10-24-2007 Minutes
(
BOARD OF SUPERVISORS
MINUTES
October 24, 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
07-959
Staff in Attendance:
Mrs. Janice Blakley,
Clerk
Mr. George Braunstein
Exec. Dir., Community.,
Services Board
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Jana Carter, Dir.,
Juvenile Services
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Will Davis, Dir.,
Economic Development
Ms. Rebecca Dickson, Dep.
County Administrator,
Human Services
Colonel Thierry Dupuis,
Police Department
Karla Gerner, Dir.,
Human Resource Mgmt.
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Thomas E. Jacobson,
Dir., Revitalization
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Director,
General Services
Chief Paul Mauger,
Fire Department
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Dr. William Nelson,
Dir., Health Dept.
Mr. Francis Pitaro, Acting
Deputy County Admin.,
Management Services
Lt. Emmett Smith
Sheriff's Office
Mr. M. D. Stith, Jr.,
Deputy County Admin.,
Community Development
10/24/07
_/
-1II1l'
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Mr. Kirk Turner, Dir.,
Planning
Mr. Miller called the regularly scheduled meeting to order at
3:05 p.m.
1 . APPROVAL OF MINUTES FOR OCTOBER 10, :~ 006
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved the minutes of October 10, 2006, as amended.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
. Dr. Nelson briefed the Board regarding staph infections.
He noted that 85 percent of all staph infections are
healthcare-related, and the other 13 percent are
community acquired. He discussed precautions being
taken by schools, including reducing the sharing of
towels; increasing the laundry temperature for washing
of uniforms; cleaning the gym and surfaces; and making
sure that athletes with scratches and scrapes are taking
care of them promptly.
There was brief discussion relative to the symptoms of
staph infections.
In response to Mr. Miller's question, Dr. Nelson stated
the elderly have about a 10 to 20 times higher chance of
acquiring a staph infection than the younger age group.
--
3. BOARD MEMBER REPORTS
Mr. Sowder expressed concerns regarding the current water
restrictions, indicating that some people are watering twice
as much on the days that they are allowed to water. He
inquired about the possibility of quantitative water
restrictions.
Mr. Miller stated a future consideration might be to require
developers to provide well systems for irrigation purposes.
4. REQUESTS TO POSTPONE AGENDA ITEMS ~D ADDITIONS, OR
CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Sowder, seconded by Mrs. Humphrey, the Board
added Item a.C.B.d., Set Date for Public Hearing to Consider
the Foxcroft Landscaping Enhancement Project; and adopted the
agenda, as a.mended.
"-,.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-960
10/24/07
5. RESOLUTIONS
There were no resolutions at this time.
6. WORK SESSION
o PROPOSED 2007 ROAD IMPACT FEES
Deputy County Attorney Jeff Mincks stated legislation was
adopted at the 2007 General Assembly session giving
localities the ability to impose road impact fees. He
further stated staff has been working with the Planning
Commission and the Impact Fee Ordinance Advisory Committee
since June to develop a proposed impact fee ordinance. He
stated this funding source would be for already zoned
residential, but not yet subdivided, lots. He further stated
staff estimated $5,800 per dwelling unit for the impact fee,
if enacted. He stated there are currently 26,000 un-built
cash proffer lots and 15,000 un-built lots that could be
available for impact fees. He further stated the Planning
Commission recommended not adopting an impact fee program
because the Commission wanted more time to consider the
program and also wanted to see it in a comprehensive
transportation program. He stated a number of issues have
developed, including whether to include commercial industrial
development; inclusion of lots that have already committed to
cash proffers if the transportation component is less than
the current impact fee; family held property; lots valued at
less than the proposed impact fee; non-profit housing; and
small lots.
In response to Mr. Miller's question, Mr. Mincks stated staff
is recommending that the cash proffer lots be excluded from
the impact fee program. He stated family-held property would
not be subject to impact fees if it qualified for a family
split; however, if someone anticipated separating their
property, it would be subject to the subdivision regulations.
Mr. Miller noted that the Board has gone on record supporting
impact fee legislation before the General Assembly for many
years in a lot of different forms.
Mr. Warren stated the General Assembly has provided impact
fee authority as an al ternati ve means of addressing
infrastructure needs.
In response to Mr. Warren's question, Mr. Mincks stated the
formula used to calculate the impact fee is a mandated
formula. He noted that the cost of road construction has
nearly quadrupled in the last fifteen years.
Mr. Warren referenced the Board's Transportation Summit and
expressed concerns relative to the report in terms of the
Planning Commission not recommending funding for the county's
transportation network.
Mr. Mincks stated staff
current formula, but the
additional time.
recommends going forward
Planning Commission had
with the
requested
07-961
10/24/07
Mrs. Humphrey requested that the Budget Department be
prepared to discuss how the same formula would apply to the
family split of agriculture property at the public hearing.
In response to Mr. King's question, Mr. Micas stated that the
intention is to allocate the funds in the same fashion that
is being done with cash proffers.
Mr. Sowder noted that impact fees are only imposed if and
when the property is developed.
-
Mr. Miller stated the Board has asked for tools from the
General Assembly to help fund infrastructure needs, and now
they have been provided. He further stated the Board should
certainly consider impact fees.
7. DEFERRED ITEMS
There were no deferred items at this time.
B. NEW BUSINESS
B.A. APPOINTMENTS
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment of a member to serve on the Youth
Services Citizen Board.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
-
B.A. 1. YOUTH SERVICES CITIZEN BOARD
On motion of Mr. King, seconded by Mr. Sowder, the Board
simultaneously nominated/appointed Mr. Tim Brock, an adult
representing the Bermuda District, to serve on the Youth
Services Citizen Board, whose term is effective July 1, 2007
and expires June 30, 2010.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
B.B. STREETLIGHT INSTALLATION AND COST APPROVALS
On motion of Mr. King,
approved the following
Bermuda District:
seconded by Mr. Warren, the Board
streetlight installations in the
.
In the Bellwood Addition subdivision, on Gettings Lane,
in the vicinity of 2512
Cost to install streetlight: $117.83
--
. In the Timsberry Gardens subdivision, on Edgewood Drive,
in the vicinity of 16008
Cost to install streetlight: $117.83
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-962
10/24/07
8.C. CONSENT ITEMS
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
removed the following item from the Consent Agenda for public
comment: Item 8. C. 8 . c., Set Date for Public Hearing to
Consider an Amendment to the Code of the County of
Chesterfield, 1997, as Amended, by Adding a New Article XVII
to Chapter 9 of the Code Relating to Transportation Impact
Fees to Fund and Recapture the Cost of Providing Reasonable
Road Improvements.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.1. STATE ROAD ACCEPTANCE
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that 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: Cypress Woods, Section 2
Tvpe Chan(le 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
. Cypress Vine Drive, State Route Number 7231
From: 0.03 mi. W of Castlewellan Dr., (Rt. 7235)
To: Silverdust Ln., (Rt. 7241), a distance of: 0.03 miles.
Recordation Reference: Pb.161 Pg.48
Right of Way width (feet) = 60
07-963
10/24/07
. Cypress Vine Drive, State Route Number 7231
From: Silverdust Ln., (Rt. 7241)
To: Cul-de-sac, a distance of: 0.02 miles.
Recordation Reference: Pb.161 Pg.48
Right of Way width (feet) = 60
. Silverdust Lane, State Route Number 7241
From: Cypress Vine Dr., (Rt. 7231)
To: Cul-de-sac, a distance of: 0.22 miles.
Recordation Reference: Pb.161 Pg.48
Right of Way width (feet) = 50
. Silverdust Lane, State Route Number 7241
From: Cypress Vine Dr., (Rt. 7231)
To: Silverdust PI., (Rt. 7242), a distance of: 0.10 miles.
Recordation Reference: Pb.161 Pg.48
Right of Way width (feet) = 50
. Silverdust Place, State Route Number 7242
From: Silverdust Ln., (Rt. 7241)
To: Cul-de-sac, a distance of: 0.03 miles.
Recordation Reference: Pb.161 Pg.48
Right of Way width (feet) = 50
. Silverdust Lane, State Route Number 7241
From: Silverdust PI., (Rt. 7242)
To: Green Spire Dr., (Rt. 7243), a distance of: 0.23 miles.
Recordation Reference: Pb.161 Pg.48
Right of Way width (feet) = 50
. Green Spire Drive, State Route Number 7243
From: Silverdust Ln., (Rt. 7241)
To: Golf Course Rd., (Rt. 620), a distance of: 0.09 miles.
Recordation Reference: Pb.161 Pg.48
Right of Way width (feet) = 50
. Silverdust Lane, State Route Number 7241
From: Green Spire Dr., (Rt. 7243)
To: Silverdust Ct., (Rt. 7244), a distance of: 0.11 miles.
Recordation Reference: Pb.161 Pg.48
Right of Way width (feet) = 50
. Silverdust CC)urt, State Route Number 7244
From: Silverdust Ln., (Rt. 7241)
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--
07-964
10/24/07
To: Cul-de-sac, a distance of: 0.04 miles.
Recordation Reference: Pb.161 Pg.48
Right of Way width (feet) = 50
· Silverdust Lane, State Route Number 7241
From: Silverdust Ct., (Rt. 7244)
To: Cul-de-sac, a distance of: 0.03 miles.
Recordation Reference: Pb.161 Pg.48
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.
AND I 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: Southcreek, Section 9
Tvpe Chan(le 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
. Wood hollow Drive, State Route Number 7238
From: Southcreek Dr., (Rt. 4016)
To: Quiet Forest Ln., (Rt. 7239), a distance of: 0.08 miles.
Recordation Reference: Pb.159 Pg.25
Right of Way width (feet) = 50
. Quiet Forest Lane, State Route Number 7239
From: Woodhollow Dr., (Rt. 7238)
To: Cul-de-sac, a distance of: 0.03 miles.
07-965
10/24/07
Recordation Reference: Pb.159 Pg.25
Right of Way width (feet) = 50
. Quiet Forest Lane, State Route Number 7239
From: Wood hollow Dr., (Rt. 7238)
To: Quiet Forest Ct., (Rt. 7240), a distance of: 0.06 miles.
Recordation Reference: Pb.159 Pg.25
Right of Way width (feet) = 50
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. Quiet Forest Court, State Route Number 7240
From: Quiet Forest Ln., (Rt. 72:39)
To: Cul-de-sac, a distance of: 0.06 miles.
Recordation Reference: Pb.159 Pg.25
Right of Way width (feet) = 50
. Quiet Forest Lane, State Route Number 7239
From: Quiet Forest Ct., (Rt. 7240)
To: Cul-de-sac, a distance of: 0.09 miles.
Recordation Reference: Pb.159 IPg.25
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 c~f Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project: Bendahl Valley, Section A
Tvpe Chan(le to the Secondary System of State
Addition
Reason for Change:
New subdivision stre,et
Pursuant to Code of Virginia
~33.1-229
Street Name and/or Route
07-966
10/24/07
· Baxter Bridge Drive, State Route Number 7228
From: Salem Church Rd., (Rt. 642)
To: Baxter Bridge PI., (Rt. 7229), a distance of: 0.09 miles.
Recordation Reference: Pb.161 Pg.15
Right of Way width (feet) = 50
· Baxter Bridge Place, State Route Number 7229
From: Baxter Bridge Dr., (Rt. 7228)
To: Cul-de-sac, a distance of: 0.07 miles.
Recordation Reference: Pb.161 Pg.15
Right of Way width (feet) = 40
· Baxter Bridge Drive, State Route Number 7228
From: Baxter Bridge PI., (Rt. 7229)
To: Finworth Ln., (Rt. 7230), a distance of: 0.06 miles.
Recordation Reference: Pb.161 Pg.15
Right of Way width (feet) = 50
. Finworth Lane, State Route Number 7230
From: Baxter Bridge Dr., (Rt. 7228)
To: Cul-de-sac, a distance of: 0.06 miles.
Recordation Reference: Pb.161 Pg.15
Right of Way width (feet) = 46
. Finworth Lane, State Route Number 7230
From: Baxter Bridge Dr., (Rt. 7228)
To: Temp EOM, a distance of: 0.07 miles.
Recordation Reference: Pb.161 Pg.15
Right of Way width (feet) = 40
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.
07-967
10/24/07
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project: Cascade Creek
Tvpe Chan(le to the Secondary System of State
Addition
,~"'
Reason for Change:
New subdivision streEit
Pursuant to Code of Virginia
~33.1-229
Street Name and/or Route
. Scotts Bluff Way, State Route Number 5938
From: 0.03 mi. S of Scotts Bluff Ln., (Rt. 5940)
To: Clearbrook Ct., (Rt. 72191), a distance of: 0.02 miles.
Recordation Reference: Pb.156 Pg.1
Right of Way width (feet) = 50
. Clearbrook Court, State R.oute Number 7219
From: Scotts Bluff Wy., (Rt. 59~18)
To: Cul-de-sac, a distance of: 0.07 miles.
Recordation Reference: Pb.156 Pg.1
Right of Way width (feet) = 50
-'
. Clearbrook Place, State Route Number 7218
From: Scotts Bluff Wy., (Rt. 59:m)
To: Cul-de-sac, a distance of: 0.09 miles.
Recordation Reference: Pb.156 Pg.1
Right of Way width (feet) = 50
. Scotts Bluff Way, State R,oute Number 5938
From: Clearbrook Ct., (Rt. 72Hl)
To: Cascade Creek Ln., (Rt. 7220), a distance of: 0.07 miles.
Recordation Reference: Pb.156 Pg.1
Right of Way width (feet) = 50
. Cascade Creek Lane, State Route Number 7220
From: ScoUs BluffWy., (Rt. 59:38)
To: Cul-de-sac, a distance of: 0.04 miles.
Recordation Reference: Pb.156 Pg.1
Right of Way width (feet) = 50
. Cascade Creek Lane, State Route Number 7220
From: Scotts BluffWy., (Rt. 5938)
To: Cascade Creek Ct., (Rt. 7221), a distance of: 0.06 miles.
07-968
10/24/07
Recordation Reference: Pb.156 Pg.1
Right of Way width (feet) = 50
· Cascade Creek Court, State Route Number 7221
From: Cascade Creek Ln., (Rt. 7220)
To: Cul-de-sac, a distance of: 0.03 miles.
Recordation Reference: Pb.156 Pg.1
Right of Way width (feet) = 50
· Cascade Creek Lane, State Route Number 7220
From: Cascade Creek Ct., (Rt. 7221)
To: Cascade Creek PI., (Rt. 7222), a distance of: 0.07 miles.
Recordation Reference: Pb.156 Pg.1
Right of Way width (feet) = 50
· Cascade Creek Place, State Route Number 7222
From: Cascade Creek Ln., (Rt. 7220)
To: Cul-de-sac, a distance of: 0.05 miles.
Recordation Reference: Pb.156 Pg.1
Right of Way width (feet) = 50
. Cascade Creek Lane, State Route Number 7220
From: Cascade Creek PI., (Rt. 7222)
To: Springmount Rd., (Rt. 5921), a distance of: 0.08 miles.
Recordation Reference: Pb.156 Pg.1
Right of Way width (feet) = 50
. Cascade Creek Lane, State Route Number 7220
From: Springmount Rd., (Rt. 5921)
To: Cul-de-sac, a distance of: 0.07 miles.
Recordation Reference: Pb.156 Pg.1
Right of Way width (feet) = 50
. Springmount Road, State Route Number 5921
From: Cascade Creek Ln., (Rt. 7220)
To: Spring Glen Dr., (Rt. 7223), a distance of: 0.05 miles.
Recordation Reference: Pb.156 Pg.1
,~
Right of Way width (feet) = 50
· Spring Glen Drive, State Route Number 7223
From: Springmount Rd., (Rt. 5921)
To: Spring Glen Ct., (Rt. 7224), a distance of: 0.13 miles.
Recordation Reference: Pb.156 Pg.1
Right of Way width (feet) = 50
07-969
10/24/07
. Spring Glen Court, State Route Number 7224
From: Spring Glen Dr., (Rt. 7223)
To: Cul-de-sac, a distance of 0.05 miles.
Recordation Reference: Pb.156 Pg.1
Right of Way width (feet) = 50
.
Spring Glen Drive, State R~oute Number 7223
-'
From: Spring Glen Ct., (Rt. 7224)
To: Cul-de-sac, a distance of: 0.03 miles.
Recordation Reference: Pb.156 Pg.1
Right of Way width (feet) = 50
. Springmount Road, State Route Number 5921
From: Spring Glen Dr., (Rt. 7223)
To: 0.03 mi. N of Spring Glen Dr., (Rt. 7223), a distance of: 0.03 miles.
Recordation Reference: Pb.156 Pg.1
Right of Way width (feet) = 50
And, further, the Boa.rd 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 Tran:sportation has advised
streets meet the requirements establishE~d by
Street Requirement~ 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 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: Kings Grove, Section 1
-,^<
Tvpe Chanqe 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
07-970
10/24/07
· South Jessup Road, State Route Number 2301
From: Regal Grove Dr., (Rt. 7128)
To: 0.02 mi. N of Regal Grove Dr., (Rt. 7128), a distance of: 0.02 miles.
Recordation Reference: Pb. 154 Pg. 69
Right of Way width (feet) = 44
· South Jessup Road, State Route Number 2301
From: Regal Grove Dr., (Rt. 7128)
To: South Jessup Lp., (Rt. 7245), a distance of: 0.06 miles.
Recordation Reference: Pb. 154 Pg. 69
Right of Way width (feet) = 40
· South Jessup Road, State Route Number 2301
From: South Jessup Lp., (Rt. 7245)
To: South Jessup Lp., (Rt. 7245), a distance of: 0.02 miles.
Recordation Reference: Pb. 154 Pg. 69
Right of Way width (feet) = 40
. South Jessup Loop, State Route Number 7245
From: South Jessup Rd., (Rt. 2301)
To: South Jessup Rd., (Rt. 2301), a distance of: 0.06 miles.
Recordation Reference: Pb. 154 Pg. 69
Right of Way width (feet) = 40
. South Jessup Road, State Route Number 2301
From: South Jessup Lp., (Rt. 7245)
To: Cul-de-sac, a distance of: 0.17 miles.
Recordation Reference: Pb. 154 Pg. 69
Right of Way width (feet) = 40
. Regal Grove Drive, State Route Number 7128
From: South Jessup Rd., (Rt. 2301)
To: Cul-de-sac, a distance of: 0.08 miles.
Recordation Reference: Pb. 154 Pg. 69
Right of Way width (feet) = 40
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
07-971
10/24/07
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, Cod~~: virginia, and the
Department' s Subdivision Street Requireml:mts.
AND, BE IT FURTHER RESOLVED, that t:his Board guarantees
a clear and unrestricted right-of-way, CiS 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: Kings Farm at RivelJ'downs, Section 5
Tvpe Chan(le to the Secondary System of State
Addition
Reason for Change:
New subdivision strent
Pursuant to Code of Virginia
~33.1-229
Street Name and/or Route
. Post Mill Drive, State Route Number 5859
From: 0.01 mi. NW of Riverdowns South Dr., (Rt. 5744)
To: Post Mill PI., (Rt. 7204), a distance of: 0.14 miles.
Recordation Reference: Pb.157 P9.71
Right of Way width (feet) = 40
.
Post Mill Place, State Route Number 7204
-
From: Post Mill Dr., (Rt. 5859)
To: Cul-de-sac, a distance of: 0.07 miles.
Recordation Reference: Pb.157 Pg.71
Right of Way width (feet) = 40
. Post Mill Drive, State Route Number 5859
From: Post Mill PI., (Rt. 7204)
To: Post Mill Tr., (Rt. 7205), a distance of: 0.09 miles.
Recordation Reference: Pb.157 IPg.71
Right of Way width (feet) = 40
. Post Mill Terrace, State Route Number 7205
From: Post Mill Dr., (Rt. 5859)
To: Cul-de-sac, a distance of: 0.04 miles.
Recordation Referemce: IPb.157 Pg.71
Right of Way width (feet) = 40
. Post Mill Drive, State Route Number 5859
From: Post Mill Tr., (Rt. 7205)
To: 0.01 mi. S of Brewton Wy., (Rt. 5860), a distance of: 0.11 miles.
07-972
10/24/07
Recordation Reference: Pb.157 Pg.71
Right of Way width (feet) = 40
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that 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: Queens Grant at Riverdowns, Section 4
Tvpe Chan(le 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
. Riverdowns South Drive, State Route Number 5744
From: 0.03 mi. S of Brewton Wy., (Rt. 5860)
To: Post Mill Dr., (Rt. 5859), a distance of: 0.16 miles.
Recordation Reference: Pb.256 Pg.89
Right of Way width (feet) = 50
. Post Mill Drive, State Route Number 5859
From: Riverdowns South Dr., (Rt. 5744)
To: 0.01 mi. NW of Riverdowns South Dr., (Rt. 5744), a distance of: 0.01 miles.
Recordation Reference: Pb.256 Pg.89
Right of Way width (feet) = 40
. Riverdowns South Drive, State Route Number 5744
From: Post Mill Dr., (Rt. 5859)
To: Temp EOM, a distance of: 0.20 miles.
07-973
10/24/07
Recordation Reference: Pb.256 Pg.89
Right of Way width (feet) = 50
Ayes: Miller, HUmphrE=y, King, Sowder and Warren.
Nays: None.
8.C. ADOPTION OF RESOLUTIONS
8.C.3.a. RECOGNIZING FAMILY LIFELINE ON ITS 130TH
ANNIVERSARY
..-'
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Family Lifeline has been dedicated to
supporting and strengthening families in the communities
where they live, work, and learn since 1877 as the City
Mission, merging in 1905 to the Associated Charities, in 1928
became Family Service Society, in 1963 merged into Family and
Children's Services, and became Family Lifeline in 2001; and
WHEREAS, Family Lifeline envisions that strong families
nurture their members at all ages and stages of life
supporting children so that they are hea.lthy and prepared to
be successful in school, enabling adults to be successful in
the workplace, assuring that seniors are protected and well-
cared for, all of which contributes to the strength and
vitality of our community; and
WHEREAS, in fiscal year 2007, Family Lifeline supported
and served 2,461 families in Chesterfield, Henrico, Richmond,
and Petersburg and with the assistance of 500 volunteers,
contributed time and creativity to strengthen families; and
-
WHEREAS, Family Lifeline reaches out to families in the
communities where they live, work and learn - not asking them
to come to office locations that are remote from where they
are; and
WHEREAS, Family Lifeline
not-for-profit organizations
effectiveness, accomplishing
independently; and
works in partnership with other
to increase efficiency and
more by working together than
WHEREAS, Family Lifeline builds on strengths by
identifying the assets in families and communities that can
be leveraged to strengthen the community; and
WHEREAS, Family Lifeline strengthens the foundation for
families by assuring that they live in safe stable houses,
are employed in jobs that provide a livable wage and
benefits, and ta.ke optimal advantage of education
opportunities.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby congratulates Family
Lifeline on celebrating its 130th anniversary and expresses
sincere appreciation for its continuing efforts to support
and strengthen families and communities, including
Chesterfield County.
,---.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-974
10/24/07
8.C.3.b. RECOGNIZING NOVEMBER 2007, AS "FAMILY HEALTH
HISTORY MONTH
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Chesterfield County is committed to the health
and well being of all its residents; and
WHEREAS, certain diseases and conditions, including
heart disease, diabetes, cancer, obesity, sickle cell anemia
and hemophilia, can run in families; and
WHEREAS, being aware of the health history of biological
or blood relatives, both contemporary and ancestral, can help
individuals and families take preventive measures to maintain
their health, and to obtain early diagnosis and treatment;
and
WHEREAS, studies have shown that fewer than one-third of
Americans know their family's health historYi and
WHEREAS, in 2004, U.S. Surgeon General Richard H.
Carmona, in conjunction with the U. S. Department of Health
and Human Services, began a campaign to encourage all
families to learn more about their family health history; and
WHEREAS, November is "Family Health History Month," and
an opportune time to remind all Chesterfield County residents
of the importance of researching and recording their family
health history; and
WHEREAS, as we approach the holiday season, a
traditional time for family gatherings, it is a good time to
discuss family health history and work to improve the health
of current-day and future family members.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby recognizes November 2007,
as "Family Health History Month," and encourages all
Chesterfield County residents to learn about their family
health history.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.3.c. RECOGNIZING MASTER OFFICER MICHAEL A. BICKEL UPON
HIS RETIREMENT
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Master Officer Michael A. Bickel retired from
the Chesterfield County Police Department on November 1, 2007
after providing 20 years of quality service to the citizens
of Chesterfield County; and
WHEREAS, Master Officer Bickel has faithfully served the
county in the capacity of Patrol Officer, Senior Officer, and
Master Officer; and
07-975
10/24/07
WHEREAS, during his tenure, Master Officer Bickel served
as a Field Training Officer, DARE Officer, School Resource
Officer, Special Response Unit member, and General
Instructor; and
WHEREAS, Master Officer Bickel distinguished himself by
demonstrating teamwork, professionalism and commitment to
duty; and
WHEREAS, Master Officer Bickel was commended by his
superiors within the Chesterfield County Police Department_-
for his outstanding performance of duty, which led to the
clearance of numerous cases, recovery of stolen property, and
apprehension of criminals; and
WHEREAS, Master Officer Bickel received letters of
appreciation from Chesterfield County citizens throughout his
career for his loyalty and devotion to duty; and
WHEREAS, Master Officer Bickel
Chesterfield County Police Department
faithful and dedicated service; and
has
with
provided
many years
the
of
WHEREAS, Chesterfield County and the
Supervisors will miss Master Officer Bickel's
service.
Board of
diligent
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Naster Officer Michael
A. Bickel, and extends, on behalf of its members and the
citizens of Chesterfield County, appreciation for his service
to the county, congratulations upon his retirement, and best
wishes for a long and happy retirement. -'
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.4. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
MIDLOTHIAN DISTRICT IMPROVEMENT FUND
8.C.4.a. TO THE DEPARTMENT OF ENVIRONMENTAL ENGINEERING TO
CONTROL VEGETATION IN MIDDLE LAKE AND FINGER LAKE,
COUNTY MAINTAINED STROM WATER MANAGEMENT PONDS
LOCATED IN THE QUEENSPARK SUBDIVISION
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
transferred $3,500 from the Midlothian District Improvement
Fund to the Department of Environmental Engineering to
control vegetation in Middle Lake and Finger Lake, which are
county-maintained storm water management ponds located in the
Queenspark Subdivision.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
---
8.C.4.b. TO THE PARKS AND RECREATION DEPARTMENT TO PURCHASE
AND INSTALL LANDSCAPING ON PUBLIC PROPERTY AT
ROBIOUS ELEMENTARY SCHOOL
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
transferred $3,000 from the Midlothian District Improvement
07-976
10/24/07
Fund to the Parks and Recreation Department to purchase and
install landscaping at Robious Elementary School.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.4.c. TO THE POLICE DEPARTMENT TO REIMBURSE THE POLICE
DEPARTMENT FOR THE COSTS OF TRAFFIC CONTROL AT THE
MID LOTHIAN VILLAGE DAY FESTIVAL
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
transferred $2,000 from the Midlothian District Improvement
Fund to the Police Department to reimburse the Police
Department to defray the costs associated with traffic
control during the Midlothian Village Day Festival.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.5. REQUESTS FOR PERMISSION
8.C.5.a. FROM DAVID E. AND AMANDA H. YOUNG FOR A PROPOSED
FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASMENT
ACROSS LOT 43, BERKLEY VILLAGE, SECTION A AT
CHARTER COLONY
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from David E. and Amanda H. Young for
permission for a proposed fence to encroach within a 8-foot
easement across Lot 43, Berkley Village, Section A at Charter
Colony, subject to the execution of a license agreement. (It
is noted a copy of the plat is filed with the papers of this
Board. )
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.5.b. FROM ROLAND PRICE BEAZLEY, III AND KRISTEN HARRELL
BEAZLEY FOR A PROPOSED FENCE TO ENCROACH WITHIN A
THIRTY-FOOT DRAINAGE AND SEWER EASEMENT, AND A
SIXTEEN-FOOT EASEMENT ACROSS LOT 46, STEWARD
VILLAGE, SECTION A AT CHARTER COLONY
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from Roland Price Beazley, III and Kristen
Harrell Beazley for permission for a proposed fence to
encroach within a 30-foot drainage and sewer easement, and a
16-foot easement across Lot 46, Steward Village, Section A at
Charter Colony, subject to the execution of a license
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-977
10/24/07
8. C. 5. c. FROM VU D. HOANG AND THANH-TAM ~r. LE FOR PERMISSION
FOR A PROPOSED FENCE TO ENCROACH WITHIN A 10-FOOT
EASEMENT ACROSS LOT 82, WATERMILL, PHASE 1
On motion of: Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from Vu D. Hoang and Thanh-Tam T. Le for
permission for a proposed fence to encroach within a la-foot
easement across Lot 82, Watermill, Pha:se 1, 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.
'-
8.C.5.d. FROM LASANDRA D. JACKSON FOR A PROPOSED FENCE TO
ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT
ACROSS LOT 10, BERKLEY VILLAGE, SECTION A AT
CHARTER COLONY
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from LaSandra D. Jackson for permission
for a proposed fence to encroach 5 feet into a 16-foot
drainage easement across Lot 10, Berkley Village, Section A
at Charter Colony, subj ect to the execution of a license
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and. Warren.
Nays: None.
8. C. 5. e. FROM VICTOR J. AND DAWN M. POI.TRICK FOR AN EXISTING
CONCRETE PAD AND TWO FOUR-INCH BY FOUR-INCH WOODEN
POSTS TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT
ACROSS LOT 15, BLOCK C, HILLTOP FARMS, SECTION C
-'
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from Victor J. poltrick and Dawn M.
Pol trick for permission for an existing concrete pad and two
4-inch by 4-inch wooden posts to encroach within an 8-foot
easement across Lot 15, Block C, Hilltop Farms, Section C,
subj ect to the execution of a license agreement. (It is
noted a copy of the plat is filed wi t.h the papers of this
Board. )
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.5.f. FROM STEPHEN R. RUQUS, JR. ANI) TERRI RUQUS FOR A
PROPOSED FENSE TO ENCROACH WI'l?HIN AN EIGHT - FOOT
EASEMENT ACROSS LOT 1, TANNER VILLAGE, SECTION C AT
CHARTER COLONY
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from Stephen R. Ruqus, Jr. and Terri Ruqus
for permission for a proposed fence to encroach within an 8-
foot easement across Lot 1, Tanner village, Section C at
Charter Colony, subj ect t.O the execution of a license
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
'-
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-978
10/24/07
8.C.6. ACCEPTANCE OF A PARCEL OF LAND ALONG COMMONWEALTH
CENTRE PARKWAY FROM COMMONWEALTH CENTRE STORAGE, LLC
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
accepted the conveyance of a parcel of land containing 0.039
acres along Commonwealth Centre Parkway from Commonwealth
Centre Storage, 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.7. REQUEST TO QUITCLAIM A PORTION OF A SIXTEEN-FOOT
WATER EASEMENT ACROSS THE PROPERTY OF THE SALISBURY
CORPORATION
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 16-foot water easement across the property of
The Salisbury Corporation. (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.8. SET DATES FOR PUBLIC HEARINGS
8.C.8.a. TO CONSIDER AN AMENDMENT TO SECTION 19-5 OF THE
CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS
AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF
ORDINANCES REGARDING THE NUMBER OF UNRELATED
PERSONS IN SINGLE FAMILY DWELLINGS
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
set the date of November 28, 2007 at 6:30 p.m. for a public
hearing for the Board to consider an amendment to Section 19-
5 of the County Code relating to penalties for violations of
ordinances regarding the number of unrelated persons in
single-family dwellings.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
a.C.8.d. TO CONSIDER THE FOXCROFT LANDSCAPING ENHANCEMENT
PROJECT
On motion of Mrs. Humphrey,
set the date of November 14,
to consider an amendment
Enhancement Project.
seconded by Mr. King, the Board
2007 at 6:30 p.m. for the Board
to the Foxcroft Landscaping
Ayes:
Nays:
Miller, Humphrey, King, SowdeI" and Warren.
None.
The following item was removed from the Consent Agenda for
public comment:
07-979
10/24/07
't"
8.C.8.c. SET DATE FOR PUBLIC HEARING TO CONSIDER AN
AMENDMENT TO THE CODE OF THE COUNTY OF
CHESTERFIELD, 1997, AS AMENDED. BY ADDING A NEW
ARTICLE XVII TO CHAPTER 9 OF THE CODE RELATING TO
TRANSPORTATION IMPACT FEES TO FUND AND RECAPTURE
THE COST OF PROVIDING REASONAB]~E ROAD IMPROVEMENTS
Ms. Brenda Stewart, a resident of the Mataoca District,
stated the proposed amendment is not ready to go forward and
asked that the Board hold a community meeting to answer
questions from citizens regarding the impact fees.
--~
Ms. Andrea Epps suggested that the Board
with information concerning the impact
public hearing.
provide the public
fees prior to the
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
set the date of November 28, 2007 at 6:30 p.m. for the Board
to consider an amendment to the County Code, by adding a new
Article XVII to Chapter 9 of the Code relating to
transportation impact fees to fund and recapture the cost of
providing reasonable road improvements.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Warren stated, in his opinion, it will be the first of
the year before anything is accomplished on this issue.
The following item was removed from the Consent Agenda for
Board discussion:
-
8.C.2.
ADOPTION OF THE 2008 LEGISLATIVE PROGRAM
Mr. Miller stated the county should ask the General Assembly
to be as aggressive as possible on the issue of illegal
immigration. He expressed concerns that the county not end
up with a lot of the responsibilities and no funding for
those responsibilities. He stated the county will be asking
for authority to request applicants for a business license to
certify that they do not hire illegal immigrants. He
inquired whether the county could ask landlords to certify
that they will not rent to illegal immigrants.
Ms. Curtin stated staff's position is that this issue can be
addressed within existing authority under the building code
to enforce square footage per person requirements.
In response to Mr. Sowder's questions, Ms. Curtin stated the
Board does not need General Assembly authority to enact the
contract certification provision.
On motion of Mr. Sowder, seconded by Mr. King, the Board
adopted the 2008 Legislative Program, as amended.
.-'"
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-980
10/24/07
8.C.8.b. TO SOLICIT COMMENT ON ILLEGAL IMMIGRATION IN
CHESTERFIELD COUNTY
On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board
set the date of November 14, 2007 at 6:30 p.m. for a public
hearing for the Board to solicit comment on the
recommendations contained in the Illegal Immigration Report
and to articulate community concerns with respect to illegal
immigration in the county.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
9 . REPORTS
9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
LEASE PURCHASES
9.C. REPORT ON COMCAST'S PETITION FOR RELIEF FROM LOCAL RATE
REGULATION
On motion of Mr. King, seconded by Mr. Warren, the Board
accepted the following reports: a Report on Developer Water
and Sewer Contracts; a Report on Status of General Fund
Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases; and a Report on
Comcast's Petition for Relief from Local Rate Regulation.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Judy Hamilton addressed the Board relative to two Board
members abstaining from voting on the Branner Station zoning
case and other issues concerning the case.
Mr. Mike Uzel presented the Board with a petition requesting
that the Board's vote on the Branner Station zoning case be
nullified and requested a written opinion from the County
Attorney regarding the conformance of the vote with the
County Code.
Ms. Barbara Story expressed concerns relative to citizens not
being informed that their property could be taken for the
road proposed with the Branner Station zoning case.
Ms. Frances Wargofcak requested that the Board nullify the
vote in the Branner Station zoning case or defer the case
until January 2008.
Mr. Dave Miranda expressed concerns relative to not being
informed about the impact of the Board's approval of the
Branner Station zoning case and requested that the Board
reconsider its decision on the case.
07-981
10/24/07
11. 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
STRATEGY OF THE PUBLIC BODY
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
went into 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 strategy of the
public body.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Reconvening:
On motion of Mr. Miller, 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.
-"
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.
-....
12. DINNER
On motion of
recessed to
dinner.
Mr.
the
Miller, seconded by Mr.
Administration Building,
King,
Room
the Board
502, for
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-982
10/24/07
Reconvening:
13. INVOCATION
Dr. Roy Foots, Pastor, New Direction Ministries, gave the
invocation.
14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Mr. Kirk Turner led the Pledge of Allegiance to the flag of
the United States of America.
15. RESOLUTIONS
There were no resolutions at this time.
16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION
07SN0157 (Amended)
In Matoaca Magisterial District, OTTERDALE VENTURE, LLC
requests rezoning and amendment of zoning district map from
Agricultural (A) and General Business (C-5) to Community
Business (C-3) of 107 acres with Conditional Use to permit
multifamily residential use and an above-ground utility
structure (water storage tank) and to Residential Townhouse
(R-TH) of seventy-one (71) acres plus Conditional Use Planned
Development to permit exceptions to Ordinance requirements.
The density of such amendment will be controlled by zoning
condi tions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for community mixed use
and residential use of 2.0 units per acre or less. This
request lies on 178.0 acres fronting approximately 1,500 feet
on the north line of Hull Street Road, also fronting in two
(2) places for a total of approximately 3,500 feet on the
west line of Otterdale Road and located in the northwest
quadrant of the intersection of these roads. Tax ID 710-670-
5596.
Mr. Turner stated staff is requesting that the Board remand
Case 07SN0157 to the Planning Commission because the
applicant has submitted substantial revisions to the
proffered conditions since the Planning Commission heard the
case.
Mrs. Humphrey stated she is prepared to hear the case now
because the proffered conditions have been updated and, in
her opinion, the Board now has enoUi3'h information to make a
decision on the case. She further stated she does not
support staff's recommendation to remand the case to the
Planning Commission.
07-983
10/24/07
Mr. Miller inquired whether anyone was present to address the
request.
Mr. Warren expressed concerns that perhaps citizens were not
present concerning the case because they thought it would be
remanded to the Planning Commission.
Mr. Miller stated that he is currently not ready to vote on
this case.
Mrs. Humphrey indicated her desire to hear the case this -
evening.
Mr. Miller requested that the case be heard J.n its regular
order.
07SN0223
In Matoaca and Midlothian Magisterial Districts, GBS HOLDING,
LTD. requests rezoning and amendment of zoning district map
from Agricultural (A) and Light Industrial (I-I) to Community
Business (C-3) of 211 acres with Conditional Use to permit
multifamily and townhouse uses and rezoning from Agricultural
(A) and Light Industrial (I-I) to Residential Townhouse (R-
TH) of 1,183.9 acres plus Conditional Use Planned Development
to permit exceptions to Ordinance requirements on the entire
1,394.9 acre tract. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
regional employment center use, office/residential mixed use
and resident:ial use of 2.0 units per acre or less. This
request lies on 1,394.9 acres fronting the east and west
lines of Old. Hundred Road at the Norfolk Southern Railroad;
the north line of Old Hundred Road east of Otterdale Road;
and the east and west lines of Otterdale Road north of Old
Hundred Road. Tax IDs 707-700-7988; 708-702-1722; 709-701-
7328; 710-700-7596; 710-703-3345; 711-699-3470; 711-700-1144;
711-701-5180; 712-699-7663; 713-703-4194; 713-704-3412; 713-
705-5709; 714-703-2188 & 7259; 714-704-1729; 714-705-5728;
716-701-4130; 718-697-4548 & 6844; 718-699-7719; 719-697-
8012; 719-698-2822; 720-695-3288 & 9506; 720-698-0178; 720-
700-0007; 721-695-9061; 722-697-0512; 722-700-4002.
~
Mr. Turner stated the applicant is requesting a deferral
until November 28, 2007.
Mr. Dave .Anderson, representing the applicant, stated
Roseland would bring to the county an unprecedented level and
commitment to new urban living, environmental stewardship and
economic development. He then requested a deferral until
November 28, 2007.
Mr. Miller called for public comment.
No one came forward to speak to the deferral.
Mrs. Humphrey stated there are some residents in Charter
Colony who still need to discuss this case with the developer
to gain an understanding of the proffered conditions and the
proposed site plan.
07-984
10/24/07
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
deferred Case 07SN0223 until November 28, 2007.
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
07SN0362
In Clover Hill Magisterial District, MT. GILEAD FULL GOSPEL
INTERNATIONAL MINISTRIES requests Conditional Use 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 Comprehemsive Plan suggests the
property is appropriate for community mixed use uses. This
request lies in an Agricultural (A) District on 4.1 acres
lying approximately 970 feet off the north line of Hicks Road
across from Lockhart Road. Tax ID 759-694-Part of 3145.
Mr. Turner stated the applicant is requesting a deferral
until November 28, 2007.
Minister Gerard Smith, representing the applicant, requested
a 30-day deferral to allow the applicant to speak with some
of the neighbors and the 360 Corridor Committee regarding the
proposed sign.
Mr. Miller called for public comment.
No one came forward to speak to the deferral.
Mr. Warren thanked Minister Smith for his willingness to meet
with the residents, indicating that he wants to make sure
that the 360 Corridor Committee and the community are aware
of the proposal.
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
deferred Case 07SN0362 until November 28, 2007.
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
07SN0333
In Midlothian Magisterial District, CHESTERFIELD COUNTY BOARD
OF SUPERVISORS requests rezoning a.nd amendment of zoning
district map from Residential (R-7), Neighborhood Business
(C-2), Community Business (C-3), Regrional Business (C-4) and
General Business (C-5) to Regional Business (C-4) with
Conditional Use to permit multifamily and townhouse uses plus
Conditional Use Planned Development to permit exceptions to
Ordinance requirements. The density of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for regional mixed use. This request lies on 83 acres
located in the southwest quadrant of Midlothian Turnpike and
Chippenham Parkway, also fronting on the north line of
Cloverleaf Drive and the northern terminus of Starview Lane.
Tax IDs 764-705-3864,6668 and 8227; 764-706-3159-00001 and
00002 and 8861-00001 and 00002; 764-707-6112-00001 and 00002;
765-704-2693; 765-705-4651, 5781, 7651 and 7962; 765-706-
07-985
10/24/07
1010-00001 and 00002, 4170, 6964, 8068 and 8842; and 765-707-
6600.
Mr. Turner stated the Planning Commission deferred Case
07SN0333 until November 20, 2007; therefore, staff is
requesting that the Board defer the case until November 28,
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 07SN0333 until November 28, 2007.
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
07SN0386
In Bermuda Magisterial District, BROAD STREET PARTNERS
COMMERCIAL LLP requests rezoning and amendment of zoning
district map from Agricultural (A), Community Business (C-3),
General Business (C- 5) and Residential (R-7) to Community
Business (Coo3) with Conditional Use to permit multifamily
uses plus Conditional Use Planned Development to permit light
industrial uses and 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 general commercial
and residential use of 7.01 to 10.0 units per acre and under
certain circumstances more intense uses such as high density --
residential, commercial and industrial uses. This request
lies on 190.8 acres fronting approximately 1,340 feet in two
(2) places on the east line of Jefferson Davis Highway north
of Redwater Ridge Road approximately 1,000 feet on the south
line of Osborne Road and approximately 1,820 feet on the west
line of I-95. Tax IDs 798-656-4174, 7198 and 8099; 798-657-
0830, 3703 and 5657; 799-655-4194; 799-656-0212; 799-657-
3802; 800-656-5991; 800-658-9359; and 799-658-Part of 6575.
Mr. Turner stated the Planning Commission deferred Case
07SN0386 until November 20, 2007; therefore, staff is
requesting that the Board defer this case until November 28,
2007.
Mr. John Cogbill, representing the applicant, stated the
deferral is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the deferral.
On motion of Mr. King, seconded by Mr. Warren, the Board
deferred Case 07SN0386 until November 28, 2007.
-;
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
07-986
10/24/07
08SNOll1
In Bermuda Magisterial District, TWIN RIVERS LLC requests
rezoning and amendment of zoning district map from General
Industrial (1-2) to General Business (C-5) with Conditional
Use to permit multifamily and townhouse uses plus Conditional
Use Planned Development to permit exceptions to Ordinance
requirements. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
light industrial use. This request lies on 69.9 acres
located in the southwest quadrant of Meadowville and North
Enon Church Roads. Tax IDs 823-659-3856, 6573 and 9483; 823-
660-4049; and 824-659-2386, 5689 and 8890.
Mr. Turner stated the Planning Commission deferred Case
08SN0111 until November 20, 2007; therefore, staff is
requesting that the Board defer this case until November 28,
2007.
Mrs. Carrie Coyner, representing the applicant, requested
that the case not be pushed back to the December meeting due
to the fact that the Meadowville Landing Subdivision is
currently developing its sidewalk plan. She then stated that
the 30-day deferral is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the deferral.
On motion of Mr. King, seconded by Mr. Warren, the Board
deferred Case 08SN0111 until November 28, 2007.
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
08SN0131
In Matoaca Magisterial District, CHESTERFIELD COUNTY BOARD OF
SUPERVISORS requests Conditional Use 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 residential use of 1-5 acre lots, suited to R-88 zoning.
This request lies in an Agricultural (A) District on 137.2
acres fronting approximately 1,600 feet on the north and
south lines of John winston Jones Parkway approximately 900
feet northeast of Woodpecker Road; a.lso fronting in two (2)
places for approximately 280 feet on the northeast line of
Woodpecker Road approximately 600 feet southeast of John
Winston Jones Parkway. Tax ID 783-626-4767.
Mr. Turner stated the Planning Commission deferred Case
08SN0131 until December 18, 2007; therefore, staff is
requesting that the Board defer the case until December 19,
2007.
Mr. Miller called for public comment.
No one came forward to speak to the deferral.
07-987
10/24/07
On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board
deferred Case 08SN0131 until December 19, 2007.
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
07SN0350
The Commission requests amendment to a Conditional Use
Planned Development (Zoning Case 74S021) relating to open
space in Brandermill Community. Case 74S021 required 940
acres of open space; this amendment would reduce the total to
912.9 acres. Open space would consist of 473.3 acres owned
by Brandermill Comm. Ass'n, 24.5 acres owned as private open
space, 173.2 acres owned by Commonwealth Golf Prop., LLC, and
not more than 241.9 acres within existing road rights of
ways, all of which is shown on a document "Brandermill
Residential Communities Open Space Calculations" dated 5/7/07
which is part of this application and can be reviewed at
Planning Department on weekdays between 8: 3 0 am & 5: 0 0 pm.
Uses permitted in required open space would also be amended
so that, except for open space in existing roads, open space
could be used only for: maintaining as natural vegetation or
landscaped a.reas ; active or passive recreational uses incl.
but not limited to walking & biking paths, playgrounds, golf
course, pools, tennis courts, related parking lots &
buildings; & temporary activities & events such as art shows,
annual celebrations, & special outings that support the
recreational nature of open space. This request affects all
properties t:hat are currently within the boundaries of the
Brandermill Community except as noted below. These
boundaries follow the entire east line of the Swift Creek
Reservoir down to the south line of Swift Creek Reservoir to
the west line of the Harbour pointe residential community
over to Hull Street Road. Follow the north line of Hull
Street Road to the west line of South Old Hundred Road.
Follow the west line of South Old Hundred Road to Genito Road
where South Old Hundred Road changes to Charter Colony
Parkway. Follow the west line of Charter Colony Parkway to
the south line of Old Hundred Road. Follow the south line of
Old Hundred Road to the west line of Brandermill Woods and
follow the west line of Brandermill Woods to the west line of
Deer Meadow subdivision to the west line of Birnam Woods to
the west line of Millcrest subdivision to the upper east line
of Swift Creek Reservoir. wi thin these boundaries, all
County-owned properties and commercial properties that do not
pay dues t:o the Brandermill Community Association for
maintenance are excluded from this request.
Mr. Turner presented a summary of Case 07SN0350 and stated
the Plannin9 Commission recommended approval, subject to one
condition recommended by the Commission. He noted that an
addendum was provided today outlining recent revisions to
recommended conditions, indicating that the revisions have
been accepted and endorsed by the Brandermill Community
Association Board of Directors. He stated staff recommends
approval at this time, subject to the five conditions listed
in the addendum.
Mr. William Shewmake, representing the Brandermill Community
Association, stated the open space issue is vi tal to the
Brandermil1 community, and the amendment corrects a problem
07-988
10/24/07
.-
.......""
'-"
and helps to protect and preserve the open space in the
community.
Mr. Miller called for public comment.
In response to Mr. Warren's question, Mr. Turner stated staff
is in support of this request.
Mr. Warren stated Brandermill wanted to make sure that
everything was in order to protect their open space for the
future.
Mr. Warren then made a motion, seconded by Mr. Sowder, for
the Board to approve Case 07SN0350, subject to the following
conditions:
1. The plan titled "Brandermill: Open Space and County-
Owned Property" dated June 14, 2007, and the chart
titled "Brandermill Residential Communities Open Space
Calculations" dated May 7, 2007, shall be considered the
Master Plan. Park areas and open space areas shall be
provided as specifically identified in these documents,
provided however that the amount of park area and open
space and the location of park area and open space may
be modified to conform with park area and open space
designations in recorded plats that have been approved
by the county as of October 24, 2007. (P)
2. A minimum of 912.9 acres shall be provided in park
areas, open space, and country club facilities, of which
a maximum of 241.96 acres shall be contained within
rights of way. (P)
3. Park Areas and General OpeD Space
A. Uses permitted wi thin park areas and open space
shall be limited following:
i. Rights of way, as identified in condition 2
above.
ii. Naturally vegetated and landscaped areas.
iii. Active and passive recreational uses primarily
serving the surrounding residential community,
including, but not limited to, walking and
biking paths, playgrounds, golf course, pools,
tennis courts, social, recreational, and
communi ty buildings, picnic shel ters and
nature interpretative areas.
-
iv. Temporary activities and events such as art
shows, annual celebrations special outings
that support the recreational nature of open
space. (P)
(Note: This condition supersedes Exhibit B, Section 1,
Subsection f, Paragraph A, Subparagraphs 1-7, Chart III
and Exhibit M of Case 74SN0021.)
4. Country Club:
07-989
10/24/07
A. The Country Club shall be restricted to tract 713.
B. Uses permitted on tract 713 shall be limited to the
following:
i. Rights of way, as identified in condition 2
above
ii. Naturally vegetated and landscaped areas.
iii. Active and passive recreational uses primarily
serving the surrounding residential community,
including, but not limited to, walking and
biking paths, playgrounds, pools, tennis
courts, and golf course area that is within
the tract.
-
iv. Included within the country club: social,
recreational and community buildings, pro
shop, restaurant, child care facilities,
exercise room and associated lockers and
showers. (P)
5. Any site plan for development to be located in the areas
governed by conditions 3 and 4 shall be submitted for
review and approval by the Planning Commission. (P)
(Note: This condition supersedes Exhibit B, Section 1,
Subsection f, Paragraph C, subparagraphs 1-12, Chart III
and Exhibit M of Case 74SN0021.)
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
...........'
07SN0242
In Dale Magisterial District, ROWE ASSOCIATES, LTD. requests
amendment of Conditional Use Planned Development (Case
84S059) and amendment of zoning district map relative to
setback requirements. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
residential use of 1. 0-2.5 dwelling units per acre. This
request lies in a Residential (R-9) District on 7.0 acres
fronting approximately 550 feet on the north line of Cogbill
Road approximately 1,030 feet east of Ironstone Drive. Tax
ID 774-682-1361.
Mr. Turner presented a summary of Case 07SN0242 and stated
the Planning' Commission recommended approval, subject to one
condi t ion. He further s ta ted s taf f recommended approval,
subject to the Board determining that the proposed setbacks
are super~or to those required by the existing zoning.
-"
In response to Mr. Miller's question, Mr. Turner stated,
under the Board's policy, the applicant would be subject to
cash proffers unless he demonstrates that something of higher
value is being offered to offset the impact. He further
stated staff recommends approval, if the Board believes that
the setbacks are superior to those required by the existing
zoning.
07-990
10/24/07
Mr. Miller stated the setbacks are increasing.
Ms. Kristen Keatley, representing t:he applicant, stated the
Planning Commission's recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. Miller, seconded by Mr. King, the Board
approved Case 07SN0242, subject to the following condition:
Side yards shall comply with the requirements of the Zoning
Ordinance for Residential (R-9) Districts. (P)
(Notes:
A.
With the approval of this request, Condition
3.b. of Case 84S059 is deleted for that parcel
of the property which is the subj ect of the
request.
B. All other conditions of zoning approval for
Cases 84S059 and 96SN0286 remain in affect.)
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
07SN0379
In Matoaca Magisterial District, lNINDSWEPT DEV., LLC AND
WESTERLEIGH, LLC request rezoning and amendment of zoning
district map from Agricultural (A) to Residential (R-12) of
1.7 acres plus Conditional Use to permit recreation
facili ties on this parcel and an adj acent 0.5 acre parcel
zoned Residential (R-12). The density of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for single family residential use of 2.0 units per acre or
less. This request lies on 2.2 acres lying at the western
terminus of Broadmoore Road. Tax IDs 707-682-Part of 6721
and 708-682-3558.
Mr. Turner presented a summary of Case 07SN0379 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Bob Schaffer, 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 07SN0379 and accepted the following proffered
conditions:
The Owners for themselves and their successors or assigns
(the "Developer") in this conditional use permit and zoning
case, pursuant to the Code of Virginia (1950 as amended) and
the Zoning Ordinance of Chesterfield County, proffer that the
use of property with Chesterfield County Tax Identification
Number 708-682-3558-00000 (Parcel A, currently zoned "A"),
07-991
10/24/07
and a part of property with Chesterfield County Tax
Identification Number 707-682-6721-00000 (Parcel B currently
zoned "R-12U) will be in accordance with the following
conditions if, and only if, the rezoning request to R-12 with
the conditional use (CU) to allow recreation facilities
serving the surrounding community of Westerleigh on Parcel A
and the same conditional use for Parcel B is granted. In the
event the request is denied or approved with conditions not
agreed to by the Owner, the proffers and conditions shall
immediately be null and void and of no further force or
effect. --
1. Utilities: The public wastewater systems shall be used.
(U)
2. Timbering. Except for timbering approved by the
virginia State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on the property until a land disturbance
permi t has been obtained from the Environmental
Engineering Department and the approved erosion devices
have been installed. (EE)
3. Buffers. A fifty (50) foot buffer shall be provided
along the perimeter of all active recreational
facilities except where adjacent to any existing or
proposed public roads. A forty (40) foot buffer shall
be provided along the perimeter of playground areas
except where adjacent to any existing or proposed public
roads. These buffers shall conform to the requirements
of the Zoning Ordinance for fifty (50) foot buffers and
shall be inclusive of required setbacks. (P)
.--,
4.
Recreational Uses.
shall be provided
application.
Active and passive recreation areas
on the property defined in this
A.
The following setback criteria shall
outdoor play fields, courts, swimming
similar active recreational areas
apply
pools
to
and
(i) 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 seventy-five (75) feet from any
proposed or existing single family residential
lot line and a minimum of fifty (50) feet from
any existing or proposed public road. Nothing
herein shall prevent the development of indoor
facilities and/or parking within this setback.
'-
(ii) Any playground areas (i. e . , areas
accommodating swings, jungle gyms or similar
such facilities) shall be set back a minimum
of forty (40) feet from any proposed or
existing sin91e family residential lot line
and from any existing or proposed public road.
07-992
10/24/07
(iii) Outside public address systems or speakers
shall not be used between the hours of 11:00
p.m. and 8:00 a.m. and shall only be used in
conjunction with a swimming pool. (p)
5.
Uses on Parcel A shall be
recreational facilities. (P)
limited to community
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
07SN0381
In Matoaca Magisterial District, VIRGINIA MAZZA requests
amendment to Conditional Use (Case 90SN0225) and amendment of
zoning district map to permit the transfer of operating
rights for a swimming pool contractor sales and storage
business. 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 unit per acre or less. This request
lies in an Agricultural (A) District on 10.0 acres lying
approximately 700 feet off the ea.st line of Little Road
measured from a point approximately 1,800 feet north of
pickhurst Court. Tax ID 775-614-Part of 8471.
Mr. Turner presented a summary of Case 07SN0381 and stated
the Planning Commission recommended approval and acceptance
of one proffered condition.
Mr. John Mazza, representing the applicant,
recommendation is acceptable.
stated the
Mr. Miller called for public comment.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved Case 07SN0381 and accepted the following proffered
condition:
This Conditional Use shall be granted to and for Virginia
Mazza, John V. Mazza, Jr., Victoria Mazza Parks and their
immediate family members, exclusively, and shall not be
transferable nor run with the land. Immediate family members
are defined as any person who is a natural or legally defined
offspring, spouse or grandchild of Virginia Mazza, John V.
Mazza, Jr. or Victoria Mazza Parks. (p)
(NOTE:
90SN0225.
effect. )
This Condition supersedes Condition 1 of Case
All other conditions of Case 90SN0225 remain in
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
07SN0383
In Bermuda Magisterial District l ECONOMIC DEVELOPMENT
AUTHORITY OF THE COUNTY OF CHESTERFIELD requests amendment of
Conditional Use Planned Development (Case 96SN0203) and
amendment of zoning district map relative to building height
and buffers. The density of such amendment will be
07-993
10/24/07
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
light industrial use. This request lies in a General
Industrial (1-2) District on 1,235.0 acres fronting the east
line of 1-295, the north line of Bermuda Hundred Road and the
west line of North Enon Church Road. Tax IDs 819-657-7858;
819-658-5187; 820-658-6860; 820-660-5779; 821-657-4246 and
9537; 821- 6 ~i 8 -1520 , 5331 , 5444 , 7658 and 9684; 821- 659 - 0540
and 3 755 ; 8 :2 2 - 651- 16 7 7 and 81 0 7; 822 - 6 5 6 - 4 2 9 8 ; 82 2 - 658 - 13 0 6 ;
822 - 659 - 1607 and 321 7; 823 - 654 -1524 ; 823 - 655 - 8513 ; 823 - 656 -
8564; 823-658-0538; 824-652-9603; 824-654-0075; 824-655-5551; __
824-658-6649; and 825-653-9567.
Mr. Turner presented a summary of Case 07SN0383 and stated
the Planning Commission and staff recommended approval,
subject to one condition.
Mr. John Easter, representing the applicant, stated this is
an important. case to enhance the Meadowville Technology Park
and economic development opportunities. He further stated he
has met with the neighbors and they are in agreement with the
amendments.
Mr. Miller called for public comment.
Mr. Theobold, representing Mr. Bill Sloan, stated that Mr.
Sloan is not opposed to the request, but he has been involved
in discussions concerning an alternate sewer route.
There being no one else to speak to the request, the public
hearing was closed.
In response to Mr. King's question, Mr. Easter stated the
applicant has spent a lot of time with neighbors explaining
the economic development benefits of the proposal. He
further stat:ed the neighbors are concerned about preserving
the existing woods, indicating that the applicant has agreed
to maintain a width of 150 feet.
-
Mr. King stated that he wants it to be on record that the
applicant will preserve the wooded area.
On motion of Mr. King, seconded by Mr. Warren, the Board
approved Case 07SN0383, subject to the following condition:
The Amendments to the Textual Statement
dated October 16, 2007, shall be approved.
for Case
( P)
96SN0203
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
08SN0104
In Dale Magisterial District, OAK GROVE BAPTIST CHURCH
requests Conditional Use and amendment of zoning district map
to permit a private school in a Residential (R-7) 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
2.51-4.0 dwelling units per acre. This request lies on 5.3
acres fronting approximately 600 feet on the south line of
-"
07-994
10/24/07
Beulah Road approximately 450 feet east of Meadowburm Drive.
Tax IDs 784-680-5166 and 7084.
Mr. Turner presented a summary of Case 08SN0104 and stated
the Planning Commission and staff recommended approval,
subject to conditions and acceptance of the proffered
conditions.
-
In response to Mr. Miller's question, Mr. Turner clarified
that the school would only be in conjunction with the church
use.
Mr. Andy Rist, representing the applicant,
recommendation is acceptable.
stated the
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. Miller, seconded by Mr. King, the Board
approved Case 08SN0104, subject to the following conditions:
1. The operation of the private school use shall be in
conjunction with a church use on the property. (P)
2. Except where the requirements of the underlying
Agricultural (A) zoning are more restrictive, any new
development for the school use 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 adj acent
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
activities have on adj acent properties equivalent
to the 100 foot setback/landscaping requirements
described in Condition 3.a.
--
c.
Any playground areas (swings,
similar such facilities) shall
jungle
be set
gyms
back
or
a
07-995
10/24/07
overhead) ( "Work"). Before any Work is performed,
the Applicant shall receive prior written approval
by the Transportation Department for the
Improvements and any credit amount.
d.
Cash proffer payments
purposes proffered or
law. (B&M)
shall be spent for
as otherwise permitted
the
by
4. Dedication.
-
In conjunction with recordation of the initial
subdivision plat, prior to any site plan approval or
within sixty (60) days from the date of a written
request by the Transportation Department, whichever
occurs first, thirty-five (35) feet of right-of-way on
the south side of Graves Road, measured from the
centerline of that part of Graves Road immediately
adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
5.
Vehicular Access. Direct vehicular access
property to Graves Road shall be limited to
public road. The exact location of this access
approved by the Transportation Department. (T)
f rom the
one ( 1 )
shall be
6. Road Improvements.
The developer shall provide the following road
improvements with initial development of the property:
A)
Construct additional pavement along Graves Road at
the approved access to provide left and right turn
lanes.
--/
B) Dedicate to Chesterfield County, free and
unrestrictE~d, any additional right-of-way (or
easements) required for the road improvements
identified in this Proffered Condition. In the
event the developer is unable to acquire the "off-
site" right-of-way necessary for these road
improvements, the developer may request, in
writing, the county to acquire such right-of-way as
a public road improvement. lUI costs associated
with the acquisition of the right-of-way shall be
borne by the developer. In the event the county
chooses not to assist the developer in acquisition
of the "off-site" right-of-way, the developer shall
be relieved of the obligation to acquire the "off-
site" right-of-way, and shall only provide the road
improvements that can be accommodated within
available right-of -way, as determined by the
Transportation Department. (T)
--"
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
08SNOl13
In Clover Hill Magisterial
rezoning and. amendment of
DistIicL, JEMI s.
zoning district
HODGE requests
map from Light
07-998
10/24/07
_"",~",.*__~"""""^""",_,___'W~.,_,...~~,,.T".,=_W__"~".',.~-..,,"'.""
- 11
Industrial (I-I) to General Business (C-5). The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for light industrial use. This
request lies on 1.4 acres and is known as 10910 Southlake
Court. Tax ID 744-708-0657.
Mr. Turner presented a summary of Case 08SNOl13 and stated
the Planning Commission and staff recommended approval.
-
Ms. Jemi Hodge stated the recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. Warren, seconded by Mr. Sowder, the Board
approved Case 08SNOl13.
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
08SN0130
In Matoaca Magisterial District, CHESTERFIELD COUNTY BOARD OF
SUPERVISORS requests Conditional Use 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 mixed use corridor use and residential use of 2.0 units
per acre or less. This request lies in an Agricultural (A)
District on 87.2 acres fronting approximately 450 feet on the
north line of Cosby Road approximately 620 feet west of Fox
Club Parkway; also fronting in two (2) places approximately
1,760 feet on the west line of Fox Club Parkway approximately
600 feet north of Cosby road. Tax ID 714-672-8571.
Mr. Turner presented a summary of Case 08SN0130 and stated
the Planning Commission and staff recommended approval,
subject to one condition. He noted that he has served as the
Board's agent on this request.
Mr. Miller called for public comment.
No one came to speak on the request.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved Case 08SN0130, subject to the following condition:
In addition to Ordinance
controlled, variable message,
to the following standards:
requirements, any computer-
electronic sign shall conform
a. Copy shall be limited to a maximum of two (2) lines
which shall not move, but may fade;
b. The message or display shall be programmed or
sequenced to change no more than once every twenty-
four (24) hours;
07-999
10/24/07
c. The copy display color shall either be white or
yellow;
d.
Flashing and
prohibited; and
traveling
messages
shall
be
e. Bijou lighting and animations effects shall be
prohibited. (P)
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
-
07SN0157
In Matoaca Magisterial District, OTTERDALE VENTURE, LLC
requests rezoning and amendment of zoning district map from
Agricultural (A) and General Business (C-5) to Community
Business (C-3) of 107 acres with Conditional Use to permit
multifamily residential use and an above-ground utility
structure (water storage tank) and to Residential Townhouse
(R-TH) of seventy-one (71) acres 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. Thl~ Comprehensive Plan
suggests the property is appropriate for community mixed use
and residential use of 2.0 units per acre or less. This
request lies on 178.0 acres fronting approximately 1,500 feet
on the north line of Hull Street Road, also fronting in two
(2) places for a total of approximately 3,500 feet on the
west line of Otterdale Road and located in the northwest
quadrant of the intersection of these roads. Tax ID 710-670-
5596. -
Ms. Jane Peterson stated on October 23, 2007, the applicant
submitted revised and new proffered conditions addressing the
water quality goals of the recently adopted Upper Swift Creek
Plan and limited development density consistent with the
traffic impact analysis. She further :stated the proposed
development would not only have a significant impact on the
roads adjacent to, and in the immediate vicinity of, the
site; but would also have a dramatic impact on the
surrounding road network. She stated the proffered conditions
would require minimal road improvements, such as turn lanes,
traffic signalization, and some road widening, and are
significantly inadequate in addressing the impact of such a
large development.
Mr. Jim Theobold, representing the applicant, stated 107 of
the 178 acres included in this request will be used for a
lifestyle center i approximately 71 acres for owner-occupied
town homes or single-family detached cluster development,
with the possibility of a few acres of nE~ighborhood retail in
the corner of the property. He further stated approximately
7.2 acres of this site is already zoned, unrestricted C-5.
He stated the site is very strategically located at the
northwest corner of Otterdale Road and. Route 360 between
development to the east and Magnolia Green to the west
indicating that the development will provide the potential
missing link for infrastructure, including the extension of
water lines from Fox Club Parkway. HE~ further stated the
applicant has agreed to dedicate a county water tank site,
provide road improvements along Route 360 in front of the
-
07-1000
10/24/07
.-
subject property, as well as provide 2700 additional linear
feet of pavement along Route 360 for a third lane from the
subject property to Fox Club Parkway plus an additional 800
feet to the west. He stated the applicant has agreed to
construct an east-west connector that will ultimately connect
with Magnolia Green. He continued to provide details of the
various proffered conditions. He stated the amended Upper
Swift Creek Plan suggests that regional mixed-use development
is appropriate at this most significant intersection. He
further stated since the Planning Commission considered this
request, the land use plan has been amended; the new water
quality language has been adopted; and the applicant has
submitted additional proffered conditions. He provided
details of the road improvements proposed by the applicant
and requested the Board's approval of the proposed
development.
Ms. Shirley Dillar stated she thinks this is a wonderful
plan, but is concerned about the water quality issues.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
suspended its rule to allow for the additional and amended
proffered conditions.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
-
Mr. McCracken stated he does not support the request and
would like to see the building permits restricted until the
road improvements are completed. He further stated he does
not think the 900,000 square foot retail site should be
developed on Otterdale and Woolridge Roads until the
necessary road improvements are in place.
In response to Mr. Miller's question, Mr. McCracken stated
the proposed development would generate approximately 29,000
vehicles a day with huge impacts on the area. He further
stated an eastbound lane plus additional lanes east and west
of this site are necessary to handle the traffic. He stated
he does not believe it would be wise for the county to
approve a development that will result in congestion similar
to that that occurs on a city street.
In response to Mr. Sowder's
the proposed development
Chesterfield Towne Center.
question, Mr.
is similar
McCracken stated
ln size to the
-
In response to Mr. Sowder's question, Mr. Phelps stated sites
have been identified within Magnolia Green for a water tank,
but the more suitable location is on the Otterdale Venture
property. He further stated if the case is not approved,
staff will be looking for a water tower site in Magnolia
Green. He stated the water line along Route 360 is probably
already under design by Magnolia Green and will most likely
be constructed regardless of whether or not this case is
approved.
In response to Mr. Miller's question, Ms. Peterson stated
transportation is the only remaining issue.
In response to Mrs. Humphrey's questions, Mr. Theobo1d stated
the applicant is requesting to keep the existing median in
front of the Bailey parcel and will put a traffic signal
07-1001
10/24/07
there. He further stated the applicant's consultant believes
that adding pavement on westbound lanes would benefit the
subject property. He stated the county will require
improvements to Woolridge and Ot terdale Roads, and if this
case is approved, a mile of an additional through lane will
be constructed along Route 360.
Mrs. Humphrey stated there is no doubt the county would like
the Magnolia Green CDA and roads in place.
Discussion ensued relative to the timeframe for construction -
of road improvements as a result of the Ma.gnolia Green CDA.
Mrs. Humphrey stated the applicant has a~3'reed to substantial
improvements on Hull Street, and she believes that this is a
worthy alternative if the CDA has not improved Otterdale
Road, then Hull Street has been improved to the point of
being acceptable to this piece of property. She further
stated the turning lanes are more critical for east bound
traffic to access either Otterdale Road or this site; however
VDOT designs it, noting that she is comfortable with what the
applicant is proposing to do.
Mr. Warren stated the Planning Commission and staff are not
comfortable with this because it does not meet transportation
needs, indicating that he will not support the case in its
current form.
Mr. Sowder stated he is concerned with the maj or traffic
issues pointed out by Mr. McCracken and could not support the
request in its current form.
In response to Mr. King's question, ~[r. McCracken stated
there is no difference in the approach staff took with this
case and with the Branner Station case. He further stated
staff looked at the traffic impacts and determined the
infrastructure needed to address those irrpacts.
-
Mr. Miller stated, although the
feels the developer and staff
transportation issues.
case has great potential, he
should meet to discuss the
Mrs. Humphrey stated she will agree to a 30-day deferral if
Transportation staff will work towards a compromise on the
remaining issues.
In response to Mr. King's questions, ~1r. McCracken stated
staff has asked the developer to widen Route 360 as they move
forward. He further stated staff has been consistent with
getting those improvements in the corridor.
In response to Mr. Miller's question, Ivlr. McCracken stated
there is no question that this project alone justifies the
addition of another lane on Route 360.
-
In response to Mr. Warren's question, Mr. McCracken stated,
if the applicant will not agree to provide the
infrastructure, then staff will not recommend approval of the
request. He further stated staff will do its best during the
next thirty days, but that the applicant is going to have to
be willing to compromise as well.
07-1002
10/24/07
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
deferred Case 08SN0130 until November 28, 2007.
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
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 presented a summary of Case 04SN0224 and
stated the Planning Commission unanimously recommended
denial, indicating concerns with water quality, lack of
infrastructure, and health safety and welfare. She further
stated since the Commission'S consideration of the request,
an amendment to the Upper Swift Creek Plan has been adopted.
She stated staff recommended approval and acceptance of the
proffered conditions, subject to the applicant addressing the
goals of the Upper Swift Creek Plan regarding water quality
in the watershed.
.~
Ms. Carrie Coyner, representing the applicant, stated the
proposed development complies with the Upper Swift Creek
Plan, which suggests that the property is appropriate for
residential development. She further stated Environmental
Engineering did not find any existing or anticipated on-or
off-site drainage or erosion issues as a result of the
proposed development. She requested the Board's approval of
the case.
Mr. Miller called for public comment.
Ms. Shirley Dillar requested that the Board defer the case
until a later date so that additional work can be done.
Mr. Ted Lusch stated the Board should consider water
quantity, as well as quality. He urged the Board to support
the Planning Commission and deny this request.
Ms. Kitty Snow expressed concerns relative to the
unavailability of utilities in the far western part of the
county. She referenced a conversation with Mr. Randy Phelps
of the Utili ties Department and her understanding that Mr.
Phelps thought the Balsamo zoning case on Genito Road should
not have been approved. She stated citizens are not against
development, if it is done responsibly, safely, and with the
proper infrastructure in place.
Mr. Peter Martin stated the county needs to examine the water
quantity problem, particularly with the current drought
situation.
07-1003
10/24/07
There being no one else to speak to the request, the public
hearing was closed.
Ms. Coyner stated development would not occur until utilities
are extended, the water quality standards are met, and the
east/west arterial road is constructed.
On motion of Mrs. Humphrey, seconded by Ivlr. Sowder, the Board
suspended its rules to allow for the additional proffered
condition.
__c
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
In response to Mr. Warren's question, Mr. Phelps stated the
Utilities Department is continuing to look at the impacts of
development in this area. He further stated the Southwest
Corridor line is going to serve a large portion of this area,
as water lines are extended up through Magnolia Green towards
the north. In reference to the Balsamo zoning case on Genito
Road, he stated Utilities does have concerns with the Clover
Hill pressure zone being extended as far as has been. He
further stated the Balsamo case property was just barely able
to obtain adequate fire flows, and developers looking at
property further west on Genito Road ha.ve been told water
service cannot be extended from Genito Road, but must come
from the south. He stated, if the Utilities Department had
better understood the impact of development in the Clover
Hill pressure zone at the time the Balsamo zoning case was
under review, it would have taken the position that water
service for that development would have to come from the
south. He further stated this development would require
public water, which is now mandatory with approval of the
Upper Swift Creek Plan.
'....-'
Mr. King stated
county has more
growth.
Mr. Covington
than adequate
has informed
capacity to
him
take
tha t the
care of
In response to Mr. Sowder's question, ]\Ir. McCracken stated
staff has discussed with other landowners in the area
rebuilding of older roads or totally building new ones before
the development of this property takes place.
Mrs. Humphrey stated the applicant has met the commitments to
the public, and the proposal is consistent with the Upper
Swift Creek Plan.
Mrs. Humphrey then made a motion, seconded by Mr. King, for
the Board to approve Case 04SN0224 and a.ccept the proffered
conditions.
There was brief discussion relative to the eligibility of
this property for impact fees, should they be adopted.
..-'
Mr. Miller called for a vote on the motion of Mrs. Humphrey,
seconded by Nr. King, for the Board to approve Case 04SN0224
and accept the following proffered conditions:
The Owners-l~plicants 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, or
themselves and their successors or assigns, amend as follows
07-1004
10/24/07
their previously submitted proffers that the development of
the property is known as Chesterfield County Tax ID 695-695-
3122-00000, 695-697-8107-00000 and 696-695-7571-00000 (the
"Property") under consideration will be developed according
to the following conditions if, and only if, the rezoning
request for R-12 is granted. In the event the requested is
denied or approved with conditions not agreed to by the
Owners-Applicants, these proffers and conditions shall be
immediately null and void and of no further force 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. The public water and wastewater systems shall be used.
(U)
3. The applicant, subdivider, or assignee(s) shall pay the
following to the County of Chesterf ield prior to the
issuance of each building permit for infrastructure
improvements wi thin the service district for the
property:
A. The amount approved by the Board of Supervisors not
to exceed $11,500 per dwelling unit adjusted upward
by any increase in the Marshall and Swift building
cost index between July 1, 2005, and July 1 of the
fiscal year in which the payment is made if paid
after June 30, 2006.
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 subdivider, or assignee(s) shall pay $5,
991 per dwelling unit as adjusted upward by any
increase in the Marshall and Swift Building Cost
Index between July 1, 2005 and July 1 of the fiscal
year in which the payment is made if paid after
June 30, 2006. At the time of payment, the $5991
will be allocated pro-rata among the facility costs
as follows: $786 for parks and recreation, $402
for library facilities, $4,380 for roads, and $423
for fire stations. Payments in excess of $5,991
shall be prorated as set forth above.
C. Cash proffer paYments shall be spent for the
purposes proffered or otherwise permitted by law.
,~
D.
If, upon the mutual agreement of the Transportation
Department and the Applicant, the Applicant
provides road improvements, (the "Improvements"),
then the transportation component in this Proffered
Condi tion shall be reduced by an amount not to
exceed the cost to construct the Improvements so
long as the cost is of equal or greater value than
that which would have been collected through the
payment(s) of the road component of the cash
proffer as determined by the Transportation
07-1005
10/24/07
Department. Once the sum total amount of the cash
proffer credit exceeds the cost of the
Improvements, as determined by the Transportation
Department, thereafter the Applicant shall commence
paying the cash proffer as set forth in this
Proffered Condition as adjusted for the credit.
For the purposes of this pro:E:fer, the costs, as
approved by the Transportation Department, shall
include, but not be limited to, the cost of right-
of-way acquisition, engineering costs, costs of
relocating utilities and actual costs of
construction (including labor, materials f and
overhead) ("Work"). Before any Work is performed,
the Applicant shall receive prior written approval
by the Transportation Department for the
Improvements and any credit amount.
--...-/
4. Phasing. No lots shall be recorded until January 1,
2007. Thereafter, a maximum of 100 lots may be recorded
prior to January 1, 2008, a cumulative maximum of 200
lots may be recorded prior to January 1, 2009, with the
remaining lots recorded after said January 1, 2009. (p)
5.
In conjunction with recordation of the initial
subdivision plat and prior to the
dedication/recordation of the easement described in
Proffered Condition 12, a ninety (90) foot wide right-
of -way for an east/west maj or arterial (the "East/West
Arterial") from the eastern Property line to the western
Property line shall be dedicated, free and unrestricted,
to and for the benefit Chesterfield County. The exact
location of this right-of-way shall be approved by the
Transportation Department. (T)
.-'
6. No direct access shall be provided :Erom the Property to
Lacy Farm Road. (T)
7. Prior to any tentative subdivision approval, an access
plan for the East/West Arterial shall be submitted to
and approved by the Transportation Department. Access
for the property shall conform to the approved access
plan. (T)
8. To provide an adequate roadway system, the developer
shall be responsible for the following improvements:
a. Construction of two (2) lanes of the East/West
Arterial to VDOT Urban Minor Arterial standards (50
MPH) with modifications approved by the
Transportation Department, from the eastern
property line to the western property line;
b.
construction of left
East/West Arterial
warranted, based
standards;
and right turn lanes along the
at each approved access, if
on Transportation Department
--
c. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
in Proffered Condition 8. (T)
07-1006
10/24/07
9. Prior to any subdivision construction plan approval, a
phasing plan for the required improvements, as
identified in Proffered Condition 8, shall be submitted
to and approved by the Transportation Department. (T)
10. Density. Development shall be limited to no more than
two (2) dwelling units per acre. (P)
-
11. Age Restriction. Except as otherwise prohibited by the
Virginia Fair Housing Law, the Federal Housing Law, and
such other applicable federal, state, or local legal
requirements, dwelling units may be restricted to
"housing for older persons" as defined in the Virginia
Fair Housing Law and shall have no persons under 19
years of age domiciled therein ("Age-Restricted Dwelling
Units"). Lots, Tracts, or Sub-Tracts for Age-Restricted
Dwelling Units shall be grouped together on a particular
portion of the Property and shall not be scattered among
other residential dwelling units. At the time of
recordation of a subdivision plat the lots shall be
noted as age-restricted. (P)
12.
13.
Ayes:
Nays:
The developer shall provide a trail along the length of
Marshall Branch. The exact length, width and treatment
of the trial shall be approved by the Parks and
Recreation Department. The trail may be dedicated to
the County, or a public access easement granted to the
County, or it may be owned and maintained by a
Homeowners' Association. (P&R)
Stormwater Management: The developer acknowledges that
if the water quality of the Swift Creek Reservoir has
reached a median level that exceeds .04 mg/l in-lake
phosphorus or otherwise degrades to an unacceptable
level, that the Director of Environmental Engineering
may recommend that the County adopt phosphorus loading
standards that are more restrictive than the standards
applicable as of October 10, 2007. To mitigate the
impact of this development on the water quality of the
Swift Creek Reservoir and the Upper Swift Creek
Watershed, and consistent with the County's duty to
exercise its police powers to protect the County's water
supply, the Developer and his assignees agree that the
phosphorus loading standards of the zoning ordinance
applicable to any undeveloped portion of the subj ect
property shall be those standards that are in effect at
the time of subdivision approval. All substantially
approvable construction plans in the Department of
Environmental Engineering that have complied with the
submittal criteria for review shall not be affected.
(EE)
Miller, Humphrey, King, Sowder and Warren.
None.
Mr. Miller requested a brief recess.
Reconvening:
07-1.007
10/24/07
05SN0235
In Midlothian Magisterial District, DOUGLAS R. SOWERS
requests rezoning and amendment of zoning district map from
Agricultural (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
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.
-'
Ms. Rogers presented a summary of Case 05SN0235 and stated
the Planning Commission recommended denial, expressing
concerns relative to water quality, lack of adequate
infrastructure, and health safety and welfare. She noted
that, since the Commission's consideration of the request, an
amendment to the Upper Swift Creek Plan has been adopted. She
stated staff recommended approval and acceptance of the
proffered conditions, subject to the applicant addressing the
goals of the Upper Swift Creek Plan regarding water quality.
Mr. Jim Theobold, representing the applicant, stated the
applicant has agreed to provide water and sewer, which is now
part of the county's ordinance. He further stated the
applicant has addressed all of staff's concerns and requested
the Board's approval of the proposed development.
Mr. Miller called for public comment.
Mr. Steve Conte requested that the Board look at the overall
nature of this area. He stated water and sewer are a great
distance from the subj ect property, and in order for this
case to be feasible, the roads would have to be widened. He
further stated the county must deal with the present and not
the future and suggested that the Board wait and let future
Boards decide on this case.
~
Ms. Kitty Snow stated water for this case would come from
Physic Hill down Hull Street to Skinquarter and back to
County Line Road. She further stated another case requires
that County Line Road and Mount Hermon Road be widened and
made safe prior to the start of this development. She stated
this case is premature and requested that: the Board deny it.
No one else came forward to speak to the request.
In response to Mr. Sowder's question, Mr. Phelps stated that
in a conversation with Ms. Snow, they ha.d talked about water
needing to be extended from the south to serve the zoning
case on Lacy Farm Road, and he had misunderstood which
property she was referring to. He further stated that water
for the subject site would be extended from the north, from
existing lines along Route 60 and Old Hundred Road.
-'
Mr. Sowder stated he agrees with the widening of Lacy Farm
Road and is pleased that staff is recommending approval.
In response to Mr. Warren's question, Ms. Rogers stated staff
recommended approval of Case 05SN0235 as well as this case
based upon recent actions on the Upper Swift Creek Plan.
07-1008
10/24/07
Mr. Theobold stated there was a period when
denial based on the proposed Upper Swift
staff now recommends approval.
staff recommended
Creek Plan; but
On motion of Mr. Sowder, seconded by Mrs. Humphrey, the Board
suspended its rules to allow for acceptance of the amended
proffered conditions.
.....
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
Mr. Sowder stated the applicant has made improvements and has
agreed to not begin development before 2009.
Mr. Sowder then made a motion, seconded by Mrs. Humphrey, for
the Board to approve Case 05SN0235 and accept the following
proffered conditions:
The Owners-Applicants in this zoning case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended)
and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the
development of the property known as Chesterfield County Tax
ID 702-700-5944 (the "Property") under consideration will be
developed according to the following conditions if, and only
if, the rezoning request for R-12 as set forth in the
application filed herewith is granted. In the event the
request is denied or approved with conditions not agreed to
by the Owners-Applicants, these proffers and conditions shall
be immediately null and void and of no further force or
effect.
1. Environmental.
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.
Utilities.
used. (U)
Public water and wastewater systems shall be
3. Impacts on Capital Facilities. In addition to the
Transportation Contribution described in Proffered
Condition 4, the applicant, subdivider, or assignee(s)
(the "Applicant") shall pay the following to the County
of Chesterfield (the "County"), prior to the issuance of
a building permit, for infrastructure improvements
within the service district for the property:
a. If paYment is made prior to July 1, 2007, $6,685.00
per dwelling unit. At time of payment $6,685.00
will be allocated pro-rata among the facility costs
as follows: $602.00 for parks and recreation,
$348.00 for library facilities, $5,331.00 for
schools, and $404.00 for fire stations; or
b. If paYment is made after June 30, 2007, the amount
approved by the Board of Supervisors not to exceed
$6,685.00 per dwelling unit pro-rated as set forth
07-1009
10/24/07
in Proffered Condition 3. a. above 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.
c.
Cash proffer payments
purposes proffered or
law.
shall be spent for the
as othE=rwise permitted by
d.
Should any impact fees be imposed by the County at
any time during the life of the development that
are applicable to the Property, the amount paid in
cash proffers shall be in lieu of or credited
toward, but not be in addition to, any impact fees,
in a manner as determined by the County. (B&M)
4. Transportation Contribution. The Applicant shall pay to
the County prior to recordation of each subdivision
section, the amount of $8,915.00 multiplied by the total
number of lots on each of the approved final check
plats. If these amounts are paid after June 30, 2007,
the amount paid shall be adjusted upward by any Board of
Supervisors' approved increase in the Marshall and Swift
Building Cost Index between July 1, 2006 and July 1 of
the fiscal year in which the payment is made. The
payment shall be used for roa.d improvements in
accordance with the Board's Cash Proffer Policy.
If, upon the mutual agreement of the Transportation
Department and the Applicant, the Applicant provides
road improvements (the "Improvements"), other than those
road improvements identified in Proffered Condition 7,
then the Transportation Contribution in this Proffered
Condition shall be reduced by an amount not to exceed
the cost to construct the Improvements as determined by
the Transportation Department. Thereafter, the Applicant
shall pay the balance of the Transportation Contribution
as set forth in this Proffered Condition. For the
purposes of this Proffered Condition, the costs, as
approved by the Transportation Department, shall
include, but not be limited to, the cost of right-of-way
acquisition, engineering costs, costs of relocating
utilities and actual costs of con:struction (including
labor, materials, and overhead) ("Work"). Before any
Work is performed, the Applicant shall receive prior
written approval by the Transporta.tion Department for
any credit. (T and B&M)
5. Density. The total number of single family residential
units shall not exceed two (2) units per acre. (P)
6 .
Right-of-Way Dedication. In conjunction with
recordation of the initial subdivi:::ion plat, or within
sixty (60) days from a written request by the
Transportation Department, whichever occurs first,
forty-five (45) feet of right-of-way along the west side
of County Line Road, measured from the centerline of
that pa:t:'t of County Line Road immediately adj acent to
the Property, shall be dedicated, free and unrestricted,
to and for the benefit of the County. (T)
07-1010
10/24/07
--
....--
--,'
7.
Road Improvements.
system, the developer
following improvements:
To provide
shall be
an adequate
responsible
roadway
for the
a. Construction of additional pavement along County
Line Road at each approved access to provided left
and right turn lanes, if warranted, based on
Transportation Department standards.
b. Widening/improving the west side of County Line
Road to an eleven (11) foot wide travel lane,
measured from the centerline of the road, with an
additional one (1) foot wide paved shoulder plus a
seven (7) foot wide unpaved shoulder and overlaying
the full width of the road with one and one half
(1.5) inches of compacted bituminous asphalt
concrete, with modifications approved by the
Transportation Department, for the entire Property
frontage.
c. Dedication to the County, free and unrestricted, of
any additional right-of-way (or easements) required
for the improvements identified above. In the event
the developer is unable to acquire the "off-site"
right-of-way that is necessary for the road
improvements described in Proffered Condition 7.a.,
the developer may request, in writing, that the
County acquire such right-of-way as a public road
improvement. All costs associated with the
acquisition of the right-of -way shall be borne by
the developer. In the event the County chooses not
to assist the developer in acquisition of the "off-
site" right-of-way, the developer shall be relieved
of the obligation to acquire the "off-site" right-
of-way and shall provide the road improvements
within available right-of-way as determined by the
Transportation Department. (T)
8. Road Improvement Phasing Plan. Prior to any
construction plan approval, a phasing plan for the
required road improvements, as identified in Proffered
Condition 7 shall be submitted to and approved by the
Transportation Department. (T)
9. Access. Direct access from the Property to County Line
Road shall be limited to two (2) public roads. The
exact location of these accesses shall be approved by
the Transportation Department. (T)
-
10. Phasing. Prior to recordation of the initial
subdivision plat, County Line Road from Midlothian
Turnpike (Route 60) to the southern property line shall
be reconstructed to be twenty-two (22) feet wide to
accomplish two (2) travel lanes with one (1) foot wide
paved shoulders on each side plus seven (7) foot wide
unpaved shoulders, as determined by, and with
modifications approved by, the Transportation
Department. Furthermore, no lots shall be recorded
prior to January 1, 2009, and no more than ninety (90)
lots shall be recorded prior to January 1, 2010. (T)
11. Stormwater Management. The developer acknowledges that
if the water quality of the Swift Creek Reservoir has
07-1.01.1
10/24/07
reached a median level that exceeds .04 mg/l in-lake
phosphorus or otherwise degrades to an unacceptable
level, that the Director of Environmental Engineering
may recommend that the County adopt phosphorus loading
standards that are more restrictivE! than the standards
applicable as of October 10, 2007. To mitigate the
impact of this development on the water quality of the
Swift Creek Reservoir and the Upper Swift Creek
Watershed, and consistent with the County's duty to
exercise its police powers to protect the County's water
supply, the Developer and his assi53nees agree that the
phosphorus loading standards of the zoning ordinance
applicable to any undeveloped portion of the subj ect
property shall be those standards that are in effect at
the time of subdivision approval. All substantially
approvable construction plans in the Department of
Environmental Engineering that have complied with the
submittal criteria for review shall not be affected.
(EE)
....-'.
Ayes:
Nays:
Miller, Humphrey, King, Sowder and. Warren.
None.
06SN0256
In Dale Magisterial District, HENRY E. MYERS, JR. (GENERAL
PARTNER OF MYERS FAMILY PARTNERSHIP) requests rezoning and
amendment of zoning district map from Agricultural (A) to
Corporate 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 a.pproximately 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.
---..
Ms. Rogers presented a summary of Case 06SN0256 and stated
the Planning Commission recommended denial, expressing
concerns relative to traffic and how it would impact area
roads. She stated the Commission recommended denial. She
further stated, at the request of Mr. M.:iller, the applicant
submitted a proffered condition, which would restrict
development to a maximum of 20,000 gross square feet of
building area, until access other than by Frith Lane or Lori
Road are provided. She further stated staff received an
additional proffered condition, which limits development to
office uses. She stated staff recommends approval and
acceptance of the proffered conditions, indicating that the
proposed zoning and land uses conform to the Central Area
Plan and are representative of, and compa.tible with, existing
and anticipated area development.
.-'
Mr. Ben Myers, representing the applicant, stated staff's
recommendation is acceptable.
Mr. Miller called for public comment.
Mr. John Cosrbill, representing Ms. Ruby Smith, stated Ms.
Smith neither opposes nor supports this, but the Board should
take into consideration the location of her residence.
07-1012
10/24/07
There being no one else to speak to the request, the public
hearing was closed.
Mr. Miller made a motion, seconded by Mrs. Humphrey, for the
Board to suspend its rules to allow for acceptance of the
amended proffered conditions.
There was brief discussion relative to the wetlands located
on the subject property.
On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board
approved Case 06SN0256 and accepted the following proffered
conditions:
1.
Public wastewater system shall be used.
(U)
2 .
Building permits shall not be issued on
gross square feet of building area with
Lori Road and/or Frith Lane. (P)
more than 20,000
access only to
3.
Uses on the property shall be limited to office uses
only. (P)
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
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
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, expressing
concerns relative to the impact of the development's traffic
on Winterpock Road. She further stated, since the
Commission's consideration of the request, an amendment to
the Upper Swift Creek Plan has been adopted. She stated
staff recommended approval and acceptance of the proffered
conditions, subject to the applicant addressing the goals of
the Upper Swift Creek Plan regarding water quality.
Ms. Carrie Coyner, representing the applicant, requested the
Board's approval of the proposed rezoning, indicating that
Mr. Warren requested that this case not be considered until
after the Upper Swift Creek Plan was approved.
Mr. Warren s ta ted Ms.
that exceeds what the
Creek Plan.
Coyner has accepted a water standard
Board approved for the Upper Swift
Mr. Miller called for public comment.
07-1013
10/24/07
Mr. Lee Hopper expressed concern relative to building 25 new
homes next to single-family homes, i.ndicating that the
subject property will add little economic value to the
county. He requested that the Board deny this rezoning.
Mr. Duncan Beazley, representing area landowners, stated his
property is part of a historical district of Chesterfield.
He further stated if multiple homes are built adjacent to his
property, there will be significant road issues. He
expressed concerns that he could lose his well as a result of
road improvements. He stated this proposal is not in the
best interest of the public.
--
There being no one else to speak to the request, the public
hearing was closed.
Ms. Carrie Coyner stated the sight distance issue must be
addressed before VDOT will allow access to the subject
property. She further stated the issues and concerns have
been addressed and requested the Board's approval.
Mrs. Humphrey stated
transportation issues
will require setbacks
VDOT will determine
requirements.
area residents are concerned about
and noted that thl:~ Corps of Engineers
from the stream. She further stated
turning lane needs and access
In response to Mr. King's question, Mr. McCracken stated the
developer would be responsible for damac:res that might occur
to Mr. Beazley's well as a result of road construction.
In response to Mr. King's question, Ms. Coyner stated she did
not have Mr. Beazley's name on her list of adjacent property
owners. She further stated she contacted everyone on the
list provided by county staff.
'-
Mr. Micas stated the law specifically requires notification
to adjacent property owners.
On motion of Mrs. Humphrey, seconded by ~1r. Miller, the Board
suspended the rules on Case 07SN0134 to allow for acceptance
of the amended proffered conditions.
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
On motion of Mrs. Humphrey, seconded by ~1r. Miller, the Board
approved Case 07SN0314 and accepted the following proffered
conditions:
The Owner-Applicant in this zoning case, pursuant to Section
15.2-2298 of the Code of Virginia (1950 as amended) and the
Zoning Ordinance of Chesterfield County, for themselves and
their successors or assigns, proffer tha.t the development of
the property known as Chesterfield County Tax ID 721-662- _
1358-00000 (the "Property") under consideration will be
developed according to the attached Textual Statement and the
following conditions if, and only if, the rezoning requests
for R-12 as set forth in the above heading and the
application filed herein is granted. In the event the request
is denied or approved wi th conditions not agreed to by the
Owner-Applicant, these proffers and conditions shall be
immediately null and void and of no further force or effect.
07-1014
10/24/07
1. Timbering. Except for the timbering approved by the
Virginia State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance
permi t has been obtained from the Environmental
Engineering Department and the approved erosion devices
have been installed. (EE)
2. Utilities.
(a) Public water and wastewater shall be used.
(b) Prior to the issuance of a building permit for each
tentative subdivision plat approved for the
property, the developer shall make payment to
Chesterfield County in the amount of $200.00 per
acre (not to exceed an aggregate paYment of
$5,520.00 based upon a total of 27.6 acres) as a
contribution toward the expansion of the Dry Creek
Wastewater Pump Station. (U)
3. Cash Proffer. The applicant, subdivider, or assignee(s)
(the "Applicant") shall pay the following to the County
of Chesterfield prior to the issuance of a building
permit for each dwelling unit for infrastructure
improvements within the service district for the
property:
-
a.
$15,600 per dwelling unit if paid prior to July
2007. At the time of payment, the $15,600 will
allocated pro-rata among the facility costs
follows: $5,331 for schools, $602 for parks
recreation, $348 for library facilities, $8,915
roads, and $404 for fire stations; or
1,
be
as
and
for
b. The amount approved by the Board of Supervisors not
to exceed $15,600 per dwelling unit prorated as set
forth above and adjusted upward by any increase in
the Marshall and Swift Building Cost Index between
July 1, 2006 and July 1 of the fiscal year in
which the payment is made if paid after June 30,
2007.
c.
If, upon the mutual agreement of the Transportation
Department and the Applicant, the Applicant
provides road improvements (the "Improvements"),
other than the improvements identified in proffered
condi tion 4 as set forth below, then the
transportation component in this Proffered
Condi tion shall be reduced by an amount not to
exceed the cost to construct the Improvements so
long as the cost is of equal or greater value than
that which would have been collected through the
payment(s) of the road component of the cash
proffer as determined by the Transportation
Department. Once the sum total amount of the cash
proffer credit exceeds the cost of the
Improvements, as determined by the Transportation
Department, thereafter the Applicant shall commence
paying the cash proffer as set forth in this
Proffered Condition as adjusted for the credit.
07-1015
10/24/07
For the purposes of this proffer, the costs, as
approved by the Transportation Department, shall
include, but not be limited to, the cost of right-
of-way acquisition, engineering costs, costs of
relocating utilities and actual costs of
construction (including labor, materials, and
overhead) ("Work"). Before any Work is performed,
the Applicant shall receive prior written approval
by the Transportation Department for the
Improvements and any credit amount.
--
d.
Cash proffer payments
purposes proffered or
laW". (B&M)
shall be spent for
as otherwise permitted
the
by
4. Transportation.
a. In conjunction with the recordation of the initial
subdivision plat or within ninety (90) days of a
written request by the County, whichever occurs
first, sixty (60) feet of right-of-way on the west
side of Winterpock Road, measured from the
centerline of that part of Winterpock Road
immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the
benefit of Chesterfield County.
b.
Direct vehicular access from
Winterpock Road shall be limited
road. The exact location of this
be approved by the Transportation
the property to
to one (1) public
public road shall
Department.
,-
c. In conjunction with development of the initial
section, the developer shall be responsible for the
following improvements:
(i)
Construction
Winterpock
intersection
lanes; and,
of additional
Road a t the
to provide left
pavement
public
and right
along
road
turn
(ii) Widening/improving the west side of Winterpock
Road to an eleven (11) foot wide travel lane,
measured from the centerline of the road, with
an additional one (1) foot wide paved shoulder
plus a seven (7) foot wide unpaved shoulder,
and overlaying the full width of the road with
one and a half (1.5) inch of compacted
bituminous asphalt concrete, with any
modifications approved by the Transportation
Department, for the entire property frontage;
and,
--
(iii) Dedication, free and unrestricted, to and for
the benefit of Chesterfield County, of any
additional right-of-way (or easements)
required or these improvements. In the event
the developer is unable to acquire any "off
site" right-of-way that is necessary for any
improvement described in 4 (c), the developer
07-1016
10/24/07
Ayes:
Nays:
may request, in writing, that the County
acquire such right-of-way as a public road
improvement. All costs associated with the
acquisition of the right-of-way shall be borne
by the developer. In the event the County
chooses not to assist the developer in
acquisition of the "off-site" right-of-way,
the developer shall be relieved of the
obligation to acquire the "off-site" right-of-
way and shall provide the road improvements
within available right-of-way as determined by
the Transportation Department. (T)
5.
Density. The total number of residential dwelling units
on the Property shall not exceed 2.0 dwelling units per
acre. (P)
6.
Stormwater Management. The developer acknowledges that
if the water quality of the Swift Creek Reservoir has
reached a median level that exceeds .04 mg/l in-lake
phosphorus or otherwise degrades to an unacceptable
level, that the Director of Environmental Engineering
may recommend that the County adopt phosphorus loading
standards that are more restrictive than the standards
applicable as of October 10, 2007. To mitigate the
impact of this development on the water quality of the
Swift Creek Reservoir and the Upper Swift Creek
Watershed, and consistent with the County's duty to
exercise its police powers to protect the County's water
supply, the Developer and his assignees agree that the
phosphorus loading standards of the zoning ordinance
applicable to any undeveloped portion of the subj ect
property shall be those standards that are in effect at
the time of subdivision approval. All substantially
approvable construction plans in the Department of
Environmental Engineering that have complied with the
submittal criteria for review shall not be affected.
(EE)
Miller, Humphrey, King, Sowder and Warren.
None.
07SN0365
In Clover Hill Magisterial District, AMBERLEIGH LLC requests
rezoning and amendment of zoning district map from
Residential Townhouse (R-TH) to Residential Townhouse (RT-H)
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 mixed use corridor use. This request lies on
17.7 acres fronting approximately 770 feet on the north line
of Hull Street Road at its intersection with Ladino Road.
Tax IDs 751-687-3263, 6434 and 6883.
Ms. Rogers presented a summary of Case 07SN0365 and stated
the Planning Commission recommended approval and acceptance
of the proffered conditions. She further stated staff
recommended denial, indicating that the proposed commercial
uses fail to comply with the Route 60 Corridor Plan and the
07-1017
10/24/07
proposal fails to provide an adequate transition between the
residential and commercial areas.
Mr. Andy Scherzer, representing the
Amberleigh is a wonderful development,
extensively with staff and neighbors to
approval of t.his request.
applicant, stated
and he has worked
obtain the Board's
Mr. Miller called for public comment.
Mr. Jim Trent stated the proposal :Ls an extension of
Amberleigh and requested the Board's approval.
.-./
Mr. Herman Baumgart stated Amberleigh is a well-planned
neighborhood and urged the Board to approve the extension of
Amberleigh.
There being no one else to speak to the request, the public
hearing was closed.
On the motion of Mr.
Board approved Case
proffered conditions:
Warren, seconded by Mrs.
07SN0365 and accepted
Humphrey, the
the following
1. Master Plan. In addition to the following conditions,
the Conceptual Plan prepared by Balzer and Associates,
Inc., dated May 14, 2007 and revised July 21, 2007,
entitled "Amberleigh Section 4 Conceptual Plan," and the
Textual Statement dated May 14, 2007 and revised August
10, 2007, shall be considered the Master Plan. (P)
2.
The public water and wastewater systems shall be used.
(U)
--
3. Cash Proffer. The applicant, subdivider, or assignee(s)
shall pay the followingl for infrastructure improvements
within the service district for the property, to the
county of Chesterfield prior to the issuance of building
permit:
A. $15,600.00 per dwelling unit, if paid prior to July
1, 2007; or
B. If paid after June 30, 2007, the amount approved by
the Board of Supervisors not to exceed $15,600.00
per dwelling unit adjusted upward by any increase
in the Marshall and Swift Building Cost Index
between July 1, 2006, and July 1 of the fiscal year
in which the payment is made.
C.
Cash proffer payments
purposes proffered or
law.
shall be spent for
as otherwi se permi t ted
the
by
--
D. Should any impact fees be imposed by the County of
Chesterfield at any time during the life of the
development that are applicable to the property,
the amount paid in cash proffers shall be in lieu
of or credited toward, but not be in addition to,
any impact fees, in a manner determined by the
County. (B&M)
07-1018
10/24/07
4. Timbering Restriction. Except for timbering approved by
the Virginia State Department of Forestry for the
purpose of removing dead or diseased trees, there shall
be no timbering on the Property until a land disturbance
permi t has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. (EE)
5.
Drainage. All portions of the developed proj ect area
that drain directly or indirectly to Gregory's Pond
shall not opt out of the Chesapeake Bay Act
requirements. In addition, to the extent practical,
drainage will be diverted away from Gregory's Pond. (EE)
-
6. Existing Pond. The existing pond will remain in place
and upgraded, if necessary, to meet current hydraulic
and structural standards. (EE)
7. Driveway Culvert. The developer proffers that the dam
will be retrofitted to store and release water, or do
offsite improvements or a combination of both such that
the 100 year storm does not over top the driveway to
GPIN #751-688-3743 or come within 5 feet horizontally of
the house on GPIN #751-688-7679. (EE)
8. Office/Commercial Building Size Restriction. Other than
one (1) single C-3 user (excluding any use permitted by
right or with restrictions in the 0-1 District) which
may not exceed 60,000 gross square feet, no other
individual C-3 user (excluding any use permitted by
right or with restriction in the 0-1 district) shall
exceed 20,000 gross square feet. Individual buildings
shall not exceed 15,000 gross square feet unless such
building is designed to incorporate a variety of off-
sets, other architectural variations or other features
so as to avoid monotonous facades and bulky masses. (P &
BI)
9. Recreation. The common area recreational amenities
shall not include playground equipment, play fields or
other facilities primarily associated with children's
play. Adult facilities including, but not limited to,
swimming pools, putting greens or shuffleboard shall be
permitted. (P)
10. Construction Activity. Until such time as the proj ect
is fully developed and all initial occupancy permits
have been granted, all exterior construction activity
shall be limited to between the hours of 6: 00 am and
9: 00 pm. This condition shall not preclude interior
construction activity once the structure is enclosed by
walls and a roof. (P)
11. Driveways.
( P)
All private driveways shall be hardscaped.
12. Garages. All homes shall have garages. Front loaded
garages shall be located no closer to the street than
the front facade of the dwelling unit. (p & BI)
13.
Access.
driveways
There shall be no direct vehicular access
from the property to Hull Street Road
or
or
07-1019
10/24/07
Ladino Lane, except that an emergency service access may
be allowed if approved by VDOT. (T & F)
14. Special Access Street. In conjunction with the
recordation of the initial subdivision plat, prior to
any site plan approval or within ninety (90) days of a
written request by the Transportation Department, which
ever comes first, a right of way through the property
for a special access street ("Amberdale Drive Extended")
shall be dedicated, free and unrestricted, to and for
the benefit of Chesterfield County. The exact location
and width of this right of way shall be approved by the
Transportation Department. Prior any site plan or to
tentative subdivision plan approval, an Access Plan for
Amberdale Drive Extended shall be submitted to and
approved by the Transportation Department. (T)
--
15. Transportation Improvements. The Developer shall be
responsible for the construction of two (2) lanes of
Amberdale Drive Extended through the property and
dedication of any additional right of way (or easements)
required for these improvements. Prior to any site plan
or construction plan approval a phasing plan for these
improvements shall be submitted to and approved by the
Transportation Department. (T)
16. Public Roads. All roads within the property that
accommodate general traffic circulation, as determined
by the Transportation Department, (not including alleys
or private parking areas) shall be designed and
constructed to VDOT standards and taken into the State
System. (T)
-
17. Residential Density. The density of the residential
portion of the property shall be limited to fifty (50)
dwelling units. (p)
18. Screening. A brick wall that separates the commercial
and residential areas shall be provided on the north
side of the Special Access right of way and shall be of
the same design and materials as the existing wall in
Amberleigh. The exact design, location and treatment
shall be approved at time of site plan and/or tentative
subdivision approval. (P)
19. Tentative Review. All tentative subdivision plans shall
be submitted for review and approval by the Planning
Commission. (P)
20. Non-Pond drainage. The developer shall design and
construct the subdivision such that water from
impervious surfaces flowing towards Tax ID # 751-688-
3743, that are areas that do not naturally drain to the
pond, shall be redirected, or detained such that it does
not exceed the pre-existing rate of the 10 year storm.
(EE)
-'
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
07-1020
10/24/07
07SN0375
In Bermuda Magisterial District, IRONBRIDGE CORNER, L.C.
requests rezoning and amendment of zoning district map from
Neighborhood Business (C-2) to Community Business (C-3) with
Conditional Use to permit multifamily residential uses plus
Conditional Use Planned Development to permit light
industrial uses and 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 community mixed use
uses. This request lies on 23.0 acres located in the
northeast quadrant of the intersection of Ironbridge Parkway
and Iron Bridge Road. Tax ID 774-656-6361.
Ms. Rogers presented a summary of Case 07SN0375 and stated
the Planning Commission recommended approval and acceptance
of the proffered conditions. She further stated staff
recommended approval, subj ect to the applicant fully
addressing the impacts of the proposed development on capital
facilities; the transportation concerns; and Police
Department concerns.
Mr. Miller excused himself from the meeting.
Ms. Carrie Coyner, representing the applicant, stated the
current zoning on the subject property permits elderly
housing along Route 10 with commercial and industrial uses
behind it. She further stated the applicant felt that the
homeowners of Arbor Landing would prefer residential uses
closer to them. She stated the proposal would move the
commercial users from the rear of the property and move the
elderly neighborhood closer to Arbor Landing.
Mrs. Humphrey called for public comment.
No one came forward to speak to the request.
Mr. Miller returned to the meeting.
Mr. King made a motion, seconded by Mr. Warren, for the Board
to approve Case 07SN0375 and accept the proffered conditions.
In response to Mr. Sowder's question,
the only traffic issue staff had was
accesses along Route 10.
Mr. McCracken stated
the spac ing of the
In response to Mr. Sowder's question, Ms. Coyner stated while
the Police Department has requested a proffered condition
relative to crime prevention, it is anticipated that crime
will not be an issue in an elderly housing project.
~
Mr. Sowder stated transportation, capital facilities, and
security are three concerns that have not been addressed by
the applicant.
On motion of Mr. King, seconded by Mr. Humphrey, the Board
approved Case 07SN0375 and accepted the following proffered
conditions:
The Owner-Applicant in this zoning case, pursuant to Section
15.2-2298 of the Code of Virginia (1950 as amended) and the
07-1021
10/24/07
Zoning Ordinance of Chesterfield County, for itself and its
successors or assigns, proffers that the development of the
property known as Chesterfield County Tax IDs 774-656-6361
from C-2 with CUPD to C-3 with a Conditional Use to permit
RMF and a CUPD to permit bulk exceptions, and subject to the
conditions and provisions of the Textual Statement 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 furth;:~r force or effect.
---
1. Master Plan. The Textual Statement last revised
September 24, 2007, and the Plan entitled, "TGM REALTY -
SCHEMATIC LAYOUT", prepared by Balzer, dated April 29,
2007, and last revised on September 17, 2007, shall be
considered the Master Plan. (P)
2. Timbering. Except for the timbering approved by the
Virginia State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance
permi t has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. (EE)
3. Transportation.
A.
Prior to any site plan approval, in conjunction
with recordation of the initial subdivision plat or
within ninety (90) days of a written request by the
Transportation Department, whichever occurs first,
one hundred (100) feet of riqht-of-way, measured
from the centerline of Route 10 immediately
adjacent to the property, shall be dedicated, free
and unrestricted, to and for the benefit of
Chesterfield County.
~
B. Direct vehicular access from the property to Route
10 shall be limited to two (2) entrances/exits.
C.
The developer
following:
shall
be
responsible
for
the
1. Construction of a separate right turn lane
along Route 10 at each the approved access,
2.
Construction of an adequate
along the southbound lanes of
existing crossover at Landfill
left turn lane
Route 10 at the
Drive, and
3.
Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way
(or easements) required for the improvements
identified above.
,-"
4. Construction of a sidewalk to VDOT standards
along Route 10 and Ironbridge Parkway for the
entire property frontage.
5. Prior to any site plan or construction plan
approval, whichever occurs first, a
phasing plan for the required road
improvements, as identified in Proffered
07-1022
10/24/07
Condition 32C. above, shall be submitted to
the Transportation Department. (T)
4. Utilities. Public water and wastewater systems shall be
used. (U)
5.
Age Restriction. Except as otherwise prohibited by the
Virginia Fair Housing Law, the Federal Fair Housing Act,
and such other applicable federal, state or local legal
requirements, dwelling units shall be restricted to
"housing for older persons", as defined in the Virginia
Fair Housing Law and no persons under 19 years of age
shall reside therein. (P & B & M)
-
6. Cash Proffer. The applicant, sub-divider, or
assignee (s) shall pay the following to the County of
Chesterfield, prior to the issuance of a building permit
for all dwelling units in excess of 80, for
infrastructure improvements within the service district
for the property:
a. $10,269 per dwelling unit, if paid prior to July 1,
2007; or
b. The amount approved by the Board of Supervisors not
to exceed $10,269 per dwelling unit adjusted upward
by any increase in the Marshall and Swift Building
Cost Index between July 1, 2006, and July 1 of the
fiscal year in which the payment is made if paid
after June 30, 2007. At the time of payment, the
$10,269 will be allocated pro-rata among the
facility costs as follows: $602 for parks and
recreation, $348 for library facilities, $8,915 for
roads, and $404 for fire stations. Payments in
excess of $10,269 shall be prorated as set forth
above.
Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law.
Should Chesterfield County impose impact fees at any
time during the life of the development that are
applicable to the property, the amount paid in cash
proffers shall be in lieu of or credited towards, but
not in addition to, any impact fees, in a manner as
determined by the County. (B & M)
7. A maximum of one hundred (100) dwelling units shall be
permitted. (P)
Ayes:
Nays:
Miller, Humphrey, King and Warren.
Sowder
07SN0378
In Matoaca Magisterial District I DONALD M. AND SUZANNE C.
RUDD request rezoning and amendment of zoning district map
from Agricultural (A) to Neighborhood Business (C-2) of 2.8
acres plus proffered conditions on an existing zoned
Community Business (C-3) 1.2 acre tract. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for neighborhood scale shopping
07-1023
10/24/07
center uses. This request lies on 4.0 acres
northeast quadrant of the intersection
Winterpock Roads. Tax ID 721-656-4435.
located in the
of Beach and
Ms. Rogers presented a summary of Case 07SN0378 and stated
the Planning Commission recommended denial, on a vote of 2-0,
with 3 abstentions. She further stated staff recommended
denial because the proposal does not conform to the Southern
and Western Area Plan, and the applicant has not addressed
the design features recommended in the Plan.
'-../
Mr. Andy Scherzer, representing the applicant, stated Crump's
Store is a neighborhood institution, which has been around
for years. He further stated the property should not be
limited to right-in or right-out turning movements on
Winterpock Road. He provided details of the proposed
setbacks. He stated both the Planning Commission and Mrs.
Humphrey support this proposal. He noted that the
archi tecture of any new structure would be compatible with
the rural character of the area. He requested the Board's
approval of the proposal.
Mr. Miller called for public comment.
No one came forward to speak to the request.
In response to Mrs. Humphrey's question, ]I,jr. McCracken stated
the four lane proposal is acceptable to him.
Mrs. Humphrey stated the applicant wants to maintain
existence of Crump's corner. She further stated
applicant wants to leave in place what remains today,
would like the option to build a new store or to move
existing historical store.
the
the
but
the
---
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved Case 07SN0378 and accepted the following proffered
conditions:
1. Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been
obtained from the Environmental En:rineering Department
and the approved devices installed. (EE)
2. The developer will analyze the culvert under Winterpock
Road to where the request property drains. If the pipe
is found to be inadequate the developer will replace the
pipe, or retain water on site, or a combination such
that the pipe under Winterpock Road meets current day
VDOT criteria. (EE)
3 .
Prior to any site plan approval, forty-five (45) feet of
right-of-way along the north side of Beach Road, and
forty-five (45) feet of right-of-way along the east side
of Winterpock Road measured from the centerline of that
part of the roadway immediately adj acent to the
property, with the exception of the area that the
existing underground tanks are located within the
existing right of way, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
'--
07-1024
10/24/07
4. To provide an adequate roadway system, the developer
shall be responsible for the following improvements:
A. Construction of additional pavement along Beach
Road and Winterpock Road at the approved access(es)
to provide left and right turn lanes, if warranted,
based on Transportation Department standards.
B. Widening/improving the north side of Beach Road and
the east side of Winterpock Road to an eleven (11)
foot wide travel lane, measured from the existing
centerline of the road, with an additional one (1)
foot wide paved shoulder plus a seven (7) foot wide
unpaved shoulder, and overlaying the full width of
the road with one and a half (1.5) inch of
compacted bituminous asphalt concrete, with any
modifications approved by the Transportation
Department, for the entire property frontage.
C. Dedication to Chesterfield County, free and
unrestricted, any additional right-of-way (or
easements) required for the improvements identified
above. In the event the developer is unable to
acquire any "off-site" right-of-way that is
necessary for any improvement described in
Proffered Condition 6, the developer may request,
in writing, that the County acquire such right-of-
way as a public road improvement. All costs
associated with the acquisition of the right-of-way
shall be borne by the developer. In the event the
County cpooses not to assist the developer in
acquisition of the "off-site" right-of-way, the
developer shall be relieved of the obligation to
acquire the "off-site" right-of-way and shall
provide the road improvements within available
right-of -way, as determined by the Transportation
Department. (T)
5. Direct Vehicular access from the property to Beach Road
shall be prohibited and direct vehicular access to
Winterpock Road shall be limited to one (1)
entrance/exit. The exact location of this access shall
be approved by the Transportation Department. (T)
6. Prior to any construction plan approval, a phasing plan
for the required road improvements, as identified in
Proffered Condition 6, shall be submitted to and
approved by the Transportation Department. (T)
7.
Architectural characteristics of any new structures
the subject property shall be comparable in nature
that of the existing vernacular architecture of
area. (P)
on
to
the
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
07-1025
10/24/07
08SN0121
In Bermuda Magisterial District, CMA PROPERTIES INC. requests
Condi tional Use Planned Development and amendment of zoning
district map to permit exceptions to Ordinance requirements
relative to signs. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
ComprehensivE~ Plan suggests the property is appropriate for
general commercial use. This request lies in a General
Business (C- 5) District on 5.2 acres fronting approximately
760 feet on the east line of Interstate 95 approximately 500
feet south of Ruffin Mill Road. Tax IDs 804-637-Part of 4161
and 804-638-3807.
-"
Ms. Rogers presented a summary of Case 08SN0121 and stated
the Planning Commission recommended approval, subject to one
condition, on a vote of 4-1, indicating that the larger sign
would provide better identification. She further stated
staff recommended denial because the current sign standards
of the ordinance provide adequate identification for uses on
the property, and approval of this request could encourage
other businesses to seek similar exceptions.
Discussion ensued relative to the size of signs for the
existing automobile dealerships.
Ms. Joan Goebel, representing the applicant,
proposal is comparable to the freestanding signs
existing dealerships in the area. She further
larger sign is critical for the business to be
with other dealerships.
stated the
at the two
stated the
competitive
--
In response to Mr. Miller's question, Ms. Goebel stated she
does not have any evidence illustrating that the business has
suffered due to the size of its current sign.
Mr. Miller called for public comment.
No one came forward to speak to the request.
Mr. King stated he supports the request because of the
proximity of the business to Interstate 95.
Mr. King then made a motion, seconded by Mr. Warren, for the
Board to approve Case 08SN0121 and accept the proffered
condition.
Mr. Sowder stated the Board may need to take a different
perspective on business signs along interstates than in
residential areas.
Mr. Miller called for a vote on the motion
seconded by Mr. Warren, for the Board to
08SN0121, subject to the following condition:
of Mr.
approve
King,
Case
The Textual Statement dated
considered the Master Plan.
September
(p)
24,
2007,
shall
be
Ayes:
Nays:
Miller, Humphrey, King, Sowder and Warren.
None.
07-1026
10/24/07