The URL can be used to link to this page

2016-06-22 MinutesBOARD OF SUPERVISORS MINUTES June 22, 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. T. Haley Mr. James J. L. Stegmaier County Administrator 16-432 Staff in Attendance: Mr. Greg Akers, Dir., Internal Audit Mr. Mike Bacile, Dir., Purchasing Ms. Janice Blakley, Clerk to the Board Mr. Kevin Bruny, Dean, Chesterfield University Ms. Debbie Burcham, Exec. Dir., Community Services Board Ms. Jana Carter, Dir., Juvenile Services Mr. Allan Carmody, Dir., Budget and Management Mr. Barry Condrey, Chief Information Officer, IST Mr. Jonathan Davis, Dir., Real Estate Assessment Mr. William Dupler, Dep. County Administrator, Community Development Colonel Thierry Dupuis, Police Department Mr. John Harmon, Real Property Manager Mr. Garrett Hart, Dir., Economic Development Mr. George Hayes, Dir., Utilities Department Mr. Phil Innis, Int. Dir., Parks and Recreation Mr. Rob Key, Dir., General Services Mr. Louis Lassiter, Asst. County Administrator Sheriff Karl Leonard, Sheriff's Department Mr. Mike Mabe, Dir., Library Mr. Stylian Parthemos, Deputy County Attorney Ms. Susan Pollard, Dir., Public Affairs Ms. Kiva Rogers, Dir., Social Services Ms. Mary Martin Selby, Dir., HR Services Chief Loy Senter, Fire and EMS Mr. Scott Smedley, Dir., Environmental Engineering 06/22/16 Mr. Jesse Smith, Dir., Transportation Ms. Sarah Snead, Dep. County Administrator Human Services Mr. Richard Troshak, Dir., Emergency Comm. Center Mr. Kirk Turner, Dir., Planning Mr. Rick Witt, Building Official Mr. Scott Zaremba, Dir., Human Resources Programs 1. APPROVAL OF MINUTES 1.A. MAY 13, 2016 JOINT BOARD OF SUPERVISORS/SCHOOL BOARD RETREAT 1.B. MAY 18, 2016 JOINT CLOSED SESSION WITH SCHOOL BOARD AND CAPITAL CONSTRUCTION GOALS AND ACCOUNTABILITY COMMITTEE 1.C. MAY 25, 2016 REGULAR MEETING On motion of Ms. Haley, seconded by Mr. Holland, the Board approved the minutes of May 13, 2016, May 18, 2016 and May 25, 2016, as submitted. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT Mr. Johnny Partin, board member of the Friends of the Lower Appomattox River, gave a brief presentation to the Board. He stated it is the mission of the Friends of the Lower Appomattox River to enhance, preserve, and encourage the wise use of the Lower Appomattox River. He stated FOLAR invests in developing the greenway-blueway trail network, enhancing the river and public access to it, and organizing cleanups and other events that protect the river. He stated the organization is made up of representatives appointed from the six localities, the stakeholders and Virginia State University. He further stated FOLAR members have held 15 river clean-ups and participated with other organizations in events that promote environmental awareness. Mr. Holland, Ms. Jaeckle and Mr. Elswick commended FOLAR's efforts of cultivating investments into community infrastructure, developing communication and outreach and promoting and execution of special community events. Mr. Stegmaier reported last month, on May 16, the county welcomed 17 graduate and undergraduate students to the 2016 summer internship program. He stated the goal of the internship program is to provide students with a unique opportunity to learn how local government departments and agencies operate. He further stated this year's interns come from a number of colleges and universities throughout Virginia in addition to an intern with 22 years of prior military service. He then asked the interns to stand and be recognized. 16-433 06/22/16 Ic It PC A • Mr. Stegmaier shared a short video from county staff to remind citizens to be prepared for the upcoming hurricane season. Mr. Matt Harris, Assistant Director for Budget and Management, provided a brief update to the Board regarding community engagement efforts planned this summer relative to the budget. He stated Blueprint Chesterfield is a framework that helps to better organize longstanding county practices related to budget and strategic planning into a more coordinated and understandable system. He further stated Blueprint also serves as a communications tool to more effectively discuss the county's strategic mission, both internally and with the community, and facilitate more meaningful dialogue. He stated Blueprint Chesterfield was first implemented in FY2015, following the rollout of a newly updated strategic plan. He further stated building upon the initial framework, other parts have organically emerged and evolved, now becoming part of the overall system. He reviewed the summer work plan to engage the public through community open houses, workshops, in-person surveys and direct one-on- one contact with residents as planned community events and business functions. Mr. Holland commended the innovation's goal to engage and educate the community as often as possible relative to the five-year plan and other county matters. In response to Mr. Holland's remarks, Mr. Harris stated staff will be in all magisterial districts over the course of the campaign in an effort to involve all aspects of the citizenry. Ms. Jaeckle expressed concerns relative to the timeframe of upcoming community open house meetings. She stated anytime there is a chance for vendors to set up at various county events, staff should also have a booth with the purpose of gaining additional input from citizens relative to county issues. In response to Ms. Jaeckle's comments, Mr. Harris stated the online and social media campaigns are an ongoing process with future opportunities in place to collect data from the citizenry. He further stated eventually information will need to be gathered to present to the Board. Ms. Jaeckle suggested having Communications and Media staff coordinate with Budget and Management staff relative to upcoming county events. In response to Ms. Jaeckle's remarks, Ms. Haley commended the online survey process being very succinct to county issues the Board wishes to capture and enabling citizens to provide valuable feedback relative to the budget. Mr. Harris stated Budget and Management staff plans to coordinate with School Administration and Communications and Media to identify future event opportunities. He noted the survey is customized to work on mobile devices recognizing that citizens plan vacations during the summer months. 16-434 06/22/16 Mr. Winslow commended Mr. Harris and Budget and Management staff for their efforts relative to the communications tool to more effectively discuss the county's strategic mission. In response to Ms. Haley's question, Mr. Harris stated the online survey will be accessible to the public on June 28. Mr. Elswick expressed appreciation to Mr. Harris and Budget and Management staff for their outstanding efforts and diligence relative to the process. • Mr. Stegmaier announced last week the county sold approximately $48 million in new money bonds (related to the school referendum and the public safety communications system) and refunded an additional $53 million in prior issuances to take advantage of more favorable interest rates. He stated the refunding generated present value debt service savings of more than $4.6 million with a blended interest rate of 1.89 percent. He further stated on the utility side, an additional $53.7 million of outstanding debt was refunded, which produced savings in excess of $9 million. • Mr. Stegmaier announced from December 2014 to December 2015, employment increased in 308 of the 342 largest U.S. counties, the U.S. Bureau of Labor Statistics reported recently. He stated during that period, Chesterfield County added jobs at the fourth -fastest rate in the country. He further stated from the 4th quarter of 2014 to the 4th quarter of 2015, employment in Chesterfield County grew by 6.0 percent. 2.B. RE -CERTIFICATION OF CHESTERFIELD COUNTY AS A CERTIFIED CRIME PREVENTION COMMUNITY • Mr. Stegmaier reported on June 27, 2012, the Board of Supervisors adopted a resolution supporting Chesterfield County's participation in the Virginia Department of Criminal Justice Services Certified Crime Prevention Community Program. He stated the program recognizes the overall efforts, and support, from all aspects of county government, including the Police Department, Sheriff's Office, public schools and courts system, to enhance the safety and quality of life of all members of the community. He further stated in March 2013, the county met the standards to obtain the certified crime prevention community certification. He then welcomed Ms. Francine Ecker, Director of the Department of Criminal Justice Services, who presented the official plaque and certificate to Chairman Elswick and Colonel Dupuis. Mr. Elswick and Colonel Dupuis expressed appreciation to Ms. Ecker for the special recognition and commended the exemplary efforts of the county's public safety departments. 16-435 06/22/16 19 It 9 A 3. BOARD MEMBER REPORTS Mr. Holland noted his approval of the general obligation and utilities bond rating and Chesterfield's job growth mentioned by Mr. Stegmaier in his opening comments. Ms. Haley announced the Midlothian District held a well - attended community meeting with Parks and Recreation staff regarding scholastic rowing clubs at Robious Landing Park on June 14tH Mr. Winslow expressed appreciation to the Transportation Department for their efforts and outreach relative to Lucks Lane construction. Mr. Elswick congratulated Mr. Brad Cooper and Steam Bell Beer Works on their June 11 grand opening and encouraged the public to visit the brewery. He expressed appreciation to the Chesterfield Police Department, Fire and EMS, Virginia State Police and the Emergency Communications Center for hosting the Boots vs. Badges Softball Game to benefit slain State Trooper Chad Dermyer's family on June 18th at Matoaca Park. Mr. Winslow noted he attended school with Trooper Dermyer's wife and expressed his condolences for the family's loss. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Winslow, seconded by Mr. Holland, the Board replaced Item 8.C.11., Approval of the Purchase of Parcels of Land for the Beulah Elementary School Replacement; and added Item 8.C.26., Approval by the Board of Supervisors of the Appointment of Rebecca T. Dickson as Part -Time Interim Deputy County Administrator for Management Services. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 5. RESOLUTIONS There were no Resolutions at this time. 6. WORK SESSIONS 6.A. REVIEW OF 2016 GENERAL ASSEMBLY LEGISLATION Mr. Mincks summarized the 2016 General Assembly legislative changes requiring Board action, as well as optional legislative changes permitting Board action, and provided staff's recommendations for the legislative changes. On motion of Mr. Holland, seconded by Ms. Haley, the Board referred to the Planning Department for recommendation 16-436 06/22/16 legislative changes relative to amending the County Code to allow certain conditions to apply for zoning without charge. And, further, the Board set the date of August 24, 2016, for a public hearing for consideration to amend the County Code to extend property tax exemptions for the principal residences of certain 100 percent disabled veterans and surviving spouses of members of the armed forces killed in action to include certain real property improvements made on the land surrounding such residences. And, further, the Board set the date of August 24, 2016, for a public hearing for consideration to amend the County Code to provide that the real property tax exemption for the 100 percent disabled veteran, or the residence of the spouse of a service member killed in action, includes a manufactured home. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. Mr. Elswick requested information prior to setting a public hearing relative to the number of bomb threats received per year and specific ramifications of the offense. In response to Mr. Holland's question regarding SB 527, Mr. Mincks stated he would obtain information relative to who sponsored the bill and which locality it derived from. In response to Mr. Winslow's question regarding HB 1032, Mr. Mincks stated the bill allows a locality to impose a $250 penalty annually on a motor vehicle owner who resides in the locality but will not register his vehicle in Virginia. The Board took no action relative to HB 1032. On motion of Mr. Holland, seconded by Mr. Winslow, the Board referred to the County Attorney for review and setting a public hearing to amend the County Code to provide that a person convicted of a felony violation of the state bomb threat statues shall be liable for the reasonable expense, not to exceed $1,000, of an appropriate emergency response to the threat. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 7. DEFERRED ITEMS There were no Deferred Items at this time. 16-437 06/22/16 9 It It A 8. NEW BUSINESS 8.A. CONFIRMING THE SELECTION OF DR. JOSEPH P. CASEY AS CHESTERFIELD COUNTY ADMINISTRATOR On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board confirmed the selection of Dr. Joseph P. Casey as Chesterfield County Administrator. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.B. APPOINTMENTS On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board suspended its rules to allow simultaneous nomination /appointment/reappointment of members to the Appomattox River Water Authority Board, South Central Wastewater Authority Board, Greater Richmond Partnership, Senior Connections Board, Children's Service Act, Community Policy and Management Team, Economic Development Authority for the County of Chesterfield, Chippenham Place Community Development Authority, Chesterfield -Colonial Heights Social Service Board, Community Criminal Justice Board, Richmond Region Transportation Planning Organization's Citizen Transportation Advisory Committee and Ridefinders Board. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.B.1. VARIOUS BOARDS AND COMMISSIONS APPOINTMENTS On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board simultaneously nominated/ appointed Dr. Joe Casey to serve on the Appomattox River Water Authority Board and South Central Wastewater Authority Board, whose term is effective July 1, 2016, and will expire on November 21, 2017. And, further, the Board simultaneously nominated/appointed Dr. Joe Casey to serve on the Greater Richmond Partnership, whose term is effective July 1, 2016, and will expire on December 31, 2019. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.B.2. SENIOR CONNECTIONS BOARD On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board simultaneously nominated/reappointed Ms. Sarah Snead to serve on the Senior Connections Board, whose term is effective July 1, 2016, and will expire on June 30, 2019. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 16-438 06/22/16 8.B.3. COMMUNITY POLICY AND MANAGEMENT TEAM On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board simultaneously nominated/appointed Mrs. Danika Briggs to serve on the Community Policy and Management Team, whose term is effective immediately, and will expire on December 31, 2016. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.B.4. ECONOMIC DEVELOPMENT AUTHORITY On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board simultaneously nominated/ reappointed Mr. John Hughes and Mr. Harril Whitehurst to serve on the Economic Development Authority, whose terms are effective July 1, 2016, and will expire on June 30, 2020. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.B.5. CHIPPENHAM PLACE COMMUNITY DEVELOPMENT AUTHORITY On motion of Mr. Holland, seconded by Mr. Winslow, the Board simultaneously nominated/reappointed Mr. John Pettengill, Ms. Chris Zitzow, Mr. Quenton Lee, Mr. Jay Lafler and Mr. Sam Kaufman to serve on the Chippenham Place Community Development Authority, whose terms are effective July 1, 2016, and will expire on June 30, 2020. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.B.6. CHESTERFIELD -COLONIAL HEIGHTS SOCIAL SERVICES BOARD On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board simultaneously nominated/reappointed Mr. Andrew Crowder to serve on the Chesterfield -Colonial Heights Social Services Board, whose term is effective July 1, 2016, and will expire on June 30, 2020. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.B.7. COMMUNITY CRIMINAL JUSTICE BOARD On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board simultaneously nominated/appointed/reappointed The Honorable Frederick G. Rockwell, III, The Honorable Keith N. Hurley, The Honorable William W. Davenport, Colonel Thierry G. Dupuis, Mr. Edward Lee Coble, Mr. Stephen Mutnick, Mr. Robert Talley,- The Honorable Todd B. Wilson, Colonel Jeffrey W. Faries, Mrs. Eileen Brown and Ms. Rachel Gillus to serve on the Community Criminal Justice Board, whose terms are effective July 1, 2016, and will expire on June 30, 2018. Ayes: Elswick, Jaeckle, Holland and Haley. Nays: None. 16-439 06/22/16 19 PE It Mr. Winslow declared that he was disqualifying himself from voting due to the fact that Mr. Stephen Mutnick is an attorney in his law firm. 8.B.8. RICHMOND REGION TRANSPORTATION PLANNING ORGANIZATION'S CITIZEN TRANSPORTATION ADVISORY rOMMTTTF.F. On motion of Mr. Holland, seconded by Mr. Winslow, the Board simultaneously nominated/reappointed/appointed Mr. Herbert Richwine and Mr. Jonathan Jackson as at -large representatives, and Ms. Billie Robinson, as the alternate representative, to serve on the Richmond Region Transportation Planning Organization's Citizen Transportation Advisory Committee, whose terms are effective immediately, and will expire on June 30, 2018. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.B.9. RIDEFINDERS BOARD On motion of Mr. Holland, seconded by Ms. Haley, the Board simultaneously nominated/appointed Ms. Chessa Faulkner to serve on the Ridefinders Board, whose term is at the pleasure of the Board. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.C. CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTIONS 8.C.l.a. RECOGNIZING DR. PARHAM JABERI FOR HIS SERVICE TO CHESTERFIELD COUNTY On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board adopted the following resolution: WHEREAS, Dr. Parham Jaberi is the Director of Chesterfield County's Health Department, overseeing the local public health efforts mandated by the Virginia Department of Health to protect and preserve the health of the community and providing oversight to public health programs including environmental health, women's health, children's health, communicable disease investigation and response, the WIC (Women, Infants and Children) program, and school health services as well as the Emergency Preparedness and Response program; and WHEREAS, Dr. Jaberi received a B.A. from Johns Hopkins University, his Master of Public Health from Tulane University, his medical doctorate from the University of Maryland and is Board-certified in Public Health and General Preventive Medicine; and 16-440 06/22/16 WHEREAS, in 2012, Dr. Jaberi was the recipient of the SAFE (Substance Abuse Free Environment) "Sharyl W. Adams" award in recognition of exemplary contributions to community engagement for prevention of substance abuse; and WHEREAS, Dr. Jaberi served as a member on various boards and commissions including the State Substance Abuse Services Council, the Lucy Corr Village Health Center Commission, the School Health Advisory Board, and the Substance Abuse Free Environment (SAFE); and WHEREAS, during Dr. Jaberi's tenure, the Chesterfield Health Department established itself as a consistent leader in the state in the provision of public health priorities including accounts receivable for clinical services, childhood immunizations, and environmental health services; in addition he oversaw the successful expansion of the WIC program through the establishment of a satellite clinic and guided the Department through an internal organizational restructure based on statistical analysis and customer surveys that resulted in efficiencies and improved service delivery; and WHEREAS, Dr. Jaberi maximized partnerships within the community by providing leadership and involvement in the Substance Abuse Free Environment (SAFE) Board and provided support to the Chesterfield Coalition for Active Children (COACH) through the Health Department's implementation of Girls on the Run, a positive youth development program; the School Health Advisory Board and other community organizations; in addition, Dr. Jaberi coordinated and hosted several large-scale successful community outreach events including the Central Virginia Community Health Fair and the Enon community door-to-door campaign; and, WHEREAS, Dr. Jaberi provided leadership, expertise and coordination of services to support Chesterfield County's response to several emergencies including hurricanes Irene and Sandy by collaborating with the Department of Social Services to provide medical services for local shelters to aid the residents of the County; and, WHEREAS, having devoted over five years of public service to the citizens of Chesterfield County, Dr. Jaberi has exemplified outstanding leadership, vision and dedication. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the exemplary achievements of Dr. Jaberi, thanks him for innumerable contributions to the citizens of Chesterfield County and extends to him heartfelt appreciation and best wishes in his future endeavors. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 16-441 06/22/16 9 P] It A A 8.C.l.b. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 8.C.l.b.l. CORPORAL DAVID E. FORD, POLICE DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board adopted the following resolution: WHEREAS, Corporal David E. Ford will retire from the Chesterfield County Police Department on July 1, 2016, after providing nearly 28 years of outstanding quality service to the residents of Chesterfield County; and WHEREAS, Corporal Ford 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 Ford also served as field training officer, breathalyzer operator and evidence technician; and WHEREAS, Corporal Ford was selected as the 2008 Police Officer of the Year; and WHEREAS, Corporal Ford has served as the off duty employment coordinator, successfully managing the law enforcement needs of many businesses within the county by overseeing police manpower resources; and WHEREAS, Corporal Ford was the recipient of a Life Saving Award for his heroic and highly professional response to a suicide call which resulted in the prevention of the combative subject from accomplishing his goal of harming himself; and WHEREAS, Corporal Ford was awarded the Meritorious Service Award for his participation on the Police Department's Centennial Committee, which was tasked with developing a plan to research, document and celebrate the Chesterfield Police Department's 100 -year anniversary, and the committee's work left a lasting mark on both the future and past of the department; and WHEREAS, Corporal Ford was the recipient of a Chief's Commendation for the capture of a breaking and entering suspect after a foot pursuit, where his working knowledge of the area led to the apprehension of the fleeing suspect and through interrogation, subsequently led to the clearance of six additional burglaries in the vicinity; and WHEREAS, Corporal Ford is recognized for his 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; and 16-442 06/22/16 WHEREAS, Corporal Ford has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Corporal Ford 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 Ford's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal David E. Ford, 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. 8.C.1.b.2. MR. FORREST J. MITCHELL IV, UTILITIES DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board adopted the following resolution: WHEREAS, Mr. Forrest J. Mitchell IV will retire from Chesterfield County Utilities Department on July 1, 2016; and WHEREAS, in 1976, Mr. Mitchell began his public service with Chesterfield County working as a Draftsman I; and WHEREAS, Mr. Mitchell received several promotions while working for the department that included serving as a Draftsman II, a Draftsman III, a Drafting/Design Technician, and as an Engineering Assistant from 1988 until his retirement; and WHEREAS, Mr. Mitchell completed coursework to earn an Associate Degree in Applied Science with a major in Civil Engineering from J. Sargeant Reynolds Community College in 1989; and WHEREAS, in 1992, Mr. Mitchell was acknowledged for his exemplary efforts and contributions towards the successful administration of the department's Pretreatment Program; and WHEREAS, in 1997, Mr. Mitchell received an honorable mention for his entry "Quality Today for a Quality Tomorrow" in the Quality Month Theme Contest; and WHEREAS, Mr. Mitchell focused on and provided world- class customer service, consistently meeting or exceeding expectations by assuring that all customers' needs and expectations were met in an expeditious, courteous and effective manner; and 16-443 06/22/16 It P] A WHEREAS, throughout his career with Chesterfield County, Mr. Mitchell displayed unparalleled dependability, aptitude, good character and values. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Forrest J. Mitchell IV, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for 40 years of exceptional service to the county. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.C.1.b.3. MS. JOYCE E. VANETTEN, UTILITIES DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board adopted the following resolution: WHEREAS, Ms. Joyce E. VanEtten will retire from Chesterfield County Utilities Department on July 1, 2016; and WHEREAS, in 1990, Ms. VanEtten began her public service with Chesterfield County working as a senior clerk typist/receptionist; and WHEREAS, Ms. VanEtten increased her responsibilities while working for the Utilities Department serving as a senior office assistant and as a secretary from 2007 until her retirement; and WHEREAS, Ms. VanEtten served as her section's representative on the Utilities Employee Association Committee where she served as secretary and sent hundreds of cards to employees for well wishes and congratulations; and WHEREAS, in 2002, Ms. VanEtten was selected to attend the Employee Leadership Institute where front-line employees are given the opportunity to develop leadership skills and learn how to integrate those skills into their job duties; and WHEREAS, since 2011, Ms. VanEtten has participated in the Chesterfield County's First Choice Toastmasters and has served on the executive committee as the sergeant at arms; and WHEREAS, Ms. VanEtten has always worked diligently to ensure customers needs are met in a timely and professional manner; and WHEREAS, Ms. VanEtten has displayed a cooperative and willing attitude whenever her assistance was requested, even if the tasks required learning new skills and procedures she was not familiar with; and 16-444 06/22/16 WHEREAS, throughout her career with Chesterfield County, Ms. VanEtten displayed unparalleled dependability, aptitude, good character and values. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Ms. Joyce E. VanEtten and extends on behalf of its members and the citizens of Chesterfield County, appreciation for 26 years of exceptional service to the county. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.C.1.b.4. FIREFIGHTER GERARD L. SMITH, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board adopted the following resolution: WHEREAS, Firefighter Gerald L. Smith retired from the Fire and EMS Department, Chesterfield County, on August 1, 2015; and WHEREAS, Firefighter Smith attended Recruit School #18 in 1987 and faithfully served the county for over 28 years in various assignments as a firefighter at the Manchester, Clover Hill and Dutch Gap Fire and EMS Stations; and WHEREAS, Firefighter Smith was awarded an EMS Unit Citation for successful operations at a Mass Casualty Incident stemming from a motor vehicle accident with 20 patients in November 1988; and WHEREAS, Firefighter Smith was appointed as a member of the SCUBA Rescue Team in July 1990 and served on the team in various positions for 25 years at the Dutch Gap Fire and EMS Station; and WHEREAS, Firefighter Smith was appointed as the SCUBA Rescue Team's Training Officer in September 1995; and WHEREAS, Firefighter Smith was awarded an EMS Unit Citation for successful extrication operations in October 1993 at a motor vehicle accident involving five victims trapped; and WHEREAS, Firefighter Smith was appointed as one of the founding members of the Chesterfield County Technical Rescue Team, which later was transformed into the Commonwealth of Virginia Division 1 Technical Rescue Team in January 1994; and WHEREAS, Firefighter Smith was awarded a Unit Citation Award as a member of SCUBA Rescue for his role in the successful rescue of three victims from the Appomattox River in April 1998; and 16-445 06/22/16 P] It It A WHEREAS, Firefighter Smith was awarded the Medal of Valor for the successful rescue of a kayaker in Swift Creek as a member of SCUBA Rescue in January 2004; and WHEREAS, Firefighter Smith was awarded the Medal of Valor, two Life Saves and two Unit Citations for several successful rescues in extremely dangerous conditions while operating in Tropical Storm Gaston in August 2004; and WHEREAS, Firefighter Smith was appointed as the C -Shift Dive Team Leader in May 2007 and served in this position with distinction until his retirement; and WHEREAS, Firefighter Smith was awarded a Unit Citation for successful operations at a structural fire as a crew member of Truck 14 in September 2007; and WHEREAS, Firefighter Smith was awarded a Unit Citation for the successful rescue of a victim as a member of SCUBA Rescue from the Appomattox River in January 2015; and WHEREAS, Firefighter Smith was recognized by Fire Chief Edward L. Senter Jr. and Brigadier General Timothy P. Williams with distinction for his diligence, dedication and leadership for not only being a founding member but the lead civilian developer of the Virginia Helicopter Aquatic Rescue Team in conjunction with the 2nd Battalion, 151st Aviation Regiment of the Virginia Army National Guard on July 29, 2015. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter Gerald L. Smith, expresses the appreciation of all residents for his service to the county, and extends their appreciation for his dedicated service and their congratulations upon his retirement. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.C.2. ACCEPTANCE OF ADDITIONAL FUNDS FROM THE VIRGINIA DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTA SERVICES FOR THE SERIOUSLY MENTALLY ILL On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board appropriated $100,000 in state funding from the Virginia Department of Behavioral Health and Development Services (DBHDS) for the seriously mentally ill and created one full- time position to support Mental Health's integrated care project. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 16-446 06/22/16 8.C.3. ACCEPTANCE OF GRANT AND APPROPRIATION OF FUNDS FROM THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY AND AWARD OF CONSTRUCTION CONTRACT FOR THE PROCTORS CREEK OUTFALL IMPROVEMENTS On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board accepted a grant and appropriated funding up to $237,500, as anticipated grant funding reimbursements, from the Virginia Department of Environmental Quality and authorized the County Administrator to execute any necessary documents; and awarded the construction contract to Capitol Carbonic Gas Corporation T/A Harbor Dredge and Dock in the amount of $246,246 and authorized the Director of Purchasing to execute the necessary documents. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.C.4. SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDING SECTION 8-42(C) OF THE COUNTY CODE RELATING TO STORMWATER UTILITY FEE BILLING, PAYMENT AND PF.NAT.TTF.0 On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board set the date of July 27, 2016, for a public hearing to consider amending Section 8-42(c) of the County Code relating to stormwater utility fee billing, payment and penalties. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.C.5. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 8.C.5.a. FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE CHESTERFIELD JUVENILE DETENTION HOME TO PURCHASE A PORTABLE SINK FOR USE IN THE DETENTION HOME'S SCHOOL PROGRAM On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board transferred $870 from the Dale District Improvement Fund to the Chesterfield Juvenile Detention Home to purchase a portable sink for use in the detention home's school program. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.C.5.b. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE DEPARTMENT OF PARKS AND RECREATION TO DEFRAY COSTS RELATED TO THE RICHMOND SYMPHONY CONCERT AT CHESTERFEST On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board transferred $3,500 in Bermuda District Improvement Funds to the Department of Parks and Recreation to defray costs related to the Richmond Symphony Concert at ChesterFest. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 16-447 06/22/16 It It A 8.C.6. APPROVAL OF CONTRACT FOR A REPLACEMENT PUBLIC SAFETY RADIO COMMUNICATIONS SYSTEM On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board awarded and authorized the Director of Purchasing to execute a contract, in a form approved by the County Attorney, with Motorola Solutions, Inc. for the replacement, maintenance, and system upgrading of the county's Public Safety Radio Communications System. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.C.7. AWARD OF REQUIREMENTS CONTRACTS FOR ENGINEERING SERVICES FOR COUNTY AND SCHOOL PROJECTS On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board authorized the Director of Purchasing to execute requirement contracts for engineering services for county and schools projects to Froehling and Robertson, Inc. and Schnabel Engineering, LLC. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.C.8. INITIATION OF APPLICATION FOR CONDITIONAL USE TO PERMIT A FARM (KEEPING OF HORSES) ON QUAILOAKS AVENUE On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board initiated an application for a conditional use to permit a farm (keeping of horses) at 9800 Quailoaks Avenue (Tax IDs 793-667-3472, 3958, 4349, 4739, 5030, 5487, 6269 and 7050), in a Residential (R-7) District; appointed Kirkland Turner, Director of Planning, as the Board's agent; and waived disclosure requirements. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.C.9. INITIATION OF APPLICATION FOR CONDITIONAL USE TO PERMIT A PRIVATE SCHOOL INCIDENTAL TO A CHURCH LOCATED ON CASCASE STREET On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board initiated an application for a conditional use to permit a private school incidental to St. Barnabas Episcopal Church located at 4836 Cascade Street (Tax ID 777-688-5927), in an Agricultural (A) District; appointed Kirkland Turner, Director of Planning, as the Board's agent; and waived disclosure requirements. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 16-448 06/22/16 8.C.10. STATE ROADS ACCEPTANCE On motion of Ms. Jaeckle, seconded by Mr. Winslow, 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. 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: Kings Grove Section 5 Type Change to the Secondary System miles of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.2-705 Street Name and/or Route Number • Regal Crest Terrace, State Route Number 7882 From: Regal Crest Drive, (Route 7880) To: Cul -de -Sac, a distance of: 0.03 miles. Recordation Reference: Plat Book 190, Page 57 Right of Way width (feet) = 40 • Regal Crest Court, State Route Number 7881 From: Regal Crest Drive, (Route 7880) To: Cul -de -Sac, a distance of: 0.03 miles. Recordation Reference: Plat Book 190, Page 57 Right of Way width (feet) = 40 • Regal Crest Drive, State Route Number 7880 From: Regal Crest Terrace, (Route 7882) To: Cul -de -Sac, a distance of: 0.09 miles. Recordation Reference: Plat Book 190, Page 57 Right of Way width (feet) = 40 • Regal Crest Drive, State Route Number 7880 From: Regal Crest Court, (Route 7881) To: Regal Crest Terrace, (Route 7882), a distance of: 0.05 miles. Recordation Reference: Plat Book 190, Page 57 Right of Way width (feet) = 40 16-449 06/22/16 It It It A • Regal Crest Drive, State Route Number 7880 From: Cogbill Road, (Route 638) To: Regal Crest Court, (Route 7881), a distance of: 0.13 miles. Recordation Reference: Plat Book 190, Page 57 Right of Way width (feet) = 44 Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.C.11. APPROVAL OF THE PURCHASE OF A PARCEL OF LAND FOR THE BEULAH ELEMENTARY SCHOOL REPLACEMENT On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board approved the purchase of three parcels of land, totaling 31.051 acres, more or less, for a total of $970,600 from two owners: one parcel from Ben A. Atkinson, Jr. and Martha M. Atkinson, and two parcels from Bernard Huff, Inc., a Virginia corporation, for the Beulah Elementary School Replacement Project, and authorized the County Administrator to execute the sales contracts and deeds. (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.C.12. AWARD OF CONSTRUCTION CONTRACT FOR THE WINTERFIELD ROAD WATERLINE PROJECT On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board awarded a construction contract to Godsey and Sons, Inc., in the amount of $1,771,993.80, and authorized the Director of Purchasing to execute the necessary documents. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.C.13. REQUESTS TO QUITCLAIM 8.C.13.a. PORTIONS OF A SIXTEEN -FOOT WATER EASEMENT ACROSS THE PROPERTY OF BSF RICHMOND, LP On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate portions of a 16 -foot water easement across the property of BSF Richmond, LP. (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. 16-450 06/22/16 8.C.13.b. A SIXTEEN -FOOT DRAINAGE EASEMENT ACROSS PROPERTY OF EAST WEST-HALLSLEY, L.L.C. On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 16 -foot drainage easement across property of East West- Hallsley, L.L.C. (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.C.14. ACCEPTANCE OF PARCELS OF LAND 8.C.14.a. ALONG HULL STREET ROAD AND BALDWIN CREEK ROAD FROM CVS 10992 VA, LLC On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board accepted the conveyance of two parcels of land containing a total of 0.132 acres along Hull Street Road and Baldwin Creek Road from CVS 10992 Va, 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, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.C.14.b. ALONG GENITO ROAD FROM EWN INVESTMENTS, INCORPORATED On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board accepted the conveyance of a parcel of land containing 0.028 acres along Genito Road from EWN Investments, 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, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.C.14.c. ALONG BALDWIN CREEK ROAD FROM GLENN V. HEALEY On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board accepted the conveyance of two parcels of land containing a total of 0.065 acres along Baldwin Creek Road from Glenn V. Healey, 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, Jaeckle, Winslow, Holland and Haley. Nays: None. 16-451 06/22/16 P] F 8.C.14.d. FOR ROADS WITHIN GREENWICH WALK AT FOX CREEK, PHASES 1 AND 2 FROM RREF II -TFC GREENWICH, LLC On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board accepted the conveyance of seven parcels of land containing a total of 4.043 acres for roads within Greenwich Walk at Fox Creek, Phases 1 and 2 from RREF II -TFC Greenwich, 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, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.C.14.e. ALONG IRON BRIDGE ROAD FROM THE TRUSTEES OF IRONBRIDGE BAPTIST CHURCH On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board accepted the conveyance of a parcel of land containing 0.058 acres along Iron Bridge Road from the Trustees of Ironbridge Baptist Church, 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, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.C.15. APPROVAL OF LEASE FOR THE EMPLOYEE HEALTH CLINIC On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board authorized the County Administrator to execute a lease with the Health Center Commission for County of Chesterfield for the Employee Health Clinic. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.C.16. REQUESTS FOR PERMISSION 8.C.16.a. FROM ROBERT A. FENNER AND JOYCE E. FENNER FOR A PROPOSED BOAT DOCK TO ENCROACH IN THE IMPOUNDMENT EASEMENT FOR SWIFT CREEK RESERVOIR On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board granted Robert A. Fenner and Joyce E. Fenner 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, Jaeckle, Winslow, Holland and Haley. Nays: None. 16-452 06/22/16 8.C.16.b. FROM LIDL US OPERATIONS, L.L.C. FOR A PROPOSED DUMPSTER PAD TO ENCROACH WITHIN A TWENTY -FOOT DRAINAGE EASEMENT On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board granted LIDL US Operations, L.L.C. permission for a proposed dumpster pad to encroach within a 20 -foot drainage easement across 1311 Mall Drive, 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.C.16.c. FROM GLORIA W. MCLEOD FOR A GRAVEL DRIVEWAY TO ENCROACH WITHIN A FIFTY -FOOT COUNTY UNIMPROVED RIGHT OF WAY KNOWN AS SAMBAR ROAD On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board granted Gloria W. McLeod permission for a gravel driveway to encroach within a 50 -foot county unimproved right of way known as Sambar Road to access property at 7627 Sambar Road, 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.C.16.d. FROM PAR 5 DEVELOPMENT GROUP, LLC TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON BELMONT ROAD On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board granted Par 5 Development Group, LLC permission to install a private sewer service within a private easement and authorized the County Administrator to execute the sewer connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.C.16.e. FROM HARRY A. RADDIN, JR. AND MARGARET F. RADDIN FOR A PROPOSED BOAT DOCK TO ENCROACH IN THE IMPOUNDMENT EASEMENT FOR SWIFT CREEK RESERVOIR On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board granted Harry A. Raddin, Jr. and Margaret F. Raddin 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, Jaeckle, Winslow, Holland and Haley. 16-453 06/22/16 PC PE Nays: None. 8.C.16.f. FROM JULIA D. STANTON FOR A PORTION OF A SCREENED PORCH TO ENCROACH WITHIN A SIXTEEN -FOOT SEWER EASEMENT ACROSS LOT 14, BLOCK A, SACHEMS HEAD, PHASE 1 On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board granted Julia D. Stanton permission for a portion of a screened porch to encroach within a 16 -foot sewer easement across Lot 14, Block A, Sachems Head, Phase 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, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.C.17. REQUEST TO AID MAGNOLIA LAKES, LLC IN THE ACQUISITION OF OFFSITE SEWER AND TEMPORARY CONSTRUCTION EASEMENTS FOR MAGNOLIA LAKES On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board authorized Right of Way staff to aid Magnolia Lakes, LLC in the acquisition of offsite sewer and temporary construction easements for Magnolia Lakes, subject to the developer executing a contract agreeing to pay all costs. (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.C.18. DESIGNATION OF RIGHT OF WAY AND SIGHT DISTANCE EASEMENTS FOR VDOT MAINTENANCE FOR THE MANCHESTER MIDDLE SCHOOL RENOVATION/ADDITION PROJECT On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board designated right of way and sight distance easements for VDOT maintenance for the Manchester Middle School Renovation/Addition Project 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. 8.C.19. APPROVAL OF CHANGES IN THE SECONDARY SYSTEM OF STATE uTr-uwAVG 8.C.19.a. AS A RESULT OF THE MIDLOTHIAN MINES PARK ENTRANCE PROJECT 4w, On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board adopted the following resolution requesting changes in the Secondary System of State Highways as a result of the Midlothian Mines Park Entrance Project: 16-454 06/22/16 WHEREAS, the Virginia Department of Transportation has completed the Midlothian Mines Park Entrance and provided a sketch and VDOT Form AM -4.3 to the Board of Supervisors which defines an adjustment required in the Secondary System of State Highways as a result of the construction, which sketch and form are incorporated herein by reference; and, WHEREAS, a certain segment of Midlothian Mines Park Entrance is ready to be accepted into the Secondary System of State Highways. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors hereby requests the Virginia Department of Transportation to take the necessary action to add as part of the Secondary System of State Highways the segment of Midlothian Mines Park Entrance, identified as Segment B -D, a distance of 0.02 miles, as shown on the attached sketch and Form AM -4.3 pursuant to Section 33.2-705 and 33.2-1510 of the Code of Virginia; and, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Permits Manager at 3301 Speeks Drive, Midlothian, VA 23112, for the Virginia Department of Transportation. (It is noted a copy of the sketch is filed with the papers of this Board.) Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.C.19.b. AS A RESULT OF THE CHESTER ROAD AND KINGSDALE ROAD INTERSECTION PROJECT On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board adopted the following resolution requesting changes in the Secondary System of State Highways as a result of the Chester Road and Kingsdale Road Intersection Project 0145-020-104, C501: WHEREAS, the Virginia Department of Transportation has completed project 0145-020-104, 0501 and provided a sketch and VDOT Form AM -4.3 to the Board of Supervisors which defines an adjustment required in the Secondary System of State Highways as a result of the construction, which sketch and form are incorporated herein by reference; and, WHEREAS, a certain segment of Kingsdale Road, State Route 1495, appears to no longer serve public convenience and should be abandoned as a part of Secondary System of State Highways. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors hereby requests the Virginia Department of Transportation to take the necessary action to abandon as part of the Secondary 16-455 06/22/16 lk A System of State Highways the segment of Kingsdale Road, State Route 1495, identified as Segment C - D, a distance of 0.01 miles, as shown on the attached sketch and Form AM -4.3 pursuant to Section 33.2-912, Code of Virginia; and, BE IT FURTHER RESOLVED, the Board of Supervisors hereby requests the Commissioner of Highways certify, in writing, that the segment of Kingsdale Road requested to be abandoned is no longer deemed necessary of uses of the Secondary System of State Highways pursuant to Section 33.2-913, Code of Virginia; and, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Permits Manager at 3301 Speeks Drive, Midlothian, VA 23112, for the Virginia Department of Transportation. (It is noted a copy of the sketch is filed with the papers of this Board.) Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.C.19.c. AS A RESULT OF THE ROUTE 288 PROJECT On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board adopted the following resolution requesting changes in the Secondary System of State Highways as a result of the Route 288 Project 0288-020-105, C502: WHEREAS, the Virginia Department of Transportation has completed project 0288-020-105 C502 and provided a sketch and VDOT Form AM -4.3 to the Board of Supervisors which defines an adjustment required in the Secondary System of State Highways as a result of the construction, which sketch and form are incorporated herein by reference; and, NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors hereby requests the Virginia Department of Transportation to take the necessary action to add as part of the Secondary System of State Highways the segment of Charter Colony Parkway, identified as Segment A -B, a distance of 2.01 miles, as shown on the attached sketch and Form AM -4.3 pursuant to Section 33.2-705 of the Code of Virginia; and, BE IT FURTHER RESOLVED, resolution be forwarded to the Drive, Midlothian, VA 23112, Transportation. that a certified copy of this Permits Manager at 3301 Speeks for the Virginia Department of (It is noted a copy of the sketch is filed with the papers of this Board.) Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 16-456 06/22/16 8.C.20. AWARD OF ANNUAL REQUIREMENTS CONTRACT TO PROVIDE PROFESSIONAL ENVIRONMENTAL ENGINEERING SERVICES FOR THE DEVELOPMENT AND MANAGEMENT OF THE COUNTY'S GROUNDWATER MONITORING PROGRAM On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board authorized the Purchasing Director to execute an annual requirements contract with Golder Associates, Inc. to provide professional environmental engineering services for the development and management of the county's groundwater monitoring program. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.C.21. APPROVAL OF FOURTH AMENDMENT TO THE SPECIAL PROJECT SERVICE AGREEMENT FOR RESIDENTIAL RECYCLING AND DROP-OFF SERVICES THROUGH THE CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board authorized the Purchasing Director to sign the fourth amendment to the special project service agreement with the Central Virginia Waste Management Authority (CVWMA) for residential recycling and drop-off services. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.C.22. AWARD CONSTRUCTION CONTRACT TO DAVIS BROTHERS CONSTRUCTION COMPANY, INCORPORATED FOR RENOVATIONS TO THE ONE-STORY POLICE DEPARTMENT BUILDING On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board authorized the Director of Purchasing to award a construction contract to Davis Brothers Construction Company, Inc. in the amount of $144,000 to renovate the 1 -story Police Department Building. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.C.23. APPROPRIATION OF ROAD CASH PROFFER FUNDS AND AUTHORIZATION TO PROCEED WITH THE ROUTE 10 AT BRANDERS BRIDGE ROAD RIGHT TURN LANE EXTENSION PROJECT On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board appropriated $633,000 in road cash proffers and authorized the County Administrator to proceed with the Route 10 at Branders Bridge Road Right Turn Lane Extension Project. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. 16-457 06/22/16 K It lk Nays: None. 8.C.24. APPROVAL OF COUNTY FY2016 YEAR-END ADJUSTMENTS AND RESERVE REQUESTS On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board took the following actions: a. Authorized the County Administrator to assign and re - appropriate into a revenue stabilization reserve all unspent, or otherwise unreserved, FY2016 appropriations that are in excess of the FY2017 unassigned beginning fund balance of $58,668,400, contingent upon positive results of operations; and to consolidate assigned fund balance from prior years, with noted exceptions, into a single revenue stabilization reserve category. b. Appropriated revenues and expenditures for specific programs as well as authorized reallocations among general fund departments and related funds and made adjustments to revenues and expenditures as outlined on Schedule A, filed with the papers of this Board. c. Appropriated revenues and expenditures and authorized other adjustments for specific programs, projects and non -general fund departments as outlined on Schedule B, filed with the papers of this Board. d. Authorized the County Administrator to assign and re - appropriate various revenues and unspent expenditures contingent upon positive results of operations as determined by the county's financial audit as outlined on Schedule C, filed with the papers of this Board. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 8.C.25. APPROVAL OF SCHOOLS' FY2016 YEAR-END ADJUSTMENTS AND RESERVE REQUESTS On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board took the following actions: a. Appropriated revenues and expenditures and authorized other adjustments for the school division as outlined on the amended Schedule A, filed with the papers of this Board, along with any other associated transfers required as a result of the requested actions. b. Authorized the County Administrator to assign and re - appropriate the reserve requests as listed in amended Schedule B, filed with the papers of this Board, with the changes as described in the summary of information included in the papers of this Board. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 16-458 06/22/16 8.C.26. APPROVAL BY THE BOARD OF SUPERVISORS OF THE APPOINTMENT OF REBECCA T. DICKSON AS PART-TIME INTERIM DEPUTY COUNTY ADMINISTRATOR FOR MANAGEMENT SERVICES On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board approved the appointment of Rebecca T. Dickson as part-time interim Deputy County Administrator for Management Services. 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 9.C. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION FOR CHESTERFIELD COUNTY PARKS AND RECREATION (CASE 15PD0192) TO PERMIT A SPECIAL PURPOSE PARK IN RESIDENTIAL (R-7 AND R-9) DISTRICTS On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases; and a Report of Planning Commission Substantial Accord Determination for Chesterfield County Parks and Recreation (Case 15PD0192) to Permit a Special Purpose Park in Residential (R-7 and R-9) Districts. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 10. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Clissa England expressed concerns relative to loud music being played by her neighbor during late night hours and proposed changes to the county's noise ordinance. In response to Ms. England's concerns, Mr. Holland stated he is working diligently with the County Attorney's Office and Police Department to resolve the issue relative to the county's current noise ordinance. Ms. Jaeckle stated in similar instances of nuisances, groups of neighbors have filed a civil suit and gained success in that aspect. 16-459 06/22/16 PE P] A Ms. England reiterated her proposed changes to the county's current noise ordinance. Discussion ensued relative to the specifications of the county's noise ordinance. 11. CLOSED SESSION 1) PURSUANT TO SECTION 2.2-3711(A)(5), CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS PROSPECTIVE INDUSTRIES LOCATING IN THE COUNTY WHERE NO PREVIOUS ANNOUNCEMENT HAS BEEN MADE OF THE INDUSTRIES' INTEREST IN LOCATING IN THE COUNTY; 2) PURSUANT TO SECTION 2.2-3711(A)(3), CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS THE ACQUISITION OF REAL PROPERTY FOR A PUBLIC PURPOSE, WHERE DISCUSSION IN AN OPEN MEETING WOULD ADVERSELY AFFECT THE BARGAINING POSITION OR NEGOTIATING STRATEGY OF THE PUBLIC BODY, AND 3) PURSUANT TO SECTION 2.2-3711 (A)(7), CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH LEGAL COUNSEL REGARDING SPECIFIC LEGAL MATTERS REQUIRING THE PROVISION OF LEGAL ADVICE RELATING TO THE LEASE FOR THE CHESTERFIELD COUNTY AIRPORT On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board went into closed session pursuant to Section 2.2- 3711(A)(5), Code of Virginia, 1950, as amended, to discuss prospective industries locating in the county where no previous announcement has been made of the industries' interest in locating in the county; 2) pursuant to Section 2.2-3711(A)(3), Code of Virginia, 1950, as amended, to discuss the acquisition of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, and 3) pursuant to Section 2.2-3711 (A)(7), Code of Virginia, 1950, as amended, for consultation with legal counsel regarding specific legal matters requiring the provision of legal advice relating to the lease for the Chesterfield County Airport. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. Reconvening: Mr. Elswick noted because the Board did not cover all the topics, the Board would be going back into closed session at the end of the evening session. On motion of Mr. Winslow, seconded by Mr. Holland, 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 16-460 06/22/16 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. 12. DINNER On motion of Mr. Holland, seconded by Ms. Haley, the Board recessed to Room 502 for dinner with Chesterfield County Judges, Commonwealth's Attorney, Sheriff and Circuit Court Clerk. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. Reconvening: 13. INVOCATION The Honorable Stephen A. Elswick, Chairman of the Board of Supervisors, gave the invocation. 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Evan Summers led the Pledge of Allegiance to the Flag of the United States of America. 15. RESOLUTIONS 15.A. RECOGNIZING MR. EVAN DAVID SUMMERS UPON ATTAINING THE RANK OF EAGLE SCOUT Ms. Ruth introduced Mr. Evan David Summers, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Winslow, the Board adopted the following resolution: 16-461 06/22/16 It It P] ER A WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Evan David Summers, Troop 2842, sponsored by the Episcopal Church of Our Saviour, has accomplished those high standards of commitment and has reached the long -sought goal of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Evan has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 22nd day of June 2016, publicly recognizes Mr. Evan David Summers, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the county to have such an outstanding young man as its citizen. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. Mr. Elswick presented the executed resolution and county patch to Mr. Summers, accompanied by members of his family, congratulated him on his outstanding achievements and wished him well in future endeavors. Mr. Summers provided details of his Eagle Scout project and expressed appreciation to his family and friends for their support. 15.B. RECOGNIZING COUNTY ADMINISTRATOR JAMES J.L. STEGMAIER UPON HIS RETIREMENT Mr. Lassiter introduced Mr. James J.L. Stegmaier, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Winslow, the Board adopted the following resolution: WHEREAS, Mr. James J.L. "Jay" Stegmaier, armed with an undergraduate degree from the Catholic University of America and a master's degree from the University of Virginia began his career with Chesterfield County in 1979 as analyst in the Budget and Management Department; and 16-462 06/22/16 WHEREAS, Mr. Stegmaier's exemplary performance moved him rapidly through the ranks, earning him the titles of budget director in 1986 and deputy county administrator for management services in 1997; and WHEREAS, in 2007, recognizing Mr. Stegmaier's formidable talents and leadership skills, as well as his unwavering integrity and stalwart dedication to Chesterfield County, the Board of Supervisors appointed him as county administrator; and WHEREAS, guided by Mr. Stegmaier's prodigious financial aptitude, Chesterfield County earned its third top credit rating in 1997, securing the triple -AAA credit ratings which Chesterfield enjoys on its general obligation bonds; and WHEREAS, Mr. Stegmaier took the helm of county government at the beginning of the "Great Recession" and, along with the Board of Supervisors, navigated these financial storms, constantly assuring staff and the public that Chesterfield was simply "not going to participate in the recession"; and WHEREAS, Mr. Stegmaier guided Chesterfield through the most difficult circumstances the county had faced since the Great Depression resulting in a more efficient government and a vastly expanded commercial and industrial base; and WHEREAS, Mr. Stegmaier made each of his decisions related to resource allocations with the best of intentions for the citizens' well-being and overall high quality of life for those privileged to live in Chesterfield; and WHEREAS, Mr. Stegmaier's unflagging optimism and strict code of ethics helped Chesterfield remain a vibrant, growing community and a national model for a well-managed, fiscally - stable, innovative, ethical, diverse, and business -friendly community; and WHEREAS, as county administrator, Mr. Stegmaier displayed wisdom in managing the daily operations of a county government that is the lowest cost per capita full-service local government in the state, a fact confirmed by the Commonwealth's Auditor of Public Accounts; and WHEREAS, Mr. Stegmaier demonstrated his strong commitment to Chesterfield County employees by implementing many programs and initiatives to benefit them, including the Employee Medical Center, C -Fit and other wellness programs, and Paid Time Off (PTO) to improve traditional annual and sick leave plans; and WHEREAS, Mr. Stegmaier has always focused on the next generation of county leaders, encouraging public service through meetings and discussions with emerging leaders, interns and the Chesterfield Young Professionals group; and 16-463 06/22/16 PI F PI A WHEREAS, Chesterfield County solidified its position at the peak of the financial heights, maintaining its coveted triple-A debt rating, the highest level possible, from the three national bond -rating agencies for general obligation bonds as well as the virtually unheard of AAA revenue bond rating for its utility bonds; and WHEREAS, Mr. Stegmaier has been a strong proponent for public safety advocating additional positions for police, fire, sheriff and emergency communications; replacement of public safety equipment and enhanced vehicles and public safety career development programs; and WHEREAS, Mr. Stegmaier has supported the county's award- winning school system working to reduce the pupil -teacher ratio, to expand opportunities for career and technical education for students, and to lend the county's professional support to school administration; and WHEREAS, under Mr. Stegmaier's guidance, the county adopted a new Comprehensive Plan to guide its future growth and development while maintaining a high quality of life for residents and businesses; and WHEREAS, Mr. Stegmaier was unequaled in his commitment to business growth in the county, and he held monthly meetings with representatives of the Chesterfield Chamber of Commerce and the Chesterfield Business Council, to receive input from the business community on county -related issues; and WHEREAS, Mr. Stegmaier was a prime moving force behind Chesterfield County becoming a popular destination for sports tourism, which had an economic impact of $24 million in fiscal year 2015, and represented the largest tourism group market for the Richmond Region; and WHEREAS, under Mr. Stegmaier's leadership, economic development in Chesterfield County has occurred at a record- breaking pace; employment in the county is setting records as companies add new workers to their payrolls; the number of businesses is the highest in the county's history; and Chesterfield has the largest manufacturing payroll in the Commonwealth of Virginia and continues to create high -paying manufacturing jobs; and WHEREAS, during Mr. Stegmaier's tenure as county administrator, there have been economic development announcements of more than $3.2 billion of new capital investment and the creation of more than 9,000 new jobs; Sabra Dipping Company, LLC, and amazon.com have established operations in the county; a major shopping mall has been redeveloped; and long-established firms have expanded, including Maruchan Virginia, Inc., E.I. du Pont de Nemours and Company, Evonik Industries, and Honeywell International, Inc.; and 16-464 06/22/16 WHEREAS, Mr. Stegmaier helped secure a $2 billion investment from Shandong Tranlin Paper Co., Ltd., to open a plant in Chesterfield County, the largest single investment in the history of Chesterfield County, that will generate more than 2,000 jobs by 2020; and WHEREAS, during his tenure, Mr. Stegmaier demonstrated his strong commitment to regional cooperation, as evidenced by his service on various boards and organizations, including the Appomattox River Water Authority and South Central Wastewater Authority, Greater Richmond Convention Center Authority, Greater Richmond Partnership, Capital Region Collaborative, the Innovation Council of the Virginia Biotechnology Research Park, United Way of Greater Richmond and Petersburg, First Tee of Greater Richmond Golf Course, Leadership Metro Richmond, and the Bon Secours St. Francis Medical Center Community Advisory Board; and WHEREAS, Mr. Stegmaier employed a collaborative management style, focusing on serving the community and those with whom he works; he always led by example and was seen frequently at the work sites of county employees, giving encouragement, raising spirts and listening to how he could better do his job; and WHEREAS, Mr. Stegmaier was best known for his uncompromising commitment to ethics, to fairness, and to equal treatment of all; Mr. Stegmaier demonstrated to all people genuine humility, concern, and interest, and he saw value in each person and tirelessly endeavored to help people reach their highest potential; and WHEREAS, Mr. Stegmaier has selflessly devoted his professional life to the betterment of Chesterfield County and will retire from Chesterfield County government on July 1, 2016, with a legacy of outstanding leadership. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 22nd day of June 2016, publicly recognizes Mr. James J.L. "Jay" Stegmaier, extends the sincere appreciation and gratitude of employees, residents and the business community of Chesterfield County for his exemplary service, and conveys to Mr. Stegmaier and his wife, Margot, best wishes for a long, happy, and fulfilling retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Stegmaier 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. Mr. Elswick presented the executed resolution to Mr. Stegmaier, accompanied by his family, Board members and Mr. Mincks, expressed appreciation for his loyal service and outstanding leadership, and congratulated him on his well- deserved retirement. 16-465 06/22/16 P] P] It A Ms. Haley, Mr. Holland, Ms. Jaeckle and Mr. Winslow all expressed their appreciation to Mr. Stegmaier for his sharing of valuable professional and personal knowledge acquired over his many years of service to the community, and highly praised his work ethic, exemplary leadership and outstanding professionalism. Mr. Mincks stated Mr. Stegmaier had a very unique ability to relate to county employees and deal with people on an equal level. He wished him a long and happy retirement. Mr. Elswick presented Mr. Stegamier with an acrylic statue and county watch and reiterated his remarks. Mr. Stegmaier expressed his appreciation to the Board for the special recognition and very kind sentiments. He conveyed his sincere gratitude to everyone he has had the privilege of collaborating with and stated it has been a wonderful 37 years working for Chesterfield County. A standing ovation followed Mr. Stegmaier's remarks. 16. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Kevin McNulty, member of addressed the Board relative current cash proffer policy. the Home Builders Association, to potential revisions to the Mr. John O'Reilly, member of the Richmond Association of REALTORS, addressed the Board relative to potential revisions to the current cash proffer policy. In response to both speakers' remarks, Mr. Holland stated he urges the development community to continue to voice their opinions relative to the modification of the county's cash proffer policy. 17. 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 19 199N0704 In Clover Hill Magisterial District, Sports Frog, LLC, HMG Investments, LLC and Waterford Business Center, LC request rezoning from Community Business (C-3) and Light Industrial (I-1) to Regional Business (C-4) with conditional use to permit multifamily, townhouse, exposition center, stadium, arena, outside storage, public address system, electronic message center signs and brewery uses, and conditional use planned development to permit boat sales/service/repair, model homes and exceptions to ordinance requirements and amendment of zoning district map on 105.2 acres located in 16-466 06/22/16 the northeast and northwest quadrants of Genito Road and Genito Place at Rt. 288. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Regional Mixed use. Tax IDs 731-689-5633, Part of 731-691-3176, 732-688-0178 and 732-689-5376. Mr. Turner stated staff has requested a deferral to the August 24, 2016, regularly scheduled meeting. The applicant was not present. Mr. Elswick called for public comment. There being no one to address the deferral, the public hearing was closed. Mr. Winslow stated the developers are continuing to gather information and work with staff relative to addressing issues and concerns. Mr. Winslow then made a motion, seconded by Ms. Jaeckle, for the Board to defer Case 16SN0704 until August 24, 2016. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 1AgwnRAR (AMENDED) In Clover Hill Magisterial District, C.A.H. Investments, LLC requests amendment of conditional use planned development (Case 98SN0176) relative to uses and exceptions to setbacks and amendment of zoning district map in a Light Industrial (I-1) District on 25.7 acres located in the northeast corner of Hull Street and Warbro Roads. Density will be controlled' by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Corporate Office/Research and Development/Light Industrial uses. Tax ID 738 -682 -Part of 8258. Mr. Turner presented a summary of Case 16SN0565 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Andy Scherzer, representing the applicant, accepted the recommendation. He also expressed appreciation to Planning Department staff and Ms. Gloria Freye, Clover Hill Planning Commissioner, for their efforts relative to the case. 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 16SN0565 and accepted the following proffered conditions: 16-467 06/22/16 �J 1% 9 A The Applicant amends Proffered Condition 27 of Case 98SNO176 to read as shown below. All other conditions of Case 98SNO176 shall remain in force and effect. 1. Uses: The following uses shall be permitted as identified on the Tract Plan, last revised on April 25, 2016 and prepared by Balzer and Associates, Inc. A. Parcel A i. Uses permitted by right or with restrictions in the Light Industrial (I-1) District ii. Uses permitted by right or with restrictions in the Community Business (C-3) District, excluding cocktail lounges and nightclubs iii. Carpenter and cabinetmakers' offices and display rooms; contractor's offices and display rooms; and electrical, plumbing or heating supply sales, service and display rooms, provided that for such uses the gross square foot area of any retail (display) area shall be limited to thirty (30) percent of the gross floor area of any individual use, and that outside storage shall be prohibited. B. Parcel B i. Uses permitted by right or with restrictions in the Light Industrial (I-1) District ii. Uses permitted by right or with restrictions in the Convenience Business (C-1) District iii. Carpenter and cabinetmakers' offices and display rooms; contractor's offices and display rooms; and electrical, plumbing or heating supply sales, service and display rooms, provided that for such uses the gross square foot area of any retail (display) area shall be limited to thirty (30) percent of the gross floor area of any individual use, and that outside storage shall be prohibited. C. Parcel C i. Uses permitted by right or with restrictions in the Light Industrial (I-1) District ii. Carpenter and cabinetmakers' offices and display rooms; contractor's offices and display rooms; and electrical, plumbing or heating supply sales, service and display rooms, provided that for such uses the gross square foot area of any retail (display) area shall be limited to thirty (30) percent of the gross floor area of any individual use, and that outside storage shall be prohibited. (P) We hereby offer the following proffered conditions: 2. Master Plan. The Textual Statement, last revised April 25, 2016, and the Tract Plan, prepared by Balzer and 16-468 06/22/16 Associates, Inc. last revised April 25, 2016 shall be considered the Master Plan. (P) 3. Access. The exact locations of the four (4) vehicular accesses described below shall be approved by the Transportation Department: a. Direct vehicular access from the property to Hull Street Road (Route 360) shall be limited to two (2) entrances/exits (the "Eastern Access", and the "Western Access"). b. Direct vehicular access from the property to Warbro Road shall be limited to two (2) entrances/exits (the "Northern Access", and the "Southern Access"). (T) 4. Road Improvements. The owner/developer shall be responsible for the following road improvements: a. Construction of additional pavement along the westbound lanes of Route 360 to provide a separate right turn lane at the Eastern Access. b. Construction of additional pavement along the eastbound lanes of Route 360 to provide an adequate left turn lane at the crossover that will serve the Eastern Access. C. Construction of a raised median in the Eastern Access to preclude vehicles exiting the site to turn left onto Route 360. d. Construction of additional lane of pavement along the westbound lanes of Route 360 from the western edge of the Eastern Access to Warbro Road. e. Construction of additional pavement along the westbound lanes of Route 360 to provide a separate right turn lane at the Warbro Road intersection. f. Full cost of traffic signal modification at the Route 360/Warbro Road intersection, if needed, as determined by the Transportation Department. g. Construction of additional pavement along Warbro Road to provide left and right turn lanes at the Northern Access and at the Southern Access. h. Full cost of traffic signalization at the Warbro Road/Southern Access intersection, if warranted, as determined by the Transportation Department. i. Construction of pedestrian accommodations, as approved by the Transportation Department, along Route 360 and along Warbro Road for the entire Property frontage j. Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. (T) 5. Transportation Phasing Plan. Prior to any site plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 4, shall be submitted to and approved by the Transportation Department. (T) Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 16-469 06/22/16 �J IC 1AQMnAQn In Matoaca Magisterial District, FC Richmond requests conditional use to permit commercial indoor and outdoor recreational establishments (with incidental office use (including medical), sit down and carry -out restaurants (concessions) and sports related retail uses) computer - controlled variable message electronic sign, and outside public address systems plus conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map in an Agricultural (A) District on 80 acres fronting in two (2) places for a total of 1,160 feet on the south line of Genito Road, 3,660 feet east of Mount Hermon Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Phased Suburban Residential and Suburban Residential I uses (maximum of 2.0 dwellings per acre). Tax ID 706-688-6608. Mr. Turner presented a summary of Case 16SN0690 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Andy Scherzer, representing the applicant, accepted the recommendation. He expressed appreciation to Dr. Edgar Wallin, Matoaca District Planning Commissioner, for his efforts relative to the case. Mr. Elswick called for public comment. There being no one to address the issue, the public hearing was closed. Mr. Elswick also thanked Dr. Wallin and Planning Department staff for their efforts relative to the case. Mr. Elswick then made a motion, seconded by Mr. Holland, for the Board to approve Case 16SN0690 and accept the following proffered conditions: 1. Master Plan. The Textual Statement, last revised June 6, 2016, and Exhibit A, last revised April 18, 2016 and prepared by Balzer and Associates, Inc. shall be considered the Master Plan. (P) 2. Uses. Permitted uses shall be limited to the following: a. Uses permitted by -right in the Agricultural (A) District b. Commercial indoor recreational use C. The following uses shall be permitted provided such uses are located within the same building as the commercial indoor recreational use. After the proposed Powhite Parkway Extended is provided to serve the area, as determined by the Planning Department, the following uses would be permitted 16-470 06/22/16 without being located within the commercial indoor recreational building: i. Office, to include medical ii. Restaurant, to include carry -out and sit-down iii. Retail sales, athletic oriented and related to the on-site recreational uses iv. Indoor training facilities, athletic oriented and related to the on-site recreational uses b. Commercial outdoor recreational use to include: i. Sports playfields ii. Outdoor training facilities that are athletic oriented and related to the on-site recreational uses, such as, but not limited to, outdoor trails, ropes course, kick wall and sprint hills C. Accessory buildings related to the outdoor sports playfield use, such as restrooms, concession stands, equipment and maintenance sheds, scorers/referee stands and picnic pavilions. d. Outside public address systems and speakers, permitted between the hours of 8:00 a.m. and 11:00 p.m. Sunday through Thursday and between 8:00 a.m. and 12:00 a.m. (midnight) Friday and Saturday. (P) 3. Hours of Operation. Commercial outdoor recreational use, including playfields, any restaurant use, and field lighting shall not be permitted between 12:00 a.m. (midnight) and 7:00 a.m. daily. Commercial indoor recreational use, including office and retail sales use, shall not be permitted between 2:00 a.m. and 7:00 a.m. daily. (P) 4. Dedications. Prior to any sixty (60) days of Transportation Department, following rights of way unrestricted, to and for County: site plan approval, or within L written request by the whichever occurs first, the shall be dedicated, free and the benefit of Chesterfield a. Forty-five (45) feet of right of way on the south side of Genito Road, measured from the centerline of that part of Genito Road immediately adjacent to the property. b. 200 foot wide limited access right of way for the proposed Powhite Parkway Extended from Genito Road, through the property, to the southern property line, as generally shown on Exhibit A, prepared by Balzer and Associates, Inc. and last revised April 18, 2016. The exact location and alignment of this right of way shall be approved by the Transportation Department. (T) 16-471 06/22/16 It PE 9 A Note: With this Powhite Parkway Extended right of way dedication, it is understood that the Transportation Department will consider a pedestrian crossing to be provided on the property when Powhite Parkway Extended is constructed. 5. Accesses. Direct vehicular access from the property to Genito Road shall be limited to two (2) entrances/ exits. one (1) access shall be generally located towards the eastern property line, and the second access shall be generally located towards the western property line. The exact locations of these accesses shall be approved by the Transportation Department. (T) 6. Road Improvements. The owner/developer shall be responsible for the following road improvements: a. Construction of additional pavement along Genito Road to provide left and right turn lanes at each approved access. b. Widening/improving the south side of Genito Road to a twelve (12 ) foot wide travel lane, measured from the centerline of the existing pavement, with an additional four (4) foot wide paved shoulder plus a four (4) foot wide unpaved shoulder and overlaying the full width of Genito Road with one and one-half (1.5) inches of compacted bituminous asphalt concrete, with modifications approved by the Transportation Department, for the entire property frontage. C. Construction of a sidewalk along the south side of Genito Road for the entire property frontage. d. Dedication to 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 any "off-site" right-of-way that is necessary for any improvement described in Proffered Condition 6, 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 the available right-of-way as determined by the Transportation Department. (T) 5. Transportation Phasing Plan. Prior to any site plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 6, 16-472 06/22/16 shall be submitted to and approved by the Transportation Department. (T) 6. Development Restriction. No development/improvements, other than the easternmost access to Genito Road and the road improvements identified in Proffered Condition 6, shall be constructed on the property within the two ( 2 ) areas identified for the future Powhite Parkway Extended/Genito Road interchange right of way, as generally shown on Exhibit A, prepared by Balzer and Associates, Inc. and last revised April 18, 2016. The exact location of these interchange rights of way and the improvements permitted within these rights of way shall be approved by the Transportation Department. (T) 7. Sound Limitation. Amplified sound shall not exceed fifty (50) dBa at the nearest property line adjacent to Tax IDs 705-687-3536, 706-685-3851, 708-687-1246, 706- 689-2923 and 5820. (P) 8. Replanting RPA Buffer. Prior to site plan approval, a planting plan to re-establish the 100 -foot RPA buffers along the tributary to Otterdale Branch and along Otterdale Branch shall be approved by the Department of Environmental Engineering. (EE) Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. Mr. Holland recognized board members of FC Richmond and Mr. Mark Russell, property owner, who was in attendance. 16SN0696 In Midlothian Magisterial District, James River Property Group, LLC requests rezoning from Agricultural (A) to Agricultural (A) with conditional use to permit a contractor's office plus conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map on 0.5 acre known as 8728 Forest Hill Avenue. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Neighborhood Office use. Tax ID 755-719-5367. Mr. Turner presented a summary of Case 16SN0696 and stated both the Planning Commission and staff recommended approval, subject to the conditions. Mr. Ken Felts accepted the conditions. Mr. Elswick called for public comment. There being no one to address the issue, the public hearing was closed. 16-473 06/22/16 PC It Ic A CEJ On motion of Ms. Haley, seconded by Mr. Holland, the Board approved Case 16SN0696, subject to the following conditions: 1. Master Plan. The textual statement dated May 2, 2016 shall be considered the master plan. (P) 2. Non -Transferable Ownership. This Conditional Use approval shall be granted to James River Property Group, LLC, exclusively, and shall not be transferable with the land. (P) 3. Use. This Conditional Use approval shall be for the operation of a contractor's office only. (P) 4. Outside Storage. Outside storage shall be prohibited. (P) 5. Location of Contractor's Office, Drives & Parking Areas. The contractor's office building, accessory building, paved and graveled parking areas, and access drives shall be located on the property as generally shown on Exhibit A, dated April 14, 2016. (P) 6. Additions or Alterations. No additions or alterations to the existing structures shall be permitted. Further, additional parking areas or accessory buildings shall be prohibited on the property. This condition shall not preclude normal maintenance for existing improvements or repairs as required by building code. (P) 7. Architectural Style. All structures shall maintain an architectural style compatible with surrounding residential neighborhoods. Compatibility may be achieved through the use of similar building massing, materials, scale or other architectural features. 8. Parking. a. One (1) handicap parking space shall be permitted in the front yard. b. Parking of company motor vehicles shall be prohibited in the front, corner side and side yards of the property. (P) 9. Solid Waste Storage Areas. Within sixty (60) days of approval of this zoning request, the solid waste storage area shall be screened per the Zoning Ordinance. (P) 10. Hours of Operation. The hours of operation for the contractor's office shall be limited to 7:00 AM to 6:00 PM. Saturday and Sunday operation shall be prohibited. (P) 11. Hours of Servicing Waste Storage Areas. Solid waste storage areas shall not be serviced between the hours of 8:00 PM and 7:00 AM. (P) 16-474 06/22/16 12. Signage. Signage shall be limited to one (1) building mounted sign, limited to seven (7) square feet in area. No freestanding signage shall be permitted. (P) 13. Tree Preservation. Existing trees having a caliper of two (2) inches or greater shall be maintained (except for those which are dead, diseased or dying) within the following setback areas: a. Side Yard: Twenty-five (25) feet. b. Front Yard: Twenty (20) feet. (P) Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 16SN0699 In Clover Hill Magisterial District, Kit and Cindy, LLC requests amendment of conditional use planned development (Case 80SN0093) to permit a veterinary hospital and amendment of zoning district map in a Neighborhood Business (C-2) District on 0.9 acre known as 4721 Market Square Lane. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Regional Mixed Use. Tax ID 733-679-4557. Mr. Turner presented a summary of Case 16SN0699 and stated both the Planning Commission and staff recommended approval, subject to the condition. Mr. Kit Charbonneau accepted the condition. 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 Mr. Holland, the Board approved Case 16SN0699, subject to the following condition: In addition to the uses permitted by Condition 2 of Case 80SN0093, the following use shall also be permitted: a. Veterinary hospital, provided that outside runs shall be prohibited. (P) (Staff Note: Except as amended herein, all previous conditions of zoning approved in Case 80SN0093 shall remain in full force and effect.) Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 16-475 06/22/16 It It PC 16SN0702 In Matoaca Magisterial District, Ashley B. Degonia, David J. Degonia, Brent Degonia and Marsha K. Degonia request conditional use planned development to permit exceptions to public road frontage requirements for dwelling purposes and amendment of zoning district map in Agricultural (A) and Residential (R-25) Districts on 34.7 acres located 375 feet west of Hulsey Drive, measured 1035 feet north of Marek Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Rural Residential/Agricultural use. Tax IDs 730-646-3161 and 7188 and 731-646-0033. Mr. Turner presented a summary of Case 16SN0702 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. 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. Holland, the Board approved Case 16SN0702 and accepted the following proffered conditions: The Applicants in this case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the property known as Chesterfield County Tax Identification Numbers 730-646-7188, 731-646-0033, and 730-646-3161 ("the Property") under consideration will be used according to the following proffer(s) if, and only if, the request submitted herewith is granted with only those conditions agreed to by the Applicants. In the event this request is denied or approved with conditions not agreed to by the owners and Applicants, the proffer shall immediately be null and void and of no further force or effect. 1. Textual Statement: The Textual Statement dated May 2, 2016 shall be considered the Master Plan. (P) 2. Subdivision: The subject property shall not be further subdivided, including any family subdivisions, unless public road frontage is provided. (P) 3. Prior to the release of the road construction bond for Degonia Way, the property owner shall provide a copy to the Planning Department of the approved license agreement with the County to use the dedicated but unimproved County right of way (known as Degonia Way) from Point A to Point B as shown on Exhibit A attached hereto. (P) Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 16-476 06/22/16 In Bermuda Magisterial District, Chesterfield County Board of Supervisors requests rezoning from Community Business (C-3) and Residential (R-7) to Residential (R-12) plus conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map on 0.3 acre known as 15307 Hanover Street. 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 ID 828- 641-7797. Mr. Turner presented a summary of Case 16SN0705 and stated both the Planning Commission and staff recommended approval, subject to the conditions. As agent for the Board of Supervisors, he stated he agrees with 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. Winslow, the Board approved Case 16SN0705, subject to the following conditions: 1. Setbacks shall conform to the requirements of the Ordinance for Residential (R-7) Districts with the following exceptions as identified on Exhibit 2: a. Existing dwelling: i. Front yard - 20 feet b. Proposed detached carport i. Front yard - 20 feet ii. Side yard- 0 feet (P) 2. The exceptions identified in Condition 1 are limited to the improvements noted in Exhibit 2. Any further additions to the existing dwelling, proposed detached carport or other accessory structures shall meet the setback requirements for the R-7 District.(P) Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 16SN0719 In Bermuda Magisterial District, Trollingwood Land, LLC, Americana Park, LLC, Moore's Lake Apartments Phase II, LLC and Moore's Lake, LLC request amendment of conditional use (Case 07SN0386) relative to number of dwelling units per floor, parking setbacks and recreational area for multifamily development and amendment of zoning district map in a Community Business (C-3) District on 150 acres fronting 635 feet in five places on the east line of Jefferson Davis Highway, at the terminus of Redwater Ridge Road, and fronting 680 feet on the south line of Osborne Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for General Commercial and Residential use (7.01 to 10.0 units/acre). Tax IDs 799-655-4194; 799-657-3802; 799 -658 - part of 6575 and 800-656-5991. 16-477 06/22/16 It 9 LK CEJ A 21 Mr. Turner presented a summary of Case 16SN0719 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered condition. In response to Mr. Mincks question, Mr. Turner asked the Board to also accept the imposed condition, approved by the Planning Commission. Mr. Kerry Hutcherson, 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. Ms. Jaeckle made a motion, seconded by Mr. Holland, for the Board to approve Case 16SN0719, subject to the imposed condition and acceptance of the proffered condition. In response to Mr. Holland's question, Mr. Mincks stated the imposed condition is a part of the attachment to the addendum. Mr. Elswick called for a vote on the motion made by Ms. Jaeckle, seconded by Mr. Holland, for the Board to approve Case 16SN0719, subject to the following condition: 1. Within Tract B, a maximum of fifty-six (56) dwelling units shall contain three bedrooms. No dwelling unit shall contain more than three (3) bedrooms. (P) And, further, the Board accepted the following proffered condition: The Applicants in this case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the property known as Chesterfield County Tax Identification Numbers 799-657-4194, 799-657-3802, 799-658-6575, 800-656-5991 ("the Property") under consideration will be used according to the following proffer(s) if, and only if, the request submitted herewith is granted with only those conditions agreed to by the Applicants. In the event this request is denied or approved with conditions not agreed to by the owners and Applicants, the proffer shall immediately be null and void and of no further force or effect. Master Plan. The Textual Statement dated October 10, 2007, as revised May 31, 2016 for Tract B (Multifamily Residential), shall be considered the Master Plan for the development. (P) (Staff Note: This proffer supersedes Proffered Condition 1 of Case 07SN0385 for Tract'B, only.) Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 16-478 06/22/16 1 FRM797 In Clover Hill Magisterial District, Chesterfield County Planning Commission requests Conditional Use Planned Development to permit a computer controlled variable message electronic sign and amendment of zoning district map in a Residential (R-7) District on 51.9 acres fronting 1,170 feet on the south line of Center Pointe Parkway, 580 feet west of Brandermill Parkway. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Regional Mixed use. Tax IDs 723-693-7960; 723-694-3851 and 9176. Mr. Turner presented a summary of Case 16SN0727 and stated both the Planning Commission and staff recommended approval, subject to the conditions. As agent for the Planning Commission, he stated he agrees with the conditions. 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 Mr. Holland, the Board approved Case 16SN0727, subject to the following conditions: 1. The free-standing sign shall be located as generally depicted on Exhibit A, prepared by Moore Sign Company and dated 2-19-16. (P) 2. Electronic Sign. 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 twenty-four (24) hours. C. Sequential messaging shall be prohibited; d. Flashing and traveling messages shall be prohibited; e. Bijou lighting and animation effects shall be prohibited; f. The electronic message center shall be incorporated into an architecturally designed sign structure that is compatible and complimentary to the building it serves; 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 63 feet. The computer -controlled, variable message, electronic sign shall have a photocell that automatically adjusts the brightness according to ambient light conditions. (P) Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 16-479 06/22/16 It 19 In Clover Hill Magisterial District, Hanky, LLC requests conditional use to permit a warehouse (self -storage facility) and office uses plus conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map in an Agricultural (A) District on 7 acres fronting 190 feet on the east line of North Courthouse Road, 290 feet north of Reams Road, also fronting 435 feet on the north line of Reams Road, 125 feet east of North Courthouse Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Office uses. Tax IDs 744 -703 -Part of 7882 and Part of 9576; and 745-703-3669. Mr. Turner presented a brief summary of Case 16SN0701 and stated the Planning Commission recommended approval; however, staff recommended denial because the Plan suggests office, not light industrial or general commercial uses; it fails to aggregate parcels at intersection; and it fails to limit height and offer residential character for buildings. Mr. Ramsey then presented a more detailed summary of Case 16SN0701. He stated the applicant's proposal is a mix of one - and two-story buildings that use similar building materials and architecture found in newly constructed North Courthouse Road Library. He further stated the proposal only encompasses 7 acres of the 13.7 acres of office -designated property at the northeast corner of North Courthouse and Reams Road. Consequently, he stated the applicant's proposal would not be representative of the development pattern recommended by the Comprehensive Plan. Mr. Mike Hanky accepted the recommendation. Mr. Elswick called for public comment. There being no one to address the issue, the public hearing was closed. Mr. Winslow stated the proposal offers quality architecture, compatible with the North Courthouse Road Library and will have minimal impact on adjoining properties. Mr. Winslow then made a motion, seconded by Mr. Holland, for the Board to approve Case 16SN0701 and accept the following proffered conditions: 1. Master Plan. The textual statement dated May 6, 2016 and the following exhibits, each of which is made a part of these proffers by this reference thereto, shall be considered the Master Plan. a. Exhibit A, entitled Courthouse Commercial Concept Plan, prepared by The Bay Companies, Inc. and dated April 11, 2016. 16-480 06/22/16 b. Exhibit B, entitled Courthouse Commercial, prepared by GMF + Associates and dated February 28, 2016. (P) 2. Uses. Uses shall be limited to office and indoor self - storage warehouse uses only. Outside storage and on-site storage auctions shall be prohibited. (P) 3. Minimum Office Space Provided. The development of an indoor self -storage warehouse facility shall contain a minimum of 5,600 gross square feet of office space, as shown on the Concept Plan (Exhibit A), within Building A. (P) 4. Concept Plan Requirements. The site shall be designed as generally depicted on the Conceptual Site Plan (Exhibit A). However, the exact location of buildings, parking and other improvements may be modified provided such modifications comply with Ordinance standards, conditions herein, and provided that the general intent of the plan is maintained. Modifications to the Concept Plan may be reviewed and approved by the Director of Planning at time of site plan review. (P) 5. Development Standards. Except for any bulk exceptions specified in the textual statement and for buffers, development of any permitted use shall meet the Zoning Ordinance development standards applicable to the Corporate Office (0-2) District in the Emerging Growth Design District. (P) 6. Architectural Treatment The architectural and exterior materials for the buildings on shall be compatible and consistent with t identified as Exhibit B, with the following a. Buildinq Materials. treatment of the Property .e elevations provisions: i. The portions of the building elevations that are visible to public rights-of-way and adjacent properties zoned for residential or agricultural uses shall be constructed of brick or masonry split -faced block. ii. Building elevations internal to the development may also use E.F.I.S. and metal wall panels (excluding corrugated or unfinished metal panels) or equivalent permanent architecturally finished materials. b. Building Heights. Building heights shall be limited to the lesser of two (2) stories or thirty (30) feet. (P) 7. Buffers. Buffers shall be provided around the perimeter of the property, in accordance with Exhibit A, and shall meet Zoning Ordinance requirements. Buffers of at least fifty (50) feet in width shall not be graded or cleared in order to retain existing vegetation within these 16-481 06/22/16 PI areas. This provision shall not preclude either the removal of dead, diseased or dying vegetation within any buffer area or the placement of utilities which run generally perpendicular through the buffer. (P) 8. Screening. A six (6) foot tall, durable vinyl fence shall be provided within the buffer along a portion of the north Property line, generally as shown on Exhibit A. This fence shall provide screening of the adjoining parking area and "SWM Area" to the adjacent residence located at GPINs 744-703-7194, 744 -703 -Part of 9576 and 744703 -Part of 7882. (P) 9. Freestanding Signage. One (1) freestanding, monument - style sign shall be permitted along North Courthouse Road. This sign shall meet Zoning Ordinance requirements.(P) 10. Lighting. Parking lot lighting for uses permitted by this conditional use shall not exceed a height of twenty (20) feet. (P) 11. Hours of Operation. The hours of operation for offices and indoor self -storage warehouses uses shall be limited to 6:00 AM to 10:00 PM, daily. (P) 12. Hours of Servicing Waste Storage Areas. Solid waste storage areas for any use shall not be serviced between the hours of 8:00 PM and 7:00 AM. (P) 13. Burning Ban. The developer shall not use burning to clear or timber the subject property. (EE) 14. Dedication. Prior to any site plan approval, or within sixty (60) days of a written request by the Transportation Department, whichever occurs first, forty-five (45) feet of right of way on the north side of Reams Road, measured from the centerline of that part of Reams Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 15. Access. a. No direct vehicular access shall be provided from the property to Reams Road. b. Direct vehicular access Courthouse Road shall be entrance/exit, generally northern property line. The access shall be approved Department. Prior to any access easement, acceptablE Department, shall be recorc to provide shared use of t 16-482 from the property to limited to one (1) located towards the exact location of this by the Transportation site plan approval, an to the Transportation led across the property he approved access with 06/22/16 the adjacent property to the south (GPIN 745-703- 0256) . (T) 16. Road Improvements. Prior to issuance of a certificate of occupancy, the following road improvements shall be completed, as determined by the Transportation Department: a. Construction of additional pavement along the northbound lanes of Courthouse Road at the approved access to provide a separate right turn lane; b. Construction of a sidewalk along Courthouse Road and along Reams Road for the entire property frontage; C. Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. (T) 17. Drainage. On-site detention/retention must be provided to achieve minimum 10 -year storm performance on the existing culvert under Reams Road, as determined at time of site plan review. In addition, the post -development 25 -year peak discharge to the existing culvert shall not exceed the pre -development 25 -year peak discharge. (EE) Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. i CUMk Ii►14191 In Bermuda Magisterial District, Westover Farms, LLC and Emerson -Roper Companies LLC request rezoning from Agricultural (A) to Community Business (C-3) of 1 acre plus conditional use planned development to permit exceptions to ordinance requirements on this tract and adjacent 4 acre tract zoned Community Business (C-3) and amendment of zoning district map fronting 550 feet on the north line of East Hundred Road, 640 feet east of Rivers Bend Boulevard. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Neighborhood Business use. Tax IDs 816-652- 0562, 1560, 2559, 3658 and 4655. Mr. Turner presented a summary of Case 16SN0703 and stated the Planning Commission recommended approval of Requests I and II. He further stated although staff recommended approval of Request I, they recommended denial of Request II because the proposal fails to provide a development pattern that is consistent with new development in the Route 10 East Design District and it fails to provide adequate justification for the requested exceptions. Mr. Kerry Hutcherson, representing the applicant, accepted the recommendation of the Planning Commission. 16-483 06/22/16 P] A 14 Mr. Elswick called for public comment. Mr. Freddy Boisseau expressed concerns relative to the proposal failing to provide a development pattern that is consistent with new development in the Route 10 East Design District. In response to Mr. Boisseau's concern, Ms. Jaeckle stated Mr. Gib Sloan, Bermuda District Planning Commissioner, felt the applicant was very reasonable because the topography of the land was problematic. Mr. Hutcherson stated the key component is to make all five parcels that are part of the development part of a very consistent flow throughout the whole site. He noted parking is not required to be at the front of the building when there is a drive-through feature included. Ms. Jaeckle stated parking would severely limit the internal access within the shopping center. There being no one else to address the issue, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Mr. Holland, for the Board to approve Case 16SN0703 and accept the proffered conditions. In response to Mr. Holland's question, Mr. Hutcherson stated there were no issues from citizens that arose in relation to the case. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved Case 16SN0703 and accepted the following proffered conditions: The Applicants in this case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the property known as Chesterfield County Tax Identification Numbers 816-652-0562, 1560, 2559, 3658 and 4655 ("the Property") under consideration will be used according to the following proffer(s) if, and only if, the request submitted herewith is granted with only those conditions agreed to by the Applicants. In the event this request is denied or approved with conditions not agreed to by the owners and Applicants, the proffer shall immediately be null and void and of no further force or effect. 1. Master Plan. The Textual Statement dated May 9, 2016 shall be considered the master plan. (P) Proffered Conditions 2 through 4 shall apply to the parcels that are part of the rezoning request, better known as Chesterfield County Tax Identification Numbers 816 -652 -Part 16-484 06/22/16 of 3658 and Part of 4655. (Staff Note: The part of parcels are identified as Request I on Map 1) 2. Uses. Uses permitted on the Property shall be limited to the following: a. Any permitted use in the C-2 District. b. Carpenter and cabinetmakers' offices and display rooms. C. Cocktail lounges and nightclubs. d. Contractors' offices and display rooms. e. Electrical, plumbing, or heating supply sales, service, and related display rooms. f. Feed, seed, and ice sales. g. Greenhouses or nurseries. h. Home centers. i. Indoor flea markets. j. Liquor stores. k. Recreational establishments, commercial -indoor. 1. Repair services, excluding motor vehicle repair. M. Restaurants, to include carry -out and fast food. n. Schools - commercial, trade, vocational, and training. o. Secondhand and consignment stores, excluding motor vehicle consignment lots. p. Veterinary hospitals and/or commercial kennels. q. Outside storage, as accessory to a permitted use, including, but not limited to: retail building materials; construction equipment/materials; outside runs for commercial kennels or veterinary hospitals; feed/seed items, garden centers, greenhouses, hot houses; miscellaneous materials for retail/wholesale sales; provided that: i. Such uses are screened from view of any adjacent properties on which such uses are not permitted or do not exist, and from areas currently zoned A and designated on the comprehensive plan for R, A, O, or I-1 uses and external public road rights-of-way. ii. No more than ten percent of the gross floor area of the principal use may be used for outdoor storage. r. Continuous outside display of merchandise for sale, as accessory to a permitted use, provided that: i. Merchandise shall be located under a covered pedestrian way that does not exceed 16 feet in width; ii. No more than five percent of the gross floor area of the principal use shall be used for outside display purposes; and iii. Merchandise is displayed so that it does not obstruct pedestrian access. S. Prepared food and fruit and vegetable vendors, provided that: i. Only prepared food, fruits, and vegetables shall be sold; 16-485 06/22/16 D 9 lk ii. They shall be permitted only on a lot or parcel occupied by a permanent use; iii. They shall be located where improved permanent parking facilities are available for their use, provided that the required minimum and most convenient parking spaces for the existing permanent use shall be used; iv. Any temporary structure, vehicle, sign or other material associated with or resulting from the use shall be removed from the lot or parcel no later than 24 hours following the end of the temporary sale cessation of the use; and V. All vendor areas shall be located a minimum of 1,000 feet from any property in an R, R-TH, or R -MF District or any property currently zoned Agricultural and designated for residential use on the comprehensive plan unless the sales area is separate from the property by a permanent building, provided that all such areas shall be located in accordance with the district's minimum yard setbacks. (P) 3. Service of Solid Waste Storage Area. The solid waste storage area permitted on the Property shall not be serviced between the hours of 8:00 p.m. and 7:00 a.m. Such area shall be prominently posted with a sign not to exceed six (6) square feet designating the hours in which the solid waste storage area may be serviced. (P) 4. Buffer. A fifty (50) foot buffer shall be provided along the property line adjacent to Tax IDs 816-652-5799 and 816-653-4603. Such buffer shall comply with Ordinance requirements, with the exception that BMP/SWM basins may be located within the buffer. If a BMP/SWM basin is located inside the buffer, a planting area measuring a minimum of fifteen (15) feet wide that is unencumbered by the basin improvements shall be provided adjacent to the rear property line. In addition, the buffer shall be maintained until such time that these two (2) adjacent parcels are no longer zoned A, R, R-TH or R -MF Districts. (P) 5. Post Development Runoff. The post development runoff rate for the 2, 10, and 100 year storms shall not exceed the corresponding pre -development runoff rate. (EE) 6. Dedication. Prior to any site plan approval or within sixty (60) days of a written request by the Transportation Department, whichever occurs first, 100 feet of right of way on the north side of East Hundred Road (Route 10), measured from the centerline of that part of Route 10 immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 7. Access. Direct vehicular access from the property to Route 10 shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. (T) 16-486 06/22/16 8. Road Improvements. The owner/developer shall be responsible for the following road improvements: a. Construction of additional lane of pavement along the westbound lanes of Route 10 for the entire Property frontage. b. Construction of additional pavement along the westbound lanes of Route 10 to provide a separate right turn lane at the approved access. C. Construction of a sidewalk along the north side of Route 10 for the entire Property frontage d. Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. (T) 9. Transportation Phasing Plan. Prior to any site plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 8 shall be submitted to and approved by the Transportation Department. (T) Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. Ms. Jaeckle recognized the tremendous efforts of Planning Commissioners relative to zoning case processes. 18. PUBLIC HEARINGS 18.A. TO CONSIDER THE FY2017 SECONDARY ROAD IMPROVEMENT BUDGET Mr. Smith stated this date and time has been advertised for the Board to consider the FY2017 secondary road improvement budget. He further stated the FY2017 budget represents the implementation of the second year of the Secondary Road Six - Year Improvement Plan adopted by the Board in May 2015. He stated VDOT estimates $1,133,073 will be available for secondary road improvements in FY2017. He further stated funding for FY2017 has been programmed to the following projects: Newby's Bridge Road at Burnett Drive Curve Improvement, Nash Road over Rita Branch Bridge Reconstruction, Potts Street Paving, Adventure Hill Lane Paving and Wild Turkey Run Rural Addition. Mr. Elswick expressed his appreciation to Mr. Butch Sirry, Residency Administrator for the Virginia Department of Transportation, and Mr. Kevin Reichert, Senior Project Delivery Engineer for the Virginia Department of Transportation, for their efforts relative to transportation in Chesterfield County. Mr. Elswick called for public comment. There being no one to address the issue, the public hearing was closed. 16-487 06/22/16 Ic Ic F A D Mr. Holland voiced his approval of the significant safety improvements of Newbys Bridge Road at Burnett Drive. He stated he hopes access improvements from Nash Road to Ironbridge Road can be achieved in the future. Mr. Holland then made a motion, seconded by Mr. Winslow, for the Board to adopt the following resolution: WHEREAS, the Virginia Department of Transportation (VDOT) has submitted its proposed FY2017 Secondary Road Improvement Budget to the county; and WHEREAS, the FY2017 budget represents the implementation of the second year of VDOT's Six -Year Improvement Plan adopted by the Board in May 2015. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors approves the FY2017 Secondary Road Improvement Budget as presented by VDOT. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 18.B. TO CONSIDER ORDINANCE AMENDMENTS RELATED TO PRIVATE INDIVIDUAL ONSITE WATER AND SEWAGE SYSTEMS Mr. Cash stated this date and time has been advertised for the Board to consider ordinance amendments related to private individual onsite water and sewage systems. He further stated the project as recommended by the Comprehensive Plan, was to evaluate existing ordinances relative to private individual water (well) systems and wastewater (septic tanks and alternative onsite sewage) systems to determine if standards should be updated based upon current technology and if so, amend ordinances appropriately. He stated the Planning and Health Departments, in concert with the County Attorney's Office, evaluated existing ordinances and determined that amendments would be appropriate to address current technology and eliminate redundancy or conflicts with state requirements. He further stated on May 17, 2016, the Planning Commission considered the proposed amendments and recommended approval. In response to Mr. Winslow's question regarding Section 12-4, Mr. Cash stated that provision refers to a shared system between multiple properties. Mr. Jack Watts, Environmental Health Manager, stated whenever there are multiple units sharing a system, the Health Department does not have the authority to issue a standard permit. He noted the approval would be made by the Board of Supervisors. Mr. Elswick called for public comment. There being no one to address the issue, the public hearing was closed. 16-488 06/22/16 Ms. Jaeckle expressed her appreciation to Mr. Cash for his efforts relative to the amendment process. In response to Mr. Elswick,s question, Mr. Mincks stated the ordinance would need to be changed to include language relative to private well systems. Discussion ensued relative to future changes to the Water and Sewers ordinance. On motion of Mr. Holland, seconded by Ms. Haley, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 12-1, 12-2, 12-3, 12-4, 12-11, 12-12, 12- 13, 12-14, 12-15, 12-51, 12-52, 12-53, 17-9, 17-51, 17-72, 17-83, 17-85, AND 18-69; AND REPEALING SECTIONS 12-16, 12-17, 12-18, 12-19, 12-20, 12-21, 12-22, 12-23, 12-24, 12-25, 12-26, AND 17-84 RELATING TO ONSITE SEWAGE DISPOSAL SYSTEMS AND PRIVATE WELLS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 12-1, 12-2, 12-3, 12=4, 12-11, 12-12, 12-13, 12-14, 12-15, 12-51, 12- 52, 12-53, 17-9, 17-51, 17-72, 17-83, 17-85, and 18-69 of the Code of the County of Chester geld, 1997, as amended, are amended and re-enacted, and Sections 12-16, 12-17, 12-18, 12-19, 12-20, 12-21, 12-22, 12-23, 12-24, 12-25, 12-26, and 17-84 of the Code o the County of Chester geld, 1997, as amended, are repealed, to read as follows: CHAPTER 12 - HEALTH AND SANITATION ARTICLE I. - GENERAL PROVISIONS Sec. 12-1. Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings: Approved method of sewage disposal: a properly installed and properly functioning plumbing system connected to either an approved public or privately -owned sewage disposal system; an approved properly installed individual onsite sewage system; or an approved properly installed direct discharge system. Health department: the county health department director or his duly authorized representative. Lot: As defined in Chapter 19.1. Sewage: water -carried and non -water -carried human excrement, and kitchen, laundry, shower, bath, or lavatory wastes, separately or together with such underground surface, storm, and other water and liquid industrial wastes as may be generated from residences, buildings, vehicles, industrial establishments or other places. Sec. 12-2. Location of approved method of sewage disposal. Any approved method of disposal of sewage shall be located and constructed so that it will not endanger a source of drinking water, or be accessible to flies, other insects or animals. 16-489 06/22/16 P] lk A Sec. 12-3. Approved methods of sewage disposal required for premises used for human habitation and other uses occupied by humans. Any building or structure used for human habitation, any warehouse, public building, or other place where human beings congregate or are employed shall not be used, occupied, rented, or leased unless and until such building or structure is supplied or equipped with an approved method of sewage disposal. Sec. 12-4. Sewage disposal systems designed to serve three or more connections. Sewage disposal systems which are designed to serve three or more connections and which are not under the jurisdiction of the department of utilities shall not be constructed unless approved by the board of supervisors, the health department, and the environmental engineering department. IMM ARTICLE II. ONSITE SEWAGE DISPOSAL SYSTEMS Sec. 12-11. Definitions. For the purposes of this article, the following words and phrases shall have the following meanings: Alternative Onsite Sewage System or AOSS: a treatment works that is not a conventional onsite sewage system and does not result in a point source discharge. Accessory Structure: a structure other than the principal structure; it includes, but is not limited to, a shed, garage, carport, deck, ramp, barn, or gazebo. Buildable footprint: the portion of the building envelope depicted on plats or plans to be occupied by the structure, and that demonstrates the ability to comply with all standards for onsite sewage systems and not encroach upon the approved system. Conventional Onsite Sewage System or COSS: a treatment works consisting of one or more septic tanks with gravity, pumped, or siphoned conveyance to a gravity distribution subsurface drainfield. Onsite Sewage System: treatment works designed not to result in a point source discharge. A system includes reserve area, sewer line, septic tank, treatment unit, conveyance line, distribution box, header line, drainfield, trenches, and disposal area. Onsite Soil Evaluator: an individual licensed by the Department of Professional and Occupational Regulation as an Onsite Soil Evaluator. The person is licensed to evaluate soils and soil properties in relation to the suitability of the soils for locations for onsite sewage systems. Professional Engineer or PE: an individual licensed by the Department of Professional and Occupational Regulation as a Professional Engineer. Repair system: an existing onsite sewage system that is either being repaired or replaced because of a system failure. Reserve area: secondary drainfield site to be maintained as a site for a repair system. Sec. 12-12. Conditions under which onsite sewage systems are allowed. 16-490 06/22/16 Subject to the provisions of Chapter 18, onsite sewage systems may be used for sewage disposal subject to the requirements of the Code of Virginia and as outlined herein. Sec. 12-13. Onsite sewage system regulations. 1. Subdivision Construction Plans or Residential Parcel Subdivision Final Plats. a. At the time of submission of construction plans or residential parcel subdivision final plats, the subdivider shall submit a report for each proposed lot certifying that all proposed onsite sewage system sites on lots comply with the health department regulations and this chapter. The report shall be prepared by an onsite soil evaluator and include information required by the health department and in accordance with the Code of Virginia. b. The subdivider shall provide sufficient information regarding the location of the proposed onsite drainfield sites such that the health department can field verify the findings of the onsite soil evaluator. The sites shall be well marked on the lot. At the request of the health department, the onsite soil evaluator shall accompany the health department to the proposed drainfield and reserve area sites to locate them. The final plat will not be approved until the onsite review is completed. The health department shall advise the director of planning when the onsite review is completed and the plat is acceptable to the health department. 2. Building Permit. When any method of sewage disposal other than public wastewater is proposed, the building official shall not issue a building permit until after the health department has issued a permit to construct an onsite sewage system or other method of sewage disposal. The building permit shall state any restrictions or qualifications of the health department approval. Further, until the health department approves it, the building official shall not issue a building permit for any of the features shown in Table 1 in Section 12-13.6 when the property on which the feature is to be located or any adjacent property has a private onsite sewage system. 3. Except as stated below, a primary drainfield area and a reserve area shall be provided. The reserve area shall have capacity at least equal to that of the primary drainfield site; however, the health department may waive the requirement for a lot recorded prior to October 1, 1989 if sufficient space does not exist to accommodate the reserve area. 4. No portion of a septic system serving a lot or parcel of property may be located on another lot or parcel of property, unless such portion is located within a recorded easement. 5. An onsite sewage system serving a residential dwelling unit shall be designed for, and constructed with, the ability to dispose of waste from a garbage disposal unit. A conventional onsite sewage system accommodating a garbage disposal shall have a 1,250 -gallon septic tank installed between the disposal unit and the designed septic tank. 6. Setbacks. Onsite sewage systems installed after (DATE OF ADOPTION) shall be set back from features located both onsite and offsite as outlined in Table 1. 16-491 06/22/16 F lk A Further, any feature shown in Table 1 constructed after (DATE OF ADOPTION) shall be set back from onsite sewage systems the distances as outlined in Table 1. However, a repair system may encroach into the setbacks shown in Table 1 provided the encroachment is no further into the required setbacks than the existing system. The health department may grant exceptions to these setback requirements based upon unique circumstances such as, but not limited to, environmental constraints, topography, or other physical features, provided that such exceptions shall not result in noncompliance with state regulations. Feature pSetbpack(feet) Accessory structure 10 Basement 20 Building foundation 10 Irrigation system 10 Pool -above ground 10 Pool -in ground 20 Private well 50 Property line 10 Retaining wall 5 Utility line -in ground 10 7. Prohibitions. a. The following materials shall not be disposed of in an onsite sewage system: • Hazardous chemicals as defined by Statewide. Fire Prevention Code; • Petroleum products; • Insecticides; • Fungicides; • Embalming fluids; and • Photography developing fluids. b. No part of an onsite sewage system shall be covered with a building; garage; or relatively or completely impervious structures such as driveways, patios, blacktop or other hard -surfaced areas or stationary built -in-place outdoor cooking facilities. The health department may grant exceptions to this prohibition if the system is 16-492 06/22/16 designed to withstand specified loads and contains approved access manholes to each section of the system. c. Onsite sewage system sites shall not encroach into, or be encroached upon, by easements, resource protection areas, buffers or construction limits of roads. d. A garbage disposal unit shall not be connected to an onsite sewage system except as provided in Section 12-13.5. Sec. 12-14. Maintenance and repair of onsite sewage systems. 1. Conventional onsite sewage systems which do not require a Virginia Pollution and Discharge Elimination System (VPDES) permit shall be maintained as follows: a. the system shall be pumped out at least once every 5 years; or b. the owner shall submit documentation from an operator or onsite soil evaluator that the septic system has been inspected, is functioning properly, and the tank does not need to be pumped for at least 2 years. 2. If public wastewater is not available, an existing onsite sewage system for an existing building shall be permitted to be replaced in the same general location provided the new system conforms to all other applicable regulations. If public wastewater is available, connection to the public system shall be required if the existing system requires replacement. 3. Alternative onsite sewage systems shall be maintained in accordance with state regulations. 4. Failure to Maintain. If the county administrator, or an official designated by him, determines that a system has not been maintained in accordance with requirements 1 through 3 of this section, the health department shall notify the property owner of the violation and the requirement to correct the violation. The notice shall be sent by certified mail, return receipt requested, to the address of the owner listed in the real estate tax records. If the violation is not corrected within 30 days after the notice, the county administrator or his designee may correct the violation. The cost of such correction plus an administrative fee shall be billed to the property owner. If not paid within 30 days, the costs shall be added to and collected in the same manner as the real estate tax on the property. In addition, the county administrator or his designee shall certify to the clerk of the circuit court that the costs have not been paid and the clerk shall record such in the judgment lien docket book. 5. Contractor Requirements. a. Equipment. Equipment for cleaning operations shall be inspected and approved by the health department and conform to the following: • the tank into which the sludge is pumped, delivered, and carried shall be fully enclosed and watertight; • inlets and outlets to tanks shall be fully enclosed and provided with watertight valves; 16-493 06/22/16 P] F lk A A • suction and discharge hoses shall be watertight and provisions shall be made for carrying the equipment to prevent any leakage from the hose; • exposed surfaces shall be painted and maintained in a sanitary condition by frequent washings; and • the name and address of the person owning or operating the equipment and the number assigned by the health department shall be painted on the equipment in letters at least 4 inches high. b. Disposal of Sludge. Sludge and other material removed from onsite sewage systems shall be disposed of into a sewage system or sewage treatment plant, at such designated locations and under such conditions as may be approved by the health department. All persons who engage in the onsite sewage cleaning business shall provide the health department with the name, address and location of the site where the sludge and other material will be deposited. The health department shall approve the disposal site before any disposal takes place. The sludge or other material shall be carefully deposited, and the surface of the ground, manholes and tanks into which the deposit is made shall be maintained in a sanitary condition. Spilled sludge or other material shall be promptly and completely removed. Sec. 12-15. Abatement of unsanitary conditions. If any person violates this article or the provisions of a permit issued pursuant to this article, or if an onsite sewage system, privy, closet, toilet, drainage system, or any part thereof is found to be detrimental to life or health, the health department shall issue an order to the owner and/or occupant of the premises to abate, remove, suspend, alter, improve or otherwise correct the condition or violation specified in the order. Secs. 12-16-12-40. Reserved. NXIM ARTICLE IV. PRIVATE WELLS Sec. 12-51. Definitions. For the purposes of this article, "private wells " means a source of supplying water to one lot. Sec. 12-52. Conditions under which private wells are allowed. Subject to the provisions of Chapter 18, private wells may be used to provide water for domestic consumption subject to the requirements of the Code of Virginia, and as outlined herein, provided that any lot recorded on or after September 14, 1988 is at least 1 acre in size. Sec. 12-53. Private well regulations. 1. Residential Subdivision. If required by the health department, a hydrologic study for a proposed residential subdivision shall be conducted which provides a scientific 16-494 06/22/16 determination of the quality and quantity of potable water in the underlying aquifer under both normal and drought conditions. 2. Building Permit. For lots to be developed with private wells, developed springs, or cisterns, the building official shall not issue a building permit until after the health department has approved the location, facility and water completion report. The building permit shall state any restrictions or qualifications of the health department approval. 3. No portion of a private well or water line serving a private well shall be located on another lot unless such portion is located within a recorded easement. 4. Setbacks. Wells installed after (DATE OF ADOPTION) shall be set back from features located both onsite and offsite as outlined in Table 1. Further, any feature shown in Table 1 constructed after (DATE OF ADOPTION) shall be set back from wells the distances as outlined in Table 1. However, a replacement well may encroach into the setbacks shown in Table 1 provided the encroachment is no further into the required setbacks than the existing well. The health department may grant exceptions to these setback requirements based upon unique circumstances such as, but not limited to, environmental constraints, topography, or other physical features, provided that such exceptions shall not result in noncompliance with state regulations. Feature Setback (feet) Class III C or IV Private Well Class III A or B Private Well Accessory structure 50 50 Building foundation 50 50 Drainfield or reserve area 100 50 Onsite sewage system (except drainfield or disposal area) 50 50 Pool 10 10 Property line 50 25 Utility lines, in ground 10 10 Other Contaminant sources* 100 50 *The term "other contaminant sources" includes, but is not limited to, underground storage tanks, animal containment areas and hog lots. 16-495 06/22/16 M lk A ••t CHAPTER 17 SUBDIVISION Sec. 17-9. Fees. In addition to any other required fees, including those fees imposed by state agencies, the fees provided in this section shall be submitted to the planning department in conjunction with the specified application or request. Application Type Fee (in dollars) Preliminary Subdivision Plat Initial Submittal plus 2 Revision Submittals 1000 plus 50 per lot Fourth and Subsequent Submittals 900 Overall Conceptual Plan (submitted for review separate from Preliminary Subdivision Plat) Initial Submittal plus 2 Revision Submittals 1100 Fourth and Subsequent Submittals 900 Construction Plan Review Initial Submittal plus 2 Revision Submittals 1400 plus 70 per lot or parcel Fourth and Subsequent Submittals 1000 Table Review 350 Construction Plan Adjustment 500 per submittal Lot Subdivision Final Plat 1600 plus 30 per lot Minor Subdivision Final Plat 1600 plus 30 per lot Amended or Line Modification Final Plat 85 per lot or parcel Residential Parcel and Family Subdivision Final Plat 100 per lot or parcel Onsite Sewage System Soils Analysis Review 155 per lot or parcel Major Change to Approved Plat 1000 per submittal Technical Correction Letter per Requested Change 100 Exceptions to Subdivision Requirements Sec. 17-8 1000 per ordinance section lil Deferral Request by Applicant from Planning Commission Public Hearing/Meeting 1000 for first deferral plus 2000 for each deferral thereafter Written Verification of Subdivision or Subdivision Interpretation 150 [1] This fee is in addition to fees applicable to a subdivision plat review. IMM4] 8. Sec. 17-51. Residential parcel subdivision final plat. B. Procedure. 3. Residential parcel subdivisions shall be reviewed by the director of planning and (W I � the following personnel, as applicable: 16-496 06/22/16 a. The director of transportation, if any proposed lot or parcel abuts an existing street. Right-of-way shall be dedicated along existing streets adjacent to all proposed lots or parcels, as required by the director of transportation. b. The director of environmental engineering, for review of storm drainage and environmental features authorized by the Code. c. The health department, if any proposed lot or parcel would be served by private wells or onsite sewage systems. d. The director of utilities, if any proposed lot or parcel would be served by public water or sewer. e. The utilities right-of-way office for street right-of-way dedication and utility easement review. f. The fire marshal, to verify compliance with Chapter 10, Fire Protection Code and Sec. 17-76 for street access requirements. 000 9. Sec. 17-72. Improvements --Required. 10. Sec. 17-83. Minimum requirements. B. Lots or parcels to be served by onsite sewage systems or private wells shall comply with the regulations of the state health department and Chapter 12 of the Code. For subdivisions utilizing onsite disposal sewage systems, the final plat shall contain the following language: Conventional and alternative onsite sewage systems shall be maintained (including pump -out or inspection requirements) in accordance with county code and state regulations. ••M 11. Sec. 17-84. Reserved. 12. Sec. 17-85. Definitions. 000 D. The following definitions shall apply to this chapter: 000 Buildable footprint: The portion of the building envelope depicted on plats or plans to be occupied by the structure, and that demonstrates the ability of the subdivider to comply with Chapter 12 relative to onsite sewage systems and private wells, and the requirements of Chapter 10, Fire Protection Code relative to fire access. Onsite sewage system: As defined in Chapter 12, Article II of the Code. 000 Well, private: As defined in Chapter 12, Article IV of the Code. 16-497 06/22/16 PC P] A CHAPTER 18 — WATER AND SEWERS 000 Sec. 18-69. Substances that shall not be deposited in the wastewater system. No person shall discharge, deposit or permit to be discharged or deposited any of the substances listed in section 12-13.7.a into the wastewater system, except in accordance with article IV. 000 (2) That this ordinance shall become effective immediately upon adoption. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 18.C. TO CONSIDER BON AIR ZONING ORDINANCE AMENDMENTS Mr. Cash stated this date and time has been advertised for the Board to consider Bon Air zoning ordinance amendments. He further stated the project as recommended by the recently adopted Bon Air Special Area Plan, a component of the Comprehensive Plan, is to evaluate existing ordinances and amend where appropriate to guide growth and development, as recommended by the plan. He stated the Planning Department has evaluated existing ordinances and determined that amendments to the zoning ordinance would be appropriate to address the Bon Air Special Area Plan recommended design standards. He further stated the Planning Commission recommended approval of the proposed amendments. Mr. Elswick called for public comment. Mr. Dave Anderson, a Midlothian District resident, expressed concerns relative to limiting auto oriented businesses. There being no one else to address the issue, the public hearing was closed. Mr. Winslow made a motion to adopt the ordinance. Ms. Haley seconded Mr. Winslow's motion. In response to Ms. Haley's concerns relative to the semantics, Mr. Turner stated auto oriented uses refer to those uses that are designed to support automobile related use. Ms. Jaeckle stated that in previous discussions the idea of having uses designated to support automobile service was needed in the area. In response to Ms. Jaeckle's question, Mr. Turner stated provisions are made for those particular uses in the Comprehensive Plan. He further stated businesses that service automobiles are not appropriate in a village core; however, applicants through the zoning process may modify their design standards to fit with the appearance of the village. Ms. Jaeckle expressed concerns relative to the need of automobile service businesses within walking distance of the village. 16-498 06/22/16 Ms. Haley stated she is comfortable with the explanation that in the event the right entity could present a conditional use application, it can be considered by the Board. Mr. Elswick called for the vote on the motion made by Mr. Winslow, seconded by Ms. Haley, for the Board to adopt the following ordinance: Mr. Elswick called for the vote on the motion made by Mr. Winslow, seconded by Ms. Haley, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 19.1-52, 19.1- 53, 19.1-251, 19.1-263, 19.1-341, 19.1-346, 19.1-350, 19.1-351, 19.1-352 & 19.1-570 OF THE ZONING ORDINANCE RELATING TO BON AIR SPECIAL DESIGN DISTRICT. BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19.1-52, 19.1-53, 19.1-251, 19.1-263, 19.1-341, 19.1-346, 19.1-350, 19.1- 351, 19.1-352 & 19.1-570 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted, to read as follows: 16-499 06/22/16 1K PC A C. Enumerated Uses. Table 19.1-52.A. outlines the uses permitted by right, with restrictions, as accessory, by Conditional Use, by Special Exception or by Manufactured Home Permit in each zoning district. '111 2. Uses Permitted with Restrictions. 111 b. "R(1)," "R(2)" or "R(3)" indicates that the use is permitted subject to certain restrictions in the respective zoning district. The restrictions for the uses noted with "R(1)," "R(2)," or "R(3)" are listed at Section 19.1-54. If the restrictions in Section 19.1-54. cannot be met, the use may be allowed by Conditional Use. 111 Table 19.1-52.A. USES ENUMERATED. Use P =Permitted by Right R and RS = Permitted with Restrictions A=Accessory C = Conditional Use S= Special Exception M= Manufactured Home Permit Zoning Districts R-7 thru 88 R -C R-TH R -MF MH -1 MH -2 MH -3 A 0-1 0-2 C-1 C-2 C-3 C4 C-5 I-1 I-2 1- 000 Automobile accessory store C R R R P P R(3) R(3) R( 000 Automobile wash C R P P C C 000 Grocery store C R(1) P R R P P R(3) R(3) R( 000 Restaurant, carry -out C R R P P C C 000 000 16-500 06/22/16 Those uses listed as "R" or "RS" in Table 19.1-52.A. shall be permitted in the respective zoning districts provided that the restrictions as outlined below are met. If the restrictions cannot be met, the use may be allowed in the respective zoning district through either a Conditional Use or Special Exception. 000 1. C-1 District: a. Use is not located in Bon Air Special Design District; or b. Automobile repair or installation of parts does not occur. 2. C-2, C-3 Districts: Use is not located in Bon Air Special Design District. 1. C-2 District: a. Use is not located in Bon Air Special Design District; or b. Automobile repair or sales does not occur. 2. C-3, C-4 Districts: a. Use is not located in Bon Air Special Design District, or within a shopping center unless it was within the center prior to May 26, 2004; b. Elevated display of automobiles does not occur; c. Use is setback 100 feet from adjacent R, R-TH, R -MF or O property, or adjacent A property shown on the comprehensive plan for R, R-TH, R -MF or O uses. The setback is landscaped at a density of 2.5 times Perimeter Landscaping C; d. Garage -type doors are either oriented away from, or screened from view of, adjacent R, R-TH, R -MF or O property, adjacent external roads, or adjacent A property shown on the comprehensive plan for residential or office uses; e. Repair services occur only as accessory to the use, and repair does not include body repair; f. Except for minimal repairs necessary to allow a vehicle to be moved into the service area, repair activities and storage of new or replaced repair materials either occurs inside a building, or the area is screened from view of adjacent R, R-TH, R -MF or O property, adjacent external roads, or adjacent A property shown on the comprehensive plan for residential or office uses; and g. Storage yards for vehicles awaiting body repair, painting, auction or wholesale sales are screened from view of adjacent property on which such yards are not permitted or do not exist, adjacent external roads, or adjacent A property shown on the comprehensive plan for residential or office uses. 16-501 06/22/16 It P] A A C-3, C-4 Districts: a. Use is not located in Bon Air or Chester Special Design Districts; and b. The following requirements are met unless the use was in operation prior to May 26, 2004: • Use is not within a shopping center; • Use is setback 100 feet from adjacent R, RTH, R -MF or O property, or A property shown on the comprehensive plan for R, R-TH, R -MF or O uses. The setback is landscaped at a density of 2.5 times Perimeter Landscaping C; • Except for minimal repairs necessary to allow a vehicle to be moved into the service area, repair activities and storage of new or replaced repair materials shall either occur inside a building, or the area is screened from view of adjacent R, R-TH, R -MF or O properties, adjacent external roads, or adjacent A property shown on the comprehensive plan for residential or office uses; and • Storage yards for vehicles awaiting body repair or painting are screened from view of adjacent property on which such yards are not permitted or do not exist, adjacent external roads, or adjacent A property shown on the comprehensive plan for residential or office uses. 1. C-1 District: a.Use is accessory to a principal use; b. Use is not located along a road which terminates in a residential neighborhood; and c.Use is not located in Bon Air or Chester Special Design Districts. 2. C-2, C-3, C-4, C-5 Districts: Use is not located in Bon Air or Chester Special Design Districts. C-2, C-3, C-4, C-5 Districts: Use is not located in Bon Air or Chester Special Design Districts. C-3, C-4, C-5 Districts: Use is not located in Bon Air or Chester Special Design Districts. 111 C-3 District: Use is not located in Bon Air Special Design District. 000 16-502 06/22/16 C-2, C-3 Districts: In Bon Air Special Design District, the building does not exceed 20,000 square feet of gross floor area per story. 111 C-2, C-3 Districts: In Bon Air Special Design District, the use does not have a drive-in window or curb service. C-3, C-4, C-5 Districts: a. In Bon Air Special Design District, the use does not have a drive-in window or curb service; or b. Use is not located in Chester Special Design District. 1. C-3 and C-4 Districts excluding the Employment Center Design District: a. Use is not located in the Bon Air Special Design District; b. Outside storage is accessory to a permitted or restricted use; c. Storage area plus any permitted outside display located outside of covered pedestrian ways does not exceed 10 percent of the gross floor area of the principal use. d. Unless restrictions of a specific use address outside storage screening requirements, the area is screened from view of adjacent property on which such uses are not permitted, A property designated on the comprehensive plan for R, R-TH, R -MF, A, O, MH or I-1 uses, and roads; and e. View is minimized from limited access roads through site or architectural design, topography, landscaping, setbacks or other features. 111 16-503 06/22/16 It PC 9 A Notes for Table 19.1-251.B. [1] Healthy existing trees or shrubs may be credited toward landscaping requirements if reasonably distributed throughout the length of the area. [2] Walls or fences with a minimum height of 3 feet may reduce the amount of required plant materials, as determined at the time of plan review. [3] If overhead utility lines conflict with large deciduous trees, such trees shall be placed within planting areas or islands located adjacent to the setback. Such planting areas or islands shall have a minimum size of 300 square feet per required tree. [4] An average 3 foot high undulating berm, designed to provide topographical interest yet maintain reasonable visibility into parking areas, and having maximum side slopes of 3:1 shall be installed within the setback. [5] An evergreen shrub hedgerow that is maintained at a height of 3 to 4 feet for the length of parking areas. [6] Either 1 medium shrub for each 5 lineal feet; a continuous hedgerow; or a continuous white or whitewashed picket fence, with a height of 3 to 4 feet. [7] Either 1 medium shrub for each 5 lineal feet; a continuous hedgerow with a height of 3 feet at time of planting; a continuous decorative wood, PVC or wrought -iron fence with a height of 3 to 4 feet; or a continuous brick wall with a height of 3 to 4 feet. [8] Either a continuous hedgerow with a height of 3 feet at time of planting; or a continuous 5 to 6 foot high screening fence or wall constructed of the same materials used in the building. [9] A continuous evergreen hedgerow that grows to, and is maintained at, a height of 3 to 4 feet for the length of the parking areas. [IO]At time of plan review, alternative treatment may be approved based upon reduced averaged setbacks, utility conflicts, or to ensure sign visibility. [ 11 ] A double staggered hedgerow of evergreen medium shrubs for the length of parking areas between parking areas and roads, and low shrubs and ground cover in planting beds at entrances. [12] Low shrubs and ground cover shall be used appropriately in tree and shrub beds. [13]The same or similarly shaped species shall be planted in a linear pattern in front and corner side yard setbacks so as to create a formal landscape theme. [14]Trees shall be planted behind the sidewalk unless determined, at the time of plan review, to be impractical, in which case, they may be installed between the street and the sidewalk. If large trees will conflict with overhead utility lines, small deciduous trees spaced a maximum of 40 feet on center may be planted. [15] In all areas of Midlothian Special Design District, landscaping within setbacks along roads shall conform to The Village of Midlothian Technical Manual, dated September 1991. [16] Tree islands having a minimum width of 7 feet, spaced every 4 parking spaces adjacent to road, and planted with small deciduous trees. 16-504 06/22/16 MI Sec. 19.1-263. Specific Buffer Requirements. MW A. Buffers between Different Zoning Districts. 1. Exemptions. The buffers shown in Table 19.1-263.A.1.a. shall not apply to O and C property located in the Ettrick and Bon Air Special Design Districts. ISec. 19.1-341. Zoning Districts and Areas of Applicability. The provisions of this division apply to O, C and I zoned property in Emerging Growth Design District as shown on the zoning maps. The Emerging Growth Design District is generally the area as shaded in Figure 19.1-341. 111 16-505 06/22/16 It PI PE Sec. 19.1-350. Purpose and Intent of Bon Air Special Design District. The purpose and intent of the Bon Air Special Design District is to enhance the village character, create an attractive overall appearance and provide for safe and enhanced pedestrian and vehicular connectivity within nonresidential areas and from those areas to surrounding residential and public facilities areas. The provisions of this division apply to O, C and I zoned property within Bon Air Special Design District as shown on the zoning maps. The Bon Air Special Design District is generally the area as shaded in Figure 19.1-351. 16-506 06/22/16 Sec. 19.1-352 Required Conditions Bon Air Special Design District. A. Building and Parkin. Buildings and parking in the Bon Air Special Design District shall meet the requirements outlined in Tables 19.1-352.A.1. and 19.1- 352.A.2.: ' Bon Air Special Design District Building and Parking Required Conditions A. Building Setbacks feet llI /Required Perimeter Landscaping b. Limited access 40/C c. Huguenot Rd. 50/J 1. Road type d. Choctaw Rd. east of Forest Hill Ave., McRae Rd. south of Forest Hill Ave. and 15 Tinsley Drive e. Other roads 8121 a. Adjacent to property designated on the 2. Interior side yard Comprehensive Plan for residential use 10/B b. Adjacent to property designated on the Comprehensive Plan for nonresidential use 0 a. Adjacent to property designated on the 3. Rear yard Comprehensive Plan for residential use 10/13 b. Adjacent to property designated on the Comprehensive Plan for nonresidential use 0 B. Parking Setbacks(feet)"I /Required Perimeter Landscaping a. Limited access 40/C b. Huguenot Rd. 50/J 1. Road type c. Choctaw Rd. east of Forest Hill Ave., McRae Rd. south of Forest Hill Ave. and 131 Tinsley Drive d. Other roads 131 a. Adjacent to property designated on the 2. Interior side yard Comprehensive Plan for residential use 10/[41 b. Adjacent to property designated on the Comprehensive Plan for nonresidential use 0 a. Adjacent to property designated on the 3. Rear yard Comprehensive Plan for residential use 10[41 b. Adjacent to property designated on the Comprehensive Plan for nonresidential use 0 C. Building Heights (maximum) [5] Lesser of 2 stories or 30 feet 16-507 06/22/16 w PE It A Notes for Table 19.1-352.A.1. [ 1 ] Setbacks may be impacted by Setbacks -Generally, Permitted Yard Encroachments for Principal Buildings, Floodplain and Chesapeake Bay regulations. [2] A minimum of 75% of the fagade shall have a maximum setback of 20 feet. Within a project having more than one building, a minimum of one main building shall be subject to the minimum and maximum setbacks, and setbacks for other buildings may be modified by the director of planning if the site and architectural designs accomplish the purpose and intent outlined in Sec. 19.1-350. [3] Parking shall be located no closer to the road than the front fagade of the building with the least setback from the road. If there is no building on the property, parking shall be setback 20 feet from the road. Within the setback, 3 to 4 foot high decorative walls or fences compatible with the building, evergreen hedges or a combination thereof shall be installed. Hedges shall be maintained at a height of 3 to 4 feet. The director of planning may modify the parking setback requirement if the site is designed to promote the pedestrian character of the area. [4] A 5 foot high decorative solid screen compatible with the building shall be provided along the property line for the length of the parking area. [5] Height limits are subject to Article IV, Division 2. 16-508 06/22/16 Table 19.1-352.A.2. 1-1, 1-2 and 1-3 Districts Con Air Special Design District Building and Parking Required Conditions A. Building Setbacks (feet)111 /Required District Perimeter Landscaping 1-2 1-3 a. Limited access 40/C 40/C 40/C 1. Road type b. Major arterial 75/B or 50/C 75/B 90/B c. Other roads 40/A or 25/C 60/A 90/A a. Adjacent to A, R, R- TH, 30/A 30/A 30/A 2. Interior side R -MF or MH yard 30/A 30/Al21 30/Al'I b. Adjacent to 0, C or I or or or 10/B 10/B121 10/13121 a. Adjacent to A, R, R- TH, 40/C 40/C 40/C 3. Rear yard R -MF or MH 40/C 40/C 121 40/C 121 b. Adjacent to 0, C or I or or or 20/B 20/B 121 20/B12I B. Parking Setbacks (feet)111 /Required Perimeter Lands aping 40/C 40/C 40/C I a. Limited access 1. Road type b. Major arterial 75/B or 50/C 75/B 75/B c. Other roads 40/A or 25/C 40/A 40/A a. Adjacent to A, R, R- 2. Interior side TH, 30/A 30/A 30/A yard R -MF or MH b. Adjacent to 0, C or I 30/A or 10/B 30/A 121 or I0/B121 30/A[21 or IO/B121 a. Adjacent to A, R, R- 40/C 40/C 40/C 3. Rear yard TH, R -MF or MH b. Adjacent to 0, C or 40/C or 20/B 40/C1'1 or [21 40/C or I I 1 20/131" 20/Bl'I C. Building Heights (maximum) 131 Lesser of 2 stories or 30 feet rNotes for Table 19.1-352.A.2. [1] Setbacks may be impacted by Buffer, Setbacks—Generally, Permitted Yard Encroachments for Principal Buildings, Floodplain and Chesapeake Bay regulations. [2] Landscaping not required adjacent to 1-2 or 1-3 District. [3] Height limits are subject to Article IV, Division 2. 16-509 06/22/16 W 9 It B. Other Required Conditions. 1. Architecture and Building Design. In addition to the requirements of Sec. 19.1-317, the requirements of Sec. 19.1-141.G. for 0-1 property, the requirements of Sec. 19.1-148.F. for C-1 property, buildings shall meet the following architectural requirements: a. Architecture. • Fagades visible to a road or R, R-TH, R -MF, MH, A or O property shall not be constructed of unadorned concrete block, unfinished corrugated metal or unfinished sheet metal; and • Buildings shall be designed to impart harmonious proportions and avoid monotonous facades or large bulky masses, and possess architectural variety while still maintaining compatibility with existing structures, especially those of high historic interest within the boundaries of the Bon Air Special Area Plan. Buildings shall enhance an overall cohesive character as reflected in existing structures through the use of design elements including, but not limited to: materials, balconies, terraces, articulation of doors and windows, sculptural or textural relief of facades, architectural ornamentation, varied roof lines, or other appurtenances such as lighting fixtures and landscaping. b. Storefront Windows and Pedestrian Entrances. In the area designated for Neighborhood Business, the first floor of any building located within 30 feet of a road shall incorporate storefront windows, and pedestrian entrances that either connect directly to the sidewalk along the road or to a sidewalk that connects to the sidewalk along the road. A maximum of 10 linear feet along the front fagade of the principal building shall be without windows or pedestrian entrances. The bottom of windows shall be no lower than 18 inches and no higher than 36 inches above finished grade. c. Intersection of Forest Hill Avenue and Buford Road. At each quadrant of the intersection, buildings shall incorporate a significant architectural element such as a bell tower, clock tower or other vertical element and a minimum of 400 square feet of decorative hardscape area designed to promote the pedestrian character of the area. The architectural element shall be a minimum of 12 feet taller than the main building height unless modified by the director of planning based upon an alternative design that accomplishes the intent of this provision. 2. Size of Individual Uses. Except for 0-1 and C-1 property which shall be subject to the size limitations in Sec. 19.1-141.F. and Sec. 19.1-148.E. respectively, and grocery stores which shall be subject to the size restrictions in Sec.19.1-53., individual buildings shall not exceed 12,000 square feet of gross floor area per story. 16-510 06/22/16 3. Sidewalks and Pedestrian Amenities. Sidewalk and pedestrian amenities shall be provided along roads and as pedestrian connections from projects to adjacent development. The exact location, treatment, design and use of sidewalks and pedestrian amenities shall be determined at time of site plan review. Prior to site plan approval, easements, acceptable to the planning department, shall be recorded across such improvements to allow public use. a. Sidewalks. Concrete sidewalks, with a minimum width of 5 feet, shall be provided within the right-of-way along roads in conjunction with adjacent development. b. Hardscaped Pedestrian Areas. In areas designated for neighborhood business on the comprehensive plan, for a building within 20 feet of a road with any portion of the building set back beyond 8 feet from the road, a decorative hardscaped pedestrian area shall be installed. The hardscaped area shall have a length equal to at least one-half the length of the building facade that is set back greater than 8 feet. The hardscaped area shall extend from such fagade to as close as possible to the sidewalk along the road. Hardscaped pedestrian areas shall be designed to facilitate, and include amenities to support, outdoor gatherings and activities such as outdoor display of goods sold on the premises, dining, temporary vendors, civic or community events, or seating areas. The areas may also include, but are not limited to, pedestrian amenities such as foundation plantings, street furnishings, benches, bike racks and trash receptacles. 4. Street Trees. Street trees shall be installed along roads in conjunction with adjacent development in accordance with Sec. 19.1-252. 5. Exterior Lighting. In addition to the requirements of Sec. 19.1-205, lighting shall meet the following standards: a. Streetlights. Along sidewalks adjacent to roads, pedestrian scale streetlights shall be installed as follows: • Streetlights shall be designed to enhance the pedestrian character of the design district The design of fixtures, poles and lamps shall be generally consistent in the Special Design District; • Streetlights shall be spaced generally 40 feet on center; and • Fixture mounting heights shall be between 12 and 15 feet above finished grade. The mounting height shall be generally consistent in the Special Design District. b. Other Exterior Lighting. With the exception of pedestrian scale streetlights, exterior lighting shall comply with the following: • Exterior lighting shall be designed to enhance the character of the design district and be compatible with development standards of the district; • Freestanding lights shall not exceed a height of 20 feet above finished grade; and • Building mounted lighting shall be no higher than the roofline or parapet wall. 16-511 06/22/16 It 9 R A 6. Drive-in or Drive-through Facilities. Drive-in or drive-through facilities to include windows, bays or similar uses shall be located or designed so as to minimize their view from roads. For the purposes of this chapter, the following words and phrases shall have the following meanings: Design districts, special: Areas shown on the zoning maps as having unique characteristics. Special design districts include Bon Air, Chester, Ettrick, Matoaca and Midlothian. 000 (2) That this ordinance shall become effective immediately upon adoption. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. Mr. Holland expressed his appreciation to Planning Department staff for their tremendous efforts relative to the Bon Air Plan. 18.D. TO CONSIDER AN ORDINANCE TO VACATE A SIXTEEN -FOOT ALLEY EASEMENT ACROSS LOT 1, BLOCK M, DEERFIELD ESTATES, SECTION C Mr. Harmon stated this date and time has been advertised for the Board to consider an ordinance to vacate a sixteen -foot alley easement across Lot 1, Block M, Deerfield Estates, Section C. Mr. Elswick called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Ms. Haley, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to MARVIN HANFT and CANDACE HANFT, ("GRANTEE"), a 16' alley easement across Lot 1, Block M, Deerfield Estates, Section C, DALE Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office, Circuit Court, Chesterfield County, Virginia in Plat Book 15, at Page 26. 16-512 06/22/16 WHEREAS, MARVIN HANFT and CANDACE HANFT, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a 16' alley easement across Lot 1, Block M, Deerfield Estates, Section C, DALE Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 15, Page 26, by Kenneth Barton, dated January 28, 1966, recorded March 30, 1966. The easement petitioned to be vacated is more fully described as follows: A 16' alley easement, across Lot 1, Block M, Deerfield Estates, Section C, the location of which is more fully shown on a plat attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the easement sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid easement be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office, Circuit Court, Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the easement hereby vacated in the property owners of Lot 1, Block M, Deerfield Estates, Section C, free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the GRANTOR and GRANTEE, or their 'successors in title. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 16-513 06/22/16 9 PE D 18.E. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF LAND FOR THE BEULAH ELEMENTARY SCHOOL REPLACEMENT PROJECT Mr. Harmon stated this date and time has been advertised for the Board to consider the exercise of eminent domain for the acquisition of land for the Beulah Elementary School Replacement Project. He further stated staff has come to an agreement with the property owner and the Board approved a contract for the site earlier today. He noted no action is required. No action was taken. 18.F. TO CONSIDER AN AMENDMENT TO A LEASE OF COUNTY PROPERTY AT MEADOWBROOK HIGH SCHOOL WITH T -MOBILE USA TOWER LLC Mr. Harmon stated this date and time has been advertised for the Board to consider an amendment to a lease of county property at Meadowbrook High School with T -Mobile USA Tower LLC. He further stated since the public hearing was advertised, there have been additional negotiations with T - Mobile based on some invoices that were sent to the Police Department for investigation. He stated staff recommends the approval of the amendment to the lease, subject to T -Mobile waiving the invoice charges for investigation. Mr. Elswick called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Ms. Haley, the Board approved an amendment to the lease of county property at the Meadowbrook High School Tower Site with T -Mobile USA Tower LLC, subject to T -Mobile waiving the invoice charges for investigation. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 18.G. TO CONSIDER AN AMENDMENT TO A LEASE OF COUNTY PROPERTY AT THE FAIRGROUNDS/SALEM CHURCH MIDDLE SCHOOL TOWER SITE Mr. Harmon stated this date and time has been advertised for the Board to consider an amendment to a lease of county property at the Fairgrounds/ Salem Church Middle School tower site. Mr. Elswick called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Winslow, the Board approved an amendment to the lease of county property at the Fairgrounds/Salem Church Middle School Tower Site with Crown Communication LLC. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 16-514 06/22/16 19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits or rezoning at this time. 20. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. The following item was moved to the evening session by the Chairman as a continuation from the afternoon session: 11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711 (A)(7), CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH LEGAL COUNSEL REGARDING SPECIFIC LEGAL MATTERS -REQUIRING THE PROVISION OF LEGAL ADVICE RELATING TO THE LEASE FOR THE CHESTERFIELD COUNTY AIRPORT On motion of Mr. Holland, seconded by Ms. Haley, the Board went into closed session pursuant to Section 2.2-3711 (A)(7), Code of Virginia, 1950, as amended, for consultation with legal counsel regarding specific legal matters requiring the provision of legal advice relating to the lease for the Chesterfield County Airport. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. Reconvening: On motion of Mr. Holland, 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. 16-515 06/22/16 9 D A D Mr. Stegmaier expressed his Board of Supervisors, county support over the years and endeavors. 21. ADJOURNMENT heartfelt appreciation to the staff and residents for their wished them well in future On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adjourned at 8:48 p.m. until July 27, 2016. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. a Ja es J.L. Stegmaier County Administrator Stepaen A. Elswick Chairman 16-516 06/22/16