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02-22-2017 Board Summary Board of Supervisors Dorothy A. Jaeckle Leslie A. Haley Christopher M. Winslow James M. Holland Stephen A. Elswick County Administrator Joseph P. Casey Summary of Actions Taken by the Board on February 22, 2017 3:00 P.M. SESSION WORK SESSIONS  Dr. Casey introduced Mr. Keith Gagnon as the new Director of the Purchasing Department. Mr. Gagnon started January 30, 2017, and prior to joining the county he served as the Director of Procurement at the Virginia Community College system. A Work Session was held to update the Board of Supervisors on the status of several bills before the General Assembly and from the county’s legislative program. A Work Session was held to update the Board of Supervisors on the projected FY2017 and FY2018 General Fund Revenues. A Work Session was held to update the Board of Supervisors on the Route 10 Superstreet Project and Smart Scale funding process. A Work Session was held to brief the Board of Supervisors on the 2016 Citizen Satisfaction Survey Results. REPORTS Accepted Report on developer water and sewer contracts. Accepted Reports of Planning Commission Substantial Accord Determination for Verizon Wireless to permit small cell communication facilities in a Neighborhood Business (C-2) District (Case 17PD0170 & Case 17PD0171); in a Neighborhood Business (C-3) District Z(Case 17PD0172 & 17PD0169); and in a Light Industrial (I-1) District (Case 17PD0173). Accepted Report of Planning Commission Substantial Accord determination for Chesterfield County Public Schools (Case 17PD0192) to permit an elementary school (Matoaca Elementary School Replacement) in an Agricultural (A) District. 1 CLOSED SESSION a closed session was held 1) pursuant to section 2.2-3711(a)(7), Code of Virginia, 1950, as amended, for consultation with legal counsel pertaining to November v. Chesterfield County, Virginia where such consultation in an open meeting would adversely affect the litigating posture of the county; and 2) pursuant to section 2.2-3711(a)(3), to discuss the acquisition of real estate for a public purpose where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body; 3) pursuant to section 2.2- 3711(a)(7), for consultation with legal counsel requiring the provision of legal advice regarding consideration by the board of supervisors of zoning cases; and 4) pursuant to section 2.2-3711(a)(1), relating to the performance of a specific county employee. 6:00 P.M. SESSION The Honorable Leslie Haley, Vice Chair, Board of Supervisors, gave the invocation. Deputy County Administrator Lou Lassiter led the Pledge of Allegiance to the Flag of the United States of America. COUNTY ADMINISTRATION UPDATE Sheriff Leonard provided an update to the Board of Supervisors relative to the volunteer efforts of the Sheriff’s Office at the Chesterfield Food Bank. Dr. James Worsley provided an update on River City Sportsplex and sports tourism events. Ms. Susan Pollard shared information relative to the county’s video partnership with CGI Communications. RESOLUTIONS AND SPECIAL RECOGNITIONS Adopted Resolution recognizing Mr. George L. Fickett, Jr., Information Systems Technology Department, upon his retirement. Presentation of the Joseph E. Pittman Longevity Award for continuous county service to Mr. John Harmon. Adopted Resolution recognizing Lieutenant Colonel Donald E. Newton, Jr., Sheriff’s Office, upon his retirement. NEW BUSINESS Approved Advertisement of tax rates for tax year 2017 and advertisement of the proposed FY2018 budget, the FY2018-FY2022 proposed Capital Improvement Program, the Community Development Block Grant and HOME Investment Partnership Grant programs, and other ordinance changes. 2 APPOINTMENTS Approved Nomination/appointment of Sergeant Adrian Otero to serve on the Towing Advisory Board. Approved Nomination/appointment/reappointment of Ms. Mary Ellen Howe, Mr. James V. Daniels, Mr. J. Carl Morris, Mr. Andrew Scherzer, Mr. John V. Cogbill and Ms. Julie Crow to serve on the Preservation Committee. CONSENT ITEMS Adopted Resolution recognizing Master Deputy Charles A. Gaillard, Sheriff’s Office, upon his retirement. Adopted Resolution recognizing Sergeant Edward M. Wessel, Police Department, upon his retirement. Adopted Resolution recognizing Mr. Charles H. Haire, Jr., Juvenile Detention Home, upon his retirement. Adopted Resolution authorizing and providing for the issuance and delivery of an issue not to exceed $21,000,000 for refunding of general obligation public improvement refunding bonds of the county. Approved Authorization of the receipt and appropriation of 2016 State Homeland Security grant funds from the Department of Homeland Security. Approved Transfer of Home Investment Partnerships Funds (HOME) to the FY2016-2017 Housing Opportunities Made Equal Down Payment Assistance to First-Time Homebuyers Program. Approved First amendment to the Employment Agreement for the County Administrator. Approved Return of surplus brush truck to the Bon Air Volunteer Fire Department. Approved Public hearing date of March 15, 2017 to consider an amendment to Section 19.1-42 of the County Code relative to mailed written notice. Approved Public hearing date of March 15, 2017 to consider an amendment to Section 19.1-52 of the County Code relative to uses permitted by special exception. Approved Acceptance of state roads in Sundial Farms Section 2, Sundial Farms Section 4 and Watermark Section A2. Approved Purchase of a parcel of land for the future expansion of Clover Hill Library. Approved Acceptance of parcel of land along Centralia Road from Rose C. Hobbs. Approved Acceptance of a parcel of land along Otterdale Woods Road from JSF Otterdale Midlothian Turnpike CMPI, LLC. 3 Approved Request from KW RCH, LLC to install a private sewer service within a private easement to serve property on Walthall Industrial Parkway. Approved Request to quitclaim a water easement across property of Wen Virginia, LLC. Approved Transfer of District Improvement Funds from the Bermuda, Clover Hill, Dale, Matoaca and Midlothian District Improvement Funds to the School Board for post-prom celebrations. Approved Transfer of District Improvement Funds from the Bermuda, Clover Hill, Dale, Matoaca and Midlothian District Improvement Funds to the Department of General Services to remove and display the old bell at the 1917 Historic Courthouse, and purchase and install a new bell at the 1917 Historic Courthouse Approved Transfer of District Improvement Funds from the Bermuda District Improvement Fund to the Parks and Recreation Department to cover the costs associated with fence-line mulching along the baseball field located at Thomas Dale High School. Approved Transfer of District Improvement Funds from the Dale District Improvement Fund to the Parks and Recreation Department to purchase a storage shed for athletic equipment at the Hopkins Elementary School Sports Complex. CITIZEN COMMENT PERIOD Ms. Patricia Lancaster, representing Alpha Kappa Alpha Sorority, Incorporated, Tau Phi Omega Chapter, addressed the Board relative to voting rights, education and health care. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING 15SN0656 In Midlothian Magisterial District, request of Marc Greenberg and Deferred until Midlothian Land Partnership, LLC for rezoning from Community April 26, 2017 Business (C-3) to Community Business (C-3) with conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map on 25.7 acres fronting 1450 feet on the north line of Midlothian Turnpike, 330 feet west of Winterfield Road; also fronting 230 feet on the west line of Winterfield Road, 315 feet north of Midlothian Turnpike. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Commercial District and Planned Transition Area uses. Tax IDs 724-709-1313, 2311, 2528, 4210, 5831, 6911, 9121; 725-709-1125, 2064 and 7635. 4 17SN0515 Matoaca Magisterial District, request Douglas and Susan Sowers of amendment of conditional use planned development (Case 03SN0307) Deferred until relative to setbacks and to amend cash proffers and amendment of April 26, 2017 zoning district map in a Residential (R-12) District on 98.7 acres located at the southeast corner of Spring Run Road and Springford Parkway. 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 730- 663-3520. 17RW0180 In Bermuda Magisterial District, request of Carey D. Ashford, for an exception to Section 19.1-524 of the Chesapeake Bay Preservation Act Approved with requirements of the Zoning Ordinance to permit encroachment into the conditions Resource Protection Area (RPA) along Proctors Creek as a result of grading and construction of a private in-ground swimming pool. The property is located at 11924 Birdie Lane, which is within the Proctors Creek drainage basin. Tax ID 785-655-7290. In Midlothian Magisterial District, request of Douglas and Susan 13SN0525 Sowers, and Rountrey Development Corp. for an amendment of Approved with conditional use planned development (Case 04SN0232) to amend cash one proffered proffers and amendment of zoning district map in a Residential (R-12) condition District on 190.1 acres located within the New Market Subdivision along Amethyst Drive, Apperly Terrace, Adelay Drive, Avada Drive, Carindale Drive, Farham Lane, Prenoman Lane, Sultree Drive, Willowmore Drive, west of Otterdale Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential I use (maximum of 2.0 dwellings per acre). Tax IDs 713-693-8372; 714-694- 2789, 3374, 4972, 5869, 6187, 6664, 7897, 9074, 9168, 9443, 9462 and 9591; 714-695-2503, 3027, 6544, 6719, 7232, 8414 and 9924; 715-694- 1243, 1386, 2183, 2465, 3041, 3081, 3363, 3799, 3978, 4740, 4776, 5637, 7069, 7434, 7652, 8163, 8186, 8450, 8825 and 9184; 715-695- 0832, 1007, 2004, 2117, 2442, 2901, 4635, 5188, 5460, 6264, 6444, 7148 and 7953; 716-694-1261; 716-695-0187, 1093, 2079, 2099 and 3081; 716-696-3003. 17SN0594 (Amended) In Matoaca Magisterial District, request of Lakewood Investments, LLC for an amendment of zoning (Case 13SN0521) to Approved with amend cash proffers and amendment of zoning district map in a conditions Residential (R-25) District on 201.8 acres located within the Lake Margaret Subdivision along Woodpecker Road, Clancy Court, Lake Margaret Drive, Place and Terrace, north of Cattail Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential Agricultural use (maximum of 0.5 dwellings per acre). Tax IDs 764- 641-7720; 765-641-6256, 6636, 8833, 9074 and 9724; 766-639-7996, 8684, 9170, 9353 and 9935; 766-640-2196, 2987, 3779, 4169, 7789, 8875 and 9863; 766-641-0515, 1407, 1973, 3451, 4739, 5420, 6404, 6776, 7236, 8912 and 9768; 766-642-5904; 767-639-1547, 2955, 4398, 4565, 5590 and 6575; 767-640-0646, 1436, 1690, 2127, 2783, 2817, 3507, 3767, 4658, 5549, 6341, 7131, 7817, 8092, 8800, 8985 and 9977; 767-641-0500, 0854, 1644, 2537, 4027, 5516 and 7101; 768-640-0420, 0870, 2033, 2463 and 3018. 5 17SN0616 In Bermuda Magisterial District, request of Shawn D. Dunn for Approved with conditional use planned development to permit an exception to one condition ordinance requirements relative to a buffer and amendment of zoning district map in a General Industrial (I-2) District on 1.2 acres fronting 145 feet on the west line of Happy Hill Road, 1,300 feet northeast of Jefferson Davis Highway. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Corporate Office/Research and Development/Light Industrial uses. Tax ID 800-632-3167. 17SN0619 In Midlothian Magisterial District, request of BB Hunt LLC for amendment of conditional use planned development (Case 15SN0634) Deferred until to amend cash proffers and amendment of zoning district map in a March 15, 2017 Community Business (C-3) District on 10.2 acres fronting 700 feet on the west line of Charter Colony Parkway, 930 feet south of Midlothian Turnpike, also fronting 550 feet on the east line of Le Gordon Drive, 1,040 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 use. Tax ID 726-707-2550. 17SN0688 In Matoaca Magisterial District, request of Atlantic Development and Acquisition, L.C. for amendment to zoning (Case 16SN0558) to amend Approved with cash proffers and density and amendment of zoning district map in a proffered Multifamily Residential (R-MF) District on 20 acres located in the conditions southeast quadrant of Ashlake and Ashbrook Parkways, also fronting 60 feet on the west line of Bethia Road, 995 feet southwest of Winterpock Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential I use (maximum of 2.0 dwellings per acre). Tax IDs 720-668-8155 and 720-669-Part of 8248. 17SN0742 In Bermuda Magisterial District, request of Bermuda Marketplace, LLC Approved with for amendment of conditional use (Case 16SN0552) to amend cash conditions proffers and amendment of zoning district map in Community Business (C-3) and General Business (C-5) Districts on 8 acres lying 370 feet off the west line of Jefferson Davis Highway, 1,100 feet south of Perdue Springs Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Commercial use. Tax IDs 797-656-3684 and 797-657- 2314. 17SN0763 In Bermuda Magisterial District, request of Ruffin Mill Farm, LLC for Approved with conditional use to permit a commercial retail greenhouse and conditions amendment of zoning district map in a General Industrial (I-2) District on 24.9 acres known as 2120 Ruffin Mill Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Industrial use. Tax ID 805-639-9731. 6 17SN0603 (AMENDED) In Clover Hill Magisterial District, request of Approved with Goochland/West Creek Limited Partnership and Gateway/Texas L.P.for proffered amendment of zoning (Case 91SN0230) relative to hours of operation conditions and permitted transportation density, (Case 01SN0276) relative to uses and (Case 13SN0501) relative to access and amendment of zoning district map in Neighborhood Business (C-2) and Community Business (C-3) Districts on 22 acres fronting 880 feet on the southwest line of Midlothian Turnpike, 130 feet north of Tuxford Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Corporate Office/Research and Development/Light Industrial uses. Tax IDs 751- 706-3789, 751-707-1228 and 4548. 17SN0587 In Matoaca Magisterial District, request of Daniel R. Sowers for Approved with amendment of zoning (Case 05SN0230) to amend cash proffers and proffered amendment of zoning district map in a Residential (R-12) District on conditions 19.9 acres located in the southeast corner of North Spring Run Road and Buck Rub 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 IDs 726-667-9968 and 727-667-3876. 17SN0617 In Midlothian Magisterial District, request of Potts, Minter & Approved with Associates, P.C. for an exception to Section 18-60 of the utility one condition ordinance for connection to the public sewer system and amendment of zoning district map in a Residential (R-40) District on 4.9 acres located at 3320 Old Gun Road West. 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 ID 736-721-7471. 17SN0704 (AMENDED) In Clover Hill Magisterial District, request of Sports Approved with Frog, LLC, Waterford Park, LLC and Waterford Business Center, LC proffered for rezoning from Community Business (C-3) and Light Industrial (I-1) conditions and to Regional Business (C-4) with conditional use to permit multifamily, one imposed townhouse, outside storage, public address system, electronic message condition center signs and brewery uses, and conditional use planned development to permit boat sales, model homes and exceptions to ordinance requirements and amendment of zoning district map on 105.2 acres located in the northeast and northwest quadrants of Genito Road and Genito Place at Rt. 288. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Regional Mixed use. Tax IDs 731-689-5633; 731- 691-Part of 3176; 732-688-0178 and 732-689-5376. 7 PUBLIC HEARINGS Approved Exercise of eminent domain for the acquisition of right-of-way and easements for the Lucks Lane (East Evergreen Parkway to Route 288) Widening Project. Approved Conveyance of an easement to Virginia Electric and Power Company for Dominion Virginia Power’s Strategic Underground Program on Bethia Road. Approved Declaring a portion of a parcel of county property on East River Road surplus and authorizing the conveyance of the parcel. The meeting adjourned at 9:03 p.m. until March 15, 2017 at 12:00 p.m. for a work session in Room 502 at the County Administration Building. 8