a restrictive covenant
prior to site plan approval. (B&M)
4. Utilities. The public water and wastewater systems
shall be utilized. (U)
5. Stormwater Runoff. Stormwater runoff shall be retained
based upon the ten (10) year post-development rate and
released based upon the two (2) year pre-development
rate, and stored based upon the one hundred (100) year
post-development rate and released at a rate such that
the existing culvert under Genito Road meets current
VDOT criteria. (EE)
6. 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
07-527
OS/23/07
timbering on the Property until a land disturbance
permi t has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. (EE)
7. Overall Density. The aggregate density on the Property
shall not exceed 4.5 units per acre. (P)
8. Buffers.
a.
Buffers, a minimum of seventy-five (75) feet in
width, shall be provided adj acent to Lake Geni to
and Genito Forest Subdivisions. Such buffers shall
comply with the Zoning Ordinance requirements for
seventy-five (75) foot buffers and shall
incorporate a solid board fence a minimum of six
(6) feet in height through the length of these
buffers.
-'
b. All required buffers shall be located within
recorded open space. (P)
9.
Materials.
of brick,
thickness
foregoing.
The exterior facades of all homes shall be
stone or vinyl siding having a minimum
of 0.042 mils, or a combination of the
Masonite siding shall not be utilized. (P)
10. Restrictive Covenants. The following restrictive
covenants shall be recorded prior to, or in conjunction
with, t~he recordation of any subdivision plat:
a.
The required Homeowners' association for the
townhome development shall be responsible for the
maintenance of the exteriors of homes as follows:
(a) painting, repair, maintenance and replacement
of gutters and downspouts; (b) maintenance of
roofs, shingles, sheathing and felt; (c) exterior
building wall surfaces (exclusive of doors and
windows); (d) common areas; and (e) the fence
provided in Proffer 8; and
'-
b. The required Homeowners' association for the
townhome development shall be responsible for the
posting and maintenance of "Neighborhood Watch",
"No Trespassing" and "No Solicitation" signs at
each entrance to the townhome development in order
to enhance security. (P)
11. Street Lights. Any street light standards shall not
exceed fifteen (15) feet in height, shall be non-glare,
decorative in style, and residential in character. (P)
12. Transportation.
'-'
a. Direct vehicular access from the Property to Genito
Road shall be limited to two (2) public roads. One
of these public roads shall intersect Genito Road
aj: the eastern property line and align with the
existing crossover on Genito Road. The other
public road shall intersect Genito Road towards the
western property line. The exact location of both
o:E these public roads shall be approved by the
Transportation Department.
07-528
OS/23/07
b. The developer shall be responsible for:
i. construction of additional pavement along
Genito Road at each public road intersection
to provide right turn lanes, based on
Transportation Department standards,
ii. full cost of traffic signalization at the
crossover that aligns the eastern access, if
warranted as determined by the Transportation
Department, and
iii. dedication of any additional right-of-way (or
easements) required for these improvements.
c. Prior to any construction plan approval, a phasing
plan for the improvements identified in Proffered
Condition l2.b. shall be submitted to and approved
by the Transportation Department.
d. All roads that accommodate general traffic
circulation, as determined by the Transportation
Department, shall be constructed to VDOT standards
and accepted into the State System. (T)
13. No Access. No lots shall have vehicular access through
Lake Genito or Genito Forest Subdivisions. (P)
14.
Dwelling units
seven hundred
area. ( P)
shall
(1,700)
have a
square
minimum of one thousand
feet of finished floor
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Miller excused himself form the meeting.
16. PUBLIC HEARINGS
16.A. TO CONSIDER AN ORDINANCE EXEMPTING APPLICANTS FOR
RESIDENTIAL BUILDING PERMITS FROM PAYING BUILDING
PERMIT FEES FOR THE CONSTRUCTION OF HANDICAP ACCESS
RAMPS
Mr. Micas stated this date and time has been advertised for a
public hearing for the Board to consider an ordinance
exempting applicants for residential building permits from
paying building permit fees for the construction of handicap
access ramps.
Mr. Stith stated the financial impact of this ordinance on
the budget would be very minimal.
Mrs. Humphrey called for public comment.
No one came forward to speak to the issue.
Mr. King stated he had requested this ordinance amendment for
residents with disabilities after learning that there were
very few building permits issued for handicap access ramps.
07-529
OS/23/07
On motion of Mr. King, seconded by Mr. Sowder, the Board
adopted the following resolution:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 5-5 RELATING TO PERMIT FEES
FOR RESIDENTIAL HANDICAP ACCESS RAMPS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
--
(1) That Section
Chesterfield, 1997,
read as follows:
5-5 of the Code of the County of
as amended, is amended and re-enacted to
Sec. 5-5. Permit fees.
000
(b) Fee schedule. Fees shall be charged in accordance
with the following schedule:
(2) Residential building permits:
000
c. Additions and other accessory structures .
336.00
000
5.
Deck, carport, gazebo, dormers,
greenhouse, unheated pool house,
retaining wall, and boat dock with roof
96.00
-'
000
(7) Fe~e exemptions:
000
f" A building permit fee will not be required for
the construction of ramps which provide access
for handicapped persons to single family
dwellings, including townhouses and
condominiums, provided that the permit
applicant must provide to the building
official proof that an individual who resides
in the dwelling is medically in need of such a
ramp for ingress to and egress from the
dwelling.
000
--
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Humphrey, King, Sowder and Warren.
Nays: None.
Absent: Miller.
07-530
OS/23/07
16.B. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK
TRAFFIC ON WOOD LAKE VILLAGE PARKWAY, LAKEBLUFF
PARKWAY, AND TIMBER BLUFF PARKWAY
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider the restriction of
through truck traffic on Woodlake Village Parkway, Lakebluff
Parkway, and Timber Bluff Parkway from Hull Street Road to
Woolridge Road.
--
Mrs. Humphrey called for public comment.
Ms. Carol Quinn, representing the Woodlake Board of Directors
and the Woodlake community, stated she strongly supports the
restriction of through truck traffic on Woodlake Village
Parkway, Lakebluff Parkway and Timber Bluff Parkway. She
expressed concerns relative to the significant increase in
truck traffic passing through Woodlake over the past several
years, as well as to safety concerns associated with the
truck traffic. She stated the previously proposed alternate
route has been adjusted to address the concerns of
neighboring communities. She stated the proposal will direct
traffic onto Otterdale and Woolridge Roads, indicating that
the trucks would most likely be heading to construction sites
along these roadways. She further stated removal of the
truck traffic would prevent damage to the roads in Woodlake,
as well as lengthen their life. She noted that Otterdale and
Woolridge Roads will be improved as new communities develop.
There being no one else to speak to the issue, the public
hearing was closed.
Mrs. Humphrey, made a motion, seconded by Mr. Warren, for the
Board to adopt a resolution requesting that the Virginia
Department of Transportation restrict through truck traffic
on Woodlake Village Parkway, Lakebluff Parkway and Timber
Bluff Parkway.
Mr. Warren noted that Woodlake worked wi th Brandermi 11 on
this issue to avoid using Genito Road for truck traffic,
which was the original proposal, indicating that this is an
excellent example of cooperation among communities.
Mrs. Humphrey called for a vote on her motion, seconded by
Mr. Warren, for the Board to adopt the following resolution:
WHEREAS, the Chesterfield County Board of Supervisors
received a request to restrict any through truck or truck and
trailer or semi - trailer combination except pickup or panel
trucks from using Woodlake Village Parkway, Lakebluff
Parkway, and Timber Bluff Parkway from Hull Street Road to
Woolridge Road; and
WHEREAS, the recommended alternate route is Woolridge
Road (Route 668), Otterdale Road (Route 667), and Hull Street
Road (Route 360); and
WHEREAS, the Board has conducted a public hearing on the
restriction.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors requests the Virginia Department of
Transportation to restrict through truck traffic on Woodlake
07-531
OS/23/07
Village Parkway, Lakebluff Parkway, and Timber Bluff Parkway
from Hull Street Road to Woolridge Road.
Ayes: Humphrey, King, Sowder and Warren.
Nays: None.
Absent: Miller.
16.C. TO CONSIDER THE APPROVAL OF GROUND LEASES IN
CONNECTION WITH CERTIFICATES OF PARTICIPATION
FINANCING FOR THE SMITH-WAGNER BUILDING
EXPAN'SION/RENOVATION PROJECT, THE CIRCUIT COURT/
GENERAL DISTRICT COURTHOUSE EXPANSION PROJECT,
THE FIVE-STORY ADMINISTRATION BUILDING RENOVATION
PROJECT, AND THE OFFSITE PUBLIC SAFETY TRAINING CENTER
PROJECT
---
Mr. Carmody stated this date and time has been advertised for
a public hearing for the Board to consider the approval of
ground leases in connection with Certificates of
Participation financing for the Smith-Wagner Building
Expansion/Renovation Project, the Five-Story Administration
Building Renovation proj ect, and the Offsi te Public Safety
Training Center Project.
Mrs. Humphrey called for public comment.
No one came forward to speak to the issue.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved ground leases to be entered into in connection with
the planned Certificates of Participation financing for the
Smith-Wagner Building Expansion/Renovation proj ect, the
Circui t Court/General District Courthouse Expansion proj ect,
the Five-Story Administration Buildinq Renovation Project,
and the Offsite Public Safety Training Center Project.
'-
And, further, the Board adopted the following resolution:
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF
CHESTERFIELD, VIRGINIA, APPROVING THE FORMS AND THE TERMS,
CONDITIONS .AND PROVISIONS AND AUTHORIZING THE EXECUTION AND
DELIVERY OF A GROUND LEASE, DATED AS OF JUNE 1, 2007, BY AND
BETWEEN THE COUNTY, AS LESSOR, AND SUNTRUST LEASING
CORPORATION, AS LESSEE, A LEASE/PURCHASE AGREEMENT, DATED AS
OF JUNE 1, 2007, BY AND BETWEEN SUNTRUST LEASING CORPORATION,
AS LESSOR, .AND THE COUNTY, AS LESSEE, l;ND A TRUST AGREEMENT,
DATED AS OF JUNE 1, 2007, BY AND AMONG THE COUNTY, SUNTRUST
BANK, AS TRUSTEE, AND SUNTRUST LEASING CORPORATION, IN
CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SALE AND
DELIVERY OF NOT TO EXCEED $25,000,000 PRINCIPAL AMOUNT OF
CERTIFICATES OF PARTICIPATION, SERIES 2007, TO FINANCE A
PORTION OF THE COST OF THE EXPANS ION AND RENOVATION OF THE
SMITH-WAGNER BUILDING, THE EXPANSION AND RENOVATION OF THE
CIRCUIT COURT AND GENERAL DISTRICT COURT COURTHOUSE, THE
RENOVATION OF THE COUNTY ADMINISTRATION BUILDING AND THE
ACQUISITION, CONSTRUCTION, INSTALLATION, FURNISHING AND
EQUIPPING OF THE OFF- SITE PUBLIC SAFETY TRAINING CENTER AND
THE ACQUISITION OF FIRE APPARATUS EQUIPMENT FOR THE COUNTY;
AUTHORIZING AND DIRECTING THE PREPARATION AND DISTRIBUTION OF
A PRELIMINARY OFFERING STATEMENT AND THE PREPARATION,
EXECUTION AND DELIVERY OF AN OFFERING STATEMENT AND DEEMING
--
07-532
OS/23/07
THE PRELIMINARY OFFERING STATEMENT FINAL FOR PURPOSES OF
SECURITIES AND EXCHANGE COMMISSION RULE 15c2 -12; DELEGATING
TO THE COUNTY ADMINISTRATOR THE AUTHORITY, AMONG OTHER
THINGS, TO APPROVE THE SALE OF THE CERTIFICATES AND THE
DEFINITIVE DETAILS OF THE CERTIFICATES; AUTHORIZING THE
MEMBERS OF SUCH BOARD AND THE OFFICIALS AND EMPLOYEES OF SUCH
COUNTY TO TAKE FURTHER ACTION TO CARRY OUT, GIVE EFFECT TO
AND CONSUMMATE THE TRANSACTIONS CONTEMPLATED BY THIS
RESOLUTION; AND MAKING CERTAIN FINDINGS AND DETERMINATIONS
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY
OF CHESTERFIELD, VIRGINIA, AS FOLLOWS:
SECTION 1. Findings and Determinations.
Supervisors (the "Board") of the County of
Virginia (the "County"), hereby finds and
follows:
The Board of
Chesterfield,
determines as
(a) The Board has determined that it is advisable for
the County to enter into a Ground Lease, dated as of June I,
2007 (the "2007 Ground Lease"), by and between the County, as
lessor, and SunTrust Leasing Corporation (the "Leasing
Corporation"), as lessee, providing for the leasing by the
County to the Leasing Corporation of the sites of the Smith-
Wagner Building, the Circuit Court and the General District
Court Courthouse, the County Administration Building and the
Off site Public Safety Training Center and such buildings now
or hereafter existing thereon and has determined to conduct a
public hearing with respect to the same in accordance with
Section 15.2-1800.B of the Code of Virginia, 1950, on May 23,
2007 at the regular meeting of the Board at which this
resolution is being adopted.
(b) The Board has determined that it is advisable for
the County to enter into a Lease/Purchase Agreement, to be
dated as of June 1, 2007 (the "2007 Lease/Purchase
Agreement"), by and between the Leasing Corporation, as
lessor, and the County, as lessee, providing, among other
things, for the leasing by the County from the Leasing
Corporation of the proj ect as defined in the 2007
Lease/Purchase Agreement (the "2007 Project"), including the
expansion and renovation of the Smith-Wagner Building, the
expansion and renovation of the Circuit Court and General
District Court Courthouse, the renovation of the County
Administration Building and the acquisition, construction,
installation, furnishing and equipping of the Offsite Public
Safety Training Center and the acquisition of fire apparatus
equipment for the County.
(c) The Board has determined that it is advisable for
the County to enter into a Trust Agreement, dated as of
June 1, 2007 (the "2007 Trust Agreement"), by and among the
Trustee, the Leasing Corporation and the County.
(d) The Board has determined that it is advisable for
the County to enter into (i) the 2007 Ground Lease, (ii) the
2007 Lease/Purchase Agreement and (iii) the 2007 Trust
Agreement, in connection with the issuance of not to exceed
$25,000,000 principal amount of Certificates of
Participation, Series 2007 (the "Certificates" or the "Series
2007 Certificates"), under the 2007 Trust Agreement for the
purpose of financing a portion of the costs of the expansion
and renovation of the Smith-Wagner Building, the expansion
07-533
OS/23/07
and renovation of the Circuit Court and General District
Court Courthouse, the renovation of the County Administration
Building and the acquisition, construction, installation,
furnishing and equipping of the Offsite Public Safety
Training Center and the acquisition of fire apparatus
equipment for the County.
(e) The Board has determined that it is advisable to
take certain other actions in connection with the
authorization, issuance, sale and delivery of the
Certificates, including delegating to the County
Administrator the authority, among other things, to approve
the interest rates for and other details of the Certificates
-
SECTION 2. Definitions.
"Certificates" or "Series 2007 Certificates" shall mean
the not t:o exceed $25,000,000 principal amount of
Certificates of Participation, Series 2007, to be issued as
the initial series of Certificates under the 2007 Trust
Agreement.
"Trustee" shall mean U.S. Bank National Association, a
banking corporation organized and existing under the laws of
the United States of America and having a corporate trust
office in th.e City of Richmond, virginia..
"2007 Ground Lease" shall mean the Ground Lease, dated
as of June 1, 2007, by and between the County, as lessor, and
the Leasing Corporation, as lessee.
"200J Lease/Purchase Agreement'" shall mean the
Lease/Purchase Agreement, dated as of June 1, 2007, by and
between the Leasing Corporation, as lessor, and the County,
as lessee, providing for the leasing of the Project (as
defined in t;he 2007 Lease/Purchase Agreement) to the County.
-..-'
"2007 Trust Agreement"
dated as of June 1, 2007,
Leasing Corporation and the
shall mean the Trust Agreement,
by and among the Trustee, the
County.
SECTIO~J 3. Additional Findings and Determinations. The
Board hereby further finds and determines as follows:
(a) The leasing of the 2007 Project is presently
essential to the County and is anticipated to continue to be
essential to the County.
(b) (i) The representations set forth in Section 2.1
of the 2007 Lease/Purchase Agreement are true and correct on
and as of the date of adoption of this resolution.
(ii) The statements set forth in Section 4.4 of the
2007 Lease/Purchase Agreement accurately reflect the
intention of the Board with respect to the subject matter
thereof, subj ect to the qualification recited therein that
the Board is not empowered to make any commitment beyond the
current fiscal year of the County.
-'
SECTION 4. Approval of the Form
Lease and the Terms, Conditions and
Authorization and Direction of Execution
2007 Ground Lease. The form of the
of the 2007 Ground
provisions Thereof;
and Delivery of the
2007 Ground Lease
07-534
OS/23/07
-
presented to and filed with the minutes of the meeting of the
Board at which this resolution is being adopted and the
terms, conditions and provisions thereof, are hereby
app~o:ed, ratified and confirmed, and the County
Admlnlstrator or any Deputy County Administrator is hereby
authorized and directed to execute and deliver to the Leasing
Corporation the 2007 Ground Lease in such form, together with
such changes as shall be approved by the County Administrator
or Deputy County Administrator executing the same upon advice
of counsel to the County, such approval to be conclusively
evidenced by his execution thereof.
SECTION 5. Approval of the Form of the 2007 Lease/Purchase
Agreement and the Terms, Conditions and Provisions Thereof;
Execution and Delivery of the 2007 Lease/Purchase Agreement.
The form of the 2007 Lease/Purchase Agreement presented to
and filed with the minutes of the meeting of the Board at
which this resolution is being adopted and the terms,
conditions and provisions thereof (including in particular
the Base Payments required to be paid thereunder as the same
shall be set forth in the exhibits thereto and the other
rental payments required to be paid thereunder) are hereby
approved, ratified and confirmed, and, subject to the
execution and delivery by the County of the 2007 Ground Lease
in accordance with Section 4, the County Administrator or any
Deputy County Administrator is hereby authorized and directed
to execute and deliver to the Leasing Corporation the 2007
Lease/Purchase Agreement in such form, together with such
changes as shall be approved by the County Administrator or
Deputy County Administrator executing the same upon the
advice of counsel to the County, such approval to be
conclusively evidenced by his execution thereof.
SECTION 6. Approval of the Form of the 2007 Trust
Agreement and the Terms, Conditions and Provisions Thereof;
Execution and Delivery of the 2007 Trust Agreement; Approval
of Appointment of Trustee. (a) The form of the 2007 Trust
Agreement presented to and filed with the minutes of the
meeting of the Board at which this resolution is being
adopted and the terms, conditions and provisions thereof, are
hereby approved, ratified and confirmed, and, subject to the
execution and delivery by the County of the 2007 Ground Lease
in accordance with Section 4, the County Administrator or any
Deputy County Administrator is hereby authorized and directed
to execute and deliver the 2007 Trust Agreement to the
Trustee and the Leasing Corporation, together with such
changes as shall be approved by the County Administrator or
Deputy County Administrator executing the same upon the
advice of counsel to the County, such approval to be
conclusively evidenced by his execution thereof.
(b) The Board hereby approves the appointment of U. S.
Bank National Association, as Trustee under the 2007 Trust
Agreement.
SECTION 7. Preparation and Distribution of Preliminary
Offerins Statement and preparation, Execution and Delivery of
Offering Statement; Preliminary Offering Statement "Deemed
Final" for Purposes of Rule l5c2-l2 of the Securities and
Exchange Commission. (a) The County Administrator and other
appropriate officials and employees of the County are hereby
authorized and directed to prepare and distribute or
disseminate, or cause to be prepared and distributed or
disseminated, to prospective purchasers of the Certificates a
07-535
OS/23/07
Preliminary Offering Statement relating to the Certificates
(the "Preliminary Offering Statement"), such Preliminary
Offering Statement to be in substantially the form presented
to and filed with the minutes of the meeting of the Board at
which this resolution is being adopted. All actions taken by
the officials, employees, agents and attorneys of the County
with respect to the preparation a.nd distribution or
dissemination of such preliminary Offering Statement prior to
the date hereof are hereby approved, ratified and confirmed.
(b) The County Administrator and other appropriate
officials and employees of the County are hereby authorized
and directed to prepare, or to cause to be prepared, an
Offering Statement relating to the Certificates (the
"Offering Statement"), such Offering Statement to be in
substantially the form of the Preliminary Offering Statement
with the completion therein of the information with respect
to the interest rates to be borne by the Certificates as
specified by the successful bidder for the Certificates and
other definitive details of the Certificates determined upon
the sale of the Certificates to the successful bidder
therefor.
(c) The County Administrator is hereby authorized to
execute and deliver to the representative of the purchasers
of the Certificates the Offering Statement relating to the
Certificates in accordance with the provisions of the
Detailed Notice of Sale relating to the Certificates.
(d) The Preliminary Offering Statement shall be "deemed
final" as of its date for purposes of Rule 15c2-l2
promulgated by the Securities and Exchange Commission
pursuant to the Securities Exchange Act of 1934 ("Rule l5c2-
12") except for the omission of certain information permitted
to be omitted by Rule 15c2-l2. The County Administrator is
hereby authorized to execute and deliver to the
representative of the purchasers of the Certificates a
certificate dated the date of the Preliminary Offering
Statement stating that the Preliminary Offering Statement is
"deemed final" as of its date by the County for purposes of
Rule 15c2-l2.
SECTION 8. Sale of Certificates; Details of
Certificates. (a) There is hereby delegated to the County
Administrator authority, without further action by the Board,
to approve the sale of the Certificates at competitive sale
at not less than 100% of the principal amount thereof, plus
accrued interest thereon from their date to the date of the
delivery thereof and payment therefor, and on such other
terms and conditions as shall be provided in the Detailed
Notice of Sale relating to the Certif icates. The County
Administrator is hereby authorized to cause to be published
and distributed a Detailed Notice of Sale relating to the
Certificates in such form and containing such terms and
conditions as he may deem advisable, subject to the
provisions hereof. In lieu of publishing the full text of
the Detailed Notice of Sale relating to the Certificates in
accordance with the provisions of the immediately preceding
sentence, the County Administrator is hereby authorized to
cause a Summary Notice of Sale of the Certificates in such
form as the County Administrator shall approve to be
published in The Bond Buyer on a date selected by the County
Administrator and is hereby further authorized to cause to be
prepared and distributed a Detailed Notice of Sale relating
07-536
OS/23/07
'-
-'
to the Certificates, such Detailed Notice of Sale to be in
substantially the form set forth in Appendix F to the
Preliminary Offering Statement relating to the Certificates
presented to the meeting at which this resolution is being
adopted.
(b) The County is hereby authorized to receive bids for
the purchase of the Certificates and, the County
Administrator, without further action by the Board, is
authorized to approve the acceptance of the bid offering to
purchase the Certificates at the lowest true interest cost to
the County, computed in accordance with the provisions of the
Detailed Notice of Sale; provided that (i) such bid is
accompanied by a surety bond meeting the conditions specified
in the Detailed Notice of Sale relating to the Certificates
and is otherwise in conformity with such Detailed Notice of
Sale, (ii) no premium payable upon the redemption of the
Certificates shall be in excess of two percent (2%) and (iii)
the true interest cost to the County as specified in such bid
is not in excess of six percent (6%) . The County
Administrator is hereby authorized to determine the date of
the Certificates, the dates on which interest shall be
payable on the Certificates, the maturity dates of the
Certificates, the aggregate principal amounts of the
Certificates of each series and the principal amounts of the
Certificates maturing in each year.
(c) The County Administrator, the Director of
Accounting and the County Attorney are hereby authorized to
execute and deliver to the purchasers of the Certificates one
or more certificates in the forms provided for in the
Offering Statement relating to the Certificates.
(d) The County Administrator is hereby authorized to
approve the definitive details of the Certificates as the
same shall be set forth in the Detailed Notice of Sale, the
Preliminary Offering Statement, the Offering Statement and
the bid submitted by the successful bidder for the
Certificates.
SECTION 9. Tax Covenant. The County covenants and
agrees to comply with the provisions of Sections 103 and 141-
150 of the Internal Revenue Code of 1986 and the applicable
Treasury Regulations promulgated thereunder throughout the
term of the Certificates.
SECTION 10. Further Action of the Board and of the
Officials and Employees of the County. The members of the
Board and the officials and employees of the County are
hereby authorized and directed to take any and all such
further action as upon advice of counsel to the County they
shall deem necessary or desirable in order to carry out, give
effect to and consummate the transactions contemplated by
this resolution and by the terms of the 2007 Ground Lease,
the 2007 Lease/Purchase Agreement and the 2007 Trust
Agreement and by any of the documents referred to herein or
therein or approved hereby or thereby.
SECTION 11. Repeal of Conflicting Resolutions. All
resolutions, or portions thereof, heretofore adopted by the
Board which are in conflict or inconsistent with this
resolution are hereby repealed to the extent of such
inconsistency.
07-537
OS/23/07
SECTION 12. Effectiveness of Resolution. This
resolution shall be effective from and after its adoption.
Ayes: Humphrey, King, Sowder and Warren.
Nays: None.
Absent: Miller.
16.D. TO CONSIDER AN ORDINANCE TO ESTABLISH THE "CEDAR CREST
SEWER ASSESSMENT DISTRICT" FOR FIVE LOTS IN THE
ENGLEWOOD AND SAINT JOHNS WOODS SUBDIVISIONS
--
Mr. Covington stated this date and time has been advertised
for the Board to consider an ordinance to establish the
"Cedar Crest Sewer Assessment District" for five lots in the
Englewood and Saint Johns Woods Subdivisions. He further
stated staff is requesting that the Board adopt the ordinance
to establish the assessment district; appropriate funds in
the amount of $84,000 for the proj ect from the Utilities
sewer fund balance; and set the interest rate at 4.86 percent
for the installment payment option for the assessment
district.
Mrs. Humphrey called for public comment.
No one came forward to speak to the issue.
Mr. Sowder stated there was a resident present who supported
the assessment district, but he has left the meeting.
Mr. Sowder then made a motion, seconded by Mr. King, for the
Board to a.dopt the following ordinance establishing the
"Cedar Crest Sewer Assessment District":
-'
AN ORDINANCE CREATING THE CEDAR CREST
SPECIAL TAX OR ASSESSMENT SEWER DISTRICT,
IMPOSING ASSESSMENT AGAINST LAND OWNERS IN THE
DISTRICT AND PROVIDING FOR SUSPENSION OF PAYMENT
FOR CERTAIN ELDERLY OWNERS
BE IT ORDAINED by the Board of Supervisors of
Chesterfield County:
(1) That the Cedar Crest Special Tax or Assessment
Sewer District is created as follows:
Section 1. Definitions.
In the context of this ordinance, the following words
shall have the following meaning:
District:
District.
Cedar Crest Special Tax or Assessment Sewer
-.../
Map of the District: The map entitled
Crest Sewer Assessment District" prepared
Department of Utilities, which map is on
director of utilities.
"Proposed Cedar
by the County
file with the
07-538
OS/23/07
Section 2. Establishment of the Cedar Crest Special Tax or
Assessment Sewer District.
Pursuant to Code of Virginia, Section 15.2-2404 et seq.,
there is hereby created in the county the Cedar Crest Special
Tax or Assessment Sewer District. The area of the district
shall be and the same is hereby fixed within the boundaries
depicted on the map of the district.
Section 3. Construction of certain sewer facilities in and
adjacent to the district.
The utilities department shall cause to be constructed
in and adjacent to the district the sewer line and
appurtenant facilities depicted on the map of the district.
Section 4. Taxes or assessments upon owners of property
located within the district.
The cost of construction of the sewer line and
appurtenant facilities located within the district shall be
apportioned among the owners of property abutting the sewer
line. The amount of the tax or assessment charged to each
such owner shall be one fifth (1/5) of the total cost of the
improvements constructed within the district, including the
legal, financial and other directly attributable costs
incurred by the County. The one fifth (1/5) charge shall be
assessed against each lot located in the district. The
amount finally taxed or assessed against each landowner shall
be reported to the treasurer as soon as practicable after
completion of the sewer line and appurtenant facilities
located wi thin the district, and the treasurer shall enter
the same as provided for other taxes.
Section 5. Installment payment of assessments.
-~
Any person against whom an assessment provided for in
this article has been finally made shall pay the full amount
of the assessment provided for in this article, on the due
date of the first tax bill on which such assessment is shown.
In no event, however, shall any part of the assessment be due
prior to the completion of the sewer line and appurtenant
facilities constructed pursuant to this article. As an
alternative to payment as provided above, a person against
whom an assessment provided for in this article has been made
may pay such assessment in forty (40) equal semiannual
principal installments over a period of twenty (20) years,
together with simple interest on the unpaid principal balance
at an annual rate equal to the index of average yield on
United States Treasury Securities adjusted to a constant
maturity of one year as made available by the Federal Reserve
Bank on the date when this ordinance was adopted. The first
of such installments shall be due on and interest on the
unpaid principal balance shall accrue from the date on which
the full amount of the assessment would otherwise have been
due as provided above.
Section 6. Suspension of payment of assessments.
Payment of assessments otherwise due under this
ordinance shall be suspended for any owner who owned property
on the day the ordinance creating the assessment district was
adopted and who occupies a residential building located on
07-539
OS/23/07
the property and is 65 years of age or older. However when
the property is no longer occupied by a person who is 65
years of age~ or older or is conveyed to another person or
persons, irrespective of the age of the person or persons to
whom the property is conveyed, the suspension of payments
shall cease and the entire assessment, including accrued
interest, shall be immediately due and payable. It shall be
the obligation of any such owner to provide a driver's
license or other photo identification establishing proof of
age satisfactory to the director of utilities in order for
such suspension to become effective.
...-
Section 7.
This ordinance shall not be set out in the County Code
but shall be kept on file in the office of the director of
utilities.
(2) This ordinance shall be in effect immediately upon
its adoption.
And, further, the Board appropriated funds in the amount of
$84,000 for the project from the sewer fund balance and set a
4.86 percent interest rate for the installment payment
option.
Ayes: Humphrey, King, Sowder and Warren.
Nays : NonE~ .
Absent: Miller.
16.E. TO CONSIDER THE SALE OF APPROXIMATELY 57 +/- ACRES OF
PUBLIC LAND LOCATED AT THE INTERSECTION OF IRONBRIDGE
ROAD AND COURTHOUSE ROAD TO IRONBRIDGE LAND COMPANY
,,"-,,",,>,.
Mr. Stith st:ated this date and time has been advertised for a
public hearing for the Board to consider the sale of
approximately 57 +/ - acres of public land located at the
intersection of Ironbridge Road and Courthouse Road to
Ironbridge Land Company. He further stated this is an
excellent opportunity for the county to enhance its ability
to have quality retail development close to the Courthouse,
indicating that staff recommends approval of the sale of the
property.
Mrs. Humphrey called for public comment.
Mr. Rich .Johnson, President of Ironbridge Land Company,
stated he agrees that this is a great opportunity for the
county. He further stated there have been detailed
discussions relative to the sensitivity of transportation
issues around the parcel, the compatibility of architecture
with that of the Courthouse property, and to the overlay
district issues that impact the subject property. He stated
the purchase contract is subject to zoning approval, and he
looks forward to producing a high quality development that
will serve the community in this area well.
Mr. Miller returned to the meeting.
In response to Mr. King's question, Mr. Johnson stated he is
sensitive to the fact that a school is located on an adjacent
parcel and will work with staff to propose proffered
07-540
OS/23/07
condi tions relative to appropriate uses during the zoning
process.
There being no one else to speak to the issue, the public
hearing was closed.
On motion of Mr. Miller, seconded by Mrs. Humphrey,
approved the sale of approximately 57 +/ - acres
land located at the intersection of Ironbridge
Courthouse Road to Ironbridge Land Company.
the Board
of public
Road and
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
16.F. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A MAP
OF AMPTHILL GARDENS, SECTION 2
Mr. Harmon stated this date and time has been advertised for
a public hearing for the Board to consider an ordinance to
vacate a portion of A Map of Ampthill Gardens, Section 2.
Mr. Miller called for public comment.
No one came forward to speak to the ordinance.
On motion of Mr. King, seconded by Mr. Miller, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to EARL D. HARTMAN,
("GRANTEE"), a portion of A Map of Ampthill
Gardens, Section 2, DALE Magisterial District,
Chesterfield County, Virginia, as shown on a plat
thereof duly recorded in the Clerk's Office of the
Circui t Court of Chesterf ield County in Plat Book
7, at Page 92.
WHEREAS, EARL D. HARTMAN, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate a
portion of A Map of Ampthill Gardens, Section 2, DALE
Magisterial District, Chesterfield County, Virginia more
particularly shown on a plat of record in the Clerk's Office
of the Circuit Court of said County in Plat Book 7, Page 92,
by CLOD FELDER AND SCHISLER, ENGR'S, dated OCTOBER 14, 1938,
and recorded MAY 1, 1939. The portion of subdivision
petitioned to be vacated is more fully described as follows:
A portion of A Map of Ampthill Gardens, Section 2,
the location of which is more fully shown on a plat
made by CLOD FELDER AND SCHISLER, ENGR'S, dated
OCTOBER 14, 1938, a copy of which is attached
hereto and made a part of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and
WHEREAS, no public necessity exists for the continuance
of the portion of subdivision sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
07-541
OS/23/07
That pursuant to Section 15.2-2272 of
virginia, 1950, as amended, the aforesaid
subdivision be and is hereby vacated.
the Code
portion
of
of
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk I s Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virg~nia, 1950, as
amended.
--
The effect of this Ordinance pursuant to section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple t.itle of the portion of subdivision hereby vacated
in the property owner free and clear of any rights of public
use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and EARL D.
HARTMAN, or his successors in title, as GRANTEE.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
16.G. TO CONSIDER DETERMINATION OF BLIGHT AT 21509 PANNIL
STREET
-"
Mr. Stith st:ated this date and time has been advertised for a
public hearing for the Board to consider declaring the
vacant, dilapidated dwelling at 21509 pannil Street blighted
and authorize county staff to proceed with the demolition to
abate the blight. He further stated staff has worked with
property owner, but he has failed to meet the county's
requirements during the deferral period since the previous
public hearing. He stated staff is requesting that the Board
determine that the structure is blighted.
Mr. Miller called for public comment.
Mr. R. L. Dunn stated community associations and residents
were recognized today for the efforts in the Ettrick Village
Clean Up Day. He expressed concerns that allowing the
blighted property to remain sends a negative message to the
residents of Ettrick. He requested that the Board declare
the property blighted and authorize the removal.
Mr. Staree Jordan, property owner at 21509 pannil Street,
stated he received a survey of the property on March 29ili and
filed a variance application with the Board of Zoning Appeals
on April 2::1d. He further stated the application will be
considered by the Board of Zoning Appeals on June 6th.
-'
Mr. Miller stated it is his recollection that Mr. Jordan was
asked to file his application in a timely manner to have a
decision by the Board of Zoning Appeals prior to this public
hearing.
Mr. Stith stated the property owner was required to file a
variance request with the Board of Zoning Appeals for the lot
07-542
OS/23/07
size, as well as the side yard setback, and as far as staff
knows, the side yard setback has still not been applied for
as part of the variance request. He further stated the
property owner is still not in compliance with what the
Building Official had requested.
Mr. Jordan stated the application he filed on April 2, 2007
requested a 200-square foot lot size variance.
There being no one else to speak to the issue, the public
hearing was closed.
Mrs. Humphrey stated she was very clear at the last public
hearing regarding the criteria that Mr. Jordan had to meet
prior to this public hearing. She further stated she cannot
ask Board members to grant him any additional time.
Mrs. Humphrey inquired whether Mr. Jordan should continue
with the variance request, or if he can be refunded his
application fee since there would be no variance to ask for
if the property is determined blighted.
Mr. Micas stated he is not aware whether there are any
provisions for application fee refunds.
Mr. Turner stated, even if the property is declared blighted
and the structure removed, the lot that it sits upon is not
of sufficient size to meet the zoning requirements;
therefore, the variance would be necessary to build a new
structure on the property. He further stated Mr. Jordan
could proceed with the variance request and remain as the
property owner, or he could sell the property.
Mrs. Humphrey informed Mr. Jordan that he should continue
with the Board of Zoning Appeals process to get the lot in a
buildable format.
Mrs. Humphrey then made a motion, seconded by Mr. Sowder, for
the Board to declare the vacant, dilapidated dwelling at
21509 pannil Street blighted and authorize county staff to
proceed with the demolition to abate the blight.
In response to Mr. Miller's question, Mr. Micas stated,
unless Mr. Jordan removes the structure himself before the
county does, then the cost of demolition becomes a lien on
the property.
Mr. Miller called for a vote on the motion of Mrs. Humphrey,
seconded by Mr. Sowder, for the Board to declare the vacant,
dilapidated dwelling at 21509 pannil Street blighted and
authorize county staff to proceed with the demolition to
abate the blight.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
J......"
16.H. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF WATER AND TEMPORARY CONSTRUCTION
EASEMENTS FOR THE SOUTHWEST CORRIDOR WATERLINE PROJECT
- PART B
Mr. Harmon stated this date and time has been advertised for
the Board to consider the exercise of eminent domain for the
acquisition of water and temporary construction easements for
the Southwest Corridor Waterline Project - Part B. He noted
07-543
OS/23/07
that the agenda item has been revised to eliminate two
property owners who have executed easement agreements.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board
authorized the County Attorney to proceed with eminent domain
for the acquisition of water and temporary construction
easements for the Southwest Corridor Waterline Project - Part
B, and authorized staff to enter and take such easements
prior to eminent domain proceedings across the following
properties: C. Joseph Dye and April N. Dye, 12721 Riverway
Road, PIN: 728643898900000, 12701 Riverway Road, PIN:
728644750100000; and Bruce E. Richter and Deborah T. Richter,
12211 Riverway Road, PIN: 726647331300000 and 12201 Riverway
Road, PIN: 726647272600000. (It is noted copies of the
plats are filed with the papers of this Board.)
--
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
16.I. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF WATER AND TEMPORARY CONSTRUCTION
EASEMENTS FOR THE SOUTHWEST CORRIDOR WATERLINE PROJECT
- PART A
Mr. Harmon stated staff is requesting that the public hearing
be canceled because all of the property owners have executed
easement agreements, and it is not necessary to proceed with
eminent domain.
----
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
canceled the public hearing to consider the exercise of
eminent domain for the acquisition of water and temporary
construction easements for the Southwest Corridor Waterline -
Part A.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mrs. Humphrey stated it is her understanding that the Board
will be considering the last of the eminent domain
proceedings for the Southwest Corridor Waterline proj ect at
the June 27t:h meeting. She requested that staff summarize its
efforts concerning this extraordinary project in the agenda
item for the public hearing.
16.J. TO CONSIDER ADOPTION OF AN ORDINANCE CREATING THE
POWHITE PARKWAY EXTENSION WEST SERVICE DISTRICT FOR
ROAD CONSTRUCTION IMPROVEMENTS TO SERVE MAGNOLIA GREEN
-'
Mr. Micas stated the Board is being requested to defer the
public hearing to consider adoption of an ordinance creating
the powhite Parkway Extension West Service District for road
construction improvements to serve Magnolia Green until June
27, 2007, so that staff can readvertise the public hearing
and continue negotiations with property owners in the
Magnolia Green area relative to the creation of a Community
07-544
OS/23/07
Development Authority to fund transportation improvements on
Otterdale and Woolridge Roads.
Mr. Miller called for public comment.
No one came forward to speak to the deferral.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
deferred the public hearing to consider adoption of an
ordinance creating the powhite Parkway Extension West Service
District for road construction improvements to serve Magnolia
Green until June 27, 2007.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
17. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining requests for manufactured home
permits or rezoning at this time.
18. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. C. L. Morrissette, Jr. addressed the Board relative to a
court decision regarding the placement of signs notifying
residents of rezoning requests and notification of adjacent
landowners. He stated only adjacent landowners can appeal a
zoning decision to the Circuit Court. He expressed concerns
relative to the Planning Commission's procedure requiring
developers to meet with residents who are not adjacent
landowners to receive input regarding proposed developments.
He suggested that this procedure be changed to require
developers to only meet with adjacent landowners.
19 . ADJOURNMENT
On motion of Mr. King, seconded by Mr. Sowder, the Board
adjourned at 10:21 p.m. until June 27, 2007 at 3:00 p.m.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Lane B. Ramsey
County Administrator
Kelly E. Miller
Chairman
07-545
OS/23/07
-'
---.,,','
--
BOARD OF SUPERVISORS
MINUTES
June 12, 2007
Supervisors in Attendance:
Staff in Attendance:
Mr. Kelly E. Miller, Chairman
Mrs. Renny B. Humphrey, Vice Chrm.
Mr. R. M. ~Dickie" King, Jr.
Mr. Donald D. Sowder
Mr. Arthur S. Warren
Ms. Lisa Elko, CMC
Clerk
Mr. Jeffrey Mincks,
Deputy County Attorney
Mr. Lane B. Ramsey
County Administrator
Mr. Miller called the special meeting to order at 3:12 p.m.
(It is noted all five Board members signed a "Notice of the
Meeting" waiving any further Notice.)
1. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A) (1), CODE
OF VIRGINIA, 1950, AS AMENDED, TO REVIEW RESUMES FROM
APPLICANTS FOR APPOINTMENT TO THE POSITION OF COUNTY
ADMINISTRATOR
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
went into Closed Session pursuant to Section 2.2-3711(A) (1),
Code of Virginia, 1950, as amended, to review resumes from
applicants for appointment to the position of County
Administrator.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
On mot ion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into Closed Session in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act
effective July 1, 1989 provides for certification that such
Closed Session was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member's
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of
Information Act were discussed in the Closed Session to which
this certification applies, and
ii) only such public business matters as were identified
in the Motion by which the Closed Session was convened were
heard, discussed, or considered by the Board. No member
dissents from this certification.
07-546
06/12/07
The Board being polled, the vote was as follows:
Mr. Sowder:
Mr. King:
Mr. Warren:
Mrs. Humphrey:
Mr. Miller:
Aye.
Aye.
Aye.
Aye.
Aye.
-
2 . ADJOURNMENT
On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board
adjourned at 4:43 p.m. to an undisclosed location for the
purpose of interviewing candidates for the position of chief
administrative officer during the next 15 days.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
~~..
fdh. ~m~
County Administra or
..-'
07-547
06/12/07