2008-01-09 Minutes
BOARD OF SUPERVISORS
MINUTES
January 9, 2008
Supervisors in Attendance:
Mr. Arthur S. Warren, Chairman
Mr. Daniel A. Gecker, vice Chrm.
Ms. Dorothy Jaeckle
Mr. James "Jim" Holland
Ms. Marleen K. Durfee
Mr. James J. L. Stegmaier
County Administrator
Staff in Attendance:
MS. Janice Blakley,
Clerk to the Board
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Barry Condrey, Chief
Information Officer
Mr. Roy Covington, Dir.,
Utilities
Mr. Michael Dance, Asst.
Dir., Accounting
Mr. Jonathan Davis, Dir.,
Real Estate Assessments
Mr. will Davis, Dir.,
Economic Development
Ms. Rebecca Dickson, Dep.
County Administrator,
Human Services
Colonel Thierry Dupuis,
Police Department
Ms. Karla Gerner, Dir.,
Human Resource Mgmt.
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Thomas E. Jacobson,
Dir., Revitalization
Mr. William E. Johnson,
Deputy County Admin.,
Management Services
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
Mr. Francis Pitaro, Acting
Deputy County Admin.,
Management Services
Sarah Snead, Director,
Social Services
Mr. M. D. Stith, Jr.,
Deputy County Admin.,
Community Development
Mr. Kirk Turner, Dir.,
Planning
Mr. Stegmaier called the regularly scheduled meeting to order
at 3:03 p.m.
1. ORGANIZATIONAL MEETING
--
1.A. ELECTION OF CHAIRMAN AND VICE CHAIRMAN
Mr. Stegmaier stated the first order of business would be the
election of Chairman. He then opened the floor for
nominations.
Ms. Durfee nominated Mr. Warren to serve as Chairman for
2008.
Mr. Gecker made a motion, seconded by JYIs. Jaeckle, for the
Board to close the nominations.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
The vote on election of Mr. Warren as Chairman of the Board
of Supervisors for 2008 was as follows:
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
Mr. Warren was elected as Chairman.
Mr. Stegmaier congratulated Mr. Warren on being elected as -
Chairman for 2008.
Mr. Warren then opened the floor for nominations for vice
Chairman.
MS. Jaeckle nominated Mr. Gecker to serve as Vice Chairman
for 2008.
Mr. Warren made a motion, seconded by Ms. Durfee, for the
Board to close the nominations.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland a.nd Durfee.
None.
The vote on election of Mr. Gecker as Vice Chairman of the
Board of Supervisors for 2008 was as follows:
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland a.nd Durfee.
None.
Mr. Gecker was elected as Vice Chairman.
1. B. ADOPTION OF PROCEDURES OF THE BOARII OF SUPERVISORS
GOVERNING MEETINGS IN 2008
,-'
Mr. Gecker suggested making the following revisions: correct
2007 to 2008 in the first paragraph; add a new section "N"
which would provide an additional 1S-minute citizen comment
period on unscheduled matters involving services, policies
and affairs of the county government to follow presentation
of resolutions at the beginning of the evening session;
_1~"I"V'\~"""-''''''__ .....1...,,...... ......_,...,.......:......._........_........+-....._ .,.,__ +-1...._ .......:...........::........,.....,. 1~,...,.1.....+- _"'''"_+-..-.......,.". .....,::J,.:J
in Paragraph 3, any person may speak at public meetings up to
3 minutes; add a provision that an applicant in a zoning case
may give an opening presentation of the zoning case for up to
15 minutes, regardless of the number of speakers, and the
applicant may give a rebuttal after all citizens have spoken
for up to 5 minutes; add wording in Section 21, stating the
Chairman may create and appoint members to the Budget and
Audit Committee, School Board Liaison Committee, County
Employee Benef i ts Commi t tee and other commi t tees as may be
designated by the Chairman; and add wording in Section 22
regarding deferral of cases with changes between
advertisement and hearing date to read deferral or remand of
cases.
Ms. Durfee suggested making the following revisions: delete
Section 6.e. relating to making insults which tend to
violence or breach of peace; add a statement to run similar
to the statement about no action on zoning cases if two or
more Board members do not return, on transfer of funds.
Ms. Jaeckle and Mr. Holland also stated they are in support
of adding the citizen comment period at the beginning of the
evening session.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the Procedures of the Board of Supervisors Governing
Meetings for 2008, as amended. (It is noted a copy of the
2008 Procedures of the Board of Supervisors, as amended, is
filed with the papers of this Board.)
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
1.C.
SETTING OF REGULAR MEETING DATES FOR 2008
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adopted the revised regular meeting date schedule for 2008,
as follows:
January 9, 2008 at 3:00 p.m.
January 23, 2008 at 3:00 p.m.
February 13, 2008 at 3:00 p.m.
February 27, 2008 at 3:00 p.m.
March 10, 2008 at 6:00 p.m.
March 12, 2008 at 3:00 p.m.
April 2, 2008 at 3:00 p.m.
April 9, 2008 at 3:00 p.m.
April 23, 2008 at 3:00 p.m.
May 28, 2008 at 3:00 p.m.
,-
June 25, 2008 at 3:00 p.m.
July 30, 2008 at 3:00 p.m.
August 27, 2008 at 3:00 p.m.
September 24, 2008 at 3:00 p.m.
October 8, 2008 at 3:00 p.m.
October 22, 2008 at 3:00 p.m.
November 12, 2008 at 3:00 p.m.
November 19, 2008 at 3:00 p.m.
December 17, 2008 at 3:00 p.m.
Special Meeting Dates for 2008
Special Budget work Session - March 10, 2008 at 6:00 p.m. -
Public Meeting Room
-"
Budget Public Hearing - April 2, 2008 at 6:30 p.m. - Public
Meeting Room
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
1.D.
CONSIDERATION OF BOARD APPOINTMENTf~
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
suspended their rules to allow simul taneous
nomination/appointment of members to serve on various
Committee/Boards.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
o PLANNING COMMISSION
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/appointed/reappointed the following
members to serve on the Planning Commission, whose terms are
effective January 1, 2008 and expire DecE?mber 31, 2011:
......,,<
Name
District
Mr. Sam Hassen
Mr. Russell Gulley
Mr. William Brown
Mr. Wayne Bass
Mr. Reuben Waller
Bermuda
Clover Hill
Dale
Matoaca
Midlothian
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
o COMMITTEE ON THE FUTURE
On motion of' Mr. Gecker, seconded by Mr. Holland, the Board
simul taneous ly nominated/appointed/reappointed the following
members to serve on the Committee on the Future, whose terms
are at the pleasure of the Board:
Name
District
Mr. Gary Thomson
Mr. Thomas Miller
Ms. Dorothy Hudson
Ms. Liu-Jen Chu
Dr. James McClellan
Mr. Edward DeGennero
Ms. wendy Austin
Ms. Dianne Mallory
Bermuda
Bermuda
Clover Hill
Clover Hill
Matoaca
Matoaca
Midlothian
Midlothian
-'
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
o RICHMOND REGIONAL PLANNING DISTRICT COMMISSION
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/appointed/reappointed Ms. Dorothy
Jaeckle, Mr. Arthur S. Warren, Mr. James Holland, Ms. Marleen
Durfee, Mr. Dan Gecker, Mr. George Roarty (citizen
representative), and Mr. M. D. Stith, Jr. (alternate) to
serve on the Richmond Regional Planning District Commission,
whose terms are effective January 1, 2008 and expire December
31, 2011.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
o CRATER PLANNING DISTRICT COMMISSION
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/appointed/reappointed Ms. Dorothy
Jaeckle, Mr. Arthur S. Warren, Ms. Marleen Durfee, Mr. Jack
McHale (citizen representative) and Mr. M. D. Stith, Jr.
(alternate) to serve on the Crater Planning District
Commission, whose terms are effective January 1, 2008 and
expire December 31, 2011.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
o CAPITAL REGION AIRPORT COMMISSION
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/appointed/reappointed Mr. James
Holland, Mr. Arthur S. Warren, Mr. Dan Gecker and Mr. John V.
Mazza, Jr. (citizen representative) to serve on the Capital
Region Airport Commission, whose terms are effective January
1, 2008 and expire December 31, 2011.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
o SOCIAL SERVICES BOARD
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/appointed Ms. Dorothy Jaeckle to
serve on the Social Services Board, whose term is effective
January 1, 2008 and expires December 31, 2011.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
o RICHMOND METROPOLITAN CONVENTION AND VISITORS BUREAU
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/appointed/reappointed Mr. Jim
Holland and Ms. Marilyn Cole (alternate) to serve on the
Richmond Metropolitan Convention and Visitors Bureau, whose
term is effective January 1, 2008 and expires December 31,
2008.
And, further, the Board simultaneously nominated/reappointed
Mr. Neil Amin to serve on the Richmond Metropolitan
Convention and Visitors Bureau, whose term is effective
January 1, 2008 and expires December 31, 2010.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
o COMMUNITY SERVICES BOARD
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/reappointed Ms. Ruth Roberts and Ms.
Nancy Briggs to serve on the Community Services Board, whose
terms are effective January 1, 2008 and expires December 31,
2010.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
-'
o RICHMOND AREA METROPOLITAN TRANSPORTAI!~ION PLANNING
ORGANIZATION
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simul taneously nominated/reappointed Ms. Marleen Durfee, Mr.
Dan Gecker and Mr. Jim Holland to serve on the Richmond Area
Metropolitan Transportation Planning Organization, whose term
is at the pleasure of the Board.
And, further, the Board simultaneously nominated/appointed
Mr. R. John McCracken, Mr. Jim Banks (alternate), Mr. Stan
Newcomb (alternate), Ms. Barbara Smith (alternate), and Mr.
Steve Simonson (alternate) to serve on the Richmond Area
Metropolitan Transportation Planning Organization, whose
terms are effective January 1, 2008 and expire December 31,
2011.
Ayes:
Nays:
warren, Gecker, Jaeckle, Holland and Durfee.
None.
o TRI-CITIES AREA METROPOLITAN TRANSPORTATION PLANNING
ORGANIZATION
-'
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/appointed Ms. Dorothy Jaeckle and
Ms. Barbara Smith (alternate) to serve on the Tri-Cities Area
Metropolitan Planning Organization, whosl? terms are effective
January 1, 2008 and expires December 31, 2008.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
o GREATER RICHMOND PARTNERSHIP, INCORPORATED
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/appointed/reappointed Mr. Dan Gecker
and Mr. Jay Stegmaier (alternate) to serve on the Greater
Richmond Partnership, Incorporated, whose term is effective
January 1, 2008 and expires December 31, 2011.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
o APPOMATTOX RIVER WATER AUTHORITY
-
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/appointed/reappointed Mr. Jay
Stegmaier and Mr. Roy Covington (alternate) to serve on the
Appomattox River Water Authority, whose terms are effective
January 1, 2008 and expires November 20, 2009.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
o SOUTH CENTRAL REGIONAL WASTEWATER. AUTHORITY
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/reappointed Mr. Jay Stegmaier and
Mr. Roy Covington (alternate) to serve on the South Central
Regional Wastewater Authority, whose terms are effective
January 1, 2008 and expires November 20, 2009.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
o PARKS AND RECREATION ADVISORY COMMISSION
On motion of Mr. Gecker, seconded by Mr. Holland,
simultaneously nominated/appointed/reappointed the
members to serve on the Parks and Recreation
Commission, whose terms are effective January 1,
expire December 31, 2011:
the Board
following
Advisory
2008 and
Name
District
Mr. Barney McLaughlin
Ms. Brenda White
Mr. Jose Sanchez
Mr. Shayne McDavid
Mr. Ron Maxey
Bermuda
Bermuda
Clover Hill
Clover Hill
Midlothian
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
o MAYMONT FOUNDATION
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/appointed Mr. Dan Gecker to serve on
the Mayrnont Foundation, whose term is effective January 1,
2008 and expires December 31, 2011.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
o COALITION OF HIGH GROWTH COMMUNITIES
On motion of Mr. Gecker, seconded by Mr. Holland,
simultaneously nominated/appointed Ms. Marleen
serve on the Coalition of High Growth Communities,
is at the pleasure of the Board.
the Board
Durfee to
whose term
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
_ 0 VIRGINIA'S GATEWAY REGION BOARD
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simul taneously nominated/appointed Mr. Jim Holland to serve
on the Virginia's Gateway Region Board, whose term is
effective January 1, 2008 and expires September 30, 2008.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
-
o CAPITAL REGION TAXICAB ADVISORY BOARD
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simul taneously nominated/appointed Mr. J"im Holland to serve
on the Capital Region Taxicab Advisory Board, whose term is
at the pleasure of the Board.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
o WORKFORCE DEVELOPMENT OVERSIGHT BOARD
,-'
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/appointed Mr. Dan Gecker to serve on
the Workforce Development Oversight Board, whose term is at
the pleasure of the Board.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
o METROPOLITAN RICHMOND AIR QUALITY COMMITTEE
On motion of Mr. Gecker, seconded by Mr. Holland,
simultaneously nominated/appointed Ms. Marleen
serve on the Metropolitan Richmond Air Quality
whose term is at the pleasure of the Board.
the Board
Durfee to
Committee,
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
o CAPITAL AREA WORKFORCE INVESTMENT BOARD
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/reappointed Ms.. Karen Aylward to
serve on the Capi tal Area Workforce Investment Board, whose
term is at the pleasure of the Board.
~;I
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
o CRATER WORKFORCE INVESTMENT BOARD
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/reappointed Ms. Karen Aylward to
serve on the Crater Workforce Investment Board, whose term is
at the pleasure of the Board.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
o CHESTERFIELD-COLONIAL HEIGHTS COMMUNI~[,Y POLICY AND
MANAGEMENT TEAM FOR COMPREHENSIVE SER',ICES
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/reappointed Ms. Becky Dickson to
serve on the Chesterfield-Colonial Heights Community Policy -'
and Management Team for Comprehensive Services, whose term is
at the pleasure of the Board.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
o CHESTERFIELD COUNTY SUPPLEMENTAL RETIREMENT PLAN BOARD
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/reappointed Mr. Richard Cordle, Col.
Thierry Dupuis, Ms. Mary Lou Lyle and Mr. Craig Bryant to
serve on the Chesterfield County Supplemental Retirement Plan
Board, whose terms are at the pleasure of the Board.
Ayes:
Nays:
...--
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
o APPEALS PANEL PURSUANT TO VIRGINIA SET OFF DEBT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/reappointed Mr. Richard Cordle, Ms.
Mary Lou Lyle, Mr. James Harris and Mr. Samuel West to serve
on the Appeals Panel Pursuant to Virginia Set Off Debt, whose
terms are at the pleasure of the Board.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
o RIDEFINDERS
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/reappointed Ms. Barbara Smith to
serve on the Ridefinders Board of Directors, whose term is at
the pleasure of the Board.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
o PERSONNEL APPEALS BOARD
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/reappointed Mr. Victor Branch
(county citizen) to serve on the Personnel Appeals Board,
whose term is January 1, 2008 to December 31, 2010.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
o CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/reappointed Mr. Robert Dunn and Mr.
Barry Mathews (alternate) to serve on the Central Virginia
Waste Management Authority, whose terms are January 1, 2008
to December 31, 2010.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
.,;~
o CENTRAL VIRGINIA WASTE MANAGEMENT ADVISORY PLAN CITIZEN
ADVISORY COMMITTEE
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/reappointed Mr. William Johnson and
Mr. Barry Mathews to serve on the Central Virginia Waste
Management Advisory Plan Citizen Advisory Committee, whose
terms are January 1, 2008 to December 31, 2010.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
08-9
01/09/08
-~---:ii~ ....~..""'-
:..
o DISABILITY SERVICES BOARD
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/reappointed Ms. Carol Granger to
serve on the Disability Services Board, whose term is January
1, 2008 to December 31, 2010.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
Mr. Warren made the following chairman's appointments:
o BUDGET AND AUDIT COMMITTEE
Mr. Holland and Mr. Gecker (Unspecified Term)
o COUNTY EMPLOYEE BENEFITS COMMITTEE
Mr. Gecker and Ms. Jaeckle (Unspecified Term)
o SCHOOL BOARD LIAISON COMMITTEE
Ms. Durfee and Ms. Jaeckle (Unspecified 'rerm)
2. APPROVAL OF MINUTES FOR DECEMBER 19, 2007
On motion of Mr. Warren, seconded by M:r. Gecker, the Board
approved the minutes of December 19, 2007, as submitted.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
-<
3. COUNTY ADMINISTRATORIS COMMENTS
Mr. Stegmaier introduced the new Deputy County Administrator
for Management Services, Mr. William E. Johnson.
Mr. Warren welcomed Mr. Johnson to his new position.
Mr. Johnson expressed his pleasure at being selected to serve
the county and indicated he looked forward to using his
experience to further county goals.
4. BOARD COMMITTEE REPORTS
Mr. Warren expressed appreciation to the Board members for
their willingness to serve on the various committees.
5. REQUESTS TO POSTPONE ACTION, ADDITIONS,OR CHANGES IN THE
ORDER OF PRESENTATION
On motion of Ms. Durfee, seconded by ~1r. Gecker, the Board
added Item 9.B.4., Creation of a Board of Supervisors' Multi-
Cultural Committee, and adopted the agenda, as amended.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
08-10
01/09/08
6. RESOLUTIONS AND SPECIAL RECOGNITIONS
o RECOGNIZING MR. JIM ALBERTSON FOR HIS LONG AND
DISTINGUISHED SERVICE AS A TEACHER AND COACH
Mr. Kappel introduced Mr. Jim Albertson, who was present,
along with members of his family, to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. Jim Albertson is a teacher and coach at
Clover Hill High School; and
WHEREAS, Mr. Albertson has been a teacher for 41 years,
including positions in Pennsylvania and New Jersey prior to
coming to Chesterfield County in 1983; and
WHEREAS, he has taught subj ects as diverse as World
History, Economics, CuI tural Anthropology, American
Government, Sociology, Practical Law, Service Learning,
Introduction to the Civil War and United States History; and
WHEREAS, In addition to his
Albertson has coached wrestling,
football, boys' tennis, golf, girls'
boys' cross country; and
classroom teaching, Mr.
track, junior varsity
tennis, boys' soccer and
WHEREAS, as a coach, Mr. Albertson has distinguished
himself and gained a reputation for coaching excellence; and
-
WHEREAS, among the athletic activity distinctions he has
earned are three district wrestling championships; four
district golf championships and six district tennis
championships; and
WHEREAS, he also was named Dominion District Coach of
the Year 12 times and Central Region Coach of the Year three
times; and
WHEREAS, Coach Albertson will be inducted into the
Clover Hill Athletic Hall of Fame on February 9, 2008; and
WHEREAS, Mr. Albertson's record of accomplishments as a
teacher, coach and mentor is truly noteworthy and indicative
of an exceptional professional life of service and
leadership; and
WHEREAS, Mr. Albertson will retire from Chesterfield
County Public Schools in June of 2008.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 9th day of January 2008, on
behalf of all Chesterfield County residents, offers sincere
grati tude to Mr. Jim Albertson for his service to young
people, congratulates him on his upcoming induction into the
Clover Hill Athletic Hall of Fame, and extends best wishes
for continued success and fulfillment.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
Mr. Warren presented the executed resolution
Albertson, accompanied by members of his family,
to Mr.
expressed
appreciation for his dedicated service and congratulated him
on his retirement.
Mr. Albertson expressed thanks for the opportunity to work ln
the Chesterfield County School System.
7 . WORK SESSIONS
There were no work sessions at this time.
,-'"'
8. DEFERRED ITEMS
8.A. AWARD OF CONTRACT FOR MANAGEMENT CONSULTING SERVICES TO
CONDUCT A MANAGEMENT STUDY FOR CHESTERFIELD COUNTY
Mr. pitaro e~~lained the previous Board members had initiated
the request for a management study to be completed for the
county and the request had been deferred.
Mr. Warren reiterated the need of the management study to
help improve relationships with citizens.
In response to Ms. Durfee's question, Mr. Gecker stated the
scope of the management study might be revised through the
Budget and Audit Committee.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
referred awarding the contract for Management Consulting
Services to conduct a management study for Chesterfield
County to thE! Budget and Audi t Committee.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
.~_,w
8.B. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(7)
CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION
WITH LEGAL COUNSEL REGARDING A MATTER REQUIRING THE
PROVISION OF LEGAL ADVICE RELATING TO A LAWSUIT
AFFECTING THE ACQUISITION OF A LEASEHOLD INTEREST
IN CLOVERLEAF MALL
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
went into Closed Session, pursuant to Section 2.2-3711(A) (7),
Code of Virqinia, 1950, as amended, for consultation with
legal counsel regarding a matter requiring the provision of
legal advice relating to a lawsuit affecting the acquisition
of a leasehold interest in Cloverleaf Mall.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
Reconvening:
On motion of Mr. Warren, seconded by Mr. Gecker, 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
effective July 1, 1989 provides for certification that
Closed Session was conducted in conformity with law.
Act
such
-
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:
Ms. Jaeckle:
Mr. Gecker:
Mr. Warren:
Ms. Durfee:
Mr. Holland:
Aye.
Aye.
Aye.
Aye.
Aye.
9. NEW BUSINESS
9.A. STREETLIGHT INSTALLATION COST APPROVALS
Ms. Jaeckle stated that she would like to speak with the
applicant requesting the streetlight installation regarding
the petition portion of this request prior to considering it.
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
deferred the streetlight installation request in the Forest
Glenn Subdvision, in the vicinity of 1657 Forest Glenn Circle
to February 13, 2008:
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
9.B.
CONSENT ITEMS
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
removed the following items from the consent agenda for
public comment: Item 9.B.l., Set Date for Public Hearing to
Consider an Amendment to Parts of The Powhite/Route 288
Development Area Plan, Northern Area Plan, Midlothian Area
Community Plan, and the Route 360 Corridor Plan Relating to
the Northern Courthouse Road Community Plan; and Item 9.B.4.,
Creation of a Board of Supervisors' Multi-Cultural Committee.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
,~
9.B.2. STATE ROAD ACCEPTANCE
Ms. Jaeckle requested a meeting be set up with Environmental
Engineering, the virginia Department of Transportation and
Chester village Green residents to discuss the differences in
standards relating to the new urbanism design.
.........-
In response to Ms. Jaeckle' s question, Mr. Stegmaier
clarified the difference in the standards. He further stated
staff would meet with the citizens in this case.
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the street
recorded in the Clerk's
Chesterfield County; and
described belOiN is shown on plats
Office of the Circuit Court of
--"
WHEREAS, the Resident Engineer for
Department of Transportation has advised
street meets the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's 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: chester Village Green Sec.4
Type Change to the Secondary System of State
Addition
-'
Reason for Change:
New subdivision street,
Pursuant to Code of Virginia
!l33.1-229
Street Name and/or Route
. Village Garden Court, State Route Number 7198
From: Village Garden Dr., (Rt. 5913)
To: Cul-de-sac, a distance of: 0.08 miles,
Recordation Referer.ce: Pb. 158 Pg. 20
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, 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:
Brattice Mill Court, Place and Road
Type Change to the Secondary System of State
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia 533.1-229
Street Name and/or Route
· Brattice Mill Road, State Route Number 7260
From: Coalboro Rd., (Rt. 664)
To: Brattice Mill Ct., (Rt. 7261), a distance of: 0.32 miles.
Recordation Reference: Db. 6933, Pg. 338
Right of Way width (feet) = 50
.
Brattice Mill Court,
State Route Number 7261
From: Brattice Mill Rd., (Rt. 7260)
TO: Cul-de-sac, a distance of: 0.21 miles.
Recordation Reference: Db. 6933, Pg. 338
Right of way width (feet) = 50
· Brattice Mill Road, State Route Number 7260
From: Brattice Mill Ct., (Rt. 7261)
To: Brattice Mill Pl., (Rt. 7262), a distance of: 0.59 miles.
Recordation Reference: Db. 6933, Pg. 338
Right of Way width (feet) = 50
.
Brattice Mill Place,
State Route Number 7262
From: Brattice Mill Rd., (Rt. 7260)
To: Cul-de-sac, a distance of: 0.18 miles.
Recordation Reference: Db. 6933, Pg. 338
Right of Way width (feet) = 50
.
Brattice Mill Road,
State Route Number 7260
From: Brattice Mill Pl., (Rt. 7262)
To: Temp EOM, a distance of: 0.01 miles.
Recordation Reference: Db. 6933, Pg. 338
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, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
this Board guarantees
as described, and any
drainage.
AND, BE IT FURTHER RESOLVED, that a certified
this resolution be forwarded to the Resident Engineer
Virginia Department of Transportation.
copy of
for the
Project:
Baileys I:;rove Sec.A
Type Change to the Secondary System of State
Addition
--
Reason for Change:
New subdivision street
Pursuant to Code of Virginia 533.1-229
Street Name and/o~ Route
.
Baileys Gro,,'e Drive,
State Route Number 7250
From: Hampton Av., (Rt. 1315)
To: Baileys Grove Ct., (Rt. 7251), a distance of: 0.05 miles.
Recordation Reference: Pb. 165 Pg. 27
Right of Way width (feet) = 58
.
Baileys Groove Court,
State Route Number 7251
From: Baileys Grove Dr., (Rt. 7250)
To: Cul-de-sac, a distance of: 0.04 miles.
Recordation Reference: Pb. 165 Pg. 27
Right of Way width (feet) = 40
.
Baileys Gro,re Drive,
State Route Number 7250
From: Baileys Grove Ct., (Rt. 7251)
To:
Baileys Path Rd" (Rt. 7252), a distance of: 0.22 miles.
-'
Recordation Reference: Pb. 165 Pg. 27
Right of Way width (feet) = 58
.
Baileys Gr~Te Drive,
State Route Number 7250
From: Baileys Path Rd., (Rt. 7252)
To: Temp EOM, a distance of: 0.01 miles.
Recordation Reference: Pb. 165 Pg. 27
Right of Way width (feet) = 58
. Baileys path Road, State Route Number 7252
From: Baileys Grove Dr., (Rt. 7250)
To: Baileys Ln., (Rt. 7253), a distance of: 0.11 miles.
Recordation Referer.ce: Pb. 165 Pg. 27
Right of Way width (feet) = 40
.
Baileys Lane,
State Route Number 7253
From: Baileys Path Rd., (Rt. 7252)
To: Temp EOM, a distance of: 0.03 miles.
Recordation Reference: Pb, 165 Pg. 27
_J'
Right of Way width (feet) 40
.
Baileys Path Road,
State Route Number 7252
From: Baileys Ln., (Rt. 7253)
To: Temp EOM, a distance of: 0,03 miles.
Recordation Reference: Pb. 165 Pg, 27
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
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
this Board guarantees
as described, and any
drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project: Chester Village Green Sec.3 and remainder of Sec.1
Type Change 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 ~oute
.
Village Creek Drive,
State Route NUmber 5912
From: 0.07 miles E of Chester Village Dr., (Rt. 5917)
To: Village Garden Dr., (Rt. 5913), a distance of: 0.06 miles.
Recordation Reference: pb. 15S Pg. 1S
Right of Way width (feet) = 46
. Village Park Avenue, State Route NUmber 7193
From: Village Creek Dr., (Rt. 5912)
To: village Garden Dr., (Rt, 5913), a distance of: 0.08 miles.
Recordation Reference: Pb. 158 Pg. 18
Right of Way width (feet) = 50
. Village Park Avenue, State Route NUmber 7193
From: Village Garden Dr., (Rt. 5913)
To: 0.02 miles N of Village Garden Dr., (Rt. 5913), a distance of: 0.02 miles.
Recordation Reference: Pb. 158 Pg. 18
Right of Way width (feet) = 50
. village Park Avenue, State Route NUmber 7193
From: 0.02 miles N of Village Garden Dr., (Rt. 5913)
To: Chester Village Dr., (Rt. 5917), a distance of: 0.03 miles.
Recordation Reference: Pb. 158 Pg. 18
Right of Way width (feet) = 50
.
Village Garden Drive,
State Route NUmber 5913
From: Village Park Av., (Rt. 7193)
To: 0.09 miles E of Village Park Av., (Rt, 7193), a distance of: 0.09 miles.
Recordation Reference: Pb. 158 Pg. 18
Right of Way width (feet) ~ 50
. Village Ga~den Drive, State Route NUmber 5913
From: 0.09 miles E of Village Park Av" (Rt - 7193)
To: Village Creek Dr., (Rt. 5912), a distance of: 0.04 miles.
Recordation Reference: Pb. 158 Pg. 18
Right of Way width :feetl = 50
-
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
The followin9 items were removed from the consent agenda for
public comment:
9 . B .1. SET DATE FOR PUBLIC HEARING TO CONSIDER AN AMENDMENT
TO PARTS OF THE POWHITE/ROUTE 288 DZVBLOPHENT AREA
PLAN, NORTHERN AREA PLAN, MIDLOTHIAN AREA COMMUNITY
PLAN,1Wrn THE ROUTE 360 CORRIDOR PLAN RELATING TO THE
NORTHERN COURTHOUSE ROAD COMMUNITY PLAN
Mr. George Beadles, a Clover Hill resident, requested the
Board not take action on this Plan. He suggested there is a
need for a countywide Comprehensive Plan prior to action
being taken on this Plan.
Mr. Warren callE~d for public comment.
No one else came forward to speak to the request.
-
On motion of Mr. warren, seconded by Mr. Gecker, the Board
set the date of February 13, 2008 at 6:30 p.m. for a public
hearing for the Board to consider an amendment to parts of
The Powhite/Route 288 Development Area Plan, Northern Area
Plan, Midlothian Area Community Plan, and the Route 360
corridor Plan Relating to the Northern Courthouse Road
Community Plan.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
9.B.4.
CREATION OF THE BOARD OF SUPERVISORS' MULTICULTURAL
ADVISORY COMMISSION
Mr. Beadles stated the Commission should have more than five
members to hE=lp encompass a wide array of people.
Mr. Gecker expressed concerns relative to adding items such
as this to the agenda without the citizens having time to
review the information.
MS. Jaeckle
Commission.
requested
additional
information
on
the
--
Ms. Durfee stated there is a need for the Commission.
On motion of Mr. Warren, seconded by Mr. Gecker,
deferred the creation of the Mul ti-Cul tural
Commission until January 23, 2008.
the Board
Advisory
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
9.B.3. RECONSIDERATION OF LAND USE AND WATER QUALITY ISSUES
RELATING TO THE RECENTLY ADOPTED UPPER SWIFT CREEK
PLAN AMENDMENT
Mr. Gecker expressed concerns regarding sending the Upper
Swift Creek Plan back to the Planning Commission without some
specific direction and guidance on the environmental issues
and which method would be best for achieving a document that
is workable for the long term in the geography. He stated he
would like to defer the request for thirty days to allow time
to sit down with Environmental Engineering and come up with a
direction as to how to fix the environmental overlay of the
Plan. He suggested adding level of service standards for
transportation and schools.
Ms. Durfee expressed concerns regarding the lack of
differences between the old Plan and the current Plan adopted
last year. She stressed the need to bring forwar~workable
Plan quickly. She explained the need to give the citizens
the assurances in the Plan.
In response to Ms. Durfee's question, Mr. McCracken explained
the Transportation Department could provide information to
the Board regarding safety of roads and levels of service in
the Plan geography in three to six months.
Ms. Jaeckle expressed the need for landowners to be included
in any discussions or revisions regarding the Plan.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
directed the Planning Commission to revisit the Upper Swift
Creek Plan and to bring forward in a timely fashion for
review and consideration to amendments related to water
quality, levels of service (roads, schools and public
safety), land use, economic development for the purpose of
direction to the Planning Commission and the Board on
proposals in the interim before the adoption of the new
countywide Comprehensive Plan.
In response to Mr. Warren's question, Mr. Stegmaier stated
staff will work with the Board to address some of the
concerns of Mr. Gecker to expedite the Plan.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
10.
REPORTS
10.A.
REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS
AND LEASE PURCHASES
10.B.
REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY
SYSTEM
On motion of Mr. Warren, seconded by Ms. Durfee, the Board
approved the following reports: a Report on Status of
General Fund Balance, Reserve for Future Capital Proj ects,
District Improvement Funds and Lease Purchases and a Report
on Roads Accepted into the State Secondary System.
08-'1Q
~
~:
And, further, the following roads were accepted into the
State Secondary System:
ADDITION
LENGTH
FOX CLUB PARKvJAY /VILLAGE SQUARE PARKWAY
(Effective 11/19/2007)
Fox Club Parkway (Route 5201) - From 0.29 mile
north of Cosby Road (Route 690) to 0.09 mile
south of village Square Parkway (Route 3867)
~.,.
o . 09 Mi.
Fox Club par~Nay (Route 5201) - From Hull Street
Road (Route 360) to Cosby Road (Route 690)
0.04 Mi.
Fox Club Parkway (Route 5201) - From Village
Square Parkway (Route 3867) to 0.16 mile
north of village Square Parkway (Route 3867)
o . 16 Mi.
Fox Club parkway (Route 5201) - From 0.16 mile
north of Village Square Parkway (Route 3867)
to 0.01 mile south of Fox Branch Lane (Route 5223)
o . 16 Mi.
Fox Club Par~way (Route 5201) - From 0.08 mile
north of Cosby Road (Route 690) to 0.12 mile
north of Cosby Road (Route 690)
o . 04 Mi.
Fox Club Parkway (Route 5201) - From 0.12 mile
north of Cosby Road (Route 690) to 0.29 mile
north of Cosby Road (Route 690)
0.17 Mi.
Fox Club Parkway (Route 5201) - From Cosby
Road (Route 690) to 0.08 mile north of
Cosby Road (Route 690)
~
0.08 Mi.
village Squa:ce Parkway (Route 3867) - From
0.11 mile west of Fox Club Parkway
(Route 5201) to cul-de-sac
o . 35 Mi.
village Square parkway (Route 3867) - From 0.09
mile east of Fox Club Parkway (Route 5201) to
0.11 mile west of Manor Gate Drive (Route 3865)
o . 27 Mi.
village Square Parkway (Route 3867) - From
Fox Club Parkway (Route 5201) to 0.11 mile
west of Fox Club Parkway (Route 5201)
o . 11 Mi.
Village Square parkway (Route 3867) ~ From
Fox Club Parkway (Route 5201) to 0.09 mile
east of Fox Club Parkway (Route 5201)
0.09 Mi.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
-
11. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Howard Meyers, a 10-year Woodlake resident, encouraged
the Board to look into sponsoring a Cultural Arts Center to
be located in Chesterfield County.
MS. Andrea Epps, Vice President of Brandermill Community
Association, addressed the Board on the passing of Mr. Ryland
Reamy, President of Brandermill Community Association. She
thanked Mr. Buddy Whitfield for helping out in this time of
change.
Mr. George Beadles addressed the Board relative to the need
for a revision to the policy on the transfer of District
Improvement Funds.
12. DINNER
On motion of Mr.
recessed to the
dinner.
Gecker, seconded by Ms. Durfee,
Administration Building, Room
the Board
502, for
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
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
Eagle Scout Steven Wistrom led the Pledge of Allegiance to
the flag of the United States of America.
15. RESOLUTIONS AND SPECIAL RECOGNITIONS
15.A. RECOGNIZING BOY SCOUTS UPON OBTAINING THE RANK OF
EAGLE SCOUT
15.A.1. DAVID LABRECQUE, DALE DISTRICT
15.A.2. PHILIP GASPAR, II, CLOVER HILL DISTRICT
15.A.3. STEVEN WISTROM, DALE DISTRICT
15.A.4. BYRON TIBBETTS, MATOACA DISTRICT
15.A.5. ROBERT WILLIAMS, MATOACA DISTRICT
-
Mr. Kappel introduced Mr. David LaBrecque, Mr. Philip Gaspar,
II, Mr. Steven Wistrom, Mr. Byron Tibbetts and Mr. Robert
Williams who were present to receive resolutions.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
08-21
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to their community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law
Mr. Philip Charles Gaspar, II, Troop 806, sponsored by
Woodlake united Methodist Church, and Mr. David Allan
LaBrecque, Troop 2877, sponsored by Chester Presbyterian
Church, Mr. Steven Alan Wistrom, Mr. Robert Louis Williams
and Mr. Byron wright Tibbetts, all of Troop 2874, sponsored
by St. Luke's united Methodist Church, have accomplished
those high standards of commitment and have reached the long-
sought goal of Eagle Scout which is received by only four
percent of those individuals entering the Scouting movement;
and
-'
WHEREAS, growing through their experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring t:o prepare themselves for roles as leaders in
society, Phillip, David, Steven, Robert and Byron have
distinguished themselves as members of a new generation of
prepared young citizens of whom we can all be very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 9th day of January 2008,
hereby extends its congratulations to Mr. Philip Charles
Gaspar, II, Mr. David Allan LaBrecquE~, Mr. Steven Alan
wistrom, Mr. Robert Louis Williams and Mr. Byron Wright
Tibbetts, and acknowledges the good fortune of the county to
have such outstanding young men as its citizens.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
--
Mr. Warren, Ms. Durfee and Mr. Holland presented executed
resolutions and patches to each of the Eagle Scouts,
congratulated, them on their outstanding achievements, and
wished them well in future endeavors.
Mr. Gaspar, Hr. wistrom, Mr. williams
provided details of their Eagle Scout
appreciation to their parents and
support.
and Mr. Tibbetts each
projects and expressed
community for their
Mr. Warren thanked them for their work in the community.
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 WILL BE HEARD AT SECTION 18
08SN0107
In Matoaca Magisterial District, PRISTINE DEVELOPMENT LLC
requests rezoning and amendment of zoning district map from
Agricultural (A) and Residential (R-9) to Residential (R-12)
plus Conditional Use Planned Development to permit exceptions
to Ordinance requirements. The densi ty of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive plan suggests the property is
appropriate for residential use of 1.01-2.5 uni ts per acre.
This request: lies on 71.5 acres lying approximately 2,070
"-'
nR_'2'2
feet off the south line of Woodpecker Road measured at its
intersection with Lakeview Road. Tax IDs 789-619-4223 and
790-618-0133.
Mr. Turner stated the applicant has withdrawn Case 08SNOI07
from consideration by the Board.
On motion of Ms. Durfee, seconded by Mr. Gecker, the Board
acknowledged the withdrawal of Case 08SNOI07.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
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
conditions 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.
Mr. Jim Theobald, representative of Otterdale Venture, LLC,
stated he is in agreement with remanding the case to the
Planning Commission.
Mr. Warren called for public comment.
No one carne forward to speak to the remand request.
Ms. Durfee stated there were some issues that needed to be
resolved with Transportation.
On motion of Ms. Durfee, seconded by Mr. Gecker, the Board
remanded Case 07SN0157 to the Planning Commission.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
07SN0223 (Amended)
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 (1-1) to Residential Townhouse (R-
TH) of 1,183.9 acres plus Conditional Use Planned Development
08-23
to permit exceptions to Ordinance requirements on the entire
1,394.9 acre tract. The densi ty 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 residential 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; 71~~-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 staff is requesting that the Board remand
Case 07SN0223 to the Planning Commission.
Mr. Dave Anderson, the applicant's representative, gave a
brief overview of the history of the case.
Mr. Warren called for public comment.
Ms. Christie Lucas, a resident of Charter Colony, supported
remanding the case to the Planning Commission, to allow time
to continue working with the developer.
Mr. Steven Marshall, a Charter Colony resident, supported
remanding the case to the planning Commission, to allow time
to continue working with the developer.
No one else came forward to speak to the remand request.
-'
Ms. Durfee expressed appreciation to Mr. Dave Anderson and
Mr. Casey Sowers for working with the communities to resolve
concerns.
On motion of Ms. Durfee, seconded by Mr. Gecker, the Board
remanded Case 07SN0223 to the Planning Commission.
Ayes:
Nays:
Warre~, Gecker, Jaeckle, Holland and Durfee.
None.
07SN0206 (Amended)
In Matoaca Magisterial District, GBS HOLDING LTD requests
rezonlng and amendment of zoning district map from
Agricultural (A) to Residential (R-15) plus Conditional Use
Planned Development to permit exceptions to Ordinance
requirements. Residential use of up to 2.90 units per acre
is permitted in a Residential (R-15) District. The density
of such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive plan suggests the
property is appropriate for single family residential use of
2.0 units per acre or less. This request lies on 38.8 acres
fronting approximately 290 feet on the west line of Old
Hundred Road approximately 2,900 feet northwest of Otterdale
Road. Tax ID 714-698-Part of 3178.
-"
Mr. Turner stated Ms. Durfee has requested that Case 07SN0206
be remanded to the Planning Commission.
Mr. Casey Sowers, representing the applicant, gave a brief
overview of Case 07SN0206.
08-24
Mr. Warren called for public comment.
No one came forward to speak to the remand request.
In response to Ms. Durfee's question, Mr. Turner stated the
two issues of concern deal with the density of the proposed
proj ect which will have sole access through an adj oining
lower density community and deals wi th direct access to Old
Hundred Road.
In response to Ms. Durfee's question, Mr. McCracken explained
staff is currently working with the applicant to craft
language to resolve the issues with access to Old Hundred
Road.
On motion of Ms. Durfee, seconded by Mr. Gecker, the Board
remanded Case 07SN0206 to the Planning Commission.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
07SN0361
In Matoaca Magisterial District, ROBERT C. SOWERS AND DOUGLAS
AND SUSAN SOWERS request rezoning and amendment of zoning
district map from Agricultural (A) to Residential (R-12) plus
Condi tional Use Planned Development to permit exceptions to
Ordinance requirements. The densi ty 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 single family
residential use of 2.0 units per acre or less. This request
lies on 26.2 acres fronting approximately 1,030 feet on the
west line of Otterdale Road approximately 3,380 feet north of
Genito Road. Tax IDs 713-691-1673 and 8928; and 714-690-
1660.
Mr. Turner stated Ms. Durfee has requested that Case 07SN0361
be remanded to the Planning Commission.
Ms. Carrie Coyner, the applicant's representative, stated she
is in agreement with remanding the case to the Planning
Commission.
Mr. Warren called for public comment.
No one carne forward to speak to the remand request.
On motion of Ms. Durfee, seconded by Mr. Gecker, the Board
remanded Case 07SN0361 to the Planning Commission.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
07SN0333
In Midlothian Magisterial District, CHESTERFIELD COUNTY BOARD
OF SUPERVISORS requests rezoning and amendment of zoning
district map from Residential (R-7), Neighborhood Business
(C-2), Community Business (C-3), Regional Business (C-4) and
08-25
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 densi ty 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-
1010-00001 and 00002, 4170, 6964, 8068 and 8842; and 765-707-
6600.
Mr. Turner stated staff has requested that Case 07SN0333 be
deferred to February 27, 2008.
Mr. Jacobson, the agent for
recommendation was acceptable.
the Board,
s ta ted the
Mr. Warren called for public comment.
No one came forward to speak to the deferral request.
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
deferred Case 07SN0333 to February 27, 2008.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
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 (C-3) 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
condi tions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for general commercial
and resident:_al 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.:3 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 1-95. 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 staff is requesting that the Board defer
Case 07SN0386 until January 23, 2008, indicating that the
case was double advertised, and the Planning Commission would
hear the case on January 15, 2008.
Mr. John Cogbill, the applicant'S representative, stated the
deferral was acceptable.
nQ_",&;:
Mr. Warren called for public comment.
NO one came forward to speak to the deferral request.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
deferred Case 07SN0386 to January 23, 2008.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
05SN0239 (Amended)
In Clover Hill Magisterial District, THE CHEATHAM FAMILY
LIMITED PARTNERSHIP requests rezoning and amendment of zoning
district map from Agricultural (A) to Community Business (C-
3) with Conditional Use to permit multifamily and townhouse
uses plus Conditional Use Planned Development to permit
exceptions to Ordinance requirements. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for regional mixed use uses. This
request lies on 63.5 acres fronting approximately 550 feet on
the north line of Hull Street Road, also fronting
approximately 2,400 feet on the west line of Route 288 and
located in the northwest quadrant of the intersection of
these roads. Tax IDs 733-680-Part of 9439; 734-678-2276; and
734-681-0526 and 3904.
Mr. Turner stated Mr. Warren has requested that Case 05SN0239
be deferred to March 12, 2008.
Mr. Andy Scherzer, the applicant's representative, stated the
deferral was acceptable.
Ms. Andrea Epps, representative of the Brandermill Community
Association, stated they supported the deferral in order to
allow more discussions with the applicant.
On motion of Mr. Warren, seconded by Ms. Durfee, the Board
deferred Case 05SN0239 to March 12, 2008.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
07SN0354 (Amended)
In Midlothian Magisterial District, NEW CINGULAR WIRELESS
PCS, LLC requests Conditional Use and amendment of zoning
district map to permit a communications tower in a
Residential (R-40) District. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for residential use of one (1) dwelling per acre
or less. This request lies on 9.7 acres fronting
approximately twenty-two (22) feet on the west line of James
River Road approximately 780 feet south of Riverton Ridge
Drive. Tax ID 728-725-Part of 6105.
Mr. Turner presented a summary
the Planning Commission and
subj ect to the conditions and
conditions.
of Case 07SN0354 and stated
staff recommended approval
acceptance of the proffered
08-27
Mr. Breenen Keene, the applicant's representative, stated the
recommendation was acceptable.
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved Case 07SN0354 subject to the following conditions:
1. The color and lighting system for the tower shall be as
follows:
a. The tower shall be gray or another neutral color,
acceptable to the Planning Department.
b.
The tower shall not be lighted.
(P)
2. Any building or mechanical equipment shall comply with
Sections 19-595 and 19-570 (b) and (c) of the Zoning
Ordinance relative to architectural treatment of
building exteriors and screening of mechanical
equipment. (P)
(NOTE: Section 19-570 (b) and (c) would require the
screening of mechanical equipment located on the
building or ground from adjacent properties and public
rights of way. Screening would not be required for the
tower or tower-mounted equipment.)
3.
The tower shall not exceed a height of 115 feet.
( P)
-
4. At such time that the tower ceases to be used for
communications purposes for a period exceeding twelve
( 12 ) cons ecu t i ve mon ths , the owner / deve 1 oper shall
dismantle and remove the tower and all associated
equipment from the property. (P)
And further, the Board accepted the following proffered
conditions:
New Cingular Wireless PCS, LLC, the applicant in this case
(the "Applicant"), pursuant to Section 15.2-2298 of the Code
of virginia (1950 as amended) and the zoning Ordinance of
Chesterfield County, for itself and its successors or
assigns, proffer that the development of the property known
as Chesterfield County Tax Identification Number 728-725-Part
of 6105 (the "Property") under consideration will be
developed according to the following conditions if, and only
if, the request for a conditional use is granted. In the
event the request is denied or approved with conditions not
agreed to by the Applicant, the proffers and conditions shall
irrunediately be null and void and of no further force or
effect. If the conditional use is granted, these proffers
and conditions will supersede all proffers and conditions now
existing on the Property.
-
In addition to conditions 2-5 contained in
Department's Staff Report for this request,
offers the following proffers and conditions:
the Planning
the Applicant
1.
Co-location.
communication
Except as provided below, any
tower shall be co-located on a lighting
structure for the athletic field as depicted on "Exhibit
A". Notwithstanding the foregoing or anything else to
the contrary, the Applicant shall have the option to
operate a temporary telecommunications facility (e.g. a
"C.O.W." or "cellon wheels") on the Property provided
that (i) such operation commences no earlier than
December 20, 2007 and no later than December 31, 2007,
(ii) such temporary facility ceases operations and is
removed from the Property on or before March 31, 2008 or
upon the completion of all work to collocate antennas on
the lighting structure, whichever occurs first, (iii)
such temporary facility does not use a back-up
electricity generator as its primary source of
electricity, and (iv) such temporary facility is
enclosed in a security fence at least six (6) feet In
height with three strands of barbed wire at the top of
such fence. (P)
2. Architectural Treatment of Ground-Based Equipment
She 1 ter. The permanent ground-based equipment shelter
(the "Shelter") exterior shall be covered with a brick
veneer siding that incorporates a color that is
generally consistent with the color of the block
material of the existing athletic field house located on
the Property. The roof of the Shelter shall be
constructed with an "A" frame pitched roof and shingled
wi th shingles that match in color and design of the
shingles on the existing athletic field house on the
Property. ( P)
(NOTE: This Proffer 2 is in addition to and supplements
Condition 3 contained in the Staff Report)
3.
Access Road. The access road from the existing parking
lot to the communications tower shall be paved with
asphal t or any other hard-surface material (other than
gravel) acceptable to the Planning Department. (P)
4.
Utilities. All cabling from the Shelter to the
communications tower shall be buried below grade. Any
cabling connecting to the equipment in the Shelter shall
be installed through the floor of the Shelter structure.
(P)
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
08SNOl18
In Bermuda Magisterial District, JOHNNIE MUNCY requests
Conditional Use and amendment of zoning district map to
permit a dwelling unit separated from the principal dwelling
unit in an Agricultural (A) District. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for residential use of 1-5 acre lots,
suited to R-88 zoning. This request lies on 1.1 acres and is
."......
known as 13200 Lewis Road. Tax ID 776-645-3571.
Mr. Turner presented a summary of Case 08SNOl18 and stated
the Planning Commission and staff recommended approval
subject to the conditions.
Mr. Johnnie Muncy, the applicant, stated the recommendation
was acceptable.
Mr. Warren called for public comment.
08-29
01/09/08
NO one came forward to speak to the request.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
approved Case 08SNOl18 and accepted the following conditions:
1.
2.
Ayes:
Nays:
Occupancy of the second dwelling unit shall be limited
to: the occupants of the principal dwelling unit,
individuals related to them by blood, marriage, adoption
or guardianship, foster children, guests and any
domestic servants. (P)
-'
For the purpose of providing record notice, prior to the
issuance of a building permit to convert the existing
garage structure into a dwelling unit, a deed
restriction shall be recorded setting forth the
limitation in Condition 1 above. ']~he deed book and page
number of such restriction and a copy of the restriction
as recorded shall be submitted to the Planning
Department. (P)
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
08SN0126
In Matoaca Magisterial District, ELEVEN OAKS, LLC requests
Conditional Use and amendment of zoning district map to
permi t horsE~ boarding, riding and training lessons and shows
associated with a stock farm in an Agricultural (A) District.
The density of such amendment will be controlled by zoning
condi tions or Ordinance standards. The Comprehensive Plan -'
suggests tht= property is appropriate for rural conservation
area use. This request lies on 56.4 acres fronting
approximately 10 feet on the south line of River Road
approximately 2,320 feet east of Black Road. Tax ID 711-642-
0774.
Mr. Turner presented a summary of Case 08SN0126 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Ms. Carrie Coyner, the applicant's representative, stated the
recommendation was acceptable.
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Ms. Durfee, seconded by Hr. Gecker, the Board
approved Case 08SN0126 and accepted the following proffered
conditions:
1.
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 permit has been
obtained from the Environmental Engineering Department
and the approved erosion control devices have been
installed. (EE)
--
08-30
n1 Inn Inn
2. Direct vehicular access from the property to River Road
shall be limited to one (1) entrance/exit. (T)
3. Prior to any site plan approval or wi thin ninety (90)
days of a written request by the Transportation
Department, whichever occurs first, forty-five (45) feet
of right of way adjacent to the property, measured from
the centerline of River Road, shall be dedicated free
and unrestricted for the benefit of Chesterfield County.
(T)
4. Horse boarding facilities and customary accessory uses
such as, but not limited to, riding lessons, grooming
services, training, pasture and barn areas, horse shows,
shall be permitted. (P)
5. There shall be no outside public address systems or
speakers. ( P)
6. All facilities and areas associated with the keeping of
horses, except for pasture areas, shall be setback a
minimum 0 f f if ty ( 50) feet from any property 1 ine and
from any existing or proposed public roads. (P)
7. All facilities and areas associated with the keeping of
horse (stables, pastures, etc.) shall be cleaned and
made free of waste on a regular basis. In addi tion,
means of eliminating any odor problems and propagation
of insects shall be employed.
8. A maximum of forty (40) horses may be boarded at anyone
time. (P)
9. There shall be no more than two (2) horse shows per
year. (P)
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
08SN0139
In Clover Hill Magisterial District, COLONY CROSSING LLC
requests amendment to Conditional Use Planned Development
(Case 86S117) and amendment of zoning district map to permit
a veterinary hospital. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
community mixed use uses. This request lies in a
Neighborhood Business (C-2) District on 5.7 acres fronting
approximately 720 feet on the west line of Charter Colony
Parkway approximately 700 feet south of Old Hundred Road.
Tax ID 728-691-0334.
--
Mr. Turner presented a summary of Case 08SN0139 and stated
the Planning Commission and staff recommended approval
subject to the condition.
Mr. Gary Gallagher, the applicant' s representative, stated
the recommendation was acceptable.
Mr. Warren called for public comment.
08-31
01/09/08
No one came forward to speak to the request.
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
approved Case 08SN0139 subject to the following condition:
In addition to those uses permitted by Case 86SNl17 within
the Medium Density Office/Commercial Retail (MDO/CR) Tract,
veterinary hospitals exclusive of outside runs shall be
permitted. (P)
(NOTE: This condition is in addition to the Textual ~
Statement, Item VI. E. 4, of Case 8 6S117 relative to permitted
uses in the MDO/CR Tract for the subject property.)
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
08SN0140
In Bermuda Magisterial District, ROGER H. HABECK requests
rezoning and amendment of zoning district map from Community
Business (C.-3) to General Business (C-5). The density of
such amendml::mt will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for general commercial use. This
request lies on 8.0 acres lying approximately 130 feet off
the west line of Jefferson Davis Highway, measured from a
point approximately 650 feet north of Chippenham Parkway.
Tax IDs 789-687-7442 and 8665.
Mr. Turner presented a summary of Case 08SN0140 and stated
the Planning: Commission and staff recommended approval.
Mr. Roger Habeck, the applicant, gave a brief explanation of
the request.
-"
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
approved case 08SN0140.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
08SN0142
In Matoaca Magisterial District, CENTEX HOMES requests
Conditional Use and amendment of zoning district map to
permit private recreational facilities on 2.9 acres of a
210.2 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
conservation/recreation and residential use of 2.0 units per
acre or less. This request lies in a Residential (R-9)
District and located in the northeast quadrant of the
intersection of Genito and Otterdale Roads. Tax IDs 714-687-
3037; 715-686-2343 and 9794; and 716-686-4016.
-"
Mr. Turner presented a summary of Case 08SN0142 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
08-32
MS. Penny Koch, the applicant's representative, stated the
recommendation was acceptable.
Mr. Warren called for public comment.
Ms. June Johnson Adams, an adjacent property owner, expressed
concerns relative to the location of the pool on the
property. She further stated she is concerned about area
roads and construction traffic.
No one else came forward to speak to the request.
In response to Ms. Durfee's questions, Ms. Koch stated the
pool is proposed to be located centrally on the property.
She further stated trees, open space, and residential homes
located with the subdivision would surround the pool.
On motion of Ms. Durfee, seconded by Mr. Gecker, the Board
approved Case 08SN0142 and accepted the following proffered
conditions:
The applicant and owners 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, proffers that the
development of the property known as Chesterfield County Tax
Identification Numbers 714-687-3037, 715-686-2343, 715-686-
9794 and 716-686-4016 (the "property") under consideration
will be developed according to the following conditions if,
and only if, the rezoning request for Conditional Use is
granted. In the event the request is denied or approved with
condi tions not agreed to by the applicant and owners, the
proffers and conditions shall be immediately be null and void
and no further force or effect.
1. Public Address. There shall be no outside public
address systems or speakers. (P)
2. Setback for Active Recreational Areas. with the
exception of playground areas which accommodate swings,
jungle gYms, or similar such facilities, all outdoor
play fields, courts, swimming pools and similar active
recreational areas 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 development of
indoor facilities and/or parking within the seventy-five
(75) foot setback. (P)
3. Buffer. Within the seventy-five (75) and fifty (50)
foot setbacks, a fifty (50) foot buffer shall be
provided along the perimeter of all active recreational
facilities except where adjacent to any existing or
proposed roads. This buffer shall conform to the
requirements of the Zoning Ordinance for fifty (50) foot
buffers. (P)
4. Setback for Playground Equipment. Any playground
equipment (i.e., areas accommodating swings, jungle gyms
or similar such facilities) shall be located a minimum
of forty (40) feet from all property lines. A forty
(40) foot buffer shall be provided along the perimeter
08-33
01/09/08
of these recreational facilities except where adjacent
to any existing or proposed roads. This buffer shall
conform to the requirements of the zoning Ordinance for
fifty (50) foot buffers. (P)
5. Identification on Record Plat. In conjunction with the
recordation of any lot adj acent to active recreational
area(s), such area(s) shall be identified on the record
plat along with the proposed recreational uses and
requirE~d condi tions . (P)
-'
Ayes:
Nays:
WarrE~n, Gecker, Jaeckle, Holland and Durfee.
None.
07SN0362
In Clover Hill Magisterial District, MT. GILEAD FULL GOSPEL
INTERNATIONl\L MINISTRIES requests Conditional Use and
amendment of zoning district map to permit a computer-
controlled, variable message, electronic sign. The densi ty
of such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for community mixed use uses. This
request lies in an Agricultural (A) District on 4.1 acres
lying approximately 970 feet off the north line of Hicks Road
across from Lockhart Road. Tax rD 759-694-Part of 3145.
Mr. Clay presented a summary of Case 07SN0362 and stated the
Planning Con~ission and staff recommended denial.
Minister Gerard Smith, general counsel for the applicant,
gave a brief overview of the request.
--
Mr. Warren called for public comment.
No one came forward to speak to the request.
Mr. Warren stated he had met with the 360 Corridor Committee
and was not made aware of any issues the Committee has with
the request.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
approved Case 07SN0362 and accepted the following proffered
conditions:
1. Any freestanding sign incorporating a computer-
controlled variable-message electronic sign shall be
located as depicted on the plan identified as "Exhibit
A" and shall not exceed a height of six (6) feet. (P)
2. Any conwuter-controlled variable-message electronic sign
shall be subject to the following standards:
a.
Copy shall be limi ted to a maximum of four (4)
lines which shall not move, but may fade;
--
b.
The message
sequenced to
(10) seconds;
or display shall be programmed
change no more than once every
or
ten
c. The copy display color shall ei ther be whi te or
yellow;
08-34
01/09/08
d. Flashing and traveling messages shall be
prohibited;
e. Bijou lighting and animation effects shall be
prohibited; and
f.
Except for nationally recognized
sign shall not be operational
electronic sign face component be
the hours of 11:00 PM and 6:00 AM.
holidays, such
nor shall the
lighted between
(P)
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
08SNOlll (Amended)
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 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.
MS. Peterson presented a summary of Case 08SN0111 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Ms. Carrie Coyner, the applicant's representative, thanked
Economic Development for their assistance with the request.
She stated the Urban Land Institute performed a study on the
Meadowville Technology Park. She further stated the request
is in line with the Urban Land Institute's recommendations
for the area. She stated the proposed development will
provide commercial retail for the Technology Park's employees
to utilize.
In response to Ms. Jaeckle's question, Ms. Coyner explained
that some residential property would be built throughout the
project.
Mr. Warren called for public comment.
No one came forward to speak to the request.
-
On motion of Ms. Jaeckle,
approved Case 08SNOll1
proffered conditions:
seconded by Mr. Gecker,
and accepted of the
the Board
following
The Owner-Applicant in this zoning case, pursuant to Section
15.2-2298 of the Code of Virginia (1950 as amended) and the
Zoning Ordinance of Chesterfield County, for itself and its
successors or assigns, proffers that the development of the
property known as Chesterfield County Tax IDs 823-659-3856,
6573, 9483, 824-659-2386, 5689, 8890, and 823-660-4049 from
1-2 with CUPD to C-5 with a Conditional Use to permit RMF and
08-35
01/09/08
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
reques t is denied or approved with conditions not agreed to
by the Applicant, these proffers and conditions shall be
immediately null and void and of no further force or effect.
1.
Master Plan. The textual statement last revised
November 19, 2007 shall be considered the Master Plan
along wi th two Conceptual Plans entitled "Master plan,
Meadowville Town Center" dated September 13, 2007, and
"Master Plan, Meadowville Town Center - Alternate" dated
September 20, 2007, both prepared by TirnmonsKelly
Architects. If existing Meadowville Road along the west
side of the Property is eliminated, the Property shall
be developed as generally depicted on the attached
Master Plan entitled "Master Plan, Meadowville Town
Center - Alternate" dated September 20, 2007, prepared
by TirrmonsKelly Architects, and as provided in the
Textual Statement and as set forth herein below unless
the Applicant and the Economic Development Authority of
the County of Chesterfield mutually agree on an
alternative location for New Meadowville Road. The two
plans shall hereinafter be referred to collectively as
the Master Plan. (P)
2. Utilities. Public water and wastewater systems shall be
used. (U)
3. Envirorrnental.
A.
For any development that drains to Johnsons Creek,
stormwater runoff shall be retained based upon the
t'ill70 (2) year, ten (10) year and 100 year post
dE!velopment condition and released based upon the
t'ill70 (2) year, ten (10) year, and 100 year pre-
development condition, respectively. Stormwater
runoff that is directed to the North toward the
ME!adowville Landing Subdivision shall be discharged
to an adequate outfall of sufficient size and
capacity to handle the post development discharge.
B. The developer shall follow the approved drainage
breaks for the parcels as shown on a plan titled
"JY[eadowville Stormwater Management BMP-MP Post
Developed Hydraulic Analysis," prepared by Timmons
Group, dated May 23, 2007, revised August 9, 2007.
(EE)
4. Transportation.
A.
Dedications. The following rights-of-way shall be
dedicated, free and unrestricted, to Chesterfield
County prior to any site plan approval, in
conjunction with recordation of the initial
subdivision plat or within sixty (60) days from the
date of a written request by the Transportation
Department, whichever occurs first:
l. Thirty~five (35) feet of right-of-way, on the
west side of North Enon Church Road measured
from the centerline of that part of North Enon
Church Road immediately adj acent to the
08-36
01/09/08
-
~
...-
Property.
ii. Thirty-five (35) feet of right-of-way on the
south side of Meadowville Road measured from
the centerline of that part of Meadowville
Road immediately adjacent to the Property from
North Enon Church Road to the Meadowville
Road/Deepwater Cove Drive intersection.
B. Road Improvements. In conjunction with the initial
development, the developer shall provide the
following improvements. The exact design of these
improvements shall be approved by the
Transportation Department.
l. Widening/improving on the south side of
Meadowville Road from the Meadowville
Road/Deepwater Cove Drive intersection to
North Enon Church Road to provide 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.
ii. Construction of additional pavement along
Meadowville Road at the approved accesses to
provide left and right turn lanes, if
warranted, based on Transportation Department
Standards.
III Relocation of the di tch to provide an eight
(8) foot wide unpaved shoulder along the west
side of North Enon Church Road for the entire
property frontage along North Enon Church
Road.
iv. Dedication to and for the benefit of
Chesterfield County, free and unrestricted, of
any additional right-of-way (or easement)
required for the improvements identified
above.
C Access
l.
Direct vehicular access from the Property to
Meadowville Road shall be limited to two (2)
entrance/ exi ts . The exact location of these
accesses shall be approved by the
Transportation Department.
~
ll. There shall be no direct vehicular access from
the Property to North Enon Church Road.
D. New Meadowville Road. If the Property is
developed in accordance with the "Master Plan,
Meadowville Town Center Alternate" Plan dated
September 20, 2007, prepared by TimmonsKelly
Architects, unless an alternative alignment is
08-37
01/09/08
determined based on Textual Statement General
Condition I(B), the Developer shall be responsible
for the following improvements and other
transportation improvements in Proffered Condition
4. The exact design of these improvements shall be
approved by the Transportation Department.
l
Dedication: Prior to any site plan approval,
in conjunction with recordation of the initial
subdivision plat or within sixty (60) days
from the date of a written request by the
Transportation Department, whichever occurs
firs t, a seventy (70) foot wide right-of-way
for a north/south collector ("New Meadowville
Road") from the Meadowville Road/Deepwater Cove
Drive intersection, through the Property to
the western Property line, as generally shown
on the Conceptual Plan entitled "Master Plan,
Meadowville Town Center Alternate" dated
September 20, 2007, shall be dedicated, free
and unrestricted, to Chesterfield County.
-
ll.. Road Improvements.
a.
Construction of a two-lane road for New
Meadowville Road, based on VDOT Urban
Collector Standards (40 MPH) with
modifications approved by the
Transportation Department, from the
Meadowville Road/Deepwater Cove
intersection, through the Property to the
western property line as generally shown
on the "Master Plan, Meadowville Town
Center - Alternate" Conceptual Plan. The
exact alignment of New Meadowville Road
right-of-way shall be approved by the
Transportation Department.
--
b. Construction of additional pavement along
existing Meadowville Road and New
Meadowville Road at each approved access
to provide left and right turn lanes, if
warranted, based on Transportation
Department standards.
c. Dedication to and for the benefit of
Chesterfield County, free and
unrestricted, of any additional right-of-
way (or easement) required for the
improvements identified above.
iii. Access. Prior to any site plan approval, an
access plan for New Meadowville Road shall be
submitted to and approved by the
Transportation Department. Vehicular access
from the Property to New Meadowville Road --
extended shall conform to the approved access
plan.
E. Phasing Plan. Prior to any site plan approval, a
phasing plan for t:he required road improvements, as
identified in Proffered Condition 4, shall be
submitted to and approved by the Transportation
Department. (T)
08-38
01/09/08
5. 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)
6. Cash Proffers.
-,
A. For all dwelling units initially constructed with
more than two (2) bedrooms 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 infrastructure
improvements within the service district for
the property:
1. $15,600 per dwelling unit, if paid prior to
July 1, 2007; or
2. The amount approved by the Board of
Supervisors not to exceed $15,600 per dwelling
uni t adj us ted upward by any increas e 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, 3007.
B. For all dwelling units initially constructed with
two or fewer bedrooms 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 infrastructure improvements
within the service district for the property:
1. $10,269 per dwelling unit, if paid prior to
July 1, 2007; or
2. 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.
C. Building plans submitted for building permits shall
designate the number of bedrooms in each dwelling
unit.
D.
Cash proffer payments
purposes proffered or
law.
shall be spent for the
as otherwise permitted by
E. If, upon the mutual agreement of the Transportation
Department and the Applicant the Applicant provides
road improvements ot:her than those road
improvements identified in Proffered Condi tion 4
(the "Improvements") , then the transportation
component in this Proffered Condition shall be
reduced by an amount not to exceed the cost to
08-39
n1 Ino Ino
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 Condi tion as adjusted for the
credi t. 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") . BE?fore any Work is
performed, the Applicant shall receive prior
written approval by the Transportation Department
for the Improvements and any credit amount.
-
F.
Sho'.lld Chesterfield County impose impact fees at
any time during the life of the development that
are applicable to the property, the amount paid in
cash proffers shall be in lieu of or credited
toward, but not in addition to, any impact fees, in
a manner as determined by' the County. If
Chesterfield should adopt a "workforce" or
"affordable" housing program which eliminates or
permi ts a reduced cash proffer, the cash proffer
for any dwelling unit on thE~ Property that is
designated as "workforce" or "affordable" housing,
that meets all the requirements of the adopted
"workforce" or "affordable" housing program, and
for which a cash proffer has not yet been paid
shall be adjusted to be consistent with the
approved "workforce" or "affordable" housing
pr09ram. (B & M)
"
-
7.
The total number of dwelling units shall not exceed four
hundred ( 400). ( P )
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
07SN0356
In Midlothian Magisterial District, GOODE LAND COMPANY
requests rezoning and amendment of zonin;J district map from
Residential (R-7) and Community Business (C-3) to Community
Business (C-3) 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 village shopping district use
uses. This request lies on 2.7 acres and is known as 13217
Midlothian Turnpike. Tax ID 731-707-2423.
'-'
Ms. Peterson presented a summary of Case 07SN0356 and stated
the Planning Commission recommended approval and acceptance
of the proffered conditions. She stated that staff
recommended approval of the rezoning subject to the applicant
addressing concerns relative to architectural treatment and
dri ve- in windows and recommended denial of the Conditional
Use Planned Development.
08-40
Mr. Jim Theobald, the applicant's representative, stated the
recommendation is acceptable.
Mr. Warren called for public comment.
Ms. Amy Satterfield, Executive
Midlothian Coalition, stated she
further stated the applicant
Coalition had.
Director of Village
supported the request.
has addressed issues
of
She
the
No one else carne forward to speak to the request.
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved Case 07SN0356 and accepted the following proffered
conditions:
The property owner and applicant in this rezoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County,
for themselves and their successors or assigns, proffer that
the property under consideration will be developed according
to the following proffers if, and only if, the rezoning
request submitted herewith is granted with only those
condi tions agreed to by the owner and applicant. In the
event this request is denied or approved with conditions not
agreed to by the owner and applicant, the proffers shall
immediately be null and void and of no further force or
effect.
1. Master Plan. The Textual Statement dated July 30, 2007
shall be considered the Master Plan. (P)
2. Architecture. The architectural treatment of buildings
constructed on the Property shall be generally
consistent with Colonial Revival Architecture, unless
otherwise requested by the developer and specifically
approved by the Planning Commission at time of site plan
approval. (P)
3. Fence. A decorative metal fence shall be constructed
along Midlothian Turnpike exclusive of the entranceway.
The fence shall have brick piers with concrete caps.
(P)
4. Sidewalk.
a. In conjunction with the initial development of the
Property, the developer shall construct a sidewalk
to VDOT standards along Midlothian Turnpike (Route
60) for the entire property frontage, and dedicate
to Chesterfield County, free and unrestricted, any
additional right-of-way (or easements) required for
this improvement. The exact design and location of
this improvement shall be approved by the
Transportation Department. There shall be a
minimum five (5) foot wide grassy strip from the
back of curb to the sidewalk.
b.
A sidewalk
limits of
pedestrian
developments.
shall be constructed
Tax ID 731-706-3947
connection between
(P)
to the northern
to facilitate
the proposed
5. Access. Direct vehicular access from the Property to
Midloth:Lan Turnpike (Route 60) shall be limited to one
(1) entrance/exit, generally located towards the eastern
property line. The exact location of this access shall
be approved by the Transportation Department. Prior to
any site plan approval, an access easement, acceptable
to the Transportation Department, shall be recorded
across ~he Property to provide shared use of this access
with adjacent property to the east, west and south. (T)
6.
Notification. The developer shall be responsible for
notifying by registered, certified or first class mail,
the last known representative on file with the Planning
Departml2nt of the Village of Midlothian Volunteer
Coali tion of any site plan. Such noti fication shall
occur as soon as practical, but in no event less than
twenty-one (21) days prior to approval or disapproval of
the pla.n. The developer shall provide a copy of the
notification letter(s) to the Planning Department. (P)
-
7 . Street Lights. The developer shall be responsible for
installation of decorative street lighting similar in
design to the light fixture specified in The Midlothian
village Technical Manual which shall be provided along
all public roads adjacent to the site. Spacing shall be
approximately eighty (80) feet on center. All on-site
freestanding street light fixtures shall be compatible
with the aforementioned street lights. (P)
8. Utilities. The public wastewater system shall be
utilized. (U)
9.
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)
-'
10. Uses.
a. Uses shall not be open to the public between the
hours of midnight and 6:00 a.m.
b. Uses shall be limited to those uses permitted by
right or with restrictions in the Neighborhood
Business (C-2) District plus the following uses:
l. cocktail lounges provided that they are
accessory to a restaurant;
ii. liquor stores;
lll. restaurants, to include carry out and fast
food;
lV. electrical, plumbing HVAC sales and display
rooms; and
v. microbreweries provided that the manufacturing
of alcoholic beverages shall be for the sole
purpose of on-site consumption and such on-
site consumption shall only occur if accessory
to a restaurant use.
c. The following uses shall be prohibited:
Vl. gasoline sales;
Vll. coin-operated
laundromats;
viii. rental of health
small home hardware,
lX. cigarette outlets;
electrical, plumbing and HVAC service;
Xl. funeral homes or mortuaries; and
xii. motor vehicle accessory stores. (P)
dry
cleaning,
laundry
or
and party equipment;
tools and equipment;
and
X.
11. Drive-Through Windows. There shall be no drive-through
window on the fa~ade of any building which drive-through
would be parallel and adjacent to Midlothian Turnpike.
Any drive-through window located on the side of a
building, and located in front of the front plane of any
building adjacent thereto on adjacent properties, shall
be covered by a porte-cochere. Fast food restaurants
shall not have drive through windows, excluding,
however, restaurants with drive through windows whose
primary business (a minimum of fifty (50) percent of its
gross receipts) is the sale of special ty coffee
beverages, as well as ground and unground coffee beans.
(P)
12.
Parking. There shall be
Turnpike and the fa~ade
Midlothian Turnpike. (P)
no parking between Midlothian
of any building adjacent to
13.
Retaining Walls. No individual retaining wall on the
south side of the Property shall exceed five (5) feet in
height.
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
08SN0124
In Dale Magisterial District, RICHMOND KICKERS YOUTH SOCCER
CLUB, INC. requests amendment to Conditional Use Planned
Development (Case 87SN0133) to permit indoor/outdoor
recreation uses and related requirements relative to, but not
limited to, open space, height and setbacks and amendment of
zoning district map. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
regional mixed use uses. This request lies in a Corporate
Office (0-2) District on 52.6 acres lying on the north line
of Ridgedale Parkway; also fronting approximately 2,870 feet
on the southwest line of Chippenham Parkway west of Iron
Bridge Road. Tax IDs 774-689-Part of 6684; 775-689-1840,
2972 and 8931; and 776-688-0199 and 5379.
Mr. Clay presented a summary of Case 08SN0124 and stated the
Planning Commission recommended approval and acceptance of
the proffered conditions. He further stated staff
recommended approval and acceptance of the proffered
conditions subject to the applicant addressing concerns
relative to a computer-controLled, variable message
electronic sign.
na_A":l
Mr. Jeff
background
stated the
local high
Geiger, the applicant's representative, gave a
of Richmond Kickers Youth Soccer Club. He further
applicant is willing to allow use of the fields by
school athletic groups.
Mr. Warren called for public comment.
No one carne forward to speak to the request.
On motion of Mr. Holland, seconded by Mr. Gecker, the Board
approved Case 08SN0124 and accepted the following proffered --
conditions:
The property owners and applicant in this rezoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County,
for themselves and their successors or assigns, proffer that
the development of the property under consideration will be
developed according to the following proffer if, and only if,
the rezoning request submitted herewith is granted with only
those conditions agreed to by the owners and applicant. In
the event this request is denied or approved with conditions
not agreed to by the owners and applicant, the proffers shall
immediately be null and void and of no further force or
effect.
THE FOLLOWING CONDITIONS, IN ADDITION TO THE CONDITIONS OF
CASE NO. 87:3133 AS AMENDED HEREIN, SHA.LL ONLY APPLY TO THE
DEVELOPMENT OF OUTDOOR RECREATIONAL FACILITIES INCLUDING, BUT
NOT LIMITED TO, A SOCCER COMPLEX, WHICH MAY INCLUDE A STADIUM
AND PLAYING FIELDS ENCLOSED BY A BUBBLE-STYLE ENCLOSURE, AN
ASSOCIATED JI1EDICAL CLINIC, AND ACCESSORY AND RELATED USES
(THE "FACILITIES") AS PERMITTED AND REGULATED PURSUANT TO THE
AMENDED CUPD REQUESTED HEREWITH. TO THE EXTENT SUCH
FACILITIES ;~RE NOT DEVELOPED, THE CONDITIONS OF CASE NO.
87S133 SHALL CONTINUE TO APPLY.
-
1. Master Plan. The Textual Statement revised November 15,
1988 and as further revised on October 12, 2007, shall
be considered the Master Plan. (Note: this condition
supersedes Board Imposed Condition 1 of Case No.
87S133.) (P)
2.
Setback Along Chippenham Parkway. wi thin this required
forty (40) foot setback along Chippenham Parkway,
existing high story trees shall be preserved in addition
to required landscaping of the Corridor Overlay District
standards. A conceptual landscaping plan depicting this
requirement shall be submitted to the Planning
Commission for approval in conjunction with the first
schematic plan review. Within sixty (60) days of rough
clearing and grading for any site adjacent to the
setback, a detailed landscaping plan shall be submitted
to the Planning Department for approval. (Note: this
condition supersedes Board Imposed Condition 17 of Case
No. 87S133.) (P)
-'
3. Deletion of Conditions. Board Imposed Conditions 9 and
20 of Case No. 87S133 are hereby deleted. (P)
4. Right of Way Dedications. Proffered Condition 2 of Case
No. 878133 is hereby deleted. (T)
5. Stub Road. Proffered Condition 7 of Case No. 87S133 is
hereby deleted. (T)
6. Electronic Changeable Copy Signs. Except for
scoreboards, any computer-controlled variable message
electronic signs, which are visible from off the
Property, shall be subject to the following standards:
a. copy shall be limited to a maximum of two (2) lines
which shall not move, but may fade;
b.
the message
sequenced to
( 10) seconds;
or display shall be programmed or
change no more than once every ten
c. the copy display color shall either be red, white,
or yellow;
d.
flashing and
prohibited; and
traveling
messages
shall
be
e. bijou lighting and animation effects shall be
prohibited. (P)
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
08SN0125
In Dale Magisterial District, DOST LLC requests amendment of
Conditional Use Planned Development (Case 02SN0213) and
amendment of zoning district map to permit recreational
establishments and schools. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for general industrial use. This request lies in
a General Industrial (1-2) District on 7.8 acres located in
the northwest quadrant of the intersection of Landfill Drive
and Iron Bridge Road. Tax ID 773-657-5505.
Mr. Clay presented a summary of Case 08SN0125 and stated the
Planning Commission recommended approval and acceptance of
the proffered conditions and staff recommended denial.
Ms. Carrie Coyner, the applicant's representative, stated
this a unique case. She stated by approving this request,
the Board would be allowing two new businesses to operate in
Chesterfield County. She further stated the applicant is not
requesting rezoning, but simply asking for amendments to a
conditional use.
Mr. Warren called for public comment.
No one carne forward to speak to the request.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
approved Case 08SN0125 and accepted the following proffered
conditions:
The Owner-Applicant in this zoning case, pursuant to Section
15.2-2298 of the Code of Virginia (1950 as amended) and the
Zoning Ordinance of Chesterfield County, for itself and its
08-45
~"
successors or assigns, proffers that the development of the
property known as Chesterfield County Tax ID 773-657-5505
will be developed as set forth in Case No. 02SN0213 and as
set forth below; however, in the event the request is denied
or approved with conditions not agreed to by the Applicant,
these proffers and conditions shall be immediately null and
void and of no further force or effect.
1.
The at:tached plan labeled Exhibit
considered the Master Plan. (P)
"A"
shall
be
~
2.
In addition to the currently permitted uses,
following uses shall be permitted:
the
(a) Recreational establishments, commercial indoor
and outdoor; however any outdoor recreational
establishment shall only be permitted when enclosed
by a fence and as shown on the attached Master Plan
in the area outlined in bold and designated as
"Outdoor Recreation".
(b) Schools commercial, trade,
business, vocational and training.
music,
(P)
dance,
3. Any indoor recreational use and school use shall be
located in the building designaced as "Main Office
Building" as shown on the attached Master Plan. (P)
(STAFF NOTE: The proffered conditions
only to recreational and school uses.
of Case 02SN0213 remain applicable.)
stated herein, apply
All other conditions
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
-
08SN0143
In Dale Magisterial District, IRON BRIDGE HOLDINGS, LLC
requests rezoning and amendment of zoning district map from
Residential (R-15) to Neighborhood Business (C-2). The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests thE~ property is appropriate for residential use of
1. 0-2.5 dwelling units per acre. This request lies on 0.4
acre fronting approximately 110 feet on the north line of
Deerfield Drive approximately 250 feet west of Iron Bridge
Road. Tax ID 768-664-7853.
Ms. Peterson presented a summary of Case 08SN0143 and stated
the Planning Commission recommended approval and acceptance
of the proffered conditions. She stated staff recommended
approval subject to the applicant addressing landscaping
along Deerfield Drive to minimize views of the proposed
development from adjacent residential properties.
Mr. Jeff Collins, the applicant'S representative, stated the
recommendation is acceptable as presented.
'-
Mr. Warren called for public comment.
No one carne forward to speak to the request.
On motion of Mr. Holland, seconded by Mr. Gecker, the Board
approved Case 08SN0143 and accepted the following proffered
condition:
Uses on the property shall be limited to:
a. All uses permitted by right or with restrictions in
the Neighborhood Office (0-1) District.
b. Eyewear sales and service associated with an
optometrist or ophthalmologist office. (P)
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
08SN0144
In Matoaca Magisterial District, ALLEN M. TWEDT C/O HOLIDAY
SIGNS, INC. 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 community mixed use uses. This request lies in a General
Business (C-5) District on 5.2 acres fronting approximately
400 feet on the north line of Hull Street Road approximately
1,160 feet west of Woodlake Village parkway. Tax ID 718-671-
9062.
Ms. Peterson presented a summary of Case 08SN0144 and stated
the Planning Commission recommended approval and acceptance
of the proffered conditions. She stated that staff
recommended denial.
In response to Mr. Warren's question, Ms. Peterson explained
she was unaware of how many electronic signs are located
along Route 360.
Mr. Allen Twedt, the applicant, stated the Planning
Commission's recommendation was acceptable.
Mr. Warren called for public comment.
No one carne forward to speak to the request.
In response to Ms. Durfee's question, Mr. Twedt stated the
business is located approximately 150 feet off of Route 360.
Ms. Durfee suggested staff revisit the Computer-Controlled,
Variable Message Electronic Sign Policy.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
approved case 08SN0144 and accepted the following proffered
condition:
In addi tion 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
sequenced to
(10) seconds;
or display shall be programmed or
change no more than once every ten
c. The copy display color shall either be white or
yellow;
d.
Flashing and traveling
prohibited; and
messages
shall
be
08-47
n1/nQ/nR
e. Bi:iou lighting and animations effects shall be
prohibited. (P)
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
Mr. Warren requested a five-minute recess.
Reconvening:
17. PUBLIC HEARING
o 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
Deputy County Attorney Jeff Mincks stated legislation was
adopted at the 2007 General Assembly session giving
locali ties .che 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 a number of
issues have developed, including whether to include
corrunercial industrial development; inclusion of lots that
have already corrunitted 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. He stated in response to
the number of issues that have developed it is recommended
not to include commercial industrial development or cash
proffer lots; family subdivisions would not be included;
housing under $200,000 constructed by non-profit entities
would be exempted; and impact fees would only be placed on
newly created lots within small lot subdivisions, not all of
the original lots. He further stated the average amount of
cash proffers being collected is $3,200. He stated staff
recommends the impact fee be placed at $5,820. He explained
that staff is requesting the Board to adopt the Road
Improvement plan as an amendment to the Comprehensive Plan,
which is a proj ection of road improvement needs for twenty
years, and to adopt the Impact Fee Ordinance as revised.
Mr. Warren called for public comment.
Ret. Lt. Col. Robert S. Bruce expressed concerns regarding
the Impact Fee amendment, stating it was unfair.
Mr. Paul Barr, spoke in
amendment that would limi t
workforce housing.
opposition in regards to the
the ability to build affordable
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Ms. Andrea Epps, representative of Impact Fee Committee,
stated the committee requests the Board defer or remand the
Impact Fee amendment to the Planning Commission indicating
that one concern the committee has is the methodology of
calculating the credits.
Ms. Brenda Stewart, a county ci tizen, urged the Board to
defer action for at least 60 days. She stated there are
areas within the amendment that need to be addressed before
adoption, such as the language used in the Ordinance. She
inquired about the justification of having one part of the
county paying for the roads for another part of the county.
Mr. George Emerson, an Impact Fee Committee member, expressed
concerns relative to the inaccuracy of the notification
process.
Mr. Jim Theobald expressed concerns with the property owners
that have not built on their property being hurt by this
amendment. He suggested this issue be deferred or remanded
to the Planning Commission.
Ms. Kimberly Sanchez, an 18-year resident of Chesterfield
County, homebuilder and business owner, spoke in opposition
of the Impact Fee Ordinance. She explained that adding an
additional fee to the cost of new homes will eliminate low-
cost housing within the county.
Mr. Bob Schrum, a county citizen, spoke in opposition to the
Impact Fee amendment. He stated the lots affected by the
amendment have generated sufficient funds through taxes
because the lots do not generate an impact on public
facilities.
Mr. Jeff Collins, a Dale district resident, spoke in
opposition to the Impact Fee amendment. He stated it is not
fair and equitable. He further stated everyone uses the
roads in Chesterfield County, so everyone should pay for the
roads.
In response to Mr. Warren's question,
Stafford County has raised about
implementing their impact fee system
start up expense.
Mr. Mincks
$2 million
in 2 003 wi th
stated
since
a high
In response to Ms. Durfee's question, Mr. Mincks stated they
used a phasing system in Stafford County.
In response to Mr. Warren's question,
adopting urban development areas is not
adopting the amendment at this time.
Mr. Mincks stated
a prerequisite for
In response to Mr. Warren's question, Mr. McCracken stated
the intent is to use sheds in the implementation process. He
also stated it is difficult to predict the amount of cash
flow that may be generated from a program.
Discussion ensued relative to the percentage of units out of
the annual volume of building permit activity that are paying
a cash proffer.
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Ms. Jaeckle stated she is concerned about the amendment and
is worried about what the impact fee would do to the
revitalization of older areas of the county.
Mr. Gecker stated approval of the Impact Fee amendment
without an overall Comprehensive Plan is improper.
Mr. Warren stated the county does have a Transportation Plan
and the Chairman presents the information to the Virginia
Department of Transportation annually.
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On motion of Ms. Durfee, seconded by Mr. Holland, the Board
deferred the request 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 to February 13, 2007
Ayes:
Nays:
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
19.
FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
20 . ADJOURNMENT
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
adjourned at 9: 52 p.m. until January 22, 2007 for a dinner
meeting with the county's legislative delegation at the Bull
and Bear Club.
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Arthur S. Warren
Chairman
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