Loading...
2011-03-09 MinutesBOARD OF SUPERVISORS MINUTES March 9, 2011 Supervisors in Attendance: Staff in Attendance: Mr. Arthur S. Warren, Chairman Mr. Mike Bacile, Dir., Ms. Dorothy A. Jaeckle, Vice Chrm. Purchasing Mr. James M. Holland Dr. Sheryl Bailey, Dep. Ms. Marleen K. Durfee County Administrator, Mr. Daniel A. Gecker Management Services Ms. Liz Bernhard, Dir., Mr. James J. L. Stegmaier Victim Witness County Administrator Assistance Program Ms. Janice Blakley, Clerk to the Board Ms. Patsy Brown, Dir., Accounting Mr. Kevin Bruny, Chief Learning Officer Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. William W. Davenport, Commonwealth's Attorney Mr. Jonathan Davis, Dir., Real Estate Assessments Mr. Will Davis, Dir., Economic Development Ms. Debbie bugger, Dir., Youth Group Home Mr. William Dupler, Interim Dep. Co. Administrator, Community Development Colonel Thierry Dupuis, Police Department Mr. Robert Eanes, Asst. to the County Administrator Mr. Michel Golden, Dir., Parks and Recreation Mr. Lawrence C. Haake, III, Registrar Mr. John W. Harmon, Real Property Manager Mr. Joe Horbal, Commissioner of Revenue Mr. Thomas E. Jacobson, Dir., Revitalization Dr. Parham Jaberi, Dir., Health Department 11-134 Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Ms. Debbie Leidheiser, Senior Advocate/DSB Mr. Mike Likins, Dir., Extension Service Mr. Mike Mabe, Director, Libraries Ms. Mary Martin Selby, Dir., Human Resource Services Mr. Willie May, Dir., Juvenile Detention Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Ms. Melanie Meadows Drug Court Administrator Juvenile Drug Court Mr. Jeffrey L. Mincks, County Attorney Mr. Jim Nankervis, Court Services Unit Mr. Glen Peterson, Dir., Community Correction Services Sheriff Dennis Proffitt, Sheriff's Department Ms. Karen Reilly, Comprehensive Services Administrator Chief Edward L. Senter, Fire Department Ms. Marsha Sharp, Dir., Social Services Ms. Sarah Snead, Dep.. County Administrator, Human Services Mr. Kirk Turner, Dir., Planning Mr. Mike Westfall, Dir., Internal Audit Mr. Scott Zaremba, Dir., Human Resource Programs Mr. Warren called the regularly scheduled meeting to order at 3:O1 p.m. 1. APPROVAL OF MINUTES FOR FEBRUARY 23, 2011 On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board approved the revised minutes of February 23, 2011, as submitted. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. J J J 11-135 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT 2.B. 2010 CENSUS COMPLETE COUNT COMMITTEE RECOGNITION Ms. Chris Ruth, Assistant Director of Public Affairs and Co- Chair of the 2010 Census Complete Count Committee, stated in the fall of 2009, Chesterfield County created a 2010 Complete County Committee with about 20 members from the county and the community who worked with Census staff to try and improve the county's response rates. She recognized the committee for its outstanding efforts. Mr. Warren stated in addition to providing details of the number of residents, a solid count also represents federal funding for the county. AMERICAS PROMISE ALLIANCE AWARD Ms. Snead, along with Ms. Carter, addressed the Board regarding the county receiving the 100 Best Communities for Young People award for the fourth consecutive time. Mr. Warren recognized members of the Youth Services Citizen Board and stated this award is a great honor for county residents. Mr. Warren expressed appreciation to Ms. Jana Carter, Mr. Kappel and others who have contributed to the receipt of this award. Ms. Jaeckle expressed appreciation to the Youth Services Board for volunteering their time. 3. BOARD MEMBER REPORTS Mr. Holland announced the Dale District will hold a constituents' meeting relative to the budget on March 22na Mr. Gecker announced the Midlothian District will be holding a constituents' meeting relative to the budget and Zip Code realignments on March 14tH Mr. Warren announced the Clover Hill District held a couple of Comprehensive Planning workshops. He stated there was a lot of good input on the draft Comprehensive Plan. He announced there will be a Clover Hill District community meeting regarding the budget on March 10th and that he will be speaking at the Midlothian Rotary Club on March 15th 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Holland, seconded by Ms. Durfee, the Board moved Item 5.A., Resolution Recognizing Ms. Pearl M. Goff, Emergency Communications Center, Upon Her Retirement to the Consent Agenda to follow Item 8.B.8.; added Item 8.A.3., Appointment to the. Youth Services Citizen Board; added Item 11-136 14.D., Resolution Recognizing Chesterfield County's National Merit Finalists for 2011; added Item 14.E., Resolution Recognizing Chesterfield County's National Merit Finalists for 2011; and added Item 14.F., Resolution Recognizing Chesterfield County Scholars in the 2011 National Hispanic Recognition Program. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 5. RESOLUTIONS There were no Resolutions at this time. 6. WORK SESSIONS 6.A. PROPOSED FY2012 BUDGET 6.A.1. HUMAN SERVICES Ms. Snead provided an overview of the proposed FY2012 budget for the Human Services Division. She reviewed some of the accomplishments of Parks and Recreation, Mental Health Support Services, Youth Planning and Development, Chesterfield County Health District, Social Services, Libraries and other Human Services agencies. She stated today's Human Services Division is comprised of innovators; community partners and collaborators; and award winners who are involved in the community and have increased efficiency. She further stated Youth Planning and Development has developed a partnership with SAFE and Police that significantly impacts our community. She reviewed the achievements of Mental Health Support Services, which include launching a new information system (UniCare ProFiler Software); implementing the Patient Assistance Program; and implementing telecommuting for service coordination staff. For Comprehensive Services, she presented results of continued organizational changes and improvements in agency collaboration and family engagement practices; 18.7 percent decrease in total expenditures; 15 percent decrease in total case count; 3 percent decrease in cost per child; and 15 percent decrease in length of stay of out of home placements. She stated the Social Services Department has reduced foster care caseloads by deploying resources to prevention. With respect to the FY2012 proposed budget, she stated there is minimal change. She further stated that 74 positions have been eliminated since FY2009. She noted challenges going forward, including increased workloads; staff turnover rate and staff shortages; facility limitations and space constraints; increased substance abuse usage in clients and their families; customers/consumers with multiple disabilities and complex issues; the end of ARRA funds; and long waiting lists for MHSS services. She expressed appreciation to the members of the Board for their support and to the staff of the Human Services Division, the citizens that serve on numerous boards and commissions and the Human Services volunteers for their dedication and commitment. Mr. Warren commended Ms. Snead on her report and stated it is the best presentation he has ever seen in a budget session. J J J 11-137 In response to Ms. Jaeckle's questions, Ms. Snead stated the Social Services document imaging process is in the research stage. Ms. Jaeckle requested a breakdown of numbers of Human Services' employee departures from the county. Mr. Holland commended Ms. Snead and staff on an excellent report and outstanding images used in the presentation. Mr. Warren stated the images used in the presentation portray the statistics related to the human side. Ms. Durfee highly praised Ms. Snead and staff for the presentation. She noted the Build-a-House Project was very successful. Ms. Snead recognized her amazing team of directors and staff. Mr. Warren acknowledged the 25,000 students who attended Henricus and the 4 million visitors to parks in the county. He stated these statistics are very impressive. Ms. Snead noted that the citizens truly use Chesterfield County resources. 6.A.2. COMMUNITY DEVELOPMENT Mr. Dupler presented an overview of Community Development's FY2012 proposed budget. He stated the Community Development Division serves the community thru strategies that encourage investment, redevelopment, sustainability and promote safety on the way to, as well as where we live, work and play. He reviewed the reorganization of the Community Development division, including the departments consolidated .into and outside of the division. He stated that all consolidations are in place, are good fits with the departments they were located within, and are working effectively. He then reviewed the accomplishments and the outlook for Building Inspections, Economic Development, Environmental Engineering, Planning, Transportation, and Utilities Departments. He stated the trend in State Code and Federal Legislation is forever increasing more stringent standards in energy conservation and environmental regulations. He further stated the Utilities Departments is proposing small incremental fee increases for both their commodity charges and connection fees, noting that the budget plans ten years ahead for costs which impact these fees and keeping with previous budget direction, these fees are adjusted annually. He stated the Utilities Department's comparison of an 18 CCF bi-monthly bill for a typical residential customer is the lowest amount of the regional localities of comparable size .and the proposed fee would increase a typical customer's bimonthly bill from $90.60 to $94.06 or less than 7 cents per day. He also reviewed the water connection fee increase of $395 from $4,440 to $4,795, and the wastewater connection fee increase of $275 from $3,455 to $3,730. He noted these increases are directly related to expansion projects for the water and wastewater infrastructure. In closing, he expressed appreciation to the staff of Community Development, and to the Board for their support. 11-138 Mr. Warren congratulated Mr. Dupler on his achievements in the Community Development Division. Mr. Holland highly praised presentation. He stated he is VDOT projects in the future. Mr. Dupler and staff for the looking forward to the various Ms . Durfee commended Mr . Dupler and staff for an informative report. She stated there is a bright future ahead in regards to transportation projects. 7. DEFERRED ITEMS There were no Deferred Items scheduled at this time. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Holland, seconded by Ms. Durfee, the Board suspended its rules to allow simultaneous nomination/appointment/reappointment to the Preservation Committee, Community Criminal Justice Board and Youth Services Citizen Board. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.A.1. PRESERVATION COMMITTEE On motion of Mr. Holland, seconded by Ms. Durfee, the Board simultaneously nominated/appointed/reappointed Ms. Mary Ellen Howe, Mr. James V. Daniels, Mr. J. Carl Morris, Mr. G.M. "Skip" Wallace, Mr. Bryan Walker, Mr. John V. Coghill, III and Mr. David Dutton as members of the Preservation Committee, whose terms are effective immediately and expire March 12, 2014. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.A.2. COMMUNITY CRIMINAL JUSTICE BOARD On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board simultaneously nominated/appointed Ms. Robin Womble Autry as a citizen representative on the Community Criminal Justice Board, whose term is effective immediately and expires June 30, 2012. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.A.3. YOUTH SERVICES CITIZEN BOARD On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board simultaneously nominated/appointed Ms. Marjorie R. Adcock as an adult member of the Youth Services Citizen Board, J J J 11-139 representing the Bermuda District, whose term is effective immediately and expires June 30, 2013. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B. CONSENT ITEMS 8.B.1. STATE ROAD ACCEPTANCE On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Brookcreek - North Otterdale Road Type Change to the Secondary System of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: X33.1-229 Street Name and/or Route Number • North Otterdale Road, State Route Number 970 From: 0.64 miles North of Michaux Bluff Drive, (Route 976) To: Cul-de-sac, a distance of: 0.09 miles. Recordation Reference: Db. 8355, Pg. 300 Right of Way width (feet) = 75 • North Otterdale Road, State Route Number 970 From: 0.38 miles North of Michaux Bluff Drive, (Route 976) To: 0.64 miles North of Michaux Bluff Drive, (Route 976), a distance of: 0.26 miles. Recordation Reference: Db. 8355, Pg. 300 Right of Way width (feet) = 75 Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 11-140 8.B.2. ACCEPT THE DONATION OF OPEN SPACE LAND FOR A COMMUNITY PARK NORTH OF ROUTE 288, AND SOUTH OF COURTHOUSE ROAD FROM THE ANNA B. ATKINS ESTATE On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board accepted the donation of open space land for a community park north of Route 288, and south of Courthouse Road containing 108 acres, more or less, from the Anna B. Atkins Estate, and authorized the County Administrator to execute the contract and deed. (It is noted a copy of the vicinity sketch is filed with the papers of the Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.3. AWARD OF CONSTRUCTION CONTRACTS 8.B.3.a. FOR THE ADDISON-EVANS WATER TREATMENT PLANT FILTERS REHABILITATION PROJECT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board awarded the construction contract for County Project #07- 0093, Addison-Evans Water Treatment Plant Filters Rehabilitation, to Roberts Services, Inc. in the amount of $596,000, and authorized the County Administrator to execute the necessary documents. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.3.b. FOR THE TIMSBURY WASTEWATER FORCE MAIN PIPELINE On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board awarded the construction contract for County Project #04- 0180, Timsbury Wastewater Force Mani Pipeline, to Godley and Sons, Inc., in the amount of $845,664.85, and authorized the County Administrator to execute the necessary documents. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.4. ACCEPTANCE OF PARCELS OF LAND 8.B.4.a. ALONG HAPPY HILL ROAD FROM ANGELA RENEE GAY On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.05 acres along Happy Hill Road from Angela Renee Gay and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of the Board . ) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. J J J 11-141 8.B.4.b. ALONG TURNER ROAD FROM NEW DELIVERANCE EVANGELICAL CHURCH On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.178 acres along Turner Road from New Deliverance Evangelical Church and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of the Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.5. REQUESTS FOR PERMISSION 8.B.5.a. FROM SAINT FRANCIS ASSOCIATES, LLC, FOR AN EXISTING SIGN TO ENCROACH WITHIN A VARIABLE WIDTH SEWER EASEMENT ACROSS PROPERTY ON TREDEGAR LAKE PARKWAY On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board granted St. Francis Associates, LLC, permission for an existing sign to encroach within a variable width sewer easement across property at 13470 Tredegar Lake Parkway, subject to the execution of a license agreement. (It is noted a copy of the vicinity sketch is filed with the papers of the Board . ) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.5.b. FROM TRAFCO, LLC, FOR A PROPOSED SIGN TO ENCROACH WITHIN A VARIABLE WIDTH SEWER EASEMENT ACROSS ITS PROPERTY On motion of Ms. Jaeckle, seconded by Mr. granted Trafco, LLC, permission for a encroach within a variable width sewer property, subject to .the execution of a (It is noted a copy of the plat is filed the Board.) Holland, the Board proposed sign to easement across its license agreement. with the papers of Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.6. SET PUBLIC HEARING DATE TO CONSIDER THE ABANDONMENT OF WATKINS ANNEX BUS LOOP, STATE ROUTE 9835 On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution setting April 13, 2011 as the date for a public hearing to consider the abandonment of Watkins Annex bus loop, State Route 9835: Resolution of Chesterfield County's intention to consider a Resolution and Order to abandon Watkins Annex Bus Loop, State Route 9835. Pursuant to Section 33.1-151 of the Code of Virginia, 1950, as amended, be it resolved that the Chesterfield County Board of Supervisors hereby gives notice that at a regular meeting to be held on April 13, 2011, at 6:30 p.m. it will consider a 11-142 Resolution and Order to abandon Watkins Annex Bus Loop, State Route 9835, a distance of 0.08 miles, since it serves no public necessity and is no longer needed as part of the Secondary System of State Highways. Accordingly, the Clerk of the Board shall send a copy of this Resolution to the Commonwealth Transportation Commissioner. The clerk shall further cause to be published and posted the required notices of the Board's intention to abandon Watkins Annex Bus Loop, State Route 9835. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.7. ADOPTION OF RESOLUTION RECOGNIZING MR. ERNEST W. LEE, UTILITIES DEPARTMENT, UPON HIS RETIREMENT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. Ernest W. Lee retired from the Chesterfield County Utilities Department on March 1, 2011; and WHEREAS, Mr. Lee began his public service with Chesterfield County on October 12, 1982, when he was hired by the Chesterfield Utilities Department as a Utility Worker; and WHEREAS, Mr. Lee was promoted several times within his division and has served faithfully as a Senior Utility Worker until his retirement; and WHEREAS, Mr. Lee .worked with crews responsible for maintaining and restoring water service to customers regardless of weather conditions or time of day; and WHEREAS, Mr. Lee was focused on providing world-class customer service by consistently meeting or exceeding customer expectations; and WHEREAS, Mr. Lee continuously utilized his knowledge of repair techniques and experience to provide water service that is safe, reliable and environmentally sound; and WHEREAS, Mr. Lee was highly respected and liked by his peers and co-workers; and WHEREAS, Mr. Lee willingly and faithfully worked endless hours during emergencies and after hours to ensure continued service to Chesterfield County's public water system customers; and WHEREAS, throughout his career with Chesterfield County, Mr. Lee displayed dependability, aptitude, good character and values. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Ernest W. Lee and extends on behalf of its members and the citizens of Chesterfield County, appreciation for over 28 years of exceptional service to the county. J J J 11-143 Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.8. TRANSFER OF CAPITAL IMPROVEMENT PROGRAM FUNDS AND AWARD OF CONTRACT FOR THE JAIL SECURITY SYSTEM COMPONENT REPLACEMENT PROJECT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board transferred $650,000 in previously approved capital project funds from the County Jail Annex Building Upgrades project; and authorized the County Administrator to award a contract, in an amount up to $542,000, to the lowest responsive and responsible bidder and execute all documents. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.9. RECOGNIZING MS. PEARL M. GOFF, EMERGENCY COMMUNICATIONS CENTER, UPON HER RETIREMENT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Ms. Pearl M. Goff began. her career with Chesterfield County in November 1979, transferred to the Emergency Communications Center as a Dispatcher in May 1983, and faithfully served the county for more than 31 years until her retirement on March 1, 2011; and WHEREAS, Ms. Goff was able to adapt to the ever-changing environment and growth within Chesterfield County and the Emergency Communications Center, and participated in the implementation of enhanced 9-1-1 and upgrades of the county's radio system and Computer-Aided Dispatch System throughout her career; and WHEREAS, Ms. Goff has served in a multitude of positions during her career to include Dispatcher, Cross-trained Dispatcher, Communications Training Officer, Training Facilitator, DCJS Instructor, Quality Assurance Coordinator, HR Liaison, Administrative Supervisor, and Supervisor; and WHEREAS, Ms. Goff has significantly impacted the initial and continuous training of new hires employed by the Emergency Communications Center, and these contributions have afforded the center the ability to maintain and build its future communications officers; and WHEREAS, Ms. Goff developed and implemented the department's 9-1-1 first grade educational program that is delivered in coordination with Chesterfield County's Child Safety personnel; and WHEREAS, Ms. Goff was named the Emergency Communications Officer of the Year for 1987 and 2009; and WHEREAS, Ms. Goff displayed a helpful, courteous and 11-144 caring attitude while working with internal and external customers; and WHEREAS, Ms. Goff has provided a high level of commitment to her work performance as a thorough and conscientious employee; and WHEREAS, Ms. Goff has provided the Emergency Communications Center and Chesterfield County with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Ms. Goff's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 9th day of March 2011, publicly recognizes Ms. Pearl M. Goff, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for her service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Ms. Goff, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES 9.C. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION FOR NEW CINGULAR WIRELESS PCS, LLC (CASE 11PD0163) TO PERMIT A COMMUNICATIONS TOWER IN AN AGRICULTURAL (A) DISTRICT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Leases Purchases; and a Report of Planning Commission Substantial Accord Determination for New Cingular Wireless PCS, LLC (Case 11PD0163) to Permit a Communications Tower in an Agricultural (A) District. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. L.J. McCoy addressed the Board relative to locally owned African-American businesses. J J J 11-145 11. DINNER On motion of Mr. Holland, seconded by Ms. Durfee, the Board recessed to Room 303, for dinner. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Reconvening: 12. INVOCATION Dr. Derik Elton Jones, Pastor, First Baptist Church of South Richmond, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Retired U.S. Marine Corps Major Don Kappel led the Pledge of Allegiance to the flag of the United States of America. 14. RESOLUTIONS 14.A. RECOGNIZING THE MIDLOTHIAN CHAPTER, JACK AND JILL OF AMERICA, INCORPORATED, ON ITS TWENTIETH ANNIVERSARY Mr. Kappel introduced members of the Midlothian Chapter of Jack and Jill of America, Incorporated, who were present to receive the resolution. On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Jack and Jill of America, Incorporated, is an African-American organization of mothers who nurture future leaders by strengthening children aged 2-19; and WHEREAS, Jack and Jill of America accomplishes this mission by providing chapter programming, community service, legislative advocacy and philanthropic giving in order to help every child succeed and become a leader; and WHEREAS, Jack and Jill of America was founded in Philadelphia, Pennsylvania, in 1938 by Marion Turner Stubbs Thomas; and WHEREAS, today, Jack and Jill of America, Incorporated, has grown to more than 225 chapters and 9,500 families and is the oldest and largest African-American family organization in the United States; and WHEREAS, the Midlothian, Virginia, chapter of Jack and Jill of America recently celebrated its 20th anniversary; and WHEREAS, the Midlothian chapter has been a positive force for the community through numerous initiatives and community service projects; and 11-146 WHEREAS, among these have been the collection of school supplies for Chalkley Elementary School students each year for the past six years; and WHEREAS, the Midlothian chapter also has partnered with the Greater Richmond YMCA and local corporations on the Bright Beginnings program, which provides mentoring to youths as they shop for back-to-school clothes at Target stores; and WHEREAS, the chapter has been actively involved in the Angel Tree holiday project to help families in need; and WHEREAS, other chapter efforts have included support for Special Olympics and Habitat for Humanity, Feeding the Homeless, Red Cross Emergency Relief, Support of U.S. troops and more; and WHEREAS, the Midlothian chapter, Jack and Jill of America, is an asset to Chesterfield County and Central Virginia, and has touched many lives in a positive way through its good works. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 9th day of March 2011, publicly recognizes the exemplary community service provided by the Midlothian Chapter, Jack and Jill of America, Incorporated, and expresses appreciation, on behalf of all Chesterfield County residents, for the outstanding contributions of its members. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to the Midlothian chapter, Jack and Jill of America, Incorporated, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Mr. Gecker commended the members of the organization for their exemplary community service. Mr. Holland congratulated the members on their significant anniversary and recognized their spouses. Each member introduced themselves. 14.B. RECOGNIZING THE MEMBERS OF THE COMPREHENSIVE PLAN STEERING COMMITTEE FOR THEIR SERVICE TO CHESTERFIELD COUNTY Mr. Turner recognized the members of the Comprehensive Plan Steering Committee, who were present to receive the resolution. Mr. Warren stated about 18 months ago the county embarked on a new adventure and monumental undertaking. He stated staff, consultants and volunteers of Chesterfield contributed their time to develop a draft Comprehensive Plan. He further stated this plan reflects the will of the people. J J J 11-147 On motion of Ms. Durfee, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Chesterfield County's proposed new Comprehensive Plan, once adopted, will be a blueprint for the county's future, providing a vision of what the county should be and a plan for how to achieve that vision; and WHEREAS, one of the primary goals of the new Comprehensive Plan is to ensure that Chesterfield County residents, business people and property owners have a voice in helping to guide Chesterfield County's future to the benefit of those who live or work in Chesterfield County today, as well as new generations; and WHEREAS, the Chesterfield County Board of Supervisors appointed the 34 member Comprehensive Plan Steering Committee on May 27, 2009, charging the Steering Committee to provide direction and feedback during .the development of the plan; and WHEREAS, committee members Dave Anderson, Cliff Bickford, Lee Brazzell, Michael Chandler, Lisa Coffey, Jeffrey Collins, Travis Collins, Carrie Coyner, Imad Damaj, Stephen Elswick, Mark Endries, Andrea Epps, Edward Gerardo, Joan Girone, Bill Girvin, Douglas Hackman, Ree Hart, Bill Hastings, Bob Herndon, John Hughes, Julie Joyner, Sam Kaufman, Ann Ketchum, Cathy Kirk, Laura Lafayette, Howard Nester, Jr., Keith McGinniss, R. Michael Harton, David Reel, Michael Royster, Shelly Schuetz, Norma Szakal, Brett Vassey and Dick white represent a broad spectrum of community interests, economic sectors, geographic areas, and planning priorities; and WHEREAS, twenty Steering Committee meetings were held between June 2009 and January 2011, with most of the meetings lasting four or more hours; and WHEREAS, the Steering Committee's insight helped form the foundation for many of the ideas incorporated into the proposed new Comprehensive Plan; and WHEREAS, many of the volunteers who served on the Steering Committee continue to participate in subsequent Comprehensive Plan meetings and events; and WHEREAS, the input received from the Comprehensive Plan Steering Committee and a wide cross-section of the community throughout the development of this plan will help to ensure its relevance and usefulness for years to come. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 9th day of March 2011, publicly recognizes and applauds the conscientious efforts and commitment to excellence displayed by the members of the Chesterfield County Comprehensive Plan Steering Committee. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to the Comprehensive Plan Steering Committee members and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Mr. Warren expressed appreciation to the volunteers for serving the county. 11-148 Ms. Jaeckle expressed appreciation to the volunteers for their time and dedication. The members introduced themselves and discussed their involvement in the process. 14.C. RECOGNIZING THE STAFF OF THE RICHMOND REGIONAL PLANNING DISTRICT COMMISSION FOR THEIR FACILITATION ASSISTANCE IN THE DEVELOPMENT OF CHESTERFIELD COUNTY'S PROPOSED NEW COMPREHENSIVE PLAN Mr. Turner introduced Jackie Stewart of the Richmond Regional Planning District Commission, who was present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Chesterfield County's proposed new Comprehensive Plan, once adopted, will serve as a blueprint for the county's future, providing a vision of what the county should be and a plan to achieve this vision; and WHEREAS, one of the primary goals of the new Comprehensive Plan is to ensure that Chesterfield County residents, business people and property owners have a voice in helping to guide Chesterfield County's future to the benefit of those who live and work in Chesterfield County today, as well as new generations; and WHEREAS, the proposed new Comprehensive Plan emphasizes the importance of regional cooperation; and WHEREAS, in the fall of 2009 and winter of 2011, twelve district meetings were held throughout Chesterfield County to solicit public input about the proposed new Comprehensive Plan; and WHEREAS, many staff members of the Richmond Regional Planning District Commission (RRPDC) generously volunteered to provide facilitation assistance in conjunction with county planning staff for these district meetings; and WHEREAS, the assistance of its staff is consistent with the RRPDC's mission to strengthen the quality of life throughout the Richmond region by serving as a regional forum of member local governments to address issues of regional significance, providing technical assistance to localities, and promoting and enhancing the collective consensus on the economic, transportation, social, environmental, and demographic interests of the region; and WHEREAS, the assistance of RRPDC staff in the district meeting process tangibly demonstrated a shared commitment to regional cooperation and community engagement. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 9th day of March 2011, publicly recognizes and applauds the conscientious efforts and commitment to excellence displayed by the staff of the Richmond Regional Planning District Commission. J J J 11-149 AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to the Richmond Regional Planning District Commission, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Mr. Gecker highly praised the commission for helping citizens understand how to fit into the broader regional picture. Ms. Stewart expressed appreciation to the Board for their support, citizen insight and involvement in the process. 14.D. RECOGNIZING CHESTERFIELD COUNTY'S NATIONAL MERIT FINALISTS FOR 2011 Mr. Kappel introduced the finalists, who were present to receive the resolution. On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Chesterfield County is a four-time winner of recognition as "One of the 100 Best Communities in America for Young People" by General Colin Powell's organization, America's Promise-the Alliance for Youth; and WHEREAS, Chesterfield County Public Schools are consistently rated highly for providing what parents want for their children's education; and WHEREAS, while the county and its schools can provide many opportunities for young people to succeed, it is the diligence and personal pursuit of excellence on the part of a young person that ultimately ensure their success; and WHEREAS, Brittany Gater and Alexander Spinos of Clover Hill High School; Ashlyn Brong and Colleen Daszkiewicz of Cosby High School; and Thomas Casalaspi, Jason Kong and John Roach of Maggie L. Walker Governor's School have excelled in their academic pursuits; and WHEREAS, each of these young scholars has been named as a finalist in the 2011 National Merit Scholarship program; and WHEREAS, these high school seniors now have an opportunity to earn approximately 8,400 National Merit Scholarships, worth more than $35 million, that will be offered this spring; and WHEREAS, Chesterfield County is proud of the accomplishments of these young scholars, and on behalf of the citizens of Chesterfield County, extends sincere congratulations. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 9th day of March 2011, publicly recognizes the exemplary achievements- of Ms. Brittany Gater; Mr. Alexander Spinos; Ms. Ashlyn Brong; Ms. 11-150 Colleen Daszkiewicz; Mr. Thomas Casalaspi; Mr. Jason Kong and Mr. John Roach, congratulates them on their scholastic achievements, and extends best wishes for continued academic and personal success. AND, BE IT FURTHER RESOLVED that a copy of the resolution be presented to these students, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Mr. Warren congratulated the students on their academic achievements. The students introduced themselves and their family members. 14.E. RECOGNIZING CHESTERFIELD COUNTY'S NATIONAL ACHIEVEMENT FINALISTS FOR 2011 Mr. Kappel introduced the finalists, who were present to receive the resolution. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Chesterfield County is a four-time winner of recognition as "One of the 100 Best Communities in America for Young People" by General Colin Powell's organization, America's Promise-the Alliance for Youth; and WHEREAS, Chesterfield County Public Schools are consistently rated highly for providing what parents want for their children's education; and WHEREAS, while the county and its schools can provide many opportunities for young people to succeed, it is the diligence and personal pursuit of excellence on the part of a young person that ultimately ensure their success; and WHEREAS, Christopher Hocutt of Matoaca High School; Terrence Graves and Daniel Njoku of Clover Hill High School; and Tyler Johnson of Midlothian High School have excelled in their academic pursuits; and WHEREAS, each of these young scholars has been named as a finalist in the 2011 National Achievement Scholarship program; and WHEREAS, these high school seniors now have an opportunity to earn one of approximately 800 Achievement Scholarship Awards, worth more than $2.5 million, that will be offered this spring to African American high school seniors who are among the highest-scoring entrants this year; and WHEREAS, Chesterfield County is proud of the accomplishments of these young scholars, and on behalf of the citizens of Chesterfield County, extends sincere congratulations. J J J 11-151 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 9th day of March 2011, publicly recognizes Mr. Christopher Hocutt, Mr. Terrence Graves, Mr. Daniel Njoku and Mr. Tyler Johnson for their scholastic achievements, and extends best wishes for continued academic and personal success. AND, BE IT FURTHER RESOLVED that a copy of the resolution be presented to these students, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Mr. warren congratulated the students on their academic achievements. The students introduced themselves and stated their future plans. 14.F. RECOGNIZING CHESTERFIELp COUNTY SCHOLARS IN THE 2011 NATIONAL HISPANIC RECOGNITION PROGRAM Mr. Kappel introduced Mr. Thomas Delgado, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Chesterfield County is a four-time winner of recognition as "One of the 100 Best Communities in America for Young People" by General Colin Powell's organization, America's Promise-the Alliance for Youth; and WHEREAS, Chesterfield County Public Schools are consistently rated highly for providing what parents want for their children's education; and WHEREAS, while the county and its schools can provide many opportunities for young people to succeed, it is the diligence and personal pursuit of excellence on the part of a young person that ultimately ensure their success; and WHEREAS, Thomas Delgado of Clover Hill High School and Connor Barranger and Juan Garavito of Maggie L. Walker Governor's School have excelled in their academic pursuits; and WHEREAS, each of these young high school juniors has been selected by the National Hispanic Recognition Program for 2011; and WHEREAS, to qualify for selection, each student must have achieved a grade point average of 3.0 or higher; and WHEREAS, the student must have achieved the minimum required PSAT/NMSQT score; and WHEREAS, these students' names will be shared with subscribing colleges and universities that are particularly 11-152 interested in academically outstanding Hispanic/Latino students; and WHEREAS, Chesterfield County is proud of the accomplishments of these young scholars, and on behalf of the citizens of Chesterfield County, extends sincere congratulations. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 9th day of March 2011, hereby recognizes Mr. Thomas Delgado, Mr. Connor Barranger and Mr. Juan Garavito for their scholastic achievements, and extends best wishes for continued academic and personal success. AND, BE IT FURTHER RESOLVED that a copy of the resolution be presented to these students, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: .None. Mr. Warren congratulated Mr. Delgato on his academic achievements. Mr. Delgato, who was accompanied by his mother, introduced himself and stated his future plans. (It is noted Mr. Barranger and Mr. Garavito were unable to attend the meeting.) 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Cathy Kirk addressed the Board relative to the draft Comprehensive Plan. 16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 18 11SN0170 In Bermuda Magisterial District, Alisa Moore requests conditional use approval and amendment of zoning district map to permit a family day care home in a Residential (R-12) District on .8 acre known as 15138 Alderwood Terrace. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 to 4 units/acre. Tax ID 794-640-4643. Mr. Turner presented a summary of Case 11SN0170 and stated the applicant has withdrawn her request. Mr. Warren called for public comment. J J J 11-153 There being no one to address the withdrawal, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Mr. Gecker, for the Board to acknowledge the withdrawal of Case 11SN0170. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 05SN0239 (Amended) In Clover Hill Magisterial District, The Cheatham Family Limited Partnership requests rezoning and amendment of zoning district map from Agricultural (A) to Community Business (C-3) with Conditional Use to permit multifamily and townhouse uses plus Conditional Use Planned Development to permit exceptions to Ordinance requirements on 63.5 acres fronting approximately 550 feet on the north line of Hull Street .Road, also fronting approximately 2,400 feet on the west line of Route 288 and located in the northwest quadrant of the intersection of these roads. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use uses. Tax IDs 733-680-Part of 9439; 734- 678-2276; and 734-681-0526 and 3904. Mr. Turner stated Mr. Warren has requested that the Board defer Case 05SN0239 until the March 2012 regularly scheduled meeting. Mr. Andy Scherzer, representing the applicant, stated he supports the deferral. In response to Mr. warren's questions, Mr. Scherzer stated the deferral is requested based on the outcome of the Comprehensive Plan. He further stated working with transportation and communities will hopefully make everyone comfortable with the proposal. On behalf of the applicant, Mr. Scherzer granted his consent for the deferral. Mr. Warren called for public comment. Ms. Andrea Epps stated this proposal will represent the revitalization the community desperately needs. There being no one else to address the deferral, the public hearing was closed. Mr. Warren made a motion, seconded by Ms. Jaeckle, for the Board to defer Case 05SN0239 until the March 2012 regularly scheduled meeting. Ms. Durfee expressed concerns with past deferrals to the proposal. Mr. Warren called for a vote on his motion, seconded by Ms. Jaeckle, for the Board to defer Case 05SN0239 until the March 2012 regularly scheduled meeting. 11-154 Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 11HP0182 In Bermuda Magisterial District, WBB Development Company LLC requests historic landmark designation and amendment of the zoning district map for the Hatcher-Gregory House (structure only) in a Corporate Office (O-2) and Residential Townhouse (R-TH) District on .5 acre and is known as 3810 West Hundred Road. The Comprehensive Plan suggests the property is appropriate for office/residential mixed use. Tax IDs 791- 656-Part or 2043. Mr. Turner presented a summary of Case 11HP0182 and stated the Planning Commission, Historic Preservation Committee and staff recommended approval. Mr. Whitley Blake requested the Board's approval of the historic designation. Mr. Warren called for public comment. Mr. Freddy Boisseau commended the applicant on the restoration of the property and recommended approval. There being no one else to speak to the request, the public hearing was closed. Ms. Jaeckle praised the applicant on his restoration of the house. Ms. Jaeckle then made a motion, seconded by Mr. Holland, for the Board to approve Case 11HP0182. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. ~~e*Tn~~Q In Bermuda Magisterial District, WBB Development Co, LLC requests rezoning and amendment of zoning district map from Corporate Office (O-2) to Neighborhood Business (C-2) plus conditional use planned development to permit exceptions to Ordinance requirements on .5 acre known as 3810 West Hundred Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office/residential mixed use. Tax ID 791-656-Part of 2043. Mr. Turner presented a summary of Case 11SN0178 and stated the Planning Commission and staff recommended approval subject to the condition and acceptance of the proffered conditions. Mr. Whitley Blake accepted the recommendation. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. J J J 11-155 Ms. Jaeckle wished the applicant much success with the project . Ms. Jaeckle then made a motion, seconded by Mr. Gecker, for the Board to approve Case 11SN0178, subject to the following condition: The Textual Statement dated December 6, 2010 shall be considered the Master Plan. (P) And, further, the Board accepted the following proffered conditions: 1. Uses shall be limited to those uses permitted by right or with restrictions in the Neighborhood Office (O-1) District plus the following uses: a. Art schools and galleries b. Funeral homes or mortuaries c. Medical and dental laboratories d. Schools - business, music and dance e. Bakery goods store f. Bank and savings and loan associations with or without drive-in windows g. Barber or beauty shop h. Book, stationary, newspaper or magazine store i. Candy store j. Florist shop k. Restaurants (Sit Down) 1. Shoe repair shop m. Tailoring and dressmaking shops n. Antique shops, not to include pawnbrokers, indoor and outdoor flea markets and secondhand and consignment stores o. Artist material and supply stores p. Bicycle sales and rentals q. Catering establishments r. Clothing stores s. Curio or gift shops t. Eyewear sales and services u. Hobby stores v. Jewelry stores w. Musical instrument stores x. Paint and wallpaper stores y. Photography studios z. Schools, public and private aa. Sewing machine sales, instruction and services bb. Toy stores (P) 2. No use shall be open to the public between 10:00 p.m. and 6:00 a.m. (P) 3. No goods may be produced for retail sale on the premises if more than five (5) persons are engaged in such production. (P) 4. With the exception of outside display as defined in Proffered Condition 5, and outdoor play areas in conjunction with a nursery school, child care center or public or private school, all uses, including storage, shall be conducted entirely within an enclosed building, 11-156 except for accessory automobile parking, loading and unloading facilities. (P) 5. No outside display of merchandise for sale shall be permitted unless it is located under a covered porch and does not obstruct pedestrian ways. (P) 6. Any freestanding sign shall be of a monument style; shall have a design that is compatible to the building which it advertises; and shall be externally illuminated. (P) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. ii~Nnin~ In Matoaca Magisterial District, ASC Land Corporation requests amendment of zoning (Case 95SN0177) and amendment of zoning district map relative to uses, architectural treatment, hours of operation and access in a Community Business (C-3) District on 2.3 acres located in the northwest quadrant of Ashbrook and Ashlake Parkways. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office/residential mixed use and conservation/recreation use. Tax ID 720-670-7347. Mr. Turner presented a summary of Case 11SN0106 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Brian Bowe, representing the applicant, accepted the recommendation. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. Ms. Durfee expressed appreciation to Mr. Bowe for working with Mr. Bass and the citizens of the Ashbrook community and the Cloverhill Estates community to address their concerns with this request. Ms. Durfee then made a motion, seconded by Mr. Holland, for the Board to approve Case 115N0106, and accept the following proffered conditions: 1. Direct vehicular access from the property to Ashlake Parkway (the "Access") shall be limited to one (1) entrance/exit generally located towards the northern property line. The exact location of the Access shall be approved by the Transportation Department. Prior to issuance of an occupancy permit for any development that is served by the Access, as determined by the Transportation Department, a raised median within Ashlake Parkway shall be constructed to VDOT minimum standards from its current terminus located north of the property to south of the Access at a point located approximately 160 feet from the J J J 11-157 centerline of the Access. The exact design of these improvements shall be approved by the Transportation Department. (T) 2. Uses shall be limited to those uses permitted by right or with restrictions in the Neighborhood Business (C-2) District, except as follows: A. Automobile self-service stations shall be prohibited. B. Medical clinics shall be permitted if designed to preclude ambulance traffic. C. Convenience stores with or without associated gasoline sales shall be prohibited. D. Carry out restaurants shall be permitted if located a minimum distance of 200 feet from Ashbrook Parkway. E. Fast food restaurants without drive-in windows shall be permitted only if located a minimum distance of 200 feet from Ashbrook Parkway. 3. Hours of operation shall be limited as follows: A. Restaurants (sit-down) shall not be open to the public between the hours of 10:00 p.m. and 6:00 a.m. with the exception of Fridays and Saturdays when such use shall not be open to the public between the hours of 11:00 p.m. and 6:00 a.m. B. All other uses shall not be open to the public between the hours of 10:00 p.m. and 6:00 a.m. (P) Ayes: warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. iicNn~~~ In Midlothian Magisterial District, Suburban Village, Inc. requests conditional use planned development approval and amendment of zoning district map to permit access to Community Business (C-3) property through a Residential (R-7) District and signage on 2 acres fronting 160 feet on the east line of Old Bon Air Road at Huntersdell Lane. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for medium density residential use of 1.51 to 4.0 units/acre. Tax IDs 749-710-9433 and 9936 and 750-710-0148. Mr. Turner presented a summary of Case 11SN0175 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Andy Scherzer, representing the applicant, accepted the recommendation. Mr. Warren called for public comment. 11-158 There being no one to address the request, the public hearing was closed. Mr. Gecker made a motion, seconded by Ms. Jaeckle, for the Board to approve Case 11SN0175, and accept the following proffered conditions: 1. Use. Use of the requested commercial access shall be limited to serving a Hospice use located on Tax IDs 750- 709-0682 and 750-710-2010. (P) 2. Signage. One (1) offsite directional sign for the purpose of identifying a Hospice use located on tax IDs 750-709-0682 and 750-710-2010 shall be permitted at the access to Old Bon Air Road. Such sign shall be limited to seven ( 7 ) square feet in area and seven ( 7 ) feet in height. (P) 3. Access. Direct vehicular access from the property to Old Bon Air Road shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department.- (T) 4. Access. The vehicular access to Old Bon Air Road shall only serve a maximum density of a twenty-five (25) bed nursing home facilities or equivalent traffic generation, as determined by the Transportation Department. (T) 5. Prior to any site plan approval or within sixty (60) days of a written request by the Transportation Department, whichever occurs first, 35 feet of right-of- way, measured from the centerline of Old Bon Air Road shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 6. Timbering. With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 11SN0180 In Midlothian Magisterial District, Meadows Properties, LLC requests. conditional use approval and amendment of zoning district map to permit outside storage in a Community Business (C-3) District on 9.3 acres known as 2051 Huguenot Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. Tax ID 740- 713-9395 . Mr. Turner presented a summary of Case 115N0180 and stated the Planning Commission and staff recommended approval subject to the proffered conditions. J J J 11-159 Mr. Andy Scherzer, representing the applicant, accepted the conditions. Mr. Warren called for public comment. There being no one to speak to the request, the public hearing was closed. Mr. Gecker made a motion, seconded by Ms. Durfee, for the Board to approve Case 11SN0180, and accepted the following proffered conditions: 1. The existing outside storage area shall be limited to 12,052 square feet, as depicted on "Exhibit 1, Area A," of the site plan prepared by Balzer and Associates, Inc., dated December 6, 2010. (P) 2. The proposed outside storage and bulk material sales shall be limited to 22, 848 square feet, as depicted on "Exhibit 1, Area B," of the site plan prepared by Balzer and Associates, Inc., dated December 6, 2010. (P) 3. The outside bulk storage (Area B) shall be screened with a combination of fencing and raised landscape berm. The fence shall consist of six (6) foot tall black wrought iron style picket fence panels placed between wood (or other similar material as approved by the Planning Department) columns which shall be spaced approximately twenty-four (24) feet apart, except for the columns between the two corner columns at the northwest and southwest corners, which shall include three (3) columns located as generally shown on Exhibit 2. The landscape berm shall be a minimum of two (2) feet above the exterior parking lot grade with the fence placed on top of the berm, to provide a screen height of a minimum of eight (8) feet as measured from the exterior pavement grade. If a berm is not provided, the metal wrought iron style fence panels shall be a minimum of eight (8) feet tall, as measured from the exterior pavement grade. The columns shall be approximately seven (7) feet tall and shall match the style and color of the existing columns on site. Woven shade fabric with a minimum fifty (50) percent light transmission factor shall be attached on the storage side of the wrought iron style fence. Evergreen trees shall be provided along the outside of the west and north fence lines. Existing evergreen trees will satisfy the requirement along the west line. The existing eight (8) foot tall metal panel fence located along the rear buffer shall be extended to the west approximately sixty-two (62) feet to the property line as generally shown on Exhibit 2. The northern entrance/exit gate shown on Exhibit 2 shall be of similar style to the wrought iron style fencing. (P) 4. There shall be no outside storage of fertilizer. (P) 5. The site and shopping center drives shall be kept -clean of debris that is associated with this operation. (P) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 11-160 11SN0181 In Bermuda Magisterial Distric rezoning and amendment of Agricultural (A) to Community known as 4211 Old Hundred Road. zoning conditions or Ordinance Plan suggests the property is mixed use. Tax ID 789-654-4761. t, James V. Daniels requests zoning district map from Business (C-3) on 1.5 acres Density will be controlled by standards. The Comprehensive appropriate for neighborhood Mr. Turner presented a summary of Case 11SN0181 and stated the Planning Commission and staff recommended approval and acceptance of one proffered condition. Mr. Jim Daniels accepted the recommendation. Mr. Warren called for public comment. There being no one to speak to the request, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Ms. Durfee, for the Board to approve Case 11SN0181, and accept the following proffered condition: The following uses shall not be permitted: 1. Cocktail lounges and nightclubs. 2. Feed, seed and ice sales. 3. Greenhouses or nurseries. 4. Home centers. 5. Hospitals. 6. Hotels. 7. Indoor flea markets. 8. Liquor stores. 9. Motor vehicle washes. 10. Repair services, excluding motor vehicle repair. 11. Restaurants, carry-out. 12. Taxidermies. 13. Theaters, except drive-in theaters. 14. Veterinary hospitals and/or commercial kennels. 15. Material reclamation receiving centers. 16. Motor vehicle sales and rental, excluding commercial vehicles such as buses, tractor-trailer trucks, dump trucks, stake bed trucks, vans where the cargo area cannot be accessed from the driver's seat without exiting the vehicle and/or cab and J J J 11-161 chassis vehicles; construction equipment and motor vehicle consignment lots, and as accessory to sales and rental, service and repair, to exclude body repair. 17. Warehouses for permitted uses. 18. Outside storage, as accessory to a permitted use, including, but not limited to: retail building materials; construction equipment/materials; outside runs for commercial kennels or veterinary hospitals; feed/seed items; garden centers, greenhouses, hot houses; miscellaneous materials for retail/wholesale sales. 19. Continuous outside display of merchandise for sale, as accessory to a permitted use. 20. Residential multifamily and townhouses. 21. Prepared food and fruit and vegetable vendors. 22. Communication towers. 23. Park and ride lots. (P) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. i~~Nn~Ra In Clover Hill Magisterial District, Clodfelter Properties LLC requests conditional use approval and amendment of zoning district map to permit a business (motor vehicle accessory store) in an Agricultural (A) District on .6 acres known as 12621 Genito Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. Tax ID 736-688-5801. Mr. Turner presented a summary of Case 11SN0184 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Ms. Carrie Coyner, representing the applicant, recommended approval of the case. Mr. Warren stated the Board has been very proactive relative to promoting businesses in Chesterfield County. Mr. Warren then called for public comment. There being no one to speak to the request, the public hearing was closed. Mr. Warren made a motion, seconded by Ms. Durfee, for the Board to approve Case 11SN0184, and accept the following proffered conditions: The Owner-Applicant in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its 11-162 successors or assigns, proffers that the property known as Chesterfield County Tax ID 736-688-5801 will be used for business purposes as set forth below and as set forth in Zoning Case 845113; however, in the event the request is denied or approved with conditions not agreed to by the Applicant, these proffers shall be immediately null and void and of no further force or effect. 1. The retail area (including the sales counter) shall be permitted to occupy an area up to twenty (20) percent of the gross floor area of either the existing building, as shown on Exhibit A dated February 3, 2011, or any new or expanded building, provided that this retail area shall not exceed 1000 gross square feet. (P) 2. Any new development shall meet Emerging Growth District Standards for light industrial uses.(P) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 11SN0179 In Bermuda Magisterial District, Thomas Kent Fink requests conditional use approval and amendment of zoning district map to permit a landscape contracting business and storage yard in an Agricultural (A) District on 12.1 acres fronting 670 feet on the east line of Branders Bridge Road, 4110 feet south of Treely Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 - 4.0 units/acre. Tax IDs 789-635-6055 and 6921. Ms. Jane Peterson presented a summary of Case 11SN0179 and stated the Planning Commission recommended approval. She further stated staff recommended denial because the proposed land does not conform to the Southern and Western Area Plan, which suggests the property is appropriate for residential use of 2.51-4.0 units/acre and the proposed land use is not representative of, nor compatible with, existing and anticipated area development. Mr. James Fink, the applicant, accepted the Planning Commission's recommendation. Mr. Warren called for public comment. Mr. Daren Gardner stated it is important to support local businesses and recommended approval of the case. Ms. Carrie Coyner recommended approval of the case. There being no one else to speak to the request, the public hearing was closed. Ms. Jaeckle stated the property is very well buffered. Ms. Jaeckle then made a motion, seconded by Mr. Holland, for the Board to approve Case 11SN0179 with the acceptance of proffered conditions 1, 2 and 4 through 11 and moved that J J J 11-163 proffered condition 3 regarding a three-year limitation not be accepted and a condition be imposed as follows: This Conditional Use shall be granted for a period not to exceed five (5) years from the date of approval. Mr. Fink agreed that the proffers remain in effect. In response to Ms. Durfee's question, Mr. Fink stated the property is in the process of being screened. Mr. Warren called for a vote on the motion of Ms. Jaeckle, seconded by Mr. Holland, for the Board to approve Case 11SN0179, subject to the following condition: This Conditional Use shall be granted for a period not to exceed five ( 5 ) years from the date of approval . ( P ) And, further, the Board accepted the following proffered conditions: 1. This Conditional Use shall be granted to and. for Thomas K. Fink, exclusively, and shall not be transferable nor run with the land. (P) 2. This Conditional Use shall be for the operation of a landscape contractor's shop and storage yard. (P) 3. (Not Accepted) 4. A maximum of thirty-five (35) employees shall be permitted on the property at any time. (P) 5. All vehicles, equipment storage and improvements associated with this business, exclusive of access, shall be located a minimum of 550 feet from the ultimate right of way of Branders Bridge Road as generally shown on the attached map (Area of Operation). (P) 6. Exclusive of access, this operation shall be limited to the existing improvements noted as follows: a. Garage (1300 square feet) b. Two Carports (400 square feet each) c. Pole Barn (900 square feet) d. Storage Building (400 square feet) e. Vehicle and Equipment Parking (1600 square feet) (P) 7. Other than the vehicle parking and equipment storage areas identified in Proffered Condition 6, there shall be no additional outside storage. (P) 8. No additions or exterior alterations shall be permitted to any buildings to accommodate this use. (P) 9. No clients shall be permitted on the property. (P) 10. Hours of operation shall be limited to between 7:00 a.m. and 5:30 p.m., Monday through Friday. (P) 11. There shall be no signs identifying this use. (P) 11-164 Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 17. PUBLIC HEARINGS 17.A. TO CONSIDER AN ORDINANCE TO VACATE A VARIABLE WIDTH UNIMPROVED RIGHT OF WAY KNOWN AS MOSSY OAK ROAD WITHIN FOXFIELD SUBDIVISION Mr. Harmon stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to vacate a variable width unimproved right of way known as Mossy Oak Road within Foxfield Subdivision. Mr. Warren called for public comment. In response to Mr. Gecker's questions, Mr. Harmon stated the new development will be accessed off of Swift Fox Drive, and all adjoining property owners have been notified. Ms. Durfee expressed concerns regarding access to the property. Ms. Durfee then made a motion, seconded by Mr. Gecker, for the Board to defer the public hearing to consider an ordinance to vacate a variable width unimproved right of way known as Mossy Oak Road within Foxfield Subdivision to April 27, 2011. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 17.B. TO CONSIDER THE LEASING OF COUNTY PROPERTY AT BENSLEY PARK Mr. Harmon stated this date and time has been advertised for a public hearing for the Board to consider the leasing of county property at Bensley Park. Mr. Warren called for public comment. There being no one to speak to the issue, the public hearing was closed. In response to Mr. Gecker's question, Mr. Harmon stated radio frequency emissions will be measured on a yearly basis. Ms. Jaecke made a motion, seconded by Ms. Durfee, for the Board to approve the leasing of county property at Bensley Park to New Cingular Wireless (AT&T). Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 17.C. TO CONSIDER A LEASE AMENDMENT FOR SPACE ON THE COUNTY'S GOVERNMENT CENTER TOWER Mr. Harmon stated this date and time has been advertised for a public hearing for the Board to consider a lease amendment for space on the county's government center tower. J J J 11-165 Mr. Warren called for public comment. There being no one to speak to the issue, the public hearing was closed. Mr. Holland made a motion, seconded by Mr. Gecker, for the Board to approve a lease amendment for space on the County's Government Center Tower with Cellco Partnership d/b/a Verizon wireless. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 17.D. TO CONSIDER A LEASE RENEWAL AT MANCHESTER FIRE emamTn*T 7 Mr. Harmon stated this date and time has been advertised for a public hearing for the Board to consider a lease renewal at Manchester Fire Station 2. Mr. Warren called for public comment. There being no one to speak to the issue, the public hearing was closed. Mr. Warren made a motion, seconded by Ms. Durfee, for the Board to approve a lease renewal at Manchester Fire Station 2 with RCTC Wholesale Corporation d/b/a Verizon Wireless. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits and zoning requests. 19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 20. ADJOURNMENT On motion of Ms. Durfee, seconded by Mr. Warren, the Board adjourned at 8:08 p.m. until March 23, 2011 at 3:00 p.m. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. ames .L t gma' r ount ministrator ~~s _~ ~ yV~--- ~- Arthur S. Warren Chairman 11-166 J J J