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12-11-2003 Packet CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: Subject: December 11, 2003 Item Number: 4. Report of Planning Commission Substantial Accord Determination for a Public High School on Genito Road (Case No. 04PD0163) County Administrator's Comments: County Administrator: Board Action Requested: On November 18, 2003, the Planning Commission determined that this request is not in substantial accord with the Comprehensive Plan. On November 25, 2003, the Board deferred this item to its December 11, 2003 meeting. Summary of Information: The Planning Commission voted 4 to 1 to find this request not to be substantially in accord with the County's Comprehensive Plan (see attached map) (also attached is a map showing the location of this site and the other two proposed school sites). It was the Commission's finding that: Ao The site failed to provide sufficient access to a north-south arterial (01d Hundred Road), which would minimize traffic congestion on Genito Road; B. Downstream drainage problems had not been adequately addressed; and Preparer: Beverly Rogers Attachments: Title: Yes ~ No Assistant Director of Planning 0625:63783.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 C. The current Public Facilities Plan provision of ~to be determined" does not support more than one high school at this time in consideration of recent analysis. Staff had recommended approval of the substantial accord application subject to conditions (see attached copy of Staff Request Analysis and Recommendation attached.) Subsequently, the applicant appealed the Planning Commission's decision to the Board, but has since withdrawn the appeal. (see attached letter withdrawing the appeal). State law provides that the Board may confirm, modify or reverse the Planning Commission's determination or refer the matter back to the Planning Commission for an additional public hearing and decision. If the matter is sent back to the Planning Commission, the Board must still act by January 20, 2004. If the Board takes no action at this meeting, the substantial accord determination will become final. I:Ii STCHOICE Public- Private Partners English Construction Company 615 Church Street Lynchburg, Virginia 24504 Telephone: 434,845,0301 FAX: 434.845.0306 MoseleyArchitecfs 601 Soufhlake Boulevard Richmond, Virginia 23236 Telephone: 804.794.7555 FAX: 804.379,8660 December 8, 2003 Re: Substantial Accord Review #04PD0163 The Honorable Arthur S. Warren Chairman, Chesterfield County Board of Supervisors P.O. Box40 Chesterfield, Virginia 23832 Dear Mr. Warren: First Choice Public-Private Partners hereby withdraws our petition to the Chesterfield County Board of Supervisors to overrule the Planning Commission's decision to deny the Substantial Accord Review #04PD0163 on Tuesday, November 18, 2003 for the Genito Road site for a new high school. If you have any questions, please do not hesitate to call me. Sincerely, Robert L. Mills President and CEO Moseley Architects First Choice Public-Private Partners CC: Mr. Lane Ramsey, Chesterfield County Dr. Billy K. Cannaday, Chesterfield County Public Schools Ms. Lisa Elko, Clerk of the Chesterfield County Board of Supervisors Mr. Douglas Dalton, English Construction Company November 10, 2003 CPC SUBSTANTIAL ACCORD REVIEW 04PD0163 First Choice Public-Private Partners In Partnership With Chesterfield County Public Schools Clover Hill Magisterial District Southwest Quadrant of Genito Road and Route 288 REQUEST: Substantial accord review for a proposed public facility (public high school). PROPOSED LAND USE: A public high school which would accommodate 1,750 students is planned. RECOMMENDATION Recommend approval for the following reasons: Ao The Public Facilities Plan suggests the need for additional high schools between 2000 and 2015 will be determined. The Plan map identifies a potential high school site north of Genito Road, west of Route 288 and a second site between Routes 360 and 10, near Belmont Road. The request site is located approximately midway between these two (2) locations. Bo The facility, at the requested location, meets locational criteria for high schools as suggested by the Plan. CONDITIONS Except where the requirements of the underiying Agricultural (A) zoning are more restrictive, development of the Agricultural (A) property shall conform to the requirements of the Zoning Ordinance for Corporate Office (0-2) Districts in Emerging Growth Areas. (P) (NOTE: Development of the I- 1 property must conform to the requirements of the I- 1 District plus the conditions of zoning Case 80S003). 000004 o Direct access from the property to Genito Road shall be limited to no more than two (2) entrances/exits. One (1) access (the "Site Road") shall align the crossover on Genito Road that serves Genito Place. The other access, if constructed, shall be located approximately midway between the Site Road and Route 288. This access shall be limited to right-tums-in and right-tums-out only. The exact location of both accesses shall be approved by the Transportation Department. (T) Prior to the issuance of an occupancy permit, the following road improvements shall be constructed, as determined by the Transportation Department: o Co eo fo go ho Construction of additional pavement along the eastbound lanes of Genito Road at each approved access to provide a right turn lane. Construction of additional pavement along the westbound lanes of Genito Road at the Site Road to provide an adequate left turn lane. The exact length of this improvement shall be approved by the Transportation Department. Construction of a concrete sidewalk along the south side of Genito Road from East Boundary Road to the Site Road. Construction of two (2) lanes of the Site Road from Genito Road towards the southern property line. The exact length and alignment of this road shall be approved by the Transportation Department. Construction of the Site Road at its intersection with Genito Road as a four (4) lane typical section (i.e., one (1) southbound lane and three (3) northbound lanes) unless otherwise approved by the Transportation Department. The exact length of this improvement shall be approved by the Transportation Department. Construction of additional pavement along the Site Road at the northernmost access to provide a left turn lane, as determined by the Transportation Department. Installation of flashing "School Zone" lights, if approved by VDOT, at all access locations. The exact locations shall be approved by the Transportation Department. Dedication to Chesterfield County, free and unrestricted, of any additional right of way (or easements) required for the improvements identified above. (T) A setback distance of 200 feet, measured from the right of way of Route 288, shall be provided for any sound sensitive use, as determined by the Transportation Department. (T) Prior to the issuance of an occupancy permit, a sixty (60) foot wide right of way from the Site Road to the southern property line shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The exact location of this right of way shall be approved by the Transportation Department. (T) 000005 GENERAL INFORMATION Project Name: Clover Hill High School - Genito Site Location: Southwest quadrant of Genito Road and Route 288. Tax IDs 732-687-3969 and 733-686- 0961 (Sheet 10). Existing Zoning: Agricultural (A) and Light Industrial (I-1) with Conditional Use Planned Development Size: 80.7 acres Existing Land Use: Vacant/wooded Adjacent Zoning and Land Use: North South East West - C-3 with Conditional Use Planned Development and I-1 with Conditional Use Planned Development; Commercial, industrial or vacant - A; Vacant - A and I-1 with Conditional Use Planned Development; Industrial or vacant - A and I-1 with Conditional Use Planned Development; Industrial or vacant UTILITIES Public Water System: There is an existing sixteen (16) inch water line extending along the north side of Genito Road, adjacent to this site. Due to high line pressures, a pressure reducer may be necessary on-site. The public water system is available to serve this site. Use of public water is required by County Code. Public Wastewater System: There is an existing ten (10) inch wastewater sub-trunk line extending from East Boundary Court, across the request site, to serve development north of Genito Road. Use of the public wastewater system is required by County Code. 000006 ENVIRONMENTAL The property is wooded with three quarters (3/4) of the property draining east through Brandermill Trade Center and then via tributaries to Nuttree Creek. The eastern quarter of the property drains east under Route 288 and then via tributaries to Nuttree Creek. There are currently no on- or off-site erosion problems with none anticipated after development. There are also no on-site drainage problems. Downstream to the west, however, current conditions create flooding of Old Hundred Road during a ten (10) year storm. The homes in the Brandermill Subdivision adjacent to the golf course and along the tributary were constructed in the late 1970s and early 1980s prior to implementation of the Floodplain Management Ordinance that requires building setbacks. The tentative plans for the development show much of the drainage being routed east under Route 288. The developer will also design the site so that the ten (10) year storm that currently floods Old Hundred Road will be lower after development. Since the homes adjacent to the golf course in Brandermill were constructed prior to the Floodplain Management Ordinance, the location of the homes to the ultimate floodplain is not known. The developer is analyzing the lO0-year floodplain in relation to the structures and will make necessary improvements so that the fully developed watershed, lO0-year floodplain will not touch any existing structure. PUBLIC FACILITIES Fire Service: The Waterford Fire/Rescue Station, Company Number 16, currently provides fire protection and emergency medical service. This request will have a minimal impact on fire and emergency medical service. When the property is developed, the number of hydrants, quantity of water needed for fire protection and access requirements will be evaluated during the plans review process. There are no foreseen problems. Transportation: The property (80.7 acres) is currently zoned Agricultural (A) on 68.3 acres and Light Industrial (I-1) on 12.4 acres. The applicant is requesting a Substantial Accord Determination to permit a public high school. This request will not limit enrollment at the school; therefore, it is difficult to anticipate traffic generation. The applicant has indicated that the school will be constructed to accommodate 1,750 students. Based on high school trip rates, development could generate approximately 3,140 average daily trips. These vehicles will be distributed along Genito Road, which had a 2002 traffic count of 13,376 vehicles per day. 000007 The Virginia Department of Transportation (VDOT) recently completed a project that widened Genito Road to a four (4) lane divided roadway from South Ridge Drive to Fox Chase Lane. As part of that project, a crossover and a left turn lane were constructed to serve the property. The project also provided a sidewalk along Genito Road from Fox Chase Lane to East Boundary Road. No additional road improvement projects in this area of the County are included in the Secondary_ Road Six-Year Improvement Plan. The Thoroughfare Plan identifies a proposed east/west major arterial from Old Hundred Road at the Brandermill Parkway intersection eastwardly across Route 288 to Warbro Road. The Plan also identifies a proposed interchange on Route 288 with the proposed east/west arterial. Providing this interchange may include extending the collector/distributor system along Route 288. This proposed interchange would improve access to the area, but would not reduce the road improvements necessary to accommodate future growth. A design for this proposed interchange has not been approved. One (1) possible schematic design for the proposed interchange has been developed. Based on that schematic design, additional right of way would be needed along Route 288 and in the southeast comer of the property. The applicant has submitted a preliminary layout of the high school and supporting facilities. The attached map shows the schematic design of the interchange on the applicant's preliminary layout of the high school. Some preliminary discussions have occurred about the development of a major sports complex in this area. As part of those discussions, access to Route 288 is being considered. An idea for that access would be a new interchange on Route 288 at Genito Road. Based on the proximity of Powhite Parkway, constructing an interchange at this location may be difficult. A design for this proposed interchange has not been developed. Overlaying a typical single-point diamond interchange design on the applicant's preliminary layout of the high school indicates that additional right of way may be needed in the northeast comer of the property if that type of interchange is constructed. (See attached map) Based on recommended Condition 1, and that part of the property is zoned I-1, development must adhere to the Development Standards Manual in the Zoning Ordinance relative to access and internal circulation (Division 5). The Thoroughfare Plan identifies Genito Road as a major arterial. Access to major arterials, such as Genito Road, should be controlled. Direct access to Genito Road should be limited to no more than two (2) entrances/exits (Condition 2). As previously stated, the Genito Road widening project provided a crossover on Genito Road to serve the property. One (1) access to Genito Road (the "Site Road") will align this crossover. The second access, if constructed, will be located on Genito Road approximately midway between the Site Road and Route 288, and will be limited to right- tums-in and right-tums-out only. The Site Road will be constructed as a public road from Genito Road, south towards the southern property line (Condition 3.d.). The property located to the south of the subject property is currently zoned Agricultural (A). As development occurs on that property, the Site Road could be extended from the high school to Old Hundred Road. This additional access would assist in distributing the traffic generated by the high school. A stub road right of way should be provided to the south to accommodate this potential future access. (Condition 5) O0000S The traffic impact of this development must be addressed. The developer should: 1) construct additional pavement along Genito Road at each approved access to provide a right turn lane; 2) construct additional pavement along Genito Road at the Site Road to provide an adequate left turn lane; 3) construct a concrete sidewalk along the south side of Genito Road from East Boundary Road to the Site Road; 4) construct the Site Road at its intersection with Genito Road as a four (4) lane typical section (i.e., one (1) southbound lane and three (3) northbound lanes); 5) construct a left turn lane along the Site Road at the northernmost access to the high school; and 6) install flashing "School Zone" lights, if approved by VDOT, at all access locations. (Condition 3) At the time of site plan review, specific recommendations will be made regarding access and internal circulation. LAND USE Comprehensive Plan: Lies within the boundaries of the Upper Swift Creek Plan in an area designated for Regional Mixed Use which suggests appropriate land uses include regional-scale office or commercial developments, especially large projects which may contain a mixture of corporate office, regional commercial, higher density residential and light industrial uses. Schools and colleges and other public uses are suggested to be appropriate in these areas. The Public Facilities Plan, an element of the Comprehensive Plan, provides guidance regarding anticipated needs for public facilities such as schools to best serve the County's growing population. With the school system's goal in mind to provide the highest quality education for students throughout the County in the most cost effective manner, the Plan used actual enrollment and capacity numbers from 1990 and 1993 to project enrollment and facility capacities outward for five (5), ten (10), fifteen (15) and twenty (20) years in order to identify where expanded and new facilities may be needed to adequately serve the County. Review of the enrollment projections reveal the projections were on target and even exceed actual current school enrollments. Specifically, the Plan over-projected system enrollment in 2003 to be 56,274 students while actual enrollment is 53,762 students. For high schools, the Plan over-projected enrollment in 2003 to be 16,684 students while actual enrollment is 16,308 students. In addition to enrollment statistics, the Plan projected facility capacity to assist in determining future facility needs. Review of actual facility capacities reveals that functional school capacities have decreased over the last ten (10) years largely because program changes have required more space per student. Based on these capacity and enrollment projections, the Plan provides that the need for additional high school space between 2000 and 2015 is "to be determined." As guidance for this determination, the Plan suggests new facilities should be provided to adequately and equitably serve all areas of the County with school construction scheduled to relieve overcrowding and respond to new growth when it occurs. New facility space is necessary to relieve overcrowding in the area of this request and to provide additional capacity needed to accommodate area growth. 000009 The request meets the locational criteria of the Plan. The Plan provides that high schools should be located with convenient, if not direct access to a major arterial, that principle access should not be provided through residential neighborhoods nor should they be located within residential neighborhoods, and where they are adjacent to neighborhoods, active recreation and large parking areas should be oriented away from neighborhoods. The request site has direct access to Genito Road, a major arterial, and is not located within or adjacent to a residential neighborhood. Further, the Plan provides general locations for a new high school north of Genito Road, west of Route 288 and a second site between Routes 360 and 10, near Belmont Road. The request site is located generally midway between these two (2) locations. Area Development Trends: Properties to the north and west are zoned Community Commercial (C-3) and Light Industrial (I-1) with Conditional Use Planned Development as part of the Brandermill Development and Agricultural (A). These properties are occupied by commercial and industrial uses or are vacant. Properties to the south zoned Agricultural (A) and are vacant. Properties to the east are zoned Agricultural (A) and Light Industrial (I-1) and are occupied by industrial use or are vacant. It is anticipated that a mixture of regional commercial, light industrial and office use, with higher density residential use permitted as part of a larger project, will continue in the area, as suggested by the Plan. Zoning History: The southern portion of the request property, approximately 12 acres, is zoned Light Industrial (I-1) with Conditional Use Planned Development. The Board of Supervisors approved this zoning (Case 80S003), upon an unfavorable recommendation by the Planning Commission, on August 27, 1980. The request property is part of a Tract 7 (an M-1 tract) of the original case, which permits flexibility in development of a variety of uses from residential to industrial. A condition of this case requires a 100-foot buffer around the boundaries of the M-1 tracts. The applicants have indicated they will request through site plan review that the Commission reduce and/or eliminate this buffer requirement as provided for in Case 80S003. Site Design: Development of the I-1 Tract must conform to the requirements of the I-1 District plus conditions of zoning Case 80S003. Currently, the request property lies within an Emerging Growth Area. The purpose of the Emerging Growth District Standards is to promote high quality, well-designed projects. While a portion of the property is not bound by the Emerging Growth District Standards, due to the agricultural zoning, a condition should be imposed requiring development of the Agricultural (A) tract site to conform to these requirements of the Zoning Ordinance, which address access, parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities and screening of dumpsters and loading areas. (Condition 1) 0000 0 Architectural Treatment: The architectural treatment in the I-1 Tract will be regulated by requirements of the I-1 District plus condition of Case 80S003. With the imposition of Condition 1 as discussed above, development of the Agricultural (A) tract would be subject to Emerging Growth District Standards. Within Emerging Growth Areas, no building exterior, which would be visible to any agricultural or residential district or any public right of way may consist of architectural materials inferior in quality, appearance or detail to any other exterior of the same building. There is, however, nothing to preclude the use of different materials on different building exteriors, but rather, the use of inferior materials on side, which face adjoining property. No portion of a building constructed of unadorned concrete block or corrugated and/or sheet metal may be visible from any adjoining agricultural or residential district or any public right of way. No building exterior may be constructed of unpainted concrete block or corrugated and/or sheet metal. Setbacks: Setbacks on the Light Industrial (I-1) tract will be regulated by requirements of the I-1 District plus conditions of zoning Case 80S003. As previously noted, Condition 1 requires development of the Agricultural (A) tract to comply with Ordinance standards for Corporate Office (0-2) uses in Emerging Growth District Areas. The Ordinance will address landscaping, setbacks, buffers and screening. These requirements include setbacks and buffers for any active recreational areas such as outdoor play fields, courts, swimming pools and similar active recreational areas. Since properties to the south and west are designated for a mixture of regional commercial, industrial and office use with high density residential use permitted as part of a larger overall development, additional setbacks for active recreational areas are not warranted. CONCLUSIONS The proposed public high school satisfies the criteria of location, character and extent as specified in the Code of Virginia. Specifically, the request is in compliance with the Public Facilities Plan which identifies the need for an additional high school to be determined between 2000 and 2015 north of Genito Road. The Plan provides new facilities construction should be scheduled to relieve overcrowding and respond to new growth when it occurs. Such overcrowding, largely due to reduced functional school capacities, and new growth exist in the area of this request which needs to be addressed. The request site is in the general location of the potential site identified on the Plan. Further, the facility, at the requested location, meets locational criteria for high schools as suggested by the Plan. Given these considerations, approval of this request is recommended. English Construction Company 615 Church Street Lynchburg, Virginia 24504 Telephone: 434.845.0301 FAX: 434.845.0306 MoseleyArchitects 601 Southlake Boulevard Richmond, Virginia 23236 Telephone: 804.794.7555 FAX: 804.379.8660 November 20, 2003 Re: Substantial Accord Review #04PD0163 The Honorable Arthur S. Warren Chairman, Chesterfield County Board of Supervisors P.O. Box 40 Chesterfield, Virginia 23832 Dear Mr. Warren: First Choice Public-Private Partners hereby petitions the Chesterfield County Board of Supervisors to overrule the Planning Commission's decision to deny the Substantial Accord Review #04PD0163 on Tuesday, November 18, 2003 for the Genito Road site for a new high school. We respectfully request a period of 45 days from this petition to review and respond to the following issues that the Commissioners cited in their denial: 1. Transportation issues relating to one access road to the site. 2. Drainage issues. 3. Phosphorus levels. We stand ready to appear before the Board in 45 days to present our response to these issues and appeal to the Board for approval of this Substantial Accord. Thank you for consideration of this request. Please call if you have any questions concerning this request. .-' Presiden~Z''~ Moseley Architects FirstChoice Public-Private Partners CC: Mr. Lane Ramsey, Chesterfield County Dr. Billy K. Cannaday, Chesterfield county Public Schools Ms. Lisa EIko, Clerk to the Chesterfield County Board of Supervisors Mr. Douglas Dalton, English Construction 0000 2 / / / / / / / I ~ I I / ! ! ! 288 ....... \, I I I oZ uJ Genito Road 272.3 0000:1.4: Genito Road N O000X5 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Subject: Report of Planning Commission Substantial Accord Determination for a Public Middle School on Hull Street Road (Case No. 04PD0158) ~ounty Administrator's Comments: County Administrator: Board Action Requested: On November 18, 2003, the Planning Commission determined that this request is not in substantial accord with the Comprehensive Plan. On November 25, 2003, the Board deferred this item to its December 11, 2003 meeting. .,Summary of Information: The Planning Commission voted 4 to 0 with one abstention to find this request not to be substantially in accord with the County's Comprehensive Plan (see attached map). It was the commission's finding that the current Public Facilities Plan does not support the need for a middle school between 2000 and 2015. Staff had recommended approval of the substantial accord application subject to conditions. (See attached copy of Staff's Request Analysis and Recommendation) Subsequently, the applicant appealed the Planning Commission's decision to the Board, but has since withdrawn the appeal. (See Preparer: Beverly Ro.qers Title: Assistant Director of Plannin.q 0605: 63782.1 Attachments: Yes ~'~ No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 attached letter withdrawing the appeal). State law provides that the Board may confirm, modify or reverse the Planning Commission's determination or refer the matter back to the Planning Commission for an additional public hearing and decision. If the matter is sent back to the Planning Commission, the Board must still act by January 20, 2004. If the Board takes no action at this meeting the substantial accord determination will become final. 0605: 63782 ~o~ StuderCS CHESTERFIELD COUNTY PUBLIC SCHOOLS Billy K. Cannaday, Jr., Ed.D., Superintendent The Honorable Arthur S. Warren, Chairman Chesterfield County Board of Supervisors P. O. Box 40 Chesterfield, VA 23832 December 10, 2003 Re: Withdrawal of Appeal of Substantial Accord Determination Case No. 04PD0J.88 Dear Mr. Wa~.'~ In fight of the decision by First Choice Public-Private Partners to withdraw its petition for an appeal of the Planning Commission's denial of substantial accord in case number 04PD0163, the conversion of Clover Hill High School to a middle school becomes a moot point. Therefore, Chesterfield County Public Schools hereby withdraws its petition for an appeal from the decision of the Planning Commission on November 18, 2003, in case number 04PD0158 denying substantial accord for the conversion of Clover Hill High School to a middle school. It is important, however, that the School Board and Board of Supervisors reach consensus on the responsibility of the School Board for its current facilities. It is imperative that the School Board have the flexibility to determine how facilities are used without the need for the granting of substantial accord. We will continue to work with Mr. Ramsey and his staff to clarify these roles. Should you have any questions, please let us know. ~aday, Superintendent Jr. BKCJr/kk Cc: School Board Members Mr. Lane B. Ramsey, County Administrator · Ms. Lisa Elko, Clerk to the Chesterfield County Board of Supervisors OFFICE OF THE SUPERINTENDENT Post Office Box 10 · Chesterfield, Virginia 23832 (804) 748-1411 · FAX (804) 796-7178 · TDD (804) 748-1638 Equal Opportur)ity Employer November 10, 2003 CPC SUBSTANTIAL ACCORD REVIEW 04PD0158 Chesterfield County Public Schools Clover Hill Magisterial District 13900 Hull Street Road REQUEST: Substantial Accord review for a proposed public facility (conversion of high school to a middle school). PROPOSED LAND USE: Conversion of Clover Hill High School to a public middle school is planned. RECOMMENDATION Recommend approval for the following reasons: A. The request complies with the Public Facilities Plan. While the Plan does not specifically identify the need for additional middle school facilities until 2015, for the period between 2000-2015 the Plan suggest redistricting attendance to balance demand versus capacity within the area of this request. Capacities do not exist to accommodate redistricting within the area, thereby negating it as a viable option to a new facility. The locational criteria in the Plan provide for additional facilities if capacity does not exist. B. The facility, at the requested location, meets locational criteria for middle schools as suggested by the Plan. CONDITIONS 1. Recreational Facility Setbacks. The following setback criteria shall apply to any new outdoor play fields, courts, swimming pools and similar active recreational areas: 00001.7 ao Outdoor play fields, courts, swimming pools and similar active recreational areas shall be located a minimum of 100 feet from adjacent properties zoned for agricultural or residential use and a minimum of fifty (50) feet from any proposed public road(s). Within these setbacks, existing vegetation shall be supplemented, where necessary, with landscaping or other devices designed to achieve the buffering standards contained in Section 19-522(a)(2) 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 property zoned agriculturally or residentially and more than fifty (50) feet from any proposed public road(s), the landscaping or other design features described in Condition 1.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/fifty (50) foot setback/landscaping requirements described in Condition 1.a. Co The 100 foot setback described in Condition 1.a. may be reduced by the Planning Commission if the resulting increased visual and noise impacts that sports or related activities have on area residences are mitigated. Mitigation may be achieved through the use of topography, fencing, berming, walls and/or other devices and design features, as approved by the Planning Commission at the time of site plan review. (P) With the exception of buffers and setbacks for play fields, courts, swimming pools, and similar active recreational areas, development of the property shall conform to the development standards of the Zoning Ordinance for Corporate Office (0-2) Districts in Emerging Growth Areas. (P) (NOTE: The requirements of the underlying Residential (R-7) zoning classification, where these requirements exceed the requirements of the Ordinance for 0-2 Districts in Emerging Growth Areas, remain applicable for any development on the property.) GENERAL INFORMATION Project Name: Clover Hill Middle School Location: North line of Hull Street Road, and also known as 13900 Hull Street Road. Tax ID 726-673-1225 (Sheet 15). O000iS Existing Zoning: Residential (R-7) Size: 49.4 acres Existing Land Use: Public high school Adjacent Zoning and Land Use: North South East West - R-7; Single family residential or vacant - A and C-2; commercial or vacant - R-7; Public/semi-public or vacant - A, 0-2 and C-2; Single family residential, commercial or vacant UTILITIES Public Water System: There is a twenty-four (24) inch water line extending along the north side of Hull Street Road, adjacent to this site. The existing public school site is served by a six (6) inch water line that extends on-site from the twenty-four (24) inch line. The existing public school building is connected to the public water system. Use of public water will be required for any future additions or any new structures built on this site. Public Wastewater System: There is an eight (8) inch wastewater collector line that extends along the eastern boundary of this site, adjacent to Watch Hill Subdivision. The existing public school building is connected to the public wastewater system. Use of the public wastewater system will be required for any future additions or any new structures built on this site. ENVIRONMENTAL The majority of the property drains west and then via tributaries to a best management practice (BMP) prior to entering Swift Creek Reservoir. The remainder of the property drains north through existing Harbor Pointe into the Reservoir. There are no on-site erosion and sedimentation problems and none are anticipated after development. Any additional impervious area will require payment of a pro-rata fee for regional BMP construction. 0000 .9 PUBLIC FACILITIES Parks and Recreation: The Public Facilities Plan identifies the need for four (4) new regional parks. In addition, there is currently a shortage of community park acreage in the County. The Plan identifies a need for 625 acres of regional park space and 116 acres of community park space by 2015. The Plan also identifies the need for neighborhood parks and special purpose parks and makes suggestions for their locations. The nature of athletic programming at high school sites does not favor partnership with Parks and Recreation for facility development and shared use. However, middle and elementary school sites work very well for shared use, and this development looks to continue this partnership through shared facilities at Clover Hill Middle School. Fire Service: The Clover Hill Fire/Rescue Station, Company Number 7, currently provides fire protection and emergency medical service. This request will have a minimal impact on fire and emergency medical service. Transportation: The property (49.9 acres) is currently zoned Residential (R-7), and has been developed for a public high school (Clover Hill). The applicant is requesting a Substantial Accord Determination to permit the conversion of the high school to a public middle school. This request will not limit enrollment at the middle school; therefore, it is difficult to anticipate traffic generation. The applicant has indicated that the existing high school accommodates 1,600 students. Based on high school trip rates, development could be generating approximately 2,870 average daily trips. The applicant has indicated that the middle school will accommodate 1,200 students. Based on middle school trip rates, development could generate approximately 1,900 average daily trips. These vehicles will be distributed along Hull Street Road (Route 360) which had a 2001 traffic count of 61,549 vehicles per day. LAND USE Comprehensive Plan: Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is appropriate for single family residential use of 2.0 dwelling units to the acre or less. Public schools and other public uses are suggested to be appropriate in these areas. The Public Facilities Plan, an element of the Comprehensive Plan, provides guidance regarding anticipated needs for public facilities such as schools to best serve the County's growing population. With the school system's goal in mind to provide the highest quality education for students 0'000:20 throughout the County in the most cost effective manner, the Plan used actual enrollment and capacity numbers from 1990 and 1993 to project enrollment and facility capacities outward for five (5), ten (10), fifteen (15) and twenty (20) years in order to identify where expanded and new facilities may be needed to adequately serve the County. Review of the middle school enrollment projections reveal the projections were underestimated for 2003. Specifically, the Plan projected a middle school enrollment of 12,661 while actual enrollment is 13,333. In addition to enrollment statistics, the Plan projected facility capacity to assist in determining future facility needs. Review of actual facility capacities reveals that functional school capacities have decreased over the last ten (10) years largely because program changes have required more space per student. It is this capacity issue that is foremost in review of this request. Based on the 1995 projected capacities for middle schools, the Plan suggested there would not be a need for an additional middle school until after 2015 and anticipated available capacity within the Midlothian, Providence, Robious, Bailey Bridge and Swift Creek Middle School Districts to permit redistricting to balance demand rather than suggesting new facility construction. As of 2002, the anticipated capacity does not exist within these districts (Midlothian - 110% capacity, Providence - 102% capacity, Robious - 104% capacity, Bailey Bridge - 94% capacity and Swift Creek - 121% capacity). New facility space is necessary to relieve overcrowding in the area and provide additional capacity. The School Board is proceeding with plans to construct a high school to replace Clover Hill High School and intends to convert the existing Clover Hill High School into a middle school to accommodate this identified need. The Plan did project a need for a new middle school after 2015 in the western part of the County. The request meets the locational criteria of the Plan. The Plan provides that middle schools should be located with convenient, if not direct access to a major arterial, that principle access should not be provided through residential neighborhoods nor should they be located within residential neighborhoods, and where they are adjacent to neighborhoods, active recreation and large parking areas should be oriented away from neighborhoods. Area Development Trends: Surrounding properties are zoned Agricultural (A), Residential (R-7), Corporate Office (0-2) and Neighborhood Business (C-2) and are occupied by single family residential dwellings within Bayport Landing and Watch Hill Subdivisions, office, commercial and public/semi-public uses (Clover Hill Fire/Rescue Station), or are vacant. It is anticipated that a mixture of residential, office and commercial uses will continue in the area, as suggested by the Plan. Site Design: Currently, the request property lies within an Emerging Growth Area. The purpose of the Emerging Growth District Standards is to promote high quality, well-designed projects. While the property is not bound by the Emerging Growth District Standards, due to the residential zoning, a condition should be imposed requiring any new development of the site to conform to these requirements of the Zoning Ordinance, which address access, parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities and screening of dumpsters and loading areas. (Condition 2) 0000 - Architectural Treatment: With the imposition of Condition 2 as discussed above, any additions or new structures would be subject to Emerging Growth Area Standards. Within Emerging Growth Areas, no building exterior, which would be visible to any agricultural or residential district or any public right of way may consist of architectural materials inferior in quality, appearance or detail to any other exterior of the same building. There is, however, nothing to preclude the use of different materials on different building exteriors, but rather, the use of inferior materials on sides, which face adjoining property. No portion of a building constructed of unadorned concrete block or corrugated and/or sheet metal may be visible from any adjoining agricultural or residential district or any public right of way. No building exterior may be constructed of unpainted concrete block or corrugated and/or sheet metal. Setbacks: School facilities including outdoor recreational uses exist on the property because of the current use of the site as a high school, however Condition 1 requires a lO0-foot setback between any new active outdoor recreational facilities and existing and anticipated residential uses and public rights of way. This setback must be landscaped or otherwise treated to minimize impacts of outdoor sporting events or similar activities on existing or anticipated area residential uses and is similar to setbacks imposed on other recreational facilities in the vicinity of residential areas. This setback could be decreased if the treatment of the reduced setback mitigates the impact of increased noise and light on adjacent properties from sports or related activities. In addition, if the setback is increased beyond 100 feet, the treatment of the setback could be modified to the degree that the increased setback reduces the noise and light impacts. CONCLUSIONS The proposed public middle school satisfies the criteria of location, character and extent as specified in the Code of Virginia. Specifically, the request is in compliance with the Public Facilities Plan. While the Plan does not specifically identify the need for additional middle school facilities until 2015, it offers redistricting attendance to balance demand versus capacity within the area of this request. Capacities do not exist to accommodate redistricting within the area, thereby negating it as a viable option to a new facility. Further, the facility, at the requested location, meets locational criteria for middle schools as suggested by the Plan. Given these considerations, approval of this request is recommended. 000022 ')~o S~uder~5 CHESTERFIELD COUNTY PUBLIC SCHOOLS Billy K. Cannaday, Jr., Ed.D., Superintendent November 26, 2003 The Honorable Arthur S. Warren, Chairman Chesterfield County Board of Supervisors P. O. Box 40 Chesterfield, VA 23832 Petition for Appeal of Substantial Accord Determination Case No. 04PD0158 Re: Dear Mr. Warren: Chesterfield County Public Schools hereby petitions for an appeal from the decision of the Planning Commission on November 18, 2003, in case number 04PD0158 denying substantial accord for the conversion of Clover Hill High School to a middle school. Upon advice of legal counsel, we believe the decision of the Planning Commission is contrary to the statutes of Virginia, the County Charter, the Comprehensive Plan, Policy Number 10-1 relating to substantial accord, the recommendation of the Planning Department staff, and the facts presented to the Planning Commission by the School Board and Planning Department Staff. This petition for appeal is related to, but not controlled by, the petition for appeal filed by First Choice Public-Private Partners in case number 04PD0163 and consideration of this petition should be deferred until consideration of that appeal. Should you have any questions regarding this appeal, please let us know. BKCJr/kk Cc: Sincerely, Bill,It. Cannaday, ~r./L/ Superintendent Mr. Lane B. Ramsey, County Administrator Ms. Lisa Elko, Clerk to the Chesterfield County Board of Supervisors OFFICE OF THE SUPERINTENDENT Post Office Box 10 · Chestedield, Virginia 23832 (804) 748-1411 · FAX (804) 796-7178 · TDD (804) 748-t638 Equal Opportunity Employer 000023 I! CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: December 11, 2003 Item Number: 6. Subject: Report of Planning Commission Substantial Accord Determination for a Public High School on Cosby Road (Case No. 04PD0188) County Administrator's Comments: County Administrator: Board Action Requested: On November 18,2003, the Planning Commission determined that this request is in substantial accord with the Comprehensive Plan. On November 25, 2003, the Board of Supervisors deferred this item to its December 11, 2003 meeting. Summary of Information: The Planning Commission voted 5 to 0 to find this request to be substantially in accord with conditions with the County's Comprehensive Plan. (See attached map and list of conditions). State law provides that the Board may confirm, modify or reverse 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 at this meeting, the substantial accord determination will become final. Staff had recommended approval subject to conditions. Preparer: Beverly Rogers Attachments: Yc$ Title: Assistant Director of Planninq C:DATA/AG ENDA/2003/NOV/REPORTTOBD/O4PDO1883/GOK # O00025 o Prior to final site plan approval, a seventy (70) foot wide right of way for an east/west collector through the northern part of the property shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The exact location of this right of way shall be approved by the Transportation Department. (T) Prior to the issuance of an occupancy permit, the following road improvements shall be constructed, as determined by the Transportation Department: ao bo do eo fo go ho Construction of two (2) lanes of an east/west collector, to VDOT urban collector standards (40 mph) with modification approved by the Transportation Department, from its current terminus located adjacent to the parcel identified as Tax ID 717-673-2340, westward to the western boundary of the property ("Village Square Parkway Extended"). Full cost of traffic signalization, including construction of additional pavement along Woodlake Village Parkway to provide southbound left and right turn lanes, at the Village Square Parkway/Village Square Place/Woodlake Village Parkway intersection, if warranted, as determined by the Transportation Department. Construction of two (2) lanes of a north/south collector, to VDOT urban collector standards (40 mph) with modification approved by the Transportation Department, from its current terminus located north of West Branch, southward to Route 360 at the Hampton Park Drive intersection ("Fox Club Parkway Extended"). Construction of additional pavement along the westbound lanes of Route 360 at the Fox Club Parkway Extended intersection to provide a right turn lane. Construction of additional pavement along the eastbound lanes of Route 360 at the Fox Club Parkway Extended intersection to provide an adequate left turn lane. The exact length of this improvement shall be approved by the Transportation Department. Construction of the Fox Club Parkway Extended at its intersection with Route 360 as a six (6) lane typical section (i.e., two (2) northbound lanes and four (4) southbound lanes). The exact length of this improvement shall be approved by the Transportation Department. Full cost of traffic signalization at the Fox Club Parkway Extended/Hampton Park Drive/Route 360 intersection, if warranted, as determined by the Transportation Department. Construction of additional pavement along Village Square Parkway Extended and Fox Club Parkway Extended at each approved access and at the Village Square Parkway Extended/Fox Club Parkway Extended intersection to provide left and right turn lanes, as determined by the Transportation Department. 000026 i. Installation of flashing "School Zone" lights, if approved by VDOT, at all access locations. The exact locations shall be approved by the Transportation Department. Dedication to Chesterfield County, free and unrestricted, of any additional right of way (or easements) required for the improvements identified above. (T) Direct access from the property to Village Square Parkway Extended and Fox Club Parkway Extended shall be limited to no more than two (2) entrances/exits onto each roadway. The exact location of these accesses shall be approved by the Transportation Department. (T) jo A water quality best management facility shall be constructed on-site to achieve a maximum phosphorus runoff limit of .22 pounds per acre per year or a regional BMP shall be in place through which this site shall drain into. (EE) 000027 O000;g8 Z 0 0 \ \ \ o4-PDol88-1 000029 CONDITIONS With the exception of setbacks for play fields, courts, swimming pools and similar active recreational areas, development of the property shall conform to the development standards of the Zoning Ordinance for Corporate Office (O-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 Zoning Ordinance for 0-2 Districts in Emerging Growth Areas, remain applicable for any school development on the subject property.) Recreational Facility Setbacks. The following setback criteria shall apply to outdoor play fields, courts, swimming pools and similar active recreational areas: Outdoor play fields, courts, swimming pools and similar active recreational areas shall be located a minimum of 100 feet from adjacent properties zoned for agricultural or residential use and a minimum of fifty (50) feet from any proposed public road(s). Within these setbacks, existing vegetation shall be supplemented, where necessary, with landscaping or other devices designed to achieve the buffering standards contained in Section 19-522 (a)(2) of the Zoning Ordinance. If outdoor play fields, courts, swimming pools and similar active recreational areas are setback more than 100 feet from adjacent properties zoned agriculturally and residentially and more than fifty (50) feet from any proposed public road(s), the landscaping and 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 relative activities have on adjacent properties equivalent to the 100 foot/fifty (50) foot setback/landscaping requirements described in Condition 2.a. The 100 foot setback described in Condition 2.a. may be reduced by the Planning Commission if the resulting increased visual and noise impacts that sports or related activities have on area residences are mitigated. Mitigation may be achieved through the use of topography, fencing, berming, walls and/or other devices and design features, as approved by the Planning Commission at the time of site plan review. (P) Public water shall be used. (U) 000030 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meeting Date: Subject: December 11, 2003 Item Number: 7. Consideration of a Comprehensive Agreement Between the Chesterfield County School Board and First Choice Public-Private Partners: Chesterfield, LLC .County Administrator's Comments- County Administrator: Board Action Requested: Consideration of the School Board's request for the Board of Supervisors to approve the comprehensive agreement with First Choice Public-Private Partners: Chesterfield, LLC allowing construction of one new high school on a parcel of land on Cosby Road. Summary of Information: The School Board received originally a PPEA proposal to construct two new high schools and convert Clover Hill High School to a middle school. Through various actions since last summer, the school board now requests that the Board of Supervisors approve the construction of one high school on Cosby Road and approve a comprehensive agreement with First Choice Public-Private Partners in an amount not to exceed $48,098,045 plus the cost of land and off-site improvements resulting in a total project cost of $55,558,442. (See attached letter dated December 11, 2003.) Preparer: Billy K. Cannaday, Jr., Ed.D Title: Superintendent 0505:63589.2 Attachments: Yes ~] No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 This renegotiated price has reduced the construction cost of the school by $1,262,500 from the previous cost of constructing just the Cosby Road school. 0505:63589.2 12/11/03 TRU 14:58 FAX 1 804 796 7178 C C P S SUPT. OFFICE ~]002 O '~ $~ude~~ CHESTERFIELD COUNTY PUBLIC SCHOOLS Billy K. Cannaday, Jr., Ed.D., Superintendent Decembcr ll, 2003 /Vm. MORANDUM BY HAND TO: FROM: SUBJECT: Lane B. Ramsey, County Admirdstrator Billy K. Cannaday, Jr., Ed.D. ~ . Negotiated lower cost for Cosby Road High School Staff has continued negotiations with First Choice Public-Private Pm-triers for the Cosby Road high school. Their representatives have a,:,m-eed to lower the construction cost to $48,098,405 subject to First Choice rece/ving 100% of any construction savings realized alter the execution of the comprehensive agreement. Previously, the School Board would have received 75% of any construction savings, with First Choice receiving 25%. By foregoing a share in any cost savings, the cost of the Cosby Road high school has been reduced by $1,262,500. First Choice repregentatives in a closed meeting held on December 9, 2003 briefed the School Board on this arrangement. I have polled all Board members. All school board members a~ee that, if the Board of Supervisors approves the Cosby Road high school at their special called meeting this evening, thc School Board will call a special meeting on December 15. At this meeting, they will act to revise the comprehensive a~'eement to reflect the lower revised cost to $48,098,405 plus the cost of land and off-site improvements for a total project cost of $55,558,442 for the Cosby .Road high school. Please let the Board of Supervisors know of this planned action by the School Board prior to this evening's special called meedng. Mrs. Davis, School Board Chairman, will attend the meeting and is authorized by the School Board to address this arrangement, it' requested. BKCJr/CLC CC: School Board Members Kathryn S. Kitchen, Assistant Superintendent for Business and Finance OFFICE OF THE SUPERINTENDENT Post Office Box 10 · Chesterfield, Virginia 23832 (804) 748-1411 * FAX (804) 796-7178 · TDD (804) 748:1638 Equal Opportunity Employer DEC-11-2803 14:18 1 884 796 7178 97Z ~.02 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meeting Date: December 11, 2003 Item Number: 8. Subiect: 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 ' '~ 0 ~ J County Administrator's Comments: //? .~_~u~,~o/ ~*/'q~b~c~(~'~5- /~ County Administrator: ~(J Board Action Requested: The Board of Supervisors is requested to adopt 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 Bud,qet and Manaqement 63520.1 Attachments: Yes --]No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Meeting Date: December 11, 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 appropriate the remaining proceeds is included in today's agenda (Item 9.). It is anticipated that the aggregate amount of the bonds to be sold through the VPSA would not exceed $116,905,000. The list of projects shown on Attachment A is consistent with the FY2004-2010 School Capital Improvement Program as amended on September 26, 2003. However, neither the attached resolution nor the resolution adopted by the School Board on September 26, 2003 incorporates this list of projects as the only projects, which can be constructed with these funds. Instead, both resolutions generically refer to ~various capital school improvement projects." This could include two new high schools, a single new high school, a new middle school, expansion of an existing school, or any combination of these projects or other capital school projects. 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. The public hearing was held on November 12, 2003. 000035 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: December 11, 2003 Therefore, 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. 000036 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 $! 16,905,000 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. 000037 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. 000038 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. 000039 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 O000&'O -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 00004:i. -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. SECTION 19. Effective Date. This resolution shall take effect upon its adoption. 434111.2 026357 RES 000042 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 w, 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 000043 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 m, ~ 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 m, ~ inclusive to __, ~ inclusive to __, __ inclusive and thereafter A-2 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 boen 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 434111.2 026357 RES 000045 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (Please print or typewrite name and address, including zip code, of Assignee) PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF ASSIGNEE: 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 434111.2 026357 RES CHESTERFIELD COUNTY PUBLIC SCHOOLS CHESTERFIELD, VIRGINIA CCPS MEMORANDUM # 89 (2003) September 26, 2003 TO: SCHOOL BOARD 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 00004'7 Attachment A Projects to be funded through the VPSA 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 Maj or 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 000048 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 T~ 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 S116,905,000 AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION SCHOOL BONDS OF TH~ COUNTY, TO SUBMIT AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY IN CONNgCTION WITH TI~ ISSUANCE AND SALE OF SUCH BONDS TO THE AUTItORITY, CONSENTING TO ~ ISSUANCE AND SALE OF SUCH BONDS TO TH~ 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 EXPENDITLrRES MADE PRIOR TO TNE ISSUANCE OF SUCH BONDS BE IT RESOLVED BY THE SCHOOL BOARD OF THE COUNTY OF CHESTERFIELD: 1. Thc School Board (the "School Board") of thc 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 tho amount of $116,905,000 to pay thc 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 gancral 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 thc Virginia Public School Authority (tho "Authority"). (c) The School Board finds and determines that it would bc 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 procoezh of such general obligation school bonds for expenditures made with respect to the Project prior to the issuance thereof. 391702.1 024754 I~ 00604 9 2. The School Board of thc County of Chesterfield hereby (i) re4ucsts, pursuant to Section 15.2-2640 of the Code of Virl~nia, 1950, the Board of Supervisors of the County to authorize the issuanc~ and sale of general oblil~ion school bonds of thc County in an aggregate principal amount of not to exceed $116,905,000 (the "Bonds") for thc purpose of paying the costs of the Project and to submit an application to the Authority in connection with issuance and sale of thc 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 thc 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 tho issuance of the Bonds. 3. This resolution shall take effect upon its adoption. ADOPTED: September 23, 2003 Billy K. c~mhaday, Jr., Ed.D,, S~ende t :3g170Zl 024754 RP.,S CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meetin~l Date: December 11, 2003 Item Number: 9. Subiect: 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 increase the School Capital Improvements Fund by $103,894,000. The required public hearing was held by the Board of Supervisors on November 12, 2003. 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. Cannadayl Jr., Ed.D Title: Superintendent Attachments: Yes ~-] No # 000052. 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. 00oo$2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meetin~l Date: December 11, 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 an increase in 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. A public hearing was held on November 12, 2003 and the School Board is requesting an increase in School Capital Improvements Fund of $103,894,000. 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 Management 000053' 0 0 00Ic~ 0 0 0 0 ~ 0 0 0 0 ~ 0 00000000000000 00000000000000 0 ~ 00 ~ 000000000 0 ~ ~ ~ ~ 00 ~ ~ 0000 ~ 0 0 000 O0 000 0~0 O0 000 00 00 0 00 00 0 ~ 0 ~ 0 0 ~' 0 ~) ~0 0 ~ O0 O0 ~ O0 ~ oooo1~ 0 0 1oo oo o 00 00 00 00 00 00 o.o. ~ 0 000000 000000 ~00~00 ~~00 0 0 0 0100 0 0 ,-- o°°°°,o°o o°° §8o t- 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 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 0 0 ~ 0 0 0 0 0 0 0 0 0 0 wi' v- 0 ~0 cO O0 o ~ 0 0 0 0 0 0 0 0 ~- 0 ,c~ 0 coo. 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 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 0 0 0 0 0 0 0 0 O~ LO 0 0 0 0 0 0 ~0 0 000055 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 Diaane E. Pettirt James R. Schroeder, D.D.S. Marshall W. Trammell, Jr. RESOLUTION WI~REAS, 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 guly 21, 2003, and ~REAS, 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 WHI~REAS, only one detailed-phase proposal was received on August 21, 2003, and WI4E~AS, 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 Wm~.REAS, 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 Partners and award a contract to First Choice, subject to the negotiation of a comprehensive 000056 Page 2 Resolution agreement satisfactory to both the School Board and the Board of Supervisors, and WItEREAS, 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 WIIEREAS, there is $1,333,600 of cash proffers available for appropriation that may be used as a funding sourc~ for the Greenfield Elementary and Manchester High Schools projects; NOW THEREFORE 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. ~imp~o, Clerk Billy K. ~ .a~maclay, Jr., Ed.D.,?ape~tintendent 000057 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~l Date: December 11, 2003 Item Number: 10. 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 December 17, 2003 at 3:30 p.m. Preparer: Lisa H. Elko Attachments: [---] Yes Title: No Clerk to the Board 000055