Loading...
2016-02-24 MinutesBOARD OF SUPERVISORS MINUTES February 24, 2016 Supervisors in Attendance: Mr. Stephen A. Elswick, Chairman Ms. Dorothy A. Jaeckle, Vice Chrm Mr. Christopher M. Winslow Mr. James M. Holland Ms. Leslie A. Haley Mr. James J. L. Stegmaier County Administrator 16-48 Staff in Attendance: Mr. Greg Akers, Dir., Internal Audit Mr. Mike Bacile, Dir., Purchasing Dr. Sheryl Bailey, Dep. County Administrator, Management Services Ms. Janice Blakley, Clerk to the Board Mr. Kevin Bruny, Dean, Chesterfield University Ms. Debbie Burcham, Exec. Dir Community Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessment Mr. William Dupler, Dep. County Administrator, Community Development Colonel Thierry Dupuis, Police Department Mr. Mike Golden, Dir., Parks and Recreation Mr. Garrett Hart, Dir., Economic Development Mr. George Hayes, Dir., Utilities Department Mr. Louis Lassiter, Asst. County Administrator Mr. Jeffrey L. Mincks, County Attorney Ms. Susan Pollard, Dir., Public Affairs Ms. Kiva Rogers, Dir., Social Services Chief Loy Senter, Fire and EMS Mr. Scott Smedley, Dir., Environmental Engineering Mr. Jesse Smith, Dir., Transportation Ms. Sarah Snead, Dep. County Administrator Human Services Mr. Kirk Turner, Dir., Planning 02/24/16 Mr. Rick Witt, Building Official Mr. Scott Zaremba, Dir., Human Resources Programs Mr. Elswick called the regularly scheduled meeting to order at 3:00 p.m. 1. APPROVAL OF MINUTES FOR FEBRUARY 10, 2016 On motion of Mr. Winslow, seconded by Ms. Haley, the Board approved the minutes of February 10, 2016, as submitted. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT • Mr. Stegmaier stated in 2014, House Bill 2 was signed into law, requiring the Commonwealth Transportation Board to develop and use a scoring process when selecting projects for transportation funding. He further stated this is the first year that funds have been subject to the process. Mr. Jesse Smith, Director of Transportation, briefly updated the Board on how the county's priority list of interstate, primary and other transportation projects scored and which projects could receive funding. He noted the Transportation Department is working with the Virginia Department of Transportation, the Commonwealth Transportation and the Richmond Regional Transportation Planning Organization to add more projects to the funded list. Mr. Holland stressed the importance of additional funding for future transportation projects. In response to Mr. Winslow's question, Mr. Smith stated there has been some discussion with the county's CTB member who indicated other localities are approaching him as well. He further stated the final funding is placed in the hands of the CTB, which was done intentionally to give some latitude in their judgment relative to regional needs. In response to Ms. Jaeckle's question relative to revenue sharing, Mr. Smith stated Ms. Mary Ann Curtin would be presenting an update to the Board relative to that subject. Mr. Elswick stressed the importance of the changes needed for the next round and how other localities were successful in getting their projects approved. • Mr. Stegmaier announced Chesterfield Fire and EMS recently received a substantial donation from the Amazon Fulfillment Center in the Meadowville Technology Park on behalf of the Citizens Against Residential Emergencies (CAREs) Program. He stated Amazon donated 2,460 smoke alarms with a total retail value of over $39,000, which will support the department's efforts to ensure that every home in Chesterfield has a working smoke alarm. 16-49 02/24/16 19 9 IE Ms. Jaeckle stated she accompanied the Fire Department one year on their visit to Harbour East Village as they installed fire alarms in the residences. She stressed the importance of fire safety and awareness. In response to Mr. Elswick's question, Assistant Chief Robby Dawson stated the smoke alarms associated with the house fire on Wicklow Lane were not working and had been disarmed a week prior to the incident. Chief Senter provided a brief presentation to the Board relative to the hard working employees of the Fire and EMS Department and the repairs made to the Courthouse Road Fire Station. Ms. Jaeckle and Ms. Elswick highly praised the efforts of the employees of the Fire and EMS Department. Ms. Mary Ann Curtin presented a brief update to the Board of Supervisors on the status of several bills before the General Assembly and from the county's legislative program. In regards to HB 770 relating to conditional zoning, she stated the Senate version has been significantly amended. She further stated the House version has not been heard in the Senate local government and needs to be amended before it progresses. In regards to the two Air BnB bills, HB 812 and SB 416, local governments continue to have concerns with both bills due to the potential land use issues that are not addressed, as well as the lack of accountability from the state on the distribution of the transient occupancy tax from these limited residential lodgings back to localities. She further stated a year-long study has been recommended in order to work out local government issues. In regards to Ms. Jaeckle's question, she stated a budget amendment on the Senate side was included to level fund revenue sharing. She noted House Appropriations and Senate Finance released their versions of the state budget on Sunday. She stated staff is continuing to analyze the two versions for potential county impact. She noted all the members of the county's legislative delegation have signed on to put in a commending resolution for Mr. Stegmaier's service to the county. 3. BOARD MEMBER REPORTS Ms. Jaeckle announced she and Mr. Elswick attended the Virginia Department of Housing and Community Development's announcement of a grant at Bizworks yesterday afternoon. She commended the opportunity for small businesses to gain the support in order to jump start their business. Mr. Elswick concurred with Ms. Jaeckle's remarks and expressed appreciation for the grant funding. 16-50 02/24/16 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Holland, seconded by Mr. Winslow, the Board moved Item 5.A., Resolution Recognizing Ms. Ann Marie Breitenbach, Utilities Department, Upon Her Retirement, to Consent Item 8.A.1.a.3.; and added Item 10.A., Closed Session Pursuant to Section 2.2-3711.A.7., Code of Virginia, 1950, as Amended, for Consultation with Legal Counsel Requiring the Provision of Legal Advice Regarding the Shoosmith Landfill. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 5. RESOLUTIONS 5.B. RECOGNIZING PARKS AND RECREATION ADVISORY COMMISSION MEMBERS FOR THEIR SERVICE TO CHESTERFIELD COUNTY Mr. Golden introduced Mr. Vincent Burgess, Mr. Ron Maxey, Mr. Mike Hairfield and Mr. Timothy Mick, who were present to receive their resolutions. On motion of Mr. Winslow, seconded by Mr. Holland, the Board adopted the following resolution: And, further, the Board adopted the following resolution: WHEREAS, the Chesterfield County Parks and Recreation Advisory Commission (PRAC) was established in 1993 by the Board of Supervisors for the purpose of assessing the recreation needs of the county, advising the Board of Supervisors and county staff, and making specific recommendations on the most equitable use of facilities; and WHEREAS, Mr. Vincent Burgess was appointed in 2012 as a member of the commission representing the Clover Hill Magisterial District, and since that time has served the citizens of Chesterfield County with distinction; and WHEREAS, Mr. Burgess has contributed greatly as an advocate for a Senior Center, the Mid -Lothian Mines Project and the Dutch Gap trail system, Pickleball, many historical sites and was instrumental in adoption of the Bikeways and Trail Plan as a New Chapter for the Comprehensive Plan along with the renewal of a management contract for Adult Softball; and WHEREAS, Mr. Burgess was a dedicated PRAC member and representative for several years for the Clover Hill District, and served not only the citizens of his district, but all Chesterfield County, with a fair and open mind to benefit the welfare of citizens in the county; and WHEREAS, Mr. Burgess has recently been appointed by the Board of Supervisors to the Community Services Board and also appointed by the Governor of the State of Virginia to a four- year appointment to the Board of Conservation and Recreation; and 16-51 02/24/16 9 9 9 N WHEREAS, Mr. Burgess has served the Capital Projects and the Future Visions Outreach and Greenways Committees and provided valuable insight and guidance to the department for project planning for capital improvements and improvements to the Parks and Recreation Advisory Commission review process. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of February 2016, publicly recognizes Mr. Vincent Burgess, expresses appreciation for his dedicated and outstanding service to the Parks and Recreation Advisory Commission and to the citizens of Chesterfield County, and urges all residents to keep Mr. Burgess's many accomplishments fondly in their minds as they visit the parks in Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Burgess and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. On motion of Ms. Haley, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the Chesterfield County Parks and Recreation Advisory Commission (PRAC) was established in 1993 by the Board of Supervisors for the purpose of assessing the recreation needs of the county, advising the Board of Supervisors and county staff, and making specific recommendations on the most equitable use of facilities; and WHEREAS, Mr. Ron Maxey was appointed in 2001 as a member of the commission representing the Midlothian Magisterial District, and since that time has served the citizens of Chesterfield County with distinction; and WHEREAS, Mr. Maxey has contributed greatly as an advocate for historical and Civil War sites and parks and been a strong advocate for seniors, their programs and the value that they contribute to our communities; and WHEREAS, Mr. Maxey was a strong advocate for artificial turf fields at Stratton Park and supported the adoption of a Bikeways and Trails Plan as a new chapter to the County Comprehensive Plan and the inception of a Pickleball Center at Rockwood Park; and WHEREAS, Mr. Maxey was a dedicated PRAC member and representative for many years for the Midlothian District and served not only the citizens of his district, but all Chesterfield County, with a fair and open mind to benefit the welfare of citizens in the county; and 16-52 02/24/16 WHEREAS, Mr. Maxey has most recently served as Chairman for PRAC from 2009-2015 and also served on the Athletic Activities Committee, the Capital Projects Committee and the Future Visions Outreach and Greenways Committee, and provided valuable insight and guidance to the department for project planning for capital improvements and improvements to the Parks and Recreation Advisory Commission review process. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of February 2016, publicly recognizes Mr. Ron Maxey, expresses appreciation for his dedicated and outstanding service to the Parks and Recreation Advisory Commission and to the citizens of Chesterfield County, and urges all residents to keep Mr. Maxey's many accomplishments fondly in their minds as they visit the parks in Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Maxey and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, the Chesterfield County Parks and Recreation Advisory Commission (PRAC) was established in 1993 by the Board of Supervisors for the purpose of assessing the recreation needs of the county, advising the Board of Supervisors and county staff, and making specific recommendations on the most equitable use of facilities; and WHEREAS, Mr. Michael Hairfield was appointed in 2013 as a member of the commission representing the Midlothian Magisterial District, and since that time has served the citizens of Chesterfield County with distinction; and WHEREAS, Mr. Hairfield has contributed greatly as an advocate for historical sites and parks, and has been a strong advocate for seniors, their programs and the value that they contribute to our communities; and WHEREAS, Mr. Hairfield strongly supported the adoption of a Bikeways and Trails Plan as a new chapter to the County Comprehensive Plan and the inception of a Pickleball Center at Rockwood Park; and WHEREAS, Mr. Hairfield was a dedicated PRAC member and representative for several years for the Midlothian District, and not only served the citizens of his district, but all Chesterfield County, with a fair and open mind to benefit the welfare of citizens in the county; and 16-53 02/24/16 19 F13 a Iq WHEREAS, Mr. Hairfield in 1979 began as a Volunteer Coach for Chesterfield Quarterback League (CQL)and for many years was Commissioner of the League, and presently is serving as Secretary and has also served as a Chesterfield Baseball Coach and a Chesterfield Girls Softball Coach; and WHEREAS, Mr. Hairfield has served on the Athletic Activities Committee and Chaired the Future Visions Outreach and Greenways Committee, and provided valuable insight and guidance to the department for project planning for capital improvements and improvements to the Parks and Recreation Advisory Commission review process. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of February 2016, publicly recognizes Mr. Michael Hairfield, expresses appreciation for his dedicated and outstanding service to the Parks and Recreation Advisory Commission and to the citizens of Chesterfield County, and urges all residents to keep Mr. Hairfield's many accomplishments fondly in their minds as they visit the parks in Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Hairfield and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. On motion of Ms. Haley, seconded by Mr. Winslow, the Board adopted the following resolution: WHEREAS, the Chesterfield County Parks and Recreation Advisory Commission (PRAC) was established in 1993 by the Board of Supervisors for the purpose of assessing the recreation needs of the county, advising the Board of Supervisors and county staff, and making specific recommendations on the most equitable use of facilities; and WHEREAS, Mr. Timothy R. Mick previously served as Bermuda Magisterial District representative from January 1996 to February 2006, and was then appointed in May 2008 as a representative of PRAC by the School Board, and since that time has served the citizens of Chesterfield County with distinction; and WHEREAS, Mr. Mick has contributed greatly as an advocate for historical parks and Civil War sites and has been a strong advocate for seniors, their programs and the value that they contribute to our communities; and WHEREAS, Mr. Mick provided guidance and direction on development of a Parks and Recreation Master Plan, developed policies for the safety and protection of youth sports participants and supported the adoption of a Bikeways and Trails Plan as a new chapter to the County Comprehensive Plan; and 16-54 02/24/16 WHEREAS, Mr. Mick along with his company, Alliance Engineering, a local firm and project partner, assisted with plan development and boardwalk construction of the Radcliffe Conservation Area River Trail, and despite many challenges faced in constructing this trail, the trail opened in 2009 due to the unwavering support of the numerous volunteers and their many hours of hard work; and WHEREAS, Mr. Mick was a dedicated PRAC member and representative for the School Board and served not only the citizens of his district, but all Chesterfield County, with a fair and open mind to benefit the welfare of citizens in the county; and WHEREAS, Mr. Mick has served on the Athletic Activities Committee, Chaired the Capital Projects Committee and served as Chair for the Future Visions Outreach and Greenways Committee and provided valuable insight and guidance to the department for project planning for capital improvements and improvements to the Parks and Recreation Advisory Commission review process. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of February 2016, publicly recognizes Mr. Timothy Mick, expresses appreciation for his dedicated and outstanding service to the Parks and Recreation Advisory Commission and to the citizens of Chesterfield County, and urges all residents to keep Mr. Mick's many accomplishments fondly in their minds as they visit the parks in Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Mick and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. Ms. Jaeckle, Ms. Haley and Mr. Winslow presented executed resolutions to each committee member and commended them for their dedicated and outstanding service to the Parks and Recreation Advisory Commission and to the citizens of Chesterfield County. Each committee member thanked the Board for the special recognition and kind sentiments. 5.C. RECOGNIZING COMMITTEE ON THE FUTURE MEMBERS FOR THEIR SERVICE TO CHESTERFIELD COUNTY Ms. Wendy Austin introduced Mr. Chris Winslow, Ms. Andrea Brown, Mr. Edward DeGennaro and Ms. Dianne Mallory, who were present to receive their resolutions. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: 16-55 02/24/16 19 WHEREAS, the Chesterfield County Committee on the Future was established in 1987 by the Board of Supervisors, and included in the County Charter for the purpose of assessing the future and long-range challenges facing the county, advising the Board of Supervisors, and making recommendations for minimizing the adverse effect of future changes on the county; and WHEREAS, Mr. Christopher Winslow was appointed as a member of the committee in February 2014; and WHEREAS, Mr. Winslow has been involved in the community for many years and has served the citizens of the Clover Hill District with distinction; and WHEREAS, Mr. Winslow served as an active committee member for two years; and WHEREAS, during his tenure, Mr. Winslow was instrumental in conducting extensive research and dedicated countless hours to the committee during the development of its current report on safeguarding future prosperity for Chesterfield County residents. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of February 2016, publicly recognizes Mr. Christopher Winslow and commends him for his dedication and outstanding service to the Committee on the Future and to the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Winslow and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, the Chesterfield County Committee on the Future was established in 1987 by the Board of Supervisors, and included in the County Charter for the purpose of assessing the future and long-range challenges facing the county, advising the Board of Supervisors, and making recommendations for minimizing the adverse effect of future changes on the county; and WHEREAS, Ms. Andrea Brown was appointed as a member of the committee in February 2008; and WHEREAS, Ms. Brown has been involved in the community for many years and has served the citizens of the Dale District with distinction; and WHEREAS, Ms. Brown served as an active committee member for eight years; and 16-56 02/24/16 WHEREAS, during her tenure, the committee completed "Preparing Residents to Thrive in a Global Society," which studied how globalization will affect Chesterfield County over the next decades and how lifelong learning can be used to help county residents thrive in a highly globalized world; and WHEREAS, Ms. Brown was instrumental in conducting extensive research and dedicated countless hours to the committee during the development of its current report on safeguarding future prosperity for Chesterfield County residents. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of February 2016, publicly recognizes Ms. Andrea Brown and commends her for her dedication and outstanding service to the Committee on the Future and to the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Ms. Brown and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. On motion of Mr. Winslow, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, the Chesterfield County Committee on the Future was established in 1987 by the Board of Supervisors, and included in the County Charter for the purpose of assessing the future and long-range challenges facing the county, advising the Board of Supervisors, and making recommendations for minimizing the adverse effect of future changes on the county; and WHEREAS, Mr. Edward DeGennaro was appointed as a member of the committee in January 2000; and WHEREAS, Mr. DeGennaro has been involved in the community for many years and has served the citizens of both the Dale and Matoaca Districts with distinction; and WHEREAS, Mr. DeGennaro served as an active committee member for 16 years and a distinguished chair or vice chair for most of his tenure; and WHEREAS, Mr. DeGennaro led the committee with a long- range vision, keeping members and topic experts focused on the futuristic perspective of the committee and forecasting issues facing the county in 20-30 years; and WHEREAS, Mr. DeGennaro excelled in communicating with a variety of stakeholders, including those within Chesterfield County schools and government, as well as citizens and community groups; and 16-57 02/24/16 9 W] WHEREAS, Mr. DeGennaro worked with county staff to develop and refine the report process to create a model that guides the committee as it develops its reports; and WHEREAS, during his tenure, the committee completed three reports, "Preparing Residents to Thrive in a Global Society," "Green Infrastructure: Protecting Resources for Future Generations," and "The Aging Population in Chesterfield County: Choices, Options, and Benefits of Aging"; and WHEREAS, Mr. DeGennaro was instrumental in conducting extensive research and dedicated countless hours to the committee during the development of its past reports and current report on safeguarding future prosperity for Chesterfield County residents; and WHEREAS, Mr. DeGennaro strived to expand thinking beyond present-day limitations, presenting a view not necessarily bound by what will be, but embracing what can be. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of February 2016, publicly recognizes Mr. Edward DeGennaro and commends him for his dedication and outstanding service to the Committee on the Future and to the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. DeGennaro and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. On motion of Mr. Winslow, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, the Chesterfield County Committee on the Future was established in 1987 by the Board of Supervisors, and included in the County Charter for the purpose of assessing the future and long-range challenges facing the county, advising the Board of Supervisors, and making recommendations for minimizing the adverse effect of future changes on the county; and WHEREAS, Ms. Dianne Mallory was appointed as a member of the committee in April 2006; and WHEREAS, Ms. Mallory has for many years and has served District with distinction; and been involved in the community the citizens of the Midlothian WHEREAS, Ms. Mallory served as an active committee member for ten years and a distinguished vice chair for nearly her full tenure; and 16-58 02/24/16 WHEREAS, during her tenure, the committee completed the "Preparing Residents to Thrive in a Global Society" which studied how globalization will affect Chesterfield County over the next decades and how lifelong learning can be used to help county residents thrive in a highly globalized world; and WHEREAS, Ms. Mallory was instrumental in conducting extensive research and dedicated countless hours to the committee during the development of its current report on safeguarding future prosperity for Chesterfield County residents. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of February 2016, publicly recognizes Ms. Dianne Mallory and commends her for her dedication and outstanding service to the Committee on the Future and to the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Ms. Mallory and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. Ms. Jaeckle presented the executed resolutions to each committee member and highly praised them and expressed her appreciation for their devoted service to the county. Mr. Elswick, Ms. Haley and Mr. Holland commended each committee member for their unwavering dedication and outstanding service to the Committee on the Future and to the citizens of Chesterfield County. Each committee member thanked the Board for the special recognition and kind sentiments. Mr. Stegmaier also commended each member for their commitment to the Committee on the Future and Chesterfield County. 6. WORK SESSIONS There were no Work Sessions at this time. 7. DEFERRED ITEMS There were no Deferred Items at this time. 16-59 02/24/16 19 F] 9 8. NEW BUSINESS 8.A. CONSENT ITEMS 8.A.1. ADOPTION OF RESOLUTIONS 8.A.l.a RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 8.A.1.a.1. MR. DOUGLAS C. BREDEMEIER, BUILDING INSPECTION DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board adopted the following resolution: WHEREAS, Mr. Douglas C. Bredemeier joined Chesterfield County, Virginia as an electrical inspector on March 9, 1998; and WHEREAS, Mr. Bredemeier was promoted to the position of Principal Electrical Inspector on July 24, 1999; and WHEREAS, Mr. Bredemeier will retire from the Chesterfield County Department of Building Inspection on March 1, 2016, after providing 18 years of dedicated service; and WHEREAS, Mr. Bredemeier faithfully served the county and its residents with honor and integrity; and WHEREAS, Mr. Bredemeier's work to provide a safe -built environment in Chesterfield County has greatly enhanced the well-being of our residents and visitors; and WHEREAS, Mr. Bredemeier is known for his technical knowledge of the profession and dedication in seeking opportunities to mentor and share his expertise, knowledge and experiences with staff members and the public; and WHEREAS, Mr. Bredemeier's commitment to knowledge and professionalism is exemplified by his certification by the Commonwealth of Virginia as a master electrician and his achievement of multiple electrical inspector certifications; and WHEREAS, Mr. Bredemeier generously devoted his time, talent and leadership to service the Associated Builders and Contractors Inc., as an instructor for the state -approved apprenticeship program, providing future electricians with education on the National Electrical Code and general electrical installations. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County recognizes Mr. Douglas C. Bredemeier for his contributions to Chesterfield County, the Commonwealth of Virginia and the electrical profession community, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service to the Building Inspection Department and congratulations upon his retirement. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 16-60 02/24/16 8.A.1.a.2. WILLIAM M. HOLT, JR., POLICE DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board adopted the following resolution: WHEREAS, Corporal William M. Holt, Jr. will retire from the Chesterfield County Police Department on March 1, 2016, after providing nearly 27 years of outstanding quality service to the residents of Chesterfield County; and WHEREAS, Corporal Holt has faithfully served the county in the capacity of Patrol Officer, Senior Police Officer, Master Police Officer, Career Police Officer and Corporal; and WHEREAS, during his tenure, Corporal Holt also served as a Field Training Officer, Desk Officer, Evidence Technician and Police Fleet Coordinator; and WHEREAS, Corporal Holt was the recipient of a Unit Citation for his role in achieving significant reductions of DUI accidents, commercial burglaries and incidents of juvenile crime, and these accomplishments of the members of the South District, Midnight Shift demonstrated their commitment to the safety and security of the residents of Chesterfield County; and WHEREAS, Corporal Holt was recognized by his superiors for his assistance of new officers on the shift and his willingness to mentor and help them become better officers; and WHEREAS, Corporal Holt is recognized for his great communications and human relations skills, his professionalism and his teamwork, all of which he has utilized within the Police Department and in assisting residents of Chesterfield County during his career; and WHEREAS, during his tenure, Corporal Holt has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Corporal Holt 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 Holt's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal William M. Holt, Jr., 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, Jaeckle, Winslow, Holland and Haley. Nays: None. 16-61 02/24/16 9 9 M Lq 8.A.i.a.3. RECOGNIZING MS. ANN MARIE BREITENBACH, UTILITIES DEPARTMENT, UPON HER RETIREMENT On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board adopted the following resolution: WHEREAS, Ms. Ann Marie Breitenbach will retire from the Chesterfield County Utilities Department on March 1, 2016; and WHEREAS, Ms. Breitenbach began her public-service career with the Chesterfield County Commissioner of the Revenue on April 16, 1990, as a customer service representative and was responsible for auditing customers' Department of Motor Vehicle records, assisting the public with questions, addressing concerns or legal obligations regarding personal property taxes, calculating tax bills, determining validity of non-compliance tax filings, and auditing a variety of reports to find unreported taxable motorcycle property records; and WHEREAS, Ms. Breitenbach transferred to the Chesterfield County Utilities Department on September 17, 1995, to be a customer service representative in the call center of the billing and customer service section and was responsible for answering inbound calls from customers, handling customers' incoming requests to open or close utility accounts, providing information about services, entering service orders in the customer information system, transferring calls with complex inquiries to management for follow-up, and researching billing issues; and WHEREAS, Ms. Breitenbach also worked in the billing section for three years analyzing billing reports and ensuring customers received accurate and timely bills; and WHEREAS, Ms. Breitenbach held the position of customer service representative until her retirement, and during that time, she received certificates of recognition for teamwork, performed utility operations efficiently, assured all customers' needs were served in an expeditious, courteous, effective and prompt manner, and improved communications; and WHEREAS, Ms. Breitenbach has been an asset to the department because of her dedication to customer service, her motivation to meet challenges and her participation on numerous process action teams that improved the billing and customer service processes; and WHEREAS, Ms. Breitenbach has passed on her significant knowledge to other employees in the billing and customer service section to help improve their customer service skills and encourage them to help customers with their concerns; and WHEREAS, Ms. Breitenbach demonstrated good judgment when talking to customers, researching payments, resolving customer support related issues, resolving billing questions, providing customers with proper solutions, performing customer verifications, and processing applications, forms and requests; and 16-62 02/24/16 WHEREAS, Ms. Breitenbach is a dedicated employee who exceeds expectations and is committed to supporting excellence in government; and WHEREAS, Ms. Breitenbach has been a dependable associate with an exemplary work ethic and commitment, and exhibited dedication, knowledge, pride, and quality in the work she performed at the Chesterfield County Utilities Department. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Ms. Ann Marie Breitenbach and extends on behalf of its members and the citizens of Chesterfield County appreciation for her 25 years of service to the county. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.A.l.b. REQUESTING THAT THE WEST HUNDRED ROAD BRIDGE OVER THE CSX RAILROAD BE NAMED IN HONOR OF SERGEANT AARON XAVIER WITTMAN On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board adopted the following resolution requesting the Commissioner of the Virginia Department of Transportation (VDOT) to name the West Hundred Road Bridge over the CSX Railroad the "Sergeant Aaron Xavier Wittman Memorial Bridge": WHEREAS, Sergeant Aaron Xavier Wittman of Chester, Virginia was born on November 6, 1984, and graduated from Lloyd C. Bird High School in June 2003; and WHEREAS, Sergeant Wittman served in the South Carolina Army National Guard while a student at The Citadel in Charleston, South Carolina, deploying to Afghanistan with the 218th Brigade Combat Team in 2007; and WHEREAS, Sergeant Wittman enlisted in the United States Army in 2010 after completing his college education at The Citadel; and WHEREAS, Sergeant Wittman deployed for his second combat tour in Afghanistan in 2012, with the 3rd Battalion, 69th Armor Regiment, 1St Brigade Combat Team, 3rd Infantry Division; and WHEREAS, on January 10, 2013, Sergeant Wittman died from wounds sustained while returning enemy fire to protect and save the lives of his combat team when his unit, which was on mounted patrol, came under small arms fire; and WHEREAS, Sergeant Wittman gave his life in defense of a grateful nation; and WHEREAS, the Chesterfield County Board of Supervisors wishes to memorialize the life and the sacrifices of Sergeant Wittman. 16-63 02/24/16 Pl� 91 Pl� NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors does hereby request that the Commonwealth Transportation Board name the West Hundred Road Bridge over the CSX Railroad in Chester the "Sergeant Aaron Xavier Wittman Memorial Bridge". AND, BE IT FURTHER RESOLVED, that Chesterfield County will assume the costs for the fabrication and installation of the signs for this naming. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.A.i.c. NAMING THE NORTH COURTHOUSE ROAD LIBRARY BUILDING IN HONOR OF MR. ARTHUR S. WARREN On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board adopted the following resolution naming the North Courthouse Road Library building in honor of Mr. Arthur S. Warren: WHEREAS, Mr. Arthur S. Warren was first elected to the Chesterfield County Board of Supervisors in 1991, representing the Clover Hill magisterial district; and WHEREAS, Mr. Warren has served honorably for 24 years, providing his constituents and all the residents of Chesterfield County with public service marked by integrity and commitment; and WHEREAS, Mr. Warren has served six terms, and has been elected by his peers seven times to serve as Chairman of the Board of Supervisors; and WHEREAS, during Mr. Warren's term the 2004 Bond Referendum was passed that included funding to provide for improvement in the library facilities and technology throughout the county; and WHEREAS, Mr. Warren supported, as one of the Bond Referendum projects, the construction of North Courthouse Road Library; and WHEREAS, as a result of Mr. Warren's dedication, commitment and encouragement, a new library was constructed that will be dedicated on March 17, 2016, and WHEREAS, this library is a Gold LEED certified building, is the first Chesterfield County Public Library to not have a traditional reference desk, but is instead equipped to allow staff to engage with the customers in any part of the library, will include a modern small business center with tele -conferencing capabilities, as well as community meeting rooms, small study areas, and meeting and learning spaces for children, teens and adults; and WHEREAS, the new North Courthouse Road Library has been a significant improvement in library services in this area of the county; and 16-64 02/24/16 WHEREAS, the facility located on North Courthouse Road will enhance the library's role as an important community space. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes and applauds the untiring efforts of Mr. Arthur S. Warren to improve the quality of life of Chesterfield County citizens as exemplified by the improvements in library service accomplished by the new North Courthouse Road Library and hereby names the building located at 325 North Courthouse Road in his honor. Ayes: Nays: 8.A.2. Elswick, Jaeckle, Winslow, Holland and Haley. None. APPROVAL OF RESTRUCTURING OF TOWING ADVISORY BOARD On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board approved the restructuring of the Towing Advisory Board to include five voting members: two representatives of licensed towing and recovery operators, two representatives from local law enforcement, and one member of the general public, with set terms of three years and members being permitted to serve two consecutive terms. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.A.3. REQUEST OF LAURIN C. WILLIS AND SLAP PRODUCTIONS, LLC FOR AN ENTERTAINMENT FESTIVAL PERMIT TO CONDUCT THE CENTRAL VIRGINIA FOOD TRUCK RODEO AT CHESTERFIELD TOWNE CENTER On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board approved the request of Laurin C. Willis and SLAP Productions, LLC for an entertainment festival permit to conduct the Central Virginia Food Truck Rodeo at Chesterfield Towne Center on Sunday, March 20, 2016, subject to the conditions filed with the papers of this Board. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.A.4. DESIGNATION OF RIGHT OF WAY FOR MAGNOLIA GREEN PARKWAY On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board designated right of way for Magnolia Green Parkway and authorized the County Administrator to execute the declaration. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 16-65 02/24/16 19 9 IR 8.A.5. AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT FOR THE PROVIDENCE ROAD (ROUTE 60 TO WOODWARD DRIVE) SIDEWALK PROJECT On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board authorized the Director of Purchasing to award a construction contract to Capital Carbonic Gas Corp T/A Harbor Dredge Dock for the Providence Road (Route 60 to Woodward Drive) Sidewalk Project. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.A.6. REQUESTS FOR PERMISSION 8.A.6.a. FROM BUILDER FUNDING, LLC FOR AN ASPHALT DRIVEWAY TO ENCROACH WITHIN A SIXTEEN -FOOT DRAINAGE EASEMENT ACROSS LOT 8, BLOCK B, STONEHENGE, c7r TTnN n On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board granted Builder Funding, LLC permission for an asphalt driveway to encroach within a 16, drainage easement across Lot 8, Block B, Stonehenge, Section A, 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, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.A.6.b. FROM BARNEY MCLAUGHLIN TO INSTALL A PRIVATE WATER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON GAMBLERS COVE LANE On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board granted Barney McLaughlin permission to install a private water service within a private easement to serve property at 14720 Gamblers Cover Lane and authorized the County Administrator to execute the water connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.A.6.c. FROM MCLAUGHLIN HOMES, LLC TO INSTALL A PRIVATE WATER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON GAMBLERS COVE LANE On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board granted McLaughlin Homes, LLC permission to install a private water service within a private easement to serve property at 14730 Gamblers Cover Lane and authorized the County Administrator to execute the water connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. �3� ri 02/24/16 8.A.7. APPROVAL OF SUBLEASE OF PROPERTY FOR THE FALLING CREEK POLICE STATION On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board approved a sublease of 5701 Jefferson Davis Highway from Bensley -Bermuda Volunteer Rescue Squad, Incorporated for the Falling Creek Police Station and authorized the County Administrator to execute the sublease agreement in a form approved by the County Attorney. (It is noted a copy of the floor plans are filed with the papers of this Board.) Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. 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. Holland, 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, Jaeckle, Winslow, Holland and Haley. Nays: None. 10. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 10.A. CLOSED SESSION PURSUANT TO SECTION 2.2-3711.A.7., CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH LEGAL CONSULTATION WITH LEGAL COUNSEL REQUIRING THE PROVISION OF LEGAL ADVICE REGARDING THE SHOOSMITH LANDFILL On motion of Mr. Holland, seconded by Mr. Winslow, the Board went into closed session pursuant to Section 2.2-3711.A.7., Code of Virginia, 1950, as amended, for consultation with legal consultation with legal counsel requiring the provision of legal advice regarding the Shoosmith landfill. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. Reconvening: 16-67 02/24/16 9 9 On motion of Mr. Winslow, seconded by Ms. Haley, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in Close Session to which this certification applies, and ii) only such business matters were identified in the motion by which the Closed Session was convened were heard, discussed or considered by the Board. No member dissents from this certification. Mr. Winslow: Aye. Ms. Haley: Aye. Mr. Holland: Aye. Ms. Jaeckle: Aye. Mr. Elswick: Aye. 11. DINNER On motion of Mr. Winslow, seconded by Ms. Haley, the Board recessed to Room 502 for dinner. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. Reconvening: 12. INVOCATION The Honorable James M. Holland, Dale District Supervisor, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mr. Dave Wolverton led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS 14.A. RECOGNIZING MR. MATTHEW GREGORY CIAVOLELLA UPON ATTAINING THE RANK OF EAGE SCOUT It is noted Mr. Ciavolella was unable to attend the meeting due to inclement weather, and he will be recognized at a future Board of Supervisors meeting. 16-68 02/24/16 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 THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 18 13SN0132 (AMENDED) In Dale Magisterial District, Chesterfield Business Partners LLC and Kingsland Towncenter LLC request amendment of conditional use (Cases 06SN0237 and 07SN0226) to reduce cash proffers and amendment of zoning district map in a Community Business (C-3) District on 101 acres fronting the west line of Iron Bridge Road and the north and south lines of Kingsland Glen Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Business and Industrial uses. Tax IDs 771-676-6355; 771-678-2064; 772- 676-1177 and 2999; and 772-677-3568. Mr. Turner stated the applicant is requesting a deferral to the April 27, 2016 regularly scheduled meeting. Mr. Jack Wilson, representing the applicant, accepted the deferral. Mr. Elswick called for public comment. There being no one to speak to the deferral, the public hearing was closed. On motion of Mr. Holland, seconded by Ms. Haley, the Board deferred Case 13SN0132 until April 27, 2016. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 16SN0126 In Bermuda Magisterial District, Gaye L. Madison requests renewal of manufactured home permit (Case 09SN0155) to permit a temporary manufactured home and amendment of zoning district map in a Residential (R-7) District on 0.5 acres known as 7811 Pioneer Street. Density is approximately 2 units per acre. The Comprehensive Plan suggests the property is appropriate for Residential use (2.51-4 units/acre). Tax ID 789-677-2015. Mr. Turner presented a summary of Case 16SN0126 and stated staff recommended approval, subject to the conditions. The applicant was not present. 16-69 02/24/16 PE PE M Ms. Jaeckle noted the applicant indicated she did not want to travel in the inclement weather and would be absent from the meeting. She stated the applicant agrees to the conditions. Mr. Elswick called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved Case 16SN0126, subject to the following conditions: 1. The applicants shall be the owners and occupants of the manufactured home. (P) 2. No additional permanent -type living space may be added onto this manufactured home. This manufactured home shall be skirted but shall not be placed on a permanent foundation. (P) Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 16SN0564 In Matoaca Magisterial District, Eagle Construction of Va., LLC requests amendment of zoning (Case 03SN0205) relative to architectural treatment and amendment of zoning district map in a Residential Townhouse (R-TH) District on 12.1 acres located on the east and west line of Kousa Drive, north of Dogwood Villas Drive; also at the eastern terminus of Dogwood Villas Drive, south of Cornus Avenue. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Medium -High Density Residential use (Minimum 4.0 to 8.0 dwellings per acre). Tax IDs 717-671-3770, 3976, 4281, 4466, 4587, 4772, 4893, 4977, 5198, 5283, 5461, 5689, 5767, 5894, 6172, 6356, 6478, 6662, 6684, 6968, 6989, 7273, 7579, 7885 and 8098; and 717-672-5404, 5610, 5915, 6100, 6321, 6405, 6811 and 4514. Mr. Turner presented a summary of Case 16SN0564 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Mark Kukoski, representing the applicant, accepted the recommendation. Mr. Elswick called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Mr. Elswick, seconded by Mr. Winslow, the Board approved Case 16SN0564 and accepted the following proffered conditions: The Applicant hereby amends Textual Statement of Case 03SN0205 by deleting Item 5 as well as amending Proffered Condition 1 of Case 03SN0205 to read as follows: 16-70 02/24/16 1. The architectural treatment of all buildings including materials and style shall be compatible to the elevations and building materials list within Exhibit A, dated December 11, 2015. In addition, the following design elements shall be required: a. Group or ROW Design. i. The maximum number of attached units shall be four (4). ii. Any building elevation adjacent to a public or private right-of-way shall incorporate either: 1. Brick or stone veneer in the area highlighted on the elevations for Exhibit A, or 2. Variation in setbacks from rights- of-way through recessing a portion of each dwelling facing the right- of-way in lieu of varying the setback of each unit. (P) (Staff Note: Except as amended with this case, all other conditions of Case 03SN0205 shall remain in force and effect.) 2. Lot 27 of Section B (GPIN 717-671-8098) shall be built of a comparable elevation and architectural style and elements of neighboring Lot 26 of Section B. (P) 3. Prior to the issuance of the tenth (10) Certificate of Occupancy, the following freestanding signs shall be installed: a. One (1) residential community entrance sign, located generally within the median of Dogwood Park Drive, at the intersection of Hull Street Road. This sign shall be subject to VDOT approval prior to installation. b. One (1) identification sign for the community clubhouse, located generally along Dogwood Villas Drive, adjacent to the community clubhouse facility. (P) (Staff Note: Signs shall meet Zoning Ordinance requirements.) Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 16-71 02/24/16 9 19 9 16SNO571 In Clover Hill Magisterial District, Mark Fernandez and Kinda Parker -Fernandez request conditional use to permit a family day care home and amendment of zoning district map in a Residential (R-7) District on 0.4 acres known as 441 Comstock Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential use (2.0 dwellings/acre or less). Tax ID 745-705-3392. Mr. Turner presented a summary of Case 16SNO571 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Ms. Kinda Parker -Fernandez accepted the recommendation. Mr. Elswick called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Mr. Winslow, seconded by Ms. Jaeckle, the Board approved Case 16SNO571 and accepted the following proffered conditions: 1. Non -Transferable Ownership: This conditional use approval shall be granted to and for Kinda Fernandez, 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) 2. 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 twelve (12) children, other than the applicant's own children or any children that reside in the home, at any one time. (P) 5. Hours of Operation: Hours and days of operation shall be limited to Monday through Friday from 6:30 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 five (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. Outdoor play and/or recreational equipment areas shall have perimeter fencing of at least four feet in height, installed and maintained around the equipment or play area. All equipment for outdoor play areas shall be located no closer than fifteen (15) feet from 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, Jaeckle, Winslow, Holland and Haley. Nays: None. 16-72 02/24/16 19SWO554 (AMENDED) In Matoaca Magisterial District, O.K. Ventures, LLC requests rezoning from Corporate Office (0-2) and Neighborhood Business (C-2) to Multifamily Residential (R -MF) plus conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map on 13.7 acres fronting 740 feet on the east line of North Spring Run Road, 700 feet south of Hull Street Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Medium -High Density Residential (4.0 to 8.0 dwellings per acre) and Neighborhood Business uses. Tax IDs 725 -671 -Part of 5911 and 726 -670 -Part of 1584. Mr. Ryan Ramsey presented a summary of Case 16SN0554 and stated the Planning Commission recommended approval because the high-quality, age -restricted development will integrate with the shopping center to the north; the development provides access from North Spring Run Road to the existing shopping center; and the age -restricted development will have minimal impact on school facilities. He further stated staff recommended denial because the development exceeds residential density suggested as appropriate for the area and it fails to address development impacts. Mr. Andy Condlin, representing the applicant, accepted the Planning Commission's recommendation. He stated the applicant has addressed concerns relative to traffic and vehicular/pedestrian access to the shopping center. In response to Mr. Winslow's question relative to proffers, Mr. Condlin stated in agreement with the property owners, the removal of age -restriction to allow for persons under 19 years of age can be applied in the future. Mr. Elswick called for public comment. There being no one to address the issue, the public hearing was closed. Mr. Elswick made a motion, seconded by Ms. Jaeckle, for the Board to approve Case 16SN0554 and accept the proffered conditions. Ms. Jaeckle stressed the importance of high density in order to attract senior citizens from the surrounding area. She stated senior housing becomes an asset to residential areas. In response to Ms. Jaeckle's question, Mr. Turner stated during discussions to update the Comprehensive Plan, staff needs to take a look at appropriate locations for multi- family and suggest densities that might be a better fit for those particular locations. He further stated concentration needs to be placed on higher -density residential in nodes and major transportation interchanges. He stated the age -wave will eventually subside and there will be a need for housing for younger families. He stressed the importance of diversifying and dispersing housing inventory throughout the county. Ms. Jaeckle stated a sustainable neighborhood with quality housing could continue to thrive with the rotation of age groups. 16-73 02/24/16 19 Mr. Holland commended the efforts of staff for providing statistics to the Board relative to the case. He stated the 55+ age group is expected to increase 57 percent by 2030. He stressed the importance of accommodating housing for senior citizens. Mr. Elswick expressed his appreciation to Mr. Kenneth Jones for investing in Chesterfield County and working with others in the surrounding area. Mr. Elswick then called for a final vote on his motion, seconded by Ms. Jaeckle, for the Board to approve Case 16SN0554 and accept the following proffered conditions: The Owner -Applicant in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successor or assigns, proffers that the development of the property (the "Property") will be developed as set forth below; however, in the event the request is denied or approved with conditions not agreed to by the Owner - Applicant, these proffers shall be immediately null and void and of no further force or effect. The Applicant hereby proffers the following conditions: 1. Master Plan. The textual statement dated December 30, 2015 and the following exhibits, each of which is made a part of these proffers by this reference thereto, shall be considered the Master Plan. b. Exhibit A - Conceptual site plan entitled "Spring Run Age -Restricted, Master Plan for Rezoning", prepared by AES Consulting Engineers, dated August 3, 2015, and last revised December 17, 2015. c. Exhibit Al - Elevations entitled "Spring Run Senior Housing", prepared by Commonwealth Architects, and dated April 20, 2015. (P) 2. Density. There shall be a maximum of one hundred thirty-six (136) dwelling units. (P) 3. Age Restriction. Except as otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Act, and such other applicable federal, state or local legal requirements, all dwelling units shall be restricted to "housing for older persons" as defined in the Virginia Fair Housing Law and no persons under 19 years of age shall reside therein. (P) 4. Access. Direct vehicular access from the Property to Spring Run Road shall be limited to one (1) entrance/exit (the "Main Access") and one (1) emergency only access, as generally depicted on Exhibit A, unless otherwise approved by the Transportation Department. The exact location of these accesses shall be approved by the Transportation Department. Prior to any site plan approval, an access easement, acceptable to the 16-74 02/24/16 Transportation Department, shall be recorded across the property to provide shared use of the Main Access with adjacent properties to the north, GPIN 725-671-5911 and 725-671-9022 (the "Adjacent Properties"). Nothing herein shall preclude indirect access from the Property to Spring Run Road through the Adjacent Properties. (T) 5. Private Access Road Connection to Shoppinq Center. Prior to issuance of any occupancy permit, a private access road connection to the adjoining shopping center, located at GPIN 725-671-5911, shall be completed, as determined by the Planning Department. ( P ) 6. 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 northbound lane of Spring Run Road at the Main Access to provide a separate right turn lane. b. Construction of a sidewalk along the east side of Spring Run Road for the entire Property frontage. c. 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. (T) 7. Impacts. For each dwelling unit, the applicant, sub -divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit, for infrastructure improvements within the service district for the property, unless state law prevents enforcement of that timing: a. $11,152 per dwelling unit (reflecting the maximum allowable cash proffer per the Board's current policy less the portion of the calculation attributable to schools) 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. At the time of payment, the amount will be allocated pro -rata among the facility categories for parks and recreation, fire, libraries, and roads. 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. 16-75 02/24/16 9 19 I M c. Cash proffer payments purposes proffered or by law. (B&M) shall be spent for the as otherwise permitted 8. Architectural Treatment. The architectural treatment of and exterior materials for the buildings on the Property shall be compatible and consistent with the elevations identified as Exhibit Al, with the following provisions: a. Vinyl siding shall be prohibited, provided shake patterned vinyl shall be permitted in gable roof areas only. b. Roof materials shall be architectural dimensional shingles with a minimum of a thirty (30) year warranty. C. Exterior building materials for the apartment building shall be a minimum of 30% stone veneer, excluding window area. The remainder of the exterior facade shall be fiber cement board (Hardiplank) siding. d. Exterior building materials for the cottages shall be a minimum of 25% stone veneer, excluding window area. The remainder of the exterior facade shall be fiber cement board (Hardiplank) siding. e. Exterior building materials for the clubhouse building shall be a minimum of 50% stone veneer, excluding window area. The remainder of the exterior facade shall be fiber cement board (Hardiplank) siding. (P) 9. Concept Plan Requirements. The site shall be designed as generally depicted on the Concept Plan (Exhibit A). However, the exact location of buildings, parking and other improvements may be modified provided that the general intent of the plan is maintained. All dwelling units shall be configured within a single apartment structure or as attached cottage (clustered) units and shall be located generally in the areas as depicted on Exhibit A. (P) 10. Building Heights. The apartment structure shall be a maximum of four (4) stories, with no individual story to exceed twelve (12) feet in height. Attached cottages shall be a maximum of two (2) stories. (P) 11. Clubhouse and Amenities. Prior to the certificate of occupancy for more than 100 dwelling units, amenities including, but not limited to, a clubhouse and pool shall receive a certificate of occupancy. The clubhouse shall contain a minimum of 3,500 gross square feet. Provided further, any sales or leasing office within the clubhouse shall not exceed twenty-five (25) percent of the clubhouse's gross square footage. (P) 16-76 02/24/16 12. Focal Point. The area designated on Exhibit A as "PEDESTRIAN AREA" shall be designed to include pedestrian scale amenities, such as, but not limited to: decorative paving units; gazebo; decorative pedestrian -style lighting; benches; landscaped areas; plantings; bike racks; plazas; water features; gathering areas; walking trails located within common area or open space and other pedestrian elements. The exact design and location of these amenities shall be approved by the Planning Department at the time of site plan review. (P) 13. Street Trees. Street trees, consisting of large deciduous trees planted a maximum of forty (40) feet on center, shall be planted along each side of the interior access roads and common driveways as generally shown on Exhibit A. Spacing may be increased where there is a conflict with utilities, sightlines, and driveway areas. (P) 14. Restriction on Children's Plav Facilities. The common area/ recreational amenities associated with any multifamily use shall not include playground equipment, play fields or other facilities primarily associated with children's play. (P) 15. Buffers and Landscaping. a. A twenty-five (25) foot buffer shall be provided along the northern property line and on adjoining parcels to the north (portions of GPIN 725-671-5911 and 725-671-9022), generally as depicted on Exhibit A. Any portion of the buffer that is located off-site shall be located within a maintenance easement to ensure that the long term maintenance and preservation of the landscaping by the owner of the Property. Such buffer may be disturbed for the purpose of site grading provided it shall be planted in accordance with the following standards: 1. Planting requirements for the buffer shall meet the fifty (50) foot buffer treatment requirements outlined by the Zoning Ordinance where vegetation does not exist or is approved for removal. The following exceptions to these standards shall be permitted: Evergreen trees shall be substituted for one hundred (100) percent of the required small deciduous trees. 2. A four (4) foot high berm with a maximum side slope of 3:1 may be installed, at the option of the developer. 16-77 02/24/16 W, 9 9 b. A 50' buffer shall be required along Spring Run Road. A variable width undulating berm with an average height of three (3) feet shall be installed within this buffer, as approved by the Planning Department at the time of site plan approval. c. A durable and opaque fence, a minimum of six (6) feet in height, shall be provided in the general locations as shown on Exhibit A. The location and design of the fence shall be reviewed and approved at time of site plan submittal. d. A decorative fence, a minimum of three (3) feet in height, shall be provided within the buffers along the southern and eastern property lines in the general locations as shown on Exhibit A. The location and design of the fence shall be reviewed and approved at time of site plan submittal. e. A decorative fence, a minimum of three (3) feet in height, shall be provided within the buffer along Spring Run Road. The location and design of the fence shall be reviewed and approved at time of site plan submittal. (P) 16. Landscaping. Landscaping shall be provided around the perimeter of all buildings, between buildings and driveways, within medians, and within common areas not occupied by recreational facilities or other structures. Landscaping shall comply with the requirements of the Zoning Ordinance. (P) 17. Lighting. Other than in the parking lot for the apartment structure, all site lighting shall be pedestrian scale lighting not to exceed a height of twelve (12) feet. Parking lot lighting for the apartment structure shall not exceed a height of twenty (20) feet. All lighting on the site shall be shielded and designed to orient light in a downward fashion so as not to cause direct view of the light source from the apartment units, the individual homes, adjacent properties or public streets. (P) 18. Sidewalks and Trails. An internal system of sidewalks, trails, and crosswalks where necessary, shall be constructed within the development in the locations generally shown on Exhibit A and shall include an internal pedestrian connection to the adjacent shopping center (GPIN 725-671-5911). All trails shall be paved with asphalt. (P) 19. Timbering Restrictions. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been 16-78 02/24/16 obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) 20. Burning Ban. The Developer shall not use burning to clear or timber the Property. (EE) 21. Maintenance of On -Site Improvements. On-site improvements shall be properly maintained and repaired including, but not limited to, paving and sidewalks, landscaping, lighting, and facade finishes. All areas of pavement shall be maintained without pot holes and ruts. (P) 22. Storm Sewer Facilities. a. The existing storm sewer facility which drains from GPIN 725-671-5911 will be re -aligned to match the proposed layout set forth on Exhibit A and will discharge into the proposed stormwater management facility serving the Property. b. The existing storm sewer into which this project drains would establish the required storage volume and outflow capacity of the proposed stormwater management facility serving the Property. The existing system in Antler Ridge Section 2, Antler Ridge Section 4, and Deer Run Section 4 should be analyzed to the point where the system discharges into the large paved ditch approximately 220 feet downstream from Key Deer Drive in Deer Run Section 4. The analysis of this system will establish the required storage volume and outflow capacity of the proposed stormwater management facility serving the Property. c. The , peak discharge rate from a 100 year storm going into the existing storm sewer from the proposed stormwater management facility serving the Property would have to be below a rate that would cause a storm sewer surcharge in the existing downstream subdivisions. d. Any proposed stormwater management facility located on the Property will be designed as a dry pond with no manmade compacted embankment. If some level of manmade embankment is necessary, a dam failure analysis may be required showing no homes will be detrimentally impacted. In addition, the dam embankment should include, but not be limited to, a clay core or syphon structure. 23. Restrictive Covenant. Restrictive covenants on Property shall any certificate following item: be recorded prior to the issuance of occupancy and shall include the of the a. Hours of Operation for Community Clubhouse - The hours of operation for the community clubhouse shall be limited to 5:30 AM to 11:00 PM, daily. Hours of operation for the community clubhouse may be extended until 12 Midnight on the following holidays: Memorial Day, Fourth of July and New Year's Eve. (P) Ayes: Elswick, Jaeckle, Winslow; Holland and Haley. Nays: None. 16-79 02/24/16 9 9 16SN0568 In Bermuda Magisterial District, Barney McLaughlin requests rezoning from Residential (R-12) to Agricultural (A) plus conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map on 12.6 acres fronting 72 feet on the north line of Enon Church Road, 665 feet west of Cobbs Point Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax IDs 818-644-4160 and 819-644-0125. Mr. Ramsey presented a summary of Case 16SN0568 and stated the Planning Commission recommended approval because the proposal is less intense than the previously approved tentative plat and the proposed subdivision is consistent with existing development along Enon Church Road. He further stated staff recommended denial because the proposed rezoning and exceptions to the zoning requirements circumvent adopted standards for orderly single-family development and agricultural uses are not suggested as appropriate for the area by the Comprehensive Plan. Ms. Jaeckle expressed concerns relative to the applicant's absence and asked the Chairman to defer the matter until after the public hearing relative to an eminent domain to allow staff to contact the applicant. 17. PUBLIC HEARINGS 17.A. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF EASEMENTS FOR THE ROUTE 60 (ALVERSER DRIVE TO OLD BUCKINGHAM ROAD) WIDENING 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 easements for the Route 60 (Alverser Drive to Old Buckingham Road) Widening Project. He further stated on October 6, 2011, the Board authorized staff to proceed with the Route 60 (Alverser Drive to Old Buckingham Road) Widening Project, including acquisition of right-of-way and easements. He stated the scope of the work for Curtis Contracting, Inc. on the design -build project includes finalizing the design, acquiring the right-of-way, relocating utilities, and constructing the project. He further stated some sections of the project are currently under construction as the design is finalized and right-of-way is acquired on those sections of the project. He stated the county has contacted the property owner's attorney numerous times, and diligent efforts to obtain a voluntary conveyance from the owner have failed. He stated staff will continue to negotiate with the property owner in an attempt to reach a settlement after the certificate is filed, and, if requested, the owner will be paid the county's appraised value for the property prior to the condemnation hearing. In response to Ms. Jaeckle's question, Mr. Smith stated the lawyer called again today; however, a counteroffer for the acquisition has never been presented. He further stated staff has also been in touch with the heirs. 16-80 02/24/16 In response to Mr. Winslow's question, Mr. Smith stated if the Board proceeds with eminent domain, a certificate of deposit will be filed with the court, which will allow the county to immediately enter and use the easements so the project can proceed without delay. He noted staff will continue to negotiate with the property owners. Mr. Mincks stated the property owner has the ability to bring action against the county to have the value ascertained and paid. He further stated there is no rush in that regard because the project has already been completed. In response to Mr. Winslow's question, Mr. Smith stated there is ample time to resolve the issue without issuing eminent domain. In response to Mr. Holland's question, Mr. Smith stated the county will continue to negotiate with the property owners in active dialogue for as long as possible. He further stated the project needs to be closed out in order for commercial development to continue in the area. Ms. Haley stated the improvements are aesthetically pleasing to the property. She further stated she is hopeful a positive resolution can be made before proceeding to court. She stressed the importance of completing the project without delay. Mr. Elswick called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Ms. Haley, seconded by Mr. Holland, the Board authorized the eminent domain including the filing of a certificate of deposit for the acquisition of easements on the subject parcel located at 12605 Midlothian Turnpike from the heirs of Christine H. Goode for the Route 60 (Alverser Drive to Old Buckingham Road) Widening Project. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 199NO568 In Bermuda Magisterial District, Barney McLaughlin requests rezoning from Residential (R-12) to Agricultural (A) plus conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map on 12.6 acres fronting 72 feet on the north line of Enon Church Road, 665 feet west of Cobbs Point Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax IDs 818-644-4160 and 819-644-0125. Mr. Ramsey stated the applicant was not able to attend the meeting due to severe weather conditions. He further stated he was agreeable to the proffered conditions. 16-81 02/24/16 91 19 9 R Mr. Elswick called for public comment. There being no one to address the issue, the public hearing was closed. Ms. Jaeckle stated the community was supportive of the proposal and the applicant has agreed to the proffered conditions. Ms. Jaeckle then made a motion, seconded by Mr. Winslow, for the Board to approve Case 16SNO568 and accept the following proffered conditions: 1. Density. A maximum of three (3) single-family dwelling units shall be permitted. Each dwelling shall be located on an individual lot. (P) 2. Lot Area. The minimum lot area for Lots 2 and 3, as shown on Exhibit A, shall be one and half (1.5) acres. (P) 3. Road Frontage & Access. a. No public road frontage shall be required for a dwelling located on Lots 1 and 2, as shown on Exhibit A. b. A minimum of seventy (70) feet of public road frontage shall be provided for Lot 3, as shown on Exhibit A. C. Access to lots with no public road frontage shall be provided in accordance with Proffered Conditions 4, 5 and 6. (P) 4. Easement. Prior to approval of a building permit, the property owner shall provide a copy of a recorded instrument which will include the following: a. A condition that shall require that no structure or fence shall be constructed to block the access. b. A condition that shall require the land owner of the subject property to be responsible for maintenance of the access. c. A thirty (30) foot private access easement from Point A to Point B to Point C, as generally shown on Exhibit A. (P) 5. Driveway Standards. A twenty (20) foot wide driveway shall be constructed and maintained to all weather standards from Point A to Point B to Point C in accordance with the following standards: a. This driveway shall consist of not less than the following: compacted soil sub -base with six (6) inches of compacted 21-B crushed stone, if an asphalt based surface is to be applied, it shall be designed and constructed to Chesterfield County subdivision street requirements or an equivalent design approved 16-82 02/24/16 by the Subdivision Team, capable of supporting the projected 75,000 pound vehicle weight and shall be maintained to this standard. The driveway shall not be approved if it is rutted or potholed. b. There shall be an additional one and a half (1.5) foot clear area beyond the edge of the driveway. c. There shall be a minimum vertical clearance of fourteen (14) feet of area above the driveway. d. The driveway shall have a maximum grade of ten (10) percent with an appropriate transition at the street connection. e. The minimum inside turning radius for any curve shall be twenty-seven (27) feet. f. Any cross drains shall be designed to accommodate a minimum ten (10) year storm. g. The final delineation of Point B to Point C, if the property is subdivided, shall be confirmed at time of subdivision plat review. (P) 6. Driveway Inspection. Prior to issuing a Certificate of Occupancy, the Planning Department shall inspect this driveway to determine compliance as set forth above. (P) 7. Drainage Design. An engineered drainage design will be required for site development of the home sites. a. The drainage design shall account for the maximum obtainable elevation of stormwater inundation behind Enon Church Road and the railroad tracks to the north. b. Home sites shall be engineered and prepared such as they are at a minimum, of 25 feet horizontally and 1 -foot vertically from the area of inundation behind these embankments. C. The ground slope between these maximum areas of inundation and the building envelope shall be no flatter than lo. d. The crawl space elevation within the building will be 1 -foot above the elevation of the outside of the building. e. Minimum floor elevations shall be 1 -foot above the highest obtainable water surface elevation. (EE) 8. Stormwater Discharge. For any required road construction in the Johnson Creek Watershed, the post -development 2, 10 and 100 year stormwater discharge shall not exceed the predeveloped 2, 10 and 100 year stormwater discharge, respectively. (EE) Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 16-83 02/24/16 9 PE 91, 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 UNSCHEDULFn 1rJA'1"1'�RS There were no requests to address the Board at this time. 20. ADJOURNMENT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adjourned at 7:04 p.m. until March 7, 2016, at 5:00 p.m. for dinner in Room 502 followed by a budget work session at 6:00 p.m. in the Public Meeting Room. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. t� ' ounty • I q - Step n A. Elswick Chairman 16-84 02/24/16 9 9 F: