07-25-2007 Minutes
BOARD OF SUPERVISORS
MINUTES
July 25, 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
Staff in Attendance:
Mr. George Braunstein,
Exec. Dir., Community
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. Jonathan Davis, Dir.,
Real Estate Assessments
Mr. Will Davis, Dir.,
Economic Development
Ms. Rebecca Dickson, Dep.
County Administrator for
Human Services
Colonel Thierry Dupuis,
Police Department
Mr. Robert Eanes, Asst. to
the County Administrator
Ms. Lisa Elko, CMC,
Clerk
Ms. Karla Gerner, Dir.,
Human Resource Mgmt.
Mr. Michael Golden, Dir.,
Parks and Recreation
M[r. John W. Harmon,
Right-of-Way Manager
Mlr. Joe Horbal,
Commissioner of Revenue
Mr. H. Edward James,
Dir., Purchasing
Ms. Mary Lou Lyle, Dir.,
Accounting
Chief Paul Mauger,
Fire Department
~[r. R. John McCracken,
Dir., Transportation
Mr. Steven L. Micas,
County Attorney
Mr. Glen Peterson, Dir.,
Community Diversion
Incentive Program
Mr. Francis Pitaro, Dir.,
General Services
Mr. Douglas Pritchard,
Environmental Engineering
Sheriff Dennis Proffitt,
Sheriff's Department
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
3:13 p.m.
Mr. Miller stated, as Chairman, he would like to add an item
to the agenda at this time to appoint a County Administrator
to replace Mr. Ramsey, who is retiring on August 13th. He
provided details of the Board's arduous process to select a
new County Administrator. He stated, after reviewing the
potential candidates, the Board determined in the final
analysis that the necessary expertise is right here in the
county. He further stated all of the candidates brought
different strengths to the table, and the Board believes they
have decided upon the person within the county structure that
is better able to lead Chesterfield County to the future that
the county and its citizens should rightfully expect.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment of a County Administrator.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
.......""
Mr. Miller stated he is pleased to make a motion for the
Board to nominate/appoint Mr. James J. L. Stegmaier, who is a
man of exceptional ability and talents; has the necessary
experience, training and education; and is of impeccable
character, as County Administrator, effective August 14,
2007, at a starting salary of $198,600, and to authorize the
Chairman to execute the employment contract in accordance
with its terms in the amount set forth.
All of the other Board members seconded Mr. Miller's motion.
Mr. Miller called for a vote on his motion, seconded by all
of the other Board members, for the Board to nominate/appoint
Mr. James J. L. Stegmaier as County Administrator, effective
August 14, 2007, at a starting salary of $198,600.
And, further, the Board authorized the Chairman to execute
the employment contract in accordance with its terms in the
amount set forth.
--
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Following the appointment, Mr. Stegmaier made the following
remarks:
"Thank
Ramsey.
you, Mr. Chairman,
Thank you for the
members
enormous
of the Board, and Mr.
trust that you've placed
in me today and the support and leadership that you've
provided to the county staff over the years. These are very
exciting times and also very challenging times for our
community, and it is truly humbling to be asked to serve in
this way. Today, I pledge to you, the citizens of
Chesterfield, and to our very dedicated and exemplary
colleagues, that together we will fulfill your vision to make
Chesterfield County an even better community. The men and
women who respond to emergencies, serve the needs of the less
fortunate, build and care for the public infrastructure, and
manage all of the natural and financial resources of the
public trust, are the best in the business and second to
none, and it is a special credit to Mr. Ramsey and the Board
that you've put together the strong leadership of individuals
who are well prepared to take on whatever challenge you have
for them. I want to thank my wife and my children, and
Margot and my daughter Emily are here behind me today. They
also are the best in the business. And, certainly, last but
not least, I want to thank the ma.n who has left such big
shoes to fill. Somebody had to follow Lane Ramsey; nobody
can replace him. All of us who know him and have worked with
him understand what I mean when I say, he has enriched our
lives, and he has given us an unmatched example of the good
things that happen when you combine commitment to business
with the deepest sense of humility. Chesterfield County will
always be a better place to live and work because of Lane
Ramsey. Mr. Chairman, members of the Board, thank you again
for this very high honor."
Mr. King thanked Mr. Ramsey for preparing a wonderful slate
of deputy county administrators, who could serve as county
administrator in most any county in the nation.
Mr. Ramsey commended the Board on its hard work during the
selection process. He stated he had nothing to do with the
selection, but supported the Board throughout the process.
He further stated it is especially rewarding to have
conducted a national search and selected a candidate from the
Chesterfield team. He commended members of the team,
including Mr. Stith, Ms. Dickson and Ms. Cole, indicating
that, in his opinion, they are some of the top leaders in the
country. He pledged his support to Mr. Stegmaier, indicating
that they will be working together very intensely to make the
transfer as seamless as possible. He thanked the Board for
allowing him to serve as County Administrator for 20
wonderful years.
1. APPROVAL OF MINUTES FOR JUNE 27, 2007 (REGULAR MEETING)
AND JULY 10, 2007 (SPECIAL MEETING)
On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board
approved the minutes of June 27, 2007 and July 10, 2007, as
submitted.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
2. CERTIFICATION OF CLOSED SESSION ADJOURNED TO BY BOARD OF
SUPERVISORS ON JULY 10, 2007
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution certifying the Closed
Session the Board adjourned to on July 10, 2007 pursuant to
Section 2.2-3711(A)(1), Code of Virginia, 1950, as amended,
held for the purpose of interviewing candidates for the
position of chief administrative officer during a IS-day
period:
-'
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.
The Board being polled, the vote was as follows:
..,../
Mr.
Mr.
Mr.
Mrs.
Mr.
Sowder:
King:
Warren:
Humphrey:
Miller:
Aye.
Aye.
Aye.
Aye.
Aye.
3. COUNTY ADMINISTRATOR'S COMMENTS
NATIONAL SOFTBALL ASSOCIATION'S WORLD TOURNAMENT UPDATE
Mr. Golden updated the Board on the National Softball
Association's World Series Tournament for girls ages 8 -16
that is currently being held in Chesterfield. He stated
1,500 young ladies and their families are here from allover
the country. He further stated 75 of the 100 teams are from
out of town and will be staying at hotels and eating at
restaurants in the county. He thanked numerous people and
organizations who made the event possible.
"--"
Mr. Miller stated it is exciting to have all of these young
ladies in the county, indicating that the tournament has been
a real asset to the county. He expressed appreciation to Mr.
Golden, Mr. King and Mr. Harry Marsh for the success of the
event.
3.B. VOLUNTEER SIGN REMOVAL PROGRAM
Mr. Ted Barclay, County Code Compliance Supervisor, updated
the Board on the volunteer sign removal program. He stated
nearly 40 volunteers were trained at a session on July 23,
2007. He further stated there are currently 5 or 6 citizens,
who have been trained and have removed approximately 200
signs in the last two weeks. He stated staff will keep the
Board informed as to the progress of the program.
Mr. Sowder stated he supports the program, but cautioned
staff to ensure that the volunteers understand which signs
are legal and which are not. He noted that he has had one
complaint from a businessperson, who alleged that he is
leaving the county because of the county's sign ordinance and
sign removal program.
Mr. Barclay stated staff spent a great deal of time telling
the volunteers what types of signs they should remove and
which ones they should allow staff to address.
Mr. Warren stated he has already seen the success of the
program along Midlothian Turnpike, indicating that he is
delighted that the program was implemented and wished staff
continued success.
Mr. King expressed appreciation to ~!r. Dick Page, the citizen
who spearheaded the volunteer sign removal program.
NACO CONFERENCE UPDATE
Ms. Linda Worthington from the Richmond Metropolitan
Convention and Visitors Bureau updated the Board on the NACo
Conference held in Richmond on July 13th through 17th. She
stated Convention Center officials received several positive
remarks from both NACo officials and from many of the 3,500
conference attendees. She further stated the volunteers did
a phenomenal job in making the conference a success.
3.A. CIVIC AND PROGRESSIVE ACTION ASSOCIATION PRESENTATION
Reverend Harold Braxton, representing the
Progressive Action Association of the Matoaca
District (CAPAAMMD) presented resolutions to
Humphrey and Mr. Ramsey, in recognition of their
service to the county.
Civic and
Magisterial
both Mrs.
outstanding
4 . BOARD MEMBER REPORTS
There were no Board member reports a.t this time.
5. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, OR
CHANGES IN THE ORDER OF PRESENTATION
On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board
added Item 9. B. 24., Authorize the County Administrator to
Execute a Construction Contract for Spring Run Elementary
School Athletic Complex Phase I Construction of Sports
Facilities; added Item 9.B.25., Set Date for Public Hearing
to Consider the Upper Swift
Companion Ordinance Amendments;
amended.
Creek Plan Amendment and
and adopted the Agenda, as
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
6. RESOLUTIONS
6.A. RECOGNIZING MS. SUSAN BLOCHER, PLANNING DEPARTMENT,
UPON HER RETIREMENT
--
Mr. Turner introduced Ms. Susan Blocher, who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Ms. Susan R. Blocher is a pioneer in the
development of an effective planning program for Chesterfield
County; and
WHEREAS, Ms. Blocher started working for Chesterfield
County on July 1, 1977 as an Animal Control Officer when the
county had a population of 118,000 residents; and
WHEREAS, Ms. Blocher transferred to the
Department on May 26, 1987 and began working as
Inspector and Sign Ordinance Manager; and
Planning
a Zoning
WHEREAS,
16,1992 and
division; and
Ms. Blocher was promoted to Planner on April
began working with the commercial review
...-
WHEREAS, Ms. Blocher worked seven years in commercial
review delivering superior customer service; and
WHEREAS, Ms. Blocher implemented numerous total quality
improvements to development review processes, automation and
customer service; and
WHEREAS, Ms. Blocher received the Exceptional Employee
of the Year award in 1997 for her excellent customer service
and outstanding dedication to her work; and
WHEREAS, Ms. Blocher was promoted to Senior Planner and
began working in Residential Subdivision Review in 1999; and
WHEREAS, Ms. Blocher participated in the preparation and
implementation of Chesterfield County's subdivision ordinance
guiding quality development; and
WHEREAS, Ms. Blocher always applied an ethical and fair-
minded approach to development issues; and ~
WHEREAS, Ms. Blocher retires when the county has a
population of 306,000 residents.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, the 25th day of July 2007,
publicly recognizes Ms. Susan R. Blocher, and extends on
behalf of its members and the citizens of Chesterfield
r,...., , Tl t- ,r
~'1""\'Y"'\""".Clr.rt;':='l+-;"'t""'Io
+=~~ l...~~
congratulations upon her retirement, and best wishes for a
long and happy retirement.
AND, BE
resolution be
resolution be
Supervisors of
IT FURTHER RESOLVED that a
presented to Ms. Blocher
recorded among the papers of
Chesterfield County, Virginia.
copy of this
and that this
this Board of
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Miller presented the executed resolution to Ms. Blocher,
accompanied by her husband, expressed appreciation for her
dedicated service, and congratulated her on her retirement.
Ms. Blocher expressed appreciation to her "extended family"
in the Planning Department for their support over the years.
6.B. RECOGNIZING BLUEPRINT AUTOMATION, INCORPORATED AS THE
2007 FIRST CHOICE BUSINESS OF THE YEAR
Mr. Will Davis introduced Martin a.nd Juliette Prakken, who
were present to receive the resoluti.on on behalf of Blueprint
Automation { Incorporated.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Board of Supervisors
and Chesterfield County Economic Development established a
Business Awards Program to recognize existing businesses
within the county that contribute to the county's economy and
its citizens; and
WHEREAS, BluePrint Automation, Incorporated is located
at 16037 Innovation Drive in Colonial Heights and employs
approximately 80 employees; and
WHEREAS, founded in 1987, BluePrint Automation is a
worldwide leader in the design and manufacturing of end of
line automatic case packaging equipment; and
WHEREAS, in 2004, BluePrint announced the shipment of
its 1000th machine out of their Chesterfield County facility;
and
WHEREAS, BluePrint continues to grow and invest in
Chesterfield County and is current~ly working on a 30,000-
square foot expansion, which will include a $1.5 million
investment in new manufacturing equipment and an increase in
their employee base; and
WHEREAS, BluePrint's community service activities
include support of the American Cancer Society, Boy Scout
Troop 912, Meals on Wheels, Children's Hospital, Special
Olympics and the "Angel pilot" program.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of July 2007,
publicly expresses its gratitude on behalf of the county to
BluePrint Automation, Incorporated for its many contributions
by recognizing it as the 2007 First Choice Business of the
Year.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to BluePrint Automation, Incorporated
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. King presented the executed resolution to Mr. and Mrs.
prakken and congratulated BluePrint Automation on its
selection as the 2007 First Choice Business of the Year.
Mr. prakken
recognition
award.
expressed
and stated
appreciation to
he is honored
the Board for
and humbled by
the
the
6.C. RECOGNIZING VILLAGE BANK AS THE 2007 FIRST CHOICE
COMMUNITY SERVICE AWARD WINNER
Mr. Davis introduced Mr. Tom Winfree, Mr. Harril Whitehurst,
Mr. Dennis Falk, Mr. Buddy Sanders, who were present to
receive the resolution on behalf of Village Bank.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Board of Supervisors
and Chesterfield County Economic Development established a
Business Awards Program to recognize existing businesses
within the county that contribute to the county's economy and
its citizens; and
,,-'
WHEREAS, Village Bank is located at 1231 Alverser Drive
in Midlothian and employs approximately 127 employees; and
WHEREAS, Village Bank provides financial services to
Chesterfield County businesses and residents; and
WHEREAS, Village Bank's annual revenues and capital
expenditures in the county have been increasing, and it will
be one of the first businesses to locate a headquarters in
the Watkins Center development; and
WHEREAS, Village Bank truly lives it "community" bank
philosophy through its support of causes in Chesterfield
County and the region, with its annual golf outing raising
over $35,000 last year for the Make-A-wish Foundation; and
WHEREAS, Village Bank is a founding member of ~The
Families of the Wounded Fund," which provides financial
support to family members of military service men and women
who have been severely wounded in combat, primarily in Iraq
and Afghanistan.
~
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 25th day of July 2007,
hereby expresses its gratitude on behalf of the county to
Village Bank for its many contributions by recognizing it as
the 2007 First Choice Community Service Award Winner.
AND, BE IT FURTHER RESOLVED, that a copy of
resolution be presented to Village Bank and that
resolution be permanently recorded among the papers of
Board of Supervisors of Chesterfield County, Virginia.
this
this
this
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Sowder presented the executed resolution to Mr. Winfree,
accompanied by Mr. Whitehurst, Mr. Falk and Mr. Sanders,
expressed appreciation for village Bank's contributions to
the community, and congratulated them on the business'
selection as the 2007 First Choice Community Service Award
Winner.
Mr. Winfree expressed appreciation to the Board for the
recognition and stated the employees of Village Bank are
proud to provide service to the comrrlunity. He stated he will
miss Mr. Ramsey and offered his support to Mr. Stegmaier.
6.D. RECOGNIZING GETLOADED.COM LLC AS THE 2007 FIRST CHOICE
BUSINESS INNOVATION AWARD WINNER
Mr. Davis introduced Mr. Bryan Jones, Ms.
Ms. Denika Gilbert, who were present
resolution on behalf of GetLoaded.com.
Margie Cain,
to receive
and
the
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Board of Supervisors
and Chesterfield County Economic Development established a
Business Awards Program to recognize existing businesses
within the county that contribute to the county's economy and
its citizens; and
WHEREAS, GetLoaded.com LLC is located at One Park West
Circle in Midlothian and employs approximately 60 employees;
and
WHEREAS, GetLoaded.com is the nation's leading Internet
load board and has been providing freight matching services
for the transportation industry since 1999; and
WHEREAS, the company posts as many as 160,000 truck
loads in a day and matches up brokers and shippers with motor
carriers all across the U.S. and Canada through its
innovative website; and
WHEREAS, GetLoaded.com continues to grow and invest in
Chesterfield County and surpassed the one million dollar mark
in revenues and experienced a 27% increase in growth in 2006;
and
WHEREAS, GetLoaded. com also has a diverse
with an onsite bi-lingual call center that
Hispanic trucking community; and
work force
serves the
WHEREAS, GetLoaded.com has taken an active role in
various community service activities, which include support
of Special Olympics, Central Virginia Food Shelter, Angel
Tree and Make-A-Wish Foundation, to name a few; and
WHEREAS, after Hurricane Katrina, GetLoaded.com used its
vast resources in the transportation industry to coordinate
and support relief efforts to the gulf region.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of July 2007,
hereby expresses its gratitude on behalf of the county to
GetLoaded. com LLC for its many contributions by recognizing
it as the 2007 First Choice Business Innovation Award Winner.
-,.
AND, BE IT FURTHER RESOLVED that a copy of
resolution be presented to GetLoaded. com LLC and that
resolution be permanently recorded among the papers of
Board of Supervisors of Chesterfield County, Virginia.
this
this
this
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Sowder presented the executed resolution to Mr. Jones,
accompanied by Ms. Cain and Ms. Gilbert, and congratulated
GetLoaded.com on its selection as the 2007 First Choice
Business Innovation Award Winner.
Mr. Jones expressed appreciation to the Board for the
recognition and stated this is an honor for the 67 employees
of GetLoaded.com, who are the reason for the business'
success.
-..
7. WORK SESSION
o PROPOSED AMENDMENT TO PARTS OF THE POWHITE/ROUTE 288
DEVELOPMENT AREA PLAN, NORTHERN AREA PLAN, MIDLOTHIAN AREA
COMMUNITY PLAN, AND THE ROUTE 360 CORRIDOR PLAN RELATING
TO THE NORTHERN COURTHOUSE ROAD COMMUNITY PLAN
Principal Planner Steven Haasch provided details of the
Northern Courthouse Road Community Plan recommended for
approval by the Planning Commission on May 15, 2007. He
stated the Plan amends four existing plans, the oldest of
which is from 1985, and encompasses approximately 8.5 miles
or two percent of the entire county. He reviewed the study
area geography; existing land uses and zoning along the
Courthouse Road Corridor; and existing public facilities
within the Plan geography. He then reviewed the major goals
of the draft Plan. He provided details of the proposed land
use plan, including residential classifications and
office/residential mixed-use classifications, with a series
of notes.
In response to Mr. Miller's question, Mr. Haasch stated Note ~.
2 would allow the conversion of existing houses along
Courthouse Road to office use. He further stated the
office/residential mixed-use classification is meant to
preclude commercial, but to allow office use. He stated
other notes limit the amount of land that could convert to
office use to approximately 15 percent of the total
Office/residential mixed-use area.
Mr. Miller expressed concerns that only 100 acres of the
approximate 600 acres would be available for office use,
according to the Planning Commission's recommendation.
In response to Mr. Miller's question, Mr. Haasch stated staff
originally recommended office/residential mixed-use
classification without the note limiting the amount of land
that could be converted to the classification. He then
reviewed additional notes in the Plan, as well as commercial
designations in the Plan. He provided details of the
Planning Commission's recommendation for the Reams/Courthouse
Road intersection and the public/conservation designations
within the Plan.
Discussion evolved relative to the Planning Commission and
staff's recommendations for the Moody tract.
Mr. Micas stated the County Attorney has determined that
state law requires that a land use plan amendment must be
acted upon within 90 days of the Planning Commission making a
recommendation, indicating that the Board must act on both
the Northern Courthouse Road Community Plan and the Upper
Swift Creek Plan within that time period.
Discussion ensued relative to the Board's options concerning
the Plan, including referring it back to the Planning
Commission with some direction; acting on the Plan following
tonight's public hearing; holding a special meeting prior to
August 15th to act on the Plan; or adopting portions of the
Plan and sending portions back to the Planning Commission.
Mr. Sowder stated, in his opinion, the Board has insufficient
information to act on the Plan. He further stated an
overriding issue in the entire plan is the safety data, which
is incomplete. He expressed concerns that the intersection
of Midlothian Turnpike and Courthouse Road is not part of the
Plan. He stated, in his opinion, it would be irresponsible
to consider the impacts of any decision regarding the Plan,
from a safety standpoint, without considering the potential
impact on this very difficult intersection. He suggested
that a complete safety study be conducted by VDOT to include
other options. He expressed concerns relative to the
Planning Commission's recommendation to remove the loop road
from the Moody tract based on the easement, indicating that
there may be other options for the loop road.
Mr. Warren stated he concurs with Mr. Sowder's traffic and
safety concerns. He further stated, according to VDOT, there
have been 172 accidents, 3 fatalities and 117 injuries in the
past three years in a 2.5-mile study area of Courthouse Road.
He stated VDOT has indicated that this is the second most
dangerous area in the state. He further stated, in his
opinion, safety improvements should be explored when the Plan
is adopted.
Discussion ensued relative to referring the Plan back to the
Planning Commission and to the message conveyed by VDOT that
the 2.5-mile study area of Courthouse Road is the second most
dangerous in the state.
Mr. Ramsey stated the information provided by VDOT needs to
be clarified, noting that Transportation staff does not view
Courthouse Road as unsafe.
Mr. Miller expressed concerns that staff's recommendation for
the Plan was not provided to the Board. He stated the Board
should be provided both staff and the Planning Commission's
recommendations to intelligently evaluate the Plan.
Mrs. Humphrey stated she would support a deferral of the Plan
to provide the Board additional time to study data. She
agreed with Mr. Miller that she would like to see staff's
recommendation. She stated she would like to see more
commercial use on Courthouse Road, indicating that many of --
the residents along Courthouse Road have no uses for their
property and no quality of life as a result of the road
widening. She inquired whether the type of language used for
the Reams/Courthouse Road intersection can be found anywhere
else in the county's Comprehensive Plan. She also inquired
whether an access road parallel to Courthouse Road should be
considered.
Mr. Miller stated Mr. Sowder and Mr. Warren, who have the
most interest in the Plan, could determine between now and
tonight's public hearing whether they want to refer the Plan
back to the Planning Commission and set a reasonable deadline
for the Commission to further study the Plan.
Mr. Micas stated, once the Planning Commission makes a
recommendation, the Board will still have only 90 days to act
on the Plan. He suggested that the Board consider sending
direction to the Planning Commission regarding the issues
they should deal with, such as the Moody tract, the
transportation network and the allocation of commercial uses.
"--"
8. DEFERRED ITEMS
a.A. WORK SESSION REGARDING ROAD IMPACT FEES
Deputy County Attorney Jeffrey Mincks stated legislation
adopted by the 2007 General Assembly provided the county with
impact fee authority. He then provided information regarding
a model for road impact fees in Chesterfield County. He
reviewed cumulative promised/collected cash proffers and
noted that the Board has also looked at other approaches to
dealing with road improvements. He reviewed typical road
construction costs from 1992 and 2006 and stated there will
always be a gap in transportation costs. He stated, under
the legislation, approximately 9,000 lots would be eligible
for impact fees. He noted there are approximately 26,000
unbuilt cash proffer lots currently.
In response to Mr. Miller's question, Mr. Mincks stated lots
that are already subdivided are not available for impact
fees. He provided details of the calculations used to
determine a model for road impact fees in the county and
stated staff has estimated the road impact fee at $5,800 per
residential unit.
~
Discussion ensued relative to credits that must be taken on
impact fee lots.
Mr. Mincks stated the legislation has limitations that do not
allow the county to cover road costs in the way that cash
proffers would. He further stated the leaislation iR .:3
variation of the old Northern Virginia impact fee authority,
which never really worked. He provided details of revenue
estimates for both cash proffers and road impact fees over
the next eight years. He stated the Board is being asked to
refer the Impact Fee Road Improve~ment Plan, Comprehensive
Plan Amendment and Impact Fee Ordinance to the Planning
Commission to make recommendations to the Board in 60 days,
and noted that the Board is required by state law to appoint
an Impact Fee Ordinance Advisory Committee.
In response to Mr. Sowder's question, Mr. Mincks stated road
impact fees are collectible at the time of building permit
approval.
Mr. Miller thanked Mr. Mincks for the presentation.
S.B. APPOINTMENTS TO IMPACT FEE ORDINANCE ADVISORY COMMITTEE
On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board
suspended its rules at this time t:o allow for simultaneous
nomination/appointment of members to serve on the Impact Fee
Ordinance Advisory Committee.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board
created an Impact Fee Ordinance Advisory Committee and
simultaneously nominated/appointed the following individuals
to serve as members of the committee, whose terms are
effective immediately and will be at the pleasure of the
Board: Mr. Jim Reid, representing the Bermuda District; Ms.
Vicki Stitzer, representing the Matoaca District; Mr. Ryland
Reamy, representing the Clover Hill District; Mr. Edward
DeGennaro, representing the Dale District; Mr. Gary Powers,
representing the Midlothian District; and Ms. Andrea Epps,
Mr. George Emerson, Mr. Buddy Sowers and Mr. Vernon McClure,
development representatives.
And, further, the Board charged the committee with making a
recommendation to the Board on an impact fee ordinance no
later than September 19, 2007.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
s.c. REFER IMPACT FEE ROAD IMPROVEMENT PLAN, COMPREHENSIVE
PLAN AMENDMENT AND IMPACT FEE ORDINANCE TO PLANNING
COMMISSION FOR RECOMMENDATION IN SIXTY DAYS
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
referred the Impact Fee Road Improvement Plan, Comprehensive
Plan Amendment and Impact Fee Ordinance to the Planning
Commission to make recommendations to the Board in 60 days.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
9. NEW BUSINESS
9.A. APPOINTMENTS
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment of members to serve on the Community
Criminal Justice Board, the John Tyler Community College
Local Board, and the Youth Services Citizen Board.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
--
9.A.1. COMMUNITY CRIMINAL JUSTICE BOARD
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
simultaneously nominated/appointed/reappointed the following
individuals to serve on the Community Criminal Justice Board,
whose terms are effective July 1, 2007 and expire June 30,
2009 : The Honorable Edward A Robbins, Jr., The Honorable
Philip V. Daffron, The Honorable William B. Bray 1 Sheriff
Dennis Proffitt, Mr. Gregory D. Carr, Ms. Rebecca T. Dickson,
Mr. David Mangano, Ms. Elvira B. Shaw, and Mr. Raeford W.
Walker.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
9.A.2. JOHN TYLER COMMUNITY COLLEGE LOCAL BOARD
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
simultaneously nominated/appointed/reappointed Mr. Art Heinz
and Mr. Thomas Fulghum, representing the county at-large, to
serve as members of the John Tyler Community College Local
Board, whose terms are effective July I, 2007 and expire June
30, 2011. (It is noted Mr. Heinz will fill the vacancy left
by Mr. John Grohusky, who concluded eight years of service
and is not eligible for reappointment.)
--
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
9.A.3. YOUTH SERVICES CITIZEN BOARD
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
simultaneously nominated/appointed/reappointed the following
youth members to service on the Youth Services Citizen Board,
whose terms are effective immediately and expire June 30,
2008:
Name
Ms. Rachel Miller
Ms. Chenell York
Ms. Kathleen Kraines
Ms. Amanda Hopkins
Ms. Adriana Brown
Mr. Matthew Lee Pulley
Mr. Thomas C. Robinson
Ms. Loren Murphy
Ms. Leslev Brooks
District
Clover Hill
Clover Hill
Clover Hill
Clover Hill
Matoaca
Matoaca
Matoaca
Dale
Dale
,-'
Mr. Matthew Harris
Ms. Quiana Darden
Ms. Emily Collins
Ms. Gwenyth Gaba
Ms. Jess Mara Jordan
Ms. Rachel Rodini
Dale
Dale
Midlothian
Midlothian
Midlothian
Midlothian
-
And further, the Board simultaneously nominated/appointed the
following adult members to serve on the Youth Services
Citizen Board whose terms are effective immediately:
Name
District
Term
Expiration
Ms. Sharon Cason-Card
Ms. Carolyn Treibley
Midlothian
Midlothian
June 30, 2010
June 30, 2009
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
9.B. CONSENT ITEMS
On motion of Mrs. Humphrey, secondE!d by Mr. King, the Board
removed the following item from the Consent Agenda for public
comment: Item 9.B.4., Award of Contract for Phase I and Phase
III Options of the Carver Heights Sanitary Landfill Site
Improvements.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
9.B.l. ADOPTION OF RESOLUTIONS
9.B.l.a. RECOGNIZING LIEUTENANT ROBERT D. HARRIS,
CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVICES
DEPARTMENT, UPON HIS RETIR.EMENT
On motion of Mr. Sowder, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Lieutenant Robert D. Harris retired from the
Fire and Emergency Medical Department, Chesterfield County on
July, 1, 2007; and
WHEREAS, Lieutenant Harris attended Recruit School #15
in 1984 and has faithfully served the county for twenty-eight
years in various departments, including the Environmental
Engineering Department from 1979 until 1984 and the Fire and
Emergency Medical Services Department from 1984 until 2007;
and
WHEREAS, Lieutenant Harris served as a firefighter at
the Manchester Fire and EMS Station; as a lieutenant at the
Ettrick and Wagstaff Fire and EMS Stations; and as a
lieutenant at Engine 24, the first and only fully integrated
fire and volunteer rescue squad combination station in the
county, housed at Manchester Volunteer Rescue Squad; and
WHEREAS, Lieutenant Harris was recognized
Emergency Medical Services Lifesave award in 1986
with an
for his
role in saving the life of a citizen suffering from cardiac
arrest; and
WHEREAS, Lieutenant Harris was recognized with a Unit
Citation in 1987 for his role in saving the life of a citizen
who was seriously injured and trapped in his vehicle, with
the vehicle on fire, following a motor vehicle collision; and
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Lieutenant Robert D. Harris, expresses the appreciation of _
all residents for his service to the county, and extends
appreciation for his dedicated service and congratulations
upon his retirement.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
9.B.l.b. RECOGNIZING AUGUST 7, 2007, AS "NATIONAL NIGHT OUT"
IN CHESTERFIELD COUNTY
On motion of Mr. Sowder, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, each year in August, communities across the
nation band together to demonstrate their unity in the fight
against crime; and
WHEREAS, this show of solidarity by law-abiding citizens
has been named "National Night Out"; and
WHEREAS, the National Night Out event taking place on
August 7, 2007 will be the 24th annual event of this type;
and
"--"
WHEREAS, last year's National Night Out campaign
involved citizens, law enforcement agencies , civic groups,
businesses, neighborhood organizations and local officials
from 10,000 communities in 50 states, U.S. territories,
Canadian cities and military bases worldwide; and
WHEREAS, National Night Out is designed to heighten
crime and drug prevention awareness; and
WHEREAS, this event also generates support for, and
participation in, local anti-crime programs; and
WHEREAS, National Night Out
spiri t and the relationships
communities; and
strengthens neighborhood
between police and the
WHEREAS, these events send a message to criminals that
the communities are organized and fighting back against
crime; and
-'
WHEREAS, Chesterfield County has as one of its strategic
goals: "To be the safest and most secure community compared
to similar jurisdictions"; and
WHEREAS, National Night Out lS an important component in
the effort to achieve that goal.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby I:ecognizes August 7, 2007,
as "National Night Out" in Cheste:rfield County, Virginia;
thanks police, neighborhood watch grroups and all others who
have joined to prevent crime; and urges all residents and
businesses in Chesterfield County to turn on their porch
lights and other exterior lights and to gather with friends
and neighbors on August 7, 2007 to demonstrate their unity in
the fight against crime.
~
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
9.B.1.c. RECOGNIZING MS. SARA LAUREN MEYERHOEFFER UPON
ATTAINING THE GOLD AWARD
On motion of Mr. Sowder, 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 i.nterest 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
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 .
sponsored by Grace
high standards and
America Gold Award
Virginia; and
Sara Lauren Meyerhoeffer, Troop 569,
Lutheran Church, has accomplished these
has been honored with the Girl Scouts of
by the Commonwealth Girl Scout Council of
WHEREAS, growing through hE!r experiences in Girl
Scouting, learning the lessons of responsible citizenship,
and priding herself on the great accomplishments of her
country f Sara 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. Sara Lauren
Meyerhoeffer, extends congratulations on her attainment of
the Gold Award and acknowledges l:he 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.
9.B.1.d. RECOGNIZING MASTER OFFICER BRUCE E.RICHTER, POLICE
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Sowder, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Master Officer Bruce E. Richter retired from
the Chesterfield County Police Department on July 1, 2007
after providing over 20 years of quality service to the
citizens of Chesterfield County; and
-
WHEREAS, Master Officer Richter has faithfully served
the county in the capacity of Patrol Officer, Senior Officer,
and Master Officer; and
WHEREAS, during his tenure, Master Officer Richter
served as Field Training Officer, Breathalyzer Operator,
General Instructor, and Investigator; and
WHEREAS,
demonstrating
duty; and
Master Officer Richter distinguished himself by
teamwork, professionalism and dedication to
WHEREAS, Master Officer Richter was commended by his
superiors within the Chesterfield County Police Department
for his outstanding performance of duty, which led to the
clearance of numerous cases, recovery of stolen property, and
apprehension of criminals; and
WHEREAS, Master Officer Richter received letters of
appreciation from numerous Chesterfield County citizens
throughout his career for his dedication and devotion to
duty; and
-"
WHEREAS, Master Officer Richter
Chesterfield County Police Department
loyal and dedicated service; and
has
with
provided
many years
the
of
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Master Officer Richter's diligent
service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Master Officer Bruce
E. Richter, 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.
9.B.l.e. APPROVING ISSUANCE BY THE CHESTERFIELD ECONOMIC
DEVELOPMENT AUTHORITY OF UP TO $54,000,000 OF ITS
POLLUTION CONTROL REVENUE BONDS
--
On motion of Mr. Sowder, seconded by Mr. King, the Board
adopted the following resolution:
RESOLUTION OF ECONOMIC DEVELOPMENT AUTHORITY
OF THE COUNTY OF CHESTERFIELD AUTHORIZING
REVENUE BONDS FOR THE BENEFIT OF
VIRGINIA ELECTRIC AND POWER COMPANY
-
WHEREAS, the Economic Development Authority of the
County of Chesterfield, a political subdivision of the
Commonwealth of Virginia (the "Authority"), is empowered by
the Industrial Development and Revenue Bond Act, Chapter 49,
Title 15.2, Code of Virginia of 1950, as amended (the "Act")
to issue its revenue bonds for the purpose of financing and
refinancing industrial and commercial facilities in Virginia
and to promote the commerce, safety, health, welfare,
convenience or prosperity of citizens of Virginia;
WHEREAS, Virginia Electric and Power Company (the
"Company") has requested the Authority to issue its revenue
bonds in the principal amount not to exceed $54,000,000, from
time to time and in one or more issues or series
(collectively, the "Bonds") (1) in an amount not to exceed
$40,000,000 (the "Refunding Bonds") to refund the Economic
Development Authority of the County of Chesterfield Money
Market Municipals Pollution Control Revenue Bonds (Virginia
Electric and Power Company proj ect) Series 1984 (the "Prior
Bonds"), currently outstanding in the aggregate principal
amount of $40,000,000 and (2) in an amount not to exceed
$14,000,000 (the "New Project Bondsll) to finance or refinance
new facilities at the Chesterfield Power Station for the
control, treatment and disposal of solid waste materials
resulting from operations at the Chesterfield Power Station,
including but not limited to ash collection, handling,
treatment and disposal facilities (collectively, the "New
project") .
WHEREAS, the proceeds of the Prior Bonds were loaned to
the Company and a portion of such proceeds were used to
finance or refinance, in whole or in part, the acquisition,
construction and equipping of certai.n air and water pollution
control facilities and/or sewage or solid waste disposal
facili ties and related facili ti,es and equipment (the
"Facilities") at the Chesterfield Power Station of the
Company located in Chester, Chesterfield County, Virginia,
the Chesapeake Energy Center of the Company located in City
of Chesapeake I Virginia, the Bremo Power Station of the
Company located in Fluvanna County, Virginia and Yorktown
Power Station of the Company located in York County,
Virginia; and
WHEREAS, Section 147(f) of the Internal Revenue Code of
1986, as amended (the "Code") provides that prior to the
issuance and sale of tax-exempt bonds, the elected
legislative body of the county or municipality in which the
facilities refinanced with the proceeds of the bonds are
located shall approve the bonds and the ref inancing of the
facilities following a public hearing; and
WHEREAS, the Company has requested in an application to
the Authority dated May 31, 2007, a copy of which is attached
hereto as Exhibit A, that the Authority conduct a public
hearing, on behalf of the Board of Supervisors of
Chesterfield County (the "County Board") to approve the
refinancing of the Facilities and the issuance of the
Refunding Bonds and the financing and refinancing of the New
Project and the issuance of the New project Bonds; and
WHEREAS, the Bonds will be limited obligations of the
Authority and will not be an obligation or liability of the
Authority, the County of Chesterfield (the "County"), the
Commonwealth of Virginia or any other political subdivision
or public body of the Commonwealth; and
WHEREAS, notice of the intention of the Authority to
hold a public hearing, on behalf of the County Board, with
respect to the issuance of the Bonds was published in
accordance with the provisions of Section 147(f} of the Code
and Section 15.2-4906 of the Act; and
-
WHEREAS, the Authority afforded an opportunity to all
persons desiring to be heard on the question of the proposed
issuance of the Bonds by the Authority; and
WHEREAS, the Authority
requesting to be heard on
issuance of the Bonds; and
has
the
heard from
question of
all
the
persons
proposed
WHEREAS, the Authority now desires to approve the
issuance of the Bonds and the execution and delivery of the
necessary financing documents to effectuate such issuance and
to express its official intent to issue the Bonds and to
execute and deliver certain applications with respect to the
issuance of such New Project Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE AUTHORITY, as
follows:
Section 1. It is hereby found and determined that the
refunding of the Prior Bonds and the financing and/or
refinancing of the New Project will be in the public interest
and will promote the commerce, safety, health, welfare,
convenience or prosperity of the Commonweal th of Virginia,
the County of Chesterfield, Virginia and their citizens.
""-"
NEITHER THE BONDS NOR THE INTEREST ON THEM SHALL EVER
CONSTITUTE AN INDEBTEDNESS OR A CHARGE AGAINST THE FAITH AND
CREDIT OR TAXING POWERS OF THE COMMONWEALTH OF VIRGINIA OR
ANY OF ITS POLITICAL SUBDIVISIONS, INCLUDING THE AUTHORITY
AND THE COUNTY, WITHIN THE MEANING OF ANY CONSTITUTIONAL OR
CHARTER PROVISION OR STATUTORY LIMITATION AND NEITHER SHALL
EVER CONSTITUTE OR GIVE RISE TO ANY PECUNIARY LIABILITY OF THE
COMMONWEALTH OF VIRGINIA OR ANY OF ITS POLITICAL
SUBDIVISIONS, INCLUDING THE AUTHORITY AND THE COUNTY. THE
BONDS SHALL NOT CONSTITUTE AN INDEBTEDNESS TO WHICH THE FAITH
AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY OF ITS
POLITICAL SUBDIVISIONS, INCLUDING THE AUTHORITY AND THE
COUNTY, IS PLEDGED. THE BONDS AND THE INTEREST ON THEM SHALL
BE LIMITED OBLIGATIONS OF THE AUTHORITY, AND THE PRINCIPAL OR
PURCHASE PRICE OF, PREMIUM IF ANY, AND INTEREST ON THE BONDS
SHALL BE PAYABLE SOLELY FROM MONEYS RECEIVED IN CONNECTION
WITH THE REFUNDING OF THE PRIOR BONDS AND THE FINANCING AND/OR
REFINANCING OF THE NEW PROJECT AND FROM ANY OTHER MONEYS MADE
AVAILABLE FOR SUCH PURPOSE.
-'
Section 2. The Authority hereby approves the refunding
of the Prior Bonds and the financing and/or refinancing of
the New Project by the issuance and sale by the Authority of
the Refunding Bonds in an aggregate principal amount not to
exceed $40,000,000 and the issuance and sale by the Authority
of the New project Bonds in an aggregate principal amount not
to exceed $14,000,000, the proceeds of which may be used to
make a loan to the Company for the purpose of, among others,
refinancing the costs of the Facilities by refunding the
Prior Bonds and financing and/or refinancing the costs of the
New proj ect. The Bonds may be issued at one time or from
time to time, in one or more issues or series.
Section 3. The Bonds shall be issued pursuant to a Trust
Indenture or Trust Indentures (the "Indenture") to be entered
into by and between the Authority a.nd a trustee or trustees
selected by the Company (the "Trustee"), as security for the
Bonds for the purpose of assigning or pledging revenues
received in connection with the financing and refinancing of
the Facilities and the New Project. Except for certain rights
of the Authority to indemnification and to payments with
respect to its administrative expenses, the entire revenues
derived from payments on the loan of the proceeds of a series
or issue of Bonds shall be set apart and applied to the
payment of the principal or purchase price of, premium if any,
and interest on such Bonds.
Section 4. The Authority shall. lend the proceeds of the
Bonds to the Company for the purpose of refunding the Prior
Bonds and financing and/or refinancing the New Project
pursuant to the terms and provisions of a Loan Agreement or
Loan Agreements (the "Agreement" ) to be entered into by and
between the Authority and the Company. Pursuant to the terms
and provisions of the applicable Agreement, the Authority is
to lend the proceeds of the Bonds to the Company, by causing
such proceeds to be deposited with the Trustee, which will
apply such proceeds in accordance with the provisions of the
corresponding Indenture and the AgreE~ment.
Section 5. Each series or issue of Bonds shall be sold
at private (negotiated) sale to an underwriter or underwriters
selected by the Company (the "Underwriter"), pursuant to and
at the price contained in a Bond Purchase Agreement (the "Bond
Purchase Agreement" ) to be entered into by and among the
Authority, the Company and the Underwriter.
Section 6. The Company is hereby authorized to prepare
an Official Statement and a Preliminary Official Statement
for each series or issue of Bonds, or such other offering
memorandum or memoranda relating to the issuance of Bonds,
and the same are hereby authorized to be distributed to
various prospective and actual purchasers of the Bonds,
provided that the Authority has no responsibility for any
material included in such document~s except as it directly
describes the Authority.
Section 7. The Bonds issued pursuant to this Resolution
shall:
(a) be issued in the aggregate principal amount not
to exceed $54,000,000 from time to time and in one or
more issues or series;
(b) be issuable only in full registered form
without coupons;
(c) be issuable in the denomination of $5,000 or
such other denomination approved by the Chairman of the
Authority;
(d) mature in the amounts and on the dates as set
forth on the cover of any Official Statement or other
offering document corresponding to a particular series or
issue of Bonds;
(e) be payable in such amounts, at such times, and
at such place or places as provided in the form of Bond;
(f) be subject to redemption prior to maturity and
be subject to purchase at such price or prices and under
such terms and conditions as are set forth in the
applicable Indenture; and
-
(g) bear interest at the fixed rate or rates to be
set forth in any applicable Official Statement or other
offering document, which shall be no greater than nine
percent (9%), or, in the alternative, bear interest at
the variable rate or rates established pursuant to the
method for determining the same as set forth in any
applicable Indenture or offering document.
Section 8. The Indenture, the Agreement and the Bond
Purchase Agreement (collectively, the "Bond Documents") shall
be in such forms as the Authority and the Company may deem to
be required or appropriate in order to accomplish the purpose
of the transactions authorized by this Resolution; and the
terms, provisions, form, content, and substance of each of
such documents in the forms so attached are hereby adopted and
approved. Such other documents as the Authority deems
necessary to accomplish the purposes of this Resolution shall
be in such form, and shall contain such provisions as the
Chairman of the Authority, or his agents or designees shall
approve. The execution by the Chairman of the Authority, of
the Bonds, the Bond Documents, and such other documents shall
be conclusive evidence of approval of the final terms, -#.
provisions, form, content, and substance of the Bonds, the
Bond Documents, and all such other documents executed and
delivered in connection therewith, which shall thereupon
become binding upon the Authority.
Section 9. The Chairman, the Vice Chairman, the
Secretary and such other officers and officials of the
Authority as may be appropriate are hereby authorized to
execute and deliver, for and on behalf of the Authority, the
Bonds, and the Bond Documents and to execute any and all
additional certificates and documents or other papers and to
do any and all things necessary or appropriate in order to
effect the issuance and sale of each issue or series of Bonds
and to consummate the transactions contemplated by this
Resolution; provided that no such actions and no such
documents shall require the Authority to incur any pecuniary
liability. Any action authorized herein to be taken by the
Chairman or the Secretary may, upon the unavailability of the
Chairman or Secretary, as the case may be, be taken by the
Vice-Chairman (if the Chairman is unavailable) and by an
Assistant Secretary (if the Secretary is unavailable) .
--
Section 10. (a) The Chairman, by his manual or
facsimile signature, is hereby authorized and directed to
execute each issue or series of Bonds in the name and on
behalf of the Authority and to deli ver the Bonds to the
purchaser thereof, and the Chairman shall direct that the
corporate seal of the Authority be impressed on the Bonds and
attested by the manual or facsimile signature of the
Secretary of the Authority;
(b) The Chairman is hereby authorized to execute,
by his manual or facsimile signature, to deliver, in the
name and on behalf of the Authority, and to cause the
corporate seal of the Authority, attested by the manual
or facsimile signature of the Secretary of the Authority,
to be impressed upon the Bond Documents; and
(c) If any officer or employee of the Authority who
shall have signed or sealed the Bonds or any of the Bond
Documents shall cease to be such officer or employee
before the delivery of the Bonds or any of the Bond
Documents, the signature or countersignature shall
nevertheless be valid and sufficient for all purposes, as
if the officer or employee had remained in the office or
position until delivery of the Bonds or the Bond
Documents.
Section 11.
recommends that the
of the Facilities
Authority.
The Authority hereby requests and
County Board each approve the refinancing
and the issuance of the Bonds by the
Section 12. The Bonds shall be authorized, issued, sold
and delivered without direct or indirect cost to the
Authority or the County, and to that end, the Company shall
pay all necessary expenses related to the issuance and sale
of the Bonds, including without limitation, any and all
costs, fees and expenses (including, without limitation,
attorneys' fees) incurred by or on behalf of the Authority
and the County in connection with this Resolution or the
publication of the notices of any public hearings held in
connection herewith, whether or not the proposed financing is
consummated.
section 13. At the request of
Authority approves McGuireWoods LLP as
connection with the issuance of the Bonds.
the Company, the
Bond Counsel in
Section 14. In adopting this resolution the Authority
intends to take "official action" toward the issuance of the
Bonds and to evidence its "official intent" to reimburse from
the proceeds of the Bonds any expenditures paid by the
Company to finance the New Project and the planning therefor
before the issuance of the Bonds, all within the meaning of
regulations issued by the Internal Revenue Service pursuant
to Sections 103 and 141 through 150 and related sections of
the Code.
Section 15. No New Money Bonds may be issued pursuant
to this resolution until such time as the issuance of the New
Money Bonds has been approved by the Board of Supervisors of
the County of Chesterfield, Virginia and the New Money Bonds
have received an allocation of the State Ceiling (as defined
in Section 15.2-5000 of the Code of Virginia of 1950, as
amended) in accordance with the applicable provisions of the
Code of Virginia of 1950, as amended, and any regulations or
executive orders issued thereunder.
Section
immediately.
16.
This
Resolution
shall
take
effect
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
9 . B . 2 . AWARD OF ANNUAL REQUIREMENTS CONTRACTS TO PERFORM
ENVIRONMENTAL SERVICES FOR CHESTERFIELD COUNTY
On motion of Mr. Sowder, seconded by Mr. King, the Board
authorized the County Administrator to execute three
requirements contracts with Timmons Group, EEE Consulting and
Schnabel Engineering, for environmental services as needed
for county projects.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
-'
9.B.3. AMENDMENT TO BOARD MINUTES OF MAY 23, 2007
On motion of Mr. Sowder, seconded by Mr. King, the Board
amended the minutes of May 23, 2007 to add the proffered
conditions that were inadvertently omitted from Zoning Case
07SN0205 as follows:
FROM:
"Mr. Sowder then made a motion,
for the Board to approve Case
proffered conditions.
seconded by Mrs. Humphrey,
07SN0205 and accept the
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."
TO:
"Mr. Sowder then made a motion,
for the Board to approve Case
proffered conditions.
seconded by Mrs. Humphrey,
07SN0205 and accept the
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.
--
Mr. Miller called for a vote on the motion of Mr. Sowder,
seconded by Mrs. Humphrey, for the Board to approve Case
07SN0205 and accept 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. Permitted Uses. The following shall be the only uses
permitted on the Property:
a. bank, credit union or savings and loan association,
with or without drive-in windows and ATM machines;
and
b. offices. (P)
2 . Timbering. wi th the exception of timbering to remove
dead, diseased or dying trees which has been approved by
the Virginia State Department of Forestry, there shall
be no timbering until a land disturbance permit has been
obtained from the Environmenta.l Engineering Department
and the approved devices installed. (EE)
3. Route 60 Landscaping. In a.ddition to the required
Perimeter Landscaping C, one (1) additional large
deciduous tree shall be provided every twenty-five (25)
feet along the Route 60 frontage. (P)
4. Transportation.
a. Prior to the issuance of a certificate of
occupancy, the developer shall:
i. construct additional pavement along Otterdale
woods Road to provid'2 a southbound right turn
lane at the Buckinham Service Road
intersection; and
ii. dedicate any additional right-of -way required
for these improvements.
b. Prior to any site plan approval, fifty (50) feet of
right-of -way measured from the centerline of
Otterdale Woods Road immediately adj acent to the
Property shall be dedicated, free and unrestricted,
to and for the benefit of Chesterfield County.
c. There shall be no direct vehicular access from the
Property to Midlothian Turnpike (Route 60) and/or
Otterdale Woods Road.
Ayes: Humphrey, King, Sowder and Warren.
Nays: None.
Abstain: Miller."
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
.....""
9.B.5. APPROPRIATION OF FUNDS FROM THE FLEET MANAGEMENT
DIVISION'S RETAINED EARNINGS FOR FACILITY UPGRADES TO
THE WALMSLEY SCHOOL BUS SHOP
On motion of Mr. Sowder, seconded by Mr. King, the Board
appropriated $103,200 from the Fleet Management Division's
retained earnings for facility improvements at the Walmsley
School Bus Shop.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
~
9.B.6. APPROVAL OF A SPECIAL PROJECT SERVICE AGREEMENT FOR
TEXTILE COLLECTION AND RECYCLING PROGRAM THROUGH THE
CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY
On motion of Mr. Sowder, seconded by Mr. King, the Board
authorized the County Administrator to sign a Special Project
Service Agreement for the Central Virginia Waste Management
Authority's Textile Collection and Recycling Program. (It is
noted a copy of the agreement is filed with the papers of
thi s Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
9.B.7. CONSIDERATION OF WAIVER OF COUNTY REPURCHASE RIGHT
FOR 7501 WHITEPINE ROAD
On motion of Mr. Sowder, seconded by Mr. King,
authorized the County Administrator to execute a
the right to repurchase property located at 7501
Road contained in the restrictive covenants
Chesterfield Airport Industrial Park.
the Board
waiver of
Whitepine
of the
-'
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
9.B.a. APPROVAL OF FY200a CHESTERFIELD COMMUNITY SERVICES
BOARD PERFORMANCE CONTRACT
On motion of Mr. Sowder, seconded by Mr. King, the Board
approved the FY2008 Performance Contract between the
Chesterfield Community Services Board and the Virginia
Department of Mental Health, Mental Retardation, and
Substance Abuse Services.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
9.B.9. REFER TO PLANNING COMMISSION PROPOSED AMENDMENTS TO
COUNTY CODE SECTIONS 19-65 AND 19-124 RELATING TO THE
OPERATION OF MOTORCYCLES, ATVS AND GO-CARTS ON
AGRICULTURAL AND RESIDENTIAL PROPERTY
--
On motion of Mr. Sowder, seconded by Mr. King, the Board
referred the proposed amendments to County Code Sections 19-
65 and 19-124 relating to the operation of motorcycles, ATVs
and go-carts on Agricultural and Residential property to the
Planning Commission.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
9.B.10. APPROPRIATION OF FUNDS IN FY2008 FROM THE VIRGINIA
MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE
ABUSE SERVICES DEPARTMENT AND VARIOUS OTHER ONE-TIME
SOURCES FOR THE CHESTERFIELD COMMUNITY SERVICES
BOARD FOR EMERGENCY, SUBSTANCE ABUSE, AND CONSULTANT
SERVICES
On motion of Mr. Sowder, seconded by Mr. King, the Board
appropriated $419,125 in revenue and expenditures for the
Chesterfield Community Services Board, county department of
Mental Health Support Services for emergency, substance
abuse, and consultant services, and created five new full-
time positions.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
9.B.1l. AUTHORIZATION FOR NTELOS TO APPLY FOR CONDITIONAL
USE OR CONDITIONAL USE PLANNED DEVELOPMENT FOR A
FLAGPOLE TOWER AND COMMUNICATIONS ANTENNAE AND
EQUIPMENT TO BE INSTALLED ON COUNTY PROPERTY AT
WOODLAKE CENTRAL PARK WITH ACCESS ACROSS CLOVER HILL
ELEMENTARY SCHOOL
On motion of Mr. Sowder, seconded by Mr. King, the Board
authorized Ntelos to apply for conditional use or conditional
use planned development for a flagpole tower and
communications antennae and equipment to be installed on
county property at Woodlake Central Park with access across
Clover Hill Elementary School. (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.
9.B.12. APPROVAL OF REVISED WATER CONTRACT FOR ERINTON AT
THE HIGHLANDS
On motion of Mr. Sowder, seconded by Mr. King, the Board
approved the following revised water contract for Erinton At
The Highlands, Contract Number 04-0460, which includes 3,865
L.F. + of 16-inch oversized water lines:
Developer:
Touchstone Development LLC
Contractor:
Castle Equipment Corporation
Contract Amount:
Estimated County Cost for Additional Work
Estimated County Cost for Oversizing.
Estimated Developer Cost.
Estimated Total . . . . . . . . . . .
. $52,685.50
. $52,525.00
.$285,829.10
.$391,039.60
Code:
(Refunds thru Connections - Oversizing) 5B-572VO-E4C
(Cash Refund - Additional Work) 5B-572WO-E4C
District: Dale
(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.
-
9.B.13. APPROVAL OF UTILITY CONTRACT FOR MOUNT BLANCO ON THE
JAMES
On motion of Mr. Sowder, seconded by Mr. King, the Board
approved the following utility contract for Mount Blanco On
The James, Contract Number 05-0314, which includes an 3,047
L.F. + of offsite wastewater lines:
Developer:
White Mountain Development
Contractor:
Bookman Construction Company
Contract Amount:
Estimated County Cost for Offsite (Water) $16,850.00
Estimated County Cost for Oversizing (Water) $43,112.00
Estimated County Cost for Oversizing
(Wastewater) . . .. ......... $18,172.00
Estimated County Cost for Office (Wastewater) $96,269.00
Estimated Developer Cost. $882,693.00
Estimated Total. . . . . . . . . . . . . .$1,057,096.00
-"
Code:
(Refunds thru Connections - Oversizing
Water)
(Refunds thru Connections - Oversizing
Wastewater)
(Refunds thru Connections - Offsite Water)
(Refunds thru Connections - Offsite
Wastewater)
5B-572VO-E4C
5N-572VO-E4C
5N-572VO-E4D
5N-572VO-E4D
District:
Bermuda
(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.
9.B.14. APPROVAL OF A WETLANDS MITIGATION AGREEMENT WITH
BYRD CREEK, LLC FOR THE REPLACEMENT CLOVER HILL HIGH
SCHOOL
--
On motion of Mr. Sowder, seconded by Mr. King, the Board
authorized the County Administrator to execute a Wetlands
Mitigation Agreement with Byrd Creek, LLC for the Replacement
Clover Hill High School.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
9.B.1S. CONVEYANCE OF EASEMENTS
9.B.15.a. TO VIRGINIA ELECTRIC AND POWER COMPANY FOR
UNDERGROUND CABLE TO PROVIDE SERVICE TO THE NEW
CHESDIN WEST WATER PUMP STATION
On motion of Mr. Sowder, 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 Chesdin West Water Pump Station.
(It is noted a copy of the plat is filed with the papers of
thi s Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
9.B.15.b. TO VERIZON VIRGINIA INCORPORATED TO INSTALL
UNDERGROUND CABLE ACROSS COUNTY PROPERTY TO SERVE
THE NEW TOMAHAWK CREEK MIDDLE SCHOOL
On motion of Mr. Sowder, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Verizon Virginia Incorporated to install underground cable
across county property to serve 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.
9.B.16. REQUESTS FOR PERMISSION
9.B.16.a. FROM JIMMY R. COLEMAN AND GALINA A. COLEMAN FOR A
FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT
AND A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT
30, TANNER VILLAGE, SECTION A AT CHARTER COLONY
On motion of Mr. Sowder, seconded by Mr. King, the Board
approved a request from Jimmy R. Coleman and Galina A.
Coleman for permission for a fence to encroach within an 8-
foot easement and a 16-foot drainage easement across Lot 30,
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.
-
9.B.16.b. FROM OTIS R. JONES, SR. AND BRENDA C. JONES FOR A
PROPOSED PRIVACY FENCE TO ENCROACH WITHIN A
SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 7,
KING'S GROVE, SECTION 3 AND A RESUBDIVISION OF
LOTS 41 THROUGH 44, SECTION G, JESSUP FARMS
On motion of Mr. Sowder, seconded by Mr. King, the Board
approved a request from Otis R. Jones I Sr. and Brenda C.
Jones for permission for a proposed privacy fence to encroach
arn=--
within a 16-foot drainage easement across Lot 7, King's
Grove, Section 3 and a resubdivision of Lots 41 through 44,
Section G, Jessup Farms, 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.
9.B.16.c. FROM ELLIS M. SMITH AND FAYE B. SMITH FOR
LANDSCAPING TO ENCROACH WITHIN AN EIGHT-FOOT
EASEMENT ACROSS LOT 32, MADISON VILLAGE,
SECTION A AT CHARTER COLONY
--
On motion of Mr. Sowder, seconded by Mr. King, the Board
approved a request from Ellis M. Smith and Faye B. Smith for
permission for landscaping to encroach within an 8-foot
easement across Lot 32, 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.
9.B.16.d. FROM JANET STEINRUCK FOR A PROPOSED PRIVACY FENCE
TO ENCROACH WITHIN A SIXTEEN-FOOT EASEMENT AND A
SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 21,
BLOCK A, FREDERICK FARMS
On motion of Mr. Sowder, seconded by Mr. King, the Board
approved a request from Janet Steinruck for permission for a
proposed privacy fence to encroach within a 16-foot easement
and a 16-foot drainage easement across Lot 21, Block A,
Frederick Farms, subject to the execution of a license
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.
9.B.16.e. FROM SAVOY CORPORATION TO INSTALL A PRIVATE
DRAINAGE PUMP IN A SIXTEEN-FOOT DRAINAGE EASEMENT
ACROSS LOT 21, OTTERDALE, SECTION E
On motion of Mr. Sowder, seconded by Mr. King, the Board
approved a request from Savoy Corporation for permission to
install a private drainage pump in a 16-foot drainage
easement across Lot 21, Otterdale, Section E, 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.
"--
9.B.17. REQUEST TO VACATE AND REDEDICATE A SIXTEEN-FOOT
SEWER EASEMENT ACROSS THE PROPERTIES OF KINSTON
IOTC, LLC, ACV RAD CHESTER, LLC, MDS CHESTER, LLC,
AND TTM CHESTER, LLC
On motion
authorized
of Mr. Sowder, seconded by Mr.
the Chairman of the Board of
King, the Board
Supervisors and
County Administrator to execute an agreement to vacate and
rededicate a 16-foot sewer easement across the properties of
Kinston IOTC, LLC, ACV RAD Chester, LLC, and TTM Chester I
LLC. (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.
-
9.B.1S. ACCEPTANCE OF PARCELS OF LAND
9.B.18.a. FOR THE EXTENSION OF WEST WINTERFIELD ROAD,
MICHAUX SPRINGS DRIVE, MICHAUX PARK LANE AND
MICHAUX VILLAGE DRIVE FROM MICHAUX ASSOCIATES, LLC
On motion of Mr. Sowder I seconded by Mr. King, the Board
accepted the conveyance of four parcels of land containing a
total of 2.260 acres, for the extension of West Winterfield
Road, Michaux Springs Drive, Michaux Park Lane and Michaux
Village Drive, from Michaux Associates, 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.
9.B.1S.b. FOR RIVER HAVEN AVENUE AND RIVER HAVEN BOULEVARD
FROM RIVERMONT DEVELOPMENT COMPANY, LLC
On motion of Mr. Sowder, seconded by Mr. King, the Board
accepted the conveyance of five parcels of land containing a
total of 4.52 acres, for River Haven Avenue and River Haven
Boulevard, from Rivermont 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.
9.B.19. APPROVAL OF A STREAM MITIGATION AGREEMENT WITH
VIRGINIA HABITATS II, LLC FOR THE REPLACEMENT CLOVER
HILL HIGH SCHOOL
Mrs. Humphrey suggested that staff t~ake a look at the process
for contracting mitigation agreements, indicating that it is
Chesterfield's watersheds that need to be protected.
On motion of Mr. Sowder, seconded by Mr. King, the Board
authorized the County Administrator to execute a Stream
Mitigation Agreement with Virginia Habitats II, LLC for the
Replacement Clover Hill High School.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
9.B.20. ACCEPTANCE OF A GRANT AWARDED BY THE VIRGINIA
DEPARTMENT OF CRIMINAL JUSTICE SERVICES FOR THE 2006
LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM
On motion of Mr. Sowder, seconded by Mr. King, the Board
authorized the Police Department to accept and appropriate an
award from the Virginia Department of Criminal Justice
Services, Law Enforcement Terrorism Prevention Program Grant
in the amount of $275,000, and authorized the County
Administrator to execute all documents.
......"
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
9.B.21. REQUEST FOR A PERMIT FOR WOODLAKE COMMUNITY
ASSOCIATION TO STAGE A FIREWORKS DISPLAY AT THE
WOODLAKE PAVILION/AMPHITHEATER ON SEPTEMBER 1, 2007
WITH A RAIN DATE OF SEPTEMBER 3, 2007
On motion of Mr. Sowder, seconded by Mr. King, the Board
approved a permit for Woodlake Community Association to stage
a fireworks display at the Woodlake Pavilion/Amphitheater on
September 1, 2007, with a rain date of September 3, 2007.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
9.B.22. TRANSFER DISTRICT IMPROVEMENT FUNDS
9.B.22.a. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE
PARKS AND RECREATION DEPARTMENT TO DEFRAY THE
COSTS OF CHESTERFEST
'-
On motion of Mr. Sowder, seconded by Mr. King, the Board
transferred $2,000 from the Bermuda District Improvement Fund
to the Parks and Recreation Department to rent space and
equipment for ChesterFest.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
9.B.22.b. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE
CHESTERFIELD COUNTY SCHOOL BOARD TO PURCHASE AND
INSTALL GOAL POSTS ON THE FOOTBALL FIELD AT THOMAS
DALE HIGH SCHOOL
On motion of Mr. Sowder, seconded by Mr. King, the Board
transferred $7,140 from the Bermuda District Improvement Fund
to the Chesterfield County School Board to purchase and
install goal posts on the football field at Thomas Dale High
School.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
---",.
9.B.23. AWARD OF CONTRACT TO PREPARE APPLICATION TO REISSUE
THE COUNTY'S VIRGINIA STORMWATER MANAGEMENT PROGRAM
- MUNICIPAL SEPARATE STORM SEWER SYSTEM (VSMP-MS4)
PERMIT
On motion of Mr. Sowder, seconded by Mr. King, the Board
awarded a contract to CH2M Hill to prepare and submit a
complete Virqinia Stormwater Manaaement Proaram - Munir.in.::Jl
Separate Storm Sewer System (VSMP-I"IS4) permit reapplication
to DCR.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
-
9.B.24. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A
CONSTRUCTION CONTRACT FOR SPRING RUN ELEMENTARY
SCHOOL ATHLETIC COMPLEX PHASE I CONSTRUCTION OF
SPORTS FACILITIES
On motion of Mr. Sowder, seconded by Mr. King, the Board
authorized the County Administrator to execute a construction
contract with Enviroscape, Incorporated, in the amount of
$237,000, for work at Spring Run Elementary School to
construct a new multipurpose athletic field.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
9.B.25. SET DATE FOR PUBLIC HEARING TO CONSIDER THE UPPER
SWIFT CREEK PLAN AMENDMENT AND COMPANION ORDINANCE
AMENDMENTS
On motion of Mr. Sowder, seconded by Mr. King, the Board set
the date of August 22, 2007 for a public hearing for the
Board to consider adoption of the Upper Swift Creek Plan
amendment, and to consider adoption of associated ordinance
amendments relative to: (1) increasing buffers along arterial
roads for residentially zoned properties wi thin the Plan
amendment geography; (2) requiring water and wastewater
connections for most types of development within the Plan
amendment geography that does not lie within the recommended
deferred growth area; (3) prohibiting extension of water and
wastewater service into the recommended deferred growth area;
and (4) implementing new phosphorous standards for new
development within the Upper Swift Creek watershed.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
The following item was removed from the Consent Agenda for
public comment:
9. B. 4 . AWARD OF CONTRACT FOR PHASE I AND PHASE III OPTIONS
OF THE CARVER HEIGHTS SANITARY LANDFILL SITE
IMPROVEMENTS
Mr. George Beadles stated the county has learned a lot about
landfills and is now spending great amounts of money, and
rightfully so, to close landfills" He further stated he
supports taking care of closed landfills, indicating that it
is good to know the county is complying with landfill
requirements.
No one else came forward to speak to the issue.
On motion of Mr. King, seconded by Mr. Miller, the Board
authorized the County Administrator to accept the Phase I and
Phase III bids from Shoo smith Brothers, Incorporated at a
07-669
cost of $407,287 and $65,250 , respectively, for site
improvements at the closed Carver Heights Sanitary Landfill
and entered into a contract with Shoosmith Brothers,
Incorporated for these specific site improvements.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
10. REPORTS
-
10.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
10.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS
AND LEASE PURCHASES
10.C. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY
SYSTEM
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
accepted the following reports: a Report on Developer Water
and Sewer Contracts; a Report on the Status of General Fund
Balance, Reserve for Future Capital Projects, District
Improvement Funds, and Lease Purchases.
And, further, the following roads were accepted into the
State Secondary System:
ADDITION
LENGTH
Hawthorne Village A
(Effective 5/24/2007)
-
Gorham Court (Route 7159) - From Gorham Lane
(Route 7157) to Cul-de-sac
0.12 Mi.
Gorham Lane (Route 7157) - From Coalfield Road
(Route 754) to Nailor Way (Route 7158)
0.06 Mi.
Gorham Lane (Route 7157) - From Gorham Court
(Route 7159) to Cul-de-sac
0.01 Mi.
Gorham Lane (Route 7157) - From Nailor Way
(Route 7158) to Gorham Court (Route 7159)
0.05 Mi.
Nailor Way (Route 7158) - From Gorham Lane
(Route 7157) to Cul-de-sac
0.07 Mi.
Kings Grove, Section 3
(Effective 5/23/2007)
Kings Grove Drive (Route 7130) - From Bareback
Terrace (Route 5864) to Regal Grove Drive
(Route 7128)
-
0.05 Mi.
Kings Grove Drive (Route 7130) - From Regal
Grove Drive (Route 7128) to temporary end of
maintenance
0.08 Mi.
Regal Grove Drive (Route 7128) - From Kings
Grove Drive (Route 7130) to Regal Grove Lane
(Route 7129)
0.06 Mi.
Regal Grove Drive (Route 7128) - From Regal
Grove Lane (Route 7129) to temporary end
of maintenance
Regal Grove Lane (Route 7129) - From Regal
Grove Drive (Route 7128) to Kings Grove Drive
(Route 7130)
Rose Glen
(Effective 5/23/2007)
Rose Glen Drive (Route 7146) - From Rose
Glen Place (Route 7147) to Rose Glen Turn
(Route 7148)
Rose Glen Drive (Route 7146) - From Rose
Glen Turn (Route 7148) to Cul-de-sac
Rose Glen Drive (Route 7146) - From Old
Hundred Road (Route 754) to Rose Glen Place
(Route 7147)
Rose Glen Place (Route 7147) - From Rose
Glen Drive (Route 7146) to Cul-de-sac
Rose Glen Turn (Route 7148) - From Rose
Glen Drive (Route 7146) to Cul-de-sac
Sedwick village
(Effective 5/24/2007)
Clemons Circle (Route 7173) - From Clemons
Way (Route 7172) to Clemons Way (Route 7172)
Clemons Drive (Route 5950) - From 0.01 mile
west of Rolling Springs Drive (Route 5946)
to Clemons Way (Route 7172)
Clemons Way (Route 7172) - From Clemons Circle
(Route 7173) to Cul-de-sac
Clemons Way (Route 7172) - From Clemons Drive
(Route 5950) to Pipers Terrace (Route 7174)
Clemons Way (Route 7172) - From Clemons Circle
(Route 7173) to Clemons Circle (Route 7173)
Clemons Way (Route 7172) - From Clemons Drive
(Route 5950) to Clemons Circle (Route 7173)
Pipers Terrace (Route 7174) - From Clemons Way
(Route 7172) to Cul-de-sac
Pipers Terrace (Route 7174) - From Clemons Way
(Route 7172) to Cul-de-sac
Rolling Springs Drive (Route 5946) - From 0.01
mile northwest of Clemons Drive (Route 5950) to
temporary end of maintenance
o . 11 Mi.
0.10 Mi.
o . 07 Mi.
o . 07 Mi.
o . 04 Mi.
o . 04 Mi.
0.02 Mi.
o . 08 Mi.
o . 13 Mi.
o . 05 Mi.
o . 11 Mi.
0.02 Mi.
0.09 Mi.
0.03 Mi.
0.05 Mi.
0.04 Mi.
Watermill 3
(Effective 5/23/2007)
Water Race Court (Route 7144) - From Water Race
Drive (Route 7061) to Cul-de-sac
Water Race Drive (Route 7061) - From 0.02 mile
east of South Windmill Ridge Drive (Route 7056)
to Water Race Court (Route 7144)
Water Race Drive (Route 7061) - From Water Race
Court (Route 7144) to Water Race Terrace (Route
7145)
Water Race Terrace (Route 7145) - From Water Race
Drive (Route 7061) to Cul-de-sac
Water Race Terrace (Route 7145) - From Water Race
Drive (Route 7061) to Cul-de-sac
Willow Creek Section 1
(Effective 5/30/2007)
Church Point Road (Route 7153) - From Willow Hill
Lane (Route 7150) to Willow Hill Lane (Route 7150)
Church Point Road (Route 7153) - From Willow Hill
Lane (Route 7150) to end of road
Lamberts Creek Lane (Route 7152) - From Willow
Hill Lane (Route 7149) to temporary end of
maintenance
Willow Hill Court (Route 7151) - From Willow
Hill Lane (Route 7150) to Cul-de-sac
Willow Hill Drive (Route 7149) - From Springford
Parkway (Route 5717) to Willow Hill Lane (Route
7150)
Willow Hill Lane (Route 7150) - From Willow Hill
Court (Route 7151) to Church Point Road (Route
7153 )
Willow Hill Lane (Route 7150) - From Church Point
Road (Route 7153) to temporary end of maintenance
Willow Hill Lane (Route 7150) - From Church Point
Road (Route 7153) to Cul-de-sac
Willow Hill Lane (Route 7150) - From Willow Hill
Drive (Route 7149) to temporary end of maintenance
Willow Hill Lane (Route 7150) - From Willow Hill
Drive (Route 7149) to Willow Hill Court (Route
7151)
The Woods At Summerford B
(Effective 5/23/2007)
Mahogany Court (Route 7162) - From Mahogany Drive
(Route 7161) to Cul-de-sac
0.04 Mi.
o . 02 Mi.
,~."
o . 10 Mi.
0.12 Mi.
0.05 Mi.
0.07 Mi.
0.05 Mi.
0.03 Mi.
-
o . 20 Mi.
0.04 Mi.
0.07 Mi.
o . 03 Mi.
0.05 Mi.
0.01 Mi.
-
0.06 Mi.
0.05 Mi.
Mahogany Drive (Route 7161) - From Mahogany Court
(Route 7162) to Mahogany Place (Route 7163)
Mahogany Drive (Route 7161) - From Mahogany Place
(Route 7163) to Cul-de-sac
Mahogany Drive (Route 7161) - From 0.05 mile
southeast of Orchard Lane (Route 5837) to
Mahogany Court (Route 7162)
Mahogany Place (Route 7163) - From Mahogany
Drive (Route 7161) to Cul-de-sac
Mahogany Place (Route 7163) - From M.ahogany
Drive (Route 7161) to Summerford Drive (Route
5255 )
The Woods at Summerford C
(Effective 5/23/2007)
Mahogany Drive (Route 7161) - From Orchard Drive
(Route 5837) to Cul-de-sac
Mahogany Drive (Route 7161) - From Orchard Drive
(Route 5837) to Cul-de-sac
Orchard Drive (Route 5837) - From Orchard Place
(Route 7160) to Mahogany Drive (Route 7161)
Orchard Drive (Route 5837) - From 0.02 mile east
of Orchard Terrace (Route 5839) to Orchard Place
(Route 7160)
Orchard Place (Route 7160) - From Orchard Drive
(Route 5837) to Cul-de-sac
Eastfair Drive and Highland Glen Drive
(Effective 6/28/2007)
Eastfair Drive (Route 5186) - From A~lerdice
Terrace (Route 5162) to Highland Glen Drive
(Route 5160)
Eastfair Drive (Route 5186) - From Highland Glen
Drive (Route 5160) to temporary end of maintenance
Highland Glen Drive (Route 5160) - From Lammermoor
Drive (Route 5535) to Eastfair Drive (Route 5186)
Edgewater 4
(Effective 6/28/2007)
-
Fountain View Drive (Route 7175) - From Sailboat
Lane (Route 7176) to temporary end of maintenance
Fountain View Drive (Route 7175) - From Woolridge
Road (Route 668) to Sailboat Lane (Route 7176)
Sailboat Circle (Route 7178) - From Sailboat Drive
(Route 7180) to Sailboat Lane (Route 7176)
Sailboat Circle (Route 7178) - From Sailboat Lane
(Route 7176) to Sailboat Place (Route 7179)
o . 10 Mi.
0.16 Mi.
o . 05 Mi.
o . 08 Mi.
o . 05 Mi.
0.10 Mi.
0.05 Mi.
o . 08 Mi.
o . 13 Mi.
o . 04 Mi.
o . 16 Mi.
o . 26 Mi.
0.21 Mi.
o . 01 Mi.
0.28 Mi.
o . 18 Mi.
0.23 Mi.
Sailboat Circle (Route 7178) - From Sailboat Place
(Route 7179) to Sailboat Drive (Route 7180)
Sailboat Court (Route 7177) - From Sailboat
Circle (Route 7178) to Cul-de-sac
Sailboat Drive (Route 7180) - From Sailboat
Circle (Route 7178) to Watermill Parkway
(Route 5583)
Sailboat Lane (Route 7176) - From Fountain
View Drive (Route 7175) to Sailboat Circle
(Route 7178)
Sailboat Place (Route 7179) - From Sailboat
Circle (Route 7178) to Cul-de-sac
Edgewater 8
(Effective 6/28/2007)
Cove View Lane (Route 7053) - From Savage View
Drive (Route 7181) to Cul-de-sac
Cove View Lane (Route 7053) - From 0.01 mile east
of Wave Lane (Route 7052) to Savage View Drive
(Route 7181)
Fountain View Drive (Route 7175) - From 0.01 mile
east of Sailboat Lane (Route 7176) to Savage
View Drive (Route 7181)
Fountain View Drive (Route 7175) - From Savage
View Drive (Route 7181) to Cul-de-sac
Savage View Court (Route 7183) - Prom Savage
View Drive (Route 7181) to Cul-de-sac
Savage View Drive (Route 7181) - From Cove
View Lane (Route 7053) to Fountain View Drive
(Route 7175)
Savage View Drive (Route 7181) - From Fountain
View Drive (Route 7175) to Savage View Place
(Route 7182)
Savage View Drive (Route 7181) - From Savage
View Place (Route 7182) to Savage View Court
(Route 7183)
Savage View Drive (Route 7181) - From Savage
View Place (Route 7183) to Cul-de-sac
Savage View Place (Route 7182) - From Savage
View Drive (Route 7181) to Cul-de-sac
Jessup Place
(Effective 6/28/2007)
Damon Drive (Route 7170) - From Damon Drive
(Route 7170) to Cul-de-sac
0.09 Mi.
0.05 Mi.
0.09 Mi.
,-'
0.03 Mi.
o . 08 Mi.
o . 07 Mi.
0.05 Mi.
0.11 Mi.
-
0.07 Mi.
0.07 Mi.
0.09 Mi.
0.05 Mi.
0.07 Mi.
0.04 Mi.
o . 04 Mi.
--
0.19 Mi.
Damon Drive (Route 7170) - From Jessup Road
(Route 643) to Lavelle Road (Route 7171)
Lavelle Road (Route 7171) - From Damon Drive
(Route 7170) to Cul-de-sac
Kingsland Glen 1 Remainder
(Effective 6/28/2007)
-
Chickamauga Drive (Route 5465) - From 0.01 mile
west of Kingsland Creek Drive (Route 5446) to
Lake Caroline Drive (Route 7021)
Kingsland Glen Section 2
(Effective 6/28/2007)
Kingsland Creek Lane (Route 5448) - From 0.08
mile east of Kingsland Creek Drive (Route 5446)
to Lake Caroline Drive (Route 7021)
Kingsland Glen Drive (Route 5445) - From Kingsland
Creek Drive (Route 5446) to Lake Caroline Drive
(Route 7021)
Lake Caroline Court (Route 7022) - From Lake
Caroline Drive (Route 7021) to Cul-de-sac
Lake Caroline Drive (Route 7021) - From Lake
Caroline Court (Route 7022) to Chick,amauga Drive
(Route 5465)
Lake Caroline Drive (Route 7021) - From
Chickamauga Drive (Route 5465) to Cul-de-sac
Lake Caroline Drive (Route 7021) - From Kingsland
Glen Drive (Route 5445) to Kingsland Creek Lane
(Route 5448)
Lake Caroline Drive (Route 7021) - From Kingsland
Creek Lane (Route 5448) to Lake Caroline Court
(Route 7022)
Meadowbrook Farms I
(Effective 6/28/2007)
Barnwood Drive (Route 5930) - From 0.02 mile south
of Wimbly Way (Route 5929) to Cul-de-sac
Ironstone Court (Route 7164) - From Ironstone
Drive (Route 5928) to Cul-de-sac
Ironstone Drive (Route 5928) - From 0.05 mi.
north of Wimbly Way (Route 5929) to Cul-de-sac
Otterdale pointe
(Effective 6/28/2007)
Hilbay Terrace (Route 7168) - From Otterdale
pointe Drive (Route 7166) to Cul-de-sac
Kyloe Lane (Route 7167) - From Otterdale pointe
Drive (Route 7166) to temporary end of maintenance
0.03 Mi.
0.22 Mi.
0.02 Mi.
o . 04 Mi.
o . 14 Mi.
0.05 Mi.
0.28 Mi.
o . 19 Mi.
o . 04 Mi.
o . 14 Mi.
o . 04 Mi.
o . 03 Mi.
0.05 Mi.
0.11 Mi.
o . 12 Mi.
Otterdale pointe Drive (Route 7166) - From Kyloe
Lane (Route 7167) to Hilbay Terrace (Route 7168)
0.07 Mi.
Otterdale pointe Drive (Route 7166) - From
Otterdale Road (Route 667) to Kyloe Lane (Route
7167)
0.12 Mi.
Otterdale Pointe Drive (Route 7166) - From
Hillbay Terrace (Route 7168) to Cul-de-sac
0.15 Mi.
Thornsett
(Effective 6/28/2007)
-
Thornsett Drive (Route 7186) - From Longmeadow
Circle (Route 5131) to Thornsett Lane (Route 7187)
0.04 Mi.
Thornsett Drive (Route 7186) - From Thornsett
Lane (Route 7187) to Cul-de-sac
0.13 Mi.
Thornsett Lane (Route 7187) - From Thornsett
Drive (Route 7186) to Cul-de-sac
o . 07 Mi.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
10.D. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD
DETERMINATION FOR SPRINT TO CO-LOCATE AN ANTENNA ON
A VIRGINIA POWER STRUCTURE LOCATED ON THE EAST LINE
OF WALTON BLUFF PARKWAY AND OFF THE NORTH LINE OF
LUCKS LANE
10.E. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD
DETERMINATION FOR CLEARWIRE US LLC TO CO-LOCATE AN
ANTENNA ON A VIRGINIA POWER STRUCTURE LOCATED ON
THE EAST LINE OF NEWBYS BRIDGE ROAD, NORTH OF
COGBILL ROAD
-'
Mrs. Humphrey expressed concerns
representatives have not attended a
introduced themselves to the Board.
that Clearwire
Board meeting and
On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board
accepted the following reports: a Report of Planning
Commission Substantial Accord Determination for Sprint to Co-
locate an Antenna on a Virginia Power Structure Located on
the East Line of Walton Bluff Parkway and off the North Line
of Lucks Lane; and a Report of Planning Commission
Substantial Accord Determination for Clearwire US LLC to Co-
locate an Antenna on a Virginia Power Structure Located on
the East Line of Newbys Bridge Road, North of Cogbill Road.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
'--
11. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Victor Mottley expressed concerns relative to the short
length of time the traffic signal stays green at the
intersection of Hull Street and Courthouse Road for those for
vehicles trying to turn left off of, and onto, Courthouse
Road, especially during rush hour traffic.
Mr. Miller stated the Board will pass Mr. Mottley's comments
on to Transportation staff and request that VDOT take a look
at that traffic signal.
Mr. Reuben Waller, a resident of the Midlothian District,
requested that the Board make a concerted effort to sort out
all of the available information prior to the public hearing
to consider the Upper Swift Creek Plan and land use
ordinances.
Mr. George Beadles stated he has noticed a lot of
improvements at Henricus Historical Park, indicating that he
would like to see the park become a tourist attraction on the
east coast. He further stated he would like to see more
money spent on county sites, including a larger maintenance
force, to make them more presentable. He stated, in his
opinion, the funding to get Henricus ready for publick Day
was well spent.
12. DINNER
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
recessed to the Administration Building, Room 502, for
dinner.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Reconvening:
13. INVOCATION
Mr. Miller gave the invocation.
14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Mr. Christopher Hulbert led the Pledge of Allegiance to the
flag of the United States of America..
15. RESOLUTIONS
15.A. RECOGNIZING MR. CHRISTOPHER PAUL HULBERT, THE 2007
RECIPIENT OF THE TOP SCHOLARSHIP PRIZE IN THE 16TH
ANNUAL RICHMOND TIMES-DISPATCH SPORTS BACKERS
SCHOLARSHIP PROGRAM
Ms. Ruth introduced Mr. Christopher Hulbert, who was present
to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Richmond Sports Backers, names best sports
commission in the country by the National Association of
Sports Commissions, is a charitable non-profit organization
07-677
07/25/07
founded in 1991 to build a more vibrant community through
sports; and
WHEREAS, the mission of the organization is to "maximize
the community benefits of sports tourism"; and
WHEREAS, in addition to growing sports tourism, the
organization manages the Times-Dispatch/Sports Backers
Scholarship program that annually provides $31,000 in college
scholarships to area student athletes; and
-
WHEREAS, while in high school, these young people must
have excelled in academics; been active in extracurricular
acti vi ties that serve the community; and must be actively
involved in athletics and have strived to be physically fit;
and
WHEREAS, Mr. Christopher Paul Hulbert won the top
scholarship prize of $5,000 in the 16th Annual Richmond Times-
Dispatch/Sports Bakers Scholarship program, held on June 4,
2007; and
WHEREAS, Mr. Hulbert has been active in sports
throughout his high school career, receiving a Varsity letter
in Volleyball for two years; served as captain of the team
during the 2006-07 school year; and his team was the first
team to become All-District, All-Region, All-State and All-
Academic for the district, regional and state; and
WHEREAS, Mr. Hulbert also participated in the Wrestling
team and received a Varsity letter for four years; and twice
won All-State for wrestling, was the regional champion twice,
district champion four times and qualified for the state
competi tion four times; and received 14 of the 18 records
achieved by Thomas Dale High School; and also received
distinction as the athlete with the most all-time wins, most
pins in a career and most take-downs in a career; and
----
WHEREAS, Mr. Hulbert was a member of the Key Club,
Fellowship of Christian Athletes, Distributive Education
Clubs of America, Future Business Leaders of America, the
Latin Club, and also participated in numerous activities that
supported his school and his community; and
WHEREAS, Mr. Hulbert achieved academic success as a
member of the National Honor Society, Quill and Scroll
memberl took Advanced Placement and Honors courses, and
received a cumulative grade point average of 4.25 and a class
ranking of 27 out of 505 seniors; and
WHEREAS, because of his athletic, academic and
community-support achievements, Mr. Hulbert has been accepted
in the Engineering Program at Virginia Polytechnic Institute
and State University where he plans to attend this fall; and
--
WHEREAS, Mr. Hulbert is an outstanding representative of
Chesterfield County youth.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of July 2007,
publicly recognizes the exemplary achievements of Mr.
Christopher Paul Hulbert, wishes him continued success in his
academic pursuits, and is proud to have him represent
07-678
Chesterfield County public schools as he continues with his
higher education.
AND, BE IT FURTHER RESOLVED that a copy of
resolution be presented to Mr. Hulbert and that
resolution be permanently recorded among the papers of
Board of Supervisors of Chesterfield County, Virginia.
this
this
this
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. King presented the executed resolution to Mr. Hulbert and
congratulated him on his outstanding achievements.
Mr. Hulbert expressed appreciation to the Board for the
recognition and to his parents for their support.
15.B. RECOGNIZING TEAM CHESTERFIELD'S PARTICIPATION IN THE
2007 INTERNATIONAL CHILDREN'S GAMES
Ms. Dickson introduced coaches and members of Team
Chesterfield, who were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the International Children's Games is an event
created in 1968 by Yugoslavian Professor Metod Klemenc; and
WHEREAS, the games promote peace and friendship among
the world's youths through participation in sports and
cultural activities; and
WHEREAS, Team Chesterfield traveled
Iceland June 20-25, 2007, to participate in
games, reminiscent of the Olympics; and
to
this
Reykjavik,
series of
WHEREAS, Chesterfield County teachers and coaches
accompanied Team Chesterfield on the journey and participated
in numerous sports and cultural activities; and
WHEREAS, young people aged 12-15, from nearly 200 cities
and 50 countries, have participated in the games over the
years; and
WHEREAS, Team Chesterfield competed in soccer, golf and
swimming events and also had the opportunity to observe
handball, an intriguing sport that is played in other
countries; and
WHEREAS, the students made strong athletic strides, met
young competitors from around the world and experienced a
place few people their age are fortunate enough to visit; and
WHEREAS, it is noteworthy that the entire team met and
spoke with Professor Klemenc, who also attended this year's
games in Iceland; and
WHEREAS, Team Chesterfield participants
Chesterfield County, Virginia, and the United
America, proudly and well at the International
Games.
represented
States of
Children's
07-679
n7/""Jr:./n7
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of July 2007,
publicly recognizes Team Chesterfield's students and
teachers, congratulates them on their successful
participation in the 2007 International Children's Games, and
wishes them continued success in their athletic and academic
endeavors.
AND, BE IT FURTHER RESOLVED that a copy of
resolution be presented to Team Chesterfield, and that
resolution be permanently recorded among the papers of
Board of Supervisors of Chesterfield County, Virginia.
this
this
this
-'
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mrs. Humphrey presented executed resolutions to the coaches
and members of Team Chesterfield and commended them on their
outstanding representation of Chesterfield County at the
International Children's Games.
Each of the coaches and team members provided a memory of
their experience in Iceland.
16. 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 ~/OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTION 17
"--"
07SN033l
In Dale Magisterial District, NEW BETHEL CHRISTIAN FELLOWSHIP
requests rezoning and amendment of zoning district map from
Light Industrial (I-I) to Agricultural (A). The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for light industrial use. This
request lies on 29.9 acres fronting approximately 950 feet on
the north line of Belmont Road across from Corcoran Drive.
Tax ID 759-676-4298.
Mr. Turner stated the applicant has requested a deferral
until August 22, 2007.
Ms. Carrie Coyner, representing the applicant, requested a
deferral until August 22, 2007.
Mr. Miller called for public comment.
No one came forward to speak to the deferral.
-'
On motion of Mr. Miller, seconded by Mr. Sowder,
deferred Case 07SN0331 until August 22, 2007.
the Board
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
n7_':;;Rn
07SN0299
-
In Bermuda Magisterial District, PRINCETON PROPERTIES, INC.
requests amendment to Conditional Use Planned Development
(Case 06SN0196) and amendment of zoning district map to
permit multifamily residential uses. 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 in a Residential Townhouse (R-TH) District on
6.1 acres lying approximately 1,100 feet off the south line
of Iron Bridge Road approximately 700 feet west of Branders
Creek Drive. Tax ID 776-652-Part of 7257.
Mr. Turner presented a summary of Case 07SN0299 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Will Homiller, 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. King, seconded by Mr. Warren, the Board
approved Case 07SN0299 and accepted the following proffered
conditions:
The Owner, pursuant to Section lS.2-2298 of the Code of
virginia (1950 as amended) and the Zoning Ordinance of
Chesterfield County (the "Zoning Ordinance"), for itself and
its successors or assigns, hereby requests to amend the
Statement of Proffered Conditions pursuant to the terms and
condi tions set forth herein, which Statement of Proffered
Conditions was previously approved by the Board of
Supervisors on July 26, 2006, as a part of Rezoning Case
06SN0196 (the "Existing Rezoning Case"), in which the Board
approved, among other things, rezoning to R-TH with a
Conditional Use Planned Development of 38.0 acres, located on
the south line of Ironbridge Road (Route 10), west of the
River Forest Apartments and east of the Edenshire subdivision
designated as Chesterfield County Tax IDs 776-652-2477, 776-
652-3293, 776-652-0051, 776-652-1462 and a portion of 776-
652-7829 (now known as 776-652-7257) (the "Townhouse
Property") .
For the purposes of the Statement of Proffered Conditions, as
amended, "Multi-Family Property" shall mean the 6.08 acre
portion of the Townhouse Property depicted on that certain
plat entitled "Zoning Plat of 6.08 Acres of Land" prepared by
Townes Site Engineering, P.C., dated October 6, 2006, a copy
of which was submitted with the application for this
amendment, and lying west of and adjacent to property
designated as Chesterfield County Tax ID 776-652-6715, on
which is located an existing multi-family development known
as the River Forest Apartments (the "Existing Apartment
Property") .
1. Amendment to Textual Statement: In conjunction with the
approval of this request, the Amendment to Textual
Statement dated April 19, 2007 (the "Textual Statement
Amendment"), shall be approved.
07-681
2.
Exceptions for Multi-Family Property: Notwithstanding
anything to the contrary set forth in the Statement of
Proffered Conditions, in the event the Multi-Family
Property is used for construction of multi-family
housing as provided in the Textual Statement Amendment,
the Multi-Family Property shall be subject only to the
proffered conditions of the Existing Rezoning Case
numbered 1 (Utilities), 2 (Timbering), 3.a
(Transportation), 3.e (Transportation) as amended
herein, 4 (Textual Statement) and 9 (Cash Proffer) and
shall not be subject to the other proffered conditions
of the Existing Zoning Case. (P, U, EE, T and B&M)
,-
3. Carver Heights Drive. Proffer 3.e of the Existing
Zoning Case is hereby amended and restated as follows:
Prior to the earlier of (i) recordation of the initial
subdivision plat establishing lots within the Townhouse
Property or (ii) issuance of a building permit for the
first dwelling unit on the Multi-Family Property, the
developer shall pay $170,000 to the County to be applied
to the cost to construct an extension of or improvements
to Carver Heights Drive, or for other road improvements
within the Property's traffic shed as defined in the
County's cash proffer policy. (T)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07SN0334
-
In Clover Hill Magisterial District, POTTS, MINTER &
ASSOCIATES, P. C. requests rezoning and amendment of zoning
district map from Agricultural (A) to Residential (R-12) plus
Conditional Use Planned Development to permit exceptions to
Ordinance requirements. The density of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for medium density residential use of 1.51 to 4.0 units per
acre. This request lies on 1.2 acres located in the
northwest quadrant of the intersection of Stroud Lane and
Adkins Road. Tax ID 748-700-9265.
Mr. Turner presented a summary
the Planning Commission and
subj ect to one condition and
conditions.
of Case 07SN0334 and stated
staff recommended approval
acceptance of the proffered
Mr. Wayne Toy, representing the applicant,
recommendation is acceptable.
stated the
Mr. Miller called for public comment.
-
No one came forward to speak to the request.
On motion of Mr. Warren, seconded by Mr. King, the Board
approved Case 07SN0334, subject to the following condition:
The Textual Statement dated May 10, 2007, shall be considered
the Master Plan for the existing dwelling unit and garage
identified on the plat prepared by Potts, Minter and
Associates, P.C., dated April 16, 2007, as attached. (P)
And, further, the Board accepted the following proffered
conditions:
1.
A maximum
property.
of two
(P)
(2)
lots
shall be permi t ted on the
2.
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
b. The amount approved by the Board of Supervisors not
to exceed $15,600.00 per dwelling unit adjusted
upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 2006 and July 1
of the fiscal year in which the payment is made
after June 30, 2007.
Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law. (B & M)
3. All new dwelling units shall have a minimum floor area
of 1,800 square feet. (P)
4. All new foundations shall have a brick, stone or
exterior insulation finish system veneer. (P)
5. There shall be no vehicular access from the property to
Adkins Road. (T)
6. All new dwelling units shall be constructed with brick
or stone veneer, hardiplank, vinyl siding or any
combination thereof. (P)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07SN0342
In Matoaca Magisterial District, DEBONAIR ACRES LLC requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-88) of 689.9 acres plus
Conditional Use to permit residential stock farm (keeping of
horses) on 100 acres of the 689.9 acres. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for residential use of 1-5 acre lots,
suited to R-88 zoning and residential use of 1.01-2.5 units
per acre. This request fronts approximately 200 feet on the
south line of Graves Road approximately 1,230 feet east of
Sadberge Drive also lying at the eastern terminus of Eanes
Road. Tax IDs 760-618-9862; 761-617-5745; 762-616-3473; 762-
618-7458; 763-616-9147; 764-616-8303; 764-617-4550; 766-616-
8203; 766-618-4335; 767-617-2600 and 8276; 768-617-9663; 768-
619-0903; 769-616-5571; 769-617-2708, 7874 and 9607; 769-618-
9478; and 770-617-2262.
07-683
^" I",,~ '^r"f
Mr. Turner presented a summary of Case 07SN0342 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Ms. Carrie Coyner, representing the applicant, stated
recommendation is acceptable. She further stated, since
Planning Commission's hearing of the case, the applicant
obtained a contract for additional access.
the
the
has
Mr. Miller called for public comment.
-..,..,/
No one came forward to speak to the request.
After brief discussion, Humphrey made a motion, seconded by
Mr. Sowder, for the Board to approve Case 07SN0342 and accept
the following proffered conditions:
The Owner-Applicant in the zoning case, pursuant to Section
15.2-2298 of the Code of Virginia (1950 as amended) and the
Zoning Ordinance of Chesterfield County, for themselves and
their successors or assigns, proffer that the development of
the property known as Chesterfield County Tax Ids as
reflected on the attached Schedule "A" (the ~Property") under
consideration will be developed according to the attached
Textual Statement and the following conditions if, and only
if, the rezoning requests for R-88 with a conditional use to
permit a residential stock farm as set forth in the above
heading and the application filed herein is granted. In the
even the request is denied or approved with conditions not
agreed to by the Owner-Applicant, these proffers and
conditions shall be immediately null and void and of no
further force or effect.
..-"
1. Timbering. Except for the timbering approved by the
Virginia State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance
permi t has been obtained from the Environmental
Engineering Department and the approved erosion devices
have been installed. (EE)
2. Utilities.
A) The required overall water system plan for the
development shall be submitted to the Utilities
Department for review and approval prior to
approval of the first tentative subdivision plan
for the development. The overall water system plan
shall be accompanied by a Water System Phasing Plan
depicting the construction phasing for all new
water infrastructure related to this development.
B) Since this development is located within two
water pressure zones, the developer shall extend
water lines from both the 16" water line along
River Road and from the 30" water line along Church
Road, at locations and of a size to be approved by
the Utilities Department. (U)
"--"
3. Cash Proffer. The applicant, subdivider, or assignee(s)
(the "Applicant") shall pay the following to the County
07-6B4
-
of Chesterfield prior to the issuance of a building
permit for each dwelling unit for infrastructure
improvements within the service district for the
property:
a.
$15,600 per dwelling unit if paid prior to July
2007. At the time of payment, the $15,600 will
allocated pro-rata among the facility costs
follows: $5,331 for schools, $602 for parks
recreation, $348 for library facilities, $8,915
roads, and $404 for fire stations; or
1,
be
as
and
for
b. The amount approved by the Board of Supervisors not
to exceed $15,600 per dwelling unit prorated as set
forth 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 if paid after June 30, 2007.
c. If, upon the mutual agreement of the Transportation
Department and the Applicant, the Applicant
provides road improvements (the "Improvements"),
then the transportation component in this Proffered
Condi tion shall be reduced by an amount not to
exceed the cost to construct the Improvements so
long as the cost is of equal or greater value than
that which would have been collected through the
paYment(s) of the road component of the cash
proffer as determined by the Transportation
Department. Once the sum total amount of the cash
proffer credit exceeds the cost of the
Improvements, as determined by the Transportation
Department, thereafter the Applicant shall commence
paying the cash proffer as set forth in this
Proffered Condition as adjusted for the credit.
For the purposes of this proffer, the costs, as
approved by the Transportation Department, shall
include, but not be limited to, the cost of right-
of-way acquisition, engineering costs, costs of
relocating utilities and actual costs of
construction (including labor, materials, and
overhead) ("Work"). Before any Work is performed,
the Applicant shall receive prior written approval
by the Transportation Department for the
Improvements and any credit amount.
d.
Cash proffer payments
purposes proffered or
law. (B & M)
shall be spent for the
as otherwise permitted by
4.
Transportation.
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, whichever
occurs first, thirty-five (35) feet of right-of-way on
the south side of Graves Road, measured from the
centerline of that part of Graves Road immediately
07-685
adjacent to the property,
unrestricted, to and for
County.
shall be dedicated, free and
the benefit of Chesterfield
Vehicular Access.
A) Direct vehicular access from the property to Graves
Road shall be limited to one (1) public road. The
exact location of this access shall be approved by
the Transportation Department.
".....,/
B) No direct vehicular access from the property to
Eanes Road shall be permitted except for access for
emergency vehicles.
Road Improvements.
The developer shall provide the following road
improvements with initial development of the property:
A) Construct additional pavement along Graves Road at
the approved access to provide left and right turn
lanes.
B)
Dedicate to Chesterfield County, free and
unrestricted, any additional right-of -way (or
easements) required for the road improvements
identified in this Proffered Condition. In the
event the developer is unable to acquire the "off-
site" right-of-way necessary for these road
improvements, the developer may request, in
writing, the county to acquire such right-of-way as
a public road improvement. All costs associated
with the acquisition 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 only provide the road
improvements that can be accommodated wi thin
available right -of -way, as determined by the
Transportation Department. (T)
-
5. Residential Stock Farm Use.
a. Stock farm uses shall not occupy a cumulative area
in excess of 100 acres, including riding trails.
b. Any stock farm use shall be limited to the keeping
of horses.
c.
Horse riding trails shall be permitted throughout
the development.
-"
d. With the exception of riding trails, all equestrian
uses shall be located a minimum of fifty (50) feet
from adjacent properties to the development and
from any existing or proposed public roads. This
setback requirement may be modified by the Planning
Commission at the time of plan review.
"II
e. Horse boarding facilities shall be permitted.
f. The keeping of horses shall not be permitted on
individual lots.
g.
All facilities and areas associated with the
keeping of horses shall be cleaned and made free of
waste on a regular basis. Methods shall be
employed to eliminate any odor problems and the
propagation of insects. (P)
-
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Miller stated the Board will hold the public hearing at
this time to consider the Northern Courthouse Road Community
Plan.
17.A. TO CONSIDER AN AMENDMENT TO PARTS OF THE POWHITE/ROUTE
288 DEVELOPMENT AREA PLAN, NORTHERN AREA PLAN,
MIDLOTHIAN AREA COMMUNITY PLAN, AND THE ROUTE 360
CORRIDOR PLAN RELATING TO THE NORTHERN COURTHOUSE ROAD
COMMUNITY PLAN
Mr. Warren inquired how many members of the audience were
present for this public hearing.
Most of the audience raised their hands.
Mr. Warren stated the Board held a work session this
~ afternoon, and he and Mr. Sowder have had discussions
regarding the Plan and the recommendations of the Planning
Commission. He further stated, although there are
differences of opinion, both he and Mr. Sowder agree that the
2.5-mile stretch of Courthouse Road, included in this Plan is
very dangerous, according to VDOT statistics. He stated, in
discussions at the work session and subsequent to that, he
believes that VDOT and the county's Transportation Department
need to provide a more comprehensive transportation analysis
of what can be done through the planning process to improve
the safety of this area prior to approving a Plan amendment.
In response to Mr. Warren's question, Mr. McCracken stated it
would probably take five to seven months at a minimum to
complete a comprehensive traffic analysis.
-
Mr. Sowder stated he agrees with Mr. Warren that an
overriding issue on any decisions made regarding the Plan
must be safety. He expressed concerns that the Plan does not
include the intersection of Midlothian Turnpike and
Courthouse Road, indicating that he does not think it would
be rational to consider the safety of the corridor without
including that intersection, as well as the Hull
Street/Courthouse Road intersection. He stated, in his
opinion, options should be provided for completing the loop
road that was originally proposed through the Moody property
and taking traffic off of Midlothian Turnpike and Courthouse
Road. He further stated, in his opinion, he needs additional
data before making an educated decision.
In response to Board members' questions,
VDOT's Resident Enqineer for Chesterfield,
Mr. Dale Totten,
came forward and
Northern Area Plan, Midlothian Area Community Plan, and the
Route 360 Corridor Plan relating to the Northern Courthouse
Road Community Plan to the Planning Commission, with a time
limit of 90 days, and the possibility of an extension, should
circumstances make that necessary, concentrating on
particular areas, including traffic studies relative to
safety; the Moody tract; land use issues on Courthouse Road;
and alternatives for completion of the loop road.
And, further, the Board directed staff to include in
both the Hull Street/Courthouse Road intersection
Midlothian Turnpike/Courthouse Road intersection,
provide both the Planning Commission and
recommendations when the Plan returns to the Board.
the Plan
and the
and to
staff's
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Miller requested a ten-minute recess.
Reconvening:
07SN0255
In Midlothian Magisterial District, REBKEE PARTNERS
WESTCHESTER requests rezoning and amendment of zoning
district map from Agricultural (A) to General Industrial (1-
2) plus Conditional Use Planned Development to permit
exceptions to Ordinance requirements and Conditional Use to
permit commercial uses on property zoned General Industrial
(1-2) . 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 714-711-Part
of 2160.
Ms. Beverly Rogers presented a summary of Case 07SN0255 and
stated the Planning Commission and staff recommended approval
of the rezoning request and acceptance of the proffered
conditions. She further stated the Planning Commission and
staff recommended denial of the Conditional Use on the 1-2
tract that fronts Midlothian Turnpike because the commercial
uses proposed do not comply with the Route 288 Corridor Plan,
which suggests that the property should be reserved for
regional employment use.
In response to Mr. Miller's question, Ms. Rogers stated the
uses permitted on the I-2 tract are industrial and light
industrial research and development type uses. She further
stated there are some commercial uses that would be permitted
within that tract, provided that they are located interior to
the property and not along Midlothian Turnpike. She noted
the applicant wishes to locate those commercial uses along
Midlothian Turnpike.
Mr.
John Cogbill,
representing
the
applicant,
stated
......,?
~
~
that were originally in the proactive rezoning for the
Watkins Centre were withdrawn because they did not want to be
part of an integrated project. He further stated they are
individual parcels with individual access onto Midlothian
Turnpike and do not have the ability to be integrated into a
project. He stated small-scale commercial uses are permitted
on the 1-2 tract if they are incorporated into the property.
He further stated the issue at hand is a conundrum between
how the language in the old ordinances applies to the new
urbanism concept. He stated, in his opinion, staff did not
have any choice but to make the recommendation. He noted
that the two parcels that are the subject of this request are
inseparably attached, indicating that the uses cannot be
consistent with the proactive zoning without the ability to
have a Conditional Use. He stated the applicant is a partner
in the proactive zoning for the Watkins Centre and has
already agreed to build approximately 100,000 square feet of
office and hotel space on their property, including a 60,000-
square foot building, which currently has a 71 percent pre-
lease at this point. He further stated the 10 acres that is
the subject of this rezoning request was not included in the
original zoning because it was under contract to a
residential developer at the time of the proactive rezoning.
He stated the 10-acre parcel provides for access from the
applicant's property across to Huguenot Springs Road, and is
to be zoned consistent with the proactive zoning. He stated
the Conditional Use requested would not provide any uses,
which are not otherwise permitted in the ordinance, but would
allow for an exception to the 30 percent limitation on the
amount of commercial permitted and would allow the commercial
uses to be located, if necessary, along Midlothian Turnpike.
He further stated the developer worked to ensure that the
project was internally focused. He stated the businesses
need to have visibility and provided details of the types of
uses that would be located on the 16-acre parcel. He further
stated, although these uses are not internal to the project,
they are internally focused. He stated the proposal provides
for an overall development scheme that is consistent with
Watkins Centre zoning and also provides for the ability to
set higher standards than those established by the proactive
zoning. He further stated connectivity and pedestrian access
is critical to the Watkins Centre, indicating that the
proposed proj ect connects the office building being located
on the adjacent property by pedestrian access. He stated the
10-acre site is already being considered by a new user.
In response to Mr. Miller's question, Mr. Cogbill stated the
proposed uses do not front onto Midlothian Turnpike. He
further stated approval of the project would allow the
applicant to integrate 85 acres as a complete unit. He
stated it is very important to provide services that people
can walk to from their offices.
-
Mr. Miller expressed concerns relative to departing from the
original zoning for the Watkins Centre.
Mr. Cogbill stated the only thing that has changed is the
ability to locate commercial uses on the 16-acre parcel,
based on the design of the Rebkee Building, which is being
constructed on adj acent property. He noted the proposal
represents a higher standard development than what is
currently permitted and would provide for a high-quality
07-693
07/25/07
proj ect that would serve the greatest number of businesses
possible in the county.
In response to Mr. King's question, Mr. Cogbill stated the
proposal is an expansion of the ability to have better
development in the Watkins Centre. He discussed
transportation improvements provided as a part of the
proposed development. He expressed concerns that, if the
proj ect is not approved, the county will not be able to
attract the types of businesses they want to locate in this
area. He stated the regional employment center was supposed ~.
to be pedestrian friendly, and the proposal would provide
resources for the Watkins Centre proj ect to be successful.
He requested the Board's approval of both of the applicant's
requests.
Mr. Miller called for public comment.
Mr. George Emerson stated he supports the proposal,
indicating that it is a good use of the property and makes a
lot of sense.
Mr. Andy Scherzer, representing Balzer and Associates, one of
the tenants in the proposed office building that is being
constructed adjacent to the subject property, stated he
supports the proposal, indicating that Balzer employees will
utilize the proposed businesses. He further stated the
proposal would be good for business and good for the county.
Senator John Watkins, representing Watkins Land, stated he
feels very strongly that this additional land is an essential
piece of the critical mass to spark development in the
Watkins Centre. He further stated if the development is
approved as requested, essential transportation improvements,
not included in the CDA, will be provided to alleviate
congestion on Midlothian Turnpike. He stated the request
does not change the type of uses allowed, but does change the
orientation of the use. He further stated it is critical to
allow businesses to located in an orientation where they can
address the demands of the marketplace. He stated the only
place to purchase fuel off of Route 288 is in Midlothian, or
to travel two miles west towards Powhatan, and noted it would
be more reasonable to have a fuel point closer to Route 288.
~
In response to Mr. Miller's question, Senator Watkins stated
he does not think anyone realized when the Watkins Centre was
proactively zoned that commercial uses had to be embedded in
the middle of offices. He further stated, in his opinion,
the uses would be more fitting closer to Midlothian Turnpike.
Mr. Warren stated, in his opinion, Chesterfield County should
be as flexible as possible to compete with neighboring
localities for business. He further stated he sees this as
an opportunity to be more flexible.
--
Sena tor Watkins agreed wi th Mr. Warren and
opinion, this request is a critical part
Centre development.
stated,
of the
in his
Watkins
Mr. Kevin McFadden,
the Rebkee Company
the Watkins Centre
building that is
an owner of the Rebkee Company, stated
already has a substantial investment in
and has already begun construction on a
71 percent leased. He further stated
07-694
n.., l"lr:. In..,
I i
serv~ces are necessary for the rema~nder of the employment
center to develop, stressing the importance of exposure and
visibility of the services. He noted that all of the
services will be internally focused and the buffer will be
maintained.
-
Ms. Carrie Coyner, representing the landowners of the six
parcels across the street from this property, stated, in her
opinion, an industrial user does not need or want road
frontage on Midlothian Turnpike. She further stated it is
difficult to convince commercial users to located where they
are not visible. She stated the six parcels across the
street were withdrawn from the Watkins Centre rezoning
because there was no flexibility in the uses permitted. She
further stated she fully supports the request, indicating
that this should have been done with the original Watkins
Centre rezoning.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Cogbill stated approval of this request will make the
Watkins Centre a success.
In response to Mr. Sowder's question, Mr. Cogbill stated the
rear facade of the finished buildings will face Midlothian
Turnpike, but will be treated with comparable material to the
front facade, with appropriate signage required for the
zoning. He noted there will be views through these buildings
to the office and industrial uses located to the north. He
further stated the commercial uses are focused inward to the
center of the property.
In response to Mr. Sowder's question, Mr. Will Davis stated,
recognizing that the Watkins Centre is one of the key
gateways in Chesterfield, he supports any viable business
that conforms to the Plan. He further stated he is more
comfortable with the aesthetics of the proposed development,
but is not comfortable with the fact that the commercial uses
do not conform to the Plan.
In response to Mr. Sowder's question, Ms. Rogers stated the
Plan calls for C-1 type uses located internal to an office
park or industrial development with the idea that within that
overall park area, there would be some scattered commercial
uses that are basically to serve the employees of the park
itself, not destination-oriented uses. She further stated
the uses fronting along Midlothian Turnpike are more
destination-oriented uses rather than uses which would
primarily attract those working in the industrial park.
-
Mr. Sowder stated he has an additional comfort level when
people like Senator Watkins support proposals such as this.
He further stated, in his opinion, the county would be losing
a huge opportunity by not approving the proposed development.
He stated, although the proposal does not conform to the
Plan, he is comfortable with approving it.
Mr. Sowder then made a motion, seconded by Mr. Warren, for
the Board to approve Case 07SN0255 and accept the proffered
conditions.
07-695
07/25/07
Mr. King stated he
significance of the
Board must provide a
that he sees this as
concurs wi th Mr. Sowder regarding the
Watkins Centre. He further stated the
certain level of flexibility, indicating
an extension of a great project.
Mrs. Humphrey stated staff has provided outstanding guidance
through the entire Watkins Centre process. She further
stated she does not believe the Board would violate the
intent of the Plan by allowing some commercial uses fronting
Midlothian Turnpike, since they will be internally oriented.
She stated she has always been pleased with the appearance of
Commonwealth Centre, indicating that the rear facade was well
treated. She further stated the county is promoting a
business-friendly climate, and the Board should do any small
thing that jump-starts a project, such as the Watkins Centre.
Mr. Miller referenced the recent major effort to ensure that
the county would be proud of the Watkins Centre project and
stated he will support the proposal, but does not have the
comfort level as other Board members because of variation
from the Plan and the fact that neither Planning staff nor
the Planning Commission supported it. He cautioned the Board
not to set a precedent in making changes to the original
Watkins Centre zoning and related conditions.
Mr. Miller then called for a vote on the motion of
Sowder, seconded by Mr. Warren, for the Board to approve
07SN0255 and accept the following proffered conditions:
Mr.
Case
The Owners and the Developer (the "Developer") in this zoning
case, pursuant to Section15. 2-2298 of the Code of Virginia
(1950 as amended) and the zoning Ordinance of Chesterfield
County, for themselves and their successors or assigns,
proffer that the development of the Property known as
Chesterfield County Tax Identification Numbers part of 714-
711-2160 (the ~Propertyfl) under consideration will be
developed according to the following conditions if, and only
if, the rezoning request for I-2 with conditional use planned
development and the conditional use 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. If the zoning is granted, these proffers and
conditions will supersede all proffers and conditions now
existing on the Property.
References to Road A and Road B are found on Exhibit B - Plan
titled "Shoppes at Westchester West, Zoning Exhibit" prepared
by Balzer and Associates, Inc., and last revised March 29,
2007, which is attached to the Textual Statement.
1.
Dedication. The following rights-of-way shall be
dedicated, free and unrestricted, to Chesterfield
County, prior to any site plan approval or within sixty
(60) days from a written request by the Transportation
Department, whichever occurs first. The exact location
of these rights-of-way shall be approved by the
Transportation Department.
A. Dedication of a ninety (90) foot wide right-of-way
for the proposed east-west maj or arterial ("Road
A") from the northern Property line to Route 60.
07-696
07/25/07
-
'-'
-'
,-
-
-
B. Dedication of a ninety (90) foot wide right-of-way
for the proposed east-west major arterial ("Road
B") from Road A to Huguenot Springs Road.
C. Dedication of forty-five (45) feet of right-of-way
from the centerline of Huguenot Springs Road along
that part of Huguenot Springs Road immediately
adjacent to the Property.
2.
Access.
A. Direct vehicular access from the property to
Huguenot Springs Road shall be limited to Road B.
B. Direct vehicular access from Road A to the portion
of the Property west of Road A shall be limited to
one (1) entrance/exit designed to preclude exiting
the Property from traveling north on Road A. The
exact design of this access shall be approved by
the Transportation Department at the time of site
plan approval.
C. Prior to any site plan approval, an access plan
from the Property to Road A or Road B, shall be
submitted to and approved by the Transportation
Department. Vehicular access from the Property to
these roads shall conform to the approved access
plan.
3 .
Road Improvements. To provide an adequate roadway
system, the Developer shall be responsible for the
following improvements. If any of the improvements are
provided by others, as determined by the Transportation
Department, then the specific required improvement shall
no longer be required of the Developer. The exact
design and length of these improvements shall be
approved by the Transportation Department.
A. Construction of a four-lane divided road, to VDOT
Urban Minor Arterial Standards (50MPH) with
modifications approved by the Transportation
Department, for Road A from the northern property
line to Route 60.
B. Construction of a two-lane road, to VDOT Urban
Minor Arterial Standards (50MPH) with modifications
approved by the Transportation Department, for Road
B from Road A to Huguenot Springs Road.
C.
Improve/widen the east side of Huguenot Springs
Road for the entire Property frontage to an eleven
(11) foot wide travel lane, measured from the
existing centerline of the road, with an additional
one (1) foot wide paved shoulder plus a seven (7)
foot wide unpaved shoulder, and overlaying the full
width of the road with one and one half (1.5)
inches of compacted bituminous asphalt concrete,
with modifications approved by the Transportation
Department.
D. Construction of additional pavement along Huguenot
Springs Road at the Road B intersection to provide
left and right turn lanes.
07-697
07/25/07
E. Construction of additional pavement along Road A,
Road B, and at each approved access, including the
Road A/Road B intersection, to provide left and
right turn lanes, based on Transportation
Department standards.
F. Construction of traffic management device(s) to
control turning movements/access in accordance with
Proffered Condition 2.B. above.
G.
on Route 60 to
including left
and we s tbound
Construction of a new crossover
serve Road A, if approved by VDOT,
turn lanes in both eastbound
directions.
H. Construction of additional pavement along Route 60
at the Road A intersection to provide right turn
lane.
1.
Construction of additional pavement
its intersection with Route 60, to
lane typical section [i.e., two
lanes and four (4) southbound lanes]
along Road A at
provide a six-
( 2 ) northbound
J. Full cost of traffic signalization at the Road B
and Huguenot Springs Road intersection; at the Road
A and Road B intersection; at the Route 60 and Road
A intersection; and at each approved access onto
Road A and onto Road B, if warranted, as determined
by Transportation Department.
K.
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.
4. Phasing Plan. Prior to any site plan approval, a
phasing plan for the improvements identified in
proffered condition 3 shall be submitted to and approved
by the Transportation Department.
I
I
I
I
II
II
I,
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Miller excused himself from the meeting.
07-698
-
---
-'
07SN0312
-
In Bermuda Magisterial District, ENON LAND COMPANY II LLC
requests amendment to rezoning (Case 83S118) and amendment of
zoning district map relative to buffer requirements. The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for neighborhood mixed
use uses. This request lies in a General Business (C- 5)
District on 3.9 acres located in the southeast quadrant of
the intersection of East Hundred and Inge Roads. Tax IDs
814-652-7447, 7815 and 8544.
Ms. Rogers presented a summary of Case 07SN0312 and stated
the applicant submitted an additional proffered condition
today to require at least a 25-foot setback along Inge Road,
regardless of whether Inge Road is designated as a special
access street. She further stated the applicant has agreed
to retain vegetation and install landscaping within the
setback. She stated the Planning Commission recommended
approval and acceptance of a proffered condition. She noted
the elimination of buffers would accommodate development in
accordance with current ordinance setback requirements. She
stated staff recommended denial because elimination of the
buffer requirements would further facilitate development of
land uses, which do not conform to the Consolidated Eastern
Area Plan.
-
Ms Carrie Coyner, representing the applicant, stated
applicant has met with the neighbors twice during
deferral period, and an additional proffered condition
submitted today to address their concerns relative
setbacks and buffering.
the
the
was
to
Mrs. Humphrey called for public comment.
No one came forward to speak to the request.
In response to Mr. King's question, Mrs. Joyce Luck, an
adjacent property owner, came forward and stated she thinks
the issues have been resolved. She thanked Planning staff
for answering their questions and Mr. George Emerson for his
willingness to work with the neighbors.
Mr. King thanked Mr. Emerson for being sensitive to the needs
of the Luck family.
Mr. King then made a motion, seconded by Mr. Sowder, for the
Board to suspend its rules at this time to allow for the
additional proffered condition.
-
Ayes: Humphrey, King, Sowder and Warren.
Nays: None.
Absent: Miller.
On motion of Mr. King, seconded by Mr. Sowder, the Board
approved Case 07SN0312 and accepted the following proffered
conditions:
The Owner-Applicant in this zoning case, pursuant to Section
15.2-2298 of the Code of Virginia (1950 as amended) and the
Zoning Ordinance of Chesterfield County, for itself and its
07-699
07/25/07
successors or assigns, proffers that the development of the
property known as Chesterfield County Tax Ids 814-652-7447,
814-652-8544 and 814-652-7815 will be developed as set forth
below; however, in the event the request is denied or
approved with conditions not agreed to by the Applicant, this
proffers shall be immediately null and void and of no further
force or effect.
1. There shall be no direct vehicular access from the
property to Route 10. (T)
-
2. A minimum twenty-five (25) foot setback shall be
maintained along Inge Road. Except where necessary to
accommodate access and utilities that run generally
perpendicular through the setback, trees having a
caliper of two (2) inches or greater shall be maintained
within this setback. This does not preclude the removal
of diseased, dead, or dying trees.
Ayes: Humphrey, King, Sowder and Warren.
Nays: None.
Absent: Miller.
05SN0221 (Amended)
In Matoaca Magisterial District, PIEDMONT VENTURE, LLC
requests rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12) plus Conditional Use
Planned Development to permit exceptions to Ordinance
requirements. 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 164.2 acres fronting approximately 1,600
feet on the south line of Genito Road approximately 2,400
feet east of Mt. Hermon Road. Tax ID 705-687-3536.
-"
Ms. Rogers presented a summary of Case 05SN0221 and stated
the Planning Commission recommended denial, on a vote of
three to two, the majority indicating that the proposed
alignment of Powhite Parkway extended failed to comply with
the Upper Swift Creek Plan amendment, as recommended by
staff, and that the proposal fails to comply with the adopted
Plan since the property is west of the phasing line shown on
the adopted Plan. She further stated staff recommended
approval and acceptance of the proffered conditions,
indicating that the proposed zoning and land uses conform to
the adopted Plan, as well as the proposed amendment to the
Upper Swift Creek Plan, and the proffered conditions
adequately address the impacts of the development on
necessary capital facilities. She noted the transportation
concerns have been addressed with the proposed dedication of
right of way for powhite Parkway extended.
-'
Mr. Jim Theobold, representing the applicant, stated the
request is consistent with both adjacent and area zoning,
with R-12 zoning to the west, east, and also to the south.
He further stated the applicant has offered significant
proffered and textual statement conditions consistent with
area R-12 zoning that provide a guaranteed level of quality
development. He stated the request is consistent with both
the current Plan and proposed Plan amendment. He expressed
07-700
-
concerns that the request was filed in 2004, and the
applicant has been asked to wait while staff and the Planning
Commission considered amendments to the Upper Swift Creek
Plan. He stated, at the Planning Commission meeting, three
of the Commissioners recommended denial based on a lack of
adequate public facilities and non-compliance with a
proposed, yet un-adopted Plan, neither being legitimate basis
under state law to deny a rezoning, and then four weeks
later, recommended denial of the proposed Plan amendment. He
further stated, during this waiting period, other
developments have impacted the location of the powhite
Parkway through dedications, and the applicant has worked
with the Transportation Department to coordinate the
alignment through the subj ect property based upon previous
decisions off-site regarding the powhite extension alignment.
He stated the proposal enhances area roads through
improvements to Genito Road and the dedication of the powhite
Parkway right of way; provides for a lower density of
development than suggested by the Plan; assures an attractive
and harmonious community; and mitigates the impacts on public
services and facilities in compliance with the Board's
policy. He further stated the current zoning is not
reasonable in light of adjacent and area zoning and the
significant intersection to be created as powhite crosses
Genito Road at this location. He provided the Board with a
copy of a letter from Mr. Jack Horner, adj oining property
owner to the west and to the south, in support of the
request. He requested the Board's approval of the proposed
development.
Mrs. Humphrey called for public comment.
Mr. Peter Martin, a resident of Mount Hermon Road, stated he
does not support the request because of its added impact of
the phosphorous levels in the reservoir. He further stated,
until a solution can be found to this problem, a moratorium
on zoning in the Upper Swift Creek drainage basin should be
imposed. He expressed concerns relative to a report by CH2M
Hill, which indicated that the acceptable phosphorous levels
would be exceeded by property already zoned or developed
impacting the reservoir, which supplies approximately 30
percent of the county's water. He further expressed concerns
relative to overcrowding of schools and the additional
traffic that the proposed development would create.
Mr. Carson Martin, a resident of Genito Road, expressed
concerns that his home is situated directly where the powhite
Parkway extension is now proposed, indicating that no one
notified him of the realignment. He inquired why the
densi ties cannot be lowered in this part of the county to
alleviate the impact on the reservoir.
-
There being no one else to speak to the request, the public
hearing was closed.
Mr. Theobold stated the applicant worked with Transportation
staff relative to the Powhite Parkway extension between
Summer Lake and Magnolia Green. He further stated, if the
request is denied, there will be no dedication of right of
way for powhite Parkway extended through this property. He
noted that the Board is not deciding the alignment of powhite
Parkway at this time. He stated the development must meet
whatever phosphorous level standards the Board determines.
07-701
07/25/07
He further stated the proposal is consistent with the adopted
Plan, provides full cash proffers and dedicates right of way
for powhite Parkway extended.
Mr. Sowder inquired about the status of the powhite Parkway
extension.
Mr. Ramsey stated staff met with Mr. Pierce Homer, the
Secretary of Transportation within the past few months to
discuss the issue of whether the state or county would be the
responsible entity if the PPTA were used to build the powhite ~
Parkway extension, and Mr. Homer expressed a desire for the
county to be the responsible entity. He further stated staff
is in the process of gathering information from a consultant
that will help to design the PPTA structure, if the Board
wants to move forward with a private proposal to construct
the road. He stated staff would like to be in a position by
the end of the year to solicit proposals for the project, if
the Board desires.
Mr. King stated, in his opinion, the county
collectively with jurisdictions to the west of the
address phosphorous level issues in the reservoir.
must work
county to
Mr. Ramsey stated staff has had conversations with the County
Administrator and staff of powhatan County, and in his
opinion, Powhatan's land use plan proposals will not
contribute significantly to the phosphorous level.
Mr. Warren inquired when the powhite Parkway extension was
realigned.
Mrs. Humphrey stated the realignment is proposed with the
Upper Swift Creek Plan amendment.
--..-'
Ms. Rogers clarified that staff's recommended Plan amendment
proposes the alignment based upon a request by area property
owners. She stated recommended alignment transverses the
center of the subject property.
Mr. Warren expressed concerns relative to moving the
alignment of the extension at this point in time.
Mrs. Humphrey stated road alignments are not etched in stone,
but come about with land use requests. She further stated
the alignment of powhite Parkway extension has been the only
question with this request, indicating that it is consistent
with the current and proposed Upper Swift Creek Plan, and the
developer will be required to meet whatever phosphorous
standard the Board adopts.
Mrs. Humphrey then made a motion, seconded by Mr. Sowder, for
the Board to approve Case OSSN0221 and accept the following
proffered conditions:
'--
The property owner 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 owner and applicant. In the
07-702
n..., I",>r:. In...,
event this request is denied or approved with conditions not
agreed to by the owner and applicant, the proffers shall
immediately be null and void and of no further force or
effect.
1. Master Plan. The Textual Statement dated February 12,
2007 shall be considered to be the Master Plan. (p)
2.
Timbering. Except for the timbering approved by the
Virginia State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance
permi t has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. (EE)
--
3. Utilities. The public water and wastewater systems
shall be utilized. (U)
4. 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
uni t as adj usted upward by any increase in the
Marshall and Swift Building Cost Index between July
1, 2006 and July 1 of the fiscal year in which the
paYment is made if paid after June 30, 2007.
b. Provided, however I 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.
-
c.
If, upon the mutual agreement of the Transportation
Department and the developer, the developer
provides road improvements (the "Improvements"),
other than those road improvements identified in
Proffered Condition 9, then the transportation
component in this Proffered Condition shall be
reduced by an amount not to exceed the cost to
construct the Improvements as determined by the
Transportation Department. Thereafter, the
developer shall pay the balance of the
transportation component as set forth in this
07-703
07/25/07
Proffered Condition. For the purposes of this
Proffered Condition, the costs, as approved by the
Transportation Department, shall include, but not
be limited to, the cost of right-of-way
acquisition, engineering costs, costs of relocating
utilities and actual costs of construction
(including labor, materials, and overhead)
("Work") . Before any Work is performed, the
applicant shall receive prior written approval by
the Transportation Department for any credit.
-"
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 and T)
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
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. (P)
---
6. Density. The total number of residential dwelling units
on the Property shall not exceed two residential units
per acre. (P)
7.
Right-of-Way Dedication - Powhite. Prior to any site
plan approval, 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 two hundred (200) foot wide
limited access right-of-way for powhite Parkway Extended
through the southern part of the Property as
substantially shown on Exhibit A prepared by E.D. Lewis
& Associates P.C. and dated May 31, 2007 (the ~Right-of-
Way"), or such other location mutually acceptable to the
developer and the Transportation Department, shall be
dedicated, free and unrestricted except as set forth in
this Proffer, to and for the benefit of Chesterfield
County. The exact location of the Right-of-Way shall be
approved by the Transportation Department. There shall
be no requirement to dedicate the Right-of-Way if, prior
to recordation of the initial subdivision plat or site
plan approval, whichever occurs first, the Board of
Supervisors approves an alternative location to the
Right-of-Way for the powhite Parkway Extended, and if
already dedicated and is no longer required as
determined by the Transportation Department, such Right-
"--"
07-704
07/25/07
of-Way shall be conveyed back to the developer upon its
written request and subject to approval by the Board of
Supervisors. (T)
8.
Right-of-Way Dedication - Genito. Prior to any site
plan approval, 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 southern side of Genito Road, measured
from the centerline of that part of Genito Road
immediately adjacent to the Property, shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
"-
9. Road Improvements. The developer shall provide the
following improvements with initial development of the
Property:
a. Construction of additional pavement along Genito
Road at the approved public road to provide left
and right turn lanes, if warranted, based on
Transportation Department standards;
b.
Widening/improving the south side of Genito Road to
an eleven (11) foot wide travel lane, measured from
the centerline of the road, with an additional one
(1) foot wide paved shoulder plus a seven (7) foot
wide unpaved shoulder and overlaying the full width
of the road with one and one half (1.5) inches of
compacted bituminous asphalt concrete, with
modifications approved by the Transportation
Department, for the entire Property frontage; and
-
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 the "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 - si te" right-
of-way, the developer shall be relieved of the
obligation to acquire the "off-site" right-of-way
and shall provide the road improvements within
available right-of-way as determined by the
Transportation Department. (T)
-
10. Genito Road Access. Direct vehicular access from the
Property to Genito Road shall be limited to two (2)
public roads. The exact location of these accesses
shall be approved by the Transportation Department. (T)
Ayes: Humphrey, King and Sowder.
Nays: Warren.
Absent: Miller and Warren.
07-705
07/25/07
Mr. Miller returned to the meeting.
Mrs. Humphrey excused herself from the meeting.
07SN0141
In Bermuda Magisterial District, ENON LLC requests rezoning
and amendment of zoning district map from Agricultural (A) to
Community Business (C-3) with Conditional Use to permit
multifamily and townhouse uses plus Conditional Use Planned
Development to permit exceptions to Ordinance requirements.
The density of such amendment will be controlled by zoning
condi tions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for community mixed use
and residential use of 4.0 dwellings per acre or less. This
request lies on 56.7 acres fronting approximately 330 feet on
the east line of North Enon Church Road approximately 1,000
feet north of East Hundred Road, also fronting approximately
3,410 feet on the south line of the CSX Railroad. Tax IDs
824-648-6539 and 826-648-3681.
--"
Ms. Rogers presented a summary of Case 07SN0141 and stated
the Planning Commission and staff recommended approval of the
rezoning and acceptance of the proffered conditions. She
stated the Planning Commission recommended approval of the
waiver to street connectivity requirements, indicating that
the waiver will eliminate the traffic impacts on Burgess
Road, which is a narrow street. She further stated staff
recommended denial of the waiver to street connectivity
requirements to Chestnut, Dover and York Streets, indicating
that it could best be addressed at the time of subdivision
review, and staff has expressed concerns that there is only
one way in and out of Burgess Road, which is subj ect to
flooding.
,-
Mr. Andy Scherzer, representing the applicant, stated the
proposed development will address a community need by
providing a gated access to Burgess Road, while protecting
the rural character of the neighborhood. He stated the
proposal has the full support of the Planning Commission, and
he requested the Board's support.
Mr. Miller called for public comment.
Mr. John Bishop, a resident of Burgess Road, stated the
neighbors have worked diligently with the applicant and
support the gated emergency access and the waiver to street
connectivity.
There being no one else to speak t.o the request, the public
hearing was closed.
Mr. King stated the applicant has worked diligently with the
community to address traffic concerns. He further stated he
concurs with the Planning Commission's recommendation.
'-'~'
Mr. King then made a motion, seconded
Board to approve the waiver to
requirements to Chestnut, Dover and York
by Mr. Warren, for the
street connectivity
Streets.
Ayes: Miller, King, Sowder and Warren.
Nays: None.
Absent: Humphrey.
07-706
,,_ J_ _ J^...
On motion of Mr. King, seconded by Mr. Sowder, the Board
approved Case 07SN0141 and accepted the following proffered
conditions:
1. Master Plan. The Texual Statement dated August 14, 2006
and revised June 18, 2007, shall be considered the
Master Plan. (P)
-
2. Density. The total number of dwelling units shall not
exceed 130 dwelling units. (P)
3. Connectivity. There shall be no public road access to
Chestnut Street, York Street. and Dover Street. An
emergency access road shall be provided from the
property to Dover Street prior to the occupancy of more
than fifty (50) units. This road shall be constructed
to accommodate access in case of emergency and shall be
gated to preclude its use other than during emergency
situations. Furthermore, the Dover Street right of way
shall be improved to accommodate access in case of
emergency. The exact design, location and maintenance
provisions of this access shall be reviewed and approved
by the Fire Department at the time of tentative
subdivision plan review. (P & F)
4. Open Space. A minimum of fifteen (15) percent of the
gross acreage shall be recorded as open space. (P)
5. Foundations. All exposed portions of the foundation and
exposed piers supporting front porches of each dwelling
unit shall be faced with brick, decorative masonry or
stone veneer or exterior insulation and finishing
systems (EIFS) materials. (P)
6. Special Setbacks and Buffers.
A. A twenty (20) foot tree preservation strip shall be
provided along the southern property line of any
residential lot having an area of 12,000 square
feet or greater. This strip shall be shown on the
record plat.
B. A twenty (20) foot landscaped setback shall be
maintained along the southern property line
immediately adjacent to any residential lot having
an area of less than 12,000 square feet. This
setback shall be landscaped in accordance with
Landscape "F" of the Zoning Ordinance except that a
six (6) foot high board on board privacy fence
shall be permitted in lieu of the screening options
in Section 19-518 (g) (8)c. The landscaping and
fence shall be installed concurrent with the
initial phase of residential development. This
setback shall be located within recorded open space
and shall be shown on the record plat for each lot
adjacent to the setback. (P)
7. Utilities. Public water and wastewater systems shall be
used. A waterline stub and fire hydrant shall be
provided at the terminus of Dover Street. (U)
07-707
07/25/07
8. Impacts on Capital Facilities. The applicant,
subdivider, or assignee (s) shall pay the following to
the County of Chesterfield, for infrastructure
improvements within the service district for the
property:
A.
Prior to the issuance of a building permit for each
dwelling unit, the applicant, subdivider, or
assignee(s) shall pay to the County of Chesterfield
the following amounts for infrastructure
improvement within the service district for the
property:
...-"
i. If payment is made prior to July 1, 2007,
$15,600.00 per dwelling unit;
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
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.
Cash proffer payments
purposes proffered or
law.
shall be spent for the
as otherwise permitted by
C.
Should any impact fees be imposed by the County of
Chesterfield at any time during the life of the
development that are applicable to the property,
the amount paid in cash proffers shall be in lieu
of or credited toward, but not be in addition to,
any impact fees, in a manner determined by the
County. (B & M)
....-'
9. 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
permit has been obtained from the Environmental
Engineering Department and the approved devices
installed. (EE)
10. Drainage. At time of subdivision or site plan review
the developer shall provide to the Environmental
Engineering Department proof of the following
calculation and/or provide for improvements as follows:
A.
The developer must analyze the culverts
Burgess Road that are generally located 300
north of Route 10, for a 10 year and 100
storm.
under
feet
year
"-
B. If the 100 year storm tops Burgess Road, the
developer, at time of the first phase of
construction, must provide a temporary means of
ingress and egress until that time which a
permanent access is tied into Burgess to the North
or upgrade the pipes to pass the 100 year if no
access is allowed.
07-708
__ 1__ J__
C. If a permanent access is allowed north of the
creek, the developer must still upgrade the pipes
if the study determines they cannot pass a 10 year
storm to meet current VDOT criteria for secondary
roads. (EE)
11. Road Improvements.
for the following:
The developer shall be responsible
A. Construction of additional pavement along Enon
Church Road at the approved access to provide right
and left turn lanes, if warranted, based on
Transportation Department standards;
B. Dedication to Chesterfield County, free and
unrestricted, 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 any improvement described in
Proffered Condition 11.A. , 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 - si te" right-
of-way, the developer shall be relieved of the
obligation to acquire the "off-site" right-of-way
and shall provide the road improvements within
available right-of-way, as determined by the
Transportation Department. (T)
12. Phasing Plan. Prior to any construction plan approval
or prior to any site plan approval, whichever occurs
first, a phasing plan for the required road
improvements, as identified in Proffered Condition 11,
shall be submitted to and approved by the Transportation
Department. (T)
13. Public Roads. In residential development, all roads
that accommodate general traffic circulation through the
development, as determined by the Transportation
Department, shall be designed and constructed to VDOT
standards and taken into the State System. (T)
-
14. Prior to any site plan approval, in conjunction with
recordation of the initial subdivision plat or within
ninety (90) days of a written request by the
Transportation Department, whichever occurs first,
forty-five (45) feet of right of way measured from the
centerline of North Enon Church Road adj acent to the
property shall be dedicated, free and unrestricted, to
and for the benefit of Chesterfield County. (T)
15. Direct vehicular access from the property to North Enon
Church Road shall be limited to one (1) public road
located at the southern property line. (T)
07-709
07/25/07
16. Prior to tentative subdivision approval, the developer
shall submit certification to the Planning Department
that the adjacent landowners have been notified in
writing of the submission of the tentative plan to the
County for review and approval. The tentative
subdivision application shall not be considered complete
until such certifi.cation has been submitted to the
Planning Department. The fifteen (15) day period for
appeals to the Planning Commission shall not commence
until such certification has been provided. (p)
~
Ayes:
Nays:
Absent:
Miller, King, Sowder and Warren.
None.
Humphrey.
Mr. King excused himself from the meeting.
07SN0181
In Clover Hill Magisterial District, TASCON GROUP INC.
requests rezoning and amendment of zoning district map from
Agricultural (A) to Multifamily Residential (R-MF) plus
Conditional Use Planned Development to permit exceptions to
Ordinance requirements. Residential use of up to 10.0 units
per acre is permitted in a Multifamily Residential (R-MF)
District. The Comprehensive Plan suggests the property is
appropriate for medium density residential use of 1.51 to 4.0
units per acre. This request lies on 21.8 acres fronting
approximately 580 feet on the southwest line of Reams Road at
its intersection with Winters Hill Place, also fronting the
western termini of Rockdale and Gallatin Roads. Tax ID 752-
698-3368.
'....,,;'
Ms. Rogers presented a summary of Case 07SN0181 and stated
the Planning Commission and staff recommended approval of the
rezoning and acceptance of the proffered conditions. She
further stated the Planning Commission recommended approval
of the waiver to street connectivity requirements to Gallitan
Road, indicating that the waiver was supported by the
neighborhood. She stated staff recommended denial of the
waiver to street connectivity requirements because evaluation
of the wai ver would be more appropriate through the
subdivision review process.
Mr. Andy Scherzer stated the applicant has worked diligently
with Planning Commissioner Russ Gulley and neighborhood
groups to address issues of land use transition. He further
stated the proposal offers a unique opportunity for
connectivity in two locations to parallel roads. He stated
the applicant will provide off-site road improvements to
address safety issues on Reams Road. He further stated the
proposal has the support of the neighborhood and the Planning
Commission, and he requested the Board's approval.
.--
Mr. Miller called for public comment.
No one came forward to speak to the request.
After brief discussion, Mr. Warren made a motion, seconded by
Mr. Sowder, for the Board to approve case 07SNOl8l and accept
the following proffered conditions:
07-710
n7/?~/n7
1. Master Plan. The Textual Statement dated September 8,
2006, and revised April 5, 2007, shall be considered The
Master Plan.
2. Utilities. Public water and wastewater systems shall be
used.
3. Density. Density shall not exceed four (4) dwelling
units per acre. (P)
4. 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 permit has been
obtained from the Environmental Engineering Department
and the approved devices installed. (EE)
5. Drainage. No drainage from impervious areas shall drain
to Gatewood Subdivision or Winters Hill Place
subdivision except for that small amount required by the
CORPS of engineers to hydrate any wetlands. (EE)
6. Construction Access. Construction traffic for the
initial development shall be limited to an access on to
Reams Road subject to review and approval by VDOT. (EE)
7. Sidewalks. Sidewalks shall be provided on both sides of
all street rights of way wi thin the development. The
exact treatment and location of these sidewalks shall be
approved by the Planning Department at the time of site
plan review. (P)
8. Streets Trees. Street trees shall be planted along each
side of the interior roads to include entrance roads
from public roads into the development. If existing
trees are maintained, they may be counted toward this
requirement. (P)
9. Fencing. A decorative fence with brick or stone columns
shall be provided along Reams Road frontage of the
Property, such columns are not to be spaced farther
apart than sixty (60) feet. A three (3) rail vinyl
fence shall be provided along the eastern and western
property lines adj acent to lots in Winters Hill Place
and Gatewood Subdivision. (P)
10. Driveways. All private driveways shall be hardscaped.
( P)
11. Building Materials and Elevations. Dwelling units shall
be constructed with materials such as brick or stone
veneer; composition, hardiplank, or vinyl siding; and
20-year asphalt shingles. Buildings shall have an
architectural treatment generally consistent with those
depicted in the rendering entitled "Tascon Reams Road -
Case #07SN0181". (P)
12. Foundation Treatment. All exposed portions of the
foundation and exposed piers supporting front porches of
each new dwelling unit shall be faced with brick, stone
veneer, decorati ve masonry or exterior insulation and
finishing systems (EIFS) materials. (P)
07-711
n7/?l:;/n7
13.
Garages. No more than fourteen (14) dwelling
shall be permitted to employ front loaded garages.
units
( p)
14.
Lighting. Light poles
fifteen (15) feet and
the interior roads
Departmen t . ( P)
shall have a maximum height of
shall be located generally along
as approved by the Planning
15. Open space/Recreation area. Open space/recreation area
shall be provided throughout the development, with a -""
minimum of 0.75 acres in the entrance area at Winters
Hill Place, to provide a "focal point" as one enters the
project. Part of the area shall be "hardscaped" and have
benches and other amenities that accommodate and
facilitate gatherings. The exact design and location
shall be approved by the Planning Department at the time
of site plan review. These amenities shall be developed
concurrent with the first phase of development. (P)
16. Restriction on Children's Play Facilities. The common
area recreational amenities shall not include playground
equipment, play fields or other facilities primarily
associated with children's play. (P)
17. Virginia Condominium Act. All multi-family dwelling
units on the Property 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)
18. 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 person under the age of 19 shall reside therein. (P)
--.
19. Impacts on Capital Facilities. The applicant,
subdivider, or assignee(s) shall pay the following, for
infrastructure improvements within the service district
for the property, to the county of Chesterfield prior to
the issuance of building permit per dwelling unit:
A. If payment is made prior to July 1, 2007, $1,354.00
per dwelling unit. At time of payment $1,354.00
will be allocated pro-rata among the facility costs
as follows: $602.00 for parks and recreation,
$348.00 for library facilities, and $404.00 for
fire stations; or
B.
If payment is made after June 30, 2007, the amount
approved by the Board of Supervisors not to exceed
$1,354.00 per dwelling unit pro-rated as set forth
in Proffered Condition 19.A. 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.
.~
C.
Cash proffer payments
purposes proffered or
law.
shall be spent for the
as otherwise permitted by
07-712
D. Should any impact fees be imposed by Chesterfield
County at any time during the life of the
development that are applicable to the property,
the amount paid in cash proffers shall be in lieu
of or credited toward, but not be in addition to,
any impact fees, in a manner determined by the
County. (B&M)
20. Transportation Contribution. The applicant, his
successor(s), or assignee(s) (the "Applicant") shall pay
to the County of Chesterfield prior to the issuance of
each building permit $8,915 per dwelling unit for each
dwelling unit in excess of a cumulative total of forty-
eight (48). In the event the improvements identified in
Proffered Condition 23 are provided, not by the
developer but by others, as determined by the
Transportation Department, then this payment shall be
made prior to the issuance of each building permit
within the property, regardless of the cumulative number
of dwelling units. If this amount is paid after June 30,
2007, the amount paid shall be adjusted upward by any
Board of Supervisors' approved increase in the Marshall
and Swift Building Cost Index between July I, 2006 and
July 1 of the fiscal year in which the payment is made.
In the event the actual cost to provide the improvements
identified in Proffered Condition 23 exceeds $427,920,
as determined by the Transportation Department, then the
transportation contribution in this Proffered Condition
shall be reduced by an amount equal to the difference of
the actual cost and $427,920. (T)
21. Access.
A. There shall be no direct vehicular access to Reams
Road and Gallitan Road, except as otherwise stated
in Proffered Condition 6.
B.
No dwelling units shall have sole access
Winters Hill Place or Gatewood Subdivisions.
p)
from
(T &
22. Road Improvements. In conjunction with the initial
development on the property, the owner/developer shall
be responsible for the following:
A. Widening/improving the south side of Reams Road to
an eleven (11) foot wide travel lane, measured from
the existing centerline of the existing Reams Road
right-of-way along that part of Reams Road
immediately adjacent to the Property, with an
additional one (1) foot wide paved shoulder plus a
seven (7) foot wide unpaved shoulder, and
overlaying the full width of the roads with one and
a half (1.5) inch of compacted bituminous asphalt
concrete, with any modifications approved by the
Transportation Department, for the entire property
frontage;
B.
Construction of additional pavement along
Road at the Winters Hill Place/Reams
intersection to provide a right and left turn
based on Transportation Department standards.
Reams
Road
lane,
07-713
07/25/07
C.
Dedication, free and unrestricted, to and for the
benefit of Chesterfield County of any additional
right of way required for these improvements. In
the event the developer is unable to acquire any
"off-site" right-of-way that is necessary for these
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 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)
23. Offsite Road Improvements. Prior to the issuance of any
certificates of occupancy, Reams Road shall be
reconstructed to VDOT Urban Minor Arterial (40mph)
standards from the centerline of Winters Hill Place west
to a distance of 700 linear feet, with any modifications
approved by the Transportation Department, and
additional pavement shall be constructed along the
northbound lanes of Reams Road to provide a taper at the
existing right turn lane that serves Wadsworth Drive.
The exact location, length and design of these
improvements shall be approved by the Transportation
Department. In the event the developer is unable to
acquire any "off-site" right-of-way that is necessary
for these 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 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)
24. Dedication.
a. All roads that accommodate general traffic
circulation through the development (the "Public
Roads If ) , as determined by the Transportation
Department, shall be designed and constructed to
VDOT standards and taken into the State System.
b.
Forty-five feet of right-of-way on the south side
of Reams Road measured from the centerline of the
existing Reams Road right-of-way along that part of
Reams Road immediately adjacent to the Property
shall be dedicated, free and unrestricted, to and
for the benefit of Chesterfield County in
conjunction with Site Plan approval or within sixty
(60) days from the date of a written request by the
Transportation Department, whichever occurs first.
(T)
Ayes: Miller, Sowder and Warren.
Nays: None.
Absent: Humphrey and King.
07-714
07/25/07
---"
~.
-,'
Mrs. Humphrey returned to the meeting.
Mr. Warren stated he is pleased that the applicant has
provided connectivity in two locations.
-
On motion of Mr. Warren, seconded by Mr. Miller, the Board
approved the waiver to street connecti vi ty requirements to
Gallitan Road.
Ayes: Miller, Humphrey, Sowder and Warren.
Nays: None.
Absent: King.
Mr. King returned to the meeting.
07SN0227
In Clover Hill Magisterial District, BRUCE M. GALLAGHER AND
RONDA B. GALLAGHER request renewal of Conditional Use (Case
04SN0279) and amendment of zoning district map to permit a
business (lawn care) incidental to a dwelling unit in an
Agricultural (A) District. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for residential use of 1.0-2.5 dwelling units per
acre. This request lies on 2.3 acres and is known as 5710
Qualla Road. Tax ID 746-675-9350.
Ms. Rogers presented a summary of Case 07SN0227 and stated
the applicants have purchased a property in the Brandermill
Trade Center to relocate the business and have been pursuing
obtaining site plan approval, as well as building permits.
She stated the Planning Commission recommended denial,
indicating that sufficient time has elapsed to allow
relocation, the use does not conform to the Central Area
Plan, and is incompatible with area development. She further
stated staff recommended approval and acceptance of the
proffered conditions, indicating that the use is proposed
temporarily while construction of a new office and shop are
completed on the Brandermill Trade Center property.
There was brief discussion regarding
diligence in relocating the business.
the
applicants'
Mr. William Shewmake, representing the applicants, stated the
applicants have worked diligently to relocate their small
business, by purchasing land, obtaining a site plan, and
placing the subj ect property on the market for sale. He
further stated the applicants must sell the subject property
before constructing the new facility, indicating that they
have not applied for a building permit because it only lasts
for six months. He noted that, as soon as the applicants
have a contract for the sale of the subject property, they
will immediately apply for a building permit. He provided
photographs of the subject property and stated the business
is not visible from the road and is not within a subdivision.
He noted that the developer of property across the street has
indicated that the business has had no impact on his sales.
He stated the applicant has requested renewal of the subject
property and relocate the business. He stated the applicants
07-715
07/25/07
are long-time residents of the
the Board should work with
requested the Board's support of
county and, in
small business
the request.
his opinion,
owners. He
Mr. Miller called for public comment.
Ms. Anne Ewell-Cosby, representing Mr. John Mitchell, Mr. and
Mrs. Cox and Mr. Jimmy Skelton, residents of Qualla Road
adjacent to the use, stated they oppose the request,
indicating that the business has been an anomaly in the
neighborhood. She further stated having a business next door
is inherently different than having a business incidental to
a dwelling. She stated staff recommended denial of the
request because it fails to comply with the Plan and is
inconsistent with existing and future development trends.
She expressed concerns that the permit expired May 2006, and
nothing was done by the applicants until the county sent a
notice of violation. She stated the Board has not seen the
rear yard of the subject property that the long-time
residents of Qualla Road can see and requested that the Board
consider the health, safety and welfare of the residents and
deny the request.
~
Mr. Gary Mitchell, son of Mr. John Mitchell, stated the
applicants already own property zoned agricultural on Spring
Run Road where they could operate their business. He noted
that the applicants' Conditional Use permit has already
expired.
Mr. Shewmake stated there are only four trips a day as a
result of this business. He provided photographs of the
well-kept subject property and neighboring properties and
stated the applicants are moving as quickly as possible to
sell the property. He requested that the Board allow the
applicants one year to relocate the business.
~
Mr. Warren stated he would not go beyond a year and would
like some assurance that it would not take more than a year
to relocate.
Mr. Shewmake stated he has fully advised the applicants that
they would not be granted a Conditional Use for more than a
year.
Discussion ensued relative to options for the applicants to
continue their business elsewhere.
Mr. Sowder
attractive
everything
possible.
stated it appears that this is an extremely
small business, and the applicants are doing
possible to move their business as rapidly as
He further stated he supports the request.
There being no one else to speak to the request, the public
hearing was closed.
..-/
Discussion ensued relative to
county to provide wetlands
facilitate development of the
the applicants working with
area on their new site
new Genito Road High School.
the
to
Mr. Warren stated he does not like granting exceptions to
those who are in violation, but he believes the applicants
have made a good faith effort to address the issue. He
07-716
n'7 II) I:;. In'7
further stated he will not support the conditional use for
more than one year.
Mr. Warren then made a motion for the Board to approve Case
07SN0227, not to exceed one year.
-
Mr. Miller seconded Mr. Warren's motion, indicating that he
sees this as small businesspeople 'who are trying to improve
their situation and keeps their property in excellent
condition.
Mr. Miller then called for a vote on the motion of Mr.
Warren, seconded by Mr. Miller, for the Board to approve Case
07SN0227 and accept the following proffered conditions:
1. This Conditional Use shall be granted to and for Bruce
M. Gallagher and/or Ronda B. Gallagher, exclusively, and
shall not be transferable or run with the land. (P)
2. The lawn care contractor's shop shall be located within
the two (2) existing detached accessory structures
(garage structure and shed). There shall be no further
additions or expansions to the existing buildings to
accommodate this use. (P)
3. The lawn care contractor's shop shall be permitted for a
maximum of twelve (12) months from the date of approval
of this request. (p)
4. There shall be no signs permitted to identify this use.
( p)
5. Hours of operation shall be restricted to between 7 a.m.
and 7 p.m. Monday through Saturday. No Sunday operation
shall be permitted. (P)
6. Except for a 400 square foot area used for mulch storage
adjacent to the existing garage and for storage within
the existing open carport structure attached to the
garage, outside storage shall not be permitted. (P)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Sowder excused himself from the meeting.
07SN0308 (Amended)
In Bermuda Magisterial District, EMERSON COMPANIES LLC
requests rezoning and amendment of zoning district map from
Agricultural (A) to Community Business (C-3) with 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
neighborhood mixed use uses. This request lies on 4.4 acres
fronting approximately 560 feet on the north line of East
Hundred Road approximately 1,300 feet west of Kingston
Avenue. Tax IDs 817-652-5138, 6725 and 8321.
07-717
07/25/07
Ms. Rogers presented a summary of Case 07SN0308 and stated
staff has recommended that the applicant limit the access to
the property to a single ingress and egress located
approximately mid-way of the property frontage. She stated
the Planning Commission recommended approval and acceptance
of the proffered conditions, indicating that the proffered
conditions adequately protect the adjacent neighborhood. She
further stated staff recommended denial because the proposed
zoning and land uses do not conform to the Consolidated
Eastern Area Plan. She further stated the applicant has
requested a setback exception along Route 10 that is
inconsistent with the recently adopted standards along this
portion of the Route 10 corridor, and the Transportation
Department has recommended that access be limited to one
entrance/exit and the applicant desires two. She stated the
applicant has not agreed to road improvements along Route 10
to include an additional lane of pavement, a separate right
turn lane and a sidewalk.
--'
Ms. Carrie Coyner, representing the applicant, stated after
meeting with neighbors, the applicant has limited the uses
and agreed not to request a buffer reduction between the
subj ect property and the adj acent neighborhood. She stated
the Virginia Department of Transportation will address
transportation improvements at the time of site plan review,
and therefore it is unnecessary at this time. She requested
the Board's approval.
Mr. Miller called for public comment.
No one came forward to speak to the request.
Mr. King stated the community meetings were well attended,
and he believes this is an appropriate place for business.
He noted that the Planning Commission recommended unanimous
approval of the request.
-"
Mr. King then made a motion, seconded by Mrs. Humphrey, for
the Board to approve Case 07SN0308 and accept the following
proffered conditions:
The Contract Purchaser-Applicant in this zoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County,
for itself and its successors or assigns, proffers that the
development of the properties known as Chesterfield County
Tax IDs 817-652-5138, 817-652-8321, and 817-652-6725 from A
to C-3 will be developed as set forth below; however, in the
event the request is denied or approved with conditions not
agreed to by the Applicant, these proffers and conditions
shall be immediately null and void and of no further force or
effect.
1.
Timbering. Except for the timbering approved by the
Virginia State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance
permi t has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. (EE)
-'
07-718
07/25/07
2. Transportation.
Dedications/Recordation.
Prior to any site plan approval or within 60 days from a
written request by the Transportation Department,
whichever occurs first, one-hundred (100) feet of right
of way 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.
Access.
Direct vehicular access from the property to Route 10
shall be limited to two (2) entrances/exits. The exact
location of these accesses shall be approved by the
Transportation Department. Prior to any site plan
approval, access easements, acceptable to the
Transportation Department, shall be recorded across the
property to provide shared use of these accesses with
adjacent properties. (T)
3. Use limitations.
The following C-3 uses shall not be permitted on the
property:
a) indoor flea markets
b) park and ride lots;
c) taxidermies;
d) cocktail lounges and nightclubs;
e) feed, seed and ice sales;
f) motor vehicle washes;
g) hospitals;
h) theaters, except drive-in theaters;
i) veterinary hospitals and/or commercial
kennels. (P)
4. Utilities. The public wastewater system shall be used.
(U)
5.
Buffers required by the zoning Ordinance may
waived and/or modified through site plan review.
not
( P)
be
6. Storm Water Retention. The developer will retain the
two (2), ten (10) and one hundred (100) year post
development runoff and release at the two (2), ten (10)
and one hundred (100) year predevelopment rate. (EE)
7. Textual Statement. In conjunct:ion with the approval of
this request, the Textual Statement dated May 24, 2007,
shall be approved. (P)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Sowder.
Mr. Sowder returned to the meeting.
07-719
07/25/07
17. PUBLIC HEARINGS
17.B. TO CONSIDER THE FY2008 SECONDARY ROAD IMPROVEMENT
BUDGET
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider the Virginia
Department of Transportation's FY2008 Secondary Road
Improvement Budget for Chesterfield County. He further
stated the proposed $7.1 million would be allocated to
various projects throughout the county, including railroad
crossings and bridge repairs.
......",
There was brief discussion relative to whether or not the
state would follow through and provide the proposed secondary
road improvement funding to the county.
Mr. Ramsey expressed concerns relative to inadequacy of state
funding to meet the county's road needs and encouraged the
Board to take another look at the road plan they supported at
last year's Transportation Summi t . He commended Mr. Dale
Totten, the county's resident engineer for VDOT, on the good
job he does with the funding he is provided by the state.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, the Virginia Department of Transportation
(VDOT) has submitted its proposed FY2007-2008 Secondary Road
Improvement Budget to the county; and
'--
WHEREAS, the FY2007-2008 budget represents the
implementation of the second year of VDOT's Six-Year
Improvement Plan adopted by the Board in 2006.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors approves the FY2007-2008
Secondary Road Improvement Budget as presented by VDOT.
(It is noted the projects proposed for funding are outlined
in the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
17.C. TO CONSIDER AN ORDINANCE TO ESTABLISH THE "KNOLLWOOD
DRIVE WATER ASSESSMENT DISTRICT"
Principal Engineer Randy Phelps stated this date and time has
been advertised for a public hearing for the Board to
consider an ordinance to establish the "Knollwood Drive Water
Assessment District. If He further stated staff has learned
that the ownership of one of the included properties has
recently changed, and the County Attorney has advised that
the public hearing should be deferred until August 22, 2007
to allow sufficient time to re-advertise.
-'
07-720
07/25/07
In response to Mr. Sowder's question, Mr. Phelps stated the
residents were notified by certified mail of the deferral.
Mr. Miller called for public comment.
No one came forward to speak to the deferral.
On motion of Mr. Sowder, seconded by Mr. King, the Board
deferred the public hearing to consider an ordinance to
establish the "Knollwood Drive Water Assessment District"
until August 22, 2007.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
17.D. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A
SIXTEEN-FOOT EASEMENT ACROSS LOT 25, GRAND SUMMIT
SUBDIVISION
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider an ordinance to
vacate a portion of a 16-foot easement across Lot 25, Grand
summit Subdivision.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Sowder, seconded by Mr. Warren, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to DEBRA ADAMS
CLARKE, ("GRANTEE"), a portion of a 16' easement
across Lot 25, Grand Summit Subdivision, MIDLOTHIAN
Magisterial District, Chesterfield County,
Virginia, as shown on a plat thereof duly recorded
in the Clerk's Office of the Circuit Court of
Chesterfield County in Plat Book 31, at Page 33.
WHEREAS, DEBRA ADAMS CLARKE, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate a
portion of a 16' easement across Lot 25, Grand Summit
Subdivision, MIDLOTHIAN 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 31, Page 33, by J. K. TIMMONS & ASSOCIATES, INC.,
dated MARCH 20, 1977, recorded MAY 19, 1978. The portion of
easement petitioned to be vacated is more fully described as
follows:
A portion of a 16' easement, across Lot 25, Grand
Summit Subdivision, the location of which is more
fully shown on a sketch by L H DESIGNS, attached
hereto and made a part of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portion of easement sought to be vacated.
07-721
07/25/07
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid portion of easement
be and is hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk I s Office of
the Circui t Court of Ches terf ield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
-~
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title of the portion of easement hereby vacated in
the property owner of Lot 25, Grand Summit Subdivision, free
and clear of any rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and DEBRA
ADAMS CLARKE, or her successors in title, as GRANTEE.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
17.E. TO CONSIDER AN ORDINANCE TO VACATE A TEN-FOOT EASEMENT
AND A TWENTY-FOOT EASEMENT ACROSS BLOCK F, 60 WEST
COMMERCIAL PLAZA, SECTION B
--"
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider an ordinance to
vacate a 10-foot easement and a 20-foot easement across Block
F, 60 West Commercial Plaza, Section B.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to EVANS RESEARCH,
LLC, a Virginia limited liability company, and
FIRST MARKET BANK, F. S. B., a federally Chartered
savings institution, ("GRANTEES"), a 10 I easement
and a 20' easement within Block F, 60 West
Commercial Plaza, Section B, CLOVER HILL
Magisterial District, Chesterfield County,
Virginia, as shown on a plat thereof duly recorded
in the Clerk's Office of the Circuit Court of
Chesterfield County in Plat Book 19, at Page 84.
--
WHEREAS, EVANS RESEARCH, LLC, a Virginia limited
liability company, petitioned the Board of Supervisors of
Chesterfield County, Virginia to vacate a 10 I easement 20'
07-722
07/25/07
easement within Block F, 60 West Commercial Plaza, Section B,
CLOVER HILL 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 19, Page 84, by AMERICAN ENGINEERS, dated NOVEMBER I,
1972, recorded DECEMBER 12, 1972. The easements petitioned
to be vacated are more fully described as follows:
A 10' easement and a 20' easement within Block F,
60 West Commercial Plaza, Sect:ion B, the location
of which is more fully shown on a plat made by
BALZER AND ASSOCIATES, INC., dated MAY 30, 2007,
revised JULY 2, 2007, 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 easements sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid easements be and
are hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title of the easements hereby vacated in the
underlying owners of Block F, 60 West Commercial Plaza,
Section B 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 EVANS
RESEARCH, LLC, a Virginia limited liability company, and
FIRST MARKET BANK, F.S.B., a federally Chartered savings
institution, or their successors in title, as GRANTEE.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
17.F. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF UTILITY EASEMENTS FOR THE BENEFIT OF
VIRGINIA ELECTRIC AND POWER COMPANY, VERIZON VIRGINIA
INCORPORATED, AND COLUMBIA GAS OF VIRGINIA TO PROVIDE
UTILITIES TO THE BERMUDA AREA SCHOOLS SITE
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider the exercise of
07-723
07/25/07
eminent domain for the acquisition of utility easements for
the benefit of Virginia Electric and Power Company, Verizon
Virginia Incorporated, and Columbia Gas of Virginia to
provide utilities to the Bermuda Area Schools Site.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
authorized the County Attorney to proceed with eminent domain
for the acquisition of easements across the property of
Atlantic Baptist Bible College, 541 Baptist Drive, PIN:
817648326000002 and 545 Baptist Drive, PIN: 817648326000001,
500 Baptist Drive PIN: 818648459100001 and 600 Baptist Drive,
PIN: 818648459100002 for the benefit of Virginia Electric and
Power Company, Verizon Virginia Incorporated, and Columbia
Gas of Virginia to provide utilities to the Bermuda Area
Schools Site.
And, further, the Board authorized staff to enter and take
such easements prior to the eminent domain proceedings.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
18. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Ron Baddorf encouraged the Board adopt resolutions
similar to those recently adopted in Prince William and
Loudoun counties, and to enforce existing laws, regarding
illegal aliens. He expressed concerns that taxpayers are
subsidizing education and other benefits of illegal aliens,
indicating that this could be better spent on legal citizens.
He provided the Board with a list of ten items relative to
illegal aliens for the Board to consider adopting resolutions
to address.
Mr. Warren stated the Board has been briefed on the subject
of providing benefits to illegal aliens. He requested that
the information provided by Mr. Baddorf be reviewed by the
County Administrator to determine which of the requested
resolutions are feasible.
Mr. Miller stated county staff is preparing a report, at the
Board's request, to determine the cost of providing services
to illegal aliens, what the county is currently doing to
address this issue, as well as what can be done. He further
stated the county also agreed to consider entering into a
coalition of other counties and governments to address this
issue. He thanked Mr. Baddorf for addressing the Board
regarding this issue and requested that he follow the issue
and, at the appropriate time, return for a public hearing,
and bring as many people with him as possible, to speak to
this issue.
..'
Mr. Sowder stated he hopes Mr. Baddorf will return and
address the Board when this issue comes before the Board.
Mr. John
Virginia
Kwapisz, a
Chapter of
county resident and
the American Council
member of the
for Immigration
07-724
07/25/07
--'"
-.-'
'--/
Reform, requested that the Board consider enacting
resolutions similar to those in Prince William and Loudoun
counties. He stated the federal government has failed to
enforce the borders and protect our citizens from invasion by
illegal aliens, noting that the effects are being felt
locally across the country and are detrimental to the
citizens of local communities. He further stated there are
legitimate grounds for local communities and state
governments to take action, and he is encouraged to hear that
Chesterfield is considering doing so. He expressed concerns
relative to problems that exist as a result of illegal aliens
and urged the Board to move forward wi th ordinances to
address this issue. He provided Board members with copies of
the resolutions and legislation adopted by Prince William and
Loudoun County, as well as documentation regarding the
Immigrations and Customs Enforcement (ICE) program.
Mr. Warren suggested that both Mr. Baddorf and
briefed with the same information provided
regarding this issue.
Mr. Kwapisz be
to the Board
Mr. Miller stated staff is attempting to quantify the issue
and then provide options for the Board to best address it,
within the framework of the law. He further stated he agrees
that the federal government has been a total failure in
addressing illegal aliens. He expressed concerns that the
businesses who utilize illegal aliens do not want to see the
issue addressed. He thanked Mr. Kwapisz for addressing the
Board and urged him to be involved when the issue comes
before the Board.
Mr. Ramsey stated the county's Sheriff and Police Departments
have utilized the ICE Program and are doing everything the
immigration laws allow, noting that there have been 33
deportations this year as a result o:E the program.
19 . ADJOURNMENT
On motion of Mr. Warren, seconded by Mr. Sowder, the Board
adjourned at 11:13 p.m. until August 22, 2007 at 3:00 p.m.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
af-RiY~J
County Administrator
07-725
07/25/07