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2014-01-22 MinutesBOARD OF SUPERVISORS MINUTES January 22, 2014 Supervisors in Attendance: Staff in Attendance: Mr. James M. Holland, Chairman Mr. Mike Bacile, Dir., Mr. Stephen A. Elswick, Vice Chrm. Purchasing Ms. Dorothy A. Jaeckle Dr. Sheryl Bailey, Dep. Mr. Arthur S. Warren County Administrator, Mr. Daniel A. Gecker Management Services Ms. Janice Blakley, Mr. James J. L. Stegmaier Clerk to the Board County Administrator Ms. Patsy Brown, Dir., Accounting Mr. Kevin Bruny, Chief Learning Officer Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Mr. Barry Condrey, Chief Information Officer, IST Mr. Roy Covington, Dir., Utilities Mr. Will Davis, Dir., Economic Development Mr. William Dupler, Dep. County Administrator, Community Development Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Real Property Manager Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Mr. Mike Likins, Dir., Cooperative Extension Ms. Mary Martin Selby, Dir., Human Resource Services Mr. Jeffrey L. Mincks, County Attorney Mr. Scott Smedley, Dir., Environmental Engineering Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Kirk Turner, Dir., Planning Mr. Scott Zaremba, Dir., Human Resource Programs 14-25 01/22/14 Mr. Holland called the regularly scheduled meeting to order at 3:00 p.m. 1. APPROVAL OF MINUTES FOR JANUARY 8, 2014 On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved the minutes of January 8, 2014, as submitted. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS • Mr. Stegmaier sadly reported the passing of Dr. James McClellan, one of the true statesmen of our community. He stated Dr. McClellan and his wife, Lois, have been engaged and active residents for more than 40 years and he served Virginia State University for many years where he retired as a distinguished professor emeritus. He further stated Dr. McClellan went on to serve on a number of county boards and committees, including the Committee on the Future, Airport Advisory Board, Community Development Block Grant Citizen Committee and the Chesterfield County Electoral .Board. He stated in 2011, Dr. McClellan was presented a Lifetime Achievement Award at the Chesterfield County Investiture Ceremony honoring his many years of service to the county and the Ettrick/Matoaca community. In honor of Dr. James McClellan and his life of service to others Mr. Stegmaier called for a moment of silence. 2.A. FORT LEE JOINT LAND USE STUDY PRESENTATION Mr. Denny Morris, Executive Director of the Crater Planning District Commission, introduced Mr. Vagn Hansen, Project Planner from Benchmark CMR, Inc., made a presentation to the Board on the recently completed Fort Lee Land Use Study. Mr. Hansen stated Fort Lee is an integral part of the economies of its surrounding communities, and the Joint Land Use Study aimed to identify ways for those communities and the military installation to work together to ensure continued success. He further stated information gathered during the process has been used to develop strategies to help ensure Fort Lee's ability to continue its training mission and the continued economic prosperity of the region. Ms. Jaeckle stated every time there is a base closing, a study is conducted to analyze impacts on surrounding areas and communities to plan ahead for future growth. She further stated Fort Lee has a very positive impact on Chesterfield County. In response to Mr. Warren's question relative to developing sectors, Mr. Hansen stated master plans are continually evolving for the installation based on changing budgets. He further stated he is unaware of any major changes occurring. Mr. Morris stated the Crater Planning District Commission has served as the public convener for broad military affairs at Fort Lee. He further stated Fort Lee is very sensitive to the amount of development property that remains. He stated while there is concern going forward relative to base closure, the ability to protect the land they currently have is very important to Fort Lee. J J J 14-26 01/22/14 In response to Ms. Jaeckle's question, Mr. Morris stated one- third of Fort Lee's total workforce currently resides in Chesterfield County. Mr. Stegmaier commended Mr. Morris for keeping Chesterfield County informed of what is happening around the county's southern borders. 2.B. COUNTY ADMINISTRATOR'S REPORT • Mr. Stegmaier congratulated Mr. John Hudgins, an inspector in the county's Department of Building Inspection, for being awarded the Rookie Inspector of the Year by the Virginia Department of Housing and Community Development. He stated Mr. Hudgins earned this recognition for his exemplary work in training code officials throughout the Commonwealth at the Jack A. Proctor Virginia Building Code Academy. • Mr. Stegmaier expressed his appreciation to General Services, Utilities, Environmental Engineering and Parks and Recreation staff and any others who have been out clearing the snow and ice from yesterday's storm. • Mr. Stegmaier was pleased to announce that on Friday, January 24, Integrated Global Services will be holding a ribbon cutting for their 70,000 square foot facility at the Chesterfield Airport Industrial Park. He stated IGS works in the industrial service protection solutions industry and employs 90 people here in the county. He further stated they have been in business for 30 years and provide products and services to more than 30 countries in five continents. Mr. Holland requested a review of the list of county boards, commissions and committees with the possibility of streamlining/eliminating any of them. 3. BOARD MEMBER REPORTS Ms. Jaeckle expressed her appreciation to those who supported the nomination of Mr. Karl Leonard, a retired major in the county police department, for Chesterfield Sheriff at the Republican convention Monday evening. She stated the turnout was quite impressive. Mr. Warren stated Mr. Karl Leonard will be a wonderful addition to leadership as the Sheriff of Chesterfield County. He was sad to report that Mr. Dick Page, an active resident, recently suffered a heart attack and is in ICU. He stated Mr. Page has a close working-relationship with Planning Department staff. Mr. Warren announced the special election for Sheriff will be held on March 18tH Mr. Holland announced on Monday, in honor of Dr. Martin Luther King, Jr., he participated in a community service learning day with the residents of Lucy Corr Village. He commended the late Dr. King, for his legacy and leadership. 14-27 01/22/14 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board deleted Item 8.B.3., Authorization to Allow the Police Department to Enter into a Lease for Office Space; deleted 9.C., Report of Planning Commission Substantial Accord Determination for a Government Office (Public Safety) (Case 14PD0155); and adopted the agenda, as amended. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.A. RECOGNIZING MR. JOHN T. ARRITT, INFORMATION SYSTEMS TECHNOLOGY DEPARTMENT, UPON HIS RETIREMENT Mr. Condrey introduced Mr. John T. Arritt, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. John W. Arritt will retire from the Chesterfield County Information Systems Technology Department on January 31, 2014, after providing 30 years of quality service to the citizens of Chesterfield County; and WHEREAS, Mr. Arritt has faithfully served the county in the capacity of telecommunications coordinator, information center manager, principal microcomputer analyst, communications network analyst, information center team leader and systems programmer for the Information Systems Technology Department; and WHEREAS, Mr. Arritt has provided outstanding customer service to all his customers through the years, including Accounting, County Treasurer, Libraries, Police, Risk Management, Utilities, Human Resources, Registrar and School Board; and WHEREAS, Mr. Arritt led the installation of the first geospatial information system for the county, ushering in a new paradigm of services and capabilities for his customers; and WHEREAS, Mr. Arritt consistently sought training to improve himself and his contribution to the county including classes in effective speaking, UNIX systems administration, systems programming, networking and quality management; and WHEREAS, Mr. Arritt has demonstrated outstanding technical leadership and expert knowledge throughout his tenure with Chesterfield County, resulting in the development and maintenance of major computer infrastructure such as fiber-based local area networks, public safety systems, storage area network and IBM AIX systems; and WHEREAS, Mr. Arritt has trained and mentored technical services staff in the administration of IBM AIX systems, support of geospatial information systems, library computer systems and IFAS systems; and WHEREAS, Mr. Arritt has been a consistent high performer who is dedicated to excellence; and J J J 14-28 01/22/14 WHEREAS, Mr. Arritt has received 27 letters of recognition and commendation from his customers over the years in response to his outstanding performance and commitment; and WHEREAS, Mr. Arritt's humble character, selfless dedication to Chesterfield County and commitment to the county's computing systems are a model for all county employees; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mr. Arritt's diligent service and pleasant personality. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 22nd day of January 2014, publicly recognizes Mr. John W. Arritt, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Arritt and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Mr. Holland presented the executed resolution to Mr. Arritt and commended him on his many years of loyal and dedicated service. Mr. Stegmaier presented Mr. Arritt with an acrylic statue and county watch and expressed appreciation for his outstanding service to the county. Mr. Arritt, accompanied by his wife, expressed his appreciation to the Board for the special recognition. 6. WORK SESSIONS 6.A. PROPOSED FY2015-2019 CAPITAL IMPROVEMENT PROGRAM Mr. Carmody presented an overview of the proposed FY2015-2019 Capital Improvement Program. He provided a discussion overview which included setting the backdrop; emphasis on core services and key objectives; implementation strategies; compliance with stormwater mandates; and next steps. He stated conditions closely aligned with forecasted expectations and challenges remain, but with a different menu than five years ago. He further stated an advance preparation began years ago and the foresight has yielded positive results. He stressed the importance of continuing prudent behavior and innovative approaches. He stated the FY2015 proposal advances formative initiatives relative to investments in the community. He reviewed the emphasis on core services, noting 80 percent of funding is dedicated to public safety, education, and transportation with a continued focus on key county objectives, such as quality of life and revitalization. He noted the plan proposes solutions for: revitalizing the county's oldest schools; preserving a safe community; and improving county roads. He stated the solution 14-29 01/22/14 entails a blended approach that includes: new resources; leveraged funds; alternative contract methods; and project eliminations/revisions. In terms of school revitalization, he stated the proposal preserves the seven-year plan, but not without impacts. He further stated the revised seven-year proposal still requires additional resources, though less than the referendum amount; it includes elimination of a fire station and a library, and a reduced slope to the public safety training center; it also employs a performance contracting component to limit new debt need; it does include minor modification to project sequence; and the embedded technology plan is restructured. In terms of maximizing capital resources, it is important to continue a transportation partnership with the Commonwealth. He reviewed the proposed $10 increase ($20 to $30) in the vehicle registration fee; resources that would be dedicated to the Revenue Sharing program; and would generate $7 million in new transportation resources ($3.5 million local). Ms. Jaeckle noted the expansion from $1 million for local projects to $10 million for project balances relative to local revenue sharing for transportation resources. She requested a list of revenue sharing projects from the previous five years that have been funded. In response to Mr. Elswick's sharing projects, Mr. Carmody plan laid out, beginning with laid out for FY2015. question relative to revenue stated there is an $8 million FY2016; and a $20 million plan Mr. Carmody stated the $10 increase in the vehicle registration fee would generate $3.5 million a year, with the addition of general property tax, which would bring it to an $8 million dollar program, $4 million local; $4 million state. He further stated the ability to stay at a total of $20 million cannot be accomplished solely on the vehicle registration fee. He noted the decision before the Board is how road issues are handled. In response to Mr. Gecker's question, Mr. Carmody stated the county transportation priority list is funded through state dollars. He further stated the proposal addresses completing smaller projects such as curve straightening and intersection upgrades. Mr. Gecker stated at some point the Board needs to weigh whether spending money on straightening a road here or there is more important than some of the other capital items that are in the budget. In response to Mr. Elswick's question relative to proffers, Mr. Carmody stated last year's total was $9 million with 45 percent in road dollars. In terms of fiscal stewardship, Mr. Carmody stated solid financial management protects County creditworthiness with outstanding debt reduced to $120 million between 2009 and 2013; the proposed CIP maintains compliance with key debt ratios; continuing restoration of capital pay-as-you-go funding; and the introduction of new resources dedicated for schools and transportation. He reviewed stormwater mandates, stating the large, multi-year project addresses regulatory compliance while minimizing shocks. He further stated Total 14-30 J J 01/22/14 Maximum Daily Loads (TMDL) work began in FY2014 with consultant study; the cost estimates in proposed plan reflect consultant involvement; and the cost the of three TMDL tiers escalate dramatically: $10 million to $54 million to $104 million; the plan introduces a dedicated funding source to begin addressing mandate; and banks resources to level out financial impacts, prevents shocks. In closing, he stated a public hearing on the CIP is scheduled for March 26th, followed by adoption on April 9th Ms. Jaeckle requested to have the Citizens Budget Advisory Committee make a recommendation to the Board regarding difference in 7-year and 9-year lifecycle costs for CIP projects, including maintenance costs. Mr. Holland requested to have the Citizens Budget Advisory Committee review and provide a recommendation to the Board regarding the County and School proposed CIP. In response to Mr. Elswick's question, Mr. Carmody stated the bond referendum projects are not proposed within the five- year plan. He further stated there have been no previous instances where voters were asked to approve projects and some took priority over others. Ms. Jaeckle stated there has been such a dramatic change in the economy in between the time the bond referendum was passed and today. Mr. Warren stated there is an issue of being true to your word relative to what citizens voted on. He further stated the ZIP Code address transformation is bringing in revenue in the low millions. Mr. Gecker stated many of the 2004 projects cost more than the original estimates, and the issue is not as simple as whether the board is breaking its word. He further stated the Board is restoring that balance in the future CIP by taking away one or two of those things that were part of that package but could not be afforded with the original price tag. Mr. Carmody stated the question remains on the operating side dealing with the cost associated with those new facilities. Mr. Holland requested to have details of 2004 bond projects that have not been completed, to include projected completion dates and cost differences, prior to the February 12t Board of Supervisors meeting. 7. DEFERRED ITEMS 7.A. CONSIDERATION OF AMENDMENTS TO THE COUNTY CODE RELATIVE TO KEEPING OF CHICKENS IN RESIDENTIAL DISTRICTS Ms. Peterson stated on October 15, 2013, following a public hearing, the Planning Commission, with a vote of 4 in favor and 1 opposed, recommended approval of the ordinance amendment with one modification, increasing the maximum number of chickens kept from four to six. She further stated as recommended, chicken keeping would become a use permitted in Residential Districts, subject to specific restrictions. She stated if these restrictions are met, no further zoning action would be required. She further stated if one or more 14-31 01/22/14 of these restrictions are not met, conditional use approval would be required. In response to Mr. Elswick's question, Ms. Peterson stated the Planning Commission recommended a maximum number of chickens kept from four to six. Ms. Jaeckle stated the Planning Commission and Planning staff did a good job preparing the ordinance. She further stated after reading the literature Mr. Gecker provided Board members, she believes the Planning Commission was right to increase the number of chickens kept to six. Mr. Warren stated he believes chickens are deemed solely as agricultural and should not be defined as pets. He noted he does not support the recommendation. Mr. Gecker stated the county has a system right now that allows people to apply to have chickens and provides neighbors with a voice in that decision. He further stated changing the default rule to allow the ordinance change, as opposed to letting it be more neighborhood oriented, seems to be the wrong use of government. In response to Mr. Gecker's question, Ms. Peterson stated the condition similar to Case 13SN0507 regarding the cleanliness of coops did not make it into the current ordinance due to a matter of enforcement. Ms. Jaeckle stated cleanliness of the coops needs to be incorporated into the ordinance. Mr. Gecker stated he does not agree with the ordinance change; however, he would appreciate the incorporation of language regarding the cleanliness of the coop similar to Condition 5 of Case 13SN0507. Mr. Rob Leinberger, assistant stated the cleanliness of the to management of dogs or of compliant based situation. He allows definition relative to animal. supervisor for Animal Control, pen would be treated similarly her animals in the form of a further stated the state code sanitation and treatment of an On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board adopted the following amendment to the County Code, with the addition of the cleanliness of the pen and the Planning Commission recommendation of up to six chickens: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19-65 AND 19-301 OF THE ZONING ORDINANCE RELATING TO THE KEEPING OF CHICKENS IN RESIDENTIAL ZONING DISTRICTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-65 County of Chesterfield, 1997, enacted, to read as follows: and 19-301 of the Code of the as amended, are amended and re- CHAPTER 19 J J 14-32 01/22/14 ZONING 000 Sec. 19-65. Uses permitted with certain restrictions. The following uses shall be permitted in the R-88 District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: 000 (k) Keeping of chickens provided that: (1) The use is incidental to a dwelling on the premises; (2) A maximum of six (6) chickens are kept; (3) Roosters are not kept; (4) At all times, chickens are kept within a single building having a single attached fenced outside run as follows: a. The building is a minimum of 10 square feet and a maximum of 20 square feet; b. The fenced outside run area is a maximum of 40 square feet and has a minimum area of 5 square feet per chicken; and c. The fenced outside run area is securely enclosed on the top and sides with a wire mesh or similar material; (5) The building and attached outside run area are located in the rear yard and setback a minimum of 25 feet from all property lines; (6) Slaughtering of chickens does not occur; (7) All areas associated with the keeping of chickens shall be cleaned and made free of waste on a regular basis. Waste associated with the use shall be disposed of in an appropriate waste disposal container that is periodically removed from the site; and (8) The property owner shall employ a means of eliminating any odor problems and propagation of insects related to the use. 000 19-301. Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings: 000 Chicken: A domestic egg-laying hen belonging to the subspecies Gallus gallus domesticus and does not refer to any other type of fowl or game bird. 000 14-33 01/22/14 Stock Farm, residential: A parcel of land on which are kept one or more cows, sheep, goats, horses, fowl other than chickens, rabbits or other small domesticated livestock, or other farm animals. 000 (2) That this ordinance shall become effective immediately upon adoption. Ayes: Holland, Elswick and Jaeckle. Nays: Warren and Gecker. In response to Mr. Holland's question, Ms. Peterson stated there is no application fee associated with keeping of chickens. 7.B. 13SN0507 - RYANN BARNUM, MIDLOTHIAN DISTRICT In the Midlothian District, Ryann Barnum requests conditional use approval and amendment of zoning district map to permit a residential stock farm (chickens) in a Residential (R-40) District on 2 acres known as 2221 Swamp Fox Road. Density will be controlled by zoning conditions or ordinance standards. Mr. Ryan Ramsey stated the applicant has withdrawn the request. The Board acknowledged the withdrawal of Case 13SN0507. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board suspended its rules to allow simultaneous nomination /reappointment of members to the Airport Advisory Board. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.A.1. AIRPORT ADVISORY BOARD On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board simultaneously nominated/reappointed Mr. Richard L. Young III, representing the Bermuda District, and Mr. John Thayer, represented the Clover Hill District, to serve on the Airport Advisory Board, whose terms are effective February 15, 2014, and will expire on February 14, 2017. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.B. CONSENT ITEMS 8.B.1. ADOPTION OF RESOLUTIONS 8.B.l.a. ENDORSING THE FORT LEE JOINT LAND USE STUDY FINAL REPORT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board adopted the following resolution: J J J 14-34 01/22/14 WHEREAS, Fort Lee is a vital component of the national defense, serving as a key training installation for active and reserve component forces of the Department of Defense; and WHEREAS, Fort Lee is a key driver of the regional economy with an annual economic impact of $2.4 billion per year, which supports 28,000 direct and indirect jobs throughout the region; and WHEREAS, it is recognized that growth and development in the communities surrounding Fort Lee may affect the sustainment and growth of the military missions of the installation; and WHEREAS, it is recognized that the training conducted at Fort Lee may impact the civilian communities surrounding the installation; and WHEREAS, the communities in the region participated in the Joint Land Use Study to identify strategies by which all parties could work cooperatively to promote .growth and development in the region that is compatible with and sustains the military missions of the installation; and WHEREAS, the JLUS Policy Committee has endorsed the final Fort Lee JLUS report, including the recommended strategies to promote compatible growth in the civilian communities and the sustainment of the military missions at Fort Lee. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County, Virginia hereby endorses the Fort Lee Joint Land Use Study, which promotes compatible growth throughout the region and sustains the military missions at Fort Lee. Ayes: Holland, Elswick; Jaeckle, Warren and Gecker. Nays: None. 8.B.l.b. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 8.B.1.b.1. LIEUTENANT COLONEL JOHN C. AUSTIN, POLICE DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Lieutenant Colonel John C. Austin will retire from the Chesterfield County Police Department on February 1, 2014, after providing 32 years of outstanding quality service to the citizens of Chesterfield County; and WHEREAS, Lieutenant Colonel Austin has faithfully served Chesterfield County in the capacity of Patrol Officer, Investigator, Sergeant, Lieutenant, Captain, Major and Lieutenant Colonel; and WHEREAS, during his tenure, Lieutenant Colonel Austin has served in numerous Operational and Support positions within the Police Department where he has provided the utmost professional leadership, guidance and fostered a positive teamwork environment; and 14-35 01/22/14 WHEREAS, ,Lieutenant Colonel Austin serves as second in command of the Police Department; and WHEREAS, Lieutenant Colonel Austin was instrumental in the completion of the North District Station, which was the first off-site police facility; and WHEREAS, under the leadership of Lieutenant Colonel Austin, the first Community Policing office was established at Chesterfield Towne Center; and WHEREAS, Lieutenant Colonel Austin developed a viable computerized Uniformed Operations scheduling system which allowed for the efficient and effective daily planning of the shift schedule; and WHEREAS, Lieutenant Colonel Austin spearheaded the effort in creating a mass voice mail distribution system for Uniform Operations, which enhanced communications within the bureau; and WHEREAS, the Auxiliary Police Unit flourished under the leadership of Lieutenant Colonel Austin, and under his direction, a successful program was begun to provide Auxiliary Officer weekend drivers for the prisoner transport vehicle; and WHEREAS, Lieutenant Colonel Austin oversaw the implementation of the Zone, a web-based communication system that has greatly enhanced dissemination and receipt of information from all levels of the organization; and WHEREAS, Lieutenant Colonel Austin has faithfully and successfully served the citizens of Chesterfield County for 32 years and has overseen many projects and accomplished goals too numerous to list; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Lieutenant Colonel Austin's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Lieutenant Colonel John C. Austin for his outstanding contributions, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his dedicated service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.B.1.b.2. CORPORAL DAVID E. POLLOCK, JR., POLICE DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Corporal David E. Pollock, Jr. will retire from the Chesterfield County Police Department on February 1, 2014, after having provided more than 27 years of quality service to the citizens of Chesterfield County; and J J 14-36 01/22/14 WHEREAS, Corporal Pollock county in the capacity of Technician, Polygraph Examiner, First Class; and WHEREAS, Corporal Pollock career development levels of S Corporal; and has faithfully served the Police Officer, Evidence Detective, and Detective successfully obtained the enior, Master, Career, and WHEREAS, Corporal Pollock is a member of the Virginia Polygraph Association, and has participated in the Metro Richmond Identity Theft Task Force, Metro Fraud Association and the Greater Richmond Retail Merchants Association; and WHEREAS, Corporal Pollock is the most senior member of the Economic Crime Section and on many occasions has mentored new members of the unit and has served as interim supervisor for new polygraph examiners; and WHEREAS, Corporal Pollock and his fellow Economic Crime Section members were recognized with a Unit Citation Award for their tireless efforts in investigating and prosecuting a variety of crimes of a financial nature, and the unit made arrests in cases involving more than $850,000 in losses; and WHEREAS, Corporal Pollock is recognized for his communication and human relations skills, his professionalism and his teamwork, all of which he has utilized within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Corporal Pollock has received numerous letters of thanks and appreciation from the citizens of Chesterfield County for service rendered; and WHEREAS, Corporal Pollock has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Corporal Pollock's diligent service. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Corporal David E. Pollock, Jr. for his dedicated service, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.B.1.B.3. CORPORAL JACQUELINE L. CONNER, POLICE DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Corporal Jacqueline L. Conner will retire from the Chesterfield County Police Department on February 1, 2014, after providing 24 years of quality service to the citizens of Chesterfield County; and 14-37 01/22/14 WHEREAS, Corporal Conner has faithfully served the county in the capacity of Patrol Officer, D.A.R.E. Officer, School Resource Officer, Crime Solvers Detective and Economic Crime Detective; and WHEREAS, Corporal Conner successfully obtained the career development levels of Senior, Master, Career, and Corporal; and WHEREAS, Corporal Conner was the first female in the Police Department to be awarded the Fitness Award during academy training; and WHEREAS, while serving as a School Resource Officer, Corporal Conner was an award recipient from the Scholastic Crime Solvers Program; and WHEREAS, Corporal Conner was recognized for her dedication and support of crime prevention by the Virginia Crime Prevention Association; and WHEREAS, Corporal Conner and her fellow Crime Solvers Unit members were the recipient of a Unit Citation award for their dedication and determination in implementing the Crime Solvers Scholastic Program in our middle and high schools, and the web-based tip program made the Chesterfield County Police Department one of two agencies in Virginia and a handful in the United States to acquire, and have in operation, a crime-tip text-messaging and web-based tip system; and WHEREAS, Corporal Conner is recognized for her communication and human relations skills, her professionalism and her teamwork, all of which she has utilized within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Corporal Conner has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Corporal Conner has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Corporal Conner's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal Jacqueline L. Conner for her dedicated service, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for her service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.B.1.b.4. CAPTAIN STEVEN E. HALL, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Captain Steven E. Hall retired from tY Chesterfield Fire and Emergency Medical Services Department Chesterfield County, on December 1, 2013; and J J 14-38 01/22/14 WHEREAS, Captain Hall attended Recruit School #15 in 1984, and has faithfully served the county and its citizens for 33 years in various assignments, from firefighter to captain; and WHEREAS, Captain Hall served as a Firefighter at the Bensley, Dale, Manchester and Buford Fire and EMS Stations; and WHEREAS, Captain Hall was promoted to Lieutenant in August 2002, and served in the Fire and Life Safety Division; and WHEREAS, Captain Hall was promoted to Captain in March 2006, and served at the Matoaca and Chester Fire and EMS Stations, and as the Chief of Administrative Services/Human Resources in Fire Administration; and WHEREAS, Captain Hall was appointed to Acting Battalion Chief and served in the Emergency Operations Division on "C" Shift in both the Southern and Western Battalions; and WHEREAS, Captain Hall received the 2001 Chief's Award for Excellence in Customer Service; and WHEREAS, Captain Hall has been a lifelong learner throughout his career, obtaining an Associate's Degree in Fire Science, and a Bachelor's Degree in Human Resources; and WHEREAS, Captain Hall served on the Fire Department Strategic Planning Steering Committee, Compensation Workgroup, County Site Plan Team, and the County Subdivision Team; and WHEREAS, Captain Hall represented the fire department and the Virginia Fire Prevention Association in developing changes to the Statewide Fire Prevention and Building Code and the International Codes; and WHEREAS, Captain Hall served as chairman of the Fire Code Change Committee of the Virginia Fire Services Board. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Captain Steven E. Hall, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.B.2. APPROVAL OF TELECO1rIl~IUNICATIONS TOWER SITING POLICY nMT.'.1dT1MF!NT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board adopted the following amended Telecommunications Tower Siting Policy: Telecommunications Tower Siting Polic (NOTE: In general, the following are the guidelines which will be used to deliberate a proposed tower location relative to Substantial Accord and/or Zoning approval. Meeting these guidelines will not automatically address site specific concerns. Additional conditions may be imposed and/or recommended to address such concerns to further insure 14-39 01/22/14 compliance with the Comprehensive Plan or the purposes of the Zoning Ordinance in the instance of a zoning action.) Definitions For purposes of this Policy and the Comprehensive Plan, the term "flush mount" shall be defined as follows: Antenna, Flush Mount - 1. Communication Towers. Communication tower antenna(s) that protrude from the face of the communication tower structure no more than two feet. 2. Electric Transmission Structures. a. Communication antenna(s) co-located on electric transmission structures incorporating a safety platform that protrude from the face of the electric transmission structures no more than seven feet measured to the point of the triangle formed by the antenna array. b. Communication antennas collocated on electric transmission structures without a safety platform that protrude from the face of the electric transmission structures no more than two feet. Design • In addition to design features identified in the Comprehensive Plan and the Zoning Ordinance, use of sectored arrays in areas developed for residential uses shall be discouraged. • Satellite dish and microwave dish antennas attached to telecommunications towers shall not exceed six (6) feet in diameter and shall be of a neutral color with no logos. Structure Prior to use of a freestanding telecommunications tower, the owner of the tower shall have obtained approval of the structural integrity by a registered professional engineer licensed in Virginia and a copy of the report filed with the Planning Department. Setbacks • From property line - The minimum setback from the boundary of the property on which the telecommunications tower is located shall be the principal building setback for the zoning district or the "fall zone" as certified by a registered professional engineer licensed in Virginia, whichever is greater. If the "fall zone" establishes the setback, then the required certification shall be filed with the Planning Department at time of site plan review. No habitable structures or places where people gather shall be located within any "fall zone." J J J 14-40 01/22/14 • From existing off-site dwellings - The minimum setback from existing off-site dwellings shall be as follows: 1. For towers one hundred (100) feet or less in height, the minimum setback shall be 200 feet; 2. For towers greater than 100 feet in height, the minimum setback shall be 300 feet. • From public rights-of-way - The minimum setback from public rights-of-way shall be as follows: 1. For height, 2. For minimum towers one hundred (100) feet or less in the minimum setback shall be 50 feet; towers greater than 100 feet in height, the setback shall be 75 feet. Exceptions - The minimum setback requirements from off- site dwellings and from public rights-of-way, as noted above, may be decreased or waived, at the determination of the Planning Commission, if a substantial stand of vegetation is preserved within the setback from the property line/fall zone. This preservation would not prohibit the removal of vegetation to accommodate access or the placement of ground-mounted equipment. Signs No advertising sign of any type, except signs which may be required by state or federal guidelines, shall be placed on a telecommunications tower or related facility. Security The base of the telecommunications tower and related facilities shall be enclosed by a minimum six (6) foot high fence designed to preclude trespassing. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with site plan review. If the telecommunications tower site is located within a fenced area, or otherwise secured area where access is controlled solely by the service provider/operator, as determined by the Planning Department, then no other fence shall be required. Screening The base of the telecommunications tower and accessory ground mounted equipment or structures shall be screened from adjacent properties by evergreen plantings. If security fencing is required, then the evergreen plantings shall be located between the security fence and the property line. If security fencing is not required, the evergreen plantings shall be located within the lease area and no more than twenty (20) feet from the items to be screened. The evergreens shall have an initial height and spacing sufficient to provide immediate screening. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. Removal At such time that the telecommunications tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the property owner(s) and/or cell tower owner(s) and/or lessee(s) 14-41 01/22/14 shall dismantle and remove the tower and all associated equipment from the property. FCC "Shot Clock" Every effort will be made to act on a tower site application within a reasonable period of time. Under state law, the Planning Commission should make a decision on a tower site application within 90 days, excluding time extensions to which the applicant consents, or else the application could be deemed approved. The applicant's consent will be sought and documented for delays or deferrals, where appropriate. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.B.4. REQUESTS FOR PERMISSION 8.B.4.a. FROM COLONY VILLAGE LLC FOR AN EXISTING MONUMENT SIGN, FENCE AND COLUMNS TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS PROPERTY ON COLONY VILLAGE WAY On motion of Ms. Jaeckle, granted Colony village monument sign, fence and drainage easement across Way, subject to the execui noted a copy of the plat Board . ) seconded by Mr. Gecker, the Board LLC permission for an existing columns to encroach within a 16' property at 10250 Colony Village :ion of a license agreement. (It is is filed with the papers of this Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.B.4.b. FROM MARL D. PRICE AND LINDSEY M. PRICE FOR AN EXISTING FENCE TO ENCROACH WITHIN A TWENTY-FOOT DRAINAGE EASEMENT AND AN EIGHT-FOOT EASEMENT ACROSS LOT 1, SOUTHAM, SECTION F On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board granted Marc D. Price and Lindsey M. Price permission for an existing fence to encroach within a 20' drainage easement and an 8' easement across Lot 1, Southam, Section F, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.B.4.c. FROM BARNEY MCLAUGHLIN AND MARTHA MCLAUGHLIN TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON DELAVIAL STREET On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board granted Barney McLaughlin and Martha McLaughlin permission to install a private sewer service within a private easement to serve property at 12015 DeLavial Street, and authorized the County Administrator to execute the sewer connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-42 J J 01/22/14 8.B.5. APPROVAL OF REVISED WATER CONTRACT FOR MACLACHLAN AT THE HIGHLANDS SECTION ONE On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved the revised water contract for MacLachlan at the Highlands Section One, with Touchstone II, LLC, and authorized the County Administrator to execute any necessary documents. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.B.6. AWARD OF CONSTRUCTION CONTRACT FOR THE HOPKINS ROAD WATERLINE PROJECT, LAKE HILLS ROAD TO HOLLYWOOD ROAD On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board awarded a construction contract to Perkinson Construction, LLC, in the amount of $539,199.85, authorized a transfer of $600,000 from the rate stabilization reserve project fund to the Hopkins Road Waterline Project, and authorized the County Administrator to execute the necessary documents. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.B.7. REQUEST TO QUITCLAIM DRAINAGE EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS ACROSS THE PROPERTIES OF THE VISITORS OF VIRGINIA STATE UNIVERSITY On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate drainage easements and temporary construction easements across the properties of The Visitors of Virginia State University. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.B.8. AWARD OF ANNUAL ENGINEERING CONTRACTS FOR PROFESSIONAL ENGINEERING SERVICES FOR WATER AND WASTEWATER PROJECTS On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board authorized the County Administrator to execute annual contracts for professional engineering services for water and wastewater projects with Arcadis U.S., Inc.; Austin Brockenbrough & Associates, LLP; Black & Veatch Corp.; Hazen and Sawyer, P.C.; and Whitman, Requardt & Associates, LLP. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-43 01/22/14 8.B.9. STATE ROADS ACCEPTANCE On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Second Branch Section 5 Type Change to the Secondary System miles of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: X33.1-229 Street Name and/or Route Number • Janeka Drive, State Route Number 5817 From: 0.10 miles northwest of Balta Road, (Route 4609) To: Janeka Court, (Route 7738), a distance of: 0.03 miles. Recordation Reference: Plat Book 124, Page 18 Right of Way width (feet) 50 • Janeka Drive, State Route Number 5817 From: Janeka Court, (Route 7738) To: Cul-de-Sac, a distance of: 0.11 miles. Recordation Reference: Plat Book 124, Page 18 Right of Way width (feet) = 50 • Janeka Court, State Route Number 7738 From: Janeka Drive, (Route 5817) To: Cul-de-Sac, a distance of: 0.11 miles. Recordation Reference: Plat Book 124, Page 18 Right of Way width (feet) = 50 Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. J J 14-44 01/22/14 8.B.10. ACCEPTANCE OF A GRANT AND APPROPRIATION OF FUNDS FROM THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board accepted a grant and appropriate funds in the amount of $64,825 from the Virginia Department of Environmental Quality and authorized the County Administrator to execute any necessary documents. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.8.11. APPROVAL OF MEMORANDUM OF AGREEMENT WITH THE VIRGINIA DEPARTMENT OF JWENILE JUSTICE TO PARTICIPATE IN THE DETENTION RE-ENTRY PROGRAM On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board authorized the County Administrator to execute a Memorandum of Agreement with the Virginia Department of Juvenile Justice to participate in the Detention Re-Entry Program. (A copy of the MOA is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. The following item was removed from the Consent Agenda for Board discussion: 8.B.l.c. SUPPORTING THE ETTRICK MULTIMODAL STATION IMPROVEMENT PROJECT AND RAIL ENHANCEMENT FUND GRANT REQUEST In response to Ms. Jaeckle's question, Ms. Smith stated the $1.8 million county match could be provided from a combination of sources such as value of station property, if donated to the county by CSX, Community Development Block Grant funds, in-kind match, industrial access account funds and reserve for future capital projects. On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board approved, upon notification of grant award by the Virginia Department of Rail and Public Transportation, appropriation/transfer of the required match and appropriation of the VDRPT reimbursement; and upon approval notification from VDRPT, authorized the County Administrator to enter into the necessary county/state agreements/contracts, permits/mitigation agreements, and surety agreements, acceptable to the County Attorney, for the project; authorized the County Administrator to proceed with the design and right-of-way acquisition, including advertisement of an eminent domain public hearing, if necessary; 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 project. And, further, the Board adopted the following resolution: WHEREAS, the Ettrick Train Station provides daily Amtrak service between major cities along the east coast including Boston, New York, Washington D.C., Charlotte, Orlando and Miami; and 14-45 01/22/14 WHEREAS, 22,000 riders use the Ettrick station annually for their travel; and WHEREAS, Amtrak's new Northeast Regional service began in December of 2012, resulting in increased ridership using the Ettrick Train Station; and WHEREAS, the Ettrick Train Station is centrally located to the Tri-Cities region which includes southern and eastern Chesterfield County, Hopewell, Colonial Heights, Petersburg, Prince George and Dinwiddie; and WHEREAS, over 100,000 residents of the Tri-Cities region are within a six-mile radius of the Ettrick Train Station; and WHEREAS, the Ettrick Train Station is located less than one mile from Virginia State University which currently has over 6,000 students enrolled, and is expected to have over 10,000 students enrolled by 2020; and WHEREAS, the Ettrick Train Station is located less than eight miles from Fort Lee where 75,000 soldiers train annually; and WHEREAS, the Ettrick Train Station is located on o ne of five original national high-speed rail corridors: the Southeast High Speed Rail (SEHSR) corridor, which runs from Washington D. C. to Raleig h, North Carolina; and WHEREAS, ridership is expected to increase to 98,000 annually by 2025 with the implementation of the SEHSR service; and WHEREAS, the Ettrick Train Station has been determined to be adequate to meet near-term increases in ridership per Virginia Department of Rail and Public Transportation's Pre- NEPA Evaluation, Tri-Cities Area Multimodal Station Study, dated August 22, 2012; and WHEREAS, Chesterfield County has committed to widening East River Road to improve access to the Ettrick Train Station as noted in the Southeast High Speed Rail Tier II Draft Environmental Impact Study, and the road improvements are expected to be in place by 2015; and WHEREAS, implementation of the SEHSR will require track expansions resulting in the need to shift the station away from the new track; and WHEREAS, improvements to the Ettrick Train Station can be phased to benefit the growth in ridership and potential for high-speed rail service. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the Virginia Department of Rail and Public Transportation provide funding for the Ettrick Train Station Improvement Project. AND, BE IT FURTHER RESOLVED that the Board hereby agrees to pay 30 percent of the total estimated grant request of $6,000,000 for the Ettrick Train Station Improvement Project. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. J J J 14-46 01/22/14 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Mr. Gecker, seconded by Mr. Elswick, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; and a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Mr. Holland stressed the importance of documenting citizen comments in order to work towards solutions, as needed. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Patricia Headley, Chesterfield County Public Schools teacher, urged the Board to support advertising the real estate tax rate at 98 cents. Ms. Susan Worsham, Chesterfield County Public Schools teacher, encouraged the Board to support public education and advertise the real estate tax rate at 98 cents. Mr. James Wilson, Chesterfield County Public Schools teacher, urged the Board to increase the real estate tax rate to provide funding for teacher compensation and reduced class sizes. Mr. Ryan Abbott, Chesterfield County Public Schools teacher, urged the Board to increase the real estate tax rate to provide funding for teacher compensation and reduced class sizes. Ms. Virginia Summers expressed concerns relative to raising the real estate tax rate. 11. DINNER On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board recessed for dinner in Room 502. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Reconvening: 12. INVOCATION Mr. William D. Dupler, Deputy County Administrator, gave the invocation. ' 14-47 01/22/14 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Aaron Tyler Lafoon led the Pledge of Allegiance. 14. RESOLUTIONS 14.A. RECOGNIZING MR. AARON TYLER LAFOON UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Kappel recognized Mr. Aaron Tyler Lafoon, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on- February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Aaron Tyler Lafoon, Troop 2842, sponsored by Swift Creek Baptist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Aaron has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 22nd day of January 2014, publicly recognizes Mr. Aaron Tyler Lafoon, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the county to have such an outstanding young man as its citizen. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Mr. Elswick presented the executed resolution and patch to Mr. Lafoon, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in future endeavors. Mr. Lafoon provided details of his Eagle Scout project and expressed appreciation to his parents and others for their support. J J 14-48 01/22/14 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Nicole Winter, Chesterfield County Public Schools teacher, urged the Board to increase the real estate tax rate to provide funding for teacher compensation and reduced class sizes. Mr. Malcolm Stewart, student at Midlothian High School, urged the Board to increase the real estate tax rate to provide funding for teacher compensation and reduced class sizes. Ms. Amy Peterson, Chesterfield County Public Schools teacher, encouraged the Board to raise the real estate tax rate for the sake of public education. Ms. Melodie Henderson, Chesterfield County Public Schools teacher, encouraged the Board to increase the real estate tax rate. Mr. Donald Wilms, President of the Chesterfield Education Association, urged the Board to increase the real estate tax rate to provide funding for teacher compensation and reduced class sizes. 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 14SN0508 (AMENDED) In Bermuda Magisterial District, Centralia Station LLC requests amendment of zoning (Case 93SN0147) relative to density and access and amendment of zoning district map in Agricultural (A) and Residential (R-7, R-9 and R-12) Districts on 73.3 acres fronting 20 feet on the south line of Centralia Road, 510 feet on the east line of Centralia Station, 600 feet west of Chester Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential use (1 and 1.5 dwelling per acre or less). Tax ID 786-660-5178. Mr. Turner stated staff is requesting a 90-day deferral to the April 23, 2014 meeting, due to the delay of the Planning Commission's public hearing. The applicant was not present. Mr. Holland called for public comment. No one came forward to speak to the deferral. Ms. Jaeckle made a motion, seconded by Mr. Warren, for the Board to defer Case 14SN0508 until April 23, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-49 01/22/14 14SN0546 In Clover Hill Magisterial District, Harish Shrimanker requests conditional use to permit motor vehicle repair plus conditional use planned development to permit travel agency use and amendment of zoning district map in a Community Business (C-3) District on 1.1 acres known as 13732 Hull Street Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Business use. Tax ID 728-673-2455. Mr. Turner stated staff is requesting a 30-day deferral to the February 12, 2014 meeting, due to the delay of the Planning Commission's public hearing. The applicant was not present. Mr. Holland called for public comment. No one came forward to speak to the deferral. Mr. Warren made a motion, seconded by Mr. Gecker, for the Board to defer Case 14SN0546 until February 12, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14SN0552 In Clover Hill Magisterial District, 360 Toyota LLC and Haley Auto Group request amendment of conditional use planned development (Case 98SN0176) to permit motor vehicle sales and amendment of zoning district map in a Light Industrial (I-1) District on 14.4 acres fronting 875 feet on the northwest line of Hull Street Road, 700 feet southwest of Memphis Boulevard, also fronting 290 feet on the south line of Memphis Boulevard, 300 feet northwest of Hull Street Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Business use. Tax ID 736-680-4762. Mr. Turner stated staff is requesting a 30-day deferral to the February 12, 2014 meeting, due to the delay of the Planning Commission's public hearing. Mr. Andy Scherzer, representing the applicant, accepted the deferral. Mr. Holland called for public comment. No one came forward to speak to the deferral. Mr. Warren made a motion, seconded by Mr. Gecker, for the Board to defer Case 14SN0552 until February 12, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. J J J 14-50 01/22/14 ~ Ze*Tn~az In Midlothian Magisterial District, Racetrack Petroleum, Inc. requests rezoning from Agricultural (A) to Community Business (C-3) and amendment of zoning district map on 11 acres located in the southeast corner of Midlothian Turnpike and Otterdale Woods Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Commercial District use. Tax ID 721-709- 7721 and 722-709-0435. Mr. Turner stated the Mr. Gecker is requesting a 30-day deferral to the February 26, 2014 meeting. Mr. Jack Wilson, representing the applicant, accepted the deferral. Mr. Holland called for public comment. Mr. Peppy Jones stated his support of the deferral request. Mr. Scott Lasswitz stated his support of the deferral request. No one else came forward to speak to the deferral. Mr. Gecker made a motion, seconded by Mr. Elswick, for the Board to defer Case 13SN0543 until February 26, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. ode*Tn~~~ In Bermuda Magisterial District, Chesterfield County Board of Supervisors requests renewal of manufactured home permit (Case 11SN0238) to permit a manufactured home and amendment of zoning district map in a Residential (R-7) District on .9 acre known as 2651 Velda Road. Density is approximately 1.1 units per acre. The Comprehensive Plan suggests the property is appropriate for Community Commercial use. Tax ID 794-666- 2833. Mr. Turner stated Ms. Jaeckle is requesting a 120-day deferral to the May 28, 2014 meeting. Mr. Holland called for public comment. No one came forward to speak to the deferral. On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board deferred Case 14SN0135 until May 28, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-51 01/22/14 06SN0220 (AMENDED) In Dale Magisterial District, Brookstone Builders requests rezoning from Agricultural (A) and Residential (R- 12) to Residential (R-15) and amendment of zoning district map of 75.7 acres fronting 470 feet on the north line of Jacobs Road, west of Fordham Road, also fronting 1,300 feet on the south and west lines of Fordham Road. Residential use of up to 2.9 units per acre is permitted in a Residential (R- 15) District. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax IDs 753-684-Part of 4148; 755-683- 7406; 756-683-5406; 757-682-0789 and 3089; and 757-683-1431 and 1912. Mr. Turner presented a summary of Case 06SN0220 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. Holland 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. Warren, the Board approved Case 06SN0220 and accepted the following proffered conditions: 1. Utilities. Public water and wastewater systems shall be used. (U) 2. Impacts on Capital Facilities. A. For each dwelling unit, the applicant, sub- divider, or assignee(s) shall pay the following to the County of Chesterfield, prior the issuance of a building permit for infrastructure improvements within the service district for the property; provided, however, that the period through 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: i. $18,966.00 per dwelling unit, if paid prior to July 1, 2017; or ii. If paid after June 30, 2017, and before July 1, 2018, $18,966.00 per dwelling unit, adjusted for the four year cumulative change in the Marshall and Swift Building Cost Index between July 1 of the fiscal year in which the case was approved and July 1 four years later. Thereafter, the per dwelling unit cash proffer amount shall be automatically adjusted, annually, by the annual change in the Marshall and Swift Building Cost Index on July 1 of each year. 14-52 J J 01/22/14 iii. 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. iv. 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 to be in addition to any impact fees in a manner determined by the County. B. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. (B&M) 3. Density. A maximum of sixty seven (67) residential lots shall be permitted. (P) 4. Timber Management, for the purpose of enhancing the health and viability of the forest, under the supervision of a qualified forester, will only be allowed upon the submission and approval of the appropriate forest management plan to include, but not limited to, erosion control, Chesapeake Bay Act/Wetland Restrictions and the issuance of a land disturbance permit by the Environmental Engineering Department. Any other timbering shall be incorporated into the site development erosion and sediment control plan/narrative as the initial phase of infrastructure construction and will not commence until the issuance of the actual site development land disturbance permit. (EE) 5. Construction Traffic. Construction traffic for the initial development shall be limited to Existing Jacobs Road and Jacobs Road Extended and shall be further limited on Existing Jacobs Road from entering and exiting the site between the hours of 7:45 a.m. and 8:45 a.m. and 2:15 p.m. and 3:15 p.m. on days of the regular school year. Note: This prohibits the use of any subdivision street, including Fordham Road, for the initial construction access. (P) 6. Access. A. No lots shall have sole access to Double Tree Lane. B. In conjunction with preliminary plan submittal, an access plan for Jacobs Road Extended shall be submitted to and approved by the Chesterfield County Transportation Department. Access from the property to Jacobs Road Extended shall be as per the approved plan. C. There shall be no connection to Land Grant Drive. (T) 14-53 01/22/14 7. Dedication. In conjunction with recordation of the initial subdivision plat or within ninety (90) days of a request by the Transportation Department, whichever occurs first, a seventy (70) foot wide right-of-way for an east/west collector ("Jacobs Road Extended") from the eastern property line to the western property line shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The exact location of this right-of-way shall be approved by the Transportation Department. (T) 8. On-Site Road Improvements. To provide an adequate roadway system, the developer shall provide the following road improvements with the development of the property: A. Construction of a traffic island/circle or other alternative traffic calming device in Jacobs Road Extended if approved by the Transportation Department and VDOT. The location and design shall be determined at time of tentative subdivision review; B. Construction of two (2) lanes of Jacobs Road Extended, to VDOT Urban Collector Standards (40 mph) with modifications approved by the Transportation Department, from the intersection of Jacobs Road and existing Fordham Road through the property to the western property line. The portion of Jacobs Road Extended immediately adjacent to Tax ID 755-682-5559 shall be located as far north as practical. The exact length and location of this improvement shall be approved by the Transportation Department; C. Construction of right and left turn lanes along Jacobs Road Extended at each public road intersection, as determined by the Transportation Department D. Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the improvements identified above. (T) 9. Phasing Plan. Prior to any construction plan approval, a phasing plan for the required road improvements as identified in Proffered Condition 8, shall be submitted to and approved by the Transportation Department. (T) 10. Minimum Dwelling Size. The minimum gross floor area for one story dwelling units shall be 1800 square feet and dwelling units with more than one story shall have a minimum gross floor area of 2200 square feet . (BI & P) 11. Foundations. All exposed portions of the foundation of each new dwelling unit shall be faced with brick, stone veneer, or decorative concrete. Exposed piers supporting front porches shall be faced with brick or stone veneer. (BI & P) 12. Tree Preservation. A twenty (20) foot tree preservation strip, exclusive of required yards, shall be maintained along the boundary of the development adjacent to Newbys Wood and Fernbrook Subdivisions. Utility easements shall be permitted J J J 14-54 01/22/14 to cross this strip in a perpendicular fashion. Any healthy trees that are eight (8) inches in caliper or greater shall be retained within this tree preservation strip except where removal is necessary to accommodate the improvements permitted by the preceding sentence. (P) 13. Culverts. If any road is an only means of access, the culvert capacity during the 100-year storm will be designed to limit the head water elevation to the edge of the pavement at the road sag. (EE) 14. A gated emergency access, approved by the Fire Department, shall be provided from Jacobs Road to Newbys Wood Trail. (FD) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. On motion of Mr. Holland, seconded by Mr. Warren, the Board approved a waiver to the street connectivity requirements for Land Grant Drive and Newbys Wood Trail. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14SN0116 In Dale Magisterial District, Bonnie Nuckoles requests renewal of manufactured home permit (Case 96SR0137) to permit a manufactured home and amendment of zoning district map in a Residential (R-7) District on .8 acre known as 6716 Hill Road. Density is approximately 1.2 units per acre. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax ID 772-679-0706. Mr. Turner presented a summary of Case 14SN0116 and stated both the Planning Commission and staff recommended approval subject to the conditions. Ms. Bonnie Nuckoles accepted the conditions. Mr. Holland 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. Warren, the Board approved Case 14SN0116, subject to the following conditions: 1. The property owners, Bonnie Nuckoles, Jimmie E. Nuckoles and Kenneth W. Overacre, shall be the owners of the manufactured home. Occupancy of the manufactured home shall be limited to Jimmie E. Nuckoles. (P) 2. No permanent-type living space may be added to the manufactured home. The manufactured home shall be skirted but shall not be placed on a permanent foundation. (P) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-55 01/22/14 14RW0143 In Matoaca Magisterial District, 6801 Woolridge Road - Moseley LP requests an exception to Section 19-232 of the Chesapeake Bay Preservation Act requirements of the Zoning Ordinance to permit encroachment into the Resource Protection Area (RPA) buffer along Blackman Creek and its tributaries as a result of grading for construction related to residential lots, structures, stormwater management facilities, activity center and associated appurtenances. The properties are located at 17308 Hull Street Road and 6318 Otterdale Road which are within the Swift Creek drainage basin. Tax IDs 701- 673-9692 & 702-672-5351. Mr. Turner presented a summary of Case 14RW0143 and stated staff recommended approval subject to the conditions. Mr. Shawn Smith, representing the applicant, accepted the conditions. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Elswick, seconded by Ms. Jaeckle, the Board approved Case 14RW0143, subject to the following conditions: 1. The mitigation measures outlined in the document titled Magnolia Green, Phase 2 - Water Quality Impact Assessment - 6801 Woolridge Road - Moseley LP, prepared by Timmons Group; dated November 15, 2013 and revised January 8, 2014 shall be incorporated and implemented during the plan review process. (EE) 2. The Department of Environmental Engineering may approve alternative mitigation measures if it is determined that such alternatives will not increase impacts to the Resource Protection Area (RPA) or downstream water bodies. (EE) 3. In conjunction with the submittal of construction plans, for Pine Valley and those portions of Magnolia Green Phase 2 as shown on RPA Buffer Exhibit A in this report, an additional 8.82 acres of Riparian Preservation Area shall be maintained in those areas identified within the subject property. The amended plat shall depict the addition of the riparian buffer as noted in the approved WQIA. The record plat shall bear a note: "No timbering shall be allowed in the Riparian Preservation Area except as approved by Chesterfield County for the removal of dead or diseased trees. Destruction or alteration of the Riparian Preservation Area, other than those authorized by Chesterfield County, shall be prohibited. No storage of materials, grading or construction for any structures or other improvements shall be allowed within the Riparian Preservation Area. However, boardwalks, wildlife management structures, observation decks and one (1) informative sign may be placed within the Riparian Preservation Area provided any such J J J 14-56 01/22/14 structure does not impede the natural movement of water and preserves the natural contour of the ground, and is subject to prior written approval by Chesterfield County" . (EE) (P) 4. The Environmental Engineering Department may impose a more rigorous erosion and sediment control program than which is provided by minimum standards found in the Virginia Erosion and Sediment Control Handbook. (EE) 5. Approval of this exception is for encroachment into the RPA buffer only and does not guarantee development of the site as explicitly proposed in the WQIA referenced in Condition 1 above. Development of the site is subject to all ordinance requirements, review processes, and/or other requirements currently adopted at the time of plans review. (EE) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. iacNn~~~ In Matoaca Magisterial District, VSU Trojan Development LLC requests rezoning from Residential (R-12), Neighborhood Business (C-2) and Community Business (C-3) to Community Business (C-3) with conditional use to permit multifamily residential use plus conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map on 3.2 acres fronting 640 feet on the east line of Chesterfield Avenue, 215 feet north of Randolph Street. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Mixed use. Tax IDs 795-611-7196, 7592, 7987, 8283, 8679, 9075, 9270, and 9466; and 796-611-0464, 0858 and 1053. Mr. Turner presented a summary of Case 14SN0516 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Dr. Robert Turner, Jr., Executive Director of VSU Foundation, accepted the recommendation. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. In response to Ms. Jaeckle's question, Mr. Turner stated the distance of the future development is about a half mile from the Ettrick Train Station. On motion of Mr. Elswick, seconded by Mr. Holland, the Board approved Case 14SN0516 and accepted the following proffered conditions: 1. Uses. Uses shall be limited as follows: 14-57 01/22/14 a. Uses permitted by right or with restrictions in the Neighborhood Business (C-2) District except as follows: i. Gasoline sales ii. Automobile self service station iii. Funeral home or mortuary iv. Rest, convalescent or nursing home v. Greenhouse or nursery vi. Motor vehicle rental vii. Motor vehicle accessory store viii. Hospital ix. Single-family dwellings b. Fast food restaurant, without a drive in window c. Multifamily dwelling units, subject to the following provisions: i. Maximum of sixty-two (62) units ii. Units shall have no more than 2 bedrooms each iii. Units are located within building accommodating a vertical mix of residential and nonresidential uses (Mixed use building) iv. No residential use shall be located on the first floor v. A minimum of 2,800 square feet of indoor activity area, open and easily accessible to building residents. Such area shall include, at a minimum, an exercise room and multipurpose area for gatherings, and shall not be located on the first floor. This condition shall not preclude the ability to have a maximum of 1,500 square feet of additional multipurpose area on the first floor. (P) 2. Phasing. The first building constructed on the property shall be a mixed use building which incorporates a minimum of thirty-one (31) multifamily dwelling units. (P) 3. Architectural Standards. a. Building(s) shall be consistent to that depicted in the elevation and rendering prepared by Livas Group Architects, P.C., dated June 2013, entitled Virginia State University Chesterfield Avenue - Mixed Use Project as determined by the Planning Department. 14-58 J J J 01/22/14 b. A minimum of seventy-five (75) percent of the Chesterfield Avenue building facade and a minimum of sixty (60) percent of the remaining building facades, excluding windows and doors, shall be red or earth tone brick. c. Building mass shall be broken through the incorporation of design features to include, but not necessarily limited to: i. masonry ornamentation ii. towers up to four (4) stories in height with a focal center tower iii. a second floor plaza facing Chesterfield Avenue iv. varied rooflines that emphasize the distinction between each building section d. Building(s) shall be a minimum of two stories and a maximum of 4 stories. e. Adjacent to Chesterfield Avenue, the first floor shall incorporate features that create a pedestrian scale streetscape to include but not necessarily limited to: i. arcades created through the use of awnings and canopies, ii. recessed entries, iii. storefront windows no closer than eighteen (18) to thirty-six (36) inches to the finished grade, iv. exterior wall space shall not exceed ten (10) lineal feet along the front facade without windows or entrances (P) 4. Building Orientation and Access. Buildings shall front, and be adjacent to, sidewalks along Chesterfield Avenue, except as to accommodate foundation plantings. First floor business tenant spaces shall have individual entrances directly to the sidewalk area. (P) 5. Off Street Parking. a. Where buildings are constructed, parking shall be located to the rear of buildings. b. Where parking is provided in locations in which there is no building between the parking and Chesterfield Avenue, parking shall be set back to a depth equal to or greater than one-half the depth of the parcel, but in no case closer than the rear facade of the nearest building. Views of parking areas from Chesterfield Avenue shall be minimized by low decorative walls, fencing, evergreen hedges or a combination thereof. Walls and fences shall be installed, and hedges planted and maintained, at a 14-59 01/22/14 height of between three (3) and four (4) feet. Unless the area between the parking and Chesterfield Avenue is hardscaped as a pedestrian amenity, as determined by Planning Department, such walls, fencing or hedges shall be located at the minimum building setback line from Chesterfield Avenue. Where the hardscaped pedestrian amenity is provided, the walls, fencing or hedges shall be located contiguous to the parking area. (P) 6. Setbacks. a. There shall be no rear yard setback requirement for parking b. The maximum separation between buildings shall be ten (10) feet c. Canopies and awnings that create pedestrian arcades shall be permitted to encroach into the required front yard setback a maximum of six (6) feet. (P) 7. Sidewalks and Pedestrian Amenities. The required building setback along Chesterfield Avenue shall accommodate a sidewalk and pedestrian amenities. These improvements shall be subject to review and approval by the Planning Department prior to site plan approval. Prior to any site plan approval, a public easement, acceptable to the Planning Department, shall be recorded across the property to allow public use of the proposed private sidewalk, located generally parallel to Chesterfield Avenue. a. Sidewalks shall be a minimum of twelve (12) feet in width. Four (4) feet of the sidewalk contiguous to the building (s) shall accommodate amenities, to include but not be limited, foundation plantings, street furnishings (benches, bike racks, trash receptacles), space for outdoor sales and dining areas, as required by the Planning Department. b. Sidewalks shall incorporate design features such as brick walls, pavers, landscaping, decorative concrete, curves in concrete and other elements to enhance visual interest. (P) 8. Street Trees. Deciduous street trees shall be planted along Chesterfield Avenue. Each tree shall be planted within a grated tree well. The location, spacing and species of trees and tree well design shall be reviewed and approved by the Planning Department prior to site plan approval. (P) 9. Pedestrian-Scale Lighting. Decorative pedestrian-scale street lighting shall be installed along Chesterfield Avenue. The location, spacing and design of street lighting shall be subject to review and approval by the Planning Department prior to site plan approval. (P) 10. Maintenance. those located in the right-of-way, lighting, sidewalks and pedestrian amenities shall be the responsibility of the property owner through an agreement. (P) Maintenance of street trees, including 14-60 J J J 01/22/14 11. Right-of-way Dedication. Prior to any site plan approval or within sixty (60) days of a written request by the Transportation Department, whichever occurs first, thirty-five (35) feet of right-of-way on the east side of Chesterfield Avenue, measured from the centerline of that part of Chesterfield Avenue immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 12. Vehicular Access. The Transportation Department may allow one (1) direct vehicular access to Chesterfield Avenue, if access to Chesterfield Avenue cannot be obtained through adjacent properties. The exact location of this access shall be approved by the Transportation Department. (T) 13. Bicycle Lanes. In conjunction with initial development of the property, a two-way bicycle facility shall be constructed along Chesterfield Avenue for the entire property frontage. The exact length and design of this improvement shall be approved by the Transportation Department. The developer shall dedicate to Chesterfield County, free and unrestricted, any additional right-of- way (or easements) required for this improvement. (T) 14. Utilities. Water service for the commercial and residential uses shall be metered separately. (U) 15. Stormwater. The management of stormwater shall occur through a combination of onsite detention and conveyance to facilities to the northeast, which are a part of the multipurpose development, to the extent that the quantity of stormwater that may be conveyed in the direction of Chesterfield Avenue shall not require the installation of storm sewer in Chesterfield Avenue. (EE) 16. Cash Proffer. For each dwelling unit, the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit for infrastructure improvements within the service district for the property, provided however that for the period through June 30, 2017, the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, immediately after the completion of the final inspection. a. $2,000 per dwelling unit, if paid prior to July 1, 2017, to be allocated among the facility costs as follows: $957 for schools, $126 for parks, $33 for libraries, $72 for fire stations and $812 for roads; or, b. If paid after June 30, 2017, and before July 1, 2018, $2,000 per dwelling unit, adjusted for the four year cumulative change in the Marshall and Swift Building Cost Index between July 1 of the fiscal year in which the case was approved and July 1 four years later. Thereafter, the per dwelling unit cash proffer amount shall be automatically adjusted, annually, by the annual change in the Marshall and Swift Building Code Index on July 1 of each year. (B & M) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Dr. Turner stated the development opens a path to creating an exciting future for the Ettrick area by starting a college town that will reap future benefits for the county, the community and the university. 14-61 01/22/14 14SN0518 In Dale Magisterial District, RCBJ#8 Inc requests amendment of conditional use (Case lOSN0166) relative to operational rights and amendment of zoning district map in a General Business (C-5) District on 13.4 acres located 340 feet on the south line of Hull Street Road, 210 feet east of Speeks Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Business and General Business use. Tax ID 746-684-6733. Mr. Turner presented a summary of Case 14SN0518 and stated both the Planning Commission and staff recommended approval subject to the one condition. The applicant was not present. Mr. Holland 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. Warren, the Board approved Case 14SN0518, subject to the following condition: This conditional use shall be granted to and for Jessica Simmons only and shall not be transferable nor run with the land. (P) (Note: This condition supersedes Condition 1 of Case lOSN0166. All other conditions of approval for Case lOSN0166 remain in effect.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14SN0535 In Midlothian Magisterial District, Paragon Consultants, LLC and JLP-Richmond, LLC c/o Paul Gugino request amendment of zoning (Case 94SN0127) relative to signage and amendment of zoning district map in a Neighborhood Business (C-2) District on 5.5 acres located in the southeast corner of Huguenot Road and Alverser Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Business use. Tax ID 739-710-7626. Mr. Turner presented a summary of Case 14SN0535 and stated both the Planning Commission and staff recommended approval and acceptance of the one proffered condition. Mr. Lance Koth, representing the applicant, accepted the condition. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved Case 14SN0535 and accepted the following proffered condition: 14-62 J J 01/22/14 Signage for any building located within a 200 foot radius of Alverser Drive and Huguenot Road shall be regulated by the Zoning Ordinance. (P) (Staff Note: Except as amended herein, all previous conditions of zoning approved in Case 94SN0127 shall remain in full force and effect.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14SN0129 In Matoaca Magisterial District, William J. and Linda S. Kofron request renewal of manufactured home permit (Case 07SN0114) approval and amendment of zoning district map to permit a temporary manufactured home in a Residential (R-7) District on 1.8 acres known as 6402 River Road. Density is approximately .5 unit per acre. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre) and Neighborhood Business use. Tax ID 780-609-2158. Mr. Ryan Ramsey presented a summary of Case 14SN0129 and stated the applicants are seeking renewal of the original manufactured home permit for an additional seven years. He further stated the applicant indicate that their sister and brother-in-law have health issues and, as occupants, could maintain the manufactured home. He stated the manufactured home is not in keeping with area development. He further stated while the initial permit serves a temporary need for the care of an immediate family member (mother), there are extenuating circumstances presented that would warrant continued location of the manufactured home on the property. He noted staff is recommended denial of the request. Mr. William Kofron urged the Board to approve the request. He requested that the manufactured home permit be granted for a period of seven years. In response to Mr. Elswick's question, Mr. Kofron stated the home he currently resides in was built in 1868 and he has been living in the home for 78 years. Mr. Holland called for public comment. Mr. Freddy Boisseau urged the Board to approve the request. He expressed concerns relative to the process for renewal of manufactured home permits. Mr. Steve Meadows urged the Board to approve the request. Ms. Theresa Irving also urged the Board to approve the request. She stated she is one of the occupants of the manufactured home. There being no one else to speak to the issue, the public hearing was closed. Mr. Elswick stressed the importance of family members taking care of their family. Mr. Elswick then made a motion, seconded by Mr. Warren, for the Board to approve Case 14SN0129, subject to the following conditions: 14-63 01/22/14 This manufactured home permit shall be granted for a period not to exceed seven (7) years from the date of approval. (P) No permanent-type living space may be added to the manufactured home. The manufactured home shall be skirted but shall not be placed on a permanent foundation. (P) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Mr. Gecker made a request for the County Attorney to review options for extending manufactured home permits. 14SN0534 (AMENDED) In Matoaca Magisterial District, HMG Investments LLC and J. Mark Sowers request amendment of conditional use planned development (Case 02SN0209) relative to transportation improvements, transportation density, transportation phasing, access, lighting, setbacks, and lot sizes and amendment of zoning district map in a Residential (R-12) District on 993.2 acres fronting on the east and west line of Otterdale Road, 1010 feet south of Hampton Glen Drive and fronting on the north and south line of Harpers Mill Parkway, east and west of Otterdale Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential I use (maximum of 2.0 dwellings per acre) and Conservation/Recreation use. Tax IDs 708-663-6796, 709-663-2165, 710-664-1435, 711-661-6074, 712-663-7727, 712- 664-3659, 713-662-9633, 713-663-2879, 714-664-9003, 714-666- 5402, 715-662-0772, 715-665-5669, 716-662-3359 and 716-665- 9329. Mr. Ryan Ramsey presented a summary of Case 14SN0534 and stated the Planning Commission recommended approval. He further stated the proposed amendments would increase maximum transportation development density at build-out; modify transportation improvements based upon proposed maximum densities as identified in a new traffic analysis; delay timing of some required road improvements; permit a temporary emergency access to Beach Road, if approved during plan review; increase freestanding lighting height for playfields; and reduce minimum lot sizes and setbacks for cluster residential development. He stated staff recommends denial because while the proposed transportation amendments are consistent with the evaluation of a new traffic analysis, and the modifications to lighting, setbacks, and lot sizes are acceptable, the applicant has not fully addressed the impact of all units on capital facilities per the Board's Cash Proffer Policy. He further stated the request exceeds the Board's five-year time limitation to consider such requests and deem the previously approved cash proffer adequate to address the capital impacts of the modified development proposal. Mr. Brennen Keene, representing the applicant, stated the original case required three left-hand turn lanes from Route 360 to Otterdale southbound and two right-hand turn lanes from Otterdale going north to Route 360 eastbound, which was based on the original transportation study. He further stated one of the issues that has arisen is that VDOT is not all together sold on the idea of three left-hand turn lanes that it would deem to be acceptable. He stated significant road J J J 14-64 01/22/14 improvements are proffered for the Route 360 and Otterdale Road intersection and conditions of zoning will continue to address impacts of the development on the county. He further stated the request should not be subject to today's maximum cash proffer. He urged the Board to approve the request. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. Mr. Elswick stated the case is not about larding proffers, but about modifying triggers; triggering the events that will change the way road improvements are done. Mr. Elswick then made a motion, seconded by Mr. Gecker, for the Board to approve Case 14SN0534 and accept the following proffered conditions: The 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 known as Chesterfield County Tax Identification Numbers 708-663-6796, 709-663-2165, 710-664-1435, 711-661-6074, 712-663-7727, 712- 664-3659, 713-662-9633, 713-663-2879, 714-664-9003, 714-666- 5402, 715-662-0772, 715-665-5669, 716-662-3359 and 716-665- 9329 ("the Property") under consideration will be developed according to the following amended proffers if, and only if, the request submitted herewith is granted with only those conditions agreed to by the 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 December 5, 2013 shall be considered the Master Plan. (P) (Staff Note: The Textual Statement, 28, 2002 and approved with Case amended per the Textual Statement 2013. All other conditions of the last revised October 28, 2002 shall effect. ) last revised October 02SN0209, shall be dated December 5, Textual Statement, remain in force and The Applicant hereby amends Proffered Condition 7.c of Case 02SN0209 to read as follows: 2. Access Plan. Access from the Property to Beach Road shall be limited to Otterdale Road Extension with the exception as stated in Proffered Condition 5. (T) The Applicant hereby amends Proffered Condition 8 to delete Proffered Condition 8.g. and amend Proffered Conditions 8.h.; 8.i., 8.o.(i), 8.o.(ii), 8.o.(iii), 8.o.(iv) and 8.o.(v) of Case 02SN0209 to read as follows: 3. Transportation. system at the Developer shall improvements. To provide an time of complete be responsible Alternate road 14-65 adequate roadway development, the for the following improvements, as 01/22/14 requested by the Developer and approved by the Transportation Department, which will provide acceptable levels of service as determined by the Transportation Department, may be substituted for the road improvements identified in this condition. If any of the improvements are provided by others, or if they are determined unnecessary by the Transportation Department as demonstrated by updated traffic studies acceptable to the Transportation Department, then the specific required improvement shall no longer be required by the Developer. The road improvements shall be phased in accordance with the phasing plan outlined herein. a. Construction of Otterdale Road and Otterdale Road Extension to VDOT urban minor arterial standards (50 MPH) with modifications by the Transportation Department as: i. A four-lane, divided road section from Route 360 to the Hampton Park Drive intersection. ii. A four-lane, undivided road section from Hampton Park Drive through the East/West Connection intersection to a two-lane road 1,000 feet south of the intersection (approximately 400' of full width lane with a 600' taper). iii. A two-lane, undivided road section from approximately 1,000 feet south of the East/West Connection intersection to Beach Road. b. Construction of the East/West Connection to VDOT urban minor arterial standards (50 MPH) with modifications by the Transportation Department as a two-lane, undivided road section from the eastern Property line to the western Property line. c. Construction of left and right turn lanes along Otterdale Road Extension and the East/West Connection at each approved access, including at the Otterdale Road Extension and the East/West Connection intersection, if warranted, based on Transportation Department standards. d. Construction of the Otterdale Road Extension intersection with Beach Road as a three-lane section consisting of a northbound lane and two southbound lanes. The exact length of this improvement shall be approved by the Transportation Department. e. Construction of a right turn lane and a left turn along Beach Road at the Otterdale Road Extension intersection. J J J 14-66 01/22/14 f. Construction of dual left turn lanes from westbound Route 360 to southbound Otterdale Road. g. Deleted per the current request. h. Construction of a seven (7) lane typical section (i.e., two (2) southbound lanes and five (5) northbound lanes) at its intersection with Route 360. The exact length of this improvement shall be approved by the Transportation Department. i. Full cost of traffic signal installation or modification, for the following intersections, if warranted and necessary, based on Transportation Department standards: i. Route 360 and Otterdale Road. ii. Otterdale Road Extension and the East/West Connection. iii. Otterdale Road and Hampton Park Drive. iv. Route 360 and Hampton Park Drive. j. Construction of left and right turn lanes along Otterdale Road at the Hampton Park Drive intersection, if warranted, based on Transportation Department standards. k. Construction of dual left turn lanes from westbound Route 360 to southbound Hampton Park Drive with an additional lane of pavement (receiving lane) on Hampton Park Drive to Ashbrook Parkway. 1. Construction of dual right turn lanes along northbound Hampton Park Drive at its intersection with Route 360. The exact length of this improvement shall be approved by the Transportation Department. m. Withdrawn in Case 02SN0209. n. Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified and phased as outlined herein. In the event the Developer is unable to acquire the right-of-way necessary for the road improvements as described, the Developer may request, in writing, the County to acquire such right-of-way as a public road improvement. All costs associated with the acquisition of the right-of-way shall be borne by the Developer. In the event the County chooses not to assist the Developer in acquisition of the "off-site" right-of-way, the Developer shall be relieved of the obligation to acquire the "off-site" right-of- way, and only provide the road improvement that can be accommodated within available right-of-way as determined by the Transportation Department. 14-67 01/22/14 o. The phasing of these improvements shall be as outlined herein unless otherwise requested by the Developer and approved by the Transportation Department. i. Prior to recordation of a cumulative total of more than 500 single family detached residential units (or equivalent densities as approved by the Transportation Department), the Developer shall construct the improvements specified in proffers 3.a.(i), 3.f., and part of 3.h. (i.e., a five (5) lane typical section, two (2) southbound lanes and three (3) northbound lanes), unless it is demonstrated by an updated traffic study (acceptable to the Transportation Department) that any of these improvements are not yet needed (as determined by the Transportation Department) then a revised phasing plan indicating the changes to the road improvements shall be submitted to and approved by the Transportation Department. ii. Prior to recordation of a cumulative total of more than 600 single family detached residential units (or equivalent densities as approved by the Transportation Department), the Developer shall construct the Otterdale Road Extension in 3.a.(ii) and (iii) from its existing terminus to Beach Road, 3.d., and 3.e., unless it is demonstrated by an updated traffic study (acceptable to the Transportation Department) that any of these improvements are not yet needed (as determined by the Transportation Department) (except for the completion of Otterdale Road Extension from its then existing terminus to Beach Road as a two- lane road) then a revised phasing plan indicating the changes to the road improvements shall be submitted to and approved by the Transportation Department. iii. Prior to recordation of a cumulative total of more than 700 single family detached residential units (or equivalent densities as approved by the Transportation Department), the Developer shall construct the remaining improvements in 3.h (i.e. two (2) additional northbound lanes along Otterdale Road), unless it is demonstrated by an updated traffic study (acceptable to the Transportation Department) that any of these improvements are not yet needed (as J J J 14-68 01/22/14 determined by the Transportation Department) . iv. Prior to recordation of a cumulative total of more than 1200 single family detached residential units (or equivalent densities as approved by the Transportation Department), the Developer shall construct the improvements specified in 3.k., and 3.1., unless it is demonstrated by an updated traffic study (acceptable to the Transportation Department) that these improvements are not yet needed (as determined by the Transportation Department) then a revised phasing plan indicating the changes to the road improvements shall be submitted to and approved by the Transportation Department. v. Prior to recordation of any subdivision plat or final approval of any site plan a phasing plan of the remaining road improvements shall be submitted to and approved by the Transportation Department. .Such phasing plan shall include the above referenced phases. (T) The Applicant hereby amends Proffered Condition 11 of Case 02SN0209 to read as follows: 4. Transportation Densities. For traffic planning purposes, the maximum density of the Property (which for clarification purposes represents the remaining undeveloped portion of the development not including the 210 previously recorded single family detached units) shall be 30,000 square feet of shopping center, 20,000 square feet of general office, convenience market with 12 vehicle fueling positions, 200 student day care center, 2,060 single family detached residential units or equivalent densities as approved by the Transportation Department. (T) 5. Emergency Access. A temporary emergency access road may be provided to Beach Road, if relief to access requirements, as identified in the Subdivision Ordinance, is granted by the Director of Planning or Planning Commission. (P) (Staff Note: Except as amended with this case, all other conditions of Case 02SN0209 shall remain in force and effect.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Mr. Warren noted the net cost for schools relative to the project is $21 million. 14-69 01/22/14 17. PUBLIC HEARINGS 17.A. TO CONSIDER AN AMENDMENT TO THE LEASE OF HANGAR SPACE AT THE COUNTY AIRPORT FOR USE BY THE DRUG ENFORCEMENT ADMINISTRATION Mr. Dupler stated this date and time has been advertised for a public hearing for the Board to consider an amendment to the lease of hangar space at the County Airport for use by the Drug Enforcement Administration. Mr. Holland called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Mr. Gecker, seconded by Mr. Elswick, the Board approved a lease amendment for hangar space at the County Airport with the United States of America for use by the Drug Enforcement Administration and appropriated funds for security improvements. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 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 Mr. Steven Meadows expressed concerns relative to the Hull Street Corridor Revitalization Plan. In response to Mr. Meadow's concerns, Mr. Gecker stated he has met with Councilwoman Moseley, who has agreed to a plan of action. He further stated he has discussed the issue with the County Administrator, who has agreed to have certain departments cooperate in a joint effort to do that revitalization piece on Route 360. Mr. Richard Peterson, Chesterfield County Public Schools teacher, urged the Board to increase the real estate tax rate to provide funding for teacher compensation and reduced class sizes. Ms. Nancy Rader, Chesterfield County Public Schools teacher, encouraged the Board to raise the real estate tax rate for the sake of public education. Ms. Sonia Smith, Chesterfield County Public Schools teacher, urged the Board to increase the real estate tax rate to provide funding for teacher compensation and reduced class sizes. Mr. Freddy Boisseau urged the Board to provide an online searchable budget document relative to county expenditures. J J J 14-70 01/22/14 20. ADJOURNMENT On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board adjourned at 7:44 p.m. until February 12, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. J mes tegm er ounty dministrator 14-71 01/22/14 J J