2008-01-23 MinutesBOARD OF SUPERVISORS
MINUTES
January 23, 2008
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Supervisors in Attendance: Staff 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
Ms. Karen A. Aylward, Dev.
Mgr., Economic Development
Ms. Janice Blakley,
Clerk to the Board
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Jana Carter, Dir.,
Juvenile Services
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Barry Condrey, Chief
Information Officer
Mr. Roy Covington, Dir.,
Utilities
Mr. Jonathan Davis, Dir.,
Real Estate Assessments
Mr. Will Davis, Dir.,
Economic Development
Ms. Rebecca Dickson, Dep.
County Administrator,
Human Services
Colonel Thierry Dupuis,
Police Department
Mr. 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
Ms. Kathryn Kitchen, Asst.
Supt. of Schools for
Business and Finance
Mr. Louis Lassiter, Dir.,
Internal Audit
Mr. Michael Likins,
Coop. Extension Director
Ms. Mary Lou Lyle, Dir.,
Accounting
Mr. Mike Mabe, Director,
Libraries
Chief Paul Mauger,
Fire Department
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Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Dr. William Nelson,
Dir., Health Dept.
Dr. Marcus Newsome,
Supt., Chesterfield
County Schools
Chief Deputy, Donald Newton
Sheriff's Department
Mr. M. D. Stith, Jr.,
Deputy County Admin.,
Community Development
Mr. Kirk Turner, Dir.,
Planning
Mr. Warren called the regularly scheduled meeting to order at
3:06 p.m.
1. APPROVAL OF MINUTES FOR JANUARY 9, 2008
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
approved the minutes of January 9, 2008, as amended.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
o PRESENTATION REGARDING THE INSURANCE SERVICE OFFICE REVIEW
OF CHESTERFIELD COUNTY FIRE AND EMERGENCY MEDICAL SERVICES
Chief Mauger presented the findings of the Insurance Service
Office's Review of Chesterfield County Fire and Emergency
Medical Services to the Board. He stated Chesterfield Fire
and Emergency Services was placed in the top 130 of fire
departments within the country and in the top 4~ in Virginia,
which in turn will reduce homeowners' fire insurance
premiums. He explained the process for evaluating fire
departments throughout the nation. He stated the evaluation
process has shown the department some areas for improvement,
and staff is currently working on a process to achieve a
better rating.
Mr. Warren and Mr. Holland congratulated Chief Mauger on the
progress of the Fire and Emergency Services Department.
Ms. Durfee expressed appreciation for the initiative taken by
the staff of the Fire Department.
3. BOARD MEMBER REPORTS
Mr. Holland briefed the Board on the new aquatics center and
additional soccer fields to be located in the Dale District
in the vicinity of Iron Bridge Road and Chippenham Parkway.
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4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, OR
CHANGES IN THE ORDER OF PRESENTATION
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There were no requests at this time.
5. RESOLUTIONS
o RECOGNIZING THE OWNERS AND EMPLOYEES OF OLD DOMINION
INSULATION CORPORATION FOR THEIR GENEROUS DONATION TO THE
SENIOR CENTER AT THE EPISCOPAL CHURCH OF OUR SAVIOR
Mr. Golden introduced the employees of Old Dominion
Insulation and members of the senior center at the Episcopal
Church of Our Savior.
On motion of the Board, the following resolution was adopted:
WHEREAS, senior centers provide for wholesome, leisure,
lifestyle activities for the enjoyment of the senior adult
county residents; and
WHEREAS, the Episcopal Church of Our Savior has provided
use of their church to house the senior center; and
WHEREAS, the owners and employees of Old. Dominion
Insulation voluntarily provided $20,000 worth of services and
materials to renovate the Episcopal Church of Our Savior,
which allowed for adequate accommodations for a senior center
to operate; and
WHEREAS, these services and materials included
renovation of bathrooms to make them handicapped accessible,
renovation of the kitchen, new flooring and carpet, new
lighting, wall demolition and interior painting; and
WHEREAS, Roddy Davoud, Jeff Davoud, Chris Dovoud and
Scott Armstrong volunteered their time and expertise to
ensure that the project was done in an excellent manner.
NOW, THEREFORE, -BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 23rd day of January 2008,
publicly recognizes the owners and employees of Old Dominion
Insulation for their generous contribution to the senior
center at the Episcopal Church of Our Savior.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Old Dominion Insulation
Corporation and that this resolution be permanently recorded
among the papers of this Board of Supervisors of Chesterfield
County, Virginia.
Mr. Warren expressed appreciation to the employees of Old
Dominion Insulation for the charitable contributions made to
the senior center at the Episcopal Church of Our Savior.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
Mr. Warren presented the executed resolution to Mr. Jeff
Davoud and thanked the employees of Old Dominion Insulation
for their generous donation.
Mr. Jeff Davoud thanked the Episcopal Church of Our Savior
for the opportunity to work on this project.
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6. WORK SESSION
O PROPOSED FY2009-2014 CAPITAL IMPROVEMENT PROGRAM
Mr. Carmody provided a summary of the objectives of the CIP
and upcoming challenges, and an update on the 2004 bond
projects. He then presented an overview of the proposed
FY2009 - 2014 Capital Improvement Program. He reviewed a
comparison of debt ratio and debt service expenditures and
the composition of the proposed CIP. He reviewed proposed
CIP county only revenue and expenditure summaries. He then
provided details of projects and project allocations
designated for Libraries, Parks and Recreation, Health and
Social Services, Public Safety, and regional projects.
In response to Ms. Durfee's question, Mr. Carmody explained
the process of prioritization of projects needing funding.
Mr. Gecker inquired about the decisions that have been made
to keep the 2004 referendum projects on track.
In response to Mr. Gecker's question, Mr. Carmody stated
staff would look into accelerating the sale of the bonds to
benefit from the construction costs at this time.
Ms. Durfee requested Mr. Carmody to examine the actual
construction costs at this time and to keep the Board
updated.
Mr. Stegmaier stated staff will work .with the Board and
School Board on current projects and reevaluate which
projects can be brought forward.
7. DEFERRED ITEMS
o CREATION OF THE BOARD OF SUPERVISORS' MULTI-CULTURAL
ADVISORY COMMISSION
Mr. Stith presented an overview of the proposed Multi-
cultural Advisory Commission and suggested that the Board
advise the commission regarding actions that need to be
taken.
Mr. Gecker stated he supports instituting the commission for
a year. He suggested that the commission study the needs of
the county and present the findings to the Board.
Ms. Jaeckle expressed concerns relative to the ambiguity of
the commission's objectives.
In response to Board member's questions, Mr. Stith presented
the Board with some of his experiences on similar commissions
within the county. He stated this would be an excellent tool
to help with economic development within the county. He
further stated members of the Asian and Muslim communities
have contacted him expressing interest in the commission.
Mr. Holland stated he supports the commission. He further
stated forming the commission would facilitate communication
and understanding among citizens.
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In response to Ms. Durfee's question, Mr. Stith explained the
commission would address issues brought up at the public
hearing on immigration and report back to the Board.
Ms. Jaeckle stated she would like to see more specifics on
what is trying to be accomplished.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved the creation of a Multi-Cultural Advisory Commission
and directed the commission 'to form goals and objectives and
report back to the Board.
Ayes: Warren, Gecker, Holland and Durfee.
Nays: Jaeckle.
8. NEW BUSINESS
8.A. AUTHORIZATION TO PURCHASE THE GROUND LEASE AT
CLOVERLEAF MALL FROM MILLMAR PARTNERSHIP, L.P.
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Assistant County Attorney Tara McGee provided details of
actions being requested of the Board to authorize the
purchase of the ground lease at Cloverleaf Mall. She stated
the sale and approval of the contract would complete the
acquisition of all property at Cloverleaf Mall and would also
settle a pending lawsuit. She further stated Millmar
Partnership, L.P. offered the same purchase contract back to
the current Board as was offered to the former Board, with
certain extensions of time. She stated the purchase price in
the contract presented today is $7,250,000, but the delay in
closing has caused an interest component to take effect such
that there is now $116,800 in interest on the purchase price.
She requested that, if the Board acts favorably on this item,
the Board also set a closing date of May 23, 2008. She
stated going forward with the purchase would terminate the
county's obligation to make the ground lease payments. She
further stated the sale contract with Crosland Investments,
LLC, pursuant to which Crosland would purchase the mall
properties at the county's purchase price, has three
contingencies, the first of which is the county's acquisition
of the ground lease and the other two contingencies are the
rezoning of the property in a manner acceptable to both
parties, and an agreement on any economic incentives, if
necessary.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved this item authorizing the purchase of the ground
lease at Cloverleaf Mall as follows: authorized the County
Administrator to execute a purchase and sale agreement for
the purchase of Millmar Partnership, L.P.'s interest in the
approximately 43-acre Cloverleaf Mall parcel; authorized the
County Administrator to send Millmar Partnership, L.P. notice
of a May 23, 2008 closing date; authorized the County
Administrator to execute an assignment of the county's
interest in the purchase and sale agreement to the Economic
Development Authority of the County of Chesterfield; approved
an increase in the note between the Economic Development
Authority and Wachovia Bank in an amount sufficient to fund
the purchase price and closing costs, but not to exceed $7.37
million; and authorized an amendment to the contract with
Crosland Investments, LLC which permits a closing beyond June
30 on the ground lease, if necessary.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
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8.B. CONSENT ITEMS
8.B.1. ACCEPTANCE OF AN EDWARD BYRNE MEMORIAL GRANT AND
APPROPRIATION OF FUNDS .FOR PERSONNEL. EXPENSES OF THE
COMMUNITY CORRECTIONS SERVICES DAY REPORTING CENTER
On motion of Mr. Gecker, seconded Ms. Durfee, the Board
accepted and appropriated $97,194 in Edward Byrne Memorial
Grant funds for personnel expenses of the Community
Corrections Services Day Reporting Center.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B.2. AWARD OF CONSTRUCTION CONTRACT FOR FALLING CREEK
FARMS SECTION F DRAINAGE IMPROVEMENTS PHASE I
On motion of Mr.. Gecker, seconded by Ms. Durfee, the Board
awarded a construction contract for Falling Creek Farms
Section F Drainage Improvements Phase 1 to Godsey and Sons in
the amount of $37,638.10 and authorized the County
Administrator to execute any necessary documents.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B.3. APPROPRIATION OF JUVENILE ACCOUNTABILITY BLOCK GRANT
FUNDS FROM THE DEPARTMENT OF CRIMINAL JUSTICE
CFRVTCFC
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized Human Services Administration to receive $38,267
in Juvenile Accountability Block Grant funds from the
Department of Criminal Justice Services and authorized an
increase in appropriations by $38,267.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B.4. AWARD ARCHITECTURAL DESIGN CONTRACT TO ACA ARCHITECTS
FOR THE DESIGN OF FIRE STATION 22 (COURTHOUSE ROAD
AND. ROUTE 288)
In response to Mr. Gecker's question, Mr. Stegmaier stated
staff would look into the requirements the fire station would
have to meet to achieve LEED Certification.
Mr. Warren requested that staff present information to the
Board regarding cost of achieving LEED Certification.
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
awarded an architectural design contract to ACA Architects
for the design of a new fire station near the intersection of
Courthouse Road and Route 288 in the amount of $289,901.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
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8.8.5. ACCEPTANCE OF PARCELS OF LAND
8.B.5.a. ALONG IRON BRIDGE ROAD AND FOR KINGSLAND ROAD FROM
WATERMARK PARTNERS, LLC
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On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted conveyance of two parcels of land containing a total
of 4.238 acres along-Iron Bridge Road (State Road 10') and for
Kingsland Road from Watermark Partners, LLC, and authorized
the County Administrator to execute the deed. (It is noted
copies of the plats are filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B.5.b. ALONG THE WEST RIGHT OF WAY :.LINE OF WOODS EDGE ROAD
FROM BETHESDA BAPTIST CHURCH
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted conveyance of a parcel of land containing 0.007
acres along the west right of way line of Woods Edge Road
from Bethesda Baptist Church, and authorized the County
Administrator to execute the deed. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B.5.C. ALONG THE EAST RIGHT OF WAY LINE OF ENON CHURCH
ROAD FROM J. CARL MORRIS
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted conveyance of a parcel of land containing 0.20 acres
along the east right of way line of Enon Church Road (State
Route 746) from J. Carl Morris, and authorized the County
Administrator to execute the deed. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B.5.d. ALONG THE EAST RIGHT OF WAY LINE OF OTTERDALE ROAD
AND THE NORTH RIGHT OF WAY LINE OF GENITO ROAD FROM
JAMES F. TRACKER AND PAULANNE H. TRACKER, STEPHEN
W. CAUDILL AND LORI T. CAUDILL, CAROL T. SHUMAKER,
F. ASHBY STINSON AND ALYSON T. STINSON
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted conveyance of two parcels of land; one containing
4.175 acres along the east right of way line of Otterdale
Road (Route 667); and one containing 2.891 acres along the
north right of way line of Genito Road (Route 604) from James
F. Thacker and Paulanne H. Thacker, Stephen W. Caudill and
Lori T. Caudill, Carol T. Shumaker, F. Ashby Stinson and
Alyson T. Stinson, and authorized the County Administrator to
execute the deed. (It is noted copies of the plats are filed
with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
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8.B.5.e. FOR THE SUNNYBROOK WASTEWATER PUMP STATION
REPLACEMENT FROM COLONY POINTE, LLC
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted conveyance of a parcel of .land for .the Sunnybrook
Wastewater Pump Station replacement, and .authorized the
County Administrator to execute the deed. (It is noted a
copy of the plat is filed with the papers of .this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B.6. REQUESTS TO ,QUITCLAIM
8.B.6.a. A PORTION OF A VARIABLE WIDTH VIRGINIA DEPARTMENT
OF TRANSPORTATION SIGHT DISTANCE EASEMENT ACROSS
THE PROPERTY OF C. V. SHANBHAG
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a variable width Virginia Department of
Transportation sight distance easement across the property of
C. V. Shanbhag. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B.6.b. A PORTION OF A VARIABLE WIDTH VIRGINIA DEPARTMENT
OF TRANSPORTATION SIGHT DISTANCE EASEMENT ACROSS
THE PROPERTY OF FRONTIER MIDLOTHIAN LLC
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a variable width Virginia Department of
Transportation sight distance easement across the property of
Frontier Midlothian LLC. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B.6.C. A PORTION OF A SIXTEEN-FOOT WATER EASEMENT ACROSS
THE PROPERTY OF PRE CON INCORPORATED
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 16-foot water easement across the property of
Pre Con Incorporated. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
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8.B.6.d. A FORTY-FOOT SEWER EASEMENT ACROSS THE PROPERTY OF
SILVER CREEK DEVELOPMENT COMPANY
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On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
40-foot sewer easement across the property of Silver Creek
Development Company. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B.7. REQUESTS FOR PERMISSION
8.B.7.a. FROM MARL A. CHAMBERS AND TERESA M. CHAMBERS FOR A
FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT
ACROSS LOT 14, TANNER VILLAGE, SECTION B AT CHARTER
COLONY
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved a request from Marc A. Chambers and Teresa M.
Chambers for permission for a fence to encroach within an 8-
foot easement across Lot 14, Tanner Village, Section B at
Charter Colony, subject to the execution of a license
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B.7.b. FROM STEVEN F. COOKE AND KERRY D. COOKE FOR A FENCE
TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS
LOT 31, FOXFIELD
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved a request from Steven F. Cooke and Kerry D. Cooke
for permission for a fence to encroach within an 8-foot
easement across Lot 31, Foxfield, subject to the execution of
a license agreement. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B.7.C. FROM LASALLE NATIONAL SANK, TRUSTEE FOR CONCRETE
DUMPSTER PADS, A WOODEN FENCE AND CONCRETE HANDICAP
RAMP TO ENCROACH WITHIN A VARIABLE WIDTH SEWER AND
WATER EASEMENT ACROSS ITS PROPERTY
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved a request from LaSalle National Bank, Trustee for
permission for concrete dumpster pads, a wooden fence and
concrete handicap ramp to encroach within a variable width
sewer and water easement across its property, subject to the
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
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8.B.7.d. FROM VICKI STITZER TO INSTALL A PRIVATE WATER
SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY
ON REAMS ROAD
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved a request from Vicki Stitzer for permission to
install a private water service within a private easement to
serve property at 9235 Reams Road and authorized the County
Administrator to execute the .water connection agreement.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B.8. CONVEYANCE OF EASEMENT TO VERIZON VIRGINIA
INCORPORATED TO INSTALL UNDERGROUND CABLE
ACROSS COUNTY PROPERTY FOR THE REPLACEMENT CLOVER
HILL HIGH SCHOOL
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Verizon Virginia Incorporated to install underground cable
across county property for the replacement Clover Hill High
School. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B.9. AWARD OF CONSTRUCTION CONTRACT FOR INFLUENT PUMP
STATION AND FILTER REHABILITATION AT PROCTORS CREEK
WASTEWATER TREATMENT PLANT
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
awarded a construction contract,,for influent pump station and
filter rehabilitation at Proctors Creek Wastewater Treatment
Plant to Southwood Builders, Incorporated in the amount of
$5,928,800; transferred $4,100,000 from the Bailey Bridge
Sewer Project. and $3,900,000 from the Meadowville Sewer
Project to the Proctor's Creek Wastewater Treatment Plan
Project, and authorized the County Administrator to execute
any necessary documents.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
9. REPORTS
9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
LEASE PURCHASES
9.C. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD
DETERMINATION FOR RICHMOND 20 MHZ, LLC (CASE
08PD0215) TO CO-LOCATE AN ANTENNA ON A VIRGINIA
POWER STRUCTURE LOCATED ON THE NORTHEAST LINE OF
COALFIELD ROAD, ACROSS FROM GORHAM LANE
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted the following reports: a Report on Developer Water
and Sewer Contracts; a Report on Status of General Fund
Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases; and a Report of the
C.
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Planning Commission Substantial Accord Determination for
Richmond 20 MHZ, LLC (Case 08PD0215) to co-locate an antenna
on a Virginia Power structure located on the northeast line
of Coalfield Road, across from Gorham Lane.
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Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
11. DINNER
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
recessed to the Administration Building, Room 502, for
dinner.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
Reconvening.
12. INVOCATION
Reverend Harriett Culp, Pastor, First Congregational
Christian United Church of Christ gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
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Mr. Russell Harris, Community Development Manager, led the
Pledge of Allegiance to the flag of the United States of
America.
14. RESOLUTIONS
There were no resolutions at this time.
15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Scott Riley, a senior at Midlothian High School,
addressed the Board relating to growth management within the
County. He also commended the Board members for the efforts
of the county for the redevelopment of Cloverleaf Mall.
Mr. Neils Naimon, a senior at Midlothian High School,
addressed the Board regarding growth management in the
County. He urged the Board to continue redevelopment of
older buildings within the county.
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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
o8sNO149
In Dale Magisterial District, SHANNON E. FISHER requests
amendment to Conditional Use Planned Development (Case
875133) and amendment of zoning district map to permit a
commercial kennel (dog boarding) without outside runs. 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 0.9 acre fronting approximately 120 feet on the east line
of Ridgedale Parkway approximately 550 feet northwest of Iron
Bridge Road. Tax ID 776-687-8697.
Mr. Turner presented a summary of Case 08SN0149 and stated
the Planning Commission and staff recommended approval
subject to the condition and acceptance of the proffered
conditions.
On motion of Mr. Holland, seconded by Mr. Gecker, the Board
suspended its rules at this time to allow for additional and
amended proffered conditions.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
Ms. Shannon Fisher, the applicant, stated the recommendation
was acceptable.
Mr. Warren called for public comment.
No one came forward to speak to the request.
Mr. Holland commended. the applicant for presenting a quality
project and bringing business to the county.
On motion of Mr. Holland, seconded by Mr. Gecker, the Board
approved Case 08SN0149, subject to the following condition:
In addition to those uses permitted,. by Case 87SN0133
within the Specialty Retail (SR) Tract, commercial
kennels (dog boarding) without outside runs shall be
permitted. Dog walking areas associated with commercial
kennel (dog boarding)- uses may be conducted outside of
an enclosed building. (P)
(NOTE: These conditions are in addition to the Textual
Statement, Item 8.5, of Case 87SN0133 relative to
permitted uses in the SR Tract for the subject
property.)
And, further, the Board accepted the following proffered
conditions:
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01/23/08
1. All HVAC venting shall be located on the north side of
any building(s) located on the subject property so as to
minimize visibility from Tax ID 776-687-7563. (P)
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2. A solid white vinyl fence, a minimum of six (6) feet in
height, along with evergreen trees and shrubs, shall be
installed along the southern border of the subject
property as depicted on the plan titled "The Taj Mapaw
Layout Plan" dated January 14, 2008 and prepared by
Balzer and Associates Inc. The specific plant materials
shall be approved by the Planning Department at the time
of site. plan review. (P)
3. All areas associated with the walking of dogs shall be
cleaned and made free of waste on a daily basis. (P)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
08SN0158
In Clover Hill Magisterial District, JAMES RIVER PETROLEUM
requests amendment of Conditional Use Planned Development
(Case 84S111) and amendment of zoning district map to permit
an automobile service station. 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 in a
Light Industrial (I-1) District on 0.8 acres fronting
approximately 120 feet on the south line of Deerhill Road
approximately 280 feet east of Warbro Road. Tax ID 738-686-
Part of 3239.
Mr. Turner presented a summary of Case 08SN0158 and stated
the Planning Commission and staff recommended approval,
subject to the condition.
Mr. Jeff Staub, agent for the applicant, stated the
recommendation was acceptable.
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
approved Case 08SN0158, subject to the following condition:
The Textual Statement, dated September 18, 2007, shall
be considered the plan of development. (P)
(This condition is in addition to the conditions of
approval of Case 845111.)
• Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: 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),
08-65
01/23/08
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
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for general commercial
and residential use of 7.01 to 10.0 units per acre and under
certain circumstances more intense uses such as high density
residential, commercial and industrial uses. This request
lies on 190.8 acres fronting approximately 1,3.40 feet in two
(2) places on the, east line of Jefferson Davis Highway north
of Redwater Ridge Road approximately 1,000 feet on the south
line of Osborne Road and approximately 1,820 feet on the west
line of I-95. Tax IDs 798-656-4174, 7198 and 8099; 798-657-
0830, 3703 and 5657; 799-655-4194; 799-656-0212; 799-657-
3802; 800-656-5991; 800-658-9359; and 799-658-Part of 6575.
Mr. Robert Clay presented a summary of Case 07SN0386 and
stated the Planning Commission recommended approval and
acceptance of the proffered conditions. He stated staff
recommended approval of the rezoning .subject to the applicant
addressing concerns relative to impact on capital facilities
and design standards. `
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
suspended its rules at this time to allow consideration of
the additional proffered conditions.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
Mr. John Coghill, the applicant's representative, stated this
case is revitalization of an existing business corridor. He
explained the different uses planned for this property. He
respectfully requested approval of Case 07SN0386.
Mr. Jeff Geiger, the property owner's attorney, stated the
owner was in support of the proposed project on the property.
He further stated the owner is offering financial assistance
for relocation for the residents currently living on the
property.
Mr. L. J. McCoy, an adjacent property owner, expressed a
concern relating to assistance for the residents living on
the property.
Mr. A. W. Vaughan, Jr. spoke in opposition to the
redevelopment of the property. He expressed concerns
relating to the amount of financial assistance being offered
to residents being insufficient to assist in moving their
trailers.
Mr. Scott Rogers, chairman of a coalition formed to assist
the residents in Americana Trailer Park, which consists of
several charity organizations, stated the coalition has been
meeting with residents since September. He further stated
the coalition performed a basic needs assessment for the
community during October and is working to set meetings up
with residents and the different organizations willing to
help. He thanked the developer and seller of the property
for working with residents throughout the transition. He
also urged the Board and the county to put a plan in place to
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offer services and guidance for residents that are going to
be faced with this situation in the future.
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Ms. Jaeckle thanked Mr. Rogers for his dedication and
assistance to the residents affected by the project.
Ms. Ree Hart, Vice President of Jefferson Davis Association,
spoke in support for this development. Ms. Hart also
commended the developer for meeting with the association and
residents.
Ms. Jaeckle thanked Ms. Hart for her dedication to the
residents of the community.
Mr. Robert Siff, owner of El Rancho Trailer Park in
Midlothian, stated he has vacancies at his trailer park, and
he would be willing to assist the residents in any way he
could.
Ms. Andrea Epps, a county resident, spoke in support of the
redevelopment of the property. She urged citizens and
businesses to help support the relocation of the residents
that will be impacted by this development.
Mr. Bob Schrum, the government relations' chairman of the
Chesterfield Chamber of Commerce, commended the Jefferson
Davis Association, Mr. Rogers and Ms. Hart for their work
with the residents in the community. He spoke in support of
the rezoning of the property currently occupied by the
Americana Trailer Park.
Mr. Coghill presented the Board members with letters of
support received for this development. He expressed
appreciation to Mr. Russell Harris, the county's ombudsman
for his help in bringing together the coalition. He stated
he understands this is a difficult case from the human
aspect.
Mr. Warren clarified Mr. Harris' position within the county
as the Ombudsman and his role in helping the citizens to
relocate.
No one else came forward to speak to the request.
Ms. Jaeckle reiterated revitalization is needed along the
Jefferson Davis Corridor.
Ms. Durfee expressed appreciation for the citizens who
participated in the process. She stated the relocation
allocations made by the seller of the project is great.
In response to Ms. Durfee's question, Ms. Dickson explained
the Human Services departments were very active in efforts in
directing citizens to the services available.
Ms. Durfee expressed concerns related to clustering standards
and the amount of open space in a development. She suggested
the county be more proactive in situations in which we are
partnering with the private and public sector.
Mr. Holland thanked the citizens who spoke and also commended
the project for the affordable housing component.
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On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
approved Case 07SN0386, subject to the following condition:
A minimum of fifty (50) foot buffer shall be provided
along Osborne Road. This buffer width shall be measured
from the ultimate right of way line of Osborne Road.
This buffer shall meet the Ordinance requirements for
fifty (50) foot buffers. (P)
And, further, the Board accepted the following proffered
conditions:
The Owners and the Developers for themselves and their
successors or assigns (the "Developer") 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,
proffer that the development of the.: property known as
Chesterfield. County Tax Identification Numbers 798-656-4174,
798-656-7198, 798-656-8099, 798-657-3703, 798=657-5657, 799-
655-4194, 799-656-0212, 799-657-3802, 799-658-6575 (Part),
800-656-5991, 798-657-0830, 800-658-9359 (the "Property")
under consideration will be developed according to the
following conditions if, and only if, the rezoning request
for C-3 with a conditional use (CU) and with a conditional
use planned development (CUPD) is granted. In the event the
request is denied or approved with conditions not agreed to
by the Developer, the.. proffers and conditions shall
immediately be null and void and of no further force or
effect.
The application contains one exhibit described as follows:
Exhibit A (Tract Plan) - Plan titled "Exhibit A: Land Use
Plan," dated September 24, 2007, prepared by Vanasse Hangen
Brustlin, Inc., showing Tract boundaries.
1. Master Plan. The Textual Statement dated October 10,
2007, shall be considered the Master Plan for the
development. (P)
2. Timbering. Except for timbering approved by the
Virginia State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance
permit has been obtained from the Environmental
Engineering Department and the approved devices
installed. (EE)
3. Ponds. If any of the existing ponds on the Property
remain, the dams shall be retrofitted and certified. If
any of the existing ponds on the Property are used for
stormwater management, the pond(s) shall be retrofitted
in accordance with the Zoning Ordinance requirements for
BMP basins. (EE)
4. Utilities. The public water and wastewater systems
shall be used, except for sales facilities and/or
construction offices. (U)
5. Cash Proffers. The applicant, subdivider, or
assignee(s) shall pay the following to the County of
Chesterfield prior to the issuance of any residential
building permit for infrastructure improvements within
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the service district for the Property in excess of 312
dwelling units:
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A. $15,600 per dwelling unit in excess of 312 dwelling
units located on the Property, if paid prior to
July 1, 2007. At the time of payment, the $15,600
will be allocated pro-rata among the facility costs
as follows: $602 for parks and recreation, $348
for library facilities, $8,915 for roads, $5331 for
school facilities, and $404 for fire stations.
B. Provided, however, that if any building permits
issued in excess of 312 dwelling units on the
Property are for senior housing, as defined in the
proffer on age-restriction, the Developer shall pay
$10,269 per dwelling unit if paid prior to July 1,
2007, or the amount approved by the Board of
Supervisors, not to exceed $10,269 per dwelling
unit as adjusted upward by any increase in the
Marshall and Swift Building Cost Index between July
1, 2006 and July 1 of the fiscal year in which the
payment is made if paid after June 30, 2007. At
the time of payment, the $10,269 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. Provided, however, that if any building permits
issued in excess of 312 dwelling units on the
Property are for affordable housing, the Developer
shall pay $0 per dwelling unit. Affordable housing
shall be defined as any dwelling unit constructed
for a household whose income is sixty (60) percent
or less than the area median income (ex: Richmond
MSA or other defined area used by the funding
agency or group) and affordable housing funding or
financing is provided by VHDA or other similar
agency or non-profit group (e.g. Better Housing
Coalition) that provides funding or financing in
keeping with the Federal Tax Credit program for
affordable housing. In addition, a deed
restriction shall be placed on the affordable
housing units requiring them to meet the affordable
housing criteria for a minimum of fifteen (15)
years. Prior to the issuance of a building permit
for any affordable housing unit, the Developer of
the affordable housing shall provide documentation
to the County that the funding or financing has
been provided for the construction of affordable
housing in keeping with the Federal Tax Credit
program. Examples of such documentation include a
"Section 42M letter" from VHDA or a "carry forward
allocation agreement" as those terms are used
and/or defined by VHDA from time to time, or other
documentation that is reviewed and approved by the
Chesterfield County Attorney.
D. Cash proffer payments shall be spent for the
purposes proffered or as otherwise permitted by
law. Should Chesterfield County impose impact fees
at any time during the life of the development, the
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amount paid in cash proffers shall be in lieu of or
credited toward, but not in addition to, any impact
fees, in a manner as determined by the County.
(B&M)
6. Transportation Density. The maximum density of the
development shall be 250,000 square feet of light
industrial; 250,000 square feet of warehouse; 570,000
square feet of shopping center; and 385 apartments, or
the equivalent density as determined by the
Transportation Department. (T)
7. Access.
A. Prior to any site plan approval, access easements,
acceptable to the Transportation Department, shall
be recorded across the Property to ensure future
shared cross access with Tax ID 801-656-2576 and
Tax ID 798-658-0445. The use of the easement(s)
and any construction required for the easement(s)
use shall occur if and when Tax ID 801-656-2576 or
Tax ID 798-658-0445 requires such access. All
improvements necessary to facilitate the use of the
easement(s) shall be the sole responsibility of
others.
B. Direct vehicular access from the Property to
Jefferson Davis Highway (Route 1) shall be limited
to three (3) entrances/exits. Two (2)
entrance/exit points shall align with the existing
intersections on Jefferson Davis Highway that serve
Redwater Ridge Road and Trollingwood Lane. The
remaining direct entrance/exit to Jefferson Davis
Highway shall be limited to right-turns-in and
right-turns-out only. The exact locations of these
accesses shall be approved by the Transportation
Department.
C. There shall be no direct vehicular access from the
Property to Osborne Road. (T)
8. Dedication. 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:
A. Sixty (60) feet of right-of-way on the east side of
Jefferson Davis Highway (Route 1) measured from the
centerline of that part of Jefferson Davis Highway
(Route-1) immediately adjacent to the Property.
B. Thirty-five (35) feet of right-of-way on the south
side of Osborne -Road measured from the centerline
of that part of Osborne Road immediately adjacent
to the Property. (T)
9. Transportation Improvements. To provide an adequate
roadway system, the Developer shall be responsible for
the following improvements. The exact design of these
improvements shall be approved by the Transportation
Department. If any of the improvements are provided by
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others, as determined by the Transportation Department,
then the specific required improvement shall no longer
be required by the Developer of the Property.
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A. Construction of additional pavement along the
northbound lanes of Jefferson Davis Highway (Route
1) at each approved access to provide separate
right turn lanes.
B. Construction of additional pavement along the
northbound lanes of Jefferson Davis Highway at the
Home Depot shopping center/Redwater Ridge
intersection to provide dual left turn lanes.
C. Construction of additional pavement along the
southbound lanes of Jefferson Davis Highway at the
Home Depot shopping center/Redwater Ridge Road
intersection to provide dual left turn lanes.
D. Construction of additional pavement along Redwater
Ridge Road at its intersection with Jefferson Davis
Highway to provide a six (6) lane typical section
(i.e. four (4) westbound lanes - two left turn
lanes, one through lane and one right turn lane,
and two (2) eastbound lanes).
E. Restripe the exiting lanes of the southernmost
access that serves the parcel identified as Tax ID
798-655-1253 (Home Depot shopping center) at its
intersection with Jefferson Davis Highway to
provide an eastbound left turn lane and an
eastbound through lane/right turn lane.
F. Full cost of traffic signal .modifications at the
Jefferson Davis Highway/Home Depot shopping
center/Redwater Ridge Road intersection, as
determined by the Transportation Department.
G. Full cost of traffic signalization at the Jefferson
Davis Highway/Trollingwood Lane intersection as
determined by the Transportation Department.
H. Construction of additional pavement along the
southbound lanes of Jefferson Davis Highway at the
Trollingwood Lane intersection to provide dual left
turn lanes.
I. Construction of additional pavement along
Trollingwood Lane at its intersection with
Jefferson Davis Highway to provide a six (6) lane
typical section (i.e. four (4) westbound lanes -
two left turn lanes, one through lane and one right
turn lane, and two (2) eastbound lanes).
J. Restripe the exiting lanes of the northernmost
access that serves the parcel identified as Tax ID
797-656-6244 (Bermuda Crossroad Lane) at its
intersection with Jefferson Davis Highway to
provide an eastbound left turn lane and a through
lane/right turn lane.
K. Construction of additional pavement along the
eastbound lanes of West Hundred Road (Route 10) at
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the Jefferson Davis Highway (Route 1)/West Hundred
Road (Route 10) intersection to provide dual left
turn lanes.
L. Full cost of traffic signal modifications at the
Route 10/Route 1 intersection, as determined by the
Transportation Department.
M. Construction of additional pavement along the
northbound lanes of Jefferson Davis Highway (Route
1) at the Jefferson Davis Highway (Route 1)/Osborne
Road intersection to provide dual left turn lanes.
N. Construction of additional pavement along the
westbound lane of Osborne Road to accommodate two
(2) receiving lanes for the dual northbound left
turn lanes from Route 1.
O. Full cost of traffic signal modifications at the
Route 1/Osborne Road intersection, as determined by
the Transportation Department.
P. Relocation of the ditch to provide an adequate
shoulder along the south side of Osborne Road for
the entire Property frontage along Osborne Road.
Q. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. In the event the Developer is unable to
acquire any "off-site" right-of-way that is
necessary for the road improvements described in
this Proffered Condition, excluding Proffered
Conditions 9.D. and 9.I., the Developer may
request, in writing, that the County acquire such
right-of-way as a public road improvement. All
costs associated with the acquisition of the right-
of-way shall be borne by the Developer. In the
event the County chooses not to assist the
Developer in acquisition of the "off-site" right-
of-way, the Developer shall be relieved of the
obligation to acquire the "off-site" right-of-way
and shall provide the road improvements within
available right-of-way as determined by the
Transportation Department. (T)
10. Phasing Plan. Prior to any site plan or tentative
subdivision plat approval, a phasing plan for the
required road improvements, as identified in Proffered
Condition 9, shall be submitted to and approved by the
Transportation Department. (T)
11. Age Restriction. Except as otherwise prohibited by the
Virginia Fair Housing Law, the Federal Fair Housing Act,
and such other applicable federal, state or local legal
requirements, dwelling units .designated as age-
restricted shall be restricted: to "housing for older
persons" as defined in the Virginia Fair Housing Law and
no persons under 19 years of age shall reside therein.
(P)
12. Senior Housing. Any dwelling units designated for
senior housing as defined in Proffered Condition 11
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shall be noted on the site plan. Such dwelling units
shall be grouped together as part of the same
development section(s). (P)
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13. Buffers.
A. A minimum of two hundred and seventy five (275)
feet of separation ("Separation Area") shall be
provided between any multifamily residential
building and any industrial building. This area is
generally shown on Exhibit A as the Resource
Protection Area located on Tracts B and C. Within
the Separation Area, a one hundred foot buffer
shall be provided (based on the zoning ordinance
requirements for a 100 foot buffer). The buffer
may be provided within Tract B or C or both tracts,
based on site conditions, as determined at the time
of site plan review.
B. No construction shall occur within the RPA area as
generally shown on Exhibit A; however, landscaping
and screening as permitted by Ordinance; signs,
security .fencing, utilities and roads which run
generally .perpendicular through the RPA; pedestrian
walkways and similar uses may be permitted at
Subdivision or Site Plan review.
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C. A seventy=five (75) foot buffer shall be provided
along the western property line of Tax
Identification Number 800-658-9359 that is north of
the creek ("Northwestern Property") This buffer
may be reduced to fifty (50) feet at the time of
site plan review provided a screen is included
within the buffer. If the residential properties
adjacent to the Northwestern Property have been
developed as commercial or industrial uses at the
time a site plan is approved for the Northwestern
Property, then no buffer shall be required. (P)
14. Security. Prior to any site plan or subdivision
approval for the dwelling units, the owner or its
successor shall either (a) enter into a contract with
the County providing for the permanent presence of a
Chesterfield County police officer on the premises for a
minimum of ten (10) hours per week for 52 weeks a year
or (b) annually submit a security plan to the
Chesterfield County Police Department for review and
approval. The department's review may include, but not
necessarily be limited to, the type, frequency and
severity of crime at the property to determine if the
plan requirements should be modified up to and including
the owner or its successor entering into a contract with
the county or other approved entity for providing on
site security personnel. The owner or its successor
shall implement the approved security plan as may be
modified from time to time. (PD)
15. Density: The maximum number of dwelling units permitted
on Tract B shall be 385 units.(P)
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16. Affordable Housing Density. The maximum number of
affordable housing units, as defined in Proffered
Condition 5.C., permitted on Tract B shall be 60 units.
(P)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
08HP0153
In Matoaca Magisterial District, JOHN AND KIMBERLY HUGHES
request historic landmark designation and amendment of the
zoning district map for the GEORGE PERDUE HOUSE. The
Comprehensive Plan suggests the property is appropriate for
single family residential use of one to five acres suitable
to R-88. This request lies in an Agricultural (A) District
on 3.3 acres and is known as 11410 Beach Road. Tax ID 745-
654-8256.
Mr. Steven Haasch presented a summary of Case 08HP0153 and
stated the Historic Preservation Committee and the Planning
Commission recommended approval ,. of Historic Landmark
Designation for the entire property. He further stated staff
recommended approval of Historic Landmark Designation for the
structures only.
Mr. John Hughes, the applicant, gave a brief explanation of
Historic Landmark Designations received.: through Virginia
Landmarks Register and the National ,Landmarks Register. He
further stated the recommendation of the Planning Commission
and the Historic Preservation Committee was acceptable.
In response to Mr. Gecker's question, Mr. Hughes stated the
entire property was listed on the state registry, not just
the structures.
Mr. Warren called for public comment.
Mr. Jeff Collins, Townes Site Engineering, stated they have
presented solutions to the problem of the alignment of the
roads around the property.
Ms. Audrey Wilson, an adjacent property owner, spoke in
support of the Historic Landmark Designation for the
property.
Mr. Peter Lipowicz, President of the Chesterfield Historical
Society, spoke in favor of Historic Landmark Designation for
this property. He urged the Board to approve the request.
Ms. Frances Bailey, an adjacent property owner, spoke in
support of Historic Landmark Designation for this property.
Ms. Durfee expressed appreciation to the applicants for the
hard work and diligence to have this property placed on the
state historic register.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
approved Historic Landmark Designation for the entire
property of Case 08HP0153.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
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08HP0154
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In Matoaca Magisterial District, JOHN AND KIMBERLY HUGHES
request historic landmark designation and amendment of the
zoning district map for the PERDUE-MITCHELL HOUSE. The
Comprehensive Plan suggests the property is appropriate for
single family residential use of one to five acres suitable
to R-88. This request lies in an Agricultural (A) District
on 5.2 acres and is known as 11400 Beach Road. Tax ID 746-
654-1071.
Mr. Steven Haasch presented a summary of Case 08HP0154 and
stated the Historic Preservation Committee and the Planning
Commission recommended approval of Historic Landmark
Designation for the entire property. He further stated staff
recommended approval of Historic Landmark Designation for the
structures only.
Mr. Hughes, the applicant, stated the recommendation was
acceptable.
Mr. Warren called for public comment.
No one came forward to speak to the request.
Ms. Durfee stated it is important to save historically
valuable properties located within the county.
On motion of Ms. Durfee, seconded by Mr. Gecker, the Board
approved Historic Landmark Designation for the entire
property of Case 08HP0154.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
17. PUBLIC HEARINGS
17.A. TO AMEND SECTIONS 19-125, 19-227 AND 19-301 OF THE
CODE OF THE COUNTY OF CHESTERFIELD RELATING TO THE
REGULATION OF FARM WINERIES
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Mr. Micas stated this date and time has been advertised for a
public hearing to amend Sections 19-125, 19-227 and 19-301 of
the Code of the County of Chesterfield relating to the
regulation of farm wineries
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
adopted the following ordinance to amend Sections 19-125, 19-
227 and 19-301 of the Code of the County of Chesterfield
relating to the regulation to the regulation of Farm
Wineries:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING
SECTIONS 19-125, 19-227 and 19-301 OF THE ZONING ORDINANCE
RELATING TO REGULATION OF FARM WINERIES
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01/23/08
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That the Code of the County of Chesterfield, 1997, as
amended, is amended by amending and reenacting Sections 19-
125, 19-227 and 19-301 as follows:
Sec. 19-125. Accessory uses, buildings and structures.
The following accessory uses, buildings and structures
shall be permitted in the A District:
(a) Those accessory uses, buildings and structures
permitted in the R-88 District.
(b) The sale or offering for sale, by the owner or
tenant, of any form of goods produced or grown on
the farm land including: (1) the construction of a
greenhouse, hothouse or plant nursery, for the
purpose of starting plants to be incorporated into
the farming use, but not for direct sale; and (2)
including the construction of a stand or shelter
for the sale of such goods.
(c) The sale of wine-related items that are incidental
to the sale of wine at a farm winery licensed in
accordance with Code of Virginia §4.1-207.
000
Sec. 19-227. Sale of alcoholic beverages near schools.
(a) Notwithstanding any provisions in this chapter to the
contrary, a conditional use permit shall be required for
all commercial establishments seeking to sell alcoholic
beverages, as defined in Code of Virginia, § 4.1-100,
for on-premises consumption, within 500 linear feet of a
school that is owned or operated by the county and that
is built after December 15, 1993.1
1 This section does not apply to the following schools:
Bailey Bridge Middle, Bellwood Elementary, Bensley
Elementary, Bermuda Elementary, Beulah Elementary, L.C. Bird
High, Bon Air Elementary (IDC), Bon Air (Primary) Elementary,
Chalkley Elementary, Chester Middle, Chesterfield Community
High, Chesterfield Technical, Clover Hill Elementary, Clover
Hill High, Thelma Crenshaw Elementary, Crestwood Elementary,
Curtis Elementary, A.M. Davis Elementary, Dupuy Elementary
(Ettrick Annex), Ecoff Elementary, Enon Elementary, Ettrick
Elementary, Evergreen Elementary, Falling Creek Elementary,
Falling Creek Middle, Fulgham Center, O.B. Gates Elementary,
W.W. Gordon Elementary, Grange Hall Elementary, Greenfield
Elementary, Harrowgate Elementary, J.G. Henning Elementary,
Hopkins Elementary, Jacobs Elementary, Manchester High,
Manchester Middle, Matoaca Elementary, Old Matoaca High,
Matoaca Middle, Meadowbrook High, Midlothian Elementary
(Swift Creek Middle Annex), Midlothian Middle, Midlothian
High, Monacan High, Perrymont Middle, Providence Elementary,
Providence Middle, Reams Elementary, Robious Elementary,
Robious Middle, Salem Elementary, Salem Middle, Alberta Smith
Elementary, Swift Creek Elementary, Swift Creek Middle,
Thomas Dale High, Union Branch Elementary, Union Grove
Elementary, Vehicle Maintenance (Courthouse), Vehicle
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