02-27-2002 MinutesBOARD OF SUPERVISORS
MINUTES
February 27, 2002
Supervisors in Attendance=
Mr. Kelly E. Miller, Chairman
Mr. Arthur S. Warren, Vice Chrm.
Mr. Edward B. Barber
Mrs. Renny Bush Humphrey
Mr. J. L. McHale, III
Mr. Lane B. Ramsey
County Administrator
Others Present:
Dr. James Schroeder, School
Board Chairman
Mrs. Elizabeth Davis, School
Board Vice Chairman
Mr. Lloyd Lenhart, Matoaca
School Board Representative
Mrs. Dianne Pettitt, Clover Hill
School Board Representative
Mr. Marshall Trammell, Jr.,
Bermuda School Board Rep.
Staff in Attendance:
Mr. Skip Auld, Acting
Dir., Libraries
Colonel Carl R. Baker,
Police Department
Mr. Craig Bryant, Dir.,
Utilities
Mr. Kevin Bruny, Asst.
Dir., Human Resource
Management
Dr. Billy Cannaday, Jr.,
Supt., School Board
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Richard Cordle,
Treasurer
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Ms. Rebecca Dickson, Dir.,
Budget and Management
Mr. James Dunn, Dir.
Economic Development
Ms. Lisa Elko,
Clerk
Chief Stephen A. Elswick,
Fire Department
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Thomas E. Jacobson,
Dir., Planning
Mr. Donald Kappel, Dir.,
Public Affairs
Ms. Kathryn Kitchen, Asst.
Supt. of Schools for
Business and Finance
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Dr. William Nelson,
Dir., Health Dept.
Mr. Glen Peterson, Dir.,
Community Diversion
Incentive Program
Mr. Francis Pitaro, Dir.,
General Services
Ms. Sarah Snead, Dir.,
Social Services
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Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Thomas Taylor, Dir.,
Block Grant Office
Mr. Miller called the regularly scheduled meeting to order at
3:40 p.m.
1. APPROVAL OF MINUTES FOR FEBRUARY 13, 2002
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved the minutes of February 13, 2002, as submitted.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
There were no County Administrator's comments at this time.
3. BOARD COMMITTEE REPORTS
There were no Board committee reports at this time.
4. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN
THE ORDER OF PRESENTATION
On motion of Mr. McHale, seconded by Mr. Barber, the Board
replaced Item 8.C.7., Conveyance of Easement to Verizon
Virginia Incorporated to Install Underground Cable to Serve
Winterpock Fire Station; added Item 8.C.15., Authorization
for the Dankos Family Trust to be a Co-Applicant for Case
01SN0121; added Item 8.C.16., Request that the Planning
Commission Study and Recommend an Ordinance Amendment for
Lighting Standards in A, R, R-TH, R-MF or MH Districts for
Non-Residential Use; added Item 8.C.17., Amendment to Board
Minutes of January 23, 2002; and adopted the Agenda, as
amended.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
5.A. RECOGNIZING MAJOR DAVID P. HOPE, POLICE DEPARTMENT,
UPON HIS RETIREMENT
Colonel Baker introduced Major David Hope who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Major David P. Hope will retire from the
Chesterfield County Police Department on March 1, 2002 after
providing over 25 years of quality service to the citizens of
Chesterfield County; and
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WHEREAS, Major Hope has faithfully served the county in
the capacity of Patrol Officer, Investigator, Sergeant,
Lieutenant, Captain, and Major; and
WHEREAS, in 1977, Major Hope was selected as Police
Officer of the Year; and
WHEREAS, Major Hope was one of three co-founders and
advisors of the Law Enforcement Explorer Post 609, and has
served as General Instructor, Firearms Instructor and Driver
Instructor; and
WHEREAS, Major Hope graduated from the 194th class of
the F.B.I. National Academy; and
WHEREAS, Major Hope received a Chief's Commendation for
the bravery and professionalism exhibited by him during the
apprehension of a suspect who had fired upon him and others
while they were attempting to capture a suspect who had tried
to run down an officer with a pick-up truck; and
WHEREAS, Major Hope was commended for the publication of
the "Physical Fitness Assessment and Education Plan of the
Chesterfield County Police Department" article that appeared
in the January 1981 issue of The Police Chief Magazine; and
WHEREAS, Major Hope received a Certificate of
Achievement for his outstanding contribution in presenting
~'Community Policing" to the members of the Chesterfield
County Police Department; received a Certificate of
Achievement for his supervision of the Accreditation Team;
and through his leadership and guidance, a great deal of hard
work and dedication was put into the accreditation efforts by
all team members, which resulted in the Chesterfield County
Police Department receiving accreditation; and
WHEREAS, Major Hope has provided the Chesterfield County
Police Department with many years of loyal and dedicated
service; and
WHEREAS, Chesterfield County and the Board
Supervisors will miss Major Hope's diligent service.
of
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes Major David
P. Hope, 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.
A_ND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Major Hope, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. Miller presented the executed resolution and a Jefferson
Cup to Major Hope, accompanied by his significant other and
Colonel Baker, expressed appreciation for his dedicated
service to the county, and wished him well in his retirement.
Major Hope expressed appreciation for the recognition and
stated that he feels the Chesterfield County Police
Department and the county government is the best in the
nation.
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5.B. RECOGNIZING MRS. JEAN P. JOYNER, TREASURER'S OFFICE,
UPON HER RETIREMENT
Mr. Cordle introduced Mrs. Jean Joyner who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mrs. Jean P. Joyner will retire on March 1,
2002 after providing over twenty-five years of dedicated and
faithful service to Chesterfield County; and
WHEREAS, Mrs. Joyner accepted employment with the
Utility Department originally in 1955 as a Supervisory
Account Clerk, where she worked for eight years until the
birth of her daughter; and
WHEREAS, Mrs. Joyner returned to work for Chesterfield
County in the Treasurer's Office as a part-time Account Clerk
in 1980 until she was hired as a full-time Senior Account
Clerk in 1985; and
WHEREAS, Mrs. Joyner has witnessed tremendous growth in
Chesterfield County and in the associated workload processed
by the Treasurer's Office; and
WHEREAS, Mrs. Joyner has actively participated in the
development of many of the automated processes implemented as
a result of Chesterfield County's growth, and was
particularly instrumental in helping initiate Chesterfield
County's participation in the Commonwealth of Virginia's
Department of Taxation Set-Off Debt Program; and
WHEREAS, through her committed and unwavering
dedication, Mrs. Joyner has efficiently collected millions of
dollars for Chesterfield County through the aforementioned
tax program; and
WHEREAS, Mrs. Joyner has worked tirelessly to offer
uncompromising customer service to the citizens of
Chesterfield County; and
WHEREAS, Mrs. Joyner has consistently exemplified the
qualities of professionalism, trust, commitment, integrity,
honor, humility and teamwork in the performance of her
duties; and
WHEREAS, Mrs. Joyner has demonstrated her commitment and
loyalty to Chesterfield County and the quality culture
through her consistently positive attitude and happy
disposition that will leave a tremendous void upon her
departure.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes Mrs. Jean P.
Joyner and extends it appreciation for her twenty-five years
of dedicated service to the county, congratulations upon her
retirement, and best wishes for a long and happy retirement.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. Miller presented the executed resolution and Jefferson
Cup to Mrs. Joyner, accompanied by members of her family and
Mr. Cordle, expressed appreciation for her dedicated service
to the county, and wished her well in her retirement.
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Mrs. Humphrey expressed appreciation to Mrs. Joyner for
teaching her the value of customer service during her
employment with the Treasurer's Office as a high school and
college student.
Mrs. Joyner expressed appreciation to the Board for the
recognition and stated that she has enjoyed working for
Chesterfield County.
6. WORK SESSIONS
o COUNTY ADMINISTRATOR'S FY2003 PROPOSED BUDGET INCLUDING
PRESENTATIONS FROM THE HUMAN SERVICES DIVISION AND SCHOOL
BOARD
Mr. Ramsey introduced Ms. Curtin to provide an update
relative to the state budget and other legislative issues.
Ms. Curtin reviewed potential FY2003 state budget impacts in
various areas. She stated that the House and Senate budgets
introduced on February 17, 2002 have approached the crafting
of the state budget very differently and will result in a
difficult budget conference negotiation. She further stated
that the County Budget Department has estimated an impact of
between $3.5 million and $4.5 million for FY2003. She stated
that House Bill 1299 relative to nonconforming
use/manufactured housing was reported out of committee and
will go to the full General Assembly.
Mr. McHale expressed concerns that House Bill 1299 would
destroy the county's manufactured home ordinance.
Mr. Miller expressed concerns that House Bill 1299 would
defeat all of the county's efforts to help residents of
mobile home parks, and stated that he feels there should be
more communication between the Board and the county's
legislative delegation.
Discussion ensued relative to House Bill 1130 which, if
adopted, would undermine the mandatory connection to the
county's water system.
Mr. Barber stated that he feels communication with
constituents is a very effective tool for Board members,
noting that constituents are interested when made aware of
the issues.
Ms. Curtin reviewed the remainder of the state's budget
schedule.
Mr. Ramsey then called forward Mr. Hammer to present Human
Services' FY2003 proposed budget.
HUMAN SERVICES PRESENTATION
Mr. Hammer reviewed Human Services programs that will be
impacted by state budget reductions and stated that the most
critically impacted program will be the Virginia Juvenile
Community Crime Control Act (VJCCCA) . He stated that the
state is now funding more Human Services programs using
federal Medicaid funds and indicated that because the
Department of Medical Assistance Services does not change its
rates on a regular basis, higher compensation and operating
costs are not fairly reimbursed. He further stated that the
state will shift the responsibility of mental health, mental
retardation and substance abuse programs to local governments
and indicated that the Community Services Board is
implementing a new business plan to address these changes.
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He stated that the state is gradually transforming the role
of local health departments, and commended Dr. Cannaday for
the School Board's support for seven school nurses. He
further stated that the state will gradually cut Social
Services by eight percent by FY2006, indicating that probable
cut areas include eligibility administration; the general
relief program; and the quality childcare program. He
reviewed customer ratings of the Department of Social
Services. He stated that a growing seniors population will
present new challenges for the county.
Discussion ensued relative to the possibility of a local
match for the proposed Medicare prescription drug program, if
approved.
Mr. Hammer stated that the proposed budget provides for
additional funding in Parks and Recreation for operating new
facilities and renovation of older facilities. He reviewed
total park visitors and the number of individuals enrolled in
recreation programs from FY97 through FY2001. He stated that
the state has been unable to honor its commitment to pay 50
percent of the cost of workers for the new Juvenile Detention
Home. He further stated that the facility will operate on 60
rather than the 90 beds it was designed to serve.
Discussion ensued relative to the number of beds necessary to
fully operate the Juvenile Detention Home.
Mr. Hammer stated that the VJCCCA provides for a variety of
detention diversion services, probation staff, parenting
programs and special counseling and treatment services for
Juvenile Court, and indicated that state budget cuts will
result in fewer treatment alternatives and more juveniles
being referred to detention. He further stated that
alternative programs for adults to avoid incarceration are
extremely busy and need more staff to expand. He noted that
the proposed budget addresses this need. He stated that
Comprehensive Services Administration costs continue to rise
and will require structural changes to control escalating
vendor costs. He reviewed local Human Services initiatives
to address budget impacts.
Mr. Miller thanked Mr. Hammer for his
presentation.
informative
SCHOOL BOARD PRESENTATION
Dr. Cannaday came forward to present the School Board's
proposed FY2003 budget. He reviewed projected revenue
increases and stated that the School Board has met its fiscal
challenges through redirecting resources. He stated that the
proposed FY2002-2004 Financial Plan was prepared using four
guiding principles - being strategic; aligning resources;
acting responsibly; and being accountable. He reviewed
increases in revenue and stated that state revenue generally
always increases in the first year of the biennium, primarily
because costs associated with maintaining the standards of
quality are recalculated. He further stated that the
proposed budget is based on an anticipated growth in
enrollment of 700 students. He noted that the composite
index that determines the county's amount of state aid went
down because of increased student population compared with
other jurisdictions in the state, resulting in a $3.5 million
increase in state funding. He reviewed needs that were not
funded after review by staff and the Budget Review Committee,
including staff development; special needs teachers;
maintenance positions; technical center programs; additional
guidance services; and lower teacher/student ratios. He then
reviewed funding priorities of the proposed budget in the
area of preparing each student for success, including student
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growth; class size reduction; textbook adoptions; school
allocations; elementary remediation; summer school;
Chesterfield Community High School; specialty center
expansion; regional program tuition; special populations
services and homebound instruction. He reviewed funding
priorities relative to being a ~'First Choice" employer,
including salary increase; longevity award; health insurance;
National Board Certified Teacher supplement; supplemental
retirement; and retiree health care credit. He reviewed
funding priorities relative to providing a '~safe and
effective learning environment," including facility
maintenance; school resource officers; new Matoaca High
School; bus replacements; technology support; and county
provided services. He stated that the total FY2003 operating
budget, exclusive of grants, is $375,449,000 - a balanced
budget within revenue projections. He reviewed challenges
for FY2004, including debt commitments; staffing and services
for student growth; current federal, state and local
mandates; employee benefit package; five-year textbook
adoption plan; 13-year bus replacement cycle; and minimum
facility maintenance needs. He stated that the FY2004
planning budget does not include instructional initiatives to
support higher student standards and accountability; salary
increases for employees; staffing for growth of special needs
students; and new mandates of the Leave No Child Behind Act.
He reviewed high debt initiatives that will compete with
other needs and noted that continued growth will be a
challenging issue.
Discussion ensued relative to School Board grant funding.
Mr. Warren stressed the importance of requiring developers to
address impacts on the county's school system.
Dr. Cannaday stated that the school system is challenged with
having an array of options to deal with growth including
building new facilities; adding on to additional facilities;
and moving students to less populated facilities. He further
stated that staff must determine whether the assumptions
relative to student enrollment are still valid.
Mrs. Humphrey stated that she is anxious to move students
from challenged growth areas to less populated schools.
When asked, Dr. Cannaday stated that the figures for
addressing the impact of development upon schools are updated
annually.
Mr. Miller expressed appreciation to Dr. Cannaday for his
informative presentation.
7. DEFERRED ITEMS
There were no deferred items at this time.
8. NEW BUSINESS
8.A. AUTHORIZATION TO ADVERTISE TAX RATES FOR FY2003
BIENNIAL FINANCIAL PLAN AND SET PUBLIC HEARINGS
Ms. Dickson stated that staff is requesting authorization to
advertise tax rates as outlined in the papers of this Board,
the Proposed FY2003 Biennial Financial Plan, the Proposed
FY2003-2008 Capital Improvement Program, the FY2003 Community
Development Block Grant Program, the continued phase-in of
the water connection fee and accompanying utilities
ordinance, increased Planning Department development review
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2/27/02
fees and accompanying ordinance. She noted that the County
Administrator's recommendation is to advertise the $1.08 real
estate tax rate which will allow the Board flexibility to
adopt that rate or something less on April 10, 2002.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the advertisement of tax rates, Proposed FY2003
Biennial Financial Plan, FY2003-2008 Capital Improvement
Program, the FY2003 Community Block Grant Program, and other
ordinance changes and set the date of March 27, 2002
beginning at 7:00 p.m. for public hearings to consider these
items.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.B. APPOINTMENTS
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
suspended its rules at this time to allow for simultaneous
nom±nation/appointment/reappointment of members to serve on
the Youth Services Citizen Board; Drug and Alcohol Abuse Task
Force; and Preservation Committee.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.B.1. YOUTH SERVICES CITIZEN BOARD
On motion of Mr. Warren, seconded by Mr. McHale, the Board
simultaneously nominated/appointed Ms. Lindsey Bottorf,
representing the Clover Hill District, to serve as a youth
member on the Youth Services Citizen Board, whose term is
effectively immediately and expires June 30, 2002. (It is
noted Ms. Bottorf will fill the unexpired term of Ms. Ashley
Diersen.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.B.2. DRUG AND ALCOHOL ABUSE TASK FORCE
On motion of Mr. Warren, seconded by Mr. Barber, the Board
simultaneously nominated/appointed Dr. Bancroft Greene to
serve on the Drug and Alcohol Abuse Task Force, whose term is
effective immediately and will be at the pleasure of the
Board.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.B.3. PRESERVATION COMMITTEE
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
simultaneously nominated/reappointed Ms. Mary Ellen Howe, Mr.
James V. Daniels, Mr. J. Carl Morris, Mr. G. M. "Skip"
Wallace, Mr. Bryan Walker, Mr. Douglas Woolfolk and Mr. John
V. Cogbill to serve as at-large members on the Preservation
Committee, whose terms are effective March 12, 2002 and
expire March 9, 2005.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
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8. C. CONSENT ITEMS
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
removed the following items from the Consent Agenda to allow
for public comment: Item 8.C.l.d., Adoption of Resolution
Supporting House Joint Resolution 81 Restoring Our Freedom to
Pray; and Item 8.C.3., Adoption of Proposed Amendments to the
"Guidelines for Review of Substantial Accord Determinations
and/or Zoning Approval for Communications Tower Locations."
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.1. ADOPTION OF RESOLUTIONS
8.C.l.a. RECOGNIZING MARCH 2002, AS ~PURCHASING MONTH"
On motion of Mr. Warren, seconded by Mr. McHale, the Board
adopted the following resolution:
WHEREAS, the purchasing and materials management
profession has a significant role in the quality, efficiency
and profitability of business and government throughout the
United States; and
WHEREAS, the purchasing and materials management
profession works for private and public, and profit and
nonprofit organizations; and
WHEREAS, in addition to the purchase of goods and
services, the purchasing and materials management profession
engages in or has direct responsibility for functions such as
executing, implementing and administering contracts;
developing forecast and procurement strategies; supervising
and/or monitoring the flow and storage of materials; and
developing working relations with suppliers and with other
departments within the organization; and
WHEREAS, the purchasing and materials management
profession has tremendous influence on the economic
conditions in the United States, with an accumulative
purchasing power running into the billions of dollars; and
WHEREAS, purchasing or procurement operations range from
departments of one person to several thousand; and
WHEREAS, governmental purchasing and other associations
around the world are sponsoring activities and special events
to further educate and inform the general public on the role
of purchasing within business, industry and government.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby recognizes the month of
March 2002, as "Purchasing Month" in Chesterfield County and
encourages all citizens to join in commemorating this
observance.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.l.b. RECOGNIZING MARIAN E. SWANN, GENERAL SERVICES, UPON
HER RETIREMENT
On motion of Mr. Warren, seconded by Mr. McHale, the Board
adopted the following resolution:
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WHEREAS, Mrs. Marian E. Swann will retire from the
Building and Grounds Division of the Chesterfield County
Department of General Services on March 1, 2002 after more
than sixteen years of superior public service; and
WHEREAS, Mrs. Swann was hired in July 1985 as a part
time Custodian, and as a result of her positive attitude,
superior customer service, motivation and initiative, was
placed into a full time Custodian position in April 1986,
after a very short time as a part time employee; and
WHEREAS, throughout her career, Mrs. Swann has
maintained a personal objective to ensure excellence and
quality in the custodial services that she provided in the
Chesterfield County government facilities; and
WHEREAS, in addition to expert custodial skills, Mrs.
Swann also possesses excellent leadership skills that enable
her to view situations from a "Can Do" perspective that has
paved the way for her to consistently exceed the expectations
of her job by always going the extra mile in providing the
best possible service to the employees and customers; and
WHEREAS, over the span of her career with the county,
Mrs. Swann has frequently received recognition and
compliments for the service and assistance she provided.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes Mrs. Marian E. Swann
for more than sixteen years of superior service to the
county, and extends on behalf of its members and the citizens
of Chesterfield County, congratulations upon her retirement
and best wishes for the future.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.l.c.
REQUESTING THE yIRGINIA DEPARTMENT OF
TRANSPORTATION APPROVE INDUSTRIAL ACCESS FUNDS FOR
THE RECONSTRUCTION PROJECT FOR MEADOWVILLE
TEC~OLOGY PARK INDUSTRIAL ACCESS ROAD PROJECT
"L2", APPROPRIATION AND TRANSFER OF FUNDS
On motion of Mr. Warren, seconded by Mr. McHale, the Board
adopted the following resolution:
WHEREAS, Chesterfield County ("the County") plans to
construct a new industrial park off of Meadowville Road; and
WHEREAS, the industrial park requires the construction
of a new road; and
WHEREAS, the construction of qualifying capital
investment is expected to occur within five (5) years of the
Commonwealth Transportation Board's allocation of funds for
the construction of an access road to the property and is
expected to satisfy VDOT's capital investment requirements;
and
WHEREAS, Chesterfield County hereby guarantees that the
necessary right-of-way and utility adjustments for the new
access road will be provided at no cost to the Virginia
Department of Transportation.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby requests the Commonwealth
Transportation Board to provide industrial access funding to
construct an adequate road to the industrial park.
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AND, BE IT FURTHER RESOLVED, that the Chesterfield Board
of Supervisors hereby agrees to provide a surety acceptable
to VDOT, to guarantee sufficient qualifying capital
investment will occur within five years of the Commonwealth
Transportation Board's allocation of industrial access funds
for the access road.
AND, BE IT FURTHER RESOLVED, that the Chesterfield
County Board of Supervisors hereby agrees that the new
roadway so constructed will be added to and become a part of
the Secondary System of Highways.
And, further, the Board appropriated $450,000 in anticipated
Virginia Department of Transportation (VDOT) reimbursements
for construction of the access road; transferred from the
Industrial Access Account to the project, $150,000 for
matching funds, $320,000 for un-matched funds, $30,000 for
the capital investment surety cost and $450,000 for the
capital investment surety; authorized the County
Administrator to enter into the necessary County/VDOT/
Developer construction agreements/contracts, permits and
surety agreements, acceptable to the County Attorney, in
order to have the access road constructed; authorized staff
to advertise a road construction contract for the access road
and award a contract up to $650,000 for the Meadowville
Technology Park Industrial Access Road Project '~L2" to the
lowest responsible bidder; and accepted the right-of-way for
the access road and authorized the County Administrator to
sign the deed.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.2. APPROPRIATION OF FUNDS FOR THE CLOVERLEAF MALL AREA
STUDY FROM RESERVE FOR FUTURE CAPITAL PROJECTS
On motion of Mr. Warren, seconded by Mr. McHale, the Board
appropriated $50,000 from the Reserve for Future Capital
Projects for consultant fees to prepare a study to help
develop a revitalization/development strategy for the
Cloverleaf Mall Area.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.4. STREET-NAME CHANGE
On motion of Mr. Warren, seconded by Mr. McHale, the Board
approved the renaming of Clearcreek Lane to Clearcreek Place.
(It is noted a copy of the Parcel Map is filed with the
papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8 .C.5.
ACCEPTANCE OF PARCELS OF LAND
8.C.5.a. ALONG THE SOUTH RIGHT OF WAY LINE OF PROPOSED
CENTER POINTE PARKWAY EXTENDED FROM BON SECOURS-
RICHMOND HEALTH SYSTEMS
On motion of Mr. Warren, seconded by Mr. McHale, the Board
accepted the conveyance of two parcels of land containing a
total of 0.081 acres along the south right of way line of
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2/27/02
proposed Center Pointe Parkway extended from Bon Secours-
Richmond Health Systems, 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, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.5.b. FOR CENTER POINTE PARKWAY EXTENDED FROM GC REAL
ESTATE CORPORATION
On motion of Mr. Warren, seconded by Mr. McHale, the Board
accepted the conveyance of two parcels of land containing a
total of 2.970 acres for Center Pointe Parkway extended from
GC Real Estate Corporation, 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, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.5.c. ALONG THE SOUTH RIGHT OF WAY LINE OF HULL STREET
ROAD FROM BI-STATE PROPERTIES
On motion of Mr. Warren, seconded by Mr. McHale, the Board
accepted the conveyance of a parcel of land containing 0.244
acres along the south right of way line of Hull Street Road
(US Route 360) from Bi-State Properties, 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, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.5.d. ALONG THE WEST RIGHT OF WAY LINE OF CHESTER ROAD
FROM R AND L ENTERPRISES, LLC
On motion of Mr. Warren, seconded by Mr. McHale, the Board
accepted the conveyance of a parcel of land containing 0.134
acres along the west right of way line of Chester Road (State
Route 145) from R and L Enterprises, 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, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.5.e. ALONG THE NORTHEAST RIGHT OF WAY LINE OF REAMS ROAD
FROM P AND R ASSOCIATES, LLC
On motion of Mr. Warren, seconded by Mr. McHale, the Board
accepted the conveyance of a parcel of land containing 0.936
acres along the northeast right of way line of Reams Road
(State Route 647) from P and R 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, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 120
8.C.6. REQUEST FOR PERMISSION FROM JACOB A. LUTZ, III AND
ROBIN R. LUTZ FOR A PRIVATE SEWER FORCE MAIN TO
ENCROACH WITHIN A SIXTEEN-FOOT SEWER EASEMENT
On motion of Mr. Warren, seconded by Mr. McHale, the Board
approved a request from Jacob A. Lutz, III and Robin R. Lutz
for a private sewer force main to encroach within a sixteen-
foot sewer easement, 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, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.7. CONVEYANCE OF A.N EASEMENT TO VERIZON VIRGINIA
INCORPORATED TO INSTALL UNDERGROUND CABLE TO SERVE
WINTERPOCK FIRE STATION
On motion of Mr. Warren, seconded by Mr. McHale, 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 to
serve Winterpock Fire Station, Number 19, located at 14010
Beach Road.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.8. REQUESTS TO QUITCLAIM
8.C.8.a. A VARIABLE WIDTH STORM WATER MANAGEMENT SYSTEM
BEST MANAGEMENT PRACTICE ACCESS EASEMENT ACROSS
THE PROPERTY OF KRAUSE PARTNERS
On motion of Mr. Warren, seconded by Mr. McHale, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
variable width storm water management/best management
practice (SWM/BMP) access easement across the property of
Krause Partners. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.8.b. A VARIABLE WIDTH STORM WATER MANAGEMENT SYSTEM
BEST MANAGEMENT PRACTICE ACCESS EASEMENT ACROSS
PROPERTY OF STEPHEN K. AND MARI~ L. SIEGRIST
On motion of Mr. Warren, seconded by Mr. McHale, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
variable width storm water management/best management
practice (SWM/BMP) access easement across the property of
Stephen K. and Marianne L. Siegrist. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 121
2/27/02
8.C. 9. STATE ROAD ACCEPTANCE
On motion of Mr. Warren, seconded by Mr. McHale, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk' s Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to ~ 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for
the Virginia Department of Transportation.
Type Change to the Secondary System of State Highways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Southcreek, Section 5
· Green Trellis Place, State Route Number: 4518
From: Majestic Creek Dr., (Rt. 4516)
To: Cul-de-sac, a distance of: 0.11 miles.
Right-of-way record was filed on 11/15/1999 with the Office Of Clerk To Circuit Court in Pb. 108; Pg. 15,
with a width of 50 Ft.
· Majestic Creek Court, State Route Number: 4517
From: Majestic Creek Dr., (Rt. 4516)
To: Cul-de-sac, a distance of: 0.07 miles.
Right-of-way record was filed on 11/15/1999 with the Office Of Clerk To Oircuit Court in Pb. 108; Pg. 15,
with a width of 50 Ft.
· Majestic Creek Drive, State Route Number: 45t6
From: Southcreek Dr.. (Rt. 4016)
To: Majestic Creek Ct., (Rt. 4517), a distance of: 0.12 miles.
Right-of-way record was filed on 11/15/1999 with the Office Of Clerk To Circuit Court in Pb. 108; Pg. 16,
with a width of 50 Ft.
02- 122
2/27/02
· Majestic Creek Drive, State Route Humber: 45t6
From: Majestic Creek Ct., (Rt. 4517)
To: Cul-de-sac, a distance of: 0.10 miles.
Right-of-way record was filed on 11/15/1999 with the Office Of Clerk To Circuit Court in Pb. 108; Pg. 16,
with a width of 50 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to ~ 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for
the Virginia Department of Transportation.
TYoe Change to the Secondary System of State Highways: Addition
Basis for Change:
Statutory Reference:
Addition, New subdivision street
§33.t -229
Project: Villas ~ Rivers Bend
Villas Court, State Route Number: 4579
From: Villas Dr., (Rt. 4578)
To:
Cul-de-sac, a distance of: 0.07 miles.
Right-of-way record was filed on 6/9/2000 with the Office Of Clerk To Circuit Court in Pb.111; Pg. 39, with
a width of 40 Ft.
Villas Drive, State Route Number: 4578
From:
To:
Demaret Dr., (Rt. 4839)
Villas Ct., (Rt. 4579), a distance of: 0.14 miles.
Right-of-way record was filed on 6/9/2000 with the Office Of Clerk To Circuit Court in Pb.111; Pg. 39, with
a width of 40 Ft.
Villas Drive, State Route Number: 4578
From: Villas Ct., (Rt. 4579)
To:
Cul-de-sac, a distance of: 0.03 miles.
02- 123
2/27/02
Right-of-way record was filed on 6/9/2000 with the Office Of Clerk To Circuit Court in Pb.111; Pg. 39, with
a width of 40 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to ~ 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for
the Virginia Department of Transportation.
Tyl~e Change to the Secondary System of State Highways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Memphis Boulevard
· Memphis Boulevard, State Route Number: 936
From: Hull Street Rd., (Rt. 360)
To: .07 Mi. NW of Hull Street Rd., (Rt. 360), a distance of: 0.07 miles.
Right-of-way record was filed on 7/6/1999 with the Office Of Clerk To Circuit Court in Db. 3614; Pg. 858,
with a width of 90 Ft. var.
· Memphis Boulevard, State Route Number: 936
From: .07 Mi. NW of Hull Street Rd., (Rt. 360)
To: .20 Mi. NW of Hull Street Rd., (Rt. 360), a distance of: 0.13 miles.
Right-of-way record was filed on 7/6/1999 with the Office Of Clerk To Circuit Court in Db. 3614; Pg. 858,
with a width of 90 Ft. var.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
02- 124
2/27/02
Street Requirements
Transportation.
of the Virginia Department of
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to ~ 33.1-229, Code of Virqinia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for
the Virginia Department of Transportation.
Tyr)e Cham]e to the Secondary System of State Highways: Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference:
§33.1-229
Project: Bel Arbor
Bel Arbor Drive, State Route Number: 4634
From:
Imnbridge Py., (Rt. 1569)
To:
Bel Lac Dr., (Rt. 4635), a distance of: 0.06 miles.
Right-of-way record was filed on 3/10/1998 with the Office Of Clerk To Circuit Court in Pb. 87; Pg. 78,
with a width of 70 Ft. Var.
Bel Jour Place, State Route Number: 4636
From: Bel Lac Dr., (Rt. 4635)
To:
Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 3/10/1998 with the Office Of Clerk To Circuit Court in Pb. 87; Pg. 78,
with a width of 40 Ft.
Bel Lac Drive, State Route Number: 4635
From: Imnbridge BI., (Rt. 632)
To:
Riviera Ct., (Rt. 4637), a distance of: 0.06 miles.
Right-of-way record was filed on 3/10/1998 with the Office Of Clerk To Circuit Court in Pb. 87; Pg. 78,
with a width of 40 Ft.
Bel Lac Drive, State Route Number: 4635
From: Riviera Ct., (Rt. 4637)
To:
Bel Jour PI., (Rt. 4636), a distance of: 0.05 miles.
Right-of-way record was filed on 3/10/1998 with the Office Of Clerk To Circuit Court in Pb. 87; Pg. 78,
with a width of 40 Ft.
Bel Lac Drive, State Route Number: 4635
From: Bel Jour PI., (Rt. 4636)
To:
Bel Arbor Dr., (Rt. 4634), a distance of: 0.07 miles.
02- 3.25
2/27/02
Right-of-way record was filed on 3/10/1998 with the Office Of Clerk To Circuit Court in Pb. 87; Pg. 78,
with a width of 40 Ft.
Bel Lac Drive, State Route Number: 4635
Bel Arbor Dr., (Rt. 4634)
To:
Cul-de-sac, a distance of: 0.03 miles.
Right-of-way record was filed on 3/10/1998 with the Office Of Clerk To Circuit Court in Pb. 87; Pg. 78,
with a width of 40 Ft.
Riviera Court, State Route Number: 4637
From: Bel Lac Dr., (Rt. 4635)
To:
Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was flied on 3/10/1998 with the Office Of Clerk To Circuit Court in Pb. 87; Pg. 78,
with a width of 40 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to § 33.1-229, Code of Virqinia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for
the Virginia Department of Transportation.
Tyrm Change to the Secondary System of State Highways: Addition
B~eis for Change:
Addition, New subdivision street
Statuto~j Reference: §33.1-229
Project: Hampton Park, Sec. 6
Hampton Glen Lane, State Route Number: 5245
From: Otterdale Rd., (Rt. 667)
To:
Hampton Glen Mw., (Rt. 5278), a distance of: 0.05 miles.
Right-of-way record was filed on 12/22/1999 with the Office Of Clerk To Circuit Court in Pb. 108; Pg. 79,
with a width of 40 Ft.
02- 126
2/27/02
Hampton Glen Lane, State Route Number: 5245
From:
Hampton Glen Mw., (Rt. 5278)
To:
0,02 Mi. W of Hampton Glen Mw. (Rt. 5278), a distance of: 0.02 miles.
Right-of-way record was filed on 12/22/1999 with the Office Of Clerk To Circuit Court in Pb. 108; Pg. 79,
with a width of 40 Ft.
From
To:
Hampton Glen Mews, State Route Number: 5278
Hampton Glen Ln., (Rt. 5245)
Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 12/22/1999 with the Office Of Clerk To Circuit Court in Pb. 108; Pg. 79,
with a width of 40 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to ~ 33.1-229, Code of Virqinia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for
the Virginia Department of Transportation.
Type Change to the Secondary System of State Highways: Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference:
§33.t-229
Project: Second Branch, Sec. 2
Balta Road, State Route Number: 4609
From: Devette Dr., (Rt. 5236)
To: 0.01 Mi. W of Devette Dr., (Rt. 5236), a distance of: 0.01 miles.
Right-of-way record was filed on 10/7/1997 with the Office Of Clerk To Circuit Court in Pb. 95; Pg. 69,
with a width of 50 Ft.
Balta Road, State Route Number: 4609
From:
To:
Devette Dr., (Rt. 5236)
Cul-de-sac, a distance of: 0.12 miles.
02- 127
2/27/02
Right-of-way record was filed on 10/7/1997 with the Office Of Clerk To Circuit Court in Pb. 95; Pg. 69,
with a width of 50 Ft.
· Devette Drive, State Route Number: 5236
From: Devette PI., (Rt. 5237)
To: Devette Tr., (Rt. 4608), a distance of: 0.12 miles.
Right-of-way record was fired on 10/7/1997 with the Office Of Clerk To Circuit Court in Pb. 95; Pg. 69,
with a width of 50 Ft.
· Devette Drive, State Route Number: 5236
From: Devette Tr., (Rt. 4608)
To: Balta Rd., (Rt. 4609), a distance of: 0.16 miles.
Right-of-way record was filed on 10/7/1997 with the Office Of Clerk To Circuit Court in Pb. 95; Pg. 69,
with a width of 50 Ft.
· Devette Terrace, State Route Number: 4608
From: Devette Dr., (Rt. 5236)
To: Cul-de-sac, a distance of: 0.12 miles.
Right-of-way record was filed on 10/7/1997 with the Office Of Clerk To Circuit Court in Pb. 95; Pg. 69,
with a width of 50 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to ~ 33.1-229, Code of Virqinia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for
the Virginia Department of Transportation.
Type Change to the Secondary System of State Highways:
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Salisbury Hatfleld, Sec. 5 and a Portion of Phase 3
· Kenmont Drive, State Route Number: 3788
02- :128
Addition
2/27/02
From: Helmsley Rd., ( Rt. 3796)
To: Cul-de-sac, a distance of: 0.20 miles.
Right-of-way record was filed on 6/9/1999 with the Office Of Clerk To Circuit Court in Pb.105; Pg. 32, with
a width of 50 Ft.
Right-of-way record was filed on 12/27/1993 with the Office Of Clerk To Circuit Court in Pb.83; Pg. 21, with
a width of 50 Ft.
· Sarum Terrace, State Route Number: 4623
From: Helmsley Rd., ( Rt. 3796)
To: Cul-de-sac, a distance of: 0.17 miles.
Right-of-way record was filed on 6/9/1999 with the Office Of Clerk To Circuit Court in Pb.105; Pg. 32, with
a width of 50 Ft.
Right-of-way record was filed on 12/27/1993 with the Office Of Clerk To Circuit Court in Pb.83; Pg. 21, with
a width of 50 Ft.
Ayes: Hiller, Warren, Barber, Humphrey and HcHale.
Nays: None.
8.C.10. APPROVAL OF UTILITY CONTRACT FOR HAMPTON PARK,
SECTION 17
On motion of Mr. Warren, seconded by Mr. McHale, the Board
approved the following utility contract for Hampton Park,
Section 17, Contract Number 01-0421 which includes the
extension of 1,117 L.F. + of fifteen-inch oversized sewer
lines:
Developer:
Contractor:
Hampton Park Associates LLC
RMC Contractors, Incorporated
Contract Amount: Estimated County Cost for
Oversizing ..........
Estimated Developer Cost
Estimated Total ........
Code: (Refunds thru Connections - Oversizing)
District: Matoaca
$14,521.00
$67,293.50
$81,814.50
5N-572VO-E4C
(It is noted a copy of the vicinity sketch is filed with the
papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.11. APPROVAL OF FY2002 SCHOOL BOARD GRANTS MID-YEAR
REVISIONS
On motion of Mr. Warren, seconded by Mr. McHale, the Board
increased estimated federal funds by $240,485 and local funds
by $42,647 and increased the Instruction appropriation
category by $283,132 in the School Grants Fund for five new
grants and three revised grants, the details of which are
filed with the papers of this Board.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 129
2/27/02
8.C.12. SET DATE FOR PUBLIC HEARING TO CONSIDER THE
APPROPRIATION OF A REFUND RECEIVED FROM THE
RIVERSIDE REGIONAL JAIL AUTHORITY
On motion of Mr. Warren, seconded by Mr. McHale, the Board
set the date of March 27, 2002 for a public hearing to
consider the appropriation of $1,101,080 per diem refund
received from the Riverside Regional Jail Authority to offset
the expected shortfall in the regional jail budget.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.13. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.C.13.a. FROM THE BERMUDA, CLOVER HILL, DALE, MATOACA AND
MIDLOTHIAN DISTRICT IMPROVEMENT FUNDS TO THE FIRE
DEPARTMENT FOR THE JUNIOR SAFETY CAMP
On motion of Mr. Warren, seconded by Mr. McHale, the Board
transferred $500 each from the Bermuda, Clover Hill, Dale,
Matoaca and Midlothian District Improvement Funds, for a
total of $2,500, to the Fire Department to help defray the
costs associated with the Junior Safety Camp which will be
offered by the Department's Fire and Life Safety Division.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.13.b. FROM THE BERMUDA, CLOVER HILL, DALE MATOACA AND
MIDLOTHIAN DISTRICT IMPROVEMENT FUNDS TO THE
SCHOOL BOARD FOR POST PROM CELEBRATIONS
On motion of Mr. Warren, seconded by Mr. McHale, the Board
transferred $1,800 from the Bermuda District Improvement
Fund, $2,300 from the Clover Hill District Improvement Fund,
$1,800 from the Dale District Improvement Fund, $2,300 from
the Matoaca District Improvement Fund, and $2,300 from the
Midlothian District Improvement Fund to the School Board for
drug and alcohol free post-prom celebrations at each of the
County high schools and the Governor's School, subject to the
conditions outlined in the papers of this Board.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.14. AMENDMENT TO THE BOARD MINUTES OF DECEMBER 19, 2001
On motion of Mr. Warren, seconded by Mr. McHale, the Board
amended the minutes of December 19, 2001 as follows:
FROM:
"On motion of Mr. McHale, seconded by Mr. Miller, the Board
adopted the following resolution:
WHEREAS, the street described below is shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
street meets the requirements established by the Subdivision
02- 130
2/27/02
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described below to the secondary system of state highways,
pursuant to § 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for
the Virginia Department of Transportation.
Tyoe Change to the Secondary System of State Highways:
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Alexandria Station
· Ryanwood Court, State Route Number: 4518
From: Wesffield Rd., (Rt. 1002)
To: Cul-de-sac, a distance of: 0.04 miles.
Addition
Right-of-way record was filed on 9/3/1999 with the Office Of Clerk To Circuit Court in Pb.106; Pg. 85, with
a width of 40 Ft.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None."
TO:
"On motion of Mr. McHale, seconded by Mr. Miller, the Board
adopted the following resolution:
WHEREAS, the street described below is shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
street meets the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described below to the secondary system of state highways,
pursuant to § 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for
the Virginia Department of Transportation.
Tyl~e Change to the Secondary System of State Highways: Addition
Basis for Change:
Addition, New subdivision street
02- 131
2/27/02
Statuto~j R~m'~no~:
From:
To:
§33.1-229
Alexandria Station
Ryanwood Court, State Route Number: 4519
Westfield Rd., (Rt. 1002)
Cul-de-sac, a distance of: 0.04 miles.
Right.f-way record was fll~ on 9/~1999 ~ Re Offi~ ~ Cle~ ~ Cir~it Cou~ in Pb. 106; Pg. 85, with
a wid~ ~ 40 Ft.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None."
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.15. AUTHORIZATION FOR THE DANKOS FAMILY TRUST TO BE A
CO-APPLICANT FOR CASE 01SN0121
On motion of Mr. Warren, seconded by Mr. McHale, the Board
authorized the Dankos Family Trust to be a co-applicant for
Case 01SN0121, which was previously initiated by the Board of
Supervisors.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.16. REQUEST THAT THE PLANNING COMMISSION STUDY AND
RECOMMEND AN ORDINANCE AMENDMENT FOR LIGHTING
STANDARDS IN A, R, R-TH, R-MF OR MH DISTRICTS
FOR NON-RESIDENTIAL USE
On motion of Mr. Warren, seconded by Mr. McHale, the Board
requested that the Planning Commission study and recommend an
ordinance amendment for lighting standards in A, R, R-TH, R-
MF or MH Districts for non-residential use.
And, further, the Board established no time limit for the
Planning Commission to complete the study and recommendation.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.17. AMENDMENT TO BOARD MINUTES OF JANUARY 23, 2002
On motion of Mr. Warren, seconded by Mr. McHale, the Board
amended the minutes of January 23, 2002 as follows:
"There being no one else to speak to the request, Mr. Miller
closed the public debate.
o o o
Mrs. Humphrey expressed concerns that one property owner
should not be required to absorb the cost of the Powhite
Parkway Extension. She stated that funding for the larger
road projects such as the Powhite Parkway Extension and the
Route 360 widening should be the state's responsibility. She
further stated that the applicant has offered an alternative
that will provide traffic relief for areas such as Woodlake,
Foxcraft, Magnolia Green and Route 360 West. She stated that
she feels the road proposed by the applicant will be in place
much sooner than the Powhite Parkway Extension. She further
stated that because Mr. Barber and Mr. Miller have indicated
02- 132
2/27/02
their desire for a deferral and Mr. Warren has indicated that
he does not support the proposal, she will request a deferral
for 30 days and suggested that the applicant continue to work
with staff to resolve the issues raised.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
deferred Case 01SN0189 until February 27, 2002.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None."
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
The following items were removed from the Consent Agenda to
allow for public comment:
8.C.l.d. SUPPORTING HOUSE JOINT RESOLUTION 81 RESTORING OUR
FREEDOM TO PRAY
Mr. Kevin Hoeft, a Clover Hill District resident, stated that
he feels House Joint Resolution 81 will bring a modicum of
balance to the issue of religious freedom, especially in
public schools. He further stated that the First Amendment
to the United States Constitution prohibits the federal
government from controlling or prohibiting religious freedom
and indicated that, because the First Amendment has been
continually twisted and misinterpreted by the liberal courts,
media, bureaucracy and education establishments, many
Americans improperly believe that the First Amendment
requires a separation of church and state, a phrase that is
nowhere to be found in the Constitution. He commended the
Board of Supervisors for considering the proposed resolution
which he feels is a step towards ensuring the protection of
religious freedom within the county.
Mr. Warren expressed appreciation to Mr. Hoeft for his well
researched presentation and requested that he provide the
Board with a copy of his comments.
Mr. Steve Ferguson, a Midlothian District resident, stated
that he feels the founding fathers of the United States did
not intend for the country to be a Christian nation, but a
nation of laws. He further stated that religious freedom
means the freedom not to pray, and indicated that he fears
adoption of the resolution could lead to unintended
consequences.
Mr. Don Fruhwald, a Midlothian District resident, stated that
he does not feel religion has been taken out of the schools.
He expressed concerns that opening the door to prayer would
also provide the opportunity for cults such as wiccans and
satanists.
No one else came forward to speak to the issue.
Mr. Barber expressed concerns relative to the intent of the
proposed resolution and stated that the moment of silence
provided in county schools allows any student or teacher to
pray in any way they desire. He listed a number of
opportunities in county schools that are available for prayer
and an expression of religious belief, and indicated that the
public schools are not void of prayer. He stated that he has
never had a constituent suggest that something needs to be
done about prayer in public schools, and indicated that he
cannot support the proposed resolution because he feels the
county schools already accommodate the issue and he fears
adoption of the resolution would cross the line between
02- 133
2/2?/02
expressing freedom of religion and a particular version of
religion.
Mr. McHale stated that he feels the moment of silence
provides an opportunity for students to pray if that is their
choice. He expressed concerns that the House Judiciary
Committee has not yet considered House Joint Resolution 81,
and stated that he will not vote against prayer, but cannot
support the resolution in its current format.
Mr. Warren stated that he has received positive comments from
a number of constituents relative to the proposed ordinance
and indicated that he will support it wholeheartedly.
Mrs. Humphrey stated that she will support the proposed
resolution because she feels it will strengthen what is
already being allowed in county schools.
Mr. Barber stated that he does not disagree with the verbiage
of House Joint Resolution 81, and would support it if it did
not propose an amendment to the Constitution.
Mr. Miller stated that he strongly supports the proposed
resolution, indicating that he feels the moment of silence is
next to almost nothing. He further stated that he feels the
country has been weakened by not acknowledging God, and
indicated that he hopes the resolution will be adopted by
every locality in the nation and that, ultimately, the
Constitution of the United States would be amended to put to
rest once and for all the question of whether or not there is
a public right of prayer in our school systems.
Mr. Miller then made a motion, seconded by Mr. Warren, for
the Board to adopt the following resolution:
WHEREAS, our nation was founded on the precepts of
freedom, diversity and the right of all people to acknowledge
God according to the dictates of their conscience and
beliefs; and
WHEREAS, while neither the United States nor any state
shall establish any official religion, but the people's right
to pray and to recognize their religious beliefs, heritage
and traditions on public property, including school property,
shall not be infringed; and
WHEREAS, House Joint Resolution 81 was introduced on
December 20, 2001 by a number of U. S. representatives,
proposing an amendment to the Constitution of the United
States that would prevent any infringement of a person's
right to pray on public property, including school property;
and
WHEREAS, while this Board of Supervisors supports any
person's right not to pray or participate in any religious
observance on public property, including schools, it equally
supports any person's right to pray or participate in any
religious observance on public property, including schools;
and
WHEREAS, the Chesterfield County Board of Supervisors
urges all cities and counties across the United States to
join in an effort to reinstate voluntary prayer in public
schools and uniting in a "grass roots" movement for that
purpose.
02-
2/27/02
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors strongly supports House Joint
Resolution 81 introduced in Congress on December 20, 2001.
Ayes: Miller, Warren and Humphrey.
Nays: Barber.
Voting Present Constituting an Abstention: McHale.
8.C.3. ADOPTION OF PROPOSED AMENDMENTS TO THE ~GUIDELINES
FOR REVIEW OF SUBSTANTIAL ACCORD DETERMINATIONS
AND/OR ZONING APPROVAL FOR COMMUNICATIONS TOWER
LOCATIONS"
Mr. Steve Romine, representing VoiceStream Wireless,
commended the Planning staff's efforts to expedite the
process and encouraged the Board to adopt the proposed
amendments. He stated that there are still three issues that
may need to be addressed in the future - the need to explore
and encourage the use of school facilities in appropriate
ways; a plan to service residential areas in the county; and
expansion of the numbers and types of applications that can
be approved administratively.
No one else came forward to speak to the issue.
Discussion ensued relative to the issues raised by Mr.
Romine.
Mr. Jacobson stated that the issues raised by Mr. Romine are
complicated and need staff research. He further stated that,
if the Board desires the Planning Commission and staff to
research the issues raised by Mr. Romine, then it should
direct them to do so.
On motion of Mr. Warren, seconded by Mr. Barber, the Board
adopted amendments to the "Guidelines for Review of
Substantial Accord Determinations and/or Zoning Approval for
Communications Tower Locations," as outlined in the papers of
this Board.
And, further, the Board directed staff to research the issues
raised by Mr. Romine and bring back a recommendation to the
Board.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
10. REPORTS
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
accepted the following reports:
A report on Developer Water and Sewer Contracts and a status
report on the General Fund Balance, Reserve for Future
Capital Projects, District Improvement Funds and Lease
Purchases.
And, further, the following roads were accepted into the
State Secondary System:
02- 135
2/27/02
ADDITION LENGTH
ALEXANDRIA STATION
(Effective 1/25/02)
Ryanwood Court (Route 4519) - From Westfield
Road (Route 1002) to Cul-de-sac
CHA_NDON, SECTION 1 @ THE HIGHLANDS
Chandon Court (Route 5296) - From Shagreen
Lane (Route 5295) to Cul-de-sac
Chandon Place (Route 5297) - From Shagreen
Lane (Route 5295) to Cul-de-sac
Shagreen Lane (Route 5295) - From Eastfair
Drive (Route 5186) to Chandon Court (Route
5296)
Shagreen Lane (Route 5295) - From Chandon
Court (Route 5296) to .14 mile southwest of
Eastfair Drive (Route 5186)
CHANDON, SECTION 2 @ THE HIGHLANDS
Shagreen Court (Route 5298) - From Shagreen
Lane (Route 5295) to Cul-de-sac
Shagreen Court (Route 5298) - From Shagreen
Lane (Route 5295) to Cul-de-sac
Shagreen Lane (Route 5295) - From .07 mile
south of Chandon Court (Route 5296) to
Shagreen Court (Route 5298)
CLUB CREST, SECTION 2 @ RIVERS BEND
(Effective 1/30/02)
Club Crest Boulevard (Route 4751)- From
Hogan's Alley (Route 4835) to Club Ridge
Drive (Route 4752)
Club Crest Boulevard (Route 4751) - From
Club Ridge Drive (Route 4752) to Cul-de-sac
Club Ridge Court (Route 4753) - From Club
Ridge Drive (Route 4752) to Cul-de-sac
Club Ridge Drive (Route 4752) - From Club
Ridge Court (Route 4753) to .02 mile north of
Club Ridge Court (Route 4753)
Club Ridge Drive (Route 4752) - From Club
Crest Blvd. (Route 4751) to Club Ridge
Court (Route 4753)
HOLLYMEADE, SECTION B
(Effective 1/25/02)
Lockberry Ridge Court (Route 4533) - From
Lockberry Ridge Loop (Route 4393) to Cul-de-sac
Lockberry Ridge Loop (Route 4393) - From
Lockberry Ridge Court (Route 4533) to .06 mile
south of Lockberry Ridge Court (Route 4533)
Lockberry Ridge Loop (Route 4393) - From
.03 mile south of Lockberry Ridge Drive (Route
4392) to Lockberry Ridge Court (Route 4533)
02- 136
0.04 Mi
0.10 Mi
0.10 Mi
0.07 Mi
0.07 Mi
O.06 Mi
0.21 Mi
0.14 Mi
O.O8 Mi
0.12 Mi
0.19 Mi
0.02 Mi
0.07 Mi
O.06 Mi
0.06 Mi
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2/27/02
LYLWOOD @ THE HIGHLANDS
Lylwood Court (Route 5285) - From Lylwood
Lane (Route 5286) to Cul-de-sac
Lylwood Lane (Route 5286) - From Eastfair
Drive (Route 5186) to Lylwood Court (Route
5285)
Lylwood Lane (Route 5286) - From Lylwood
Court (Route 5285) to Cul-de-sac
PROVIDENCE CREEK, SECTION E
(Effective 1/31/02)
Creek Bottom Court (Route 4583) - From Creek
Bottom Way (Route 4583) to Cul-de-sac
Creek Bottom Way (Route 4582) - From West
Providence Road (Route 678) to Creek Bottom
Court (Route 4583)
Creek Bottom Way (Route 4582) - From West
Providence Road (Route 678) to Cul-de-sac
Creek Bottom Way (Route 4582) - From Creek
Bottom Court (Route 4583) to 0.08 mile northwest
of Creek Bottom Court (Route 4583)
Providence Creek Circle (Route 4581) - From
Providence Creek Road (Route 4685) to Cul-de-sac
Providence Creek Circle (Route 4581) - From
Providence Creek Road (Route 4685) to Cul-de-sac
Providence Creek Road (Route 4685) - From
0.02 mile west Providence Creek Trail (Route
4681) to Providence Creek Circle (Route 4581)
Providence Glen Turn (Route 4584) From
West Providence Road (Route 678) to Cul-de-sac
West Providence Road (Route 678) - From
Providence Creek Trail (Route 4681) to Creek
Bottom Way (Route 4582)
West Providence Road (Route 678) - From
Providence Glen Turn (Route 4584) to 0.02
mile west of Providence Glen Turn (Route 4584)
West Providence Road (Route 678) From Creek
Bottom Way (Route 4582) to Providence Glen
Turn (Route 4584)
STERLING COVE, SECTION 1 @ THE HIGHLANDS
(Effective 1/25/02)
Eastfair Drive (Route 5186) - From Sterling
Cove Drive (Route 5198) to .05 mile east of
Sterling Cove Drive (Route 5198)
Eastfair Drive (Route 5186) - From 1.04 mile
east of Nash Road (Route 636) to Sterling Cove
Drive (Route 5198)
Sterling Cove Drive (Route 5198) - From
Sterling Cove Trail (Route 5289) to Cul-de-sac
Sterling Cove Drive (Route 5198) - From
Eastfair Drive (Route 5186) to Sterling Cove
Trail (Route 5289)
0.10 Mi
0.12 Mi
0.12 Mi
0.03 Mi
0.07 Mi
0.05 Mi
0.08 Mi
0.04 Mi
0.03 Mi
0.10 Mi
0.05 Mi
0.05 Mi
0.02 Mi
0.05 Mi
0.05 Mi
0.06 Mi
0.31 Mi
0.22 Mi
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2/27/02
Sterling Cove Terrace (Route 5289) - From
Sterling Cove Drive (Route 5198) to Cul-de-sac
WHITLEY MANOR, SECTION 2 @ THE HIGHLANDS
Baniff Drive (Route 5288) - From Whitley Manor
Drive (Route 5287) to Hadden Hall Drive (Route
5283)
Hadden Hall Drive (Route 5283) - From Baniff
Drive (Route 5288) to Cul-de-sac
Hadden Hall Drive (Route 5283) - From .04 mile
east of Hadden Hall Court (Route 5284) to
Baniff Drive (Route 5288)
Highland Glen Drive (Route 5160) - From Whitley
Manor Drive (Route 5287) to .10 mile east of
Whitley Manor Drive (Route 5287)
Highland Glen Drive (Route 5160) - From .06 mile
east of Hadden Hall Drive (Route 51.60) to Whitley
Manor Drive (Route 5287)
Whitley Manor Drive (Route 5287) - From Baniff
Drive (Route 5288) to Cul-de-sac
Whitley Manor Drive (Route 5287) - From Highland
Glen Drive (Route 5160) to Baniff Drive (Route
5288)
WHITLEY MANOR, SECTION 1 @ THE HIGHLANDS
Hadden Hall Court (Route 5284) - From Hadden
Hall Drive (Route 5283) to Cul-de-sac
Hadden Hall Drive (Route 5283) - From Hadden
Hall Court (Route 5284) to .04 mile southeast
of Hadden Hall Court (Route 5284)
Hadden Hall Drive (Route 5283) - From Highland
Glen Drive (Route 5160) to Hadden Hall Court
(Route 5284)
Highland Glen Drive (Route 5160) - From .01 mile
east Sidlaw Hills Lane (Route 5182) to Hadden
Hall Drive (Route 5283)
Highland Glen Drive (Route 5160) - From Hadden
Hall Drive (Route 5283) to 0.37 mile east of
Sidlaw Hills Lane (Route 5182)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
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0.06 Mi
0. O4 Mi
0.13 Mi
0.06 Mi
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0.30 Mi
0.06 Mi
1~. DINNER
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
recessed to the Administration Building, Room 502, for dinner
with members of the Chesterfield County School Board.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Reconvening:
02- 138
2/27/02
12. INVOCATION
Elder Jerry Price, Minister of New Deliverance Evangelistic
Church, gave the invocation.
Mr. Stith introduced members of the Black History Month
Committee who were present at the meeting. He then
introduced The Rhema Choir of New Deliverance Evangelistic
Church which performed musical selections.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES
OF AMERICA
Mr. Kirk Turner, Development Manager, led the Pledge of
Allegiance to the flag of the United States of America.
Mr. Miller stated that at the February 13, 2002 meeting, the
Board adopted a resolution recognizing Mr. Eddie Heussler for
his heroic efforts in attempting to rescue a county citizen
from her burning home. He further stated that on March 2,
2002, the Chesterfield and Henrico Fire and Emergency Medical
Services departments will sponsor a "Fill the Boot for Eddie"
campaign at Chesterfield Towne Center and urged citizens to
contribute to the cost of Mr. Heussler's medical expenses.
He stated that Mr. Heussler's condition has improved, and
thanked citizens for their prayers on his behalf.
14. RESOLUTIONS AND SPECIAL RECOGNITIONS
There were no resolutions or special recognitions at this
time.
15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON
THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDERs
WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT
ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION
- CASES WHERE THE APPLICANT DOES NOT ACCEPT THE
RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL
BE HEARD AT SECTION 17
01SN0189 (Amended)
In Matoaca Magisterial District, DOUGLAS R. SOWERS requests
amendment to Conditional Use Planned Development (Case
88S008) and amendment of zoning district map on part of
property which is commonly known as Greenspring's Gyorgy
Tract. Specifically, the applicant desires to develop this
282.1 acre tract as a single development from the originally
zoned 1,312.7 acre tract. In general, amendments are
requested relative to the approved Master Plan; restoration
of two (2) single family structures (Ellett and Tomahawk
dwellings); provision of a golf course; road improvements and
access; land dedications and reservations; utilities;
drainage; erosion and water quality, plus relief to street
access requirements for more than fifty (50) lots. A mixed
use development consisting of residential, office and
commercial uses is planned. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for residential use of 2.0 units per acre or
less. This request lies in Residential (R-9) and Corporate
Office (0-2) Districts lying approximately 1,050 feet off the
east line of Otterdale Road, also lying approximately 1,540
02- 139
2/27/02
feet off the north line of Genito Road.
(Sheet 9) .
Tax ID 716-689-9201
Mr. Jacobson stated that the applicant has significantly
modified the proffered conditions since the Planning
Commission's hearing of the case and indicated that it is
staff's policy to recommend that the request be remanded to
the Planning Commission for their consideration. He further
stated that, if it is the Board's desire to hear the case, it
must suspend its rules to allow for consideration of the
amended proffered conditions.
Mrs. Humphrey stated that she feels the new proffered
conditions are in order and she would like to hear the case.
Mr. Miller expressed concerns that he has not had the
opportunity to review the amended proffered conditions.
Mr. Warren also expressed concerns that he has not had an
opportunity to review the modified proffered conditions, and
indicated that he would support remanding the request to the
Planning Commission.
Mr. Miller stated that he feels the Planning Commission
should have an opportunity to review the modified proffered
conditions.
Mr. Warren made a motion to remand Case 01SN0189 to the
Planning Commission to afford them an opportunity to review
the modified proffered conditions.
Mr. Miller seconded the motion.
Mr. Miller called for the public hearing to consider
remanding the request to the Planning Commission.
Mr. John Easter, representing the applicant, stated that the
applicant has worked very hard with the Transportation
Department to find an alternative for addressing the proposed
development's impact on roads. He further stated that the
applicant filed the amended proffered conditions 15 days ago
in accordance with the Board's policy and indicated that the
Transportation Department recently requested minor changes to
the amended proffered conditions. He stated that the
applicant has contractural obligations that require action at
this time and he fears the opportunity will no longer exist
if the case is remanded to the Planning Commission.
No one else came forward to speak to the remand request.
Mr. Barber expressed concerns that the proffered conditions
were submitted 15 days ago and the Board just received a copy
of them this afternoon.
Mr. Jacobson stated that once the proffered conditions are
submitted, they must be reviewed by legal staff before
providing a copy to the Board. He further stated that staff
is not recommending that the case be remanded because of the
lateness of the proffered conditions, but because it has been
staff's policy to recommend that requests be remanded when
significant changes in proffered conditions could influence
the vote of the Planning Commission.
Mrs. Humphrey stated that she does not want to remand the
case to the Planning Commission, but would prefer to defer it
to the March 13, 2002 Board meeting.
Mr. Micas stated that there is not sufficient advertisement
time to hear the case on March 13, 2002. He further stated
that the case could be deferred until March 27, 2002 and be
heard with the budget public hearings.
02- 140
2/27/02
Mr. Barber stated that he has had conversations with Mr.
Easter and Mr. Dan Gecker, Midlothian District Planning
Commission, since the Board originally heard the case on
January 23, 2002. He further stated that, although the
proposed development has been modified significantly from 250
homes to 150 homes on a single access, Mr. Gecker has
indicated that he feels the Planning Commission would still
be concerned with the number of homes proposed with one
access and would still recommend denial. He stated that he
would support a deferral until March 27, 2002 if that is the
Board's desire.
Mr. Barber made a substitute motion to defer Case 01SN0159
until March 27, 2002.
Mr. McHale seconded the motion.
Mr. Miller called for a vote on the motion made by Mr.
Barber, seconded by Mr. McHale, for the Board to defer Case
01SN0189 until March 27, 2002.
Ayes: Miller, Barber, Humphrey and McHale.
Nays: Warren.
02SN0159 (Amended)
In Matoaca Magisterial District, ASC LAND CORPORATION (BRIAN
BOWE) requests rezoning and amendment of zoning district map
from Agricultural (A) to Residential (R-12), plus relief to
street access requirements for more than fifty (50) lots.
Residential use of up to 3.63 units per acre is permitted in
a Residential (R-12) District. The Comprehensive Plan
suggests the property is appropriate for medium density
residential use of 1.5 - 4.0 units per acre. This request
lies on 37.4 acres fronting approximately 2,160 feet on the
north line of Powhite Parkway, approximately 120 feet east of
Upperbury Drive. Tax ID 739-693-8991 (Sheet 10).
Mr. Jacobson stated that the applicant has significantly
modified the proffered conditions since the Planning
Commission's hearing of the case and indicated that it is
staff's policy to recommend that the request be remanded to
the Planning Commission for their consideration. He further
stated that, if it is the Board's desire to hear the case, it
must suspend its rules to allow for consideration of the
amended proffered conditions.
Mr. Miller called for the public hearing on the remand
request.
Mr. Oliver "Skitch" Rudy, representing the applicant, stated
that the amended proffered conditions are not substantial - a
reduction in the number of lots and a reduction in the cash
proffer to address impact of the proposed development on
capital facilities which was arrived at after consideration
of the lot reductions. He requested that the Board consider
the request tonight.
Mr. Miller expressed concerns relative to applicants making
substantial changes after the Planning Commission's hearing
of cases.
Mr. Brian Bowe with ASC Land Corporation came forward and
stated that he attempted to complete the zoning process
exactly as directed by staff, and requested that the Board
consider the case rather than remanding it to the Planning
Commission.
Mrs. Humphrey expressed concerns relative to remanding the
case because the applicant has reduced the number of lots to
02- 141
2/27/02
59. She stated that the case represents infill development
and the applicant has done everything requested of him by
staff.
Mr. Warren inquired about the Planning Commission and staff's
recommendation for denial.
Mr. Jacobson stated that the recommendation for denial was
based upon the lack of a second public access for public
safety and the density of the proposed development compared
with surrounding neighborhoods. He further stated that,
although the applicant has reduced the number of lots, the
proposed development still does not meet the subdivision
regulations relative to the number of accesses needed for the
number of lots proposed.
Mr. Barber stated that the subject property is surrounded by
development and indicated that every stub road at the time of
zoning for those developments was cut off at citizens'
requests. He further stated that he sympathizes with the
developer not having an alternative for a second public
access, and indicated that he feels the reduction in lots
from 70 to 59 represents an element of fairness to apply to
the developer. He stated that he hopes the Board will stand
its ground in future zonings and provide access to
surrounding neighborhoods to address public safety concerns.
Discussion ensued relative to the reduction in the cash
proffer to address the impact on capital facilities.
Mr. Rudy stated that Mr. Bowe had reduced the amount of the
cash proffer to eliminate the road component, noting that
this is infill development and area roads have already been
improved.
It was generally agreed that the case would be heard.
Mrs. Humphrey made a motion, seconded by Mr. Barber, for the
Board to suspend its rules to consider acceptance of the
amended proffered conditions.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. Rudy stated that the subject property has been owned by
the same family for many years and ibecause of family illness,
must be sold. He requested that. the Board approve the
proposed development.
Ms. Beverly Rogers presented a summary of Case 02SN0159 and
stated that the modified proffered conditions reduce the
number of lots considered by the Planning Commission from 70
to 59 and the amount of cash offered to address impact on
capital facilities from $7,800 to $4,962 with the road
impacts not being adequately addressed. She stated that
staff and the Planning Commission recommended denial of the
original proposal, expressing concerns relative to lack of
access to serve more than 50 lots and the lack of guarantees
relative to similar average lot sizes and density. She
further stated that staff recommends denial of the amended
request because it fails to adequately address the impact on
area roads and provide for adequate emergency access. She
stated that the proposed 59 lots, along with ten lots which
have received tentative approval immediately to the north of
the subject property, would total 69 lots with only one
public access.
Discussion ensued relative to the number of potential access
points that have been eliminated over time.
No one came forward to speak to the request.
02- 142
2/27/02
Firefighter Steve Hall stated that the Fire Department feels
that 50 is the maximum safe number of homes with one public
road access, noting that ten lots have already been approved
for development using the same access as the proposed
development.
When asked, Mr. Bowe stated that it is not likely he will be
able to develop 59 lots.
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
approved Case 02SN0159 and accepted the following proffered
conditions:
The public water and wastewater systems shall be used.
(u)
With the exception of timbering to remove dead or
diseased trees which has been approved by the Virginia
State Department of Forestry, there shall be no
timbering until a land disturbance permit has been
obtained from Environmental Engineering and the approved
devices installed. (EE)
o
The minimum gross floor area for all dwelling units
shall be as follows:
1 story:
More than 1 story:
1,600 square feet
1,800 square feet
(P)
o
A maximum of fifty-nine (59) lots shall be developed on
the property. (p)
The applicant, subdivider, or assignee(s) shall pay the
following to the County of Chesterfield prior to the
issuance of building permit for infrastructure
improvements within the service district for the
property:
$4,962 per dwelling unit, if paid prior to July 1,
2002; or
bo
The amount approved by the Board of Supervisors not
to exceed $4,962 per dwelling unit adjusted upward
by any increase in the Marshall and Swift Building
Cost Index between July 1, 2001, and July 1 of the
Fiscal year in which the payment is made if paid
after June 30, 2002.
C o
At the time of payment, the amount paid will be
allocated as follows, subject to adjustments in
accordance with paragraph b. above: $3,565 for
schools, $805 for parks, $280 for libraries, and
$312 for fire stations.
do
In the event the cash payment is not used for the
purpose for which proffered within 15 years of
receipt, the cash shall be returned in full to the
payor. (B&M)
Ayes: Miller, Barber, Humphrey and McHale.
Nays: Warren.
02- 143
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16. PUBLIC HEARINGS
o TO CONSIDER AN ORDINANCE TO ESTABLISH AND APPROVE A
JOINT POWERS ASSOCIATION AGREEMENT TO PERMIT JOINT
PURCHASES OF ELECTRICITY SUPPLY AND DISTRIBUTION
Mr. Pitaro stated that this date and time has been advertised
for the Board to consider an ordinance to establish and
approve a Joint Powers Association Agreement to permit joint
purchases of electricity supply and. distribution.
Mr. Miller called for the public hearing.
No one came forward to speak to the ordinance.
On motion of Mr. Warren, seconded by Mr. Barber, the Board
adopted the following ordinance:
AN ORDINANCE TO ESTABLISH AND APPROVE
A JOINT POWERS ASSOCIATION AGREEMENT
TO PERMIT JOINT PURCHASES OF ELECTRICITY
SUPPLY AND DISTRIBUTION
WHEREAS, the VML/VACo Virginia Power Steering Committee
(the "Committee"), composed of representatives of
Chesterfield County and other local, governments and political
subdivisions of the Commonwealth, has for over several
decades negotiated on behalf of such governmental units a
standard form contract for their' purchase of electricity
supply and delivery service from Virginia Electric and Power
Company ("Virginia Power") as a sole source provider; and
WHEREAS, political subdivisions of the Commonwealth of
Virginia are authorized under Virginia law to exercise
jointly powers that they otherwise are authorized to exercise
independently, and the terms and conditions of such
authorization are currently set forth in Sections 15.2-1300,
et seq. of the Virginia Code (the "Joint Powers Act"); and
WHEREAS, the Virginia Electric Utility Restructuring Act
(the "Restructuring Act") further authorizes municipalities
and other political subdivisions in the Commonwealth to
aggregate their electricity supply requirements for the
purpose of their joint purchase of such requirements from
licensed suppliers, and the Restructuring Act provides that
such aggregation shall not require licensure; and
WHEREAS, the Virginia Public Procurement Act (the
"Procurement Act") exempts from its competitive sealed
bidding and competitive negotiation requirements (the
"Requirements") the joint procurement by public bodies,
utilizing competitive principles, of electric utility
services purchased through member associations under the
conditions set forth in the Procurement Act; and
WHEREAS, the Committee recommends that the aggregation
and procurement of electric supply, electric delivery, and
other energy-related services ("Energy Services") be
effectuated as provided in the Joint Powers Association
Agreement, a copy of which is attached to and made part of
this Ordinance (the "Joint Powers Agreement"), in accordance
with applicable provisions of the Procurement Act, such as
the utilization of competitive principles pursuant to an
exemption from the Requirements; and
WHEREAS, the Committee also recommends that the other
services provided by the Committee to its members be
effectuated as provided in the Joint Powers Agreement, with
such services consisting of (i) assistance in implementing
standard form contracts for the purchase of services from
02- 144
2/27/02
incumbent electricity utilities, (ii) education of members
regarding electricity procurement issues, (iii) monitoring of
legal and regulatory developments affecting the provision of
electricity service to local governments, and (iv) hiring of
consultants and legal counsel to assist in its provisions of
the foregoing services ("Steering Committee Services").
WHEREAS, it appearing to the Board of Supervisors of
Chesterfield County that the joint procurement of the Energy
Services pursuant to the Joint Powers Agreement and the
provision of Steering Committee Services pursuant to the
Joint Powers Agreement is in the best interests of
Chesterfield County.
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY that:
(1) Competitive sealed bidding and competitive
negotiation for the procurement of Energy Services are not
fiscally advantageous to the public because the procurement
process for Energy Services must be flexible enough to
respond to quickly changing market conditions in which energy
prices can fluctuate considerably on a daily or even hourly
basis.
(2) The aggregation and joint procurement of the Energy
Services pursuant to the Joint Powers Agreement is hereby
approved.
(3) The provision of Steering Committee Services
pursuant to the Joint Powers Agreement is hereby approved.
(4) The Joint Powers Agreement and the performance of
the terms and conditions thereof on behalf of Chesterfield
County are hereby authorized and approved.
(5) The County Administrator is hereby authorized and
directed to execute and deliver the Joint Powers Agreement on
behalf of Chesterfield County in substantially the form
presented at this meeting and attached to this ordinance.
(6) The payment obligations of Chesterfield County
pursuant to the provisions hereof and the Joint Powers
Agreement shall be subject to annual appropriation of
requisite funds therefor by the Board of Supervisors of
Chesterfield County.
(7) This Ordinance shall take effect immediately upon
adoption.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS
01SN0245 (Amended)
In Clover Hill Magisterial District, ALLEN L. KIDD requests
rezoning and amendment of zoning district map from
Agricultural (A) to Corporate Office (0-2). The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for residential use of 1.51 to 4.0
units per acre. This request lies on 5.6 acres fronting
approximately 820 feet on the west line of North Arch Road
across from Arboretum Parkway, approximately 120 feet south
of Knightsbridge Road. Tax IDs 752-704-1695 and 752-705-
2621, 3439 and 3751 (Sheet 6).
Mr. Jacobson presented a summary of Case 01SN0245 and stated
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that the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. He further stated
that Proffered Condition Number 14 has been amended to
address neighborhood concerns relative to methods of access
to Knightsbridge Road, and indicated that it would be
necessary for the Board to suspend its rules to consider the
amended proffered condition.
When asked, Mr. Jacobson stated that the amended proffered
condition is more restrictive than originally submitted.
Mr. Warren stated that the neighborhood supports the proposed
amended proffered condition.
Mr. Warren then made a motion, seconded by Mr. Barber, for
the Board to suspend its rules to ,allow for consideration of
the amended proffered condition.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. Dean Hawkins, representing the applicant, stated that the
applicant has worked very hard to address neighboring
residents' concerns relative to access, and requested that
the Board approve the request.
Mr. Miller called for the public hearing.
No one came forward to speak to the request.
On motion of Mr. Warren, seconded by Mr. Barber, the Board
approved Case 01SN0245 and accepted the following proffered
conditions:
The uses permitted shall be limited to those uses
permitted by right or with restrictions in the
Neighborhood Office (O-1) District. (P)
No buildings shall exceed a height of two (2) stories or
thirty (30) feet, whichever is less. (P)
3. Roof lines shall be pitched. /P)
Freestanding parking lot lights shall not exceed fifteen
(15) feet in height, shall be designed such that the
light source is recessed within the fixture and shall be
sodium vapor. (P)
No use shall be open to the public or employees between
the hours of 9:00 P.M. and 6:00 A.M. This condition
shall not preclude individual employees from performing
office work, such as paper work and phone calls, during
other hours. (P)
Individual buildings shall not exceed 8,000 square feet
of gross floor area. Individual projects shall not
exceed 10,000 square feet of gross floor area per acre.
(p)
Ail structures shall have an architectural style
compatible with surrounding residential neighborhoods.
Compatibility may be achieved through the use of similar
building massing, materials, scale or other
architectural features. (P)
8. Parking decks shall not be permitted. (P)
Ail solid waste storage areas on the property shall be
screened from view of adjacent R Districts by a masonry
or concrete wall which is constructed of comparable
02- 146
2/27/02
10.
11.
12.
13.
14.
15.
16.
17.
materials to and designed to be compatible with the
principal building. (p)
A fifty (50) foot buffer shall be provided along the
western property line. This buffer shall comply with
the requirements of Sections 19-520(a), 19-521(a), (b),
(e), (f), (h) and 522 (a) (2) of the Zoning Ordinance.
(p)
Prior to any final site plan approval or upon request by
the Transportation Department, forty-five (45) feet of
right-of-way on the west side of North Arch Road,
measured from the centerline of that part of North Arch
Road immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
Direct access to the property from North Arch Road shall
be limited two (2) existing driveways. Prior to
issuance for an occupancy permit for any additional
development/redevelopment on the property that would
generate a significant increase in traffic ("New
Development"), as determined by the Transportation
Department, both of the two (2) existing driveways shall
be eliminated, as required by the Transportation
Department. When these driveways are eliminated, direct
access for any New Development to North Arch Road shall
be eliminated to one (1) entrance/exit. This access
shall align the Arboretum Parkway intersection. The
exact location of this access shall be approved by the
Transportation Department. (T)
No access shall be provided from the property, across
the adjacent property to the north (Tax ID 7527054058),
to Knightsbridge Road. (T)
Prior to final site plan approval for any New
Development, an access easement, acceptable to the
Transportation Department, shall be recorded across the
property to provide shared use of the North Arch Road
access with the adjacent property to the north (Tax ID
7527054058). The access easement shall include language
that allows development on that adjacent property to
utilize the easement, only if that adjacent property
zoning precludes access to Knightsbridge Road. (T)
Prior to issuance of an occupancy permit for any New
Development, the developer shall be responsible for: 1)
construction of additional pavement along North Arch
Road at the approved access to provide left and right
turn lanes, based on Transportation Department
standards: and 2) full cost of traffic signal
modification at the Arboretum Parkway/North Arch Road
intersection, if warranted as determined by the
Transportation Department. The developer shall dedicate
to Chesterfield County, free and unrestricted, any
additional right-of-way or easements required for these
road improvements. (T)
Ail site plans shall be submitted to the Planning
Commission for review and approval. (P)
The developer shall be responsible for the notification,
by registered, certified or first class mail, of the
last know representative on file with the Chesterfield
County Planning Department of Shenandoah Subdivision of
the submission of any site plan. Such notification
shall occur as soon as practical, but in no event less
than twenty-one (21) days prior to approval or
disapproval of the site plan The developer shall provide
02- 147
2/2?/02
the Planning Department with evidence that such notice
was sent. (P)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02SN0196
In Bermuda Magisterial District MAO MAN PEOU requests a
Mobile Home Permit and amendment of zoning district map to
park a mobile home in a Residential (R-7) District. The
density of this proposal is approximately 3.33 units per
acre. The Comprehensive Plan suggests the property is
appropriate for residential use of 2.51-4 units per acre.
This property is known as 2907 Kerrydale Drive. Tax ID 787-
690-9204 (Sheet 12).
Mr. Jacobson presented a summary of Case 02SN0196 and stated
that staff recommends denial because the mobile home does not
meet traditional single family dwelling design standards; may
have an adverse impact on the character of the residential
neighborhood; and may discourage maintenance and upkeep of
single family homes within the surrounding area.
Ms. Mao Man Peou requested that the Board approve the
request.
Mr. Miller called for the public hearing.
Ms. Rhea Hart, President of the ~npthill Civic Association,
stated that the residents have worked to eliminate mobile
homes that had deteriorated into unsafe conditions and do not
support the request. She further stated that she feels
approval would set a bad precedent for the community and
requested that the Board deny the request.
There being no one else to speak to the request, the public
hearing was closed.
Mr. McHale stated that he feels staff's recommendation is
sound. He further stated that there are no existing mobile
homes in the area and the residents have worked diligently to
clean up the neighborhood.
Mr. McHale then made a motion for the Board to deny Case
02SN0196.
Mr. Barber seconded the motion. He expressed concerns that,
if the General Assembly were to approve legislation to allow
by-right placement of manufactured homes in residential
areas, the applicant would be allowed to place a mobile home
on the subject property and the public would have no voice in
the process. He suggested that citizens contact their
elected state representatives and express their views
relative to the issue.
Mr. Miller called for a vote on. the motion made by Mr.
McHale, seconded by Mr. Barber, for the Board to deny Case
02SN0196.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02SN0156
In Matoaca Magisterial District, HOPE BRYSON WOOLWINE AND
GREGORY PARKER WOOLWINE request rezoning from Residential (R-
7) to Agricultural (A) with Conditional Use and Conditional
Use Planned Development and amendment of zoning district map
02- 148
2/27/02
to permit office and exceptions to Zoning 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 0.3 acre and is known as 1200 Courthouse
Road. Tax ID 745-697-0018 (Sheet 10).
Mr. Jacobson presented a summary of Case 02SN0156 and stated
that staff recommends denial because the proposed use does
not conform to the Powhite/Route 288 DeveloDment Area Plan
which suggests the property is appropriate for medium density
residential use of 1.51 to 4.0 dwelling units per acre. He
further stated that the Planning Commission recommends
approval and acceptance of the proffered conditions and noted
that there has been a special exception permitting a business
from the home for a number of years with no noticeable
adverse impact on adjacent properties.
Ms. Hope Bryson Woolwine stated that she has been operating
her insurance office on the property for a number of years
and has substantially improved the appearance of the
property. She further stated that the request has been made
because she is now married and would like to remove the
restriction that requires her to live on premise. She
questioned whether at this point she could seek further
exceptions to the required number of parking spaces.
Discussion ensued relative to the exception to the number of
required parking spaces, and it was noted that the case would
need to be amended and readvertised.
Ms. Woolwine stated that she is willing to proceed with the
application as submitted.
Mr. Miller called for the public hearing.
No one came forward to speak to the request.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved Case 02SN0156 and accepted the following proffered
conditions:
This Conditional Use shall be granted to and for Hope
Bryson Woolwine and Gregory Parker Woolwine and shall
not be transferable nor run with the land. (P)
This Conditional Use shall be limited to the operation
of an insurance and financial services business. (P)
There shall be a maximum of six (6) employees, to
include the applicants, permitted on the property at any
given time. (P)
This use shall not be open to the public between 6:00
P.M. and 9:00 A.M., Monday through Friday nor before
10:00 A.M. or after 1:00 P.M. on Saturday. No Sunday
operation shall be permitted. This condition would not
preclude individual employees from performing office
work, such as paperwork and phone calls during other
hours. (p)
o
Except as required by the building code, there shall be
no additions or exterior alterations to the structure to
accommodate this use. (p)
One (1) sign, not to exceed an area of twenty-four (24)
square feet and a height of eight (8) feet shall be
permitted to identify this use. (P)
02-
2/27/02
Exterior lights shall conform to Section 19-573 of the
Zoning Ordinance. (P)
Surface treatment for driveways and parking areas shall
conform to Section 19-514 (d)(3) of the Zoning
Ordinance. (P)
Ayes: Miller, Warren, Barber, Humphrey and McHal.e.
Nays: None.
029N016~
In Midlothian Magisterial District, STONEHENGE/WOOD
ASSOCIATES, L.C. requests amendment of Conditional Use
Planned Development (Case 98SN0123) and amendment of zoning
district map to delete garage door design conditions. The
density of such amendment will be controlled by zoning
conditions or Ordinance standards.. The Comprehensive Plan
suggests the property is appropriate for planned transition
area suitable for medium density housing of 7-14 units per
acre. This request lies in a Residential Multi-family (R-MF)
District on 5.1 acres and a Residential Townhouse (R-TH)
District on 5.5 acres fronting in four (4) places
approximately 1,100 feet on the so'uth line of Farnham Drive,
measured approximately 600 feet south of its intersection
with Midlothian Turnpike. Tax IDs 736-706-0185, 3285, 3479,
3493, 4074, 4772, 5478, 5864, 6057, 6272, 6450, 6843, 7541,
7560, 7668, 8259, 8343, 8666, 8947 and 9550 and 737-706-0055,
0262, 0268 and 0576 (Sheet 6).
Ms. Rogers presented a summary of Case 02SN0161 and stated
that staff recommends denial beca'use the proposal does not
address the quality design as suggested by the Midlothian
Area Plan and garages predominating the streetscape will
result in a less desirable visual pleasing development. She
further stated that staff as well as the Planning Commission
and Board have addressed garage door orientation in
developments having higher densities than typically found in
Residential R-12. She stated that: the Planning Commission
recommended approval subject to one condition indicating that
given the existing design, the proposal does not represent an
increased significant adverse visual impact.
Ms. Penny Koch, representing the applicant, stated that in
1998 the applicant agreed to a limitation on the percentage
of garage doors facing the street. She further stated that
side loaded garage accesses were not as desirable to buyers
because accessing into the garages was sometimes difficult
and more concrete was needed on, and between, lots resulting
in reduced green space. She stated that front loaded garages
have a negative impact on the interior layout of the units
and indicated that buyers desire the layout of the front
loaded units. She further stated that the request only
affects five of the remaining buildings in one section of the
development and four of the remaining lots in another
section. She stated that both the homeowners' association
and the residents support the request. She further stated
that the Stonehenge Civic Association has expressed no
concerns and requested that the Board approve the request.
Mr. Miller called for the public hearing.
No one came forward to speak to the request.
After brief discussion, on motion of Mr. Barber, seconded by
Mr. Warren, the Board approved Case 02SN0161 subject to the
following condition:
Number of attached units. There shall be no more than five
(5) attached units developed in a row. (P)
02- ~50
2/27/02
(NOTES:
This condition supersedes Condition 9 of
Case 98SN0123 for the request property
only.
With approval of this case, Condition 13
of Case 98SN0123 is deleted for the
request property only.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02SN0174
In Midlothian Magisterial District, CHESTERFIELD COUNTY BOARD
OF SUPERVISORS requests amendment to Conditional Use Planned
Development (Case 87S044) and amendment of zoning district
map to permit indoor recreational uses. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for regional mixed use. This request
lies in a Corporate Office (0-2) District on 7.1 acres and is
known as 1807 Huguenot Road. Tax ID 739-713-8707 (Sheet 6).
Mr. Jacobson presented a summary of Case 02SN0174 and stated
that the Planning Commission and staff recommend approval
subject to one condition. He stated that an adjacent
property owner had expressed concerns relative to
a requirement of a previously approved zoning and schematic
approval requiring access from his property across the
subject property. He further stated that there was a
condition of zoning when the original parcel, which included
the subject property and the adjacent property, was zoned
that required access to Greenspring Road. He stated that the
conditions of zoning allowed the Planning Commission to
modify that condition at the time of schematic plan approval.
He further stated that in 1988, the Planning Commission
approved a schematic plan which required the connection when
a certain square footage of development has occurred and
indicated that that threshold has not yet been met, but
additional development on the property could trigger the
requirement. He stated that both the Planning Commission and
staff recommended to the adjacent property owner that if he
desired relief to that condition, he could make an
application to the Planning Commission requesting a
modification to the access requirement. He further stated
that both the Planning Commission and staff feel that the
access issue does not impact the proposed request.
Mr. Kirk Turner, representing the applicant, introduced Ms.
Dee Dee Forester with the Senior Center of Richmond.
Ms. Forester expressed appreciation to the Board and Planning
staff for their assistance in the zoning process. She stated
that the Planning Commission and staff's recommendation is
acceptable and urged the Board to approve the proposed
request.
Mr. Miller called for the public hearing.
Mr. Oliver "Skitch" Rudy, representing Mr. Howard Cline,
manager of RHJ, LLC, an adjacent property owner, expressed
concerns that the original zoning for the parcel, which
included the subject property and his client's property,
contained a condition that provided that access would be
provided to Greenspring Road in conjunction with the future
second phase of development. He stated that Mr. Cline would
not be able to build an access to Greenspring Road if he were
to develop his property because he does not have an access
easement. He further stated that Mr. McCracken indicated to
02- 151
2/27/02
the Planning Commission that the access to Greenspring Road
is no longer necessary because the traffic light was placed
at Featherstone Drive rather than at Greenspring Road. He
stated that Mr. Cline wants assurance that when he is ready
to build on his property, he will not be required to provide
an access to Greenspring Road.
When asked, Mr. Micas stated that the issue raised by Mr.
Rudy relative to modifying existing zoning conditions cannot
be remedied tonight.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Barber stated that the request is for internal changes to
a building to accommodate the senior center. He further
stated that Mr. Rudy is requesting relief from a condition of
zoning, which cannot be considered, at this time. He stated
that he would not ask the Board to go on record as to what
its decision might be regarding a potential zoning
application from surrounding property owners. He further
stated that he feels the Board should judge the request on
its merits and wait for an application to come forward from
Mr. Cline to deal with the access issue.
When asked, Mr. McCracken stated
Greenspring Road is no longer needed.
that the access to
On motion of Mr. Barber, seconded by Mr. Warren, the Board
approved Case 02SN0174 subject to the following condition:
In addition to those uses permitted by Case 87S044, indoor
recreational use, limited to the operation of a senior
center, shall be permitted. Such use shall not be subject to
the square footage restrictions for business uses as
specified in the Textual Statement of Case 87S044, 4. Use
Exceptions. (P)
(NOTE: Ail other conditions of Case 87S044 shall remain in
effect, except as modified by this request.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02SN0179
In Midlothian Magisterial District, SALISBURY CLUB LTD.
requests Conditional Use and amendment of zoning district map
to permit golf course use in a Residential (R-40) District.
The density of such amendment will. be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for iow density
residential use of one (1) dwelling unit per acre or less.
This request lies on 84.4 acres fronting approximately 775
feet on the north line of West Salisbury Road at Starcross
Road and is located at the terminus of Kings Lynn Road. Tax
IDs 729-716-1579, 4476 and 6373 and 729-717-3552 (Sheets 1
and 2).
Ms. Rogers presented a summary of Case 02SN0179 and stated
that the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. She further stated
that the proposed use would provide an amenity for area
residential development and would also be compatible with
area development. She stated that concerns were expressed at
the Planning Commission meeting that the proposed development
might adversely affect area residents' septic tank and
drainfield systems. She further stated that, after review of
the development plans, the Health Department has indicated
that the development should not affect the performance of
02- 152
2/27/02
area drainfields and noted that the improved water management
system is likely to be beneficial to the performance of area
drainfields.
Mr. Will Shewmake, representing the applicant, stated that a
number of proffered conditions have been made including a
condition that there would be no residential homes on the
property. He further stated that golf courses enhance
property values and do not adversely impact residential
neighborhoods. He stated that the applicant filed a request
to timber its property and also agreed not to timber within
100 feet of the property line until the zoning case was
completed. He further stated that he feels the applicant has
addressed all neighborhoods concerns and requested that the
Board approve the request.
When asked, approximately 20 people stood in favor of the
proposed request.
Mr. Miller called for the public hearing.
Mr. Kevin Abare expressed concerns relative to the subject
property bein9 classified as non-wetlands. He stated that
while he has no objections to a landowner timbering his
property, moving dirt is not timbering, but development. He
also expressed concerns that the Salisbury Golf Club has been
charging additional dues to its members for the golf course
expansion, even though the rezoning has not been approved.
Mr. Ken Gee, neighbor of the Salisbury Country Club, stated
that he attended a community meeting at the club where all of
his concerns were addressed, and indicated that he feels the
golf course will be a first class development.
Mr. George Regal, a resident of Glendower Road adjacent the
the proposed ~olf course expansion, stated that he is pleased
to have the golf course as a neighbor.
Mr. Frank Crowe, a resident of Glendower Road, expressed
concerns that the first notification he received of the
proposed development was when the timbering began. He
questioned whether the 100 foot buffer to timberin~ is
temporary or permanent.
Mr. Doug Jackson, a Salisbury resident and adjacent property
owner, provided an old map from the 1950's indicating that
the subject property was designated for recreational use, and
also provided a map from the 1970's indicating that the
subject property was designated for a golf course. He stated
that he feels the removal of standing ground water on the
subject property will help eliminate mold and reduce the
mosquito population in the area. He further stated that he
feels the proposed development will increase his property
value and indicated that he supports the request.
Ms. Mary Adams stated that she would rather have a golf
course than residential development on the subject property
and indicated that she supports the proposal.
Mr. Shewmake stated that the Corps of Engineers evaluated the
subject property and determined that no wetlands existed. He
further stated that the applicant began timbering the
property to be prepared for the growing season. He stated
that the applicant does not plan to leave a 100-foot buffer
and indicated that many neighbors have expressed concerns
that the trees are blocking their view of the ~olf course.
He further stated that the proposed development will be a
beautiful asset to the area and requested the Board's
approval of the request.
There bein~ no one else to speak to the request, the public
hearing was closed.
02- ~53
2/27/02
Discussion ensued relative to the plroximity of the fairways,
tees and greens to the adjacent property owners.
When asked, Mr. Shewmake stated that no mitigation was
necessary for the Corps of Engineers to declare that the
property had no wetlands.
Mr. Warren expressed appreciation to the residents who were
present to support the request.
Ms. Rogers stated that there are no zoning restrictions
relative to the proximity of timbering to adjacent property,
but there is a zoning restriction on setbacks of fairways,
tees and restroom facilities which are basically 50 feet with
the exception of one area. She further stated that the
condition does not require tree preservation or landscaping
in the setbacks.
When asked, Mr. McElfish came forward and stated that the
subject property is extremely flat. and damp. He further
stated that the Corps of Engineers determines whether
wetlands exist based upon soil, water and vegetation
conditions.
Mr. Barber stated that damp property is not necessarily
classified as wetlands. He further stated that the Corps of
Engineers determines wetlands and indicated that it is not a
county issue. He expressed concerns that any citizen would
feel that the proposed development was "a done deal" prior to
the public process.
Mr. Barber then made a motion, seconded by Mr. Warren, for
the Board to approve Case 02SN0179 and accept the proffered
conditions.
Mrs. Humphrey stated that the Board struggles with
preservation of land that does not belon~ to the county. She
further stated that the Board uses every tool possible to
legally manage zoning requests.
Mr. Miller called for a vote on the motion made by Mr.
Barber, seconded by Mr. Warren, for the Board to approve Case
02SN0179 and accept the following proffered conditions:
With the exception of security lighting which shall
conform to Section 15-573 of the Zoning Ordinance, there
shall be no exterior lighting. (P)
Uses shall be limited to the following: A golf course
and other uses that are customarily accessory and
incidental to golf course use. Provided, further, there
shall be no buildings, except restroom facilities, or
parking areas permitted on the subject property, and
single-family dwellings shall be prohibited. Further,
any restroom facilities shall be architecturally
compatible with the Salisbury Country Club. (P)
A 50-foot setback shall be provided between any fairway,
tee, ~reen, or restroom facility and a public right-of-
way and except for the area identified on Exhibit A as
"Area A," all fairways, ~reens, and any restroom
facilities shall be located a minimum of fifty (50) feet
from any adjacent property line. Any fairway or green
located in "Area A" as generally depicted in Exhibit
A, shall be located a minimum of forty (40) feet from
the adjacent property line. All tees shall be located a
minimum of twenty (20) feet from any adjacent property
line. Provided, however, the minimum setbacks for
fairways, tees, greens, and restroom facilities do not
02- 154
2/2?/o2
apply from the boundary line of Tax ID 725-716-8682 (the
existing Salisbury Country Club). (P)
o
Prior to operation of the golf course, a fertilization
plan for the golf course shall be submitted to the
Chesterfield County Extension Agent for approval, a
monitoring program, acceptable to the Extension Agent,
shall be submitted to the Chesterfield County Extension
Agent for approval. A monitoring program, acceptable to
the Extension Agent, shall be implemented to ensure
compliance with the approved fertilization plan. (EE)
Ail fertilized areas shall drain through a BMP. (Note:
These BMPs are nontraditional BMPs since the impervious
surface is less than sixteen percent.) (EE)
Except from the boundary line of Tax ID 725-716-8682,
pedestrian paths and cart paths shall be located a
minimum of ten (10) feet from any adjacent property.
(p)
Prior to final site plan approval, a letter signed by
the architect of the golf course/uses on the property
shall be submitted to the Planning Department, which
states that the golf course on the subject property has
been designed within industry guidelines so as to
minimize the potential for golf balls to migrate outside
the limits of the golf course. (P)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
18. ADJO~EI~T
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adjourned at 9:28 p.m. until March 11, 2002 at 5:00 p.m.
Ayes: Miller, Warren, Humphrey, Barber and McHale.
Nays: None.
~elly ~-~Mil ler
Cha i rma~
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2/27/02