Dellwood Plantation case passes board
By Greg Pearson

The special events and bed and breakfast business owned by Judge Timothy Hauler was narrowly approved by the Chesterfield board on a 2-1 vote last week. Supervisors Renny Humphrey and Dickie King voted for it while Art Warren opposed. Supervisor Kelly Miller, an attorney who occasionally appears in court before Hauler, excused himself from the case, and the Midlothian seat had not yet been filled.

It was one of the longest running cases ever seeking a special use permit. "Judge Hauler has been investigated by everyone under the sun," charged Richard Hairfield, Hauler's attorney. He said citizen activist Brenda Stewart filed 22 complaints in trying to defeat his permit request.

Hauler was seeking a permanent use permit for the 20.6-acre Dellwood Plantation on Woodpecker Road.

Last month, the planning commission had recommended approval by a 3-2 vote. The planning staff also recommended approval but took no position about whether alcohol could be served during events on a six-acre parcel of Dellwood that's adjacent to Matoaca High School. A county ordinance prohibits alcohol sales within 500 feet of schools. However, the county is reviewing the ordinance because it was enacted after restaurants, bars and convenience stores were already located within that radius of some Chesterfield schools.

Other Hauler neighbors complained that the 50 decibel limit was too loud for musical entertainment during special events, particularly as late as 11 p.m. During the public hearing, two neighbors played music for the board at that level, but Humphrey questioned if the demonstration was scientific.

In late spring, Planning Commissioner Dan Gecker and Planning Director Kirk Turner made an unannounced visit to Dellwood during an evening event. They reported the noise level was not too high.

Residents wanted to know if the county was going to monitor the noise level. "The county has to get into the business of monitoring noise compliance," urged Warren.

Noise was the objection to another special events case earlier this year, and Humphrey said this permit was patterned after that Celebrations case. Some residents alleged that Hauler was receiving favorable treatment because he was a Circuit Court judge.

Like Celebrations, the special use permit ends with a change in ownership. During the public hearing, two area pastors who use Dellwood supported Hauler's request.

Restaurant site approved

Despite recommendations to deny from the planning commission and the planning department, the Chesterfield board approved rezoning 4.1 acres for two sit-down restaurants on Route 10 in the southwest quadrant of its intersection with I-95. The supervisors unanimously believed sit-down restaurants were a better use of the property than fast-food restaurants, which the current zoning allows.

More than one supervisor called the traffic pattern there "a mess." Five businesses opposed the rezoning, fearing the Virginia Department of Transportation would eliminate breaks in the curb between the east and westbound lanes of Route 10, reducing customers' access to their businesses. Those crossovers reportedly cause numerous accidents.

"Those crossovers [between I-95 and Jeff Davis Highway] may be closed regardless of the rezoning decision," said Transportation Director John McCracken.

"There is no good solution," sighed Dale Supervisor Kelly Miller.

More condos

The county board approved 520 condominiums for Greenwich Walk, west of the new Cosby High School bordering on Otterdale Road. The 74.4-acre development will include recreational facilities and an adult care center.

Though age-targeted at older adults, Swift Creek Realty Partners, LLC is paying full proffers of $8.1 million for schools, roads and other county services. The county planning commission and planning staff recommended approval.

A spokesperson for the Woodlake Community Association board opposed the rezoning because of area roads and possible impact on the Swift Creek Reservoir. Development attorney John Cogbill countered that water quality will not be affected because the applicant is building a collection pond on the site to keep pollutants from reaching the reservoir.

Cavalier cable

The board deferred a decision to accept a franchise agreement with Cavalier Telephone and TV until August 23. Cavalier wants to compete with Comcast to provide cable service, but its service area is less than half of the county.

Matoaca Supervisor Renny Humphrey wanted more negotiations to provide service in the Woodlake-Hampton Park area. Since Cavalier is using Verizon infrastructure, which is located there, she wants her constituents to have service where it could be available.

Responding to a question about cable costs, County Attorney Steve Micas said the agreement did not cover cable rates because that was prohibited by state law.

Camp Baker

The board unanimously extended the deed of lease between the county and the Richmond Area Association of Retired Citizens for the operation of Camp Baker. It is located off Beach Road, just south of Route 10.