09-21-2005 Minutes
BOARD OP SUPERVISORS
M.INUTES
SEPTEMBER 21, 2005
Supervisors in Attendance.
Mr. Edward B. Barber, Chairman
Mr. R. M. "DickieH King, Jr.,
Vice Chairman
Mrs. Renny Bush Humphrey
Mr. Kelly E. Miller
Mr. Arthur S. Warren
Mr. Lane B. Ramsey
County Administrator
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Staff in Attendance.
Colonel Carl R. Baker,
police Department
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Mr. Craig Bryant, Dir.,
Utilities
Ms. Jana Carter, Dir.,
Youth Planning and
Development
Ms. MarilYn Cole, Asst.
County Administrator
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Charles Dane, Asst.
Dir., External Services
Ms. Rebecca Dickson, Dir.,
Budget and Management
Mr. William Dupler,
Building Official
Ms. Lisa Elko, CMC,
Clerk
Ms. Karla Gerner, Dir.,
Human Resource Mgmt.
Mr. Michael Golden, Dir.,
Parks and Recreation
Dep. Chief James Graham,
Fire and EMS Dept.
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Mr. Francis pi taro, Dir.,
General Services
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Kirk Turner, Dir.,
Planning
Sheriff Clarence Williams,
Sheriff's Department
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Ms. Judy L. Worthington,
Circuit Court Clerk
Mr. Barber called the regu.larly scheduled meeting to order at
4:13 p.m.
1. APPROVAL..9F MINUTES FOR AUGUST 24, 2005
On motion of Mr. Miller, seconded by Mr. King, the Board
approved the minutes of August 24, 2005" as submi tted.
Ayes: Barber" King, Humphrey, Miller and Warren.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
Ms. Lynda Price, Emergency Manaç¡ement Coordinator, provided
details of efforts by Chesterfield County to support the
victims of Hurricane Katrina.
Mr. Warren suggested that the Board recognize those who have
been deployed to assist the hurricane victims upon their
return.
Mrs. Humphrey expressed appreciation to all county residents
who have participated in hurrican,e relief efforts.
Mr. Miller cautioned the Board relative to fraudulent
requests for monetary relief as a result. of the hurricane.
Mr. Ramsey stated county
services rather than money
He noted the Chesterfield
$8,000 in donations to the
relief.
employees are providing direct
to assist the hurricane victims.
Employees Association collected
American Red Cross for hurricane
Mr. King recommended that the county carefully screen all
applicants for hurricane relief s4:rvices.
3. BOARD COMMITTEE REPORTS
There were no Board committee reports at this time.
4. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE
ORDER OF PRESENTATION
On motion of Mr. King, seconded by Mr. Barber, the Board
added Item 8.C.2.i., Resolution Recognizing the County's
Relief Efforts in Support of Hurricane Katrina Victims; added
Item a.C.2.j., Resolution Recognizing Mr. B. R. Wilkinson,
License Inspection Department, Upon His Retirement; added
Item 9., Hearings of Citizens on Unscheduled Matters - Mr.
Mike Harton Will Address the Board on Behalf of the Task
Force for Responsible Growth Regarding the Placement of the
New Middle School; replaced Item 10.B., Report on the Status
of General Fund Balance, Reserve for Future Capital Projects,
District Improvement Funds and Lease Purchases; added Item
15.K., Hearings of Citizens on Unscheduled Matters or Claims
05-·726
09/21/05
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- Mr. Bob Herndon will Address the Board Regarding an Item He
Believes Should Be Added to the Board of Supervisors' 2006
Legislative Package¡ replaced Item 16 .A., Public Hearing to
Consider Amendments to Sections 14-14 Through 14-16 of the
County Code Regulating the Use of Pneumatic Guns in the
County¡ replaced Item 16.C., Public Hearing to Consider
Amendments to Sections 19-185, 19-192, 19-195, 19-199, and
19-523 of the County Code Relating to Setbacks in Industrial
Zoned Districts¡ and adopted the Agenda, as amended.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
S.A. RECOGNIZING MASTER DEPUTY THOMAS B. GILMER, SHERIFF'S
DEPAR'l'MEN'r, UPON HIS RETIREHENT
Sheriff Williams introduced Mr. Rick Jeffries,
the Special Olympics of Virginia to make
presentation to Master Deputy Thomas Gilmer.
President of
a special
Mr. Jeffries presented Deputy Gilmer with an engraved plaque
in appreciation of his commitment to the Special Olympics.
Sheriff Williams then called forward Master Deputy Gilmer to
receive the resolution.
On motion of the Board, the following resolution was adopted:
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WHEREAS, Master Deputy Thomas B. Gilmer began working
for the Chesterfield County Sheriff's Office on May 20, 1980,
serving in the jail dealing with inmates entrusted to the
Sheriff's care¡ and
WHEREAS, from May 1982 to May 1984, Deputy Gilmer served
as Transportation Deputy for the Jail; and
WHEREAS, in December 1985 Deputy Gilmer was transferred
to the Court Services Division and Civil Process Section
serving civil process papers¡ and
WHEREAS, in the year 2001 Deputy Gilmer received a
Letter of Commendation and Celebrating Success Award for
being instrumental in the Special Olympics and the Seniors In
Touch program¡ and
WHEREAS, in September 2001 Deputy Gilmer was reassigned
to the Court's division where he proved to be an invaluable
asset to the Court Services Division¡ and
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WHEREAS, in September 2003 Deputy Gilmer was nominated
Employee of the Quarter for the Chesterfield County Sheriff's
Office, because of his desire to do a good job and his
ability to perform at a high level, always striving for
excellence and going beyond the call of duty; and
WHEREAS, Deputy Gilmer was promoted to Master Deputy in
October 2004¡ and
WHEREAS, throughout his career, Deputy
volunteered for the Law Enforcement Torch Run,
Gilmer has
benefiting
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Virginia Special Olympics, raising over $25,000 for the
special athletes of Chesterfield County.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 2lst day of September 2005,
publicly recognizes the outstanding contributions of Master
Deputy Thomas B. Gilmer, expresses the appreciation of all
residents for his service to Chesterfield County, extends
appreciation for his dedicated service to the county and
congratula.tions upon his retirem.ent., as well as best wishes
for a long' and happy retirement.
AND, BE I'r FURTHER RESOLVED, that a copy of this
resolution be presented to Deputy Gilmer and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None!.
Mr. Mille!r presented the executed resolution to Deputy
Gilmer, accompanied by Sheriff Williams, expressed
appreciation for his dedicated service and congratulated him
on his retirement.
Deputy Gilmer stated he has enjoyed his service with the
Sheriff's Department.
5. B. RECOGNIZING MS. TERRY MINOR FOR HER SERVICE TO THE
CHESTERFIELD COUNTY PARKS AND RECREATION ADVISORY
COMMISSION AND THE COUNTY
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Mr. Golden. introduced Ms. Terry Minor who was present to
receive the resolution.
On motion of the Board, the following resolution 'was adopted:
WHEREAS, the Chesterfield County Parks and Recreation
Advisory Commission was established in 1993 by the Board of
Supervisors for the purpose of assessing the recreation needs
of the county, advising the Board of Supervisors and county
staff, and making specific recommendations on the most
equitable use of facilities; and
WHEREAS, Ms. Terry Minor was appointed as a member of
the Commission representing the Clover Hill Magisterial
District in ~Tanuary 2000, and since that time has served the
citizens of Chesterfield with distinction; and
WHEREAS, Ms. Minor served as Chairperson of the Budget
Committee and the Master Plan Committee and served
continuously on the Athletics Activities Committee, the
Budget Committee and the Capital Projects Committee as she
worked to resolve issues and bring forth policy
recommendations later adopted by the Commis 3ion; and
WHEREAS, the Commission provided guidance and direction
on development of a Parks and Recreation Master Plan and set
standards for capital improvements for new facilities; and
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WHEREAS, the Commission set schedules for sports season
dates and recommended assignments of facilities to
cosponsored leagues; and
WHEREAS, the Commission strongly supported the passage
of the 2004 Bond Referendum and the resulting acquisition and
development of new parks and recreation facilities throughout
the county¡ and
WHEREAS, the Commission developed a
Volunteers Recognition Program, with the
ceremonies held in the spring of 2004¡ and
Recreational
first awards
WHEREAS, Ms. Minor has contributed greatly to the
Chesterfield community through her own volunteerism, serving
in the capacity of President and Vice President of the A.M.
Davis Athletic Association.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 21st day of September 2005,
publicly recognizes and commends Ms. Terry Minor for her
dedicated and outstanding service to the Parks and Recreation
Advisory Commission and to the citizens of Chesterfield
County.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
Mr. Warren presented the executed resolution to Ms. Minor,
accompanied by Mr. Golden and Mr. Dennis Harding, Vice
Chairman of the Parks and Recreation Advisory Commission, and
expressed appreciation for her contributions to the Parks and
Recreation Advisory Commission.
Ms. Minor thanked the Board for the recognition.
Mr. Harding expressed appreciation for Ms. Minor's service on
behalf of the Parks and Recreation Advisory Commission.
5.C. RECOGNIZING OCTOBER 9-15, 2005, AS "FIRE PREVENTION
WEEK"
Lieutenant Pete Hypes came forward to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the County of Chesterfield is committed to
ensuring the safety and security of all those living in and
visiting our county¡ and
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WHEREAS, fire is a serious public safety concern both
locally and nationally, and homes are the locations where
people are at greatest risk from fire¡ and
WHEREAS, the National Fire Protection Association (NFPA)
has documented through its research a significant increase in
home candle fires, even as most other causes of home fires
have steadily declined; and
WHEREAS, Chesterfield Fire and Emergency Medical
Services first responders are dedicated to reducing the
occurrence of home fires and home fire injuries through
prevention and protection education; and
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09/21/05
WHEREAS, Chesterfield County residents are responsive to
public education measures an.d are able to take personal steps
to increase their safety from fire; and
WHEREAS, using proper care with candles will have a
positive effect on the home fire problem; and
WHEREAS, each candle fir,: that
Chesterfield County is an opportuni ty
injury and costly property damage; and
1· .~
.:>
prevented in
prevent painful
to
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WHEREAS, the 2005 Fire Prevention Week theme, "Use
Candles with Care: When You Go Out, Blow Out! H effectively
serve!s to remind us all of t:he simple actions we can take to
stay safer from fire durinÇJ Fire Prevention Week and year-
round.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 21st day of September 2005,
publicly recognizes the week of October 9-15, 2005, as "Fire
Prevention WeekH throughout this county, and urges all people
of Chesterfield County to h~:!ed the important safety messages
of Fire Prevention Week 200S, and to support the many public
safety activities and efforts of Chesterfield County's Fire
and E:mergency Medical Services.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution to Lieutenant
Hypes and expressed appreci.ation for the fire department' s
fire prevention efforts.
Mr. M:iller excused himself from the meeting.
Mr. Barber stated there is an additional consent item that
was inadvertently omitted from the motion to amend the
agenda.
Mr. Barber then made a motion, seconded by Mr. King, for the
Board to suspend its rules to add an additional item to the
agenda.
Ayes: Barber, King, Humphr,ey and Warren.
Nays: None.
Absent: Miller.
Mr. Miller returned to the m,eeting.
Mr. Barber then made a motion, seconded by Mr. King, for the
Board to further amend its agenda by adding Item 8.C.20.b.,
Donation of District Improvement Funds from the Bermuda,
Clover Hill, Dale, Matoaca and Midlothian District
Improvement Funds to the America.n Red Cross for Hurricane
Katrina Relief. -,-
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
6. WORR SESSIONS
There were no work sessions at this time.
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09/21/05
7 . DEFERRED ITEMS
o TO CONSIDER AMENDING COUNTY CODE SECTION 15-196 RELATING
TO RATES FOR TAXI SERVICES
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Mr. Micas stated the Board held a public hearing on July 27,
2005 to consider an ordinance amendment relating to rates for
taxi services. He further stated there has not been a rate
increase since 1999. He stated Henrico, Richmond and Hanover
have all adopted ordinances to increase taxicab rates by 10
cents from 30 cents everyone-fifth mile to 40 cents every
one-fifth mile.
Mr. Barber stated the Taxicab Advisory Committee supports the
increased rates.
On motion of Mr. Barber, seconded by Mr. King, 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 15-196 RELATING TO RATES FOR
TAXI SERVICES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 15-196 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 15-195. Rates--Generally.
Except as otherwise provided in this article, it shall
be unlawful for the owner or driver of any taxicab to charge
a rate above or below the rates established by the board of
supervisors.
Sec. 15-196. Same--Enumerated special discount for elderly
passengers and disabled passengers.
(a) Taxicab drivers shall charge passengers:
For the first one-fifth mile . . . $2.50
For each succeeding one-fifth mile . . . 0.40
For each one minute of waiting time . 0.30
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For each additional passenger over one (children
six years of age or younger, when accompanying a
fare-paying passenger, shall not be deemed
additional passengers) . . . 1.00
000
(2) That this ordinance shall become effective October 1,
2005.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
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09/21/05
8. IŒW BUSrNESS
8.A. STREETLrGHT rNSTALLAT]:ON COST APPROVALS
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved the following stree!tlight installations:
Bermuda District
· In the Amstel Bluff Subdivision, at the intersection
of Bluff Ridge Drive and Bluff Ridge Court
Cost to install streetlight: $514.00
Matoaca District
· In the McCormick Woods Subdivision, Fox Maple Court,
in the vicinity of 21225
Cost to install streetli.ght: $970.35
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8. B. APPOINTMENTS
On mCltion of Mrs. Humphrey, seconded by Mr. ~Iiller, the Board
suspE!I1ded its rules at this time to allow for simultaneous
nomination/appointment/reappointment of members to serve on
the Chesterfield Community Services Board, Youth Services
Citiz:en Board, Virginia's Gateway Region Board and the Board
of Di.rectors of Substance Abuse Free Environment Incorporated
( SAFE:) .
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8 . B .1, . CHESTERFIELD COMM'UN'I'TY SERVrCES BOARD
On motion of Mr. Miller, sE~conded by Mr. Barber, the Board
simultaneously nominated/appointed Linda C. Kendall, Ph.D. to
serve~ as an at-large member on the Chesterfield Community
Services Board.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.B.2. YOUTH SERVrCES CITrZEN BOARD
On motion of Mr. Barber, sleconded by Mr. King, the Board
simultaneously nominated/appointed Ms. Megan Thomas and Ms.
Peyton Stroud, representing the Midlothian District, to serve
as student members of the Youth Services Citizen Board, whose
term is effective immediately and expires June 30, 2006.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
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09/21/05
8.B.3. VIRGINIA'S GATEWAY REGION BOARD
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
simultaneously nominated/reappointed Mr. Gary Thomson, Mr. R.
M. "DickieH King, Jr. and Mr. Bob Walker to serve on
Virginia's Gateway Region Board, whose terms are effective
September 30, 2005 and expire September 30, 2006.
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Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.B.4. BOARD OF DIRECTORS OF SUBSTANCE ABUSE FREE
ENVIRONMENT INCORPORATED
On motion of Mr. Warren, seconded by Mr. Miller, the Board
simultaneously nominated/appointed Mr. M. Imad Damaj,
representing the Clover Hill District, to serve on the Board
of Directors of Substance Abuse Free Environment Incorporated
(SAFE), whose term is effective October 1, 2005 and expires
September 30, 2008.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C. CONSENT ITEMS
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8. C .1. ACCEPTANCE OF AND APPROPRIATION OF GRANT AWARDED BY
THE UNITED STATES DEPARTMENT OF JUSTICE TO UPGRADE
AND ENHANCE THE POLICE DEPARTMENT'S FORENSICS UNIT
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
authorized the Police Department to accept and appropriate an
award from the Department of Justice, Office of Community
Oriented Policing Services Technology Grant Program in the
amount of $98,664 to upgrade and enhance the police
Department's Forensics Unit, and authorized the County
Administrator to execute all documents.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.2. ADOPTION OF RESOLUTIONS
8.C.2.a. RECOGNIZING LIEUTENANT ANDREW D. MCLAURIN,
CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVICES
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, Lieutenant Andrew D. McLaurin retired from the
Fire and Emergency Medical Services Department, Chesterfield
County, on August 1, 2005¡ and
WHEREAS, Lieutenant McLaurin attended Recruit School
Number 3 in 1972 and Recruit School Number 12 in 1982 and has
faithfully served the county for nearly 29 years in various
assignments as a Firefighter at the Bon Air and Dutch Gap
stations; as a Sergeant at the Bon Air, Chester, Ettrick and
Airport stations; as a Lieutenant at the Airport and Ettrick
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stations; and as a Lieutenant serving as the first Tactical
Safety Officer; and
WHEREAS, Lieutenant McLaurin served faithfully in
various group activities for the betterment of the
Chesterfield Fire and Emerçrency Medical Services Department
including the CFEMS Employee Involvement Group for seven
years; as the editor the CFEMS Newsletter "The Beacon" for
threE~ years; as the Secretary of the Chesterfield
Professional Firefighters Association for three years¡ as the
Secretary/Treasurer of the Chesterfield Professional
Firefighters Association for eight years; as the Acting
Administrative Officer for "CH Shift for three years; as a
member of the CFEMS Strate9ic Planning Focus Group for one
year ¡ and as a member of the CFEMS Cultural Di versi ty Focus
Group for three years; and
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WHEREAS, Lieutenant ~1cLaurin has been
recognized as an effectiv'e company officer
emergency scenes and for prc::>viding exceptional
many firefighters throughout his entire career.
continuously
at numerous
leadership to
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Lieutenant Andrew D. McLaurin, expresses the appreciation of
all residents for his service to the county, and extends
appreciation for his dedicated service and congratulations
upon his retirement.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.2.b. RECOGNIZING FIREFIGHTER :BARRY L. MATHEWS,
CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVICES
DEPARTMENT, UPON H:tS RETIREMENT
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On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, Firefighter BÕlrry L. Mathews retired from the
Fire and Emergency Medical Services Department, Chesterfield
County, on August 1, 2005; and
WHEREAS, Firefighter Ì"£athews attended Recruit School
Number 7 and has faithfully served the county for nearly 27
years in various assignment:s as a Firefighter/EMT at the
Midlothian, Bon Air, Clover-hill, Manchester and Courthouse
Road fire stations; and
WHEREAS, Firefighter Mathews was named the 1994 Career
Firefighter of the Year¡ and
WHEREAS, in 1989 Firefi9hter Mathews was instrumental in
developing the computer program to run the Mask repair shop
locatlad at the Manchester Fire Station; and
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'rJHEREAS, Firefighter Mathews worked
depart.ment's Information Management Technology
set the initial installation of computers in
County Fire Stations; and
wi th the
Division to
Chesterfield
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09/21/05
WHEREAS, throughout his career Firefighter Mathews has
led various computer projects that have benefited the Fire
Department¡ and
WHEREAS, Firefighter Mathews' knowledge and computer
skills have been used to increase the operating proficiency
of the department; and
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WHEREAS, Firefighter Mathews has mentored and developed
many firefighters throughout his career¡ and
WHEREAS, Firefighter Mathews has responded to every need
of the Fire Department, including his willingness to provide
additional expertise in the technology field, his dedication
to public service, his willingness to work long hours I and
his creativity to develop beneficial computer programs that
have all earned him the respect and admiration of the Fire
Department¡ and
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Firefighter Barry L. Mathews, and expresses the appreciation
of all residents for his service to the County, and extends
their appreciation for his dedicated service and their
congratulations upon his retirement.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
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8 . C. 2. c . APPROVING AN AMENDMENT TO THE SERVICE AGREEMENT
WITH THE RIVERSIDE REGIONAL JAIL AUTHORITY
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
Riverside Regional Jail Authority (the "Authority·), the
County of Charles City, the County of Chesterfield, the City
of Colonial Heights, the City of Hopewell, the City of
Petersburg, the County of Prince George and the County of
Surry (together, the Member Jurisdictions·)¡ and
WHEREAS the original Service Agreement was entered into
by the above parties on August 27, 1992, and was amended on
June 23, 1993; September 26, 1994 and December 14, 1994¡ and
WHEREAS, the Riverside Regional Jail was completed in
July 1997, and is currently at its anticipated operating
capacity, requiring an expansion of the facility in order to
house the inmates from the Member Jurisdictions¡ and
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WHEREAS, the parties desire to amend the Service
Agreement to allow the expansion to take place.
NOW THEREFORE, BE IT RESOLVED by the
Board of Supervisors that the Fourth
Riverside Regional Jail Authority Service
approved, and the Chief Administrative
authorized to execute such document
governing body.
Chesterfield County
Amendment to the
Agreement is hereby
Officer is hereby
on behalf of the
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
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8.C.2.d. RECOGNIZING SEPTEMBER 26, 2005, AS "FAMILY DAY" IN
CHESTERFIELD COUNT'~
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, the observancE~ of "Family Day - A Day to Eat
Dinner with Your ChildrenH provides a unique opportunity for
families in Chesterfield County to join one another at the
dinner table as a means of strengthening family
relationships; and
WHEREAS, parental influence is known to be one of the
most crucial factors in determining the likelihood of
substance abuse by teenagers; and
WHEREAS, surveys conducted by the National Center on
Addiction and Substance Abuse have consistently found that
children and teenagers who routinely eat dinner with their
families are far less likely to use cigarettes, alcohol and
illegal drugs; and
WHEREAS, meal times offer opportunities for families to
spend time together, providing a basic structure that
strengthens and encourages lasting relationships; and
WHEREAS, young people from families who almost never eat
dinner together compared to those that do are 72 percent more
likely to use cigarettes, alcohol and illegal drugs; and
WHEREAS, the correlation between family dinners and
reduced risk for teen substance abuse is well documented; and
WHEREAS, Chesterfield County Youth Planning and
Development and SAFE, Chesterfield's substance abuse
prevention coalition, are promoting the importance of family
dinners to parents in Chesterfield County, Virginia; and
WHEREAS, the Chesterfield County Board of Supervisors
recognizes that eating dinner as a family is an important
step toward raising drug-freE! children.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Monday, September 26,
2005, as "Family Day A Day to Eat Dinner With Your
Children,H to recognize the positive impact of strong family
interaction on the well beinçr and future SUCC4:!SS of t.he young
people in Chesterfield Count}'.
Ayes: Barber, King, Humphrey, Miller and Warnm.
Nays: None.
8 .C.2 ,.8. RECOGNIZING OCTOBER 2-8, 2005, AS "PARALEGALS WEEK"
IN CHESTERFIELD COUNTY
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adoptE:!d the following resolut~ion:
~mEREAS, the United States of America is a nation of
laws; and
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09/21/05
WHEREAS, our legal system depends not only on attorneys
and judges, but also on legal assistants and paralegals who
provide skilled and essential professional services to
licensed attorneys and to local governments throughout the
Commonwealth of Virginia and the nation; and
WHEREAS, becoming a legal assistant or paralegal is a
commitment that requires dedication and specialized training;
and
WHEREAS, the Virginia Alliance of Paralegal Associations
(VAPA) issues educational standards and professional
guidelines for legal assistants; and
WHEREAS, research and administrative work are important
components of the work performed by legal assistants and
paralegals to assist attorneys; and
WHEREAS, VAPA proudly sponsors educational programs,
professional seminars and forums to hone the skills of legal
assistants and paralegals; and
WHEREAS, VAPA encourages adherence
professional standards that guide the
professionalism of its members¡ and
to rigorous
ethics and
WHEREAS, the Commonwealth of Virginia and the nation are
well-served by VAPA and its members¡ and
WHEREAS, this Board of Supervisors recognizes the value
of these professionals to the orderly and efficient operation
of Chesterfield County's government; and
WHEREAS, it is appropriate to share in Governor Mark
Warner's recognition of October 2-8, 2005, as "Paralegals'
Week."
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of legal assistants and paralegals in
Chesterfield County and throughout the Commonwealth of
Virginia and the nation, extends its appreciation to these
dedicated professionals during "Paralegals Week,H and wishes
all who share in this proud professional field continued
success and much gratitude on this occasion.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.2.f. RECOGNIZING DEPUTY WILLIAM A. BEASLEY, SHERIFF'S
OFFICE, UPON HIS RETIREMENT
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, Deputy William A. Beasley began his public
service with Chesterfield County as a Jail Deputy for the
Sheriff's Office in May 1987 and was transferred to the Civil
Process Unit in July 1988; and
WHEREAS, Deputy Beasley was promoted to the rank of
Corporal at the jail and held this position until this rank
was abolished in October 1993; and
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09/21/05
WHEREAS, Deputy Beasley then served as a control room
operator at the jail until his transfer to courts in March
2001 where he served until his retirement; and
WHEREAS, Deputy Beasley was selected as Employee of the
Quarter for the Jail Division in June 1989 and for the Courts
Division in October 2001; and
WHEREAS, Deputy Beasley was instrumentéÜ in developing
the procedures for the new juvenile courthouse and holding
area; and
WHEREAS, Deputy Beasley was certified as a Department
of Criminal Justice Servic·es and American Red Cross CPR
instructor and was able to pass on his knowledge in this
capaci ty to new recruits a.s well as Senior Officers during
in-service classes; and
WHEREAS, Deputy Beasley assisted with the creation of
the Field Training Officer program and its implementation;
and
WHEREAS, Deputy
assisting with the
capacities; and
Beasll:y
Special
contributed
Olympics in
numerous hours
many different
WHEREAS.. Deputy Beasley's desire to do a good job has
been a primary factor that has permitted him to perform at a
very high level, always striving for excellence and going
beyond the call of duty whilE~ serving Chesterfield County for
eighteen years.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Deputy William A. Beasley. expresses the
appreciation of all residents for his serViCE! to the county,
and extends appreciation for his dedicated service,
congratulations upon his retirement, and best wishE~s for a
long and happy retirement.
-.
Ayes: Barber, King, Humphrey, Miller and WarrE!n.
Nays: None.
8.C.2.g. RECOGNIZ~NG THE TIES BETWEEN CHESTERFIELD COUNTY,
V~RGIN~A AND ASHFORD, KENT, ENGLAND
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS . there are many strong historic ties between the
Commonwealth of Virginia and Great Brit.ain; and
~œEREAS, prominent among these are the fact that English
settle!rs founded Jamestown in 1607; and
~œEREAS, Sir Thomas Dale and his hearty band of settlers
soon thereafter established t:he Citie of Henricus in 1611 in
what is now Chesterfield County, Virginia; and
WHEREAS, Captain Francis: Eppes was baptized in St. Mary
the Virgin Parish Church of Ashford, Kent, England on May 15,
1597; and
05-7318
09/21/05
WHEREAS, Captain Eppes sailed for the New World in the
early 17th century¡ and
WHEREAS, a descendant of Captain Eppes, also named
Francis, was the brother-in-law of Thomas Jefferson¡ and
WHEREAS, Francis Eppes lived at a plantation named
Eppington, which is today owned and operated by Chesterfield
County as a historic property; and
WHEREAS, these and many other ties bind Great Britain,
and in particular, Ashford, Kent, England, and Chesterfield
County, Virginia, in spirit¡ and
WHEREAS, the people of Great Britain have been generous,
most recently, in their support of the victims of Hurricane
Katrina on America's Gulf Coast; and
WHEREAS, it is appropriate to reflect on the enduring
friendship between our two great nations.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 21st day of September 2005,
recognizes the strong bonds of affection and mutual respect
between the people of Ashford, Kent, England and the people
of Chesterfield County, Virginia, and extends to Mayor
Malcolm Eke and Mayoress Carol Brungler of Ashford, Kent,
England warmest wishes and fond memories that date back to
Captain Francis Eppes' departure from Ashford, Kent to
Virginia.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mayor Eke and Mayoress Brungler
and that this resolution be recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.2.h. RECOGNIZING SEPTEMBER 17-.23, 2005, AS "CONSTITUTION
WEEK"
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, September 17, 2005 marks the 218th anniversary
of the drafting of the Constitution of the United States of
America by the Constitutional Convention¡ and
-
WHEREAS, it is fitting and proper to accord official
recognition to this magnificent document and its memorable
anniversary¡ and
WHEREAS, many patriotic celebrations across the nation
will commemorate this special date in our country's history;
and
WHEREAS, Public Law 915 guarantees the issuance of a
proclamation each year by the President of the United States
of America designating September 17 through the 23rd as
"Constitution WeekH¡ and
05-739
09/21/05
WHEREAS, as the world
wonder of the drafting of
people, it is clear that
treasured; and
witnesses the difficulty and the
a new constitution by the Iraqi
our o'Am Constit.ution :.s to be
WHEREAS, we recognize that we are fortunate to have such
a document as the bedrock of our nation.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
Board of Supervisors, this 21st day of September 2005,
designates the week of SE~ptember 17-23 as "Constitution
Week, H and urges all Cht:sterfield County residents to
reaffirm the ideals of the framers of the Constitution as set
forth in 1787 by vigilantly protectin9 the freedoms
guaranteed to us through this guardian of our liberties
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented t.o the Daughters of the American
Revolution and that this resolution be recorded among the
papers of this Board of Supervisors of Chesterfield County,
Virginia.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.2.i. RECOGNIZING THE COUNTY'S RELIEF EFFORTS IN SUPPORT
OF HURRICANE KATRINA VICTIMS
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, Hurricane Katrina struck the Gulf Coast region
of the United States with unprecedented fury; and
WHEREAS, the catastrophic: results of this hurricane
have mobilized the nation at every level to provide support
to the victims; and
WHEREAS, Chesterfield County
assistance in numerous ways; and
has
been
providing
WHEREAS, Chesterfield County employees, through the
Chesterfield Employee Association, donated $8,000 to the
American Red Cross for Hurricane Katrina relief with those
donations being matched by the Board of Supervisors; and
WHEREAS, the county's new mobile command center van was
deployed to Baton Rouge, along wi th a four-person team to
staff the van; and
WHEREAS, a seven-person Incident Management Team was
also deployed for 18 days to the Gulf Coast region; and
WHEREAS, a ten-person Police Law Enforcement Task Force
has been deployed; and
WHEREAS, Schools sent one principal to Fort Pickett,
and has enrolled elementary, middle and high school students
from the affected areas; and over 40 numerous families, and
assisted Fort pickett with evacuees; and
WHEREAS, the Health DE~partment provided vaccinations to
responders, provided other services to evacuees and provided
support staff for operations. at Fort Pickett; and
05-'740
09/21/05
WHEREAS, several county employees have been called up
for military service in the affected areas¡ and
WHEREAS, over 30 other employees have volunteered to be
deployed to assist where needed.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the county's support
for Hurricane Katrina victims as well as the superb and
selfless efforts of all residents who have assisted the
victims of Hurricane Katrina, whether through donations or by
volunteering to serve in the stricken area, and urges all
Chesterfield County residents to join in the efforts to help
our fellow Americans affected by this tragedy.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.2.j. RECOGNIZING MR. B. R. WILKINSON, LICENSE INSPECTION
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, Mr. B. R. Wilkinson will retire from the
Chesterfield County License Inspection Department on October
1, 2005, after providing 25 years of quality service to the
citizens of Chesterfield County; and
WHEREAS, Mr. Wilkinson has faithfully served the county
in the capacity of Director for the License Inspection
Department; and
WHEREAS, Mr. Wilkinson has provided leadership for
local, regional and state enforcement initiatives and policy
development¡ and
WHEREAS, Mr. Wilkinson provided direction and guidance
to a department that was responsible for enforcing the
provisions of Chesterfield County Code sections six and
thirteen ensuring the proper licensing of businesses and
vehicles located within Chesterfield County; and
WHEREAS, Mr. Wilkinson's efforts with respect to
enforcing these provisions of the County Code resulted in the
collection of significant delinquent revenue owed to
Chesterfield County¡ and
WHEREAS, Mr. Wilkinson worked tirelessly throughout his
career to protect the citizens of Chesterfield County from
fraudulent contractors and businesses¡ and
"~
WHEREAS, Mr. Wilkinson's honorable character, selfless
dedication to Chesterfield County, and commitment to
excellence are a model for all county employees, and his
integrity, ethics and values are guiding principles that
place the Department of License Inspection in a professional
category respected throughout the state as a leader in
license enforcement¡ and
WHEREAS, Mr. Wilkinson has
culture that empowers employees
opinions; his vision, leadership
promoted a departmental
to express new ideas and
and willingness to get
05-741
09/21/05
involved are respected throughout the county organization,
and he is an exceptional manager of people; and
WHEREAS, Mr. Wilkinson has created an environment where
trust, optimism, enj oyment, and personal growth are
encouraged; and
WHEREAS, Chesterfield County, the Board of Supervisors
and the members of his department will miss Mr. Wilkinson's
diligent service.
NOW, THEREFORE, BE IT RESOLVED that
County Board of Supervisors recognizes Mr.
and extends on behalf of its members and
Chesterfield County, appreciation for his
county, congratulations upon his retirement,
for a long and happy retirement.
the Chesterfield
B. R. Wilkinson,
the citizens of
servicE~ to the
and be;st wishes
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8. C. 3 . APPROPRIATION OF STATE COMPENSATION BOARD FUNDS FOR
THE COMMONWEALTH'S A'TTORNEY AND CREATION OF TWO
POSITIONS
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
appropriated $96,600 in State Compensation Board funds to
fund two new Commonwealth }!,ttorney posi tions and authorized
the creation of the two new full-time posi tions wi thin the
Commonwealth's Attorney's Office.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8. C. 4 . ACCEPTANCE OF FEDERAL AND STATE GRANT FUNDS, AND
AWARD OF CONSTRUCTION CONTRACT TO BRANCH HIGHWAYS,
INCORPORATED FOR A PROJECT TO CONSTRUCT THE NORTH
TERMINAL APRON
On motion of Mr. King, secc.nded by Mrs. Humphrey, the Board
authorized the County Administrator to accept $l, 970,593 in
federal and $62,229 in statl:! grant funds ¡ awarded a contract
in the amount of $1,677,736 to Branch Highways, Incorporated
for a project to construct: the North Terminal Apron; and
authorized the County Administrator to execut.e all documents.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.5. REQUEST FOR AN ENTERTAINMENT FESTIVAL PERMIT FOR THE
CHESTERFIELD COUNTY AIRPORT FESTIVAL AND AIRSHOW ON
OCTOBER 15 AND 16, 2~
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved a request for an I:ntertainment festival permit for
the Chesterfield County Airport Festival Airshow on October
15 and 16, 2005.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05-742
09/21/05
8. C. 6. STATE ROAD ACCEPTANCE
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the fOllowing resolution:
WHEREAS, the streets
recorded in the Clerk's
Chesterfield County¡ and
described below are shown on plats
Office of the Circuit Court of
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
,,-,....,
TVDe Chanae to the Secondarv Svstem of State Hiahwavs:
Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference:
§33.1-229
Project:
Chester Village Green, Section 1
·
Cheater Village Drive, State Route Number: 5617
From:
0.03 Mi. E of Village Creek Dr., (Rt. 5912)
To:
Village Creek Dr., (Rt. 5912), a distance of: 0.03 miles.
Right-of-way record was filed on 613012003 with the Office Of Clerk To Circuit Court in Db. 5193, Pg. 727,
with a width of 50 feet
· Cheater Village Drive, State Route Number: 5617
From: Village Green Dr., (Rt. 5912)
To: De Lavial St., (Rt. 1503), a distance of: 0.24 miles.
-
Right-of-way record was tiled on 6130/2003 with the Office Of Clerk To Circuit Court in Db. 5193, Pg. 727,
with a width of 50 teet
· Village Creek Drive, State Route Number: 5912
From: Chester Village Dr., (Rt. 5617)
To: Village Garden Dr., (Rt. 5913), a distance of: 0.12 miles.
Right-ot-way record was filed on 10/17/2003 with the Office Of Clerk To Circuit Court in Pb. 138, Pg. 16,
with a width of 54 feet
05-743
09/21/05
-."'--...---,...-
. Village Garden Drive, State Route Number: 5913
From: Village Creek Dr., (Rt 5912)
To: Village Garden Cr., (Rt 5914), a dlstlince of: 0.06 miles.
Right-of-way record was filed on 10/17/2003 with the OfficE! Of Clerk To Circuit Court in Pb. 138. Pg. 16,
with a width of 50 feet
. Village Garden Drive, State Route Number: 5913
From: Village Garden Cr., (Rt 5914)
To: Cul-de-sac, a distance of: 0.10 miles.
Right-of-way record was filed on 10/1712003 with the Offlc,g Of Clerk To Circuit Court in Pb. 138, Pg. 16.
with a width of 50 feet
. Village Garden Circle, State Route Number: 5914
From: Village Garden Dr" (At. 5913)
To: Cul-de-sac, a distance of: 0.07 mlle!!i.
Right-of-way record was filed on 10/1712003 with the Office Of Clerk To Circuit Court in Pb. 138. Pg. 16.
with a width of 50 feet
And, further, the Board adopt:ed the following resolution:
WHEREAS, the street
recorded in the Clerk's
Chesterfield County; and
described below is shown on plats
Office of the Circuit Court of
WHEREAS, the Resident Engineer for
Department of Transportation has advised
street meets the requirement:s established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of ~rransporta.tion 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 Requi!-ement~.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted riqht-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.
Twe Chanae to the Secondary System of State Hlahwavs:
Addltlm!
Basis for Change:
Addition, New subdivision street
Statutory Reference:
§33.1-229
Project:
Chester Village Green, Section 2
.
Chester Village Circle, State Route Number: 5915
From:
0.02 Mi. W of Vmage Creek Dr., (Rt 5912) on Chester Village Dr., (flit 5617)
05-744
09/21/05
To:
0,07 Mi. W of VUlage Creek Dr., (Rt. 5912) on Chester VHlage Dr., (Rt. 5617), a distance of: 0.18 miles.
Right-of-way record was fUed on 10117/2005 with the Office Of Clerk To Circuit Court in Pb. 138, Pg. 20,
with a width of 50 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
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
-
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Tvoe Chance to the Secondary System of State Hichwa~:
Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference:
§33.1·229
Project:
First Branch at Woodland Pond, Section B
·
First Branch Lane, State Route Number: 5442
From:
0.02 Mi. W of Woodbluff Ct., (Rt. 5444)
To:
Brook Point PI., (Rt. 5911), a distance of: 0.17 miles.
Right-of-way record was filed on 9/2012002 with the Office Of Clerk To Circuit Court in Pb. 129, Pg. 21,
with a width of 50 feet
· Brook Point Place, State Route Number: 5811
From: First Branch Ln., (Rt. 5442)
To: Cul-de-sac, a distance of: 0.13 miles.
Right-of-way record was filed on 9/2012002 with the Office Of Clerk To Circuit Court in Pb. 129, Pg. 21,
with a width of 50 feet
· First Branch Lane, State Route Number: 5442
From: Brook Point PI., (Rt. 5911)
To: Cul-de-sac, a distance of: 0.25 miles.
Right-of-way record was filed on 9/20/2002 with the Office Of Clerk To Circuit Court in Pb. 129, Pg. 21,
with a width of 50 feet
05-745
09/21/05
...,....~""""-è""'......~,,,.....,__
And, further" the Board adopted the following resolution:
WHEREAS, the street described below is shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident: Engineer for
Department of Transportation has advised
street meets the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of 'rransportation to add the street
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department' s Subdivision StrE~et Requi~ements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted riçrht-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.
Twe Chanae to the SecondarY SyStem of State Hlahwavs:
AddltL~
Basis for Change:
Addition, New subdivision street
Statutory Reference:
§33.1-229
Project:
Cameron Bay, Section C
.
Cameron Bay Terrace, State Route NUlmber: 5908
From:
Cameron Bay Dr., (Rt. 5633)
To:
Cul-de-sac, a distance of: 0.05 miles.
Right-of-way record was filed on 8/30/2004 with the Offlc43 Of Clerk To Circuit Court In Pb.147, Pg. 23.
with a width of 40 feet
And, further, the Board adopted the following resolution:
WHEREAS, the streets dE~scribed 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 requiremen1:s 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.
05-746
09/21/05
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.
TVDe Chanae to the Secondary System of State Hlahways:
Addition
Basis for Change:
AddlUon, New subdivision street
Statutory Reference:
§33.1-229
Project:
Kingham at the Grove, Section 5
.
Rise Shaft Road, State Route Number: 5816
From:
Railey Hill Dr., (Rt. 5519)
To:
Tipple Point Rd., (Rt. 5917), a distance of: 0.11 miles.
Right-of-way record was filed on 7/812004 with the Office Of Clerk To Circuit Court in Pb. 146, Pg. 2, with
a width of 40 feet
· Tipple Point Road, State Route Number: 5817
From: Rise Shaft Rd., (Rt. 5916)
To: Cul-de-sac, a distance of: 0.04 miles.
-
Right-of-way record was filed on 7/812004 with the Office Of Clerk To Circuit Court in Pb. 146, Pg. 2, with
a width of 40 feet
· Tippie Point Road, State Route Number: 5817
From: Rise Shaft Rd., (Rt. 5916)
To: 0.02 Mi. S of Rise Shaft Rd., (Rt. 5916), a distance of: 0.02 miles.
Right-of-way record was filed on 7/812004 with the Office Of Clerk To Circuit Court in Pb. 146, Pg. 2, with
a width of 40 feet
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.7. AWARD OF CONTRACTS
8.C.7.a. TO MOSELEY ARCHXTECTS FOR THE DESIGN OF THE
ADDITION AND RENOVATIONS TO CHESTERFIELD COUNTY
COURTS BUILDING
-
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
authorized the County Administrator to execute a contract
with Moseley Architects to perform the design of the
Chesterfield County Courts Building in the amount of
$469,900.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05-747
09/21/05
....,...-_,.._--,--~-
8.C.7.b. TO MOSELEY ARCHITECTS FOR THE DESIGN OF THE FIRE
LOGISTICS WAREHOUSE
On motion of Mr. King, seconded by Mrs. Humphrey,
authorized the County Administrator to award
contract to Moseley Architects for the design of
Logistics Warehouse in the aInount of $260,400.
the Board
a design
the Fire
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.7.c. TO LANDMARK DESIGN GROUP FOR THE PROGRAMMING.
DESIGN AND CONSTRUCTION ADMINISTRATION FOR THE
IRVIN G. HORNER PARK MAINTENANCE FACILITY
Mrs. Humphrey inquired whe!ther a sign has been erected
commemorating the name of thE~ park.
Mr. Golden stated a sign will be placed on Geni to Road when
the park is ready to open.
Mrs. Humphrey requested that~ the sign be erected as soon as
possible rather than waiting for the park to open.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
authorized the County Administrator to execute a contract
with LandMark Design Group to perform the programming, design
and construction administration for the Irvin G. Horner Park
Maintenance Facility in the ':imount of $110,881.
Ayes: Barber, King, Humphrey, Miller and Warren>
Nays: None.
8.C.8. REQUESTS TO QUITCLAI~
8.C.8.a. A VARIABLE WIDTH STORM WATER MANAGEMENT SYSTEM/BEST
MANAGEMENT PRACTICE EASEMENT AND A TWENTY-FOOT
STORM WATER MANAGEMENT SYSTEM/BEST MANAGEMENT
PRACTICE ACCESS EASEMENT ACROSS THE PROPERTY OF
THE LAKES ON 360, INCORPORATED
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
variable width storm water management system/best management
practice easement and a 20-foot storm water management
system/best management practice access easement across the
property of The Lakes on 360, Incorporated. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.8.b. A PORTION OF A SIXTEEN-FOOT DRAINAGE EASEMENT
ACROSS THE PROPERTY OF KINGSLAND PARTNERS, L.L.C.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a qui tclaim deed to vacat.e a
portion of .3. 16-foot drainaue easement across the property of
05-748
09/21/05
Kingsland Partners, L. L. C. (It is noted a copy of the plat
is filed with the papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
-
8.C.9. APPROVAL OF WATER CONTRACT FOR KrMLYNN SUBDIVrSrON _
BEACH ROAD
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved the following water contract for Kimlynn Subdivision
- Beach Road, Contract Number 02-0374, which includes 700
L.F. ~ of additional 12-inch water line work:
Developer:
KDK Investment Group, Incorporated
Contractor:
Bookman Construction Company, Incorporated
Contract Amount:
Estimated County Cost for Additional Work. $42,318.00
Estimated Developer Cost. . . . . .$110,420.00
Estimated Total . . . .. ....... $150,220.00
Code: Cash Refund - Additional Work
5B-572WO-E4C
District: Dale
(It is noted a copy of the vicinity sketch is filed with the
papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.l0. REQUEST TO ArD CHRrSTOPHER DALY rN THE ACQUrSITION
OF SEWER AND TEMPORARY CONSTRUCTrON EASEMENTS FOR
THE SUBDIVrSrON OF PROPERTY ON BURROUGHS STREET
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
authorized Right of Way staff to aid Christopher Daly in the
acquisition of sewer and temporary easements for the
subdivision of his property on Burroughs Street, subject to
the developer executing a contract agreeing to pay all costs.
(It is noted a copy of the vicinity sketch is filed with the
papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
-~
8.C.ll. APPROVAL OF THE PURCHASE OF A PARCEL OF LAND FOR THE
EXPANSION OF ETTRICK PARK
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved the purchase of a parcel of land containing 3.1980
acres, more or less, at a cost of $90,900 plus closing costs
estimated to be $4,500, from the Helen Williams Estate¡
transferred $62,000 from the Rockwood Park Improvements
Project; appropriated $33,400 in Park Cash Proffers for the
expansion of Ettrick park¡ and authorized the County
Administrator to execute the sales contract and deed. (It is
05-749
09/21/05
---..-.....-..""""''''' ......
noted a copy of the plat is filed with the papers of this
Board. )
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8 . C . 12 . REQUESTS FOR PERMISSI.,Q!!
8.C.12.a. FROM MCDONALD'S CORPORATION FOR A PROPOSED
CONCRETE DUMPSTER PAD TO ENCROACH WITHIN A
SIXTEEN-FOOT SEWER EASEMENT ACROSS ITS PROPERTY
ON HULL STREET ROAD
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved a request from McDonald's Corporation for permission
for a proposed concrete dumpster pad to encroach within a 16-
foot sewer easement across i1:s property at 10201 Hull Street
Road, 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: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8. C .12 . b. FROM GENUINE PARTS COMPANY TO INSTALL A PRIVATE
SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE
PROPERTY AT TENNESSEE PLAZA
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved a request from Genuine Parts Company for permission
to install a private sewer service within a private easement
to serve property at 12450 Tennessee Plaza, and authorized
the County Administrator to execute the sewer connection
agreement. (It is noted a copy of the plat is filed wit:h the
papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8 . C .12 . c . FROM MR. J. MARK SOWERS TO CONSTRUCT AN EMERGENCY
ACCESS ROAD, RETENTION PIT AND MONITORING WELLS
WITHIN A FIFTY-FOOT UNIMPROVED COUNTY RIGHT OF WAY
KNOWN AS HOTTINGER DRrvE WITHIN LAKE GENITO,
SECTION C, FOR PROPOSED WALNUT GROVE, SECTION 2
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved a request from J. Mark Sowers for permission to
construct an emergency access road, retention pit and
monitoring wells within a 50-foot unimproved county right of
way known as Hottinger Drive within Lake Genito, Section C,
for Proposed Walnut Grove, Section 2, subject to the
execution of a license agreement. (It is noted a copy of the
vicinity sketch is filed with the papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren..
Nays: None.
05-750
09/21/05
8.C.13. ACCEPTANCE OF PARCELS OP LAND
8.C.13.a. ALONG THE EAST RIGHT OP WAY LINE OF OLD GUN ROAD
WEST FROM THE TRUSTEES OP BETHLEHEH BAPTIST CHURCH
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 0.096
acres along the east right of way line of Old Gun Road West
(State Route 673) from the Trustees of Bethlehem Baptist
Church, and authorized the County Administrator to execute
the deed. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.13.b. FOR AN ELEMENTARY SCHOOL SITE IN HARPER'S HILL
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 25
acres, more or less, for an elementary school site in
Harper's Mill from J. Mark Sowers and Deborah K. Sowers, and
authorized the County Administrator to execute the deed. (It
is noted a copy of the plat is filed with the papers of this
Board. )
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8 · C .14. APPROVAL OP A CHANGE ORDER TO A. D. WHITTAKER
CONTRACTING INCORPORATED POR THE ADDITION OP
PROTECTIVE PADDING TO THREE CELLS IN THE NEW JAIL
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
authorized the County Administrator to execute a change order
in the amount of $62,604 to A. D. Whittaker Contracting
Incorporated to install protective padding in three cells in
the new jail.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.15. TRANSFER ROAD CASH PROFFER :FUNDS AND AUTHORIZATION
TO AWARD A CONSTRUCTION CONTRACT FOR THE CENTRALIA
ROAD/LOST POREST DRIVE CURVE RE-PAVING PROJECT
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
transferred $40,000 in Traffic Shed 13 road cash proffer
funds to the Centralia Road/Lost Forest Drive Curve Re-Paving
project¡ authorized the County Administrator to enter into
the necessary county/Virginia Department of Transportation/
consultant/contractor, design, right-of-way acquisition,
environmental permits, and/or construction agreements,
acceptable to the County Attorney, for the project¡ and
authorized the award of a construction contract, up to
$80,000, to the lowest responsible bidder.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05-751
09/21/05
_",.._""",,",,_,_.-a--
8.C.16. SET PUBL~C HEAR~NG DA~ES
8.C.16.a. TO CONSIDER FY2007 ENHANCEMENT PROJECTS
On motion of
set the date
hearing for
Projects.
Mr. King, seconded by Mrs. Humphrey, the Board
of October 12, 2005 at 7:00 p.m. for a public
the Board to consider FY2007 Enhancement
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.16.b. TO CONSIDER THE APPROPRIAT~ON OF FUNDS FOR THE
ROUTE 360 (SWIFT CREEK TO WXNTERPOCK ROAD)
WIDEN~NG PROJECT
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
set the date of October 12, 2005 at 7:00 p.m. for a public
hearing for the Board to consider the appropriation of an
additional $10 million in anticipated Virginia Department of
Transportation reimbursements for the Route 360 (Swift Creek
to Winterpock Road) Widening Project.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8 . C .16. c . TO CONS~DER AMEND~NG THE INTRODUCT~ON TO THE PLAN
FOR CHESTERF~ELD TO ~NCLUDE LANGUAGE REGARDING
AFFORDABLE HOUS~NG
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
set the date of October 12, 2005 at 7:00 p.m. for a public
hearing for the Board to consider amending the Introduction
to the Plan for ChesterfieÜd, the county's comprehensive
plan, to include language reçrarding affordable housing.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.16.d. TO CONSIDER APPROPRIATION OF FUNDS FROM THE STATE
COMPENSATION BOARD TECHNOLOGY TRUST FUND DUE TO AN
ADMIN~STRATIVE CHANGE
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
set the date of October 12, 2005 at 7:00 p.m. for a public
hearing for the Board to consider appropriation of funds from
the State Compensation Board for the Clerk of the circuit
Court due to an administrative change.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.17. APPROVAL OF FY2007 PRIORITY LIST OF PR~MARY AND
INTERSTATE NEEDS
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved the recommended FY2007 priority list of highway
projects and letter regarding Chesterfield's primary and
05-752
09/21/05
interstate road needs and directed staff to forward this
information to the county's Congressional and State
Legislative Delegations and the Commonwealth Transportation
Board. (It is noted a copy of the priority list of highway
projects is filed with the papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8. C .18 · REQUEST FOR A PERMIT TO STAGE A PYROTECHNICS DISPLAY
AT THE CHESTERFIELD COUNTY AIRPORT ON OCTOBER 15 AND
16, 2005
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved a request for a permit to stage a pyrotechnics
display at the Chesterfield County Airport on October 15 and
16, 2005.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8 · C .19 . APPROVAL OF MUTUAL AID AGREEMENT FOR EMERGENCY AND
FIREFIGHTING SERVICES WITH DINWIDDIE COUNTY
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
authorized the County Administrator to enter into a mutual
aid agreement for emergency and firefighting services with
Dinwiddie County.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.20. TRANSFER/DONATION OF DISTRICT IMPROVEMENT FUNDS
8.C.20.a. FROM THE MATOACA DISTRICT IMPROVEMEN'l' PUND TO THE
PARKS AND RECREATION DEPARTMENT TO PURCHASE AND
INSTALL CHAIN LINK FENCING AROUND THE MATOACA PARK
FOOTBALL FIELD
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
transferred $5,000 from the Matoaca District Improvement Fund
to the Parks and Recreation Department to purchase and
install chain link fencing around the Matoaca football field.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.20.b. FROM THE BERMUDA, DALE, CLOVER HILL, MATOACA AND
MIDLOTHIAN DISTRICT IMPROVEMENT FUNDS TO THE
AMERICAN RED CROSS FOR HURRICANE KATRINA RELIEF
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
donated $1,600 each from the Bermuda, Dale, Clover Hill,
Matoaca and Midlothian District Improvement Funds (total of
$8,000) to the American Red Cross for Hurricane Katrina
relief.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05-753
09/21/05
-..-...--"""
9.
HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLA~
o
DR. MI1ΠHARTON WILL ADDRESS THE BOARD ON BEHALF OF THE
TASK FORCE FOR RESPONSIBLE GROWTH RELATIVE TO THE
PLACEMENT OF THE NEW MIDDL:e: SCHOOL
Dr. Mike Harton, Vice President of the Task Force for
Responsible Growth, clarified remarks relative to the
position of the task force on recent discussions regarding
placement of the middle school. He stated the task force has
emphasized three points from its beginning maximum
flexibility for the School Board in selection of school
locations; requesting that the Board of Supervisors and
Planning Commission use data from the Public Facilities Plan
to work with the School Board in determining the best
locations; and requesting that the Board consider changing
the Plan to include only one location rather than trÑO in
order to avoid confusion and. the possibility of pitting one
community against another in selecting the sites. He further
stated, when the Executive Director of the Task Force, Ms.
Marleen Durfee was asked about the possibility of locat:ing a
school somewhere between two dots on a map at a Board meeting
in April 2004, she agreed that it could be somewhere
generally between those two dots depending upon the data. He
stated at that time, Ms. Durfee was reluctant to talk with
the task force about a specific site because data was still
being gathered. He further st.ated, after gathering
additional data, the task force urged the School Board at a
September 2004 meeting to follow the language of the ?ublic
Facilities Plan and not eliminate the western location. He
stated the task force continued to gather data and
recommended in February 2005 that the School Board follow the
language of the Plan because it was clear that the area of
greatest need was relief for Bailey Bridge and Swift Creek
Middle Schools. He furttler stated the task force will
continue to strive with the Board of Supervisors to be good
stewards of all of the county's resources.
Mr. King excused himself from the meeting.
10. REPORTS
10.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
10.B. REPORT ON THE STATUS OF GENERAL FUND BALANCE, RESERVE
FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT
FUNDS AND LEASE PURCHASES
10. C. ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM
10.D. REPORT OF PLANNI:NG COMMI:SSI:ON SUBSTANTI:AL ACCORD
DETERMINATION ON VEPCO/EXIT 58 (VA31457-D) - ROUTE
I-95 AND INDI:AN HILL~J DRIVE, COMMUNICATIONS TOWER
(CASE 05PD0410)
--
On motion of Mr. Barber, seconded by Mr. Miller, the Board
accepted the following reports: a Report on Developer Water
and Sewer Contracts¡ a Report on the Status of General Fund
Balance, Reserve for Fut.ure Capital Proj ects, District
Improvement Funds and Leas,e Purchases; and a Report of the
05-754
09/21/05
Planning Commission's Substantial Accord Determination on
VEPCO/Exit 58 (VA31457-D) Route I-95 and Indian Hills
Drive, Communications Tower (Case 05PD0410).
And, further, the following roads were accepted into the
State Secondary System:
Addition Length
Littlebury, Section 2
(effective 8/5/2005)
Cadbury Court (Route 5889) - From Littlebury
Drive (Route 5752) to Cul-de-sac
0.04 Mi.
Littlebury Drive (Route 5752) - From Cadbury
Court (Route 5889) to Cul-de-sac
0.08 Mi.
Littlebury Drive (Route 5752) - From 0.02 mile
east of Quixton Lane (Route 5755) to Cadbury
Court (Route 5889)
0.06 Mi.
Longmeadow Circle (Route 5131) - From Quixton
Lane (Route 5755) to 0.01 mile northeast of
Quixton Lane (Route 5755)
0.01 Mi.
Longmeadow Circle (Route 5131) - From 0.01
mile north of Littlebury Drive (Route 5752)
to Quixton Lane (Route 5755)
0.15 Mi.
Quixton Lane (Route 5755) - From Longmeadow
Circle (Route 5131) to 0.12 mile south of
Longmeadow Circle (Route 5131)
0.12 Mi.
Providence, Section 1
(effective 8/5/2005)
Providence Knoll Drive (Route 5882) - From
Providence Ridge Road (Route 5880) to 0.18
mile northeast of Providence Ridge Road
(Route 5880)
0.18 Mi.
Providence Knoll Drive (Route 5882) - From
Providence Ridge Road (Route 5880) to 0.28
mile north of Providence Ridge Road (Route
5880)
0.28 Mi.
Providence Ridge Court (Route 5881) - From
Providence Ridge Road (Route 5880) to
Cul-de-sac
0.14 Mi.
.--.
Providence Ridge Road (Route 5880) - From
Reams Road (Route 647) to Providence Ridge
Court (Route 5881)
0.06 Mi.
Providence Ridge Road (Route 5880) - From
Providence Ridge Court (Route 5881) to
Providence Knoll Drive (Route 5882)
0.04 Mi.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
Absent: King.
05-755
09/21/05
11. DINNER
On motion of Mr. Miller, seconded by Mr. Barber,
recessed to the Administration Building, Room
dinner.
the Board
502, for
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
Reconvening:
12. INVOCATION
Dr. Roy Foots, Pastor of New Direction Ministries, gave the
invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Deputy County Administrator Brad Hammer led the Pledge of
Allegiance to the flag of the united States of America.
14. RESOLUTIONS AND SPECIAL RECOGNITI~
o RECOGNIZING MR. G. B. SPENCER FOR HIS OUTSTANDIN~
CONTRIBUTIONS TO THE CHESTERFIELD COUNTY FAIR
Mr. Hammer introduced Mr. G. B. Spencer who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, for 92 years, the Chesterfield County Fair has
been a much-anticipated annual event that has attracted
visitors from throughout the Metropolitan Richmond region and
beyond; and
WHEREAS, the 2004 Chesterfield County Fair attracted
37,000 visitors¡ and
WHEREAS, the fair is a
entertainment and education
County's rural heritage; and
showplace of arts" crafts,
that celebrates Chesterfield
WHEREAS, planning and conductin9 the county fair
major endeavor requiring a wide range of personal
professional skills; and
is a
and
WHEREAS, for the past three years, Mr. G. B. Spencer has
served as Fair Manager, bringing his exemplary wc>rk ethic /
leadership skills and dedication to t.his demandinq- position;
and
WHEREAS, Mr. Spencer began his association with the fair
in the 19608, and began serving on its Board of Directors in
the 1970s; and
WHEREAS, through his efforts as ManagE~r of the county
fair, Mr. Spencer has strengthened the fair's reputation as a
wonderful family event; and
05-756
09/21/05
WHEREAS, Mr. Spencer has coordina ted wi th many
Chesterfield County departments, a wide range of individuals,
agencies and organizations to ensure a smoothly-operating,
interesting and successful county fair¡ and
WHEREAS, Mr.
situation and
attractions¡ and
Spencer has improved the fair's financial
instituted numerous new exhibits and
WHEREAS, Mr. Spencer's commitment to the fair, and to
his community, have made Chesterfield County a better place¡
and
WHEREAS, Mr. Spencer receives no pay for this year-round
challenge that takes a great deal of his personal time¡ and
WHEREAS, Mr. Spencer's noteworthy spirit of volunteerism
and his exceptional performance of duty as Manager of the
Chesterfield County Fair are worthy of public recognition.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 21st day of September 2005,
publicly recognizes Mr. G. B. Spencer's long professional
association with the Chesterfield County Fair, and his
service as Manager for the past three years, and on behalf of
all Chesterfield County residents, thanks him for the
generous donation of his time and many talents to this
important annual event, and wishes him continued success in
this and all of his endeavors.
-
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
Mr. King presented the executed resolution to Mr. Spencer and
expressed appreciation for his extraordinary contributions to
the County Fair.
Mr. Miller expressed appreciation to Mr. Spencer for his
commitment to the County Fair.
Mr. Spencer thanked the Board and Mr. Ramsey for their
support of the fair. He recognized volunteers of the County
Fair who were present at the meeting and thanked them for
their support.
-
15. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER. - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTION 17
05SN0290
In Bermuda Magisterial District, BROADWATER ASSOCIATES, L.P.
requests Conditional Use Planned Development and amendment of
zoning district map to permit office use in a Residential
Townhouse (R-TH) District. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
05-757
09/21/05
appropriate for neighborhood mixed use center. This request
lies on 9.1 acres fronting on the east line of Harrowgate
Road at Broadwater Road and located within the Broadwater
Townhomes Development. Tax ID 795··-638-1293 (Sheet 34).
Mr. Turner stated the applicant has withdra~m Case 05SN0290
from consideration.
No one came forward to speak to the applicant's withdrawal
request 0
.-"
On motion of Mr. King, seconded by Mr. Miller, the Board
acknowledged withdrawal of Case 05SN0290.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05SR0171 (Amended)
In Matoaca Magisterial District, TIMOTHY J 0 HAULER requests
renewal of Conditional Use (Case 03AN0226) for a bed and
breakfast and a special events business operated incidental
to a dwelling unit on 14.5 acres, plus Conditional Use to
operate a special events business and have alcohol sales on
an adjacent 1.6 acre parcel and amendment of zoning district
map. The density of such amendment will be controlled by
zoning conditions or Ordinance standards. 'I'he Comprehensive
Plan suggests the property is appropriate for residential use
on 1-5 acre lots; suited to R-88 zoning. This request lies
in an Agricultural (A) District on 16.1 acres fronting
approximately 550 feet on the north line of Woodpecker Road
and approximately 650 feet on the west line of John Winston
Jones Parkway and located in the northwest quadrant of the
intersection of these roads. Tax IDs 781-626·-8240 and 782-
627-part of 1927 (Sheet 41).
-
Mr. Turner stated the applicant has requE!sted a deferral
until November 22, 2005.
Mr. Miller stated he has business pending in the Chesterfield
Circuit Court, declared a conflict of interest under the
Virginia Conflict of Interest Act regarding this request, and
excused himself from the meeting.
Mr. Richard Hairfield, represent.ing the applicant, stated
Judge Hauler could not be present because of a health
situation. He requested a deferral until November 22, 2005,
indicating that this would allow time for Judge Hauler to
recover from his health issues, as well as for the hearing of
an appeal of a decision by the Planning Director that is
pending before the Board of Zoning Appeals.
Mr. Barber called for public comment regarding the deferral
requE:!st. -'
Ms. Jßrenda Stewart expressed concerns that the applicant has
been operating a business on an expired permit for nearly six
months, using land not zoned for the business and serving
alcohol without first obtaining the required conditional use
permi t. She noted that State Code requires that the appeal
of él decision made by the zoning administrator be filed
within 30 days from the date of the decision being appealed
05-758
09/21/05
-
and also requires the appellant to specify the grounds on
which the petitioner is aggrieved. She stated both the
special exception and variance application forms require the
applicant to explain fully the reason for the request and
states that incomplete applications will not be accepted.
She further stated the applicant filed the appeal form on
August 1, 2005 of a decision that was made by the Planning
Director on July 8, 2005, but gave no reason for the appeal.
She stated she was advised by the Director of Planning by e-
mail on September 9, 2005 that the County Attorney has
determined that the appeal application is incomplete and will
need to include specific information describing the nature
and basis of the appeal. She inquired why the Board would
defer the request for an additional two months to get the
resul ts of an appeal that was not complete and thus not
timely filed. She stated the applicant also filed an
amendment to the zoning case on the same day as the appeal.
She expressed concerns that Case 05SR0171 was initiated as a
renewal of the original case covering 6100 Woodpecker Road
and that the Planning Department allowed an amendment of the
renewal request on August 1, 2005 to add property at 6200
Woodpecker Road after the hearing of the case by the Planning
Commission and following initial presentation of the renewal
case to the Board of Supervisors. She stated it appears a
separate case should have been opened and forwarded to the
Planning Commission for review and consideration of the
enlargement of the business. She expressed concerns that the
amended application was incomplete because a survey map was
not included as requested and inquired why the incomplete
application was accepted to be acted upon by the Board of
Supervisors when it had not first been considered by the
Planning Commission. She stated the applicant recorded a new
survey of the originally zoned property at 6100 Woodpecker
Road on July 22, 2002 following the April 2002 approval of
the business, modifying the parcel lines of the property with
the resul t that 6100 Woodpecker Road became more than 500
linear feet from the Matoaca High School property. She
further stated the applicant was advised in a letter dated
October 3, 2002 that use of the property at 6200 Woodpecker
Road required additional approval from the Board of
Supervisors. She requested that the portion of Case 05SR0171
pertaining to enlargement of the business by adding property
at 6200 Woodpecker Road be severed from this case and
forwarded to the Planning Commission to get it in the proper
channels before further deferring Case 05SR0171. She
expressed concerns relative to Planning staff permitting the
amending of a renewal case already before the Board of
Supervisors to add a request for a condi tional use permit
when it has not been heard by the Planning Commission. She
stated she believes the proper process requires filing of a
separate application for the conditional use permit related
to serving alcohol wi thin 500 feet of a public school and
that it be severed from this request before further deferring
Case 05SR0171, indicating that it would not be appropriate to
defer the request for two months on the basis of an
incomplete and invalid appeal application.
Ms. Andrea Epps stated she believes the applicant should be
given the benefit of the doubt because of his medical
condition.
05-759
09/21/05
Mr. Hairfield stated he is requesting a dE!ferral strictly
because Judge Hauler's health issues prevented him from being
present to be involved in the process..
There being no one else to speak to the deferral, the public
hearing was closed.
In response to Mrs. Humphrey's question, Mr. Turner stated
Judge Hauler had amended his application and the Planning
Commission has not acted upon the amended application. He
further stated if the applicant proceeds with the amended
request, it must at some point be remanded to the Planning
Commission.
Mrs. Humphrey stated several
Commission have indicated they
opportunity to review the current
stated the issue of where alcohol
is important to the public.
members of the Planning
would like to have the
application. She further
is served on the property
Mr. Turner stated staff does not yet know whether the
additional property needs to be included in the conditional
use request until the Board of zoning Appeals has acted upon
the appeal of a Planning Director's decision regarding the
use of the property.
Mrs. Humphrey stated she does not act based upon decisions of
the Board of Zoning Appeals, but on what is presented to the
Board from the Planning Commission's proceedings. She
further stated the Planning Commission has not acted upon the
amended application.
In response to Mrs. Humphrey's (~estion, Mr. Micas stated the
Board must first deny the deferral and then reopen the public
hearing before remanding the request to the Planning
Commission.
Discussion ensued relative to the application to ,:l.mend the
request to increase the amount of property involved and the
appeal that is currently pending before the Board of zoning
Appeals.
Mrs. Humphrey made a motion, seconded by Mr. King, for the
Board to deny the deferral of Case 05SR0171.
Mr. Warren stated he supports the motion, indicating that he
would like to get a response from the County Attorney and the
Planning Director to the issues raised by Ms. Stewart.
Mr. Barber called for a vote on the motion of Mrs. Humphrey,
seconded by Mr. King, for the Board to deny the d€!ferral of
Case 05SR0171.
Ayes: Barber, King, Humphrey and Warren.
Nays: None.
Absent: Miller.
-"
Mr. Barber reopened the public hearing to consider Case
05SR0171.
Mr. Hairfield stated the applicant will yiE!ld to any motion
that Mrs. Humphrey makes.
05-760
09/21/05
Ms. Brenda Stewart stated she supports remanding the case to
the Planning Commission.
Ms. Andrea Epps stated she believes the applicant should be
allowed to continue his operations.
Ms. Marleen Durfee stated she is very concerned about the
seriousness of serving alcohol in proximity to schools. She
further stated she appreciates the Board taking additional
time to look at the case in its entirety.
Mr. Hairfield stated he believes remanding the request to the
Planning Commission would be appropriate.
Discussion ensued relative to the complexity and logistical
challenges of the case because of its proximity to Matoaca
High School.
Mrs. Humphrey stated she believes the best course of action
is to remand the request to the Planning Commission.
Mr. Turner stated the county's policy is to allow the
applicant to continue business operations while the request
is pending.
Mr. Warren requested that staff prepare a summary of
decisions that have been made relative to serving alcohol in
proximity to schools, churches and other facilities.
Mrs. Humphrey made a motion, seconded by Mr. King, for the
Board to remand Case 05SR0171 to the Planning Commission.
Ayes: Barber, King, Humphrey and Warren.
Nays: None.
Absent: Miller.
Mr. Miller returned to the meeting.
Mrs. Humphrey excused herself from the meeting.
05SN0206
In Bermuda Magisterial District, DR. TAYLOR LYNE AND DR.
GEORGEANNA M. LYNE request rezoning and amendment of zoning
district map from Agricultural (A) and Corporate Office (0-2)
to Community Business (C-3) with Conditional Use to allow
outside runs. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
community mixed use. This request lies on 7.3 acres fronting
approximately 550 feet on the north line of Iron Bridge Road,
also fronting approximately 500 feet on the west line of
Chalkley Road and located in the northwest quadrant of the
intersection of these roads. Tax IDs 778-653-8082 and 779-
653-1379 (Sheet 26) .
Mr. Turner stated the applicant has requested a deferral
until October 26, 2005.
Mr. Barber called for public comment.
05-761
09/21/05
No one came forward to speak to the deferral.
On motion of Mr. King, seconded by Mr. Warren, the Board
deferred Case 05SN0206 until October 26, 2005.
Ayes: Barber, King, Miller and Warren.
Nays: None.
Absent: Humphrey.
05SN0265
In Midlothian Magisterial District, J. P. ALLISON LLC
requests amendment of Conditional Use Planned Development
(Case 88SN0257) and amendment of zoning district map relative
to setbacks for child care center uses. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for office use. This request lies in
a Corporate Office (0-2) District on 2.6 acres located at the
northwest quadrant of the intersection of North Providence
and Buford Roads. Tax ID 759-707-Part of 4222 (Sheet 7) .
Mr. Turner presented a summary of Case 05SN0265 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions,
Mr. Andy Scherzer, representing the applicant, st:ated the
recommendation is acceptable.
Mr. Barber called for public comment.
No one came forward to speak to the request.
On motion of Mr. Barber, seconded by Mr. Mi ller, the Board
approved Case 05SN0265 and acc1epted the following proffered
conditions:
1. All uses located within 200 feet of the northern
boundary shall be limited to those uses permitted in the
Office Business (0) District and child care centers.
Uses permitted on the remaining portion of the property
shall be limited to the following:
a. All uses permit.ted in the Office Business (0)
District.
b. Art school, gallery, or museums.
c. Banks and savings and loan associations provided
such uses are confined to the sout.hwestern portion
of the property between the Providence Road access
and Twinridge Lane.
d. Barber shop.
e. Beauty shop.
f . Brokerage.
g. Medical clinics provided such uses are not designed
to accommodate ambulance traffic.
h. Messenger or telegraph service.
i. Nursery schools, child or adult day care centers,
and kindergartens.
j. Optometrists sales and services provided that the
sales and servicing of eyewear is done by an
optometrist as an accessory use in conjunction with
a medical practice; and not more than fifteen (15)
05-762
09/21/05
percent of the gross floor area is devoted to such
sales and services.
k. Rest, nursing, and convalescent homes.
l. Travel arranging and transportation ticket
services.
m. Communication studios and stations (not towers).
n. Laboratories - medical and dental.
o. Office/warehouses provided there are no raised
loading docks or tractor trailer traffic no more
than thirty (30) percent of any office/warehouse
space shall be used for retail sales as an
accessory use. (P)
(Staff Note: This proffered condition supersedes
Condition 4 of Case 88SN0257 for the request property.
Except for Condi tion 4, all other condi tions of Case
88SN0257 shall remain in effect.)
2. A combination of grading, plantings, and a solid board
fence shall be provided adjacent to Tax ID 759-707-0504
(containing eighty three (83) office condominium units,
commonly known as Twin Ridge Office Condos) so as to
screen the view of any children's play areas from this
adjacent parcel as well as to minimize the noise impact
of these play areas upon this adjacent parcel. The
exact screening and noise abatement treatment, to
include grading, plant size and species and fence
materials and height, shall be reviewed and approved by
the Planning Department at time of site plan approval.
(P)
Ayes: Barber, King, Miller and Warren.
Nays: None.
Absent: Humphrey.
Mrs. Humphrey returned to the meeting.
05SN0287
In Clover Hill Magisterial District, BARBARA F. GARRIS
requests Conditional Use and amendment of zoning district map
to permit a family day care home in a Residential (R-12)
District. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
medium density residential use of 1.51 to 4.0 units per acre.
This request lies on 0.3 acre and is known as 2604 Cropper
Circle. Tax ID 758-694-1651 (Sheet 11).
-
Mr. Turner presented a summary of Case 05SN0287 and stated
the Planning Commission and staff recommend approval subject
to conditions.
Ms. Barbara Garris, representing the applicant, stated the
recommendation is acceptable.
Mr. Barber called for public comment.
No one came forward to speak to the request.
05-763
09/21/05
Mr. Warren made a motion, seconded by Mr. Barber, for the
Board to approve Case 05SN02:87.
In response to Mr. Miller's question, Mr. Turner stated there
is no time limitation on the conditional use, but it is
limited to the applicant.
Mr. Barber called for a vote on the motion of Mr. Warren,
seconded by Mr. Barber, for the Board to approve Case
05SN0287, subject to the following conditions::
1. This Conditional Use shall be granted to and for Barbara
F. Garris, exclusively, and shall not be transferable
nor run with the land. (P)
2. There shall be no exterior additions or alterations to
the existing structure to accommodate this use. (P)
3. There shall be no signs permitted to identify 1:his use.
(P)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05SN02ge
In Bermuda Magisterial District, LINDA GURR 1~ RANDY JACKSON
request rezoning and amendment of zoning district map from
Residential (R-7) to Neighborhood Office (0-1). The density
of such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggest.s the
property is appropriate for mixed use: neighborhood office
and single family residential use. This request lies on 0.3
acre and is known as 3635 West Hundred Road. Tax ID '792-656-
1520 (Sheet 26).
Mr. Turner presented a summary of Case 05SN0298 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions,
Ms. Valerie Gurr, representing the applicant.s, stated the
recommendation is acceptable.
Mr. Barber called for public comment.
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mr. Miller, the Board
approved Case 05SN0298 and accepted the following proffered
conditions:
1. Prior to any site plan approval, forty-five (45) feet of
the right-of-way on the south side of Route 10. measured
from the centerline of that part of Route 10 (5 feet
from existing line) immediately adjacent to the
property, shall be dedicated, free and unrestricted, to
and for the benefit of Chesterfield County. (T)
2. Direct access from the property to Route 10 shall be
limited to one (1) entrance/exit. The exact location of
this entrance/exit shall be approved by the
Transportation Department. Prior to any site plan
05-,764
09/21/05
approval, an access easement acceptable to the
Transportation Department shall be recorded across the
property. (T)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05SN0302
In Midlothian Magisterial District, ALLEN M. TWEDT requests
amendment to Conditional Use Planned Development (Case
82SN0016) and amendment of zoning district map relative to
signage. The density of such amendment will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for village
shopping district use. This request lies in a Neighborhood
Business (C-2) District on 0.8 acre fronting approximately
160 feet on the south line of Midlothian Turnpike
approximately 250 feet east of Coalfield Road. Tax ID 729-
707-2778 (Sheet 5).
Mr. Turner presented a summary of Case 05SN0302 and stated
the Planning Commission and staff recommended approval.
Mr. Henry Moore, representing the applicant, stated the
recommendation is acceptable.
Mr. Barber called for public comment.
No one came forward to speak to the request.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
approved Case 05SN0302.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05SN0323
-
In Bermuda Magisterial District, CMA PROPERTIES, INC. AND
CARTER MYERS, III request Conditional Use Planned Development
and amendment of zoning district map to allow a second
freestanding sign. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
general commercial use. This request lies in a General
Business (C-5) District on 4.9 acres fronting approximately
760 feet on the east line of Interstate 95 approximately 500
feet south of Ruffin Mill Road. Tax ID 804-637-Part of 4161
(Sheet 35).
Mr. Turner presented a summary of Case 05SN0323 and stated
staff recommended denial because the current sign standards
of the ordinance provide adequate identification for uses on
the property and approval of the request could encourage
other businesses to seek similar exceptions. He further
stated the Planning Commission recommended approval and
acceptance of one proffered condition.
05-765
09/21/05
Mr. Carter Myers, representing the applicant,
applicant has proffered to limit the height and
sign and requested the Board's support.
stated the
size of the
Mr. Barber called for public comment.
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mr. Warren, the Board
approved Case 05SN0323 and accepted the following proffered
condition:
..........,
A second freestanding sign identifying a motor vehicle sales
business shall be permitted along 1-95. Such sign shall not
exceed 100 square feet in area and thirty (30) feet in
height. (P)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05SROl15
In Matoaca Magisterial District, FREDERICK YAKELEWICZ AND
MARIANNE YAKELEWICZ request renewal of Conditional Use (Case
02SN0246) and amendment of zoning district map to permit a
mobile auto repair and service business. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for 1-5 acre lots suited tCl R-88
zoning use. This request lies in an Agricultural (A)
District on 4.5 acres fronting approximately 495 feet on the
north line of Lakeview Avenue, approximately 700 feet east of ....-I
Branders Bridge Road. Tax ID 794-623-Part of 5456 (Sheet
41) .
Ms. Beverly Rogers presented a summary of Case 05SR0115 and
stated the request was deferred from the August 24, 2005
meeting to allow the applicants an opportunity to take the
steps necessary to bring the site into compliance with zoning
and building codes. She further stated the applicants have
filed an approvable site plan provided the Boa.rd grants
reduced setbacks and buffers from those recommended by the
Planning Commission and that the Planning Commission grants a
development standards waiver to allow a gravel parking area.
She stated the applicants have filed for a development
standards waiver; however, the Commission cannot act upon
that request unless the Board grants the pending renewal of
the conditional use. She further stated the applicants have
worked with the Building Official's office to inspect the
property, develop a list of visible deficiencies and to
submit plans and the necessary applications for building
permits to allow work to be performed on the site to correct
those deficiencies. She stated the building permit cannot be
approved until the Board makes a decision on the ---"
appropriateness of the conditional use. She further stated,
at the August 24th meeting, the applicants requested numerous
changes to the conditions that were recommended by the
Planning Commission, and since that time h.ave narrowed the
request to two modifications from what was recommended by the
Plan]1ing Commission 1) increase the time limit on the
conditional use from two to five years; and 2) reduce the
bufflers on the eastern boundary from 85 feet to 75 feet, the
05-766
09/21/05
,',
-
western boundary from 100 feet to 50 feet, and to reduce the
setbacks from Lakeview Road from 130 feet to 100 feet. She
stated staff recommends denial because the use does not
conform to the Southern and Western Area Plan. She stated
the Planning Commission recommended approval, noting that the
conditions address the impacts on the area and that staff has
the ability to take the necessary enforcement actions to
bring the site into compliance with the various codes.
Mr. Frederick Yakelewicz stated he has been working hard with
staff and feels progress has been made.
Mrs. Humphrey stated she is comfortable with the buffer and
setback reductions, but she cannot support renewal of the
condi tional use for fi ve years. She expressed concerns
relative to the building code violations, stating that she
had hoped to see some physical evidence that corrections were
being made.
Mr. Yakelewicz stated numerous inspectors have come to his
site, and the building permits have been paid for. He
further stated it has been confusing with Building Inspection
informing him he cannot perform work until the plans are
approved, yet the Board of Supervisors is telling him he
needs to perform the work. He stated materials have been
purchased and the work has begun.
Mr. Dupler stated Mr. Yakelewicz has submitted a set of plans
that Building Inspection is ready to approve, but the permits
cannot be issued until the Board takes action on the
conditional use application.
In response to Mrs. Humphrey's question, Mr. Micas stated if
the Board approves the renewal of the conditional use and the
applicant does not correct the building code violations,
staff would enforce the code and Mr. Yakelewicz would be
prevented from using the building.
Mr. Dupler stated staff would issue a notice of violation and
provide a timeframe for compliance. He further stated if Mr.
Yakelewicz did not correct the violations, then staff would
issue a summons for Mr. Yakelewicz to appear in court.
Mr. Miller expressed concerns that staff has made numerous
efforts since 2002 to assist the applicants in bringing the
site into compliance with zoning and building code
requirements. He also expressed concerns that Building
Inspection has identified 21 separate violations and not
identified any specific corrections the applicants have made
as a result of visits from Building Inspection staff.
-
In response to Mr. Barber's question,
believes the Building Code violations
within 30 to 60 days.
Mr. Dupler stated he
could be corrected
Mr. Barber inquired about the possibility of granting the
conditional use permit for a short period of time, such as 60
days.
Mr. Micas stated the applicant would have to pay another
application fee, and he would not recommend granting the
permit for less than one year. He further stated land use
05-767
09/21/05
decisions should not be used as mechanisms to enforce code
violations.
Mr. Barber stated, given the history of the case, he has very
little confidence that the applicants will respect the zoning
or building codes.
Mr. Barber then called for public comment.
Ms. Carolyn Temple, accompanied by Mr. Everett TemplE~, stated
she does not support the conditional use for a five-year
period.
Mr. Everett Temple expressed concerns that Mr. Yakelewicz was
given 30 days to correct the code violations, yet still has
not done so. He also expressed conc:erns that the applicants
have done things on the site without the proper permits.
No one else came forward to speak to the request.
Mr. Yakelewicz stated he has been operating his business for
13 years and moved to this location in August 2003. He
provided details of situations that have evolved since moving
to the location, including destruction of his building by
Hurricane Isabel and subsequent miscommunicat.ions with staff.
He stated the Planning Commission has recommended approval of
the request, and he does not see a problem with bringing the
si te into compliance wi thin 60 days. He further stated he
has not misled the Board in any way and is doing the best he
can to move forward.
Mr. Barber stated Planning Commissioners have indicated to
him that they consciously placed as many conditions as
possible on the request to make it. as acceptable as possible,
and he could not imagine approving this condi tional use
without the conditions suggested by the Planning Commission.
He further stated he sees a conditional use as a contract
wi th the communi ty and expressed concerns tha t hE~ has not
seen adherence by the applicant for quite some time. He
stated he does not have great faith that the applicants will
follow through with addressing violations. He further stated
he would support the conditional use permit for six months,
but is not sure whether one year is appropriate. He stated
the Board does the conditional use process a disservice by
allowing it to be undermined for such a long time.
Mr. King stated he has had reservations about this request,
particularly with the applicants' non-adherence to the
county's requests. He further stated he would not support a
conditional use permit for more than one year.
Mrs. Humphrey stated she wants Mr. Yakelewicz to succeed, but
the neighbors' concerns are valid.
Mrs. Humphrey made a motion for the Board to approve Case -
05SR0115, as amended, subj ect to conditions I through 7, 9
through 11 and 13 as recommended by the Planning Commission;
amend condition 8 to allow the use for one year; and accept
the applicants' proffered condition 2 and not accept the
Planning Commission's condition 12..
Ms. Rogers stated it is her understanding, since the motion
includes only one of the applicants' prof:Eered conditions,
05-768
09/21/05
the applicants would have to agree to that in order for it to
stand.
Mr. King seconded Mrs. Humphrey's motion.
Mr. King stated if the applicant is not in full compliance in
one year, he will not support an additional renewal.
Mr. Miller expressed concerns that the applicants have been
in violation of zoning conditions since 2002, noting that the
land use plan does not support this use. He stated he has
seen no progress towards correcting building code violations,
and he believes the process itself has been abused. He
further stated he will not support the motion.
Mr. Warren stated it bothers him that the Board would send a
message to staff to enforce the law and be consistent, yet
approve a request when nothing has been done to correct the
violations that clearly exist.
In response to Mr. Barber's question, Mr. Micas stated a 60-
day deferral would not improve the situation because an
appropriate land use determination is necessary before many
of the technical deficiencies can be addressed.
Mrs. Humphrey stated there does not appear to be enough
support for her motion to approve the request.
Mrs. Humphrey then withdrew her motion.
-
Mr. King accepted the withdrawal.
Mrs. Humphrey then made a motion, seconded by Mr. King, for
the Board to deny Case 05SR0115.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
Mrs. Humphrey excused herself from the meeting.
04SN0286
-
In Clover Hill Magisterial District, MTV DEVELOPMENT COMPANY,
LLC requests rezoning and amendment of zoning district map
from Agricultural (A) to Residential (R-12). Residential use
of up to 3.63 uni ts per acre is permi t ted in a Residential
(R-12) District. The Comprehensive Plan suggests the
property is appropriate for medium density residential use of
1.51 to 4.0 units per acre. This request lies on 8.1 acres
fronting approximately 670 feet on the south line of Reams
Road across from Heppel Road, also fronting approximately 185
feet on the east line of Adkins Road approximately 400 feet
south of Reams Road. Tax ID 750-701-2244 (Sheet 6).
Ms. Jane Peterson presented a summary of Case 04SN0286 and
stated staff recommended approval subject to the applicant
adequately addressing the impact of the proposed development
on school, fire, park and library facilities, consistent with
the Board's policy. She further stated the full cash proffer
amount has been allocated to road improvements only. She
noted the proposed zoning and land uses conform to the
05-769
09/21/05
Northern Area Plan. She further stated the Planning
Commission, on a vote of three to two I recommended approval
and acceptance of the proffered conditions, indicating that
the zoning complies with the Plan and that, while the impact
on all capit.al facilities haš-ñOt been addressed, the road
needs in the area are a priority.
Mr. Richard Minter, representing the applicant, stated the
Clover Hill District Planning Commissioner requested that the
cash proffer be directed towards transportation improvements
in the area. He further stated the applicant has also agreed
to provide addi tional f:unding for road improvements,
supplementing the cash proffer. He stated there has been no
opposition from residents in the area.
Mr. Barber called for public comment.
Ms. Andrea Epps stated while she supports the proposed
development, the cash proffer policy provides for the
division of funds among roads, fire, schools and libraries.
She cautioned the Board about approving zoning requests and
funding only one capital facility at the expense of others.
Mr. Minter stated the applicant has provided a full cash
proffer and is willing to direct it to whatever capital
facilities the county desires.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Barber expressed concerns relative to setting a precedent
with the Planning Commission altering the county's budgetary
process through the distribution of cash proffers.
In response to Mr. Barber's questions, Mr. McCracken stated
funds have been identified in the Six-Year Plan to begin the
first phase of the Adkins Road/Reams Road intersection
improvements. He expressed concerns that bids for road
projects are increasing significantly, indicating that
although funds are available to improve the intersection, he
would feel more comfortable knowing that additional
transportation funds were available through this zoning
request.
Mr. Barber stated, although this is a small case,
reluctant to support it without the cash proffer
accepted using the traditional methodology.
he is
being
Mr. Warren stated, although he, too, has concerns about
dedicating the entire cash proffer for one capital facility,
the applicant provided the cash proffer for transportation
based on a majority of the Planning Commission members
supporting the request, and also went beyond the full cash
proffer to add additional funding for roa.ds. He further
stated, although it is not his preferable approach, the -'
applicant has done everything he can possibly do; therefore,
he will support the request.
Mr. Warren then made a motion, seconded by Mr. Miller, for
the Board to approve Case 04SN0286 and accE~pt the proffered
conditions.
05-770
09/21/05
Mr. Miller stated the Board has approved other zoning
requests wi th the entire cash proffer being provided for
transportation. He further stated he does not believe this
destroys the cash proffer methodology, but enhances it by
allowing the Board to review zoning requests on a case-by-
case basis.
,-
Mrs. Humphrey stated the applicant has presented a good in-
fill development case. She suggested that the Board
reiterate to the Planning Commissioners that their job is to
address land use applications, and not to make financing
decisions.
Mr. King stated he will support the case, although he has
strong concerns that education and public safety are equally
as important as roads.
Mr. Barber requested that Mr. Ramsey develop a policy
statement to share with the Planning Commission indicating
that cash proffer distribution is the Board's prerogative.
He stated the Planning Commission could send a choice of two
different proffered conditions for the Board to decide upon.
He noted the transportation and school sheds differ and
stated he does not like the idea that children in the
Midlothian District will be deprived of school funding if the
request is approved as proffered. He stated he will not
support the motion.
Mr. Miller stated he has no problem communicating a cash
proffer distribution pOlicy statement to the Planning
Commission, but does not feel the Board should be too harsh
on the Planning Commission because they are trying to do
their job by sending the best possible cases to the Board.
Mr. Ramsey stated he has requested a report on the number of
cases where the Board has provided cash proffers for one
capital facility rather then distributing them using the
methodology in the ,Board's cash proffer policy. He further
stated staff will draft a policy direction relating to cash
proffer distribution for the Board's consideration. He noted
there may be unusual circumstances when providing the cash
proffer for one facility over others would be appropriate.
Mr. Warren stated he feels a policy regarding cash proffer
distribution is a step in the right direction.
Mr. Barber called for a vote on the motion of Mr. Warren,
seconded by Mr. Miller, for the Board to approve Case
04SN0286 and accept the following proffered conditions:
1.
Public water and wastewater systems shall be used.
(U)
--
2.
Prior to recordation of each subdivision plat, the
developer shall pay to Chesterfield County $11,500.00
for each lot to be recorded with such plat. In addition,
prior to recordation of the initial subdivision plat,
the developer shall pay $30,000.00 to Chesterfield
County. These payments shall be used for road
improvements within Traffic Shed 4, such as at the Reams
Road/Adkins Road intersection, or for road improvements
that provide relief to that Traffic Shed. (T & BM)
05-771
09/21/05
3. Except for timbering approved by the Virginia State
Department of Forestry for the purpose elf removing dead
or diseased trees, there shall be no timberinçr on the
property until a land disturbance permit has been
obtained from the Environmental Enginee!ring Department
and approved devices have been installed. (EE)
4.
The muumum gross floor
shall be 1800 square feet.
area for
(BI & P)
all
dwelling
units
5. All exposed portions of the foundation of each dwelling
unit and all exposed piers supportinçr front porches
shall be faced with brick or stone veneer. (BI & P)
6. All streets within the development shall be constructed
with curb and gutter. (P & EE)
7. A maximum of eighteen (18) dwelling units shall be
permitted on the property. The overall average lot size
shall be thirteen thousand five hundred (13,500) square
feet. (P)
8.
Manufactured homes shall not be permitted.
(P)
9. There shall be no access to Reams Road except for the
driveway which serves Tax ID 749-701-9156. (T)
10.
Prior to
the Rea.ms
complet.e,
Department.
recordation of the
Road at Adkins Road
as determined
(T & P)
initial subdivision plat,
turn lane project shall be
by the Transportation
11. Within the fifty (50) foot buffer required along Reams
Road, a minimum four (4) foot high berm with 3:1 maximum
side slopes and Perimeter Landscape C shall be provided.
The grading and landscaping plan for such buffer area
shall be submitted to the Pla.nning Department for
approval in conjuncti<:m with the tentat.ive plat review.
( P)
12. In conjunction with the recordation of the initial
subdivision plat or within thirty (30) days of a request
by the Transportation Department, whichever occurs
first, thirty-five (35) feet of right-of-way on the east
side of Adkins Road and forty-five (45) feet of right-
of-way on the south side of Reams Road, measured from
the centerlines of those roads immediately adjacent to
the property, shall be dedicated, free and unrestricted,
to and for the benefit of Chesterfield County. (T)
13. Direct access from the property to Adkins Road shall be
limited to one (1) public road. The exact location of
this public road shall be approved by the Transportation
Department. (T)
Ayes: King, Humphrey, Miller and Warren.
Nays: Barber.
Mr. Barber requested a five-minute recess.
Reconvening:
05-772
09/21/05
15 · K. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
o MR. BOB HERNDON WILL ADDRESS THE BOARD RELATIVE TO AN ITEM
HE BELIEVES SHOULD BE ADDED TO THE BOARD OF SUPERVISORS'
2006 LEGISLATIVE PACKAGE
Mr. Bob Herndon recommended that the Board present an
amendment to the County Charter to the General Assembly
providing for an election of the Chairman of the Board of
Supervisors at large and also providing additional powers and
duties of the elected chairman. He stated there are at least
four other counties in the state who currently elect a
chairman at large and discussed advantages of this. He
suggested that the Board move this recommendation forward to
the public hearing process and then to the county's 2006
legislative agenda.
16. PUBLIC HEARINGS
16.A. TO CONSIDER AMENDMENTS TO SECTIONS 14-14 THROUGH 14-16
OF THE COUNTY CODE REGULATING THE USE OF PNEUMATIC
GUNS IN THE COUNTY
-
Mr. Micas stated this date and time has been advertised for a
public hearing for the Board to consider ordinance amendments
relative to regulating the use of pneumatic guns in the
county. He further stated Mrs. Humphrey created a citizens
committee, which included representation from the
Commonwealth's Attorney, Police Department, and County
Attorney's office, fOllowing the Board's public hearing on
July 27, 2005, when concerns were raised regarding technical
language in the ordinance. He stated the ordinance revisions
for this public hearing as well as the one relating to
carrying loaded firearms and discharging loaded firearms on
or near public highways, public schools or public parks are a
result of that committee's work.
In response to Mr. Miller's questions, Mr. Micas stated the
regulation of pneumatic guns by minors below the age of 16 is
optional and not mandated by state. He further stated the
county has had restrictions on minors discharging air guns
for many years, and the ordinance amendment will add
paintball guns to this regulation.
Mr. Miller stated he believes requiring minors under age 16
to be supervised while using pneumatic guns is too
restrictive. He further stated there appears to be a typo in
Section 14-16 (b), and that the word "ofH should be deleted
following "usesH and prior to "pneumatic guns.H
In response to Mr. Miller's questions, Captain Dan Kelly
stated there have been numerous vandalism incidents resulting
from the use of BB guns. He further stated many of these
incidents are handled with the parents and no charges are
filed.
Discussion ensued relative to the number of vandalisms,
brandishings and assaults using paintball guns.
Mr. Barber called for public comment.
05-773
09/21/05
Mr. Philip Van Cleave, a resident of WQodlake and member of
the Virginia Ci tizens Defense League, stated part of gun
ownership is learning responsibility, indicating that he
would support an option that if a minor was far enough away
from other residences, he would be allowed to use a pneumatic
gun without supervision.
Mr. Zack Jillani stated he supports Mr. Miller's the!ory that
if a minor i.s far enough away from a residence or building,
parental supervision is not necessary. He further stated he
supports the proposed ordinance changes. He referred to
Section 14-15 (b) and stated ear protection is not required
for paintballs since they do not produce noise. He then
referred to Sections 14-16 (b) and (c), stating that these
sections are unclear relative to 16 year olds. He suggested
that Section 14-16 (c) be revised to read, "Minors age 16 or
older. H He stated Sections 14-14 (b) and (c) prevent
legitimate paintball fields from renting equipment and
selling equipment to its minor players and :3uggested
amendments stating that paintball fields can lend, loan, sell
or otherwise transfer a pneumatic gun to a minor if a signed
consent from is presented.
Mr. Don Hager, owner of Splat Brothers paintball, stated
paintball is a rapidly growing sport. He further stated if
he hears about any type of vandalism or other offense using a
paintball gun, he contacts the police Department with the
information. He stated he believes the ear protection
referred to in the ordinance is addressed through the headset
and goggles that are required to be worn at commercial
fields. He further stated he requires a waiver to be signed
for all renters of paintball equipment, and insurance laws
require the consent of a parent of guardian to rent equipment
to minors under the age of 18. He expressed concerns that
minors can purchase paintball equipment via the Internet and
to the lack of safety because of the speed of a paintball
guns in "renegade ball,H or backyard play. He stated
commercial fields have lots of rules and regulations to
adhere to and he thinks the proposed ordinance is great.
--",'
Mr. Steve Meadows, a paintball player, expressed concerns
relative to controlling the use of private property. He
stated he believes in personal responsibilit~r and noted there
are already laws that address both vandalism and shooting
wi th malice. He further stated the paintball industry is
regulating itself and cautioned the Board about: placing
additional rules and regulations on the use of paintball
guns.
Mr. Brian Sanford stated he believes the punishment for
vandalism should be more severe, indicating that he has
wi tnessed BB gun incidents, and minors do not learn from
community service. He stated he believes it is a good idea
for minors to be supervised by parents when usi.ng BB or
paintball guns.
Mr. Kelton Lowrey, operator of Rockwood paintball, stated he
has offered rewards for information about persons responsible
for vandalisms and malicious woundings using paintball guns,
but noted vandals would use other methods if paintball guns
were not available to them. He inquired whether he would be
considered a legal adult if a minor is dropped off by a
05-774
09/21/05
parent who has signed a waiver form, indicating that this
represents 75 percent of his business. He stated insurance
requires paintball participants to be a minimum of 12 years
old with parental permission. He further stated he thinks it
should be the parents' responsibility to determine if their
minor child is able to play at a paintball field without
their direct supervision, under the supervision of a
professional who understands the rules and guidelines that
need to be followed. He also inquired whether the ordinance
provision regarding firing of pneumatic guns within 300 feet
of a dwelling or building would include licensed facilities.
Captain Kelly stated the
to approved businesses.
dropped off at paintball
and the business owner
supervision.
300-foot provision would not apply
He further stated minors can be
facilities if a waiver is signed,
becomes an approved adult for
There being no one else to speak to the ordinance amendments,
the public hearing was closed.
Mr. Barber thanked Mrs. Humphrey for suggesting the working
group to address the ordinance amendments, and stated he will
support the proposed ordinance.
Mr. Miller stated he will support the ordinance with some
degree of regret because he believes responsible teenagers
who live in agricultural areas should be allowed to shoot BB
guns without parental supervision.
,-
Mrs. Humphrey
participated
amendments.
define the
document.
thanked the members of the committee who
in discussions regarding the ordinance
She stated the ordinance amendments will better
county code, indicating that it is still a fluid
Mr. Miller recommended a change in Section 14-16(c) to
clarify that minors age 16 or older may use a pneumatic gun
with the written consent of a parent or guardian at any place
designated for such use by the county or on private property
with the consent of the owner.
Discussion ensued relative to Section 14-16(b) requiring
supervision of minors below the age of 16.
Mrs. Humphrey made a motion, seconded by Mr. King, for the
Board to adopt the ordinance amendments regulating the use of
pneumatic guns in the county, including the additional
language suggested by Mr. Miller, to clarify the language
regarding minors 16 years of age and older.
-,
Mr. Barber called for a vote on the motion of Mrs. Humphrey,
seconded by Mr. King, 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 14-14, 14-15 and 14-16 RELATING
TO PNEUMATIC GUNS GENERALLY, DISCHARGING PNEUMATIC GUNS,
DISCHARGE OF PNEUMATIC GUNS BY MINORS, AND PROVIDING
FOR A PENALTY
05-775
09/21/05
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 14-14, 14-15 and 14-16 of the Code of the
County of Chesterfield, 1997, as amended, are amended and re-
enacted to read as follows:
Sec. 14-14. s~e-Pneumatic guns generally.
( a)
Sections
meanings:
ThE~ following words and phrases,
14-14, 14-15 and 14-16, shall hav1e
when
the
used in
following
Pneumatic gun: Any implement, designed as a gun, that will
expel a BB or a pellet by action of pneumatic pressure,
including, but not limited to a paintball gun that expels by
action of pneumatic pressure plastic balls filled with paint
for the purpose of marking the point of impact. Weapons
classified as firearms are specifically excluded from this
definition.
Dealer: A person engaged in the business of selling, renting,
lending or otherwise transferring pneumatic guns,
projectiles, pistols, revolvers or rifles.
Minor: A. person under the age of 18 years.
Projectile: A fired or otherwise projected object, ~:;uch as a
bullet, having no capacity for s.elf propulsion.
(b) No dealer shall sell, lend, rent or otherwise
transfer a pneumatic gun, or projectiles for a pneumatic gun,
to any person whom the dealer knows or has reasonable cause
to believe to be a minor.
(c) No person shall give, sell, rent, lend or otherwise
transfer any pneumatic gun, or projectiles for a pneumatic
gun, to a minor, unless the relationship of parent and child,
guardian and ward or adult instructor and pupil exists
between the person and the minor.
(d) Any person violating the provisions of this section
shall be guilty of a misdemeanor punishable by a fine of not
more than $500.00.
Sec. 14-15. S~e-Discharging pneumatic guns across highways,
etc.
(a) No person shall discharge any pneumatic gun on or
across any street, sidewalk, alley, public road or public
land of the county except on a properly constructed shooting
range or on other property where firearms may be discharged.
(b) Commercial or private areas designated for use of
pneumatic paintball guns may be established and operated for
recreational use if in compliance with all other applicable
laws or regulations. Equipment designed to protect. the face
and ears shall be provided to participants at such
recreational areas, and signs must be posted to warn against
entry into the paintball area by persons who are unprotected
or unaware that paintball guns are in use.
05-776
09/21/05
(c) Any person violating the prov~s~ons of this section
shall be guilty of a misdemeanor punishable by a fine of not
more than $500.00.
Sec. 14-16. Same--Discharge of pneumatic guns by minors.
(a) No minor shall discharge any pneumatic gun outdoors
within 300 feet of the dwelling of another, a business
establishment, private building, public gathering or public
meeting place, unless the minor is accompanied by his parent
or guardian, or otherwise supervised in accordance with this
section.
(b) Any minor below the age of 16 who uses pneumatic
guns on private or public property shall be supervised by a
parent, guardian, or other adult supervisor approved by a
parent or guardian.
(c) Minors the age of 16 or older may, with the written
consent of a parent or guardian, use a pneumatic gun at any
place designated for such use by the County or on private
property with the consent of the owner.
(d) Any minor, whether permitted by a parent or
guardian to use a pneumatic gun or not, shall be responsible
for obeying all laws, regulations and restrictions governing
such use.
-
(e) Training of minors in the use of pneumatic guns
shall be done only under direct supervision of a parent,
guardian, Junior Reserve Officers Training Corps instructor,
or a certified instructor. Training of minors above the age
of 16 may also be done without direct supervision if approved
by the minor's instructor, with the permission of and under
the responsibility of a parent or guardian, and in compliance
with all requirements of this section. Ranges and
instructors may be certified by the National Rifle
Association, a state or federal agency that has developed a
certification program, any service of the Department of
Defense, or any person authorized by these authorities to
certify ranges and instructors.
(f) Any person violating the prov~s~ons of this section
shall be guilty of a misdemeanor punishable by a fine of not
more than $500.00.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
16.B. TO CONSIDER AMENDMENTS TO COUNTY CODE SECTIONS 14-9,
14-10 AND 14-11 RELATING TO CARRYING LOADED FIREARMS
AND DISCHARGING LOADED FIREARMS ON OR NEAR PUBLIC
HIGHWAYS, PUBLIC SCHOOLS, OR PUBLIC PARKS
Captain Kelly stated this date and time has been advertised
for a public hearing for the Board to consider ordinance
amendments relative to carrying loaded firearms and
discharging loaded firearms on or near public highways,
public schools, or public parks. He further stated the
05-777
09/21/05
~~~,-,~......_."'..,~,- ......
ordinance amendments will bring the County Code into
compliance with state law.
Mr. Barber called for public comment.
Mr. Philip Van Cleave, representing the Virginia Citizens
Defense League, expressed concerns regarding the proposed
amendments to Section 14-9 relative to carrying of loaded
firearms on public highways, indicating that the Defense
League is trying to have the enabling state legislation
overturned at the 2006 General Assembly session. He stated
the Defense League does not want any doubt that a person who
is lawfully walking down the street carrying a handgun for
self defense! to fall in this category because he does not
have permission to hunt on both sides of the road. He
further stated he supports the remainder of the ordinance.
He recognized five members of the audience who stood in
support of his comments.
Mr. Joe Cacciotti stated he is confused about the distance
that hunting gunfire must occur from a public highway.
Mr. Micas stated the proposed ordinance does not change
anything relative to the distance that hunting gunfire must
occur away from a public highway.
There being no one else to speak to the ordinanc:e amendments,
the public hearing was closed.
Mr. Miller expressed concerns that the ordinance does not
address the discharging of firearms within a certain distance
from a public highway.
Captain Kelly stated the discharging of firearms in proximity
to roadways is covered in another section of state law.
Mr. Miller inquired why the word "person" is being replaced
by "hunter" in Section 14-11(b) "
Mr. Micas stated the language change from "personH to
"hunter" was suggested by the committee.
Mr. King stated he understands the intent of changing the
word "personH to "hunterH is not to deny people the right to
carry weapons, but feels it would be more appropriate to use
the word "personH rather than "hunter."
Discussion ensued relative to the det.ermination of who is a
"hunter."
Mr. Barber inquired whether it would be appropriate to use
the word "person" in place of "hunter" in Section 14-11(b).
Mr. Micas stated staff would support the word "person" in
Section 14-11(b). --
Mr. Miller stated he believes language should be added at the
end of Section 14-11 (b) to clarify an exemption, by adding
"or as otherwise permitted by state law."
Discussion ensued relative to changing the word "hunter" to
"person. H
05-779
09/21/05
Mr. Van Cleave stated the enabling state legislation uses the
term "hunter."
Mr. Micas stated Mr. Miller's suggested exemption to be added
at the end of Section 14-11(b) would take care of any issues
between "hunterH and "person.H
Mrs. Humphrey made a motion for the Board to adopt the
ordinance amendments relating to carrying loaded firearms on
public highways, discharging firearms, hunting or carrying
loaded firearms near public schools or parks, and providing
for a penalty, including the language change in Section 14-
II (b) from "hunter" to "personH and the addition of language
at the end of Section 14-11(b) suggested by Mr. Miller.
Mr. Warren seconded the motion.
Mr. Barber called for a vote on the motion of Mrs. Humphrey,
seconded by Mr. Warren, 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 14-9, 14-10 AND 14-11 RELATING TO
CARRYING LOADED FIREARMS ON PUBLIC HIGHWAYS,
DISCHARGING FIREARMS, HUNTING OR CARRYING LOADED
FIREARMS NEAR PUBLIC SCHOOLS OR PARKS,
AND PROVIDING FOR A PENALTY
,-
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 14-9, 14-10 and 14-11 of the Code of the
County of Chesterfield, 1997, as amended, are amended and re-
enacted to read as follows:
Sec. 14-9.
highways.
Same - Carrying loaded firear.ma on public
(a) No person shall carry or have a loaded firearm in his
possession while standing or walking on any part of a
public highway within the county when such person is not
authorized to hunt on the private property on both sides
of the highway along which he is standing or walking.
The provisions of this section shall not apply to (i)
persons carrying loaded firearms in moving vehicles¡
(ii) persons acting at the time in defense of persons or
property; or (iii) persons carrying firearms as
permitted pursuant to the provisions of Virginia Code
Sections 18.2-287.4 and 18.2-308.1.
-
(b) Any person violating the provisions of this section
shall be guilty of a misdemeanor punishable by a fine of
not more than $100.00.
Sec. 14-10. Same--Discharging firear.ma.
(a) No person shall discharge any firearm within the county
within 600 feet of a (i) dwelling of another¡ (ii)
business establishment¡ (iii) public building; (iv)
public gathering¡ or (v) public meeting place.
05-779
09/21/05
'M~""'___'_"~'_'_
(b)
Any person violating
shall be punishable
$1,000.00.
the
by
provisions
.a fine of
of this section
not more than
(c) This section shall not apply to a (i) law-enforcement
officer in the performance of his official duties; (ii)
any person whose discharge of a firearm is justifiable
or excusable at law in the protection of life or
property; (iii) the discharge of a firearm for the
killing of deer pursuant to Virginia Code section 29.1-
529. This exemption shall apply on land of at least
five acres that is zoned for agricultural use; or (iv)
the discharge of a firearm that is otherwise
specifically authorized by law.
Sec. 14-11. Same--Hunting or carrying a loaded firearm near
public schools or parks.
(a) No person shall shoot, hunt or attempt to hunt with a
firearm wi thin 100 yards of any property line of any
county public school or county park.
(b) No person shall transport, possess or carry a loaded
firearm, wi thin 100 yards of any property line of any
county public school or county park, except as otherwise
permitted by state law.
(c) This section shall not apply to lands within a national
or stat,e park, state forest. or wildlife management area.
(d) The provisions of this section shall not apply to the
discharge of a firearm for the killing of deer pursuant
to Virginia Code Section 29.1-529. This exemption shall
apply on land of at least five acres that is zoned for
agricultural use.
(e) Any person violating the provisions of thܡ section
shall be guilty of a class 4 misdemeanor.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
Mrs. Humphrey excused herself from the meeting.
On motion of Mr. Barber, seconded by Mr. Warren, the Board
suspended its rules at this time to consider agenda items
after 11:00 p.m.
Ayes: Barber, King and Warren.
Nays: None.
Absent: Humphrey and Miller.
Mrs. Humphrey returned to the meeting.
05-780
09/21/05
16.C. TO CONS~DER AMENDMENTs TO SECTIONS 19-185, 19-192,
19-195, 19-199, AND 19-523 OF THE COUNTY CODE
RELATING TO SETBACKS IN ~NDUSTR~AL ZONED DISTRICTS
Mr. Greg Allen, Planning Administrator, stated this date and
time has been advertised for a public hearing for the Board
to consider ordinance amendments relative to setbacks in
Industrial Zoned Districts. He further stated the Planning
Commission recommended approval to delete the setbacks in I-2
and I-3 Districts but expressed concerns relative to I-1
Districts from the standpoint that the remaining buffer in I-
I is only 50 feet by current code, and therefore recommended
not approving deletion of buffers in I-I Districts. He
stated staff would prefer a consistent ordinance that
addresses all three Industrial Districts. He further stated
the proposed ordinance amendments establish a 100-foot buffer
in all three Industrial Zoned Districts, which basically is
equal to the 100-foot setback currently required in I-I
Districts. He stated any possible amendment to the buffer
can be handled by the Planning Commission at the time of site
plan review rather than applying for a variance through the
Board of Zoning Appeals. He further stated staff supports
the revised ordinance amendments.
Mr. Barber called for public comment.
-
Ms. Andrea Epps stated she believes deleting the setbacks
would make it easier for industrial property to be developed.
She further stated she trusts that development standards will
continue to ensure compatibility of development.
Mr. Steve Meadows, President of the Gateway Association,
stated he believes deleting setbacks is a great idea.
There being no one else to speak to the ordinance amendments,
the public hearing was closed.
On motion of Mr. King, seconded by Mrs. Humphrey, 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 19-185, 19-192, 19-195, 19-199 AND
19-523 RELATING TO SETBACKS IN INDUSTRIAL ZONED DISTRICTS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 19-185, 19-192, 19-195, 19-199 and 19-523
of the Code of the County of Chesterfield, 1997, as amended,
are amended and re-enacted to read as follows:
-
Sec. 19-185. Required condition..
In addition to the other requirements of this chapter,
the conditions specified in this section shall be met in the
I-1 District.
(a) All uses, including storage, shall be conducted
entirely wi thin an enclosed building, except for
accessory parking, loading and unloading
facilities, and vehicle storage as allowed per
section 19-181(j).
05-781
09/21/05
",~---"._........,
(b)
The uses permitted in this district shall be those
uses which are dependent upon raw materi.als first
processed elsewhere.
(c) Loading areas shall be oriented away from any
existing R, R-TH or R-MF District or property
currently zoned agricultural and shown on the
comprehensive plan for residEmtial use.
o 0 ()
Sec. 19-192. Required conditions.
In addition to the other requirements of thi s chapter,
the conditions specified in this section shall be met in the
I-2 District.
(a) The uses permitted in this district are those uses
which are dependent upon raw materials first
processed elsewhere.
000
Sec. 19-195. Uses permitted with certain restrictions.
The following uses shall be permitted in the I-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:
000
(c) Junkyards provided that:
(I) Such use is set back at least 100 feet from
rights-of-way, 200 feet from any 0, C or I-I
District and 300 feet from any A, R. R-TH, or
R-MF District, subject to section 19--500.
000
Sec. 19-199. Reserved.
000
Sec. 19-523. Buffer width matrix.
The required width of buffers shall be determined from
the following matrix. The left column of the matrix
represents the zoning of the lot on which the buffer must be
provided and the top column of the matrix represents the
zoning district of property contiguous to the zoning lot. The
interior numbers in the matrix represent the width in feet of
the required buffer on the zoning lot. However, whenever the
primary use on a parcel zoned 0, C or I is a single family
residential subdivision, adjacent parcels shall be required
to apply the buffer matrix below as though the property is
residentially zoned.
05-782
09/21/05
BUFFER WIDTH MATRIX
TABLE INSET:
R-7/88
A* R-TH/R-MF
MH Districts
A* + +
R-7/88 + +
R-TH/R-MF + 50**
MH Districts + 50**
0-1 + 40
0-2 + 50
C-l + 40
C-2 + 50
C-3 + 75
C-4 + 75
C-5 + 100
I-I + 100 100
I-2 + 100 100
I-3 + 100 100
*Note: In all zoning districts except Industrial zoned
districts, buffers are only required adjacent to property
zoned "A" when the property is vacant and its designation on
the comprehensive plan is for residential uses. Property
zoned I-I through I-3 requires a buffer when adjacent to
property zoned "AH that is occupied by a residential use or
the property is designated on the comprehensive plan for
residential uses.
**Note: Where property zoned R-7 through R-88 is adjacent to
property zoned R-TH, R-MF, or MH, a buffer shall be required
on the R-TH, R-MF, or MH property. No buffers are necessary
between any single-family residential districts unless
required by the board of supervisors, planning cormnission
(modification to development standards and requirements only)
or board of zoning appeals.
(2) That this ordinance shall become effective irmnediately
upon adoption.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
16.D. TO CONSIDER AMENDMENTS TO SECTIONS 19-145 AND 19-301
OF THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS
AMENDED RELATING TO CHECK CASHING ESTABLISHMENTS AND
INCIDENTAL CHECK CASHING SERVICES
-
Mr. Carl Schlaudt, Planning Administrator, stated this date
and time has been advertised for the Board to consider
ordinance amendments relative to check cashing establishments
and incidental check cashing services. He further stated the
ordinance amendments would allow incidental check cashing
services as restricted uses in C-1 districts and define
incidental check cashing services to make them different in
the ordinance from stand-alone check cashing establishments.
Mr. Barber called for public cormnent.
Mr. Steve Meadows, representing the Gateway Association,
stated he vehemently opposes any type of check cashing
organizations in the county because of the fees they charge
05-783
09/21/05
and the lack of control over cashing of checks without proper
identific:ation. He further stated he is happy that the
county is limiting the fees these establishments ca.n charge,
but thinks it would be much better if these operations were
not allowed.
Mr. Barber stated the County Attorney has advised that the
Board cannot ban a particular business from the county. He
further stated the proposed ordinance will accommodate
incidental check cashing services with a. number of
limitations.
Discussion ensued relative to the necessity of thE~ c:ounty to
accommodate all types of businesses.
Mr. Joe Cacciotti expressed concerns relative t.o allowing
check cashing chains, that have partnered with out of state
banks and are out of the control of state regulations, to
locate in WalMart and other retail stores in the county
because the county would have no control over the fee these
establishments could charge. He stated he unden;tands the
county cannot keep these companies from locating here, but
the Board can impose restrictions on how close they are
placed to other check cashing services and requested that the
Board consider imposing restrict.ions on the location of the
establishments.
There being no one else to speak to the ordinance amendments,
the public hearing was closed.
Mr. Barber stated he believes the proposed ordinance is as
legally restrictive as it can be.
Mr. Barber then made a motion, seconded by Mr. Miller, for
the Board to adopt ordinance amendments relating to check
cashing establishments and incidental check cashing :services.
Following brief discussion, it was generally agreed that
staff prepare a subsequent amendment to include anti-packing
provisions for check cashing services,
Mr. Miller stated he would also like to add language to the
subsequent amendment restricting internal franchises by
limi ting the operations to primary us.:::rs.
Mr. Micas stated the Board could accomplish this by adding
Section 19-145 (h) (5), as follows: "is operated by t.he primary
user."
Mr. Barber amended his motion to include the addition of
Section 19-145(h) (5).
Mr. Miller concurred with Mr. Barber's amended motion.
Mr. Barber called for a vote on his motion, seconded by Mr. --
Miller, 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 19-145 AND 19-301 OF rrHE ZONING
ORDINANCE RELATING TO INCIDENTAL CHECK CASHING SERVICES
05-784
09/21/05
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 19-145 and 19-301 of the Code of the
County of Chesterfield, 1997, as amended, are amended and re-
enacted to read as follows:
Sec. 19-145. Uses permdtted with certain restrictions.
The following uses shall be permitted in the C-l 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:
000
(h) Incidental check cashing services, provided that
such use:
(1) is accessory¡
(2) does not display signs visible from the
exterior of the building;
(3) is located internal to the primary structure
occupied by the permitted uses¡
(4) does not have separate exterior access open to
the publici and
(5) is operated by the primary user.
000
Sec. 19-301. Definitions.
For the purposes of this chapter, the following words and
phrases shall have the following meanings:
000
Check cashing services, incidental: Cashing of checks,
drafts or money orders for compensation, other than "check
cashing establishments.N
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
-
16.E. TO CONSIDER PROPOSED ORDINANCE AMENDMENTS TO COUNTY
CODE SECTION 19-26 REGARDING PUBLIC NOTICE
REQUIREMENTS FOR ZONING AND CORRESPONDING CHANGES
Mr. Micas stated this date and time has been advertised for a
public hearing for the Board to consider ordinance amendments
relative to public notice requirements for zoning and
corresponding changes. He noted these amendments are
mandated by recent changes in state law.
Mr. Barber called for public comment.
05-785
09/21/05
......--"''''.................---
Mr. Steve Meadows inquired who would receive notice and how
the public at large would know that about zoning changes.
Mr. Micas stated all zoning changes are advertised and the
proposed ordinance amendments would expand the n~quirement
for written notice to all property owners whose density might
be reduced as a result of a zoning change, in addi tion to
those who are currently notified.
Mr. Meadows stated he support~; addi tional notice
requirements. He inquired whether notices of zonin9 changes
can also be sent to organizations, such as the Gateway
Association, Ruritan Clubs and Rotary Clubs whose membership
includes a wide variety of citizens..
In response to Mr. Miller's question, Mr. Turner stated this
information is made available through a mailing list to all
organizations that request it.
Mrs. Humphrey noted that the county also places signs on all
properties with pending zoning requests.
There being no one else to speak to the ordinance amendments,
the public hearing was closed.
On motion of Mr. Warren, seconded by Mrs. Humphrey, 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 SECTIONS 19-1 AND 19-26 RELATING TO
HEARINGS, NOTIFICATIONS AND POSTING OF PROPERTY AND THE
PURPOSES OF THE ZONING ORDINANCE
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 19-1 and 19-26 of the Code of the County
of Chesterfield, 1997, as amended, are amended and re-enacted
to read as follows:
Sec. 19-1. Purpose of chapter.
The purpose of this chapter is to promote the health,
safety, convenience and general welfare of the public and to
accomplish the objectives of Code of Virginia, §§ 15.2-2200
and 15.2-2283. To these ends, this chapter is designed:
(1) To provide for adequate light, air, conv,enience of
access, and safety from fi.re, flood, crime and other dangers
or conditions.
(2) To reduce or prevent congestion in t.he public
streets.
(3) To facilitate the creation of a convenient,
attractive and harmonious community.
(4) To facilitate the provision of adequate police and
fire protection, disaster evacuation, civil defense,
transportation, water, waste wat.er, flood protection,
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schools, parks, forests, playgrounds, recreational
facilities, airports and other public requirements.
(5) To protect against destruction of or encroachment
upon historic areas.
(6) To protect against one or more of the following:
overcrowding of land, undue density of population in relation
to the community facilities existing or available,
obstruction of light and air, danger and congestion in travel
and transportation, or loss of life, health, or property from
fire, flood, panic or other dangers or conditions.
(7) To encourage economic development activities that
provide desirable employment and enlarge the tax base.
(8) To provide for the preservation of agricultural and
forestal lands and other lands of significance for the
protection of the natural environment.
(9) To protect surface water and groundwater.
(10) To protect approach slopes and other safety areas
of licensed airports, including United States government and
military air facilities.
(11) To promote the creation and preservation of
affordable housing suitable for meeting the current and
future needs of the locality as well as a reasonable
proportion of the current and future needs of the planning
district within which the locality is situated¡ and
(12) To provide reasonable protection
encroachment upon licensed public-use airports, as
military bases, military installations, and military
and their adjacent safety areas, excluding armories
by the Virginia National Guard.
against
well as
airports
operated
000
Sec. 19-26. Hearings; notification and posting of property.
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(a) The adoption of any comprehensive plan, zoning
district map or ordinance or amendment thereto¡ any request
for zoning approval ¡ appeal of a decision by the planning
director or other administrative officer to the board of
zoning appeals¡ application for interpretation of the
district map to the board of zoning appeals¡ or application
for creation of a historic district, or the designation of
landmark and landmark sites shall be advertised by reference,
giving a descriptive summary of the proposed action and the
place or places within the county where copies of the
proposed action may be examined. In the case of proposed
action which involves an amendment to the zoning district
map, the public notice shall state the general usage and
density range of the proposed amendment and the general usage
and density, if any, set forth in the applicable part of the
comprehensive plan. None of the above-referenced actions
shall be acted upon until notice of the intention to do so
has been published once a week for two successive weeks in a
newspaper published or having general circulation in the
county. Such notices shall specify the time and place of
hearing at which persons affected may appear and present
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their views, and such hearing shall be held not less than
five days nor more than 21 days after final publication.
(b) The director of planning shall, at leas1: 21 days
before the date of the first hearing on any request for
zoning, or appeal of a decision by the planning director or
other administrative officer to the board of zoninÇJ appeals,
post on the land or building involved in any application or
appeal, a notice of the public hearing as follows:
(1) The notice shall be posted at reasonable intervals
along streets abutting the subject property, or, if
there is no abutting street., then at the proposed
public street entrance to the property. 'rhe notice
shall be posted in locations so as to be reasonably
visible from public roads.
--.
(2) Neither the holding of any public hearin9, nor the
validi ty of any action on an application or an
appeal, shall be affected by the unauthorized
removal of a notice which has been duly posted in
accordance with this section.
(c) (1) With regard to any action referred to in subsection
(a) above, except amendments to the comprehensive
plan, the owner of the affected parcel, as
identified in the assessor's records, and the
property owners identified in section 19-24(c)
shall be given not less than 15 days" written
notice sent by registered, certified or first class
mail for any hearing on any such action. If the
wri tt;en notice is provided by first class mail, the
director of planning shall make affidavit that the
mailings have been made and file the affidavit with
the papers in the case. If the public hearing is
continued or deferred to a date t.ha't has not
previously been advertised, notice shall be
remailed. If the public hearing is continued or
deferred to a date that has been previously
advertised or if the public hearing is closed and
the decision deferred to a later date, notice need
not be remailed.
(2) With regard to any action involving a change to the
applicable zoning ordinance text regulat.ions that
decreases the allowed dwelling unit density of any
parcele of land, the owner of the affected parcels,
as identified in the assessor's records, shall be
given not less than 15 days' written notice sent by
registered, certified or first class mail for any
hearing on any such action. Written notice of such
changes to zoning ordinance text regulations shall
not have to be mailed to the owner of lots shown on
a subdivision plat approved and recorded pursuant
to the provisions of the Chesterfield County
Subdivision Ordinance where such lots contain less
than 11,500 square feet. If the writteIl notice is
provided by first class mail, the director of
planning shall make affidavit that the mailings
have been made and file the affidavit with the
papers in the case. If the public hearing is
continued or deferred to a date that has not
previously been advertised, notice shall be
remailed. If the public hearing is continued or
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deferred to a date that has been previously
advertised or if the public hearing is closed and
the decision deferred to a later date, notice need
not be remailed.
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(3) Wi th regard to any action referred to in sections
19-16 and 19-17, written notice of any public
hearing on an application to amend a zoning
condition or rezone property shall be given to the
last known representatives of all civic
associations on the Civic Association Notice List
filed with the planning department operating within
the area encompassed by the property which is
subject to the original zoning or condition and to
all property owners of record with the assessor I s
office whose property was subj ect to the original
zoning or condition and whose property is located
within 1,500 feet of the property which is the
subject of the application.
(d) When a proposed comprehensive plan or amendment
thereto, a proposed change in zoning district map
classification, an application for creation of a historic
district or the designation of landmarks and landmark sites
or an application for special exception or variance involves
any parcel of land located within one-half mile of a boundary
of an adjoining county or municipality, then, in addition to
the advertising and written notification required above,
written notice shall also be given at least ten days before
the hearing to the chief administrative officer or his
designee, of such adjoining county or municipality.
(e) When (i) a proposed comprehensive plan or amendment
thereto, (ii) an application for zoning approval, (iii) an
application for interpretation of the district map to the
board of zoning appeals, (iv) an application for creation of
a historic district, or (v) the designation of landmark and
landmark si tes , involves any parcel of land located wi thin
3,000 feet of a boundary of a military base, military
installation, military airport, excluding armories operated
by the Virginia National Guard or licensed public-use
airport, then, in addition to the advertising and written
notification as above required, written notice shall also be
given by the local commission, or its representative, at
least 10 days before the hearing to the commander of the
military base, military installation, military airport, or
owner of such public-use airport, and the notice shall advise
the military commander or owner of such public-use airport of
the opportunity to submit comments or recommendations.
-
(f) Posting and notification
owners, as outlined in this section,
when:
of adjacent property
shall not be required
(1) The hearing involves an application for zoning
approval of 26 or more parcels of land initiated by
resolution of the planning commission or board of
supervisors; or
(2) On appeal when the appeal invol ves 26 or more
parcels of land; or
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"".--..,........"'---
(3) The hearing invol ves an appeal conc:e~rning no
specific property.
(g) A party shall be deemed to have waived the right to
challenge the validity of proceedings for whic]~ written
notice is required if the party does not receive thE: required
written notice, but the party has actual notice of, or
actively participates in, the proceedings.
(2) That this ordinance shall become effective immediately
upon adoption.
--
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
16.F. TO CONS1:DER AN ORD1:NANCE TO VACATE A FIFTY-FOOT
UN1:MPROVED RIGHT OF WAY W1:THIN TRENTS FARM SUBDrvISION
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider an ordinance to
vacate a 50-foot unimproved right of way within Trents Farms
Subdivision.
Mr. Barber called for public comment.
No one c:ame forward to speak to the ordinance.
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
adopted the following ordi.nance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to THOMAS W. MEARS
and SUSAN S. MEARS, husband and wi fe, ( "GRAN'I'EE" ) ,
a 50' unimproved right of way within Trents Farms
Subdivision, Matoaca Magisterial Dist:rict,
Chesterfield County, Virginia, as shown on a plat
thereof duly recorded in the Clerk's Office of the
Circuit Court of Chesterfield County in Plat Book
26, at Page 52.
-..-;'"
WHEREAS, THOMAS W. MEARS and SUSAN S. MEARS, petitioned
the Board of Supervisors of Chesterfield County, ~Jirginia to
vacate a 50' unimproved right of way wi thin Trents Farms
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 26, Page 52, by CHARLES C, TOWNES & ASSOCIATES,
dated APRIL 30, 1976, and recorded MAY 19, 1976" The right
of way petitioned to be vacated is more fully described as
follows:
A 50' unimproved right of way within Trents Farms
Subdivision, the location of which is more fully
shown on a plat made by CHARLES C. TOWNES &
ASSOCIATES, dated APRIL 30, 1976, 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
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WHEREAS, no public necessity exists for the continuance
of the right of way 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 right of way 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
sooner than thirty days hereafter in the Clerk I s Office of
the Circuit Court of 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 of the right of way hereby vacated in the
owners of Lot 5, Block B, within Trents Farms 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 THOMAS W.
MEARS and SUSAN S. MEARS, or their successors in ti tIe, as
GRANTEE.
.-
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
16.G. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A
SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 16,
AMBERLEIGH, SECTION 2
Mr. Stith 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 16-foot drainage easement across Lot
16, Amberleigh, Section 2.
Mr. Barber called for public comment.
No one came forward to speak to the ordinance.
On motion of Mr. Warren, seconded by Mr. Barber, the Board
adopted the following ordinance:
-
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to AMBERLEIGH, LLC,
a Virginia limited liability company, ("GRANTEE"),
a portion of a 16' drainage easement across Lot
16, Amberleigh, Section 2, CLOVER HILL Magisterial
District, Chesterfield County, Virginia, as shown
on a plat thereof duly recorded in the Clerk's
Office of the Circuit Court of Chesterfield County
in Plat Book 142, at Page 71.
WHEREAS, AMBERLEIGH, LLC, petitioned the
Supervisors of Chesterfield County, Virginia to
Board of
vacate a
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~.--...,---........,.........--
portion of a 16' drainage easement across Lot 16, Amberleigh,
Section 2, CLOVER HILL Magisterial District, ChE:sterfield
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 142, Page 71, by BALZER & ASSOCIATES, INC., dated
MARCH 1, 2004, and recorded MAY 24, 2005. The portion of
easement petitioned to be vacated is more fully described as
follows:
A portion of a 16' drainage easement, acrOSB Lot
16.. Amberleigh, Section 2, the location of 'which
is more fully shown on a plat made by BALZER &
ASSOCIATES, INC., dated AUGUST 2, 2005, 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 Virgini~, 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 CHESTERFIEI,D COUNTY, VIRGINIA:
That pursuant to Section 15.2 -:2272 of thE: Code of
Virgini~, 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 ~ode of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code _of Virgini~, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the rE:cording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title of the portion of easement hereby vacated in
the owner of Lot 16, within Arnberleigh, Section 2 free and
clear of any right:s of public use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and
AMBERLEIGH, LI.JC, a Virginia limited liability company, or
their successors in title, as GRANTEE.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
17. REMAIN:ING MANUFACTURED HOME PERM:ITS AND ZON:ING REQUESTS
There were no remaining manufactured home permits and zoning
requests.
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18 . ADJOURNMENT
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adjourned at 11:29 p.m. until October 12, 2005 at 4:00 p.m.
Ayes:
Nays:
Barber, King, Humphrey, Miller and Warren.
None.
-
ádZ(¿fí!f¿f~-,~
Edward B. Barber
Chairman
Lan B. Ramsey
County Administrato
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