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2014-03-12 MinutesBOARD OF SUPERVISORS MINUTES March 12, 2014 Supervisors in Attendance: Staff in Attendance: Mr. James M. Holland, Chairman Mr. Greg Akers, Dir., Mr. Stephen A. Elswick, Vice Chrm. Internal Audit Ms. Dorothy A. Jaeckle Mr. Mike Bacile, Dir., Mr. Arthur S. Warren Purchasing Mr. Daniel A. Gecker Dr. Sheryl Bailey, Dep. County Administrator, Mr. James J. L. Stegmaier Management Services County Administrator Ms. Janice Blakley, Clerk to the Board Ms. Marilyn Brown, Dir., Juvenile Detention 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 Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Will Davis, Dir., Economic Development Ms. Deborah Dugger, Dir., CARP Mr. William Dupler, Dep. County Administrator, Community Development Colonel Thierry Dupuis, Police Department Mr. Robert Eanes, Asst. to the County Administrator Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Real Property Manager Dr. Parham Jaberi, Dir., Health Department Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Ms. Debbie Leidheiser, Senior Advocate, Human Services Mr. Mike Likins, Dir., Cooperative Extension Ms. Mary Martin Selby, Dir., Human Resource Services 14-145 03/12/14 Ms. Melanie Meadows, Drug Court Administrator, Adult Drug Court Mr. Jeffrey L. Mincks, County Attorney Mr. James Nankervis, Dir., Juvenile Probation Mr. Glen Peterson, Dir., Community Correction Services Ms. Karen Reilly, Comp. Services Administrato Human Services Ms. Chris Ruth, Int. Dir., Public Affairs Ms. Marsha Sharpe, Dir., Social Services Mr. Scott Smedley, Dir., Environmental Engineering Mr. Jesse Smith, Dir., Transportation Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Richard Troshak, Dir., Emergency Communications Mr. Kirk Turner, Dir., Planning Mr. Rick Witt, Building Official, Building Inspection Mr. Scott Zaremba, Dir., Human Resource Programs Mr. Holland called the regularly scheduled meeting to order at 3:00 p.m. 1. APPROVAL OF MINUTES FOR FEBRUARY 26, 2014 On motion of Mr. Warren, seconded by Mr. Gecker, the Board approved the minutes of February 26,2014, as submitted. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT • Mr. Stegmaier was pleased to introduce Mr. Greg Akers, the county's new Director of Internal Audit. He stated Mr. Akers brings to the position 30 years of auditing and finance experience, including government experience with Hanover County and the Commonwealth of Virginia. He further stated Mr. Akers will lead the staff and manage the daily operations of the Internal Audit department, which includes performance, financial, compliance, and special audits for county government and schools. • Mr. Stegmaier was pleased to announce that today Capital One held its ribbon cutting ceremony for its new data center in Meadowville Technology Park. He stated the $150 million data center will bring 100 well-paying jobs to the county. He also reported that Evonik Industries, one of the world's leading specialty chemicals companies, announced they will invest $15 million to relocate and expand their Business and Innovation Center in Chesterfield County's Airport Business Park. 14-146 03/12/14 J J J • Mr. Stegmaier was pleased to announce that the Falling Creek Dam was selected as the Virginia Lakes and Watershed Association 2013 Best Maintained Dam Award. He stated the award ceremony was held in Richmond on Tuesday, March 11th, during the VLWA annual conference luncheon. He expressed appreciation to Mr. Dave Sirois, Mr. Matt Easterbrook and Mr. Jerry Giles for their work on the annual dam inspections and following up with any needed work. • Mr. Stegmaier announced that eleven localities across Virginia and their law enforcement agencies have been recognized for their National Night Out events in 2013. He was happy to report that Chesterfield County finished sixth among 12 localities recognized across the country with populations over 300,000. He stated National Night Out is just one of many ways that the county reaches out and partners with the community to help maintain Chesterfield as a safe and secure first choice community. Ms. Mary Ann Curtin presented an update to the Board from the FY2014 General Assembly. She stated the RMA bill, HB597, has passed and is on the way to the Governor's office for signature. She noted the only two changes made to the bill were to the name, which is now the Richmond Metropolitan Transportation Authority and equalization of the membership. She stated the county's bill, HB1093, related to the Board's appointment authority to the Health Center Commission, is also waiting for the Governor's signature. She further stated there were various bills dealing with the extension of the Mandates Taskforce to FY2018. She stated there was a support position on efforts to improve the state's fiscal impact statements in order for legislators to receive better information in a more timely manner on bills that would impact local governments. She noted that bill has passed. She stated the General Assembly adjourned without a state budget and will be returning March 24th for a special session on the budget. In closing, she noted the veto session is scheduled for April 23rd In response to Ms. Jaeckle's question regarding mandates, Ms. Curtin stated the Mandates Taskforce has a very extensive list that has been compiled from staff work and what has been submitted by local governments from across the Commonwealth. She further stated there are various bills currently on the table that she would classify as mandates on local governments that passed this most recent General Assembly. She noted the Mandates Taskforce has not yet decided what issues will be tackled in the upcoming year. Ms. Jaeckle expressed concerns relative to mandates, how they are implemented and possible ramifications. She stated the Board needs to be more aggressive relative to mandates and state issues effecting local governments' budgets. In response to Mr. warren's question, Ms. Curtin stated some mandates are more broad and harder to establish a specific dollar amount. She further stated fiscal impact bills will allow certain state agencies to help funnel the right bills for a fiscal impact study. Ms. Jaeckle expressed concerns relative to Medicaid expansions and negative effects to the locality. 14-147 03/12/14 3. BOARD MEMBER REPORTS Ms. Jaeckle announced she attended the Capital One ribbon cutting ceremony for its new data center in Meadowville Technology Park. She then announced the Bermuda District will hold community meetings regarding the county's proposed FY2015 budget on March 19th at 1:00 p.m. at Bensley Community Center and on March 20th at 7:00 p.m. at Thomas Dale High School. She also announced a community meeting will be held on March 19th regarding widening of Route 10 (Bermuda Triangle Road to Meadowville Road). Mr. Gecker announced the Midlothian District will hold a community meeting regarding the county's proposed FY2015 budget on March 17th at 7:00 p.m. at Midlothian Middle School. Mr. Elswick announced the Matoaca District will hold community meetings regarding the county's proposed FY2015 budget on March 19th at 7:00 p.m. at Matoaca High School, March 20th at 1:00 p.m. at Swift Creek Baptist Church, March 24th at 1:00 p.m. at Mayes-Colbert Ettrick Community Building and on March 25th at 7:00 p.m. at Manchester High School. Mr. Warren announced the Clover Hill District will hold a community meeting regarding the county's proposed FY2015 budget on March 24th at 7:00 p.m. at Monacan High School. Mr. Holland announced the Dale District will hold a community meeting regarding the county's proposed FY2015 budget on March 13th at 7:00 p.m. at Southside Church of the Nazarene, and a seconded meeting is being scheduled during the day at a Dale District location to be determined. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION There were no Requests to Postpone Agenda Items and Additions, Deletions or Changes in the Order of Presentation. Ms. Jaeckle stated she had requested an item be added to the agenda; however, it was not supported by the Board. She stressed the importance of taking a strong stand on mandates and state issues. In regards to Ms. Jaeckle's comments, Mr. Holland stated he does not support the referenced request at this time. 5. RESOLUTIONS There were no Resolutions at this time. J J - 14-148 03/12/14 6. WORK SESSIONS 6.A. PROPOSED FY2015 BUDGET 6.A.1. HUMAN SERVICES Ms. Snead provided an overview of the proposed FY2015 budget for the Human Services Division. She stated the presentation included highlights from successful initiatives and programs during the year, the efficiencies achieved and a look into the challenges of the future. She further stated the Human Services Division is made up of 15 departments and numerous other grants and programs that provide access to resources and opportunities that support and promote resilient families, financial stability, life-long learning,, healthy lifestyles and a vibrant environment. She reviewed Human Services priorities in categories which serve to recruit, develop and retain a high performing workforce; promote healthy lifestyles including physical, mental, behavioral health and financial stability; maximize resources to collectively provide the best programs and services; and optimize existing and new facility needs including technology. She stated the Human Services Division has the honor of working together with the entire community to try to ensure healthy lives and are also present during the most difficult of times; whether job loss, abuse and neglect, mental illness, drug abuse and so much more the division is present with evidence-based practices and programs to help the most vulnerable and at risk live in a safe environment and achieve their full potential. She reviewed the outlook for FY2016 and beyond with a continued focus on identifying program efficiencies, evaluation of Chesterfield Access model. She stated staff is currently benchmarking with other localities on group homes and will provide an update to administration and the Board of Supervisors by September 2014 with an implementation plan for FY2016. She highlighted some division challenges, which include implementations of Affordable Care Act on part-time employees; potential impact of Medicaid expansion; continued staff turnover; and potential impact of budget reductions. In closing, she expressed appreciation to the members of the Board for their support and to the staff of the Human Services Division, the citizens that serve on numerous boards and commissions and the Human Services volunteers for their dedication and commitment. Mr. Holland recognized members of the Human Services Division, who were in the audience. Ms. Jaeckle expressed concerns relative to the lack of figures in the presentation, increases in the number of participants in various assistance programs offered, and Medicaid mandates. She stressed the importance of being proactive at the General Assembly when programs are expanded that impact the county's budget.. She also expressed concerns relative to the turnover occurring within various departments. Ms. Snead stated challenges arise when dealing with the demands of an increased workload. Ms. Jaeckle recognized Ms. Marsha Sharpe, Director of Social Services, for her diligent efforts relative to employee incentives. 14-149 03/12/14 In response to Mr. Elswick's question, Ms. Snead stated it is still uncertain what extra revenue will be received to deal with impacts relative to mental health legislation. Ms. Burcham stated the county has not seen specific problems relating to needs for hospitalization and beds. She further stated the county has a great relationship with seven area local hospitals, and crisis needs have been met. In response to Mr. Elswick's questions, Ms. Snead stated she will provide details to the Board regarding the number of participants and net savings in Juvenile and Adult Drug Courts, as well as the cost of incarceration versus drug court attendance. She further stated revenue to expenditure calibration in both Mental Health and Social Services were not actually cut in services, but decreased where either revenue is not coming in or not fully needed or utilized. In terms of decreased revenues in the Health Department, she noted it is anticipated that the dental clinic would be closing. Mr. Gecker stated it would be very helpful to get a sense of numbers relative to specific programs and impacts certain services have on the community if the Board decided to make reductions in certain departments in order to balance the budget. Ms. Snead stated the division will, and has already begun to analyze areas where reductions with various departments can be made. In response to Ms. Jaeckle's question, Ms. Snead stated the Families First Program is integrated throughout the entire Human Services Division. She further stated leveraging Families First funds could help alleviate responsibilities of the Social Services Department. Mr. Warren expressed appreciation to Ms. Snead for the Division's continued efforts. He noted churches and partnerships are a huge asset to the community and those in dire need of assistance. Ms. Snead stated the division could not maintain its services without the assistance of churches and partnerships throughout the county. Mr. Holland expressed his appreciation to Ms. Snead for her outstanding presentation and continued efforts. He expressed concerns relative to increases in the number of participants in various assistance programs offered and Medicaid mandates. He stated it is important to evaluate the increase in the population versus the increase for the demand of services. He stressed the importance of curbing those increases. Ms. Jaeckle stated there is no doubt that Social Services' cases meet the criteria for assistance. She further stated there is a problem with the food stamp and housing voucher program having aspirations of providing for individuals with no end goal for those individuals to provide for themselves. J J J 14-150 03/12/14 6.A.2. COMMUNITY DEVELOPMENT Mr. Dupler presented an overview of Community Development's FY2015 proposed budget. He began the presentation with a story about the impact of Community Development illustrated by projects like Cloverleaf to Stonebridge and Regency Lake Apartments to Crystal Lake Townhomes. He summarized the role of the Community Development departments and what they mean to the community, which includes guiding wise use of land and resources; ensuring a safe infrastructure; protecting natural resources; promoting economic development and job creation; and preserving and revitalizing existing neighborhoods. In terms of laying the groundwork, he stated high-quality infrastructure is part of the groundwork that ensures the continued viability of the community; along with improvements to water storage capabilities, proactively planning for a major wastewater expansion. He noted highway improvements continue to improve infrastructure and promote safety on increasingly busy county roads and highlighted some road projects completed in FY2014. In terms of rebounding markets, he stated a portion of the uptick in the housing market is directly related to the county's ability to attract new jobs; while another portion is attributed to the county's quality of life and the ranking of the school system. He noted existing industry expansions such as Pro-seal, coupled with small business initiatives add to the results. He highlighted some Comprehensive Plan Phase 2 projects currently in progress and revitalization efforts. In terms of the challenges ahead, he stated the division is experiencing increasing workloads and mandates combined with increasing permit volume, which are taxing on staff and financial resources. In regards to Community Development fees, he stated there is no proposed increase in existing Community Development fee structure; the new state imposed VSMP fee is projected to be revenue neutral for the county; the proposed Utilities fees will raise the average residential bi-monthly utility bill by $5.04 or 8 cents per day; and proposed connection fees will increase by $305 (water) and $675 (sewer). He indicated that over the past 6 years, the Board's support has led to record job growth and commercial developments through a challenging economic period. In closing, he acknowledged members of the Board for their support. Mr. Holland recognized members of the Community Development Division, who were in the audience. He also recognized Mr. Robert Eanes for his involvement with the Regency Lake Apartments/Crystal Lake Townhomes project. Ms. Jaeckle expressed concerns relative to lack of figures in the presentation. She commended the intense efforts of staff and the positive cooperation of property owners relative to the Regency Lake Apartments to Crystal Lake Townhomes project. She stressed the importance of figures relative to certain county projects and why it is important to the safety and welfare of citizens. Mr. Elswick stated the theme seems to be to wait until 2016 to determine fee increases or reductions that need to be made. He further stated he does not support a real estate tax increase. He stressed the importance of reducing the pupil- teacher ratio and keeping teacher salaries completive. He requested a list of reductions in spending for the Board members to consider with the FY2015 budget. 14-151 03/12/14 Mr. Warren stated there neec built into the budget pub: stated the Board needs to estate tax rates are not proffers, he stated there importance of development to .s to be flexibility for citizens is hearing process. He further recognize other options if real increased. In regards to cash needs to be education on the the school system. In response to Mr. Warren's question regarding stormwater management of the Chesapeake Bay, Mr. Dupler stated the county is taking advantage of improvements made since the effective date of the regulations and requirements. He further stated the county does not take credit for the differences made by development policies prior to the effective date of regulations as these are included in the pollutant reductions for the entire state. Mr. Gecker stated the Board needs more information so it can make important decisions instead of kicking the can down the road one more time. He stressed the importance of reducing costs in FY2015 in order to do things in the future and stated he does not believe there are $9 million worth of cuts without reducing or eliminating certain county services. He stated the County Administrator has a duty to bring forth programs that have the lowest priority and let the Board make a decision based on that list. He expressed concerns relative to lack of information needed relative to making cuts in order to balance the budget without dramatically upsetting the community. Mr. Holland stressed the need to limit the cost of local government in terms of resources and the importance to monitor Schools where dollars are being spent in appropriate ways. 7. DEFERRED ITEMS There were no Deferred Items at this time. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Gecker, seconded by Mr. Warren, the Board suspended its rules to allow simultaneous nomination/reappointment of members to the Preservation Committee and Community Services Board. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.A.1. PRESERVATION COMMITTEE On motion of Mr. Gecker, seconded by Mr. Warren, the Board simultaneously nominated/reappointed Ms. Mary Ellen Howe, Mr. James V. Daniels, Mr. J. Carl Morris, Mr. G. M. `Skip' Wallace, Mr. Bryan Walker, Mr. John Coghill, III and Mr. David Dutton, to serve on the Preservation Committee, whose terms are effective March 12, 2014, and will expire on March 8, 2017. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. J J J 14-152 03/12/14 8.A.i.a. COMMUNITY SERVICES BOARD On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/appointed Mr. Joseph A. Wharff, Midlothian District representative, to serve on the Community Services Board, whose term is effective immediately and will expire on December 31, 2016. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.B. STREETLIGHT COST APPROVAL On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board approved the following streetlight installation: Bermuda District • At the entrance to the Swift Creek Mill Theater (17401 Jefferson Davis Highway) Cost to install streetlight: $789.52 Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C. CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTIONS 8.C.l.a. RECOGNIZING MR. JOHN APPELMAN ON THE OCCASION OF HIS 100TH BIRTHDAY On motion of Mr. warren, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Mr. John Appelman was born on March 4, 1914; and WHEREAS, Mr. Appelman is one of seven children born to German parents who moved to a farm in Chesterfield County in January 1914; and WHEREAS, over many years, the family raised grains, tobacco, vegetables, livestock and chickens on the farm; and WHEREAS, Mr. Appelman attended Elkhardt School as a youngster and graduated from Manchester High School; and WHEREAS, Mr. Appelman joined the U.S. Army and served during World War II, sustaining injuries for which he was awarded the Purple Heart; and WHEREAS, after his return from the war in 1945, Mr. Appelman returned to the farm, working hard to meet the demands of farm life; and WHEREAS, in 1952, an older brother passed away, leaving John, who never married, with the primary responsibility of the farm; and WHEREAS, Mr. Appleman is the owner of that same family farm, located in the Dale Magisterial District, today; and WHEREAS, Mr. Appelman has one surviving sister, Ms. Frances Shine, 94, of Portsmouth, Virginia; and 14-153 03/12/14 WHEREAS, he also has eight nieces and nephews; and WHEREAS, in his later years, Mr. Appelman gradually scaled back his farming, but still was known for growing some of the best vegetables in the county, which he freely shared with many neighbors and friends; and WHEREAS, Mr. Appelman has been a proud and loyal member of several organizations, and has been particularly active with the Young-At-Heart Seniors at Belmont United Methodist Church; and WHEREAS, Mr. Appelman is a venerable and respected member of the community; and WHEREAS, he is a patriotic American who faithfully served his country in time of war; and WHEREAS, Mr. Appelman's 100th birthday, on March 4, 2014, is an appropriate time to recognize a lifetime marked by patriotism and an unsurpassed work ethic. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the inspirational accomplishments and example set by Mr. John Appelman, and on the occasion of his 100th birthday, extends to him on behalf of all Chesterfield County residents hearty congratulations and best wishes. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.2. APPROVAL OF A MEMORANDUM OF UNDERSTANDING FOR RADIO INTEROPERABILITY BETWEEN CHESTERFIELD COUNTY AND THE CITY OF PETERSBURG On motion of Mr. Warren, seconded by Mr. Gecker, the Board approved the Memorandum of Understanding for radio interoperability between Chesterfield County and the City of Petersburg and authorized the Chief of Police to execute the Memorandum of Understanding on behalf of the county. (It is noted a copy of the Memorandum of Understanding is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.3. AWARD OF CONSTRUCTION CONTRACT FOR THE MATOACA WATER TANK AND PUMP STATION PROJECT On motion of Mr. Warren, seconded by Mr. Gecker, the Board awarded a construction contract to Landmark Structures in the amount of $4,920,000 and authorized the County Administrator to execute the necessary documents, subject to the availability of funds as described in the Memorandum of Understanding with Virginia State University. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. J J J 14-154 03/12/14 8.C.4. REQUEST FOR PERMISSION FROM THOMAS B. HOEKSTRA AND GIOVANNA M. HOEKSTRA FOR AN EXISTING AND PROPOSED t~OA'r DOCK TO ENCROACH IN THE IMPOUNDMENT EASEMENT FOR SWIFT CREEK RESERVOIR On motion of Mr. Warren, seconded by Mr. Gecker, the Board granted Thomas B. Hoekstra and Giovanna M. Hoekstra permission for an existing and proposed boat dock to encroach in the impoundment easement for Swift Creek Reservoir, subject to the execution of a license agreement. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.5. APPROVAL OF LICENSE AGREEMENT FOR CHESTER COMMUNITY ASSOCIATION TO OPERATE COMMUNITY GARDENS AT CHESTER LIBRARY On motion of Mr. Warren, seconded by Mr. Gecker, the Board granted Chester Community Association permission to operate community gardens at Chester Library, subject to the execution of a license agreement approved by the County Attorney. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.6. AUTHORIZE THE RECEIPT AND APPROPRIATION OF VIRGINIA OFFICE OF EMERGENCY MEDICAL SERVICES VIRGINIA PRE HOSPITAL INFORMATION BRIDGE SPECIAL INITIATIVE GRANT FUNDS FOR THE PURCHASE OF TABLET COMPUTERS On motion of Mr. Warren, seconded by Mr. Gecker, the Board authorized the Fire and EMS Department to receive and appropriate $73,659.24 in grant funds from the Virginia Office of Emergency Medical Services, Virginia Pre Hospital Information Bridge (VPHIB) Special Initiative Grant for the purchase of 25 rugged tablet computers. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.7. STATE ROAD ACCEPTANCES On motion of Mr. Warren, 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, 14-155 03/12/14 pursuant to Section 33.1-229, Department's Subdivision Street Code of Virginia, and the 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: Magnolia Green Section H-2 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 • Wild Senna Court, State Route Number 7749 From: 0.01 miles east of Wild Senna Trail, (Route 7746) To: Cul de sac, a distance of: 0.02 miles. Recordation Reference: Platbook 218, Page 21 Right of Way width (feet) = 40 • Wild Senna Place, State Route Number 7748 From: 0.01 miles east of Wild Senna Trail, (Route 7746) To: Cul de Sac, a distance of: 0.03 miles. Recordation Reference: Platbook 218, Page 21 Right of way width (feet) = 40 And, further, 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: Crimson Crest Section 1 Type Change to the Secondary System miles of State Hip Aaaition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: X33.1-229 Street Name and/or Route Number J J J 14-156 03/12/14 • Ladderback Court, State Route Number 7671 From: Crimson Crest Lane (Route 7667) To: East to the cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Plat Book 176, Page 62 Right of Way width (feet) = 44 • Crimson Crest Lane, State Route Number 7667 From: Wryneck Court (Route 7672) To: Ivory Bill Lane (Route 7668), a distance of: 0.20 miles. Recordation Reference: Plat Book 176, Page 62 Right of Way width (feet) = 50 • Crimson Crest Lane, State Route Number 7667 From: Ivory Bill Lane (Route 7668) To: Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: Plat Book 176, Page 62 Right of Way width (feet) = 50 • Ivory Bill Court, State Route Number 7669 From: Ivory Bill Lane (Route 7668) To: End of Section/Temp. Turnaround, a distance of: 0.01 miles. Recordation Reference: Plat Book 176, Page 62 Right of Way width (feet) = 44 • Ivory Bill Lane, State Route Number 7668 From: Ivory Bill Court (Route 7669) To: End of section/temporary turnaround, a distance of: 0.01 miles. Recordation Reference: Plat Book 176, Page 62 Right of Way width (feet) = 50 • Nuttall Court, State Route Number 7670 From: Ivory Bill Lane (Route 7668) To: The Cul-de-sac, a distance of: 0.07 miles. Recordation Reference: Plat Book 176, Page 62 Right of way width (feet) = 44 • Wryneck Court, State Route Number 7672 From: Crimson Crest Lane (Route 7667) To: west to the cul-de-sac, a distance of: 0.11 miles. Recordation Reference: Plat Book 176, Page 62 Right of Way width (feet) = 44 • Crimson Crest Lane, State Route Number 7667 From: Woodpecker Road (Route 626) To: 0.04 miles north of Woodpecker Road (Route 626), a distance of: 0.04 miles. Recordation Reference: Plat Book 176, Page 62 Right of Way width (feet) = Var. • Ivory Bill Lane, State Route Number 7668 From: Crimson Crest Lane (Route 7667) To: Nuttall Court (Route 7670), a distance of: 0.08 miles. Recordation Reference: Plat Book 176, Page 62 Right of Way width (feet) = 50 • Ivory Bill Lane, State Route Number 7668 From: Nuttall Court (Route 7670) To: Ivory Bill Court (Route 7669), a distance of: 0.11 miles. Recordation Reference: Plat Book 176, Page 62 Right of Way width (feet) = 50 14-157 03/12/14 • Crimson Crest Lane, State Route Number 7667 From: 0.04 miles north of Woodpecker Road (Route 626) To: Wryneck Court (Route 7672), a distance of: 0.04 miles. Recordation Reference: Plat Book 176, Page 62 Right of Way width (feet) = Varies And, further, 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: Magnolia Green Section H-1 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 • Honeybush Lane, State Route Number 7750 From: Wild Senna Trail, (Route 7746) To: Cul de Sac, a distance of: 0.03 miles. Recordation Reference: Platbook 211, Page 41 Right of Way width (feet) = 45 • Wild Senna Trail, State Route Number 7746 From: Crackerberry Drive, (Route 7747) To: Wild Senna Place, (Route 7748), a distance of: 0.05 miles. Recordation Reference: Platbook 211, Page 41 Right of Way width (feet) = 45 • Wild Senna Terrace, State Route Number 7751 From: Meadow Sage Drive, (Route 7745) To: Cul de Sac, a distance of: 0.12 miles. Recordation Reference: Platbook 211, Page 41 Right of Way width (feet) = 45 • Crackerberry Drive, State Route Number 7747 From: Wild Senna Trail, (Route 7746) To: Honeybush Lane, (Route7750), a distance of: 0.16 miles. Recordation Reference: Platbook 211, Page 41 Right of Way width (feet) = 50 J J J 14-158 03/12/14 • Honeybush Lane, State Route Number 7750 From: Crackerberry Drive, (Route 7747) To: Wild Senna Trail, (Route 7746), a distance of: 0.05 miles. Recordation Reference: Platbook 211, Page 41 Right of Way width (feet) = 45 • Wild Senna Court, State Route Number 7749 From: Wild Senna Trail, Route 7746) To: End of Maintenance, a distance of: 0.01 miles. Recordation Reference: Platbook 211, Page 41 Right of Way width (feet) = 40 • Wild Senna Trail, State Route Number 7746 From: Wild Senna Place, (Route 7748) To: Wild Senna Court, (Route 7749), a distance of: 0.06 miles. Recordation Reference: Platbook 211, Page 41 Right of Way width (feet) = 45 • Meadow Sage Drive, State Route Number 7745 From: Championship Crossing, (Route 7540) To: Wild Senna Trail, (Route 7746), a distance of: 0.08 miles. Recordation Reference: Platbook 211, Page 41 Right of Way width (feet) = 55 • Wild Senna Trail, State Route Number 7746 From: Meadow Sage Drive, (Route 7745) To: Crackerberry Drive, (Route 7747), a distance of: 0.08 miles. Recordation Reference: Platbook 211, Page 41 Right of Way width (feet) = 50 • Wild Senna Trail, State Route Number 7746 From: Wild Senna Court, (Route 7749) To: Honeybush Lane, (Route 7750), a distance of: 0.05 miles. Recordation Reference: Platbook 211, Page 41 Right of Way width (feet) = 45 • Crackerberry Drive, State Route Number 7747 From: Honeybush Lane, (Route7750) To: End of Maintenance, a distance of: 0.02 miles. Recordation Reference: Platbook 211, Page 41 Right of Way width (feet) = 50 • Wild Senna Place, State Route Number 7748 From: Wild Senna Trail, (Route 7746) To: End of Maintenence, a distance of: 0.01 miles. Recordation Reference: Platbook 211, Page 41 Right of Way width (feet) = 40 And, further, 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. 14-159 03/12/14 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: Branch's Bluff Section 2 Type Change to the Secondary System miles of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1-229 Street Name and/or Route Number • Proctors Run Drive, State Route Number 7555 From: Proposed Route 7558, Proctors Bluff Lane To: .O1 miles east of proposed Route 7558, a distance of: 0.01 miles. Recordation Reference: Platbook 215, Page 74 Right of Way width (feet) = 50 • Proctors Run Drive, State Route Number 7555 From: From existing Route 7555, Proctors Run Drive To: Proposed Route 7558, west of Proctors Bluff Lane, a distance of: 0.09 miles. Recordation Reference: Platbook 215, Page 74 Right of Way width (feet) = 50 • Proctors Bluff Lane, State Route Number 7558 From: Existing Route 7558, Proctors Bluff Lane To: Proposed Proctors Run Drive, Route 7555, a distance of: 0.02 miles. Recordation Reference: Plat book 215, Page 74 Right of Way width (feet) = 50 Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.8. REQUEST FOR AN ENTERTAINMENT FESTIVAL PERMIT FOR REITHOFFER SHOWS, INCORPORATED TO CONDUCT A CARNIVAL AT THE JEFFERSON DAVIS FLEA MARKET On motion of Mr. Warren, seconded by Mr. Gecker, the Board approved the request of Reithoffer Shows, Inc., for an entertainment festival permit to conduct a carnival at the Jefferson Davis Flea Market on May 1 through May 11, 2014, subject to the conditions filed with the papers of this Board. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. J J J 14-160 03/12/14 8.C.9. AWARD OF CONSTRUCTION CONTRACT FOR THE ROUTE 360 (WINTERPOCK ROAD TO WOODLAKE VILLAGE PARKWAY) WIDENING PROJECT On motion of Mr. Warren, seconded by Mr. Gecker, the Board authorized the award of a construction contract for the Route 360 (Winterpock Road to Woodlake Village Parkway) Widening Project. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. The following item was removed from the Consent Agenda for Board discussion: 8.C.l.b. RECOGNIZING AUXILIARY LIEUTENANT GEORGE M. LAFFOON, POLICE DEPARTMENT, UPON HIS RETIREMENT Ms. Jaeckle commended Auxiliary Lieutenant Laffoon for his outstanding volunteer service to the county. Mr. Elswick noted Lieutenant Laffoon's dedication and hours accumulated over the years. On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Auxiliary Lieutenant George Mike Laffoon retired from the Chesterfield County Police Department Auxiliary on March 28, 2014, after providing more than 24 years of quality volunteer service to the citizens of Chesterfield County; and WHEREAS, Auxiliary Lieutenant Laffoon has faithfully served the Police Department in the capacity of Auxiliary Training Sergeant, Assistant Squad Leader, Squad Leader, Training Lieutenant, and Unit Commander; and WHEREAS, Auxiliary Lieutenant Laffoon was selected as Special Police Officer of the Year for 1991 and Auxiliary Officer of the Year for 2007; and WHEREAS, Auxiliary Lieutenant Laffoon was instrumental in the restructuring of the Auxiliary Police Unit into the Department Platoon system; and WHEREAS, Auxiliary Lieutenant Laffoon developed and instituted a mentoring program within the Auxiliary Unit; and WHEREAS, Auxiliary Lieutenant Laffoon was awarded the Life Saving Award for assisting in restraining a subject while fellow officers removed a loaded weapon from the subject's hand, in a residence filled with propane gas; and WHEREAS, Auxiliary Lieutenant Laffoon has provided more than 18,000 volunteer hours during his tenure; and WHEREAS, Auxiliary Lieutenant Laffoon's leadership has been instrumental for viable training for the Auxiliary Police Unit, to include large scale crowd control and mass arrest exercises with the Special Response Unit; and WHERAS, Chesterfield County and the Board of Supervisors will miss Auxiliary Lieutenant George M. Laffoon's diligent service. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield 14-161 03/12/14 County Board of Supervisors recognizes Auxiliary Lieutenant George M. Laffoon, 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. Mr. Holland recognized and commended Mr. John Appelman for a lifetime marked by patriotism and an unsurpassed work ethic. 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 9.C. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board approved 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. And, further, the following roads were accepted into the State Secondary System: D T1T1 T'T T (1RT Watermark Section B-1 (Effective 11/27/2013) Faulkner Drive (Route 7625) - From Iron Bridge Road (Route 10) to 0.05 miles west Faulkner Drive (Route 7625) - From Rivendell Terrace (Route 7626) to 0.02 miles west to Temporary End Faulkner Drive (Route 7625) - From 0.05 miles west Iron Bridge Road (Route 10) to Rivendell Terrace (Route 7626) Rivendell Terrace (Route 7626) - From Faulkner Drive (Route 7625) to 0.06 miles south to Cul-de-sac Watermark Section B-2 (Effective 11/27/2013) Faulkner Drive (Route 7625) - From 0.10 miles West of Iron Bridge Road (Route 10) to Larson Mews (Route 7627) LENGTH 0.05 miles 0.02 miles 0.03 miles 0.06 miles 0.03 miles Faulkner Drive (Route 7625) - From Larsen Mews (Route 7627) to 0.03 miles west to Temporary End 0.03 miles Larsen Mews (Route 7627) - From Faulkner Drive (Route 7625) to 0.06 miles south to Cul-de-sac 0.06 miles Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. J J J 14-162 03/12/14 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. William Desmond addressed the Board relative to county resources and services for disabled citizens and youths. Mr. Akash Raj e, student at Midlothian High School, urged the Board to fully fund Chesterfield County Public Schools. 11. DINNER On motion of Mr. Elswick, seconded by Mr. Warren, the Board recessed to Room 502 for dinner. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Reconvening: 12. INVOCATION Deputy County Administrator Sarah Snead gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Anthony Walters led the Pledge of Allegiance. 14. RESOLUTIONS 14.A. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT Ms. Ruth introduced Mr. Anthony Joshua Walters who was present to receive his 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 21 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 their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Anthony Joshua Walters and Mr. Matthew Steven Winders, both of Troop 2806, sponsored by Woodlake United Methodist Church; and Mr. Franklin Tyler Davidson, Troop 184, sponsored by Wesley United Methodist Church, have accomplished those high standards of commitment and have reached the long-sought goal 14-163 03/12/14 of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for a role as leaders in society, Anthony and Matthew have distinguished themselves as members 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 12th day of March, publicly recognizes Mr. Anthony Joshua Walters and Mr. Matthew Steven Winders, extends congratulations on their attainment of Eagle Scout, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Mr. Elswick presented the executed resolution and patch to Mr. Walters, accompanied by his mother, congratulated him on his outstanding achievement, and wished him well in future endeavors. Mr. Walters provided details of his Eagle Scout project and expressed appreciation to his mother and others for their support. (It is noted that Mr. Winders was unable to attend the meeting, and his resolution and patch will be forwarded to him.) Mr. Elswick and Mr. Warren also recognized members of Troop 2868, sponsored by Clover Hill Baptist Church, who were in the audience working on their Citizenship in the Community badge. 14.B. RECOGNIZING MS. DIANNE CARDEA AND MS. MONICA FITZGERALD FOR THEIR OUTSTANDING VOLUNTEER SERVICE TO THE BRANDERMILL COMMUNITY AND CHESTERFIELD COUNTY Ms. Ruth introduced Ms. Dianne Cardea and Ms. Monica Fitzgerald, who were present to receive the resolution. On motion of Mr. Warren, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the Brandermill Education Ambassadors was founded three years ago by Mrs. Dianne Cardea to provide support to Chesterfield County Public Schools; and WHEREAS, Mrs. Cardea has been instrumental in encouraging Brandermill residents to volunteer with the group to provide support at neighborhood schools; and WHEREAS, under the stellar leadership of Mrs. Monika Fitzgerald, the group, which was renamed the Branderbassadors, has provided mentoring, tutoring, teacher assistance, program support and a myriad of other services to Chesterfield County Public Schools at no cost to the county; and 14-164 J J J 03/12/14 WHEREAS, the program has successfully united members of the Brandermill community with the schools in a manner that benefits all involved, especially our students; and WHEREAS, the teachers and administrators have gratefully accepted the support of Mrs. Cardea, Mrs. Fitzgerald and all of the Branderbassadors, and are very appreciative of the difference they have made in the neighborhood schools; and WHEREAS, this successful program can serve as a model for use in other county schools. NOW THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 12th day of March 2014, on behalf of all Chesterfield County residents, expresses appreciation for the outstanding volunteerism of Mrs. Dianne Cardea, Mrs. Monika Fitzgerald and all of the Branderbassadors, and extends best wishes for continued success in the community. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mrs. Cardea and Mrs. Fitzgerald, 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. Warren.and Mr. Holland presented the executed resolutions to Mrs. Cardea and Mrs. Fitzgerald and expressed appreciation for their outstanding volunteerism. Mrs. Cardea, Mrs. Fitzgerald and members of the Branderbassadors expressed appreciation to the Board for the special recognition. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Jennifer Laruffa urged the Board to fully fund the homebound school program. Mr. Ralph Carter addressed the Board relative to fiscal responsibility, budgetary restraints and government transparency. Ms. Debbie Smith urged the Board to fully fund Chesterfield County Public Schools. Ms. Tracey Spain-Estes urged the Board to fully fund Chesterfield County Public Schools. Ms. Sarah Gilliam urged the Board to fully fund Chesterfield County Public Schools. 14-165 03/12/14 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 ~~~uni~~ In Clover Hill Magisterial District, Viridis Development Corporation requests amendment of zoning (Case 06SN0127) to eliminate cash proffers and increase density and amendment of zoning district map in a Residential (R-12) District on 22.6 acres lying at the northern terminus of Vickilee Road, the western terminus of Marblethorpe Road, the eastern terminus of North Vickilee Road and Vickilee Court. Residential use of up to 3.63 units per acre is permitted in the Residential (R- 12) District. The Comprehensive Plan suggests the property is appropriate for Residential use of 2.5 dwellings per acre or less. Tax IDs 746-699-8830; and 747-699-0744, 1248, 1750, 2453, 3040 and 4454. Mr. Turner stated the applicant is requesting a 120-day deferral to the July 23, 2014 meeting. Mr. Brennen Keene, representing the applicant, accepted the deferral. Mr. Holland called for public comment. Mr. Freddy Boisseau voiced his agreement with the deferral request. No one else came forward to speak to the deferral. Mr. Warren made a motion, seconded by Mr. Gecker, for the Board to defer Case 13SN0125 until July 23, 2014. Ms. Jaeckle inquired about schools near the development. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14SN0517 In Clover Hill Magisterial District, Joni Roberts requests conditional use to permit a family day-care home and amendment of zoning district map in a Residential (R-7) District on .2 acre known as 13304 Farm Crest Court. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential I use (maximum of 2.0 dwellings per acre). Tax ID 731-678-9030. Mr. Turner stated Mr. Warren is requesting a 30-day deferral to the April 23, 2014 meeting. The applicant was not present. Mr. Holland called for public comment. No one came forward to speak to the deferral. 14-166 J J J 03/12/14 Mr. Warren stated the applicant submitted revised proffers, and additional time is needed to review them. Mr. Warren then made a motion, seconded by Ms. Jaeckle, for the Board to defer Case 14SN0517 until April 23, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14SN0554 In Bermuda Magisterial District, Greg W. Meredith requests conditional use to permit a business (commercial kennel) incidental to a dwelling and amendment of zoning district map in an Agricultural (A) District on 24.6 acres known as 2100 Coxendale Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential use (2.51-4 units/acre). Tax ID 799-661-7476. Mr. Turner stated Ms. Jaeckle is requesting a 30-day deferral to the April 23, 2014 meeting. 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 14SN0554 until April 23, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. i~cunS~~ In Midlothian Magisterial District, Katherine D. Knabe requests rezoning from Agricultural (A) to Community Business (C-3) with conditional use planned development to permit exceptions to Ordinance requirements and amendment of zoning district map on 2.9 acres located in the northwest corner of Midlothian Turnpike and Winterfield Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Village Fringe Area and Village Area uses. Tax ID 725-709- 7211. Mr. Turner presented a summary of Case 13SN0537 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Gary Gallagher 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. Gecker, seconded by Mr. Elswick, the Board approved Case 13SN0537 and accepted the following proffered conditions: 14-167 03/12/14 1. Master Plan: The Textual Statement last revised February 4, 2014 shall be considered the Master Plan. (P) 2. Timbering Restriction: Timber management, for the purpose of enhancing the health and viability of the forest, shall occur under the supervision of a qualified forester, and 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) 3. Burning Ban: The developer shall not use burning to clear or timber the subject property. (EE) 4. Uses: Except for the uses listed below, which shall be prohibited, permitted uses shall be use permitted by right, or with restrictions, in the Community Business (C-3) District: a. Alternative Financial Institutions b. Cocktail Lounges or Nightclubs c. Coin Laundry d. Commercial Kennels e. Communication towers f. Fraternal Uses g. Feed, seed and ice sales h. Funeral Home or Mortuary i. Gasoline Sales j. Halfway Houses k. Home Centers 1. Hospitals m. Hotels n. Indoor or Outdoor Flea Markets o. Material reclamation and recycling centers p. Motor Vehicle Sales, Service, Repair and Rental, including Motor Vehicle Consignment lots q. Motor Vehicle Wash r. Outside Public Address systems 14-168 J J J 03/12/14 s. Park and ride lots t. Tattoo Parlors u. Taxidermies v. Theaters, including drive-in w. Veterinary Hospital with outside runs (P) 5. Hours of Operation. Hours of operation shall be limited to between the hours of 5:00 a.m. and midnight. (P) 6. Dedication. Prior to any site plan approval, or within ninety (90) days of a written request by the Transportation Department, whichever occurs first, thirty-five (35) feet of right-of-way, measured from the centerline of Winterfield Road shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 7. Access. a. Direct vehicular access from the property to Midlothian Turnpike (Route 60) shall be limited to one (1) entrance/exit, generally located towards the western property line, and shall be limited to right-turns-in and right-turns-out only. The exact location of this access shall be approved by the Transportation Department. b. Direct vehicular access from the property to Winterfield Road shall be limited to one (1) entrance/exit, generally located towards the northern property line, and shall be limited to right-turns-in and right-turns-out only. The exact location of this access shall be approved by the Transportation Department. c. Prior to final site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded from the Route 60 and/or Winterfield Road to the adjacent properties. (T) 8. Road Improvements. Prior to issuance of an occupancy permit on the property, the developer shall be responsible for the following road improvements. If any road improvement described herein is provided by others at the time of site plan approval, then such road improvement(s) shall be deemed satisfied. The exact design and length of the improvements shall be approved by the Transportation Department: a. Construction of an additional lane of pavement along the westbound lanes of Route 60 for the entire length of the property frontage; b. Construction of additional pavement along the westbound lanes of Route 60 and along the southbound lanes of Winterfield Road at the approved accesses to provide separate right turn lanes; 14-169 03/12/14 c. Extension of the Winterfield Road southbound right turn lane at the Route 60/Winterfield Road/Le Gordon Drive intersection to provide an adequate right turn lane; d. Construction of a raised median within Winterfield Road from the Route 60/Winterfield Road/Le Gordon Drive intersection to the Winterfield Road roundabout to preclude left turns at the property access; e. Construction of a sidewalk along the property's frontage to Route 60 and Winterfield Road; f Full cost of traffic signal modifications at the Route 60/Winterfield Road/Le Gordon Drive intersection, as determined by the Transportation Department; and, g. Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. (T) 9. Architectural treatment: Unless by the Planning Commission durin architectural treatment of th compatible and consistent wit Design Guidelines For Winterfie Development, as approved with C January 15, 2004. The following a. Buildings shall incorpor architecture such that (whether front, sid inferior materials appearance or detail same building. e or or b to a deviations are approved g site plan review, the e buildings shall be h Exhibit B, entitled ld Village A Mixed Use ase 03SN0316, and dated shall also be required: ate equal no building rear) shall e inferior i nv other exter four sided exterior consist of n quality, for of the b. Vertical architectural facade features shall be continued a minimum of ten (10) feet in depth from the building facade. c. Each entrance shall be accentuated with architectural features to include, but not limited to, structured overhangs and/or awnings. d. All building mounted lighting shall be compatible with the overall architectural style. e. The color palette shall be limited to neutral and earth-toned colors, unless otherwise approved by the Planning Department at the time of plans review. f. Drive-in windows shall be screened to reduce visibility of the drive-in windows from public streets. This screening shall be accomplished by building design, the use of durable architectural walls or fences constructed of materials and with a design comparable to the principle building, and berms or other land forms. Such screening shall be 14-170 J J J 03/12/14 approved by the Planning Department in conjunction with plan approval. g. Building facades shall be designed such as to create the appearance of multiple, traditional storefronts. Facades facing Winterfield Road and Midlothian Turnpike shall incorporate storefront windows, and other architectural treatments, and landscaping in order to provide relief to such facades. (P) ~. 10. Site Layout: The site shall be designed as generally depicted on Exhibit A, as prepared by Architects Dayton and Thompson, and dated November 8, 2013, however, the exact location of the buildings and parking may be modified, as approved by the Planning Department, provided the general intent of the plan is maintained with respect to buildings "fronting" Midlothian Turnpike and Winterfield Road, with no parking or driveways between the buildings and the roads. (P) 11. Internal Sidewalks: The project shall incorporate an internal system of five (5) feet wide sidewalks, which shall provide internal pedestrian access between uses, and shall connect to the sidewalks along Winterfield Road and Midlothian Turnpike, as well as to the adjacent properties to the north and west. These pedestrian areas/walks shall: a. Be constructed of stamped concrete or other decorative paving units. b. Include pedestrian style lights, and c. Incorporate benches, landscaped areas, plazas, and other pedestrian elements. The exact design shall be approved by the Planning Department at the time of site plan review. (P) ~. 12. External Lighting: Lighting along the perimeter of the development adjacent to Winterfield Road and Midlothian Turnpike shall be of a pedestrian scale. Light fixtures shall be installed with a design consistent with the Midlothian Village Guidelines and spaced as may be approved by the Planning Department at time of site plan review. The project shall also have an internal system. of outdoor lighting consistent with the pedestrian scale of the development, as approved by the Planning Department at time of site plan review. (P) 13. Parking Lot Lighting: Parking lot lighting shall be shall be limited to a maximum of 20 feet in height. All light poles and fixtures shall be ornamental and shall be approved by the Planning Department at the time of site plan review. (P) 14. Dumpster Service: Dumpster service shall not be allowed between 7:00 p.m. and 7:00 a.m. (P) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14 -171 03/12/14 14SN0558 In Midlothian Magisterial District, The Shopper at Belvedere, LLC request conditional use to permit recreational establishments (commercial-indoor) plus conditional use planned development to permit use exceptions and amendment of zoning district map in a Neighborhood Business (C-2) District on 3.3 acres fronting 290 feet on the north line of Robious Road, 530 feet east of West Huguenot Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for High Density Residential use (minimum 8.0 to 12.0 dwellings per acre). Tax ID 741-714-3585. Mr. Turner presented a summary of Case 14SN0558 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. William Homiller 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. Gecker, seconded by Mr. Warren, the Board approved Case 14SN0558 and accepted the following proffered conditions: The Owner, pursuant to Section 15.2-2298 of the Code of Virginia (1950, as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffers the following condition for the property designated as Chesterfield County Tax ID 741-714-3585, containing a total of 3.3 acres (the "Property"), in connection with the approval of a Conditional Use Permit and Conditional Use Planned Development for the Property pursuant to Case 14SN0558. In addition to the uses permitted on the Property in accordance with Case 02SN0214 and subsequent approvals from Chesterfield County, the following uses shall be permitted on the Property: a. b. c. d. e. i. Liquor stores. Repair services, excluding motor vehicle repair. Schools - commercial, trade, vocational and training. Secondhand and consignment stores, excluding motor vehicle consignment lots. Recreational establishments, commercial indoor, provided that: This use shall not exceed 8,000 gross square feet on the request Property. (P) (Staff Notes: 1. Uses outlined in subsections a. through d. are uses are permitted through a conditional J J 14-172 03/12/14 use planned development. As such, these uses shall not occupy more than thirty (30) percent of the gross acreage of the total project. 2. Recreational establishments, commercial indoor uses are permitted through a conditional use.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14SN0547 (AMENDED) In Midlothian Magisterial District, B B Hunt LLC requests amendment of conditional use planned development (Case 94SN0138) relative to outdoor uses, setbacks, hours of operation, density and building sizes and amendment of zoning district map in a Residential (R-9) District on 5 acres located in the southeast quadrant of North Woolridge Road and Charter Colony Parkway. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Medium-High Density Residential use (minimum 4.0 to 8.0 dwellings per acre). Tax ID 726-703-6454. Mr. Ryan Ramsey presented a summary of Case 14SN0547 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. He further stated the proposed land uses, development standards and bulk requirement expectations are compatible with existing and anticipated area development. He stated proffered conditions in tandem with ordinance requirements establish an effective land use transition between the planned project and adjacent residential community through the use of buffers and privacy fencing. Ms. Carrie Coyner accepted the recommendation. She stated the applicant has worked with the Village of Midlothian Volunteer Coalition and retained a reputable architect to design the proposed child care center building. Mr. Holland called for public comment. Mr. David Kerensky, representing Bristol Village at Charter Colony Unit Owners Association, supported the recommendation. He expressed concerns relative to extended hours of operation for uses including a 24-hour ATM with a pedestrian connection to Bristol Village. He urged the Board to retain closing hours to 9:00 p.m. There being no one else to speak to the issue, the public hearing was closed. Ms. Coyner stated the applicant has been limited to a 24-hour ATM co-located with a bank, which will be ideal for the site. She further stated the hours of operation are appropriate based on what area businesses and restaurants are expecting. 14-173 03/12/14 Mr. Brad Badgerow, Captain of the Police Department, stated in the last 5 years there have been four robberies reported at ATM machines, none of them have been in the north region of Chesterfield County. Mr. Gecker stated given the buffers provided in the case, the proposed land uses have no adverse effect on the surrounding neighborhood. He further stated the proposed uses could ultimately enhance property values. Mr. Gecker then made a motion, seconded by Ms. Jaeckle, for the Board to approve Case 14SN0547 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 Number 726-703-6454 ("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 proffers shall immediately be null and void and of no further force or effect. The Textual Statement, last revised June 28, 1994 and approved with Case 94SN0138, shall be amended as outlined below. All other conditions of the Textual Statement, last revised June 28, 1994 shall remain in force and effect: 1. Master Plan. The Textual Statement dated February 6, 2014 shall be considered the Master Plan. (P) 2. Street Lighting. The developer shall be responsible for installing Street lights along Woolridge Road and Charter Colony Parkway that are compatible with the goose neck lighting provided throughout Charter Colony. This lighting shall not be placed in front of the Subdivision signage located on the corner of Woolridge Road and Charter Colony Parkway. (P) 3. Timber Management. Timber management, for the purpose of enhancing the health and viability of the forest, shall occur under the supervision of a qualified forester, and 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) 4. Storm Water Detention. A storm water detention system shall be used onsite in order to meet the pre- development 2 and 10 year runoff rates. This can be accomplished through oversized storm sewer pipes, underground storage tanks, permeable pavement, or J J J 14-174 03/12/14 traditional BMP's which will be determined during the Site Plan Design and Review Process. (EE) 5. Onsite Storm Sewer. The onsite storm sewer. diameter will be increased beyond standard design policy to the extent necessary for there to be no hydraulic impact on the Woolridge culvert and riser system. (EE) 6. Retaining Wall. The retaining wall adjacent to Bristol Village will be designed so that it does not cause flooding to a greater extent than what may already exist. An analysis suitable to the Environmental Engineering Department shall be made a part of the site plan. (EE) 7. Existing Channel Treatment. The connection between the outlet end of the Woolridge Road culvert and the onsite storm sewer shall be made via a replacement of existing rip rap with a paved channel cross section or continuous storm sewer. The erosion control plan shall specify the implementation of this storm sewer as the first step in the development of the property or at as early a phase in the construction process as is practicable. (EE) 8. Pollutant Removal. To the extent that the required pollutant removal is not achieved on site, the remaining level of pollutant removal will come from regional BMP LTC 20/25 into which this project drains and which the County plans to construct. (EE) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Mr. Elswick expressed his appreciation to staff relative to the comparison table in the analysis, indicating that it was very helpful. 17. PUBLIC HEARINGS 17.A. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATIVE TO USE OF PUBLIC UTILITIES Mr. Cash stated this date and time has been advertised for a public hearing for .the Board to consider amendments to the County Code relative to use of public utilities. He further stated the recently adopted Comprehensive Plan identified numerous steps necessary to implement the guidelines and goals of the Plan, some of which involve amendments to county ordinances. He stated this is the second in a series of ordinances being brought forward in accordance with the Plan's recommendations. He further stated this group of amendments addresses requirements for use of public water and wastewater for new development consistent with the recommendations of the Plan. He noted the proposed amendments would bring the standards under one section of the Code, the Water and Wastewater ordinance. In response to Ms. Jaeckle's question regarding the exception process for the mandatory connection requirements when a structure is within 200 feet of an existing line, Mr. Cash stated criteria in granting such an exception would be based upon physical impediments such as topography, conflicts with 14-175 03/12/14 other utility systems or capacity limitations. He further stated there would be no cost to a property owner to appeal a decision of the director of the Utilities Department regarding this mandatory connection requirement to the Board. Mr. Holland called for public comment. Mr. Freddy Boisseau supported the proposed amendments, indicating the ordinance provides flexibility in the mandatory connection requirements. There being no one else to address the issue, the public hearing was closed. Mr. Elswick and Mr. Holland expressed their appreciation to the Planning Commission for their hard work relative to the proposed amendments. Mr. Warren stated the ordinances provide flexibility to grant exceptions based on certain criteria such as topographical issues. Ms. Jaeckle indicated that while she had concerns relative to factors which might warrant an exception to the 200 foot mandatory connection requirements, she would support the amendment since a property owner may file an appeal without a fee. On motion of Mr. Warren, seconded by Mr. Holland, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 17-72 AND 17-84 OF THE SUBDIVISION ORDINANCE RELATING TO MANDATORY UTILITY CONNECTIONS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That sections 17-72 and 17-84 of the Code of the County of Chesterfield, 1997, as amended, are amended and reenacted to read as follows: CHAPTER 17 SUBDIVISION OF LAND 0 0 0 Sec. 17-72. Improvements Required 0 0 0 L. where individual wells are permitted to provide water for domestic consumption-the following conditions shall apply: 0 0 0 Sec. 17-84. Standards for lots and parcels served by onsite sewage disposal systems. J J 14-176 03/12/14 A. With the exception of subsection B of this section, subdivisions using onsite sewage disposal systems shall comply with the following: 0 0 0 B. All subdivisions for which residential zoning was obtained prior to February 23, 1989 utilizing onsite sewage disposal systems shall comply with the bulk requirements in place at the time of zoning and the requirements of subsection A. 5., 6. and 7. of this section. 0 0 0 2. (2) That this ordinance shall become effective immediately upon adoption. AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 18-1, 18-53, 18-60, 18-61, 18-62, 18- 63 AND 18-64 OF THE UTILITIES ORDINANCE RELATING TO MANDATORY UTILITIES CONNECTIONS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 18-1, 18-53, 18-60, 18-61, 18-62, 18-63 and 18-64 of the Code of the County of Chesterfield, 1997, as amended, are amended and reenacted, to read as follows: CHAPTER 18 WATER AND SEWERS 0 0 0 Sec. 18-1. Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings: 0 0 0 (o) GIS: Geographic information system owned and operated by the county. (p) Infiltration: Water that enters the wastewater system and wastewater service connections from the ground. (q) Inflow: Water that enters the wastewater system and that is not wastewater or infiltration. (r) Mobile home: Shall have the same meaning as in the zoning ordinance. (s) Mobile home park: Shall have the same meaning as in the zoning ordinance. (t) Mobile home subdivision: Shall have the same meaning as in the zoning ordinance (u) Normal domestic wastewater: Waterborne wastes that are normally discharged from the sanitary facilities of dwellings, apartment houses, hotels, office buildings, 14-177 03/12/14 factories and institutions, and that do not contain groundwater, storm surface water or industrial waste. (v) Off-site extension: An extension of a utility line from the existing line to the developer's property. (w) Oversize line: A utility line that is larger than the line needed to serve a developer's property or eight inches in diameter, whichever is larger. (x) Septage: Normal domestic wastewater that is discharged from a septic tank into the wastewater system. (y) Townhouse: Shall have the same meaning as in the zoning ordinance. (z)Utility or utilities: The county water and wastewater system or, when the context requires, water or wastewater system. (aa) Virtual meter size: (i) The meter size, based on standard plumbing fixtures, which serves a commercial consumer who installs plumbing fixtures that require a lower total volume but a higher instantaneous flow than standard fixtures; or, (ii) the meter size that provides water service to a residential consumer, excluding water service for fire protection. (bb) Wastewater: Normal domestic and industrial waste which enters the wastewater system carried by water from residential, commercial and industrial establishments or other places and infiltration. (cc) Wastewater system: All of the facilities that are owned by the county which transport or treat wastewater. (dd) Water: Water that does not contain enough impurities to cause human disease or harmful physiological effects and that has bacteriological and chemical qualities which conform to the standards for potable water that have been established by the director and by the state department of health's Virginia waterworks Regulations. (ee) Water system: All of the facilities that are owned by the county which impound, transport or treat water. 0 0 0 Sec. 18-53. Utility extensions. (a) For residential development, off-site extension of any public water or public gravity wastewater trunk line shall not exceed a distance of 3,000 feet from the nearest existing line as measured along the most reasonable extension route, as determined by the director of utilities. This limitation shall not preclude extension to accommodate a mixed use development having as its primary component non-residential uses, as determined by the directors of planning and utilities. (b) No person shall extend the utility system without the approval of the director. The J J J 14-178 03/12/14 director shall impose reasonable terms and conditions on all utility extensions. The developer or owner of the land that will be served by an extension shall pay the cost of the extension. However, the developer or owner may be eligible for refunds for a portion of the cost of the extension in accordance with this article. (c) The director shall not approve any utility extension unless he determines that the extension is in the best interest of the utility system and the health, safety and welfare of county residents. (d) No person shall extend utility lines until he has entered into a contract with the county to construct the extension. The form of the contract shall be approved by the director and by the county attorney. The extension contract shall require the developer to provide the county with a copy of a construction contract in a form that is approved by the director with an approved, licensed utility contractor and to convey all utility easements to the county that are necessary for the county to provide utility service to the property. The county shall approve the size, type, location and material of all utility mains; service lines, including corporation stops, meter yokes, fittings and service pipes; and other facilities. The extension shall be installed in accordance with the Chesterfield County water and Sewer Specifications and Procedures Manual and other county policies and administrative procedures. 0 0 0 Sec. 18-60. Required Use of Utility System. The distance extensions described in this section shall be measured from the nearest existing line as measured along the most reasonable extension route, as determined by the director of utilities. A. Residential. For the purposes of this section, the term "dwelling unit" shall be as defined in Chapter 19 and shall not include a dwelling unit that is being rebuilt due to damage by fire, flood, explosion, earthquake, storm or other act of God provided such reconstruction occurs within 2 years of the damage. 1. Public Water System. Connection to the public water system shall be required for new dwelling units when: a) property line is within 200 feet of a water line unless the required on-site service line is greater than 400 feet; 14-179 03/12/14 b) located within a lot subdivision recorded with requirement for connection; c) located within a lot subdivision that receives preliminary plat approval after DATE Of ADOPTION and which is located in the area shown as "Required" on the Residential Public Water Connection Area on the GIS map; or d) located in a multifamily development. 2. Public Wastewater System. Connection to the public wastewater system shall be required for new dwelling units when: a) property line is within 200 feet of a wastewater line unless the required on-site service line is greater than 400 feet; b) located within a lot subdivision recorded with requirement for connection; c) located within a lot subdivision that receives preliminary plat approval after DATE Of ADOPTION and which is located in the area shown as "Required" on the Residential Public Wastewater Connection Area on the GIS map; or d) located in a multifamily development. B. Nonresidential. The requirements of this section shall not include a nonresidential structure that is being rebuilt due to damage by fire, flood, explosion, earthquake, storm or other act of God provided such reconstruction occurs within 2 years of the damage. 1. Public water system. Connection to the public water system shall be required for new nonresidential structures that need domestic water when: a) located in the area shown as "Required on the Nonresidential Public Water Connection Areas on the GIS map; or b) located in the area shown as "Provisional" on the Nonresidential Public Water Connection Areas on the GIS map and the property line is within 200 feet of a water line. 2. Public wastewater system. Connection to the public wastewater system shall be required for new nonresidential structures requiring domestic wastewater when in the area shown as "Required" on the Nonresidential Public Wastewater Connection Areas on the GIS map. Sec. 18-61. Exceptions to Use of Utility Systems. A. An exception to the requirements of sections 18-53(a) and 18-60 A.l.c), A.2. c), B.l.a), and B. 2. may be granted as follows: 1. Submission of an application with a $1000.00 fee to the Planning Department. 2. The director of planning shall process the application and provide notice as outlined for zoning approval in Chapter 19. 3. In conjunction with the director of utilities, the director of planning shall review the application 14-180 J J 03/12/14 and make a recommendation to the Planning Commission. A recommendation for the exception approval may include a recommendation for the imposition of conditions. The recommendation shall consider whether: a) the use of a private system will encourage future area development inconsistent with the Comprehensive Plan; and b) the ability to extend public system to other property will be adversely affected 4. The Planning Commission, following a public hearing, shall make a recommendation to the Board of Supervisors. The Commission shall also consider the criteria outlined in A. 3. The recommendation for the exception approval may include a recommendation for the imposition of conditions. 5. The Board of Supervisors, following a public hearing, may grant the exception. The Board shall consider the criteria outlined in A. 3. The exception approval may include imposition of conditions. B. An exception to the requirements of section 18-60 A.1. a), A.2. a) and B.l.b). may be granted as follows: 1. Administrative Review. Upon submission, the director of utilities shall review the request and make a finding that connecting to the utility system is physically impractical due to: (i) topography, (ii) conflicts with other underground utilities, (iii) capacity limitations, or (iv) other factors which would prevent an extension in accordance with the Chesterfield County Water and Sewer Specifications and Procedures Manual and other county policies and administrative procedures. An exception approval may include imposition of conditions. 2. Appeal of Administrative Review. An applicant who is aggrieved by the determination of the director of utilities may appeal the decision to the Board of Supervisors. The Board's decision shall be based upon those findings outlined in B.l. The Board's decision may include imposition of conditions. Sec. 18-62. Reserved. Sec. 18-63. Reserved. Sec. 18-64. Reserved. 0 0 0 (2) That this ordinance shall become effective immediately upon adoption. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 17.B. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATIVE TO VARIANCE CRITERIA Mr. Cash stated this date and time has been advertised for a public hearing for the Board to consider an amendment to the County Code relative to criteria for granting variances and other decision making criteria due He explained that the state co requirement that the hardship the approaching confiscation and adds 14-181 to changes in State Code. de changes eliminate the variance alleviates is one provisions that a decision 03/12/14 by the Board of Zoning Appeals not be based upon the merits of the zoning ordinance's purpose and intent. Mr. Holland called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Mr. Warren, seconded by Mr. Elswick, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-21 OF THE ZONING ORDINANCE RELATING TO POWERS AND DUTIES OF THE BOARD OF ZONING APPEALS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-21 of the Code of the County of Chesterfield, 1997, is amended and re-enacted, to read as follows CHAPTER 19 ZONING 000 Sec. 19-21. Same--Powers and duties. The board of zoning appeals shall have the following powers and duties: (a) To hear appeals as provided for in section 19-19.1. (b) The board of zoning appeals may authorize upon appeal or original application in specific cases such variance as defined in section 19-301 from the terms of this chapter as will not be contrary to the public interest, when, owning to special conditions, a literal enforcement of the provisions will result in unnecessary hardship; provided that the spirit of this chapter shall be observed and substantial justice done, as follows: When a property owner can show that his property was acquired in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property on March 31, 1997, or reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or of the conditions, situation, use or development of property immediately adjacent thereto, the strict application of the terms of this chapter would effectively prohibit or unreasonably restrict the use of the property or where the board is satisfied, upon the evidence heard by it, that the granting of such variance will alleviate a clearly demonstrable hardship, as distinguished from a special privilege or convenience sought by the applicant, provided that all variances shall be in harmony with the intended spirit and purpose of the chapter. 14-182 J J J 03/12/14 No such variance shall be authorized by the board unless it finds: (1) That the strict application of this chapter would produce undue hardship; (2) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and (3) That the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by granting the variance. No variance shall be authorized unless the board finds that the condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this chapter. In authorizing a variance the board may impose such condition regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to insure that the conditions imposed are being and will continue to be complied with. 000 (e) No provision of this section shall be construed as granting the board of zoning appeals the power to rezone property or to base decisions on the merits of the purpose and intent of the zoning ordinance adopted by the Board of Supervisors. 000 (2) That this ordinance shall become effective immediately upon adoption. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 17.C. TO CONSIDER THE CONVEYANCE OF RIGHT OF WAY TO THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION FOR THE MIDLOTHIAN TURNPIKE SIDEWALK PROJECT Mr. Harmon stated this date and time has been advertised for a public hearing for the Board to consider the conveyance of right of way to the Commonwealth of Virginia, Department of Transportation for the Midlothian Turnpike Sidewalk Project. 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 the conveyance of right of way to the Commonwealth of Virginia, Department of Transportation for the Midlothian Turnpike Sidewalk Project, and authorized the Chairman of the Board and County Administrator to execute the deed. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-183 03/12/14 17.D. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF BRIDGE CREEK COURT WITHIN BROOKCREEK CROSSING, SECTION B Mr. Harmon stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to vacate a portion of Bridge Creek Court within Brookcreek Crossing, Section B. 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. Warren, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to TWIN CREEK PROPERTIES, L.L.C., a Virginia limited liability company, ("GRANTEE"), a portion of Bridge Creek Court within Brookcreek Crossing, Section B, MIDLOTHIAN Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office, Circuit Court, Chesterfield County, Virginia in Plat Book 194, at Page 4. WHEREAS, TWIN CREEK PROPERTIES, L.L.C., petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of Bridge Creek Court with Brookcreek Crossing, Section B, MIDLOTHIAN Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 194, Page 4, by BALZER AND ASSOCIATES, P.C., dated SEPTEMBER 23, 2008. The portion of the right of way petitioned to be vacated is more fully described as follows: A portion of Bridge Creek Court within Brookcreek Crossing, Section B, the location of which is more fully shown on a plat made by BALZER AND ASSOCIATES, INC., dated JANUARY 3, 2013, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the right of way sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portion of right of way be and is hereby vacated. J J J 14-184 03/12/14 This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office, Circuit Court, Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the portion of the right of way hereby vacated in the property owner of the adjoining lots within Brookcreek Crossing, Section B free and clear of any rights of public use, subject to resubdivision of the adjoining lots so all lots have the required street frontage on Bridge Creek Court. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and TWIN CREEK PROPERTIES, L.L.C., a Virginia limited liability company, or its successors in title, as GRANTEE. 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. Freddy Boisseau addressed the Board relative to the adoption of the county's proposed FY2015 budget. Ms. Sandy Brasili addressed the Board relative to the adoption of the county's proposed FY2015 budget. 20. ADJOURNMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adjourned at 7:48 p.m. until March 26, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. mes J Stegm ier County Administrator 14-185 03/12/14 J J J