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2015-08-26 MinutesBOARD OF SUPERVISORS MINUTES August 26, 2015 Supervisors in Attendance: Staff in Attendance: Mr. Stephen A. Elswick, Chairman Mr. Greg Akers, Dir., Mr. Arthur S. Warren, Vice Chrm. Internal Audit Ms. Dorothy A. Jaeckle Dr. Sheryl Bailey, Dep. Mr. James M. Holland County Administrator, Mr. Daniel A. Gecker Management Services Mr. Michael Bacile, Dir., Purchasing Mr. James J. L. Stegmaier Ms. Janice Blakley, County Administrator Clerk to the Board Ms. Patsy Brown, Dir., Accounting Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Mr. Richard Cordle, Treasurer Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessment Mr. William Dupler, Dep. County Administrator, Community Development Mr. Michael Golden, Dir., Parks and Recreation Mr. Joe Horbal, Commissioner of the Revenue Mr. John W. Harmon, Real Property Manager Mr. Garrett Hart, Dir., Economic Development Mr. George Hayes, Dir., Utilities Department Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Mr. Mike Mabe, Dir., Library Mr. Jeffrey L. Mincks, County Attorney Ms. Mary Martin Selby, Dir., Human Resource Services Chief Loy Senter, Fire and EMS Ms. Marsha Sharpe, Dir., Social Services Mr. Scott Smedley, Dir., Environmental Engineering 15-954 08/26/15 Mr. Warren encouraged Dr. Raspiller to give the educational presentation to the Richmond Regional Planning District Commission, the Crater Planning District Commission and the Greater Richmond Partnership. In response to Mr. Warren's question, Dr. Raspiller stated students who have transferred to a four-year college and successfully been placed in an entry-level job return to share their experiences with undergraduates. He further stated employers often visit with undergraduates in order to expand career opportunities and offer tips to enhance their resume. In response to Mr. Elswick's question, Dr. Raspiller stated the presentation will be made at the peer consortium meeting for John Tyler Community College in the fall, as well as for the Superintendent of Chesterfield County Public Schools. 2.C. REPORT ON PROPOSED TRANSFER OF SCHOOLS CONSTRUCTION PROCUREMENT RESPONSIBILITIES TO COUNTY PURCHASING DEPARTMENT Mr. Stegmaier stated the Board set September 16, 2015, for a public hearing to consider an amendment to County Code related to New Construction Procurement for Chesterfield County Schools. He further stated at the time the Board set the public hearing, they asked staff to prepare a report on the transfer of procurement responsibilities to the county purchasing department. He stated county staff worked with school staff to prepare the report and it has been included in the agenda packet. He noted no action is required on this item until after the public hearing on September 16tH 3. BOARD MEMBER REPORTS Mr. Holland announced he gave welcoming remarks at the successful CCPL Job Fair at Meadowdale Library on August 19th He stressed the importance of maintaining an employee within the county's Economic Development Department whose primary focus is small business relations. He also announced he visited 10-15 neighborhoods for National Night Out on August 4th. In regards to county bonds that were sold at an overall interest rate of 2.46 percent, he stated the economy proves to be very balanced. In response to Mr. Holland's comments, Mr. Gecker stated during the recession, instead of drawing from reserves, staff was asked to change the policy with regard to reserves from 7.5 to 8 percent. He further stated the county's ability to handle itself in the post -recessionary period was one of the reasons Standard and Poor's was able to say the county could handle credit stresses better than the federal government. 15-957 08/26/15 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATTnM On motion of Mr. Warren, seconded by Mr. Holland, the Board replaced Item 8.B.9., Approval of Lease Purchase Agreement with Banc of America for the Financing of One Hundred School Buses. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.A. RECOGNIZING THE 2015 NATIONAL ASSOCIATION OF COUNTIES (NACO) AND VIRGINIA ASSOCIATION OF COUNTIES (VACO) ACHIEVEMENT AWARD WINNERS Mr. Lassiter stated Chesterfield County is the recipient of 11 Achievement Awards from the National Association of Counties (NACo) this year for innovative programs and services. The following recipients were recognized by Mr. Elswick and Mr. Stegmaier, and department representatives were presented with the 2015 NACo Achievement Awards: DEPARTMENT PROJECT Accounting Open Government Webpage Adolescent Reporting Program Adolescent Reporting Program Community Service Community Corrections Services Center of Risk Reduction Economic Development Sports Tourism Support to Business Juvenile Detention Viewing Behavior Through a Different Lens: Trauma Informed Care in Detention Libraries Community Demographics and Engagement in Libraries STEM Learning with a Library Robotics Team MH/MR and Learning and Performance Mental Health First Aid and Applied Suicide Intervention Skills Training for County Employees 15-958 08/26/15 Police Utilities Free Ride Home Position Readiness Education Program (PREP) Optimizing Performance Measures to Enhance Ou Business Practices and Maintain Excellent Customer Service Mr. Dean Lynch, Deputy Executive Director for VACo, presented the VACo Achievement Award for Created Equal: Engaging the Community Through Conversation to Library representatives. Mr. Stegmaier, Mr. Elswick and Mr. Holland congratulated and highly praised each department on their prestigious recognitions. Mr. Mike Mabe and Library representatives expressed their appreciation for the special recognition. 6. WORK SESSIONS There were no Work Sessions at this time. 7. DEFERRED ITEMS There were no Deferred Items at this time. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board suspended its rules to allow simultaneous nomination /appointment/ reappointment of members to the Lower Magnolia Green Community Development Authority Board, the Youth Services Citizen Board, the Community Services Board and the GRTC Board of Directors. Ayes: Nays: 8.A.1. Elswick, Warren, Jaeckle, Holland and Gecker. None. LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY BOARD On motion of Mr. Elswick, seconded by Ms. Jaeckle, the Board simultaneously nominated/reappointed Mr. Mark Wauford, Ms. Bethany Miller, Ms. Debra Girvin, Mr. Art Heinz and Mr. Robert Bullock to serve as members on the Lower Magnolia Green Community Development Authority Board, whose terms are effective on September 1, 2015, and will expire on August 31, 2019. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-959 08/26/15 9 9 8.A.2. YOUTH SERVICES CITIZEN BOARD On motion of Mr. Holland, seconded by Mr. Warren, the Board simultaneously nominated/appointed/reappointed the following members to the Youth Services Citizen Board, whose terms are effective on September 1, 2015, and will expire on June 30, 2016: Name District Ms. Sydney Means Dale Mr. Drew Birchmeir Matoaca Ms. Aaliyah McLean Matoaca Ms. Natacha Rangel-Ribeiro Midlothian Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.A.3. COMMUNITY SERVICES BOARD On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board simultaneously nominated/appointed Ms. Jennifer Davis to serve as a member on the Community Services Board, whose term is effective immediately and will expire on December 31, 2017. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.A.4. GRTC BOARD OF DIRECTORS On motion of Mr. Holland, seconded by Mr. Warren, the Board simultaneously nominated/reappointed Mr. Daniel K. Smith, Mr. David Matthews and Mr. Gary Armstrong, to serve on the GRTC Board of Directors for a one-year term effective October 10, 2015 and expiring October 9, 2016. And, further, the Board authorized the County Administrator or his designee to appear at the annual meeting and vote on behalf of the county for the GRTC Directors appointed by the Chesterfield County Board of Supervisors and by the Richmond City Council. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B. CONSENT ITEMS 8.B.1. ADOPTION OF RESOLUTIONS 8.B.l.a. RECOGNIZING THE E. I. DU PONT DE NEMOURS AND COMPANY AS THEY CELEBRATE THE 5 OTHANNIVERSARY OF THE INVENTION OF KEVLAR® II On motion of Mr. Warren, seconded by Mr. Jaeckle, the Board adopted the following resolution: WHEREAS, DuPont's Spruance Plant has been a part of the Chesterfield County community for more than 80 years, supporting programs such as "Girls in Science," "First Virginia Robotics" and "Rebuilding Together"; and 15-960 08/26/15 WHEREAS, the Spruance Plant is DuPont's largest manufacturing site in terms of both employment and capital investment; and WHEREAS, Kevlar° is a name that has become synonymous with lifesaving products; and WHEREAS, Kevlar°, a high-strength fiber, was first developed in 1965 by DuPont scientist, Stephanie Kwolek, a true pioneer for women in science; and WHEREAS, Kevlar° is credited with shielding more than 3,000 law enforcement officers and an unknown number of military personnel from serious injury or death; and WHEREAS, the company has invested more than $50 million over the past several years to expand production capacity for Kevlar° at their Chesterfield County Spruance facility; and WHEREAS, DuPont scientists have put Kevlar°'s high- strength but lightweight properties to use in new ways, including everything from the space shuttle to surfboards and automobile tires, to protecting the satellites that help make modern, global communications possible; and WHEREAS, DuPont, as part of the 50th anniversary of Kevlar°, has launched the Dare Bigger TM campaign, which encourages people to submit stories about how Kevlar has changed their businesses or their lives. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes and congratulates the outstanding contributions of E. I. du Pont de Nemours and Company, expresses the appreciation of all residents for its service to Chesterfield County, and extends congratulations on the 50th anniversary of the invention of Kevlar°. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to E. I. du Pont de Nemours and Company and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.1.b. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 8.B.1.b.l. LIEUTENANT DAVID J. HAMMOND, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Lieutenant David J. Hammond retired from the Fire and Emergency Medical Services Department, Chesterfield County, on August 1, 2015; and 15-961 08/26/15 9 19 9 WHEREAS, Lieutenant Hammond attended Recruit School #23 in 1990, and has faithfully served the county and its residents for 25 years in various assignments; and WHEREAS, Lieutenant Hammond served as a firefighter at the Ettrick, Midlothian, Airport and Bensley Fire and EMS Stations; and WHEREAS, Lieutenant Hammond was promoted to Lieutenant in 1999, and served as a company officer at the Clover Hill, Dutch Gap, and Bensley Fire and EMS Stations; and WHEREAS, Lieutenant Hammond has been a member of the Technical Rescue Team since the team's inception in 1998; and WHEREAS, Lieutenant Hammond was the lead instructor for Recruit Schools #33 and 434 while assigned to the Training and Education Division; and WHEREAS, Lieutenant Hammond was a member of a department team that was deployed to Baton Rouge and St. Bernard Parish, Louisiana to assist localities following Hurricane Katrina in 2005; and WHEREAS, Lieutenant Hammond was recognized with an EMS Unit Citation for his exceptional teamwork and professional manner displayed while caring for a citizen in cardiac arrest in November 2006; and WHEREAS, Lieutenant Hammond was recognized with a Unit Citation for his teamwork displayed controlling a fire resulting in successful search and rescue efforts in September 2007; and WHEREAS, Lieutenant Hammond was recognized with a Lifesave Award for his role in saving the life of a citizen trapped inside a structure fire in October 2013; and WHEREAS, Lieutenant Hammond used his computer knowledge and skills to create a tool that enabled personnel to accurately and consistently document the delivery, dispensing and reporting for diesel fuel in the fire stations which is still in use today, and allows for a quick and accurate accounting. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Lieutenant David J. Hammond, expresses the appreciation of all residents for his service to the county, and extends their appreciation for his dedicated service and congratulations upon his retirement. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-962 08/26/15 8.B.1.b.2. FIREFIGHTER DOUGLAS C. AYERS, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Firefighter Douglas C. Ayers will retire from the Fire and Emergency Medical Services Department, Chesterfield County, on September 1, 2015; and WHEREAS, Firefighter Ayers attended Recruit School #23 in 1990, and has faithfully served the county and its residents for 25 years in various assignments; and WHEREAS, Firefighter Ayers served at the Manchester, Clover Hill, Bon Air, Swift Creek, Beach Road and Matoaca Fire and EMS Stations; and WHEREAS, Firefighter Ayers was certified as an Emergency Medical Technician - Cardiac Technician in 1992, and Paramedic in 1994, providing advanced life support services; and WHEREAS, Firefighter Ayers was recognized with an Emergency Medical Services Award for saving the life of a newborn baby in December 1991; and WHEREAS, Firefighter Ayers was recognized with an Emergency Medical Services Award for saving the life of a citizen suffering from cardiac arrest in December 1992; and WHEREAS, Firefighter Ayers was recognized with a Unit Citation for his teamwork displayed controlling a fire resulting in successful search and rescue efforts in March 2000; and WHEREAS, Firefighter Ayers was recognized with a Unit Citation and Lifesave Award for his teamwork and actions resulting in saving lives of children trapped inside a house fire in March 2007. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter Douglas C. Ayers, expresses the appreciation of all residents for his service to the county, and extends their appreciation for his dedicated service and congratulations upon his retirement. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.1.b.3. SERGEANT BARRY D. BOWMAN, POLICE DEPARTMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board '�Vj adopted the following resolution: WHEREAS, Sergeant Barry D. Bowman will retire from the Chesterfield County Police Department on September 1, 2015, after providing over 31 years of quality service to the residents of Chesterfield County; and 15-963 08/26/15 WHEREAS, Sergeant Bowman has faithfully served the county in the capacity of Patrol Officer, Detective, Acting Administrative Lieutenant, Acting Sergeant and Sergeant; and WHEREAS, during his tenure, Sergeant Bowman has served in various assignments, including Field Training Officer, Multi -jurisdictional Interdiction Task Force member, Richmond Metropolitan Multi -jurisdictional Grand Jury Task Force member, Police Quality Council member, Asset Forfeiture Coordinator, Off Duty Sergeant, Field Training Officer Sergeant, Administrative Sergeant, and K-9 Sergeant; and WHEREAS, Sergeant Bowman was the recipient of a Chief's Commendation for his decisive actions and outstanding leadership in coordinating the successful conclusion to a dangerous, high speed pursuit; and WHEREAS, Sergeant Bowman was recognized with a Unit Citation for his leadership of the K-9 Unit for the exemplary service provided to the residents of Chesterfield County, fellow police officers, and for the multi -jurisdictional support provided to local law enforcement agencies; and WHEREAS, Sergeant Bowman is recognized for his excellent communications and human relations skills, his multi -tasking skills, strong work ethic and teamwork, all of which he has utilized within the Police Department and in assisting residents of Chesterfield County; and WHEREAS, during his tenure, Sergeant Bowman has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Sergeant Bowman has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Sergeant Bowman's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Sergeant Barry D. Bowman and extends on behalf of its members and the residents of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.1.b.4. CORPORAL JAMES A. FARROW, POLICE DEPARTMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Corporal James A. Farrow will retire from the Chesterfield County Police Department on September 1, 2015, after providing 24 years of quality service to the residents of Chesterfield County; and 15-964 08/26/15 WHEREAS, Corporal Farrow has faithfully served the county in the capacity of Patrol Officer, Senior Police Officer, Master Police Officer, Career Police Officer and Corporal; and WHEREAS, Corporal Farrow has also served as Field Training Officer and School Resource Officer; and WHEREAS, Corporal Farrow was the recipient of a Meritorious Service award for his actions during an attempted suicide in October 1991, whereby his personal bravery and self-sacrifice saved the life of an individual, armed with a shotgun, who was very despondent and suicidal; and WHEREAS, Corporal Farrow is recognized for his communications and human relations skills, his professionalism and teamwork, all of which he has utilized within the Police Department and in assisting residents of Chesterfield County; and WHEREAS, Corporal Farrow has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Corporal Farrow has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Corporal Farrow's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal James A. Farrow, and extends on behalf of its members and the residents of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.1.b.5. MRS. DORENA C. OSTWINKLE, POLICE DEPARTMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Mrs. Dorena C. Ostwinkle will retire from the Chesterfield County Police Department on September 1, 2015, after providing 25 years of outstanding quality service to the residents of Chesterfield County; and WHEREAS, Mrs. Ostwinkle has faithfully served the county in the capacity of Senior Clerk Typist/Receptionist, Senior Office Assistant, Customer Service Representative and Senior Customer Service Representative; and 15-965 08/26/15 WHEREAS, Mrs. Ostwinkle and her co-workers were the recipient of a Unit Citation Award for the professionalism, dedication and diligence displayed in achieving a 99.7 percent accuracy rate in records management and providing superior customer service while the department was operating well below authorized staffing; and WHEREAS, Mrs. Ostwinkle had an instrumental role in the relocation of the Record Room to another building, keeping a Positive attitude during the entire move and ensuring that the quality of customer service was maintained at the highest levels; and WHEREAS, Mrs. Ostwinkle was recognized for her recommendation to change the paper color VCIN validation letters to give recipients a visual reminder that an immediate response was needed, and this suggestion resulted in nearly a 100 percent return rate eliminating time- consuming and costly follow-up; and WHEREAS, Mrs. Ostwinkle was consistently praised during her career for her diligence in treating each customer with kindness and respect; and WHEREAS, Mrs. Ostwinkle was an excellent team player and always displayed the utmost professionalism in her daily interactions with internal and external customers; and WHEREAS, Mrs. Ostwinkle has provided the Chesterfield County Police Department with many years of loyal and dedicated service;'and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mrs. Ostwinkle's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mrs. Dorena C. Ostwinkle, and extends on behalf of its members and the residents of Chesterfield County, appreciation for her service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.1.b.6. SERGEANT CURTIS C. TANNER, SR., POLICE DEPARTMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Sergeant Curtis C. Tanner, Sr. will retire from the Chesterfield County Police Department on September 1, 2015, after providing nearly 32 years of outstanding quality service to the residents of Chesterfield County; and WHEREAS, Sergeant Tanner has faithfully served the county in the capacity of Patrol Officer, Detective and Sergeant; and 15-966 08/26/15 WHEREAS, Sergeant Tanner has also served as a Field Training Officer, Evidence Technician, Breathalyzer Operator, and as a member of the Marine Patrol, Police Quality Council and Critical Incident Stress Management Team; and WHEREAS, Sergeant Tanner has been a general instructor and is recognized as an excellent radar instructor and veteran driving instructor, tasks which he has performed for more than 20 years; and IJ WHEREAS, Sergeant Tanner has served in various assignments during his career to include lead patrol sergeant, administrative sergeant, Traffic Unit sergeant, Community Policing sergeant and School Resource sergeant; and WHEREAS, Sergeant Tanner received a Life Saving Award for his quick and efficient efforts in applying pressure to the wounds of a homicidal and suicidal suspect who had cut his wrist in an attempt to end his life; and WHEREAS, Sergeant Tanner was recognized with the Mason T. Chalkley Supervisory Award for Excellence for his genuine concern for those under his command and his recognition of their unique talents and the individualism they possess; and WHEREAS, Sergeant Tanner is recognized for his excellent communications and human relations skills, his professionalism and his teamwork, all of which he has utilized within the Police Department and in delivering outstanding customer service to the residents of Chesterfield County; and I I WHEREAS, Sergeant Tanner has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Sergeant Tanner has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Sergeant Tanner's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Sergeant Curtis C. Tanner, Sr., and extends on behalf of its members and the residents of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-967 08/26/15 8.B.1.b.7. MR. LESTER L. PRYOR, JR., JUVENILE DETENTION.HOME On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Mr. Lester L. Pryor Jr. retired from the Chesterfield County Juvenile Detention Home on August 1, 2015, after providing over 18 years of quality service to the citizens of Chesterfield County; and WHEREAS, Mr. Pryor has faithfully served the county's Juvenile Detention Home in his role of youth supervisor; and WHEREAS, Mr. Pryor has provided the residents of the Chesterfield Juvenile Detention Home with quality care and supervision; and WHEREAS, Mr. Pryor was certified and served as a statewide instructor in Handle With Care, the Department of Juvenile Justice's mandated physical restraint program; and WHEREAS, Mr. Pryor has dedicated 18-1/2 years of service to working with troubled youth; and WHEREAS, Mr. Pryor served with distinction on the overnight shift for many years, competently and capably handling the unique challenges of that shift; and WHEREAS, Mr. Pryor was a TQI graduate and Quality Council member. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Lester L. Pryor, Jr., and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his years of loyal service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.1.b.8. MR. STANLEY A. PEGRAM, UTILITIES DEPARTMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Mr. Stanley A. Pegram retired from Chesterfield County Utilities Department on June 30, 2015; and WHEREAS, Mr. Pegram began his public service with Chesterfield County on May 25, 1981, when he was hired by the Chesterfield Utilities Department as a Laborer I; and WHEREAS, Mr. Pegram was promoted several times within his division and has served faithfully as a Principal Labor Crew Chief from 1996 until his retirement; and 15-968 08/26/15 WHEREAS, Mr. Pegram directed the day-to-day activities of crews responsible for the maintenance and repair of water distribution lines and associated appurtenances; and WHEREAS, Mr. Pegram focused on providing world-class customer service by consistently meeting or exceeding customer expectations; and WHEREAS, Mr. Pegram continuously utilized his knowledge of mainline repair techniques and experience to provide water �4j service that was safe, reliable and environmentally sound; and WHEREAS, Mr. Pegram was highly respected and liked by his peers and coworkers; and WHEREAS, Mr. Pegram willingly and faithfully worked after hours and during emergencies to restore water service to customers regardless of weather conditions or the time of day; and WHEREAS, throughout his career with Chesterfield County, Mr. Pegram displayed dependability, aptitude, good character and values. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Stanley A. Pegram and extends on behalf of its members and citizens of Chesterfield County, appreciation for more than 34 years of exceptional service to the county. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.l.c. IDENTIFYING LAND USES THAT ARE URBAN DEVELOPMENT AREA (UDA)-LIKE On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution identifying land uses in the Comprehensive Plan which meet the intent of "UDA-like" as defined by the Code of Virginia, Section 15.2-223.1: WHEREAS, during the 2014 session of the General Assembly legislation was passed requiring the Commonwealth Transportation Board (CTB) to develop a statewide transportation project prioritization process; and WHEREAS, the prioritization process developed by the CTB includes, as a first step, screening projects to determine if they meet needs identified in the state long- range multimodal transportation plan for Corridors of Statewide Significance, Regional Networks or Urban Development Areas; and WHEREAS, Section 15.2-2223.1 of the Code of Virginia defines Urban Development Areas (UDAs) as areas designated by a locality that are appropriate for higher density development, primarily due to proximity to transportation facilities, public utilities or areas for redevelopment or infill; and 15-969 08/26/15 9 WHEREAS, the Chesterfield County Comprehensive Plan dated October 24, 2012 does not designate specific areas as UDAs, however, includes land use categories in Chapter 10 (pages 91-113) which meet the intent of Section 15.2-2223.1 of the Code of Virginia, including Regional Mixed Use, Community Mixed Use, Residential Mixed Use, Medium -High Density Residential, and High Density Residential, as well as the following land use categories from area plans: • Residential 7.01-14 units per acre (Eastern Midlothian Plan) • High Density Residential (Jahnke/Chippenham Plan) • Residential 7.01-10 units per acre (Jefferson Davis Corridor Plan) • Community Commercial Plan) • Regional Mixed Use Plan) (Jefferson Davis Corridor (Jefferson Davis Corridor • Planned Transition Area (Midlothian Area Community Plan) • Office/Residential Mixed Use (Northern Courthouse Road Community Plan) • Mixed Use Corridor (Route 360 Corridor Plan); and WHEREAS, these land use categories incorporate principals of traditional neighborhood design such as pedestrian -friendly road design, interconnection of new local streets to existing streets, connectivity of road and pedestrian networks, preservation of natural areas, mixed- use neighborhoods including affordable housing; and WHEREAS, Chesterfield County anticipates these areas to develop at a rate proportional to the historic growth rate of the county; and WHEREAS, it is beneficial for Chesterfield County to acknowledge these land use areas as meeting the intent of Section 15.2-2223.1 in order to pursue funding from the Commonwealth of Virginia for transportation needs. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors identifies the following land use areas as meeting the intent of Section 15.2-2223.1 of the Code of Virginia as shown on the map titled "Map of Proposed UDAs", dated June 2015, prepared by Chesterfield County Planning Department. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-970 08/26/15 8.B.2. 8.B.2.a. REQUESTS FOR PERMITS TO DISPLAY FIREWORKS DISPLAYS 8.B.2.a.1. AT 70 BELLONA ARSENAL FOR A BIRTHDAY CELEBRATION On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved a permit for George Hoover to stage a fireworks display at 70 Bellona Arsenal, Midlothian, Virginia on Saturday, October 3, 2015, with a rain date of October 4, 2015. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.2.a.2. FOR A LABOR DAY CELEBRATION On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved a permit for George Hoover to stage a fireworks display at 70 Bellona Arsenal, Midlothian, Virginia on Friday, September 5, 2015, with rain dates of Saturday, September 6 or Sunday, September 7, 2015. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.2.b. FOR THE CHESDIN LANDING LUAU On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved a permit to stage a fireworks display for the Chesdin Landing Luau on Sunday, August 30, 2015, with a rain date of September 5, 2015. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.3. APPROVAL OF MEMORANDUMS OF UNDERSTANDING 8.B.3.a. BETWEEN THE CHESTERFIELD COUNTY FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT AND THE VIRGINIA STATE POLICE DELINEATING RESPONSIBILITIES ASSOCIATED WITH THE MED -FLIGHT AIR MEDICAL TRANSPORT PROGRAM On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved the Memorandum of Understanding between Chesterfield County Fire and Emergency Medical Services and the Virginia State Police delineating responsibilities associated with the Med-Flight Air Medical Transport Program. (It is noted a copy of the Memorandum of Understanding is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-971 08/26/15 8.B.3.b. WITH THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF EMERGENCY MANAGEMENT FOR THE ALL HAZARDS INCIDENT MANAGEMENT TEAM On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the Fire Chief of Chesterfield Fire and Emergency Medical Services to sign and execute a Memorandum of Understanding document with the Commonwealth of Virginia, Department of Emergency Management for the Central Virginia All Hazards Incident Management Team. (It is noted a copy of the Memorandum of Understanding is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.4. SET DATES FOR PUBLIC HEARINGS 8.B.4.a. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATING TO BACKGROUND INVESTIGATIONS OF APPLICANTS FOR EMPLOYMENT WITH THE COUNTY FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board set September 16, 2015, for a public hearing for the Board to consider amending Section 2-72 of the County Code relating to background investigations of applicants for employment with Chesterfield County Fire and Emergency Medical Services Department. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.4.b. TO CONSIDER APPROVING THE TRANSFER OF PROPERTY ON WOODPECKER ROAD TO CHESTERFIELD ALTERNATIVES, INCORPORATED FOR THE BUILD -A -HOUSE PROGRAM On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board set September 16, 2015, for a public hearing for the Board to consider approving the transfer of property at 19801 Woodpecker Road to Chesterfield Alternatives, Inc. for the Build -A -House program. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.4.c. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATING TO SIGNS On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board set September 16, 2015, for a public hearing for the Board to consider the proposed amendment to the County Code relative to signs. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-972 08/26/15 8.B.5. APPROVAL OF THE CHESTERFIELD COUNTY POLICE DEPARTMENT TOWING CONTRACT FEE ADDENDUM On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved the Chesterfield County Police Department Towing Contract fee addendum as approved by the Chesterfield County Police Department Towing Advisory Board. Ayes: Nays: 8.B.6. Elswick, Warren, Jaeckle, Holland and Gecker. None. AUTHORIZE THE COUNTY ADMINISTRATOR TO RENEW A HEALTH CARE CONTRACT WITH ANTHEM BLUE CROSS AND BLUE SHIELD AND EXECUTE A DENTAL CONTRACT WITH DELTA DENTAL OF VIRGINIA FOR 2016 On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the County Administrator to renew the county's contract with Anthem Blue Cross and Blue Shield (Anthem) and execute a contract with Delta Dental of Virginia (Delta) for 2016. Ayes: Nays: 8.B.7. Elswick, Warren, Jaeckle, Holland and Gecker. None. RENEWAL OF LEASE OF OFFICE SPACE FOR THE SOCIAL SERVICES DEPARTMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the County Administrator to execute a lease agreement for office space with CS Development, Inc. for use by the Social Services Department. Ayes: Nays: 8.B.8. Elswick, Warren, Jaeckle, Holland and Gecker. None. ACCEPTANCE OF GRANT AND APPROPRIATION OF FUNDS FROM THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY AND AWARD OF CONSTRUCTION CONTRACT FOR THE MID -LOTHIAN MINES PARK STREAM RESTORATION On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board accepted a grant and appropriated funding up to $421,653, as anticipated grant funding reimbursements, from the Virginia Department of Environmental Quality and authorized the County Administrator to execute any necessary grant -related documents; awarded the construction contract to Dorin Landscaping Incorporated in the amount of $349,958; and authorized the County Administrator to execute the necessary documents. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-973 08/26/15 8.B.9. APPROVAL OF A LEASE PURCHASE AGREEMENT WITH BANC OF AMERICA FOR THE FINANCING OF ONE HUNDRED SCHOOL BUSES On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the County Administrator to execute a seven-year lease purchase agreement, once approved by the County Attorney, with a fixed interest rate of 1.6918 percent with Banc of America Public Capital Corporation and appropriated the associated funds for the financing of 100 school buses. And, further, the Board adopted the following resolution: A RESOLUTION OF THE GOVERNING BODY OF COUNTY OF CHESTERFIELD, VIRGINIA, AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT WITH BANC OF AMERICA PUBLIC CAPITAL CORP, AS LESSOR, AND SEPARATE SCHEDULES THERETO FOR THE ACQUISITION, PURCHASE, FINANCING AND LEASING OF CERTAIN EQUIPMENT WITHIN THE TERMS HEREIN PROVIDED; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION WHEREAS, County of Chesterfield, Virginia (the "Lessee"), a county duly organized and existing under the laws of the State/ Commonwealth of Virginia, is authorized by the laws of the State/ Commonwealth of Virginia to purchase, acquire and lease personal property (tangible and intangible) for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto; and WHEREAS, the governing body of the Lessee (the "Board") has determined that a need exists for the acquisition, purchase and financing of certain property consisting of school buses (collectively, the "Equipment") on the terms herein provided; and WHEREAS, in order to acquire such Equipment, the Lessee proposes to enter into that certain Master Equipment Lease/Purchase Agreement (the "Agreement") with Banc of America Public Capital Corp (or one of its affiliates), as lessor (the "Lessor"), substantially in the proposed form presented to the Board at this meeting, and separate Schedules thereto substantially in the form attached to the Agreement; and WHEREAS, the Board deems it for the benefit of the Lessee and for the efficient and effective administration thereof to enter into the Agreement and separate Schedules relating thereto from time to time as provided in the Agreement for the purchase, acquisition, financing and leasing of the Equipment to be therein described on the terms and conditions therein and herein provided; 15-974 08/26/15 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the governing body of the Lessee as follows: Section 1. Findings and Determinations. It is hereby found and determined that the terms of the Agreement (including the form of Schedule of Property and the form of Rental Payment Schedule, both attached thereto), in the form presented to the Board at this meeting, are in the best interests of the Lessee for the acquisition, purchase, financing and leasing of the Equipment. Section 2. Approval of Documents. The form, terms and provisions of the Agreement (including the form of Schedule of Property and the form of Rental Payment Schedule, both attached thereto) are hereby approved in substantially the forms presented at this meeting, with such insertions, omissions and changes as shall be approved by the County Administrator of the Lessee (the "Authorized Official") executing the same, the execution of such documents being conclusive evidence of such approval. The Authorized Officials are each hereby authorized and directed to sign and deliver on behalf of the Lessee the Agreement, each Schedule thereto under which a separate Lease (as defined in the Agreement) is created, each Rental Payment Schedule attached thereto and any related exhibits attached thereto if and when required; provided, however, that, without further authorization from the governing body of the Lessee, (a) the aggregate principal component of Rental Payments under all Leases entered into pursuant to the Agreement shall not exceed $8,649,800.00; (b) the maximum term under any Lease entered into pursuant to the Agreement shall not exceed [seven] years; and (c) the maximum interest rate used to determine the interest component of Rental Payments under each Lease shall not exceed the lesser of the maximum rate permitted by law or [ten percent (10%)] per annum. The Authorized Officials may sign and deliver Leases to the Lessor on behalf of the Lessee pursuant to the Agreement on such terms and conditions as they shall determine are in the best interests of the Lessee up to the maximum aggregate principal component, maximum term and maximum interest rate provided above. The foregoing authorization shall remain in effect for a period of two years from the date hereof during which the Authorized Officials are authorized to sign and deliver Leases pursuant to the Agreement on the terms and conditions herein provided and to be provided in each such Lease. Section 3. Other Actions Authorized. The officers and employees of the Lessee shall take all action necessary or reasonably required by the parties to the Agreement to carry out, give effect to and consummate the transactions contemplated thereby (including the execution and delivery of Final Acceptance Certificates, Escrow Agreements and any tax certificate and agreement, as contemplated in the Agreement) and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Agreement and each Lease. 15-975 08/26/15 9 9 Section 4. No General Liability. Nothing contained in this Resolution, the Agreement, any Lease, any Escrow Agreement nor any other instrument shall be construed with respect to the Lessee as incurring a pecuniary liability or charge upon the general credit of the Lessee or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Agreement, any Lease, any Escrow Agreement or any other instrument or document executed in connection therewith impose any pecuniary liability upon the Lessee or any charge upon its general credit or against its taxing power, except to the extent that the Rental Payments payable under each Lease entered into pursuant to the Agreement are limited obligations of the Lessee, subject to annual appropriation, as provided in the Agreement. Section 5. Appointment of Authorized Lessee Representatives. The County Administrator of the Lessee is hereby designated to act as authorized representatives of the Lessee for purposes of each Lease and the related Escrow Agreement until such time as the governing body of the Lessee shall designate any other or different authorized representative for purposes of the Agreement and any Lease or Escrow Agreement. Section 6. Severability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 7. Effective Date. This Resolution shall be effective immediately upon its approval and adoption. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.10. STATE ROADS ACCEPTANCE On motion of Mr. Warren, seconded by Ms. Jaeckle, 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 33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements. 15-976 08/26/15 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: Queensgate Section 2 Type Change to the Secondary System miles of State Highways: 1�j Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.2-705 Street Name and/or Route Number • Miners Trail Road, State Route Number 7777 From: Coalfield Road, (Route 754) To: Existing End of Maintenance of Miners Trail Road, (Route 7777), a distance of: 0.26 miles. Recordation Reference: Plat Book 220, Page 67 Right of Way width (feet) = 50 • Miners Trail Court, State Route Number 7819 From: Miners Trail Road, (Route 7777) To: Cul -de -Sac, a distance of: 0.04 miles. Recordation Reference: Plat Book 220, Page 67 Right of Way width (feet) = 40 Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.11. REQUEST FOR ENTERTAINMENT FESTIVAL PERMIT FOR SAINT AUGUSTINE CATHOLIC CHURCH'S FESTIVAL On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board granted a music and entertainment festival permit for St. Augustine Catholic Church's Festival on Saturday, September 12, 2015, subject to the conditions filed with the papers of this Board. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.12. REQUEST TO AID THIBAULT ENTERPRISES, LLC IN THE ACQUISITION OF OFFSITE SEWER AND TEMPORARY CONSTRUCTION EASEMENTS TO SERVE ITS COMMERCIAL DEVELOPMENT ON JEFFERSON DAVIS HIGHWAY On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized Right of Way staff to aid Thibault Enterprises, LLC in the acquisition of sewer and temporary construction easements to serve its commercial development on Jefferson 1�qj Davis Highway, subject to the developer executing a contract agreeing to pay all costs. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-977 08/26/15 8.B.13. ACCEPTANCE OF PARCELS OF LAND 8.B.13.a. ALONG NORTH WOOLRIDGE ROAD FROM BB HUNT, L.L.C. On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board accepted the conveyance of a parcel of land containing 0.059 acres along North Woolridge Road from BB Hunt, L.L.C., and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.13.b. ALONG THE EAST RIGHT OF WAY LINE OF NORTH OTTERDALE ROAD FROM BROOKCREEK ESTATES OWNERS ASSOCIATION, INCORPORATED On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board accepted the conveyance of a parcel of land containing 0.027 acres along the east right of way line of N. Otterdale Road from Brookcreek Estates Owners Association, Inc., and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.13.c. ALONG BIG OAK LANE FROM NHI BICKFORD RE, LLC On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board accepted the conveyance of six parcels of land containing a total of 0.21 acres along Big Oak Lane from NHI Bickford RE, LLC and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.13.d. ALONG JEFFERSON DAVIS HIGHWAY FROM SEE YUAN CHAN INVESTMENTS, LLC On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board accepted the conveyance of a parcel of land along Jefferson Davis Highway from See Yuan Chan Investments, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-978 08/26/15 8.B.13.e. FOR THE ETTRICK-MATOACA LIBRARY FROM THE VISITORS OF VIRGINIA STATE UNIVERSITY On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board accepted the conveyance of a parcel of land containing 3.931 acres for the Ettrick-Matoaca Library from The Visitors of Virginia State University and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.14. REQUESTS TO QUITCLAIM 8.B.14.a. A THIRTY-FOOT VIRGINIA DEPARTMENT OF TRANSPORTATION DRAINAGE EASEMENT, A PORTION OF A VARIABLE WIDTH WATER EASEMENT AND PORTIONS OF VIRGINIA DEPARTMENT OF TRANSPORTATION SLOPE EASEMENTS ACROSS THE PROPERTY OF BB HUNT, L.L.C. On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 30' VDOT drainage easement, a portion of a variable width water easement and portions of VDOT slope easements across the property of BB Hunt, L.L.C. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.14.b. A PORTION OF A TWENTY -FOOT STORM WATER MANAGEMENT BEST MANAGEMENT PRACTICE ACCESS EASEMENT ACROSS THE PROPERTY OF RREF II - TFC WYNWOOD, LLC On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 20' SWM/BMP access easement across the property of RREF II - TFC Wynwood, LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.15. REQUESTS FOR PERMISSION 8.B.15.a. FROM RUDOLF BUTZ AND BONNIE J. BUTZ FOR AN EXISTING AND PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN -FOOT DRAINAGE EASEMENT AND AN EIGHT -FOOT EASEMENT ACROSS LOT 37, STONEMILL, SECTION D On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board granted Rudolf Butz and Bonnie J. Butz permission for an existing and proposed fence to encroach within a 16' drainage easement and an 8' easement across Lot 37, Stonemill, Section D, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-979 08/26/15 9 9 9 8.B.15.b. FROM JOSE C. HERRERA AND MARIA G. HERRERA FOR A SHED AND CONCRETE PAD TO ENCROACH WITHIN AN EIGHT - FOOT DRAINAGE AND UTILITY EASEMENT ACROSS LOT 3, BLOCK E, TINSBERRY TRACE, SECTION 3 On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board granted Jose C. Herrera and Maria G. Herrera permission for a shed and concrete pad to encroach within an 8' drainage and utility easement across Lot 3, Block E, Tinsberry mace, Section 3, subject to the execution of a license agree�fn'ent. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.15.c. FROM JAMIE REBECCA MOYA FOR A PROPOSED DECK TO,_,...,_, ENCROACH WITHIN AN EIGHT -FOOT EASEMENT ACROSS LOT 7, BLOCK D, FOXBERRY, SECTION 1 On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board granted Jamie Rebecca Moya permission for a proposed deck to encroach within an 8' easement across Lot 7, Block D, Foxberry, Section 1, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.15.d. FROM KAMRAN RAIKA AND ANA RAIKA FOR A PROPOSED BOAT DOCK TO ENCROACH IN THE IMPOUNDMENT EASEMENT FOR SWIFT CREEK RESERVOIR On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board granted Kamran Raika and Ana Raika permission for a proposed boat dock to encroach in the impoundment easement for Swift Creek Reservoir, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.16. CONVEYANCE OF EASEMENT TO COLUMBIA GAS OF VIRGINIA, INCORPORATED FOR AN EXISTING PIPELINE AND THE RELOCATION OF A PORTION OF THE PIPELINE FOR THE NEW ADDITION TO THE COUNTY ADMINISTRATION BUILDING On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Columbia Gas of Virginia, Inc. for conveyance of an easement for an existing pipeline and the relocation of a portion of the pipeline for the new addition to the Chesterfield County Administration Building. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-980 08/26/15 8.B.17. APPROVAL OF A CONTRACT FOR THE DONATION OF A PARCEL OF LAND TO THE COUNTY ADJACENT TO MANCHESTER MIDDLE SCHOOL On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved a contract for the donation of a parcel of land adjacent to Manchester Middle School from Mary Lewellen Padgett and Larry Scott Daniel and authorized the County Administrator to execute the contract and deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Nays: 8.B.18. Elswick, Warren, Jaeckle, Holland and Gecker. None. DESIGNATION OF A TEMPORARY CONSTRUCTION EASEMENT AND CONVEYANCE OF AN EASEMENT TO VERIZON FOR THE WOOLRIDGE ROAD AND OTTERDALE ROAD IMPROVEMENTS PROJECT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board designated a temporary construction easement and approved the conveyance of an easement to Verizon for the Woolridge Road and Otterdale Road Improvements Project and authorized the County Administrator to execute the declaration and easement agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.19. AWARD OF REQUIREMENTS CONTRACT FOR ELECTRICAL ENGINEERING SERVICES TO BASKERVILL On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the County Administrator to execute a requirements contract with Baskervill for electrical engineering services for various county projects. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.20. AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO EXECUTE THE SPECIAL PROJECT SERVICE AGREEMENT FOR COLLECTING, TRANSPORTING AND PROCESSING USED ELECTRONIC EQUIPMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the County Administrator to sign the special project service agreement with the Central Virginia Waste Management Authority (CVWMA) for collecting, transporting and processing used electronic equipment. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-981 08/26/15 9 9 9 8.B.21. APPROPRIATION OF FUNDS RELATED TO TAXATION MANAGEMENT SYSTEM PROJECT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board appropriated $400,000 in funds from residual judicial sales proceeds to the Taxation Management System Project. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; and a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 10. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 11. DINNER On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board recessed to Room 502 for dinner. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Reconvening: 12. INVOCATION/MOMENT OF SILENCE The Honorable Arthur S. Warren, Vice Chairman, Board of Supervisors gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Joseph Corbett led the Pledge of Allegiance to the Flag of the United States of America. 15-982 08/26/15 14. 14.A. RESOLUTIONS RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT Ms. Ruth introduced Mr. Joseph Richard Corbett, Mr. Tyler Alexander Zawislak, Mr. Ian Alexander Owens, Mr. Joseph Roosevelt Matthews, Mr. Gabriel Michael Romito, and Mr. Curtis Don Miles, II, who were present to receive their resolutions. On motion of Mr. Gecker, 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. Joseph Richard Corbett, Troop 876, sponsored by Mt. Pisgah United Methodist Church, Mr. Tyler Alexander Zawislak and Mr. Ian Alexander Owens, both of Troop 2806, sponsored by Woodlake United Methodist Church, Mr. Joseph Roosevelt Matthews, Troop 2860, also sponsored by Woodlake United Methodist Church, Mr. Gabriel Michael Romito, Troop 436, sponsored by St. Bridget Catholic Church, and Mr. Curtis Don Miles, II, Troop 100, sponsored by Gillfield Baptist Church, have accomplished those high standards of commitment and have reached the long - sought goal of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for a role as leaders in society, Joe, Tyler, Ian, Joseph, Gabriel and Curtis 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 26th day of August 2015, publicly recognizes Mr. Joseph Richard Corbett, Mr. Tyler Alexander Zawislak, Mr. Ian Alexander Owens, Mr. Joseph Roosevelt Matthews, Mr. Gabriel Michael Romito, and Mr. Curtis Don Miles, II, 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: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-983 08/26/15 9 9 Mr. Elswick, Mr. Gecker and Mr. Warren presented the executed resolutions and patches to each Eagle Scout, accompanied by members of their families, congratulated them on their outstanding achievements and wished them well in future endeavors. Each Eagle Scout provided details of their Eagle Scout project and expressed appreciation to their families and friends for their support. 14.B. RECOGNIZING MR. LEN TUCK FOR HIS SERVICE AS PRESIDENT OF THE BON AIR HISTORICAL SOCIETY Ms. Ruth introduced Mr. Len Tuck, who was present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Mr. Tuck has worked tirelessly over the past decade as the President of the Bon Air Historical Society to preserve and promote good stewardship of the historical, cultural and architectural legacy of Bon Air; and WHEREAS, Mr. Tuck has spearheaded the restoration of the Hazen Memorial Library, the first lending library in Chesterfield County, which was built in 1902, and had fallen into significant disrepair prior to Mr. Tuck's purchase; and WHEREAS, the library project is now almost complete, and Mr. Tuck also has restored the Perrows store building, the Hazen House, built in 1885, and multiple other properties in Bon Air, and he is currently planning restoration of the historic Mercer-Fraker house; and WHEREAS, Mr. Tuck has helped to open many historic homes in Bon Air to the community through home and garden tours, which enabled some of these treasures to be seen by the public for the first time; and WHEREAS, Mr. Tuck and his wife Robin have graciously hosted many social events, including an annual Valentine's Day Tea, and allowed the use of their property for the long- running Bon Air Victorian Day Festival and Parade; and WHEREAS, Mr. Tuck initiated the "Keep Bon Air Beautiful" campaign and has worked with Norfolk Southern Railway to ensure and promote the future beautification of the historic Bon Air depot site; and WHEREAS, Mr. Tuck has set a very high standard for integrity in conducting the business of the Bon Air Historical Society and for the community; and WHEREAS, Mr. Tuck has served with humbleness while keeping Bon Air beautiful and promoting better relationships with the business village and surrounding communities. 15-984 08/26/15 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26th day of August 2015, publicly recognizes the outstanding contributions of Mr. Len Tuck, expresses the gratitude of all Chesterfield County residents for his many years of service, and extends its best wishes for continued success in all of his future endeavors. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Tuck and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Mr. Gecker presented the executed resolution to Mr. Tuck and expressed heartfelt gratitude for his exceptional contributions and many years of service to the Bon Air community. Mr. Tuck sincerely thanked Mr. Gecker for the special recognition and kind sentiments. 15. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS DEFERRALS - CASES WHERE OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT LL ircungiA In Bermuda Magisterial District, Plantation Haven LLC requests conditional use planned development to permit exceptions relative to existing additions to manufactured homes and amendment of zoning district map in Manufactured Home Park (MH -1) and General Business (C-5) Districts on 7.1 acres fronting 350 feet on the west line of Jefferson Davis Highway, 175 feet north of Whitehouse Road, also fronting 620 feet on the north line of Whitehouse Road, 285 feet west of Jefferson Davis Highway. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Mixed use. Tax IDs 799-629-0432 and 1049. Mr. Turner stated Ms. Jaeckle is requesting a deferral to the January 2016 regularly scheduled meeting. The applicant was not present. Mr. Elswick called for public comment. No one came forward to speak to the deferral. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board deferred Case 15SNO618 until the January 2016 regularly scheduled meeting. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-985 08/26/15 PE 9 1SGNn197 In Bermuda Magisterial District, James Queen requests renewal of temporary manufactured home permit (Case 14SN0137) to permit a temporary manufactured home and amendment of zoning district map in a Residential (R-7) District on 2.3 acres known as 15812 Meridian Avenue. Density is approximately .4 unit per acre. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax ID 796-635-1818. Mr. Turner stated Ms. Jaeckle is requesting a deferral to the September 16, 2015 regularly scheduled meeting. The applicant was not present. Mr. Elswick called for public comment. No one came forward to speak to the deferral. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board deferred Case 15SN0167 until September 16, 2015. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15SN0634 In Midlothian Magisterial District, Charter (E & A) LLC requests amendment of conditional use planned development (Cases 94SN0138 & 13SN0509) to permit exceptions to density and residential townhouse standards and amendment of zoning district map in a Community Business (C-3) District on 10.2 acres fronting 700 feet on the west line of Charter Colony Parkway, 850 feet south of Midlothian Turnpike, also fronting 550 feet on the east line of LeGordon Drive, 1115 feet south of Midlothian Turnpike. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Planned Transition Area uses. Tax ID 726 -707 -Part of 3592. Mr. Turner stated Mr. Gecker is requesting a deferral until the September 16, 2015 regularly scheduled meeting. Ms. Adena Patterson accepted the deferral on behalf of the applicant. Mr. Elswick called for public comment. No one came forward to speak to the deferral. On motion of Mr. Gecker, seconded by Mr. Holland, the Board deferred Case 15SN0634 until September 16, 2015. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-986 08/26/15 15RW0231 In Matoaca Magisterial District, Timothy Menninger, requests an exception to Section 19.1-524 of the Chesapeake Bay Preservation Act requirements of the Zoning Ordinance to permit encroachment into the Resource Protection Area (RPA) along the Swift Creek Reservoir as a result of grading and construction of a private in -ground swimming pool. The property is located at 13716 Beechwood Point Road, which is within the Swift Creek drainage basin. Tax ID # 725-679-5088. Mr. Turner presented a summary of Case 15RW0231 and stated staff recommended approval, subject to the conditions. Mr. Timothy Menninger accepted the conditions. Mr. Elswick called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Elswick, seconded by Mr. Holland, the Board approved Case 15RW0231, subject to the following conditions: 1. The mitigation measures outlined in the document titled Water Quality Impact Assessment - 13716 Beechwood Point Road - Midlothian, Virginia, prepared by Timothy and Ashley Menninger; dated May 23, 2015 shall be incorporated and implemented during the plan review process. (EE) 2. The Department of Environmental Engineering may approve alternative mitigation measures if it is determined that such alternatives will not increase impacts to the Resource Protection Area (RPA) or downstream water bodies. (EE) 3. As mitigation for the encroachment the applicant shall maintain erosion and sediment control measures as required by the Department of Environmental Engineering and ensure preservation of the remaining vegetation. (EE) 4. Approval of this exception is for encroachment into the RPA buffer only and does not guarantee development of the site as explicitly proposed in the WQIA referenced in Condition 1 above. Development of the site is subject to all ordinance requirements, review processes, building permits and/or other requirements currently adopted at the time of plans review. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-987 08/26/15 9 9 15SN0653 In Midlothian Magisterial District, Yvette Williams -Patterson requests conditional use to permit a family day-care home and amendment of zoning district map in a Residential (R-7) District on .4 acre known as 2109 Ives Lane. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential use (2.51 to 4.0 dwelling units per acre). Tax ID 763-697-8372. Mr. Turner presented a summary of Case 15SNO653 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Ms. Yvette Williams -Patterson accepted the recommendation. Mr. Elswick 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 Ms. Jaeckle, the Board approved Case 15SNO653 and accepted the following proffered conditions: 1. Non -Transferable Ownership: This conditional use approval shall be granted to and for Yvette Williams - Patterson, exclusively, and shall not be transferable nor run with the land. (P) 2. Expansion of Use: There shall be no exterior additions or alterations to the existing structure to accommodate this use. (P) 3. Signage: There shall be no signs permitted to identify this use. (P) 4. Number of Children: This conditional use approval shall be limited to providing care, protection and guidance to a maximum of 12 children, other than the applicant's own children, at any one time. (P) 5. Hours of Operation: Hours and days of operation shall be limited to Monday through Friday from 7 a.m. to 6 p.m. There shall be no Saturday or Sunday operation of this use. (P) 6. Time Limitation: This conditional use approval shall be granted for a period not to exceed 5 years from the date of approval. (P) 7. Fenced Outdoor Play Areas: Any outdoor play area and/or recreational equipment utilized by the family day-care home shall be located in the side or rear yard of the property. Within 90 days of approval, outdoor play and/or recreational equipment areas shall have perimeter fencing of at least four feet in height, installed around the equipment or play area. Equipment for outdoor play areas shall be located no closer than fifteen (15) feet to the side or rear property lines. (P) 8. Employees: No more than one (1) employee shall be permitted to work on the premises, other than family member employees that live on the premises. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-988 08/26/15 15SN0654 In Midlothian Magisterial District, Rouse Properties, Inc. requests amendment of conditional use (Case 12SN0236) to modify the location of outdoor uses plus a conditional use on 6.7 acres to permit motor vehicle sales and amendment of zoning district map in Neighborhood Business (C-2), Community Business (C-3) and Regional Business (C-4) Districts on 75.2 acres located in the southwest quadrant of Koger Center Boulevard and Mall Drive; also lying on the north line of Midlothian Turnpike, east of Huguenot Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Regional Mixed use. Tax IDs 741-709-1430 and 741-711-0904. Mr. Turner presented a summary of Case 15SN0654 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Brian Wall accepted the recommendation. Mr. Elswick 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 Ms. Jaeckle, the Board approved Case 15SN0654 and accepted the following proffered conditions: The Applicant hereby amends Proffered Condition 1 of Case 12SN0236 to read as follows: 1. The areas designated for continuous outside display of merchandise for sale, commercial outdoor recreational establishments, carnival, motor vehicle sales, concert, festival and movie events shall be limited to the areas shown on Exhibit A, dated June 9, 2015. (P) (Staff Note: Except as amended with this case, all other conditions of Case 12SN0236 shall remain in force and effect.) 2. Motor vehicle sales shall be limited to an outdoor, temporary sales event. Motor vehicle sales shall be limited with the following restrictions: a. These events shall be permitted no more than two (2) times a year. b. Each event shall last a period of no longer than five (5) days. C. The events shall be spaced at a minimum interval of thirty (30) days from the last day of the previously permitted motor vehicle sales event. d. Motor vehicle sales shall coincide with the general business hours of the shopping center. e. No permanent improvements shall be permitted. f. Motor vehicle sales shall not be permitted from November 15th to December 30tH (p) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-989 08/26/15 �J 9 9 15SN0659 In Bermuda Magisterial District, Walthall Self Storage Inc. requests conditional use to permit an electronic message center sign and amendment of zoning district map in General Business (C-5) and General Industrial (I-2) Districts on 22.9 acres known as 14324 Jefferson Davis Highway. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Neighborhood Business and Industrial uses. Tax ID 800-644- 3883. Mr. Turner presented a summary of Case 15SNO659 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered condition. Mr. Kerry Hutcherson accepted the recommendation. Mr. Elswick called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved Case 15SN0659 and accepted the following proffered condition: 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 800-644- 3883("the Property") under consideration will be developed according to the following amended proffers if, and only if, the request submitted herewith is granted with only those conditions agreed to by the Applicant. In the event this request is denied or approved with conditions not agreed to by the owner and Applicant, the proffer shall immediately be null and void and of no further force or effect. We hereby offer the following proffered conditions: 1. In addition to Ordinance requirements any computer - controlled, variable message, electronic sign shall conform to the following standards: a. Copy shall be limited to a maximum of three (3) lines and shall not move but may fade; b. The message or display shall be programmed to change no more than once every thirty (30) seconds; C. Sequential messaging shall be prohibited; d. Flashing and traveling messages shall be prohibited; e. Bijou lighting and animation effects shall be prohibited; 15-990 08/26/15 f. The electronic message center shall be incorporated into the existing freestanding sign; and g. Brightness shall be limited so as not to exceed 0.3 foot candles above ambient light as measured using a foot candle meter at a distance of 50 feet. The sign shall have a photocell that automatically adjusts the brightness according to the ambient light conditions. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15SN0660 In Midlothian Magisterial District, East West Hallsley, LLC requests rezoning from Agricultural (A) to Residential (R-15) and amendment of zoning district map on 56.2 acres lying 3300 feet off the western terminus of Brightwalton Road, west of Farnborough Drive. Residential use of up to 2.90 units per acre is permitted in the Residential (R-15) District. The Comprehensive Plan suggests the property is appropriate for Suburban Residential I use (maximum of 2.0 dwellings per acre). Tax IDs 707 -698 -Part of 7357 and 708 -697 -Part of 2718. Mr. Turner presented a summary of Case 15SN0660 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered condition. He further stated the applicant submitted a revision to Proffered Condition 5 that revises the cash proffer allocation to capital facilities. He stated the applicant has proffered to increase the allocation of the cash proffer payment for the Schools capital facilities to be the full calculated impact. He further stated to facilitate this increase, the applicant would pro -rate a corresponding reduction in the remaining capital facilities categories. Mr. Mincks noted the revision was submitted after public advertisement of the case and the Board must unanimously agree to suspend their procedures in order to consider the revised proffered condition. Mr. Andy Scherzer, representing the applicant, accepted the recommendation. He noted the revision was made in order to provide some encouragement to the community. In response to Mr. Elswick's question, Mr. Turner stated the applicant submitted a revision to Proffered Condition 5. Mr. Elswick called for public comment. Mr. Rodney Martin, Midlothian District resident, voiced his support of the request. He expressed concerns relative to school data based on capacity. There being no one else to speak to the issue, the public hearing was closed. 15-991 08/26/15 9 9 On motion of Mr. Gecker, seconded by Mr. Warren, the Board suspended its rules to allow for consideration of the revised proffered condition. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Mr. Gecker then made a motion, seconded by Ms. Jaeckle, for the Board to approve Case 15SN0660 and accept the following proffered condition, as amended: 5. Cash Proffer. For each dwelling unit, the applicant, sub -divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit for infrastructure improvements within the cash proffer service district for the property, unless state law prevents enforcement of that timing: A. $18,966.00 per dwelling unit for the period beginning the July 1 preceding the Board of Supervisors' approval of the case through July 1 four years later, at which point the amount will be adjusted for the cumulative change in the Marshall and Swift Building Cost Index during that time period. The $18,966 will be allocated pro -rata among the facility costs as follows: $9,648.00 for schools, $911.00 for parks and recreation, $215.00 for library facilities, $7,609.00 for roads, and $583.00 for fire stations. B. Thereafter, the per dwelling unit cash proffer amount shall be automatically adjusted, annually, by the annual change in the Marshall and Swift Building Cost Index on July 1 of each year. C. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. D. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the Property, the amount paid in cash proffers shall be in lieu of or credited toward, but not be in addition to, any impact fees in a manner determined by the County. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15SN0663 In Bermuda Magisterial District, Henry D. Moore requests rezoning from Residential (R-25) to Neighborhood Office (0-1) and amendment of zoning district map on 8.3 acres fronting 430 feet on the east line of Ashton Dell Road, 260 feet south of West Hundred Road; also fronting 250 feet on the south line of West Hundred Road, 440 feet east of Ashton Dell Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential use (1.5 dwellings per acre or less). Tax ID 785 -651 -Part of 1484. 15-992 08/26/15 Mr. Turner presented a summary of Case 15SN0663 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Henry Moore accepted the recommendation. Mr. Elswick called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved Case 15SN0663 and accepted the following proffered conditions: 1. No direct vehicular access shall be provided from the property to West Hundred Road. (T) 2. Permitted uses shall be limited to the following: a) Nursery schools and child or adult day care centers b) Offices c) Church and/or Sunday schools (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. In Midlothian Magisterial District, Jay Hanky requests rezoning from Agricultural (A) to Light Industrial (I-1) plus conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map on 2.7 acres fronting 480 feet on the north line of Midlothian Turnpike, 670 feet west of Old Otterdale Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Commercial District use. Tax IDs 723-709-1226 and 3529. Mr. Turner presented a summary of Case 15SN0666 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Mike Hanky accepted the recommendation. Mr. Elswick 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 Ms. Jaeckle, the Board approved Case 15SN0666 and accepted the following proffered conditions: 1. Master Plan: The Textual Statement last revised June 24, 2015; Exhibit A entitled Concept Plan, prepared by The Bay Companies, Inc. and dated May 4, 2015; and, Exhibit B entitled Midlothian Storage Center, prepared by GMF + Associates and dated June 26, 2015; and, Exhibit C entitled Midlothian Storage Center, prepared by GMF + Associates and dated July 2, 2015 shall be considered the master plan. (P) 15-993 08/26/15 9 91 1E 2. Uses: A. An indoor self -storage warehouse shall be permitted. B. Outside storage shall not be permitted. (P) 3. Site Plan: The site shall be developed as generally depicted on Exhibit A, unless modifications are approved by the Planning Director at the time of site plan approval. ( P ) 4. Internal Access: Access to individual self -storage units shall only be permitted using interior doors. This does not preclude exterior loading areas on the north and eastern elevations consistent with Exhibit A. (P) 5. Architecture and Materials: Any building shall be constructed in compliance with the following: A. Exterior Elevations: Buildings shall have an architectural style and use design elements substantially consistent with the architectural renderings labeled Exhibit B and Exhibit C. B. Building Materials: The exposed portions of the front and side elevations, as depicted on Exhibit B and C, shall be constructed of brick, masonry split -faced block, E.F.I.S. and metal wall panels or equivalent permanent architecturally finished materials, substantially consistent with those shown on the exhibits. (P) 6. Access: Direct vehicular access from the property to Midlothian Turnpike (Route 60) shall be limited to one (1) entrance/exit, generally located towards the eastern 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. (T) 7. Road Improvements: Prior to issuance of any occupancy permit, the following road improvements shall be completed, as determined by the Transportation of Department A. Construction of additional pavement along the westbound lane of Route 60 at the approved access to provide a right turn lane and a pavement taper on the west side of the approved access. The full width of the right turn lane shall extend to the access that serves the adjacent property to the east (GPIN 723-709-6425). The exact length of these improvements shall be approved by the Transportation Department. B. Dedication to and for the benefit of Chesterfield County, free and unrestricted of any additional right of way or easements required for the improvements identified above. In the event the developer is unable to acquire the "off-site" right-of-way that is necessary for the road 15-994 08/26/15 improvements described above, the developer may request, in writing, that the county acquire such right-of-way as a public road improvement. All costs associated with the acquisition of the right- of-way shall be borne by the developer. In the event the county chooses not to assist the developer in acquisition of the "off-site" right- of-way, the developer shall be relieved of the obligation to acquire the "off-site" right-of-way and shall provide the road improvements within available right-of-way, as determined by the Transportation Department. (T) 8. Hours of Operation: Hours of operation shall be limited to between 6:00 a.m. and 10:00 p.m. daily. (P) 9. Burning Ban: The developer shall not use burning to clear or timber the subject property. (EE) 10. Dedication: Prior to any site plan approval or within ninety (90) days of a written request by the Transportation Department, whichever occurs first, right-of-way to accommodate an additional lane of pavement along the westbound lanes of Route 60 for the entire property frontage shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The exact dimensions of the right-of-way shall be approved by the Transportation Department. (T) Textual Statement The maximum permitted height for any building shall be four (4) stories or sixty (60) feet. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 16CW0103 In Bermuda Magisterial District, Colony Village, LLC, requests an exception to Section 19.1-524 of the Chesapeake Bay Preservation Act requirements of the Zoning Ordinance to permit encroachment into the Resource Protection Area (RPA) buffer along an unnamed tributary to Proctors Creek as a result of grading and construction related to parking and associated appurtenances required for Colony Village Phase II. The property is located at 10250 Colony Village Way & 10220 Jefferson Davis Highway, which is within the Proctors Creek drainage basin. Tax ID 794-666 part of 6719 & 794-665 part of 8176. Mr. Turner presented a summary of Case 16CW0103 and stated staff recommended approval, subject to the conditions. Mr. Kerry Hutcherson accepted the recommendation. Mr. Elswick called for public comment. There being no one to speak to the issue, the public hearing was closed. 15-995 08/26/15 9 9 PE On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved Case 16CW0103, subject to the following conditions: 1. The mitigation measures outlined in the document titled Colony Village Apartments Phase II - Major Water Quality Impact Assessment, prepared by Highmark Engineering, LLC last revised August 14, 2015 shall be incorporated and implemented during the plan review process. (EE) 2. The Department of Environmental Engineering may approve alternative mitigation measures if it is determined that such alternatives will not increase impacts to the Resource Protection Area (RPA) or downstream water bodies. (EE) 3. The applicant shall maintain erosion and sediment control measures as required by the Department of Environmental Engineering and ensure preservation of the remaining vegetation. (EE) 4. Approval of this exception is for encroachment into the RPA buffer only and does not guarantee development of the site as explicitly proposed in the WQIA referenced in Condition 1 above. Development of the site is subject to all ordinance requirements, review processes, building permits and/or other requirements currently adopted at the time of plans review. (EE) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15SN0652 In Midlothian Magisterial District, JMS Investments, LLC and J. Mark Sowers request rezoning from Agricultural (A) to Residential (R-25) and to permit an exception to Section 18- 60 of the Utility Ordinance for the required public sewer connection and amendment of zoning district map on 48.7 acres fronting 825 feet on the west line of Huguenot Springs Road, 330 feet south of Dragonnade Trail. Residential use of up to 1.74 units per acre is permitted in the Residential (R-25) District. The Comprehensive Plan suggests the property is appropriate for Corporate Office/Research and Development/ Light Industrial uses. Tax IDs 709 -712 -Part of 8039; 710-713- 3304; 711-712-3380; 711-713-3010; 712-712-2485 and 4599. Mr. Turner presented a summary of Case 15SN0652 and stated the Planning Commission recommends approval of the request because the planned residential use is compatible with existing area development and sewer easements will facilitate future connection to the system. He further stated staff recommends denial of the request because it does not comply with the Comprehensive Plan, a private system will encourage future area development that is inconsistent with the Comprehensive Plan and the extension of a public sewer system to area properties will be adversely impacted. He stated the applicant submitted a modified proffered condition that revises the cash proffer allocation to capital facilities. The applicant has proffered to increase the allocation of the cash proffer payment for the Schools capital facilities to the full calculated impact. He noted a revision to the proffered condition was submitted after public advertisement of the case and the Board must unanimously agree to suspend their procedures in order to consider this revised proffered condition. 15-996 08/26/15 Mr. Andy Scherzer, representing the applicant, stated the single-family residential subdivision being planned is in an unusual geographical position with very strong slopes. He further stated the proposed residential development is compatible with an adjacent existing residential subdivision. He stated the conditions will require the layout of public sewer easements to facilitate a connection when the system is available. Mr. Elswick called for public comment. There being no one to speak to the issue, the public hearing was closed. Mr. Gecker stated he certainly understands why staff has recommended denial of the request; however, he believes placing residential in the proposed location is the right answer. Mr. Gecker then made a motion, seconded by Mr. Warren, for the Board to suspend its rules to allow for consideration of the revised proffered condition. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board approved Case 15SN0652 and accepted the following proffered conditions, as amended: 1. Utilities. This development shall utilize public water. (U) 2. Utility Easements. The record plat shall provide for public sewer easements in locations acceptable to the Department of Utilities to accommodate the future extension of public sewer. (U) 3. Dedication. In conjunction with recordation of the initial subdivision plat or within sixty (60) days from a written request by the Transportation Department, whichever occurs first, forty-five (45) feet of right- of-way along the west side of Huguenot Springs Road, measured from the centerline of that part of Huguenot Springs Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 4. Access. a. Direct vehicular access from the property to Huguenot Springs Road shall be limited to one (1) public road. The exact location of this access shall be approved by the Transportation Department. b. No stub road right of way shall be recorded to the westernmost property line, unless adequate information is provided to the county regarding the potential development of properties further to the west (i.e., properties within Powhatan County) and development of those properties would not result in a violation of the Subdivision Ordinance on the property. (P, FD &T) 15-997 08/26/15 19 19 19 5. Road Improvements. In conjunction with initial development of the property, additional pavement shall be constructed along Huguenot Springs Road at the approved access to provide left and right turn lanes. Any additional right-of-way (or easements) required for these improvements shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 6. Cash Proffers. For each dwelling unit, the applicant, sub -divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit for infrastructure improvements within the cash proffer service district for the property, unless state law prevents enforcement of that timing: a. $18,966 per dwelling unit for the period beginning the July 1 preceding the Board of Supervisors, approval of the case through July 1 four (4) years later, at which point the amount will be adjusted for the cumulate change in the Marshall and Swift Building Cost index during that time period. The $18,966 will be allocated pro -rata among the facility costs as follows: $9,648.00 for schools, $911.00 for parks and recreation, $215.00 for library facilities, $7,609.00 for roads, and $583.00 for fire stations. b. Thereafter, the per dwelling unit cash proffer amount shall be automatically adjusted, annually, by the annual change in the Marshall and Swift Building Cost Index on July 1 of each year. C. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. (BM) 7. Density. The density of this development shall not exceed one (1) dwelling unit per acre. (P) 8. Architectural/Design Elements. a. Sidewalks/Driveways i. Driveways: All portions of driveways and parking areas shall be hardscaped (concrete, asphalt or decorative pavers). ii. Front Walks: A minimum of a four (4) foot wide hardscaped (concrete or decorative pavers) front walk shall be provided to each dwelling unit. b. Landscaping and Yards i. Supplemental Trees: Prior to the issuance of a Certificate of Occupancy for each dwelling unit, a minimum of one (1) flowering tree 15-998 08/26/15 c. shall be planted in each front yard. At the time of planting, these supplemental trees shall have a minimum caliper of 2" measured at breast height (4' 10" above.ground). ii. Front Foundation Planting Beds: Foundation planting is required along the entire front fagade of all units, and shall extend along all sides facing a street. Foundation Planting Beds shall be a minimum of 4' wide from the unit foundation. Planting beds shall be defined with a trenched edge or suitable landscape edging material. Planting beds shall include medium shrubs and may also include spreading groundcovers. Architecture and Materials i. Repetition: Dwellings with the same elevations may not be located adjacent to, directly across from, or diagonally across from each other on the same street. This requirement does not apply to units on different streets backing up to each other. ii. Foundations: The exposed portion of any foundation shall be brick or stone. Synthetic or natural stucco foundations may be permitted for fagades constructed entirely of stucco. Rear walkout basement walls shall be permitted to be sided or cast concrete painted to match house. Exterior Facades: Acceptable siding materials include brick, stone, masonry, stucco, synthetic stucco (E.I.F.S), and horizontal lap siding. Horizontal lap siding may be permitted to be manufactured from natural wood or cement fiber board or may be premium quality vinyl siding. Plywood and metal siding are not permitted. Additional siding requirements: 1. Where a dwelling borders more than one street, all street -facing facades shall be finished in the same materials. 2. Cementitious and vinyl siding is permitted in traditional wide beaded styles only, unless otherwise approved by the Architectural Board for special design conditions. Premium quality vinyl is defined as vinyl siding with a minimum wall thickness of .044". 3. Synthetic Stucco (E.I.F.S.) siding shall be finished in smooth, sand or level texture. Rough textures are not permitted. 15-999 08/26/15 9 MI D 10 d. Roof Material: Roofing material shall be dimensional architectural shingles or better with a minimum 30 year warranty. e. Porches, Stoops and Decks i. Front Porches: All front entry stoops and front porches shall be constructed with continuous masonry foundation wall or on 12"x12" masonry piers. Extended front porches shall be a minimum of five (5)' deep. Space between piers under porches shall be enclosed with framed lattice panels. Handrails and railings shall be finished painted wood or metal railing with vertical pickets or swan balusters. Pickets shall be supported on top and bottom rails that span between columns. Minimum House Size. The minimum gross floor area for each dwelling unit shall be 2,400 square feet. (P) Restrictive Covenants. The following restrictive covenants shall be recorded in conjunction with the recordation of any subdivision plat or prior to any site plan approval, whichever occurs first: (It is important to note that the County will only ensure the recordation of the covenants and will not be responsible for their enforcement.) a. Design Guidelines - A Design Guidelines Manual shall be created and shall include but not be limited to the following development criteria: i. Architectural controls ii. Garage locations iii. Recreational amenities iv. Mailboxes V. Street and External Lighting vi. Street Trees vii. Landscaping viii. Streetscapes ix. Fencing X. Building locations / Yard Requirements Xi. Driveways b. Architectural Board - The Architectural Board shall have exclusive jurisdiction over all original construction, modifications, additions or alterations made on or to all existing improvements, and the open space, if any, appurtenant thereto on all property. It shall prepare and, on behalf of the Board of Directors, shall promulgate application and review procedures, all as part of the design and developmental standards. The Architectural Board shall incorporate the "Design Standards Manual", as described below in its review and approval of all applications submitted. Copies of the "Design 15-1000 08/26/15 Guidelines Manual" shall be available from the Architectural Board for review and use by owners, builders and/or developers. The guidelines and procedures shall be those of the Association, and the Architectural Board shall have sole and full authority to prepare and to amend the standards available to owners, builders, and developers only under extreme circumstances or hardships. Such circumstances or hardships shall be clearly demonstrated to be considered for amendment. The Architectural Board shall initially consist of three (3) members, all appointed by the Declarant. At such time as one hundred percent (1006) of all property has been developed, improved, and conveyed to purchasers in the normal course of development and sale, the Board of Directors shall appoint all members of the Architectural Board. At no time shall the Architectural Board have fewer than three members nor more than five (5) members. The Declarant may, at his option, delegate to the Board of Directors its right to appoint one or more members of the Architectural Board. At all times, at least one (1) member of the Architectural Board shall be a member of the Association. It is intended for the Architectural Board to maintain the character and integrity of the development. c. Signs - No signs shall be erected or maintained on any residential property by anyone including, but not limited to, the owner, a contractor, or a subcontractor, except as provided for in the "Development Guidelines Manual" or except as may be required by legal proceedings. Residential property identification and like signs not exceeding a combined total of more than one (1) square foot may be erected without the written permission of the Declarant or the Association. Realtor signs "For Sale" may be erected and are subject to review of the Declarant or Architectural Board. d. Condition of Ground - It shall be the responsibility of each property owner and tenant to prevent the development of any unclean, unsightly, or unkempt conditions of buildings or grounds on his lot. All improvements on each lot shall be kept in good repair, and where necessary, painted in a regular basis. No portion of the property shall be used or maintained as a dumping ground for rubbish. Outdoor burning of leaves, trash, or other debris shall not be permitted. All trash, garbage, and other waste shall be kept in sanitary containers, which shall be surrounded by a wood or vinyl screen with such screening to be approved by the ARC, or otherwise out of sight from the street. e. Residential Use - All lots shall residential purposes exclusively. portion of a dwelling on a lot as ar owner or tenants thereof shall be 15-1001 be used for The use of a 1 office by the considered a 08/26/15 PE 9 residential use if such use does not create customer or client traffic to and from the lot. No structure, except as herein after provided, shall be erected, altered, placed, or permitted to remain on any lot other than one (1) detached single family dwelling and one (1) accessory building which may include a detached private garage, provided the use of such accessory building does not overcrowd the side and provided further that such building is not used for any activity normally conducted as business. Such accessory building may not be constructed prior to the construction of the main building and approved by the Board. i. The provisions of this paragraph shall not prohibit the Developer from using a house as a model as provided in this Declaration. f. Enforcement - The Board of Directors reserves the right to correct any situation, on any lot that violates the deed restrictions herein. The Board shall provide written notice to the owner in violation a minimum of thirty (30) days prior to any action to be taken by the Board. The Board shall have the right to correct the violation and collect reimbursement from the owner of the lot requiring action. If payment is not made or arranged for within thirty (30) days of the Boards request, the Board reserves the right to place a lien on said property or take any appropriate legal action necessary. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15SNn655 In Matoaca Magisterial District, Dana M. Phinney requests conditional use to permit a group care facility incidental to a dwelling and amendment of zoning district map in an Agricultural (A) District on 2.5 acres known as 9201 Winterpock Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential I use (maximum of 2.0 dwellings per acre). Tax ID 722-663- 7221. Mr. Turner presented a summary of Case 15SN0655 and stated the Planning Commission recommended approval of the request because the use is compatible with existing development and conditions will minimize impacts on adjacent properties. He further stated staff recommended denial of the request because it does not comply with the Comprehensive Plan, the use is not compatible with existing and anticipated development and may set a precedent for future similar requests. Ms. Dana M. Phinney accepted the recommendation. Mr. Elswick called for public comment. 15-1002 08/26/15 There being no one to speak to the issue, the public hearing was closed. Mr. Elswick expressed his appreciation to the applicant for offering to care for senior citizens in her home. Mr. Elswick then made a motion, seconded by Mr. Warren, for the Board to approve Case 15SN0655 and accept the proffered conditions. Ms. Jaeckle recommended having staff review the zoning ordinance relative to criteria for adult day care homes in residential areas. Mr. Holland concurred with Ms. Jaeckle's request and stressed the importance of accommodating senior citizens. Mr. Elswick called for a vote on his motion, seconded by Mr. Warren, for the Board to approve Case 15SN0655 and accept the following proffered conditions: 1. Non -Transferable Ownership: This conditional use approval shall be granted to and for Dana Phinney, exclusively, and shall not be transferable nor run with the land. (P) 2. Group Care Facility Residents: This conditional use approval shall be limited to providing group care services to a maximum of three ( 3 ) adults who reside on the premises. Any resident receiving group care services on the subject property shall be a minimum of sixty-two (62) years of age. (P) 3. Expansion of Use: There shall be no exterior additions or alterations to the existing structure to accommodate this use, except alterations to meet Americans with Disabilities Act (ADA), building code requirements, or regulatory requirements pertaining to the operation of a group care facility and the residents receiving group care in the dwelling. (P) 4. Signage: One (1) sign shall be permitted to identify the group care facility use. The sign shall not exceed four (4) square feet in area and three (3) feet in height. The sign shall not be illuminated. (P) 5. Time Limitation: This conditional use approval shall be granted for a period not to exceed three (3) years from the date of approval. (P) G. Employees: No more than one (1) employee shall be permitted to work on the premises, other than family member employees that live on the premises. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1003 08/26/15 9 15SN0664 In Midlothian Magisterial District, Lee M. Singleton requests conditional use to permit a contractor's shop and storage yard (tree service business) and amendment of zoning district map in an Agricultural (A) District on 2.9 acres known as 901 Ruthers Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential use (2.51 to 4.0 dwellings units per acre). Tax ID 761-702-9265. Mr. Turner presented a summary of Case 15SN0664 and stated the Planning Commission recommended approval of the request because the conditions will minimize impacts on adjacent properties. He further stated staff recommended denial of the request because the request does not comply with the Comprehensive Plan and the use represents commercial encroachment within a residential neighborhood. Mr. Lee M. Singleton accepted the recommendation. In response to Mr. Decker's question, Mr. Singleton stated he will be moving his service business once an appropriate location becomes available. Mr. Elswick called for public comment. There being no one to speak to the issue, the public hearing was closed. Mr. Gecker stated given the one-year limitation to allow an established business to move, the request is appropriate. Mr. Gecker then made a motion, seconded by Ms. Jaeckle, for the Board to approve Case 15SN0664 and accept the following proffered conditions: 1. Non -Transferable Ownership: This Conditional Use approval shall be granted exclusively to Lee Singleton, and shall not be transferable with the land. (P) 2. Use: This Conditional Use approval shall be for the operation of a contractor's office and storage yard (tree service business). (P) 3. Time Limitation: This Conditional Use approval shall be granted for a period not to exceed one (1) year from the date of approval. (P) 4. Equipment Storage: As a part of this business, the following equipment may be stored on the property: A. Five (5) service trucks B. One (1) trailer C. Two (2) tractors No other equipment or materials may be stored on the property for this use. (P) 5. Location of Use: The use shall be confined to the existing dwelling, accessory buildings and the storage areas noted on Exhibit A, dated June 10, 2015. (P) 15-1004 08/26/15 6. Screening: A privacy fence, as shown on Exhibit A, shall be installed within ninety (90) days of approval. The fence shall be a minimum of six (6) feet tall, located within the side yard of the contractor's office, and be constructed as a wooden board -on -board fence. (P) 7. Employees and Clients: No more than seven (7) employees shall be permitted to work on the premises. No clients shall be permitted on the property. (P) 8. Signage: There shall be no signs identifying this use. (P) 9. Hours of Operation: The contractor's office and storage yard (tree service business), to include the movement of equipment, shall be limited to Monday through Friday from 7:30 a.m. to 5:00 p.m. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 14SNO559 (AMENDED) In Bermuda Magisterial District, Carrie E. Coyner, Trustee requests conditional use to permit mining operations on 50 acres plus conditional use planned development for an exception to bonding requirements and amendment of zoning district map on a 348.7 acre tract zoned General Industrial (I-2) located in the northeast corner of Ashton Park Drive and Ruffin Mill Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Industrial use. Tax ID 813 -639 -Part of 2566 and 815-639-1193. Ms. Darla Orr presented a summary of Case 14SNO559 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Kerry Hutcherson, representing the applicant, accepted the recommendation. He stated the developer plans to mine the proposed area that would eventually serve as a marina for mixed-use development. He clarified misinformation relative to the use and stated industrial uses are consistent with the Comprehensive Plan; traffic on Ruffin Mill Road is an existing issue and the site plan review process would address issues raised regarding RPA protection and operational plans. To address concerns of area citizens, he stated conditions limit hours of operation on weekdays, with no Sunday operation permitted and prohibits the use of explosives in any blasting/mining operations to excavate, break down or remove product from the property. Mr. Elswick called for public comment. There being no one to speak to the issue, the public hearing was closed. Ms. Jaeckle stated the applicant and Planning staff worked very hard to address citizen concerns relative to the case. 15-1005 08/26/15 PE 9 9 Ms. Jaeckle then made a motion, seconded by Mr. Warren, for the Board to approve Case 14SNO559 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 properties known as Chesterfield County Tax Identification Number 813-639-2566 and 815-639-1193 ("the Property") under consideration will be developed according to the following proffers if, and only if, the request submitted herewith is granted with only those conditions agreed to by the Applicant. In the event this request is denied or approved with conditions not agreed to by the owner and Applicant, the proffer shall immediately be null and void and of no further force or effect. 1. Transportation of Product. There shall be no transporting or delivery of any product excavated from this site to any property in Chesterfield County unless a land disturbance permit has been issued for such property. This provision shall not apply when product excavated from this site is transported to a permitted operational industrial facility where such product is a component of the manufacturing process/product. (EE) 2. Resource Protection Area. Prior to issuance of site plan approval, the developer shall obtain approval from the Environmental Engineering Department of a Resource Protection Area Determination (RPAD) and shall permit the County to inspect the property to confirm that the RPA has been properly cordoned off to avoid disturbance of the RPA by the mining activities, as determined by the Environmental Engineering Department. (EE) 3. County Access. The County shall have the authority to enter the property to monitor on-site activities as permitted by the property owner and as allowed by law. (EE) 4. Permitting. Prior to issuance of site plan approval, the developer shall provide a copy of the plan and permit approved by the Department of Mines and Minerals for the mining operations. (EE) 5. Traffic Control Signage. Prior to commencing any mining operations, the developer shall install signage to prohibit truck traffic on northbound Ruffin Mill Road. The exact location, quantity and design of the signage shall be approved by the Transportation Department and Virginia Department of Transportation, if applicable. The developer shall maintain the signage until all mining operations on the property have ceased. (T) 15-1006 08/26/15 6. Hours of Operation. The hours of operation shall be limited to Monday through Friday from 7 a.m. to 6 p.m., and Saturdays from 8 a.m. to 5 p.m. No Sunday operation shall be permitted. (P) 7. Textual Statement. The textual statement dated March 18, 2014 shall be considered the master document for the requested exception to Ordinance requirements. (P) 8. Protection of Waterways and Wetlands. Prior to the issuance of site plan approval, the developer shall provide a copy of the Army Corps of Engineers and Department of Environmental Quality documentation necessary for the release of their respective permits. There shall be no mining in any areas identified as Wetlands. (EE) 9. Land Disturbance. No land disturbing activities pertaining to this conditional use shall be performed on the property unless and until the Department of Mines and Minerals permit has been issued on the property. (EE) 10. Blasting Restriction. The use of explosives shall not be permitted in any blasting/mining operations to excavate, break down or remove product from the property. (EE) 11. Time Limit. This Conditional Use shall be granted for a period of ten (10) years from the date the site plan is approved by the County. (P) 12. Use Limitation. This conditional use shall be granted to and for operation by Goodrich River Trust or by George P. Emerson Jr. or any business entity for which he is a controlling member. This conditional use shall not be transferrable or run with the land. (P) 13. Maximum Area. Mining shall be permitted on a maximum of fifty (50) acres within the limits of the area identified as "Mining Area" on Exhibit A, prepared by Highmark Engineering and dated July 11, 2014. For the purposes of this condition, mining shall be defined as the breaking or disturbing of the surface soil or rock in order to facilitate or accomplish the extraction or removal of minerals. (P) 14SN0559 TEXTUAL STATEMENT Carrie E. Coyner Trustee March 18, 2014 Re: Zoning Application for Carrie E. Coyner Trustee to request a Conditional Use Planned Development to request exceptions to ordinance standards relative to use 15-1007 08/26/15 9 F! 9 restrictions on Chesterfield County Tax Identification Number 813-639-2566 as set forth hereinbelow. 1. The director of planning shall determine that the site plan and the plan of operations adequately address the requirements for the restoration of the land to a safe, stable and usable condition. Bonding for any or all restoration measures required by the site plan and plan of operations that is provided to the Department of Mines and Minerals (DMME) shall allow the director of planning to waive the requirement for a separate surety to the county for those measures covered under the bond to the DMME. Surety for any restoration measures not covered by bonding to DMME shall be provided to the county prior to site plan approval. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15SN0665 In Dale Magisterial District, request of Henry E. Myers, Jr. for rezoning from Agricultural (A) to Community Business (C- 3) and amendment of zoning district map on .8 acre located in the northeast corner of Iron Bridge Road and Frith Lane. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Corporate Office use. Tax ID 769 -663 -Part of 9114. Mr. Ryan Ramsey presented a summary of Case 15SN0665 and stated a commercial development is planned for the request property as well as the remainder of the parent parcel that is located to the north which is owned by the applicant and zoned Community Business (C-3). He further stated both the Planning Commission and staff recommended denial of the request because it does not comply with the Comprehensive Plan; does not address possible impacts of use on area development; and is incompatible with area office and residential development. Mr. Henry Myers stated he purchased the property sixty years ago and had it zoned to A and B-2 close to fifty years ago. He further stated he has elected to pursue rezoning independent of the remainder of the parent parcel. He stated the parcel needs to be rezoned to permit Neighborhood Business uses. Mr. Elswick called for public comment. Mr. Ben Myers, son of Henry Myers and part owner of the subject property, voiced his approval of the rezoning request. He stated the proposed use compliments what is already zoned for the parent property. He further stated architectural standards will be maintained within the colonial corridor. There being no one else to speak to the issue,. the public hearing was closed. 15-1008 08/26/15 Mr. Holland stressed the importance of continuing to improve the proposed area of the Dale District, central to the county's government complex. He stated the Dale District is blessed with outstanding facilities and the very best architectural standards. He expressed concerns relative to existing vacancies for retail property along Route 10. He stated he cannot support the case as presented this evening; however, he stated he is willing to work with the applicant to generate the best use for the property. He then recommended deferring the case for 60 days. Mr. Henry Myers requested the opinions of other Board members in order to reach a decent conclusion. He noted he would not develop the property in any way that would be detrimental to the county. Mr. Holland stressed the importance of leaving a legacy for future generations for the best use of the proposed area. Mr. Holland then made a motion, seconded by Mr. Warren, for the Board to defer Case 15SN0665 until October 28, 2015. Mr. Warren pledged to work with Mr. Holland and stated the applicant deserves a use that will be compatible to the area. In response to Ms. Jaeckle's question, Mr. Ramsey stated commitments to provide mitigating road improvements for the anticipated traffic impact have not been offered by the applicant. In response to Mr. Gecker's question, Mr. Ramsey stated the Comprehensive Plan suggests Corporate Office uses are adequate for the request property. In response to Mr. Gecker's questions, Mr. Turner stated the proposed zoning is too intense for the location. He further stated Planning staff is willing to work with the Myers family to give them uses on the property that will be more intense for office use; however, proffered conditions would be needed in order to address possible adverse impacts on area properties. He stated the applicant believes he would be able to develop a gasoline station on an adjacent portion of the property currently zoned commercial and that would comply with the county ordinance. Mr. Gecker stated he believes the 60 -day deferral would be a valuable time for the applicant and staff to work through the process in order to come up with some solutions. Ms. Jaeckle stated there is a lot of old zoning along the Jefferson Davis Highway, and usually applicants proffer out some of the undesirable uses that would not be appropriate in those locations today. Mr. Gecker stated it would be difficult to zone the proposed property to allow a gas station to be developed. Mr. Ben Myers clarified a gas station would not be developed on the request property. He stated the intention is to expand the location for other reasons. In regards to transportation and environmental concerns, he stated a site plan has already addressed those impacts. 15-1009 08/26/15 9 9 9 Mr. Mincks noted rezoning of the parent parcel in conjunction to the proposed request would need to be remanded back to the Planning Commission. Ms. Jaeckle inquired whether a remand back to the Planning Commission would be a better option for the applicant. In response to Ms. Jaeckle's inquiry, Mr. Holland stated the applicant is concerned with the amount of time a remand would require. He noted the applicant prefers a deferral. Mr. Elswick stated the will of the Board is for staff to work diligently with the applicant to determine an appropriate use of the property. Mr. Elswick then called for the vote on Mr. Holland's motion, seconded by Mr. Warren, for the Board to defer Case 15SNO665 until October 28, 2015. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 17. PUBLIC HEARINGS 17.A. TO CONSIDER AMENDMENTS TO THE COUNTY CODE TO REPLACE REFERENCES TO CHAPTER 19 WITH REFERENCES TO CHAPTER 19.1 Mr. Mincks stated this date and time has been advertised for the Board to consider amendments to the County Code to replace references to Chapter 19 (old zoning ordinance) with references to Chapter 19.1 (new zoning ordinance). Mr. Elswick 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. 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 4-11, 4-13, 4-21, 5-7.4, 6-41.1, 8.1, 8-3, 8-6, 8-25, 13-62, 14-32, 15-122.1, 15-122.7, 15-122.9, 15-124, 18-60, and 18-61 RELATING TO CHAPTER 19 and CHAPTER 19.1 BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 4-11, 4-13, 4-21, 5-7.4, 6-41.1, 8.1, 8-3, 8-6, 8-25, 13-62, 14-32, 15-122.1, 15-122.7, 15-122.9, 15- 124, 18-60, and 18-61 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted, to read as follows: 15-1010 08/26/15 Chapter 4 ANIMALS AND POULTRY e Sec. 4-11. Definitions. For the purposes of this article, these words and phrases shall have the following meanings: MM Pig or pigs: Swine of all ages and types except Vietnamese pot-bellied pigs kept as household pets in compliance with chapter 19.1. MM Sec. 4-13. Article supplementary to zoning ordinance. The provisions of this article are supplementary to the provisions of chapter 19.1. Me• Sec. 4-21. - Definitions. Kennel: An enclosure in compliance with chapter 19.1 in which four or more dogs, four months or older, are kept and from which they cannot escape. 000 Chapter 5 BUILDINGS 000 Sec. 5-7.4. Same—Procedures for declaring blight; notification of owner, public hearings. RIM (e) The planning commission shall determine whether: (1) The property is blighted; (2) The owner has failed to cure the blight or present a reasonable plan to do so; (3) The plan for the repair or other disposition of the property is in accordance with the county's comprehensive plan, zoning ordinance, and other applicable land use regulations; 15-1011 08/26/15 W, 91 91 (4) The property is located within an area listed on the National Register of Historic Places or, pursuant to chapter 19.1 of this Code, is located within an historic district or is a designated landmark. In such instances, the planning commission shall consult with the preservation committee regarding the proposed repair or other disposition of the property; and (5) If the property is to be acquired, whether the property is occupied for personal residential purposes and whether it has been condemned for human habitation for more than one year. 000 Chapter 6 BUSINESS LICENCES 41 Sec. 6-41.1. - Adult business operator. Every person operating an adult business as defined in chapter 19.1 shall pay a license tax of $100.00, which shall be in addition to any other taxes or fees required for the sale of food and drinks or the provision of services. ME Chapter 8 STORMWATER MANAGEMENT 000 Sec. 8-1. - Purpose and authority. (a) The purpose of this chapter is to ensure the general health, safety, and welfare of the citizens of the county and protect the quality and quantity of state waters from the potential harm of unmanaged stormwater, including protection from land disturbing activity causing unreasonable degradation of properties, water quality, stream channels, and other natural resources, and to establish procedures whereby stormwater requirements related to water quality and quantity shall be administered and enforced. (b) This chapter is intended to facilitate integration of the county's stormwater management requirements with the county's regulations relating to erosion and sediment control (article II) illicit discharges to the stormwater sewer system (article III), and the Chesapeake Bay Preservation Act requirements (chapter 19.1, article V, division 2). (c) This article is adopted pursuant to Code of Virginia, § 62.1-44.15:27. MM 15-1012 08/26/15 Sec. 8-3. - Stormwater permit requirement; exemptions. (a) Except as provided herein, no person may engage in any land -disturbing activity until a VSMP authority permit has been issued by the environmental engineer in accordance with the provisions of this chapter. (b) A Chesapeake Bay Preservation Act Land -Disturbing Activity is not subject to general permit coverage, however it shall be subject to an erosion and sediment control plan consistent with the requirements of article II and, if applicable, a stormwater management plan as outlined under section 8-6, the technical criteria and administrative requirements for land -disturbing activities outlined in section 8-9, and the requirements for control measures long-term maintenance outlined under section 8-10. Additional requirements relating to the Chesapeake Bay Preservation Act can be found in chapter 19.1 (zoning). Iwe Sec. 8-6. - Stormwater management plan; contents of plan. (a) The stormwater management plan, required in section 8-4, must apply the stormwater management technical criteria set forth in section 8-9 to the entire land disturbance activity. Individual lots in new residential, commercial, or industrial developments shall not be considered to be separate land -disturbing activities. The stormwater management plan must also consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to surface runoff. The stormwater management plan shall include the following information: (1) Information on the type and location of Stormwater discharges; information on the features to which stormwater is being discharged including surface waters and the predevelopment and post -development drainage areas; (2) Contact information including the name, address, email and telephone number of the owner and the tax reference number and parcel number of the property or properties affected; (3) A narrative, included with the construction plans submitted for review and approval in accordance with chapters 17 and 19.1, that includes a description of current site conditions and final site conditions; HOM Sec. 8-25. - Responsibility for the erosion and sediment control plan. The owner shall be responsible for preparing, submitting and implementing the erosion and sediment control plan. The owner shall also be responsible for the following: 15-1013 08/26/15 9 9 19 (a) Engaging the services of a responsible land disturber as defined in this chapter; (b) Maintaining all measures required by the erosion and sediment control plan; (c) Removing erosion and sediment control measures after the environmental engineer determines that the land is stabilized; (d) Removing all sediment from sediment basins that are to be converted to permanent best management practice facilities as required by the environmental engineer; and (e) All sediment basins constructed in conjunction with single family subdivisions or sections thereof that drain to the Swift Creek Reservoir must remain in place and fully stabilized until such time as compliance with subsection 19.1-541.4 has been achieved. (f) The restoration or repair of properties and/or waters that have been adversely affected by the transport of sediment from the project site which is deemed necessary by the environmental engineer. 000 Chapter 13 MOTOR VEHICLES AND TRAFFIC inn Sec. 13-62. - Restriction on keeping inoperable motor vehicles; removal of such vehicles. (a) It shall be unlawful for any person, firm or corporation to keep, except within a fully enclosed building or otherwise shielded or screened from view, on any property zoned A, R, R-TH, R -MF, O and C, as those zoning classifications are defined in chapter 19.1, any motor vehicle, trailer or semitrailer, as such are defined in Code of Virginia, § 46.2-100, as amended, which is inoperable. As used in this section "shielded or screened from view" means not visible by someone standing at ground level from outside of the property on which the subject vehicle is located. (b) Notwithstanding subsection (a) above, not more than one motor vehicle, trailer or semitrailer, as such are defined in Code of Virginia, § 46.2-100, as amended, which is inoperable may be kept outside of a fully enclosed building, provided it is shielded or screened from view by covers, on any property zoned A, R, R-TH, R -MF, MH -1, MH -2, O and C, as defined in chapter 19.1, if the vehicle is kept in the rear yard of the property. The rear yard shall be the yard extending between the rear line of the lot and the nearest line of the rear of the main building on the lot. 15-1014 08/26/15 (c) The owners of property zoned A, R, R-TH, R -MF, MH -1, MH - 2, O and C, as defilied in chapter 19.1, shall remove from their property any inoperable motor vehicles, trailers or semitrailers which are in violation of this section, within ten days after being given notice by the county to remove such inoperable motor vehicles, trailers or semitrailers. Notice to remove shall be deemed given when mailed by certified mail, return receipt requested, to the same address to which real estate tax bills are mailed to such owners of property. If the owners of the property do not remove the inoperable motor vehicles, trailers or semitrailers from the property within ten days after being given notice to do so by the county, then the county, its agent or employees may remove the inoperable motor vehicles, trailers or semitrailers from the property. After giving an additional ten days' notice to the owners of the vehicles, the county may dispose of such motor vehicles, trailers or semitrailers. Notice of disposal of such motor vehicles, trailers or semitrailers is given when mailed by certified mail, return receipt requested, to the last known address of the owner of the inoperable motor vehicles, trailers or semitrailers. Notwithstanding the other provisions of this section, if the owner of such vehicle can demonstrate that he is actively restoring or repairing the vehicle, and if it is shielded or screened from view, the vehicle and one additional inoperable motor vehicle being used for restoration or repair may remain on the property. 000 Chapter 14 OFFENSES - MISCELLANEOUS 000 Sec. 14-32. - Operation of hotel or motel; prohibited conduct. (a) For the purpose of this section, the terms "hotel" and "motel" are defined as provided in chapter 19.1 of this Code. The term "obscene" means that which, considered as a whole, has as its dominant theme or purpose an appeal to the prurient interest in sex, such as a shameful or morbid interest in nudity, sexual conduct, sexual excitement, excretory functions or products or sadomasochistic abuse, and which goes beyond customary limits of candor in description or representation of such matters and which, taken as a whole, does not have serious literary, artistic, political or scientific value. 000 15-1015 08/26/15 9 9 P.1� Chapter 15 REGULATED OCCUPATIONS AND SERVICES NN$ Sec. 15-122.1. - Adult business permits required from chief of police—Application. (a) Every person desiring a business license to operate an adult business, as defined in chapter 19.1, shall first apply to the chief of police, or his designee, for a permit to conduct such activity. Each such application shall be accompanied by a fee in the amount of $62.00. The permit shall be valid for a period of 12 months and may be renewed subject to the same requirements as the initial permit. (b) Information required on the permit application shall include, but not be limited to, the following: Res (9) A description of the intended business activity and, if adult entertainment as defined in chapter 19.1 is to be provided, a description of such entertainment. MW Sec. 15-122.7. - Regulations pertaining to adult businesses providing adult entertainment. (a) For purposes of this section, "adult entertainment" is defined as dancing, modeling or other live entertainment if the performers' performance is characterized by an emphasis on "specified anatomical areas" or "specified sexual activities" as defined in chapter 19.1, or is intended for the sexual stimulation or titillation of patrons. Ami Sec. 15-122.9. - Regulations pertaining to all adult businesses. (a) Sexually explicit material shall not be displayed in the windows of adult businesses. Further, adult merchandise as defined in chapter 19.1 shall not be visible from any point outside the establishment. Is Sec. 15-124. - Regulations applying to adult businesses and non -adult businesses. Businesses that offer after May 29, 2002 that portion of adult merchandise, as defined in chapter 19.1, which is intended for the sexual stimulation or titillation of patrons for sale or rent shall not permit entry to persons under age 15-1016 08/26/15 18 or must segregate the adult merchandise from the other merchandise and structure the display of the adult merchandise to prevent examination, perusal, or viewing of such merchandise by juveniles. 000 Chapter 18 WATER AND SEWERS 000 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 19.1 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 two 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; b) Located within a lot subdivision recorded with requirement for connection; c) Located within a lot subdivision which is located in the area shown as "required" on the residential public water connection area on the GIS map that receives after March 12, 2014 either: (i) Preliminary plat approval or (ii) Final plat approval where there are 50 or fewer lots and the subdivider has chosen not to submit a preliminary plat; or d) Located in a multifamily development. •SII 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. 15-1017 08/26/15 9 9 9 2. The director of planning shall process the application and provide notice as outlined for zoning approval in chapter 19.1. 3. In conjunction with the director of utilities, the director of planning shall review the application 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 000 (2) That this ordinance shall become effective immediately upon adoption. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 17.B. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATING TO SMALL CELL TECHNOLOGY Mr. Robert Clay stated this date and time has been advertised for the Board to consider amendments to the County Code relating to small cell technology. He further stated small cell technology works in tandem with the existing wireless infrastructure to improve coverage in high -traffic areas and to increase capacity. He stated currently, small cell units are not specifically addressed in the Zoning Ordinance and, as such, are regulated as communications towers. He further stated the proposed amendment would define and permit small cells as a restricted use in all zoning districts, subject to substantial accord determination. He noted should any of these restrictions not be met, conditional use approval would be required. Mr. Elswick called for public comment. Ms. Lori Schweller, representing Verizon Wireless, expressed appreciation to the Planning Commission and staff for their efforts relative to the zoning amendment. She suggested that communications small cell be treated differently from a communications tower due to the fee structure. There being no one else to speak to the issue, the public hearing was closed. Mr. Gecker made a motion to adopt amendments to the County Code relating to small cell technology. In response to Mr. Gecker's question, Mr. Clay stated the fee issue did not come up at the Planning Commission meeting, but afterwards. 15-1018 08/26/15 In response to Mr. Holland's question, Mr. Clay stated the fee is $7,500 as opposed to $1,400. Ms. Jaeckle and Mr. Elswick recommended reviewing the fee schedule. Mr. Turner stated staff would review the fee schedule regarding potential fee change for small cell communications vs. communication towers. Mr. Elswick called for a vote on the motion of Mr. Gecker, seconded by Mr. Warren, for the Board to adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19.1-52, 19.1-53, and 19.1-570 OF THE ZONING ORDINANCE RELATING TO REQUIREMENTS FOR COMMUNICATION SMALL CELLS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19.1-52, 19.1-53 and 19.1-570 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: 15-1019 08/26/15 P,r P -P -ranted by RightRend RS -Per dtrrdwit4Re.fti,d r A=A--ry C-Co�ddanelthe 5=SPerlel Pacepaoa M- hlrnulermredHome Permit Toning Districts Use R-0 R -C R-TH R -MF MH -1 MH -2 MH4 A 0-1 0-2 C-1 C-2 C-3. C4 C -s 1.1 I-2 I tin 88 Corrununication Conurrunicarion equipment C R(2) P P P main acturin Conununicarion oflce C P P P P P P P Comnuin%caion small cell R R R R R R R R R R R R R R R R R Communication studio and station C P P P P P P P Camnan%Gallop tower R R R R R R R R R j R R R R R R R R 15-1019 08/26/15 P,r M 1. R-88, R-40, R-25, R-15, R-12, R-9, R-7, R -C Districts R-TH District MH -1, MH -2, MH -3 Districts OPTION 1 -Architecturally incorporated a. Antenna is architecturally incorporated into the design of a building on property used primarily for nonresidential purposes such as, but not limited to, churches or schools; b. Mechanical equipment associated with the antenna is screened in accordance with Section 19.1-317.D.1; and c. At such time that the small cell ceases to be used for communications purposes for 3 consecutive months, the antenna and all associated equipment are removed from the property. OPTION 2- Pole Mounted a. Antenna is mounted on a pole having a minimum height of 20 feet which supports an athletic field light, parking lot light, street light or utility line; b. Antenna does not exceed a height of 10 feet above the height of the pole; c. Antenna does not protrude more than 2 feet from the pole; d. A maximum of 1 antenna is located on the pole; e. Antenna does not exceed a diameter of 16 inches; f. The visual impact of the antenna and mounting equipment is minimized through the use of, but not limited to, color, material or design, as determined by the planning department; g. Pole -mounted mechanical equipment cabinet does not exceed seven (7) cubic feet in size; h. Ground -mounted mechanical equipment associated with the antenna shall be screened in accordance with Section 19.1-317.D.1; and i. At such time that the small cell ceases to be used for communications purposes for 3 consecutive months, the antenna and all associated equipment are removed from the property. 15-1020 08/26/15 2. R -MF District: OPTION 1 -Architecturally incorporated a. Antenna is either architecturally incorporated into the design of a multifamily building of 2 or more stories, or a building on property used primarily for nonresidential purposes such as, but not limited to, churches or schools; b. Mechanical equipment associated with the antenna is screened in accordance with Section 19.1-317.13.1; and c. At such time that the small cell ceases to be used for communications purposes for 3 consecutive months, the antenna and all associated equipment are removed from the property. OPTION 2 -Pole -Mounted a. Antenna is mounted on a pole having a minimum height of 20 feet which supports an athletic field light, parking lot light, street light or utility line; b. Antenna does not exceed a height of 10 feet above the height of the pole; c. Antenna does not protrude more than 2 feet from the pole; d. A maximum of 1 antenna is located on the pole; e. Antenna does not exceed a diameter of 16 inches; f. The visual impact of antenna and mounting equipment is minimized through the use of, but not limited to, color, material or design, as determined by the planning department; g. Pole -mounted equipment cabinet does not exceed seven (7) cubic feet in size: h. Ground -mounted mechanical equipment associated with the antenna shall be screened in accordance with Section 19.1-317.D.1; and i. At such time that the small cell ceases to be used for communications purposes for 3 consecutive months, the antenna and all associated equipment are removed from the property. 3. A District: OPTION 1 -Architecturally incorporated a. Antenna is architecturally incorporated into the design of a building on property used primarily for nonresidential purposes such as, but not limited to, silos, churches or schools; b. Mechanical equipment associated with the antenna is screened in accordance with Section 19.1-317.D.1; and c. At such time that the small cell ceases to be used for communications purposes for 3 consecutive months, the antenna and all associated equipment are removed from the property. 15-1021 08/26/15 9 9 R OPTION 2 -Pole -Mounted a. Antenna is mounted on a pole having a minimum height of 20 feet which supports an athletic field light, parking lot light, street light or utility line; b. Antenna does not exceed a height of 10 feet above the height of the pole; c. Antenna does not protrude more than 2 feet from the pole; d. A maximum of 1 antenna is located on the pole; e. Antenna does not exceed a diameter of 16 inches; f. The visual impact of antenna and mounting equipment is minimized through the use of, but not limited to, color, material or design, as determined by the planning department; g. Pole -mounted equipment cabinet does not exceed seven (7) cubic feet in size: h. Ground -mounted mechanical equipment associated with the antenna shall be screened in accordance with Section 19.1-317.D.1; and i. At such time that the small cell ceases to be used for communications purposes for 3 consecutive months, the antenna and all associated equipment are removed from the property. 4. 0-1, 0-2 Districts C-1, C-2, C-3, C-4, C-5 Districts I-1 District: OPTION 1 -Architecturally incorporated a. Antenna is architecturally incorporated into the design of a building; b. Mechanical equipment associated with the antenna is screened in accordance with Section 19.1-317.13.1; and c. At such time that the small cell ceases to be used for communications purposes for 3 consecutive months, the antenna and all associated equipment are removed from the property. OPTION 2 -Pole -Mounted a. Antenna is mounted on a pole having a minimum height of 20 feet which supports an athletic field light, parking lot light, street light or utility line; b. Antenna does not exceed a height of 10 feet above the height of the pole; c. Antenna does not protrude more than 2 feet from the pole; d. A maximum of 1 antenna is located on the pole; e. Antenna does not exceed a diameter of 16 inches; f. The visual impact of antenna and mounting equipment is minimized through the use of, but not limited to, color, material or design, as determined by the planning department; g. Pole -mounted equipment cabinet does not exceed seven (7) cubic feet in size: 15-1022 08/26/15 h. Ground -mounted mechanical equipment associated with the antenna shall be screened in accordance with Section 19.1-317.D.1; and i. At such time that the small cell ceases to be used for communications purposes for 3 consecutive months, the antenna and all associated equipment are removed from the property. 5. I-2, I-3 Districts: OPTION 1 -Architecturally incorporated a. Antenna is architecturally incorporated into the design of a building; b. Mechanical equipment associated with the antenna is screened in accordance with Section 19.1-317.D.2; and c. At such time that the small cell ceases to be used for communications purposes for 3 consecutive months, the antenna and all associated equipment are removed from the property. OPTION 2 -Pole -Mounted a. Antenna is mounted on a pole having a minimum height of 20 feet which supports an athletic field light, parking lot light, street light or utility line; b. Antenna does not exceed a height of 10 feet above the height of the pole; c. Antenna does not protrude more than 2 feet from the pole; d. A maximum of 1 antenna is located on the pole; e. Antenna does not exceed a diameter of 16 inches; f. The visual impact of antenna and mounting equipment is minimized through the use of, but not limited to, color, material or design, as determined by the planning department; g. Pole -mounted equipment cabinet does not exceed seven (7) cubic feet in size: h. Ground -mounted mechanical equipment associated with the antenna shall be screened in accordance with Section 19.1-317.D.2; and i. At such time that the small cell ceases to be used for communications purposes for 3 consecutive months, the antenna and all associated equipment are removed from the property. OPTION 3 -View minimized a. Antenna and mounting equipment are screened from view of adjacent R, R- TH, R -MF, MH, O, C, or I-1 zoned property, or A property designated on the comprehensive plan for R, R-TH, R -MF, MH, O, C, or I-1 zoning, and roads that are designed to accommodate through traffic movements; b. View of the antenna and mounting equipment from limited access roads is minimized through site or architectural design, topography, landscaping, setbacks or other features; c. Mechanical equipment associated with the antenna is screened in accordance with Section 19.1-317.D.2; and d. At such time that the small cell ceases to be used for communications purposes for 3 consecutive months, the antenna and all associated equipment are removed from the property. 000 15-1023 08/26/15 9 9 FAI M For the purposes of this chapter, the following words and phrases shall have the following meanings: 000 Communication small cell: Low -powered radio access antenna, together with associated mounting and mechanical equipment, which extends wireless communications systems service coverage and increases network capacity, and such antenna is attached either to a pole which supports an athletic field light, parking lot light, street light or utility line, or to a building. 000 (2) That this ordinance shall become effective immediately upon adoption. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 17.C. TO CONSIDER APPROPRIATION OF UP TO $70,000,000 IN PAYMENT TO THE ESCROW AGENT FOR THE ADVANCE REFUNDING OF UP TO $70,000,000 OF GENERAL OBLIGATION BONDS AND CLOSING COSTS Mr. Carmody stated this date and time has been advertised for the Board to consider appropriation of up to $70,000,000 in payment to the escrow agent for an advance refunding of up to $70,000,000 of various outstanding general obligation bonds and general obligation refunding bonds. He further stated the state code requires a public hearing for increases in appropriations that exceed 1 percent of the budget. He noted the payment for the escrow agent is approximately $65.7 million. Mr. Elswick called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Warren, seconded by Mr. Gecker, the Board approved the appropriation of up to $70,000,000 in payment to the escrow agent for the advance refunding of up to $70,000,000 of various outstanding general obligation bonds and general obligation refunding bonds. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1024 08/26/15 17.D. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF RIGHT-OF-WAY AND EASEMENTS FOR THE OLD BERMUDA HUNDRED ROAD AT OLD STAGE ROAD INTERSECTION IMPROVEMENTS PROJECT Mr. Smith stated this date and time has been advertised for the Board to consider the exercise of eminent domain for the acquisition of right-of-way and easements for the Old Bermuda Hundred Road at Old Stage Road Intersection Improvements Project. He further stated the county's right-of-way acquisition consultant has been successful in acquiring right-of-way and easements from twenty-four property owners that were impacted by the project; however, the county's consultant has been unable to reach agreement with two owners. Mr. Elswick called for public comment. There being no one to speak to the issue, the public hearing was closed. In response to Ms. Jaeckle's question, Mr. Smith stated he was able to communicate with the property owner in question. In response to Mr. Gecker's question regarding the property, Mr. Smith presented a map showing the property line. He stated the prescriptive easement covers the existing road, which will be purchased as feasible right-of-way. In response to Mr. Gecker's questions, Mr. Smith stated 13 feet are proposed from existing end of pavement. He further stated a quarter of an acre is in fee right-of-way. He stated the property owners have some concern relative to the shift of the road; however, monetary discussions are primarily the focus at this point. He further stated the county plans to realign and provide turn lanes to a dangerous curve and high - accident location. He noted the traffic count is around 6,000 automobiles per day. Ms. Jaeckle noted the road is an alternate route to Route 10. Ms. Jaeckle then made a motion, seconded by Mr. Warren, for the Board to authorize the exercise of eminent domain for the acquisition of right-of-way and easements from the following property owners for the Old Bermuda Hundred Road at Old Stage Road Intersection Improvements Project: 1. Robert Thomas Barfield, 2341 Old Bermuda Hundred Road, GPIN 8026496358 2. Aubrey S. Hinds, Jr., 2101 Old Bermuda Hundred Road, GPIN 8036481499 Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1025 08/26/15 9 9 9 17.E. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF EASEMENTS FOR THE ROUTE 60 (ALVERSER DRIVE TO OLD BUCKINGHAM PROJECT Mr. Smith stated the date and time has been advertised for the Board to consider the exercise of eminent domain for the acquisition of easements for the Route 60 (Alverser Drive to Old Buckingham Road) Widening Project. He further stated staff has been unable to identify and locate all the owners of the property despite diligence to do so. He noted the owners are believed to be the Unknown Heirs of Fannie Webb Hinton. Mr. Elswick called for public comment. There being no one to speak to the issue, the public hearing was closed. In response to Mr. Gecker's question, Mr. Smith stated the resident of the home has no real objection to the project and voiced her support relative to relocating utilities. On motion of Mr. Gecker, authorized the exercise filing of a certificate easements on the subject Turnpike from the Unknown Route 60 (Alverser Drive Project. seconded by Mr. Holland, the Board of eminent domain including the of deposit for the acquisition of parcel located at 12611 Midlothian Heirs of Fannie Webb Hinton for the to Old Buckingham Road) Widening Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 17.F. TO CONSIDER THE LEASING OF HENRICUS HISTORICAL PARK AND APPROVAL OF AN UPDATED OPERATING AGREEMENT WITH THE HENRICUS FOUNDATION Mr. Harmon stated this date and time has been advertised for the Board to consider the leasing of Henricus Historical Park and approval of an updated operating agreement with The Henricus Foundation. Mr. Elswick called for public comment. Mr. Charlie Grant, executive director of Henricus Historical Park, recommended approval of the new three-year lease with two three-year renewal terms and updated operating agreement for the continued operation of Henricus Historical Park by The Henricus Foundation. There being no one to speak to the issue, the public hearing was closed. Ms. Jaeckle noted Judge Ernest Gates was one of the original members who entered into an agreement for the development and operation of Henricus Historical Park, who recently lost his wife. In response to Mr. Holland's question regarding two parcels of land relative to Richmond, Mr. Grant stated the issue has not yet been resolved. He further stated there may have been some surveying marks that were insufficient years ago. He stated the City of Richmond may have an interest, along with Henrico County, Chesterfield County and perhaps a private firm. 15-1026 08/26/15 On motion of Mr. Holland, seconded by Mr. Warren, the Board approved an updated operating agreement and the leasing of Henricus Historical Park to The Henricus Foundation. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 17.G. TO CONSIDER THE CONVEYANCE OF TWO PARCELS OF LAND TO THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION FOR THE ROUTE 1/ROUTE 641 (DUNDAS ROAD) TRAFFIC SIGNALIZ ON PROJECT Mr. Harmon stated this date and time has been advertised for the Board to consider the conveyance of two parcels of land to the Commonwealth of Virginia, Department of Transportation for the Route 1/Route 641 (Dundas Road) Traffic Signalization Project. Mr. Elswick called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved the conveyance of two parcels of land to the Commonwealth of Virginia, Department of Transportation for the Route 1/Route 641 (Dundas Road) Traffic Signalization Project, and authorized the Chairman of the Board and County Administrator to execute the deed. Ayes: Elswick, Warren, Jaeckle, Holland 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 There were no requests to address the Board at this time. 20. ADJOURNMENT On motion of Mr. Gecker, seconded by Mr. Warren, the Board adjourned at 8:31 p.m. until September 16, 2015. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. " s.11510m de" I. WON. '9 A�J�D�a Steph n A. Elswick— Chairman 15-1027 08/26/15 9 9