08-22-2007 Minutes
BOARD OF SUPERVISORS
MINUTES
August 22, 2007
Supervisors in Attendance:
Mr. Kelly E. Miller, Chairman
Mrs. Renny B. Humphrey, Vice Chrm.
Mr. R. M. "Dickie" King, Jr.
Mr. Donald D. Sowder
Mr. Arthur S. Warren
Mr. James J. L. Stegmaier
County Administrator
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Staff in Attendance:
Ms. Jana Carter, Dir.,
Juvenile Services
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Marilyn Cole, Asst.
Asst. County Administrator
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Jonathan Davis, Dir.,
Real Estate Assessments
Mr. will Davis, Dir.,
Economic Development
Ms. Rebecca Dickson, Dep.
County Administrator,
Human Services
Colonel Thierry Dupuis,
Police Department
Mr. Robert Eanes, Asst. to
the County Administrator
Dep. Chief Frank Edwards,
Fire and EMS
Ms. Lisa Elko, CMC,
Clerk
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Joe Horbal,
Commissioner of Revenue
Mr. H. Edward James,
Dir., Purchasing
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Acting Dir.,
General Services
Mr. Michael Likins,
Coop. Extension Director
Mr. Mike Mabe, Director,
Libraries
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.
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Mr. Francis Pitaro, Acting
Deputy County Admin. ,
Management Services
Mr. M. D. Stith, Jr.,
Deputy County Admin. ,
Community Development
Mr. Kirk Turner, Dir.,
Planning
Mr. Scott Zaremba, Asst.
Dir., Human Resource Mgmt.
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Mr. Miller called the regularly scheduled meeting to order at
3:01 p.m.
1. APPROVAL OF MINUTES FOR JULY 2S, 2007
On motion of Mr. King, seconded by Mr. Sowder, the Board
approved the minutes of July 25, 2007, as submitted.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. RECOGNITION OF NACo VOLUNTEERS
Mr. Stegmaier recognized and thanked county employees and
residents who volunteered at the 72nd Annual Conference and
Exposi tion of the National Association of Counties (NACo)
held July 13-17, 2007 at the Richmond Convention Center.
Each volunteer was presented a letter from the County
Administrator in appreciation of his or her service.
2.B. UPDATE ON DROUGHT CONDITIONS
Mr. Stegmaier stated last week the county had to ask for
voluntary restrictions on the use of water. He further
stated, since the time the voluntary restrictions were
requested, there has been a dramatic change in the weather in
the region. He called forward Mr. Covington to provide the
Board with an update on the reasons the voluntary
restrictions were requested and how the situation has
improved since that time.
Mr. Covington stated on August 13th, the county issued a
request for voluntary water conservation measures, driven
specifically by the low water levels in Lake Chesdin. He
further stated the water level in Lake Chesdin ultimately
dropped a total of 37 inches, and Swift Creek Reservoir
dropped 24 inches. He stated the voluntary conservation
measures included an odd-even address system for lawn
irrigation on alternate days for a maximum of three days per .-
week, and other non-essential uses of WCl..ter were requested to
be limited. He further stated, as a result of the recent
rainfall, both Lake Chesdin and Swift Creek are full. He
stated the impact of the rainfall was less significant in the
James River, with the current flow still only 200 cubic feet
per second away from voluntary restrictions. He noted that
the drought has not had a maj or impact: on private wells in
the county, but there have been significant agricultural
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losses, which will be felt in the coming years. He stated,
coincidentally, the Board is being asked today to schedule
public hearings to consider a resolution approving a Regional
Water Plan and an ordinance, which will formalize a Drought
Response Plan and incorporate it into the county ordinance.
He noted these items are related to the water supply plan
Chesterfield has been developing as a result of state
requirements in conjunction with members of the Appomattox
River Water Authority.
In response to Mr. Miller's question, Mr. Covington stated
the county and other members of the Appomat tox River Water
Authori ty lifted the voluntary water conservation measures,
effective August 20th.
Mr. King inquired about the source of the agricultural
information.
Mr. Likins stated the Cooperative Extension office is a part
of the Amelia/Chesterfield County Farm Service Agency area,
which meets periodically with the National Resource
Conservation Service and area farmers. He noted that
agricultural statistics are monitored throughout the growing
season.
3. BOARD MEMBER REPORTS
Mr. Sowder stated concerns have been brought to his attention
regarding buildings that are not properly numbered, according
to county ordinances, especially along Midlothian Turnpike.
He further stated he has spoken with both Environmental
Engineering and the County Attorney's Office, and it seems
that part of the problem is lack of awareness of the
ordinance. He requested that a reminder be sent out in
utility bills of the requirement to have appropriate
numbering for easy identification.
In response to Mr. Miller's question, Mr. Micas stated
buildings that are not located directly on the road must have
a street number that is viewable within a certain distance of
the road.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, OR
CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. King, seconded by Mr. Miller, the Board
moved Item 8 .A. 3., Appointments to the Lower Magnolia Green
Community Development Authority Board, to follow Item 16.A.,
Public Hearing to Consider an Ordinance to Create the Lower
Magnolia Green Community Development Authority; added Item
8. C. 22 ., Extend the Time by Thirty Days for the Planning
Commission to Consider and Make a Recommendation on a
Proposed Impact Fee Ordinance and a Road Improvement Plan
Amendment to the Comprehensive Plan; added Item 8.C.23.,
Request from Planning Commission to Extend their Time to
Consider the Proposed Northern Courthouse Road Community
Plan; added Item 10. B., Closed Session Pursuant to Section
2.2-3711(A) (3), Code of virginia, 1950, as Amended, to
Discuss the Acquisition of Real Estate for an Economic
Development Purpose Where Discussion in an Open Meeting Would
Adversely Affect the Bargaining Position or Negotiating
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Strategy of the Public Body; and adopted the Agenda, as
amended.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
5. RESOLUTIONS
5.A. RECOGNIZING MR. LANE B. RAMSEY, COUNTY ADMINISTRATOR,
UPON HIS RETIREMENT
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Mr. Miller called forward Mr. LanE: Ramsl=y, all Board members
and Mr. Micas for the presentation.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. Lane
Chesterfield County as
having served honorably
of duty in Vietnam; and
B. Ramsey was
an accountant i.n
in the U.S. Army,
first employed by
January 1972 after
including two tours
WHEREAS, Mr. Ramsey was appointed as Assistant Director
of Accounting in March 1974; three years later, he was
promoted to Director of Budget; became director of Budget and
Accounting when the two departments were consolidated in May
1981; and was reclassified as Assistant County Administrator
for Budget and Staffing in January 1987; and
WHEREAS, in April 1987, Mr. Ramsey was appointed as
acting County Administrator by the Board of Supervisors; and
in September 1987, when Chesterfield County had a population
of 181,500, Lane B. Ramsey was appointed as County
Administrator, and held that position until August 13, 2007;
and
WHEREAS, during his 20 years as County Administrator,
Mr. Ramsey has successfully worked with many Board of
Supervisors members, and with wisdom and dedication, has
managed the day-to-day operations of a vibrant, growing
county that now is home to 306,000 residents, and has
overseen an extensive list of award-winning county government
services and programs; and
WHEREAS, under his direction,
earned a national reputation as a
diverse, innovative locality that
governments in America; and
Chesterfield County has
desirable, well-managed,
is a leader among local
WHEREAS, Mr. Ramsey's leadership has been instrumental
in building a financial system that is one of the finest in
the country, resulting in Chesterfield County's attainment
and retention of AAA bond ratings from Standard and Poor's,
Fitch and Moody's, the nation's three foremost bond-rating
agencies, a distinction held by fewer than two dozen of the
nation's local governments; and
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WHEREAS, because of Mr. Ramsey's emphasis on total
quality and customer service, in 1994" Chesterfield County
was awarded the U. S. Senate producti vi ty and Quality Award,
and followed this with being selected twice for the Award for
Continuing Excellence; and
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WHEREAS, Mr. Ramsey has worked with five Superintendents
of Schools to help build one of the best school systems in
the nation, which is now one of the largest in Virginia with
more than 60,000 students; and
WHEREAS, Mr. Ramsey has been devoted
County employees, particularly to their
development needs, and was instrumental
learning organization through the development
University; and
to Chesterfield
training and
in creating a
of Chesterfield
WHEREAS, a strong indicator of a locality's true success
is how its residents feel about it; and
WHEREAS, Citizen Satisfaction Surveys have consistently
shown that nine out of ten Chesterfield County residents rate
the county's quality of life as "good" or "excellent," and
find the county to be safe and a wonderful place to raise
their families; and
WHEREAS, CNN/Money magazine named the county the "16th
Best Place to Live in America"; and
WHEREAS, Mr. Ramsey's leadership has garnered similar
kudos and respect for the county from the business community,
as evidenced by the results of the county's Business
Satisfaction Survey; and
WHEREAS, Lane B. Ramsey's national reputation for
leadership in local government led to his selection as the
winner of the prestigious 1997 National Public Service Award
from the National Academy for Public Administration; and
WHEREAS, a hallmark of Mr. Ramsey's tenure has been his
strong commitment to regional cooperation, as evidenced by
his service on the boards of the Greater Richmond Convention
Center Authority, which he chaired in 2002 and again in 2007;
the Appomattox River Water Authority, which he currently
chairs; the South Central Regional Sewer Authority, for which
he also served as secretary and treasurer; along with serving
as chair of the University of Virginia's Institute of
Government Advisory Committee; and also past service in a
variety of other state and regional organizations; and
WHEREAS, during his tenure, the county adopted its first
annual budget to top $1 billion; experienced more than $2.5
billion in business investments, including welcoming Northrop
Grumman as the largest business investor in the county's
history; was twice named "One of the 100 Best Communities for
Young People" by America's Promise-The Alliance for Youth;
became the second locality in the nation to achieve ISO
14001, the international standard for environmental
management systems; was recognized several times for its
leadership commitment to its employees serving in the reserve
components of the U. S. military; and attained vast numbers
of other awards and instances of special recognition; and
WHEREAS, Mr. Ramsey retired on August 13, 2007; and
WHEREAS, it is unlikely that anyone person will ever
again exert the insightful, long-tenured and exemplary
leadership of Chesterfield County that has exemplified Lane
B. Ramsey's service.
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08/22/07
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of August 2007,
publicly extends to Mr. Lane B. Ramsey the sincere
appreciation of the residents and business community of
Chesterfield County, and conveys to Mr. Ramsey and his wife,
Paula, all best wishes for a long, well-deserved and happy
retirement.
AND, BE IT FURTHER RESOLVED that, in recognition of his
outstanding leadership, the Board of Supervisors has directed _
that the county's Main Administration Building be named the
Lane B. Ramsey Administration Building in honor of Mr. Lane
B. Ramsey, who served as County Administrator for twenty
years.
AND, BE IT FURTHER RESOLVED that this resolution be
presented to Mr. Ramsey in recognition of his outstanding
public service from January 1972 until August 13, 2007.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
A standing ovation followed the Clerk's reading of the
resolution.
Mr. Miller presented the executed resolution to Mr. Ramsey,
accompanied by his wife and granddaughters, Board members and
Mr. Micas, expressed appreciation for his loyal service and
outstanding leadership, and congratulated him on his
retirement.
Mrs. Paula Ramsey unveiled a facsimile of the bronze plaque
that will be placed on the Administration Building naming the
building in Mr. Ramsey's honor.
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Mr. Miller stated, starting today with ~1r. Ramsey, the county
will be honoring retirees, with 25 or more years of service,
with an acrylic statue, inscribed with their name and dates
of service, including a picture of the front of the Historic
Courthouse and a small brick hovering over a paved brick ring
in front of the Courthouse. He further stated the brick
symbolizes that every retiree with 25 years of service will
now have an actual brick installed in this special ring with
their name and years of service inscribed on the brick. He
stated each retiree will also receive a watch that includes
as its face the county seal. He then presented Mr. Ramsey
with the first acrylic statue, inscribed with his name and
dates of service, and a county watch. He also displayed a
brick with Mr. Ramsey's name and dates of service that will
be permanently placed in front of the Historic Courthouse.
Mr. Ramsey made the following remarks:
"I am overwhelmed. I never dreamed i.n my wildest dreams,
first of all, that I would work in one place 35 years. But,
I came to love Chesterfield County so much and there was so
much going on here in such a fine community, there was just
nothing I could do but stay; and then, to think that I would
become County Administrator - that was not in my dreams or
plans either, and circumstances happened that I was in the
right place at the right time, and I have enj oyed almost
every day of that 20 years. I am just overwhelmed at having
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a building named after me; I just don't know what to say
about that. I've worked in that building every day that it's
been open, and now that I've turned my keys in and can't get
in anYmore, I get the building named after me. That's
wonderful, I thank you so much, and my grandchildren will
enjoy that. I'm going to be embarrassed by it, but they will
enjoy that. If you would just bear with me a moment, I would
just like to, everything that was in that resolution is a
resul t of teamwork from the highest level of the Board of
Supervisors to the lowest level of this organization, and I
think if we've done anything, it's been to just have the
ability to coordinate things between all of those various
interests. But, I'd just like to mention a few people that
have been special to me. Obviously, Jay has because we
worked for 28 years together, and Jay has been a part of most
every endeavor this county has made; and Pete Stith, I don't
know of a closer friend that I've ever had than Pete Stith.
He has given me tremendous guidance, and Pete, the advice you
gave me over the years about how we could improve our
diversity efforts and not sacrifice a thing in doing it, but
gain tremendously, has just been wonderful. In 1992, you
were willing to come over in an acting position. You went
through a national search, moved into that deputy's position,
and very quickly brought a division together that is probably
under the most stress from the public of any division that we
have here, and Pete, I thank you for that. Becky Dickson is
not here, but she has moved through the budget position and
gained the trust of the Board, and her knowledge and work in
the budget area, and now she has moved into the human service
area, and has brought those same relationship-building
talents and the ability to work through and understand
detail, and has worked on some special proj ects . It's a
tremendous team that has worked together there, and the
others, Chief DuPuis and Chief Mauger are leading two of the
finest departments in the country, and probably some areas
that the Board doesn't see so much; Karla Gerner and HRM has
done tremendous work because all of the business practice
efforts that we've put into place here have a connection with
our HR functions, staffing, and training, and Karla has
worked through this; and Don Kappel with his Public Affairs
efforts; and Marilyn Cole has coordinated things in my office
with the departments in such a seamless fashion; and Allan
Carmody, who is fairly new on our leadership team, just hit
the ground running and gained the Board's trust in the budget
process, and that's a big responsibility - over a billion
dollar budget, and I just can't thank those folks enough.
That's the team that has put all this stuff together, and
then beyond that, we've got the best group of constitutional
officers here in Chesterfield County than anywhere in the
state. There's not a meeting that I go to that I don't hear
managers complaining about not getting along with their
constitutional officers, and I hear from our constitutional
officers that they go to meetings and hear from
constitutional officers that they can't get along with their
managers. Things are very different in Chesterfield, and we
have a reputation for that, and I could just go on and on.
Department directors here you have department directors
with long tenure here, and you don't have to go too far to
find communities that department directors and leadership
gets moved in an out like a revolving door. So, I could not
be more proud of the support this team has given us, and
Board members, you all have so much to be proud of, too.
Mrs. Humphrey, first woman chairman in the history of
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Chesterf ield County, so you left a mark here too. Mr.
Warren, I remember when that Board came in in 1992, four out
of five new Board members, and we were just a little bit
nervous about what four new Board members might do, and thank
you so much for giving this organization and our staff an
opportunity to show you that we could deliver what you
wanted. I personally appreciate that. Mr. Sowder, you've
hi t the ground running here, and I'll never forget your
comments just a few days after you took office that you had
all the confidence in the world in this staff, and you
thought Chesterfield had one of the best staffs anywhere in -'
Virginia, and we appreciate that. )l.nd, Dickie, you are
finishing your first term, I could say a lot of things, but
I'm going to compliment you. I know you came into office
with an objective and a passion to improve our relationships
with the business community, and you could have gone about
that in so many ways, but you came ini:tnd worked within the
county's system and changed the system rather than fight the
system, and I appreciate that and I know today we have a
better working relationship with our business community
because of you, and I thank you for that. Just again, to let
everyone know, Dickie and I didn't have so much as a Coke on
that flight back from Kansas. Mr. Miller, I just can't say
enough about you, I mean a man that would write an ode about
you is a pretty special friend. I just have such admiration
for you because of your honor, and when I think of statesman,
I think of Mr. Miller because he is such an honest, honorable
man. I know that when you say something, you can take it to
the bank, and I've never found any different. You and I may
have disagreed on many things, but you have never one time
held that against me or the staff, and I just appreciate
that. I just can't say enough for all of you. It's been a
wonderful 35 years, and especially a wonderful 20 years. I
don't know how to end this other than to say thank you, and
thank you for letting me be your county administrator."
A second standing ovation followed.
S.B. RECOGNIZING FIREFIGHTER DOUGLAS K. HANKY, CHESTERFIELD
EMERGENCY AND MEDICAL SERVICES DEPARTMENT, UPON HIS
RETIREMENT
Deputy Chief Edwards introduced Firefighter Douglas Hanky,
who was present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Firefighter Douglas K. Hanky will retire from
the Fire and Emergency Medical Services Department,
Chesterfield County, on September 1, 2007; and
WHEREAS, Firefighter Hanky attendE~d Recruit School #10
in October of 1979 and has faithfully served the county for
nearly twenty-eight years in various assignments as a
Firefighter-Paramedic at the Buford, Chester, Dale, Dutch
Gap, Ettrick, Matoaca, and Rivers Bend Fire and EMS
Departments; as a Flight Medic with M:edflight One-Virginia
State Police; and as a Fire-Public Educator in the Fire and
Life Safety Division of the Fire and EMS Department; and
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WHEREAS,
first flight
Firefighter Hanky was a member of one of the
crews in the establishment of Medflight 1, a
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collaboration between the Fire and EMS Department and
Virginia State Police, on April 1, 1984; and
WHEREAS, Firefighter Hanky was recognized as an
effective team member at emergency scenes, including key
tactical positions that prevented the spread of fire and loss
of life where lives and property were at risk; and
WHEREAS, Firefighter Hanky was recognized on October 6,
1998 with a Fire and EMS Unit Citation for his role in the
rescue of three individuals, one of whom was pregnant, from a
capsized canoe in the Appomattox River; and
WHEREAS, Firefighter Hanky was recognized on March 28,
2000 for his role in the successful resuscitation and
treatment of a female patient in cardiac arrest who was
treated and later released from the hospital; and
WHEREAS, Firefighter Hanky was responsible for the
successful delivery of a newborn baby girl in April of 2000,
during a emergency medical incident in a Matoaca residence;
and
WHEREAS, Firefighter Hanky has had an active role in the
education of well over 6,000 elementary school students, and
countless numbers of employees, adults, and senior citizens
as a public educator; and
WHEREAS, Firefighter Hanky is certified as a Juvenile
Firesetter Intervention Specialist with the National Fire
Academy and has been instrumental in the counseling of
Juvenile Fire Setters and troubled children; and
WHEREAS, Firefighter Hanky has led the delivery of the
Cadet Safety Camp, a collaborative effort by the Fire,
Police, and Sheriff's office, for three consecutive years,
providing safety training to a total of 178 children in that
period; and
WHEREAS, Firefighter Hanky has been
repeatedly by teachers, students, and parents
Chesterfield County Public School system for his
and delivery of fire and life safety education.
recognized
with the
dedication
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of August 2007,
publicly recognizes the contributions of Firefighter Douglas
K. Hanky, expresses the appreciation of all residents for his
service to the county, and extends appreciation for his
dedicated service and congratulations upon his retirement.
AND, BE IT FURTHER RESOLVED that a copy of
resolution be presented to Firefighter Hanky, and that
resolution be permanently recorded among the papers of
Board of Supervisors of Chesterfield County, Virginia.
this
this
this
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Miller presented the
and watch to Firefighter
expressed appreciation
congratulated him on his
executed resolution, acrylic statue
Hanky, accompanied by his daughter,
for his dedicated service, and
retirement.
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Firefighter Hanky expressed appreciation for the opportunity
to serve as a firefighter and thanked the Board and staff for
their support of the Cadet Safety Camp.
A standing ovation followed.
S.C. RECOGNIZING MRS. SANDRA W. COLEMAN, OFFICE OF THE
COMMISSIONER OF THE REVENUE, UPON HER RETIREMENT
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Mr. Horbal introduced Mrs. Sandra Colema.n, who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mrs. Sandra W. Coleman will retire from the
Office of the Commissioner of the Revenue on August 31, 2007;
and
WHEREAS, Mrs. Coleman began her public service with the
county as a clerk-typist in the Office of the Commissioner of
the Revenue on February 1, 1979, and has faithfully served
Chesterfield County for twenty-eight and one-half years; and
WHEREAS, Mrs. Coleman, through hard work and dedication,
progressed from the position of clerk-typist to her current
position of administrative supervisor; and
WHEREAS, Mrs. Coleman grew with the office and
demonstrated flexibility and the highE::st level of service
while displaying dedication to three different commissioners
over her tenure; and
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WHEREAS,
situations,
confidential,
Mrs. Coleman, when
was able to respond in
yet caring, manner; and
met
a
with sensitive
professional and
WHEREAS, Mrs. Coleman was able to take a job with often
complex duties and make it seem simple; and
WHEREAS, Mrs. Coleman's vast knowledge, years of
experience, and tireless dedication to supporting and
achieving the goals and objectives of the Office of the
Commissioner of the Revenue have ena.bled her to make a
significant contribution to the success of this office; and
WHEREAS, more than anything else, Mrs. Coleman has been
a loyal friend to many, often a guidance counselor of sorts
to the department, even humorously unpredictable, but with a
friendly and caring attitude that will be sorely missed.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of August 2007,
publicly recognizes the contributions of Mrs. Sandra W.
Coleman to the citizens and administration of Chesterfield
County; and extends appreciation for her commitment to the
county, congratulations upon her s:uccessful career, and best
wishes for a long and happy retirement.
--
AND,
resolution
BE
be
IT FURTHER
presented
RESOLVED that a
to Mrs. Coleman,
copy of
and that
this
this
07-735
no I.,., In'7
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. King presented the executed resolution, Jefferson Cup,
acrylic statue and watch to Mrs. Coleman, accompanied by
former Commissioner of Revenue Ike Carmichael and Mr. Horbal,
expressed appreciation for her dedicated service, and
congratulated her on her retirement.
Mr. Carmichael stated Mrs.
loyal employee, as well as
the Revenue's office.
Coleman was a very valuable and
an asset to the Commissioner of
Mrs. Coleman expressed appreciation to the Board for the
recognition.
S.D. RECOGNIZING 2007 NACO ACHIEVEMENT AWARD WINNERS
Ms. Cole stated Chesterfield County is the recipient of eight
Achievement Awards from the National Association of Counties
(NACo) this year. She recognized members of the Public
Affairs Department, who received 11 awards from the National
Association of County Information Officers (NACIO).
The following recipients were recognized by Mr. Miller,
accompanied by Mr. Stegmaier, and department representatives
were presented with the 2007 NACo Achievement Awards:
Department
Project
Circuit Court
Web-Based Marriage License
Application
Fire Department
The Citie of Henricus:
Providing 21st Century Fire
Protection in 16th Century
Buildings
Accelerated Emergency Medical
Technician - Intermediate
Course
Human Resource Management
Year of the Older Adult Family
Worklife Program
Library
"So Many Books. . So Little
Time" Readers' Advisory:
Connecting Books and Readers
Mental Health Support
Services
Mental Health Peer-Provider
Program
Police Department
Cadet Safety Camp
Utilities Department
Identifying the Cost of
Customer Service
Mr. Miller and Mr. Stegmaier congratulated and commended each
department on their recognitions.
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Mrs. Humphrey stated Board members each received a copy of a
book by Frances Watson Clark, entitled Chesterfield County
(Images of America). She requested that a copy of the book
be provided to each of the county libraries, each high school
and middle school library, and also to the Virginia State
University Library, indicating that she would be willing to
pay for the books using her District Improvement Funds.
6. WORK SESSIONS
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There were no work sessions at this time.
7. DEFERRED ITEMS
There were no deferred items at this timE=.
8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment of members to serve on the Greater
Richmond Partnership, South Central Wastewater Authority
Board, Youth Services Citizen Board, Community Criminal
Justice Board, and a Trustee to the Supplemental Retirement
Plan.
Ayes: Miller, Humphrey, King, SowdE~r and Warren.
Nays: None.
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8.A.l. VARIOUS BOARD AND COMMISSION APPOINTMENTS
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
simultaneously nominated/appointed Mr. James J .L. Stegmaier
to serve as an alternate member of the Greater Richmond
Partnership, whose term is effective immediately and will be
at the pleasure of the Board.
And, further, the Board simultaneously
Mr. Stegmaier to serve on the South
Authority Board, whose term is effective
be at the pleasure of the Board.
nominated/appointed
Central Wastewater
immediately and will
(It is noted Mr. Stegmaier will replace Mr. Lane Ramsey, who
served on the Greater Richmond Partnership and the South
Central Wastewater Authority Board until his retirement.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
-~
8.A.2. YOUTH SERVICES CITIZEN BOARD
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
simultaneously nominated/appointed Ms. Janet Hall, an adult
representing the Matoaca District, and rlolr. Mark D. Waitkus, an
adul t representing the Bermuda District" to serve on the Youth
07-737
08/22/07
Services Citizen Board, whose terms are effective July 1, 2007
and expire June 30, 2010.
And, further, the Board simultaneously nominated/appointed Mr.
Christian Garland, a student representing the Bermuda
District, to serve on the Youth Services Citizen Board, whose
term is effective July 1, 2007 and expires June 30, 2008.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.A.4. COMMUNITY CRIMINAL JUSTICE BOARD
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
simultaneously nominated/appointed Colonel Thierry Dupuis to
serve on the Community Criminal Justice Board, whose term is
effective July 1, 2006 and expires June 30, 2008.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.A.5. TRUSTEES TO THE SUPPLEMENTAL RETIREMENT PLAN
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
simultaneously nominated/appointed Colonel Thierry Dupuis as
a new Trustee to the Supplemental Retirement Board, whose
term is effective September 1, 2007 and will be at the
pleasure of the Board.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B. STREETLIGHT INSTALLATION COST APPROVALS
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
approved the following streetlight installations:
Dale District
. Not in a recorded subdivision, on Nash Road, in the
vicinity of 10705
Cost to install streetlight: $448.88
Midlothian District
. In the Highland Hills Subdivision
South intersection of Ben Nevis Drive and Robert Bruce
Drive
Cost to install streetlight: $1,686.20
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-738
08/22/07
8.C. CONSENT ITEMS
8.C.l. AUTHORIZE THE RECEIPT AND APPROPRIATION OF GRANT
FUNDS FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF
HEALTH, OFFICE OF EMERGENCY MEDICAL SERVICES TO
PURCHASE LIFE SAVING EQUIPMENT
On motion of Mr. Sowder, seconded by :tIlr. Miller, the Board
authorized the Fire and Emergency Medical Services Department
to receive and appropriate $84,000 in grant funds from the
Commonwealth of Virginia Department of Health, Office of --
Emergency Medical Services to purchase life saving equipment.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.2. ADOPTION OF RESOLUTIONS
8.C.2.a. RECOGNIZING FIREFIGHTER J. KIRK SEITHER,
CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVICES
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Sowder, seconded by ~1r. Miller, the Board
adopted the following resolution:
WHEREAS, Firefighter J. Kirk Seither retired from the
Fire and Emergency Medical Services Department, Chesterfield
County, on August 1, 2007; and
WHEREAS, Firefighter Seither attended Career Recruit
School #12 in 1982 and has faithfully served the county for
over twenty-five years in various assignments as a
Firefighter at the Dutch Gap, Dale, Centralia, and Enon Fire
and EMS Stations, and was also assigned to the Rivers Bend
Fire and EMS Station; and
WHEREAS, Firefighter Seither served as a back-up flight
medic with the initial crew of the Virginia State Police Med-
Flight medical evacuation helicopter at the inception of that
program in the Commonwealth of Virginia; and
WHEREAS, Firefighter Seither was involved in many
successful fire and emergency medical incident scenes,
including service as a member of the county's SCUBA Rescue
team where he was part of a boat crew that on August 18, 1985
rescued a citizen stranded on the top of his automobile after
it was swept off the roadway by the rapidly flowing flood
waters of a rain-swollen powhite Creek; and
WHEREAS, Firefighter Seither was recognized with a Life
Save Award for the professional care he rendered to a patient
suffering from an obstructed airway at the patient's home in
the Greenleigh Trailer Park on March 18, 1995; and
WHEREAS, Firefighter Seither participated in the career
development program and attained a position as a firefighter
specialist in February 2001; and
WHEREAS, Firefighter Seither has continued for these
many years of service to demonstrate pE!rformance meeting the
highest expectations of Chesterfield County and the Fire and
EMS Department.
07-739
08/22/07
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Firef ighter J. Kirk Seither, expresses the appreciation of
all residents for his service to the county, and extends
appreciation for his dedicated service and congratulations
upon his retirement.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
a.C.2.b. RECOGNIZING FIREFIGHTER MARVIN JAMES, CHESTERFIELD
FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT,
UPON HIS RETIREMENT
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
adopted the following resolution:
WHEREAS, Firefighter Marvin M. James will
the Fire and EMS Department, Chesterfield
September 1, 2007; and
retire from
County, on
WHEREAS, Firefighter James attended Recruit School #17
in 1986 and has faithfully served the county for over twenty-
one years in various assignments as a firefighter at the Bon
Air Fire and EMS Department; the Airport Fire and EMS
station; and the Matoaca Fire and EMS Department; and
WHEREAS, Firefighter James was involved and recognized
for the extrication of a victim who had fallen seventy-five
feet inside of a smoke stack at the Dutch Gap Power Station
in October 1994; and
WHEREAS, Firefighter James was recognized in September
2002 with an Emergency Medical Services award for his role in
saving the life of a citizen suffering from cardiac arrest;
and
WHEREAS, Firefighter James was involved and recognized
for the successful extrication of a horse that was stuck in
mud on a Matoaca Road farm in May 2004.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Firefighter James, expresses the appreciation of all
residents for his service to the County, and extends
appreciation for his dedicated service and congratulations
upon his retirement.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
a.C.2.c. RECOGNIZING MR. WILLIAM F. MOSS, UTILITIES
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
adopted the following resolution:
07-740
oa/22/07
WHEREAS, Mr. William F. Moss has served the
Chesterfield as a faithful employee of the
Department since his original hiring on October 13,
County of
Utilities
1976; and
WHEREAS, the expertise developed by Mr. Moss during his
tenure as a waterworks operator at the Falling Creek and then
Addison/Evans Water Plants has enabled him to make
significant contributions to the operation of these two
facilities; and
WHEREAS, Mr.
knowledge and
colleagues to aid
Moss has willingly shared his accumulated
expertise with his younger, developing
them in their growth and development; and
,----'
WHEREAS, Mr. Moss has
Chesterfield County with
service and a patient and
positively on a competent
workforce; and
always presented the citizens of
the highest level of customer
genteel demeanor that reflected
and caring Chesterfield County
WHEREAS, the gentlemanly temperament and true concern
for his co-workers demonstrated by Mr. Moss during his years
of employment with the Utilities Department have resulted in
his being a well-liked and valued colleague.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. William F. Moss
for his outstanding contributions, exprE:sses the appreciation
of all residents for his service to the county, and extends
appreciation for his dedicated service, congratulations upon
his retirement, and best wishes for a long and happy
retirement.
-'
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.2.d. RECOGNIZING SEPTEMBER 24, 2007, AS "FAMILY DAY" IN
CHESTERFIELD COUNTY
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
adopted the following resolution:
WHEREAS, the observance of "Family Day - A Day to Eat
Dinner with Your Children" provides a unique opportunity for
families in Chesterfield County to join one another at the
dinner table as a means of strengthening family
relationships; and
WHEREAS, parental influence is known to
most crucial factors in determining the
substance abuse by teenagers; and
be one of the
likelihood of
WHEREAS, surveys conducted by thE::: National Center on
Addiction and Substance Abuse have consistently found that
children and teenagers who routinely eat dinner with their
families are far less likely to use cigarettes, alcohol and
illegal drugs; and
WHEREAS, meal times offer opportunities for families to
spend time together, providing a basic structure that
strengthens and encourages lasting relationships; and
07-741
08/22/07
WHEREAS, young people from families who almost never eat
dinner together compared to those that do are 72 percent more
likely to use cigarettes, alcohol and illegal drugs; and
WHEREAS, the correlation between family dinners and
reduced risk for teen substance abuse is well documented; and
WHEREAS, Chesterfield County Youth Planning and
Development and SAFE, Chesterfield's substance abuse
prevention coalition, are promoting the importance of family
dinners to parents in Chesterfield County, Virginia; and
WHEREAS, the Chesterfield County Board of Supervisors
recognizes that eating dinner as a family is an important
step toward raising drug-free children.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Monday, September 24,
2007, as "Family Day A Day to Eat Dinner With Your
Children," to recognize the positive impact of strong family
interaction on the well being and future success of the young
people in Chesterfield County.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
a.C.2.e. RECOGNIZING MR. JOSHUA PHILLIP LOGAN WILLIAMSON AND
MR. MAX WILLIAM HRANK UPON ATTAINING THE RANK OF
EAGLE SCOUT
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to their community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law
-
Mr. Joshua Phillip Logan Williamson, Troop 879,
sponsored by Saint Mark's United Methodist Church and Mr. Max
William Hrank, Troop 800, sponsored by Bethel Baptist Church
have accomplished those high standards of commitment and have
reached the long-sought goal of Eagle Scout which is received
by only four percent of those individuals entering the
Scouting movement; and
WHEREAS, growing through their experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare themselves for roles as leaders in
society, Joshua and Max have distinguished themselves as
members of a new generation of prepared young citizens of
whom we can all be very proud.
07-742
oa/22/07
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby extends its
congratulations to Mr. Joshua Phillip Logan Williamson, Troop
879, sponsored by Saint Mark's United Methodist Church and
Mr. Max William Hrank, and acknowledges the good fortune of
the county to have such outstanding young men as its
citizens.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
-
8.C.2.f. RECOGNIZING MAJOR WARNER W. WILLIAMS, POLICE
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
adopted the following resolution:
WHEREAS, Major Warner W. Williams retired from the
Chesterfield County Police Department on July 1, 2007, after
providing 27 years of quality service to the citizens of
Chesterfield County; and
WHEREAS, Major Williams
in the capacity of Patrol
Captain, and Major; and
has faithfully served the county
Officer, Sergeant, Lieutenant,
WHEREAS, Maj or Williams was selected as Rookie of the
Year for the year of 1980; and
WHEREAS,
Department as
and SWAT Team
Major Williams has also served the Police
a member of the Tactical Team, PERT Coordinator
Commander; and
WHEREAS, Major Williams was a graduate of the first
Police Executive Leadership School and is also a graduate of
the FBI National Academy and Chesterfield County's Total
Quality Improvement Program; and
WHEREAS, Major Williams has served as Division Commander
for four divisions of the Police Department, and has served
as Major of all three sworn Bureaus; and
WHEREAS, Major Williams has
thanks and appreciation for
citizens of Chesterfield CountYi
received numerous letters of
service rendered from the
and
WHEREAS, Maj or Williams has
County Police Department with
dedicated service; and
provided the Chesterfield
many years of loyal and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Major Williams' diligent service.
NOW, THEREFORE, BE IT RESOLVED t:hat the Chesterfield -'
County Board of Supervisors recognizes Major Warner W.
Williams, and extends on behalf of its members and the
citizens of Chesterfield County, appreciation for his service
to the county, congratulations upon his retirement, and best
wishes for a long and happy retirement.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-743
no I.,., In'7
a.c.2.g. RECOGNIZING FIREFIGHTER KEVIN GOINS, CHESTERFIELD
FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT,
UPON HIS RETIREMENT
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
adopted the following resolution:
WHEREAS, Firefighter Kevin R. Goins retired from the
Fire and EMS Department, Chesterfield County, on May 1, 2007;
and
WHEREAS, Firefighter Goins was hired as a dispatcher in
the Emergency Communications Center known as "Fire Alarm
Headquarters" in 1977; and
WHEREAS, Firefighter Goins transferred to the
maintenance and logistics section of the fire department in
1978; and
WHEREAS, Firefighter Goins attended Recruit School #9 in
1978 and has faithfully served the county for nearly thirty
years in various assignments as a firefighter at the
Manchester, Chester, Buford, Midlothian and Beach Fire and
EMS Stations; and
-
WHEREAS, Firefighter Goins was recognized as a third
generation member of the Chesterfield Fire Department at
emergency scenes, including a key tactical position at the
Smith fire that prevented the fire from spreading to other
parts of the building.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Firefighter Kevin R. Goins, expresses the appreciation of all
residents for his service to the county, and extends
appreciation for his dedicated service and congratulations
upon his retirement.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.3. AUTHORIZE THE COUNTY ADMINISTRATOR TO RENEW A HEALTH
CARE CONTRACT WITH ANTHEM BLUE CROSS AND BLUE SHIELD
AND A DENTAL CARE CONTRACT WITH DELTA DENTAL PLAN OF
VIRGINIA FOR 200a
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
authorized the County Administrator to renew the county's
contract with Anthem Blue Cross and Blue Shield and its
contract with Delta Dental Plan of Virginia for 2008 at the
rates filed with the papers of this Board.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-744
oa/22/07
8.C.4. REQUESTS FOR AN ENTERTAINMENT FESTIVAL PERMIT
8.C.4.a. FOR THE CHESTERFIELD COUNTY AIRPORT FESTIVAL AND
AIRSHOW FOR OCTOBER 20 AND 21, :2007
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
approved a request for an entertainment festival permit for
the Chesterfield County Airport Festival Airshow for October
20 and 21, 2007.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
.--->^
a. C. S. CONSIDERATION OF INCREASING THE ]~OTOROLA,
INCORPORATED CONTRACT PURCHASE ORDER, AND TRANSFER
APPROPRIATIONS FROM VARIOUS DEPARTMENTS
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
authorized the County Administrator to approve Change Order
14 to increase the Motorola contract purchase order (#685506)
by $175,802, and transferred $160,092 in appropriations from
current year operating department sources.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
a.C.7. STATE ROAD ACCEPTANCE
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
adopted the following resolution:
--
WHEREAS, the streets
recorded in the Clerk's
Chesterfield County; and
described below are shown on plats
Office of the Circuit Court of
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, tha.t this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirem~nts.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the .-,
Virginia Department of Transportation.
Project:
Walthall Ridge
Type Change to the Secondary System of State: Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: !j33.1-229
Street Name and/or Route
07-745
08/22/07
· Walthall Drive, State Route Number 1090
From: 0.04 mL S of Quarterpath Ln., (Rt 1089)
To: 0.09 mL SE of Quarterpath Ln., (Rt 1089), a distance of 0.05 miles.
Recordation Reference: Pb. 159, Pg. 95
Right of Way width (feet) = 50
· Walthall Ridge Drive, State Route Number 1090
-
From: Walthall Crest Ln., (Rt 7184)
To: Cul-de-sac, a distance of: 0.19 miles.
Recordation Reference: Pb, 159, Pg, 95
Right of Way width (feet) = 50
. Walthall Crest Lane, State Route Number 7184
From: Walthall Ridge Dr., (Rt 1090)
To: Walthall Crest Ct, (Rt 7185), a distance of: 0.07 miles.
Recordation Reference: Pb. 159, Pg. 95
Right of Way width (feet) = 50
. Walthall Crest Court, State Route Number 7185
From: Walthall Crest Ln" (Rt 7184)
To: Cul-de-sac, a distance of: 0.13 miles.
Recordation Reference: Pb. 159, Pg, 95
Right of Way width (feet) = 50
. Walthall Crest Lane, State Route Number 7184
From: Walthall Crest Ct, (Rt 7185)
To: Cul-de-sac, a distance of: 0.05 miles.
Recordation Reference: Pb. 159, Pg. 95
Right of Way width (feet) = 50
. Walthall Ridge Drive, State Route Number 1090
From: 0.09 mL SE of Quarterpath Ln., (Rt 1089)
To: Walthall Crest Ln., (Rt 7184), a distance of: 0.06 miles.
Recordation Reference: Pb. 159, Pg. 95
Right of Way width (feet) '" 50
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
07-746
oa/22/07
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
this Board guarantees
as described, and any
drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project:
Fox Club ParkwayNillage Square Parkway
Type Choanae to the Secondary System of State
Addition
..~
Reason for Change:
New subdivision street
Pursuant to Code of Virginia
~33.1-229
Street Name and/or Route
. Fox Club Parkway, State Route Number 5201
From: Hull Street Rd" (Rt. 360)
To: Cosby Rd., (Rt. 690), a distance of: 0,04 miles.
Recordation Reference: Pb. 153, Pb. 40
Right of Way width (feet) = var
. Fox Club Parkway, State Route Number 5201
From: Cosby Rd., (Rt. 690)
To: 0.08 mi. N of Cosby Rd" (Rt. 690), a distance of: 0.08 miles.
Recordation Reference: Pb, 153, Pb. 40
Right of Way width (feet) = var
. Fox Club Parkway, State Route Number 5201
From: 0.08 mi. N of Cosby Rd" (Rt. 690)
To:
0.12 mi. N of Cosby Rd., (Rt. 690), a distance of: 0.04 miles,
-
Recordation Reference: Pb. 153, Pb, 40
Right of Way width (feet) = 88
. Fox Club Parkway, State Route Number 5201
From: 0.12 mi. N of Cosby Rd., (Rt. 690)
To: 0.29 mi. N of Cosby Rd., (Rt. 690), a distance of: 0.17 miles.
Recordation Reference: Pb. 153, Pb. 40
Right of Way width (feet) = var
. Fox Club Parkway, State Route Number 5201
From: 0.29 mi. N of Cosby Rd,. (Rt. 690)
To: 0.09 mi. S of Village Square Py,. (Rt 3867), a distance of: 0,09 miles.
Recordation Reference: Pb, 153, Pb, 40
Right of Way width (feet) = var
. Fox Club Parkway, State Route Number 5201
From: Village Square Py., (Rt. 3867)
To: 0.16 mi. N of Village Square Py., (Rt. 3867), a distance of: 0.16 miles.
Recordation Reference: Pb, 153, Pb. 40
",-,,'--
Right of Way width (feet) = var
. Fox Club Parkway, State Route Number 5201
From: 0.16 mi. N of Village Square Py., (Rt. 3867)
To: 0.01 mi. S of Fox Branch Ln., (Rt. 5223), a distance of: 0.16 miles.
Recordation Reference: Pb. 153, Pb. 40
Right of Way width (feet) = 70
07-747
oa/22/07
· Village Square Parkway, State Route Number 3867
From: Fox Club Py" (Rt 5201)
To: 0.09 mL E of Fox Club Py" (Rt. 5201), a distance of: 0,09 miles.
Recordation Reference: Pb, 153, Pb, 40
Right of Way width (feet) = var
. Village Square Parkway, State Route Number 3867
From: 0,09 mi. E of Fox Club Parkway (Rt 5201)
To: 0.11 mL W of Manor Gate Dr., (Rt 3865), a distance of: 0.27 miles.
Recordation Reference: Pb. 153, Pb. 40
Rig ht of Way width (feet) = 70
Village Square Parkway, State Route Number 3867
From: Fox Club Py" (Rt 5201)
To: 0.11 mL W of Fox Club Py., (Rt 5201), a distance of: 0.11 miles.
Recordation Reference: Pb. 153, Pb. 40
Right of Way width (feet) = var
. Village Square Parkway, State Route Number 3867
From: 0,11 mL W of Fox Club Py., (Rt. 5201)
To: Cul-de-sac, a distance of: 0.35 miles.
Recordation Reference: Pb. 153, Pb. 40
Right of Way width (feet) = 70
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
a.c.a. AWARD OF CONSTRUCTION CONTRACTS
8.C.8.a. FOR THE BELLEAU DRIVE ROUTE 789 WATER LINE
REPLACEMENT
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
awarded a construction contract for County Project #05-0301 -
Belleau Drive Route 789 Water Line Replacement, to Southern
Construction Utilities, Incorporated, in the amount of
$260,507.33, and authorized the County Administrator to
execute the necessary documents.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.a.b. FOR IRONWOOD ROAD SPECIAL TAX AND/OR ASSESSMENT
WATER AND SEWER DISTRICT
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
awarded a construction contract for County Project #04-0162 -
Ironwood Road Special Tax and/or Assessment Water and Sewer
District, to R. M. C. Contractors, Incorporated, in the
amount of $117,516, and authorized the County Administrator
to execute any necessary documents.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-748
08/22/07
a.C.9. ACCEPTANCE OF PARCELS OF LAND
a.C.9.a. ALONG THE NORTH RIGHT OF WAY LINE OF MIDLOTHIAN
TURNPIKE FROM WESTCHESTER OFFICE PARTNERS, LLC
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
accepted the conveyance of a parcel of land, containing 0.019
acres, along the north right of way line of Midlothian
Turnpike from Westchester Office Partners, LLC, and
authorized the County Administrator to execute the deed. (It
is noted a copy of the plat is filed with the papers of this"---
Board. )
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.9.b. FOR WATKINS CENTRE PARKWAY AND ALONG MIDLOTHIAN
TURNPIKE FROM BEP LIMITED PARTNERSHIP
On motion of Mr. Sowder, seconded by t-1r. Miller, the Board
accepted the conveyance of three parcels of land, containing
a total of 1.874 acres, for Watkins Centre Parkway and along
Midlothian Turnpike from BEP Limited Partnership, and
authorized the County Administrator to execute the deed. (It
is noted a copy of the plat is filed with the papers of this
Board. )
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8. C. 9 . c . ALONG THE NORTH RIGHT OF WAY L,INE OF MIDLOTHIAN .-
TURNPIKE FROM BRANCH BANKING AND TRUST COMPANY OF
VIRGINIA
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
accepted the conveyance of a parcel of land, containing 0.121
acres, along the north right of way line of Midlothian
Turnpike from Branch Banking and Trust Company of Virginia,
and authorized the County Administrator to execute the deed.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8. C. 9 . d. ALONG THE SOUTH RIGHT OF WAY L,INE OF CRAIG RATH
BOULEVARD FROM CENTEX HOMES
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
accepted the conveyance of a parcel of land, containing 0.252
acres, along the south right of way line of Craig Rath
Boulevard from Cent ex Homes, and authorized the County
Administrator to execute the deed. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-749
oa/22/07
8.C.9.e. FOR WILFONG COURT FROM WILLIAM B. AND GENE H. DUVAL
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
accepted the conveyance of a parcel of land, containing 1.902
acres, for Wilfong Court from William B. and Gene H. DuVal,
and authorized the County Administrator to execute the deed.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.9.f. FOR ROUNDABOUT WAY FROM THE HEALTH CENTER
COMMISSION FOR THE COUNTY OF CHESTERFIELD
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
accepted the conveyance of a parcel of land, containing 0.183
acres, for Roundabout Way from the Health Center Commission
for the County of Chesterfield, and authorized the County
Administrator to execute the deed. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.9.g. ADJACENT TO PINE GROVE AVENUE FROM RILEY E. INGRAM,
SR.
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
accepted the conveyance of a parcel of land, containing 0.003
acres I adj acent to Pine Grove Avenue from Riley E. Ingram,
Sr. (It is noted a copy of the plat is filed with the papers
of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
a.C.9.h. ALONG THE SOUTH RIGHT OF WAY LINE OF CRAIG RATH
BOULEVARD FROM SWIFT CREEK ASSOCIATES, LIMITED
PARTNERSHIP
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
accepted the conveyance of a parcel of land, containing 0.001
acres, along the south right of way line of Craig Rath
Boulevard from Swift Creek Associates, Limited Partnership,
and authorized the County Administrator to execute the deed.
(It is noted a copy of the plat is filed with the papers of
thi s Board.)
,'~
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
a.C.9.i. ALONG THE WEST RIGHT OF WAY LINE OF WATKINS CENTRE
PARKWAY FROM VILLAGE BANK AND TRUST FINANCIAL
CORPORATION
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
accepted the conveyance of a parcel of land, containing 0.002
acres, along the west right of way line of Watkins Centre
07-750
08/22/07
Parkway from Village Bank and Trust Financial Corporation,
and authorized the County Administrator to execute the deed.
(It is noted a copy of the plat is filed with the papers of
thi s Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.9.j. ALONG CONIFER ROAD AND OLD HOPKINS ROAD FROM
TERRAFORGE, INCORPORATED
-~
On motion of Mr. Sowder, seconded by ~1r. Miller, the Board
accepted the conveyance of six parcels of land, containing a
total of 1.396 acres, along Conifer Road and Old Hopkins Road
from Terraforge, Incorporated, and authorized the County
Administrator to execute the deed. (It is noted copies of
the plats are filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
a.C.9.k. FOR THE EXTENSION OF NORTH BAILEY BRIDGE ROAD FROM
SHAMROCK ASSOCIATES, LLC
On motion of Mr. Sowder, seconded
accepted the conveyance of a parcel
acres, for the extension of North
Shamrock Associates, LLC, and
Administrator to execute the deed.
the plat is filed with the papers of
by Mr. Miller, the Board
of land, containing 0.909
Bailey Bridge Road from
authorized the County
(It is noted a copy of
this Board.)
--
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
a.C.l0. APPROVAL OF LEASE ASSIGNMENT TO CROWN COMMUNICATION,
INCORPORATED
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
authorized the County Administrator to execute a lease
assignment to Crown Communication, Incorporation, in a form
approved by the County Attorney, for a communications tower
at the County Fairgrounds/Salem Middle School.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.11. APPROVAL OF A SALES CONTRACT ADDENDUM FOR HARROWGATE
ROAD FIRE/EMERGENCY MEDICAL SEB~ICES STATION
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
approved a sales contract addendum for the purchase of 5.8
acres, more or less, from the Trustees for the Colonial
Heights Assembly of God Church, for the Harrowgate Road
Fire/Emergency Medical Services Station, and authorized the
County Administrator to execute the addendum.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
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8.C.12. DESIGNATION OF RIGHT OF WAY FOR ROADS WITHIN LUCY
CORR VILLAGE
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
designated right of way for roads wi thin Lucy Corr Village
and authorized the County Administrator to execute the
Declaration. (It is noted a copy of the plat is filed with
the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.13. APPROVAL OF A CONTRACT FOR THE DONATION OF A PARCEL
OF LAND TO THE COUNTY ADJACENT TO MAGNOLIA GRANGE
On motion of Mr. Sowder, seconded by Mr. Millerl the Board
approved a contract for the donation of a parcel of land,
containing 0.4 acres, more or less, adj acent to Magnolia
Grange from Magnolia Investment Associates, and authorized
the County Administrator to execute the real estate contract
and deed. (It is noted a copy of the vicinity sketch is
filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.14. SET DATE FOR PUBLIC HEARINGS
8.C.14.a. TO CONSIDER ADOPTION OF A RESOLUTION APPROVING A
REGIONAL WATER SUPPLY PLAN
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
set the date of September 26, 2007 at 6:30 p.m. for a public
hearing for the Board to consider adopting a resolution
approving a Regional Water Supply Plan.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.14.b. TO CONSIDER AN "ORDINANCE ADOPTING RESTRICTIONS ON
USE OF PUBLIC WATER DURING DROUGHT AND/OR
EMERGENCY CONDITIONS"
On motion of Mr. Sowder, seconded by Mr. Miller, the Board set
the date of September 26, 2007 at 6:30 p.m. for a public
hearing for the Board to consider an "Ordinance Adopting
Restrictions on the Use of Public Water During Drought and/or
Emergency Conditions."
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
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8.C.14.c. TO CONSIDER ADOPTION OF AN ORDINANCE ESTABLISHING A
SPECIAL ASSESSMENT FOR THE LOWER MAGNOLIA GREEN
COMMUNITY DEVELOPMENT AUTHORITY AND APPROVAL OF A
SPECIAL ASSESSMENT AGREEMENT WITH THE LOWER
MAGNOLIA GREEN COMMUNITY DEVE:LOPMENT AUTHORITY
REGARDING THE FINANCING OF CE:RTAIN INFRASTRUCTURE
On motion of Mr. Sowder, seconded by ~lJ:r. Miller, the Board
set the date of September 26, 2007 at 6:30 p.m. for a public
hearing for the Board to consider adoption of an ordinance
establishing a special assessment for the Lower Magnolia '-
Green Community Development Authority (CDA); and approval of
a Special Assessment Agreement between the Board of
Supervisors, the Lower Magnolia Green CDA and Owner(s) of
Property within the CDA District.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.1S. REQUESTS FOR PERMISSION
8.C.15.a. FROM FRANKLIN M. AND BEVERLY L. SHEFFIELD TO
INSTALL PRIVATE WATER SERVICE:S WITHIN A PRIVATE
EASEMENT TO SERVE PROPERTIES ON HAPPY HILL ROAD
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
approved a request from Franklin ~L Sheffield and Beverly L.
Sheffield for permission to install private water services
within a private easement to serve properties on Happy Hill
Road, and authorized the County Administrator to execute the
water connection agreements. (It is noted a copy of the plat
is filed with the papers of this Board.)
-'
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.15.b. FROM KEVIN P. HOUGHTON TO INSTALL PRIVATE SEWER
AND WATER SERVICES WITHIN A :PRIVATE EASEMENT TO
SERVE PROPERTY ON CURTIS STRE:ET
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
approved a request from Kevin P. Houghton for permission to
install private sewer and water services within a private
easement to serve property at 4236 Curtis Street, and
authorized the County Administrator to execute the sewer and
water connection agreement. (It is noted a copy of the plat
is filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, SowdE~r and Warren.
Nays: None.
a.C.1S.c. FROM PATRICIA A. HAMILTON TO INSTALL A PRIVATE
WATER SERVICE WITHIN A PRIVA'I'E EASEMENT TO SERVE
PROPERTY ON HENSLEY ROAD
On motion of Mr. Sowder, seconded by r~[r. Miller, the Board
approved a request from patricia A. Hamilton for permission
to install a private water service within a private easement
to serve property at l3300 Hensley Road, and authorized the
County Administrator to execute the water connection
07-753
08/22/07
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.1S.d. FROM GLORIA B. EASTERLING TO INSTALL A PRIVATE
WATER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE
PROPERTY ON HENSLEY ROAD
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
approved a request from Gloria B. Easterling for permission
to install a private water service within a private easement
to serve property at 13220 Hensley Road, and authorized the
County Administrator to execute the water connection
agreement. (It is noted a copy of the of the plat is filed
with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.15.e. FROM R. L. DUNN FOR AN EXCEPTION TO THE USE OF
PUBLIC WATER FOR A PROPOSED RESIDENTIAL STRUCTURE
LOCATED ON RIVER ROAD
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
approved a request from R. L. Dunn for an exception to the
use of public water for a proposed residential structure
located at 8521 River Road. (It is noted a copy of the
vicinity sketch is filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
a.C.15.f. FROM JOSEPH AND TERRICA STOVER FOR A PROPOSED
FENCE TO ENCROACH WITHIN A VARIABLE WIDTH STORM
WATER MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE
EASEMENT AND A SIXTEEN-FOOT SEWER EASEMENT AND A
FIFTY-FOOT BUFFER ACROSS LOT 2, MINEOLA, A RESUB
OF LOTS 6 AND 7, SECTION E
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
approved a request from Joseph Stover and Terrica Stover for
permission for a proposed fence to encroach within a variable
width storm water management system/best management practice
easement and a 16-foot sewer easement and a 50-foot buffer
across Lot 2, Mineola, A Resub of Lots 6 and 7, Section E,
subj ect to the execution of a license agreement. (It is
noted a copy of the plat is filed with the papers of this
Board. )
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
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8.C.16. REQUESTS TO QUITCLAIM
8.C.16.a. A PORTION OF A TWENTY-FOOT SEWER EASEMENT AND A
TEN-FOOT TEMPORARY CONSTRUCTION EASEMENT ACROSS
THE PROPERTY OF LEROY B. VAUGHAN
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 20-foot sewer easement and a 10-foot temporary
construction easement across the property of Leroy B. _"
Vaughan. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
a.C.16.b. TWO SIXTEEN-FOOT WATER EASEMENTS ACROSS THE
PROPERTY OF COMMONWEALTH GOLF PROPERTIES L.L.C.
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate
two 16-foot water easements across the property of
Commonwealth Golf Properties L.L.C. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.17. AWARD OF CONSTRUCTION CONTRACT FOR PHASE II
MODIFICATIONS OF THE PROCTORS CREEK WASTEWATER
TREATMENT PLANT PROJECT
'..-'
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
awarded a construction contract for County Project #06-0377,
Phase II Modifications Proctors Creek Wastewater Treatment
Plant, to Mid Eastern Builders, Incorporated, in the amount
of $28,330,000, and authorized the County Administrator to
execute the necessary documents.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
a.C.la. AUTHORIZATION OF CHANGE ORDER FOR CONSTRUCTION OF
THE ROUTE 360 (SWIFT CREEK TO vHNTERPOCK ROAD)
COMBINED WIDENING PROJECT NOISE WALL
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
authorized the County Administrator "to execute a change
order, up to $1.5 million, for the construction of a noise
wall on the Route 360 (Swift Creek to Winterpock Road)
combined widening project.
".-
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
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8.C.l9. INITIATION OF CONDITIONAL USES
8.C.19.a. FOR MATOACA HIGH SCHOOL FOR A COMPUTER
CONTROLLED VARIABLE MESSAGE ELECTRONIC SIGN
,-
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
initiated a Conditional Use for Matoaca High School (Tax ID
783-626-4767) to permit a computer controlled variable
message electronic sign; waived the disclosure requirements;
and appointed Mr. Bill Carlson, Athletic Manager for Parks
and Recreation, as the Board's agent.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.l9.b. FOR PLANNED DEVELOPMENT APPLICATION FOR COSBY HIGH
SCHOOL FOR A COMPUTER CONTROLLED VARIABLE MESSAGE
ELECTRONIC SIGN
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
initiated a Conditional Use Planned Development Application
for Cosby High School (Tax ID 714-672-8571) to permit a
computer controlled variable message electronic sign; waived
the disclosure requirements; and appointed Mr. Kirkland
Turner, Director of Planning, as the Board's agent.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.20. ACCEPTANCE OF A DEPARTMENT OF CRIMINAL JUSTICE
SERVICES GRANT AND TO APPROPRIATE $100,000 FOR THE
OPERATION EXPENSES OF THE COMMUNITY CORRECTIONS
SERVICES DUAL TREATMENT TRACK
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
accepted and appropriated $100,000 from the Department of
Criminal Justice Services for the operation of the Community
Corrections Services Dual Treatment Track.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.2l. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO THE POLICE
AND PARKS AND RECREATION DEPARTMENTS AND TO THE
SCHOOL BOARD TO DEFRAY THE COSTS OF THE MIDLOTHIAN
VILLAGE DAY FESTIVAL
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
transferred a total of $2,400 from the Midlothian District
Improvement Fund to the Police and Parks and Recreation
Departments and to the School Board ($300 to the Police
Department; $1,675 to Parks and Recreation; and $425 to
School Board) to rent space and equipment and to provide
services for the Midlothian Village Day Festival.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
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8.C.22. EXTEND THE TIME BY THIRTY DAYS FOR THE PLANNING
COMMISSION TO CONSIDER AND MAKE A RECOMMENDATION
ON A PROPOSED IMPACT FEE ORDINANCE AND A ROAD
IMPROVEMENT PLAN AMENDMENT TO THE COMPREHENSIVE
PLAN
After brief discussion, on motion of Mr. Sowder, seconded by
Mr. Miller, the Board extended the time by 30 days for the
Planning Commission to consider and make a recommendation on
a proposed impact fee ordinance and a road improvement plan
amendment to the comprehensive plan. ~
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.23. REQUEST FROM THE PLANNING COMMISSION TO EXTEND THEIR
TIME TO CONSIDER THE PROPOSED NORTHERN COURTHOUSE
ROAD PLAN
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
extended the time for the Planning Commission's consideration
of the proposed Northern Courthouse Road Communi ty Plan to
allow the Commission to hold a public hearing on the plan at
their December 18, 2007 meeting.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
On motion of Mr. Sowder, seconded by Mrs. Humphrey, the Board
removed Items 8.C.4.b., Request for an Entertainment Festival
Permit for Chesterfield Berry Farm on Saturdays and Sundays -
Between September 22 and October 31, 2007, and 8.C.6.,
Independent Evaluation of County Practices and Procedures
Request for Proposal, from the Consent Agenda for Board
discussion.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.4.b. FOR CHESTERFIELD BERRY FARM ON SATURDAYS AND
SUNDAYS BETWEEN SEPTEMBER 22 AND OCTOBER 31, 2007
Mrs. Humphrey requested that staff prepare an agenda item to
exonerate entertainment festival permit fees for members of
the agricultural community.
Mrs. Humphrey then made a motion, seconded by Mr. Miller, for
the Board to approve a request for a music/entertainment
festival permit for Chesterfield Berry Farm for Saturdays and
Sundays between September 22 and October 31, 2007.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
--
8.C.6. INDEPENDENT EVALUATION OF COUNTY PRACTICES AND
PROCEDURES REQUEST FOR PROPOSAL
Mr. Sowder suggested that the evaluation also include
contributions to non-core government act:ivities.
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Mr. Stegmaier stated staff would be happy to add an
additional scope to the project at the Board's direction.
Mr. Miller inquired whether the independent evaluation would
involve Schools in any way.
-
Mr. Stegmaier stated the Purchasing Department provides the
contracting services for most of the services provided to the
county government, utilities and school system, but does not
provide that service for certain school food service
contracts and school construction contracts. He further
stated the independent evaluation has been discussed with Dr.
Newsome, and he has agreed that schools would participate
with the county on this portion of the scope of the study and
include those activities that are managed by the school
system within the scope of the study.
Mr. Miller stated he appreciates the school system's
cooperation in the area of contracting processes. He
requested that Mr. Stegmaier explore with Dr. Newsome the
possibility of the independent evaluation including
administrative costs and expenses of the school system,
noting that two-thirds of the county's budget goes to
schools.
On motion of Mr. Sowder, seconded by Mr. Warren, the Board
approved proceeding with advertising a request for proposal
for an independent evaluation of county management procedures
and processes, contracting procedures and processes,
contributions to non-core government activities, and to
identify opportunities and make recommendations to make the
county more efficient in spending taxpayers' money.
And, further, the Board directed Mr. Stegmaier to
that Chesterfield County Public Schools agree
evaluation of its administrative costs and expenses.
request
to the
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
9 . REPORTS
9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
accepted a Report on Developer Water and Sewer Contracts.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
.--..
9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
LEASE PURCHASES
Mrs. Humphrey requested that staff prepare agenda items to
transfer Matoaca District Improvement Funds to assist with
the cost of the electronic message signs at Matoaca and Cosby
High Schools. She then requested that Mr. Golden contact the
Chesterfield Quarterback League regarding assistance for
their increasing insurance premiums. She also requested
07-7S8
08/22/07
details of District Improvement Funds used for Historical
Society needs during the past 18 months, and other Historical
Society needs that have not been met. She further requested
an assessment of county scholarships provided to Virginia
State University and how they could be supplemented using
Matoaca District Improvement Funds.
Mrs. Humphrey then made a motion, seconded by Mr. Miller, for
the Board to accept a Report on the Status of General Fund
Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases. ~
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Lieutenant Colonel (Retired) Robert Bruce expressed concerns
relative to debris that was not picked up from his property
after Hurricane Isabel and Tropical Storm Gaston, as well as
additional debris on his property from recent storms.
Mr. Miller requested that staff contact Mr. Bruce and see if
they can assist him with debris removal.
10.B. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A) (3),
CODE OF VIRGINIA, 19S0, AS AMENDED, TO DISCUSS THE
ACQUISITION OF REAL ESTATE FOR AN' ECONOMIC DEVELOPMENT
PURPOSE WHERE DISCUSSION IN AN OPEN MEETING WOULD
ADVERSELY AFFECT THE BARGAINING POSITION OR -/
NEGOTIATING STRATEGY OF THE PUBLIC BODY
On motion of Mr. King, seconded by Mr. Sowder, the Board went
into Closed Session pursuant to Section 2.2 -3 711 (A) (3), ~ode
of Virginia, 1950, as amended, to discuss the acquisition of
real estate for an economic development purpose where
discussion in an open meeting would adversely affect the
bargaining position or negotiating strategy of the public
body.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Reconvening:
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into Closed Session in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
"-
WHEREAS, the virginia Freedom of Information Act
effective July 1, 1989 provides for certification that such
Closed Session was conducted in conformity with law.
07-759
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NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does
hereby certify that to the best of each member's knowledge,
i) only public business matters lawfully exempted from open
meeting requirements under the Freedom of Information Act
were discussed in the Closed Session to which this
certification applies, and
-
ii) only such public business matters as were identified
in the Motion by which the Closed Session was convened were
heard, discussed, or considered by the Board. No member
dissents from this certification.
The Board being polled, the vote was as follows:
Mr. Sowder:
Mr. King:
Mr. Warren:
Mrs. Humphrey:
Mr. Miller:
Aye.
Aye.
Aye.
Aye.
Aye.
11. DINNER
On motion of Mrs.
recessed to the
dinner.
Humphrey, seconded by Mr.
Administration Building,
King,
Room
the Board
502, for
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Reconvening:
12. INVOCATION
Reverend Hank Parker, Senior Pastor of Grace Alive Outreach
Church, gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Michael James McCabe led the Pledge of Allegiance
to the flag of the United States of America.
14. RESOLUTIONS
14.A. RECOGNIZING MR. JOHN GROHUSKY FOR HIS SERVICE AS A
MEMBER OF THE JOHN TYLER COMMUNITY COLLEGE BOARD
Mr. Kappel introduced Mr. John Grohusky, who was present to
,- receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. John Grohusky has served on the John Tyler
Community College Board from March 1998 to June 30, 2007; and
WHEREAS, Mr. Grohusky served as Vice Chairman of the
Board for two years and Chairman of the Board for two years;
and
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WHEREAS, Mr. Grohusky regularly represented the College
at the General Assembly, at statewide events, and at Virginia
Community College System events; and
WHEREAS, Mr. Grohusky provided
College's leadership from a broad
manufacturing experiences; and
wise
ba.se
counsel to
of business
the
and
WHEREAS, Mr. Grohusky regularly interacted with students
and faculty of the institution in order to be better immersed ~
in the issues of the day and the life of the College; and
WHEREAS, Mr. Grohusky led the Board in assisting the
College in the areas of facilities management, curriculum
development, and student services; and
WHEREAS, Mr. Grohusky was an
advocate for John Tyler Community
community colleges generally.
untiring and constant
College and Virginia's
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of August 2007,
publicly recognizes Mr. John Grohusky and expresses
appreciation for his service to the Board of John Tyler
Community College, and to the citizens of the Commonwealth of
Virginia.
AND, BE IT FURTHER RESOLVED that a copy of
resolution be presented to Mr. Grohusky and that
resolution be permanently recorded among the papers of
Board of Supervisors of Chesterfield County, Virginia.
this
this
this
-'
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Sowder presented the executed resolution to Mr. Grohusky,
accompanied by John Tyler Community College President Dr.
Marshall Smith, and expressed appreciation for his advocacy
of the community college system and his service to the John
Tyler Community College Board.
Mr. Grohusky thanked the Board for its support of John Tyler
Community College.
14.B. RECOGNIZING THE RICHMOND KICKERS YOUTH U12 GIRLS ELITE
SOCCER TEAM AND STAFF FOR THEIR OUTSTANDING
REPRESENTATION OF CHESTERFIELD COUNTY
Mr. Golden introduced Team Manager Lisa Syler and
the Richmond Kickers Girls Elite Soccer Team,
present to receive the resolution.
members of
who were
On motion of the Board, the following rE~solution was adopted:
'-
WHEREAS, participation in co-sponsored sports has long
been an integral part of Chesterfield County I s educational,
physical and emotional development for athletes; and
WHEREAS, Mr. Sean Kastetter, Head Coach of the Richmond
Kickers Youth Soccer Club U12 Girls Elite Team, has won his
first State Cup Title in Virginia Youth Soccer; and
07-761
oa/22/07
WHEREAS, under Mr. Kastetter and his staff's direction,
the 2006/2007 Richmond Kickers Youth Soccer Club U12 Girls
Elite Team finished their regular season with a 10-0-4 record
and the tournament season with championship victories in the
Potomac Memorial Day Tournament and the Kickers Club
Invitational; and
WHEREAS, the U12 Kickers Girls Elite Soccer Team was
- Fall 2006 season champion in the Virginia Club Champions
League, and runner up in the Spring 2007 season; and
WHEREAS, the U12 Kickers Girls Elite Soccer Team
competed in the VYSA State Cup Championship and were the
champions, outscoring opponents 11 goals to 5, with a 3 to 2
win over VA Rush Academy White in the State Championship
match; and
WHEREAS, the U12 Kickers Girls Elite Soccer Team
represented the Commonwealth of Virginia in the United States
Youth Soccer Region 1 in Portland, Maine; and
WHEREAS, the team members included Blaire Amis, Allison
Bortell, Tessa Broadwater, Miranda Carlson, Gina D' Orazio,
Blayne Fink, Jayden Metzger, Elizabeth Patrick, Alexandra
Pinkleton, Rachael Seiler, Chloe Starnes, and Elena Wirz.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of August 2007,
publicly recognizes the Richmond Kickers U12 Girls Elite
Soccer Team and staff for their outstanding representation of
Chesterfield County.
AND, BE IT FURTHER RESOLVED that the Board of
Supervisors, on behalf of the citizens of Chesterfield
County, does hereby commend the Richmond Kickers U12 Girls
Elite Soccer Team and staff for their Commitment to
Excellence and Sportsmanship, and hereby express their best
wishes for continued success.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Sowder presented executed
each of the team members,
outstanding accomplishments,
success.
resolutions to Ms. Syler and
congratulated them on their
and wished the team future
14.C. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
14.C.l. MR. CHRISTOPHER PHERSON, MATOACA DISTRICT
14.C.2. MR. MICHAEL MCCABE, DALE DISTRICT
14.C.3. MR. MATTHEW LENNON, MATOACA DISTRICT
14.C.4. MR. JOHN DODGEN, CLOVER HILL DISTRICT
Mr. Kappel introduced Mr. Christopher Pherson, Mr. Michael
McCabe, Mr. Matthew Lennon and Mr. John Dodgen, who were
present to receive the resolution.
07-762
oa/22/07
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. william D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
--
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to their community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law
Mr. John Caleb Dodgen, Troop 800, sponsored by Bethel
Baptist Church; Mr. Matthew Christopher Lennon and Mr.
Christopher Lee Pherson, both of Troop 806, sponsored by
Woodlake United Methodist Church; and Mr. Michael James
McCabe, Troop 880, sponsored by Beulah United Methodist
Church have accomplished those high standards of commitment
and have reached the long-sought goal of Eagle Scout which is
received by only four percent of those individuals entering
the Scouting movement; and
WHEREAS, growing through their experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare themselves for roles as leaders in
society, Caleb, Matthew, Christopher and Michael have
distinguished themselves as members of a new generation of
prepared young citizens of whom we can all be very proud.
--'
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of August 2007,
hereby extends its congratulations to Mr. John Caleb Dodgen,
Mr. Matthew Christopher Lennon, Mr. Christopher Lee Pherson
and Mr. Michael James McCabe, and acknowledges the good
fortune of the county to have such outstanding young men as
its citizens.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Board members presented the executed resolutions and patches
to each of the Eagle Scouts, accorr~anied by members of their
families, congratulated them on their outstanding
achievements, and wished them well in future endeavors.
Each of the scouts provided details
project and expressed appreciati.on
others for their support.
of
to
their
their
Eagle Scout
parents and
--
15. REQUESTS FOR MANUFACTURED HOME PERJ!lITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS/DEFBRRALS - 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
07-763
08/22/07
06SN02S6
In Dale Magisterial District, HENRY E. MYERS, JR. (GENERAL
PARTNER OF MYERS FAMILY PARTNERSHIP) requests rezoning and
amendment of zoning district map from Agricultural (A) to
Corporate 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 mixed use corridor use. This request lies on 6.9 acres
fronting approximately 840 feet on the south line of Lori
Road, also fronting approximately 330 feet on the east line
of Frith Lane and located in the southeast quadrant of the
intersection of these roads. Tax ID 769-663-Part of 9114.
Mr. Turner stated Mr. Miller has requested a deferral of Case
06SN0256 until October 24, 2007.
Mr. Ben Myers, representing the applicant,
deferral is acceptable.
stated the
Mr. Miller called for public comment.
No one came forward to speak to the deferral.
On motion of Mr. Miller, seconded by Mr. Warren, the Board
deferred Case 06SN0256 until October 24, 2007.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07SN0251 (Amended)
In Dale Magisterial Districtl SALVATORE CANGIANO requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential Townhouse (R-TH) plus
Conditional Use Planned Development to permit exceptions to
Ordinance requirements. The density of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for medium density residential use of 1.51 to 4.0 units per
acre. This request lies on 9.3 acres fronting approximately
1,250 feet on the northeast line of Genito Road approximately
180 feet west of Price Club Boulevard. Tax ID 745-683-9215.
Mr. Turner presented a summary of Case 07SN0251 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Jim Theobold, representing the applicant, stated the
recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. Miller I seconded by Mr. King, the Board
approved Case 07SN0251 and accepted the following proffered
conditions:
The Developer (the "Developer")
to Section 15.2-2298 of the
in this zoning case, pursuant
Code of Virginia (1950 as
07-764
oa/22/07
amended) and the Zoning Ordinance of Chesterfield County, for
himself and his successors or assigns, proffers that the
development of the property known as Chesterfield County Tax
Identification Number 745-683-9215 (the "Property") under
consideration will be developed according to the following
conditions if, and only if, the rezoninSJ request for R-TH is
granted. In the event the request is denied or approved with
conditions not agreed to by the Developer, the proffers and
conditions shall be immediately be null and void and no
further force or effect.
--
1. Master Plan. The Textual Statement dated March 16, 2007
shall be the Master Plan. (P)
2. Wastewater. The public wastewater system shall be used.
(U)
3. Timbering. With the exception of timbering which has
been approved by the Virginia State Department of
Forestry for the removal of dead or diseased trees,
there shall be no timbering on the Property until a land
disturbance permit has been obtained from the
Environmental Engineering Department and the approved
devices have been installed. (EE)
4. Cash Proffer. For each dwelling unit developed, the
applicant, subdivider, or assignee(s) shall pay the
following to the County of Chestlerfield prior to the
issuance of a building permit for each dwelling for
infrastructure improvements within the service district
for the Property:
a.
$15,600 per dwelling unit if paid prlor to July 1,
2007; or
--
b. The amount approved by the board of Supervisors not
to exceed $15,600 per dwellinSJ unit adjusted upward
by any increase in the Marshall and Swift Building
Cost Index between July 1, 2006 and July 1 of the
fiscal year in which the paYffiEmt is made after June
30, 2007.
c. Cash proffer paYffients shall be spent for purposes
proffered or as otherwisE~ permitted by law.
d. Should Chesterfield County impose impact fees at
any time during the life of the development that
are applicable to the Property, the amount paid in
cash proffers shall be in lieu of or credited
toward, but not in addition to, any impact fees, in
a manner as determined by the County. (B&M)
5. Buffers. All required buffers shall be located within
recorded open space. (P)
.--
6. Public Streets. All streets that accommodate general
traffic circulation through the development as
determined by the Transportation Department shall be
designed and constructed to VDOT standards and taken
into the State System. (T)
07-765
08/22/07
7. Transportation.
a.
Direct vehicular access from the Property to Genito
Road shall be limited to two (2) public roads. One
(1) access shall align with the crossover on Genito
Road that serves Tracker Drive, and the other
access shall be generally located towards the
northern property line. The exact location of
these accesses shall be approved by the
Transportation Department.
-
b. In conjunction with initial development of the
Property, additional pavement shall be constructed
along Genito Road at each approved access to
provide a separate right turn lane. The developer
shall dedicate to Chesterfield County, free and
unrestricted, any additional right-of-way (or
easements) required for these improvements. (T)
8. Dwelling Units Per Building. A maximum of seven (7)
dwelling units shall be attached; however, a maximum of
four (4) dwelling units shall be attached if anyone or
more of the dwelling units so attached do not contain a
garage. (P)
9. Garages. A minimum of forty percent (40%) of dwelling
units shall have an attached garage. Where provided, if
a garage is not rear- or side-loaded, it shall not be
located closer to the street than the front facade of
the dwelling unit it serves. The subdivision record
plat shall reflect the location of lots where garage
units will be constructed. (P)
10. Driveways. All driveways shall be paved or be concrete.
( P)
11. Street Trees. Street trees shall be planted or retained
along each side of roads and driveways except for
driveways serving individual dwelling units. The exact
spacing, species and size shall be approved at the time
of tentative subdivision and/or site plan review. (P)
12. Sidewalks. Sidewalks shall be provided along both sides
of public roads which have dwelling units fronting the
road. Ornamental pedestrian-scale lighting, not to
exceed fourteen (14) feet in height, shall be provided
to illuminate the sidewalks. (P)
13. Building Materials. The facades of dwelling units shall
be constructed of brick, brick or stone veneer, wood,
vinyl, hardiplank or composite siding, or a combination
of such materials. (P)
14.
Foundations. All exposed portions of
foundations shall be faced with brick.
front and side
( P)
15. Elevations. Buildings containing three (3) story
dwelling units shall have an architectural treatment and
materials generally consistent with those depicted in
the rendering prepared by Jordan Land Design, LLC
attached hereto and made a part herewith. Provided,
however, the Planning Commission may approve alternate
treatment and materials provided the alternative meets
07-766
oa/22/07
the spirit and intent of the a.bove requirement relative
to the building material quality, varied rooflines,
articulation of the doors and windows, and varied color
schemes. (p)
16. Dwelling Size. Each dwelling unit shall have a minimum
gross floor area of 1300 square feet. (p)
17. Lot Width. Each lot, except end lots, shall have a
minimum lot width of twenty (20) feet. (P)
,-
18. Focal Point. The required recreational area along
Geni to Road shall also serve as a "focal point". The
focal point area shall include, but not be limited to,
benches or other amenities that accommodate and
facilitate gatherings. (P)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07SN0262
(Amended)
In Matoaca Magisterial District, SKINQUARTER LLC requests
rezoning from Agricultural (A) with Conditional Use to
Agricultural (A) of 55.0 acres plus Conditional Use to permit
a construction/demolition/debris landfill and a material
recycling operation on this property and an adj acent 56.4
acres currently zoned Agricultural (A). The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for rural conservation area use.
This request lies on a total of 111.4 acres fronting
approximately 40 feet on the south line of Hull Street Road
approximately 2,700 feet west of Skinquarter Road. Tax IDs
689-666-8726; 690-664-Part of 5058; and 690-666-8719.
-
Mr. Turner presented a summary of Case 07SN0262 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. William Shewmake, representing the applicant, stated the
recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to thE~ request.
On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board
approved Case 07SN0262 and accepted the following proffered
conditions:
1.
The plan prepared by Joyce Engineering, Inc., dated
March 15, 2007, attached as Exhibit A, shall be
considered the Master Plan. (P)
--
2. Uses permitted in Tract A as identified on the Master
Plan shall be limited to the following:
a. Uses permitted by right or with restrictions in an
Agricultural (A) District.
07-767
OS/22/07
b. Grinding, mulching and processing of vegetative
waste to include grass, leaves, waste and land
clearing debris such as stumps and brush.
c. Soil processing.
d. Composting.
e.
Material recycling facility, to include the
grinding, mulching, recycling, reprocessing, and
management of such materials as wood, pallets,
sheet rock, waste paper, inert materials such as
bricks, concrete and asphalt as well as
construction and demolition material. Provided,
however, the term construction and demolition
materials do not include paints, coatings,
solvents, asbestos, liquid compressed gasses and
garbage.
-
f. Solid waste transfer station to enable trucks to
consolidate the loads from smaller quantity
generators to larger trailers.
g. Wholesales of ground, mulched, processed and/or
recycled materials.
h. Landfills designed for receiving construction,
demolition and debris waste.
i. Any uses permitted in Tract B as identified on the
Master Plan. (P)
3. Uses permitted in Tract B as identified on the Master
Plan shall be limited to the following:
a. Uses permitted by right or with restrictions in an
Agricultural (A) District.
b. Access, roads, utilities, buffers, setbacks, BMPs
or other environmental features or devices. (P)
4.
Retail sales shall be prohibited.
( P)
5. A 100 foot buffer shall be provided around the perimeter
of the opera tion. Within the buffer, existing
vegetation and/or topography shall be supplemented as
necessary to provide year-round screening. Other than
utilities and access which run generally perpendicular
through the buffer, and a fence, there shall be no other
facilities located within this buffer. Landscaping,
including existing vegetation, within the buffer shall
have an initial height, density and be of a species
which will provide year-round screening when installed.
The limits of buffers shall be defined to preclude
dumping and grading within the buffer. Also, there
shall be no filling or grading permitted in the buffer
except that necessary to accommodate utilities, access,
BMPs, and/or landscaping. A detailed plan depicting
these requirements shall be submitted to the Planning
Department in conjunction with site plan review. (P)
6. The area of permitted activity and buffer area shall be
clearly defined by a permanent means. The method of
07-768
OS/22/07
delineation
Department.
shall
(P)
be
approved
by
the
Planning
7. The operations boundary shall be secured by permanent
means (i. e., fencing, etc.) to preclude vehicles from
entering the property at any point other than the single
entrance road. The exact means of securing the boundary
shall be approved by the Planning Department at the time
of site plan approval. (P)
8.
Direct access from the property
limited to one entrance/exit.
this entrance/exit shall be
Transportation Department. (T)
to Route 360 shall be
The exact location of
determined by the
"_,>r'
9. The entrance road shall be hard surfaced for a length of
250 feet from Route 360. Further I the entrance road
shall be designed to preclude the view of activity from
Hull Street Road and secured to prohibit indiscriminate
dumping of materials. The landfill owner/operator shall
be responsible for the removal of any materials dumped
along either the access road or along Hull Street Road
adj acent to the subj ect property. Further, the
owner/operator shall be responsible for removing dirt
and debris from Hull Street Road resulting from the
operation. A procedure for controlling dust shall be
submitted to the Environmental Engineering Department
for approval and shall be implemented in conj unction
with landfilling activity. Measures to correct dust
control problems shall be taken within twenty-four (24)
hours of notification by the County. (P)
10. Prior to the issuance of a building permit, 100 feet of
right-of-way, measured from the centerline of Hull
Street Road along the entire property frontage, shall be
dedicated to and for the County of Chesterfield, free
and unrestricted. (T)
.-,
11. Prior to any site plan approval, a ninety (90) foot wide
right-of-way for an east/west major arterial shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. The exact location of this
right-of-way shall be determined by the Transportation
Department, but shall generally be located at or near
the southern boundary of the Property, but if acceptable
to the Transportation Department, the right-of-way may
be located off-site but generally south of the Property.
(T)
12. Prior to any filling, grinding, mulching or processing
of vegetative waste, soil processing, composting,
material recycling, operation of a transfer station, or
sales of ground, mulched, processed and/or recycled
materials, additional pavement shall be constructed
along Route 360 to provide left and right turn lanes at
the site access. (T)
...-
13. Stormwater runoff from decomposable materials generated
by yard and lawn care or land clearing activities,
including, but not limited to, leaves, grass trimmings,
woody wastes such as shrub and tree prunings, bark,
limbs, roots and stumps, shall not be permitted to drain
or discharge directly into the storm sewer system and/or
07-769
08/22/07
directly to surface water. Areas used for the storage
and recycling of materials shall be graded to minimize
and to collect runoff. Collected runoff shall be
conveyed to a wastewater treatment disposal or holding
facili ty. Such disposal or holding facility includes,
wi thout limi tation, recirculation. A stormwater
pollution prevention plan that is applicable to the
proj ect site shall be developed by the applicant and
submitted to the Office of Water Quality for review and
approval in conjunction with site plan review. (EE)
14. There shall be a minimum seventy-five (75) foot cleared
area between the buffer identified in proffer 5 and the
perimeter of the mulch, compost or other piles of
recyclable material. (P)
15. The site plan shall incorporate the
improvements for County review and approval:
following
a. A pond with a minimum size of .5 acres and a
minimum average water depth of five (5) feet,
excluding any required safety benches, and a dry
fire hydrant to access the water in case of fire.
b. A driveway sufficient to provide emergency vehicle
access to the pond and dry fire hydrant.
c. In conjunction with site plan review, a phasing
plan for the construction of the improvements noted
in proffers 15a and 15b shall be submitted for the
Fire Department's review and approval. (F)
16. Prior to any site plan approval, an access plan for the
East/West Arterial shall be submitted to and approved by
the Transportation Department. Access to the property
from the East/West Arterial shall conform to the
approved access plan. (T)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07SN0300
In Bermuda Magisterial District, ANDREW WALKER requests
rezoning and amendment of zoning district map from
Residential (R-7) 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 office/residential mixed use
uses. This request lies on 0.6 acre and is known as 3453 West
Hundred Road. Tax ID 793-655-4597.
Mr. Turner presented a summary of Case 07SN0300 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Andrew Walker stated the recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
07-770
08/22/07
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved Case 07SN0300 and accepted the following proffered
conditions:
1.
In conjunction with recordation of the initial
subdivision plat, prior to any site plan approval, or
within sixty (60) days from the date of a written
request by the Transportation Department, whichever
occurs first, forty-five (45) feet of right-of-way on
the south side of West Hundred Road (Route 10), measured
from the centerline of that part of Route 10 immediately
adjacent to the property, shall be dedicated, free and
unrestricted, to and for thE~ benefit of Chesterfield
County. (T)
-
2. No direct vehicular access shall be provided from the
property to Route 10. Direct vehicular access from the
property to Curtis Street shall be limited to one (1)
entrance/exit, generally located at the southern
property line. The exact location of this access shall
be approved by the Transportation Department. (T)
3. If any additional impervious is created above what
currently exists on the property, the drainage from all
impervious area will be directed to Curtis Street. (EE)
4. Uses permitted shall be limited to those uses permitted
by right or with restrictions in the Neighborhood Office
(0-1) District. (p)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
-
07SN0332
In Bermuda Magisterial District, BERMUD]~ TRIANGLE PROPERTY LP
requests rezoning and amendment of zoning district map from
Agricultural (A) to General Industrial (1-2). The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for liqht industrial use. This
request lies on one (1) acre fronting approximately ninety
(90) feet on the north line of Battery Dantzler Road
approximately 560 feet east of Old Stage Road. Tax ID 804-
656-1922.
Mr. Turner presented a summary of CaSE~ 07SN0332 and stated
the Planning Commission and staff recommended approval.
Mr. Dean Hawkins, representing the applicant, stated the
recommendation is acceptable.
Mr. Miller called for public comment.
-'
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved Case 07SN0332.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-771
08/22/07
07SN0344
-
In Midlothian Magisterial District, NEW DELIVERANCE
EVANGELISTIC CHURCH requests Conditional Use and amendment of
zoning district map to permit a child care facility and
private school in an Agricultural (A) District. The density
of such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for residential use of 2.51 to 4.0
dwelling units per acre. This request lies on 17.1 acres and
is known as 1701 Turner Road. Tax ID 765-699-3061.
Mr. Turner presented a summary
the Planning Commission and
subject to conditions.
of Case 07SN0344 and stated
staff recommended approval
Mr. Bryan Nevers, representing the applicant, stated the
recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. Sowder, seconded by Mrs. Humphrey, the Board
approved Case 07SN0344, subject to the following conditions:
1.
The operation
facility shall
property. (P)
of the private school and child day
be in conjunction with church use on the
2. Except where the requirements of the underlying
Agricultural (A) zoning are more restrictive, any new
development for the school or child day facility shall
conform to the requirements of the Zoning Ordinance for
Corporate Office (0-2) uses in Emerging Growth Areas.
( P)
3. The following setback criteria shall apply to any
outdoor play fields, courts, swimming pools and similar
active recreational areas:
a. With the exception of playground areas which
accommodate swings, jungle gYms or similar such
facilities, all active play fields, courts,
swimming pools or similar active recreational
facilities which could accommodate organized sports
such as football, soccer, basketball, etc., shall
be located a minimum of 100 feet from adjacent
properties. Within this setback, existing
vegetation shall be supplemented, where necessary,
with landscaping or other devices designed to
achieve the standards for fifty (50) buffers in the
Zoning Ordinance.
b. If active play fields, courts, swimming pools and
similar active recreational areas are set back more
than 100 feet from the adjacent properties, the
landscaping or other design features described in
Condition 3.a may be modified by the Planning
Department at the time of site plan review. Such
modification shall accomplish mitigation of the
visual and noise impacts that sports or related
07-772
08/22/07
activities have on adjacent properties equivalent
to the 100 foot setback/landscaping requirements
described in Condition 3.a.
c. Any playground areas (swinsrs, jungle gYffis or
similar such facilities) shall be set back a
minimum of forty (40) feet from all property lines.
( P)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
.-""
07SN0346
In Bermuda Magisterial District, NEW CINGULAR WIRELESS PCS,
LLC requests Conditional Use and amendmEnt of zoning district
map to permit a communications tower in General Business (C-
5) and General Industrial (1-2) Districts. The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for general commercial uses. This
request lies on 12.5 acres fronting approximately twenty-two
(22) feet on the north line of Rufj:in Mi.ll Road east of Route
1- 95. Tax IDs 805 - 638 - Part of 7~;23; i3 06 - 63 8 -Part of 0723;
and 806-640-Part of 0310.
Mr. Turner presented a summary
the Planning Commission and
subject to conditions.
of Case 07SN0346 and stated
staff recommended approval
Mr. Burke Lewis, representing the applicant, stated the
recommendation is acceptable.
-
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mr. Warren, the Board
approved Case 07SN0346, subject to the following conditions:
1. There shall be no signs permitted to identify this use.
( P)
2.
The base of the tower shall be enclosed by a minimum six
(6) foot high fence, designed to preclude trespassing.
The fence shall be placed so as to provide sufficient
room between the fence and the property line to
accommodate evergreen plantinqB having an initial height
and spacing to provide screening of the base of the
tower and accessory ground-mounted equipment or
structures from adj acent properties. A detailed plan
depicting these requirements shall be submitted to the
Planning Department for approval in conjunction with
final site plan review. (P)
---','
3. The color and lighting system for the tower shall be as
follows:
a. The tower shall be gray or a.nother neutral color,
acceptable to the Planning Department.
b. The tower shall not be lighted.
07-773
08/22/07
c. The tower shall be a monopole structure (P)
4. At such time that the tower ceases to be used for
communications purposes for a period exceeding twelve
(12) consecutive months, the owner/developer shall
dismantle and remove the tower and all associated
equipment from the property. (P)
-
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07SN0348
In Matoaca Magisterial District, JAMES AND HAZEL MILES
request Conditional Use and amendment of zoning district map
to permit a business (boat motor repair) incidental to a
dwelling unit in an Agricultural (A) District. The density
of such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for residential use of 1.01-2.5 units
per acre. This request lies on 2.4 acres fronting
approximately ninety (90) feet on the east line of Branders
Bridge Road approximately twenty (20) feet north of Birdbrook
Drive. Tax IDs 795-621-0072 and 1887.
Mr. Turner presented a summary of Case 07SN0348 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. James Miles and Mrs.
recommendation is acceptable.
Hazel
Miles
stated
the
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board
approved Case 07SN0348 and accepted the following proffered
conditions:
1. This Conditional Use shall be granted to and for James,
Sr. and Hazel Miles , exclusively, for a period not to
exceed five (5) years and shall not be transferable or
run with the land. (P)
2. This Conditional Use shall be limited to the operation
of a boat motor repair business , exclusively, and no
employees other than the applicants shall be permitted.
(P)
3.
Other than normal maintenance or
to meet the Virginia Statewide
shall be no exterior additions
structures. (BI & P)
improvements necessary
Building Code, there
or alterations to the
,,,,.....,,.
4. Except for a 400 square foot area used for motor and
part storage behind the existing garage, storage within
the existing open carport structure attached to the
garage and parking for a maximum of twelve (12) customer
boats, outside storage shall not be permitted.
Additionally, the applicants shall restrict the boat
07-774
oa/22/07
storage and motor
behind the garage.
repair operation to
( P)
the
rear yard
5. There shall be no signs permitted to identify this use.
( P)
6. No deliveries shall be permitted before 8:00 a.m. or
after 5:00 p.m. (P)
7.
Hours of operation shall be restricted to between 8:00
a.m. and 6:00 p.m., Monday through Saturday. No Sunday
operation shall be permitted. (p)
_?
8. The existing solid board fence located along the
property boundary adjacent to Tax ID 795-621-0665,
which shall not exceed a height of seven (7) feet,
shall be properly maintained to preclude view of the
business. (P)
9. All driveway and parking areas shall be at least
graveled. (P)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07SN03S2
In Bermuda Magisterial District, RUS BECK/N. B. GOODWYN AND
SONS request Conditional Use and amendment of zoning district
map to permit General Business (C-5) uses in a General
Industrial (1-2) District. The density of such amendment
will be controlled by zoning conditions or Ordinance ~
standards. The Comprehensive Plan sugqests the property is
appropriate for general industrial use. This request lies on
29.8 acres fronting approximately 960 feet on the north and
approximately 490 feet on the south lines of Bellwood Road
approximately 800 feet east of Jefferson Davis Highway. Tax
IDs 793-674-6970 and 793-675-3644.
Mr. Turner presented a summary
the Planning Commission and
subj ect to one condition and
conditions.
of Case 07SN0352 and stated
staff recommended approval
acceptance of the proffered
Mr. Roger Habeck, representing the applicant, stated the
recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
Mr. King stated, although the proposal does not comply with
the Jefferson Davis Corridor Plan, the proposed uses will
support a commercial need of the existing business already
located on the subject property.
-'
Mr. King then made a motion, seconded by Mr. Warren, for the
Board to approve Case 07SN0352 and accept the following
condition:
In addition to the uses permitted in t~he General Industrial
(1-2) District, those uses permitted by right or with
07-77S
08/22/07
restrictions in the General Business (C-5) District shall be
permitted. (P)
And, further, the Board accepted the following proffered
conditions:
1.
Access. Direct vehicular access from the parcels
identified as Tax ID 793-675-3644 and 793-674-6970 to
Bellwood Road shall be limited to three (3) existing
entrances/exits and one (1) existing entrance/exit,
respectively. Any modification to these accesses shall
be approved by the Transportation Department. (T)
-
2. Right-of-Way Dedication. Prior to any site plan approval
or within ninety (90) days of a written request by the
Transportation Department, whichever occurs first,
thirty-five (35) feet of right-of-way on the south side
of Bellwood Road immediately adjacent to the parcel
identified as Tax ID 793-674-6970, measured from the
centerline of Bellwood Road shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07SN0382
In Midlothian Magisterial District, CHESTERFIELD COUNTY BOARD
OF SUPERVISORS requests Conditional Use Planned Development
and amendment of zoning district map to permit a computer-
controlled variable message, electronic sign. The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for planned transition area use.
This request lies in a Residential (R-15) District on 68.4
acres and is known as 401 Charter Colony Parkway. Tax ID
726-704-6792.
Mr. Turner presented a summary of Case 07SN0382 and stated
the Planning Commission, with four in favor and one
abstention, and staff recommended approval, subject to one
condition.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. Sowder, seconded by Mrs. Humphrey, the Board
approved Case 07SN0382, subject to the following condition:
In addition to Ordinance
controlled, variable message,
to the following standards:
requirements, any computer-
electronic sign shall conform
a. Such sign shall be located on Charter Colony Parkway;
b. Copy shall be limited to a maximum of two (2) lines
which shall not move, but may fade;
c. The message or display shall be programmed or sequenced
to change no more than once every twenty-four (24)
hours;
d. The copy display color shall either be white or yellow;
07-776
08/22/07
e.
f.
Flashing and traveling
Bijou lighting and
prohibited. (p)
messages shall be prohibited; and
animations effects shall be
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mrs. Humphrey requested that the conditional use applications
for signs at Cosby and Matoaca High Schools be consistent
with this application.
'-
oaSN0101
In Bermuda Magisterial, EDWARD STRICKLAND requests renewal of
temporary manufactured home permit OOSN0246 to park a
manufactured home in a Heavy Industrial (1-3) District. The
density of this proposal is approximately 2.22 units per
acre. The Comprehensive Plan suggests the property is
appropriate for General Industrial (1-2) use. This property
is known as 8407-A Haven Avenue. Tax ID 796-675-4921.
Mr. Turner presented a summary of Case 08SN0101 and stated
the Planning Commission and staff recommended approval,
subject to conditions.
Mr. Edward
acceptable.
Strickland
stated
the
recommendation
is
Mr. Miller called for public comment.
No one came forward to speak to the request.
-
On motion of Mr. King, seconded by Ml~. Warren, the Board
approved Case 08SN0101, subject to the following conditions:
1. Edward Strickland shall be the owner and occupant of the
manufactured home. (p)
2. This temporary manufactured home permit shall be granted
for a period not to exceed seven (7) years from date of
approval. (p)
3. No additional permanent type living space may be added
onto this temporary manufactured home. (P)
4. This temporary manufactured home must be skirted and
shall not be placed on a permanent foundation. (P)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Miller stated the Board will cons:ider the Upper Swift
Creek Plan amendment and companion ordinance amendments at
this time.
~
07-777
oa/22/07
16.B. TO CONSIDER THE UPPER SWIFT CREEK PLAN AMENDMENT AND
COMPANION ORDINANCE AMENDMENTS
.~
Mr. Miller stated the Board has just received the Upper Swift
Creek Plan amendment, which the Planning Commission did not
support. He further stated the Board would be doing a
disservice to act on the Plan this evening. He stated it is
his understanding that the Board plans to defer consideration
of the Plan and companion ordinance amendments until October
10, 2007, at which time action must be taken.
Mr. Warren stated there are some cases in the Upper Swift
Creek Watershed area on this evening's zoning agenda. He
further stated concerns have been expressed relative to the
Board acting on cases in the Upper Swift creek Watershed area
prior to the Plan being acted on.
Mr. Miller stated there have been discussions relative to
whether or not the Board should entertain zoning requests
that might be impacted by the Upper Swift Creek Plan
amendment, without knowing what the ultimate Plan will be.
He further stated, in his opinion, it is understood that the
cases within the Upper Swift Creek Plan would be deferred.
Mr. Miller called for public comment on the deferral.
Ms. Andrea Epps stated she supports deferral. She requested
that the Board seriously consider, during the deferral
period, the benefits of having one comprehensive plan from a
transportation and land-use perspective, rather than having
various sub-plans, which are constantly being updated.
Mr. Ryland Reamy, President of the Brandermill Community
Association, requested that the Board defer action on the
Upper Swift Creek Plan amendment and remand it to the
Planning Commission for resolution of the many pending
issues, which are complex and difficult to deal with.
Mr. Tom pakurar stated Hands-Across-the-Lake
deferral of the Plan amendment because of its impact
supply and quality, as well as transportation issues.
supports
on water
Mr. Jim Slaughenhaupt stated he supports the deferral and
appreciates the Board's acknowledgement of the importance of
the Upper Swift Creek Plan.
Mr. William Shewmake stated he supports the deferral,
indicating that the Board has many issues to weigh, including
the reservoir and its viability, as well as the economic
viability of the Route 288 Corridor. He further stated it is
premature to determine whether or not the Plan amendment
should be remanded to the Planning Commission, and he
encouraged Board members to meet with constituents,
businesses and communities during the deferral period to
discuss the complex issues involved with the Plan.
Dr. Betty Hunter-Clapp, representing Hands-Across-the-Lake,
stated she is grateful for the deferral. She expressed
concerns that it could take longer than October for the Board
to review the Plan because of its complexity, and it might be
necessary to remand it to the Planning Commission at that
time.
07-778
oa/22/07
Ms. Kathy Kirk, a resident of the FoxFir8 development, stated
she supports the deferral. She suggested that the Board
review the Chesapeake Comprehensive Plan, which addresses
levels of service for roads and schools when zoning requests
are considered.
Mr. Ben Durvin, a landowner in western Chesterfield, stated
he considers the plan to be an assault on his property
rights, indicating that he would prefer to see it denied as
soon as possible rather than deferred.
--
Mr. Michael Brand, a resident of Mount Hermon Road, thanked
the Board for its hard work on the Uppe~_Swift Creek Plan.
There being no one else to speak to the issue, the public
hearing was closed.
Mr. Warren inquired what would occur during the deferral
period.
Mr. Turner stated staff would continue to work on ordinance
amendments designed to promote and implement the strategies
associated with the Plan, specifically a.s it deals with water
quality issues. He further statE:=d staff would be meeting
with stakeholders in the community to Slain their input. He
stated, hopefully after the deferral period, the Plan will
reasonably demonstrate that the proposed strategy can be
implemented and will allow property within the geography to
be developed in reasonable land use patt:erns while protecting
the reservoir.
In response to Mr. Warren's questions, r~r. Turner stated the
Plan would provide specific recommendations regarding levels
of service for roads and schools. He further stated
phosphorous load in the reservoir would also be addressed.
~
Mrs. Humphrey requested that a comprehensive transportation
evaluation of the Plan area be sha.red with all Board members
prior to the October 10th public hearing"
Mr. Sowder requested that staff meet with representatives of
powhatan County to discuss their participation in measures to
protect the reservoir.
Mrs. Humphrey stated Chesterfield County has a regional water
cooperation agreement with powhatan County. She further
stated discussions with powhatan County would be prudent
because of the residential devElopment occurring at the
headline of Swift Creek.
Mr. King stated the Richmond Regional Planning District
Commission has been discussing the issue of protecting
regional water sources. He further stated he has spoken with
Powhatan Planning Commissioner David Williams, who suggested
discussions between Powhatan and Chesterfield regarding this
issue. He further stated he suggested in a meeting with Mr.
Pakurar and Dr. Clapp that citizen groups from the two
jurisdictions work together to protect the Swift Creek
Reservoir, which also supplies water to powhatan.
-
Mr. Miller reiterated that the Board must act by October 10,
2007 on the proposed Plan.
07-779
oa/22/07
Mr. Warren made a motion for the Board to defer the Upper
Swift Creek Plan amendment until October 10, 2007 to allow
staff time to work with constituent groups with an interest
in the amendment and companion ordinances. He requested
that staff communicate well in advance of October 10th their
recommendations, as they are prepared, so that the public
will be fully informed.
Mr. King seconded Mr. Warren's motion.
Mr. Miller called for a vote on the motion of Mr. Warren,
seconded by Mr. King, for the Board to defer the Upper Swift
Creek Plan amendment and companion ordinance amendments until
October 10, 2007.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
04SN0224
In Matoaca Magisterial District, DOUGLAS R. SOWERS AND SUSAN
S. SOWERS request rezoning and amendment of zoning district
map from Agricultural (A) to Residential (R-12). Residential
use of up to 3.63 units per acre is permitted in a
Residential (R-12) District. The Comprehensive Plan suggests
the property is appropriate for single family residential use
of 2.0 units per acre or less. This request lies on 146
acres fronting approximately 750 feet on the east line of
Lacy Farm Road, approximately 270 feet north of Ahern Road.
Tax IDs 695-695-3122, 695-697-8107 and 696-695-7571.
Ms. Beverly Rogers stated, based upon the Board's deferral of
the Upper Swift Creek Plan, the applicant is requesting a
deferral of Case 04SN0224 until October 10, 2007. She noted
that October 24th is the Board's normal public hearing date
for zoning cases in October.
Mrs. Humphrey suggested that the Board act on the Plan on
October 10th and then consider the deferred zoning cases on
the October 24th regular zoning agenda.
Ms. Carrie Coyner, representing the applicant, stated a
deferral until October 24, 2007 is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the deferral.
On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board
deferred Case 04SN0224 until October 24, 2007.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
05SN0235
In Midlothian Magisterial District, DOUGLAS R. SOWERS
requests rezoning and amendment of zoning district map from
Agricul tural (A) to Residential (R-12). Residential use of
3.63 units per acre is permitted in a Residential (R-12)
District. The Comprehensive Plan suggests the property is
07-780
oa/22/07
appropriate for residential use of 2.0 units per acre or
less. This request lies on 89.2 acres fronting approximately
1,770 feet on the west line of County Line Road approximately
650 feet north of Mt. Hermon Road. Tax ID 702-700-5944.
Mr. Jim Theobold, representing the applicant, stated he will
accept a deferral until October 24, 2007.
Mr. Miller called for public comment.
No one came forward to speak to the deferral. --
On motion of Mr. Sowder, seconded by Mr. King, the Board
deferred Case 05SN0235 until October 24, 2007.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07SN0331
In Dale Magisterial District, NEW BETHEL CHRISTIAN FELLOWSHIP
requests rezoning and amendment of zon:lng district map from
Light Industrial (1-1) to Agricultural (A). The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for li~Jht industrial use. This
request lies on 29.9 acres frontin9 approximately 950 feet on
the north line of Belmont Road across from Corcoran Drive.
Tax ID 759-676-4298.
Ms. Rogers presented a summary of Case 07SN0331 and stated,
since the Planning Commission's hearing of the case, the
applicant has submitted an additional proffered condition to
limit uses permitted on the property to church use and would
preclude any type of residential development on the property
associated with the church use. She further stated the
Transportation Department had indicated concerns relative to
relocation of a ditch along Belmont Road, and the applicant
submitted a proffered condition today agreeing to relocate
the ditch and provide an adequate shoulder. She further
stated the Planning Commission and staff recommended denial,
on a vote of three to two, noting that the proposed zoning
and land uses do not conform to the O~ntral Area Plan, and
the use encroaches into an area designated for economic
development and is incompatible with future industrial uses
in the area, as well as the County Airport.
Ms. Carrie Coyner, representing the applicant, stated the
subj ect property is unique in that the applicant purchased
the property with the intent of building a church on it and
later found out that they could not build a church, as the
property was currently zoned. She further stated the
wetlands located on the subject property make it difficult
for industrial use. She stated the church is not concerned
about noise from the airport. She submitted for the record
a letter regarding the church's commitment that they would
not speak in opposition at any future zoning cases regarding
industrial growth or the expansion of the airport, and that
they would also not complain about any noise from the
airport. She also submitted a petition signed by over 100
residents from surrounding neighborhoods in support of the
property being used as a church, as Dpposed to industrial
07-781
oa/22/07
--"'.
"-"
use. She noted that, since the Commission's hearing of the
case, the applicant has submitted proffered conditions
relative to ditch relocation and shoulder improvements, and
has limited the uses, precluding residential development on
the subject property. She requested the Board's approval and
acceptance of all of the proffered conditions.
-
Discussion ensued relative
believe that a church would
it was purchased.
to the applicant being led to
be permitted on the property when
Mr. Miller expressed concerns that the deed was recorded and
the transaction closed without the church being informed that
the property could not be used for church purposes under the
current zoning.
Mr. Miller called for public comment.
Ms. Clementine Lambert, stated there are two churches within
a quarter-mile of this property and inquired whether
something had changed to not allow churches in this area.
Mr. Miller stated the other churches had already located in
the area prior to the Central Area Plan reflecting that the
property was appropriate for industrial use.
There being no one else to speak to the request, the public
hearing was closed.
On motion of Mr. Miller, seconded by Mr. King, the Board
suspended its rules at this time to allow for the additional
proffered conditions.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Miller stated, in looking at the subject property, R-12
zoning exists to the north,
Agricultural zoning around it.
would not deviate from
circumstances, he feels it
request.
R-7 zoning to the south, and
He further stated he normally
the Plan; but, given the
is justified to approve the
Mr. Miller then made a motion for the Board to approve Case
07SN0331 and accept the proffered conditions, including
Proffered Condition 7 and 8. He stated he would not consider
approval of this request as a precedent to vary from the Plan
on other parcels in the area.
After brief discussion,
recognize in his motion
submitted by the church.
Mr. Micas stated Mr. Miller could
that the Board accepts the letter
Mr. King seconded Mr. Miller's motion. He stated Mr. Howard
Nester, who owns the agricultural property referenced by Mr.
Miller, relayed to him support of the request today,
indicating that the church would be a great neighbor and that
much of the property is unusable.
Mrs. Humphrey encouraged the trustees of the church to have
Ms. Coyner review the real estate transaction. She stated,
07-782
08/22/07
in her opinion, from a land use perspective, the church is a
good use for the subject property.
Mr. Sowder stated he supports churches in the county, but is
concerned about its proximity to the airport.
Mr. Miller stated a large amount of industrial property would
be available for the airport to expand.
Mr. Miller called for a vote on his motion, seconded by Mr.
King, for the Board to approve Case 07SN0331 and accept the
following proffered conditions:
-
The Contract Purchaser-Applicant in this zoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County,
for itself and its successors or assigns, proffers that the
development of the properties known as Chesterfield County
Tax ID 759-676-4298 from 1-1 to A. will be developed as set
forth below; however, in the event the request is denied or
approved with conditions not agreed to by the Applicant,
these proffers and conditions shall be immediately null and
void and of no further force or effect.
1. Timbering. Except for the timbering approved by the
Virginia State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance
permi t has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. (EE)
2. BMP.
-'
a) If the existing dam and pond Eltraddling an adjacent
property line is used for the project's BMP, then
it shall be retrofitted to meet current day
standards as outlined in the Environmental
Engineering reference manual to include, but not
limited to, proper primary spillways, emergency
spillways, and structural stability. The retrofit
design shall be performed by a qualified
professional and all remedial action shall take
place in conjunction with that phase of development
which is located within the dam's contributory
drainage way.
b) If the proper easements cannot be obtained to
retrofit the existing facility, identified in item
2 (a) upstream BMPs shall be constructed to render
the existing primary spillways adequate to pass the
10 year storm. (EE)
3 .
De_~ications/Recordation. Prior to any site plan
approval or within sixty (60) days of from a written
request by the Transportation Department, whichever
occurs first, forty-five (45) feet of right of way on
the north side of Belmont Road i~nediately adjacent to
the property, measured from a revised centerline based
on VDOT Urban Minor Arterial. Standards (50 MPH) with
modifications approved by Chesterfield County
Transportation Department, shall be dedicated free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
--'"
07-783
08/22/07
4. Access. Direct access to Belmont Road shall be limited
to one (1) public road or one (1) entrance/exit. The
exact location of this access shall be approved by the
Chesterfield County Transportation Department. (T)
5. Utilities. To facilitate future extension of the public
wastewater system, a sixteen (16) foot permanent sewer
easement with adjacent parallel ten (10) foot temporary
construction easement shall be dedicated to Chesterfield
County, extending along the natural course of drainage
from Belmont Road to the western boundary of the site.
(U)
6. Prior to any site plan approval for the portion of the
subject property that drains to Belmont Rd., an analysis
shall be made of the existing culvert under Belmont Road
between Corcoran Drive and Licking Creek Drive. If it
is determined that Belmont Road will top on a 10-year
storm with ultimate build-out of the upstream drainage
area for that portion of the development that drains
across Belmont Road, the developer shall retain the two
and ten year post development storms on site and release
at the two and ten year pre-development rates, and also
replace the culverts under Belmont Road such that they
will handle the 10 year pre-development rate from the
subject property plus the existing ten year offsite
runoff. (EE)
7. Permitted uses on the Property shall be limited to
churches and other places of worship, including Sunday
schools and temporary revival tents. No residential
uses shall be permitted. (P)
8. Prior to the issuance of an occupancy permit, the
developer shall be responsible for relocation of the
ditch to provide an adequate shoulder along the north
side of Belmont Road for the entire property frontage
along Belmont Road. The ditch relocation shall not
include any Dominion Virginia Power pole relocations.
The developer shall dedicate to Chesterfield County,
free and unrestricted, any additional right-of-way (or
easements) required for this improvement. (T)
And, further, the Board accepted a letter from New Bethel
Christian Fellowship committing that they would not speak in
opposition at any future zoning cases regarding industrial
growth or the expansion of the airport, and that they would
also not complain about any noise from the airport. (It is
noted a copy of the letter is filed with the papers of this
Board. )
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Miller excused himself from the meeting.
07SN0314
In Matoaca Magisterial District, CARRIE E. COYNER, TRUSTEE
requests rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12) plus Conditional Use
Planned Development to permit exceptions to Ordinance
07-784
08/22/07
requirements. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
conservation: passive recreation and residential use of 2.0
units per acre or less. This request lies on 27.6 acres
fronting approximately 200 feet on the west line of
Winterpock Road approximately 300 feet south of Bethia Road.
Tax ID 721-662-1358.
Ms. Rogers presented a summary of' CaSE! 07SN0314 and stated
the Planning Commission recommended denial, on a vote of _
three to one, with one Commissioner absent, expressing
concerns relative to the impact of the development on traffic
along Winterpock Road. She further stated staff recommended
approval, noting that the proposed zoning and land uses
conform to both the adopted and the proposed Upper Swift
Creek Plan.
Ms. Carrie Coyner, representing the applicant, stated
concerns were expressed at the Planning Commission meeting
relative to connectivity of the proposed development to
Harpers Mill Subdivision. She further stated a large creek
separates the subject property and Harpers Mill Subdivision,
indicating that there would be a significant cost to make
that connection. She stated the tentative subdivision plat
for Harpers Mill has been approved, and there is no stub road
connection because of the creek, which creates a huge
impasse. She further stated, in her di~icussion with Planning
Commissioner Jack Wilson, he was satisfied that a proffered
condition would not be necessary to quarantee that there
would be no connectivity.
Mr. Miller returned to the meeting.
-
Mr. King excused himself from the meeting.
Mrs. Humphrey stated she understands why Planning Commission
members had concerns relative to connectivity, and noted that
they have now been addressed.
Ms. Coyner stated Planning Commissioner Wayne Bass also
expressed concerns relative to adE~quate sight distance, and
since that time, an engineer has looked at the issue of sight
distance when entering and exi tin9 the subj ect property and
determined that this could be addressed. She stated the
impact of the proposed development on capital facilities has
been addressed and noted that two new schools are proposed
for the area.
In response to Mrs. Humphrey's question, Ms. Coyner stated
VDOT determines whether or not sight distance issues exist
that would preclude development.
Discussion ensued relative to the applicant addressing
connectivity issues expressed by Plannin~r Commission members.
--
In response to Mr. Warren's question, Ms. Coyner stated,
al though the subj ect property is located wi thin the Swift
Creek Watershed, in her opinion the Board could move forward
on the request because it conforms to both the adopted and
proposed ~er Swift Creek Plan.
07-785
08/22/07
Mr. Warren expressed concerns that the proposed Upper Swift
Creek Plan has not been approved and could change. He
stated, in his opinion, the Board should be consistent and
defer all zoning requests for property located in the Upper
Swift Creek Watershed.
-
Mrs. Humphrey stated the two previously deferred cases
complied with the current Upper Swift Creek Plan, but failed
to comply with the proposed Plan, and this case complies with
both the current and proposed Plan.
Mr. Warren stated the Plan also includes accompanying
ordinances, and staff could make additional recommendations
that the Board mayor may not approve. He requested that the
Board consider all zoning requests for property located in
the Upper Swift Creek Watershed consistently, expressing
concerns that making an exception on this case could have an
impact on other cases coming before the Board that are
located in the watershed and send a mixed message to the
ci tizens who were present earlier at the meeting during the
discussion of the Upper Swift Creek Plan deferral.
Mrs. Humphrey stated the subject property is south of Route
360 and not physically in the Upper Swift Creek Watershed,
although it is located within the geography of the Upper
Swift Creek Plan. She further stated development standards
contained in the accompanying ordinance amendments would
apply to this property.
In response to Mr. Miller's question, Ms. Rogers stated the
subject property is south of Hull Street, but drains through
Ashbrook into the Swift Creek Reservoir.
Discussion ensued relative to drainage from properties along
Winterpock Road in the vicinity of the subject property.
Mrs. Humphrey called for public comment.
Mr. Lee Hopper, an adj acent property owner, stated he does
not support the request, expressing concerns relative to
drainage issues, inadequate road frontage for a turn lane,
visibility issues for vehicles turning into and out of the
development, and additional traffic on Winterpock Road. He
requested that the Board deny the case.
Mr. Tom pakurar expressed concerns relative to the additional
traffic the proposed development would produce along
Winterpock Road and to inadequacy of the ordinances designed
to protect the Swift Creek Reservoir. He requested that the
Board either deny the request or defer it until adequate
ordinances are available to manage runoff in the Upper Swift
Creek Watershed.
-
Ms. Norma Sickal stated she has seen the development in the
Upper Swift Creek area grow from a country environment with
gravel roads to a bustling metropolis. She requested that
the Board be true to its word given to the residents earlier
this evening and defer this zoning request.
Dr. Betty Hunter-Clapp expressed concerns relative to the
large amount of acreage of the cases being considered
tonight, as well as those coming up in September and October,
which are located in the Upper Swift Creek Watershed. She
07-786
08/22/07
requested that the Board be consistent in deferring all
requests for rezoning on property located in the watershed
until the Board has acted on the :QEper S~,I]ift Creek Plan.
Ms. Andrea Epps inquired whether the Board would
request if the Upper Swift Creek Plan were to
without the ordinance amendments desi~Jned to
water quality.
approve this
come forward
protect the
There being no one else to speak to the request, the public
hearing was closed.
-
Mr. Miller stated he has looked
recommended for deferral, and the
both of those cases was denial.
at the
staff
two other cases
recommendation in
In response to Mr. Miller's question, Hs. Rogers stated the
proposed development complies with both the adopted and
proposed Upper Swift Creek Plan with respect to densities.
Mr. King returned to the meeting.
Mr. Sowder stated this is a good case based on the adopted
and proposed Upper Swift Creek Plan, but cautioned the Board
relative to setting a precedent by approving this request
rather than deferring it.
Mrs. Humphrey stated there are a. variety of zoning cases
currently on the Planning Commission's a.genda that impact the
Swift Creek Reservoir. She further stated she did not
interpret that Mr. Warren's earlier motion included deferring
cases that were not consistent with both the adopted and
proposed Upper Swift Creek Plan. She stated she understood
the reasoning for deferring requests with recommendations
that differed for the adopted and proposed plans. She
further stated there are four other zoning cases along Swift
Creek that need to be addressed that are not within the
geography of the Upper Swift Creek Plan.. indicating that she
expects the Board to be consistent in deferring all of these
cases. She stated this case is not qoing to change as a
result of an old or new plan.
-
Ms. Coyner stated she does not see Mr. Warren's concerns as
reasonable because there has been no work put forward to
develop the subj ect property, and the development would be
subj ect to any ordinances adopted by the Board in 60 days.
She expressed concerns relative to requiring property owners
to wait on developing property that meets the Comprehensive
Plan. She stated the proposed development is wedged in
between existing subdivisions, and sight distance issues have
been addressed. She requested that the Board approve the
request rather than deferring it.
Mr. Warren stated Ms. Coyner makes a good argument, but the
property drains into the Upper Swift Creek Reservoir through
the watershed, indicating that his ea.rlier motion was to
defer all cases in the Upper Swift Creek Watershed that drain
into the reservoir and reflected more than just the land use
issue.
'-
Mr. Miller stated he could probably support the request
either way, but would lean to a deferral to be consistent
with the other cases.
07-787
oa/22/07
Mr. King stated he knows this is a good case and he could
support it, but deferring it would allow all of the public an
opportunity to voice their concerns, as was indicated earlier
this evening.
-
Mrs. Humphrey stated although this case is different from
those that the Board deferred, since it is the will of the
Board, she will move for a deferral. She further stated,
although it is important to be consistent, this case is
different from the earlier cases that were deferred.
Mrs. Humphrey then made a motion, seconded by Mr. Sowder, for
the Board to defer Case 07SN0314 until October 24, 2007.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07SN0336
In Matoaca Magisterial District, 360 CAPITAL PARTNERSHIP, LLC
requests Conditional Use and amendment of zoning district map
to permit multifamily and townhouse uses plus Conditional Use
Planned Development to permit exceptions to Ordinance
requirements. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
regional mixed use. This request lies in a Regional Business
(C-4) District on 71. 9 acres fronting approximately 1,600
feet on the east and west lines of Lonas Parkway
approximately 1,000 feet south of Hull Street Road. Tax IDs
737-678-8211; 737-679-1634; 738-679-Part of 1556; and 738-
680-Parts of 2767 and 8161.
Ms. Rogers presented a summary of Case 07SN0336 and stated
the Planning Commission recommended approval and acceptance
of the proffered conditions, indicating that the residential
uses are consistent with area residential development. She
further stated, although the Powhite/Route 288 Development
Area Plan suggests the property is appropriate for regional
mixed uses, the current zoning allows more higher density
residential development than the Plan would suggest is
appropriate. She noted that the Plan anticipated a mix of
residential and commercial uses, with the residential uses
occupying a smaller amount of the land area than the non-
residential uses. She stated the Police Department's
security concerns regarding high density residential projects
have not been addressed.
Mr. Jim Theobold, representing the applicant, stated the
proj ect includes retail development and owner-occupied
condominiums and townhouses for the empty-nester community.
He further stated the Transportation Department has confirmed
that the proposed development would generate less traffic
than the currently approved proposal for the property. He
reviewed the road improvements that would be provided with
the proposed development. He stated the Planning Commission
recommended approval, and he requested the Board's support of
the proposal.
Mr. Miller called for public comment.
07-788
08/22/07
No one came forward to speak to the request.
Mrs. Humphrey stated this is a practical use of the property,
a better alternative for the community, and ensures the
viability of the Glen Tara neighborhood. She further stated
some people prefer townhomes to single-family homes.
Mrs. Humphrey then made a motion, seconded by Mr. King, for
the Board to approve Case 07SN0336 and accept the following
proffered conditions:
'-
The property owner and applicant in this case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended)
and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assi9ns, proffer that the
property under consideration will be dE:~veloped according to
the following proffers if, and only if, the request submitted
herewith is granted with only those conditions agreed to by
the owner and applicant. In the event this request is denied
or approved with conditions not agreed to by the owner and
applicant, the proffers shall immediately be null and void
and of no further force or effect.
THE FOLLOWING CONDITIONS, AS WELL AS THE CONDITIONS OF CASE
NOS. 95SN0197 AND 97SN0239 AS AMENDED HEREIN, SHALL ONLY
APPLY TO THE DEVELOPMENT OF RESIDENTIAL USES AS PERMITTED AND
REGULATED PURSUANT TO THE CONDITIONAL USE AND CUPD REQUESTED
HEREWITH. TO THE EXTENT NOT UTILIZED FOR SUCH RESIDENTIAL
PURPOSES, THE CONDITIONS OF CASE NOS. 95SN0197 AND 97SN0239
SHALL CONTINUE TO APPLY.
1.
Master Plan. The Textual Statement dated July 6, 2007
shall be the Master Plan. (p)
-'
2. Us~~. Only the following uses shall be permitted on the
Property:
a. model homes as restricted in the R-88 District;
b. condominiums, attached or detached, which shall be
submitted to the provisions of the Virginia
Condominium Act, and uses customarily accessory
thereto;
c. townhomes and uses customarily accessory thereto;
d. recreational facilities and grounds primarily
serving this development subj ect to the following
requirements:
i.
Wi th the exception of playground areas which
accommodate swings, j un~jle gyms, or similar
facilities and tennis courts, any outdoor play
fields, community swimming pools and similar
active recreational areas shall be located a
minimum of one hundred (100) feet from
adjacent properties zoned or designated on the
County's Comprehensive Plan for residential
use, a minimum of one hundred (100) feet from
any existing or proposed single family
residential lot line, and a minimum of fifty
(50) feet from any existing or proposed road.
--
07-789
oa/22/07
J.1. Wi thin the one hundred (100) and fifty (50)
foot setbacks, a fifty (50) foot buffer shall
be provided along the perimeter of all active
recreational facilities except where adjacent
to any existing or proposed road. This buffer
shall conform to the requirements of the
Zoning Ordinance for fifty (50) foot buffers.
iii. Any playground areas (i.e. areas accommodating
swings, jungle gyms or similar such
facilities) and tennis courts shall be located
a minimum of forty (40) feet from all property
lines. A forty (40) foot buffer shall be
provided along the perimeter of these
recreational facilities except where adjacent
to any existing or proposed roads. This buffer
shall conform to the requirements of the
Zoning Ordinance for fifty (50) foot buffers.
iv. Nothing within this condition shall prevent
development of indoor facilities and/or
parking within the one hundred (100) foot
setback.
v. There shall be no outside public address
system.
vi. The location of all active recreational uses
shall be identified in conjunction with the
submittal of tentative subdivision and/or site
plans.
vii.
Active recreational
identified on the record
along with the proposed
required conditions.
area (s) shall be
plat and/or site plan
recreational uses and
e.
sales office(s) located in modular unit(s).
( P)
3. Cash Proffer. The applicant, subdivider, or assignee(s)
shall pay the following to the County of Chesterfield,
prior to the issuance of a building permit, for
infrastructure improvements within the service district
for the Property:
a. $15,600.00 per dwelling unit, if paid prior to July
1, 2007, or the amount approved by the Board of
Supervisors, not to exceed $15,600.00 per dwelling
uni t as adj usted upward by any increase in the
Marshall and Swift Building Cost Index between July
1, 2006 and July 1 of the fiscal year in which the
payment is made if paid after June 30, 2007.
b. Provided, however, that if any building permits
issued on the Property are for senior housing, as
defined in the proffer on age-restriction, the
applicant, sub-divider, or assignee(s) shall pay
$10,269.00 per dwelling unit if paid prior to July
1, 2007, or the amount approved by the Board of
Supervisors, not to exceed $10,269.00 per dwelling
unit as adjusted upward by any increase in the
Marshall and Swift Building Cost Index between July
1, 2006 and July 1 of the fiscal year in which the
07-790
08/22/07
paYffient is made if paid after June 30, 2007. At
the time of paYment, the $10,269.00 will be
allocated pro-rata among the facility costs as
follows: $602.00 for parks and recreation, $348.00
for library facilities, $8,915 for roads, and $404
for fire stations. Payments ln excess of
$10,269.00 shall be prorated as set forth above.
Cash proffer paYments
purposes proffered or
law.
shall be spent for the
as otherwise permitted by
-
Should Chesterfield County impose impact fees at
any time during the life of the development that
are applicable to the property, the amount paid in
cash proffers shall be in lieu of or credited
toward, but not in addition to, any impact fees, in
a manner as determined by the County. (B&M)
4.
Age Restriction. Except as otherwise prohibited by the
Virginia Fair Housing Law, the Federal Fair Housing Act,
and such other applicable federal, state or local legal
requirements, dwelling units designated as age-
restricted shall be restricted to "housing for older
persons" as defined in the Virginia Fair Housing Law and
no persons under 19 years of age shall reside therein.
Any lots for age-restricted dwelling units shall be
grouped together on a particular portion of the Property
and shall not be scattered among other residential
units. At the time of recordation of a subdivision plat
or the approval of any site plan, the lots and/or
dwelling units shall also note the restriction. To the
extent a subdivision plat is not required, the age
restriction shall be recorded as a restrictive covenant
prior to site plan approval. (P)
-
5. Deletion of Proffered Conditions. Proffered Conditions
10, 11 and 14 of Case No. 95SN0197 are hereby deleted.
(P)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Miller requested a brief recess.
Reconvening:
16. PUBLIC HEARINGS
Mr. Miller stated Mr. Sowder has requested that the Board
consider the "Knollwood Drive Water Assessment District" at
this time.
--'" .
16.C. TO CONSIDER AN ORDINANCE TO ESTABLISH THE "KNOLLWOOD
DRIVE WATER ASSESSMENT DISTRICT"
Principal Engineer Randy
been advert,ised for a
consider an ordinance to
Assessment District."
Phelps stated this date and time has
public hearing for the Board to
establish the ~Knollwood Drive Water
He further stated staff recommends
07-791
08/22/07
that the Board adopt the ordinance to establish the
assessment district; appropriate $166,300 for the project
from the water fund balance; and set the interest rate at
4.19 percent. He stated the district would include 22
properties, and some of the property owners are present at
the meeting. He submitted for the record a letter from Mr.
James Collins, who could not be present, expressing his
support of the assessment district.
Mr. Miller called for public comment.
Ms. Katharine Smith stated she would prefer to pay the lien
outright rather than it being added to her real estate tax.
She expressed concerns about having to pay the assessment
district fee, even if she decided not to connect to the water
line. She stated, in her opinion, connection fees should be
included in the total cost to the property owner of the
assessment district.
No one came forward to speak to the issue.
In response to Mr. Sowder's question, Ms. Smith stated she
signed the petition in favor of the assessment district,
without having the details on how it would be set up.
Mr. Sowder stated this proj ect has been ongoing for two
years, and he is interested in helping the residents acquire
county water as soon as possible.
Ms. Eva
problems
quickly
citizen,
Burd stated many of the residents are experiencing
with their wells and need the county water as
as possible. She further stated, as a senior
she appreciates the payment deferral.
On motion of Mr. Sowder, seconded by Mr. Warren, the Board
adopted the following ordinance:
AN ORDINANCE CREATING THE KNOLLWOOD DRIVE
SPECIAL TAX OR ASSESSMENT WATER DISTRICT,
IMPOSING ASSESSMENT AGAINST LAND OWNERS IN THE
DISTRICT AND PROVIDING FOR SUSPENSION OF PAYMENT
FOR CERTAIN ELDERLY OWNERS
BE IT ORDAINED by the Board of Supervisors of
Chesterfield County:
(1) That the Knollwood Drive Special Tax or Assessment
Water District is created as follows:
Section 1. Definitions.
In the context of this ordinance, the following words
shall have the following meaning:
District:
Water District.
Knollwood Drive Special Tax or Assessment
Map of the District: The map entitled "Knollwood Drive
Water Assessment District" prepared by the County Department
of Utilities, which map is on file with the director of
utilities.
07-792
OS/22/07
Section 2. Establishment of the Knollw'c:>od Drive Special Tax
or Assessment Water District.
Pursuant to Code of Virginia, Section 15.2-2404 et seq.,
there is hereby created in the county the Knollwood Drive
Special Tax or Assessment Water District. The area of the
district shall be and the same is hereby fixed within the
boundaries depicted on the map of the district.
Section 3. Construction of certain wat:er facilities in and
adjacent to the district. .-,
The utilities department shall cau,se to be constructed
in and adjacent to the district the water line and
appurtenant facilities depicted on the map of the district.
Section 4. Taxes or assessments upon owners of property
located within the district.
The cost of construction of the water line and
appurtenant facilities located within the district shall be
apportioned among the owners of property abutting the water
line. The amount of the tax or assessment charged to each
such owner shall be one twenty-second (1/22) of the total
cost of the improvements constructed within the district,
including the legal, financial and other directly
attributable costs incurred by the County. The one twenty-
second (1/22) charge shall be assessed against each lot
located in the district. The amount finally taxed or
assessed against each landowner shall be reported to the
treasurer as soon as practicable after completion of the
water line and appurtenant facilitie~i located within the
district, and the treasurer shall enter the same as provided
for other taxes.
~
Section S. Installment payment of assessments.
Any person against whom an assessment provided for in
this article has been finally made shall pay the full amount
of the assessment provided for in this: article, on the due
date of the first tax bill on which such assessment is shown.
In no event, however, shall any part of the assessment be due
prior to the completion of the water line and appurtenant
facilities constructed pursuant to this article. As an
alternative to paYment as provided above, a person against
whom an assessment provided for in this article has been made
may pay such assessment in forty (.~:O) equal semiannual
principal installments over a period of twenty (20) years,
together with simple interest on the unpaid principal balance
at an annual rate equal to the index of average yield on
United States Treasury Securities adjusted to a constant
maturity of one year as made available by the Federal Reserve
Bank on the date when this ordinance was adopted. The first
of such installments shall be due on and interest on the
unpaid principal balance shall accrue from the date on which
the full amount of the assessment would otherwise have been
due as provided above.
-"
Section 6. Suspension of payment of assessments.
Payment, of assessments otherwise due under this
ordinance shall be suspended for any owner who owned property
on the day the ordinance creating the assessment district was
07-793
oa/22/07
adopted and who occupies a residential building located on
the property and is 65 years of age or older. However when
the property is no longer occupied by a person who is 65
years of age or older or is conveyed to another person or
persons, irrespective of the age of the person or persons to
whom the property is conveyed, the suspension of payments
shall cease and the entire assessment, including accrued
interest, shall be immediately due and payable. It shall be
the obligation of any such owner to provide a driver's
license or other photo identification establishing proof of
age satisfactory to the director of utilities in order for
such suspension to become effective.
Section 7.
This ordinance shall not be set out in the County Code
but shall be kept on file in the office of the director of
utilities.
(2) This ordinance shall be in effect immediately upon
its adoption.
And, further, the Board appropriated funds in the amount of
$166,300 for the project from the water fund balance, and set
the interest rate of 4.19 percent.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
16.A. TO CONSIDER AN ORDINANCE TO CREATE THE LOWER MAGNOLIA
GREEN COMMUNITY DEVELOPMENT AUTHORITY
Mr. Stylian Parthemos, Senior Assistant County Attorney
stated this date and time has been advertised for a public
hearing for the Board to consider an ordinance to create the
Lower Magnolia Green Community Development Authority. He
provided details of road improvements that would be funded
through the CDA. He stated the CDA mechanism would allow
bonds to be issued to construct the improvements before the
tax revenue would be accumulated to pay for them. He further
stated the funds to payoff the bonds would be recouped from
special assessments, which would be paid with annual real
estate taxes on properties located within the district. He
noted that the county would be responsible for acquiring the
right-of-way, obtaining VDOT and wetland permits, and
widening Woolridge Road across the reservoir, at a cost of
approximately $12 million. He stated, in addition to
creating the Community Development Authority, the Board is
being requested to authorize staff to proceed with design
work for the widening of Woolridge Road across the reservoir.
He provided details of the time schedule for road
improvements.
Mr. Miller called for public comment.
Mr. Reuben Waller, a resident of the Midlothian District,
stated in March 2007, the Board discussed amending the
county's CDA policy to add a new category of large multi-use
developments. He further stated he does not know where this
amendment is in the process. He stated the Board was also
informed that the total of all CDA debt service could not
exceed 10 percent of all county debt service included in the
07-794
08/22/07
calculations of the debt service ra.tio. He expressed
concerns that the bond rating agencies have indicated that,
although CDA debt service is not a general obligation of the
county, there is a limit to placing the county's AAA bond
rating in jeopardy. He stated the Board approved $16.4
million in CDA debt at the Watkins Centre, may be approving
$27 million for Lower Magnolia Grl:=en, and could be
considering $10 -15 million for Cloverleaf Mall, as well as
the potential for CDAs for developments at Roseland, Branners
Station and Centrepointe. He inquired how much CDA debt
would result in the county losing its :A.AA bond rating and ---
whether CDA money would be alloca.ted on a first come-first
serve basis, or on the basis of what is best for the county.
Mr. Stegmaier stated staff presented to the Board a change in
the CDA policy when the Magnolia Green proj ect was brought
forward to allow the amount of debt applied to CDAs to
increase to 10 percent of the debt service. He stated if CDA
debt for the Magnolia Green project and a similar amount for
Cloverleaf Mall were added to the CDA debt for the Watkins
Centre proj ect, the county would be close to its CDA debt
service limit. He stated Roseland would not be consistent
with the CDA policy the Board has in place today. He further
stated, if staff determined that the county would benefit
from a CDA-financed road project at Roseland, the Board would
have to amend its current CDA policy. He noted that staff is
looking at options for the county to afford additional debt
for road construction.
There being no one else to speak to the issue, the public
hearing was closed.
On motion of Mrs. Humphrey I seconded by Mr. Sowder, the Board
adopted the following ordinance creating the Lower Magnolia
Green Community Development Authority:
-'
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, BY ADDING CHAPTER 9, ~~RTICLE XVII, SECTIONS
9-240, 9-241, 9-242, 9-243, 9-244, 9-245, 9-246, 9-247,
9-248 AND 9-249 CREATING THE LOWER MAGNOLIA GREEN
COMMUNITY DEVELOPMENT AUTHORITY
BE IT ORDAINED by the Board of Supervisors of
Chesterfield County:
WHEREAS, the Board of Supervisors of Chesterfield
County, Virginia (the IIBoardll) has received a petition (the
"Petition") from Magnolia Green Development, LLC (the
"Landownerll) for the creation of the Lower Magnolia Green
Community Development Authority (the IICDA") , and the
Landowner has represented that it owns all of the land within
the proposed CDA district; and
WHEREAS, a public hearing has been held on August 22,
2007 by the Board on the enactment of this Ordinance and
notice has been duly provided as set forth in Section 15.2-
1427 of the Code of Virginia of 1950, as amended, and
Sections 15.2-5104 and 15.2-5156 of the Virginia Water and
Waste Authorities Act, Chapter 51, 'Title 15.2, Code of
Virginia of 1950, as amended (the IIActll); and
-
07-795
OS/22/07
WHEREAS, the Board proposes to create the CDA in order
to provide the infrastructure improvements described in the
Petition; and
WHEREAS, the creation of the CDA to assist in financing
the infrastructure improvements described in the Petition in
connection with the proposed development within the CDA
district will benefit the citizens of Chesterfield County,
Virginia (the "County") by providing needed infrastructure
improvements to serve the land within the proposed CDA
District and the surrounding area and by promoting increased
emploYment opportunities, a strengthened economic base,
increased tax revenues and additional residential,
commercial, off ice and recreational opportunities, and will
meet the increased demands placed upon the County as a result
of development within the CDA district; and
WHEREAS, the Landowner has waived in writing its right
to withdraw its signature from the Petition in accordance
with Section 15.2-5156 of the Act.
(1) NOW,
SUPERVISORS OF
9-240 through
Chesterfield,
follows:
THEREFORE, BE IT ORDAINED BY THE BOARD OF
CHESTERFIELD COUNTY, VIRGINIA, that Sections
9-249 of the Code of the County of
1997, as amended, are hereby enacted as
Section 9-240. Creation of Authority. The Lower
Magnolia Green Community Development Authority (the "CDA") is
hereby created as a political subdivision in accordance with
the applicable provisions of the Virginia Water and Waste
Authorities Act, Chapter 51, Title 15.2, Code of Virginia of
1950, as amended (the "Act"). The CDA shall have the powers
set forth in the Act.
Section 9-241. Boundaries of CDA. The CDA boundaries
shall initially include the property identified in Exhibit A,
as attached to this Ordinance and presented to the Board upon
the creation of the CDA. The Board, at the request of the
Landowner, in accordance with the Petition has excluded from
the CDA district approximately 236.342 acres to be used for
the construction of a golf course. In accordance with
Section 15.2-5157 of the Act, a copy of this Ordinance shall
be recorded in the land records of the Circui t Court of
Chesterfield County for each tax map parcel in the CDA
district and the CDA district shall be noted on the land
records of the County. The Board, upon the request of the
CDA or the Landowner or its successors in interest, may, by
adopting an amendment to this Ordinance, release or exclude
from the CDA district (i) at any time before the issuance of
the CDA's bonds (the "Bonds"), areas designated by the CDA or
the Landowner or its successors in interest, not to exceed a
total of fifty-five (55) acres and (ii) at any time after the
issuance of the Bonds, additional portions of the land within
the CDA district as long as only de minimis portions of land
not to exceed twenty-five (25) acres are released from the
CDA district. Changes in the CDA boundaries pursuant to this
Section shall not be made unless the CDA, the Landowner or
its successors in interest has provided the County with
evidence from an appropriate economic and financial
consultant that such proposed reduction in the size of the
CDA will have a minimal impact on the amount of the
assessment necessary to amortize the anticipated Bond
indebtedness.
07-796
08/22/07
Section 9-242. Facilities and Services. The CDA is
created for the purpose of exercising the powers set forth in
the Act, including financing, designing and constructing,
certain infrastructure improvements, as more particularly
described in Exhibit B attached hereto as a part hereof (the
"Improvements") in connection with the development of a
mixed-use proj ect consisting of residential, commercial and
office components, with recreation facilities and other
amenities (the "Project"). The CDl\. shall have all the powers
provided by the Act. The CDA shall not provide services
which are provided by, or obligated to be provided by, any..........
authority already in existence pursuant to the Act unless
such authority provides the certification required by Section
15.2-5155 of the Act.
Section 9-243. Articles of Incc~rporation. Attached
hereto as Exhibit C, and presented to the Board at the time
of the adoption of this Ordinance, are the proposed Articles
of Incorporation of the CDA. The County Administrator is
authorized and directed to execute and file such Articles of
Incorporation on behalf of the Board with the State
Corporation Commission in substantially the form attached as
Exhibit C, with such changes, including insubstantial changes
to the boundary description of the CDA district described
therein, as the County Administrator may approve. The County
Administrator is authorized to approve such changes or
corrections to the Articles of Incorporation prior to filing
with the State Corporation Commission as do not change the
purpose or function of the CDA as set forth in this Ordinance
and in the Petition.
Section 9-244. Capital Cost Estimates. The Board
hereby finds, in accordance with Section 15.2-5103(B) of the -
Act, that it is impracticable to include capital cost
estimates, project proposals and project service rates,
except as preliminarily summarized in the Petition.
Section 9-245. Membership of the C'DA Board.
(a) The powers of the CDA shall be exercised by an
authority board consisting of five members.
(b) All members of the CDA board shall be appointed by
the Board by resolution in accordance with the provisions of
Section 15.2-5113 of the Act.
(c) The initial members of the C'DA board shall be as
set forth in the Articles of Incorporation for the terms set
forth therein.
(d) Each CDA board member shall receive such
compensation from the CDA for his or her services as a CDA
board member as may be authorized from time to time by
resolution of the CDA board; provided that no CDA board
member shall receive compensation in excess of $300 per
meeting attended unless authorized by resolution of the
Board.
--"
Section 9-246. Plan of Finance; Issuance of Bonds.
(a) The improvements, services and operations to be
undertaken by the CDA, as described herein and in the
petition, shall be funded from all or some of the following
sources: (i) the Bonds to be issued by the CDA and (ii)
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08/22/07
special assessments to be levied pursuant to Section 15.2-
5158A5 of the Act as more particularly described in the
petition and in a Special Assessment Agreement to be entered
into by the CDA, the County and the Landowner or its
successors in interest. Portions of the Lower Magnolia Green
Property which are dedicated for public purposes or which are
conveyed to an owners association as open space or common
areas shall not be subject to assessment.
(b) Upon the enactment of this Ordinance, the CDA will
engage a professional administrator to prepare, with the
assistance of the County, an assessment roll for all parcels
of land wi thin the CDA district. Such administrator will
annually prepare a report which details the amount of the
special assessment owed by the owner of each parcel of land
within the CDA district.
(c) The Bonds to be issued by the CDA may be tax-exempt
or taxable and will not exceed a maximum aggregate principal
amount of $35,000,000. The Bonds shall be issued as soon as
can practically be achieved (anticipated to be during the
first quarter of 2008) and the proceeds from the sale of the
Bonds will be used to pay the costs of the Improvements as
described herein and in the Petition, the costs of issuing
the Bonds and funding any required reserves, and paying
capitalized interest on the Bonds for a period of up to
thirty-six (36) months after the issuance of the Bonds. If
there are any proceeds from the sale of the Bonds remaining
after the paYment of these costs, such excess proceeds shall
be used to prepay a portion of the Bonds. If the proceeds
from the sale of the Bonds are insufficient to pay these
costs, the Landowner shall be solely responsible for paying
any deficiency, subject to the limitation contained in
Exhibit B to this Ordinance.
(d) If the CDA encounters problems in issuing the Bonds
due to adverse market conditions, the CDA shall give notice
to the Petitioner and provide the Petitioner with an
opportunity to assist in issuance of the Bonds.
(e) Any bonds issued by the CDA or
arrangements entered into by the CDA will
will not be a debt or other obligation of
not constitute a pledge of the faith
County.
any other financing
be debt of the CDA,
the County and will
and credit of the
Section 9-247. Recordation of Ordinance. In accordance
with Section 15.2-5157 of the Act, the Board hereby directs
the Clerk of the Circuit Court of the County to record an
abstract of this Ordinance in its land records for each tax
map parcel included in the CDA district and to note the
existence of the CDA district on the land records of the
County. Additionally, all subdivision plats on property
located within the CDA shall contain a note referencing this
ordinance.
Section 9-248. Compliance with Representation of
Petition. The promises contained in the petition having
provided the inducement for the Board to create the CDA,
compliance by the Landowner with those promises is essential
to the orderly development of the land contained in the CDA.
Accordingly, the failure of the Landowner or its successors
in interest to perform any of the obligations or comply with
any of the promises of the Petition, including the Exhibits
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08/22/07
to the Petition, shall constitute a violation of County
ordinance and until bonds have been issued pursuant to
Section 9-246 of this ordinance, no building permits, other
than the first 1,379 residential permits, shall be issued for
any property located in the CDA while a.ny such violation of
this ordinance continues. This provision shall not apply to
permits for Phase I of the Conceptual Plan for Lower Magnolia
Green dated February 1, 2007, prepared by Timmons Group,
entitled "Lower Magnolia Green Conceptual Plan" (the
"Conceptual Plan") .
~
Section 9-249. Conditions. In satisfaction of the
requirements of Paragraph 4 of the Petition, the Board, by
its adoption of this Ordinance, confirms the matters set
forth in Exhibit D attached hereto as a part hereof.
(2). This Ordinance shall take eff'ect immediately.
And, further, the Board authorized staff to proceed with
design work associated with the widening of Woolridge Road
across Swift Creek Reservoir, from the terminus of the
Community Development Authority road improvements to Genito
Road.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Warren recognized
for appointment to
Development Authority
Mr. Buddy Whitfield, who is recommended
the Lower Magnolia Green Community
Board.
8.A.3. THE LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT
AUTHORITY BOARD
~
On motion of Mrs. Humphrey, seconded by Mr. King I the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment of members to serve on the Lower
Magnolia Green Community Development Aut,hority Board.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
simultaneously nominated/appointed the following individuals
to serve on the Lower Magnolia Green Community Development
Authority Board, whose terms are effective immediately and
expire August 21, 2011: Mr. Art Hein2:, Ms. Deborah Girvin,
Mr. Robert M. (Mac) Bullock, Mr. Worth (Buddy) Whitfield, and
Mr. Manuel Flores.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
-
16.D. TO CONSIDER AN ORDINANCE AMENDMENT RELATING TO THE
COLLECTION OF FEES FOR COURTHOUSE SECURITY
Mr. Micas st:ated this date and time has been advertised for a
public hearing for the Board to consider an ordinance
amendment relating to the collection of fees for courthouse
security. He further stated staff recommends approval of the
ordinance effective September 1, 2007.
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OS/22/07
Mr. Miller called for public comment.
No one came forward to speak to the issue.
Mr. King made a motion, seconded by Mr. Sowder, for the Board
to adopt the ordinance relating to the collection of fees for
Courthouse security.
There was brief discussion relative to collection of fees by
the court system.
On motion of Mr. King, seconded by Mr. Sowder, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 9-132 RELATING TO THE
COLLECTION OF FEES FOR COURTHOUSE SECURITY
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section
Chesterfield, 1997,
read as follows:
9-132 of the Code of the County of
as amended, is amended and re-enacted to
Sec. 9-132. Collection of processing fees for persons
admitted to jail following conviction and fees for courthouse
security.
(a) (1) In addition to any other fees prescribed by law, a
$25.00 processing fee is hereby imposed on every
individual admitted to the county or regional jail
following conviction in a district or circuit court.
(2) This processing fee shall be ordered as a part of
court costs collected by the clerk, deposited into the
account of the county treasurer, and shall be
appropriated to the sheriff to defray the costs of
processing arrested persons into the jail.
(b) (1) In addition to any other fees prescribed by law, a
fee of $10.00 is hereby imposed in each criminal and
traffic case in which the defendant is convicted of a
violation of any statute or ordinance. The clerks of the
district and circuit courts shall charge and collect
this fee as a part of the fees taxed as costs.
(2) After collection by the clerk of the court in which
the case is heard, the fee shall be remitted to the
county treasurer and held by the county treasurer to be
appropriated by the board of supervisors to the
sheriff's office for funding courthouse security
personnel, and, if requested by the sheriff, equipment
and other personal property used in connection with
courthouse security.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
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08/22/07
16. E. TO CONSIDER AN ORDINANCE AMENDMEN'r RELATING TO
CARRYING LOADED FIREARMS ON PUBLIC HIGHWAYS AND
PROVIDING FOR A PENALTY
Mr. Micas stated this date and time has been advertised for a
public hearing for the Board to consider an ordinance
amendment relating to carrying loaded firearms on public
highways and providing for a penalty. He further stated the
amendment would relax the county's ordinance based upon the -
requirements of new state law.
Mr. Miller called for public comment.
No one came forward to speak to the ordinance amendment.
On motion of Mr. King, seconded by Mr. Warren, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 14 - 9 RELA'I'ING TO CARRYING
LOADED FIREARMS ON PUBLIC HIGHWAYS
AND PROVIDING FOR A PE1~LTY
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section
Chesterfield, 1997,
read as follows:
14-9 of the Code_ of the County of
as amended, is amended and re-enacted to
-.-'.
Sec. 14 - 9 .
highways.
Same--Carrying loaded firearms on public
(a) No person shall carry or have a loaded firearm in his
possession, for the purpose of hunting, while standing
or walking on any part of a public highway wi thin the
county when such person is not authorized to hunt on the
private property on both sides of the highway along
which he is standing or walking. The provisions of this
section shall not apply to (i) persons carrying loaded
firearms in moving vehicles; (ii) persons acting at the
time in defense of persons or property; or (iii) persons
carrying loaded firearms for purposes other than
hunting.
(b) Any person violating the provisions of this section
shall be guilty of a misdemeanor punishable by a fine of
not more than $100.00.
(2) That this ordinance shall become effective immediately
upon adoption.
--
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
16.F. TO CONSIDER AN ORDINANCE TO VACATE A SIXTEEN-FOOT
DRAINAGE EASEMENT ACROSS LOT 1, BLOCK H, MAYFAIR
ESTATES SUBDIVISION, SECTION B
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Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider an ordinance to
vacate a 16 - foot drainage easement across Lot 1, Block H,
Mayfair Estates Subdivision, Section B.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Miller, seconded by Mr. Sowder, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to RAYMOND CECIL
KOVAS , SR . and LAURA L. KOVAS , ( "GRANTEE"), a 16'
drainage easement across Lot 1, Block H, Mayfair
Estates, Section B, DALE Magisterial District,
Chesterfield County, Virginial as shown on a plat
thereof duly recorded in the Clerk's Office of the
Circuit Court of Chesterfield County in Plat Book
19, at Page 19.
WHEREAS, RAYMOND CECIL KOVAS, SR. and LAURA L. KOVAS,
peti tioned the Board of Supervisors of Chesterfield County,
Virginia to vacate a 16' drainage easement across Lot 1,
Block H, Mayfair Estates, Section B, DALE Magisterial
District, Chesterfield County, Virginia more particularly
shown on a plat of record in the Clerk's Office of the
Circuit Court of said County in Plat Book 19, Page 19, by
FOSTER & MILLER, dated MAY 10, 1972, recorded MAY 22" 1972.
The easement petitioned to be vacated is more fully described
as follows:
A 16 I drainage easement, across Lot 1, Block H,
Mayfair Estates, Section B, the location of which
is more fully shown on a plat made by POTTS, MINTER
AND ASSOCIATES, P.C., dated MARCH 1, 2007, a copy
of which is attached hereto and made a part of this
Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the easement sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid easement be and is
hereby vacated.
--.......
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
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08/22/07
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title of the easement hereby vacated in the
property owners of Lot 1, Block H, Mayfa.ir Estates, Section B
free and clear of any rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and RAYMOND
CECIL KOVAS, SR. and LAURA L. KOVAS, or their successors in
title, as GRANTEE. -'
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
16.G. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF A PARCEL OF LAND ALONG MEADOWVILLE ROAD
AND BERMUDA HUNDRED ROAD FROM MERCER P. FAW
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider the exercise of
eminent domain for the acquisition of a parcel of land along
Meadowville Road and Bermuda Hundred Road from Mercer P. Faw.
Mr. Miller called for public comment.
Ms. Melanie Reynolds, daughter of Mr. Mercer Faw, stated Mr.
Faw just became aware of this issue in July and has not had
time to research the matter.
Mr. Miller stated staff will continue to work with Mr. Faw to
resolve the issue prior to commencing court proceedings.
-
Mr. Mark Stone, a resident of the Bermuda District, requested
that the Board move forward with the process.
Mr. Berkley Matthews, a resident of Meadowville Road, stated
he thinks the county should compensate Mr. Faw for the taxes
he paid on the property over the years.
There being no one else to speak to the issue, the public
hearing was closed.
In response to Mr. King's question, Mr. Harmon stated, if the
Board authorizes proceeding with eminent domain, staff will
continue to negotiate with Mr. Faw on the purchase price of
the parcel.
Mr. King stated he has known for some time about the issue of
these residents being landlocked and not having access to the
main highway. He acknowledged that the Faws have paid taxes
on the subject property and should be justly compensated. He
stated the county should not deny residents the right to
access a road that they have been accessing for many years.
-
Mr. King then made a motion, seconded by Mr. Warren, for the
Board to approve the exercise of eminent domain for the
acquisition of a parcel of land along Meadowville Road and
Bermuda Hundred Road (portion of PIN: 817654276000000) from
Mercer P. Faw.
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08/22/07
Mrs. Humphrey stated she sees this as a correctible
situation. She encouraged Mr. Stith to request that the
Assessor's Office calculate taxes that have been paid by Mr.
Faw on this property over the years.
-
Mr. Miller called for a vote on the motion of Mr. King,
seconded by Mr. Warren, for the Board to approve the exercise
of eminent domain for the acquisition of a parcel of land
along Meadowville Road and Bermuda Hundred Road (portion of
PIN: 817654276000000) from Mercer P. Faw.
And further, the Board authorized staff to enter and take
such property prior to eminent domain proceedings.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
16.H. TO CONSIDER LEASING SPACE ON THE COUNTY'S BON AIR
TOWER
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider leasing of space on
the county's Bon Air Tower.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Sowder I seconded by Mr. King, the Board
approved the leasing of space on the county's Bon Air Tower
to TTM Virginia, Incorporated.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
17. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining manufactured home permits or zoning
requests to be considered at this time.
lS. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Andrea Epps, Chairman of the Impact
Advisory Committee, requested additional
committee to review information provided by
recommendation on the Impact Fee Ordinance.
Fee Ordinance
time for the
staff and make a
In response to Mrs. Humphrey's question, Ms. Epps stated the
committee feels it necessary to understand the transportation
plan behind the ordinance in order to make a solid
recommendation on the ordinance. She further stated the
committee should be able to complete its task no later than
December or January.
Mrs. Humphrey expressed concerns that a delay in adopting the
ordinance allows additional site plans to be submitted for
developments that will not be subject to impact fees.
Mr. Miller stated the Board would consider Ms. Epps' request.
07-904.
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08/22/07
19 . ADJOURNMENT
On motion of Mr. Miller, seconded by Mr. King, the Board
adjourned at 9:52 p.m. until September 26, 2007 at 3:00 p.m.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
J esJ. 's~>
ounty Administrator
0'7-805
08/22/0'7
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