2017-02-22 MinutesA
A
BOARD OF SUPERVISORS
MINUTES
February 22, 2017
Supervisors in Attendance:
Ms. Dorothy A. Jaeckle, Chair, Bermuda District
Ms. Leslie A. T. Haley, Vice Chair, Midlothian District
Mr. Christopher M. Winslow, Clover Hill District
Mr. James M. Holland, Dale District
Mr. Stephen A. Elswick, Matoaca District
Dr. Joseph P. Casey
County Administrator
1. APPROVAL OF MINUTES FOR JANUARY 25, 2017
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
approved the minutes of January 25, 2017, as submitted.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
2. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Holland, seconded by Ms. Haley, the Board
replaced Item 4.C., Report of Planning Commission Substantial
Accord for Chesterfield County Public Schools (Case 17PD0192)
to Permit an Elementary School (Matoaca Elementary School
Replacement) in an Agricultural District; replaced Item
13.C.6.a., Set Date for Public Hearing to Consider an
Amendment to Section 19.1-42 of the County Code Relative to
Mailed Written Notice; replaced Item 13.C.6.b., Set Date for
Public Hearing to Consider an Amendment to Section 19.1-52 of
the County Code Relative to Uses Permitted By Special
Exception; and approved the agenda, as amended.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
3. WORK SESSIONS
3.A. INTRODUCTION OF NEW PURCHASING DIRECTOR
Dr. Casey introduced Mr. Keith Gagnon as the new Director of
Purchasing. He stated Mr. Gagnon started January 30, 2017,
and prior to joining the county he served as the Director of
Procurement at the Virginia Community College system.
All Board members welcomed Mr. Gagnon to Chesterfield County.
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3.B. GENERAL ASSEMBLY UPDATE
Ms. Mary Ann Curtin presented a brief update to the Board of
Supervisors on the status of several bills before the General
Assembly and from the county's legislative program. She
stated the Governor has signed HB1455 regarding real estate
incentives and technology zones. She further stated the
county's charter bill is anticipated to be signed on March
27. She also thanked Ms. Haley for her support relative to
the bill. She noted final committee action was on February
20. In regards to short-term rentals, she stated SB1578,
which affirms the rights of localities to regulate the short-
term rental of property for fewer than 30 days, passed in the
House without any amendments. In closing, she stated the
budget will be passed on February 25.
3.C. PROJECTED FY2017 AND FY2018 GENERAL FUND REVENUES
Mr. Harris provided a review to the Board of projected
revenues for the FY2018 budget, including information on
overall economic conditions. He highlighted the discussion
outline which included an update on national conditions; a
focus on local economic indicators; revenue breakdown and
forecast; requested Board of Supervisors' actions; and a
review of the budget calendar. He noted underlying
fundamentals remain a challenge. He stated real, sustained
growth continues to be limited by very weak productivity
gains, weighing on income growth and consumer spending. He
further stated the region is outperforming other major metros
in the state relative to payroll employment growth. He stated
the local labor market remains strong with unemployment rates
hovering under 4.0 percent since February 2016 and decreases,
not due to shrinking labor force.
Mr. Elswick requested information relative to the number of
high school graduates who enter the workforce upon
graduation.
Mr. Holland stated baby boomers are retiring and taking part-
time jobs which could impact labor markets and result in a
decline in the labor force.
Dr. Casey stressed the importance of statistics relative to
graduating classes and the track of 5-10 years later of those
same populations. He noted his intention to report statistics
to the Board annually.
Mr. Elswick requested information from the Economic
Development Department relative to the number of jobs created
in the county.
Mr. Holland requested information relative to growth of large
business firms versus small business firms in the county.
Mr. Harris continued his presentation. He stated the county's
housing market continued to strengthen in 2016 with early
signs of further gains in 2017. He noted home sales have
increased by 13 percent and new single-family permits have
also increased by 19 percent.
Ms. Jaeckle requested information relative to smaller
community challenges of little to too much growth and the
effect on required infrastructure in those areas.
Discussion ensued relative to equilibrium of metrics for
single-family permits and capital infrastructure.
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Dr. Casey stressed the importance of demographics as it
relates to population trend growth rate and student growth
rate.
In regards to the general fund revenue breakdown, Mr. Harris
stated the revenue mix is dominated by three categories; 93
percent overall total. He further stated the state category
is nearly 50 percent pass-through revenue for schools. He
stated the federal contribution continues to drift lower;
primarily pass-through payments in entitlement payments.
Mr. Elswick noted 75 percent of county revenue comes from
consumer and property taxes.
Mr. Harris stated residential revaluation is normalizing with
existing residential properties up 3 percent in 2016 for 2017
assessments. He noted the 4th consecutive year of property
appreciation with values close to pre -recession levels. He
stated the real estate market indicates that Chesterfield's
economy ended 2016 on the upswing. He further stated labor
market conditions remained strong and provided some lift to
consumer spending. He noted activity at local hotels also
remains a bright spot. In regards to the current year update,
there is no significant movement on the current year revenue
forecast since discussions in the fall. He stated the
residential revaluation assumption is on the mark. He further
stated the Blueprint monthly online product is available to
provide regular economic updates. He then reviewed associated
Board actions which include setting the `not to exceed' rates
for tax year/calendar year 2017. He noted staff's
recommendation is to advertise the existing tax rate
structure. He stated the Board is also requested to advertise
the proposed utility rates for FY2018 and the fee schedule
was included in the Boards packet. The proposed fees would
result in a 4.9 percent increase in the average bi-monthly
bill with no increase proposed for connection fees.
In response to Mr. Elswick's question, Mr. Harris stated the
accumulative increase in bi-monthly bills for water and sewer
is around 23-24 percent during a five-year time period. He
further stated the connection fee rate increases in the same
timeframe are in the same range.
Ms. Jaeckle noted funds accumulated from rate increases are
used to update older infrastructure. She stressed the
importance of replacing equipment in a timely manner, instead
of waiting for equipment to breakdown.
In response to Ms. Jaeckle's remarks, Mr. George Hayes stated
over the last five years, the average rate for the customer
increase was 5 percent annually. He further stated the 4.9
percent increase turns out to be $2.95 per customer on a
monthly basis. He stated the vast majority of the Utilities
budget focuses on capital improvement projects for replacing
aging infrastructure. He noted connection fees and user rates
are two separate models. He stated the revenues received for
expansion at the current rate will satisfy needs in FY2018
for the expansion projects.
In response to Mr. Holland's question, Mr. Hayes stated in
1995 a rate stabilization reserve was established in an
effort to stabilize needed utility rate increases. A
percentage of the depreciated utility assets are put in a
reserve fund to be used for the replacement of aging
infrastructure.
Discussion ensued relative to the rate stabilization reserve.
In response to Mr. Elswick's questions, Mr. Hayes stated
$57.9 million from the unrestricted reserves will be used to
pay for appropriated FY18 capital improvement projects. He
further stated other localities propose higher utility rates
because of a lack of long-term planning and rate
stabilization reserves.
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Mr. Holland stressed the importance of maintaining and
replacing aging capital infrastructure.
Dr. Casey requested that staff provide details of rate
stabilization reserve methodology during the Budget Work
Session on March 15th. He noted Chesterfield County's utility
rates rank as one of the lowest in the region.
Discussion ensued relative to the quality and effectiveness
of Chesterfield County's Utilities Department.
In regards to Blueprint community meetings feedback, Ms.
Natalie Spillman stated nearly 200 people attended the very
successful meetings the county hosted throughout all the
districts. She further stated much of the success was
attributed to information compiled from the Blueprint
campaign last summer. She stated the open dialogue with the
community resulted in better informed and more engaged
citizens. She further stated the top three priority areas of
transportation, education and public safety were the main
focus of conversation. She stated next steps of the process
include finalizing the next round of community meetings and
planning the next iteration of Blueprint.
In regards to Ms. Jaeckle's question regarding feedback
relative to the Blueprint website, Mr. Harris stated citizens
were encouraged to view the website for updated information.
In response to Mr. Holland's question, Mr. Harris stated
citizens were appreciative to staff for providing information
throughout the FY2018 budget development process.
Ms. Spillman noted citizens were more engaged and better
informed because of the open dialogue approach of community
meetings.
Mr. Holland stressed the importance of obtaining names and
email addresses of citizens who attend community meetings in
order to respond to individuals' questions and address
concerns. He also commended Ms. Kim Conley for her efforts
coordinating meeting times and locations.
Ms. Jaeckle stressed the importance of budget community
meetings and stated citizens seemed more informed and engaged
in the process than ever before.
In response to Mr. Elswick's question regarding wellness
initiatives, Mr. Harris stated the issue was repeated
numerous times at various community meetings. He further
stated the initiative is not replacing pupil -teacher ratio
(PTR) .
Discussion ensued relative to newer initiatives versus
ongoing efforts.
Concluding his presentation, Mr. Harris reviewed the
remaining budget season calendar.
In response to Mr. Elswick's question regarding the capacity
of Room 502 for the budget work session, Dr. Casey stated
additional seating is on reserve to accommodate attendees. He
further stated staff will rotate in and out as presentations
are made. He stated the meeting will be adjourned to the
Public Meeting Room if capacity is maxed out in Room 502. He
noted another date will be tentatively scheduled for a
continuation of budget topics if time does not allow on March
15. In regards to streaming capabilities of Room 502, he
stated live audio streaming will take place on March 15, as
well as enhanced microphone and amplification technology. He
further stated live video streaming future Board meetings in
Room 502 and the investment to do so will be addressed at an
upcoming work session.
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3.D. TRANSPORTATION UPDATE
Mr. Smith provided an update to the Board relative to the
status of the Route 10 Superstreet Project and the state's
Smart Scale process. He highlighted the Route 10 Widening
Project history, stating the project was split into two
phases in 2004 due to funding limitations. In regards to the
Superstreet Project status, he stated the project involves
innovative intersection design to limit conflict points,
improve safety and reduce congestion. He further stated the
estimated cost of the project is 54 million of state and
federal funds. He noted construction is scheduled to commence
in the summer of 2018-2020. In regards to Smart Scale, he
stated the Board authorized staff to submit applications for
Smart Scale for primary/ interstate priorities; all Revenue
Sharing projects; bike/pedestrian projects, Comprehensive
Plan recommendations. He stated staff submitted 34
applications, and 10 projects in Chesterfield are recommended
for funding.
In response to Ms. Jaeckle's questions, Mr. Smith stated the
$29 million in funding is for auxiliary lanes on I-95
(northbound and southbound) between Route 288 and Route 10
and noted the project is significant in scale. He further
stated the plans for the interchange at Willis Road were a
separate application that was submitted; however, they did
not score in the funding scenario.
In response to Mr. Holland's question regarding Willis Road,
Mr. Smith stated the county and VDOT spent the better part of
a year determining the improvements that would be necessary
to accommodate growth off Willis Road as a result of Tranlin
and the development of the James River Industrial Park. He
further stated there is a conceptual plan for a modified
interchange; however, it is not within a funding scenario at
this time.
Mr. Smith continued his presentation, highlighting various
recommended funding scenarios for Chesterfield County.
Discussion ensued relative to the possibly of park and ride
lots and pedestrian improvements along Jefferson Davis
Highway.
Mr. Smith commended Ms. Barb Smith and other Transportation
staff for their efforts relative to the submittal of the 34
applications for Smart Scale.
Ms. Jaeckle recommended seeking historical grant funding for
pedestrian access for a part of Jefferson Davis Highway
across Chippenham Parkway.
Mr. Elswick recommended having Ms. Jaeckle and Ms. Haley
attend the Commonwealth Transportation Board public hearing
and make remarks relative to transportation project funding
on behalf of Chesterfield County.
Mr. Winslow requested information relative to deviation of
scoring versus funding last year.
Concluding his presentation, Mr. Smith highlighted next steps
relative to reviewing recommended projects and development of
potential revisions to recommended scenarios.
Discussion ensued relative to the scoring system and future
Commonwealth Transportation Board meetings.
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3.E. 2016 CITIZEN SATISFACTION SURVEY RESULTS
Mr. Lou Lassiter, accompanied by Mr. Marshall Lewis and Ms.
Tamara Highsmith, provided a review to the Board of the 2016
Citizen Satisfaction Survey results. He stated the results
reflect residents like living in Chesterfield County and
enjoy a very high quality of life. He further stated all
measures around the economy were rated as excellent or good
by a majority of respondents. He stated the highest ratings
across all aspects of the county were within the area of
safety. He noted strong ratings were awarded to police, fire
and ambulance/EMS services. He stated mobility ratings saw
variation with three-quarters of respondents identifying the
overall ease of travel within the county as excellent to good
and one-third providing favorable responses for ease of
walking and ease of travel by bicycle. He further stated when
the Citizen Survey results are compared to this past summer's
Blueprint Chesterfield survey, there are many similarities.
He stated both surveys placed public safety and
infrastructure/or built environment in the top three
categories. He further stated the Citizen Survey had the
local economy as second and education was also a priority. He
noted differences in priorities expressed were likely due to
variations in the way data was gathered and questions asked;
also, the fact that 28 percent of the respondents to the
Citizen Survey had children in school where over 40 percent
of respondents to the Blueprint survey had children in
school.
In regards to county infrastructure, Ms. Jaeckle stated she
is pleased that 70 percent of citizens believe the county
should find a balance between infrastructure and facility
investments between older and newer areas.
In conclusion, Mr. Lassiter stated overall, the ratings are
very positive, similar or higher compared to the 2014 survey.
He further stated ratings suggest residents continue to enjoy
living in Chesterfield County. He further stated almost all
measures of the economy were rated as good or excellent, and
participants want the county to continue to focus on the
local economy. He noted safety is a very important facet to
prioritize in the next two years. He stated next steps will
be to develop action plans on areas that need improvements,
and staff will update the Board in a year relative to
progress.
Mr. Holland noted there are more households in the county
without children in public schools. He stated future
transportation models, sidewalk access and safety are quality
of life issues that resonate with citizens.
In regards to community characteristics, Ms. Jaeckle noted
the gap relative to residents' favorability of raising
children versus retiring in the county. She stressed the
importance of balance within communities.
Mr. Winslow stated Planning Commissioners are reviewing
zoning cases through a walkability and pedestrian friendly
perspective, which speaks favorable to responses to the
survey.
Ms. Haley stressed the importance of incorporating efforts to
prioritize needs on a countywide basis to extend and connect
bike and sidewalk trails in neighborhoods where there is
existing structure.
Ms. Jaeckle stressed the importance of encouraging and find
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ways to make 55+ communities within the county a possibility.
Dr. Casey stated the goal of the survey is to understand
trends and make changes in order for the county to be above
national benchmarks. He stressed the importance of marketing
and branding Chesterfield County to illustrate a sense of
community.
Mr. Elswick requested further information relative to 51
percent of residents who completed the survey believe the
county's government treats all residents fairly.
Discussion ensued relative to calculation of percentages
relative to survey results.
Mr. Holland stressed the importance of the beautification of
areas in the county and the removal of debris from
neighborhoods in order to make the best impression on
individuals visiting the county.
4. REPORTS
4.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
4.B. REPORTS OF PLANNING COMMISSION SUBSTANTIAL ACCORD
DETERMINATION FOR VERIZON WIRELESS TO PERMIT SMALL CELL
COMMUNICATION FACILITIES
4.B.1. IN A NEIGHBORHOOD BUSINESS (C-2) DISTRICT
4.B.i.a. CASE 17PD0170 - CLOVER HILL DISTRICT
4.B.l.b. CASE 17PD0171 - MATOACA DISTRICT
4.B.2. IN A NEIGHBORHOOD BUSINESS (C-3) DISTRICT
4.B.2.a. CASE 17PD0172 - MATOACA DISTRICT
4.B.2.b. CASE 17PD0169 - MATOACA DISTRICT
4.B.3. IN A LIGHT INDUSTRIAL (I-1) DISTRICT
4.B.3.a. CASE 17PD0173 - CLOVER HILL DISTRICT
4.C. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD FOR
CHESTERFIELD COUNTY PUBLIC SCHOOLS (CASE 17PD0192) TO
PERMIT AN ELEMENTARY SCHOOL (MATOACA ELEMENTARY SCHOOL
REPLACEMENT) IN AN AGRICULTURAL (A) DISTRICT
The Board took no action on the following reports: a Report
on Developer Water and Sewer Contracts; Reports of Planning
Commission Substantial Accord Determination for Verizon
Wireless to Permit Small Cell Communication Facilities in a
Neighborhood Business (C-2) District (Case 17PD0170 and Case
17PD0171), in a Neighborhood Business (C-3) District (Case
17PD0172 and Case 17PD0169) and in a Light Industrial (I-1)
District (Case 17PD0173); and a Report of Planning Commission
Substantial Accord for Chesterfield County Public Schools
(Case 17PD0192) to Permit an Elementary School (Matoaca
Elementary School Replacement) in an Agricultural (A)
District.
5. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
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6. CLOSED SESSION 1) PURSUANT TO SECTION 2.2-3711(A)(7),
CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION
WITH LEGAL COUNSEL PERTAINING TO NOVEMBER V.CHESTERFIELD
COUNTY, VIRGINIA WHERE SUCH CONSULTATION IN AN OPEN
MEETING WOULD ADVERSELY AFFECT THE LITIGATING POSTURE OF
THE COUNTY; AND 2) PURSUANT TO SECTION 2.2-3711(A)(3),
TO DISCUSS THE ACQUISITION OF REAL ESTATE FOR A PUBLIC
PURPOSE WHERE DISCUSSION IN AN OPEN MEETING WOULD
ADVERSELY AFFECT THE BARGAINING POSITION OR NEGOTIATING
STRATEGY OF THE PUBLIC BODY; 3) PURSUANT TO SECTION 2.2-
3711(A)(7), FOR CONSULTATION WITH LEGAL COUNSEL
REQUIRING THE PROVISION OF LEGAL ADVICE REGARDING
CONSIDERATION BY THE BOARD OF SUPERVISORS OF ZONING
CASES; AND 4) PURSUANT TO SECTION 2.2-3711(A)(1),
RELATING TO THE PERFORMANCE OF A SPECIFIC COUNTY
EMPLOYEE
On motion of Mr. Holland, seconded by Ms. Haley, the Board
went into closed session 1) Pursuant to Section 2.2-
3711(A)(7), Code of Virginia, 1950, as Amended, for
Consultation with Legal Counsel Pertaining to November v.
Chesterfield County, Virginia Where Such Consultation in an
Open Meeting Would Adversely Affect the Litigating Posture of
the County; 2) Pursuant to Section 2.2-3711(A)(3), to Discuss
the Acquisition of Real Estate for a Public Purpose Where
Discussion in an Open Meeting Would Adversely Affect the
Bargaining Position or Negotiating Strategy of the Public
Body; 3) Pursuant to Section 2.2-3711(A)(7), for Consultation
with Legal Counsel Requiring the Provision of Legal Advice
Regarding Consideration by the Board of Supervisors of Zoning
Cases; and 4) Pursuant to Section 2.2-3711(A)(1), Relating to
the Performance of a Specific County Employee.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
Reconvening in the Public Meeting Room:
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
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 Closed 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.
Mr. Elswick: Aye.
Mr. Holland: Aye.
Ms. Haley: Aye.
Ms. Jaeckle: Aye.
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8. INVOCATION
The Honorable Leslie Haley, Vice Chair, Board of Supervisors,
gave the invocation.
9. PLEDGE OF ALLEGIANCE
Deputy County Administrator Lou Lassiter led the Pledge of
Allegiance to the Flag of the United States of America.
10. COUNTY ADMINISTRATION UPDATE
10.A. EVERYDAY EXCELLENCE - SHERIFF'S OFFICE/FOOD BANK
Sheriff Leonard shared information with the Board relative to
work done by his deputies and others volunteering at the
Chesterfield Food Bank.
In response to Mr. Holland's question, Sheriff Leonard stated
the Chesterfield Food Bank holds several after-school and
summer programs.
All Board members and Dr. Casey commended Sheriff Leonard's
leadership and efforts countywide and also expressed their
appreciation for those individuals who volunteer at the
Chesterfield Food Bank.
10.B. VIDEO PARTNERSHIP WITH CGI COMMUNICATIONS
Ms. Pollard shared some new video content prepared by CGI
Communications highlighting Chesterfield County.
10.C. OTHER COUNTY ADMINISTRATION UPDATES
Dr. Worsley announced the 2017 sports tourism season kicked
off this month with the first event at River City Sportsplex
since the county acquired and began operation of the
facility. He stated the winter edition of the Club Champions
League College Showcase took place at River City Sportsplex
and Mary B. Stratton Park on February 3-5. He further stated
the Virginia High School League Swimming Championships took
place at the Collegiate School Aquatic Center on February 17
and 18 and the annual Monster Cross mountain bike event was
held on February 19 through the trails of Pocahontas State
Park.
Ms. Jaeckle stated there are many more tournaments being held
early in the year, compared to when her children were
participating in sports.
Mr. Holland noted Meadowbrook High School was the host of the
Virginia High School League Swimming Championships event
which took place at the Collegiate School Aquatic Center on
February 17 and 18.
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11. BOARD MEMBER REPORTS
Mr. Holland announced the Dale District held two community
meetings regarding the proposed FY2018 budget outlook on
February 13 and February 15. He noted both meetings were well
attended. He expressed appreciation to county staff who
presented at those community meetings.
Mr. Winslow announced he attended a meeting at the Bexley
Homeowners Association, accompanied by Dr. Casey, on February
17, regarding various topics. He encouraged citizens to
review the Residential Rehabilitation Tax Abatement Program
and stated Chesterfield County provides a partial tax
exemption for the rehabilitation, renovation or replacement
of older residential properties.
Mr. Elswick expressed appreciation to Pastor Leggett and
members of Shiloh Baptist Church for providing space to
accommodate a Matoaca District community meeting regarding
the proposed FY2018 budget outlook on February 16.
Ms. Haley announced the Midlothian District held a community
meeting regarding the proposed FY2018 budget on February 16.
She encouraged citizens to visit the county's website for
additional information relative to future meetings.
Ms. Jaeckle expressed appreciation to county staff who
presented at Bermuda District community meetings regarding
the proposed FY2018 budget outlook. She also commended
Lieutenant Joe Harvey and Fire Marshal Carlos Shedd for their
tremendous customer service after a recent house fire in the
Bermuda District.
12. RESOLUTIONS AND SPECIAL RECOGNITIONS
12.A. RECOGNIZING MR. GEORGE L. FICKETT, JR., INFORMATION
SYSTEMS TECHNOLOGY DEPARTMENT, UPON HIS RETIREMENT
Mr. Condrey introduced Mr. George L. Fickett, Jr., who was
present to receive the resolution.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Mr. George L. Fickett, Jr. will retire from the
Chesterfield County Information Systems Technology Department
on March 1, 2017, after providing 45 years of quality service
to the citizens of Chesterfield County; and
WHEREAS, Mr. Fickett began his career in the Utilities
Department in September 1971 as a Draftsman; and
WHEREAS, Mr. Fickett continued his career in the
Environmental Engineering Department, being one of the
original 22 employees transferred from the Utilities
Department in February 1977, in the position of Senior
Drafting and Design Technician with the responsibility for
updating the county's tax maps with new subdivision lots and
new parcels; and
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WHEREAS, Mr. Fickett has been consulted by neighboring
jurisdictions and military installations to assist in
establishing building addressing grids and systems where none
had previously existed; and
WHEREAS, Mr. Fickett has performed many important land
activities including drawing easement plats, locating
geodetic control monuments, and performing simple surveys of
county property and easements; and
WHEREAS, Mr. Fickett continued his career with the
Environmental Engineering Department as a GIS Specialist in
the field of computer mapping in 1991 with the implementation
of the county's geographic information system, where he
quickly learned to draft maps with a computer as opposed to
pen and ink on mylar; and
WHEREAS, Mr. Fickett was transferred to the Department
of Information Systems Technology in 2009 as a GIS
Specialist; and
WHEREAS, by virtue of his long tenure with Chesterfield
County, Mr. Fickett has been a mentor to other staff, and has
a wealth of institutional knowledge relating to land
development activities; and
WHEREAS, Mr. Fickett held the position of chair of the
Civil War Sites Committee for the Chesterfield County
Historical Society from 1987 to 2005; and
WHEREAS, Mr. Fickett has led Civil War land preservation
activities, having saved from development, by land donation
from respective developers, the following parks: Fort
Stevens, Fort Wead, Fort Harrison, Battery Dantzler, Howlett
Line Park, Sgt. James Engle Park, and the Ware Bottom Church
Battlefield Park; and
WHEREAS, Mr. Fickett received a "Take Pride in America"
award from the National Park Service in December 1987 for his
efforts in saving the land that became the Howlett Line Park;
and
WHEREAS, Mr. Fickett worked with the county and the
federal government in securing a $176,500 grant in 2002 to
purchase the site that would become the Ware Bottom Church
Battlefield Park; and
WHEREAS, Mr. Fickett, with the assistance of Mr. David
Roth, editor of Blue and Gray Magazine, created the first 28 -
mile driving tour of the Bermuda Hundred Campaign in 1995,
which contained eight designated sites; and
WHEREAS, Mr. Fickett assisted the Chesterfield County
Historical Society in expanding the tour of the Bermuda
Hundred Campaign to a 58 -mile driving tour, which includes a
total of 26 sites that follows the routes of the Army of the
James during the campaign; and
WHEREAS, Mr. Fickett has given his own time to map the
remaining earthworks in the county not currently within
established park boundaries and to conduct many tours and
presentations of the Bermuda Hundred Campaign to civic
organizations; and
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WHEREAS, Mr. Fickett was recognized on September 28,
2004, by the Virginia Recreation and Parks Society as the
recipient of the Society's Distinguished Volunteer Service
Award for his tireless work in Civil War history
preservation; and
WHEREAS, Mr. Fickett has worked tirelessly with the
county to purchase the original Point of Rocks site of the
Civil War hospital commissioned by General Benjamin Butler of
the Army of the James; and
WHEREAS, Mr. Fickett served on the Chesterfield County
Sesquicentennial of the American Civil War Committee to
generate interest and activities surrounding the Battle of
Drewry's Bluff and the Bermuda Hundred Campaign; and
WHEREAS, Mr. Fickett's humble character, selfless
dedication to Chesterfield County, the land development
processes, and the history of the county are a model for all
county employees.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of February 2017,
publicly recognizes Mr. George L. Fickett, Jr., and extends
on behalf of its members and the citizens of Chesterfield
County, appreciation for his service to the county,
congratulations upon his retirement, and best wishes for a
long and happy retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Fickett and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
Ms. Jaeckle presented the executed resolution to Mr. Fickett,
extended her sincere appreciation for his dedicated service
and offered best wishes upon his retirement.
A standing ovation followed.
Board members commended Mr. Fickett for his dedicated and
exemplary service to residents of Chesterfield County.
Dr. Casey presented Mr. Fickett with an acrylic statue and
county watch, highly praised his outstanding and noteworthy
service and wished him well upon his retirement.
Mr. Fickett sincerely thanked his colleagues in attendance
and the Board of Supervisors for the special recognition and
kind sentiments.
12.B. PRESENTATION OF THE JOSEPH E. PITTMAN LONGEVITY AWARD
FOR CONTINUOUS COUNTY SERVICE
Mr. George Fickett, accompanied by Ms. Mary Martin Selby,
presented the Joseph E. Pittman, Jr., Award for Continuous
County Service, formerly held by Mr. Fickett, to Mr. John
Harmon, who has been an employee of the Utilities Department
since September 1974.
Ms. Jaeckle congratulated Mr. Harmon upon receiving the award
and expressed appreciation for his dedicated service to the
county.
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12.C. RECOGNIZING LIEUTENANT COLONEL DONALD E. NEWTON, JR.,
SHERIFF'S OFFICE, UPON HIS RETIREMENT
Sheriff Leonard introduced Lieutenant Colonel Donald E.
Newton, Jr., who was present to receive the resolution.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Lieutenant Colonel Donald E. Newton Jr. will
retire from the Chesterfield County Sheriff's Office on March
1, 2017, after providing over 36 years of outstanding quality
service to the residents of Chesterfield County; and
WHEREAS, Lieutenant Colonel Newton has faithfully served
the county in the capacity of Volunteer Firefighter, Special
Police Officer, Deputy, Corporal, Investigator, Lieutenant,
Captain, Major, and Lieutenant Colonel; and
WHEREAS, Lieutenant Colonel Newton began his career with
the county in July 1980, working for the Utilities Department
until December 1984, and joined the Chesterfield County
Special Police in February 1981 and served until 1985; and
WHEREAS, Lieutenant Colonel Newton joined the
Chesterfield County Sheriff's Office in July 1985 and holds
the rare distinction of having served under six Sheriffs,
Emmett L. Wingo, James W. Mutispaugh, Walter Minton, Clarence
G. Williams Jr., Dennis S. Proffitt, and Karl S. Leonard; and
WHEREAS, Lieutenant Colonel Newton served as a Shift
Deputy, Assistant Shift Supervisor, Investigator, Shift
Commander, Jail Security Commander, Jail Administrator,
Director of Training, Internal Affairs Officer, Inspector,
Courts Commander, Chief Deputy of Professional Standards, and
Chief Deputy of Operations; and
WHEREAS, Lieutenant Colonel Newton served as a
Department of Criminal Justice Services (DCJS) Instructor
with specialties in Defensive Tactics and Firearms, directly
impacting new recruits and deputies to be the best trained
and best prepared they could be; and
WHEREAS, in the fall of 1985, Lieutenant Colonel Newton
along with other deputies foiled the escape attempt of six
inmates who had breached the inner security wall of an inmate
housing unit, and all six inmates were convicted of attempted
escape and vandalism; and
WHEREAS, in the spring of 1986, Lieutenant Colonel
Newton was instrumental in the capture of an inmate who had
escaped custody from a State Trooper while at the
Magistrate's Office; the inmate fled the Courthouse complex
on foot, and Lieutenant Colonel Newton along with his
Sergeant, tracked through the night and apprehended the
inmate the next day without incident; and
WHEREAS, in the spring of 1988, under Lieutenant Colonel
Newton's vision and leadership, the Special Operations
Response Team was formed with Lieutenant Colonel Newton
serving as the team's commander until 1993; and
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WHEREAS, under Lieutenant Colonel Newton's leadership,
plans for an addition to the jail were conceived and
construction began in 1993; the building became known as "C"
building and helped relieve overcrowding in the main jail,
and at the end of the project, Lieutenant Colonel Newton
instructed each deputy in the operation of the new facility;
and
WHEREAS, in May of 1998, Lieutenant Colonel Newton was
transferred to the Training Division as the Director of
Training where under his leadership the Sheriff's Office
successfully undertook the arduous task of transitioning from
.38 caliber revolvers to the Glock .40 caliber semi -auto
pistol; and
WHEREAS, Lieutenant Colonel Newton served on numerous
committees, process action teams, and boards, including the
county's original TQI Implementation Committee, the
Chesterfield County Fair Association and most recently as
Chair of the Chesterfield Food Bank Board of Directors, as
well as many others; and
WHEREAS, Lieutenant Colonel Newton has provided the
Chesterfield County Sheriff's Office with many years of loyal
and dedicated service and has been dedicated and committed to
serving the citizens of Chesterfield County as a volunteer
and career public safety officer since the age of 16 and has
been loyal to his profession for over 31 years as a Deputy
Sheriff; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Lieutenant Colonel Newton's diligent
service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of February 2017,
publicly recognizes Lieutenant Colonel Donald E. Newton Jr.
and extends on behalf of its members and the residents of
Chesterfield County, appreciation for his service to the
county, congratulations upon his retirement, and best wishes
for a long and happy retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Lieutenant Colonel Newton, and
that this resolution be permanently recorded among the papers
of this Board of Supervisors of Chesterfield County,
Virginia.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
Ms. Jaeckle presented the executed resolution to Lieutenant
Colonel Newton, extended her sincere appreciation for his
dedicated service and offered best wishes upon his retirement
from law enforcement service.
A standing ovation followed.
Ms. Haley, Mr. Winslow, Mr. Elswick and Mr. Holland all
commended Lieutenant Colonel Newton for his dedicated and
exemplary service to residents of Chesterfield County.
Dr. Casey presented Lieutenant Colonel Newton with an acrylic
statue and county watch, highly praised his outstanding and
noteworthy service and wished him well upon his retirement.
Lieutenant Colonel Newton sincerely thanked his colleagues in
attendance and the Board of Supervisors for the special
recognition and kind sentiments.
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13. NEW BUSINESS
13.A. ADVERTISEMENT OF TAX RATES FOR TAX YEAR 2017 AND
ADVERTISEMENT OF THE PROPOSED FY2018 BUDGET, THE
FY2018-FY2022 PROPOSED CAPITAL IMPROVEMENT PROGRAM,
THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME
INVESTMENT PARTNERSHIP GRANT PROGRAMS, AND OTHER
ORDINANCE CHANGES
Mr. Harris stated the Board is requested to authorize the
advertisement of tax rates for tax year 2017 and
advertisement of the proposed FY2018 Budget, the FY2018-
FY2022 proposed Capital Improvement Program, the Community
Development Block Grant and HOME Investment Partnership Grant
programs, and other ordinance changes.
On motion of Mr. Holland, seconded by Ms. Haley, the Board
authorized the advertisement of tax rates for tax year 2017,
including all existing tax rates, and advertisement of the
proposed FY2018 Budget, the FY2018-FY2022 proposed Capital
Improvement Program, the Community Development Block Grant
and HOME Investment Partnership Grant programs, and other
ordinance changes.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13.B. APPOINTMENTS
13.B.1. TOWING ADVISORY BOARD
On motion of Mr. Holland, seconded by Ms. Haley, the Board
simultaneously nominated/ appointed Sergeant Adrian Otero, as
Towing Coordinator, to serve on the Towing Advisory Board,
whose term is effective immediately and will expire on August
31, 2019.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13.B.2. PRESERVATION COMMITTEE
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
simultaneously nominated/appointed/reappointed Ms. Mary Ellen
Howe, Mr. James V. Daniels, Mr. John V. Cogbill, III, Mr.
David Dutton, Mr. J. Carl Morris, Mr. Andrew Scherzer and Ms.
Julie Crow to serve on the Preservation Committee, whose
terms are effective March 9, 2017, and will expire on March
8, 2020.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
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13.C. CONSENT ITEMS
13.C.1. ADOPTION OF RESOLUTIONS
13.C.1.a. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT
13.C.1.a.1. MASTER DEPUTY CHARLES A. GAILLARD, SHERIFF'S
OFFICE
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, Master Deputy Charles A. Gaillard will retire
from the Chesterfield County Sheriff's Office on March 1,
2017, after providing over 17 years of outstanding quality
service to the residents of Chesterfield County; and
WHEREAS, Master Deputy Gaillard served the county in the
capacity of Deputy, Deputy First Class, Master Deputy, and
Sergeant; and
WHEREAS, Master Deputy Gaillard began his career with
the Chesterfield County Sheriff's Office in October 1998 and
served under three Sheriff's; Clarence G. Williams Jr.,
Dennis S. Proffitt and Karl S. Leonard; and
WHEREAS, Master Deputy Gaillard served as a Jail Deputy,
Jail Shift Supervisor, Transportation Deputy, and
Quartermaster Deputy; and
WHEREAS, Master Deputy Gaillard served as a Field
Training Officer, ensuring that those individuals assigned
under his instruction met the highest standards of the
Sheriff's Office; and
WHEREAS, Master Deputy Gaillard received numerous
letters of appreciation, commendations, and Employee of the
Quarter for his dedicated service to the citizens of
Chesterfield County, including aid provided to citizens in
distress, participation in community service, and
participation on several project teams.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Master Deputy Charles
Gaillard 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: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13.C.1.a.2. SERGEANT EDWARD M. WESSEL, POLICE DEPARTMENT
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, Sergeant Edward M. Wessel retired from the
Chesterfield County Police Department on February 1, 2017,
after providing over 31 years of outstanding quality service
to the residents of Chesterfield County; and
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WHEREAS, Sergeant Wessel has faithfully served the
county in the capacity of Patrol Officer, Police Detective
and Police Sergeant; and
WHEREAS, during his tenure, Sergeant Wessel served as a
Field Training Officer, General Instructor, Firearms
Instructor, Driving Instructor, Hostage Negotiations Team
Leader, and also served frequently in the role of Watch
Commander; and
WHEREAS, Sergeant Wessel has served as a Police Sergeant
for more than 25 years in various areas of the Police
Department, including Patrol, Training Academy, Vice and
Narcotics Unit, Street Drugs Unit, and Special Victims
Section; and
WHEREAS, Sergeant Wessel is much respected and known for
his exceptional knowledge of laws, motivational skills,
leadership, and supervisory style; and
WHEREAS, Sergeant Wessel was recognized with a Chief's
Commendation for his diligent work and team participation in
the resolution of a very difficult homicide case where very
limited information was given, and through coordination of
efforts and a comprehensive investigation, the case was
brought to a successful conclusion with the identification
and arrest of three suspects; and
WHEREAS, Sergeant Wessel was the recipient of a Life
Saving Award for his quick and decisive actions while exposed
to the threat of hostile gunfire, when he and a fellow
officer retrieved the unresponsive victim, who had suffered a
gunshot wound, transported the victim to waiting EMS
personnel, and their actions resulted in saving the victim's
life; and
WHEREAS, Sergeant Wessel was presented with a Unit
Citation in 2011 for his teamwork with the other detectives
in handling over 1,100 active cases involving over 1,400
victims, achieving an extremely high case clearance rate,
resolving 100 percent of the homicide cases and resulting in
the arrest of over 250 suspects; and
WHEREAS, Sergeant Wessel was recognized with the Mason
T. Chalkley Supervisory Award for Excellence for his
dedication to his officers and co-workers that resulted in a
high level of professionalism and motivation to each of them,
for demanding the absolute best from his officers exemplified
by the high standard of performance he set for himself, for
serving as a role model and a mentor for his officers, and
for emphasizing the importance of a healthy work/life
balance; and
WHEREAS, Sergeant Wessel is recognized for his excellent
communications and human relations skills, his strong work
ethic and his teamwork, all of which he has utilized within
the Police Department and in assisting residents of
Chesterfield County during his exemplary career; and
WHEREAS, during his tenure, Sergeant Wessel has received
numerous letters of commendation, thanks and appreciation for
services rendered; and
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WHEREAS, Sergeant Wessel has provided the Chesterfield
County Police Department with several decades of loyal and
dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Sergeant Wessel's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Sergeant Edward M.
Wessel 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: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13.C.1.a.3. MR. CHARLES H. HAIRE, JR., JUVENILE DETENTION
HOME
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, Mr. Charles H. Haire, Jr. retired from the
Chesterfield County Juvenile Detention Home on February 1,
2017, after providing over 31 years of quality service to the
citizens of Chesterfield County; and
WHEREAS, Mr. Haire has faithfully served the county's
Juvenile Detention Home in numerous capacities as a youth
supervisor, home incarceration officer and home incarceration
supervisor; and
WHEREAS, Mr. Haire has provided the residents of the
Chesterfield Juvenile Detention Home with quality care and
supervision; and
WHEREAS, as the Home Incarceration Program Supervisor,
Mr. Haire has worked with program participants and their
families to ensure that court -involved youth are afforded an
opportunity to remain in their homes, schools, and
communities as an alternative to secure detention without
compromising public safety or personal accountability; and
WHEREAS, as a Home Incarceration Officer and as the Home
Incarceration Program Supervisor, Mr. Haire has forged
valuable and trusting relationships with court officials,
Court Services' Unit staff, law enforcement, school
personnel, and most importantly, parents, to ensure the
success of program participants; and
WHEREAS, as a Home Incarceration Officer and as the Home
Incarceration Program Supervisor, Mr. Haire has regularly
exceeded state -mandated performance expectations by working
with program participants and their families to ensure their
success in the program, thereby keeping children out of
secure detention safely and appropriately without compromise
to public safety; and
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WHEREAS, as a Home Incarceration Officer and as the Home
Incarceration Program Supervisor, Mr. Haire was routinely
complimented by the judiciary, court officials, program
participants and their families for his demeanor,
responsiveness, and genuine commitment to the success of his
program participants; and
WHEREAS, Mr. Haire was certified and served as an
instructor in Handle With Care, the Department of Juvenile
Justice's mandated physical restraint program; and
WHEREAS, Mr. Haire was a TQI graduate; and
WHEREAS, Mr. Haire has dedicated his entire career of 31
and a half years of service to working with troubled youth.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. Charles H. Haire,
Jr., and extends on behalf of its members and the citizens of
Chesterfield County, appreciation for his years of loyal
service to the county, congratulations upon his retirement,
and best wishes for a long and happy retirement.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13.C.1.b. AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND
DELIVERY OF AN ISSUE NOT TO EXCEED $21,000,000 FOR
REFUNDING OF GENERAL OBLIGATION PUBLIC IMPROVEMENT
REFUNDING BONDS OF THE COUNTY
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the following resolution granting authorization and
providing for the issuance and delivery of an issue not to
exceed $21,000,000 for refunding the outstanding Series 2007B
General Obligation Public Improvement Refunding Bonds and
closing costs:
A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND
DELIVERY OF AN ISSUE OF NOT TO EXCEED TWENTY-ONE MILLION
DOLLARS ($21,000,000) AGGREGATE PRINCIPAL AMOUNT OF GENERAL
OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS OF THE COUNTY
OF CHESTERFIELD, VIRGINIA, FOR THE PURPOSE OF PROVIDING FUNDS
TO REFUND IN ADVANCE OF THEIR STATED MATURITIES AND REDEEM
CERTAIN OUTSTANDING GENERAL OBLIGATION PUBLIC IMPROVEMENT
BONDS OF THE COUNTY
.BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE
COUNTY OF CHESTERFIELD, VIRGINIA:
Findings and Determinations. a) The County of
Chesterfield, Virginia (the "County"), has been advised by
the County's Financial Advisor that the refunding in advance
of their stated maturities of all or a portion of certain
currently outstanding issues of general obligation public
improvement bonds of the County, including, without
limitation, all or a portion of the County of Chesterfield,
Virginia, General Obligation Public Improvement Refunding
Bonds, Series B of 2007, dated April 11, 2007 (the
"Series 2007B Bonds"), may result in debt service cost
savings to the County.
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The Board of Supervisors desires to authorize the
issuance and sale of one or more series of general obligation
public improvement refunding bonds to be issued from time to
time to provide for the refunding and defeasance of all or a
portion of such outstanding general obligation public
improvement bonds, including, without limitation, all or a
portion of the outstanding Series 2007B Bonds, and all or a
portion of such other series of outstanding general
obligation public improvement bonds or general obligation
public improvement refunding bonds, the refunding of which
shall be recommended by the County's Financial Advisor (such
bonds to be refunded in advance of their stated maturities
being referred to hereinafter as the "Refunded Bonds"), and
to pay costs of issuance of such refunding bonds authorized
hereby.
In the judgment of the Board of Supervisors, it is
necessary and expedient to authorize the issuance and sale of
General Obligation Public Improvement Refunding Bonds in the
aggregate principal amount of not to exceed Twenty -One
Million Dollars ($21,000,000) for the purpose of providing
funds to refund and defease all or a portion of the Refunded
Bonds and to pay the costs of issuing such Bonds.
Authorization • of General Obligation Public
Improvement Refunding Bonds. b) For the purpose of
providing funds for the refunding and defeasing of all or a
portion of the Refunded Bonds, there are hereby authorized to
be issued and delivered one or more series of general
obligation public improvement refunding bonds of the County
in an aggregate principal amount not exceeding $21,000,000 to
be designated and known as "General Obligation Public
Improvement Refunding Bonds" (the "Bonds"). The Bonds are to
be issued pursuant to the provisions of Title 15.2, Chapter
26, of the Code of Virginia, 1950, the same being the Public
Finance Act of 1991 (the "Public Finance Act of 1991").
The Bonds shall be issued in fully -registered form,
shall be dated such date, shall be issued in one or more
series from time to time, shall bear interest from their date
payable on such dates and shall have such series designation
as shall be determined by the County Administrator. The
Bonds shall mature and become due and payable on such date or
dates not exceeding six (6) years from their date and in such
principal amounts on each such date as shall be determined by
the County Administrator.
Approval of the Details and Issuance and Delivery
of the Bonds. c) The Bonds may be issued and delivered
directly by the County to one or more lenders to evidence one
or more loans made to the County by one or more lenders in
accordance with any proposal made by such lender(s) to the
County pursuant to any Request for Proposal issued by the
County for any such loan (hereinafter any such Request for
Proposal of the County and any proposal from any lender(s)
submitted in response thereto shall be collectively referred
to as a "Financing Proposal"). The Bonds may also be issued
and sold pursuant to a competitive sale by the County, which
competitive sale may be contemporaneous with a competitive
sale of any other bonds of the County, including, without
limitation, the general obligation public improvement bonds
approved by the voters of the County at the election duly
called and held under the Public Finance Act of 1991 on
November 5, 2013. There is hereby delegated to the County
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Administrator authority, without further action by the Board
of Supervisors, to issue and deliver the Bonds as authorized
hereby at such price, and on such other terms and conditions
as shall be provided in any Financing Proposal (in such form
and containing such terms and conditions as the County
Administrator may deem advisable, subject to the provisions
hereof) or as provided in any Official Notice of Sale
relating to any competitive sale of the Bonds. In connection
with any competitive sale of the Bonds, the County
Administrator is hereby authorized to cause to be prepared
and disseminated (via electronic dissemination or otherwise)
an Official Notice of Sale of the Bonds in such form and
containing such terms and conditions as the County
Administrator may deem advisable, subject to the provisions
hereof.
The County Administrator is hereby authorized to
accept any Financing Proposal with respect to the Bonds upon
such terms and conditions as the County Administrator may
deem advisable; provided (i) that the true interest cost to
the County as specified in such Financing Proposal is not in
excess of two percent (2.00%), subject to such adjustments as
shall be acceptable to the County Administrator, as set forth
in the Bonds and in any Financing Proposal accepted by the
County, including, without limitation, adjustment upon the
occurrence of any event of taxability with respect to the
Bonds, and (ii) that any premium payable upon the optional
redemption of the Bonds shall not exceed the premium as set
forth in any Financing Proposal accepted by the County, which
premium may include a "make -whole" amount to be calculated in
accordance with any "make -whole" formula acceptable to the
County Administrator as set forth in the Bonds and in any
Financing Proposal accepted by the County. The County
Administrator is hereby further authorized to determine, or
to modify the provisions of this resolution with respect to,
the dated date of the Bonds, the interest payment dates for
the Bonds, the dates on which the Bonds shall mature and the
principal amount of the Bonds maturing on each such maturity
date and to fix the rates of interest to be borne by the
Bonds of each maturity as specified in the Financing Proposal
accepted by the County Administrator in accordance with the
immediately preceding sentence.
The County Administrator is also hereby authorized
to receive competitive bids for the purchase of the Bonds
and, without further action by the Board of Supervisors, to
accept the bid offering to purchase the Bonds at the lowest
true interest cost to the County, computed in accordance with
the provisions of the Official Notice of Sale; provided (i)
that such bid is in conformity with the Official Notice of
Sale, (ii) that the true interest cost to the County as
specified in such bid is not in excess of three percent
(3.0026), and (iii) that any premium payable upon the optional
redemption of the Bonds shall not exceed two percent (2.00%),
and provided further that the County shall have received on
the date of sale of the Bonds, the good faith deposit
specified in the Official Notice of Sale. The County
Administrator is hereby further authorized to determine, or
to modify the provisions of this resolution with respect to,
the dated date of the Bonds, the interest payment dates for
the Bonds, the dates on which the Bonds shall mature and the
principal amount of the Bonds maturing on each such maturity
date and to fix the rates of interest to be borne by the
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Bonds of each maturity as specified in the competitive bid
accepted by the County Administrator in accordance with the
immediately preceding sentence. In accordance with and
subject to the provisions of any Official Notice of Sale of
the Bonds, bidders may provide that all of the Bonds sold at
competitive sale shall be issued as serial Bonds or may
provide that any two or more consecutive annual principal
amounts shall be combined into one or more term Bonds. If
the successful bidder so designates principal amounts to be
combined into one or more term Bonds, each such term Bond
shall be subject to mandatory sinking fund redemption
commencing on such date in the first year which has been
combined to form such term Bond and continuing on such date
in each year thereafter until the stated maturity date of
that term Bond. The amount redeemed in any year shall be
equal to the principal amount of serial Bonds sold at
competitive sale that would otherwise have matured in such
year. Bonds sold at competitive sale to be redeemed in any
year by mandatory sinking fund redemption shall be redeemed
at par and shall be selected by lot from among the Bonds then
subject to redemption. The County, at its option, may credit
against any mandatory sinking fund redemption requirement
term Bonds of the maturity then subject to redemption which
have been purchased and cancelled by the County or which have
been redeemed and not theretofore applied as a credit against
any mandatory sinking fund redemption requirement.
In the event of a competitive sale of the Bonds,
the County Administrator is hereby further authorized to
execute and deliver to the purchasers of the Bonds sold at
competitive sale, a Continuing Disclosure Certificate
evidencing the County's undertaking, to comply with the
continuing disclosure requirements of Paragraph (b)(5) of
such Rule 15c2-12 to the extent applicable to the Bonds.
In the event of a competitive sale of the Bonds,
the County Administrator, the Director of Accounting and the
County Attorney are hereby authorized to execute and deliver
to the purchasers of any Bonds sold at competitive sale, one
or more certificates in the forms provided for in the
Official Statement relating to the Bonds.
In the event that the Bonds are issued and
delivered pursuant to a Financing Proposal accepted by the
County Administrator as provided herein, one Bond
representing each maturity of the Bonds will be issued to and
registered in the name of the lender designated in the
Financing Proposal. Principal of and interest on any such
Bonds registered in the name of any such lender designated in
any Financing Proposal shall be paid directly by the County
Treasurer, as Registrar and Paying Agent, to such registered
owner.
In the event that the Bonds are sold pursuant to a
competitive sale as provided herein, the following shall
apply with respect to such Bonds sold at competitive sale:
One Bond representing each maturity of the Bonds
will be issued to and registered in the name of Cede & Co.,
as nominee of The Depository Trust Company, New York, New
York ( "DTC") , or in the name of such other nominee of DTC as
may be requested by an authorized representative of DTC, as
registered owner of the Bonds, and each such Bond shall be
immobilized in the custody of DTC. DTC will act as
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securities depository for the Bonds. Individual purchases
will be made in book -entry form only, in the principal amount
of $5,000 or any integral multiple thereof. Purchasers will
not receive physical delivery of certificates representing
their interests in the Bonds purchased.
Principal and interest payments on the Bonds will
be made by the County by wire transfer to DTC or its nominee,
Cede & Co., or such other nominee of DTC, as registered owner
of the Bonds, which will in turn remit such payments to the
DTC participants for subsequent disbursal to the beneficial
owners of the Bonds. Transfers of principal and interest
payments to DTC participants will be the responsibility of
DTC. Transfers of such payments to beneficial owners of the
Bonds by DTC participants will be the responsibility of such
participants and other nominees of such beneficial owners.
Transfers of ownership interests in the Bonds will be
accomplished by book entries made by DTC and, in turn, by the
DTC participants who act on behalf of the indirect
participants of DTC and the beneficial owners of the Bonds.
The County will not be responsible or liable for
sending transaction statements or for maintaining,
supervising or reviewing records maintained by DTC, its
participants or persons acting through such participants or
for transmitting payments to, communicating with, notifying,
or otherwise dealing with any beneficial owner of the Bonds.
So long as the Bonds are in book -entry only form, the County
Treasurer will serve as Registrar and Paying Agent for the
Bonds in accordance with the provisions of Section 4 hereof.
The County reserves the right to designate a successor
Registrar and Paying Agent for the Bonds if the County so
determines.
Bonds issued pursuant to a Financing Proposal shall
not be assigned CUSIP numbers. CUSIP identification numbers
may be printed on Bonds sold at competitive sale, but neither
the failure to print any such number on any such Bonds, nor
any error or omission with respect thereto, shall constitute
cause for failure or refusal by the successful bidder for the
Bonds to accept delivery of and pay for the Bonds in
accordance with the terms of its bid to purchase the Bonds at
competitive sale. No such CUSIP number shall constitute or
be deemed to be a part of any Bond or a part of the contract
evidenced thereby and no liability shall attach to the County
or any of its officers or agents because of or on account of
any such number or any use made thereof.
The following paragraphs (i) -(iv) apply solely to
Bonds sold at competitive sale.
(i) The County Administrator and other appropriate
officials and employees of the County are hereby authorized
to prepare and distribute, or cause to be prepared and
distributed (via electronic dissemination or otherwise), to
prospective purchasers of any Bonds to be sold at competitive
sale, a Preliminary Official Statement relating to such
Bonds. All actions, if any, taken by the officials,
employees, agents and attorneys of the County with respect to
the preparation and distribution of such Preliminary Official
Statement prior to the date hereof are hereby ratified and
confirmed.
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(ii) The County Administrator and other appropriate
officials and employees of the County are hereby authorized
to prepare, or to cause to be prepared, a final Official
Statement relating to any Bonds to be sold at competitive
sale, such final Official Statement to be in substantially
the form of the Preliminary Official Statement with the
completion therein of the information with respect to the
interest rates to be borne by the Bonds as specified by the
successful bidder for the Bonds and other definitive details
of the Bonds determined upon the competitive sale of the
Bonds to the successful bidder therefor.
(iii) The County Administrator is hereby authorized
to execute and deliver to the representative of the
purchasers of any Bonds to be sold at competitive sale, the
final Official Statement relating to the Bonds in accordance
with the provisions of the Official Notice of Sale relating
to the Bonds.
(iv) The Preliminary Official Statement relating to
any Bonds to be sold at competitive sale shall be "deemed
final" as of its date for purposes of Rule 15c2-12
promulgated by the Securities and Exchange Commission
pursuant to the Securities Exchange Act of 1934 ("Rule
15c2-12"), except for the omission of information permitted
to be omitted by Rule 15c2-12. The County Administrator is
hereby authorized to execute and deliver to the
representative of the purchasers of any Bonds to be sold at
competitive sale, a certificate dated the date of the
Preliminary Official Statement, stating that the Preliminary
Official Statement is deemed final by the County for purposes
of Rule 15c2-12 as of its date.
Redemption. (h) The Bonds shall be subject to
prepayment and redemption at the option of the County prior
to their stated maturities, in whole or in part at any time,
on such dates and with such redemption premiums, if any, as
shall be determined by the County Administrator, subject to
the provisions hereof.
If any Bond or a portion thereof shall be subject
to redemption and shall be called for redemption, notice of
the redemption thereof, specifying the date, number and
maturity of such Bond, the date and place or places fixed for
its redemption, the premium, if any, payable upon such
redemption and, if less than the entire principal amount of
such Bond is to be redeemed, that such Bond must be
surrendered in exchange for the principal amount thereof to
be redeemed and a new Bond or Bonds issued equaling in
principal amount that portion of the principal amount thereof
not to be redeemed, shall be mailed not less than thirty (30)
days prior to the date fixed for redemption (or, in the case
of any Bond issued pursuant to a Financing Proposal, such
shorter or longer period as shall be required by the
registered owner of such Bond) by first class mail, postage
prepaid, to the registered owner of such Bond at the address
of such registered owner as it appears on the books of
registry kept by the Registrar and Paying Agent for the
Bonds. The Registrar and Paying Agent shall not be required
to exchange or transfer any Bond later than the close of
business on the forty-fifth (45th) day next preceding the
date fixed for redemption of such Bond or any portion
thereof. If notice of the redemption of any Bond shall have
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been given as aforesaid, and payment of the principal amount
of such Bond (or the portion of the principal amount thereof
to be redeemed) and of the accrued interest and premium, if
any, payable upon such redemption shall have been duly made
or provided for, interest on such Bond shall cease to accrue
from and after the date so specified for redemption thereof.
Any notice of the optional redemption of the Bonds
may state that it is conditioned upon there being on deposit
with the County, or the Registrar and Paying Agent for the
Bonds or other designated agent of the County, on the date
fixed for the redemption thereof an amount of money
sufficient to pay the redemption price of such Bonds,
together with the interest accrued thereon to the date fixed
for the redemption thereof, and any conditional notice so
given may be rescinded at any time before the payment of the
redemption price of such Bonds, together with the interest
accrued thereon, is due and payable if any such condition so
specified is not satisfied. If a redemption of any Bonds
does not occur after a conditional notice is given due to
there not being on deposit with the County, or the Registrar
and Paying Agent for the Bonds or other designated agent of
the County, a sufficient amount of money to pay the
redemption price of such Bonds, together with the interest
accrued thereon to the date fixed for the redemption thereof,
the corresponding notice of redemption shall be deemed to be
revoked.
In the event that the Bonds of any series are sold
at competitive sale and are in book -entry only form, any
notice of redemption will be given only to DTC or its
nominee.
Appointment of County Treasurer as Registrar and
Paying Agent; Payment of Bonds; Books of Registry; Exchanges
and Transfers of Bonds. (i) Appointment of Registrar and
Paying Agent. The County Treasurer is hereby appointed
Registrar and Paying Agent for the Bonds (hereinafter
referred to as the "Registrar and Paying Agent"). The County
reserves the right to designate a successor Registrar and
Paying Agent for the Bonds if the County so determines.
Payment of Bonds. (ii) The principal of and
interest on the Bonds shall be payable in such coin or
currency of the United States of America as at the respective
dates of payment is legal tender for public and private
debts. Interest on the Bonds shall be calculated on the
basis of a 360 -day year comprised of twelve 30 -day months,
unless otherwise set forth in the Bond issued and delivered
to the registered owner thereof. The interest on the Bonds
shall be payable by check mailed, wire transfer or account
debit by the Registrar and Paying Agent to the registered
owners of the Bonds at their addresses as the same appear on
the books of registry as of the record date for the payment
of interest on the Bonds, and the principal of the Bonds
shall be payable as set forth in the Bonds issued and
delivered to the registered owner thereof.
In the event that the Bonds shall be sold at
competitive sale and issued in book -entry form, the principal
of and interest on the Bonds shall be payable in accordance
with the arrangements made with the depository for the Bonds.
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Books of Registry; Exchanges and Transfers of
Bonds. (iii) At all times during which any Bond remains
outstanding and unpaid, the Registrar and Paying Agent shall
keep or cause to be kept at its office, books of registry for
the registration, exchange and transfer of the Bonds. Upon
presentation at the office of the Registrar and Paying Agent
for such purpose, the Registrar and Paying Agent, under such
reasonable conditions and regulations as it may prescribe,
shall register, exchange, transfer, or cause to be
registered, exchanged or transferred, on the books of
registry the Bonds as herein set forth.
Any Bond may be exchanged at the office of the
Registrar and Paying Agent for a like aggregate principal
amount of such Bonds in other authorized principal amounts of
the same interest rate and maturity.
Any Bond may, in accordance with its terms, be
transferred upon the books of registry by the registered
owner in whose name it is registered, in person or by the
duly authorized agent of such registered owner, upon
surrender of such Bond to the Registrar and Paying Agent for
cancellation, accompanied by a written instrument of transfer
duly executed by the registered owner in person or the duly
authorized agent of such registered owner, in form
satisfactory to the Registrar and Paying Agent.
All transfers or exchanges pursuant to this Section
5(c) shall be made without expense to the registered owners
of the Bonds, except as otherwise herein provided, and except
that the Registrar and Paying Agent shall require the payment
by the registered owner of any Bond requesting such transfer
or exchange of any tax or other governmental charges required
to be paid with respect to such transfer or exchange. All
Bonds surrendered pursuant to this Section 5(c) shall be
cancelled.
Execution and Authentication of Bonds; 0)
Execution of Bonds. The Bonds shall be executed in the name
of the County by the manual or facsimile signatures of the
Chairman and the Clerk of the Board of Supervisors, and the
corporate seal of the County shall be impressed, or a
facsimile thereof printed, on the Bonds.
Authentication of Bonds. The County Administrator
shall direct the Registrar and Paying Agent to authenticate
the Bonds and no Bonds shall be valid or obligatory for any
purpose unless and until the certificate of authentication
endorsed on such Bond shall have been manually executed by
the Registrar and Paying Agent. Upon the authentication of
any Bond, the Registrar and Paying Agent shall insert in the
certificate of authentication the date as of which such Bond
is authenticated as follows: (i) if the Bond is authenticated
prior to the first interest payment date, the certificate
shall be dated as of the date the Bonds are delivered to and
paid for by the initial purchasers thereof, (ii) if the Bond
is authenticated upon an interest payment date, the
certificate shall be dated as of such interest payment date,
(iii) if the Bond is authenticated on or after the record
date for the payment of interest on the Bonds and prior to
such interest payment date, the certificate shall be dated as
of such interest payment date, and (iv) in all other
instances the certificate shall be dated the date upon which
the Bond is authenticated. The execution and authentication
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of the Bonds in the manner above set forth is adopted as a
due and sufficient authentication of the Bonds.
Tax Covenant. To the extent it shall be
contemplated at the time of their issuance that any Bonds
issued hereunder shall be excludable from gross income for
purposes of federal income taxation, the County covenants and
agrees to comply with the provisions of Sections 103 and
141-150 of the Internal Revenue Code of 1986 and the
applicable Treasury Regulations promulgated thereunder
throughout the term of such Bonds.
Sources of Payment of Bonds. The full faith and
credit of the County shall be and is hereby irrevocably
pledged to the punctual payment of the principal of and
interest on the Bonds as the same become due. In each year
while the Bonds, or any of them, are outstanding and unpaid,
this Board is authorized and required to levy and collect
annually, at the same time and in the same manner as other
taxes in the County are assessed, levied and collected, a tax
upon all taxable property within the County, over and above
all other taxes, authorized or limited by law and without
limitation as to rate or amount, sufficient to pay when due
the principal of and interest on the Bonds to the extent
other funds of the County are not lawfully available and
appropriated for such purpose.
Form of Bonds. The Bonds shall be in substantially
the form set forth in Exhibit A with such necessary or
appropriate variations, omissions and insertions as are
incidental to their numbers, interest rates and maturities or
as are otherwise permitted or required by law or this
resolution to reflect the terms and conditions of the Bonds.
Authorization to Designate the Refunded Bonds for
Redemption; Authorization to Select An Escrow Agent;
Authorization to Enter into an Escrow Deposit Agreement;
Authorization to Select a Verification Agent. (k) Subject to
the issuance of the Bonds and the receipt of the proceeds of
the Bonds, the County Administrator is hereby authorized to
designate the Refunded Bonds for redemption on such date or
dates as the County Administrator shall determine and is
hereby further authorized to request the County Treasurer, as
Registrar and Paying Agent for the Refunded Bonds, to cause
the notice of the redemption of the Refunded Bonds to be
given in accordance with the provisions of the proceedings
authorizing the issuance of the Refunded Bonds.
The County Administrator is hereby authorized, in
the discretion of the County Administrator, to select a bank
or trust company to serve, or the County may itself serve, as
Escrow Agent, if necessary, and to deliver to such Escrow
Agent or applicable County officials irrevocable written
instructions to give notices, or to cause such notices to be
given, in the name and on behalf of the County, to the
holders of the Refunded Bonds of the redemption of such
Refunded Bonds on the dates fixed for the redemption thereof,
such notices to be given in the manner and at the time or
times provided in proceedings authorizing the issuance of the
Refunded Bonds.
The County Administrator is hereby authorized, in
the discretion of the County Administrator, to execute and
deliver an Escrow Deposit Agreement by and between the County
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02/22/17
and the Escrow Agent in such form as shall be approved by the
County Administrator upon the advice of counsel (including
the County Attorney or Bond Counsel), such approval to be
conclusively evidenced by the execution of the Escrow Deposit
Agreement by the County Administrator.
The County Administrator is hereby authorized to
select a verification agent, if necessary, in connection with
the refunding of the Refunded Bonds.
Authorization to Purchase Government Securities.
The County Administrator, the County Treasurer, or the
County's Financial Advisor or the Escrow Agent, on behalf of
the County, is each hereby authorized to execute, on behalf
of the County, subscriptions for United States Treasury
Obligations - State and Local Government Series, if any, to
be purchased by the County in connection with the refunding
of the Refunded Bonds. Such United States Treasury
Obligations - State and Local Government Series, if any, so
purchased shall be held by or on behalf of the County
Treasurer or by the Escrow Agent under and in accordance with
the provisions of any Escrow Deposit Agreement entered into
in connection with the refunding of the Refunded Bonds. In
addition, the County Administrator, the County Treasurer, or
the Escrow Agent, on behalf of the County, each is hereby
authorized to purchase in the open market noncallable
obligations of, or unconditionally guaranteed by, the United
States of America, and to enter into any purchase agreements,
including forward supply agreement, if any, in connection
therewith, and any such obligations so purchased shall be
held by or on behalf of the County Treasurer or by the Escrow
Agent under and in accordance with the provisions of any
Escrow Deposit Agreement entered into in connection with the
refunding of the Refunded Bonds. The County Administrator or
the County Treasurer is hereby authorized to sell any
securities held by the Escrow Agent under and in accordance
with the provisions of the Escrow Deposit Agreement and to
purchase securities in lieu of and in substitution therefor.
Filing of This Resolution. The County Attorney is
hereby authorized and directed to file a copy of this
resolution, certified by the Clerk of the Board of
Supervisors to be a true and correct copy hereof, with the
Circuit Court of the County of Chesterfield.
Invalidity of Sections, Paragraphs, Clauses or
Provisions. If any section, paragraph, clause or provision
of this resolution shall be held invalid or -unenforceable for
any reason, the invalidity or unenforceability of such
section, paragraph, clause or provision shall not affect any
of the remaining portions of this resolution.
Headings of Sections. The headings of the sections
of this resolution shall be solely for convenience of
reference and shall not affect the meaning, construction,
interpretation or effect of such sections or of this
resolution.
Effective Date. This resolution shall take effect
upon its adoption.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
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13.C.2. AUTHORIZE THE RECEIPT AND APPROPRIATION OF 2016
STATE HOMELAND SECURITY GRANT FUNDS FROM THE
DEPARTMENT OF HOMELAND SECURITY
On motion of Mr. Holland, seconded by Ms. Haley, the Board
authorized the Fire and EMS Department to receive and
appropriate $291,000 in 2016 State Homeland Security grant
funds from the Department of Homeland Security.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13.C.3. TRANSFER OF HOME INVESTMENT PARTNERSHIPS FUNDS
(HOME) TO THE FY2016-2017 HOUSING OPPORTUNITIES MADE
EQUAL DOWN PAYMENT ASSISTANCE TO FIRST-TIME
HOMEBUYERS PROGRAM
On motion of Mr. Holland, seconded by Ms. Haley, the Board
transferred $33,480.01 (2014-2015 allocation) and $13,089.00
(2015-2016 allocation) in unused HOME funds to the FY2016-
2017 Housing Opportunities Made Equal Down Payment Assistance
First -Time Homebuyers Program.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13.C.4. CONSIDERATION OF FIRST AMENDMENT TO THE EMPLOYMENT
AGREEMENT FOR THE COUNTY ADMINISTRATOR
On motion of Mr. Holland, seconded by Ms. Haley, the Board
approved the First Amendment to the Employment Agreement for
the County Administrator. (It is noted a copy of the
agreement is filed with the papers of this Board.)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13.C.5. APPROVAL OF RETURN OF SURPLUS BRUSH TRUCK TO THE BON
AIR VOLUNTEER FIRE DEPARTMENT
On motion of Mr. Holland, seconded by Ms. Haley, the Board
approved the return of a 1997 Chevrolet 3500 Brush Truck, in
its current operating condition, to its original owners, the
Bon Air Volunteer Fire Department.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13.C.6. SET DATE FOR PUBLIC HEARINGS
13.C.6.a. TO CONSIDER AN AMENDMENT TO SECTION 19.1-42 OF THE
COUNTY CODE RELATIVE TO MAILED WRITTEN NOTICE
On motion of Mr. Holland, seconded by Ms. Haley, the Board
set the date of March 15, 2017, for a public hearing to
consider an amendment to Section 19.1-42 of the County Code
relative to mailed written notice.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
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02/22/17
13.C.6.b. TO CONSIDER AN AMENDMENT TO SECTION 19.1-52 OF THE
COUNTY CODE RELATIVE TO USES PERMITTED BY SPECIAL
VYrWVTTnV
On motion of Mr. Holland, seconded by Ms. Haley, the Board
set the date of March 15, 2017, for a public hearing to
consider an amendment to Section 19.1-52 of the County Code
relative to uses permitted by special exception.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13.C.7. ACCEPTANCE OF STATE ROADS
On motion of Mr. Holland, second by Ms. Haley, 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: Sundial Farms Section 2
Type Change to the Secondary System miles of State Highways:
ZA A i t- i nn
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.2-705
Street Name and/or Route Number
• Europa Drive, State Route Number 7734
From: 0.07 miles northeast of Isadora Drive, (Route 7734)
To: The end of maintenance, a distance of: 0.12 miles.
Recordation Reference: Plat Book 223, Page 58
Right of Way width (feet) = 50
• Kalliope Drive, State Route Number 7735
From: Minerva Terrace, (Route 7910)
To: The cul -de -Sac, a distance of: 0.04 miles.
Recordation Reference: Plat Book 223, Page 58
Right of Way width (feet) = 50
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A
• Isadora Place, State Route Number 7733
From: 0.07 miles northeast of Isadora Drive, (Route 7731)
To: The cul -de -Sac, a distance of: 0.05 miles.
Recordation Reference: Plat Book 223, Page 58
Right of Way width (feet) = 50
• Minerva Terrace, State Route Number 7910
From: Kalliope Drive, (Route 7735)
To: The cul -de -Sac, a distance of: 0.06 miles.
Recordation Reference: Plat Book 223, Page 58
Right of Way width (feet) = 50
• Kalliope Drive, State Route Number 7735
From: 0.06 miles north of Isadora Drive, (Route 7731)
To: Minerva Terrace, (Route 7910), a distance of: 0.07
miles.
Recordation Reference: Plat Book 223, Page 58
Right of Way width (feet) = 50
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.2-705, 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: Sundial Farms Section 4
Type Change to the Secondary System miles of State Highways:
AAAitinn
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.2-705
Street Name and/or Route Number
• Fedora Drive, State Route Number 7911
From: Europa Drive, (Route 7734)
To: The cul -de -Sac, a distance of: 0.19 miles.
Recordation Reference: Plat Book 226, Page 95
Right of Way width (feet) = 50
• Europa Drive, State Route Number 7734
From: Europa Court, (Route 7913)
To: The cul -de -Sac, a distance of: 0.06 miles.
Recordation Reference: Plat Book 226, Page,95
Right of Way width (feet) = 50
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• Europa Drive, State Route Number 7734
From: Calypso Lane, (Route 7912)To: Europa Court, (Route
7913), a distance of: 0.06 miles.
Recordation Reference: Plat Book 226, Page 95
Right of Way width (feet) = 50
• Europa Drive, State Route Number 7734
From: Fedora Drive, (Route 7911)
To: Calypso Lane, (Route 7912), a distance of: 0.09 miles.
Recordation Reference: Plat Book 226, Page 95
Right of Way width (feet) = 50
• Europa Drive, State Route Number 7734
From: 0.19 miles northeast of Isadora Drive, (Route 7731)
To: Fedora Drive, (Route 7911), a distance of: 0.05 miles.
Recordation Reference: Plat Book 226, Page 95
Right of Way width (feet) = 50
• Europa Court, State Route Number 7913
From: Europa Drive, (Route 7734)
To: The cul -de -Sac, a distance of: 0.06 miles.
Recordation Reference: Plat Book 226, Page 95
Right of Way width (feet) = 50
• Calypso Lane, State Route Number 7912
From: Europa Drive, (Route 7734)
To: The end of maintenance, a distance of: 0.26 miles.
Recordation Reference: Plat Book 226, Page 95
Right of Way width (feet) = 50
• Fedora Drive, State Route Number 7911
From: Europa Drive, (Route 7734)
To: The end of maintenance, a distance of: 0.07 miles.
Recordation Reference: Plat Book 226, Page 95
Right of Way width (feet) = 50
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.2-705, 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.
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Project/Subdivision: Watermark Section A2
Type Change to the Secondary System miles of State Hi(
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.2-705
Street Name and/or Route Number
•Greyhaven Drive, State Route Number 7894
From: Swannhaven Drive, (Route 7673)
To: The end -of -maintenance, a distance of: 0.13 miles.
Recordation Reference: Plat Book 217, Page 48
Right of Way width (feet) = 55
• Crosswinds Boulevard, State Route Number 7594
From: 0.03 miles south of Whisperwood Drive, (Route 7674)
To: The cul-de-sac, a distance of: 0.07 miles.
Recordation Reference: Plat Book 217, Page 48
Right of Way width (feet) = 55
• Whisperwood Drive, State Route Number 7674
From: Portico Place, (Route 7893)
To: The end -of -maintenance, a distance of: 0.01 miles.
Recordation Reference: Plat Book 217, Page 48
Right of Way width (feet) = 55
s:
• Swannhaven Drive, State Route Number 7673
From: 0.01 miles northwest of Crosswinds Boulevard, (Route
7594)
To: Greyhaven Drive, (Route 7894), a distance of: 0.08
miles.
Recordation Reference: Plat Book 217, Page 48
Right of Way width (feet) = 55
• Portico Place, State Route Number 7893
From: Whisperwood Drive, (Route 7674)
To: The cul-de-sac, a distance of: 0.09 miles.
Recordation Reference: Plat Book 217, Page 48
Right of Way width (feet) = 47
• Swannhaven Drive, State Route Number 7673
From: Greyhaven Drive, (Route 7894)
To: The end -of -maintenance, a distance of: 0.01 miles.
Recordation Reference: Plat Book 217, Page 48
Right of Way width (feet) = 55
• Whisperwood Drive, State Route Number 7674
From: 0.01 miles northwest of Crosswinds Boulevard, (Route
7594)
To: Portico Place, (Route 7893), a distance of: 0.05 miles.
Recordation Reference: Plat Book 217, Page 48
Right of Way width (feet) = 55
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13.C.8. APPROVAL OF PURCHASE OF A PARCEL OF LAND FOR THE
FUTURE EXPANSION OF CLOVER HILL LIBRARY
On motion of Mr. Holland, seconded by Ms. Haley, the Board
approved the purchase of a parcel of land containing 1.0
acre, more or less, for $350,000 from Margaret F. Hardy and
Douglas Patrick for the potential future expansion of Clover
Hill Library, and authorized the County Administrator to
execute the sales contract and deed.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
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02/22/17
13.C.9. ACCEPTANCE OF PARCELS OF LAND
13.C.9.a. ALONG CENTRALIA ROAD FROM ROSE C. HOBBS
On motion of Mr. Holland, seconded by Ms. Haley, the Board
accepted the conveyance of a parcel of land containing 0.09
acres along Centralia Road from Rose C. Hobbs 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: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13.C.9.b. ALONG OTTERDALE WOODS ROAD FROM JSF OTTERDALE
MIDLOTHIAN TURNPIKE CMPI, LLC
On motion of Mr. Holland, seconded by Ms. Haley, the Board
accepted the conveyance of a parcel of land containing 0.25
acres along Otterdale Woods Road from JSF Otterdale
Midlothian Turnpike CMPI, 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: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13.C.10. FROM KW RCH, LLC TO INSTALL A PRIVATE SEWER
SERVICE WITHIN A PRIVATE EASEMENT TO SERVE
PROPERTY ON WALTHALL INDUSTRIAL PARKWAY
On motion of Mr. Holland, seconded by Ms. Haley, the Board
granted KW RCH, LLC permission to install a private sewer
service within a private easement to serve new Fed Ex
facility at 16201 Walthall Industrial Parkway, and authorized
the County Administrator to execute a sewer connection
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13.C.11. REQUEST TO QUITCLAIM A WATER EASEMENT ACROSS
PROPERTY OF WEN VIRGINIA, LLC
On motion of Mr. Holland, seconded by Ms. Haley, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
10 -foot water easement across property of Wen Virginia, LLC.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
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13.C.12. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
13.C.12.a. FROM THE BERMUDA, CLOVER HILL, DALE, MATOACA AND
MIDLOTHIAN DISTRICT IMPROVEMENT FUNDS
13.C.12.a.1. TO THE SCHOOL BOARD FOR POST -PROM CELEBRATIONS
On motion of Mr. Holland, seconded by Ms. Haley, the Board
transferred $1,100 from the Bermuda District Improvement
Fund, $2,100 from the Clover Hill District Improvement Fund,
$1,600 from the Dale District Improvement Fund, $1,600 from
the Matoaca District Improvement Fund, and $1,100 from the
Midlothian District Improvement Fund to the Chesterfield
County School Board for drug- and alcohol -free post -prom
celebrations, subject to the conditions.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13.C.12.a.2. TO THE DEPARTMENT OF GENERAL SERVICES TO REMOVE
AND DISPLAY THE OLD BELL AT THE 1917 HISTORIC
COURTHOUSE, AND PURCHASE AND INSTALL A NEW BELL
AT THE 1917 HISTORIC COURTHOUSE
On motion of Mr. Holland, seconded by Ms. Haley, the Board
transferred $5,000 in District Improvement Funds ($1,000 from
each district) to the Chesterfield County Department of
General Services to stabilize and preserve the historic 1749
iron bell from the 1917 Historic Courthouse, and purchase a
replacement bell to be installed at the 1917 Historic
Courthouse.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13.C.12.b. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE
PARKS AND RECREATION DEPARTMENT TO COVER THE
COSTS ASSOCIATED WITH FENCE -LINE MULCHING ALONG
THE BASEBALL FIELD LOCATED AT THOMAS DALE HIGH
SCHOOL
On motion of Mr. Holland, seconded by Ms. Haley, the Board
transferred $3,170 from the Bermuda District Improvement Fund
to the Parks and Recreation Department to cover the costs
associated with fence -line mulching along the baseball field
at Thomas Dale High School.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13.C.12.c. FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE
PARKS AND RECREATION DEPARTMENT TO PURCHASE A
STORAGE SHED FOR ATHLETIC EQUIPMENT AT THE
HOPKINS ELEMENTARY SCHOOL SPORTS COMPLEX
On motion of Mr. Holland, seconded by Ms. Haley, the Board
transferred $4,500 in Dale District Improvement Funds to the
Parks and Recreation Department to purchase a storage shed
for athletic equipment at the Hopkins Elementary School
Sports Complex.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
16-794
02/22/17
14. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Patricia Lancaster, representing Alpha Kappa Alpha
Sorority, Incorporated, Pi Rho Omega Chapter, addressed the
Board relative to voting rights, education and health care.
Mr. Holland stated more than 108 years ago, Alpha Kappa Alpha
became the nation's first sorority established by African
American women, at Howard University. He further stated the
sorority's main mission is to be of service to mankind,
particularly girls and women.
15. DEFERRED ITEMS
There were no Deferred Items at this time.
16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTION 18
1 ScrrnA9A
In Midlothian Magisterial District, Marc Greenberg and
Midlothian Land Partnership, LLC request rezoning from
Community Business (C-3) to Community Business (C-3) with
conditional use planned development to permit exceptions to
ordinance requirements and amendment of zoning district map
on 25.7 acres fronting 1450 feet on the north line of
Midlothian Turnpike, 330 feet west of Winterfield Road; also
fronting 230 feet on the west line of Winterfield Road, 315
feet north of Midlothian Turnpike. Density will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Suburban Commercial District and Planned Transition Area
uses. Tax IDs 724-709-1313, 2311, 2528, 4210, 5831, 6911,
9121; 725-709-1125, 2064 and 7635.
Mr. Turner stated Ms. Haley is requesting a deferral to the
April 26, 2017 regularly scheduled meeting.
Mr. Andy Condlin, representing the applicant, accepted the
deferral.
Ms. Haley stated the project is in the process of being
redrafted to include some additional amendments.
Ms. Jaeckle called for public comment on the deferral.
There being no one to speak to the deferral, the public
hearing was closed.
On motion of Ms. Haley, seconded by Mr. Holland, the Board
deferred Case 15SN0656 until April 26, 2017.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
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17.qun9;19;
In Matoaca Magisterial District, Douglas and Susan Sowers
request amendment of conditional use planned development
(Case 03SN0307) relative to setbacks and to amend cash
proffers and amendment of zoning district map in a
Residential (R-12) District on 98.7 acres located at the
southeast corner of Spring Run Road and Springford Parkway.
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 730-663-3520.
Mr. Turner stated Mr. Elswick is requesting a deferral to the
April 26, 2017 regularly scheduled meeting.
Mr. Kerry Hutcherson, representing the applicant, accepted
the deferral.
Ms. Jaeckle called for public comment on the deferral.
There being no one to address the deferral, the public
hearing was closed.
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
deferred Case 17SN0515 until April 26, 2017.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
17RW0180
In Bermuda Magisterial District, Carey D. Ashford, requests
an exception to Section 19.1-524 of the Chesapeake Bay
Preservation Act requirements of the Zoning Ordinance to
permit encroachment into the Resource Protection Area (RPA)
along Proctors Creek as a result of grading and construction
of a private in -ground swimming pool. The property is
located at 11924 Birdie Lane, which is within the Proctors
Creek drainage basin. Tax ID 785-655-7290.
Mr. Turner presented a summary of Case 17RW0180 and stated
staff recommended approval, subject to the conditions.
Mr. Dale Goodman, representing the applicant, accepted the
conditions.
Ms. Jaeckle 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 17RW0180, subject to the following conditions:
1. The mitigation measures outlined in the document titled
Water Quality Impact Assessment - 11924 Birdie Lane,
prepared by Balzer and Associates and received February
3, 2017 shall be incorporated and implemented during the
plan review process. (EE)
2. The Department of Environmental Engineering may approve
alternative mitigation measures if it is determined that
such alternatives will not increase impacts to the
Resource Protection Area (RPA) or downstream water
bodies. (EE)
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02/22/17
3. As mitigation for the encroachment the applicant shall
maintain erosion and sediment control measures as
required by the Department of Environmental Engineering
and ensure preservation of the remaining vegetation.
(EE)
4. Approval of this application for an exception is for
encroachment into the Resource Protection Area only and
does not guarantee development of the site as explicitly
proposed in the WQIA referenced in Condition 1 above.
Development of the site is subject to all ordinance
requirements, review processes, building permits and/or
other requirements currently adopted at the time of
plans review. (EE)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13SN0525
In Midlothian Magisterial District, Douglas and Susan Sowers,
and Rountrey Development Corp. request amendment of
conditional use planned development (Case 04SN0232) to amend
cash proffers and amendment of zoning district map in a
Residential (R-12) District on 190.1 acres located within the
New Market Subdivision along Amethyst Drive, Apperly Terrace,
Adelay Drive, Avada Drive, Carindale Drive, Farham Lane,
Prenoman Lane, Sultree Drive, Willowmore Drive, west of
Otterdale Road. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Suburban Residential
I use (maximum of 2.0 dwellings per acre) . Tax IDs 713-693-
8372; 714-694-2789, 3374, 4972, 5869, 6187, 6664, 7897, 9074,
9168, 9443, 9462 and 9591; 714-695-2503, 3027, 6544, 6719,
7232, 8414 and 9924; 715-694-1243, 1386, 2183, 2465, 3041,
3081, 3363, 3799, 3978, 4740, 4776, 5637, 7069, 7434, 7652,
8163, 8186, 8450, 8825 and 9184; 715-695-0832, 1007, 2004,
2117, 2442, 2901, 4635, 5188, 5460, 6264, 6444, 7148 and
7953; 716-694-1261; 716-695-0187, 1093, 2079, 2099 and 3081;
716-696-3003.
Mr. Turner presented a summary of Case 13SN0525 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered condition. He noted Proffered
Condition 2 was submitted subsequent to the Planning
Commission's approval of the case.
Mr. Jim Theobald, representing the applicant, accepted the
recommendation.
In response to Ms. Jaeckle's question, Mr. Theobald stated he
believes the conditions proffered are reasonable under state
law.
In response to Mr. Holland's question, Mr. Theobald stated
there was a commitment in the original case to file a set of
restrictive covenants to address quality assurances.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
16-797
02/22/17
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On motion of Ms. Haley, seconded by Mr. Holland, the Board
approved Case 13SN0525 and accepted the following proffered
condition:
The property owners and applicant in this rezoning 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 under consideration (the "Property") will be
developed according to the following proffers if, and only
if, the rezoning request submitted herewith is granted with
only those conditions agreed to by the owners and applicant.
In the event this request is denied or approved with
conditions not agreed to by the owners and applicant, the
proffers shall immediately be null and void and of no further
force or effect.
1. The Applicant hereby amends Case 04SN0232 to remove
Proffered Condition 3 Cash Proffer.
New Proffered Condition 2 is hereby provided:
2. Development Standards. All dwelling units, other than
condominiums or cluster homes, developed on the Property
shall be subject to the following development standards.
Any modification of the following standards shall be
approved by the Planning Department appealable to the
Planning Commission at the time of building permit and
construction.
A. Style and Form.
i. The architectural styles shall use forms and
elements compatible with those in the New
Market subdivision in Chesterfield County,
Virginia. The same architectural style of
dwelling unit frontal elevations shall not be
located on either side of or directly across
from each other, but this requirement shall
not prevent a dwelling unit from having the
same frontal elevations as a dwelling unit
located diagonally across from said dwelling
unit.
ii. The main body of each single family detached
dwelling unit shall be a minimum of thirty
(30) feet in width. No single story home
shall be located on either side of or directly
across from another single story home except
in a cluster or multifamily section, but this
requirement shall not prevent a single story
home from being located diagonally across from
another single story home.
B. Exterior Facades.
i. Fagade Materials. At least 500-o (5 in 10)
dwelling units constructed shall have brick,
stone or masonry fronts that cover a minimum
of 20% of the fagade (which fagade shall
exclude gables, windows, trim, and doors).
Other acceptable siding materials shall
include stucco, synthetic stucco (E.I.F.S.),
16-798
02/22/17
or horizontal lap siding. Horizontal lap
siding may be manufactured from natural wood
or cement fiber board or may be premium
quality vinyl siding with a minimum wall
thickness of .044 inches. Synthetic Stucco
(E.I.F.S.) siding shall be finished in a
smooth, sand or level texture, no rough
textures are permitted. Exterior facades
shall include, at a minimum, 1 X 6 rake and
fascia boards.
ii. Color. Elements of exterior facades (which
include masonry cladding, trim, and doors)
shall include a minimum of three (3) colors,
except a minimum of two (2) colors shall be
included if the cladding is white.
C. Foundations. All foundations shall be faced
entirely of brick or stone. Synthetic or natural
stucco foundations may be permitted for facades
constructed entirely of stucco.
E.
Roof s.
i. Varied Roof Line. Varied roof designs and
materials shall be used on facades of
dwellings that face a street. Main roof pitch
shall be 7/12, and there shall be a minimum
roof overhang of twelve (12) inches on main
gables. Roof pitch may be decreased to match
the architectural style of the home, i.e.
Pacific, Northwest, Modern, Craftsman, etc.
Porches and dormer pitches may be less than
7/12.
ii. Roof Materials. Roofing material shall be
dimensional architectural shingles with a
minimum 30 year warranty. All flashing shall
be copper or pre -finished aluminum (bronze or
black) .
Porches, Stoops, and Decks.
i. Front Porches. Individual porches and
porticos shall be one-story in height.
Extended front porches shall be a minimum of
5' deep. Handrails and railings, when
required by building code, shall be finished
painted wood or metal railing with vertical
pickets or swan balusters. Pickets shall be
supported on top and bottom rails that span
between columns. Columns supporting roofs of
porches, porticos and covered stoops on street
facing facades, shall be masonry piers,
tapered round (Tuscan or Doric) column, or
square box columns a minimum of 6 square as
appropriate to the character of the unit.
other high quality columns may be approved.
Wooden front porches shall include painted
pickets, a painted band, and painted lattice
underneath such porches.
ii. Rear Porches. All rear porches visible from
public rights of way shall have lattice or
higher quality screening spanning between
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02/22/17
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columns. Handrails and railings, when required
by building code, shall be finished painted
wood or metal railing with vertical pickets or
swan balusters.
F. Fireplaces, Chimneys, and Flues.
i. Chimneys. Chimney chases shall be constructed
of brick or stone. The width and depth of
chimneys shall be appropriately sized in
proportion to the size and height of the unit.
ii. Direct Vent Fireplaces: Direct vent gas
fireplace boxes which protrude beyond the
exterior plane of the unit, are not permitted
on front facades. All the exterior materials
and finishes used to enclose the fireplace box
must match the adjacent facade.
G. Front walks/Driveways.
i. All private driveways serving residential uses
shall be constructed of either concrete or
asphalt. Private driveways shall not require
curb and gutter.
ii. Front walks shall be provided to each dwelling
unit. Front walks shall be constructed of
concrete. Front walks shall be a minimum of 3'
wide.
iii. one (1) lamp post shall be provided to each
dwelling unit. The design of such lamp posts
shall be consistent throughout the Property.
iv. If individual mailbox units are provided for
each lot, the design of such mailboxes shall
be consistent throughout the Collington
subdivision. Any provided mailbox units shall
be painted white at time of initial
installation.
H. Landscaping and Yards. All front yards shall be
sodded and irrigated. Foundation planting beds
shall be provided along the front fagades of
dwelling units. Foundation planting beds shall be
a minimum of four (4) feet wide as measured from
the unit foundation. Planting beds shall be
defined with a trenched edge or suitable landscape
edging material. Planting beds shall include
medium shrubs spaced a maximum of four (4) feet
apart. Unit corners shall be visually softened
with vertical accent shrubs (2-4' in height) or
small evergreen trees (5-7' in height) at the time
of planting.
(Staff Note: Except as amended with this case, all
other conditions of Case 04SNO232 shall remain in
force and effect.)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
16-800
02/22/17
175N0594
(Amended) In Matoaca Magisterial District, Lakewood
Investments, LLC requests amendment of zoning (Case 13SN0521)
to amend cash proffers and amendment of zoning district map
in a Residential (R-25) District on 201.8 acres located
within the Lake Margaret Subdivision along Woodpecker Road,
Clancy Court, Lake Margaret Drive, Place and Terrace, north
of Cattail Road. Density will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Residential
Agricultural use (maximum of 0.5 dwellings per acre). Tax IDs
764-641-7720; 765-641-6256, 6636, 8833, 9074 and 9724; 766-
639-7996, 8684, 9170, 9353 and 9935; 766-640-2196, 2987,
3779, 4169, 7789, 8875 and 9863; 766-641-0515, 1407, 1973,
3451, 4739, 5420, 6404, 6776, 7236, 8912 and 9768; 766-642-
5904; 767-639-1547, 2955, 4398, 4565, 5590 and 6575; 767-640-
0646, 1436, 1690; 2127, 2783, 2817, 3507, 3767, 4658, 5549,
6341, 7131, 7817, 8092, 8800, 8985 and 9977; 767-641-0500,
0854, 1644, 2537, 4027, 5516 and 7101; 768-640-0420, 0870,
2033, 2463 and 3018.
Mr. Turner presented a summary of Case 17SN0594 and stated
both the Planning Commission and staff recommended approval.
Mr. Kerry Hutcherson, representing the applicant, accepted
the recommendation.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
Mr. Elswick stated the development is age -restrictive and
will not have an adverse impact on schools. He noted road and
sidewalk improvements total the proffer amount.
Mr. Elswick then made a motion, seconded by Mr. Holland, for
the Board to approve Case 17SN0594.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
In Bermuda Magisterial District, Shawn D. Dunn requests
conditional use planned development to permit an exception to
ordinance requirements relative to a buffer and amendment of
zoning district map in a General Industrial (I-2) District on
1.2 acres fronting 145 feet on the west line of Happy Hill
Road, 1,300 feet northeast of Jefferson Davis Highway.
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 800-632-3167.
Mr. Turner presented a summary of Case 17SN0616 and stated
both the Planning Commission and staff recommended approval,
subject to the one condition.
Mr. Dean Hawkins, representing the applicant, accepted the
condition.
Ms. Jaeckle called for public comment.
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There being no one to address the issue, the public hearing
was closed.
Ms. Jaeckle expressed appreciation to Mr. Hawkins for his
efforts assisting small businesses with land use
requirements.
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
approved Case 17SN0616, subject to the following condition:
A six (6) foot tall vinyl or wooden privacy fence shall be
installed the full length of the subject parcel's southern
property line, lying contiguous to Tax ID 800-632-2559. The
exact design and treatment of the fence shall be approved by
the Planning Department in conjunction with site plan
approval. The fence shall be maintained in good condition
and appearance. This fence requirement shall be eliminated
if Tax ID 800-632-2559 is zoned for a nonresidential use. (P)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
17cunAla
In Midlothian Magisterial District, BB Hunt LLC requests
amendment of conditional use planned development (Case
15SN0634) to amend cash proffers and amendment of zoning
district map in a Community Business (C-3) District on 10.2
acres fronting 700 feet on the west line of Charter Colony
Parkway, 930 feet south of Midlothian Turnpike, also fronting
550 feet on the east line of Le Gordon Drive, 1,040 feet
south of Midlothian Turnpike. Density will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for Planned
Transition Area use. Tax ID 726-707-2550.
Mr. Turner presented a summary of Case 17SN0619 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Jim Theobald, representing the applicant, accepted the
recommendation.
Ms. Haley requested a 30 -day deferral of the case.
Ms. Jaeckle called for public comment on the deferral.
There being no one to address the deferral, the public
hearing was closed.
On motion of Ms. Haley, seconded by Mr. Winslow, the Board
deferred Case 17SN0619 until March 15, 2017.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
16-802
02/22/17
17SN0688
In Matoaca Magisterial District, Atlantic Development and
Acquisition, L.C. requests amendment to zoning (Case
16SN0558) to amend cash proffers and density and amendment of
zoning district map in a Multifamily Residential (R -MF)
District on 20 acres located in the southeast quadrant of
Ashlake and Ashbrook Parkways, also fronting 60 feet on the
west line of Bethia Road, 995 feet southwest of Winterpock
Road. Density will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Suburban Residential I use
(maximum of 2.0 dwellings per acre). Tax IDs 720-668-8155
and 720 -669 -Part of 8248.
Mr. Turner presented a summary of Case 17SN0688 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Jim Theobald, representing the applicant, accepted the
recommendation.
In response to Ms. Jaeckle's question, Mr. Theobald stated he
believes the conditions proffered are reasonable under state
law.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
Mr. Elswick stated a number of quality standards were
submitted to address concerns. He further stated the
development is age -restrictive and will not have an adverse
impact on schools.
Mr. Elswick then made a motion, seconded by Mr. Holland, for
the Board to approve Case 17SN0688 and accept the following
proffered conditions:
The property owners and 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 under consideration will be developed according to
the following proffers if, and only if, the request submitted
herewith is granted with only those conditions agreed to by
the owners and applicant. In the event this request is
denied or approved with conditions not agreed to by the
owners and applicants, the proffers shall immediately be null
and void and of no further force or effect.
The Applicant hereby amends Proffered Condition 16 of Case
16SN0558 to read as follows:
1. Cash Proffers: For each dwelling unit, the applicant,
sub -divider, or assignee(s) shall pay $2,914 per
dwelling unit to the County of Chesterfield for road
improvements within the service district for the
property. Each payment shall be made prior to the
issuance of a building permit for a dwelling unit unless
state law modifies the timing of the payment. Should
Chesterfield County impose impact fees at any time
during the life of the development that are applicable
to the property, the amount paid in cash proffers shall
be in lieu of or credited toward, but not be in addition
to, any impact fees, in a manner determined by the
County. (B & M)
The Applicant hereby amends Proffered Condition 20 of Case
No. 16SNO558 to read as follows:
2. Density. There shall be no more than eighty-three (83)
retial units developed on the Property. (P)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
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02/22/17
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17eNn747
In Bermuda Magisterial District, Bermuda Marketplace, LLC
requests amendment of conditional use (Case 16SN0552) to
amend cash proffers and amendment of zoning district map in
Community Business (C-3) and General Business (C-5) Districts
on 8 acres lying 370 feet off the west line of Jefferson
Davis Highway, 1,100 feet south of Perdue Springs Drive.
Density will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Commercial use. Tax IDs 797-656-3684 and
797-657-2314.
Mr. Turner presented a summary of Case 17SN0742 and stated
both the Planning Commission and staff recommended approval.
Mr. Andy Scherzer, representing the applicant, accepted the
recommendation.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
Ms. Jaeckle stated the development will offer affordable
housing for the elderly and disabled. She further stated the
applicant proffered amenities for walkability to the shopping
center.
Ms. Jaeckle then made a motion, seconded by Mr. Winslow, for
the Board to approve Case 17SN0742.
Mr. Holland stressed the importance of affordable housing in
the area.
Ms. Jaeckle called for a vote on her motion, seconded by Mr.
Winslow, for the Board to approve Case 17SN0742.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
i7cun7gi
In Bermuda Magisterial District, Ruffin Mill Farm, LLC
requests conditional use to permit a commercial retail
greenhouse and amendment of zoning district map in a General
Industrial (I-2) District on 24.9 acres known as 2120 Ruffin
Mill Road. Density will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Industrial use. Tax ID 805-639-
9731.
Mr. Turner presented a summary of Case 17SN0763 and stated
both the Planning Commission and staff recommended approval.
In response to Ms. Jaeckle's question, Mr. Turner stated the
case was double advertised and there were no additional
proffers submitted for approval.
Mr. Dean Hawkins, representing the applicant, accepted the
recommendation.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved Case 17SN0763.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
16-804
02/22/17
17SN0603
(AMENDED) In Clover Hill Magisterial District, Goochland/West
Creek Limited Partnership and Gateway/Texas L.P. request
amendment of zoning (Case 91SN0230) relative to hours of
operation and permitted transportation density, (Case
O1SN0276) relative to uses and (Case 13SN0501) relative to
access and amendment of zoning district map in Neighborhood
Business (C-2) and Community Business (C-3) Districts on 22
acres fronting 880 feet on the southwest line of Midlothian
Turnpike, 130 feet north of Tuxford Road. 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 IDs 751-706-3789, 751-707-1228 and 4548.
Mr. Turner presented a summary of Case 17SN0603 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Jim Theobald, representing the applicant, accepted the
recommendation. He stated the request is for neighborhood and
community business uses. He further stated the application
would permit gasoline sales twenty-four hours a day, expand
the area where motor vehicle sales and service are permitted
on the C-3 tract, modify the measurement of equivalent
transportation density, and provide a second access into the
property that would be limited to right turns in and out
only.
In response to Ms. Jaeckle's question, Mr. Theobald stated he
believes the conditions proffered are reasonable under state
law.
Ms. Jaeckle called for public comment.
In response to Mr. Steve Meadows' question, Mr. Theobald
stated VDOT would support a signal under the condition that a
plan of development was submitted and approved by both VDOT
and the county. He further stated a signal warrant analysis
has been submitted by the applicant and is currently under
review by VDOT.
Ms. Kathy Hinkle, representing the Board of Directors of the
Shenandoah Homeowners Association, expressed concerns
relative to the possibility of a 24-hour operation at the
location and submitted a petition to the Clerk signed by
citizens stating the same.
There being no one else to address the issue, the public
hearing was closed.
Mr. Winslow stated the proposal permits gasoline sales 24 -
hours a day; however, other outdoor retail activities are
precluded between the hours of 10:00 p.m. and 7:00 a.m. He
further stated buffering on the southern side of the property
is appropriate. In regards to drainage, he stated existing
drainage issues experienced by the community are largely
attributable to the adjacent office park and that drainage
resulting from this development would be addressed through
the site plan process. He noted the proposed stop light
signal is suitable for the development.
Mr. Winslow then made a motion, seconded by Ms. Haley, for
the Board to approve Case 17SN0603 and accept the following
proffered conditions:
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The Applicant hereby amends Proffered Condition 10 of Case
91SN0230 to read as follows:
1. There shall be no outdoor retail activities (excluding
accessory parking and sale of petroleum products)
loading or unloading activities between 10:00 p.m. and
7:00 a.m. (P)
(Staff Note: Except as amended herein, all previous
conditions of zoning approved in Case 91SN0230 shall
remain in full force and effect.)
The Applicant hereby amends Proffered Condition 2 of Case
O1SN0276 to read as follows:
2. Except as stated herein, in the Community Business (C-3)
tract, uses shall be limited to those uses permitted by
right or with restrictions in the C-2 District plus fast
food restaurants, cocktail lounges as accessory to
restaurant use and motor vehicle sales and service. The
following uses shall not be permitted in either the
Community Business (C-3) or Neighborhood Business (C-2)
tract:
a. Coin-operated dry cleaning; pressing; laundry and
laundromats;
b. Occult sciences such as palm readers, astrologers,
fortune tellers, tea leaf readers, prophets, etc.;
C. Group care facilities. (P)
(Staff Note: Except as amended herein, all previous
conditions of zoning approved in Case 01SN0276
shall remain in full force and effect.)
The Applicant hereby amends Proffered Condition 1 of Case
13SN0501 to read as follows:
3. Access from the Property to Route 60 shall be limited to
two entrances/exits. The entrances/exits shall be
limited to right turns in and out and the locations
shall be approved by the Transportation Department,
unless the Virginia Department of Transportation
("VDOT") approves a signalized crossover at the existing
median break just west of the Tuxford Road intersection
for one of the entrances/exits; should VDOT not approve
a signalized crossover at the existing median break just
west of the Tuxford Road intersection, the previously -
approved signalized intersection approximately 600' west
of Tuxford Road will remain in full force and affect.
If VDOT approves a signalized crossover to serve the
Property, then right and left turn lanes shall be
provided as approved by VDOT. (T)
The Applicant hereby amends Proffered Condition 5 of Case
91SN0230 to read as follows:
4. The maximum density of this development shall be the
number of Average Daily Trips generated by 200,000
square feet of shopping center or equivalent densities
as approved by the Transportation Department. (T)
The Applicant hereby provides the following additional
proffered condition as follows:
5. Lighting. Any lighting over any fuel pumps shall be
recessed, flat lens fixtures and flush with the canopy
underside. (P)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
02/22/17
17SN0587
In Matoaca Magisterial District, Daniel R. Sowers requests
amendment of zoning (Case 05SN0230) to amend cash proffers
and amendment of zoning district map in a Residential (R-12)
District on 19.9 acres located in the southeast corner of
North Spring Run Road and Buck Rub Road. Density will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Suburban Residential II use (2.0 to 4.0 dwellings per acre).
Tax IDs 726-667-9968 and 727-667-3876.
Mr. Turner presented a summary of Case 17SN0587 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered condition. He further stated
both requests would warrant separate motions. He noted an
amendment to Proffered Condition 1 was amended subsequent to
the Planning Commission's recommendation.
Mr. Kerry Hutcherson, representing the applicant, accepted
the recommendation. He expressed his appreciation to Planning
staff, Transportation staff, Environmental Engineering staff
and Dr. Edgar Wallin for their efforts relative to the case.
He stated the conditions of the existing case offer
improvements to North Spring Run Road and quality development
standards offered improvement upon the original case. He
further stated a waiver to the street connection for Ratling
Drive in the Antler Ridge Subdivision would not adversely
impact public safety response times, travel time between
neighborhoods and convenient and safe access to neighboring
properties.
In response to Ms. Jaeckle's question, Mr. Hutcherson stated
he believes the conditions proffered are reasonable under
state law. He further stated the court system would make the
final decision.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
Mr. Elswick noted the proposed improvements to North Spring
Run Road, waiver to street connectivity requirements and
quality development standards.
Mr. Elswick then made a motion, seconded by Mr. Holland, for
the Board to approve Case 17SN0587 and accept the proffered
condition.
In response to Mr. Winslow's question, Mr. Smith stated
elimination of the road connection would not increase
projected traffic volume on any adjoining local street within
an existing subdivision.
Mr. Elswick concurred with Mr. Smith's comments.
Ms. Jaeckle called for a vote on the Mr. Elswick's motion,
seconded by Mr. Holland, for the Board to approve Case
17SN0587 and accept the following proffered condition:
The Applicant in this case, pursuant to Section 15.2-2298 of
the Code of Virginia (1950 as amended) and the Zoning
Ordinance of Chesterfield County, for themselves and their
successors or assigns, proffer that the property known as
Chesterfield County Tax Identification Numbers 726-667-9968
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and 727-667-3876 ("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 Applicant. In the event this
request is denied or approved with conditions not agreed to
by the owner and Applicant, the proffer shall immediately be
null and void and of no further force or effect.
1. Architectural Design Standards. All dwelling units
developed on the Property shall be subject to the
following architectural design standards:
A. Style and Form. The architectural styles shall use
forms and elements compatible with those in the
Collington subdivision in Chesterfield County,
Virginia. The same architectural style of dwelling
unit frontal elevations shall not be located on
either side of or directly across from each other,
but this requirement shall not prevent a dwelling
unit from having the same frontal elevations as a
dwelling unit located diagonally across from said
dwelling unit.
B. Exterior Facades. At least 500-. (5 in 10) dwelling
units constructed shall have brick, stone or
masonry fronts that cover a minimum of 20% of the
fagade (which fagade shall exclude gables, windows,
trim, and doors). Other acceptable siding
materials shall include stucco, synthetic stucco
(E.I.F.S.), or horizontal lap siding. Horizontal
lap siding may be manufactured from natural wood or
cement fiber board or may be premium quality vinyl
siding with a minimum wall thickness of .044
inches. Synthetic Stucco (E.I.F.S.) siding shall be
finished in a smooth, sand or level texture, no
rough textures are permitted.
C. Foundations. All foundations shall be constructed
entirely of brick or stone. Synthetic or natural
stucco foundations may be permitted for facades
constructed entirely of stucco.
D. Roofs.
i. Varied Roof Line.
materials
dwellings
pitch shall
shall be
that face
be 7/12.
Varied roof
used on
a street.
designs and
facades of
Minimum roof
ii. Roof Materials. Roofing material shall be
dimensional architectural shingles with a
minimum 30 year warranty. All flashing shall
be copper or pre -finished aluminum (bronze or
black).
E. Porches, Stoops and Decks.
i. Front Porches.
Individual porches and porticos
shall be one-story in height. Extended front
porches shall be a minimum of 5' deep.
Handrails and railings, when required by
building code, shall be finished painted wood
or metal railing with vertical pickets or swan
16-808
02/22/17
balusters. Pickets shall be supported on top
and bottom rails that span between columns.
Columns supporting roofs of porches, porticos
and covered stoops on street facing facades,
shall be masonry piers, tapered round (Tuscan
or Doric) column, or square box columns a
minimum of 6" square as appropriate to the
character of the unit. All front steps shall
be masonry to match the foundation.
ii. Rear Porches. All rear porches visible from
public rights of way shall have lattice
screening spanning between columns. Handrails
and railings, when required by building code,
shall be finished painted wood or metal
railing with vertical pickets or swan
balusters.
F. Fireplaces, Chimneys, and Flues.
i. Chimneys. Sided chimneys are permitted on roof
planes or facades and must have masonry
foundations when visible from the street. The
width and depth of chimneys shall be
appropriately sized in proportion to the size
and height of the unit.
ii. Direct Vent Fireplaces: Direct vent gas
fireplace boxes which protrude beyond the
exterior plane of the unit, are not permitted
on front facades. All the exterior materials
and finishes used to enclose the fireplace box
must match the adjacent facade.
G. Front walks/Driveways.
i. All private driveways serving residential uses
shall be constructed of either concrete or
asphalt. Private driveways shall not require
curb and gutter.
ii. Front walks shall be provided to each dwelling
unit. Front walks shall be constructed of
concrete. Front walks shall be a minimum of 3'
wide.
H. Garages. No front loaded garages shall be permitted
on the principal dwelling unit. Garage doors shall
be "Carriage" style and include a minimum of (4)
decorative straps and (2) decorative handles.
I. Landscaping and Yards. All front yards shall be
sodded and irrigated. Foundation planting beds
shall be provided along the front fagades of
dwelling units. Beds shall be a minimum of four
(4) feet wide as measured from the unit foundation,
and beds shall include a minimum of three shrubs
each measuring twelve (12) inches in height as
measured from grade. (P)
Ayes: Jaeckle, Haley, Winslow, Elswick and Holland.
Nays: None.
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On motion of Mr. Elswick, seconded by Mr. Holland, the Board
approved the request to preclude a street connection to
Ratling Drive, located in the Antler Ridge Subdivision.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
17SN0617
In Midlothian Magisterial District, Potts, Minter &
Associates, P.C. requests an exception to Section 18-60 of
the utility ordinance for connection to the public sewer
system and amendment of zoning district map in a Residential
(R-40) District on 4.9 acres located at 3320 Old Gun Road
West. Density will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Low Density Residential use
(maximum of 1.0 dwelling per acre). Tax ID 736-721-7471.
Mr. Turner presented a summary of Case 17SN0617 and stated
the Planning Commission recommended approval because the
request accommodates two lot subdivision where mandatory
utility connection requirement is cost -prohibitive. He
further stated staff recommended denial because the request
adversely impacts the extension of public sewer system to
area properties.
Ms. Angela Kidd, representing the applicant, accepted the
condition.
Ms. Jaeckle called for public comment.
Mr. Michael Greer, a neighboring property owner, expressed
concerns relative to the positioning of a septic system and
impacts of storm water runoff into a wetland delineation that
crosses his property.
Ms. Levar, neighboring property owner, requested further
clarification regarding the proposed subdivision of the
property. She also expressed concerns relative to the impact
on the preservation of Old Gun Road.
Ms. Mora Spence expressed concerns relative to the proposed
subdivision, the impact on the preservation of Old Gun Road
and storm water runoff into a wetland delineation.
Ms. Denise Brown-Leverett, property owner, stated the
property has been in her family for 80 years. She further
stated the parcel has been approved to be divided into two
parcels. She stated her family has suffered many hardships
and the sale of the property would alleviate recent burdens
to her family. She urged the Board to approve the request.
In response to Ms. Haley's questions, Ms. Kidd stated the
applicant has attended preliminary meetings with
Environmental Engineering staff relative to environmental
concerns. She further stated a drainfield design is already
in place and approved. She stated a two lot subdivision is
planned and both lots are proposed to be served by public
water and private septic system.
In response to Ms. Jaeckle's question, Ms. Kidd stated there
is an existing home on the larger parcel.
In response to Ms. Jaeckle's question, Mr. Turner stated
design standards and setbacks were not included in the
conditions.
16-810
02/22/17
There being no one else to address the issue, the public
hearing was closed.
Ms. Haley stated the proposal has been approved by the
Planning Commission and staff. She further stated the request
accommodates a two -lot subdivision where mandatory utility
connection requirement is cost -prohibitive.
Ms. Haley then made a motion, seconded by Mr. Holland, for
the Board to approve Case 17SN0617, subject to the following
condition:
Utility Easements. Any construction plan, final plat or
building permit for the subject parcel shall provide and
dedicate public easements in locations acceptable to the
Utilities Department to accommodate the future extension of
the public wastewater system. Such easements shall be
dedicated prior to plan approval or in conjunction with the
final plat. ( U)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
(AMENDED) In Clover Hill Magisterial District, Sports Frog,
LLC, Waterford Park, 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, outside storage, public
address system, electronic message center signs and brewery
uses, and conditional use planned development to permit boat
sales, model homes and exceptions to ordinance requirements
and amendment of zoning district map on 105.2 acres located
in 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; 731 -691 -Part of 3176; 732-688-0178 and
732-689-5376.
Ms. Peterson presented a summary of Case 16SNO704 and stated
a mixed use development to include recreational, retail,
townhouses and multifamily residential uses is proposed. In
addition, she further stated Tract C is not developed for
townhouses, light industrial uses, such as those allowed in
the Waterford Development, could be constructed on Tract C.
She stated the Planning Commission recommended approval
noting the request complies with the goals and objectives of
the Comprehensive Plan in achieving an appropriate mix of
uses in tandem with area developments; offers a unique
development opportunity that collectively offers commercial,
residential and recreational components with high quality
development standards; promotes area sports tourism; and
provides commitment for transportation improvements beyond
current conditions of zoning. She further stated staff
recommended denial because the proposal fails to comply with
the guidance of the Comprehensive Plan which suggests a mix
of highly concentrated nonresidential uses that serve
regional office, commercial and industrial needs; the
application fails to provide for the appropriate mix of such
uses; the development phasing does not guarantee a sufficient
amount of nonresidential development prior to construction of
residential uses; and there are impacts on the road network,
specifically attributable to the proposed development, that
have not 'been addressed, including increased traffic volume
and safety of the roads.
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Mr. Jack Wilson, representing the applicant, accepted the
recommendation. He expressed his appreciation to Planning
staff, Mr. Winslow and Planning Commissioner Gloria Freye for
their tremendous efforts relative to the case. He noted four
community meetings were held to address citizen concerns.
Mr. Dave Anderson, Senior Land Development Consultant
at Timmons Group, stated the proposal is for a 105 -acre mixed
use commercial development located on a parcel bounded by
Route 288 to the east, Genito Road to the south, Tredegar
Lake Parkway to the north and the Village at Waterford
Development to the west. He further stated at full build out,
the proposed development will consist of 330 apartment units,
360 townhouses, 115,000 square feet of retail, 50,000 square
feet of restaurants, 330,000 square feet of commercial
(business park) and a 40 -acre outdoor adventure park. He then
highlighted the future amenities of the proposed development.
He noted the complexity of the case and the diligent efforts
of all to address issues; high quality development standards;
synergy of the project with River City Sportsplex in
promoting sports tourism; and the project will be an asset to
the county. In closing, he reviewed zoning proffers used to
address phasing, road improvements, density caps for
transportation, study 288 ramp feasibility, reserve ramp of
right-of-way, stormwater retention, public health and cash
proffers.
Mr. Wilson stated goals and objectives of the Comprehensive
Plan as a mixed use project were achieved when considering
the development within the entire area designated for
regional mixed use. In regards to transportation proffers, he
stated some of the proffered road improvements would address
the traffic impact of the proposed residential development in
accordance with the Road Cash Proffer Policy. He further
stated the applicant has provided information regarding the
total impact compared to the total cost of specific proffered
road improvements; a difference of $2,011,825, which staff
agrees to.
In response to Ms. Jaeckle's question, Mr. Wilson stated he
believes the conditions proffered are reasonable under state
law.
Ms. Jaeckle called for public comment.
Ms. Marie Stella, resident of Brandermill, expressed concerns
relative to anticipated traffic generation and access and
overcrowding of area schools.
Ms. Danna Markland, president of the Chesterfield Chamber of
Commerce, urged the Board to approve the request. She
stressed the importance of promoting and supporting sports
tourism, attracting young adult professionals and businesses.
She indicated the project would be exceptional and unique for
the county and region.
Ms. Carolyn Clements, representing the Chesterfield Chamber
of Commerce, urged the Board to approve the request. She
stated the county is losing millennials to the City of
Richmond. She stressed the importance of keeping young,
educated individuals in the county, buying real estate and
stimulating the local economy.
16-812
02/22/17
Mr. Brad Straus, representing East Coast Entertainment,
Chesterfield Chamber of Commerce and the Chesterfield Young
Professionals Committee, strongly urged the Board to approve
the request. He then read a letter in support of the project
from the owner of Steambell Brewery.
Mr. Steve Meadows voiced his support of the proposed request.
He stated the mixed-use development presents the opportunity
to draw people to the area and help stimulate the local
economy.
Mr. Bill Fiege, chairman of the Chesterfield Business
Council, stated the council unanimously approved the request.
He further stated the mixed-use development will offer a
diverse set of activities for families and businesses alike.
There being no one else to address the issue, the public
hearing was closed.
Mr. Wilson noted most of the comments were very favorable of
the proposal.
In response to Mr. Elswick's questions, Mr. Wilson stated
there are existing sidewalks along Genito Road. He further
stated sidewalks within the property will connect internal
and adjacent uses.
Mr. Elswick recommended placing signage noting the Service
District assessment.
In response to Mr. Elswick's question, Mr. Anderson stated
the mixed-use development is the best opportunity for
Chesterfield County. He further stated local businesses
support the request and opening dates are being scheduled.
In response to Mr. Elswick's question, Mr. Wilson stated
development phasing on Tracts D and E will consist of the
following: the main lake, cable ski, rock climbing,
amphitheater, main building, parking, landscape/irrigation
and sidewalks; which needs to be completed before residential
is permitted. He also referred to sidewalks and pedestrian
amenities.
In response to Mr. Holland's question regarding noise levels,
Mr. Wilson stated the Brandermill Community Association
submitted a letter of support of the case. He further stated
there is a proffered condition limiting noise to 55 decimals.
He indicated Mr. Winslow may impose an additional condition
relative to noise.
Mr. Winslow stated since the referral to the Planning
Commission, the case was deferred six times and three
community meetings were held. He further stated with every
deferral, and with every meeting, this case progressed. He
noted community concern settled largely on two issues:
traffic and noise. He noted road improvements that will be
subject to a reasonable transportation phasing plan in
conjunction with the county's Transportation Department. He
stated the applicant is financing an Interchange Modification
Report, a study examining the feasibility of building a
single ramp from Route 288 southbound onto westbound Genito
Road and will reserve the land necessary for such a ramp for
ten years. He further stated the report, combined with the
Board's support should make a ramp application to VDOT and
CTB a strong one. He stated if constructed, it could be a
valuable relief valve for southbound Route 288 traffic in the
immediate years to come and an asset to our transportation
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network in the long run and could also help avoid congestion
on Old Hundred and Charter Colony for those families who
travel those roads to reach their homes farther down Genito
Road. In regards to noise, he stated the applicant altered
the orientation of the outdoor amphitheater toward Route 288
and the Southside Speedway. In addition to the alterations,
he imposed the following condition relative to noise:
"Except as stated herein, outside public address or speaker
systems associated with any musical performance on Tract D
shall not be used between the hours of 11:00 p.m. and 7:30
a.m. Sunday through Thursday, and between 12:00 a.m.
(midnight) and 7:30 a.m. Friday and Saturday. On a maximum of
5 nights per calendar year, such systems shall be permitted
until 1:00 a.m. so long as written notice is received by the
Director of Planning and to the Brandermill Community
Association at least fourteen (14) days prior to any such
night."
He further stated the variety of uses allows for citizens and
their families to live, work, play and shop in one place and
it will become a destination for citizens across Chesterfield
and beyond. He stated the layering of intensities and uses
promotes pedestrian activity, wellness and creates additional
opportunities of success for River City Sportsplex and nearby
supporting businesses. In closing, he thanked Planning
Commissioner Gloria Freye, county staff, the Department of
Health, the Department of Environmental Quality, attraction
industry representatives, Hanover County staff for their
tremendous efforts, as well as the citizens who provided
thoughtful input and to the applicants for their cooperation
and collaboration.
Mr. Winslow then made a motion for the Board to approve Case
16SN0704 and accept the proffered conditions, the amended
textual statement and the imposed condition regardingnoise
restriction.
Mr. Mincks noted the acceptance of the amended proffered
condition, amended textual statement and imposed condition.
He also noted a proffer busting provision which states the
applicant and owner would have to agree to conditions imposed
on them.
The property owners acknowledged their consent to the imposed
condition.
Ms. Haley seconded Mr. Winslow's motion.
Mr. Holland stressed the importance of phasing commercial and
residential uses, the high quality standards of the
development, promotion of sports tourism and the significant
economic impacts to the county and region. He expressed
appreciation to the applicant for addressing traffic and
noise concerns and environmental impacts. He voiced his
support of the request.
Ms. Jaeckle stated Chesterfield County needs to look beyond
the norm and focus on becoming an attractive place for
innovative, young adult professionals. She further stated the
applicant resolved most of the concerns raised by residents
and staff.
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02/22/17
Ms. Jaeckle called for a vote on Mr. Winslow's motion,
seconded by Ms. Haley, for the Board to approve Case
16SN0704, subject to the following condition:
Except as stated herein, outside public address or speaker
systems associated with any musical performance on Tract D
shall not be used between the hours of 11:00 p.m. and 7:30
a.m. Sunday through Thursday, and between 12:00 a.m.
(midnight) and 7:30 a.m. Friday and Saturday. On a maximum
of 5 nights per calendar year, such systems shall be
permitted until 1:00 a.m. so long as written notice is
received by the Director of Planning and the Brandermill
Community Association at least fourteen (14) days prior to
any such night. (P)
And, further, the Board accepted the following proffered
conditions:
The property owner and applicant in this case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended)
and the Zoning Ordinance of Chesterfield County, for
themselves and their successors and assigns, proffer that the
property under consideration ("the Property") will be
developed according to the following proffers if, and only
if, the request submitted herewith is granted with only those
conditions agreed to by the owner and applicant. In the
event this request is denied or approved with conditions not
agreed to by the owner and applicant, the proffers shall
immediately be null and void and of no further force or
effect.
1. Master Plan. The Plan titled "Waterford Water Park
Zoning Uses" prepared by Rummet, Klepper & Kahl, LLP,
dated March 3, 2016, and the Textual Statement last
revised January 27, 2017, shall be considered the Master
Plan. (P)
2. Utilities. Public water and wastewater service will be
used for domestic purposes throughout the development.
Non -potable water wells may be used for outside
recreational and irrigation purposes only. (U)
3. Cash Proffers. Except as outlined in Proffered Condition
4, for each townhouse dwelling unit, the applicant, sub-
divider, or assignee(s) shall pay $9,400 per dwelling
unit to the County of Chesterfield for road improvements
within the service district for the property. Each
payment shall be made prior to the issuance of a building
permit for a dwelling unit unless state law modifies the
timing of the payment. Should Chesterfield County impose
impact fees at any time during the life of the
development that are applicable to the property, the
amount paid in cash proffers shall be in lieu of or
credited toward, but not be in addition to, any impact
fees, in a manner determined by the County. (B&M)
4. Townhouse Phas
A. Until such time as Phase I of the Water Park and
the 20,000 square feet of gross floor area of
Commercial Space, as described in the Textual
Statement, II. F., are Completed, building permits
shall not be released for any townhouse dwelling
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units. Once Phase I and the described Commercial
Space are Completed, building permits may be
released for a maximum cumulative total of 150
townhouse dwelling units ("Initial Townhouse
Units"). The cash proffer as set forth in
Proffered Condition 3 shall be paid for each
townhouse unit until such time as a cumulative
total of 150,000 square feet of gross floor area of
Commercial Space is Committed and Commenced. At
that time, no further cash proffer payments shall
be due on any of the Initial Townhouse Units that
have not been issued a certificate of occupancy.
B. Until such time as the 150,000 square feet of gross
floor area of Commercial Space as set forth in
Proffered Condition 4.A., to include the White
Water Park as described in Proffered Condition 19,
is Completed, building permits for a cumulative
total of more than 150 townhouse dwelling units
shall not be released. After the 150,000 square
feet of gross floor area of Commercial Space is
Completed, building permits for an additional 150
townhouse dwelling units ("Additional Townhouse
Units") may be issued. The cash proffer as set
forth in Proffered Condition 3 shall be paid for
each additional townhouse unit until such time as a
cumulative total of 250,000 square feet of gross
floor area of Commercial Space has been Committed
and Commenced. At that time, no further cash
proffer payments shall be due on any of the
Additional Townhouse Units that have not been
issued a certificate of occupancy.
C. After a cumulative total of 250,000 square feet of
gross floor area of Commercial Space has been
Committed and Commenced, building permits for the
remaining townhouse units permitted on the Property
may be released.
D. For purposes of calculating the square feet of
Commercial Space set forth in Proffered Conditions
4.A and 4.B:
1. A hotel shall count as 2 times the actual
gross floor area of the hotel; and
2. Provided that all components of the white
water park as outlined in Proffered Condition
19 are Completed, the components shall count
41,400 gross square feet toward meeting the
minimum square footage of Commercial Space set
forth in Proffered Conditions 4.A. and 4.B.
E. In conjunction with submission of a building permit
for residential units, documentation shall be
submitted as to the amount of Commercial Space
Completed and/or Committed and Commenced, as
required by this proffer. (B&M, P)
5. Transportation Densities. The maximum density on the
Property shall be 115,000 square feet of retail, 330,000
square feet of business park, 330 apartments, 360
townhomes, 50,000 square feet of restaurants, and a 40 -
acre "Outdoor Adventure Park", or equivalent densities
as approved by the Transportation Department. (T)
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02/22/17
6. Access. Direct vehicular access from the Property to
Genito Road shall be limited to three (3)
entrances/exits; one (1) access shall be permitted on
Tract E (the "Easternmost Access"), one (1) access shall
be Genito Place which generally aligns the existing
crossover on Genito Road (the "Main Access"), and the
third shall be generally located towards the western
property line. The exact locations of these accesses
shall be approved by the Transportation Department.
The Easternmost Access shall only be permitted if: 1)
the completed IMR for the Route 288 Access, as
identified in Proffered Condition 8, indicates that the
Access is infeasible; 2) the Planning Commission
determines that right of way for the Access should not
be reserved, as referenced in Proffered Condition 9; or
3) the required right of way reservation period exceeds
the 10 year time frame, as referenced in Proffered
Condition 9. At the time of site plan review, the
Planning Commission may, if the IMR shows that the Route
288 Access is feasible, permit the Easternmost Access,
subject to reasonable conditions related to its closure,
depending on the anticipated construction schedule of
the Route 288 Access. (T)
7. Road Improvements. The owner/developer shall be
responsible for the following road improvements. The
exact design and length of these road improvements shall
be approved by the Transportation Department:
A. Construction of additional pavement along the
westbound lanes of Genito Road to provide a
separate right turn lane at the Easternmost Access.
B. Construction of additional pavement along the
westbound lanes of Genito Road to provide a
separate right turn lane at the westernmost access.
C. Construction of additional pavement along Genito
Road to provide dual left turn lanes at the
crossover that will serve the Main Access.
D. Construction of additional pavement along the Main
Access to provide a five (5) lane typical section
(i.e., three (3) southbound lanes and two (2)
northbound lanes) at its intersection with Genito
Road.
E. Full cost of traffic signalization at the Main
Access/Genito Road/Kelly Green Drive intersection,
if warranted, as determined by the Transportation
Department.
F. Construction of a two (2) lane road from Genito
Place to Tredegar Lake Parkway.
G. Construction of additional pavement along the
westbound lanes of Genito Road at the Charter
Colony Parkway/Old Hundred Road/Genito Road
intersection to provide dual right turn lanes from
westbound Genito Road to northbound Charter Colony
Parkway.
H. Full cost of traffic signal modification at the
Charter Colony Parkway/Old Hundred Road/Genito Road
intersection, if warranted, as determined by the
Transportation Department.
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I. Construction of additional pavement along Charter
Colony Parkway to provide a southbound approach
that provides dual left turn lanes at the crossover
that serves the Charter Colony Parkway/Tredegar
Lake Parkway/Colony Crossing Place intersection.
J. Construction of
Lake Parkway to
provides a three
right turn lane,
left turn lane)
Colony Parkway.
additional pavement along Tredegar
provide a westbound approach that
(3) lane typical section (i.e., a
a thru/left lane and a separate
at its intersection with Charter
K. Full cost of traffic signal modification at the
Tredegar Lake Parkway/Colony Crossing Place/Charter
Colony Parkway intersection, if warranted, as
determined by the Transportation Department.
L. 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 the "off-site" right-of-way that is
necessary for the road improvements described
above, the developer may request, in writing, that
the county acquire such right-of-way as a public
road improvement. All costs associated with the
acquisition of the right-of-way shall be borne by
the developer. In the event the county chooses not
to assist the developer in acquisition of the "off-
site" right-of-way, the developer shall be relieved
of the obligation to acquire the "off-site" right-
of-way and shall provide the road improvements
within available right-of-way, as determined by the
Transportation Department. (T)
8. Route 288 Interchange Modification Report. Prior to any
site plan approval, an Interchange Modification Report
(IMR) to determine the feasibility for potential
vehicular access from southbound Route 288 to westbound
Genito Road (the "Route 288 Access") shall be completed
and submitted to the Transportation Department. The IMR
shall include information deemed necessary by the
Transportation Department. (T)
9. Reservation of 288 Access Right of Way. If the Route
288 Access is deemed feasible based on the completed
IMR, the right-of-way for the Access shall be reserved
unless otherwise determined by the Planning Commission.
Such determination shall be based upon, but not limited
to, whether the Access would adversely affect economic
development, the construction cost estimate outweighs
the benefit, or funding may not be available within the
foreseeable future. Any right-of-way that the Planning
Commission determines should be reserved shall be
identified on the initial site plan (the "Initial Site
Plan") for any development within Tracts D or E. Such
right of way shall be reserved for a period of 10 years
from the approval date of the Initial Site Plan. Within
the 10 year time frame, upon request by the county, the
reserved right -of way shall be dedicated free and
unrestricted, to and for the benefit of, Chesterfield
County. (T)
16-818
02/22/17
10. Transportation Phasing Plan. Prior to any site plan
approval, a phasing plan for the required road
improvements, as identified in Proffered Condition 7,
shall be submitted to and approved by the Transportation
Department. (T)
11. Post Development Discharge Rates. For the portion of
the property which drains to the existing culverts under
Genito Road, the post -development discharge rates for
the 2-, 10-, 25- and 100 -year storms shall be maintained
under pre -development discharge rates. (EE)
12. Post Development Discharge Rates. For the portion of
the property which drains to Tax ID 730-689-7839, the
maximum post -development discharge rate for the 100 -year
storm shall be based on the minimum capacity of the
existing facilities downstream, and the recorded 100 -
year backwater and/or floodplain shall not be
increased. On-site detention of the post -development
discharge rate for the 100 -year storm to below the pre -
development discharge rate may be provided to satisfy
this requirement. (EE)
13. Main Lake Impact Analysis. Prior to final site plan
approval of the proposed lake(s) set forth in the
Textual Statement, II. F.1. as part of Phase I of the
Water Park, additional geotechnical information,
profiles, and cross sections of the proposed lake and
embankment within the Route 288 right-of-way and the
proposed ramp area as described in Proffered Condition 9
shall be submitted to the Environmental Engineering
Department and VDOT for review and approval to verify
that the integrity of the existing infrastructure will
not be impacted by the proposed lake. (EE)
14. Dam Failure Analysis. Prior to site plan approval for
the Main Lake, a dam failure and inundation analysis for
the proposed lake shall be submitted to the
Environmental Engineering Department for review and
approval. (EE)
15. Virginia Dam Safety Regulations. If an improvement is
subject to Virginia Dam Safety Regulations, all required
permits shall be obtained prior to issuance of a land
disturbance permit for the improvement. (EE)
16. Stormwater Treatment. Prior to being used as
Recreational Waters, stormwater from all disturbed
areas, unless otherwise approved by the Department of
Environmental Engineering, shall be treated for water
quality in compliance with state and local stormwater
regulations. The Recreational Waters may be used to
address stormwater quantity compliance. All stormwater
facilities shall be reviewed and approved during the
site plan process. (EE)
17. Use of Public Water. The primary source of water for
Recreational Waters shall be from groundwater wells or
storm water. Recreational Waters and any of its
treatment backwash by-product shall not be discharged
into the public wastewater system. The Recreational
Waters may be supplemented with public water in which
case the use shall not be classified as a water
dependent customer and the maximum withdrawal rate could
be limited as conditions dictate such as during
mandatory and emergency public water use restrictions.
(U)
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18. Public Health. The applicants shall develop and comply
with a standard operating procedure ("SOP") that
establishes the design of the facilities, pre-treatment
level of the water, operating treatments, monitoring
protocols for the Main Lake, and public reporting
requirements for the Recreational Waters. This SOP
shall be approved by the Health Department. In addition,
the Department of Environmental Engineering shall
approve the SOP for compliance with all applicable
environmental regulations. Applicant must obtain both
approvals prior to final plan approval for the Main
Lake. The SOP shall be reviewed, modified, if necessary,
and approved annually by the Health Department in order
to adequately address and respond to health requirements
and policies relating to healthy organism and nutrient
levels in the Main Lake, and any other issues of public
health and safety relating to the quality of the water
in the Recreational Waters. In addition, the Department
of Environmental Engineering shall review and modify, if
necessary, the SOP annually for the purpose of ensuring
compliance with all applicable environmental
regulations. The SOP shall include the following minimum
standards; however, such standards shall automatically
be modified to adopt any state law or regulation that
imposes a more stringent standard:
A. The Main Lake shall meet the minimum health
standards generally described in the Code of
Virginia and Virginia Health Department regulations
for man-made lakes and Recreational Waters.
B. The Main Lake shall be free from substances
attributable to sewage, industrial waste, or other
waste concentrations, amounts, or combinations
which contravene established health standards or
interfere directly or indirectly with designated
uses of such water or which are inimical or harmful
to human, animal, plant, or aquatic life.
C. The design and pretreatment of the Main Lake shall
be made in such a way as to achieve the criteria
for surface water as defined in Virginia Code 9
VAC25-260-140, Use Designation, Human Health, All
Other Surface Waters.
D. The design and operation of the Main Lake shall be
made in such a way as to achieve dissolved oxygen
levels at a minimum of 4 mg/l throughout the entire
water column and a pH level between 6.0-9.0.
E. Monitoring of the Main Lake shall include testing
conducted at least every 7 days by an independent
laboratory or testing facility certified in the
Commonwealth of Virginia and approved by the Health
Department. Such testing shall occur whenever the
Main Lake is open for use by the public. The
testing shall begin two weeks prior to the opening
of the Main Lake and continue through the end of
the season every year. Tests shall include those
necessary to prove compliance with the standards in
paragraph F, below. Additionally, the Health
Department shall have the right to test the Main
Lake at any time it is open to the public. Location
of the testing shall be conducted in an area or
areas of most probable public contact.
F. The Main Lake shall meet the following standards:
i. E. Coli shall not exceed a monthly geometric
mean of 126 CFU/100 ml.
16-820
02/22/17
ii. No more than 100 of the total samples in the
assessment period shall exceed 235 E. coli
CFU/100 ml.
iii. E. Coli shall not exceed a single sample of
235 CFU/100 ml.
iv. pH levels shall remain between 6.0 and 9.0.
V. Percent Light Through Water shall be at a I
level of 220 or greater.
vi. Chlorophyll levels shall be less than 35 pg/L.
vii. Total Phosphorus levels shall be less than 40
pg/L.
G. Main Lake water quality results shall be posted
electronically on any publicly available electronic
media used by or to promote the business, as well
as in prominent locations at the Main Lake wherever
customer service activity occurs or customers are
directed to access the water. The posting shall
include the date, time and location of sampling as
well as the results.
H. In addition, warnings about the Naegleria fowleri's
ability to inhabit the Recreational Waters and the
risks associated with these protozoa shall be
posted on signs approved by the Health Department
in prominent locations on the property.
I. Nose clips shall be made available to anyone
entering the Recreational Waters.
J. If the Health Department believes, in its
professional opinion, that the public's health,
safety or welfare are threatened by the quality of
the water in the Recreational Waters, the
applicants agree to permit the Health Department to
post conspicuous warnings of any danger in
prominent locations on the property. (H)
19. The white water park constructed and operated on the
property shall meet the minimum Olympic standards of 250
meters, 1.501 slope, and 12 m3/s (420 cu ft/s) stream
flow. The components of the white water park shall
contain at a minimum:
a. Boat lift
b. Pump facility
C. Control room- 200 gross square feet of floor area
d. Training center -500 gross square feet of floor
area
e. Employee center -1,200 gross square feet of floor
area
f. Operations center -2,000 gross square feet of floor
area
g. Boat and supply storage -3,000 gross square feet of
floor area. This facility shall not be the Boat
Sales and Storage permitted on Tract D as provided
for in Paragraph VII.A.5 of the Textual Statement.
(P&H)
20. Recreational Waters other than the Main Lake shall be
designed and constructed in such a manner as to subject
them to regulation as public swimming pools under the
Virginia Department of Health regulations and shall be
filtered and maintained to prevent infiltration of soils
into the water. (H)
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21. The applicant agrees that it will close and prohibit
access by the public to the Recreational Waters if the
Health Department believes, in its professional opinion,
that the public's health, safety and welfare are
threatened by the quality of the Recreational Waters.
(H)
22. The Main Lake and Recreational Waters (exclusive of the
Main Lake) shall be separate and distinct systems and
the waters of the two systems shall not be commingled,
unless otherwise approved by the Department of
Environmental Engineering. (H & EE)
23. Prior to final site plan approval for the Main Lake or
other Recreational Waters, staff shall provide a copy of
the SOP outlined in Proffered Condition 18 to the
Planning Commission. In addition, staff shall report to
the Planning Commission that the engineered design
complies with all county, state and federal
environmental and health laws as well as the related
Proffered Conditions of this case. (P & H)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
17. PUBLIC HEARINGS
17.A. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF RIGHT-OF-WAY AND EASEMENTS FOR THE
LUCKS LANE (EAST EVERGREEN PARKWAY TO ROUTE 288)
PROJECT
Mr. Smith stated this date and time has been advertised for
the Board to consider the exercise of eminent domain for the
acquisition of right-of-way and easements for the Lucks Lane
(East Evergreen Parkway to Route 288) Widening Project. He
further stated the county's right-of-way acquisition
consultant has been successful in acquiring right-of-way and
easements from 14 property owners. He stated the county's
consultant has been unable to reach agreement with one
property owner.
In response to Mr. Winslow's question, Mr. Smith stated the
property owner who has not agreed to the proposition is
concerned about the impact on her business.
In response to Ms. Jaeckle's question, Mr. Smith referred to
the map to illustrate the entrance of the business. He stated
sidewalks will be constructed along East Evergreen Parkway,
as well as guardrail in front of the daycare center.
Ms. Jaeckle 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. Haley, the Board
authorized the exercise of eminent domain on the following
parcel, M & K, LLC, 1211 Walton Bluff Parkway, GPIN
7346966514, including the filing of a certificate of deposit,
for the acquisition of right-of-way and easements for the
Lucks Lane (East Evergreen Parkway to Route 288) Widening
Project.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
16-822
02/22/17
17.B. TO CONSIDER THE CONVEYANCE OF AN EASEMENT TO VIRGINIA
ELECTRIC AND POWER COMPANY FOR DOMINION VIRGINIA
POWER'S STRATEGIC UNDERGROUND PROGRAM ON BETHIA ROAD
Mr. Harmon stated this date and time has been advertised for
the Board to consider the conveyance of an easement to
Virginia Electric and Power Company for Dominion Virginia
Power's Strategic underground program on Bethia Road.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
Mr. Elswick requested information relative to the impact of
Virginia Power's Underground Program on the Winterpock Road
Project.
Mr. Elswick then made a motion, seconded by Mr. Holland, for
the Board to authorize the Chairman of the Board of
Supervisors and the County Administrator to execute an
agreement with Virginia Electric and Power Company for a 15 -
foot underground easement for Dominion Virginia Power's
Strategic Underground Program at 8701 Bethia Road.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
17.C. TO CONSIDER DECLARING A PORTION OF A PARCEL OF COUNTY
PROPERTY ON EAST RIVER ROAD SURPLUS AND AUTHORIZING
THE CONVEYANCE OF THE PARCEL
Mr. Harmon stated this date and time has been advertised for
the Board to consider declaring a portion of a parcel of
county property on East River Road surplus and authorizing
the conveyance of the parcel.
Ms. Jaeckle 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
declared a portion of parcel number 796 613 0431 00000
surplus; authorized the conveyance of the portion of the
parcel to The Visitors of Virginia State University and
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute the deed.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining manufactured home permits or zoning
requests at this time.
19. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
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20. ADJOURNMENT
On motion of Ms. Haley, seconded by Mr. Holland, the Board
adjourned at 9:03 p.m. to March 15th for a budget work session
at noon in Room 502. (It is noted that the evening session on
March 15th will begin at 6:30 p.m. due to the length of the
afternoon work session).
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
`J &t7
&*- (? )QZt
Josp Casey Dorot A. aeckle
County Administrator Chair
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