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2018-12-12 MinutesCEJ BOARD OF SUPERVISORS MINUTES December 12, 2018 Supervisors in Attendance: Ms. Dorothy A. Jaeckle, Chair Ms. Leslie A. T. Haley, Vice Chair Mr. Christopher M. Winslow Mr. James M. Holland Mr. Stephen A. Elswick Dr. Joseph P. Casey County Administrator Ms. Jaeckle called the meeting to order at 2:00 p.m. 1. APPROVAL OF MINUTES FOR NOVEMBER 14, 2018 On motion of Mr. Holland, seconded by Mr. Winslow, the Board approved the minutes of November 14, 2018, as submitted. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 2. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Ms. Haley, seconded by Mr. Holland, the Board replaced Item 14.A., Deferred Item to Consider the Initiation of an Application for Rezoning to Permit a New Fire Station (Ettrick Fire Station), Elementary School (Ettrick Elementary) and Neighborhood Park Plus Exceptions to Ordinance Requirements on Property Located on Chesterfield Avenue, James Street, Rutledge Avenue and Adjacent Rights -of - Way to be Vacated, and approved the agenda, as amended. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 3. WORK SESSIONS 3.A. EVERY DAY EXCELLENCE - POLICE DEPARTMENT'S VALOR AWARD WINNERS Lieutenant Colonel Dan Kelly recognized Sergeant Jeffrey A. Kencitzski and Master Officer Shawn V. Beach who were recently honored at the Retail Merchant Association's 28th Annual Valor Awards. He stated on December 27, 2017, Sergeant Kencitzski and Master Officer Beach responded to a suicidal subject who had fired off multiple rounds inside his home. He further stated Sergeant Kencizski and Master Officer Beach demonstrated heroism and valor through their willingness to put themselves in harm's way to protect the surrounding community. Board members highly praised Sergeant Jeffrey A. Kencitzski and Master Officer Shawn V. Beach for their bravery and continued obligation to protect and serve the citizens of Chesterfield County. 18-749 12/12/18 3.B. SCHOOLS MAJOR MAINTENANCE Ms. Cristina Berta, Chief Financial Officer for Chesterfield County Public Schools, accompanied by Superintendent Dr. Mervin Daugherty, Ms. Nina Mensia-Joseph, Chief Operations Officer, and Mr. John Erbach, School Board Chairman, presented an update to the Board of Supervisors on the planning efforts related to the major maintenance of school facilities ahead of the initial school capital improvement plan (CIP) discussion in January, as well as discussion on work that is underway, proposed plans for the remainder of FY2019 and a path for FY2020 and beyond. Ms. Berta began the presentation by stating based on the Facility Condition Assessment (FCA), the immediate issues identified total $57.3 million. She further stated projects completed or in progress in 2018 that were included in the 2017 FCA include James River High School roof and repoint brick; Grange Hall Elementary School rooftop unit replacements k -pod; CTC -Courthouse chiller replacement; and Falling Creek Middle School - replacement of three -unit ventilators. She stated other major maintenance projects not included in the 2017 FCA include Swift Creek Middle School sprinkler addition to music rooms and kiln venting (in progress); Thomas Dale High School - upgrade stage lighting; Cosby High School - BAS pump controllers; and Clover Hill High School rebuilt of 2 chillers. In response to Mr. Elswick's question regarding the Thomas Dale High School upgrade of stage lighting, Ms. Berta stated projects that have a $50,000 or greater cost and have a life of the bond component are included in the Schools' Capital Improvement Plan. Discussion ensued relative to consideration of components of project upgrades as critical maintenance issues. Ms. Berta continued her presentation by briefly reviewing projects identified in the 2017 FCA currently underway. She stated currently, there is approximately $14.2 million available within the school division's major maintenance portion of the Capital Improvement Plan. She further stated projects for consideration to address with funding currently available to the school division include safety and security projects (complete exterior door selected hardware replacement, access controls, continue CoreMax Key system installation parts, etc.); FCA projects (masonry walls and slabs, HVAC chillers, pneumatics, water source heat pumps, boilers, immediate refurbishment to highest FCI/FCA school, etc.); other projects (gym wall pads, grandstand repairs, light pole repairs, etc.); and $1.0 million reserve for contingency. Mr. Winslow expressed his approval of the projects currently underway and stated school safety is major maintenance to a large degree. In response to Mr. Winslow's question, Ms. Mensia-Joseph stated the CoreMax Key system installation will be completed through the 2017 FCA expenditure. 18-750 12/12/18 P] It 14 A Ms. Berta continued her presentation by reviewing the Five - Year Plan (FY2019) as presented during last year's budget process. In response to Ms. Jaeckle's question, Ms. Berta stated the school division had to increase funding for debt service in FY2020 to accommodate for the changes that were made in FY2019 Capital Improvement Plan with regard to rebuilds. She further stated the ability to pay for the debt was nearly impossible. Ms. Berta continued her presentation by stating with use of current planned funding and any additional funding that may be available, the school division anticipates the ability to address the eminent/"catch-up" FCA projects by the end of FY2023. She further stated in FY2023, the division anticipates the ability to move towards a replacement cycle program to address major maintenance needs on a perpetual basis. She stated potential sources of additional funding include: re -appropriation of additional funding from FY2018 year end results to support FCA projects prior to the end of FY2019; and appropriation of risk management reserve from the school operating fund to address projects that assist in mitigating safety issues that could cause potential risk/worker compensation claims. She stated with the Supplemental Retirement Plan slope downward, it is possible to distribute those funds to the major maintenance program in an effort to increase pay -go funding. She further stated potential funding from the next bond referendum will be dedicated to the major maintenance. Mr. Elswick stated he hopes the Governor's plan to increase education funding will also be used towards major maintenance in FY2020. Discussion ensued relative to Schools' key financials funding report forecast for FY2020-2023 required Supplemental Retirement Program contributions as well as potential funding versus imminent FCA major maintenance. In closing, Ms. Berta stated the school division will be using an automated tracking mechanism to monitor work completed and the work in queue to be completed in future years. She further stated this will allow the division to have links in the work order system and the ability to show when work is scheduled and completed. She noted a delay in the timeline due to weather; however, information should be logged into the system as soon as possible. In response to Ms. Haley's question, Ms. Berta stated the software also incorporates capital forecasting in order to develop a longer -range plan for ongoing major maintenance needs based on the report and additional requests identified for the school division. Ms. Mensia-Joseph stated a person has been assigned to incorporate current work orders and projects ongoing. She further stated the division had an idea of major maintenance issues prior to the study by EMG. Discussion ensued relative to the allocation of $57.3 million for major maintenance and project groupings. 18-751 12/12/18 Dr. Casey noted the county's Capital Improvement Plan will be presented to illustrate major maintenance at the 2.5 percent goal. He stated the allocation of school projects will be monitored and if there are other items that need repairing or replacing those need to be disclosed as to why they are advancing into the short-term. Ms. Jaeckle stated she is pleased to see a plan that illustrates the lifespan of a system and the necessary budget to replace it; however, it is hard to judge an approximate lifespan of an apparatus. Dr. Daugherty expressed his appreciation to Dr. Casey and county staff for their collaboration and transparency throughout the process to identify potential funding sources that could be reallocated towards facility projects. In response to Mr. Holland's question, Ms. Berta stated there are about $15 million in major maintenance projects left in FY2023 to complete the $57.3 million allocation. Mr. Holland requested that staff work with the school division to produce further documentation on major maintenance needs and provide reports on school construction to Board members. He noted when data is reported transparently, decisions can be made knowing issues have not been forgotten. Mr. Matt Harris, Deputy County Administrator, stated the presentation made by the school division has provided a good baseline approach to addressing the backlog of major maintenance needs. He noted a revision to the existing plan could be presented to the Board to identify funding sources that could be reallocated towards specific critical maintenance. He further stated the school division will work closely with county staff to ensure critical projects are dealt with in a proactive and urgent manner. Discussion ensued relative to the software package that will incorporate capital forecasting to develop a longer -range plan for ongoing major maintenance needs. In response to Mr. Elswick's question, Ms. Berta stated the $2.3 million risk reserve was dedicated to address projects that assist in mitigating safety issues. Discussion ensued relative to $14.2 million planned use of current available funding for designated projects. 3.C. NORTHERN JEFFERSON DAVIS IMPLEMENTATION STEERING COMMITTEE REPORT Mr. Gib Sloan, Chair of the Planning Commission, accompanied by Mr. Matt Harris, provided an update to the Board of Supervisors regarding the Northern Jefferson Davis Implementation Steering Committee, specifically recommendations as part of the implementation of the recently adopted Northern Jefferson Davis Special Area Plan. Mr. Sloan stated the steering committee is comprised of developers, citizens, and county staff, who he thanked and commended for their efforts relative to the plan. He then highlighted 18-752 12/12/18 It P] actions underway which include 1/301 Department of Public Transit Study; hiring of Housing and Development Coordinator; Route 1 Sidewalk: Marina Drive to Merriewood Road, Merriewood Road to Elliham Ave, Food Lion to Falling Creek Bridge, and Gettings Lane to Dwight Avenue; and Bensley Park improvements. In response to Ms. Jaeckle's question, Mr. Dan Cohen, Community Enhancement Director, stated the interview process is underway for the hiring of the Housing and Development Coordinator. He further stated the coordinator would serve as the department liaison to other departments/agencies on residential real estate, redevelopment and housing issues as they relate to community enhancement policies. In response to Mr. Elswi Transportation Director, s miles of sidewalk projects available funding with completion. ck's question, Mr. Jesse Smith, tated the connectivity of the 2 are estimated at $4 million in an additional $6 million for Mr. Sloan then provided recommendations for the Board to consider which include allowing the county Transportation Department to complete Route 1 Transit Study Phase 2; use the study to submit a grant application to the Virginia Department of Transportation for a pilot project that would expand transit along Jefferson Davis Highway; and allow the completion of a comprehensive market analysis, which would survey businesses and residents in close proximity to the corridor. Mr. Harris stated a year ago in the CIP process, there was dedicated funding specifically for revitalization efforts; however, the definition was not included. He further stated the steering committee has provided the road map for how to utilize that funding. He then reviewed FY2019 and FY2020 expenditures associated with the Board recommendations Mr. Sloan highlighted. He noted there are areas in other magisterial districts that need similar attention relative to revitalization. Mr. Elswick asked staff to provide information on how the county is spending Community Development Block Grant dollars and what is permissible. Mr. Sloan stated he believes the project recommendations deserve the allocation of revitalization funding and reviewed anticipated projections. Regarding the Transit Demonstration Project, he stated the VDOT grant affords the county the opportunity for a three-year time period, renewable on an annual basis, where the state would fund that exercise on an 80/20 level. He further stated the grant would also give the county an opportunity, over an extended period of time, to see if there is viability and to have an overall assessment at the end of that time period. Discussion ensued relative to the logistics of the comprehensive market analysis and total cost to expand bus transit service. Mr. Sloan stated connectivity is a challenge on the Jefferson Davis corridor and there are very specific metrics that will need to be measured relative to the pilot program which include individuals served and number of rides provided. 18-753 12/12/18 In response to Mr. Elswick's question regarding funding for the Transit Demonstration Project, Mr. Harris stated the exact proportions in amounts are unknown until the VDOT grant is awarded. He noted the estimated cost to the county would be roughly $200,000. Mr. Sloan continued his presentation by noting the challenge of population density along the corridor to support expanded transit. He stated the committee hopes to identify areas on Jefferson Davis and generate incentives for projects to create density. Mr. Elswick asked staff to provide data on how many citizens were unemployed and obtain employment as a result of expanded transit service. Discussion ensued relative to metrics on unemployment figures and connecting to a transit service as a way to sustain density. Mr. Sloan stated the committee believes that if 3 years from now, there are signs from an economic development standpoint having transit on the Jefferson Davis corridor creates an opportunity for businesses to locate on the corridor, housing that draws in a millennial population, and connectivity to job training at John Tyler Community College, those are components that drive the revitalization effort. He then reviewed other program recommendations which include a Performance Agreement Policy and a Rehabilitation Tax Exemption Program. Discussion ensued relative to the minimum investment threshold with tax abatement in exchange for improvement funding and geographical restrictions. Mr. Sloan then reviewed long-term CIP recommendations which include the James River/Falling Creek Linear Park Completion; Route 1 streetscaping/mobility project; Perlock Road Sidewalk; Falling Creek Bridge Repair; and neighborhood park. In closing, he highlighted the 2019 committee work plan to review Plan recommendations and create strategies. Ms. Jaeckle stressed the importance of identifying the specifications relative to the placement of neighborhood parks within older neighborhoods as well as infrastructure needed for the Dundas Road Bridge replacement project. Discussion ensued relative to the positive opportunities to expand revitalization along the Jefferson Davis corridor and other areas of the county. 3.D. TRANSPORTATION UPDATE Mr. Jesse Smith, Transportation Director, provided an update to the Board of Supervisors on several transportation -related topics. Regarding Smart Scale, he stated a maximum of ten applications were submitted by the county, as well as five applications submitted by the Transportation Planning Organization; there were $7 million in requests; and $800 million in funding. In response to Ms. Jaeckle's question regarding the countywide signal technology upgrade, Mr. Smith stated there have already been upgrades made to infrastructure along major corridors. 18-754 12/12/18 9 P] CEJ Mr. Smith continued his presentation by reviewing the Smart Scale timeline, Route 360 intersection modifications and the Chippenham/Hopkins diverging diamond. He also highlighted new roadway design/construction which include Nash Road extension; Woolridge Road extension; East/West Freeway, Route 1 to Branders Bridge Road; Powhite Parkway Extension to Hull Street; alternative methods of delivery; and advance acquisitions. Discussion ensued relative to advance acquisitions of real property. Regarding the Otterdale Road Drainage Study, Mr. Smith noted the cooperative effort between Transportation, Environmental Engineering, and VDOT. He stated the consultant has been hired to perform the work; five total crossings are involved; further review of existing structures; determination of improvements and costs required to pass 10, 25, 100 -year storms for current and future land uses; assessment of impacts on the floodplain; and should take 24 weeks to complete the study. He then reviewed the Route 1/301 Transit Study, Phase 2 and stated residents and businesses will be surveyed; neighborhood outreach and social media is planned; the goal is to "right -size" service for potential Demonstration Projects; pending Board approval, grant applications are due February 1, 2019; and funding may not become available until after FY2020, which would require at least a 20 percent match. In closing, he reviewed two consent items on the Board's evening agenda which include an economic development access project for a new road to serve ERNI Electronics in Waterford; and the Old Bermuda Hundred Road Project. Discussion ensued relative to the funding of countywide transportation projects and funding for the section of Interstate 95 between 288 and Route 10. 3.E. DEMAND -BASED FORECASTING Mr. Allan Carmody provided an update to the Board of Supervisors on methods to improve forecasting capital facility needs and make better operational decisions using area -specific data analysis and geo-spatial tools; future opportunities for applying geo-spatial data analysis; and near-term next steps. He stated the information stems from the team assigned to examine practices for forecasting student enrollment. He noted during that work, it became clear that improved forecasting methods have wider application than initially contemplated. He stated demand - based forecasting is the process of predicting future needs based on existing and forecasted demands influenced by area - specific changing demographics. He further stated IST maintains a centralized county data repository for sharing across business unities; and detailed data analysis and forecasting occurs in business -specific areas such as Planning, Schools, or Fire Department. He then reviewed student enrollment forecasting best practices. He stated some key ratios include birth -to -kindergarten ratio; cohort - survival ratio; and school -level student generation factor. He noted best practices include consideration of the student generation factor based on length of home ownership; incorporation of new housing production rates; and collaboration between county and schools. 18-755 12/12/18 Discussion ensued relative to growth rates among individual schools, specifically Winterpock Elementary and Marguerite Christian. Regarding the case study in schools, Mr. Carmody stated the division -wide forecasting is very accurate and individual school -level forecasts exhibit wider variation. Regarding the case study in Fire and EMS, he stated recent development patterns in single and multi -family housing units have created a requirement for specialized firefighting apparatus. He then reviewed several recommendations which include improving decision-making capabilities through spatial and demographic analysis; implementation of data governance best practices; utilization of advanced analytical tools to assist with visualizations and predictive forecasting; and incorporation of qualitative methods. In closing, he highlighted next steps which include documenting current forecasting processes; designating oversight responsibility to the Finance Director for organization -wide implementation; establishing updated forecasting methodologies; synchronizing new forecasting approach with CIP and budget development cycle; preparing and distributing a demand report annually; incorporating a new approach into zoning case reports; and providing periodic updates to the Board of Supervisors. Ms. Jaeckle and Ms. Haley stressed the importance of all aspects of impacts on schools and an accurate area -specific data analysis needed to determine student growth. 4. REPORTS 4.A. QUARTERLY KEY FINANCIAL INDICATORS REPORT 4.B. DISTRICT IMPROVEMENT FUNDS MONTHLY REPORT The Board took no action on the following reports: Quarterly Key Financial Indicators Report; and District Improvement Funds Monthly Report. Mr. Holland expressed his appreciation and commended the Budget Department and staff for putting together the county's comprehensive reports which mirrors transparency, openness, and accountability. 5. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 6. RECESS On motion of Mr. Holland, seconded by Ms. Haley, the Board recessed for dinner with the county's Legislation Delegation at the Central Library. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 18-756 12/12/18 It �J �J Reconvening: Ms. Jaeckle called the meeting to order at 5:00 p.m., on behalf of the Chesterfield County Board of Supervisors and thanked members of the Legislative Delegation for meeting with the Board. Dr. Casey welcomed the Legislative Delegation and described in summary, the State of Chesterfield County presentation which describes 2018 highlights and things to come for 2019. The presentation covered projects throughout the county and how the county is performing on several economic indicators including health, transportation, financial health, public safety, education, job growth, employment, and capital investments. Delegate Kirk Cox expressed his appreciation for the continued relationship with Chesterfield County and commended Dr. Casey on the informative presentation. He noted state revenues are tracking well, especially withholding sales taxes ahead of initially forecasted. Ms. Jaeckle asked the delegation to discourage state mandates, specifically regarding requirements for healthcare positions. She also expressed concerns relative to national figures regarding cases of placement of children with relatives before foster care and the demands placed on the Social Services Department. In response to Ms. Jaeckle's concerns, Delegate Cox expressed intentions to reestablish a baseline of regulations for vocations with the Virginia Department of Professional Occupational Regulations. Ms. Haley noted her relationship with Mr. Eric Brendelson, staff attorney at the Office of the Executive Secretary, and stated he is a great resource of information to have in regard to the challenges the Social Services Department faces. Discussion ensued relative to a state mandate that permits children whose parents live outside of their jurisdiction the right to attend county schools while temporarily living with a relative. Mr. Winslow noted the changes to revenue sharing as it affects the county's ability to meet transportation needs. He stated the county was able to acquire Smart Scale funding for multiple projects; however, rules and requirements were implemented to determine the future project funding. Discussion ensued relative to the topic of a reduction in gas tax collection and transportation priorities. Mr. Holland expressed his appreciation to the Legislative Delegation for their continued collaboration with the Board. He stressed the importance of tax conformity, teacher pay and school maintenance costs and rebuilding schools across the state. He urged the support of no -excuse absentee voting and noted voting is critical to the democracy. 18-757 12/12/18 In response to Mr. Holland's remarks regarding no -excuse absentee voting, Senator Amanda Chase stated the bill would allow no -excuse -needed, in-person early voting leading up to the election. She further stated the General Assembly is looking into the consideration of conforming Virginia's tax system. She stated she had 50 pieces of legislation drafted; however, only 25 of those will be introduced. She noted a number of bills will affect coal ash, economic development, and the tax conformity issue. Discussion ensued relative to amending the Code of Virginia relative to the allowance of prosecution of "performance crimes" and tax conformity. Members of the delegation expressed their appreciation to the Board of Supervisors for their continued support and successful partnership. It was generally agreed that the Board of Supervisors recess to the Public Meeting Room to continue the regularly scheduled meeting. Reconvening: 7. INVOCATION The Honorable James Holland, Dale District Supervisor, gave the invocation. 8. PLEDGE OF ALLEGIANCE Eagle Scout Colin Summers led the Pledge of Allegiance to the Flag of the United States of America. 9. COUNTY ADMINISTRATION UPDATE 9.B. VIRGINIA ASSOCIATION OF COUNTIES (VACO) GO GREEN AWARD PRESENTATION Mr. Clay Bowles, Director of General Services, stated the program is designed to encourage implementation of specific policies and practical actions that reduce emissions and save local governments money. He further stated this year's submission included several new actions in both the water and environmental stewardship categories, and with the help of Environmental Engineering, General Services Waste and Resource Recovery, Planning, Utilities, and Community Enhancement, Chesterfield was able to address these new actions in the application. Mr. Chris McDonald, Director of Government Relations, Virginia Association of Counties, presented the VACo Go Green Award to the Board of Supervisors. Ms. Jaeckle expressed her appreciation for the special recognition and also recognized Delegate Lee Ware, who was in the audience. 18-758 12/12/18 E P] CEJ A 9.C. OTHER COUNTY UPDATES Dr. James Worsley, Director of Parks and Recreation, stated the Virginia Recreation and Park Society held its 2018 State Conference in November and introduced Mr. Mark Penny, Special Events Coordinator for Parks and Recreation, who was recognized for his outstanding contributions to the Society and received the presidential award, specifically for his work on fundraising opportunities. He also recognized Mr. Stuart Connock and Ms. Margie Bryan for receiving an award in the Best New Renovation Population Greater than 100,000 category for the Miracle League Field. Ms. Jaeckle commended the valuable efforts and accolades of the Parks and Recreation Department. Chief Loy Senter stated the Chesterfield Fire and EMS received the 2018 Governor's Award for Outstanding Contributions to EMS Health and Safety during the Virginia EMS Symposium in Norfolk last month. He stated this award is in recognition of the tireless efforts of the Chesterfield Fire and EMS Peer Support Team, who have exhibited leadership throughout the commonwealth in supporting the mental well- being of first responders. • Dr. Casey announced the Budget Department was recently recognized with a distinguished budget award by the Government Finance Officers Association. He stated the award marked the 33rd consecutive year that Chesterfield has been recognized. He congratulated Ms. Meghan Coates and her staff for upholding that longstanding tradition. Ms. Christina Donohue, CEO of CHASM, and Ms. Bonnie Inge Bell, the 2018 Chesterfield Christmas Mother, provided an update to the Board of Supervisors on their respective holiday efforts. 10. BOARD MEMBER REPORTS Mr. Winslow announced the Clover Hill District held a community meeting regarding the Comprehensive Plan on November 19th. Ms. Haley announced the 6th annual Tacky Light Run took place at Mid -Lothian Mines Park on December 8th. She stated roughly 4,762 people took part in the 5k holiday -themed fun run through the Mid -Lothian Mines and Walton Park neighborhood. Mr. Elswick acknowledged the public safety personnel and General Services for their efforts during the recent adverse weather and also thanked Mr. Kevin Reichert, VDOT, and his team for clearing the roadways. Mr. Holland announced the Dale District held a community meeting regarding the Comprehensive Plan on November 26th, and thanked Mr. Steve Haasch and Ms. Kim Conley for their efforts. He also announced he recently attended Meadowbrook High School's W.E.B. DuBois National Honor Society Induction ceremony and the ASK Childhood Cancer Foundation's holiday party. In closing, he commended Budget staff for their very thorough comprehensive financial report. Ms. Jaeckle announced Mr. R.J. Smith and USA Iron and Metal held a flag raising ceremony in Chesterfield to debut its 212 -foot -tall flagpole, the largest in Virginia. She stated the flag was raised to honor first responders and the military. She further stated the commemoration featured food and live music by singer Lee Greenwood. 18-759 12/12/18 11. RESOLUTIONS 11.A. RECOGNIZING MR. COLIN AARON SUMMERS (MATOACA DISTRICT) UPON ATTAINING THE RANK OF EAGLE SCOUT Ms. Pollard introduced Mr. Colin Aaron Summers, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Winslow, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least 21 merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Colin Aaron Summers, Troop 2842, sponsored by Chesterfield Baptist Church, has accomplished those high standards of commitment and has reached the long -sought goal of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Colin has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 12th day of December 2018, publicly recognizes Mr. Colin Aaron Summers, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the county to have such an outstanding young man as its citizen. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. Mr. Elswick presented the executed resolution and patch to Mr. Summers, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in future endeavors. Mr. Summers provided details of his Eagle Scout project and expressed appreciation to his parents and other for their support. 18-760 12/12/18 It A 11.B. RECOGNIZING THE 2018 MATOACA MIDDLE SCHOOL GIRLS BASKETBALL TEAM FOR ITS OUTSTANDING REPRESENTATION OF CHESTERFIELD COUNTY Dr. Worsley introduced members of the Matoaca Middle School Girls Basketball Team, who were present to receive the resolution. On motion of Mr. Winslow, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, participation in middle school sports has long been an integral part of Chesterfield County's education, physical and emotional development for students; and WHEREAS, under the guidance and direction of head coach Kimberly Ramsey Pond, assistant coaches Donald Pollard and Kym Donnelly, and manager Elizabeth Stevenson, the 2018 Matoaca Middle School Girls Basketball Team finished the season with an impressive record of 12 wins and 1 loss; and WHEREAS, for the first time in the school's history, the Matoaca Middle School Lady Warriors won the Chesterfield County Girls Basketball Championship; and WHEREAS, the team members include Allyson Booth, Kylie Booth, Faith Brown, Kendra Carter, Emily Clark, Jada Coleman, Lila Donnelly, Lauryn George, Brianna Montalvo, Kennedy Murrell, Samantha Smith, Addison Thompson, Alyssa Thompson, Ava Walker, Abigail Wells and Alexa Whitlow. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 12th day of December 2018, publicly recognizes the 2018 Matoaca Middle School Girl Basketball Team for its outstanding representation' of Chesterfield County. AND, BE IT FURTHER RESOLVED that the Board of Supervisors on behalf of the citizens of Chesterfield County, commends the 2018 Matoaca Middle School Lady Warriors for their commitment to excellence and sportsmanship and expresses best wishes for continued success. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. Mr. Elswick presented resolutions to the coaching staff and members of the basketball team, commended them on their representation of the county and congratulated them on their success. Each team member introduced themselves. Coach Pond expressed appreciation to the Board for the special recognition and highly praised her team members for their hard work ethics and commitment to excellence. 18-761 12/12/18 11.C. RECOGNIZING THE LATE MRS. SANDY PETTENGILL FOR HER CONTRIBUTIONS TO THE COMMITTEE ON THE FUTURE AND CHESTERFIELD COUNTY Mr. Richard Jacobs introduced Mr. John Pettengill and members of the Committee on the Future, who were present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, the Chesterfield County Committee on the Future was established in 1987 by the Board of Supervisors and included in the County Charter to assess the future and long- range challenges facing the county, advise the Board of Supervisors and make recommendations for preparing for future changes on the county; and WHEREAS, Mrs. Sandy Pettengill was appointed as a member of the committee in May 2012 and served as an active committee member for six years; and WHEREAS, Mrs. Pettengill served the citizens of the Clover Hill District with distinction throughout her term; and WHEREAS, Mrs. Pettengill was active and involved in the community for many years; and WHEREAS, Mrs. Pettengill was an engaged committee member who dedicated countless hours to the committee; and WHEREAS, during her tenure, the committee completed the report, "Promoting Future Financial Independence for All Chesterfield Residents"; and WHEREAS, Mrs. Pettengill strived to expand thinking beyond present-day limitations, presenting a view not necessarily bound by what will be, but embracing what can be. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 12th day of December 2018, publicly recognizes the late Mrs. Sandy Pettengill and commends her for her dedication and outstanding service to the Committee on the Future and to the residents of Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to the family of Mrs. Pettengill and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. Mr. Winslow presented the executed resolution to her husband, Mr. John Pettengill, and commended her tremendous dedication and service to the Committee on the Future and Chesterfield County residents. Mr. Pettengill expressed his appreciation to the Board for their special recognition and kind sentiments regarding his late wife. A standing ovation followed. 18-762 12/12/18 It 9 A A 11.D. RECOGNIZING MR. JAMES K. BOWLING, PLANNING DEPARTMENT, UPON HIS RETIREMENT Mr. Andy Gillies introduced Mr. James K. Bowling, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Mr. James K. Bowling will retire from the Chesterfield County Planning Department on January 1, 2019, after providing 35 years of quality service to the citizens of Chesterfield County; and WHEREAS, Mr. Bowling joined the Chesterfield County Planning Department in 1983 as a Planner managing rezoning cases and drafting zoning ordinance amendments during a period of rapid growth and development in the county; and WHEREAS, Mr. Bowling subsequently became a Senior Planner with the Planning Department's Zoning Team before accepting a position of Principal Planner in the department's Comprehensive Planning and Research Team in 1998; and WHEREAS, during his distinguished career, Mr. Bowling has overseen the adoption of the Central Area Plan, Eastern Area Plan, Southern Jefferson Davis Corridor Plan, Matoaca Village Plan, Upper Swift Creek Plan, Ettrick-VSU Special Area Plan and Northern Jefferson Davis Special Area Plan; working closely with community stakeholders, staff and officials in envisioning enhancements to these communities; and WHEREAS, Mr. Bowling has received numerous letters of appreciation and recognition from citizens as well as recognition from his peers such as Exceptional Employee of the Year in 1996, and awards in 1998 and 2003; and WHEREAS, Mr. Bowling helped create and implement numerous zoning ordinance amendments, research efforts and reports to facilitate quality development and provide guidance to development in the county; and WHEREAS, Mr. Bowling worked diligently to incorporate new technologies into Comprehensive Planning projects, producing multi -media videos, graphics and visualizations that assisted in the communication of planning principles to the public, staff and officials in an 'exciting format, and urging use of latest technologies in all aspects of planning; and WHEREAS, Mr. Bowling worked especially close with the Jefferson Davis Association and Concerned Citizens of Ettrick to help those volunteer citizen organizations communicate effectively with the county; and WHEREAS, Mr. Bowling will be greatly missed by his colleagues, co-workers, and the citizens of Chesterfield County, who he has so faithfully served, and his work as a positive agent of change in the community provided an excellent example for other county staff to follow. 18-763 12/12/18 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 12th day of December 2018, publicly recognizes Mr. James K. Bowling, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Bowling and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield'County, Virginia. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. Ms. Jaeckle presented the executed resolution to Mr. Bowling, extended her sincere appreciation for his dedicated service, congratulated him on his retirement, and offered best wishes upon his retirement. Mr. Elswick also commended Mr. Bowling for his tremendous efforts, especially his relationship with the Concerned Citizens of Ettrick community. Mr. Bowling expressed his appreciation to the Board of Supervisors for the special recognition and kind sentiments. Dr. Casey presented Mr. Bowling with an acrylic statue and county watch, highly praised his outstanding and noteworthy service and wished him well upon his retirement. A standing ovation followed. 11.E. RECOGNIZING CAPTAIN KATHRYN M. KAHLSON, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HER RETIREMENT Chief Senter introduced Captain Kathryn M. Kahlson, who was present to receive the resolution. On motion of Mr. Elswick, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Captain Kathryn M. Kahlson is retiring from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on January 1, 2019; and WHEREAS, Captain Kahlson faithfully served the citizens of Chesterfield County for over 25 years as a firefighter and officer; and WHEREAS, Captain Kahlson began her career with Chesterfield County on October 22, 1993, as a member of Recruit School 424, and served as a firefighter at the Bon Air, Dale, Bensley, Matoaca, Ettrick, Rivers Bend, Swift Creek, and Buford Fire and EMS Stations, as well as in the Training and Education Division; and WHEREAS, Captain Kahlson achieved Emergency Medical Technician -Cardiac Certification in 1994; and WHEREAS, Captain Kahlson was recognized with a Unit Citation Award for assisting in the removal of a victim who had fallen into a smoke stack at the Dutch Gap Power station; and 18-764 12/12/18 E R WHEREAS, Captain Kahlson was recognized with multiple EMS Unit Citation Awards for her team's actions in reviving a 17 -year-old in full arrest at Monacan High School, a fatal asthma attack, saving a man who had jumped from a moving vehicle on Genito Road, saving a patient from a fatal drug overdose and one of numerous cardiac arrests; and WHEREAS, Captain Kahlson was recognized with a Unit Citation for the extraordinary actions of her team in rescuing five citizens whose cars were being overcome by flood waters on Turner Road during Tropical Storm Gaston; and WHEREAS, Captain Kahlson was recognized with several EMS Lifesave Awards and EMS Unit Citations for her efforts in successfully converting patients from cardiac arrest and achieving return of spontaneous circulation throughout her career; and WHEREAS, Captain Kahlson is recognized for serving 25 years in the Virginia Air National Guard, during which time she was also employed by Chesterfield Fire and EMS, and for reaching the rank of Colonel before her retirement in December 2017; and WHEREAS, Captain Kahlson is recognized as the first woman to serve 25 years as a career firefighter and officer reaching full retirement with Chesterfield Fire and EMS. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 12th day of December 2018, publicly recognizes the contributions of Captain Kathryn M. Kahlson, expresses the appreciation of all citizens for her service to the county, and extends their appreciation for her dedicated service and congratulations upon her retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Captain Kahlson, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. Ms. Jaeckle presented the executed resolution to Captain Kahlson and commended her on her many years of loyal, dedicated service, honesty and integrity in the field of public safety, and wished her well in her retirement. Mr. Elswick commended Captain Kahlson for her outstanding leadership, service and contributions to the county and wished her a happy and healthy retirement. Dr. Casey presented Captain Kahlson with an acrylic statue and county watch, congratulated her on her retirement and expressed appreciation for her outstanding service to the county. Captain Kahlson, accompanied by members of her family, sincerely thanked her colleagues in attendance and the Board of Supervisors for the special recognition and kind sentiments. A standing ovation followed. 18-765 12/12/18 9.A. VIRGINIA ASIAN CHAMBER OF COMMERCE PRESENTATION Mr. Tinh Phan, Chairman of the Virginia Asian Chamber of Commerce, provided an update to the Board of Supervisors regarding the Chamber's recent gala event, including the presentation of the "Champion of Community Stewardship" award to Chesterfield County. Ms. Jaeckle expressed her appreciation to Mr. Phan for the special recognition. 12. NEW BUSINESS 12.A. APPOINTMENTS 12.A.1. AGRICULTURAL AND FORESTRY COMMITTEE On motion of Mr. Holland, seconded by Mr. Elswick, the Board nominated/reappointed Mr. Mark Landa, representing the Bermuda District; Mr. Howard Nester, representing the Dale District; Ms. Claire Durham, representing the Midlothian District; Mr. Stephen Lindberg, at -large member representing the forestry business; Mr. Stuart Jones, at -large member representing the agriculture business; Mr. Lawrence Taylor, representing the Matoaca District; and Mr. George Beadles, representing the Clover Hill District, to serve on the Agricultural and Forestry Committee, whose terms are effective immediately and will expire on December 31, 2020. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.A.2. YOUTH SERVICES CITIZEN BOARD On motion of Mr. Holland, seconded by Mr. Elswick, the Board nominated/ appointed Mr. Colby Renshaw to serve on the Youth Services Citizen Board, whose term is effective immediately and will expire on June 30, 2019. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.A.3. COMMUNITY SERVICES BOARD On motion of Mr. Holland, seconded by Mr. Elswick, the Board nominated/appointed/ reappointed Mr. Mark Sacra, Bermuda District representative, and Mr. Peter Mazure, Clover Hill District representative, to serve on the Community Services Board, whose terms are effective January 1, 2019 and will expire on December 31, 2021. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.A.4. PERSONNEL APPEALS BOARD On motion of Mr. Holland, seconded by Mr. Elswick, the Board nominated/appointed Ms. Lisa Stiles to serve on the Personnel Appeals Board, whose term is effective January 1, 2019 and will expire on December 31, 2021. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 18-766 12/12/18 PE L�] K 12.A.5. COMMUNITY POLICY AND MANAGEMENT TEAM On motion of Mr. Holland, seconded by Mr. Elswick, the Board nominated/ reappointed Ms. Samantha Hollins to serve on the Community Policy and Management Team, whose term is effective immediately and will expire on December 31, 2022. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.A.6. CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY On motion of Mr. Holland, seconded by Mr. Elswick, the Board nominated/ appointed Mr. Robert Dunn to serve on the Central Virginia Waste Management Authority, whose term is effective immediately and will expire on December 31, 2022. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.A.7. COMMUNITY CRIMINAL JUSTICE BOARD On motion of Mr. Holland, seconded by Mr. Elswick, the Board nominated/ appointed The Honorable Scott C. Miles to serve on the Community Criminal Justice Board, whose term is effective immediately and will expire on June 30, 2019. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B. CONSENT ITEMS 12.B.1. ADOPTION OF RESOLUTIONS 12.B.1.a. RECOGNIZING MR. NOAH ALEXANDER JOHNSON (BERMUDA DISTRICT) UPON ATTAINING THE RANK OF EAGLE SCOUT On motion of Mr. Holland, seconded by Ms. Haley, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least 21 merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Noah Alexander Johnson, Troop 819, sponsored by St. John's Episcopal Church, has accomplished those high standards of commitment and has reached the long -sought goal of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and 18-767 12/12/18 WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Noah has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Noah Alexander Johnson, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the county to have such an outstanding young man as its citizen. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.1.b. RECOGNIZING MR. VINCENT BURGESS FOR HIS SERVICE ON THE CHESTERFIELD COMMUNITY SERVICES BOARD On motion of Mr. Holland, seconded by Ms. Haley, the Board adopted the following resolution: WHEREAS, Mr. Vincent Burgess has served as a dedicated member of the Chesterfield County Community Services Board since his appointment by the Board of Supervisors in January 2010; and WHEREAS, Mr. Burgess served as an At -Large member from 2010 through 2015 and as the Clover Hill District representative from 2016 through 2018; and WHEREAS, Mr. Burgess was voted by his peers and served with distinction as Board Chair in 2012 and 2013; and WHEREAS, under the leadership of Mr. Burgess as Chair, the Chesterfield Community Services Board implemented the Crisis Triage Center, CIT (Crisis Intervention Team), Trauma Informed Care and Access Redesign; and WHEREAS, Mr. Burgess was appointed to and served on the Executive Committee for eight consecutive years; and WHEREAS during the tenure of Mr. Burgess, the Chesterfield Community Services Board implemented Integrated Care, Same Day Access, Virginia Veteran and Family Support Program, Jail Mental Health services and received three successful CARF (Commission on Accreditation of Rehabilitation Facilities) accreditations; and WHEREAS, Mr. Burgess served as Chair of the ICF (Intermediate Care Facility) Committee for four consecutive years overseeing the planning, construction and opening of Galloway Place; and WHEREAS, Mr. Burgess served as Chair of the Housing Committee for four consecutive years addressing housing needs for individuals with mental health issues as well as establishing a home for women with substance use disorders; and WHEREAS, Mr. Burgess was instrumental in the Build -A - House program responsible for the planning, development and construction of the Church Road, Cogbill, Woodpecker and Pine Forest Group Homes garnering awards from the Virginia Association of Counties (VACo) and the National Association of Counties (NACo); and 18-768 12/12/18 IR P] CEJ 14 WHEREAS, Mr. Burgess has tirelessly advocated locally, regionally and statewide for the most vulnerable populations of Chesterfield County and will be greatly missed by his peers and staff alike. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby expresses its sincere appreciation to Mr. Vincent M. Burgess, for nine years of commitment and significant contributions in the provision of quality Mental Health, Intellectual and Developmental Disability, and Substance Use Disorders services to the citizens of Chesterfield County. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.1.c. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 12.B.1.c.1. LIEUTENANT KENDALL R. MARSTON, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT On motion of Mr. Holland, seconded by Ms. Haley, the Board adopted the following resolution: WHEREAS, Lieutenant Kendall R. Marston retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on December 1, 2018, after faithfully serving the county and its residents for over 32 years; and WHEREAS, Lieutenant Marston began his service to the residents of Chesterfield County on May 5, 1986, as a member of Recruit School ##15, and served as a firefighter in various assignments at the Chester, Dale and Dutch Gap Fire and EMS stations; and WHEREAS, Lieutenant Marston was promoted to the rank of lieutenant on June 4, 1997, and served as a company officer at the Ettrick, Phillips and Winterpock Fire and EMS stations; and WHEREAS, Lieutenant Marston was certified as a cardiac technician in August 1995 and certified as a nationally registered paramedic in April 1996, providing many years of advanced life support patient care to the residents of Chesterfield County; and WHEREAS, Lieutenant Marston served on the workgroup to design a new ladder truck and deploy it for service to the Ettrick Fire and EMS station; and WHEREAS, Lieutenant Marston received an EMS Lifesave Award in 1995, four EMS Awards between 1988 and 1993 and three Unit Citation Awards from 2002 through 2012 exemplifying a high level of service to the residents of Chesterfield County; and WHEREAS, Lieutenant Marston was one of the original firefighters providing regional technical rescue responses out of Dutch Gap Fire and EMS station and was instrumental in placing Chesterfield's first technical rescue company in service; and 18-769 12/12/18 WHEREAS, Lieutenant Marston was very involved and well versed in our rural water supply program and worked diligently to develop available water sources in the non- hydrated areas of the county; and WHEREAS, Lieutenant Marston served as a respected firefighter and officer of the department and was well known for his development of personnel to provide the highest level of service to the residents of, and visitors to, Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Lieutenant Kendall R. Marston, expresses the appreciation of all residents for his service to the county, and extends their appreciation for his dedicated service and their congratulations upon his retirement. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.i.c.2. MR. GARY L. BRUNELLI, POLICE DEPARTMENT On motion of Mr. Holland, seconded by Ms. Haley, the Board adopted the following resolution: WHEREAS, Mr. Gary L. Brunelli retired from the Chesterfield County Police Department on December 1, 2018, after providing over 23 years of quality service to the residents of Chesterfield County; and WHEREAS, Mr. Brunelli has faithfully served the county in the capacity of Automated Fingerprint Identification System (AFIS) Technician, Latent Print Examiner, and a Department of Criminal Justice Services Certified Instructor; and WHEREAS, Mr. Brunelli was selected as the Police Department Civilian Employee of the Year for 1996, in recognition of his outstanding customer service, effective teamwork, ongoing innovation efforts, and commitment to quality improvement; and WHEREAS, Mr. Brunelli and the Forensic Unit received a Unit Citation in 2003, for the unit's accomplishments which included responding to 4,500 crime scenes, gathering 7,000 pieces of evidence, the identification of over 200 suspects, the exceptional crime scene investigation after the shooting of a Chesterfield County police officer and the crime scene processing of a high profile case that involved national and international connections; and WHEREAS, Mr. Brunelli was recognized with a Chief's Commendation for his detailed fingerprint work which resulted in the identification and arrest of a. robbery suspect; and for his expert fingerprint analysis which greatly assisted in the prosecution of the suspect on federal charges; and 18-770 12/12/18 It W R 21 A WHEREAS, Mr. Brunelli was the recipient of an Achievement Award for his perseverance in identifying latent fingerprints to a suspect who had committed a murder in South Carolina; the thorough investigation performed, and the evidence collected by Mr. Brunelli and his co-workers were essential to the successful prosecution of the suspect in the case; and WHEREAS, Mr. Brunelli is recognized for his strong work ethic, excellent communications skills, and impressive teamwork, all of which he has utilized within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Mr. Brunelli has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mr. Brunelli's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Gary L. Brunelli and extends on behalf of its members and the residents of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.2. ACCEPTANCE OF GRANT AWARDS 12.B.2.a. COPS SCHOOL VIOLENCE PREVENTION PROGRAM GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE On motion of Mr. Holland, seconded by Ms. Haley, the Board accepted and appropriated COPS School Violence Prevention Program grant funds, in the amount of $500,000, from the US Department of Justice for the purpose of improving school security; and approved the transfer of the $220,500 in matching funds from Schools Capital Projects Fund to the County Grants Fund. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.2.b. FROM THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES TO ADDRESS OPIOID PRESCRIPTION AND NON-PRESCRIPTION DRUG USE AND ABUSE IN CHESTERFIELD COUNTY On motion of Mr. Holland, seconded by Ms. Haley, the Board authorized the Chesterfield Community Service Board to receive and appropriate $116,720 in the Mental Health budget additional funding from the Department of Behavioral Health and Developmental Services to address opioid prescription and non-prescription drug use and abuse in Chesterfield County. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 18-771 12/12/18 12.B.2.c. STATE HOMELAND SECURITY GRANT FUNDS FROM THE DEPARTMENT OF HOMELAND SECURITY On motion of Mr. Holland, seconded by Ms. Haley, the Board authorized the Fire and EMS Department to receive and appropriate $256,000 in 2018 State Homeland Security Grant funds from the Department of Homeland Security for the following regional projects: a. $86,000 to manage a regional Division 1 Virginia Search and Technical Rescue/Urban Search and Rescue Project; b. $95,000 to manage a regional project for the Central Virginia All -Hazards Incident Management Team (CVAHIMT); and c. $75,000 to manage a regional project for the Central Virginia Fire Chief's Association. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.2.d. FROM THE DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION TO PURCHASE REPLACEMENT MOBILITY MANAGEMENT TRANSPORTATION SOFTWARE FOR CHESTERFIELD COUNTY On motion of Mr. Holland, seconded by Ms. Haley, the Board authorized the Chesterfield Community Services Board to receive and appropriate up to $145,000 in the Mental Health budget funding from the Department of Rail and Public Transportation to purchase replacement mobility management transportation software for Chesterfield County. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.3. AMENDMENT TO THE 2018 HOLIDAY SCHEDULE On motion of Mr. Holland, seconded by Ms. Haley, the Board amended the 2018 holiday schedule to include December 31, 2018, New Year's Eve. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.4. APPROPRIATION, TRANSFER OF FUNDS AND AUTHORIZATION TO PROCEED WITH THE TREDEGAR LAKE PARKWAY EXTENSION ECONOMIC DEVELOPMENT ACCESS PROJECT On motion of Mr. Holland, seconded by Ms. Haley, the Board approved the following actions for the Tredegar Lake Parkway Extension Economic Development Access Project: 1. Appropriated $650,000 in anticipated VDOT reimbursements; 2. Transferred $150,000 from the Industrial Access Account for the local match; 3. Authorized the County Administrator to enter into the customary VDOT/County agreements/contracts, permits/ mitigation agreements and surety agreements, acceptable 18-772 12/12/18 lk K A 14 to the County Attorney; 4. Authorized the County Administrator to proceed with the right-of-way acquisition, if necessary, including advertisement of an eminent domain public hearing if necessary and to accept the conveyance of right-of-way and easements that are acquired; 5. Authorized the Chairman of the Board of Supervisors and County Administrator to execute easement agreements for relocation of utilities, if necessary; and 6. Authorized the Procurement Director to proceed with the advertisement of construction contract for the project. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.5. AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT AND CHANGE ORDERS FOR THE OLD BERMUDA HUNDRED ROAD (OLD STAGE ROAD TO ROUTE 10) RECONSTRUCTION PROJECT On motion of Mr. Holland, seconded by Ms. Haley, the Board approved the following actions for the Old Bermuda Hundred Road (Old Stage to Route 10) Reconstruction Project: 1. Authorized the Procurement Director to award a construction contract to Branscome, Inc. in the amount of $3,712,206.66; and 2. Authorized the Procurement Director to execute all necessary change orders for the work, up to the full amount budgeted, for the project. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.6. INITIATION OF APPLICATION FOR RENEWAL OF MANUFACTURED HOME PERMIT ON PROPERTY LOCATED ON BOTONE AVENUE IN THE BERMUDA DISTRICT On motion of Mr. Holland, seconded by Ms. Haley, the Board initiated an application for manufactured home permit to permit a temporary manufactured home in a Residential (R-7) District on 0.4 acres located at 3012 Botone Avenue (Tax ID 789-676-2598); appointed Andrew G. Gillies, Director of Planning, as the agent for the Board; and waived disclosure requirements. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.7. APPROVAL OF STREETLIGHT ON BAILEYS LANE On motion of Mr. Holland, seconded by Ms. Haley, the Board approved the following streetlight installation in the Matoaca District and authorized the transfer of District Improvement Funds to Streetlights to fund this project: • In the Baileys Grove subdivision In the vicinity of 21117 Baileys Lane Cost to install one streetlight: $1,737.52 Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 18-773 12/12/18 12.B.8. ACCEPTANCE OF STATE ROADS On motion of Mr. Holland, seconded by Ms. Haley, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Wellspring Section 1 Type Change to the Secondary System miles of State Highways: AAA f -i nn Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: §33.2-705 Street Name and/or Route Number ➢ Shallow Creek Lane, State Route Number 8041 From: Lazy Stream Court, (Route 8043) To: The cul-de-sac, a distance of: 0.07 miles. Recordation Reference: Plat Book 222, Page 10 Right of Way width (feet) = 44 ➢ Shallow Creek Lane, State Route Number 8041 From: Hiddenwell Lane, (Route 8042) To: Lazy Stream Court, (Route 8043), a distance of: 0.07 miles. Recordation Reference: Plat Book 222, Page 10 Right of Way width (feet) = 54 ➢ Shallow Creek Lane, State Route Number 8041 From: Wellspring Road, (Route 4599) To: Hiddenwell Lane, (Route 8042), a distance of: 0.12 miles. Recordation Reference: Plat Book 222, Page 10 Right of Way width (feet) = 54 ➢ Wellspring Road, State Route Number 4599 From: Shallow Creek Lane, (Route 8041) To: The end of maintenance, a distance of: 0.01 miles. Recordation Reference: Plat Book 222, Page 10 Right of Way width (feet) = 90 18-774 12/12/18 Ic It IC A 14 ➢ Wellspring Road, State Route Number 4599 From: Old Beaver Lane, (Route 8045) To: Shallow Creek Lane, (Route 8041), a distance of: miles. Recordation Reference: Plat Book 222, Page 10 Right of Way width (feet) = Varies ➢ Old Beaver Lane, State Route Number 8045 From: Hiddenwell Lane, (Route 8042) To: Wellspring Road, (Route 4599), a distance of: miles. Recordation Reference: Plat Book 222, Page 10 Right of Way width (feet) = 44 ➢ Hiddenwell Lane, State Route Number 8042 From: Old Beaver Lane, (Route 8045) To: The cul-de-sac, a distance of: 0.22 miles. Recordation Reference: Plat Book 222, Page 10 Right of Way width (feet) = 44 0.12 0.19 ➢ Hiddenwell Lane, State Route Number 8042 From: Hiddenwell Court, (Route 8044) To: Old Beaver Lane, (Route 8045), a distance of: 0.05 miles. Recordation Reference: Plat Book 222, Page 10 Right of Way width (feet) = 44 ➢ Hiddenwell Lane, State Route Number 8042 From: Shallow Creek Lane, (Route 8041) To: Hiddenwell Court, (Route 8044), a distance of: 0.08 miles. Recordation Reference: Plat Book 222, Page 10 Right of Way width (feet) = 44 ➢ Lazy Stream Court, State Route Number 8043 From: Shallow Creek Lane, (Route 8041) To: The cul-de-sac, a distance of: 0.23 miles. Recordation Reference: Plat Book 222, Page 10 Right of Way width (feet) = 54 ➢ Hiddenwell Court, State Route Number 8044 From: Hiddenwell Lane, (Route 8042) To: The cul-de-sac, a distance of: 0.10 miles. Recordation Reference: Plat Book 222, Page 10 Right of Way width (feet) = 44 ➢ Wellspring Road, State Route Number 4599 From: Harrowgate Road, (Route 144) To: Old Beaver Lane, (Route 8045), a distance of: 0.14 miles. Recordation Reference: Plat Book 222, Page 10 Right of Way width (feet) = Varies 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 18-775 12/12/18 streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Magnolia Green Parkway Phase II Type Change to the Secondary System miles of State Highways: Addition Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: §33.2-705 Street Name and/or Route Number ➢ Magnolia Green Parkway, State Route Number 7692 From: Creekshire Drive, (Route 8038) To: The end of maintenance, a distance of: 0.02 miles. Recordation Reference: Deed Book 11150, Page 939 Right of Way width (feet) = 117 ➢ Magnolia Green Parkway, State Route Number 7692 From: 0.48 miles northwest of Emerald Point Vista, (Route 7916) To: Creekshire Drive, (Route 8038), a distance of: 0.23 miles. Recordation Reference: Deed Book 11150, Page 939 Right of Way width (feet) = 117 ➢ Magnolia Green Parkway, State Route Number 7692 From: 0.45 miles northwest of Emerald Point Vista, (Route 7916) To: 0.48 miles northwest of Emerald Point Vista, (Route 7916), a distance of: 0.03 miles. Recordation Reference: Deed Book 11150, Page 939 Right of Way width (feet) = 117 ➢ Magnolia Green Parkway, State Route Number 7692 From: 0.01 miles west of Emerald Point Vista, (Route 7916) To: 0.05 miles northwest of Emerald Point Vista, (Route 7916), a distance of: 0.04 miles. Recordation Reference: Deed Book 11150, Page 939 Right of Way width (feet) = 117 ➢ Magnolia Green Parkway, State Route Number 7692 From: 0.05 miles northwest of Emerald Point Vista, (Route 7916) To: 0.18 miles northwest of Emerald Point Vista, (Route 7916), a distance of: 0.13 miles. Recordation Reference: Deed Book 11150, Page 939 Right of Way width (feet) = 117 18-776 12/12/18 Ic lk Ic 14 A ➢ Magnolia Green Parkway, State Route Number 7692 From: 0.18 miles northwest of Emerald Point Vista, (Route 7916) To: 0.22 miles northwest of Emerald Point Vista, (Route 7916), a distance of: 0.04 miles. Recordation Reference: Deed Book 11150, Page 939 Right of Way width (feet) = 117 ➢ Magnolia Green Parkway, State Route Number 7692 From: 0.24 miles northwest of Emerald Point Vista, (Route 7916 ) To: 0.28 miles northwest of Emerald Point Vista, (Route 7916), a distance of: 0.04 miles. Recordation Reference: Deed Book 11150, Page 939 Right of Way width (feet) = 117 ➢ Magnolia Green Parkway, State Route Number 7692 From: 0.43 miles northwest of Emerald Point Vista, (Route 7916) To: 0.45 miles northwest of Emerald Point Vista, (Route 7916), a distance of: 0.02 miles. Recordation Reference: Deed Book 11150, Page 939 Right of Way width (feet) = 117 ➢ Creekshire Drive, State Route Number 8038 From: 0.09 miles northeast of Magnolia Green Pkwy, (Route 7692) To: The temporary turn around, a distance of: 0.10 miles. Recordation Reference: Deed Book 11150, Page 939 Right of Way width (feet) = 70 ➢ Creekshire Drive, State Route Number 8038 From: Magnolia Green Pkwy, (Route 7692) To: 0.09 miles northeast of Magnolia Green Pkwy, (Route 7692), a distance of: 0.09 miles. Recordation Reference: Deed Book 11150, Page 939 Right of Way width (feet) = 70 ➢ Magnolia Green Parkway, State Route Number 7692 From: 0.22 miles northwest of Emerald Point Vista, (Route 7916) To: 0.24 miles northwest of Emerald Point Vista, (Route 7916), a distance of: 0.02 miles. Recordation Reference: Deed Book 11150, Page 939 Right of Way width (feet) = 117 ➢ Magnolia Green Parkway, State Route Number 7692 From: 0.28 miles northwest of Emerald Point Vista, (Route 7916) To: 0.43 miles northwest of Emerald Point Vista, (Route 7916), a distance of: 0.15 miles. Recordation Reference: Deed Book 11150, Page 939 Right of Way width (feet) = 117 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 18-777 12/12/18 WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Cambria Cove Section 3 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 Street Name and/or Route Number ➢ New Gale Drive, State Route Number 8040 From: Cambria Cove Boulevard, (Route 7568) To: Knighton Circle, (Route 8039), a distance of: 0.22 miles. Recordation Reference: Plat Book 242, Page 70 Right of Way width (feet) = 47 ➢ Knighton Circle, State Route Number 8039 From: Cambria Cove Boulevard, (Route 7568) To: New Gale Drive, (Route 8040), a distance of: 0.06 miles. Recordation Reference: Plat Book 242, Page 70 Right of Way width (feet) = 55 ➢ Knighton Circle, State Route Number 8039 From: Genito Road, (Route 604) To: Cambria Cove Boulevard, (Route 7568), a distance of: 0.06 miles. Recordation Reference: Plat Book 242, Page 70 Right of Way width (feet) = 67 ➢ Cambria Cove Boulevard, State Route Number 7568 From: Knighton Circle, (Route 8039) To: The end -of -maintenance, a distance of: 0.02 miles. Recordation Reference: Plat Book 242, Page 70 Right of Way width (feet) = 55 ➢ Cambria Cove Boulevard, State Route Number 7568 From: New Gale Drive, (Route 8040) To: The end -of -maintenance, a distance of: 0.02 miles. Recordation Reference: Plat Book 242, Page 70 Right of Way width (feet) = 55 18-778 12/12/18 PE F] It A A ➢ Cambria Cove Boulevard, State Route Number 7568 From: Knighton Circle, (Route 8039) To: New Gale Drive, (Route 8040), a distance of: 0.07 miles. Recordation Reference: Plat Book 242, Page 70 Right of Way width (feet) = 55 ➢ Knighton Circle, State Route Number 8039 From: New Gale Drive, (Route 8040) To: The end -of -maintenance, a distance of: 0.01 miles. Recordation Reference: Plat Book 242, Page 70 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 Section 33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Kings Grove Section 6 Type Change to the Secondary System miles of State Highways: Addition Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: §33.2-705 Street Name and/or Route Number ➢ Ryans Ford Drive, State Route Number 8036 From: Regal Grove Drive, (Route 7128) To: Heathers Crossing Drive, (Route 8037), a distance of: 0.05 miles. Recordation Reference: Plat Book 245, Page 79 Right of Way width (feet) = 44 ➢ Heathers Crossing Drive, State Route Number 8037 From: Ryans Ford Drive, (Route 8036) To: The cul-de-sac, a distance of: 0.19 miles. Recordation Reference: Plat Book 245, Page 79 Right of Way width (feet) = 40 ➢ Regal Grove Lane, State Route Number 7129 From: Regal Grove Drive, (Route 7128) To: Heathers Crossing Drive, (Route 8037), a distance of: 0.05 miles. Recordation Reference: Plat Book 245, Page 79 Right of Way width (feet) = 40 18-779 12/12/18 ➢ Regal Grove Lane, State Route Number 7129 From: Heathers Crossing Drive, (Route 8037) To: The cul-de-sac, a distance of: 0.11 miles. Recordation Reference: Plat Book 245, Page 79 Right of Way width (feet) = 40 ➢ Heathers Crossing Drive, State Route Number 8037 From: Regal Grove Lane, (Route7129) To: Ryans Ford Drive, (Route 8036), a distance of: 0.06 miles. Recordation Reference: Plat Book 245, Page 79 Right of Way width (feet) = 40 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Magnolia Green - Woolridge Road Extension Phase 2 Type Change to the Secondary System miles of State Highways: Addition Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: §33.2-705 Street Name and/or Route Number ➢ Woolridge Road, State Route Number 7766 From: 0.09 miles west of Stafford Park Drive, (Route 7964) To: 0.14 miles west of Stafford Park Drive, (Route 7964), a distance of: 0.05 miles. Recordation Reference: Deed Book 11351, Page 266 Right of Way width (feet) = 90 ➢ Woolridge Road, State Route Number 7766 From: 0.02 miles west of Stafford Park Drive, (Route 7964) To: 0.09 miles west of Stafford Park Drive, (Route 7964), a distance of: 0.07 miles. Recordation Reference: Deed Book 11351, Page 266 Right of Way width (feet) = 90 18-780 12/12/18 It IC W 14 14 ➢ Woolridge Road, State Route Number 7766 From: Creekshire Drive, (Route 8038) To: 0.14 miles west of Creekshire Drive, (Route 8038), a distance of: 0.14 miles. Recordation Reference: Deed Book 11351, Page 266 Right of Way width (feet) = 90 ➢ Creekshire Drive, State Route Number 8038 From: 0.21 miles south of Woolridge Drive, (Route 7766) To: The End of Maintenance, a distance of: 0.25 miles. Recordation Reference: Deed Book 11351, Page 266 Right of Way width (feet) = 70 ➢ Woolridge Road, State Route Number 7766 From: 0.14 miles west of Creekshire Drive, (Route 8038) To: The End of Maintenance, a distance of: 0.01 miles. Recordation Reference: Deed Book 11351, Page 266 Right of Way width (feet) = 90 ➢ Creekshire Drive, State Route Number 8038 From: 0.12 miles south of Woolridge Road, (Route 7766) To: 0.21 miles south of Woolridge Drive, (Route 7766), a distance of: 0.09 miles. Recordation Reference: Deed Book 11351, Page 266 Right of Way width (feet) = 70 ➢ Creekshire Drive, State Route Number 8038 From: Woolridge Road, (Route 7766) To: 0.12 miles south of Woolridge Road, (Route 7766), a distance of: 0.12 miles. Recordation Reference: Deed Book 11351, Page 266 Right of Way width (feet) = 70 ➢ Woolridge Road, State Route Number 7766 From: 0.14 miles west of Stafford Park Drive, (Route 7964) To: Creekshire Drive, (Route 8038), a distance of: 0.09 miles. Recordation Reference: Deed Book 11351, Page 266 Right of Way width (feet) = 90 Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.9. ACCEPTANCE OF PARCELS OF LAND 12.B.9.a. FOR FIRE AND EMERGENCY MEDICAL SERVICES STATION 1 FROM CHESTER VOLUNTEER FIRE DEPARTMENT NO. 1 On motion of Mr. Holland, seconded by Ms. Haley, the Board accepted the conveyance of a parcel of land with improvements containing 0.17 acres, more or less, for Fire and EMS Station 1 from Chester Volunteer Fire Department No. 1 and authorized the County Administrator to execute the deed. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 18-781 12/12/18 12.B.9.b. FOR THE EXTENSION OF MAGNOLIA COVE CIRCLE, GREAT SWAN LANE AND MAGNOLIA COVE COURT FROM MAGNOLIA LAKES, LLC On motion of Mr. Holland, seconded by Ms. Haley, the Board accepted the conveyance of four parcels of land containing a total of 2.16 acres for the extension of Magnolia Cove Circle, Great Swan Lane and Magnolia Cove Court from Magnolia Lakes, LLC and authorized the County Administrator to execute the deed. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.9.c. FOR THE EXTENSION OF EAST WEST ROAD FROM WATKINS LAND, L.L.C. On motion of Mr. Holland, seconded by Ms. Haley, the Board accepted the conveyance of a parcel of land containing 6.136 acres for the extension of East West Road from Watkins Land, L.L.C. and authorized the County Administrator to execute the deed. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.10. DESIGNATION OF RIGHT OF WAY FOR COUGAR TRAIL On motion of Mr. Holland, seconded by Ms. Haley, the Board designated right of way for Cougar Trail, rescinded the designation of right of way for the entrance road to Harrowgate Park and authorized the County Administrator to execute the Declaration. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.11. CONVEYANCE OF EASEMENTS 12.B.11.a. TO VERIZON VIRGINIA LLC FOR THE MATOACA MIDDLE SCHOOL PHASE 1 ADDITION PROJECT On motion of Mr. Holland, seconded by Ms. Haley, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Verizon Virginia LLC, for a 20 -foot underground easement for the relocation of lines along Hickory Road for the Matoaca Middle School Phase 1 Addition Project. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 18-782 12/12/18 P] W lk CEJ 12.B.11.b. TO VIRGINIA ELECTRIC AND POWER COMPANY FOR THE NEW OLD HUNDRED ELEMENTARY SCHOOL PROJECT On motion of Mr. Holland, seconded by Ms. Haley, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Virginia Electric and Power Company for a 15 -foot underground easement for service to the new Old Hundred Elementary School. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.11.c. TO COLUMBIA GAS OF VIRGINIA, INC. FOR SERVICE TO THE NEW OLD HUNDRED ELEMENTARY SCHOOL On motion of Mr. Holland, seconded by Ms. Haley, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Columbia Gas of Virginia, Inc. for conveyance of an easement for service to the new Old Hundred Elementary School. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.12. REQUEST TO QUITCLAIM SIXTEEN -FOOT WATER AND SEWER EASEMENTS ACROSS THE PROPERTY OF WDV, LLC On motion of Mr. Holland, seconded by Ms. Haley, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 16 -foot water easement and a 16 -foot sewer easement across the property of WDV, LLC. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.13. APPROVAL OF WATER AND SEWER CONTRACT WITH REFUNDS FOR NEWMARKET SECTION 3 on motion of Mr. Holland, seconded by Ms. Haley, the Board approved a water and sewer contract with refunds for Newmarket Section 3, Contract Number 17-0038 and authorized the County Administrator to execute any necessary documents. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 18-783 12/12/18 12.B.14. SET DATE FOR PUBLIC HEARING TO CONSIDER THE ABANDONMENT OF A PORTION OF OMO ROAD, STATE ROUTE 808 On motion of Mr. Holland, seconded adopted the following resolution to January 23, 2019; post and publish Commissioner of Highways of the consider the abandonment of a por Route 808, from the Secondary System by Ms. Haley, the Board set a public hearing for notices; and notify the County's intention to .ion of Omo Road, State of State Highways: Resolution of Chesterfield County's intention to consider a Resolution and Order to abandon a portion of Omo Road, State Route 808. Pursuant to Section 33.3-909 of the Code of Virginia, 1950, as amended, be it resolved that the Chesterfield County Board of Supervisors hereby gives notice that at a public hearing to be held on January 23, 2019, it will consider a Resolution and Order to abandon a portion of Omo Road, State Route 808, a distance of 0.05 miles, since it serves no public necessity and is no longer needed as part of the Secondary System of State Highways. Accordingly, the Clerk of the Board shall send a copy of this Resolution to the Commissioner of Highways. The clerk shall further cause to be published and posted the required notices of the Board's intention to abandon a portion of Omo Road, State Route 808. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 13. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 14. DEFERRED ITEMS 14.A. INITIATION OF APPLICATION FOR REZONING TO PERMIT A NEW FIRE STATION (ETTRICK FIRE STATION), ELEMENTARY SCHOOL (ETTRICK ELEMENTARY) AND NEIGHBORHOOD PARK PLUS EXCEPTIONS TO ORDINANCE REQUIREMENTS ON PROPERTY LOCATED ON CHESTERFIELD AVENUE, JAMES STREET, RUTLEDGE AVENUE AND ADJACENT RIGHTS-OF-WAY TO BE VACATED Mr. Bill Dupler stated the Fire Department is proposing the replacement of the Ettrick Fire Station in the same general area of the existing station to better meet the growing needs in the Ettrick community. He further stated the subject property is located on the south line of Chesterfield Avenue, across from Granger Street. He stated county Schools is proposing the replacement of Ettrick Elementary School at the existing school site, located at the southwest corner of Chesterfield Avenue and Paine Street. He further stated the Department of Parks and Recreation is proposing a neighborhood park/passive open space to be co -located with the Ettrick Elementary School site. He stated County and Schools staff have been working together to co -locate a new 18-784 12/12/18 K 1K It A A elementary school and a new fire station since 2017. He noted he has been in communication with Ms. Brenda Stewart and has answered her questions. In response to Mr. Elswick's question, Mr. Dupler stated once the item is approved a public hearing will be held by the Planning Commission and will then come back before the Board of Supervisors for a public hearing. On motion of Mr. Elswick, seconded by Ms. Haley, the Board initiated an application to rezone 5.6 acres zoned Neighborhood Business (C-2), 2.2 acres zoned Community Business (C-3) and 15 acres zoned Residential (R-7)(totaling 22.8 acres) to Corporate Office (0-2) to permit a fire station (replacement of Ettrick Fire Station), a school (replacement of Ettrick Elementary School), and a neighborhood park/passive open space with Conditional Use Planned Development to permit Ordinance exceptions to accommodate all of these proposed uses. This application would include the following properties: 20800 (Tax ID 794-612-2305), 20808 (Tax ID 794-612-4716), 20810 (Tax ID 794-612-5726), 20816 (Tax ID 794-612-6226), 20818 (Tax ID 794-612-6824), 20820 (Tax ID 794-612-7324), 20822 (Tax ID 794-612-7923), 20824 (Tax ID 794-612-8422), 20826 (Tax ID 794-612-8920), 20828 (Tax ID 794-612-9419), 20830 (Tax ID 795-612-0725), 20834 (Tax ID 795-612-1322), and 20910 Chesterfield Avenue (Tax ID 794-611-7377), 20910 James Street (Tax ID 795-612-0314), 21004 Rutledge Avenue (Tax ID 794-611-4639), and including adjacent rights of way to be vacated (James and Byrd Streets). Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 15. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 17SN0813 In Bermuda Magisterial District, Katie K. Alexander requests conditional use to permit the parking and storage of a recreational vehicle outside of the rear yard and amendment of zoning district map in a Residential (R-7) District on 0.4 acre known as 13412 Koyoto Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre) Tax ID 818-650-0202. Mr. Gillies presented a summary of Case 17SN0813 and stated both the Planning Commission and staff recommended approval, subject to the conditions. Ms. Katie Alexander accepted the conditions. 18-785 12/12/18 Ms. Jaeckle called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved Case 17SN0813, subject to the following conditions: 1. Non -Transferable Ownership. This Conditional Use approval shall be granted exclusively to Katie M. Alexander and shall not be transferable nor run with the land. (P) 2. Use. This Conditional Use approval shall be for the parking of one (1) recreational vehicle (boat and associated trailer) having no more than two (2) axels and no greater than twenty-four (24) feet in length. (P) 3. Location of Recreational Vehicle. The recreational vehicle shall be parked under the carport within the side yard, as depicted on Page 4 (Exhibit A). Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 1 pgmnRgq In Clover Hill Magisterial District, Mitchell Bode (project commonly known as The Grove at Lucks Lane) requests rezoning from Multifamily Residential (R -MF) District with conditional use planned development to Multifamily Residential (R -MF) District with conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map on 19.5 acres fronting 920 feet along the north side of Lucks Lane across from Explorer Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential use (maximum of 2.5 dwellings per acre). Tax IDs 740-697-6972; 741-697-2669 and 3625. Ms. Darla Orr presented a summary of Case 18SN0839 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered condition and subject to one condition. She further stated proffered conditions provide design and architectural standards that are comparable in quality to that of the surrounding community. She stated the applicant has proffered to pay $2,914 per dwelling unit to address the development's impact on roads. Mr. Mitchell Bode accepted the recommendation. In response to Mr. Mincks' question, Mr. Bode stated he believes the conditions proffered are reasonable under state law. Ms. Jaeckle called for public comment. There being no one to speak to the issue, the public hearing was closed. Mr. Winslow expressed his approval of the request. 18-786 12/12/18 It Ic D 14 A Mr. Winslow then made a motion, seconded by Ms. Haley, for the Board to approve Case 18SN0839, subject to the following condition: The development shall be in general conformance with the Conceptual Plan attached as Exhibit B, Illustrative Site Plan, The Grove at Luck's Lane, prepared by HG Design Studio and dated October 2, 2018. (P) And, further, the Board accepted the following proffered conditions: The property owners and applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the property under consideration (the "Property") will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owners and applicant. In the event this request is denied or approved with conditions not agreed to by the owners and applicant, the proffer shall immediately be null and void and of no further force or effect. These proffered conditions include three exhibits: Exhibit A, Unit Elevations prepared by Cornerstone Homes and Johannas Design Group; Exhibit B, Illustrative Site Plan, The Grove at Luck's Lane, prepared by HG Design Studio and dated October 2, 2018; and Exhibit C, Illustrative Elevations and Concepts, The Grove at Luck's Lane, prepared by HG Design Studio and dated October 11, 2018. 1. Master Plan. The Textual Statement dated November 6, 2018, shall be considered the Master Plan. (P) 2. Elevations and Exterior Facades. Development of the Property shall be in general architectural appearance shown attached hereto as Exhibit modifications shall be approv Commission at the time of plan alternative meets the spirit an( requirement relative to design quality. conformance with the on the elevations A. Any substantial ad by the Planning review provided the I intent of the above and building material a. Roof materials shall be 30 year architectural/dimensional asphalt composition shingle. b. Facades of each building, in the aggregate, shall have a minimum of sixty (60) percent brick or stone masonry, but in no event shall a facade have less than ten (10) percent brick or stone masonry. The height of the brick and stone shall be permitted to vary to allow for a mixture of design features. Measurement of the requirement for masonry facade treatment shall be exclusive of facades within courtyards screened with a minimum six (6) foot vinyl fence, as well as windows, gable vents, dormers, doors, front door alcoves, trim, soffit, fascia, balconies, and porches. 18-787 12/12/18 c. Dwelling units shall be sided with brick, stone, engineered wood, horizontal lap, horizontal board and batten or a combination thereof. Siding may be manufactured from natural wood, cement fiber board or premium quality vinyl siding. Plywood and metal siding are not permitted. d. Vinyl siding is permitted in traditional wide beaded styles only with a minimum four (4) inch drop. Premium quality vinyl is defined as vinyl siding with a minimum wall thickness of .044". e. A variety of facing materials shall be used on any one facade of any building. A minimum of two (2) facing materials shall be used on any one facade of any units. f. Buildings with the same color palette, percentages of siding materials, and landscaping shall not be permitted side-by-side to create diversity and interest along the streetscapes. (P and BI) 3. Age Restriction. In accordance with the Virginia Fair Housing Law, the federal Housing Law, and such other applicable federal, state, or local legal requirements, dwelling units shall be restricted to "housing for older persons" as defined in the Virginia Fair Housing Law and no persons under the age of 19 shall reside therein. (P) 4. Utilities. Public water and wastewater shall be used. (U) 5. Access. Direct vehicular access from the property to Lucks Lane shall be limited to one (1) entrance/exit. The exact location of the access shall be approved by the Transportation Department. (T) 6. Sidewalks and Trails. Sidewalks shall be provided generally on one side of the interior street right of ways. Trails shall be installed in general conformance with Exhibit B attached hereto. The treatment and location of these sidewalks and trails shall be approved by the Planning Department at the time of site plan review. (P) 7. Street Trees. Street trees shall be planted along both sides of the interior roads and the entrance road from Lucks Lane into the development in accordance with the Zoning Ordinance. If existing trees are maintained, they may be counted toward this requirement in accordance with Zoning Ordinance. (P) 8. Supplemental Landscaping. Supplemental landscaping shall be provided on the street side of all buildings, between buildings and driveways, within medians, and within common areas. Such landscaping shall be designed to: minimize the predominance of building mass and paved areas; define private spaces; and enhance the residential character of the development. The Planning Department, at the time of site plan review, shall approve the landscaping plan with respect to the exact numbers, spacing, arrangement and species of plantings. (P) 18-788 12/12/18 1C It CEJ [A 9. Lighting. Street lights shall be decorative with a residential character and a non -glare design. Light poles shall have a maximum height of fifteen (15) feet and shall be located in general conformance with Exhibit B attached hereto. (P) 10. Recreation Areas. Recreation areas shall include a pavilion, garden area, dog park and trail and shall be in general conformance with the conceptual plan attached hereto as Exhibits B and C. Part of the area shall be "hardscaped" (brushed concrete, stamped concrete, asphalt, or pavers). The exact design and location shall be approved by the Planning Department at the time of site plan review. (P) 11. Driveways. All private driveways and front walks shall be "hardscaped" (brushed concrete, stamped concrete, asphalt, or pavers). Front walks shall be a minimum of 3 feet in width. (P) 12. Foundation Treatment. All exposed portions of the foundation, with the exception of exposed piers supporting front porches of each new dwelling unit shall be faced with brick or stone veneer measured to a minimum of twenty-four (24") above grade. The brick or stone used for the foundation shall be counted towards brick or stone masonry percentages referenced in Proffer #2 (b) . (P and BI) 13. Virginia Condominium Act. All dwelling units on the Property shall be condominiums as defined and regulated by the Virginia Condominium Act, and all common areas and improvements therein shall be maintained by a condominium association. (P) 14. Cash Proffer. For each dwelling unit, the applicant, sub -divider, or assignee(s) shall pay $2,914 per dwelling unit to the County of Chesterfield for road improvements within the service district for the property. Each payment shall be made prior to the issuance of a certificate of occupancy for a dwelling unit unless state law modifies the timing of the payment. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward, but not be in addition to, any impact fees, in a manner determined by the County. (BM) 15. Road Improvements. Prior to the issuance of an occupancy permit, the following road improvements shall be completed, as determined by the Transportation Department: A. Construction of additional pavement along Lucks Lane at the approved access to provide a right turn lane; B. Construction of a sidewalk along the north side of Lucks Lane for the entire Property frontage exclusive of the wetland areas and Resource Protection Area (RPA), unless construction within 18-789 12/12/18 the RPA is approved by the Environmental Engineering Department, with modifications approved by the Transportation Department; and C. Dedication to and for the benefit of Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. (T) 16. Dwelling Size. The dwelling units shall have a minimum finished floor area of 1,500 square feet. (P and BI) 17. Access Easement. An access easement to the internal public roadways shall be provided to GPIN 7416976714 prior to the issuance of an occupancy permit. (P and T) 18. Garage Doors. Visual impacts of garage doors shall be minimized through the use of architectural fenestration and/or orientation. (P) 19. Entrance Design. The entrance shall be in general conformance with Exhibit C attached hereto. (P) 20. Density. Density shall be limited to a maximum of sixty- two (62) dwelling units. (P) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 199N0529 In Matoaca Magisterial District, 6801 Woolridge Road - Moseley LP (project commonly known as Summit at Magnolia Green) requests amendment of zoning approval (Case 89SN0343) relative to uses and development standards and amendment of zoning district map in a Residential (R-9) District on 106.1 acres located 750 feet off the north line of Hull Street Road, measured from a point 1,615 feet east of Beaver Bridge Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Regional Mixed use. Tax IDs 697- 669-8376; 698-668-6389 and 701-673 Part of 6848. Ms. Orr presented a summary of Case 19SN0529 and stated both the Planning Commission and staff recommended approval, subject to the condition. She further stated the proposed land use provides urban design standards to achieve a high intensity and density, innovative, and quality development as suggested by the Comprehensive Plan. She stated quality design and architecture offered by the applicant provide for a convenient, attractive and harmonious community that is comparable to the surrounding development. She further stated the Lower Magnolia Green Community Development Authority (CDA) was established to address road improvements related to the development of Magnolia Green, such as widening of Woolridge Road from the Swift Creek Reservoir to Otterdale Road. Mr. Mincks clarified the condition. 18-790 12/12/18 PE CEJ In response to Mr. Winslow's question, Ms. Orr stated Environmental Engineering has provided many protections to the area of the Upper Swift Creek Watershed, highlighted by the proffered conditions. Mr. Jim Theobald, representing the applicant, accepted the condition. In response to Mr. Mincks' question, Mr. Theobald stated he believes the conditions proffered within the Textual Statement are reasonable under state law. Ms. Jaeckle called for public comment. Mr. Bill Woodfin, Matoaca District resident, spoke in favor of the development plan and urged the Board to approve the request. Ms. Janie Smith, resident of Magnolia Green, urged the Board to approve the request and described her enjoyable experience as a resident of the Magnolia Green community. There being no one else to speak to the issue, the public hearing was closed. Mr. Elswick clarified the density of the upper and lower portion of Magnolia Green. Mr. Elswick then made a motion, seconded by Mr. Holland, for the Board to approve Case 19SN0529, subject to the one condition; and a) that real estate tax revenue generated by the Summit development be identified annually by staff and applied to transportation improvements within the traffic shed in which the Summit is located, or any traffic shed which would provide relief to that shed, including improvements to provide four lanes on Otterdale Road from Hull Street Road to Woolridge Road; b) that this application of tax revenue be reflected in future appropriation resolutions; and c) that this application of Summit development tax revenue not be changed unless it is changed by public vote of the Board of Supervisors after holding a public hearing. Discussion ensued relative to support for the development and the importance of addressing critical transportation needs in the western area of the county. Ms. Jaeckle called for a final vote on Mr. Elswick's motion, seconded by Mr. Holland, for the Board to approve Case 19SN0529, subject to the following condition: The Textual Statement dated 11/14/18 and attached hereto replaces and amends the following in the approved Textual Statement of Case 89SN0343 for the development of a Life Plan Community in CC -6 and CC -7 Tracts. All other conditions of Case 89SN0343 shall remain in force and effect: Condition 1 (footnote**); Condition 3.A.3.d.; Condition 5.A. (heading, Charts 1 and 2 and Add footnotes 12 and 13); Condition 5.D (Permitted Uses, Condition 2) and Condition 5.D Required Conditions (Add Condition 17) (P) And, further, the Board approved a) that real estate tax revenue generated by the Summit development be identified annually by staff and applied to transportation improvements within the traffic shed in which the Summit is located, or any traffic shed which would provide relief to that shed, including improvements to provide four lanes on Otterdale 18-791 12/12/18 Road from Hull Street Road to Woolridge Road; b) that this application of tax revenue be reflected in future appropriation resolutions; and c) that this application of Summit development tax revenue not be changed unless it is changed by public vote of the Board of Supervisors after holding a public hearing. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. TARM0644 In Midlothian Magisterial District, Tarrington Holding, LLC and S&S Properties, L.C. (project commonly known as Tarrington) request amendment of zoning approval (Case 02SN0131) to permit single family residential uses within parcel C and amendment of zoning district map in a Residential (R-25) District on 8.4 acres fronting 570 feet on the east line of Ashwell Drive across from Edmonton Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Low Density Residential use (maximum of 1.0 dwelling per acre). Tax IDs 732-724-8548 and 736-726 Part of 4969. Ms. Jane Peterson presented a summary of Case 18SNO644 and stated both the Planning Commission and staff recommended approval, subject to the condition. She further stated with the request, the applicant proposes to replace the commercial, office and recreational uses with the development of twelve single family residential dwellings on cluster lots, yielding a density of 0.7 dwelling units per acre. She stated except for "Community Area" and restrictive covenants, these cluster homes would be developed consistent with the requirements of Parcel B of Case 02SNO131 and additional design standards proffered in the case. She further stated conditions proffered with the request provide design and architectural standards comparable in quality to the surrounding community. Mr. Will Shewmake, representing the applicant, accepted the condition. He noted that after citizen feedback from the first community meeting, changes were made to the case to include the removal of recreation in favor of landscaped open space/buffer; architecture and lot design is consistent with neighboring Parcel B; and quality provisions beyond those of the original 2002 case. He stated stormwater management regulations are in place with compliance determined at plans review; commercial is not the best use for the property and would create more of an impervious area than residential; and completed road improvements along Robious Road and Rivington Drive satisfy Road Cash Proffer with no new lot increase. In response to Mr. Mincks' question, Mr. Shewmake stated he believes the conditions proffered within the Textual Statement are reasonable under state law. Ms. Jaeckle called for public comment. There being no one to speak to the issue, the public hearing was closed. Ms. Haley expressed appreciation to Ms. Peterson and Mr. Shewmake for their comprehensive presentations and voiced her 18-792 12/12/18 It L�] It support of the request. On motion of Ms. Haley, seconded by Mr. Elswick, the Board approved Case 18SN0644, subject to the following condition: The Textual Statement dated 11/13/2018 and attached hereto shall replace Paragraph B.5 (Parcel C) of the approved Textual Statement for Case 02SN0131, being signed 3/22/02, as amended on April 16, 2002 (the Master Plan). (P) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 18SN0836 In Midlothian Magisterial District, Thalhimer Realty Partners (project commonly known as Winterfield) requests rezoning from Residential (R-7) to Neighborhood Business (C-2) of 2.8 acres and Townhouse Residential (R-TH) of 3 acres plus conditional use planned development to permit exceptions to ordinance requirements on the entire 5.8 -acre tract and amendment of zoning district map. The property is located in the northeast quadrant of Midlothian Turnpike and Winterfield Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential and mixed uses within a Village Fringe Area. Tax IDs, 725-709-9433 and 9911; 726- 708-0495, 1397 and Part of 3588; 726-709-0149, 0434, 0813, 1718, 2430 and 3003. Ms. Orr presented a summary of Case 18SN0836 and stated both the Planning Commission and staff has recommended approval and acceptance of the proffered conditions. She further stated a development including a maximum of 50 townhomes and neighborhood commercial uses with up to 15 above shop multi- family residential units is planned. She stated the applicant has proffered design and architectural standards to ensure a well-designed, quality development comparable with the surrounding area. She further stated the applicant has proffered to realign the existing Winterfield Road roundabout and approaches and install/maintain of landscaping and features within the Winterfield roundabout to off -set the development's impact on roads. Mr. Andy Condlin, representing the applicant, accepted the recommendation and stated he believes the conditions proffered are reasonable under state law. Ms. Jaeckle called for public comment. There being no one to speak to the issue, the public hearing was closed. Ms. Haley voiced her support of the request and stated the proposal is an indication of where the area is moving towards the development of the Midlothian Village Plan. She noted strategies to maintain the historical integrity of the area. Ms. Haley then made a motion, seconded by Mr. Holland, for the Board to approve Case 18SN0836 and accept the following proffered conditions: 18-793 12/12/18 The Owner -Applicant in this rezoning Case 18SN0836, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, Virginia, for itself and its successor or assigns, proffers that the development of the Property will be developed as set forth below; however, in the event the request is denied or approved with conditions not agreed to by the Owner - Applicant, these proffers shall be immediately null and void and of no further force or effect. The following proffers shall apply to the entirety of the Property: 1. Master Plan. The Textual Statement last revised November 13, 2018, shall be considered the Master Plan. (P) 2. Concept Plan Requirements. The site shall be designed as generally depicted on "WINTERFIELD CONCEPT PLAN" dated October 9, 2018 and attached hereto as Exhibit A (the "Concept Plan"). However, the exact location of buildings, drive areas and parking areas may be modified provided that the general intent of the Concept Plan is maintained with respect to location of uses, internal road network and pedestrian environment. (P) 3. Common Area. The common area shown on the Concept Plan in the center of the Property shall serve as a focal point upon entry into the Property and shall serve both the residential and commercial portions of the Property. The common area shall include public spaces designed to include amenities that add high visual interest, such as, but not limited to: hardscaped areas; decorative paving units; decorative pedestrian -style lighting; benches; landscaped areas; plantings; bike racks; plazas; gathering areas; and other similar pedestrian elements. (P) 4. Street Lights. Decorative goose neck street lights will be provided along the Property boundary as it adjoins Midlothian Turnpike with a spacing of approximately 80 feet on center. The specific light fixture and spacing shall be approved by the Planning Director in conjunction with plan approval. The installation of the street lights may be phased as approved by the Planning Director based on the extent of the plan approval. (P) S. Street Trees. Street trees shall be provided along Midlothian Turnpike and Winterfield Road along the entire property frontage at a minimum of 40 feet on center unless there are conflicts with utilities, sightlines, and/or driveway areas and as otherwise approved by the Planning Director at time of plan approval. Street trees shall also be provided within the site along both sides of drive aisles (not including alleys) planted every 40 feet on center unless there are conflicts with utilities, sightlines, and/or driveway areas and as otherwise approved by the Planning Director at time of plan approval. (P) 18-794 12/12/18 PI W PI A 14 6. Sidewalks. There shall be an internal system of sidewalks and crosswalks within the development to provide pedestrian connections within the site and to the sidewalks provided along the adjoining roads. Sidewalk connections to adjoining properties shall be made along the East West Local Road, as hereinafter defined, and near the terminus of Winterfield Lane. The design, materials and exact location of such sidewalks and crosswalks shall be approved by the Planning Director at the time of plan review. (P) 7. Burning ban. The Developer shall not use burning to clear or timber the Property. (F) 8. Utilities. Public water and wastewater systems shall be used. (U) 9. Dedication. The following rights-of-way on the Property shall be dedicated, free and unrestricted, to Chesterfield County prior to any site plan approval, in conjunction with the recordation of the initial subdivision plat, or within sixty (60) days of a written request by the Transportation Department, whichever occurs first. a. A sixty (60) foot wide right-of-way for the east/west local road (the "East West Local Road") from Winterfield Road through the Property to the eastern Property line or in an alternative location acceptable to the Transportation Department. The exact location of this right-of-way shall be approved by the Transportation Department. b. Thirty-five (35) feet of right-of-way, on the east side of Winterfield Road, measured from the centerline of that part of Winterfield Road immediately adjacent to the Property. (T) 10. Access. Access to and from the Property shall be as follows: a. Direct vehicular access from the Property to Winterfield Road shall be limited to the East-West local road shown on the Concept Plan (the "East- West Local Road") and one entrance/exit limited to right -turns -in and right -turns -out only ("South Access"). The exact location of these accesses shall be approved by the Transportation Department. b. There shall be no direct vehicular access from the Property to Midlothian Turnpike (Route 60). (T) 11. Road Improvements. Prior to issuance of an occupancy permit on the Property, the developer shall be responsible for the following road improvements. The exact design and length of the improvements shall be approved by the Transportation Department: a. Construction of two lanes of the East West Local Road, to VDOT Urban Local Road standards, with modifications approved by the Transportation Department, from Winterfield Road to the eastern 18-795 12/12/18 property line. The exact location of the East West Local Road shall be approved by the Transportation Department. b. Construction of additional pavement along the northbound lanes of Winterfield Road at the approved South Access to provide a separate right turn lane. C. Construction of a raised median within Winterfield Road from the Winterfield Road roundabout to just south of the South Access to preclude left turns at the South Access. d. Construction of VDOT standard sidewalks along the entire property frontage to Route 60, Winterfield Road, and the East West Local Road. e. Abandonment and removal of existing Winterfield Lane on the property, if approved by VDOT and the Transportation Department. f. Construction of a cul-de-sac or other acceptable turnaround or other treatment approved by VDOT, at the proposed terminus of Winterfield Lane on the Property towards the eastern Property line, with modification approved by the Transportation Department. g. Realignment of the existing Winterfield Road roundabout and approaches to provide symmetric alignment with Winterfield Road. h. Installation and maintenance of landscaping and ornamental features within the Winterfield Road roundabout, as determined by the Transportation Department and as approved by the Virginia Department of Transportation. i. Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. (T) The following proffers shall apply to the area of the Property zoned C-2: 12. Architecture. Buildings shall be generally compatible with respect to building materials and architectural style with the elevations attached hereto as Exhibit B and dated October 5, 2018. All buildings shall have exterior wall surfaces constructed of brick, stone or cultured stone, and cementitious siding, exclusive of windows, doors, cornices, and accent treatments, or other comparable or better materials as approved by the Director of Planning. All buildings shall incorporate equal four sided architecture such that no building exterior (whether front, side or rear) shall consist of inferior materials or be inferior in quality, appearance or detail to any other exterior of the same building. No loading docks shall be permitted. No service doors shall face Midlothian Turnpike or Winterfield Road unless they 18-796 12/12/18 Ic 101 K [A are screened from view of public roads by landscaping, or low maintenance material, such as an opaque fence or wall, as approved by the Planning Director. (P and BI) 13. Building Height. Buildings shall be limited to a maximum of three stories in height. (P and BI) 14. Building Location. Buildings shall be generally located such that no parking or drives are between the buildings and Midlothian Turnpike and Winterfield Road; however, the location of the buildings, parking and drives may be modified as approved by the Planning Director at the time of plan approval. (P) 15. Density. No more than 45,000 total square foot of commercial space shall be permitted on the area of the Property zoned C-2. No individual tenant shall exceed 15,000 square feet of gross floor area. (P and BI) 16. Water Features. Any wet storm water management facility shall be designed as a visual amenity to create water features, which shall include pedestrian areas and fountain type aerators, unless specifically prohibited or restricted by law or government regulation, and as determined by Environmental Engineering. Any commercial building adjoining any such water feature shall include at least one entrance for a customer or guest access point facing such water feature, which shall be permitted to be a secured or unsecured patio or dining area. (P and EE) The following proffers shall apply to the area of the Property zoned R-TH: 17. Density. No more than 50 townhouse dwelling units shall be permitted on the area of the Property zoned R-TH. (P) 18. Front Walks. A walk shall be townhouse unit streets. (P) 19. Landscaping: minimum of a 42 -inch -wide concrete front provided to the front entrance of each to connect to drives, sidewalks or a. Except for foundation planting beds, front and corner side yards shall be sodded and irrigated. b. Foundation planting is required along the entire front facade of all townhouse units and shall extend along all sides facing a street. Foundation planting beds shall be a minimum of 3 feet wide from the dwelling foundation. Planting beds shall be defined with a trenched edge or suitable landscape edging material. Planting beds shall include medium shrubs, spaced a maximum of four (4) feet apart, and may include spreading groundcovers. Dwelling corners shall be visually softened with vertical accent shrubs (4'-5' in height at the time of planting). Planting bed deviations may be approved by the Planning Director at time of plan review due to unique design circumstances. (P) 18-797 12/12/18 20 Architecture and Materials: a. Townhouse units shall be generally compatible with respect to building materials and architectural style with the elevations shown on the rendering attached hereto as Exhibit C and dated October 5, 2018. All buildings shall have exterior wall surfaces constructed of brick, stone or cultured stone, and cementitious siding, exclusive of windows, doors, cornices, and accent treatments, or other comparable or better materials as approved by the Director of Planning. b. Townhouse units with the same elevations and color palette may not be located adjoining to or directly across from each other on the same street or access road. In either case, this requirement does not apply to dwellings on different streets or access roads backing up to each other. C. If the townhouse unit is constructed on a slab, brick or stone shall be employed around the base of the dwelling a minimum eighteen (18) inches above grade as to give the appearance of a foundation. Front facade porches shall have a minimum finished floor elevation of not less than 15 inches above grade at the front "build -to" line. All exposed portions of the foundation and exposed piers supporting front porches of each townhouse unit shall be faced with brick or stone veneer. d. Rooflines for each townhouse unit shall vary from adjoining, connected dwellings. Roofing materials for townhouse units shall be standing steam metal or dimensional architectural shingles or better with a minimum 30 -year warranty. (P and BI) 21. Heating, Ventilation and Air Conditioning (HVAC) Units and Generators. Heating, ventilation and air conditioning (HVAC) units and generators shall be screened from view of public roads by landscaping, or low maintenance material, such as an opaque fence or wall, or parapet wall, all as approved by the Planning Director. (P) 22. Alley Access. All garages for townhouse units shall be served by an alley, as generally shown on the Concept Plan, unless otherwise approved by the Planning Director at the time of plan review. (P) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 19SN0507 In Midlothian Magisterial District, Rob Lanphear (project commonly known as Salisbury Townhomes) requests conditional use to permit Townhouse Residential use plus conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map in a Community Business (C-3) District on 1.4 acres located on the 18-798 12/12/18 Ic W 14 south line of Pagehurst Drive and approximately 575 feet north of West Salisbury Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Convenience Business use. Tax IDs 723-720 Part of 0173 and 725-716-0231. Mr. Drew Noxon presented a summary of Case 19SNO507 and stated the Planning Commission and Transportation staff recommended approval and acceptance of the proffered conditions; however, Planning staff recommended denial because the proposed land use does not comply with the Comprehensive Plan, which suggests the property is appropriate for commercial use; and requested ordinance exceptions are a result of accommodating residential uses on a small portion of a project planned, developed and occupied by non-residential uses. Mr. Andy Scherzer, representing the applicant, accepted the Planning Commission's recommendation and stated he believes the conditions proffered are reasonable under state law. Ms. Jaeckle called for public comment. There being no one to speak to the issue, the public hearing was closed. Ms. Haley expressed her appreciation to Mr. Scherzer for working diligently within the community to make sure citizens were informed and included in discussions. Ms. Haley then made a motion, seconded by Mr. Elswick, for the Board to approve Case 19SNO507 and accept the following proffered conditions: 1. Master Plan. The Textual Statement, last revised November 9, 2018, and Conceptual Plan, last revised November 2, 2018, shall be considered the Master Plan. Development of the Property shall generally conform to the Conceptual Plan, with respect to the orientation of townhouses and general layout of roads and lots. Adjustments to the Conceptual Plan may be approved at the time of site plan review, provided such adjustments substantially retain the relationship between townhouses, roads, and lots. If adjustments are deemed to be significant, the Conceptual Plan shall be presented to the Planning Commission for final approval. (P) 2. Utilities. Public water and wastewater shall be used. (U) 3. Road Cash Proffer. a. The applicant, sub -divider, or assignee (s) shall pay $5,922 for each townhouse unit to the County of Chesterfield for road improvements within the service district for the property. b. Each payment shall be made prior to the issuance of a building permit for a dwelling unit unless state law modifies the timing of the payment. Should Chesterfield County impose impact fees at any time 18-799 12/12/18 4 during the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward, but not in addition to, any impact fees, in a manner determined by the County. C. At the option of the Transportation Department, cash proffer payments may be reduced for the cost of road improvements provided the applicant, sub- divider, or assignee(s), as determined by the Transportation Department. (T, B&M) Architectural/Design Elements. a. Driveways and Front Walks. i. Driveways. All private driveways serving residential uses shall be brushed concrete, stamped concrete, exposed aggregate concrete, decorative pavers, or asphalt. ii. Walkways. A minimum three (3) foot wide concrete, or decorative pavers, front walk shall be provided from the sidewalk along Pagehurst Drive to the front entry. iii. Sidewalk. In the event that the existing sidewalk along either Pagehurst Drive or Steeplestone Drive is damaged or destroyed during construction, the developer shall provide a sidewalk in the same location before the issuance of the last certificate of occupancy. b. Landscaping and Yards. i. Front and Corner Side Yards. All front yards and corner side yards shall be sodded and irrigated. ii. Front Foundation Planting Beds. Foundation planting is required along the entire front facade of all dwelling units and shall extend along all sides facing a street. Foundation planting beds shall be a minimum of three (3) feet wide from the unit foundation. Planting beds shall include medium shrubs spaced a maximum of four (4) feet apart. Unit corners shall be visually softened with vertical accent shrubs (4'-5') at the time of planting. C. Architecture and Materials. i. Conceptual Elevations. Development of the Property shall be in general conformance with the architectural appearance as shown in the conceptual elevations dated October 18, 2018. 18-800 12/12/18 Ic 9 14 ii. Siding. Acceptable siding materials include brick, stone, stucco (E.I.F.S.), shake shingle or scallops, board and batten, horizontal lap exclusive of dutch lap, horizontal board and batten, LP Smart Siding, Everlast and Celect, or a combination thereof. Siding may be manufactured from cement fiber board, including, but not limited to, hardiplank. Plywood, vinyl, and metal siding are not permitted. Synthetic stucco (E.I.F.S.) siding shall be finished in smooth, sand or level texture. Rough textures are not permitted. iii. Foundations. All foundation of each faced with brick or exposed portions of the dwelling unit shall be stone veneer. iv. Units Constructed on Slab. If the dwelling unit is constructed on a slab, brick or stone shall be employed around the base of the front, corner sides, and sides of the dwelling unit a minimum twenty-four (24) inches and on the rear of the dwelling unit a minimum eight (8) inches above grade to give the appearance of a foundation. V. Corner Side Facade. On corner lots, the corner side facade of dwelling units shall employ complimentary materials and fenestration to that of the front facade. d. Roofing Material. Dimensional architectural shingles or better, having a minimum 30 -year warranty, and algae protection warranty shall be used. Accent roofing material, such as copper and standing seam metal, shall be permitted. e. Porches and Stoops. i. Front porches. Front entry stoops and front porches shall be constructed with continuous masonry foundation wall. Where provided or required by code on elevated porches, handrails and railings shall be vinyl or metal railing with vertical pickets or swan balusters. Pickets shall be supported on top and bottom rails that space between columns. ii. Front Porch Flooring. Porch flooring may be concrete, exposed aggregate concrete, or a finished paving material such as stone, tile, or brick. f. Detached Garages and Accessory Structures. i. If provided, detached garages shall be located along the rear alleyway and use an upgraded garage door. 18-801 12/12/18 5. 21 ii. An all brick detached garage shall be provided on the units adjacent to Steeplestone Drive and Tax ID 724-716-5240 and shall use an upgraded garage door. iii. Detached garages and accessory structures shall be architecturally compatible with and employ comparable quality of materials to that of the dwelling unit. iv. An upgraded garage door is any door with a minimum of two (2) enhanced features. Enhanced features shall include windows, raised panels, decorative panels, arches, hinge straps or other architectural features on the exterior that enhance the entry (i.e. decorative lintels, shed roof overhangs, arches, columns, keystones, eyebrows, etc.) Flat panel garage doors are prohibited. g. Heating, Ventilation and Air Conditioning (HVAC) Units, and Whole House Generators. Units shall initially be screened from view by landscaping or low maintenance material. (P) Fences/Walls. a. A brick wall, minimum of 42 inches and maximum of six (6) feet, shall be provided between the dwelling unit and detached garage along Steeplestone Drive as shown on the Conceptual Plan. b. Any rear yard fences or walls constructed shall be pressure treated lumber, fiber cement lumber, composite, brick, wrought iron and/or comparable material. The height of rear yard fences shall not exceed six (6) feet. (P) Dwelling Units Per Building. A maximum of five (5) dwelling units shall be attached. (P) 7. Landscaping. Front yard trees shall be provided along Pagehurst Drive, as generally shown on the Conceptual Plan. A five (5) foot wide easement for evergreen screening shall be provided along the rear property line adjacent to Tax ID 724-716-7610, as generally shown on the Conceptual Plan. Landscaping shall be provided and maintained between buildings to minimize the predominance of building mass and paved areas and enhance the residential character of the development. A landscape plan shall be submitted and approved at time of plans review with respect to the exact numbers, spacing, arrangement and species of plantings. (P) 8. Height. The height of any dwelling or accessory structure shall not exceed two (2) stories. (P) 9. Homeowners' Association. A homeowners' association shall be required. In conjunction with submission of a final plat for the subdivision, the sub -divider shall submit the proposed articles of incorporation, bylaws, and restrictive covenants, to include rear alleyway and 18-802 12/12/18 Ic A A exterior maintenance agreements, to the director of planning and county attorney's office for review and approval. (P) 10. Density. The maximum density of this development shall not exceed nine (9) units. (P) 11. Permitted Uses. The 716-0231 shall be Community Business prohibited. (P) only permitted use for Tax ID 725 - Residential Townhouse (R-TH). All (C-3) District uses shall be Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 1Qgwnc;r%r% In Bermuda Magisterial District, the Davadi Homes of Virginia requests rezoning from Community Business (C-3) to Residential (R-12) on 0.8 acre fronting 65 feet on the north line of Alcott Road, 478 feet east of Jefferson Davis Highway, and amendment of zoning district map. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Neighborhood Business use. Tax ID 791-679-7745. Mr. David Dameron presented a summary of Case 19SN0556 and stated both the Planning Commission and staff recommended denial because the proposed residential zoning and land use do not comply with the Comprehensive Plan which suggests the property is appropriate for commercial uses; and the proposal is not in compliance with the Comprehensive Plan goals or Zoning Ordinance because it does not address quality residential development elements needed to create attractive, well-planned and well-maintained communities that are unique, viable and long lasting. Ms. Angela Kidd, representing the applicant, accepted the proffered condition. In response to Mr. Mincks' question, Ms. Kidd stated she believes the condition proffered is reasonable under state law. Ms. Jaeckle called for public comment. There being no one to speak to the issue, the public hearing was closed. Ms. Jaeckle stated the Jefferson Davis Area Plan has just been redone and the proposal is in opposition to the Plan. Ms. Jaeckle then made a motion, seconded by Ms. Haley, for the Board to deny Case 19SN0556. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 18-803 12/12/18 16. PUBLIC HEARINGS 16.A. TO CONSIDER AN AMENDMENT TO SECTION 9-14 OF THE COUNTY CODE RELATING TO PROCEDURES FOR REAL ESTATE ASSESSMENTS AND REASSESSMENTS Mr. Mincks stated this date and time has been advertised for the Board to consider an amendment to Section 9-14 of the County Code relating to procedures for real estate assessments and reassessments. He further stated currently the County Code provides mail and hand -delivery as the two options for taxpayers to submit applications to appeal their real property tax assessment. He stated the Code of Virginia grants the Board of Supervisors the option to accept such applications electronically, in addition to mail and hand - delivery. He further stated the proposed amendments would add electronic submission as an option for the submission of these applications to the real estate assessor's office. Ms. Jaeckle called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Elswick, seconded by Mr. Winslow, 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 9-14 RELATING TO PROCEDURES FOR REAL ESTATE ASSESSMENTS AND REASSESSMENTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9-14 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 9-14. Real estate assessments and reassessments— Procedures. The assessor and the board of equalization shall follow the following procedures in the assessment of real estate in the county: (a) The real estate assessment office shall notify each affected taxpayer in writing on or before February 1 of any year in which the assessor makes a new or changed assessment. The notice shall be mailed to the last known address shown on the county land books. (b) Any affected taxpayer, or person with a substantial legal or equitable interest in the property involved, or any duly appointed representative of such persons, or any authorized representative of the county board of supervisors may appear before the assessor to present objections to the assessment by filing a written protest on forms provided by the assessor. The written protest, which shall include all required supporting documentation, shall be filed with the office of real estate assessments by March 15 of the year in which the 18-804 12/12/18 Ic It P] A assessor makes a new or changed assessment. If the written protest is mailed, the postmark date shall be considered the date of receipt of the written protest. If the written protest is sent electronically, the date such person sends the written protest shall be considered the date of receipt of the written protest. The written protest is considered sent when it meets the requirements of subsection (a) of Code of Virginia, § 59.1-493. An executed and properly notarized letter from the property owner designating an appointed representative for the taxpayer shall be presumed to be a valid designation from the taxpayer, and the person whose signature is notarized shall be presumed to have the authority to designate such representative on behalf of the taxpayer. (c) Such person may also, after filing a written protest with and appearing before the assessor as provided in subsection (b), file a request for relief of the assessment with the board of equalization no later than April 15 of the year in which the assessor makes a new or changed assessment. The request shall be made on forms prescribed by the board of equalization and made available through the office of real estate assessments. If the request for relief is mailed, -Tthe postmark date shall be considered the date of receipt of the request. If the request for relief is sent electronically, the date such person sends the request shall be considered the date of receipt of the request. The request is considered sent when it meets the requirements of subsection (a) of Code of Virginia, § 59.1-493. The board of equalization of real estate assessments shall provide all those requesting relief an opportunity to be heard in person, with witnesses, and by counsel, but may also allow submissions of memoranda verified under oath. (d) In any appeal of the assessment of residential property filed by a taxpayer as an owner of real property containing less than four residential units (i) to the board of equalization pursuant to Code of Virginia, § 58.1-3379, or (ii) to circuit court pursuant to Code of Virginia, § 58.1-3984, the assessor shall send the taxpayer a written notice provided for in this subsection. Such notification shall be on the first page of such notice and be in bold type no smaller than fourteen points and mailed to, or posted at, the last known address of the taxpayer as shown on the current real estate tax assessment records. Notice under this subsection shall satisfy the notice requirements of Code of Virginia, § 58.1-3331. In an appeal before the board of equalization, such written notice may be contained in the written notice of the hearing date before the board. For all applicable assessments on or after January 1, 2012, such written notice shall: (a) be given at least 45 days prior to the hearing of the taxpayer's appeal; (b) include a statement informing the taxpayer of his rights under Code of Virginia, § 58.1-3331 and this section to review and obtain copies of all of the assessment records pertaining to the assessor's determination of fair market value of such real property; and (c) advise 18-805 12/12/18 the taxpayer of his right to request that the assessor make a physical examination of the subject property. Furthermore, in any such appeal by a taxpayer as owner of real property containing less than four residential units, the assessor upon written request shall provide the taxpayer or his duly authorized representative copies of the assessment records set out in subsections A, B, and C of Code of Virginia, § 58.1-3331 pertaining to the assessor's determination of fair market value of the property under appeal. In an appeal to the board of equalization, the assessor shall provide such records within 15 days of the written request. In an appeal to the circuit court, any such written request by the taxpayer or his duly authorized representative shall be made following the filing of the appeal to circuit court and no later than 45 days prior to trial, unless otherwise provided by an order of the court. Provided the written request is made in accordance with Code of Virginia, § 58.1-3984 and this subsection or any applicable court order, the assessor shall provide such records within 15 days of the written request. If the assessor fails to provide the assessment records set out in subsections A, B, and C of Code of Virginia, § 58.1-3331 after written request as addressed above, the assessor shall present the following into evidence prior to the presentation of evidence by the taxpayer at the hearing before the board of equalization or the circuit court, as applicable: (i) copies of the assessment records maintained by the assessor under Code of Virginia § 58.1-3331, (ii) testimony that explains the methodologies employed by the assessor to determine the assessed value of the property, and (iii) testimony that states that the assessed value was arrived at in accordance with generally accepted appraisal practices, procedures, rules, and standards as prescribed by nationally recognized professional appraisal organizations such as the International Association of Assessing Officers (IAAO) and applicable Virginia law regarding the valuation of property. (e) The board of equalization shall publish notice in a newspaper having general circulation in the county, giving the regular time and place of its hearings, and instruct the sheriff to post such a notice at the courthouse and at each voting precinct, at least ten days prior to each sitting in accordance with Code of Virginia, § 58.1-3378. (f) The board of equalization shall rule upon all protested assessments within 90 days from the date of hearing or by June 15, whichever occurs first. The board shall certify to the assessor all of its actions that affect assessments of real estate in the county. 18-806 12/12/18 P] (g) The board of equalization shall hear and determine all appeals and, by order, may increase, decrease or affirm the assessment of which complaint is made. Furthermore, the board of equalization, by order, may increase or decrease any assessment upon its own motion. However, no assessment shall be increased until after the owner of the property has been notified and given an opportunity to show cause against such increase. Upon considering an appeal, nothing shall be construed to prohibit consideration of any statement of income and expense or market sales that occurred through December 31, prior to the effective date of the assessment, so long as such information is submitted to the board no later than April 15. No studies or analyses published after December 31 immediately preceding the effective date of the assessment shall be considered in an appeal filed relating to that assessment. An appeal before the board of equalization regarding an assessment on residential property shall not be denied on the basis of a lack of information on the application, as long as the application includes the address, the tax parcel number, and the owner's proposed assessed value for the property. An appeal before the board of equalization regarding an assessment on commercial, multi -family residential, or industrial property on the basis of fair market value shall not be denied on the basis of a lack of information on the application,, as long as documentation of any applicable assessment methodologies is submitted with the application, and the application includes the address, the parcel number, and the owner's proposed assessed value for the property. In addition, no assessment shall be increased on commercial, multi -family residential, or industrial property unless such increase is recommended by the assessor in compliance with the provisions of 4Code of Virginia, § 58.1-3379. (h) The assessor's office shall prepare notice of the decisions of the board of equalization in triplicate and one copy shall be filed with the minutes of the board of equalization, one copy shall be filed with the records of the director of real estate assessments and one copy shall be mailed, first class, to the protestant and affected taxpayer. (i) If no one files an application for relief by April 15, the board of equalization shall be deemed to have discharged its duties. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 18-807 12/12/18 16.B. TO CONSIDER AN AMENDMENT TO SECTION 17-56 OF THE COUNTY CODE RELATING TO RESOURCE PROTECTION AREA DESIGNATION FOR LINE MODIFICATION PLATS Mr. Ray Cash stated this date and time has been advertised for the Board to consider an amendment to Section 17-56 of the County Code relating to Resource Protection Area Designation for line modification plats. He further stated for residential subdivision plats certain information is required to comply with federal, state and county requirements. He stated such information helps determine the buildability of such parcels under regulatory provisions and ensures that current and future owners of a residential property can utilize it for a dwelling. He further stated a primary area of concern for many subdividers is the requirement for a Resource Protection Area designation (RPAD) as this may be a costly endeavor depending upon scope of RPA features. He stated recognizing the expense and effort involved in such action for line modification plats, staff was asked to develop a solution to alleviate the requirement under certain conditions. Ms. Jaeckle called for public comment. There being no one to speak to the issue, the public hearing was closed. Mr. Winslow noted his support of the proposal. On motion of Mr. Elswick, seconded by Mr. Winslow, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTION 17-56 OF THE SUBDIVISION ORDINANCE RELATING TO RESOURCE PROTECTION AREA DESIGNATION FOR LINE MODIFICATION PLATS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 17-56 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted, to read as follows: Chapter 17 SUBDIVISION OF LAND 000 1. Sec. 17-S6. Plan and plat requirements. tee•• Ic E In addition to any requirements for a specific application, the Application Typ following items shall be provided as specified for each plat or .. : 0 plan type when the applicable column is marked with an •'�° as �+ "' 66X9% � o 18-808 12/12/18 (2) That this ordinance shall become effective immediately after adoption. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 18-809 12/12/18 Application Type 000 In addition to any requirements for a specific application, the f 141 A Resource Protection Area designation may be waived for a lot or parcel within a line modification plat where the director of environmental engineering determines that there is sufficient evidence to suggest environmental features do not exist on a resulting parcel or the following items shall be provided as specified for each plat or proposed modification is unlikely to affect the buildability of the resulting lot or parcel. For an plat exempted under this footnote an advisory certificate shall be provided which states "The mapping information is not intended to represent all topographic and environmental features on plan type when the applicable column is marked with an •� a. 0 ° �-' o w engineering research on such items as, but not limited to: soil type, wetlands, floodplains, KV»• A py ; V 1:6 �o py V where designation is waived a deed restriction shall be recorded on each property which states "This lot/parcel was modified without mapping and research of topographic and environmental features that may limit or preclude the ability to construct a residential dwelling and/or other structures. A Resource Protection Area designation and/or other additional engineering researc 000 on such items as, but not limited to: soil type, wetlands, floodplains, adequate culverts for B.116 tone.. e p0ovidod and/or depicted,:as aPpbie driveway crossings of streams or floodplains, etc. will be required based upon individual parcel/lot requirements at time of building permit or plan review." 24. Environmental features: a. The limits of established watercourses, manmade drainage conveyance systems, mapped dam break inundation zones, preliminary wetland boundaries and X X their anticipated impacts, floodplains, conservation areas, RPAs and approximate location and surface area of BMPs 1131 b. CBPA areas as described in chapter 19.1 [1311141 X X X X c. Location and labeling of conservation areas, wetlands, RPAs, floodplains, backwater(s), and elevations with X X survey tielines and /or tiedowns[141 d. CBPA preservation areas described in chapter 19. 1, with a note indicating the method of CBPA compliance, the X X type of facility utilized, as well as recordation information 000 (2) That this ordinance shall become effective immediately after adoption. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 18-809 12/12/18 000 f 141 A Resource Protection Area designation may be waived for a lot or parcel within a line modification plat where the director of environmental engineering determines that there is sufficient evidence to suggest environmental features do not exist on a resulting parcel or the proposed modification is unlikely to affect the buildability of the resulting lot or parcel. For an plat exempted under this footnote an advisory certificate shall be provided which states "The mapping information is not intended to represent all topographic and environmental features on the lots or parcels which could limit or preclude the ability to construct a residential dwelling and/or other structures. A Resource Protection Area designation and/or other additional engineering research on such items as, but not limited to: soil type, wetlands, floodplains, adequate culverts for driveway crossings of streams or floodplains, etc. will be required based upon individual lot/parcel requirements at time of building permit or plan review." In addition where designation is waived a deed restriction shall be recorded on each property which states "This lot/parcel was modified without mapping and research of topographic and environmental features that may limit or preclude the ability to construct a residential dwelling and/or other structures. A Resource Protection Area designation and/or other additional engineering researc on such items as, but not limited to: soil type, wetlands, floodplains, adequate culverts for driveway crossings of streams or floodplains, etc. will be required based upon individual parcel/lot requirements at time of building permit or plan review." (2) That this ordinance shall become effective immediately after adoption. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 18-809 12/12/18 16.C. TO CONSIDER AN AMENDMENT TO SECTIONS 19.1-1, 19.1-14 AND 19.1-15 OF THE COUNTY CODE RELATING TO VARIANCE AND ZONING FOR PERSONS WITH DISABILITIES Mr. Cash stated this date and time has been advertised for the Board to consider an amendment to Sections 19.1-1, 19.1- 14 and 19.1-15 of the County Code relating to variance and zoning for persons with disabilities. He further stated the state code was amended this year to require (i) that a locality give consideration to the need for reasonable modifications in accordance with the Americans with Disabilities Act or state and federal fair housing laws when preparing a zoning ordinance and (ii) the standards for a variance to include consideration of reasonable modifications for a person with a disability. He stated staff prepared an amendment based upon the state code legislation. He further stated the amendment would provide that the purpose of the zoning ordinance includes reasonable modifications in accordance with the Americans with Disabilities Act of 1990 or state and federal fair housing laws as applicable. He stated the amendment would also provide, as part of the justification for both Administrative and Board of Zoning Appeals variance approvals, the circumstance that the variance would alleviate a hardship by granting a reasonable modification to a property or improvements on behalf of a person with a disability. Ms. Jaeckle called for public comment. In response to Mr. Winslow's question, Mr. Cash stated the state code was amended to require localities to consider modifications of a property for a person with a disability. Mr. Elswick expressed his condolences to Mr. Cash on the passing of his father-in-law. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Elswick, seconded by Mr. Holland, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 19.1-1, 19.1- 14 & 19.1-15 OF THE ZONING ORDINANCE RELATING TO VARIANCE AND ZONING FOR PERSONS WITH DISABILITIES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19.1-1, 19.1-14 & 19.1-I5 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted, to read as follows: Chapter 19.1 ZONING A. Purpose. The purpose of this chapter is to promote the health, safety, convenience and general welfare of the public and to accomplish the objectives of the Code of Virginia. This chapter is designed to: • provide for adequate light, air, convenience of access, and safety from fire, flood, failure of impounding structures, crime and other dangers or conditions; 18-810 12/12/18 Ic It • reduce or prevent congestion in the public streets; • facilitate the creation of a convenient, attractive and harmonious community; • facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, wastewater, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements; • protect against destruction of, or encroachment upon, historic areas; • protect against overcrowding of land, undue density of population in relation to community facilities, obstruction of light and air, danger and congestion in travel and transportation, and loss of life, health, or property from fire, flood, panic or other dangers or conditions; • encourage economic development that provides desirable employment and enlarges the tax base; • provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment; • protect surface and ground -water; • promote the creation and preservation of affordable housing suitable for meeting the current and future needs of the county as well as a reasonable proportion of the current and future needs of the planning districts within which the county is situated; • provide reasonable protection against encroachment upon licensed public -use airports, as well as military bases, military installations, and military airports and their adjacent safety areas, excluding armories operated by the Virginia National Guard; and • provide reasonable modifications in accordance with the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et. seq.) or state and federal fair housing laws as applicable. If a request for a reasonable modification is made that is appropriate under the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable, such request shall be granted unless a variance is required in order for such request to be granted. 000 NEW A. Generally. The director of planning may grant an administrative variance from any building setback requirement. Pre -Application Conference with Staff B. Time Period for Acting on Modification. The director of planning shall approve or Submit Application with disapprove an application not less than 21 days red Requand F" after the date of notice of the application nor Supporting Documents Such as Plana more than 90 days after the application is received. Stab' Posts Property And Notifies Adjacent Property Owners C. Findings. In granting an administrative variance, the following findings shall be made Staff Analyzes Application in writing by the director of planning: 1 11 Director of Planning Makes Final Decision ->/12/18 • the strict application of the ordinance requirement would produce undue hardship or the variance would alleviate a hardship by granting a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability; • the hardship is not shared generally by other properties in the same zoning district and same vicinity; • the variance will not be of substantial detriment to adjacent property; and • the character of the zoning district will not be changed by the variance. In addition to other application requirements, for modifications to alleviate a hardship requested by, or on behalf of, a person with a disability the director may require documentation from the applicant to substantiate that such person meets the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131, et seq.) or state and federal fair housing laws. D. Conditions. In granting a variance, conditions may be imposed related to the impact of the variance as deemed necessary to substantially secure the objectives of the standards of this chapter. Unless conditioned otherwise by the director of planning, any variance granted to provide a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability shall expire when the person benefited by it is no longer in need of the variance to such property or improvements provided by the variance, subject to the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable. CO 000 B. Powers and Duties. The provisions of this section shall not be construed as granting the board of zoning appeals the power to rezone property or to base decisions on the merits of the purpose and intent of the zoning ordinance. The board of zoning appeals shall have the following powers and duties: 1. Variances. a. Standards and Findings for Granting a Variance. The board of zoning appeals shall grant a variance if the applicant proves through a preponderance of evidence that: • a strict application of this chapter would unreasonably restrict use of the property, or the variance would alleviate a hardship due to the physical condition of the property or improvements on the property at the time of the effective date of this chapter, as amended from time to time, or the variance would alleviate a hardship by granting a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability; • the property was acquired in good faith and any hardship was not created by the applicant; • substantial detriment will not occur to adjacent and nearby properties in the proximity of the geographic area in which the property is located; 18-812 12/12/18 • the condition, situation or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this chapter; • the application will not allow a use that is not otherwise permitted on the property, or change the zoning district classification for the property; and • the relief is not available through an administrative variance, special exception or conditional use. In addition to other application requirements, for modifications to alleviate a hardship requested by, or on behalf of, a person with a disability the director may require documentation from the applicant to substantiate that such person meets the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131, et seq.) or state and federal fair housing laws. b. Conditions and Guarantees. A building permitted by a variance may only be expanded if the expansion is in accordance with the provisions of this chapter unless an additional variance is obtained. In granting a variance, the board may impose conditions regarding the location, character and other features of the proposed structure or use as deemed necessary in the public interest. The board may also require a guarantee or bond to ensure that the conditions are satisfied. Unless conditioned otherwise by the board, any variance granted to provide a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability shall expire when the person benefited by it is no longer in need of the modification to such property or improvements provided by the variance, subject to the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable. ,'s0• That this ordinance shall become effective immediately after adoption. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 16.D. TO CONSIDER THE DECLARATION OF COUNTY PROPERTY ON KELLY GREEN DRIVE SURPLUS AND AUTHORIZE THE SALE OF THE PARCEL Mr. John Harmon stated this date and time has been advertised for the Board to consider the declaration of county property on Kelly Green Drive surplus and authorize the sale of the parcel. He further stated staff has received a request to sell a portion of the Clover Hill High School property containing 1 acre, more or less, located on Kelly Green Drive. He stated the property is cut off from the school site by the road, is not buildable and encumbered by a major gas easement and sewer force main easement. He further stated if approved, it will be combined with the adjacent parcels for development of an indoor sports performance academy (primarily baseball). He stated the Assessor's Office has determined that the fair market value of the property is $2500. He noted the request has been reviewed by county and 18-813 12/12/18 schools staff. He stated Schools is opposed to the sale due to potential traffic increases on Kelly Green Drive and possible future use by schools. Ms. Jaeckle 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 declared a portion of Parcel Number 732 687 3969 00000 surplus; authorized the sale of the property to Sports Performance Properties, LLC for $2500; and, authorized the Chairman of the Board of Supervisors and the County Administrator to execute the deed. In response to Mr. Holland's question, Mr. Harmon stated the property is cut off from the school site by the road, is not buildable and encumbered by a major gas easement and sewer force main easement. Ms. Jaeckle called for a final vote on Mr. Winslow's motion, seconded by Ms. Haley, for the Board to declare a portion of Parcel Number 732 687 3969 00000 surplus; authorize the sale of the property to Sports Performance Properties, LLC for $2500; and, authorize the Chairman of the Board of Supervisors and the County Administrator to execute the deed. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 17. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining manufactured home permits and zoning requests. 18. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 19. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(1) PERTAINING TO THE PERFORMANCE OF SPECIFIC COUNTY 7VVT.nv77c On motion of Ms. Haley, seconded by Mr. Elswick, the Board went into closed session pursuant to Section 2.2-3711(A)(1) pertaining to the performance of specific county employees. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. On motion of Mr. Winslow, seconded by Ms. Haley, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and 18-814 12/12/18 E P] A 14 WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in Closed Session to which this certification applies, and ii) only such business matters were identified in the motion by which the Closed Session was convened were heard, discussed or considered by the Board. No member dissents from this certification. Mr. Winslow: Aye. Mr. Elswick: Aye. Ms. Haley: Aye. Ms. Jaeckle: Aye. Mr. Holland: Aye. 20. ADJOURNMENT On motion of Ms. Haley, seconded by Mr. Holland, the Board adjourned at 8:53 p.m. to January 9, 2019 at 6:00 p.m. for the Board's annual organizational meeting. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. oam, U 0""tJ J eph P Casey DorotAy A. aeckle County Administrator Chairman 18-815 12/12/18 It PC