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2021-08-25 MinutesBOARD OF SUPERVISORS MINUTES August 25, 2021 Supervisors in Attendance: Mr. James M. Holland, Chair l_r' Mr. Christopher M. Winslow, Vice Chair Mr. Kevin P. Carroll Ms. Leslie A. T. Haley Dr. Joseph P. Casey County Administrator Mr. Holland called the meeting to order at 2:00 p.m. He reviewed the protocols for facial coverings and spatial distancing. 1. APPROVAL OF MINUTES On motion of Ms. Haley, seconded by Mr. Winslow, the Board of Supervisors approved the minutes of July 28, 2021, as submitted. Ayes: Holland, Winslow, and Haley. Nays: None. Absent: Ingle and Carroll. 2. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Winslow, seconded by Ms. Haley, the Board moved Item 10.B. COVID-19 Update from County Administration Update to Item 3 Work Sessions; removed Item 12.B. Resolution Recognizing Corporal Lawrence W. "Watt" Russell, Police Department, Upon His Retirement; and moved Item 13.B.9. Policy Allowing Remote Participation by Board Members at Board Meetings to the next item, and approved the agenda, as amended. Ayes: Holland, Winslow, and Haley. Nays: None. Absent: Ingle and Carroll. 13.8.9. POLICY ALLOWING REMOTE PARTICIPATION BY BOARD MEMBERS AT BOARD MEETINGS Mr. Jeff Mincks, County Attorney, stated the policy would establish a procedure under the Freedom of Information Act (FOIA) to allow Board members to participate in meetings remotely under certain limited circumstances. He further stated Mr. Carroll made a request to participate in today's meeting remotely, but the policy needed to be adopted before his request could be granted. 21-481 8/25/2021 On motion of Ms. Haley, seconded by Mr. Winslow, the Board adopted a policy allowing Board members to participate remotely at Board meetings subject to the requirements of the Virginia Freedom of Information Act (FOIA). (It is noted a copy of the policy is filed with the papers of this Board.) Ayes: Holland, Winslow, and Haley. Nays: None. Absent: Ingle and Carroll. J Mr. Holland stated Mr. Carroll requested to participate in the meeting remotely from his home due to a medical condition preventing his physical attendance. He granted Mr. Carroll's request and directed staff to connect Mr. Carroll to the meeting. (It is noted a quorum of the Board was physically assembled in the Public Meeting Room.) Mr. Carroll joined the meeting and thanked Board members for adopting the policy allowing him to participate remotely. 3. WORE SESSIONS 3.A. EVERYDAY EXCELLENCE - FIRE & EMS Chesterfield Fire and EMS (CFEMS) Chief Loy Senter introduced Firefighter Jared Brooks and provided details of his career which began at the age of 16 as a volunteer with the Hadensville Fire -Rescue Department in his hometown of Goochland County. He stated on March 10, 2021, Firefighter Brooks' volunteer fire company was alerted to a motor vehicle accident involving an overturned vehicle on fire with passengers trapped inside. He further stated Firefighter Brooks was much closer to the scene than the fire station, so he responded directly to the scene. He stated Firefighter Brooks, without hesitation or the benefit of protective equipment, reached into the car, disentangled the patient, and pulled the patient to safety, thereby saving the patient's life. He further stated Firefighter Brooks received burns to his hand in the process. He stated on August 3, 2021, Firefighter Brooks was presented with a Lifesave Award by the Goochland County Board of Supervisors. He further stated Goochland Fire Chief Eddie Ferguson intends to nominate Firefighter Brooks for a Valor Award from the Richmond Retail Merchants Association at the upcoming event in December. He stated working and volunteering in fire and rescue is a Brooks family affair. He presented Firefighter Brooks with a Fire Chief's Coin for going above and beyond the call of duty in service to others. Board members praised Firefighter Brooks for his quick actions to save a life and expressed pride in having him as a member of CFEMS. Firefighter Brooks thanked Board members for the recognition. 21-482 8/25/2021 3.8. COVID-19 UPDATE Dr. James Worsley, Deputy County Administrator, provided the Board with an update on COVID-19 and the status of the county's workforce. He provided details of additional work models which have been adopted to allow departments to stagger and rotate work schedules and employees, thereby maintaining appropriate spatial distancing to reduce the spread of COVID-19 in the workplace. He stated the county adopted an official Remote Work Policy effective July 1, 2021, which allows departments to provide seamless customer service while meeting the safety needs of the workforce. He further stated the Employee Medical Center (EMC) continues to provide COVID-19 testing and treatment, return -to -work clearances, and monitoring in anticipation of a continued spike in positive cases. With regard to vaccinations, he stated the EMC continues to hold initial vaccination clinics for employees; the EMC is adding clinics to administer third doses to immunocompromised employees; the EMC is proactively planning for possible booster doses for the general workforce; and the EMC is partnering with Schools' nursing staff to take care of Schools' workforce. He discussed Dr. Casey's recent employee guidance relative to the wearing of masks, the use of spatially distanced work areas or physical barriers, and teleworking. He stated employees are still required to perform a daily health assessment and be aware of any symptoms which would require them to avoid the workplace and seek a COVID-19 test. He further stated public safety departments, other 24-hour operations, and certain public -facing services continue to work with Risk Management to determine the best manner in which to incorporate these work safety practices and daily protocols. He stated accommodations are made as appropriate for customers and employees. He further stated information can be obtained on the county's website at Chesterfield.gov/COVID. He then introduced Dr. Alexander Samuel, Director of the Chesterfield Health District (CHD), to provide the Board with a community update. 21-483 8/25/2021 Dr. Samuel provided the Board with current statistics and trends. He stated daily case counts have been trending upward at a fairly steep pace since early July. He further stated the team of epidemiologists has been opening between 140 and 170 new cases per day over the past week. He stated even though the number of new cases has been striking, the hospitalization and death rates are still low and will need continued monitoring since these two indicators lag behind case rates by several weeks. He discussed the concept of community transmission and stated at the end of July the county officially achieved the designation of having a high level of community transmission after crossing the threshold value of having greater than 100 new cases per 100,000 persons for a seven-day period. He further stated on July 27, 2021, the Centers for Disease Control and Prevention (CDC) recommended universal masking in indoor public spaces regardless of LI vaccination status in areas with substantial or high community transmission due to increases in cases largely attributable to the Delta variant of the virus. He provided the Board with an explanation of variants which can create an increased strain on health care resources, lead to more hospitalizations, and potentially result in more deaths. He provided details of the Delta variant, noting it is more transmissible, outcomes may 21-483 8/25/2021 be more severe for the unvaccinated, and evidence suggests the vaccinated can transmit it. He provided a chart of Infections by Week of Symptom Onset beginning in January of 2021 and explained that, early on, the Alpha variant was predominant, but it has since been taken over by the Delta variant. He stated the Delta variant is by far and away the most common, and one CDC model estimates it accounts for 98 percent of the circulating strains in the Mid -Atlantic region earlier in the month. He provided a chart of Virginia infection rates by vaccination status (fully vaccinated, partially vaccinated, or unvaccinated) starting in early 2021 through early August and stated unvaccinated individuals developed COVID-19 at a rate 12.5 times higher than fully vaccinated individuals and 2.5 times higher than partially vaccinated individuals. He then provided a chart of breakthrough cases occurring in fully vaccinated individuals starting in mid-January through early August. He stated even though vaccine breakthrough is occurring in fully vaccinated individuals, the proportion is small relative to the total number of people who are fully vaccinated in the state. He further stated in most cases, people with breakthrough infections have either no symptoms or mild symptoms and, most importantly, fully vaccinated people are well protected against hospitalization and death. In response to Ms. Haley's question relative to capturing data on fully vaccinated individuals who have a breakthrough infection, Dr. Samuel stated it is entirely dependent on having the tests and the results available. He further stated there probably is a population they are unable to accurately record in terms of breakthrough infections because the symptoms are so mild. He then provided details of the Rockwood Vaccination Center and community outreach and data driven initiatives. In response to Mr. Winslow's question relative to whether there has been an increase in vaccinations since the Pfizer vaccine recently received Food and Drug Administration (FDA) approval, Dr. Samuel stated they are hopeful, but he could not answer the question yet. Dr. Samuel then provided the Board with recent updates on the vaccine. He stated pending final authorization from the FDA and other federal bodies, it is expected anyone who has received two doses of an mRNA vaccine will be eligible to receive a booster dose due to evidence of waning immunity, particularly against mild to moderate illness. He further stated individuals would be eligible to receive the booster dose at least eight months after receiving their second Pfizer or Moderna vaccine, and boosters are expected to be available in Virginia the week of September 20, 2021. He stated a third dose of the vaccine has been recommended for immunocompromised individuals at least 28 days after receiving their second dose of the Pfizer or Moderna vaccines. He further stated on August 23, 2021, the FDA granted full licensure of the Pfizer vaccine for those 16 years of age and older, and it will be marketed under the brand name Comirnaty. He stated there is a very strong COVID-19 vaccine delivery network in the CHD, and they expect it will be able to handle the rolling demand among those seeking a booster dose. He further stated the CHD has a strong, collaborative relationship with the county, and they have already begun the appropriate touchpoints to jointly monitor 21-484 8/25/2021 the situation and develop plans of action and course correction when required. In response to Mr. Winslow's question relative to the timeline for vaccinations for children, Dr. Samuel stated Pfizer has announced it has compelling data to indicate they have a dose that will have effectiveness in the 5- to 11 -year-old age range pending federal approval. He further stated it is his understanding the data will be made available toward the end of September and then the approval process has to be engaged. He stated he does not have any indication when the vaccines would be available, as that is up to the federal government to decide. In response to Mr. Winslow's question relative to the spread of the Delta variant, Dr. Samuel stated transmission is being seen in congregate settings, but they are also seeing individuals who have no idea how they got the virus which is a hallmark of a very highly transmissible virus. He further stated they are continuing to monitor that situation. In response to Mr. Carroll's question relative to the number of Delta variant tests being conducted, Dr. Samuel provided an explanation of surveillance testing, which is the taking of samples of positive tests going through the state lab to determine the nature of the variant, and he discussed the difficulties of determining the prevalence of a particular variant at the local level. Chief Senter reviewed the county's COVID-19 dashboard. He stated the county is at 97.56 percent of its goal of having 75 percent of the eligible population vaccinated with at least Le one dose. He provided charts showing demographics of vaccinated individuals and Cases, Hospitalizations, Deaths by Health District. He stated local hospitals are seeing an increase in COVID-19 patients and patients with a higher need for nursing intensity for conditions other than COVID-19. He further stated those factors, coupled with a severe staffing shortage among nurses, are driving hospitals to be overwhelmed and to divert ambulances to other hospitals. He strongly encouraged unvaccinated individuals to get the vaccine because that is the best bet to prevent serious illness, death, and infecting loved ones. Ms. Haley stated the statistics are scary. She expressed appreciation for the update and encouraged staff to let the Board know if there is anything it can do to assist. Mr. Holland also expressed appreciation for the presentation and encouraged the public to wear masks and get the vaccine. 3.C. APPOMATTOX RIVER WATER AUTHORITY AND SOUTH CENTRAL WASTEWATER AUTHORITY UPDATES Mr. Robert Wilson, Executive Director of the Appomattox River Water Authority (ARWA) and South Central Wastewater Authority (SCWWA), provided the Board with his background and experience in the utilities industry. He provided details of ARWA's organization structure, operations, statistics and withdrawal 21-485 8/25/2021 permits, production, budget, and upcoming challenges. He stated one of the challenges is future staffing, noting the plants require Class 1 Operators around the clock. He then provided details of SCWWA's organization structure. He stated each member locality has a percentage of ownership in the plant, with the county owning 10 percent. He further stated the percent ownership in the plant dictates each member locality's portion of a capital project. He stated the current project of note is the Nutrient Project which has an estimated project cost of $112. He further stated SCWWA was successful 3 in securing an $82 million grant, so the local share of the J project would be $30 million. He stated the estimated debt service for the local share portion of the Nutrient Project is built into the current rate structure, and the county's annual share would be $250,000. He reviewed the upcoming challenges for SCWWA. In response to Mr. Winslow's question relative to staffing challenges due to COVID-19, Mr. Wilson stated there have not been any challenges due to COVID-19; however, there have been challenges due to attrition and the inability to find people who want to do that type of work. In response to Mr. Winslow's question relative to utilizing the county's career and technical centers to provide the necessary training for those positions, Mr. Wilson stated the Class 1 License requires a General Educational Development (GED) diploma and three years of training. Mr. Winslow stated this would be a good opportunity for the county and Schools to assist in creating a pipeline for these \ careers. J Mr. Wilson discussed speaking and apprenticeship opportunities. Ms. Haley stated in light of the current labor shortage, the answer has to be creating the pipeline and partnership now. She further stated the county is very fortunate to have multiple water sources and the authorities to manage them. Mr. Holland stated it is evident the county needs a connection with the director of career and technical education (CTE) to ensure information is disseminated regarding future opportunities. In response to Mr. Carroll's question relative to the status of raising of the dam, Mr. Wilson stated the grant has been released but it has been taken off the table for now because requirements are being met. Dr. Casey discussed the benefit of having Lake Chesdin as not only a water supply but also a recreational amenity and the implications of raising the dam. J 3.D. CONSENT AGENDA HIGHLIGHTS Mr. Matt Harris, Deputy County Administrator, provided the Board with an overview of various agenda items on the Consent 21-486 8/25/2021 Agenda. He provided details of Item 13.B.2.c.3. - Award and Execute Construction Contract and Approve All Potential Change Orders for Midlothian Village Park Additional Parking and Item 13.B.2.c.2. - Award and Execute Construction Contract and Approve all Potential Change Orders for Horner Park Irrigation - Project 3. He also provided details of Item 13.B.8. - Authorize the County Administrator to Execute a Health Care Contract with Anthem Blue Cross and Blue Shield and Renew the Dental Contract with Delta Dental of Virginia for 2022, and to Transfer Related Savings to the Health Care Fund. He stated there would be no increase in employee or employer premiums for both the county and Schools, nor would there be a change in the benefit structure. He further stated the anticipated cost of the overall contract would be reduced by approximately $4 million which would be retained within the health care fund to buy down future rate increases. He discussed Item 13.B.10.a. regarding the setting of a public hearing to consider the Commonwealth Center Bike/Pedestrian Trail Transportation Alternatives Program (TAP) project. He also discussed Item 13.B.3. - Appropriate Funds and Award a Construction Contract for Clover Hill School Area Pedestrian Improvements Project which will involve construction of approximately 2,600 feet of sidewalks and trails connecting the Brandermill community, Swift Creek Middle School, and Clover Hill High School to the existing sidewalk and trail facilities in the area. Lastly, he provided details of Item 13.B.10.c. setting a public hearing to consider the acceleration of some Schools' capital facilities projects. 4. REPORTS There were no Reports at this time. 5. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. On motion of Mr. Winslow, seconded by Ms. Haley, the Board voted to recess to Room 502 for a Closed Session. Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 21-487 8/25/2021 6. CLOSED SESSION 6.A. ANNOUNCEMENT HAS BEEN MADE OF THE INDUSTRIES' INTEREST IN LOCATING IN THE COUNTY; AND 2) PURSUANT TO 2.2-3711(A)(1), CODE OF VIRGINIA, 1950, AS AMENDED, RELATING TO THE PERFORMANCE OF THE CLERK TO THE BOARD AND THE COUNTY ATTORNEY On motion of Ms. Haley, seconded by Mr. Winslow, the Board went into closed session pursuant to Section 2.2-3711(A)(5), Code of Virginia, 1950, as amended, to discuss prospective industries locating in the county where no previous announcement has been made of the industries' interest in locating in the county; and 2) pursuant to 2.2-3711(A)(1), Code of Virginia, 1950, as amended, relating to the performance of the Clerk to the Board and the County Attorney. Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. Reconvening: On motion of Ms. Haley, seconded by Mr. Winslow, 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. Carroll: Aye. Ms. Haley: Aye. Mr. Winslow: Aye. Mr. Holland: Aye. 21-488 8/25/2021 7. DINNER on motion of Ms. Haley, seconded by Mr. Winslow, the Board recessed for dinner. Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. Reconvening: Mr. Holland reviewed the protocols for facial coverings and spatial distancing. He stated all Board members have received copies of citizen comments posted to the online portal. (It is noted citizen comments received through the online portal are attached as Attachment A.) He further stated Mr. Carroll would be participating in the meeting virtually. He then read the following statement from Mr. Ingle regarding his absence: -1 regret that I am unable to attend tonight's Board meeting, but I am having some medical tests being performed today. I have been through the entire agenda, and if any comments to offer, I have passed them on to other Board members to speak on my behalf." 8. INVOCATION 9. PLEDGE OF ALLEGIANCE Mr. Matt Harris, Deputy County Administrator, led the Pledge of Allegiance to the Flag of the United States of America. 10. COUNTY ADMINISTRATION UPDATE 10.A. IST DIGITAL AWARD Dr. Casey stated each year the county is recognized in the top 10 nationally for being a digitally friendly county. He announced this year the county ranked second in its population tier. He recognized Mr. Barry Condrey, Chief Information Officer, and his team for the many successful initiatives which keep the county perennially ranked in the top 10. 10.8. FORBES BEST EMPLOYER Dr. Casey announced the Chesterfield County government and school system both made the Forbes Best Employer list for 2021. 21-489 8/25/2021 The Honorable Leslie Haley, Midlothian District Supervisor, gave the invocation. 9. PLEDGE OF ALLEGIANCE Mr. Matt Harris, Deputy County Administrator, led the Pledge of Allegiance to the Flag of the United States of America. 10. COUNTY ADMINISTRATION UPDATE 10.A. IST DIGITAL AWARD Dr. Casey stated each year the county is recognized in the top 10 nationally for being a digitally friendly county. He announced this year the county ranked second in its population tier. He recognized Mr. Barry Condrey, Chief Information Officer, and his team for the many successful initiatives which keep the county perennially ranked in the top 10. 10.8. FORBES BEST EMPLOYER Dr. Casey announced the Chesterfield County government and school system both made the Forbes Best Employer list for 2021. 21-489 8/25/2021 10.C. GIRLS SOFTBALL WORLD SERIES TEAM RECOGNITION Dr. Casey announced the Chesterfield Little League Softball Team finished second in the national World Series. He provided details of a welcome reception hosted by the county to recognize the team. 10.D. OTHER COUNTY ADMINISTRATION UPDATES • Dr. Casey announced the Sheriff's Office, in conjunction with General Services, is conducting vehicle maintenance training classes which will allow inmates to seek work in vehicle maintenance businesses upon their release. He stated this is one of many programs the Sheriff has started over the years, noting one inmate recently left the jail and started a forklift job the next day. • Dr. Casey announced National Dog Day is August 26, 2021 and encouraged dog owners to visit the many dog -friendly establishments in the county to receive goodies for their dogs. • Dr. Casey thanked Dr. Samuel, Dr. Worsley, and Chief Senter for their COVID-19 updates during the afternoon work session. He encouraged the public to view the presentation, which is given from the Chesterfield perspective, on the county's YouTube page beginning Friday, August 27, 2021. 11. BOARD MEMBER REPORTS Mr. Winslow read the following proclamation: PROCLAMATION Recognizing Chesterfield County Board of Supervisors, Chesterfield County Police Department, Chesterfield County Sheriff's Department and Chesterfield County Fire & EMS August 23, 2021 WHEREAS, Petty Officer Caroline Schollaert, Powhatan native and high school graduate was an active member for the United States Coast Guard, stationed in Jacksonville, Florida and achieved the rank of aviation [maintenance technician] for Helicopter Interdiction Tactical Squadron (HITRON). She tragically lost her life on Tuesday, August 3, 2021. WHEREAS, on August 11, 2021, Chesterfield County staff and citizens held a homecoming for the fallen Coast Guard Member. During this homecoming, the staff and citizens of Chesterfield County greeted the plane and United States Coast Guard Members who were there for the [dignified] transfer of Petty Officer Caroline Schollaert. 21-490 8/25/2021 WHEREAS, the two mile long procession leading to her hometown of Powhatan County was a total of twenty six and a half miles and consisted of members from Chesterfield County Police, Sheriff, and Fire & EMS, Richmond City Police Department, Virginia State Police and Powhatan County Sheriffs Office and Fire & Rescue. NOW, THEREFORE, BE IT PROCLAIMED the Powhatan County Board of Supervisors and staff does hereby LW express its deepest appreciation for honoring the life of Petty Officer Caroline Schollaert. We are proud to share this community partnership and we say thank you to the exceptional people of Powhatan County, Chesterfield County, and the City of Richmond. We are grateful for the strength of our community. ADOPTED BY THE POWHATAN COUNTY BOARD OF SUPERVISORS ON AUGUST 23, 2021. Mr. Winslow announced comments are being solicited from the public for the Genito/288 Special Focus Area Plan which deals with design, infrastructure, and placemaking opportunities for the area encompassing Southside Speedway, River City Sportsplex, The Lake project, and farther down next to Mid - Atlantic Steel. He encouraged the public to complete the questionnaire at wwwchesterfield.gov/genito288 which will be available until 5:00 p.m. on Tuesday, September 7, 2021. Lastly, he acknowledged the many phone calls and emails received relative to school transportation issues during the first week of school. He stated the county is actively working with the Police Department, members of the School Board, and respective staffs to develop a solution. He empathized with parents and encouraged the public to submit ideas. Mr. Holland concurred and stated the Board is working with the School Board and staff on the issue. 12. RESOLUTIONS AND SPECIAL RECOGNITIONS 12.A. RECOGNITION OF 2021 NATIONAL ASSOCIATION OF COUNTIES (NACO) AND VIRGINIA ASSOCIATION OF COUNTIES (VACO) ACHIEVEMENT AWARD WINNERS Dr. Casey announced Chesterfield County is the recipient of numerous Achievement Awards from the National Association of Counties (NACo) this year for innovative programs and services. He stated the awards will be brought to the Board in the future through work sessions or departmental recognitions. He then introduced Mr. Dean Lynch, Executive Director for VACc, to present the 2021 VACo Achievement Awards, including one Best Large County Achievement Award. Mr. Lynch provided statistics of past awards and stated Chesterfield County has won awards 39 times, including the following four awards this year: 21-491 8/25/2021 BEST LARGE COUNTY ACHIEVEMENT AWARD Learning and Performance Center Tamara Highsmith, Strategy and Innovation Bootcamp Performance Coordinator County Administration Matt Harris, Deputy County Administrator Information Systems Technology Lauren Henry, eGovernment Services Content Analyst Learning and Performance Center Tamara Highsmith, Strategy and Performance Coordinator StratIS: Delivering Creative Cloud Solutions Through Strategic Information Sharing ChesterBot - A Successful Collaboration of Communication and Technology Labor Redeployment Mr. Holland stated it is remarkable that Chesterfield stands alone in those categories and credited staff for their innovation and hard work. Mr. Lynch then asked to recognize Ms. Mary Ann Curtin, Director of Intergovernmental Relations, upon her retirement. He read the following resolution adopted by VACo: Mary Ann Curtin will retire from Chesterfield County in the fall of 2021 after many years of distinguished service; Whereas, Mary Ann Curtin is well respected by legislators, state agency staff, and her fellow lobbyists for her extensive knowledge of taxation and finance, land use, transportation, and human services, among many other issues of vital importance to local government; Whereas, Mary Ann Curtin's institutional knowledge and strong working relationships with members of the Chesterfield County delegation have been a tremendous resource to the staff at the Virginia Association of Counties; and Whereas, Mary Ann Curtin is known for her efforts to build camaraderie among local government liaisons, including her annual open house to mark the end of the General Assembly session; and Whereas, Mary Ann Curtin has always been generous in sharing her knowledge and serving as a mentor for the next generation of local government liaisons; and 21-492 6/25/2021 j j whereas, Mary Ann Curtin's decades of advocacy on behalf of Chesterfield County leaves a legacy that will benefit county residents for years to come; and Whereas, Mary Ann Curtin will be greatly missed by the staff of the Virginia Association of Counties and the local government liaison community. Now, therefore, be it resolved that the staff of the / Virginia Association of Counties wish Mary Ann Curtin a happy and fulfilling retirement and hope that she will stay in touch. Adopted the 24th day of August, 2021. A standing ovation followed. Ms. Curtin expressed appreciation for the recognition and stated it has been a privilege to work for the organization. Mr. Holland thanked Mr. Lynch for the presentation. 13. NEW BUSINESS 13.A. APPOINTMENTS 13.A.1. YOUTH CITIZEN BOARD On motion of Ms. Haley, seconded by Mr. Winslow, the Board nominated and appointed the following to serve as representatives on the Youth Citizen Board: Clover Hill High School, Clover Hill District: • Logan Sowers (Term: 9/1/2021 - 6/30/23) James River High School, Midlothian District: • Alison Penczak (Term: 9/1/21 - 6/30/23) • Virginia Kardian (Term: 9/1/21 - 6/30/22) Maggie L. Walker Governor's School, At -Large: • Jordyn Krajewski (Matoaca District; Term: 9/1/2021 - 6/30/23) Manchester High School, Matoaca District: • Beatrice Williamson (Term: 9/1/2021 - 6/30/23) Matoaca High School, Matoaca District: • Jada Coleman (Term: 9/1/2021 - 6/30/23) Meadowbrook High School, Dale District: • James Sognikin (Term: 9/1/2021 - 6/30/23) Midlothian High School, Midlothian District: • Abigail Walsh (Term: 9/1/2021 - 6/30/23) Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 21-493 8/25/2021 13.B. CONSENT ITEMS 13.8.1. ADOPTION OF RESOLUTIONS 13.B.1.a. ADOPTION OF RESOLUTION SUPPORTING CONSTRUCTION OF PHASE II OF THE WATKINS CENTRE APARTMENTS USING PROCEEDS FROM THE VIRGINIA HOUSING MIXED INCOME PROGRAM On motion of Ms. Haley, seconded by Mr. Winslow, the Board adopted the following resolution: WHEREAS, the Board of Supervisors of the Chesterfield County, Virginia, desire to make the determination required by Section 36-55.30:2.B of the Code of Virginia of 1950, as amended, in order for Virginia Housing to finance the economically mixed project (the "Project") described on Exhibit A attached hereto; NOW, THEREFORE, BE IT HEREBY DETERMINED as follows: (1) the ability to provide residential housing and supporting facilities that serve persons or families of lower or moderate income will be enhanced if a portion of the units in the Project are occupied or held available for occupancy by persons and families who are not of low and moderate income; and (2) private enterprise and investment are not reasonably expected, without assistance, to produce the construction or rehabilitation of decent, safe and sanitary housing and supporting facilities that will meet the needs of low- and moderate -income persons and families in the surrounding area of the Project and will induce other persons and families to live within such area and thereby create a desirable economic mix of residents in such area. EXHIBIT A Description of the Economically Mixed Project The proposed Phase II of the Watkins Centre Apartments will add an additional 250 Class -A units to the existing Watkins Centre Apartment community located near the intersection of VA -288 (Route 288) and Hwy. 60 (Midlothian Turnpike), SPIN 7177083222 and 7167097112. Phase I of Watkins Centre Apartments is completing construction in September 2021 and includes 200 Class -A units, as well as a full package of onsite amenities including a clubhouse and leasing center with cybercafe and shared workspace, entertainment lounge with billiards and shuffleboard, gathering and conference rooms, a large salt water pool with resort style pool deck, outdoor grill stations, firepits, a standalone fitness building featuring state of the art equipment and the latest fitness trends, carwash, pet cleaning station, access to walking trails and more. As of August 4, 2021, Phase I of Watkins Centre Apartments is 97 percent leased. The proposed second phase will add an additional five residential buildings, all of which will be elevator served 21-494 8/25/2021 with interior corridors and security access. New rental units will include 1-, 2- and 3 -bedroom apartments that will feature 9 -foot ceilings, granite countertops, stainless steel appliances, faux wood flooring, 2 -inch faux wood blinds, and balconies. This phase will also include additional site amenities including an outdoor kitchen with covered eating area, grill stations, brew garden and additional fire pits. The land proposed for Watkins Centre Apartments was rezoned in f conjunction with a rezoning of Watkins Centre. This rezoning is anticipated to spur a wide range of new economic development within the Centre and the Apartments are the first step in triggering creation of this new employment hub. Offering an economically mixed apartment community will stimulate more robust growth of the surrounding economic development, improving employment at all income levels. Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 13.B.1.b. RESOLUTION APPROVING ISSUANCE OF UP TO $35,000,000 OF REVENUE BONDS BY CHESTERFIELD'S EDA FOR THE BENEFIT OF SENIOR LIVING CHOICES OF VIRGINIA, INC. D/B/A BRANDERMILL WOODS On motion of Ms. Haley, seconded by Mr. Winslow, the Board adopted the following resolution: WHEREAS, the Economic Development Authority of the County of Chesterfield (the "Authority") has approved the application of Senior Living Choices of Virginia, Inc., d/b/a Brandermill Woods (the "Company"), a Virginia nonstock corporation, requesting that the Authority issue up to $35,000,000 of its revenue bonds in one or more series at one time or from time to time (the "Bonds") to provide funds to make a loan to the Company: (1) to refinance the Authority's Retirement Facilities First Mortgage Revenue Bonds (Brandermill Woods Project), Series 2012, which financed and refinanced projects on the Company's existing facility known as Brandermill Woods located in and around the principal place of business, which is 14311 Brandermill Woods Trail, Midlothian, Virginia (the "Campus"); and (2) to finance other capital projects at the Campus and amounts required for reserves, working capital, capitalized interest, costs of issuance and other financing expenses related to the issuance of the Bonds. Items (1) and (2) above are collectively referred to as the "Plan of Finance". WHEREAS, on July 15, 2021, the Authority held a public hearing regarding the Plan of Finance; WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with 21-495 8/25/2021 the proceeds of private activity bonds is located must approve the issuance of the bonds and Section 15.2-4906 of the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended ("Act"), sets forth the procedure for such approval; WHEREAS, the Authority issues its bonds on behalf of Chesterfield County, Virginia (the "County"), the facilities to be financed and refinanced with the proceeds of the Bonds are located in the County and the Board of Supervisors of Chesterfield County, Virginia (the "Board"), constitutes the highest elected governmental unit of the County; WHEREAS, the Authority has recommended that the County approve the Plan of Finance and the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution providing initial approval of the issuance of the Bonds, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: 1. The Board approves the issuance of the Bonds, in an aggregate principal amount up to $35,000,000, by the Authority for the benefit of the Company, solely to the extent required by Section 147(f) of the Code and Section 15.2-4906 of the Act, to permit the Authority to assist in accomplishing the Plan of Finance. 2. The approval of the issuance of the Bonds does not i constitute an endorsement to a prospective purchaser of the J Bonds of the creditworthiness of the Plan of Finance or the Company. In accordance with Section 15.2-4909 of the Act, the Bonds shall not be deemed to constitute a debt or a pledge of the faith and credit or taxing power of the Commonwealth or any political subdivision thereof, including the Authority and the County. 3. This resolution shall take effect immediately upon its adoption. Adopted by the Board of Supervisors of Chesterfield County, Virginia, on August 25, 2021. Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 21-496 6/25/2021 13.B.2. REAL PROPERTY REQUESTS 13.B.2.a. ACCEPTANCE OF PARCELS OF LAND 13.B.2.a.1. ACCEPTANCE OF A PARCEL OF LAND ADJACENT TO JEFFERSON DAVIS HIGHWAY FROM CHH PROPERTIES CHESTER, LLC On motion of Ms. Haley, seconded by Mr. Winslow, the Board / accepted the conveyance of a parcel of land containing 0.070 \\/ acres adjacent to Jefferson Davis Highway from CBH Properties Chester, 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: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 13.B.2.a.2. ACCEPTANCE OF A PARCEL OF LAND ADJACENT TO N. BAILEY BRIDGE ROAD FROM IVEY SELF STORAGE, INC. On motion of Ms. Haley, seconded by Mr. Winslow, the Board accepted the conveyance of a parcel of land containing 0.10 acres adjacent to N. Bailey Bridge Road from Ivey Self Storage, Inc. and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 13.B.2.a.3. ACCEPTANCE OF A PARCEL OF LAND NORTH OF BERMDDA HUNDRED ROAD FROM CARTOGRAF DSA, INC. On motion of Ms. Haley, seconded by Mr. Winslow, the Board accepted the conveyance of a parcel of land containing 3.381 acres north of Bermuda Hundred Road from Cartograf USA, Inc. and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 13.B.2.a.4. ACCEPTANCE OF PARCELS OF LAND ADJACENT TO BEP14MA HUNDRED ROAD AND THE TERMINUS OF DIGITAL DRIVE FROM ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD On motion of Ms. Haley, seconded by Mr. Winslow, the Board accepted the conveyance of three parcels of land containing a total of 4.975 acres adjacent to Bermuda Hundred Road and the terminus of Digital Drive from the Economic Development Authority of the County of Chesterfield and authorized the 21-497 8/25/2021 County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 13.B.2.a.5. DESIGNATION OF A SLOPE AND DRAINAGE EASEMENT FOR VDOT MAINTENANCE FOR THE DIGITAL DRIVE PHASE 1 AND 2 EXTENSION On motion of Ms. Haley, seconded by Mr. Winslow, the Board designated a slope and drainage easement across county property known as Meadowville Water Tank for VDOT maintenance for the Digital Drive phase 1 and 2 extension. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 13.B.2.a.6. DESIGNATION OF RIGHT OF WAY ALONG DUPUY ROAD AND WOODPECKER ROAD On motion of Ms. Haley, seconded by Mr. Winslow, the Board designated two parcels of land containing a total of 0.259 acres as right of way along Dupuy Road and Woodpecker Road. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 13.B.2.a.7. DESIGNATION OF RIGHT OF WAY ALONG COGBILL ROAD TOGETHER WITH A SLOPE AND DRAINAGE EASEMENT FOR VDOT MAINTENANCE, A DRAINAGE EASEMENT FOR VDOT MAINTENANCE AND A SWM EASEMENT FOR VDOT MAINTENANCE On motion of Ms. Haley, seconded by Mr. Winslow, the Board designated a parcel of land containing 4,047 square feet/0.093 acres as right of way along Coghill Road, together with a Slope and Drainage Easement for VDOT maintenance, a Drainage Easement for VDOT maintenance, and a SWM Easement for VDOT maintenance, for the construction of the Cogbill Road Park and Ride Project. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 21-498 8/25/2021 13.B.2.b. REQUESTS TO QUITCLAIM 13.B.2.b.1. REQUEST TO QUITCLAIM PORTIONS OF TWO SWMBMP EASEMENTS ACROSS THE PROPERTY OWNED BY CBH PROPERTIES CHESTER, LLC On motion of Ms. Haley, seconded by Mr. Winslow, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate portions of two SWMBMP easements across the property owned by CBH Properties Chester, LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 13.B.2.b.2. REQUEST TO VACATE AND REDEDICATE A THIRTY-FOOT INGRESS AND EGRESS EASEMENT ACROSS THE PROPERTY OF WATKINS LAND, L.L.C. On motion of Ms. Haley, seconded by Mr. Winslow, the Board authorized the Chairman of the Board and County Administrator to execute an agreement to vacate and rededicate a 30 -foot ingress/egress easement across the property of Watkins Land, L.L.C. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 13.B.2.b.3. REQUEST TO QUITCLAIM A CERTAIN VARIABLE WIDTH DRAINAGE EASEMENT ACROSS THE PROPERTY OF W.V. MCCLURE, INC., T/A MAIN STREET HOMES On motion of Ms. Haley, seconded by Mr. Winslow, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to a certain variable width drainage easement across the property of W.V. McClure, Inc., t/a Main Street Homes. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 13.B.2.c. AWARD OF CONTRACT 13.B.2.c.1. AWARD REQUIREMENTS CONTRACT FOR ENGINEERING SERVICES FOR DEVELOPMENT AND MANAGEMENT OF CLOSED LANDFILL GROUNDWATER MONITORING PROGRAMS On motion of Ms. Haley, seconded by Mr. Winslow, the Board authorized the Director of Procurement to award a contract to Golder Associates Inc., for the development and management of 21-499 8/25/2021 groundwater monitoring programs at the County's closed landfills. Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 13.B.2.c.2. AWARD AND EXECUTE CONSTRUCTION CONTRACT AND APPROVE ALL POTENTIAL CHANGE ORDERS FOR HORNER PARK IRRIGATION - PROJECT 3 On motion of Ms. Haley, seconded by Mr. Winslow, the Board authorized the Director of Procurement to (1) award a construction contract in the amount of $223,600.00 to Beem Irrigation T/A Montgomery Irrigation, the lowest responsive and responsible bidder, and (2) approve all necessary change orders, up to the amount budgeted for Horner Park Irrigation - Project 3. Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 13.B.2.c.3. AWARD AND EXECUTE CONSTRUCTION CONTRACT AND APPROVE ALL POTENTIAL CHANGE ORDERS FOR MIDLOTHIAN VILLAGE PARK ADDITIONAL PARKING On motion of Ms. Haley, seconded by Mr. Winslow, the Board authorized the Director of Procurement to (1) award a construction contract in the amount of $207,000 to Enviroscape, Inc., the lowest responsive and responsible bidder, and (2) approve all necessary change orders, up to the amount budgeted for the Midlothian Village Park Addition - Additional Parking project. Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 13.8.3. APPROPRIATE FUNDS AND AWARD A CONSTRUCTION CONTRACT FOR CLOVER HILL SCHOOL AREA PEDESTRIAN IMPROVEMENTS PROJECT On motion of Ms. Haley, seconded by Mr. Winslow, the Board 1) authorized the Director of Procurement, upon concurrence from the Virginia Department of Transportation (VDOT), to award a construction contract to Dickerson Construction, LLC in the amount of $668,580; 2) appropriated $200,000 from the Community Connectivity Sidewalk Fund; and 3) authorized the Director of Procurement to execute all necessary change orders, up to the full amount budgeted, for the Clover Hill School Area i Pedestrian Improvements Project. J Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 21-500 8/25/2021 13.8.4. APPROPRIATION OF FUNDS AND AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT FOR THE HARROWGATE ROAD/COUGAR TRAIL AND HARROWGATE ROAD (DOGWOOD AVENUE - SOUTH STREET) SIDEWALK PROJECTS On motion of Ms. Haley, seconded by Mr. Winslow, the Board 1) appropriated $461,000 in anticipated VDOT reimbursements to the Harrowgate Road/Cougar Trail project; 2) authorized the Director of Procurement to award a construction contract up to $2,013,415 [$1,355,477 for Harrowgate/Cougar Trail and $657,938 for Harrowgate (Dogwood - South Street)] to the lowest responsible and responsive bidder; and 3) authorized the Director of Procurement to execute all necessary change orders, up to the full amount budgeted, for the projects. Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 13.B.5. APPROPRIATE FY2021 USE OF AVAILABLE FUND BALANCE IN RISK MANAGEMENT FUND On motion of Ms. Haley, seconded by Mr. Winslow, the Board appropriated $1,500,000 in Risk Management Reserves in FY2021 for additional claim expenses relating to the repair of flood damage at the Addison -Evans Water Treatment Plant. Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 13.B.6. APPROPRIATION OF FUNDS FOR IV -E PREVENTION SERVICES On motion of Ms. Haley, seconded by Mr. Winslow, the Board appropriated $156,468 of state funding in FY2022 from the Virginia Department of Social Services for evidence -based and trauma informed prevention services. Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 13.B.7. ACCEPTANCE OF STATE ROADS On motion of Ms. Haley, seconded by Mr. Winslow, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk's Office of the Circuit Court of 21-501 8/25/2021 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. 21-501 8/25/2021 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 Sections 33.2-705 and 33.2-334, 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. Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: 533.2-705, 33.2-334 Street Name and/or Route Number • Magnolia Cove Circle, State Route Number 7955 From: 0.05 miles west of Blossom Point Road, (Route 7891) To: Magnolia Cove Court, (Route 8302), a distance of 0.20 miles Recordation Reference: Deed Book 8130, Page 983; Deed Book 8146, Page 470 Right of Way width (feet) = 47 • Magnolia Cove Circle, State Route Number 7955 From: Magnolia Cove Court, (Route 8302) To: 0.02 miles north of Magnolia Cove Court, (Route 8302), a distance of 0.02 miles Recordation Reference: Deed Book 8130, Page 983; Deed Book 8146, Page 470 Right of Way width (feet) = 47 Magnolia Cove Court, State Route Number 8302 From: Magnolia Cove Circle, (Route 7955) To: 0.01 miles west of Magnolia Cove Circle, (Route 7955), a distance of 0.01 miles Recordation Reference: Deed Book 8130, Page 983; Deed Book 8146, Page 470 Right of Way width (feet) = 47 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, 21-502 8/25/2021 pursuant to Sections 33.2-705 and 33.2-334, 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. Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334 Street Name and/or Route Number • Magnolia Cove Circle, State Route Number 7955 From: 0.02 miles north of Magnolia Cove Court, (Route 8302) To: Great Swan Lane, (Route 8303), a distance of 0.03 miles Recordation Reference: Deed Book 12208, Page 51 Right of Way width (feet) = 47 • Magnolia Cove Court, State Route Number 8302 From: 0.01 miles west of Magnolia Cove Circle, (Route 7955) To: The cul-de-sac, a distance of 0.13 miles Recordation Reference: Deed Book 12208, Page 51 Right of Way width (feet) = 47 e • Great Swan Lane, State Route Number 8303 From: Magnolia Cove Circle, (Route 7955) To: The cul-de-sac, a distance of 0.02 miles Recordation Reference: Deed Book 12208, Page 51 Right of Way width (feet) = 47 • Great Swan Lane, State Route Number 8303 From: Magnolia Cove Circle, (Route 7955) To: The cul-de-sac, a distance of 0.07 miles Recordation Reference: Deed Book 12208, Page 51 Right of Way width (feet) = 47 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. 21-503 8/25/2021 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 Sections 33.2-705 and 33.2-334, Code of Virginia, and the Department's Subdivision Street Requirements. 21-503 8/25/2021 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. Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: 533.2-705, 33.2-334 Street Name and/or Route Number • Argent Lane, State Route Number 7832 From: 0.01 miles east of Old Guild Road, (Route 8229) To: Vermeil Street, (Route 8301), a distance of 0.04 miles Recordation Reference: Plat Book 270, Page 12 Right of Way width (feet) = 53 Argent Lane, State Route Number 7832 From: Vermeil Street, (Route 8301) To: The cul-de-sac, a distance of 0.03 miles Recordation Reference: Plat Book 270, Page 12 Right of Way width (feet) = 53 • Sterling Brook Drive, State Route Number 7834 From: Vermeil Street, (Route 8301) To: 0.01 miles southeast of Old Guild Road, (Route 6229), a distance of 0.05 miles ` Recordation Reference: Plat Book 270, Page 12 J Right of Way width (feet) = 61 • Sterling Brook Drive, State Route Number 7834 From: Vermeil Street, (Route 8301) To: The end -of -maintenance, a distance of 0.01 miles Recordation Reference: Plat Book 270, Page 12 Right of Way width (feet) = 61 • Vermeil Street, State Route Number 8301 From: Argent Lane, (Route 7832) To: Sterling Brook Drive, (Route 7834), a distance of 0.19 miles Recordation Reference: Plat Book 270, Page 12 Right of Way width (feet) = 63 And, further, the Board adopted the following resolution: WHEREAS, the street described below is 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 V Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. 21-504 8/25/2021 NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Sections 33.2-705 and 33.2-334, 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. f AND, BE IT FURTHER RESOLVED, that a certified copy of this (` resolution be forwarded to the Resident Engineer for the to the Virginia Department of Transportation. Project/Subdivision: Silverleaf - Section H2 Type Change to the Secondary System miles of State Highways: Addition Change: Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: 533.2-705, 33.2-334 Code of Street Name and/or Route Number • Cannington Drive, State Route Number 7830 and/or From: 0.01 miles southeast of Old Guild Road, (Route 8229) To: The cul-de-sac, a distance of 0.06 miles Recordation Reference: Plat Book 274, Page 62 Right of Way width (feet) = 61 And, further, the Board adopted the following resolution: WHEREAS, the street described below is shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and (f fir' WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets 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 street described below to the secondary system of state highways, pursuant to Sections 33.2-705 and 33.2-334, 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. 21-505 8/25/2021 rro3ecc/�unarvreron: orrvcrreai aec�rcu r Type Change to the Secondary System miles of State Highwa Addition Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: 533.2-705, 33.2-334 Street Name and/or Route Number 21-505 8/25/2021 • Sterling Brook Drive, State Route Number 7834 From: 0.01 miles southeast of Vermeil Street, (Route 8301) To: The cul-de-sac, a distance of 0.05 miles Recordation Reference: Plat Book 274, Page 3 Right of Way width (feet) = 61 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 Sections 33.2-705 and 33.2-334, 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: Silver Mews Section C Type Change to the Secondary System miles of State Highways: Addition Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: 533.2-705, 33.2-334 Street Name and/or Route Number • Laroux Avenue, State Route Number 7938 From: 0.06 miles west of Patina Way, (Route 8297) To: 0.02 miles east of Salvers Court, (Route 8078), a distance of 0.04 miles Recordation Reference: Plat Book 268, Page 41 Right of Way width (feet) = 47 • Laroux Avenue, State Route Number 7938 From: Dalebrook Drive, (Route 1601) To: Patina Way, (Route 8297), a distance of 0.08 miles Recordation Reference: Plat Book 268, Page 41 Right of Way width (feet) = 55 • Laroux Avenue, State Route Number 7938 From: Patina Way, (Route 8297) To: 0.06 miles west of Patina Way, (Route 8297), a distance J of 0.06 miles Recordation Reference: Plat Book 268, Page 41 Right of Way width (feet) = 47 21-506 8/25/2021 Patina Way, State Route Number 8297 From: Laroux Avenue, (Route 7938) To: Patina Court, (Route 8298), a distance of 0.06 miles Recordation Reference: Plat Book 268, Page 41 Right of Way width (feet) = 47 • Patina Way, State Route Number 8297 From: Patina Court, (Route 8298) To: The cul-de-sac, a distance of 0.04 miles Recordation Reference: Plat Book 268, Page 41 (W Right of Way width (feet) = 47 • Patina Court, State Route Number 8298 From: Patina Way, (Route 6297) To: The end of maintenance, a distance of 0.03 miles Recordation Reference: Plat Book 268, Page 41 Right of Way width (feet) = 47 Veyan Way, State Route Number 8299 From: Laroux Avenue, (Route 7938) To: Veyan Court, (Route 8300), a distance of 0.06 miles Recordation Reference: Plat Book 268, Page 41 Right of way width (feet) = 47 • Veyan Way, State Route Number 8299 From: Veyan Court, (Route 8300) To: The cul-de-sac, a distance of 0.06 miles Recordation Reference: Plat Book 266, Page 41 Right of Way width (feet) = 47 ( • Veyan Court, State Route Number 8300 l`r' From: Veyan Way, (Route 8299) To: The cul-de-sac, a distance of 0.07 miles Recordation Reference: Plat Book 268, Page 41 Right of Way width (feet) = 47 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 Sections 33.2-705 and 33.2-334, 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. 21-507 8/25/2021 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: Wynwood at Foxcreek Section 18A Type Change to the Secondary System miles of State Highways: Addition Reason for Change: New Subdivision Street Pursuant to Code of Virainia Statute: 533.2-705, 33.2-334 Street Name and/or Route Number j • Trail Ride Drive, State Route Number 7289 From: 0.01 miles southwest of Sterlingworth Drive, (Route 8247) To: Brailen Drive, (Route 8296), a distance of 0.04 miles Recordation Reference: Plat Book 264, Page 1 Right of Way width (feet) = 47 Trail Ride Drive, State Route Number 7289 From: Brailen Drive, (Route 8296) To: The cul-de-sac, a distance of 0.07 miles Recordation Reference: Plat Book 264, Page 1 Right of Way width (feet) = 47 • Gossamer Drive, State Route Number 8009 From: 0.02 miles northeast of Strongbow Drive, (Route 8277) To: 0.06 miles northeast of Strongbow Drive, (Route 8277), a distance of 0.04 miles Recordation Reference: Plat Book 264, Page 1 Right of Way width (feet) = 47 • Gossamer Drive, State Route Number 8009 From: 0.06 miles northeast of Strongbow Drive, (Route 8277) To: Brailen Drive, (Route 8296), a distance of 0.07 miles Recordation Reference: Plat Book 264, Page 1 Right of Way width (feet) = 47 Brailen Drive, State Route Number 8296 From: Gossamer Drive, (Route 8009) To: The end -of -maintenance, a distance of 0.01 miles Recordation Reference: Plat Book 264, Page 1 Right of Way width (feet) = 47 • Brailen Drive, State Route Number 8296 From: Gossamer Drive, (Route 6009) To: Trail Ride Drive, (Route 7289), a distance of 0.10 miles Recordation Reference: Plat Book 264, Page 1 Right of Way width (feet) = 47 • Brailen Drive, State Route Number 8296 From: Trail Ride Drive, (Route 7289) To: The cul-de-sac, a distance of 0.05 miles Recordation Reference: Plat Book 264, Page 1 Right of way width (feet) = 47 Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 21-508 8/25/2021 13.8.8. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A HEALTH CARE CONTRACT WITH ANTHEM BLUE CROSS AND BLUE SHIELD AND RENEW THE DENTAL CONTRACT WITH DELTA DENTAL OF VIRGINIA FOR 2022 On motion of Ms. Haley, seconded by Mr. Winslow, the Board authorized the County Administrator to execute the county's contract with Anthem Blue Cross and Blue Shield (Anthem) and renew the contract with Delta Dental of Virginia (Delta) for 2022, and authorized the County Administrator to transfer (v budgeted FY2021 savings to the healthcare fund. Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 13.B.10. SET PUBLIC HEARING 13.B.10.a. TO CONSIDER A FY2023 AND FY2024 TRANSPORTATION ALTERNATIVES PROJECT On motion of Ms. Haley, seconded by Mr. Winslow, the Board set the date of September 22, 2021, for a public hearing to consider the Commonwealth Center Bike/Pedestrian Trail FY2023 and FY2024 Transportation Alternatives Project (TAP), and adopt a resolution of support for the project, upon approval by VDOT. Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 13.B.10.b. TO CONSIDER A LICENSE AGREEMENT WITH EVENTMAEERS USA On motion of Ms. Haley, seconded by Mr. Winslow, the Board set the date of September 22, 2021, for a public hearing to consider a License Agreement with EventMakers USA to hold concerts at the Chesterfield County Fairgrounds beginning after September 22, 2021. Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 13.B.10.c. TO CONSIDER PROPOSED FUNDING PLAN FOR SCHOOL INFRASTRUCTURE PROJECTS On motion of Ms. Haley, seconded by Mr. Winslow, the Board set the date of September 22, 2021, for a public hearing to consider the proposed issuance of up to $130 million in bonds ` to support the provision of school facilities. Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 21-509 8/25/2021 14. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Renae Eldred addressed the Board relative to recent deaths caused by house fires and stressed the need for properly placed, working smoke detectors. 15. DEFERRED ITEMS There were no Deferred Items at this time. 16. THERE IS NO OPPOSITION - CA NOT ACCEPT THE RECOMMENDATI OPPOSITION WILL BE HEARD AT PERMITS AND REZONING BE HEARD IN THE nanavvar.c - rnexe Ms. Sara Hall stated for each case on the consent agenda, staff has received written confirmation from the applicants that they agree with the conditions being imposed, and that all proffers are offered in compliance with state law. 21MH0134 In Matoaca Magisterial District, Ron Cox requests renewal of a manufactured home permit (Case 96SR0119) to permit a temporary manufactured home and amendment of zoning district map in a Residential (R-7) District on 1.24 acres known as 21801 Ferndale Avenue. Density is approximately 0.8 unit per acre. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II uses (2.0 to 4.0 dwellings per acre). Tax ID 780-607-6252. Ms. Hall presented a summary of Case 21MH0134. She stated staff received no comments on the case and recommended approval subject to the conditions in the staff report. Mr. Holland called for public comment. Mr. Ron Cox stated his mother has lived in this home for 47 years. He further stated on June 11, 2021, a drunk driver ran off the road, struck the trailer, and the trailer was totaled. He stated the trailer has since been demolished, and he is trying to get her back to her home where she can be comfortable with her neighbors and her community. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Carroll, seconded by Ms. Haley, the Board approved Case 21MH0134 subject to the following conditions: J 1. The applicant, Ron Cox, and his mother, Barbara Cox, shall be the owners of the land and manufactured home. Occupancy of the manufactured home shall be limited to Ron Cox and/or Barbara Cox. (P) 21-510 8/25/2021 2. No permanent type living space may be added to the manufactured home. The manufactured home shall be skirted but shall not be placed on a permanent foundation. (P) Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 21SN0570 In Midlothian Magisterial District, Cynthia Mitchell requests renewal of Conditional Use (Casel5SN0671) to continue to operate a heating and air conditioning contractor's shop in an Agriculture (A) District and amendment of zoning district map on 0.56 acre known as 1224 Crowder Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential Mixed use. Tax ID 729-708-2499. Ms. Hall presented a summary of Case 21SN0570. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Haley, seconded by Mr. Winslow, the Board approved Case 21SN0570 subject to the following conditions: 1. This Conditional Use shall be granted to and for S.B. Barnett and/or his son Stewart C. Barnett, his daughters Cynthia B. Mitchell and Dolores B. Moss, and his granddaughter Jordan K. Barnett, exclusively, for a period not to exceed five (5) years and shall not be transferable or run with the land. (P) 2. This Conditional Use shall be limited to the operation of a heating and air conditioning business, exclusively, and a maximum of six (6) employees, other than the applicant and his immediate family members, shall be permitted. (P) 3. Other than normal maintenance or improvements necessary to meet the Virginia Statewide Building Code, there shall be no exterior additions or alternations to the structures. (P and BI) 4. All work, with the exception of parking associated with the business, shall be conducted entirely within an enclosed building. (P) S. One (1) sign shall be permitted and shall not exceed six (6) square feet. (P) 6. No more than five (5) customers shall be permitted on the property at any one (1) time. (P) 21-511 8/25/2021 7. No deliveries shall be permitted before 8:00 a.m. or after 6:00 P.M. (P) 8. Hours of operation shall be restricted to between 7:00 a.m. and 9:00 p.m., Monday through Saturday. No Sunday operation shall be permitted. (P). 9. In addition to the heating and air conditioning business permitted as conditioned herein, uses permitted on the property shall be limited to those uses permitted by right or with restrictions in the Agricultural (A) District, except that the following uses shall not be permitted: a. Model homes; b. Communications towers; C. Forestry operations and sawmills together with the incidental uses thereof; d. Private kennels; and e. Manufactured homes. (P) Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 21SN0602 In Bermuda Magisterial District, Emerson Ventures, LLC requests rezoning from Residential (R-15), Community Business (C-3), and Agriculture (A) Districts to Community Business (C- 3) District plus conditional use planned development to permit exceptions to ordinance standards on 3.9 acres known as 210 i and 230 E Hundred Rd, 13200 Rivers Bend Boulevard and part of 139 Meadowville Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Business use. Tax ID(s) 814-652-9588, 815-652-1474,615-652-1893 and 815-653- Part of 1417. Ms. Hall presented a summary of Case 21SN0602. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Holland called for public comment Mr. Kerry Hutcherson, representing the applicant, stated he was available to answer any questions about the case. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Carroll, seconded by Mr. Holland, the Board approved Case 21SN0602 subject to the following conditions: The Applicant in this case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffers that the property under consideration in this case ("the Property") will be used according to the following 21-512 8/25/2021 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 owners and Applicant, the proffer shall immediately be null and void and of no further force or effect. 1. Master Plan. The Textual Statement, dated May 6, 2021, shall be considered the Master Plan. (P) 2. Access. The exact location of each access shall be approved by the Transportation Department. Direct vehicular access from the Property to E. Hundred Road (US Route 10) shall be limited to one (1) entrance/exit. Direct vehicular access from the Property to Rivers Bend Boulevard shall be limited to one (1) entrance/exit. Prior to any site plan approval on the Property the Applicant/Developer/Subdivider shall establish a shared access easement so that the parcel identified as GPIN 814- 652-7781 will have the right to utilize the approved accesses. (P) 3. Road Improvements. Prior to issuance of any certificate of occupancy, the Applicant/Developer/Subdivider shall be responsible for completing the following road improvements: (T) a. Construction of additional pavement along the westbound lanes of Route 10 to provide a separate right turn lane at the approved access. b. Construction of additional pavement along the southbound lane of Rivers Bend Boulevard to provide a separate right turn lane at the approved access. C. Construction of a VDOT standard sidewalk along the Property's frontage along Route 10 and Rivers Bend Boulevard d. Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. 4. Connection to County Water/Sewer. The Applicant/Developer/Subdivider shall connect the Property to County water and sewer at time of initial site construction. (U) 5. Architectural Standards. Buildings constructed on the Property shall use architectural forms and building materials that are generally compatible with those shown on the conceptual elevations provided in EXHIBIT B. All fuel canopy columns shall incorporate masonry materials such as brick, stone, or a combination thereof, as generally shown on EXHIBIT B. (P) 6. Post Development Runoff. For any portion of the Property located within the Johnson Creek watershed, the post - development runoff rate for the 2, 10, and 100 year storms 21-513 8/25/2021 Absent: Ingle 20SN0603 In Clover Hill Magisterial District, Goochland/West Creek shall not exceed the corresponding pre -development runoff Limited Partnership requests rezoning from Agricultural (A) rate. (EE) 7. Use Restrictions. The following uses shall not be standards and amendment of zoning district map on 6.5 acres permitted:(P) located in the southeast corner of Hull Street Road and a. cocktail lounges and nightclubs; conditions or ordinance standards. The Comprehensive Plan b. second hand stores; C. flea market; 739-681-3448; and 0132. d. kennels and outside runs associated with veterinary received no comments on the case, and the Planning Commission clinics and hospitals; and staff recommended approval subject to the conditions in e. funeral home; f. mortuary; There being no one to speak to the issue, the public hearing g. taxidermy; h. coin operated dry cleaning and/or laundry services; approved Case 20SN0603 subject to the following conditions: i. laundromat; j. motorcycle sales and rentals; Zoning Ordinance of Chesterfield County, for itself and its k. theaters; 1. automobile sales and rentals; M. antique shop; n. consignment store; o. crematorium; and P. halfway house. Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle 20SN0603 In Clover Hill Magisterial District, Goochland/West Creek Limited Partnership requests rezoning from Agricultural (A) District to Community Business (C-3) District and conditional use planned development to permit exceptions to development standards and amendment of zoning district map on 6.5 acres located in the southeast corner of Hull Street Road and Bridgewood Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Corporate Office/Research & Development/ Light Industrial uses. Tax IDs 739-681-3448; and 0132. Ms. Hall presented a summary of Case 20SN0603. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Winslow, seconded by Ms. Haley, the Board approved Case 20SN0603 subject to the following conditions: The property owner 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 itself and its successors or assigns, proffer that the property under 21-514 8/25/2021 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 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. These Proffered Conditions include two (2) Exhibits: LExhibit A: Possible Layout dated March 21, 2021, prepared by Rummel, Klepper & Kahl, LLP ("Conceptual Layout"). Exhibit B: Inspiration Pictures dated February 4, 2021 1. Master Plan. The Textual Statement, dated July 20, 2021, and the Conceptual Layout shall be considered the Master Plan. (P) 2. Conceptual Layout. The Property shall be developed in general conformance with the Conceptual Layout, unless substantial modifications are approved by the Planning Commission at the time of plans review. Modifications not requiring Planning Commission approval would be user required adjustments to building footprints, building size, number of parking spaces so long as the minimum parking requirements are maintained, parking space locations, drive -aisles locations, pedestrian connections, elimination of the car wash, and improvements around the building. Modifications based on final engineering also do not require Planning Commission approval. The Bridgewood Road access location may shift north or south to a location established by VDOT's entrance approval process. Any information shown relating to the existing BMP/Stormwater Pond is for informational purposes only and this information related to the existing BMP/Stormwater Pond may be modified or rearranged by the owner in compliance with Chesterfield County ordinances and with any necessary approvals. (P) 3. Maximum Density. The maximum density of the Property shall be that which does not generate in excess of 4,990 average daily trips based on the trip generation rates as set forth in the Institute of Transportation Engineers Trip Generation Manual, 10th Edition. (T) 4. Use Restrictions. The following uses shall not be permitted: (P) a. cocktail lounges and nightclubs; b. second hand stores; C. flea market; d. outside kennels and outside runs associated with veterinary clinics and hospitals; e. funeral home; f. mortuary; g. taxidermy; h. coin operated dry cleaning and/or laundry services; i. laundromat; j. motorcycle sales and rentals; 21-515 8/25/2021 k. theaters; 1. automobile sales and rentals; M. antique shop; n. consignment store; o. crematorium; and P. halfway house. 5. Use Restrictions. The following uses shall be subject to the following restrictions: (P) a. A convenience store with manned or unmanned fueling stations shall only be located within the portion of the Property shown on the Conceptual Layout as being improved for a convenience store with fuel pumps and a car wash. No automobile self-service use shall be permitted elsewhere on the Property. b. An automobile service station not exceeding one story in height shall only be located within the portion of the Property between the entrance to Route 360 and the eastern property line. 6. Public Utilities. Public water and wastewater systems shall be used. (U) 7. Dumpster Service. Dumpster service for the Property shall be permitted only between the hours of 7:00 a.m. and 7:00 P.M. (P) 8. Road Improvements. Prior to issuance of any certificate of occupancy, the following road improvements shall be completed by the owner or by others. Any modification to the alignment, provision, design and length shown on the Conceptual Layout and/or specified below shall be approved by the Chesterfield County Transportation Department. If any of the road improvements identified below are provided by others, as determined by the Transportation Department, then the specific road improvement shall no longer be required. (T) a. Construction of additional pavement along the eastbound lanes of Hull Street Road ("Route 360") at the Route 360 access to the Property to provide a separate right -turn lane (200 foot storage and 200 foot taper). b. Construction of additional pavement along the northbound lane of Bridgewood Road to provide an additional lane extending from the Bridgewood Road access to the Route 360 intersection, as such additional lane is generally shown on the Conceptual Layout ("New Lane"). (Note: This will provide for three (3) northbound lanes at Route 360/Bridgewood intersection). C. Construction of a VDOT standard raised median along / Bridgewood Road from the Route 360 intersection to V approximately 100 feet south of the Bridgewood Access. If VDOT approves the Bridgewood Access for left -in and/or left -out movements, then the raised median design shall be modified as approved by the Transportation Department and VDOT. 21-516 8/25/2021 d. Construction of additional pavement along the westbound lanes of Route 360 at the Bridgewood Road intersection to extend the existing left turn lane 100 feet, with the exact design of this extension to be approved by the Chesterfield County Transportation Department. g. Dedication to Chesterfield County, free and unrestricted of any additional right-of-way (or easements) required for the road improvements identified above. If, right-of-ways are outside the limits of the Property ("off-site") and the owner of the Property or Chesterfield County Transportation Department are unable to secure the dedication of this required right-of-way, then the Developer shall be relieved of the obligation to acquire the "off- site" right-of-way, and only provide road improvements that can be accommodated within available right-of-way, as determined by the Transportation Department. e. Full cost of traffic signal modifications at the Route 360/Bridgewood Road intersection related to these road improvements. proffers. (T) f. Construction of a VDOT standard sidewalk along the north side of Route 360 and the east side of Bridgewood Road for the entire Property frontage, as generally shown on the Conceptual Layout. entrance/exit, in the location generally shown on g. Dedication to Chesterfield County, free and unrestricted of any additional right-of-way (or easements) required for the road improvements identified above. If, right-of-ways are outside the limits of the Property ("off-site") and the owner of the Property or Chesterfield County Transportation Department are unable to secure the dedication of this required right-of-way, then the Developer shall be relieved of the obligation to acquire the "off- site" right-of-way, and only provide road improvements that can be accommodated within available right-of-way, as determined by the Transportation Department. 21-517 8/25/2021 9. Access. The exact location of each access location identified below shall be established by the location determined by the Virginia Department of Transportation's ("VDOT") approval process in accordance with the following which was approved by VDOT prior submission of these proffers. (T) a. Direct vehicular access from the Property to Route 360 (Hull Street) shall be limited to one (1) entrance/exit, in the location generally shown on the Conceptual Layout, in accordance with applicable VDOT design standards. b. Direct vehicular access from the Property to Bridgewood Road shall be limited to one (1) entrance/exit, in the location generally shown on the Conceptual Layout. Full access approval to be based on a traffic study and possible VDOT access management waiver, which indicates that during the build out year, the access point and median break would not impact the functional area of the signalized intersection of Bridgewood Road and Route 360 (Hull Street). e` 10. Materials. Acceptable siding materials include brick, brick veneer, stone, stone veneer, cultured stone, other masonry materials, fiber cement siding (such as HardiPlank, HardieShingle, and HardieTrim), or engineered wood siding (such as LP SmartSide). Dutch lap, plywood, vinyl and metal siding are not permitted. Other materials 21-517 8/25/2021 may be used for parapets, cornices, surrounds, trim, awnings, architectural decorations, and design elements. Roofing material for a sloped roofshall be standing seam metal, dimensional architectural shingles, or better with a minimum of 25 -year warranty. (P) 11. Architecture. The buildings constructed on the Property shall be developed with an architectural appearance generally consistent with the illustrative picture(s) shown on Exhibit B. Owners and tenants will be permitted to include prototypical or corporate buildings and identification architectural elements in the design of their building. The standard of compatibility may be met through scale, materials, forms, and/or colors. Any substantial modifications or deviations to the general architectural appearance shown on Exhibit B and/or deviation from compatibility shall be approved by the Planning Commission in conjunction with plans review. (P) 12. Trees. The owner shall plant a row of Spartan Juniper plants between the BMP/Stormwater Pond and the rear property line shared with the parcel of land identified as GPIN 739-681-6927 on the County's Tax Map, subject to approval by Chesterfield County's Environmental Engineering Department at the time of plan review. The minimum height of these plants shall be three feet (3') at the time of planting and the exact spacing of these plants shall be determined at the time of plan review. (P) Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. In Midlothian Magisterial District, Unity Christ Church of Bon Air requests conditional use to permit a private school, incidental to a church, in a Residential (R-15) District and amendment of zoning district map on 3.53 acres known as 923 Buford 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 to 4 dwellings per acre). Tax ID 758-710-0393. Ms. Hall presented a summary of Case 21SN0617. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Haley, seconded by Mr. Winslow, the Board approved Case 21SN0617 subject to the following conditions: 21-518 8/25/2021 1. Use. The private school shall only be permitted in conjunction with the church use. (P) 2. Expansion of Use. There shall be no exterior additions or alterations to the existing structure to accommodate this use. (P) 3. Enrollment. School enrollment shall be limited to thirty (30) children. (P) 4. Hours of Operation. Hours and days of operation shall be limited to Monday through Friday from 8:30 a.m. to 5:30 P.M. (P) Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. �iawnego In Midlothian Magisterial District, Alverser LLC requests conditional use to permit craft brewery, craft distillery, and craft winery uses in a Corporate Office (0-2) District and amendment of zoning district map on 2.02 acres known as 1200 Alverser Plaza. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Business uses. Tax ID 739-710-4052. Ms. Hall presented a summary of Case 21SN0629. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Holland called for public comment. Mr. Andy Scherzer, representing the applicant, stated he was available to answer any questions about the case. There being no one else to speak to the issue, the public hearing was closed. On motion of Ms. Haley, seconded by Mr. Winslow, the Board approved Case 21SN0629 subject to the following conditions: 1. Permitted Uses. The following uses shall be permitted with the following restrictions: a. Brewery, craft i. Use produces primarily for on-site consumption or sale; ii. Yearly, use produces a maximum of 10,000 barrels, each holding no more than 31 gallons of beer or other malt liquors; and iii. Maximum of 15 persons are engaged in the production of beer or malt. 21-519 8/25/2021 b. Distillery, craft i. Use produces primarily for on-site consumption or sale; ii. Yearly, use produces a maximum of 3,000 barrels, each holding no more than 53 gallons of liquor; and iii. Maximum of 15 persons are engaged in the production of liquor. C. Winery, craft i. Use produces primarily for on-site consumption or sale; ii. Yearly, use produces a maximum of 3,000 cases, each case holding a maximum of 12 bottles containing no more than 750 ml per bottle or each case holding a maximum of 9 liters of wine; and iii. Maximum of 15 persons are engaged in the production of wine. (P) (Staff Note: These uses are in addition to those uses permitted by right or with restrictions in Case 02SN0258) 2. Hours of Operation. The hours of operation to the public for the craft brewery, distillery or winery use shall be limited to between 8 a.m. and 11 p.m. (P) 3. Limitations on Size. Any craft brewery, distillery or winery use on the Property shall not exceed 3,000 gross square feet. (P) Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle 21SN0609 In Matoaca Magisterial District, Katherine Lane requests rezoning from Agriculture (A) to Residential (R-40) District plus an exception to Section 18-60 of the Utility Ordinance for connection to the public water system on 5.01 acres known as 5811 Cedar Springs Rd. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential Agricultural use. Tax ID 742-673-9129. Ms. Marianne Pitts presented a summary of Case 21SN0609 consisting of Request I - rezoning from Agricultural (A) to Residential (R-40) District and Request II - exception to Section 18-60 of the Utility Ordinance for connection to the public water system. She stated the Planning Commission and staff recommended approval of Request I subject to the conditions in the staff report. She further stated the 21-520 8/25/2021 Utilities Department recommended denial of Request II because there is a viable way to serve the site with public water without topographical, capacity, or other underground utility conflict issues. She stated should the Board wish to approve the exception, staff recommended imposition of the condition included in the staff report. Ms. Katherine Lane was present, but she did not wish to provide any remarks about her case. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. Mr. Carroll made a motion to approve Case 21SN0609 subject to the conditions in the staff report. He stated he wanted to grant the applicant's request for an exception to Section 18-60 of the Utility Ordinance for connection to the public water system. Mr. Mincks clarified that, by granting the exception, it would be subject to the condition that was recommended to accompany that exception. In response to Mr. Carroll's question relative to whether the applicant agreed to the conditions, Mr. Mincks stated she did agree to the conditions. Mr. Winslow pointed out that the staff report requires $400,000 to $600,000 to make the connection and stated it seemed to be quite an onerous cost. Mr. Holland concurred and called for a vote on Mr. Carroll's Cl motion, seconded by Ms. Haley, for the Board to approve Case 21SN0609 (Requests I and II) and accept the following proffered conditions: 1. Subdivision of the Property. The subdivision of the Property shall be limited to a maximum three (3) lots. (P) 2. Road Cash Proffer. There shall be no road cash proffer required for the initial dwelling unit. For each subsequent dwelling unit, the owner/developer shall pay $9,400 to the County of Chesterfield for road improvements within the service district of the property. Payment shall be made prior to the issuance of a certificate of occupancy for a dwelling unit unless state law modifies the timing of the payment. (B) And, further, the Board imposed the following condition 1. Dedication of Public water Easements. The subdivision plat for the request property shall include a temporary construction and permanent public water easement across the property frontage along Cedar Springs Road to facilitate the future extension of the public water line. (U) `_/ Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 21-521 8/25/2021 7icuns7t In Dale Magisterial District, McShay Communities, Inc. requests rezoning from Agricultural (A) to Residential (R-12) and amendment of zoning district map on 11.2 acres located at the southeast corner of Salem Church and Kingsland Roads. 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/acre). Tax IDs 778-672-8811 and 779-671-2093. Mr. Steve Haasch presented a summary of Case 21SN0575. He stated the property lies in an area of increasing residential development, and several new neighborhoods are underway or have been recently constructed in the area. He further stated the request continues this trend and represents infill development. He provided details of the proffered conditions to mitigate negative impacts from the development which include road improvements and a shared use path. He stated the proffered conditions are greater than what is required in the adjacent Kingsland Woods neighborhood and similar to other residential cases in the area. He discussed the connection to Excaliber Place, which is in the existing Kingsland Woods neighborhood as a cul-de-sac, and stated the road has always been planned to extend into the property when the subdivision to the south was planned. He stated an access onto Kingsland Road is also planned, so sole access is not through Kingsland Woods as requested by the neighborhood. He further stated no ordinance exceptions have been sought with this request. He stated the request represents infill development and complies with the Comprehensive Plan. He further stated the Planning Commission and staff recommended approval. 1) Mr. Jack Wilson, representing the applicant, stated there was a community meeting in April where there was great dialogue with the neighbors in Kingsland Woods. He further stated there were three issues raised relative to transportation, stormwater and drainage, and schools. He stated after receiving that feedback, the case was deferred for 60 days at the request of Planning Commissioner Dr. Hylton to work through those issues. He discussed efforts to add a second access at Kingsland Road to significantly diminish the traffic on Excaliber Place. With regard to stormwater and drainage, he stated the applicant worked very closely with Environmental Engineering and proffered significant drainage requirements. Lastly, he stated the development will have a negligible impact on the schools, and there is sufficient capacity at all three levels. Mr. Holland called for public comment. Mr. Doug Morris expressed concerns relative to increased traffic on Excaliber Place and asked the Board to consider a direct exit to Salem Church Road. J Mr. Bruce Edmiston addressed the Board relative to keeping Excaliber Place as a cul-de-sac and creating an intersection at the southwest corner of the property. 21-522 8/25/2021 Mr. Wilson stated those were issues discussed in April, and the applicant has worked closely with VDOT in an effort to avoid having access through Excaliber Place. He further stated the state's stub road policy mandates that connection to be made or else it will not be accepted into the state system. He stated the applicant's preference was one access off of Kingsland Road, but VDOT declined the waiver request. He further stated the applicant worked to get the second access off of Kingsland Road to alleviate neighbors' concerns. He (Law stated the applicant proffered to prohibit construction l\r traffic from using Excaliber Place, and all construction traffic would have to come in off of Kingsland Road. He further stated the applicant has done everything to address the neighbors' concerns. He stated neither VDOT nor the county Transportation Department were enthusiastic about connecting to Salem Church Road because it would create a more difficult and hazardous intersection and because the minimum spacing distance required by VDOT is 335 feet, and the maximum available is 350 feet not including a right turn lane that would extend down in front of other neighbors' driveways. He further stated all those issues were explored and the applicant has done everything it can. He stated this request is consistent with VDOT and county Transportation Department requirements. There being no one else to speak to the issue, the public hearing was closed. Mr. Holland made a motion, seconded by Ms. Haley, for the Board to approve Case 21SN0575 subject to the conditions. In response to Mr. Winslow's question relative to the cul-de- sac on a stub road, Mr. Brent Epps, Director of Transportation, stated in this particular case the county has easements on properties on either side of the street allowing for the cul- de-sac. He further stated those easements will be vacated if and when the stub connection was ever to be made in the future. He stated the county has a mixture of some with the cul-de-sac shape and some that are purely just a stub street. He stated staff has gone through the VDOT stub street connection policy many times, and it is a VDOT requirement whereby if a road is to be accepted into the system, the stub must be connected. Mr. Winslow stated he would gladly trade the county's system for Henrico County's funding model, but in lieu of that, the county's hands are tied. Mr. Holland called for a vote on his motion, seconded by Ms. Haley, for the Board to approve Case 21SN0575 subject to the following 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 21-523 8/25/2021 to by the owner and applicant, the proffers shall immediately be null and void and of no further force or effect. 1. Utilities. a. Public water and wastewater shall be used. b. The on-site wastewater collection system shall be designed, and public wastewater easements (temporary construction and permanent) recorded with the subdivision plat to provide future wastewater system access to 8411, 8415 and 8421 Salem Church Road. 2. Concept Plan. The Property will be developed substantially in accordance with the Conceptual Layout prepared by Townes Site Engineering dated June 29, 2021 and attached as Exhibit A. 3. Access. There shall be no direct vehicular access from the Property to Salem Church Road. 4. Dedication. In conjunction with recordation of the initial subdivision plat or within sixty (60) days from a written request by the Transportation Department, whichever occurs first, the following shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County measured from the centerline of that part of the roadway immediately adjacent to the Property: a. Forty-five (45) feet of right-of-way along the south side of Kingsland Road; and b. Thirty-five (35) feet of right-of-way along the east side of Salem Church Road. 5. Road Improvements. In conjunction with initial development, the owner/developer shall be responsible for the following road improvements, with modifications approved by the Transportation Department: a. Relocation of the existing ditch along the Property's frontage to Kingsland Road and Salem Church Road to provide an eight (8) foot unpaved shoulder. b. Construction of a right turn lane into the Property from Kingsland Road. C. Construction of a VDOT standard shared use path along the entire Property frontage to Kingsland Road. d. Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. 6. Density. The maximum density of this development shall not exceed twenty (20) lots. 7. Timbering. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing 21-524 8/25/2021 dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed. 8. Stormwater Management. a. The post -development 1, 2, 10 and 100 -year peak discharge rates to the existing culvert under Kingsland Road shall not exceed the pre -development (W 1, 1, 2, 10 and 100 -year peak discharge rates, respectively. b. No impervious areas shall sheet flow into the existing residential lots within the Kingsland Wood subdivision. C. Drainage to the south and southeast shall be collected and diverted to the existing drainage easements within Section 2 of the Kingsland Woods subdivision. The existing grass channel within the drainage easement along GPINs 779-671-4837, 779-671- 4129, and 779-671-3920 shall be replaced with a minimum 12 -inch PG -2A concrete lined ditch, as required by the Department of Environmental Engineering at the time of plans review. In addition, the 100 -year post -development peak discharge rate shall be less than the 100 -year storm pre -development peak discharge rate. d. Any retention or detention facility serving the site 21-525 8/25/2021 shall be below the existing ground with no manmade compacted embankment required, or if a manmade embankment is necessary and planned, a dam failure analysis may be required, as determined by the Department of Environmental Engineering at the time of plan review, showing no homes will be detrimentally impacted. The dam embankment design shall include, but not limited to, a clay core or a syphon structure. 9. Architectural/Design Elements: a. Driveways/Front Walks i. Driveways: All homes shall have a paved driveway. ii. Front Walks: A minimum of a three (3) foot wide front walk constructed of concrete or decorative pavers shall be provided to the front entrance of each dwelling unit, to connect to drives, sidewalks or street. f b. Landscaping i. Front Yard Tree: One (1) tree per lot shall be planted or retained along both sides of all streets. A tree shall be planted or retained on both street frontages on corner lots. The tree shall be planted or retained along the front property line within the street side half of 21-525 8/25/2021 the required front yard setback. The front yard tree shall be a large deciduous tree and have a minimum caliper of 2.5 inches. Native trees shall be permitted to have a minimum caliper of 2 inches. ii. Front Foundation Planting Beds: Foundation planting is required along the entire front fagade of all units and any side yards that front a public street. Foundation beds shall be a minimum of four (4) feet wide from the unit foundation. Planting beds shall be defined with a trenched edge or suitable landscape edging material. Planting beds shall include medium shrubs and may include spreading groundcovers. C. Architecture and Materials i. Repetition: Dwellings with the same elevations may not be located adjacent to, directly across from, or diagonally across from each other on the same street. This requirement does not apply to units on different streets backing up to each other. ii. Step-down Siding: Stepping the siding down below the first floor shall only be permitted in circumstances of unique topographical conditions. Step downs shall be permitted on the side and rear elevations only, with a maximum of two (2) steps permitted on any elevation, and with a minimum separation of eight (8) feet between steps. A minimum of 24 inches of exposed brick or stone shall be required unless a lesser amount is approved by the Planning Department due to unique circumstances. iii. Exterior Facades: Acceptable siding materials include brick, stone, masonry, stucco, synthetic stucco (E.I.F.S), vinyl siding, and approved horizontal lap siding. Horizontal lap siding may be manufactured from natural wood or cement fiber board or may be premium quality vinyl siding. Plywood, Dutch Lap and metal siding are not permitted. Additional siding requirements: 1. Where a dwelling borders more than one street, all street -facing facades shall be finished in the same materials. 2. All vinyl siding shall have a minimum wall thickness of 0.042". 3. Synthetic Stucco siding shall be finished in smooth, sand or level texture. Rough textures are not permitted. 21-526 8/25/2021 10. Construction Traffic: All construction traffic shall enter and exit the property from the Kingsland Road access point. No construction traffic shall be permitted to use Excaliber Place. Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 21SNO566 In Midlothian Magisterial District, Gray Westchester LLC requests rezoning from General Industrial (I-2) and Community Business (C-3) to Community Business (C-3) with conditional use to permit single family, townhouse, and multifamily uses plus conditional use planned development to permit exceptions to uses, ordinance requirements, and development standards and amendment of zoning district map on 333.6 acres fronting 2,450 feet on the north line of Midlothian Turnpike, 1,020 feet west of Watkins Centre Parkway, fronting 2,450 on the west line of Watkins Centre Parkway, 1,350 feet north of Midlothian Turnpike, and fronting 1,250 feet on the east line of Huguenot Springs Road, 2,500 feet north of the Midlothian Turnpike. Density will be controlled by zoning conditions or ordinance 21-527 8/25/2021 d. Roof Materials: Roofing material shall be dimensional architectural shingles or better with a minimum 30 -year warranty or standing seam metal. e. Porches, Stoops and Decks i. Front Porches: All front entry stoops and front porches shall be constructed with continuous masonry foundation wall or on 12"x 12" masonry piers. Front porches shall be a minimum of five (5) feet deep. Space between piers under porches shall be enclosed with framed lattice panels. Handrails and railing shall be finished painted wood, vinyl rails or metal rail systems. With vertical pickets or swan balusters. Pickets shall be supported on top and bottom rails that span between columns. f. Garages: A minimum of seventy-five (75) percent of all dwelling units shall have an attached garage. Garages shall be recessed from the front facade. Flat panel garage doors are prohibited. g. Heating, Ventilation and Air Conditions (HVAC) Units and Whole Housing Generators. Units shall be screened from view of public roads by landscaping or low maintenance material, as may be approved by the Planning Department. h. The minimum gross floor area for each new dwelling unit shall be 1800 square feet. `[ i. err Exposed piers supporting front porches shall be faced with brick or stone veneer. 10. Construction Traffic: All construction traffic shall enter and exit the property from the Kingsland Road access point. No construction traffic shall be permitted to use Excaliber Place. Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 21SNO566 In Midlothian Magisterial District, Gray Westchester LLC requests rezoning from General Industrial (I-2) and Community Business (C-3) to Community Business (C-3) with conditional use to permit single family, townhouse, and multifamily uses plus conditional use planned development to permit exceptions to uses, ordinance requirements, and development standards and amendment of zoning district map on 333.6 acres fronting 2,450 feet on the north line of Midlothian Turnpike, 1,020 feet west of Watkins Centre Parkway, fronting 2,450 on the west line of Watkins Centre Parkway, 1,350 feet north of Midlothian Turnpike, and fronting 1,250 feet on the east line of Huguenot Springs Road, 2,500 feet north of the Midlothian Turnpike. Density will be controlled by zoning conditions or ordinance 21-527 8/25/2021 standards. The Comprehensive Plan suggests the property is appropriate for Regional Mixed Use and Low Density Residential (Maximum of 1 dwelling per acre) uses. Tax IDs 714-711-2160; 714-712-0284; 715-712-8474; and 715-714-4678. Mr. Harold Ellis presented a summary of Case 21SN0566 which is a proposed mixed-use development known as The Aire at Westchester. He stated the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Jeff Geiger, representing the applicant, stated HHHunt realized it could come up with a plan that worked with the topography and took advantage of the natural features of the land. He further stated within the project there will be a new promenade that will provide vistas over the county, and houses will be built with the topography and will also enjoy vistas over the county and the James River. He stated the new development will support the existing tax base in Westchester Commons, and new opportunities will be provided within the community. He further stated the vision for Watkins Centre hopefully will come to fruition as well. He provided details of outreach to and feedback from the neighbors to the west and stated proffers were developed to address their concerns. He further stated neighbors were also engaged relative to the installation of fences on their property, and the applicant remains committed to working with them as the development progresses. He stated it will take 10 to 15 years for the community to ultimately be built out. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. Ms. Haley stated she has been in conversation with the property owners for several years as they embarked on their quest to find the right developer to bring something unique to this fairly large piece of property. She further stated the Board is mindful of bringing in projects and a product that do not exist while also committing to revitalize the other aspects of the neighborhoods in the county's communities. She stated she has had good conversations with the homeowners along the west line of the property. She expressed appreciation to HHHunt and Mr. Geiger for the conversations they had directly with the homeowners about their specific concerns and needs. She further stated she was encouraged by the fact that she has not had constituents raising concerns and there was no opposition at the public hearing. She then made a motion, seconded by Mr. Winslow, for the Board to approve Case 21SN0566 subject to the following conditions: The Owners and the Developer (collectively, the "Developer") in this zoning case, pursuant to subsection 15.2-2296 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 development of the Property known as Chesterfield County Tax Identification Number 715-714-4678, 715-712-8474, 714-712-0284 and 714-711-2160 (the "Property") under consideration will be developed according to the 21-528 8/25/2021 following conditions if, and only if, the zoning request for rezoning to C-3, with a new conditional use planned development and a new conditional use are granted. In the event the request is denied or approved with conditions not agreed to by the Developer, the proffers and conditions shall immediately be null and void and of no further force or effect. If the zoning is granted, these proffers and conditions will supersede all proffers and conditions now existing on the Property. 1. Master Plan. The Textual Statement dated December 31, l\✓' 2020, last revised July 19, 2021, shall be considered the Master Plan. The Textual Statement includes illustrations and inspiration pictures to help illustrate the intent of the development requirements in the Textual Statement. These illustrations and inspiration pictures are conceptual in nature and the actual development of the project will vary in design, detail, appearance, and other features, subject to the written requirements in the Textual Statement and these proffered conditions. (P) 2. Density. For transportation purposes, the maximum density of this development shall be 330 single family units, 365 townhome (low-rise multi -family) units, 1,070 condominiums (low-rise multi -family) units, 450 apartments (mid -rise multi -family) units, 160,000 square feet of shopping center/retail, 4,000 square feet of drive-in bank,3,500 square feet of fast-food with drive- thru, super convenience store and 16 fueling positions, and an 80 room hotel, or equivalent density as determined by the Chesterfield County Transportation Department. (T) 3. Residential Density. The maximum residential density shall be 2,215 dwelling units. (P) 4. Age Restriction. Except as otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Act, and such other applicable federal, state or local legal requirements, dwelling units designated as age -restricted shall be restricted to "housing for older persons" as defined in the Housing for Older Persons Act of 1995, as amended, and shall have no persons under 19 years of age domiciled therein. (P) S. Housing for Older Persons. Any dwelling units designated as age restricted as defined in the proffered condition above shall be noted on the site plan or on any subdivision plat. Such dwelling units shall be grouped together as part of the same development. (P) 6. Stormwater. For stormwater systems designed to drain to the east under Route 288 and into the Founders Bridge subdivision, the following requirements shall apply: (EE) A. The maximum post -development discharge rate for the 100 -year storm shall be based on the maximum capacity of the existing facilities downstream and shall not increase the recorded and /or established 100 -year backwater and /or floodplain. B. On -Site detention of the post -development 100 -year discharge rate to below the pre -development 100- year 21-529 8/25/2021 discharge rate may be provided to satisfy this requirement. 7. Utilities. (U) A. Public water and wastewater systems shall be used. B. Prior to any tentative subdivision plan or site plan approval, whichever occurs first, a wastewater system hydraulic analysis shall be performed to i verify that adequate capacity exists to support the proposed uses. Any capacity related improvements required to support the demands of this project Proffered Conditions (7/19/21) Gray Westchester LLC 21SNO566 Page 26 of 64 shall be reflected on the site or tentative subdivision plan and will be the responsibility of the property owner. C. A multi -use trail may be located within sewer easements located in a greenway (as defined in the accompanying Textual Statement) or other resource protection areas. The exact location, width, design and material(s) to be used for this trail shall be shown on the site plan or subdivision plat submitted and is subject to review and approval by the Directors of Environmental Engineering and Utilities, or their designee. Prior to construction of the multi -use trail, the owner shall enter into all applicable agreements necessary to allow the encroachments within any areas of interest to, or regulatory authority of, Chesterfield County. D. Prior to any tentative subdivision plan or site plan approval, whichever occurs first, a utility plan for the Property shall be submitted to and approved by the Utilities Department (the "Utilities Master Plan"). Utilities for this development, and phasing thereof, shall conform to the approved Utilities Master Plan or as otherwise approved by the Utilities Department. E. Following the approval of a Utilities Master Plan, upon request of the County, access to the property and easements shall be provided, at no cost on standard County documents, in the location of the improvements shown on the approved Utilities Master Plan, for the construction of public waterlines and wastewater lines independent of the timing of this development. 8. Dedication. The following rights-of-way shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County prior to or in conjunction with recordation of the initial subdivision plat or any final site plan approval, whichever occurs first, within the Land Bay that has frontage along an applicable right-of- way dedication obligation listed below, or within sixty (60) days from a written request by the Transportation Department. The exact location of these rights-of-way shall be approved by the Transportation Department. (T) 21-530 8/25/2021 A. Ninety (90) foot wide right-of-way for the proposed north/south major arterial ("Road A") from Midlothian Turnpike (Route 60) to the east/west major arterial ("Road B"). B. Eighty (80) foot wide right-of-way for the east/west major arterial ("Road B") from Watkins Centre Parkway to Huguenot Springs Road. C. Forty-five (45) foot right-of-way from the Le centerline of Huguenot Springs Road along that part of Huguenot Springs Road immediately adjacent to the Property. If requested by the owner and accepted by the Transportation Department, the above right-of-way dedications may be phased in accordance with an approved phasing plan. Prior to any tentative subdivision plan or site plan approval, whichever occurs first, a phasing plan for the proffered right-of-way dedications shall be submitted to and approved by the Transportation Department 9. Access. (P,T) A. No direct vehicular access, except for Road B and access for emergency or construction traffic as needed, shall be provided from the Property to Huguenot Springs Road. B. Prior to any site plan or tentative subdivision plan approval for each Land Bay (A, B, C), whichever occurs first, an access plan from the Property to Ll Route 60, Road A, and/or Road B shall be submitted to and approved by the Transportation Department. Access from adjacent Land Bay(s) of the Property to the applicable portions of Route 60, Road A, and Road B shall conform to the approved access plan. 21-531 8/25/2021 10. Road Improvements. To provide an adequate roadway system, the Developer shall be responsible for the following improvements. If any of the improvements are provided by others, as determined by the Transportation Department, then the specific required improvement shall no longer be required of the Gray Westchester LLC 21SN0566 Page 27 of 64 Developer. The exact design and length of these improvements shall be approved by the Transportation Department. (T) A. Construction of a 4 -lane divided road built to VDOT Urban Minor Arterial standards (35 mph), with modifications approved by the Transportation Department, for Road A from Route 60 to Road B. B. Construction of a 2 -lane road built to VDOT Urban Minor Arterial standards (35 mph), with modifications approved by the Transportation Department, for Road B from Watkins Centre Parkway to Huguenot Springs Road. 21-531 8/25/2021 C. Construction of a VDOT approved intersection control (roundabout, traffic signal, or other) at the intersection of Road A and Road B as and when approved by VDOT. [Note: It is anticipated the owner will provide a roundabout at this location if approved by VDOT.] D. Construction of a new crossover at Road A's intersection with Route 60, if approved by VDOT, with a new right turn lane into Road A from westbound Route 60, a new left turn lane into Road A from eastbound Route 60, and a new left turn lane from westbound Route 60. E. Construction of additional pavement along Road A at its intersection with Route 60 to provide a 6 -lane typical section with Route 60 (i.e. 2 northbound lanes, 2 southbound left turn lanes, 1 southbound through lane and 1 southbound right turn lane, unless otherwise approved by the Transportation Department). F. Construction of VDOT approved intersection control (traffic signal, roundabout, restrictive crossover, or other) at Road A's intersection with Route 60 if warranted and approved by VDOT. G. Construction of additional pavement along the westbound lanes of Route 60 for the entire Property frontage to provide four (4) thru lanes with the modifications approved by the Transportation Department. [Note: This widening is in addition to i any turn lanes required for Road A or any other J approved access to Route 60.1 H. Construction of additional pavement along Huguenot Springs Road at the Road B intersection to provide a left turn lane from southbound Huguenot Springs Road into Road B and a right turn lane from northbound Huguenot Springs Road into Road B. These turn lanes will not be required if a roundabout is installed at this intersection. I. Construction of VDOT approved intersection control (traffic signal, roundabout, restrictive crossover, or other) at Road B's intersection with Huguenot Springs Road if warranted and approved by VDOT. J. Improvement/ widening of the east side of Huguenot Springs Road for the entire Property frontage to an eleven (11) foot wide travel lane, as measured from the centerline of the existing pavement, with an additional four (4) foot wide paved shoulder and overlaying the full width of Huguenot Springs Road with one and one-half (1.5) inches of compacted bituminous asphalt concrete, with modifications approved by the Transportation Department. K. Turn lanes at access points along Road A (between its intersection with Route 60 and its intersection 21-532 8/25/2021 with Road B) and Road B shall only be required if a VDOT turn lane analysis warrants the provision of the turn lane. L. Dedication to Chesterfield County or VDOT, as applicable, 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 in Proffered Condition 10.D (Route 60/Road A Median Crossover and Turn Lanes), 10.F. (Intersection Control Road A/Route 60), 10.G. (Additional pavement Route 60), 10.H. (Turn lanes along Huguenot Springs Road at Road B), and 10. 1. (Intersection control Road B/Huguenot Springs Road), 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 approved and 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 and the road improvements provided within available right of way shall be deemed to satisfy the applicable requirement in this Proffered Condition 10. In the event there is not enough right-of-way for the required improvement, the Developer shall be relieved of its associated obligation under this Section to provide the improvement for which there is not enough right-of-way. M. Construction of a pedestrian connection to the parcel of land identified as GPIN 715-712-3410 on the County's Tax Map in a location to be determined at the time of site plan or subdivision plan review and approval for the portion of the Property adjacent to GPIN 715-712-3410. 11. Phasing Plan. Prior to any site plan or tentative subdivision plan approval, whichever occurs first, a phasing plan for the required road improvements set forth in the Road Improvements (Proffered Condition 10) shall be submitted to and approved by the Transportation Department. This phasing plan may phase the improvements among the three (3) land bays set forth in the accompanying Textual Statement and may also phase the improvements in accordance with the development pattern within each of the three (3) land bay plans. This approved phasing plan may be subsequently amended with the approval of the Transportation Department. (P,T) 12. Restrictive Covenant. At a minimum, the restrictive covenants shall contain language that addresses the following issues. Such restrictive covenants shall be recorded prior to, or in conjunction with, the recordation 21-533 8/25/2021 of any subdivision plat and/or site plan that are adjacent to the following Chesterfield County Tax Identification Numbers 713-713-3477, 713-714-1250, 713-715-2505, 713- 715-9894, 714-715-0732, 714-715-3790, 714-716- 5343, 714- 716-6785, 714-717-9430, 715-717-3158, and 713-713-0255: (P) A. In Land Bay A and Land Bay C, a minimum of fifty (50) feet of natural buffer shall be provided along the property line that is shared in common with the Property and any of the parcels listed above (the "Natural Buffer"). The Natural Buffer area may be located within a lot so long as an easement benefiting the Property Owners' Association is placed in the same area as the Natural Buffer area and this easement restricts the use of the Natural Buffer area upon the same terms as this paragraph with the Property Owners' Association provided enforcement rights by fines, liens and specific performance. This natural buffer area shall be retained and maintained in its natural state (i.e. no improvements constructed or installed within), except for only the following permitted activities: (i) the removal of dead or diseased trees or vegetation, (ii) the removal of trees or vegetation damaged by storms, and (iii) the location of utility, drainage, or slope easements, not exceeding 151 in width, together with associated clearing and grading as required for the improvements associated with these easements and provided that these easements are located through the natural buffer area at an angle and neither perpendicular to the buffer area nor parallel with the buffer area. For clarity, linear utility easements along the length of the buffer area are not permitted. B. In Land Bay C, a marker noting the location of the eastern boundary line of the Natural Buffer shall be placed in the general location where a lot line intersects with the eastern boundary line of the Natural Buffer. C. In Land Bay C, lots that share a rear property line with the parcels listed above shall be used only for single family detached homes with a minimum lot width of seventy-five feet (75'). D. In Land Bay C, Townhomes, Condominiums, and Duplexes shall not be permitted within two hundred feet (200') of the property line that is shared in common with the Property and any of the parcels listed above adjoining Land Bay C. E. A separate deed restriction shall be recorded identifying that no more than two (2) lots (or portions thereof) shall be located within the developable area north of the resource protection area located in close proximity to GPIN 714-717-9430 and bounded on the west by the fifty foot (501) wide natural buffer area adjoining GPIN 714-717-9430 and 21-534 8/25/2021 on the east by the two hundred foot (200') setback along Route 288. 13. Apartment 3 -Bedroom Units. The total number of any three bedroom apartment units in a building shall not exceed twelve percent (12%) of the total number of apartment units in the building. (P) 14. Amenities. At a minimum the project will include the following amenities: a clubhouse, an open air pavilion, a park, a fire pit area and an outdoor cooking area. (P) Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 17. PUBLIC HEARINGS 17.A. TO ADOPT AN ORDINANCE TO VACATE A PORTION OF A 50' UNIMPROVED RIGHT OF WAY KNOWN AS CBATSWORTH AVENUE WITHIN BON AIR Mr. Dean Sasek, Real Property Manager, stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to vacate a portion of a 50 -foot unimproved right of way known as Chatsworth Avenue within Bon Air. He further stated the applicants, Mr. James A. Johnson and Ms. Jacqueline Johnson, own the adjoining parcels, and they intend to consolidate them to create a buildable parcel. He stated the request has been reviewed by staff who recommended approval. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Haley, seconded by Mr. Winslow, the Board adopted the following ordinance: 21-535 8/25/2021 AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to JAMES A. JOHNSON and JACQUELINE R. JOHNSON, ("GRANTEE"), a portion of a 50' unimproved right of way known as Chatsworth Avenue, also known as Chatsworth Street, within Bon Air Subdivision, MIDLOTHIAN Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office, Circuit Court, Chesterfield County, Virginia in Plat Book 3, at Pages 51 and 65. WHEREAS, James A. Johnson and Jacqueline R. Johnson petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 50' unimproved right of way known as Chatsworth Avenue, also known as Chatsworth Street, within Bon Air Subdivision, MIDLOTHIAN Magisterial District, 21-535 8/25/2021 Chesterfield County, Virginia more particularly shown on a plat of record in the Clerks Office of the Circuit Court of said County in Plat Book 3, Pages 51 and 65, by BERKLEY & SCHMIDT, dated JANUARY 1912. The portion of right of way petitioned to be vacated is more fully described as follows: A portion of a 50' unimproved right of way known as Chatsworth Avenue, also known as Chatsworth Street, within Bon Air Subdivision, the location of which is more fully shown on the attached sketch. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portion of right of way sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid right of way and easement be and are hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the sketch attached hereto shall be recorded no sooner than thirty days hereafter in the Clerks Office, Circuit Court, Chesterfield County, Virginia pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portion of the plat vacated. Since the portion of the right of way hereby vacated is located on the periphery of the plat, this ordinance shall vest fee simple title to the entire portion of right of way hereby vacated in the property owner of Block D, within Bon Air Subdivision, free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the name of the GRANTOR and GRANTEE, or their successors in title. Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 17.B. TO CONSIDER LEASE AND FBO AGREEMENT AMENDMENTS WITH DOMINION AVIATION SERVICES, INC. AND LEASE ASSIGNMENT AMENDMENTS WITH SG AIR LLC FOR LOCATION AND CONSTRUCTION OF AIRCRAFT HANGARS AT THE CHESTERFIELD COUNTY AIRPORT Mr. Clay Bowles, Director of General Services, stated this date and time has been advertised for a public hearing for the Board to consider lease and FBO Agreement amendments with Dominion Aviation Services, Inc. and Lease Assignment amendments with 21-536 8/25/2021 On motion of Ms. Haley, seconded by Mr. Winslow, the Board approved (1) a First Lease Amendment with 5G Air, LLC, assignee, to the Deed of Lease and Lease Agreement dated March 1, 2019 between the County as lessor and Innovation Hangar, Inc. to change the leased premises from North Ramp hangar pad site 4 to North Ramp hangar pad site 3; and (2) a Lease Amendment with Dominion Aviation Services, Inc. to the Deed of Lease and Lease Agreement dated February 1, 2020 and a First Amendment to the Amended and Restated FBO Services and Lease Agreement with Dominion Aviation Services, Inc. dated February 1, 2020 to change the leased premises from North Ramp hangar pad site 3 to North Ramp hangar pad site 4. And, further, the Board approved extending the respective deadlines for construction of SG Air's and Dominion Aviation Services' hangars by six months and authorized the County Administrator to further extend the deadlines, with appropriate justification and documentation, until construction is complete E should unavoidable delays impact either project. (~+ Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 21-537 8/25/2021 5G Air LLC for location and construction of aircraft hangars at the Chesterfield County Airport. He further stated the lease and FBO services agreements with Dominion Aviation Services, Inc. (DAS) approved the construction of a hangar on North Ramp pad site 3 with a deadline of August 1, 2021. He stated while DAS has made progress on planning and design of the hangar, recent aircraft orders necessitated increasing the size of the hangar from 10,000 square feet to 14,400 square feet to provide additional storage space. He further stated design and plans are having to be adjusted and re -reviewed by Community Development and, accordingly, DAS has requested an extension of the completion deadline. He stated the lease assignment with SG Air LLC (5G) approved the construction of a hangar on North Ramp pad site 4 with a deadline of May 1, 2022. He further stated the hangar will be at least 10,000 square feet and 5G has initiated planning and design. He stated while there are no known delays at this time, a real possibility exists based on existing challenges with obtaining materials such as steel and roofing products. He further stated staff initiated discussions with both lessees regarding potentially exchanging pad sites which would benefit both parties. He stated 5G's hangars would be directly next to each other on pad sites 1, 2 and 3, allowing for easier operational coordination on the ramp in front of the hangars, and DAS would be able to taxi aircraft directly to their hangar without having to move through ramp space coordinated by others. He further stated as part of this item, the Board would extend the construction deadline for both lessees by six months and grant the County Administrator the authority to further extend the deadline, with appropriate justification and documentation, until construction is complete should unavoidable delays impact either project. He stated staff recommended approval. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Haley, seconded by Mr. Winslow, the Board approved (1) a First Lease Amendment with 5G Air, LLC, assignee, to the Deed of Lease and Lease Agreement dated March 1, 2019 between the County as lessor and Innovation Hangar, Inc. to change the leased premises from North Ramp hangar pad site 4 to North Ramp hangar pad site 3; and (2) a Lease Amendment with Dominion Aviation Services, Inc. to the Deed of Lease and Lease Agreement dated February 1, 2020 and a First Amendment to the Amended and Restated FBO Services and Lease Agreement with Dominion Aviation Services, Inc. dated February 1, 2020 to change the leased premises from North Ramp hangar pad site 3 to North Ramp hangar pad site 4. And, further, the Board approved extending the respective deadlines for construction of SG Air's and Dominion Aviation Services' hangars by six months and authorized the County Administrator to further extend the deadlines, with appropriate justification and documentation, until construction is complete E should unavoidable delays impact either project. (~+ Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 21-537 8/25/2021 17.C. TO CONSIDER AN ORDINANCE TO ASSESS $5.00 IN COURT COSTS FOR TRAFFIC AND CRIMINAL CASES TO BE USED TO FUND THE POLICE DEPARTMENT'S ELECTRONIC SUMMONS SYSTEM Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to assess $5.00 in court costs for traffic and criminal cases to be used to fund the Police Department's Electronic Summons System. He stated the system will make it easier for officers j to create summonses and there will be less room for error. J Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Winslow, seconded by Ms. Haley, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING ARTICLE IX. - ASSESSMENT OF FEES IN CRIMINAL AND TRAFFIC CASES, SECTION 9-131, RELATED TO IMPOSED; AMOUNT; COLLECTION; APPLICATION BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Article IX., Section 9-131, of the Code of the County of Chesterfield, 1997, as amended, is amended, and re-enacted to read as follows: j J ARTICLE IX. - ASSESSMENT OF FEES OR COSTS IN CRIMINAL AND TRAFFIC CASES [5) Sec. 9-131. - Imposed; amount; collection; application. (a) (1) Pursuant to Code of Virginia, § 14.1-133.2, the county hereby assesses, as part of the costs incident to each criminal and traffic case brought in the general district or circuit courts of the county, the sum of $2.00. (2) Such assessments shall be collected by the clerk of the court in which the action is filed and shall be remitted to the treasurer. The assessments may be disbursed by the board of supervisors for the construction, renovation or maintenance of the courthouse, jail or court -related facilities and to defray increases in the cost of heating, cooling, electricity and ordinary maintenance. j (b) (1) Pursuant to Code of Virginia § 17.1-279.1, the i county hereby assesses, as part of the costs incident to each criminal and traffic case brought in the general district or circuit courts of the County, the sum of $5.00. 21-538 8/25/2021 (2) Such assessment shall be collected by the clerk of the court in which the action is filed and shall be remitted to the treasurer and held by the treasurer subject to disbursement by the board of supervisors to the police department solely to fund software, hardware, and associated equipment costs for the implementation and maintenance of an electronic summons system. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 17.D. TO CONSIDER CODE AMENI SPECIAL DESIGN DISTRIC AND COMMERCIAL USES COUNTYWIDE Mr. Steve Haasch stated this date and time has been advertised for a public hearing for the Board to consider an ordinance amendment relative to Midlothian Special Design District and Parking for Certain Office and Commercial Uses Countywide (20PJ0121). He reviewed the history and formation of the Midlothian Special Area Plan. He provided details of community outreach and Planning Commission work sessions on the draft ordinance. He stated the draft ordinance before the Board addresses Office, Commercial, Multifamily, and Mixed Use development and is a substantial revision of the existing standards for the area, providing greater protections for the village. He reviewed the general standards addressed in the draft, the ordinance's purpose and intent, and the area covered by the ordinance. He provided details of setbacks, architectural treatment and styles, building design and height, bicycle and pedestrian access, hardscaped pedestrian areas, streetscaping, common area requirements, connectivity and vehicular access, automobile -oriented uses, and ground and deck parking. He then summarized design controls for mixed use and multifamily development. In response to Mr. Winslow's question relative to impervious areas and an analysis of a net gain or loss of green space, Mr. Haasch stated the ordinance enables the developer to be creative in providing open space. He further stated either way there will be a green component to it, whether it is a more formal, hardscaped area like a plaza or a more grassy, less programmed area. He discussed urban forms of stormwater impoundment. Ms. Haley stated incoming developments are already talking about the uniqueness of having the capacity to interact with and connect to trailways. She further stated connectivity relates to green space and walkability. In response to Mr. Winslow's question relative promoting structured parking and offering incentives, Mr. Haasch stated deck parking would be encouraged by allowing the developer to build above three stories. He further stated there would be no 21-539 8/25/2021 financial incentives. He stated from a Comprehensive Plan standpoint, encouraging deck parking in activity centers throughout the county would be great, but that is a different policy discussion about how to make that happen. He further stated it is much more expensive than a traditional service parking lot, but as the county continues to evolve it will need to get there. Mr. Winslow stated the ordinance addresses connecting to public transit which he commended. Mr. Haasch stated he believes there is a Route 60 bus study either launching soon or currently under way. Mr. Holland called for public comment. Ms. Jane Harrell expressed concerns relative to the application of the building design requirements and the process by which exceptions would be considered. She stated as drafted, it appears the only way to get an exception would be through the lengthy conditional use planned development process. She suggested amending the ordinance to allow the Planning Commission to vet exception requests. Mr. Joseph Boisseau, owner of Spiritos School on Coalfield Road, stated he supports any change that would give him more flexibility to develop his property. Mr. William Shewmake asked for more time to work on language giving the Director of Planning more leeway or having an appeal to the Planning Commission. He expressed concerns relative to requiring conditions in areas over which a landowner has no legal control. There being no one else to speak to the issue, the public hearing was closed. Ms. Haley stated this process began five and a half years ago, and many citizens and staff have been involved. She further stated the draft ordinance is so close, but she wanted a little more time to polish it off and make sure it is as good as it can be. Ms. Haley then made a motion, seconded by Mr. Winslow, for the Board to defer the matter for thirty days. Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 17.E. TO CONSIDER AMENDING COUNTY CODE 4 11-5 DUMPING OUTSIDE WITHOUT CONSENT OF LANDOWNER TO INCREASE PENALTY Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider an ordinance amending County Code Section 11-S relative to increasing the penalty for dumping outside without the consent of the landowner. He further stated the amendment is a result of a 21-540 8/25/2021 state law change that increased the minimum fine from $250 to $500, and the amendment will conform the county's ordinance to the state law. He stated this ordinance is used infrequently, but it is helpful if needed. In response to Mr. Winslow's question relative to the maximum amount a county can charge, Mr. Mincks stated the maximum is $2,500, but the county has never gotten to that point for an offense like this. He further stated the county generally seeks compliance. Mr. Winslow expressed his frustration with dumping and stated he would entertain a discussion about a higher penalty that comes closer to the maximum. Mr. Mincks recommended adopting the amendments as written to bring the ordinance into conformance with state law and then having discussions with Code Enforcement to explore other options which could be brought to the Board at a later date. Mr. Holland called for public comment. Ms. Renae Eldred expressed concerns relative to the number of community service hours being too low to actually discourage dumping. There being no one else to speak to the issue, the public hearing was closed. Mr. Carroll concurred with the suggestion to increase the community service hours. He suggested giving the court flexibility to determine a number of hours commensurate with the severity of the offense. Mr. Mincks suggested adopting the ordinance as written and then consider the adoption of heightened penalties, to the extent permitted by state law, at a later date. On motion of Mr. Carroll, seconded by Ms. Haley, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 11-5 RELATING TO DUMPING OUTSIDE WITHOUT WRITTEN CONSENT OF LANDOWNER BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section I1-5 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 11-5. - Same - Dumping outside without written consent of landowner. (a) No person shall dump any waste material, including abandoned automobiles, at any place in the county outside of the sanitary landfills and sanitary containers established by the county, except with 21-541 8/25/2021 the written consent of the owner of the land upon which the waste material is dumped. (b) Any person convicted of a violation of this section is guilty of a misdemeanor punishable by confinement in jail for not more than 12 months and a fine of not less than $500 or more than $2,500, either or both. In lieu of the imposition of confinement in jail, the county may request that the court order the defendant to perform a mandatory minimum of 10 hours of community service in litter abatement activities. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 17.F. TO CONSIDER APPROPRIATION OF TRANSFER OF UP TO $20 MILLION TO THE ECONOMIC DEVELOPMENT AUTHORITY FOR FUTURE LAND PURCHASES Mr. Garrett Hart, Director of Economic Development stated this date and time has been advertised for a public hearing for the Board to consider the transfer of up to $20 million to the Economic Development Authority (EDA) for future land purchases. He further stated at the Board's direction, it is the ERA's intent to purchase two properties: the former clubhouse at River's Bend Golf Course known as Adaline Acres and the Spring Rock Green shopping center. Mr. Matt Harris provided the Board with details of the actual land purchase which he stated will be cash funded. He further stated the land transaction does not cover some needed core infrastructure improvements which will require a small financing in the $12- to $14 -million range. He stated the costs will be paid by taxes generated from the economic activity on the site. With regard to the purchase of the land, he stated the revolving loan fund would be paid back as the county sells land to development partners. Mr. Holland called for public comment. Ms. Julie Koob expressed concerns relative to the development of the boat ramp at Adaline Acres, increased traffic, and use of the existing cart path. Dr. Casey stated Mr. Ingle would be watching the meeting and listening to the public comments. He further stated this action is the beginning of the process to purchase the land at Adaline Acres. He stated the whole area is worthy of having a community meeting with the neighborhood and the greater Enon area for all the points raised by Ms. Koch. He further stated one of the reasons for the transaction is the state's action to have Dominion Energy's coal ash moved which directly impacts access to Henricus. He stated the county would work with the residents of Adaline Acres and try to accommodate them during the 21-542 8/25/2021 J J construction period. He further stated the county does not know what the roles will be and how they will be after the road is On motion of Ms. Haley, seconded by Mr. Winslow, the Board approved the transfer of up to $20 million to the Economic Development Authority to support the purchase of properties commonly known as Spring Rock Green and Adaline Acres. Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining manufactured home permits and zoning requests. 19. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. On motion of Ms. Haley, seconded by Mr. Winslow, the Board adjourned at 8:16 p.m. until September 22, 2021, at 2:00 p.m. for a work session to be held in the Public Meeting Room. Ayes: Holland, Winslow, Carroll and Haley. Na vaNnne. 21-543 8/25/2021 constructed, but Hogan's Alley will still be a dead-end street. He stated if the community wants the ingress into the clubhouse to be converted to a cul-de-sac, that may be part of the discussions. He discussed acquisition of the property, due diligence to determine a fair value transaction, and discussions with the community to position them for success both now and after the road opens. There being no one else to speak to the issue, the public hearing was closed. On motion of Ms. Haley, seconded by Mr. Winslow, the Board approved the transfer of up to $20 million to the Economic Development Authority to support the purchase of properties commonly known as Spring Rock Green and Adaline Acres. Ayes: Holland, Winslow, Carroll and Haley. Nays: None. Absent: Ingle. 18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining manufactured home permits and zoning requests. 19. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. On motion of Ms. Haley, seconded by Mr. Winslow, the Board adjourned at 8:16 p.m. until September 22, 2021, at 2:00 p.m. for a work session to be held in the Public Meeting Room. Ayes: Holland, Winslow, Carroll and Haley. Na vaNnne. 21-543 8/25/2021 Attachment A Board of Supervisors Meeting August 25, 2021 Citizen Comments on Unscheduled Matters and Public Hearings Comment Date First Name Last Name District Category Comments 8/23/2021 Albert Meyer Midlothian Consider Midlothian -Chippenham Appropriatio Gateway Development. n of Transfer Five "P's" = Pretty, of up to $20 practical, & profitable. Million to the Prime the Pump! with a Economic $16 million investment Development from the Chesterfield Authority for Economic Development Future Land Authority, the plan Purchases makes sense and following the advice of the consultants will fit the historic growth of Chesterfield since the late 1960's. Pass the Ordinance, we'll all share in the benefits of the vision continuing Chesterfield as a First Class Community in which to Live, Work & Play. Connecting the dots over the last 50 years in Chesterfield: Population growth from1970to 2021 was 80 to 360 thousand the span I have personally witnessed. We have developed wonderful schools, healthcare facilities, and business enterprises. Infrastructure to accommodate this huge growth in population: service industries, parks, sports facilities. Now is the time to connect the dots, combining all the locational advantages of this historical springs site as THE place to Live, Work & Play. Submitted by Albert J Meyer, Jr Civic Volunteer Retired Real Estate Broker Member (1991-1993) of Metropolitan Economic Development Council 21-544 8/25/2021 V j Attachment A Board of Supervisors Meeting August 25, 2021 Citizen Comments on Unscheduled Matters and Public Hearings Comment Date First Name Last Name District Category Comments 8/24/2021 Jay Lafler Clover Hill Consider am an active and Appropriatio involved resident of n of Transfer Chesterfield County.I of up to $20 also am Chairman of the Million to the Chippenham CDA., Economic It is a true pleasure to Development see the County stepping Authority for up with the bold moves Future Land on the purchase of land Purchases and assets with the thoughts and plans for improvements. The Eastern Midlothian CDA speaks for itself! Great planning for our future! 8/24/2021 Jevonte Blount Bermuda Consider For the longest time,I Appropriatio couldn't picture myself n of Transfer staying in Chesterfield of up to $20 long term. There Million to the weren't enough Economic restaurants or fun Development places to meet up with Authority for friends. The Future Land announcement of the Purchases new development at the corner of Midlothian Turnpike and Chippenham Parkway really opened my eyes to the idea of staying in the County. It's sounds like it will be a great place to live, plus you can't beat being within walking distance of new restaurants, shops, and entertainment venues. We just don't have anything like this in Chesterfield right now. 21-545 8/25/2021