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2015-10-28 Board Summary Board of Supervisors Stephen A. Elswick Arthur S. Warren Dorothy A. Jaeckle James M. Holland Daniel A. Gecker County Administrator James J.L. Stegmaier Summary of Actions Taken by the Board on October 28, 2015 3:00 P.M. SESSION COUNTY ADMINISTRATOR’S COMMENTS  Mr. Stegmaier introduced Brigadier General Allan E. Day the Commander of Defense Logistics Agency Aviation at Defense General Supply Center. General Day took over as Commander of the agency in March of this year. The agency he leads is a major employer with more than 3,500 civilian and military personnel.  Mr. Stegmaier reported the Department of Utilities earlier this month received the Association of Metropolitan Water Agencies’ 2015 Sustainable Water Utility Management Award. The Association indicated that the county’s strong record of effective utility management shown in Chesterfield Utilities’ application was determined by their distinguished panel of peer judges to be a significant contribution to the drinking water industry.  Mr. Stegmaier was pleased to announce the opening of several Parks and Recreation facilities, which include the Rockwood Pickleball Center, The Falling Creek Ironworks site improvements, and the Mid-Lothian Mines Park trails and bridges. Ms. Joanne Simmelink, Senior Planner, made a presentation to the Board regarding Bike/Walk to School Day. Mr. Garrett Hart, Director of Economic Development, made a presentation to the Board regarding small business initiatives. RESOLUTIONS AND SPECIAL RECOGNITIONS Adopted Resolution recognizing Mr. Mark Moogalian for his heroic actions. Adopted Resolution recognizing The Honorable John C. Watkins on his retirement from the Virginia General Assembly. WORK SESSIONS A Work Session was held regarding the proposed 2016 Legislative Program. A Work Session was held to update the Board on the activities of the Chesterfield-Colonial Heights Department of Social Services. 1 DEFERRED ITEMS 15SN0669 In Midlothian Magisterial District, Brian A. Greene requests conditional use to permit a business (tree service) incidental to a dwelling and Approved with amendment of zoning district map in an Agricultural (A) District on 1.4 proffered acres known as 800 Ruthers Road. Density will be controlled by zoning conditions conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential use (2.51 to 4.0 dwelling units per acre). Tax ID 761-703-2752. 15SN0634 In Midlothian Magisterial District, Charter (E & A) LLC requests amendment of conditional use planned development (Cases 94SN0138 Deferred until & 13SN0509) to permit exceptions to density and residential townhouse November 18, standards and amendment of zoning district map in a Community 2015 Business (C-3) District on 10.2 acres fronting 700 feet on the west line of Charter Colony Parkway, 850 feet south of Midlothian Turnpike, also fronting 550 feet on the east line of LeGordon Drive, 1115 feet south of Midlothian Turnpike. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Planned Transition Area uses. Tax ID 726-707-Part of 3592. APPOINTMENTS Approved Nomination/appointment of Mr. Charles Witthoefft as a member of the Health Center Commission. Approved Nomination/appointment/reappointment of Mr. Jordan Alexander Smith and Ms. Laney Hull as members of the Youth Services Citizen Board. CONSENT ITEMS Adopted Resolution recognizing Corporal Edward E. Ferrell, Police Department, upon his retirement. Adopted Resolution recognizing Corporal Jeffrey T. Verlander, Police Department, upon his retirement. Adopted Resolution recognizing Lieutenant Jeffrey D. Butler, Fire and Emergency Medical Services Department, upon his retirement. Adopted Resolution recognizing Captain Richard J. Bidwell, Fire and Emergency Medical Services Department, upon his retirement. Adopted Resolution recognizing Lieutenant David S. Harrelson, Fire and Emergency Medical Services Department, upon his retirement. Adopted Resolution supporting the Ettrick site as the future location of the Tri- Cities Multimodal Station. Adopted Resolution recognizing the contributions of Mr. Richard E. “Dick” Page by naming the garden at the North Courthouse Road Library in his memory. 2 Approved Acceptance and appropriation of federal grant funds for the Juvenile Drug Court. Approved Transfer of District Improvement Funds from the Bermuda, Clover Hill, Dale, Matoaca and Midlothian District Improvement Funds to the Chesterfield County Department of Environmental Engineering to purchase and replace interpretive signage at the 1917 Historical Courthouse. Approved Transfer of District Improvement Funds from the Bermuda District Improvement Fund to the Parks and Recreation Department for rentals and labor associated with the annual Veterans Day Ceremony at Bensley Park. Approved Memorandum of Understanding between Chesterfield County and the City of Colonial Heights for back-up communications capabilities. Approved Memorandum of Understanding between Chesterfield County, Henrico County and the City of Richmond for the Capital Region Text-to-911 Project. Approved Memorandum of Understanding between the Chesterfield Community Services Board and Chesterfield County for repayment of the Galloway Place Intermediate Care Facility eligible expenses. Approved Set date of November 18, 2015, for a public hearing to consider the proposed Bon Air Special Area Plan. Approved Set date of November 18, 2015, for a public hearing to consider the proposed Complete Roads Policy. Approved Set date of November 18, 2015, for a public hearing to consider the conveyance of leases of real property at various park sites and athletic complexes for operation of food concessions by co-sponsored athletic associations and leagues. Approved Renaming Beachcrest Road to Beachcrest Drive. Approved State road acceptance of roads in Silverleaf Section C1, Branch’s Bluff Section 4, Bon Secours Drive, Silverleaf Section A1 and Silverleaf Section B1. Approved Initiation of application to amend a zoning condition relative to the provision of in-kind improvements (parking spaces) at the Chester Library. Approved Authorization for the County Administrator to execute the special project service agreement for yard waste processing services through the Central Virginia Waste Management Authority. Approved Water and sewer contract for Oakdale Resubdivision. Approved Water and sewer contract for Lake Margaret oversized waterline through MacLachlan Section 3 Offsite Phase 1 Waterline across Lot 19 on Amstel Bluff Way. 3 Approved Acceptance of parcels of land for the extension of Woolridge Road from 6801 Woolridge Road-Moseley, LP. Approved Acceptance of parcels of land along the west right of way line of Brandermill Parkway from Abberly Centerpointe, LLC. Approved Acceptance of a parcel of land along East Hundred Road from Pepperwood, Incorporated. Approved Award of construction contract for orthophosphate storage tank and transfer system upgrades at the Swift Creek Water Treatment Plant. Approved Request for permission from Brander’s Bridge LLC for a proposed privacy fence to encroach within a sixteen-foot drainage easement across Lot 6, Harrowgate Meadows, Section 3. Approved Request for permission from Harish K. Channaiah and Tanuja Channaiaha for a proposed fence to encroach within an eight-foot easement and a sixteen-foot drainage easement across Lot 33, Little Tomahawk Station Subdivision. Approved Request for permission from Donald L. Crook and Phyllis E. Crook for a private water service within a sixteen-foot alley within plan of Crescent Park to serve property on Normandale Avenue. Approved Request for permission from Hallsley Homeowners Association for an asphalt trail and two pedestrian bridges to encroach within a sixteen- foot sewer easement across Open Space C, Hallsley, Section 4. Approved Request for permission from Karen C. Kern for an existing and proposed boat dock to encroach in the impoundment easement for Swift Creek Reservoir, adjacent to Lot 1, a resubdivision. Approved Request for permission from Karen C. Kern for an existing and proposed boat dock to encroach in the impoundment easement for Swift Creek Reservoir, adjacent to Lot 27, Shelter Cove Subdivision. Approved Request for permission from Gary W. Lilley, Jr. and Katie Lynn Lilley to install a private water service within a county unimproved right of way to serve property on Chalkley Road. Approved Request for permission from Thomas A. Morrison and Karen A. Morrison for a proposed boat dock to encroach in the impoundment easement for Swift Creek Reservoir. Approved Request for permission from David Sanford and Hanna Sanford for a fence to encroach within a sixteen-foot drainage easement across Lot 27, Magnolia Green, Section K3. Approved Request for permission from Gary G. Starr and Kate W. Sloan for an asphalt driveway to encroach within a thirty-foot drainage easement across Lot 50, Mount Blanco on the James, Section 3. Approved Request permission from Robert Zinkwich and Susan Zinkwich for an existing and proposed boat dock to encroach in the impoundment easement for Swift Creek Reservoir. 4 Approved Conveyance of an easement to Virginia Electric and Power Company for a new service line to the gymnasium addition at Monacan High School. Approved Request to quitclaim a portion of a fifteen-foot water easement across the property of Pepperwood, Incorporated. Approved Grant agreement, contract and appropriation of funds for the purchase of a special purpose park along the James River. Approved Cancelled November 18, 2015 public hearing regarding civil enforcement program for violations of law regarding passing of a stopped school bus. REPORTS Accepted Report on Developer Water and Sewer Contracts. Accepted Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. 6:30 P.M. SESSION The Honorable James M. Holland, Dale District Supervisor, gave the invocation. Dr. Sheryl Bailey, Deputy County Administrator, led the Pledge of Allegiance to the Flag of the United States of America. RESOLUTIONS AND SPECIAL RECOGNITIONS Adopted Resolution recognizing Mrs. Deborah Bailey for her contributions to the Broadwater Community. Adopted Resolution recognizing Ms. Marsha L. Sharpe, Director, Chesterfield- Colonial Heights Department of Social Services, for her service to Chesterfield County. CITIZEN COMMENT PERIOD Mr. Freddy Boisseau, Bermuda District resident, expressed concerns relative to the proposed Bikeways and Trails Plan. Ms. Sandy Brasili, Bermuda District resident, expressed concerns relative to the proposed Bikeways and Trails Plan. Mr. Alan Brasili, Bermuda District resident, expressed concerns relative to the proposed Bikeways and Trails Plan. Ms. Nancy Woolridge, Bermuda District resident, expressed concerns relative to improvements needed at the county’s older schools. 5 Approved Claim of Sarah M. Klug and Maury Ann Miller for surplus tax sale funds. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING 16SN0517 In Clover Hill Magisterial District, request of Scale Development LLC for amendment of zoning (Case 06SN0141) to reduce cash proffers and Remanded back amendment of zoning district map in a Residential (R-12) District on to Planning 23.3 acres fronting the northern terminus of South Twilight Lane, 620 Commission feet north of Spruce Pine Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax ID 758-696-3777. 15SN0672 In Clover Hill Magisterial District, request of Redeemer Lutheran Church for amendment of conditional use (Case 85SN0055) to permit Approved with expansion of a private school and increase the number of students plus a proffered conditional use planned development to permit exceptions to ordinance conditions requirements and amendment of zoning district map in a Residential (R- 7) District on 3.9 acres known as 9400 Redbridge Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax ID 751-704-7512. 16CW0133 In Matoaca Magisterial District, request of The Landing Development Approved with Corporation for an exception to Section 19.1-524 of the Chesapeake conditions Bay Preservation Act requirements of the Zoning Ordinance to permit encroachment into the Resource Protection Area (RPA) buffer along Swift Creek Reservoir as a result of grading and construction related to a community pavilion and fire pit. The property is located at 4724 Hidden Falls Drive which is within the Swift Creek drainage basin. Tax ID 717-682-5248. 16SN0503 In Bermuda Magisterial District, request of Chip Avery c/o Avery Approved with Brothers LLC for conditional use to permit private fitness center use and proffered amendment of zoning district map in a General Industrial (I-2) District conditions on 2 acres known as 13537 Charlotte Court. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Corporate Office use. Tax ID 805-649-8125. 16SN0513 In Bermuda Magisterial District, request of Enon LLC for amendment of conditional use planned development (Case 07SN0141) to reduce Approved with cash proffers and modify garage setbacks and amendment of zoning proffered district map in a Community Business (C-3) District on 56.7 acres conditions fronting 330 feet on the east line of North Enon Church Road, 935 feet north of East Hundred Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Medium-High Density Residential (Minimum 4.0 to 8.0 dwellings per acre) and Industrial uses. Tax IDs 824-648-6539 and 826-648-3681. 6 16SN0536 In Midlothian Magisterial District, request of Aura Bowling Deane and Approved with Leslie Emory Deane, Jr. for conditional use to permit family day-care proffered home and amendment of zoning district map in a Residential (R-7) conditions District on .2 acre known as 1948 Neptune Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax ID 745-713-1972. 16SN0546 In Midlothian Magisterial District, request of Barbara J. Corwin for Approved with conditional use to permit a two-family dwelling and amendment of proffered zoning district map in a Residential (R-40) District on 1.2 acres known conditions as 3011 Fawnview Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Low Density Residential use. Tax ID 744-719-3011. 16SN0504 In Midlothian Magisterial District, request of Windswept Development LLC for amendment of zoning (Cases 14SN0578 and 05SN0329) to Approved with increase density, reduce cash proffer, plus relief to street access proffered requirements and amendment of zoning district map in Agricultural (A) conditions and Residential (R-12) District on 50.7 acres fronting the northern terminus of N. Otterdale Road, north of Paddle Creek Drive. Residential use of up to 3.63 units per acre is permitted in the Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for Low Density Residential use (maximum of 1.0 dwelling per acre). Tax IDs 717-714-5888; 718-713-4861; and 718-714-0248. 15SN0657 In Clover Hill Magisterial District, request of The Grove at Lucks Lane, Approved with LLC for rezoning from Agricultural (A) to Multifamily Residential (R- proffered MF) with conditional use to permit group care facility plus conditional conditions use planned development to permit exceptions to ordinance requirements and amendment of zoning district map on 19.5 acres fronting 930 feet on the north line of Lucks Lane, 550 feet east of Explorer Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential use (2.5 dwellings/acre or less). Tax IDs 740-697-6972; 741-697-2669 and 3625. 15SN0665 In Dale Magisterial District, request of Henry E. Myers, Jr. for rezoning Denied from Agricultural (A) to Community Business (C-3) and amendment of zoning district map on .8 acre located in the northeast corner of Iron Bridge Road and Frith Lane. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Corporate Office use. Tax ID 769-663- Part of 9114. 16SN0542 In Midlothian Magisterial District, request of AT&T Mobility for conditional use to permit a communications tower and amendment of Deferred until zoning district map in a Residential (R-25) District on 9.2 acres fronting November 18, 675 feet on the south line of Robious Road, 135 feet west of Corner 2015 Rock Road; also fronting 135 feet on the west line of Corner Rock Road, 280 feet south of Robious Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Low Density Residential use (maximum of 1.0 dwelling per acre).Tax IDs 734-717-9054 and 735- 717-1268 and 2943. 7 PUBLIC HEARINGS Adopted Amendment to the County Code related to the Board of Building and Fire Prevention Code Appeals. Adopted Code amendments relating to variances and Board of Zoning Appeals Meeting procedures. Approved FY2017 Transportation Alternatives Projects. Adopted Amendment to the County Code related to adding Mid-Lothian Mines Park to the list of county facilities where alcohol can be served. Approved Transmittal to Department of Environmental Quality (DEQ) a summary of the county’s legal position, a Report from Golder Associates, verbatim transcript of the public hearing related to Shoosmith Brothers, Inc.’s application for waste material management and disposal to use the quarry as a landfill. Deferred until Consideration of Shoosmith Brothers, Inc.’s application for waste November 18, material management and disposal to use the quarry as a landfill. 2015 Approved Exercise of eminent domain for the acquisition of right-of-way, a permanent slope easement, a permanent drainage easement, and a temporary construction easement for the Route 60 (Alverser Drive to Old Buckingham Road) Widening Project across property at 12001 Midlothian Turnpike. CITIZEN COMMENT PERIOD Mr. Rodney Martin expressed concerns relative to various county/school issues. The meeting adjourned at 11:20 p.m. until November 18, 2015, at 3 p.m. in the Public Meeting Room. 8