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2023-03-08 Minutes 23-120 3/8/2023 BOARD OF SUPERVISORS MINUTES MARCH 8, 2023 Supervisors in Attendance: Mr. Kevin P. Carroll, Chair Mr. James A. Ingle, Jr., Vice Chair Mr. Christopher M. Winslow Mr. James M. Holland Dr. Mark S. Miller Mr. Carroll called the meeting to order at 2:00 p.m. 1. APPROVAL OF MINUTES On motion of Mr. Winslow, seconded by Mr. Holland, the Board approved the minutes of February 22, 2023, as submitted. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 2. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION There were no requests to postpone agenda items and additions, deletions or changes in the order of presentation. 3. WORK SESSIONS 3.A. EVERYDAY EXCELLENCE Mr. Matt Harris, Deputy County Administrator, introduced Mr. Kevin Payne, Assistant Director of Accounting, who announced last year, the e-payables program produced just over $320,000 in revenue by allowing the county to receive a rebate from its banking services provided based on the total program spend. He further stated the purchasing card program, which offers a physical credit card to selected employees in order to make eligible small-dollar purchases, also generated revenue. Board members commended Mr. Payne and members of the Accounting Department for their successful and continued success. 3.B. OVERVIEW OF BUDGET PROCESS Mr. Matt Harris provided the Board with a brief introduction to the larger, overall work session, focused specifically on the budget process; off-cycle Board actions; the five-year plan; and information pertaining to general fund growth since FY2020. 23-121 3/8/2023 3.C. FY2024 SCHOOLS’ PROPOSED BUDGET PRESENTATION Ms. Ann Coker, Chair of the Chesterfield County School Board, accompanied by Dr. Merv Daugherty, Superintendent, provided an overview of the FY2024 Chesterfield County Public Schools’ proposed budget. She stated the Superintendent’s proposed budget focuses on three main priorities which include recruitment and retention; maintaining service levels given student growth and inflation; and critical service level increases. She further stated the proposed budget would fund operational costs for the 2023-24 school year while providing the needed resources to meet many state requirements and guidelines, reach community expectations, address growth in student enrollment and recruit and retain a high-quality workforce. She stated the budget proposal includes an additional $63.3 million investment in education over the fiscal year 2023 budget levels, which includes a $33.8 million increase in workforce investment, $23 million to maintain service levels and $6.5 million to address critical service level needs. She noted projected funding increases include $34.3 million in state revenue and $33.9 million in additional needed local or state funding to meet requirements and community expectations, recruit and retain the best talent and serve students appropriately. In closing, she reviewed components relative to the Capital Improvement Program which include ongoing projects, referendum projects, non-referendum projects, and other projects. Discussion and questions ensued relative to the $8 million budget shortfalls; state budget challenges; the county’s efforts to provide additional funding; recruitment and retention; workforce development; location of schools in conjunction with transportation needs; and ongoing projects. 3.D. COUNTY’S PROPOSED FY2024 BUDGET AND PROPOSED FY2024- FY2028 CAPITAL IMPROVEMENT PROGRAM Mr. Gerard Durkin, Director of Budget and Management, provided a comprehensive review of the County Administrator’s proposed FY2024 budget and FY2024-FY2028 Capital Improvement Program which includes year-to-year changes; five-year plans; and proposed funding for new facilities, renovations, and expansions of existing facilities. Regarding education, he stated Schools is consistently a top priority of the county and remains the largest single expenditure of the county’s annual budget which focuses on the next phase of the trach salary study at $36 million and the results of the schools pay study for general employees at $23.6 million – a total of approximately $60 million across both plans. He further stated with state budget outcomes up in the air, the county will continue to work with school peers through budget adoption to chart a fiscally sound path the balances their budget as well as lowers the school’s reliance on one-time sources. Regarding tax relief, he stated the proposed budget incorporates a series of tax relief measures to citizens and business communities. He further stated today’s tax relief measures amount to a reduction in general fund revenue of over $23 million, and, when coupled with existing relief programs, total over $37 million. He stated mindful that the local real property rate is a benchmark from which we are measured, and of the financial pressures faced by citizens, a reduction in the real estate tax of three cents – the lowest rate on record. Coupled with 23-122 3/8/2023 the increase in our BPOL threshold from $300k to $400k, exempting over an additional 14,300 vehicles from personal property taxes, and adjustments to tax relief programs for the elderly and disabled, 2022 will mark the first full-year implementation of the widest tax relief program in the county’s history. Regarding compensation, he stated the budget incorporates a multi-pronged implementation of a general employee pay plan totaling $15 million in FY2023. He further stated phase one of the plan will raise the minimum wage of positions unique to the county from $12 per hour to $16 per hour in order to effectively compete with the wider market. He then reviewed additional funding initiatives relative to community outreach and waste and recycling center enhancements, as well as public safety staffing and other out- year highlights. Regarding the Capital Improvement Program (CIP), he stated this budget proposes a general obligation bond financing authorized by a public referendum. He further stated at a proposed $165 million for the county, the slate of projects targeted were selected using a data-driven approach via the StratIS platform. He stated the proposed projects span county libraries, parks, and public safety divisions, and places heavy emphasis not only replacing aging facilities, but also enhancing sites within the county that will promote tourism, activating waterfront access, while also generating operational efficiencies by removing the county from costly rental commitments for existing police facilities. In closing, he reviewed FY2023 allocations, mechanics of the tax credit and important dates leading up to the budget adoption on April 5, 2023. Discussion and questions ensued relative to the reduction in the Vehicle Registration Fee from $40 to $20; real estate tax and other tax relief efforts; personal property assessment methodology; initial implementation of the Public Safety Pay Plan; market compression and increased starting salaries for all public safety departments inclusive of the step plan; pay adjustments for remaining workforce; funding to address education needs and state budget shortfalls; county funded projects; required general fund balance; 4. REPORTS There were no Reports to approve at this time. 5. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 6. RECESS FOR DINNER On motion of Mr. Winslow, seconded by Mr. Holland, the Board recessed to dinner in Room 502. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-123 3/8/2023 7. INVOCATION The Honorable Mark Miller, Midlothian District Supervisor, gave the invocation. 8. PLEDGE OF ALLEGIANCE Mr. Matt Harris, Deputy County Administrator, led the Pledge of Allegiance to the Flag of the United States of America. 9. COUNTY ADMINISTRATOR UPDATE 9.A. GENERAL ASSEMBLY UPDATE Ms. Natalie Spillman, Intergovernmental Relations Administrator, provided the Board with a General Assembly update. She stated of the 2,863 bills and resolutions that were introduced during this session, 1,687 have passed both bodies and are on to the Governor for signing. She further stated when the General Assembly adjourned, they adopted a “skinny budget” without acting on any of the budget amendments that had been presented, leaving the state’s projected $3 billion dollars of surplus influx. She highlighted various challenges due to the shortfall statewide and stated other critical funding includes the state’s revenue stabilization fund, state construction projects and the Virginia Retirement System trust fund. Discussion and comments ensued relative to budgetary shortfalls in regard to school funding. 9.B. RECOGNITION OF RECENT AWARDS AND EMPLOYEE ACHIEVEMENTS There were no recognition of recent awards and employee achievements at this time. 9.C. OTHER COUNTY ADMINISTRATION UPDATES There were no other County Administration Updates at this time. 10. BOARD MEMBER REPORTS There were no Board Member Reports at this time. 11. RESOLUTIONS AND SPECIAL RECOGNITIONS There were no resolutions or special recognitions at this time. 23-124 3/8/2023 12. NEW BUSINESS 12.A. CONSENT ITEMS 12.A.1. OTTERDALE ROAD DRAINAGE IMPROVEMENT PROJECT AT SWIFT CREEK – APPROPRIATION AND AUTHORIZATION TO INITIATE THE PROJECT On motion of Mr. Ingle, seconded by Mr. Holland, the Board took the following actions for the Otterdale Road Drainage Improvement Project at Swift Creek: 1) authorized the County Administrator to take all steps necessary to initiate the project; 2) authorized the County Administrator to enter into permits, agreements and contracts, acceptable to the County Attorney; and 3) appropriated $1,000,000 in anticipated federal Community Project Funding Grant reimbursements. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.A.2. AUTHORIZE USE OF DISTRICT ENHANCEMENT CAPITAL IMPROVEMENT FUNDS (DECIF) On motion of Mr. Ingle, seconded by Mr. Holland, the Board authorized the use of District Enhancement Capital improvement funds, including authorization to advertise and award construction contracts and change orders, up to the full amount budgeted for each project, and execution of any agreements necessary to complete the projects. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.A.3. FY2023 CHESTERFIELD PUBLIC SCHOOLS GRANT CHANGES On motion of Mr. Ingle, seconded by Mr. Holland, the Board appropriated $972,440.99 to Chesterfield County Public Schools for the Title I, Part A grant. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.A.4. SET A PUBLIC HEARING FOR MARCH 22, 2023, TO CONSIDER AMENDING SECTION 9-16 OF THE COUNTY CODE TO PERMIT REFUNDS OF SURPLUS REAL ESTATE TAX REVENUE On motion of Mr. Ingle, seconded by Mr. Holland, the Board set a public hearing date for March 22, 2023, to consider amending Section 9-16 of the County Code to permit refunds of surplus real estate tax revenue. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Jason Melendez addressed the Board relative to issues concerning recycling. Ms. Charlotte Carter addressed the Board relative to various issues involving the county’s Police Department. 23-125 3/8/2023 14. DEFERRED ITEMS FROM PREVIOUS MEETINGS There were no deferred items from previous meetings. 15. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA 22SN0012 In Clover Hill Magisterial District, Royal Farms at Warbro Road is a request to amend zoning approval (Case 16SN0565) relative to proffered conditions and amendment of zoning district map in Light Industrial (I-1) District on 5.22 acres fronting approximately 480 feet north line of Hull Street Rd at the intersection of Warboro Road, and 462 feet along the east line of Warboro Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Corporate Office/Research & Development/Light Industrial use. Tax ID 738- 681-9293. Ms. Hall introduced Case 22SN0012. She stated staff is requesting a deferral until the Board’s regularly scheduled April 26, 2023, meeting. Mr. Carroll called for public comment on the deferral. There being no one to speak to the deferral, the public hearing was closed. On motion of Mr. Winslow, seconded by Mr. Ingle, the Board deferred Case 22SN0012 until the April 26, 2023, regularly scheduled meeting. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 22SN0119 In Matoaca Magisterial District, Whalon Transportation Service Business is a request for conditional use to permit a transportation business from home to include on-site parking of 5 vehicles to serve the business and amendment of zoning district map in a Residential (R-15) District on 0.39 acre known as 14430 Branding Iron Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Rural Residential/Agricultural use. Tax ID 720-652-6081. Ms. Hall introduced Case 22SN0119. She stated staff is requesting a deferral until the Board’s regularly scheduled April 26, 2023, meeting. Mr. Carroll called for public comment on the deferral. There being no one to speak to the deferral, the public hearing was closed. On motion of Mr. Carroll, seconded by Mr. Winslow, the Board deferred Case 22SN0119 until the April 26, 2023, regularly scheduled meeting. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-126 3/8/2023 22SN0032 In Clover Hill Magisterial District, Rountrey Phase 5 is a request to rezone from Agricultural (A) to Residential (R-12) with conditional use to allow recreational neighborhood facilities, conditional use planned development to permit exceptions to ordinance requirements and/or development standards, and relief to street access to permit more than 50 lots on a single public road, and amendment of zoning district map on 51.11 acres known as 3101 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 dwellings per acre). Tax ID 715-690-1939. Ms. Hall introduced Case 22SN0032. She stated the district supervisor is requesting a deferral until the Board’s regularly scheduled meeting in January 2024. Mr. Carroll called for public comment on the deferral. There being no one to speak to the deferral, the public hearing was closed. On motion of Mr. Winslow, seconded by Mr. Carroll, the Board deferred Case 22SN0032 until the Board’s regularly scheduled meeting in January 2024. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. Ms. Hall stated for each case on the consent agenda, staff has received written confirmation from the applicants that they agree with the conditions being imposed and all proffers are offered in compliance with state law. 22SN0007 In Clover Hill Magisterial District, Bediako RV is a request for conditional use to permit parking of a recreational vehicle outside of the rear yard and amendment of zoning district map in a Residential (R-9) District on 0.27 acres known as 10800 Corryville Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential: 4.0 dwellings/acre or less uses. Tax ID 745-690-6126. Ms. Hall introduced Case 22SN0007. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Carroll called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Winslow, seconded by Mr. Ingle, the Board approved Case 22SN0007, subject to the following conditions: 23-127 3/8/2023 1. Non-Transferable Ownership. This conditional use approval shall be granted exclusively to Antoine Bediako and shall not be transferable nor run with the land. (P) 2. Use. This conditional use approval shall be for the parking of one (1) recreational vehicle no greater than forty (40) feet in length. (P) 3. Location of recreational vehicle. The recreational vehicle shall be parked within the side yard and front yard, no less than five (5) feet from the side property line. No part of the vehicle may protrude further than nine (9) feet from the front plane of the house. (P) 4. Screening. Evergreen plantings shall be planted along both sides of the driveway where the recreational vehicle will be stored, as depicted in Exhibit A. The planting height shall be at least five (5) feet in height at the time of planting and shall reach a minimum height of ten (10) feet at maturity. A landscaping plan providing the exact species and number of trees, as well as a planting schedule, shall be submitted to the Planning Department within sixty (60) days of approval of this request. (P) Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 22SN0021 In Matoaca Magisterial District, FC Richmond Expansion & Amendment is a request for amendment of zoning approval (Case 16SN0690) to modify the master plan, development standards (including setbacks and buffers), and road dedications on 79.98 acres of an 84.1 acre tract, plus conditional use to permit commercial indoor and outdoor recreational establishments (with incidental office use (including medical), sit down and carry-out restaurants (concessions) and sports related retail uses), a computer-controlled variable message electronic sign, and outside public address systems with conditional use planned development to permit exceptions to ordinance requirements on 4.12 acres, and amendment of zoning district map in an Agricultural (A) District on a total of 84.1 acres including the above mentioned 4.12 acres known as 17101, 17201, and 17301 Genito Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential I and Phased Suburban Residential uses (Maximum of 2 dwellings per acre). Tax IDs 706-688-6608; 706-689-2923 and 5820. Ms. Hall introduced Case 22SN0021. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Carroll called for public comment. Mr. Will Shewmake voiced his approval of the request. There being no one else to speak to the issue, the public hearing was closed. 23-128 3/8/2023 Mr. Carroll made a motion, seconded by Mr. Winslow, for the Board to approve Case 22SN0021, subject to the following proffered conditions: Proffered Condition 1 of Case 16NS0690 is hereby amended as follows: 1. Master Plan. The Textual Statement, dated June 6, 2016 and as amended February 13, 2023, and Exhibit A, last revised April 18, 2016 and prepared by Balzer and Associates, Inc. shall be considered the Master Plan. (P) Staff Note: With the approval of this request, Proffered Condition 1 of Case 16SN0690 shall be amended as outlined above. All other conditions of Case 16SN0690 shall remain in force and effect. Proffered Condition 9 of Case 16SN0690 is hereby amended as follows: 2. Sound Limitation. Amplified sound shall not exceed fifty (50) dBa at the nearest property line adjacent to GPIN’s 705-687-3536, 706-686-4973, 5767, 6562, 7358, 8554, and 9639, 707-686-0936, and 708-687-1246. (P) Staff Note: With the approval of this request, Proffered Condition 9 of Case 16SN0690 shall be amended as outlined above. All other conditions of Case 16SN0690 shall remain in force and effect. The following new proffered conditions are offered with Case 22SN0021: 3. Expansion of Uses and Exceptions to Additional Parcels. GPIN’s 706-689-5820 and 706-689-2923 will be incorporated into the overall development plan for properties included in Case 16SN0690. Except for Proffered Condition 4.a., the proffered conditions and textual statement approved with Case 16SN0690 as amended by Case 22SN0021 shall be applicable to GPIN’s 706-689-5820 and 706-689-2923. (P) 4. Environmental Standards. The following environmental standards shall be provided. The Department of Environmental Engineering shall approve the exact design and implementation of these standards. a. Super silt fence, or an alternative as approved by the Department of Environmental Engineering, shall be provided as a perimeter control. b. Sediment traps and basins sized at least 25% larger than the minimum Virginia Erosion and Sediment Control Handbook’s standard. c. Anionic PAM, Flexible Growth Medium and /or a County- approved equivalent shall be applied to denuded areas during construction and at final stabilization in the locations shown on plans approved by Environmental Engineering at the time of plans review. (EE) 23-129 3/8/2023 5. Utilities. The public water and wastewater systems shall be used for all non-residential structures requiring domestic water and wastewater service plumbing. (U) 6. Dedication. Prior to issuance of any land disturbance permit or within forty-five (45) days of any site plan approval that includes all or part of Parcel ID/GPIN 706- 689-2923 and/or 706-689-5820, whichever occurs first, forty-five (45) feet of right of way on the south side of Genito Road, measured from the centerline of that part of Genito Road immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 22SN0109 In Clover Hill Magisterial District, Celiberti Subdivision is a request to rezone from Residential (R-7) and Agricultural (A) to Residential (R-12) and amendment of zoning district map on 0.76 acre known as 105 Ravenscroft 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 to 4 dwellings per acre). Tax ID 744-704-9020 and 9308. Ms. Hall introduced Case 22SN0109. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Carroll called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Winslow, seconded by Mr. Holland, the Board approved Case 22SN0109, subject to the following proffered conditions: The applicant hereby offers the following proffers, which shall apply to GPIN #744-704-9308. 1. Utilities. Public water and wastewater shall be used. (U) 2. Architectural Design Standards The property shall be developed in accordance with the following architectural/Design Elements, which are considered minimum standards. a. Variation in front elevation. The same front elevation may not be located adjacent to, directly across from, or diagonally across the street from each other on the same street. Variation in the front elevation may not be achieved by simply mirroring the façade but may be accomplished by providing at least two (2) of the following architectural changes: i. Providing different materials and/or siding types on at least 50% of the elevation ii. Providing a different roof type/roof line. 23-130 3/8/2023 iii. Alternating the color theme with respect to siding, doors, and trim. b. Foundations. All exposed foundations shall be constructed of brick, stone, or a combination thereof. c. Foundation planting beds. Foundation planting is required along the entire front façade of the dwelling. Foundation planting beds shall be a minimum of four (4) feet wide from the dwelling unit foundation. Planting beds shall be defined with a trenched edge or suitable landscape edging material. Planting beds shall include medium shrubs, spaced a maximum of four feet apart, and planting beds may include spreading groundcovers. Unit corners shall be visually softened with vertical accent shrubs (four to five feet in height) or small evergreen trees (six to eight feet in height) at the time of planting. d. Exterior facades. Acceptable siding materials shall include: brick, stone, stucco, synthetic stucco (E.I.F.S.), or horizontal lap siding. Horizontal lap siding may be manufactured from natural wood or cement fiber board or may be premium quality vinyl siding with a minimum wall thickness of 0.044 inches. Synthetic Stucco (E.I.F.S.) siding shall be finished in a smooth, sand, or level texture, no rough textures are permitted. Dutch lap vinyl is prohibited. e. Roof materials. Roofing material shall be dimensional architectural shingles or standing seam metal with a minimum 30-year warranty. All flashing shall be copper or pre-finished aluminum (bronze or black). f. Private driveway. The private driveway shall be hardscaped. Hardscaping shall be constructed of either asphalt, brushed concrete, stamped concrete, exposed aggregate concrete, or decorative pavers. g. Hardscaped front walk. A front walk shall be provided to the front entrance of the dwelling unit. The front walk shall be hardscaped. Hardscaping shall be constructed of either brushed concrete, stamped concrete, exposed aggregate concrete, or decorative pavers. The front walk shall be a minimum of three (3) feet wide. h. Front yard trees. One (1) large tree shall be planted or retained. The front tree shall be a large deciduous tree and have a minimum caliper of two and one-half (2.5) inches. Native trees shall be permitted to have a minimum caliper of two (2) inches. (P) 3. Heating, Ventilation, and Air Conditioning (HVAC) Units and House Generators. Units shall initially be screened from view of public roads by landscaping or low maintenance material, as approved by the Planning Department. (P) The applicant hereby offers the following proffers, which shall apply to GPIN #744-704-9020. 4. Shed. The 26.2’ x 10.7’ shed shall be relocated in a manner that complies with the accessory structure setback requirements for the R-12 district. (P) 23-131 3/8/2023 The applicant hereby offers the following proffers, which shall apply to GPIN #744-704-9020 & 744-704-9308. 5. Subdivision plat. The preliminary subdivision plat must be submitted within 6 months of rezoning approval. (P) Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 22SN0112 In Bermuda Magisterial District, I Don’t Know Sports Grill is a request for conditional use to permit an outdoor public address system and amendment of zoning district map in Community Business (C-3) District on 3.79 acres known as 1920 W Hundred Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Regional Mixed use. Tax IDs 803- 654-0459, 2249 and 3664. Ms. Hall introduced Case 22SN0112. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Carroll called for public comment. Mr. Dean Hawkins urged the Board to approve the request. Ms. Renee Eldred There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Ingle, seconded by Dr. Miller, the Board approved Case 22SN0112, subject to the following conditions: 1. Master Plan. The site shall be developed according with the attached Textual Statement, dated 2/8/2023. (P) 2. Public Address System. Public address systems shall be permitted as accessory to the permitted restaurant use, provided that such systems shall be operated so as not to generate noise levels above 65 dba, as measured at the boundary of the property. Sound levels generated by live entertainment shall be monitored and controlled to comply with the decibel limitation. (P) 3. Hours. Outdoor music shall be operated no later than 10:00 p.m. on Mondays through Thursdays, 12:30 a.m. on Fridays and Saturdays, and 8:00 p.m. on Sundays. (P) Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 22SN0116 In Matoaca Magisterial District, Harris Two Family Dwelling is a request for conditional use to permit two-family dwelling and amendment of zoning district map in a Residential (R-88) District on 2.67 acres known as 13413 Corapeake Terrace. 23-132 3/8/2023 Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential Agricultural use. Tax ID 733-625- 6310. Ms. Hall introduced Case 22SN0116. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Carroll called for public comment. Mr. Rob Carter There being no one else to speak to the issue, the public hearing was closed. Mr. Carroll made a motion, seconded by Mr. Winslow, for the Board to approve Case 22SN0116, subject to the following conditions: 1. Occupancy Limitations: Occupancy of the second dwelling unit shall be limited to the occupants of the principal dwelling unit, individuals related to them by blood, marriage, adoption or guardianship, foster children, personal guests, and household employees. (P) 2. Deed Restrictions: For purposes of providing record notice, prior to the issuance of a certificate of occupancy for the second dwelling unit, a deed restriction shall be recorded setting forth the limitation in Condition 1. The deed book and page number of such restriction as recorded shall be submitted to the Planning Department (P) Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 22SN0122 In Bermuda Magisterial District, Gaulding EMC Sign is a request for amendment of zoning approval (Case 86SN0157) relative to sign requirements, conditional use to allow an EMC sign, plus conditional use planned development for amendments to ordinance requirements, and amendment of zoning district map in Neighborhood Business (C-2) District on 0.5 acre known as 14101 Harrowgate 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 to 4 dwellings per acre). Tax ID 792-643-3608. Ms. Hall introduced Case 22SN0122. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Carroll called for public comment. There being no one to speak to the issue, the public hearing was closed. 23-133 3/8/2023 On motion of Mr. Ingle, seconded by Mr. Carroll, the Board approved Case 22SN0122, subject to the following condition: 1. The EMC shall be in conformance with the size (51.25 square feet maximum) and design as generally shown in Exhibit A. (P) Staff note: All other conditions of case 86SN0157 shall remain in effect. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 22SN0158 In Dale Magisterial District, Ezell Setback and Lot Area Exceptions is a request for conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map in an Agricultural (A) District on 0.83 acre known as 8408 Hopkins Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Neighborhood Business use. Tax ID 784-672-4794. Ms. Hall introduced Case 22SN0158. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Carroll called for public comment. There being no one to speak to the issue, the public hearing as closed. On motion of Mr. Holland, seconded by Dr. Miller, the Board approved Case 22SN0158, subject to the following conditions: 1. Side Yard Setback. The side yard setback for the existing house and proposed attached addition shall be no less than sixteen (16) feet. 2. Lot Area. The lot area shall be at least 0.83 acre. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 16. PUBLIC HEARINGS 16.A. TO APPROVE A LICENSE AGREEMENT WITH EVENTMAKERS USA Mr. Neil Luther stated this date and time has been advertised for the Board to approve a license agreement with EventMakers USA. Discussion ensued relative to the volume level produced by concerts and ways to mitigate the level for citizens in the surrounding area. Mr. Carroll called for public comment. 23-134 3/8/2023 Ms. Renae Eldred addressed the Board relative to volume control. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Winslow, seconded by Mr. Holland, the Board approved a license agreement with EventMakers USA. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 16.B. TO CONSIDER CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY FOR A 15’ UNDERGROUND EASEMENT ACROSS MOSELEY ELEMENTARY SCHOOL Mr. Dean Sasek stated this date and time has been advertised for the Board to consider conveyance of an easement to Virginia Electric and Power Company for a 15’ underground easement across Moseley Elementary School. Mr. Carroll called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Winslow, seconded by Mr. Ingle, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Virginia Electric and Power Company for a 15’ underground easement across Moseley Elementary School. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 16.C. TO CONSIDER CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY FOR A 15’ AND VARIABLE WIDTH UNDERGROUND AND OVERHEAD EASEMENT ACROSS HOPKINS ROAD ELEMENTARY SCHOOL Mr. Sasek stated this date and time has been advertised for the Board to consider conveyance of an easement to Virginia Electric and Power Company for a 15’ and variable width underground and overhead easement across Hopkins Road Elementary School. Mr. Carroll called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Ingle, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Virginia Electric and Power Company for a 15’ and variable width underground and overhead easement across Hopkins Elementary School. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-135 3/8/2023 16.D. TO CONSIDER CODE AMENDMENT RELATIVE TO THE EXTENSION OF PUBLIC ROADS IN AN AGRICULTURAL DISTRICT Mr. Carroll stated his intention to defer consideration of code amendment relative to the extension of public roads in an Agricultural District. Mr. Carroll then called for public comment on the deferral. There being no one to speak to the issue, the public hearing on the deferral was closed. On motion of Mr. Carroll, seconded by Mr. Winslow, the Board deferred consideration of code amendment relative to the extension of public roads in an Agricultural District to the Board’s regularly scheduled meeting on April 26, 2023. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 17. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining manufactured home permits and zoning requests. 18. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 19. ADJOURNMENT On motion of Mr. Winslow, seconded by Mr. Ingle, the Board adjourned at 6:50 p.m. until March 22, 2023, at 6:00 p.m. for a meeting in the Public Meeting Room. __________________________ ___________________________ Joseph P. Casey Kevin P. Carroll County Administrator Chairman