05-25-94 MinutesBOARD OF SUPBRVI~OR~
MINUTBS
M~, Whaley ~. Colbert, chairman
Mr- $- L- ~c~al~, III, Vice Chrm.
Mr. Edward B. Barber
F~r. Harry G. Daniel
Mr. Arthur $. Warren
Mr. Lane B. Ramsey
County Administrator
Staff i~ Attendance:
M~. Barbara Bennett, Dir.,
O~iQe on Youth
Mr. Crai~ Bryant, Dir.,
Utilities
Dir., New~ & Public
Fire Department
Mr. Hichael ~olden~ Dir.~
D~pu~y Co. Ad_min.,
Mr. Ru~ell ~a~is,
Mr. William ~. Howell,
Dir., Planning
Airport
Dir., Accounting
H~mmn Services
Mr. Richard M. McElfish,
Dir., Env. Engineering
Economic Development
Mr, $%even L. ~icas,
County Attorney
Col. J. E. Pittman, Jr.,
Police Department
Ms. Theresa M. Pi~tu,
Dir., Budget & ~anagamunt
Deputy Co. Admin.,
Di~., Libraries
~r. M=~ale called the regularly scheduled meeting to order at
3:~5
94-401
1.A, F~AY 11. 1994
On motion of Nr. Warren, seconded by ~x. ~arber, the board
approved the minutes 0£ May 11, 1994, am ~ubmitted.
vot~: Unanimous
~.~. I~L~¥ l~r 1994
It is noted information for the May 13, 1993 Regional Su~mit
minutes will he forwarded to the Chesterfield County Clerk's
O£~ics from Hanover County and minute5 will be prepared and
~ubmitted for approval at that time, therefore, no action Was
required at this time.
2. COUNTY ADNINI5TP~TOR'S COMMENTS
~4r. Ram~ey stated ~e would defer C0un~y
Comments until later in the meeting.
Administrator's
~. BO~RD dOMMITTES R~PORT~
There w~re ~o Board Committee Reports at this time.
On motion of ~r~ Warren, ~conded by Mr. Daniel, th~ Boa=d
a Status Report on the Ciov~r ~ill Sports Complex Acquisition;
added Item 8_D.3~, Con~ideratlon of Nomination/ADDslntmant Of
a Kember ts Serve on th= virginia Uniform Statewide B~ilding
Code Appeals Board tO follow Item 8.D.2., Consideration o~
Nomination/Appointment of a Ch~ter Civitan Club Representative
C0n~ideration of Nomination/Appointment of a Member to Serve on
th~ R~gional James River Ta~k Force Co~/~issiou St~er½n~
Appointment o£ Candidat~ to School Board fro~ ~dlothian
Magisterial District to immediately follow this Item and,
a~cptsd th~ agen~, a~ aDended.
8.A. ~PPOINTM~NT O~ CkNDIDATE TO SCHOOL BOARD FROM ~DLOTHI~N
Mr. Colbert arrived at the m~et~ng.
M~. N{ca5 stated at the May 11, 1994 meeting, the ~oard
years beginning July 1~ 1994 and expiring Jun~ 30, 199S. ~e
affirmative vote~ will be the Kidlothi~n District
94-402
The Board being polled the vote was ss follows to appoint Mr.
Danny Wilson as the ~idlothian District representative to the
School Board:
Mr. Warren: Nay.
Mr. Daniel: Nay.
Mr. Barber: Aye.
Mr. McHale: Aye.
Mr. Colbert: ~ay.
The Bnard beinq polled the vote was as follows to appoint Dr.
James R. Schroeder as the Kidlothian District r~preaentatlva to
the School Board, whose term will be effective July 1, 1994 and
Mr. Warren: Aye.
MS. Danielt Aye.
Mr. Barber: Nay.
(It is no,ed copies cf statements submitted by Mr. Mo~sle, Mr.
Barber, Mr. Daniel, and Mr. ~arren are filed with ~he papers of
%his Board,)
Mr. McHale congratulated Dr. Sehroeder en his appointment to
the School Board, repregenting ~idlethian District, and
indicated his support of the Board of Dr. SChrOeder during his
term.
l~r, Co,bert ex,used himself from the remainder c£ the mae%lng.
It was generally agreed to recess for ten minu~es.
Reoenvening:
~r. Ramsay eta=ed ~rs. Terrl ~. ~urge~s~ Interim Dire=tot for
the News and Information Department, will be leaving the dounty
miss her dedicated service. ~a further stated Mrs. Burg~ ha~
served ~hs County for eight years, primarily in the Utilities
Department, and that approxlmately nine month~ ago, he
Xnformation Department in which she served very diligently and
Drofsss~onally. Bs the~ i~%roduoed ~rs. Burgess.
On ~etio~ of %he Board~ the following ~esol~tisn was adopted:
Ceunty Gevernment on May 25, 1994~ and
Chesterfield County es a Public Information Coordinator for the
Department of utilities in 1986 and, by virtue of her
experience and performance, was promoted to Informatio~
Specialist in 19S9 and then to seater Information Specialist in
1990 and in August of 1993, her talents were needed in the New~
until present; and
W~R~A~, Mrs. Burgess enhanced the public image Of
Utilitie~ Department through various events and public
education programs including the poster contest with
Chesterfield county Middle schools and the Swift Creek Open
W~EREAS, Mrs. Burgess developed the first Five-Year Public
Relations Plan for the Department of Utilities; in~tlated and
p~oduced the Department newsletter; and coordinated and
published four annual and biennial reports for the Department
of Utilities; and
WHEREAS, Mrs. Bu~ss was awarded three different
publication awards for her 1991 and 1992 Biennial Report:
Planning Ahead For The Future Of Our Children, including the
1993 Apex Grand Award for Publicatiun~ =xoellenoe; th~ 1995
International Association of Bu~ine~o Co~u~unicators (IABC) Best
in Virginia Award~ and the 1994 Gold Quill Award for
Photography, bringing Dational attention to C~e~te~field county
and the Department of Utilities; and
WHEREAS, Mrs. Burgess proved her dedication to the Co%h~ty
and demonstrated h~r talents while marring as Interim Direotor
for the New~ and Information Department where e~e produced
County Comments, County Call-In, Chesterfield Matters~ CNN
Spotlight News, and various public service arh~euncements; and
WHEREAS, Mr~ Burgess participated in a Yarie%y of
co~tmittees for special events and served as committee
chairperson for the Black History Month Busindss Breakfast
Celebration ~or tho ~ast two years es well as promoting Total
Quality Improvement within the County and issuing news release~
about those and o~hor county events to attract media attention;
and
W~MR~AS, throughout he~ career in Chesterfield Ccumty,
Mrs. Burpess lent her talents to co=side organizations such as
the Richmcn~ Public Relations Association and the Internatioeal
Association of Business Communicators/Richmond chapter where
she served as editor of the Communicator, t~e monthly
newsletter for IABC/Riohmond Chapter~ and currently serves as
Arrangement~Recording Z~cretary and served on the Editorial
Boa~d from ~99~-94 for Viroinia Town and citv, the ~aga~ine of
the Virginia Sunicipal L~agu~.
~OW, THE~%EFORB S~ IT ~OLV~D~ that the Chesterfield
County Board of Supervisors pt~bl~cly recognizes ~4~s. Terri B.
~urgeos and extends their oppreciation for her dedlcatioa and
eight years of exceptional service to the County.
AN~, BE IT FURTHER RESOLVED, that a copy of th~s
resole%ion be presented to ~rs. Burgoso and that this
resolution be permanently r~corded among the papers of this
Board of Supervisors of chesterfield County, ~irginia.
Ayes: Mr. MeHale, Mr. Daniel, and Mr. Warren.
Absent: ~r. Colbert and Mr. Barber.
~r. McKale presented the executed ~esolution to PLvs. Burge~s,
expreose~ appreciation on ~ehalf o~ thc Boaud, for her
exceptional service to the County, and wished her well in her
Firs. ~urgcos expressed appreciation ~or the recognition and
stated she has been impressed with the quality Of employees at
'the County, has gained valuable experience while employed wi~h
the County, and has enjoyed working for the County.
Mr. Barber returned to the meeting.
~hsre were no Work Sessions ssheduled a~ this
7. DE~ERRED
?.A. CONSIDERATION OF ~RELIMINAI%Y RESOLB~ION FOR
RE~CEMENT NmRSING KeM~ .~OR CHESTERFIELD KnLTH
Mr, Hammer stated the Budget and Audit committee ~eeeived
presentation th~ afternoon on this issue and ~en presented a
brief overview of options for proceeding ~ith the replasement
nursing home including issuing a Re~e~t fo~ Proposal (R~).
He fu~er stated if the RFP do%~ not prcvid~ ~uffici~t Credit
support, the County agrees tu 9ruvi~ ~ubsi4y ~a~enta for
~arvice ~upport not to ~xc~d $500,000 per annum with such
~a~en~s cumula~ively not ~o ~Kceed $6 million, He
~taff ha~ co,tatted t~ CO~nt~s financial consultant and they
have ~nd~cated the County Administra~or,s reGommendation will
not provide any risk to the County's bond rating. He further
stated the Budget and Audit committee recommends an amendment
thut the County ugre~s to provide ~ $1 ~illion loan from the
G~nural F~n~ Unappropriated Fund Balanc~ to be repaid when
pe~anent financing i~ ~ecured for th~ nursing home for
replacement nursing home.
and he feels the Board needs to make the commitment for the
million at this time to allo~ =he Nursing Home and t~e
cen~er co~issio~ ~o move fo~urd on submitting their
~. Daniel the~ ~ade a motion for the Bourd to accept the
reco~endation from the Budget and Audit Commit%ce and
the amended resolution. Hr. McHale ~cond~d the motion.
~. Ha~er clarified that th% motion includes replacing the
last sentence of the resolution s=a~ing "~e Boa~d agrees
if County ~o~t i~ necessary, that the County will make it~
best effort to hel~ the ~salth Center Commission (HCC) secure
bond anticipation note financing to undertake desig~
~ring Calendar y~ar 1994~' and substi~utlng the new language
recommended by the Budget ~d AUdit
Mr. Daniel stated he feels thi~ i~ a vlable m~thod ~n
th8 $1 ~illion nnd do~s not expose the County financially.
Mr. Ramsey noted the $1 million approgriation will ~equiTe
public hearing and r~qu~ted ~h~ ~oard set the date of June
1994 at 3:0~ p.m. ~o consider t~e appropriation.
Mr. Barber inquired as to w~et~er the ~otion will affect ~x
Cap,tel Improvement Program {CIP), ~pecifically as it relates
appropriation of the $1 million will not affect the
Daniel, ~eeo~ded by him, for the So,rd to set the date of
8, 1994 at 3:00 p.m. for a ~ublic hearing to consider an
amen~ent to the FY93-~ budget to appropriate $1 millioD
Of General Fun~ Balance to loan the Health Center Co~isslon
construction of a n~w nursing home faoili=y and adopted
following resolution:
~EREAS, the Board of guperv/~or~ (the "Board~} ha~ agroed
to provide aubsidy pa~ents, subject to annual
to th~ Cho~terfiold County ~ealth Center Commission (the "~CC")
to cover for Federal Hill-Bu~ton obligations through 199S; and
~esign, bi~, an~ cons~ruc% a reglaoement facility for =he Lucy
Corr Nursing ~ome as ~oon a~ po~ibl~; and
94-405 9/25/~4
WEE/lEASt the HCC will need credit suppoxt to underaake a
revenue Bend financing to undertake this project successfully;
WHF~REAS, the Board and the HCC will jointly issue a
Request for Proposal ("RFP") to solicit prope~al~ to d,vslop an
acute ~are f~oility on ConntyDroperty located adjacsnt to the
WHEREAS, ths successful joint venture of the acute care
facility may provide financing or alternative credit support to
help finance the replacement nursing home; and
WHEREAS~ ~eth the ~eard and ECC agree that construction of
th~ replacement facility should not appreciably impaot t~e
county's credit rating or deb~ capacity7 and
W~EREAS, both th~ Board and ~CC ~e~elve to mutually
coordinate proposals and financing planm to successfully f%n%d
NOW, THEREFORE BE IT RESOLVED, the: ~he B~ar~ Of
supa~isorm, to the ex~ent that thm successful RFP proposal
subsidy pa~ents for debt service guppo~ to not exceed
$500,000 per annum, with sUO~ payments o~ula~ively not to
exceed $6 million, under ~e prevision that the Hoard and HCC
will mutually agree that $~ch payments are necessary to secure
financing during the proof of ~elf-~uffi=iency period. If thu
HCC ~ecure~ proof of self-mufficiency, subsidy ~a~nas will
no~ ~e necessary. Thc County agrees to provide a $1 million
loan from the ~eneral Fund Unappropriated Fund Bala~oe to be
re~id when permanent financing is secured for the ~ur~ing Home
for purposes of completing design and financial proformas for
t~e replacement nursing home.
Ayes: Mr. ~cHale, Mr. Barber, Mr. Daniel, a~d ~. Warren.
Ab$~t: ~. Colbert.
(%% i$ not~ that if th~ County provides moral obligation O~
capacity ~o Jesu= other County debt will be reduced. Thus, if
the propoSe~ joint v~nture does not provide sufficient
financin~ or alternative credit g~pport to pmrmlt const~ction
of a new nursing home, and if the Board provid~m a ~o~R1
Capital I~prova~nt Program (CIP} projects may be delayed. ~e
value of ~hm ~rojec%m delayed would not exceed $6 million ~Dd
COUNTY ADMINISTRATOR'S COMMENTS
FU~. Ramsay stated the County has recently been noti£ied from
the Government Finance Officers As~ooiation of receiving
Certificate of Aohievemen~ for Excellence in Financial
Reporting, which iu the highest form of recognition in
governess=al ae00~ting and financial reporting. He further
stated this i~ the ~3th consecutive y~ar the
Department has brought this recognition to the County and
introduced Mrs. Mary Lou Lyle, Director of Accounting.
stated this Drogra~ recognizes employees who made key
contributions to the quality of this report and introduced Ms.
Carol L. Relley, Ssnicr Accountant; Ms. M~ry E.
Principal Account; and ~s. Nora E. Wooten, Principal
of the Accounting Oepartment.
~[~s. Lyle mtmte~ tRe Accounting Departnant is proud to re~eive
the Award for the lSth consecutive year and the three
indlvi~ualm receiving the Award worked to ~nsuro the report was
completed in a quality and timely fashion. She expressed
appreciation to the Board for recognizing the efforts of staff
in receiving this Award.
Far. MeHale and Mr, Ramsay presented the Certificates to Ms.
~elly, MS. Lochner, and Ms. Wooten.
F~c. Ramsay then introduced Hr. Mike Golden to present a brief
Mr. Golden stated the Clover Mill Sports Complex Project is a
land acquisition for future park development and originated
from the 19SS Parks I~prove~e~ Bond wi~h funds becoming
available in 199~. ~e further stated the County has
investigated and negotia=ed 13 potential sites for this
Project; that the project lone%ion is targeted for an area
within several miles of the e×isting Coalfield Road Soccer
Complex, wi~h the owners being very interested in the idea of
~he property becoming a park; amd that staff feels the road and
transportation issue~ have b~n a~dr~ss~d_ He further stated
the owners cf the site have agreed to meet with staff to
propose an asking pri=~ and other terms for ~onsideration at
that time and staff anticipates b~ingin~ a proposal to the
~oard at its ne~ meeting for eensiderazion.
~r. Warren stated he feels it is imperative that the ~rd act
as ex~sdiously as possible on this issue us the number of sport
teams are growing at a phenomenal rate in the Csun%y. He
requested staff to present a report to the Board at the June
1994 Board meeting r~arding the ~tatus o~ this project.
~r. Kamsey stated he will recognize the Planning Commission and
staff d~ing the eve~ihg session of the meeting for receiving
the 1994 Meritorious Professional Award from the virginia
~ericun Planners Association (VAgA) for the Southern and
Dr. Wagenknecht reviewed plans for providing interim
signs on the doors of both libraries indicating the libraries
are t~mporarily ¢1o$~d; that telephone messages have been
patrons to other service locations; that the Construction
librar£as; and that two public haarln~s were held on May iS,
r~duc~ citizen input and suggestions. Hs noted the Richmond
books ~er the County at nu cost and recognized ~r. Bob COSta,
identifying a site for a new larger Laprade Library and
requested stafff to contact the~e individual~. He further
Etated citizen concerns focused on meeting the needs of
children that uss ~he libraries durin~ the summer and hs
the timing of the completion for repairs to the libraries. He
requested staff to move as e~peditiously as possible in
completing the LaPrade Library, as it is on~ of the most used
librari~ in the County, and to present a monthly report to the
Board regarding meeting the goals of bringing these libraries
back into operation.
DONATION OF FUNDS TO TEE F~ANCHESTER YMCA FO~ USE IN
THEIR P~K LEE ~DENS ~AYGROURD PRO=E~T
~a. Bennett stated many families in Park Lee Cardcn~ ar~ headed
by single parents and the Park Lee community is working in
partnership with ~he Y~CA, the County's Parks and K~creatio~
Department, the office on Youth~ the Mental Health Department,
an~ Signet Bank to i~Drove recreation for youth in the Park Lee
community. She further stated recreational opportunities for
children who reside in ~ark Lee Garden~ are currently
inadequate and this project will improve on-site recreation+
Mr. ~c~ale recognized Ms. Judy Cox, Chairwoman of the Park Lee
Gardens Playground Committee, who was present at the masting
amd stated ~h~ ha~ b~en in~trum~ntaI in making thi~ project a
On motion cf Mr~ McHala, seconded by Mr. Barber, the Board
donated $1,000 from the Bermuda District Three Cent Road Fund
to t~e Manchester Y~CA for expansion nf the playground
equipment at Park Lee Gardens Apartments.
Absunt: Mr. Colbert.
POliCY
Mr. steqmaier stated when the Board implemented the Cash
Proffer Policy, ~taff was instructed to review a~ually the
ealculatione used to determined the cost Of ~eleotmd public
facilities. Ke further stated ~taff i~ requesting the Board
set the FY95 per lot Oae~ p~offer amount at $6~096 per lot for
previously approved zoning oases, offering to pay $~,0~0 plus
Marshall Swift Index adjustment and to eat the PY95 per lot
cash proffer amount at $~,0S~ for previously approved zoning
oases, offering $5~43 plus ~ar~hall Bwift Index adjustment and
for ali futur~ zoning oases. Ee stated ~t~ff reeoImmend~ the
Board net to set a higher proffer amount for new ca~e~ as the
difference i= minimal and admini=trativ~ly, it makes it easier
to administer t~e program if there are not a lot of different
amounts for various lots and subdivisions, He further ~tated
staff is also recommending the Board eliminate the ooKumercial
firs pro=es=ion cas~ proffer from the cash Proffer Policy for
all future zoning cas=s.
There was brief discussion relative to ellmlnatio~ of the
commercial fire protection cash proffer as it relates to making
it retroactive and the County returning fund~ collected by
those who have already paid the fire cash proffer.
Mr. Daniel instruo%ed staf~ to proceed with investigating the
possibility of eliminating t~e commercial fire cash proffer and
refunding monies collected and al~o requested staff to advise
or confirn to th% Bonrd that the County's Cash Proffer Policy
cemplie~ with applicable legal oenstrainbs and is b~ing
administered accordingly.
~/25/94
Board to set the FY95 per lot cash proffer ~ount at $4,09~ per
lot for previously approved zoning cases, offering to pay
$4~600 plu~ ~ar~halI Swift Index adjustment (generally
approved prior to July 1, 1992)~ set tbs FY95 per let
proffer amount at $9,~83 for previously approved zoning cases,
offering $5,045 plus Marshall swift Index adjustment and for
all future zoning ca~ (generally oases approved after July 1,
1993; eliminate the commercial fire protection cash proffer
from the Cash Proffer Policy for ell future zoning cases;
initiate the co~ercial fire cash proffer from already approved
zoning cases; and for staff to advise er ocn£irm to the Boar~
that the County'~ Cash Proffer Policy complies ~ith applicable
legal constraints.
Ayes: Mr. McMale, F~V. Barber, Mr. Daniel, and ~r. Warr~.
Absent: Mr. colbert.
8.Q. O0N~IDERATIO~ OF POLICY
OF PUBLIC SCHOOLS FOR F¥94195 SCHOOL
1~. Mica~ ~tate~ ~aeh year the Board of Supervi~or~
~oard approve~ a policy that ~sgulate~ non-school use for
the authority to recommend %he scheduled school u~e cf ~i~ or
her facillty which ha= pr~cedenou ever all non-school use; that
during th~ time the school is not used for educational
purposes, th~ Zchool Board, each year, recommends a li~t
categories far people who can u~e er rant school facilities;
that this y~r's list is the same list of categories
reco~z~ended and approved last year; and that the YMCA and the
gchoel ~ystem currently operate a~ter-sohool programs at
various elementary and middle schools.
on motion of Mr. Daniel, ~eoomded by M~. McHale, the Board
approved the School U~e Policy r~ulating non-school use of
public schools fo~ the FY94/95 school year.
Ayes: Mr. McKale, Mr. Barber, ~r. D~niel, and Hr, Warre~.
Absent: Mr-
(It is nute~ a copy of the Policy is filed with the papers of
this Board.)
8.D.1. R~IONAL EUONOMIC D~ELOPMB~T PARTN~RBHIP
representatives from the private seater an~ Richmend,
Che~terfield, Hanover, and Henrico have propessd the creation
of a new regional organizatiun tu replace the Metropolitan
Economic Development Council (~EDC) and to p~ovide an enhanced
economic development pragram for the region. He further stated
the Cor~mittse has requested participating localities appoint
~heir representatives prior ts ~ay 15, 1994 so that the
Director ~an become familiar with the operation prior to its
start-up date of July l, 1994; that tbs regional economic
de¥¢topmant organization will h~ve a Boar4 of Directors
eo~o~d uf ~o~r directors from the privets sector and one
director from each of the four participating looaSiti~; and
that Mr. Daniel is currently serving as the County's
representative on MEDC. ~e not~d th~ Co~itt~e r~cum~nd~ an
initial te~ of on~ year.
94-409
Hr. Daniel stated he would like to s~rve on the Committee a~ he
has been a part cf the committee bringing this issue forward
and requested the Board to ~u~pend its rules at this tine to
allow simultaneQu$ nomination/appointment of a menber to serve
on the Regional Economic Development Partnership.
On motion of Mr. Warren, seconded by Mr. MoHale, the Board
suspended it~ rule~ at this time to allow simultaneous
nomination/appointment of a member to ~erva on =he Regional
Eosnomis Development Partnership.
Ayes: Mr. McHale, Mr. Barber, Hr. Daniel, and Mr. Warren.
Absent: Mr. Colbert.
On motion ef Mr. McBals, seconded by Mr. Warren, the Board
m~multaneously nominated/appointed Mr. Barry C. Daniel to
on the Regional Economio Dsvslopm~n~ Partnership, whose term is
effective July l, 1994 and will expire June 30, 1995.
On motion of ~. Daniel, ~e~ouded by Mr. Warren, the Board
suspended its rules at this time te allow simultaneous
nomination/appointment of a member to serve on the Camp Baker
Management Board.
Ayes: Mr. McBale, ~. Barber, Mr. Daniel, and Mr. Warren.
Absent: Hr. Col~ert.
simultaneously nominated/reappointed Mr- Albert E. Mccante,
Jr., representing the Chester Civitan Club, to ~rve on the
Camp Baker Management Board~ whos~ te~m i~ effective
int~e~iately and will expire A~rll 30, I997.
Ayes: Mr. McHala, M~. Barber, Mr. Daniel, and ~. Warren.
Absent: ~. Colbert.
BUILDIN~ COD~
Appeals ~or virginia uniform Stat~wid~ Building Code.
simu!tanaously nominated/appointed Mr. Rsbert Foster,
A~eals for virginia uniform Statewide Building. Code, whose
t~m i~ effective i~ediately and will expire July 31, 1994-
COMMITTEE
On motion of Mr. McWale, ~e¢o~ded by ~r. Oanlel, the Board
suspended its rules at this time to ~llow simultaneou~
~omination/appointment of members to serve on the Regional
Ja~s River Ta~k Force Co,mission steering committee.
Ayes: Mr. McHale, Mr. Barber, Mr. Daniel, and M~. Warren.
Absent: Mr. Colbert.
On motion cf Mr. ~cRale~ seconded by Mr. Daniel, the ~oard
~imultanecu~ly no~innted/appointed Mr. Tom Jamerson and Mr.
Joseph W. McClure to serve on the Regional James River Task
Force Co~%mission stearins Co~ittee, w~e~e terms will be
efSective iauaedtately and are at the pleasure of the Board.
Ayes: Mr. MeEale, Mr. sarbcr~ ~r. Daniel~ and Mr. Warren.
Absent: Mr. Colbert.
~.B. STHBETLI~HT INSTALLATION ~O~T APPROVALS
On motion c~ Mr. Daniel, seconded by Mr. Warren~ the Board
approved the following streetlight installation cost approvals:
* Inter=uction of ~appy Rill Road and Jefferson Davit Kighway
* P~tersburg Street, vicinity of 12324
(It is noted there i~ no cost te ink,all the lights.}
Countv-wlde
cost to install light: $4,879.12
cost to install light: $5,765,~9
9.~.1. APPROVA~ OF RE~OLUTION FOR S~HOOL BOARD APPROPRIATION
RE~ISIBNS, THIRD QU~/%TER REVIEW
On notion of Mr. Warren, ~cond~d by ~r, Daniel, the Board
approved %~e following resolution:
WHEREAS, Prucare wa~ reinstated as a health care
for Chesterfiel~ County and this reinstatement caused a loss of
~articip&nts to Southern Health, another health care provider
for Chesterfield County~ and
W~EREAS, a three percent surcharge will be charged on
southern Health billings duc to this reinstatement ~d ~uucare
will reimburse Chesterfield County for this surcharge each
WHEP~AS, academic and athletic field trips hav~ incr~ane~
du~inq t~is past year requiring additional funding for Pupil
Transportation through overtlm~ and substitutes; and
WHEREAS, the federal government a~arded Chesterfield
County public schools an additional $87,050 for the ~eadstert
~4-411
Fund, created Aogu~t 1, 1993, have been greater throughout the
year than had been anticipated.
$ohngon, ~conded by Mr. Brown, the School Board doo$ h=reby
school Operating FUn~ - (a) dear~ag~ appropriations for
instruction by $405,003, (b) increase Administration/
Attendance and Health by $105,OQ0, an~ (¢} incr~ame Pupil
for the Headstart Program and the Instruction
appropriation by $87,0101 and
sales revenue and t~e
Absent: Mr. Colbert.
8,F.2, AUTHORIZATION FOR COUNTY ADMINISTrAtOR TO APPL~_ FOR
~P. ANTS A~q) AppRopRIATION OF P~N~S IP AWARDED
On notion of Mr. Warren, seconded by Mr. Danlsl, ~he ~oard
authorized the CoUnty Adminintrator to accept both Federal
Aviation Administration IFAA) and Vi~gin±a Department
Administration (VDA) Grant~ for th~ Offmlt~ Obst~ction Removal
Associated Apron, Aoad~, a~d Pazking Areaa-D~ign Only Project;
and Acquire Aviation Easement Project and ~nter into contta~t~
wi~ ~h~ federal and S~ate governments for expenditur~ of ~ald
funds; authOriZed the County A~inistrat0r to solicit bidm for
Airport Improvement Projects and enter into contra~ts with the
applicable lowemt responsive a~d ~empon~ible bidders;
authorized the County Administrator to exe=ute applicable
contractual agreements %0 acquire and purchase aviation
eamm~entm; appropriated all federal (~227,2M0) and State
($12,62~) fun~ a11Qcate~ for the projects; and authorized the
~atch t~nmfer in =h~ amount o~ $i2,625.
Ayes: Mr. Mc~ale~ Mr. Bar,er, Mr. Daniel, and ~r. Warren.
Ab=ent: Mr. Cclber%.
On motion cf Mr. Warren, seconded by ~r, Daniel, th~ ~oard
awarded a eo~t~aet t~ Vitetta ~roup, in the amount of ~!07~610,
Domestic Relations Co~r~ Faeility. (It is noted funds were
previously appropriated in the FY94 adopted ~udget.)
Ayes: Hr. McHale, Mr. Barber, Hr. Daniel, and Mr, Warr~n~
Absent: Mr. Colbert.
94-412
AWARD OF MT/LTIPLE PROFEBSID14AL SERVI~B CONTRACTS FOR
On motion of Kr. Warren, ~e=onded by ~[r. Daniel, the
awarded n~ltipl~ prof=s~icnal uervices contract~ for annual
soils and construction materials testing te the following
fi~mu:
Atlantic Geotechnical Servic~, Incorporated
~ombine ~eehnologies, Inccrperate~
Rust ~evi~onmental a~d Infrastructure, Incorporated
Frn~hllng an~ Rn~srtson, Incorporated
Ayes: ~r. McHale! Mr. Barber~ Mr. Daniel, and }~, Warren.
Absent: Mr. Colbert.
(It ia noted funds for services will be provided from
individual pr0~ects supported over the next feur years.)
;~ND LAPRADE LIBRARY BRANCHES AI~D AUTHORIZ~TION
FOR CO~¥ ~MINT~T~TCR TO EXECUTE CO~4TRACTE TO
~OMPLETR REPAIR~
On motion of Mr. Warr=n, seconded by Mr. Daniel, the Board
t~ans~e~e~ $500,QOQ ~rom the Capital Reserve to the Library
Repair Account and authorized the County Administrator to
e~ecute all neoessary contrnct~ to repair Ettrick/Matoaca and
LaPrade Branch Libraries.
Ayes: Mr. McHale~ Mr. Barber, Mr. Daniel, and ~r. W~rre~.
Absent: Mr, Colbert.
INITIATION OF APPLICATTON TO BO~ID O~ ZONIN~ A~PEAL~
REOUESTING VARI~CE FOB PROPERTY AT 2001 COXENDALB
RO~D
On motion of Er. Warren, seconded by ~r. Daniel, the Board
initiated an application ts the Board of Zening Appeals for
Mr. Cleveland M. Martin~ S~. (~t is no%ed a copy of the plat
i~ £iled with the paper~ of this
Absent: Mr.
CNESTERFIRLD. 1.9.?~, AB AMENDED, BY ~MRNBIN~ ~
FEES FOR CERTAIN %'ARI~NCES
On motion of Mr. Warren, seconded by ~r, Daniel, the Board
referred to the Planning Commission, for their review and
recommendation, an ordinanoe ~o amend the Code of the County u£
Che~terfield~ 1978, a~ amended, by amending and reenacting
Section 21.1-17 relating tc application f~es £sr certain
Ayes: Mr. Mc~ale, Mr_ Barbe~, ~r. Daniel, and Mr. Warren.
Absent: ~r. colbert.
94-413 512B/94
8.F.$.b. ORDENANCE SETTING SALARIES FOR MEHBEN~ OF ~I~%~NING
CO~3~IGSION ~ BOARD OF ZONING APPEALS AND REPEAL
ARTIOLE V, ZEOTZON 2-29 ~
On motion of ~ir. Warren, seconded by Mr. Daniel, the Board
referred to the Planning C0mmi~ion, for their review and
recommendation, an or~i~anc~ to amend the Code of the County of
Chesterfield, ~978, as amended~ by r~p~alin~ S~c=ion ~-29 and
2-~O, a~d =he ti%lo to Articl~ V of Chapter 2, and by amending
and reenacting Sections 21.1-6.1 and 21.1-6.2 eno adding a new
D~vislon 3 within Articl~ I relating %o Oomp~n~atlon for
me,ers of th~ Planning Commission and Board of Zoning Appeals.
Ayes: Mr. ~=Hale, ~. Barberz Mr. Daniel, amd ~. Warren.
Absent: Mr.
On notion of ~_r. Warren, seconded by ~Lr. Daniel, t~ Board
approved the following bingo/raffle permits fo~ calendar year
1~94:
9~oanization
Greenfield Dragons Athletic
Asseoiation
Midlothian/WuodlaRe Lions Club
Midlothian High School Band
Absent:
Type
Raffle
Bingo/Raffle
Raffle
~c~ale, Mr. ~arber, ~r. Daniel, and Mr. Warren,
Colbert.
8.F.IU. ~TATE ROAD AOOE~TAN~E
This day the COunty Enviromme~tal Engineer, in assordanee with
direotions from this Board, mad~ r~port in writing D~en hi~
examination of the ~oad in Royl~n Wood~ ~idlothian Dis=r~ct,
an~
Whereas, the Residen~ Engineer for the Virginia Department of
T~ansportation ~as advised the Direotor of Environmental
Engineering, the street in ~oylen Wood, Midlothian Diatrict,
meets the rzq~irements establisked by =he Subdivision
Recuirements of =he Virginia Department of Transportation, and
Whereas, ~e county and ~he virginia Department of
Transportation have entered into an agreement~, reoor~ed in De~d
Book 2453, Pago 405, January el, 1994, for all =tor~wat~r
detention/r=tention facilitie~ in t~e county.
Therefore~ upon con$ideratlcn whereof, amd O~ ~ot~o~ of
W~rren, seoonded hy ~r. Daniel, it is resolved that the road in
Roylen Wood, Midlothian District, be and it hereby
~tablished a~ a Dubtic read.
And bO it ~ur%~er rasolve~, t~at th~ ¥irg~nia DeDartmen~
Transportation, b~ and i~ hereby requested to take into
the following:
Name of street: Royenweed Road
To: the cul-de-sac
Length: .0] mile
5/2~/94
Guaranteed Right-e£-Way Width: 50 feet.
~nie request Aa inoluelve of ~hm adjacent slope, sight
distance, clear zone and designated virginia Department of
plat.
This road serves 4 lots.
Roylen Wood is recorded as fellows:
Plat Book 79, Pages ? add ~, July 2, 1992.
Ayes: ~Lr. McMale, ~r. Barber, FLr. Daniai0 and ~r. Warren.
Absent: Mr. Colbert.
This day the county Environmental Engineer~ in accordance wit~
directions from thi~ Beard, made report in writing upon his
e~amination of the road~ in Walton Bluff, Midlothian District,
and
~nereas, the Resident Engineer for the Virginia D~partm~nt Of
Transportation has advised the Director of Environmental
Zngineerisg, the streets is Walton ~!uff, Midl~thlan Diztrict,
meet the requirement~ established by the Subdiviuiun Street
Requirements o~ the virginia Department of Transportation,
~[h~roas, the County and the Virginia Department of
Trunsportution have entered into an agreement, recorded in Deed
detention/retention facilities in the Co~nty.
Therefore, upon Consideration whereof, and on motion of Mr.
Warren, seconded by Mr. Daniel, i~ is resolved ~hat
in Walton Bluff, Midlothian District, be and they hereby are
established as public roads.
And be it further resolved~ that the virginia Department of
Transportation, be and is hereby requested to take into the
Secondary Syetem~ pursuant to Section 33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements,
the following:
Name of Street: Walton Bluff Landing Length: .03 mile
From: the intereectlcn of Walton Bluff Parkway
TO: the interseotion of Walton ~luff Terrace
Guarant~ed ~ight-of-Way Width: 60 feet.
Name of Street: Walton Bluff Terrace Length: .~7 mile
From: t~e Nort~ ~ul-de-sac
To: the South cul-de-sac
Guaranteed Right-of-Way Width: 40 feet.
Name of Street: Walton Bluff Ci~ole Length: .~4 mile
From: the intersection of Walton Bluff Terrace
To: the cul-de-sac
Guaranteed Right-of-way width: 40 feet.
Name of street: Walton slu~£ court Length: .04 mile
From; the intersection of Walto~ Bluff Terrace
To: the cul-de-~a=
~uaranteed Right-of-Way Width: 40 feet.
~a~e of ~tre~t: Walton Bluff ~lace L~ngth: .03 mile
F~om: the inter~action of Walton Bluff Terrace
To: the cul-de-sac
G~uranteed Right-of-Way Width: 40 feet.
~4-415 5/2519~
Name of Street: Walton Bluff'Parkway Length; .lb mile
From: the .02 mil~ north of Rout~ 2500 at the end of Route 3750
To: .10 mile south of Route 3501 at the end of Route 3750
Guaranteed Right-of-Way Width: 60 fast.
This request is inclusive of the a~jacent slope, sight
distance, clear zon~ and designated Virginia Depar~cn% of
Transportation drainage easements indicated on tho development
plat.
Plat ~ook $4, Page 74, August 18, 19~6.
8.F.lx.a. F£OMF~R. F~%~ON FRANK ~_ND MS, N~Nc¥ L. N~RT~OE
TO CONSTRUCT A FIFTEEN FOOT ~LL WEATMER DRIVEWA~
WITHIN A~ HXIZTIN~ FORTY FOOT RIGHT OF why ~O~/~
~80WENDALE ROAD
On motion of Mr. Warren, seconded by Mr, Daniel, the Board
approved a request from ~Lr. ~ason Frank and Mn. ~ancy L.
Hartsoe to construct u 15 foot all weather ~riveway within an
existing 4~ fcc% right Of way known as Owen~ale Road, subject
to the execution of a license agreement. (It is ~eted a ~opy
of the vicinity sketch io ~i!ed with the papers of thio ~oard.)
Ay6~: Mr. ~c~als, Mr. Barber, ~r. Daniel, an~ Mr. Warren.
Ab=est: Mr. Colbert.
FOOT DRAINAG~ ~ND SEWER PJ&SEMENT
On motion of Mr. War~en, ~etonded by Mr. Daniel, the Board
approved a request from Tomac Corporation for a ~i× inch
plaRti~ d~aina~e pipe to encroach within an e~i~tin~ 20 foot
drainage and cower easement, subject to ~he execution of a
license agreement. (It is noted a copy of %he vicinity ~kotoh
io filed with tho papers of thio Hoard.)
Ayes: ~Lr. KoHale, Mr. ~arber, ~r. Damielr and Mr. Warren.
Abuent: Mr. Colbert.
On motion of ~r. Warren, ~econded by Mr. Daniel, the Board
approved a request from Trustees of Korean Canaan Church of
Richmond for a ~ign to encroach within an existing 16 foot
water easement, subject to the execution of & license
agreement. (It is noted a copy of th~ vicinity s~etoh i~ ~ile~
with the paper~ of this ~oard.)
~y~: ~r. McCall, ~. ~arb~r, Mr. Daniel, and ~n~. Warren.
Absent: Mr. Colbert.
~.P.l~. AUThORIZaTION FOR COUNTY ADMI~TSTHATOE TO ENTER
~NTO,,~N~GREF~4ENT WITH RICHMOND REGION]kL 14_Ne
C~J%TER PLYING DISTRICT CO~I$~IO~B FOR UTILIZATION
OF ~ASS-THROUGH FUNDS
On motion of Mr, Warren, seconded by Hr. Daniel, the Board
authorized the Ce~ty Administrator to enter into an ~greemsnt
with Rickmond Regional and Crater ~lanning District Commi~slsns
for utilization of pa~-through fund~_ (It is noted a copy of
%he agreomsnt is £11sd with the papers o~ th~s Board and ns
County f~d~ are involved in this contract.)
Ayes: Mr. McHale, Mr. Barber, Nr_ Daniel, and Mr. Warren.
Absent: ~r. Colbert.
RFFROPRI~TION O~ FUNDS /tND ADO~TION 0~ RESOLUTION
AUTHORITY TO EX~ND TRANSIT SEHVICE TO BEAUFORT M~LL£
Mr. Daniel inquired ss to whethe~ the $~50,000 in ~nticipated
Virginia Department o~ Transportation (~¢T] r~i~urs~ments are
Met~opolitu~ ~lannin~ Organization (MPC} and it is possible
and be reimbursed f~om VDOT.
~. Daniel then in,ired as to whether ~he County has a
relm~urse~. Mr. McCr~cken stated the County w~ll ha~ an
mqreement that the fund~ will be reimbursed, ~r~ Daniel ~hen
in this project. Mr. McCracken stated IST~A funds are being
used and no county tax dollars will be u~ed. ~r. Daniel
clarified that ~hen the I$T~ gr~nts e~ires a= the end o~ two
y~r~ a decision will m=~e as to whether or not the service
will continue.
0n motion of ~r. Warren, ~econded by ~. Ma~al~, th= ~oard
authorized the County Adminimtrator to enter into de~i~n/
construction a~reements w~h the Virginia D~partment of
Transportation (~OT) ~contractors~consultants fo~ the bus
=top~; sugar,zed ~taf~ to aoquire, by condemnation is
A~inistrator to enter into an agr=um=nt wi~h the Greater
County Attorney, providing %he service; ~nd adopted the
following re~olution:
~EAS, an unsafe condition exists for pe~es~rlans
walk~n~ to Beaufont Mall/Cloverleaf ~all alon~ ~idlothian
Turnpike at the Chippenham 9ark~ay interchange; and
~EAS, correction Of th~s =ondi~ion was discussed at
last year's Regional s~it~ and
~EAS, public transportation ~ervi~e oould be provid=d
to the mall area b~ ext=nding ~he Grea~er Richmond Transit
enter onto the mall property in order to provid~ the service so
94-417 5/~5/94
W~EREAS, property will need to be acquired to construct
the proposed Cloverleaf Mall bus etop~ and
~R~AS, the current estimated operating cost of previdi~
the service is $30,000 per year ($19,000 per year for bus
service, $11,000 p~r y~ar for paratranslt service required by
th= Americans with Disabil~t±es Act (ADA}; and
WHEREAS, the Richmond Metropolitan Planning Organization
has approved $25~,000 in Congestion Mitigation Air Quality
Funds for the construction of the bus ~tops and operatinq
for the service for two years; and
WHEREAS, after two years, ano~h~r set. ce of funding will
have to be identified or t~e County will have to Day
$30,000 operating cost if ~he service is to b~ continued.
NOW~ T~E~FORE BE IT RESOLVED, ~at the chesterfield
County board of Supervisors grants GRTCthe authority tO extend
transit ~rwio~ to t~e B~aufont Mall/cloverleaf ~all area
g~nerally described as follows: w~t along ~i~lothian Turnpike
to the first Beaufont Mall ent~a~o6~ t~en g~nerally north to a
western entrance, east on ~idlothian~rnplku to a proposed
Absent: Mr. Colbert.
JOE HOEHLEIN, REGARDING ADOPTIO~ OE RE~OLUTION BY
Mr. Joe Hsehlein, Executive vice President e~ the Combined
~e~lth Appeal of Virginia, e~pre~ed appreciation to the Bea~d
for the intent of adoption of a resent resolution esta~ishlng
in the preparation of the guidelines an~ the guidelines being
very narrow in that three of the largent voluntary health
agencies are neb going to apply as they do not qualify. ~a
County, ju~ an opportunity for bounty and Zebco1 employees to
the descriptive section of campaign material~. ~ submitted
to review their recommended changes.
~r. Ramsay stated money supported from the County~ local
employees would go to services in the communit~ and tO S~ppOrt
agencies providing direst services in the local community.
There was discussion relativ~ tu County employees designating
would :amain in the cummunity; and the issue of internal
competition among agencies within the United Way Campaign.
Mr. Rams=y stated th~ intent of the resolution wa~ to ope~ the
Campaign to all agencies and the uriteria the County
established was that funds would be limited to agencies which
provide direct support within the commun~=y.
~r. McHale instruotad ~taff to review the recommendations
on motion of ~r. ~arren~ seconded by ~C~ Barber~ the Board
accepted the following reports:
Mr. Ra~sey presented the Board with a report on the developer
water and sewer contracts executed by the CoUnty Administrator.
~4~. l%a~eay presented the Board with a status report on the
General Fund Balance; Reserve for ~uture Capit~l Projects;
District Road and Str~t Liqht F~nd~: Lease Purchases; and
School Board Agenda.
~r. Ramsey stated the virginia Depart~ent Of Transportation has
formally notified the County of the acc~ptanc~ of the following
roads into the State Secondary system:
~DDT~IONS LENGTH
.~Effectlve
~cute ~ (Old ~undr~d ~a~) - Section Three
of new location Route 652; ~roject 0652-0~0-F44,
Ro~te'6~ (old Hundred Road) - section FOUr
of new locatio~ Route 652; Project:
C502, D677, D67~ 0,24 Mi
ROUte 6S2 (01~ H~ndrod Road) - Section one of
old location Route 652; Project: 0652-020-P44,
ROUt~ 65Z (Old Hundred Road) - Section Two of
old location Route 65~ ~rojeet: 06~2-02Q-P44,
mile Northwest Route 3992 to 0.05 mile East
Route 3995 (Ei~son Place) - ~ron Route
&tbsant: ~r. colbert.
11. DINNER
On ~otion of ~r. Warren, seconded by Mr, MeHale, the ~oard
recessed to the Administration Building, Room 502~ for dinne~.
Ayes: Mr. McHale, Mr. Aarber~ ~. Daniel, a~d Mr. Warren.
Absent: ~r. Colb~rt~
~4-419 5/25/94
pLEDGE OF ~LLE~I~NCE TO ~HE FLAG OF TH~. UNITED STATES
Mr. Pete sti~h led ~h~ Pledge of klleglance tu the Flag of th~
United states Of A~eriea.
RESOLUTIONS A~D SPECIAL RECOGNITIONS
RECOGNIZING MIDLOTHIA~MIDDLS SCHOOL LADY MUSTANGS
T~/4 FOR T~EIR OUTSTANDING ACCOMPLI~H1R~NTS
SPORTSMANSHIP
Mr. stith introduced ~r. Eric Robinson, Coach, and Miss Mary
Sc~hnurman, Mis~ Lori Etrobl, and ~iaa Sara Miller, Captains Of
the Midlothian ~iddlc SChool Lady Mustangs Soccer T~am, who
were pre~nt to receiv~ the re~ulution.
On motion of the Board, the following r~olution was adopted:
WHEREAS, participation in middl~ gchool sports has long
been an inteqral part of Thesterfield County's eduuational,
physical, a~d e~otional d~v~topment for students; and
WH~S, ~r. Eric Robinson, Coach of the Midlothlan Middl~
School Lady Mu~tan~ Soccer Team, h~s been in th~ field
coaching for the pa~t twenty-one y~ar~; and
WHEREAS, undex~. Robinson's guid~nc~ a~d dlr~ct~on, the
a 9-0-1 record and won the County Tournament with a
record and have scored 100 goals and given up z~rO goalm ~n the
lam~ two ~ea~onm; ~n~
WHEREA$, the Midlothian Lady Mumtangm are the second boys
or girls soccer team in the County's himtory tu remai~
upon for a ~econd consecutive season with a two year record of
25-0-~;
~R~A$, %he Captainm of th~ Midlo~ian Lady Mustangs --
Mimm ~ary "Zoe" Schnurman; Miss Lori "Tabby" Strobl; and
County ~oar~ 0f $~pervisorn doen h~reby c~end the Midl~thian
aocompli~ents and splendid ~ports~anship.
~sent: Mr. Colbert.
them on their outstanding aocomplishments.
Coach Robinson expressed appreciation, on behalf of the Team,
for the recognition.
94-~20
Xr. Rammey stat~d the Planning ~part~e~t recenlly reeelved~he
1994 Meritorious Award from the Virginia Chapter of the
Stith ~en recognized Mr. Har~ Mar~h and ~. Phil Cunningham,
Plannln~ Co~issioner~, an~ ~s. su~an ~c~rry, Prinoip~l
Planner of the Plannin~ D~Dartmant. H~ stated Chesterfimld
COunty oontin~e~ ~o ~ in a leadership role throughout the
nation and S~Rt~ a~ evidenced by tbs Planning D~part~nt
recently receiving ~his meritorious Award for th~ Southern
~a Plan and expressed appreciation tO the Planning
Co~ission and staff for their efforts in this accomDli~ent.
Mr. Ramsay e~pressed appreciation to the Planning commission
and staff for their p~ofe~ionalism in developing the Plan.
Mr. Mc~ale stated the role of a ~lannlng Commissioner is a
difficult job and he feels the County has a highly professional
~l~nning s~aff, H~ e~ressed appreciation for their dedication
and hard work.
Mr. Micas stated this data and time ha~ been advertised for a
public hearing to aensider raadoptien of an ordinance relating
to flood plain management. He further statud the ordinance was
adopted on an emergency basis at the April 27, 1994 meeting to
comply with Federal ~mergency ~a~agement Agency (FE~A)
requirements in order for County resident~ to maintain their
eligibility for flood inmurance, however, since that time,
~teff feels the ordinance should be considered as part of the
Zoning Ordinance. ~e stated staff recommends the Board defer
the public hearing until June 22~ 1994 and refer an amended
flood plain ordinance to be codified within th~ Zoning
Ordinance to the Planning Commission, for their review and
recommendation, prior to the June Z~, 19~ publio hearing,
On motion of Mr. Daniel, ascended by ~r. Warren, the Beard
deferred the public hearing to con~ider ~eadoptien of an
ordinance to amend the Code of ~he County of Chester£i~ld,
i978, as a~emded, by addi~ Chapter 7.3 entitled flood plain
management ordinance and enacting Section 7.3-1 through 7.3-10
~til J~ne 22, 1994 smd referred to the Planning Commission,
for their review end recommendation, an amended flood Dlain
ordinance to be codified within tbs Zoning ordinance for their
consideration prior to the June 22, 1994 public hearing.
Ayes: Mr. McHale, Mr. Barber, Mr. Daniel, and Mr. Warren.
Absent: Mr. Colbert.
i$.B....T0CON~ID~_RBADO~TION OP AN OADINANOB TO ARE~D THE
CODE O~ THE COUNTY OF ~HESTE~EI~LD, 1978~_~A~E~DED, BY
ADDI~ 8~TION 1~.1-$4 RELATIN~ TO PUBLIO INDE~BNC~
F~. Micas stated t~is date and time has been udv=rtisxd for u
public hearin~ ~o consider rea~option of an ordinance relating
to p~blie indecency. ~e further stated on March 23, 1994 the
Board re£srrs~ a prepqsad zoning ordinance to the Plannin~
Commission defining adult entertainment e~tablishments and
limiting them to C~5 districts with e conditional nme; that :he
ordinance makes it a crime for a woman to appear in a public
place wearing lesz than a bikini and p~ohibit~ men f~om wearing
less than bikini bria£s; that anyone who violates the ordinance
will be subject to a penalty of up to one year in jail and a
fine of $2,500.
difficult to enforce.
There being no one else tQ address this ordinonce, the public
hearing was closed.
Mr. Daniel made a motion, seconded by Mr. Warren, for the Board
Chesterfield, 1978, aa amended, by adding Section 15.1-34
relating to public indecency.
There was brief discussion relative to enforcing the
whether there have been any problems relating to public
indecency in the county; the ordinance being a preventive
bathin~ suit attire ~urrently worn by citizens in the County.
Mr. MCHale called fo~ the VOte, on t~e mz~ion made by
Danial~ maconded by Mr. Warren~ for the Board to adopt the
following ordinance:
AN ORDINANCE TO AMRND THE CODE OF T~N COUNTY
OF CHeSTeRFIeLD, 1978~ AS AMENDED, BY ADDIN~ $~CTION
BE IT ORDAINED by the Board of supervisors of
County:
(1) That Section 15.1-34 of the Cede ef the County of
Chesterfield, 1978, as amended, ie added to read as
Seoti0~ 15.~-34- ?~blic indecency prohibited.
1. For purposes of thi~ ~ection nudity shall
a. Having the pubic region o~ qanital~ covered less
b. Having less than the majority of each buttock
completely and opaquely c~vered~ or
c. ~avinq any portion of the nipple or areola of
the ~emsle breast or that por~ion of the female breast distal
to and below any part of the areola covered less th~n
completely and opaquely.
2. Every per~on who knew~ngly~ voluntarily and
intentionally appears in a state cf nudity in public or in a
view, or in an eutabli~hment which off~r~ n~mber~hlp= to the
public~ or who employs~ encourages or procures another ed to
3, ~v~ry person who knowingly, voluntarily and
intentionally engage~ in specified se~ual aotivitiee in public
public view~ or in an e~tablieh~ent ~h~eh offer~ ~ember~hip~ to
the public, or who employs, encourages or procures another so
to engage, mh~I1 be guilty of a Class I misdemeanor.
4. For purposes of this section specified sexual
activities shall mean: showing human genitals in a stat9 of
sexual stimulation or arousal; real or mi~ulated acts of human
masturbation, sexual intercourse, sodomy or flagellation;
and/or fondling, caressing or other erotic touching of one's
own er another% genitals, pubic region, buttocks or female
94-422 S/25/94
breast; or showing the covered male genitals in a discernibly
turgid ~tate.
~. Nothing contained in thi~ section shall be construed
to apply to the presentation of any play~ ballet, drama,
tableau, production or motion picture in any theater, concert
hall, mohcol, collage, museu~ of fine art~, or Other similar
~stabli~hment which ie primarily devoted to such presenhatiens
es a form of expression of opinion, communication, speech,
idea~, information, art or drama.
(2) Thi~ ordinance shall becume ef£ec~ivs immediately
aden adoption.
Ayes= Mr. MeHala, ~. Barber, Mr. Daniel, and Mr. Warren.
Absent: Mr. Colbert.
PROPOSED F¥95 THROUGH PYOS SECONDARY BpAD ~IX YEAR
BUDGET
Nr. stith eta=ed this date an~ time has beem advertised for a
public hearing to consider the Virginia Department of
Traneportstisn'~ proposed FY95-OO Secondary Road six Year
Improvement ~lan and PYP~ secondary Roa~ Improvement Budget.
Mr. Warron inquired a~ to whether the reopening o~ ~ranchw=y
Road is included in t~e Six Year Improvement Plan. Mr.
Ssuthport Business Association and noted there have been
concerns exDressdd by ~ten~heng= residents ae they feel the
reopening may create some cut-through traffic in th~
nslghborhcod. Me further stated mtaff is reviewing an option
that would extend Busy Str~t in lie~ of reopening Brmnchway
Road.
There was brief discussion relative go f~n~ing required to
address current t~anuportation needm being approximately $350
million.
Mr. Daniel stated the term~ "Six Year Plan~' is inaccurate as
the Plan idxntifies wh~re the County will ~pend the mo~ey it
~ae £er the ne~t six years and thc County does not have a plan
that addresses its actual needs.
~ir. Roger Medlock recognized approximately ~0 persons from
Millside Subdivision who were present at the meeting and stated
~ince 1~8, Millsid~ Rubdxvi$ion has appealed =o the ~oard to
eliminate the problem of access to the ~illside Subdivision;
that the problem of having only one access to Millaidu worsens
each year; and that in 1990, the official count by the Virginia
Department of Transportatien (¥DoT) was 38 trains every 24
hours and is much higher today. He expressed concerns relative
to the number of times the access to Millside has been blocked
by trains and r~quested the Board to apply to the Commonwealth
Transportation Beard for Industrial Access Road Funds to be
~ed to extend Pine Forest ~riv~ to Woods ~dge Road and to
transfer some of the f~nds earmarked for Genito Road to provide
u second ucces~ to Millside. ~e submitted into ~he record a
copy cf ~i~ remarks.
widening County roads and stated h~ fe~5~ th~ Co~nty should not
widen any more roads until it inpreves existing roads.
There being no one else to address this issue, the public
hearing was closed.
Mr. Morale stated there is a major development project going on
in the Weeds ~ge Road ar~a~ next to Allied Signal, and
requested staff to look {rite connecting the back end of that
project ts Millside as well as the pss~ibility of u~ing
Industrial Access Road Funds to provide a seoond acoaas te
Millside.
Hr. Ramsay stated staff will review this issue and present the
Board with a report and cost estimate in providing a
access to Millside Subdivision.
There was brief dissuasion relative to the cost cf ¢on~truetlng
a bridge over the railroad tracks.
0~ motion of Mr. Warren, seconded by Mr. Daniei~ the Board
adopted the followinq resolution:
WHF~REAS, the Board of Supervisors of c~e~terfiel~ County
and the Virginia Department of Transportation (VDOT) have
conducted a public hearing on the FY95 through FY0O Secondary
Roe~ Six Year Improvement Plan; and
WHEREAS, the Board concurs with the pzopos~d
identified in the Plan.
NOW, THEREFOR~ BE IT RESOLVED, that the Chesterfield
County Eoard of Supervisors approves the Six Year
Road Improvement Plan as presented by VDOT.
And, further, th~ Board adopted the followi~q r~sol~tion:
~EREA$, the Virginia Department of Transportation (~0T)
budget to the County~ and
~REkg, the budget represents the implementation of the
first year of ~oT's Six Year I~Drovem~nt Plan a~opte4 ~y the
Board.
NOW, T~EREFOR~ B~ IT RE~0LV~D, that the Ckesterfield
County Beard of Supervisors approves the FY95 secondary Road
Imprevement budget as presented by ~0T.
Ayes: ~r. ~Hale, ~r, Barber, ~. Daniel, and Mr. Warren.
(It is noted a copy of the SeoondaFy Road Six Year Improvement
Plan an~ FY95 secondary Read Improvement ~udgat is filed with
Mr. Jacobsen stated this date amd time has been advertised for
a public hearing to con~der an ordinanc~ relating to
eliminating certain resuming fees aa an additional develcpmong
and to conaldar amending its application for the Jefferson
on 5/8 inch maters. Ha further stated th~s Zonlnq Ordinance
~mendment will elimlnmte the fee fez resoning, conditional use,
an~ ¢cnd~tlonal oma planned development appli~atisnm when the
94-424 5/25/9A
application is for a non-residential use consistent with the
recently adopted ~eff~rson Davis Ni~bEaY Plan. He noted ~he
Planning Commission recommends approval. He stated the second
issue is to amend the County's enterprise,zone applioatio~ a~d
specific incentives within that applies{iOn to the State of
Virginia, specifically to amend and to include the waiver of
rezoning fees a~d i~o1Rde the waiver of wat~r/wastewater
connection fees. He further stated the ~oard is also ~alng
asked to consider a policy to .provide additional Enterprise
Zone incentives in terms u~ reduced roa~ i~Drovmmsnts with
No one came forward to speak in favor of or against thls issue.
Mr. MeHale stated the County has one of the mo~t aggressive
incentive packages in the State by trying to encourage
reinvestment by existing land owners as w~ll as encouraging
investment by new businesses and that in order to accomplish
that, he feels the Board should add ~h= additional financial
incentive.
There was brief dieenssion relative to the Planning Department
op~ratlng by th~ fees it receive~ and whether support of this
additional financial incentive will inhibit other work being
~ne in County.
On motion of M~. MoHale, s~onde~ by Mr. Warren, the Beard
authorized the County Administrator to file an amended
Enterprise Zsn~ AppliGstion with ~he State to include
elimination of the fee for rezonlng, conditional u~e, and
conditional use planned development applications when the
application is for a non-residential use consistent with th~
adoS%ed Plan; and to eliminate the water and ~ewer fees on 5/8
inch meters; and adopted the following ordinance:
AN ORDINANCE TO AMEND THE COD~ CF T~E COUNT~
OF CMESTERFIELD, 197~, AS AMENDED~ BY AMENDING
AND REENACTING S~CTION ~1-1-17 RELATING TO FEES
D~ IT ORDAINED by the beard of Supervisors of Chesterfield
County:
(1) That Section 21.1-17 of the Code of the ConntV of
Chesterfield, 197S, as a~eDd~d, i~ amended and zeenacted to
read as follows:
SaG. 21.1-17. Fees for Hea~in~s.
The oo~t Of each hearing requested pursuant to the
Rrevisions of this Chapter, ineludin~ advertisement when
~uq~i~ed, shall be as follows and shall b~ d~posited
simultaneously with the filing of the application or petition:
(a) Zoning rs¢]asslflcatlon:
(1) Without conditional
used planned
development
With conditional use
planned development
(s)
NS applicant for a
zoning reclassifi-
cation for any
office, commercial
$1,25Q.0~ plu~ $35.00 Der
acre for the first 200
acres and $22.50 per acre
thereafter.
$2,2~0.0Q pl~ $4~.0Q
acre for the first 200
acres and $1~.00 per acre
thereafter.
5125194
within an Enterprise
Zone designated by
the Cn~onwealth of
Virginia shall be
required to pay'a fee,
provided the Director
of Planning determines
that the request is in
compliance with the
comprehensive
expire on December 31,
2014.
Conditional uses and special
(1) Multiple family er $t,250.00 plUS $35.00 per
two family acre~
Homea: a, New $545.0Q
b. Renewal $245.0Q
(3) Planned Development
a. Without zoning $2,220.00 plus $4§.00 per
~eolassification acre for the first 200
b. With zoning $~,250.00 plus $45.00
reuleeei£1ea~ien fur the ~irst 200 acres and
$15.00 per acre thereafter.
c. Amend condition cf $t,4~0.00 each condition
Planned Development
(5) No applicant for a
Conditional Use or
Planned Development for
any office~ commercial
or industrial use within
an Enterprise Zone
designated by the
commonwealth of virginia
shall be required to pay
a fee~ provided the
determines that the
reqaeet is in compliance
Plan. This exemption
A~end condition o~ zoning, other
t~an condition of planned
development,
(1) Per condition $1,450.0o
(2) No applicant seeking
to amend a condition
commercial or in~trial
use within am
Zone designated by the
Commonwealth of Virginia
shall Be re~u~rod to pay
a fee, provided the
Director of Planning
determines that the
request is in compliance
with th~ Comprehensive Plan.
This exemption shall expire
on December $1, ~014.
(d) Variances
(e) Variances, Administrative $
(f) ApDeal to Board of Zoning $
Appeals relative te decision
of Direoter of Planning
(g) Sign Permits
(1) Tampurary signs, as
permitted ~eetions 11.1-267
(f), 21.1-267 (h), 21.1-267
(i) and 21.1-~6~ (b)
(2) All other signs for
which building permits
are required.
(2) Ne business located within
an enterprise zone shall
be required to pay a
in order to obtain a ~ign
pernit. This exemption
shall e~ire on December
31, 2014.
(h} substan{ial Accord
Deracinations
with accompanying zoning
ap~llca~iun
No a~plicant for substantial
accord determination for any
office, conmer¢ial or
industrlal use within an
by the Co~onw~alth of
virginia shall be required
to pay a f~, provided
Director of Planning
datelines that the
Comprehensiv~ Plan. This
exemption shall axplre on
Deo~ber 31~ 2Q14.
{i) Deferral requests by
~e upplicunt
to pay a fee for the
deferral if they were not
charged a fee for their
applies=ion. This exemDtion
shall ex,ire on December 31, ~0t4.
230.0~
509,00
150. O0
$1,5l~.00
$ 500.00
$ 50-00 per request
Modifioations to development
etandardm and requirements $260.0U
Ayes: ~r, ~¢Hale, Mr. Barber, Mr. Daniel# and Mr. Warren.
Absent: ~r. Colbert.
~h~. ~cCrack~n th~n reviewed three optlon~ outlined in his May
23~ 1994 memorandum to the Board regarding tran~srtatioe
improvements in the Jefferson Davis ~ighway ~nterprlse Zone
including Option 1., t~e Transportation Department solely
relying on the Virginia Depar~men~ of Transportation (VDOT) to
make any requirements related te payment widening, control cf
access, etc.; Option 2., the Transportables ~partment
~ontinuing with it~ current practice of asking for right-of-way
dedications and continuing the current site plan review p~ooes~
to control access and to make sure stubs are provided into
adjoining properties, etc,, but not to ask for physical
improvements along t~ roadway~ and Option 3., the
Transportation Department continuing to request improvement= in
accordance with current practices.
Dis~u~sion, Comments, and questions ~n~ued r~lative to Option
1 az it relatem to funding and road wldenin~ and whether an
analysis has been conducted on the level~ of ~evelopment in
that area and traffic ceuntm.
Mr. ~oHale stated he supports option ~ as he feel~ the County
should have th~ applicants dedicate the appropriate right of
way.
Mr. Daniel ~tated he al~o supportm option ~ az he feele this
will enhance new development in this area.
On motion of Mr. Mosaic, seconded by Mr. Daniel, the Board
adopted Option 2 as the policy of the Board for transportation
fmDrovemants ~n the Jefferson Davis Highway ~n%er~riza Zone and
instructed the Tranmportation Department to 1) request right-
of-way dedication~ oo~mimtent with the Thoroughfare Plan; 2} no
longer r~quemt cumtomary physical transportation improve~e~t~
(pavement widening, curb and gutte~, mfdewalk, traffic
signalization, etc.); and ~) continu~ thmir customary review of
site plans with regard t~ regulation of access, on-mite
Ayes: Mr. HeHale~ Mr. Darber, ~r. Daniel, and M~. Warren.
Absent: Mr. Colbert,
r~quemted re~oning from Agricultural (A) to Residential (R-12).
A single family resldential subdivision h~ving a minimum lot
to 3.6~ unite per acre im permitted in a Residential
District. The Comprehensive Plan demignate$ the property for
residential usa of 1.51 to 4.0 units per acre. This request
liem On 27.1 acres fronting approximately 2~100 feet on the
north line of Powhibe Parkway, approximately ~,TOO ~eat west of
Courthou~ Road, and lying approximately I70 feet off the
~ou~hern ~erminus c~ crawfcrd Wood Drive. Tax ~ap ~$-~
Part of Parcel 2 (Sheet 14).
5/25/94
Mr. Jucobson prO, Shred a su~u~ry of Case 94SN0183 and stated
tho Planning Commission and staff recommends approval and
acceptance of proffered cenditions. He noted the request
oe~£0r~s to the Powhite/Rsu%e ~88 Development Area Land U~e and
Transportation Plan.
~r. Andrew Scherzer, representing the applicaBt, Stated the
recommendations are acceptable. There wa~ ns opposition
On motion of Mr. Warren, seconded by Mr. Daniel, the Board
conditionz:
1. ~he applicant~ subdivider, or assignee(s) shall Day :he
following ts the County of Chesterfield prior to the time
of building ~ermit application for infrastructure
a. $5,043 per lot~ if paid on or prior to June
to exceed $5,043 per lot adjumted upward by any
Tndex between July 1, 199~ and 3ely i of the fiscal
$. With the exception of timbering to remove dead or diseased
Department of Forestry, there shall b~ no timbering un~il
Environnental Engineering Department and the approved
devices installed.
Powhite Parkway right of way. This setback shall be
be maintained within thi~ setback area unless remeval of
tho vegetation i$ approved by the Planning Co~u~issiom.
Associations prior to tentative ~ubdivi~ion plan
~ubdivisicn.
7. The following minimum gro~ square footage of dwellings
~hall ~pply on those lots adjacent to St. James Woods
Subdivision, ~e~t of th~ Commonwealth ~as line easement:
On all other lets west uf the Commonwsalth gas line
dwellings shall apply:
recorded in con3unction with the recordation of any
~ubdivi~±on plat w~nt Of the Comm0nw~alth gas line
94-429 5/25/94
THE OWNERS ds hereby declare that said property ie bo be
held, owned, conveyed, ~ed a~d Occupied s~hject to the
following restrictive covenants:
1. An Architectural Review Committee~ hereinafter
called "ARC", shall be comprised of the developer,
their heirs~ personal representatives, succemsors,
and assigns, any of which may act. The A~¢ shall
coordinate each residence and lot and shall
establish reasonable rules and ~ogulations relating
to the procednre for architectural approvals and
general ~uidelines for architectural plane for St.
James Woods according tu the specifications set
forth in "Architectural Review St. James Woods"
attached hereto as Exhibit "A" and made a part
hereof.
The Arc shall not be liable to any Owner OF =o any
other person on account of any claim, liability,
damage, sr expense su{~ered or incurred by er
threatened against an Owner or such other per,on
arising out of or in any way relating to the ~ubject
matter of any roview~ acceptances, inspections,
permissions, consents, or required approvals which
must be obtained for the ARC whetAcr given, graDted,
or withheld.
2. No Improvements, either permanent or temporary,
alterations, repairs, changes in color, excavations,
changes in grade, major landscaping~ or other work
which in any way altars the ex~erior =ppearanoe cf
any Lot or improvement located thereon from its
natural or improved state existing on the date s~eh
Lot was first conveyed in fee by the developer to an
owner (including clearance of trees and vegetation,
driveways, entrance ways, fences, mailboxes, and
tamp Dost structures}, ~hali be made er ~one un=il
the plans, specifications, working drawings, and
proposals for the same showing =he nature, kln~,
~hape, type, color~ materials~ and location of the
improvements on the Lot and a landscaping plan shall
have b~on ~ubmitte~ to and approved in writing as to
harmony of external design and location in relations
te surrounding structures, topography, and
applicable governmental requirements by the ART.
3, Ail easements along road frontage and lot lines es
shown on the aforesaid subdivision plat ~re h~reby
reserved unto the developer, his per~onal
representatives, heirs, assigns, or agents, for the
purpose of drainage or furnishing light, telephone
Lets shall bo occupied and ~eed as fellows:
a. Lots shall be used for private residential
purposes only and no h~ilding Of any kind
wha%~oevar shall be erected or maintained
thereon e×c~pt for:
1. Cna private dwelling house with each
dwelling being designated for occupancy by
a singl~ family.
2. Privets geragos for the sole uae u£ the
~e~peetive owners of the Lot~ ~po~ which
3. A single building for the storage of non-
commercial vehicles, boats, equipment, and
tools used in meintenance Of the Lot upon
which erected,
5. Ne building shall be located on any lot nearer to
any street or to a side line than is permitted under
the applicable-local zoning ordinance in effect at
the time such building ia constructed.
6. No structure of a temporary character, trailer,
basement, te~t, check, garage, barn, or other
outbuilding ~hall be ~ed on aDy LOt at any time as
a residence either temporarily or permanently.
7. The construction of any structure on a Lot shall be
completed with a period of nine (9) months after the
beginning of construction. During construction, the
Lot shall be maintained in a clean and uncluttered
condition, free of unnecessary accumulation of waste
and building debris.
$. It is the responsibility of each owner to prevent
the development of any unclean, unsightly, or Unkept
condition Qf buildings er grounds on his Lot. All
improvements on each Lot shall be kept in good
repair, and, where necessary, painted on a regular
basis. No portion of the Property shall he u~ed or
maintained as a dumping g~ound ~o~ rubbish. Out,ocr
ha permitted. All trash garbage, and other waste
~hall be kept in sanitary containers which shall be
surrsunded ~y wooden ~crsan~ng w~th ~uoh screening
being approved by the ARC, or otherwise out of sight
from =he street.
9. Nc nuisance or cf£ensivs activity shall be permitted
or maintained upon any Lot, nor shall any poultry,
hogs~ rabbits~ oattle~ Or other liv~mtoc~ be ~ept
normal household anlmal~ k~pt a~ pet~ thereon in
numbers not exceeding those permitted by the law
provided they nra not kept/ bred or maintained for
any commercial purposes, and must be kept under
control of their owner when outside owne~'~
premises, nor constitute a nuisance in the opinion
be made of any LO= whish will depreciate or
a total floor or living space, exclusive of
unfinished storage spaces of less than:
square feet on single story homes or as otherwise
restricted by the zoning ordinance, except those
lots which backup to Powhit~ Parkway shall bo 1700
square feet on homes over one story and 1soo square
£set on single story homes or as otherwise
restricted Dy t~e Eonin~ ordinance
that do not base up to Powhite ParEway shall have a
13. No Lot shall be further subdivided without prior
written consent of the ARC. However, the developer
hereby expressly reserves £or itself, ~ts
94-431 ~25/94
any Let or Lots shown un any recorded plan of
e~bdivi~io~ of the Property prior to the delivery of
a deed to said Lot or Lore without the prior written
consent of any Lot Owner.
14. ~cept for emergencies, which emergencies must be
proven to the satisfaction of the ARC, no trees with
a dianeter of six (~) inches or mere, measured two
(2) feet from the ground, flowering trees, shrubs,
or evergreens may be cleared from any Lot without
prior written permission of the ~C. In the event a
Lot Owner violates this covenant, the Lot Owner will
be fined $25.00 pe~ inch for every such tree removed
and it shall be assumed that each tree had a
diameter of twelve (12) inches.
No commercially licensed vehicles, meto~ vehicles~
recreational vehicles, boats, disabled vehicles,
vehicle~ without a current state llcense or state
inspection s~isk~r, machlnsry, or other equipment
shall be visible from the ~treet for a period
exceeding twenty-four (24) hours. Any screening e£
such vehicles must be approved by the ARC+ This
covenant shall not ~pply to vehielme and o~u~pm~nt
used in oo~ection with construction upon Lots,
while such construction is in progress, or in
connection with the development of the Property. If
Shall be the ~esDonsibility of each owner to
construct and maintain suitable and adequate p~rking
space on his Lot and all vehicles shall be pn~ked
thereon.
16. The operation of unlicensed motor bikes, ATU's, and
motorcycles on the 10ts ahd entrance area shall be
subject to regulation by the Owners and may be
prohibited entirely.
17. No external illumination on any Lot ~hall be of such
a character or intensity or so located as to
interfere with any other Owner's use or enjoyment of
his Lot. Ne neon or flashing llgh~s shell be
permitted. All external lightlng must be approved
as to else and intensity by the ARC.
18. Except during oonstruction~ no signs of any ki~d
shall be displayed to the public view on any lot
except:
A. One sign not exceeding four (4} square feet in
area used for the purpose of advertising the
Lot for sale or rent: sad
B. One sign net exceeding four (4} square feet in
ar~a which identify the resident occupyln~ the
Lot, the sane of the Lot, or both.
19. No temporary~ portable~ or above-ground swimming
pools may be erected on any Lot that will be visible
be permitted; provided, however, that until
Property, exterior television antennas shall be
permitted, provided that they do net extend more
thaa five ($) feet pact the roof line of any
dwelling. NO ~ate]lite dishes ~hell be visible fro~
the street.
21. No ~cns~ructicn shall be permitted without
appropriate erosion control so as to prevent the
discharge of any soil or other materials onto any
other Lot or Cem~en Area. The ARC may es~abllsh
reasonable r~l~s and ~eg~lati~ne establishing a
maximum percentage cf any Lot whi¢~ may be covered
by a beilding, driveway, or other structure.
22. No fences or walls not constituting a part ~f ~
building shall ~e erected, place~ or altered on any
Lot nearer to any ~tre~t than the minimum exterior
se%back line, but in no cass shall it extend further
forward than the rear cf the house except with th~
a~roval of the ARC.
23. NO shrubs, trees~ fences or structures of any type
shall be erected which may partially or fully block
vehicular sight distance, as set forth in the
Virginia Highway Department regulations, on any
road~ay in the subdivision.
24. No Lot owner shall disturb or siltate ~h~ulder,
backglop~s, ditches, pavement, curb and gutter,
driveway eulverts~ or any other improvementm within
the public right-of-way. ~mch Lot Owner agrems to
be responsible for disturbances, damages, and/or
siltation caused by themselves, their employees,
fourteen (14) days from the receipt Of a l~tter from
the developer and/or th~ ARC to correct the damage.
If a Let Owner fails =o correct the damage in a
assigns shall have the right to correct the damage
and bill th~ Lot Owner ~ire~tly un a cost-plus-
make payment within thirty (30) days of presentation
of the bill, a two percent (2%) per month service
charge shall be applied CC ~uch bill.
Any on~ or more of the Covenants and Res=fictions
imposed in Paragraphs 1 thru 23 hereof may be
waived, modified, or r~cinded, i~ whole er in part,
as to all of the Property er any Lot~ by written
~6, Invalidation of any of these covenant~ and
conditions, by ooert adjudication or otherwise ~hall
in no way modify, affect, Or invalidate any of the
which shall remain in full force an~ e~fsct.
2?. ~auh and every covenant ~nd condition herein imposed
any lot by appro~rists proceedings at law or in
~quity against any party violating or attempting or
threatening to violate the same to prevent or
rectify such violation and/or r~over damages
undersigned to bring any such proceeding shall not
be considered as a waiver of any rights at law or in
equity that any such party may have for past or
land and shall be bin~ing upon subsequent owner or
such owner or owners for a p~riod of thirty (30)
after which time said covenants shall b~
autom~tically extended for successive period of ten
94-455 ~/~/94
(10) years unless an instrument signed by a majority
Of the owners of the Lots ]las been reoord~d,
revoking said covenants~ or agreeing to change said
covenants in whole or in part.
EXHIBIT "ATM
~RCHIT~CTUR~L REVIEW
Ail plans to be approved prior to comme~ce~emt
of oonstrustion sn each lot. House leos=ion to
be approved prior to construstion.
~quare ~ootaqe
1500 squar~ fe~t on homem over one story and
1700 equate feet on mingle stor~ homes er as
otherwise restricted by the zoning ordinance
e×cept tho~e lot~ which baukup to Powhit~
Parkway shall be 1700 square feet on homes over
o~e story mhd 1500 ~quare feet on single story
hemes or as otherwise restricted by the
ordinance
Minimum 7/12 pitck
Minimum 12" evsrkang
No uncolored galvanized flashing
Brick foundations
Br~ck or ~one on chimney cha~es
Dwellinq
Main body of house to be a minimum of 30 feet
in width
No single story homes ad~ac~nt to each other
Brick stoops or painted fi~ {no ~alt treated
when approved by ARC)
~inimua 40 sq. ft,
Painted lattice ~nder front porches - painted
~anel shutter~ on front wln~ows
Minimum i x ~ rake end facia boards
Nc Ti-ii si4ing
LendecaDin~
~hite painted mailbox and lamp post consistent
throughout subdivision
6 inches at the base
~ f
10.
3 color exterior paint e~cept for 2 colors if
painted white
Satellite Dishes and ewinming pool design,
location s~d screening to be approved prior to
installation.
The Architectural Review Committee (ARC, which
consists of the developer, their successors,
heirs, er assigns, reserve the right to ~odlfy
the above restrictions or any oth~r i~poeed
deed restrictions in all or in part without
notice, in addition, the ARC reserves the
right to make special exceptions to these
conditions on an individual basis; however, any
special exceptisn{~) shall not be deemed as a
waiver of the restriction(s) as they may apply
in the future.
The ARC reserves the right to disallow
construction of architecturally similar homes
adjacent to each other.
The following shall apply on those lots east of and
inslusive of the Commonweal=h gasline easement:
A. Dwellings shall have a minimum gross spuars footage
us follows:
More than one story - 1,800 gross square feat
C. The maximun number of units sh~ll be twelve
The follow,ns Declaration cf restrictions shall be
recorded in conjunction with the recordation of any
subdivision plat east of and inclu~±ve of the co~monwoalth
gas llne
property is to be held, owned, conveyed, used and occupied
subject to the follewi~ ~estrictivu covenants which shall
run with the lend;
1. Ail lots shall b~ used £or resldential
as such i~ pre~crlbed end des~gne=e~ on said plat,
an~ e private garage and other outbuildings
2. No building shall be nituat~d un any 1st in
violation Of the applicable zoning ordinance in
effect ~t the time permitted between the residence
fences may be built ~etween the rear of the house
and ~he rear lot liosl The split rail fense~ may ba
backed with wlr~ to provide a~imal retentisn. There
shall be ne metal or chain link fence~ permitted.
allowed or kept sn the property and no dog or cat
or permanent, shall be erected on the property.
......................... I ................. ~ ~ ........ L ............... [ [
4. No satellite dishes or antennas of any type
whatsoever shall be situated on any lot.
outbuilding shall be erected for use as a temporary
residence on this property and no trailer Can be
placed on %his property as s temporary or permanent
residence. ~o unlicensed or uninspected motor
vehicl~ will be allowed or kept cn the property er
in the streets and roads in the Subdivision.
No dwelling house shall be erected with a total
floor Or living space, exclusive cf all basements,
one-story, styled dwglling or 1800 square feet for a
two-story. All one and one-half ~tery dwellings
mu~t have a minimum eC two dormers and ~800 square
f~et. Storm windows and bay windows Of standard
construction will be allowed. Roof pitch except for
cove~ed po~c~es ~all ~ave a minimum of a si~ (6~
inch rise per foo~. Ail foundations to be of block
and brick o~ parqed cinder block. Williamsburg
colors must be used, brasu kick 91ares o~ all entry
doors visible from the street, clo~ed risers on
steps, lattice material to screen all underside of
deck~, porche~ or stoops that are visible from the
~treet. It shall be th~ responsibility of the
purchaser to protect and maintain required culvert
pipe~ and drainage facilities and insure that said
culvert pipes meet Virginia Department of Highways
and Transportation standards. If at the time of
acceptance by the Virginia Department of Highways
and Transportation the culvert or drainage
facilities require maintenasce, th~ oo~t of ~aid
maintenance ~hall be bsrn~ by the oriqlnal
purchaser.
7. ~efure any structure is erected, placed, or
the building plans, specifications, and plat plan
for locations of said structure, driveway and
and fences must be approved ~n writing by the
~- The Architectural Control Committee is composed of
the developer or his successors, heirs, er assigns,
his a~signs. The Architectural Control Co~mittae
reserue~ the right to ~odify th~ r~striction~
contained herein er any other imposed deed
restriction in all or part without notice. In
addition, the Architectural Cen~rol Committee
reserves the right fo make special exception~ to
the~e cenditisn~ On an individual basis; however,
any special exception(s) shall not be deemed as
waiver of the restriction(s) as they may apply in
tho futur~. ~ny d~igion by the Architectural
Control Committee shall net be effective unless in
9. That prlcr to any removal of a tree more ~han 9" in
diameter, clearing, l~ndscaping or oth~r alterations
~f the terrain, approval ~hall be ~ecured in writing
from t~e A~chitectural Control conumittee.
10. NO noxious cr effensivs trade sr activity shall be
carried on or upon any lot, nor shall anything be
done thsreon which may be or bs~eme an annoyance or
nuisance to th~ neighborhood cr: injure the va%us o~
the nei~hborinq property.
~nforcement of these restrictions shall be by
proceedin~ at law or in equity aqainst any person or
remove a violation and/or to recover damages.
13. Invalidation of any one of these covenants by
operation of law or court order shall in no way
affect any of the other provisions which shall
remain in full force and effect.
expressly reserve the right to waive, amend, ~nlarqe
restrictions so lon~ m~ it owns any real estate
contained within the boundary lines of the
subdivision. When the deYeloDer no lon~er swn~ any
of the ~ubjeot property, ~hen upon the approval of a
majority of the property ~wners, any of these
eovenant~, conditions and r~striQtions may ~e
amended, modified, chan~ed or eliminated.
15. Th~e cov~n&nts are to run with the land and shall
~e ~in~in~ ~n all parties staining title to the land
for a period of thirty (30) years from the date
covenant~ ~ha~l be automatically extended for
~uccesslvs ~eriods of ten (10) years unless an
instrument signed by a majority of the then owners
of th~ subdivision %0%S gas D~e~ reoor~e~ modifying
said covenants is whole Or %~ part.
F~r. ~c~ale, Mr. Barber, Nr~ Daniel, and Mr. Warren.
I~r. Cnlbsrt.
Zn Dale ~agisterial Di~ric~, A~Z¢~ ~. ~u~o~
rezoninq from Agricultural (A) to ~esidential (R-i2). A single
family residential subdivision with a minimum let size of
12;000 square feet is planned. R~uidential use of up to 3.63
units per acre is permitted in e Residential (R~iZ) District.
T~e Comprehensive Plan designates the ~ropsrty for residential
USS of 1.Si to 4.0 unit~ per acre. This request liss on
s~ras fronting approximately 180 fee~ ~n the south line of
J~sup Road, approximately 670 feet east of Zion Hill Church
Road. Tax Map 51-g (1) Parc~l~ ~ and 4~ (Sheet 15).
the Planning commission recommends approval and acceptance of
Central Area Land Use and Transnnrtation Plan.
~Ir. Andrew $=herzer, representing ths applicant, ststed the
recommendations are acceptable. There was no oppo~itio~
present.
On motion of Mr. Denial, seconded by Mr. NcHala, the Beard
approved Ca~ 9~SN01~6 and accepted the following proffered
conditions:
shall be recorded in conjunction with recordation of the
subdivision plat and shall include the following:
(A) No noxious or offensive activity mhall be carried on
to the neighborhood. NO aDi~al~, livestock or
pets nay be kept, provided they are not kapt~ bred
or maintained £o~ commercial purposes.
(B] (1) No dwelling shall be erected On any lot having
a total area of finished living space,
cape cod dw611~ng, and 1,600 squarm feet for a
foundation-
Nc buil~ng~ or other ~tructure shall be
erected, placed~ altered or permitted to rm~ain
location cE such building or other structDr~
have been approved in writing by an
Architectural Control Committee deaignate~ by
Declarant (the "Committee"). Ahy ~u~h
structure shall ~e at least equal in
quality/character to thou¢ in the eximting
nmigh~orhuod. If the Committee fails to
~Decfffcaticn~ and location within thirty (~0)
~hall not be required hut will be deemed to
have been waived. The Committee shall function
and sold to any ultimate ~urchaser. Therea£t~r
selected by the affirmative vote of ~0% of the
(C) clearing or otherwise altering the aras within th~
100 year flood plain on any lot nhall Dot b,
permitted except with respect to the installation
and maintenance cf utility and drainage facilitle=.
{D) Strip clearing cf the trees from any lot shall not
be permitted.
The building setback requirements for front and side
strests for chesterfiel~ county, virginia mhall be
assigns the fee in all streets and public roads an~
proposed an~ for installing an~ maintaining
necessary utilitie~ on each lot.
Nc sign of any kind shall be displayed ts the publi~
view on any lot except (a) one professional sign of
not more than on~ el) square foot; (bi ene (1) sign
of not more than five (5) square feet advertising
the property for sale or rent; (c) signs used by a
builder to advertise the property for sale during
the construction and sales period; (d} one (1) sign
setting forth the name of the subdivision.
(H) No lot shall be used or maintained as a dumping
9-~ound for rubbish. Trash, garbage or ether waste
All ineinerator~ er ether equipment for the sto~age
or disposal of such material shall be kept in a
clean and sanitary condition.
(I) Motor vehicles which do not have a valid inspection
sticker and a license ~o permit the opera=ion of
such vehicles upon the highways of the State of
Virginia shall not be permitted :e remain on any lot
carport.
No exterior televislon or other antennas, parabolic
or satellite oommunisation dishes o~ any
equipmen= for =he purpose of receiving or sending
radio or televisiun signals shall be permitted on
any lot.
~o wall, hedge, mass planting ar similar
more than thre~ (3) feet in height ~hall be %retted
right-of-way line end the front line of any
residence, and no fence o~ any ty~e er height ~hall
be erected or p~rnitted on any lot ~l~ss approved
in writing by the Committee.
T~sse ¢ovenan~ ~kall run wi~h %he land and shall be
binding on all parties and ~1 per~on~ claiming
under ~hem for a period of thirty (30) years from
the date these covenant are recorded, after which
time such covenants shall be automatically
for successive periods of ten (10) year~ unles~ an
instrument signed by s majority of the then o~ners
of the lot= covered by this Declaration ha~ h~n
reocrdsd, ~greeing to change such covenants in whole
or in part.
(M) Invalidation of any of these covenants by judgement
or court order shall net affect any of the othe~
provisions hereof which other provisions shall
remain in f~ll force and effect.
(N) It ~hall be lawful for any person, firm or other
legal entity owning any cf the lots described herein
(including Declarant, its successors or a~signs}
prosecute any proceedings at law er in equity
against the person or oth~r legal entity violating
er a~tempting to violate any such covenant and
either to prevent such v%olation or to r$cover
damages ~er such violation. Any failure on the ~art
of the Declarant or any owner cf such lots to do so
shall nc~ be considered a~ a w~iver of any rights at
law or in equity that any such party may have for
past or future violations of there covenants.
(O) Neither the Declarant, it successe~m or assignm, the
Committee or any of its members shall be liable to
~ny owner or to any other person on account of any
claim, liability, ~a~g~r or expenses suffered or
incurred ar threatened against an owner of such
other per,on arising sut of or in any way relating
to the s~bject matter of %he re¥iews, acceptances,
inspections, permissions! ¢on~ont~ or
approvals, wh~ther given, granted or withheld.
NO dwelling skall ~e ere~te~ on any lot having a t~tal
floor'ar~a cf finish living space~ exolusiYe of basements,
dwelling, 1,40~ square feet for a ~wo-story dwelling, and
At time of recordation of the first subdivision plat,
thirty-five (35) feet O~ ~ig~t of way On the ~outh si~e of
Je~sup Read i~edlately adjacent to t~e property shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County.
Access to Jessup Read mhall be limited to cna (1)
entrance/exit. The exact location of this access shall be
approved by the Transportation Department.
T~e applicant, subdivider, or assignee(s) shall pay
followinq ~o the county o~ Chesterfield prior to the time
of building permit application for infrastrnoturo
improvements within the service district for the property
for all let~ in exc~s~ of one
a- $~,0~ per lot, if paid on or prior to J~ne 30,
b. The amount approved by the Board o~ Supervisors not
to exceed $5,043 per lot adjusted upwards by any
year in which the payment is made if paid after
30, 1994.
OF SUPERVISORS ~equestsd rezening from Aqricnltural (A) to
General Industrial (I-~), ~he density sE such amendment will
Comprehensive Plan designates the property for moderate
Woods End Road. Tax MaD 149-16 (1) Parcel 6 (sheet 41).
Mr. Jaccbson presented a summary of Case 94gN0~87 and stated
the Planning Commission and staff recommends approval subject
to a condition. He noted the request conforms to the Southern
Morris, could benefi~ finansially fram =his rezoning, declared
a potential conflict of interest pursuant to the Virgiia
Comprehensive Conflict of InLerest Act, and excused hi,self
from the meeting.
Mr. Lane B, Ram~my, representing the applicant, stated the
recommendation~ are acceptable. There was no opposition
approved Case 94SN0187 subject to the following condition:
property, a fifty (50) foot buffer shall be provided along
the Western property boundary adjacsnt to the C~X Railroad
right of way. Facilities, utilities and other
improvsmmnt~ and un~, including a~oe$s, shall be
permitted ~ithin this buffer provided the spirit end
intent of th~ buffer is ~int~ined, as 'determined at the
time of site plan review. The exact treatment of the
buffer ~hall b~ ~pprove4 at the time of site plan review.
Further, thi~ buffer may be ~odified CT r~duoed ~t the
time of site plan review in accordance with section
227 (i) of th8 ~cning ordinance,
Ayes: Mr. McHale~ Mr. Barber~ and ~r. Warren.
Absent; Mr. colbert and ~r. Daniel,
~. Daniel returned %o the meeting.
requested rezoning from Agri:ultural (A] to General Business
(C-5). T~e d~nsity of such amendment will be controlled by
~r. Jacobsen presented ~ summary o£ Cas~ ~%$~019~ and stated
the Planning Commission and staff recommends appruval and
to aooept onl~ Proffered Conditions ~mbers 2-5 and reject
recommendations sra..scoop:able. There was no opposition
a~provad Cass ~45N01~6, did not accept Proffsr~d Condition
ti~8 ~hat a building is oonstructed on t~e property.
3. Prior to site plan approval, thirty~five (35) feat
of right of w~y on the east side of Ruthers Road
Road i~Imadiatsly adjacent to the property shall be
dedioated~ free and unrestricted, to and for the
benefit of Chesterfield County.
4. Access to Ruth~rs aced shall be limited to one
shall De apDrove~ Dy the T=anspcrtation Du~artment.
This uccess shall be shared with adjacent properties
to the nurth and south as resulted by the
94-44~ 5/25/94
Ayes:
Absent:
Prier to issuance of an occupancy permit, an
additional lane of pavement shall be constructed
along R~ther~ Road for the entire property frontage.
Any additional right cf way (er easements) required
for this improvement shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County.
Mr. McWale, Mr. Barber, Mr. Daniel, and Mr, Warren.
Mr. Colbert.
94SW0195
In Matoaca Magisterial District, BENNIE D. SADaER requested
re=oning from Neighborhood Bus~ne~ (C-2) %o Residential
~Th~ applicant ha~ proffered te llmlt the number of lots to a
maximum of eno (1), yielding a density of 0.83 lots Der acre.
The Comprehensive Plan de~ignat~ the property for
conservation area use. Thi~ request lies on 1.2 acres Known as
20609 Skinquarter Road. Tax M~p 72 (1} Parcel 1~ (Bhe~t 1~).
Mr. Jacobsen prssented a summary of Case 94SN0195 and
t~ ~lanning Commission and staff recommends approval and
acceptance of s prof£ersd condition.
Mr. Bennle D. Sedler sta~ed tho recommendation is
T~ere was ns opposition present.
On motion of Mr. Daniel, ueoonded by Mr. BarDsr~ the Board
approved Case 945N0198 and accepted the fellewlng proffered
condition:
The maximum number of lot~ developed ~n the property shall
Ayes: Mr. McHale, ~r. Barber, Mr. Daniel, and Mr. warren.
Absent~ Mr. Colbert-
94SN5199
In Matoaca Magisterial District, ZWERDLING~ OPPLEF=m_N& PACIOOUO
requested rezoning from Light Industrisl (I-l] to Ceneral
Co~e~cial (c-5). T~ d~n~ity of ~uch amendment will be
controlled by zoning csnditlcn~ or Ordinance standards. The
Comprehensive Plan designates the property for light industrial
u~s. This request lies un 1.5 acres fronting in two (Z) pluses
f~r s tdtal Of approximately 100 feet e~ the sout~ line of Hull
street Roa~, also fronting approximately 60 feet on the east
line of Price Clu~ Boulevard, upproximately 450 feet so,th Of
Hull Street Road and located seut~eas~ of tho in~erseotio~ o~
these roads. Tax ~p 49-11 (1) ~arcels 12 and ~8 (Sheet
Mr. Jacobsen presented a summary of Case 94SN0~99 and stated
the Planning Commission and ~taff recommends approval. He
noted the request oenfe~ to the Wo~thern ~rea Land U~e and
T~anspprba~ion Plan.
Mr. Ken Paciecoe, one ef the applicants, =toted the
reeo~u~endatioa is acceptable. There was no opposition present.
On motion of Mr. Warren, ~ecended by Mr. Barber, the Board
approved Case 945N0199.
Ayes: Mr. ~cHale, Mr. Barber, ~r. Daniel, end Mr. Warren.
Absent: ~r.
In Midlethian Magisterial Dis~rio~, JA~ES ~. BLACkball
requemted rezonlng from Community Businem~ (C-3) to General
Businees (C-5). The density cf much amendment will be
controlled by zoning conditions or Ordinance standards; ~he
Com~rehensivm Plan dss~gnates th~ property for general
commercial use. Thi~ request lie~ on ~.9 a~res known as ~01
Research Road. Tax Map 17-9 (1) Parcel 61 (Sheet 8).
Mr. Jaoobmon preeented e mummery of Case 94SN0200 and stated
the Planning Commission and ~taff race,ends approval. He
noted ~e request conforms t~ th~ Northern Ar~a Land U~e mn~
Transportation Plan.
Mr. ~ames W. B~ac~urn stated the reco~end~tion ~ acceD~abl~.
There wa~ no opDosition prement~
O~ ~otio~ of MD. Barbe~, seconded by Mr. ~arren, th~ Bo~rd
In Matoaca Magisterial District, B~r~RY ~ D~N
reqummted ammndment' to a previously granted rezoning (Came
868042) to a~low a residence ~o encroach approximately fourteen
(14) feet into a required 100 foot buffer adjacent to Lake
Chesdin. The denmity of such amendment will be controlled by
zoning oonditien~ or Ordinance standards. The Comprehensive
Plan designates the property for residential uae of 1 to 5 acre
lots. This request lies in a Residential (R-Z~) District on
1.0 ~cre fronting approximately SM f~t on ~he south Line of
·alon Point Court, approximately 1,300 feet mouth Of Talon
Point D~ive~ TaR Map 185-1 (2) Eagle Cove, Lot ~57 (Sheet
M~. Jacobson presented u summary of Cam~ 94SNS~0~ a~d
the Planning Commig~ion and s~a£% recommends approval.
Mr. Barry and Ms. Da%~ Server s~a~ed =he recommendation is
u~¢eptuble. There was no opposition present.
On motion of Mr. Warren, seconded by Mr. Barber, the Board
16, ADJOURNMENT
On ~otion of Mr, McHale, seconded by Mr. Barber~ the Board
adjourned mt 8:10 p.m. until June 8, 1994 at
Ayes: Mr. McHale, Mr. Barber, Mr. Daniel, and Mr. Warren.
Absent: Mr. Colbert.
WESley ~[, ~lbeCt ~
chairma~