09-22-93 Minutes~OARD OF
MINUTE~
September 2a,
Supervisors in ~tten4ance:
Mr. Arthur S. Warren, Chairman
Mr. Edward B. Barber, Vic= Chrm.
Mr. Whaley M. Colbert
Mr. J. L. McBale, III
Mr. Lane B. Ramssy
County Administrator
Staff in
Ms. Barbara Bennett, Dir.,
office on Youth
Dir., Utilitie~
Ms. Terri Burgess, Interim
Dir.~ New~ & ~ubli~
Information Services
Ms. Marilyn Cole,
Assr. to County Adm~n.
M_rs. Doris R. DeHart,
Asst. CO. Admin.~
Legis. ~vcs. and
Int~r~ovs~, Affairs
Chief Robert L, ~e$, Jr.,
~ire Department
~r, ~i~hasl Golden, Dir.,
F,r. Sradfsrd S. Hammer,
Deputy Co. Admln.,
~. R~sell Harris,
County Ombudsman
Mr. John Lillard~ Dir.,
County Airport
Ms. Mary Leu Lyle,
Dir., A=oounting
Deputy CO. Adnln.,
Mr. Richard M. MeElfish,
Dir~, Env. Englnssring
County A~ternsy
Deputy Co. Adm~n.,
Co~nnity Development
Mr. Warren called th~ regularly ~cheduled meeting to urder at
3:05 p.m.
On notion of Mr. Colbert, ~ecnndsd by ~r. McHale, the Board
approved the ~inutes of 9eptember 8, 1993, a~ ~ub~ittsd.
Ayes: Mr. W~rren, Mr. Barber, Mr. Colbert, and Mr. Me,ale.
Absent: Mr. Daniel.
Mr. Ramsay introduced Dr. ~ugane P. Trani, President of
Virginia Commonwealth University (VCUI, to present ~ b~ief
overview cf recent VCU initiatives and strategic planning.
Dr. Trani submitted into the record copies of handouts relating
to his presentation and reviewed VCU initiatives including
project overview of the virginia Biotechnology Research Park;
the location of the Park; the cost to construct the Park and
seurcee of funding; the eize of the Park; The mu~ber of persons
who will be employed at the Park~ and the amount cC
contributed by the business community and local governments of
the Rich/~ond area for startup operating costs of the Park- Me
then reviewed VCU'e long-range plan including the establishment
of three satellite campuses within the metropolitan Richmond
area and, particularly, one campus being located south of the
James River and reviewed a survey conducted by VCU entitled,
"Opinions of Chesterfield County R=~ident~ About a VCU Branch
campus." He then reviewed a survey conducted by VCU regarding
undergraduate engineering in the metropolitan Richmond/
Petersburg area to assist aeonemie davelepmen~ and medical
needs of the co~unity.
Discussion, comments, and questions ensued relative to the
timeframe in which =be undergraduate engineering program will
be completed; the ~mprovement of Zcholant~c Aptitude Test (SAT)
scores e~ atmdents in the County; the commitment and financial
~upport of th~ Board for th~ Biotechnology Re~earch Park; and
the i~pact the leadership of VCUwill have on am undergraduate
engineering program.
Mr- Warren ~tat~d he f~ls it is th~ intention of the Board to
assist in building the future by meeting the changing needs of
the County- ~e further stated approximately ~2 percent of
County ~tudents ~o on to higher education and t~e Board ia
committed and supports the efforts of VCU. He expressed
appreciation to Dr. Trani for his leadership and stated the
~oard will continue i~ suppor~ of these efforts.
Mr. Ramsey then intreduced ~a. Linda Armstrong, Christmas
Mother for the Chesterfield/Colonial Heights Christmas
Committee, to ~resent a brief overview e~ this year's program.
~. A~strong submi=te~ into the reuurd a ~acke= ef information
regarding the Christmas ~other Program and presented a brief
overview of the Program including the number of individuals/
familie~ sponsored by the Program, the Program's budget for
19~3, and the uae of the County's Buildings and Grounds
War~heus~ to operate the Program. She requested the Board to
consider constructing a multi-purpose buildimg to be used for
Ceunty events and, ~pecifically, the Christmas ~other ~rogram
~ue to the growth of the Program and for the Beard to establish
a committee to research the need for such a building. She
expressed appreciation to the Board for their continued eupport
and extended an invitation to the Board to visit th~ Christmas
Center during r_heir ~ours o£ operation from December 6-20,
1993. She t~en introduced upproximately six Program rain,tears
who were present at the
Mr. ~cHale stated he attended "~e~r~cu~ l~ubliok Day"; that h~
attended a follow-up breakfast of the "~ealing the ~eart of
America;" and that he represented the Board on the "County
Call-in Show" e~ Sept~n%ber 2~ 1993 With t~e topic of
dlscu~ion being Total Quality Imprevement.
~r. Barber ~hat~ h~ also a~tended "Henricus ~sklick Day" and
related morning Church service; that he attended the grand-
opening c~r~mony Of the virginia Aviation ~aeum Airmo~il~ h~ld
at the Richmond Internsticnal Airport; that he attended the
qrand-op~ni~g e~re~ony of t-he Womens' Cen~er a~ Chipp~r~ham
Hospital with former First Lady, Barbara Bush as the guest
~peaker; that he attended a luncheon as~coiated with the
International DoWntown A~oeiation with th~ ~¢retary of
Housing and Urban ~ev~lopment as t2~e guest speaker; noted the
remodeling at the ~oliday-Inn Koger CeD~r is completed; that
he and FLr. Colbert attended the grand-cpenin~ ceremony of the
104.7 radio ~tation; that he held his "First ~cn~ay"
con~tit~ents meeting w~th the topic of discussion being future
YMCA plan~ for ~idlothian; that he will be attending =he annual
Dicnlc at Cre~twaod Fal'ms; and noted "Midlothian Village Day'~
will be held October 23, 1993.
F~r. Ramsay read into ~he record remarks from ~r. Daniel~ as he
was no% present at the Boa~d meeting, outlining hi~ activities
including attending the Rieblmond Regional Plann~ng District
Commission meeting and the Richmond Area Metropolitan Pl~nnlng
Organization (s~o) meeting wi~h discussion specifically
focusing on t~e ~o's report from Weslin Consulting ~ervioe~
dealing with public trana~ortatlon in the Richmond metropolitan
area. (It is noted a copy of Mr. Daniel's remarks ar~ filed
Mr. Warren stated he received sn award from the Richmond Relief
Convoy on Sept~b~ 9, 1993 for efforts in assisting flood
victims in Cheeterfleld, Mimmouri; that he was selected by the
Central Virginia caucus to :o-chair the next inter-city visit
with the Richmond Metropolitan Chamber of Commerce and business
leaders from central Virginia; that he held his constituents
meeting om September 13~ 1993 ~ith the topic of discussion
being educational fssue~; that ks met with the Richmond
Association of Realtor~ on September 15, 19~3; that he
participated in dedicatiagths Field of Dreams Athletic complex
at Swift Creek ~iddle SChool on September 1~, 1993 and noted
the group collected $49,OQQ in private contributions; that he
attended the Chesterfield Emergency Services training exercise
on September ~5, 1993; ~nat h~ ~resented an award to the
retiring executive director cf the Richmond Regional Planning
District commission on $~ptember 16, 1993; and that he
participated in the Chemt~rfield Employee Tornado Relief
Appreciation Ceremony on September 22, 1993. (It is noted a
copy of F~r. Warren'~ r~arks are filed with the paper O~ this
added Item ?,B.i§., Initiation of a Rezoning Application for
Parcels Identified by Tax Map Numbers ~50-9(1)2; 15~-13(1)];
· 50-13(1) 3; 149-16(1)1; 14~-16(1)2; Specif~=ally, to Rezone
a Parcel of Land along South ~rc¥idence Road f~om Jeannette
Section 2.1-344(a) (1), Code of Virginia, 195O, a~ A~ended,
Relating to the Appointment of a Spmcific ~ubli¢ Official to
Session Puruuunt to S~ction 2.1-344(a) (7), Code of Virginia,
Recognizing the Week of September 19-25, 1995 as "National Deaf
Recognizing October ~-10, 1993 as "Richmon~ ~etro~olitan Youth
Soccer L~ague Columbus Day Soccer Tournam~Bt Weekend;" deleted
9/22/93
Item ?.B.?., Appropriation cf Interest Earnings to the
GeegraDhlc Information System Ac¢oun~ £or the Water/Sewer
Conversation Project; and withdrew Item 13.r a request
Robert Ka~nes unde~ Hearing of Citizens on Unscheduled Matters
or claims and, adopted the agenda, ae amended.
Ayes: Mr. Warren, Mr. ~ar~sr, ~r. Colbert, and Mr.
Absent: Mr. Daniel.
5. WORK SESSIONS
O SOHOOL BUDGET T~RGET
Mr. Stegmaier stated at the meeting of the Board c~ supervisors
and School ~oard Liaison Committee on September 13, 1993,
County staff presented a preliminary projection of the increase
in local ~undm for the ~shools for ~¥9S (the school year
beginning in S~pte~ber, 199~}. Me further stated a large
portion cf the revenue the County will reallz~ in ~YgM will not
be received until nearly tWO years from now and it is expected
that slow but steady improvement in the economy will mupport
significant increases in local funding fo~ education. Me then
presented a brief overview of %he Sc~hool'm budget target
including the transfer for schools. He stated the rate of
increase in debt sarvloe is decreasing signi£ican=ly and =he
amount of that debt funded from the General Fund will
slightly.
Mr. Warren stated ~arm was an article ~n C~%v & State Ma~zine
stating the County is ra~ed 6%h in ~e country in terms of
and coming counties in the United Stmtam ~nd inquired n~
impaQ% %h~ debt ratio will have on the Count~'m rankin~ for
next year. ~. Steamier stated the debt re=id could improv~
the County*m ranking on those particular set of statistics. He
fur~r stated the current debt level will begin to decline,
the budget,
~. Ramsay stated he feels it is significant ~at Chesterfield
County has remained un th~ list oS th~ 25 up and coming
counties and ranked 6th, which is up from ZZnd in the country,
~. McHale stated he feels the County maintains a very
Zavorabl~ bond rating and the County iu cau~iuu~ in t~e amount
and manner in which it issu~ debt.
~. Stegmai~r continued to review the transfer for ~chools and
for schools.
Mr. Barber inquired as to whether there is a policy to guide
~ere is a policy %hat guides the us~ of f~ds wi~ funds being
used for expenses tha~ normally would have incurred debt to
fund.
Discussion, co~ts, and questions e~s~ed relative t0
of rIP Sun,s and the ~ypes of projec:~ ~he fun~ could be u~ed
for; the requir~ent for capit~l r~serve having a n~g~tiv~
percentage~ that ~scmlmte ~ach year in order to ensure the
~e School Syst~ agreeing to establish a resale fund.
prujeution and the flgure= will b~ revi~md ~v~ral times b~fore
~e County Administrator's budget is submitted to the Board.
optimistic th~n ~o~e figures ~nticipated at the State level.
93-614 9/22/93
ae then stated the allocation u£ ~unds for the School budget is
based on the amount of revenu~ anticipated in property taxes
and reviewed the local transfer to mohcols a~ it related to the
percentage of general property taxes. Be noted the County
anticipating a 5.~ percent increase in property tax revenue
with the rate of increase in real estate being less and the
rate of incrsame in personal property being higher. He further
noted this information ha~ been shared with the County Councils
Of PTA'S and the presidents of PTA's at various County
Mr. Ramsay stated he has also shared this info,marion with the
School Superintendent and has requestad~he County and Schools
begis discussion on the budget incorporating these
projections. Ha further s~atsd if revenue estimates increase,
the budget target will be ad~ted as
Mr. Warren stated, curlier thi~ afternoon, he attended and
participated in a media briefing with C~annel 12 and Storer
Cuble and an agreement hm~been reached that there will be no
interruptc~ cable access fro~Channel t2 and Channel ~ will be
establishing a ~econd programming channel on Storer Cable
including progr~mmlng for government services. Ke then ~tated
a~ a result of this agreement, there will be nc increase in
cost to Stc~er Cable subscribers.
~REATER RIO~OND TRANSIT COaPAN~
nominees indicating their desire to serve on the Board.
representing the County at-large, until October 1~, 1993.
Absent: Mr. Daniel.
Mr. ~tith stated at its meeting on September ~, 1993, the Board
deferred conside~atio~ of nominations for members to serve on
the Board of Appeals for Virginia Uniform Statew~de Building
Code.
On motion of Mr. Mc~ale, ~econded by ~ir. Colbert, the Board
suspended its rules at this time to allow eimultanecu~
nominaticn/apDoint~ent/reappointment of members to ~erve on the
Board of Appeals for Virginia Uniform Statswide Building Code.
Ayes: Hr. Warren, Mr. Barber, Fr. Col~ert~ and Mr. McHale.
Absent: Mr. Daniel.
simultaneously nominated/appoiDt~d/reappolnted the following
members to serve on the Board of Appeals for Virginia Uniform
Statewide Building Code, representing the County at-large,
whose term~ are effective immediately and will expire as
indicated~
E~IRATION DATE
Mr. A. W. Dunbar
Mr. Robert J. Leipertz, Jr.
Mr. William A. Robbins
June 30, 1994
June 30, 1995
July ~lr 199A
Absent:
Mr. Warren, Mr. Barber, Mr. Colbert, a~d D Ir. McHale.
Mr. Daniel.
7, ~EW
?.~. ~ON~TDE~TION OF PROPOSAL TO ~ONTI~B ASSISTTN~
S.TA~PIN~ OF PHILLIPS VOLUNTEER PIRE DEP~T~T, THE
BENSLBY-BE~UDA VOL~E~R R~SCUE ~OUAD A~ ~T~LL
Do$i=ions for career firefighter$ to a=~i~t in providing
coverage for the Phillips Volunteer Fire Department,
Volunteer Rescue S~ud ut
On motion of ~r. Colbert, seconded by Mr. ~cHale~ the Board
continue assleting the ~taffing of the Phillips Voluntee~
Departed%, t~e Ettriok-Matoaca volunteer Rescue $~ad, andre
Bensley-Bermuda Volunteer Rescue Squa~ at walthall and
appropriated $195~0o for tbs balance of FY94 from~ General
~un~ bal~n¢~ with the cost for FY95, being upproximately
$251,700, which will be funded with o~rr~n~ revenues in
coming budget year,
Ay~: ~r. Warren~ Mr. Barber, Mr. Col~rt, and ~. McHule.
Absent: Mr. Daniel.
~ief Banes expressed appreciation to the Board for the
r~eognition re~ived by County empIoyees for their support and
assistance in the relief effort~ of ~e A~t s, 1993 tornado.
7,B.1. ~DO~T!ON OF R~O%ff~ION R~CO~NT~TN~ O~TO~ER ~, 199~
A8 "FIREFI~HTER APPRECIATION DAY"
On motion of Hr. McHale~ seconded by Mr. Colbert, the Board
a~oDted the following resolution:
W~W~=AS, in the 1993 ~e~sion of the virginia General
A~e~bly, s Semate Joint Re~slution ma~ pas~ed establi~hingT-he
first day of Fire Prevention Week in 19~3 as "Fire£ighter
Appreciation Day in Virginia;" and
WHEREAS, ~he Chesterfield county Board of supervisors
de~ir~ to honor tho~e who give ~ir tim~ and ~D~rgy to help
protect the oitizen~ of ~esterfield county~ and
~ER~9, fi~efighters stand ready to place their live~ on
the lin~ eye,day, ~wenty-four hours a day, to s~rve their
fellow citizen~; and
WHEREAS, the year 1993 has been a most demanding year for
their services in thm Chesterfield County area; and
WHEREAS, the Chesterfield County Board of $~pervi~ere
wishes to express thei~ sincere appreciation for a job well
done by Chesterfield County firefighters.
NOW, THEP~FORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisor~ recognizes all County firefighters
for thei~ outstanding services and establishes October ~, 199~
es "Fir~fiqhter Appreciation Day" in Chesterfield County.
Absent: Mr. Daniel.
~..~.~. TRANSFER OF F~ND~ TO 00~¥ $CHOOL~ FO~ =~KI~TOPHER
On motion of 3t~. MsRale~ ~onded by Mr. Colbert, the Board
to the Chesterfield County Public School~, designated to
Matoaca N~gh School, for the ~ristopher White scholarship
Fund.
Ayes~ Mr. Warren, ~. Barber, ~. Colbert, and~. McMal~.
Absent: Mr. Daniel.
On ~otion of Mr. N=Hale, ~OoDd~ by ~r. Colbert, th~ ~card
both Federal Aviation Administration (FAA) and State Department
of Aviation (VDA) Grants for the Perimeter Fencing/Security
Gute~ - Phase IT Project and the Design Relocation e~
~le=trloal Vault and Runway and Taxiway Lighting Upgrades
~rojeot and to enter into contracts with the £ederal and Stats
County Admlni~trator to sell=it bids for Airport ~mprovement
Projects and enter into contracts with the applicable lowest
re~pon~iv~ add responsible bidders; and appropriated all
PederaI ($112,500) and State ($38,250) funds allocated for
?.B.4. AUTHORIZATION TO ENTER .INTO AN ANNUAL OONTR~T POR TEE
~RV,TCE~ OF A ~¥~TCI~N TO ~ER~O~ ~RyST~L$ FOR
V~IOUS COUNTY ASEN~IE~
On motion of Mr. NcMal~, seconded by ~r. Colbert, th~ Board
au~ori~d ~ County A~inistrator tu execute contract~ w~h
Chest~fi~ld Primary Health Care; F~ily Phy~ic~an~ Of Chester;
and ~tien~ Uirs% for ~e purpose of 9urfu~ing 9hysicals for
Polioe Department, ~ire D~artment, sheriff's Office, and the
School Board Transportatio~ D~p~r~ent (for employed bus
$7S,000 ~er yea~, which will be absorbed by the departments
utilizing the service.)
Ayes: ~. Warren, Mr. Barber, M~. Colbert, and Mr. McHale.
Absent: ~. ~aniei.
9t22/93
?..E.~o SET DATE FQR PUBLIC H~ARING TO CONSIDE~AHDHDINA.,WCE TO
~S~ED~....~DDIN~ SECTION S-1.2 R~L~TING.~ WIBD O~
EX~I~I~LS
On ~otio~ of ~. ~cH~lu, ~eoo~ded by ~. Colber~ th~ ~oard ~t
the date of October 13, 1993 at 7:00 p.m, for a public hearing
to con~ider an ordinance to amend the Coda of the County Of
ches%erfiul~, 1998, as amended, by adding S~otXon 5-1.R
relating to wild o~ ~otic animals.
Absent: Mr. Daniel.
on motion of ~r. ~c~ala, ~econded by Mr. Colbert, the Beard
approved the fo]lowing r~ffle permits £0r calendar year
the ~ndowmsn% Fund of the Memorial Child ~uidance Clinic; the
Virginia Association of Chiefs of Police; the People 5elDers
Foundation, Incorporated; and the ~vergreen Elementary School
PTA~
Ayes: Mr. Warren, Mr. Ba~be~, Mr. Colbert~ a~d Mr. McHale.
Ab~ont: Rr. Daniel.
approved ~hanging tho name of Wes~buryDrive in ~xbury, ~ection
on ~otion of ~r. ~u~ale, ~e~onde~ by ~r- Colb~rt~ the Board
approved ehan~ing the name of White Mamor Lane (State Route
4~0) in ~l~n Tara, Section ~A, to Ti~bernorth Tra~l, effective
Oetsbe~ l~ 1993. (It ie noted Timbernor~l% Trail will serve
both Glen Tara, section ~A, and Timbermill North Subdivisions.)
Ayes: Mr. Warren, Mr. Barber, Mr. Colbert, and Er, M~ale-
Absent: Mr. Daniel.
This day the County ~nvirunmeatal engineer, in accordance with
directien~ frc~ thi~ Board, msd~ report in writing upon his
examination of Breokforest ~oad and ~rookforest Court in
Clarendon~ Seotien K~ Clovo~ Hill District.
Upon consideration whereof~ and on motion of Mr. ~¢Hale,
seconded by Mir. colbert, it is resolved that Hrookfore~t Road
and Brookfe~es= Court in clarendon~ section K, Clover ~ill
Di~triut, be and they heroby are established as public read~,
And be it fur=her resolved, that the virginia Degarhment of
Transportation, be and it hereby ~s requested to take into the
~rook~orest Court extends .20 mi~a~ from the intersection of
93-618 9/22/93
~his request is inclu~iv~ of the adjacent ~lope, sight
distance, clear zone and designated Virginia Department of
TranSportation drainage easements.
And be it further resolved, that the Board of ~upcrvisors
guarantees to the Virginia D~partment of Transportation an
cuts, fills and drainaqe for ~rookforest Road and Brookforest
Court which has a 40' riqkt-of-way.
This day tt~e County Environmental Engineer, in accordance with
directions from this Board, made report in writing upon his
examination of Branched Antler Drive, Brush Road, and Trophy
Upon consideration whereof~ and on motion of Mr. KcHale~
seconded by Mr. Colbert, it is reoolved that Branched Antler
Drive, Brush Roa~, and Trophy Suck Court ~n Antler Ridge,
Section 4~ Matosca District, be and %hey hereby are established
a~ public
And be it further resolved, that the Virginia DepartneD% of
Tran~pertation, be and it hereby is requested to take into the
secondary System, Branched Antler Drive extsnd~ .11 miles
th~ intersection ef Route 473S to =he eel-de-sac. SruEh ROad
extends .06 miles from the intersection of Branched Antler
Drive to th~ intersection of Trophy Buck Court. Trophy Buck
Court extends .09 miles from west cul-de-sac ~s eas~ cul-~e-
This request is inclusive of the adjacent mlop~, night
dlotanoe, clear Zone and designate~ virginia Department of
Transportation drainage
These roads Serve 2S lots.
And be it fur~er resolved, that the Board of zupervisoro
guarantees to the Virginia Qepar~ment of Transportation an
unrestricted right-Of-way of 50' with n~ce~sary easements for
c~ts, fill~ an4 drainage for all of the~e toads.
Thi= ~ection of Antler Ridge is recorded a~ follows:
Section 4. Plat Book 78, Page 73~ J~ly t5, 1992.
Ayes: Mr. Warren, ~r. Barber, Mr. Colbert, and F~r.
Absent: Mr. Daniel.
This day the County ~nvironmental Engineer, in accordance with
directions from thi~ Doard, made report in w~itieg upon hi~
examination eS Belmont Stakes DriYe, Belmont Stakes Court, War
Admiral Dr~ue, Count ~l~et Drive, Asoualt Drive and Affirme~
Drive, Deer Run Drive and Kentucky Derby Drlve in Triple Crown,
Section 3, Matoaca District.
93-619
Upon consideration whereof, and on motion of Mr. McHale,
seconded by Mr. Colbert, it is resolved that Belmont Stakes
Drive, Belmont Stakes Court, War Admiral Drive, Count Fleet
Drive, Assault Drive and Affirmed Drive, Deer Run Drive and
Kentucky Derby Drive in Triple Crown, Section 3, Matoaca
District, be and they hereby are established as public roads.
And be it further resolved, that the Virginia Department of
Transportation, be and it hereby is requested to take into the
Secondary System, Belmont Stakes Drive extends .18 miles from
the intersection of Route 4700 to the cul-de-sac. Belmont
Stakes Court extends .09 miles from the intersection of Belmont
Stakes Drive to the cul-de-sac. War Admiral Drive extends .32
miles from the intersection of Belmont Stakes Drive to the
intersection of Kentucky Derby Drive. Count Fleet Drive
extends .16 miles from the intersection of War Admiral Drive to
the cul-de-sac. Assault Drive extends .07 miles from the
intersection of Count Fleet Drive to the intersection of
Affirmed Drive. Affirmed Drive extends .15 miles from the
intersection of War Admiral Drive to the dead-end. Deer Run
Drive extends .23 miles from the end of Route 4700 to the end
of Triple Crown, Section 3.
This request is inclusive of the adjacent slope, sight
distance, clear zone and designated Virginia Department of
Transportation drainage easements.
These roads serve 106 lots.
And be it further resolved, that the Board of Supervisors
guarantees to the Virginia Department of Transportation an
unrestricted right-of-way of 50' with necessary easements for
cuts, fills and drainage for all of these roads except Deer Run
Drive which has a 60' right-of-way.
This section of Triple Crown is recorded as follows:
Section 3. Plat Book 70, Page 80, April 23, 1990.
Ayes:
Absent:
Mr. Warren, Mr. Barber, Mr. Colbert, and Mr. McHale.
Mr. Daniel.
7.B.10. AGREEMENTS FOR MAINTENANCE OF STORMWATER DRAINAGE
SYSTEMS AND BEST MANAGEMENT PRACTICE FACILITIES
7.B.10.a. GOLDEN CORRAL
On motion of Mr. McHale, seconded by Mr. Colbert, the Board
authorized the County Administrator to execute an Agreement for
Maintenance of a Stormwater Drainage System and Best Management
Practice Facility with LBE, Incorporated, the owner/developer
of Golden Corral, with the County's only involvement being to
assure the Maintenance Agreement is followed by the owner as
approved by the County Attorney. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes:
Absent:
Mr. Warren, Mr. Barber, Mr. Colbert, and Mr. McHale.
Mr. Daniel.
7.B.10.b. SALISBURY PRESBYTERIAN CHURCW
On motion of Mr. McHale, seconded by Mr. Colbert, the Board
authorized the County Administrator to execute an Agreement for
Maintenance of a Stormwater Drainage System and Best Management
Practice Facility with Salisbury Presbyterian Church, the
owner/developer of Salisbury Presbyterian Church, with the
County's only involvement being to assure the Maintenance
Agreement is followed by the owner as approved by the County
93-620 9/22/93
Attorney. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes:
Absent:
Mr. Warren, Mr. Barber, Mr. Colbert, and Mr. McHale.
Mr. Daniel.
7.B.11. AWARD OF CONSTRUCTION CONTRACT TO GERarD K. MOODY,
INCORPORATED FOR MILHORN SUBDIVISION WATER LINE
REHABILITATION
On motion of Mr. McHale, seconded by Mr. Colbert, the Board
awarded a construction contract to Gerald K. Moody,
Incorporated, the low bidder, in the amount of $249,780, for
the Milhorn Subdivision Water Line Rehabilitation Project (90-
0418R), which project involves replacement of old water lines
which are not of adequate size to provide fire protection and
authorized the County Administrator to execute the necessary
documents. (It is noted funds for this project are available
in the Capital Improvement Budget and a copy of the vicinity
map is filed with the papers of this Board.)
Ayes:
Absent:
Mr. Warren, Mr. Barber, Mr. Colbert, and Mr. McHale.
Mr. Daniel.
7.B.12. AWARD OF WATER CONTRACT TO F. L. SHOWALTER,
INCORPORATED FOR CONSTRUCTION OF BUFORD ROAD
WATER MAIN
On motion of Mr. McHale, seconded by Mr. Colbert, the Board
approved a water contract to F. L. Showalter, Incorporated, in
the amount of $428,030, for construction of the Buford Road
Water Main (Project 93-0072) and authorized the County
Administrator to execute the necessary documents. (It is noted
funds for construction are appropriated in the Capital
Improvement Program and a copy of the vicinity map is filed
with the papers of this Board.)
Ayes:
Absent:
Mr. Warren, Mr. Barber, Mr. Colbert, and Mr. McHale.
Mr. Daniel.
7.B.13. APPROVAL OF UTILITIES CONTRACT FOR PYPERS POINTE,
SECTION i
On motion of Mr. McHale, seconded by Mr. Colbert, the Board
approved a utilities contract for Pypers Pointe, Section 1,
Project Number 91-0184, as follows, which project includes
6,300 L.F. +- of 8 inch, 12 inch, and 16 inch water lines where
1,855 L.F. +-is offsite and 490 L.F. +- of the 16 inch water
extension is oversized and authorized the County Administrator
to execute any necessary documents:
Developer:
Contractor:
Contract Amount: Estimated Total
Total Estimated County Cost:
Water (Oversizing)
Water (Offsite)
Estimated Developer Cost
Code: (Oversizing - Refund thru Connections)
(Offsite - Refund thru Connections)
Park Associates, LTD.
William M. Harmon Contractor
- $127,349.53
$ 8,392.90
$ 25,478.00
$ 93,478.63
5B-572VO-E4C
5B-572VO-E4D
Ayes:
Absent:
Mr. Warren, Mr. Barber, Mr. Colbert, and Mr. McHale.
Mr. Daniel.
93-621 9/22/93
On motion of Mr. McEale, seconded by Mr. Colbert, the Board
accepted, ce behalf of the County, the conveyance of a parcel
of land contalnlng ?.491 acres north of Mid~othian T~npike for
Gateway Centre Parkway from Signet Bank/Virginia and amthorized
tbs County Administrator to execute the necessary deed. (It is
noted a copy of the vicinity sketch is filed with tbs papers of
Absent: Mr. Daniel.
ALONG ~OUTH ~ROVIDENCE ROAD FROM
On motion of F=r. McHale, seconded by Mr. Colbert, the
accepted, on behalf of the CoUnty, the conveyance of a parcel
of land containing 0.06~ acres along the west right of way line
of South Providence Road (State Route 67S} from Jeannette
Wil~on and a~thori=pd the County Administrator ~o execute the
necessary deed. (It is noted a copy of t~e plat is filed with
th~ pap~r~ of this
Ayes: ~r. Warren, Mr. Barber, Hr. colbert, and Mir.
Absent: Mr, Daniel.
TDBNTIFIED BY T~X MAP N~NBBRG 150-9{112. 150-13{1)2,
1~0-X~(1~, 1~9-1~(1]1, 149-1~(1)2~ AND ~HOWN ON THE
ATTAC~ED MAP. ~PBCIFICALLYo TO RE~ONE FROM ~
TO
On motion o~ Mr. McHals, secon&ed by Mr. Colbert, the Boar~
initiated a rezoning application for parcels identified by Tax
Ma~ n~ers 150-9(1)2, 150-13(112, 150-13[1]3, 149-16(1},1,
149-16(1)~, specifically, to rezone from A and M-1 to
appointed Mr. Gary R. McLaren, D~rector of Economic
Development, ~ their agent; waived the requirement for
d~scln~e; and instructed ~taff to double advertise the
rezoning request.
Absent: ~. Daniel.
On motion of ~r. McHale, ~econded by Mr. Colbert, the Board
accepted the following reports:
Mr. Ramsey pre~ented the Board with a report on the developer
water and s~wer contracts executed by the County A~mlnistraton.
~r. Ramsey presented ~he Boar~ with a statu~ report on ths
~eneral Fund Balance; Reserve for Future Capital Projects~
Distrlut Road amd S~reet Light Fund~; and Lease Purchases.
Mr. Ramsey stated the V~rginia Department of Transportation has
fok~mally notified th= County o~the acceptance of the following
roads into the State See0ndary system:
93-62~
ADDITTON~ LENdTH
AgMD~¥ GROVE. SECTION ~.r (Effective 9-1-93)
Route 3483 (Copperpenny Court} - From 0.13 mile
Southeast Route 2482 to 0.17 mile Southeast Route
3482 0.04 Mi
R~ED~$ HILL - SECTION B
Route 1065 {sDringcroek Drlvs) - From Route 1067
to 0.30 mile southeast Route 1067 0.30 Mi
Route $$96 (Summerhurst Drive) - From 0.13 mile
Northwest Route 1C65 ts 0.06 mile South Route 106~ 0.19 Mi
Route 4~55 (Firorast Place) - From Route 3996 to
0.06 milo Northea=~ Route 339~ 0.06 Mi
~o~te 4256 (Bria~eer ~ane) - From Route 1~65 to
0.~4 mile Northeast Rout~ 1065 0.14 ~i
Absent:
Warren, Mr. Barber, ~r- Colbert, and ~r.
Daniel.
wen~ into Executive Session pur=uant to Section 2.1-344(5)(1),
of a specific public official and a~ ~eou~ive Session pursuant
to section ~.1-344(a} I?), Code of virqin~a, 19~0, as amended,
for consultation with legal counsel regarding National
Re,Chroming:
on motion of Mr. MoHale~ seconded by Mr. Colbert, th~ Board
adopted the following resolution:
WHEF~EAS, the Beard of Supervisors has this day adjourned
into Executive Sea, ion in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Ac~ effective
July 1, 1989 p~ovidoe for certification that s~ch Executive
Session wa~ conducted in conformity with law.
NOW, THEREFORE BE IT RE$0LV=D, the Beard of Su~ervieor~
~oee hereby certify that to the best of ~ach member'~
knowledge, i) only public business mat=ers lawfully exempted
from open meeting requirements under the Freedom of Information
Act were discuseed in the ~xeoutive session to which this
Certification applies, and
9/22/93
ii) only such public b~s±ness hatters as were identified
ia the Motion bywhich the ~×~cutlv~ Session was convened were
heard, discussed or considered by the Beard. NS member
dissents from this oertifieatlon.
Th= Boa~d being polled, the vote was ac fellows:
Mr. McHale : Aye.
Mr, Colbert: Aye.
M~. Barber : Aye.
Mr. Warren : Aye.
9- DINNER MEETING WITH REPRESENTATIVES OP THE CAPITAL
TR~ININ~
On notion of ~r. Colbert, seconded by Mr. Barber, the Board
recessed to the Administration Building, Roon 502~ for a dinner
meeting with r~pre~entatlves of the Capital Area Training
Ayes: M~. Wa~ren~ Mr. Barber, Mr. Colbert, and }ir. ~cBale.
Repre~entati¥=u of ti~e caDital Area Trainimg Coneortlum met
with the Board of Supervisors for a dinner meeting and
presented a brief hietsry of the consortium and their
mucomplishments; reviewed the Capital Area Training Con=ortium
Agreement; reviewed services provided to Chesterfield County;
reviewed the mission ~t~te~ent and goals of =he Capital ~rea
Private Industry Council; highlighted their visio~ for the
future; and r~q~ested the Board to continue their support of
the Capital Area Training Consortium.
It was generally agree~ to recess to the Public Meeting Room to
continue the regularly scheduled meeting.
Reconveninq:
10. INVOOATION
Mr. Wa~en i~tredueed Reverend ~erton A. Williams, Aero,late
Pastor of Spring Creek Baptist Church, who gav~ the invocation.
~MERIOA
Mr. C. F. Currin, Jr,, past Supervisor ~or ~ermuda District,
led the Pledge Of Allegiance to the Flag of the united States
of America.
Far. Ramsay announced the appointment of Mr. Craig Bryant as
Director of the Utilities Department, stated Mr. Bryant hae
been employed wi~h the Department ~or ~2 yeare, and reviewed
his experience and expertise,
~r. Bryant e~pr~ssed uppreciation for the opportunity and
citizen~.
93-624 9/Z2193
12. ~EZOLUTIONS AND ~PECI~L,BECO~NITIONS
Avis Gate~, Nar~ting ¢o-Chai~an; Ms. Pam Phillips, ~arketing
Co-Chairman; M~. Debi Evans, Administrative Co-chairman; Ms.
Bet Ludden, Administrative co-chairman; ~. Tom Thornton,
Scheduling Coordinator; Fir. Dan Dalton, Egulpnent and Fiel~
Coordinator; ~r. Dove Battfston~ Special Events Co-Chairman;
On motion of the Board, the following re~olution was adopted:
WH~2~AS, Christopher Columbu~ discovered the New World On
Octobe~ 1~, 1492 amd w~ Since have celebrated that date am an
i~portan= ~e~ican holiday; and
~R~S, ~ holiday weekend ~n the Fall is a wonderful tine
to hold a sporting ~veDt; and
Dlay~d by ~erican youth, w~th thousand~ of boy~ and girls
~EREAS, the Richmon~ ~etropolitan Youth SoCcer L~ague,
oonsistinq of 19 clubs with a total of 145 select teams
fielding 1,600 or mo=~ 9layers (and an additional 13,000 in
recreational pro~nm~) ~epresenting th~ Cities of Richm~n~ and
Charlottesville, an~ the Counties of Chesterfield, Hanover,
ninth 'consecutiv~ year, utilizing 27 soccer fiel~ at 8
eO~Dl~Xas in Chesterfield County; and
coming from V~rgin~a, ~orth carolina, Maryland, West Virginia,
~ER~S~ theme tournament participants will be ren~ing
approximately 1,000 roams ~n more ~an 14 hotels in
Chesterfield County and p~cha~ing food and other item~ during
~=R~S, the revenue generated for Chesterfleld Co~ty by
~ one e~ent should be aDDreciable.
County soard of $up~vi~o~ heraby d~lares ~e weekend of
October 8-10, 19~3 as "RiG~und ~etro~utitan Youth Soccer
County, virginia.
Mr. ~ates; ~s. PhilliDs; ~. Evans; Hs. Ludden; ~. Thornton;
Mr. Dalton; a~d ~=ssr~. Battiston and re¢o~ized the im~ortanc~
9/22/93
"NATIONAL DEAF AWARE~E$8 WEEK"
~r, ~a~e~ introduced Mr. and Mrs. David Ram~ey who were
present to receive the reselutiom.
On motion of the Board, the following resolution was adopted:
WHE~d~A$, the World Federation of the Deaf is an
international organization compo~ed of seventy national
associations of the deaf, whinh in collaboration with the
united Nations (UNESCO, World Kealth Organization and
International Labor office), serves all countries in the
enhancement c~ the social, economic, and cultural lives of deaf
and hard-of-hearin~ people; and
%~{~REAS, ~he World Federation of the Deaf has in ~e pa~:
for~y-~wo yea=~ provided leadership at the international level
in medicine and uudiolo~, p~ychology 0f deafness, educational
develoDmen~ and innovation, vocational rehabilitation,
communications ~e~odology, p~rsonal and ~ooial welfa~e~ art
WHEREAS, ~ National A~sociation of the Deaf (N~) will
participate an an integral part of ~e Deaf World Wee~
c~lebrat~on of the World Federation of ~ Deaf; and
~E~AS, repre~entatlves from a wids area of leadership in
the United States of ~rica ~ing d~af and hard-of-hearing
populations throughout the world will be observing th~
t~ n~d~ of d~af and hard-o~-hearinq people throughout the
count~; and
~ER~S, the Co~ty of chesterfield offers its
wholehearted welcome and best wishes to all participants for a
commitment to a ~ali%y life for thc enti~e deaf and har~-of-
hearln~ population in the nation.
NOW, T~EFORE ~= IT R=SOLVED, that the ~est~rfi~l~
County Board of Supervisors does hereby proclaim S=pte~ 19-
~5, 1993 a~ "Na:ional Deaf Awareness Week" in Chesterfield
Co~ty and invites all of its citizens to join in the
observance of thi~ we~k-l~nq o=c~ion.
~. Warren, Mr. Barber, Mr. ColDer=~ an~ Mr. ~oH~l~.
~. Daniel~
Ra~ey a~d grated the Board is pleased to observs such an
important ev~t and recogni~ the strong allegiance and
dedication to ~e g0al~ in which ~ey hav~ established for
~hemselves and ~eir friend~.
Claims scheduled at this time.
93-626 9/22/93
iI
AVIATIO~MTNTSTRATIONANO THN ~TATR DEPARTMENT OF
~VTATT0~ FOR IMPROVEMENTS TO T~ COUNTY ~I~PORT
F~CILITIE~
~. Hammer stated this date and time has been ~cheduled £er a
pahlic hearing to consider the appropriation of revenues
expenditures for gran~s from the F~deral Aviation
Administration (FAA) and thm Stat~ Departmen~ c~ Aviation (VDA)
for i~provenents to the co%mty Airport facilities; however, due
to t-he FAA ~educing the amount of eligibility b~low the amount
r~quired to hold a public hearing, staff reeommend~ the public
hearing be cancelled.
~e one came forward to ~peak in favor of or against this
On motion of Mr. McMale, s~ca~ded by Hr. Colbert~ the Board
cancelled a Dubli¢ hearing tc consider the appropriation
revenues and expendltur~ for grants ~rcm the Federal Aviation
Administration (FAA) and the State Department e£ Aviation (VDA)
for improvements to the County Air~ort facilities.
Ayes: Mr. ~arren, Nr. Barber, Mr. Colbert, and ~r.
Abssn~: Hr. Daniel.
14.R. TO CO~SIDBRAN.ORDINANCE TO A~DTHE CODE OF TH~ COUNTY
OF C~STBRFIELD. 1978, ~ R~D~D. BY ~J~EN~TN~
..~NTEBTAINMEN~. FE~TIT~L~ ~D ~CTIONS 4-~9 ~D 4-3~
~L~TING TO B~NGO G~ES ~D ~FLE~
Mr. ~ica~ ~tated ~is date and time has been advertiue~ ~or a
public hearing to con~ider an ordlnanoa relating to musical
~nt~rtainment fe=tlvai~ and ~ulotinq to bingo games and
raffles.
No o~e came forward to speak in ~avor of or agalnmt this
ordinan~e.
On motion of Mr. Colbert, seconded by ~. ~Q~ale, the Board
adopted ~he fo[lowlng
~ ORDIN~CE TO ~ND THE CODE OF THE CO~TU
OF C~ESTE FIELD, i978, AS ~E~DED, ~Y
~D RE~ACTING SECTION 4-18 RE~T~NG TO
~T~TAI~ENT FESTIVAL~ ~D ~CTIONS 4-29 ~ 4-32
R=~TING TO BINGO G~ER ~D
BE iT O~AINED by the Board of Supe~i~or~ of Chesterfield
County:
(1) That Section 4-1S of the Code of th~ County of
Chesterfield, 19~8, as amended, iE amended and reenacted to
read a~ follows:
Sec. 9-18. P~tts--Required; applications: i~suance.
(a) It shall b~ unlawful ~o state, promote or conduct a
musiual or entertai~=nt festival from which the applicant,
~romotor and sponsor wil~ receive or potentially receive
~inancial b~nefit or gain within thi~ county unlem~ the~e shall
have first been obtained from the board of ~upervisor~
county administrator a permit for each such festival.
(b) Application for a ~e~i~ shall be m~de in writing and
shall bm filed in duplicate with the COUnty a~mini~trator
9/22/93
least thirty (30) days prior to the date of such festival. Each
application shall have attached thereto and made a part thereof
the plans, statements and other documents required by section
4-20. If the application does not contain the necessary plans,
statements or documents required by the article, the county
administrator may refuse to accept such application for filing.
(c) The board or county administrator shall act on a filed
application within thirty (30) days of filing and shall not
issue a permit unless the requirements of this article are met.
Each permit issued shall be issued in writing and mailed by the
county administrator to the applicant at the address indicated
in the application. Failure of the board or county
administrator to take action on a completed application filed
in duplicate within thirty (30) days after the filing thereof
shall be deemed an approval of such applications. Any
applications issued by the county administrator pursuant to
this section shall be valid until the date of the next
scheduled board meeting.
(d) This section shall not apply to an entertainment or
music festival in a county park or other facility subject to
regulation by the parks and recreation department, provided
that the organization obtains a special events permit.
(2) That Section 4-29 of the Code of the County of
Chesterfield, 1978, as amended, is amended and reenacted to
read as follows:
Sec. 4-29. Issuance of permit.
(a) Each permit shall be issued by the chairman of the
board of supervisors upon prior approval of the board. A
temporary permit may also be issued by the county
administrator, for a period not to exceed thirty (30) days,
provided that the permittee complies with all applicable
provisions of this article. Each permit shall be issued on a
calendar year basis and shall be valid from the first day of
January until the thirty-first day of December of each year.
Each permit shall be nontransferable. An organization which
obtains a permit to conduct a raffle may sell raffle tickets
both within and without the county, except that pull-tab
devices as defined in section 4-26.1(b) used as part of a
raffle may be sold only upon the premises owned or exclusively
leased by such organization and at such times as it is not
opened to the public, except to members and their guests.
(b) Each permit shall be valid only within the county and
only at the locations designated in the permit application;
provided, that a permit may be issued to an organization which
relocates its meeting place on a permanent basis from another
jurisdiction to a location within the county if:
(1) The organization meets the requirements of
section 4-27(f); and
(2) The organization was the holder of a valid
permit from the other jurisdiction at the time of
relocation.
(3) That Section 4-32 of the Code of the County of
Chesterfield, 1978, as amended, is amended and reenacted to
read as follows:
Sec. 4-32. Records and reports of gross receipts and
disbursements.
o o o
93-628 9/22/93
(b) Each financial report shall be accompanied by a
certificate, verified under oath, by the board of directors of
the organization to which the permit is issued, that the
proceeds of all bingo games and raffles have been used by those
lawful, religious, charitable, community or educational
purposes for which the organization is specifically chartered
or organized and that the operation of bingo games or raffles
has been in accordance with the provisions of Code of Virginia,
title 18.2, chapter 8, article 1.1. (18.2-340.1 et seq.)
Additionally, any organization having annual gross receipts
from bingo games or raffles in excess of two hundred and fifty
thousand dollars ($250,000), as shown on its annual financial
report, shall attach to such report an opinion of a licensed
independent certified public accountant that the annual
financial report presents fairly, in all material respects,
beginning cash, receipts, operating cost, use of proceeds, and
ending cash; that the proceeds of any bingo games or raffles
have been used, in all material respects, for those lawful,
religious, charitable, community or educational purposes for
which the organization is specifically chartered or organized;
and that gross receipts have been used, in all material
respects, in accordance with the provisions of this article.
o o o
(4) That this ordinance
immediately upon adoption.
shall become effective
Ayes:
Absent:
Mr. Warren, Mr. Barber, Mr. Colbert, and Mr. McHale.
Mr. Daniel.
14 .C.
TO CONSIDER AN ORDINANCE ENTITLED, "AN ORDINANCE TO
ESTABLISH THE ROUTE 10/LANDFILL DRIVE SEWER
ASSESSMENT DISTRICT TO CONSTRUCT CERTAIN SEWERAGE
FACILITIES THEREIN, AND TO IMPOSE CERTAIN TAXES OR
ASSESSMENTS UPON THE OWNERS OF PROPERTY LOCATED THEREIN"
Mr. Stith stated this date and time has been advertised for a
public hearing to consider an ordinance to establish the Route
10/Landfill Drive Area Sewer Assessment District and to
authorize the transfer of $200,000.
Mr. Micas noted this item advertises an 8 percent interest rate
if a citizen chooses to pay the assessment over time; however,
the actual interest rate would be 3.38 percent.
No one came forward to speak in favor of or against this
ordinance.
On motion of Mr. Colbert, seconded by Mr. McHale, the Board
transferred funds, in the amount of $200,000, from the Trunk
System Project to the Assessment District Project and adopted
the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1978, AS AMENDED, BY ADDING
AND REENACTING ARTICLE XII, CHAPTER 20
RELATING TO THE ROUTE 10/LANDFILL DRIVE AREA
SPECIAL TAX OR ASSESSMENT SEWER DISTRICT, TO CONSTRUCT
CERTAIN SEWER FACILITIES THEREIN, AND TO IMPOSE CERTAIN OR
TAXES OR ASSESSMENT UPON OWNERS OF
PROPERTY LOCATED THEREON
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That the Code of the County of Chesterfield, 1978, as
amended, is amended and reenacted by adding to Chapter 20 a new
article, Article XII, to read as follows:
93-629 9/22/93
Article XII. Route 10/Landfill Drive
Special Tax or As~msment Sewer District
Section 20-200. Definitions.
In the context Of this Article, the definition~ contained
in this section shall be observed end applied, except when the
context clearly indicates otherwise.
District. The Route 10/Land~ill Drive Area special Ta× or
Map of the.~istrict. The map entitled "Route 10/Landfill
by the County of Chesterfield Department of Utilities, dated
with the Director of Utilities.
Section 20-201. Establishment of Rout~ 10/Landfill Drivc_A_~
Virginia, 1950, as aman4ed, there is hereby created in the
County the Route 10/Landfill DriVe A~ea Special Tax or
a~ th~ sam~ is hereby fixed within the boundaries depicted on
and 5djac~nt to the D.isD~ict.
The utilitims Department mhall cause to be constructed in
and adjacent to the District the s~wer line amd appurtenant
facilities depicted on the Map of the District.
Located Within the District.
facilities located w~thin the District shall be apportioned
abutting property shall be in the ~ame proportion to the total
cc~t of the improvements const~oted wi=~in the District
District w~ich i~ owned by the abutting proper=y owner bears to
line and appurtenant ~acilities luu=tcd within =~e District,
Any person against whom an assessment provided for ~n
Article XII has been finally mad~ shall pay the full amount of
the assessment provided for in this Article XII, on the ~ue
~ate of the first tax bill on which such a~s~ss~ent is shown.
prior to the completion Of the sewer line and appurtenant
alternative to payment ~s provided above, a person against whom
may pay such assessment in twenty equal semi-annual principal
in~tallment~ over a period c~ ten (10) years, together with
sim~le interest on the unDald principal balance at the rate
be ~e on and interest on =he unpaid principal balance shall
would otherwiae have been due as provided above.
(2) This ordinance shall become mffeotive immediately
upon its adoption.
Ayes: Mr. Warren, Mr. Barber, Mr. Colbert, and Hr,
Absent: Mr. Daniel.
TO CON~IDER REN~WIN~ ~ OPTIOH TO P~RCHASE A
L;~DCQ.N?;%INTNG 2,691 SQU~ ~ERT, ~E OR LE~S, LOCATED
B~HI~ ~ESTBR FIRE ~TATION LOCATED OFF HULL 8~EET
RO~, IN CLOVER HILL ~,ST~RI~ DI~TRT~T. CO~RD TO
RIC~O~ CELL~ TELE~ON~ COMP~
Mr. Micas ~tated ~i~ date and time has been advertised for
p~lio ~ea~ing to consider renewing an option to purchase a
parcel of land c0~v~y~d ~o Riohmond cellular Telepkone Company.
Ha furth~ stated the option h~s e~ired and ~ic~0n~ Cellular
days and if Richmond Cellular chooses to ex~rci$$ its option
~u:=hume the parcel, ~e County will receive $25,000 and
=~ipm~nt free of
On notion of Mr. Warren, seoonded by ~. Colbert, the Board
renewed tho August 29, 1991 Real E~tate P~oha~=
contract to purchase a parcel of land containing 2,691 s~are
feet, more or leaa, located buhlnd Manchemt~r F~re Station
located off Hull Street R~ad, in Clover Hill Magisterial
Distriot, oonv~y~d ~o Richmond cellular Telephone Conpany
a period of ~ixty days.
Ayes: Mr. Warren, ~. Barber, ~. Colbert, and Mr.
Absent: Mr. Daniel.
~r. ~oHal~ acknowledged Ms. Bobble Gale Stall, an
for h~aring-impaired persons, who was present at the meeting
and sta~e~ he is a~reoiative that hearing-impaired individuals
have the opportunity to participat~ at the ~oard
rezoning fremAgrioultural (A) to Residential (R-9). A single
family residential subdivision wit~ha minimum lot size of ~,~O0
square feet is planned. Residential use of up to 4.84 units
per acre i~ permitted in a Residential (R-9) District. The
Comprehensive Plan designates the proper~y for residential u~e
of 1.51 to 4.00 ~nits per acre. This request lies on a 2~.~
acre parcel fronting approximately 670 feet on the neTth ling
of Powhite Parkway and lying at the southern terminus of
Winbu~y Drive and Upperbury Terrace. Ta~ Map 37-4 (1) Part of
Parcel 6 (Sheet 13).
the Planning Commission and staff recer~nand~ appro¥al and
acceptanc~ of the pro££er~d conditions. He noted the request
conforms to the Pewh~te/Reute ~_~eyelopment Area Land Use and
There was no opposition present.
9/22/93
On motion of F~r. Colbert, ~econded by Mr. McHale, the Board
approved Case 935~0195 and accepted the following proffered
conditions:
1. The applicant, subdivld~r, or a~igneeI~) shall pay the
of building permit applleation for infrastructure
improVement~ within the service district for the property:
a. $4,~00 per lot, if paid on ar prior to June 30,
1995; or
The amount approved ~y ~e Board o~ supervisors not
to exceed $4,000 per lot adjusted upward by any
increase in the Marshall and swift Building Cost
I~ex b~t~n ~uly 1, 199~, and July 1 of the fiscal
year ~n which the palrment is ~a~e if paid after June
3o, 1993.
2. The public wastewater system will be used.
3. There ~hall be at least 1D~ foot setback from the Powhite
Parkway right Of way. This setback s~all be exclusive of
all required yards. All vegetation shall be maintained in
the ~50 foot setback area unless removal of the vegetation
is approved by th~ wlauning Commission.
Ayes: /~r. Warren, Mr. Barber, ~. Colbert, an~ Nr. No,ale.
Absent: ~. Daniel.
In Midls~hian Magisterial District, F~T p~NT$~OSTAL
CHURC~ requested Conditional U~e to permit u child care center
in a Residential (R-15) D~strict. The appliaants intend to
expand the e×iEting church buildings to acco~u~odate church use,
as ~ell as child care use. The density of ~uch a~en~ment will
be controlled by zoning ¢0editio~$ or 0rdi~ance ~tandards. The
Comprehensive Plan designates the property for residential use
of 1.~1 to 4.00 units per acre. This re,nest lles on 20.0
acre~ known as 828 Buford Road. Tax Map 18-7 (1) Parcels
Mr. Jacobsen presented a summary of Cass 9~SN0212 and stated
the Planning Commission and staff recommends approval
to a condition and acceptance of ~he proffered conditions.
There was no opposition
On mo%ion of ~r. Barber, seconded by Mr. Colbert, the
a~prov~d C~¢ 935~0212 ~ubject to the following condition:
Any child care use may be conducted only in conjunction with
And, fur%her, ~he Board accepted the ~ollowln~ pro~ered
conditions:
I. Except as further restricted he~ein~ outdoor playflelds or
similar active recreational areas associated with any
~hild dare use shall be set back a minimum of forty
feet from all property ~ines.
2. At such time that any psrtlon of the prop6rty located
within 125 feet cf the southern property boundary is used
for any active or passive u~es or any imprsvements~
fifty (50} foot buffer shall be provided along the
southern proper~y line. This buffer shall cOmply ~it~
9~ctions 21.1-~6, ~1.1-~7 (a) through (h) and
Absent:
(u) (2) provided hnwever thst there shall be ne pedestrian
or vehicular access through this buffer.
(MOTE: This condition will preclude any pedestrian er
vehicular ingress/egress through the buffer into S~it
Acres Court.)
~nrollment ekall be limited to a maximum of 1~0 children
du~ing any twenty-four (24) hours period.
~ottrs of operation shall be limited to between 6:00 a.m.
an4 8:00 p.m.
=xcept where Residential (R-15) standards are more
~estrictive, development ~hall comply with ~oning
Ordinance requirements for office, commercial and
industrial uses in Emerging Growth Areas.
Prior to issuance of an occupancy permit for any day care
use, additional pavement shall be conotruetcd along Buford
Road at the approved access to provide a right-turn lane.
Wr. Warren, ~Ir. Barber, ~L~. Colbert, and Mr. MoHale.
Mr. Daniel.
In ~i~iothian ~agisterial District, ~I~ 89~D~ER~ requested
~ezo~ing from Community Business (B-~) to Community B~si~e~
(C-3). A~automobila alec~ronics business is planned; however,
with the approval of this r~quest, other com~nlty business
uses would be p~rmitted. Tho density of such ~endment will be
controlled by zoning condition~ er 0rdinanoe standards. The
comprehensive Plan designates the property for general
commercial use. This request lies on a 0.81 acre parcel known
as 8300 M~dlnthian Turnpike. Tax ~aD 18-15 (1) Parcel 22
(Sheet 8).
~ir. Jacobsen presented a summary of Case 9ZS~02~ and ~tated
the Planning Commission and staff rece~nmends approval and
conforms to the~thern Area Land U~e a~d T~nsportation Plan.
There was no opposition present.
On motion of Mr. Barbe~, seconded by Mr. Colbert, the Board
approved Case ~$$N0~$~ and accepted tRe ~llowing proffered
conditions:
Prior to any Community Business (C=3) use occupying th~
mite, evergreens having a minimum height of five (5) feet
at time of planting and ~paced a maximum of five ($) feet
on een~ar, shall he ~nstalled along the northern property
boundary.
~. No automobile ~ervlc~ or repair facility shall he open to
t~e pttDlie between the hours of 9:00 p.~. and Sc00 a.m.
Monday through S~turday, nor between the hours of 9:00
p.m. Saturday and 8:00 a.m. Monday.
3. All automobile service and repair ohall be conducted
be sleaed during any so~d testing of any automobile
~t~r~o equipment. All bay doors shall be closed between
the hour~ of 9100 p.m. and 8:00 a.m. ~ondey through
Saturday and between the ho~rs of 9:~0 p.m. saturday and
8:00 a,~. ~enduy, except for ingress or eqre~ of
vehiolee.
9~-633 9/22/93
Absent:
4. Fast food restaurants shall be prohibited.
5. Any building Occupied by a Community Business (C-3) use
~hall have brick e~terlors on the front and s~de and ~he
rear exterior may be Constructed of either brick or split
face concrete masonry (block) integrally colored =o match
the brick on the side an4 front of the building. Further,
all mechanical equipment whether ground-level e~ rooftop,
~or any building which is eocupied Dy a Community Business
(C-3) use, shall be shielded end screened from public view
and designed to be perceived as an integral part of the
building.
6. Prior to any mite plan submission, the owner/developer
shall notify the last known President of the Ben Air Mills
Community Association.
Mr. Warren, Mr. Barber, ~r. Colbert, and Mr. McBale.
Mr. Daniel.
~35~0249
In Bsrmuda an~ ~atoaca ~agi~te~i~l 0i~ri~t~ CURRX~AND ~0~
PROPERTIEB~ INC. requested Condi:ionel Use Planned Development
to permit a 50G-foot communications tower in an Agricultural
(A) Dist~iet. T~e density of such amendment will bn controlled
by zoning conditions or ordinan=e standards. The Comprehensive
Plan designutes the property fO~ light industrial use and for
residsntial use o~ from i to 5 acre lots. This request li~s on
5.2 acre~ fronting approximately 60 feet on the west line of
I~wis Road, appro~imate!y 3,~oo feet so~th of Iron Bridge Road.
Tax Map 114-14 (1) Part of Parcel 14 (Sheet
Fir. Jacobsen presented a ~u~ary of ca~e 93SN0249 and stated
the Planning commission an~ staff recommends approval subject
to conditions and acceptance of a p~Off~r~d condition.
noted the request confo~s ~0 the central Area Land ~sa ~d
Transportation
There was no opposition present,
On motion of Nr. colbert, seconded by Mr. McHale, the board
approved Ca~e 99SN0149 ~ubject to the following
1. Ther~ s~all be no siqn~ permitted to identify thi~
2. ~e base of ~he tower shall be ~olos~d by a minimum six
(6) foot ~igh fence, desiqned ~o preclude
Th~ fenoe shall b~ place~ s0 a~ to provide ~ufficlent room
between =~e fence and property line to
evergreen plantings having ~n initial h~ight and
to provide screening of th~ ba~e of ~e tower and the
e~uiD~ant building from the adjauent property to the
sou~. A detailed pl=n depicting this requirement ~all
be su~itted to the Pla~ing Department for approval
conjunction with final zite plan review.
3. ~y building or mechanical equipment ~hall comply with
section ~1.1-24~ of the zoning ordinance relativs to
screening of mechanical equipment.
mechanical equipment located on the building or ground
not from anticipated indus%rial development north of Lake
tower-mounted equipment.)
Prior to release of a building permit for the tower, a
copy of FAA approva~ shall be submitted to the Planning
Department.
5, The tower and equipment shall be designed and in,tailed so
as not to intsrSore with the Chesterfield County Public
surety Trunked ~ystem. The developer ~hall perform an
engineering study ko de~ermlne the possibility of radio
frequency interference with the County system. Prior to
release of a Building per. it, the study shall be submitted
ts, and approved by, the Chesterfield County
Communications and Electronics staff.
The developer ~hall be responsible for correcting any
frequency problems which affect %he chesterfield County
Public Sefety Trunked Syste~ caused by thi~
corrections shall be made immediately upon notification by
the Chesterfield County Communications and
s~aff.
7. The color and lighting system for the tower shall b~ as
follows:
a. The tower ~hall be grey or another neutral color,
acceptable to the Planning Department,
b, Medium intensity strobe lights with upward
reflection may be u~d during daylight hours.
c. soft blinking r~d lights shall be used during night-
time hours. (P)
8. All driveways and perking areas shall be graveled or paved
and maintained to minimize dust problems and ~rovide ease
of ingress and egress.
A~d~ further, the BoaEd accepted the following proffered
condition:
A~y parab01i= antenna system(s) (i.e., dish) shall be mounted
no higher than 200 feet.
Ayes: Mr. Warren, Mr. Barber, Mr. Colbert, and Mr. McHale.
Absent: Mr. Daniel.
93B;O~X3 (Amended)
Tn ~atoaca Magisterial D±~triot, ~UR~H OF OUR SAVIOUR
requeste~ rezon~ng from Agricultural (A) to Corporate Office
(0-2) of 7.3 acre~ and to Community Business (C~3) o£ 1.2
acres. A ~i~ of offlce~ co.unity commercial and church uses
are planned. Th~ ~e~sity of such amendment will be controlled
by zoning conditions er Ordinance standards. The Cumprehen=iv~
Plan designates the property for general commercial use and
residential ~se of 1.51 to 4.00 units per acre. This request
4001 Stigall Drivs. Tax Map 49-13 (1) Parcel 6 and Tax Map 49-
14 (1) Par=als 1, 2 and 17 (Sheet 14).
~r. ~uole presented a summary of Case 93SN0213 and stated the
Planning Commission and staff recommends approval and
conforms to the Northern Area Lend Use and Transportation plmn,
recommendation is acceptable.
Ms. Doris Davi~ stated she resides ad, scent to the Church; that
she feels the Church is an a~et to the ¢O~Q~uBity and expressed
con,ems relative to the manner in which the applicant has
pursued the razoning; that she feels th~ rsz0ning i~ not in the
b~st interest of the neighborhood; that she is opposed to the
resorting of either piece of property; and req//ested the Board
to deny the request.
Ms. Dorothy Chsrlus stated she has resided on Stigall Driv~ for
45 years~ that she donatod the property to the Church in memory
of her late husband; tha~ the is s membe~ of the Church and
promised her neighbors ~he would not support anything that
would depreciate th8 value of property in the neighborhood;
that she feels the rezoning will negatively impact the
neighborhood; that the Church is an asset to tho co~mualty; and
requested the Board to deny the request.
Mr. ~ugene Davis expressed concerns relative to the additional
traffic the request will generate on Stlgsll
Mr. Hudgins stated he is a ne~bar of the Church; =~a~ he
understands th~ concerns that have been expressed, hut the
Church ha~ ~ade a decision to relocate; ~ha= ~a property
be~n marketed as a Church~ that he feels additional traffic
Will not De generated by this request; and that the resorting
will improve ~e safety o~ th~ int~rceotion in the area.
~. Warren ~tat~d ~e Planninq Collision's report stated the
neighborhood has not had ~e opportunity to evaluate the
amended proposal mn~ in,mired am to whether the neighborhood
proponat.
There was brief discussion as to whe~er the applicant ~a~
wit~ the ~e co,unity to discuss ~he proposal and address
their concerns.
0n motion of ~. Colbert, seconded ~y Mr. MoHale, the Board
approved Case ~3SN0213 mad accepted the following proffered
conditions:
The following proffered conditions sh~ll apply to any u~ other
than church use. Any church use ~hall confo~ to the
3 Districts.
1. For uny use o~er than church ~se, a ~eventy-five (75)
foot buffa~ shall be provided along ~e boundary of the
request site adjacent t~ =~iculturally zoned
(Tax MaD 49-~4 (1) Parcels 3 and l~) and residentially
sorted properties in Hunters Landing and Frederick Fa~s
Subdivision. This buffer shall conform to the
r~quirement~ of the Zoning Ordinance for seventy-five (75)
through (h) and Section 21.1-228. ~rth~r, all
healthy vegetation, exoeD~ underb~sh, within ~ buffer
shall be rutuined except where r~ovul is necessary to
t~ough the buffer. A six (6) foot high solid board fence
this buffer. There shall b~ no reduction or
approval.
(NOTE: Existing buildings or improvements wi~in this
buffer may be used for any ~ermitte~ use. However, any
new improvement~ must be located out~ide the ~uffer.)
93-636 9/22/93
within the c-3 tract~ the following uses shall not be
permitted:
a. Occult sciences such a~ palm readers, astrologers,
b. Laboratories.
c. Indoor target or shooting range.
storage yards for vehicles awaiting body
repair/painting, auction or wholesale sales,
Commercial kennels.
Fraternal uses.
Antomobile service stat/one.
Nightclubs.
on the 0-2 tramtm shall be restricted to all uses
in th~
£ollowing
Uses
permitted by right and with restrictions
Neighborhee~ 0£~ioe (O-t) District plus the
corporate office [0-2) u~ea:
a. Art school, gallery or museum.
b. Eedioal clinics,
c. Men,anger or telegraph services.
d. Schools/colleges - public and private.
e. Schools - business.
4. Except aE noted herein, development within ~he O-2 traGts
shall conform to the required conditions outlined in th~
Zoning Ordinance for O-1 Districts, ~eeticn =1.1-136.
Provided~ however, that the existing structur~ located in
the 0-~ tract north of Stigall Drive on Tax M=D 49-13
Parcel 5 may be e~anded to a ma~i~u~ of ~,00~ gross
square feet of floor area.
(NOT~: This condition would limi= =~e overall d~nslty of
individual projects ~ithi~ the 0-2 tracts to a maximum
density cf 5,009 sguara feet of gross floor area per
acre.)
5. Buildings shell not exceed one (1) story in height.
(NOTE: This condition does not apply to
must conforn to the height limitation ~pecified he=sin.)
sti~all Drive and stigall Drive Relocate~, design specific
measures shall be provided to mitigate the impa0~ OS
meaeur~ ~hall include, but not necessarily be limited to
additional landscaping, decorative fences, walls, hedges,
harms, etd. The exa¢~ treatment shall be approved by the
Planning Department at the time of cite plan review.
7. Prior to obtaining a building permit, one of the following
shall be accomplished for fire protection:
a. The owner, Developer or assignee(s) s~all pay to the
percentage that the Mursh=ll swift Building COst
and th= dst= of payment. With the approval of
assignee(s) shall recelv~ a credit toward the
suppression system not otherwise required by law
which is included as a part of the development.
93-657 9/22/93
lC.
A~ ~ ent:
The Owner, Developer or assignee(~) ~hall provide a
fire suppression system not otherwise required by
law which the C0unty'~ Fire Chief determines
s~b~ta~tially reduce~ the need for County facilities
Prior to site plan approval, thirty (30) feet of right of
way on the north and ~outh sides of Stigall Drive,
measured from the centerline of that part of stigall Drive
immediately adjacent to th~ property, fha11 be dedicated
free and unrestricted to and for the beneSlt of
Chesterfield County.
Priur to issuance of any occupancy permits, additional
pavement ~hall be constructed along the ~outhbound lanes
of Genlto Zoa~ et the Stigell Drive intersestion to
provide a right turn lane.
If any of the impS~viou~ areas of the site drain t~rou~h
Freoeric~ Farm~, then for that portion of the property
located north of Stiqall Drive and which drains r~rough
Frederio~ Farms Subdivision, ~rainsge shall be designed to
retain the 100 post development rate with a release rate
based upon the moss rss~r~=tlve downstream condition for
containment within existing drainaqe easements and/or
roadside ~itches or culverts; however, the release rate
·hall not exceed the te~ (10) year po~t-development rate.
~r. Warren, Mr. Barber, Mr. Colbert, and Mr. McHale.
Mr. Daniel.
In Mi~ls~hian Maglsterial Di~trlct, R~V~RTON ~2~OCI~TES
requested rezoning from Reoide~tial (R-A0) to Residential (R-
15). A single family rssidentia! subdivision with a minimum
lot size of ~0,000 square feet ~nd an average lot size of
25,000 square fee~ is planned. ~esidential use of up tO ~-9~
units per acre ia permitted in a Residential (R-15) Dimtrlct.
The applicant ha~ agreed to l~m~t the development to a maximum
of ~.] %mit~ per acre. The Comprehensive Plan dezignates the
property for residential use of 1.50 units per acrs or less an~
for parks, recreation and open space use. This request lies on
163.11 acres lying approximately 375 feet afc the northeast
line of Robieu~ Road£ approximately 1,~00 feet north of
Brigstoek Read. Tax Map 1 (1} Parcels 10 and 24 and Tax Map 2
(1) Parcel 16 (Sheet 2)-
the Planning Ca~mi~±en and staff recommends approval an~
with ~taff relative to reviewing th= Comprehensive Blah to
that a full =omprchensive review of the Plan would take
approximately one year to complete due to other scheduled
Mr. Jaoobson stated the review time would depend upon the scope
of the assignment end he could propose various alternatives for
ammndment.
property and the residents of Old Sun Road and the possibility
requested staff to address this issue, a~ well as the property
on the ether side of the schuul, and bring back reco~endations
to the Board on Plan ~endments in those two areas.
Discussion, comments, and que~tion~ ~nn~ed relative =s the
widening Of Rebio~ Road; when the County would be addressing
the Robiou~ Road widening issue; how this issue can be brought
back in order to implement a design for Rnbious Road and have
it incorporated in the Six Year Plan; the dounty amending the
Plan in October to eliminate the eight lanes on Robionn Road
from the Six Year Plan and the Plan being brought to the Board
later this year; the ~anner in which different areas are
r~zoned a~ it relates to ~he proposed R-i~ rezoning for th~s
request; the request to increase the number of lots on the
property; density up to 1.2 dwelling unica per acre being
consistent with the Comprehensive Plan; t~e location of Old Gun
Read in relation to salisbury subdivision; and ~he distance
from the shaded area to the first street to the east.
William Shew~ake, Esquire, representing the applicant, stated
the recommendation is acceptable. He further stated the
~ajority of the civic a~ociatlon leaders hav~ reached an
agreement; that the property originally consisted Of
approximately 300 acre~ until the County purchased
apprc×imately 150 acres; that the property is being r~oned
into smaller lot= due to the location ef the school sites in
the area; that numerous meetings have been held with the
homeowners in the area to address their concerns; that the
applicant reached an agreement with all civic associations
except Old Cun; that the applicant would bo developing a
subdivision comparable tO Rcxshire Subdivision; that Roxshire
Subdivision i~ zoned R-l~ with 20,000 square foot lo~ minimums
and requires 2,000 square feet of closed ~eated finished
that the applicant has addressed the concerns a~ressed in
reaching the agreement wirer ha Saliubury, Rox~hire, Briarwood,
Rosemont, ~owderham, River oaks, Cross Crook, and James River
West Civic Associations; that the request was apprOVed by
~lanning commission and scarf; and he Seels if the request is
denied~ it will have a negative impact on the manner in which
business is conducted in t~e community aa it relates to
rezoning requests.
Craig Ho~son, Esquire, representing Old Gun Road/Rob~ou~ Road
Civic Association and Huguenot Hundred Civic Association end
approxi~tely six or seven smaller civic associations within
those two c~vie assooiations~ stated he is a ~e~ber of the
Battle Weaver ~l~J~entary School Boundary Study Committee and
resident of salisbury Subdivision; that thc following co.meats
incorporate his personal view toward the request tn down zone;
that he feels the down zoning is a request to assist a
dsv~leper in marketing his p=operty in an easier ~ashion; that
the landowners who have endorsed the request do not strongly
support it; that the zsnlng should rem=in R-40 as the
surrounding property was zoned R-40 approximately 35 year~ ago;
that the proposed down zoning is incompatible with w~at
currently exists; and referenced thc Rumsgatc down zoning
request heard in 1977 stating the Ramsga~e down ~oning
denied even though the Plannin~ Commission had recom~ended
reques= would have On the existln~ schools in the area; the
proposed down zoning bringing less ex~enEivm ho~en and more
children into the ares; that the developer will make
reasonable profit even if the R-40 zoning remains as is;
that approval of the request would sat a precedent. Ke
they want to preserve a corridor of well-built, well-maintained
homes und requested th~ Board to deny the request.
Mr. Ted Ada~, ~r~id~nt of Huguenot Hundred civic Association
and pest President of the Old Gun civic Association, stated he
concurs with the comments expressed by Mr. Hopson and he feels
the property owners' input should be taken into consideration.
l~r. Sam Epps seated he is a resident of Cherokee Road; that he
also concurs with the comments expressed hy~r, Mopson; that he
is opposed to the down zoning of this area as the owners bought
the property in goad faith; and referenced an occasion in 1977
when zoning was imposed for Ramsgate. He further stated he
feels there would be a degradation of the property in the area
if the request is approved; that the request will generate an
increase in traffic; and that smaller lots will attract more
school-aged children.
MS. Virginia Hickey, Presides= of 01d CUB Rcad/Robioue Road
Civic As~ociation~ stated she attended all of the ~eetings
regarding %his request and she feels the agreement was reached
reluctantly; that the Old Gun Road/Rohious Road civic
Association has been opposed tu the down zoning since the first
meeting; that the request will ~t a precedent and generate
more requests for do~n zanlnq; that although Old Gun
Road/Rebious ~oad Civic A~cciation is two ~iles away, there is
p~oDerty between the Riverton site and Old Gun Road; and that
they feel the Master Plan should be amended, She noted the Old
GUn Road/Robious Read civiu Association consists of ten
subdivisions who are opposed to the request and indicated the
American Legion is also opposed.
Mr. David DeBarger, pa~t President of =he old G~ Road/Roblous
Road C~v~o As~oclation, ~tated the applicant has indicated
housing count redustion was 60 p~ree~t, however, he oaluulates
it at a 20 percent reduction; that although the Association is
two milan away, they are net too far away to have an interest
in the requests that he feels the Comprehensive Plan ~ not
logical and agreed with Mr. Barber t~at the Plan should be
reviewed; that the property was zoned R-40 before purchased and
i~ consistent with the ~oning in the area; and re,es=ed the
Board ~o deny the request.
There was brief discussion role=lye to reviewing the
Comprehensive Plan.
Ms. Carols ~tated ~he represents approximately 70 homes in
area and she ie opposed to the request, she expressed
relative to traffic in the area; the impact on the school
system; and requested the Board to deny the request.
Mr. Tom Hickey stated he is a resident in =he Old Gun Road area
and is opposed =o the request. ~e expressed ~oncerns relative
tn the ~squest generatin~ an increase in tra£flo; the impact o~
the school system; ~nd the request setting a
Ms. Kerry Easterly stated she is e resident of Old Gun Road and
r~que~=o~ t~e Board to ta~e =~e oonoern~ of the citizens into
conslder~tlon when deciding the
M~. DoriE ~ancock ~tated she owns property across the river
from the request and ~he also f~ele ~he ¢osoern~ Of
oitizen~ ~hould b~ taken into consideration when d~ciding the
request.
¢on¢~r~ with the comments expressed and noted the Planning
Comm~sslon'~ support of this rec~/est was not unanimous, a~ Mr.
Miller abstained.
Ms. Fays Palmer, President of Salisbury Eomeowners A~sociatisn,
stated salisbury is a combination of R-15, R-25, and R-40
zonimq; that all lots are approximately one acre; that the
perimeter o~ the request is R-40; and requested that Salisbury
be included in the review of the Comprehensiv~ Plan. She
Surther stated that schools should not be permitted by
and the location of uchools influence development; that the
issue of schools being permitted should be reviewed; and that
Roxshire Subdivimicn im a conbination of R-15, R-~S, and R-40.
she r=ud into the record a letter from Ms. Claudla Swanson,
representing Cross Creek Subdivision, indicating they are in
support of the request. She then reviewed the traffic impact
in the area if the request is approved and stated they feel a
mice home cam be built on a half acre lot.
Ms. Marry Fra~ stated she is a resident cf Briarwood
Subdivision; that she i8 the i~me~iate past President of the
BrierWood Subdivision and currently set'yes on the Board; and
that they support the request.
~r. Joe Lange stated he is a resident of Old Gun Road and a
Board member of tho Old Gun Road Civic Association; that in the
past, he has resided in Salisbury; that he is in real estate
and personally knows the applicant; that hie firm will be
involved in marketing one cf the applicant's new subdivisions~
that due to his possible conflict of interest, he has not
attended recent civic association ~o~rd meetings; that he does
mot feel the proposal will adversely ~mp~¢t the area, but
rather increase meny of the property values around Old
Road; and that he support~ the request.
Mr. Ken Magic stated he is an adjacent property owner; that he
previously semta letter to the Beard 0~tlining his concerns
regarding the request; that he is a professional plamner; that
he only ~upport~ the r~quest 50.1 percent; that he feels
adjacent property ownars deserve comparable value of R-~0; and
requested the Board ts make their decision in th~ best interest
o£ all involved.
Mr. Mopsnn read into the record a copy of the ~oard of
Supervisors minutes referencing ¢o~ments r~g~rdlng Mrs. Joan
Girone*s state~ent relating tc the denial of the Ramsgate down
zoning.
Nr. Shewmake clarified that much of Rcxshlre Subdivision
cunsists of R-15 zoning with 20,000 square foot minimum lots
and that Roxehire Subdivision is the model which was used to
develop this request. He expressed cenoern~ relative to the
personal interest e×pre~ed by ~r~ ~op$on and stated the
request is oo~parable to the subdivisions in the area; that
Ram~gate ~ubd~vi~ion is ~ot located wi%his the i~mediate area;
that the appllcamt aqreed to pay the cash proffers; that the
n~e~ that the proposed home~ will have a ~,000 square foot
m~n~mu~ and are not starter homes; that this project hs~ hssn
in existence for several years; that the request is only for
thirty lots; that tho applicant ~eels the concerns of the
American Legion have been addressed and noted they are not
present tu oppose the re~uest; that the use of the property is
appropriate and the e~rrounding subdivisions support the
request as does the Planning Commissiom and mtaff; and
requested the Board to giv~ favorable ¢o~si~eratlen to the
request.
Mr. McKale mtated the Beard is dealing wi~h a decision which
was made prior to the new Board taking office and althouqh he
is concerned about the opposition expressed f~om the Old Gun
1S, R-~S, and R-~0 in subdivislena within the Coanty and,
therefore, he feels he can support the request. He then stated
obtaining community eonsensu~ on the use of the land and
establiching clear guidelines for the future. He indicated he
understands the cencern~ e×pre~sed by the citizens in the 01d
Gun Road area~ however, he ~ also slightly more in Savor cf
the request than opposed.
Mr. colbert stated he feel~ Sal~bury Subdivision is a special
place in which homeowners have invested i~ t~sir fntura amd
expressed co,earns relative to the developer selling the
property for the school end now reguesting less.
Mr. Barber stated Salisbury Subdivision supports the reguest;
that ~he appraisal referenced i~ a school document and was
performed prior to the new Board taking cff~os; that he did not
feel this particular location for the ~ehoel is conducive a~ a
school site, however, it wa~ s~lected a~ an appropriate site
for a school; the= the applicant has a=tempted to address the
ccncern~ e~pres~ed and ha~ held numerou~ meeting~; that he
feels t~e Comprehensive Plan should be addressed prior to any
other applications for rezoning b~i~q considered in thi~ area;
that he supports the agreement reached by the applicant and the
citizens in the area; that he doe~ not feel the request i~
~tt~ng a precedent; and that he feels there will ~e minimal
increase in traffic ~ue to the additional thirty homes. He
e~prees~ appreciation tc all tho=e who have been involved in
the ~rocess and stated %he ~lanning Ce~l~i~ion recommended
approval and since~he area neighborhoods support the request,
he $~pparts th~ request.
Mr. ~arber then made a motion, seconded by Mr. MeMale, for the
Board to approve Case 93SN0214 and to accept the following
1] Prior to the time of building permit application for each
lo% in e~c~s of 161 Lots, the Applicant, subdivider, or
assignee{s) shall Ray tko following to the County of
Chesterfield for infrastructure imp~0ve~ant~ w~th~n the
service dletrlc~ £er the property:
a. $4,000 per lot, ~f paid on or prior to June 30,
199~; or
b. The amount approved by the Board of Supervisors net
to exceed $4,000.00 p~r lot adjusted upward by any
increas~ in the Marshall and Swift Building Ccs~
Index between July 1~ 1992 a~d $~ly 1 of the fiscal
year i~ which the payment is ~ade, if pai~ a£~e=
June 30, I993.
bevelopment shall be limitud to a dunsity not to exceed
1.2 dwelling unit~ per gross acre (inclusive of public
dedications, if applicable).
The average lot size shall be a minimum of 2~,000 square
fe~t.
4) Public water and sewer shall be utilized.
Any lot touching the moutherm or eastern property line
shall be 40,000 square feet minimum.
6) All other lots shall be a minimum of 20,~00 square feet.
7) Minimum house size shall be ~,000 square feet of heated
finished area e~clusivs of carports, garages, end perches.
8) Direct access to Robieus Road shall be limited to one (1)
public road. The exact location cf this access shall be
approved by the Transportation Department.
complete development, the developer shall be responsible
for the fol]ow~ng:
a. Cenetruc~ion of additional pavement along Rohiou~
Road at the approved access to provide le£~- and
right-turn lanes.
b. Dedication to the County of Chesterfield, free and
unrestricted, any additional right of way (or
easement) required fs~ the i~rove~e~ts identified
above.
10) Nc timbering or clearing in conjunction with development
of the subdivision will occur until appropriate erosion
control ~evioss are in place as per the latest edition of
the Virginia ~rosion and Sediment Control Handbook.
11) Prior to er in conjunction with the filing e£ each
subdlvisien plat of the property, the developer ~hall
record restrictive covenants which at a mi~i~ shall
include the following covenants:
DE~LAP~TION:
NOW~ THEREFORE~ t~e Declarant does hereby declare and make
known that thc per=ions of ~e P~oper~y o~d by Declarant on
t~e date ~e~eof are held by and subject to the covenant~,
salients, rights-of-way, re~rlc~ion~ conditiens and
limitutions set forth below which shall ~n w~th th~ la~ ~4
which shall be bin~in~ on th~ Da~larant and all per~cn~ fi~m~
and cor~o~atio~ claiming under %hem until they shall expire:
~uil~in~ shall be ~reo~ed, altered; placed or pe~itted to
remain on any Lot except for use as a private single-
family resi0~n=e; provided, however, t~at private garage~
and other accesso~ buil4ings incidental to r~sldenti=l
u$~ shall be permltte~.
No improvements~ including residences and garage~, or
a:cor~snce with plane and specification~ for th~
writing by the Declarant, its suooassor~ o~ assigns~ and
filed in it~ offio~. ~o additions, such as carports,
perches, rsdio tower~, or ahtunnas, clothem lines, or any
substantial architectural changes ~o any dwelling or
the Declarunt, it succeaaors or assigns.
front, rear or side lot line than ~e building set-back
for that Lot, as depicted on the r~corded subdivision
Pl~t. Except as indicated in thi~ ~ection, the yard
accessory buildings.
a. one story de%a~ed accessory buildings shall observe
a ~ide yard set-back not less than one-half (1/2)
th~ front yard ~t-baok of the lesser oS one-half
(1/2) of th~ depth of ~e lot or S0', and a r~ar
yard ~et-back of not le~s than 10'~ except than an
accessory building Iocat~d on a corner lot ~hall
observe a corner side yar~ ~e~-ba~ no less ~an ~e
r=quired front yard est-back for a pe~itted u~.
93-643 9/22/93
............ ~J. l .................. L ........ i, ..
b. If a detached accessory buildihg has mor~ than one
story, it shall observe an interior side yard not
loss than the side yard required of the permitted
use, a rear yard set-hack of nat less than cna-half
{1/1) t-he required rear yard ~ur ~ ~ermitted USe, a
corner side yard s=t-back of nO le~s than the front
yard required for a permitted use, and fron~ yard
set-back the lesser of half (112) of an average
d~pth of the lot or
c. In no sase, shall a detached accessory building
cover more than 90% of the required rear yard.
d. Carports attached to $ingl~ £a~ily dwellings shall
observe interior side yard set-back not less than
one-half (1/2) the required yard (total 10') in that
district.
e. I~ no ea~ can the total area of a house plus
accessory buildings be greater than 20% of the area
of th~ Lot.
4. No dwelling shall be erected or placed on any Lot having
a width of less than lO0 ~eet at the minimum building set-
back line~ nor mhall any dwelling be erected or placed an
any Lot containing fewer than 20,000 square ~eet in
ncr ~hall any s~¢h ~welling contain fewer than ~,000
square feet of heatsd flni~had area exclusive eS ear,arts,
garage~ and porche~.
~o dwelling may have above grade ex~osed cinder block as
part of the foundation. Similarly, no chimney of a
dwolliBg ~ay have ~xpo~ed cinder block.
Any impro¥~mont Con,trusted on any Lot ~hall conform with
all requirememt~ of la~ and applicable County and other
governmental ordinances and regulations a~ than in effect.
Any improvement located in conformity with a variance from
ar mod~flcation tc auch County erdinaneos and regulations
specifically granted by authorized county officials shall
~ot be a violation o~ =he terms cf this paragraph.
7. ~o fence shall be erected on any Dot,ion cf any Lot except
in accordance with plans and specifieatian~ for
construction thereof approved in writing by the Declarant,
its ~ucce~or~ or assigns; provided, however, that the
Declarant agrees to be reasonable in considering request~
for construction of fences and hereby sets fo~th the
general standards to ~e used in considering requests
therefore:
a. No fence =hall be permitted between the building
b. NO fence or hedge that is higher than 42 inchs~
~ranted by the Declarant, ~t successors or assigns,
for a higher fence or hedge i~ mp~eial
8, No siqn of any kind shall be displayed to the public view
on any Lot except on~ sig~ Of not mor~ than si~ squar~
feet advertising the property for sale or rent, or signs
u~ed by a b~ild~r ~o ~dv~rti~e the Lo= during the
construction and sale~ periods.
NO noxious Or offensive trade shall be carried on upon any
Lot, nor ~h&ll anythlnq b~ don~ thereon which may be or
10. NO animals, livestock or poultry of any kind shall be
and other household pete may be kept,, bred or m~intained
for any ~omnerclal purpose.
11. No driveway or entrance way shall be constructed on any
Lot except in accordance with plan~ and spe~ifications for
location thereof approved in w~iting by the Declarant, its
successors or assigns.
12. NO swimming pool shall be located eloper to any street
line than the applicable building eat-back line.
13. No structure of a temporary character, trailer, basement,
tent, shmck, garage, barn or other outbuilding shall be
used on any Lot at any time ss a residence, either
temporarily or permanently.
14. No Lot shall be used or maintained as a dumping ground for
rubbish, trash, garbage~ er other ~a~te. No rubbish,
trash, garbage~ discarded christmas trees or o~her waste
shall b~ kept on any Lot except in ~a~itary containers;
nor shall any ourrPnt unllcensed motor vehicle or junk
motor vehicle he ~te~ed on any Lot.
15. T~e Declarant rcserves unto itself, its successor~ or
a~sign~, in fee Simple, all streets~ easements and right-
of-way of said property and the exclu~iv~ right and
privilege to use such streets, easements and rlght~-of-way
for gas, water sewer pipes, electri~ light~, t~lephcne and
telegraph lines, and such other reasonable ~e~ as the
Declarant may see fit, without compensation to any
eubseqxxent owner of such property or any portion thereof.
The placing of tol~¥i~ien ~atellite dishes is prohibited.
16. Any grantee or grantees of title to the P~operty, or any
portion thereof, by accepting a deed thereto, ~hall
thereby ~pprove the covenants, r~strictions and
limitations herein contained and agree and bind
themselves, their heirs, personal representatives,
devisees, s~coessors er assigns, to keep and observe all
~uch ~ovena~t~, rgstrioticns, conditions and limitations
for se long a~ thi~ Declaration shall remain in eSSect.
17. These covenants are to run with the land and shall be
binding en all ~artlus and all persons claiming under them
for a p~riod of ~ years from the date these ~ov~nants arc
automatically extended for s~coes~ive perlod~ of t~n years
unta~s an instrument signed by persons collectively owning
more than SO% of the Lots has been recorded, agreeing to
modify bhis Declaration.
1~. En~oreemen~ of the provisions of thle Declaration against
any person or person violating or attempting to violate
such provislon of thls Declaration ~hall be by prcceeding~
at law or in equity, either to restrain such violatlen or
fees.
Invalidation 0£ any of these covenants by a judgment ar
court order ~hall in no way affect any o£ the other
provisions, which shall remain in full force and effect.
(a) be in writing and binding upon th~ owners of ~ll of
the Lot~ and (h) not nave any precedential effect with
respect to the Lots that are no~ subject to su~h waiver.
93-645 9/22/93
assigns cannot waive paragraph 5 which relates to t-he
prohibition against externally exposed cinder block in
chimneys or as pe~t of the above grade foundation of a
dwelling.
21. The purchaser of each Lot and the person or entity
=onstructlngt~e improvements thereon shall be responsible
for providing proper surface drainage on ~he Lot, and in
~o doing, shall not impair drainage capabilities of
adjacent sites or damage the sane.
IN WITNESS WHEREOF, the Declarant has caused this Deolaratio~
tO be executed in i~ name and on it~ behalf by its duly
Mr. Warren stated this ix a difficult request; however, =he
majority of the property owners suppert the request, the
Planning Conm±esion and staff recc~mend~ approval and,
therefore, he supports the request.
Mr. Warren then called for the vote on the motion made by Mr.
Barber, seconded by Mr. MoHalk, for the Board to approve Case
93SN0214 and to accept the followinq proffered conditions;
1} Prior to the time of building permit application ~er each
let in excess of 161 5ot~, the Applicant, sutx~ivider, or
assign~e(~) ~hall pay the ~elluwing to the County c~
Chesterfield for infrastructure improvements within the
servic~ district for the property:
a. $4,000 per lo=, if paid on or prio~ to June 30,
1993; or
The a~ount approved by the Board of Supervisor~ not
to exceed $~,000.00 per let adjusted upward by any
increase in the Marshall and Swift Building Co~t
~ndex betwee~ J~ly ~, 199~ and July 1 of the f~scal
year in which the payment is mad~ if paid after
2) Development shall be limited to a denzity not to exceed
1.2 dwelling units per grote acre (inclusive of public
dedications, if applicable).
3) The averag~ lot ~iz~ shall be a minimum of 25,000 sqnare
4) Public wa~er and sewer shall be utilized.
Any lot toach~ng the southern er eastern prcper~y line
shall be 40,000 square feet minimum.
6) All other lots shall be a minimum of 20,000 ~quar~ f,st.
?) ~dnlmum hou~ size shall ~e ~,00C square feet of heated
finished area exclusive of carports, garages, and porches.
8) Direct access to Robicus Road shall be limited to one (1}
approved by the Transportation Department.
9] To provide for an adequate roadway ~y~tem at the time of
for the following:
a. construction of additional pavement alon~ Robious
Road at th~ approved a~ to provld~ l~ft- and
right-=urn lanes.
b. Dedication to the County of chesterfield, free and
unrestricted, any additional right of way (or
above.
10) No timbering or clearing in conjunction with development
of the suk~ivizien will eceur until appropriate erosion
Control devices are in place a~ per th~ latest edition of
the Virginia Erosion and sediment Control Handbook.
11} Prior to cr in conjunction with the filing of each
suk~ivi$ion plat of the property, the developer shall
record restrictive covenants which at a minimu~ shall
include the following covenants:
DECLARATION:
NOW, T~R~FO~, the Declarant does hereby declare and
known that the portion~ cf the Property ow~ by Declarant on
easements, rights-of-way, restrictions, conditions and
limitations set Sorth b~low which ~hall run with the land and
which ~ha]l be binding on the Declarant and all p~rson~,
and corporations claiming under them until they shall
1. No Lot =hall ~ ~sed e~cept for residential p~pose~, NO
r~main on any Lot except for u~e a~ a p=ivute single-
and ot~e~ accessory buildings incidental to residential
use shall be Debitted.
2. No im~rovemen%~, includin~ residences and garag~
accessory buildings, shall be erected on any Lo~ ~o~p%
accor4ance with plan~ and specifications for ~e
Construction tha~of, including location ~ite, approved
~iting by the D~ularant, its successors or assign~ and
filed in it~ office. ~u additions, ~uch as
perches, ra~io towers, or amoebas, ol0~e~ lin=s~ or any
s~tantial a~c~itectural changes to any dwelling
accessory buildings, s~all b= ~r~ote~ on any Lot ~less
SRC~ additional chumge~ have b~en approved in writing by
3. NO i~prove~n~ ~kall ~e located on any Lot closer ~o
front, rear or side lot line than the building
for =ha= Lot, a~ depic~e~ On ~he recorded ~u~ivi~io~
Plat. Except as indicated in this s~otion, the yard
re~u~rement~ for pe~itt~d use ~hall apply to
accessory Duilding~.
a. One ~tory detached ~cc~ssory buildings shall observ~
a $i~ yard set-ba~ not less ~an on~-hul~ (1/2)
the re~ired side yard for a Debitted use, (10');
the front yard set-back of ~a le~r 0f one-half
(1/2) of the de~th of the lot or S0', and a rear
yard ~et-back of not less than i0', except ~an an
aou~ssory building located 0n a co~ner lot shall
obuu~= u corner side yard s~t-back ~o le~s than the
required fron~ yard set-~ack for a pe~itted use.
I~ a d~tach~d ~ccessory ~uildinq has more than one
story, it shall observe an interior ~id~ y~r~ not
use, a rear yard set-back of not 1~ than eno-half
corner side yard set-back oS no less ~an the
yard required for a permitted use, and front yard
set-back the le~$~r of half (1/2) of an average
depth of the lot or 80'.
93-647 9/22/~3
¢, In nc case, shall a de=ache~ accessory building
cove~ mere than 20% of the required rear yard.
d. Carports attached to single family dwellings shall
observe i~te~ior side yard set-back not le~m than
one-half (1/2) the re~uired yard (total 10') in that
district.
accessory buildings be greater ttan 20% of ~he area
a width of les~ than 100 feet at the minimum building set-
any Lot containing fewer than ~0,000 ~uara feet in area
nor shall any such dwelling contain fewer than 2,000
square feet cf heated flnlsh~d area exclusive Of carports,
garages and porches.
~. ~e ~wellin~ may have above grade ex~osed cinder block am
part of the foundation, similarly, no chimney of a
dwelling may have exposed cinder block.
6. Any improvement eons~ructe~ on any Lot shall confcrm wi~
all rxquircmcntu of law and applioable County and other
gover~sntal ordinancas and regulations as then in effect.
or modification bo such County o~dinanoes and regulations
specifically granted by authorized County officials shall
not he a violation of ~he terms of this paragraph.
in accordance, with plans and specifications for
it~ =ucce~=or~ or a=slgns; provided, however, that the
Declarant agrees to b~ rea~enabl~ in ~on~iderln~ requests
general standards to bc used in considering requests
therefore=
a. No fence shall be permitted betwean tho building
b. Ne f~n~e er hedge that i~ higher than 42 inches
shall he permitted, except that approval may be
~or a higher fence or hedge in mpaoial
circumstances.
used by a builder to advertise the Lot during the
Lot, nor =hall anything be done thereon which may he er
become an annoyance or nuisance to the meighborhood.
and other household pet~ may be kept, bred or maintained
Lot except in accordance with plan~ and specifisation~ for
location thereof a~roved in writingbythe Declarant, its
12. Nc swimming pool shall be located clo~ to shy street
llne than the applicable building set-Back llne.
No structure of a temporary character, trailer, basement,
ten~, shack, garage, barn or other outbuilding shall be
used on any Lot at any time as s residence, either
temporarily or permanently.
14. Ne Let ~hallbeused or maintained as a dnmping ground for
rubbish, trash, garbage, or other waste. No rubbish,
trash, garbage, discarded Christmas trees or ether waste
shall be kept on any Lot except in sanitary containers;
motor vehicle be stored on any Lot.
assigns, in fee simple, all streets, ease~e~t~ and right-
of-way of said p~eperty and the e~elusive right and
9rivileg~ to use such streets, easements and rights-of-way
for gas, water sewer pipes, electric liqht~, t~lephone and
telegraph lines, and such oth~r r~asenable uses as the
Declarant ~y see fit, without co~pen~ation to any
The placing of television satellite diohe~ is prohibited.
16. Any grantee or 9-rantees of title to the Property, or any
portion thereof, by acc~p%in~ a ~eed thereto, shall
thereby approve the covenants, restrictlon~ a~d
limitations herein contained and agree and bind
themselves, their heirs, per~onal representatives,
~or so long a~ this Declaration shall ~emain in effect.
17. These covenants are to run with the land and shall be
binding on all parties an~ all persons olaimihg under them
automatically extended for successive periods of ten year~
unless an instrument signed by persons collectively ownin~
more than 59% of the Lots has been recorded, agreeing to
~odify this ~eclara%ion.
any person or person violating or attempting to violate
~u~h provision Of this Declaration shall he by proceedings
at law or in equity, either to restrain much violation or
19. InYulidation of any of these covenants by a j~dg~ent or
court order shall in nc way affect any of the 0the~
provisions, which shall remain in f~ll force and effect.
to any one or mo~e of the Lots. ~ach such wav~er shall
(a) be in writing and binding upon the owners of all of
the Lots and (b) not hays any precedentlal effect with
Pro¥ided, however, the Declarant er its su~oesa~rs and
assigns cannot waive paragraph 5 which relates bo ~he
prohibition against externally exposed cinder block in
ohi~h~ey$ or a~ part of the above grade foundation of a
dwelling.
93-649 9/22/93
~enstructingthe improvements thereon ~hell
for providing Droper surface drainage on tho Lot, and in
so doing, shall not impair drainage capabilities of
adjacent sites or damage the
IN WITKES$ WHEREOF, the Declarant ha~ caused this Declaration
to be executed in its name and on its behalS by i=s duly
authorized representative.
Ayes: Mr. Warren, Mr. Barber, and Mr.
Nays: M~. Colbert.
Absen=: Mr. Daniel.
adjourned at ~:45 p.m. until September ~0, 1993 at 7:00 a.m. at
the County Airport for a breakfast meeting with citizens For
RcsDonsible Government.
county Administrator
Arthur $. W~r~en
Chai~am
93-~$0 9/22/93