2013-04-10 MinutesBOARD OF SUPERVISORS
MINUTES
April 10, 2013
Supervisors in Attendance: Staff in Attendance:
Ms. Dorothy A. Jaeckle, Chairman Mr. Mike Bacile, Dir.,
Mr. Stephen A. Elswick, Vice Chrm. Purchasing
Mr. Arthur S. Warren Dr. Sheryl Bailey, Dep.
Mr. James M. Holland County Administrator,
Mr. Daniel A. Gecker Management Services
Ms. Janice Blakley,
Mr. James J. L. Stegmaier Clerk to the Board
County Administrator Ms. Marilyn Brown, Dir.,
Juvenile Detention Home
Others in Attendance: Ms. Patsy Brown, Dir.,
Accounting
Dr. Marcus Newsome, Mr. Kevin Bruny, Chief
Supt. of Schools Learning Officer
Mr. Allan Carmody, Dir.,
Mr. David Wyman, Budget and Management
Chairman of School Board Ms. Jana Carter, Dir.,
Juvenile Services
Mr. Barry Condrey, Chief
Information Officer
Mr. Richard Cordle,
Treasurer
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. William W. Davenport,
Commonwealth's Attorney
Mr. Jonathan Davis, Dir.,
Real Estate Assessments
Mr. William Dupler, Dep.
County Administrator,
Community Development
Colonel Thierry Dupuis,
Police Department
Dep. Chief Jim Fitch,
Fire Dept.
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Real Property Manager
Mr. George Hayes,
Asst. Director,
Utilities
Mr. Joe Horbal,
Commissioner of Revenue
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Director,
General Services
Mr. Louis Lassiter, Asst.
County Administrator
Mr. Rich Leonard,
Chief of Admin Services,
Env. Engineering
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Mr. Michael Likins,
Coop. Extension Director
Mr. Mike Mabe, Director,
Libraries
Mr. Jeffrey L. Mincks,
County Attorney
Ms. Sarah Snead, Dep.
County Administrator,
Human Services
Mr. Richard Troshak,
Dir., Emergency Comm. Ctr.
Mr. Kirk Turner, Dir.,
Planning
Mr. Mike Westfall, Dir.,
Internal Audit
Mr. Rick Witt,
Building Official
Mr. Scott Zaremba, Dir.,
Human Resource Programs
Ms. Jaeckle called the regularly scheduled meeting to order
at 3:07 p.m.
1. APPROVAL OF MINUTES
1.A. MARCH 11, 2013 BUDGET WORK SESSION
1.B. MARCH 13, 2013 REGULAR MEETING
1.C. MARCH 20, 2013 REGULAR MEETING
On motion of Mr. Holland, seconded by Mr. Gecker, the Board
approved the minutes of March 11, 2013, March 13, 2013 and
March 20, 2013, as submitted.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
• Mr. Stegmaier was pleased to report that due to the
Board's sound financial management and careful monitoring
of spending, Chesterfield debt is still rated in the
"nine-A's" club, not only for the county but also our
utility system. He stated recently the Financial Times
reported that the global pool of government bonds with
triple AAA status from the three main rating agencies has
shrunk more than 60 ]since the financial crisis triggered
a wave of downgrades across the advanced economies.
• Mr. Stegmaier announced that Sabra broke ground on their
new "Center of Excellence" and the addition will soon be
up and running as they have received their Certificate of
Occupancy. He stated the center will be a modern-day
research and development facility in Virginia to
establish best practices on all aspects of culinary, food
science, production, engineering, packaging, supply chain
and product delivery.
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• Mr. Stegmaier was pleased to report that the Jefferson
Cup and Ultimate Cup soccer tournaments were held iri lath
February and March at various venues, including River
City Sportsplex in Chesterfield County and were highly
successful. He stated hotel rooms, local restaurants and
other establishments benefited from the out of town
visitors that came and spent their tourism dollars:- He
further stated preliminary estimates include more than $9
million in economic impact for Chesterfield County, with
over 7,000 room nights booked for the 5 weekends of the
tournaments.
• Mr. Stegmaier announced that the Parks and Recreation
Department, in partnership with the School Board and
Greater Richmond Fit4Kids, has been awarded a new
"KaBOOM" playground at Bensley Park. He stated KaBOOM! is
a national non-profit organization dedicated to saving
play for America's children. He further stated their
mission is to create great play spaces and have a place
to play within walking distance of every child in
America.
In response to Mr. Gecker's question regarding economic
impact relative to sports tourism, Mr. Stegmaier stated most
of the 7 or 8 percent tax revenue is subject to sales and
lodging tax.
In response to Mr. Holland's question, Mr. Stegmaier stated
local restaurants are showing a lot of activity in
conjunction with sports tournaments held at various venues.
He further stated Economic Development staff has implemented
a process to work directly with the hospitality industry to
be notified in advance to meet spiking demands before sports
events occur.
In response to Mr. Gecker's question, Mr. Stegmaier stated
the lodging tax portion is around 9 percent and around 1
percent in restaurant and other sales that will derive
directly back to the county. He further stated another 1
percent goes directly to schools. He stated preliminary
estimates are specifically for the 5 weekends of tournaments.
Mr. Gecker stated the return on investment was not intended
to be financial, as much as it was for use of fields for the
twenty-year period. He further stated it would be interesting
to see what kind of return the county will obtained relative
to the tax revenue sports events produce.
Mr. Holland stated he would provide a copy to the Board of a
report that was done for the Richmond Metropolitan Convention
and Visitor's Bureau regarding the effects of sports tourism
on the region.
Mr. Stegmaier stated staff could create a comprehensive
analysis relative to direct revenue, as well as potential
cost and benefit analysis as a result of tournaments in the
county. He noted Sportsplex generates annual ongoing revenue.
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3. BOARD MEMBER REPORTS
Ms. Jaeckle stated the expansion of Sabra provides important
employment opportunities for many county citizens. In regards
to the "KaBoom" playground at Bensley Park, she stated some
volunteers from the Fire Department are eager to help with
the construction of the new playground. She further stated an
initiative through Fit4Kids for Bellwood Elementary School
has been created to encourage young children to be more
physically active. She noted Carrie Coyner was very
instrumental in pushing the partnership between Fit4kids and
the county.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On.motion of Mr. Warren, seconded by Mr. Holland, the Board
replaced Item 8.C.ll.a., Set Date for Public Hearing to
Consider an Amendment to the FY2013-FY2018 Secondary Road
Construction Six-Year Plan and Adoption of the FY2014
Secondary Road Construction Budget; replaced Item 14.B.,
Recognizing Boy Scouts Upon Attaining the Rank of Eagle
Scout; and adopted the agenda, as amended.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
5.A. RECOGNIZING APRIL 21-27, 2013, AS "ADMINISTRATIVE
PROFESSIONALS WEEK"
Mr. Kappel introduced representatives from the Tri-Cities and
Old Dominion Chapters of the International Association of
Administrative Professionals (IAAP), who were present to
receive the resolution.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, administrative professionals work in a variety
of fields and make up a significant portion of office
personnel throughout our nation and across our great
Commonwealth; and
WHEREAS, administrative professionals are recognized as
being essential to the modern workplace, utilizing first-rate
managerial and organizational skills and mastering innovative
techniques and advanced office technologies to increase
office efficiency and work performance to the benefit of
their employers and the public; and
WHEREAS, "Administrative Professionals Week" presents
employers with the opportunity to promote and reward
professional excellence, provide employees with advanced
training and continuing education, and offer additional
networking and career-enhancing resources to administrative
professionals; and
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WHEREAS, the lifeblood of modern business flows through
and depends on highly skilled administrative professionals;
and
WHEREAS, it is fitting to recognize administrative
professionals for the vital role they play in the success of
business and government operations throughout our great
Commonwealth and nation.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 10th day of April 2013,
publicly recognizes the week of April 21-27, 2013, as
"Administrative Professionals Week," and Wednesday, April 24tH
as "Administrative Professionals Day" in Chesterfield County,
saluting the valuable contributions of administrative
professionals in the workplace and calling on all employers
to support continued training and development for
administrative staff, recognizing that a well-trained
workforce is essential for success in today's business world.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
Ms. Jaeckle presented the executed resolution to the
representatives and expressed appreciation for all of the
hard work that administrative professionals do on a daily
basis.
Mr. Stegmaier expressed appreciation for the hard work of
administrative professionals in the county.
6. WORK SESSIONS
6.A. COUNTY ADMINISTRATOR'S PROPOSED FY2014 BUDGET, THE
PROPOSED FY2014 COMMUNITY DEVELOPMENT BLOCK GRANT AND
HOME INVESTMENT PARTNERSHIP ANNUAL PLAN, THE PROPOSED
FY2014-FY2018 CAPITAL IMPROVEMENT PROGRAM AND THE
UTILITY AND TAX RELIEF FOR THE ELDERLY AND DISABLED
ORDINANCE CHANGES
Mr. Carmody expressed appreciation to the Board of
Supervisors for an active discussion and willingness to work
with the citizens and staff. He also recognized the Budget
staff for their efforts in developing the budget. He then
presented a summary of changes to the FY2014 Financial Plan
with a county approach that continues to produce dividends;
the economic climate and the budget process are more
favorable than experiences in peer localities; housing and
consumer spending are strengthening; and the FY2014 plan is
set to continue momentum. In regards to the operating budget,
he stated there is no change in the budget total from the
proposed plan; the addition of public safety career
development; and noted that associated FY2015 pressures are
to be addressed as part of program review; and other
reallocations. He further stated there are no changes to the
school operating budget total from the proposed $533.9
million. He summarized the path going forward which includes
scheduling special elections for November 2013 to include a
meals tax and project referendum; proceeding with funded 2004
referendum projects; recurring operating costs for Harrowgate
and Reams Gordon Library in long-range projections; and
implementing a plan for addressing FY2015 and beyond to
include the program and service review exercise, in-depth
community discussions and referenda.
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In response to Mr. Elswick's question regarding previous year
transfers to Henricus Historical Park, Mr. Carmody stated
instead of putting $75,000 towards Henricus' capital
improvements, the Board decided with adoption of the FY2013
budget, to transfer $75,000 to the operating side of
Henricus.
Ms. Jaeckle noted the Henricus Foundation had hired a
professional fundraiser using operating funds.
In response to Mr. Elswick's question regarding Robious Road
Library, Mr. Carmody stated staff has not yet made a
recommendation relative to a timeframe.
In response to Mr. Gecker's questions, Mr. Carmody stated new
single-family home permits were up 34 percent. He further
stated the county has mirrored national trends in terms of
single-family permits, both on a down-slope and similarly on
an up-slope, even outperforming Henrico in terms of longer
running time periods. In regards to Harrowgate Fire Station,
Mr. Carmody stated the increased operational number is in the
FY2015 projection. In regards to Reams Gordon Library, he
stated the increased operational number is not in the FY2016
proposal.
In response to Ms. Jaeckle's question, Mr. Carmody stated of
the 1.9 percent up from FY2013, roughly 5 million went
towards schools. He further stated the remainder of funds
went towards merit increase for eligible employees, ICFMR
start-up in operating costs, GRTC state funding, additional
police officers, sports tourism enhancements, fire apparatus
maintenance funding, library materials, public safety career
development, healthcare for part-time employees, etc.
Ms. Jaeckle expressed concerns relative to the removal of a
substantial amount of electives at the high school level. She
stressed the importance of electives and their impact on the
future of young people.
In response to Ms. Jaeckle's question, Mr. Carmody stated
residential real estate revaluations have declined slightly
and continues to be the county's major source of revenue.
In response to Mr. Holland's question, Mr. Carmody stated
commercial and residential real estate evaluations and
reevaluation of existing property has increased with a
positive growth of approximately one percent.
In response to Mr. Gecker's question, Mr. Carmody stated
there were less than a half of a percent relative to
commercial reevaluations, including multifamily.
In response to Mr. Holland's question regarding an increase
in housing permits, Mr. Carmody stated Chesterfield is
outperforming Henrico in terms of longer running time
periods.
Mr. Holland noted Henrico does not administer cash proffers
and Chesterfield still outperforms Henrico relative to an
increase in housing permits.
In response to Mr. Elswick's question regarding staffing of
the Harrowgate Fire Station, Ms. Jaeckle stated because the
county received a grant without having increased funding, one
plan was to have those nine positions be absorbed as Fire
personnel retired.
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Mr. Carmody stated the county would have to pick up the cost
of those nine positions, whether they are with Harrowgate
Fire Station or in the system without a fire station. He
further stated once the grant is lost for those particular
positions, retirements would solve the issue without
additional revenue.
Discussion ensued relative to staffing of the Harrowgate Fire
Station.
7. DEFERRED ITEMS
7.A. CONSIDERATION OF AMENDMENTS TO CHAPTER 19 OF THE COUNTY
CODE AND ADOPTION OF A POLICY REGULATING ALTERNATIVE
FINANCIAL INSTITUTIONS
Mr. Schlaudt stated the Board held a public hearing on the
proposed ordinance and policy regulating Alternative
Financial Institutions. He further stated the Board deferred
the item to provide time to research General Assembly
legislation pertaining to local regulation of AFIs;
operational questions about precious metals dealers; and
potential limiting impacts of distance separation standards
on AFIs, due to existing precious metals dealer locations.
Mr. Gecker and Mr. Holland commended Mr. Schlaudt and
Planning Department staff for their outstanding efforts.
Mr. Gecker then made a motion, seconded by Mr. Holland, for
the Board to adopt the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTIONS 19-175 AND 19-301 RELATING TO
ALTERNATIVE FINANCIAL INSTITUTIONS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 19-175 and 19-301 of the Code of the
County of Chesterfield, 1997, as amended, are amended and re-
enacted to read as follows:
CHAPTER 19 ZONING
ARTICLE III. DISTRICTS
DIVISION 22. C-5 GENERAL BUSINESS DISTRICT
0 0 0
Sec. 19-175. Conditional uses.
The following uses may be allowed by conditional use in
the C-5 District, subject to the provisions of section 19-13:
(a) Any conditional use allowed in the C-3 District,
unless previously permitted in the C-5 District.
(b) Adult businesses.
(c) Alternative financial institution.
(d) Bondsman.
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(e) Consumer finance companies.
(f) Motor vehicle consignment lots.
(g) Occult sciences (includes fortune tellers,
palmists, astrologists, numerologists, clairvoyant,
craniologist, phrenologist, card readers, spiritual
readers, tea leaf readers, prophets and psychics).
(h) Outdoor flea market.
(i) Travel trailer parks.
(j) Subject to the following requirements, other uses
which are not specifically enumerated in this
chapter and which are of the same general character
as the specifically enumerated uses allowed in this
district. Before the planning commission and board
of supervisors hear an application pursuant to this
subsection, the director of planning shall
consider, among other things, the following: the
size and proposed configuration of the site; the
size, height and exterior architectural appearance
of any proposed structure or structures; noise;
light; glare; odors; dust; outdoor activities;
traffic; parking; signage; and hours of operation.
Based on these considerations, he shall determine
that the proposed use's operating characteristics
are substantially similar to, and its impact on
neighboring properties no greater than, the
operating characteristics and impacts of the
specifically enumerated uses allowed in this
district.
0 0 0
ARTICLE VI. DEFINITIONS
Sec. 19-301. Definitions.
For the purposes of this chapter, the following words
and phrases shall have the following meanings:
Alternative financial institution: Any check cashing
establishment, motor vehicle title lender, pawnbroker, payday
lender, or precious metals dealer, as defined in this
chapter.
0 0 0
Consumer finance company: Any establishment, other than
a bank, credit union, or savings and loan, engaged in the
business of making loans to individuals for personal, family,
household, or other nonbusiness purposes.
0 0 0
Motor vehicle title lender: Any establishment engaged in
the business of lending money secured by a non-purchase
interest in a motor vehicle.
0 0 0
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Payday lender: Any establishment, other than a bank,
credit union, or savings and loan, engaged in the business of
making short-maturity loans on the security of (i) a check,
(ii) any form of assignment of an interest in the account of
an individual at a depository institution, or (iii) any form
of assignment of income payable to an individual, other than
loans based on income tax refunds.
0 0 0
Precious metals dealer: Any person or establishment
defined as a dealer in County Code § 15-131 that is not
accessory to a jewelry or coin store.
0 0 0
(2) That this ordinance shall become effective immediately
upon adoption.
And, further, the Board adopted the policy regulating
Alternative Financial Institutions. (A copy of the policy is
filed with the papers of this Board.)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8. NEW BUSINESS
8.A. BUDGET ITEMS
8.A.1. ADOPTION OF ORDINANCE AMENDMENTS RELATING TO
DEPARTMENT OF UTILITIES FEE CHANGES
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 18-27 RELATING TO UTILITY CHARGES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 18-27 of
Chesterfield, 1997, as amended,
read as follows:
the Code of the County of
are amended and re-enacted to
Sec. 18-27. - Utility charges.
Effective with bills issued on and after July 1, 2013, the
consumer shall pay charges for utility service in
accordance with the following schedules:
(a) Monthly service charges. The monthly service charge
shall be:
(1) Customer cost charge. A customer cost charge of
$2.44 for each service account. However, customers
who have only a water account or a wastewater
account shall pay a customer cost charge of $4.88.
(2) Commodity cost charge.
(i) Water: $1.47 per 100 cubic feet (Ccf).
(ii) Wastewater: $1.78 per 100 cubic feet (Ccf).
(3) Capacity cost charge.
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CustomerClass
(i) Dwelling, single-
family, including
townhouses and mobile
homes that are not
located in a mobile
home park
(ii) Dwelling, two-family
(per unit)
(iii) Mobile homes that are
located in a mobile
home park and multiple-
family dwellings other
than multiple-family
dwellings used
exclusively as housing
for colleges or
universities (per unit)
Monthly Capacity
Charge
Meter Number Water Wastewater
Size of
(inches) ERU's
per
Unit
5/8 1.00 6.32 $ 11.52
5/8 1.00 6.32 11.52
0.85 5.37 9.79
(iv) All other customer 5/8 and 1.00 6.32 11.52
classes
1 2.50 15.80 28.80
1;~ 5.00 31.60 57.60
2 8.00 50.56 92.16
3 16.00 101.12 184.32
4 25.00 158.00 288.00
6 50.00 316.00 576.00
8 80.00 505.60 921.60
10 115.00 726.80 1,324.80
12 155.00 979.60 1,785.60
(v) The capacity cost charge for a dwelling that is served
by a meter that is larger than five-eighths inch shall
be the capacity cost charge in subsection (a)(3)(iv).
0 0 0
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
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8 . A. 2 . ADOPTION OF ORDINANCF. F.START.T GHTN[3 THF!
LEVY ON VARIOUS CLASSES OF REAL ESTATE AND
'TAX
EtS ONAL
pRnp~umv
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following ordinance:
AN ORDINANCE TO ESTABLISH THE ANNUAL TAX LEVY
ON VARIOUS CLASSES OF PROPERTY FOR THE
COUNTY OF CHESTERFIELD
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That for the year beginning on the first day of January,
2013, and ending on the thirty-first day of December, 2013,
the taxes on property in all the Magisterial Districts of the
County of Chesterfield shall be as follows:
Sec. 1. Real Property and Mobile Homes.
(a) Except as provided in Sec. 1 (b), on tracts of
land, lots or improvements thereon and on mobile homes the
tax shall be $0.95 on every $100 of assessed value thereof.
(b) On tracts of land, lots or improvements thereon and
on mobile homes in the Charter Colony Powhite Parkway
Transportation District the tax shall be $1.10 on every $100
of assessed value thereof.
Sec. 2. Personal Property.
(a) On automobiles, trailers, boats, boat trailers,
other motor vehicles and on all tangible personal property
used or held in connection with any mining, manufacturing or
other business, trade, occupation or profession, including
furnishings, furniture and appliances in rental units, the
tax shall be $3.60 on every $100 of the assessed value
thereof .
(b) On aircraft as defined by Section 58.1-3503 and
-3506 of the Code of Virginia, 1950, as amended, the tax
shall be $.50 on every $100 of the assessed value thereof.
(c) On motor vehicles owned or leased by members of
volunteer rescue squads, volunteer fire departments,
volunteer police chaplains and by auxiliary police officers
as provided in Section 9-57, Code of the County of
Chesterfield, 1997, as amended, the tax shall be $.96 on
every $100 of the assessed value thereof.
(d) On wild or exotic animals as defined by Section
58.1-3506 of the Code of Virginia, 1950, as amended, the tax
shall be $0.01 on every $100 of the assessed value thereof.
(e) On motor vehicles which use clean special fuels as
defined in Section 46.2-749.3 of the Code of Virginia, 1950,
as amended, the tax shall be $3.24 on every $100 of the
assessed value thereof.
(f) On motor vehicles, trailers, and semitrailers with
a gross vehicle weight of 10,000 pounds or more used to
transport property for hire by a motor carrier engaged in
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interstate commerce, the tax shall be $.96 on every $100 of
the assessed value thereof.
(g) On motor vehicles which are specially equipped to
provide transportation for physically handicapped
individuals, the tax shall be $.O1 on every $100 of the
assessed value thereof.
Sec. 3. Public Service Corporation Property.
(a) On that portion of real estate and tangible
personal property of public service corporations which has
been equalized as provided in Section 58.1-2604 of the Code
of Virginia, 1950, as amended, the tax shall be $0.95 on
every $100 of the assessed value thereof determined by the
State Corporation Commission.
(b) The foregoing subsections to the contrary
notwithstanding, on automobiles and trucks belonging to such
public service corporations the tax shall be $3.60 on every
$100 of assessed value thereof.
Sec. 4. Machinery and Tools.
On machinery and tools used in a manufacturing or mining
business the tax shall be $1.00 on every $100 assessed value
thereof.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.A.3. ADOPTION OF THE FY2014 COMMUNITY DEVELOPMENT BLOCK
GRANT AND THE HOME INVESTMENT PARTNERSHIPS ANNUAL
PLAN
In response to Ms. Jaeckle's question, Mr. Carmody stated
allocations are based on the tentative notification received
but are contingent upon final award notification from HUD of
an approved grant amount for FY2014.
Mr. Holland made a motion, seconded by Mr. Warren, for the
Board to adopt the FY2014 Community Development Block Grant
and the HOME Investment Partnerships Annual Plan with
proposed revisions as presented.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.A.4. ADOPTION OF THE FY2014-FY2018 CAPITAL IMPROVEMENT
PROGRAM
Mr. Gecker stated there have been many conversations on the
commitment to the. public regarding bond referendum projects.
He noted the Robious Road Library was a 2004 bond referendum
project and if the philosophy of the Board turns out to be by
majority vote that there will not be another bond referendum
project until the 2004 projects are accounted for, the Board
should put back those funds that were taken from the Robious
Road Library in their proper place in the Capital Improvement
Program.
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Mr. Holland stated additional studies are needed relative to
the Robious Road Library. He stated the site is 1.4 miles
from Powhatan and suggested consideration for adjoining to
that jurisdiction as that project is being contemplated.
Ms. Jaeckle stated the bond referendum project was approved
by the voters and the location should not be an issue.
Mr. Gecker stated the Robious Road Library project should not
be disregarded and should not be carved up into other
projects.
Mr. Elswick suggested not allocating $1.9 million that was
designated in the CIP for the Central Library upgrade.
Mr. Gecker stated the Board should not be put in a
circumstance where all 2004 bond referendum projects are
completed, except for one. He further stated land has been
donated and plans have been drafted for the Robious Road
Library. He stated to take away a project that was voted on
by the public, seems to be wrong.
In response to Mr. Holland's question, Mr. Gecker stated
since Powhatan does not have jurisdiction with the site, he
does not feel the need to consult with members of their
Board. He noted there are a number of county properties
located close to other jurisdictions.
Mr. Warren concurred with Mr. Gecker. He stressed the
importance of honoring agreements with the majority of the
public who approved the bond referendum. He stated it would
be disingenuous if the Board did not fill the gap to fund the
Robious Road Library.
In response to Mr. Elswick's question, Mr. Carmody stated the
proposal before the Board would appropriate $1.9 million for
the Central Library project and appropriate no dollars for
Robious Road Library.
In response to Mr. Stegmaier's question, Mr. Carmody stated
Robious Road Library was funded over several years, beginning
with roughly $1.1 million in FY2014 and continuing through
FY2017. He suggested that the Board refer to the CIP that was
adopted a year ago.
In response to Mr. Gecker's
adopting the previous year's
FY2015 and beyond.
question, Mr. Carmody stated
CIP will impact projects in
Ms. Jaeckle stated she understands the philosophy to keep the
Board's commitment to the public regarding the 2004 bond
referendum. She stressed the importance of operating the
county's current libraries at their full potential instead of
building new ones. She noted she is absolutely in support of
libraries; however, she is hesitant to move forward building
new facilities.
Mr. Gecker stated he is not proposing that the Robious Road
Library be built at this point in time. He noted the proposed
CIP eliminates the library entirely from the queue. He noted
he is not proposing additions to the operational impact. He
stated redirecting dollars from other facilities, effectively
eliminating Robious Road Library from the line seems wrong.
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Ms. Jaeckle recommended deferring the issue to the April 24
regularly scheduled meeting.
Discussion ensued relative to adoption of the current CIP.
In response to Mr. Warren's question, Mr. Carmody stated a
site has been dedicated for the Robious Road Library;
however, no dollars have been appropriated for the project.
Mr. Gecker stated he viewed preliminary sketches of the site
at a constituent meeting.
Mr. Warren stated he is inclined to defer consideration of
the Robious Road Library item to give staff an opportunity to
address Board member issues.
Mr. Warren then made a motion to defer the Robious Road
Library project, and approve the remainder of the CIP.
Mr. Warren's motion died due to lack of a second.
In response to Mr. Warren's suggestion, Mr. Gecker stated the
funding of the library would ultimately come from other
projects being recommended. He further stated the options are
to approve the proposal as a whole or with suggested changes.
Mr. Carmody stated adding Robious Road Library to the
proposal will affect outer years of the Capital Improvement
Program.
In response to Mr. Stegmaier's question, Mr. Carmody stated
the total cost of Robious Road Library would be $12.5
million, $8 million spread out over the course of the CIP; $4
million of which is not yet allocated to any project. He
further stated the amount of bond money available for the
Robious Road Library project is $7 million. He noted when the
referendum was approved, the package was coupled with $60
million of general fund dollars collectively across all five
categories, with mixed funding for projects.
Mr. Stegmaier stated under the motion to defer, the
suggestion would be over the term of the CIP, go back and
account for the $7 million of bonds being sold and identify
another $5 million from another source to cover the balance
of funding for the Robious Road Library.
In response to Mr. Gecker's question, Mr. Carmody stated the
bond referendum projects were planned to be financed through
FY2011, with Robious Road Library on the back end of that
window. He further stated a proposal can be brought before
the Board to accommodate the recommended changes.
Mr. Gecker expressed concerns relative to going forward with
one project that impacts operational priorities and
exterminating another project that impacts the capital side.
In response to Ms. Jaeckle's question relative to funding to
cover security enhancements, Mr. Stegmaier stated that
particular item is being considered to cover shortfalls going
forward.
Ms. Jaeckle made a motion, seconded by Mr. Gecker, for the
Board to defer the FY2014-FY2018 Capital Improvement Plan,
with proposed revisions as presented, until April 24, 2013.
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In response to Mr. Warren's question, Mr. Stegmaier stated
the Board is obligated to adopt the CIP by May 1, 2013.
Discussion ensued relative to the intention to defer the
proposal.
In response to Mr. Stegmaier's question, Mr. Carmody stated
the Board could find another financing mechanism to cover the
$5 million to construct the Robious Road Library, without
affecting the general fund allocated to other projects.
Ms. Jaeckle called for a vote on her motion, seconded by Mr.
Decker, for the Board to defer the FY2014-FY2018 Capital
Improvement Plan with proposed revisions as presented, until
April 24, 2013.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.A.5. ADOPTION OF ORDINANCE AMENDMENTS RELATING TO TAX
RELIEF FOR THE ELDERLY AND DISABLED PROGRAM
Mr. Elswick stated he would not support the proposal. He
further stated his decision was based on his position to not
raise real estate taxes.
In response to Mr. Decker's question, Mr. Carmody stated in
the FY2014 plan, the proposal would generate approximately
$750,000 in savings for a full tax year, only half of which
would be realized for FY2014.
Ms. Jaeckle stated the purpose of the proposal was based on
accelerated housing values. She further stated based on the
income brackets and proposed changes, she believes the tax
relief is fair and reasonable for elderly and disabled
individuals.
Mr. Holland concurred with Ms. Jaeckle and stated the program
meets the needs of those individuals that can most benefit
from it. He further .stated he supports the proposal.
Mr. Gecker stated he personally would have excluded the
exemption above $39,000. He further stated the starting pay
of teachers, firefighters and police officers falls into that
category. He stated he supports the proposal.
Mr. Warren stated he does not support the proposal. He
further stated senior citizens have contributed a great deal
to the economy, and for their relief to be changed at this
time is a disservice.
On motion of Mr. Holland, seconded by Mr. Decker, the Board
adopted the following ordinance, with revisions as presented:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 9-25 RELATING TO REAL
ESTATE TAX RELIEF FOR THE ELDERLY AND DISABLED
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
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(1) That Section 9-25 of the Code of the County of
Chesterfield, 1997, as amended, are amended and re-enacted to
read as follows:
Sec. 9-25. Schedule of exemptions permitted.
The amount of exemption from real estate taxation under
this section shall be determined in accordance with the
following schedule:
Income Percentage
Categories of Exemption
(i) $0.00 through 27,200.00 100
(ii) 27,201.00 through 39,000.00 60
(iii) 39,001.00 through $52,000.00 35
(2) That this ordinance shall become effective commencing
for the 2014 tax year.
Ayes: Jaeckle, Holland and Gecker.
Nays: Elswick and Warren.
The following item was moved by the Chairman to be discussed
prior to the budget adoption:
8.A.8. AUTHORIZATION TO PROCEED WITH THE REAMS GORDON
LIBRARY AND HARROWGATE ROAD FIRE STATION PROJECTS
Mr. Holland stated he has given the matter great
consideration and believes it is time to move forward with
the proposed projects.
Mr. Holland then made a motion, seconded by Mr. Warren, for
the Board to authorize the County Administrator to enter
into, or modify design agreements to amend the Reams Gordon
Library construction documents to be in compliance with the
current building code and authorized the County Administrator
to solicit bids and award a contract for construction for the
Harrowgate Road Fire Station and Reams Gordon Library project
within the established budgets.
Mr. Gecker stated giving the County Administrator sole
authority to solicit bids and award a contract is
irresponsible and a dereliction of the Board's
responsibility. He further stated the county has maintained a
good level of service throughout an unprecedented downturn in
property revaluations. He stated the county has held the line
with very little diminution in citizen services. He further
stated he would prioritize, in terms of operating revenue,
bringing back personnel into the school division over the
Reams Gordon Library and Harrowgate Road Fire Station
projects. He noted the site to build the Reams Gordon Library
is ringed with numerous county libraries. He stated he
understands .the philosophy that the operating impact does not
occur in the current fiscal year; however, to turn a blind
eye to the ongoing operational side of the budget would be
imprudent and goes against the Chesterfield approach. He
further stated he has not gotten a response from staff
regarding his request to find low priority items that could
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be taken out of FY2015 operational budget in order to move
forward with certain projects. He stated until priorities are
adequately weighed, it is premature to make a decision to add
funds to the operating side of the budget. He noted if
revenue was increasing, he would support the construction of
the proposed projects because they are consistent with the
Comprehensive Plan and are focused on public dollars being
reinvested in older areas of the community. He stated the
Board has done an unbelievably good job in the last five
years, holding the line against increases like the ones being
proposed.
Ms. Jaeckle stated maintaining the county's current public
facilities are more important, instead of expanding
operations. She further stated she has been adamant about
pushing for career development for the public safety
division. She expressed concerns relative to school electives
and pupil/teacher ratio.
In response to Ms. Jaeckle's question, Dr. Newsome stated at
the beginning of each fiscal year, 20 percent of school base
and central office funding is held to accommodate for any
unforeseen changes and challenges within the budget.
Ms. Susan Newton, Director of Management and Budget at
Chesterfield County Public Schools, stated some areas that
have seen cuts are due to loss of state revenue for lower
than expected student memberships, and workmens compensation
costs and healthcare costs have increased. She further stated
there are plans for sequestration; however, there has not
been enough guidance from the state and federal government on
those affects.
Ms. Jaeckle stated it is not prudent for the Board to proceed
with the proposal until residential real estate begins to
show increases in values. She expressed concerns relative to
language in the report specifying "sizable expenditure
pressures that are projected to outstrip near-term revenue
growth." She stated she believes it is unwise to move forward
with expenses that are not necessary at this point in time.
Mr. Elswick stated he fears if the Board does not move
forward with the 2004 bond referendum projects, there will
not be an interest from the public to approve an upcoming
bond referendum and meals tax. He further stated if there is
an option to address pupil/teacher ratio, is the Board
willing to risk future bond referenda to revitalize school
facilities and address other school-related issues.
Mr. Holland stated the goal of the Board is to be more
efficient, cost effective and allocate and use dollars
wisely. He stressed the importance of teaching students
financial literacy. He stated the Board will continue to
monitor capital projects and maintain reports relative to how
assets are spent in the future.
Ms. Jaeckle referred to a chart related to the county's
general fund history. She stated the operating costs could
easily be absorbed by bond referendum projects. She further
stated when the referendum was approved, there was an idea
that revenue was inflating to meet the costs of those
projects.
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Mr. Gecker expressed concerns relative to choosing to reduce
services in the future without allowing the public or the
Board to understand what those services are. He stated there
will be significant pressures in the future from the Virginia
Retirement System, the Affordable Care Act and TMDL
regulations on the county's budget. He further stated he is
not prepared to vote for future service reductions without
understanding what those reductions entail and being able to
weight their priority against the expenditure of operating
funds for a library or fire station.
Mr. warren stated citizens he has spoken with are in support
of the new bond referendum and the possibility of a new
funding source that will focus on revitalizing schools. He
further stated he recommends approval of the proposal.
Mr. Gecker asked Mr. Holland to consider an amendment to
solicit bids and not give the County Administrator the
authority to award a contract until those bids are
established.
Mr. Holland stated he trusts the County Administrator and
staff's direction to proceed with the proposal.
Ms. Jaeckle called for a vote on the motion made by Mr.
Holland, seconded by Mr. Warren, for the Board to authorize
the County Administrator to enter into, or modify design
agreements to amend the Reams Gordon Library construction
documents to be compliant with the current building code.
And, further, the Board authorized the County Administrator
to solicit bids and award a contract for construction for the
Harrowgate Road Fire Station and Reams Gordon Library project
within the established budgets.
Ayes: Elswick, Warren and Holland.
Nays: Jaeckle and Gecker.
8.A.6. ADOPTION OF THE FY2014 BIENNIAL FINANCIAL PLAN
Mr. Holland made a motion, seconded by Mr. Warren, for the
Board to adopt the FY2014 Biennial Financial Plan.
Ms. Jaeckle expressed concerns relative to the state mandate
relative to the requirement of financial literacy education
and its potential impact to the school division.
In response to Ms. Jaeckle's concerns, Mr. Stegmaier stated
staff has started the process to identify additional funds in
the school budget for FY2014.
Mr. Carmody stated the superintendent typically submits the
budget to the School Board, which is then forwarded to the
Board of Supervisors for consideration.
Mr. Holland stated he is in full support of suggested school
budget amendments and adjustments.
Ms. Jaeckle stated there has always been conservative
budgeting and flexibility to make decisions for unforeseeable
issues that were not anticipated. She stressed the importance
of electives in the school system.
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Discussion ensued relative to the process of identifying
additional funds in the school budget for FY2014.
Mr. David Wyman, Chairman of the School Board, stated
flexibility in regards to employee positions has been cut
from the budget over the last few years. He further stated
there are many challenging hurdles to overcome in the school
system including a decrease in electives and the
pupil/teacher ratio issue.
In response to Mr. Warren's question regarding the proposed
referendum and meals tax intended for schools, Mr. Wyman
stated the School Board would be in full support of the
proposal.
Mr. Gecker reiterated the request to the County Administrator
to search for funds in the operating budget in order to
increase the school allocation.
Ms. Jaeckle called for a vote on the motion made by Mr.
Holland, seconded by Mr. Warren, for the Board to adopt the
FY2014 Biennial Financial Plan.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.A.7. ADOPTION OF RESOLUTION APPROPRIATING FUNDS FOR FY2014
Mr. Carmody stated given the deferral of the Capital
Improvement Program, he suggested deferral of the
appropriations resolution.
Mr. Gecker made a motion, seconded by Mr. Holland, for the
Board to defer adoption of the resolution appropriating funds
for FY2014, until April 24, 2013.
Ms. Jaeckle expressed her appreciation to Mr. Carmody and his
staff for their involvement in preparing the budget.
Ms. Jaeckle called for a vote on the motion made by Mr.
Gecker, seconded by Mr. Holland, for the Board to defer
adoption of the resolution appropriating funds for FY2014,
until April 24, 2013.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.A.9. AUTHORIZATION TO INITIATE PROCESS OF PREPARING FOR A
MEALS TAX AND BOND REFERENDA
Mr. Holland made a motion, seconded by Mr. Elswick, for the
Board to authorize the County Administrator to bring forward
resolutions authorizing a bond financing referendum and a
meals tax referendum.
Ms. Jaeckle expressed concerns relative to the implementation
of a meals tax. She stated she is opposed to a meals tax
because she believes it is the responsibility of property
owners to pay a higher property tax to renovate schools. She
further stated she will support the proposal in order to
revitalize the county's schools.
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Mr. Carmody stated the proposal initiates the process for a
bond referendum in order to see where funds can be allocated.
Mr. Stegmaier stated staff will work with the Board to nail
down and try to arrive at some kind of consensus about where
exactly funds would be allocated. He further stated it is
extremely important there is no ambiguity when the public is
presented a proposal.
Mr. Gecker stated he does not support the idea of a meals
tax; however, he understands the importance of additional
revenue to fund projects identified in the Comprehensive Plan
process and will support the proposal.
Ms. Jaeckle called for a vote on the motion made by Mr.
Holland, seconded by Mr. Elswick, for the Board to authorize
the County Administrator to bring forward resolutions
authorizing a bond financing referendum and a meals tax
referendum.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B. CONSENT ITEMS
8.B.1. ADOPTION OF RESOLUTIONS
8.B.l.a. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT
8.B.i.a.1. SERGEANT WENDAL R. PEYTON, POLICE DEPARTMENT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Sergeant Wendal R. Peyton retired from the
Chesterfield County Police Department on April 1, 2013, after
providing nearly 25 years of dedicated and professional
service to the citizens of Chesterfield County; and
WHEREAS, Sergeant Peyton's law enforcement career began
with the City of Richmond Police Department in 1986; and
WHEREAS, Sergeant Peyton has faithfully served
Chesterfield County in the capacity of Police Officer,
Detective, Detective First Class, Senior Detective and
Sergeant; and
WHEREAS, during his tenure, Sergeant Peyton has served
as a Field Training Officer, General Instructor, Defensive
Tactics Instructor and Firearms Instructor, and has also
served as a Vice and Narcotics Detective and Sergeant, and as
a Sergeant in the Investigation Bureau sections of Juvenile,
Persons, and Major Case; and
WHEREAS, Sergeant Peyton was the recipient of a Chief's
Commendation for his actions during the investigation of two
robberies of Nations Bank and the fatal shooting of the bank
guard, after the work of Sergeant Peyton and two co-workers
resulted in the capture of the suspect before another crime
was committed, and, due to their efforts and with assistance
from other agencies, the suspect was located and taken into
custody without incident and the murder weapon, as well as
several thousands of dollars, were recovered; and
WHEREAS, Sergeant Peyton was commended for his diligent
work in the resolution of a number of sexual abuse cases
where juveniles were assaulted, after being assigned to an
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initial peeping Tom case, and conducting an extensive
investigation, working closely with other jurisdictions, the
victims and the Commonwealth's Attorney; and
WHEREAS, due to Sergeant Peyton's drive to see the high-
profile investigation completed, the case led to the arrest
and conviction of Joseph Frank Smith, known as the "Bandana
Bandit," who received a life sentence in prison, and multiple
cases in Chesterfield County and other jurisdictions were
cleared by the arrest; and
WHEREAS, while serving as a member of the Vice and
Narcotics Unit, Sergeant Peyton was the recipient of a Unit
Citation Award, as a result of the unit's work ethic, skill
level and dedication to the team, seizing drugs with a street
value of more than three million dollars and cash assets of
over $100,000; and
WHEREAS, Sergeant Peyton has received multiple Chief's
Commendations and Achievement Certificates in recognition of
his exceptional experience, investigative skills, teamwork,
and devotion to duty, all of which he has used in the
apprehension of dangerous criminals; and
WHEREAS, Sergeant Peyton is recognized for his
professional attitude, consistent team focus and
communications and human relations skills, which he has
utilized within the Police Department and in assisting
citizens of Chesterfield County; and
WHEREAS, Sergeant Peyton has received numerous letters
of commendation, thanks and appreciation during his career
from the citizens of Chesterfield County for service
rendered; and
WHEREAS, Sergeant Peyton has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Sergeant Peyton's diligent service.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes Sergeant Wendal R.
Peyton, and extends on behalf of its members and the citizens
of Chesterfield County, appreciation for his service to the
county, congratulations upon his retirement, and best wishes
for a long and happy retirement.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.1.b.2. MRS. BEVERLY CANADA, SOCIAL SERVICES DEPARTMENT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Mrs. Canada will retire from the Chesterfield-
Colonial Heights Department of Social Services on April 30,
2013 , after 33 years of dedicated service to the citizens of
Chesterfield County and the City of Colonial Heights; and
WHEREAS, Mrs. Canada began her career with the
Chesterfield-Colonial Heights Department of Social Services
on February 19, 1980, as a Senior Eligibility Worker; and
WHEREAS, Mrs. Canada has served as the agency's
Automation Coordinator since June 22, 2002; and
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WHEREAS, Mrs. Canada was responsible for coordinating
and managing all state and local automated systems utilized
by the Chesterfield-Colonial Heights Department of Social
Services;. and
WHEREAS, Mrs. Canada served as the primary liaison and
point of contact with the Virginia Department of Social
Services information technology office and the Chesterfield
Information Systems Technology Department; and
WHEREAS, Mrs. Canada served as the agency's Security
Officer for a multitude of complex local and state automated
systems, provided training and coaching to agency staff and
identified, evaluated and resolved technical issues on a
daily basis; and
WHEREAS, Mrs. Canada contributed to the agency's mission
and goals by serving on many work groups such as the Social
Services Information System Replacement Project,
implementation of the Electronic Benefit Transfer process,
and imaging of the Child Care Program; and
WHEREAS, Mrs. Canada was very knowledgeable about the
agency's complex programs and services, provided exemplary
service to the agency's internal and external customers, and
was well known for her compassion, empathy and strong work
ethic; and
WHEREAS, Mrs. Canada has been an asset to the
Chesterfield-Colonial Heights Department of Social Services
and will be greatly missed by her colleagues.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mrs. Beverly Canada
and extends on behalf of its members and the citizens of
Chesterfield County, appreciation for her service to the
county, congratulations upon her retirement, and best wishes
for a long and happy retirement.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.l.b. RECOGNIZING APRIL 2013, AS "CHILD ABUSE PREVENTION
MONTH" IN CHESTERFIELD COUNTY
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, child abuse is a tragic problem, and finding
solutions depends on involvement among people throughout the
community; and
WHEREAS, child maltreatment occurs when people find
themselves in stressful situations, without community
resources and without the ability to cope; and
WHEREAS, 682 investigations or assessments of child
abuse and neglect were conducted in fiscal year 2012 in
Chesterfield County; and
WHEREAS, the severe problems of domestic violence and
substance abuse are particularly prevalent and lead to
children being at risk of child abuse and neglect throughout
our community; and
WHEREAS, the effects of child abuse have significant
negative impacts on our entire community; and
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WHEREAS, children raised in safe and nurturing homes
strengthen our county, and all citizens should be partners`
helping to prevent child abuse and become more aware of its
negative effects; and
WHEREAS, effective child abuse prevention programs
succeed through partnerships that include social service
agencies, healthcare providers, schools, religious and civic
organizations, law enforcement agencies and the business
community; and
WHEREAS, parents have the most critical influence on
their children's development and need community support and
education in celebrating the jobs and negotiating the
challenges of parenting.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the month of April
2013, as "Child Abuse Prevention Month" in Chesterfield
County, and encourages all citizens to participate in
appropriate programs and activities that help protect our
community's children.
Ayes: Jaeckle, Elswick, Warren, Holland and Decker.
Nays: None.
8.B.l.c. RECOGNIZING MR. CONNOR WILLIAM YOKE UPON ATTAINING
THE RANK OF EAGLE SCOUT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law, Mr. Connor William Yoke,
Troop 2806, sponsored by Woodlake United Methodist Church,
has accomplished those high standards of commitment and has
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 his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Connor has distinguished himself as a member 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 recognizes Mr. Connor William
Yoke, extends congratulations on his attainment of Eagle
Scout, and acknowledges the good fortune of the county to
have such an outstanding young man as one of its citizens.
Ayes: Jaeckle, Elswick, Warren, Holland and Decker.
Nays: None.
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8.B.l.d. RECOGNIZING MAY 12-18, 2013, AS "NATIONAL LAW
ENFORCEMENT WEEK" IN CHESTERFIELD COUNTY
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, one of Chesterfield County's seven strategic
goals is "to be the safest and most secure community of its
size"; and
WHEREAS, no community goal is more important and
fundamental than the safety of family, self and others whom
we hold dear; and
WHEREAS, our law enforcement teams that operate in
Chesterfield County daily report for duty knowing full well
the dangers they face and the sacrifices they may be called
upon to make; however, they face these dangers with
dedication, steadfastness and bravery as they provide vital
public safety service to all citizens; and
WHEREAS, this service is provided 24 hours a day and
365 days a year, and is the foundation upon which our
quality of life rests; and
WHEREAS, Chesterfield County is grateful and honored to
have such outstanding and professional individuals serving
as law enforcement officers in the county to protect its
citizenry and, as we honor their service, we commit to honor
the ultimate sacrifice of the three Virginia law enforcement
officers and the 119 national law enforcement officers who
gave their lives in 2012 in the line of duty.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby recognizes the week of
May 12-18, 2013, as "National Law Enforcement Week" in
Chesterfield County and calls this recognition to the
attention of all its citizens, as well as publicly salutes
the service of all law enforcement officers across our great
nation and in the Commonwealth of Virginia.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.i.e. RECOGNIZING THE STATE CONVENTION OF THE IOTA STATE
ORGANIZATION, THE DELTA KAPPA GAMMA SOCIETY
INTERNATIONAL
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, The Delta Kappa Gamma Society International is
a professional honorary society of women educators; and
WHEREAS, The Delta Kappa Gamma Society International was
established in 1929; and
WHEREAS, the purposes of The Delta Kappa Gamma Society
International are to unite women educators of the world in a
genuine spiritual fellowship; to honor women who have given
or who evidence a potential for distinctive service in any
field of education; to advance the professional interest and
position of women in education; to initiate, endorse and
support desirable legislation or other suitable endeavors in
the interests of education and of women educators; and
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WHEREAS, other purposes include to endow scholarships to
aid outstanding women educators in pursuing graduate study
and to grant fellowships to non-member women educators; to
stimulate the personal and professional growth of members and
to encourage their participation in appropriate programs of
action and to inform the members of current economic, social,,
political and educational issues so that they may participate
effectively in a world society; and
WHEREAS, by 2004, the Society had more than 132,000
members in more than 2,960 chapters around the world; and
WHEREAS, The Delta Kappa Gamma Society International
members include classroom teachers, college and university
professors, administrators and supervisors, librarians and
educational specialists; and
WHEREAS, individual chapters of The Delta Kappa Gamma
Society International carry out a variety of beneficial and
supportive programs and projects; and
WHEREAS, many state organizations and chapters also
award scholarships and study grants at their respective
levels; and
WHEREAS, The Delta Kappa Gamma Society International has
established a World Fellowship Fund to provide opportunities
for women educators to study in colleges and universities not
located in their country; and
WHEREAS, in 1979, the Society celebrated its golden
anniversary by establishing the Golden Gift Fund to advance
the Society's purposes by providing for leadership/management
seminars; for travel grants to members attending
international meetings where representation of the Society
would help toward developing mutual understanding; for
special stipends to research and offer alternatives to
problems common to educators and/or education; and for
workshops to address special member needs; .and
WHEREAS, The Delta Kappa Gamma Society International
presents an Educator's Award to the author(s) of a book that
may influence future directions of education; and
WHEREAS, other Society programs include the Eunah Temple
Holden Leadership Fund for promoting special leadership
development projects; the Emergency Fund, which gives
assistance to members who sustain losses from natural
disasters; and the International Speakers Fund, which assists
with travel expenses incurred by speakers who address
gatherings in countries other than their own; and
WHEREAS, a newsletter and professional journal are sent
to members on a regular basis from International
Headquarters; in addition, many state organizations and
chapters publish newsletters, and monographs and research
studies by members that are of interest to educators are also
published; and
WHEREAS, these endeavors by The Delta Kappa Gamma
Society International are worthy of merit; and
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WHEREAS,
Organization,
will be held
Virginia.
the biennial State Convention of the IOTA State
The Delta Kappa Gamma Society International,
April 26-28, 2013, in Chesterfield County,
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, on behalf of the residents of
Chesterfield County, extends its congratulations to The Delta
Kappa Gamma Society International, welcomes the biennial
State Convention of the IOTA State Organization, The Delta
Kappa Gamma Society International to Chesterfield County, and
extends sincere best wishes for continued success.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.2. INITIATE AN APPLICATION FOR CONDITIONAL USE
APPROVAL AND CONDITIONAL USE PLANNED DEVELOPMENT
APPROVAL RELATIVE TO A SECOND DWELLING UNIT ON
PROPERTY LOCATED ON LITTLE CREEK LANE
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
initiated an application for conditional use approval to
permit a dwelling unit separated from the principal dwelling
unit and conditional use planned development approval to
allow exceptions to ordinance requirements relative to
setbacks on property located at 5139 Little Creek Lane (Tax
ID 776-682-7908), in an Agricultural (A) zoning district,
appointed Kirkland Turner, Director of Planning, as agent for
the Board of Supervisors for the purpose of the application
and waived disclosure.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.8.4. CONVEYANCE OF EASEMENT TO VIRGINIA ELECTRIC AND POWER
COMPANY TO SERVE THE BENSLEY PARK CELL TOWER SITE
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an agreement with Virginia
Electric and Power Company for a 15' underground easement to
serve the Bensley Park cell tower site at 2750 Drewys Bluff
Road. (It is noted a copy of the plat is filed with the
papers of the Board.)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.5. REQUESTS FOR PERMISSION
8.B.5.a. FROM NORMAN W. MANUEL AND CAROLINE B. MANUEL FOR A
PROPOSED PRIVACY FENCE TO ENCROACH WITHIN AN EIGHT-
- FOOT EASEMENT ACROSS LOT 5, BLOCK A, ESTRIDGE,
SECTION A
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
granted Norman W. Manuel and Caroline B. Manuel permission
for a proposed privacy fence to encroach within an 8'
easement across Lot 5, Block A, Estridge, Section A, 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: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
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8.B.5.b. FROM CHESTERFIELD COUNTY PUBLIC SCHOOLS TO INSTALL
A PRIVATE WATER SERVICE AND DESIGNATE A PRIVATE
EASEMENT ON COUNTY PROPERTY TO SERVE A BUILD-A-
HOUSE DWELLING ON WOODPECKER ROAD
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
granted Chesterfield County Public Schools permission to
install a private water service within a private easement
designated on county property to serve a build-a-house
dwelling at 19801 Woodpecker Road, and authorized the County
Administrator to execute the water connection agreement and
declaration. (It is noted a copy of the plat is filed with
the papers of this Board.)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.6. AWARD OF CONTRACT FOR THE ELKHARDT TANK RENOVATION
PROJECT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
awarded a construction contract for county project #12-0116,
Elkhardt Tank Renovation to Town Hall Painting Corporation in
the amount of $559,052, and authorized the County
Administrator to execute the necessary documents.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.7. DESIGNATION FOR RIGHT OF WAY FOR THE STREETSCAPE
PROJECT ON JEFFERSON DAVIS HIGHWAY IN THE VICINITY OF
FALLING CREEK
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
designated right of way for Jefferson Davis Highway and
authorized the County Administrator to execute the
declaration.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.8. STATE ROADS ACCEPTANCE
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
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,
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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/Subdivision: Collington Section 8
Type Change to the Secondary System miles of State Highways:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: X33.1-229
Street Name and/or Route Number
• Wooferton Drive, State Route Number 7155
From: Existing Route 7155, 0.03 miles west Wycombe Road
(Route 7154)
To: Route 7676 Wooferton Place, a distance of: 0.01 miles.
Recordation Reference: Plat Book 165, Pg. 23
Right of Way width (feet) = 44 feet
• Ascot Drive, State Route Number 7677
From: Wooferton Drive (Route 7155)
To: South to Route 7678 Longtown Drive, a distance of: 0.04
miles.
Recordation Reference: Plat Book 165, Pg. 23
Right of Way width (feet) = 44 feet.
• Longtown Drive, State Route Number 7678
From: Ascot Drive (Route 7677)
To: Longtown Place (Route 7679), a distance of: 0.05 miles.
Recordation Reference: Plat Book 165, Pg. 23
Right of Way width (feet) = 44 feet.
• Longtown Drive, State Route Number 7678
From: Longtown Place (Route 7679)
To: Temporary end, a distance of: 0.02 miles.
Recordation Reference: Plat Book 165, Pg. 23
Right of Way width (feet) = 44 feet.
• Wooferton Place, State Route Number 7676
From: Wooferton Drive (Route 7155)
To: Cul-de-sac, a distance of: 0.02 miles.
Recordation Reference: Plat Book 165, Pg. 23
Right of Way width (feet) = 44 feet.
• Ascot Drive, State Route Number 7671
From: Wooferton Drive (Route 7155)
To: Loop to Route 7678 Longtown Drive,
miles.
Recordation Reference: Plat Book 165,
Right of Way width (feet) = 44 feet.
a distance of: 0.18
Pg. 23
• Longtown Drive, State Route Number 7678
From: Ascot Drive (Loop) (Route 7677)
To: East to Route 7677~'Ascot Drive (Loop),
0.10 miles.
Recordation Reference: Plat Book 165, Pg.
Right of Way width (feet) = 44 feet.
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• ~looferton Drive, State Route Number 7155
From: Wooferton Place (Route 7676)
To: Route 7677 Ascot Drive, a distance of: 0.10 miles.
Recordation Reference: Plat Book 165, Pg. 23
Right of Way width (feet) = 44 feet.
• Longtown Drive, State Route Number 7678
From: Ascot Drive (west loop) (Route 7677)
To: 0.02 miles west to temporary end, a distance of: 0.02
miles.
Recordation Reference: Plat Book 165, Pg. 23
Right of Way width (feet) = 44 feet.
• Longtown Place, State Route Number 7679
From: Longtown Drive (Route 7678)
To: Cul-de-sac, a distance of: 0.02 miles.
Recordation Reference: Plat Book 165, Pg. 23
Right of Way width (feet) = 40 feet.
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 the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
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/Subdivision: Harpers Mill Section 1
Type Change to the Secondary System miles of State Highways:
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: X33.1-229
Street Name and/or Route Number
• Longlands Road, State Route Number 7684
From: Longlands Court (Route 7687)
To: 0.03 miles west of Longlands Court (Route 7687), a
distance of: 0.03 miles.
Recordation Reference: Plat Book 181, Pg. 57
Right of Way width (feet) = Var.
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• Longlands Road, State Route Number 7684
From: Pullman Lane (Route 7599)
To: 0.02 miles west of Route 7599 Pullman Lane, a distance
of: 0.02 miles.
Recordation Reference: Plat Book 181, PG. 57
Right of Way width (feet) = 55 feet
• Longlands Court, State Route Number 7687
From: Longlands Road (Route 7684)
To: Cul-de-sac, a distance of: 0.06 miles.
Recordation Reference: Plat Book 181, PG. 57
Right of Way width (feet) = 50 feet
• Pullman Lane, State Route Number 7599
From: Longlands Road (Route 7684)
To: 0.04 miles south of Route 7684 to existing Route 7599, a
distance of: 0.04 miles.
Recordation Reference: Plat Book 181, PG. 57
Right of Way width (feet) = 55 feet
• Pullman Lane, State Route Number 7595
From: Longlands Road (Route 7684)
To: 0.11 miles north to one-way loop,
miles.
Recordation Reference: Plat Book 181,
Right of Way width (feet) = 50 feet
a distance of: 0.11
PG. 57
• Longlands Place, State Route Number 7686
From: Longlands Road (Route 7684)
To: Cul-de-sac, a distance of: 0.06 miles.
Recordation Reference: Plat Book 181, PG. 57
Right of Way width (feet) = 50 feet
• Pullman Lane, State Route Number 7599
From: Pullman Lane loop (Route 7599)(One Way)
To: Loop to Route 7599 Pullman Lane, a distance of:
miles.
Recordation Reference: Plat Book 181, PG. 57
Right of Way width (feet) = Var.
0.09
• Longlands Road, State Route Number 7684
From: Otterdale Road (Route 667)
To: 0.02 miles west of Route 667, a distance of: 0.02
miles.
Recordation Reference: Plat Book 181, PG. 57
Right of Way width (feet) = 80 feet
• Longlands Road, State Route Number 7684
From: 0.02 miles west of Route 667 Otterdale Road
To: Route 7687 Longlands Court, a distance of: 0.05 miles.
Recordation Reference: Plat Book 181, PG. 57
Right of Way width (feet) = Var.
• Longlands Road, State Route Number 7684
From: 0.03 miles west of Route 7687 Longlands Court.
To: Route 7686 Longlands Place, a distance of: 0.38 miles.
Recordation Reference: Plat Book 181, PG. 57
Right of Way width (feet) = 55 feet
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• Longlands Road, State Route Number 7684
From: Longlands Place (Route 7686)
To: Route 7685 Putford Court, a distance of: 0.15 miles.
Recordation Reference: Plat Book 181, PG. 57
Right of Way width (feet) = 55 feet
• Putford Court, State Route Number 7685
From: Longlands Road (Route 7684)
To: Cul-de-sac, a distance of: 0.04 miles.
Recordation Reference: Plat Book 181, PG. 57
Right of Way width (feet) = 55 feet
• Longlands Road, State Route Number 7684
From: Putford Court (Route 7685)
To: Route 7599 Pullman Lane, a distance of: 0.08 miles.
Recordation Reference: Plat Book 181, PG. 57
Right of Way width (feet) = 55 feet
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 the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
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/Subdivision: Collington Section 9
Type Change to the Secondary System miles of State Highways:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: X33.1-229
Street Name and/or Route Number
• Brading Lane, State Route Number 5991
From: Hockliffe Lane (Route 7139)
To: Existing Route 5991 (0.03 miles of south Route 5998), a
distance of: 0.04 miles.
Recordation Reference: Plat Book 169, Pg. 32
Right of Way width (feet) = 44 feet.
• Needham Market Road, State Route Number 7682
From: Brading Lane (Route 5991)
To: Cul-de-sac, a distance of: 0.13 miles.
Recordation Reference: Plat Book 169, Pg. 32
Right of Way width (feet) = 40 feet.
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• Hockliffe Lane, State Route Number 7139
From: Hockliffe Circle (Loop) (Route 7683)
To: Route 7683 Hockliffe Circle (Loop), a distance of:
miles.
Recordation Reference: Plat Book 169, Pg. 32
Right of Way width (feet) = 40 feet.
• Hockliffe Lane, State Route Number 7139
From: Hockliffe Circle (Loop) (Route 7683)
To: Route 5991 Brading Lane, a distance of: 0.06 miles.
Recordation Reference: Plat Book 169, Pg. 32
Right of Way width (feet) = 40 feet.
0.02
• Hockliffe Circle, State Route Number 7683
From: Hockliffe Lane (Route 7139)
To: Loop to Route 7139 Hockliffe Lane, a distance of: 0.06
miles.
Recordation Reference: Plat Book 169, Pg. 32 -
Right of Way width (feet) = 152 feet.
• Lavenham Lane, State Route Number 7680
From: Lavenham Turn (Route 7681)
To: End of Section, a distance of: 0.02 miles.
Recordation Reference: Plat Book 169, Pg. 32
Right of Way width (feet) = 44 feet.
• Brading Lane, State Route Number 5991
From: Ext. Route 5991 - .02 miles north of Route 7141
To: Route 7680 Lavenham Lane, a distance of: 0.01 miles.
Recordation Reference: Plat Book 169, Pg. 32
Right of Way width (feet) = 44 feet.
• Brading Lane, State Route Number 5991
From: Lavenham Lane (Route 7680)
To: Route 7139 Hockliffe Lane, a distance of: 0.07 miles.
Recordation Reference: Plat Book 169, Pg. 32
Right of Way width (feet) = 44 feet.
• Hockliffe Lane, State Route Number 7139
From: Existing Route 7139 - 0.01 miles northwest of Shipborne
Road, Route 7141
To: Hockliffe Circle (Loop) (Route 7683), a distance of: 0.11
miles.
Recordation Reference: Plat Book 169, Pg. 32
Right of Way width (feet) = 40 feet.
• Lavenham Lane, State Route Number 7680
From: Brading Lane (Route 5991)
To: Lavenham Turn (Route 7681), a distance of: 0.06 miles.
Recordation Reference: Plat Book 169, Pg. 32
Right of Way width (feet) = 44 feet.
• Lavenham Turn, State Route Number 7681
From: Route 7680 Lavenham Lane
To: Cul-de-sac, a distance of: 0.02 miles.
Recordation Reference: Plat Book 169, Pg. 32
Right of Way width (feet) = 40 feet.
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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 the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
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/Subdivision: Timsbury Pointe
Type Change to the Secondary System miles of State Highways:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Street Name and/or Route Number
miles.
Recordation Reference: PB 202, PG 26
Right of Way width (feet) = 40 feet.
• Timsbury Pointe Drive, State Route Number 7662
From: Branders Bridge Road (Route 625)
To: Timsbury Pointe Court (Route 7663), a distance of: 0.10
• Timsbury Pointe Court, State Route Number 7663
From: Timsbury Pointe Drive (Route 7662)
To: Cul-de-sac, a distance of: 0.05 miles.
Recordation Reference: PB 202, PG 26
Right of Way width (feet) = 40 feet.
• Timsbury Pointe Drive, State Route Number 7662.
From: Timsbury Pointe Court (Route 7663)
To: Cul-de-sac, a distance of: 0.05 miles.
Recordation Reference: PB 202, PG 26
Right of Way width (feet) = 40 feet.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
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8.B.9. AUTHORIZATION TO AMEND THE COUNTY'S FISCAL SERVICES
AGREEMENT WITH THE GREATER RICHMOND CONVENTION CENTER
nTTTH[1RTTV
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the County Administrator to amend the County's
Fiscal Services Agreement with the Greater Richmond
Convention Center Authority. (A copy of the agreement is
filed with the papers of this Board.)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.10. APPROVAL OF THE CHESTERFIELD COUNTY TOWING CONTRACT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved the Chesterfield County Towing Contract, as
submitted by the Chesterfield County Police Department Towing
Advisory Board. (A copy of the towing contract is filed with
the papers of this Board.)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.11. SET DATES FOR PUBLIC HEARINGS
8.B.ll.a. TO CONSIDER AN AMENDMENT TO THE FY2013-FY2018
SECONDARY ROAD CONSTRUCTION SIX-YEAR PLAN AND
ADOPTION OF THE FY2014 SECONDARY ROAD CONSTRUCTION
BUDGET
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
set May 22, 2013, as the date for a public hearing to
consider an~ amendment to the FY2013-FY2018 Secondary Road
Construction Six-Year Plan and adoption of the FY2104
Secondary Road Construction budget.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.ll.b. TO CONSIDER AN ORDINANCE AMENDMENT RELATING TO
BANNER SIGNS
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
set May 22, 2013, as the date for a public hearing to
consider an ordinance amendment relating to banner signs.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.12. AWARD OF CONSTRUCTION CONTRACT TO HALEY BUILDERS FOR
PHASE II OF THE ANIMAL SHELTER RENOVATION PROJECT
Ms. Jaeckle stated she is pleased to see progress moving
forward with the renovations of the animal shelter.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the County Administrator to execute a construction
contract with Haley Builders in the amount of $450,000 and
transferred additional funds for renovation of the
Chesterfield County Animal Shelter Phase II.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
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The following item was removed from the Consent Agenda for
Board discussion:
8.B.3. CONSIDER AN APPLICATION FOR THE DEMOLITION OF A
JJS51(sNA'1'~JJ ri15'1'VKZC STRUCTURE, THE CLARKE RESIDENCE,
LOCATED ON CENTRALIA ROAD
Ms. Jaeckle suggested deferral of the item due to some
unsettled issues related to the application.
On motion of Mr. Decker, seconded by Mr. Holland, the Board
deferred consideration of an application for the demolition
of a designated historic structure, the Clarke Residence,
located at 4515 Centralia Road until May 22, 2013.
Ayes: Jaeckle, Elswick, Warren, Holland and Decker.
Nays: None.
9. REPORTS
9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
LEASE PURCHASES
On motion of Mr. Holland, seconded by Mr. Warren, the Board
accepted the following report: a Report of Status of General
Fund Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases.
Ayes: Jaeckle, Elswick, Warren, Holland and Decker.
Nays: None.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Bob Olsen expressed concerns relative the county's cash
proffer policy.
11. DINNER
On motion of Mr. Holland, seconded by Mr. Warren, the Board
recessed to Room 502 for dinner.
Ayes: Jaeckle, Elswick, Warren, Holland and Decker.
Nays: None.
Reconvening:
12. INVOCATION
Mr. Allan Carmody, Director of Budget and Management, gave
the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout William Daniel Polk led the Pledge of Allegiance.
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14. RESOLUTIONS
14.A. RECOGNIZING GIRL SCOUTS UPON ATTAINING THE GOLD AWARD
Mr. Kappel introduced Miss Kathryn Laura Bungarden, Miss
Hannah Michelle Hartsoe and Miss Alexandra Yvette Valorose,
who were present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, the Girl Scouts of the United States of America
is an organization serving over 2.7 million girls and was
founded to promote citizenship training and personal
development; and
WHEREAS, after earning three interest project patches,
earning the Girl Scout Gold Leadership Award, the Girl Scout
Gold Career Award, and the Girl Scout Gold 4Bs Challenge
Award, and designing and implementing a Girl Scout Gold Award
project, the Gold Award is the highest achievement award in
Girl Scouting and symbolizes outstanding accomplishments in
the areas of leadership, community service, career planning,
and personal development; and
WHEREAS, 'the Girl Scout Award can only be earned by
girls aged 14-18 or in grades 9-12 and is received by less
than six percent of those individuals entering the Girl
Scouting movement; and
WHEREAS, Miss Kathryn Laura Bungarden, Miss Hannah
Michelle Hartsoe and Miss Alexandra Yvette Valorose, all of
Troop 2815, sponsored by Chester United Methodist Church,
have accomplished these high standards and have been honored
with the Girl Scouts of America Gold Award by the Girl Scout
Commonwealth Council of Virginia, Incorporated; and
WHEREAS, growing through their experiences in Girl
Scouting, learning the lessons of responsible citizenship,
and priding themselves on the great accomplishments of their
country, Kathryn, Hannah and Alexandra are indeed 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 10th day of April 2013,
publicly recognizes Miss Kathryn Laura Bungarden, Miss Hannah
Michelle Hartsoe and Miss Alexandra Yvette Valorose, extends
congratulations on their attainment of the Gold Award, and
acknowledges the good fortune of the county to have such
outstanding young women as its citizens.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
Ms. Jaeckle presented the executed resolutions and patches to
Miss Burgarden, Miss Hartsoe and Miss Valorose, accompanied
by members of their families, congratulated them on their
outstanding achievements, and wished them well in future
endeavors.
Each of the girl scouts provided details of their
accomplishments and expressed appreciation to their parents
and others for their support.
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14.B. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK O~
EAGLE SCOUT
Mr. Kappel 3.ntroduced Mr. William Daniel Polk, Mr. Caleb
Baker Taylor, Mr. Brian Andrew Davis and Mr. Michael scoff
Klotz why were present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to their community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law, Mr. William Daniel Polk
and Mr. Caleb Baker Taylor, Troop 1867, sponsored by The
Church of Jesus Christ of Latter Day Saints, Mr. Brian Andrew
Davis and Mr. Michael Scott Klotz, both of Troop 876,
sponsored by Mount Pisgah United Methodist Church, have
accomplished those high standards of commitment and have
reached the long-sought goal of Eagle Scout, which is
received by only four percent of those individuals entering
the Scouting movement; and
WHEREAS, growing through their experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare themselves for a role as leaders in
society, Daniel, Caleb, Brian and Michael have distinguished
themselves as members of a new generation of prepared young
citizens of whom we can all be very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 10th day of April 2013,
publicly recognizes Mr. William Daniel Polk, Mr. Caleb Baker
Taylor, Mr. Brian Andrew Davis and Mr. Michael Scott Klotz,
extends congratulations on their attainment of Eagle Scout,
and acknowledges the good fortune of the county to have such
outstanding young men as its citizens.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
Mr. Gecker presented the executed resolutions and patches to
each of the Eagle Scouts, accompanied by members of their
families, congratulated them on their outstanding
achievements, and wished them well in future endeavors.
Each of the scouts provided details of their Eagle Scout
project and expressed appreciation to their parents and
others for their support.
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Ms. Jaeckle recognized Miss Kate Dodd and her father Kent
Dodd, who were present to observe the Board meeting. She
stressed the importance of getting young people involved in
local government.
15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Steve O'Neill expressed concerns relative to various
county related issues.
16. PUBLIC HEARINGS
16.A. TO CONSIDER COMPREHENSIVE PLAN IMPLEMENTATION - BRIDGE
THE GAP ORDINANCE AMENDMENTS - PART 1
Mr. David Pritchard stated this date and time has been
advertised for a public hearing for the Board to consider
Comprehensive Plan Implementation - Bridge the Gap Amendments
- Part 1.
Ms. Jaeckle commended Mr. Pritchard on the informative
presentation.
In response to Mr. Elswick's question, Mr. Pritchard stated
amendments are temporary until subprojects are completed.
Ms. Jaeckle called for public comment.
Mr. Freddy Boisseau urged the Board to defer the item. He
expressed concerns relative to deletion of language in the
ordinance.
There being no one else to speak to the issue, the public
hearing was closed.
In response to Ms. Jaeckle's question, Mr. Turner stated the
ordinance does not change any of the standards that existed
prior to the adoption of the plan; it is merely to capture
those special areas that were removed when the Comprehensive
Plan was adopted in order to maintain the regulations that
existed.
Mr. Pritchard stated the language Mr. Boisseau referred to
was not removed but defined differently.
Mr. Holland made a motion, seconded by Mr. Warren, for the
Board to approve the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 17-64,
17-70, 17-72 AND 17-84 OF THE SUBDIVISION ORDINANCE AND
SECTIONS 18-63 AND 18-64
OF THE UTILITIES ORDINANCE
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 17-64, 17-70, 17-72, 17-84, 18-63, and 18-
64 of the Code of the County of Chesterfield, 1997, as
amended, are amended and re-enacted to read as follows:
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CHAPTER 17
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Sec. 17-64. Preservation of natural features and historic
resources.
Trees, streams and natural riparian corridors which
would add value to developments or to the county as a
whole, shall be protected whenever practicable in the
design of the subdivision. Historic sites, features and
similar amenities and assets, shall be identified on all
plats and be protected. No filling within the natural
features shall be permitted to circumvent any applicable
part of the Code.
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Sec. 17-70. Buffers and special setbacks.
(a) Buffers and special setbacks outside the Upper
Swift Creek Special Buffer Area geography, or
within the Upper Swift Creek Special Buffer Area
as shown on the zoning maps, for lots which have a
tentative plat approved on, or prior to, October
10, 2007.
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(b) Buffers and special setbacks within the Upper Swift
Creek Special Buffer Area as shown on the zoning
maps, for lots which have a tentative plat approved
after October 10, 2007.
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Sec. 17-72. Improvements-Required.
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(k) Connection to the county water supply system shall
be required in any of the following circumstances except
as may be waived by the planning commission per County
Code section 18-63:
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(4) When a lot is located within the Southern and
Western Mandatory Water Connection Area to
include Subarea A as shown on the zoning maps
or Matoaca Village Plan unless residential
zoning was obtained for such subdivision prior
to June 23, 1993; or
(5) When a lot is located within the Ettrick
Mandatory Water Connection Area as shown on
the zoning maps unless residential zoning was
obtained for such subdivision prior to
November 12, 2003; or
(6) When a lot is located within the area of the
Northern Route 288 Corridor Mandatory Water
Connection Area to include Subarea A as shown
on the zoning maps unless residential zoning
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was obtained for such subdivision prior to May
25, 1999.
(7) When a lot is located within the Upper Swift
Creek Mandatory Water Connection Area as shown
on the zoning maps, unless residential zoning
was obtained for such subdivision prior to
October 10, 2007.
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(m) Except where mandatory connection to the water
system is required as per subsection k., individual
wells may be used to provide water for domestic
consumption subject to the following conditions:
All lots in the subdivision shall have an area
of more than 40,000 square feet and be
located more than two miles from an existing
water line and
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(n) Connection to the county wastewater supply system
shall be required in any of the following circumstances
except as may be waived by the planning commission per
County Code section 18-64:
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(4) When a lot is located within the Southern and
Western Mandatory Wastewater Connection Area
as shown on the zoning maps unless residential
zoning was obtained prior to June 23, 1993; or
(5) When a lot is located within the Ettrick
Mandatory Wastewater Connection Area as shown
on the zoning maps unless residential zoning
was obtained prior to November 12, 2003; or
(6) When a lot is located within the Northern
Route 288 Corridor Mandatory wastewater
Connection Area as shown on the zoning maps
unless residential zoning was obtained prior
to May 25, 1999.
(7) When a lot is located within the Upper Swift
Creek Mandatory Wastewater Connection Area as
shown on the zoning maps, unless residential
zoning was obtained for such subdivision prior
to October 10, 2007.
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Sec. 17-84. Standards for lots and parcels served by
onsite sewage disposal systems.
(a) With the exception of b, c, and d of this section,
lot subdivisions using onsite sewage disposal
systems and which have not been recorded shall
comply with the following:
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(b) All lot subdivisions for which residential
zoning was obtained prior to February 23, 1989
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utilizing onsite sewage disposal systems shall comply
with the bulk requirements in place at the time of
zoning and the requirements of subsection a. 5, 6,
and 7 of this section.
(c) No lot subdivision within Subarea A of the
Southern and western Mandatory Water
Connection Area as shown on the zoning maps for
which residential zoning is obtained after June 23,
1993 may utilize onsite wastewater disposal systems
unless all lots in such subdivision are at least
one acre in size.
(d) No lot subdivision within Subarea A_ of the
Northern Route 288 Mandatory Water Connection Area
for which residential zoning is obtained after May
25, 1999 may utilize onsite wastewater disposal
systems unless all lots in such subdivision are at
least one acre in size.
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CHAPTER 18
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Sec. 18-63. Mandatory connection to the water system in
certain areas.
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(b) All structures located on property in the Southern
and Western Mandatory Water Connection Area to include
Subarea A as shown on the zoning maps which received
zoning approval on, or after, June 23, 1993 shall
connect to the water system. However, the following
structures shall not be required to connect unless
connection to the water system is otherwise required by
law:
(1) Temporary manufactured or mobile homes;
(2) Structures that were authorized by conditional
uses or special exceptions which were renewed
on, or after, June 23, 1993;
(3) Structures that are authorized by conditional
uses or special exceptions that were granted
on, or after, June 23, 1993 if the use that is
permitted by the conditional use or special
exception is incidental to a principal use
that was previously allowed with a private
well;
(4) Governmental structures and institutional
buildings; and
(5) Residences that are located on lots that are
exempt from the requirements of the
subdivision ordinance.
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(c) All structures located on property in the Ettrick
Mandatory Water Connection Area as shown on the
zoning maps which received zoning approval on, or
after, November 12, 2003 shall connect to the water
system. However, the following structures shall
not be required to connect unless connection to the
water system is otherwise required by law:
(1) Temporary manufactured or mobile homes;
(2) Structures that were authorized by conditional
uses or special exceptions which were renewed
on, or after, November 12, 2003;
(3) Structures that are authorized by conditional
uses or special exceptions that were granted
on, or after, November 12, 2003 if the use
that is permitted by the conditional use or
special exception is incidental to a principal
use that was previously allowed with a private
well;
(4) Governmental structures and institutional
buildings; and
(5) Residences that are located on lots that are
exempt from the requirements of the
subdivision ordinance.
(d) All structures located on property in the Northern
Route 288 Corridor Mandatory Water Connection Area
to include Subarea A as shown on the zoning maps
which received zoning approval on, or after, May
25, 1999 shall connect to the water system.
However, the following structures shall not be
required to connect unless connection to the water
system is otherwise required by law:
(1) Temporary manufactured or mobile homes;
(2) Structures that were authorized by conditional
uses or special exceptions which were renewed
on, or after, May 25, 1999;
(3) Structures that are authorized by conditional
uses or special exceptions that were granted
on, or after, May 25, 1999 if the use that is
permitted by the conditional use or special
exception is incidental to a principal use
that was previously allowed with a private
well;
(4) Governmental structures and institutional
buildings; and
(5) Residences that are located on lots that are
exempt from the requirements of the
subdivision ordinance.
(e) All structures located on property in the Upper
Swift Creek Mandatory Water Connection Area as
shown on the zoning maps which received zoning
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approval on, or after, October 10, 2007, shall
connect to the water system. However, the following
structures shall not be required to connect unless
connection to the water system is otherwise
required by law:
(1) Temporary manufactured or mobile homes;
(2) Structures that were authorized by conditional
uses or special exceptions which were renewed
on, or after, October 10, 2007;
(3) Structures that are authorized by conditional
uses or special exceptions that were granted
on, or after, October 10, 2007, if the use
that is permitted by the conditional use or
special exception is incidental to a principal
use that was previously allowed with a private
well;
(4) Governmental structures and institutional
buildings; and
(5) Residences that are located on lots that are
exempt from the requirements of the
subdivision ordinance.
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Sec. 18-64. Mandatory connection to the wastewater system in
certain areas.
(a) All structures located on property in the Southern
and Western Mandatory Wastewater Connection Area as
shown on the zoning maps which received zoning
approval on, or after, June 23, 1993 shall connect
to the wastewater system. However, the following
structures shall not be required to connect unless
connection to the wastewater system is otherwise
required by law:
(1) Temporary manufactured or mobile homes;
(2) Structures that were authorized by conditional
uses or special exceptions which were renewed
on, or after, June 23, 1993;
(3) Structures that are authorized by conditional
uses or special exceptions that were granted
on, or after, June 23, 1993 if the use that is
permitted by the conditional use or special
exception is incidental to a principal use
that was previously allowed with a septic
system;
(4) Governmental structures and institutional
buildings; and
(5) Residences that are located on lots that are
exempt from the requirements of the
subdivision ordinance.
(b) All structures located on property included in the
Ettrick Mandatory Wastewater Connection Area as
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shown on the zoning maps which received zoning
approval on, or after, November 12, 2003 shall
connect to the wastewater system. However, the
following structures shall not be required to
connect unless connection to the wastewater system
is otherwise required by law:
(1) Temporary manufactured or mobile homes;
(2) Structures that were authorized by conditional
uses or special exceptions which were renewed
on, or after, November 12, 2003;
(3) Structures that are authorized by conditional
uses or special exceptions that were granted
on, or after, November 12, 2003 if the use
that is permitted by the conditional use or
special exception is incidental to a principal
use that was previously allowed with a septic
system;
(4) Governmental structures and institutional
buildings; and
(5) Residences that are located on lots that are
exempt from the requirements of the
subdivision ordinance.
(c) All structures located on property included in the
Northern Route 288 Corridor Mandatory Wastewater
Connection Area as shown on the zoning maps which
received zoning approval on, or after, May 25, 1999
shall connect to the wastewater system. However,
the following structures shall not be required to
connect unless connection to the wastewater system
is otherwise required by law:
(1) Temporary manufactured or mobile homes;
(2) Structures that were authorized by conditional
uses or special exceptions which were renewed
on, or after, May 25, 1999;
(3) Structures that are authorized by conditional
uses or special exceptions that were granted
on, or after, May 25, 1999 if the use that is
permitted by the conditional use or special
exception is incidental to a principal use
that was previously allowed with a septic
system;
(4) Governmental structures and institutional
buildings; and
(5) Residences that are located on lots that are
exempt from the requirements of the
subdivision ordinance.
(d) All structures located on property included in the
Upper Swift Creek Mandatory Wastewater Connection
Area as shown on the zoning maps which received
zoning approval on, or after, October 10, 2007,
shall connect to the wastewater system. However,
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the following structures shall not be required to
connect unless connection to the wastewater system
is otherwise required by law:
(1) Temporary manufactured or mobile homes;
(2) Structures that were authorized by conditional
uses or special exceptions which were renewed
on, or after, October 10, 2007;
(3) Structures that are authorized by conditional
uses or special exceptions that were granted
on, or after, October 10, 2007 if the use
that is permitted by the conditional use or
special exception is incidental to a principal
use that was previously allowed with a septic
system;
(4) Governmental structures and institutional
buildings; and
(5) Residences that are located on lots that are
exempt from the requirements of the
subdivision ordinance.
(2) That this ordinance shall become effective immediately
upon adoption.
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 19-99,
19-131, 19-145, 19-152, 19-159, 19-238, 19-507.2, 19-523, 19-
580, 19-582, 19-583, 19-584, 19-586, 19-586.1, 19-589.2, 19-
600, 19-606, 19-608, 19-609, 19-610, 19-611 AND 19-612, AND
REPEALING SECTION 19-508, OF THE ZONING ORDINANCE
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 19-99, 19-131, 19-145, 19-152, 19-159, 19-
238, 19-507.2, 19-523, 19-580, 19-582, 19-583, 19-584, 19-
586, 19-586.1, 19-589.2, 19-600, 19-606, 19-608, 19-609, 19-
610, 19-611, and 19-612 of the Code of the County of
Chesterfield, 1997, as amended, are amended and re-enacted,
and section 19-508 is repealed, to read as follows:
CHAPTER 19
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Sec. 19-99. Required conditions.
The conditions specified in this section shall be met in
the R-7 District:
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(c) Front yard. Minimum of 30 feet in depth. On lots
located along cul-de-sacs, if the radius of the
cul-de-sac is 40 feet or less, the building setback
around the cul-de-sac shall be at least 30 feet.
When the radius of the cul-de-sac is more than 40
feet, the building setback shall not be less than
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25 feet. Minimum setbacks shall be increased where
necessary to obtain the required lot width at the
front building line. Through the subdivision
process, an additional setback of up to 25 feet may
be added to the minimum setback, if the lot is
located along an arterial or collector street.
This additional setback requirement will be noted
on the record plat.
Notwithstanding the above, front yard setbacks for
lots located in the Ettrick Village Core (EVC) or
Ettrick Village Commercial Area (EVCA), between
contiguous developed lots, may be reduced to the
front yard setback of any principal building
occupying any adjacent lot. Front yard setbacks
for lots located in the Ettrick Village Core (EVC)
or Ettrick Village Commercial Area (EVCA), not
located between contiguous developed lots, may be
reduced to the front yard setback of any principal
building occupying any lot on the same side of the
street within 200 feet of the subject lot.
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Sec. 19-131. Uses permitted with certain restrictions.
The following uses shall be permitted in the 0-1
District subject to compliance with the following
conditions and other applicable standards of this
chapter. If the following restrictions cannot be met,
these uses may be allowed by conditional use, subject to
section 19-13:
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(i) Single-family dwellings, provided that:
(1) The dwellings are located in the Ettrick
Village Core (EVC), Ettrick Village Commercial
Area (EVCA) or Matoaca Village Core (HANG).
(2) The dwellings are located on lots of not less
than 7,000 square feet in area and not less
than 50 feet in width.
These dwellings shall be exempt from Division 3,
Development Requirements - Office, Commercial and
Industrial, except for setback requirements, and except
for architectural treatment (section 19-611).
(j) A dwelling unit incorporated into a building
with a permitted nonresidential use, provided that
the dwelling unit is located in the Ettrick
Village Commercial Area (EVCA).
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Sec. 19-145. Uses permitted with certain
restrictions.
The following uses shall be permitted in the C-1
District subject to compliance with the following
conditions and other applicable standards of this
chapter. If the following restrictions cannot be met,
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these uses may be allowed by conditional use, subject to
the provisions of section 19-13:
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(c) Gasoline sales in conjunction with a permitted
use provided that:
(1) Such use is not located along streets
which terminate in a residential neighborhood
when the property is zoned C-1, and
(2) Such use is not located in any of the
areas identified as part of Chester Village
in Sec. 19-606.
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(f) Commercial parking lots provided they are
within the Ettrick Village Core (EVC) or Ettrick
Village Commercial Area (EVCA).
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Sec. 19-152. Uses permitted with certain restrictions.
The following uses shall be permitted in the C-2
District subject to compliance with the following
conditions and other applicable standards of this
chapter. If the following restrictions cannot be met,
these uses may be allowed by conditional use, subject to
the provisions of section 19-13:
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(b) Automobile self-service stations, provided
that such use is not located in any of the areas
identified as part of Chester Village in Sec. 19-
606
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Sec. 19-159. Uses permitted with certain restrictions.
The following uses shall be permitted in the C-3
District subject to compliance with the following
conditions and other applicable standards of this
chapter. If the following restrictions cannot be met,
these uses may be allowed by conditional use, subject to
the provisions of section 19-13:
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(b) Automobile service stations, provided that
such use is not located in any of the areas
identified as part of Chester Village in Sec. 19-
606.
(c) Motor vehicle repair, excluding body, major
engine and transmission repair, provided that:
(1) Such use is not located in the any of the
areas identified as part of Chester Village in Sec.
19-606.
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(2) Except as noted in subsection (3), the
following conditions shall be met:
a. All such uses shall be set back a minimum
of 100 feet from adjacent R, RTH, R-MF
and 0 Districts or A Districts that are
shown on the comprehensive plan for R, R-
TH, R-MF or O use. This setback shall be
landscaped according to section 19-
522(a)(4) of the Development Standards
Manual.
b. Storage yards for vehicles awaiting body
repair, painting, auction or wholesale
sales shall be screened from view of any
adjacent properties on which such yards
are not permitted or do not exist, and
from external public roads or areas
currently zoned agricultural and shown on
the comprehensive plan for residential or
office use;
c. Except for minimal repairs necessary to
allow a vehicle to be moved into the
service area, all allowed repair
activities and storage of new or replaced
repair materials shall occur inside the
buildings unless screened as required by
Section 19-159(h).
d. Such use is not located within a shopping
center.
(3) The requirements of subsection (2) shall
not apply to any motor vehicle repair facility
in operation prior to May 26, 2004.
(d) Restaurants, fast food provided that such use
is not located in any of the areas identified as
part of Chester Village in Sec. 19-606. .
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(f) Motor vehicle sales and rental, excluding
commercial vehicles such as buses, tractor-trailer
trucks, dump trucks, stake bed trucks, vans where
the cargo area cannot be accessed from the driver's
seat without exiting the vehicle and/or cab and
chassis vehicles; construction equipment and motor
vehicle consignment lots, and as accessory to sales
and rental, service and repair, to exclude body
repair, provided that:
(1) Motor vehicle service and repair is not
located in any of the areas identified as part
of Chester Village in Sec. 19-606.
(2) All such uses shall be set back a minimum
of 100 feet from adjacent R, R-TH, R-MF and O
Districts or A Districts that are shown on the
comprehensive plan for R, R-TH, R-MF or O use.
This setback shall be landscaped according to
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section 19-522(a)(4) of the Development
Standards Manual.
(3) Storage yards for vehicles awaiting body
repair, painting, auction or wholesale sales
shall be screened from view of any adjacent
properties on which such yards are not
permitted or do not exist, and from external
public roads or areas currently zoned
agricultural and shown on the comprehensive
plan for residential or office use.
(4) All garage-type doors shall be oriented
away from, or screened from view of, adjacent
residential or office zoned properties,
external roads or areas currently zoned
agricultural and shown on the comprehensive
plan for residential or office use.
(5) There shall be no elevated display of
motor vehicles.
(6) Except for minimal repairs necessary to
allow a vehicle to be moved into the service
area, all allowed repair activities and
storage of new or replaced repair materials
shall occur inside the buildings unless
screened as required by Section 19-159(h).
(7) Motor vehicle sales is not located in
Village Districts as identified in Section 19-
606.
(8) Such use is not located within a shopping
center unless the use was in existence prior
to May 26, 2004.
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Sec. 19-238. Development regulations.
Any use, development or redevelopment of land in the
Upper Swift Creek Watershed shall meet the following
performance criteria:
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(d) (1) Stormwater runoff shall be controlled to
achieve the following:
a. For any new use or development, the
post-development, nonpoint-source
pollution runoff loads of phosphorous and
lead shall not exceed the following:
(i) Phosphorus:
1. The post-developmenttotal
phosphorus load for residential
uses subject to subdivision
approval shall not exceed 0.22
pounds per acre per year.
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2. The post-developmenttotal
phosphorus load for all other
uses shall not exceed 0.45
pounds per acre per year.
(ii) Lead:
1. The post-development total
lead load for nonresidential
uses and residential uses
subject to site plan approval
shall not exceed 0.19 pounds
per acre per year.
2. The post-development total
lead load for all other uses
shall not exceed 0.03 pounds
per acre per year.
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Section 19-507.2. Height exemptions and limitations - all
districts.
In areas designated 'on the zoning maps as Area of
Special Height Limitations for Communication Towers, the
height of communications towers may be increased to a
height of 300 feet and in all other areas may be
increased to a height of 199 feet. These increases in
height are subject to yard requirements of the specific
districts in which the communications towers are
located.
Sec. 19-508.
RPGPY'~TPC~ _
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Secs. 19-523
Buffer width matrix.
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(b) Buffers adjacent to streets. The required width of
buffers shall be determined from the following matrix.
Arterial
Streets
Upper Swift
Creek Special
Buffer Area,
as shown on 100
the zoning
maps
(1) R-
7/88/R- 50
TH
Other areas
R-7/88/R-TH
Collector
Streets
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R-7/88/R-TH 35
(2) Residential
Collector
Streets
(3) R-
7/88/ 30
R-TH
(4 ) Local
streets to
negate
double
frontage
condition
(5) R-
7/88/R- 20
TH
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Sec. 19-580. Specified areas.
(a) The Highway Corridor District shall include those
lands identified on the zoning district map or otherwise
described below that include:
(1) The (Northern) Jefferson Davis Highway
corridor;
(2) The Route 360 corridor east;
(3) The Route 360 corridor west, which shall
consist of Hull Street Road, extending from
Courthouse Road to the Amelia County line,
including all land to a depth of 1500 feet from the
centerline of Hull Street Road, unless the parcel
or project extends further than 1500 feet, in which
case these requirements shall apply to the entire
parcel or project;
(4) The Route 10 corridor east;
(5) The Courthouse Area Design District;
(b) The Employment Center District;
(c) The Enon Core District; and
(d) Eastern Midlothian Turnpike Corridor
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Sec. 19-582. Exceptional development standards in the
(Northern) Jefferson Davis Highway Corridor.
(a) Parking: Parking requirements in the (Northern)
Jefferson Davis Highway Corridor shall be calculated
based on section 19-513 or based on four and four-tenths
spaces per 1,000 square feet of gross floor area, the
lesser of the two. Improved, designated parking spaces
in a public right-of-way may be counted toward the
required number of parking spaces when more than one-
half of each such space adjoins the site. Further, the
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required number of parking spaces may be reduced by ten
percent if the development contains a pedestrian way
system that connects to existing walkways or that may be
connected to future walkways.
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Sec. 19-583. Setback requirements for O, C and I-1 Districts
within the (Northern) Jefferson Davis Highway Corridor.
(a) The minimum setback for all buildings, drives and
parking areas in O, C and I-1 districts shall be as
follows:
(1) Setbacks along public roads, excluding limited
access roads:
a. Buildings: The minimum setback shall be 25
feet. Perimeter landscaping H shall be
installed in all front and corner side
setbacks except when parking or driveways are
located less than 10 feet from the ultimate
right-of-way line.
b. Drives and parking: For parking areas for
automobiles, light trucks, vans, pickup trucks
and motorcycles and for boats, trailers and
RV's less than 25 feet in length, a minimum 10
feet setback shall be maintained and planted
with Perimeter Landscape H. Alternatively, a
setback of 5 feet may be used with small
maturing trees planted generally at 35 feet on
center. This setback may be eliminated
entirely if the site is designed to provide
for tree islands spaced every 4 parking spaces
adjacent to the public right of way with a
minimum width of 7 feet and planted with small
maturing trees. The minimum setback for
parking and storage of other vehicles shall be
50 feet with driveways accessing these parking
and storage areas having a minimum setback of
10 feet with Perimeter Landscape H.
(2) Setbacks along limited access roads: All
buildings, drives and parking areas shall have a
minimum 40 foot setback from the proposed rights-
of-way of limited access roads as indicated on the
comprehensive plan. Within this setback,
landscaping shall be provided in accordance with
perimeter landscaping C.
(3) Side setbacks:
a. When abutting an O, C or I District,
there shall be no minimum setback for
buildings, drives and parking areas.
b. Buildings: Adjacent to all other
districts designated by the (Northern)
Jefferson Davis Corridor Plan for
nonresidential uses, the minimum setback shall
be 20 feet. This setback shall be eliminated
by the director of planning, provided there
are no openings in the wall of the office,
business or industrial building facing the
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property line, except those required by the
fire marshal.
c. Drives and parking: Adjacent to all other
districts designated by the (Northern)
Jefferson Davis Corridor Plan for
nonresidential uses, there shall be no minimum
setback for drives and parking areas for
automobiles, light trucks, vans, pickup trucks
and motorcycles and for boats, trailers and
RV's less than 25 feet in length, unless the
adjacent property is occupied by a dwelling.
If the adjacent property is occupied by a
dwelling, the minimum setback shall be
increased to ten feet unless a solid screen or
fence at least four feet high is installed.
The minimum setback for parking and storage of
other vehicles shall be 30 feet.
d. Adjacent to all other districts
designated by the (Northern) Jefferson Davis
Corridor Plan for residential uses, the
minimum setback for buildings shall be 20
feet. The minimum setback for drives and
parking areas for automobiles, light trucks,
vans, pickup trucks and motorcycles and for
boats, trailers and RV's less than 25 feet in
length shall be ten feet. The minimum setback
for parking and storage of other vehicles
shall be 30 feet.
(4) Rear setbacks:
a. when abutting an O, C or I District,
there shall be no minimum setback for
buildings, drives and parking areas.
b. Buildings: Adjacent to all other
districts designated by the (Northern)
Jefferson Davis Corridor Plan for
nonresidential uses, the minimum setback shall
be 30 feet. This setback shall be eliminated
by the director of planning, provided there
are no openings in the wall of the office,
business or industrial building facing the
property line, except those required by the
fire marshal.
c. Drives and parking: Adjacent to all other
districts designated by the (Northern)
Jefferson Davis Corridor Plan for
nonresidential uses, there shall be no minimum
setback for drives and parking areas for
automobiles, light trucks, vans, pickup trucks
and motorcycles and for boats, trailers and
RV's less than 25 feet in length unless the
adjacent property is occupied by a dwelling.
If the adjacent property is occupied by a
dwelling, the minimum setback shall be
increased to 25 feet unless a solid screen or
fence at least four feet high is installed.
The minimum setback for parking and storage of
other vehicles shall be 40 feet.
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d. Adjacent to all other districts
designated by the (Northern) Jefferson Davis
Corridor Plan for residential uses, the
minimum setback for buildings shall be 30
feet. The minimum setback for drives and
parking areas for automobiles, light trucks,
vans, pickup trucks and motorcycles and for
boats, trailers and RV's less than 25 feet in
length shall be 25 feet. The minimum setback
for parking and storage of other vehicles
shall be 40 feet.
(5) Setbacks for gasoline pumps, ATM's and other
fully automatic self-operated equipment: The
setbacks for those uses and drives serving those
uses shall be the same as those for drives and
parking areas for automobiles, light trucks, vans,
pickup trucks and motorcycles and for boats,
trailers and RV's less than 25 feet in length.
Sec. 19-584. Setback requirements for I-2 and I-3 Districts
within the (Northern) Jefferson Davis Highway Corridor.
(a) (Northern) Jefferson Davis Highway Corridor: The
minimum setbacks for all buildings, drives and parking
areas in I-2 and I-3 districts shall be as follows:
(1) Setbacks along public roads, excluding limited
access roads:
a. Buildings: The minimum setback shall be
60 feet.
b. Drives and parking: For parking areas for
automobiles, light trucks, vans, pickup trucks
and motorcycles and for boats, trailers and
RV's less than 25 feet in length, a 10 feet
setback shall be maintained and planted with
Perimeter Landscape H. Alternatively, a
setback of 5 feet may be used with small
maturing trees planted generally at 35 feet on
center. This setback may be eliminated
entirely if the site is designed to provide
for tree islands spaced every 4 parking spaces
adjacent to the public right of way with a
minimum width of 7 feet and planted with small
maturing trees. The minimum setback for
parking and storage of other vehicles shall. be
50 feet with driveways accessing these parking
and storage areas having a minimum setback of
10 feet with Perimeter Landscape H.
(2) Setbacks along limited access roads: All
buildings, drives and parking areas shall have a
minimum 40 foot setback from the proposed rights of
way of limited access roads as indicated on the
comprehensive plan. Within this setback,
landscaping shall be provided in accordance with
perimeter landscaping C.
(3) Side setbacks:
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a. Buildings: The minimum setback shall be
30 feet.
b. Drives and parking abutting O, C, or I
Districts: When abutting an O, C, or I
District, there shall be no minimum setback.
c. Drives and parking, nonresidential uses:
Adjacent to all other districts designated by
the Jefferson Davis Corridor Plan for
nonresidential uses, there shall be no minimum
setback for drives and parking areas for
automobiles, light trucks, vans, pickup trucks
and motorcycles and for boats, trailers and
RV's less than 25 feet in length unless the
adjacent property is occupied by a dwelling.
If the adjacent property is occupied by a
dwelling, the minimum setback shall be
increased to ten feet unless a solid screen or
fence at least four feet high is installed.
The minimum setback for parking and storage of
other vehicles shall be 30 feet.
d. Drives and parking, residential uses:
Adjacent to all other districts designated by
the (Northern) Jefferson Davis Corridor Plan
for residential uses, the minimum setback for
drives and parking areas for automobiles,
light trucks, vans, pickup trucks and
motorcycles and for boats, trailers and RV's
less than 25 feet in length shall be ten feet.
The minimum setback for parking and storage of
other vehicles shall be 30 feet.
(4) Rear setbacks:
a. Buildings: The minimum setback shall be
30 feet.
b. Drives and parking, abutting O, C, or I
District: when abutting an O, C or I District,
there shall be no minimum setback.
c. Drives and parking, nonresidential uses:
Adjacent to all other districts designated by
the (Northern) Jefferson Davis Corridor Plan
for nonresidential uses, there shall be no
minimum setback for drives and parking areas
for automobiles, light trucks, vans, pickup
trucks and motorcycles and for boats, trailers
and RV's less than 25 feet in length unless
the adjacent property is occupied by a
dwelling. If the adjacent property is
occupied by a dwelling, the minimum setback
shall be increased to 25 feet unless a solid
screen or fence at least four feet high is
installed. The minimum setback for parking
and storage of other vehicles shall be 40
feet.
d. Drives and parking, residential uses:
Adjacent to all other districts designated by
the (Northern) Jefferson Davis Corridor Plan
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for residential uses, the minimum setback for
drives and parking areas for automobiles,
light trucks, vans, pickup trucks and
motorcycles and for boats, trailers and RV's
less than 25 feet in length shall be 25 feet.
The minimum setback for parking and storage of
other vehicles shall be 40 feet.
(5) Setbacks for gasoline pumps, ATM's and other
fully automatic self-operated equipment: The
setbacks for such uses and drives serving such uses
shall be the same as those for drives and parking
areas for automobiles, light trucks, vans, pickup
trucks and motorcycles and for boats, trailers and
RV's less than 25 feet in length.
0 0 0
Sec. 19-586. Route 360 corridor west: regional mixed use and
community business areas.
(a) Within the Route 360 corridor west Regional Mixed
Use and Community Business designated areas of the
Comprehensive Plan and along Route 360 between
Courthouse Road and Route 288, the architectural theme
of a project shall establish a clearly identifiable
architectural style, show how the building elements will
break up the mass of large buildings, and provide for a
pedestrian scale environment between the parking and the
buildings.
The architectural style shall use building elements that
interrupt the linear pattern and provide large scale
focal elements and pedestrian scale elements for the
entire development. Building and pedestrian elements
are as follows:
(1) Background wall: Background wall designs shall
incorporate similar architectural expression of
walls including grid pattern, canopy, abstract
ornamentation and cornice to maintain the
continuity between tenants. Variation in building
wall setbacks shall be employed to interrupt the
massiveness of the building.
(2) Entry and tower features: Entry features shall
be included as key design components to serve as
identification for each tenant and offer relief to
the background wall, or alternatively, continuous
pedestrian canopies with a maximum length of 250
feet may be used between significant entry or tower
features in lieu of entry features for each tenant.
Tower features shall be incorporated into the
entire project to establish large scale focal
points and/or interrupt the overall linear design
of the buildings on the site.
(3) Colors: Overall designs shall include
variations in neutral color schemes for the
building background, with complimentary colors to
enhance the entry feature design. Accent colors
shall be permitted to represent individual
corporate identification.
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(4) Parapets and roofs: Variation in parapet
and/or roof heights shall be used to interrupt
building massiveness.
(5) Pedestrian elements: Between the buildings and
the parking areas, the architectural theme shall
include at least four of the following pedestrian
elements: decorative post lights, alternative
paving treatments at entrances and/or pedestrian
crossings, benches, plazas, landscaped areas, water
features, display windows, or other pedestrian
elements as approved by the director of planning.
(b) Commercial buildings adjacent to roads other than
arterial or collector roads as identified on the
county's thoroughfare plan that serve as an entrance to
a residential neighborhood shall incorporate building
elements that are compatible with residential
development using design features identified for
buildings in the mixed use corridor designated areas of
the Comprehensive Plan.
Sec. 19-586.1. Route 360 corridor west: neighborhood
business areas.
Within the Route 360 corridor west in the neighborhood
business designated areas of the Comprehensive Plan,
all buildings shall be compatible with residential
architecture. Residential design features shall include,
but not be limited to, articulation of doors and
windows, architectural ornamentation, and use of
residential materials such as, but not limited to, brick
and/or siding for walls and asphalt shingle or simulated
slate for roofs. There shall be no visible flat or shed
roofs permitted. Within a project, compatibility shall
be achieved through the consistent use of a residential
architectural style, and using, materials, fenestration,
scale and other architectural features appropriate to
that style.
0 0 0
Sec. 19-589.2. Enon Core District
O and C Districts.
parking areas shall be as follows:
The minimum setbacks for all
0 0 0
(d) Side setbacks:
Setback requirements for
buildings, drives, and
(1) Except as noted below, the minimum side
setback for buildings shall be seven and one-
half feet with the installation of perimeter
landscaping E. When abutting an O, C or I
District, the minimum setback shall be zero
feet. When abutting other property designated
by the Comprehensive Plan for non-single-
family residential land uses, the minimum
setback shall be seven and one-half feet
unless waived by the director of planning at
the request of the adjacent property owner, in
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which case the minimum setback shall be
reduced to zero feet provided there are no
openings in the wall built along the property
line.
(2) Except as noted below, the minimum side
setback for drives and parking areas, shall be
seven and one-half feet with the installation
of perimeter landscaping F. when abutting an
O, C or I District, the minimum setback shall
be zero feet. When abutting other property
designated by the Comprehensive Plan for non-
single-family residential land uses, the
minimum setback shall be zero feet; however,
if the adjacent property is occupied by a
residence, a solid screen or fence at least
four feet high shall be installed unless
waived by the director of planning at the
request of the adjacent property owner.
(e) Rear setbacks:
(1) Except as noted below, the minimum rear
setback for buildings shall be 25 feet with
the installation of perimeter landscaping B.
When abutting an O, C or I District, the
minimum setback shall be zero feet. When
abutting other property designated by the
Comprehensive Plan for non-single-family
residential land uses, the minimum setback
shall be 25 feet unless waived by the director
of planning at the request of the adjacent
property owner, in which case the minimum
setback shall be reduced to zero feet provided
there are no openings in the wall built along
the property line.
(2) Except as noted below, the minimum rear
setback for drives and parking areas shall be
25 feet with the installation of perimeter
landscaping B. However, the minimum setback
may be reduced to seven and one-half feet with
the installation of perimeter landscaping F.
When abutting an O, C or I District, the
minimum setback shall be zero feet. When
abutting other property designated by the
Comprehensive Plan for non-single-family
residential land uses, the minimum setback
shall be zero feet; however, if the adjacent
property is occupied by a residence, a solid
screen or fence at least four feet high shall
be installed unless waived by the director of
planning at the request of the adjacent
property owner.
0 0 0
Sec. 19-600. Areas of applicability and exemptions.
The post-development areas shall include all lands as
specified herein and which are located in office,
commercial, business and industrial districts. Post-
developed areas shall include:
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(5) Ettrick Community bounded by Dupuy Road on the
north, the Colonial Heights corporate limits
on the east, the Petersburg corporate limits
on the south and the Seaboard Coastline
Railroad on the west.
0 0 0
Sec. 19-606. Areas of applicability and exemptions.
The village district shall include all lands specified
in this section.
0 0 0
(9) The Matoaca Village Core comprised of all
that area shown on the zoning maps as Matoaca
Village Core or MAVC.
0 0 0
Sec. 19-608. Exceptional development standards.
(a) Parking: Parking requirements in the village
district for indoor commercial recreational facilities;
self-service gasoline stations; office buildings of up
to 26,500 square feet; restaurants, including fast-food
and drive-in restaurants; retail stores; personal
services; repair shops; banks; greenhouses; nursery
centers; and lawn and garden centers shall be based on
the requirements for shopping centers or similar retail
groups of buildings as set forth in section 19-513.
Improved, designated parking spaces in a public right-
of-way may be counted toward the required number of
parking spaces so required when more than one-half of
each such space adjoins the site. Further, the required
number of parking spaces may be reduced by ten percent
if the development contains a sidewalk or other
pedestrian walkway system that connects to existing
walkways or that may be connected to future walkways. In
addition if approved by the director of planning, in the
Bon Air Community as defined in Section 19-600, a
business may reduce the required number of onsite
parking spaces by pro-rata if it has an agreement with
another entity permitting off-site parking on a lot
located within the Bon Air Community boundaries or
within 1000 feet of the Bon Air Community boundaries.
All other requirements of division 1, subdivision II of
this manual shall apply as described. In the Ettrick
Village Core, the following uses shall be exempt from
the requirements of Section 19-513: offices having a
gross floor plan area which does not exceed five
thousand (5,000) square feet, restaurants and retail
uses, including personal services, repair shops,
specialty shops and contractor offices without heavy
vehicles or equipment.
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(b) Landscaping:
(1) All Midlothian Village Areas: Landscaping
within setbacks along rights-of-way shall conform
to the recommendations set forth in The Village of
Midlothian Technical Manual dated September 1991.
0 0 0
(d) Streetlighting: Within all of the Chester Village
Areas, streetlighting shall be required of all new or
expanded projects except for single-family dwellings.
Streetlight fixtures, poles and lamp types shall be
consistent along any given street. Selected streetlights
shall be of a design in keeping with the small-scale,
pedestrian-oriented character of the village and shall
be compatible with existing and anticipated development.
Final selection shall be made prior to site plan
approval. Fixture mounting heights shall be 12 feet
above the adjacent street elevation along Route 10,
Chester Road and Harrowgate Road and ten feet above the
adjacent street elevation along all other streets.
Streetlights shall be installed on each side of a
street. On each side of any street, lights shall be
installed 150 feet on center and lights on opposite
sides of any one street shall be spaced 75 feet on
center with the lights on the other side of the street.
Spacing requirements may be modified through site plan
review where physical constraints preclude such spacing.
(e) Street tree planting: Within all of the Chester
Village Areas, it is the intent of perimeter landscaping
G, as detailed in section 19-518(8)(9), to require the
installation of street trees to increase the aesthetic
appeal of the village, encourage high-quality
development, provide shade for pedestrians and improve
the quality of the environment. To this end, the
following standards shall be met when utilizing
perimeter landscaping G:
0 0 0
Sec. 19-609. Setback requirements for O and C Districts.
0 0 0
(c) Chester Village Corridor East: The setback for all
buildings, drives and surface and deck parking areas
shall be as follows:
0 0 0
(4) Side setbacks:
0 0 0
b. Except as noted below, the minimum side
setback for drives and parking areas, shall be
seven and one-half feet with the installation
of perimeter landscaping F. When abutting an
O, C or I District, the minimum setback shall
be zero feet. When abutting other property
designated by the Comprehensive Plan for non-
single-family residential land uses, the
minimum setback shall be zero feet; however,
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if the adjacent property is occupied by a
residence, a solid screen or fence at least
four feet high shall be installed unless
waived by the director of planning at the
request of the adjacent property owner.
Vacant property located within the area
designated by the Chester Village Plan as
"mixed use: neighborhood office and single-
family residential" shall be considered a non-
single-family residential land use regardless
of the zoning of the parcel.
0 0 0
(h) Matoaca Village Core District: The minimum
setbacks for all buildings, drives, and surface and deck
parking areas shall be as follows:
0 0 0
Sec. 19-610. Setback requirements for I Districts.
0 0 0
(b) All Chester Village District areas: All
requirements shall be the same as noted in subsection
(a) except that landscaping in front and corner side
yards shall be perimeter landscaping G.
0 0 0
Sec. 19-611. Architectural treatment.
(a) Within the Ettrick Village Core:
(1) New development shall be compatible with the
pedestrian scale and historic village character of
Ettrick. New or altered buildings should be
generally consistent in height, scale, massing
(shape) and materials with existing structures in
the village. The intent of this section is to
insure functional and visual compatibility, not to
specifically encourage imitation of past
architectural styles.
(b) Within the Matoaca Village Core
0 0 0
Sec. 19-612. Heights.
The maximum height of all buildings within any O, C or I
district shall be as specified in this section, except
as provided in section 19-507 and 19-507.1.
(6) Midlothian Village Core, Chester Village Corridor
East, Matoaca Village Core No structure shall
exceed a height of two and one-half stories or 30
feet, whichever is less. Within the Matoaca
Village Core individual buildings shall not
exceed 8,000 square feet of gross floor area
provided, however, churches and other places of
worship, schools, and other public and semi-public
facilities such as libraries and fire stations
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shall not exceed 20,000 square feet of gross floor
area.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
16.B. TO CONSIDER AUTHORIZING THE ISSUANCE AND SALE OF
GENERAL OBLIGATION SCHOOL BONDS TO THE VIRGINIA PUBLIC
SCHOOL AUTHORITY
Mr. Carmody stated this date and time has been advertised for
a public hearing for the Board to consider authorizing the
issuance and sale of general obligation school bonds to the
Virginia Public School Authority.
Ms. Jaeckle called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
Mr. Holland made a motion, seconded by Mr. Gecker, for the
Board adopted the following resolution authorizing the
issuance and sale of general obligation school bonds to the
Virginia Public School Authority (VPSA) in an aggregate
principal amount of not to exceed $22,000,000 for the purpose
of providing project funds in the amount of $20,927,000 (the
"proceeds requested") for School Capital Projects:
RESOLUTION AUTHORIZING THE ISSUANCE OF
NOT TO EXCEED $22,000,000 GENERAL
OBLIGATION SCHOOL BONDS OF THE COUNTY OF
CHESTERFIELD, VIRGINIA, SERIES 2013, TO
BE SOLD TO THE VIRGINIA PUBLIC SCHOOL
AUTHORITY AND PROVIDING FOR THE FORM AND
DETAILS THEREOF.
WHEREAS, the Board of Supervisors (the "Board") of the
County of Chesterfield, Virginia (the "County"), has
determined that it is necessary and expedient to borrow an
amount not to exceed $22,000,000 and to issue its general
obligation school bonds for the purpose of financing certain
capital projects for school purposes; and
WHEREAS, the County held a public hearing, duly noticed,
on Wednesday, April 10, 2013, on the issuance of the Bonds
(as defined below) in accordance with the requirements of
Section 15.2-2606, Code of Virginia 1950, as amended (the
"Virginia Code"); and
WHEREAS, the School Board of the County has, by
resolution adopted on Tuesday, March 12, 2013, requested the
Board to authorize the issuance of the Bonds (as hereinafter
defined) and consented to the issuance of the Bonds; and
WHEREAS, the Bond Sale Agreement (as defined below)
shall indicate that $20,927,000 is the amount of proceeds
requested (the "Proceeds Requested") from the Virginia Public
School Authority (the "VPSA") in connection with the sale of
the Bonds; and
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WHEREAS, VPSA's objective is to pay the County a
purchase price for the Bonds which, in VPSA's judgment,
reflects the Bonds' market value (the "VPSA Purchase Price
Objective"), taking into consideration of such factors as the
amortization schedule the County has requested for the Bonds
relative to the amortization schedules requested by other
localities, the purchase price to be received by VPSA for its
bonds and other market conditions relating to the sale of the
VPSA's bonds; and
WHEREAS, such factors may result in the Bonds having a
purchase price other than par and consequently (i) the County
may have to issue a principal amount of Bonds that is greater
than or less than the Proceeds Requested in order to receive
an amount of proceeds that is substantially equal to the
Proceeds Requested, or (ii) if the maximum authorized
principal amount of the Bonds set forth in Section 1 below
does not exceed the Proceeds Requested by at least the amount
of any discount, the purchase price to be paid to the County,
given the VPSA Purchase Price Objective and market
conditions, will be less than the Proceeds Requested;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The
Board hereby determines that it is advisable to contract a
debt-and issue and sell its general obligation school bonds
in an aggregate principal amount not to exceed $22,000,000
(the "Bonds") for the purpose of financing certain capital
projects for school purposes as described in Exhibit B. The
Board hereby authorizes the issuance and sale of the Bonds in
the form and upon the terms established pursuant to this
Resolution.
2. Sale of the Bonds. It is determined to be in the
best interest of the County to accept the offer of VPSA to
purchase from the County, and to sell to VPSA, the Bonds at a
price, determined by VPSA to be fair and accepted by the
Chairman of the Board and the County Administrator, or either
of them that is substantially equal to the Proceeds
Requested, except that the Bonds may be sold for a purchase
price not lower than 95% of the Proceeds Requested if issuing
the Bonds in the maximum principal amount authorized by
Section 1 of this Resolution is insufficient, given the VPSA
Purchase Price Objective and market conditions, to generate
an amount of proceeds substantially equal to the Proceeds
Requested. The Chairman of the Board, the County
Administrator, or either of them and such other officer or
officers of the County as either may designate are hereby
authorized and directed to enter into a Bond Sale Agreement,
dated as of April 12, 2013, with VPSA providing for the sale
of the Bonds to VPSA. The agreement shall be in
substantially the form submitted to the Board at this
meeting, which form is hereby approved (the "Bond Sale
Agreement").
3. Details of the Bonds. The Bonds shall be dated the
date of issuance and delivery of the Bonds; shall be
designated "General Obligation School Bonds, Series 2013";
shall bear interest from the date of delivery thereof payable
semiannually on each January 15 and July 15 beginning
January 15, 2014 (each an "Interest Payment Date"), at the
rates established in accordance with Section 4 of this
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04/10/13
Resolution; and shall mature on July 15 in the years (each a
"Principal Payment Date") and in the amounts set forth on
Schedule I attached hereto (the "Principal Installments"),
subject to the provisions of Section 4 of this Resolution.
4. Interest Rates and Principal Installments. The
County Administrator is hereby authorized and directed to
accept the interest rates on the Bonds established by VPSA;
provided that each interest rate shall be five one-hundredths
of one percent (0.050) over the interest rate to be paid by
VPSA for the corresponding principal payment date of the
bonds to be issued by VPSA (the "VPSA Bonds") , a portion of
the proceeds of which will be used to purchase the Bonds, and
provided further that the true interest cost of the Bonds
does not exceed six percent (6.00%) per annum. The Interest
Payment Dates and the Principal Installments are subject to
change at the request of VPSA. The County Administrator is
hereby authorized and directed to accept changes in the
Interest Payment Dates and the Principal Installments at the
request of VPSA; provided that the aggregate principal amount
of the Bonds shall not exceed the amount authorized by this
Resolution. The execution and delivery of the Bonds as
described in Section 8 hereof shall conclusively evidence
such interest rates established by VPSA and Interest Payment
Dates and the Principal Installments requested by VPSA as
having been so accepted as authorized by this Resolution.
5. Form of the Bonds. The Bonds shall be initially in
the form of a single, temporary typewritten bond
substantially in the form attached hereto as Exhibit A.
6. Payment; Paying Agent and Bond Registrar. The
following provisions shall apply to the Bonds:
7. For as long as VPSA is the registered owner of the
Bonds, all payments of principal, premium, if any, and
interest on the Bonds shall be made in immediately available
funds to VPSA at, or before 11:00 a.m. on the' applicable
Interest Payment Date, Principal Payment Date or date fixed
for prepayment or redemption, or if such date is not a
business day for Virginia banks or for the Commonwealth of
Virginia, then at or before 11:00 a.m. on the business day
next succeeding such Interest Payment Date, Principal Payment
Date or date fixed for prepayment or redemption.
8. All overdue payments of principal and, to the
extent permitted by law, interest shall bear interest at the
applicable interest rate or rates on the Bonds.
9. U.S. Bank National Association, Virginia, is
designated as Bond Registrar and Paying Agent for the Bonds.
10. Prepayment or Redemption. The Principal
Installments of the Bonds held by VPSA coming due on or
before July 15, 2023, and the definitive Bonds for which the
Bonds held by VPSA may be exchanged that mature on or before
July 15, 2023, are not subject to prepayment or redemption
prior to their stated maturities. The Principal Installments
of the Bonds held by VPSA coming due after July 15, 2023, and
the definitive bonds for which the Bonds held by VPSA may be
exchanged that mature after July 15, 2023, are subject to
prepayment or redemption at the option of the County prior to
their stated maturities in whole or in part, on any date on
or after July 15, 2023, upon payment of the prepayment or
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redemption prices (expressed as percentages of Principal
Installments to be prepaid or the principal amount of the
Bonds to be ,redeemed) set forth below plus accrued interest
to the date set for prepayment or redemption:
July 15,
July 14, 2024
July 15,
July 14, 2025
July 15,
thereafter
Dates Pri
ces
2023 through 101
0
2024 through 100
2025 and 100
Provided, however, that the Bonds shall not be subject
to prepayment or redemption prior to their stated maturities
as described above without first obtaining the written
consent of VPSA or .the registered owner of the Bonds. Notice
of any such prepayment or redemption shall be given by the
Bond Registrar to the registered owner by registered mail not
more than ninety (90) and not less than sixty (60) days
before the date fixed for prepayment or redemption.
11. Execution of the Bonds. The Chairman or Vice
Chairman and the Clerk or any Deputy Clerk of the Board are
authorized and directed to execute and deliver the Bonds and
to affix the seal of the County thereto.
12. Pledge of Full Faith and Credit. For the prompt
payment of the principal of, premium, if any, and the
interest on the Bonds as the same shall become due, the full
faith and credit of the County are hereby irrevocably
pledged, and in each year while any of the Bonds shall be
outstanding there shall be levied and collected in accordance
with law an annual ad valorem tax upon all taxable property
in the County subject to local taxation sufficient in amount
to provide for the payment of the principal of and premium,
if any, and the interest on the Bonds as such principal,
premium, if any, and interest shall become due, which tax
shall be without limitation as to rate or amount and in
addition to all other taxes authorized to be levied in the
County to the extent other funds of the County are not
lawfully available and appropriated for such purpose.
13. Use of Proceeds Certificate and Certificate as to
Arbitrage. The Chairman of the Board, the County
Administrator and such other officer or officers of the
County as either may designate are hereby authorized and
directed to execute a Certificate as to Arbitrage and a Use
of Proceeds Certificate each setting forth the expected use
and investment of the proceeds of the Bonds and containing
such covenants as may be necessary in order to show
compliance with the provisions of the Internal Revenue Code
of 1986, as amended (the "Code"), and applicable regulations
relating to the exclusion from gross income of interest on
the Bonds and on the VPSA Bonds. The Board covenants on
behalf of the County that (i) the proceeds from the issuance
and sale of the Bonds will be invested and expended as set
forth in such Certificate as to Arbitrage and such Use of
Proceeds Certificate and that the County shall comply with
the other covenants and representations contained therein and
(ii) the County shall comply with the provisions of the Code
so that interest on the Bonds and on the VPSA Bonds will
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remain excludable from gross income for Federal income tax
purposes.
14. State Non-Arbitrage Program; Proceeds Agreement.
The Board hereby determines that it is in the best interests
of the County to authorize and direct the County Treasurer to
participate in the State Non-Arbitrage Program in connection
with the Bonds. The Chairman of the Board, the County
Administrator and such officer or officers of the County as
either may designate are hereby authorized and directed to
execute and deliver a Proceeds Agreement with respect to the
deposit and investment of proceeds of the Bonds by and among
the County, the other participants in the sale of the VPSA
Bonds, VPSA, the investment manager and the depository,
substantially in the form submitted to the Board at this
meeting, which form is hereby approved.
15. Continuing Disclosure Agreement. The Chairman of
the Board, the County Administrator and such other officer or
officers of the County as either may designate are hereby
authorized and directed to execute a Continuing Disclosure
Agreement, as set forth in Appendix F to the Bond Sale
Agreement, setting forth the reports and notices to be filed
by the County and containing such covenants as may be
necessary in order to show compliance with the provisions of
the Securities and Exchange Commission Rule 15c2-12, under
the Securities Exchange Act of 1934, as amended, and directed
to make all filings required by Section 3 of the Bond Sale
Agreement should the County be determined by the VPSA to be a
MOP (as defined in the Bond Sale Agreement).
16. Filing of Resolution. The appropriate officers or
agents of the County are hereby authorized and directed to
cause a certified copy of this Resolution to be filed with
the Circuit Court of the County.
17. Further Actions. The members of the Board and all
officers, employees and agents of the County are hereby
authorized to take such action as they or any one of them may
consider necessary or desirable in connection with the
issuance and sale of the Bonds and any such action previously
taken is hereby ratified and confirmed.
18. Effective Date. This Resolution shall take effect
immediately.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
16.C. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A
FIFTY-FOOT EASEMENT FOR STREETS WITHIN BLOCK A,
OTTERDALE PARK SUBDIVISION
Mr. Harmon stated this date and time has been advertised for
a public hearing for the Board to consider an ordinance to
vacate a portion of a fifty-foot easement for streets within
Block A, Otterdale Park subdivision.
Ms. Jaeckle called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
Mr. Gecker made a motion, seconded by Mr. Elswick, for the
Board to adopt the following ordinance to vacate a portion of
a fifty-foot easement for streets within Block A, Otterdale
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Park subdivision:
AN ORDINANCE whereby the COUNTY OF
CHESTERFIELD, VIRGINIA, ("GRANTOR")
vacates to WESTERLEIGH FC, LLC, a
Virginia limited liability company,
("GRANTEE"), a portion of a 50' easement
for streets across Lots 1 through 5 and a
parcel within Block A, Otterdale Park
Subdivision, MATOACA Magisterial
District, Chesterfield County, Virginia,
as shown on a plat thereof duly recorded
in the Clerk's Office, Circuit Court,
Chesterfield County, Virginia in Plat
Book 15, at Page 96.
WHEREAS, WESTERLEIGH FC, LLC, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate a
portion of a 50' easement for streets across Lots 1 through 5
and a parcel within Block A, Otterdale Park Subdivision,
MATOACA Magisterial District, Chesterfield County, Virginia
more particularly shown on a plat of record in the Clerk's
Office of the Circuit Court of said County in Plat Book 15,
Page 96, by F. T. SEARGENT, .L.S., dated FEBRUARY 21, 1967.
The portion of easement petitioned to be vacated is more
fully described as follows:
A portion of a 50' easement for streets
across Lots 1 through 5 and a parcel
within Block A, Otterdale Park
Subdivision, the location of which is
more fully shown on a plat made by AES
CONSULTING ENGINEERS, dated FEBRUARY 15,
2013, a copy of which is attached hereto
and made a part of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portion of easement sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid portion of easement
be and is hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
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sooner than thirty days hereafter in the Clerk's Office,
Circuit Court, Chesterfield County, Virginia pursuant to
Section 15.2-2276 of the Code of Virginia, 1950, as amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title to the portion of easement hereby vacated in
the property owner of Lots 1 through 5 and parcel within
Block A, Otterdale Park Subdivision free and clear of any
rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and
WESTERLEIGH FC, LLC, a Virginia limited liability company, or
its successors in title, as GRANTEE.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
ADOPTION OF PORTION OF APPROPRIATIONS RESOLUTION RELATED TO
PERSONAL PROPERTY TAX RELIEF
Mr. Stegmaier stated this afternoon a decision was made to
defer the Appropriations Resolution of the budget and
embedded in the item was the approval of the personal
property tax relief rate, which needs to be approved this
evening. He suggested that the Board suspend the rules to add
the issue of approving the tax relief for personal property
to the agenda and also suspend the rules to allow the Board
to reconsider an item that was considered this afternoon. He
noted it is an emergency item.
Mr. Gecker made a motion, seconded by Mr. Holland, for the
Board to suspend its rules to allow for consideration of
Section 21 of the Appropriations Resolution related to
personal property tax relief, which was previously deferred
at the afternoon session.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
Mr. Gecker made a motion, seconded by Mr. Elswick, for the
Board to adopt the following section of the Appropriations
Resolution related to personal property tax relief:
Sec. 21 In accordance with the requirements set forth in
Section 58.1-3524(C)(2) and Section 58.1-3912 (E) of
the Code of Virginia, as amended by Chapter 1 of the
Acts of Assembly (2004 Special Session 1) and as set
forth in Item 503.E (Personal Property Tax Relief
Program) of Chapter 951 of the 2005 Acts of
Assembly, any qualifying vehicle situated within the
County commencing January 1, 2006, shall receive
personal property tax relief in the following
manner:
a) Personal use vehicles valued at $1,000 or less
will be eligible for 1000 tax relief;
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b) Personal use vehicles valued at $1,001 to
$20,000 will be eligible for 62% tax relief;
c) Personal use vehicles valued at $20,001 or more
shall receive 62o tax relief on the first
$20, 000 of value;
d) All other vehicles which do not meet the
definition of "qualifying" (business use
vehicles, farm use vehicles, motor homes, etc.)
will not be eligible for any form of tax relief
under this program.
Pursuant to authority conferred in Item 503.D of
the 2005 State Appropriations Act, the County
Treasurer shall issue a supplemental personal
property tax bill in the amount of 100 percent
of tax due without regard to any former
entitlement to state PPTRA relief, plus
applicable penalties and interest, to any
taxpayer whose taxes with respect to a
qualifying vehicle for tax year 2005 or any
prior tax year remain unpaid on September 1,
2006, or such date as state funds for
reimbursement of the state share of such bill
have become unavailable, whichever occurs first.
e) Penalty and interest with respect to bills
issued pursuant to this section shall be
computed on the entire amount of tax owed.
Interest shall be computed at the ate provided
in Section 9-51 of the county code from the
original due date of the tax.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
17. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
Mr. Stegmaier briefed the Board on the major brush fire
affecting Route 288 from Route 10 to Courthouse Road.
18. ADJOURNMENT
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adjourned at 7:10 p.m. until April 24, 2013 at 3:00 p.m.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
Doroth A. Ja le
Chairman
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