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11-12 -2003 Packet
CHESTERFIELD COUNTY AGENDA Mistress of Ceremonies - Doris Kron, CEA President Music by the Roaring Regiment (Band from Meadowbrook High School) Remarks by Lane Ramsey, Art Warren, Chief Elswick and Betty Taylor. Door Prizes -- CEA Entertainment by Meadowbrook Cheerleading Squad and Music by the Roaring Regiment Remarks by Jack McHale, Kelly Miller, Chief Baker and Sarah Snead. Door Prizes-- CEA Entertainment by Meadowbrook Stepper's and Music by Roaring Regiment Remarks by Ed Barber, Renny Humphrey, Dennis Proffitt and Lori Blalock. Door Prizes - CEA CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 12, 2003 Item Number: ~1 .A. I Subiect: County Administrator' s Comments County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: A presentation will be given by Joan Salvati, Water Quality Administrator, on the outline of a report on MtBE. Preparer: Joan Salvati Title: Water Quality Administrator Attachments: Yes ~-~No ~000001 Report MtBE Occurrence in Chesterfield County and EPA Identified Health Risks Outline IlL IV. V. VI. Background Discussion of MtBE Summary of EPA Drinking Water Advisory and Unregulated Contaminant Monitoring Rule (UCMR) Occurrence of MtBE in the Swift Creek and Lake Chesdin Reservoirs EPA Risk Assessment Status of MtBE Regulation and Congressional "Phase-Out" Summary 000002 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Date: November 12, 2003 Item Number: .B. Subject: County Administrator's Comments County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Mr. Bradford Armstrong, President and CEO of the Virginia Performing Arts Foundation, will be present to report on activities of the Foundation. Preparer: Lisa Elko Title: Clerk to the Board Attachments: No li~00003 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: November 12, 2003 Item Number: 7.1. Subiect: Resolution Recognizing Chesterfield Related to Hurricane Isabel County Employees for Their Efforts County Administrator's Comments: County Administrator: Board Action Requested: Mr. McHale requested that the following resolution be adopted. Summary of Information: This resolution recognizes Chesterfield County employees and commends them for their commitment to serving the community in the aftermath of Hurricane Isabel. Preparer: Donald J. Kappel Title: Director, Public Affairs Attachments: [~Yes ~-~ No #000004 RECOGNIZING NOVEMBER 12, 2003, AS ~EMPLOYEE APPRECIATION DAY" IN CHESTERFIELD COUNTY TO THANK EMPLOYEES FOR THEIR EXTRAORDINARY EFFORTS FOLLOWING HURRICANE ISABEL WHEREAS, Hurricane Isabel struck Chesterfield County and the region on September 18, 2003, causing widespread destruction; and WHEREAS, Chesterfield County employees staffed the county's Emergency Operations Center; formed debris-removal crews; operated shelters; distributed ice, food and water; directed traffic; patched rooftops; inspected homes and other structures and performed a myriad of other tasks, often under arduous and dangerous conditions, to assist the public; and WHEREAS, many of these services were above and beyond what is normally expected of these local government employees; and WHEREAS, these employees worked diligently, some for more than 24 consecutive hours without a break; and WHEREAS, this work was performed even though these employees, in many cases, had family members who were coping with the storm without them so they could assist others; and WHEREAS, many of these employees had homes that sustained damage that was ignored for days until citizens' needs were met first; and WHEREAS, in their efforts, these employees clearly demonstrated their adherence to the county's strategic goal ~To provide world-class customer service"; and WHEREAS, many Chesterfield County residents have expressed to the Board of Supervisors and the county administrator their appreciation for the exemplary actions of Chesterfield County employees during and after Hurricane Isabel; and WHEREAS, it is appropriate to commend publicly all those Chesterfield County employees who worked on behalf of our residents in dealing with the effects of this unprecedented natural disaster; and WHEREAS, the extraordinary commitment to public service that was exhibited by Chesterfield County employees during and after Hurricane Isabel is something of which we all can be very proud. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes November 12, 2003, as "Employee Appreciation Day" in Chesterfield County, to thank the many Chesterfield County employees for their exemplary efforts in assisting county residents and business owners in response to Hurricane Isabel, commends the employees for their commitment to serving the community, and extends its appreciation for their outstanding service. 000005 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: Subiect: November 12, 2003 Item Number: '/.2. Resolution Recognizing Ms. Alyson Smith for Her Outstanding Community Support County Administrator's Comments: County Administrator: Board Action Requested: Mr. Ramsey requested that the following resolution be adopted. Summary of Information: This resolution is to recognize Alyson Smith for her round-the-clock dedication in providing food and beverages to numerous employees who staffed the Emergency Operations Center in the aftermath of Hurricane Isabel. Preparer: Donald J. Kappel Attachments: Ycs [-~No Title: Director, Public Affairs 000006 RECOGNIZING MS. ALYSON SMITH FOR EXTRAORDINARY SUPPORT OF CHESTERFIELD COUNTY EMPLOYEES DURING HURRICANE ISABEL WHEREAS, Hurricane Isabel struck the Greater Metropolitan Richmond region with her full fury on September 18, 2003; and WHEREAS; beginning the previous day, Chesterfield County employees from many departments staffed the county's Emergency Operations Center (EOC) in the basement of the main administration building; and WHEREAS, the EOC was the nerve center from which staff managed the county's multi-faceted response to the hurricane; and WHEREAS, during the storm and in the aftermath when recovery operations were ongoing, scores of county employees logged more than 25,000 hours in the EOC, and these operations took place 24-hours-a-day; and WHEREAS, these employees required food and beverages to sustain them through the long hours they worked on behalf of Chesterfield County's residents; and WHEREAS, Ms. Alyson Smith operates ~Alyson's Cafe" in the basement of the main administration building; and WHEREAS, Ms. Smith provided meals around the clock for county employees in the EOC, and also prepared food for employees working in the communities; and WHEREAS, Ms. Smith set up a cot so she could occasionally sleep for brief periods before rising to cook, bake and serve food to those working in the EOC; and WHEREAS, Ms. Smith served more than 350 breakfasts and 450 lunches or dinners in four intense days, and her support was vital to the success of the mission of those men and women working in the EOC and in the field to cope with the hurricane's effects; and WHEREAS, such dedication and teamwork are deserving of appropriate public recognition. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield Board of Supervisors, this 12tn day of November 2003, publicly recognizes the outstanding contributions of Ms. Alyson Smith to the county's Hurricane Isabel response and recovery efforts, thanks her for her unwavering support, and wishes her continued success in her business enterprise. 00000? Outline of Community Appreciation Activities The following efforts are underway to thank Citizens for their efforts during Hurricane Isabel: Board resolution on November 12, 2003. Citizens/representatives from each district will be present to receive resolutions. · Efforts to identify and record exemplary acts of kindness by citizens. Asking citizens to recognize neighbors or others who went out of their way to help Boxes will be located in each of the 9 libraries, the community policing office at Chesterfield Towne Center and the lobby of the main administration building Citizens can complete a form to identify someone they feel deserves recognition Forms will be available beginning Monday, 11/17 through Friday, December 5. On Saturday, December 6 there will be drawings for gift certificates and prizes from Chesterfield Towne Center In addition, the Board will acknowledge all citizens submitted for recognition Letters of thanks to citizens and copy of resolution to be published in the November 18 issue of the community shopper. Information about the community appreciation effort to identify citizens for recognition will also be published. Public Service Announcement - the County Administrator and Board will tape a PSA announcement thanking citizens for their efforts. The announcements will be broadcast on Channels 6, 8 and 12 and run over a 2 week period beginning the week of November 17th. Information about identifying citizens for recognition will be covered in the PSA. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 12, 2003 Item Number: 7.3. Subiect: Resolution Recognizing Chesterfield County Residents for Their Efforts Related to Hurricane Isabel County Administrator's Comments: County Administrator: Board Action Requested: Mr. McHale requested that the following resolution be adopted. Summary of Information: This resolution recognizes Chesterfield County residents and business owners and commends them for their civic-minded teamwork during the aftermath of Hurricane Isabel. Preparer: Donald J. Kappel Title: Director, Public Affairs Attachments: Ycs -INo #0OOoo$ RECOGNIZING CHESTERFIELD COUNTY RESIDENTS FOR THEIR EFFORTS FOLLOWING HURRICANE ISABEL WHEREAS, Hurricane Isabel struck Chesterfield County and the region on September 18, 2003; and WHEREAS, this storm was unprecedented in its sheer size and in the amount of destruction it caused; and WHEREAS, it is estimated that more than 100,000 trees were felled in Chesterfield County by Hurricane Isabel; and WHEREAS, many roads were closed throughout the county due to these downed trees; and WHEREAS, most Chesterfield County residents were without electrical power, some for as long as two weeks; and WHEREAS, throughout these and the many other challenges confronting Chesterfield County residents during the storm and its aftermath, countless residents helped by taking the initiative in clearing roads with their own chainsaws; and WHEREAS, some residents shared generators, food, water, ice and other necessities with neighbors, friends and even strangers; and WHEREAS, many businesses donated ice, food, water and other items to the public; and WHEREAS, people exhibited patience, cooperation and expressed gratitude for assistance that was provided; and WHEREAS, the extraordinary sense of community and civic-minded teamwork that was exhibited by many of our residents is something of which we all can be very proud. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the exemplary efforts of the many Chesterfield County residents and business owners who selflessly helped others in the aftermath of Hurricane Isabel, commends them for their commitment to serving the community, and extends its appreciation for their outstanding citizenship. 000009 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: November 12, 2003 Item Number: Subject: Work Session for Proposed Subdivision Connectivity Policy County Administrator's Comments: County Administrator: Board Action Requested: The Planning Commission and staff recommend the Board of Supervisors adopt the Residential Subdivision Connectivity Policy as shown in Attachment A. Summary of Information: On September 16, 2003 the Planning Commission held their public hearing on the attached policy and recommended its adoption. The Policy was drafted by the Fire, Planning and Transportation Departments. The Policy establishes requirements for making connections between adjoining neighborhoods, lists instances where connections may be waived and sets forth the desired spacing for an overall network of arterial and collector streets. The Policy is designed to: 1. Improve public safety response time; 2. Reduce travel time and distance between neighborhoods; 3. Maintain an acceptable quality of life in the residential neighborhoods; and 4. Maintain traffic carrying capacity of arterial and collector streets. Preparer: Thomas E. Jacobson Attachments: Title: Director of Plannin.q C:DATNAGENDN2OO3/NOV/CONNECTIVITY/HAINLEY/GOK Yes ~-~ No 0000~.0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Connections To Undeveloped Property The policy sets standards that will require a connection to undeveloped land unless: 1. The undeveloped property does not have developable potential; or 2. A through street is not required or desired at that location; or 3. The street connection would violate the Stub Road Policy; or 4. The connection would provide primary access to property not designated for residential development. The policy will require the subdividers to post signs at stub road locations advising that the extension of that street is planned. Connections To Infill Development The policy requires streets in new subdivisions to connect to all adjacent stub roads unless the connection would create a traffic count that exceeds the Planning Commission's Stub Road Policy. Connection to a stub street could be waived if: 1. There are sufficient connections to disperse traffic and not cause a concentrated use of any one connection; or 2. A particular connection will cause a concentrated use at that location; and 3. Pedestrian and bicycle paths can be used to facilitate traffic between subdivisions. Internal Circulation In very large residential developments, the lack of connections between internal subdivisions can increase response time and travel distance. The policy will require developers to provide interconnectivity within the limits of large developments. This will not prohibit the extensive use of cul-de-sacs, but may require some looping and through streets to be integrated into the overall layout. Many new subdivisions are being designed this way now. Street Spacinq The final aspect of the policy deals with the overall street network of through streets to facilitate travel through residential areas. The spacing or frequency of the through streets decreases with density. An improved circulation network, designed according to the policy guidelines, will provide more alternatives for traffic movement, reduce traffic loading on arterial streets and avoid the needed development of super streets in excess of four lanes. This will result in the creation of alternative parallel travel paths. oooo _ Attachment A CHESTERFIELD COUNTY RESIDENTIAL SUBDIVISION CONNECTIVITY POLICY Purpose The purpose of street interconnectivity shall be to (a) improve public safety response time to residents by providing multiple means of access; (b) reduce travel time and distance between neighborhoods by providing alternative travel paths; (c) maintain an acceptable quality of life in the residential neighborhoods by preventing excessive through traffic on local streets where individual lots have direct access onto the street; and (d) maintain the traffic carrying capacity of arterial and collector streets. Standards 1. New streets shall be stubbed to undeveloped land unless an evaluation of the adjacent property determines that: (a) The undeveloped property at that location has development constraints such as but not limited to, wetlands, topographic features, size, etc; (b) A through street is not required or desired at that location; (c) The street connection creates a violation of the Planning Commission's Stub Road Policy; or (d) The connection would provide sole access to non-residential property. 2. Streets in new subdivisions shall connect to all adjacent stubs unless the resultant local street pattern would create a traffic count that exceeds the Planning Commission's Stub Road Policy. Connection to a stub street within a subdivision that complies with street access requirements as specified in Section 17- 76 (h) of the Subdivision Ordinance may be waived if: (a) There are a sufficient number of other stub streets to adequately disperse the traffic and not cause a concentrated use of any one stub street connection; or (b) The connection to a particular stub will cause a concentrated traffic at that location. 3. Subdivision design shall facilitate interconnectivity within its limits through the layout of the overall street network. The design concept of solely using multiple unconnected cul-de -sacs shall be evaluated and approved based upon circulation, topographic and environmental constraints. The following table depicts the recommended guidelines for spacing of through streets to facilitate travel through residential areas. The spacing or frequency of the streets decreases with density so as to provide more alternatives and avoid or reduce the construction of streets in excess of four lanes. 0000:1.;2 Density Through Street Spacing * < 1 du/a 1 1/2 miles in each direction 1.01 - 2 du/a 4,000 to 2,500 feet in each direction ** 2.01 - 4 du/a 2,500 to 2,000 feet in each direction ** > 4.01 du/a Street spacing will be reviewed on a case by case basis * Through streets include arterial, collector and residential collector streets. ** Spacing between streets decreases proportionally to increase in density. Where street extensions are not required, the subdivider shall construct a system of pedestrian pathways, which will facilitate pedestrian travel within and to adjacent development.. 5. The subdivider shall initially install and maintain thorough the life of the project signs(s) on all stub roads. The purpose of such signs shall be to advise the public that the extension of the stub is planned. o Applicability This policy shall apply to any zoning case filed or any tentative subdivision plat that receives approval after (INSERT DATE). Any property that received zoning or tentative subdivision plat approval prior to the effective date of this policy and has conditions that conflict with provisions of this policy shall be governed by those conditions. Adopted (INSERT DATE) 0000 .3 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: November 12, 2003 Item Number: 10.A. Subject: FY2003 Results of Operations County Administrator's Comments: County Administrator: Board Action Requested: Approve the actions for year-end FY2003 Results of Operations as outlined below. Summary of Information: As outlined on the attachment, the addition to undesignated general fund balance for the fiscal year e nding June 30, 2003 is comprised of approximately $1.2 million in revenue over the budget and $4.5 million in unspent appropriations. Staff requests approval of the following actions with respect to undesignat~ ending fund balance. If all recommendations are approved, undesignated general fund balance is projected to be $37.7 million through FY2005 consistent with the Board of Supervisors financial policies. Staff also requests approval to modify the loan repayment schedule with the Health Center Commission. In FY2003 the Health Center Commission owed the County $975,000. The Commission paid the County $181,360 in FY2003 leaving a balance due of $793,640 to be paid in FY2004. Preparer: Rebecca T. Dickson Attachments: Ycs Title: Director, Budget and Management ---]No # 000014 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: November 12. 200.1 Gener&l County Recommendations 1) Set a public hearing for December 17, 2003 to consider appropriating $666,000 in FY2004 for the following: $150,000 for police vehicles, $150,000 for Fire apparatus, $150,000 for Libraries internet management system, $60,000 for psychiatric services in Mental Health, Mental Retardation, and Substance Abuse Services (all identified at the time the FY2004 Budget was adopted) and $156,000 for use in the Comprehensive Services fund to address a projected year-end shortfall in FY2004; and 2) Designate $108,580 in property tax and other revenue over the budget and $3,016,277 in unspent appropriations for non-recurring items for use in FY2005. 3) Modify the repayment terms of a loan to the Health Center Commission. Under the revised plan, the Health Center Commission would be required to repay the County the following minimum amounts: $75,000 by April 1, 2004; $100,000 by April 1, 2005; and the balance by April 1, 2006. School Recommendations 1) Appropriate in FY2004, $100,000 to the School Fund to cover a projected year-end shortfall in the Comprehensive Services fund and to cover non- recurring expenditures and appropriate $249,922 to the School's Capital Improvement Fund for non-recurring purchases. 2) Designate $12,674 in property tax revenue over the budget and $456,699 in unspent appropriations for use in FY2005 for non-recurring items. During the FY2005 budget process, the School Board will identify non-recurring items associated with these funds. 000015 FY2003 Results of O?erations Projected Fund Balance at June 30, 2003 Property Taxes Over the Budget Real Estate Public Service-Real Estate and Personal Personal Property, Including PPTRA Reimbursement Machinery and Tools Penalties and Interest Total Property Taxes Over the Budget Less Required Contribution to Fund Balance Through FY05--Per Debt Policies Property Taxes over the Budget Available for Allocation $4,845,649 168,617 (4,149,864) (675,493) 929,437 $36,604,300 $1,118,346 (1,100,000) $18,346 All Other Revenue over the Budget (net of reserves) Total Unspent Appropriations (net of reserves) $102,908 $4,488,898 Proposed Uses of Undesignated Fund Balance To Schools For Use in FY2004 Schools Operating Fund - Comprehensive Services and non-recurring expenditures Schools Capital Improvement Fund-non-recurring items For Use in FY2005 - For Non-Recurring Items (Adjusted for State Sales tax, CSA and Tax Relief for the Elderly) Unspent Appropriations Property Taxes $456,699 12,674 100,000 249,922 $349,922 $469,372 To County For Use in FY2004 - Items Identified at Budget Adoption Police - Vehicles Fire - Vehicles Libraries - Internet Management MH/MR/SA - Psychiatric Services $150,000 150,000 150,000 60,000 $510,000 Other Items Identified Since Budget Adoption Comprehensive Services - to address potential FY2004 shortfall 156,000 For Use in FY2005 - For Non-Recurring Items Unspent Appropriations (Net of CSA) Property Taxes All Other Revenue Over the Budget $3,016,277 5,672 102,908 $3,124,857 Undesignated Fund Balance Projected Through FY2005 $37,704,300 000016 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: November 12, 2003 Item Number: Subiect: Streetlight Cost Approvals County Administrator's Comments: County Administrator: Board Action Requested: This item requests Board approval of Streetlight Costs in the Bermuda District. Summary of Information: Streetlight requests from individual citizens or civic groups are received in the Department of Environmental Engineering. Staff requests cost quotations from Dominion Virginia Power for each request received. When the quotations are received, staff re-examines each request and presents them at the next available regular meeting of the Board of Supervisors for consideration. Staff provides the Board with an evaluation of each request based on the following criteria: 1. Streetlights should be located at intersections; There should be a minimum average of 600 vehicles per day (VPD) passing the requested location if it is an intersection, or 400 VPD if the requested location is not an intersection; CONTINUED NEXT PAGE Preparer: Richard M. McElfish Title: Director, Environmental Engineering Attachments: Yes No 0000~.7 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information: (Continued) o Petitions are required and should include 75% of residents within 200 feet of the requested location and if at an intersection, a majority of those residents immediately adjacent to the intersection. Cost quotations from Dominion Virginia Power are valid for a period of 60 days. The Board, upon presentation of the cost quotation may approve, defer, or deny the expenditure of funds from available District Improvement Funds for the streetlight installation. If the expenditure is approved, staff authorizes Dominion Virginia Power to install the streetlight. A denial of a project will result in its cancellation and the District Improvement Fund will be charged the design cost shown; staff will notify the requestor of the denial. Projects cannot be deferred for more than 30 days due to quotation expiration. Quotation expiration has the same effect as a denial. BERMUDA DISTRICT= In the Amherst Subdivision: Amherst Ridge Lane, vicinity of 2800 Cost to install streetlight: $639.19 (Design Cost= $93.93) Does not meet minimum criterion for vehicles per day Amherst Ridge Loop, vicinity of 2702 Cost to install streetlight: $617.41 (Design Cost= $93.93) Does not meet minimum criterion for vehicles per day Amherst Oak Lane, vicinity of 16736 Cost to install streetlight: $601.50 (Design Cost= $93.93) Does not meet minimum criteria for intersection or vehicles Der day Harrowgate Road and Tarris Lane, northwest corner Cost to install streetlight: $202.32 (Design Cost= $187.85) Meets all minimum criteria For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. 000018 STREETLIGHT REQUEST Bermuda District Request Received: August 12, 2002 Estimate Requested: August 13, 2002 Estimate Received: October 21,2003 Days Estimate Outstanding: 434 NAME OF REQUESTOR: ADDRESS: Mr. Chris Mallory Amherst Homeowners Association - Streetlight Chairman 2707 Amherst Ridge Way Colonial Heights, VA 23834 REQUESTED LOCATION: Amherst Ridge Lane, vicinity of 2800 Cost to install streetlight: $639.19 POLICY CRITERIA: Intersection: Vehicles Per Day: Petition: Qualified Not Qualified, less than 600 Vehicles per Day Qualified Requestor or Staff Comments: None 0000 9 STREETLIGHT REQUEST Bermuda District Request Received: August 12, 2002 Estimate Requested: August 13, 2002 Estimate Received: October 21,2003 Days Estimate Outstanding: 434 NAME OF REQUESTOR: Mr. Chris Mallory ADDRESS: Amherst Homeowners Association - Streetlight Chairman 2707 Amherst Ridge Way Colonial Heights, VA 23834 REQUESTED LOCATIONS: Amherst Oak Lane, vicinity of 16736 Cost to install streetlights: $601.50 POLICY CRITERIA: Intersection: Vehicles Per Day: Petition: Not Qualified Not Qualified, less than 600 Vehicles per Day Qualified Requestor or Staff Comments: None 000020 STREETLIGHT REQUEST Bermuda District Request Received: August 12, 2002 Estimate Requested: August 13, 2002 Estimate Received: October 21,2003 Days Estimate Outstanding: 434 NAME OF REQUESTOR: Mr. Chris Mallory ADDRESS: Amherst Homeowners Association - Streetlight Chairman 2707 Amherst Ridge Way Colonial Heights, VA 23834 REQUESTED LOCATIONS: Amherst Ridge Loop, vicinity of 2702 Cost to install streetlights: $617.41 POLICY CRITERIA: Intersection: Vehicles Per Day: Petition: Qualified Not Qualified, less than 600 Vehicles per Day Qualified Requestor or Staff Comments: None 00002 1 Street Light Request Map November 11, 2003 / / / PINE FOREST DR This map is a copyrighted product of the Chesterfield County GIS Office. Street Light Legend e existing light · requested light 810 4O5 N This map shows citizen requested streetlight installations in relation to existing streetlights. Existing streetlight information was obtained from the Chesterfield County Environmental Engineering Department. 810 Feet 000022 STREETLIGHT REQUEST Bermuda District Request Received: January 31,2002 Estimate Received: October 16, 2003 Estimate Requested: January 31,2002 Days Estimate Outstanding: 623 NAME OF REQUESTOR: Mr. Dean E. Hawkins ADDRESS: 5741 Elfinwood Road Chester, Virginia 23831 REQUESTED LOCATIONS: Intersection of Harrowgate Road and Tarris Lane, northwest corner Cost to install streetlights: $202.32 POLICY CRITERIA: Intersection: Vehicles Per Day: Petition: Qualified Qualified Qualified Requestor or Staff Comments: None 000023 Street Light Request Map November 1 l, 2003 This map is a copyrighted product of the Chesterfield County GIS Office. Street Light Legend e existing light · requested light N This map shows citizen requested streetlight installations in relation to existing streetlights. Existing streetlight information was obtained from the Chesterfield County Environmental Engineering Department. 570 285 570 Feet 000024 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 12, 2003 Item Number: 10.C.1. Subject: Resolution Recognizing Mr. Dave Roever for Outstanding Public Service County Administrator's Comments: County Administrator: Board Action Requested: Mr. Warren requested that the following resolution be adopted. Summary of Information: This resolution is to recognize Mr. Dave Roever for his outstanding public service and for his work with many programs on behalf of the children of Vietnam. Preparer: Donald J. Kappel Title: Director, Public Affairs Attachments: Ycs --[ No #000025 RECOGNIZING MR. DAVE ROEVER FOR OUTSTANDING PUBLIC SERVICE WHEREAS, Mr. Dave Roever was drafted during the Vietnam conflict, and served as a river boat gunner in the U.S. Navy's elite Brown Water Black Beret unit; and WHEREAS, Mr. Roever was grievously injured when a phosphorous grenade he was prepared to throw exploded in his hand; and WHEREAS, Mr. Roever was initially not expected to survive, and was hospitalized for 14 months; and WHEREAS, Mr. Roever subsequently underwent 15 major surgical procedures to treat his injuries; and WHEREAS, Mr. Roever, like his father before him, has since devoted his life to preaching the Gospel; and WHEREAS, Mr. Roever brings word of the Gospel to people, especially youths, across the United States, and has developed many programs on behalf of the children of Vietnam, providing food, shelter, clothing, emergency relief supplies, medical supplies and equipment, day care centers, scholarships and other programs in Vietnam; and WHEREAS, Mr. Roever uses his war experiences to deliver messages of hope; and WHEREAS, Mr. Roever talks with young people and others about issues such as loneliness, peer pressure, disfigurement and pain; about relationships, drug and alcohol abuse, drinking and driving, teen pregnancy, suicide and low-esteem; and WHEREAS, Mr. Roever has founded two non-profit organizations and is the author of three books; and WHEREAS, Mr. Roever is married and has two adult children who also work in full-time ministry, and also four grandchildren; and WHEREAS, Mr. Roever's life story is one of inspiration and commitment; and WHEREAS, it is fitting to recognize such courage, dedication and selflessness. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the outstanding public service of Mr. Dave Roever, extends, on behalf of the citizens of Chesterfield County, its appreciation for his sustained and selfless service to others, and wishes him continued success in all his endeavors. OOO026 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meeting Date: November 12, 2003 Item Number: 10.C.l.b. Subject: Resolution Recognizing Mr. Johnny Oates and Supporting the Naming of the Bird High School Baseball Field County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to adopt the attached resolution and support the action of the School Board naming the Bird High School Varsity Baseball Field after Mr. Johnny Oates. Summary of Information: This resolution is in recognition of Mr. Johnny Oates' professional accomplishments in the game of baseball and for his sportsmanship and dedication to the game. Preparer: Michael S. Golden Title: Director, Parks and Recreation Attachments: Yes ~ No RECOGNIZING MR. JOHNNY OATES BY NAMING THE VARSITY BASEBALL FIELD AT L.C. BIRD HIGH SCHOOL IN HIS HONOR WHEREAS, Mr. Johnny Oates is a resident of the Matoaca District of Chesterfield County; and WHEREAS, Mr. Oates has spent 34 years as a player, coach and manager in professional baseball, which includes time spent with the Atlanta Braves, the Los Angeles Dodgers, the Philadelphia Phillies, the Baltimore Orioles and the Texas Rangers; and WHEREAS, upon his retirement from coaching and despite his challenges of ill health, Mr. Oates took an active interest in the baseball program at L C Bird High School; and ' ' WHEREAS, in all these endeavors, his strength, demeanor, integrity and good humor in the face of adversity has been an inspiration to all citizens of Chesterfield County; and WHEREAS, in today's world with all its challenges, it is more important than ever for our young people to have positive role models in their lives. and ' WHEREAS, it is especially rewarding and meaningful for the students of Chesterfield County Schools to have such a strong and positive role model who is also a local resident whom they know and with whom they can readily identify; and WHEREAS, the Chesterfield County School Board at their October 28, 2003 meeting, approved the naming of the L.C. Bird High School Baseball field in Mr. Oates' honor; and WHEREAS, Chesterfield County acknowledges the accomplishments of Mr. Johnny Oates as a former athlete, coach and as a man of enduring strength, character and faith. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors expresses its appreciation to Mr. Johnny Oates for his excellent representation of Chesterfield County and urges all Chesterfield County residents to honor his accomplishments, including his fine examples of sportsmanship, citizenship and strength, while visiting the Johnny Oates Varsity Baseball Field at L.C. Bird High School. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meeting Date: November 12, 2003 Item Number: 10.C.l.c. Subiect: Resolution Recognizing Mr. Eddie N. Moore, Jr., President of Virginia State University for Ten Years of Outstanding Service County Administrator's Comments: County Administrator: Board Action Requested: Mrs. Humphrey requested that the following resolution be adopted. Summary of Information: This resolution is to recognize President Eddie N. Moore, Jr., congratulate him on a decade of success at Virginia State, and thank him for his outstanding service. Preparer: Donald J. Kappel Title: Director, Public Affairs Attachments: ~'~No RECOGNIZING MR. EDDIE N. MOORE, JR., PRESIDENT OF VIRGINIA STATE UNIVERSITY FOR TEN YEARS OF OUTSTANDING SERVICE WHEREAS, on June 1, 1993, Mr. Eddie N. Moore, Jr. assumed the position as the 12tn president of Virginia State University (VSU), bringing to the university a wealth of administrative and fiscal management experience gained both in the public and private sectors; and WHEREAS, the university has enjoyed a period of unprecedented growth amid a student-focused approach to university management; and WHEREAS, during the Moore years, VSU has also experienced tremendous growth in its financial resources, due in part to strengthened relationships with Chesterfield County and neigP~oring localities, state and federal officials, as well as enhanced support from business, industry and alumni; and WHEREAS, private support for scholarships has increased from $83,000 in 1993 to $1.6 million; and WHEREAS, the Moore administration has added five new academic programs at Virginia State University and those programs include Computer Engineering, Computer Science, Criminal Justice, Manufacturing Engineering and Mass Communications; and WHEREAS, the latest addition to the university's degree program mix is a doctoral degree in Educational Administration and Supervision; and WHEREAS, the addition of these new programs is a first for the university in more than 20 years. WHEREAS, President Moore has shepherded to complete more than $120 million in capital improvements to the campus, located in Chesterfield County, and with continuing support from the leadership of Chesterfield County, Mr. Lane Ramsey and Mrs. Renny Humphrey and its Board of Supervisors, the university is entering a new and exciting era with the current construction of the University Apartments at Ettrick, a state-of-the-art apartment living complex; and WHEREAS, the university exceeded its original capital campaign goal of $10 million and raised $11.6 million within the decade; and WHEREAS, with Chesterfield County officials working side by side with President Moore, this campaign increased endowments or student scholarships, faculty chairs, centers for excellence and capital improvements, and the institution's endowment has grown eightfold, to $8 million; further proving that the Moore administration has provided continued growth and prosperity for Virginia State University; and WHEREAS, President Moore has embraced the concept of strengthening relationships with neighboring counties and recognizes the importance of nurturing this partnership with Chesterfield County to enhance the academic offerings at Virginia State University. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes President Eddie N. Moore, Jr., congratulates him on a decade of success at Virginia State, thanks him for his outstanding service, and wishes him and Virginia State University continued success. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meetin~ Date: November 12, 2003 Item Number: IO.C.2. Subject: Revise FY2004 School Grants Fund Appropriations County Administrator's Comments: County Administrator: Board Action Requested: The School Board requests the Board of Supervisors to decrease the School Grants Fund by $223,320 in the following appropriation categories: Instruction reduced by $283,220, and increase Pupil Transportation by $59,900. Summary of Information: Chesterfield County Public Schools (CCPS) receives grants from various funding sources each year. The School Board's FY2004 Approved Annual Financial Plan included an appropriation of $19,778,400 and 327.8 full-time equivalent positions in the School Grants Fund. Federal funding was not received for one budgeted grant, Reading Excellence; therefore, the grants fund needs to be reduced by this amount ($343,800). In addition, the school division applied for other grants during the year that will be used to enhance the current instructional program. CCPS staff has received awards for five (5) new grants for FY2004. These revisions, including several changes to budgeted grants, require Board of Supervisors approval. The total decrease to school appropriations is $223,320 with an increase of 29.9 FTE. Attachment A reflects the FY2004 approved budget for grants compared to actual grant awards received. Below is a brief description for the five new grants. Preparer: Billy K. Cannaday, Jr.1 Ed.D. Title: Superintendent Attachments: Yes ~ No O000Z? CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Teachinq American History Grant was awarded to CCPS from the U. S. Department of Education in the amount of $675,694, effective from October 1, 2003 to September 30, 2006. The FY2004 allocation is $215,077. Chesterfield was one of nine school divisions in the Commonwealth, and the only one in the Richmond metro-area, to receive this grant. Chesterfield schools will partner with the Virginia Historical Society to improve sixth, seventh, and 11th grade U.S. history teachers' understanding and appreciation for American history through professional development opportunities. During each year, teachers will take part in seminars and a summer institute to not only study Virginia history, but the Civil War and Reconstruction, the Depression and the New Deal, the Civil Rights Movement and post Y2K. More than 120 teachers will participate in this program over the three-year period. Title VI Innovative Education-Project Graduation in the amount of $70,000 was awarded to CCPS September 23, 2003 by the State Department of Education. Federal funds have been awarded to provide a pilot program for high school juniors who failed the Standards of Learning (SOL) Reading, Literature and Research test. At the Governor's request, CCPS, The Princeton Review and the State Department of Education helped develop an online tutorial to improve the students' chances of passing the exam on the next try. These seniors have free access to the tutorial through this pilot program on the Princeton Review. The tutorial provides online lessons and practice exercises after identifying the areas in which they need the most help. When the pilot ends, the tutorial will be evaluated and access will be expanded to students statewide. From Chesterfield to the Chesapeake: Teachinq the Watershed Grant for $27,297 was awarded to CCPS from the U. S. Department of Commerce National Oceanic and Atmospheric Administration on July 29, 2003. In collaboration with Friends of Chesterfield's Riverfront and the Virginia Cooperative Extension Service, teachers will be provided with training and financial resources to construct site-based "bioscapes" at each of the 12 CCPS middle schools. Funds will be used to provide substitutes and supplements for 36 middle school science teachers to attend four intensive trainings in teaching the new and revised water resource and watershed related SOLs. John Randolph Foundation for Health Occupations Grant was awarded to the Chesterfield Technical Center through a letter of agreement dated May 31, 2003 in the amount of $6,000. This grant is to be used to assist with the purchasing of simulation biomedical monitoring and testing equipment for the Health Occupations curriculum at the Chesterfield Technical Center. Title IVe Comprehensive Services Partner - CCPS received notification from the County Department of Social Services of available funding in the amount of $37,100 to assist with special need students who attend a private day school. A bus driver and special education transportation aide are needed to provide special transportation and behavioral support to CCPS students in this type of placement. These at-risk students require adult supervision throughout their school day, including the time they spend on the bus. This is a much less expensive alternative to a residential setting for these students. These positions are to be funded through an agreement with the County Department of Social Services. 0000; $ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: November 12, 2003 Budget and Management Comments: This item requests the Board to approve a net decrease in the School Grants Fund of $223,320 (reduction of $283,200 in Instruction and increase of $59,900 in Pupil Transportation) to reflect the appropriate dollar amounts per approved grant agreements for FY2004. Included in these revisions is the addition of five new grants, which have been described in the summary of information. At the time the FY2004 School Grants budget was adopted, positions were not created or allocated and tied to specific grants. Since these grants have been approved, these adjustments also include the creation of 29.9 additional full time equivalent (FTE) positions as noted in Attachment A. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 000029 Attachment A Pa~e 1 FY04 SCHOOL BOARD GRANT REVISIONS Increase Grant Title FY04 Approved FY04 Award (Decrease) FTE Federal Grants Special Education IDEA 8,300,000 8,177,829 -122,171 12.3 Special Education Preschool 250,000 244,475 -5,525 0.0 Carl Perkins 600,000 577,286 -22,714 0.0 Title I 3,933,000 3,728,196 -204,804 11.6 Title II - Part A 400,000 400,000 0 0.0 Title II - Class Size Reduction 950,000 998,018 48,018 3.0 Title II VAEL/ClVICS 75,000 74,403 -597 0.0 Title VI Innovative Education 225,000 212,978 -12,022 0.0 Title VI - Project Graduation 0 70,000 70,000 0.0 Headstart 1,250,000 1,223,113 -26,887 1.8 Interpreter Training 7,500 0 -7,500 0.0 Drug Free Schools 204,200 211,748 7,548 0.0 Harrowgate Conflict Resolution 5,000 5,000 0 0.0 High Schools that Work 11,000 7,500 -3,500 0.0 Manchester Community Service 8,000 8,000 0 0.0 Thomas Dale Community Service 8,000 8,000 0 0.0 SLIVER Grant 85,000 103,063 18,063 0.0 Reading Excellence Grant 343,800 0 -343,800 -1.8 Limited English Proficiency 75,000 162,610 87,610 1.0 Title II Part D Technology 120,000 110,377 -9,623 0.0 Jobs for Virginia Graduates 20,000 9,000 -11,000 0.0 Teaching American History (Title V) 0 215,077 215,077 0.0 Chesterfield Community HS 0 53,644 53,644 0.0 Charter Grant Sub-Total Federal 16,870,500 16,600,317 -270,183 27.9 State Grants ISAEP 50,000 47,152 -2,848 0.0 Gov.'s Technology Initiative 1,610,000 1,584,000 -26,000 0.0 Dropout Prevention/Student 294,600 294,614 14 0.0 Achievement Grant Sub-Total State 1,954,600 1,925,766 -28,834 0.0 0000.30 Attachment A Pa~e 2 FY04 Increase Approved FY04 Award (Decrease) FTE Local Grants Truancy Reduction 163,900 163,900 0 0.0 Jobs for Virginia Graduates 68,900 79,900 11,000 0.0 Dropout Prevention 54,000 54,000 0 0.0 High Schools That Work 5,000 5,000 0 0.0 Capital One Vocational 75,000 75,000 0 0.0 Bensley Extended Day (CDBG) 8,500 8,000 -500 0.0 Falling Creek Elementary After- 6,000 0 -6,000 0.0 School (CDBG) Chalkley Elementary After-School 0 6,000 6,000 0.0 (CDBG) Chesterfield to Chesapeake 0 27,297 27,297 0.0 John Randolph Foundation/Tech Cntr 0 6,000 6,000 0.0 Title Vie CSA w/Cty Social Services 0 37,100 37,100 2.0 Gov.'s Technology Initiative 322,000 316,800 -5,200 0.0 Grant Administration 250,000 250,000 0 0.0 Sub-Total Local 953,300 1,028,997 75,697 2.0 TOTALS 119,778,4oo I 19,555,080 I '223,320 I 29.9 I 0000.31 VIRGINIA: At a regular meeting of the Chesterfield County School Board held Tuesday evening, October 28, 2003, at seven-thirty o'clock in the Public Meeting Room at the Chesterfield County Courthouse Complex PRESENT: Elizabeth B. Davis, Chairman Lloyd A. Lenhart, Vice-Chairman Dianne E. Pettitt James R. Schroeder, D.D.S. Marshall W. Trammell, Jr. RESOLUTION On motion of Mrs. Pettitt, seconded by Mr. Trammell, the School Board requests the Board of Supervisors to approve a decrease of $283,220 to the Instruction appropriation category for the following grants: Grant Title Funding Source Amount Special Education IDEA Preschool Handicapped Special Ed SLIVER Carl Perkins Vocational Education Meadowbrook High Schools That Work Title I Title II-Class Size Reduction Title II-Part D Technology Title II VAEL/CIVICS Limited English Proficiency Title VI Title VI Project Graduation Headstart Interpreter Training Drug Free Schools Jobs for VA Graduates Reading Excellence Grant Chesterfield Community HS Charter Grant Teaching American History Sub-total Federal Federal IDEA Federal IDEA Federal IDEA Federal Perkins Federal Perkins Federal Title I Federal Title II Federal Title II Federal Title II Federal Title III Federal Title VI Federal Title VI Federal Headstart Federal Special Ed Federal Drug Free Federal Jobs Federal REA Federal Charter Federal Title V 122,171 -5.525 18.063 -22 714 -3 500 -204.804 48.018 -9.623 -597 87,610 -12,022 70,000 -66,787 -7,500 7,548 -11,000 -343,800 53,644 215,077 -310,083 000032 ISAEP Dropout Prevention Governor's Technology Initiative Sub-total State State -2,848 State 14 State -26,000 -28,834 Jobs for Virginia Graduates Chesterfield to Chesapeake John Randolph Foundation Title Vie CSA w/County Social Services Governor's Technology Initiative Bensley Tutorial Grant Chalkley After School Falling Creek Elementary REAL Sub-total Local Local/Transfer 11,000 Local/Donation 27,297 Local/Donation 6,000 Local/Transfer 17,100 Local/Transfer -5,200 Local/CDBG -500 Local/CDBG 6,000 LocaI/CDBG -6,000 55,697 Total Decrease to Instruction appropriation category -$283,220 And, increase the Pupil Transportation appropriation category by $59,900 ($39,900 Headstart and $20,000 Title Vie CSA with County Social Services) for a total decrease to the School Grants Fund of $223,320. Carol Timpano, School Board Cl~~er 000033 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meeting Date: November 12, 2003 Item Number: 10.C.3. Subiect: Appropriation of Federal Title IV-E Funds and Creation of a New Position in the Department of Social Services for an Eligibility Worker to Assist Limited English Speaking Citizens County Administrator's Comments: /'-~~d ,,/~,d"6'-'~ County Administrator: Board Action Requested:The Board of Supervisors is requested to appropriate $24,200 in Federal Title IV-E funds and create a new position for an Eligibility Worker in the Department of Social Services to assist limited English speaking citizens. Summary of Information: In response to the recent reduction in services offered by the Chesterfield County Health Department and the elimination of the community clinic at Bensley Elementary School, the new Eligibility Worker will work in targeted communities to assist limited English speaking families in applying for medical insurance and to connect these families with private health care providers. Social Services staff will partner with both Bon Secours and Johnston Willis Hospitals to enlist their operational support. The new Social Worker will make referrals to community and county services and schedule classes and needed programs in areas including, but not limited to, prenatal health care, quality child care assessment, women's health, and parenting education. The Eligibility Worker will also recruit volunteers to help with these activities. Communities targeted for these services include Meadowdale, Falling Creek, Amphill, Bensley and the Bellwood areas of Chesterfield County. These are communities where Census 2000 data indicated a large number of Hispanics and other limited English-speaking residents. Preparer: Sarah Snead Attachments: ~-] Yes Title: Director, Department of Social Services No # 000034 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Meeting Date: November 12, 2003 Summary of Information Continued: The Eligibility Worker will also be a resource for the medical community by providing cultural competence training and cultural information on different populations. There has been a large increase in the number of Hispanic families moving into Chesterfield County over the past few years and the language barrier has presented problems for them in accessing county and community services. This new position will address the special needs of this population. 000035 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: November 12, 2003 Budget & Management Comments: This item requests that the Board of Supervisors create a new position in the Department of Social Services for an Eligibility Worker to assist limited English Speaking citizens. The total FY2004 annual cost for the position is $51,400, which includes benefits. Assuming that the position will be filled as quickly as possible after Board approval, the cost for the remainder of FY2004 is $24,200. Funding is available in federal Title IV-E pass through dollars for FY2004 and is expected to continue to be available in future years to fully fund the position and program. The program and the new position are contingent upon this continued funding. Future appropriations will be addressed as part of the budget process. Preparer: RebeccaT. Dickson Title: Director, Budget & Manaqement 000036 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 12, 2003 Subject: State Road Acceptance Item Number: 10.C.4. County Administrator',s Comments: County Administrator: Board Action Requested: Summary of Information: Bermuda: Chester Village Green Access Roads Matoaca: Bayhill Pointe, Section 13 Birkdale, Section 15 Cloverhill Estates, Section 1 Foxfire, Section 2 Foxfire, Section 3 Foxfire, Section 4 Midlothian: Bransford Coalbrook at the Grove, Section 3 Preparer: Richard M. McElfish Title: Director, Environmental Engineering Attachments: Yes No OO0037 TO: Bond of Su~tvb~ ~O~ n~mn~nt ofRavimnn,n~ ~ SUgJ~CT: S'~atc Road Acceptnncc - CIH~TF.R VIIZAGE GRREN A(3CF. SS ROADS i~STRICT: BRRMUDA MEEIqNG DATE: 12 No~:nd~ 2003 Vicinity Map:. ~ Vlf.IA~R GR~ ACCESS ROADS 000038 MI{Z'I'ING DA'Fl{: 12 Novcn4~ 2003 ROAI~ FOR CON~DERATION: OOO039 I~STRIC'T:. MATOACA MI~"rlNO DATE~ 12 Na~mbor 2003 ROAI~ I:OR ~ERATION: 000040 h~ZT~G I~.'Z~: 12 NoYm:bcr 2003 itOAi~ FOR 00004~. Id~'~TING I~AT~: 12 Nov~mb~ 2003 FOR CONglD~TION: 000042 000043 000044 000045 MEETING DATE: 12 Nmm:ndm~ 2003 ROAI~ I~R Vk~ity Map:. COAL~ROOK ATTN~ G~OV~ ~. 3 000046 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: November 12, 2003 Item Number: Io.C.5.a. Subiect: Set Public Hearing Date to Consider a Third Amendment to the FBO Services and Lease Agreement with Dominion Aviation Services, Incorporated County Administrator's Comments: County Administrator: Board Action Requested: Staff requests that the Board set a public hearing date of December 17, 2003 to consider a third amendment to the FBO Services and Lease Agreement with Dominion Aviation Services, Incorporated. Summary of Information' The county entered into an FBO Services and Lease Agreement with Dominion Aviation Services, Inc. in 1991. When county airport staff re-located to offices in the new terminal building, the two (2) original offices became available for rental purposes. Dominion Aviation Services has requested to rent the vacant offices for $350.00 per month. Staff recommends approval. Preparer: Francis M. Pitaro Title: Director Department of General Services Attachment s: [~] Yes No 000047 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: November 12, 2003 Item Number: 10.C.5.b. Subiect: Set a Public Hearing Date to Consider the Conveyance of Leases of Real Property at Various Park Sites and Athletic Complexes for Operation of Food Concessions by Co-sponsored Athletic Associations and Leagues County Administrator's Comments: ~__~~ ~ ~ /?, County Administrator: Board Action Requested: The Board of Supervisors is requested to set a public hearing date of December 17, 2003, to consider the conveyance of leases of real property for operation of food concessions at various park sites. Summary of Information: In the past, the concession facilities have normally been operated by co- sponsored athletic associations or leagues that use the adjoining ball fields. Attached is a list of current concession facilities and leaseholders, as well as a request from Bellwood Athletic Association to operate the concession building at Bensley Park since the previous leaseholder, Bensley Athletic Association, is no longer in existence. All current leaseholders have expressed an interest in renewing their respective leases with the County. The term of the new leases will be January 1, 2004 - December 31, 2006. Preparer: Michael S. Golden Title: Director1 Parks and Recreation Attachments: Yes ~ No 00004S CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 LONG TERM CONCESSION FACILITY LOCATIONS LEASE EXPIRATION: DECEMBER 31, 2003 LOCATION LEASEHOLDER Bensley Park Bird Athletic Complex Chalkley Elementary School Ettrick Park Goyne Park Harrowgate Park Iron Bridge Park Iron Bridge Park Iron Bridge Park R. Garland Dodd at Point of Rocks Park Manchester High School Matoaca Park Rockwood Park Robious Athletic Complex Woodlake Athletic Complex Warbro Complex Bellwood Athletic Association (requestor) Chesterfield Youth Softball Association Chalkley Athletic Association Ettrick Youth Sports Association Chester Youth Sports Booster, Inc. Harrowgate Athletic Association Central Chesterfield Little League Chesterfield Baseball Clubs, Inc. Chesterfield Softball Association Enon Athletic Association Chesterfield Little League Matoaca Athletic Association Chesterfield Baseball Clubs, Inc. Huguenot Little League Midlothian Youth Soccer League Chesterfield Softball Association 000049 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: November 12, 2003 Item Number: 10.C.5.c. Subiect: Set Public Hearing to Amend the Zoning Ordinance Relative to Increasing Fines for Violations Governed by Civil Penalties County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends the Board set a public hearing for December 17, 2003, for an amendment to the Zoning Ordinance relative to an increase in fines for violations governed by civil penalties. Summary of Information' The Board of Supervisors directed the Planning Commission to consider a change in the Code of Virginia relative to civil penalties for zoning violations and to determine if a zoning ordinance amendment is needed. No action was mandated by this legislation. On October 21, 2003 the Planning Commission held their public hearing on the amendment shown in Attachment A. This amendment will bring the zoning ordinance in line with the changes in the Code of Virginia. The Commission recommended that the amendment be approved. Section 15.2-2209 of the Code of Virginia was amended to allow an increase in fines for violations of the zoning ordinance governed by civil penalties. A comparison between the current zoning ordinance fines and the new state maximum fines is listed below: Preparer: Thomas E. Jacobson Title: Director of Planninq C:DATA/AG EN DA/2003/NOVl 2/FINEINCREASE/gok Attachments: Yes ~ No #000050 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 CIVIL PENALTY COMPARISON Item Zoning st&re maximum ordin&nce Initial summons violation) $100 $100 Additional summons $150 $250 (subsequent violations) Cumulative total $3000 $5000, Most zoning violations are governed by criminal penalties. Only certain businesses from the home and violations of hours of operation and noise standards are governed by civil penalties. 00005~ ATTACHMENT A AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-6 RELATING TO CIVIL PENALTIES AND PROVIDING FOR A PENALTY BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-6 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-6. Civil penalties for certain violations. (a) Any violation of the following provisions shall be punishable by a civil penalty of not more than $100.00 for the initial summons and not more than $150.00 250.00 for each additional summon s: (1) Operation of a business that is not a home occupation, on a lot or parcel inside or outside of a dwelling unit or accessory building, in any R, R-TH, R-MF or A district, without a special exception or conditional use. (2) Violation of any condition of zoning and development approvals and substantial accord approvals for which a public hearing does not occur that relates to the hours of operation of the use of land or that relates to reduction or control of noise from the use of land. (b) Each day during which any violation of subsection (a) exists shall constitute a separate violation. However, in no event shall any such violation arising from the same set of operative facts be charged more frequently than once in any ten-day period, nor shall a series of such violations arising from the same set of operative facts result in civil penalties which exceed a total of $3,999.99 5,000.00. (c) The designation of a particular violation of this section as an infraction pursuant to subsection (a) shall be in lieu of criminal sanctions, and except for any violation resulting in injury to any person or persons, such designation shall preclude the prosecution of a violation as a criminal misdemeanor. (d) The director of planning shall cause one copy of a summons to be personally served upon persons violating the provisions of subsection (a). (e) Such summons shall contain the following information: (1) The name and address of the person charged. (2) The nature of the infraction and the ordinance provision(s) being violated. 1923:62858.1 000052 ATTACHMENT A (3) The location, date and time that the infraction occurred or was observed. (4) The amount of the civil penalty assessed for the infraction. (5) The manner, location and time in which the civil penalty may be paid to the county. (6) The right of the recipient of the summons to elect to stand trial for the infraction and the date for such trial. (f) The summons shall provide that any person summoned for a violation may elect to pay the civil penalty by making an appearance in person or in writing by mail to the county treasurer at least 72 hours prior to the time and date fixed for trial and, by such appearance, may enter a waiver of trial, admit liability and pay the civil penalty established for the offense charged. Such summons shall provide that a signature to an admission of liability shall have the same force and effect as a judgment of court. However, an admission shall not be deemed a criminal conviction for any purpose. (g) If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided by law or equity and it shall be the county's burden to prove the violator's liability by a preponderance of the evidence. A finding of liability shall not be deemed a criminal conviction for any purpose. (h) The remedies provided for in this section are cumulative and not exclusive and shall be in addition to any other remedies provided by law or equity. (2) That this ordinance shall become effective immediately upon adoption. 1923:62858.1 00005;3 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: November 12, 2003 Item Number: 10.C.5.d. Subject: Set Date for a Public Hearing to Consider the Appropriation of Funds Received from the Department of Medical Assistance Services and Authorization to Execute Related Documents County Administrator's Comments: ~_c~ /~~~ County Administrator: ~ Board Action Requested: To hold a public hearing on November 25, 2003 to consider the appropriation not to exceed $12,000,000 from the Department of Medical Assistance Services and authorize the County Administrator to execute documents and complete the transaction. Summary of Information: Lucy Corr Nursing Home, like virtually all other public and private nursing home facilities, receives a large percentage of its revenue form the federal Medicaid program. In Virginia the Department of Medical Assistance Services (DMAS) administers the Medicaid program pursuant to the Virginia State Medicaid Plan. Under the program, whenever Lucy Corr provides Medicaid- eligible services, it receives Medicaid reimbursement from DMAS. For years, DMAS has reimbursed Lucy Corr based on an established reimbursement schedule. In turn, the federal government reimburses DM_AS. Last year, the Commonwealth realized that it was eligible under federal regulations to receive a large reimbursement amount. In order to recover this additional reimbursement, Medicaid regulations require DMAS to make enhanced payments in a lump sum to a public nursing home provider like Preparer: Bradford S. Hammer Title: Deputy County Administrator Attachments: -] Yes No # 0000S4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Lucy Corr. On June 24, 2001, the Commonwealth amended the Virginia State Medicaid Plan to permit recovery of enhanced payments. The Commonwealth has planned and the Health Care Financing Administration has authorized, transactions, which for the County will consider the appropriation not to exceed $12,000,000. Under the plan, participating localities will borrow respective shares of the Statewide total. The borrowed funds will be transferred to a state account, then returned to the local account and used to repay the loans. In addition, the Commonwealth will pay an incentive fee of about 2.5% of the transaction amount, and pay an amount to cover transaction costs, to the locality. For this transaction the incentive fee is estimated to total $180,000 - $250,000. Because this money will have to be appropriated and the amount will exceed $500,000 a public hearing is required by law. The transaction is scheduled for December 6, 2003. 000055 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 1 Meetin~l Date: November 12, 2003 Item Number: ~{).C.6. Subiect: Adoption of the 2004 Legislative Program County Administrator's Comments: County Administrator: Board Action Requested: Adopt the 2004 Legislative Program Summary of Information: Staff requests the Board to adopt the 2004 Legislative Program presented at the October 22, 2003 work session, amended as requested by the Board at that work session. Preparer: Mary Ann Curtin Title: Director of Interqovernmental Relations Attachments: Yc$ ----]No 00O056 0 r~ 0 r~ 0 0 >. 0 Z 00Oo$? '~ 0 ~ 0 0 000058 000059 o = '~ o~ = 000060 000061 00006~ 000063 000064 00006,5 000066 oOOO6'7 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 12, 2003 Item Number: i0.C.7.a. Subiect: Request Permission to Install a Private Sewer Service Within a Private Easement to Serve Property at 13322 Inge Road County Administrator's Comments= j/~ ~~~/ /~~o~ County Administrator: Board Action Requested: Grant David E. Call and Pamela B. Call permission to install a private sewer service within a private easement and authorize the County Administrator to execute the sewer connection agreement. Summary of Information: David E. Call and Pamela B. Call have requested permission to install a private sewer service within a private easement to serve property at 13322 Inge Road. This request has been reviewed by staff and approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Riqht of Way Manaqer Attachments: ~']No 000068 VICINITY SKETCH REQUEST PERMISSION TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY AT 13322 INGE ROAD & SCHOONER DR 9. BUCC, MIEER DR 10. W HARBOUR DR 11. FISHERMAN DR 12. HARBOUR EAST DR AV N Chesterfield County Department of Utllitle~ Right Of Way Office 000069 / .'FIRST VIRGINIA BANK-COLONIAL EXISTING 16 SE.V~_,R_ EASEMENT I~.~,~-~ T___.~ ~_~. o~.~.,,, w =~.,~ -~- ........ ~-~:=*...~, ~--.----- -- ........ s ~o. OO' ~ ~'~ ~% ~ ~.~.. ~c~s ' ~ - - ~'~'~* ~'- ~ . i // F 'll % ~ / / . IYI ~ ~' ~ /~' ,.~~ ~~ ,_ _ P -~1~~ ~ , ~ ' PIPE ~. PLA T SHO ~ING A ~0' PRIVATE SEWER EAEEME~~ ~0' TEMPORARY CONSTRUCTION EAEEME~S ACROSS FIRST VIRGINIA BANK COLONIAL JOB NO. 14627 SCALE: 1"=60 FEET 0 30 60 120 BASELINE LAND SURVEYING 804-751-6179 2429 LANTER LANE CHESTER. VIRGINIA DATE: OCTOBER 13, 2003 SCALE: 1',,, 60' DRAI4~I BY: SLB CHECKED BY: CALC. CHK.: SLB JOB NO.: 15879 OOO070 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 12, 2003 Item Number: IO.C.7.b. Subiect: Request Permission to Install a Private Water Service Within a Private Easement to Serve Property at 1601 Cole Street County Administrator's Comments: County Administrator: Board Action Requested: Grant Violet G. Peaks permission to install a private water service within a private easement and authorize the County Administrator to execute the water connection agreement. Summary of Information: Violet G. Peaks has requested permission to install a private water service within a private easement to serve property at 1601 Cole Street. This request has been reviewed by staff and approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Ri.qht of Way Manaqer Attachments: Ycs [No 000071 , , 'VICINITY SKETCH REQUEST PERMISSION TO INSTALL A PRIVATE WATER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY AT 1601 COLE STREET Z nl Z STATE AV Chesterfield County Department of Utilities Right Of Way Office CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 12, 2003 Item Number: IO.C.8.a. Subiect: Acceptance of a Parcel of Land Along the West Right of Way Line of Turner Road from CD Restaurants, Incorporated County Administrator's Comments: t'~c_~ /'~~ County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.017 acres from CD Restaurants, Inc. and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.017 acres along the west right of way line of Turner Road (State Route 650). This dedication is for the development of Captain D's. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Ri.qht of Way Mana.qer Attachments: Ycs --]No 000078 VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ALONG THE WEST RIGHT OF WAY LINE OF TURNER ROAD FROM CD RESTAURANTS, INC. N NOTE: THIS PLAT WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND IS SUBJECT TO INFORMATION WHICH MAY BE DISCLOSED BY SUCH. NOT ALL EASEMENTS AND NO IMPROVEMENTS SHOWN. EASEMENT TIES ARE REPRESENTED WITHIN PARENTHESIS. MID/.OZ'HIAN TURNPIKE- RTE.. I 60' PUSL/C IL~ I,;.e,7'la'~l"~ 127.48 il.2 1..;21',~4'50'~ 120.22 6O ~/U: ~e2- ~Oe- ~-O0000 16' SEWER ESMT. D.B. 1231, PG. 354. 725 S? · N $. 706.669.94 ICHK: OFF' I I CALC: BCH I I 0.017 AC ~1 $,706,$74.58 t~ ...... I I, 762, I57.$7\ .... T ;4.90'-' ! N7¢~ ~.~' I ~ ~ 3. 706. 402.35 · ~ I 1,7~2,27~.05 I ~EOR~E MC~ MCCLEL~N, // CP/~' 762- 706-20J2-00000 D.~. 200~, P~. I I~5 I00 ~URNER RD. PLAT SHOlflNG A O.Ot7 ACRE PARCEL OF LAND TO BE DEDICATED TO THE COUNTY OF CHEST~RFIEI~ MIDLOTHIAN DISTRICT IDRW: BCH I CHESTERFIELD COUNTY, VIRGINIA DATE: AUG. 6, 2003 SCALE: 1 "=30' JOB NO: H0200151,00 . PLANNER8 * ARCHITECT8 * ENGINEER8 · 8URVEYOR8 1208 Oorporate C4role*Ro~, Virginia 24018 * Phone (540) 772-9680 · Fax (640) 772.-8060 501 Branahway Road · SUite 100 oRlahrnond, Vlqlb'da 23236 oPhor-,e (804) 794-0671 .Fax (804) 794.-2635 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 12, 2003 Item Number: J0..C.8.b. Subiect: Acceptance of a Parcel of Land for the Relocation of a Portion of Meadowville Road from Harold G. Peters Limited Family Partnership County Administrator's Comments: //~~~ (~ //~/~od~'~ County Administrator: ~~ Board Action Requested: Accept the conveyance of a parcel of land containing 3.686 acres from Harold G. Peters Limited Family Partnership, and authorize the County Administrator to execute the deed. Summary of Information: This dedication is for relocation of a portion of Meadowville Road through an industrial access project to improve access to the Meadowville Technology Park. Approval is recommended. District: Bermuda Preparer: John W. Harmon Attachments: Title: Ri.qht of Way Manaqer # 000076 VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND FOR THE RELOCATION OF A PORTION OF MEADOWVlLLE ROAD FROM HAROLD G. PETERS LIMITED FAMILY PARTNERSHIP N Right Of Way Olllm 000077 O?9 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 12, 2003 Item Number: II).C.8.c. Subiect: Acceptance of a Parcel of Land for the Relocation of a Portion of Meadowville Road from Industrial Development Authority of the County of Chesterfield County Administrator's Comments: 2~~p~.J County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 1.954 acres from Industrial Development Authority of the County of Chesterfield, and authorize the County Administrator to execute the deed. Summary of Information: This dedication is for relocation of a portion of Meadowville Road through an industrial access project to improve access to the Meadowville Technology Park. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Ri.qht of Way Mana.qer Attachments: Ycs -~No OUO080 VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND FOR THE RELOCATION OF A PORTION OF MEADOWVILLE ROAD FROM INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD N CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 12, 2003 Item Number: 10.C.8.d. Subiect: Acceptance of Parcels of Land for the Relocation of a Portion of Meadowville Road from Meadowville, LLC County Administrator's Comments: ~5~_ ~ ~( County Administrator: BoardAction Requested: Accept the conveyance of two parcels of land containing a total of 5.293 acres from Meadowville, LLC, and authorize the County Administrator to execute the deed. Summary of Information: This dedication is for relocation of a portion of Meadowville Road through an industrial access project to improve access to the Meadowville Technology Park. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Ri,qht of Way Mana,qer Attachments: '~No 000084 VICINITY SKETCH ACCEPTANCE OF PARCELS OF LAND FOR THE RELOCATION OF A PORTION OF MEADOWVILLE ROAD FROM MEADOWVILLE, LLC N Right Of Way Oelee 0 00~$ . , . ~ ~ //// ~. ~. .. ~l~ ~,~/ . ~ . , ~,~ . ~{. ,~ ',~ ~. TIM ""~ '. .... . ~1~1~1~: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 12, 2003 Item Number: 10.C.8.e. Subject: Acceptance of a Parcel of Land for the Meadowville Water Tank Site from Meadowville, LLC County Administrator's Comments= ,~~.l ~ /~~J County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 1.266 acres from Meadowville, LLC, and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 1.266 acres north of Bermuda Hundred Road and east of Interstate 295. This dedication is for the development of the Meadowville Water Tank. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Ri.qht of Way Mana.qer Attachments: -~No # 000089 VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND FOR THE MEADOWVILLE WATER TANK SITE FROM MEADOWVILLE, LLC N Ch#tm'field Courd~ D~partmm'~t of UUIIU~ RIoM Of Way ~ OOO PIN ~822-654-8355-00000 Meadowville, LLC. D.B. 2888, PG. 681 12900 N. ENON CHURCH RD. / '.~ '. EASEMENT ~0' D~INAGE~ 5~ X5 ~SEMENT ~, ~_~ PIN , 822-654-8355-0000 ~ '~ Meodownville, ~C '~ D.B. 2888, Pg. 681 12900 N. Enon Church Rd. N:3651897.60 55141 SQ. FT. 1.266 ACRES [:11822044.93 ~ L=29.69' R=824.9Y ~=02'03'44" ROD (S) C LEN=29.69' ROD (S) BRG=N 11'36'48" 51' . ~ VARIABLE VAR., W/DTNH ACCESS EASEMENT t'-29$ MON. (F) 264. ON LINE PLAT OF EASEMENTS AND PARCEL TO BE ACQUIRED FROM MEADOWVILLE LLC BERMUDA DISTRICT ,,, CHESTERFIELD CO. VIRGINIA 60' O' 60' 180' SCALE: 1"=60' DATE: 9-8-03 ROD (S) ROD (S) VDOT ~ L=229.29' R=884.93' MON. (r) A-- 14'50'45" C LEN=228.~ :2 BRG==N 17'3~ PRECISION MEASUREMENTS, INC. 2116 DABNEY ROAD, SUITE B5 RICHMOND, VIRGINIA 23230 00009: RICHMOND, VIRGINIA 23230/m_ (3 r' ./ 011 r,'l oool~ I~ ~o :> ul VARIABLE WIDTH WATER, SEWER & ACCESS EASEMENT 0.062 ACRE 2673 SQ. FT. PLAT OF EASEMENTS AND PARCEL TO BE ACQUIRED FROM MEADOWVILLE LLC BERMUDA DISTRICT ,-, CHESTERFIELD CO. VIRGINIA 60' O' 60' 1~0' ,00'09 ~ ,00'09 S 19'26'36" E 66.25' L2 I N 69'43'28" W 46.14' SCALE: 1"=60' DATE: 9-8-03 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 12, 2003 Item Number: 10.C.8.f. Subiect: Acceptance of a Parcel of Land Along the North Right of Way Line of Old Bermuda Hundred Road from Miles and Wells County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.133 acres along the north right of way line of Old Bermuda Hundred Road (State Route 618) from Miles and Wells, and authorize the County Administrator to execute the deed. Summary of Information: It is the policy of the county to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease the right of way costs for road improvements when constructed. District: Bermuda Preparer: John W. Harmon Title: Ri.qht of Way Manaqer Attachments: Ycs ~00093 VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ALONG THE NORTH RIGHT OF WAY LINE OF OLD BERMUDA HUNDRED ROAD FROM MILES AND WELLS OLD BER, k/,JDA HUNDRED N Che.teMd County Depel'tment ot' UUI#Me Rlllht Of Wey ~ II I I II I I I I I THIS IS TO CERTIFY THAT ON -*qf/~ I M~DE AN ACCURATE SURVEY OF THE PREMISES SHOWN HI.EON AND THAT THERE ARE NO EASEMENTS O~i(,~CROACHMENTS VISIBLE ON THE GnOUND O?HER 'rHAN THOSE SHOWN HEREON. ~ . : ~/~, 1HiS PROPERTY ~/~ I.'A H.U.D, DEFINED FLOOD HAZARD AREA. THE SURVEY IS SUBJECT TO ANY EASEMENTS OF RECORD AND OTHER J'~, '"J"~.~ PERTINENT FACTSwH~c. NI %% I~ I A TITLE SEARCH ~1 MIGHT DISCLOSE. I~ ' IU~V~ e. PARKS,'INc. I I ~ W. HUNTED RD. ~0095 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 12, 2003 Item Number: JO.C.9.a. Subiect: Designation of Right of Way for Huntshire Drive County Administrator's Comments: County Administrator: BoardAction Requested: Designate right of way for Huntshire Drive; rescind the designation of right of way by resolution of the Board August 23, 2000; and, authorize the County Administrator to execute the Declaration. Summary of Information: Acceptance by the Virginia Department of Transportation of Huntshire Drive into the Secondary System of State Highways requires the relocation of the designated right of way of a portion of Huntshire Drive. District: Clover Hill Preparer: John W. Harmon Title: Ri.qht of Way Mana.qer Attachments: Ycs No 000096 VICINITY SKETCH Designation of Right of Way for Huntshire Drive LaPrade Library N Chesterfield County Department of Utilities Right Of Way Office CmVl: Am ~ I~TA · iADIUI I~LTA cl~qo LE:NGTHTMIGENT S~I~ ' ,~ ..... I~[~- ...... ~, I I'-~F~- I i!i ~ ..... :~ ...... ~ ~ I~1~ ~ ~ ~' ~ I ',~1~ · ' . ~ ~1~ , FEET ~ ~ ~ ~ . i~ / ' -..... '~ ~'~ ~'~'~.~ I ~ ~. ~'~T ~S ~T' ~a~r ~ I ~ LKAT~ ~ W~ [~ST~ ~i ~ ~ RI~T ~ WAY P~T SHOWINg 0.567 ACRDS RIG~T-OF-WAY ' ~ '' ~S~R~TI~ BY OATI T~/~ AGRZ~ULT~ I. ~ ~ T~ 4~ ~ ~A~ ~ DATE; SITE w ~ ~lMera, arGhlfe~tl ~d P~re 11/04/99 99PR02~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 12, 2003 Item Number: I~).C.9.b. Subiect: Designation of Right of Way for Relocation of a Portion of Meadowvil le Road County Administrator's Comments: County Administrator: Board Action Requested: Designate right of way for relocation of a portion of Meadowville Road, and authorize the County Administrator to execute the Declaration. Summary of Information: Meadowville Road is being relocated through an industrial access project to improve access to the Meadowville Technology Park. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Right of Way Manager Attachments: Ycs 000099 VICINITY SKETCH DESIGNATION OF RIGHT OF WAY FOR RELOCATION OF A PORTION OF MEADOWVlLLE ROAD N Right Of Way Offtc~ TIMMON$ GROUP.."'"- LO1 TIM':.MO:NS GROUP. · "- 102 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: November 12, 2003 Item Number: IO'.C.10. Subiect: Approval of Construction Contract for County Project Number 01- 0116, Arsenal Drive, Darby Drive, Hinshaw Drive and Darby Circle Special Tax and/or Assessment Water District to Perkinson Construction, L.L.C. County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends the Board of Supervisors award a construction contract for the Arsenal Drive, Darby Drive, Hinshaw Drive and Darby Circle Special Tax and/or Assessment Water District to Perkinson Construction, L.L.C. in the amount of $184,216 and authorize the County Administrator to execute any necessary documents. Summary of Information: This project includes 4,776 L.F. of 8" and 6" water lines and will provide water service to properties along Arsenal Drive, Darby Drive, Hinshaw Drive and Darby Circle. Our consultant, R. Stuart Royer and Associates have reviewed the bid and recommends award to Perkinson Construction, L.L.C. Preparer: Craiq S. Bryant Title: Director of Utilities Attachments: Yes ~ No #000~.03 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: November 12, 2002 Budget and Management Comments: This item requests the Board of Supervisors to award a construction contract to Perkinson Construction, L.L.C. in the amount of $184,216 to build the Arsenal Drive, Darby Drive, Hinshaw Drive, and Darby Circle special tax and/or water assessment district. The County will initially bear the entire cost of the proposed water lines (inclusive of engineering, construction, and all other costs). Once the project is complete, property owners will repay the county in one lump sum or over a 20-year period in semi-annual installments with interest. Sufficient funds are available in County Project number 010116E for the contract. Preparer: Rebecca T. Dickson Title: Director, Bud.qet and Manaqement 000104 ~ Z Z ~ ~ ~ a 000~05 Proposed "Arsenal Drive, Hinshaw Drive, Darby Drive, Darby Circle Water Assessment District" 10710 10700 10711 3824 3821 3810 "° I ~ 3741 '"'- 3720 ~ ~ 3711 10801 10727 10711 10701 Legend Proposed Water Line D Proposed Assessment District Proposed Parcels For Assessment District Chesterfield County Department of Utilities I inch equals 400 feet 000i06 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 12, 2003 Subject: County Administrator's Comments: Item Number: 10.C.11. Conveyance of Easement to Columbia Gas of Virginia, Incorporated County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Columbia Gas of Virginia, Incorporated. Summary of Information: The Columbia Gas easement as shown on the attached plat is for the relocation of an existing gas line required for construction of the new Bailey Bridge Pump Station. Approval is recommended. District: Matoaca Preparer: John W. Harmon Attachments: Ycs [No Title: Ri,qht of Way Manaqer 000107 VICINITY SKETCH Conveyance of Easement to Columbia Gas of Virginia, Incorporated o~ cT \ CR Chesterfield county Department of Utilities Right Of Way Office N 0003.05 ! / / J / / / / / / / ~U;NEYO~ C,F. RllRC~TE I HI~EDY (7~fl~f I~AT ~ ~ ~ ~ / / / / / / / 02.O9 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meeting Date: November 12, 2003 Item Number: 10.C.11.b. Subject: Conveyance of Easement to Columbia Gas Transmission Corporation County Administrator's Comments: /~~ //~/¥~_.~ County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Columbia Gas Transmission Corporation, Incorporated, subject to necessary approvals. Summary of Information: On August 27, 2003, the Board approved the conveyance of easements to Columbia Gas Transmission Corporation for a Cathodic Protection System to prevent deterioration of its pipeline through Chesterfield County. Columbia has discovered that the location of the easement through Rockwood Park is unsuitable for the Cathodic Protection System and has requested that a relocated easement be conveyed. The existing easement will be vacated. This request has been reviewed by staff and approval is recommended. District: Clover Hill Preparer: John W. Harmon Title: Right of Way Manager Attachments: Yes ~-]No ,~0.00' £~4.14' 348,43' £0,43' VICINITY MAP (N(~? TO SCN. E} L.S. el486 LrHr VM-IOI PROPOSED GROUND BED EASEMENT ON LAND8 OF CHESTERFIELD COUNTY (ROCKWOOD PARK) N/A Io/og/O~ ELATE I0/~1/05 RLF 1'.200t ED NIOHOL$ON 'NO. tAX m'rlml'lm CLOVER HILL CHESTERFIELD 'VIRGINIA A-2 880 · ide/PIslL#4/YM-40~A-III O, D4~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~ Date: November 12, 2002 Item Number: 10.C.l~.a. Subject: Transfer a total of $3,000 from the Matoaca District Improvement Fund to the School Board to Purchase Band Uniforms for Manchester High School County Administrator's Comments: County Administrator: Board Action Requested: Transfer a total of $3,000 from the Matoaca District Improvement Fund to the School Board to purchase band uniforms for Manchester High School. Summary of Information: Supervisor Humphrey has requested the Board transfer $3,000 from the District Improvement Fund to the School Board to purchase band uniforms for Manchester High School. The County can give money to the School Board to purchase capital equipment to be used for school programs. The uniforms will be owned by the School Board and will become a part of the School Board's inventory of property. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Rebecca T. Dickson Attachments: Ycs Title: Director, Budget and Manaqement 0425:63368. ! --]No # DISTRICT IMPROVEMENT FUNDS APPLICATION This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding request? If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation and/or bylaws to application.) What is the amount of funding you are seeking? .. Describe in detail the funding request and the money,, if approve~ will be spent.r, J Is any County Department involved in the project, event or program for which you are seeking funds? If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? 0407:23380.1 000111 Page 2 If applicant is an organization, answer the following: Is the organization a corporation? Is the organization non-profit? Is the organization tax-exempt? Yes No Yes ~ No Yes ~' No o What is the address of the applicant making this funding request? What is the telephone number, fax number, e-mail address of the applicant? Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman/director or Vii~c~,an- °f ~e~zati°n' $J~g~;ture Title (if signing on behalf of an organization) Printed Name ~ Date CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 4 Meetin~l Date: Subiect: November 12, 2003 Item Number: 10.C.12.b. Transfer $3,500 Each from the Clover Hill and Midlothian District Improvement Funds to the County's Community Contracts Account for the Senior Center- Featherstone County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to transfer $3,500 each from the Clover Hill and Midlothian District Improvement Funds to the County's Community Contracts Account for the Senior Center-Featherstone (total $7,000). Summary of Information: Richmond Senior Center, Inc. ("Center") is a non-profit corporation, which provides long-term care assistance to the elderly. It offers therapeutic programs that promote independent functioning and help to delay the need for more restrictive and costly long-term care for elderly citizens. The Senior Center - Featherstone is a new facility, which was opened by the Center last year in the Midlothian District. The County provides funding to the Center through the County's Community Contracts program. In FY2004, the Board authorized funding in the amount of $33,000. Due to current limitations in funding, the Senior Center is only able to provide services 3 days a week. The funds requested will be utilized to help pay for staff (Activities/Wellness director) and other related costs to Preparer: Rebecca T. Dickson Attachments: Yes ~-] No Title: Director of Budqet and Manaqement 0505:63330.1 # 000~.~.3 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 4 add at least one additional day of service to seniors in Chesterfield County. The County has no legal authority to give these funds to the Center since it is not a qualifying organization under the Virqinia Code. The County may, however, contract with the Center to provide services to county citizens to supplement the County's Community Contracts with the Center. In return for this funding, the Center has agreed to provide County senior citizens with a free Health Fair, and has also agreed to provide free office space in Featherstone Office Park on Huguenot Road to the County at least one night a week for this fiscal year for use by the County for functions that benefit the County's senior citizens. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. 0505:63330.1 000 . 4 DISTRICT IMPROVEMENT FUNDS APPLICATION Page I This application must be completed and signed before the County can consider a request for funding with District Improvement Funds, Completing and signing this form does not mean that you will receive funding or that the County can legally, co.~.sider your request,, Virgi~a !aw places substm~t~! restri.ctio_n.s on the authority of the County to give public funds, such as District Improvement Funds, to private persons.or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding request? The Senior Center of Richmond If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation and/or bylaws to application) The mission of the Senior Center of Richmond is to support and assist the older adult in maintaining independence in the community. This mission is accomplished through programs designed to decrease social isolation, maintain .good mental & physical health, as well as cognitive functioning. Of primary importance is that the senior center provides a place that connects individuals with similar interests, desires and needs. Components work together to encourage healthy lifestyles, and provide support networks that decrease the risk of mental and physical decline, which can lead to loss of independence and the need for more restrictive and costly long-term care. What is the amount of funding you are seeking? $7,000 Describe in detail the funding request and how the money, if approved, will be spent. Due to current limitations in funding~ the Senior Center is only able to provide services 3 days weekly. The funds requested will be utilized to help pay for staff (Activities/Wellness director) and other related costs to add at least one additional day of service to seniors in Chesterfield County. Is any County Department involved in the project, event or program for which You are seeking funds? Not at this time. However, the Senior Center of Richmond is in dialogue with Parks and recreation to provide land to build a future center. if this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? Richmond Memorial Foundation, CJW Medical Center, Trail Blazers, ASC Land Corporation, Carrabbas Italian Grill, other contributions and special event 000 - -5 sponsorships, individuals donations, membership dues and class fees. If applicant is an organization, answer the following: Is the organization a corporation? Yes __ Is the organization non-profit? Yes Is the organization tax-exempt? Yes X No X No X No Page 2 What is the address of the applicant making this funding request? Senior Center of Richmond, 2710 Monument Avenue, Richmond, VA 23220 What is the telephone number, fax number, e-mail address of the applicant? Phone - 804-353-6256 Fax - 804-355-1541 Email - dede.scrichmond~verizon.net Signature behalf of president, vice-president, chairman or .chairman _of the organization. Signature Title (if signing on behalf of an organization) Pri~ed Name of applicant. If you are signing on an organization you must be the vice- 000 .16 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: November 12, 2003 Item Number: 10.C.12.c. Subiect: Transfer $2,000 from The Matoaca District Improvement Fund to the Chesterfield County School Board to Fund the Center for the Humanities at Monacan High School County Administrator's Comments: County Administrator: Board Action Requested: Transfer $2,000 from the Matoaca District Improvement Fund to the Chesterfield County School Board to fund the Center for the Humanities at Monacan High School. Summary of Information: Supervisor Humphrey has requested the Board to transfer $2,000 from the Matoaca District Improvement Fund to the Chesterfield County School Board to fund the Center for the Humanities at Monacan High School. The Center for the Humanities is a "magnet" program of the Chesterfield County School System, which offers an enriched program in the liberal arts. It is a four-year course of studies using an integrated approach to explore how history influences literature, arts, mathematics, natural sciences, and social studies. The requested funds will be used by the School Board to purchase supplies, equipment and educational programs (See Attachment B). This request was originally made by a parent support group called "Human Ties" which promotes and supports the Humanities Center. The County cannot give District Preparer: Rebecca T. Dickson Title: Director, Budget & Management 0425:63186,1 Attachments: Ycs --] No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Improvement Funds to a citizen group like Human Ties; however, the County can legally transfer public funds to the School Board to pay operating expenses and to purchase capital equipment and supplies used for public school programs. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. O00l~.$ DISTRICT IMPROVEMENT FUNDS APPLICATION Attachment A This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding request? If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation and/or bylaws to application.) What is the amount of funding you are seeking? Describe in detail the funding request and how the money, if approved, will be spent. Is any County Department involved in the project, event or program for whichN~IO you are seeking funds? If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? 0407:23380.1 Page 2 If applicant is an organization, answer the following: Is the organization a corporation? Is the organization non-profit? Is the organization tax-exempt? Yes No ~( Yes ~ No Yes ~; No What is the address of the applicant making this funding request? What is the telephone number, fax e-mail address of the applicant? Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman or vice- chairman of Zhe oroanization. Si~lnatur~ ~ Cl a/r - W ¥s o nj Me ns Title (if signing on be!half of an organization) Printed Name 0407:23380.1 000: 20 =-o ~' ~ ",o ~'"~ '"=~ -~ 0 ~ (D ~ ti) 0 o~ ~~ ~o ~. - ~' ~0 ~ ~ ~ 0 0 ~ ~ ~ ~ 0 o 0 ..A 01 0 0,-~ 0 0'~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000:1.2:1. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Subiect: Transfer of $5,000 from the Bermuda District Improvement Fund to the Chesterfield-Colonial Heights Christmas Mother, Incorporated to Purchase Food, Toys, and Clothing for Needy Families County Administrator's Comments: County Administrator: ,Board Action Requested: Transfer $5,000 from the Bermuda District Improvement Fund to the Chesterfield-Colonial Heights Christmas Mother, Inc. to purchase food, toys and clothing for needy families. ' Summary of Information: Supervisor McHale has requested the Board to transfer $5,000 from the Bermuda District Improvement Fund to the Chesterfield-Colonial Heights Christmas Mother, Inc. to purchase food, toys and clothing for needy families. Chesterfield-Colonial Heights Christmas Mother, Inc. ("Christmas Mother") is a non-profit charitable corporation that distributes food, toys and clothing to needy families during the Christmas season in Chesterfield and Colonial Heights. The Chesterfield-Colonial Heights Department of Social Services has actively assisted the Christmas Mother for many years. This Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 0425:63482.1 Attachments: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 year the Christmas Mother projects that the money it has already received from the County plus the money it has raised from private and corporate donors will be insufficient to meet the needs of the poor this Christmas. The Board is legally permitted to give money to the Christmas Mother because (1) it is located in the County, (2) its exclusive function is to provide charity to the poor, and (3) it serves needy citizens of the County. Accordingly, the Christmas Mother is qualified under § 15.2-953A of the Va. Code as a "charitable institution" and the Board can donate funds to it. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. ~ov 06 03 02:38p Dr. James H. Revere DEPT. ,0?, SOSII4L gE~. Fax:B04-?l?-6~5$ Nov 8047945792 ,5 '0;~ DISTRICT IMPROVEMENT FUNDS P. 05 p.2 epplica '_t~ofl _mus.t be core. ted ..d ,ig~ b~ore ~ Co~y ~ ~ goes not mere mat y~ w~ Mae,ye ~g m thl t~ ~ of Supe,~m ~om oven aonsid~ your mq~s~. 1, What is ~e name et t~e opp]icoflt (person o, organization)making thi, fundiflg ~) ,-.-,: . on th~ 2. if an orgaflizotion is the applieaf~t, whet is !h..e nmure arid purpose of the organization? ~so 8t~ach orgaNz~on, m~cles you ~e ~i~ fun~? I~lov OG 03 02:38p I)r. James H. Revere 80~'7945792 NOv 6 '03 12;35 P. 04 )age 2 If applicon*, is an orgenizetiop, anawer the following: Is the organization a corporation? Yes / No Is the ,.)rgonization non-profit? Yes ~ ~ Is zhe o~genization zax-exemptt Yes .. / No .]. Whpt i~ the telepho~ nu~er, fax number..~~ e-mail ~ddres~ of ~he ~plioBnt? ~ ~ lg on DMa p.3 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetim Date: November 12, 2003 Item Number: 10.C.12.d.2. Subject: Transfer $16,000 from the Bermuda District Improvement Fund to the Parks and Recreation Department to Purchase Equipment and Landscaping Materials for the County-Owned "Lowes Soccer Complex" County Administrator's Comments: County Administrator: Board Action Requested: Transfer $16,000 from the Bermuda District Improvement Fund to the Parks and Recreation Department to purchase equipment and landscaping materials for the County-Owned "Lowes Soccer Complex". Summary of Information: Supervisor McHale has requested the Board to transfer $16,000 from the Bermuda District Improvement Fund to the Parks & Recreation Department to purchase equipment and landscaping materials for the County-owned "Lowes Soccer Complex." The Board can transfer funds to the Parks & Recreation Department to make public capital improvements to County property. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Rebecca T. Dickson Attachments: Title: Yes ~ No Director, Budget & Management 0425:63480.1 NOU-06-2003 15:4S CHESTERFIELD PARKS & REC. 804 ?S141J1 P. 02 DISTRICT IMPROVEMENT APPLICATION This applicati,on must be completed and signed before'th~,~-can consider a request for funding with District Improvement Funds. Completing and si~,i~is'form do. es not mean that you will recaive funding or that the County can legally consider y~,lir i~l~bSt. Virginia law places substantial restrictions on the authority of the County to give p, ul~il~'~inds,'such as District Improvement Funds, to private persons, or organizations and these ~r,~t~ctions may preclude the County's Board of Supervisors from even considering your requeslt, What is the name of the applicant (person or organization) making this funding request? If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organizations most recent articles of incorporation and/or bylaws to application.) Department of'l;~rks,and Recreation What is the amount of funding you are seeking? 4. Describe in detail the funding request m and how the money will be spent, Is any County Department involved in the project, event or program for which you are seeing funds? Purchase of~e!,.~.t~psoil, site amenities, ~oals, tresk~,..ben'ch.es, etc..-~ Parks and ~io~ If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? 0407:23380.1 NOU-06-2003 15:44 804 ?514131 P.02 NOU-06-2003 ~5:45 CHESTERFIELD PRRKS& REC. ?S141J1 P. OJ 7. If applicant is an organization, answer the following: Is the organization a corporation? Is the organization non-profit? Is the organization tax. exempt? 8. What is the address of the applicant making this funding request? What is the telephone number, fax number, e.mail address o[~ the applicant? Yes No Yes Yes No P.O. Box 40 Chesterfield,.y~a.'.23832 Fax (804) 751~1.3.t~ goldenmi~~d.gov November 6, 2003 Date Signature of ~i;.:. If you are signing on behalf of an.~On, you must be the president, ~'i~t', ohairman or vice- chairman oft~iflz.~lon. SJgnatUre~~i~ Title (if signin~.;~ha!f o~an organization) Mike Golden~~r,,i,parks & Recreation Printed Name: .0407:23380. I TOTAL P.03 NOU-06-2003 15:44 884 ?514131 P.03 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meeting Date: November 12, 2003 Subiect: Item Number: 10.C.12.d.3. Transfer $5,000 from the Bermuda District Improvement Fund to Henricus Foundation to Pay for Brochures and an Educational Exhibit at Henricus Park County Administrator's Comments: County Administrator: Board Action Requested: Transfer $5,000 from Bermuda District Improvement Funds to Henricus Foundation to pay for brochures and an educational exhibit at Henricus Park. Summary of Information: Supervisor McHale has requested the Board to transfer $5,000 from the Bermuda District Improvement Fund to the Henricus Foundation to offset the cost of printing a brochure advertising Henricus Park and to construct an education exhibit a relating to the history of Henricus. The Henricus Foundation is a non-profit, tax-exempt organization dedicated to the preservation and history of the settlement at Henricus. The Board is authorized under Va. Code §15.2- 953B to make donations to non-profit organizations which are formed to commemorate historic events and can, therefore, legally donate funds to the Foundation. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Rebecca T. Dickson Attachments: Title: Director, Budqet & Manaqement 0423: 63481.1 Yes ~-~ No Nov,OS 03 0~:58p Hov OS 03 ll:~6a HENRICUS Management Services 80~?061356 80~-?17-6590 p.2 DISTRICT IMPROVEMENT FUNDS ,& This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive furtding or that the County can *legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding request ? Henricus Foundation 2. If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation and/or bylaws to application.) Henricus Foundation is a 501 (C)(3) f~n~. tio~ whose mi.~.~ion i.~ ~n m~_~=~-: gi=nr~r,~ ~a ~ h-I~:S-n',.-,, ~r~ ~d~cate significance of the region 3. What is the amount of funding you are seeking? $5000 4. Describe in detail the funding request and how the money, if approved, will be spent. Expanded Opera~o~ needs F~_~a~_~:nnal ~xhibit $2400 ]~r~h~ pr/nting $2600 Pl~-~e see at~hed for er~ii-inr~ d~] o Is any County Department involved in the project, event or program for which you are seeking funds? " Office of Public Affairs 19apartment of Par~s and Recreation C~esterfield County School System if this request for funding will not fully fund your activity or program, what other Henricus Foundation individuals or organizations will provide Public Affairs the remainder of the funding? ]~i ~hmr~ M~-~-,~ .P-~nH ~,~ a~d Visitors Bureau 0407:23380. I Please see attached for additional detail Hov,OS 03 04:SBp Hov OB 03 HEMRICUS 8047061356 804-?]7~S590 p.3 p.3 If applicant is an organization, answer the following: Is the organization a corporation? Yes X is the organization non-profit? Yes X Is the organization tax-exempt? Yes Page 2 No No X What is the address of the applicant P.O. Eox 523 making this funding request? Ches~i~ld, VA 23832 What is the telephone number, fax number, (804)706-1340 phone e-mail address of the applicant? (804) 706-1356 Henricus 16110aol .ccm Signature of applicant. If you are signing on behalf of an organization you must be the president, vice.president, chairman/director or vice-chairman of 1he organization. Signature Executive Director Title (if signing oa behalf of an organization) Walter K. Heyer P~int~ Name November 6~ 2003 Date gd07.'233~0.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 ,Meetin~ Date: November 12, 2003 Item Number: 10.C.12.d.4. Subiect: Transfer $5,000 from The Bermuda District Improvement Fund to the Industrial Development Authority for the Benefit of The Friends of Chesterfield's Riverfront, Incorporated 1) To Develop Educational Programs With Chesterfield County Public Schools Concerning the James River Riverfront and 2) To Acquire Conservation and Greenways Easements for the James River Greenway from Falling Creek to Dutch Gap County Administrator's Comments: County Administrator: Board Action Requested: Transfer $5,000 from the Bermuda District Improvement Fund to the Industrial Development Authority for the benefit of the Friends of Chesterfield's Riverfront, Inc. 1) to develop educational programs with Chesterfield County Public Schools concerning the James River Riverfront and 2) to acquire conservation and greenways easements for the James River Greenway from Falling Creek to Dutch Gap. Summary of Information: Supervisor McHale has requested the Board to transfer $5,000 from the Bermuda District Improvement Fund to the Industrial Development Authority ("IDA") for the benefit of the Friends of Chesterfield's Riverfront, Inc. ("FOCR") 1) to develop educational programs with Chesterfield County Public Schools concerning the James River Riverfront and 2) to acquire conservation and greenways easements for the James River Greenway from Falling Creek to Dutch Gap. FOCR is a non-profit corporation created in 1997 to be the primary Preparer: Rebecca T. Dickson Title: Director, Budget and Management 0425:63485.1 Attachments: Yes ~ No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 organization responsible for implementing the County's Riverfront Plan. Staff has determined that the only legally appropriate means of donating public funds to the FOCR is for funds to be donated to the IDA which is explicitly authorized under state law to accept money from the County to support organizations like the FOCR. The IDA will then transfer the funds to the FOCR. The FY2004 adopted budget included $37,800 to the IDA for the benefit of FOCR. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. i0/14t2003 08:50 8047966092 FRIENDSOFRIVERFRONT: PAGE 82 DISTRICT IMPROVEMENT FUNDS AP_EU.GA_TJ.QI This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request, Virginia law places substantial restrictions on the mJthority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person request?°r organization)making this funding 2. If an organization is the applicant, what is the nature end purpose of the organization? (Also attach organization's most recant articles of incorporation and/or bylaws to , . application.) ~J~' ' ' c 0 3. WhatseekingiS?the amount of funding you a,e ~ ~"~4 ~00 4. Describe in detail the funding request and how the money, if approved, will be spent. 5. Is any County Department involved in the project, event or program for which you are seeking funds? ~I~L~~:~~~ $. If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? 0407:23380. I 10/14t2003 08:50 @04796609~ FRIENDSOFRIVERF~BNT: PAGE Page 2 If applicant is an organization, answer the following: Is the organization a corporation? Yes ~( Is the organization non-profit? Yes .~. _ Is the organization tax-exempt? Yes. ~ No No No Whet is the adciress of the applicant making this funding request? What is the telephone n~mber, fax number, ?{, ~'J~)~~ e-mail address of the applicant? ~ Signature of applicant. If you are signing on behalf of an organization you must be the preaident, vir, e-preaident, ohairman/director or vice-chairman of the organization. ignature Title (if signing on behalf of an o~genizetion) Printed Name Date ~ ' 0407:23380,1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meeting Date: November 12, 2003 Item Number: 10.C.12.d.5. Subject: Transfer of $5,000 from the Bermuda District Improvement Fund to the Chesterfield County Historical Society to Construct A 1781 Soldiers' Hut at Castlewood and to Purchase Educational Equipment to Further Virginia Standards of Learning ("SOL") on Revolutionary War County Administrator's Comments: County Administrator: Board Action Requested: Transfer $5,000 from the Bermuda District Improvement Fund to the Chesterfield County Historical Society to construct a 1781 soldiers' hut at Castlewood and to purchase educational equipment on the Revolutionary War. Summary of Information: Supervisor McHale has requested the Board to transfer $5,000 from the Bermuda District Improvement Fund to The Chesterfield County Historical Society to construct a 1781 soldiers' hut at Castlewood and to purchase educational equipment to enhance education on the Revolutionary War. The plan is to have Chesterfield County school children take field trips to the site. It is legally appropriate to use public funds for this purpose under Va. Code § 15.2-953B, since the Chesterfield County Historical Society is a non-profit organization that was formed to commemorate historic events relating to Chesterfield County. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Rebecca T. Dickson Title: Director, Budget & Manaqement 0425:63483.1 Attachments: Yes [~ No DISTRICT IMPROVEMENT FUNDS APPLICATION This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding request? If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation and/or bylaws to application.) What is the amount of funding you are seeking? OOO oo. Describe in detail the funding request and how the money, if approved, .will be spent Is any County Department involved in the project, event or program for which you are seeking funds? ~v-~(. If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? 0407:23380.1 Page 2 If applicant is an organization, answer the following: Is the organization a corporation? Is the organization non-profit? Is the organization tax-exempt? Yes. ,,. No Yes b"' No Yes No What is the address of the applicant making this funding request? C)ZO\ What is the telephone number, fax number, e-mail address of the applicant? Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman/director or Signature Title (if signing on behalf of an organization) Printed Name Date 0407:23380.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I .Meeting Date: November 12, 2003 Item Number: 10.C.12.d.6. Subject: Transfer $5,000 from the Bermuda District Improvement Fund to Chesterfield County Library to Provide Library Materials to Support the Families First Initiative at the Chester and Enon Libraries County Administrator's Comments- County Administrator: Board Action Requested: Transfer $5,000 from the Bermuda District Improvement Chesterfield County Library to provide library materials Families First initiative at the Chester and Enon libraries. Fund to the to support the Summary of Information: Supervisor McHale has requested the Board to transfer $5,000 from the Bermuda District Improvement Fund to the Chesterfield County Library to provide materials to support the Families First initiative at the Chester and Enon libraries. The Families First initiative is a program for high-risk couples who are having their first child. The program supports these families with home visits and education for up to five years after their child is born. MH/MR/SA, in conjunction with the Social Services and Health Departments, administers this program. Resource centers for the program are located in each County library. The Board can transfer public funds to a County department to support a public program. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Rebecca T. Dickson Attachments: Title: Yes ~ No Director, Bud.qet and Mana.qement 0425:63486,1 1~/06/2003 13:03 ~A,,T. 804 751A679 C~ESTERF~£L~ LIBRARY DISTRICT IMPROVEMENT FUNDS APPLICATION Page I This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law plac"~s substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding request? Chesterfield County Public Ubrary If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles o{ incorporation and/or b'ylaws to application.) As a dynamic agency of county government, the mission of the Library is to Inspire, enlighten, entertain and educate by bring;rig people and information services and resources together. What is the amount of funding you are seeking? $5,000 Describe in detail the funding request and how the money, if approved, will be spent. These funds will be put into the Library's materials budget to provide library materials to support the Famiiies First initiative at the Chester and Enon Libraries. w Is any County Department involved in the project, event or program for which you are seeEing funds? The Library is a Department of County government. If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding7 No additional funds are requested. If applicant is an organization, answer the following: Is the organization a corporation? Yes Is the organization non-profit? Yes X Is the organization tax-exempt? Yes X What is the address of the applicant making this funding request? Chesterfield County Public Library P. O. Box 297 9501 Lori Road Chesterfield. VA 23832 No No No What is the telephone number, fax number, e-mail address of the applicant7 Phone: 748-1765 for Michael R. Mabe, Library Director FAX: 751-4679 Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman/director or vi=e-=hairman of the ~gnatum Title (Jr signing on behalf of an organization) Printed Name Date CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meeting Date: Subject: November 12, 2003 Item Number: Recognizing Employees for Exemplary Service and Volunteerism During the Recent Hurricane Isabel Disaster by Revising the 2003 Holiday Schedule to Include an Additional Holiday County Administrator's Comments- County Administrator: Board Action Requested: Revise the 2003 Holiday Schedule to include Friday, December 26, 2003, as an additional holiday. Summary of Information: To recognize employees for exemplary service and volunteerism during the recent Hurricane Isabel disaster, a revised holiday schedule for 2003 is recommended to include Friday, December 26, 2003. The Board of Supervisors and County Administration appreciate individual and collective support employees provided to our citizens during this challenging time and recovery period. Preparer: Karla J. Gerner Title: Director1 HRM Attachments: ~---~ Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 4 Meetin~l Date: November 12, 2003 Subiect: Developer Water and Sewer Contracts County Administrator's Comments: County Administrator: Item Number: ],;..A. Board Action Requested: The Board of Supervisors has authorized the County Administrator to execute water and/or sewer contracts between County and Developer where there are no County funds involved. The report is submitted to Board members as information. Summary of Information: The following water and sewer contracts were executed by the County Administrator: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 02-0079 Founders Bridge 16" Water Line, Phase IV Gray Land and Development Company, LLC Castle Equipment Corporation Water Improvements - Midlothian $173,457.50 Preparer: Craig S. Bryant Title: Director of Utilities Attachments: [-~ Yes No # Agenda Item November 12, 2003 Page 2 o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 02-0422 Charter Colony - Sedwick Village B. B. Hunt, LLC Rhyne Contractors, Incorporated Water Improvements - Wastewater Improvements - Matoaca $85,585.OO $474,508.30 o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 02-0437 Beulah Oaks Beulah Oaks Development Company, LLC Bookman Construction Comopany Water Improvements - Wastewater Improvements - Dale $72,790.00 $79,350.00 o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 02-0468 Riverdowns - Kings Farm, Section 4 Riverdowns, LC Excalibur Construction Corporation Water Improvements - Wastewater Improvements - Midlothian $24,225.00 $22,624.00 Agenda Item November 12, 2003 Page 3 Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 02-0487 Shepherds Watch, Section B Jacobs Glenn, LC Excalibur Construction Corporation Water Improvements - Wastewater Improvements - Dale $23,450.00 $31,932.00 03-0036 Village Square Place at Woodlake Planned Community Chiocca Realty, LLC Possie B. Chenault, Incorporated Water Improvements - $31,189.50 Matoaca 03-0051 The Highlands - Burray Touchstone Development, LLC Castle Equipment Corporation Water Improvements - Dale $81,768.50 03-0055 Qualla Farms, Section G Reddy Mill, LC Bookman Construction Company Water Improvements - Wastewater Improvements - Matoaca $86,925.00 $124,839.00 000 24 Agenda Item November 12, 2003 Page 4 o 10. Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount:, District: 03-0067 Charter Colony - Bristol Park Apartments Bristol Park at Charter Colony, LLC Richard L. Crowder Construction Company Water Improvements - $102,416.48 Wastewater Improvements - $180,480.32 Midlothian 03-0322 The Village at Swift Creek - Rath Boulevard Water Line Extension Crowne at Swift Creek Associates, LLC Saiia Construction, LLC Water Improvements - Matoaca $32,000.00 000125 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: November 12, 2003 Item Number: I,q..B. Subject: Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Fund, and Lease Purchases County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Preparer: Lane B. Ramsey Attachments: ¥¢$ ----]No Title: County Administrator 0001; 6 BOARD MEETING DATE 07/01/03 CHESTERFIELD COUNTY GENERAL FUND BALANCE November 12, 2003 DESCRIPTION FY2004 Budgeted Beginning Fund Balance AMOUNT BALANCE $36,604,300 *Pending outcome of FY2003 Audit Results 000127 Board Meeting Date CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS TRADITIONALLY FUNDED BY DEBT November 12, 2003 Description FOR FISCAL YEAR 2002 BEGINNING JULY 1, 2001 4/4/2001 FY02 Budgeted Addition 4/4/2001 FY02 Capital Projects 7/25/2001 County's Master Plan Update 9/26/2001 Video equipment for Circuit and General District Courts 10/24/2001 360 West Corridor Plan 11/14/2001 Building Improvements (County Administration) 11/14/2001 Security Enhancements (MIadMR and County Administration) 2/27/2002 Consultant study to develop revitalization/ development strategy for the Cloverleaf Mall Area 4/2A./2002 Settlement of the Route 10 widening condemnation lawsuit with Heritage Chevrolet 4/24/2002 Government Center Parkway Project - partial funding ($1.25 million project) FOR FISCAL YEAR 2003 BEGINNING .JULY 1, 2002 4l 10/2002 FY03 Budgeted Addition 4/10/2002 FY03 Capital Projects 8/28/2002 Purchase land for athletic facilities at Spring Run Elementary School, closing costs, and environmental assessment FOR FISCAL YEAR 2004 BEGINNING JULY 1, 2003 4/9/2003 4/9/2003 7/23/2003 10/8/2003 FY04 Budgeted Addition FY04 Capital Projects National search for a developer to revitalize the Cloverleaf Mall area Debris pick-up program due to Hurricane Isabelle Amount 8,800,000 (7,579,700) (85,000) (90,000) (70,000) (170,000) (107,000) (50,000) (250,000) (75,000) 8,600,000 (7,277,800) (140,000) 9,354,000 (8,559,300) (44,000) (1,000,000) Balance 9,988,012 2,408,312 2,323,312 2,233,312 2,163,312 1,993,312 1,886,312 1,836,312 1,586,312 1,511,312 10,111,312 2,833,512 2,693,512 12,047,512 3,488,212 3,444,212 2,444,212 OOO l ,S Prepared by Accounting Department October 31, 2003 Date Began 04/99 06/99 1/01 03/01 04/01 11/00 09/01 03/03 SCHEDULE OF CAPITALIZED LEASE PURCHASES APPROVED AND EXECUTED Description Public Facility Lease - Juvenile Courts Project School Copier Lease #1 - Manchester High School Certificates of Participation - Building Construction, Expansion and Renovation; Acquisition/Installation of Systems Telephone System Upgrade School Copier Lease #2 - Manchester High School School Copier Lease #3 - Chester Middle School School Server Lease Certificates of Participation - Building Construction, Expansion and Renovation TOTAL APPROVED AND EXECUTED Original Amount $16,100,000 43,587 13,725,000 1,222,411 20,268 20,268 278,372 6,100,000 $37,509,906 PENDING EXECUTION Description None Date Ends 11/19 05/04 11/21 03/05 03/06 09/05 07/05 11/23 Outstanding Balance 10/31/03 $12,880,000 6,026 11,885,000 264,893 10,991 8,919 113,886 6,100,000 $31,269,715 Approved Amount OOOi30 Chesterfield County, Virginia Memorandum DATE: NOVEMBER 3, 2003 TO: THE HONORABLE MEMBERS OF THE BOARD OF SUPERVISORS FROM: THOMAS E. JACOBSON, DIRECTOR OF PLANNING SUBJECT: SUBSTANTIAL ACCORD REPORTS 1. FOR HORNER PARK - CLOVER HILL SPORTS COMPLEX (CASE 03PD0343) 2. FOR STRATTON PROPERTY/FERRUM COLLEGE (CASE 04PD0126) 3. FOR WARE BOTTOM CHURCH CIVIL WAR PARK (CASE 04PD0143) Attached you will find reports of the Planning Commission's determinations of substantial accord in the above referenced matters. In the past, these reports were conveyed to the Board informally by memo from Mr. Ramsey and myself outside of Board meeting agendas. Because state law requires that Substantial Accord Determinations be formally reported to the Board, these determinations will now be included in the "Reports" section of the Board's meeting agenda. 1923:63415.1 Providing a FIRST CHOICE community through excellence in public service 0001..31 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 12, 2003 Item Number: 12.C.1. Subiect: Report of Planning Commission Substantial Accord Determination on Horner Park-Clover Hill Sports Complex (Case 03PD0343) County Administrator's Comments: /.~bC~,~.,,~,L ~/ .,,"Z~ ~' County Administrator: Board Action Requested: On September 16, 2003, the Planning Commission confirmed that Case 03PD0343 is in substantial accord with the Comprehensive Plan. Staff recommends no action. Summary of Information: The Commission unanimously voted to confirm the director's decision that the facility is substantially in accord with the Comprehensive Plan subject to certain conditions (See attached map and list of conditions). State law provides that the Board may overrule the Planning Commission's determination or refer the matter back to the Planning Commission for an additional public hearing and decision. If the Board takes no action, the determination will become final. Staff recommends no action. Preparer: Thomas E. Jacobson Title: Director of Planninq C:DATNAGENDN2OO3/NOV/REPORT TO BD/03PD0343/gok Attachments: Ycs ["~ No 00018;8 CONDITION: TRACTS A AND B 1. The following setback criteria shall apply to any outdoor play fields, courts, swimming pools and similar active recreational areas: ao With the exception of playground areas which accommodate swings, jungle gyms or similar such facilities, all active play fields, courts or similar active recreational facilities which could accommodate organized sports such as football, soccer, basketball, etc., shall be located a minimum of 100 feet from adjacent properties. Within this setback, existing vegetation shall be supplemented, where necessary, with landscaping or other devices designed to achieve the buffering standards contained in Section 19-522(a)(4) of the Zoning Ordinance. bo If new outdoor play fields, courts, swimming pools and similar active recreational areas are set back more than 100 feet from adjacent properties, the landscaping or other design features described in Condition 2.a. may be modified by the Planning Department at the time of site plan review. Such modification shall accomplish a mitigation of the visual and noise impacts that sports or related activities have on adjacent properties equivalent to the 100 foot setback/landscaping requirements described in Condition 2.a. c. Any playground areas shall be setback a minimum of forty (40) feet from all property lines. (P) (Note: This condition supersedes Condition 1 of Case 95PD0128 for Tract B. With the exception of Conditions 6 and 12, all other previous conditions of Case 95PD0128, as amended by Case 98PD0202, shall remain in effect for Tract B. Conditions 6 and 12 are hereby deleted.) CONDITIONS: TRACT A: With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department and approved devices have been installed. (EE) o To provide for an adequate roadway system, the developer shall be responsible for construction of two (2) lanes of Mount Hermon Road Extended, including turn lanes based on Transportation Department standards, from its current terminus just north of Otterdale Branch to the southern property line. Any additional right of way (or easements) required for these improvements shall be recorded. Prior to any site plan approval, a phasing plan for these road improvements shall be submitted to and approved by the Transportation Department. (T) 000 1-33 o# CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 12, 2003 Item Number: 12.C.2. Subject: County Administrator: Report of Planning Commission Substantial Accord Determination on Stratton Property/Ferrum College (Case 04PD0126) County Administrator's Comments: /~c~~ ~,~ Board Action Requested: On October 21, 2003, the Planning Commission determined that Case 04PD0126 is in substantial accord with the Comprehensive Plan. Staff recommends no action. Summary of Information: The Commission voted unanimously to find this request substantially in accord with the Comprehensive Plan, subject to certain conditions (See attached map and conditions). State law provides that the Board may overrule the Planning Commission's determination or refer the matter back to the Planning Commission for an additional public hearing and decision. If the Board takes no action, the substantial accord determination will become final. Staff recommends no action. Preparer: Thomas E. Jacobson Title: Director of Planning C:DATNAGENDA/2OO3/NOV/REPORTTOBD/O4PD0126/GOK Attachments: Ycs -]No 000136 CONDITIONS 1. Development of the property shall conform to the requirements of the Zoning Ordinance for Corporate Office (0-2) Districts in Emerging Growth Areas. (P) (NOTE: The requirements of the underlying Agricultural (A) zoning classification, where these requirements exceed the requirements of the Ordinance for 0-2 Districts in Emerging Growth Areas, remain applicable.) Prior to the property being designed for park use or prior to site plan approval, whichever occurs first, forty-five (45) feet of fight of way on the east side of Turner Road and thirty-five (35) feet of fight of way on the north side of Jessup Road, measured from the centerlines of both roadways immediately adjacent to the property, shall be recorded. Based on the Parks and Recreation Department's ability to provide these rights of way, this condition may be eliminated/modified by the Transportation Department. (T) o Access from the property shall be limited to one (1) entrance/exit onto Jessup Road, aligning with the Jessup Meadows Drive intersection. The exact location of this access shall be approved by the Transportation Department. (T) Prior to the issuance of an occupancy permit, additional pavement shall be constructed along Jessup Road at the approved access to provide left and fight turn lanes, based on Transportation Department standards. The developer shall dedicate free and unrestricted, to and for the benefit of Chesterfield County, any additional fight of way (or easements) necessary for this improvement. (T) 5. No outdoor lighting shall be permitted other than security lighting. (P) Park use shall be limited to passive recreational uses such as walking trails, picnic areas, nature observation areas and similar types of uses. Active recreational uses including, but not limited to, play fields, courts, swimming pools, and playground areas which accommodate swings, jungle gyms or similar such facilities shall not be permitted. (P) 7. The operation of go-carts, motor-cross motorcycles and all terrain vehicles (ATVs) shall not be permitted on the property. (P) A minimum six (6) foot security-type fence shall be installed generally parallel to the property lines of Tax IDs 771-688-8318, 772-687-1012 and 772-688-1846 for the purpose of discouraging trespassing from the park onto the identified properties. The exact design and location of the fence shall be approved at the time of site plan review. (P) 000 .87 Providing a FIRST CHOICE Community Through Excellence in Public Service. ! ! ! ! CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 1 Meetin~l Date: November 12, 2003 Item Number: 12.C.3. Subiect: Report of Planning Commission Substantial Accord Determination on Ware Bottom Church Civil War Park (Case 04PD0143) County Administrator's Comments: County Administrator: Board Action Requested: On October 21, 2003, the Planning Commission confirmed that Case 04PD0143 is in substantial accord with the Comprehensive Plan. Staff recommends no action. Summary of Information: The Commission unanimously voted to confirm the director's decision that this request is substantially in accord with the Comprehensive Plan, subject to certain conditions (See attached map and conditions). State law provides that the Board may overrule the Planning Commission's determination or) refer the matter back to the Planning Commission for an additional public hearing and decision If the Board takes no action, the substantial accord determination will become final. Staff recommends no action. Preparer: Thomas E. Jacobson Attachments: Yes ~'] No Title: Director of Planninq C:DATAJAGENDA/2OO3/NOV/REPORT TO BD/O4PD0143/gok CONDITIONS o Prior to the property being designated for park use or prior to site plan approval, whichever occurs first, forty-five (45) feet of right of way on the north side of Old Bermuda Hundred Road, measured from the centerline of Old Bermuda Hundred Road immediately adjacent the property, shall be recorded. (T) Direct access from the property to Old Bermuda Hundred Road shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. (T) 000 40 000~.4~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 12, 2003 Item Number: 16. ect: Recognizing Benjamin August Osterhout, Nicholas Christopher Richards and Vincent Page Principe, all of Troop 806, Sponsored by Woodlake United Methodist Church, Upon Attaining Rank of Eagle Scout County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolutions Summary of Information: Staff has received requests for the Board to adopt resolutions recognizing Benjamin August Osterhout, Nicholas Christopher Richards and Vincent Page Principe, all of Troop 806, upon attaining the rank of Eagle Scout. Ail will be present at the meeting, accompanied by members of their family, to accept the resolutions. Matoaca District Benjamin August Osterhout Parents: David and Elizabeth Nicholas Christopher Richards Parents: James and Cameron Vincent Page Principe Parents: Donald and Jackie Preparer: Lisa H. Elko Attachments: Yes Title: Clerk to the Board OOO14Z RECOGNIZING MR. BENJAMIN AUGUST OSTERHOUT UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Benjamin August Osterhout, Troop 806, sponsored by Woodlake United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Ben has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 12th day of November 2003, publicly recognizes Mr. Benjamin August Osterhout, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. RECOGNIZING MR. NICHOLAS CHRISTOPHER RICHARDS UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Nicholas Christopher Richards, Troop 806, sponsored by Woodlake United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Nick has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 12th day of November 2003, publicly recognizes Mr. Nicholas Christopher Richards, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. 000144 RECOGNIZING MR. VINCENT PAGE PRINCIPE UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Vincent Page Principe, Troop 806, sponsored by Woodlake United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Vinnie has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 12th day of November 2003, publicly recognizes Mr. Vincent Page Principe, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. 000 45 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meeting Date: November 12, 2003 Item Number: 1'3.R, Subiect: Hold a Public Hearing Regarding the Adoption of a Resolution which Authorizes the County Administrator to Submit an Application to the Virginia Public School Authority (VPSA), Declares the Official Intent of the County to Reimburse Itself from Bond Proceeds, and Authorizes the Issuance and Sale of General Obligation School Bonds to the Virginia Public School Authority County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to hold a public hearing on November 12, 2003 regarding the adoption of a resolution which authorizes the County Administrator to submit an application to the Virginia Public School Authority (VPSA), declares the official intent of the County to reimburse itself from bond proceeds, and authorizes the issuance and sale of general obligation school bonds to the VPSA in an aggregate principal amount of not to exceed $116,905,000 Summary of Information: The Capital Improvement Program (CIP) for FY2004 - FY2010 was approved by the School Board on January 28, 2003. On September 26, 2003 the School Board revised the FY2004-2010 School Capital Improvement Program in order to enter into a Comprehensive Agreement under the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA). Consistent with those Preparer: Rebecca T. Dickson Title: Director of Budqet and Manaqement Attachments: Ycs --]No 000:1.46 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetin l Date: November 12, 2003 actions, the CIP is funded by several sources, including the Reserve for School Capital Improvements (CIP Reserve), State construction funds, proffered funds, and general obligation bonds issued by the County. The sixth and final sale of the bonds authorized by the 1996 Referendum were sold by the County in February, 2002. Therefore, the preferred method of issuing bonds for the CIP needs in FY2004 is through the Virginia Public School Authority (VPSA). It is anticipated at this time that Chesterfield will request a stand-alone sale through the VPSA this winter. A portion of the anticipated proceeds from the sale of bonds to the Virginia Public School Authority were appropriated by the Board of Supervisors in the FY2004 School CIP. A request to the Board of Supervisors to hold a public hearing on November 12, 2003 to appropriate the remaining proceeds is included in this evening's agenda (Item 15.B.). It is anticipated that the aggregate amount of the bonds to be sold through the VPSA would not exceed $116,905,000 to fund the projects outlined in Attachment A. The list of projects to be funded with the proceeds from the VPSA sale is consistent with the FY2004-2010 School Capital Improvement Program as amended on September 26, 2003. On September 26, 2003 the School Board adopted a resolution consenting to the issuance and sale of the bonds to the Authority, and requesting the Board of Supervisors to authorize the issuance and sale of general obligation bonds of the County in an aggregate principal amount of not to exceed $116,905,000 and to submit an application to the VPSA, and to declare the official intent of the County to reimburse itself from the proceeds of the bonds for expenditures made with respect to the projects prior to the issuance of the bonds. Prior to the final authorization of the issuance and sale of general obligation bonds to the VPSA, state law requires that the Board of Supervisors hold a public hearing after giving notice in accordance with the provisions of Code of Virginia, 1950, Section 15.2-2606.A. After the public hearing is held, the Board is requested to adopt the attached resolution which authorizes the County Administrator to submit an application to the Virginia Public School Authority (VPSA), declares the official intent of the County to reimburse itself from bond proceeds, and authorizes the issuance and sale of general obligation school bonds to the VPSA in one or more installments in an aggregate principal amount of not to exceed $116,905,000. 000147 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED $116,905,000 AGGREGATE PRINCIPAL AMOUNT OF COUNTY OF CHESTERFIELD, VIRGINIA, GENERAL OBLIGATION SCHOOL BONDS; AUTHORIZING THE COUNTY ADMINISTRATOR TO SUBMIT AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY TO PARTICIPATE IN ONE OR MORE FINANCINGS BY SUCH AUTHORITY AND TO ISSUE AND SELL SUCH BONDS TO SUCH AUTHORITY; PROVIDING FOR THE SALE OF SUCH BONDS TO THE AUTHORITY AND THE FORM AND THE INTEREST RATES, REDEMPTION OR PREPAYMENT PROVISIONS AND OTHER DETAILS THEREOF; AUTHORIZING THE DESIGNATION OF A BOND REGISTRAR AND PAYING AGENT FOR SUCH BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND SALE AGREEMENT, A USE OF PROCEEDS CERTIFICATE, A CERTIFICATE AS TO ARBITRAGE, A PROCEEDS AGREEMENT AND A CONTINUING DISCLOSURE AGREEMENT RELATING TO EACH SERIES OF SUCH BONDS; DECLARING THE OFFICIAL INTENT OF THE COUNTY TO REIMBURSE ITSELF FROM THE PROCEEDS OF SUCH BONDS FOR EXPENDITURES MADE PRIOR TO THE ISSUANCE OF SUCH BONDS; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE OF SUCH BONDS BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: SECTION 1. Findings and Determinations. The Board of Supervisors (the "Board of Supervisors") of the County of Chesterfield, Virginia (the "County"), hereby finds and determines as follows: (a) On September 26, 2003, the School Board of the County (the "School Board"), adopted a resolution (the "School Board Resolution") (i) requesting, pursuant to Section 15.2-2640 of the Code of Virginia, 1950 (the "Virginia Code"), the Board of Supervisors to authorize the issuance and sale of general obligation school bonds of the County in an aggregate principal amount of not to exceed $116,905,000 for the purpose of paying the costs of various capital school improvement projects of and for the County (such capital school improvement projects being referred to collectively as the "Project") and to submit an application to the Virginia Public School Authority (the "Authority") in connection with the issuance and sale of such bonds to the Authority; (ii) consenting, for purposes of Section 15.2-2638.B(iii) of the Virginia Code and Article VII, Section 10(b) of the Constitution of Virginia, 1971, to the issuance and sale of such bonds to the Authority; and (iii) requesting the Board of Supervisors to declare the official intent of the County under Treasury Regulation Section 1.150-2 to reimburse itself from the proceeds of such bonds for expenditures made with respect to the Project prior to the issuance of such bonds. 006148 434111.2 026357 RES -2- (b) Pursuant to the provisions of Title 15.2, Chapter 26, of the Virginia Code (the same being referred to herein as the "Public Finance Act of 1991"), the County is authorized to contract debts for any project, borrow money for any project and issue its bonds to pay all or any part of the costs of acquiring, constructing, reconstructing, improving, extending, enlarging and equipping any project. (c) In accordance with provisions of the School Board Resolution, the Board of Supervisors has determined that it is necessary and expedient for the County to contract a debt and to authorize the issuance and sale of general obligation school bonds of the County to be designated and known as "County of Chesterfield, Virginia, General Obligation School Bonds" in an aggregate principal amount of not to exceed $116,905,000 (the "Bonds") to pay or any part of the costs of acquiring, constructing, reconstructing, improving, extending, enlarging and equipping the Project. (d) The Board of Supervisors has determined to authorize the County Administrator on behalf of the County to submit an application to the Authority to participate in one or more stand-alone or pooled financings by the Authority and to delegate to the County Administrator the authority, without further action by the Board of Supervisors, to issue and sell the Bonds to the Authority in one or more series in accordance with the provisions of this resolution. (e) The Board of Supervisors has determined to declare the official intent of the County under Treasury Regulation Section 1.150-2 to reimburse itself from the proceeds of the Bonds for expenditures made with respect to the Project prior to the issuance of the Bonds. (f) In accordance with the provisions of Section 15.2-2606.A of the Virginia Code, the Board of Supervisors has held a public hearing, duly noticed, before the adoption of this resolution authorizing the issuance of the Bonds. SECTION 2. Authorization of Application to Issue and Sell the Bonds to the Virginia Public School Authority. The County Administrator is hereby authorized on behalf of the County to submit an application to the Authority to participate in one or more stand-alone or pooled financings by the Authority and to issue and sell the Bonds to the Authority in one or more series in an aggregate principal amount of not to exceed $116,905,000 for the purpose of paying the costs of the Project. SECTION 3. Authorization of Issuance of Bonds. (a) Pursuant to the provisions of the Public Finance Act of 1991 and upon the terms, conditions and provisions set forth in this resolution, the Board of Supervisors hereby authorizes the County to contract a debt and to issue one or more series of general obligation school bonds of the County to be designated and known as "County of Chesterfield, Virginia, General Obligation School Bonds" in an aggregate principal amount of not to exceed $116,905,000 (hereinbefore defined as the "Bonds") for the purpose of paying the costs of various capital school improvement projects of the County (hereinbefore referred to collectively as the "Project"). The Bonds of each series shall have such series designation or designations as shall be determined by the County Administrator. 000149 434111.2 026357 RES -3- (b) The Bonds of each series shall be issuable in fully-registered form, shall be dated the date of issuance and delivery of the Bonds of such series or such other date as shall be determined by the County Administrator, shall bear interest from the date of delivery of the Bonds of such series or such other date as shall be determined by the County Administrator, such interest to be payable on such first interest date as shall be determined by the County Administrator and semiannually thereafter (each an "Interest Payment Date"), subject to the provisions of Section 5 of this resolution and at the rates established in accordance with Section 5 of this resolution, and shall mature on such date in each of the years (not exceeding forty (40) years from the date of the Bonds of such series) (each a "Principal Payment Date") and in the amounts in each such year (the "Principal Installments") as shall be determined by the County Administrator, without further action by the Board of Supervisors, subject to the provisions of Section 5 of this resolution. SECTION 4. Sale of Bonds. There is hereby delegated to the County Administrator the authority, without further action by the Board of Supervisors, to sell the Bonds of each series to the Authority at such price, determined by the Authority at the time of sale to be fair and accepted by the County Administrator; provided that the true interest cost to the County with respect to the Bonds of any such series shall not exceed eight percent (8.00%). The County Administrator is hereby authorized and directed to enter into a Bond Sale Agreement with the Authority providing for the sale of the Bonds of each series to the Authority in substantially the form entered into by the County with the Authority in connection with previous sales of general obligation school bonds by the County to the Authority (the "Bond Sale Agreement"). SECTION 5. Interest Rates and Principal Installments. There is hereby delegated to the County Administrator the authority, without further action of the Board of Supervisors, to accept the interest rates on the Bonds of each series established by the Authority; provided that each such interest rate shall be not more than ten one-hundredths of one percent (0.10%) over the annual rate to be paid by the Authority for the corresponding principal payment date of the bonds to be issued by the Authority (the "Authority Bonds"), the proceeds of which will be used to purchase the Bonds of such series, and provided further that the true interest cost with respect to the Bonds of any such series shall not exceed eight percent (8.00%). The Interest Payment Dates and the Principal Installments are subject to change at the request of the Authority. There is hereby delegated to the County Administrator the authority, without further action by the Board of Supervisors, to accept changes in the Interest Payment Dates and the Principal Installments at the request of the Authority; provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this resolution. The execution and delivery of the Bonds of any series as described in Section 9 hereof shall conclusively evidence such interest rates established by the Authority and the Interest Payment Dates and the Principal Installments requested by the Authority as having been so accepted as authorized by this resolution. SECTION 6. Form of the Bonds. For as long as the Authority is the registered owner of the Bonds of a series of the Bonds, the Bonds of such series shall be in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A with such changes as shall be approved by the County Administrator. OO0150 434111.2 026357 RES -4- SECTION 7. Payment; Paying Agent and Bond Registrar. The following provisions shall apply to the Bonds of each series: (a) For as long as the Authority is the registered owner of the Bonds of a series of the Bonds, all payments of principal of and premium, if any, and interest on the Bonds of such series shall be made in immediately available funds to the Authority at, or before 11:00 A.M. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 A.M. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds of such series. (c) There is hereby delegated to the County Administrator the authority to designate a Bond Registrar and Paying Agent for the Bonds of each series of the Bonds. SECTION 8. Redemption or Prepayment. The Principal Installments of the Bonds of each series shall be subject to redemption or prepayment upon such terms and conditions as shall be determined by the Authority and accepted by the County Administrator, without further action by the Board of Supervisors; provided that in no event shall the premium payable upon the redemption or prepayment of any Bond of any series be in excess of three percent (3%) of the principal amount of such Bond. The Board of Supervisors covenants, on behalf of the County, not to refund or refinance the Bonds of any series without first obtaining the written consent of the Authority or the registered owner of the Bonds of such series. SECTION 9. Execution and Delivery of Bonds. The Bonds of each series shall be executed in the name of the County by the manual or facsimile signatures of the Chairman and the Clerk of the Board of Supervisors, and the corporate seal of the Board of Supervisors shall be impressed, or a facsimile thereof printed, on the Bonds. SECTION 10. Pledge of Full Faith and Credit. For the prompt payment of the principal of and premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged. In each year while any of the Bonds shall be outstanding, the Board of Supervisors is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the County are assessed, levied and collected, a tax upon all taxable property within the County, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest on the Bonds to the extent other funds of the County are not lawfully available and appropriated for such purpose. SECTION 11. Use of Proceeds Certificate and Certificate as to Arbitrage. The Chairman of the Board of Supervisors, the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds of each series and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986 (the 434111.2 026357 RES 0001, 1 -5- "1986 Code") and applicable regulations promulgated thereunder relating to the exclusion from gross income of interest on the Bonds of each series and on the Authority Bonds. The Board of Supervisors covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds of each series will be invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the County shall comply with the other covenants and representations contained therein; and (ii) the County shall comply with the provisions of the 1986 Code so that interest on the Bonds of each series and on the Authority Bonds will remain excludable from gross income for federal income tax purposes. SECTION 12. State Non-Arbitrage Program; Proceeds Agreement. The Board of Supervisors hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds of each series. The Chairman of the Board of Supervisors, the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants, if any, in the sale of the Authority's Bonds of each series, the Authority, the investment manager and the depository, substantially in the form entered into by the County with the other participants in the sale of the Authority Bonds, the Authority, the investment manager and the depository in connection with previous sales of general obligation school bonds by the County to the Authority, which form is hereby approved. SECTION 13. Continuing Disclosure Agreement. The Chairman of the Board of Supervisors, the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in an appendix to the Bond Sale Agreement relating to each series of the Bonds, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and directed to make all filings required by the Bond Sale Agreement should the County be determined to be a MOP (as defined in the Continuing Disclosure Agreement). SECTION 14. Declaration of Official Intent. Subject to the appropriation of moneys by the Board of Supervisors for such purpose, the Board of Supervisors hereby declares that the County reasonably expects and intends to reimburse itself from the proceeds of the Bonds for expenditures made by the County and the School Board with respect to the Project prior to the issuance of the Bonds. The adoption of this resolution shall be deemed an "official intent" within the meaning of Treasury Regulation Section 1.150-2 promulgated under the 1986 Code. SECTION 15. Invalidity of Sections, Paragraphs, Clauses or Provisions. If any section, paragraph, clause or provision of this resolution shall be held invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining portions of this resolution. 434111.2 026357 RES 000 5;8 -6- SECTION 16. Headings of Sections. The headings of the sections of this resolution shall be solely for convenience of reference and shall not affect the meaning, construction, interpretation or effect of such sections or of this resolution. SECTION 17. Further Actions. The members of the Board of Supervisors and all officers, employees and agents of the County are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds of each series of the Bonds and any such action previously taken is hereby ratified and confirmed. SECTION 18. Filing of Resolution. The Clerk of the Board of Supervisors is hereby authorized and directed to cause a certified copy of this resolution, certified by the Clerk of the Board of Supervisors to be a true and correct copy hereof, with the Circuit Court of the County. adoption. SECTION 19. Effective Date. This resolution shall take effect upon its 434111.2 026357 RES 000153 EXHIBIT A NO. TR-1 (FORM OF TEMPORARY BOND) UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF CHESTERFIELD GENERAL OBLIGATION SCHOOL BOND, SERIES The COUNTY OF CHESTERFIELD, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on __, 200_ and annually on each thereafter to and including __, ~ (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable on __, 200_ and semiannually on each and thereafter (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, , , , as bond registrar (the "Bond Registrar"), shall make all payments of principal of and premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 A.M. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal of or premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 A.M. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of such payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the Board of Supervisors of the County authorizing the issuance of the Bonds provides, and A-1 434111.2 026357 RES 000 !54 Section 15.2-2624 of the Code of Virginia 1950, requires, in each year while any of the Bonds shall be outstanding the Board of Supervisors of the County shall be authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the County are assessed, levied and collected a tax upon all taxable property within the County over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest on this Bond to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and statutes of the Commonwealth of Virginia, including Title 15.2, Chapter 26 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and resolutions duly adopted by the Board of Supervisors of the County and the School Board of the County for the purpose of financing capital school improvement projects of and for the County. This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for two or more temporary bonds or definitive bonds in fully registered form in denominations of $5,000 and whole multiples thereof, and; in any case, having an equal aggregate principal amount having maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. [The principal installments of this Bond coming due on or before and the definitive Bonds for which this Bond may be exchanged that mature on or before are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due after .... and the definitive Bonds for which this Bond may be exchanged that mature after __, __ are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after __, , upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices __, to __, __ inclusive __, to __, ~ inclusive __, to __, __ inclusive .... and thereafter A-2 000 55 434111.2 026357 RES Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without the prior written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption.] All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the County, by its Board of Supervisors, has caused this Bond to be executed by the manual signature of the Chairman of such Board; a facsimile of the corporate seal of such Board to be imprinted hereon, attested by the manual signature of the Clerk of such Board; and this Bond to be dated __, __ [SEAL] Attest: Chairman of the Board of Supervisors Clerk of the Board of Supervisors A-3 000156 434111.2 026357 RES ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (Please print or typewrite name and address, including zip code, of Assignee) PI JEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF ASSIGNEE: I the within Bond and irrevocably constitutes and appoints attorney to exchange such Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Registered Owner Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended). (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) A-4 000:tS? 434111.2 026357 RES CHESTERFIELD COUNTY PUBLIC SCHOOLS CHESTERFIELD, VIRGINIA CCPS MEMORANDUM # 89 (2003) September 26, 2003 TO: SCHOOLBOARD FROM: BILLY K. CANNADAY, JR., Ed.D. SUPERINTENDENT SUBJECT: VIRGINIA PUBLIC SCHOOL AUTHORITY (VPSA) APPLICATION REQUEST PERTINENT INFORMATION The Capital Improvement Program (CIP) for FY2004 - FY2010 was approved by the School Board on January 28, 2003, with revisions requested on this evening's agenda. Consistent with those actions, the CIP is funded by several sources, including the Reserve for School Capital Improvements (CIP Reserve), State construction funds, proffered funds, and general obligation bonds issued by the County. The sixth and final sale of the bonds authorized by the 1996 Referendum were sold by the County in February, 2002. Therefore, the preferred method of issuing bonds for the CIP needs in FY2004 is through the Virginia Public School Authority (VPSA). It is anticipated at this time that Chesterfield will request a stand-alone sale through the VPSA later this fall. A portion of the anticipated proceeds from the sale of bonds to the Virginia Public School Authority were appropriated by the Board of Supervisors in the FY2004 School CIP. A request to the Board of Supervisors to appropriate the remaining proceeds is included on this evening's agenda. It is anticipated that the aggregate amount of the bonds to be sold through the VPSA would not exceed $116,905,000 to fund the projects outlined in Attachment A. RECOMMENDED ACTION The Superintendent recommends that the School Board approve the resolution in Attachment B requesting the Board of Supervisors to (1) authorize the issuance and sale of general obligation bonds of the County in an aggregate principal amount of not to exceed $116,905,000 and to submit an application to the VPSA; (2) consent to the issuance and sale of the bonds to the Authority; and (3) declare the official intent of the County to reimburse itself from the proceeds of the bonds for expenditures made with respect to the projects prior to the issuance of the bonds. BKCJr/KSK/s Attachments 000158 Attachment A Projects to be funded through the VI'SA Sale Greenfield Elementary School Construction of additions and renovations Manchester High School Construction of addition for specialty center and classroom space Two New High Schools Construction of new schools through PPEA Major Maintenance Replacement and/or repair of major systems at various schools (floors, mechanical systems, grounds improvements, and other building renovations) $ 3,500,000 2,877,000 103,894,000 6,634,000 Total $116,905,000 PRESENT: VIRGINIA: At a meeting of the Chesterfield County School Board held Friday morning, September 26, 2003, at eight-thirty o'clock in the School Board meeting room at the School Administration Building Elizabeth B. Davis, Vice-Chairman Lloyd A. Lenhart Dianne E. Pettitt James R. Schroeder, D.D.S. Marshall W. Trammell, Jr. RESOLUTION OF THE SCHOOL BOARD OF THE COUNTY OF CHESTERFIELD, VIRGINIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY TO AUTHORIZE THE ISSUANCE AND SALE OF NOT TO EXCEED $116,905,000 AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY, TO SUBMIT AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY IN CONNECTION WITH THE ISSUANCE AND SALE OF SUCH BONDS TO THE AUTHORITY, CONSENTING TO THE ISSUANCE AND SALE OF SUCH BONDS TO THE AUTHORITY AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY TO DECLARE THE OFFICIAL INTENT OF THE COUNTY UNDER TREASURY REGULATION SECTION 1.150-2 TO REIMBURSE ITSELF FROM THE PROCEEDS OF SUCH BONDS FOR EXPENDITURES MADE PRIOR TO THE ISSUANCE OF SUCH BONDS BE IT RESOLVED BY THE SCHOOL BOARD OF THE COUNTY OF CHESTERFIELD: 1. The School Board (the "School Board") of the County of Chesterfield, Virginia (the "County"), hereby fmds and determines as follows: (a) The School Board finds and determines that the capital school improvement program of the County requires the expenditure of the amount of $116,905,000 to pay the costs of various capital school improvement projects of and for the County (such capital school improvement projects being referred to herein collectively as the "Project"). (b) The School Board finds and determines that it would be desirable to finance the costs of the Project from the proceeds of general obligation school bonds of the County in an aggregate principal amount of not to exceed $116,905,000 to be issued and sold by the County to the Virginia Public School Authority (the "Authority"). (c) The School Board finds and determines that it would be desirable for action to be taken under Treasury Regulation Section 1.150-2 to declare the official intent of the County to reimburse itself from the proceeds of such general obligation school bonds for expenditures made with respect to the Project prior to the issuance thereof. 391702.1 024754 RES C000 60 2. The School Board of the County of Chesterfield hereby (i) requests, pursuant to Section 15.2-2640 of the Code of Virginia, 1950, the Board of Supervisors of the County to authorize the issuance and sale of general obligation school bonds of the County in an aggregate principal amount of not to exceed $116,905,000 (the "Bonds") for the purpose of paying the costs of the Project and to submit an application to the Authority in connection with issuance and sale of the Bonds to the Authority; (ii) consents, for purposes of Section 15.2- 2638.B(iii) of the Code of Virginia, 1950, and Article VII, Section 10(b) of the Constitution of Virginia, 1971, to the issuance and sale of the Bonds to the Authority; and (iii) requests the Board of Supervisors of the County to declare the official intent of the County under Treasury Regulation Section 1.150-2 to reimburse itself from the proceeds of the Bonds for expenditures made with respect to the Project prior to the issuance of the Bonds. 3. This resolution shall take effect upon its adoption. ADOPTED: September 23, 2003 Billy K. C~haday, Jr., Ed.D., S?~/ dent O00161 391702.1 024754 RES An Affiliate of Media Genera~ Richmond, Virginia 23293-0001 (804) 649-6000 Advertising Affidavit (This is not a bill. Please pay from invoice) Account Num. ] 1 l Date Code Descd£tion Ad Size ToTM] Cost J 1 1 l(l~lg(IfJ% 12l NOTICR OF PlI~[ IC HRARFNGN©TTC-R Lq FI~RF, P~¥ 2.00 x 'f3_00 Media Genera Operations, Publisher of THE RICHMOND T~MES-D]SPATCH This is to certify that the attached N©TICF, ()F PI I1ALIC HF, AR~ was published by Richmond Newspapers, ]nc, in the Ci~ of Richmond, Stale of Virginia, on th~ following dates: t 0/29/2003 11/05/2003 The first insertion being given .... i 0/29/200g Newspaper reference: 1543377 Sworn to and subscribed before me this _ ~( m ....... '~u~]ic Supervisor State of Virginia City of R~c~mond PAY FkO /Nv6iCE, THANK CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meetin~l Date: November 12, 2003 Item Number: 1'7.~. I Subject: Hold a Public Hearing to Consider Revisions to the FY2004 School Capital Improvement Fund Appropriations County Administrator's Comments: County Administrator: Board Action Requested: The School Board requests the Board of Supervisors to hold a public hearing to increase the School Capital Improvements Fund by $103,894,000. Action will be deferred until after the Planning Commission has taken action on the Substantial Accord Determination for the two high school sites and the conversion of the Clover Hill High School site to a middle school site. Summary of Information: On September 9, 2003 the School Board took action stating its intent to accept the Part One Conceptual Phase Proposal and Part Two Detailed Phase Proposal submitted by First Choice Public-Private Partners to design and construct two new high schools and convert the current Clover Hill High School to a middle school. These actions were taken under the Public- Private Education Facilities and Infrastructure Act of 2002 (PPEA) and will allow the new high schools to be ready for occupancy in the fall of 2006, with the middle school available in the fall of 2007. These dates are two years ahead of the anticipated openings set forth the in the FY2004-2010 Capital Improvement Plan adopted by the School Board and Board of Supervisors in January and April of 2003 respectively (Attachment A). Preparer: Billy K. Cannaday, Jr., Ed.D. Title: Superintendent Attachments: Ycs ~'~No 000162 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 On October 28, 2003 the School Board approved the Comprehensive Agreement for these facilities subject to favorable substantial accord determination and Board of Supervisors' approval of revisions to the Capital Improvement Plan and authority to issue bonds to the Virginia Public School Authority. The adopted Capital Improvement Plan must be revised to provide the total appropriation for the two high schools and the middle school in the current fiscal year. As reflected on Attachment B, the total funding contained in the FY2004-2010 CIP will not change; however, funding previously included in fiscal years 2005 and 2008 must be included in fiscal year 2004. This will increase the 2004 CIP from $24,632,900 to $128,526,900, an increase of $103,894,000. The sources of revenue have been amended to include a total of $1,333,600 in cash proffers in support of the Greenfield Elementary and Manchester High School projects. Inclusion of these proffers does not increase the total CIP, but will enable the County to issue less debt in support of these projects. 000163 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: November 12, 2003 Budget and Management Comments: On September 9, 2003 the School Board took action to request that the Board of Supervisors set a public hearing date to consider the increase of the FY2004 School Capital Improvement Projects Fund by $103,894,000. The School Board is considering acceleration of construction of the two new planned high schools and conversion of the current Clover Hill High School into a middle school to alleviate overcrowding. If acceleration occurs, it would allow for the opening of the two new high schools in the fall of 2006, with the middle school available in the fall of 2007. The FY2004-FY2010 Adopted School Capital Improvements Program included funding in FY2005 and FY2008 for these improvements. The School Board would like to accelerate the construction of these schools; but in order to award the contracts, they must also accelerate the appropriation of funds to FY2004. The dollar amount to be appropriated for these projects has not changed ($103,894,000). However, the issuance of planned debt will be reduced by the amount of cash proffers that is available to be appropriated for use on the Greenfield Elementary School and Manchester High School in the amount of $1,333,600. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 000164 00 00 lO 0 C~l 0 00000000000000 00000 O00000000 0 ~ 00 ~ O00000000 O~ ~ ~ ~ 00 ~ ~ 0000~ 0 ~ ~ ~ 0 0 ~ ~ ~ 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~0 0 ~ 0 w~ 0 ~0 0 00 00 00 00 00 00 000 000 0 ~00 O~OC{ 000 000 0 ~0 ~0 0 0 0 0 0 0 0 00 00 00 00 00 0 0 0 0 0 0 0 0 cO O0 000 O0 000 oo ~oo O0 ~ O0 ~ O0 000000 O0 000000 oo ~~ ~0 000~00 ~ ~~00 ~ ~00~ 0 0 0 0 0 ~-~ 0 0 0 0 0 00 o ~- 0 cO 0 OC~ 0 0 0 - -0 0 o°~o ~ ~0 wi' oOoOOO~ o o° .~l r~ LUno 00 00000000000C) O0 00 LDO ~ ~ 0 ~ ~ ~ ~ 0 0 ~ ~ 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 ~ o ~ 0 0 0 0 0 o ooo o 0 0 ~ 0 0 0 0 ~ ~ 0 0 ~ ~ 0 0 0 0 0 0 ~ ~'~ o ooo o o 0 0 ~ 0 0 ~ o~o o o 0 0 ~ ~ 0 ~ -- 0 0 ~ ~ ~o ~ 0 0 ~ m~8o~ oo oo o o 0 0 0 0 0 0 oo ~o o oo oo ~ ~ mo ~ ~~_ oo o oo ~ oo ooo o o oo ooo o o ~ ~~,~ 0 0 ~ 0 0 0 0 ~o ~ o o ~ 8 o 0 0 ~ ~ ~ ~ 0 oo o oo 88 888° oo ooOO ~ ~ ~ ~ 0 0 ~ ~ 0 __ ._ ~~8 ~o~zzz 000~ PRESENT: VIRGINIA: At a meeting of the Chesterfield County School Board held Friday morning, September 26, 2003, at eight-thirty o'clock in the School Board meeting room at the School Administration building Elizabeth B. Davis, Chairman Lloyd A. Lenhart, Vice-Chairman Dianne E. Pettitt James R. Schroeder, D.D.S. Marshall W. Trammell, Jr. RESOLUTION WHEREAS, on May 23, 2003 the School Board received an unsolicited conceptual proposal from First Choice Public-Private Partners under the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA) to design and construct two new high schools and convert the existing Clover Hill High School to a middle school, and WHEREAS, on June 4, 2003 the Board accepted that proposal and gave notice on June 5, 2003 that it would consider other competing proposals submitted to it by July 21, 2003, and WHEREAS, on July 25, 2003 the Board took action to proceed to the detailed phase of review with all three firms submitting conceptual proposals based on certain conditions set forth at that time; and WHEREAS, only one detailed-phase proposal was received on August 21, 2003, and WHEREAS, that proposal will allow these facilities to be ready for student occupancy two full years ahead of the schedule included in the adopted FY2004-2010 Capital Improvement Plan (CIP), and WItEREAS, the proposal will provide these facilities at a cost provided for in the CIP, and WHEREAS, the Board took action on September 9, 2003 stating its intent to accept the Part One Conceptual Phase Proposal and Part Two Detailed Phase Proposal submitted by First Choice Public-Private Parmers and award a contract to First Choice, subject to the negotiation of a comprehensive 000167 Page 2 Resolution agreement satisfactory to both the School Board and the Board of Supervisors, and WHEREAS, the adopted FY2004-2010 Capital Improvement Plan projects funding for these projects in FY2005 and FY2008 that must be appropriated in FY2004 to allow these projects to proceed; and WHEREAS, there is $1,333,600 of cash proffers available for appropriation that may be used as a funding source for the Greenfield Elementary and Manchester High Schools projects; NOW TItEREFORE BE IT RESOLVED that on motion of Mr. Lenhart, seconded by Dr. Schroeder, the School Board requests the Board of Supervisors to advertise and hold a public hearing to increase FY2004 appropriations in the School Capital Improvements Fund by $103,894,000, including $1,333,600 of cash proffers. P. O~ Box 85333 Richm~nd~ Virginia 23293-000i (80~) 649;6000 Ad Size AccountNumi ] TAKF N©TICRTAKF, NIDTICF~ THAT THE ROARD iD ATTACH Media General Operations, inc, Publisher of THE RICHMOND TiMES-DISPATCH This is to certify that the attached TAKE NOTICETAKF, NOTICF was published by Richmond Newspapers, Inc. in the Ci~ of Richmond, state of Virginia, °n th~ f611oWing dates: 11/05/2003 The first insertion being given .... Newspaper reference: 1570131 Sworn to and subscribed before 11 Notar~glic State of Virginia city of Richmond ~y commission e×pires H~S IS NOT A B~LL PLEASE PAY FRO~ ~NVOICE.-~HA CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: November 12, 2003 Item Number: 17. C.,. Subiect: Hold a Public Hearing to Consider the Receipt and Appropriation of Grant Funds from the United States Department of Justice County Administrator's Comments: ~ c ~.~ //~ ~-.~ County Administrator: Board Action Requested: The Board of Supervisors is requested to hold a public hearing to consider the receipt and appropriation of $771,302 in grant funds from the United States Department of Justice. Summary of Information: The United States Department of Justice has awarded two grants to the Chesterfield Fire & EMS Department, Office of Emergency Management totaling $771,302. Grant funds will be used to replace the command van for the Chesterfield Fire & EMS and the Police Departments and a hazardous materials van for the chesterfield Fire & EMS Department. No local match of funds required. Below is a breakdown for the individual grants monies: Phase I of 2003 Phase II of 2003 Total 183,310 587,992 $771,302 Preparer: Steve A. Elswick Title: Fire Chief Attachments: ]Yes No l# 000169 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetin~ Date: November 121 2003 Bud.qet and Management Comments: This item requests the Board of Supervisors to hold a public hearing to authorize acceptance and appropriation of grant funds awarded by the United States Department of Justice in two phases totaling $771,302. Grant funds for both phases are expected to be received by the middle of November and will be used to replace a command van for the Chesterfield Fire & EMS and Police Departments and a hazardous materials van for the Chesterfield Fire & EMS Department. The grant does not require a local match from the County. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 000:1.70 Richmond, Virginia 23293-000t An Affiliate of Media Genera, (804) 6~9-B000 Advertising Affidavit (This is not a bill Please pay from invoice) LccountNum. 220,8fl6; { ] Date Code Descr!ption Ad Size Total Cost ] TAKE NfOTICETAKE NOT'fi'F, TF~AT THE BOARD O 2 O0 x 20_0(} Media General Operations, A~ACH Publisher of THE RICHMOND TIMES-DISPATCH This is to certify that the attached TAK F. N©TfCETAKF, N©TIC~ was published ~y Richmond Newspapers, Inc. in the City of Rich'°nd, State of virginia, on the f~l{owing dates: 11/05/2003 HERE The first insertion being given .... Newspaper reference: 1570132 Sworn to and subscribed before 1 ]/o5/2oo~ Notary Public Supervisor State of Virginia City of Richmond Comm ssio. e×p res 0 THiS iS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~l Date: Subiect: November 12, 2003 Item Number: I'~.D. I Public Hearing to Consider Ordinance Amendments Relating to Erosion and Sediment Control County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to adopt proposed amendments to the Erosion and Sediment Control Ordinance. Summary of Information: In June of 2002, the County's Erosion and Sediment Control program was reviewed by the State Dept. of Conservation & Recreation (DCR). As a result of this review, DCR concluded that the Erosion and Sediment Control ordinance needed to be updated to include a schedule of civil penalties and several other amendments resulting from changes to the State Erosion and Sediment Control Law. Staff has revised the ordinance incorporating the civil penalties mandated by DCR and has included other provisions that will strengthen the implementation of erosion and sediment control measures. The following are some of the other key proposed amendments: · Verbiage is added requiring Certified Responsible Land Disturbers, hired by the permit holder, to conduct regular inspections, maintain records of those inspections, to make such records available for review by the Dept. of Environmental Engineering and to attend pre-construction meetings. · Requirement holding Land Disturbance Permit holders responsible for the clean up of sediment that has impacted downstream properties and/or waters. · Provision for the issuance of summonses for violations of the ordinance, with the option of paying the fine directly to the county. Such civil penalties would be designated for the purpose of minimizing, preventing, managing or mitigating the pollution of the waters of the county. · An increase in the program administration fee is proposed to partially offset the cost of two additional Sr. Construction Drainage inspectors. The Dept. of Conservation has given the county until January of 2004 to adopt the revised ordinance. Preparer: Joan Salvati Title: Water Quality Administrator Attachments: Yes ~ No #000171 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING SECTION 8-1.1 AND AMENDING AND RE-ENACTING SECTIONS 8-1, 8-2, 8-3, 8-4, 8-5, 8-6, 8-7, 8-8, 8-9, 8-10, 8-11, 8-12, 8-13, 8-14 and 8-17 RELATING TO EROSION AND SEDIMENT CONTROL AND ESTABLISHING CIVIL PENALTIES FOR VIOLATIONS OF THE ORDINANCE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Chapter 8 of the Code of the County of Chesterfield, 1997, as amended, is amended and m-enacted to mad as follows: Sec. 8-1. Definitions. (a) When used in this chapter, the following terms shall have the following meanings: Agreement in lieu of a plan: A contract between the plan-approving authority and the owner that specifies conservation measures that must be implemented in the construction of a single-family residence; this contract may be executed by the plan-approving authority in lieu of a formal site plan. Certificate of occupancy: A certificate of use and occupancy issued under the Uniform Statewide Building Code, but not including a temporary certificate of use and occupancy. Conservation standards: The standards contained in the Virginia Erosion and Sediment Control Regulations and in chapter 3 of the current edition of the Virginia Erosion and Sediment Control Handbook for controlling erosion and sedimentation. County: The County of Chesterfield. Department: The State Department of Conservation and Recreation. Designated agent: The person designated by the applicant for a land-disturbance permit to act on behalf of the applicant and to accept service of legal process for the applicant. Development: A tract of land developed or to be developed as a single unit under single ownership or unified control which is to be used for any business or industrial purpose or a subdivision as defined in Chapter 17 of the Chesterfield County Code. Environmental engineer: The director of the Chesterfield County Department of Environmental Engineering or his designee. Land Disturbance Permit: A permit issued by the Department of Environmental Engineering for the clearing, filling, excavating, grading or transporting of land or for any 0505:62927.1 1 000~7~ combination thereof or for any purpose set forth herein. When the land disturbing activity is in conjunction with the construction of a dwelling, the building permit issued by the Building Official shall be the land disturbance permit. Plan: The erosion and sediment control plan required by this chapter and by Va. Code §10.1-560, et. seq. Program authority: The County of Chesterfield. The Director of the Department of Environmental Engineering, or his designee, is the designated authority to administer this program. Responsible Land Disturber: The individual designated in writing by the holder of the land disturbance permit to be in charge of and responsible for carrying out a land-disturbing activity covered by an approved plan or an agreement in lieu of a plan. The responsible land disturber must hold a certificate of competence as provided by Va. Code § 10.1-561. Single-family residence, separately built: A dwelling that is occupied exclusively by one family and that is not located in a residential subdivision. Silviculture: Forest management, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation that is conducted in accordance with the silvicultural best management practices developed and enforced by the State Forester pursuant to Va. Code §10.1-1105. Soil and Water Conservation District: The district or districts established by the Virginia Soil and Water Conservation Board pursuant to Va. Code § 10.1-506, et. seq. which includes Chesterfield County. Stabilized land: Land that will withstand normal exposure to atmospheric conditions without incurring erosion damage. Subdivision: Shall have the same meaning as the term is given in the county's subdivision ordinance. (b) When used in this chapter, the following terms shall have the same meaning as set forth in Co~e c.f V~rg~n:.a Va. Code, § 10.1-560: Applicant Certified inspector Certified plan reviewer Certified program administrator 0505:62927.1 2 000:1.73 Erosion impact area Land-disturbing activity Local Erosion and Sediment Control Program Owner Permittee Person Plan-approving authority State waters. Sec. 8-1.1. Adoption of State Erosion Control Regulations. Pursuant to Va. Code §10-562, Chesterfield County adopts the Virginia Erosion and Sediment Control Regulations as the authority that governs the County's local erosion and sediment control program. Sec. 8-2 Approval of land-disturbing activity. (a) Except as provided in this chapter, no person shall engage in land-disturbing activity unless the person has obtained a land disturbance permit from the county and is displaying the permit on the site where the land disturbing activity is taking place. No person shall install a septic tank line or drainage field in a Resource Management Area as defined in Chesapeake Bay ~Preservation a~a Ordinance, ~..4~.~.~ ;~ ,- .... ; .... ,~; ..... unless the person has obtained a land disturbance permit and is displaying a permit on the site where the septic tank line or drainage field is being installed. (b) Persons who own, occupy or operate private lands devoted solely to agricultural, horticultural or for-osMamts silviculture shall be exempt from the requirements of this chapter for all activity that takes place on that land that is exempt from the definition of land-disturbing activity set forth in Cede cf Virginia Va. Code, § 10.1-560. This exemption shall not apply to land disturbing activities on land in an agriculturally zoned district which is not used directly for the management of agricultural crops, forest crops and livestock, or land which has been rezoned or converted, or proposed to be rezoned or converted, at the request of the owner or previous owner, from an agricultural to a residentially, commercially or industrially zoned district or use. 0505:62927.1 3 000~74 (c) General woodlot management conducted on lands that are in an agricultural zoning district and in conformance with sound silvicultural practices as confirmed by the State Forester or professional arborist, shall be exempt from the requirements of this chapter. For the purposes of this chapter, general woodlot management does not include the removal of stumps. (-e-)(d) Electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies and railroad companies shall be exempt from the requirements of this chapter for projects that are exempt from local erosion and sediment control regulation pursuant to Cede ef Virginia Va. Code, § 10.1-563(D); provided, however, that ~q4e-amt ~ such companies shall comply with the filing requirements of Cede ef Virginia .Va. Code, § 10.1-563(D), as enforced by the Department of Conservation & Recreation. (e) State agency projects are exempt from the provisions of this chapter except as provided for in Va. Code §10.1-564. 000 Sec. 8-4. Land-disturbance permits. (a) The environmental engineer shall not issue a land-disturbance permit to an applicant who has submitted a land-disturbance permit application unless: O) The applicant has submitted an erosion and sediment control plan that has been approved by the environmental engineer as meeting the conservation standards; (2) The person responsible for implementing and maintaining the erosion and sediment control plan certifies that he will perform the erosion and sediment control measures included in the plan; (3) The applicant has paid the program administration fee and posted the bond, letter of credit or cash escrow required by this chapter; (4) The applicant has implemented and maintained adequate erosion and sediment control measures for any land-disturbing activity that has already taken place; (5) Any site plan or improvement sketch required by the zoning ordinance has been approved by the county and, when necessary, by the Virginia Department of Transportation. However, if the grading, drainage, erosion and sediment control and Chesapeake Bay Act Ordinance requirements have been met to the satisfaction of environmental engineer and the site plan has been deemed to be substantially approved by the site plan review team, the environmental engineer .... : ...... *~' ~: ........ ~; .....~ may issue the land disturbance pe~it; 0505:62927.1 4 000~L75 (6) Any tentative subdivision that is required by the subdivision ordinance has been approved by the county and any road and drainage plan that is required by the subdivision ordinance has been approved by the county and the Virginia Department of Transportation; (7) Copies of.' a_ aA_ny wetlands permits that are required by federal or state law have been submitted to the environmental engineer, or a qualified wetlands expert, approved by the environmental engineer, has submitted written documentation to the environmental engineer that establishes that a wetlands permit is not required by federal or state law; and b. A Virginia Pollutant Discharge Elimination System (VPDES) General Permit Registration Statement and Permit Fee form (as developed by the Department of Environmental Quality) for construction sites of one acre or more, if required. (8) The applicant has appointed a designated agent if the applicant does not reside in Virginia or is a corporation or a partnership. (b) Land-disturbance permits shall remain in effect until the land-disturbing activity for which the permit was issued has been completed, as determined by the environmental engineer, unless the permit provides for a different effective time period or unless the environmental engineer, or his designee, revokes the permit4s-~-vohod. (c) Any person who engages in land disturbing activity on land which is more than 2,500 square feet in area but less than 10,000 square feet in area and that is located in a Chesapeake Bay preservation area shall be issued a land disturbance permit if the person has received minor site plan or improvement sketch approval and if there are no erosion and sediment control violations on the property, without having to comply with the provisions of subsection (a). Sec. 8-5. Monitoring Reports and Inspections. (a) All applicants for land-disturbance permits shall expressly grant the environmental engineer the right to enter the property at all reasonable times before and after the permit is issued for the purpose of inspecting the property to determine whether the requirements of this chapter and of the approved erosion and sediment control plan are being met. The environmental engineer shall allow the owner, permittee or other individuals designated by the owner or permittee to be present during the inspection. (b) The environmental engineer may conduct pre-construction meetings with the contractor in charge of carrying out the approved plan, and the owner and/or permittee at the site of the land disturbing activity. The responsible land disturber shall be present at the pre- construction meeting. 0505262927.1 5 000:t76 (c) The environmental engineer shall conduct periodic inspections of land disturbing activity as required by Va. Code §10.1-566(A) and in accordance with 4VAC50- 30-60. (d) The environmental engineer shall require the responsible land disturber to inspect the land disturbing activity on a regular basis and ensure compliance with the approved plan and/or any other measures deemed necessary. (e) The environmental engineer may require the responsible land disturber to maintain records of all inspections by the responsible land disturber and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. Any such records shall be made available to the environmental engineer for review. (f) The environmental engineer may require the responsible land disturber to ensure that applicable control materials have been delivered and/or installed prior to the issuance of a land disturbance permit. Sec. 8-6. Erosion and sediment control plans. (a) Applicants for land-disturbance permits shall submit to the environmental engineer an erosion and sediment control plan for review by the environmental engineer. The erosion and sediment control plan shall identify any Chesapeake Bay preservation areas and shall contain all other information required by the Virginia Erosion and Sediment Control Law, the Virginia Erosion and Sediment Control Regulations~ and the Virginia Erosion and Sediment Control Handbook. (b) The environmental engineer shall either approve or disapprove an erosion and sediment control plan within 45 days after it is submitted. All approvals and disapprovals shall be in writing. When a plan is disapproved, the environmental engineer shall inform the applicant of the reasons for the disapproval and shall ~ describe modifications to the plan that must be made in order for the plan to be approved. The environmental engineer shall grant written approval of the plan within 45 days of the plan's receipt if he determines that the plan meets the conservation standards. As a prerequisite to engaging in the land-disturbing activities shown on the approved plan, the owner shall certify that he will properly perform the conservation measures included in the plan and will conform to the provisions of this chapter and of Va. Code §10.1-560, et seq. and shall provide the name of an individual holding a certificate of competence, as provided by Va. Code §10-1-561, who will be in charge of and responsible for carrying out the land disturbing activity. Failure to provide the name of an individual holding a certificate of competence prior to engaging in land disturbing activities shall result in the application of the penalties provided in this chapter. (c) If the environmental engineer does not approve or disapprove an erosion and sediment control plan within 45 days after an applicant submits such a plan, the erosion and sediment control plan shall be approved. However, the applicant shall fulfill all of the other 0505:62927.1 6 O001?? requirements of section 8-4 before the environmental engineer issues a land-disturbance permit to the applicant. (d) The environmental engineer shall require all erosion and sediment control plans to comply with the conservation standards and specifications contained in the Virginia Erosion and Sediment Control Handbook before they are approved. In cases where a conflict exists between the Virginia Erosion and Sediment Control Regulations (4VAC50-30) and the Virginia Erosion and Sediment Control Handbook, the terms of the Regulations shall take precedence over the terms of the Handbook. (e) It shall be unlawful for any person to violate the provisions of an approved erosion and sediment control plan, or any other erosion and sediment control measures deemed necessary by the environmental engineer, as provided for in Va. Code §10.1-560 et. seq. 4VAC50-30-40, and the most recently approved edition of the Virginia Erosion and Sediment Control Handbook. Sec. 8-7. Modifications to an approved plan. eros, ion and ~edlment control plan if An approved plan may be changed by the plan-approving authority when: (a) T-he-ot4gh~ An inspection reveals that the plan is inadequate to control erosion and sedimentation and to satisfy applicable laws and/or regulations; or (b) Circumstances prevent The responsible land disturber finds that because of changed circumstances or other reasons the approved plan fr. om-beiag cannot b..~.e effectively ~ carded out, and proposed amendments to the plan, consistent with the requirements of this ordinance, are agreed to by the plan- approving authority. Sec. 8-8. Responsibility for the erosion and sediment control plan. The owner shall be responsible for preparing, submitting and implementing the erosion and sediment control plan. The owner shall also be responsible for count:,' requ:re ...... t., ............. ~, ............ .~ ,., ~ the following: (a) Engaging the services of a responsible land disturber as defined in this chapter; 0505:62927.1 7 000~.78 (b) Maintaining all measures required by the erosion and sediment control plan; (c) Removing erosion and sediment control measures after the environmental engineer determines that the land is stabilized; (d) Removing all sediment from sediment basins that are to be converted to permanent best management practice facilities as required by the environmental engineer; and (e) The restoration or repair of properties and/or waters that have been adversely affected by the transport of sediment from the project site which is deemed necessary by the environmental engineer, in consultation with the Water Quality Administrator, or his designee. Sec. 8-9. Erosion and sediment control plans for land-disturbing activity in more than one jurisdiction. Persons who propose to engage in land-disturbing activity on land which extends into the jurisdiction of another locality and who have obtained approval of a conservation plan from the Virginia D:.-:~a~c,n Department of Conservation and Recreation, Division of Soil and Water Conservation shall notify the environmental engineer of the plan's approval. That approval shall fulfill the requirements of obtaining approval of an erosion and sediment control plan under this chapter, t4ovay,~-q-~ The person shall provide to the environmental engineer written documentation that such conservation plan has been approved by the Department of Conservation and Recreation. The person shall also obtain a land-disturbance permit from the environmental engineer before engaging in land-disturbing activity in the county. Sec. 8-10. Revocation of permit. (a) If the permit holder fails to comply with the erosion and sediment control plan or with the requirements of the land-disturbance permit, the environmental engineer shall give notice to the permit holder of the failure to comply and shall require the permit holder to comply within a specified period of time. The environmental engineer shall give notice in the manner that is described in section 8-15. The environmental engineer shall revoke the land- disturbance permit if the permit holder has not complied within the specified time period contained in the notice. (b) When the environmental engineer revokes a land-disturbance permit, no land- disturbing activity shall take place on the site, except for activity that is required by the environmental engineer to, ccmp!y and which is directly related to compliance with the erosion and sediment control plan or the land-disturbance permit, as set forth in the notice of failure to comply. 0505:62927.1 8 000~.79 Sec. 8-11. Certification required. (a) The county's environmental enginee~sg-ah~pa,tm~ shall at all times contain among Rs hi_.~s staff one certified program administrator, at least one certified plan reviewer, and at least one certified project inspector. Any person who received a certificate of competence from the Virginia Soil and Water Conservation Board for plan review, project administration or program administration before the mandatory certification provisions of Code of Virginia, § 10.1-561.1 (A), were adopted shall be deemed to be certified. (b) reviewer. inspector. All erosion and sediment control plans shall be approved by a certified plan All inspections of land-disturbing activity shall be conducted by a certified Sec. 8-12. Performance bond, cash escrow, or irrevocable letter of credit. (a) Applicants shall post a performance bond in favor of the county with an acceptable corporate surety, in an amount approved by the environmental engineer as sufficient to install the controls specified in the erosion and sediment control plan. The bond shall be conditioned on the faithful performance of the approved erosion and sediment control plan and shall indemnify and save harmless the county from any loss that results from the applicant's failure to comply with the requirements of this chapter. The form of the bond shall be approved by the county attorney. (b) In lieu of a performance bond, the applicant may submit to the environmental engineer a cash escrow or an irrevocable letter of credit which is approved as to form by the county attorney. The amount of the cash escrow or letter of credit shall be approved by the environmental engineer in the manner described in subsection (a). (c) The amount of the bond, cash escrow, or irrevocable letter of credit shall include an amount that is equal to ten percent of the installation cost to cover maintenance costs. (d) If the permit holder does not faithfully perform the approved erosion and sediment control an a~,~..~ ................... ..~ eng:neer .. .... *. ~ any ....... ~ or any_ other measures deemed necess~y by the environmental engineer, as provided for in Va. Code ~10.1-560, et. seq. 4VAC50-30-40, and the most recently approved edition of the Virginia Erosion and Sediment Control Handbook, the environmental engineer shall revoke the land disturbance pe~it phor to using any funds that ~e posted to implement any potion of the erosion and sediment control plan, or other measures deemed necess~y by the environmental engineer. ~ The person who posted the bond, letter of credit or cash escrow shall increase the bond, letter of credit or cash escrow back to the original amount approved by the environmental engineer before the environmental engineer reissues the land disturbance pemt to the pemit holder perfex: ~..j ............................. j. (e) Any person who engages in land-disturbing activity on land that has received minor site plan approval pursuant to chapter 19 of the Code of Chesterfield County shall be 0505:62927.1 9 000~S0 exempt from the requirements of this section, except that he must obtain a land disturbance permit. (f) Within 60 days after all land-disturbing activity has been completed and the environmental engineer has determined that all land has been stabilized, any unexpended or unobligated funds that were posted or deposited with the environmental engineer pursuant to this section shall be released or refunded. For the purposes of this section, land-disturbing activity shall be considered to be complete when a certificate of occupancy has been issued or, in the case of a subdivision, when the board of supervisors has adopted a resolution requesting the state to accept the subdivision roads into the state highway system. Sec. 8-13. Fees. (a) The applicant shall pay a program administration fee to the county at the time that he submits to the environmental engineer an erosion and sediment control plan. The amount of the fee shall be: (i) For an erosion and sediment control plan for land which is 10,000 square feet or larger and not located in a proposed subdivision: ..,..vv...,.¢~ rum c~n ..,~vv.v~,q;1 q6c} c}a plus $50.00 for each acre of land to be disturbed. (ii) For an erosion and sediment control plan for land which is 10,000 square feet or larger and located in a proposed subdivision:,.,..v~.....¢4 n,m an $1,360.00, plus $50.00 for each lot. (iii) For an erosion and sediment control plan for land which is less than 10,000 square feet and is not to be used for a single-family residence: $100.00. (iv) For any building permit application or erosion and sediment control plan for ~a~'~ "'~ ~.s ~ ,u~.. ~ n nnn ....... ~,~ ~,4 that is to be used for a single-family residence, separately built or any amendment thereto that changes the proposed building footprint from that of the initial submission: $40:00 $50.00. (v) For resubmission of all or part of an erosion and sediment control plan for a subdivision or a residential development for which plan approval has previously been granted, there shall be a fee of $1,000.00 unless the resubmittal was requested by or on behalf of the County. (b) No program administration fee shall be required for an erosion and sediment control plan for land-disturbing activity that takes place in conjunction with a land use for which a minor site plan has been approved in accordance with the zoning ordinance. 0505:62927.1 10 000181 (c) If a land-disturbance permit is revoked, the applicant shall pay an administrative fee in an amount equal to one-half of the original program administration fee when the applicant applies to have the land-disturbance permit reissued. (d) No business located within an enterprise zone designated by the Commonwealth of Virginia shall be required to pay any of the fees described in this section. This exemption shall continue for the life of the enterprise zone. Sec. 8-14. Approval required for certain existing conditions. (a) It shall be unlawful for any owner of land in an erosion impact area to willfully permit erosion and sedimentation of his land to cause reasonably avoidable damage or harm to adjacent or downstream property, roads, streams, lakes or ponds. (b) When the environmental engineer determines that erosion and sedimentation is occurring in an erosion impact area, he shall give notice of the erosion and sedimentation to the land owner in writing at the address for the owner contained in the real estate assessor's records, and require the owner to obtain a land-disturbance permit for the purpose of engaging in land-disturbing activity to control the erosion and sedimentation. If the owner fails or refuses to obtain a land-disturbance permit within five days after the notice is mailed, or if the owner fails or refuses to install or maintain the erosion and sediment controls required by the approved erosion and sediment control plan after the land-disturbance permit is issued and within five days after the environmental engineer has given him written notice of such failure or refusal, the owner shall be in violation of this chapter. The environmental engineer may extend the five-day period if the owner demonstrates good cause for an extension. (c) In order to prevent further erosion, the Department of Environmental Engineering may designate any land within the County as an erosion impact area. Sec. 8-15. Noncompliance with this chapter. (a) If the environmental engineer determines that the permit holder has not complied with this chapter, the erosion and sediment control plan or the land-disturbance permit, the environmental engineer shall serve a notice to comply on the permit holder by: (1) Delivering the notice to the permit holder; (2) Mailing the notice by registered or certified mail, to the address which the permit holder specified for receiving notices in the land-disturbance permit application; or (3) Delivering the notice to the agent, contractor, o~ employee of the permit holde sup ':ing *~'~ '~' .u~,....; .... ,;.,:,.. ~, ~ ~;, .... ~ ,h~ ~.-~ ~;~-,~k; .... *;-';*-' ; ....;"~ or the responsible land disturber. 0505:62927.1 (b) The notice shall state the section of this chapter that has been violated and shall describe the measures that the permit holder must take to comply with this chapter. The notice shall also specify the date by which the permit holder shall comply with this chapter. !f the og4Ms-e4~p¢~. Failure to comply within the time specified in the notice shall constitute a violation of this chapter and the permit holder shall be subject to land disturbance permit revocation and the penalties provided in this chapter. (c) If the permittee has not complied with this chapter within the time specified in the notice, then, in addition to the other actions permitted by this chapter, the environmental engineer may take ~ measures to install ground cover or other temporary erosion and se ment contro s .......... e, evlces .......... e, ................... that ~e deemed necess~y by the environmental engineer. The environmental engineer shall document all costs of any ~ measures and shall notify the ~ landowner, in writing, that the cost sh~l be a ch~ge against the bond, letter of credit or cash escrow that is posted pursuant to this chapter. 5~x If the environmental engineer notifies the County Administrator of a substantial violation of this chapter, the County Administrator may, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue an order in accordance with Va. Code ~ 10.1-566(C) requiring that all or p~ of the land-disturbing activities pe~itted on the site be stopped until the specified co~ective measures have been unde~en. In issuing such stop work order, the land disturbance pe~it shall be revoked and, where applicable, all other county pe~its and inspections shall be suspended. The stop work order shall also apply to sewer and water line const~ction. The order shall be served in the same manner as a notice to comply, and shall remain in effect for a period of seven days from the date of service pending application by the county attorney or permit holder for appropriate relief to the Circuit Court of Chesterfield County. (e) If land disturbing activities commenced prior to the issuance of a land disturbance permit are causing, or are in imminent danger of causing, harmful erosion of lands or sediment deposition in waters within the watersheds of the state, the environmental engineer may take measures subsequent to a stop work order as provided in this chapter, to install any groundcover or other temporary erosion and sediment control devices deemed necessary. The environmental engineer shall document all costs of such measures and shall notify the landowner in writing of such costs. The landowner shall reimburse the County for such costs prior to the issuance of a land disturbance permit. (f) Where the identified non-compliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the state, or where the land-disturbing activities have commenced without an approved plan and/or land disturbance permit, a stop work order may be issued without regard to whether the 0505:62927.1 12 O0 0 ~8~ permittee has been issued a notice to comply as specified in this chapter. Otherwise, such an order may be issued only after the permittee has failed to comply with the notice to comply. (g) Where the identified non-compliance has caused significant erosion of lands and sediment deposition in waters within watersheds of the County, or has adversely affected downstream properties, the environmental engineer shall hold the permit holder responsible for any restoration measures deemed necessary. (h) If land disturbing activities have commenced without a land disturbance permit, the environmental engineer shall issue a notice of permit requirement and a stop work order for the immediate cessation all of land-disturbing activities. The issuance of such a stop work order shall also operate to suspend all other applicable county permits and inspections. In addition, civil penalties may be imposed in accordance with this chapter. 000 Sec. 8-17. Penalty for violation of chapter. (a) A civil penalty in the amount listed on the schedule below shall be assessed for a violation of each of the following offenses: (i) Commencement of land disturbing activity prior to the issuance of a land disturbance permit as provided in Section 8-2(a) shall be a fine of $1,000. (ii) Vegetative Measures: failure to comply with Minimum Standards 1,2,3 and 5 shall be a fine of $100. (iii) Structural Measures: failure to comply with Minimum Standards 4, 6, 10, 11, 15, and 17 shall be a fine of $100. (iv) Watercourse Measurers: failure to comply with Minimum Standards 12, 13 and 15 shall be a fine of $100. 0505:62927.1 13 000184 (v) Slope Stabilization/Protective Measures: failure to comply with (vi) (vii) (viii) (ix) (x) Minimum Standards 7, 8 and 9 shall be a fine of $100. Underground Utility Measures: failure to comply with Minimum Standard 16(a), (b), (c), and/or (d) shall be a fine of $100. Erosion Control Standards and Specifications: failure to comply with any Standards and Specifications contained in Chapter 3 of the current edition of the Virginia Erosion and Sediment Control Handbook shall be a fine of $100. Dust Control: failure to comply with the Standard and Specification 3.39 relating to dust control shall be a fine of $100. Failure of the person responsible for carrying out the plan to provide the name of an individual holding a certificate of competence, as provided by Va. Code §10.1-563, who will be in charge of and responsible for carrying out the land-disturbing activity shall be a fine of $100. Certified Responsible Land Disturber: failure of the certified (xi) (xii) (xiii) (xiv) responsible land disturber to fulfill any responsibilities provided for in this chapter shall be a fine of $100. Failure to obey a stop work order shall be a fine of $100. Failure to stop work when a permit is revoked shall be a fine of $100. Each day during which the violation is found to have existed shall constitute a separate offense. However, in no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of $3,000, except that a series of violations arising from the commencement of land-disturbing activities without a Land Disturbance Permit for any site shall not result in civil penalties which exceed a total of $10,000. The assessment of civil penalties according to this schedule shall not be applied toward the cost of the installation of conservation measures required on the approved erosion and sediment control plan and/or any other measures deemed necessary by the environmental engineer and shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor under subsection (a) of this section. Any civil penalties assessed in accordance with subsection (b) of this section shall be paid into the treasury of the County and designated for the purpose of minimizing, preventing, managing or mitigating pollution of the waters of the County. 000185 0505:62927.1 14 (b) The environmental engineer shall prepare an Erosion and Sediment Control Civil Violation Summons for use in enforcing the provisions of this chapter. Such Notice shall contain the following information: (i) The name and address of the person charged. (ii) The nature of the violation and Minimum Standards and Specifications that are not being met. (iii) The location and dates that the violation occurred or was observed. (iv) The amount of the civil penalty established for the violation. (v) The manner, location, and time that the civil penalty may be paid to the County. (vi) A statement that it is the right of the recipient of the Notice to elect to stand trial for the infraction and the date of such trial. (c) The environmental engineer or his designee shall have the option of serving upon the owner or permittee of the site upon which the violation occurred the Civil Violation Summons, in lieu of the notice to comply provided for in Section 8-15 of this chapter. The Notice of Civil Violation shall be served in the same manner described in Section 8-15 of this chapter. (d) Should a Civil Violation Summons be issued as provided in this chapter, it shall provide that any person issued the Summons may, within five (5) days of receipt of the Summons or, within ten (10) days from the date of mailing of the Summons, elect to pay the civil penalty by making an appearance in person or by certified mail to the Chesterfield County Treasurer's Office and, by such appearance may enter a waiver of trial, admit liability, and pay the civil penalty established for the violation charged and provide that a signature to an admission of liability shall have the same force and effect as a judgment in court; however, an admission shall not be deemed a criminal conviction for any purpose. (e) If a person charged with a Civil Violation Summons does not elect to enter a waiver of trial and admit liability, the environmental engineer shall cause the Sheriff's Department to serve the summons on the owner or permittee. (f) Failure to pay the civil penalty, or to contest the violation, within the time period prescribed herein, shall result in the immediate issuance of a stop work order and the revocation of the permit. (c---).(g) The environmental engineer may apply to the circuit court of the county to enjoin a violation or a threatened violation of this chapter, without the necessity of showing that there is no adequate remedy at law. 0505:62927.1 15 0 0 0 ~86 (d) (h) Any person who violates any provision of this chapter may be civilly liable to the county for damages incurred by the county that result from the violation. (-~ (i) If a person who has violated any condition of a land-disturbance permit and the environmental engineer agree, the environmental engineer may issue an order to the person to pay a specific civil fine not to exceed $2,000.00 for a violation. Such civil fine shall not be applied toward the cost of the installation of conservation measures required on the approved erosion and sediment control plan and/or any other measures deemed necessary by the environmental engineer. The fine shall be paid into the treasury of the County and designated for the purpose of minimizing, preventing, managing or mitigating pollution of the waters of the County. If such a civil fine is imposed, no civil penalty may be imposed pursuant to subsection (a). (-f) ~ The county attorney shall take legal action to enforce the provisions of this chapter when the environmental engineer requests him to do so and when there is probable cause to believe that a violation has occurred. (k) Without limiting the remedies which may be obtained in this section any person violating or failing, neglecting, or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section shall be subiect, at the discretion of the court, to a civil penalty not to exceed $2,000 for each violation. A civil action for such violation or failure may be brought by the County. Any civil penalties assessed by a court shall be paid into the treasury of the County and designated for the purpose of minimizing, preventing, managing or mitigating pollution of the waters of the County, except where the violator is the County itself, or its agency, the court shall direct the penalty to be paid in the state treasury of the state. (2) That this ordinance shall become effective immediately upon adoption. 0505:62927.1 16 An Affiliate of f~edia Genera] Richmond, Virgin ia 232 93-0001 (804) 649-6000 Advertising Affidavit (This is not a bill. Please pay from invoice) Date Code Des.~.dptjon Ad Size oral Cost TAK H NOTICETAKE NC)TI'CE THAT THE RC)ARD O 2 00 x 26 00 A~ACH HERE N1edia General Operations, lnc, Publisher of THE RICHIVIOND TIldES-DISPATCH This is to certify that the attached TAKE NOTICETAKF, N©TIC~ was published by Richmond Newspapers, Inc. in the Ci~ of RiCh'°nd, State of Virginia, on th~ fc;llOwing dates: I0/29/2003 11/05/2003 The first insertion being given .... NeWspaper reference: 1563487 Sworn to and subscribed before me this _ _ >ublic State of Virginia Ci~ of Ri¢l~ond My Commission expires Supervisor HIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meetin~l Date: Subiect: November 12, 2003 Item Number: I"/.~ Public Hearing to Consider an Amendment to the Southern and Western Area Plan Relating to the Matoaca Villaqe Plan, Together with Related Zoning Ordinance Amendments County Administrator's Comments: County Administrator: Board Action Requested: The Planning Commission and staff recommend the Board of Supervisors adopt the Matoaca Villaqe Plan and related Zoning Ordinances amendments. Summary of Information: At a public hearing on September 16, 2003, the Planning Commission recommended approval of the Matoaca Villaqe Plan and related Ordinance amendments. The Matoaca Villaqe Plan and related Ordinance amendments, once adopted, will guide future development in and around the Village of Matoaca in a comprehensive manner that embodies the principles of the Introduction of the Plan by guiding future development in ways that: promote orderly development; reinforce the shape and character of the community; encourage the preservation of scenic, historic and natural resources; foster quality design; and encourage development and redevelopment in ways that protect nearby neighborhoods. Preparer: Thomas E. Jacobson Title: Director of Planning C:DATA/AGENDN2003/OCT2/GOK Attachments: Ycs 000 88 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 An update of the Visual Resources Inventory, adopted with the Southern and Western Area Plan, to include Thorouqhfare Plan roads within the Matoaca Villaqe Plan geography as scenic corridors. Subsequent to the adoption of the original Visual Resources Inventory, the Zoning Ordinance was amended to require the protection of identified resources to the greatest extent practicable. The proposed amendment to the Visual Resources Inventory would apply this ordinance to Thorouqhfare Plan roads within the Matoaca Villaqe Plan geography. A proposed Zoning Ordinance amendment for new design standards for office and commercial development within the village. These standards would be similar to those adopted for other villages, and are designed to ensure that new office and commercial development or redevelopment is compatible with the setbacks, building and parking orientation, and architecture that are characteristic of the existing Village. A proposed Zoning Ordinance amendment for the R-C Conservation Subdivision Residential District classification. This ordinance amendment would establish a residential subdivision category requiring the preservation of a minimum of 50 percent open space for new subdivisions, primarily for the purpose of preserving rural vistas as viewed from area roads. Activities such as passive recreation, farming and equestrian activities would be permitted within this open space. Proposed Subdivision and Utility Ordinance amendments for requiring mandatory use of public water and wastewater within areas having adequate water and wastewater capacity. The Southern and Western Area Plan identified most of the Matoaca Villaqe Plan geography as an area with adequate water and wastewater capacity, and subsequent Zoning and Utility Ordinances were adopted requiring use of public water and wastewater in these areas. The current draft amendments, if adopted, would keep this requirement in place for the Matoaca Villaqe Plan geography. In addition, the amendments would include the geography of the Ettrick Villaqe Plan, which is also served by water and wastewater. 000189 Motoaca Village - Draft Comprehensive Plan Amendment ~outhern & Western Ama Plan Matoaca Village Plan draft plan Interohangee Thoroughfare Roade l~Llmlted A~ce~ 200' proposed ~VMajor Arterial 90' existing ,~f'l~lJor Arterial 90' propo~md /~/Collector 70' existing //~//Collector 70' propom~d ,, Streetl Pondl Stman~ I parcele ~ Green Belt ~ ~ Agpomattax River Matoaoa.~h p 1-$ acre Iot~ (Suited for R88 ) Reeldential I unlt/aore or Im ~ ~ Rellder~al 1.5 unlt~/m=re or leal ~11 Reeldenaal 2.5 unltl/aore or Ieee I Vlliage Commerolal Con*ervaUonm~a~ve ReereaUon ~pomattox River ~-*- =','"-. I Pickett Av. ~...~. ....... ~.~. The Matoaca Village Plan, once adopted by the Board of Supervisors, will guide County citizens, developers, staff, the Planning Commission and Board of Supervisors in future decisions affecting the County including, but not limited to, future zoning actions. The recommendations of the draft Matoaca Village Plan are: · Adopt new development standards for office and commercial development within the Village. · Provide a green belt around the Village to preserve rural surroundings as a framework to preserve the existing rural and traditional residential setting of the Village and surrounding area. · Update the Visual Resources ].'nventory to include existing and planned thoroughfare roads within the Village study area as scenic corridors. · bevelop a purchase of development rights program to encourage the owners of properties that are identified for preservation from development to participate in such preservation. · I~educe suggested residential densities from 2.5 to Z.5 and ! unit(s) per acre in most areas to preserve the existing rural character of the study area, as well as area scenic views. · Adopt a new residential zoning category to require preservation of visual and natural resources as new development occurs. · Develop a historic district for Matoaca Village. Consider rezoning of certain properties currently zoned residentially and commercially to categories that more closely conform to densities and land uses suggested by in Plan. 000190 · Continue to require the use of the public water and wastewater systems. · Amend the Thorouqhfare Plan to help guide the development of a safe and efficient transportation network. Village Commercial Development Standards Existing Conditions Redeveloped - Village standards Redeveloped - typical strip shopping The recommended development standards for office and commercial development with Matoaca Village, in general, would: · Reduce setbacks for building and parking areas along roads and between businesses. · Require that parking and gasoline canopies be located to the sides and rears of buildings. Require that office and commercial site design and building architecture be compatible with existing Village development pattern, as opposed to that typically found in suburban business corridors in other parts of the County. · Ensure that the heights and scales of new buildings compliment the existing pattern of development within the Village. 000191 Ensure the Villaqe Core villaqe commercial area supports: o mix of residential, civic, religious, and commercial uses that reflect the unique character of the Village Core. View of the Matoaca Village Core convenience business QreQ Establish o Villaqe &reen Belt Matoaca Village Green Belt ~#*ee corn Preserve preserve mill site & I 0 I 2 3 4 N Miles Matoaca Village has a small town or rural village character that is distinct from other areas of the County, which ore developing in a more typical, suburban residential manner. Preserving the existing rural and traditional residential setting surrounding the Village Core would identify the Core, together with its surrounding area, as a well-defined place meriting special consideration and protection from potential encroachment. The green belt identifies that oreo around the Village Core consisting of existing rural (forming activities and natural areas) and traditional residential development (residences of varied age, size and architecture, sited on parcels of varied size and with varied setbacks from roods) that defines the edges of the Core. These areas should be targeted for preservation to prevent encroachment on the Village Core from more typical, mid-to-late 20th Century-type subdivision development. 000'!92 Preservation strategies could include, but would not be limited to: new residzntial development types designed to preserve rural vistas; targeting of the green belt for promotion of land donations and conservation easements; and identification of properties within the green belt as prime areas for participation in a purchase of development rights program. Update the Visual Resources Znventory (Map 2) Visual Resources Southern and Western Area Visual Point Resources Visual Areas ~I~-- Scenic Corridors Scenic Water Corridors Nole: the Soulhern and Western Area Technical Report contains detailed The Visual Resources Analysis, adopted with the Southern and Western Area Plan, seeks to identify and preserve identified visual resources as new development occurs. The Zoning Ordinance seeks to protect these resources against encroachment, degradation or destruction 'to the maximum extent practicable'. · Amend the Visual Resources Analysis to include existing and planned major arterial and collector roads within the Plan geography as scenic corridors. Develop a Purchase of Development Riqhts Proqram A separate planning effort should be developed for a Purchase of Development Rights Program for the entire County. A public/private partnership should be forged between the County, citizens and property owners to identify, protect and preserve the visual amenities of the existing rural pattern of development. However, restricting development on properties identified for preservation would necessitate the compensation of property owners for lost development potential. 000 L93 Lower Residential bensities Current Southern & Western Area Plan 1 Major Roads Streets Ponds Streams I'"'1 Village Core I~ Village Plan Boundary ~ Appomattox River Southern & Western Area Plan res. 1 to 5 ac. lots '~,:,~:,'~: res. 1 to 2.5 u/ac. ~ recreation/Un, trails Ay. The current Plan suggests residential density of 2.5 units per acre throughout most of the study area. The numbers of potential residences that could be built at this density would have an adverse impact on the existing rural landscape, as well as on the shape, form and 'feel' of the Village Core and surrounding areas. Specifically, typical single-family residential subdivision development could potentially adversely impact the village character of the Core, as well as the rural character of the surrounding areas. Reducing the suggested Plan density for new residential development, together with encouraging new subdivision designs that are sensitive to preserving the existing rural setting, would promote preservation of visual resources and create neighborhoods of unique character by preserving the unique features of the land as well as significant elements of the existing rural development pattern. 000 94 Establish the Conservation Subdivision Residential District Matoaca Acres - F. xizting conditions Over the years, Planning staff has identified that the typical pattern of single-family residential subdivision development is a main cause for the disappearance of rural areas, and has attempted to address this issue within the context of Plan amendments. The recommended Conservation Subdivision Residential District would: Matoaca Acres - -2.5 units per acre Motoaca Acres - ~1 unit per acre (c~ventional subdivtsioe design) Require that new residential subdivisions be designed with a minimum of 50% of the land area, exclusive of collector and arterial roads, in permanent conservation areas designed to preserve rural vistas, farming activities and natural resources. Allow farming, equestrian recreational facilities as conservation areas. activities and outdoor restricted uses within Allow lot configurations that facilitate development densities that are closer to the Plan recommended maximum than can typically be achieved using current residential district standards. Matoaca Acres - ~! unit per acre (open space subdivision design) 000195 Develop a Historic District for the Matoaca Village Core Pickett Av. 2000 2000 The Village of Matoaca began as a small mill town in the 1830s. Zt remained a company town until after the Civil War, when private houses began to be built. The Village retains much of its traditional village character, which many feel should be preserved. · Develop an inventory of historically and culturally significant resources for the Uotoaco Village study are~, to serve as o model for a larger effort for the entire County. Develop a historic district for the Village in order to recognize, protect and preserve historic and culturally significant structures and sites. This District should be tailored to the special interests and needs of the citizens of the Village and surrounding area. Consider rezoning of certain residentially and commercially zoned properties to zoninq categories that more closely conform to densities and land uses suggested by the Plan · ~Zdentify properties currently zoned residentially and commercially that could be developed or redeveloped to densities end uses permitted by these zoning classifications but not supported by the Matoaca Villaqe Plan. · Consider rezoning these properties to zoning classifications that more closely reflect the densities and uses suggested by the Plan. 000~96 Provide a safe and efficient transportation network Matoaca Village Plan Thoroughfare Plan Roads ~. Interchanges Thoroughfare Roads //'~ ~O~_ N200' prOpOsed /~ ~major arterial 90' ~~ ~lle~or70' ~ . 'J ~ / 70'prop~ ~ ~b ~ ~r~ms ~ i'~ ~-'~ ~rcels ~ ~_~ ~ ~poma~ox River I 0 I 2 Miles · The County's Thoroughfare Plan identifies right-of-way classifications of existing roods, and right-of-way classifications and general alignments of future roods. · As development occurs throughout the County, existing roads will need to be widened and new roads will need to be built to accommodate increased traffic. 000~97 THE PLAN FOR CHESTERFIELD The Matoaca Village Plan Draft (revised 5/3/03) Matoaca Village Plan Introduction Study Area Boundaries The boundaries of the Matoaca Village Plan include Hickory Road to the north, the Appomattox River to the south, the boundary of the Ettrick Village Plan to the east, and Little and Church Roads to the west. The study area includes approximately 6.7 square miles, or about 1.5 percent of the land area of the County. Magisterial District The Plan study area lies within the Matoaca Magisterial District. How this Plan works The Matoaca Village Plan amendment, once adopted by the Board of Supervisors, will become part of The Plan For Chesterfield, the County's comprehensive plan. The Plan For Chesterfield is used by County citizens, staff, the Planning Commission and Board of Supervisors as a guide for future decisions affecting the County including, but not limited to, decisions regarding future land use, transportation networks and zoning actions. Once the Matoaca Village Plan is adopted, it will replace a small portion of the current Southern and Western Area Plan (adopted in 1993 and amended in 1994). It will also amend the Thoroughfare Plan. Staff Analysis The Planning Department, in conjunction with other County Departments, assessed existing conditions within the Matoaca Village study area and performed a land use analysis to anticipate development trends in the area to the year 2020. The results were summarized and shared with public officials and interested citizens. These assessments and analyses, together with input from public officials and citizens, serve as the basis for the following key findings and recommendations. A summary of the existing conditions assessment and an analysis to anticipate development trends is available from the Chesterfield County Planning Department (Matoaca Village Plan - Summa _fy of Existing Conditions and Trends). The complete texts of the assessment and analysis are also available in separate documents. These documents are entitled Matoaca Village Plan Study Area - Existing Conditions and Issues and Matoaca Village Plan Study Area - Land Use Analysis[2000 to 2020. In addition, the Executive Summaries and various analyses for the Southern and Western Area Plan, as well as the Plan itself, were reviewed and relevant elements were incorporated into the Matoaca Village Plan amendment. These Executive Summaries, analyses, as well as the Southern and Western Area Plan are also available in separate documents. j imc: \data\plans\matoaca\matplan5. doc 1 The Matoaca Village Plan THE PLAN FOR CHESTERFIELD Citizen Participation Planning Department staff, together with representatives of other County Departments, met with area residents, community groups, property owners and business persons to discuss the Plan amendment process. Citizens shared concerns and ideas with staff and offered suggestions that serve as part of the basis for the following Goals and Recommendations. A Plan for Action The Matoaca Village Plan should guide future development in ways that provide maximum benefits to Chesterfield COunty's current and future citizens, land owners, businesses and development community. Specifically, the Code of Virginia defines the primary purpose of the Comprehensive Plan as follows: To guide and accomplish a "coordinated, adjusted and harmonious development" of County lands "which will, in accordance with present and probable future needs and resources, best promote the health, safety, morals, order, convenience, prosperity and general welfare" of County citizens. The Land Use Plan makes no attempt to determine the current or short-term marketability of any one parcel for any one use. Rather, it attempts to anticipate future needs fbr broad categories of uses throughout the study area for the next twenty years. In addition, the Plan does not rezone land, but serves as a guide for making decisions relative to future rezoning applications. The Plan may also suggest Ordinance amendments and other actions, such as corridor and village design studies and historic designations, which benefit the County. Finally, the Plan attempts to suggest the proper relationship of land uses to one another and to the wider community. Market forces (availability and price of land, location, character and age of competing businesses, site specific characteristics such as topography and visibility from roads, accessibility to roads, etc.) would decide the desirability of a specific use on one parcel over another, as well as the timing for developing such use, based on the principle of 'highest and best use'. The zoning process would determine the appropriateness of such use on a case-by-case basis by applying principals of desirable land use development patterns and adequacy of public facilities embodied in the Comprehensive Plan. To this end, the Planning Commission and Board of Supervisors have incorporated into Plan amendments certain guidelines that promote development patterns which facilitate the orderly, harmonious, predictable and efficient use of the County's most limited resource - - the 446.5 square miles of land and wa ter within its boundaries. These guidelines, as they apply to specific Plan areas of the County, tre embodied in the Goals and Recommendations of adopted Plar~. amendments. jimc:\data\plans\matoaca\matplan5.doc 2 THE PLAN FOR CHESTERFIELD The Matoaca Village Plan Goals and Recommendations Matoaca Village Plan Area The Introduction to the Plan For Chesterfield encourages the shaping of Chesterfield's communities by molding development into well-designed and attractive communities of special character. To this end, the Introduction suggests that functionally and visually distinct communities and historic villages (such as the Village of Matoaca), together with surrounding natural resources and rural character, should be preserved. As people continue to move into the Matoaca Village study area, the future of the Village as a distinct, historic community, as well as the future of its surrounding rural character, could be jeopardized unless future growth is directed in a manner that respects, preserves and reinforces the Village's traditional appearance, scale, form and function. To these ends, the Land Use Plan, Thoroughfare Plan, and Goals and Recommendations outlined herein are designed to encourage examination of the character of existing and anticipated development in and around the Village and to suggest ways in which the relevant elements of the Introduction to the Plan For Chesterfield may be implemented for the study area. The Goals and Recommendations that most appropriately apply to the Matoaca Village Plan study area are: Goal 1 Ensure that office and commercial development and redevelopment within the Matoaca Village, Core village commercial area promote and enhance the visual appeal of the Village: Part of the Village Core (River Road, between Halloway Avenue and Matoaca Road) is identified as a visual resource area within the Southern and Western Area Plan. As such, the Zoning Ordinance requires that new development and redevelopment within this area be designed to protect visual resources against encroachment, degradation or destruction 'to the maximum extent practicable'. As people continue to move into the area, the future of the Village Core as a distinct, historic visual resource could be jeopardized unless future growth is directed in a manner that respects, preserves and reinforces the Village's traditional appearance, scale, form and function. Recommendation · Adopt design guidelines for future office and commercial development within the Matoaca Village Core village commercial area. The IntroductiOn to the Plan For Chesterfield encourages the preservation and enhancement of historic villages. Additional development standards for the Matoaca Village Core would help ensure that the Village's distinctive visual character is preserved. Of special interest are jimc:\data\plans\matoaca\matplan5.doc 3 THE PLAN FOR CHESTEI properties within the village activity within the Village. Limitations and opportuniti~ [FIELD The Matoaca Village Plan commercial area, which provide a traditional center or focus and Existing zoning and land u~e patterns within the study area reflect a mix of residential and agricultural zoning and land uses, with a cluster of commercial and public/semi-public uses along River Road in the vi. finity of Pickett Avenuel within the Village Core. Opportunities exist to preserve and enhande the existing function and visual appeal of the village commercial area as the center or focus for social and commercial activity within Matoaca Village. Goal 2 Provide a green belt around the Matoaca Village Core as a framework to provide a land use transition between the Core and anticipated surrounding development. Providing a green belt around the Matoaca Village Core would preserve the existing rural and traditional residential setting along the approach6s to the Core (River ROad, Wells Street, Halloway Avenue and Matoaca Road). Specifically, a green belt would identify that area around the Village Core consisting of rural (farming iact~wt~es and natural areas) and traditional residential development (residences of varied age, size and architecture, sited on parcels of varied size and with varied setbacks from roads), which defines the edges of the Core. These areas should be targeted for preservation to prevent encroachment on the Village Core from more typical, mid-to-late 20th Century-type subdivision development. Recommendations Reduce the suggested density (Southern and Western Area Plan) of future residential development within the igreen belt, where rural and traditional residential uses characterize the existing development pattern. To ensure that new residential developments within the green belt preserve existing rural vistas, require conservation subdivisions as a framework to protect the natural environment and scenic values, and to provide land use transitions. · Promote land donations iand conservation easements as means to preserve the existing rural landscape within the green belt. · Identify properties withih the green belt as prime areas for preservation from development and participation in a puichase of development rights program. The Matoaca Village Core has a small town or rural village character that is distinct from the more typical, suburban residential pattern of development occurring throughout much of the County. This distinction offers an opportunity to reinforce the Core and surrounding area as a well-defined place. jimc: \data\plans\matoaca\matplan5.doc 4 THE PLAN FOR CHESTERFIELD The Matoaca Village Plan Limitations and opportunities: The Village Core is bounded to the north by Old Town Creek, to the south by the Appomattox River, and to the east and west by agricultural uses and by single-family residences on acreage parcels fronting area roads. Old Town Creek and the Appomattox River have floodplains and other potentially environmentally sensitive areas that may limit future development and define the Village Core as a distinct area with a sense of 'place'. In addition, the floodplains are heavily forested with mature vegetation, while the road frontage bounded by these features is largely cleared and developed for residences, public/semi-public buildings (an elementary school, a fire station and churches), and neighborhood business uses, further enhancing the distinction. The agricultural uses and residences along area roads outside the Core provide a mix of housing styles and rural and semi-rural settings representing more than a hundred years of development pattern predating the mid-to-late twentieth century suburban development now prevalent throughout much of the County. Oppommities exist to preserve the existing rural and traditional residential setting that surrounds the Village Core that help to define it as a distinct place. Goal 3 Update the Visual Resources Analysis to include areas adjacent to, and outside the ultimate rights of way of, existing and planned thoroughfare roads within the Matoaca Village Plan geography as scenic corridors: The Visual Resources Analysis, adopted with the Southern and Western Area Plan, seeks to identify and preserve visual resources to the maximum extent practicable. Recommendations · Adopt the recommended update to the Visual Resource Analysis, to include existing and planned thoroughfare roads within the Matoaca Village Plan geography as scenic corridors. Reduce the suggested density (Southern and Western Area Plan) of future residential development along these corridors where rural and traditional residential uses characterize the existing development pattern. Ensure that new residential developments along scenic corridors preserve existing rural vistas by requiring conservation subdivisions as a framework to protect the natural environment and scenic values. · Promote land donations and conservation easements for lands outside the ultimate rights of way of thoroughfare roads as means to preserve the existing rural landscape. In conjunction with the Southern and Western Area Plan, a visual survey was undertaken to identify visually significant points, views and corridors. This analysis resulted in the Visual Resource Analysis, which inventories these resources. Subsequent to the adoption of the Southern and Western Area Plan, the Zoning Ordinance was amended to require that new development and redevelopment on properties identified in the Visual Resource Analysis be designed to protect jimc: \data\plans\matoaca\matplanS.doc 5 THE PLAN FOR CHESTEI~FIELD The Matoaca Village Plan the identified visual resourceg against encroachment, degradation or destruction 'to the maximum extent practicable'. lJimitations and Opportunities: As the County continues toi grow and develop, the rural character of the study area will be impacted by anticipated changes in land use patterns. However, by continuing the work that began with the Southern an~ Western Area Plan, opportunities exist to ensure that the existing rural character, as viewed rom area roads, is preserved for the enjoyment of area residents and future generations. Goal 4 Preserve identified resources from new development through a Countywide purchase of development rights program:i Purchase of development rights prograrns have been established in other Virginia localities asi one tool among many in the effort to preserve visually and functionally distinct areas frOm loss to new development or redevelopment. Any such program developed and implemented for the Matoaca Village study area could have wider applications throughout the County. Recommendation Develop a Countywide Purchase of development rights program to identify properties that should be preserved from new development and to encourage owners of such properties to participate in such preservation efforts by compensating them for loss development potential. ,, Given the emphasis that the adopted Introduction to the Plan For Chesterfield places on preserving historic villages, natural resources and rural beauty, a public/private partnership should be forged between the County, citizens and property owners to identify, protect and preserve these amenities for ihe enjoyment of County residents, visitors and future generations. Limitations and opportunitieq: Past efforts to preserve viilage, historic, natural and rural resources while accommodating development have often met with limited success or disappointing results. In many instances, resources have been irretrievably lost or degraded to make way for progress, as measured by indices that do not account for the value of such resources. If these resources do have value to the community, they should be preserved. This value, when measured against the value of a property's development potential, may require fair and just compensation to the property owner. jimc: \data\plans\matoaca\matplan5.doc 6 THE PLAN FOR CHESTERFIELD The Matoaca Village Plan Goal 5 Where new residential development is appropriate, ensure that such development maintains thc, visual appeal of the study area as a rural setting,: As people continue to move into the area and new subdivisions develop, the future of the existing rural setting could be jeopardized unless future growth is directed in a manner that respects, preserves and reinforces the existing rural character. Recommendations Reduce the suggested density (Southern and Western Area Plan) of future residential development for areas where agricultural zoning and uses characterize the existing development pattern. Ensure that new residential developments preserve existing rural vistas outside the ultimate rights of way of thoroughfare roads and build healthy neighborhoods of unique character by requiring conservation subdivisions as a framework to protect the natural environment and scenic values, to provide land use transitions, and to provide outdoor recreational opportunities for area residents. As new subdivisions develop within the study area, the existing rural landscape is in danger of being lost if the resulting residential landscape is allowed to develop in a typical suburban pattern that ignores these features. Additional development standards for the study area would be appropriate to ensure that the existing natural and rural character is preserved. In particular, conservation subdivisions, which are designed to preserve existing land forms, natural resources and rural vistas, provide opportunities to develop neighborhoods of unique character through the preservation of existing natural, cultural and historic resources, while allowing residential development to occur at densities suggested by the Plan. Limitations and opportunities: Existing zoning and land use patterns within much of the study area reflect a mix of residential and agricultural zoning and land uses. When viewed from public roads, this pattern provides a glimpse into the County's disappearing rural past which many residents and visitors find attractive. However, as people move into the area to live near and enjoy this rural pattern of development, they threaten to destroy the natural and rural beauty that attracted them to the area. Opportunities exist to preserve the existing visual appeal of the study area before this appeal is lost to new development. In particular, the Southern and Western Area Plan suggests residential density of 2.5 units per acre throughout the majority of the study area (part of the sewerable area identified on the Southern and Western Area Plan). The numbers of potential residences that could be built at this density would have an adverse impact on the existing rural landscape, as well as on the shape, form and 'feel' of the Village Core and surrounding areas. Specifically, typical single- family residential subdivision development could potentially replace the village character of the jimc: \data\plans\matoaca\matplan5.doc 7 THE PLAN FOR CHESTERFIELD The Matoaca Village Plan Core, as well as the rural character of the surrounding areas. However, reducing the suggested density for new residential development, together with encouraging new subdivision designs that are sensitive tb the existing rural setting, would promote preservation of visual resources and create neighborhoods of unique character by preserving the unique features of the land as well as significai~t elements of the existing rural development pattern. Goal 6 Protect and preserve histori. cultural significance. These Century structures. In parti 103 historic structures and s homes, mill sites, churches, Recommendations and cultural resources: Sites within the study area have historic or include the remains of 19th Century mills and homes, and early 20th mlar, within the Matoaca Village Core (an area of about 292 acres), ites have been identified, including 18th, 19th and early 20th Century cemeteries and commercial buildings. · Develop a Matoaca Village historic resources inVentory and preservation strategy, together with a framework for its iimplementation. · Work with the propert~ owner(s) of identified:sites of significant historic, architectural, archaeological and/or cultural interest to have such properties desiignated as County, State, or Federal Landmarks. · Develop and promote a County Historic District designation for the Matoaca Village Core. · Encourage the preservation of identified historic structures by allowing adaptive reuse that is compatible with existing and anticipated area development. The Introduction to the plan For Chesterfield encourages the identification and preservation of lands, sites and structures lhat have archeological and/or historic :significance. To this end, Comprehensive Plan amendments attempt to identify structures and sites within study area boundaries that have histori~ or cultural significance. Protection of such structures and sites offer the best opportunities for presenting and interpreting the County's historic and cultural heritage. Limitations and opportunities: The Village of Matoaca began as a small mill town in the i830s, located near the terminus of a system of canal locks along the Appomattox River. By 1836, the town had a cotton mill and a paper mill (both were three-story, granite structures), a machine shop, a sizing house, and between fifteen to twenty tenement houses, some of which were double tenements. Matoaca Methodist Church was organized in 1842 and Providence Baptist Church (later Matoaca Baptist) was established in 1858. Later in the 19th Century, a mill of brick construction was erected. Matoaca remained a company town until after the Civil War, when private houses began to be built. At the beginning of the 20th Century, an electric streetcar line from Petersburg was extended along the south bank of the Appomattox River to a tract of land in jimc:\data~,plans\matoaca\matplanS.doc 8 THE PLAN FOR CHESTERFIELD The Matoaca Village Plan Dinwiddie County, opposite the Village, and in 1912 an iron truss toll bridge was built across the river. By 1920, all the mills had closed. The population of Matoaca Village declined, and many of the structures were abandoned, fell into disrepair, and were demolished. By the 1960's, suburban growth in southern Chesterfield County had occurred as far west as Matoaca Village, which now serves as a nucleus for this growing residential community. Most 19th Century structures, including the original manufacturing facilities, are demolished or in rains. However, a number of 19th Century structures are still standing, including several double tenements and mill structures, which are still occupied by current Matoaca Village residents. In addition, many early-to-mid 20th century structures (homes, churches, stores, etc.) compliment the inventory of historic and culturally significant resources of Matoaca Village, providing a sense of continuity and contributing to the Village's distinct sense of history and place. Goal 7 Ensure that new residential proposals are representative of, and compatible with, existing and anticipated area residential development: Actions that stabilize and improve the health of existing neighborhoods forestall decline and blight and contribute to the overall health of the larger community. Recommendation Use the Plan and the zoning process to encourage new residential subdivisions with sole access through an existing or planned subdivision to meet or exceed the average lot size of, and have a density equal to or less than, the existing subdivision. Residential developments of varying densities and lot sizes encourage variety in residential areas and offer County citizens a choice of neighborhoods, living environments and lifestyles. Limitations and opportunities: New subdivisions developing within the study area increase the availability of housing in this part of the County. However, such residential development should be designed to protect existing neighborhoods and enhance the larger community. jimc:\data\plans\matoaca\matplanS.doc 9 THE PLAN FOR CHESTE] Goal 8 tFIELD The Matoaca Village Plan Continue to require the manOato _ry use of the public water and wastewater systems: Use of the public water and wastewater systems will allow a flexibility of development that would not otherwise be possible. Recommendation · Amend the Subdivision iand Utilities Ordinances to require mandatory connection to the public water and wastew~ter systems. Limitations and opportunitieS: The Matoaca Village Plan sthdy area is taken from the geography of'the Southern and Western Area Plan. The Southern and Western Area Plan identified this part of the County as having adequate public water and wastewater service to serve future anticipated development, and recommended that the public water and wasteWater systems be 'uses. Subsequently, the Subdivision and Utilities Ordinances were amended to require use of the public water and wastewater systems. Goal 9 Provide a safe, efficient and cost effective transportation system: The County Thoroughfare Plan, which was originally Cdopted by the Board of Supervisors in 1989, identifies right-of- way classifications of existing roads, and right-of-waY classifications and general alignments of future roads. As development occurs inside the Matoaca Village Plan area, in other areas of the County, and in the region, road improvements will be needed in this Plan area to accommodate increasing traf tic volumes and reduce congestion. Recommendations · Adopt the recommender, Thoroughfare Plan as shown, including: (1) the reduction of River Road from a 90 foot wide Major Arterial to a 70 foot wide Collector between Matoaca Road and Hallbway Avenue; (2) the reduction of the future East/West Major Arterial between Church Road and Matoaca Road from a 90 fool: wide Major Arterial to a 70 foot wide Collector and relocating it further to the south; and (3) the addition of Pickett Avenue as a 70 foot wide Collector. · Use the zoning and development review processes to encourage development proposals to conform to the Thoroughfare Plan with respect to the construction of road improvements and the dedication of right-of-way. j imc: \data\plans\matoaca\matplan5. doc 10 THE PLAN FOR CHESTERFIELD The Matoaca Village Plan Use the zoning and development review process to encourage development proposals to include mitigation of their traffic impacts by providing road improvements and controlling the number of direct accesses to major arterial and collector roads. As improvements are provided on roads identified in the County's Bikeway Plan, consider incorporating bicycle facilities. An adequate transportation network helps reduce congestion by ensuring that roads accommodate the free flow of traffic and provide safe and efficient access to the regional transportation network. Limitations and Opportunities: In the Matoaca Village Plan area, the topography and existing development limits the opportunities to plan for additional new roads. The limited potential for new roads in this area of the County will make it necessary for existing roads to carry the majority of the traffic generated by future development. Without improvements, these roadways will become congested. The current Six-Year Improvement Program does not include any road improvement projects within the Matoaca Village Plan area. The County's Thoroughfare Plan recommends three new roadway facilities in the Matoaca Village area: North/South Freeway - this roadway is designated as a limited access facility extending from the future East/West Freeway north of the Plan area, across the Appomattox River to Interstate 85 in Dinwiddie County. It is also included on the Tri- Cities Thoroughfare Plan and Dinwiddie's Comprehensive Plan. It is recommended to have a right-of-way width of 200 feet within Chesterfield County. Interchanges are recommended at River Road, between Little Road and Church Road, and on Hickory Road, between Matoaca Road and Church Road. North/South Arterial - this roadway would provide a new connection between River Road, east of the Village Core and Hickory Road, and would then extend further north. This road is anticipated to be constructed in conjunction with future development. It is recommended to have a right-of-way width of 90 feet. East/West Collector - this roadway would extend from Little Road to Matoaca Road and is intended to primarily serve area development and local traffic. This road is anticipated to be constructed in conjunction with future development. This road is currently classified as a Major Arterial with a right-of-way width of 90 feet. It is recommended that this roadway be reduced to a Collector road, with a right-of-way width of 70 feet, and that the roadway be relocated further south, as shown. jimc: \data\plans\matoaca\matplan5.doc 11 THE PLAN FOR CHESTERFIELD The Matoaca Village Plan Due to the limited amount of new development in the southern area of the County, traffic volumes on roads in the Mhtoaca Village Plan area have remained relatively constant in past years. However, regardles~ of the level of future development within the Village area itself, increased development in the southern part of the County, and in the region as a whole, is anticipated to result in a significant increase in traffic volumes in the future. There are approximately li300 homes in the Matoaca Village Plm! area, and approximately eight (8) acres of commercial development. If the Village area, were to "build-out" in accordance with the land iuse recommendations of this Plan, another 3,600 homes and approximately twelve (12)!additional acres of co~ercial development could result. This level of new development Can be expected to add approximately 36,000 vehicle trips to area roads each day. River Road extends appro:Simately 26 miles through Chesterfield County, and is the major east/west travel route along ithe southern part of the CountY. In the Matoaca Village area, it is classified as a Primary Route in the state highway system. Residents have expressed the desire to have no major improvements made to River Road within the Matoaca Village Core. Several recommended goals for deyelopment in the Plan are intended to preserve the existing sir, all town character of the Mato~tca Village Core. PreserVing the area's small town setting by not making improvements to River Road could result in future traffic congestion. Staff has made a preliminary review of the possibilitY of creating a "Matoaca Bypass" to direct some of the traffic around, father than through, the Village Core. However, traffic traveling to and from Pickett Avenue, which is one of the few river crossings !in the southern part of the County, would continue to use River Road, regardless of whether a bypass was constructed. Several alternative alignmegts for a bypass route haVe been considered, two alternatives to the north of River Road and one alternative to the south. Each alternative would have impacts on existing and approved development, on environmental features, and possibly on historic areas. Depending on the route ~f the bypass, the alternatives that have been reviewed could potentially impact between 25 and 45 parcels of land, could have a direct impact on from 5 to 15 homes, and could cost, las a two-lane facility, approximately $20 million. More detailed review would be required tO determine the exact impacts and to verify the cost estimate. No public funds are anticipated ito become available in the foreseeable future for this facility. Due to the potential impacts of the bypass, it is not recommended as a part of this Plan. The County's Bikeway P1an was adopted by the Board of SuperVisors in 1989. The purpose of the Bikeway Plan is "to designate a coordinated system of bike facilities to connect County and State parks with other high bike traffic generators such as schools." In the Matoaca Village Plan area, River ROad, Hickory Road, and Church Road are designated in the Bikeway Plan as part of the "bikeway network" In accordance with the Bikeway Plan, staff will consider including bike facilities along these roads in conjunction with future road improvements. jimc: \data\plans\matoaca\matplan5.doc 12 THE PLAN FOR CHESTERFIELD The Matoaca Village Plan Staff will cominue to evaluate developmem proposals and recommend that mitigating road improvements are provided that will address their traffic impacts. The improvemems may include the construction of new roads, right-of-way dedications, pavement widening, horizontal and vertical alignment improvements, and ditch relocation to provide adequate shoulders. j imc: \data\plans\matoaca\matplan5. doc 13 THE PLAN FOR CHESTERFIELD The Matoaca Village Plan Land Use Categories Residential (0.5 dwelling per acre or less) suitable to R-88 zoning Residential (1 dwelling per acre or less) Residential (1.5 dwelling per acre or less) Residential (2.5 dwellings Per acre or less) Residences, and places of Worship, schools, parks and other similar public and semi-public facilities. Village Core A traditional center of the ct ~mmunity, comprised of a cohesive mix of residential, civic, religious, and commercial u~[es which are arranged along a main street and intersecting streets. ^ Village Core possesses a unique character that has evolved over time, reflecting a community's economic, social and cultural changes, and is defined by the mix of activities that take place there. · 1 Villages are not frozen in t~me, but evolve over the years with changes in the community. Such changes should be guided in ways that allow the Village Core to retain its unique sense of place. Specifically, a sucCessful Village Core retains a sense of place and community through the ways that variou~ growth issues are handled, such as: the type and character of commercial and residential ififill allowed within the Core; where new residential growth areas are located; and where new Commercial development would best fit within the Village fabric. Strip commercial developmegt, as well as typical suburban single-farnily residential subdivision patterns, are typically not consistent with the pattern of development within historic Villages and can det[act from the unique attractiveness of the existing Village Core. The following characteristicg help define the Village Core for the purposes of guiding future development and redevelopment in ways that preserve and enhance the Core as the heart and focus of a distinct community and place: A traditional center of socio~economic activity, with a mix of uses (commercial, civic, religious, and residential). Development densities are n,)t interrupted (although there may be some public space, like a park or green, within the Village Core). Development densities are consistently more compact than development outside the Village Core. Commercial activities are within, and part of, the traditional development pattern, and not on the outskirts. Such activities are smaller in scale than typical suburban commercial development, are pedestrian-oriented and incorporate design features that minimize views of parking facilities from public roads and area residences. j imc: \data\plans\matoaca\matplan5. doc 14 THE PLAN FOR CHESTERFIELD The Matoaca Village Plan The existing scale, site characteristics and architecture of commercial, institutional and residential buildings reflect patterns that occurred prior to the suburban patterns that evolved during the mid-to-late Twentieth Century. In general, new development and redevelopment should be modeled on the scale, site characteristics, architecture and pattern of development that predominate within the Village Core. Village Commercial The traditional social and commercial center of a village, comprised of a mix of residential, civic, religious, and commercial uses arranged along a main street and intersecting streets. New development should reinforce the unique character of the village by preserving and maintaining the village's existing scale, appearance, form and fimction. (C-2) Conservation/recreation Under circumstances that ensure compatibility with existing and/or anticipated area residential development, publicly owned land or land held in public or private trust for the purpose of preserving and promoting its natural function, character and/or historic significance (such as floodplains, resource protection areas, wildlife habitat, open space, conservation areas, historic sites, etc.). Public access for recreational purposes may also be appropriate. Generally, such areas should follow the line of the resource protection area or extend 300 feet landward from the edge of a stream or river bank, whichever is greater. Should such land be transferred to private ownership or other uses, the appropriate uses would be those that are compatible with surrounding existing or anticipated development, as reflected by existing land uses, zoning, and/or the recommended land uses shown on the adopted Plan. j imc: \data\plans\matoaca\matplanS. doc 15 Update the Visual Resources Inventory The Visual Resources Analysis, adopted with the Southern and Westem Area Plan, seeks to identify and preserve identified visual resources as new development occurs. The Zoning Ordinance seeks to protect these resources against encroachment, degradation or destruction 'to the maximum extent practicable'. Amend the Visual Resources Analysis, adopted with the Southern and Western Area Plan, to include existing and planned major arterial and collector roads within the Plan geography as scenic corridors. Visual resources.doc 1 Visual resources.doc 2 Amend the Southern and Western Area Plan Land Use Plan map The proposed Matoaca Village Plan includes a portion of the county that currently lies within the boundaries of the Southern and Western Area Plan. Should the Planning Commission recommend adoption of the Matoaca Village Plan, the Commission should also recommend that Southern and Western Area Plan be amended to reflect removal of the geography comprising the Matoaca Village Plan. Therefore, the Commission should recommend, with the adoption of the Matoaca Village Plan, the adoption of the attached amended Land Use Plan map for the Southern and Westem Area Plan. S&wplan amend AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 17-72 AND 17-84 RELATING TO MANDATORY USE OF WATER AND SEWER BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 17-72 and 17-84 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: Sec. 17-72. Improvements--Required. 000 (k) Connection to the county water supply system shall be required in any of the following circumstances except as may be waived by the planning commission per County Code section 18-63: 000 (4) When a lot is located within the areas of the sSouthern and ,,vWestem Area pPlan ~ or Matoaca Village Plan unless residential zoning was obtained for such subdivision prior to June 23, 1993, or; (5) When a lot is located within the area of the Ettrick Village Plan unless residential zoning was obtained for such subdivision prior to [date of adoption of this ordinance amendment] or; (-5-) (6) When a lot is located within the area of the Route 288 Corridor Plan ~ unless residential zoning was obtained for such subdivision prior to May 25, 1999. 000 (n) Connection to the county wastewater supply system shall be required in any of the following circumstances except as may be waived by the planning commission per County Code section 18-64: 000 (4) When the lot is located within the areas of the sSouthern and ,,vWestem Area.pPlan ~ or Matoaca Village Plan unless residential zoning was obtained prior to June 23, 1993. (5) When a lot is located within the area of the Ettrick Village Plan unless residential zoning was obtained prior to [date of adoption of this ordinance amendment] or; (6) When the lot is located within the area of the Route 288 Corridor Plan ~ adopted unless residential zoning was obtained prior to May 25, 1999. 000 Sec. 17-84. Standards for lots and parcels served by onsite sewage disposal systems. 000 ~ (c) No subdivision of land within the sSouthern and ,~Westem Area pPlan area for which residential zoning is obtained after June 23, 1993 may utilize onsite wastewater disposal systems unless all lots in such subdivision are at least one acre in size and located in those areas designated in the county's comprehensive plan for single-family residential use in the lowest density category. (Areas c-otor-ed4an on the sSouthem and ,,,,,Western Area.pPlan area land-a~ptan suggested for 1 to 5 acre lots suited to R-88 zoning.) (d) No subdivision of land within the Matoaca Village Plan for which residential zoning is obtained after June 23, 1993 may utilize onsite wastewater disposal systems unless all lots in such subdivision are at least one acre in size and located in those areas designated in the county's comprehensive plan for single-family residential use in the lowest density category_. (Areas on the Matoaca Village Plan suggested for 1 to 5 acre lots suited to R-88 zoning.) (e) No subdivision of land within the Ettrick Village Plan for which residential zoning is obtained after [date of adoption of this ordinance amendment] may utilize onsite wastewater disposal systems unless all lots in such subdivision are at least one acre in size. (-c--) LQ No subdivision of land within the Route 288 Corridor Plan ¢m~a for which residential zoning is obtained after May 25, 1999 may utilize onsite wastewater disposal systems unless all lots in such subdivision are at least one acre in size and located in those areas designated in the county's comprehensive plan for single-family residential use in the lowest density category. (Areas color-ed-tan on the Route 288 Corridor Plan suggested for residential (1 dwelling or less per acre).) 000 (2) That this ordinance shall become effective immediately upon adoption. 1923:62724.1 Revised 08/29/03 10:49 AM 000199 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 18-63 AND 18-64 RELATING TO MANDATORY USE OF WATER AND SEWER IN AREAS OF THE SOUTHERN AND WESTERN AREA PLAN, THE MATOACA VILLAGE PLAN AND THE ETTRICK VILLAGE PLAN BE 1T ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 18-63 and 18-64 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: Sec. 18-63. Mandatory water connections in certain areas. 000 (b) All structures which are located on property that is included in the Southern and Western Area Plan and Matoaca Village Plan described in the subdivision ordinance and which received zoning approval after June 23, 1993 shall connect to the water system. However, the following structures shall not be required to connect unless connection to the water system is otherwise required by law: (1) Temporary manufactured or mobile homes; (2) Structures that were authorized by conditional uses or special exceptions which were renewed after June 23, 1993; (3) Structures that are authorized by conditional uses or special exceptions that were granted after June 23, 1993 if the use that is permitted by the conditional use or special exception is incidental to a principal use that was previously allowed with a private well; (4) Governmental structures and institutional buildings; and (5) Residences that are located on lots that are exempt from the requirements of the subdivision ordinance: (c) All structures which are located on property that is included in the Ettrick Village Plan described in the subdivision ordinance and which received zoning approval after (date of adoption of this ordinance amendment) shall connect to the water system. However, the following structures shall not be required to connect unless connection to the water system is otherwise required by law: (1) Temporary_ manufactured or mobile homes; (2) Structures that were authorized by conditional uses or special exceptions which were renewed after (date of adoption of this ordinance amendment) 000200 Structures that are authorized by conditional uses or special exceptions that were granted after (date of adoption of this ordinance amendment) if the use that is permitted by the conditional use or special exception is incidental to a principal use that was previously allowed with a private well; Governmental structures and institutional buildings; and Residences that are located on lots that are exempt from the requirements of the subdivision ordinance. ¢---) (d) All structures which are located on property that is included in the Route 288 Corridor Plan~ ^~.,~ ..... ,,~ :~'.v ..... ... ~_. cc, mprehensive ~.,...--~--' described in the subdivision ordinance, and which received zoning approval after May 25, 1999 shall connect to the water system. However, the following structures shall not be required to connect unless connection to the water system is otherwise required by law: (1) Temporary manufactured or mobile homes; (2) Structures that were authorized by conditional uses or special exceptions which were renewed after May 25, 1999; (3) Structures that are authorized by conditional uses or special exceptions that were granted after May 25, 1999 if the use that is permitted by the conditional use or special exception is incidental to a principal use that was previously allowed with a private well; (4) Governmental structures and institutional buildings; and (5) Residences that are located on lots that are exempt from the requirements of the subdivision ordinance. ~,.,f'~x (e) For purposes of this section "structure" and "institutional building" shall have the same meaning as in the zoning ordinance. ~ (f) The planning commission may grant exceptions to subsections (b) and (c) during schematic plan, site plan or tentative subdivision review. The planning commission may also grant exceptions to subsections (b)~ and (c) and (d) to an applicant who files an application with the planning department on a form prescribed by the director of planning and who pays a fee of $260.00 to the planning department, if the applicant is not subject to the schematic, site plan or subdivision review process. The planning commission shall find that: The use of a private well will not adversely affect the ability to extend public water to other property; (2) The use of a private well will not encourage future development that is inconsistent with the comprehensive plan; and 000; 01 (3) The use of a private well is not reasonably likely to adversely affect the public health, safety or welfare. The planning commission may impose conditions to mitigate the impact of any exception that it grants. 000 Sec. 18-64. Mandatory wastewater connection in certain areas. (a) All structures which are located on property that is included in the sSouthern and ,,~Western aA_rea pPlan and Matoaca Village Plan described in the subdivision ordinance and which received zoning approval after June 23, 1993 shall connect to the wastewater system. However, the following structures shall not be required to connect unless connection to the wastewater system is otherwise required by law: (1) Single-family dwellings on lots which are at least 40,000 square feet in size and which are located in areas that are designated in the comprehensive plan for single- family residential use in the lowest density category (areas colored tan on the southern and westem area land use plan); (2) Temporary manufactured or mobile homes; (3) Structures that were authorized by conditional uses or special exceptions which were r enewed after June 23, 1993; (4) Structures that are authorized by conditional uses or special exceptions that were granted after June 23, 1993 if the use that is permitted by the conditional use or special exception is incidental to a principal use that was previously allowed with a septic system; (5) Governmental structures and institutional buildings; and (6) Residences that are located on lots that are exempt from the requirements of the subdivision ordinance. (b) All structures which are located on property that is included in the Ettrick Village Plan described in the subdivision ordinance and which received zoning approval after (date of adoption of this ordinance amendment) shall connect to the wastewater system. However, the following structures shall not be required to connect unless connection to the wastewater system is otherwise required by law: (1) Temporary manufactured or mobile homes; Structures that were authorized by conditional uses or special exceptions which were renewed after (date of adoption of this ordinance amendment); 000202 Structures that are authorized by conditional uses or special exceptions that were granted after (date of adoption of this ordinance amendment) if the use that is permitted by the conditional use or special exception is incidental to a principal use that was previously allowed with a septic system; (4) Governmental structures and institutional buildings; and Residences that are located on lots that are exempt from the requirements of the subdivision ordinance. (-b-) (c) All structures which are located on property that is included in the Route 288 Corridor Plan Area ~ shown ;'- *~' ....... ~-~;"~ plan described in the subdivision ordinance, and which received zoning approval after May 25, 1999 shall connect to the wastewater system. However, the following structures shall not be required to connect unless connection to the wastewater system is otherwise required by law: (1) Single-family dwellings on lots which are at least 40,000 square feet in size and which are located in areas that are designated in the comprehensive plan for single-family residential use in the lowest density category (areas colored tan on the Route 288 Corridor Plan). (2) Temporary manufactured or mobile homes; (3) Structures that were authorized by conditional uses or special exceptions which were renewed after May 25, 1999; (4) Structures that are authorized by conditional uses or special exceptions that were granted after May 25, 1999 if the use that is permitted by the conditional use or special exception is incidental to a principal use that was previously allowed with a septic system; (5) Governmental structures and institutional buildings; and (6) Residences that are located on lots that are exempt from the requirements of the subdivision ordinance. (-c---) (d) For purposes of this section, "structure," "single-family dwelling" and "institutional building" shall have the same meaning as in the zoning ordinance. (-d-) (e) The planning commission may grant exceptions to subsections (a), and (b) and (c) during schematic plan, site plan or tentative subdivision review. The planning commission may also grant exceptions to subsections (a), and (b) and (c) to an applicant who files an application with the planning department on a form prescribed by the director of planning and who pays a fee of $260.00 to the planning department, if the applicant is not subject to the schematic, site plan or subdivision review process. The planning commission shall find that: (1) The use of an on-site disposal system will not adversely affect the ability to extend public wastewater sewer to other property; 000;803 (2) The use of an on-site disposal system will not encourage future development that is inconsistent with the comprehensive plan; and (3) The use of an on-site disposal septic system is not reasonably likely to adversely affect the public health, safety or welfare. The planning commission may impose conditions to mitigate the impacts of any exception that it grants. (2) That this ordinance shall become effective immediately upon adoption. 1923:62729.1 000204 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING SECTIONS 19-100.1, 19-100.2, 19-100.3, 19-100.4, 19-100.5, 19-100.6, AND 19-100.7 RELATING TO R-C CONSERVATION SUBDIVISION RESIDENTIAL DISTRICTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-100.1, 19-100.2, 19-100.3, 19-100.4, 19-100.5, 19-100.6, and 19-100. 7 of the Code of the County of Chester{ield, 1997, as amended, are added to read as follows: ARTICLE IlL Districts (b) 19-100.7(a): OOO DIVISION 10.1. R-C Conservation Subdivision Residential District See. 19-100.1. Purpose and intent. The intent of this division is to create varied and healthy neighborhoods through the preservation of environmental, cultural and historical resources by requiting residential subdivisions that preserve rural vistas, historic sites and natural resources in conservation areas within subdivisions. See. 19-100.2. Permitted uses by rieht. The following uses shall be permitted by right in the R-C District: Those uses permitted by fight in the R-88 District. See. 19-100.3. Uses permitted with certain restrictions. The following uses shall be permitted in the R-C District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: Uses permitted with restrictions in the R-88 District. The following uses shall be permitted within the conservation areas required by section (1) Active recreational facilities primarily serving the surrounding residential community, provided that: A maximum of 10%, but no less than two (2) acres, of the designated conservation areas may be used for community buildings and active recreation facilities (tennis courts, swimming pools, etc.) with accessory_ O00e05 (3) (4) parking, as long as such recreational facilities and parking areas are located and designed so as to minimize impacts on rural vistas, historic sites and/or natural resources. bo With the exception of playground areas which accommodate swings, jungle gyms, or similar such facilities, all outdoor playfields, courts, swimming pools and similar active recreational areas shall be located a minimum of 100 feet from any single family residential lot line and a minimum of 50 feet from any public road. Nothing herein shall prevent development of indoor facilities and/or parking within the 100 feet. Within the 100 foot setback, a 50 foot buffer shall be provided along the perimeter of all active recreational facilities except where adjacent to any public road. This buffer shall conform to the requirements of the zoning ordinance for 50 foot buffers. Any playground areas (i.e., areas accommodating swings, jungle gyms or similar such facilities) shall be located a minimum of 40 feet from all property lines. A 40 foot buffer shall be provided along the perimeter of all such recreational facilities except where adjacent to any public roads. This buffer shall conform to the requirements of the zoning ordinance for fifty (50) foot buffers. d. There shall be no outside public address system or speakers. Farming, not including stock or dairy_ farming, but including all buildings and structures necessary_ to such uses and the keeping, storage or operation of any vehicle or machinery_ necessary to such uses, provided that: Such activities and facilities shall be located a minimum of 75 feet from any single family residential lot line. bo Such activities requiring the operation of tractors, combines, or other internal combustion powered equipment shall be restricted to between the hours of 7:00 a.m. and 9:00 p.m. Passive recreational facilities (walking and riding trails, etc.) provided that trails shall be located a minimum of 25 feet from any adjacent property or any single family residential lot line. Stock farms, provided that: Such activities are limited to the keeping of horses. b. Pasture areas, barns or stables shall be shall be set back a minimum of 75 feet from any adjacent property or any single family residential lot line and shall be cleaned and made 000206 free of waste on a regular basis and shall be maintained in such a way as to control the propagation of insects. Sec. 19-100.4. Accessory uses, buildings and structures. The following accessory uses, buildings and structures shall be permitted in the R-C District: Those accessory uses, buildings and structures permitted in the R-88 District. Sec. 19-100.5. Conditional uses. The following uses may be allowed by conditional use in the R-C District, subject to the provisions of section 19-13: Those conditional uses permitted in the R-88 District. Sec. 19-100.6. Special exceptions. The following uses may be allowed as special exceptions in the R-C District, subject to the provisions of section 19-21: Those uses permitted as special exceptions in the R-88 District. Sec. 19-100.7. Required conditions. The conditions specified in this section shall be met in the R-C District. (a) Conservation areas. Residential subdivisions shall be designed with a minimum of 50% of the land area, exclusive of collector and arterial roads, in permanent conservation areas. The primary_ purpose of conservation areas shall be to preserve rural vistas (ponds, pastures, working fields, wood lots, etc.) as viewed from existing and proposed collector and arterial roads, and historic sites, by excluding such areas from lot development. A secondary purpose shall be to preserve and promote natural resources (floodplains and wetlands, land forms such as hills and swales, streams and adjacent natural areas, wildlife habitat, etc.) by also excluding such areas from lot development. Such areas may include facilities for passive recreation (walking and riding trails, etc.). Such areas shall be set aside for the use and enjoyment of all residents of the development and shall be placed in the ownership of, or subject to a recorded easement in favor of, a homeowners association or a non-profit land trust, which can manage the areas for the benefit of the homeowners. Alternatively, such areas may be set aside for the use and enjoyment of the public and placed in the ownership of, or subject to a recorded easement in favor of, the county or a non-profit land trust, which can manage the areas for the benefit of the public. (b) Lot area andwidth. Each lot shall have an area of not less than 12,000 square feet and a lot width of not less than 90 feet. (c) Percentage of lot coverage. All buildings, including accessory buildings, on any lot shall not cover more than 30 percent of the lot's area. (d) Front yard. Minimum of 35 feet in depth. On lots located along cul-de-sacs, if the radius of the cul-de-sac is 40 feet or less, the building setback around the cul-de-sac shall be at least 30 feet. Where the 000207 radius of the cul-de-sac is more than 40 feet, the building setback need not be more than 25 feet. Minimum setbacks shall be increased where necessary_ to obtain the required lot width at the front building line. Through the subdivision process, an additional setback of up to 25 feet may be added to the minimum setback, if the lot is located along an arterial or collector street. This additional setback requirement will be noted on the record plat. Side yard. Two side yards, each a minimum of 10 feet in width. (f) Comer side yard. Minimum of 30 feet; except a comer lot back to back with another comer lot shall have a comer side yard not less than 20 feet. Rear yard. Minimum of 25 feet in depth. (2) That this ordinance shall become effective immediately upon adoption. 1923:62732.1 Revised 08/27/03 l:23PM 000205 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19-600, 19-606, 19-609, 19-611, AND 19-612 RELATING TO DEVELOPMENT REQUIREMENTS FOR THE MATOACA VIIJlJAGE CORE VILLAGE COMMERCIAL AREA BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-600, 19-606, 19-609, 19-611, and 19-612 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: ARTICLE VII. DEVELOPMENT STANDARDS MANUAL 000 DIVISION 3. DEVEIJOPMENT REQUIREMENTS - OFFICE, COMMERCIAL AND INDUSTRIAL 000 Subdivision IV. Development Requirements--Post Development Areas ooo Sec. 19-600. Areas of applicability and exemptions. OOO 000 Subdivision V. Development Requirements - Village District ooo Sec. 19-606. Areas of applicability and exemptions. ooo (9) The Matoaca Village Core Village Commercial Area, comprised of that area suggested for village commercial uses in the Matoaca Village Plan. OOO Ooo,e.o Sec. 19-609. Setback requirements for O and C and I Districts. OOO (h) Matoaca Village Core Village Commercial Area: The minimum setbacks for all buildings, drives, and surface and deck parking areas shall be as follows: (1) Setbacks along River Road and Pickett Avenue: The minimum setback along River Road and Pickett Avenue for buildings shall be 15 feet from the ultimate right of way with the installation of perimeter landscaping G. The maximum setback shall be 25 feet with landscaping G. bo The minimum setback along River Road and Pickett Avenue for drives and parking shall be 25 feet with the installation of perimeter landscaping G provided, however, that no parking or associated driveway shall be any closer to the road than the face of any building along the road. (2) Front setbacks: The minimum front setback along rights-of-way other than River Road and Pickett Avenue for buildings, drives and parking shall be 15 feet with the installation of perimeter landscaping G. Comer side setbacks: The minimum comer side setback along rights-of-way other than River Road and Pickett Avenue for buildings, drives and parking shall be 15 feet with the installation of perimeter landscaping G. (4) Side setbacks: Except as noted below, the minimum side setback for buildings shall be seven and one-half feet with the installation of perimeter landscaping A. When abutting an O or C District, the minimum setback shall be zero feet. (b) Except as noted below, the minimum side setback for drives and parking areas, shall be seven and one-half feet with the installation of perimeter landscaping F. When abutting an O or C District, the minimum setback shall be zero feet. (5) Rear setbacks: 0002 .0 Except as noted below, the minimum rear setback for buildings shall be 25 feet with the installation of perimeter landscaping B. When abutting an O or C District, the minimum setback shall be zero feet. (b) Except as noted below, the minimum rear setback for drives and parking areas shall be 25 feet with the installation of perimeter landscaping B. However, the minimum setback may be reduced to seven and one-half feet with the installation of perimeter landscaping F. Setbacks for gasoline pumps or other accessory uses: Gasoline pumps, canopies and drives serving gasoline pump islands or other accessory uses shall be separated from River Road and Pickett Avenue by a building or buildings served by such facilities. OOO Sec. 19-611. Architectural treatment. OOO (b) Within the Matoaca Village Core Village Commercial Area: (1) New development shall be compatible with the pedestrian scale and historic village character of Matoaca Village. New or altered buildings should be generally consistent in height, scale, massing (shape) and materials with existing structures in the village. (2) All new buildings and building additions shall be compatible with late 19th or early 20th Century_ residential architecture. Design features shall include, but not be limited to, style, articulation, size and location of doors and windows, architectural ornamentation, and use of materials such as brick and/or siding for exterior walls and asphalt shingle, simulated slate and/or standing seam metal for roofs. Nothing in this section shall preclude the use of imitation or artificial materials or elements, so long as such materials and elements are similar in appearance, style, detail and design to the materials used in late 19th or early 20th Century residential architecture. (3) Architectural treatment of all buildings shall be compatible with buildings located within the same block or directly across any road, as determined by the Director of Planning. At locations where the existing buildings do not conform to late 19th or early 20th Century residential architecture, the Director of Planning may approve a new architectural treatment or theme. Compatibility may be achieved through the use of similar building massing, materials, scale, colors or other architectural features. 0002,:1. (4) Buildings adiacent to River Road or Pickett Avenue provide a pedestrian entrance from River Road or Pickett Avenue and shall appear to have a main entrance facing the public right of way. On comer side yards, the building may front either right of way. t~.x~.~ (c) Within all other village districts: 000 Sec. 19-612. Heights~ and Building Gross Floor Area. The maximum height of all buildings within any O, C or I district shall be as specified in this section, except as provided in section 19-507 and 19-507.1_. (1) Midlothian Village Core, Chester Village Corridor East, Matoaca Village Core Village Commercial Area: No structure shall exceed a height of two and one-half stories or 30 feet, whichever is less. Within the Matoaca Village Core Village Commercial Area, individual buildings shall not exceed 8,000 square feet of gross floor area provided, however, churches and other places of worship, schools, and other public and semi-public facilities such as libraries and fire stations shall not exceed 20,000 square feet of gross floor area. 000 (2) That this ordinance shall become effective immediately upon adoption. 1923:62733.1 Revised 08/27/03 l:48PM 0002 .2 An Affiliate of IVledia Genera~ Richmond, Virginia 23293-0001 (804) 649-6000 Advertising Affidavit (This is not a bilk. P~ease pay from invoice) LA~cc?unt Nu. ?.: f 2208;06 Date Code Description Ad Size TAKe NOTICF, TAKF. N©TI'CF, THAT TI4F, P~©ARD O 2 00 x 63.00 IVledia General Operations, Inc. Publisher of THE RICHMOND TIMES-DISPATCH This is to certify that the attached TAKF, NOTICF. TAKF. N©T[C-~ Was published by Richmond Newspapers, Inc, in the City of RiCh~ond, State of Virginia, on the f(illowing dates: 10/29/2003 11/05/2003 The first insertion being given .... Newspaper reference: 1563498 Sworn to and subscribed before me this_ ob _ Notary Public State of Virginia City of Richmond MY CommiSsion expires Supervisor PLEASE PAY FROM INVOICE. THANK YoU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: November 12, 2003 Item Number: ~'I.F. Subiect: Public Hearing to Consider an Amendment to the Zoning Ordinance Relating to Signs in County Owned Road Rights of Way County Administrator's Comments: County Administrator: Board Action Requested: The Planning Commission and staff recommend the Board of Supervisors adopt Zoning Ordinance amendment as shown in Attachment B, relative to signs in county owned road rights of way. Summary of Information: At Mr. McHale's request, the Board of Supervisors sent the zoning ordinance amendment shown in Attachment A to the Planning Commission for public hearing and recommendation. On September 16, 2003 the Planning Commission held their public hearing with two (2) people speaking in favor of and no one speaking in opposition to the change. The Commission recommended adoption of the amendment shown in Attachment B. This would restrict the placing of signs in County owned road rights of way to office, commercial, industrial and mixed use projects along all or part of Courthouse, Harrowgate and Huguenot Roads and Routes 1, 10, 60 and 360. The zoning ordinance currently permits signs within the ultimate road right of way if the right of way has not been acquired by the County. Signs are not permitted within the ultimate right of way once the County has acquired it. Preparer: Thomas E. Jacobson Attachments: Yes Title: Director of Planninq C:DATA/AGENDA/2003/OCT8.3/GOK CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Commercial developers typically dedicate the ultimate road right of way to the County, which can cause their signs to be setback farther from the road. In some cases, this greater setback, combined with requirements to maintain trees along the property frontage, reduces visibility of project signs. Attachment C shows a situation that could exist along Route 1 under the current requirements. The proposed ordinance amendment would allow the Board of Supervisors to grant licenses to place signs in the County owned ultimate road right of way with the requirement that the sign must be relocated at no cost to the County or State. Through the license process, County staff would review the request and, based on traffic safety, anticipated road construction time and other factors, would make a recommendation relative to granting the license. The Board of Supervisors would make the final decision after holding a public hearing on the request. This amendment will allow additional signs to be placed within the ultimate road right of way. As roads are widened, property owners will be required to relocate those signs at their cost. Some owners may be reluctant to pay this cost, which would create additional work for CDOT, VDOT and/or the Planning Department. 000 I4 ATTACHMENT A AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-636 RELATING TO SIGN DESIGN AND SETBACK REQUIREMENTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-636 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-636. Sign design and setback requirements. (a) With the exception of signs permitted to be placed in the right-of-way pursuant to section 19-635(f), all signs, including directional signs, shall be set back a minimum of 15 feet from all property lines, unless a greater setback is specified by conditions of zoning, approved site or subdivision plans, or by this chapter. (b) Along public rights-of-way, the setback may be reduced to a minimum of 20 feet from the edge of the pavement or the face of curb, but in no case shall the sign be set back less than one foot from the property line, provided the sign shall be relocated to conform to the requirements herein at the time the adjacent road is widened. (c) way line. Within any village district, the sign setback shall be five feet from the right-of- (d) Along roads which have proposed right-of-way expansion, as delineated in the comprehensive plan, if such right-of-way has not been acquired, signs may be located within the proposed right-of-way, provided the sign shall be relocated to conform to the setback requirements upon acquisition of the right-of-way. (e) Along roads where the right-of-way for future expansion has been acquired by the county, signs may be placed within the right-of-way subject to a license approved by the board of supervisors. The license shall require the owner of the sign to relocate the sign to conform to the setback requirements of the zoning ordinance at no cost to the county or state upon request of the county or state. (-e-) (f) Landscaping: Except for new signs within paved areas, existing as of April 25, 2001, grass, live groundcover, shrubs and trees consistent with other plantings shall be provided around each individual permanent freestanding sign. The landscaping required by this section shall be depicted on the site or landscaping plans. (4) (g) Illumination. (1) External lighting shall be limited to white lighting and shall not be blinking, fluctuating or moving. External lighting shall be provided by concealed and/or screened spots or floods and shall be arranged and installed so as not to cause 1293:62240.1 Revised 07/08/03 3:34 PM (2) glare in a~ any adjoining R, R-TH, R-MF or A district or public right-of-way. If external lighting is used, the sign shall not be internally illuminated. However, incidental lighting of buildings shall not be considered to be external lighting of signage. (2) Internal lighting shall be contained within translucent copy and internally illuminated sign boxes, provided the area illuminated for sign boxes is restricted to the sign face only. The illumination shall not cause glare on any adjoining R, R-TH, R-MF or A district or public right-of-way. If internal illumination is used, external lighting shall not be allowed. However, incidental lighting of buildings shall not be considered to be external lighting of signage. (3) School and church signs located in residential or agricultural districts shall not be illuminated between the hours of 10 p.m. and 6 a.m., subject to section 19-500. That this ordinance shall become effective immediately upon adoption. 1293:62240.1 Revised 07/08/03 3:34 PM 00021.6 ATTACHMENT B AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-636 RELATING TO SIGN DESIGN AND SETBACK REQUIREMENTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-636 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-636. Sign design and setback requirements. (a) With the exception of signs permitted to be placed in the right-of-way pursuant to sections 19-635(0 and 19-636(e), all signs, including directional signs, shall be set back a minimum of 15 feet from all property lines, unless a greater setback is specified by conditions of zoning, approved site or subdivision plans, or by this chapter. (b) Along public rights-of-way, the setback may be reduced to a minimum of 20 feet from the edge of the pavement or the face of curb, but, except as permitted in section 19-636(e), i~ no c~tse~,hag-tb~ sign shall be set back less than one foot from the property line, provided the sign shall be relocated to conform to the requirements herein at the time the adjacent road is widened. (c) Within any village district, the sign setback shall be five feet from the right-of- way line. (d) Along roads which have proposed right-of-way expansion, as delineated in the comprehensive plan, if such right-of-way has not been acquired, signs may be located within the proposed right-of-way, provided the sign shall be relocated to conform to the setback requirements upon acquisition of the right-of-way. (e) Along the following roads where the right-of-way for future expansion, as delineated in the comprehensive plan, has been acquired by the county free and unrestricted, signs for office, commercial, industrial and mixed use projects may be placed within the county owned right-of-way subject to a license approved by the board of supervisors. The license shall require the owner of the sign to relocate the sign to conform to the setback requirements of the zoning ordinance at no cost to the county or state upon request of the county or state. Route 60 between (2) Route 60 between (3) Route 360, (4) Route 10 between (5) Route 10 between (6) Huguenot Road, (8) Harrowgate Road, the Powhatan County line and Winterfield Road, Old Buckingham Road and the Richmond City line, the Richmond City line and Buckingham Street, Jefferson Davis Highway and the Hopewell City line, Courthouse Road between Route 60 and Route 360, 1923:62240.2 Revised 09/16/03 0O021.'7 (9) Jefferson Davis Highway (-e-) (f) Landscaping: Except for new signs within paved areas, existing as of April 25, 2001, grass, live groundcover, shrubs and trees consistent with other plantings shall be provided around each individual permanent freestanding sign. The landscaping required by this section shall be depicted on the site or landscaping plans. (-F) (g) Illumination. (1) External lighting shall be limited to white lighting and shall not be blinking, fluctuating or moving. External lighting shall be provided by concealed and/or screened spots or floods and shall be arranged and installed so as not to cause glare in an any adjoining R, R-TH, R-MF or A district or public fight-of-way. If extemal lighting is used, the sign shall not be intemally illuminated. However, incidental lighting of buildings shall not be considered to be external lighting of signage. (2) Internal lighting shall be contained within translucent copy and internally illuminated sign boxes, provided the area illuminated for sign boxes is restricted to the sign face only. The illumination shall not cause glare on any adjoining R, R-TH, R-MF or A district or public right-of-way. If internal illumination is used, external lighting shall not be allowed. However, incidental lighting of buildings shall not be considered to be external lighting of signage. (3) School and church signs located in residential or agricultural districts shall not be illuminated between the hours of 10 p.m. and 6 a.m., subject to section 19-500. (2) That this ordinance shall become effective immediately upon adoption. 1923:62240.2 Revised 09/16/03 0002 .$ 0002~.9 P~ ©~ ~o× ~5333 Richmond, Virginia 23293-0001 An Affiliate of Media Genera] (804) 649-6000 Advertising Affidavit (This is not a bill. Please Pay from invoice) t 220806 l '~/0q/)00g I Date Code Description Ad Size Total Cost ] TAKF. NOTICRTAKE N()T'ICF. THAT THR R©ARD O ZOO x 25 00 ATTACH HERE Media General Operations, Publisher of THE RICHMOND TIMES-DISPATCH This is to certify that the attached TAKE N©TICETAKF. NOTtC~r Was PubliShed ~¥ Richmond Newspapers, Inc. in the City of Richmond, State of VirBinia, on th~ f~llowing dates: 10/29/2003 11/05/2003 The first insertion being given Newspaper reference: 1557045 Sworn to and subscribed before me this ('- © .... State of Virginia Ci~ of Ricfimond . ~ Supervisor HiS IS NOT A B~LL PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: November 12, 2003 Item Number: !I,G. Subject: Public Hearing to Consider an Amendment to the Subdivision Ordinance Relating to Lots Impacted by Wetlands, Floodplains and/or Resource Protection Areas County Administrator's Comments: County Administrator: Board Action Requested: The Planning Commission and staff recommend the Board of Supervisors adopt the attached subdivision ordinance amendment relative to lots impacted by wetlands, floodplains and/or RPA's. Summary of Information: On September 16, 2003 the Planning Commission held their public hearing on the attached subdivision ordinance amendment. One person spoke in favor of and no one spoke in opposition to the amendment. The Planning Commission voted unanimously in favor of adopting the amendment. The amendment would assure that new subdivision lots substantially divided by environmental features such as wetlands, RPA's, or floodplains will contain a usable building site and area for outdoor activity outside the environmentally sensitive area. To accomplish this, each newly recorded lot that is substantially impacted by the previously mentioned environmental features would have to contain a minimum contiguous area of not less than 9,000 square feet(SF) that is: 1. Exclusive of the environmental features, and 2. Located between the street frontage and the environmental features. Preparer: Thomas E. Jacobson Title: Director of Planning C:DATAIAGENDAI2OO31NOVlHAINLEYIGOK Attachments: Yes ~ No O00Z20 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 These requirements will not apply to: 1. Residential townhouse lots, 2. Lots that contain a fifteen (15) foot wide access around or through the environmental feature, 3. Lots that are permitted by zoning conditions to be smaller than 9,000 square feet so long as that smaller area is maintained between the road and the environmental feature and 4. Lots where the United States Army Corps of Engineers (USACOE) and any state regulatory agency having jurisdiction approve a crossing of the environmental features. The attached sketches illustrate portions of subdivisions that would be effected by the ordinance amendment. These sketches are based on recorded subdivision lots for illustrative purposes only. The proposed standards will not apply retroactively to previously recorded lots but only to lots receiving tentative subdivision approval after the date of adoption. Sketch A illustrates two (2) lots that do not have the required 9,000 square feet (SF) between the road and the environmental feature. If this amendment is adopted and this was a subdivision submitted for tentative approval, these lots would have to be redesigned. Sketch B illustrates one method to be able to record the two (2) lots noted in Sketch A. This scenario assumes the developer has obtained approval from the USACOE and the appropriate state agencies to impact a portion of the wetlands for access purposes. With this approval, these lots could be recorded. Sketch C illustrates a lot that does not have the required 9,000 SF adjacent to the street but has an area fifteen (15) feet in width outside the environmental feature. This lot could be recorded as shown. O00ZZ1 ;Sketch: A 9 ~ 10 LOTS 9 AND 10 DO NOT HAVE A 9000 SF AREA BETWEEN THE STREETAND THE RPA. THE LOTS WOULD HAVE TO BE REDESIGNED. 000222 9 '",, 10 , STR~T Sketch: B LOTS 9 AND 10 DO NOT HAVE A 9000 SF AREA BETWEEN THE STREETAND THE RPA. THE DEVELOPER HAS OBTAINED PERMISSION TO IMPACT THE RPA. THE LOTS COULD BE RECORDED. 000223 / ? / / // i Sketch: C / \ / / 5:2 , / LOT 52 COULD BE RECORDED SINCE THE FLOODPLAIN DOES NOT DIVIDE THE LOT. / / 000;8;84 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 17-83 RELATING TO LOT AND PARCEL STANDARDS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 17-83 of the Code of the County of Chesterfield, 1997, as amended, is amended and re- enacted to read as follows: Sec. 17-83. Minimum requirements. 000 re(l) All lots that receive tentative approval after (INSERT EFFECTIVE DATE OF AMENDMENT), and which are substantially divided by environmental features such as wetlands, RPA's, or floodplains with a combined drainage basin exceeding fifty (50) acres, shall contain a minimum contiguous area of not less than 9,000 square feet that is: ao exclusive of the environmental features, and located adjacent to the required street frontage and between the street frontage and the environmental features. (2) For purposes of this subsection, a lot shall not be considered to be substantially divided if an existing natural and continuous accessway, a minimum of fifteen (15) feet in width, provides access from the front of the lot to any proposed building envelope that is not adjacent to the street frontage. (3) The requirements of this subsection shall not apply to: ao residential townhouse lots, lots that are permitted by zoning conditions to be less than 9,000 square feet, provided that the lot contains a minimum contiguous area equal to or greater than the minimum lot size required by the zoning conditions, and c_ lots where: the United States Army Corps of Engineers and any state regulatory agency having iurisdiction approves a crossing of the environmental features, and ii. the minimum contiguous area exclusive of the environmental features is not less than 9,000 square feet, and 111. the minimum contiguous area is located on that portion of the lot that is connected by the crossing. The size of drainage structures 000225 for any such crossing shall also satisfy the requirements of the Department of Environmental Engineering's Reference Manual. (2) That this ordinance shall become effective immediately upon adoption. 1923:62544.1 Revised 08/08/03 10:34 AM 000226 An Affiliate of Media General CHF.~TER Ft'F.'[ P.O. Box 85333 Richmond, Virginia 25293-0001 (804) 649~6000 CHEST}qRFIFJ D Code DeScripti°n Ad Size IAccount Num. ] 220g06 To Tcost I TAKkX N©TICF, TAKF, N©T~CF, TF[AT TI~R gOARD O ZOO x 24_00 ATTACH Media General Operations, Inc. Publisher of THE RICHMOND TIMES-DISPATCH This is to certify that the attached TAKE NOT~CF, TAKF, NOTIC~ was published ~Y Richmond Newspapers, Inc. in the City of Richmond, State of Virginia, on th~ fr~llowing dates: 10/29/2003 11/05/2003 The first insertion being given Newspaper reference: Sworn to and subscribed before me this_ State of Virginia City of Richmond Notary Public 1557049 Su 10/29/200'¢ ~y Commission expires THIS IS eT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 12, 2003 Item Number: Subject: Public Hearing to Consider a Zoning Ordinance Amendment to Change Certain Special Exceptions to Conditional Uses County~dministrator's Comments: ~,~/r County Adm.nistrator: P,~/~ Board Action Requested: The Planning Commission recommends the Board of Supervisors adopt an amendment to the Zoning Ordinance (Exhibit B) to change certain Special Exceptions to Conditional Uses. Summary of Information: The Planning Commission held a public hearing on August 19, 2003, and on September 16, 2003 and recommended adoption of a Zoning Ordinance amendment (Exhibit B) to change certain Special Exceptions to Conditional Uses. The changes, as recommended by the Planning Commission, would continue to allow Special Exceptions for one-chair beauty shops and private kennels. The change would require a Manufactured Home Permit from the Board of Supervisors versus a Special Exception from the Board of Zoning Appeals for a manufactured home necessitated due to the dwelling unit being uninhabitable by fire or act of God. Given the recent catastrophic events, the Board may wish to instruct the Planning Commission to study the possibility of allowing temporary manufactured homes as restricted uses in residential districts when such events render the dwelling unit uninhabitable. The workload impact of changes will be monitored at a later date, additional staffing may be required to accommodate any changes. Preparer: Thomas E. Jacobson Attachments: Ycs ~-]No Title: Director of Planning C:DATA/AGENDA/2OO31OCTIllg~fc ATTACHMENT i BACKGROUNDs On April 9, 2003, the Board of Supervisors directed staff to review the current Ordinance to determine those Special Exceptions which are of such scale and land use impact that they would more appropriately be reviewed by the Planning Commission and Board of Supervisors through the Conditional Use process. From FY00 through FY03, the Board of Zoning Appeals will have considered ninety-six (96) Special Exceptions on property zoned residential or agricultural. These Special Exceptions cover a wide range of uses as noted in the attached table titled "Special Exceptions - R and A Zoning Districts." In staff's opinion, approximately two- thirds (2/3) of those requests were for uses that have the potential of significantly impacting surrounding neighborhoods. The largest volume of Special Exceptions was for businesses operated from the home. These businesses can be operated out of the home, in an accessory building or outdoors. The Zoning Ordinance does not restrict the type of business permitted by Special Exceptions provided the owner or operator of the business lives on the property. Therefore, these businesses ranged from one (1) chair beauty shops to accountants, dentists, various construction trades, wrecker services, exterminators, bed and breakfasts, public meeting places, various vehicle repair services, cabinet shops, etc. In staff's opinion, the business with the least impact on surrounding neighborhoods is one (1) chair beauty shops. The attached draft Ordinances would reclassify most Special Exceptions to Conditional Uses. Ordinance Exhibit A would require that one (1) chair beauty shops and private kennels obtain Conditional Use permits, while Ordinance Exhibit B would allow such uses by Special Exception. The effect of both Ordinances is to essentially eliminate the ability to obtain a Special Exception in any residential district and to require that those uses obtain a Conditional Use. The one (1) exception would be if the Board decides to continue to allow one (1) chair beauty shops from the home and private kennels as Special Exceptions (Ordinance Exhibit B)as recommended by the Planning Commission. If this amendment is adopted, individuals who wish to renew a Special Exception or amend conditions of a Special Exception would make an application for a Conditional Use. Had the changes outlined in Ordinance Exhibit A been in force from FY00 through FY03, approximately eighty (80) cases would have been removed from the Board of Zoning Appeals workload and added to the Planning Commission and Board of Supervisors caseload. Since these requests are frequently in residential areas and can generate considerable neighborhood interest, the workload for zoning staff, the Planning Commission and Board of Supervisors is expected to increase. If adopted, staff will monitor the workload impact. Should it be determined at a later date to have had a significant impact on staff workload funding for additional staff or other resources may be sought. A??ACI-I~EN? 2 Special Exceptions - R and A zoning districts - FY00-03 Category of Special Exception Nonprofit legal service facilities Nonprofit civic, social and fraternal clubs and lodges Cemeteries and graveyards Rescue squads and fire stations. Government buildings Greenhouses, hothouses and plant nurseries Business from the home*...one chair beauty shop Business from the home*...all other Mobile home...residence uninhabitable by fire or act of God Yard sales which exceed two days in duration Kennel, private Temporary manufactured or mobile homes Stock or dairy farms on less than three acres Total requests * Business may be inside any building or outside on the lot or parcel Case 0 0 0 0 0 14 15 96 Special Exception Conversion Chart Current - all special exceptions Nonprofit legal service facilities Nonprofit civic, social and fraternal clubs and lodges Cemeteries and graveyards Rescue squads and fire stations. Government buildings Greenhouses, hothouses and plant nurseries Business from the home...one chair beauty shop Business from the home*.., all other Mobile home...residence uninhabitable by fire or act of God Yard sales which exceed two days in duration Kennel, private Temporary manufactured or mobile homes Stock or dairy farms on less than three acres Proposed by Planning Commission (Exhibit B) Conditional Use Conditional Use Conditional Use Conditional Use Conditional Use Conditional Use Special Exception Conditional Use Manufactured Home Permit Conditional Use Special Exception Special Exception Conditional Use * Business may be inside any building or outside on the lot or parcel 000229 Exhibit A 2623:62222.1 Revised 07/25/03 9:48 AM AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 1,9-65, 19-66, 19-67, 19-68 AND 19-124 AND ADDING SECTIONS 19-68.1, 19-73.1, 19-78.1, 19-83.1, 19-88.1 AND 19-93.1 RELATING TO SPECIAL EXCEPTIONS AND CONDITIONAL USES IN RESIDENTIAL AND AGRICULTURAL DISTRICTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-65, 19-66, 19-67, 19-68, and 19-124 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted and Sections 19-68.1, 19-73.1, 19-78.1, 19-83.1, 19-88.1 and 19-93.1 are added to read as follows: Article III. Districts ooo Division 4. R-88 Residential District ooo Sec. 19-65. Uses permitted with certain restrictions. The following uses shall be permitted in the R-88 District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: ooo (c) Yard sales, as accessory_ to a principal use, provided that they do not exceed two days in duration. Sec. 19-66. Accessory uses, buildings and structures. The following accessory uses, buildings and structures shall be permitted in the R-88 District: ooo v,Jt~'x (g) Other accessory uses, buildings and structures not otherwise prohibited, customarily accessory and incidental to any permitted use. 000230 Sec. 19-67. Conditional uses. The following uses may be allowed by conditional use in the R-88 District, subject to the provisions of section 19-13: 000 (o) Provided the owner or operator of the business resides on the premises, a business operated on a lot or parcel inside or outside of a dwelling unit or accessory building, but not to include massage clinics, certified massage therapists or one chair beauty shops. (P) Provided the owner or operator of the business resides on the premises, one chair beauty shops on a lot or parcel inside of a dwelling unit or accessory building. (q) Nonprofit legal service facilities. Nonprofit civic, social and fraternal clubs and lodges; nothing in this subsection shall be construed to include fraternities or sororities operating in conjunction with any public or private school or college. (s) Cemeteries and graveyards. (t) Emergency rescue squad and fire station buildings and grounds. Government buildings. (v) Greenhouses, hothouses and plant nurseries at which their products are sold or offered for sale. (w) Kennel, private. Subject to the following requirements other uses that are not specifically enumerated in this chapter and that are of the same general character as the specifically enumerated uses allowed in this district. Before the planning commission and board of supervisors hear an application pursuant to this subsection, the director of planning shall consider, among other things, the following: the size and proposed configuration of the site; the size, height and exterior architectural appearance of any proposed structure or structures; noise; light; glare; odors; dust; outdoor activities; traffic; parking; signage; and hours of operation. Based on these considerations, he shall determine that the proposed use's operating characteristics are substantially similar to, and its impact on neighboring properties no greater than, the operating characteristics and impacts of the specifically enumerated uses allowed in this district. Sec. 19-68. Special exceptions. The following uses may be allowed by special exception, subject to the provisions of section 19-21: None. /!,.,% Sec. 19-68.1. Manufactured Home Permit. The Board of Supervisors may grant a permit with or without conditions for a temporary_ manufactured home provided the manufactured home is necessary_ because the principal residence located on the premises has been rendered uninhabitable by fire or Act of God. Such manufactured home need not meet the required conditions of the district as deemed appropriate by the Board of Supervisors at the time the permit is granted. 000 Division 5. R-40 Residential District 000 Sec. 19-73.1. Manufactured Home Permit The Board of Supervisors may grant a permit with or without conditions for a temporary manufactured home provided the manufactured home is necessary because the principal residence located on the premises has been rendered uninhabitable by fire or Act of God. Such manufactured home need not meet the required conditions of the district as deemed appropriate by the Board of Supervisors at the time the permit is granted. OOO Division 6. R-25 Residential District 0 0 0 232 000 Sec. 19-78.1. Manufactured Home Permit. The Board of Supervisors may grant a permit with or without conditions for a temporary manufactured home provided the manufactured home is necessary because the principal residence located on the premises has been rendered uninhabitable by fire or Act of God. Such manufactured home need not meet the required conditions of the district as deemed appropriate by the Board of Supervisors at the time the permit is granted. Division 7. Sec. 19-83.1. Manufactured Home Permit. OOO R-15 Residential District OOO The Board of Supervisors may grant a permit with or without conditions for a temporary manufactured home provided the manufactured home is necessary because the principal residence located on the premises has been rendered uninhabitable by fire or Act of God. Such manufactured home need not meet the required conditions of the district as deemed appropriate by the Board of Supervisors at the time the permit is granted. OOO Division 8. R-12 Residential District OOO Sec. 19-88.1 Manufactured Home Permit. The Board of Supervisors may grant a permit with or without conditions for a temporar~ manufactured home provided the manufactured home is necessary because the principal residence located on the premises has been rendered uninhabitable by fire or Act of God. Such manufactured home need not meet the required conditions of the district as deemed appropriate by the Board of Supervisors at the time the permit is granted. 000 Division 9. R-9 Residential District 000 Sec. 19-93.1 Manufactured Home Permit. The Board of Supervisors may grant a permit with or without conditions for a temporary manufactured home provided the manufactured home is necessary_ because the principal residence located on the premises has been rendered uninhabitable by fire or Act of God. Such manufactured home need not meet the required conditions of the district as deemed appropriate by the Board of Supervisors at the time the permit is granted. 000 000233 Division 15. A Agricultural District 000 Sec. 19-124. Uses permitted with certain restrictions. (1) (4~) The following uses shall be permitted in the A District subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: 000 Stock or dairy farms, including all buildings and structures necessary to such use and the keeping, storage or operation of any vehicle or machinery necessary_ to such use, provided that the lot or parcel has at least three acres. (2) That this ordinance shall become effective immediately upon adoption provided, however, that the ordinance shall not apply to any application for special exception or conditional use filed prior to the date of adoption. 000234 Exhibit B 2623:62222. lA Revised 07/25/03 9:47 AM AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19-65, 19-66, 19-67, 19-68 AND 19-124 AND ADDING SECTIONS 19-68.1, 19-73.1, 19-78.1, 19-83.1, 19-88.1 AND 19-93.1 RELATING TO SPECIAL EXCEPTIONS AND CONDITIONAL USES IN RESIDENTIAL AND AGRICULTURAL DISTRICTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-65, 19-66, 19-67, 19-68, and 19-124 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted and Sections 19-68.1, 19-73.1, 19-78.1, 19-83.1, 19-88.1 and 19-93.1 are added to read as follows: Article III. Districts OOO Division 4. R-88 Residential District OOO Sec. 19-65. Uses permitted with certain restrictions. The following uses shall be permitted in the R-88 District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: ooo Lq) Yard sales, as accessory to a principal use, provided that they do not exceed two days in duration. Sec. 19-66. Accessory uses, buildings and structures. The following accessory uses, buildings and structures shall be permitted in the R-88 District: 000 Other accessory uses, buildings and structures not otherwise prohibited, customarily accessory and incidental to any permitted use. Sec. 19-67. Conditional uses. The following uses may be allowed by conditional use in the R-88 District, subject to the provisions of section 19-13: 000 (o) Provided the owner or operator of the business resides on the premises, a business operated on a lot or parcel inside or outside of a dwelling unit or accessory_ building, but not to include massage clinics, certified massage therapists or one chair beauty shops. .(p_) Nonprofit legal service facilities. Nonprofit civic, social and fraternal clubs and lodges; nothing in this subsection shall be construed to include fraternities or sororities operating in conjunction with any public or private school or college. (r) Cemeteries and graveyards. (s) Emergency rescue squad and fire station buildings and grounds. (t) Government buildings. (u) Greenhouses, hothouses and plant nurseries at which their products are sold or offered for sale. Subject to the following requirements other uses that are not specifically enumerated in this chapter and that are of the same general character as the specifically enumerated uses allowed in this district. Before the planning commission and board of supervisors hear an application pursuant to this subsection, the director of planning shall consider, among other things, the following: the size and proposed configuration of the site; the size, height and exterior architectural appearance of any proposed structure or structures; noise; light; glare; odors; dust; outdoor activities; traffic; parking; signage; and hours of operation. Based on these considerations, he shall determine that the proposed use's operating characteristics are substantially similar to, and its impact on neighboring properties no greater than, the operating characteristics and impacts of the specifically enumerated uses allowed in this district. Sec. 19-68. Special exceptions. The following uses may be allowed by special exception, subject to the provisions of section 19-21' (a) *,T ..... ~,,- ,~, .... ;~ ~,~m,;~.,, Provided the owner or operator of the business resides on the premises, one chair beauty shops on a lot or parcel inside of a dwelling unit or accesso~ building. (b) Sec. 19-68.1. Manufactured Home Permit. The Board of Supervisors may grant a permit with or without conditions for a temporary_ manufactured home provided the manufactured home is necessary because the principal residence located on the premises has been rendered uninhabitable by fire or Act of God. Such manufactured home need not meet the required conditions of the district as deemed appropriate by the Board of Supervisors at the time the permit is granted. 000 Division 5. R-40 Residential District 000 Sec. 19-73.1. Manufactured Home Permit The Board of Supervisors may grant a permit with or without conditions for a temporary manufactured home provided the manufactured home is necessary because the principal residence located on the premises has been rendered uninhabitable by fire or Act of God. Such manufactured home need not meet the required conditions of the district as deemed appropriate by the Board of Supervisors at the time the permit is granted. 000 Division 6. R-25 Residential District OOO Sec. 19-78.1. Manufactured Home Permit. 0 0 0 The Board of Supervisors may grant a permit with or without conditions for a temporary manufactured home provided the manufactured home is necessary because the principal residence located on the premises has been rendered uninhabitable by fire or Act of God. Such manufactured home need not meet the required conditions of the district as deemed appropriate by the Board of Supervisors at the time the permit is granted. 000 Division 7. R-15 Residential District 000 Sec. 19-83.1. Manufactured Home Permit. The Board of Supervisors may grant a permit with or without conditions for a temporary manufactured home provided the manufactured home is necessary because the principal residence located on the premises has been rendered uninhabitable by fire or Act of God. Such manufactured home need not meet the required conditions of the district as deemed appropriate by the Board of Supervisors at the time the permit is granted. 000 Division 8. R-12 Residential District 000 Sec. 19-88.1 Manufactured Home Permit. The Board of Supervisors may grant a permit with or without conditions for a temporary manufactured home provided the manufactured home is necessary because the principal residence located on the premises has been rendered uninhabitable by fire or Act of God. Such manufactured home need not meet the required conditions of the district as deemed appropriate by the Board of Supervisors at the time the permit is granted. 000 Division 9. R-9 Residential District 000 Sec. 19-93.1 Manufactured Home Permit. The Board of Supervisors may grant a permit with or without conditions for a temporary_ manufactured home provided the manufactured home is necessary because the principal residence located on the premises has been rendered uninhabitable by fire or Act of God. Such manufactured home need not meet the required conditions of the district as deemed appropriate by the Board of Supervisors at the time the permit is granted. 000 Division 15. A Agricultural District 0002~8 000 Sec. 19-124. Uses permitted with certain restrictions. (-b-) The following uses shall be permitted in the A District subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: 000 Stock or dairy farms, including all buildings and structures necessary to such use and the keeping, storage or operation of any vehicle or machinery necessary to such use, provided that the lot or parcel has at least three acres. (2) That this ordinance shall become effective immediately upon adoption provided, however, that the ordinance shall not apply to any application for special exception or conditional use filed prior to the date of adoption. 000239 An Affiliate of Media Genera] Richmond, Virginia 23293-0001 {804) 649-6000 Advertising Affidavit (This is not a bill Please pay from invoice) AccountNum I 220906 /05/? CHFgTFR FIR-[ ,D VA 7/~,8324)040 Date Code Description Ad S~ze ............ co ---T 1 TAK'F, NfTIqCRTAKF, N©TICR THAT THE ROARD O 2.00 X 27 00 547_32 ATTACH Mad ia General Operations, ~nc, Publisher of THE RICHMOND TIMES-DISPATCH This Js to certify that the attached TAKF NC)TTCF, TAKF, NIOT}C[ was published bY Richmond Newspapers, inc. in the C~ of R~chmon& State of Virginia, on th~ following dates: 10, 29/2003 11/05/2003 The first insertion bain9 Newspaper reference: 1557927 Sworn to and subscribed before Nota~ Public State of Vkgin~a Ci~ of R~chmOnd THiS ~S NOT A BILL, PLEASE pay FROM iNVOiCE. THANK YOU I CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: November 12, 2003 Item Number: I'/.'~. Subiect: Public Hearing to Consider an Amendment to the Zoning Ordinance Relating to Banners for Non-Profit Organizations County Administrator's Comments: County Administrator: Board Action Requested: The Planning Commission and staff recommend the Board of Supervisors adopt the zoning ordinance amendment relative to banners for non-profit organizations. Summary of Information: The Planning Commission held a public hearing on September 16, 2003, and recommended adoption of a Zoning Ordinance amendment relative to banners for non-profit organizations. This ordinance amendment increases the number of days that businesses and organizations can display banners for non-profit organizations having events on their properties. This amendment necessitates two changes to Sec. 19-638 as explained below and specifically shown in Exhibit A attached. The current ordinance allows only businesses to display banners for non- profit organizations having events on the business property. There are a variety of organizations that are not considered businesses that provide event space for non-profit organizations. For example, churches often support numerous non-profit organizations by allowing use of their church buildings and property. Staff supports including organizations that are not specifically a business to provide event space for non-profit organization events on their property. Preparer: Thomas E. Jacobson Attachments: Ycs Title: [~-] No Director of Planning C: DATA/AG EN DA/2003/OCT8.5/GOK #O00240 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 The current ordinance also restricts businesses to a total of twenty (20) days a year to display banners for non-profit organizations having events on the premises of the businesses. Staff believes that twenty (20) days is an insufficient amount of time to provide event space for multiple non-profit organizations on such properties. Staff supports extending this annual time allowance to sixty (60) days. 000241 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 19-638 RELATING TO BANNERS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-638 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-638. Banners. Banners do not require sign permits and are allowed so long as: (a) The applicant notifies the director of planning in writing at least five business days prior to the installation of a banner of the size, area, proposed location and manner of fastening of the banner and has received approval, with a designated identification number, for the banner. The banner shall have the identification number and the approved date of removal printed on the banner in one and a half inch numbers in the lower right comer. Any banner installed without prior notification to and approval of the director of planning shall be removed immediately upon notification by the planning department and no other banner shall be displayed for 90 days. Banners shall not be attached to trees or shrubs. (b) A single banner not to exceed 50 square feet in area may be used to advertise a new business which has not installed it's permanent signs, provided the banner is used for one time period not to exceed 30 consecutive days. (c) A single banner not to exceed 50 square feet in area may be used to advertise special events, provided the banner is not used for more than 30 consecutive days. Such banners shall not be displayed more than 60 days total during a calendar year on the same property and each banner must advertise a different event. For tenants in a nonresidential community that have separate exterior customer entrances, each tenant is a separate entity for the purpose of this provision. Tenants in nonresidential communities may erect a freestanding banner in lieu of a building mounted banner so long as no more than two banners are erected for the entire community at the same time for each arterial street front. One additional freestanding banner may be erected for the sole purpose of advertising the onsite activities of nonprofit organizations. Businesses and organizations located outside of a nonresidential community may erect a freestanding banner in lieu of a building mounted banner. Such businesses and organizations may receive an additional gO 60 days a year of banner display for the sole purpose of advertising the onsite activities of nonprofit organizations. A nonprofit activity using a vacant site may erect one banner up to ten days 1923:627722.1 Revised 08/27/03 1:38 PM O00Z4; prior to the advertised event which shall be removed immediately upon completion of the event. (d) Banners solely advertising a business name and/or logo are prohibited. (2) (e) The permissible area of a banner may be increased for building mounted banners in accordance with the following: (1) One square foot for each two feet of store frontage in excess of 100 feet, provided that no banner shall exceed 150 square feet in area. (2) One square foot for each 50 feet the store is set back from the nearest public road, provided that no banner shall exceed 150 square feet in area. (3) Banners may be up to 250 square feet in area within village areas when used to advertise community events and displayed across public roads. That this ordinance shall become effective immediately upon adoption. 1923:627722.1 Revised 08/27/03 1:38 PM 000243 IDate P. O, Box 85333 Richmond, Virginia 23293~0001 Art Affiliate of Media Get)cFa) Advertising Affidavit (This !s inVOiCe) Code DescriPtion Ad Size 220806 I 1/05~200g ~'~ Cost l 1/05/?.0('G 1 ?J TAKF. NC)TICF, TAKR N©TIFCE THAT THE ROARD O 2.00 x 24¢0 ATTACH HERE Media Genera) Operations, inc. Publisher of THE BCH~OND TI~ES-DBPATCH This is to certify that the attached TAKF N©TICETAK-R N©TJ(IF was published by Richmond Newspapers, )nc, in the CiN of Richmond, State of Virginia, on the following dates: 10'29/2003 t 1/05/2003 The first insertion being given Newspaper reference: 1557052 Sworn to and subscribed before NOtary PuNic State of Virginia city of Richmond 1 Supervisor L, E ~Rolv! INVOICE. TH U CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~l Date: November 12, 2003 Item Number: Subject: Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Motion of adjournment and notice of a regularly scheduled meeting to be held on November 25, 2003 at 4:00 p.m. Preparer: Lisa H. Elko Attachments: ~-] Yes Title: No Clerk to the Board 00c 44