Loading...
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~