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2012-10-24 MinutesBOARD OF SUPERVISORS MINUTES October 24, 2012 Supervisors in Attendance: Staff in Attendance: Mr. Daniel A. Gecker, Chairman Mr. Mike Bacile, Dir., Ms. Dorothy A. Jaeckle, Vice Chrm. Purchasing Mr. Arthur S. Warren Mr. Jim Banks, Asst. Dir., Mr. James M. Holland Transportation Mr. Stephen A. Elswick Ms. Janice Blakley, Clerk to the Board Mr. James J. L. Stegmaier Mr. Kevin Bruny, Chief County Administrator Learning Officer Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Will Davis, Dir., Economic Development Colonel Thierry Dupuis, Police Department Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Real Property Manager Mr. Joe Horbal, Commissioner of Revenue Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services. Mr. Louis Lassiter, Asst. County Administrator Mr. Jeffrey L. Mincks, County Attorney Chief Edward L. Senter, Fire Department Ms. Marsha Sharpe, 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 11-568 Mr. Decker called the regularly scheduled meeting to order at 3:01 p.m. 1. APPROVAL OF MINUTES FOR OCTOBER 10, 2012 On motion of Mr. Holland, seconded by Mr. Warren, the Board approved the minutes of October 10, 2012, as submitted. Ayes: Decker, Jaeckle, Warren, Holland and Elswick. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT Mr. Stegmaier was pleased to report that on December 7th at the Richmond Marriott, Virginia Commonwealth University will present to the county one of the "Excellence in Virginia Government Awards." He stated Chesterfield Economic Development and the Chesterfield Library will receive the "Innovation in Government Award" for the economic development outreach program - "My Business Starts Here." Mr. Stegmaier announced that a dedication ceremony for the new headstock and amphitheater at Midlothian Mines Park was held October 20th. He stated the event was held as part of Midlothian Mines Day and in conjunction with the Midlothian Village Festival. Mr. Stegmaier reported that Colonial Kia recently received its occupancy certificate for the new Kia dealership in the Walthall area. 2.B. RICHARD BLAND COLLEGE UPDATE Dr. Debbie Sydow, President of Richard Bland College, provided an update on activities at the college. Mr. Decker expressed his appreciation for Dr. Sydow's informative update. Mayor of Colonial Heights, Mr. Scott Davis expressed his appreciation to the Board for their continued support of Richard Bland College. 2.C. MODEL COUNTY GOVERNMENT Mr. Stegmaier called forward Ms. Jana Carter, Director of Juvenile Services, to provide details of the event. Ms. Carter thanked county and school officials for allowing the students to shadow them and making this a successful program. She stated Model County Government is a collaborative effort between Youth Planning and Development, the Extension Office and Schools. The students and their advisors came forward and introduced themselves. Several of the students were seated with the Board members and County Administrator and participated in today's meeting. Mr. Stegmaier expressed appreciation to Ms. Carter, her team and county personnel for allowing the students to shadow them. J J J 11-569 3. BOARD MEMBER REPORTS Mr. Holland stated it is his hope and expectation that a specialty center will be created for entrepreneurship at one of the county's high schools. He also highlighted a brochure relative to how local county government operates. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Elswick, seconded by Mr. Warren, the Board replaced Item 8.C.2., Adoption of the 2013 Legislative Program. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 5. RESOLUTIONS 5.A. RECOGNIZING ASSISTANT CHIEF MARK SHREVE, DEFENSE LOGISTICS AGENCY RICHMOND FIRE AND EMERGENCY SERVICES, FOR HIS OUTSTANDING PROFESSIONAL ACCOMPLISHMENTS Mr. Kappel introduced Assistant Chief Mark Shreve, who was present to receive the resolution. On motion of Mr. Elswick, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Chesterfield County, Virginia, is proud to be the home of Defense Logistics Agency Richmond; and WHEREAS, Chesterfield County's Department of Fire and Emergency Medical Services maintains a close professional relationship with Defense Logistics Agency Richmond's Fire and Emergency Services Department; and WHEREAS, the two departments have an Automatic Response Agreement for structure fires; and WHEREAS, Chesterfield County and DLA Richmond also share resources for dealing with Hazardous Material incidents; and WHEREAS, firefighters from the Defense Logistics Agency Richmond participate in Chesterfield County's Fire and Emergency Medical Services Department's In-Service training; and WHEREAS, Chesterfield County is pleased to note that Defense Logistics Agency Richmond's Fire and Emergency Services Department has been selected as the 2011 Defense Logistics Agency Fire Department of the Year; and WHEREAS, the department's Assistant Chief, Mark Shreve, is a recognized leader in his profession, serving on the executive board of the Federal Military Section, Virginia Fire Chief's Association; and WHEREAS, he also has served as a member of the Metro Richmond Operations Officers Group; and 11-570 WHEREAS, Assistant Chief Shreve has more than 23 years of professional experience, including 17 years with the Defense Logistics Agency, and six years as a firefighter in the U.S. Air Force; and WHEREAS, Assistant Chief Shreve serves as the Accreditation Manager for his department; and WHEREAS, his many responsibilities include overseeing the department's training, fire prevention and public education programs; and WHEREAS, Assistant Chief Shreve has been named the 2011 Defense Logistics Agency Fire Officer of the Year; and WHEREAS, this award marks the third time that Assistant Chief Shreve has been selected for this distinguished national honor; and WHEREAS, in an even more rigorous competitive process, Assistant Chief Shreve has been selected as the Fire Officer of the Year for 2011 for the Department of Defense. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of October 2012, hereby congratulates Assistant Chief Mark Shreve on his outstanding professional accomplishments, on his selection for his third award as DLA Fire Officer of the Year, and for his selection as the 2011 Department of Defense Fire Officer of the Year, and extends best wishes for continued success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Assistant Chief Shreve, and that this resolution be recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Mr. Elswick presented the executed resolution to Assistant Chief Mark Shreve and congratulated him on his outstanding professional accomplishments. Chief Senter commended Assistant Chief Mark Shreve and stated Chief Shreve. is an integral part of the Fire and EMS community. Assistant Chief Mark Shreve, accompanied by his family, expressed his appreciation to the Board for the recognition. 6. WORK SESSIONS There were no Work Sessions at this time. J J J 11-571 7. DEFERRED ITEMS 7.A. CONSIDERATION OF AN AMENDMENT TO THE COUNTY CODE KL''LA'1'1NCi '1'V riUN'1'~K5 YUS5E55ING FIREARMS NEAR COUNTY SCHOOLS AND PARKS AND PROVIDING FOR A PENALTY On motion of Mr. Elswick, seconded by Mr. Holland, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 14-11 RELATING TO POSSESSING LOADED FIREARMS NEAR PUBLIC SCHOOLS OR PARKS AND PROVIDING FOR A PENALTY BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 14-I1 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 14-11. - Same-Hunting or carrying a loaded firearm near public schools or parks. (a) No person shall shoot, hunt or attempt to hunt with a firearm within 100 yards of any property line of any county public school or county park. (b) Except for handguns carried lawfully pursuant to Virginia Code § 18.2-308(B)(6), no person while hunting shall transport, possess or carry a loaded firearm within 100 yards of any property line of any county public school or county park. (c) This section shall not apply to lands within a national or state park, state forest or wildlife management area. (d) The provisions of this section shall not apply to the discharge of a firearm for .the killing of deer pursuant to Code of Virginia, § 29.1-529. This exemption shall apply on land of at least five acres that is zoned for agricultural use. (e) Any person violating the provisions of this section shall be guilty of a class 4 misdemeanor. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 11-572 7.B. CONSIDERATION OF AMENDMENTS TO THE COMPREHENSIVE PLAN FOR CHESTERFIELD COUNTY Mr. Turner stated the Board held a public hearing on October 10, 2012, on the proposed amendment to the county's Comprehensive Plan. He further stated the Board has scheduled the Plan amendment for action at today's meeting. Mr. Gecker briefly summarized the Comprehensive Plan revision process to the audience. In regards to The Public Facilities Plan chapter as recommended by the School Board, Mr. Elswick stated the charts shown in Attachment 4 on pages 2,3 and 4 have been in the process, and in every public hearing thus far, as well as in the draft plan. He further stated it would be inappropriate to remove the charts at the last minute. He stated he is aware that the numbers relative to the charts will change over time. In response to Mr. Gecker's question, Mr. Mincks stated the Board does not need to vote in order to leave the charts in the document. Mr. Holland concurred with Mr. Elswick, stating the data needs to be left in the document because it serves as a benchmark for future changes. Ms. Jaeckle stated building capacity should also be shown within the document as well. She further stated capacity can determine the logical path to the possibility of moving a specific program. In response to Mr. Gecker's concerns regarding accurate data, Mr. Turner stated staff will work with school administration to provide accurate numbers. On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board approved amending the Public Facilities Plan chapter relative to Schools as recommended by the Planning Commission, except amend the Planning Commission's action as recommended by the School Board relative to 1) a statement for each of these charts relative to the updating and publishing of this data; and 2) timing brackets for elementary, middle, high and alternative school facilities all shown as follows; and further to update charts for elementary, middle, and high schools with current capacity, enrollment and design data for each school. J J J 1'1-573 Elementary Schools The county has 38 elementary schools enrolling 26,000 students in kindergarten through 5th grade. The county's elementary schools have a combined program capacity of nearly 27,000 students for a systemwide utilization of 96 percent in the 2012-13 school year. Elementary schools enroll an average of 678 students each and are an average of 40 years old. Program capacity and enrollment for individual schools is subject to change. Annually, this information is published in the Capital Improvement Program (CIP) and the school division's Financial Plan. Middle Schools The county has 12 middle schools enrolling 14,000 students in 6th through 8th grades. The county's middle schools have a combined program capacity of 15,200 students for a systemwide utilization of 92 percent in the 2012-13 school year. Middle schools enroll an average of 1,165 students each and are an average of 39 years old. Program capacity and enrollment for individual schools is subject to change. Annually, this information is published in the Capital Improvement Program (CIP) and the school division's Financial Plan. High Schools The county has 11 high schools enrolling 18,700 students in 9th through 12th grades. The county's high schools have a combined program capacity of 19,600 students for a systemwide utilization of 96 percent in the 2012-13 school year. High schools enroll an average of 1,702 students each and are an average of 30 years old. Program capacity and enrollment for individual schools is subject to change. Annually, this information is published in the Capital Improvement Program (CIP) and the school division's Financial Plan. Elementary School Recommendations FACILITY RECOMMENDATIONS 2014-2020 • Revitalize/Replace: o Beulah o Crestwood o Enon o Ettrick o Harrowgate o Matoaca o Reams • New Facility: o Old Hundred/Otterdale: in the vicinity of Old Hundred and Otterdale Roads, north of Genito Road and south of Midlothian Turnpike 11-574 Post 2020 • Revitalize/Replace: o Bensley o Bon Air o Chalkley o Davis o Grange Hall o Hening o Hopkins o Swift Creek o Wells ~ New Facilities: o Hull Street/Otterdale: in the vicinity of Hull Street and Otterdale Roads, east of Skinquarter Road and south of Duval Road. o Ruffin Mill: in the vicinity of Ruffin Mill Road, Enon Church Road and Ramblewood Drive. Middle School Recommendations FACILITY RECOMMENDATIONS 2014-2020 • Revitalize/Replace: o Manchester o Providence • Revitalize/Replace: o Falling Creek o Matoaca East o Matoaca West o Swift Creek • New Facilities: o Chester Area: in the vicinity of Chester and West Hundred Roads. o Western Route 360: in the vicinity of Hull Street and Otterdale Roads. High School Recommendations FACILITY RECOMMENDATIONS ~f A '1 A 7 A rf A Note: With the exception of Monacan High School, all high schools in the county have been renovated, replaced, or newly constructed within the past 15 years. To provide all students with equity of opportunity and parity of programs and facilities, Monacan needs to be modernized as funding becomes available. J J J 11-575 n....~ ~fnnn • Revitalize/Replace: o Monacan • New Facilities: o Branders Bridge: in the vicinity of Branders Bridge, Bradley Bridge and Iron Bridge Roads north of Swift Creek. o Genito/Otterdale: in the vicinity of Genito and Otterdale Roads northwest of Swift Creek Reservoir. o Chester/Route 288: in the vicinity of Chester Road and Route 288 north of Route 10. ALTERNATIVE SCHOOL SETTINGS FACILITY RECOMMENDATION Post 2020 • Revitalize/Replace: o Community High School Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board approved amending the Public Facilities Plan chapter relative to neighborhood parks shown as follows: .Neighborhood Parks FACILITY RECOMMENDATIONS ~n~~ ~n~n • Old Hundred/Otterdale: in conjunction with construction of new elementary school: fl.....~ ~n~~ • Hull Street/Otterdale: in conjunction with construction of new elementary school. • Ruffin Mill: in conjunction with construction of new elementary school. • Chester Area: in conjunction with a middle school. • Western Route 360: in conjunction with construction of new middle school. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 11-576 Ms. Jaeckle suggested the Board add Richard Bland College to the Economic Development chapter. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved amending the Economic Development chapter relative to education and training shown as follows: EDUCATION & TRAINING Chesterfield area employees have above-average levels of education and skill, and work in business-friendly environments rich with training opportunities. Close ties between local businesses and industries and our institutions of higher education, Virginia State University and John Tyler Community College, assist in tailoring educational programs and curriculum to area employers' needs. Accessibility to other area colleges and universities to include Virginia Commonwealth University, College of William and Mary, University of Virginia, Richard Bland College and J. Sargeant Reynolds Community College allows Chesterfield County to have a readily available educated workforce. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved amending the Public Facilities Plan chapter relative to the Police section shown as follows: FACILITY RECOMMENDATIONS • Bensley District Station: this station should be located in the vicinity of Route 1 and Dundas Road. • Enon District Station: in the vicinity of Interstate 295 and Route 10 to address coverage and service gaps that result from community growth and development. • Upon the completion of the Enon and Bensley District Stations, the Chester District Station should be closed. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Ms. Jaeckle recommended that the Board amend the Public Facilities Plan chapter relative to Fleet Management, as well as, directing staff to come back before the Board with justification for size of the proposed facility and a plan for re-use of the Walmsley facility. In response to Ms. Jaeckle's question, Mr. Key stated he does not have the exact square footage of the three facilities at this time. He further stated the Mercury study that was done concluded that the overall square footage of the facilities and base sizes were inadequate to handle the fleet equipment built today. Mr. Gecker recommended that the item be revisited in order to gather data. J J J 11-577 Ms. Jaeckle stated a lot of the county's private businesses are constantly changing to adapt to various vehicles that need to be maintained. She further stated she would like to see more in depth research looking into the possibilities of contracting business out to other facilities. She noted auto repair and maintenance seem to be the type of businesses that are very attractive to areas that need revitalization. She expressed concerns relative to the bus facility moving farther west out of Chippenham/Hull Street corridor. Mr. Key stated staff will provide a strategy that deals with both facilities and outsourcing fleet management services. Mr. Gecker directed staff to provide data driven recommendations for which option the Board should pursue. In regards to amending the Implementation chapter relative to infrastructure financing, Mr. Elswick stated proffers need to be addressed. He further stated Phase I is the main priority. Mr. Gecker concurred with Mr. Elswick and stated the Board has remained committed to taking a hard look at proffers. Mr. Holland stated he is in support of the recommendation. On motion of Mr. Elswick, seconded by Mr. Holland, the Board approved amending the Implementation chapter relative to moving infrastructure financing to a Phase I step with a time period for staff completion of 9 months, shown as follows: INFRASTRUCTURE FINANCING. Evaluate the cash proffer policy and other methods to finance infrastructure needs; revise existing policies and adopt new policies, as necessary. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. On motion of Mr. Holland, seconded by Mr. Elswick, the Board approved amending the Land Use Plan chapter relative to land use recommendations in the vicinity of Jessup Road and Route 10 shown as follows: Note 3: Chippenham Parkway/Route 10 and Jessup Road/Route 10 At the northeast and southeast quadrants of Chippenham Parkway and Route 10 and at the northwest and southwest quadrants of Jessup Road and Route 10, land uses other than those shown on the Land Use Plan Map may be appropriate if adequate. land is assembled to minimize the impact on surrounding land uses; if high quality, upscale and innovative architecture and site design is employed to provide a positive first impression on visitors and potential investors; if adequate land is assembled to provide direct vehicular access to Route 10 without using internal residential streets; and if mitigating road improvements are provided. Such alternative land uses could include Community Mixed Uses or Regional Mixed Uses. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 11-578 On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board approved amending the Economic Development chapter relative to acreages shown for the Enterprise Zones shown as follows: Opportunity Zones ENTERPRISE ZONES Jefferson Davis Corridor Primary Enterprise Zone (3,792 acres) Walthall Primary Enterprise Zone (3,451 acres) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. In regards to amending the Environment chapter relative to general environment guidelines for the Upper Swift Creek watershed, Mr. Warren indicated that based on comments received during the public hearing, he was concerned about communication with citizens involved in the development of the Upper Swift Creek Plan; that in response, he directed staff to prepare a comparison matrix of environment guidelines included in the Upper Swift Creek Plan and the draft Plan; and that his review of this information indicates that additional language is redundant to what is included within the plan. He further stated it is important that the citizens feel comfortable with the language throughout the document. He stated he will not pursue amendments related to the Upper Swift Creek Plan since the new plan addresses the issues. Mr. Elswick stated when he met with the Planning staff he was very straightforward to make sure the Upper Swift Creek Plan was integrated into the overall Comprehensive Plan. He stressed the importance of protecting all bodies of water that surround Chesterfield County. Mr. Gecker stated he believes the overall plan, which applies the Swift Creek watershed standards throughout the county, strengthens the county as a whole. He further stated he fully supports not having the duplicative inclusion. As a point of clarification regarding the prior motion on schools, Mr. Gecker inquired whether the Board desired to include the following language from the School Board's recommended changes: Program capacity and enrollment for individual schools is subject to change. Annually, this information is published in the Capital Improvement Program (CIP) and the school division's Financial Plan. Mr. Holland approved of the recommendation. Mr. Elswick inquired if the language would be added in lieu of the charts. J J J 11-579 Mr. Gecker stated the language be an addition to the charts. He stated citizens should know the data on which the plan was predicated. He further stated the School Board's objection was that the data in the charts changes annually, and therefore it might mislead the public to keep the charts in the plan. He stated if the language is included the public will be aware of where to find up to date information. He stated the inclusion of the charts will provide a baseline under which the plan was developed. On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board once again approved amending the Public Facilities Plan chapter relative to schools as recommended by the Planning Commission except amend the Planning Commission's action as recommended by the School Board adding a statement for each of the charts relative to the updating and publishing of the data; and further to update charts for elementary, middle, and high schools with current capacity, enrollment and design data for each school as previously outlined. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Mr. Holland expressed his appreciation to the Planning Commission and staff for the efforts devoted to the draft Comprehensive Plan. He stated the Comprehensive Plan is a promise made and a commitment kept to citizens of Chesterfield County. Mr. Holland then made a motion, seconded by Mr. Warren, for the Board to adopt the Comprehensive Plan, with approved amendments, as adopted today. Mr. Elswick recognized the Planning Commissioners in attendance. Ms. Jaeckle commended the Planning Commission and Planning staff for all their hard work. Mr. Warren expressed his appreciation to Planning staff and to Mr. Russ Gulley who led the effort to make sure the plan was presented in a timely matter and acceptable to all Board members. Mr. Gecker stated there was substantial involvement from the citizenry, the Steering Committee, and dedicated Planning staff. He further stated the downturn in zoning cases gave way to the opportunity for the county to envision its future. He expressed his appreciation for the amount of time and effort it took for the Planning Commission and Board of Supervisors to move the plan through. He stated he is incredibly pleased with the final product. Mr. Elswick urged the Model County Government participants in the audience to read the Comprehensive Plan. Mr. Gecker called for the vote made by Mr. Holland, seconded by Mr. Warren, for the Board to adopt the Comprehensive Plan, with approved amendments, as adopted today. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 11-580 8. NEW BUSINESS 8.A. AFPOINTMENTS On motion of Mr. Warren, seconded by Mr. Gecker, the Board suspended its rules at this time to allow for simultaneous nomination/appointment to the Youth Services Citizen Board. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.A.1. YOUTH SERVICES CITIZEN BOARD On motion of Mr. Holland, seconded by Mr. Warren, the Board simultaneously nominated/appointed Ms. Khushbu Patel, Mr. Reaushon Gilbert and Ms. Juliana Hybner, representing the Dale District, to serve as members of the Youth Services Citizen Board, whose terms are effective November 1, 2012 and expire June 30, 2013. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.B. STREETLIGHT COST APPROVALS On motion of Mr. Holland, seconded by Mr. Warren, the Board approved the following streetlight installation: Dale District • In the Branches Bluff subdivision, in the cul-de-sac of Evelake Road, on the existing pole. Cost to install streetlight: $321.74 Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C. CONSENT ITEMS 8.C.1. ADOPTION .OF RESOLUTIONS RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 8.C.l.a. DEPUTY FIRST CLASS ROBERT A. ACAMPORA, SHERIFF'S OFFICE On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Mr. Robert A. Acampora has faithfully served Chesterfield County for 24 years; and WHEREAS, Mr. Acampora was hired on November 7, 1988, and was assigned to the Chesterfield County Jail; and WHEREAS, Deputy Acampora was transferred to the Quartermaster Unit in October 2004, where he was instrumental in preparing that unit for the transition to the new jail facility; and J J J 11-581 WHEREAS, on November 29, 2008, Deputy Acampora met all requirements to qualify as a Deputy First Class; and WHEREAS, Deputy First Class Acampora has demonstrated his versatility, skill and strong work ethic in a wide range of departmental assignments in both the Correctional and Court Services sections of the department; and WHEREAS, Deputy First Class Acampora has aided in ensuring that employees of the Sheriff's Office meet the highest standards by serving as a field training officer; and WHEREAS, Deputy First Class Acampora demonstrated further commitment to protecting the citizens of Chesterfield County by serving on the Sheriff's Special Operations Response Team (SORT); and WHEREAS, Deputy First Class Acampora received numerous letters of appreciation and commendation for his dedication and service to the employees and citizens of Chesterfield County; and WHEREAS, Deputy First Class Acampora was selected as Employee of the Quarter in 1996 and again in 2008; and WHEREAS, Deputy First Class Acampora has amassed an exemplary attendance record, having not utilized any sick leave during the course of his entire career. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Deputy First Class Robert A. Acampora, expresses the appreciation of all residents for his service to Chesterfield County and extends appreciation for his dedicated service to the county and congratulations upon his .retirement, as well as best wishes for a long and happy retirement. Ayes: Gecker, Jaeckle, Warren, Holland. and Elswick. Nays: None. 8.C.l.b. MRS. JUANITA WOLFE-WATERS, DEPARTMENT OF MENTAL HEALTH SUPPORT SERVICES On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Mrs. Juanita Wolfe-Waters has provided 26 years of dedicated and faithful service to Chesterfield County and has devoted herself to supporting the mission- of the Chesterfield Community Services Board and the Department of Mental Health Support Services; and WHEREAS, Mrs. Wolfe-Waters began her career with the Chesterfield County Department of Building Inspection and provided excellent administrative support to the Building Official, Assistant Building Official and the Administrative Manager and as Secretary to the Chesterfield Board of Building Code Appeals; and WHEREAS, Mrs. Wolfe-Waters served as the department liaison to the Chesterfield County Department of Human Resources; and WHEREAS, .Mrs. Wolfe-Waters was promoted to Administrative Secretary in January 1990; and WHEREAS, Mrs. Wolfe-Waters was promoted to Administrative Assistant in June 1997, providing supervision 11-582 to five administrative staff in addition to other administrative duties; and WHEREAS, Mrs. Wolfe-Waters was selected as the 1990 Employee of the Year for the Department of Building Inspection; and WHEREAS, in October 2003, Mrs. Wolfe-Waters accepted the position of Administrative Assistant to the Executive Director and to the Chesterfield Community Services Board, the Administrative Policy Board of the Department of Mental Health Support Services; and WHEREAS, Mrs. Wolfe-Waters served on the Department of Mental Health Support Services Quality Council, United Way Committee, E-CET Phase I and II Committees, Employee Recognition Committee, Customer Service Committee, Exit Interview Work Group, Employee of the Year Committee, and the Community Services Board Annual Recognition Event Committee; and WHEREAS, Mrs. Wolfe-Waters completed the Supervisory Leadership Institute in 1999 and graduated from TQI University in August 2007; and WHEREAS, Mrs. Wolfe-Waters served as mentor to other administrative professionals within the department, as well as professional organizations of which she is a member; and WHEREAS, Mrs. Wolfe-Waters served on Chesterfield County's Focus Group to explore partnering with Virginia Tech to provide a certification review class through Chesterfield University for administrative professionals to prepare for taking certification exams; and WHEREAS, Mrs. Wolfe-Waters volunteered in the Santa Call/Letter Program of the Department of Parks and Recreation, typing several hundred personalized letters from Santa to area school children over a ten-year period; and WHEREAS, Certified Proi Administrative Certification Administrative areas; and Mrs. Wolfe-Waters achieved sessional Secretary in 1996 Professional in 2002 from of the International Professionals and has re certification as and as Certified the Institute of Association of certified in both WHEREAS, Mrs. Wolfe-Waters has been actively involved in the International Association of Administrative Professionals since 1992, where she has served on the Chapter Board in several positions and on committees on the local and division level and on the Board of Directors of the Certified Professional Secretaries Association as treasurer; and WHEREAS, Mrs. Wolfe-Waters achieved 2011/2012 IAAP Member of Excellence and, as President of Tri-City Chapter IAAP, led the organization to achieve its first designation as 2011/2012 IAAP Chapter of Excellence from the International Association of Administrative Professionals. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Mrs. Juanita Wolfe-Waters, and extends appreciation for her 26 years of dedicated service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. J J J 11-583 8.C.3. AWARD OF CONTRACT FOR IMPROVEMENTS AT THE ADDISON EVANS WATER TREATMENT PLANT On motion of Mr. Holland, seconded by Mr. Elswick, the Board awarded a construction contract to Southwood Building Systems, Inc. for County Project #11-0202, Addison Evans Water Treatment Plant - Flocculation and Sedimentation Basin Improvements, in the amount of $681,510, and authorized the County Administrator to execute the necessary documents. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.4. APPROVAL OF RADIO SYSTEM AND SERVICES AGREEMENT WITH THE CITY OF HOPEWELL On motion of Mr. Holland, seconded by Mr. Elswick, the Board authorized the County Administrator to execute a radio system and services agreement with the City of Hopewell regarding the County's Public Safety Communications System. (It is noted a copy of the agreement is filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.5. SET DATE FOR PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATING TO TAXICAB FEES FOR TRIPS ORIGINATING AT RICHMOND INTERNATIONAL AIRPORT On motion of Mr. Holland, seconded by Mr. Elswick, the Board set November 14, 2012, as the date for a public hearing to consider an amendment to the County Code relating to taxicab fees for trips originating at Richmond International Airport. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.6. DESIGNATION OF FY2014 CHESTERFIELD REVENUE SHARING PROJECTS AND APPROPRIATION OF FUNDS On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution designating the projects as listed in the resolution as the county's FY2014 Revenue Sharing projects, totaling $20 million: WHEREAS, Section 33.1-23.05 of the Code of Virginia permits the Commonwealth Transportation Board to make an equivalent matching allocation to any County for designations by the governing body of up to $10,000,000 in funds received by it during the current fiscal year for use by the Commonwealth Transportation Board to construct, maintain, or improve primary and secondary highway systems within such County; WHEREAS, the Chesterfield County Board of Supervisors will make available $10 million for the Chesterfield Revenue Sharing Program with the adoption of the FY2014 Appropriation Resolution and other Board action; and 11-584 WHEREAS, the Virginia Department of Transportation has notified the county that $10 million is the maximum amount of Chesterfield County funds that can be matched by the state during FY2014. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors appropriates and/or transfers $10 million to be matched by the State for the FY2014 Chesterfield Revenue Sharing Program. AND, BE IT FURTHER RESOLVED that the matched funds be allocated to the following projects: $765,093 Walton Park Sidewalk, Phase III Preliminary Engineering, Right-of-way and Construction $382,546.50-VDOT and $382,546.50-County $1,234,907 Deer Run Drive Sidewalk, Phase I Preliminary Engineering, Right-of-way and Construction $617,453.50-VDOT and $617,453.50-County $2,500,000 Old Bermuda Hundred Road at Old Stage Road Intersection Improvements Preliminary Engineering, Right-of-way and Construction .$1,250,000-VDOT and $1,250,000-County $500,000 Old Centralia Road (Castlebury Drive to Glen Oaks Drive) Sidewalk Preliminary Engineering, Right-of-way and Construction $250,000-VDOT and $250,000-County $600,000 Harrowgate Road (Old Hundred Road to School Street) Sidewalk Preliminary Engineering, Right-of-way and Construction $3,600,000 Lucks Lane (Spirea Road to Evergreen Drive) Widen to Four Lanes Preliminary Engineering, Right-of-way and Construction $1,800,000-VDOT and $1,800,000-County $3,600,000 Newbys Bridge Road (Hagood Lane to Belmont Road) Shoulders and Pavement Widening Preliminary Engineering, Right-of-way and Construction $1,800,000-VDOT and $1,800,000-County $3,600,000 E River Road (Granger Street to Colonial Heights)Widen to Four Lanes, Phase I Preliminary Engineering, Right-of-way and Construction $1,800,000-VDOT and $1,800,000-County $3,600,000 Providence Road (Route 60 to Woodward Drive) Curb, Gutter and Sidewalk Preliminary Engineering, Right-of-way and Construction $1,800,000-VDOT and $1,800,000-County J J J 11-585 And, further, upon notification from VDOT, the Board appropriated and/or transferred among funds and capital projects all necessary budget entries needed with exception of the amounts provided in the adopted FY2014 CIP in an amount sufficient to match the actual funding provided by VDOT; authorized the County Administrator to enter into the necessary county/VDOT agreements/contracts, permits/mitigation agreements, and surety agreements, acceptable to the County Attorney, for the projects; authorized the County Administrator to proceed with the design and right-of-way acquisition, including advertisement of an eminent domain public hearing, if necessary; and authorized the Chairman of the Board of Supervisors and County Administrator to execute easement agreements for relocation of utilities; and authorized the County Administrator to proceed with the advertisement for construction of the projects. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.7. APPROVAL OF FY2014 PRIORITY LIST OF TRANSPORTATION NEEDS On motion of Mr. Holland, seconded by Mr. Elswick, the Board approved the recommended priority list of primary and interstate transportation needs and letter to Virginia Department of Transportation Commissioner Gregory Whirley; and directed the County Administrator to forward the list and letter to the Richmond District Commonwealth Transportation Board member, Virginia Department of Transportation and Chesterfield County's Legislative Delegations. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.8. AWARD OF CONSTRUCTION CONTRACT FOR TOMAHAWK CREEK MIDDLE SCHOOL ATHLETIC FIELDS SPORTS LIGHTING On motion of Mr. Holland, seconded by Mr. Elswick, the Board authorized the County Administrator to execute a construction contract with Hall Brothers Electric Contractors Inc. in the amount of $352,283, for work at Tomahawk Creek Middle School to install athletic lighting for two soccer/football fields. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 11-586 The following item was removed from the Consent Agenda for Board discussion: 8.C.2. ADOPTION OF THE 2013 LEGISLATIVE PROGRAM Mr. Decker expressed a concern that a better explanation was needed for the item on the equalization of the Richmond Metropolitan Authority. He stated there are no other regional bodies that are situated well enough to accomplish regional directives. Mr. Holland concurred with Mr. Decker's request. Ms. Curtin stated she would revise the explanation. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the 2013 Legislative Program, a copy which is filed with the papers of this Board, with an agreement to change the rational for the Richmond Metropolitan Authority position. Ayes: Decker, Jaeckle, Warren, Holland and Elswick. Nays: None. 9. REPORTS 9.A. REPORT. ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES 9.B. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION FOR CHESTERFIELD PARKS AND RECREATION (CASE 12PD0184) TO PERMIT A SPECIAL PURPOSE PARK 9.C. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION FOR CHESTERFIELD COUNTY (CASE 13PD0108) TO PERMIT A GROUP CARE FACILITY On motion of Mr. Holland, seconded by Mr. Warren, the Board accepted the following reports: a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases; a Report of Planning Commission Substantial Accord Determination for Chesterfield Parks and Recreation (Case 12PD0184) to Permit a Special Purpose Park; and a Report of Planning Commission Substantial Accord Determination for Chesterfield County (Case 13PD0108) to Permit a Group Care Facility. Ayes: Decker, Jaeckle, Warren, Holland and Elswick. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Kimberly Taylor addressed the Board relative to outsourcing fleet management to local businesses. J J J 11-587 11. DINNER On motion of Mr. Holland, seconded by Mr. Elswick, the Board recessed to Room 502, for dinner. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Reconvening: 12. INVOCATION Reverend Leroy Cary, New Direction Evangelistic Church, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA First Class Scout Dylan Crouch, Webelos Pack 2880, led the Pledge of Allegiance. 14. RESOLUTIONS 14.A. RECOGNIZING NOVEMBER AS "CULTURAL ARTS AWARENESS MONTH" IN CHESTERFIELD COUNTY Ms. Snead introduced Ms. Betty Matthews and members of the cultural arts community, who were present to receive the resolution: On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Chesterfield County is recognized for its leadership in providing consistently excellent services to its residents, and one of its major goals is to be known for an extraordinary quality of life; and WHEREAS, the accessibility of cultural arts is an essential component of a vital and thriving community; and WHEREAS, community and school programs that encourage cultural arts afford the opportunity for an exchange of and exposure to ideas, talent and creativity and improve quality of life for the individual and the community; and WHEREAS, a well-rounded education includes exposure to the arts, and helps ensure the ability to have a good job, provide for the future and become active in civic affairs that support the well-being of the entire community; and WHEREAS, students participating in cultural arts classes and programs are more engaged in school and more likely to complete their education; and WHEREAS, a strong work force is essential to economic vitality and the sustainability of businesses and industry; and 11-588 WHEREAS, Chesterfield County has a long history in all the cultural arts, including music and dance, literature and poetry; and has included performances with the John Rolfe Players and the Swift Creek Mill Theatre and visual arts with the Bon Air Artists and the Chester Artists Association; and WHEREAS, the dream of building a cultural arts venue in Chesterfield County began many years ago and became a recommendation in the 1989 Chester Village Plan, and Chesterfield County residents voted to approve building a cultural arts center through bond referendums; and WHEREAS, the Chesterfield Center for the Arts Foundation has kept the dream alive, in partnership with the county, to secure funds to build the cultural arts center; and WHEREAS, Chesterfield County has many vibrant and exciting cultural arts groups, businesses, and schools that would use a cultural arts venue to share their creative talents with our community and with visitors from surrounding counties and the Tri-City area, as well as with tourists; and WHEREAS, enhancing opportunities to benefit from the cultural arts is integral to our quality of life and the Chesterfield Center for the Arts Foundation has worked tirelessly to increase awareness of this benefit. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby declares the month of November as "Cultural Arts Awareness Month" in Chesterfield County and calls this recognition to the attention of all its citizens. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Ms. Jaeckle presented the executed resolution to Ms. Matthews and commended her for her involvement in the cultural arts community. Ms. Matthews expressed her appreciation to the Board for the special recognition. Members of the Chesterfield Center for the Arts Foundation introduced themselves and highly praised Ms. Matthews for her outstanding accomplishments. Mr. Holland recognized the Boy Scouts of Webelos Pack 2880, who were in attendance. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. J J J 11-589 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 11SN0196 In Midlothian Magisterial District, Union Boulders Land, LLC requests amendment of conditional use planned development (Case 83SN0091) and amendment of zoning district map relative to uses and buffer requirements in a Residential (R-7) District on 5.7 acres fronting 1170 feet on the east line of Boulders Parkway, 1345 feet north of Midlothian Turnpike. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for a high density residential use or a mix of high density and offices uses. Tax ID 763-708-2968. Mr. Turner presented a summary of Case 11SN0196 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered condition. Mr. Jim Theobald accepted the condition. Mr. Gecker 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 Mr. Holland, for the Board to approve Case 11SN0196 and accept the following proffered condition: The property owner and applicant in this case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the property under consideration will be developed according to the .following proffer if, and only if, the request submitted herewith is granted with only those conditions agreed to by the owner and applicant. In the event this request is denied or approved with conditions not agreed to by the owner and applicant, the proffer shall immediately be null and void and of no further force or effect. 1. Master Plan. The Textual Statement dated July 9, 2012 shall be the Master Plan. (P) (NOTE: All previous conditions of zoning approved in Cases 83SN0091, 85SN0138 and 89SN0245 shall remain in full force and effect, excluding the amendments outlined in the attached textual statement.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 11-590 12SN0245 In Clover Hill Magisterial District, Eric J. Carlson, Sr. requests conditional use approval and amendment of zoning district map to permit a two-family dwelling in an Agricultural (A) District on 4.5 acres known as 10000 West Providence Road. Density will be controlled by zoning conditions or .ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.5 dwellings per acre or less. Tax ID 749-694-2032. Mr. Turner presented a summary of Case 12SN0245 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Eric Carlson accepted the conditions. Mr. Decker 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 Mr. Holland, for the Board to approve Case 12SN0245 and accept the following proffered conditions: 1. 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, guests and any domestic servants. (P) 2. For the purpose of providing record notice, within thirty (30) days of approval of this request, a deed restriction shall be recorded setting forth the limitation in Condition 1 above. The deed book and page number of such restriction and a copy of the restriction as recorded shall be submitted to the Planning Department . ( P ) 3. This conditional use shall be granted to and for Eric J. Carlson, Sr. or his immediate family only and shall not be transferable nor run with the land. (P) Ayes: Decker, Jaeckle, Warren, Holland and Elswick. Nays: None. 13SN0100 In Matoaca Magisterial District, James and Hazel Miles request conditional use approval and amendment of zoning district map to permit a business (boat motor repair) incidental to a dwelling in an Agricultural (A) District on 2.4 acres fronting the east line of Branders Bridge Road, north of Birdbrook Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.01 - 2.5 units/acre. Tax IDs 795-621-0072 and 1887. J J 11-591 Mr. Turner presented a summary of Case 13SN0100 and stated both the Planning Commission and staff recommended approval subject to the conditions. Mr. James Miles accepted the conditions. Mr. Gecker called for public comment. There being no one to speak to the request, the public hearing was closed. Mr. Elswick made a motion, seconded by Mr. Warren, for the Board to approve Case 13SN0100, subject to the following conditions: 1. This conditional use approval shall be granted to and for James, Sr, and Hazel Miles, exclusively, for a period not to exceed five (5) years and shall not be transferable nor run with the land. (P) 2. This conditional use approval shall be limited to the operation of a boat motor repair business, exclusively, and no employees other than the applicants shall be permitted. (P) 3. Other than normal maintenance or improvements necessary to meet the Virginia Statewide Building Code, there shall be no exterior additions or alterations to the structures. (BI & P) 4. Except for a 400 square foot area used for motor and part storage behind the existing garage, storage within the existing open carport structure attached to the garage and parking for a maximum of twelve (12) customer boats, outside storage shall not be permitted. Additionally, the applicants shall restrict the boat storage and motor repair operation to the rear yard behind the garage. (P) 5. There shall be no signs permitted to identify this use. (P) 6. No deliveries shall be permitted before 8:00 a.m. or after 5:00 p.m. (P) 7. Hours of operation shall be restricted to between 8:00 a.m. and 6:00 p.m., Monday through Saturday. No Sunday operation shall be permitted. (P) 8. The existing solid board fence located along the property boundary adjacent to Tax ID 795-621-0665, which shall not exceed a height of seven (7) feet, shall be properly maintained to preclude view of the business. (P) 9. All driveway and parking areas shall be at least graveled. (P) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 11-592 ~ ae*Tn~ n~ In Bermuda Magisterial District, Kat A. Bonilla requests conditional use approval and amendment of zoning district map to permit a family day-care home in a Residential (R-15) District on .3 acre known as 11912 Warfield Ridge Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.5 dwellings per acre or less. Tax ID 796-657-0695. Mr. Turner presented a summary of Case 13SN0101 and stated both the Planning Commission and staff recommended approval subject to the condition and acceptance of the proffered conditions. Ms. Kat Bonilla requested that the time limitation be removed. Mr. Gecker called for public comment. There being no one to speak to the request, the public hearing was closed. Ms. Jaeckle suggested removing the time limitation to run with the ownership of the land. Mr. Gecker noted a proffered condition states the conditional use approval shall not be transferable nor run with the land. Ms. Jaeckle then made a motion, seconded by Mr. Holland, for the Board to approve Case 13SN0101 and accept the following proffered conditions: 1. This conditional use approval shall be granted to and for Kat A. Bonilla, exclusively, and shall not be transferable nor run with the land. (P) 2. There shall be no exterior additions or alterations to the existing structure to accommodate this use. (P) 3. There shall be no signs permitted to identify this use. (P) 4. This conditional use shall be limited to providing care, protection and guidance to a maximum of twelve (12) children, other than the applicant's own children, at any one time. (P) 5. Hours and days of operation shall be limited to Mondays through Fridays from 6 a.m. to 6 p.m. There shall be no Saturday or Sunday operation of this use. (P) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. J J J 11-593 13SN0106 In Midlothian Magisterial District, Smith Packett requests amendment of conditional use (Case 03SN0202) and amendment of zoning district map to delete a restriction on the location of parking in Community Business (C-3) and Residential (R-7) Districts on 11.5 acres fronting the east line of North Pinetta Drive, north of Midlothian Turnpike. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use and medium density residential use of 1.51 to 4.0 units/acre. Tax IDs 754-706-1128. Mr. Turner presented a summary of Case 13SN0106 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered condition. Mr. Andy Scherzer, representing the applicant, accepted the recommendation. Mr. Gecker 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 Mr. Warren, for the Board to approve Case 13SN0106 and accept the following proffered condition: Buildings and parking shall be located as required by Proffered Conditions III.A.1 and III.A.3.b.i of Case 03SN0202 except as follows: A maximum of fifty-eight (58) parking spaces to serve nursing, convalescent, rest homes, group care facilities and multi-family residential uses shall be permitted to be located generally parallel to Tract A and north of buildings as shown on Exhibit A prepared by Balzer and Associates, Inc., dated 7/3/12. Detailed drawings of this parking shall be submitted to the Planning Department for approval prior to commencing construction. (All other conditions of Case 03SN0202 shall remain in force and effect.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 13SN0109 In Midlothian Magisterial District, Birchwood Richmond, LLC requests amendment of conditional use planned development (Case 83SN0091) and amendment of zoning district map relative to provision of tennis courts in a Residential (R-7) District on 32.1 acres known as 725 Boulder Springs Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for a high density residential use or a mix of high density and office uses. Tax ID 763-709-7118. 11-594 Mr. Turner presented a summary of Case 13SN0109 and stated both the Planning Commission and staff recommended approval subject to the condition. Mr. Scott Stephens accepted the condition. Mr. Gecker 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 Mr. Elswick, for the Board to approve Case 13SN0109, subject to the following condition: With the approval of this request Condition 40 of Case 835N0091 shall be amended as follows: Recreational facilities shall be provided in the multifamily tract generally as shown on Exhibit 1 prepared by SMS Architects dated July 19, 2012; however, the types of recreational facilities and their locations shall be permitted to be modified with the approval of a revised recreation plan approved by the Director of Planning. The recreational facilities shall include, at a minimum, a club house and pool. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 13SN0114 In Clover Hill Magisterial District, Harvest Glen Land Holding, LLC requests amendment of conditional use planned development (Case 04SN0225) and amendment of zoning district map relative to density in a Residential Multifamily (R-MF) District on 35 acres fronting 350 feet on the west line of Courthouse Road, across from Kewbridge Court. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for office/residential mixed and conservation/recreation uses. Tax IDs 744-698-1472; and 744-699-1834, 2505, 3310 and 6727. Mr. Turner presented a summary of Case 13SN0114 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Andy Scherzer, representing the applicant, accepted the recommendation. Mr. Gecker 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. Jaeckle, for the Board to approve Case 13SN0114 and accept the following proffered conditions: 1. Density. Density shall not exceed four point seven one (4.71) dwelling units per acre. (P) J J J 11-595 (NOTE: This condition supersedes Proffered Condition B.l. of Case 04SN0225.) 2. Impact on Capital Facilities. The applicant, sub- divider, or assignee(s) shall pay the following, for all units in excess of 154, for infrastructure improvements within the service district for the property to the County of Chesterfield prior to the issuance of building permit per dwelling unit; provided, however, that for the period from July 1, 2011, to June 30, 2017, the applicant, sub-divider, or assignee(s) shall pay the following to the county of Chesterfield immediately after completion of the final inspection: a. $18,966.00 per dwelling unit, if paid prior to July 1, 2013. At the time of payment, the $18,966.00 will be allocated pro-rated among the facility costs as follows: $878.00 for parks and recreation, $247.00 for library facilities; $10,133.00 for roads, $7,142.00 for schools, and $566.00 for fire stations; or b. The amount approved by the Board of Supervisors not to exceed $18,966.00 per dwelling unit pro-rated as set forth above and adjusted upward by any increase in the Marshall and Swift building cost index between July 1, 2012, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2013. c. In the event the cash payment is not used for which proffered within 15 years of receipt the cash shall be returned in full to the payer. d. Should any impact fees be imposed by Chesterfield County at any time during the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward but not be in addition to any impact fees in a manner determined by the County. (B&M) (NOTE: This condition is in addition to Proffered Condition 20 of Case 04SN0225.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 13SN0119 In Bermuda Magisterial District, Tyler Fausz requests conditional use approval and amendment of zoning district map to permit automobile repair and vehicle storage yard in a General Industrial (I-2) District on 2.5 acres known as 16411 Jefferson Davis Highway. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. Tax ID 800-633-Part of 3135. Mr. Turner presented a summary of Case 13SN0119 and stated both the Planning Commission and staff recommended approval subject to the condition and acceptance of the proffered conditions. Mr. Tyler Fausz accepted the conditions. 11-596 Mr. Gecker 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 Mr. Elswick, for the Board to approve Case 13SN0119, subject to the following condition: In addition to uses currently permitted on the property, the following uses shall be permitted: a. Automobile repair; and b. Vehicle storage yard (P) And, further, the Board accepted the following proffered conditions: 1. At such time as the existing building is expanded and/or a new building is constructed on the property, a public wastewater line shall be extended to the property, and all structures shall be connected to the public wastewater system. (U) 2. Dedication. Prior to any site plan approval, or within sixty (60) days of a written request by the Transportation Department, whichever occurs first, sixty (60) feet of right-of-way measured from the centerline of Route 1 immediately adjacent to the property shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 3. Access. Direct vehicular access from the property to Route 1 shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. Prior to final site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded from the Route 1 access to serve the adjacent property to the north. (T) 4. Road Improvements. In conjunction with any development or redevelopment on the property, as determined by the Transportation Department, the developer shall construct additional pavement along Route 1 at the approved access to provide a right turn lane, and dedicate any additional right of way (or easements) required for this improvement. (T) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 13SN0122 In Bermuda Magisterial District, Jack R. Wilson, III requests conditional use planned development approval and amendment of zoning district map to permit exceptions to ordinance requirements in a Community Business (C-3) District on 1.2 acres known as 1900 West Hundred Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. Tax ID 803-654-4443. J J J 11-597 Mr. Turner presented a summary of Case 13SN0122 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Jack Wilson accepted the recommendation. Mr. Gecker 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 Mr. Warren, for the Board to approve Case 13SN0122 and accept the following proffered conditions: 1. The textual statement dated September 28, 2012, shall be considered the master plan. (P) 2. The building and gas canopy shall have an architectural design generally as shown on the attached elevations (Attachments 2 & 3) Review and approval of the elevations shall be in conjunction with any site plan review. (P) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 17. PUBLIC HEARINGS There were no Public Hearings at this time. 18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits or rezoning at this time. 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 Mr. Holland, seconded by Ms. Jaeckle, the Board adjourned at 7:06 p.m. until November 14, 2012 at 3:00 p.m. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. --` J mes J. tegm er Daniel A. Gecker County Administrator Chairman 11-598 J J J 11-599