11-24-1992 MinutesBO~ OF S~BRVT~IOR~
Mr. Arthur S. Warren, vi~e Chrm.
F~. Edward B. Barber
~r. Whalmy M. Culbert
County Adminis~a=or
Ms. Barbara Bennett,
Office on Youth
Me. Marilyn E. Cole,
Asat. to CO. Admin,
~Ir~. Doris R. D~Hart
Asst. Co. Admin.,
Legis. Svos, and
Intergowern, Affairs
Mr, William D. Dupler,
~uilding offioial
Chief Rob~t L. Eanes, Jr.,
Fire Department
Dir,, ~ark~ and Reor~atlon
Deputy Co. Admin,,
Mr. William H.
Dir., ~lanning
M~. Ma~ LOU Lyle,
Deputy Co.
Dir., E~V.
~. Richard M. ~cElfish,
Dir., Env.
~r. stev~n L- ~i~a~,
County Attorney
~rs. Pauline A. Mi=cheil,
Dir., Utilities
Mr. Daniel =allad aha r~gula~ly scheduled meeting to order at
3:00 p.m. (EST}.
111~419~
1. ~P~ROVAL aP HINBTES
On motion of Mr. Barber, seconded by Mr. McHale, the Board
approved the minutes OS November 12, 1992, as emended.
vote: unanimous
Mr. Ramsay stated the County recently was recognized by the
James River soil and Water Conservation Distr~t with two
Urban Conservation Awards and .introdused F~r. Richard .Nunally,
Director Of Extensio~ Services. Mr. Nunally stated the County
has previously entered into a Hemcrandum of Qnderstanding with
the James River Soil and Water Conservation District and noted
the District's responsibili%ies as %hey rele~ed ~o the
Chesapeake Bey Prese~vation Act. ~e further ~tated the
Dis~rio~ has recognized two urban conservation projects within
the County and introduced Dr. Harold Mathews, Chair~nan of the
James River Soil and Water Conservation District.
Dr. ~athews =tat~d the James River Soil and Water conservation
District annually recognizes projects in an effort to promote
proper erosion and sediment control practices. ~e f~3~ther
stated the Teacher-of-the-Year Award had been pre~ented to
and to ~tony Point Reform Presbyterian C~rch located in
Air. He stated the County's Utilities D~partment has also
b~en recognized with a special award for sonstruetion of the
welchons. He noted Lyf=la utilities, the contractor, and J.
K. Timmon~ and A~ociate~, the engineer, would also be
reco~nlzed witk the same award.
Mr. Warren stated he recently had the opportunity to speak at
the Tenth Annual Ches~srfleld County Youth Awards Ceremony and
noted he had also sponsored a civic as~ociatio~ leadership
meeting for civic asseniationa located in Clever ~ill D~tr~ct
with the topic of discussion being the Hull Street Road
corridor.
4. REQUESTS TO POSTPONE ~CTION~ ~KERG~N~Y ~DDITIONS OR
On motion of F~. ~Halc, seconded by Mr. Colbert, the Board
added Item 6.~.~., Set Date for a ~ublie H~arin~ to Consider
the Appropriation of Fund~ for the Jail Annex Project and
Award of Construction Contrast to KBS, Inc. to SallOW Item
6.R.1~.c., Acceptance of a Parcel of Land North of Wylderose
6.F., Request the Planning Departnent to Undertake an Update
to the "central ~ea Land Use and Transportation Plan" to
follow Item 6.E.12., added under Ttmn 11., Re~olutioDS and
Special Recognitions, a Resolution Recognizing ~he Week of
December 1 -. 8, 199~ as "Hunger Awareness Week"; s~b~it%ed the
amended ~aft 1993 Laglslatlve Package for Item 6.B., AdoDt~on
Resolution Approving the Sale of $~9~675,000 i~ ~Beral
Obligation Bonds, Series 1992, to i~edlmtely follow thi~ item
Session Regarding Consideration of Additional S~i~/Swell
Soil Issues to follow Item 5.B., Work session Regardin~ the
Quarterly Performanc~ R~port and Pr~-~dget Kid-off; move~
It~ 5.B. to follow It~ 5.C., Work Session Regarding Report
11/24/92
on Cable Television Franchise Renewal C~mmittee and Acceptance
of Preliminary Com~ittes's Commumity Needs Proposal to follow
Item 6.A.; and moved Item 5.D., Work Session Regurding the
southern and Western Area Plan to follow Item 5.C. and,
adopted the agenda, as amended.
Vote: Unanimous
IN GENEP~J~ OBLIGATION BO~DS. SERIES 1992
Obligation Bond financing authorized by th~ 1988 'Referendu~n,
true interest cost af 5.5048 percent and the rate represented
one of the lowest in ov~r twenty yearm.
Hr. Daniel stated he felt the Bond sale represented the strong
pa~t and present financial po~ition ~f the Cottnty and our
abillty ~o maintain and develop ~e financial integrity of th~
County.
~. ~m~ey ~tat~d ~e Co~ty ha~ continued to maintuim its
'mAma" bond ~atlng with ~oody'~ Znva~tor~ Sa~iu~ a~d ~0ted
~any localitie~ bond ~ating~ have been downgraded due to
de~line in ~he economy. He ~ur~her sta~ed ~e County ha~
was given aa additional **~* bond rating from Fitch Investors
~. Warren noted the County was only one of twenty-seven
co~ntlem in ~e country to ~arry the "~" bond rating.
On motion of the Board, the following resolution was adoptad:
SALE ~D DZLI~RY OF FORTY-NINE MINION SIX
SEVENTY-FIVE THOUS~D D0~8 ($49,6~5,000) PRINCIP~
~O~T OF P~LIC IHPROV~T BONDS OF THE CO~Y OF
CHEST~IELD, $IR~INIA, FOR C~IT~ PROJECTS; APPROVING
C~RTAIM D~AIL~ OF SUCH B0~; ~TIFYING CERTAIN A~S ~D
(a} Pursuant to ~mptmr ~ of Title 1~.1 of thm Cod~
Finance Act, which was =ubsequently recod~fie4 am Cha~ter 5.1
of Title 15.1 of ~e Code of Virginia, 19~0, and as recodified
duly celled and held under ~e Publi: Finance Act in
cowry of Chesterfield, Virginia (the "County"),
Co~y, ~a=ed Dec~ber 8, 1988, the County is authorized to
con, act debt and i~ue it~ general obllqat~on bond~ in
~ousand dollars ($1E~,$00,000) ~or th~ f~llowlng
i) Gener=l obligatlon bond~ in ~e ~ximum amount
of one hundred thirty-five million nine hundred thousand
doll~r~ ($1~,9~0,000) to provide ~apital s~hool
projects in t~e County;
92-924 11/24/92
ii) General 'obligation ~nds in the .maximum a~ount
0£ ~lev~n million six hundred thousand dollar~
to provide public safety improvement projects in the
including a fire station and a police and fire training
academy and related administrative facilities;
iii) Gensrul obligution bonds in the maximum amount
of five million three hundred thousand dollars ($5,300,900) to
provide park and recreation improvement projects in the
County;
iv) 8ensral obligation bonds in the ~aximum
of.seven million One hundred thouaanddollars ($7.,100,000) to
provide library ~mprovement projects in the County; and
V) General Obligation bonds in the max/mum amount
of five million nine hundred thousand ~ollars ($~,90O,0Q0}
provide mental health and mental retardation i~provement
proJeot~ in the County.
(b) As of the date hereof, one hundred sixteen
million one hundred twenty-five thousand dollars
($116,125,000) principal amount o£ such general obligation
bonds authorized by the voters of the Co~ty at the
· aforementioned election held on November 8~- 1988 have
heretofore been issued by the County pursuant t~ resolutions
authorizing such issuance adopte~ by the Board of Supe~visor~
on December 1~, 198~, as amended on September ~6~ 1990 and
April 10, 1991, co=chef 11, 1989, January 24, lpg0, as amended
on September 26, 1990, October ~, 1996, a~ amended on April
lO, 1991, November 2~, 1990, February 27, 1991 and
November ~7, ~99~, for the following purposes:
i) Ninety-five million eighty thousand dollars
($95,080,000) for capital school improvement projects in the
County (nut including fifteen million dollars (SIS,000,000) of
bond anticipation notes presently outstanding);
ii) Five million seven hundred cna thousand dollars
($5,701,000) for publiQ safety improvement proJeots in the
County;
ii~) Fou~ million four h~ndred forty-fo~ thousand
($4,444,~o0) for library improvement projects in the
dollars
County;
iv) Five million nine hundred thousand dollarm
($5,900,000) for mental health an~ mental ratardstion
improvement projects in the County, and
v) Five million dollars ($5,000,000) for park and
recreation improvement prnj~ct~ ~n the County;
(c) The Board cf Supervisors deems it advisable and
i~ the best interests of the County to authorize and provide
at this time for the issuance, sate and delivery of forty-nine
· imillien six hundred ~ sewenty-five thousand dollars
{$49,675,000) aggregate principal amount Of the general
obligation ~onds au~horizs~ for'issuance by the voters of. the
County at the aforementioned etection called and- held in the
County on November.S, 19SS for the following purpo~=
i) forty million eight hundred twenty thousand
dollars ($40,820,~00) to provide capital school i~pMeve~e~t
]Projects ~n the Cpunty (inuLudtng the resentment oS fifteen
million dollars ($~5,000,.000) bond anticipation notes of the
county presently o~mtandlng);
92-925
~1/24/92
~) five million eight hundred ninety-nine thoueand
d01~ars ($5,~99,000) to provide publi~ ~a£ety imprsvemen~
projecf~ in the cennty;
iii) two million six hundred fifty-six thousand
dollars ($2,656,000) to provide library improvement proj
in the County; and
iv) t~r~e hundred thousand dollars ($300,O~0) to
provide park and recreation improvement projects in the
County.
Finance Act as t~en in effect, tho School Board Of t~e Co~ty
on December 13, 198~ adopted a resolution requesting ~he Board
of Supervisor~ to issuu general obligation bonds in tho
principal amount of one hundred ~hir~y-five million nine
hundred thousand dollar~ ($135,900,000) for capital school
improvement ~rojec~ in the County a~ au~horize~ by ~he
of the Ce~mty at the aforementioned election held
November 8, 1988.
(e) The Board of supe~vis~re deems it advisable and
at this time fo~ the issuance, sale and delivery of forty-nine
million ~ix hundred seventy-five thousand 4ollars
($49,675;000) ag~egate principal amount of general obligation
bond~ authori$e~ for i~uance by the voter~ of the County
the afor~entioned elect~on called and held in the Co~ty
Nov~b~r ~, 19~, Th~ proceed~ of ~ale of ~uuh general
obl~qation bond~ shall be applied to finanoe the oo~t~ of
capital improvement ~rojectm o~ and for ~e Co~ty smt forth
i~ subsection (c) above and the repa~ent of fifteen million
dollars ($15,0~0,000) bond anticipation notes D=esently
outstanding.
SECTION ~. ~o~t~o~o~B~mds. For ~e purpose
the County, as au~orized by ~e voter~ of the County at the
election held in the County on November 8, 1988 and as
~n~ anticipation note~ {n the principal amount of f~fteen
million d~llars ($15,000,000) heretofore issued to finance
seventy-five tho~m~d ($49,675,000] principal amount of
general obligation bond~ of the Co~ty to be designated ~d
~o~ as "~eral Obligation Public Improvement Bonds, Series
of 1~9~" (h~reinafter referred t0 as the
issued in fully registere~ form in the d~no~ination of $~,000
each 0r a~y i~te~al m~lti~le thereof; and shall ~ture on
July 1~ in ea~ of th~ y~ars an~ in ~e ~o~ts set
below bearing interest payable on July 15, 1993 and
rate Der annu~ set forth opposite s~ch year, a~ follows:
92-926 11/24/92
Year o~ Year of
Maturity Principal Interest Maturity ~rincipal Interest
(July 151 Amount Rat~ (July 15) A~ount Rate
1993 $a,485,000 7~30% 2003
1994 2,4S5,000 7.$0% 2004 2,485,000 5.40%
1995 Z,485~000 7.30% 2005
1990 ~,485,000 4.50% 2006 2,~5,000 5.60%
1997 21485,000 4.30% 2007
1998 2~455,000 4.50~ 2008 2,48~,000 5.80%
1999 3,4~5,000 4.?0% 2009 2,480,000 5.875%
2000 2,485,000 4.90% 2010 21480,000
2001 2r485,000 5.00% 2011 2,4~0,000 . 5.875%
2002 2,485,000 5.10% 201~ 2,480,000 5.875%
The Bonds maturing on July 15, R01R shall be subject
to ~andatory sinking fund redemption on July .1~, 2011 and on
~ly 15, 201~ in the prinoipal amounts in each year ~et forth
below, with th~ particular Bond or Bonds or portions thereof
to b~ redeemed to be selected by lot, upon payment of the
principal amount of the Bonds to be redeemed, together with
the interest accrued on the principal amount to be redeemed to
the date fixed for th~ redemption thereof:
Year
(July lS~ ~rlnclpal Ame~nt
2011
2,480,000
*~aturity
The County, at its option, may ~redlt against such
mandatory sinking f%h~d red~nptlen requirement the principal
amount of Shy Bond~ ~atu~ing un July 15, 201~ which have been
purchased and canceled by the County or which have been
redeemed and not therstofere a~Dlie~ as a credit against such
· andatory sinking fL%~d redemption requirements.
The Bonds shall b~ issued only in fully regi~t~ed
fo~ without coupons. One Bond representln~ each ~at~ity
will ~ issued to and registered in the nam~ O~ C~de ~ Co., as
["OTC"}, as reqistered owner of the Bonds and ~mch ~uch Bond
shall be ~obilized in the custody o~ DTC. OTC will eot as
securities depository for the Bonds. Indivldual purchases
will ~ mad~ in book-entry fo~ only, in =he principal amour
of $5,0Q0 or any inte~al multiple ~ereof. P~cha~ers will
not receive physical deliv~ of debilitates r~pr~senting
thei~ i~te~uut in ~e Bonds purchased.
Principal, prem~, if any, and late=est pa~t~ on
th~ ~on~s w~ll b~ made by the Co~ty by wire transfer to OTC
which will in turn remit ~uch pa~ents to the DTC participa~$
for subse~ent disbursal to the benefioial owners of the
Bends. Transfers of principal, p~amium, if any, and i~tsrest
pa~ents to OTC participants will be ~e responsibility of
BOnd~ by DTC partioipants will ~ ~e resDonsibillty of such
Da~ioipan=s and ot~e~ nominee~ of such beneficial o~er~.
Transfers Of o~ership interests in ~e Bond~ will be
aucompl~sh~d by book entries made by OTC and, in turn, by the
DTC particlpa~t$ Who act on ~alf of '~e i~di~ect
p~rticipants of OTC and the beneficial o~erm of ~e Bonds.
The CoUnty will not be remponmible or liable ~or
sending transaction statements or for maintaining, supervising
92-927 11/24/92
or ~eviewing ~eeerds maintained by DTC, its p~ticipant~ or
persons acting through such participants or for transmitting
pe!nments to, communicating with, notifying, or otherwise
dealing with any beneficial owner of the Bonds. So long as
the Bonda are in book-entry only form, the County Treasurer
will nerve as Registrar and Paying Agent for the Bonds. The
and Paying Agent for the Bends if the Bonds at any time cease
to be in book-entry only form.
The Bonds maturing on and be£ore J~ly 15, 2002 shall
not be subjec,t to redemption prior to their stat.d maturities.
he Bends maturing on and a£tsr July 15, 2005 (or portions
thereof in installments of $5,000) shall be subject to
redemption at the option of the County ~rlor to their ~tat~d
maturities on or after July 1~, 200~, in whole or in part at
any time, in such order as may De determined by the County
(ex=spt that if at any time le~ than all of the Bonds of a
given maturity are called for redemption, the particular Bonds
or per4;ions thereof shall be selected by lot), upon payment of
the fsi'lowing rnde~ption pricn~ (nx~re~sed a~ a per~entage of
prln=ipal amount of Bonds to be redeemed), together with the
interest accrued on the principal amount to be redeemed to the
date fixed for the redemption thereof:
Redemption Dates
{Both Dates Inclusive~
July 15, 2002 to July 14, ~003
July 1~, ~003 to July 14, 2004
July 15~ 2004 and thereafter
(Percentaqe of
Principal A~ount%
101
100
If any Bond (or any pc~tion cf the principal amount
thereof in installments of $5,000) shall be called for
~ed~tion, notice of the redemption thereof, mpesifying the
dat~, n~mber and maturity of each Bon~, the date and place or
places f~xed for its redemption, the pre~iu~ if any, payable
upon such redemption, and if less thaa the entire princlpal
a~ount Of s~ch Bond i~ to be red~em~d, that such Bond mu~t bc
surrendered in exchange for the principal amount thereof to be
redeemed and a new Bond or Bond~ izzued equalling in principal
amount that portion of the principal amount the~eo~ not to he
red~e~d, ~all be mailed not less than thirty (30) days prior
to the date fi~ed for redemption by first class mail, postage
prepaid, to 'the registered owner of much Bond at his address
as i= appears on ~he books of registry kept by the Registrar
for the Bond~. The Regimtrar shall not be required to ex,hangs
or transfer any Bond later than the close of business on the
forty-fifth (4~th) day aext preceding the date fixed for
redemption of ~uch Bond o~ any portie~ thereof. If notice cf
the redemption of any Bond shall have been given a~ afore=aid,
and paymsnt cf %he principal a~ount of such Bond (or the
portion of the prlnc~pal amount thereof to b~ r~d~ed) and of
the accrued in,eras% and pr~mium~ if any~ payable upon such
redemption shall have bean duly made or provided for, interest
book-entry only form, any notice of ~edempt~on will be given
only to DTC or it~ nominee. Th~ Coua~y shall not be
responsible for prov~dlng any beneficial owner of the Bonds
with notice of redemption.
SECTION (3) Appointment of Registrar: PaY3Aent o~
(a) Ammo~ntment of Registrar. The County Treasurer
at his office at Chesterfield, vir~inla, in hereby a~Dointed
92-9~8 I1/~/92
R~gistrar for the Bonds (hereinafter referred to. as th~
(~) Pa_vment of Bonds. i) ~ any time'during which
th~ Bonds of any ~riem mhall be in fully registered form, the
interest on ~he Bondo of much series Mall. be payable by check
or draft mailed by the R~gi~trar to the registered owners of
the Bo~ds Of s~eh series at their addresses as the same appea~
on the book~ of registry a~ of the record da.to for the payment
of interest on the Bond~ of such serie~ aBd the principal of
au~ premium, if any, on the ~en~o shall be ~ayable at the
ii) At any time during which the Bonds of any
oerle~ shall bo in book-entry- form, the principal of and
premium, if any, end interest on the Bonds of such series
shall be pmyable in accordance with the arrangements made wfth
the depository for the Bonds of such series.
iii) The principal Of and premium, if uny, and
interest on the Bonds ~halI h~ payable in such coin or
currency of the United States of A~erica as at the respective
dates of payment is legs! tend~ for-public an~ private
(c) Books of Re~i~t~V~ E~onan~es ,and Transfers of
~onds. vi) At all time= during which any. B~nd 'remains
h~ k~pt at it~ principal office in Chesterfield, virginia,
books of registry fe~ the r~gist'ration~ exchange and transfer
C£ the Bonds. Upon presentation at the prine'ipal.oS£ice
the Registrar fo~ ~ueh p~Epose, the Re~istrar~ under such
reasonable regulations as it may prescribe, shall
exchange, transfer, or cause to be registered; exchanged or
transferred, on the books of registry the ~onds as h~r~in so:
forth, pr~vld~d, however, that the Registrar shall not. be
re~uired to do se with respect to any Bond after the close of
business on the forty-fifth (45th} day next preceding any dat~
fixed for ~he r~d~mption of sush Bond or any portion thereof.
ii) Any Send may be exchanged at the principal
off~o~ of the Registrar for a Ilks~ aggregate principal =mount
of such Bonds in other authorized pr~nclpal amounts of' the
same interest rate and maturity.
iii) Any Bond ~y, in'.:~accerdance with it& terms, be
transferred upon the hook~ of r~gistry by the Darken'in
name it i~ registered, in person or by his dul~ authorize~
agent, a~on surrender of such Bond to the Registrar for
cancellation, accompanied by a written instrument o£ transfer
duly exeouted by the registered owner in person or his duly
authorized agent~ in fer~ satisfactory to the Registrar.
iv) All transfers er exchanges pursuant to this
Section 3(o) shall ba made without expense to the holder of
~uch ~on~s, except a~ otherwise herein provided, and except
that the Registrar shall require the payment by the h01der
the Bond requesting such transfer or exohange of any tax or
other governmental cha~ges required to be paid with respect to
v) All Bonds surrendered pursuant to this section
3(c) shall be cancelled.
SECTION 4. ~xecutien and Authsntlcat~on of Bonds;
CUSIP Identif~a%.ion ~umbers.
(a) Execution of Bonds. The Bonds shall be ~xecuted
in the name uf the County by the manual Or fmosimile
signatures of the Chairman of the Board of ~upervisers, and
UIi ~ I ~L .... L J L ,
the corporate seal of the Board of ~upervisors shall be
im~ze~med, or a facsimile thereof printed, on the
attested by the man,al O~ fa¢~in£1e signature of the Clerk of
this Board.
(b) Authentication of Bonds. T~O County
Administrator shall direct the Registrar to snthenticat~ the
Bonds and no Bonds shall be valid or obligatory for any
purpose LLr~i~ and until the certificate of authentication
endorsed bn such Bond shall have been manually executed by an
authorized signatory o£ the Registrar, Upon the authentication
of any Bo~d the Reqistrar shall insert ~n the certificate of
au~henti~atiun the date as of which such ~ond is
as follows: (i) if the Bond is authenticated 'p~ior to the
of the date the Bonds are delivered to and paid for by the
initial purchasers ~hereof; (ii) if the Send is authenticate4
upon an interes~ payment date, the certificat~ shall b~ dated
as of such ~nterest pa~rment date; (iii) if the ~on~ is
authenticated on or after the record date for the payment of
interest on the Bonds and ~rior to such interes~ payment date,
the certificate shall be dated as of such interest payment
date; amd (i~) in all other instances the certificate shall be
dated the ~ate upon which the Bond is authenticated. The
execution and authentication cf tnt Bends in ti~e manner above
set forth i~,adopted as a due and suffisient au~hentigation of
the Bonds.
..
(c)- CUSIP Identificstisn Numbers. CUSIP
identification uu~bers may be printed on thc Scuds,
neither the failure to print any ~uch number on any Bondm, nor
any error or .omission with respect thereto, shall constitute
cause for failure or refusal by the successful bidder for the
Bonds to acce~t ~ulivery OS an~ DaY Sot t~e Bonds in
accordance .with the te~ of its proposal to purchase the
~onds. ~o each number shall constitute er bo deeme~ to be a
part of any Bond or a part cf the contract evidenced thereby
and no lla~illty shall attach to the county or any o~ its
officers o~ agents because of or on account of any such number
or any use made thereof.
SECTION 5. Tax Covenant. The County covenants and
agrees to comply with the provisions of Se=tlons 103 and 141-
150 cf the Internal Revenue Code of 1986 and the applicable
Treasury ~egulation$ promulgated thereunder throughout the
te~ of the Bonds,
SECTION 6. Sources of Payment of Bonds. The full
fa.ith and credit of the County shall be and is hereby
irrevocably pledged to the punctual payment of the p~in~ipal
shall be levied and collected annually, at the sa~e time and
in the same marker as other taxes are assessed, levied and
collected, ~d valorem taXe~ upon ~11 ~roperty ~ubjeet to
taxation by ..the County, without limitation as to rate or
amount, ~ufficient to provide for the payment of the principal
due and payable.
SECTION 7. Form of Bonds. The Bonds shall be in
appropriate variations, omissions and insertions as are
incidental to their numbers, interest rates and maturities or
a~ are otherwise permitted or required by law or this
rsselution:
%~ITED STATES OF AMERICA
CONMON~tLTR OP VIRGINIA
COUNTY OF CHESTERFIELD
G~RAL OBLIGATION PUBLIC IMPROVEMENT BOND
SERIES OF 1993
I~GIST~P~D '~EGIST~R~B
Ne. R- $
INTEREST RATE: Y AT : BATS OF BOND: CU$~
.NO.:
__% · UULY 1§, -- NOVEMBER l~, 1992 ~66~93
REGISTERED OWNER:
PRINCIPAL AMOUNT:
The County of cheets~flsld (hereinafter referred to
as the "Co~ty"), a political ~ubdivision of the Commonwealth
of Virginia, for value receivad~ hereby promises to pay to the
Rugi~t~red Owner (n~med above}, or registered assigns,' Cn
~aturity Date (specified abo~e), Unless this Bond ~hall ~ave
been duly culled for previous redemption end payment of the
redcmptien price shall have been duly made or provided for,
the Principal Amount (specified above), 'and to pay interest on
~uoh Principal Amount on JUly 15, 1993 and ~amiannually on
each January 15 and July 15 thereafter from the date h~r~of
~rom the interest payment 'date next preceding, the date
authentication hereof to which interest ~hall have been paid,
unless such date of authentloatipn is an interest
date, in which ca~ from such interest .payment date
i~terest has been paid to such date, or unless snch date of
authentication is within the period from the sessn~ day ef the
month preceding the intaremt pa~rm~nt date te such interest
pasrment date, in which ease fram ~oh interest Rsyment date if
interest has been paid to such date, until the payment of such
Principal A~ount (each such date is hereinafter referred to as
an interest payment date) at the Interest Rate (specified
absvu) per annum, by check or '~aft mailed'by the Registrar
hereinafter Eentioned to the Registered Owner h~reof at his
Registra~, at the close cf business on the ~irst day Of the
month preceding the interest ~ayment da=e.
The principal of and premium, if any,' on this Bond ars
payable upon presentation and surrender hereof at the office
of the County T~eas~rer, in Chesterfield, Virginia . (the
"Registrar"}. Th~ principal' of an~ premium, if any, and
interest on th~s Bond ere payable in ~uch coin cz ¢~renCy of
payment is legal tender for.public and .private debts.
This B0~d im One Of a ~duly authorized issue of Bonds
(herein referred te as the "Bonds") of :h~ aggregate principal
amount of forty-nine million six hundred seventy fiv~ t~0usand
dollars ($49,675,000) of llke ~ate and tenor herewith,
for number, deneminatiem, i~tarest rate, maturity and
rudemptlon ~rsvlslonm, and is~'~ssued far the purpose of
financing the costs of various capital improvement projects of
and for the County~ under and pursuant to and in full
compliance with the Constitution and statutes of the
.commonwealth of vlrglnla~ inclu6ing Chapter 5.1 of Title 15.1
of the Code of Virginia, 1~50 (the same being the Public
Finance Act of 1991), an .eT~cti0n duly held in the county
under such Chapter S.1 om N~ve~ber ~, 19R~, and resolutions
11/24/92
duty adOPted by the Board of supervisors of the county under
such Chapter
Th~ Bonds of the ssrles cf Bonds of which this Bond is
one maturing on or before July 15, 200~ shall not be subject
to redemption prior to their stated matu3cities. The Bonds cf
the ~ar.le~ of Bond~ of which this Bond i~ one (or port~on~
thereof i~ installments cf $5,000) maturing on and after July
1~? ~00~ shall be subject to redemption at the option of the
County prior to their ~tatad maturities on or after July 15,
2002, in whole or in part at any time, in such order
determined'by the Co%u~ty (exaept that if at any ti~e les~ than
~artieala~ Bomds or portions T~e~e0f to be redeemed shall be
selected by tho Registrar by lo~}, upon payment of the
following, redemption prices (expressed us u percentage of the
prinnlpal amount of Bonds to be redeemed},
interest accrued on such principal amount te the date fixad
~or the re~emptlon thereof:
Redemption Dates
~Bcth Dates Inclmsive~.
July 15~ 2002 to J~/ly 14~ 2003
July 1O, 2003 to July 14, 2004
JUl~ 15,.20.@4 and thereafter
Redemption Prices
(P~reentage of
Prinoi al An~
101 1/2%
101
100
The' ~ends cf the ~erie~ cf ~end~ cf which thi~ Bond is
one maturing on July 15, 2011 shall be subject to mandatory
sinking fund redemption on July 15, 2011 and on July 15, 2012
in the principal amounts in each year sat forth belowl with
the particular Bond or Sends or portions ~hsrecf to be
redeemed to be selected by lotr upon payment of the principal
amount of the Bonds to be redeemed, together with the ieteres~
accrued on the prlncipal amount to be redeemed to the date
fixed for the redemption thereof:
Year
· (July ~) r' ¢' al o nt
2011 $2,480,000
The County, at its option, may credit against
mandatory sinking fund redemption requirement the principal
a~omnt, of .amy Bends of the series of which this Bond is one
maturing on July 15, 2012 which ~ave be~n purchased and
cancelled by the County or which have been redeemed and not
fund r~demption requirement.
If this Bond or any portion of tko principal a~ount
h~of shall be called for redemp=ion, notice of the
redemption hereof, specifying th~ date, number and maturity of
this Bond,' the ~ats and place or plane~ fixed for its
redemption, the premitl~, if any, payable upon such redemption,
an~ if less than the entire principal amount of this Bond i~
to b~ ~deemed, ~at thi~ Bond mu~t be ~rend~red in exohang~
~or ~e prin~pnl amount hereof to be rede~ed and the
issuance cfa new Bond ~al~ing i~ principal amount that
Do~tiQn o.fthe ~rlnuipal amount hereof not redeemed, ~ha]l be
mailed not less than thirty (30} day~ prior to the dat~ fixed
for redemption by first class m~l~ ps,tags p~epaid~ to the
the books of regist~ kep~ by ~e Registrar. If notice of
red~ption of this Bon~ shall have been given as aforesaid,
and pa~n~ of ~e principal amount of ~is Bend (or the
portion of the principal amount hereof to he redeemed), and cf
the accrued interest and premium, i~ any, payable upon such
redemption shall have been duly made or provided for, interest
hereon (or on the portion of the principal amount hereof te be
redeemed) shall cease from and after the date ~o ~pe¢ified for
redemption.
subject to the limitations and upon payment of the
charges, if any, provided in the proceedings a~thorizi~g the
Bonds of the series of which this Bond is one~-this Bond ~ay
bm exchanged at the principal office c£ the Registrar for a
llke aggregate prlnclpa] mount of Bo~ds of the series of
which this Bond is one, of ether authorized.principal amounts
of the Same 'interest rate and maturity. This- Bond is
hi~ attorney duly authorized in ~Titing, at the priu¢ipal
sffloe ef the Registrar but only in the manner, subject t% the
limitations and upon payment o~ the charges, if any, 9revide4
in ~hs proceedings authorizln~ the Bonds of the ~eries of
which this Bond is one, and upon the s~rrender h~eef for
cancellation. Upon such transfer~ a new Bend or Beads. of the
series of which this Bon~ is one, of sutherlzed denominations
and of the sams aggregate principal amount, witl'be issued to
the transferee in exchange hersfer. Notwithstanding the
fnragoing~ the Registrar ~hall ~et he required 'to exchange or
transfer this Bond later than the clone Of b~$in'ess on the
fo~t~-fifT~ (45th] day next preceding any date fixed for the
redemption of this ~ond or any portion hereof.
The fall faith and credit of Ubs County are hereby
irrevocably pledged to the payment of the principal of and
interest on ~his Bond as t. he same ~ecoms due.
This ~umd shall net be valid or sbligatery unless the
certificate of authenticatien hereon sh~ll have been manually
signed by an authorized si~natnr of the Registrar.
It is hereby certified, recited and declared that all
aet~, conditions and thing~ required to have happened, to
exist and to have been performed precedent to and in the
exlst~ have happened and have been perforlned in re~ular and
due time, form an~ manner as required by law, amd that this
Ben~ and the Bonds of the series of which this Bond is one dc
not exceed any constitutiomal er statutory Iimi~ation Of
indebtednems.
IN WITNESS W~EREOF, the CoUnty, by its Board
er facsimile signature of the Chairman of such Beard; a
hereon, attested by the manual or facsimile signature of the
clerk of such 'Board; and this Bond to ~e dated Nevember 15,
1992.
Attest:
Clerk of the Board of Chail'ma~ of the Bo~rd Of
Supervi~or~ Supervisors
CERTIFICATE OF AUTHenTICATION
This Bend is one of the Bonds delivered pursuant to the
within-m~ntioned proceedings.
Registrar
Authorized Signator
Date of Authentication: ASSIG~NT
For value reoeived, the undersigned hereby
assign(s) and tramsfer(m) unto
sells(s),
(Pleaseprint ar type name and address~ including postal zip
code, of transferee)
PLEASE INSERT SOCIAL SECURITY
OF TRANSFEREE:
the within Sand and all rights thereunder, and hereby
i~evoeebly'~o~stit~teu and appoints ~
attermey, to transfer such Bond on the books kept for the
registration thereof, with full power of substitution in the
Signature(s) Guaranteed
NOT~CR~ .Signature(s) must be 9~aranteed by a member firm of
The New York steak Exchange, Inc. o~ a co~er¢ial bank or
trnst eomDany.
(Signatur. e(s) cr Regi=te~ed Owner)
~0TIC~: The siDnature(s) above must cnrre~on~ with ~he name
of the Registered Owner a~ it appear= on the front of thi~
Bond in eve=y par~iou~ar, Without al~ration or onlargemon~ or
a.ny change whatsoever.
~CTTON h. ~ale ~f Bonds. A S~mmary Notice of Sale
(~h~ "Summary Notice of Sale") of Bonds was publi~hed on
Nov~ber i3, 199~, in The Bond BuyeN, a financial journal
p~bltshed in the city o~ ~w York, ~ew York~ an~ a Detaile~
Notice of S~le ~f th~ Bonds, ~ate~ N0vemb~r 13, 199Z (the
pro~p~ctiv~ purchasers of the Bonds.
~he S~ary Notice of Sale and th~ Detailed Noti~ of
Sale provid~ '~hat s~aled proposals for the p~ohase of the
Bond~ would be =eceived by or on ~half of th~ county, at the
offioe~ of ~e Deputy Catty A~inist~ato~, Room 502, 5t~
Floor, Che~t6~field county A~inis%ra~ion Building, 99Q1
Road~ ~este~field, Virginia 23832, until 11:00 .A.M., ~astern
Standard Time, on Tuesday, Nove~ 24, 1992, at which time
and plaoe all proposals would be ~ubtlcly
accompanied by a certified or ba~ ~a~u~'~ o~
11/24/92
good faith check payable to the order of the County of
Chesterfield~ Virginia, in the amount cf $496~750. the
cf the bidders submitting ss=h such proposal and the true
interest cost to :he County resulting from ·each such proposal
~a~e_.of...~idder True I~tere~t Co~t
Lehman Brother~
Bear Stearns 5.5822% . .
J, P. Morgan 5.~15785%
8~ith Barney 5.642994%
After due consideration of all such propo~alm, the
County Administrator has determined that (a) I_~hman Brothers
(the "Purchaser") is a re,possible bidder; (b) of .the
proposals received, t~e p~opo~al of the Pu~cha~e~ (the
"Proposal") is the propo~aI to purchase the Bonds at the
lowest true interest cost to the County,' determined by
doubling the ~emiannual interest rate (compounded
semiannually) necessary to discount the debt service payments
from the payment dates to the. d~te of the Bonds and to the
~rics bid~ excluding interest accrued =o ~e date of d~live~y;
and (c) the Proposal is the best propossl received, is in
accordance with the p~ovieio~ of the D~ailcd ~otice of Sale
and should be accepted.
The County Administrator ha~ ~eter~ise~ that Proposal,
beimg a proposal ts Du~chase t~e Bonds at the p~ice of Forty-
Mine Million six Hundred Sevsety-light Thousand S~ven Hundred
F6~ty-~WO and 80/100 Dollur~ ($49,67S,T~.80), plus accrued
thereof by the County and payment therefor by the Purchaser
with tbs Bon~s to bear intsrsst at the rates per annum
specified in ~tlon ~ hereof, shall be accepted and the Bonds
shall be =warded ts the Purchaser.
$~CTIO~ 9. official statement: Certificates Concernlnu
Official Statement: Ra~ification. The Chairman Of thi~'Board
and the County Administrator are hereby authorized and
Statement of the Ccunty~ dated as of the date of ~ale,
relating to the Bonds, in substantially the form of the
Preliminary Official Statement presented ~o the meeting Of
this Board at which thus resolution is being adopted (the
'10ffioial Statement"}, after T-he ~ame has bu=n completed by
the insertion of the ~turities, interest rates a~d
details cf the Bonds and by making ~nch other insertions,
ohang~ or correction~ as the county A~miaistrator, based on
the advice of the County's financia-1 advisors and legal
COunsel (including ~end Counsel), ds~mS necessary' or
appropriate; and this Board hereby authorizes the Official
statement and the information oontain~ ~h~reln to he used· by
the p~rcha~er~ in connection with the sale of the Bond=. The
Preliminary Official Statement is "deemed final" for purposes
of Rule 15c2-12 promulgated by the Securities and.
co,lesion pursuant to the Securities E~chenge Act of 1934.
The County Administrator, the Director of Accounting and the
County A~torney are hereby authorized and directed to execute
on~ behalf of the County and deliver to the purchasers one or
more certificates in substantially the formreferred to in the
Official Statement under the caption "Certificates Concerning
Official Statement".
SECTION 1~. Anmlication of Proceeds of Bond~. T~e
proceeds Qf sale cf the Bonds shall be applied as
(a) $1§,0OO,Q~O of the proceeds of ~alm of the
Bond~, being an amount equal to the principal ~o~t cf
the County's General Obligation Bond Anticipation
applied on December 21, 1992 to the payment of the
prSn0ipal of such Notes at maturity.
(b) An amount egual he the interest accrued on
thereof and payment therefor shall be deposited ~n the
County's General Fond and applied on July 15, 1993 to
the payment of a portion of the interest payable on the
Bonds on such date,
(¢) The balance of the proceeds of tho Bonds
to the pu~pose~ set forth in Section 1(o) of this
resolution.
'SECTIO~ ~5. Fillnq of This Re~olutlon. The County
Attorney is here~y authorized and direuted to file a copy u£
this resolution, certified by the Clerk of this Board to be a
true and correct cody hereof, with the circuit court of the
County of. Chesterfield.
SECTION 12. Tnvalidity of ~tion~, Paragraph~,
Clauses-or Provisions. If any section, paragraph, clause or
provision e~ this resolution shall be held invalid er
unenforceable for any rea~0n, the invalidity or
un~nforceability of such section, paragraph, clause or
provision shall not affect any of the remaining portions of
this resolution.
~C~ION 13. Headings of sections. The headings of the
sections of this ~usol~ti0n shall b= solely for convenience of
reference and shall not a~e0t the meaning, oenatruotion,
interpretation or effect of such sections or of this
resolution.
SECTION 14. Effective Date. The ra~olution ~hall =aka
effect upon it= adoption.
Vote: Unanlmou~
NEEDS-PROPOSAL
~l~. Hicheei C~e~nau, Assistant County Attorney, stated the
expires i~ August, 1994 und federal law requires the frunchime
renewal procea~ to occur du~i~g the la~ ~ew years of
£~a~e~is= to determine whether the franchise ~hould be
renewed. He ~urthe~ s=ate~ t~e Cable Television Franchise
Renewal Committee had been appointed by the Board with
repre~en~a=ion f~om each ma~isterlal diatrio~ and was charged
with assisting County staff and citizens in assessing Storer
Cable's past perSermance and determining future cable-related
needs of the County. He introduced the members of the
Committee an~ ~tated they had been instructed to draf~ and
present to the Board the preliminary community Deed~ proposal,
Ha a=at~d ~taff waa recommending the Board accept the
Committee's preliminary report a~d direct st~ff tc fcrmulat~ a
final Community needs proposal which would be the County's
proposed franchi~ agreement and eat a public hearing to
consider r~e final community meade proposal. He th~n reviewed
the history of Ztor~r Cable in the County iucludlng award of
the frpnchise to Chesterfield Cablevimion, Inc.;
92-~36 11/~4/9E
changes of {he company; future ownership structure and how
related to the franchf~e; the impact of deb~ obligations by
Stcrer in previdinq competitive subscriber rates withi~ th~
County; and the federal deregulation and rere~latlon of cable
including The Cable Act and the Cable Television Consumer
Protection a~d Compe~itlon Act of 1992. !~He then reviewed the
franchise renewal ~ooees i~cluding the stundurd of review
re~ulred by federal law. He noted final consideration by the
Bourd regurding the frunchise would take plhce in the Fall of
1993 and introduced M~. Tommy H=wklns, representing' Clover
Hill District on the Cable Television Franchise R~newal
Committee.
~. Hawkins rav~ewsd the technology avaiiable to ~e video
co~unication~ industry and future new cable tec~olog~u~
improve cable systems. He descried the. existing cable system
including Chesterfield Cablevi~ion, Inc.~s pla~t~
technical capability and capacity for progra~ing; ~
of homes within the County c~rently subscribing to cable
s~rvices; it~ pay-per-view services and n~d for
boxes; and rates for full service and prlc~ ~er channel basis
rate~ a~ co~pared to ether ~ur~o~di~g j~r~sdiction~.
~. Daniel in~tructed staff to prepare a listing of the cable
channel~ offered in Fairfax County.
~. Warren note~ th~ limite~ basic rate for cable ~ervioe
Fairfax County offered more ~annels and was le~s
tha~ the cable ~rvlce currently provided in ~e County.
Mr. Hawkins continued to ravluw baslo rates and o~e~
and a~orted f~e~; th~ progra~ing currently offered including
free public~ education and government p~o~i~g; th=
converter and system related problems; the co~pa~iRon of
~e~terfield Cablevision, Inc. wi~ other ~y~t~ in the area
and country and c~rent ~tate-of-th~=~t ~yst~s and,
specifically, as it compared to the City of Ri~ond and the
Cowry of Henrico; and Fairfax County's. ~y~te~ WhiO~
=ons~dered the most sophisticated in the uountry and
Storer systems. ~e then addressed the o0~i~'$ nee~-
reasonable and stabl~ rates and vlable ~tlons for
as ~n incentive to keep rates affordable.
~miness ~nd~r the fran~ise agreement; ~ oompari~oD
County; and the impact of Direct Broadcast Sate11it~
Mr. Gerald Hotman~ representing the Be~da District on
~cope of the Co~ittee's re~iew; re~ests made to Chesterfield
Cablevlslon, Inc. and :heir r~$Dons~s an~, ~ecifically,
i~fo~aticn related to their financial obligations and
co~ittee's findings uf key co~unlty need~ and concerns. H~
stated the Co~ittee ~dertook a v~ry ~xte~ive review of
hi~tory of Chesterfield Cablevision, Ino.'s (cci) operation in
the County and ~elt without full financial disclosure by CCI,
~e County could not ammess ccIts ability to n~e capital
~p~ovement~ to the ~y~tem and keep rates at ~ rea~onabl~
financial info--orion and without any other assurance,
Co~itte~ S~I~ Starer Cable'~ f~nancial ~itua~ion woBld
~ali=y service to the County. Ha reviewed ~e Co~ittee's
92-937
other finding~ amd rscemmendatlons including directing staff
the Committee's preliminary a~sessment for CCI's response and
stated the Board should consider ways of fosLerisg competition
for video services in the County thus bringing better service
Dimcussion, ¢ommantm and questions ensued relative to Nhether
tko award of performance fees, as a method for incentive to
the franchise holder, had been addressed; whether there was a
provision in the original agreement purmltting the County to
audit the franchise h01~er's re¢0rds; and the reason the
infoz~uatiOn reqsested by the Cable Televlsisn Franchise
Renewal'Committee had not been received.
~ir. Daniel stated during the 1985 leveraged boy'-out of Starer
communications, Incorporated~ it had b~en determined that
citizens wer~ paying for debt structure and not cabl~ service.
There was brief dise~$ion relative to wh~th~r the County
could require that all revenue generated on a local basis be
used for local improvements and expansion.
F~. Daniel stated although the Cable Television Franchise
Renewal Co~m~itts~ had completed it~ ori~inml ~oal, he felt the
Committee should'remain in tact and work with County staff
t~eugh the development of the f~&~ehise &g=ee~e~t a~d ~til
~uch tlm~ as t_he agreement is considered by the Board.
After brief discussion, it was the general consensus of the
Board for the Cable Television Franchise Renxwul Committee to
agreement until such time as th~ agreement im considered by
On motion of Mr. Warren, seconded by Mr. McHale, the Board
accepted the Cable Television Franchise Renewal Co~rmittee's
Preliminary community Needs Proposal and set the date of
February 10, 1993 at 7:00 p.m. ~or a public bearing to
oo~side~ the Final CommBnity Ne=ds Proposal.
Vote: Unanimous
~.D. ~OUTH~RN AND WE~TE~N AREA ~LAN
~Lr. Jacsb~on 'stated the ~urpose o~ the work semsisn was to
p~esent an overview on the recemmendation~ and related
ordinances to the proposed southern and Western Area Plan.
Mr. Daniel excused himself fromm the meeting,
Mr. Jacob~on then reviewed the boundaries of the Southern and
Western Area Plan and the fundamental objectives of the Plan
including maintaining si~ificant ae~theti~ features u~ique to
~e southern and weste~ ar~; eet~bllshiDg an ~r~rly,
efficient develo~ant p~ttern instead of allowing scattered
~o~h to happen in a leapfrog manner; prompting balanced
d~welo~me~= so ~hat necessa~ jobs and services are provided
nearby ~e e~panding population; and ensuring a choice of
r~s~d~tial, enviro~ents ~d housing t~es to meet ~e
~anging needs of current and future residents. He introduced
M~. Su6an MoGarry, Principal Planner for the Planning
De~ar~ent.
of time in~d~Rg a lac~ of co~sistency between the planned
rural density and the ~bility to extend public sewer into the
area; s lack of services and jobs provided for by th~ Plan;
leapfrog subdivisions mst being cost effective to provide
public services or precluding future options for econcmlc
development in prime locations; and increasing development
activity along Lake Chesdin which may impact the quality of an
important drinking water source. She reviewed the Visual
Resources Study which idehtified areas of isdenio importance to
tile co~uui~y and the development of Plan recommendations from
this study aimed at proZecting visual reaouree~ and shaping
the land use plan and types of development occurring in the
future.
Mr. colbert exeuead himself fr~m the meeting.
Ms. MeGarry stated the proposed Plan provides for tt~e amount
of land needed in each land use category, to respond to
anticipated population growth and directs .residential grant/9
in areas where it can be most cost effectively served by
county facilities and services.
Mr, Colbert returned to the meeting.
Ms. McGarry then reviewed the recommended road imprev~ents of
the Plan; locations for planned sewer service areas and those
drainage basins designated to accommodate suburbanresidentiel
densities; steam where roil conditions are favorable-to the
u~e of septic tanks; rurul conservation areas where planned
developmen= would be discouraged un=il adequate 9rovieions are
mud= for extension of public water and sewer systen~ road
improvemen=s and other public facilities; where continued
agricultural and forestall uses which would be encouraged
un,er the Plan; the prsposed regional center ~n the vicinity
of B~ande~ Bridge Road including the proposed public
facilities to be located in this area; proposed community
Nixe~ u~e centers to b~ located in the 1-95 andHiokory Road
corridors; the placement of office buildings as transitional
eses next 'to single family neighborhoods; the proposed
locations for neighborhood mixed use centers in the growth
area to provide surrounding neighborhoods, With convenient
access to shopping and services; race--ended locations far
such centers at an intersection of arterial roads or where an
arterial intersects with .a collector road; and incorporation
of ~maI1 offi~e~, day care facilities er other similar uses
into the overall cante~ denign to ~ovide ~n effective
transition to adjacent n~ighborhoode.
~r. Daniel re=ursed to the meeting.
M~. KeGarry continued to review the prepoeed detailed
intersection plans for service e~eas prepared for the
Harrowgste/~sp~y Hill and the Wints~osk/Bea~h Road areas.
~he explained the development reco~endat~on~ a~ ~tated the
intent was to provide g~idance for public facilities and
services expenditures. Rhe r~viewed ,infill development
continuing in established communities and bueine~ oorridor~
where public facilities aa~ services' are generally available;
planned mew development being encouraged adjacent to infill
area~ including new public facilities to maintain adequate
development area to the west being consistent with the land
Mr. Warren e~oumed himmelf from thc mc=ting.
no~ be encouraged within the next twenty to thirty y0ars and
development from taking plaoe.
These was brief discussion relative to the County's water and
~ewer policy and how it would apply ts this area.
M~. ~c~arry then reviewed future land use recommendation~ for
build out of the deferred development area' and explained
premature development must be deferred here unless adequate
provisions are offered by private developers for the extension
Qf publi~ wa%er and sewer systems and other pnbIic facilities.
She reviewed the public facilities plan and stated additional
capital investmen= in schools and fire stations, parks,
libraries, re,cilag centers, roadm and utilities would
required to adequately serve lon~ term and new residents and
logically guide sxpen~itu~es for ~apital facilities.
Mr. Janobson stated staff and the Planning commission were
recommending discouraging growth in the far western area due
to ~he cost o~.providing public service and, therefore, were
recommend.lng encouraging growth in ~ertain areas and
dlscoursglng growth in other area~ to minimize the co~t cf
delivering public services and providing guidelines in
of t~h. e method in which the County would grow and develop.
Mr. Warren returned to' the
Mr. Jacobsen '.then ~eviewed tse D~oposed ordinance changes
including increasing the fron~ yard setback within houses that
a~c built within the agricultural district; adding a provision
~e %ho. Zoning Ordinance ~o guide new dsvelopmen~ from
degrading scenic resources; changes to the R-BO zoning
dimtrlct to allow uD to one additional residential lot for
each acre of valuable open ~pace permanently pre,erred;
requiring new ~veloDment to con,eot to Dublio water and~ in
certain areas, to public gewer; and changing the definition so
that subdivision rules apply to parcel division~ having loss
than 600 feet of~road frontage.
Di~cu~gion, comments and guestions ~n~e~ relative to
roadstripping and the need to properly control roadst~ipping
in order to effectively plan for the future.
ordinances including adding a requirement to. design standards
that visua~ ~ssources identifisd in the Plan be protected
amenities 'and mandatory utilities connections. ~e then
introduced M~."~ar~y Marsh, Ptanninq Commissione~ rep=eUchring
Matoaca District.
F~r. ~ur~h stated upproximately six meetings h~va been held in
~ateaoa D£s~i~t to receive eltizen input ~nd the
Pl~ ~nc~mpassed approximately one half of t/lo land within the
County. He further she=ed the proposed Plan would address the
needs of the cgmmunity for future growth ~nd r~viewed the
areas in which public water and sewer would be re~ired; the
areas deslgnat~d for th~ R-gR type develop~ent; a~d the far
appreciation to the Board for the Opportunity to address this
~- Ph&~lip C~nningham, Planning Commissioner representing
Bermuda District, stated numerous' meetinqs have been held in
Bermuda Distrist to receive citizen input and reviewed the
Plan as it ~e~ated to Bez'mnda District and, specifically, the
intersection of Happy Hill and Harrowgate Roads relative to
viclni~y of B~a~ders Bridge Road. He noted the Plan had been
adopted unanimously by the Planning
92-949
A£~er brie£ discussion, ~r. Colbert made a Motion, seconded by
Mr. Mc~ale, the Board set the date of February 16, ~99~ at
7:00 p.m. for a public hearing to consider the southern and
Western Area Plan and. related ordinance'amendments.
When asked, Mr. Ua¢obson stated the preposed Plan would
provide a guide for ne~ zoning requests .and noted th~ Plan
exempted existing zoned .property from th9 new development
regulations.
Mr. Daniel called for the vote on the motion made by Mr.
Colbert, secun~e~ ~y Mr. MoHale, for the Board to' set the d~te
of Feb~ary 10, 1993 at ~:00 p.m.'.for a public hearing to
=onslder the southern and Western Area Plan and related
ordlnanee amendments.
Vote: Unanimous
~.B. OUARTZRLY P~FO~4ANCB REPORT AND PRE-BUDgET KICK-OFF
Mr. Stegmaier pre~ented a b~ief fi~aneial overview of theFYP~
budget and stated due to an improvement in revenue and cost
savi~gs above th0me a~tici~ated, there was 'an increase of $$'.6
mlillon in the general fund[ balance ~n~ this positive result
was reflected in thc bond ratings received by the County. ' Ne
further stated ~hilc mos~ County departments are. operating
with reducxd staffing and lower operating costs., workload
p~r~or~anoe 0o~in~ ~o increase, and for the first
for FY93, th~ County was experiencing increa~e~ in per~0nal
~en asRad, Mr. ste~aier ~tated at ~e pre~ent time, the
additional $3.6 millio~ weal4 gQ into ~e fund balance
stuff wa~ reco~end~n~ the Board designate a portion of
fund balance ~o go to Reserve for ~ture Ca~i%~l ~rojects w~
~e fund balance remaining at 7.5 percent. ~e noted thi~
wou~d reduce the f~d. balanoe from $19 million
approximately $18.4 milliom with $600,000 going into
Re~e~e for Future
After brief discussion, ~. M=~ale made a motion, seconded by
~r. Warren, for ~ Board~to t~ansf~r fund balance i~
of T.~ percent ($661,~0) to ~e cIP Reserve.
S=hoot System for ~e Board to con~ider appropriating funds
appropriate method in which the Board should addrems this
M~. Oaniul calle~ ~o~ ~ vote on the motion made b~
Mc~ale, seconded by ~r. War~n, fO= the ~oa~ %o transSer
batmnce in mxc~s~ of 7~5 percent ($661,550) to ~
Vote: Unanimous
~.~. CQNSIDEP~%TION O~ ADDITIOSrAL 8H~I~/SWESL
Mr, ~ioas stated staff would present rec~mendations tO the
~oard for consideration of ad~itiQnal shrink/swelL soil
at its regularly scheduled meeting On Becember 9, 1992.
On motion of ~L~. McHale, seconded by ~. Colb~t, ~e Board
def~rr~ a work ~essiun regardln~ oo~ideration of additional
~i~/swei1 soil issues untll D~c~r
r~gularly scheduled Boa~d meeting would be held at 2:00 p.m.
6.B. ADOPTION OF 1993 LB~ISLATIVE
Mrs. DeSsert r~viewed ~h~ propo~ed.199S Legi~lativ~ ~rogram amd
joint work session' held on No,ember 12, 1992 with ~he
Legislative Delegation. ' She reviewed additional items
supporti~ legislation that would provide sovereign
to ~e Rive~ide R~gional Jail A~thority and ~e study o~ any
legislation int~oduoed ~ga~dinq local tax-ex.pt
develo~ent bonds". ·
Discussion,' oo~en~s and ~estions ensued relative
reco~ending ~e ~tudy cf any legislation introduced regarding
local tax-exempt "co.unity d~velopm~nt .bond~" and the
~ece~ndation by ~taff.
~. D~art then r~iewed an additional item to ~ppo~t the
r~est of ~vi~iGus Pr0JsGt Association, Inc. for
statum and to s~ppo~ propose~ revisions to State statutes
governing ~ingo and raffles.
Discussion',' co.eats an~ questions ensued relative to
proposed regional agenda supporting proposed revisions
as it related to ~e County of ~e~co wi~drawlng due to
~d ~ury investigation and it was generally agreed to
wi~aw thi~ item from the regioDal ag~n~ and ~uppor% it on
a local level.
~. Ramsay noted t~e participating localities ~ave met to
review ~e regional legislative program and reviewed amending
Title 5.1' ~f the Cod~ to allow a law enforcement
int~=vene .under his or her authority as a law enforcement
uffic~ when. obserying a felonious act, regardless
jurisdictional, boundaries; ~e ~tate rei~ursing localities
for 50 percent of const~ction, enlargement or renovation
regional jail~; an~ the State granting equal taxiDg a~thority
to coun%ieS, cities and
~ere ~aa''brief dis~ssion relative t0 t~e proposed ~egi0nal
legisla~i=e ite~ would be carried forward and ~ubmitted for
On motion of Mr. HcHale, seconded by Mr. Warren, the Board
adopted the proposed 1993 Legislative Program, (It iF noted ~
copy cf the 19~ Legislative Program is filed with the papers
of this Board.)
Vote: 'Unanimous
On motign of Mr. McHale, seconded by Mr. colbert, the Board
approved the following street light installation oost
a~rovals, due to health, safety and welfare reasons~ with
said funds to be ~xpe~ded from the Bermuda District
Strmetli~ht Ac=cunt:
* Trooly Road, pole ~PL93
No cost to inmtall light. :
* Treely Road,'pole ~PL73
NO cost to install light.
* Treely Roadw pole ~PL41
No cost to install light.
And, further, the Board denied a request in the..vicinit~ of
Jarrett cirole at end of cul-de-sac, in the Matoaca
Magizterial Dimtr£ot, a~ the request did not meat minimum
criteria for intermection or vehicles per day.'
Gn motion of Mr- ~arber, seconded by Mr. Colbert, the Board
suspended its ruben to allow simultaneous nomination/
appointment at this time of a Nr. Glen M. Hill to ~rve on
nehri~ Manifest Appeal~
Vote~
On motion of-Mr. MeHale, seconded By Mr. Colbert, the Board
rescinded the previous appointment of Mr. Mu~= Parker to
Mr. Glen A. Hill, representing the County at-large, to serve
om the Debris Manifest Appeals Board, whose te~m is effective
immediately and will expire October l~, 1994.
6.D.2. NOMINATIONS TO BOARDS AND COMMIT~H8 WITH
COMMUNITY SERVICE~ BOARD
Cn motion of Mr. Daniel, s~o~ded by ~r, colbert, the Beard
suspended it~ r~le~ ~o allow simultaneous nomination/
rcappointmen~ at this time of F~rs. Mary Leu Cowles and Mr.
Bernard Pete, representing Dale District, ~o ~mrve on the
C~mmunlty Services Board. ' ' '
vote: Unanimous
On motion of Mr. Daniel, seconded by Mr. Colbert, the Board
n~minated/reappointed Mrs. Mary ~U Cowles and ~. Ber~d
Pete, rep~a~ti~g Dale District, to ~erv~ on ~e Co,unity
Service= Board, who~e t6~s are effeotive January 1, 1993 and
will expire Deco,er 31, 1995.
Vote: Unanimou~
Mr. Colbert ~ted the vacancy for a member to ~epmement
Matoaca Bi,triG% should revert to Clove~ HiltDis~ict' us his
District had representation for the past year of ~ee m~rs
(o~e me~ber originally app0i~ted to ~rve for clover ~ill
92-943 11124/92
It was no{ed Consideration of nominations for a representative
from clover Hill District to serve on the CoYmmunity Services
Board ~o~%d be ~arrled aver the December 9, 1992 meeting.
JOHN TYLER~COBDg3NITY COLLEGE LOCAL BOARD
On motlo~ of Mr. Warren, ~eoondsd by Mr. Barber, the Board
suspende~ its rules to allow simultaneous nomination/
appointment et this time of Mr. Samuel A. Nixon, Jr.,
representing the County at-larger to serve on the John Tyler
Community College Local Board.
Vote: Unanimeu~
On motion of Mr! Warren~ seconded by F~. Barber, the Board
nominated/appointed /~r. Za~uel A. Nixon, Ur. to ~e~e on the
John ~ler Co--unity College Local Board whoso te~ is
effec~iv~ January 1, 1993 and wilt u~ire December 31, Z99~.
vo~e: Unanimous
~IAYMOI'~f FouNDATION
It wus noted consideration of nominations for a r®pr=s=nt=tive
%o eerve on ~ho ~aymon= Founda~ion woul~ ~o carried over
the December 9, 1992 meeting.
P~RS0KNEL_ApPEALS BOARD
On notion of Mr. Cslbe.rt, seconded by Mr. Mo~ale, th~ Board
~u~pended itg rule~ to allow simultaneous nomination/
~eap~ointment 'at this time of Ms. Lind& Lafocm to ~e~ve on the
Personnel Appeals Board.
Vote: Uaanimou~
On motion of Mr. Colbert, seconded by Mr. NoHale, the Board
nominated/reappointed Ms. L~nda Lafoon, representing the
County a~-lar~e, ~o s~rve on the Personnel A~peals Board,
whose term i~ effective January 1, 1993 and will expire
December 3l, 1995.
vet=: Una'n£m~us
$OLID,,.WAST~ ADVISORY COMMITTEE
On mot.ion 'of, ~. ~c~ale~ ~eoond~d by ~r. Colb~rt~ th~ Board
suspended 'its rules to allow, simultaneous nomination/
reappolntment at thi~ time Of repre~entative~ to ~erve on the
Solid Waste'Advisory Committee.
~ote: Unanimous
On motion~ of'Mr. McHale, seconded by Mr. Colbert, the Board
nominated/reappointed the £0110wing po=sons representing the
de~i~ated Dietricts to s~ve on th~ Solid Waste A~v~sory
Co~ittee, whoue .%a~s .ar~ ~ff~ctive January 1, 1993 an4 will
Beluga Di~t~i~t
~r. carl~.Haye~
9Z-944 11/2~/92
Dale District
~r. Ray L. Cash
Mr. Jan Vegt
Clover Hill District
Mr. Bill Barthlow
lit. Hugh C. Hawthorne
Matoaoa District
Hr. William Parrish
Mr. Ralph Rowlette
Fir. Miuhsel Murphy
Me. Jill Quinley
vote: Unanimou~
On motion of Mr. Colbert, seconded by Mr, McMale, the Board
suspended its rules to allow simultaneous nomination/
reeppointment at this time e£~ir. ~ack Homer, as tlle citizen
at-large, amd the Honorable Whaley M. Colbert, as the Board
representative, to se~-~e Oh the solid Waste Advisory
C~ittee.
Vote: Unanimous
On ~etion of Mr. Colbert, saconded by ~r. Mc~ale, the Board
nominated/reappointed Mr. Jas~ Morner, as the citizen at-
large, to serve on the Solid Waste Advisory Co~ittee~
term is effective January 1, 1993 an~ will expire December
1993.
nomlnated/a~peinted the Honorable Whaley M. Colbert, as the
Board representative, to serve on the Solid Waste Advisory
committee~ whose term is effective January 1, 1993 and will
e~pire De,ember 31,
Vote: Unanimous
6.B. ~ONSENT ITEMS
set ~he da~ of January 13, 1993 at 7:00 ~.m. for a puhi~c
Service for E-911 Systems and Article IIIr Consumer Ut~l~tles
Taxes, Cede of the County of Chesterfield, I97S, as amended,
e.E.2, AWAKD OF FKOFZSSIOEAL SERVICES COET~ACT TO C~MP-O-DOEE
ASt~r brief ~iscussion, on :motion o~ Mr. C~l~rt, seconded by
McHala, the Board awarded a profe~sionai s~rvices contract
Comp-U-Dose Pharmaoies~ for a period not to exceed five
92-945 11/24/92
years 'with an ~stimated annual valno to the vendor of
a~pruximately $~00,000, to pr~vid~ drugs an~ other
phurmuceuticul ~ervices tO the reside~t~ of the Chesterfield
county Lucy corr Nursing Home. (It is noted the cost of
phermaoeutioal products provided to the Nursing Home residents
are billed directly to the resident or responsible party and
other third party payor~ -- i-~. N~dlcald, Commercial
Insurance, etc. -- by Co~p-U-Dooe and the actual cost to the
Nursing Home 'under the terms of thi~ contract will be
negligible.)
Vote: Unanimous
PARTi~ERSHIP
On motion of ~. Colhert~ ~econded by Mr. McHale, the Board
authorized the County Administrator to execute a written
waiver of the 'provisfen~ contained in section 1.3.a. of the
A~rport Industrial Park Protective Covenants to R~d Oak
Associates Limited PartnershiD for t/~e ~evelopment of a
108,000 square fo~t distribution facility to be leaesd to
Correctional Ent~-prisos, a division of the State Deportment
cf Corrections, for the cunveyancu of ~.~7~ acres i~ the
Airport Industrial Park.
Vote: Unahimous
On motion of Mr. Colbert, seconded by Mr. NcHale, the Board
adopte~ the following resolution:
WHEREAS,'eenservatlon or the saving, prctectlng, preserving
of our natural resource~ should claim the deep and considered
concern of every Datriotlc citizen of the county; and
W~BREAS,' ~ome provision must be made for wildlife if is to
continue to exist.
NOW, THEREFOR= ~ IT RESOLVED, hy the ~oard of
of chesterfield County, Virginia, that ~e entire area along
~u~en~t sD{ings Road ~ designatsd as a Bird Sanctuary.
~at it sha'll ~e unlawful to trap, hunt, sho~ or attempt to
shoot o~ molest in any manner any bir~ Or wild fowl or to rob
bird bests u~' wild fowl ne~ts. Provlded~ hcwever~
starlings o~ similar bird~ are bound to be congregating
nuisance or menace to health or property in ~e op~n~on of ~e
~e Audu~n .Society, Bird Clu~ Garden Club or Humane
of Huguenot'.Springs Road, after having qiv~ at least three
day~ actual notice of the time an4 pla¢~ ~f ~aid meeting
~e ~epresentat~ves of said
If as a ~emult of ~aid me,ting ~o satisfacto~ alternative
i$ f~und to abute such nuis=nce, then said birds may be
dec,Dyed in's~ch numbers and in such manner as is deemed
~a C~ief of P~lice of ~e County of Chesterfield.
P~issi~n i~ hereby ~anted to the MidlotSian Sarden Club
to place, subject to the reput~i0ns of the virginia
Department of Transportation, mnitable plaques along HugueDot
Springs Read s~atlng that the vicinity aleut Huguenot Springs
Road is a Bird. Sanctuary,.as an appeal an~ reminder te tourist
and native alike. ,
~.E.S. REOUE2~$ FOR BIN~O;RAFFLE PEP/(iTB
On motion of ~Ir. Colbert, seconded by F~ McHale, the Beard
approved requests for bingo/raffle permits for the .following
organizations for calendar year 1993:
Woman of the MooseMancheeter-
Richmond Chapter ~1078 Raffle
Forty ~cmes Et Eight Chevaux,
VoituTe 1530 Bingo/l%uffle
Vote: Unanimeus
On mo%ion ef Mr. calvert, seconded by Mr. McHale, the Beard
in the ameunt of $108,541, for replacement ef eighteen inch
and thirty-siX inch gravity sewer lines that are deteriorating
Cre~k S~wer Line Rshabilitatlon Project; authorized the
transfer of $4~000 fram the Sewer Facility. Rehabilitation
Account to Amht~n Creek Sewer Line Rehabilitation Acoo~nt; and
authorized the County Administrator to execute the neceeea~f
documents, {It i~ noted said funds will come from the Ashton
Creek Sewer Line Rehabilitation Acceunt.)
Vote: Unanimeus
· .~.T. ~PReV~L OF CHANGE ORDERS
~.~.?.a. FOR ~E~/~UDA HUNDRED S~w~R SERVICE A~EA PROJECT
on motion of Mr. Colbert, seconded by ~r. McHale, t~e Boa~d
authorized the County Administrator to execute a Change Order
toCastle Equipm~nt Cerporation, in the a~ount of $23~592.75~
for the Bermuda Hundred Sewer Service Area ~roje~t add
authorisad the County A~m~nls~rater to execute the necessary
desument~, lit i~ noted approval of this change order allows
clone-out ef %he project and the remaining fund~ will be
returned to the property owners who have oontri~ted fund~.)
~.E.7.h. FOR FUEL TA~K EEP~CEHE~. P~SE I. ~T SWT~_~R~EK
On mo~ion of Mr. Colbert, seconded by Mr. McHale, the Board
a~thorized thc County Administrator to execute a Change Order
to Environmental Reetoratlun Corperatien~ in the e~onnt ef
$20,500, for Fuel Tank Replacement, Rhase I at swift CTeek
Plant; authorized the transfer of funds; and authorized the
92-947 11/24/92
is n~tm~ said ~un~s will ~om~ from ~he current Capital
Improvement Budget in Water Reserve for Rehabilitation.)
Vote: Unanimous
~.E.?.a. PeR ~UPERVIBORY C(~NTROL ~ D~T~ ~CQUISITION SYETEM
FOR T~E WATER DIBTRIBUTiON ~Y~TFH
On motien ~f Kr. Colbert, seconded by F~T. HcHale, the Board
authorised th~ County Administrator to execute a Change Order,
monitoring and control of water distribution'facilities to add
an eighty foot radio tower at Happy Hill Pump Station site, to
add digital tank level indicators at tank site, factory
training ~xpenses for operations personnel and factory
acceptance te~t e~pen~e~ and radio ~uh~y~tem modlficatlon~;
and authorized the County Administrator to execute the
necessary doo~ments. {It is meted ~aid fund~ will come from
the capital Improvement Budget Account.)
8TONELEI~H SECTION - LOT8 1-4. BLO~K ~ ~ LOT
FLOCK A, RFSU~DIVIBION OF LOT 41. FLOCK A AND LOT
BLOCK 2
O~ ~otio~ Of ~. Colbert, ~C~nded by Mr. ~cHale, the
up,moved u utilities contract for Reeds Landing, s~onel~i~h
Section - Lots 1-~, Block F and Lot &0, Block A, Remubdivimion
O~ Lot %1, Block A a~ ~t 1, Block ~, Co,tract ~m~e~ 92-
015~, am followm, whi~ project includes an offmite
consisting of t,7~ L.F. ~ of eight inch wastewater line~
where 400 L.F. ~ is offsite and motorized the County
Developer: Reeds Landing Corporation
Comtrac~ ~ount: Emtimated Total - $ 44.253.00
To~al Estimated County Comt:
Wamtewater (0ffsite) - $ 4,856.68
(Rmfund ~ru connections)
Code; (0frei=e) -
District: Midlothian
authorized the Chairman of the Board and the Ccnnty
Electric and Power Company to provide power service to the
e~eoute tha, necessary deed. (It is noted a copy of the plat
is filed with the papers of this Board,)
92-948 11/24/92
6.B. lO. ~DOPTION OF RE~OL~I~N_D~SCONTILr~ING A PORTION OF
BELMONT ROAD° RO~TE 651
On notion o~ ~r. Colbert, seconded by ~r. ~¢Hale, the Board
udopted the followingre~lutioe
WH~REA~, construction of ~elmont Road Relocated ~d ~ite
Pin~ ~oad ~tended ha~ been o~ple~ and approv~ by ~
~tate ~i~hway Co~issioner and necessitates chang~ i~ the
NOW~ TH~EPO~ BE IT RESOLUED~ that portio~ of the old
l~ation of Belmont Road as ~ho~ once plat has .been. altered
a~d is to be discontinued from the Secondary System of State
of 1950, a~ amemded.
(It is noted a copy of the plat is filed with the p~p~r~ of
this Board.)
6oB,11, ~CBFTAN~E5 OF FAR~LS OF Ll%ND
On notion of ~. Colbert, ascended ~y Mr. McHale, th~ Board
Dural and authsrized the County Administrator to exe=ute~e
~ecessary deed, (It is noted u copy of the plat is filed with
Vote: Unanimous
6,E.11.b. ALON~ HULL 8TR~T RO~D ~RGM ~. R. W~LDROR~ IXT ~
G. M. HILL
On motion o£ Mr. Cel~ert~ ~ecnnded ~y ~r. McHale, the Beard
accepted, on b~hal~ of %h~ County, the conveyance 0£ a .1S7
acre parcel of land along Mull Street Road from G. R. Wald~op,
III and G. M. Hill and authorized the County Administrator to
execute the n~c~ary deed. (I~ is noted a copy of t/%e plat
is filed with the papers of this Board.]
Vote: Unanimous
6.~.1X.=. NORTH UP WYLDERO~E RO~ FROM ~OM~9~RVILLB
On motion of I~r. Colbert, sessndsd by Hr. McHale, ~e Beard
accepted, on b~alf of the County, the conveyanc~ of 1.65
a~e$ of .land nor~ of wylderose Road from So~ervitle
Development Co~pu~atium and authori~ th~ County
copy of the plat is filed with the papers of this Board.)
Vote: Unanimous
On motion of Kr. Colbert, seconded by Fir. McHale, the Board
set =he d~te 'of December 9, 1992 at 7:00 p.m. for a public
appropriate $2,B57,?~0 from the Re~evve for Future Capital
Projscts for a jell annex project and award of.a construction
Vote: Unanimous
$,F, REOUEST T~E PLANNING DEPA~THENT TO U~DERTAKE A~ UPDATE TO
After brief discussion, Mr. Daniel made a motion, seconded by
Mr. McHale, for the Board to in~truct the Planning Department
to undDrtaks an update %0 the "Central Area Land Use and
Transportation Plan", a~ amendment to th~ plan for
Chesterfield.
There was brief discussion relative to the available funding
~ource to undei~take thi~ project; the timeframe in which the
projsst would be undertaken; and whm%hsr the ~roject had been
included in the recommended Planning Commission comprehensive
plan update work program for FY93-94.
Mr. Daniel called ~or the vote on the motion ma~e by him,
seconded by Mr. Mc/{ale, for the Board to instruct the ~lanning
Department =o undertake an u~data to the "Central Area Lan~
Chesterfield.
Vote: Unanimous
There were no Deferred Items scheduled at this time.
8, REPORTS
On motion of ~. Mc~ale, ~eeonded by M~. Ba~be~, the Board
accepted th~ following re~crts:
Ad-mlnls=rator~
Mr. Ram=my pr~nted the Board with a status report on the
9 ....... DIOR
On motion of Fir. Colbert, seconded by Fir. KcHale, the Board
recessed to the Administration Building, Room 5~2, for dinner.
Vote: Unanimous
RaConvening:
92-950 11/24/92
~0. EWVOC~ION
Mr, ~aniel introduced Reverend Glen ~ohnmon~ Pastor of Good
News Free Will BaptistChuzoh, who gave the invocation.
~. PLEDGE OF P25~E~L,%NCE TO THE FL~
We~lom from ~eck BSa, sDcneer~d by Trinity United Methodist
Chi%rah, led the Pledge of Allegiance to the Flag Of the unite4
States of Amerloe.
~4r. ~sden utatad the week of Decmm~er 1 - E, 1992 has been
deEig~ated a~ "H~nger Awa=enes~ Week" and in recognizing this
week, a =emmunlty-wlde feed drive to £Sed the hungry was
Taking place and the food colloct=d was being displayed at a
local area mall. Re introduced ~r. seyd smith~ Prasiden~ Of
th= Richmond A~sociution of Realtors.
On motion cf th~ Board, the following resolution wa~ adopted;
W~EREASr the Richmond Association of Realtors a~d Richfoed
are sponsoring the Fifth Annual Chrlatmas Centres project, a
com~unlty-wlde food drive taking place during the week o~
Deos~k~r I - 8~ 1992~ in cooperatio~ with a n~mber of other
community-spirited organizations; and
of ~5,000 cans of food donate~ by RioHfood; and
WHEREAS, the goal of the Chri~tma~ Centres project is ~o
collect a torsi of ~00~00~ pounds cf food ~om centred
¢itizen~ to ~e distributed to the needy in t~ Richmond area
through the Central Virqinia Foodbank.
NOW, THEREFORE BE IT P~E$OLV~D, that the Chester£ield County
Bear~ of Supervisors dome hereby recognize December 1 8,
1992 a~ "Hunger Awarsne~ w~k" in the County of Chesterfield,
. Centres project for their occident in the Fight against
Virginia and calls its signiflcance~to the atte~tio~ 0f all
~ ci%izenm.
V6te: Unanimous
Mr. Daniel pre~nted the executed resolution to Mr. Smith and
exprease~ appreciation to those associated with th~ chris~ma~
Centres project and for their commitment in the fight against
hunger. Zr. Smith stated this was the F~fth Annual C~ristmas
Centres project and wa~ 0~e of the la~e~t food drives on the
east coast. ~o noted every dollar contributed would be used
to purc~hase the food and 100~600 cans of food would feed the
hungr~ for thre~ days.
92-951
A. M~. ~OU LIPP~. ~H~STERFIELB SOfTBaLL ~SSO~I~TION
PAUL BAILEY. OPEN ~LO~ ~ITCH A~OCIATION
MILDRED B~TRRELL. CHESTERFIELD GIRLS SOFTBALL LEAGU~
~Ir. Lou Lippa, President of the Chesterfield Softball
Association, introduced Ms. Klm Aldous to speak on behalf of
th~ associations present.
MS. Aldous, President of the Scuthslde Church Recreation
Association, expressed appreciation to the Board for the
opportunity to addre~ moving adult ~oftball pre,rams from
Rockwood Park. She stated the aasoclatlon~ hays been part of
the County's recreation program since 1s~8; that s~e was
repreeentln~ seven County cc-sponsors; that the qroups
represented approximatelyS,000 adults and youth participating
in sports programu; that rsprazcntatiPaa uf the groups have
~at with County staff to discus~ the pessib~l±ty cf turning
aockwood Park over to youth within the County contlngsnt on
the tentative plans to build the Clover Hill Sports Complex;
tha~ due to o~position cf residents in the area to the
proposed Sports Complex, the Complex was anticipated not to be
built as scheduled; that the rs~reaentatlvsa again met with
preliminary field asslgnmsn=s for 1993 and ~odicated the
groups felt the proposed field assignments were unacceptable;
e_hit ~hey were concerned as ~o t~e a~signment of fields as it
related to Chesterfield Baseball Club~ that they felt the
r~a~nder cf th~ fund~ dsm~gnated for the Clover Hill Span'ts
Complex ~hould b~ u~d to in,tall light~ on th~ field at
Manchester Middle School and be assigned tc the senler'adult~
i~ the Ban Air League as well as retaining the fields at
Rockwood Park to be used for adults/youth and with the
remainder of the funds used to secure locations to
build/improve field~ in the northern a~@a of.the County to be
~sed for adults/youth; an~ that the groups have been using
Rcckwood Park ~inc~ I975 end d~sired to ~e~ain at the Pa~k.
Mr. Ji~ Mav~edes, Co~mism'ioner for the Ban Air Church Softball
L~agu~, stated the. League has been in existence for over
thirty years ~nd has been plhylng softball at Rockwood Park
sines 1975; that the League was ¢ompriseda~ approximately 300
participants with most of the participants being older, mature
a~ults; ~hat the participants and =heir families enjoyed the
use of the Rockwoo~ Park facilities; that the League was
concerned as to the adult p~og~ame being removed from Rcekweod
Park; that representatives of the League had met with County
~taff to d~ecU~e field aemignments for Rockw0od Park and the
proposed Clover ~ill Sports Complex; that they attempted to
work with County staff and had agreed to relocate to the
Clover MillZpertn Complex when eo~pletedl that they had been
info,ed the proposed Sports Cc~plex would not be built but
tho adult ~o£tball programs would still be moved from Rcckwood
Park; that it would be difficult for the participants to
travel any further distance to a new faoillty; that they felt
th~ current proposal would only benefit Chesterfield Baseball
Club mod .not al! of the asea=latices involvs~ iu sports
pr0gr~s~ t~at they felt· funds would need to 'be da~gnated tc
improve the fields for us~ by th~ adult organizations; that
riley, we. re concerned as tc the possibility of havieq to
92-952
relocate ts n different eisa of a lesser q~ality and that they
felt the adult and youth program~ could ~oth be assigned te
Rsckwood Park; and repasted the Board to reo0nsider staff~
proposal of moving adult softball programs from Reckwood Park.
He ~hen recognized the~ other representatiy~s present including
~r. Paul Baisey, representing Open Slow Pitoh Association; Mr.
Cb&Elis small~, representing ~enior Adult Pro.ams; and Mr.
Steven Burnett, representing the san Air Church League.
~. LiDpa s%~t~d M~. Mil~ed Burrell, representative of the
~esterfield Girls Softball Association, and ~r. Jim Wil~on,
~illin~ to work ~th th~ youth w~thin the County and re~e~ted
Mr. Daniel instructed ~e County A~inist~a~or ~o meet' wi~
meeting to the Board.
14, PUBLI~ HEARINGS
Tha=e wero no ~ublic Hearings scheduled at ~hi8 aims.
1s. REOUESTS ~OR NOBILR .~ PERMIT9 AND R~ONIN~
~ (A/~ended)
In Bermuda Maglsterinl District, ~EDF~CK
G~Y requested rezonlng fro~ Agricultural (~) to Co~uni~
Bu$ine~ (C-3). The denmity of such amendment will be
con.oiled ~y zoning conditions or Ordinance standards. The
Comprehensive Plan designates th~ ~ro~erty for
co~ercial/office, light industrial and
uses. This request lie~ on ~.~ acres fronting approximately
1,680 feet 0~ the south tine of ~a~t ~undred Road, also
fronting on the east and west lines of Kingston Avmnue, and
located at the intersection of th~se road~. Tax Map 118-14
(1) ~arcels 19 and 24 (~haet
requested a sixty day deferral.
There was no opposi~on present.
On motion of ~. ~c~le, seconded by Mr. Col~ert~ the Board
deferred ca~e ~lSNO~76 ~til January 27~ .1993,
Vote:
~3~N0145
In Daln Mag~stcrialDi~triet, THB ¢~ESTER~%ELD' ¢O~TY ~OA~D OF
.~SUPERVISORS requested rezoning from General Bueinee~ (B-S) to
'Neighborhood ~usiness ~C-2). The density of such amendment
will be ~eatrolled by zoning conditions or o~dinance
standards. Tbs Comprehensive Plan dsslgnat~s ~he prpperty for
general -commercial use. This request lie~ On 6,9 acres
franting approximately 240 feet on the south llne of ~ull
Street Road, also fronting 7§0 feet on the east llne of
Owbridge Read and approximately 150 feet on the west lin~ of
Oxbrldge Road. Tax Map 49-~ (i) ~art of Parce! 14 (Sheet I4).
the Planning commission had deferred this Case until February,
s2-953 11/~4/9~
............ hl['J I L .......... ] .;.I .... I, ~J I ,
1993 and staff was recommending the Board defer th~
pending the Planning ¢ommission'~ action.
There was opposition present. Mr. Daniel stated since there
was opp0sitio~ to the request, it would be placed in
regular sequence on the agenda.
In Matoeca Magisterial District, S, ~. CO~, I~O, requested
Conditional~ Usa to peri, it a C0nstr~¢tion/d=molition/debris
landfill on z27 acres, plus Conditional' Use ~laaned
Development to purmit a construction/demolition/debris
landfill on 30.0 acres wit~ ox0¢~ions ~c zoning Ordinance
~tandards for such landfills. The density of such a~endments
will - be.' controlled by zoning conditions or ordinance
standards= Th9 Comprehensive Plan designates the property for
a~rloul%ural/fornstall nee. These requests lie in an
Agricultural (A) District on a total of ~M7 acres fronting
approximately M,200 feet on the north line of River Road~
measured from a point approxima=ely 950 fee~ west of Taylor
Road~ als~ fronting approximately 1,420 fee~ e~ the we~t li~e
of Taylor Road, measured from a 9olnt approximately 1,000 feet
~out_h of He~hric~ ROad. Tax F~%D 123 (I) Parcels 13, 14 and 21
and Tmx.~ap 139 (1) Parsel 2 (Sheets 35/36 and
the Planning CoI~mission and staff ~eco~ended approval subject
%0 =ondltionw and accmp~unce of the pro~fered conditions.
~oted ~bse~unt to the Planning co--lesion acting on
Case, ~he applicant ~ad requeste~ wi~drawal of the
Conditional Use Planned Development po~ion of the re,est and
There was opposition present. Mr. Daniel stated since ~ere
reeler sequence on the agenda.
93~N011~
In Bermuda ~agisterial District, HOPEWELL HOSPITAL AUTHORITY
requested rezoning from General Business (B-3) to C~muunity
Business (C-3). The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan designates the pro,arty for general
color-iai ~e. This reque~ lles on a O.~7 acre parcel
fro~ting approximately 145 feet on the we~t line of ~effermon
Davis Highway, approxlma~ely 200 feet north of Weir Road. Tax
~ap ~16-10 (l) Parcel 12 (Sheet 32).
Mr+ Jac0boon prcuented a ~ummary of Case 935N0115 and stated
the PLanning Commission an~ staff reeommsnds~ approval and
acceptance of the proffered conditions. ~e noted th~ request
conformed'to the Chester Village Plan.
Tho apDlicanB s~a~ed the recommendation was acceptable. There
was no opposition present.
On ~otio~ of Mr. McHale~ seconded by Mr. Colbert~ the Board
approved ~as9 95SN0115 and accepted the following proffered
~ondltions:
1. ~ricr to site approval, sixty (~0) f~et of right o~ way
on .the wast side of Route 1/301~ measured f~om tile
centerline of that part of Route 1/301 immediately
adjacent to the property, ~hall bo dedicated free and
unrestricted to and for ~he benefit' of Chesterfield
county.
Prior to issuance of an occupancy, permit for any
deve~opmen= that~uld generate a'~iqnificant increase
in traffic above the traffic generated by a medical
clinic, as determined by the Depa~tmen~ of
Transportation, direct access tO Route 1/~01 shall be
eliminated.
Vote: Unanimous
In ~atoaca ~agi~terlal D~strlct, TH~ B~ABD ~ROUP requested
amendment to & previously granted rezoning (Case
re~atlva to the minimum floor area for dwellings. The density
of such amendment will be controlled by zoning conditionsor
ordinance standards. The comprehensive Plan designates the
property for r~eiden=ial use of 0.$ units per acre or less.
This request lies in a Residential' (R-9) Dimt~ict On 40.0
acres fronting approximately 1,e00 feet on the ~outh llne
Road, also fronting approximately 1,OO0 feet on the wast line
of Branders Bridge Road~ approximately 400 feet north of
Forest view, section 1; Lot~ i t~ough ~0; Tax Map 175-9
and Tax Map 174-12 (4) Fo~est View, Section ~, Lots 6 through
11 (Sheet 49).
~. Jac0bson Dresented a sugary o~ cas~ 93SN0119 and stat~
Cunditionm:
1. The minimum ~oss floor area of the following typem
One and one-half sto~y 864 m~ure feet (on the first
(NOTE~ This proffered condition supersede~
Condition 4 of Case S3ZO20.)
Within thirky (30) days of approval of thi~ re~e~t
follo~i~q restrictive covenant shall be
Any rancher 1~ tha~ 1,200 gro~s s~are
mhall harm at leas% one of the following
(I)Ail brick or bri~ venee~ front
A bay window
(3)A patladi~ ~indow
k covered front ~orch having a length o~ mt
(5) A ca~ort
9Z-955 11/~4~92
[6)
(s)
(9)
OR'
~ dormer
A ~ront gable roof
An offset of et least twelve
(lO) feet
(12) inches by ten
A similar architectural feature as outlined
herein.
[NOTE:
Vote: Unanimous
All other proffered conditions of Ca~e 838020
remain in
In Dale Magisterial District, ~EST2EEIELD FRAT2P-NAL ORDER OF
POLICB requested regoning from General Business (B-3) tn
Community Business (C,$} with Conditional Use Planned
Development to permit abuilding in the ultimate right of way.
The density of such amendment will be oontrolled by zoning
conditions or Ordinance standards. The Comprehensive Plan
demignats~, the property for pu~lic/~mi-pu~lic use. This
request'lies on a 0.22 acre parcel fronting approximately 35
feet on '~he' west line o~ Iron Bridge Road, also fronting
approximately ~0 feet on the north line of Cogbill Road, and
located in ~he n6rthweet quadrant of the intersestion of these
roads. Tax Map 82-14 (1) Parcel 2 (Sheet 1§).
~ir. ~acobson presented a sumu~ary of Case 93~N6~29 and stated
the Planning Commission and staff recommended approval and
acceptance o£'the pre£fere~ ooDditionm.
There wa~ Opposition present, Mr. Daniel mt~t~d mince there
wee opposition to the request, it would be placed in its
In B~rmuda Magiste=i&l District, DODD~S LK~SING INC. rec/ue2ted
rezoninq from community Bus~ness IB-2) to General Buslnans (C-
5). .The density of such amendment will Be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan designate~ the-property for general commercial-u~e. Thi~
request lles on ~.8 acres fronting appro~imate!y 190 feet on
the we~.t lin~ of J~fferson Davis ~ghway, m~a~t%red from a
poin~ approximately ~50 feet north of Wemt Hundred Road. Tax
Map 116~6 (1) ~art of Parcel lfl~ (Sh~t 3~)-
l~r. Jacobsen presented a summary of Case 935N0134 and stated
the Planning ccmmieeion and staff r~eommsnded approval and
acceptance of the proffered conditions. Be noted the request
eonfnl-med =o the Che~ter Village Plan.
Edward Wiiley, Esquire, representing the applicant, stated the
present.
On motion of Mr. McHale, seconded by Hr. Colbert, the Board
approved Came 938N0~34 and aecepte~ the following proffered
condition~:
Prior to obtaining a building permit, one of the
following shall b~ accomplished for fire protection;
92-956 11/24/92
A. The owner, developer or assignee(s),shall pay to the
county $150 per 1,000 ~quare feet of gro~ floor area
adjusted upward or downward by r. he same percentage that
the Marshall Swift Building Co~t Index increased or
payment. With the 'approval of the County"s Fire Chief,
the owner, developer sr assignes(~) shall resolve a
credit toward the required.payment for the cost of any
fire suppression system not otherwise
required by law which is included as a .par= of 'the
development.
OR
fire suppression system not otherwise required by law
which 'the County's Fire Chief determines substantially
reduces the need for County facilitie~ other~iTe
nec=~sary for fire protection.
Prior to sit. plan'~pprevai, sixty (60) feet of right
the centerline of that part of Route 1/301 i~medlat.ly
adjacent to the property shall be dedtcated~ free and
unrestricted, to and for the benefit of Chesterfield
County.
3. Assess to Route 1/301 sha~l be limited ts one
entrance/exit. The exact 1sea:ion of this aooeaa ~ai1
be approved by the T~anspe~tation Department.
Vote: Unanimous
Hr. Daniel rece~nized Mr. Garland Dodd, n former membe~ of the
present at the meeting.
93B~1~5
In Dale Magisterial Die,riot, ~ CaZ~ERFZZ~D ~OUN~Y ~OARD'~O~
BUPERWIBORS requested rezoning from ~eneral Bu~ine~ (B-3) to
~eigh~orhood Business (~-~). The density of such amendment
Will be controlled by zoning conditions or Ordinance
standards. T~e Comprehensive ~lan ~esiqna~es the property for
general c~mmerclal use. This req~est !ie~ on 6.9
Iron~ing a~proximately 240 feet on ~e south line of ~ull
Street Road, also fronting 7~0 feet o~ ~e ea~ line of
ox~ridg~ Roa~ a~ approximately 150 feet o~ the west line of
Oxbrldge Road. Tax Map 49-$ (~} ~art of ~arcel 14. ($~= 14).
~e Planning Co~ission ~ad defurred ~is re,est until
Feb~ary, 1993 and staff was rose,ending ~e ~oard ~fmr the
request pending the Planning Co~i~ion~s action.
Mr. Georqe Baadl~ e~p~ess~d concerns relative to ~e re~e~t
being double advertised?and stated h~ had been opposed to the
Planning Co,lesion deferring the re,est and he felt
soard ~hould defer t~e ~equest until its meeting in February.
On ~otio~ of Mr. Daniel~ ~econded by Nr. Be~ber, the Board
deferred Ca~e 93SN014~ pending the Planning Co~ission~s
action of the request.
9;2-957 11/24/92
92~0~9~ (A~ende~)
In Matoaca Magisterial D~etrlot, S. B. COX, INC. requestsd
Condltienal Use to permit ~ ¢cnstructiunAdemolltion/debris
landfill on 227 acres~ plus Conditional Use Planned
Development to permit a construetlon/demolitlon/debrts
la~dfill on 3D.0 acres with exceptions tc Zoning Ordinance
will ~ controlled by zonin~ conditions or Ordinance
agricultural/forestall .use. These requests lie in
Agricultural (A) District on a total of 257 acres
approxlm~t=ly 2~200 fe~t on %he north line of River Road,
measured from a point approximately ~5o ~ee~ wes= of Taylor
Road, also fronting approximately 1,420 feat on the west
of Taylor Roadz measured fram a Doint approximately 1,o00 feet
south of He,rick Read. Tax MaD 123 (1) Parcels 13, 14 and 21
and Tax Map 139 (1) Parcel 2 (S~eets 35/36 and
~. Jacobsen pre~ent~ a ~u~ of Ca~e 9~SN0189 and stated
withdrawal of the Condi~ional U~e Planned Development po~ion
withdrawal and approve ~he c0D~iti0~l ~e ~s ~oted i~ the
addendum.
Edward Willey, Esquire, representing t~e applicant, stated the
reGo~endation ~a~ accepta~l~.
~. ~org~ ~eadle~ ~xpre~sed concerns regarding the
retirements to capping a landfill in accordance wi~ State
re~lations and state~ the only additional material ~at
~ use~ to slope to t~e p~0pe~ height woald be diet; t~at
felt ~e ~terial used ~o ca9 %he landfill should be clearly
dafi~ed~ t~at h= was concerned ubout ~s applicant wi~wing
a portion of the ~equest~ that th~ request ha~ been
advertised; and that .he felt th~ County should devmlcp a
policy regarding ~h~ submission of u~di%ional inform~tion
zoning ~qu~t~ prio~ to the re~ests being heard at the
meeting.
~ asked, '~. Jacobson stated the applioant's
pe~i% for the landfill had expired am~ staff proceeded
ta~e the ~ece~mary ~t~p~ to close the operation of
landfill. ~- fur~er stated under the current
maintained by the a~plican~, the applioan~ was permitted
continu~ to clo~e out the landfill in compliance with
the closure involved placing fill material over the landfill
to create a cap. He indicated if the re~es~ was approved
bsged on staff'~ rec~ndatio~, any new landfilling activity
placed on the property would have to ~eet cowry re~ir~nt~
and noted ~o~e retirements were strafer than State
retirements. He then ~evlewed the appli~ant'~ eriginal
r~e~t a~ it ~r~lat~4 to th~ Conditional Use Planned
Development. ·
On motion of ~. Cold,t, seconded by Mr. Warren, ~e Board
approved th~ oonditional use for Came 92E~0189 m~ject to the
following conditions and acceptance of the applicant'm re~emt
to withdraw ~he Con~i=ional Use Planned ~evelupment and
elimination~of condition ~0:
Landfill, prepared by Joy=e ~gin~ring, Inc., and
~b~itted to ~e Planning Depar~ent oD ~y ~, 1992,
and ~e document en~itl~ conditional U~e Application
the letters from ~oyce Engineering, ~nc., dated August
6, 1992, and August 28, 1992~ plus the draft ODeration
Manual For Tavlor Road Construction/Demolition Debris
Landfil~ da~d Jun~ 1992 and s~k~.$$ted to the Pier, ting
Department on Ju~ 22, 1992, shal~ be ~oneldered the
Ma~ter Plan.
(NOTE~: a. I~position of T-his condition, plus the
documentation contains4 in ~he
hydrogeologlc report prepared' by
Virginia Geotechnical Set-vices, P. C.,
dated July.1992, would restrict ,Sill to
the disposal areas depicted on thi~
plan, or approximately seventy-thr~
(73) acres cf the 257 ac=e tract.
b. Imposition of t~is condition would
require buffer widths to Qonfor~ to
tho~e widths depicted on Drawin~ NO- 4
of this Dlan.
c. The ~xact ~etho~$ of cell design, as
well as 9-foundwater monitorin~ well
desiga, location and construction shall
be approved through the site plan review
~hall comply with ~e requirements of ~e ~on~ng
0~inan~ for Hea~ Industrial (I-3) Districts
~erging ~ro~h Areas.
(NOTES: (a) At a minimum, setbacks, an~ ~uffers
confo~ to ~e r~ir~ent~ of the
Z o n ~Dg Ordinance for
~onst~ctlon/demolition/debris landfills
in Agricultu~a~ (A)
(b) ~or ~e pu~oses of dete~i~ing other
applicable devmlop~mnt ~tandard~ and
exoep~ where the ~tandardm ~f the base
ze~trictlve, the r~qui~engs mf
(z-3) Districts apply to the re~es=
prope~y.)
Facilities ~hall be designed'such that activities do
~ix (6) ~inute~ during any ho~r (6~ dBaL10(h)) between
for more than six (6) mlnuteE during any hour
dBaLlO(h)) between the hours of 7:00 p.~, and 7~00
a.m., meaE~ed at a~y point along the bound~ies of the
request property.
At the request of the Pla~ing D~pa~tm~nt, the
compliance with these retirements. At ~m r~guest
modify the me,od of ~ant~fy~ng the nois~ environment
(~e no,se descriptor) outlined herein provid~ such
modification achieves the intent of the
~peci~ied h~rein.
o~er ~an a construction/demolition/debris, landfill,
plu~ one (1) rsmidence located on Tax Map 123 (1)
Parcel 14. (P)
(NOTE: If the owner/eperator desires to reside on the
site, this condition would necessitate use of the one
(1) 'residence and preclude any other residence oh the
The minimum 106 foot baSSet required by the Zoning
Ordinance for construction/demolition/debri~
(Section 2~.1-127 (f) (2) (a)} shall comply with the
requir~ments of the Zoning Ordinance for 100 foot
.Duffers adjacent to residentially zoned property
(Section 21.1-226, 21.1-227 and 21.1-228 (a) (4)}. (P)
At a m~Dimu~ dust and lltter shall be controlled
follows:
a. A f~nce Or othe~ barrier ac~eptable to the
Planning Department ~hall be installed on the
perimeters of all activity areas to co,rain trash
and debris on-site.
Adjacent public read(s) shall b~ mechanically
cleaned at time intervals and for di~tance~ fram
site vehicular entrances as deemed necessary by
the Planning Department to ensure that d~t, ~ud
and li~er generated Dy vehicles entering or
.leaving the request property do not become a
nuisance to area landowners, residents and
motorists. In addition, on-site vehicular areas
~hall be mechanically cleansd at
deemed necessary by the Planning Department to
en~ure that fugitive dn~t does not become a
collected debris from cleaning eperation~ shall be
disposed of in an approved landfill cell.
c.. Du~ing day weather conditions, water or other dust
,shall be applied to on-site tra£~ic areas. At a
minimum, suppressants shall be applied prior to
the start of daily vehicular activity and during
pehiod~ of reticule2 activity, a~ ~aqui~ed by the
Planning Departn~ent, to minimize dust from
vehicular operations..
d. ' The owner/operator ~hall inspect the site
Planning Departnent, to locate and dispose of
fug~tiv~ traoh a~d debris.
o.. 0n-~it~ traffic speeds shall be posted at a
All required ~edlm~nt ba~in~
~onstructed as permanent facilities. The~e
sha~l be maintained upon completion of landfilling
activities.
Prier to o~tai~i~g a La~d Di~turbanc= Permit for any
activity outside the existing landfill operation, the
parcel(s) which are the subject of tniz ~equ~t, and
for which a Land Disturbance Permit is reguested, ~hall
be combined with tl~e existing landfill pa~del and
recor~ed in thc County's record room. The deed book
and page nu~be~ and plat book and page number shall be
sub~itte~ to =nvironmental Engineerin~ for
verification.
92-960
9. t~rior to commencement of fill aetivit~ within uny cell,
the owner/developor shall provide engineering
certification acceptable to the Planning Department
that the cell and all associated facilities have been
constructed in compliance with the approved site plan.
(NOTE: In addition to these conditions, the Department of
Waste Manugem~nt regulations for c~struotion/
demoli~ion/~e~rlm landfills wo~ld apply to th~ u~e.
Such regulations, if more restrictive and agDropriate
to ~is facil~ty~ would ~per~ede the retirements~ of
~he Z~ning 0rdi~ance and/or ~ese conditions.)
oo~ditions:
1. Prior to any ~ite.ptan approval, forty-five (~5) fe~t
Of right of wa~ on ~e north si~e of Rive= R~ad an~- o~
the ·west side of ~aylor Road meas~ed from the
cuntarline of that part of the road i~ediately
adjacent to the property shall ~ dedicated, fr~e and
u~strlcted, to and for ~e ~nefi~. of Chemterfield
County.
Prior to any operation of m landfil~ on TeE Map 123 (1)
(1} Parcel 2, addltion~l p~ve~e~t shall be constructed
right turn lane, an~ an add.ate shoulder shall be
constructed along th~ west ~ide of Taylor Road for ~e
92S~0206
In ~idlothian Magisterial ~istri~t, LEROY B. YAUg~AN requested
rezoning from Agricultural (A) to Residential (R-15).
Residential use of up to 2.9 unit~ per acre
Residential (R-15) Distries. The Comprehensive Plan
designates the property for re~deDtial use of 1.~ units per
acre or less. This re~ueet lies on a 68,0 acrs parcel
frontin~ approximately 766 feet on the southwest llne of
Rohious Rued, approximately 6,O00 feet northwsst of
Road, also lying at the northern terminus of Crossing's Way.
Tax F~ 1 (1) Parcel 17 {Sheet 2).
Hr. Jaeobson presented a sugary of Case 92SN0206 am~ stated
the Planning Co~ission reco~nded approval
the proffered conditions. ~e f~the~ ~tated 'the request was
for a ~liqhtly greater density than ~ugge~ted by the ~orth~=n
~ea Land Us9 and Tran~portatio~ Plan and noted the re.est
~. Andy Soh~rz~r, representing the applicant,
~mco~andation wa~ acc~ptable; t~at the applic~t had m~t with
Co~C~; a~d repasted the Board ~o give favorable
consideration to ~e request.
~. Gmorg~ Beadles staged he' felt there mhould b~ a
~equirement ~at ~t%ers and do--spouts be install~ on homes;
Wa~er and s~w~r should be used; ~mt the appli6~nt shoul~
~u~mit a ~roffered condition ate=lng they are no~'optinq out
that h~ felt the County should addrem~ the standards Co~ty-
wide .and the Beard should consider reviewing the Chesapeake
Bay ctandarda in an effort te increase the current pollution
~tandard~.
~. Claudia Swanson, representing Cro~ Crs~k civic
Associationl stated shs was also an adjacent property owner
with an interest in this request; that the applicant had
worked with the residents in the area to addremm their
concerns; an4 expressed appreciation to . tho~ Midlothlan
Dimtrict Planning Commissioner and the applicant for allowing
t~e residents input into the process.
Mr. ~arber expressed appreciation to t~e cross creek civic
request wam the first ~bstentiaI residential development
since adoption 9f the ~tricter building ~tandards relative to
~hrink/~well moil issues.
on motion of Mr, Barber, mee0n~ed by I~. Mc~ale, the ~oard
appreve~ Ca~e 9~$N0~06 and a~cepted the following proffered
oondltlons:
1.- Prior to the time of building psi-mit application for
each lot, The Applicant, subdivider, or assignee(s)
shall PaY the following to the County of Chesterfield
for inSrastructure imp:ovements within the service
district for the~ property:
a} $4,000.00 per lot,' if paid on or prier to June 3~,
1993; or
The amount approved ~y t~e ~oar~ o~ Supervisors Rot
exceed $4,008.00 per lot adjusted upward by uny
increase in the aarshall and swift ~uilding Cost Index
between July l, 1992, and July i of the fiscal year in
which the payment is made, if paid after June 30, 1993.
Development shall bm limited to a maximum of 1.6
dwelling unlt~ ~er gro~ a~re.
$. Prior to final check plat approval, a revised
centarline ba~ed o~ V.D.O.T.'S U~ban .~inor A~terial
Standards (SO HPH) for Robieus Road shall he submitted
and approved by the Transportation Department. In
conjunction wit~ recordation Of a subdivision plat,
forty-five (45) feet'of right of way on the ~outh side
of Robious Roa~ measured from the approved revised
cent~rline of 'that Da~t of Robio~ Road i~diately
adjacent to the ~re~erty-shall be dedicated, free and
ur~est~ioted, to and for the benefit of Chesterfield
County.
entrunce/exit. The exact lo=atica of this access shall
be approved by the Transportation Department.
5. TO provide for an ads.ate roadway system at the time
of complete development of the proposed project, the
deyeloper shall be responsible for the following~
A. ~onstruct~ao of adder{one1 pavement along Robioum Road
at the' approved acces~ tc provid~ left and right
lanes.
B. Relocation of the ditch to provide an adequate ~houlder
alon~ the south side of Roblous Road for the entire
prcper~y frontage.
~restrlcted, any a~itional right of way (er easement)
required, for the improvements identified above.
request access that would ullow v~hicles to travel from
Cross Creek Subdivision to Robious. RoaQ.
Ail that portion of the' proposed ~rojact which has
access via Cross Creek Suhdfvlmion mhall be sgbject to
the following proffers:
All public roadwsys shall utilize curb and
The average lot size shalI be a minimum of 35,800
s~/ar~ feet.
The 1ami known President of Cross creek civic
Association and the owners of Lot 10, Block ,C,"
~otio~ "D" and Lot 22, ~look "A,e section "D,~ Cross
Creek, shall be notified by the Developer prior to
Chesterfield cowry Planning
Th= following Declaration of Restrictions shall be
recorded prior to recordation:
THE O~ER doms hereby declare that said property is to
the following restrictive
1. No lot ~ha11 be used except for rg$id~ial
other than one detached~ single family dwelling
not to e~c~d two a~d o~e-half s~ozies in height
by the ~chiteotural Control .Co~ittee, shall be
erected, placed or altered on any lut. Nothing
contained herein shall be deemed to prohibit the
~sidemtial utilit~ services %o and for other
2. Ail buildin~ setback lin~s' shall confo~ to
Easement~ for utilitie~ an~ ~r~in~ge are reserved
a~igns, to establish and ~ran~ .any additional
purpose of f~rnishing utilities and/or ~ainage in
or ~cugh ma~d mubdivision.
4. NO Str~otur= of a temporu~ .character, trailer,
outb~ildin~ shall be used on any lot mt any time
am a residence ~ither temporarily or p6~nently,
No building shall be erected, placed, or'altered
on any lot~ until ~e construction plans, and
~pecifications and a ~lan showinq, the location of
t~e ~ructure have been filed w~th and aDp=eyed by
the Architectural Control co~itte~ as %o quality
11.
location with respect to toDcqraphy and flni~h
grade eleYatien.
~o fence or wall shall be erected, placed or
altered on any lot unless similarly approved.
The Architectural Control commltt~e i~ oompese~ Of
the following: The Developer, or it~ assigns, and
a ~e~er of the Cross Cr~ok civlo Assooiatlon.
No animals, livestock or poultry of any kind shall
.be raised, brod, or kept on uny lot, except dogs,
oats, or o~her heusehol~ p~ts, which may he ks~t,
provided they are not kept, bred, or maintained
£0r any ¢ommorcial ~ur~oses. No dog kennels
allowed.
No sign of any ~ind shall be displayed to the
public view on any lot except one sign of not more
than four (4) square feet advertisin~ the property
for sale, and ~ sign used by a builder to
advertise 'the property d~rJnq t~e ~onstl~ction and
sales ~eriod.
These covenants are to run wi=h the land and ~hall
be'binding On all par~ies and all per~on~ claiming
~nd~r th~m for a period of thirty (F0) years from
time said covenant~ shall be automatically
extended for successive periods of ten (10) years
unless an instrumen~ si~nod by a majority of the
then owners of the lot~ has h~en recorded agreeing
to change said uovenants in whole or in part.
Enforcement shall De by proceedings at law or in
equity againgt any person or por~on~ violating or
attempting to violate any covenant elth~ to
restrain violation ur to re~over damages.
Invalidation of any one of these covenants by
judgment or court order shall in no'wise affect
any of the other provisions which shall remain in
full force and effect.
~ expressly reserves the right to waive, amend or
change any or all of said conditions and
'.restrictions as to any lots owned by it; and, wit~
the consent of the owner thereof as to any lots
herein; herstsfore or hereafter sold or conveyed
· by it- The sole right of the Developer to amend
these restrlstien~ shall termina:~ whe~ all of the
above described lots shall have been sold or
and restrictions may be waived, amended or changed
by the owners of a majority of th~ above dnsnribnd
.10ts, except that no such walver~ amendment or
. chanqe shall be made which will permit any lots in
the subdivision to be used for any purpose other
then for a s~n~le-fam~ly dwelling site or for
providing residential utility services to the
subdivision.
No building, driveway, ~Iothe~line, mailbox~
placed or altered on any lot until the
construction plans and specifications and a plan
e~owi~g the location of the structure ara filed
92-964 11/24/g2
with an approyed by the A=chitectural .Control
Committee as to the quality of workman~hlp and
~aterials, harmony ~f exterior design with
existing structures, and to location with respect
to topography finished grade elevation. Ail
clearing and landscaping must be similarly £ileQ
with and ~apD~evud by th= ~rChitectural Controi
Committee.
All ' str~c~urem shall have the following
Architectural restricti6ns:
X)
c)
D)
~)
excluding
Unanimous
100% yellowmortar in brick ~oundation
Cedar ~hake roofs with copper flashings
Rose bead nails/Boat nails in sidin~
Shutters hung with workable' hinge~ and "S"
latches' ·
Yellow gravel driveways unless ~aved with
asphalt or concrete
Wooden foundation vents (on front of house
only)
Po~t la~ps and mailboxe~ shall be erected on
each lot, =imilar in design an= workmanship
to those used in ~xi~ting ~ections cf Cross
Creek
~ingle-family dwelling shall have l~ee than
of heated, livable space
In Dale Magt~erlal District, ~HA~LES Z. JON~ AND D~ELL
allow the keeping of seven (~) hcr=es, in a Residential (R-?)
Di~tr±ot. T~e denaity of such amendment will be controlled by
· oning conditions or Ordinance standards. Tho Comprehensive
Plan designates the property for public/~emi-public use and
residential use of 4.01%~ ?.9 units ~er acre. This request
lies on ll.B acres frontin~ approximately 8~5 feet on the
north line of Ccgbill Road, approximately 200 fmet ws~t of
Iron Bridge Road. Tax Map 5z-13 (1) Purcels I an4 2 (Sheet
Plannin~ Commission recommended approval of the request
r~que~t as it did not conform tu the Central Areal ~nd U~
and Transportation Plan and the proposed land use was not
compatible with existing and antioipated area residential
d~velopmen~.
Nr. Daniel disolamed to the Board that the applicant was his
personal physician and since h~ has no business
with the applicant, he would not be affected by this re~ue~t.
Commission was acceptable; that the requested use of the laud
was compatible with the community and the request would
the community well; and to ~his date, he has not r~eiued any
opposition to the
Mr. George Beadles ~tatcd h~ was concerned a~suttha oonditi'on
relative %o the wordfng of t. he number of horses to be kept on
92-965
request if approved; that he felt the request would be
granting the operation of a business in allowing the boarding
Of horses; that he was concerned about the definition as it
related to the number of horses which would allowed; and that
ha did not feel the request was an appropriate use for the
area.
Mr. Daniel stated the re~uest would be granted only to the
land and the conditi6nal use would be granted for a period not
to exceed five years, from tha date of approval and,
he could ~Upport the
approved case'935NOl13 subjact to fha following conditions:
1. This C'onditional Use shall ba granted ta and for
and shall not he transferrable nor run with the land.
made fr~e of waste daily. Waste shall be stored in
enclosed containsr~ an~ di~po~e~ oS weekly. In
additios~ t~e applicant shall employ a means for
eliminating any odor problems =nd propagation of
insects.
Thi~ Conditional Use ~hall be limited to the keapinq of
saree (7) horses.
The'pasture, barn and corral area shall be loua~e~ as
generally shown on the plan submitted with the
application, except 'that the pasture, ~a~n and corral
located at least seventy-five (75) feet from
property lines. (P)
5. 'A minimum of 1.6~ acre~ of land area ~hali be
maintained for each horse kept om the property.
Prior tO any clearing which would require a land
disturbance permit, a drainage plan shall he submitted
to Environmental Enqineering for approval. This plan
shall provida fur ratantlcn/detention facilities, as
control runoff so am to not increase floodlng of
cogbi]l Road.
7. This Conditional U~e ~hall be g~anted for a period not
to exc~ad five (~) years fram the data cf approval.
(cpc)
939N013~ "'
· n Bermuda~ Magls~erial District, LYNWOOD AED LA~RI~ FIELD~
requested C~nditional Use to permit a ~tock farm~ to allow th~
keaping of thrae (3) horses, in a Residential (R-7} D~strlct.
Tbs deneity of s~oh amendment will be controlled by zoning
conditions or Ordinance standards. The comprehensive Plan
desiqnates the property for residential use of
unit~ per ac~e.. This request lles on 3.0 acres lying off the
southwest ~erminus of ~ill Street, ~pprcxlmately ~81 fe~t
SOUthWeSt of the intersection of Gill and Percival streets.
Tax Map 115-1~ (1) Part of Psrcel 46 (Shaet
92-956 1t/24/92
Mr. Pools presented a summary of Case 93SN0132 and stated the
Planning Commission recommended approval subject to conditions
and stuff recommended denial as the proposed land use di~ met
~on~orm to t~he Chester Village Plan and was not compatible
with existing and anticipated aTea. residential development.
Ms. Laurie Fields stated the recommendation of the Planning
had been contacted and were in Support of the proposed
request; and requested the Board to give favorable
consideration'to the request.
Mr. ~eorg~ B~adles expressed concerns rsgardin~ the 'request
being double advertised; the number'cf horses which would be
permitted ae it related to %h~ acreage require~ to be
maintained' for each horse; and stated he felt these type~ of
requests should be adcYressed administratively.
Mr. MuHals expr~sssd appreciation to staff for preparation of
the request as it related to the chester'Village Plan and
stated the applicant has .worked to address the impact the
request would have on the adjacent property ownsre end,
on motion of Mr. ~u~ale~ seconded, by Mr. Colbert~ thc
approved Case 93SN0132 subject to the follow~ng conditions:
1. Thi~ Cond~tlonal U~e shall be granted, to and for
Lynwood and Laurie Fields, e~clusively, end shall
be tran$£erabl~ nor r~n with the land. (P)
The horse paddo=k~ stable and assecia~sd facilities
shall be clea~ed and made fr~e of waste daily. Waste
shall be stornd in enslosed containers an~ disposed of
weekly. In addition, the applicant shall employ a
means of eliminating any:odor probl=ms and propagation
of insects.
3. This conditional Use shall b~ limited to the keeping of
three (3) horses.
4. ~xcept as stated in Candltlen 7~ the horse paddock,
stable an~ associated facilities shall be locate~ as
generally sho~n on the plan submitted with the
application. Provided, however, that the paddock,
stable and associated facilities may be relocated in
accordance with Condition 7: and if ~uch i~provement~
are located at least twenty-five (25) feet from other
iD~ividual~' property li~e~.
5. A mlnim~m of one (1} acre of land -area shall be
maintained for each hor~e:kept on the property.
This Conditional Use sha&l be grunted for a period of
time sot to exceed seven (7) years from the date of
reappli~ation smd demenmtration ~hat th~ operation has
been of no detriment to adjacent and area propmrties.
?. An annual well monitoring program, acceptable to the
Health Department~ shall be implemented to monitor the
water q~ality of any well' located on the applicants'
property. Should any ~uch well b~come uontamlnated~
remedial action =aesp=able' to the ~salth Department
shall bs ~aksn to locate a~ eliminate the
92-967 11j24/92
contamination and decontaminate the wall, or the well
shall'be.a~andon~d and ~ale4.
unanim6ns
POLXO~ ~e~ue~ted rezon~ng from General Business (B-3) to
Community. B~Slness (C-~) with Csnditiun~t U~e ~lanned
Development to permit a b~ildi~g i~'the ultimate right of way.
The ~ensi~y o~ snob amendment will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
~esignat~m the prope~y ~or public/semi-public usa. This
request 'lies on a 0.]] acre parcel fronting a~proximataly 35
feet on the West llne of Iron ~ridg~ Eoad, also fronting
approximately 1~0 feet on the north line of Cogbill Road, and
located in the nor~wast ~ua~ant o~ ~e interaeu~ion of ~hese
roads. TaX Map S~-14 (1) Parcel 2 (Sheet
Mr. $acobson presente~ a summary of Case 93~N01~9 and stated
the Placing Co~i~on and ~taff ra~o~ended approval and
acceptance of ~e proffered condition~.
~ ~eo~ge ~ea~les stated he was opposed to the request b~ing
double advertised and ~xpress=d comcerns about the
not being pre,eat at the ~eeting.
the building and would not impact furze read
and, th,relate, he supp.orted the request.
approved Cas~ 93SN0~ subject to th~ followipg condition:
Encroa~ment into the ultimate right of way shall be limited
the new roof., O~r than the improve~ntn ~p~clfi~d h~reln,
there shall be no other encroachment ~n ~ ultimate r~ght
Of way.
~d, further, ~e Board accepte~ the follo~ing proffered
Prier to site plan approval, forty-five (~5) feet of right
of way on the north side of Cogbill Road, m=auured from ~h=
centerline of ~at part of Cogbill Road i~diately adjacent
to tbs prope~y, ~ha11 be de~ica~ed to ~sterfiel~ County,
free a~d ~n~e~t~ioted ~ovided, how~Pe~, that pa~/ of the
~zoperty where the existing building is locatmd need not be
dedioated.
Vote: Unanimous
1~* ADJOURNMENT
On ~otio~. 0£ ~r, ~cHale, ~con~e~ by ~r. colbert, ~he ~oard
adjourned at 8:05 p.m. until D~c~mbsr 9, 199~ at 2:00 p.m.
Vote: Unanimous
Lhne ~. Rams~
County AdministratOr
chairman
92-968
11/24/92