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2022-02-23 MinutesBOARD OF SUPERVISORS MINUTES FEBRUARY 23, 2022 Supervisors in Attendance: Mr. Christopher M. Winslow, Chair Ms. Leslie A. T. Haley, Vice Chair Mr. James A. Ingle, Jr. Mr. James M. Holland Mr. Kevin P. Carroll Dr. Joseph P. Casey County Administrator Mr. Winslow called the meeting to order at 1:00 p.m. He reviewed COVID-19 protocols for masks and spatial distancing. 1. APPROVAL OF MINUTES On motion of Ms. Haley, seconded by Mr. Carroll, the Board of Supervisors approved the minutes of January 26, 2022, as submitted. Ayes: Winslow, Haley, Ingle and Carroll. Nays: None, Absent: Holland. 2. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION There were no requests to postpone agenda items, additions, deletions or changes in the order of presentation at this time. 3. WORE SESSIONS 3.A. EVERYDAY EXCELLENCE - DEPARTMENT OF UTILITIES Dr. Casey stated each year the Department of Utilities administers an Employee of the Year program in which employees nominate fellow employees throughout the department for this distinguished recognition. He introduced this year's Employee of the Year, Mr. Jerry Giles, Jr., who was accompanied by Assistant Directors Dr. Scott Morris and Mr. Mike Nannery. Mr. Giles expressed his appreciation for the recognition. Be stated it takes everyone in Utilities as a team to provide outstanding customer service. He provided details of a recent medical emergency he suffered and credited Chesterfield Fire and Emergency Medical Services Station 21 for saving his life. He stated everyone should be proud of the county and its leadership. He thanked the Board for taking care of the employees. Mr. Winslow expressed appreciation to Mr. Giles for his hard work and dedication. 22-94 2/23/2022 Mr. Nannery expressed appreciation for being able to continue the Employee of the Year program and for being able to recognize Mr. Giles. Mr. Holland arrived at 1:04 p.m. 3.8. GREATER RICHMOND PARTNERSHIP UPDATE V Ms. Jennifer Wakefield, President and Chief Executive Officer of the Greater Richmond Partnership (GRP), provided the Board with an update on GRP's activities and initiatives. She stated GRP is the lead regional economic development organization for the City of Richmond and counties of Chesterfield, Hanover, and Henrico, and it works to recruit companies to this market. She provided a brief history of the organization and details about its partners, board officers, board members, and regional leadership circle. She discussed GRP's strategic framework, its vision for Greater Richmond to be the top mid-sized region in the United States for companies to invest, and its mission to aggressively generate economic opportunities for the region. She provided details on GRP's target audiences and targeted industries, the site selection process, and the current pipeline which has approximately 350 prospects. She stated consultants are advising that project sites are needed immediately, and projects that typically would have taken six to eighteen months to come to fruition are now taking only weeks. She provided a chart of economic development projects and stated GRP is focused on the new -to -market companies that account for 20 percent. She provided details of Chesterfield's i competitiveness and estimated the county is currently being J considered for 92 percent of all projects. She stated the county's strengths include sites, buildings, Meadowville, strong schools, strong growth, and strong momentum, and additional sites will help the county win more jobs and investment. She discussed the county's additional key strengths which are a diverse and ample workforce that is trained and ready to go as a result of partnerships with universities, community colleges, and the Community College Workforce Alliance (CCWA); location and infrastructure; tax structure and incentives; a focus on targeted industries; and an aggressive and responsive Economic Development team. She provided charts of the pipeline, one broken down by lead source and the other broken down by industry. She provided statistics of advanced manufacturing facilities in the region. She also provided details of FY2022 results, noting that seven projects have been won and three more are pending announcement by Governor Youngkin. She stated announcements are made on social media and GRP's website, and hot properties are shared on flyers distributed to site location consultants. She further stated GRP works to influence lists and rankings such as "50 Best Places to Live" and Livability. com' s Best Place to Live 8 in 2021. She provided details of site consultant tours multiple J times per year. She reviewed the ways GRP generates leads such as participating in industry conferences and going to targeted markets where companies are based in partnership with local economic development partners. She stated upcoming missions and outreach include Washington, D.C., New York City, New Jersey, Chicago, San Diego, Germany, and Canada. She provided results of perception research which indicate the Richmond region is less likely to be considered than its competitors, 22-95 2/23/2022 and corporate executives are 33 percent more likely to consider Raleigh. She stated Richmond is ahead of its peers in Virginia but behind Columbus, Charleston, Raleigh, Nashville, and Charlotte. She further stated GRP is working with Richmond Region Tourism and ChamberRVA to develop an image campaign to create awareness through advertising and public relations, content marketing, social media, and the GRP website. She stated GRP utilizes a number of sales tools and forms to convert website traffic. She further stated GRP performs direct outreach and competitive analysis for companies it is working to recruit. She provided examples of strategic marketing efforts through sponsored and contributed content. Mr. Holland thanked Ms. Wakefield for the outstanding presentation. He stated he is always looking at what can be done better and encouraged her ideas and suggestions. Mr. Winslow expressed appreciation for the timely presentation. Ms. Haley stated the GRP Board is excited to have Ms. Wakefield who has done a fabulous job of building relationships throughout the region and bringing everyone to the table with the same goals and mission. She further stated the marketing effort is incredibly important right now to overcome the perception of the region. Dr. Casey expressed appreciation for the collaborative effort to generate more leads and establish relationships. Mr. Weimer first reviewed the DEQ -regulated activities in the Chesterfield Water Program which include the Clean Water Act and approximately 81 Virginia Pollutant Discharge Elimination System (VPDES) programs covering wastewater treatment facilities, industrial stormwater general permits, and other general permits. with regard to construction -related permits, he stated Chesterfield is the Virginia Stormwater Management Program (VSMP) authority instead of DEQ and, as such, the county administers the construction stormwater general permit. He stated another type of permit is the Virginia Water Protection (VWP) permit, and there are approximately 155 general and individual permits currently in the county. He provided details of the Air Program which consists of approximately 65 regulated facilities including large manufacturing facilities, hospitals, and the Shoosmith landfill. He discussed the Land Protection Program which consists of four active landfills (Shoosmith, Taylor Road, Skinquarter, and Dominion); four closed landfills, three of which are county -owned (Chester, Bon Air, and Northern Area); and four permit -by -rule (PBR) landfills (Agape Pet Services, Stericycle, Watkins Nurseries, and County Waste at Shoosmith). He then reviewed the differences between sanitary landfills and construction/demolition/debris (CDD) landfills. He stated sanitary landfills such as Shoosmith are required to put on 22-96 2/23/2022 3.C. ENVIRONMENTAL STEWARDSHIP AND VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY UPDATE Mr. Scott Smedley, Director of Environmental Engineering, introduced Mr. Shawn Weimer, Land Protection Manager and overseer of waste management programs for the Virginia Department of Environmental Quality (DEQ), to present an overview of DEQ's programs and authorities within the county. Mr. Weimer first reviewed the DEQ -regulated activities in the Chesterfield Water Program which include the Clean Water Act and approximately 81 Virginia Pollutant Discharge Elimination System (VPDES) programs covering wastewater treatment facilities, industrial stormwater general permits, and other general permits. with regard to construction -related permits, he stated Chesterfield is the Virginia Stormwater Management Program (VSMP) authority instead of DEQ and, as such, the county administers the construction stormwater general permit. He stated another type of permit is the Virginia Water Protection (VWP) permit, and there are approximately 155 general and individual permits currently in the county. He provided details of the Air Program which consists of approximately 65 regulated facilities including large manufacturing facilities, hospitals, and the Shoosmith landfill. He discussed the Land Protection Program which consists of four active landfills (Shoosmith, Taylor Road, Skinquarter, and Dominion); four closed landfills, three of which are county -owned (Chester, Bon Air, and Northern Area); and four permit -by -rule (PBR) landfills (Agape Pet Services, Stericycle, Watkins Nurseries, and County Waste at Shoosmith). He then reviewed the differences between sanitary landfills and construction/demolition/debris (CDD) landfills. He stated sanitary landfills such as Shoosmith are required to put on 22-96 2/23/2022 six inches of cover daily, whereas a CDD landfill is required to put on one foot of cover at the end of the work week. He further stated municipal waste is not permitted at CDD landfills, but CDD waste is permitted at sanitary landfills. He stated Shoosmith can receive municipal solid waste and CDD material, but Skinquarter and Taylor Road only receive CDD waste. He further stated Landfill Gas Management Plans are required for both municipal and CDD landfills unless a CDD landfill can demonstrate that it is not going to produce methane gas. He stated there is a Landfill Gas Management Plan in place at Skinquarter, and Skinquarter has monitoring probes at the facility's boundary to measure methane that might be migrating offsite. He further stated leachate control and groundwater monitoring are required at both types of landfills. He stated these facilities have systems in place to collect the leachate, which is usually pumped and hauled offsite to a wastewater treatment plant or is discharged directly into a sanitary line that goes to a wastewater treatment plant. He further stated a groundwater monitoring network is in place at all of the landfills, and the landfills are required to submit reports periodically to DEQ where professional geologists evaluate the data. He then provided details of DEQ inspections at landfills. He stated the inspection year is October 1 to September 30, and DEQ has put together a risk-based inspection schedule toward the end of the summer. He further stated DEQ inspects quarterly at Taylor Road, Skinquarter, and Dominion landfills, and it inspects six times per year at Shoosmith landfill. He stated DEQ reviews records relating to waste received to ensure type and quantity of materials; facility self -inspections documenting any issues landfill personnel may have found themselves; leachate collection, quantities, and proper disposal; and gas monitoring to ensure methane levels do not exceed the lower explosion limit (five percent methane) at the facility boundary. He provided details of random load inspections to verify a landfill is receiving only what it is permitted to accept, including in-state and out-of-state waste. In response to Ms. Haley's question relative to recordkeeping for random load inspections, Mr. Weimer stated facilities are required to keep records of random load inspections, and DEQ evaluates those records during inspections. He further stated in some cases a CDD facility will receive a load of municipal solid waste, and it will have to reject that load and send it to a permitted facility. He stated DEQ looks for that documentation as well during an inspection. In response to Mr. Carroll's question relative to the types of self -inspection records made by the facility for DEQ's inspection, Mr. Weimer stated the records are paper, and he was not aware of any video footage of, for example, a random load inspection. He further stated DEQ performs its own random load inspections when it is onsite, but the inspections are documented on paper, not video. Mr. Carroll stated there is no way for DEQ to know what is under the pile unless it was there to inspect it, and DEQ trusts what is going into the landfill has been reported honestly. Mr. Weimer concurred. 22-97 2/23/2022 Mr. Carroll stated there have been more complaints than he can count about the Skinquarter Landfill. He inquired about the type of testing done relative to the hydrogen sulfide smell currently coming from the landfill caused by decomposing sheetrock. Mr. Weimer stated he was not sure if Skinquarter was currently performing any periodic monitoring of hydrogen sulfide (H2S). He further stated currently it is not required, but Skinquarter might be monitoring to get an idea of what kind of H2S is present. He explained that facilities with an odor management plan might install H2S monitors that continuously read the data, so they know at different times of the day what type of H2S readings they are getting onsite or offsite. In response to Mr. Carroll's question relative to whether Skinquarter is on an odor management plan, Mr. Weimer stated not yet. Mr. Carroll inquired whether Skinquarter would be required to conduct that type of testing if it were to go on an odor management plan. Mr. Weimer stated it could be. He further stated once DEQ requests a facility to develop an odor management plan, the facility submits a plan to DEQ, and DEQ offers feedback and there is open dialogue on what DEQ would recommend be included in the plan. He stated there is a plan to have a meeting at Skinquarter hopefully next week to discuss the long-term plan as it relates to addressing odor issues there. Mr. Carroll inquired whether there have been any steps taken by DEQ over the last year to set up any type of testing equipment to test the air as it is coming offsite to determine how many parts -per -million are coming out of the ground that could affect the people who live adjacent to, across the street from, or downwind from the landfill. Mr. Weimer stated DEQ has not set up any air monitoring devices through its air program to test H2S. In response to Mr. Carroll's question relative to whether it is possible to do that, Mr. Weimer stated he thought it was possible, but he was not sure of the process and he would have to talk to staff in the air monitoring program. He further stated he knows DEQ has done testing similar to that at other facilities in the past. Mr. Carroll stated there are concerns about long-term, prolonged exposure to this type of gas. He further stated with this type of gas, even the Occupational Safety and Health Administration (OSHA) requires employees to take measures to protect themselves from exposure. He stated if monitoring is not being performed, there is no way to know what people are being exposed to and for how long, and that is a big concern. He inquired about the process when someone files a complaint with DEQ and what type of follow-up is provided to them. Mr. Weimer stated the process is a combination of contacting the complainant and notifying the landfill. He further stated all complaints are documented in a database, and DEQ monitors them and notates when it goes out for its next inspection. He stated on a quarterly basis DEQ is tracking that information, 22-98 2/23/2022 and DEQ has been doing that with Skinquarter. He further stated in the case of Skinquarter, DEQ has met with the facility, and DEQ met with Chesterfield in October to discuss the facility and other landfills. He stated DEQ gave Skinquarter the opportunity to develop remediation plans and proposals, and Skinquarter started implementing those probably around mid- October. He further stated Skinquarter has a remediation system onsite that is pulling gas from the landfill and putting it through a biofilter. He stated DEQ did a quarterly, routine inspection on February 7th where it learned for the first time that Skinquarter is making changes to that system. He further stated that is one of the reasons DEQ wants to meet with Skinquarter to determine what its plans are moving forward over the long term. He stated DEQ also wants to discuss the possibility of requiring the facility to put together an odor management plan. Mr. Carroll inquired how many complaints it would take before something could be done to stop the facility until it can remediate the problem. He stated his constituents want to have the facility shut down until it can control the smell. Mr. Weimer stated shutting down a landfill would probably start at the local level with its conditional use permit. He further stated he is unaware of a situation where DEQ has gone through a process to shut down a landfill because of odors. Mr. Carroll stated he understood that Skinquarter performs water quality testing and he assumed Skinquarter has wells on site that are tested. Mr. Weimer concurred. Mr. Carroll inquired if there were any other options for the people living in the community who are afraid that something might be leaching out into the groundwater and into their wells. He also inquired whether DEQ performs any water quality testing, such as Sappony Creek which is downstream from the landfill, to determine that nothing is leaching out and that the liner has not been compromised. j Mr. Weimer stated he is not aware of any testing performed on Sappony Creek. He further stated DEQ has a water monitoring program, and it is collecting samples from rivers and streams all over the state. He stated he was unsure if Sappony Creek is one of them, but if it is, he did not believe it was related to the fact that there is a landfill upstream. He further stated there is a possibility in some circumstances where a water monitoring program will be directed to collect additional samples because of a landfill, industrial facility, or something that could be potentially impacting the stream. He stated Skinquarter started receiving waste in 2019, so it is young in terms of facility operations. He further stated DEQ does not have any indication to believe that there is any contamination migrating offsite based on groundwater data. He reiterated he was unaware of any testing plans in place for Sappony Creek as it relates to the landfill being there. Mr. Ingle stated there are concerns about tanker trucks going in there. He further stated when he looked into it, it appears the trucks are going in to remove leachate. Mr. Weimer concurred. 22-99 2/23/2022 Mr. Ingle stated he wanted to make people aware that the trucks are not bringing in materials to dump but rather coming in to remove the liquid materials that come from the products that are coming in. He further stated the trucks are taking the liquid to another facility certified to accept it. Mr. Weimer concurred and stated there is a large tank onsite that collects leachate from under the cells. He further stated the trucks are collecting the leachate and hauling it to a permitted wastewater treatment facility. Mr. Ingle stated he, too, is concerned about the smell, but he wanted to put fears to rest about the tanker trucks going into the landfill. He inquired if a large computer chip manufacturing plant would require a DEQ permit for industrial stormwater runoff. Mr. Weimer stated it depends on what is going to be exposed to stormwater. He explained that some industrial facilities do everything indoors and there is no exposure to its industrial activities, so they may not be required to have a permit. He stated if there is outside storage of materials, DEQ makes the determination based on the Standard Industrial Classification (SIC) Code. Mr. Ingle inquired whether it would be DEQ or the county to regulate discharge of indoor chemicals into the sewer system. Mr. Weimer stated it is the county who would issue the pretreatment permit. He further stated DEQ is involved with evaluating a locality's pretreatment program, but it is the locality who issues the permit limits for that discharger. He stated it is usually the county who goes out and inspects the facility to ensure what the facility is sending to the wastewater treatment plant is okay. Mr. Ingle stated he has a dump in his own area, and he hopes the air quality in the area will get better as a result of the new system they are installing to collect the methane and turn it over to natural gas. He stated the complaint he gets more often than odor is the mud on the tires tracked out onto the road. He inquired if there is anything DEQ can do on wheel washes or something that can help that area. He stated they are responsive when asked to clean up, but it does not stop when it is rainy, and people will complain because they cannot see the lines on the road on Route 10 because of all the mud. He inquired if there is anything in place to help prevent that from happening. Mr. Weimer stated DEQ regulations require them to limit the amount of material that is tracking out onto the roadways. He V further stated DEQ issued a notice of violation (NOV) to the Shoosmith landfill in early November 2021 based on inspections that were performed. He stated one of the items documented in the NOV was related to the issue as described by Mr. Ingle. He stated the DEQ enforcement program is working with the facility to come up with solutions and learn more about what the facility is currently doing. Mr. Ingle expressed appreciation for DEQ working on that but stated since then he has received complaints about citizens not being able to see the lines on the roads, which is a safety 22-100 2/23/2022 hazard. He stated a wheel wash is expensive, but it may be the best way to keep the material onsite and not track it offsite. Mr. Weimer stated one of the challenges is that there are multiple industrial facilities that are located there. Mr. Ingle stated some of them come out of the old Vulcan facility that are going straight onto Route 10, and some are coming out in front of their building. He further stated he understood that, but something needs to be done because it is a safety hazard if drivers cannot see the lines on the road. Mr. Weimer concurred. Mr. Carroll inquired how much staff is available to perform inspections for the 30 counties in the Piedmont region. Mr. Weimer stated he has two solid waste inspectors responsible for the 30 counties in his program. He further stated there are approximately 80 solid waste facilities which are a mix of active, closed, and PER landfills. He stated inspections conducted quarterly is the baseline for active landfills, but PER facilities are not inspected as often based on their compliance history and their operations. He further stated more frequent inspections have been added for larger facilities such as Shoosmith, which is why DEQ goes out there six times per year versus quarterly. In response to Mr. Carroll's question relative to Mr. Weimer's ability to ask for help from other areas of the state, Mr. Weimer stated the agency does have the ability to workshare. He further stated the solid waste program throughout the state is pretty tight in terms of personnel. He stated he recognized it is confusing when the public sees "MSW" on trucks going into the Skinquarter Landfill carrying CDD waste. He further stated DEQ can help with that message if citizens continue to believe there is MSW going into Skinquarter. Mr. Carroll stated the applicant for the permit stated at the time of application that loads would be limited to three to five percent sheetrock. He inquired if, at the time of making the record, someone is estimating or calculating what percentage of a load is sheetrock or any other material. Mr. Weimer stated he would have to get back to Mr. Carroll on that. He further stated he did not believe they were evaluating the loads to determine what percentage was sheetrock, but he knows they are not supposed to receive any full loads of sheetrock at one time. He stated he did not know if the facility categorized loads into percentages, but he could find out. Mr. Winslow inquired about DEQ's enforcement of odor and who collects, analyzes, and reports on air samples. Mr. Weimer stated if the landfill performs its own monitoring, it will have the information in terms of the lab data. He further stated he was not aware of any DEQ air program requirements for air monitoring and submittal of data for that facility, but there might be, and he would check on that. He stated Skinquarter has a Title V Air Permit, and it has an odor management plan that is required by the Title V regulations. He further stated it is also addressed in their solid waste permit, and they have to submit an annual report to DEQ 22-101 2/23/2022 documenting complaints, actions taken to address complaints, and whether they are performing surface emission monitoring (SEM) to determine if there are leaking methane pipes. In response to Mr. Winslow's question relative to the accountability for results of air sample testing, Mr. Weimer stated he would need to find out what is required by the air program. He further stated the solid waste division does not receive that data. He stated he would look into those questions 2r as they relate to the air program. In response to Mr. Holland's question relative to whether Mr. Weimer has adequate staff to perform more robust testing, especially as it relates to air quality and the chemical composition of the air quality, Mr. Weimer stated he thought he needed additional staff. He provided details of staffing shortages caused by qualified personnel moving up through the agency as well as retirements. He stated he was short a solid waste inspector and two solid waste permit -writers. He further stated additional staff would be helpful. Mr. Holland expressed his hope that the county could help the new administration and new General Assembly to make sure needed positions are funded. Mr. Winslow expressed appreciation to Mr. Weimer for the presentation. Dr. Casey stated a homework assignment may be drafting formal letters from Board members to advocate for odor management plans and what the county believes may be the scope of such plan which may be beyond the current rules. He further stated the same letter could offer to partner with DEQ to add staff or advocate for empowered roles delegated to the county. Mr. Weimer stated he believes he has a good working relationship with the county, and he plans to continue that. Dr. Scott Morris, Assistant Director of Utilities, introduced Ms. Alex Tellez, Pretreatment Water Quality Manager, to provide the Board with an overview of how the county protects the environment through its industrial waste Pretreatment Program. Ms. Tellez expressed gratitude to the Board for its support which has made the program a success. She provided details of the federally mandated program established in 1984 as a part of the Clean Water Act. She stated the purpose of the program is to protect aquatic life by preventing the introduction of pollutants into the wastewater system that may either bypass or interfere with the treatment plans, and to protect the quality of biosolids, the collection system, and the health and safety of the workers. She further stated the county controls pollutants in the sewer system by issuing Industrial Waste Discharge Permits to Significant Industrial Users. She stated both Proctor's Creek and Falling Creek wastewater treatment plants are regulated by DEQ through a VPDES permit, and one of the many requirements in the permit is for the county to establish an industrial waste pretreatment program. She further stated DEQ is the Approval Authority, and the county is the Control Authority. She provided details of the 33 industries under a pretreatment permit. She reviewed the process for an industrial user to connect to the sewer system which includes evaluating the proposed discharge to ensure it 22-102 2/23/2022 does not cause pass-through or interference with the treatment process at the wastewater treatment plant; the wastewater treatment plants are able to maintain full compliance with their VPDES permits; and the proposed discharger adheres to the Categorial Standards established by the Environmental Protection Agency (EPA) and meets the local limit requirements approved by the DEQ. She stated once a facility is in the program, it is required to self -monitor its wastewater on a continual basis and send the reports to Utilities every three months. She further stated Utilities is also required by DEQ to monitor its wastewater. She provided statistics and details of sampling events. She discussed inspections by Utilities Pretreatment staff to ensure compliance with all aspects of the program and review Spill Prevention Plans. She provided details of the DEQ -approved enforcement response plan when noncompliance is detected. She stated Utilities is required to submit an annual report to DEQ every January. With regard to enforcement and permit termination, she stated the county desires to be not only a regulator but also a partner, which results in a win-win situation for the industrial facilities and the county. She reviewed incentives and awards provided to facilities to promote compliance, pollution prevention, and general improvements. Next, Mr. Smedley provided the Board with a review of environmental stewardship aspects of the Swift Creek Reservoir and Watershed. He stated approximately 25 years ago, more stringent standards were adopted for the Upper Swift Creek Watershed. He further stated one of those standards was an increased phosphorous removal requirement for new residential development projects. He stated commercial projects still met the state standard, but residential projects had to meet a higher threshold of removal. He provided details of enhanced erosion and sediment controls for all projects during construction and increased setbacks of 35 feet from the resource protection areas (RPAS) compared to the standard setback of 25 feet. At Ms. Haley' request, Mr. Smedley defined what the Upper Swift Creek Watershed includes. He stated the Upper Swift Creek Watershed specifically drains to the Swift Creek Reservoir, and all the streams that drain into the Swift Creek Reservoir. Mr. Winslow stated in some cases those streams do not start in the county but rather west of the county. Mr. Smedley concurred and stated there is a portion of Powhatan County that drains into the reservoir. Ms. Haley stated it is a fairly large watershed. Mr. Smedley concurred and stated it is a very large portion of the county and one of the fastest growing portions of the county where most of the growth is. He then continued his discussion of increased setback requirements. He stated properties that have more than 100 acres draining to the stream behind the property have a 35 -foot setback rather than a 25 - foot setback. He further stated these increased setbacks push development farther away from the bodies of water, thereby reducing the risk of runoff. He stated another requirement in the Upper Swift Creek Watershed is the completion of a Natural Resources Inventory (NRI) during the zoning stage of any project. He further stated the NRI includes delineation of all 22-103 2/23/2022 RPAs and identification of floodplains, wetlands, highly erodible soils, slopes greater than 25 percent, endangered species, abandoned mines, and historical or archeological features. He stated outside the Swift Creek Watershed, in other areas of the county RPAs and environmental features are identified once a plan is submitted for review. He then provided details of stormwater facilities, or best management practices (BMPs). He stated the county maintains all residential BMPs in the county; however, in the Upper Swift Creek Watershed, the county also maintains all commercial BMPs. He further stated currently there are approximately 560 stormwater facilities maintained by the county, and every year approximately 80 new facilities are added due to the significant amount of development and growth within the county. Ms. Haley inquired if that would also include redevelopment occurring on properties that were initially developed prior to the BMP requirement. Mr. Smedley answered affirmatively. He explained that if a development that originally occurred in the 1970s, 1980s, or even the early 1990s goes through a redevelopment process, it must meet the new standards. He stated stormwater facilities for residential redevelopment would get pulled into the county's maintenance inventory. He then provided details of the nutrient and water quality component. He reminded the Board of the increased phosphorous removal requirement for the Upper Swift Creek Watershed. He reviewed the water quality removal requirements and stated beginning in 2014 the county was required to treat twice the amount of rainfall, going from one- half an inch over impervious areas to one inch over the entire site. He further stated the facilities are capturing runoff from not only the streets, but also the managed turf any associated runoff from the property to remove the phosphorous. He stated that is an advantage for the Upper Swift Creek Watershed because, in the past, commercial sites were not being held to a higher standard, but now they are. He further stated any new commercial projects that have occurred since 2014 in the Upper Swift Creek Watershed must meet a more stringent standard, and the 2014 regulations are on par with the previous requirements for the phosphorous removal. He stated the engineers working on residential projects in the Upper Swift Creek Watershed still have to run the calculations both ways, but most of the time they are within 95 percent of each other. He further stated having commercial and industrial properties that must meet the stringent standard is significant and more protective of the reservoir. Mr. Carroll inquired about what products create the phosphorous the county is trying to prevent from entering the water supply, whether it be commercial, industrial, or residential. Mr. Smedley stated phosphorous is naturally occurring in the soils, and it gets bound to sediment particles and moves into the runoff. He further stated the number of residential parcels in the county combined with turf management activities, whether conducted by the property owner or a lawn care company, provide a significant amount of runoff. He stated it can be seen in the stormwater facilities, particularly in the summertime when the algal blooms are significant. He further stated industrial properties do not quite have the same level of turf management, and because of that, high levels of runoff are not seen. He stated sediment accumulates on parking lots, and phosphorous 22-104 2/23/2022 binds to that sediment. He further stated typical maintenance of residential lawns results in higher phosphorous loads, which is one of the reasons for the way the ordinance was adopted. Mr. Carroll stated parking lots pose a different risk due to leaking of fluids from vehicles, and that is a different issue than the phosphorous issue. He inquired if BMPs are designed to also prevent that type of runoff from getting into the water supply. Mr. Smedley stated if a project has a higher risk of petroleum runoff, proffers can be requested to provide some biofiltration or binding of those petroleum products. He further stated the county does not typically ask for those types of things on standard parking lot runoff. He stated Mr. Carroll was correct and stormwater facilities that collect parking lot runoff may have an oily sheen, whereas stormwater facilities in residential areas will have more significant algal blooms. He then discussed the health of the reservoir. He stated through the housing boom of the mid -2000s, and the housing boom over the past five years, the county has continued to maintain a very healthy reservoir in terms of water quality and ecosystem. He discussed the criteria to measure the health of the reservoir which is found in Section 9VAC25-260-187 of the Virginia Administrative Code. He stated the amount of chlorophyll and phosphorous are monitored by utilities, and Environmental Engineering uses the data to produce an annual report. He further stated in 2020, the phosphorous measured 0.031 mg/L, and the threshold for concern is 0.04 mg/L. He stated if there are two years of 0.04 mg/L as measured by DEQ, then DEQ will determine whether it is an impaired water body. He further stated the reservoir is 50 years old, there have been 50 years of development around the reservoir with protective measures put in place, and it still has excellent water quality and a healthy ecosystem. He stated the very significant growth in that part of the county proves that the measures in place are protective of water quality and ecosystem. He further stated Utilities has done an excellent job of managing hydrilla. He stated the 2021 data shows that last year's phosphorous levels measured 0.037 mg/L. He further stated the reservoir continues on a good trajectory. He then discussed the importance and benefits of tree canopies in residential neighborhoods. He stated tree canopies are aesthetically pleasing and reduce stormwater runoff. Mr. Winslow stated the slowing of rainfall is important because of erosion and flushing of nutrients into the reservoir. Mr. Smedley stated a tree canopy traps stormwater and prevents it from hitting the ground, thereby preventing runoff from collecting nutrients and sediment and depositing them in the stormwater facilities and, ultimately, the adjacent waterways. Mr. Winslow stated the Board adopted an ordinance a few years ago requiring street trees in the Upper Swift Creek Watershed. He further stated these efforts, combined with a longstanding commitment, have done a nice job. He stated the Utilities and Environmental Engineering departments have done a fantastic job for citizens when it comes to water quality and the longevity of the reservoir. Mr. Clay Bowles, Deputy County Administrator, provided the Board with an update on the Energy Management Program. He 22-105 2/23/2022 stated the Department of General Services -led Energy Management Program uses a combination of strategies to improve energy efficiency and overall sustainability. He provided the Board with a graphic of the energy management pyramid which demonstrates the complexity and cost of energy actions typically increase as you move from conservation to energy efficiency and, finally, to alternative energy projects. He stated all of these functions are in close coordination with Schools and Utilities, because they are the other largest consumers of energy outside of county government operations. He further stated data analysis is a key component of energy management efforts and involves continual collection and review of consumption and expense trends to identify and investigate any unusual deviations. He stated the county is also part of the Virginia Energy Purchasing Governmental Association which negotiates electricity contracts on behalf of 170 local government members, ultimately saving Virginia taxpayers millions of dollars each year. He provided details of environmental stewardship programs including C'field Unplugged, alternative fuel (propane powered) vehicles, and electric school buses. He also provided details of current initiatives including solar power purchase agreements, exterior lighting enhancements, and an energy database upgrade. Lastly, he reminded the Board about the Environmental Stewardship webpage which provides excellent information about the environmental and sustainability efforts of county departments in several categories. He stated the Annual Energy Management Report is also accessible on that webpage. 3.D. REAL ESTATE MARKET UPDATE Mr. Matt Harris, Deputy County Administrator, announced the kickoff of the FY2023 budget process. He stated Mr. Melvin Bloomfield, Real Estate Assessor, would provide the Board with the main trends encountered for the revaluation activity that set values for January 1, 2022. He further stated Mr. Gerard Durkin, Director of Budget and Management, and Mr. Shane Hill, Data Analyst, would come forward to discuss the economic backdrop and what the revenue side of the county budget looks like at this point. He stated lastly, he would discuss the Capital Improvement Program (CIP) with a deep focus on the referendum. Mr. Bloomfield stated the county's assessment activity is driven by Virginia Code Section 58.1-3201 which states that all reassessments shall be made at 100 percent fair market value. He further stated the total assessments Land Book is currently $50.2 billion, and the overall increase from 2021 to 2022 is approximately $6.2 billion. He provided breakdowns of total taxable value and total increase in Land Book and data of qualified residential sales by magisterial district for the past five years. He provided charts of Distribution of Percent Change for Residential Properties; Residential Data County Median Sales Price; and Commercial New Construction Built During 2021. He discussed Notable Commercial Value Changes for 2022 by Asset Group and noted apartments are leading the way with a value increase of $1.2 billion while office, retail, and shopping centers saw no change. He provided a graph of 22-106 2/23/2022 Mr. Winslow stated there have been conversations with staff about replacing traditional streetlights with energy efficient bulbs, and he expressed appreciation for their efforts. 3.D. REAL ESTATE MARKET UPDATE Mr. Matt Harris, Deputy County Administrator, announced the kickoff of the FY2023 budget process. He stated Mr. Melvin Bloomfield, Real Estate Assessor, would provide the Board with the main trends encountered for the revaluation activity that set values for January 1, 2022. He further stated Mr. Gerard Durkin, Director of Budget and Management, and Mr. Shane Hill, Data Analyst, would come forward to discuss the economic backdrop and what the revenue side of the county budget looks like at this point. He stated lastly, he would discuss the Capital Improvement Program (CIP) with a deep focus on the referendum. Mr. Bloomfield stated the county's assessment activity is driven by Virginia Code Section 58.1-3201 which states that all reassessments shall be made at 100 percent fair market value. He further stated the total assessments Land Book is currently $50.2 billion, and the overall increase from 2021 to 2022 is approximately $6.2 billion. He provided breakdowns of total taxable value and total increase in Land Book and data of qualified residential sales by magisterial district for the past five years. He provided charts of Distribution of Percent Change for Residential Properties; Residential Data County Median Sales Price; and Commercial New Construction Built During 2021. He discussed Notable Commercial Value Changes for 2022 by Asset Group and noted apartments are leading the way with a value increase of $1.2 billion while office, retail, and shopping centers saw no change. He provided a graph of 22-106 2/23/2022 Apartment Sector Value Change from 2106 to the present and stated there has been, and will continue to be, heavy investment in that asset class. He further stated as it is right now, he does not see any change in that behavior, but there is a change in mortgage rates which may impact growth of overall home prices and cause them to level off. He stated he did not think it would hurt demand for properties, but it will challenge sellers to be more competitive with their pricing and give leverage to buyers. Mr. Winslow stated that no change in office and retail is noteworthy. He further stated there has been more focus recently on old shopping centers, retail, and office space. He stated redevelopment of older spaces is an opportunity for the county to get highest and best use in some of these areas. He expressed appreciation for the very good report. Mr. Shane Hill provided the Board with an update on the current local, state, and national economic situation. He stated rising real estate assessments are not just a Chesterfield County issue and displayed a graph of regional Single -Family Home Value Estimates from January 2001 to January 2022. He further stated the Case-Shiller U.S. National Home Price Index indicates home values have increased 18 percent just in 2021 alone. He stated some of the biggest increases noted were in the south and southeast regions of the U.S., and the increase was the biggest in 34 years. He further stated the county continues to see growth in consumer spending as reflected in local sales tax collections year -over -year growth. He discussed the tourism industry and provided a chart comparing the county's January Occupancy Rates with surrounding areas for the years 2020 through 2022. He stated the county is not only outpacing its pre -pandemic highs but also leading the region against its biggest competitors, Henrico and Richmond. He further stated most tourism is driven by River City Sportsplex which generated in FY2021 $32.2 million in economic impact resulting in $1.2 million in direct tax revenue. He stated the county sees an increase in visitors because of River City, where there are over 130,000 visitors attending 50 games or tournaments played there. He then discussed recordation tax collections and provided a graph of Chesterfield County Refinancing Deeds recorded in Circuit Court from January 2017 to January 2022. He stated recordation tax generally brings in approximately $6 to $7 million per year, and the county's tax collection totals for FY2021 were approximately $11 million, up 43 percent from FY2020. He further stated when mortgage rates experienced record lows there was an increasing trend in refinancing deeds in the county. He stated with the most recent trend of mortgage rates increasing, cresting over 4 percent, staff expects to see this revenue source come back down to its more pre -pandemic trend. Next, he provided details of the county's investment portfolio and stated as a result of the T'reasurer's strategy, year-to-date investment earnings continually posted strong gains since FY2017 to FY2020, but further review revealed the majority of longer-term investments have already begun to roll -off. He further stated due to the timing of the maturities and the nature of the market, staff does not see that reinvestment at its original rate happening, and it will be more difficult to reinvest at the previously higher yields. He stated with other revenue sources staff is starting to see not a significant decline but rather more of a leveling off toward years prior to FY2020. He further stated while staff does expect the current yield 22-107 2/23/2022 benchmarking to decline, the county's current portfolio does outperform the 91 -day T -Bill, the 6 -month T -Bill, and the Virginia Treasury Prime Liquidity. He then discussed mounting economic pressures. He stated while some revenue sources have shown growth over the past year and a half, staff is cognizant of the economic impacts at state, national, and global levels. He further stated inflation is a very important topic, and the latest release from January had the Consumer Price Index (CPI) at 7.5 percent year -over -year growth. He stated some of the biggest jumps have been in gas and oil prices, used cars and trucks, and grocery store staples such as meats, poultry, fish, and eggs. He further stated consumers across the nation are feeling rampant inflation continue. He stated Federal Reserve interest rate hikes will hopefully ease inflation to a more normalized level. He further stated the Board would hear from Ms. Stephanie Brown, Director of Procurement, at the March 9, 2022, meeting about the impact of inflation on county goods and services. He stated one of the impacts of the cost of inflation is the increase in labor costs, and he provided data relative to the Employment Cost Index and Real Average Hourly Earnings. He further stated inflation and wage growth all go into the Index of Consumer Sentiment which decreased by 19.7 percent between February 2021 and February 2022. He stated consumers nationwide continue to be concerned about rampant inflation and falling real income levels; confidence in government economic policies is at its lowest since 2014; and the increasing geo-political risks are contributing to the downfall of consumer confidence. He reviewed graphs of Consumer Sentiment relative to Buying Conditions for Large Household Durables, which has reached a historic low as of February, and Bad Buying Conditions for Large Household Durables Due to Price, which has increased as more consumers are not feeling obligated to buy bigger -ticket items because prices are increasing. He provided details of uncertainties in state revenues due to bills in the current General Assembly session relative to the Grocery Tax; Referendum; Business, Professional and Occupational License (BPOL) Tax; and Recordation Tax. Mr. Holland stated one good thing is an increase in wages creates more disposable income, but the question is what the saving rates are. Next, Mr. Durkin provided the Board with a summary of the General Fund. He provided a graph showing that 2022 revaluations are the highest since 2007. He stated the fundamentals of the market are not the same as they were 10 - plus years ago during the sub -prime crisis but are an issue of supply and demand. He further stated staff expects the market to normalize, not decrease. He stated staff is cognizant that the 11.9 percent change in revaluations is higher than usual. He provided a graph of Chesterfield Real Estate Tax Rate History from 1997 to 2022 and stated the proposed tax rate is the lowest on record. He further stated the Board has already acted to set the maximum tax rate at $0.93, which is a two - cent drop, with revaluations coming in stronger than the 10.9 percent in the past. He stated staff is proposing to drop the tax rate another penny to $0.92, so there is a historical precedent for proposing the rate that will be before the Board at its March 9, 2022, meeting. He provided a chart of FY2023 Proposed Rates and Fees showing the real estate rate decreasing from $0.95 to $0.92 and the vehicle registration fee decreasing from $40 to $20. He reviewed tax relief currently in place 22-108 2/23/2022 including Tax Relief for the Elderly and Disabled, Personal Property, and BPOL. He provided a graph of Revaluation Percent Relative to Core CPI and Population Change which indicates the rate recommendation is in line with the model. He stated the reduction in the vehicle registration fee equates to another $0.015 off the real estate tax rate. He provided a graph of Inflation -Adjusted Per Capita Spending, which is the real cost of running the government. He stated with the inflationary pressures going into this budget cycle, the 2023 number is in line with the Post Recession Average. Ms. Haley stated the chart contains good information that tells a story to the citizens. Mr. Durkin stated the chart indicates the county is approximately back to the 1992 inflation-adjusted per capita spending average. Ms. Haley stated she would like to see something equivalent from Schools as budget conversations occur with the recognition that the county wants to ensure appropriate funding to county departments, which includes Schools. She inquired if Mr. Durkin's chart included Schools' spending. Mr. Durkin stated the chart includes the county's transfer to Schools but does not include Schools' overall spending. Ms. Haley stated that is a worthy ask. Dr. Casey stated staff needs a consistent format of defining the formulas by which the chart is created. He further stated there are statewide metrics and manners of how Schools must report costs per student enrollment that may not include all of the costs that are taxpayer funded. He stated collaborative services are, in many cases, provided to Schools gratis, which are reflected on the county side. He suggested a presentation to the County - Schools Liaison Committee where Schools could provide state reporting requirements while the county could provide information about how taxpayer dollars are spent. He stated the bar charts could be stacked for transparency. He further stated a byproduct of being judicious with the monies is that there is an inflationary aspect and serving a growth need, and there really is no need to do much more than either of those two variables together. Ms. Haley stated there is something to be said about seeing real-life data and charts, and it speaks a message very clearly about what is being done on the county side. She further stated something similar from Schools would be much appreciated and needed. She stated she and Mr. Ingle, her counterpart on the County - Schools Liaison Committee, have been aligned on these issues when entering these conversations. She further stated they would rely on Dr. Casey, Mr. Harris, and their teams to have these conversations with Schools and develop anj appropriate manner in which to convey the information. Mr. Holland concurred with Ms. Haley and stated it is important to look at spending per capita for population and students and compare them. Referring to the Inflation -Adjusted Per Capita Spending chart, he stated spending has been under control quite well from 2010 and 2011 when the county budget was cut by almost $50 million right out of the Great Recession. He further stated it is important to monitor spending not only on the 22-109 2/23/2022 county side, but also the Schools side, to ensure the best from each dollar spent. He asked Mr. Durkin to reiterate that the reduction in the vehicle registration fee equates to an approximate $0.015 decrease in the real estate tax rate. Mr. Durkin confirmed that was correct. He then provided the Board with the FY2023 proposed utility rates which will be adjusted but remain below the inflationary rate. He stated the average bill would see an approximate 2.6 percent increase. He provided a chart of General Fund Revenue Summary comparing FY2022 Adopted Budget with FY2023 Proposed Budget and showing the resulting change from the FY2022 Adopted Budget. He stated the primary drivers of revenue growth this year are real estate taxes and personal property taxes. He further stated the use of reserves in the chart is a one-time draw to go into the CIP. He stated the local economy in terms of the local sales tax is strong as reflected in the chart. He further stated the reduction in the vehicle registration fee is reflected in the chart as well. He provided important dates for a Budget Work Session to be held on March 9, 2022, and subsequent community meetings, public hearings, and budget adoption. Mr. Holland requested adequate advertisement of the upcoming Budget Work Session to citizens. 3.E. PROPOSED FY2023-2027 COUNTY CAPITAL IMPROVEMENT PROGRAM Mr. Harris stated this is an important CIP because staff is ready to present its referendum for November 2022. He provided the outline for the work session which would cover current projects, American Rescue Plan Act (ABPA) projects, FY2023- 2027 highlights, and a referendum overview. He briefly discussed projects underway including the Midlothian Library, the Midlothian Fire Station, the Beulah Recreation Center, Fleet and Radio Ship facilities, Enon Firing Range, and various community connectivity projects. He stated when ARPA funds were disbursed, staff looked at meaningful, long-lasting investments in the community, and parks made the most sense. With regard to ARPA projects, he stated the Board was able to support the school division by directing approximately $25 million into the Falling Creek and western 360 middle school projects to help accelerate and support those projects. He further stated the biggest piece is trying to determine how much of the ARPA money can be used to buy -down the middle school projects which expands referendum capacity on the Schools side and ensures money for all the projects in which the Board has expressed interest. He then discussed the CIP which includes referendum items as well as everything the county does in terms of the capital plan. He provided a chart of Funding Sources for the general government which indicates a balanced plan, and he provided details of each funding category. He then provided a chart of the CIP Expense Summary and provided details of the various spending categories. He went into greater detail about the added emphasis on community enhancement. He stated vehicle registration fee income would be dedicated to the CIP. He provided details of District Enhancement Funds which aim to hit the spot between small- scale projects and those that would be covered in a referendum. He stated $5.5 million are included and, if approved, staff would need to develop criteria before July 1. He further stated projects could be aimed at projects relative to water, sewer, community connectivity, school safety, and turf improvements. 22-110 2/23/2022 He stated Board members have a unique need in their respective districts for which there is no funding source to match up to. Mr. Carroll clarified he was not talking about artificial turf. Mr. Harris stated staff would evaluate what the spend -down was, but it is alive to date and gives Board members a chance for larger projects that are going to have more than a 12 -month duration to have that ongoing appropriation. He then reviewed Community Connectivity which will reach a $5 million annual contribution beginning in FY2024. Next, he briefly discussed $200 million for the establishment of a Housing Assistance Program which will be targeted to seniors and is a revolving loan for home improvements. He stated the program can grow over time, and if it is a success in year one, more could be added next year. Lastly, he provided details of a one-time injection of $500,000 for Blight Eradication to secure, repair, or remove unsafe structures. He then provided the Board with Transportation highlights and Central Virginia Transportation Authority (CVTA) projects. He stated the amount of road work the county can do now because of CVTA funds is noteworthy, and it does not take money away from the referendum. He then summarized Technology Project Highlights including the Emergency Communications Center Phone Center; Enterprise Resource Planning (ERP) System; and CJIS Security Infrastructure. He noted the ERP System is also utilized by Schools at no cost to them, and it is an example of a vital system that makes everyone's job easier. He discussed Major Maintenance and stated the policy goal of 2.5 percent was achieved in FY2020. He further stated the 2.5 percent target has been steady since then. He provided details of project highlights including a shared county -Schools warehouse facility and campus renovations to modernize county facilities. He provided a summary of project highlights at the Chesterfield County Airport and noted the airport leverages state and federal funding to bring local support to only 12.4 percent in FY2023-FY2027. He then discussed the referendum which revolves around fire stations, police precincts, parks and libraries, and schools. with respect to libraries, he provided details of three library facilities needing replacement (Enon), renovation (LaPrade), or expansion (Ettrick-Matoaca) and one area of the county (western Hull Street) needing a new library. Next, he reviewed Parks and Recreation and provided a map showing projects covered by CIP funds, projects covered by ARPA funds, and projects covered by a combination of the two. He stated activation of the Falling Creek boat launch and the James River boat launch have been a stated priority of the Board. He pointed out that projects may be fully funded in five years, but they would not necessarily be completed in five years. He stated because of the way the county manages debt, the county can be more aggressive in terms of funding the projects while getting back to other projects that may not have made this particular cut. He further stated the Horner Park piece is an important referendum project that would make some improvements to the park, but is really aimed at building a softball complex, thereby making it a nice addition to the county's sports tourism lineup. He provided details of conservation areas that have been purchased over time, and minimal improvements, such as gravel parking, have been made to generate interest. He stated the last piece of the referendum itself is the River City Sportsplex, which, from an occupancy tax perspective, has separated the county from regional peers, and the county will continue to invest in it 22-111 2/23/2022 through the referendum. He further stated those are not new initiatives, but they are ARPA items that got pushed out due to the rule change; accordingly, middle school money was swapped, and River City pieces were moved to the referendum, which did not result in a need for increased funding. Next, he provided details of police precincts which are currently leased and stated a fourth precinct will be added in the Westchester/James River area. He further stated the referendum proposes to construct four county -owned facilities, one in each service district, beginning with the Spring Rock Green facility, which will result in a significant lease savings. He discussed fire station replacement, expansion, and renovation needs. He provided details of proposed school construction projects and the 2026 elementary, middle, and high school capacity forecasts. Dr. Casey stated the county may need to learn and understand redistricting challenges that Schools may have. He further stated the best manner in which to design a school district will need to be determined so that it will be forward -thinking for many years and so as to avoid redistricting issues in the future. Mr. Holland stated projected capacity at Cosby High School is 135 percent. He further stated he was unsure of the current capacity, but the Comprehensive Plan indicates schools are required after reaching 110 percent capacity. Mr. Harris stated the map is reflective of the 2026 capacity forecast and indicates that future high school needs are in the western part of the county. Dr. Casey cited instances when a student may be included in capacity numbers for their home school but are not physically in the building, such as students attending a Chesterfield Technical Center (CTC) program, participating in virtual learning, or interning with a business. He emphasized the importance of learning where students actually sit during the day and managing the capital program going forward. Ms. Haley stated there are significant conversations on the Schools side about having opportunities for totally virtual learners and how those numbers will be counted and factored into StratIS. She discussed the need to examine the redistricting issue and take into consideration students counted in capacity but not physically present as noted by Dr. Casey. She stated those are some challenges that will continue to be put forth to the School Board. She further stated another challenge is helping Schools identify the numbers and how they feed into StratIS to help the Board make these decisions. Mr. Holland concurred with Ms. Haley and stated virtual learning is important because the way students are educated has changed. He further stated there is a lag in the marketplace with regard to what needs to be done for the future to change. He pointed out that students may not need to be physically present for half a day, and that needs to be considered from a cost perspective so as to avoid the creation of additional capital costs. He stated the county can be a leader in that area, but it requires thought, intention, and getting there before seeing 120 to 130 percent capacity. 22-112 2/23/2022 Mr. Winslow stated another variable which also needs to considered is private schools because every seat in a private school takes away a seat from the public -school sector. Dr. Casey stated a private school is opening in the central part of the county with capacity for 1,200 students. He further stated the question is how to factor private school and homeschool students into modeling exercises. Mr. Carroll noted the repurposing of CTC -Hull will also shift capacity. Mr. Harris resumed his discussion of the referendum project lineup. He stated the plan can be justified with actual data and not speculation. He further stated the 2013 referendum, as it related to Schools, was more about completing facility renovations instead of adding seats. He stated this referendum has a much better balance of adding seats where the need is known while also renovating aging structures. He further stated the concepts discussed relative to determining actual capacity needs will be useful and hopefully slow down the need for a subsequent referendum. He then provided the Board with a Debt Policy Review and a snapshot of key debt ratios. He stated the county continues to comply with all its debt policies. He provided charts of debt service for county and Schools and discussed debt management. Dr. Casey stated the conservative nature of Mr. Harris and the Department of Budget and Management provides additional capacity towards the policy. Mr. Harris discussed learning the rate environment which can produce some savings not only from an affordability perspective but also from the policy framework. He stated that is why it is important to budget from a conservative perspective. He then provided the Board with the 2022 Referendum. He stated the CIP public hearing would be held on March 23, 2022, with overall voting on the budget to occur on April 6, 2022. He further stated the referendum, if approved, begins after that time period. He further stated it will be a summer exercise to petition the court to add the joint county/Schools question on the ballot, and community engagement will occur mid -summer through the time of voting in the fall. He stated there will be a dedicated website, and the Department of Communications and Media will work collaboratively with Schools to publicize the referendum. Mr. Holland stated learning has been a challenge during the pandemic, but it is important to keep a check on accountability and ensure students are benefiting from and improving as a result of increased expenditures. 3.F. CONSENT AGENDA HIGHLIGHTS Mr. Jesse Smith, Deputy County Administrator, provided details of Item 13.B.6. - Approve Revisions to Greater Richmond Transit Corporation ("GRTC") Articles of Incorporation and Bylaws and Item 13.B.B.a. - Set a Public Hearing to Amend a License Agreement with EventMakers USA. With respect to the item to approve revisions to the GRTC Articles of Incorporation and Bylaws, Mr. Winslow stated the 22-113 2/23/2022 three localities - Chesterfield, Henrico, and Richmond - were all together at the table in the past, and many years later Henrico is joining back. He further stated that is a win for regional cooperation. He credited Mr. Holland as chairman of the Board in 2021 for leading the regionalism discussion. He expressed appreciation to the County Attorney and County Administrator for their work on this regional win and stated Henrico should have a seat at the table. He further stated the region values collaboration and cooperation on citizen services. 4. REPORTS 4.A. DISTRICT IMPROVEMENT FUNDS (DIF) MONTHLY REPORT The Board accepted the Monthly Report on District Improvement Funds. 5. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 6. CLOSED SESSION 6.A. CLOSED SESSION 1) PURSUANT TO S 2.2-3711(A)(5), CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS OR CONSIDER PROSPECTIVE BUSINESSES OR INDUSTRIES OR THE EXPANSION OF EXISTING BUSINESSES OR INDUSTRIES WHERE NO PREVIOUS ANNOUNCEMENT HAS BEEN MADE OF THE BUSINESSES' OR INDUSTRIES' INTEREST IN LOCATING OR EXPANDING THEIR FACILITIES IN THE COMMUNITY, AND 2) PURSUANT TO § 2.2-3711(A)(3), CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS THE ACQUISITION BY THE COUNTY OF REAL ESTATE FOR A PUBLIC PURPOSE WHERE DISCUSSION IN AN OPEN MEETING WOULD ADVERSELY AFFECT THE BARGAINING POSITION AND NEGOTIATING STRATEGY OF THE PUBLIC BODY On motion of Mr. Holland, seconded by Ms. Haley, the Board went into closed session 1) pursuant to § 2.2-3711(A)(5), Code of Virginia, 1950, as Amended, to discuss or consider prospective businesses or industries or the expansion of existing businesses or industries where no previous announcement has been made of the businesses' or industries' interest in locating or expanding their facilities in the community, and 2) pursuant to § 2.2-3711(A) (3), Code of Virginia, 1950, as amended, to discuss the acquisition by the county of real estate for a public purpose where discussion in an open meeting would adversely affect the bargaining position and negotiating strategy of the public body. Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. Reconvening: 22-114 2/23/2022 On motion of Ms. Haley, seconded by Mr. Ingle, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in Closed Session to which this certification applies, and ii) only such business matters were identified in the motion by which the Closed Session was convened were heard, discussed or considered by the Board. No member dissents from this certification. Mr. Ingle: Aye. Mr. Holland: Aye. Mr. Carroll: Aye. Ms. Haley: Aye. Mr. Winslow: Aye. Reconvening: 8. INVOCATION The Honorable Leslie Haley, Midlothian District Supervisor, gave the invocation. 9. PLEDGE OF ALLEGIANCE Eagle Scout Jeremy Eggleston led the Pledge of Allegiance to the Flag of the United States of America. 10. COUNTY ADMINISTRATION UPDATE 10.A. GENERAL ASSEMBLY UPDATE j Ms. Natalie Spillman, Intergovernmental Relations Administrator, provided the Board with a General Assembly update. She stated the money committees met recently, presented an overview of their respective amendments to the introduced budget, and subsequently released the text of those items which county staff has been reviewing. She provided details of the most significant difference between the two versions which is a $3 billion gap in expected available revenues. She stated 22-115 2/23/2022 Mr. Winslow reviewed COVID-19 protocols for masks and spatial distancing. He stated he verified that all Board members have received copies of citizen comments posted to the online portal. (It is noted citizen comments received through the online portal are attached as Attachment A.) 8. INVOCATION The Honorable Leslie Haley, Midlothian District Supervisor, gave the invocation. 9. PLEDGE OF ALLEGIANCE Eagle Scout Jeremy Eggleston led the Pledge of Allegiance to the Flag of the United States of America. 10. COUNTY ADMINISTRATION UPDATE 10.A. GENERAL ASSEMBLY UPDATE j Ms. Natalie Spillman, Intergovernmental Relations Administrator, provided the Board with a General Assembly update. She stated the money committees met recently, presented an overview of their respective amendments to the introduced budget, and subsequently released the text of those items which county staff has been reviewing. She provided details of the most significant difference between the two versions which is a $3 billion gap in expected available revenues. She stated 22-115 2/23/2022 monies have been identified for local Constitutional Offices - specifically in the Commissioner of the Revenue's Office, the Treasurer's Office, and the Circuit Court Clerk's Office - to fund unfunded and underfunded positions. She further stated monies have also been identified to support some increases in jail per diems; additional 599 funding; and contributions to the state's portion of the Virginia Retirement System (VRS) . She then provided details of bills that could negatively affect the administration of local government such as the elimination or reduction of Grocery Tax revenue. She stated regarding the budget in total, the county could anticipate some additional funds to trickle down by the biennium, but it is hard to say exactly what that will look like. She then discussed the referendum bill which ended up being an enhanced notification bill with minimal impact on how the county does business. She stated all of the BPOL bills have died, but the topic is not going away, and staff will continue to monitor it as the new administration has indicated interest in that area. She then provided details of failed efforts to restore the Recordation Tax lost to localities. She stated there are a variety of things the county will need to continue monitoring and see what happens coming out of the budget due to rapidly changing circumstances. She thanked county staff for its support. 10.B. COOPERATIVE EXTENSION - 4H STUDENT RECOGNITION Ms. Bethany Eigel, Division Manager for Cooperative Extension, introduced Ms. Andrea Farag, who recently won a 4-H Youth in Action Program award for civic engagement. She described Ms. Farag's efforts to create a diversity and equity committee looking at policy changes to make Virginia 4-H a more inclusive environment. She stated Ms. Farag has also helped to promote 4 -H's Teen Summit which is a statewide event offered throughout the year and helps give youth more voice in their communities. Ms. Farag thanked the Board for recognition 10.C. Mr. Josh Sloan, Volunteer and Outreach Coordinator for Sportable, presented the county with a Community Partner of the Year Award. He stated after his spinal cord injury, he was able to get back into kayaking because of the partnership between Sportable and Parks and Recreation. He discussed the people served and programs provided by Sportable, and he provided details of the ways the county stepped up to continue programs during pandemic closures. He expressed gratitude to the county for its support. Mr. Winslow stated the county wants to ensure it serves all members of the community 100 percent of the time and expressed (00 appreciation for the relationship with Sportable. 10.D. INTRODUCTION OF DIRECTOR OF GENERAL SERVICES Dr. Casey introduced Mr. John Neal who was selected as the new Director of General Services following a national search. He stated Mr. Neal comes to the county from neighboring Henrico, 22-116 2/23/2022 where he served as assistant director of general services and helped oversee a large and complex operation. Mr. Neal stated he is thankful for the opportunity to serve the employees and citizens of the county. He expressed appreciation for the warm welcome he has received. 10.E. 2022 NATIONAL TOP WORKPLACES BY ENERGAGE \/ Dr. Casey recognized Ms. Mary Martin Selby, Director of Human ../ Resources, and announced that TopWorkplaces.com has once again recognized Chesterfield, this time as a "Top workplaces USA National Award" honoree. He stated the recognition places Chesterfield among the top 100 employers throughout the nation that have over 2,500 employees, and one of the things that makes the recognition so special is that it is based entirely on employee feedback. He further stated it takes everyone on the Board and county leadership working collaboratively to make a great work environment for the workforce. 10.F. URBAN LIBRARY COUNCIL AWARD Dr. Casey announced the Urban Libraries Council recently named Chesterfield County Public Library as one of its top innovators during its virtual 2021 Innovations Celebration. He stated Libraries won an Honorable Mention award in the Institutional Change and Strategic Management category for its initiatives, such as curbside pickup, that enabled customers to stay connected during the pandemic. J 10.G. OTHER COUNTY ADMINISTRATION UPDATES • Dr. Casey announced SportsEvents magazine recently named River City Sportsplex Number 2 in the nation among "All- Star Outdoor Sporting Event Venues". • Dr. Casey expressed well wishes to the families of Richmond's Fox Elementary School which recently experienced a devastating fire that destroyed the school. He described the ways the county continues to help by bringing awareness about this tragedy and how people may help as Richmond neighbors and colleagues navigate the path forward. • Dr. Casey provided a graph indicating the COVID-19 transmission rate has sharply declined and stated he expects the Department of Labor and Industry (DOLI) to remove the indoor masking regulation for large employers soon. He announced the Rockwood Vaccination Clinic will close on February 28, 2022, due to declining demand. He stated the Chesterfield Health Department does have two mobile units which can be utilized in areas of the county that may need testing and vaccinations. 11. BOARD MEMBER REPORTS Ms. Haley played her video highlighting Parks and Recreation opportunities available in the Midlothian District. 22-117 2/23/2022 Mr. Holland expressed condolences to Mr. Pete Stith, former deputy county administrator, on the loss of his daughter, Ms. Tracy Arnetta Stith -Harris, and provided details of her memorial service. He reported on his participation in Spruance Black Employees Network's virtual event celebrating Black history, health and wellness. He thanked the organization for mentoring students at Meadowbrook High School, and applauded Ms. Pam Johnson and all DuPont volunteers for making a difference not just during Black History Month but every month. He stated DuPont donated over $10,000 in scholarships to honors students at Meadowbrook. Mr. Carroll reported on his participation in the Virginia State University (VSU) Black History Month kick-off event, which was all about health, movement, and exercise. Mr. Winslow announced an upcoming Black History Month event on the life of Mrs. Coretta Scott King and invited members of the public to attend. He stated despite the pandemic, it has been a good month of Black History Month events. He provided details of the Black History Month Scholarship Awards program and the Black History Month breakfast. 12. RESOLUTIONS AND SPECIAL RECOGNITIONS 12.A. RECOGNIZING BOY SCOUT UPON ATTAINING RANK OF EAGLE SCOUT Ms. Susan Pollard, Director of Communications and Media, introduced Mr. Jeremy Eggleston, who was present to receive the resolution. On motion of Mr. Ingle, 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. Jeremy Eggleston, of Troop 2880, sponsored by Beulah United Methodist 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, Jeremy has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. 22-118 2/23/2022 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 23r6 day of February 2022, publicly recognizes Mr. Jeremy Eggleston, 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: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. J Mr. Ingle presented the executed resolution and patch and a Chesterfield County challenge coin to Mr. Eggleston, accompanied by his parents, congratulated him on his outstanding achievements, and wished him well in future endeavors. Mr. Eggleston provided details of his Eagle Scout project to build a pollinator hotel at James River Wildlife Refuge. 13. NEW BUSINESS 13.A. 13.A.1. PARKS AND RECREATION ADVISORY COMMISSION On motion of Ms. Haley, seconded by Mr. Holland, the Board nominated and appointed Mr. Jason Brown to serve as a Clover Hill District representative on the Parks and Recreation Advisory Commission, whose term is effective immediately and will expire December 31, 2023. Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 13.A.2. TRI -CITIES METROPOLITAN PLANNING ORGANIZATION On motion of Ms. Haley, seconded by Mr. Ingle, the Board nominated and reappointed Mr. Kevin Carroll and Ms. Barbara Smith (alternate) to serve on the Tri -Cities Area Metropolitan Planning Organization (MPO). Mr. Carroll's term is effective immediately and expires December 31, 2022, and Ms. Smith will serve at the pleasure of the Board. Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 13.A.3. CAPITAL REGION WORKFORCE DEVELOPMENT BOARD On motion of Mr. Holland, seconded by Ms. Haley, the Board nominated and appointed Ms. Tina Shreve (staff member) to the Capital Region Workforce Development Board (CRWDB), whose term is effective immediately and at the pleasure of the Board. Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 22-119 2/23/2022 13.A.4. COMMITTEE ON THE FUTURE On motion of Mr. Ingle, seconded by Ms. Haley, the Board nominated and appointed Ms. Shion Fenty to serve as a Clover Hill District representative on the Committee on the Future, whose term is effective immediately and at the pleasure of the Board. 13.8. CONSENT ITEMS 13.B.1. ADOPTION OF RESOLUTIONS 13.B.1.a. RECOGNIZING MRS. SHARON T. HAYNES, DEPARTMENT OF UTILITIES, UPON HER RETIREMENT On motion of Ms. Haley, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mrs. Sharon T. Haynes retired from the Chesterfield County Utilities Department on February 1, 2022; and WHEREAS, in June 2001, Mrs. Haynes began her public service career with the Chesterfield County Utilities Department as a part-time Senior Office Assistant in the Engineering Data Management section; and WHEREAS, in March 2004, Mrs. Haynes was recognized for her outstanding contribution to the creation of Utilities' imaging process and procedure manual; and WHEREAS, in March 2008, Mrs. Haynes was recognized for her hard work and dedication for maintaining the department's imaging application while also assisting in the upgrade of the application; and WHEREAS, in September 2008, Mrs. Haynes was promoted to Scanning Coordinator where she contributed to the accurate recording of utility data; and WHEREAS, during her tenure as a Scanning Coordinator, Mrs. Haynes was recognized on multiple occasions for providing exceptional customer service to both internal and external customers; and WHEREAS, in July 2016, Mrs. Haynes was promoted to Records Specialist I, where she continued to increase the availability of Utilities' electronic records; and WHEREAS, as a Records Specialist I, Mrs. Haynes was recognized for her contributions to the department through her participation in the Utilities Employee Association for more than ten years, including holding the office of President; and WHEREAS, during her tenure, Mrs. Haynes significantly improved the content of the department's imaging system by improving the viewing properties of the electronic documents; and 22-120 2/23/2022 Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 13.8. CONSENT ITEMS 13.B.1. ADOPTION OF RESOLUTIONS 13.B.1.a. RECOGNIZING MRS. SHARON T. HAYNES, DEPARTMENT OF UTILITIES, UPON HER RETIREMENT On motion of Ms. Haley, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mrs. Sharon T. Haynes retired from the Chesterfield County Utilities Department on February 1, 2022; and WHEREAS, in June 2001, Mrs. Haynes began her public service career with the Chesterfield County Utilities Department as a part-time Senior Office Assistant in the Engineering Data Management section; and WHEREAS, in March 2004, Mrs. Haynes was recognized for her outstanding contribution to the creation of Utilities' imaging process and procedure manual; and WHEREAS, in March 2008, Mrs. Haynes was recognized for her hard work and dedication for maintaining the department's imaging application while also assisting in the upgrade of the application; and WHEREAS, in September 2008, Mrs. Haynes was promoted to Scanning Coordinator where she contributed to the accurate recording of utility data; and WHEREAS, during her tenure as a Scanning Coordinator, Mrs. Haynes was recognized on multiple occasions for providing exceptional customer service to both internal and external customers; and WHEREAS, in July 2016, Mrs. Haynes was promoted to Records Specialist I, where she continued to increase the availability of Utilities' electronic records; and WHEREAS, as a Records Specialist I, Mrs. Haynes was recognized for her contributions to the department through her participation in the Utilities Employee Association for more than ten years, including holding the office of President; and WHEREAS, during her tenure, Mrs. Haynes significantly improved the content of the department's imaging system by improving the viewing properties of the electronic documents; and 22-120 2/23/2022 WHEREAS, during her 20 years of service, Mrs. Haynes witnessed and helped to support the evolution of electronic recordkeeping within the department and was instrumental in supporting the department's imaging application. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mrs. Sharon T. Haynes and extends on behalf of its members and the citizens of Chesterfield County, appreciation for her service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 13.B.1.b. RECOGNIZING KAREN THOMPSON, COMMUNITY ENHANCEMENT, UPON HER RETIREMENT On motion of Ms. Haley, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mrs. Karen H. Thompson began her career with Chesterfield County in August 1988 as Data Entry Operator with the Department of License Inspection; and WHEREAS, through hard work and determination, Mrs. Thompson rose through the ranks in the department and attained the position of Administrative Assistant in 1990; and WHEREAS, throughout her time in the Department of License Inspection, Mrs. Thompson led numerous teams and initiatives that increased the efficiency and effectiveness of the department; and WHEREAS, Mrs. Thompson was recognized on multiple occasions by her supervisors and peers for her contributions and positive attitude, and was nominated to be the department's employee of the year on multiple occasions; and WHEREAS, in July 2017, Mrs. Thompson joined the Department of Community Enhancement and, as one of the original staff members, was instrumental in the formation of the department developing numerous policies and procedures and establishing the culture that has made the department effective for the residents of the county and one of the most desirable places to work for county employees; and WHEREAS, Mrs. Thompson volunteered to assume the responsibility for the accounting and financial reporting for many of the county's Community Development Block Grant programs which are instrumental in providing decent affordable housing, creating suitable living environments, and expanding economic opportunities for low and moderate income persons; and WHEREAS, in 2020, Mrs. Thompson's hard work, competence and commitment to customer service earned her promotion to Administrative Manager; and WHEREAS, Mrs. Thompson will be sorely missed for her hard work, her friendliness, her willingness to share her knowledge with others and her faithful service and dedication to serving our citizens. 22-121 2/23/2022 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mrs. Karen H. Thompson for her 32 years of exemplary service to the residents of Chesterfield County, and conveys to Mrs. Thompson best wishes for a long, happy, healthy, and fulfilling retirement. Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 13.B.2. REAL PROPERTY REQUESTS 13.B.2.a. ACCEPTANCE OF PARCELS OF LAND 13.B.2.a.1. ACCEPTANCE OF PARCELS OF LAND ADJACENT TO LUCKS LANE FROM RIVERSTONE PROPERTIES, LLC On motion of Ms. Haley, seconded by Mr. Holland, the Board accepted the conveyance of three parcels of land containing a total of 1.254 acres adjacent to Lucks Lane from Riverstone Properties, LLC and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 13.B.2.a.2. ACCEPTANCE OF PARCELS OF LAND ADJACENT TO WOODS EDGE ROAD FROM CARVANA, LLC On motion of Ms. Haley, seconded by Mr. Holland, the Board accepted the conveyance of five parcels of land containing a total of 1.469 acres adjacent to Woods Edge Road from Carvana, LLC and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 13.B.2.a.3. ACCEPTANCE OF PARCELS OF LAND ADJACENT TO ROUTE 1 & 301 FROM BERMUDA SQUARE VENTURE LLC On motion of Ms. Haley, seconded by Mr. Holland, the Board accepted the conveyance of two parcels of land containing a total of 0.015 acres adjacent to Route 1 & 301 from Bermuda Square Venture LLC and authorized the County Administrator to execute the deed (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 22-122 2/23/2022 13.B.2.b. REQUESTS TO QUITCLAIM 13.B.2.b.1. REQUEST TO QUITCLAIM A PORTION OF A 16' WATER EASEMENT ACROSS THE PROPERTIES OWNED BY RICHMOND AFFORDABLE HOUSING on motion of Ms. Haley, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16 -foot water easement across the properties owned by Richmond Affordable Housing. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 13.B.2.b.2. REQUEST TO QUITCLAIM A PORTION OF A 16' WATER EASEMENT ACROSS THE PROPERTY OWNED BY ZAREMBA METROPOLITAN MIDLOTHIAN, LLC On motion of Ms. Haley, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16 -foot water easement across the property owned by Zaremba Metropolitan Midlothian, LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 13.B.2.b.3. REQUEST TO QUITCLAIM A PORTION OF A 20' WATER EASEMENT ACROSS THE PROPERTY OWNED BY MEADOWVILLE LANDING LLC On motion of Ms. Haley, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 20 -foot water easement across the property owned by Meadowville Landing LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 13.B.2.b.4. REQUEST TO QUITCLAIM A PORTION OF A 16' WATER EASEMENT ACROSS THE PROPERTY OWNED BY BERMUDA SQUARE VENTURE LLC On motion of Ms. Haley, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16 -foot water easement across the property owned by Bermuda Square Venture LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 22-123 2/23/2022 13.B.2.c. REQUESTS FOR PERMISSION 13.B.2.c.1. REQUEST PERMISSION TO INSTALL A PRIVATE WATER SERVICE LINE WITHIN PROPOSED PRIVATE EASEMENTS TO SERVE THE PROPERTY AT 1301 OLD BON AIR ROAD On motion of Ms. Haley, seconded by Mr. Holland, the Board granted permission to install a private water service line within proposed private easements to serve property at 1301 ( Old Bon Air Road and authorized the County Administrator to execute the water connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 13.B.2.c.2. REQUEST FOR PERMISSION TO ENTER COUNTY PROPERTY EAST OF MARINA DRIVE On motion of Ms. Haley, seconded by Mr. Holland, the Board approved a request from the Virginia Passenger Rail Authority to enter county property east of Marina Drive for the High Speed Rail project and authorized the County Administrator to execute the request for permission. (it is noted a copy of the plat is filed with the papers of this Board.) Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 13.B.3. AWARD OF CONSTRUCTION CONTRACT FOR FALLING CREEK LW WASTEWATER TREATMENT PLANT SECONDARY CLARIFIER GATES REPLACEMENT On motion of Ms. Haley, seconded by Mr. Holland, the Board authorized the Director of Procurement to award the construction contract to Waco, Inc. in the amount of $379,000 and execute all necessary change orders up to the full amount budgeted for the Falling Creek Wastewater Treatment Plant Secondary Clarifier Gates Replacement project. Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 13.B.4. AWARD OF CONSTRUCTION CONTRACT FOR TURNER ROAD PUMP On motion of Ms. Haley, seconded by Mr. Holland, the Board authorized the Director of Procurement to award the construction contract to Waco, Inc. in the amount of $9,418,882 and execute all necessary change orders up to the full amount budgeted for the Turner Road Pump Station Rehabilitation project. Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 22-124 2/23/2022 13.8.5. ACCEPT AND APPROPRIATE $520,000 IN AMERICAN RESCUE PLAN ACT FUNDS FOR REGIONAL TOURISM RECOVERY PROGRAM On motion of Ms. Haley, seconded by Mr. Holland, the Board accepted and appropriated $520,000 in American Rescue Plan Act (ARPA) funds for Regional Tourism Recovery program. Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 13.B.6. APPROVE REVISIONS TO GREATER RICHMOND TRANSIT CORPORATION ("GRTC") ARTICLES OF INCORPORATION AND BYLAWS, AUTHORIZE COUNTY ADMINISTRATOR OR DESIGNEE TO VOTE CHESTERFIELD COUNTY'S GRTC STOCK SHARES, AND CONFIRM AND RATIFY ACTION OF GRTC BOARD OF DIRECTORS AND SHAREHOLDERS On motion of Ms. Haley, seconded by Mr. Holland, the Board 1) approved revisions to the GRTC Articles of Incorporation and Bylaws; 2) directed the County Administrator or his designee to vote the County's shares of GRTC stock, either at a special shareholder's meeting or otherwise, to approve the Bylaws revisions, and to take any other action necessary to approve the Bylaws revisions; 3) requested the Chesterfield County GRTC Board of Directors to approve the revisions to the Articles of Incorporation; and 4) ratified and confirmed all actions of the shareholders and the GRTC Board of Directors to amend the current GRTC Articles and Bylaws in conformance with revisions. (It is noted a copy of the revised Articles of Incorporation and Bylaws are filed with the papers of this Board.) Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 13.B.7. DEFER PUBLIC HEARING TO CONSIDER AN ORDINANCE TO AMEND COUNTY CODE 5 7-3 (PRECINCT BOUNDARIES AND POLLING PLACES) TO CURE PRECINCT SPLITS RESULTING FROM THE REDISTRICTING OF THE COUNTY'S MAGISTERIAL DISTRICTS AND THE STATE'S REDISTRICTING OF CONGRESSIONAL AND LEGISLATIVE DISTRICTS; AND TO ESTABLISH POLLING PLACES FOR NEW PRECINCTS AND MOVE PRECINCTS REDISTRICTED INTO NEW MAGISTERIAL DISTRICTS On motion of Ms. Haley, seconded by Mr. Holland, the Board deferred to March 9, 2022 the public hearing scheduled for February 23, 2022 to consider an ordinance to amend County Code Section 7-3 (Precinct Boundaries and Polling Places) to cure precinct splits resulting from the redistricting of the County's magisterial districts and the State's redistricting of congressional and legislative districts; and to establish polling places for new precincts and move precincts redistricted into new magisterial districts. Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 22-125 2/23/2022 13.8.8. SET PUBLIC HEARING 13.B.8.a. TO AMEND A LICENSE AGREEMENT WITH EVENTMAKERS USA On motion of Ms. Haley, seconded by Mr. Holland, the Board set the date of March 9, 2022, for a public hearing to consider an amendment to a License Agreement with EventMakers USA to hold concerts at River City Sportsplex beginning after March 9, 2022. Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 13.B.8.b. TO AUTHORIZE ADVERTISEMENT OF 2022 CALENDAR YEAR TAX RATES AND OTHER REQUIRED LEGAL NOTICES AND PUBLIC HEARINGS RELATED TO THE PROPOSED FY2023 BUDGET On motion of Ms. Haley, seconded by Mr. Holland, the Board authorized the advertisement of a public hearing on March 23, 2022, to consider 2022 tax rates and other required legal notices and public hearings related to the proposed FY2023 budget. Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 13.B.8.c. AUTHORIZE ADVERTISEMENT OF PROPOSED ORDINANCE CHANGES FOR THE FY2023 WATER AND WASTEWATER UTILITY RATES On motion of Ms. Haley, seconded by Mr. Holland, the Board set the date of March 23, 2022, and authorized advertisement of that date for a public hearing to consider proposed ordinance changes for the FY2023 water and wastewater utility rates. Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 13.B.8.d. TO CONSIDER COMPREHENSIVE PLAN AMENDMENT RELATIVE TO CHAPTERS 10 E 11 (THE LAND USE PLAN AND SPECIFIC AREA PLANS) - COMPREHENSIVE PLAN On motion of Ms. Haley, seconded by Mr. Holland, the Board set the date of April 27, 2022, for a public hearing to consider a Comprehensive Plan amendment relative to Chapters 10 and 11 (The Land Use Plan and Specific Area Plans) - Comprehensive Plan Modernization. Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 13.B.8.e. TO CONSIDER CHANGES TO THE CHESTERFIELD COUNTY PARKING ORDINANCE, COUNTY CODE 13-41 On motion of Ms. Haley, seconded by Mr. Holland, the Board set the date of March 9, 2022, for a public hearing to consider 22-126 2/23/2022 changes to the Chesterfield County parking ordinance, County Code Section 13-41. Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 13.8.9. ACCEPTANCE OF STATE ROADS On motion of Ms. Haley, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this \ resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: 533.2-705, 33.2-334 Street Name and/or Route Number • Laurel Park Drive, State Route Number 8386 From: 0.03 miles southeast of Cabretta Drive, (Route 7496) To: 0.07 miles southeast of Cabretta Drive, (Route 7496), a distance of 0.04 miles Recordation Reference: Plat Book 275, Page 30 Right of Way width (feet) = 47 • Laurel Park Drive, State Route Number 8386 From: 0.07 miles southeast of Cabretta Drive, (Route 7496) To: Laurel Park Court, (Route 8387), a distance of 0.08 miles Recordation Reference: Plat Book 275, Page 30 Right of Way width (feet) = 47 • Laurel Park Drive, State Route Number 8386 From: Cabretta Drive, (Route 7496) To: 0.03 miles southeast of Cabretta Drive, (Route 7496), a distance of 0.03 miles Recordation Reference: Plat Book 275, Page 30 Right of Way width (feet) = 40 22-127 2/23/2022 • Laurel Park Drive, State Route Number 8386 From: Laurel Park Court, (Route 8387) To: The cul-de-sac, a distance of 0.05 miles. Recordation Reference: Plat Book 275, Page 30 Right of Way width (feet) = 47 o Laurel Park Court, State Route Number 8387 From: Laurel Park Drive, (Route 8386) To: The cul-de-sac, a distance of 0.05 miles. Recordation Reference: Plat Book 275, Page 30 Right of Way width (feet) = 47 And, further, the Board adopted the following resolution WHEREAS, the street described below is shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334 Street Name and/or Route Number • Sterlingworth Drive, State Route Number 8247 From: 0.05 miles southeast of Trail Ride Drive, (Route 7289) To: The cul-de-sac, a distance of 0.04 miles Recordation Reference: Plat Book 281, Page 52 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. 22-128 2/23/2022 NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. J\ 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: Hallsley Section 25 and Hallsley Section - 1 (Remainder) Tvoe Chanae to the Secondary Svstem miles of State Hiahways: Addition Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: 533.2-705, 33.2-334 Street Name and/or Route Number • Alsdell Road, State Route Number 7448 From: 0.09 miles northeast of Duns Tew Drive, (Route 7447) To: The end -of -maintenance, a distance of 0.02 miles Recordation Reference: Plat Book 256, Page 26 Right of Way width (feet) = 44 • Dunleer Way, State Route Number 8384 From: 0.03 miles northwest of Alsdell Road, (Route 7448) To: Dunleer Court, (Route 8385), a distance of 0.04 miles Recordation Reference: Plat Book 256, Page 26 Right of Way width (feet) = 40 • Dunleer Way, State Route Number 8384 From: Alsdell Road, (Route 7448) To: 0.03 miles northwest of Alsdell Road (Route 7448), a distance of 0.03 miles Recordation Reference: Plat Book 175, Page 1 Right of Way width (feet) = 40 Dunleer Way, State Route Number 8384 From: Dunleer Court, (Route 8385) To: The end -of -maintenance, a distance of 0.01 miles Recordation Reference: Plat Book 256, Page 26 Right of Way width (feet) = 40 • Dunleer Court, State Route Number 8385 From: Dunleer Way, (Route 8384) To: The cul-de-sac, a distance of 0.08 miles Recordation Reference: Plat Book 256, Page 26 Right of Way width (feet) = 40 Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 13.3.10. APPROPRIATE $74,064 IN ONE-TIME FUNDING FROM THE VIRGINIA DEPARTMENT OF SOCIAL SERVICES On motion of Ms. Haley, seconded by Mr. Holland, the Board accepted and appropriated the receipt of $74,064 in one-time 22-129 2/23/2022 funding for the Transportation Assistance Program (TAP) to support Chafee Program eligible youth, ages 14 to 23, with transportation assistance up to $4,000 per youth. Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 14. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Renae Eldred addressed the Board relative to the need for an additional staff member in Code Enforcement. She also noted that recycling is not getting picked up as scheduled. Ms. Meg Camden addressed the Board relative to concerns about the Upper Magnolia Green West rezoning case. Mr. Mike Uzel addressed the Board relative to concerns about the Upper Magnolia Green rezoning cases. Ms. Doris Knick addressed the Board relative to concerns about cell phone towers and school properties. 15. DEFERRED ITEMS FROM PREVIOUS MEETINGS There were no Deferred Items at this time. 16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 18 Ms. Sara Hall stated for each case on the consent agenda, staff has received written confirmation from the applicants that they agree with the conditions being imposed and all proffers are offered in compliance with state law. 21SN0592 In Midlothian Magisterial District, CDG Holdings LLC requests rezoning from Regional Business (C-4) and Agricultural (A) to Multifamily Residential (R -MF) plus conditional use planned development to permit exceptions relative to ordinance requirements and development standards and amendment of zoning district map on 22.19 acres fronting 500 feet along the west line of Mall Drive, 750 feet south of Robious Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Regional Mixed use. Tax ID 741-713-7004-00002. Ms. Hall introduced Case 21SN0592. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Winslow called for public comment. 22-130 2/23/2022 There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Haley, seconded by Mr. Holland, the Board approved Case 21SN0S92 subject to the following conditions: The Applicant in this case 21SN0592, pursuant to Section 15.2- 2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffer that the property known as Chesterfield County Tax Identification Number 741713700400002 ("the Property") under consideration will be used according to the following proffers if, and only if, the request submitted herewith is granted with only those conditions agreed to by the Applicant. In the event this request is denied or approved with conditions not agreed to by the Applicant, the proffers shall immediately be null and void and of no further force or effect. The Applicant hereby offers the following proffered conditions: 1. Master Plan. The Textual Statement dated December 28, 2021, shall be considered the Master Plan. (P) 2. Utilities. Public water and wastewater system shall be used. Prior to any site plan approval a utility plan for the Property shall be submitted to and approved by the Utilities Department (the "Utilities Master Plan"). The developer shall submit a wastewater hydraulic analysis for review and approval by the Utilities Department prior to the Utilities Master Plan approval. Any capacity related improvements necessary to the support the demands of this project will be the responsibility of the developer and reflected on the Utilities Master Plan. Utilities for this development, and phasing thereof, shall conform to the approved Utilities Master Plan or as otherwise approved by the Utilities Department. (U) 3. Recreational Uses. A pool and a minimum of 6,000 square feet clubhouse/amenity area, which shall include interior and exterior gathering spaces, cafe area, fitness center, and other recreational uses and common areas to primarily serve the residents, shall be provided. A dog park, landscaped areas, gathering areas, and bike racks shall be provided throughout the development. Other similar recreational uses and pedestrian elements shall be permitted. Pedestrian scale amenities shall be developed concurrent with the phase of development that the amenities are intended to serve. (P) 4. Architectural/Design Elements. Acceptable siding materials shall include a combination of upscale veneers such as manufactured stone veneer, brick, masonry, metal panels, hardy and/or cement panels. Exterior Insulation l Finishing System (EIFS) and exterior vinyl siding shall ••/ not be utilized. Unit foundations shall be brick or stone and shall extend a minimum of twenty-four (24) inches above final grade. The roofs shall be sloped or flat and the roof materials shall be standing seam metal, TPO, or thirty (30) year architectural dimensional shingles. (P) 5. Unit Types. The dwelling units shall be limited to studio, one (1), two (2), and three (3) bedroom units, provided 22-131 2/23/2022 no more than ten percent (10%) of the units shall be permitted to be three (3) bedroom units. (P) 6. Pedestrian Connectivity. Overall site grading and layout will be planned to facilitate pedestrian traffic. The development shall provide sidewalks, crosswalks, street trees and green spaces to create a pedestrian -friendly community. Sidewalks shall be provided throughout the development to connect the apartments and commercial, LI retail and restaurant uses surrounding the Property. (P) 7. Foundation Planting. Foundation plantings shall generally be provided along all building facades. Foundation planting beds shall be a minimum of four (4) feet wide measured from the building 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. Building corners shall be visually softened with vertical accent shrubs 4- 5 feet in height at the time of planting or small evergreen trees 6-8 feet in height at the time of planting. (P) 8. Mechanical Unit; Trash Facilities Screening. Any mechanical units shall be ground mounted or roof mounted. Any mechanical units that are ground mounted, and trash collection/compactor facilities (not including convenience cans), shall be screened with landscaping or a low maintenance material fence designed to complement the architecture. Screening shall be designed so as to block such mechanical units from view by persons on any public streets. The specific method of screening shall be kw approved at the time of plan review. (P) 9. Road Cash Proffer. The Owner/Developer/Applicant shall pay $4,689 for each dwelling unit to the County of Chesterfield for road improvements within the service district for the Property ("Road Cash Proffer"). 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 the County impose impact fees at any time during the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward, but not be in addition to, any impact fees, in a manner determined by the County. (B&M) 10. Road Improvements (Public). Prior to issuance of any certificate of occupancy, the Owner/Developer/Applicant shall provide a separate right -turn lane at each approved access along southbound Mall Drive, as approved by the Transportation Department, with dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvement identified above. (T) 11. Road Improvements (Private). As required by the County at the time of site plan approval, the Owner/Developer/Applicant shall provide the following improvements: (i) mill and overlay the full twenty-four (24) foot width of Dunbrook Road from the Dunbrook Road proposed access ("Dunbrook Road Full Access" on Exhibit A) for a distance of approximately 400 feet northbound towards Robious Road and (ii) construct a five (5) foot 22-132 2/23/2022 wide sidewalk along the east side of Dunbrook Road for the full length of the road improvements, with modifications approved by the Planning Department. (P) 12. Trash Pick -Up. Trash pick-up shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday. (P) 13. Boat, Boat Trailer and RV Parking. Boat, boat trailer and RV parking shall be prohibited on the Property. (P) 14. Access. Direct vehicular access from the Property to Mall Drive shall be limited to two (2) entrances/exits, as generally shown on Exhibit A. The exact access locations shall be approved by the Transportation Department. (T) 15. Stormwater. For the portion of the Property which drains to Tax ID 740-713-7018, the maximum post -development discharge rate for the 100 -year storm shall be based on the minimum capacity of the existing facilities downstream, and the recorded 100 -year backwater and/or floodplain shall not be increased. On-site detention of the post -development discharge rate for the 100 -year storm to below the pre -development discharge rate may be provided to satisfy this requirement. (EE) Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 21SN0616 In Dale Magisterial District, Nash Road/Woodpecker Road, LLC requests rezoning from Agricultural (A) to Residential (R-25) plus conditional use planned development to permit exceptions to development standards and amendment of zoning district map on 32.85 acres located in the northeast corner of Nash and Woodpecker Roads. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Neighborhood Business use. Tax ID 760-646-0365. Ms. Hall introduced Case 21SN0616. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Winslow called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Carroll, the Board approved Case 21SN0616 subject to the following conditions: The Applicant in this case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffer that the property under consideration in this case ("the Property") will be used according to the following proffer(s) if, and only if, the request submitted herewith is granted with only those conditions agreed to by the Applicant. In the event this request is denied or approved with conditions not agreed to by the owners and Applicant, the proffers shall 22-133 2/23/2022 J J J immediately be null and void and of no further force or effect 1. Master Plan. The Textual Statement, last revised December 22, 2021, shall be considered the Master Plan. (P) 2. Concept Plan. The Property shall be developed generally in conformance with the conceptual layout, last revised December 22, 2021 and attached hereto as EXHIBIT A, except that variations from the conceptual layout shall be permitted to accommodate wetlands, riparian protection areas, and stormwater management facilities, or other circumstances, all as approved by the Director of the Planning Department. (P) 3. Density. The number of dwelling units shall not exceed 22. (P) 4. Access. The Property shall have no direct vehicular access to Nash Road or Woodpecker Road. (T) 5. Road Cash Proffer. The Developer/Subdivider/Assignee, at his sole discretion, shall provide one of the following: A. For each dwelling unit, the Developer/Subdivider/Assignee shall pay $9,400 per dwelling unit (the "Road Cash Proffer") 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; -or- B. The Developer/Subdivider/Assignee shall provide road improvements equal to or greater than the Road Cash Proffer, provided that the estimated cost, specifications, location, and timing of such road improvements are approved by the Transportation Department in conjunction with initial development. These road improvements could include shoulder widening along the north side of Woodpecker Road (i.e., twelve (12) foot -wide travel lane, as measured from the centerline of the road, with an additional four (4) foot -wide paved shoulder and overlaying the road to the existing centerline with one and a half (1.5) inches of compacted bituminous asphalt concrete with any modifications approved by the Transportation Department for a distance of 233 feet. (B&M & T) 6. Connection to County Water. The applicant or developer shall connect the Property to County water at time of construction. (U) 7. Dedication of Waterline Easements. In conjunction with recordation of the initial subdivision plat or within sixty (60) days from a written request by the Utilities Department, whichever occurs first, the Applicant/Developer/Subdivider shall dedicate waterline easements (to the extent that the Utilities Department determines that such easements are necessary) along the Property's frontage on Nash Road and Woodpecker Road. (U) 22-134 2/23/2022 8. Architectural Design Standards. The Property shall be developed in accordance with the following Architectural/Design Elements, which are considered minimum standards. A. Style and Form: 1. Architectural Styles. The Architectural styles shall use forms and elements compatible with those in the Highlands Subdivision in Chesterfield County, Virginia. Each dwelling constructed on the Property shall include at least two (2) of the following architectural features: masonry watertables, decorative lintels, soldier courses with keystones, cornices, columns, balconies, dentil mouldings, or front doorways with sidelights and/or transoms. 2. Variation in Front Elevations. The following restrictions are designed to maximize architectural variety of the houses. a. Buildings with the same front elevation may not be located adjacent to, directly across from, or diagonally across the street from each other on the same street. b. Variation in the front elevation to address the paragraph above may not be achieved by simply mirroring the facade but may be accomplished by providing at least two (2) of the following architectural changes: i. providing different materials and/or siding types on at least 50% of the elevation ii. providing a different roof type/roof line iii. alternating the color themes with respect to siding, doors, and trim. B. Exterior Facades. Acceptable siding materials shall include: brick, stone, stucco, synthetic stucco (E.I.F.S.), or horizontal lap siding. Horizontal lap siding may be manufactured from natural wood or cement fiber board or may be premium quality vinyl siding with a minimum 0.044 inch wall thickness. Synthetic Stucco (E.I.F.S.) siding shall be finished in a smooth, sand or level texture, no rough textures are permitted. Dutch lap vinyl is prohibited. C. Foundations. All exposed foundations shall be constructed of brick, stone, or a combination thereof. D. Roof Materials. Roofing material shall be dimensional architectural shingles or standing -seam metal with a minimum 30 -year warranty. All flashing 22-135 2/23/2022 shall be copper or pre -finished aluminum (bronze or black). E. Porches and Stoops. 1. Front porches. All front entry stoops and front porches shall be covered and constructed with either a continuous foundation wall or by masonry piers and lattice screening. If a continuous foundation wall is used to support a front entry stoop or front porch, the foundation wall shall be constructed of the same foundation material as is used on the remainder of the house (e.g., brick, stone, a combination of brick and stone, stucco, or synthetic stucco (E.I.F.S.)). Front porches shall be a minimum of five (5)' deep. Handrails and railings shall be finished wood or metal railing with vertical pickets, stainless steel cables, swan balusters, or better. Pickets shall be supported on top and bottom rails that span between columns. There shall be no unpainted vertical surfaces on decks, porches and stoops on the front or sides of the house. F. Fireplaces, Chimneys and Flues. 1. Chimneys. Sided chimneys are permitted on roof planes or facades and must have masonry foundations. Cantilevered chimneys are not permitted. The width and depth of chimneys shall be appropriately sized in proportion to the size kw and height of the dwelling unit. For gas fireplaces, metal flues may be used on the roof. 2. Direct Vent Fireplaces. Direct vent gas fireplace boxes that protrude beyond the exterior plane of the dwelling unit are not permitted on front facades. All the exterior materials and finishes used to enclose the fireplace box must match the adjacent facade. (P) 9. Driveways/Front Walks. A. Private Driveways. All private driveways serving residential uses shall be hardscaped. Hardscaping shall be constructed of either asphalt, brushed concrete, stamped concrete, exposed aggregate concrete, or decorative pavers. Private driveways shall not require curb and gutter. B. Front Walks. Front walks shall be provided to the front entrance of each dwelling unit. Front walks shall be hardscaped. Hardscaping shall be constructed of either brushed concrete, stamped concrete, exposed aggregate concrete, or decorative pavers. Front walks shall be a minimum of three (3) feet wide. (P) 10. Garages. A. All units shall have, at a minimum, an attached two - 22 -136 2/23/2022 car garage. B. Both front -loaded and corner side -loaded garages shall use an upgraded garage door. 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. C. Front -loaded and corner side -loaded garages shall not extend past the front line of the main dwelling. (P) 11. Landscaping and Yards. A. Front Foundation Planting Bed. Foundation planting is required along the entire front facade of all units, and shall extend along all sides facing a street. Foundation planting beds shall be a minimum of four (4) feet wide from the dwelling unit foundation. Planting beds shall be defined with a trenched edge or suitable landscape edging material. Planting beds shall include medium shrubs, spaced a maximum of four feet apart, and planting beds may include spreading groundcovers. Unit corners shall be visually softened with vertical accent shrubs (4- 5 feet in height) or small evergreen trees (6-8 feet in height) at the time of planting. B. Front Yard Tree. One (1) tree per lot shall be planted or retained. A tree shall be planted or retained on both street frontages on corner lots. The front yard tree shall be a large deciduous tree and have a minimum caliper of two and one-half (2.5) inches. Native trees shall be permitted to have a minimum caliper of two (2) inches. (P) 12. Heating, Ventilation and Air Conditioning (HVAC) Units and House Generators. Units shall initially be screened from view of public roads by landscaping or low maintenance material, as approved by the Planning Department. (P) 13. Minimum Dwelling Unit Size. The minimum gross floor area for one-story dwelling units shall be 1,800 square feet and dwelling units with more than one story shall have a minimum gross floor area of 2,000 square feet. (BI & P) Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. V 21SN0644 In Matoaca Magisterial District, Lisa and Stephen Phillips II request conditional use to permit parking and storage of a recreational vehicle outside the rear yard and amendment of zoning district map in a Residential (R-12) District on 0.3 acre known as 8116 Whirlaway Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive 22-137 2/23/2022 Plan suggests the property is appropriate for Suburban Residential II use (2 to 4 dwellings per acre) . Tax IO 728- 664-3679. Ms. Hall introduced Case 21SN0644. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Winslow called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Carroll, seconded by Mr. Ingle, the Board approved Case 21SN0644 subject to the following conditions: 1. Non -Transferable Ownership. This Conditional Use approval shall be granted exclusively to Stephen and Lisa Phillips 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 no greater than forty (40) feet in length. (P) �iaxnFsa In Matoaca Magisterial District, Cosby Village, LLC requests amendment of zoning approval (Case 19SN0625) relative to proffers, textual statement and master plan to permit a commercial kennel and amendment of zoning district map in a Neighborhood Business (C-2) District on 8.32 acres known as 15901 Cosby Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Neighborhood Business use. Tax ID 713-670-6548. Ms. Hall introduced Case 21SN0653. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Winslow called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Carroll, seconded by Ms. Haley, the Board approved Case 21SN0653 subject to the following conditions: The Owner -Applicant in this rezoning Case 21SN0653 pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) 22-138 2/23/2022 3. Location of Recreational Vehicle. The applicant shall remove or relocate the existing front fence at west side of the residence to allow the recreational vehicle to be moved behind the front plane of the residence. The recreational vehicle shall be parked behind the front plane of residence on the driveway. (P) Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. �iaxnFsa In Matoaca Magisterial District, Cosby Village, LLC requests amendment of zoning approval (Case 19SN0625) relative to proffers, textual statement and master plan to permit a commercial kennel and amendment of zoning district map in a Neighborhood Business (C-2) District on 8.32 acres known as 15901 Cosby Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Neighborhood Business use. Tax ID 713-670-6548. Ms. Hall introduced Case 21SN0653. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Winslow called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Carroll, seconded by Ms. Haley, the Board approved Case 21SN0653 subject to the following conditions: The Owner -Applicant in this rezoning Case 21SN0653 pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) 22-138 2/23/2022 and the Zoning Ordinance of Chesterfield County, Virginia, for itself and its successor or assigns, proffers the development of the approximately 8.32 acres (the "Property") with Chesterfield County Tax Identification Number 713670654800000 under consideration will be developed according to the following conditions; however, in the event the request is denied or approved with conditions not agreed to by the OwnerApplicant, these proffers shall be immediately null and void and of no further force or effect. /l 1. Master Plan. The Textual Statement dated January 18, 2022 `+ shall be considered the Master Plan for the Property. (P) 2. Fencing. Perimeter wall with intermittent brick columns eight feet (8') tall will be added along the entire property line, as generally shown on the Concept Plan and Exterior Elevations. Outdoor dog runs or enclosures inside of the perimeter wall shall be six feet (6') tall and shall be screened from view by the perimeter fencing, as shown on the renderings, or as otherwise approved at the time of plan review. (P) 3. Density. The development shall contain a maximum of 185 dog suites. (P) 4. Sound Suppression. (P) a. Walls and roofs. Walls and roofs shall be constructed to reduce and minimize sound, and at a minimum, shall include the following: exterior walls shall be constructed with grout filled concrete masonry; un - grouted walls shall have core -fill acoustical foam insulation that fills the cavity within the wall; and all roofs shall be constructed with a six inch (611) thick R-19 minimum spray foam insulation to deaden sound within the space. b. Limit on Number of Doas and Hours Outside. A maximum of 15 dogs shall be permitted per outdoor play group, with the playgroups monitored by trained staff and limited by pet size, energy level and temperament to minimize barking and sound. All pets shall be inside the building from 7:00 p.m. until 6:30 a.m. Monday through Friday, and from 6:00 p.m. until 8:00 a.m. Saturday and Sunday. S. Business Hours of Operation. The business hours of operation for dog day camp, grooming and boarding drop- off and pick-up are permitted between 6:30 a.m. and 7:00 p.m. Monday through Friday, and between 9:00 a.m. and 5:00 p.m. Saturday and Sunday. (P) 6. 24 -Hour Caretaker. There shall be a minimum of one (1) on-site caretaker 24 -hours a day, seven (7) days a week, to provide for the safety and security of the pets. (P) 7. Trash Receptacle; Collection Hours. Dumpsters and trash receptacles, not including convenience containers, shall be screened from public view at ground level at the perimeter of the Property, with brick on three (3) sides complementary to the main building on the Property. The fourth (4th) side shall have a gate or door that is of a substantial and durable material as determined at the time 22-139 2/23/2022 of Plan of Development review. Support posts, gate frames, hinges and latches shall be of a sufficient size and strength to allow the gates to function without sagging or becoming a visual eyesore. The location of any dumpster on the Property shall be as generally shown on the Concept Plan, and trash pick-up shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday. (P) Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 21SN0654 In Bermuda Magisterial District, Rachel Massey requests conditional use to permit a family day care home and amendment of zoning district map in Residential (R-12) District on 1.26 acres known as 10907 Arbor Ridge Terrace. 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 778-658-0958. Ms. Hall introduced Case 21SN0654. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Winslow called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Ingle, seconded by Mr. Carroll, the Board approved Case 21SN0654 subject to the following conditions: 1. Non -Transferable Ownership. This conditional use approval shall be granted to and for Rachel Massey, exclusively, and shall not be transferable nor run with the land. (P) 2. Expansion of Use. There shall be no exterior additions or alterations to the existing structure to accommodate this use. (P) 3. Signage. There shall be no signs permitted to identify this use. (P) 4. Number of Children. This conditional use approval shall be limited to providing care, protection and guidance to a maximum of twelve (12) children, other than the applicants own children, at any one time. (P) 5. Hours of Operation. Hours and days of operation shall be limited to Monday through Friday from 6 a.m. to 6 p.m. P) 6. Time Limitation. This conditional use approval shall be granted for a period not to exceed five (5) years from the date of approval. (P) 7. Fenced Outdoor Play Areas. Any outdoor play area and/or recreational equipment utilized by the family day care home shall be located in the side or rear yard of the 22-140 2/23/2022 property. Outdoor play and/or recreational equipment areas shall have perimeter fencing of at least four (4) feet in height, installed around the equipment or play area, prior to the commencement of the day care operations. Equipment for outdoor play areas shall be located no closer than ten (10) feet to the side or rear property lines. (P) 8. Employees. No more than two (2) employees shall be permitted to work on the premises, other than family member employees who live on the premises. (P) Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 9l4NnFS7 In Dale Magisterial District, Thong Le requests conditional use to permit a two-family dwelling and amendment of zoning district map in a Residential (R-7) District on 0.26 acre known as 6212 Barrister Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax ID 775-664-5545. Ms. Hall introduced Case 21SN0657. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Winslow called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Ingle, the Board approved Case 21SN0657 subject to the following conditions: 1. Occupancy Limitations: Occupancy of the second dwelling unit shall be limited to: the occupants of the principal dwelling unit, individuals related to them by blood, marriage, adoption or guardianship, foster children, guests, and any domestic servants. (P) 2. Deed Restriction: For the purpose of providing record notice, within thirty (30) days of approval of this request, a deed restriction shall be recorded setting forth the limitation in Condition 1. The deed book and page number of such restriction and a copy of the restriction as recorded shall be submitted to the Planning Department. (P) Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 91 CNnAIQ In Midlothian Magisterial District, Wolfgang & Loretta Webner request conditional use to permit a farm use to keep farm animals and amendment of zoning district map in a Residential 22-141 2/23/2022 (R-15) District on 11.45 acres known as 260, 320, 420 and 440 Buford Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential use (2.51 to 4.0 dwellings per acre). Tax IDs 758-708-6855, 8431; 759-707-3879; 759-708-1200. Ms. Hall introduced Case 21SN0679. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Winslow called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Haley, seconded by Mr. Holland, the Board approved Case 21SX0679 subject to the following conditions: 1. Use. This conditional use approval shall be for a farm use, which shall be limited to the keeping of a maximum of forty-eight (48) chickens, one (1) rooster, six (6) sheep and six (6) goats. (P) 2. Ownership. This Conditional Use approval shall be granted exclusively to Wolfgang & Loretta Webner and shall not be transferable nor run with the land. (P) 3. Time Limitation. The Conditional Use shall be granted for a period of five (5) years from the date of approval. (P) 4. Conceptual Plan. The proposed site layout, with the depicted tree preservation area, shall generally conform to the layout as shown on Exhibit A. (P) 5. Tree Preservation Areas. A tree preservation area shall be maintained with existing trees and shrubs. A 100 foot tree preservation area shall be maintained along Buford Road. Fencing, grazing areas, structures, and animals shall be prohibited from the tree preservation area. (P) 6. Agricultural BMP. Within ninety (90) days of approval of this request, a plan shall be submitted to the Department of Environmental Engineering for review and approval for the control of runoff from animal holding areas. The plan shall include the installation of an agricultural BMP downstream of any animal holding areas. The approved plan shall be implemented within sixty (60) days of the approval of the plan. (EE) 7. Commercial Activity. No commercial activity, such as the breeding or sale of animals, shall be permitted in conjunction with this use. (P) 8. Animal Waste. All areas associated with the keeping of horses and chickens shall be cleaned and made free of waste on a regular basis. waste shall be disposed of in an appropriate disposal container that is periodically removed from the site. In addition, the property owner shall employ a means of eliminating any odor problems and propagation of insects. (P) 22-142 2/23/2022 9. Keeping of Chickens. a. At all times, chickens are kept within a single building having a single attached fenced outside run as follows: i. building is a minimum of 80 square feet and a maximum of 160 square feet; ii. fenced outside run area is a maximum of 448 square feet and has a minimum area of 8 square feet per chicken; and, iii. fenced outside run area is securely enclosed on j the top and sides with a wire mesh or similar J material. b. Slaughtering of chickens does not occur on-site. C. Building and attached outside run area are located in the rear yard and located in area that conforms to the location shown on Exhibit A. (P) 10. Fencing. A fence shall be constructed to contain chickens, a rooster, sheep and goats within the rear yard of the Property. No animals shall be permitted to graze outside of the fenced areas. (P) Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 21SN0687 In Dale Magisterial District, Chesterfield County General Services requests conditional use to permit a park and ride parking lot and government building uses in an Agricultural (A) District and amendment of zoning district map on 9.84 acres known as 4001, 4003 and 4009 Cogbill Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2 to 4 dwellings per acre). Tax IDs 782-685-0557, 0583 and 4467. Ms. Hall introduced Case 21SN0687. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Winslow called for public comment Ms. Renae Eldred expressed concerns relative to the ramps and encouraged the Transportation Department to conduct traffic studies. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Ms. Haley, the Board approved Case 21SN0687 subject to the following conditions: 1. Uses. This conditional use shall permit a park and ride parking lot and government building uses on the Property. (P) 2. Development Standards. Unless the underlying zoning district (Agricultural) requirements are more restrictive, any development for a park and ride parking lot or government building uses (and any associated 22-143 2/23/2022 parking areas) shall conform to the requirements of the Zoning Ordinance for office uses (Corporate Office (0-2) District) in the Emerging Growth Design District. (P) 3. Lighting. Lighting shall be provided for the park and ride parking lot. Lighting shall meet Ordinance standards, as well as the following requirements: i. Use full cut-off LED luminaires to illuminate parking areas with an average illumination level of 3.0 foot- candles, as measured at grade. ii. Uniformity ratio for lighting shall not exceed 4:1. iii. These requirements may be modified at time of site plan review, with any modification being approved by the Director of Planning. (P) 4. Access Restrictions. Vehicular access to Frankmont Road and Homeward Road shall be prohibited. (P & T) 5. Stormwater. The post -development 2, 10 and 100 -year peak discharge rates shall not exceed the pre -development 2, 10 and 100 -year peak discharge rates, respectively. (EE) 6. Connection to Public Water & Wastewater Systems. The public water and wastewater systems shall be used. (U) 7. Public Wastewater Easements. In conjunction with site plan approval for any government building use, public wastewater easements shall be dedicated to provide access to the public wastewater system for the property at 4125 Cogbill Road. (U) S. Buffer. A fifty (50) foot buffer shall be provided along the eastern property line, adjacent to Meadowbrook Manor subdivision, with the development of any government building uses (and any associated parking areas). (P) 9. Fencing & Tractor Trailer Signage. Security measures including necessary perimeter fencing and signage prohibiting tractor trailer parking to be included at site plan review and approval. (P) Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 91 qWn AAA In Clover Hill Magisterial District, Chesterfield County General Services requests conditional use to permit a park and ride parking lot in Residential (R-7) and Residential (R-12) Le Districts and amendment of zoning district map on 49.43 acres known as 13900 Hull Street Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Business use. Tax ID 726-673-1225. Ms. Hall introduced Case 21SN0688. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. 22-144 2/23/2022 Mr. Winslow called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Winslow, seconded by Ms. Haley, the Board approved Case 21SN0688 subject to the following conditions: 1. Uses. This conditional use shall permit a park and ride 3 parking lot on the Property. (P) V 2. Development Standards. Unless the underlying zoning district (Residential R-7) requirements are more restrictive, any development for a park and ride parking lot shall conform to the requirements of the Zoning Ordinance for office uses (Corporate Office (0-2) District) in the Route 360 West Design District. (P) 3. Lighting. Lighting shall be provided for the park and ride parking lot. Lighting shall meet Ordinance standards, as well as the following requirements: i. Use full cut-off LED luminaires to illuminate parking areas with an average illumination level of 3.0 foot- candles, as measured at grade. ii. Uniformity ratio for lighting shall not exceed 4:1. iii. These requirements may be modified at time of site plan review, with any modification being approved by the Director of Planning. (P) 4. Upper Swift Creek Watershed. During construction, the following enhanced erosion and sediment control measures, as well as other measures approved by the Department of Environmental Engineering at the time of plans review, shall be used: i. Super Silt Fence, or an alternative as approved by the Department of Environmental Engineering, shall be provided as a perimeter control in locations where standard silt fence would have been required; ii. Sediment traps and basins sized at least twenty five percent (25U larger than the minimum Virginia Erosion Control Handbook's standard shall be provided; and iii. Anionic PAM, Flexible Growth Medium and/or a County - approved equivalent shall be applied to denuded areas during construction and at final stabilization in the locations shown on plans approved by Environmental Engineering at the time of plans review. (EE) Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 22-145 2/23/2022 21SN0692 In Midlothian Magisterial District, Bellona Arsenal Farm Associates, LLC requests conditional use to permit a farm use to keep farm animals and conditional use planned development to permit a commercial outdoor recreational establishment to keep exotic animals and amendment of zoning district map in a Residential (R-40) District on 71.07 acres known as 3816 Old Gun Road West. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Low Density Residential use (Maximum of 1 dwelling per acre). Tax ID 737-725-8140. Ms. Hall introduced Case 21SN0692. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Winslow called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Haley, seconded by Mr. Carroll, the Board approved Case 21SN0692 subject to the following conditions: 1. The following listed domesticated animals shall be the only domesticated animals permitted to be kept on the property, and the number of each adult domesticated animal species shall be limited to the number shown in parenthesis: a. Cattle (20); b. Miniature Horse (1); and, C. Donkeys or mules (3). The permitted number of each adult domesticated animal shall not include any offspring that is less than one (1) year in age. Nothing contained herein shall prohibit the keeping of common household pets on the property as otherwise permitted under applicable ordinances. (P) 2. The following listed exotic animals shall be the only exotic animals permitted to be kept on the property, and the number of each exotic animal species shall be limited to the number shown in parenthesis: a. Monkeys (14) The permitted number of each adult exotic animal shall not include any offspring that is less than one (1) year in age. (P) 2. All domesticated and exotic animals shall be confined in the areas shown on the exhibits submitted by the applicants. (P) 3. This conditional use and conditional use planned development shall be permitted only for as long as: a. Dr. William G. Fitzhugh and/or Marianne Fitzhugh, or an entity owned solely by Dr. William G. Fitzhugh and/or Marianne Fitzhugh, are owners of the property; 22-146 2/23/2022 b. The operation is conducted on property that contains in excess of sixty-five (65) acres of land; and, C. Dr. William G. Fitzhugh and/or Marianne Fitzhugh reside on the property. (P) 4. A report shall be filed with the County Health Department by July 1st of each year which provides documentation of all medical evaluations and test results for the exotic animals. That report shall include information on the 1 results of all state and federal inspections, including J any inspections by the United States Department of Agriculture. (H) 5. If determined by any County or State Department that there has been a violation of the conditions stated herein and such violation is not corrected in a timely fashion, as determined by and to the satisfaction of the responsible department, the Planning Department shall seek permission to process an application on behalf of the Board of Supervisors to consider a revision of the conditional use and the conditional use planned development approvals. (P) 6. Animal confinement areas may be relocated or expanded if required for the animals' health or well-being, or as suggested or required by any regulatory body, provided that all animal confinement areas must be located at least 100 feet from any property boundary. (P) 7. In addition to the animal enclosures, an eight (8) foot high security fence shall be provided around area(s) housing exotic animals. (P) 8. These uses shall not be open to the public. (P) Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 21SN0698 In Matoaca Magisterial District, Tina Long requests conditional use to permit a second dwelling and amendment of zoning district map in a Residential (R-25) District on 0.87 acre known as 11741 Riverpark Way. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Rural Residential/Agricultural use. Tax ID 722-648-8386. Ms. Hall introduced Case 21SN0698. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Winslow called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Carroll, seconded by Ms. Haley, the Board approved Case 21SN0698 subject to the following conditions: 22-147 2/23/2022 1. Occupancy Limitations: Occupancy of the second dwelling unit shall be limited to: the occupants of the principal dwelling unit, individuals related to them by blood, marriage, adoption or guardianship, foster children, guests, and any domestic servants. (P) 2. Deed Restriction: For the purpose of providing record notice, within thirty (30) days of approval of this request, a deed restriction shall be recorded setting forth the limitation in Condition 1. The deed book and page number of such restriction and a copy of the restriction as recorded shall be submitted to the Planning Department. (P) 3. Connection to Principal Dwelling: The second dwelling unit shall be connected to the principal dwelling unit in a manner that is continuous and covered. (P) Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 21SN0623 In Midlothian Magisterial District, Douglas Sowers requests conditional use to permit a private landing strip in an Agricultural (A) District and amendment of zoning district map on 231.97 acres known as 1401 County Line Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Phased Suburban Residential use (Maximum of 2.0 dwelling units/acre). Tax ID 704-702-6447. Mr. Harold Ellis presented a summary of Case 21SN0623. He stated the applicant has requested conditional use to permit a private landing strip on 231.97 acres. He reviewed the Aerial and Land Use Plan maps. He stated the subject property currently contains a single-family dwelling, related buildings, and structures used for small-scale farming activities. He reviewed the Conceptual Layout Plan and stated the only proposed improvement is the landing strip which is to be used primarily for the applicant and family members. He further stated operational conditions of approval include restrictions on the landing strip length, aircraft weight, hours of operations, frequency the landing strip may be used, maximum number of aircraft stored and parked on-site, required safety equipment on-site, and prohibition of commercial use. He stated the landing strip is to be located toward the middle of the property. He further stated subsequent to the Planning Commission, the applicant submitted revised proffered conditions which include setbacks from adjacent roadways for the landing strip. He stated aircraft will be stored within existing structures onsite, and the owners of the property will occupy the existing or a new home prior to the landing strip being used. He further stated the Planning Commission and staff recommended approval and believe any potentially adverse impacts as a result of the proposal will be mitigated with the recommended conditions of approval. He stated one comment was received through the comment portal expressing concern with the request. Mr. Jeff Geiger, representing the applicant, provided the Board with background on private landing strips in the region, 22-148 2/23/2022 including one in the Matoaca District. He discussed changes made in response to neighbors' concerns about the location of the landing strip on the property. He stated there were two community meetings, one virtual and one on the property, and the applicant has worked with staff and the neighbors to identify their concerns and specifically include conditions in the conditional use permit that address those concerns. He further stated one example is it cannot be operated as an airport. He stated any third -party users must be family, friends, and guests of the owner, and storage of planes would } be limited to two. He further stated the number of aircraft J that can be parked is limited to three. He stated there is also a condition requiring compliance with the layout previously shown, and the maximum length of the runway is set at the length that is required for small aircraft. He provided details of specific hours for take -offs and landings; no touch-and-go landings after the first three months; safety equipment maintained onsite; and an aircraft weight limit of 12,500 pounds. He reviewed setbacks, safe handling of fuel stored on the property, restriction on future subdivision of the property, enhanced sediment control requirements, and impacts on neighbors' insurance rates. He requested the Board approve the conditional use permit subject to the conditions in the staff report. In response to Mr. Ingle's question relative to touch-and-go landings within the first three months, Mr. Geiger stated the applicant worked with Mr. Mike Mickel, who runs Dominion Aviation at the Chesterfield County Airport, to get guidance on the proper way to set up the landing strip. He further stated one of Mr. Mickel's guidance points was that a pilot would need three months to get used to the crosswinds. He ) stated the applicant wanted to be upfront with the community V that these are not touch-and-go landings but rather frequent use for the pilot to get used to the winds as they are coming across the land, depending on weather conditions on each of those days. He further stated it was Mr. Mickel's recommendation that the applicant not be limited by the restriction during the three-month period to ensure proper training time for that runway. In response to Mr. Ingle's question relative to water on the property and concerns about birds, Mr. Geiger stated there could be some ducks or geese, but the applicant would go down and clear them prior to takeoff. He further stated the applicant heard about that concern but did not want to put in a specific requirement because the applicant did not want to disturb the neighbors with, for example, a shotgun blast or air horn. He stated Mr. Sowers could go down and disperse the birds before a plane takes off. In response to Mr. Ingle's question relative to reaching proper altitude over the top of the property, Mr. Geiger stated it \ depends on the wind, and there are variables. He further stated the applicant was very strategic in how the location was aligned. He reviewed the map and discussed orientation and take -off strategies. In response to Mr. Winslow's question relative to the types of planes permitted, Mr. Geiger stated the planes permitted are generally a prop and some jets in the small plane category with two to four seats. He further stated the plane most likely in the case is a Cirrus with a parachute for the plane. 22-149 2/23/2022 Mr. Carroll stated he thought what Mr. Ingle was alluding to was to make sure the aircraft, whether running north or south, has enough landing strip and clearance at the end of the landing strip to safely clear the trees and get to altitude on take -off. He further stated his guess from Mr. Geiger's answer was yes based on the type of plane. He inquired about what type of material the landing strip would be made of. Mr. Geiger stated it could be a grass strip or a more compact ` asphalt or concrete type, but that decision has not been made. In response to Mr. Carroll's question relative to lights, Mr. Geiger stated there would be lights, but they would only be used during operation. He further stated there must be landing strip lights available. He stated the property is a corn field, and the 250 acres is farmed. He further stated what is between the north end of the landing strip and the point where County Line Road and Hallsboro Road meet is an open field of approximately 2,000 to 3,000 feet. In response to Mr. Holland's question relative to the proximity of the closest home to the landing strip, Mr. Geiger referred to his presentation map and stated it is mainly to the west. He further stated some of those who had concerns and spoke at the Planning Commission were on the western side of the property, and the applicant wanted to assure them it would not come closer than 350 feet to the road, plus the additional feet to the driveway and the home. Mr. Winslow called for public comment. Ms. Julie Toler expressed concerns relative to safety issues, noise and air pollution, destruction of quality of life and quiet community, and impacts on wildlife, the natural environment, and the water table. Mr. Michael Brandon spoke in favor of the applicant's right to ask for a variance to do what he wants to do on his property. Mr. Mike Mickel spoke in favor of the case and said the applicant could run a safe and noninvasive operation on his property. There being no one else to speak to the issue, the public hearing was closed. Ms. Haley stated there have been concerns noted about the case. She further stated Mr. Sowers has worked collaboratively with the county regarding the use of the 250 -acre property. She stated there really was not much interest in looking at multifamily residential or anything similar there. She further stated Mr. Sowers has asked for this permission, and she credited her Planning Commissioner, Mr. Frank Petroski, for working with Mr. Geiger to develop conditions addressing citizen concerns. She stated Mr. Sowers has included limiting the use to personal family use, which is critically important to understanding that he has no intention of commercializing the use in any way. She further stated she does not foresee any attempt to do anything other than take the best personal use he can out of the 250 -acre property. She then made a motion, seconded by Mr. Holland, for the Board to approve Case 21SNO623 subject to the conditions. 22-150 2/23/2022 In response to Mr. Winslow's question relative to whether there has ever been any safety event on record that the county has noted or that has impacted the general vicinity of the other private airstrip in the county, Mr. Ellis stated he was not personally aware of such an event, and someone from the Chesterfield County Airport would be the best to answer that. Mr. Carroll stated he has visited the existing airstrip in the county and observed planes take off and land. He further stated he did not know if any incidents have occurred, but it is a very well-maintained strip in Matoaca. Mr. Jeremy Wilkinson, Airport Manager, stated to his knowledge there have been no incidents at the Mazza airstrip. In response to Mr. Winslow's question relative to whether a historical analysis of property values in and around the Mazza airstrip has been done, Mr. Ellis stated he was not sure about the Mazza airstrip, but Mr. Geiger would be able to address property values. Mr. Geiger stated a specific analysis has not been done, but he thought if one were to look at the property values around the Mazza airstrip, one would see the same type of increase in property values that the county has been experiencing over the last year. He further stated the property is zoned Agricultural, and the Zoning Ordinance indicates it is a permitted use with the proper conditions. Mr. Winslow then called for a vote on Ms. Haley's motion, seconded by Mr. Holland, for the Board to approve Case 21SN0623 subject to the following conditions: 1. Construction of the landing strip may only begin when the property is owned by a member of the Sowers family (defined below in Condition 3) or owned by an entity owned by a member of the Sowers family. (P) 2. The private landing strip shall not be used prior to a member of the Sowers family occupying the existing ranchstyle home or a new home constructed on the property. (P) 3. The landing strip shall only be operated so long as it is owned by a member of the Sowers family (being Doug and Susan Sowers and their descendants and blood relatives) or it is owned by an entity owned by a member of the Sowers Family. (P) 4. Third party users are limited to family, friends and guests of the owner of the landing strip. (P) 5. The landing strip shall only be operated as a private landing strip. No fee shall be charge for usage. Passenger ���•••/// pickup by a commercial company is limited to the Sowers family and third party users as defined in Condition 4.(P) 6. The maximum number of aircraft permanently stored on the property shall not exceed two (2). (P) 7. The maximum number of aircraft parked on the property at one time shall not exceed three (3). (P) 22-151 2/23/2022 8. The location of the private landing strip will be in general conformance with Exhibit A. The maximum length of the private landing strip shall be 2,750 feet. (P) 9. The location of the private landing strip shall not be within 350 feet of the property's frontage along County Line Road. The location of the private landing strip shall not be within 350 feet of the property's frontage along Hallsboro Road. The location of the private landing strip shall not be within 1,000 feet of the centerline of the intersection of County Line Road and Hallsboro Road. The location of the private landing strip shall not be within 900 feet of the centerline of the railroad tracks located along the southern end of the property. (P) 10. Take offs and landings shall not occur before 7 a.m. and an hour after sunset. (P) 11. Excluding the first three (3) months after the private landing strip is constructed and put into use, takeoffs and landings will be limited to six (6) takeoffs and six (6) landings per day. There shall be no touch-and-go landings after the first three (3) months. (P) 12. Safety equipment such as tie downs for the aircraft, fire extinguisher and first aid kit will be maintained on site. (P) 13. The structure identified as "to be removed" on Exhibit H shall be removed with the construction of the private landing strip. (P) 14. Aircraft that weigh more than 12,500 pounds shall not use the landing strip. (P) 15. Any above ground storage tank storing aviation fuel shall have an automatic shut-off. (P) 16. Any alteration to the property lines, other than a family subdivision, right-of-way dedication or condemnation, will void this conditional use. (P) 17. Super Silt Fence, or an alternative as approved by the Department of Environmental Engineering, shall be provided as a perimeter control in locations where standard silt fence would have been required. (EE) 18. Sediment traps and sediment basins sized at least 25 percent larger than the minimum Virginia Erosion and Sediment Control Handbook's standard shall be provided. (EE) 19. Anionic PAM, Flexible Growth Medium and/or a County - approved equivalent shall be applied to denuded areas during construction and at final stabilization in the locations shown on plans approved by Environmental Engineering at the time of plans review. (EE) Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 22-152 2/23/2022 17. PUBLIC HEARINGS 17.A. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF RIGHT OF WAY AND EASEMENTS FOR THE OTTERDALE ROAD DRAINAGE PROJECT - BLACKMAN CREEK CROSSING Mr. Brent Epps, Director of Transportation, stated this date and time has been advertised for a public hearing for the Board to consider the exercise of eminent domain for the acquisition of right of way and easements for the Otterdale Road Drainage Project - Blackman Creek Crossing. He further stated staff has reached a negotiated settlement with the property owners, and the public hearing would not be necessary. In response to Mr. Carroll's question relative to the start date for the projects, Mr. Epps stated the road would be closed March 14, 2022. He further stated the clearing of trees and relocation of utilities has started at that crossing, and Horsepen Creek is the first one to start. He stated Otterdale Road will be closed March 14th, and signs are up. 17.B. TO CONSIDER COMPREHENSIVE PLAN AMENDMENT RELATIVE TO THE COUNTY THOROUGHFARE PLAN - HENRICUS PARK ACCESS ROAD Mr. Winslow stated the public hearing to consider a Comprehensive Plan amendment relative to the County Thoroughfare Plan for the Henricus Park Access Road could not be conducted due to an error in the newspaper advertisement and, accordingly, the public hearing would need to be deferred. He further stated the only matter to be considered was on what date the public hearing would be held. He then called for public comment on setting a new date for the public hearing. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Haley, seconded by Mr. Ingle, the Board voted to defer the public hearing to Consider Comprehensive Plan Amendment Relative to the County Thoroughfare Plan - Henricus Park Access Road to its regularly scheduled meeting on April 27, 2022. Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. 18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining manufactured home permits and zoning requests. 19. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time 22-153 2/23/2022 20. ADJOURNMENT On motion of Ms. Haley, seconded by Mr. Holland, the Board adjourned at 7:33 p.m. until March 9, 2022, at 12:00 noon for a work session to be held in the Public Meeting Room. Ayes: Winslow, Haley, Ingle, Holland and Carroll. Nays: None. Christopher M. Winslow Chairman 22-154 2/23/2022 > O O is D V � pip C L O v w Y C N y z z o 0 o — T a Y m a« °c° 10 T c° o o w m o n m m T « o E E �'? i 0 i m a J D m C O O H « W � E 1O N - Z \ C 5 C O N w S ° N « o� a o� N t 3 « u x 0 N n o � C � r v ,.. 4. 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