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2015-03-11 PacketL e 014LWA �~ BOARD OF SUPERVISORS Page 1 of 1 `? AGENDA Meeting Date: March 11, 2015 Item Number: 2.A. Subiect: County Administrator's Comments County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: The County Administrator will update the Board on the progress of various projects as requested by the Board of Supervisors. Preparer: Louis G. Lassiter Attachments: 0 Yes Title: Assistant Countv Administrator I. ul County Administrator's Top 40's List Critical Projects/Activities 1. ARWA Water Capacity Project 2. Eastern Midlothian Re -development - Chippenham Square - Spring Rock - Stonebridge (future phases) - Streetscaping (future phases) 3. Irrigation Policies/Demand Management for Water Use 4. Magnolia Green CDA 5. River City Sportsplex 6. Utilities Policies and Managed Growth Ongoing Projects/Activities 1. Airport Master Plan 2. Animal Shelter Needs Assessment 3. Bikeway and Trails Plan 4. Capital Improvement Program - Referendum Projects Implementation 5. Capital Regional Collaborative Focus Group(s) 6. Cash Proffers 7. Chesterfield Avenue Enhancements Future Phases 8. Chesterfield Arts Center 9. Citizen Budget Advisory Committee 10. Citizen Satisfaction Survey 2014 11. Countywide Comprehensive Plan Implementation 12. Enterprise Risk Management 13. Ettrick/VSU Area Plan 14. Five Story/Three Story Building Renovations 15. High Speed Rail/Ettrick Train Station 16. Jefferson Davis Streetscape Project- Phase II 17. Joint Meetings of Board of Supervisors/School Board 18. Revitalization Work/Schools 2013 Referendum Projects 19. RRPDC - Large Jurisdiction Committee 20. Secondary Road Maintenance Funding 21. Smith/Wagner Building 22. Sports Tourism Plan Implementation 23. Storm Water Management III. Completed Projects/Activities 1. Airport Entrance Improvements - 7/2012 2. Animal Welfare Team - 7/2012 3. Board's Appointments Process - 8/2008 1 Updated 3-4-2015 2 County Administrator's Top 40's List 4. Bow Hunting Restrictions - 2/24/2010 5. Business Climate Survey - 7/2008 6. Business Climate Survey - 4/2010 7. Business Fee Holiday (Extension) - 9/2010 8. CBLAB Discussions -12/2009 9. Census 2010/Redistricting - 6/2011 10. Checkbook On -Line -11/2014 11. Chesterfield Avenue Enhancements Phase 1 - 5/2011 12. Citizen GIS - 5/2010 13. Citizen Satisfaction Survey - 2008/2010/2012 14. Community Risk Analysis/Emergency Service Coverage -1/2014 15. Comprehensive Plan Adoption -10/2012 16. Coliseum Project - 2/2014 17. COPS Grants 18. Crystal Lakes Townhomes - 6/2014 19. DCR Erosion & Sediment Control Program - 3/11/11 20. Eastern Midlothian Re -development - Stonebridge (Phase 1) - Groundbreaking 10/25/11 - Streetscaping (Phase 1) - 12/2011 21. Efficiency Studies - Fire Department and Fleet Management - 6/2008 22. Efficiency Study - Quality/Chesterfield University Consolidation - 7/2009 23. Electronic Message Centers - 9/2011 24. Electronic Signs -1/2010 25. Board's Emergency Notification Process 26. Employee Health Benefits - Contract Rebid - 8/2011 27. Federal Stimulus Package - 4/2013 - Energy Block Grant - Economic Development - Police Department 28. Financial/Budget Issues - Adoption of 2014 Budget - 4/2014 - Adoption of County CIP - 4/2014 - Adoption of School CIP - 4/2014 - Bond Issue/Refinancing - AAA Ratings Retained 29. 457 Deferred Comp Plan (Approved) 30. GRTC Service - Funded for FY14 31. Hydrilla Issue 32. Hosting of Hopewell Website 33. Impact Fees for Roads - 9/2008 34. In Focus Implementation - Phase I - 8/2008 35. In -Focus Implementation - Phase II (Payroll/HR) -12/2009 36. Insurance Service Upgrade (ISO) for Fire Department - 9/2009 37. Jefferson Davis Streetscape Project - Phase I - 5/2010 38. Leadership Exchange Visits with City of Richmond 39. 2015 Legislative Program 40. Low Impact Development Standards 2 Updated 3-4-2015 County Administrator's Top 40's List 41. Mass Grading Ordinance (canceled) 42. Meadowdale Library -11/2008 43. Meadowville Interchange - Ribbon Cutting 12/15/2011 44. Midlothian Turnpike/Courthouse Road Streetscape Improvements (Towne Center) 45. Minor League Baseball (new team) - 2/2010 46. Multi -Cultural Commission (Quarterly Reports due to Board) -11/2008 47. Planning Fee Structure (General Increases) - 6/2009 48. Planning Fee Structure (Reductions for In -Home Businesses) -1/2009 49. Planning Fees (Holiday for Commercial Projects) - 8/2009 50. Police Chase Policy (Regional) - 5/2010 51. Postal Zip Codes - Changes approved 4/2011, USPS date of implementation 6/2011 52. Potential Legislation - Impact Fees/Cash Proffers -1/2009 53. Property Maintenance - Proactive Zoning Code Enforcement (countywide) - 2/2009 54. Property Maintenance - Rental Inspection Program 55. Public Safety Pay Plans Implemented (Phase I) - 9/2008 56. Recycling Committee Recommendations 57. Redistricting 2011 Calendar/Process Report 58. Regional Workforce Investment Initiative 59. Results of Operations -11/19/2010 and 11/2011 60. RMA - Legislation - 2014 - 3/2014 61. Sign Ordinance 62. Southwest Corridor Water Line - Phase I - 7/2008 63. Sports Tourism Plan -1/2010 64. Sports Tourism Program with Metropolitan Richmond Sports Backers - 8/2009 65. Streetlight Policy -12/1/10 66. Total Maximum Daily Load (TMDL) Presentation to Board - 2/2014 67. Ukrops Kicker Complex - soccer fields - Opened 8/2009 68. Upper Swift Creek Plan (Adopted) - 6/2008 69. Upper Swift Creek Water Quality Ordinances 70. VDOT Subdivision Street Acceptance Requirements - 7/2009 71. VRS Benefits for New Employees - 7/2010 72. Walk Through Building Permit Process -10/2009 73. Water Issues/Restrictions 74. Website Redesign - 6/2009 75. Wind Energy Systems - 3/10/2010 76. Wireless Internet Access in County Facilities - 9/2008 77. Watkins Centre 78. Woolridge Road Reservoir Crossing Project - 5/2010 79. Ukrops Kicker Comples/GRAD Swimming Pool - Stratton Property - Pool opening March, 2012 01 X00 - Updated 3-4-2015 CHESTERFIELD COUNTY tCs' BOARD OF SUPERVISORS Page 1 of 1 RUN AGENDA Meeting Date: March 11, 2015 Item Number: 23. Subiect: Model County Government Program County Administrator's Comments: County Administrator: Board Action Requested: Recognize the young people and the teacher sponsors who are participating in Model County Government. Summary of Information: Each year, Chesterfield County Public Schools, Chesterfield Youth Planning and Development and Chesterfield Cooperative Extension host the Model County Government program for high-school government students. The high-school students participating in the program will have a first-hand look at our local government. In addition to attending the board meeting, students also attend the School Board Southside Region Spring Network Forum, and each student shadows a county or school leader. Youth Planning and Development, the Schools' Instructional Specialist for Social Studies, and Chesterfield Cooperative Extension have partnered to support this year's program. Preparer:. Jana D. Carter Title: Director, Juvenile Services Attachments: 7 Yes 0 No Goo CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: March 11, 2015 Item Number: 5.A. Subiect: Resolution Recognizing Virginia State University on the Occasion of the 133rd Anniversary of Its Founding County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: Mr. Holland and Mr. Elswick requested that the Board of Supervisors recognize Virginia State University. Preparer: Sheryl Bailey, Ph.D. Title: Deputy County Administrator Attachments: 0 Yes F-1 No RECOGNIZING VIRGINIA STATE UNIVERSITY ON THE OCCASION OF THE 133RD ANNIVERSARY OF ITS FOUNDING WHEREAS, Chesterfield County recognizes that a college education is an important method of increasing the skill, opportunity, and quality of life for our citizens; and WHEREAS, Chesterfield County is fortunate to have the historic Virginia State University located within its borders; and WHEREAS, Historically Black Colleges and Universities (HBCUs) have had an incredible impact on our nation, providing a means of education and opportunity to the African-American community when such opportunities were otherwise unavailable; and WHEREAS, founded as the Virginia Normal and Collegiate Institute, Virginia State University was the first, fully state -supported, institution of higher learning for African-American students in the United States; and WHEREAS, Virginia State University was established on March 6, 1882, and in 2015 celebrates the 133rd anniversary of its founding this month; and WHEREAS, as one of Virginia's two land-grant institutions, Virginia State University has a 416 -acre agricultural research facility in addition to its 216 -acre academic campus, which includes many classroom buildings, residence halls and other facilities; and WHEREAS, over its history, Virginia State University has provided a quality education to many tens of thousands of students; and WHEREAS, Virginia State University remains committed to providing access to a quality education for a multitude of people; and WHEREAS, students at Virginia State University may major in up to 50 academic disciplines, earning degrees at the bachelor's, master's, and doctoral levels; and WHEREAS, in addition to its stellar academic commitment, Virginia State University has worked to build strong, community -minded citizens; and WHEREAS, the teamwork and dedication of VSU's student -athletes was recently shown through the achievements of 2014-2015 Central Intercollegiate Athletic Association championships in Football and Women's Basketball, with the football team advancing to the second round of the NCAA Division II playoffs for the first time in school history; and WHEREAS, graduates of Virginia State University have been well- known for their dedication to the community and public service, many rising to important leadership roles in government, community involvement/ / or private industry; and 0 C 0 y 3 01�J WHEREAS, Virginia State University has been a close friend to Chesterfield County for many decades, acting as a stalwart partner in the mutual service of our community and its citizens; and WHEREAS, Chesterfield County is very proud of the presence of Virginia State University within our county and greatly values our relationship with this exceptional institution of higher learning. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 11th day of March 2015, recognizes and thanks Virginia State University on the occasion of the anniversary of its founding; commends the past and present faculty and administration on the many exemplary accomplishments of the university; and extends best wishes to VSU and its students, faculty and staff for continued success. ' () w 0 3 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meetinq Date: March 11, 2015 Item Number: 6.A. Subiect: Work Session on the County Administrator's Proposed FY2016 Budget County Administrator's Comments: County Administrator: J0 Board Action Requested: Hold a work session on the County Administrator's Proposed FY2016 Budget. Summary of Information: This time has been set to continue work sessions on the County Administrator's Proposed FY2016 Budget. This work session will include presentations by Human Services and Community Development. Budget work sessions will continue on March 25th. A final work session is scheduled for April 15th. At the April 15th work session, changes to the proposed budget will be reviewed prior to adoption. Preparer: Allan M. Carmody Title: Director, Budget and Management Attachments: 0 Yes El No 3/5/2015 ell ICI () 13 Year to Year Changes Baseline Adjustments ~ Salaries, hea|thoare, position transfer toOO 5-yemrPlan Items ^ Reams Gordon/North Courthouse Road Library Operating ^ Library materials Other Adjustments ^ Contract increases / ^ School fees for Parks and Recreation ~ ^ Gap funding for Access Chesterfield Transportation Program � FY2015Budgot $87'305'700 Items from the 5 -year Plan $650,000 Other Priorities (Amuooa,school fees, $147,000 1% Merit and Healthcare Adjustments $731,300 PnzgrmmmaticReduotiono/Snvingm ($427,600) Total $88,406,400 ' ^ 3/5/2015 2 Division i i t • Opening of Galloway Place Division i li t Sports Tourism 3/5/2015 3 Division Highlights • Reams Gordon/North Courthouse Road Library Division Highlights • Community Partnership/Collaborations 3/5/2015 Division Highlights • Utilization of Volunteers Division Highlights • Participation in National, State and Regional Studies Resulting in increased use of best practices m 3/5/2015 3/5/2015 ......... .. . .. . . . . . s ervk,6�,,, 3/5/2015 - Age Wave Initiative . . . . . . . . . . . . . . . . . . . . A e Wave • Community Center - Special Emphasis on Senior Programming M 3/5/2015 7 Area of Focus • Increased demand for services/workloads Medical Assistance Cases Average Number of Active Cases Per Month *FY2015 thru December 25,000 20,000 Cz Cz Q 0 15,000 E 10,000 5,000 0 FY2012 FY2013 FY2014 80.0 70.0 60.0 50.0 gry 40.0 25 30.0 20.0 16.0 0.0 FY2015- Area of Focus • High employee turnover FY14 Annual Turnover Report (July 2013 -June 2014) Number of FTE's FY14 FY13 Separations HUMAN SERVICES Youth Planning and Development 1 4 25.00% 0.00% Social Services 37 162 22.80% 23.40% Community Corrections Services 7 39 17.907. 4.90% Health 7 44 15.90% 11.905, Library 9 59 15.307. 12.10% MHSS 41 352 11.60% 11.10% Parks and Recreation 10 106 9,407. 5.50% Juvenile Detention Home 5 64 7.80% 13.10% Adolescent Reporting Program 0 3 0.00'7 0,00% Extension Services 0 3 0,0017 33.30% Human Services Admin. 0 8 0.00% 0.00% Juvenile & Domestic Relations Court 0 1 0.00% 0.00% Juvenile Probation / Drug Court 0 4 0.00% 0.00% TOTALS (Averages) 117 849 118% 12.5% w M 3/5/2015 M Department/Program Description of Reques Access Chesterfield Clerical Support Cooperative Extension Convert pTMaster Gardener Coordinator mFTE Library Restore Library Public Service Hours Library Seasonal Operating Hours Parks and Recreation pTStaff hvOversee Special Events Providing aFTE Completely Dedicated toSports Tourism Senior Advocate PTProgram Assistant Social Services Additional Program Support toAdminister Medicaid Applications and Renewals Social Services FTE for Community Partnership Coordinator IN 3/5/2015 9 3/5/2015 V -1 v 10 Community Development Divisi0r1 FY2016 Budget Overview FY2015 Expenditures FY2016 Expenditures Operating $64,156,000 $64,761,000 CIP 70,450,000 55,360,700 Capital 670,000 893,800 Total $135,276,000 $121,015,500 G p, 10 'Zi Z-100 FY2015 Budget 17,804,100 5 -year Plan Items 25,000 Other Priorities 160,900 1% Merit and Healthcare Adjustments 205,900 Programmatic Reductions/Savings (95,000) Miscellaneous Adjustments 124,000 FY2016 Total $18,224,900 Water Quality • Implement Local VSMP • MS -4 Permit Issued Emphasis on Economic Development 11111 piq • Bikeways and Trail Plan • Ettrick Special Area Plan • Bon Air Special Area Plan • Ongoing work in revitalization 1 113 Z-012 • Outlined revitalization strategy • Coordinating existing resources • Collaboration with schools • Utilities confirmed by Fitch Ratings - AAA • Comprehensive Water and Sewer Revitalization • Aggressive road construction projects — Routes 60 & 360, F;; -,t Ri\/Pr Rnad Continued Support of Existing & Small Businesses • Small business focus group and report • Enterprise Zone Conversion VENDOR • My Business Starts Here INFO � �31 Businesses New jobs Investment Jefferson Davis 1,104 5,635 $620M Walthall 593 6,967 $790M 1311 '.pq gp F 0115 RA 3 I U/N. FEE/ I ISO Ill pq Illir", 113��Fffllt IT UA =W t • Compliance a key effort • Environmental revitalization • Continued support of development community Annual Project Cost $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 F� F� F� F� 1�0 F� F� F� lz� F� F� lz� lz� F � • Revitalization efforts concentrated around schools • Support of public safety efforts • Northern Jeff Davis Special Area Plan • Rebirth of Ettrick — University Town F1 I Continued Emphasis on High Quality Infrastructure • High quality product = Value • Revitalization of infrastructure • Safe roads, buildings and communities • Commitment and dedication • High work ethic • After hours community meetings and emergencies • Development indicators poised for growth • Focus on growing and improving Chesterfield FY2016 Initiatives Increasing Small Business Emphasis Implementation • TMDL Revitalization Program Maintaining High Quality Infrastructure Recognizing and Supporting Our Employees FY2015 Expenditures FY2016 Expenditures $17,804,100 $18,224,900 FY2015 Expenditures FY2016 Expenditures $135,276,000 $121,015,500 Community Development FY2016 Budget Overview CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 AGENDA Meeting Date: March 11, 2015 Item Number: 8.A.1. Subiect: Nomination/Appointment to the Camp Baker Management Board County Administrator's Comments: County Administrator: Nominate/appoint Mr. Patrick Knightly to serve on the Camp Baker Management Board. Summary of Information: The Camp Baker Management Board has the responsibility of overseeing and monitoring the operation of Camp Baker. The position representing the Midlothian Magisterial District has been vacant since April 30, 2014. One application was received for this position. Mr. Patrick Knightly is a resident of the Midlothian District and has served on many other non-profit boards. He will bring many valuable assets, including organizational management and fundraising skills to the Camp Baker Management Board. Mr. Knightly is willing to serve a three-year term should the Board of Supervisors so choose. The Camp Baker Management Board concurs with the appointment of Mr. Knightly. The term would be effective May 1, 2015, through April 30, 2018. Under the existing Rules of Procedure, appointments to board and committees are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. Preparer: Debbie Burcham Title: Executive Director, Community Services Board Attachments: Flyes 0 No # Is]: kit IrA 'AltA _0 Page 1 of 2 Meeting Date: March 11, 2015 Item Number: 8.B. Subiect: Streetlight Cost Approval County Administrator's Comments: County Administrator: r Board Action Requested: This item requests Board approval of a streetlight installation and authorization to transfer of District Improvement Funds to Streetlights to fund this project. Summary of Information: Requests for streetlights from individual citizens or civic groups are received by the Department of Environmental Engineering. Staff requests cost quotations from Dominion Virginia Power for each request received. When the quotations are received, staff re-examines each request and presents them at the next available regular meeting of the Board of Supervisors for consideration. Staff provides the Board with an evaluation of each request based on the following criteria: 1. Streetlights should be located at intersections; and 2. A petition is required which must be signed by 75 percent of the residents within 200 feet of the proposed light and shall include a majority of the homeowners living at the proposed locations. Preparer: Scott B Smedley Attachments: 0 Yes Title: Director, Environmental Engineering F-1 No # 000029 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (Continued) Cost quotations from Dominion Virginia Power are valid for a period of 60 days. The Board, upon presentation of the cost quotation, may approve, defer, or deny the expenditure of funds from available District Improvement Funds for the streetlight installation. If the expenditure is approved, staff authorizes Dominion Virginia Power to install the streetlight. A denial of a project would result in its cancellation and the District Improvement Fund would be charged the design cost shown; staff will notify the requestor of the denial. Projects cannot be deferred for more than 30 days due to quotation expiration. Quotation expiration has the same effect as a denial. MATOACA DISTRICT: • At the pedestrian crossing on Woodpecker Road adjacent to the Virginia State University student apartments. Cost to install streetlight: $4,636.26 (Design Cost: $700.00) For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. STREETLIGHT REQUEST Matoaca District Request Received: May, 14, 2013 Estimate Received: February 25, 2015 Estimate Requested: May, 14, 2013 Days Estimate Outstanding: 652 NAME OF REQUESTOR: Chesterfield County Department of Transportation ADDRESS: REQUESTED LOCATION: At the pedestrian crosswalk on Woodpecker Road adjacent to the Virginia State University student apartments Cost to install streetlight: $4,636.26 POLICY CRITERIA: Intersection: Location is not an intersection Petition: Qualified Staff Comments: Numerous complaints have been received regarding the difficulty in seeing pedestrians crossing Woodpecker Road between the apartment complex and the nearby shopping center. This has become a safety issue. VDOT has installed signage and crossing markings to assist in identifying the crossing area, but there is no direct lighting for the area. 5 Streetlight Request Map March 11, 2015 "N 1. FOUNDATION PLACE RD 2. J MITCHELL JONES DR \ i z O0 ��cL ,i Cy�S7 PZ l �} CHESTERFIELD AVE This map is a copyrighted product of N This reap shows citizen requested the Chesterfield County GIS Office. streetlight installations in relation to existing streetlights. Streetlight Legend Existing streetlight information was existing light obtained from the Chesterfield County Enviromnental Engineering Department. requested light 0 500 1,000 2,000 Feet CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: March 11, 2015 Item Number: 8.C.1.a. Subiect: Resolution Recognizing Dawn E. Sperry, Firefighter II, Fire and Emergency Medical Services Department, For Her Retirement County Administrator's Comments: County Administrator: Adoption of attached resolution. Summary of Information: Dawn E. Sperry, Firefighter II, retired from the Fire and Emergency Medical Services Department on July 1, 2014, after providing 25 years of service to the residents of Chesterfield County. Preparer: Edward L. Senter Jr. Title: Fire Chief Attachments: 0 Yes F-1 No #ID RECOGNIZING DAWN E. SPERRY, FIREFIGHTER II, UPON HER RETIREMENT WHEREAS, Firefighter Dawn E. Sperry retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on July 1, 2014; and WHEREAS, Firefighter Sperry has faithfully served the citizens of Chesterfield County for 25 years in Public Safety; and WHEREAS, Firefighter Sperry began her career with Chesterfield County in July 1989 as a dispatcher in the Emergency Communications Center; and WHEREAS, Firefighter Sperry attended the 20th Basic Police Academy in 1990, and served in the Uniformed Patrol Division; and WHEREAS, Firefighter Sperry completed the Field Training Officer Program in 1995, and served as the Field Training Officer for the 27th and 28th Basic Police Academies; and WHEREAS, Firefighter Sperry received a Police Chief's Commendation Award in 1998 for her diligent work while serving as a member of the Fugitive/Warrant Task Force; and WHEREAS, Firefighter Sperry became a Commonwealth of Virginia Department of Criminal Justice Services General Instructor in 1999; and WHEREAS, Firefighter Sperry transferred to the Fire and EMS Department and attended Fire Recruit School #28 in September 1999; and WHEREAS, Firefighter Sperry served in various assignments as a firefighter at the Reams Road, Clover Hill, Dutch Gap, Wagstaff, Swift Creek, and Winterpock Fire and EMS Stations; and WHEREAS, Firefighter Sperry also served in the Emergency Operations staffing office, the Technical Services Unit, and the Training and Education Division; and WHEREAS, Firefighter Sperry was recognized with an EMS Unit Citation for her actions on October 3, 2003, while assisting on scene of a severe vehicle accident resulting in extrication and patient care; and WHEREAS, Firefighter Sperry advanced in the Career Development Program as a firefighter specialist in 2006; and WHEREAS, Firefighter Sperry was certified as an Emergency Medical Technician - Cardiac Technician in 2008, and as a National Registered Emergency Medical Technician - Paramedic in 2010. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Dawn E. Sperry, Firefighter II, expresses the appreciation of all residents for her service to the county, and extends appreciation for her dedicated service and congratulations upon her retirement. 000-034 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: March 11, 2015 Item Number: 8.C.1.b. Subject: Resolution Recognizing Jeffrey A. Cox, Firefighter I, Fire and Emergency Medical Services Department, Upon His Retirement County Administrator's Comments: County Administrator: Adoption of attached resolution. Summary of Information: Jeffrey A. Cox, Firefighter II, retired from the Fire and Emergency Medical Services Department on January 1, 2015, after providing over 32 years of service to the residents of Chesterfield County. Preparer: Edward L. Senter Jr. Title: Fire Chief Attachments: 0 Yes F-1No # RECOGNIZING FIREFIGHTER JEFFREY A. COX UPON HIS RETIREMENT WHEREAS, Firefighter Jeffrey A. Cox retired from the Chesterfield County Fire and Emergency Medical Services Department, Chesterfield County, on January 1, 2015; and WHEREAS, Firefighter Cox served as a volunteer firefighter at the Enon Volunteer Fire and EMS Station from 1976 through 1988; and WHEREAS, Firefighter Cox began his career in August 1982, with the Chesterfield County Sheriff's Office serving as a jailor, dispatcher, courtroom security, and transportation; and WHEREAS, Firefighter Cox attended Chesterfield Fire and Emergency Medical Services Recruit School #19 in October 1988, and has faithfully served the department for over 26 years in various assignments as a firefighter, at the Bensley, Ettrick, Dutch Gap, Enon, and Rivers Bend Fire and EMS Stations; and WHEREAS, Firefighter Cox was recognized throughout his career for his ethics, character, attention to detail, commitment, and his professionalism; and WHEREAS, Firefighter Cox has assisted in the development of his fellow firefighters and served the department on the Patient Care Reporting Workgroup, as a super -user with the EMS reporting software, and as a member of the department's Emergency Operations Center Response Team; and WHEREAS, Firefighter Cox was recognized with multiple awards during his career, including a Unit Citation in 1994 for his role in the removal of a victim who had fallen 75 feet inside a smoke stack at the Dutch Gap Power Station; two EMS Unit Citations for his role in saving the lives of two patients in cardiac arrest in October 1996 and November 1996; a Unit Citation for his actions in response to a vehicle driven into a retention pond in 2006, and he was also instrumental in saving the life of a patient in cardiac arrest in September 2014. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contribution of Jeffrey A. Cox, Firefighter I, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. '19. Page 1 of 1 Meeting Date: March 11, 2015 Item Number: &C.1.c. Subject: Resolution Recognizing Roger D. Fields, Firefighter III, Fire and Emergency Medical Services Department, Upon His Retirement County Administrator's Comments: nA County Administrator: Board Action Request Adoption of attached resolution. Summary of Information: Roger D. Fields, Firefighter III, retired from the Fire and Emergency Medical Services Department on January 1, 2015, after providing over 18 years of service to the residents of Chesterfield County. Preparer: Edward L. Senter Jr. Attachments: 0 Yes Title: Fire Chief F-1 No # 000037 RECOGNIZING ROGER D. FIELDS, FIREFIGHTER III, FOR HIS RETIREMENT WHEREAS, Firefighter Roger "Dale" Fields retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on January 1, 2015; and WHEREAS, Firefighter Fields has faithfully served the residents of Chesterfield County for over 18 years in Public Safety; and WHEREAS, Firefighter Fields attended Recruit School #26 in 1996, and has served in various assignments as a firefighter at the Bensley, Dale, and Dutch Gap Fire and EMS Stations; and WHEREAS, Firefighter Fields was awarded a Unit Citation for teamwork involving aggressive fire attack, search and successful rescue efforts of a family trapped in a house fire in December 1996; and WHEREAS, Firefighter Fields was awarded a Unit Citation for his involvement in the successful rescue of two children who were trapped in a house fire in April 1997; and WHEREAS, Firefighter Fields was awarded a Unit Citation and Lifesave Award for the successful rescue of a family of six, trapped in an apartment fire in April 2011; and WHEREAS, Firefighter Fields received the Chesterfield Fire and Emergency Medical Services Medal of Valor, Fire House Magazine Medal of Valor, and a Life Save Award, for his off-duty actions, in the successful rescue of a citizen who had jumped into the James River and was having trouble swimming after his boat became heavily involved in fire; after assisting this victim to the shore, he then made numerous free dives in an attempt to find a second victim who had gone below the surface of water, marked the last scene location of the second victim for the responding SCUBA Rescue Team, and assisted them with a quick recovery in July 2012; and WHEREAS, Firefighter Fields was named the Firefighter of the Year for 2012; and WHEREAS, Firefighter Fields received the Fire Chief's Award for his selfless actions in May 2013 when he offered his off-duty time and used his personal boat to help a citizen retrieve his boat; Firefighter Fields was one of the firefighters who had responded to the distress call the night before when this citizen's boat had run aground in the middle of the night, and he returned to Dutch Gap Boat Landing the next day to assist the citizen in retrieving his boat; and WHEREAS, Firefighter Fields received a Bronze Valor Award from the Retail Merchants Association, and Lifesave Award for his involvement in the extrication of a victim trapped in an overturned gasoline tanker truck that was leaking gasoline, at a rate of more than 100 gallons a minute around the cab of the truck in July 2013; and WHEREAS, Firefighter Fields served as a member of the Technical Rescue Team, and the Peer Support Team for ten years; and NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board, of Supervisors recognizes the contributions of Roger D. Fields, Firefighter III, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. 0000438 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: March 11, 2015 Item Number: 8.C.1.d. Subiect: Resolution Recognizing Mrs. Peggy Chandler, Social Services Department, Upon Her Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Mrs. Peggy Chandler retired from the Chesterfield -Colonial Heights Department of Social Services on December 31, 2014, after 17 years of dedicated service. Preparer: Marsha Sharpe Title: Director of Social Services Attachments: 0 Yes FINo RECOGNIZING MRS. PEGGY G. CHANDLER UPON HER RETIREMENT WHEREAS, Mrs. Peggy G. Chandler began her career in the Virginia Social Services system in the City of Petersburg in August 1995 as an Eligibility Worker; and WHEREAS, Mrs. Chandler was hired as an Eligibility Worker by the Chesterfield -Colonial Heights Department of Social Services on November 17, 1997; and WHEREAS, in May 2006, Mrs. Chandler was promoted to Social Worker; and WHEREAS, Mrs. Chandler had considerable knowledge of public assistance programs, including the Supplemental Nutrition Assistance Program, Medicaid and Child Care, and she utilized this knowledge to provide timely and accurate benefits to the citizens of Chesterfield and Colonial Heights; and WHEREAS, Mrs. Chandler served on several department committees; and WHEREAS, Mrs. Chandler received her certification in Total Quality Improvement from Chesterfield University in 2005, and applied her knowledge to make process improvements; and WHEREAS, Mrs. Chandler served as Shelter Team Manager from 2004 to 2005; and WHEREAS, Mrs. Chandler assisted in providing disaster Food Stamps to over 5,000 citizens following Hurricane Isabelle; and WHEREAS, Mrs. Chandler consistently demonstrated flexibility and willingness to meet the needs of her team throughout her tenure in the department; and WHEREAS, Mrs. Chandler has demonstrated dedication and commitment to serving the citizens of Chesterfield County and the City of Colonial Heights. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mrs. Peggy G. Chandler, expresses the appreciation of all residents for her service to the County and the City of Colonial Heights and extends congratulations upon her retirement, as well as best wishes for a long and happy retirement. CHESTERFIELD COUNTY y BOARD OF SUPERVISORS 1789 AGENDA Page 1 of 1 Meeting Date: March 11, 2015 Item Number: 8.C.2. Subiect: Approval of a Memorandum of Understanding Between the Chesterfield County Police Department and Federal Bureau of Investigations (FBI) County Administrator's Comments: County Administrator: Authorize the Chief of Police to execute the Memorandum of Understanding with the Federal Bureau of Investigations on behalf of the Chesterfield County Police Department. Summary of Information: This Memorandum of Understanding is entered into between the Chesterfield County Police Department and the Federal Bureau of Investigations for the purpose of providing a Detective that will participate in the Central Virginia Violent Crimes Safe Streets Task Force (CWC SSTF) on a part-time basis. Preparer: Thierry G. Dupuis Title: Chief of Police Attachments: 0 Yes F-1 No b'0:0041 FOR OFFICIAL USE ONLY FEDERAL BUREAU OF INVESTIGATION CENTRAL VIRGINIA VIOLENT CRIMES SAFE STREETS TASK FORCE MEMORANDUM OF UNDERSTANDING PARTIES 1. This Memorandum of Understanding (MOU) is entered into by and between the Federal Bureau of Investigation (FBI) and the Chesterfield County, Virginia Police Department (CCPD). Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between these agencies. AUTHORITIES 2. Authority for the FBI to enter into this agreement can be found at Title 28, United States Code (U.S.C.), Section (§) 533; 42 U.S.-C. § 3771; Title 28, Code of Federal Regulations (C.F.R.), § 0.85; and applicable United States Attorney General's Guidelines, PURPOSE 3. The purpose of this MOU is to delineate the responsibilities of Central Virginia Violent Crimes Safe Streets Task Force (CWC SSTF) personnel, formalize relationships between participating agencies for policy guidance, planning, training, public and media relations;, and maximize inter -agency cooperation. This MOU is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party against the parties, the United States, or the officers, employees, agents, or other associated personnel thereof. MISSION 4. The mission of the SSTF is to identify and target for prosecution criminal enterprise groups and individuals responsible for crimes of violence such as bank robbery, Hobbs Act offenses, extortion, transportation crimes, special jurisdiction matters, and other violent incident crimes, as well as to focus on the apprehension of dangerous fugitives where there is or may be a federal investigative interest. The SSTF will enhance the effectiveness of federal/state/local law enforcement resources through a well -coordinated initiative seeking the most effective investigativelprosecutive avenues by which to convict and incarcerate dangerous offenders. 1 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Hea4uarters. FOR OFFICIAL USE ONLY SUPERVISION AND CONTROL A. Supervision 5. Overall management of the SSTF shall be the shared responsibility of the participating agency heads and/or their designees. 6. The Special Agent in Charge (SAC) of the Richmond Division shall designate one Supervisory Special Agent (SSTF Supervisor) to supervise the SSTF. The SSTF Supervisor may designate a Special Agent to serve as the Safe Streets Task Force Coordinator (Task Force Coordinator). Either the SSTF Supervisor or the Task Force Coordinator shall oversee day-to-day operational and investigative matters pertaining to the SSTF. 7. Conduct undertaken outside the scope of an individual's SSTF duties and assignments under this MOU shall not fall within the oversight responsibility of the SSTF Supervisor or Task Force Coordinator. As stated in paragraph 74, below, neither the United States nor the FBI shall be responsible for such conduct. 8. SSTF personnel will be subject to the laws, regulations, policies, and personnel rules applicable to their respective agencies. FBI employees will continue to adhere to the Bureau's ethical standards, including Department of Justice (DOJ)/FBI regulations relating to outside employment and prepublication review matters, and will remain subject to the Supplemental Standards of Ethical conduct for employees of the DOJ. 9. SSTF personnel will continue to report to their respective agency heads for non- investigative administrative matters not detailed in this MOU. 10. Continued assignment of personnel to the SSTF will be based on performance and at the discretion of appropriate management. The FBI SAC and SSTF Supervisor will also retain discretion to remove any individual from the SSTF. B. Case Assignments 11, The FBI SSTF Supervisor will be responsible for opening, monitoring, directing, and closing SSTF investigations in accordance with existing FBI policy and the applicable United States Attorney General's Guidelines. 12. Assignments of cases to personnel will be based on, but not limited to, experience; training and performance, in addition to the discretion of the SSTF Supervisor. 13. For FBI administrative purposes, SSTF cases will be entered into the relevant FBI computer system. 2 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 14. SSTF personnel will have equal responsibility for each case assigned. SSTF personnel will be responsible for complete investigation from predication to resolution. C. Resource Control 15. The head of each participating agency shall determine the resources to be dedicated by that agency to the SSTF, including personnel, as well as the continued dedication of those resources. The participating agency head or designee shall be kept fully apprised of all investigative developments by his or her subordinates. OPERATIONS A. Investigative Exclusivity 16. It is agreed that matters designated to be handled by the SSTF will not knowingly be, subject to non-SSTF law enforcement efforts by any of the participating agencies. It is incumbent on each agency to make proper internal notification regarding the SSTPs existence and areas of concern. 17. It is agreed that there is to be no unilateral action taken on the part of the FBI or any participating agency relating to SSTF investigations or areas of concern as described in paragraph 3. All law enforcement actions will be coordinated and cooperatively carried out. 18. SSTF investigative leads outside of the geographic areas of responsibility for FBI Richmond Division will be communicated to other FBI offices for appropriate investigation. B. Confidential Human Sources 19. The disclosure of FBI informants, or Confidential Human Sources (CHSs), to non-SSTF personnel will be limited to those situations where it is essential to the effective performance of the SSTF. These disclosures will be consistent with applicable FBI guidelines. 20. Non -FBI SSTF personnel may not make any further disclosure of the identity of an FBI CHS, including to other individuals assigned to the SSTF. No documents which identify, tend to identify, or may indirectly identify an FBI CHS may be released without prior FBI approval. 21. In those instances where a participating agency provides a CHS, the FBI may, at the discretion of the SAC, become solely responsible for the CHS's continued development, operation, and compliance with necessary administrative procedures regarding operation and payment as set forth by the FBI. 3 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 22. The United States Attorney General's Guidelines and FBI policy and procedure for operating FBI CHSs shall apply to all FBI CHSs opened and operated in furtherance of SSTF investigations. Documentation of, and any payments made to, FBI CHSs shall be in accordance with FBI policy and procedure. 23. Operation, documentation, and payment of any CHS opened and operated in furtherance of an SSTF investigation must be in accordance with the United States Attorney General's Guidelines, regardless of whether the handling agency is an FBI SSTF participating agency. Documentation of state, county, or local CHSs opened and operated in furtherance of SSTF investigations shall be maintained at an agreed upon location. C. Reports and Records 24. All investigative reporting will be prepared in compliance with existing FBI policy. Subject to pertinent legal and/or policy restrictions, copies of pertinent documents created by SSTF personnel will be made available for inclusion in the respective investigative agencies' files as appropriate, 25. SSTF reports prepared in cases assigned to SSTF personnel will be maintained at an FBI approved location; original documents will be maintained by the FBI. 26. Records and reports generated in SSTF cases which are opened and assigned by the FBI SSA with designated oversight for investigative and personnel matters will be maintained in the FBI investigative file for SSTF. 27. SSTF investigative records maintained at the Richmond Field Office of the FBI will be available to all SSTF personnel, as well as their supervisory and command staff subject to pertinent legal, administrative and/or policy restrictions. 28. All evidence and original tape recordings (audio and video) acquired by the FBI during the course of the SSTF investigations will be maintained by the FBI. The FBI's rules and policies governing the submission, retrieval and chain of custody will be adhered to by SSTF personnel. 29. All SSTF investigative records will be maintained at an approved FBI location. Placement of all or part of said information into participating agency files rests with the discretion of supervisory personnel of the concerned agencies, subject to SSA approval. 30. Classified information and/or documents containing information that identifies or tends to identify an FBI CHS shall not be placed in the files of participating agencies unless appropriate FBI policy has been satisfied. 31. The Parties acknowledge that this MOU may provide SSTF personnel with access to information about U.S, persons which is protected by the Privacy Act of 1974 and/or 4 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your aggencyy. Neither it nor its contents may be released without authorization by FS! Fleadquarters. am FOR OFFICIAL USE ONLY Executive Order 12333. The Parties expressly agree that all such information will be handled lawfully pursuant to the provisions thereof. The Parties further agree that if this access to information by SSTF personnel requires a change in privacy compliance documents, those changes will be accomplished prior to access being granted. INFORMATION SHARING 32. No information possessed by the FBI, to include information derived from informal communications between SSTF personnel and FBI employees not assigned to the SSTF, may be disseminated by SSTF personnel to non-SSTF personnel without the approval of the SSTF Supervisor and in accordance with the applicable laws and internal regulations, procedures or agreements between the FBI and the participating agencies that would permit the participating agencies to receive that information directly. Likewise, SSTF personnel will not provide any participating agency information to the FBI that is not otherwise available to it unless authorized by appropriate participating agency officials. 33. Each Party that discloses Pill is responsible for making reasonable efforts to ensure that the information disclosed is accurate, complete, timely, and relevant. 34. The FBI is providing access to information from its records with the understanding that in the event the recipient becomes aware of any inaccuracies in the data, the recipient will promptly notify the FBI so that corrective action can be taken. Similarly, if the FBI becomes aware that information it has received pursuant to this MOU its inaccurate, it will notify the contributing Party so that corrective action can be taken. 35. Each Party is responsible for ensuring that information it discloses was not knowingly obtained or maintained in violation of any law or policy applicable to the disclosing Party, and that information is only made available to the receiving Party as may be permitted by laws, regulations, policies, or procedures applicable to the disclosing Party. 36. Each Party will immediately report to the other Party each instance in which data received from the other Party is used; disclosed, or accessed in an unauthorized manner (including any data losses or breaches). 37. The Parties agree that either or both may audit the handling and maintenance of data in electronic and paper recordkeeping systems to ensure that appropriate security and privacy protections are in place. PROSECUTIONS 38. SSTF investigative procedures, whenever practicable, are to conform to the requirements which would allow for either federal or state prosecution. 39. A determination will be made on a case-by-case basis whether the prosecution of SSTF cases will be at the state or leder al level. This determination will be based on. the 5 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY evidence obtained and a consideration of which level of prosecution would be of the greatest benefit to the overall objectives of the SSTF. 40. In the event that a state or local matter is developed that is outside the jurisdiction of the FBI or it is decided to prosecute a SSTF case at the state or local level, the FBI agrees to provide all relevant information to state and local authorities in accordance with all applicable legal limitations. A. Investigative Methods/Evidence 41. For cases assigned to an FBI Special Agent or in which FBI CHSs are utilized, the parties agree to conform to federal standards concerning evidence collection, processing, storage, and electronic surveillance. However, in situations where the investigation will be prosecuted in the State Court where statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by FBI case agents shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 42. In all cases assigned to state, county, or local law enforcement participants, the parties agree to utilize federal standards pertaining to evidence handling and electronic surveillance activities as outlined in the Domestic Investigations and Operations Guide to the greatest extent possible. However, in situations where the statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by state and local law enforcement agencies shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 43. The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and reporting procedures in connection therewith will be consistent with the policies and procedures of the FBI. B. Undercover Operations 44. All SSTF undercover operations will be conducted and reviewed in accordance with FBI guidelines and the Attorney General's Guidelines on Federal Bureau of Investigation Undercover Operations. All participating agencies may be requested to enter into an additional agreement if an employee of the participating agency is assigned duties which require the officer to act in an undercover capacity. USE OF LESS -THAN -LETHAL -DEVICES' 1 Pursuant to Section Vill of the DOJ Less -Than -Lethal Devices Policy dated May 16, 2411, all state/local officers participating in joint task force operations must be made aware of and adhere to the policy and its limits on DOJ officers. 6 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 45. The parent agency of each individual assigned to the SSTF will ensure that while the individual is participating in FBI -led task force operations in the capacity of a task force officer, task force member, or task force participant, the individual will carry only less - lethal devices that the parent agency has issued to the individual, and that the individual has been trained in accordance with the agency's policies and procedures. 46. The parent agency of each individual assigned to the SSTF will ensure that the agency's policies and procedures for use of any less -lethal device that will be carried by the task force officer, task force member, or task force participant are consistent with the DOJ policy statement on the Use of Less -Than -Lethal Devices. DEADLY FORCE AND SHOOTING. INCIDENT POLICIES 47. SSTF personnel will follow their own agencies' policies concerning firearms discharge and use of deadly force. DEPUTATIONS 48. Local and state law enforcement personnel designated to the SSTF, subject to a limited background inquiry, may be sworn as federally deputized Special Deputy United States Marshals, with the FBI securing the required deputation authorization. These deputations should remain in effect throughout the tenure of each investigator's assignment to the SSTF or until the termination of the SSTF, whichever comes first. 49. Deputized SSTF personnel will be subject to the rules and regulations pertaining to such deputation. Administrative and personnel policies imposed by the participating agencies will not be voided by deputation of their respective personnel. VEHICLES 50. In furtherance of this MOU, employees of LEA may be permitted to drive FBI owned or leased vehicles for official SSTF business and only in accordance with applicable FBI rules and regulations, including those outlined in the FBI Government Vehicle Policy Directive (0430D) and the Government Vehicle Policy Implementation Guide (0430PG). The assignment of an FBI owned or leased vehicle to LEA SSTF personnel will require the execution of a separate Vehicle Use Agreement. 51. The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to SSTF business. 52. The FBI and the United States will not be responsible for any tortious act or omission on the part of LEA and/or its employees or for any liability resulting from the use of an FBI owned or leased vehicle utilized by LEA SSTF personnel, except where liability may fall 7 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY under the provisions of the Federal Tort Claims Act (FTCA), as discussed in the Liability Section herein below. 53. The FBI and the United States shall not be responsible for any civil liability arising from the use of an FBI owned or leased vehicle by LEA task force personnel while engaged in any conduct other than their official duties and assignments under this MOU. 54. To the extent permitted by applicable law, LEA agrees to hold harmless the FBI and the United States, for any claim for property damage or personal injury arising from any use of an FBI owned or leased vehicle by LEA SSTF personnel which is outside the scope of their official duties and assignments under this MOU. SALARYIOVERTIME COMPENSATION 55. The FBI and LEA remain responsible for all personnel costs for their SSTF representatives, including salaries, overtime payments and fringe benefits consistent with their respective agency, except as described in paragraph 56 below. 56. Subject to funding availability and legislative authorization, the FBI will reimburse to LEA the cost of overtime worked by non-federal SSTF personnel assigned full-time to SSTF, provided overtime expenses were incurred as a result of SSTF-related duties, and subject to the provisions and limitations set forth in a separate Cost Reimbursement Agreement to be executed in conjunction with this MOU. A separate Cost Reimbursement Agreement must be executed between the FBI and LEA for full-time employee(s) assigned to SSTF, consistent with regulations and policy, prior to any reimbursement by the FBI. Otherwise, overtime shall be compensated in accordance with applicable LEA overtime provisions and shall be subject to the prior approval of appropriate personnel. PROPERTY AND EQUIPMENT 57. Property utilized by the SSTF in connection with authorized investigations and/or operations and in the custody and control and used at the direction of the SSTF, will be maintained in accordance with the policies and procedures of the agency supplying the equipment. Property damaged or destroyed which was utilized by SSTF in connection with authorized investigations and/or operations and is in the custody and control and used at the direction of SSTF, will be the financial responsibility of the agency supplying said property. FUNDING 58, This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather is a basic statement of the understanding between the parties hereto of the tasks and methods for performing the tasks described herein. Unless otherwise agreed in writing, each party shall bear its own costs in relation to this MOU. Expenditures by 8 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY each party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies. The parties expressly acknowledge that the above language in no way implies that Congress will appropriate funds for such expenditures. FORFEITURES 59. The FBI shall be responsible for processing assets seized for federal forfeiture in conjunction with SSTF operations. 60. Asset forfeitures will be conducted in accordance with federal law, and the rules and regulations set forth by the FBI and DOJ. Forfeitures attributable to SSTF investigations may be equitably shared with the agencies participating in the SSTF. DISPUTE RESOLUTION 61. In cases of overlapping .jurisdiction, the participating agencies agree to work in concert to achieve the SSTF's objectives. 62. The participating agencies agree to attempt to resolve any disputes regarding jurisdiction, case assignments, workload, etc., at the field level first before referring the matter to supervisory personnel for resolution. MEDIA RELEASES 63. All media releases and statements will be mutually agreed upon and jointly handled according to FBI and participating agency guidelines. 64. Press releases will conform to DOJ Guidelines regarding press releases. No release will be issued without FBI final approval. SELECTION TO SSTF AND SECURITY CLEARANCES 65. If an LEA candidate for the SSTF will require a security clearance, he or she will be contacted by FBI security personnel to begin the background investigation process prior to the assigned start date. 66. If, for any reason, the FBI determines that an LEA candidate is not qualified or eligible to serve on the SSTF, the participating agency will be so advised and a request will be made for another candidate. 67. Upon being selected, each candidate will receive a comprehensive briefing on FBI field office security policies and procedures. During the briefing, each candidate will execute non -disclosure agreements (SF -312 and FD -868), as may be necessary or required by the FBI. 9 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 000 -' FOR OFFICIAL USE ONLY 68. Before receiving unescorted access to FBI space identified as an open storage facility, SSTF personnel will be required to obtain and maintain a "Top Secret" security clearance. SSTF personnel will not be allowed unescorted access to FBI space unless they have received a Top Secret security clearance. 69. Upon departure from the SSTF, each individual whose assignment to the SSTF is completed will be given a security debriefing and reminded of the provisions contained in the non -disclosure agreement to which he or she previously agreed. LIABILITY 70. The participating agencies acknowledge that this MOU does not alter the applicable law governing civil liability, if any, arising from the conduct of personnel assigned to the SSTF. 71. The participating agency shall immediately notify the FBI of any civil, administrative, or criminal claim, complaint, discovery request, or other request for information of which the agency receives notice, concerning or arising from the conduct of personnel assigned to the SSTF or otherwise relating to the SSTF. The participating agency acknowledges that financial and civil liability, if any and in accordance with applicable law, for the acts and omissions of each employee detailed to the SSTF remains vested with his or her employing agency. In the event that a civil claim or complaint is brought against a. state or local officer assigned to the SSTF, the officer may request legal representation and/or defense by DOJ, under the circumstances and pursuant to the statutes and regulations identified below. 72. For the limited purpose of defending against a civil claim arising from alleged negligent or wrongful conduct under common law under the FTCA, 28 U.S.C. § 1346(b), and §§ 2671- 2680: An individual assigned to the SSTF who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request to be certified by the Attorney General or his designee as having acted within the scope of federal employment at the time of the incident giving rise to the suit. 28 U.S.C. § 2679(d)(2). Upon such certification, the individual will be considered an "employee" of the United States government for the limited purpose of defending the civil claim under the FTCA, and the claim will proceed against the United States as sole defendant. 28 U.S.C. § 2679(d)(2). Once an individual is certified as an employee of the United States for purposes of the FTCA, the United States is substituted for the employee as the sole defendant with respect to any tort claims. Decisions regarding certification of employment under the FTCA are made on a case-by-case basis, and the FBI cannot guarantee such certification to any SSTF personnel. 73. For the limited purpose of defending against a civil claim arising from an alleged violation of the U.S. Constitution pursuant to 42 U.S.C. § 1983 or LL Sivens v. Six Unknown Named 10 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your aggencyy. Neither it nor its contents may be released without authorization by FBI Headquarters. M FOR OFFICIAL USE ONLY Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971): An individual assigned to the SSTF who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request individual -capacity representation by DOJ to defend against the claims. 28 C.F.R. §§ 50.15, 50.16. Any such request for individual -capacity representation must be made in the form of a letter from the individual defendant to the U.S_ Attorney General. The letter should be provided to Chief Division Counsel (CDC) for the FBI Richmond Division, who will then coordinate the request with the FBI Office of the General Counsel. In the event of an adverse judgment against the individual, he or she may request indemnification from DOJ. 28 C.F.R. § 50.15(c)(4). Requests for DOJ representation and indemnification are determined by DOJ on a case-by-case basis. The FBI cannot guarantee the United States will provide legal representation or indemnification to any SSTF personnel. 74. Liability for any conduct by SSTF personnel undertaken outside of the scope of their assigned duties and responsibilities under this MOU shall not be the responsibility of the FBI or the United States and shall be the sole responsibility of the respective employee and/or agency involved. DURATION 75. The term of this MOU is for the duration of the SSTF's operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. 76. Any participating agency may withdraw from the SSTF at any time by written notification to the SSA with designated oversight for investigative and personnel matters or program manager of the SSTF at least 30 days prior to withdrawal. 77. Upon termination of this MOU, all equipment provided to the SSTF will be returned to the supplying agency/agencies. In addition, when an entity withdraws from the MOU, the entity will return equipment to the supplying agencylagencies. Similarly, remaining agencies will return to a withdrawing agency any unexpended equipment supplied by the withdrawing agency during any SSTF participation. MODIFICATIONS 78. This agreement maybe modified at anytime by written consent of all involved agencies. 79. Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. 11 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. �> FOR OFFICIAL USE ONLY SIGNATORIES Adam S. Lee Date Special Agent in Charge Federal Bureau of Investigation Chief Thierry G. Dupuis Date Chesterfield County, Virginia Police Department ftp oved as to form: /, &6i r �, f� ` A istan Durr tl rney 12 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. �GI�Cpl%1`fi�" CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: March 11, 2015 Item Number: 8.C.3. Subiect: Approval of a Mutual and Automatic Aid Agreement Between Chesterfield County Fire and Emergency Medical Services (CFEMS), and the Colonial Heights Fire, EMS, and Emergency Management Department County Administrator's Comments: County Administrator: The Board is requested to authorize the County Administrator to execute this Mutual and Automatic Aid Agreement with the Colonial Heights Fire, EMS, and Emergency Management Department. Summary of Information: Chesterfield Fire and EMS (CFEMS) and the Colonial Heights Fire, EMS, and Emergency Management Department seek to enter into an updated Mutual and Automatic Aid Agreement. There is currently an agreement in place that was first approved on January 6, 1996. The document before you will supersede this document, bringing it more up-to-date. This agreement will remain in effect for five years or may be canceled earlier upon ninety days written notice by one party to the other. Preparer: Edward L. Senter, Jr. Title: Fire Chief Attachments: 0 Yes 7 No # 000054 FIRE AND EMERGENCY SERVICES AUTOMATIC AND MUTUAL AID AGREEMENT BETWEEN CITY OF COLONIAL HEIGHTS AND COUNTY OF CHESTERFIELD Reference: §§ 44-146.19 and 44-146.20 and §§ 27-1, 27-3, and 27-3.1 of the Code of Virginia, 1950 as amended. Background: This Agreement is made by and between the COUNTY OF CHESTERFIELD ("Chesterfield"), a political subdivision of the Commonwealth of Virginia, and the CITY OF COLONIAL HEIGHTS, a political subdivision of the Commonwealth of Virginia (collectively known as the "Parties"). This Agreement shall serve as the understanding between the Parties for automatic and mutual aid fire protection and emergency services. Each of the Parties provides, has, or maintains fire and emergency services to include equipment and personnel for use in response to emergencies involving facilities, structures, transportation equipment, hazardous materials, and both natural and man-made disasters (including acts of terrorism). The Parties also provide basic and advanced life support and emergency medical services as appropriate and non -emergency responses to requests through paid and/or volunteer companies within their jurisdictions. It has been determined that the provision of fire and EMS services across jurisdictional lines in emergencies, and disasters will increase the ability of the Parties to preserve the health, safety, and welfare of the citizens of the Parties. It has been deemed to be mutually beneficial to the Parties to enter into this Agreement concerning automatic response for interjurisdictional firefighting aid for structural fires, medical emergencies and related responses within a defined area and for mutual aid for emergency rescue and disaster services between the two jurisdictions. The lands or districts of the Parties hereto are adjacent or contiguous so that mutual assistance in an emergency situation is deemed feasible, desirable, and beneficial for the Parties to this Agreement to render assistance to one another in accordance with these terms. Definitions: Automatic response - The response of resources from one jurisdiction to another within a defined area, and considered part of the initial response to the incident. Personnel and resource types are pre -determined and dispatched in accordance with established procedures. 2. Mutual Aid response - The response of resources from one jurisdiction to another that results from a special request due to the resources of the requesting jurisdiction being unavailable or insufficient to bring the incident under control. This request is incident specific and must include the number and types of resources that are needed. Chesterfield and Colonial Heights Automatic and Mutual Aid Agreement January, 2015 Page 2 of 4 Action(s): Each party will provide emergency response apparatus, equipment and personnel commensurate with the scope of the emergency involved and to the extent of availability of its resources. 2. The Parties will each endeavor to provide automatic response and mutual aid response to each other within the terms of this Agreement. 3. The fire chiefs of the respective Parties, will formulate detailed response plans, to include automatic dispatching of mutual aid resources on first alarms, where appropriate. 4. The Parties shall also establish procedures which give timely notification to each other of the occurrence of a structural fire or other emergency, and the need for mutual aid from firefighting, emergency rescue, emergency medical services, or the disaster services. The requesting party should specify the number and type of resources needed, and the providing party shall determine how many resources can respond. The Parties shall review response data on an annual basis and in the event that the number of responses by one party exceeds the number of responses by the other party by an amount of 10% or greater, the Parties may agree to redefine the response area or the types of incidents to which response will occur. 6. Nothing in this Agreement shall be construed as compelling any party to respond to a structural fire or related emergency in the other jurisdiction when the personnel or apparatus of the requested party are being used within the boundaries of that jurisdiction, nor shall any such request compel the requested party to continue to provide firefighting services support in another jurisdiction when its equipment or personnel are, in the opinion of the requested party, needed for good reason within the boundaries of its jurisdiction. The rendering of assistance under the terms of this Agreement is mandatory to the extent apparatus and personnel are available; however, the party receiving the request for assistance shall immediately inform the requesting service if assistance cannot be rendered. Each party waives all claims against the other for compensation for any loss, damage, personal injury, or death occurring in consequence of the performance of this Agreement. All personnel responding to incidents within either jurisdiction will operate within the Incident Management System and report to the incident commander ("I.C."). If there is no established I.C., the officer of the first -arriving unit will assume command of the incident until properly relieved. Q00� Chesterfield and Colonial Heights Automatic and Mutual Aid Agreement January, 2015 Page 3 of 4 10. No party shall be liable to another party for any loss, damage, personal injury or death to any personnel resulting from the performance of official duty in accordance with this Agreement, whether such loss, damage, injury or death shall occur within or without the jurisdictional boundaries of Chesterfield or Colonial Heights. 11. The services performed and expenditures made under this Agreement shall be deemed for public and governmental purposes and all immunities from liability enjoyed by the party within its boundaries shall extend to its participation in rendering firefighting, emergency rescue, or other disaster assistance outside its boundaries. It is understood that for the purposes of the Agreement, the requested party is rendering aid once it has entered the jurisdiction boundaries of the party receiving assistance. 12. The Parties agree to reimburse the other for the replacement cost of specialized agents and materials, such as foam, light water, etc., or other expendable consumer supplies, which are used by the other party in providing firefighting, emergency rescue or other disaster services within the requesting partie's jurisdiction. 13. All pension, relief, disability, worker's compensation and other benefits enjoyed by employees of either Chesterfield, Colonial Heights, and all volunteer members who might respond shall extend to the services performed under this Agreement outside their respective jurisdictions. 14. Chesterfield and Colonial Heights recognize that each is fully capable of providing independent services to serve adequately their respective political subdivisions. 15. This Agreement supersedes any and all mutual aid or other related agreements for fire and rescue service between the Parties. 16. Notice and correspondence: shall be made in writing to: City of Colonial Heights Colonial Heights Fire, EMS, & Emergency Management 100 B Highland Avenue Colonial Heights, VA 23834 County of Chesterfield Chesterfield Fire and Emergency Medical Services Chesterfield County Government Offices P.O. Box40 Chesterfield, VA 23832-0040 Effective Date: This Agreement shall be effective for a period of five years upon execution by both Parties. Alteration or Termination of Agreement: Notification of the intention of either party to alter or terminate this Agreement prior to the five year review date will be in the form of a written submission to the other party at least 90 days in advance of the proposed date of 0057 Chesterfield and Colonial Heights Automatic and Mutual Aid Agreement January, 2015 Page 4 of 4 alteration or termination. In order for any alteration to this Agreement to become effective, the amendment(s) must have the signature of the County/City Administrators of the respective parties. Termination of this Agreement will occur upon expiration of the five year period unless the Agreement is renewed or termination will occur on the proposed date of termination set forth in the written submission as required above. CHESTERFIELD COUNTY James J. L. Stegmaier, County Administrator Date CITY OF COLONIAL HEIGHTS Thomas Mattis, City Manager Date 000058 [ 1"49 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: March 11, 2015 Item Number: 8.C.4.a. Subiect: Award a Construction Contract and Authorize the County Administrator to Execute the Contract for Construction of Falling Creek Greenway Improvements County Administrator's Comments: County Administrator: Board Action Requested: Award a construction contract to Dickerson Construction LLC in the amount of $415,000 and authorize the County Administrator to execute the contract for construction of the Falling Creek Greenway Improvements. Summary of Information: This construction contract is for construction of a 0.4 mile pathway and trail system along Falling Creek, a special event area, two historical interpretation overlooks and a 21 space parking lot. Funding for this project comes partially from the Falling Creek Ironworks matching funds project that has received an annual CIP allocation for a number of years. Funding for these improvements was completed with grant funds from the FY11-12 VDOT Enhancement Grant. This project is the initial phase of planned developments along Falling Creek to showcase its 400 year history and the first segment of a proposed trail system along Falling Creek. The parking lot will be accessed from Jefferson Davis Highway via Marina Drive. These facilities will provide new access to Falling Creek and will provide historical interpretation of the 1619-22 Ironworks. It will provide walking, fishing, and nature observation opportunities for the public. Existing funds are sufficient to fund this phase of the project. Staff will continue to pursue grants and other sources of funds for future phases. Preparer: Michael S. Golden Title: Director Parks and Recreation Preparer: Allan Carmody Title: Director Budget and Management No Attachments: ® Yes F-1# CSX RAILROAD Jq � DC D h D eo an C\,�,00 im FZ Q 0 D � 0 D � D I• 0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: March 11, 2015 Item Number: 8.C.4.b. Subject: Award a Construction Contract and Authorize the County Administrator to Execute the Contract for Construction of the Ettrick/VSU Riverside Trail and Parking Area County Administrator's Comments: County Administrator: Board Action Requested: Award a construction contract to Brock Construction Inc. in the amount of $365,000 and contingent upon final state and federal grant approvals and authorize the County Administrator to execute the contract for construction of the Ettrick/VSU Riverside Trail and Parking Area. Summary of Information: This construction contract is for construction of a 0.33 mile ADA accessible shared -use pedestrian and bicycle trail along the Appomattox River and a 12 space trailhead parking area. The trail and parking area are located on property leased from VSU. Funding is available in a previously approved and funded VSU Ettrick Trail CIP project that also includes funds from a FY2011 VDOT Enhancement Grant. State and federal grant staff is working for final approvals, which are expected to be received within two to four weeks. Additionally, $104,000 from the Park Improvements CIP funding will be utilized to complete the funding for this segment of the project. This segment is one phase of a planned trail system along the Appomattox River. The trailhead will be accessed from Jackson Street. This facility will provide new access to the Appomattox River and provide walking, fishing, and nature observation opportunities for park visitors. Existing funds are sufficient to cover the contract. Preparer: Michael S. Golden Title: Director Parks and Recreation Preparer: Allan Carmody Title: Director Budget and Management Attachments: Yes ■ No # w LU w 01 1') A 6) Lu LU U > Z 0 D LO C/) C) > CN U- 0 T-: F- T" o Lo cl) co 04 i LO F- Z cl) 1 F- 0 0 0 LU m 01 w 01 1') A 6) CHESTERFIELD COUNTY `BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: March 11, 2015 Item Number: 8.C.5. Subiect: Approval of Naming the New Branch Library the North Courthouse Road Library and Adoption of Resolution Naming the Meeting Room in the New Library in Memory of Mrs. Betty Hoffman Gulley County Administrator's Comments: 4 County Administrator: Board Action Requested: Mr. Warren is requesting that the new library be named the North Courthouse Road Library and the library meeting room in the new North Courthouse Road Library be named in memory of Mrs. Betty H. Gulley, former teacher at Reams Road Elementary School and resident of the Clover Hill Magisterial District. Summary of Information: The attached resolution recognizes Mr the success of future generations of Mrs Preparer Michael R. Mabe Gulley's dedication and commitment to young people throughout her career. Attachments: 0 Yes FINo Title: Library Director RECOGNIZING MRS. BETTY HOFFMAN GULLEY BY NAMING THE MEETING ROOM AT THE NORTH COURTHOUSE ROAD LIBRARY IN HER MEMORY WHEREAS, Mrs. Betty Hoffman Gulley was a teacher at Reams Road Elementary School from December of 1988 through July of 2003 and a resident of the Clover Hill Magisterial District; and WHEREAS, Mrs. Gulley, a history major in college, was an avid reader herself who loved reading history books because of the stories that are told through the retelling of history; and WHEREAS, Mrs. Gulley, as a teacher at Reams Road Elementary School, worked diligently to instill in her students the same love of learning and appreciation that she had for books and good literature; and WHEREAS, Mrs. Gulley had a lifelong interest in the area of reading, understood that reading is the foundation of all knowledge and worked ceaselessly to promote proficiency in reading for all of her students; and WHEREAS, Mrs. Gulley dedicated much of her work to, and took great pride in, helping students who struggled with reading skills so that those students could learn, and love, to read; and WHEREAS, Mrs. Gulley encouraged parents and grandparents to spend time reading to their children and grandchildren to help further support the importance of reading for those children in their homes; and WHEREAS, Mrs. Gulley was keen to identify "at risk books" to make sure that those books were not destroyed but, rather, were repurposed to be used by students and donated to libraries wherever possible; and WHEREAS, Mrs. Gulley was dedicated and committed to the success of future generations and served as a persuasive representative of all educators in Chesterfield County Public Schools; and WHEREAS, Mrs. Gulley, a beloved wife, mother and grandmother, instilled the importance and love of reading in her children and grandchildren, ensuring that her passion for reading was passed on to her children and grandchildren. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes and applauds the untiring efforts of Mrs. Betty Hoffman Gulley to improve the quality of life of Chesterfield County citizens as exemplified by her dedication throughout her lifetime to future generations and hereby names in her memory the meeting room of the North Courthouse Road Library. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: March 11, 2015 Item Number: 8.C.6. Subject: Approval of Agreement with Lifespring Community Development Corporation to Place Skateboarding Equipment at the XZone Skate Park Located at 6851 Courthouse Road County Administrator's Comments: County Administrator: Authorize the County Administrator to execute a lease agreement with Lifespring Community Development Corporation for placing skateboarding equipment at the XZone Skatepark for their use in providing programs to County youth. Summary of Information: Lifespring Community Development Corporation ("Lifespring") is a non-profit 501(C) (3) organization affiliated with the Southside Church of the Nazarene located at 6851 Courthouse Road. The lease replaces the previous expired lease that ended on 2/19/2015, which was initially approved by the Board of Supervisors on June 27, 2007. Lifespring leases the land around the church to operate a public recreation center called the XZone that includes a skatepark, volleyball, and paintball facilities. Parks and Recreation shares the goal of supporting the public demand for skateboarding opportunities by partnering with Lifespring. Lifespring and Parks & Recreation staff have agreed to terms which would allow the County to lease space at the XZone facility to place a skateboarding ramp, three half pipes, and other miscellaneous County owned skateboarding equipment for four years at the nominal cost of one dollar per year, with an automatic renewal for four additional one year terms. Preparer: Michael S. Golden Title: Director Parks and Recreation Attachments: 17 Yes 0 No # CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA The agreement requires, among other conditions, that Lifespring qualify as a Chesterfield County Parks and Recreation co-sponsored organization, subject its employees to criminal background checks, and permit Parks & Recreation to annually approve the hours of operation and admission fees. The agreement prohibits any church related activities at or within 75 feet of the Skatepark. The Parks and Recreation staff recommends that the Board approve the lease agreement with Lifespring Community Development Corporation. �oCHESTERFIELD COUNTY ;: BOARD OF SUPERVISORS Page 1 of 2 »3s r AGENDA Meeting Date: March 11, 2015 Item Number: &C-1. Subiect: Appropriation of Additional Anticipated Virginia Department of Transportation Reimbursements and Authorization to Execute Additional Change Orders for the East River Road Widening Project Administrator's Comments: A County Administrator: Board Action Reguest6d: The Board is requested to appropriate $700,000 in additional anticipated Virginia Department of Transportation (VDOT) reimbursements and authorize the County Administrator to execute all necessary change orders, up to the full amount budgeted, for the East River Road Widening Project. Summary of Information: In December 2013, the Board authorized award of a construction contract to Branscome, Inc. in the amount of $6,999,267 for the East River Road Widening Project. Construction commenced on February 5, 2014, and is currently ongoing. Throughout construction, the contractor has encountered a large amount of unsuitable soil during excavation for the new waterline, storm sewer, and roadway. The unsuitable material must be hauled to a landfill and backfilled with soil that is suitable for the construction of the project. The Engineer estimated that 500 cubic yards of unsuitable material would be encountered during the construction of the project, and this amount was included in the construction contract. As of January 31, 2015, a total of 9,323 cubic yards of unsuitable soils have been encountered. Change orders have been required to compensate the contractor for hauling and placing fill material to replace unsuitable sub soils in excess of the original contract allowances. Preparer: Jesse W. Smith Title: Director of Transportation Preparer: Allan M. Carmody_ Title: Director of Budget and Management Attachments: 0 Yes F-1 No ## 0(0006 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (Continued) An adequate balance of contingency funds is not available for the project at this time. Additional funds are required to execute the most recent change order and provide a contingency for the remainder of the project's duration. Sufficient VDOT secondary road construction funds from completed projects are available for the completion of this project. Recommendation: Staff recommends the Board appropriate VDOT reimbursements, and authorize the necessary change orders for the work, the East River Road Widening Project. District: Matoaca $700,000 in additional anticipated County Administrator to execute all up to the full amount budgeted, for Ili D,l V tCl 11VCIU V V 1 LRC11111, r1L1jC i:L terf'L-td City of Colonial Heights MAP - ATTACHMENT A 00000 EAST RIVER ROAD WIDENING PROJECT PROJECT REVENUE DATE AMOUNT SOURCE 2/27/13 $ 300,000 Revenue Sharing Transfer from Beach at Brandy Oaks Project 07/01/13 $ 3,600,000 FY 14 Revenue Sharing 09/18/13 $ 3,600,000 Revenue Sharing Transfers 12/11/13 $ 2,000,000 Revenue Sharing Transfers 3111/15 Proposed $ 700,000 Anticipated VDOT Reimbursements TOTAL $ 10,200,000 $ 1,100,000 PROJECT ESTIMATE TASK 12/11/13 CURRENT Preliminary Engineering $ 650,000 $ 650,000 Right -of -Way $ 350,000 $ 600,000 Utility Relocation $ 350,000 $ 300,000 Construction Engineering $ 450,000 $ 550,000 Construction $ 7,000,000 $ 7,000,000 Construction Contingency $ 700,000 $ 1,100,000 TOTAL $ 9,500,000 $10,200,000 Page 1 of 2 Meeting Date: March 11, 2015 Item Number: 8.C.8.a. Subject: Set Public Hearing to Consider Code Amendments Relative to Preliminary Subdivision Plats County Administrator's Comments: County Administrator: Set April 15, 2015 for public hearing to consider attached ordinance amendments. Summary of Information: PLANNING COMMISSION ACTION AND RECOMMENDATION On February 19, 2015, following a public hearing the Planning Commission by unanimous vote recommended approval of the attached ordinance amendments. AMENDMENT OVERVIEW In 2014, the Code of Virginia was amended to eliminate the requirement for mandatory submission of a preliminary plat for subdivisions of fifty (50) or fewer lots, although the subdivider may still choose to submit a preliminary plat for review and approval. In addition to bringing the ordinances into conformance with state law, amendments are suggested to ensure ordinance standards that were normally addressed through the preliminary plat process can now be addressed through other processes for such subdivisions. Further, unrelated to the state law change, the Right - of -Way Section of the Utilities Department has requested an amendment relative to certificate requirements on subdivision plats. Preparer: Kirkland A. Turner Attachments: 0 Yes FINo Title: Director of Planni CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Summary of Information (Continued) Page 2 of 2 The proposed amendments address requirements for subdivisions of 50 or fewer lots processed through the final plat or construction plan process as opposed to the preliminary plat process: • require posting of property at time of construction plan or final plat submission for such subdivisions to notify the public of such proposals; • eliminate the minor subdivision process which addresses review and approval of 5 or fewer lots because the need for the process will no longer be necessary; • require submission of an overall conceptual plan for such subdivisions and clarify the existing requirements for submission of an overall conceptual plan; • require information previously submitted for preliminary plat review be provided on either final plats or construction plans for such subdivisions; • require recreational facilities in townhouse projects be completed prior to issuance of building permits for the units unless a phasing plan is approved through preliminary plat review; and • require that the subdivision certificate on final plats include the term "strips" for property dedicated to the county. 0000"1-12 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 17-9, 17-21, 17-22, 17-24, 17-40, 17-42, 17-43, 17-46, 17-47, 17-48, 17-49, 17-50, 17-61, 17-62, 17-68, 17-76, 17- 82 AND 17-85 OF THE SUBDIVISION ORDINANCE RELATING TO LOT SUBDIVISIONS THAT ARE NOT SUBJECT TO THE PRELIMINARY PLAT SUBDIVISION PROCESS. BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 17-9, 17-21, 17-22, 17-24, 17-40, 17-42, 17-43, 17-46, 17-47, 17-48, 17- 49, 17-50, 17-61, 17-62, 17-68, 17-76, 17-82 and 17-85 of the Code of the County of Chester field, 1997, as amended, are amended and re-enacted, to read as follows: Chapter 17 SUBDVISION OF LAND 111 Sec. 17-9. Fees. In addition to any other required fees, including those fees imposed by state agencies, the fees provided in this section shall be submitted to the planning department in conjunction with the specified application or request. Application Type Fee (in dollars) Preliminary Subdivision Plat Initial Submittal plus 2 Revision Submittals 1000 plus 50 per lot Fourth and Subsequent Submittals 900 Overall Conceptual Plan (submitted for review separate from Preliminary Subdivision Plat) Initial Submittal plus 2 Revision Submittals 1100 Fourth and Subsequent Submittals 900 Construction Plan Review Initial Submittal plus 2 Revision Submittals 1400 plus 70 per lot or parcel Fourth and Subsequent Submittals 1000 Construction Plan Adjustment 500 per submittal Lot Subdivision Final Plat 1600 plus 30 per lot Miner SubdiAsion Final Pla 1600 plus 30 per let Amended or Line Modification Final Plat 85 per lot or parcel Residential Parcel and Family Subdivision Final Plat 100 per lot or parcel Onsite Sewage Disposal System Soils Analysis Review 155 per lot or parcel Major Change to Approved Plat 1000 per submittal Technical Correction Letter per Requested Change 100 Exceptions to Subdivision Requirements Sec. 17-8 1000 per ordinance section Deferral Request from Planning Commission Public Hearing/Meeting 1000 for first deferral plus 2000 for each deferral thereafter [21 Written Verification of Subdivision or Subdivision Inter retation 150 [1] This fee is in addition to fees applicable to a subdivision plat review. [2] Fee to be paid by applicant requesting or consenting to deferral. Sec. 17-21. Procedure for subdivision approval. A. Following is a summary of the approval procedure for subdivisions: 1_. Overall Conceptual Plan. An overall conceptual plan shall be submitted for certain proposed subdivisions as required in Sec. 17-42. 4-2. Preliminary Plat. All proposed lot subdivisions involving; more than 50 lots except miner s..bdivisiens, must submit a preliminary plat for approval. When a preliminary plat is not required, such plat for a lot subdivision may be submitted voluntarily at the discretion of the subdivider. If an An overall conceptual plan is required it shall be submitted in conjunction with the preliminary plat_ if required by this ,hapten. 2-3. Construction Plan. Construction plans, where required, shall be the first step in the final plat process. For residential lot subdivisions requiring preliminary plat or an overall conceptual plan, construction plans ffhety shall not be submitted until after a p eliminar-y plat is appfeved applicable approvals. For a subdivisions mrr3e = er which are not being reviewed through the preliminary plat or overall conceptual plan processes, construction plans may be submitted in conjunction with the initial final plat review. 34. Final Plat. Final plats are required for all previously unrecorded lot subdivision plats, parcel plats, amended plats of and line modification plats and minef Subdivision pla . 45. Recordation. After the director of planning or planning commission has provided comments on the final plat, the subdivider may submit the final plat for recordation. Once the final plat has been recorded, lots or parcels in the subdivision may be sold. -56. Changes. Changes to subdivision applications shall be as provided in Sec. 17-26. 000 Sec. 17-22. Preliminary conference and concurrent review. A. A subdivider may request a voluntary preliminary conference with the plans review team prior to submitting preliminary plat, er construction plan or final plat applications. The purpose of the preliminary conference is to expedite application review by identifying and resolving project -specific major development issues prior to initial application. The preliminary conference shall address, at a minimum, the following areas: 1. Environmental 2. Fire and Life Safety 3. Transportation 4. Utility capacity/connection 5. Zoning/conditions of zoning B. The subdivider and the subdivider's design professional shall attend the preliminary conference and must submit, at least one week before the conference, at least five full- sized copies of a draft plat or plan incorporating sufficient detail to depict the subdivision proposal and to evaluate the major areas listed above. C. Plats or plans submitted within six months after a preliminary conference in accordance with this section shall be provided a concurrent review between county and state agencies. 111 Sec. 17-24. Posting of public notice. A. Upon receipt of a complete application the director of planning shall post a sign on the subject property to inform the public of such application when submitted for: ® a preliminarylomat or minef subdivision plat, a ® preliminary plat incorporating Major Changes as defined in Sec. 17-85,, • construction plan, or final plat if no construction plan is rewired, for a lot subdivision of 50 lots or fewer when the developer has chosen not to submit a preliminary plat, and ® of an exception in accordance with Sec. 17-8_ , —, -11— f planning shall pest, a J1g11 V31 LS1 The notice provided for by this section shall be posted upon the subject property and at reasonable intervals along streets abutting the subject property, or, if there is no abutting street, then at the proposed street access(es) to the property. The notice shall be posted in locations reasonably visible from abutting street(s). 000 Sec. 17-40. Preliminary plat review and approval process. A. Preliminary Required. Except as revided fef Miner—Subdivisions —in See. 17 planning,50, evefy pfepesed fesidential lot subdivisien shall be submitted to the difeetef elf Preliminary plats shall be required for any lot subdivision involving more than 50 lots or as required by a condition of zoning. Preliminary plats for subdivisions involving 50 or fewer lots shall be submitted where required by zoning approval or at the discretion of the subdivider. Preliminary plats whether required or voluntary shall be submitted to the director of planning and shall be subject to the provisions of this chapter. If required by section 17-42, an overall conceptual plan in accordance with this chatter shall accompanv a preliminary plat application. luffigaimig Prior to submission of a final plat or construction plans the applicable preliminary plat shall be approved. 000 Sec. 17-42. Overall conceptual plan. An overall conceptual plan shall be submitted when: I . required by zoning, 2. proposed subdivision of land includes phases for future development to include residential nonresidential or a mixture of both; or 3. proposed subdivision is located within the bounds of a zoning approval, that involves phases for development to include, residential, nonresidential or a mixture of both which have not received schematic plan approval and the full area within such zoning approval is not encompassed by submitted preliminary or final plat. If an overall conceptual plan is not required by this chapter, a subdivider may submit such plan separate from other review applications. Approval of an overall conceptual plan shall be required prior to the approval of preliminary_ plat, application for construction plan or submission of final plat for anv subdivision for which an overall conceptual plan is reauired or submitted. Sec. 17-423. Overall conceptual plan process and required information. A. Overall conceptual plan. The overall conceptual plan shall: Indicate the portion of the plan covered by the any pending preliminary plat, construction plan or final plat application; 2. Incorporate all area up to the limits of the parcel(s) controlled by conditions of zoning for the development; 3. Incorporate valid preliminary and recorded final plats located within its boundaries; and 4. Be updated and submitted with each required preliminary plat resubmittal. For the final phase of development, the overall conceptual plan may not be required to be updated if agreed upon by the plans review team during a discussion of the final phase at a preliminary conference. ell, ()OD'd'' 5. The overall conceptual plan shall be drawn at a scale that will fit on a single 24 inches by 36 inches plan sheet, and provide the following information: a. Pods with approximate acreage, proposed use, and density. b. Phasing lines. c. Information specified for overall conceptual plan in Sec. 17-56 Secs. 17-4,34--17-45. Reserved Sec. 17-46. Final plat purpose and types. The final plat, once approved and recorded with the circuit court, serves to modify, create or transfer property as provided by the individual plat and in accordance with this chapter. To accomplish this there are several processes available for a potential subdivider based upon applicable criteria. A final plat shall be required for any unrecorded lot or residential parcel subdivision. 1. Construction plans: Construction plan review and approval shall be the first step of the final plat process. Construction plans are intended to show graphically improvements and facts needed for the director of planning and state agencies to determine whether the development of the proposed subdivision is in compliance with the approved preliminary plat, state law, the Code and provisions of this chapter. Construction plans shall be required for subdivisions that include engineered improvements, at the determination of the directors of environmental engineering, planning, or utilities. 2. Lot subdivision final plat: A lot subdivision final plat shall be required for any unrecorded lot subdivision plat in accordance with Secs. 17-48.--17-50. 3. Miner- subdivision final p1pl: A miner- subdivision final plat is exempt fiem the pr-eliffiinar-y plat pr-eeess for e-ert.-Ain subdivisiens invelving tie ffiefe than five lots alonD . . 7 50. and See. 17 85. if eenstnietion plans afe fequifed, this plat shall ser-ve as the last step in the final plat pfeeess. 3.4.Residential parcel subdivision final plat: A residential parcel subdivision final plat involves the subdivision of land for which a preliminary plat is not required, into two or more parcels each being five acres or more in accordance with the provisions of Sec. 17-51 and Sec. 17-85. If construction plans are required, this plat shall serve as the last step in the final plat process. 4.5-1amily subdivision final plat: A family subdivision final plat provides for the subdivision of land for eligible family members through the parcel plat process in accordance with Sec. 1.7-52 and Sec. 17-85. If construction plans are required, this plat shall serve as the last step in the final plat process. 5.6 -.Amended final plat: An amended final plat is an alteration of a recorded plat which does not involve property line changes as provided in Sec. 17-85. Such plats shall be reviewed under the lot subdivision plat process or parcel plat process, as applicable. 6. -7 -.Line modification final plat. A line modification final plat involves the adjustment of one or more lots or parcels within a recorded subdivision plat, provided that such changes do not create any additional lot(s) or parcel(s) in accordance with Sec. 17-26 and Sec. 17-85. Sec. 17-47. Construction plan process. A. Construction plan required. Construction plans are required for subdivisions that include engineered improvements, at the determination of the directors of environmental engineering, planning, or utilities. B. Procedure. 1. Prior to submittal of construction plans for residential lot subdivisions, overall conceptual plan or preliminary plat approval shall be obtained as applicable. 2. For minor subdivisiens and parcel plats which require construction plans, such review may be concurrent with final plat review. 3. The following shall be provided for construction plan review: a. An application form containing basic subdivider and project information, pursuant to the administrative procedure of the director of planning. In addition for lot subdivisions for which a preliminary_ plat has not been approved, any pplicable items required for preliminary plat as provided in Sec. 17-41 and Sec. 17-56 shall be provided on the construction plan. b. Sets of construction plans consistent with administrative procedures. c Efesien and sediment ^entre' Applicable stormwater management and water quality fees as required by Sec. 8-1-35 and Sec. 8-30 of the Code. C. Approval. Approved construction plans shall be valid for five years from the date of approval. Sec. 17-48. Lot subdivision final plat process. A. Elistibility and Procedure. For lot subdivisions involving a preliminary plat or overall conceptual plan review, Pprior to submitting a final plat application and plat, the subdivider shall obtain pr-eliminafy-pI4 required approvals. 2. If construction plans are required, such plans shall have been deemed substantially approvable for all areas depicted on the final plat prior to submittal. However, such construction plans must be approved prior to any plat recordation. 3. Preliminary plat and construction plan approval must be unexpired prior to final plat application submittal. However, preliminary plat approval may expire after final plat application submittal without affecting the validity of the final plat application. 4. Unless otherwise specified, subdivision final plats shall be reviewed and approved under the administrative review and approval procedure set forth in this chapter. A final plat may be reviewed by the planning commission at the direction of the director of planning if the subdivider and the director of planning differ as to the plat's compliance with the Code or conditions of zoning. B. Plat required. The subdivider shall prepare a subdivision final plat which is in accordance with the provisions of this chapter and provides, at a minimum, the information required in Sec. 17-49. Final plats may depict all or an approved phase or section of an approved preliminary plat and construction plans, provided that for any final plat: 1. Public improvements to be constructed in the area covered by the final plat are sufficient by and of themselves to accomplish a proper development and to provide adequately for the health, safety and convenience of the proposed residents, and for adequate access; and 2. The section limits of the final plat shall have a continuous boundary that encompasses the entire section in one contiguous parcel. 000 Sec. 17-49. Application and plat. B. Plat requirements. 1. The final plat sheet(s) shall be 16 inches by 24 inches, or as otherwise provided by state law. Plats shall be drawn at a scale no greater than one inch equals 50 feet for residential townhouse subdivisions or one inch equals 100 feet for other subdivisions. Upon request, the director of planning may approve variations in scale. 2. The final plat sheet(s) shall be prepared, signed and sealed by an engineer or surveyor. Final plat shall be based upon field survey and not a compiled plat. 3. The final plat shall conform to requirements of the approved preliminary plat and construction plans. 4. The final plat shall contain the following certificates: a. Surveyor's certification stating "To the best of my knowledge and belief this plat is in compliance with all of the requirements as set forth in the ordinance for approving plats of subdivisions in Chesterfield County, Virginia. Monuments will be set by (insert date)." b. Subdivision certificate stating "The platting or dedication of the following described land (here insert a correct description of the land to be subdivided) is with the free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any. All easements, and streets and strips are of the width and extent shown and are dedicated to the county free and unrestricted by any previous agreements or easements except as noted on this plat as of the time of recordation. The dedication of easements to the county includes granting the right to make reasonable use of adjoining land for construction and maintenance of public facilities within the boundaries of easements shown thereon. All easements are for surface and underground drainage and underground utilities except as otherwise stated on this plat." Tf there is an easement granted for street light installation, it shall be included in this statement and read as follows "An additional easement of five feet on all lots adjacent to rights-of-way is dedicated to the County of Chesterfield for future street light installation." This statement shall be signed by such person(s) and duly notarized. c. Source of title signed by the preparer of the plat setting forth the source of the title of the owner(s) of the land subdivided, stating the date, deed book and page, and the place of record of the last instrument in the chain of title. When the plat is of land acquired from more than one source of title, the outlines of the several parcels shall be indicated upon such plat. 5. A signature block shall be provided on the first sheet of the plat for the director of planning, director of environmental engineering, and planning department. Each additional sheet shall provide a signature block for the director of planning. 6. The final plat shall provide information specified in Sec. 17-56 and other information deemed necessary by the director of planning to achieve the purposes and standards of this chapter. Sec. 17-50. RESERVED 7{':l:7FlltS�4S�il7T,S'�i*L .. ♦ . _ !R'S'�/.�.11El�fESll1'fT�Sl7: Sec. 17-61. Conformity to applicable requirements. All subdivision plats and plans shall comply with this chapter and the following, as applicable: 1. The provisions of the Code of Virginia §§ 15.2-2240--15.2-2279. 2. Chapter 8 of the Code, stormwater management and water qualitefesio" and sediment y eentfe1 ordinance. 3. Chapter 10 of the Code, fire protection ordinance. 4. Chapter 18 of the Code, water and sewers ordinance. 5. Chapter 19 of the Code, zoning ordinance. '` CGOISI Pr 11"MMIPWOMI. ON ii 7{':l:7FlltS�4S�il7T,S'�i*L .. ♦ . _ !R'S'�/.�.11El�fESll1'fT�Sl7: Sec. 17-61. Conformity to applicable requirements. All subdivision plats and plans shall comply with this chapter and the following, as applicable: 1. The provisions of the Code of Virginia §§ 15.2-2240--15.2-2279. 2. Chapter 8 of the Code, stormwater management and water qualitefesio" and sediment y eentfe1 ordinance. 3. Chapter 10 of the Code, fire protection ordinance. 4. Chapter 18 of the Code, water and sewers ordinance. 5. Chapter 19 of the Code, zoning ordinance. '` CGOISI 6. Chapter 16 of the Code, streets, sidewalks and public places eas eats ordinance. 000 Sec. 17-62. Standard conditions. The applicability of the following requirements will be determined at the time of subdivision plat approval. These requirements will be referred to as standard conditions without citing this subsection. 111 14. The subdivider shall place the following note on the final plats and enforce the restriction through covenants: "No structure embellishments will be allowed on right- of-way without the commitment of, or issuance of, a VDOT land use permit. Within the ten -foot clear zone (measured from the edge of the street pavement out ten feet), no structural embellishment will be permitted that is closer than three feet from the edge of pavement of the street or higher than six inches above the surface of the drive." Prior to approval of the preliminary plat or final plat for lot subdivisions not being reviewed through the preliminary_ plat process, the subdivider will submit an acknowledgement of the condition regarding masonry embellishments within the VDOT clear zone, on a form available from the department of environmental engineering. This acknowledgment is the responsibility of the subdivider as the subdivider is ultimately responsible for the removal of clear zone encroachments in all new subdivisions. 000 20. Building envelopes as shown on the preliminary plat, along with any other directed by the direetef of envifenmental engineering the plans review team, shall be placed on the construction plans and final plat. 000 Sec. 17-68. Easements. Easements for public use shall be provided, including, but not limited to: Easements 16 feet in width for proposed or possible water, wastewater, and drainage improvements. Easements of greater width may be required by the director of environmental engineering for drainage purposes or by the director of utilities for utility purposes. 2. Easements eight feet in width shall be provided along the rear of the lot. 3. Easements eight feet in width along the side lot lines where the side property line is the rear of another lot. 4. Easements of variable width as required by VDOT for slope, drainage, and sight distance identified on construction plans. O0& 5. Easements to address conditions of zoning or plan review approval.i�latand eenstfuetien plan appfeN,al. Sec. 17-76. Arrangement and Design. 111 000 H. Subdividers of all parcels or lots located at existing or proposed crossovers along collector and arterial streets, and any break in the median of an existing or planned divided street, shall submit and receive approval of a plan from the director of transportation which addresses access for the surrounding area. Such plan must be approved prior to ^r in eenj notion with preliminary plat approval or for a subdivision not submitting_a preliminary plat, prior to any construction plan approval. The director of transportation may require the subdivider to provide access to adjacent properties. 000 Sec. 17-82. Sidewalks. Subdividers shall provide sidewalks in accordance with the planning commission residential sidewalk policy on all streets where they qualify for VDOT or county maintenance, and any additional or other locations if required as a condition of zoning or schematic plan approval, or as a requirement of VDOT. Exceptions to the planning commission residential sidewalk policy shall be at the discretion of the planning commission or directors of transportation, planning and environmental engineering. Sidewalk requirements shall be determined through the mat plan review process as determined by the county. The sidewalks shall be shown on the preliminary plat, construction plan and mai be if required on the overall conceptual plan. Construction may be phased as approved by the county, but as a minimum, shall be bonded and constructed with each section recorded where the sidewalk is located. The subdivider shall construct all sidewalks required by the planning commission residential sidewalk policy per the design standards contained herein. Where sidewalks qualify for maintenance by VDOT or the county, they shall be designed and installed in accordance with VDOT standards. For all private sidewalks, the subdivider shall demonstrate long term maintenance responsibility in accordance with Sec. 19-559. Sec. 17-85. Definitions. 000 Ilt 011MIN No MIMP.MP.M" .1 000 Overall conceptual plan: A pfelifflinafy plan sleet depicting the general layout of streets, pods, major utility lines and drainage facilities as specified in this chapter. 000 Residential parcel subdivision: The division of any parcel of land for residential use into two or more parcels, all of which are mefe than five acres or more subject to the provisions of this chapter 000 Subdivision: The division of any parcel of land in A, R, R-TH or MH -2 Districts, or any other district permitted by zoning for residential uses, for residential use into two or more lots or parcels, or any division within these districts for residential use which creates or extends a street. ME (2) That this ordinance shall become effective immediately upon adoption. C1 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 19-62,19-105, 19-240.2, 19-261, 19-521, 19-523, 19-526 AND 19-551 OF THE ZONING ORDINANCE RELATING TO LOT SUBDIVISIONS THAT ARE NOT SUBJECT TO THE PRELIMINARY PLAT SUBDIVISION PROCESS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-62, 19-105, 19-240.2, 19-261, 19-521, 19-523, 19-526 and 19- 551 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted, to read as follows: Chapter 19 ZONING ME See. 19-62. Additional provisions relative to flood hazard mitigation. Within the special flood hazard areas, the following additional provisions shall be met: (a) All electric water heaters, electric furnaces and other critical electrical installations shall be permitted only at elevations at least one foot above the base flood elevation. (b) Water supply systems, sanitary waste water systems and gas and oil supply systems shall be designed to preclude infiltration of floodwaters into the systems and discharges from the systems into floodwaters. Design and construction shall be in accordance with requirements of the Virginia Uniform Statewide Building Code. (c) Adequate drainage shall be provided to minimize exposure to flood heights. (d) The pP-reliminary plat, or the construction plan if a preliminary plat was not submitted, shall include a map showing the location of the proposed subdivision and/or land development with respect to any designated floodplain district, including information on, but not limited to, the base flood elevations, boundaries of the floodplain districts, proposed lots and sites and fills and areas subject to special deed restrictions. (e) A building permit application shall include the location of the base flood, if previously determined. M 1928(05):93675.1 1 " ) 0 & Sec. 19-521. General provisions for buffers and screening. M (k) Except for buffers required by the board of supervisors as a condition of zoning or by the board of zoning appeals, the requirements for buffers required by Sec. 19-523.13. may be waived and/or modified during subdivision plan review and approval under any of the following conditions: 000 (3) Subsequent to preliminary plat approval or construction plan approval if a preliminary plat was not submitted, the director of transportation and the director of planning may administratively authorize modification to buffer widths adjacent to publicly funded collector or arterial road projects up to a maximum of 20 feet along an arterial road and 10 feet along a collector road to facilitate public easements and/or right-of-way. In no case shall the buffer width be reduced to less than 25 feet within which no easement encroachment is permitted. 000 Sec. 19-523. Buffer width and landscaping requirements. B. Buffers adjacent to roads for lot subdivisions. Unless otherwise specified, for property located within a lot subdivision, as defined in Chapter 17, the required width and planting density of buffers adjacent to roads shall be determined through this table. Within each of the designated areas, the left column represents the road classification, the middle column represents the required buffer width, and the right column designates the required landscaping to be provided within the buffer. Upper Swift Creek Special Buffer Area for [11 Pref ,,:,,^..., p14 Lot Subdivision approved after All other areas October 2007 Buffer Equivalent Buffer Equivalent Road Width Perimeter Road Width Perimeter Classification Landscaping Classification Landscaping [2][31 [2] [31 Residential 30 1.8 x B Residential Collector 30 1.8 x B Collector Collector 35 2.1 x B Collector 35 2.1 x B Arterial 100 3 x B Arterial 50 3 x B [1] For lots recorded on or after February 28, 2001. Lots recorded prior to that date shall comply with applicable conditions of development approval. [2] Post construction vegetation shall be equivalent to the multiplier times the Perimeter Landscaping B requirements of Sec. 19-518 of the Code. For buffer widths not specified, treatment shall meet the standards of the next highest buffer width and in no case shall it exceed 3 x B. 3 Required plantings may be modified or reduced as provided in section 19-521. 1928(05):93675.1 (C'(DC'S-1I"i 141 Sec. 19-526. Crossovers. (a) A crossover, as used in this article, shall mean any break in the median of a divided road. (b) Developers of all parcels or lots located at existing or proposed crossovers shall submit a plan which addresses access for the surrounding area to the director of transportation for approval, prior to approval of site plan, er preliminary plat or construction plan for lot subdivisions not submitting a preliminary plat ate. The director of transportation may require the owner(s) of such parcels or lots to provide shared access to adjacent properties by easements and/or public rights-of-way. e Sec. 19-551. Street frontage required --Residential and Agricultural. (a) Lots or parcels located within Residential or Agricultural districts shall be subject to the following street frontage requirements: (1) Unless otherwise specified in this chapter, any lot or parcel, used in whole or in part for dwelling purposes, shall have at least 50 feet of frontage on a street. (2) After February 27, 2001, for lots within a lot subdivision as defined in Chapter 17, the required frontage shall be at least 50 feet upon a local street provided that such frontage may be reduced to 30 feet on the bulb of a permanent cul-de-sac, at the radial terminus of a loop street, or on the flagpole portion of a flag lot. (3) Lots or parcels created through the family subdivision provisions of Chapter 17 shall have a minimum of 15 feet of frontage on a street. (4) Unless otherwise specified in this chapter, where lots are permitted to front on arterial, collector or residential collector streets, the minimum frontage shall be at least 50 feet and the number and location of driveways shall be approved by the director of transportation. (5) No lot or parcel abutting the terminus line of a public street shall be considered to have frontage unless it has frontage on a recorded cul-de-sac of at least 30 feet or is located along the terminus line of a stub street as defined in Sec. 17-85 of the Code, provided that the stub street is not anticipated to be extended and is approved as frontage, through the preliminary ^N miner- s..b4iv4 ie plat review process. 000 (2) That this ordinance shall become effective immediately upon adoption. 1928(05):93675.1 4 ro0 &8 Eo ® 1749 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: March 11, 2015 Item Number: 8.C.8.b. Subject: Set Date for Public Hearing to Consider the Ettrick VSU Special Area Plan Amendment County Administrator's Comments: County Administrator: Board Action Requested: Schedule a public hearing for April 15, 2015, to consider the Final Draft of the Ettrick VSU Special Area Plan Amendment. Summary of Information: Moving Forward ... The Comprehensive Plan for Chesterfield County identifies nine (9) special area plans that should be completed to provide additional detailed planning beyond the recommendations of the countywide plan. The Draft Ettrick VSU Special Area Plan is the first of these area plans completed since the adoption of the countywide plan, and is a result of a coordinated team approach. Staff from many different departments has worked diligently and cooperatively to identify improvements and recommendations that will enhance the Ettrick area into the future. Staff has also worked closely with leadership of Virginia State University to make sure the county's and the university's goals align. The Special Area Plans are designed to complement and provide further details over the guidelines in the countywide Comprehensive Plan. Therefore, this draft Plan is an amendment to the countywide plan, specifically, an amendment to Chapter 11 Special Area Plans. In addition, the draft plan recommends that new ordinances be adopted to implement the design guidelines outlined in the plan. These ordinances will apply to commercially zoned property as new development occurs within the plan geography. Preparer: Kirkland A. Turner Attachments: 0 Yes F-1No Title: Director of Planning #CM CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Summary of Information (Continued): Page 2 of 2 On February 19, 2014, the Planning Commission unanimously recommended approval of the Ettrick VSU Special Area Plan Amendment. The following attachments are included in this project: • Attachment A: Draft Ettrick VSU Special Area Plan (February 2015); including amendments to Chapter 15 Implementation, and Chapter 10 The Land Use Plan of the countywide Comprehensive Plan. • Attachment B: Amendment to Chapter 11 Special Area Plans of the countywide Comprehensive Plan. coo 1030 C0,0091 CHAPTER 11: SPECIAL AREA PLANS 11.1 ETTRICK VSU SPECIAL AREA PLAN Section 2: Concept Plan Section 2: Concept Plan 6 Section 4: Issues & Opportunities 12 Section 6: Design Plan 31 Land Use Plan Categories & Map 51 (Amends Ch. 10 of countywide plan upon adoption) Ettrick VSU Special Area Plan draft BOS Page 2 C, 0. 0 0, 9 CHAPTER 11: SPECIAL AREA PLANS 11.1 ETTRICK VSU SPECIAL AREA PLAN Section 1: Introduction Section 1: Introduction WELCOME TO ETTRICK Ettrick is located at the falls of the scenic Appomattox River just across from the City of Petersburg and adjacent to the City of Colonial Heights. It is one of Chesterfield County's oldest communities, and home to the county's only four-year university, Virginia State University (VSU), as well as the county's only passenger rail station, Ettrick Train Station. Ettrick Train Station accommodates passenger service to points north and south along the east coast, as well as east to the Hampton Roads area. Ettrick is also close to Interstates 95 and 85. Ettrick has gone through many changes since its founding. Many of the changes occurring today are driven by the expansion of VSU which has become an agent for new community and economic vitality. Together with Ettrick's location, natural resources and history, these factors provide the community with great potential for growth. A BRIEF HISTORY OF ETTRICK Ettrick began as the mid -18th century plantation home of Scottish merchant Neil Buchanan. Industries from Petersburg soon crossed the Appomattox River into Chesterfield County in the vicinity of Ettrick, beginning with a flour inspection station on Fleet's Hill, now part of the campus of Virginia State University. In 1810, a permit was granted to construct a bridge across the Appomattox River near the base of Fleet's Hill. The current bridge at this location still provides the only direct vehicular access between Petersburg and Ettrick. The first true urban residential settlement in Ettrick began in the 1830s and 1840s along what are now Main, Light, Pannill, Totty, Court and Jackson Streets. VIRGINIA STATE UNIVERSITY (VSU) Virginia State University (VSU) is an important force in Ettrick's economy and revitalization. The campus has been steadily expanding in both size and curriculum, and continues to be a major area influence on housing and service needs. Founded in 1882, VSU is the nation's oldest state -supported land grant college for African-Americans. The first president of the college, John Mercer Langston, was one of the best-known African-Americans of his day. Until 1992, he was the only African-American ever elected to the United States Congress from Virginia (elected in 1888). VSU is one of two land-grant institutions in the Commonwealth of Virginia, crowning a bluff above the Appomattox River with integrated modern and historic buildings. Three campus buildings are listed on the National Register of Historic Places, and eligibility of the entire campus as a historic district has been considered. Ettrick VSU Special Area Plan draft BOS Page 0.0 3 COMMUNITY IN TRANSITION Ettrick today is in transition. It has great potential for reinvestment in and revitalization of the community. The Ettrick VSU Special Area Plan recognizes this potential. HOW TO USE THIS SPECIAL AREA PLAN The Ettrick VSU Special Area Plan builds upon the framework of Moving Forward - The Comprehensive Plan for Chesterfield County. It supplements the overall goals and guidelines of the countywide plan with more detailed guidelines to assist in making decisions regarding new development and redevelopment in the area. STUDY AREA BOUNDARIES The Ettrick VSU Special Area Plan encompasses approximately one (1) square mile. It is bounded by the CSX railroad to the west, Dupuy Road to the north, the Appomattox River and the City of Petersburg to the south, and the City of Colonial Heights to the east. The area lies completely within the county's Matoaca Magisterial District. STAFF ANALYSIS CHAPTER 11: SPECIAL AREA PLANS 11.1 EITRICK VSU SPECIAL AREA PLAN Section 1: Introduction The Planning Department, in conjunction with other county departments, assessed conditions and performed land use and infrastructure analyses to anticipate development trends and needs in the area. The results were summarized and shared with public officials and interested citizens. These assessments and analyses, together with input from public officials and citizens, serve as the basis for the key findings and recommendations in this plan. Existing houses along Chesterfield Avenue zoned commercially, with potential for redevelopment. Ettrick VSU Special Area Plan draft BOS ae 4 COMMUNITY ENGAGEMENT This Special Area Plan was developed through dedicated, cooperative participation by county staff, citizens and other area stakeholders, Virginia State University, and elected and appointed officials. Staff met with these entities during the creation of this plan document to ensure that those most affected by this plan were provided many opportunities to help shape its outcome. THE ETTRICK VSU SPECIAL AREA PLAN TEAM CHAPTER 11: SPECIAL AREA PLANS 11.1 ET RICK VSU SPECIAL AREA PLAN Section 1: Introduction Z3 The Ettrick VSU Special Area Plan was drafted by p Y " 10, a team of county professionals assembled for the purpose of preparing a draft comprehensive Community engagement — included meetings with the plan amendment for the Ettrick community. This community at Ettrick Elementary School to discuss the draft is the product of the collaborative nature of a plan amendment. team -driven process. It involved the interests and expertise of team members at all points in the preparation of the document, including the document's form, format and content. THE ETTRICK VSU SPECIAL AREA PLAN GRAPHICS The Ettrick VSU Special Area Plan uses graphics to illustrate the concepts embodied in the goal, guidelines and text of the plan. These graphics are conceptual, and are used for illustrative purposes only. Their intent is to serve as examples of development that achieves functional and visual compatibility with the goal and guidelines of the plan. However, graphics are not intended to encourage any particular architectural style, or promote any specific development patterns or details, other than as embodied in the text of the plan or as may be required by ordinance amendments. Conceptual perspective of Chesterfield Avenue redevelopment for vertically integrated commercial and residential uses. Ettrick VSU Special Area draft BOS.._._......._..._._._........�....�......_�._�.m..��..�...._._......... ._.....__..__.._.._......-_.. �....__.. �—._..__...............�.� .�.�.�.�.�.�w�_�.�.�_...._..��..� p f Page 5 0-°0095 CHAPTER 11: SPECIAL AREA PLANS 11.1 ETTRICK VSU SPECIAL AREA PLAN Section 2: Concept Plan Section 2: Concept Plan GOAL OF THE ETTRICK VSU SPECIAL AREA PLAN: ETTRICK IS A PLACE WHERE RESIDENTS, BUSINESSES AND VIRGINIA STATE UNIVERSITY WORK AND LIVE TOGETHER TO PROMOTE A NEW, URBAN -STYLE, BICYCLE AND PEDESTRIAN FRIENDLY ENVIRONMENT THAT TAKES ADVANTAGE OF THE COMMUNITY'S UNIQUE ECONOMIC DEVELOPMENT OPPORTUNITIES, RICH HISTORY AND NATURAL RESOURCES. ETTRICK TODAY Development in Ettrick is characterized by single use, one- and two-story buildings — residential, retail, office and public/semi-public uses (a fire station, an elementary school, churches and Virginia State University). Limited street amenities consist of narrow sidewalks, on -street parking and street lights both high intensity and pedestrian scale. Chesterfield Avenue — looking south from the vicinity of Poine Street. ETTRICK TOMORROW The development pattern of Ettrick is anticipated to change, especially given VSO's construction of a multi-purpose facility along the south line of East River Road and plans for mixed use multi -story development along the northeast line of Chesterfield Avenue. It is anticipated that with the growth of the university there will be an increased demand for private sector services such as retail, personal services and additional housing. The residential areas north of River Road, south of Dupuy Road and east of Loyal Avenue consisting partly of College Parks and Laurel Branch Farms subdivisions, as well as the residential areas generally east of Randolph Farms and west of Pannill Street and Rutledge Avenue, are proposed to be characterized by residential development of 2 (two) to 4 (four) units per acre, much like Ettrick VSU Special Area Plan draft BOS P 6 CHAPTER 11: SPECIAL AREA PLANS 11.1 ETTRICK VSU SPECIAL AREA PLAN Section 2: Concept Plan the existing development patterns. However, under certain circumstances the plan does support higher density residential development in these areas. The area along Orange Hill Avenue is suggested for redevelopment of higher density residential uses at a density of 8 (eight) to 12 units per acre. Conceptual perspective of potential redevelopment of Chesterfield Avenue for on integrated mix of housing and retail. Areas along Chesterfield Avenue, East River Road and Granger Street are anticipated to redevelop for a mix of retail, personal services and higher density residential uses. Each area will have different development design characteristics. It is anticipated that the area surrounding the Ettrick Train Station and the area at the intersection of East River and Dupuy Roads will be developed for more typical suburban type retail uses and for uses that support rail travelers as well as the immediate community. Along Chesterfield Avenue, in addition to retail and personal service uses, the plan suggests integration of higher density residential development in multi -story buildings. Each of the retail and mixed use areas are proposed to be designed to reduce dependence upon automobiles through the provision of bicycle lanes, wide sidewalks, pedestrian crosswalks, and streetscaping amenities. Entrances to buildings should front streets, with off-street parking located to the rear of buildings and the interiors of blocks. Connections with the surrounding community will be encouraged, to include pedestrian and bicycling amenities. This mixed use development pattern should be characterized by retail, office and residential development densities that are higher than the densities of traditional suburban development. However, parking requirements should be less than with suburban development, as dependence on the automobile is anticipated to be reduced, and parking areas may be shared between different types of uses. As development densities increase, mass transit (bus, van, etc.) becomes more feasible. __...._...._......_...._.._.._.__....__..._._._ ....._.a..._ Ww _....._.._.........__ ._ m� � ...... ............ .... ........ ................-------------------- _--- Ettrick VSU Special Area Plan draft BOS Page 7 " 143G 13 5 7 cn Z Z Q Q J � W <( C w Q Q Q J W Q a V V) LU a N c/7 � � v w W a H Q r,y = H U a m a^D i m d O � i 'r- n Ldi 1 d0. m' c 0 GJ m u _ G j m vii r Q O + ° = t7 Q CL 0 V u. as rira lip " 'a, �� °Y �f +, ¢ u aarr ti vm �a w��a+� W1�° Cnul wN�i d� n! hr� �,�jY9riaeY 'N.rJ� y� m� llapol i�u, 44 o pv Y� iffif:4 �i�J��pb IVE MP ,d ✓" Td / l C3 � IX C lie, r C WC pal,to t"9�Vvv' y/ �µ/ e 1 w, b ma' n,+ I, O N Oh +^ If +P off tr�a "a r"a'a �. �(^'''. q Me"� �X �+War o 96 �i. m - O +Q m OA a CL a ,. m. a a s4 ~ a w v o H c a d ani cC c _..... ar c ar �aai m y'�aaf C m Li i V O CHAPTER 11: SPECIAL AREA PLANS 11.1 EITRICK VSU SPECIAL AREA PLAN Section 3: Guidelines Section 3: Guidelines ➢ Partnership with VSU. Partner with VSU to integrate and facilitate the university's expansion plans into the larger community. ➢ New Development Standards. Adopt new development standards that create an urban -style, integrated mixed use environment in Ettrick, as outlined in the Design Plan included in this plan. • Promote urban -style development along Chesterfield Avenue patterned on the VSU Foundation mixed use site. • Promote higher density residential development along Orange Hill Avenue that complements the mixed use development pattern recommended for Chesterfield Avenue and provides transition to existing single family neighborhoods to the west. • Promote development around the Ettrick Train Station that supports rail travelers and the community while complementing the development pattern recommended for Chesterfield Avenue. ➢ Mixed Use Development. Encourage vertically integrated commercial and residential mixed uses, in conformance with the land use plan. ➢ Aggregation. Encourage the aggregation of property along Chesterfield and Orange Hill Avenues, and around the Ettrick Train Station, during the rezoning and site development processes to better facilitate the development patterns recommended by this plan. ➢ Streetscapine. New developments along Chesterfield Avenue, Main Street, Bessie Lane, and East River Road, east of Bessie Lane, should incorporate features such as bicycle and pedestrian facilities, pedestrian -scale street lighting and signage, landscaping, and other similar amenities. Conceptual illustration of Chesterfield Avenue's potential for redevelopment, using new development standards patterned on the VSU Foundation mixed use site. Ettrick VSU Special Area Plan draft BOS Page 9 C I'D- Conceptual ' CHAPTER 11: SPECIAL AREA PLANS 11.1 ETTRICK VSU SPECIAL AREA PLAN Section 3: Guidelines ➢ Waterfront Access. Obtain easements and/or property to increase public recreational access to the Appomattox River. ➢ Economic Development. Promote job creation and economic development opportunities that take advantage of, and compliment, VSO's education and research focus. ➢ Tourism Opportunities. Capitalize on tourism opportunities by promoting Summerseat, VSU, the Appomattox River and Ettrick's history, as well as Ettrick's proximity to historic Petersburg and Matoaca Village, as destinations for visitors. Rights -of -Way and Easements. Obtain sufficient rights-of-way and easements to accommodate on - street parking and bicycle and pedestrian amenities, where appropriate. ➢ Vehicular Accessibility into Area. Work with the City of Colonial Heights, the City of Petersburg, and local, regional and state agencies to enhance vehicular accessibility into the Ettrick area. Transportation Network. Improve the transportation network to enhance access that accommodates community and university expansion, activities and events. ➢ Bicycle and Pedestrian Amenities. Support the construction of bicycle and pedestrian amenities as part of development proposals, and as well as in conjunction with larger scale, coordinated public projects. ➢ Stormwater System Improvements. Upgrade and install an improved stormwater management system along Chesterfield Avenue to facilitate development suggested by this plan. ➢ Wastewater System Improvements. Upgrade the wastewater system along Chesterfield Avenue to facilitate development suggested by this plan. ➢ Civic Group Formation. Pursue the formation of a business, resident and university representative volunteer association to foster investment, represent community concerns and communicate effectively with local, regional and state agencies. Funding of Improvements. Pursue funding and partnerships with VSU to provide infrastructure that serves both community and university needs. ➢ Ettrick Train Station and Surrounding Economic Development. Reserve and market areas around the Ettrick Train Station for economic development that supports the university, area neighborhoods and rail passengers. ➢ Ettrick Train Station, Support Service. Support continued passenger rail service, including multi -modal access that serves the Ettrick Train Station. Ettrick VSU Special Area Plan draft BOS Page 10 1c CHAPTER 11: SPECIAL AREA PLANS 11.1 ETTRICK VSU SPECIAL AREA PLAN Section 3: Guidelines ➢ Ettrick Train Station Access. Work with CSX Railroad and the university to create an enhanced and attractive vehicular, bicycling and pedestrian -friendly access to the train station. Partner with CSX to improve public safety and security along the tracks and around parking lots. Residential Enhancement Plans. Develop detailed revitalization plans to promote area enhancement and stabilization. ➢ Proactive Code Enforcement. Stabilize neighborhoods and business areas through continued proactive code enforcement. Police Presence. Increase law enforcement visibility within the community by moving the Ettrick Policing Office from Ettrick Park to an appropriate location along Chesterfield Avenue. Ettrick Elementary School. Relocate Ettrick Elementary School to a new facility outside the boundaries of the Ettrick VSU Special Area Plan. ➢ Historic Designation. Encourage local, state and national historic designation for the Summerseat structure once an appropriate use for the structure has been identified by the county, VSU and/or another entity. Y Incentivize Development. Consider incentives to encourage development of multi -family and/or condominiums as part of vertically integrated, mixed use projects that conform to the development pattern promoted by this plan. ➢ Job Creation. Consider opportunities to create jobs by supporting the development of a technology/research park in proximity to VSU. Ettrick VSU Special Area Plan draft BOS Summerseot Page 11 "� 01 CHAPTER 11: SPECIAL AREA PLANS 11.1 EITRICK VSU SPECIAL AREA PLAN Section 4: Issues & Opportunities Section 4: Issues & Opportunities EXISTING ZONING The Ettrick VSU study area is zoned for a mix of single family residential, commercial and industrial uses. In some cases, existing zoning is in direct conflict with uses recommended by this plan. Portions of the area generally bounded by Chesterfield Avenue, Granger Street, East River Road and the railroad tracks are identified as a gateway to the Ettrick community and Chesterfield County. This area should have high quality design standards that give visitors a positive impression of the Ettrick community, VSU and the county, and that support development which provides goods and services to rail travelers, visitors, nearby residents and VSU students, faculty and staff. The existing General Business (C-5) and Light Industrial (1-1) zonings within this area are in conflict with the plan's vision of a gateway area consisting of a variety of neighborhood and community commercial uses. Also, much of the Chesterfield Avenue corridor is zoned for a mixture of Neighborhood Business (C-2), Community Business (C-3) and General Business (C-5) uses. While the C-2 and C-3 uses would generally support the recommendations of the plan for neighborhood and community commercial development, the C-5 zoning is not consistent, nor do any of these zoning classifications allow by right integrated higher density, residential and commercial mixed uses, or require development to occur in a pedestrian and bicycle friendly pattern supported by this plan. VSU Ettrick VSU Special Area Plan r� Zoning r. ek Tra in SdaYon &Gateway Busin oss Area Chesterfield kenue northeast r l Chesterfield 4anue southwest legend CM City Of ` ! Colordal/ Heights ° vvw A.-, ,/ Randolph legend CM `het Farm'-� lil Ettrick VSU Special Area Plan focus areas A �.- eHll.. r .�� Orange dor rd 9 Ave G2 ...._._.naC �iliG3 City of IM G5 Petersburg 1-1 0-1 0 1,000 2,000 0-2 R-12 Feet R-7 P)YY/� R -MF Ettrick VSU Special Area Plan draft BOS Page12 C11 "` CHAPTER 11: SPECIAL AREA PLANS 11.1 ETTRICK VSU SPECIAL AREA PLAN Section 4: Issues & Opportunities Two parcels along the railroad tracks south of Chesterfield Avenue and behind (west of) Ettrick Elementary School are zoned Community Business (C-3) and Light Industrial (1-1). These parcels have access limitations due to the proximity of the elevated bridge crossing over the CSX railroad, by the CSX railroad tracks, by the existing Ettrick Elementary School site, and by nearby single family residential development. Such limitations would challenge development for any kind of commercial or industrial use. The plan recommends these parcels for residential development that compliments nearby neighborhoods. NEIGHBORHOODS IN TRANSITION The neighborhoods along the principal roads of Ettrick are developed for a mix of residential, commercial and public/semi-public uses. It is anticipated that development along these roads will change over time to higher density multi -family, condominium, or mixed-use developments, as has occurred in other communities experiencing redevelopment and revitalization. Left is an example of a neighborhood in transition from single-family residential (foreground) to higher density residential, commercial and mixed use development (background). The neighborhood in this example is located in Richmond, Virginia, in the vicinity of a new mixed use development at the intersection of West Cary Street and South Meadow Street which is called the Lofts at Cary (see pages 34 and 35 for information about this project). Some neighborhood from the other end of the block: mixed use and apartments (foreground) and single- family residences (middle). The next two (2) blocks (background) are developed for two-story apartments. Ettrick VSU Special Area Plan draft BOS Page 13 ' E CHAPTER 11: SPECIAL AREA PLANS 11.1 ETTRICK VSU SPECIAL AREA PLAN Section 4: Issues & Opportunities Existing zoning and development in Ettrick can present challenges to achieving the desired pattern of pedestrian oriented mixed use. In some cases, where properties are already zoned commercially and have developed for commercial uses, they have not developed to the standards envisioned by this plan. In other cases, single-family uses are located on commercially zoned property, and these may be converted to commercial uses under certain circumstances, though at a lesser standard of development than normally associated with commercial uses in Chesterfield. Chesterfield Avenue, looking north from the vicinity of Main Street: Most properties are zoned commercially. However, many are developed for single-family residences, interspersed with commercial uses having minimal development standards. Chesterfield Avenue: Existing single- family residence zoned commercially that has been redeveloped for a commercial use. Ettrick VSU Special Area Plan draft BOS Page 14 aye.- CHAPTER 11: SPECIAL AREA PLANS 11.1 ETTRICK VSU SPECIAL AREA PLAN Section 4: Issues & Opportunities Current zoning ordinances applicable to commercially zoned properties along East River Road, Granger Street, Bessie Lane and Chesterfield Avenue allow for single use, single story commercial and office development with minimal development standards, but not multi -family residences. New development standards, as recommended with this plan and outlined in this document, would require multi -story buildings (a minimum of two stories) and urban design features, for new commercial and office development. Conceptual perspective of potential redevelopment of Chesterfield Avenue for an integrated mix of multi family housing, commercial and office uses along the northeast side of the road (left side of graphic) modeled on the VSU Foundation mixed-use development pattern, and for two (2) story commercial and office uses along the southwest side of the road (right side of graphic) based on existing zoning and new development standards. However, vertically integrated development that incorporates multi -family uses in addition to commercial and office uses would require rezoning to allow multi -family residences. Conceptual perspective of potential redevelopment of Chesterfield Avenue for an integrated mix of multi family residences, commercial and office uses on both sides of the road. Ettrick VSU Special Area Plan draft BOS.......µ_..__....n__.._..m...._.............................. ..... ..-........... _.................. _.... ._.......... _..._....... _.. ------- ..m...m.._.__. _._... Pag...._.._....- e15 EXPANSION OF VIRGINIA STATE UNIVERSITY The expansion of VSU as reflected in the university's master plan will transform that portion of Ettrick controlled by the university into an urbanized, higher density mixed-use environment, and thereby change the fundamental character of much of Ettrick. The university's planned increases in enrollment will generate additional demand for housing and commercial services in the area surrounding the campus. CHAPTER 11: SPECIAL AREA PLANS 11.1 EITRICK VSU SPECIAL AREA PLAN Section 4: Issues & Opportunities VSU Multipurpose Center SeMffia amµaCity of a0JX0xn1Ut0Y 5,100 fv'parting rwents, and 6,100 far staV "Onts and MIC"" Otlicml��rwareaaV on fs€ flawr 62 aµan"Whts above Currently, many of the university's students and faculty reside outside of Ettrick and in other jurisdictions. The guidelines outlined in this plan will promote more housing to meet future housing demand, as well as more housing choices, within the plan geography and in proximity to the university. Besides the 180 -acre main campus, VSU owns and operates Randolph Farm, a 400 -acre agricultural research facility. Randolph Farm, which is physically separated from VSU's main campus, is used by VSU's School of Agriculture. The School of Agriculture offers a Bachelor's Degree with concentrations in Agriculture Business and Economics, Agriculture Education, Animal Science and Pre -Veterinary Medicine, Aquatic Science, and Plant, Soil and Environmental Science with specialties in Horticulture and Soils. About 100 acres of Randolph Farm is located within the boundaries of the Ettrick VSU Special Area Plan The university continues to expand, with plans to increase on- and off -campus enrollment, improve campus infrastructure and build new facilities. A master plan to guide this growth and expansion was adopted by the university in 2007. The master plan recommends partnerships with Chesterfield County to support and enhance on- and off -campus growth. Recommendations include development of new buildings and grounds, additions and renovations to existing spaces, and overall enhancements to improve on -campus academic and cultural life centered on a pedestrian -friendly environment. VSU is currently updating its master plan and anticipates completing this update early in 2015 Currently, VSU is building a new multi-purpose center with a seating capacity of up to 7,000 along East River Road. Recent additions to the campus include new dorms, and the university has plans for developing mixed use buildings along Chesterfield Avenue. In particular, many of the properties along the northeast line of Chesterfield Avenue have been purchased by either VSU or the Visitors of Virginia State University (the VSU Foundation), which intend to redevelop the northeast line of the Chesterfield Avenue corridor for an integrated mix of housing and retail. While VSU is exempt from county requirements, any development by other, private entities are subject to county approval. _.........n....._..._._...__........_W_._.._..._.....w_.m .... _ ... ....__._._._..-...................._.............._._...._ _ _.. _..... ._ _ _ _._ .._. w_......w__.._...._._._...._.._............w__.._._ ...�..__..._....__, Ettrick VSU Special Area Plan dratfPage a e 16 'tom : G CHAPTER 11: SPECIAL AREA PLANS 11.1 ETTRICK VSU SPECIAL AREA PLAN Section 4: Issues & Opportunities VSU has been awarded a $3.25 million grant from the U. S. Department of Labor to develop an education and career training program to prepare a workforce for careers in building and maintaining the nation's wireless networks. This program will be only one (1) of two (2) such programs in the country, and will be designed to fill a growing need for a skilled workforce in this sector in the communication industry. The U.S. Department of Defense has also awarded VSU a $485,616 grant to establish a next -generation DNA sequencing system at VSU to support research in genomics. Once established, a state-of-the-art facility will benefit other researchers at VSU by significantly improving the research capability in genomics and facilitating interdisciplinary research among biology, agriculture, computer science, mathematics and engineering. The U.S. Department of Agriculture's National Institute of Food and Agriculture (NIFA) has awarded Virginia State University's Agricultural Research Station a three (3) year grant of $298,849 to explore sustainable ways for farmers and municipalities to manage wastewaters in an effort to reduce environmental and economic impacts of wastewater discharges, especially to the Chesapeake Bay fishing industry. Wastewater for the pilot will be provided by the South Central Wastewater Authority in Petersburg and Chesterfield County and the Virginia Utilities Department. Il TO The Ettrick VSU area should be promoted for tourism that capitalizes upon its existing and developing assets. These include the Appomattox River, the new VSU multi-purpose center under construction along East River Road and the Ettrick Train Station. The train station and areas along the river should be enhanced with a mix of private and public improvements as identified in this plan. In addition, Ettrick's proximity to historic Petersburg and Matoaca Village enhances opportunities for developing tourism venues in this part of the greater metropolitan area. PARKING The urban -style redevelopment of Ettrick will bring with it the challenges of vehicular accommodation typically associated with other such communities. With the exception of Chesterfield Avenue, which has on -street parking, area roads are constrained by existing development, limiting opportunities for additional on - street parking. In addition, current ordinances do not Appomattox River at Campbell's Bridge. Parallel parking along Chesterfield Avenue. _._� �.�_....... .. ..�........_�_.. �......... f.......-W.__m�m�_. Ettrick VSU Special Area Plan drat BOS Page 17 01 101 `-) 0 7 CHAPTER 11: SPECIAL AREA PLAINS 11.1 ETTRICK VSU SPECIAL AREA PLAN Section 4: Issues & Opportunities require on-site parking for commercial uses, or for office uses under 5,000 square feet in area. The urban density and pattern of development being established in, and recommended for Ettrick, require new ways of thinking about the level of parking convenience to be expected. Sidewalks along Chesterfield Avenue. Utility poles along Chesterfield Avenue. ECONOMIC DEVELOPMENT AUTOMOBILE, PEDESTRIAN AND BICYCLE CIRCULATION, INFRASTRUCTURE AND AMENITIES Automobile, pedestrian and bicycle infrastructure is inadequate to serve existing and anticipated higher density development. At the same time, the community is largely developed, with narrow streets and minimal or no building setbacks, thereby constraining improvements to existing infrastructure. This plan recommends bicycle facilities, wide sidewalks, and streetscaping amenities, which should primarily be installed as new development occurs. Installation should include a combination of public and private funding. UTILITY POLES Utility poles, prevalent along area roads, detract from the aesthetics of the community, especially along Chesterfield Avenue. Relocating utility poles or burying lines underground is expensive, and most likely would have to occur on a comprehensive basis rather than on a piecemeal basis. In general, above ground utilities will not inhibit the installation of street amenities, but they must be taken into account in the design of the amenities. As development occurs, opportunities to relocate or bury utilities will be considered. Ettrick is currently underserved by commercial services normally found surrounding large universities. This plan promotes commercial development along Chesterfield Avenue and East River Road that supports the needs of the community and VSU, as well as attracting and serving customers from surrounding communities and adjacent jurisdictions. Given the presence of VSU, this plan supports opportunities to promote development of research and technology jobs, should VSU or the private sector wish to develop a technology/research park in the Ettrick VSU Special Area Plan draft 805_.__......_._.._._..._._........_.............._.........._._..._..__.___________ . _.._........ ....._...__._ m.. ..w..... -page 18 C D, G. CHAPTER 11: SPECIAL AREA PLANS 11.1 ETTRICK VSU SPECIAL AREA PLAN Section 4: Issues & Opportunities area. Such a facility would be uniquely positioned to: take advantage of, and compliment, VSU's education and research focus; provide infrastructure and support services for businesses, including office space; promote cooperation between public (university) and private research, as well as technology transfers; and support the commercial and housing development recommended by this plan to serve the needs of employees. It should be noted that VSU is currently one (1) of four (4) Virginia universities that has partnered with the Virginia Commonwealth Center for Advanced Manufacturing (CCAM). CCAM is an applied research center that bridges the gap between university research and product development, accelerating the transition of research innovation from the laboratory to commercial use. CCAM is the only collaboration of its kind in North America, pooling resources to pursue university research authorized by member companies. VSU has agreed to work closely with CCAM on the hiring of faculty and research faculty in areas related to advanced manufacturing. These faculty members will work exclusively at CCAM and be dedicated to membership research priorities. Potential sites for a technology/research park could include: the Ettrick Gateway Business Area identified in this plan in vicinity of the Ettrick train station; the Ettrick Elementary School site and surrounding area; and the eastern portion of Randolph Farm located within this plan geography. ETTRICK TRAIN STATION Unique to the area is the county's only passenger rail station which normally serves 10 passenger train arrivals and departures a day. In 2013, the station accommodated 27,988 travelers. The plan supports the enhancement of this facility to better reflect its status as a gateway into the county. The plan recommends commercial uses surrounding the train station in this Gateway Business Area. The Tri -Cities Area Metropolitan Planning Organization has contracted with an engineering consulting firm to undertake a study under the National Environmental Policy Act (NEPA) to assess the feasibility and potential environmental impact of building a new rail station to accommodate travelers on a high- speed rail service in the future. Possible locations included in the study are the existing Amtrak station in Ettrick (Petersburg Train Station) as well as other sites in Chesterfield, and sites in Petersburg and Colonial Heights. FORT LEE Another potential asset is Fort Lee, which is situated alongside the Tri -Cities of Virginia — Petersburg, Colonial Heights and Hopewell — as well as the counties of Chesterfield, Dinwiddie and Prince George. Within the past decade, Fort Lee has experienced expansion and base modernization, with a budget of more than $1.2 billion, and has grown in population, much of which is due to the realignment of military organizations from other parts of the nation. The daily population of Fort Lee averages about 34,000 and includes members from all branches of the military service, their families, government civilians and Ettrick VSU Special Area Plan draft BBS Page 19 C CHAPTER 11: SPECIAL AREA PLANS 11.1 ETTRICK VSU SPECIAL AREA PLAN Section 4: Issues & Opportunities contractors. Furthermore, as many as 70,000 troops pass through Fort Lee's classrooms each year, making it the third largest training site in the Army. Fort Lee's estimated economic output is a major portion of the gross domestic product of the region, generating more than $124 million in state and local taxes and accounting for nearly 28,000 jobs including military personnel, Department of Defense civilian employees and on -post contract employees. Opportunities to provide housing and services to serve this population are encouraged in Ettrick with this plan amendment. HISTORIC RESOURCES There are several historic structures along, and in the vicinity of, Chesterfield Avenue located in areas zoned commercially. Retention of historic structures in such areas may be appropriate if the property owner wishes to incorporate such structures into the recommended and anticipated development or redevelopment pattern suggested by this plan. Other structures are located in areas zoned residentially and suggested by the plan for higher density residential uses. Such structures are appropriate for adaptive reuse for increased residential density if the property owner wishes to retain the structure, is willing to have the structure designated as a county historic landmark, and can mitigate the impacts of higher density residential development on surrounding properties. Built around 1860, Summerseat is located at the highly visible intersection of Granger Street and Chesterfield Avenue, and is thought to have been the seat of the local county magistrate during the summer months. The main floor periodically served as a courtroom, and persons awaiting trial or detention were kept in the basement. County: Early Architecture and Historic Sites. The structure is listed in O'Dell's Chesterfield Summerseat is currently owned by VSU. The university is working with the county to seek an appropriate adaptive reuse of the site such as a local museum or a welcome center. This effort is being headed by the County Administrator's office, which is working with other county staff, VSU, the Chesterfield Historical Society and Preservation Virginia to explore and develop options to preserve Summerseat. Ettrick VSU Special Area Plan draft BOS Page 20 RIVERFRONT ACCESS The comprehensive plan identifies a system of linear trails along, and water access to, the Appomattox River. The county and VSU have plans to develop public recreational access along the Appomattox River, and have partnered to create a trail head and a first phase pedestrian and bicycling trail system along a portion of the Appomattox River in the vicinity of the Ettrick Cemetery. A linear system of pedestrian and bicycling trails, as well as other infrastructure, would make accessible for the public's enjoyment of the natural, cultural and historic resources located along the river, as well as promote recreational and tourism benefits. CHAPTER 11: SPECIAL AREA PLANS 11.1 ETTRICK VSU SPECIAL AREA PLAN Section 4: Issues & Opportunities Appomattox River. To achieve this, property or easements may need to be acquired. The county, VSU and private owners continue to work together regarding this effort. In addition, the county and VSU are exploring ways to partner with organizations such as Friends of the Lower Appomattox River (FOLAR), and with Petersburg and Colonial Heights, to promote access to the river. Trails need to incorporate public safety aspects in their design, including access to the river for emergency services personnel, vehicles and equipment. FUNDING FOR RECOMMENDATIONS Many of the infrastructure recommendations within this plan are constrained by public funding availability. Wherever feasible, partnerships will be explored to share the costs of recommended improvements. In addition, the county should pursue funding through grants and programs, as well as through incentive packages that would have wider application countywide. INCENTIVES Redevelopment of improved property is more difficult and expensive than building on unimproved lands. In order to encourage redevelopment, various incentives should be considered that would offset some of the additional costs borne by developers in these areas. These incentives should be used to facilitate developments suggested by the Comprehensive Plan. Incentives will be considered during the development of each of the Special Area Plans identified in the Comprehensive Plan. The county could consider a number of possible incentives for encouraging the pattern and density of development recommended by this plan. Incentives should focus on development that incorporates housing into vertically integrated, mixed use projects that serve to encourage redevelopment and/or revitalization of communities that are in transition, and that accomplish one or more of the following: o Promote New Urbanism, Compact Growth, Land Conservation or similar initiatives, where such initiatives are determined appropriate; Ettrick VSU Special Area Plan draft BOS Page 21 CHAPTER 11: SPECIAL AREA PLANS 11.1 ETTRICK VSU SPECIAL AREA PLAN Section 4: Issues & Opportunities o Promote neighborhood and community revitalization, in areas where it is desirable to encourage new development designed to stimulate revival of declining or deteriorating neighborhoods and communities; o Promote economic development in areas where it is desirable to promote existing economic development opportunity sites and new economic development opportunities in older, developed areas; o Promote economic revitalization, in areas where it is desirable to introduce, or reintroduce, a variety of housing opportunities, jobs and commercial services within, or in proximity to, existing neighborhoods and communities. Such incentives could include the following, some of which already exist under state and county law and some of which could be considered as a part of land use approval: o Reduction in Planning Department fees o Property/real-estate tax incentives o Reduction in proffers o Density bonuses o Creation of special tax districts o Reduction in BPOL taxes for commercial in revitalization areas o Tax abatements for revitalization/redevelopment projects Any such incentives would have wider applicability for similar areas and development patterns in other parts of the county as encouraged by this plan. CIVIC GROUP FORMATION During the development of this plan amendment, it became apparent that communication between the different civic entities in Ettrick could be improved. Staff supports the formation of a community group that should consist of representatives from the neighborhoods, churches, businesses, Virginia State University, CAPAAMMD (Civic and Political Action Association Matoaca Magisterial District) and other significant local associations. This group should be organized initially by county staff until such time as the group can function independently or approximately one year. This group should advocate on the behalf of the Ettrick community regarding such things as social issues, new development, university interactions, and other community improvements as identified by the group. This group could be used to report community issues to county staff and officials for assistance. An example of a similar group in the county would be the Jefferson Davis Association. Ettrick VSU Special Area Plan draft BOS Pa e CHAPTER 11: SPECIAL AREA PLANS 11.1 ETTRICK VSU SPECIAL AREA PLAN Section 5: Infrastructure Section 5: Infrastructure TRANSPORTATION Existing Development and Traffic Generation The Ettrick VSU Special Area Plan study area currently includes approximately 500 residential units, the VSU campus which currently serves approximately 5,900 students, and approximately 55,000 square feet of off -campus commercial development. Based on traffic counts for the University, and using typical trip rates for the off -campus developments, it is estimated that the plan area currently generates approximately 12,395 average daily trips (1,300 trips during the AM Peak Hour, and 2,470 trips during the PM Peak Hourl. VSU plans to expand its enrollment to 10,000 students by approximately 2020. The off -campus development recommendations of this plan at build -out could result in approximately 500 additional residential units, and 425,000 square feet of additional commercial development, mostly in smaller retail establishments of 10,000 square feet or less. The expansion of VSU and the build -out of off - campus areas could generate an additional 67,155 average daily trips (2,655 additional trips during the AM Peak Hour, and an additional 6,980 trips during the PM Peak Hour). Due to the unique character of a university setting, estimating trip generation is difficult. Typically, many of the trips generated by residential uses are to and from places of employment. In the case of the study area, university staff and students are anticipated to occupy many of the off -campus residential units, resulting in these trips remaining within the community. In addition, there will be the potential for a considerable amount of pedestrian and bicycle travel in lieu of the automobile. Transportation Infrastructure The Ettrick VSU area is served by a diverse transportation infrastructure to include roads, sidewalks, and rail and transit service. Enhancements to these existing facilities would provide residents, the elderly, the disabled and VSU students with ease of movement into, out of, and within the area. The Thoroughfare Plan, a component of the Moving Forward... The Comprehensive Plan for Chesterfield, designates three (3) 70 foot wide right-of-way collector roads in the Ettrick VSU area: • Chesterfield Avenue • East River Road • Granger Street and Dupuy Road as a 90 foot wide right-of-way major arterial. A major project is currently underway to widen East River Road to a four -lane roadway with a raised median, install a 10 foot wide sidewalk along the south side, install a traffic signal at the Matthews Ettrick VSU Special Area Plan draft BOS P e.2 Drive, Jefferson Drive and Sheffield Place intersection, and install pedestrian crosswalks and handicap -ramps at several locations. There are no public improvements currently programmed for either Chesterfield Avenue or Dupuy Road within the study area. This plan proposes that Orange Hill Avenue which parallels Chesterfield Avenue one block to the west be extended from its current terminus at Randolph Street to Main Street as redevelopment of that area occurs. Such an extension will result in a grid street system typically found in urban settings. Most all of the roads in the county, including roads within the Ettrick VSU Plan area, are managed and maintained by the Virginia Department of Transportation (VDOT). Therefore, proposed accesses and road improvements must adhere to their standards and specifications. A VDOT maintenance agreement will be required for any improvements that are deemed to be private within rights of way. Ettrick Train Station The Ettrick Train Station is owned by the CSX Railroad and the current facility was built in 1955. Structures on the site include the active station building, the railroad platform and warehouse. The station serves the Tri -Cities region and beyond by providing a local stop for passenger rail service to points north and south along the 1-95 corridor and now has new service to the east connecting with Norfolk. This station is centrally located in the Tri -Cities region with over 100,000 people living within six (6) miles of the station. Currently Ettrick Train Station platform. the train station serves approximately 28,000 riders annually. Since 2002, ridership has increased by about 70%. Ridership is expected to continue to increase with the continuation of the new Norfolk Rail Service, and with eventual implementation of Southeast High Speed Rail. CHAPTER 11: SPECIAL AREA PLANS 11.1 ETTRICK VSU SPECIAL AREA PLAN Section 5: Infrastructure East River Road widening project. ...m.�......�.�.�..�.�....� ..�..�._.....�.�.�....__..._...... ...... ..... _ ._.�....Ettrick VSU Special Area Plan draft BOS�a w 4. � I� CHAPTER 11: SPECIAL AREA PLANS 11.1 EITRICK VSU SPECIAL AREA PLAN Section 5: Infrastructure The Ettrick Train Station is a hub for regional and nationwide rail destinations. The station is less than a mile from VSU and provides an important transportation link for the students. The VSU student body is predominantly composed of students whose families live within convenient access to the trains operated by AMTRAK along the eastern seaboard. The station is also located less than eight (8) miles from Fort Lee. Fort Lee has undergone a massive expansion with the Base Realignment and Closure Act and has a daily population of about 34,000. The close proximity of the train station offers a convenient transportation option to military personnel and visitors to Fort Lee. The growth of VSU, redevelopment of Ettrick and the new train service to Norfolk is increasing the ridership at the existing train station. The existing platform is in conflict with the track expansion proposed with the Southeast High Speed Rail project. To meet these near-term and long-term needs, improving the existing station is required. Improving the Ettrick Train Station should include construction of a new station, expansion of the parking area, provision of bus circulation and pick- up/drop-off lanes, and construction of a new platform. The county continues to seek available funding for these improvements. With the current transit services in this area, the recommended Plan improvements for pedestrian and bicycle facilities, and the enhancements necessary to the station, the train station area will be transformed into a much improved multimodal center. Petersburg Area Transit (PAT) As noted in Moving Froward, the Ettrick VSU area is served by Petersburg Area Transit bus service that links the VSU campus to downtown Petersburg and Colonial Heights. Additional information regarding this service can be found in Chapter 13: Transportation of the Comprehensive Plan. Pedestrian Amenities Existing pedestrian amenities in Ettrick should be improved and/or expanded to serve current and anticipated development. The current development pattern, which is characterized by narrow streets and shallow or no setbacks for buildings, presents challenges to improving or widening existing roads. However, to the greatest degree practicable, as development and redevelopment occurs, sidewalks and crosswalks should be installed to facilitate pedestrian access and Pedestrian & Bicycling Circulation Flan VsU Rafld + 47 rwm k/EW f'CiNYt}' US Legend wn� N*94- B� 'Vdfinq F—ft. VSU ebn, nPOOpmy Note: the pedestrian/bicycling circulation pattern would be subject to the exact layout of roads, as these may change with redevelopment. Ettrick VSU Special Area Plan draft BOS-.__.��.._.._.._.._..._.__............._..._-..___..._.__.__�.�......_.....__.._._.m...._.._...�_.w...�w..�.w_w�w._................._.Page 25. CHAPTER 11: SPECIAL AREA PLANS 11.1 ETTRICK VSU SPECIAL AREA PLAN Section 5: Infrastructure encourage public activities, interaction and community engagement. Public Sidewalks Public sidewalks are maintained by VDOT within public rights-of-way. These sidewalks are located parallel to a road and in more urban areas are typically separated from vehicular traffic by curb and gutter. They may be constructed in conjunction with public projects or by the private sector as a part of development or redevelopment. The higher density mixed use development pattern envisioned and encouraged by the Ettrick VSU Special Area Plan would provide opportunities to construct, or improve existing, sidewalk infrastructure along key roads. New roads constructed as part of residential development would be subject to the VDOT Secondary Street Acceptance Requirements, which establish sidewalk criteria along roads that will become part of the State system. The zoning ordinance typically requires that the need for sidewalks within non- residential and mixed use developments be determined through the development review processes. However, the Ettrick VSU Special Area Plan recommends that the Zoning Ordinance be amended to require sidewalks along Chesterfield Avenue, Orange Hill Avenue, and East River Road, Bessie Lane, Main Street, Granger Street, and specific connecting side roads, as part of new development that occurs. During the zoning process for any development proposal, sidewalk amenities should be required. Private Sidewalks These sidewalks are built by the private sector and are maintained by the development owner or an owners' association. This plan recommends sidewalks along roads to be public, not private. Having these sidewalks accepted into the state highway system will ensure their long-term maintenance. Bicycle Facilities Bicycle facilities provide an alternative mode of transportation to automobile travel. Bicycle lanes are typically located within the public right-of-way and are maintained by VDOT. Designated bicycle lanes or paved shoulders, as well as bicycling amenities separate from automobile travel lanes, can accommodate cyclists' travel. The Ettrick VSU Special Area Plan recommends that the zoning ordinance be amended to require bicycling amenities along the northeast line of Chesterfield Avenue as new development occurs. During the zoning process for any development proposal, additional bicycling amenities should be committed. Pedestrian & Bicycle Circulation As development or redevelopment occurs in the area, pedestrian and bicycle amenities will be recommended as shown on the Pedestrian & Bicycling Circulation Plan. Transportation Infrastructure Improvement Costs The cost of making improvements to the transportation infrastructure varies, depending on many factors such as the availability of right-of-way, the location of utilities, topography, and adjacent development. U al Area drat BOS P .._..._w......._.__ _.........a.... _.. __...w_........._.__.____._.._._.. ____.._...m..........__� Ettrick VS Speci A e Plan f Pa 26 4' CHAPTER 11: SPECIAL AREA PLANS 11.1 ETTRICK VSU SPECIAL AREA PLAN Section 5: Infrastructure The Thoroughfare Plan recommends Dupuy Road as a major arterial with a recommended right-of-way width of 90 feet. This road could warrant construction of a four -lane facility to accommodate traffic volumes at build -out of the county. Within the plan area, and using typical costs to widen a two-lane road to a four -lane facility, improvements to Dupuy Road could cost in the area of $4,000,000. The plan recommends the construction of sidewalks throughout the plan area. The cost to construct sidewalks varies greatly, from $100 to $300 per linear foot, depending upon existing conditions, if constructed as a publically funded project. It is anticipated that much of the sidewalk network recommended in this plan would be constructed in conjunction with redevelopment. Typical Sections for Pedestrian and Bicycle Amenities in Ettrick Typical sections that show the conceptual layouts of pedestrian and bicycle amenities along the major roads in the plan area are shown in the Design Plan included in this document. PUBLIC WATER & WASTEWATER Within the Ettrick VSU Special Area Plan geography, public water is supplied by the Appomattox River Water Authority's (ARWA) treatment plant located on Lake Chesdin. Public wastewater treatment is provided by the Southside Regional Wastewater Authority's (SRWWA) treatment plant located in the City of Petersburg. The majority of the area within the plan area has existing commercial and residential structures and is served by an extensive system of existing water distribution mains and wastewater collection lines. For those undeveloped properties that do not have the public systems immediately available, particularly the area designated as "high density residential", the necessary water and wastewater system improvements will need to be made when those properties are developed. Those improvements will include new line extension and possibly upgrading of existing lines. The existing infrastructure serving the plan area has not been fully evaluated to determine if any of the existing lines will need to be increased in size to accommodate the proposed new development and redevelopment proposed within this plan. In conjunction with VSO's Master Plan, the Utilities Department is working with the University to provide public water and wastewater services to the existing campus and the area designated by VSU as their redevelopment area. In March 2013, the main campus was switched from the City of Petersburg to Chesterfield County for water service. The majority of the campus is currently provided with wastewater service by the City of Colonial Heights, with portions of the University served by Chesterfield County. As Ettrick VSU Special Area Plan draft BOS Pa e 27 CHAPTER 11: SPECIAL AREA PLANS 11.1 ETTRICK VSU SPECIAL AREA PLAN Section 5: Infrastructure noted below, planned improvements to the Ettrick area water and wastewater infrastructure will accommodate the expansion of the VSU campus and support revitalization and new development within the plan area. Public Water System The existing water distribution system throughout the plan area is supported by a 12 inch line along Chesterfield Avenue, an 8 inch/6 inch line along East River Road, and an 8 inch/6 inch line along Dupuy Avenue. Water storage is currently provided to the plan area by the 150,000 gallon Matoaca tank (located outside the plan area off River Road near Hudson Street), and by a private 240,000 gallon tank (located on the eastern side of the VSU campus). As part of the planned infrastructure improvements within the plan area, an existing 16 inch water line on River Road, which currently terminates at Bass Street, will be extended east across the CSX railroad right-of-way, across the Ettrick Elementary School property, along Chesterfield Avenue to a future planned VSU campus entrance across from Paine Street, and then into the campus. Future water line extensions from the 16 inch line along several existing streets will be necessary to serve the undeveloped area designated as "high density residential". VSU plans to replace all existing private water lines on the campus over several phases. A new public 2,000,000 gallon water storage tank and pumping station will be built outside of the plan area, off River Road on the VSU Randolph Farm property. Completion of the proposed 16 inch water line, storage tank and pumping station is anticipated by summer 2015. The existing water storage tanks serving Ettrick/Matoaca and VSU will eventually be taken out of service. Public Wastewater System The existing wastewater collection system throughout the majority of the plan area is supported by the existing Ettrick Wastewater Pumping Station (WWPS), located south of Main Street, an 18 inch/16 inch/12 inch trunk sewer, extending from the Ettrick WWPS and crossing through the southwestern portion of the plan area, west of Jackson Street, a 10 inch/8 inch line crossing through the northeastern portion of the plan area, west of Dupuy Avenue, and an 8 inch line along Chesterfield Avenue. Future wastewater line extensions from the 18 inch/16 inch/12 inch trunk will be necessary to serve the area designated as "high density residential". The portion of the plan area between Loyal Avenue and Dupuy Avenue drains by gravity into the City of Colonial Heights by agreement. Future VSU/County planned infrastructure improvements include two (2) options for the Ettrick pump station. Since there is excess capacity in that facility, one option would be to allow that pump station to be expanded to serve existing and future development in the Ettrick area, and to construct a new pump station for the VSU campus to discharge direct to the South Central Wastewater Authority, which serves the City of Petersburg, and Chesterfield, Dinwiddie and Prince George Counties. The second option would be to abandon the Ettrick pump station, extend a trunk sewer to the VSU campus, and build a new larger pump station to serve VSU and the Ettrick area. VSU also plans to replace (if necessary) all existing private wastewater lines on the campus over several phases. Improving wastewater capacity along Chesterfield Avenue is necessary to accomplish the development pattern recommended by this plan. As it is unlikely that such improvement can be accomplished on a __.. _.M._. s... Special p /p.w.. w.w.. Pwa__.v.....a.. _.. _.._.._...__. .............w......_..._...._.__._. _._...�......_._w. .w__.......r� Page Ettrick V U ec l Area Plan draft BOS a e 28 CHAPTER 11: SPECIAL AREA PLANS 11.1 ETTRICK VSU SPECIAL AREA PLAN Section 5: Infrastructure site by site basis, an area -wide wastewater capacity improvement project should be developed and implemented. STORMWATER DRAINAGE AND WATER QUALITY Much of Ettrick drains toward the Appomattox River and is served with inadequate and aging stormwater conveyance or water quality infrastructure. The county contracted a study with a consultant to determine the kind and cost of infrastructure needed to accomplish the development pattern recommended by this plan. New development and redevelopment will necessitate improvements to meet the current state regulations. As it is unlikely that such improvement can be accomplished on a site by site basis, an area -wide stormwater drainage master plan and improvement project should be developed and implemented. PUBLIC SCHOOLS Ettrick Elementary School The Public Facilities Plan recommends that Ettrick Elementary School be revitalized or replaced. Construction of a new facility should follow the guidelines outlined in that plan. The November 2013 bond referendum approved funding for renovation of Ettrick Elementary School, with no additional funding for moving the school to another location. However, several factors suggest that it would be preferable to replace the existing school with a new facility outside the Ettrick VSU Special Area Plan Geography: o Ettrick Elementary School was built in 1967. o The school has an enrollment of about 550 students (almost 100% of program capacity). o About 90 students attending Ettrick Elementary School live within the Ettrick VSU Special Area Plan geography (about 16 percent of the student body). o The school is located at the far eastern end of the Ettrick Elementary School district boundary (the boundary extends from Colonial Heights and Petersburg to the east and south, and beyond Nash Road to the west, which is about nine (9) miles from the school). o The site is comprised of about 20 acres, just at the minimum recommended site criteria for elementary schools. o The Public Facilities Plan recommends relocation of the Ettrick Fire Station to another site within the community that would accommodate a larger facility. Should the school be w_.__..._..�m.._..._.......... _ .._w._._m...._.ww v.._ ................ ._..._.. - __..ww.._....._...._........_......w_...._.. ._............ „m,n,,mmm_m. Ettrick VSU Special Area Plan draft BOS Page 29 121 9 CHAPTER 11: SPECIAL AREA PLANS 11.1 EITRICK VSU SPECIAL AREA PLAN Section 5: Infrastructure relocated, the potential exists that a portion of the existing (current) school site could be used to accommodate this fire station relocation. o It is anticipated that Ettrick will undergo major transformation to a higher density, mixed use environment that will capitalize on the economic development opportunities afforded to the county with the expansion of Virginia State University and the increasing importance of Ettrick Train Station as a transit resource for the region. The Ettrick VSU Special Area Plan supports this anticipated transformation by suggesting that the school site, as well as other portions of the surrounding area, would be appropriate for a more urban development pattern. o As development occurs along the pattern recommended by the draft plan, the current school site represents an opportunity to enhance economic development opportunities through redevelopment of the property in accordance with this plan. ._._.._..._.. ......_._....__._....__._._.._...w_._._.__..._.._�._..............,_m........ _. ...w_. � Ettrick VSU Special Area Plan draf t BOS ... .-..-.-._._..._...__...._......�_......_ .___..........�.._._. P_......_.age 30 G"100120 CHAPTER 11: SPECIAL AREA PLANS 11.1 ETTRICK VSU SPECIAL AREA PLAN Section 6: Design Plan Section 6: Design Plan This design plan is intended to serve as a visual aid, illustrating the concepts embodied in the goal of the Ettrick VSU Special Area Plan and codified in recommended ordinances designed to guide future development in ways that implement the plan. The intent of this section is to ensure functional and visual compatibility with the recommendations of the plan and ordinances, but not to mandate any particular arrangement of design elements or architectural styles. Chesterfield Avenue, looking south from the vicinity of Paine Street— as it is today (top) and its potential for redevelopment (bottom). (Editor's note: While it is the intent of this plan to explore ways to have existing overhead utilities buried and/or relocated, the recommended guidelines recognize that this may not happen until after new development or redevelopment occurs. Until then, the design guidelines must accommodate overhead utilities with new development or redevelopment.) Ettrick VSU Special Area Plan draft BOSN _......n __.__....rv_._.._..m.__.._...................... ._ ..._._ ... ww__...w.._....._................._._ m , ,mmmm, .. Page.31 CHAPTER 11: SPECIAL AREA PLANS 11.1 ETTRICK VSU SPECIAL AREA PLAN Mill Section 6: Design Plan INTRODUCTION TO THE DESIGN PLAN As noted throughout this document, Ettrick is a community in transition. It is evolving from a traditional historic suburban village into a community that builds upon the potential for Virginia State University's expansion, and the increasing importance of the Ettrick Train Station as a transportation hub, to attract new businesses and residents to the area. New design standards are needed to ensure that the pattern and quality of development will enhance Ettrick as a desirable place to live, work, shop, educate and play. These standards encourage bicycle facilities, wide sidewalks, pedestrian crosswalks, on -street parking and streetscaping amenities. Mixed use buildings, with entrances fronting roads, are also encouraged. Off-street parking, as well as driveways and other automobile -oriented features (such as gas pumps and drive through windows) should be located to the rears of buildings, with vehicular access provided to side roads. Ettrick's compact development pattern and location provide opportunities to encourage multi -modal connectivity within Ettrick, and between Ettrick and surrounding communities, to reduce dependence on the automobile. The mixed use development pattern intended with these standards encourage retail, office and residential development within the same buildings or within walking and bicycling distances of one another, and at densities that are higher than the densities of traditional suburban development, further reducing automobile -dependence. With the provision of on -street parking and with greater potential for on- site parking to be shared between uses, parking needs are anticipated to be less than with suburban development. VSU Multi-purpose center under construction. Ettrick vsu Spacial Area Plan ChaataMeld Avenue �+ � Pedostrian Sheds E",10 ttatn Stal4afn ��i� // /..IWay aueklmm Aeea f iil" of S rninute m W" N 10 minute @tW, VS'f al.lNA— r�kkVSU 3 WA.PW ��rvm.aumwmw^° B C.MNFt «d '.w,4 N ` 15 minute M�Ytt�IFiY 1- �u 0 1000 2000 Y � llA�i 6d ey'.tGa✓P e�✓. M ,111111 vV 11111011111 , , Feet Walking & bicycling distances: Ettrick — generalized representation of walking times between Chesterfield Avenue and surrounding destinations (1/4 mile increments). Standards for bicycling suggest that distances of up to three (3) miles between destinations are generally acceptable for regular bicycle use, which places much of Colonial Heights and Petersburg within potential biking distance of Ettrick. ... .-. �..w w..w_.......__.._v........._... ................. _ .._.............. __ .._. .......... ._ ... _..._..._......_._.......... __...._._ _ m........._.........w__...._....__..� Ettrick VSU Special Area Plan draft BOS Page 32 ,", 2 2 CHAPTER 11: SPECIAL AREA PLANS 11.1 ET TRICK VSU SPECIAL AREA PLAN Section 6: Design Plan To accomplish the development pattern recommended by the plan, amendments to current zoning ordinance design standards are necessary. For areas designated for non-residential or mixed uses by the plan, a pedestrian oriented, higher -density development pattern can only be accomplished with multi -story buildings fronting wide sidewalks having pedestrian amenities. While this mixed use development pattern is anticipated to reduce reliance on the automobile, residents' long term parking needs must be accommodated, as well as the parking needs of students who commute to VSU and customers who visit the area from surrounding communities seeking retail goods and personal services. Care should be taken to locate parking areas in ways that do not distract from the pedestrian friendly environment anticipated by the plan. Below are examples of the type of design envisioned along indentified roads within Ettrick. Bicycling sraewaiK Building setback with facility (within r/w) Building setback with street trees, street lighting, (within r/w) street trees, street lighting, sidewalks, and sidewalk amenities Chesterfield Avenue and sidewalk amenities (sidewalk cafes, displays, etc.) (sidewalk cafes, displays, etc.) Generalized principles for pedestrian friendly, mixed use development. Parking, gas pumps and drive through windows should be located behind buildings. ..Ettrick VSU Special Area Plan draft BOS__..._._._........_��.....__.._..._.___..�..._�._..._.....................mm.._......_.._..............._.................__............._.._.__........_Page 3.3 000271-213 CHAPTER 11: SPECIAL AREA PLANS 11.1 E7TRICK VSU SPECIAL AREA PLAN Section 6: Design Plan EXAMPLE OF DEVELOPMENT PATTERN ENVISIONED BY THIS PLAN The Lofts at Cary Place, Richmond Virginia Located at the intersection of West Cary Street and South Meadow Street, the Lofts at Cary Place (the Lofts) serve as an example of the kind of development envisioned along identified roads within the Ettrick VSU Special Area Plan geography. The Lofts comprise residential units over commercial retail space, and is located within a mile of Virginia Commonwealth University in an area of the city experiencing redevelopment and revitalization. Ettrick VSU Special Area Plan draft BOS Before: Predominantly lower density, single story, single use commercial buildings and vacant properties, with few amenities. After: Higher density, multi -story, mixed use buildings (commercial and residential condominiums) with streetscaping and pedestrian - friendly design elements. Page 34 C'11111� 0_1171Z -1 CHAPTER 11: SPECIAL AREA PLANS 11.1 ETI'RICK VSU SPECIAL AREA PLAN Section 6: Design Plan The Lofts at Cary Place, Richmond Virginia Aerial view of the Lofts at Cary Place: buildings fronting West Cary Street and South Meadow Street with on-site parking located to the rears of buildings and accessed by side roads. Street view: wide sidewalks, street trees and on -street parallel parking along West Cary Street. Pedestrian amenities along West Cary Street: brick pavers, street trees, and outdoor seating. On-site parking with access to South Meadow Street. Ettrick VSU Special Area Plan draft BOS Page 35 CHAPTER 11: SPECIAL AREA PLANS 11.1 EITRICK VSU SPECIAL AREA PLAN Section 6: Design Plan ETTRICK VSU SPECIAL AREA PLAN DESIGN STANDARDS The Ettrick VSU Special Area Plan recognizes four (4) distinct areas that merit special design standards. The design standards are patterned on the conditions of zoning approval for the VSU Foundation zoning case (14SN0516 - VSU Trojan Development LLC) approved by the Board of Supervisors on January 22, 2014. This case permits a mixed use building along the northeast line of Chesterfield Avenue, across from Paine Street, which when built will incorporate a vertical mix of commercial, office and multifamily residential uses. The building and associated improvements, once completed, should set a standard for new development in Ettrick that could be emulated along identified roads within the Ettrick VSU Special Area Plan geography. Ettrick Gateway Business Area This area, which fronts along the west line of Granger Street and along the north line of East River Road east of Bessie Lane, has the potential to attract new commercial and residential development and redevelopment due to the anticipated increased importance of the train station as a major transportation hub for the region. Chesterfield Avenue Northeast This area, which fronts along the northeast line of Chesterfield Avenue, south of Granger Street, has the potential to attract new commercial and residential development and redevelopment as VSU continues to implement its Master Plan, which includes development of vertically integrated, mixed use buildings along the northeast line of Chesterfield Avenue. Chesterfield Avenue Southwest This area, which fronts along the southwest line of Chesterfield Avenue, has the potential to attract new commercial and residential development and redevelopment on the pattern of that which VSU is building along the northeast line of Chesterfield Avenue. Orange Hill Avenue Corridor This area, which fronts both sides of Orange Hill Avenue and extends south to Main Street, has the potential to attract new residential development and redevelopment to complement mixed uses along Chesterfield Avenue, and to serve as a higher density residential transition between these uses and existing neighborhoods to the west. _ Ettrick VSU Sm._.:_..__. . pecial Area Plan draft ......__.__....-__ .............................. _ . .BOS Page _..... _..._.. ___. _..__...___._._.._ ...._...ww......_.w._.__._....................... __.a_..........._............W....._.... t e 36 3.' i5 0 26 CHAPTER 11: SPECIAL AREA PLANS 11.1 EITRICK VSU SPECIAL AREA PLAN Section 6: Design Plan Ettrick VSU °!l�1Xi JHriyi�f _.._.Ettn.,._......__..ck Gateway Business Area u._._._...___. _..._.__..._..._-._._------- bra Ettrick rrain Station y ! as Chesterfield Avenue Southwest VSU Campus Elenientor School City of / 1P Heights / Main St u � 'N' City of Petersburg i M. //% !i %NIX . K m VSU Randolph rail Chesterfield Avenue Farm Northeast r, ?Oorange ill Avenue Corridor y1 Il Iit 1 I M'ti 1 11 H CI HNIC �9� 111 idM IIVHi�. VM�ry Uf'o L + I [ -W." 2Cia � Ana EttrickVSUSpecial Area Plan draft BOS__._....___..._..._.m.......___...._.. _._.._..__..._..__......�..._.............. _._...._._......._........_....__.._.._ ...� . __._ Page37 (af— 2� � CHAPTER 11: SPECIAL AREA PLANS 11.1 ETT -RICK VSU SPECIAL AREA PLAN Section 6: Design Plan ETTRICK GATEWAY BUSINESS AREA Development and redevelopment along principal area roads should occur on the pattern VSU is establishing along the northeast line of Chesterfield Avenue. Development standards should carry forward the goal of establishing a pedestrian friendly environment for the Ettrick community by ensuring that new development along Granger Street, Bessie Lane, and East River Road east of Bessie Lane has an urban character, with buildings fronting sidewalks with street trees and pedestrian scale lighting. However, the "interior" of this area is anticipated to develop in a more suburban commercial development pattern with uses serving rail travelers, VSU students, faculty and staff, and the larger community. Development standards should require: • Multi -story buildings fronting the Granger Street, Bessie Lane and East River Road east of Bessie Lane, with pedestrian amenities between the building and these roads; • Automobile oriented commercial uses and development patterns located to the rear of multi- story buildings fronting Granger Street, Bessie Lane and East River Road east of Bessie Lane, with such uses screened from Granger Street, Bessie Lane, and East River Road east of Bessie Lane by the multi -story buildings; • Shared vehicular access to public roads; • Additional parking requirements for office and commercial uses; • Limitation on individual business sizes so as to preclude big -box uses. with pedestrian amenities ultimate right-of-way utility buffer (Note: the exact types, arrangement location and dimensions of improvements will be determined at the time of site plan review, as development occurs.) Ettrick VSU Special Area Plan draft BOS Page 38 C-0 0_21). _24) ,2 3 S. C(,,, o .2 5 CHAPTER 11: SPECIAL AREA PLANS ETTRICK VSU SPECIAL AREA PLAN Section 6: Design Plan Existing development along the west line of Granger Street, at Bessie Lane, and along East River Road, west of Bessie Lane: developed for a mix of single story, single use, automobile oriented commercial, single-family residential and public/semi-public (church) uses. Potential redevelopment for multi -story mixed use buildings with sidewalks, street trees and other pedestrian amenities, with on-site parking and suburban commercial uses to the rears of buildings (and generally screened from roads). Ettrick VSU Special Area Plan draft BOS Page 40 Via'" CHAPTER 11: SPECIAL AREA PLANS EITRICK VSU SPECIAL AREA PLAN Section 6: Design Plan Existing development along the north line of East River Road, east of Bessie Lane: developed for single-family residential and public -semipublic (church) uses. East River Road being widened to four (4) lanes with divided median in conjunction with the construction of the VSU multipurpose center. Potential redevelopment for multi -story, mixed use buildings with sidewalks, street trees and other pedestrian amenities, with on-site parking and suburban commercial uses to the rears of buildings (and generally screened from roads). East River Road widening completed. Ettrick VSU Special Area Plan draft BOS.....w._................_._._._.__.__...w__.._._...._...._....._._.__..._..._a___.._...._......_........_._..._...._....___.__._...___.. _ww. Page_..._.._. 41 CHAPTER 11: SPECIAL AREA PLANS ETTRICK VSU SPECIAL AREA PLAN Section 6: Design Plan CHESTERFIELD AVENUE Consistent with VSU's plans for Chesterfield Avenue, development of vertically integrated mixed use buildings fronting sidewalks with other street amenities such as bike lanes and street trees is proposed. Along the northeast line of Chesterfield Avenue, development should occur in accordance with the VSU Foundation zoning case, approved by the Board of Supervisors, which includes bicycling facilities adjacent to parallel parking along the road and within the public right-of-way, requiring the sidewalk to be provided within the building setback. However, bicycling facilities will not be provided along the southwest line of Chesterfield Avenue, allowing a sidewalk within the right-of-way and landscaping and street amenities within the setback. Chesterfield Avenue Northeast Chesterfield Avenue Southwest (This conceptual graphic illustrates how development could occur along Chesterfield Avenue. Tthe exact types, arrangement, location and dimensions of improvements will be determined at the time of site plan review, as development occurs.) .m.... ..... .... Ettrick VSU Special Area Plan draft BOS.___....__.._..._......._......._..._.._..._�....._._____..__�T�4. CHAPTER 11: SPECIAL AREA PLANS ETTRICK VSU SPECIAL AREA PLAN Section 6: Design Plan Chesterfield Avenue Northeast Development standards include: • Multi -story buildings oriented toward the road, with pedestrian amenities between the building and the road; • Office/commercial developed in conjunction with residential (residential the primary use); • Automobile oriented commercial uses and development pattern discouraged; • Additional parking requirements for office & commercial uses; • Off-street bicycling amenities; • Shared vehicular access to Chesterfield Avenue. ultimate right -o4 -way (Note: the exact types, arrangement, location and dimensions of improvements will be determined at the time of site plan review, as development occurs.) Conditions of zoning approval for the VSU Foundation building require that, within the building setback, a common space be provided for the enjoyment of the public. This common space includes a continuous private sidewalk constructed of decorative paving or patterned concrete and area adjacent to buildings for foundation plantings, street furnishings, and/or delineated outdoor seating for eating establishments (sidewalk cafes). Pavement may incorporate porous pavers or pervious concrete and subsurface features designed to help mitigate stormwater runoff and assist in addressing water quality and conservation. Other features include pedestrian amenities such as benches, trash receptacles, bike racks, and landscaping. Ettrick VSU Special Area Plan draft BOS__._w_........_......._.._......_.........._. �.........___...._.._...................... .._........_ _...._.._....w __._._.___.w.__.....___. -Page 43 e CHAPTER 11: SPECIAL AREA PLANS ETTRICK VSU SPECIAL AREA PLAN Section 6: Design Plan Street trees are planted within landscaped tree wells, located between the bicycle facility and sidewalk. Decorative street lamps are installed within the setback, at the edge of the proposed right-of-way. Architectural Compatibility Virginia State University is characterized by a campus that has evolved over time, with an integrated mix of modern and historic buildings. New development along Chesterfield Avenue should have architectural treatment that recognizes, and is sympathetic to, this tradition. New construction along Chesterfield Avenue can achieve compatibility with VSU campus architecture by incorporating some of the elements, detailing, materials and massing that reflects the character of the campus. Architectural rendering submitted for illustrative purposes. Ettrick VSU Special Area Plan draft BOS Page 44 o , -" -"' �! CHAPTER 11: SPECIAL AREA PLANS ETTRICK VS SPECIAL AREA PLAN Section 6: Design Plan Chesterfield Avenue Southwest Development standards should include: • Multi -story buildings oriented toward the road, with pedestrian amenities between the building and the road; • Office/commercial uses developed in conjunction with residential (residential the primary use); • Automobile oriented commercial uses and development pattern discouraged; • Additional parking requirements for office & commercial uses; • Shared parking, and shared vehicular access to Chesterfield Avenue and to side roads. buffer P'a " """" ultimate OgNt•of-woay (Note: the exact types, arrangement, location and dimensions of improvements will be determined at the time of site plan review, as development occurs.) Ettrick VSU Special Area Plan draft BOS Page 45 CHAPTER 11: SPECIAL AREA PLANS ETTRICK VSU SPECIAL AREA PLAN Section 6: Design Plan Existing development along the southwest line of Chesterfield Avenue, at Randolph Street: developed for a mix of commercial, residential and public/semi-public (fire station and church) uses. Potential redevelopment for a multi- story, mixed use building with residences over commercial and on- site parking to the rear. .Ettrick .�VSU..Special Area Plan draft BOS.....a.w.......................................__.._..._ww....._www_......._w_..w....wa.....u......_.�._.u.w..._.._....._._..__...____._._..w..w....�r---_Page 46� CHAPTER 11: SPECIAL AREA PLANS ETTRICK VS SPECIAL AREA PLAN Section 6: Design Plan ORANGE HILL AVENUE This area has the potential to attract new, higher -density residential development and redevelopment to complement mixed uses along Chesterfield Avenue, and to serve as a transition to the existing single- family residential neighborhoods to the west. Development standards should include: • Multi -story buildings oriented toward the road, with pedestrian amenities between the building and the road; • No office or commercial uses; • Automobile oriented development pattern discouraged; • Shared parking, and shared vehicular access to Orange Hill Avenue and side roads; • Existing above -ground utilities accommodated with road widening. Conceptual Perspective: This graphic illustrates Orange Hill Avenue (looking south from Paine Street), with sidewalk within the public right-of-way and pedestrian amenities adjacent to buildings. (Note: the exact type, arrangement and dimensions of improvements will not be determined with this plan amendment, but will be determined with future rezoning and redevelopment.) Ettrick VSU Special Area Plan draft BOS Page 47 CHAPTER 11: SPECIAL AREA PLANS ETTRICK VSU SPECIAL AREA PLAN Section 6: Design Plan Orange Hill Avenue: developed for single-family residences on lots. Orange Hill Avenue redeveloped for higher density residential with sidewalks, street trees, pedestrian scale street lighting, and on -street parking. Bump -outs designed to accommodate existing overhead utilities with road widening. Example of potential redevelopment for townhouse apartments or condominiums with on—street parking, sidewalks and street trees, and on-site parking to the rear. Ettrick VSU Special Area Plan draft BOS Page 48 l"' ' CHAPTER 11: SPECIAL AREA PLANS ETTRICK VSU SPECIAL AREA PLAN Implementation Note: This section will amend Chapter 15: Implementation of Moving Forward— The Comprehensive Planfor Chesterfield County upon adoption of the Ettrick VSLI Special Area Plan. / / r I / 7 / 1 / l / REVITALIZATION•• revitalization plans for including- •r ••• Enhancement Area plans,• promote stabilization of area neighborhoods.r STANDARDS-Ado-p-��Vn standards that willguiAe ORDINANCES future growth and development as identified in this plan. Planning REGIONALDESIGN ACCESS. Worklocal,• and state agencies o enhance regionalinto the Ettrick VSU area. Transportation .A SUMMERSEAT. Work with interested partners to identify and ounty develop a viable use for this structure. Administration ETTRICK POLICING OFFICE. Relocate the Ettrick Policing Office from Ettrick Park to a more central location, preferably along PoliceSTUDIES Planning/ Chesterfield Avenue. Department STATIONETTRICK TRAIN •• out r to improve the Ettrick Train Station,• • Transportation IMPROVEMENT.WASTEWATER SYSTEM Prepare • submit request for the county's Capital Improvement Program to fund INFRASTRUCTURE I upgrades to the wastewater system along• Administration STORMWATER SYSTEM IMPROVEMENT. Prepare and submit a request for the county's Capital Improvement Program to fund upgrades to the stormwater drainage system along Chesterfield Administration ABOVE GROUND UTILITIES. WorkDominion Power to havecr above ground utilities along•.• - • -• or buried. Ettrick VSU Special Area Plan draft BOS Page 49 CHAPTER 11: SPECIAL AREA PLANS ETTRICK VSU SPECIAL AREA PLAN VSU Master Plan. Work with VSU on developing their master plan toensure the Master Plan and the Ettrick V3USpecial Area Plan are complementary. OTHERCivic Group Formation. PlanningWork with community representatives toestablish acooperative relationship between K county staff and community representatives. U Ettrick VSU Special Area Plan droft BOS Page 50 CHAPTER 11: SPECIAL AREA PLANS ETTRICK VSU SPECIAL AREA PLAN Land Use Plan Categories & Map Note: The underlined text below amends the land use categories of Chapter 10 of Moving Forward — The Comprehensive Plan for Chesterfield County for the Ettrick VSU Special Area Plan. Once the Ettrick VSU Special Area Plan is adopted, these text amendments will be incorporated into Chapter 10. SUBURBAN RESIDENTIAL II Density: 2.0 to 4.0 dwellings per acre Equivalent Zoning: R-25; R-15; R-12; New R Categories Uses The following uses are appropriate: o Single family dwellings on lots ranging between 12,000 and 25,000 square feet. o Dwellings on smaller lots or condominiums under the following circumstances: ■ Development design and quality complements and enhances the surrounding residential area. ■ Primary access is directly to a major roadway and not through an existing residential development having an average lot size larger than that proposed by the development. ■ Compensating usable open space maintains the overall density recommendations. ■ Quality design standards which could include the provision of sidewalks, street trees, site and individual lot landscaping, quality and variety of architectural design, garage orientation and hardscaped driveways. Utilities New subdivision or condominium development will use the public water and wastewater systems. Development Consideration Adiacent to Existing Neighborhoods Densities and lot sizes of existing residentially zoned neighborhoods should be maintained. As new development proposals come forward, densities, average lot sizes, house sizes and quality of existing residential neighborhoods should be closely considered when new development borders, and has primary access through, these existing residential neighborhoods by way of adjacent local subdivision roads. Ettrick VSU Special Area Plan draft BOS Page 51 () -1*111 4.11 CHAPTER 11: SPECIAL AREA PLANS ETTRICK VSU SPECIAL AREA PLAN HIGH DENSITY RESIDENTIAL Density: Minimum 8.0 to 12.0 dwellings per acre Equivalent Zoning: R-TH Updated; R -MF Updated; New R Categories Uses The following uses are appropriate: o Various residential types including, but not limited to, single family, two-family, zero lot line, townhouse, condominium and multifamily dwellings. Projects should be developed at the minimum densities suggested for this land use category. Design These developments should be integrated with surrounding similar residential projects and commercial services through site design and provision of road and sidewalk connectivity. Developments should incorporate usable open space. Design standards could include the provision of sidewalks, street trees, site and individual lot landscaping, quality and variety of architectural design, garage orientation and hardscaped driveways. Utilities New subdivision or condominium development will use the public water and wastewater systems. RESIDENTIAL MIXED USE Density: Minimum 12.0 dwellings per acre, plus integrated commercial Equivalent Zoning: New R -MF Mixed Use Category Uses The following uses are appropriate: o Integrated mixture of higher density residential and concentrated commercial uses located on tracts having sufficient size to accommodate such mixtures. The majority of uses within these developments should be residential. Non-residential uses should be developed in coniunction with higher density residential uses. The residential component of each project should be developed at, or exceeding, the maximum densities suggested for High Density Residential areas. o Commercial uses should primarily be those that serve neighborhood -wide trade areas (Neighborhood Business C-2). Limited commercial uses that serve community -wide trade areas (Community Business C-3) may be appropriate under certain circumstances, provided these should not include automobile -oriented uses such as automobile and automobile parts sales, automobile repair, car washes, and gasoline sales. Ettrick VSU S._.:........_-_.__—_-pecial Area Plan draft_.._..._.._.W._....._..r..__�...-_.._ _..__...__.�._._._....._...mBOS �..._...._m.__..�___.__.._�_�_w.a._w_..w..wu.._..._..............--....._......._._.__.........w___....__._...Pa�me m_..._. Eg 52 W.ni' l.:J' C �r a T4 nY �e CHAPTER 11: SPECIAL AREA PLANS ETTRICK VS SPECIAL AREA PLAN Design Uses should be incorporated into multi -story buildings with a maximum of four (4) stories, with residential uses on the upper floor(s) of a building and non-residential uses on the ground floor. Should non-residential uses be developed without residential uses, such non-residential uses should adhere to the development standards that apply to the preferred pattern of integrated residential and non- -i,4—+;�l --, Utilities New development will use the public water and wastewater systems. NEIGHBORHOOD BUSINESS Equivalent Zoning: C-2 Uses The following uses are appropriate: o Commercial uses that serve neighborhood -wide trade areas. Such uses attract customers residing in neighborhoods within a small geographical area. The size of individual stores is typically larger than that found in a Convenience Business area; and uses are located completely within an enclosed building. Typical uses could include grocery stores, clothing stores, medical clinics, hardware stores, restaurants or other uses that primarily serve weekly or bi-weekly household needs. INSTITUTIONAL Equivalent Zoning: Various categories As of the date of the Land Use Plan Map, state-owned property and facilities used for the purposes of hieher education or incarceration/detention. CONSERVATION/ RECREATION Equivalent Zoning: All zoning districts As of the date of the Land Use Plan Map, federal, state and county parklands, and privately owned land held in voluntary public or private trust for the purpose of preserving or promoting natural function, character or historic significance. Ettrick VSU Special Area Plan draft BOS Page 53 c' cue CHAPTER 11: SPECIAL AREA PLANS EITRICK VSU SPECIAL AREA PLAN Land Use Plan Map Notes Ettrick Gateway Business Area Commercial uses should serve customers from surrounding neighborhoods (such as small scale retail, office and personal services establishments) as well as uses that serve customers commuting by rail (such as hotels, motels, restaurants and motor vehicle rental). With the exception of motor vehicle rental and gasoline sales, typical automobile -oriented uses and outside storage should be discouraged. Flexibility in zoning standards should encourage innovative and creative design and high quality development. Automobile -oriented site designs may be appropriate when screened from view along Granger Street, Bessie Lane, and East River Road, east of Bessie Lane by multi -story buildings. Buildings along Granger Street, Bessie Lane, and East River Road east of Bessie Lane should: o Be adjacent to , and front, Granger Street, Bessie Lane, and East River Road east of Bessie Lane; o Have shallow setbacks and main entrances to buildings accessed from sidewalks along Granger Street, Bessie Lane, and East River Road east of Bessie Lane; o Locate off-street parking behind buildings fronting Granger Street, Bessie Lane, and East River Road east if Bessie Lane, and screen the view of parking from Granger Street, Bessie Lane and East River Road east of Bessie Lane and o Provide vehicular access to parking via side roads. Design Individual uses, with the exception of hotel, motel, office or grocery store, should not exceed 10,000 square feet of gross floor area. Offices and grocery stores should not exceed 40,000 square feet of gross floor area. Buildings should have a minimum of two (2) stories. Site design should discourage drives between buildings and Granger Street, Bessie Lane, and East River Road east of Bessie Lane. Shared and multi-level parking facilities should be encouraged. m Ettrick VSU Special Area Plan draft BOS Page 54 Q "Ilk ._ =1-4:10 M.— .. Ettrick VSU Special Area Plan draft BOS Page 54 Q "Ilk CHAPTER 11: SPECIAL AREA PLANS ETTRICK VSU SPECIAL AREA PLAN Ettrick VSU Special Area Plan draft BOS Page 55 : M-1 ivi Ettrick VSU Special Area Plan draft BOS Page 55 CHAPTER 11: SPECIAL AREA PLANS ETTRICK VS SPECIAL AREA PLA Note: this map is provided for illustrative purposes only and will be incorporated into the countywide land use plan map as found in Chapter 10 The Land Use Plan of the Comprehensive Plan. ....w ..Ettrick VSU Special Area Plan draft BOS.__..._._..w..____.�.._..___....�...____�_a...�.......�.��..__...__.._............_....._........_................................ _.w.___ __...._._..__..P.age..56. r' CHAPTER SPECIAL AREA PLANS Overview Chesterfield County has a strong commitment to community and area planning. Planning efforts driven by a great deal of community stakeholder input and support have resulted in the adoption of various special area plans. These plans address the unique characteristics and history of these communities. Amendments to these area plans will require extensive planning efforts and community involvement which are outside the scope of this Plan. The Implementation chapter provides information on the process of establishing priorities for amendments to Special Area Plans or development of new Special Area Plans. Future special area plans will become amendments to this Plan. SPECIAL AREA PLANS TO REMAIN IN EFFECT The following Special Area Plans are incorporated by reference into this plan and remain in effect until such time as they may be amended by the Board of Supervisors. Until these Special Area Plans are amended, each will continue to be used in guiding growth and development decisions within their respective geographies. These areas are shown on the Land Use Plan Map and further identified in the adopted plans. • The Jahnke/Chippenham Development Area Plan (adopted 1983) • The Bon Air Community Plan (adopted 1986) • The (Northern) Jefferson Davis Corridor Plan (adopted 1993) • (Eastern) Route 360 Corridor Plan (adopted 1995) • The Eastern Midlothian Plan (adopted 1998) • Midlothian Area Community Plan (adopted 2000) • The Chester Plan (adopted 2005) • Northern Courthouse Road Community Plan (adopted 2008). SPECIAL AREA PLANS EEl .-.he fo. lI wing S:pecW Area Mans were adoL; j �f'L�� tj �u�� ,,I eo � of the �OLfllt �r�riid ;�I gra �.��J ��ji (A _.__......_.__t ......t .._...._.........._...._._.........._...._. _...w_.. ._.i ........__.._._m_..._.. _ ... _..I....w..._........._.........._....... ..............Y._..._..._m N................s................_....._w., ,,.w.._. ru..Ltcwttnits ww i sLw r c„rll....y.anL) ha �jdd leio04ga�... jw msH c�.9 L.sut muM�ci.. .... E, i.:a..i'.6t._V i .n.�?.._ ... tate U ve .sil:.y.:5Laec¢r�V Ar'�tt�...Na.�....(.t�mad�r FUTURE SPECIAL AREA PLANNING EFFORTS Following adoption of the Comprehensive Plan, planning efforts to amend the above plans as well as develop other special area plans as may be identified will be undertaken in conjunction with extensive public involvement.-v-41-a454>...j-n - t4 e 1-e W4i4w��rf-sity....� General Special Area Plan Guidelines The following Special Area Guidelines should be used: g _..__ ._ ___ ____.____..............._..w.v.m....�.......w......___.._-.. Moving F_.�.n ___._____._......_. .ww.............. w__._.._.....__.._..__..__._._.._......__r......... Movorward... The Comprehensive Plan or Chesterfield ield CountyDRAFT 12 1614 Pag...w._.._....._le 1��1*4 _.._•V�=�e_. ��e�at�-a��-��m��t�;....est��as�-.....��a�e•Baa.a�_.i~r--��r��z��a��.q.,��.....�A.�.u,�;�w.,�:--��.v�_..��f ➢ Consider development of other Special Area Plans for communities having unique characteristics or challenges. ,_, _.Where appropriate, consider combining special area planning efforts with revitalization and economic efforts, as identified in the Revitalization and Economic Development chapters. Forward The Comprehensive Plan or Chesterfield..__...._._...._.._._..wa...._.Mww...._. MovingMm...___.._..._�.._..._...._...__._..._.__._.._�_.._............._____ o p f CountyDRAFT 12 1614 Pag �' ,j �� ,, CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: March 11, 2015 Item Number: s.C.s.c. Subiect: Set Public Hearing to Consider Code Amendment Relative to Ettrick Special Design District Standards County Administrator's Comments: County Administrator: Board Action Requested: Set April 15, 2015, for public hearing to consider attached ordinance amendment. Summary of Information: PLANNING COMMISSION ACTION AND RECOMMENDATION On February 19, 2015, following a public hearing the Planning Commission by unanimous vote recommended approval of the attached ordinance amendment. AMENDMENT OVERVIEW The pending Ettrick/VSU Special Area Plan which is to be considered by the Board of Supervisors recommends that the zoning ordinance be amended to incorporate design standards for Office (0), Commercial (C) and Industrial (I) zoned property. The attached amendments would implement the recommendations of the plan. The suggested design standards promote integration of Virginia State University's expansion into the community and an urban -style mixed use pedestrian/bicycle friendly development pattern generally along Chesterfield Avenue and surrounding the Ettrick Train Station. The attached map shows the proposed boundary of the district. Preparer: Kirkland A. Turner Attachments: ® Yes F1 No Title: Director of Planning AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 19-42, 19-99, 19- 131, 19-145, 19-152, 19-159, 19-509.1, 19-513, 19-514.1, 19-600, 19-606, 19-608, 19-609, 19- 611, 19-621, 19-622, 19-623, 19-634, 19-635, 19-636, 19-637, 19-638, 19-640, 19-645, AND 19-649 OF THE ZONING ORDINANCE RELATING TO THE ETTRICK SPECIAL DESIGN DISTRICT. BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-42, 19-99, 19431, 19-145, 19-152, 19-159, 19-509.1, 19-513, 19-514.1, 19-600, 19-606, 19-608, 19-609, 19-611, 19-621, 19-622, 19-623, 19-634, 19-635, 19- 636, 19-637, 19-638, 19-640, 19-645, and 19-649 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted, to read as follows: Chapter 19 ZONING 111 Sec. 19-42. Special districts. The districts outlined in section 19-41 may also lie within special districts. Those special districts include: floodplain districts, Chesapeake Bay preservation areas, the Upper Swift Creek Watershed, highway corridor districts, emerging growth districts, post development districts, village districts, special design districts, and historic districts and landmarks. 111 Sec. 19-99. Required conditions. The conditions specified in this section shall be met in the R-7 District: 111 (c) Front yard. Unless otherwise specified the minimum setback shall be 30 feet. For lots located along cul-de-sacs, the building setback around the bulb of the cul-de- sac may be reduced to not less than 25 feet. However minimum setbacks for any lot shall be increased where necessary to obtain the required lot width at the front building line. If applicable, the additional setback requirement must be noted on the final plat. Notwithstanding the above, for lots located within the boundaries of the €refA yar-d tbaeks f - lets leeated i Ettrick Special Design District as shown on the zoning maps Village Core (ENIG) the following front yard setbacks shall U- 1928(05):93671.1 1 • Between contiguous developed lots, front yard setback may be reduced to the least front yard setback of any principal building on any adjacent lot; or • For other lots, front yard setback may be reduced to that of any principal building on the same side of the street within 200 feet of the lot. 111 Sec. 19-131. Uses permitted with certain restrictions. The following uses shall be permitted in the 0-1 District subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: 000 (i) Single-family dwellings, provided that: (1) The dwellings are located in the ;✓tr-iek Village —O C), &4riel Village G,,,,,,,.,ereial Area (EvG n) or- Matoaca Village Core (MAVC). (2) The dwellings are located on lots of not less than 7,000 square feet in area and not less than 50 feet in width. These dwellings shall be exempt from Division 3, Development Requirements — Office, Commercial and Industrial, except for setback requirements, and except for architectural treatment (section 19-611). (j) A sin le dwelling unit incorporated into a building with a permitted nonresidential use, provided that the dwelling unit is located in the Ettrick Special Design District Village Gemmer-iia Afea iFEvr A 111 Sec. 19-145. Uses permitted with certain restrictions. The following uses shall be permitted in the C-1 District subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot be met, these uses may be allowed by conditional use, subject to the provisions of section 19-13: 1928(05):93671.1 2,, 0 0 <L S 11 - s. ------------ .. 111 Sec. 19-131. Uses permitted with certain restrictions. The following uses shall be permitted in the 0-1 District subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: 000 (i) Single-family dwellings, provided that: (1) The dwellings are located in the ;✓tr-iek Village —O C), &4riel Village G,,,,,,,.,ereial Area (EvG n) or- Matoaca Village Core (MAVC). (2) The dwellings are located on lots of not less than 7,000 square feet in area and not less than 50 feet in width. These dwellings shall be exempt from Division 3, Development Requirements — Office, Commercial and Industrial, except for setback requirements, and except for architectural treatment (section 19-611). (j) A sin le dwelling unit incorporated into a building with a permitted nonresidential use, provided that the dwelling unit is located in the Ettrick Special Design District Village Gemmer-iia Afea iFEvr A 111 Sec. 19-145. Uses permitted with certain restrictions. The following uses shall be permitted in the C-1 District subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot be met, these uses may be allowed by conditional use, subject to the provisions of section 19-13: 1928(05):93671.1 2,, 0 0 <L S 11 - 111 (f) Commercial parking lots provided they are within the Ettrick Special Design District. Village Gere (EVC) er- &4iek Village r,,,, mereial n fe (Evnr ) b b Sec. 19-152. Uses permitted with certain restrictions. The following uses shall be permitted in the C-2 District subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot be met, these uses may be allowed by conditional use, subject to the provisions of section 19-13: 111 (i) Prepared food and fruit and vegetable vendors, provided that: 1928(05):93671.1 (1) The use shall occur no more frequently than three days in any seven-day period beginning on Monday and ending on Sunday, provided that the use shall not occur more frequently than three consecutive days. (2) Only prepared food and fruits and vegetables shall be sold. (3) The use shall be permitted only on a lot or parcel occupied by a permanent use. (4) A stand, not to exceed 200 square feet in area, and one properly licensed, inspected and operative truck or other vehicle may be placed or parked onsite, when utilized by the vendor. (5) The use shall be permitted only where improved permanent parking facilities are available and the required minimum and most convenient parking spaces for the existing permanent use shall not be used. (6) Any temporary structure, vehicle, sign or other material associated with or resulting from the use shall be removed from the lot or parcel no later than 24 hours following the end of each sales period. (7) All vendor areas shall be located a minimum of 100 feet from any property in an R, R-TH or R -MF District or any property currently zoned agricultural and designated for residential use on the comprehensive plan unless the sales area is separated from such property by a permanent building. All such vendor areas shall be located in accordance with the district's minimum setbacks, except that in the Ettrick Special Design District the use may also be located within permitted hardscaped pedestrian areas. QC,01 2 (8) Hours of operation for vendors shall be restricted to the hours of operation of the permanent use on the lot or parcel. Sec. 19-159. Uses permitted with certain restrictions. The following uses shall be permitted in the C-3 District subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot be met, these uses may be allowed by conditional use, subject to the provisions of section 19-13: (f) Motor vehicle sales and rental, excluding commercial vehicles such as buses, tractor -trailer trucks, dump trucks, stake bed trucks, vans where the cargo area cannot be accessed from the driver's seat without exiting the vehicle and/or cab and chassis vehicles; construction equipment and motor vehicle consignment lots, and as accessory to sales and rental, service and repair, to exclude body repair, provided that: (1) Motor vehicle service and repair is not located in any of the areas identified as part of Chester Village in section 19-606. (2) All such uses shall be set back a minimum of 100 feet from adjacent R, R- TH, R -MF and O Districts or A Districts that are shown on the comprehensive plan for R, R-TH, R -MF or O use. This setback shall be landscaped according to section 19-522(a)(4) of the Development Standards Manual. (3) Storage yards for vehicles awaiting body repair, painting, auction or wholesale sales shall be screened from view of any adjacent properties on which such yards are not permitted or do not exist, and from external public roads or areas currently zoned agricultural and shown on the comprehensive plan for residential or office use. (4) All garage -type doors shall be oriented away from, or screened from view of, adjacent residential or office zoned properties, external roads or areas currently zoned agricultural and shown on the comprehensive plan for residential or office use. (5) There shall be no elevated display of motor vehicles. (6) Except for minimal repairs necessary to allow a vehicle to be moved into the service area, all allowed repair activities and storage of new or replaced repair materials shall occur inside the buildings unless screened as required by Section 19-159(h). (7) Motor vehicle sales is not located in Village Districts as identified in Section 19-606 or the Ettrick Special Design District. 1928(05):93671.1 4 (8) Such use is not located within a shopping center unless the use was in existence prior to May 26, 2004. 111 Sec. 19-509.1. On -street parking in a TND District or Ettrick Special Design District. Except along roads identified on the county's Thoroughfare Plan, improved, designated parking spaces in a public right-of-way may be counted toward the required number of parking spaces for each use within a TND District or the Ettrick Special Design District when more than one- half of each such space resides in front of the use. However, parking spaces in a public right-of- way shall not be designated in any way for a use. On -street parking spaces not in front of a use may be counted toward the required number of parking spaces within an overall block. 111 Sec. 19-513. Parking spaces required. Except as provided for in sections 19-510(c) or 19-608(a), the minimum number of parking spaces to be provided for each use shall be as follows: 1928(05):93671.1 5 '0Gf �` Use Number o S aces (a) Residential and Lodging: (1) Except as noted in subsections 2 and 3, 2 for each dwelling unit. Townhouse developments shall dwellings, to include single-family, two-family, provide 1 additional space for each 5 dwelling units as multifamily, townhouses and manufactured guest parking. homes outside of MHA zoningdistricts (2) Dwellings, multifamily restricted to "housing for older persons" as defined in the Virginia 1.2 spaces for each dwelling unit Fair Housing Law with no persons under 19 ears of age domiciled therein. (3) Dwellings, multifamily assisted living 0.8 spaces for each dwelling unit (4) Motels, hotels, boardinghouses 1 per bedroom With lounges/restaurant Add 1 per 150 square feet for such area With meeting facilities Add 1 per 3 seats for such area (5) Rest homes and nursing homes 1 for each 4 beds (b) Educational Schools: (1) Colleges, universities, senior high schools 1 for each employee, plus 1 for each 6 students (grades 10--12 maximum at 1 time) (2) Elementary and junior high schools (grades 1-- 5 plus 1 for each employee 9) 1 for each 20 children enrolled up to a maximum of 6 (3) Nursery schools and child care centers spaces, plus 1 for each employee (see section 21.1 21-9 19-514(e)(2)) (c) Places of Assembly: (1) Churches and funeral parlors 1 for each 4 seats (2) Clubs, lodges and assembly halls without fixed 1 for each 100 square feet of floor area used for seats assembly 1928(05):93671.1 5 '0Gf �` 1928(05):93671.1 Use Number o S aces (3) Stadium and arenas 1 for each 4 seats (4) Theaters, auditoriums and other places of 1 for each 3 seats public assemblywith fixed seats (d) Hospitals 1.5 for each bed (e) Recreational: (1) Driving ranges 1.2 for each driving tee (2) Golf courses 60 per 9 holes (3) Miniature golf courses 3 for each hole for the first 18 holes, plus 2 for each hole for the second 18 holes, plus 1 for each hole thereafter (4) Swimming pools 1 for each 90 square feet of combined swimming and wading areas (5) Tennis, racquetball, squash and handball courts 4 for each court (6) Volleyball courts 12 for each court (7) Indoor athletic fields without spectator seating 45 spaces for each field (8) Other indoor commercial recreational facilities i for each 200 square feet of gross floor area (9) Go kart, bumper boats and similar facilities 1 for each 3 boats/karts that can be accommodated on the track/water at any one time (10) Sports/play fields 30 for each field (f) Vehicle Sales and Service: (1) Self-service gasoline stations i for each 200 square feet of gross floor area for attendant's booth store, etc. (2) Motor vehicle service stations 3 plus 3 for each service bay (3) Vehicle sales, service and rental establishments 1 per 400 square feet of enclosed sales, rental, office and (to include bicycles) parts floor area, plus 1 for each 2,500 square feet of open sales/rental display lot area, plus 3 for each service ba (g) Office and Business: 1 for each 400 square feet of gross floor area located (1) Building supply or home centers within a building plus 1 per 2,000 square feet of outside storage (2) Furniture and appliance store 1 per 750 square feet of gross floor area (3) Kennel, commercial 1 for each 500 square feet of gross floor area, 5 spaces minimum (4) Offices: a. Buildings have a gross floor area of 10,000 1 for each 200 square feet of gross floor area, 5 spaces square feet or less minimumu b. Buildings having a gross floor area in 1 for each 200 square feet of gross floor area for the first excess of 10,000 square feet, but less than 10,000 square feet of gross floor area plus 1 for each 250 50,000 square feet square feet in excess of 10,000 square feetu 1 for each 200 square feet of gross floor area for the first c. Buildings having a gross floor area in 10,000 square feet of gross floor area plus 1 for each 250 excess of 50,000 square feet, but less than square feet for the next 40,000 square feet, plus 1 for 75,000 square feet each additional 300 square feet in excess of 50,000 square feeP 1 for each 200 square feet of gross floor area for the first d. Buildings having a gross floor area of 10,000 square feet of gross floor area, plus 1 for each 75,000 square feet or greater 250 square feet for the next 40,000 square feet plus 1 for each additional 300 square feet for the next 25,000 square feet plus one for each additional 400 square feet 1928(05):93671.1 111 Sec. 19-514.1. Design standards for parallel parking. Parallel parking may be used for required parking off-street, and on -street in village districts, the Ettrick Special Design District and the TND zoning district. Spaces shall be legibly 1928(05):93671.1 7 a Use Number o S aces in excess of 75,000 square feetu (5) Restaurants 1.5 per 100 square feet of gross floor areae (6) Drive-in and/or fast-food restaurants 2 per 100 square feet of gross floor area, 15 spaces minimumt (7) Retail stores, personal service and repair shops, 1 per 200 square feet of gross floor areae banks, etc. (8) Shopping centers or similar retail groups of 4.4 per 1,000 square feet of gross floor area w buildings (h) Business and Industrial: (1) Mini -warehouses 1 per employee, 5 spaces minimum (2) Office warehouses, when the office space is less than 50 percent of the gross floor area of the building and retail uses are permitted as an 1 per 400 square feet of gross floor area accessory use or if office space is more than 50 percent and retail uses are not permitted (3) Office warehouses, when the office space is more than 50 percent of the gross floor area of 1 per 300 square feet of gross floor area the building and retail use is permitted as an accessory use (4) Office warehouses, when the office space is less than 50 percent of the gross floor area and 1 per 750 square feet of gross floor area there is no retails ace (5) Manufacturing and industrial plants, including 1 per employee up to 300, plus 1 per 2 employees in related offices, laboratories, warehouses and excess of 300; spaces to be computed based on storage maximum number of employees on site at any one time (6) Laboratories, research and development facilities, other than those related to 1 per 300 square feet of gross floor area manufacturing 1 per employee, plus 1 per 200 square feet of gross floor (7) Warehousing, wholesaling houses and area for front counter sales and stock area, plus 1 per distributors company vehicle (spaces to be computed on maximum number of employees onsite at any one time (8) Go kart, bumper boats and similar facilities 1 for each 3 boats/karts that can be accommodated on the track/water at any one time 9 Sports/play fields 30 for each field i Other: (1) Ambulance service or rescuesquad 3 per motor vehicle operated for such use (2) Greenhouses, nursery centers, lawn and garden 1 per 200 square feet of gross floor area located within a centers building plus 1 per 700 square feet of gross area located in greenhouses oro en storage/growing areas 3 Prepared food and fruit and vegetable vendors 1 5 for each vendor [1] In the Ettrick Special Design District, 2.2 parking spaces per 1.000 square feet of gross floor area for the use shall be provided. 111 Sec. 19-514.1. Design standards for parallel parking. Parallel parking may be used for required parking off-street, and on -street in village districts, the Ettrick Special Design District and the TND zoning district. Spaces shall be legibly 1928(05):93671.1 7 a striped to be seven (7) feet wide and twenty-two (22) feet long with 4 inch white lines perpendicular to the curb or edge of pavement. 111 Sec. 19-600. Areas of applicability and exemptions. The post -development areas shall include all lands as specified herein and which are located in office, commercial, business and industrial districts. Post -developed areas shall include: 000 Community, bounded by Depuy Read en the > the Golenial Heights eefpefate lifflits on the east, the Petersburg eerporate limits on the south and the 111 Sec. 19-606. Areas of applicability and exemptions. The village district shall include all lands specified in this section. (1) The Midlothian Village Core, comprised of all that shown on the Chesterfield County zoning maps as Midlothian Village Core or MVC. (2) Midlothian Village Fringe, comprised of all that area shown on the Chesterfield County zoning maps as Midlothian Village Fringe or MVF. (3) Chester Village Core, comprised of all that area shown on the Chesterfield County zoning maps as Chester Village Core or CVC. (4) Chester Village Fringe East, comprised of all that area shown on the Chesterfield County zoning maps as Chester Village Fringe East or CVFE. (5) Chester Village Fringe West, comprised of all that shown on the Chesterfield County zoning maps as Chester Village Fringe West or CVFW. (6) Chester Village Corridor East, comprised of all that shown on the Chesterfield County zoning maps as Chester Village Corridor East or CVCE. zoningGounty Villages as &triek . ( ) 7) The Bon Air Village, comprised of all that area shown on the Chesterfield County zoning maps as Bon Air Village District or BAVD. (9) (8) The Matoaca Village Core, comprised of all that area shown on the zoning maps as Matoaca Village Core or MAVC. 1928(05):93671.1 8 Q 111 Sec. 19-608. Exceptional development standards. (a) Parking: Parking requirements in the village district for indoor commercial recreational facilities; self-service gasoline stations; office buildings of up to 26,500 square feet; restaurants, including fast-food and drive-in restaurants; retail stores; personal services; repair shops; banks; greenhouses; nursery centers; and lawn and garden centers shall be based on the requirements for shopping centers or similar retail groups of buildings as set forth in section 19- 513. Improved, designated parking spaces in a public right-of-way may be counted toward the required number of parking spaces so required when more than one-half of each such space adjoins the site. Further, the required number of parking spaces may be reduced by ten percent if the development contains a sidewalk or other pedestrian walkway system that connects to existing walkways or that may be connected to future walkways. In addition if approved by the director of planning, in the Bon Air Community as defined in Section 19-600, a business may reduce the required number of onsite parking spaces by pro -rata if it has an agreement with another entity permitting off-site parking on a lot located within the Bon Air Community boundaries or within 1000 feet of the Bon Air Community boundaries. All other requirements of division 1, subdivision II of this manual shall apply as described. in the m ^' Village Gere-,4he fellewinb uses shall be bPeer- plan area whieh does not exeeed five theusand b >000) feet,uare uses, >r-epaif sheps, (b) Landscaping: (1) All Midlothian Village Areas: Landscaping within setbacks along rights-of-way shall conform to the recommendations set forth in The Village of Midlothian Technical Manual dated September 1991. -(3) All other village districts: At least one large deciduous tree, as defined in section 19-518(b)(2), shall be included in each landscaped area, in lieu of the one small tree required by section 19-519(b). All other landscaping requirements of sections 19-519, 19-609 and 19-610 shall apply in all village districts. (c) External lighting: Except for lamps attached to a building, the maximum height for lampposts shall be 20 feet. All fequifements-efseetien-1-9-573-shall apply inrthe &fief Village > > lights,as s and lighting village, that is in keeping with thesmall seale pedestrian eriented ehar-aetef of the dice ,afge laffips� shat be ef pted ^fn saidfents Lamps attached to a building shall b be no higher than the roofline or parapet wall. 1928(05):93671.1 9 � G P "; 8 111 111 Sec. 19-609. Setback requirements for O and C Districts. t11C b. For- par4iag and dfives, setbaeks shall be as fellevvs--. i. FE)f new eenstfuetienthe minimum front ad eofner- side set -i aek faf dfives and par -king afeas shall be ne less than the ftent litie A -f. the buil. ing . ith the least setb ek on the,., 1+' T t -h -e e o buildf x„ b fff b areas shall be 15 feet. par -king areas shall -be 15 fe , frent of the —big line, fifteen feet -sethaek and—a—le (appr-o�Eifn4ely thfee— feet) —hedge sueh as b b feet,shall be zer-e > buildings, The ten feet -fq-r-- d-fiveways and par -king areas may be r-edueed te zefe feet - with the ef a few feet deeer-ative—€enee alonb the adjaeen residential lot and the ten feet setbaek faf buildings may be r-edueed te zero fee sh ll be 20 feet. 1928(05):93671.1 10 y 1-11111"IMI'l-M-0- NOR b. For- par4iag and dfives, setbaeks shall be as fellevvs--. i. FE)f new eenstfuetienthe minimum front ad eofner- side set -i aek faf dfives and par -king afeas shall be ne less than the ftent litie A -f. the buil. ing . ith the least setb ek on the,., 1+' T t -h -e e o buildf x„ b fff b areas shall be 15 feet. par -king areas shall -be 15 fe , frent of the —big line, fifteen feet -sethaek and—a—le (appr-o�Eifn4ely thfee— feet) —hedge sueh as b b feet,shall be zer-e > buildings, The ten feet -fq-r-- d-fiveways and par -king areas may be r-edueed te zefe feet - with the ef a few feet deeer-ative—€enee alonb the adjaeen residential lot and the ten feet setbaek faf buildings may be r-edueed te zero fee sh ll be 20 feet. 1928(05):93671.1 10 y HILI Sec. 19-611. Architectural treatment. village ehar-aeter- ef Ettr-iek. New or altered buildings sheuld be b enefally eensistent in height, 7 massing (shape) and materials with existing str-uetur-es in the village. The intent ef this seetien is te insufe funetienal and visual b mitatien of ast ar-ehiteetural . {b)Lqj Within the Matoaca Village Core: (1) New development shall be compatible with the pedestrian scale and historic village character of Matoaca Village. New or altered buildings should be generally consistent in height, scale, massing (shape) and materials with existing structures in the village. (2) All new buildings and building additions shall be compatible with late 19th or early 20th Century residential architecture. Design features shall include, but not be limited to, style, articulation, size and location of doors and windows, architectural ornamentation, and use of materials such as brick and/or siding for exterior walls and asphalt shingle, simulated slate and/or standing seam metal for roofs. Nothing in this section shall preclude the use of imitation or artificial materials or elements, so long as such materials and elements are similar in appearance, style, detail and design to the materials used in late 19th or early 20th Century residential architecture. (3) Architectural treatment of all buildings shall be compatible with buildings located within the same block or directly across any road, as determined by the Director of Planning. At locations where the existing buildings do not conform to late 19th or early 20th Century residential architecture, the Director of Planning may approve a new architectural treatment or theme. Compatibility may be achieved through the use of similar building massing, materials, scale, colors or other architectural features. (4) Buildings adjacent to River Road or Pickett Avenue provide a pedestrian entrance from River Road or Pickett Avenue and shall appear to have a main entrance facing the public right of way. On corner side yards, the building may front either right of way. 1928(05):93671.1 11 ,� v -�,, (E}(b) Within all other village districts: No building exterior (whether front, side or rear) shall consist of architectural materials inferior in quality, appearance or detail to any other exterior of the same building. Nothing in this section shall preclude the use of different materials on different exteriors (which would be acceptable if representative of good architectural design) but rather, shall preclude the use of inferior materials on sides which face adjoining property and thus, might adversely impact existing or future development causing a substantial depreciation of property values. No portion of a building constructed of unadorned cinder block or corrugated and/or sheet metal shall be visible from any adjoining A, R, R-TH, MH, R -MF or O District or any public right-of-way. Further, buildings shall be designed to impart harmonious proportions and to avoid monotonous facades or large bulky masses. Buildings shall possess architectural variety but shall be compatible with existing structures, especially nearby structures of high historic interest. New or remodeled buildings shall enhance an overall cohesive village character as reflected in existing structures. This character shall be achieved through the use of design elements --including, but not limited to, materials, balconies and/or terraces, articulation of doors and windows, sculptural or textural relief of facades, architectural ornamentation, varied roof lines or other appurtenances such as lighting fixtures and/or planting --as are described in the applicable adopted plans and guidelines. Sec. 19-614--19-6230. Reserved. 111 111 Subdivision VI. Development Requirements—Ettrick Special Design District. Sec. 19-621. Purpose and Intent. The purpose and intent of the Ettrick Special Design District is to recognize the area's unique features and opportunities and to shape patterns of development in accordance with the goals, guidelines and recommendations of the Ettrick VSU Special Area Plan, a component of the comprehensive plan. The requirements are designed to foster creation of a densely developed, pedestrian friendly, mixed use environment in and around Virginia State University, the Ettrick Train Station and the surrounding residential community. Sec. 19-622. Area of Applicability. The provisions of this subdivision apply to O, C and I zoned property within the Ettrick Special Design District as shown on the zoning maps. 1928(05):93671.1 12 Sec. 19-623. Development and Use Standards. A. Buildings and Parking Conditions. 1. Buildings and parking in the Ettrick Special Design District shall meet the requirements outlined in Table 19-623.A.1.: 1928(05):93671.1 13 11110 1-91J.1 IN 6a FA. uilding Setbacks (feet)l'l /Required Perimeter Landscapes a. Limited access 40/C 1. Road type b. Chesterfield Avenue, Granger Street, Bessie Lane, and East River 8[2][31 Road c. Other roads 15 2. Interior sided 0 3. Ream 70 B. Parking Setbacks(feet)1'1/ Required Perimeter Landscaping a. Limited access 40/C 1. Road type b. Chesterfield Avenue , Granger Street, Bessie Lane and East River 141 Road c. Other roads 15 151 2. Interior side yard 0161 3. Rear yard 0[61 C. BuildinHeights r71 Minimum of 2 stories and a Maximum of the lesser of 4 stories or 60 1928(05):93671.1 13 Notes for Table 19-623.A.1. L11 Setbacks may be impacted by Floodplain and Chesapeake Bay regulations. j2l At least one principal building- in a project shall be set back as follows: • 75% or more of the fapade shall have a maximum setback of 15 feet; or • if a hardscaped pedestrian area extending from that portion of the building set back greater than 15 feet to the required 8 foot setback line is provided, less than 75% of the facade, but in no case less than 50% of the facade, shall have a maximum setback of 15 feet. F31 Canopies and awnings that create pedestrian arcades shall be permitted to encroach into the required setback and shall not be subject to the limits of Section 19-506. L41 Parking shall be set back as follows: • no closer to the road than the rear of the building; or • if there is no building, the greater of either 1/2 the depth of the lot or no closer to the road than the rear facade setback of the nearest building facing the road. Views of parking from roads shall either be minimized by a building, or 3 to 4 foot high decorative walls, fencing, evergreen hedges or a combination thereof. Hedges shall be maintained at a height of 3 to 4 feet. Walls, fencing and hedges shall be located as follows: • set back from the road at the minimum building setback; or • between the parking and any hardscaped pedestrian area located between the road and the parking area. F51 Parking shall not be located between the fapade of any building and the road. Views of parking areas from roads shall either be minimized by a building, or 3 to 4 foot him decorative walls, fencing evergreen hedges or a combination thereof. Hedges shall be maintained at a height of 3 to 4 feet. Walls, fencing and hedges shall be located as follows: • setback from the road at the minimum building setback; or • between the parkin and nd any hardscaped pedestrian area located between the road and the parking area. Views of parking from adjacent property designated for single family residential use on the comprehensive plan shall either be minimized by a building, or 3 to 4 foot high decorative walls, fencing evergreen hedges or a combination thereof Hedges shall be maintained at a height of 3 to 4 feet. M Height limits are subject to Section 1.9-507. 1928(05):93671.1 14 B. Other Required Conditions 1. Buffers. Buffers required by Section 19-523.A. shall not apply. 2. Architectural Compatibility Generally. Architectural treatment of buildings shall be compatible with buildings located within the Virginia State University campus so as to provide an overall cohesive character, as determined by the director of planning. Buildings shall enhance an overall cohesive character through the use of design elements including, but not limited to: materials, balconies or terraces, articulation of doors and windows, sculptural or textural relief of facades, architectural ornamentation, cornice treatment, or other appurtenances such as decorative lighting fixtures. Buildings should be designed to impart harmonious proportions and avoid monotonous facades or large bulky masses. 3. Building Design. In addition to the requirements of Section 19-570, buildings within the Ettrick Special Design District shall comply with the following: a. Architecture. The required second story shall extend the full frontage of the first floor fagade and have a gross floor area not less than 50% of the gross floor area of the first story. The second story shall be set back from the road an equal distance to that of the first floor unless features such as balconies outdoor dining or other similar amenities which can be used by pedestrians are employed along the facade of the second story, in which case the second story may be set back up to 12 feet further from the road than the first story; • Excluding the area for windows and doors, a minimum of 75% of the facade fronting a road and visible from a road shall be faced with brick, stone, or other materials similar in appearance to brick or stone, • Facades visible from a road shall not be constructed of unadorned or unpainted concrete block, corrugated metal or sheet metal, and • Use of different materials on different facades shall be permitted, but architectural materials inferior in quality. appearance or detail to any fagade of the same building shall not be used. b. Storefront Windows and Pedestrian Entrances. The first floor of any building located within 30 feet of a road shall incorporate storefront windows and pedestrian entrances that either connect directly to the sidewalk along the road or to a sidewalk that connects to the sidewalk along the road. A maximum of 10 linear feet along the front facade of the principal building shall be without 1928(05):93671.1 15 windows or pedestrian entrances. The bottom of windows shall be no lower than 18 inches and no higher than 36 inches above finished grade. 4. Size of Individual Uses. With the exception of hotels, motels, offices or grocery stores, individual nonresidential uses shall not exceed 10,000 square feet of gross floor area. Grocery stores shall not exceed 40,000 square feet. 5. Sidewalks and Pedestrian Amenities Generally. Sidewalk and pedestrian amenities shall be provided along roads and as pedestrian connections from projects to adjacent development. The exact location, treatment, design and use of sidewalks and pedestrian amenities shall be determined at time of site plan review. Prior to site plan approval, easements, acceptable to the Planning Department shall be recorded across such improvements to allow public use. 6. Sidewalks and Pedestrian Amenities Specifically. Sidewalks and amenities shall be provided in conjunction with development as follows: a. Northeast Line of Chesterfield Avenue. Along the northeast line of Chesterfield Avenue, within the required setback: • 8 foot wide sidewalk which incorporates design features such as pavers, landscaping, decorative concrete, curves and other elements to enhance visual interest,• and • 4 feet of the additional sidewalk abutting the 8 foot sidewalk on the interior side of lot incorporating one or more of the amenities allowed within hardscaped pedestrian areas unless the adjacent use incorporates accessory outdoor activities, such as, but not limited to, outdoor dining or display adiacent to the 4 foot of sidewalk. b. Southwest line of Chesterfield Avenue and All Other Roads. Along southwest line of Chesterfield Avenue and all other roads, sidewalk either within or parallel to the road, as approved by Planning and the Transportation Departments. 7. Uses Permitted in Hardscaped Pedestrian Areas. Hardscaped pedestrian areas may be located within required setbacks along roads. Such areas are not subject to side yard setbacks but shall require a rear ,yard setback of 50 feet. Such areas shall not encroach onto required sidewalks. Hardscaped pedestrian areas shall be designed to facilitate, and include amenities to support, outdoor gatherings and activity such as outdoor display of goods sold on the premises, dining, temporary vendors, civic or community events or seating areas. The areas may also include, but are not limited to, pedestrian amenities such as foundation plantings, street furnishings, benches, bike racks and trash receptacles. 1928(05):93671.1 16 C' (y G -L `-:3 ZO 8. Bicycle Facilities. A two-way bicycle facility shall be constructed within the road along the east line of Granger Street and the northeast line of Chesterfield Avenue. The exact design shall be approved by the Transportation Department. 9. Street Trees. Single stemmed street trees having a minimum caliper of 2.5 inches as measured at 4 feet above grade at time of planting shall be planted on an average of 40 feet on center along roads. Unless otherwise approved at the time of site plan review, the same species shall be used along a road and within a project. 10. Exterior Lighting. In addition to the requirements of Section 19-508.3, the following standards shall be met: a. Streetlights. Within required setbacks along Chesterfield Avenue, Granger Street and East River Road, pedestrian scale streetlights shall be installed as follows: • Streetlights shall be designed to enhance the pedestrian character of the design district and be compatible with development standards of the district. The design of fixtures, poles and lamp shall be consistent along a road. • Streetlights shall be spaced generally 40 feet on center. • Fixture mounting heights shall be limited to 12 to 15 feet above the finished rg ade. b. Other Exterior Lighting. With the exception of pedestrian scale streetlights, exterior lighting shall comply with the following; • Exterior lighting shall be designed to enhance the character of the design district and be compatible with development standards of the district; • Freestanding lights shall not exceed a height of 20 feet above finished grade, and • Building mounted lights shall be no higher than the roofline or parapet wall. Vehicular Access. Vehicular drives shall not be located between a building and a road. 12. Drive-in or Drive Through Facilities. Drive-in or drive through facilities shall comply with the following: a. Drive-in or drive through facilities to include windows, bays or similar uses shall be located behind the building and arranged so as to minimize view from Chesterfield Avenue, Granger Street and East River Road east of Bessie Lane; and 1928(05):93671.1 17y ='^ b. The view of stacking spaces from Chesterfield Avenue, Granger Street and East River Road east of Bessie Lane shall be minimized either by a building, or 3 to 4 foot high decorative walls, fencing evergreen hedges or a combination thereof. Hedges shall be maintained at a height of 3 to 4 feet. The setback of the wails, fencing or hedges shall be a maximum of 15 feet unless a hardscaped pedestrian area is provided between the road and the stacking spaces in which case the walls, fencing or hedges shall be located between the stacking spaces and the hardscaped pedestrian area. 13. Gasoline Pumps. Gasoline pumps shall be located behind a building and arranged so as to minimize view from Chesterfield Avenue, Granger Street and East River Road east of Bessie Lane. Views of pumps from other roads shall be minimized either by a building, or 3 to 4 foot high decorative walls, fencing, evergreen hedges or a combination thereof. Hedges shall be maintained at a height of 3 to 4 feet The setback of the walls, fencing or hedges shall be a maximum of 15 feet unless a hardscaped pedestrian area is provided between the road and the gasoline pumps in which case the walls, fencing or hedges shall be located between the gasoline pumps and the hardscaped pedestrian area. Sec. 19-624.--19-630. Reserved. Sec. 19-634. Prohibited signs. 111 111 (h) Moving signs intended to attract attention regardless of whether or not the sign has a written message or whether all or any part of it moves by any means, including but not limited to rotating, fluttering or being set in motion by movement of the atmosphere. This paragraph does not apply to the hands of a clock operating as such, or to computer controlled variable message electronic signs. However, within village and Ettrick Special Design districts, the director of planning may approve such signs for a period not to exceed two days for special community events if notified at least five business days in advance in writing. Sec. 19-635. Signs not requiring permits. The following signs may be erected without a sign permit, so long as they comply with the regulations in this chapter: 000 1928(05):93671.1 18 (g) Barber poles used to advertise establishments which cut hair. Such poles shall be building mounted only and may not revolve unless located within village distfie or Ettrick Special Design districts. (h) Signs allowed to be attached to trees on sites where land disturbing activities are being conducted, such as land disturbance permits, job site numbers and similar temporary signs. 000 Sec. 19-636. Sign design and setback requirements. (a) With the exception of signs permitted to be placed in the right-of-way pursuant to sections 19-635(f), 19-636(e), and 19-637(h), all signs, including directional signs, shall be set back a minimum of 15 feet from all property lines, unless a greater setback is specified by conditions of zoning, approved site or subdivision plans, or by this chapter. (b) Along public rights-of-way, the setback may be reduced to a minimum of 20 feet from the edge of the pavement or the face of curb, but, except as permitted in section 19-636(e), no sign shall be set back less than one foot from the property line, provided the sign shall be relocated to conform to the requirements herein at the time the adjacent road is widened. (c) Within any village dot and Ettrick Special Design districts, the sign setback shall be five feet from the right-of-way line. Sec. 19-637. Limitation on specific signs. (a) Changeable copy signs. (1) Changeable copy is not permitted, unless the changeable component of the sign face occupies one-half or less of the total area of the sign face. This restriction does not apply to changeable copy used in movie theater and fuel price signs. (2) If changeable copy is used, it shall abut the sign face or be integrated into the sign face, provided, however, if the sign is incorporated into a monument structure, the changeable copy need not abut or be integrated into the sign face. Changeable copy added to signs existing prior to April 25, 2001 shall abut the sign face as close as physically possible. (3) Computer controlled variable message electronic signs may be allowed subject to section 19-161(c). (b) Farming signs. (1) Signs displayed for the purpose of farm identification must be located on the farm premises, set back at least 50 feet from the nearest corner of a street intersection. 1928(05):93671.1 ME The sign must be painted or printed and the total aggregate area of all signs shall not exceed 12 square feet in area and a height of ten feet. (2) One temporary sign advertising the sale of farm products grown or produced on the premises is allowed, provided such signs shall not be illuminated, shall be painted or printed, maintained in good condition, and removed within ten days after the end of each growing season. Such signs must be no more than 12 square feet in area and ten feet in height unless located in a village distr-iet or Ettrick Special Design districts, in which case height is limited to seven feet. 111 (g) Order boards: One detached order board and one preview board is permitted for each stacking lane for businesses with drive-through facilities. Order boards and preview boards shall not be included in calculating the number of freestanding signs or in calculating the total aggregate sign area. Such signs must be located so that they are not legible from off the property. Order boards are limited to 30 square feet in area and six feet in height, unless located in a village distriet or Ettrick Special Design districts, in which case the area shall not exceed 12 square feet. Preview boards are limited to 15 square feet in area and six feet in height, unless located in a village distriet or Ettrick Special Design districts, in which case the area shall not exceed 12 square feet. Additionally, one order board not to exceed four square feet in area is allowed for each parking space or fueling location, provided such signs are attached to columns supporting a canopy and have a finish color that matches the colors used on the canopy. One temporary sign not to exceed four square feet in area advertising special products or services may be used along a drive -up window lane, provided it is located so that it is not visible from adjacent residential districts or public rights-of-way. These signs shall not be included in calculating the number of freestanding signs or in calculating the total aggregate sign area allowed for the site. (h) Residential community identification signs. One such sign shall be permitted for each separate street entrance to the community. One such sign shall be permitted on each side of an entrance if both signs are attached to a decorative fence/wall. The sign area allowed is 20 square feet for each 200 dwelling units in subdivisions or residential communities with a guaranteed minimum of 32 square feet and a maximum of 100 square feet. Such signs must be no more than 15 feet in height unless located in a village dist-Fie or Ettrick Special Design districts, in which case height is limited to seven feet. These signs may be located within the public right of way, if approved by the Virginia Department of Transportation, and located within the median strip of the entrance. (i) Scoreboards as well as signs advertising goods, services or products shall be permitted within ball diamonds, ballfields, racetracks, stadiums, arenas or other facilities accommodating sporting events or activities. If a sign is not visible from off the property, there shall be no size or height limitation. If a sign is visible from off the property, it shall not exceed 64 square feet in area. In addition, it shall be attached on the interior of a fence or wall enclosing the facility and shall not exceed the height of the fence or wall. However, where a fence or wall is not provided, the scoreboard or sign shall not exceed a height of eight feet. 1928(05):93671.1 20 0) Signs advertising events for nonprofit organizations must be removed within 30 days after the date of the event. (k) Signs attached to or immediately above fuel dispensers are limited to eight square feet in area. Such signs shall not be included in the total permitted sign area for the facility and shall not be internally illuminated. (1) Signs displaying the name of a house or a home occupation at a single family residence shall not exceed one square foot in area and shall not be illuminated. (m) Signs prohibiting trespassers, hunting, fishing, solicitors or parking or announcing adoption of highways for litter control, posted property, crime watch areas or towing of unauthorized vehicles shall not exceed three square feet in area and shall not be illuminated. (n) Temporary onsite signs bearing the single message "now hiring" shall not exceed four square feet in area and are limited to one per business. Such signs may be displayed only during periods a business is accepting applications for employment. (o) Temporary vendors selling Christmas trees are permitted one sign, not to exceed 32 square feet in area and ten feet in height, unless located in a village distrie or Ettrick Special Design districts, in which case the height shall not exceed seven feet. Such signs may be displayed for 40 days starting November 15 of each year. (p) Under canopy signs within shopping centers are limited to one under canopy sign per store. Such signs shall not exceed eight square feet in area and shall be located in front of the store's main entrance. Such signs shall not be deducted from the sign area permitted for the store. (q) Signs attached to, or visible through, doors or windows that are legible from Zn outside the building shall not exceed an area greater than 15 square feet or 25 percent of the total window and door area located on any one face of the building, whichever is less. Further, signs which are mounted on doors or windows shall be located in the top half of the door or window. (r) Yard sale signs shall not exceed four square feet in area. Such signs are limited to one offsite sign directing the way to the sale and one onsite sign. Yard sale signs may be installed no earlier than 48 hours prior to the sale and must be removed within 48 hours after the date of the sale. (s) Temporary campaign signs are permitted provided that they do not exceed 32 square feet in area and ten feet in height; not exceed seven feet in height in village dot or Ettrick Special Design districts; not be placed on utility poles, traffic control signs or trees or within public rights of way; and are removed 30 days after the election. Candidates shall list all site locations for temporary campaign signs through one (1) permit. 111 1928(05):93671.1 21 00"C', (D 7, Banners shall only advertise or communicate the following: a. Special sales and promotions b. Events c. Hiring and recruitment periods d. Local, state or national business awards e. A new business that has not yet installed permanent signage With the exception of a new business that has not yet installed permanent signage, a banner shall not solely advertise a business name and/or logo. 1 2. Approval: a. Prior to the installation of any banner, an applicant shall obtain approval from the director of planning. The approval request shall be on an application form proscribed by the director of planning, and shall, at a minimum include the following information about the banner: 1) purpose, 2) size, 3) area of building face if building mounted, 4) proposed location, 5) dates of display, and 6) method of fastening or displaying. In addition to the above requirements, the director of planning may request additional information deemed necessary to ensure compliance with this section. b. Banner applications shall not be submitted more than 30 days prior to the proposed display date. c. The director of planning may deny a banner application for up to one year from the issuance of the most recent notice of violation if a property, business or organization has received two notices of violation of this section in any 1.2 -month period. 1928(05):93671.1 22 3. Location and placement. a. Except as otherwise specified in this section, banners shall be located on the same property as the sponsoring business, organization or event that the banner advertises or promotes. b. Banners along public roads must meet the following: 1) Except for village distfiets or Ettrick Special Design districts, a banner shall be located at least 20 feet from the edge of pavement or a minimum of one foot outside of the public right of way, whichever is greater. 2) In village and Ettrick Special Design districts, a banner shall be located at least 20 feet from the edge of pavement or a minimum of five feet outside of the public right of way, whichever is greater; however, if a banner is advertising a community event, such banner may be displayed across a public road subject to the approval of VDOT. c. Banners may be freestanding or building mounted. d. Banners shall not be attached to trees, shrubs, utility poles, guy wires or traffic signs. 4. Other Re uirements. Permitted Display Days Excluding Permitted Banner Size Permitted NonprofitDisplay Banner Type Number Permitted Consecutive (per year) Days For Display Days Nonprofit (per year) Special All Areas Other Freestanding Building ['] Areas (square feet) Mounted a. For a nonresidential community with in- line tenants or 4 60 60 120 120 32 tenants not having direct road frontage [2] [3] b. For outparcel uses within a nonresidential 50 square community; or for 1 60 60 120 120 32 feet or 15% businesses and of building organizations face [4� located outside of a nonresidential [3][5] community c. For the temporary onsite activity of a nonprofit 1 60 Not Applicable 120 32 organization not permanently located on the property. [3][63 1928(05):93671.1 23 d. For a community event of nonprofit 1 15 Not Applicable 120 32 organization on vacant property [3)[7] e. For nonprofit sports Not team recruitment 4 30 Not Applicable 120 32 period, offsite Applicable display [81 f. For a community event banner 1 60 Not Applicable 120 250 displayed across public road in village area [1] Special Areas are shown on the zoning maps as "Banner Limitations Special Areas" and are known as, Eastern Midlothian Special District and Chesterfield Towne Center Southport Area Special District. [2] Of the banners allowed, no more than 2 freestanding banners shall be allowed along the project road frontage and the remainder may be building mounted. No more than 1 banner is permitted per tenant, to allow up to 4 tenants to advertise concurrently. Additional banners may be permitted as provided in footnote [3]. [3] Where the property on which a banner is displayed is located along more than one arterial road, the number of banners permitted may be displayed simultaneously for each arterial road and each banner may be displayed the number of days permitted in this section. An additional banner may be permitted along the road frontage for each 500 feet of project road frontage in excess of 1000 feet. [4] For in-line tenants of a shopping center the banner size calculation shall be based upon the building face of the tenant unit. For other buildings, the banner size calculation shall be based upon the building face on which the banner is displayed. [5] When a banner is displayed by a nonprofit organization and there are multiple nonprofit organizations collocated on the property, no more than one additional banner may simultaneously be displayed for the additional nonprofit organizations located on the property. [6] This banner may be displayed in addition to other banner(s) permitted by this section. [7] Display time shall be limited to 15 days prior to the event. [8] An organization may receive no more than four (4) such banner permits per year. A maximum of four (4) offsite banners may be displayed per advertised recruitment period; only one (1) banner may be displayed perparcel; and all site locations for such event banners shall be listed on one 1permit. Sec. 19-640. Real estate signs. 111 (b) The following real estate/construction signs require a sign permit and are subject to the conditions specified herein: (1) One onsite real estate sign advertising a residential community, provided such sign shall be removed when 90 percent of the dwelling units in the residential community are occupied. 00()IIa--,.- .L � a:) 1928(05):93671.1 24 (2) One construction sign advertising the use to be made of a commercial building or structure and the businesses and firms developing the building or structure. Such sign may be installed when actual construction is started and shall be removed upon occupancy of the building or structure. (3) One construction sign notifying the public that a nonresidential community is coming soon. This sign shall be removed before erection of any other construction sign and in no instance shall be permitted to remain longer than three years. (4) One onsite real estate sign advertising the sale or rent of parcels of land with or without buildings in O, C or I districts, provided such sign is removed within ten days after the transfer of deed or rental of such property. If the sign is no greater than 16 square feet a county sign permit shall not be required. (5) The signs must not exceed 32 square feet in area and a height of ten feet unless located in -a village distr-iet or Ettrick Special Design districts, in which case height is limited to seven feet. Sec. 19-645. Freestanding sign design. (a) Sign structures for freestanding signs shall be covered with (1) a material having a similar color and finish to the building which it advertises; (2) a material and color used elsewhere on the signs; or (3) disguised as an architectural detail such as a column or a decorative wall. (b) Any freestanding sign in a TND, 0-1 or C-1 District shall conform to village or distr-iet or Ettrick Special Design districts standards, with the exception that uses in a TND District that front on a major arterial outside of a -village or Ettrick Special Design districts may use countywide size restrictions for area and height for signs located on the major arterial. XE Sec. 19-649. Size restrictions for specific types of freestanding suns. Sign Countywide Village or Ettrick Special Design District Area Height Area Height Signs identifying a mixed use or multisubdivision 50 15 32 8 occupyinQ 50 acres or less Signs identifying a mixed use or multisubdivision 100 20 32 8 occupying reater than 50 acres Identification signs at secondary entrances to mixed use 50 15 32 8 communities and multi -residential communities Signs identifying a nonresidential community with a 100 20 32 8 minimum of 300,000 square feet of gross floor area 1928(05):93671.1 25 `;..;'qty°off c'�'. Sign identifying nonresidential community with less than 50 15 32 8 300,000 square feet of gross floor area Signs identifying offices and industrial buildings within a 32 8 24 8 nonresidential community Signs identifying other buildings within a nonresidential 20 8 20 8 community Office and business buildings not in a nonresidential 50 15 24 8 community Industrial uses occupying 25 acres or less and not within 50 15 24 8 a nonresidential community Industrial uses occupying more than 25 acres and not 100 15 24 8 within a nonresidential community Signs identifying boarding houses, tourist homes, bed 16 8 16 8 and breakfasts, or buildings with a multifamily use Greenhouses, nurseries, lawn and garden centers 50 15 24 8 Hospitals and funeral homes 50 15 24 8 Group care facilities, rest homes and nursing homes 50 15 24 8 Stadiums, arenas, and other places of public assembly 50 15 24 8 with fixed seats Golf courses, driving ranges, miniature golf courses, 50 15 24 8 bowling alleys, skating rinks, indoor/outdoor health or fitness centers, fraternal clubs and lodges Warehouse and wholesale uses 50 15 24 8 Hotels/motels fronting on interstate highways 150 20 24 8 Hotels/motels not fronting on interstate highways 75 15 24 8 Onsite identification signs for public/semi-public uses 50 15 24 8 including but not limited to churches, schools, libraries, fire stations, water/sewer treatment facilities, and cemeteries which front on roads at least 4 lanes wide Onsite identification signs for public/semi-public uses 32 15 24 8 including but not limited to churches, schools, libraries, fire stations, water/sewer treatment facilities, and cemeteries on roads less than 4 lanes wide Neighborhood recreation facilities 32 15 24 8 Movie theaters 20 per 15 24 8 screen w/ a min. of 50and a max. of 200 Historic building identification signs. Such buildings 16 8 16 8 must appear in the Historical Register for the County of Chesterfield, State of Virginia, or National Historical Register. Restaurant associated with a hotel/motel (only when 20 8 20 8 located in a freestanding building) 1928(05):93671.1 26 Taxi companies, train stations, bus stations, airports, service stations, car washes, vehicle rental, and vehicle repair shops 50 15 24 8 Truck terminals occupying 25 acres or less 50 15 24 8 Truck terminals occupying more than 25 acres 100 15 24 8 Vehicle sales 50 20 24 8 Village or Ettrick Special Design district entryway signs 70 12 70 12 11E (2) That this ordinance shall become effective immediately upon adoption. 1928(05):93671.1 27 ray `�.,'4 G� CSG u ye 1749 yiacn�� CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: March 11, 2015 Item Number: 8.C.9. Subiect: Initiate an Application for Rezoning From Agricultural (A) to Residential (R-15) on Property Located at 20220 Talon Point Court County Administrator's Comments: County Administrator: Initiate an application for rezoning to permit a .5 acre parcel to be combined with an adjacent subdivision lot (20230 Talon Point Court) to permit the construction of a garage on property located at 20220 Talon Point Court (Tax ID 764-608-3499), appoint Kirkland Turner, Director of Planning, as agent for the Board of Supervisors for the purpose of this application and waive disclosure. Summary of Information: Mr. Elswick is requesting that the Board initiate an application to rezone the property from Agricultural (A) to Residential (R-15). Both the adjacent subdivision lot (zoned R-15) and the subject parcel (zoned A) were considered in combination for the purpose of constructing the existing single family dwelling in 1997, as well as associated accessory improvements. when two properties are used in combination for construction, the ordinance requires compliance with building setback standards for the more -restrictive district. As such, the proposed garage must meet building setbacks for Agricultural (A) District. Rezoning this parcel to R-15 would permit the re -subdivision of the 2 properties into one lot, allowing future building improvements to be subject to the less restrictive R-15 setback standards. Preparer: Kirkland A. Turner Title: Director of Planning Attachments: 0 Yes FINo 60,0178' 0,018' 0 0 U 00 NO Lo CD (o d. CD U) uj r.L . .............. . ..... . ..... 40 100' j 4L c) LL- C) C) 00) i a) < 4 CD Cl) C:) 00 N Lo CD (o d. CD U) uj r.L . .............. . ..... . ..... 40 100' j 4L CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: March 11, 2015 Item Number: 8.C.10. Subiect: State Roads Acceptances County Administrator's Comments: County Administrator: Board Action Requested: Adoption of a resolution for the referenced state roads acceptances. Summary of Information: Midlothian District: Brookcreek Crossing Section B Preparer: Scott B. Smedley Attachments: ® Yes Title: Director, Environmental Engineering F-1 No # TO: Board of Supervisors FROM: Department of Environmental Engineering SUBJECT: State Road Acceptance - Brookcreek Crossing, Section B DISTRICT: MIDLOTHIAN MEETING DATE: March 11, 2015 ROADS FOR CONSIDERATION: DIAMOND CREEK DR BRIDGE CREEK DR BRIDGE CREEK CT CREEKWILLOW DR BRIDGE SPRING DR Quell Vicinity Map: BROOKCREEK CROSSING, SECTION B O � Cr s 1. ERIN BROOK CT Q \ 2. COLTON CREEK RD \ 3. BENNETT WOODS WAY O� OMMONS�P A F,p�FrFRDFy EPST� r.A'O O 'L w RIDO OrT�'A F C) s 7 C L T O 2c o ro FP 01 2 3 G� Produced By Chesterfield County GIS Cl CPSTLEPO T C �ST�FFORD pR QJ� �� V O y� a �v �P h Oq LLO J �O �1 Ue OPS z O Pym �y X/ G1LDE OFONTCT yg OROUGH C, O DR ` O HgUk/Fll z CD KERR/ C A ZJ X Y z w Q} u cTOD A Lu \ F ��a N1IGH OCiCy OQ- �� FOODyigY Oyu. AMICHAUX P� 9 Lf O N U W OG y m O U z 4 Obi � 3 J o JUSTICE RD z�/oMMFEcr CHESTERFIELD COUNTY y BOARD OF SUPERVISORS Page 1 of 3 174, AGENDA G Meeting Date: March 11, 2015 Item Number: 8.C.11. Subiect: Approval of Addendum to Amended and Restated Special Assessment Agreement and of Development/Acquisition Agreement for Road Improvements for the Lower Magnolia Green Community Development Authority County Administrator's Comments: County Administrator: Board Action Requested: Authorize the County Administrator to execute (i) an Addendum to Amended and Restated Special Assessment Agreement and (ii) a Development/Acquisition Agreement for Road Improvements for the Lower Magnolia Green Community Development Authority, copies of which are attached; and adopt the attached resolution authorizing the execution of the documents. Summary of Information: In August, 2007, the Board of Supervisors enacted an Ordinance (the CDA Ordinance) to create the Lower Magnolia Green Community Development Authority. The CDA Ordinance created a separate legal entity known as the Lower Magnolia Green Community Development Authority (CDA), the purpose of which is to issue bonds for the construction of the following road improvements: Preparer: Jeffrey L. Mincks Title: County Attorney 0505:92033.1 Attachments: 0 Yes F-1No CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 3 AGENDA Widening of Otterdale Road from two to four lanes for a distance of approximately 1.18 miles from its intersection with Hull Street Road to its intersection with Woolridge Road; Widening of Woolridge Road from two to four lanes for a distance of approximately 2.73 miles from its intersection with Otterdale Road up to the western terminus of the causeway over Swift Creek Reservoir; and Widening of Hull Street Road in an area generally adjacent to Lower Magnolia Green, with a traffic light to be installed. Road construction is to be financed through bonds which are issued by the CDA. The bonds will be repaid through an assessment on owners of property in Lower Magnolia Green. The assessment ordinance was approved by the Board in 2007. It is anticipated that the assessment cost to homes in Magnolia Green, which are based on lot size, will be approximately $55-75 per month and that the first assessment payments will be due in approximately two years. It was originally anticipated that the bonds would be issued and the roads constructed during 2008, but due to the recession, it was not economically feasible to issue bonds. Financial experts have now indicated that bonds can be issued this spring. In order to provide for road improvements to serve the growth in Lower Magnolia Green and other communities in northwest Chesterfield, staff, the CDA, and the developer are proposing that bonds be issued at the end of this month, and that construction of the improvements begin as soon as possible after that. Staff anticipates beginning utility relocation before the end of 2016, with road construction to begin in 2017. In order to move forward on this schedule, the County, CDA, and Developer need to enter into the two attached agreements, an Addendum to the Amended and Restated Special Assessment Agreement (the original of which was approved by the Board in 2007) and a Development/Acquisition Agreement. These agreements, which provide for the responsibilities of the County, CDA, and developer for the issuance of bonds, collection of assessment, and construction of improvements provide that: 1. Bonds will be issued and sold by the end of this month. The Board has also approved a transfer of the school site to be donated by the Developer from one site to another, conditioned upon the bonds being sold by the end of this month, March 31, 2015. The attached resolution also clarifies that the March 31 condition will be met by the execution and delivery of a Bond Sale Agreement by the CDA for the sale of the bonds by the March 31 deadline. 2. If any portion of the Bonds are not sold, the Developer wild -purchase all remaining Bonds for the project. 000:18,3' CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 3 of 3 AGENDA 3. Bonds will be sold in an amount sufficient to provide at least $22 Million in proceeds for construction costs. Additionally, the Developer is contributing a $3 Million up -front payment of its portion of the assessment to provide a $25 Million construction fund. This money will be used to pay as much of the cost of constructing the improvements as possible. Staff believes that these funds will be sufficient to construct all improvements to Woolridge Road, including the Woolridge/Otterdale Road Intersection. It is likely that only a portion of the Otterdale Road improvements will be able to be constructed with these funds. 4. The County has an additional $2 Million available for the project. This money is earmarked for Right of Way acquisition and cost of permitting. If these funds are not sufficient to cover the cost of Right of Way acquisition and permitting, up to $1 Million in bond proceeds will be available for this purpose. Staff believes this provides sufficient funds to cover all Right of Way acquisition and permitting costs. 5. The Treasurer of Chesterfield County will issue bills to property owners in the CDA district which will be included on the property owners, semi- annual real estate tax bills with the first payment expected to be due in approximately two years. 6. The Developers of Lower Magnolia Green have notified all purchasers of property in Lower Magnolia Green in their real estate purchase contracts of the special assessment against their property. The Developer will also work with the Magnolia Green Homeowners Association to ensure that notice of the assessment is provided to future purchasers of lots and homes in Magnolia Green. 7. County Transportation staff will procure the construction contracts for the roads and manage the construction of the roads on behalf of the CDA. 0505:92033.1 A RESOLUTION AUTHORIZING AN ADDENDUM TO AMENDED AND RESTATED SPECIAL ASSESSMENT AGREEMENT AND A DEVELOPMENT/ACQUISITION AGREEMENT WITH RESPECT TO THE LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY WHEREAS, the Board of Supervisors of the County of Chesterfield, Virginia (the "County") created the Lower Magnolia Green Community Development Authority (the "CDA") by ordinance adopted August 22, 2007, as amended on December 19, 2007 (the "CDA Ordinance") to finance certain improvements consisting primarily of road improvements in connection with a mixed-use development known as Lower Magnolia Green (the "Improvements"); and WHEREAS, the Board of Supervisors of the County adopted an ordinance on September 26, 2007 (the "Special Assessment Ordinance") establishing a special assessment on real property within the CDA district and authorizing the execution of a Special Assessment Agreement providing for the levy and collection of such special assessment (the "Special Assessment"); and WHEREAS, pursuant to the Special Assessment Ordinance, the County, the CDA and Magnolia Green Development, LLC, as then landowner and developer (the "Prior Owner"), entered into an Amended and Restated Special Assessment Agreement, dated as of December 1, 2007 (the "Assessment Agreement"); and WHEREAS, the Special Assessment Ordinance provides that the Board of Supervisors may make changes to the Assessment Agreement by resolution; and WHEREAS, pursuant to that certain Deed of Foreclosure dated May 19, 2009, and recorded on May 22, 2009 in the Clerk's Office in Deed Book 8716, Page 828 (the "Foreclosure Deed"), 6801 Woolridge — Moseley TRS, LLC, acquired title to certain real property previously owned by the Prior Owner located within CDA District, as more particularly described in the Foreclosure Deed (the "Property"); and WHEREAS, pursuant to a corporate conversion effective December 21, 2011, 6801 Woolridge Road — Moseley LP ("WRM") became the corporate successor of 6801 Woolridge — Moseley TRS, LLC; and WHEREAS, pursuant to an instrument recorded in the Clerk's Office on January 10, 2012 in Deed Book 9623, Page 30, WRM became the record owner of the Property; and WHEREAS, the County proposes to enter into an Addendum to the Assessment Agreement (the "Addendum") with the CDA and WRM to provide for the issuance of bonds by the CDA and confirming the levy of the Special Assessment pursuant to the Special Assessment Ordinance, the Assessment Agreement and the Addendum; and 54012134_7 G o: is5 WHEREAS, the County proposes to enter into a Development/Acquisition Agreement (the "Development Agreement") with the CDA and WRM to provide for the construction of the Improvements. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Chesterfield, Virginia as follows: 1. Addendum and Development Agreement. The Addendum and the Development Agreement are each approved in substantially the form on file with the County Administrator, with such changes and corrections as do not materially adversely affect the County's interests as may be approved by the County Administrator or the Chairman of the Board of Supervisors, whose approval shall be evidenced conclusively by the execution and delivery of the Addendum and the Development Agreement. The County Administrator and the Chairman of the Board of Supervisors, or either of them, is authorized and directed to execute and deliver the Addendum and the Development Agreement. The County Administrator and the Chairman of the Board of Supervisors, or either of them, and such officers or agents of the County as either of them may designate, are authorized to perform such acts and to execute and deliver such documents, agreements and certificates as such officers may deem necessary or desirable in connection with the transactions contemplated by this Resolution, including, but not limited to, a continuing disclosure agreement with respect to the bonds described in the Addendum. 2. Exchange of Parcels; CDA Bond Sale. The Board of Supervisors on December 10, 2014 approved the exchange of certain parcels of land and relocation of easements in the CDA district subject to certain conditions relating to the sale of bonds by the CDA. The Board of Supervisors acknowledges that such conditions will be satisfied by the execution and delivery not later than March 31, 2015 of a Bond Sale Agreement by the CDA for the sale of bonds that yields no less than $25 million in construction proceeds (which $25 million includes prepayments of Special Assessments in the amount of $3 million by WRM). The resulting $25 million dollars shall constitute Available Moneys to be placed in the Project Fund as defined in and in accordance with the Development Agreement. 3. Ratification of Assessment Agreement. The Assessment Agreement, as amended by the Addendum, is hereby ratified and confirmed. 4. Effective Date. This Resolution shall take effect immediately upon its adoption. Q At a regular meeting of the Board of Supervisors of the County of Chesterfield, Virginia, held on March 11, 2015 on motion by , seconded by the foregoing Resolution was adopted by a majority of the members of the Board of Supervisors by the following recorded vote: MEMBER VOTE Clerk, Board of Supervisors, County of Chesterfield, Virginia -3- 0G -03A7 ADDENDUM TO AMENDED AND RESTATED SPECIAL ASSESSMENT AGREEMENT THIS ADDENDUM TO AMENDED AND RESTATED SPECIAL ASSESSMENT AGREEMENT (this "Addendum") is made as of , 2015, by and among the COUNTY OF CHESTERFIELD, VIRGINIA (the "County"); 6801 WOOLRIDGE ROAD — MOSELEY LP ("WRM") and the LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY (the "CDA"). WITNESSETH WHEREAS, by petition, as amended (the "Petition") filed with the County's Board of Supervisors (the "Board") pursuant to Sections 15.2-5152 et seq. of the Code of Virginia of 1950, as amended (the "Virginia Code"), the Board was requested to create a community development authority to assist in the development of public improvements as set forth in the Petition in conjunction with the development of approximately 1,656.084 acres located in the Matoaca Magisterial District of the County as a mixed-use development consisting of residential, commercial and office components, with recreation facilities and other amenities to be known as Lower Magnolia Green; and WHEREAS, by Ordinance enacted August 22, 2007, as amended on December 19, 2007 (the "CDA Ordinance"), the Board created the CDA and established the Lower Magnolia Green Community Development Authority District (the "CDA District"); and WHEREAS, by Ordinance enacted on September 26, 2007 (the "Assessment Ordinance"), the Board levied a special assessment on real property in the CDA District (the "Special Assessment"); and WHEREAS, the County, the CDA and Magnolia Green Development, LLC, as then landowner and developer (the "Prior Owner"), entered into a Special Assessment Agreement which was subsequently amended and restated in its entirety by an Amended and Restated Special Assessment Agreement, dated as of December 1, 2007 (the "Original Agreement"); and WHEREAS, pursuant to that certain Deed of Foreclosure dated May 19, 2009, and recorded on May 22, 2009 in the Clerk's Office in Deed Book 8716, Page 828 (the "Foreclosure Deed"), 6801 Woolridge — Moseley TRS, LLC, acquired title to certain real property previously owned by the Prior Owner located within CDA District, as more particularly described in the Foreclosure Deed (the "Property"); and WHEREAS, pursuant to a corporate conversion ("Corporate Conversion") effective December 21, 2011, WRM became the corporate successor of 6801 Woolridge — Moseley TRS, LLC.; and WHEREAS, pursuant to an instrument recorded in the Clerk's Office on January 10, 2012 in Deed Book 9623, Page 30, WRM became the record owner of the Property. s WHEREAS, WRM, as owner and new developer of certain land in the CDA District, and the other parties hereto wish to affirm the Special Assessment as set forth in the Original Agreement and to clarify the obligations and responsibilities of the respective parties to this Addendum and to set forth certain additional understandings with respect to the CDA in this Addendum: NOW, THEREFORE, in consideration of the foregoing, the parties set forth the following understandings. 1. Issuance of Bonds. The CDA will issue bonds in the minimum amount provided in Paragraph 5(e) below and in Section 3.09 of the Development/Acquisition Agreement. The bonds to be issued by the CDA (the "Bonds") will be issued in an amount sufficient to pay all or a portion of the cost of the improvements described on Exhibit B to the Original Agreement (the "Improvements") exclusive of (i) those costs which are the sole responsibility of the County under the Development/Acquisition Agreement and (ii) those costs and improvements which are the sole responsibility of WRM under the Development/Acquisition Agreement, plus the costs of issuing the Bonds (including, but not limited to, attorneys' fees, underwriter fees, engineering fees and appraisal fees), the costs of establishing any reserve fund required in connection with the issuance of the Bonds, and the costs of Plans for the construction of the Improvements as set forth in Section 3.01 of the Development/Acquisition Agreement, and may include an amount sufficient to pay interest on the Bonds for a period of not more than twelve months after completion of the Improvements to be financed with proceeds of the Bonds and certain administrative costs incurred by the County in connection with the administration and operation of the CDA as more particularly set forth in the Development/Acquisition Agreement; provided, however, that the aggregate principal amount of the Bonds will not exceed $30,500,000. The Prepaid Amount is equal to $3,000,000 which is an amount that has been or will be paid by WRM and applied as a prepayment of a portion of the Special Assessment applicable to WRM's real estate. The Bonds may be issued in more than one series if the County, in its discretion, agrees to such issuance. The CDA and WRM will use their best efforts to issue the Bonds (or the first series of Bonds if the County agrees to the issuance of Bonds in more than one series) in March 2015, or by such other date to which the parties agree in writing. The County acknowledges and agrees that a fully executed and delivered bond purchase agreement with respect to the Bonds, if entered into on or before March 31, 2015, will satisfy any resolution or ordinance requirements that the Bonds be "issued" on or before such date. Notwithstanding anything in the Original Agreement to the contrary, if any costs associated with the acquisition, design, construction, project management and development of the Improvements exceed the proceeds of the Bonds allocated therefore, such excess cost(s) shall not be the responsibility of WRM provided that (1) all Bonds are sold in accordance with this Addendum and the Development/Acquisition Agreement and (2) WRM performs its obligations under the Development/Acquisition Agreement; and any obligations of WRM and the Petitioner, under the CDA Ordinance, the Special Assessment Ordinance, the 2007 CDA Documents (as defined in the Development/Acquisition Agreement), and the CDOT Correspondence of 2012 (as defined in the Development/Acquisition Agreement) shall be deemed to be satisfied and/or waived as provided in Section 7.05 of the Development/Acquisition Agreement. 0&J'C�Jl9 N 2. Development of Improvements. Contemporaneous with the execution of this Addendum, the CDA, WRM and the County shall enter into a Development/Acquisition Agreement in the form attached hereto as Exhibit A (the "Development/Acquisition Agreement") providing for the completion of some or all of the Primary Improvements (as identified in Exhibit B to the Original Agreement) and the Additional Improvements (identified in Exhibit B to the Original Agreement), consistent with their respective obligations as set forth in the Development/Acquisition Agreement. The Development/Acquisition Agreement will provide for the payment of costs of the Primary Improvements and Additional Improvements and by whom the payments will be borne as well as the conveyance of the Improvements, if not already owned by the County, to the County or other appropriate governmental entity, such as the Virginia Department of Transportation. All obligations regarding the design and construction of the Improvements and timing of the construction shall be governed by, and shall be controlled by, the Development/Acquisition Agreement. Defined terms used in this Addendum which are not otherwise defined herein shall have the meaning set forth in the Development/Acquisition Agreement. 3. Submission of Information. Before the issuance of any series of Bonds, the CDA will submit to the County Administrator and the County's Director of Budget and Management the Limited Offering Memorandum or other disclosure document to be used in connection with the sale of such series of Bonds and such other information with respect to the CDA's finances or WRM's finances, as appropriate, and the issuance of the Bonds as the County Administrator or the County Attorney may reasonably request. Such documents will be furnished to the County solely for informational purposes and receipt of any such document does not constitute approval of any such document by the County. To the extent that such Limited Offering Memorandum or other disclosure document includes information about the County, the CDA, as appropriate, will provide to the County Administrator a draft of such information at least 15 days prior to the publication or use of such document and will either incorporate into such document any changes requested by the County Administrator within such 15 -day period or will provide the County Administrator with a written explanation as to the laws or regulations that would prevent such changes from being made. 4. Special Assessment. (a) Special Assessment. The parties to this Addendum acknowledge and agree to the provisions of Paragraph 4 of the Original Agreement and the levy and collection of the Special Assessment as set forth in the Original Agreement. The sentence beginning with "In order to reduce the likelihood of any" and ending with "foreclosure procedures in general" in Paragraph 4, subparagraph (a)(ii) of the Original Agreement is modified to read as follows: WRM covenants and agrees not to commence, join in, support or sponsor any proceeding to challenge or contest the levy and collection of Special Assessments or any authorization therefor provided such levy and collection or any authorization therefore is in accordance with the CDA Ordinance, the Special Assessment Ordinance, the Rate and Method, the Development/Acquisition k Agreement, and the Original Special Assessment Agreement as supplemented by this Addendum. The foregoing agreement and covenant of WRM shall survive the termination of the Development/Acquisition Agreement. (b) Reduction in Special Assessment for Prepayments; Updated Assessment Roll. The maximum amount of the Special Assessment levied pursuant to the Original Agreement ($87,367,912) shall be reduced by the Prepaid Amount and the prepayments previously made of the Special Assessment in the amount of $35,839.63. On or before the date of issuance of the Bonds (or date of issuance of the first series of Bonds if the Bonds are issued in more than one series) the CDA will furnish to the County an updated Special Assessment Roll taking into account such prepaid amounts and the amounts required to pay principal of and interest on the Bonds (including projected amounts required to pay debt service on any Bonds that will not be issued in the first series of Bonds). (c) Notice to Subsequent Landowners. WRM will include in each sales contract and each deed for the conveyance of a fee simple interest in any portion of land within the CDA District that is owned by WRM and that is subject to an outstanding Special Assessment a disclosure statement that includes a statement of the estimated amount of the applicable portion of the Special Assessment and setting forth the name and address of the CDA's administrator or other location where information regarding the CDA and the Special Assessment may be obtained. All such sales contracts and deeds shall also include a covenant that all subsequent deeds conveying any fee simple interest in land within the CDA District that is subject to an outstanding Special Assessment include such disclosure statement. WRM shall require any homeowners association created in connection with the Lower Magnolia Green development to include in the disclosure provided by the homeowners association information regarding the CDA and the Special Assessment. WRM agrees that it will notify the CDA and the CDA's administrator in writing, within ten (10) days after recordation of a deed of conveyance, of the sale of any land owned by WRM indicating the tax map parcel number of the property sold and the purchaser of the property. 5. Additional Covenants. (a) Public Ownership of Improvements. WRM and the CDA agree that all Improvements financed in whole or in part with proceeds of the Bonds will be owned by the County or other appropriate public entity. WRM and the CDA further agree that the County shall not be required to undertake ownership, operation or maintenance of any such Improvements unless the County agrees to such undertaking or unless provided otherwise in the Development/Acquisition Agreement. It is the County's current intention and expectation that such Improvements will be owned, operated and maintained by the County, the Virginia Department of Transportation or other appropriate public entity. (b) Bonds Not Secured by County's Full Faith and Credit. The CDA Bonds will not constitute a debt or a pledge of the full faith and credit of the County and will not impose any liability on the County except as expressly agreed to by the County in the Original Agreement, this Addendum, the CDA Ordinance, the Assessment Ordinance and the Development/Acquisition Agreement. -4- (c) Minimum Denominations. The CDA will sell the Bonds only in minimum denominations of $100,000 and $1,000 increments in excess of $100,000, with the ability to convert to $5,000 minimum denominations in the event an investment grade rating is obtained for the Bonds. (d) Continuing Disclosure. The CDA agrees to comply with the continuing disclosure requirements to the extent required by Securities and Exchange Commission Rule 15c2- 12 and to furnish copies of all filings under such Rule to the County Administrator within 15 days after filing. WRM and the County shall cooperate with CDA and shall endeavor to provide information with respect to WRM, the Improvements and the Special Assessment, as appropriate, reasonably requested by the CDA in connection with the underwriting and sale of the Bonds or the CDA's disclosure obligations. (e) Purchase of Bonds. If the Authority issues any Bonds, then the Authority shall issue Bonds in the minimum amount of $25,000,000 or in such higher amount that will result in a minimum of $22,000,000 in bond proceeds to be placed in the Project Fund account created under Section 7.1(a) of the Indenture, whichever is higher. Any Bonds issued shall not exceed a total face amount of $30,500,000. If a fully executed and delivered bond purchase agreement for Bonds in such $25,000,000 or higher, as applicable, minimum amount is entered into on or before March 31, 2015, and some or all of such Bonds are not purchased at market clearing rates on or before April 15, 2015, then WRM, or an affiliate company of WRM, shall purchase as many Bonds as are unsold, up to a maximum amount of $30,500,000, at the market clearing rate or rates, from the underwriter selected for the Bonds, Stifei, Nicolaus & Company, Incorporated, which firm shall provide evidence from recent comparable transactions to support the determination of such rate or rates established. Such rate or rates would need to be approved in writing by WRM. To the extent the parties do not agree on rate or rates, WRM shall provide its own evidence of rate or rates from a financial institution, at its own cost, familiar with comparable transactions. In connection with any such purchase of unsold bonds by WRM from the underwriter, the underwriter will be entitled to recover no compensation from WRM. WRM shall make such purchase within fifteen (15) calendar days after the County or the Authority provides written notice to purchase such bonds in accordance with the Notice provision of the Development/Acquisition Agreement, which is set forth in Section 9.02 of the Development/Acquisition Agreement, provided, however, the County or the Authority must give WRM notice to purchase such bonds on or after April 15, 2015, but in no event later than April 22, 2015. (f) Easements. WRM shall grant or cause the granting of easements mutually agreeable to WRM and the CDA within the CDA District to allow for (1) the future development of the County's planned linear park system and (2) access from Woolridge Road to a future fire station site, if requested by the County. (g) Architectural Standards. WRM will use its best efforts to cause the development of attractive, high-quality neighborhoods within the CDA and to implement the practices, guidelines and standards set forth in Exhibit A with respect to future residential development within the CDA boundaries. (h) Bankruptcy of Landowner. In the event that WRM or the CDA is subject to any order, proceeding, liquidation, appointment of a receiver or similar action under state of -5- federal bankruptcy or similar laws with respect to the property within the District or any moratorium, debt restructuring or reorganization plan with respect to WRM, any owner of land within the CDA District or the CDA is instituted with respect to which the CDA or the County has the right to consent, then the CDA and the County, as appropriate, agree that any such consent shall be subject to the prior written approval of the Trustee. (i) Satisfaction of Ordinance Requirements. The County agrees and warrants to WRM that, provided that Bonds in the minimum amount described in Paragraph 1 and Paragraph 5(e) of this Addendum and Section 3.09 of the Development/Acquisition Agreement are issued and sold in accordance with this Development/Acquisition Agreement, the Special Assessment Agreement and the Addendum, the performance by WRM of all of its obligations under the Development/Acquisition Agreement fully satisfies and discharges all obligations of WRM, its predecessors in title and the Petitioner pursuant to and set forth in the Petition, the CDA Ordinance, the Special Assessment Ordinance and other 2007 CDA Documents, and the CDOT Correspondence of 2012, irrespective of whether the Available Moneys are sufficient to complete the construction of the Improvements and whether all improvements referenced and incorporated in the Petition, the CDA Ordinance, the Special Assessment Ordinance and other 2007 CDA Documents, and the CDOT Correspondence of 2012 Improvements have been funded and completed after the Bonds are issued and sold. 6. Notice of Non -Appropriation or Payment. In addition to the provisions in Paragraph 7 of the Original Agreement, not later than ten business days after receipt of a notice of non -appropriation from the County, the CDA shall cause such notice or a summary thereof to be posted with the Municipal Securities Rulemaking Board's Electronic Municipal Market Access System (EMMA). 7. Successors and Assigns. This Addendum will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. 8. Amendments. This Addendum may be amended only in writing signed by each of the parties hereto or their successors and assigns. 9. Term. This Addendum shall be in full force and effect until all Bonds have been paid or deemed no longer outstanding under the Indenture. 10. Original Agreement. The Original Agreement is in full force and effect, except as certain provisions are supplemented or updated by this Addendum and/or the Development/Acquisition Agreement. 11. Severability. no OW Oi93 If any clause, provision or section of this Addendum is held to be illegal or invalid by any court, the invalidity of the clause, provision or section will not affect any of the remaining clauses, provisions or sections, and this Addendum will be construed and enforced as if the illegal or invalid clause, provision or section has not been contained in it. 12. Parties in Interest. Nothing in this Addendum, express or implied, is intended to or shall be construed to confer upon or to give to any person or entity other than the CDA, the County and WRM any rights, remedies or claims under or by reason of this Addendum or any covenants, conditions or stipulations hereof, and all covenants, conditions, promises and agreements in this Addendum shall be for the sole and exclusive benefit of the CDA, the County and WRM; provided, however, the provisions of Paragraph 4(b)(ii) of the Original Agreement and Paragraph 5(i) of this Addendum shall confer upon the Trustee the rights set forth in such paragraphs and shall be deemed for the benefit of the Trustee. 13. Counterparts. This Addendum may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which together shall constitute but one and the same instrument. 14. Governing Law. This Addendum shall be governed by and construed under the laws of the Commonwealth of Virginia without regard to its conflict of law rules. [SIGNATURES ON FOLLOWING PAGES] -7- WITNESS the following signatures. 16191 Lei 9 1 yd WRM COUNTY OF CHESTERFIELD, VIRGINIA By _ Name Title: James J. L. Stegmaier County Administrator 6801 WOOLRIDGE ROAD — MOSELEY LP By _ Name Title: Karl Frey Executive Vice President LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY By Name: Title: Chairman The undersigned enters into this Addendum for purposes of acknowledging and agreeing to the provisions of Paragraph 4 of this Addendum and Paragraph 4 of the Original Agreement. Treasurer, County of Chesterfield, Virginia Exhibit: A - Development/Acquisition Agreement B - Architectural and Design Guidelines 000195 Exhibit A Development/Acquisition Agreement 10, - Q (), i 5 6 A-1 Exhibit B Architectural and Design Guidelines A. All residential areas: 1. To achieve architectural compatibility and a harmonious mixed-use development, Landowner shall utilize the services of a registered architect whose expertise is in residential home design to develop separate design standards for each neighborhood based upon the specific product type (i.e. patio homes, custom homes, townhomes, etc.) for that neighborhood. 2. Materials for fiont porches and/or stoops shall be consistent with the dwelling exterior. No unfinished, salt treated lumber shall be permitted. 3. At a minimum, asphalt paved driveways shall be used. B. All single-family tracts upon which no homes have previously been constructed: 1. Landowner shall provide a copy of the design standards for each particular neighborhood to the County at time of plat approval. The County shall have the right to review and provide comments to the design standards, but final plat approval shall not be contingent upon County staffs approval of the design standards. 2. Landowner shall require all single-family detached homebuilders to submit house design plans for each and every lot to the Architectural Review Board (ARB) established by the homeowner's association for review and approval prior to commencing construction. The ARB shall ensure the plans meet the minimum design standards for that particular neighborhood. The ARB shall also ensure that homes with identical elevations are not constructed next to or across the street from one another. 3. All exposed foundation walls shall be veneered with brick or stone. On homes with basements, the rear foundation wall shall be veneered with brick or stone up to the basement finished floor elevation. 4. Roof materials are limited to architectural dimensional shingles or raised seam metal roofs. B -I c)(110-11917 C. Multi -family tracts: Multi -family tract development is required by current County ordinances to submit building elevations for review and approval. Multi -family buildings will generally adhere to the following: Front facades on the majority of the units shall incorporate brick or stone masonry accents. 2. All facades shall incorporate, as a minimum, a masonry watercourse to a minimum height of thirty six (36) inches. In the case of walk -out basement units, the rear masonry watercourse may be measured from the basement floor elevation. 3. Vinyl siding shall not be permitted on any fayades. 4. Roof materials are limited to architectural dimensional shingles or raised seam metal roofs. D. Community development: 1. Concrete sidewalks and/or asphalt paths shall be provided on both sides of all collector streets to provide connectivity between neighborhoods. Neighborhood sidewalks will be provided in accordance with the Chesterfield County Planning Commission Sidewalk Policy. 2. Decorative street lights will be provided on at least one side of all collector streets. Any street lights installed outside of the requirements of the Chesterfield County Board of Supervisors Street Light Policy shall be maintained by the Magnolia Green Homeowner's Association. 0505:93973.2 47893220.13 1558101323 B-2 C1 e' III') D. D. March 4, 2015 Draft DEVELOPMENT/ACQUISITION AGREEMENT LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY Special Assessment Bonds Series 2015 Dated as of , 2015 0505:93566.2 14908970_10 C 01 D 9 TABLE OF CONTENTS Page ARTICLE I DEFINITIONS................................................................................................. 1 ARTICLE II REPRESENTATIONS OF THE AUTHORITY ............................................. 5 Section2.01 Authority.............................................................................................. 5 Section 2.02 Improvements...................................................................................... 5 Section 2.03 Acquisition/Construction..................................................................... 5 Section 2.04 Eligibility............................................................................................. 6 ARTICLE III CONSTRUCTION OF THE IMPROVEMENTS; PAYMENTS .................... 6 Section3.01 Plans..................................................................................................... 6 Section 3.02 Duty of County and WRM to Construct; Payments ............................ 6 Section 3.03 Sufficiency of Funds............................................................................ 9 Section3.04 Permits............................................................................................... 10 Section 3.05 Change Orders................................................................................... 10 Section 3.06 Defective or Nonconforming Work ................................................... 10 Section 3.07 Maintenance, Insurance and Warranties ............................................ 11 Section 3.08 No Obligations if Bonds are not Issued ............................................. 11 Section 3.09 Acquisition of Bonds......................................................................... 11 ARTICLE IV ACQUISITION OF IMPROVEMENTS....................................................... 12 Section 4.01 Acquisition by County or Public Entity ............................................. 12 Section 4.02 Requisitions........................................................................................ 12 Section 4.03 Agreement to Convey or Dedicate Improvements ............................. 12 ARTICLE V REQUISITION OF BOND PROCEEDS...................................................... 12 Section 5.01 Payment for Improvements................................................................ 12 Section 5.02 Inspection and Fees............................................................................ 14 Section 5.03 Final Payment.................................................................................... 14 Section 5.04 Engineer's Review Not Required for Certain Costs ........................... 14 ARTICLE VI REPRESENTATIONS, WARRANTIES AND COVENANTS OF WRM.............................................................................................................. 14 Section 6.01 Representations, Covenants and Warranties of WRM ...................... 14 -1- 000 TABLE OF CONTENTS (continued) Page Section 6.02 Enforcement of Remedies.................................................................. 15 ARTICLE VII REPRESENTATIONS AND COVENANTS OF THE COUNTY ............... 15 Section 7.01 Authorization; Procurement............................................................... 15 Section 7.02 Capitalized Interest............................................................................ 15 Section 7.03 Additional Information...................................................................... 16 Section 7.04 Enforcement of Remedies.................................................................. 16 Section 7.05 Satisfaction......................................................................................... 16 Section 7.06 Prepayment........................................................................................ 17 Section7.07 Eligibility........................................................................................... 17 ARTICLE VIII TERMINATION............................................................................................ 17 Section 8.01 Mutual Consent.................................................................................. 17 Section 8.02 Force Majeure.................................................................................... 17 ARTICLE IX MISCELLANEOUS ...................................................................................... 17 Section 9.01 Limited Liability of Authority........................................................... 17 Section9.02 Notices............................................................................................... 18 Section 9.03 Severability........................................................................................ 20 Section 9.04 Successors and Assigns...................................................................... 20 Section 9.05 Other Agreements.............................................................................. 20 Section9.06 Waiver................................................................................................ 20 Section9.07 Merger................................................................................................ 20 Section 9.08 Parties in Interest................................................................................ 21 Section 9.09 Amendment........................................................................................ 21 Section 9.10 Counterparts....................................................................................... 21 Section 9.11 Governing Law.................................................................................. 21 Section 9.12 Nature of County's Obligations.......................................................... 21 Section 9.13 Nature of WRM's Obligations........................................................... 21 Section 9.14 Termination of Bond Issuing Authority ............................................. 22 -ii- X0'0201. TABLE OF CONTENTS (continued) Exhibit A — Form of Requisitions Exhibit B — County Contribution Exhibit C — WRM Improvements Exhibit D-- Improvements Page 060,202 DEVELOPMENT/ACQUISITION AGREEMENT LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY Special Assessment Bonds Series 2015 Dated as of .2015 0505:93977.4 14908970_10 March 4, 2015 Draft TABLE OF CONTENTS Page ARTICLE I DEFINITIONS................................................................................................. 1 ARTICLE 11 REPRESENTATIONS OF THE AUTHORITY ............................................. 5 Section2.01 Authority.............................................................................................. 5 Section 2.02 Improvements...................................................................................... 5 Section 2.03 Acquisition/Construction..................................................................... 5 Section 2.04 Eligibility............................................................................................. 6 ARTICLE III CONSTRUCTION OF THE IMPROVEMENTS; PAYMENTS .................... 6 Section3.01 Plans..................................................................................................... 6 Section 3.02 Duty of County and WRM to Construct; Payments ............................ 6 Section 3.03 Sufficiency of Funds............................................................................ 9 Section3.04 Permits............................................................................................... 10 Section 3.05 Change Orders................................................................................... 10 Section 3.06 Defective or Nonconforming Work...................................................10 Section 3.07 Maintenance, Insurance and Warranties ............................................ 11 Section 3.08 No Obligations if Bonds are not Issued.............................................11 Section 3.09 Acquisition of Bonds .......................................... :............................... 11 ARTICLE IV ACQUISITION OF IMPROVEMENTS....................................................... 12 Section 4.01 Acquisition by County or Public Entity ............................................. 12 Section 4.02 Requisitions........................................................................................ 12 Section 4.03 Agreement to Convey or Dedicate Improvements ............................. 12 ARTICLE V REQUISITION OF BOND PROCEEDS......................................................12 Section 5.01 Payment for Improvements................................................................ 12 Section 5.02 Inspection and Fees............................................................................ 14 Section 5.03 Final Payment.................................................................................... 14 Section 5.04 Engineer's Review Not Required for Certain Costs ........................... 14 ARTICLE VI REPRESENTATIONS, WARRANTIES AND COVENANTS OF WRM..............................................................................................................14 Section 6.01 Representations, Covenants and Warranties of WRM ...................... 14 -1- TABLE OF CONTENTS (continued) Page Section 6.02 Enforcement of Remedies.................................................................. 15 ARTICLE VII REPRESENTATIONS AND COVENANTS OF THE COUNTY...............15 Section 7.01 Authorization; Procurement............................................................... 15 Section 7.02 Capitalized. Interest............................................................................ 15 Section 7.03 Additional Information......................................................................16 Section 7.04 Enforcement of Remedies.................................................................. 16 Section 7.05 Satisfaction.........................................................................................16 Section7.06 Prepayment........................................................................................ 17 Section 7.07 Eligibility...........................................................................................17 ARTICLE VIII TERMINATION............................................................................................17 Section 8.01 Mutual Consent.................................................................................. 17 Section8.02 Force Majeure.................................................................................... 17 ARTICLE IX MISCELLANEOUS ......................................................................................17 Section 9.01 Limited Liability of Authority........................................................... 17 Section9.02 Notices............................................................................................... 18 Section9.03 Severability........................................................................................ 20 Section 9.04 Successors and Assigns...................................................................... 20 Section 9.05 Other Agreements.............................................................................. 20 Section9.06 Waiver................................................................................................ 20 Section9.07 Merger................................................................................................ 20 Section 9.08 Parties in Interest................................................................................ 21 Section9.09 Amendment........................................................................................ 21 Section9.10 Counterparts....................................................................................... 21 Section9.11 Governing Law.................................................................................. 21 Section 9.12 Nature of County's Obligations.......................................................... 21 Section 9.13 Nature of WRM's Obligations........................................................... 21 Section 9.14 Termination of Bond Issuing Authority ............................................. 22 -11- TABLE OF CONTENTS (continued) Page Exhibit A — Form of Requisitions Exhibit B — County Contribution Exhibit C — WRM Improvements Exhibit D -- Improvements Exhibit E — Magnolia Green Textual Statement Section 3C(4) DEVELOPMENT/ACQUISITION AGREEMENT Lower Magnolia Green Community Development Authority Special Assessment Bonds Series 2014 THIS DEVELOPMENT/ACQUISITION AGREEMENT, dated as of , 2015, is by and among LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY (the "Authority"), the COUNTY OF CHESTERFIELD, VIRGINIA (the "County") and 6801 WOOLRIDGE ROAD — MOSELEY LP, or its successor or assigns ("WRM"). The Authority was created pursuant to an ordinance enacted August 22, 2007, as amended by ordinance enacted December 19, 2007 (the "CDA Ordinance") by the Board of Supervisors of the County for the purpose of financing the development of those certain transportation improvements described in the Description of the Improvements (as hereinafter defined). The Authority proposes to issue its special assessment bonds to finance all or a portion of the costs of development of such transportation improvements. In this Development/ Acquisition Agreement, the Authority, the County and WRM desire to set forth certain terms and conditions with respect to the acquisition, development and construction by or on behalf of the Authority of such transportation improvements and the completion of such transportation improvements. In consideration of the mutual promises and covenants set forth herein, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Authority, the County and WRM agree as follows. ARTICLE I DEFINITIONS The following terms shall have the meanings ascribed to them in this Article I for purposes of this Development/Acquisition Agreement. Unless otherwise indicated, any other capitalized terms, when used herein shall have the meanings ascribed to them in the Indenture (as hereinafter defined). "2007 Planning Director Letter" means the letter to Magnolia Green Development, LLC, dated June 21, 2007, from Kirkland A. Turner, the Director of Planning and Zoning Administrator for the County "2007 Planning Director Letter Improvements" means those improvements described in Exhibit A to the 2007 Planning Director Letter. "Act" means Sections 15.2-5152, et seq., Code of Virginia of 1950, as amended. "Actual Cost" means the costs, other than the WRM Contribution, substantiated by invoices and other detail as reasonably requested by the Authority with respect to the Improvements which costs include: (i) costs for acquisition, construction, utility relocation, replacement, repair, extension, equipping and enlargement of all roads, public utilities, improvements, structures, rights, rights-of-way, franchises, easements, licenses, interests and other real or personal property acquired or to be acquired by or on behalf of the Authority, the County or other Public Entity; (ii) deposits, charges and fees payable to bonding companies or sureties with respect to payment or performance bonds required by governmental authorities; (iii) costs for architectural, engineering, financial, legal and other consultant services; (iv) costs for plans, specifications, construction drawings, studies and surveys; (v) administrative expenses of the Authority or the County relating to the collection of the Special Assessments as provided in the Special Assessment Agreement and the Indenture; and (vi) other expenses as may be necessary or incident to the construction, acquisition, equipping and financing of the Improvements, but expressly excluding any internal costs of the County for construction management, overhead or other administrative costs relating to the acquisition of right of way and the construction of Improvements (but not excluding the County's costs of third -party contractors or consultants hired by the County in connection with such costs). "Addendum" means the Addendum to Amended and Restated Special Assessment Agreement, dated as of the date hereof, among the County, the Authority and WRM: "Affiliate" means any corporation, limited liability company, partnership, other form of business organization, entity, or, as applicable, natural person, which, whether by ownership or any formal or informal arrangement, controls or is controlled by, WRM, or is controlled by one or more of the same entities or natural persons that controls WRM. "Authority's Administrator" means the individual or firm engaged by the Authority to serve as its administrator, initially MuniCap, Inc. "Authorized Authority Representative" means, for purposes of this Agreement, the Chairman or Vice Chairman or any person or persons designated to act on behalf of the Authority by a certificate signed by the Chairman or Vice Chairman and filed with the Trustee. "Available Moneys" means moneys in the Project Fund created under Section 7.1(a) of the Indenture (but not including any moneys in the Capitalized Interest Account). Available 0505:93977.4 14908970_10 -2- Moneys shall include, at a minimum, proceeds from the sale of the Bonds, which proceeds shall, at a minimum, include at least $22,000,000 in bond proceeds as provided in Section 3.02(h) and Section 3.09 hereof and the $3,000,000 comprising the WRM Monetary Contribution. "Bond(s)" means the Lower Magnolia Green Community Development Authority Special Assessment Bonds, Series 2015, and any other bonds at any time Outstanding under the Indenture. "CDA Ordinance" means the Ordinance creating the Authority enacted by the Board of Supervisors of the County on August 22, 2007, as amended by Ordinance enacted December 19, 2007. "CDOT Correspondence of 2012" means (i) the letter to Karl Frey of iStar Land Company dated December 18, 2012, from R. John McCracken, Director of Transportation for Chesterfield County, Virginia; and (ii) the letter from WRM to the County Department of Transportation submitted on or about January 1, 2013, by which WRM caused to be transferred to the County in escrow the sum of $1,100,000, for the purposes set forth in the letter. "CDOT Correspondence of 2012 Improvements" means those improvements to the intersection of Woolridge Road and Otterdale Road described in the CDOT Correspondence of 2012. "County" means the County of Chesterfield, Virginia. "County Contribution" means those obligations of the County set forth and described in the Exhibit B hereto. "County's Existing CDA Fund" means the $2,000,000 previously set aside by the County to fund the Actual Cost of the County Contribution. "County Representative" means the County Administrator or such officer's designee. "District" means the Lower Magnolia Green Community Development Authority District created by the CDA Ordinance. "EMMA" means the Electronic Municipal Market Access website provided by the "Engineer" means such engineers or firm of engineers or other consultants selected by the County to provide consulting and/or inspection services regarding the Improvements or an authorized designee acting as such under this Development/Acquisition Agreement. 0505:93977.4 14908970_10 -3- "Improvement" or "Improvements" means all or part of the public facility or facilities, as the context shall require, as set forth and described in Exhibit D hereto. The term "Improvement" or "Improvements" shall not include the County Contribution and WRM Contribution, but shall include, without limitation, the CDOT Correspondence of 2012 Improvements and those improvements relating to the intersection of Woolridge Road and Otterdale Road. "Indenture" means the Indenture of Trust by and between Lower Magnolia Green Community Development Authority and the Trustee, dated as of the date hereof. "MSRB" means the Municipal Securities Rulemaking Board, or any successor. "Parcel" means a lot or parcel of land with a tax map identification number assigned by the County for real property tax purposes. "Petition" means the Petition dated June 22, 2007 for the creation of the Authority submitted by Magnolia Green Development, LLC, as prior owner of the land in the Authority District, as amended by the Addendum to Petition dated November 13, 2007. "Plans" means the plans and specifications as incorporated into the construction contracts for the Improvements (subject to any changes thereto resulting from a reduction in scope approved by the County or other change herein permitted) and, to the extent required, approved pursuant to the County Code and applicable standards and directives of the County or the applicable laws, standards and directives of any other Public Entity, including the Virginia Department of Transportation, that will own, operate or maintain the Improvements when completed and accepted for maintenance or acquired. "Project Budget" means the County's budget for the Improvements setting forth the anticipated elements of the Improvements and associated Actual Cost of the Improvements, as more particularly set forth in Section 3.05 of this Development/Acquisition Agreement. "Project Fund" means the fund created under Section 7.1(a) of the Indenture. "Public Entity" means the County or other governmental entity, political subdivision or body corporate and politic, which will take title to an Improvement by dedication, easement, grant or other transfer of ownership or control and/or maintain such Improvement. "Rate and Method" means the Rate and Method of Apportionment of Special Assessment attached as Exhibit A to the Special Assessment Agreement. "Requisition" means collectively the document, substantially in the form of Exhibit A hereto, to be used by the County in requesting payment, together with any supporting 0505:93977.4 14908970_10 H documentation required by the terms of the Requisition, or by this Development/Acquisition Agreement, that must accompany the applicable request. "Special Assessment Agreement" means the Amended and Restated Special Assessment Agreement, dated as of December 1, 2007, as amended by the Addendum, as such Agreement may be amended from time to time. "Special Assessments" means the special assessments levied on real property within the District by the ordinance enacted by the Board of Supervisors of the County on September 26, 2007, and as subsequently amended by any amendments or supplements thereto adopted pursuant to the Act by the Board of Supervisors of the County approving the levy of Special Assessments on real property within the District. "Trustee" means the trustee named in the Indenture, as trustee for the Bonds, or any successor. "WRM Contribution" means collectively those obligations of WRM comprised of the WRM Improvements and the WRM Monetary Contributions. "WRM Improvements" or "WRM Improvement" means all or part of the public facility or facilities, as the context shall require, as set forth and described in Exhibit C hereto. "WRM Monetary Contribution" means collectively the $1,100,000 previously transferred by WRM to the County in escrow pursuant to the CDOT Correspondence of 2012 and the $1,900,000 to be transferred by WRM to the County in escrow pursuant to Section 3.02(h) of this Development/Acquisition Agreement. ARTICLE II REPRESENTATIONS OF THE AUTHORITY Section 2.01 Authority. The Authority is a political subdivision created pursuant to the Act with all powers granted to community development authorities under the Act. Section 2.02 Improvements. The Authority has determined that the Improvements are necessary to meet the increased demands placed upon the County as a result of development within the District. The Authority has the authority under the Act to finance, acquire, construct, equip and maintain the Improvements and to issue the Bonds therefor. The Authority agrees that all Improvements will be owned by the County, the Authority or conveyed by or on behalf of the Authority to another Public Entity. Section 2.03 Acquisition/Construction. The Authority hereby determines that it is in the best interest of the Authority to provide for the construction of the Improvements by the County and to cause the Improvements to be acquired by the County or other Public Entity. 0505:93977.4 14908970_10 -5- Section 2.04 Eligibility. The Authority has determined, and hereby represents, that the Improvements to be funded by Bond proceeds provide a benefit to the District and are eligible to be funded by the levy and collection of Special Assessments as contemplated in the Special Assessment Agreement as amended by the Addendum. ARTICLE III CONSTRUCTION OF THE IMPROVEMENTS; PAYMENTS Section 3.01 Plans. To the extent that it has not already done so, WRM shall cause Plans to be prepared for the Improvements. WRM shall provide such Plans to the County and the Engineer. WRM shall be reimbursed the sum of $361,091 out of the Available Moneys for actual costs expended by WRM in connection with the preparation of the Plans and any revisions thereto. If requested by the County, a written assignment of any Plans prepared by or on behalf of WRM (including any warranties under any contracts with respect to the design, development or construction of the Improvements) for any portion of the Improvements shall be provided to the County or such Public Entity as may be designated by the County. WRM shall be responsible for ensuring that all Plans meet the requirements of the Public Entity that will acquire or accept for maintenance the applicable Improvement. Section 3.02 Duty of County and WRM to Construct; Payments. (a) Construction of Improvements. The Improvements shall be constructed by or at the direction of the County in accordance with the Plans (subject to change orders in accordance with Section 3.05) and in accordance with the Special Assessment Agreement and this Development/Acquisition Agreement. The County agrees to enter into contracts for the construction of the Improvements using Available Moneys; provided, however, that the County shall not utilize Available Moneys to fund the cost of the County Contribution or any portion thereof unless and until the Actual Cost of the County Contribution exceeds the $2,000,000 comprising the County's Existing CDA Fund, in which case, the County may use up to $1,000,000 of Available Moneys to fund the excess Actual Cost of such County Contribution, if any, including, without limitation, any litigation costs, attorneys' fees, court costs or any other costs or expenses relating to or arising from all or any portion of the County Contribution. The County agrees that any costs and expenses of the County Contribution in excess of the $2,000,000 in the County's Existing CDA Fund and the $1,000,000 Available Moneys shall be the sole cost and expense of the County and shall not be funded from Available Moneys. The County in its sole discretion will determine the order in which various components of the Improvements are constructed provided, however, that.the Improvements to the intersection of Woolridge Road and Otterdale Road, including the CDOT Correspondence of 2012 Improvements, are mandatory and construction work on such Improvements shall, at a minimum, have commenced (if not yet substantially completed) before special assessment bills are distributed to landowners within the District, and provided further that Improvements to the intersection of Woolridge Road and Otterdale Road and the CDOT Correspondence of 2012 Improvements shall take priority over any other Improvements to Otterdale Road.. For purposes of this Section 3.02(a), "work on such Improvements" shall include, without limitation, any 0505:93977.4 14908970_10 in design work, right of way acquisition or utility relocation that relates to the intersection of Woolridge Road and Otterdale Road. The County's obligations to construct the Improvements are subject to the availability of sufficient Available Moneys for such purpose. If the cost of constructing the Improvements exceeds Available Moneys, the County may rebid the construction contracts or negotiate a reduction in scope of those Improvements, without the need to consult with WRM or the Authority provided that improvements to Woolridge Road and the CDOT Correspondence of 2012 Improvements shall take priority over any other Improvements relating to Otterdale Road, and provided further that the County shall include the CDOT Correspondence of 2012 Improvements in any reduced scope of work and the CDOT Correspondence of 2012 Improvements including, without limitation, the Improvements to the intersection of Woolridge Road and Otterdale Road, shall be constructed from Available Moneys. Upon the purchase of the Bonds, if not previously commenced, the County shall promptly and expeditiously commence construction of the Improvements and shall diligently pursue the completion of the Improvements including, without limitation, the CDOT Correspondence of 2012 Improvements and the improvements to the intersection of Woolridge Road and Otterdale Road. (b) Construction of WRM Improvements. To the extent, if any, that construction of WRM Improvements has not been completed, WRM will complete the construction of those WRM Improvements that have not yet been completed at no cost to the County or the Authority. WRM agrees to complete the remaining WRM Improvements in a good, workmanlike and commercially reasonable manner in compliance with all applicable legal requirements and all requirements of the Public Entity that will acquire or accept for maintenance the applicable WRM Improvement. WRM agrees to cause the WRM Improvements to be accepted for ownership or maintenance (or both) by the applicable Public Entity. (c) County 'Contribution. The County will pay the costs of acquisition of rights of way and easements and those other items comprising the County Contribution from funds consisting of the County's Existing CDA Fund and up to an additional $1,000,000 using Available Moneys as provided in Section 3.02(a) hereof. (d) Payments for WRM Improvements. WRM will enter into contracts for the construction of the WRM Improvements that remain to be completed at no cost to the County or the Authority. The costs of construction of the WRM Improvements whether previously completed or constructed after execution of this Development/Acquisition Agreement shall be paid by WRM from sources other than Available Moneys. (e) Payment of Capitalized Interest on the Bonds. The County may submit a requisition or requisitions pursuant to Article V hereof to use a portion of the amount on deposit in the Project Fund to pay interest accruing on the Bonds through March 1, 2017, but only if (i) the amounts on deposit in the Capitalized Interest Account created under the Indenture are insufficient to pay interest on the Bonds through March 1, 2017 and (ii) either the Improvements 0505:93977.4 14908970_10 -7- have been completed or after such payment of interest on the Bonds Available Moneys will be sufficient to complete the Improvements. (f) Obligations of WRM and County under other Agreements. Except as expressly provided herein, in the Special Assessment Agreement, in the 2007 Planning Director Letter; and in the CDOT Correspondence of 2012, this Development/Acquisition Agreement shall not alter any remaining obligations of WRM or the County under any other agreement to which WRM and the County are parties or any governmental approval to which WRM or the County is subject, including without limitation proffer obligations unrelated to off-site transportation improvements (and/or impact of similar fees attributed to offsite improvements under the proffers) and conditions of the 2007 Planning Director Letter and the CDOT Correspondence of 2012, with respect to the public improvements required or other obligations of WRM or the County in connection with the development of the land within the District. (g) Compliance with Procurement Act. The County agrees to comply with all applicable requirements of the Virginia Public Procurement Act, Chapter 43, Title 2.2 of the Code of Virginia of 1950, as amended (the "Procurement Act"). The parties acknowledge that construction of the WRM Improvements by WRM is not subject to the Procurement. (h) Upon execution of this Development/Acquisition Agreement by all parties, by the close of business on the business day that is 48 hours after execution by the last party hereto, which date shall be no later than March 18, 2015, WRM shall pay to the Authority the sum of $1,900,000, which sum shall be deposited in escrow in the Project Fund account, set up pursuant to Paragraph 7.1(a) of the Indenture. Additionally, upon execution of this Agreement by all parties, the County shall transfer in escrow to the same Project Fund account the $1,100,000 in funds previously provided to the County in escrow by or on behalf of WRM which the County is currently holding pursuant to the CDOT Correspondence of 2012. Upon sale of the Bonds, at least $22,000;000 in bond proceeds will be placed in the Project Fund account in accordance with Paragraph 7.1 of the Indenture, and such $22,000,000, together with the $3,000,000 comprising the WRM Monetary Contribution, shall be Available Moneys. (i) In accordance with the 2007 Planning Director Letter, the County, WRM and the Authority agree that: If WRM makes to the County the contributions to Project Fund described in Section 3.02(h) of this Agreement, and if Bonds are issued and sold by the Authority in the minimum amount required in Section 3.09 hereof by August 1, 2015, or by such other date to which the Parties agree in writing, then the Authority will have "issued bonds with proceeds of not less than $25,000,000.00 for payment of costs relating to the Improvements" for the purposes of the 2007 Planning Director Letter and WRM will not be required to pay the County an additional $3,000,000.00 and will not be requested or required to pay for each building permit in excess of the first 1,324 units the sum of $10,214.00 (representing the total number of lots, 3550, less 1379, divided into $22,000,000.00) adjusted upward of any increase in the Marshall and Swift Building Cost 0505:93977.4 14908970_10 -8- Index. Further, the County and the Authority agree that the Improvements to be constructed will be deemed to be in-kind contributions pursuant to the zoning conditions applicable to the Lower Magnolia Green Property, the cost of which will be applied to the $1,600.00 per residential lot cash proffer for road improvements as provided in the zoning conditions. In addition, such improvements will be accepted by the County in satisfaction of all requirements, if any, applicable to the Lower Magnolia Green Property relating to the construction of (i) any portion of the extension of the Powhite Parkway and (ii) any offsite improvements other than those improvements specifically described in Section 3C(4) of the Textual Statement, a copy of which section is attached as Exhibit E hereto. If WRM does not make to the County the contributions to Project Fund described in Section 3.02(h) of this Agreement on or before August 1, 2015, or by such other date to which the Parties agree in writing, and/or if Bonds are not issued in the minimum amount described in paragraph (a) above, by August 1, 2015, or by such other date to which the parties agree in writing, then the limits on applications for subdivision approval and building permits described in the 2007 Planning Director Letter shall remain in full force and effect; provided that such limits shall not be applicable if WRM pays to the County the amount of $3,000,000.00 (which includes the 1.1 million dollars previously transferred to the County pursuant to the CDOT Correspondence of 2012) and, for each building permit issued in the Lower Magnolia Green Property other than for the first 1,379 lots, pays the sum of $10,214.00, adjusted upward by any increase in the Marshall and Swift Building Cost Index between April 1, 2008 and July 1 of the fiscal year in which the payment is made. Section 3.03 Sufficiency of Funds. (a) Improvements. Except as expressly set forth in this Development/ Acquisition Agreement, neither the Authority nor WRM shall be responsible for making any payments to any contractor, subcontractor, agent, consultant, employee or supplier of the County including, but not limited to, with respect to any contracts approved by the County or the Authority, other than from Available Moneys, and the County and/or the Trustee, as appropriate, shall be solely responsible for all such costs, including, without limitation, attorney's fees, court costs, and clerk release fees relating to any claim from, and/or removing any lien or lis pendens filed by or on behalf of any contractor, subcontractor, architect, engineer, subcontractor or material provider, relating to or arising from, any contract entered into by the County. The County's obligation described in this paragraph shall include an obligation to pay all sums advanced by WRM and the Authority (if any) for any costs they incur, including, without limitation, attorneys' fees, court costs and release fees, due to the County's breach of its obligations under this paragraph 3.03(a). The Authorized Authority Representative shall not be required to approve any Requisition with respect to the Improvements (or any portion thereof) unless a County representative has certified in writing that the expenditure requested is an Actual Cost of the Improvements and that after such disbursement there will be sufficient funds available 0505:93977.4 14908970_10 W to pay for costs of completing the Improvements from undisbursed Available Moneys in the Project Fund. (b) WRM Improvements. Except as expressly set forth in this Development/Acquisition Agreement, neither the County nor the Authority shall be responsible for making any payments to any contractor, subcontractor, agent, consultant, employee or supplier of WRM, and WRM shall indemnify, defend and hold harmless the Authority and the County with respect to any claim from any such party to any contract entered into by WRM. Section 3.04 Permits. Except for the WRM Improvements, the County shall be responsible for obtaining all governmental authority permits for the Improvements, at no cost to WRM or the Authority provided, however, WRM shall be responsible for obtaining all governmental authority permits for the WRM Improvements at no cost to the County or the Authority using funds other than Available Moneys. Section 3.05 Change Orders. The County shall be responsible for entering into all contract amendments and any supplemental agreements (herein referred to as "change orders") required for the construction of the Improvements in a manner consistent with the CDA Ordinance, the Special Assessment Agreement and this Development/Acquisition Agreement. WRM may enter into change orders or contract amendments with respect to any WRM Improvements. The County may approve and implement any change orders, increase or decrease line items in the Project Budget and reallocate money among line items in the Project Budget so long as such change order increase or decrease does not contravene the County's express obligations under this Development/Acquisition Agreement, including, without limitation, the County's obligation to construct the CDOT Correspondence of 2012 Improvements and the improvements to the intersection of Woolridge Road and Otterdale Road and not to reduce the scope of such CDOT Correspondence of 2012 Improvements and the improvements to the intersection of Woolridge Road and Otterdale Road. Section 3.06 Defective or Nonconforming Work. (a) Improvements. If the workmanship or materials furnished for any Improvement are found by the Engineer or by a Public Entity to be defective or not in accordance with the applicable Plans and/or applicable laws and regulations and standards of the entities that will own, operate or maintain such Improvements, the County, at no cost to the Authority or WRM, agrees to correct such defect or nonconformance. The acceptance or maintenance of such Improvement by a Public Entity shall relieve the County from responsibility hereunder pertaining to such Improvement, except for any obligations with respect to any maintenance bond and related documentation required by any governmental authority. (b) WRM Improvements. If the workmanship or materials furnished for any WRM Improvement are found by the Engineer or by a Public Entity to be defective or not in accordance with the applicable Plans and/or applicable laws and regulations and standards of the entities that will own, operate or maintain such Improvements, WRM, at no cost to the County or 0505:93977.4 14908970_10 -10- the Authority, with respect to the WRM Improvements, agrees to correct such defect or nonconformance. The acceptance or maintenance of such WRM Improvement by a Public Entity shall relieve WRM from responsibility hereunder pertaining to such WRM Improvement, except for any obligations with respect to any maintenance bond and related documentation required by any governmental authority. Section 3.07 Maintenance, Insurance and Warranties. Until the Improvements have been acquired and accepted for maintenance by the applicable Public Entity, the County, or WRM with respect to the WRM Improvements, will require any contractor for such portion of the Improvements to maintain or provide for the maintenance of the Improvements or the WRM Improvements or the applicable portion thereof in good and safe condition (including providing snow removal and removal of excessive dust or mud from construction activities) and to maintain or cause to be maintained adequate insurance on the Improvements or the WRM Improvements or the applicable portion thereof. The County, or WRM, as appropriate, will require any contractor for each portion of the Improvements or WRM Improvements to provide such maintenance bonds as may be required by the Public Entity acquiring or accepting for maintenance the applicable Improvement or WRM Improvement. Section 3.08 No Obligations if Bonds are not Issued. Notwithstanding anything herein to the contrary, the County shall not be required to perform its construction obligations hereunder if the Bonds are not issued (or if the County approves the issuance of the Bonds in series, if the first series of Bonds is not issued). However, WRM's obligation to construct the WRM Improvements shall remain in full force and effect, irrespective of whether Bonds are issued. Section 3.09 Acquisition of Bonds. If the Authority issues any Bonds, then the Authority shall issue Bonds in the minimum amount of $25,000,000 or in such higher amount that will result in a minimum of $22,000,000 in bond proceeds to be placed in the Project Fund account created under Section 7.1(a) of the Indenture, whichever is higher. Any Bonds issued shall not exceed a total face amount of $30,500,000. If a fully executed and delivered bond purchase agreement for Bonds in such $25,000,000 or higher, as applicable, minimum amount is entered into on or before March 31, 2015, and some or all of such Bonds are not purchased at market clearing rates on or before April 15, 2015, then WRM, or an affiliate company of WRM, shall purchase as many Bonds as are unsold, up to a maximum amount of $30,500,000, at the market clearing rate or rates, from the underwriter selected for the Bonds, Stifel, Nicolaus & Company, Incorporated, which firm shall provide evidence from recent comparable transactions to support the determination of such rate or rates established. Such rate or rates would need to be approved in writing by WRM. To the extent the parties do not agree on rate or rates, WRM shall provide its own evidence of rate or rates from a financial institution, at its own cost, familiar with comparable transactions. In connection with any such purchase of unsold bonds by WRM from the underwriter, the underwriter will be entitled to recover no compensation from WRM. WRM shall make such purchase within fifteen (15) calendar days after the County or the Authority provides written notice to purchase such bonds in accordance with the Notice provision of this Agreement, which is set forth in Section 9.02, provided, however, the County or the Authority 0505:93977.4 14908970_10 -11- must give WRM notice to purchase such bonds on or after April 15, 2015, but in no event later than April 22, 2015. ARTICLE IV ACQUISITION OF IMPROVEMENTS Section 4.01 Acquisition by County or Public Entity. WRM agrees to convey any interest it may have in the Improvements to the County, or to such other Public Entity as the County may designate. Section 4.02 Requisitions. The Authority agrees to submit a requisition or requisitions pursuant to the Indenture to pay the costs of the Improvements, but only from Available Moneys, upon receipt of appropriate completed Requisitions, as described in Article V below. Section 4.03 Agreement to Convey or Dedicate Improvements. WRM and the County hereby agree to enter into such additional instruments, to provide for recordation of such plats and to provide such additional assurances for no additional consideration (other than the actual cost of preparing any such instruments or plats) as may be necessary to convey, sell or transfer in fee, dedicate, or grant a public easement in Improvements and to have such Improvements accepted by the appropriate Public Entity, if applicable, to the extent requested by the Authority or the County provided that the County is responsible for certain right-of-way acquisition as part of the County Contribution and pursuant to the Special Assessment Agreement using the County's Existing CDA Fund, and the County may use Available Moneys up to a maximum amount not to exceed $1,000,000 to pay for such right of way acquisition and any remaining County Contribution, including, without limitation, any litigation costs, attorneys' fees, court costs or any other costs or expenses relating to or arising from all or any portion of the County Contribution in accordance with Section 3.02(a). The Authorized Authority Representative shall not be required to approve any Requisition, or applicable portion thereof, unless the Authority has received evidence reasonably satisfactory to it that provision has been made for transfer or dedication of the Improvement, or applicable portion thereof, to the County or another Public Entity designated by the County. ARTICLE V REQUISITION OF BOND PROCEEDS Section 5.01 Payment for Improvements. (a) Requisitions for PUment. The Authority agrees to pay to the County from proceeds of the Bonds constituting Available Moneys, the cost of construction of the Improvements on the terms set forth in Section 3.02 of this Development/Acquisition Agreement. Such payments shall be made not more frequently than monthly upon submission of a complete Requisition by the County. Prior to submission of a Requisition to the Trustee a copy of such Requisition (i) may be submitted to the Engineer, at the County's option, and (ii) shall be submitted to the Authority's Administrator. Within five (5) business days of receipt of any 0505:93977.4 14908970_10 -12- Requisition, the Authority's Administrator shall conduct a review of such Requisition. The Authority will submit all such Requisitions to the Trustee in accordance with the Indenture and this Development/Acquisition Agreement and payments under this Development/Acquisition Agreement shall be subject to the provisions of the Indenture. Upon receipt of a complete Requisition, the Engineer, if requested by the County, shall conduct a review in order to confirm that such request is complete and such work for which payment is being requested has been performed or completed relating to such Improvement identified therein, to verify and approve the Actual Cost of such Improvement specified in such Requisition and to confirm such other matters as the County may request. As promptly as possible after receipt of any Requisition the Engineer shall either (i) approve and execute the Engineer's Certificate attached to the Requisition and forward it to the Authorized Authority Representative for approval, (ii) disapprove the Requisition in whole or in part and execute and forward the approved portion to the Authorized Authority Representative for approval, or (iii) approve the Requisition subject to the satisfaction of certain conditions. In the event the Engineer disapproves the Requisition, the Engineer shall give written notification to the County and the Authorized Authority Representative of the Engineer's disapproval, in whole or in part, as applicable, of such Requisition, specifying the reasons for such disapproval and the additional requirements to be satisfied for approval of such Requisition. After each executed Engineer's Certificate attached to the Requisition has been received by the Authorized Authority Representative from the" Engineer such officer shall have five (5) business days (or such additional reasonable period of time as may be required) after receipt of any executed Requisition to either (x) approve and execute the Requisition and forward to the Trustee for payment, or (y) disapprove the Requisition in whole or in part and execute and forward the approved portion to the Trustee for payment or (z) approve the Requisition subject to the satisfaction of certain conditions. In the event the Authorized Authority Representative disapproves the Requisition, such officer shall give written notification within two (2) business days to the County and the Engineer of such disapproval, in whole or in part, as applicable, specifying the reasons for such disapproval and the additional requirements to be satisfied for approval, of such Requisition. If a Requisition seeking reimbursement or payment for work associated with one or more Improvements is approved only in part, the Engineer and/or the Authorized Authority Representative, as the case may be, shall specify the extent to which the Requisition is approved and shall deliver such partially approved Requisition, if delivered by the Engineer to the Authorized Authority Representative, or if delivered by the Authorized Authority Representative to the Trustee. If any Requisition is disapproved, the County may resubmit such Requisition with such changes or additional information as may be requested by the Engineer or the Authorized Authority Representative. (b) Joint or Third-PartyPayments. Requisitions may request payment jointly to the County and the applicable contractor or supplier of materials, as their interests may appear or payment solely to such third party, if the County so requests in writing as part of the Requisition or if the Authorized Authority Representative or Engineer otherwise determines such joint or third -party payment is appropriate to assure payment to such third party. Payment may 0505:93977.4 14908970_10 -13- appropriately be made solely to, or for the account of, the County if evidence of payment of an Actual Cost by the County and evidence of the release of the related lien, if applicable is presented. (c) Withholding Payments; Mechanic's Lien Releases. Subject to the following paragraph, the Authorized Authority Representative and the Engineer on behalf of the Authority shall be entitled to cause the Trustee to withhold any payment hereunder with respect to any Requisition submitted by the County, if at the time of any Requisition there are any liens for labor and material from a contractor with respect to an Improvement the provision for payment of which has been previously approved and for which no lien releases have been provided by the County. Nothing in this Development/Acquisition Agreement shall be deemed to prohibit the County from contesting in good faith the validity or amount of any mechanic's or materialman's lien and/or judgment or limit the remedies available to the County with respect thereto so long as such delay in performance shall not subject the Improvements or any portion thereof to foreclosure, forfeiture, or sale. Section 5.02 Inspection and Fees. The Authority shall not be required to approve any Requisition for any portion of an Improvement until such portion of the Improvement has been inspected and found to be completed in accordance with the requirements of the Public Entity that will accept such facility for ownership or maintenance and the approved Plans and certified by the Engineer in the Engineer's Certificate submitted with Requisition and the Authorized Authority Representative has approved the Requisition. The Engineer's fees incurred in connection with the reviews shall be paid from Available Moneys. The Project Budget shall include anticipated costs associated with all inspection and review fees. Section 5.03 Final Payment. Upon completion of the Improvements, any funds remaining in the Project Fund shall be used to redeem Bonds to the extent and on the terms set forth in the Indenture. Section 5.04 Engineer's Review Not Required for Certain Costs. Notwithstanding anything herein to the contrary, the Engineer shall not be required to review any Requisition to pay costs of issuing the Bonds, capitalized interest or administrative costs and no Engineer's Certificate shall be required with respect to such costs. ARTICLE VI REPRESENTATIONS, WARRANTIES AND COVENANTS OF WRM Section 6.01 Representations, Covenants and Warranties of WRM. WRM represents and warrants for the benefit of the Authority as follows: (a) Organization. WRM is a limited partnership duly organized, validly existing and in good standing under the laws of Delaware and is authorized to do business in the Commonwealth of Virginia, is, to its knowledge, in compliance with the laws of the Commonwealth of Virginia, and has the power and authority to own its properties and assets and 0505:93977.4 14908970_10 -14- to carry on its business in the Commonwealth of Virginia as now being conducted and as hereby contemplated. (b) Authority. WRM has the power and authority to enter into this Development/Acquisition Agreement, and has taken all action necessary to cause this Development/Acquisition Agreement to be executed and delivered, and this Development/Acquisition Agreement has been duly and validly executed and delivered by WRM. (c) Binding Obligations. This Development/Acquisition Agreement is a legal, valid and binding obligation of WRM enforceable against WRM in accordance with its terms, subject to bankruptcy and equitable principles. (d) Compliance with Laws. WRM shall not commit, suffer or permit any act to be done with respect to the WRM Improvements in violation of any law, ordinance, rule, regulation or order of any governmental authority or any covenant, condition or restriction now or hereafter affecting the WRM Improvements and shall promptly correct any such non- compliance. Section 6.02 Enforcement of Remedies. WRM agrees that notwithstanding anything to the contrary and notwithstanding any termination of this Development/Acquisition Agreement, the Authority shall have any and all legal or equitable remedies available to it for a breach by WRM under this Development/Acquisition Agreement. ARTICLE VII REPRESENTATIONS AND COVENANTS OF THE COUNTY Section 7.01 Authorization; Procurement. The County has the power and authority to enter into this Development/Acquisition Agreement, to perform its obligations under this Development/Acquisition Agreement and to provide the warranties of the County set forth in this Development/Acquisition Agreement. The County has taken all action necessary to execute and deliver this Development/Acquisition Agreement and to perform its obligations hereunder. The County has complied with or will comply with all applicable provisions of the Virginia Public Procurement Act, Chapter 43, Title 2.2 of the Code of Virginia of 1950, as amended. This Agreement and the agreements described herein are consistent with all, and do not contravene any, applicable laws and ordinances, including, without limitation, laws and ordinances relating to the zoning and subdivision of the Lower Magnolia Green property, the proffers, the CDA Ordinance, the Special Assessment Ordinance, the 2007 Planning Director Letter, and the CDOT Correspondence of 2012. Section 7.02 Capitalized Interest. The County represents that March 1, 2017 is not later than one year after the estimated completion date of the Improvements. 0505:93977.4 14908970_10 -15- Section 7.03 Additional Information. The County agrees to cooperate with all reasonable written requests for nonproprietary information by the Trustee, the Authority, the owners from time to time of the Bonds, or the Authority's Administrator related to the status of construction of the Primary Improvements and any other matters deemed material by such parties. Section 7.04 Enforcement of Remedies. The County agrees that notwithstanding anything to the contrary and notwithstanding any termination of this Development/Acquisition Agreement, the Authority and WRM shall have any and all legal or equitable remedies available to it for a breach by the County under this Development/Acquisition Agreement. Section 7.05 Satisfaction. (a) The County agrees and warrants to WRM that, provided that Bonds in the minimum amount described in Paragraph 3.09 herein and Paragraph 1 of the Addendum are issued and sold in accordance with this Development/Acquisition Agreement, the Special Assessment Agreement and the Addendum, the performance by WRM of all of its obligations under this Development/Acquisition Agreement fully satisfies and discharges all obligations of WRM, its predecessors in title and the Petitioner pursuant to and set forth in the Petition, the CDA Ordinance, the Special Assessment Ordinance and other 2007 CDA Documents, and the CDOT Correspondence of 2012, irrespective of whether the Available Moneys are sufficient to complete the construction of the Improvements and whether all improvements referenced and incorporated in the Petition, the CDA Ordinance, the Special Assessment Ordinance and other 2007 CDA Documents, and the CDOT Correspondence of 2012 Improvements have been funded and completed after the Bonds are issued and sold. (b) If Bonds are issued and sold in the minimum amount described in Paragraph 3.09 herein and Paragraph 1 of the Addendum, and for any reason the Bonds do not fund all the improvements identified in the Petition, the CDA Ordinance, the Special Assessment Ordinance and other 2007 CDA Documents, and the CDOT Correspondence of 2012 Improvements, then the County agrees to waive any violation of the Petition, the CDA Ordinance, the Special Assessment Ordinance, other 2007 CDA Documents and the CDOT Correspondence of 2012, and no building, land disturbance or other site development permits will be withheld or denied by the County because any improvement referred to or identified in the CDA Ordinance has not been completed and/or constructed. If the County cannot waive any such violation of, or noncompliance with the Petition, the CDA Ordinance, the Special Assessment Ordinance, other 2007 CDA Documents and the CDOT Correspondence of 2012 that arises because certain improvements cannot be constructed or completed from the Available Moneys, it shall be the County's responsibility to complete and/or construct the improvements to the extent necessary to cure any such violation of or noncompliance as it relates to offsite road improvements. Provided, however, it is in the County's discretion, subject to the limitations set forth in Section 3.02(a), when and if to complete the improvements, so long as no building, land disturbance or other site development permits are being withheld or denied by the County because any improvement referred to or identified in the foregoing has not been completed and/or constructed. The 0505:93977.4 14908970_10 -16- provisions of this Section 7.05(b) are personal to, and shall benefit, WRM and its respective successors and assigns. Provided, however, the provisions of this Section 7.05(b) shall also benefit WRM's grantees, lenders and purchasers (and their successors and assigns) to the extent, but only to the extent, that any building, land disturbance or other site development permit would be or is being withheld or denied because an improvement referred to in the CDA Ordinance has not been completed and/or constructed as required by the Petition or CDA Ordinance. Section 7.06 Prepayment. For purposes of the Special Assessment, the $1,900,000 paid in escrow into the Project Fund account by WRM pursuant to Paragraph 3.02(h), herein, and the $1,100,000 transferred to the Project Fund account by the County pursuant to Paragraph 3.02(h) herein, shall be treated as an accelerated prepayment of the Special Assessment on (i) the multi -family and retail property owned by WRM as to $2,000,000 of the prepaid amount to be allocated equitably among the respective parcels comprising such multi -family and retail property; and (ii) the remaining $1,000,000, together with approximately $822,000 in savings on debt service attributed to such prepayment, for a total of $1,822,000 to be applied to all Class 1, 2, 3, and 5 residential property located in the CDA, which $1,822,000 is to be distributed proportionately in accordance with the Ordinance Establishing A Special Assessment For The Lower Magnolia Green Community Development Authority And Authorizing A Special Assessment Agreement. Section 7.07 Eligibility. The County has determined, and hereby represents, that the Improvements to be funded by Bond proceeds provide a benefit to the District and are eligible to be funded by the levy and collection of Special Assessments as contemplated in the Special Assessment Agreement as amended by the Addendum. ARTICLE VIII TERMINATION Section 8.01 Mutual Consent. This Development/Acquisition Agreement may be terminated by the mutual, written consent of the Authority, the County and WRM prior to the issuance and sale of the Bonds. Section 8.02 Force Maieure. Whenever performance is required of a party hereunder, excluding the payment of money, that party shall use all due diligence and take all necessary measures in good faith to perform, but if completion of performance is delayed by reasons of floods, earthquakes or other acts of God, war, civil commotion, riots, strikes, picketing or other labor disputes, damage to work in progress by casualty or by other cause beyond the reasonable control of the party (financial inability excepted), then the specified time for performance shall be extended by the amount of the delay actually so caused. 0505:93977.4 14908970_10 -17- ARTICLE IX MISCELLANEOUS Section 9.01 Limited Liability of Authority. The Authority makes no warranty, express or implied, that the proceeds of the Bonds constituting Available Moneys will be sufficient to pay the costs of the Improvements. The Authority shall have no responsibility to WRM or the County with respect to the investment of funds under the Indenture, including any loss of all or a portion of the principal invested or any penalty for liquidation of an investment. WRM and the County agree that any and all obligations of the Authority arising out of or related to this Development/Acquisition Agreement are special obligations of the Authority, and the Authority's obligations to make any payments hereunder are restricted entirely to the Available Moneys, if any, in the Project Fund and from no other source. No member of the Authority shall incur any liability hereunder to WRM, the County or any other party in his or her individual capacity by reason of his or her actions hereunder or the execution hereof or otherwise. The Authority agrees and warrants to WRM that, provided that Bonds in the minimum amount described in Paragraph 3.09 herein and Paragraph 1 of the Addendum are issued and sold in accordance with this Development/Acquisition Agreement, the Special Assessment Agreement and the Addendum, the performance by WRM of all of its obligations under this Development/Acquisition Agreement fully satisfies and discharges all obligations of WRM, its predecessors in title and the Petitioner pursuant to and set forth in the Petition, the CDA Ordinance, the Special Assessment Ordinance and other 2007 CDA Documents, irrespective of whether the Available Moneys are sufficient to complete the construction of the Improvements and whether all improvements referenced and incorporated in the Petition, the CDA Ordinance, the Special Assessment Ordinance and other 2007 CDA Documents have been funded and completed after the Bonds are issued and sold. Section 9.02 Notices. Any notice, payment or instrument required or permitted by this Development/Acquisition Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or transmitted by electronic mail, telecopy or facsimile transmission (which shall be immediately confirmed by telephone and shall be followed by mailing an original of the same within twenty-four (24) hours after such transmission) or seventy-two (72) hours following deposit of the same in any United States Post Office, postage prepaid, addressed as follows: Authority: Lower Magnolia Green Community Development Authority c/o Debra M. Girvin 10318 Old Camp Road North Chesterfield, VA 23235 debi.girvin1959@gmail.com Fax: (804) 796-7178 0505:93977.4 14908970_10 -18- with a copy to: MuniCap, Inc. 8965 Guilford Road, Suite 210 Columbia, MD 21046 Attn: Keenan Rice keenen.rice(cr�,municap. com Engineer: Timmons Group 1001 Boulders Parkway, Suite 300 Richmond, VA 23225 Attn: Brian Bortell, President brian.b ortellgtimmons. com County Representative: County Administrator County of Chesterfield 9901 Lori Road P. O. Box 40 Chesterfield, Virginia 23832 ste m�aierjaynchesterfield.gov Fax: (804) 717-6297 0505:93977.4 14908970_10 and Director of Transportation County of Chesterfield c/o Jesse Smith 9800 Government Center Parkway P. O. Box 40 Chesterfield, Virginia 23832 smithiwnchesterfield. aov Fax: (804) 748-8516 -19- WRM: 6801 Woolridge Road — Moseley LP c/o i -Star Financial One Sansome Street 30th Floor San Francisco, CA 94104 Attn: Geoffrey M. Dugan, General Counsel, Corporate and Secretary GDugangistarfinancial. com With a copy to: Elizabeth L. White, Esq. LeClairRyan 5425 Discovery Park Blvd., Suite 200 Williamsburg, Virginia 23188 elizabeth.whitegleclairryan. com Fax: (757) 941-2879 Each party may change its address or addresses for delivery of notice by delivering written notice of such changes of address to the other party. Section 9.03 Severability. If any part of this Development/Acquisition Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Development/Acquisition Agreement shall be given effect to the fullest extent possible. Section 9.04 Successors and Assigns. This Development/Acquisition Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. This Development/Acquisition Agreement shall not be assigned by WRM or the County without the prior written consent of the Authority, which consent shall not be unreasonably withheld, conditioned or delayed, except in whole (including the assumption in writing of all obligations hereunder) to an Affiliate of WRM approved by the Authority and the County. In connection with any such consent of the Authority and the County, the Authority or the County, however, may condition its consent upon the acceptability of the financial condition of the proposed assignee, upon the assignee's express assumption of all obligations of WRM or the County hereunder, as applicable, and/or upon any other reasonable factor which the Authority or the County deems relevant in the circumstances. In any event, any such assignment shall be in writing, shall clearly identify the scope of the rights and/or obligations assigned and shall not be effective until approved by the Authority and the County and shall not relieve the assignor of any of its obligations hereunder. The Authority shall promptly post notice of any such assignment on EMMA. The Authority may assign by a separate writing its rights hereunder to the Trustee, and WRM and the County hereby consent to such assignment. The foregoing notwithstanding, the provisions of Section 7.05(b) shall benefit WRM and its successors and assigns, and also their grantees, lenders, and purchasers (and their respective successors and assigns) to the extent provided in Section 7.05(b). 0505:93977.4 14908970_10 -20- Section 9.05 Other Agreements. Except as expressly set forth otherwise herein, nothing contained in this Agreement shall be construed as affecting WRM's or the Authority's rights or duties to perform their respective obligations under other agreements, use regulations or subdivision requirements relating to the development of the lands in the District. Except as expressly set forth otherwise herein, this Development/Acquisition Agreement shall not confer any additional rights, or waive any rights given, by either party hereto under any development or other agreement to which they are a party. Section 9.06 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Development/Acquisition Agreement by any other party, or the failure by a party to exercise its rights upon the default of any other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Development/Acquisition Agreement thereafter. Section 9.07 Merger. This Development/Acquisition Agreement supersedes any other agreement, whether written or oral, that may have been made or entered into by parties relating to the matters contemplated hereby. This Development/Acquisition Agreement constitutes the entire agreement by and among such parties except as expressly set forth herein. Section 9.08 Parties in Interest. Except as set forth herein, nothing in this Development/Acquisition Agreement, expressed or implied, is intended to or shall be construed to confer upon or to give to any person or entity other than the Authority, the County and WRM any rights, remedies or claims under or by reason of this Development/Acquisition Agreement or any covenants, conditions or stipulations hereof, and all covenants, conditions, promises and agreements in this Development/Acquisition Agreement contained by or on behalf of the Authority, the County or WRM shall be for the sole and exclusive benefit of the Authority, the County and WRM. Section 9.09 Amendment. This Development/Acquisition Agreement may be amended, from time to time in a manner consistent with the CDA Ordinance and the Special Assessment Agreement, by written amendment hereto and executed by the Authority, the County and WRM. Section 9.10 Counterparts. This Development/Acquisition Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Section 9.11 Governing Law. This Agreement shall be governed by the laws of the Commonwealth of Virginia. Section 9.12 Nature of County's Obligations. The County's obligation to make any payments under this Development/Acquisition Agreement shall not be deemed to be a general obligation of the County and any such amounts shall be payable solely from amounts available 0505:93977.4 14908970_10 -21- for such purpose in the Project Fund or from amounts appropriated for such purpose by the Board of Supervisors of the County. Section 9.13 Nature of WRM's Obligations. Notwithstanding anything herein or in the Special Assessment Agreement to the contrary, WRM, its partners, and Affiliates shall have no personal liability for the performance and/or payment of any of WRM's obligations herein or in the Special Assessment Agreement. The foregoing shall not be deemed to in any way preclude the County or the Authority from seeking specific performance or injunctive relief against WRM, nor shall the County or the Authority be deemed to be prohibited from naming WRM in any action to enforce its remedies hereunder (subject to the foregoing exculpation from personal liability). The foregoing limitation on WRM's partners' and Affiliates' personal liability shall not impair the validity of the obligations hereunder or the right of the County to foreclosure and/or the rights of the County and the Authority to enforce obligations with respect to the Parcels and proceeds thereof. Nothing herein shall be deemed a waiver of any future rights of the County and/or the Authority under the U. S. Bankruptcy Code to file a claim for any monetary amounts owed by WRM hereunder and under the Special Assessment Agreement and Addendum. Section 9.14 Termination of Bond Issuing Authority. In the event the Bonds are not funded on or before August 1, 2015, unless otherwise agreed in writing between the Parties, the Parties agree that the failure to sell the Bonds was for a reason other than an inability due to general economic and market conditions, and the right or power to issue Bonds under the CDA Ordinances shall then be terminated. 0505:93977.4 14908970_10 [Remainder of page left intentionally blank.] -22- IN WITNESS WHEREOF, the parties have executed this Development/Acquisition Agreement as of the day and year first above written. AUTHORITY LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY an Chairman 1ky/.7►/ I 6801 WOOLRIDGE ROAD — MOSELEY LP, a Delaware limited partnership By: Name: Title: COUNTY COUNTY OF CHESTERFIELD, VIRGINIA IN Its: County Administrator EXHIBIT A to Development/Acquisition Agreement LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY REQUISITION NO. The County of Chesterfield, Virginia (the "County") hereby requests payment in the total amount of $ for a portion of cost of the Improvements in accordance with the Development/Acquisition Agreement ("Development Agreement") among Lower Magnolia Green Community Development Authority (the "Authority"), the County and 6801 Woolridge Road — Moseley LP ("WRM") as more fully described in Attachment 1 hereto. All capitalized terms used herein shall have the meanings set forth in the Development Agreement. In connection with this Requisition, the undersigned hereby represents and warrants to the Authority as follows: 1. All costs of the Improvements for which payment is requested hereby (a) consist of work actually performed or materials, supplies or equipment actually furnished or installed in connection with the Improvements and (b) such materials, supplies or equipment are not subject to any lien or security interest or any such lien or security interest will be released or discharged upon payment of this Requisition. 2. Supporting documentation (such as third -party invoices) is attached with respect to each cost for which payment is requested. 3. The Improvements for which payment is requested were constructed in accordance with all applicable County or other governmental standards and in accordance with the Plans. 4. The disbursement being requested herein is a proper charge against Available Moneys, in accordance with the terms of the CDA Ordinance, Special Assessment Agreement, Addendum, Development Agreement and the Indenture. The disbursement requested herein is a proper charge against the Improvements Account. 5. No portion of the amount being requested to be disbursed was set forth in any Requisition previously filed requesting a disbursement. 6. An AIA Form, or other form acceptable to the parties, completed in accordance with industry custom is attached hereto as Attachment 2 with respect to all amounts requested for construction costs. FEW 7. The undersigned acknowledges that the Authority shall not approve any Requisition that requires payment of an amount from the Project Fund which would cause the sum of all amounts paid or to be paid for the Improvements to exceed the sum of all Available Moneys and any other moneys made available therefor pursuant to the Development Agreement. The undersigned certifies that following disbursement of the amount requested, the amount of the undisbursed Available Moneys will be sufficient for the completion of the Improvements. Dated: COUNTY OF CHESTERFIELD, VIRGINIA LI -A Name: Title APPROVAL OF THE ADMINISTRATOR The undersigned hereby certifies that s/he reviewed this Requisition, including all attachments and exhibits hereto, and found it to be in the appropriate form required by the Development/Acquisition Agreement and the Indenture (as defined in the Development/ Acquisition Agreement). This Requisition is hereby approved by the undersigned with respect to such form requirements in satisfaction of Section 5.01 of the Development/Acquisition Agreement. MuniCap, INC. By: Name: Date: A-2 ATTACHMENT 1 TO REQUISITION NO. LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY Total Amount Being Requisitioned: Payee: Amount: $ Asset or Service Provided: Method of Payment: / / Check / / Wire Transfer Address for Mailing Check: Wire Transfer Instructions: Payee: Amount: $ Asset or Service Provided: Method of Payment: / / Check / / Wire Transfer Address for Mailing Check: Wire Transfer Instructions: A-3 ATTACHMENT 2 TO REQUISITION NO. LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY [AIA Form to be included if applicable] ENGINEER'S CERTIFICATE REQUISITION NO. LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY The undersigned is serving as the "Engineer" pursuant to the Development/Acquisition Agreement (the "Development Agreement") among the Lower Magnolia Green Community Development Authority (the "Authority"), the County of Chesterfield, Virginia (the "County") and 6801 Woolridge Road —Moseley LP ("WRM"). All capitalized terms used herein shall have the meanings set forth in the Development Agreement. The undersigned certifies as follows: 1. The amounts requested on the attached Requisition No. represent the actual costs of labor, material, equipment or supplies furnished, or a combination thereof, in each case incurred in connection with the acquisition and completion of the Improvements. 2. After payment of Requisition No. , there will be sufficient Available Moneys remaining in the Project Fund to complete the Improvements in accordance with the Plans. 3. To the extent the amounts requested represent payment for Improvements which have been completed, such Improvements have been completed in accordance with the Plans and such Improvements have been completed in accordance with the requirements of the Public Entity which will be acquiring or accepting for maintenance such Improvements. 4. The attached Requisition relates to work completed in conformity with the attached AIA form or other form acceptable to the parties. Dated: [ENGINEER] Its: A-5 REQUISITION NO. LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY The undersigned submits this Certificate in accordance with the provisions of the Indenture of Trust, dated as of 1, 2014 (the "Indenture") between Lower Magnolia Green Community Development Authority (the "Authority") and , as Trustee. All capitalized terms used herein shall have the meanings set forth in the Indenture. The undersigned certifies as follows: 1. The undersigned is an Authorized Authority Representative. 2. The obligation or obligations set forth in the attached Requisition No. have been incurred by the Authority to pay Actual Costs of the Improvements and are proper charges against the Project Fund. 3. The amount or amounts requested pursuant to Requisition No. have not been the basis for a prior requisition which has been paid from the Project Fund. 4. The undersigned has approved the Requisition in accordance with the provisions of the Development/Acquisition Agreement among the Authority, the County of Chesterfield, Virginia (the "County") and 6801 Woolridge Road — Moseley LP. 5. The representations made herein are based on accompanying certifications of the County and, if applicable, the Engineer (as defined in the Development/Acquisition Agreement). Dated: 520 LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY IN Its: Chairman EXHIBIT B to Development/Acquisition Agreement COUNTY CONTRIBUTION The County will be responsible for (i) obtaining all rights of way and easements required for construction of the Improvements, including rights of way and easements for required utility relocations and required storm water management basins which may include off-site basins and basins designed to accept storm water run-off from property in the watershed but not included in the District, (ii) obtaining all permits required from VDOT for the Improvements, including providing any bonds required in connection with such permits, (iii) all wetlands permitting and mitigation requirements for the Improvements from the U.S. Army Corps of Engineers and the Virginia Department of Environmental Quality, including providing any required bonds, and (iv) payment or waiver of all County fees relating to the approval of all plans relating to the Improvements. Generally contemporaneous with the construction of the Improvements and subject to appropriation by the Board of Supervisors, the County, at no cost to WRM or the CDA, shall construct an extension of Woolridge Road from the terminus of the Improvements across the Swift Creek Reservoir to Genito Road as a four lane roadway. Note: Such four lane extension has been completed as of the date of this Development/Acquisition Agreement. EXHIBIT C to Development/Acquisition Agreement WRM IMPROVEMENTS 1. Improvements to Woolridge Road from approximately station 10+00 to station 12+00 at the Woolridge Road entrance to Magnolia Green in accordance with the plans dated September 14, 2001, last revised July 31, 2006, prepared by Timmons Group, entitled "Woolridge Road Extension To Magnolia Green." Note: Such improvements have been completed as of the date of this Development/Acquisition Agreement. 2. Improvements to Route 360 consisting of an additional lane of pavement along the west bound lanes of Route 360 and intersection improvements at the Chain Tree Parkway [now Magnolia Green Parkway] entrance to Magnolia Green from approximately station 10+40 to station 12+50, all in accordance with the plans dated December 3, 2003, last revised April 20, 2007, prepared by Timmons Group, entitled "Weeping Willow Drive [now Championship Crossing] & Chain Tree Parkway." Note: Such improvements have been completed as of the date of this Development/Acquisition Agreement. 3. Improvements to Route 360 consisting of an additional lane of pavement along the west bound lanes of Route 360 in an area beginning at the western terminus of the lane identified in paragraph 2 above and extending approximately one thousand feet west of Site Road D identified in the zoning of the Magnolia Green property, the exact location of such improvements to be mutually agreed upon by the County and WRM. 4. Improvements to Route 360 consisting of improvements at the intersection of Route 360 and Site Road D identified in the zoning of the Magnolia Green property (not to exceed 200 linear feet from the Route 360 right of way), the exact location of such improvements to be mutually agreed upon by the County and WRM. 5. A traffic signal at the intersection of Hull Street Road and the Chain Tree Parkway entrance to Magnolia Green (across from Baldwin Creek Road) if warranted. Note: The traffic signal has been completed as of the date of this Development/Acquisition Agreement. EXHIBIT D to Development/Acquisition Agreement IMPROVEMENTS The realignment, reconstruction and widening, including required utility relocations, engineering design and related consulting services, of Otterdale Road from its intersection with Hull Street Road (Route 360) to its intersection with Woolridge Road, approximately 1.18 miles and Woolridge Road from its intersection with Otterdale Road up to the western terminus of, but not including, the existing causeway crossing the Swift Creek Reservoir, approximately 2.73 miles, as further shown on the map attached hereto as Exhibit B-1 to the CDA Ordinance. These portions of Otterdale and Woolridge Roads will be expanded to four lanes as median divided roadways, with turn lanes, substantially in accordance with the design ,specifications shown on the plan dated March 22, 2007, prepared by Timmons Group, entitled "Woolridge Road Typical Sections," a copy of which is attached hereto as Exhibit B-2 to the CDA Ordinance (subject to modifications in accordance with the Development/Acquisition Agreement), and shall include construction of required storm water management basins. Landscaping to include seeding of grass within the median and areas disturbed by construction activities and such other reasonable landscaping. No sidewalks or bike lanes shall be installed and utility work shall be limited to relocation of existing facilities. In order to maximize the benefits of the CDA to the County, the Authority agrees that any portion of the Improvements which are to be constructed by others pursuant to zoning conditions or other commitments to the County may be excluded from the Improvements to be constructed by the CDA at any time provided that the County agrees to cause the construction of such excluded Improvements to be completed by the date projected for completion of the Improvements by the CDA. TABLE OF CONTENTS. 1. Summary of Land Usea ' (ChAit I) 2. Summary of "Land Uses, Acres, and :Zoning Districts by Tracts (Chart II) 3. Conditions` and Proffers A. GMTERAL B. BUFFERS & LANDSCAPING C. TRANSPORTATION. ACCESS D. UTILITIES E. ENVIRONMENTAL ENGINEERING F . - • PUBLIC FACILITY °IZlPAETS G. FISCAL IMPACT.. & :.SUMMARY OF, PROFFERS::-, 4. Use, Bulk Exceptions,; and'Specific Conditions.. A. RESIDENTIAL: Uses -'and Conditions (Chart III). B. •MULTIPLE FAMILY;. Uses and Conditions C. OPEN : SPACE, OPER• SPACE TRACTS . SCHOOL . SITES:.:. Uses and .Conditions D. ACTIVITY AND COMMUNITY..CENTERS: Uses and Conditions E. ILLUSTRATIVE PROTOTYPE HOUSING 1. Conventional :... 2. Zero Lot Line: 3. Cluster.. (� 4. Duplex 5. Townhouse Lots for Sale 6. Multiple Family F. .ILLUSTRATIVE PROTOTYPE COMMERCIAL 1. Village'Center.Concept "A': 2. Village Ce3iter Concept 'B". 2 prepared in accordance - wit the Transportation Department's: req ements and sutm.i.tted to and. Apptov by the Transportation Department. rior --.to beginning development in any se of the project the following p e specific information shall be provid a). the land masses, . and uses, and densities to b developed .-in accordance with logical -sequeace.' based on facto .sued � �as utility /ae ability,, ket-ing, and pace of opment; b-)priate traffic 'analyses -in. dance with-..- Transportation tme regulations;... C) d improvements (onsite and e) required to sustain the pent of each phase in dance with : the.� .Transportation and traffic analyses;. and d)ion'for access- points to .all s included. -in the phase and. access points in adjacezzt phases which may affect or influence other access.locations. 4. In. order to provide. -for' an adequate roadway system at the 'time'. of complete development of the, proposed- project,.. the developer shall be respousible-:.for .the following on site improvements (including construction plans to be. reviewed and approved by the .Transportation Department) to.be provided in accordance. with. the approved Phasing Plan -and the-. Transportation Plan: a) As no residential lot frontage roads, in. ninety . (90) - feet rights' -of -way, dedicated- to the County, and. designed to.VDOT Urban Minor Arterial Standards, (design speed 50 'MPH) or as modified and approved. - by the .. Transportation Department. 12 �3 'ems 5) Site Road .K lanes from Site Roads AJE to, the North South Arterial; 2 lanes from the North 'South (Arterial to the western property line); 6) The North. South Arterial (2 Olanes through-�the property).. b) As no residential lot frontage .roads, .. in sev�ty (70) feet " rights-of-way, tie icated . to -the County ' designed to VDOT.. Urban Collector Standar(design. speed -.0. mph) or as .mospeed-.0.and. approved . by the Transportation' pepart meat: 1) Site-Road'B ( lanes); 2). Site Road G. .(2 lanes); . 3) Site Road.D .. M lanes.) , 4) East- West Co(Llector (2 lanes from the -east rn property line to Site Road E and from Site Road:D to th western property line). c) An additional lane of pavement along. the west' bound - laiies of Route - 360' from approximately 1000_"£eet east of Site Road E to proximately 1000 feet west of Site �oad D. d) All intersection .i improvements as generally identified -in Wilbur Smith 13 V;G i 1) Site . Road -A (.4 lanes divided from Otterdal Road to, Site Road C; 2 lan s from site Road C to Site Road K); 2) Site Road E 1(4 lanes divided from Route 360 to Site Road' B; 2 lanes from) Site. Road B; 2 lanes from .Site Road 1B to Site Road K); ;. 3) Site. Road F (2 lanes through the property);!: 4) Site Road H ( lanes from Duval Road to toe North 'South,.. Arterial); ;. 5) Site Road .K lanes from Site Roads AJE to, the North South Arterial; 2 lanes from the North 'South (Arterial to the western property line); 6) The North. South Arterial (2 Olanes through-�the property).. b) As no residential lot frontage .roads, .. in sev�ty (70) feet " rights-of-way, tie icated . to -the County ' designed to VDOT.. Urban Collector Standar(design. speed -.0. mph) or as .mospeed-.0.and. approved . by the Transportation' pepart meat: 1) Site-Road'B ( lanes); 2). Site Road G. .(2 lanes); . 3) Site Road.D .. M lanes.) , 4) East- West Co(Llector (2 lanes from the -east rn property line to Site Road E and from Site Road:D to th western property line). c) An additional lane of pavement along. the west' bound - laiies of Route - 360' from approximately 1000_"£eet east of Site Road E to proximately 1000 feet west of Site �oad D. d) All intersection .i improvements as generally identified -in Wilbur Smith 13 V;G Associates September 27, 1991, Figure .4-1 (R-1),.. including -turn lanes on Route 360•at those access points approvedby the Transportation Department. e) All traffic signalization . (including potential signals). as generally identified in. 'Wilbur Smith Associates Traffic -. Analysis -dated September. 27, 1991.11 _ Figure - 4:-1 f) The developer shall dedicate to the - county, free and. -unrestricted, the. rights-of-way necessary to accomplish.those.improvements listed in.a-e above. in accordance'with the Phasing ' ,_Plan. - These .. dedications shall occur. in. conjunction' with thee; recordation of any, plats- or prior to any site plan- approvals in .. accordance with the Phasing : Plane or' within 120 days of a -written request . by the county,.whichever shall occur first. g) The following., additional.. rights-of-way shall be dedicated: to .. . the county, free .and. -unrestricted, in conjunction with the -.reicordation of -.any plats or prior to final site plan approval of any tracts adjacent to these roads or within. 120' days.: of.. a writtenrequest by the. county,: whichever shall.occur first; 1) One hundred (100) feet (measured from the center line) on the north side of .. Route 350 for the. entire length of the' Z. property abutting Route�360; 2) Forty-five (45). feet (measured from revised center .lines based, on VDOT Urban Minor Arterial' Standards [or as modified and. approved .by. the Transportation . Department] .'prepared by. the developer) along Otterdale and; Duval- Roads. '.for. the entire • length of the property abutting these roads. 3) 'One Hundred' .Twenty . (120) f eet . Wide limited.. access right- of-way . of . an ultimate two hundred . (200) .feet limited access right-of-way . for the , construction, of. the Powhite Parkway Extension. through subject property. 4) Reservation and - protection'. for future. purchase'. -by the .county.... or- its'.. agents of up to - an additional eighty ($0)' feet wide right -of way for the Powhite . Parkway.. Extension and:, up to -sixty-eight (68) acres. for interchanges, at.. Route 360 and Site Road : K..,: The -purchase: price of 'said property shall. be the lesser of (a) the. €air market value of the ' .property conveyed . at the time of such: conveyance -'but in no event: more that.$26,000 per acre. nor less..than $14,814 per acre or, (b) if tiie County' requests: a. - conveyance of : land within f ive { 5) ` years from the." date of -rezoning, then at the - .developer's per acre . . cost plus: -the. -pro. rata share of ' infrastructure' improvements' made- by the developer (excluding. those improvements : required by the . County pursuant to Condition 11), provided the 'County: commences._ construction . of the ultimate improvements within:- one.: (1) :year from the daite :of. conveyance and . diligently .pursues same. to completion;. . Said: reservation :and , protection F) shall last for., a 'period of fifteen . (15) years from the date of rezoning. . The exact location of `the:. right-of-way . and interchanges shall be approved by the Transportation: Department. .Conveyance.. shall. occur within one hundred twenty (120) days . of a written- request by the' county based on'_ a final determination' of the metes and bounds of the. additional right-o£-way. and interchanges. Upon. the purchase by and.. conveyance -to the County, of 'any portion of the following segmexits: Segment I. - .Northern boundary.: line of the-=Property to Site Road K; Segment 2. Site.Road. K to the southern boundary lin 'of the Property; Segment 3-- Powhite%Site Rbad K and Route. 360... interchanges; the developer's obligation to. reserve and.'. protect the balance.' of that segment shall . terminate forthwith and without:- :any. further act or deed.-.: o£.' any. kind,,. by any party. The developer. shall; within: ninety . , (90) . . days of .the `. rezoning of the ..property'. and:-.`.-.*.. determination of the.,._. right-of-way,. record a restrictive covenant:acceptable' in form and,: substance to the: County Attorney :which: restricts :. the use. of . "theaforesaid' property, `to a public road*.'.'..', Such restrictive ':covenant .shall not be -reworded, .revised, or amended without ..the:. written consent of the County 16 h) If required by the County, construction of the Powhite Parkway Extension (two .[2) lanes ofan ultimate four [ 4) lanes ,. as generally. shown on the- Transportation. Plan)... through the subject property to VDOT.. Urban Principal. Arterial Standards (design. speed 60 -. MPH) with modifications- approved by the Transportation Department. Notwithstanding anything .herein to. the contrary, the two (2)• lanes of the Powhite Parkway Extension . identified herein • shall not .be required of the developer -prior' the recordation of the 4,328th residential lot orunit or the development of uses. having an equivalent. traff is impact, as determined by. the: Transportation.. Departm6nt: 5. In order, to further provide. for an adequate roadway system anal to mitigate , off site. impacts O at the, time of complete development of the proposed project, the. developershall be responsible for $1,600 per dwelling unit• E $7 , 811, &OrO) in land dedicat ions . and . in kind construction/improvements as.follows: a) Design and construction of .those portions of:. -the following ... off-site road improvements (.exclusive." of those. improvements requireddition C.4 above). .as determined by the Transportation Department but subject to appeal to the,Planning Commission: 1) to VDOT Urban Minor - Arterial standards (design speed 50 MPH) or' as modified by the Transportation. Department: a) Woolridge Road between.:, Otterdale.Road and Genito Road b) Otterdale Road between Route 360 and Genito-Road;. c) Duval Road between Otterdale--- Road tterdale_Road and Powhite Parkway. �- Extension,- d) xtension;d) Route -.360 between Otterdale and 1,000 feet west of Site Road D; 17 J CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: March 11, 2015 Item Number: 8.0.12. Subiect: Authorization for the County Administrator to Execute the Special Project Service Agreement for Used Oil and Antifreeze Collection, Transportation and Processing through the Central Virginia Waste Management Authority County Administrator's Comments: County Administrator: Board Action Requested•. Authorize the County Administrator to sign the special project service agreement and the first addendum to the special project service agreement with the Central Virginia Waste Management Authority (CVWMA) for used oil collection, transportation and processing. Summary of Information: The existing contract that Chesterfield is using for collecting, transporting and processing used oil expires March 31, 2015. A new contract was solicited through a competitive bid process and the lowest responsive bid would provide less revenue than both the expiring county contract and a contract that is available through the CVWMA. Therefore, the current CVWMA contract provides the best option. As a member, the county can obtain the best available terms by signing onto the CVWMA service agreement, which is comprised of an original service agreement and first addendum that is in effect through June 30, 2019. The CVWMA service agreement is to provide contracted services with FCC Environmental for used oil, oil filters, oil absorbent and antifreeze collection, transportation and processing. The county disposes of over 50,000 gallons of used oil annually, with an estimated revenue of $37,500. Preparer: Robert C. Key Title: Director of General Services Attachments: 0 F Yes No #4>> CVWMA Service Agreement for Oil and Anti -Freeze Collection and Disposal Services Agenda Item Summary BOS Meeting — March 11, 2015 Subject: Special Project Service Agreement for Used Oil and Antifreeze Collection, Transportation and Processing through the Central Virginia Waste Management Authority Basic Facts: • The existing contract that Chesterfield is using for the subject services expires March 31, 2015. This contract provided more revenue than the contract available through CVWMA. • The lowest responsive bid from the county's recent procurement for the service provides less revenue than that available under the current contract with CVWMA. • The county disposes of over 50,000 gallons of used oil annually, with an estimated revenue of $37,500. • Services include collection, transport and processing of used oil, used oil filters, oil absorbents and antifreeze. Attachment Summary: Used Oil and Antifreeze Collection, Transportation and Processing Contract between Central Virginia Waste Management Authority (CVWMA) and FCC Environmental This is a contract between FCC Environmental and CVWMA for Used Oil and Antifreeze Collection, Transportation and Processing. The initial term of this contract was for a five year period beginning on or about July 1, 2009, and ending on June 30, 2014. 2. Special Project Service Agreement for Used Oil and Antifreeze Collection, Transportation and Processing between CVWMA and Chesterfield County (signature required) This is the special project service agreement between Chesterfield County and CVWMA for Used Oil and Antifreeze Collection, Transportation and Processing. The term of this agreement was for a five year period beginning on or about July 1, 2009, and ending June 30, 2014. Chesterfield utilized a different contract during this time period. 3. First Addendum to the Special Project Service Agreement for Used Oil and Antifreeze Collection, Transportation and Processing between CVWMA and Chesterfield County (signature required) This first addendum provides for one additional five year extension of the contract through June 30, 2019. The Central Virginia Waste Management Authority has exercised this five-year renewal option with FCC Environmental, which the county can access as a member of the CVWMA. ��u'I,?~ 02.24.15 USED OIL, OIL FILTERS AND ANTIFREEZE COLLECTION, TRANSPORTATION AND PROCESSING SERVICES CONTRACT between CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY and HYDROCARBON RECOVERY SERVICES, INC. dba FCC ENVIRONMENTAL WHEREAS, the Central Virginia Waste Management Authority (CVWMA) issued Request for Proposals (RFP) 0944 for Household Hazardous Waste Collection, Hauling and Processing Services on December 15, 2008; and WHEREAS, Hydrocarbon- Recovery Services, Inc. dba FCC Environmental, (Contractor) submitted a proposal in response to the RFP on January 23, 2009, to provide the more limited Used Oil, Oil Filter and Antifreeze Collection, Transportation and Processing Services as defined herein; and WHEREAS, the Contractor was selected to engage in negotiations regarding the provision of Used Oil, Oil Filter and Antifreeze Collection, Transportation and Processing Services as defined herein; and WHEREAS, the CVWMA desires to hire the Contractor to provide Used Oil, Oil Filter and Antifreeze Collection, Transportation and Processing Services; and WHEREAS, the Contractor desires to provide Used Oil, Oil Filter and Antifreeze Collection, Transportation and Processing Services; NOW THEREFORE, the CVWMA and the Contractor do hereby agree as follows: SECTION 1. DEFINITIONS For the purpose of this Contract, (as defined below), the definitions contained in this Section shall apply unless otherwise specifically stated. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Use of the masculine gender shall include the feminine gender. The word "shall" is always mandatory and not merely discretionary: 1. .Authority or CVWMA - shall mean the Central Virginia Waste Management Authority, the instrumentality created under the provisions of the Virginia Water and Waste Authorities Act, § 15.2- 5100, et sea., and includes the individual members (or voting alternates) of the CVWMA Board of Directors, and the officers, agents or employees of the Central Virginia Waste Management Authority. For the purposes of this Contract, "Authority" shall not include the governing bodies, the individual elected officials of the participating local jurisdictions served by this Contract, except those elected officials who serve as members or alternates of the CVWMA Board of Directors, nor the employees or agents of the participating local jurisdictions acting on behalf of their employer or principal, respectively. 2. Antifreeze — shall mean Ethylene and propylene glycol based fluids used in automobile engines to prevent a rigid enclosure from undergoing physical stresses and catastrophic deformation due to the expansion that occurs when water turns to ice. USED OIL, OIL FILTER AND ANTIFREEZE COLLECTION, AND PROCESSING SERVICES CONTRACT 2009 1 3. Category 1 Material — shall mean paints and solvents and shall include but not limited to: Latex Paints, Oil-based Paints, Varnish/Shellacs, Stains and Tints, Paint Thinners, Lacquer Thinners, Polyurethane, Primers, Paint Reducers, Varsol, Mineral Spirits, Turpentine, Various Flammable Solvents, Oil Additives, Gasoline (both leaded and unleaded), Gasoline Additives and Cooking Oil. 4. Category 2 Material — shall mean automotive fluids which shall include but not limited to: used oil (motor oil, automatic transmission fluid, power steering fluid, gear oil, turbine engine oil, hydraulic oil), Diesel Fuel, Fuel Oil, Kerosene (#2, #4, and #6), Brake Fluid, Anti -Freeze (ethylene glycol based anti -freeze, propylene glycol based anti -freeze), and Oil Filters 5. Collection Sites - shall mean sites where the collection of Used Oil, Oil Filters and/or Antifreeze is to be performed. The CVWMA will notify the Contractor in writing as to the location of Collection Sites as those sites are designated by Participating Localities over the term of this Contract. 6. Contract — shall mean the written document and all written amendments thereto, between the CVWMA and the Contractor governing the provision of Used Oil, Oil Filter and Antifreeze Collection, Transportation and Processing Services as provided herein; the Contractors proposal and subsequent addenda and correspondence; and the original Request. for Proposals. 7. Contractor - shall mean the individual, firm, partnership, joint venture, corporation, or association performing Used Oil, Oil Filter and Antifreeze Collection, Transportation and Processing Services under this Contract with the Central Virginia Waste Management Authority (CVWMA) and for the purposes of this Contract shall mean Hydrocarbon Recovery Services, Inc., dba FCC Environmental. Force Majeure — shall mean any cause beyond the reasonable control of the party whose performance under this Contract is adversely affected, including but not limited to acts of God, change in law, war, riot, fire, explosion, wind storm, flood, inability to obtain or use fuel, power, or raw materials, shortage or failure of the usual means of transportation, injunction, action by governments not party to this Contract, accident, and breakdown of machinery or equipment. "Reasonable control" of a party shall specifically exclude that party's ability to reach agreement in a labor dispute and that party's ability to settle or compromise litigation. 9. Household Hazardous Waste - shall mean those materials included in the definitions of Category 1 Materials, Category 2 Materials and any waste material derived from households (including single and multiple residences, hotels, motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day -use recreation areas) which, except for the fact that it is derived from a household, would otherwise be classified as a hazardous waste in accordance with 9VAC20-60. 10. Member Jurisdictions -- shall.mean the members of the CVWMA including the Counties of Charles City, Chesterfield, Goochland, Hanover, Henrico, New Kent, Powhatan and Prince George; the Cities of Colonial Heights, Hopewell, Petersburg, and Richmond; and the Town of Ashland. 11. On Call Service - Shall mean that collection service to be performed by the Contractor shall be arranged by the CVWMA or the Participating Local Jurisdictions by making telephone, email or fax contact with the Contractor to request service. Collection shall be performed within 72 hours (exclusive of Holidays, Saturdays and Sundays) of notification by CVWMA. 12. Participating Local Jurisdictions - shall mean those CVWMA Member Jurisdictions that have executed the Special Project Service Agreement for Used Oil, Oil Filters and Antifreeze Collection, CNM, USED OIL, OIL FILTER AND ANTIFREEZE COLLECTION, AND PROCESSING SERVICES CONTRACT 2009 2 Transportation and Processing Services pursuant to Article 11 of the CVWMA Articles of Incorporation. 13. Site Collection, Transportation and Processing - shall mean the collection of Used Oil, Oil Filters and/or Antifreeze by Participating Local Jurisdictions at Collection Sites and the subsequent transportation and processing of those materials by the Contractor. 14. Special Project Service Agreement - shall mean an agreement between the CVWMA and the Participating Local Jurisdictions specifying the terms and conditions under which those jurisdictions will participate in the program outlined in this Contract and shall give Participating Local Jurisdictions third party standing. 15. Used Oil, Oil Filters and Antifreeze - shall mean used oil (motor oil, automatic transmission fluid, power steering fluid, gear oil, turbine engine oil, hydraulic oil), diesel fuel, fuel oil, kerosene (#2, #4 and #6), antifreeze (ethylene glycol based antifreeze, chiller/HVAC system coolant, propylene glycol based antifreeze) and oil filters (devices on motor vehicles that filter the motor oil). 16. Used Oil, Oil Filters and Antifreeze Collection, Transportation and .Processing Services - 'shall mean those services to be performed by the Contractor including: a) Collection, Transportation and Processing; b) reporting to the CVWMA the results of activities associated with a); and c) the performance of any and all other functions and obligations relative or ancillary to the described services. SECTION 2. TERM OF CONTRACT A. The term of the Contract will be for a five (5) year period beginning on or about July 1, 2009, and ending on June 30, 2014. B. Option to Renew: The CVWMA and the Contractor, by written mutual agreement, may extend this Contract under the same or substantially similar terms and conditions for one (1) additional five (5) year period. The written agreement to extend the Contract shall be made not less than one hundred eighty (180) days priok to the expiration of its term. However, during the renewal process or at any point during the initial term, amendments consistent with the intent and scope of services outlined in this Contract and the RFP may be negotiated and/or made to accommodate needs of parties. SECTION 3. SCOPE OF SERVICES The Contractor. shall provide the following Used Oil, Oil Filter 'and Antifreeze Collection, Transportation and Processing Services as requested by Participating Local Jurisdictions. A. Collection and other designated collection sites Collection, Transportation and Processing of Used Oil, Oil Filters and Antifreeze. The CVWNIA shall notify the Contractor before July 1, 2009, of the Collection Sites and the materials that must be collected at these sites. Suitably sized and properly labeled collection containers shall be provided by Contractor at Collection Sites which are compliant with the provisions of Title 49, Code of Federal Regulations, for shipping hazardous and non -hazardous materials for the collection of used oil, oil filters and antifreeze. A suitable container such as a 55 gallon drum(s), DOT Standard 17E, shall be furnished by the Contractor to each jurisdiction for the collection of used anti -freeze. A suitable container such as a 55 gallon drum 631 7 USED OIL, OIL FILTER AND ANTIFREEZE COLLECTION, AND PROCESSING SERVICES CONTRACT 2009 3 shall be furnished by the Contractor to each jurisdiction for the collection of used oil filters. Any necessary training in the handling of used oil, oil filters and antifreeze shall be provided by the Contractor to Participating Local Jurisdiction personnel, volunteers or other workers staffing Collection Sites. Collection of materials shall occur as frequently as needed but not less than every ninety (90) days. When collection containers are removed by Contractor, they shall be immediately replaced. The Contractor shall provide monthly reports by Collection Site specifying the quantities and types of materials collected at each collection site. B. The CVWMA shall through its Special Project Service Agreement with the Participating Local Jurisdictions require the following: 1. Participating Local Jurisdictions .shall be responsible for the bulk collection of materials, including the provision of containment equipment, and shall assume their proportional share of financial responsibility for handling and disposing of materials improperly prepared for collection. 2. Participating Local Jurisdictions shall provide appropriate supervision of the collection site and containers and shall accept responsibility for containers provided by the Contractor while they are at Collection Sites. 3. Participating Local Jurisdictions shall not knowingly mix other materials, including PCB's, with waste materials or otherwise cause the alteration of the characteristics or components of materials accepted for collection. 4. Participating Local Jurisdictions shall comply with all federal, state and local laws, regulations and ordinances applicable to the materials collected up to the point that the materials are taken by the Contractor. 5. Participating Local Jurisdictions shall hold clear title to all materials to be transferred hereunder until such time as Contractor removes them from the collection site and shall not be under any legal constraint which would prohibit the handling of such materials or the transfer of possession and title to such materials to the Contractor. 6. Participating Local Jurisdictions shall warrant that these provisions included in the Special Project Service Agreement shall survive the termination of the Service Agreement. SECTION 4. COMPENSATION FOR SERVICES AND RATE ADJUSTMENTS A. The Contractor agrees to pay the CVWMA 30% (thirty percent) of the average monthly price for the three months prior to the current month (rolling three month average) based on the Department of Energy (DOE) average price for New York Harbor low sulfur No. 2 diesel ("Contract Rate") for all used oil collected from Participating Local Jurisdiction sites. During the term of this Agreement, the rate paid for used oil shall be subject to adjustment on the 15"' of every month. The link to the DOE price table is: htLp://www.eia.doe.jzoytmbloil as/petroleum/data-publications/weekly petroleum status report/curr ent/pdf/tabiel5/pdf Payments for the used oil to CVWMA should be made no later than the 10`s of the month following the collection of the used oil. USED OIL, OIL FILTER AND ANTIFREEZE COLLECTION, AND PROCESSING SERVICES CONTRACT 2009 4` B. There shall be no charge to CVWMA nor any payment to/from the Contractor for any antifreeze collected from participating member jurisdiction sites. C. The Contractor shall be paid $49.00 for each 55 -gallon drum of used oil filters collected from a Participating Local Jurisdiction site by CVWMA. The CVWMA shall make payments to the contractor within thirty (30) days after receipt of a complete and satisfactory billing invoice by the 10"' of the. month for services provided the previous month. Invoices shall not be considered complete until required monthly reporting of the quantities and types of materials collected and the Participating Local Jurisdiction of origin is received by CVWMA. D. Fees to Participating Local Jurisdiction for Other Services performed by Contractor: 1. Vacuum Services for Oil/Water a. $250.00 truck charge b. $1.15 per gallon for solids c. $0.25 per gallon for liquids 2. Absorbents (to include but not limited to oily rags and oil -dry): $49.00 per 55 -gallon drum E. An annual adjustment will be made to reflect the general increase in the cost of operations effective on the Contract's anniversary date. Contract fees will increase at a rate equal to the U.S. Consumer Price Index for All Urban Consumers (CPI -U) for the preceding twelve month period, but any increase shall not exceed five (5) percent per year. F. The Contractor may petition the CVWNfA at any time for adjustments or additions to associated fees on the basis of unusual changes, such as new or revised laws, ordinances or regulations, or other reasons. The CVWMA shall have the right, as a pre -condition for approval of such petition, to demand inspections by itself, or by an independent auditor, of pertinent records that demonstrate the "unusual changes" resulting in the need for an adjustment to the fees. CVWMA shall have sole discretion to grant or deny such petitions under this paragraph. SECTION 5. TITLE TO MATERIALS Title to the materials collected shall vest to the Contractor at the time of their removal from the Collection Site. At no time shall title to the materials vest to CVWMA's. SECTION 6. CVWMA'S REPRESENTATIVE For the purposes of this Contract, the Authority has designated, as its representative, its Executive Director, and has empowered the Executive Director with the authority necessary to administer the provisions of this Contract. SECTION 7. CONTRACTOR'S REPRESENTATIVES A. The Contractor shall assign a qualified person or persons who is knowledgeable of all obligations of this Contract, as well as applicable federal, state and local laws, regulations and ordinances to be in charge of the Used Oil, Oil Filters and Antifreeze Collection, Transportation and Processing Services described herein, and agrees to give the name of such person or persons to the CVWMA no later than the commencement of services under this Contract. B. The Contractor agrees to provide contact information to include but not limited to USED OIL, OIL FILTER AND ANTIFREEZE COLLECTION, AND PROCESSING SERVICES CONTRACT 2009 5 phone number, fax number and email address needed to maintain communications with the Participating Local Jurisdictions and the CVWMA. SECTION 8. INSURANCE The Contractor shall be required to carry for the life of the Contract with the CVWMA, Public Liability Insurance, with a company licensed to do business in the Commonwealth of Virginia and in the amount and coverage specified below, in addition to any other contractual liability assumed by the Contractor. The Contractor shall, prior to commencement of work under the Contract, deliver Certificates of Insurance from carriers acceptable to the Contractor specifying such limits, with the CVWMA and each Participating Local Jurisdiction participating in this proposed project named as additional insured parties. In addition, the Contractor shall ensure that the insurer shall agree to give the CVWMA thirty (30) days written notice of its decision to cancel, change or fail to renew coverage. The CVWMA reserves the option to increase the required insurance amounts if the contract is renewed beyond the initial five year term of the Contract. a. Worker's Compensation Coverage A - Statutory Requirements b. Automobile Liability, Including Owned, Non -Owned and Hired Car Coverage Limits of Liability - $4,000,000 Combined Single Limit for Bodily Injury and Property Damage c. Comprehensive General Liability Limits of Liability - $4,000,000 Combined Single Limit for Bodily Injury and Property Damage Including: Completed Operations/Products Contractual Liability for Specified Agreements Personal Injury Broad Form Property Damage NOTE: The levels of coverage required in b. and c. can be met by the primary policy alone or in concert with an excess liability policy. d. Environmental Pollution Liability Insurance The Contractor shall be required to provide at least one of the following: 1. Justification acceptable to the CVWMA that environmental pollution liability insurance coverage is unwarranted to cover the risk of environmental damage associated with the release of pollutants from the materials to be handled under the Contract; 2. Evidence acceptable to the CVWMA that the Contractor can provide self insurance to cover any environmental pollution liability claim filed or brought against the CVWMA and/or the Participating Local Jurisdictions resulting from activities conducted under the Contract; or 3. A Certificate of Environmental Pollution Liability Insurance naming the USED OIL, OIL FILTER AND ANTIFREEZE COLLECTION, AND PROCESSING SERVICES CONTRACT 2009 s �`: CVWMA and the Participating Local Jurisdictions as additional insured parties under the policy. The Contractor shall provide, if required, evidence showing compliance with the above requirements to the satisfaction of the CVWMA prior to commencement of work under the Contract. Decisions regarding paragraph (d) (1) — (3) shall be within CVWMA's sole discretion. Failure to comply with this requirement may be cause for termination of the Contract, in the sole discretion of the CVWMA. SECTION 9. INDEMNIFICATION A. The Contractor shall indemnify and hold the CVWMA and its members and/or Participating Local Jurisdictions and all of their respective officers, agents and employees harmless from and defend against all claims (legal, equitable or administrative), damages, losses, and expenses, including attorneys' fees and as specified legal costs, of whatever kind or nature arising out of or resulting from the Contractor's (or any of its subcontractor's) providing, or failing to provide, any construction, product, goods, or services required under the Request for Proposals or Contract, including, but not limited to, any such claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property whether real or personal, and/or loss of business or profits; provided, however, that the Contractor's indemnification obligation under the Contract shall be limited to. claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the Contractor or any subcontractor performing work required by the Contract with the CVWMA or anyone directly or indirectly employed by any of them or anyone for whose acts the Contractor or any subcontractor may be liable. B. The Contractor shall indemnify and hold the CVWMA and its Member Localities and/or Participating Local Jurisdictions, and all of their officers, agents and employees harmless from and defend against all claims (legal, equitable or administrative), damages, losses, expenses (including expert witness fees), consultant and attorney fees, remediation costs, removal costs, clean-up costs and all other costs, liabilities or expenses arising out of or resulting from the performance of services set forth in this Contract, or the failure to perform said services. It is understood that this indemnification shall extend to any and all claims against the CVWMA or the Participating Local Jurisdictions by any third-party(ies) or agencies of the federal, state or local governments for any environmental liability due to a release of pollutants to the environment, whether imposed by statute, ordinance, regulation or common law, relating to activities under this Contract. This Section shall survive the expiration or termination of this Contract. SECTION 10. PERFORMANCE BOND OR LETTER OF CREDIT A. The Contractor shall furnish to the CVWMA, and keep current during the entire term of this. Contract, including renewals if applicable, a performance bond for the faithful performance of the Contract and all obligations arising hereunder in an amount equal to at least twenty thousand dollars ($20,000). It _ shall be executed by a surety company licensed to do business in the Commonwealth of Virginia; having an "A-" or better rating by A. M. Best or Standard and Poor's; and included on the list of surety companies approved by the Treasurer of the United States. The performance bond shall be in a form acceptable to the CVWMA and included as an Attachment to this Contract, attached hereto and included herein, covering the faithful performance of the Contract. The CVWMA may allow an irrevocable letter of credit in lieu of the performance bond with a banking institution and on terms and'conditions acceptable to the CVWMA, in CVWMA's sole discretion. USED OIL, OIL FILTER AND ANTIFREEZE COLLECTION, AND PROCESSING SERVICES CONTRACT 2009 7 B. Should the financial condition of the surety or banking institution become unacceptable to the CVWMA, the Contractor shall be notified in writing of that unacceptability. Within sixty (60) days of receipt of said notification Contractor shall furnish such additional bond or substitute letter of credit at the Contractor's expense as may be required by the CVWMA to protect its interests. C. This Contract shall be subject to termination by the CVWMA at any time if said performance bond or letter of credit shall be canceled or the surety thereon relieved from liability for any reason. Contractor shall provide notice of cancellation of the bond or letter of credit must be served upon the CVWMA one hundred and twenty (120) days prior to the effective date of said cancellation. This Contract will not be terminated if within five (5) working days of receipt of such notice, the Contractor files with the CVWMA a similar bond or letter of credit to be effective for the balance of the Contract period acceptable to CVWMA. SECTION 11. QUANTITIES This is a "requirements" based contract and no minimum volume or weight of materials is guaranteed or implied. SECTION 12. NON -APPROPRIATION The Used* Oil and Antifreeze Collection, Transportation and Processing Services implemented and governed by ' this Contract are .funded solely through funds . appropriated to the CVWMA by the Participating Local Jurisdictions. Failure of any Participating Local Jurisdiction to appropriate the funds necessary to cover the cost of that Participating Local Jurisdiction's portion of the program shall terminate the Contractor's obligation to provide service under this Contract in that jurisdiction. Furthermore, should the CVWMA fail to appropriate funds for this Contract, this Contract shall be terminated without penalty when existing funding is exhausted. The CVWMA shall provide timely notice to Contractor should such situations occur. SECTION 13. FORCE MAJEURE A. It is mutually understood and agreed by the parties that the Parties shall be relieved of its obligations except insurance and indemnification to the extent possible with local, state and federal laws and regulations under this Contract during any period or periods of time when Force Majeure, as defined herein, is in effect to the extent that such event prevents Contractor's performance. The Contractor shall use reasonable efforts to overcome the effects of a Force Majeure event and, to the extent effected thereby, shall be entitled to petition the CVWMA for an adjustment of the financial or other relevant terms of the Contract. Said petition shall provide sufficient evidence to allow the CVWMA to reach a determination of the nature, extent and effect of the Force Majeure event (e.g. the cost to or other ramifications upon the CVWMA) should the petition be approved by the CVWMA. Said determination shall be made within the sole reasonable discretion of the CVWMA. B. Should Contractor be unable by reason of Force Majeure to render performance within two (2) business days of receipt of notice according to the terms of this Contract, the CVWMA. shall have the right to secure another vendor to perform any or all portions of the service provided by Contractor under this Contract. The CVWMA shall have the right to contract for alternative service to be provided by another vendor during Force Majeure. In the event that either the period of Force Majeure or the term of any contingency service contract awarded by the CVWMA to an alternate vendor for continuation of Used Oil and Antifreeze Collection, Transportation and Processing Services during the Force Majeure USED OIL, OIL FILTER AND ANTIFREEZE COLLECTION, AND PROCESSING SERVICES CONTRACT 2009 8 "' C O--Z-v2 interruption of this Contract, should end prior to the expiration of this Contract, the CVWMA shall resume service with Contractor or its subcontractors according to the terms of this Contract. However, if, as a condition of obtaining service from the alternate vendor, the CVWMA-was required to Contract for services provided herein for a time period exceeding the termination of the Force Majeure event, the CVWMA shall have the right to continue service through an alternate contractor for the duration of the original term of the implementing Contract or through any renewal that has been started. Should CVWMA secure another vendor by reason of Force Majeure to perform any portion of the services provided by Contractor, Contractor shall not be liable to compensate CVWMA for the services of that vendor nor shall CVWMA be liable to compensate Contractor for such services. C. At any time that Force Majeure is in effect, it is understood by the parties to this Contract that the CVWMA shall not be obligated to pay service fees to Contractor for any or all service interrupted by reason of Force Majeure. Notwithstanding any interruption of this Contract due to a Force Majeure event, the Contractor shall be entitled to compensation from the CVWMA for all work completed up to the date of notification of the interruption of service due to reasons of a Force Majeure event. SECTION 14. INSPECTIONS Contractor agrees to permit CVWMA or Participating Local Jurisdiction designated personnel to inspect the Contractor's and/or Subcontractor's facilities, equipment and records necessary to evaluate Contractor's performance under this Contract. Inspection of the equipment, facilities and materials collected shall be on demand. Inspection of other records shall be in accordance with the Section of this Contract pertaining to Contractor's Records. The Contractor shall require all subcontractors to agree to this. SECTION 15. CONTRACTOR'S RECORDS Contractor shall maintain its books and. records related to the performance of this Contract in accordance with the following minimum requirements: A. Contractor shall maintain any and all documents, ledgers, books of accounts, invoices, vouchers and canceled checks, as well as all other records or documents evidencing or relating to charges for services, expenditures or disbursements borne by the CVWMA for a minimum period of five (5) years after the conclusion of each year of the Contract, or for any longer period required by law. B. Contractor shall maintain all documents and records which demonstrate performance under this Contract for a minimum period of five (5) years after the conclusion of each year of the Contract, or for any longer period required by law. C. Any records or documents required to be maintained pursuant to this Contract shall be made available for inspection or audit, at any time, during regular business hours, upon prior forty-eight (48) hour written request by the CVWMA. Evidence of Contractor's attempt to comply with this response time, if provided by Contractor within forty-eight (48) hours, shall constitute a reasonable effort by Contractor. Under no circumstances shall Contractor take more than five (5) business days from the date of receipt of said notice to comply with this Section of the Contract. The records shall be available to the CVWMA representative at Contractor's place of business. SECTION Ib. PAYMENT FOR NON-PERFORMANCE �$ USED OIL, OIL_ FILTER AND ANTIFREEZE COLLECTION, AND PROCESSING SERVICES CONTRACT 2009 9 Failure by the Contractor to fulfill its obligations in the manner agreed upon in the Contract shall result in payment for non-performance to the CVWMA as indicated below to compensate CVWMA for time, effort and expense necessary to address and/or correct such non-performance. If payment is due the Contractor, the non-performance payment shall be deducted from any amounts due the Contractor. If no amounts are due the Contractor, the Contractor shall remit the non-performance payment to the CVWMA on receipt of written demand from the CVWMA. Ten day advance written notice will be provided to the Contractor of the Authority's intent to invoke the payment for non- performance clause for Contract violations. The penalties are as follows: 1. Failure to provide collection $100.00 per occurrence services for Used Oil, Oil Filters and Antifreeze within 72 hours following notification to the Contractor by the CVWIVIA of the need for services. Failure to collect, transport and process the $100.00 per.occurrence materials collected in a manner that complies with applicable federal, state and local laws, regulations and ordinances. MID"0I Z� IM1 MM A. In the event that either Contractor or the CVWMA defaults in the performance of any of the material covenants or agreements to be kept, done or performed by either party under the terms of this Contract, the non -defaulting party shall notify the other party in writing of the nature of such default. Within ten (10) working days following such notice, the defaulting party shall correct the default; or in the event of a default not capable of being corrected within ten (10) working days, the defaulting party shall commence correcting the default within ten (10) working days of the receipt of notification. thereof, and shall thereafter correct the default within thirty (30) days. If the .defaulting party fails to correct the default as provided above, or if in CVWMA's determination such default cannot be corrected the other party, without further notice, shall have all of the following rights which the party may exercise singly or in combination, in addition to any other right or remedy allowed by law: 1. The right to. declare that this Contract, together with all rights granted or obligations incurred hereunder, is terminated, effective upon such date as the non -defaulting party shall designate. In the event of such termination, Contractor shall be compensated only for the services (as set forth herein) provided in accordance with the terms of the Contract and expenses incurred as of the date of termination. Upon such termination, neither party shall have any further obligation to perform services or pay compensation pursuant to the terms of the Contract. 2, The CVWMA shall have the right to contract with others to perform the services otherwise to be performed by Contractor or to perform such services itself and the ability to recover any cost differential from Contractor incurred to do so. In the event that Contractor files a petition in bankruptcy court or is the subject of an involuntary bankruptcy proceeding, the CVWMA shall have the right to demand assurances that Contractor can continue to perform its obligations under this Contract and Contractor shall provide P 62 USED OIL, OIL FILTER AND ANTIFREEZE COLLECTION, AND PROCESSING SERVICES CONTRACT 2009 10 such assurances as provided herein. Failure of Contractor to provide adequate assurances shall constitute a default. Neither party shall be considered in default of this Contract if such failure to perform is caused by a Force Majeure event. B. A waiver by either parry of any breach(es) of any provision of this Contract shall not be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision of the Contract. No payment or acceptance of compensation of any period subsequent to any breach shall be deemed a waiver of any right or acceptance of defective performance. Where the condition to be waived is a material part of the Contract such that its waiver would affect the essential bargain of the parties, the waiver must be supported by consideration and take the form of a Contract modification as provided for elsewhere in this Contract. SECTION 18. TERAIINATION In addition to remedies provided by Section 17, if the Contractor fails to perform in a satisfactory manner based on Cm's sole analysis or review, or fails to perform in accordance with the terms of the Contract or applicable federal, state and local laws, regulations and ordinances, the CVWMA shall have the right to demand, in writing, adequate assurance from the Contractor that steps have been or are being taken to rectify the situation. Within ten (10) days of receipt of such a demand, the Contractor shall respond by stating the steps taken or to be taken to rectify the non-performance or non-compliance. If the Contractor has not performed or corrected the non-compliance in accordance with the terms of the Contract, or if, in the reasonable judgment of the CVWMA, the Contractor cannot or will not perform or rectify the non-compliant or non -satisfactory performance within thirty (30) days following receipt by CVWMA of such response, then CVWMA may send to the Contractor a written notice of termination, and this Contract shall terminate effective fifteen (15) days following the date of such notice of termination and/or take steps specified in Section 17, SECTION 19. RIGHT TO REQUIRE PERFORMANCE The failure of the CVWMA at any time to require performance by the Contractor of any provision hereof shall in no way affect the right of the CVWMA thereafter to enforce the same. Nor shall waiver by the CVWMA of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. SECTION 20. COMPLIANCE WITH EQUAL OPPORTUNITY During the performance of this Contract, Contractor agrees as follows: A. Contractor shall not discriminate against any employed or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. B. - Contractor, in all solicitations or advertisements for employees placed by or on behalf of Contractor, will state that Contractor is an equal opportunity employer. USED OIL, OIL FILTER AND ANTIFREEZE COLLECTION, AND PROCESSING SERVICES CONTRACT 2009 11 C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purposes of meeting the requirements of this Section. D. Contractor will include the provisions of the foregoing paragraphs A, B, and C of this Section in every subcontract or purchase order related to this Contract of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. E. Contractor shall comply with Executive Order No. 11246, entitled "Equal Employment Opportunity" as supplemented in Department of Labor Regulation (41 CFR, Part 60). During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, which is made part of this Contract by reference, and with any other applicable provision of federal or state law guaranteeing equal employment opportunity. SECTION 21. DRUG-FREE WORKPLACE During the performance of this Contract, the Contractor shall comply with all federal, state and local government laws regarding controlled substances, where applicable. In addition, the Contractor agrees as follows: A. The Contractor will provide a drug-free workplace for its employees. B. The Contractor will post in a conspicuous place(s), available to employees and applicants for employment, a statement notifying employees that the unlawful sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken for violation of this prohibition. C. The Contractor will state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace. . The Contractor will include the provision of the foregoing Subparagraphs A, B and C of this Section 20 in every subcontract or purchase order under this Contract over $10,000, so that the provisions will be binding upon the Contractor's sub -contractors and employees. SECTION 22. LAW TO GOVERN This Contract shall be executed in the City of Richmond, Virginia; and shall be governed, construed, and interpreted according to the laws of the Commonwealth of Virginia. Parties agree to jurisdiction of any dispute in the City of Richmond. SECTION 23. COMPLIANCE WITH LAWS AND REGULATIONS Contractor agrees that, in the performance of Used Oil, Oil Filter and Antifreeze Collection, Transportation and Processing Services and the performance of other work and services under this Contract, Contractor will qualify under and comply with any and all federal, state and local laws, ordinances, rules, regulations and permits now in effect, or hereafter enacted or required during the term of this Contract, which are applicable to Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. r • I:7 ,' c� USED OIL, OIL FILTER AND ANTIFREEZE COLLECTION, AND PROCESSING SERVICES CONTRACT 2009 '12 VX V SECTION 24 PERINHTS AND LICENSES Contractor, at its sole cost and expense, shall maintain throughout the term of this Contract all permits, licenses and approvals necessary or required for Contractor to perform the work and services described herein, including but not limited to the operation of any processing facility. SECTION 25. SEVERABILITY Should any term, provision or other part of this Contract be declared illegal by a Court of competent jurisdiction, it shall be excised and modified to conform to the appropriate laws or regulations. Should any term, provision or other part of the Contract be held to be inoperative, invalid or unenforceable, then such provision or portion thereof shall be reformed in accordance with applicable laws or regulations. In cases of illegal and/or invalid provisions, the remainder of the Contract shall not be affected but shall remain in full force and effect. SECTION 26. ASSIGNMENT AND CHANGE OF OWNERSHIP A. No assignment of this Contract or any right accruing under this Contract shall be made, in whole or in part, by Contractor without the express written consent of the CVWMA, tivbich consent shall not be unreasonably withheld. The assignment of any Contract duties will require the written consent of the Surety, applicable financial institution or insurance carrier in order to ensure that neither Contractor nor its Surety, applicable financial institution or insurance carrier will be relieved of any liability and/or obligation to perform unless the assignee provides the surety required under this Contract and so long as the original Surety remains liable for services either improperly or not performed by Contractor prior to the assignment of this Contract or provide for a switch in bond, surety, etc. B. This Contract shall be binding upon the parties hereto, their legal heirs, representatives, successors and assigns. SECTION 27. INDEPENDENT CONTRACTOR Contractor shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant or employee of the CVtiVMA or the Participating Local Jurisdictions. Except as otherwise provided under this Contract, Contractor shall have exclusive control of and the exclusive right to control the details of the services and work performed hereunder and all persons performing the same. Nothing herein shall be construed as creating a partnership or joint venture between the CVWMA and Contractor. No person performing any of the work or services described hereunder shall be considered an officer, agent, servant or employee of the CVWMA, and no such person shall be entitled to any benefits available or granted to employees of the CVWMA. SECTION 28. SUBCONTRACTORS AND JOINT VENTURES A. . Contractor hereby agrees that no subcontractor will be used to perform any of the services to be provided to the CV NU under this Contract without advance written approval of the CVWMA. Contractor further agrees that any subcontractor shall meet all CVWMA requirements imposed on Contractor and that the Contractor shall be solely responsible for payment to subcontractors. B. Each individual entity of Contractor that is constituted as a joint venture shall be considered and treated as a subcontractor subject to the conditions applicable to subcontractors under this •., ., USED OIL, OIL FILTER AND ANTIFREEZE COLLECTION, AND PROCESSING SERVICES CONTRACT 2009 13 Contract. 'It is understood that Contractor's national cooperative marketing agreements with other corporations shall not be defined as a subcontractor joint venture relationship under this Section. SECTION 29. AMENDMENT No modification or amendment of the terms hereof shall be effective unless written and signed by the authorized representatives of all parties entitled to receive a right or obligated to perform a duty under this Contract. A signed original is to be fastened to the original Contract with signed copies retained by all the parties. The written modification shall become effective according to the schedule agreed upon by the parties and set forth in any amendment to this Contract. SECTION 30. MERGER CLAUSE - PREVIOUS AGREEMENT SUPERSEDED This Contract shall constitute the final and complete agreement and understanding between the parties. All prior and contemporaneous agreements and understandings, whether oral or written, are to be without effect in the construction of any provision or term of the Contract if they alter, vary, or contradict the Contract. SECTION 31. TITLES OF SECTION Section headings inserted herein are for convenience only, and are not intended to be used as aids to interpretation and are not binding on the parties. SECTION 32. CONSTRUCTION This Contract is intended to express the mutual -intent of the parties and, irrespective of the identity of the party preparing this Contract or any document or instrument referred to herein, no rule of strict construction against the party preparing a document shall be applied. SECTION 33. CONTRACTUAL DISPUTES If any dispute or other such claim should arise under the terms of this Contract between the Contractor and the Participating Local Jurisdiction, the Contractor or Participating Local Jurisdiction shall call or otherwise inform the CVWMA of the nature of the dispute and/or claim and the proposed resolution. If such matters cannot be easily resolved during that communication, the aggrieved party shall submit in writing a summary of its claim(s) to the CVWMA. Within ten (10) days of receipt of this summary, the CVWMA will investigate the alleged claim and notify the claimant of .its decision regarding the dispute or claim.. This dispute resolution process shall in no way prohibit pursuit of remedies under Section 17. Any dispute or other such claim that should arise under the terms of this Contract between the Contractor and CVWMA shall be similarly resolved. If such matters cannot be easily resolved during communication between CVWMA and the Contractor, the Contractor shall submit in writing a summary of its claim(s) to the CVWMA. Within ten (10) days of receipt of this summary, the CVWMA will investigate the alleged claim and notify the Contractor of its decision regarding the dispute or claim. This dispute resolution process shall in no way prohibit pursuit of remedies under Section 17. REMAINDER OF PAGE LFT INTENTIONALLY BLANK 4'; USED OIL, OIL FILTER AND ANTIFREEZE COLLECTION, AND PROCESSING SERVICES CONTRACT 2009 14 IN WITNESS WHEREOF, the parties hereto have agreed and this Contract shall become effective on the last date executed by any party to this Contract. CENTRAL VIRGINIA WASTE APPROVED AS TO FORM: MANAGEMENT AUTHORITY qC6AAM-, By: & � Iz For McCandlish Holton, P.C. Kimberly A. es Executive Director Date <1141p� Date HYDROCARBON RECOVERY SERVICES, INC. dba FCC ENVIRONMENTAL By: ky)�'( . -, w i n' f�rx t 'N. Ryd Heath Branch Manager -- Rockville, VA ps -MAI - of Date USED OIL, OIL FILTER AND ANTIFREEZE COLLECTION,'' AND PROCESSING SERVICES CONTRACT 2009 1�, SPECIAL PROJECT SERVICE AGREEMENT FOR USED OIL, OIL FILTERS AND ANTIFREEZE COLLECTION, TRANSPORTATION AND PROCESSING SERVICES THIS AGREEMENT is made by and between the CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY (hereinafter designated "CVWMA'), its successors and assigns, having its principal place of business at 2104 West Laburnum Avenue, Suite 104, Richmond, Virginia 23227; and (if executed on the appropriate page 10— signature —end page of this agreement). COUNTY OF CHARLES CITY (CCC) and COUNTY OF CHESTERFIELD (CHE), and COUNTY OF GOOCHLAND (GCH), and COUNTY OF HANOVER (HAN), and COUNTY OF HENRiCO (HEN), and COUNTY OF NEW KENT (NKT), and COUNTY OF POWHATAN (POW), and COUNTY OF PRINCE GEORGE (PRG), and CITY OF COLONIAL HEIGHTS (COL), and CITY OF RICHMOND (RIC) (hereinafter, collectively, "Participating Local Jurisdictions"). ARTICLE I - PURPOSE A. The parties have entered into this Service Agreement pursuant to the authority of the Virginia Water and Waste Authorities Act (Title 15.2, Chapter 51 of the Code of Virginia, 1950 as amended), and the Articles of Incorporation of the CVWMA. Its purpose is to establish a special project for Used Oil, Oil Filters and Antifreeze Collection, Transportation and Processing Services ("Speciat Project") within the Participating Local Jurisdictions as authorized by Section 11 of the Articles. B. The Participating Local Jurisdictions agree to participate in this Special Project according to the terms and conditions of this Service Agreement. The Participating Local Jurisdictions further agree that this Service Agreement shall take effect in each Participating Locality upon execution and return of a signed copy of this Service Agreement to the CVWMA. C. The parties agree that the CVWMA will implement this Special Project through a private vendor contract, based upon a Request for Proposals (RFP) 09-44 issued by the CVWMA on December 15, 2005, as reflected in Service Contract entered into between the CVWMA and the Contractor, Hydrocarbon Recovery Services, Inc. dba FCC Environmental. ARTICLE H - DEFINITIONS For the purpose of this Contract, (as defined below), the definitions contained in this Section shall apply unless otherwise specifically stated. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Use of the masculine gender shall include the feminine gender. The word "shall" is always mandatory and not merely discretionary: 1. Authority or CVWW - shall mean the Central Virginia Waste Management Authority, the instrumentality created under the provisions of the Virginia Water and Waste Authorities Act, § 15.2-5100, et seg., and includes the individual members (or voting alternates) of the CVWMA Board of Directors, and the officers, agents or employees of the Central Virginia Waste Management Authority. For the purposes of this Contract, "Authority" SPECIAL PROJECT SERVICE AGREEMENT FOR USED OIL, OIL FILTERS AND ANTIFREEZE COLLECTION, TRANSPORTA MW%S: PROCESSING SERVICES - 2009 1 shall not include the governing bodies, the individual elected officials of the participating local jurisdictions served by this Contract, except those elected officials who serve as members or alternates of the CVWMA Board of Directors, nor the employees or agents of the participating local jurisdictions acting on behalf of their employer or principal, respectively. 2. Antifreeze — shall mean Ethylene and propylene glycol based fluids used in automobile engines to prevent a rigid enclosure from undergoing physical stresses and catastrophic deformation due to the expansion that occurs when water turns to ice 3. Category 1 Material - shall mean paints and solvents and shall include but not limited to: Latex Paints, Oil- based Paints, Varnish/Shellacs, Stains and Tints, Paint Thinners, Lacquer Thinners, Polyurethane, Primers, Paint Reducers, Varsol, Mineral Spirits, Turpentine, Various Flammable Solvents, Oil Additives, Gasoline (both leaded and unleaded), Gasoline Additives and Cooking Oil. 4. Category 2 Material - shall mean automotive fluids which shall include but not limited to: used oil (motor oil, automatic transmission fluid, power steering fluid, gear oil, turbine engine oil, hydraulic oil), Diesel Fuel, Fuel Oil, Kerosene (#2, #4, and #6), Brake Fluid, Anti -Freeze (ethylene glycol based anti -freeze, propylene glycol based anti -freeze), and Oil Filters 5. Collection Sites - shall mean sites where the collection of Used Oil, Oil Filters and/or Antifreeze is to be performed. The CVWMA will notify the Contractor in writing as to the location of Collection Sites as those sites are designated by Participating Localities over the term of this Contract. 6. Contract — shall mean the written document and all written amendments thereto, between the CVWMA and the Contractor governing the provision of Used Oil, Oil Filter and Antifreeze Collection, Transportation and Processing Services as provided herein; the Contractors proposal and subsequent addenda and correspondence; and the original Request for Proposals. 7. Contractor - shall mean the individual, firm, partnership, joint venture, corporation, or association performing Used Oil, Oil Filter and Antifreeze Collection, Transportation and Processing Services under this Contract with the Central Virginia Waste Management Authority (CVWMA) and for the purposes of this Contract shall mean Hydrocarbon Recovery Services, Inc,, dba FCC Environmental. 8. Force Majeure — shall mean any cause beyond the reasonable control of the party whose performance under this Contract is adversely affected, including but not limited to acts of God, change in law, war, riot, fire, explosion, wind storm, flood, inability to obtain or use fuel, power, or raw materials, shortage or failure of the usual means of transportation, injunction, action by governments not party to this Contract, accident, and breakdown of machinery or equipment. "Reasonable control" of a party shall specifically exclude that party's ability to reach agreement in a labor dispute and that party's ability to settle or compromise litigation. 9. Household Hazardous Waste - shall mean those materials included in the definitions of Category 1 Materials, Category 2 Materials and any waste material derived from households (including single and multiple residences, hotels, motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day - use recreation areas) which, except for the fact that it is derived from a household, would otherwise be classified as a hazardous waste in accordance with 9VAC20-60. 10. Member Jurisdictions — shall mean the members of the CVWMA including the Counties of Charles City, Chesterfield, Goochland, Hanover, Henrico, New Kent, Powhatan and Prince George; the Cities of Colonial Heights, Hopewell, Petersburg, and Richmond; and the Town of Ashland. 11. On Call Service - Shall mean that collection service to be performed by the Contractor shall be arranged by the CVWMA or the Participating Local Jurisdictions by making telephone, email or fax contact with the SPECIAL PROJECT SERVICE AGREEMENT FOR USED OIL, OIL FILTERS AND ANTIFREEZE COLLECTION, TRANSPORTATI NSA PROCESSING SERVICES - 2009 til ,J L Contractor to request service. Collection shall be performed within 72 hours (exclusive of Holidays, Saturdays and Sundays) of notification by CVWMA. 12. Participating Local Jurisdictions shall mean those CVWMA Member Jurisdictions that have executed the Special Project Service Agreement for Used Oil, Oil Filters and Antifreeze Collection, Transportation and Processing Services pursuant to Article 11 of the CVWMA Articles of Incorporation. 13. Safe Garage Collection Site Collection, Transportation and Processing - shall mean the collection of Used Oil, Oil Filters and/or Antifreeze by Participating Local Jurisdictions at Collection Sites and the subsequent transportation and processing of those materials by the Contractor. 14. Special Project Service Agreement - shall mean an agreement between the CVWMA and the Participating Local Jurisdictions specifying the terms and conditions under which those jurisdictions will participate in the program outlined in this Contract. 15. Used Oil, Oil Filters and Antifreeze - shall mean used oil (motor oil, automatic transmission fluid, power steering fluid, gear oil, turbine engine oil, hydraulic oil), diesel fuel, fuel oil, kerosene (#2, #4 and #6), antifreeze (ethylene glycol based antifreeze, chiller/HVAC system coolant, propylene glycol based antifreeze) and oil filters (devices on motor vehicles that filter the motor oil). 16. Used Oil, Oil Filters and Antifreeze Collection, Transportation and Processing Services - shall mean those services to be performed by the Contractor including: a) Collection, Transportation and Processing; b) reporting to the CVWMA the results of activities associated with a); and c) the performance of any and all other functions and obligations relative or ancillary to the described services. ARTICLE III - TERM OF AGREEMENT This Agreement shall be effective and run concurrently with the Contract for a term of five (5) years commencing on July 1, 2009, and ending on June 30, 2014. The Agreement may be extended on the same basis as the Contract under the same terms and conditions for one (1) additional five (5) year period. The written agreement to extend the Agreement shall be made by the CVWMA and Participating Local Jurisdictions not less than one hundred eighty (180) days prior to the expiration of its term. However, during the renewal process or at any point during the initial term amendments consistent with the intent and scope of services outlined in this Contract and the RFP may be negotiated and/or made to accommodate needs of parties. ARTICLE IV - SCOPE OF SERVICES AND COMPENSATION FOR SERVICES The Contractor shall provide the following Used Oil, Oil Filter and Antifreeze Collection, Transportation and Processing Services as requested by Participating Local Jurisdictions. A. Collection and other designated collection sites Collection, Transportation and Processing of Used Oil, Oil Filters and Antifreeze. The CVWMA shall notify the Contractor before July 1, 2009, of the Collection Sites and the materials that must be collected at these sites. Suitably sized and properly labeled collection containers shall be provided by Contractor at Collection Sites which are compliant with the provisions of Title 49, Code of Federal Regulations, for shipping hazardous and non -hazardous materials for the collection of used oil, oil filters and antifreeze. A suitable container such as a 55 gallon drum(s), DOT Standard 17E, shall be furnished by the Contractor to each jurisdiction for the collection of used anti -freeze. A suitable container such as a 55 gallon drum shall be furnished by the Contractor to each jurisdiction for the collection of used oil filters. Any necessary training in the handling of used oil, oil filters and antifreeze shall be provided by the Contractor to Participating Local Jurisdiction personnel, volunteers or other workers staffing Collection Sites. Collection of materials shall occur as frequently as needed but not less than every ninety (90) days. When collection containers are removed by Contractor, they shall be immediately replaced. The Contractor shall SPECIAL PROJECT SERVICE AGREEMENT FOR USED OIL, OIL FILTERS AND ANTIFREEZE COLLECTION, TRANSPORTATION AND PROCESSING SERVICES - 2009 r �,J, f a p �> Giv o.s� provide monthly reports by Collection Site specifying the quantities and types of materials collected at each collection site. ARTICLE V - DELIVERY CONDITIONS A. Participating Local Jurisdictions agree to cooperate with the Contractor and the CVWMA in the implementation of Used Oil, Oil Filter and Antifreeze Collection, Transportation and Processing Services through this Special Project Agreement, At CVWMA's request, the Participating Local Jurisdictions will consider all reasonable and lawful actions which assist in the successful implementation and administration of the Special Project under this Agreement. B. Participating Local Jurisdictions shall be responsible for the bulk collection of materials and shall assume their proportional share of financial responsibility for handling and disposing of materials improperly prepared for collection. C. Participating Local Jurisdictions shall provide appropriate supervision of the Collection Site and Containers and shall accept responsibility for Containers provided by the Contractor while they are at Collection Sites. D. Participating Local Jurisdictions shall not knowingly mix other materials, including PCB's, with waste materials or otherwise cause the alteration of the characteristics or components of materials accepted for collection. E. Participating Local Jurisdictions shall comply with all federal, state and local laws, regulations and ordinances applicable to the materials collected. F. Participating Local Jurisdictions shall warrant that these provisions included in the Special Project Service Agreement shall survive the termination of the Service Agreement. ARTICLE VI - PAYMENT OF SERVICE FEES A. The Contractor agrees to pay the CVWMA 30% (thirty percent) of the average monthly price for the three months prior to the current month (rolling three month average) based on the Department of Energy (DOE) average price for New York Harbor low sulfur No. 2 diesel ("Contract Rate') for all used oil collected from participating member jurisdiction sites. During the term of this Agreement, the rate paid for used oil shall be subject to adjustment on the 156' of every month. The link to the DOE price table is: http://www.eia.doe.yoy/pub/oil gas/petroleum/data publications/weekly petroleum status report/current/pdflta blel5/pdf Payments for the used oil to CVWMA should be made no later than the 101 of the month following the collection of the used oil. The CVWMtL shall remit the amount paid by the Contractor to the Participating Local Jurisdiction. B. There shall be no charge to CVWMA nor to the Participating Local Jurisdiction nor any payment from the Contractor for any antifreeze collected from Participating Local Jurisdiction sites. C. The Contractor shall be paid $49.00 for each 55 -gallon drum of used oil filters collected from a participating member jurisdiction site by CVWMA. The Participating Local Jurisdictions shall pay CVWMA for services provided pursuant to tbis Agreement. The Participating Local Jurisdictions agree to pay any service fee adjustments approved by the CVWMA which are required under the Contract implementing this Agreement or contained in this Agreement which are applied to all Participating Local Jurisdictions. Each Participating Local SPECIAL PROJECT SERVICE AGREEMENT FOR USED OIL, OIL FILTERS AND ANTIFREEZE COLLECTION, TRANSPORTATION AND PROCESSING SERVICES - 2009 4;a Jurisdiction agrees to pay any service fee adjustments approved by the CVWMA which result from changes in service implemented in that individual Participating Local Jurisdiction. D. Fees to Participating Local Jurisdiction for Other Services performed by Contractor: 1. Vacuum Services for Oil/Water a. $250.00 truck charge b. $1.15 per gallon for solids c. $0.25 per gallon for liquids 2. Absorbents (to include but not limited to oily rags and oil dry): $49.00 per 55 -gallon drum E. The CVWMA shall prepare monthly invoices for amounts due for Used Oil and Antifreeze Collection, Transportation and Processing Services. The Participating Local Jurisdictions shall pay invoiced amounts within thirty (30) days of the date of the invoice. F. Adjustments to the Contractor's service fees shall be made annually on July 1 of each year, beginning on July 1, 2000, based on the increase in the U.S. Consumer Price Index for Urban Consumers (CPI -U) for the previous twelve months immediately preceding the anniversary of the Contract's effective date. Annual increases to the Contractor shall not exceed five (5) percent of the previous year's service fees. G. The Contractor may petition the CVWMA at any time for adjustments or additions to associated fees on the basis of unusual changes, such as new or revised laws, ordinances or regulations, or other reasons. The CVWMA shall have the right, as a pre -condition for approval of such petition, to demand inspections by itself, or by an independent auditor, of pertinent records that demonstrate the "unusual changes" resulting in the need for an adjustment to the fees. CVWNIA shall have sole discretion to grant or deny such petitions under this paragraph. ARTICLE VII - TITLE TO MATERIALS Title to all materials collected, transported and processed in connection with Used Oil, Oil Filter and Antifreeze Collection, Transportation and Processing Services shall vest to the Contractor at the time the material is loaded onto the Contractors vehicle for collection at the Collection Site. ARTICLE VIII - NO PARTNERSHIP Nothing herein shall be construed to constitute a joint venture between CVWMA and the Participating Local Jurisdictions or CVMWA/Participating Local Jurisdictions and the Contractor or the formation of a partnership. ARTICLE IX - FORCE MAJEURE A. Failure of any party to perform under this Agreement by reason of Force Majeure shall not constitute default or be cause for termination of this Agreement. However, the party so failing to perform shall immediately notify the CVWMA and the other Participating Local Jurisdictions and/or Contractor as applicable in writing of the failure, including reasons therefor, and shall make reasonable efforts to correct such failure and to continue performance at the earliest possible date. B. Should the CVWMA be unable to complete performance under this Agreement due to the Contractor's failure to perform by reason of Force Majeure, it shall, where practicable, take all reasonable steps to secure another vendor to perform the work as described in the RFP according to the already established schedule of rates, fees and charges. Should the CVWMA be unable to secure a vendor to perform according to the established SPECIAL PROJECT SERVICE AGREEMENT FOR USED OIL, OIL FILTERS AND ANTIFREEZE COLLECTION, TRANSPORTATION AND PROCESSING SERVICES - 2009 schedule of rates, fees and charges, the parties may agree to a new schedule by written amendment to this Agreement, if the parties are unable to agree on a new schedule, this Agreement shall terminate. C. Participating Local Jurisdictions shall have the right, but not the obligation, to perform Used Oil , Oil Filter and Antifreeze Collection, Transportation and Processing within their respective jurisdiction(s) by means other than. the Contractor at any time during which Force Majeure is in effect in the Participating Local Jurisdictions. For the period Force Majeure is in effect in the Participating Local Jurisdictions, the CVWMA shall not impose any rate, fee or charge for Used Oil, Oil Filter and Antifreeze Collection, Transportation and Processing within the Participating Local Jurisdictions on the Contractor. Any additional costs incurred by any Participating Local Jurisdiction as a result of using another method (by reason of Force Majeure) other than the Contractor shall be borne by that Participating Local Jurisdiction. ARTICLE X — TERMINATION AND NON -APPROPRIATION A. A Participating Local Jurisdiction desiring to withdraw from this Service Agreement shall give the CVWMA thirty (30) days advance written notice of its intent withdraw. B. The parties to this Service Agreement agree that termination pursuant to Article XI shall be without penalty or liability to either party. C. Notwithstanding the withdrawal of any Participating Local Jurisdiction, this Service Agreement shall remain in effect with respect to any remaining Participating Local Jurisdiction(s). ARTICLE M. NON -APPROPRIATION The Used Oil, Oil Filter and Antifreeze Collection, Transporting and Processing Services implemented and governed by this Agreement are funded solely through fiends appropriated to the CVWMA by the Participating Local Jurisdictions. The continuation of the terms, conditions and provisions of this Agreement beyond the end of any Participating Local Jurisdiction's fiscal year is subj ect to the approval and ratification by the governing body of the Participating Local Jurisdiction and appropriation of the necessary money to fund this Agreement for the succeeding fiscal year by that Participating Local Jurisdiction. Should the governing body of the Participating Local Jurisdiction fail to appropriate necessary funding for Used Oil, Oil Filter and Antifreeze services, the Participating Local Jurisdiction may terminate this Agreement or any unfunded portion of this Agreement without incurring any penalty, liability or additional costs whatsoever. ARTICLE XII - AUDIT PROVISIONS A. CVWMA and/or Contractor's records, which shall include but not be limited to all documents, accounting records, written policies and procedures, contract files (including proposals of successful and unsuccessful offerors), payroll records, original estimates, estimating worksheets, correspondence, change order files (including documentation covering negotiated settlements), and any other supporting evidence necessary to substantiate charges related to this Agreement, shall be open to inspection by the Participating Local Jurisdictions and subject to audit and/or reproduction, during normal working hours or at such other times as are mutually agreed upon by the parties, to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by CVWMA or any of its agents or vendors pursuant to this Agreement. B. For the purpose of such audits, inspections, examinations and evaluations, the Participating Local Jurisdictions' agent or authorized representative shall have access to records from the effective date of this Agreement, for the duration of the Agreement, and until five (S) years ager the date of final payment by Participating Local Jurisdictions'to CVWMA for each fiscal year of service pursuant to this Agreement. SPECIAL PROJECT SERVICE AGREEMENT FOR USED OIL, OIL FILTERS AND ANTIFREEZE COLLECTION, TRANSPORTATION AND PROCESSING SERVICES - 2009 C. Participating Local Jurisdictions' agent or authorized representative shall have reasonable access to CVWMA's facilities, shall have reasonable access to all necessary records, and shall be provided reasonable access to adequate and appropriate work space in order to conduct audits in compliance with this Article. Participating Local Jurisdictions' agent or authorized representative shall give the CVWMA reasonable advance notice of intended audits. D. Participating Local Jurisdictions' agent or authorized representative shall have reasonable access to Contractor's documents, records and policies as defined in Section 15 of the Contract between CVWMA and Contractor. ARTICLE XHI - LICENSES, PERMITS AND CERTIFICATES The responsibility for ensuring that all licenses, permits and certificates required in connection with any and all parts of the Special Project implemented by this Agreement are secured rests with the Contractor. ARTICLE XIV - INSURANCE, INDEMNIFICATIONS AND PERFORMANCE BOND/LETTER OF CREDIT A. Insurance. The Contractor shall be required to carry for the life of the Contract with the CVWMA, Public Liability Insurance, with a company licensed to do business in the Commonwealth of Virginia and in the amount and coverage specified below, in addition to any other contractual liability assumed by the Contractor. The Contractor shall, prior to commencement of work under the Contract, deliver Certificates of Insurance from carriers acceptable to the Contractor specifying such limits, with the CVWMA and each Participating Local Jurisdiction participating in this proposed project named as additional insured parties. In addition, the Contractor shall ensure that the insurer shall agree to give the CVWMA thirty (30) days written notice of its decision to cancel, change or fail to renew coverage. The CVWMA reserves the option to increase the required insurance amounts if the Contract is renewed beyond the initial five year term. a. Worker's Compensation Coverage A - Statutory Requirements b. Automobile Liability, Including Owned, Non -Owned and Hired Car Coverage Limits of Liability - $4,000,000 Combined Single Limit for Bodily Injury and Property Damage C. Comprehensive General Liability Limits of Liability - $4,000,000 Combined Single Limit for Bodily Injury and Property Damage Including: Completed Operations/Products Contractual Liability for Specified Agreements Personal Injury Broad Form Property Damage NOTE: The levels of coverage required in b. and c. can be met by the primary policy alone or in concert with an excess liability policy. d. Environmental Pollution Liability Insurance The Contractor shall be required to provide at least one of the following: 1. Justification acceptable to the CVWMA that environmental pollution liability insurance coverage is unwarranted to cover the risk of environmental damage associated with the release of SPECIAL PROJECT SERVICE AGREEMENT FOR USED OIL, OIL FILTERS AND ANTIFREEZE COLLECTION, TRANSPORTATION AND PROCESSING SERVICES - 2009 7 pollutants from the materials to be handled under its contract; 2. Evidence acceptable to the CVWMA that the contractor can provide self insurance to cover any environmental pollution liability claim against the CVWMA and the Participating Local Jurisdictions resulting from activities conducted under its contract; or 3. A Certificate of Environmental Pollution Liability Insurance naming the CVWMA and the Participating Local Jurisdictions as additional insured parties under.the policy. The Contractor shall provide, if required, evidence showing compliance with the above requirements to the satisfaction of the CVWMA prior to commencement of work under its contract. Failure to comply with this requirement may be cause for termination of the contract, in the sole discretion of the CVWMA. B. Indemnification. The Contractor shall indemnify and hold the CVWMA and its members and/or Participating Local Jurisdictions and all of their respective officers, agents and employees harmless from and defend against all claims (legal, equitable or administrative), damages, losses, and expenses, including attorneys' fees and as specified legal costs, of whatever kind or nature arising out of or resulting from the Contractor's (or any of its subcontractor's) providing, or failing to provide, any construction, product, goods, or services required under the Request for Proposals or Contract, including, but not limited to, any such claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property whether real or personal, and/or loss of business or profits; provided, however, that the Contractor's indemnification obligation under the Contract shall be limited to claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the Contractor or any subcontractor performing work required by the Contract with the CVWMA or anyone directly or indirectly employed by any of them or anyone for whose acts the Contractor or any subcontractor may be liable. The Contractor shall indemnify and hold the CVWMA and its Member Localities and/or Participating Local Jurisdictions, and all of their officers, agents and employees harmless from and defend against all claims (legal, equitable or administrative), damages, losses, expenses (including expert witness fees), consultant and attorney fees, remediation costs, removal costs, clean-up costs and all other costs, liabilities or expenses arising out of or resulting from the performance of services set forth in this Contract, or the failure to perform said services. It is understood that this indemnification shall extend to any and all claims against the CVWMA or the Participating Local Jurisdictions by any third-party(ies) or agencies of the federal, state or local governments for any environmental liability due to a release of pollutants to the environment, whether imposed by statute, ordinance, regulation or common law, relating to activities under this Contract. This Section shall survive the expiration or termination of this Contract. C. Performance Bond or Letter of Credit. The Contractor shall furnish to the CVWMA, and keep current during the term of its Contract, including renewals if applicable, a performance bond for the faithful performance of its Contract and all obligations arising hereunder in an amount equal to twenty thousand dollars ($20,000). It shall be executed by a surety company licensed to do business in the Commonwealth of Virginia; having an "A-" or better rating by A. M. Best or Standard and Poor's; and included on the list of surety companies approved by the Treasurer of the United States. The performance bond shall be in a form acceptable to the CVWMA and included as an Attachment to this Contract, attached hereto and included herein, covering the faithful performance of each contract. The CVWMA may allow an irrevocable letter of credit in lieu of the performance bond with a banking institution and on terms and conditions acceptable to the CVWMA. Should the financial condition of the surety or banking institution become unacceptable to the CVW:MA, the Contractor shall be notified in writing of that unacceptability. Within sixty (60) days of receipt of said notification the Contractor shall furnish such additional bond or substitute letter of credit at the Contractor's expense as may be required by the CVWMA to protect its interests. SPECIAL PROJECT SERVICE AGREEMENT FOR USED OIL, OIL FILTERS AND ANTIFREEZE COLLECTION, TRANSPORTATIO �p PROCESSING SERVICES • 2009 8t' The Contract shall be subject to termination by the CVWMA at any time if said bond or letter of credit shall be canceled or the surety thereon relieved from liability for any reason. Notice of cancellation of the bond or letter of credit must be served upon the CVWMA one hundred and twenty (120) days prior to the effective date of said cancellation. The affected contract will not be terminated if within five (5) working days of receipt of such notice the Contractor files with the CVWMA a similar bond or letter of credit to be effective for the balance of its Contract period. ARTICLE XY. TITLES OF SECTIONS Section headings inserted herein are for convenience only, and are not intended to be used as aids to interpretation and are not binding on the parties. ARTICLE XVI. AMENDMENT No modification or amendment of the terms hereof shall be effective unless written and signed by the authorized representatives of all parties entitled to receive a right or obligated to perform a duty under this Agreement. A signed original is to be fastened to the original Agreement with signed copies retained by all the parties. The written modification shall become effective according to the schedule agreed upon by the parties and set forth in any amendment to this Agreement. ARTICLE XVII. MERGER CLAUSE: PREVIOUS AGREEMENTS SUPERSEDED This Special Project Service Agreement shall constitute the final and complete agreement and understanding between the parties. All prior and contemporaneous agreements and understandings, whether oral or written, are without effect in the construction of any provision or term of the Agreement. In the event any provision of this Agreement shall be held to be invalid and unenforceable, the remaining provisions shall be binding upon the parties. One or more waivers by either party of any provision, term, condition, or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. ARTICLE XIX - DELEGATION Neither the Participating Local Jurisdictions nor the CVWMA shall delegate its duties under this Agreement without the written consent of the other. IWC71MIVW 11�ItIlli] /\1 77:711113f Additional local jurisdictions may become parties to this Agreement, provided that their inclusion in the service area does not increase the cost of this Agreement to the Participating Local Jurisdictions who are initial parties. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK SPECIAL PROJECT SERVICE AGREEMENT FOR USED OIL, OIL FILTERS AND ANTIFREEZE COLLECTION, TRANSPORTATION AK PROCESSING SERVICES - 2009 1LOX'KA'Al By: Kimberly A. Executive Director Date: 16161 Ulu IM11) &$j 111 *3 111.01.1 m Im mw'l—)m"mr'm'—m ms SPECIAL PROJECT SERVICE AGREEMENT FOR USED OIL, OIL FILTERS AND ANTIFREEZE - 2009 10 - CHE - End - Signature CH FIRST ADDENDUM TO THE SPECIAL PROJECT SERVICE AGREEMENT FOR USED OIL, OIL FILTERS, AND ANTI -FREEZE COLLECTION, TRANSPORTATION, AND PROCESSING SERVICES WHEREAS, the Central Virginia Waste Management Authority (hereinafter "CVWMA") and FCC Environmental (hereinafter "CONTRACTOR") entered into Used Oil, Oil Filters, and Antifreeze Collection, Transportation, and Processing Contract (hereinafter "Contract") executed July 1, 2009; and WHEREAS, Section 2 Term of the Contract provides for one (1) additional five (5) year extension of the Contract based on mutual consent of the CVWMA and the Contractor; and WHEREAS, the CVWMA and the Contractor mutually consent and wish to extend the term of the Contract for a five (5) year period; and WHEREAS, the CVWMA Board of Directors approved the extension of this Contract at the February 2014 Board Meeting with Resolution 14-14; and WHEREAS the CVWMA and Participating Local Jurisdictions wish to amend the Special Project Service Agreement for Used Oil, Oil Filters, and Antifreeze Collection, Transportation, and Processing Services (hereinafter "Agreement") to reflect amendments to the Contract; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter provided: BE IT RESOLVED that this First Addendum to the Agreement is made by and between CVWMA, its successors and assigns, having its principal place of business at 2100 West Laburnum Avenue, Suite 105, Richmond, Virginia 23227, and (if executed on the appropriate page 2 — signature — end page of this agreement). COUNTY OF GOOCHLAND (GCH), COUNTY OF CHESTERFIELD (CHC), COUNTY OF HANOVER (HAN), COUNTY OF HENRICO (HEN), COUNTY OF NEW KENT (KEN), COUNTY OF POWHATAN (POW), CITY OF COLONIAL HEIGHTS (COL), CITY OF RICHMOND (RIC), and TOWN of ASHLAND (ASH) (hereinafter, collectively, "Participating Local Jurisdictions"). BE IT FURTHER RESOLVED, that the term of the Agreement, based on the renewal option as outlined in ARTICLE III- TERM OF AGREEMENT is extended through June 30, 2019. First Addendum to FCC Special Project Agreement Page I o} �-' M First Addendum to FCC Special Project A"ement #M!y 41f IS TWAM re M- to lif -*I HITICIAALZIlliff-I I" G' MV IVA By: "Pllm Kimberly A. Hynes Executive Director Date: James J.L. Stegmaier County Administrator Page 2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 9Z AGENDA Meeting Date: March 11, 2015 Item Number: 8.C.13.a. Subiect: Request Permission for an Existing and Proposed Boat Dock to Encroach in the Impoundment Easement for Swift Creek Reservoir County Administrator's Comments: County Administrator: Board Action Rec Grant Stephen P. Menninger and Virginia T. Menninger permission for an existing and proposed boat dock to encroach in the impoundment easement for Swift Creek Reservoir, subject to the execution of a license agreement. Summary of Information: Stephen P. Menninger and Virginia T. Menninger have requested permission for an existing and proposed boat dock to encroach in the impoundment easement for Swift Creek Reservoir adjacent to Sunrise Bluff. The owner has received permission for the construction of the dock from the underlying land owner and Woodlake Community Association. This request has been reviewed by Utilities and Environmental Engineering. A building permit is also required. Approval is recommended. District: Matoaca Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes F-1No 90026 14 VICINITY SKETCH Request Permission for an Boat Dock to Encroach in Easement for Swift Creek 19 Existing and Proposed the Impoundment Reservoir 0 Chesterfield County Department of Utilities 1 416.67 feet V a W a W W) z W V J u O 0 cc 1 u g V n Im TY• G 2 M 5�� t O W •1 1 z W t it a W a W W) z W V J u O 0 cc 1 C CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA °�YiRGl2t�?'a Meeting Date: March 11, 2015 Item Number: 8.C.13.b. Subiect: Request Permission for an Existing House to Encroach Within a Sixteen -Foot Sewer Easement Across Lot 23, Tarrington, Section 9 County Administrator's Comments: County Administrator: Board Action Requested: Grant Eagle Construction of VA, LLC permission for an existing house to encroach within a 16' sewer easement across Lot 23 Tarrington, Section 9; subject to the execution of a license agreement. Summary of Information: Eagle Construction of VA, LLC has requested permission for an existing house to encroach within a 16' sewer easement across Lot 23, Tarrington, Section 9. This request has been reviewed by the Utilities Department. The existing sewer line in the easement will not be affected. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes FINo # 000265 ES VICINITY SKETCH Request permission for an Existing House to Encroach within a Sixteen -Foot Sewer Easement Across Lot 23, Tarrington, Section 9 M M r-, l 2 REQUEST PERMISSION FOR AN EXISTING HOUSE TO ENCROACH WITHIN A 16 SEWER EASEMENT N Chesterfield County Department of Utilities Adnmqk W_* P S 1 Eet co r.0 dill � X17 ui O 14 C,4 It z sell, J;n.. z 0 lu 0 zH. UA W M = V w w CO uj uj Meeting Date: March 11, 2015 Item Number: 8.C.13.c. Subiect: Request Permission for an Existing and Proposed Boat Dock to Encroach in the Impoundment Easement for Swift Creek Reservoir County Administrator's Comments: County Administrator: Grant Susan F. Williams permission for encroach in the impoundment easement the execution of a license agreement. Summary of Information: an existing and proposed boat dock to for Swift Creek Reservoir, subject to Susan F. Williams has requested permission for an existing and proposed boat dock to encroach in the impoundment easement for Swift Creek Reservoir adjacent to Shelter Cove. The owner has received permission for the construction of the dock from the underlying land owner and Woodlake Community Association. This request has been reviewed by Utilities and Environmental Engineering. A building permit is also required. Approval is recommended. District: Matoaca Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes F-1No NO2 CHESTERFIELD COUNTY 11 49 BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: March 11, 2015 Item Number: 8.C.13.c. Subiect: Request Permission for an Existing and Proposed Boat Dock to Encroach in the Impoundment Easement for Swift Creek Reservoir County Administrator's Comments: County Administrator: Grant Susan F. Williams permission for encroach in the impoundment easement the execution of a license agreement. Summary of Information: an existing and proposed boat dock to for Swift Creek Reservoir, subject to Susan F. Williams has requested permission for an existing and proposed boat dock to encroach in the impoundment easement for Swift Creek Reservoir adjacent to Shelter Cove. The owner has received permission for the construction of the dock from the underlying land owner and Woodlake Community Association. This request has been reviewed by Utilities and Environmental Engineering. A building permit is also required. Approval is recommended. District: Matoaca Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes F-1No NO2 Request Permission for an Existing and Proposed Boat Dock to Encroach in the Impoundment Easement for Swift Creek Reservoir EIZ ti ti REQUEST PERMISSIONF;R AN EX I STI NG AND PROPOSED BOAT D CK rn Chp-sterfiald County Departmart of Utilities Almlah. - AdME04k VY MW 1 h,'A - 416.67 feet 010 2325 6007 072 V's ?' / `V— • 65 1 65 3 65 1.28 � 010 0 011 009 0 4106 1 3405 14400 008 2804 013 5120 14312 010 �1 32.92 0 S9 2103 W 14404 14402 i20- 4707 12 65 14406 6516 65 D 36 A 3 143 R - g 6a4 cove ..►// 63 S --- `u r ' 142.17 j 025 I 7114 14311 026 7007 14313 j 027 179.3s 6901 14315 11S .. y " 65 Susan F. Williams 028 � 65.58 000 14401 Shelter Cove Rd DB. 9222 PG 850 5791 PIN: 722674428900000 14317 W 029 032 031 4289 2285 4990 W s9s o33 2987 3688 14401 14319 14407 1440514403 - -- 2 1 1�9.AC .08 1 �h� 1 ^a. EXISTI N G DOCK — LICENSE AREA ROPOSED- 0113 6200 " 00 j8 I 65.08 404.19 4415 14500 (5-84) IMPOUNDMENT EASEMENT ?8� 3 SWIFT CREEK RESERV011 1; CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 Hactt�++m� AGENDA Meeting Date: March 11, 2015 Item Number: 8.C.13.d. Subiect: Request Permission for an Existing Gravel Driveway to Encroach Within a Sixty -Foot County Right of Way Known as St. George Street County Administrator's Comments: County Administrator: Grant William T. Stubbs permission for an existing gravel driveway to encroach within a 60' county right of way known as St. George Street to access property at 6610 St. George Street, subject to the execution of a license agreement. Summary of Information: William T. Stubbs has requested permission for an existing gravel driveway to encroach within a 601 county right of way known as St. George Street to access property at 6610 St. George Street. This request is a requirement for Variance 15AN0131 and has been reviewed by county staff. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes FINo # 1,000271 VICINITY SKETCH Request Permission for an Existing Gravel Driveway to encroach within a Sixty -Foot County Right of Way known as S,t. George Street D co f--..._. -�.0 co REQUEST PERMISSION FOR AN EX I STI NG GRAVEL DRIVEWAY . ........... ... iy ORE RD N Chesterfied County DepaArrent of Utilities dsmBab� . AdKmqk W_*1 S hn -x33.33 t2et LL EU --i M 0 _3 , I LO 0 UJ U-) 0 tz U_ > o IL uj Q = = u 0., ZD og 9 a IMM -40 114,91Y 109 (A U.J _j Qt; OVOY gNyno _j GY3HS > o < I ZR 0.1 LU uj tA Cd Z, AP,9 7lvj3c3-:w lu it g; WN aw -I've b .zzz FO "Mohom . . ...... 7x, X0 oot �16 co z: N—Y L2 .Fzoruj A;vz U_ LU (30 C6 Vqj C5 Id 199 -o 09'W a 00 w E m MIX m w CL mWe Ci f� CHESTERFIELD COUNTY ti �- BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: March 11, 2015 Item Number: 8.C.14.a. Subiect: Acceptance of Parcels of Land Along the South Right of Way Line of Old Hundred Road from Douglas R. Sowers County Administrator's Comments: County Administrator: Board Action Reguesd: Accept the conveyance of two parcels of land containing a total of 6.037 acres along the south right of way line of Old Hundred Road, State Route 652, from Douglas R. Sowers, and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of two parcels of land containing a total of 6.037 acres along the south right of way line of Old Hundred Road, State Route 652, from Douglas R. Sowers. This dedication is for the development of Rountrey Subdivision-Woolridge Road Extension. Approval is recommended. District: Clover Hill Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes F-1No y00dD274 "VICINITY SKETCH Acceptance of Parcels of Land Along the South Right of Way Line of Old Hundred Road, from Douglas R. Sowers Chesterfk--Id County Department of Utilftie. I A4�Z©-V w�33�l-'3NnHo _J �eee �& &w 9 m_« # F-4 R®R \\\\ t|q w/a\a /\\/\ 6 \/\\ 7kk� i� wk Wq., \/\ 0 \ N � 00 o QU f Co �Cf) n 5 CS r rl 1 40' { ca n� � O Z qLa C, Y R � oro M� p" U v> c=»2 0 m 0 X37 r/� g 0 � S h �> Iy{2 55707oZOTw J 50' F` X04 P-11 Une { g�$ ry RIS o a i � o { �4 z;ga88o, ,' $8 was an2,1.n`nv ; ,^l rrNN 6 `b` 6g4'��9Sf§'A578W p.8. 15 �Opih 1�Ut u0�1Q . � 40 70�5P4 C� CHESTERFIELD COUNTY " BOARD OF SUPERVISORS Page 1 of 1 AGENDA �`^ GIRccNit!, Meeting Date: March 11, 2015 Item Number: 8.C.14.b. Subject: Acceptance of Parcels of Land Along the South Right of Way Line of Old Hundred Road and the East Right of Way Line of Otterdale Road from Douglas R. Sowers and Susan S. Sowers County Administrator's Comments: County Administrator: Accept the conveyance of six parcels of land containing a total of 4.757 acres along the south right of way line of Old Hundred Road, State Route 652 and the east right of way line of Otterdale Road, State Route 667, from Douglas R. Sowers and Susan S. Sowers, and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of six parcels of land containing a total of 4.757 acres along the south right of way line of Old Hundred Road, State Route 652 and the east right of way line of Otterdale Road, State Route 667, from Douglas R. Sowers and Susan S. Sowers. This dedication is for the development of Rountrey Subdivison- Woolridge Road Extension. Approval is recommended. District: Clover Hill Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes F-1 No # 000279 "VICINITY SKETCH Acceptance of Parcels of Land Along the South Right of Way Line of Old Hundred Road and the East Right of Way Line of Otterdale Road from Douglas R. Sowers and Susan S . Sowers N Chesterfield County Department of Utilities W*E S h (Z owtp.� Z ti ,y.f O^1 11QW' r eq h \ NAA j ail \ \ l�gwa ego g_t`l. } c 4Q gReal 14 R ¢ic ��FTQs ^ �¢:m$$d AM .o p ��re,or LL O �C O � � 3 h G,1A IACoc ROAD SIMONSBA�TN DRIVE D.& 7542 p9. 144 5 V W Sh�Nti � N Ron �^ U C4 f �o�r4� o o q� M ao��o z r, 60 O ' N � 0 e y O MW o� U (n N' vs ow Imo I2 �� 2xx992' •�S. ?;; 'bl m H o (J . Pme1G b IT F � h C5 j M ^r i 30.00'is � �- o h Q •�� O o �bj � h �f °� 552020Y� ' � V 1 VCJ $ Sit W � r�•3 ��.ar88ry rf/ 20.04 ti'Y^ � HHhx2�� rancor L're asi��;�g��an 61 o i4 Cg gggA� a MM9 ^> ',off t400mo�Pv'.P'v assn^ o��a y� N 4Q �O �� iorrahn�i X51. RQg� Pg' gbg 49¢' S4 5" B"W �nN 1j act �LC$iq. P4 DBe1p25 Z 0 1-st 94 AN UOw �09 Rill Z, O O t 52 '14 I PSI ,14 IS �Pl ao Z 0 Zo 60' � \l �,�lg 6O iv . .g18 '96B y/�QPLpf, w y 2 iE � N oho1-3 " n 991 5.1 tint 60 .4v k Inca `S99.5=961 3 l� � R Fzq E. iE � N oho1-3 9� i.� g O a O � � m �coo�..ao R P-4 C4 iz -le R P-1 04 F4 cn rag h S-) ansa 94 �sA A pq Q) 9 Mys "S coo a0 An pvn + 40 0 GPIN 716-695-5341 Richard 51 ' ET 5? 19416 F., �" D 30.33, q t �0. CHESTERFIELD COUNTY j BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: March 11, 2015 Item Number: 8.C.15. Subject: Authorization for Verizon to Apply for Conditional Use or Conditional Use Planned Development for a Cell Tower and Equipment Shed at Dutch Gap Fire and EMS Station 14 County Administrator's Comments: County Administrator: DIU Authorize Verizon to apply for conditional use or conditional use planned development for a cell tower and equipment shed at Dutch Gap Fire and EMS Station 14. Summary of Information: Verizon has requested authorization to apply for conditional use or conditional use planned development for a cell tower and equipment shed at Dutch Gap Fire and EMS Station 14. Since the proposed facilities will be located on county property, the Board must authorize the application submittal prior to filing. If the zoning is approved, leasing the property will require approval by the Board at a Public Hearing. The Fire Department supports this request. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Real Propertyger Attachments:EYes 1 No 60.41287 ur"0288 7269 `y 12305 ,y 6955 t 1230149 4 1l 12311 N it 1253 12300 Z 0642 331 74 N 7132 6 S/ 12321 123 N3 2444 �O 7423 12341 12300 i� 94 s»7 iP 2710 Z 2809 12312 8209 3409 W 12401 2900 8601 ' 9. 2700 2698 2720 �N�pRB 01�.• 3487 12420 8787 12421 as7s evil H(�N�RE�. 2530 8970 2709 RD:1,� 31 GAP NUlt/pRED+0.� M DUTCH FIRE AND EMS STATION 14 16 S . 2622 1 Vl 0140 2901 4847 p 2611 O _ . 7039 12500 u LL 117 . 7016 12530 0496 12700 . 7689 12540 ur"0288 CHESTERFIELD COUNTY CBOARD OF SUPERVISORS Page 1 of 1 --y AGENDA Meeting Date: March 11, 2015 Item Number: 8.C.16. Subject: Request to Quitclaim Portions of Two Variable Width Drainage Easements (Public) and Two Variable Width Water Easements Across the Property of The Laurels of Bon Air, LLC County Administrator's Comments: County Administrator: Authorize the Chairman Administrator to execute a width drainage easements across the property of The Summary of Information: of the Board of Supervisors and the County quitclaim deed to vacate portions of two variable (Public) and two variable width water easements Laurels of Bon Air, LLC. The Laurels of Bon Air, LLC have requested the vacation of portions of two variable width drainage easements (Public) and two variable width water easements across its property as shown on the attached plats for the development of The Laurels of Bon Air Expansion. This request has been reviewed by Environmental Engineering and the Utilities Department. New easements will be dedicated. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes F-1 No # 0-00289 VICINITY SKETCH Request to Quitclaim Portions of two Variable Width Drainage Easements (Public) and two Variable Width Water Easements Across the Property of The Laurels of Bon Air, LLC VariakAe Width Waterline, AW I �r N Chesterfield County Depeftment of Utiffies W*P S J:tC20t 41014 )2p 1l of DAAW W M $88 & a ti� .q �Uyyv\T 1p n ro L I `vR y Z �o°aOp 'o-�amG� � '"`tq� yb o�v,o��{�, ~G, �CC°ti f �Oa`a oo�' �pT�m�i t� %�'.`� tivy'Y_:mi�`�I . /��'•� ^ �� —��i_ \\�€(e� _i2^a�_�s'7xg_iIIiI ^�— � i II1jI1i� �ACiIT� Ma�iP�hIIIII v;�s�§��/ • - " ��IIIII .�/ / tS/r"NN•/ �/�/•.`�.--S��ac��__�Si!.�)G1�� 9i_,i778—'_97/�w '[ —_6 �I—L,9�;f_9ly�yTc_f'1 Btda',`t2pa9OS Ipp4j . I I`oyy�� II �I1 •Aa3 `IIJII 1 fd 1IV •q8Q 8 '81 011111 It �d), StTtWO$4 All' zr"o � I —---- Zz�leI pj V9zy --------- 02 Z1 J7 117 10'4UV 22154' it st—, ypS tit CO 1n 00 3 ECOMPILED PIAT SHOWNG A W DRAINAGE SEMoSO ENT AND VACATION OF A PORTION OF TWO 8DRAINAGE EASEMENTSr MIDLOTHIAN DISTRICT CHESTERFIELD COUNTY, VIRGINIA $ g �� h k �:�czo�mc�mozza.ai leutNs o: eon ar E*mnaansu�vrrurrx coria -v. wnrEaurvE ens_�+�rvr.a g�v�Q1�.�� nnnn nnnnnnr ti `wmvarnac;4Nw^,�o6G�aGwCG um g b 22 �Sapo.b r,.yp. Aptaqrq`t�(��vm}y`?EAioeqW�q13� 4-1 rn Nrn2NHN i`ID �`I ?�_ Q.. �rV� ohm V; vs4K5 b 4 �. H0 gym• Uw a NN � n N�o `O ci i t I/ I �mwiS I ti� . � Z5J,gy' 1 n m r2j 2 i r(is Ise R o o +a s k F4 u a ti= oy°n �6'`S4'i� �Yd�9j�SiI e 3 r A------------ /fi} ,f5Zo1 A4Rking15 I � � i '•64 i5 I{ 1 'Ir I �� / 0. ZZ o� O I f 14 i �IpWOyZ I jIu `� pp I I4� j u.sr Aknor azs � ►�! 8 � -- � 3 (rn1 (sal szo7o�rw ,ru55' ro �r7 u7 v -tp��,ta' x�' `� ��'' �• ^�1t yea 4f `� i a• m ...x571 i Fz h co 9K o co wz a c \ m � i I j I 1 �� •g'd) I4 YT�� ono P COMPILED PLAT SHOWING A 16' WATERLINE moo€ O N EASEMENT AND VACATION OF, PORTION OF o a TWO WATERLINE EASEMENTS >u sY aa8igV` b 1 Q r MIDLOTHIAN DISTRICT S k; $4a 8SP w z m CHESTERFIELD COUNTY, VIRGINIA Meeting Date: March 11, 2015 Item Number: 8.C.17.a. Subject: Approval of the Purchase of Parcels of Land for Fire and Emergency Medical Services Station 5 Replacement Site County Administrator's Comments: County Administrator: Board Action Requested: Approve the purchase of parcels of land from Michael T. Barr, Donald J. Balzer, Jr., George W. Whitlow and Wendy A. Whitlow; and David I. Vincent, Jr. and Margaret J. Vincent for Fire and Emergency Medical Services Station 5 Replacement Site, and authorize the County Administrator to execute the sales contracts and deeds. Summary of Information: Staff requests that the Board of Supervisors approve the purchase of the following parcels of land for Fire and Emergency Medical Services Station 5 Replacement Site: PINS: 726 708 9676 00000 and 726 709 9900 00000, 13912 and 13910 Winterfield Lane, containing 1.746 acres, more or less, from Michael T. Barr, Donald J. Balzer, Jr., George W. Whitlow and Wendy A. Whitlow for $150,000 per acre if closed by June 11, 2015. If closing does not occur by June 11, 2015, the purchase price shall increase by 0.01644 percent per day through June 26, 2015. If closing does not occur by June 26, 2015, then the purchase price shall be $300,000. If closing does not occur by July 29, 2015, then the contract may be terminated by Seller. Closing costs are estimated to be $5,000. District: Midlothian Preparer: John W. Harmon Title: Real Property Manager Preparer: Allan M. Carmody Title: Director, Budget & Management Attachments: 0 Yes F-1 No #000293 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 AGENDA Meeting Date: March 11, 2015 Item Number: 8.C.17.a. Subject: Approval of the Purchase of Parcels of Land for Fire and Emergency Medical Services Station 5 Replacement Site County Administrator's Comments: County Administrator: Board Action Requested: Approve the purchase of parcels of land from Michael T. Barr, Donald J. Balzer, Jr., George W. Whitlow and Wendy A. Whitlow; and David I. Vincent, Jr. and Margaret J. Vincent for Fire and Emergency Medical Services Station 5 Replacement Site, and authorize the County Administrator to execute the sales contracts and deeds. Summary of Information: Staff requests that the Board of Supervisors approve the purchase of the following parcels of land for Fire and Emergency Medical Services Station 5 Replacement Site: PINS: 726 708 9676 00000 and 726 709 9900 00000, 13912 and 13910 Winterfield Lane, containing 1.746 acres, more or less, from Michael T. Barr, Donald J. Balzer, Jr., George W. Whitlow and Wendy A. Whitlow for $150,000 per acre if closed by June 11, 2015. If closing does not occur by June 11, 2015, the purchase price shall increase by 0.01644 percent per day through June 26, 2015. If closing does not occur by June 26, 2015, then the purchase price shall be $300,000. If closing does not occur by July 29, 2015, then the contract may be terminated by Seller. Closing costs are estimated to be $5,000. District: Midlothian Preparer: John W. Harmon Title: Real Property Manager Preparer: Allan M. Carmody Title: Director, Budget & Management Attachments: 0 Yes F-1 No #000293 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA PINS: 727 708 0670 00000, 727 708 1490 00000 and 727 708 2492 00000, 13906 and 13900 Winterfield Lane, and 13880 Midlothian Turnpike, containing 2.252 acres, more or less, from David I. Vincent, Jr. and Margaret J. Vincent for $150,000 per acre if closed by June 11, 2015. If closing does not occur by June 11, 2015, the purchase price shall increase by 0.01644 percent per day through June 26, 2015. If closing does not occur by June 26, 2015, then the purchase price shall be $171,821 per acre. If closing does not occur by July 29, 2015, then the contract may be terminated by Seller. Closing costs are estimated to be $5,000. This site has been through the site selection process and identified as the best replacement site for the station and conforms to the 2012 Comprehensive Plan. A substantial accord determination of the site has not been made and conditional use will be required to construct the station. The contracts are subject to appraisals, acceptable title, Phase 1 ESAs, soil, wetland and other studies. The Fire Department has funds available for the purchase. Approval is recommended. 029 VICINITY SKETCH Approval of the Purchase of Parcels of Land for Fire and Emergency Medical Services Station 5 Replacement Site Chesterfield County Right ofWay Office w E R2bruary25, 2015 I Man - 46S.22 TI 0 Uj ry 0 10 0 2 Approval of the Purchase of Parcels of Land for Fire and Emergency Medical Services D Station 5 Replacement Site S A M SQ G) 0 0 'CL X Nt 0 TR/ 2.S Chesterfield County Right ofWay Office w E R2bruary25, 2015 I Man - 46S.22 Fire and Emergency Medical Services Station 5 Replacement Site Barr et. als 726 708 9676, 72',6 709 9900 1.746:Acres +./- Vi n ce nt. 727 708 0670 727 708 1490 727 708 2492 2.252 Acres +/- L0 larloth 16117 Pike -0 0 Q Chesterfield County Right of Way Office - AWN& February 25, 2015 i hvn - M.W tel i CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: March 11, 2015 Item Number: 8.C.17.b. Subiect: Approval of the Purchase of a Parcel of Land for Fire and Emergency Medical Services Station 5 Replacement Site County Administrator's Comments: County Administrator: Board Action Reques Approve the purchase of a parcel of land from Larry L. Denison and Lois S. Denison for Fire and Emergency Medical Services Station 5 Replacement Site, and authorize the County Administrator to execute the sales contract and deed. Summary of Information: Staff requests that the Board of Supervisors approve the purchase of the following parcel of land for Fire and Emergency Medical Services Station 5 Replacement Site: PIN: 726 708 7575 00000 (portion), 13921 Winterfield Lane, containing 0.21 acres, more or less, from Larry L. Denison and Lois S. Denison for $475,000 per acre. If closing does not occur by July 29, 2015, then the contract may be terminated by Seller. Closing costs are estimated to be $4,200. This site has been through the site selection process and identified as the best replacement site for the station and conforms to the 2012 Comprehensive Plan. A substantial accord determination of the site has not been made and conditional use will be required to construct the station. The contract is subject to an appraisal, acceptable title, Phase 1 ESA, soil, wetland and other studies. The Fire Department has funds available for the purchase. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Real Propertyger Preparer: Allan M. Carmody Title: Director, Budget & Managment Attachments: 0 Yes F-1No VICINITY SKETCH Approval of the Purchase of a Parcel of Land for Fire and Emergency Medical Services Station 5 Replacement Site 01 01 Approval of the Purchase of a Parcel of Land << S for Fire and Emergency Medical Services A Station 5 Replacement Site SQ .--. 1 11 44(3 rn G) 0 lop— C 0 IN cr 1 0 10 X TRS S 2.S N Chesterfield County Right ofWay Office w -* E February 25,2015 1 S i ham - 466.ZZ 12et 0,00298 Fire and Emergency Medical Services, Station 5 Replacement Site e Denison 726 708 7575 (portion) 0-21 Acres +I- N —A— Chesterfield County Right. of Way Office * rz February 25, 2015 1 i58, S6 te 9 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 a AGENDA Meeting Date: March 11, 2015 Item Number: 8.C.18. Subiect: Approval of Water and Sewer Contract for Windermere Section C, Contract Number 10-0036 Countv Administrator's Comments: County Administrator: Board Action Requested: t� Staff recommends that the Board of Supervisors approve this contract and authorize the County Administrator to execute any necessary documents. Summary of Information: This Project includes 2,224 linear feet of 12 -inch oversized waterline and 926 linear feet of 12 -inch oversized wastewater line. The developer is required to have 8 -inch water and wastewater lines to serve the development. Staff has requested that the water and wastewater lines be oversized to provide service to adjoining properties. In accordance with the ordinance, the Developer is entitled to refunds for the construction cost of the oversized improvements. Developer: Windermere Development Company Contractor: Piedmont Construction Company Incorporated Location: Contract Amount: Estimated Estimated Estimated Estimated Estimated District: 5351 Beulah Road County Cost for Oversizing County Cost for Oversizing Developer Cost (Water) .... Developer Cost (Wastewater) Total Cost ................ Dale (Water) ........$ 60,267.00 (Wastewater) ...$ 5,556.00 ...............$ 184,972.20 ...............$ 145,833.49 ...............$ 396,628.69 Preparer: George B. Haves, P.E. Title: Director of Utilities Preparer: Allan M. Carmody Title:Director, Budget and Management Attachments: 0 Yes F-1 No .0000 MCINITY SKETCH Windermere Section C County Project # 10-0036 eU Vi ROAD S7. 7F r 541 PROPOSED 12" OVERSIZING WATER COUNTY PROJECT #10-0036 PROPOSED 12" OVERSIZfNG SEWER U NTY PROJE CT # 10-0036 , 7--., - Chesterfield County E Department of Utilities CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 L C' ;sa AGENDA Meeting Date: March 11, 2015 Item Number: 8.C.19. Subiect: Award of Construction Contract for County Project #07-0425, Upper Swift Creek Pump Station Modifications County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to award the construction contract to MEB General Contractors, Inc., in the amount of $2,609,916 and authorize the County Administrator to execute the necessary documents. Summary of Information: This project consists of the rehabilitation of the Upper Swift Creek Pump Station including the replacement of the existing pumping, electrical and control systems. Staff received a total of eight bids, the lowest bid being from MEB General Contractors, Inc., in the amount of $2,609,916. The bids ranged from $2,609,916 to $3,282,000. The County's Engineering Consultant, Whitman, Requardt & Associates, LLP, has evaluated the bids and recommends award of the contract to MEB General Contractors, Inc., the lowest responsive bidder. Funds for this project are available in the current CIP. District: Clover Hill Preparer: George B. Hayes , P.E. Preparer: Allan M. Carmody Attachments: 7 Yes Title: Director of Utilities Title: Director, Budget and Management 0 No CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 7a AGENDA Meeting Date: March 11, 2015 Item Number: 8.C.20.a. Subiect: Request for an Entertainment Festival Permit for Reithoffer Shows, Inc. to Conduct a Carnival at the Jefferson Davis Flea Market on April 16 through April 26, 2015 County Administrator's Comments: County Administrator: _ Board Action Requested: The Board of Supervisors is requested to consider the request of Reithoffer Shows, Inc., for an entertainment festival permit to conduct a carnival at the Jefferson Davis Flea Market on April 16 through April 26, 2015. If the Board grants the request, staff recommends that it be granted subject to the attached conditions. Summary of Information: Reithoffer Shows, Inc. proposes to conduct an outdoor carnival on Thursday, April 16 through Sunday, April 26, 2015 at the Jefferson Davis Flea Market at 5700 Jefferson Davis Highway. Reithoffer is an experienced carnival operator that has conducted numerous shows on the east coast, including several in Chesterfield. The sponsor for this event is Helping Hands and Healing Hearts Food Pantry, House of Prayer. The event, which will include rides, food, outdoor games, and entertainment, is proposed to be staged in the parking lot located at 5700 Jefferson Davis Highway. Hours of operation will be from 5:00 p.m. to 10:00 p.m. Mondays through Thursdays; 5:00 p.m. to 11:00 p.m'. Fridays; 12:00 p.m. to 11:00 p.m. Saturdays; 12:30 p.m. to 11:00 p.m. Sundays. Preparer: Jeffrey L. Mincks Attachments: 0 Yes FINo Title: County Attorney 0505:93953.1 9 000303 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA There will be a minimal gate fee to the carnival, and entrants will be required to purchase tickets at the cost of $20 per sheet in order to ride the amusement rides. It is estimated that over the 11 days of operation approximately 4,000 people will attend the carnival. Food and beverages will be provided by Reithoffer Shows, Inc. The entertainment arrangements have been reviewed by the County Attorney's Office and are adequate to meet the requirements for obtaining a permit provided that the sponsor complies with the attached conditions, which address proper crowd control, medical care, sanitation, and other needs. These are the same conditions which have been imposed on other carnivals in the County. 0505:93953.1 EM CONDITIONS FOR ISSUING PERMIT TO REITHOFFER SHOWS, INC. 1. Permit holder shall hire off duty Chesterfield County police officers to provide traffic and crowd control during all hours of Carnival operation, as follows: April 16, 2015 (Thursday) April 17, 2015 (Friday) April 18, 2015 (Saturday) April 19, 2015 (Sunday) April 20, 2015 (Monday) April 21, 2015 (Tuesday) April 22, 2015 (Wednesday) April 23, 2015 (Thursday) April 23, 2015 (Friday) April 25, 2015 (Saturday) April 26, 2015 (Sunday) - Hours: 5:00 pm — 10:00 pm (3 officers) - Hours: 5:00 pm — 11:00 pm (3 officers) - Hours: 12:00 am — 11:00 pm (3 officers) - Hours: 12:30 pm — 11:00 pm (3 officers) - Hours: 5:00 pm —10:00 pm (3 officers) - Hours: 5:00 pm — 10:00 pm (3 officers) - Hours: 5:00 pm —10:00 pm (3 officers) - Hours: 5:00 pm —10:00 pm (3 officers) - Hours: 5:00 pm —11:00 pm (3 officers) - Hours: 12:00 am — 11:00 pm (3 officers) - Hours: 12:00 pm — 8:00 pm (3 officers) 2. Permit holder shall maintain a First Aid station, with at least one certified Emergency Medical Technician on duty during all times of Carnival operation. 3. Prior to the Carnival, the permit holder shall provide the Fire Marshal with a site plan showing the means of emergency access to the premises where the Carnival is being conducted. 4. No food vendor shall sell or give away any food unless a permit for food vending has been issued by the Chesterfield Health Department. 5. Permit holder shall provide the Risk Manager with a Certificate of Insurance, in a form approved by the Risk Manager and County Attorney, as follows: a. Permit holder must provide a certificate of insurance with a minimum Commercial General Limit of $1,000,000 per occurrence for General Liability and $1,000,000 per occurrence for Automobile Liability. b. Permit holder must provide the Risk Manager with a complete list of all vendors who will work at the Carnival. Each vendor must provide a certificate of insurance with a minimum Commercial General Limit of $1,000,000 per occurrence and $2,000,000 general aggregate. C. The insurance required by this provision must be provided before the permit holder or any vendor will be allowed to begin set-up for the event. 6. No carnival ride shall be operated unless a permit for its operation has been issued by the Building Official. All permit applications have been completed. 7. No food vendor shall sell any food unless a permit for food vending has been issued by the Health Department. All permit applications have been completed. 8. Permit holder will comply with all County noise ordinances and with all conditions imposed by County employees and representatives to minimize the impact of noise on neighborhoods in the vicinity of the Carnival. 9. There shall be no one working at the carnival, whether for the permit holder, for a vendor, or for any other entity providing goods or services, who is a convicted sex offender. Permit holder shall provide the County Police Department with the names and sufficient identifying information for all individuals working at the Carnival, including individuals working for vendors, to allow the Police Department to perform a background check sufficient to assure compliance with this provision. No individual shall work at the Carnival until or unless that person's name and identifying information has been provided to the Police Department. 10. Failure to comply with any of the above conditions will result in immediate and automatic revocation of the Music/Entertainment Festival Permit. 0505:93953.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 y AGENDA 1'!69 �SG Meeting Date: March 11, 2015 Item Number: 8.C.20.b. Subiect: Request for Music/Entertainment Festival Permit from the Chesterfield County Chamber of Commerce for the Celebration of the Vine Wine Festival to be Held April 11, 2015 County Administrator's Comments: County Administrator: .0 Board Action Requested: Staff recommends that the Board grant a music/entertainment Festival permit to the Chesterfield County Chamber of Commerce for the Celebration of the Vine Wine Festival to be held on April 11, 2015, from 11:00 a.m. to 6:00 p.m., subject to the attached conditions. Summary of Information: The Chesterfield County Chamber of Commerce ("Chamber") plans to hold the Celebration of the Vine Wine Festival on Saturday, April 11, 2015 from 11:00 a.m. until 6:00 p.m. The Festival is tentatively scheduled to be held on the grounds of Millworks at the Green on the corner of Coalfield Road and Woolridge Parkway in Midlothian. The County's property at Midlothian Library may also house a small portion of the Festival. The Festival, which is planned to be similar to the Chamber's six previous events at the Historical Courthouse and the 2014 edition of the event held at Millworks at the Green, will again feature representatives from Virginia wineries showcasing and selling their wines. The Festival will feature musical performances by a live band, as well as art, crafts, and food vendors. The Chamber is currently seeking business sponsors to offset some of the major costs including entertainment. Preparer: Jeffrey L. Mincks Title: County Attorney 0505:91662.1 Attachments: 0 Yes F-1 No # 000307i CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA The Festival anticipates about 4,000 people attending throughout the day. Tickets will be available both before the Festival and at the gate. The Chamber has made the following arrangements for the Festival: The Chamber will have a contractor provide portable bathroom facilities and is negotiating for on-site trash, recycling, and post -event clean-up and trash disposal for the Festival. Food vendors will provide food and beverages, including water, which will be provided free to all attendees and participants. All vendors will obtain the necessary food permits from the Health Department. The local Rescue Squad and Chesterfield Fire and EMS will be alerted of the event date and time and will be on call if medical care is needed. Parking will be available in the parking lots of John Tyler Community College and Midlothian High School. Shuttles will provide transportation from the lots to the Festival. Music played at the event will be played in such a manner that it will not constitute a nuisance to adjacent property owners. Off-duty police officers and sheriff's deputies are being employed to handle all security for the event. The Chamber carries a $2 million general liability insurance policy to insure against injury or damage. Chesterfield County is named as an additional insured on the policy. The music/entertainment arrangements have been reviewed by the County Attorney's Office and have been determined to meet the substantive requirements of the ordinance, provided that the Chamber complies with the attached recommended conditions. These arrangements provide adequate measures to insure public safety, fire prevention, medical protection, sanitation, traffic control, insurance coverage, relevant permits and security. The Board may require the Chamber to post a bond sufficient to cover the costs of clean-up after the Festival. Since a portion of the event will be on County property, staff recommends that the Chamber post a $1,500 bond. 4th CONDITIONS FOR APPROVAL OF ENTERTAINMENT PERMIT FOR 2015 "CELEBRATION OF THE VINE" WINE FESTIVAL 1. Permit holder shall supply a minimum of 24 portable toilets, at least 4 of which are handicap accessible, for use during the Festival. These portable facilities shall be placed in locations approved by the Chesterfield Building Official. 2. No food vendor shall cook any food inside a building or trailer unless an approved fire suppression system, which has been successfully inspected within the past six months, is available on site. 3. Permit holder shall provide the Risk Manager with a Certificate of Insurance, in a form approved by the Risk Manager and County Attorney and making the County additional insured with a minimum Commercial General Limit of $2,000,000 per occurrence. 4. Permit holder shall post a cash deposit or bond with the Risk Manager in the amount of $1,500.00 against damage to County property and to insure adequate clean-up of the County premises. 5. No food vendor shall sell any food unless a permit for food vending has been issued by the Health Department. All permit applications shall be filed no later than seven days before the Festival. 6. Permit holder shall comply with all County noise ordinances and with all conditions imposed by County employees and representatives to minimize the impact of noise on neighborhoods in the vicinity of the Festival. 7. Permit holder shall provide, at its expense, the following law enforcement officers to serve during all hours while the Festival is open: One police sergeant Six police officers Two motor assistance volunteers 8. The Fire Department does not require an on-site medical station or ambulance. However, if permit holder chooses to have such a station or ambulance present, as in the past, permit holder shall provide the station or ambulance at its expense. 9. Permit holder shall supply, at its expense, one bartender for the VIP tent who shall be on duty at all times during the Festival and who shall be certified by the Virginia ABC Board as an ABC manager. Up to two volunteers per shift may serve alcohol in the VIP tent provided that those volunteers complete training with the bartender in compliance with Festival rules, the Permit and ABC requirements. No persons shall serve alcoholic beverages in the VIP tent other than the bartender and the trained volunteers. Persons working at the Festival, including members and volunteers of the Chamber of Commerce, shall refrain from drinking any alcoholic beverage while on duty. J 10. The ABC permit for the event shall be obtained at least 21 days prior to the event, and a copy of it shall be provided to the County's Risk Manager at least 14 days prior to the Festival. The ABC permit shall be limited to the exact hours approved for the Festival by the Board of Supervisors. 11. There shall be no violations of the ABC permit. .12. No alcoholic beverage shall be served or consumed after the official closing time approved by the Board of Supervisors for the Festival has passed. 13. Booths shall limit all wine servings to sample sizes. 14. The permit holder and all vendors shall provide the County Risk Manager with copies of certificates of insurance at least fourteen days before the event. 15. No County vehicle shall be driven by anyone who is not a County employee. 16. All vendor tents shall be anchored or secured to the ground in a fashion acceptable to the County. 17. There shall be no dogs or other pets in the Festival area, except for service animals. 18.. The County shall have the right to cancel the Festival, or any portion of the Festival, if there is both a severe storm warning and actual inclement weather, including lightning in such proximity to the Festival area that it could cause a risk of bodily injury or fire, winds gusting up to 40 mph, hail, or rain in sufficient quantities to cause a flash flood warning. The event shall not be canceled for a storm of less than 30 minutes duration unless there is a flash flood warning, but it may be suspended for a storm of any duration if there is lightning in such proximity to the Festival area that continuing the Festival would cause risk of injury, death or fire. 19. Failure to comply with any of the aforementioned conditions shall be grounds for revoking the permit. The permit may be revoked by the County Administrator or his designee. 0505:93960.1 CHESTERFIELD COUNTY T� BOARD OF SUPERVISORS Page 1 of 2 m�ia9 AGENDA hkc'n� Meeting Date: March 11, 2015 Item Number: 8.C.20.c. Subiect: Request of Laurin C. Willis and SLAP Productions, LLC for an Entertainment Festival Permit to Conduct the Central Virginia Food Truck Rodeo at Chesterfield Towne Center on Sunday, April 26, 2015 County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to consider the request of Laurin C. Willis and SLAP Productions, LLC for an entertainment festival permit to conduct the Central Virginia Food Truck Rodeo at Chesterfield Towne Center on Sunday, April 26, 2015. If the Board grants the request, staff recommends it be granted subject to the attached conditions. Summary of Information: Laurin C. Willis and SLAP Productions, LLC plan to promote and sponsor the Central Virginia Food Truck Rodeo, an outdoor event to be held on Sunday, April 26, 2015 from 12:00 p.m. until 6:30 p.m. at Chesterfield Towne Center located at 11500 Midlothian Turnpike. Rouse Properties, Inc., owners of the property have provided written permission to use the property. The event is proposed to be staged in the Towne Center's rear parking lot located at Koger Center Boulevard and Mall Drive. The event will include 30- 35 central Virginia food trucks. Live music will be performed by Hotel California, Peoples Blues of Richmond, Rumbleseat Revival, and two local acts to be announced at a later time. The event will be free to the public. It is estimated that approximately 10,000 to 12,000 people will attend the event. The property is properly zoned for this use. Preparer: Jeffrey L. Mincks Title: County Attorney 0505:93905.1 Attachments: Yes F-1 No # C GI�3*11'1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA The entertainment arrangements have been reviewed by the County Attorney's Office and are adequate to meet the requirements for obtaining a permit provided that the sponsor complies with the attached conditions, which address proper crowd control, medical care, sanitation, and other needs. The promoter of this event successfully promoted a similar event at the same location last year. 0505:93905.1 CONDITIONS FOR ISSUING PERMIT TO LAURIN C. WILLIS AND SLAP PRODUCTIONS, LLC 1. Permit holder shall hire off duty Chesterfield County police officers to provide traffic and crowd control during all hours of the Central Virginia Food Truck Rodeo operation, as follows: April 26, 2015 (Sunday) - Hours: 12:00 pm — 6:30 pm (8 officers) 2. Permit holder shall maintain a First Aid station, with at least one certified Emergency Medical Technician on duty during all times of Event operation. 3. Prior to the Event, the permit holder shall provide the Fire Marshal with a site plan showing the means of emergency access to the premises where the Event is being conducted. 4. No food vendor shall sell or give away any food unless a permit for food vending has been issued by the Chesterfield Health Department. All permit applications have been completed. 5. Permit holder shall provide the Risk Manager with a Certificate of Insurance, in a form approved by the Risk Manager and County Attorney, as follows: a. Permit holder must provide a certificate of insurance with a minimum Commercial General Limit of $1,000,000 per occurrence for General Liability and $1,000,000 per occurrence for Automobile Liability. b. Permit holder must provide the Risk Manager with a complete list of all vendors who will work at the Carnival. Each vendor must provide a certificate of insurance with a minimum Commercial General Limit of $1,000,000 per occurrence and $2,000,000 general aggregate. C. The insurance required by this provision must be provided before the permit holder or any vendor will be allowed to begin set-up for the event. 6. Permit holder will comply with all County noise ordinances and with all conditions imposed by County employees and representatives to minimize the impact of noise on neighborhoods in the vicinity of the Carnival. 7. Failure to comply with any of the above conditions will result in immediate and automatic revocation of the Music/Entertainment Festival Permit. 0505:93905.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: March 11, 2015 Item Number: 8.C.21. Subject: Transfer $2,500 from the Clover Hill District Improvement Fund to the Parks and Recreation Department to Purchase and Install New Playground Equipment at Gordon Elementary School County Administrator's Com County Administrator: Board Action Requested: Transfer $2,500 from the Clover Hill District Improvement Fund to the Parks and Recreation Department to purchase and install new playground equipment at Gordon Elementary School. Summary of Information: Mr. Warren has requested the Board to transfer $2,500 from the Clover Hill District Improvement Fund to the Parks and Recreation Department to purchase and install new playground equipment at Gordon Elementary School. The Board is authorized to transfer funds to the Department of Parks and Recreation to improve the playground at Gordon Elementary School since this is a capital improvement to County property which will be used by the public. The purchase of the equipment must comply with the Virginia Public Procurement Act. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Allan M. Carmody Title: Director, Budget & Management 0425:93970.1 Attachments: ® Yes F-1 No 9 00314 CHESTERFIELD COUNTY NJ 1111111 �•• This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. 1. What is the name of the applicant (person or Carolyn Schallma organization) making this funding request? 2. If an organization is the applicant, what is the nature and purpose of the organization? Gordon PTA (Attach organization's most recent articles of incorporation and/or bylaws to application.) .. aSam �� NN 3. What is the amount of funding you are seeking? $5000.96- fZe sp- Culp, ..� o- . Iffstan K � .,s 4. Describe in detail the funding request and how New Playground Structure the money, if approved, will be spent. �¢ NOW tt3% vim^.._ wF..3 S ,..,"MMIN S. Is any Chesterfield County Department involved in the project, event or program for which you are seeking funds? No Provide name of other department r I'M IN 211 q 6. If this request for funding will not fully fund your activity or program, what other individual or organization will provide the remainder of Gordon PTA Fundraising the funding? 7. If the applicant is an organization, answer the following Is the organization a corporation No - corporation Is the organization non-profit? Yes -non-profit 003is |sthe organization t@»-exennpt7 8.Applicant information: Mailing Address Telephone Number Fax Number E -Mail Address Yes - tax-exempt 217O2Gordon School Road North Chesterfield, VA 23236 - address BD4.37&2420-phone 804.379.2983 -fox rosemary harris@ccpsnet.net - email SkznatureoftheappUcant—|fyouaredgningon behalf wfanorganization Voumust bethe CorohmScha/lno president, vice-presi68nt,chairman/director orNome nFApplicant vice-chairman, � If signing on behalf of organization Rosemary Harris -printed name 313115- date For Internal Use ~_ Date Received: - District: Nouu' Form: Updated 13 00. 03J.6 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: March 11, 2015 Item Number: 8.0.22. Subiect: Initiate an Application for a Conditional Use to Permit a Fire Station, Located at 6600 Otterdale Road County Administrator's Comments: County Administrator: Initiate an application for a conditional use to permit a fire station on 5.7 acres, identified as 6600 Otterdale Road (Tax ID 708-674-0623), in an Agricultural (A) District, and appoint James E. Fitch, III, Battalion Chief, as agent for the Board of Supervisors for the purpose of this application and waive disclosure requirements. Summary of Information: Mr. Elswick is requesting that the Board initiate an application for a conditional use to permit the construction of a new fire station. Construction of a new Fire and EMS facility in the vicinity of Otterdale and Woolridge Roads is designated as a first priority facility in the Chesterfield. Comprehensive Plan. The subject property is located on the west line of Otterdale Road, north of Woolridge Road. Preparer: Kirkland A. Turner Attachments: 0 Yes F-1No Title: Director of Planni LO U N U 1000 .. Y ONI \ tl dIHSNOIdWtlHO io w `7 C:) LL 0 CD M ON 0 LL li W U1 Q 0 0 W N C) o O 4 M aCD00 o� � �o� o r vi w 2 z�� Q H Q � io w `7 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 AGENDA Meeting Date: March 11, 2015 Item Number: s.A. Subiect: Developer Water and Sewer Contracts County Administrator's Comments: County Administrator: The Board of Supervisors has authorized the County Administrator to execute water and/or sewer contracts between County and Developer where there are no County funds involved. The report is submitted to Board members as information. Summary of Information: The following water and sewer contracts were executed by the County Administrator: 1. Contract Number: 13-0133 Project Name: 13515 Lawing Drive Location: 13515 Lawing Drive Developer: Deborah R. Hughes Contractor: Perkinson Construction Company Contract Amount: Water Improvements - District: Bermuda Preparer: Michael A. Nannery, P. E. Attachments: 7 Yes No $ 15,472.00 Title: Assistant Director of Utilities #C, ()031 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (Continued) 2. Contract Number: 14-0149 Project Name: Haley Chevrolet Location: 12400 Tennessee Plaza Developer: 360 Toyota LLC Contractor: Godsey and Son Incorporated Contract Amount: Water Improvements - $ 53,533.00 Wastewater Improvements - $ 8,615.00 District: Clover Hill 3. Contract Number: 14-0193 Project Name: Bermuda Square Phase 2 Location: 12601 Jefferson Davis Highway Developer: DDR Bermuda Square LLC Contractor: RMM Enterprises Inc. Contract Amount: Water Improvements - $ 62,250.00 Wastewater Improvements - $ 52,000.00 District: Bermuda _ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 . AGENDA a Meeting Date: March 11, 2015 Item Number: 9.8. Subiect: Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds, and Lease Purchases County Administrator's Comments: County Administrator: Board Action Requested: Acceptance of attached report. Summary of Information: Preparer: James J. L. Stegmaier Title: County Administrator Attachments: ® Yes 17 No # CHESTERFIELD COUNTY GENERAL FUND BALANCE Budgeted Ending Balances March 11, 2015 % of General Fund Fiscal Year Budgeted Expenditures 2010 $53,495,000 8.1% 2011 $53,495,000 8.3% 2012 $53,495,000 8.2% 2013 $53,495,000 8.0% 2014 $55,000,000 8.1% *Effective FY2012, the Board of Supervisors adopted a change to the financial policy ratio to raise the targeted fund balance level from 7.5 percent to 8.0 percent CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS March 11, 2015 Board Meeting Date Description Amount Balance 4/10/2013 FY2014 Capital Projects (14,695,500) 5,980,897 FOR FISCAL YEAR 2013 BEGINNING JULY 1, 2012 Additional funding for Bon Air Library renovation project (43,000) 3/28/2012 FY2013 Budget Addition 13,905,000 17,394,080 3/28/2012 FY2013 Capital Projects (13,199,300) 4,194,780 1/22/2013 Return funds from completed projects 368,699 4,563,479 3/15/2013 Return funds from completed projects 171,301 4,734,780 6/19/2013 Return funds from completed projects 8,358 4,743,137 6/30/2013 Return funds from completed projects 343,260 5,086,397 FOR FISCAL YEAR 2014 BEGINNING JULY 1, 2013 4/10/2013 FY2014 Budget Addition 15,590,000 20,676,397 4/10/2013 FY2014 Capital Projects (14,695,500) 5,980,897 10/23/2013 Additional funding for Bon Air Library renovation project (43,000) 5,937,897 FOR FISCAL YEAR 2015 BEGINNING JULY 1, 2014 4/23/2014 FY2015 Budget Addition 23,885,400 29,823,297 4/23/2015 FY2015 Capital Projects (21,529,100) 8,294,197 Additional funding for renovations to the Police building and 8/27/2014 adjoining lobby area (1,000,000) 7,294,197 c (D' �421 CHESTERFIELD COUNTY DISTRICT IMPROVEMENT FUNDS March 11, 2015 Maximum Balance Carry Over Pending from FY2015 Funds Used Items on Board District Prior Years* Appropriation Year to Date 3/11 Agenda Approval Bermuda $30,222 $33,500 $15,535 $0 $48,187 Clover Hill 37,500 33,500 23,616 2,500 44,884 Dale 37,500 33,500 2,590 0 68,410 Matoaca 37,500 33,500 25,415 4,636 40,949 Midlothian 37,500 33,500 0 0 71,000 County Wide 0 0 0 0 0 *Pending audit results. U,CG3 2 Date Began 04/99 03/03 03/04 10/04 12/04 05/05 05/06 08/07 06/12 SCHEDULE OF CAPITALIZED LEASE PURCHASES APPROVED AND EXECUTED Original Description Amount Public Facility Lease — Juvenile Courts Project $ 16,100,000 (Refinanced 10/10) Certificates of Participation* — Building Construction, Expansion and Renovation Certificates of Participation* — Building Construction, Expansion and Renovation; Acquisition/Installation of Systems Cloverleaf Mall Redevelopment Project Energy Improvements at County Facilities Certificates of Participation* — Building Acquisition, Construction, Installation, Furnishing and Equipping; Acquisition/Installation of Systems Certificates of Participation* — Building Acquisition, Construction, Installation, Furnishing and Equipping; Acquisition/Installation of Systems Certificates of Participation — Building Expansion/Renovation, Equipment Acquisition Certificates of Participation Refunding — Building Acquisition, Construction, Expansion, Renovation, Installation, Furnishing and Equipping; Acquisition/Installation of Systems; Equipment Acquisition *Partially Refinanced 06/12 TOTAL APPROVED AND EXECUTED PENDING EXECUTION Description None 6,100,000 21,970,000 16,596,199 1,519,567 14,495,000 11,960,000 22,220,000 19,755,000 130,715,766 Prepared by Accounting Department February 28, 2015 Outstanding Date Balance Ends 2/28/2015 01/20 $ 4,110,000 11/23 310,000 11/15 350,000 12/15 13,142,494 12/17 500,563 11/24 1,960,000 11/24 4,315,000 11/27 14,050,000 11/24 18,535,000 57,273,057 Approved Amount 0'o P,�a CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: March 11, 2015 Item Number: 9.C. Subject: Report on Roads Accepted into the State Secondary System County Administrator's Comments: County Administrator: Board Action Requested: Acceptance of attached report. Summary of Information: Preparer: Janice Blakley Title: Clerk to the Board Attachments: 0 Yes 1:1 No # Report of changes to the.highway system of County of Chesterfield County Report Period: 12/01/2014 through 12/31/2014 This document reports changes in the locality's VDOT maintained secondary system of state highways for the report period. Developer bonds held pending VDOT's acceptance of streets reported here may be released in accordance with the local ordinance. 7746 Ashton Village Court 44 0.09 6/25/2014 12/5/2014 Termini: From: Ashton Village Lane,(Rt. 7745) To: Cul -de -Sac 7745 Ashton Village Lane 44 0.11 6/25/2014 12/5/2014 Termini: From: Charter Park Drive,(Rt. 7354) To: Ashton Village Court,(Rt. 7746) Project: Branders Creek Drive - River Forest Villas Type Change: Addition 5909 Branders Creek Drive 90 0.27 6/25/2014 12/12/2014 Termini: From: South Chalkley Road, (Rt. 632) To: Rivington Drive, (Rt. 1570) Project: Carole Heights Type Change: Addition 5810 Heidi Terrace 40 FT 0.05 11/20/2013 12/5/2014 Termini: From: Heidi Dr., ( Rt. 5806) To: Cul-de-sac 5809 Heidi Turn 40 FT 0.05 11/20/2013 12/5/2014 Termini: From: Heidi Dr., ( Rt. 5806) To: Cul-de-sac 5808 Heidi Place 40 FT 0.07 11/20/2013 12/5/2014 Termini: From: Heidi Dr., ( Rt. 5806) To: Cul-de-sac 5810 Heidi Terrace 40 FT 0.03 11/20/2013 12/5/2014 Termini: From: Heidi Dr., ( Rt. 5806) To: Cul-de-sac Total Net Change in County's Mileage 6.21 For information regrading this report, contact VDOT's Residency Administrator or Central Office (Martin: Law(804) 786-0795) Page 2 of 118 Report of changes to the highway system of County of Chesterfield County Report Period: 12/01/2014 through 12/31/2014 This document reports changes in the locality's VDOT maintained secondary system of state highways for the report period. Developer bonds held pending VDOT's acceptance of streets reported here may be released in accordance with the local ordinance. Route Street Naine RW Width 00 Mileage Local Gov. Resolution VDOT Effective Date Project: Carole Heights Type Change: Addition 5807 Heidi Court 40 FT 0.11 11/20/2013 12/5/2014 Termini: From: Heidi Dr., ( Rt. 5806) To: Cul-de-sac 5806 Heidi Drive 40 FT 0.08 11/20/2013 12/5/2014 Termini: From: Heidi PI., ( Rt. 5808) To: Heidi Tr., ( Rt. 5810) 5806 Heidi Drive 50 Ft 0.08 11/20/2013 12/5/2014 Termini: From: Heidi Ct., ( Rt. 5807) To: Heidi PI., ( Rt. 5808) 5806 Heidi Drive 50 Ft 0.15 11/20/2013 12/5/2014 Termini: From: Stigall Dr., ( Rt. 759) To: Heidi Ct., ( Rt. 5807) Project: Carole Heights Sec 3 Type Change: Addition 7743 Heidi Mews 40 0.05 3/26/2014 12/8/2014 Termini: From: Heidi Drive,(Rt. 5806) To: Cul de Sac Project: Crimson Crest Section I Type Change: Addition 7670 Nuttall Court 44 ft. 0.07 3/12/2014 12/1/2014 Termini: From: Rt. 7668 Ivory Bill Lane To: Cul-de-sac 7668 Ivory Bill Lane 50 ft. 0.11 3/12/2014 12/1/2014 Termini: From: Rt. 7670 Nuttall Court To: Rt. 7669 Ivory Bill Court 7668 Ivory Bill Lane 50 ft. 0.08 3/12/2014 12/1/2014 Termini: From: Rt. 7667 Crimson Crest Lane To: Rt. 7670 Nuttall Court Total Net Change in County's Mileage 6.21 For information regrading this report, contact VDOT's Residency Adininistrator or Central Office (Martin Law(804) 786-0795) x Page 3 of 118 Report of changes to the highway system of County of Chesterfield County Report Period: 12/01/2014 through 12/31/2014 This document reports changes in the locality's VDOT maintained secondary system of state highways for the report period. Developer bonds held pending VDOT's acceptance of streets reported here may be released in accordance with the local ordinance. 7672 Wryneck Court 44 ft. 0.11 3/12/2014 12/1/2014 Termini: From: Rt. 7667 Crimson Crest Lane To: West to cul-de-sac 7667 Crimson Crest Lane Var. 0.04 3/12/2014 12/1/2014 Termini: From: 0.04 Mi N. Rt. 626 Woodpecker Road To: Rt. 7672 Wryneck Court 7668 Ivory Bill Lane 50 ft. 0.01 3/12/2014 12/1/2014 Termini: From: Rt. 7669 Ivory Bill Court To: End of section/temp. turnaround 7669 Ivory Bill Court 44 ft. 0.01 3/12/2014 12/1/2014 Termini: From: Rt. 7668 Ivory Bill Lane To: End of Section/Temp. Turnaround 7667 Crimson Crest Lane 50 Ft. 0.04 3/12/2014 12/1/2014 Termini: From: Rt. 7668 Ivory Bill Lane To: Cul-de-sac 7667 Crimson Crest Lane 50 Ft. 0.20 3/12/2014 12/1/2014 Termini: From: Rt. 7672 Wryneck Court To: Rt. 7668 Ivory Bill Lane 7671 Ladderback Court 44 ft. 0.03 3/12/2014 12/1/2014 Termini: From: Rt. 7667 Crimson Crest Lane To: East to cul-de-sac Proiect: Greenbriar Woods Sec 3 Type Change: Addition 1167 Horseshoe Bend Drive 50' 0.05 5/23/2012 12/31/2014 Termini: From: Tosh Lane, (Rt. 7622) To: 0.5m W to Ex. Horseshoe Bend Drive (Rt 1167) Total Net Change in County's Mileage 6.21 For information regrading this report, contact VDOT's Residency Administrator or Central Office (Martin Law(804) 786-a0i U, r Page 4 of 118 Report of changes to the highway system of County of Chesterfield County Report Period: 12/07/2014 through 12/31/2014 This document reports changes in the locality's VDOT maintained secondary system of state highways for the report period. Developer bonds held pending VDOT's acceptance of streets reported here may be released in accordance with the local ordinance. Route Street Name RW Width Mileage Local Gov. VDOT Effective 00 Resolution Date Project: Greenbriar Woods Sec 3 Type Change: Addition 7622 Tosh Lane 50' 0.06 5/23/2012 12/31/2014 Termini: From: Currier Court, (Rt. 7623) To: 0.06m S to Ringle Way, (Rt. 7624) 7622 Tosh Lane 50' 0.08 5/23/2012 12/31/2014 Termini: From: Ringle Way, (Rt. 7624) To: 0.08m S to Horseshoe Bend Drive, (Rt 1167) 7623 Currier Court 50' 0.05 5/23/2012 12/31/2014 Termini: From: Tosh Lane, (Rt. 7622) To: Cul-de-sac 7622 Tosh Lane 50' 0.02 5/23/2012 12/31/2014 Termini: From: Horseshoe Bend Drive, (Rt 1167) To: End of Maintenance 7524 Ringle Way 50' 0.03 5/23/2012 12/31/2014 Termini: From: Tosh Lane, (Rt. 7622) To: Cul-de-sac 7622 Tosh Lane 50' 0.08 5/23/2012 12/31/2014 Termini: From: Overridge Drive,(Rt. 1199) To: 0.08m S to Currier Court (Rt. 7623) 1199 Overridge Drive 50' 0.07 5/23/2012 12/31/2014 Termini: From: Tosh Lane,(Rt. 7622) To: Cul-de-sac 1199 Overridge Drive 50' 0.06 5/23/2012 12/31/2014 Termini: From: 0.09m E of Cara Hill Lane,(Rt. 7037) To: Tosh Lane,(Rt. 7622) Project: Harpers Mill/Otterdale Rd Ph 1 Type Change: Addition 667 Otterdale Road 90 Total Net Change in County's Mileage 0.11 5/23/2012 12/12/2014 6.21 For information regrading this report, contact VDOT's Residency Administrator or Central Office (Martin Law(804) 786-0795) Page 5 of 118 Report of changes to the highway system of County of Chesterfield County Report Period: 12/01/2014 through 12/31/2014 This document reports changes in the locality's VDOT maintained secondary system of state highways for the report period. Developer bonds held pending VDOT's acceptance of streets reported here may be released in accordance with the local ordinance. 667 Otterdale Road 90 0.10 5/23/2012 12/12/2014 Termini: From: .17m S of Hampton Glen Ln., (Rt 5245) To: .27m S of Hampton Glen Ln., (Rt 5245) Project: Harro)Wate Meadows Sec. 3 Type Change: Addition 7536 Harrmeadow Lane 50' 0.23 3/28/2012 12/31/2014 Termini: From: 0.01 m W, Cougar Trail (Rt 1177) To: Cul-de-sac Project: LEC Apartments Type Change: Addition 7619 Skyline Ridge Drive Variable 0.04 5/23/2012 12/2/2014 Termini: From: Craig Rath Blvd., (Rt 5656) To: 0.04m S to Temporary End Proiect: Mawiolia Green. Section B Type Change: Addition 7616 Black Alder Drive 45' 0.07 4/25/2012 12/31/2014 Termini: From: Hosta Lane, (Rt 7615) To: Silk Oak Drive, (Rt 7 542) 7616 Black Alder Drive 45' 0.06 4/25/2012 12/31/2014 Termini: From: Lavender Lane, (Rt 7617) To: Hosta Lane, (Rt 7615) 7542 Silk Oak Drive 45 0.15 4/25/2012 12/31/2014 Termini: From: 0.02m S of Woolridge Road,(Rt 668) To: Black Alder Drive, (Rt 7616) 7614 Begonia Drive 70' 0.02 4/25/2012 12/31/2014 Termini: From: Championship Crossing, Rt. 7540 To: Temporary EOM Total Net Change in County's Mileage 6.21 For information regrading this report, contact VDOT's ResidencyAdministrator or Central Office (Martin Law(804) 786-0795) CCyfr Page 6 of 118 Report of changes to the highway system of County of Chesterfield County Report Period: 12/01/2014 through 12/31/2014 This document reports changes in the locality's VDOT maintained secondary system of state highways for the report period. Developer bonds held pending VDOT's acceptance of streets reported here may be released in accordance with the local ordinance. Route Street Name RW Width Mileage Local Gov. VDOT Effective 00 Resolution Date Project: Magnolia Green, Section B Type Change: Addition 7617 Lavender Lane 40' 0.03 4/25/2012 12/31/2014 Termini: From: Lavender Court, (Rt 7618) To: Cul-de-sac 7616 Black Alder Drive 45' 0.04 4/25/2012 12/31/2014 Termini: From: Silk Oak Drive, (Rt 7542) To: Cul-de-sac 7615 Hosta Lane 50' 0.05 4/25/2012 12/31/2014 Termini: From: Championship Crossing, (Rt 7540) To: Black Alder Drive, (Rt 7616) 7618 Lavender Court 40' 0.03 4/25/2012 12/31/2014 Termini: From: Lavender Lane, (Rt 7617) To: Cul-de-sac 7616 Black Alder Drive 45' 0.07 4/25/2012 12/31/2014 Termini: From: Cul-de-sac N To: Lavender Lane, (Rt 7617) 7615 Hosta Lane 45' 0.10 4/25/2012 12/31/2014 Termini: From: Black Alder Drive, (Rt 7616) To: Cul-de-sac 7617 Lavender Lane 40' 0.06 4/25/2012 12/31/2014 Termini: From: Black Alder Drive, (Rt 7616) To: Lavender Court, (Rt 7618) 7540 Championship Crossing 80ft 0.01 4/25/2012 12/31/2014 Termini: From: Intersection of Begonia Dr.,(Rt.7614) To: Temporary Cul-de-sac 7540 Championship Crossing 80ft 0.13 4/25/2012 12/31/2014 Termini: From: 0.04m S of Woolridge Road.,(Rt.668) To: Intersection of Begonia Dr.,(Rt.7614) Total Net Change in County's Mileage 6.21 For information regrading this report, contact VDOT's Residency Administrator or Central Office (Martin: Law(804) 786-0795) Page 7 of 118 Q Report of changes to the highway system of.- County f County of Chesterfield County Report Period: 12/01/2014 through 12/31/2014 This document reports changes in the locality's VDOT maintained secondary system of state highways for the report period. Developer bonds held pending VDOT's acceptance of streets reported here may be released in accordance with the local ordinance. Route Street Name RW Width Mileage Local Gov. VDOT Effective 00 Resolution Date Proiect: Meadotivville Landing Clubhouse Type Change: Addition 7741 Sinker Creek Drive 55 Ft. 0.01 3/26/2014 12/1/2014 Termini: From: North end of prop. 7638 T intersection To: South end of prop. 7741 stub 7740 Riverboat Drive 50 Ft. 0.01 3/26/2014 12/1/2014 Termini: From: Proposed 7638 Anchor Landing Drive To: End of prop. 7740 stub 7741 Sinker Creek Drive 55 Ft. 0.01 3/26/2014 12/1/2014 Termini: From: East end of prop. 7638, T intersection To: North end of prop. 7741 stub 7638 Anchor Landing Drive 55 Ft. 0.09 3/26/2014 12/1/2014 Termini: From: Proposed Rte. 7740 River Boat Dr. To: Proposed Rte. 7741 Sinker Creek Dr. 7638 Anchor Landing Drive 55 Ft. 0.04 3/26/2014 12/1/2014 Termini: From: Existing 7638 Anchor Landing Dr. and prop. 7739 Channel View Dr. To: Proposed Rte. 7740 River Boat Dr. 7739 Channel View Drive 50 Ft. 0.03 3/26/2014 12/1/2014 Termini: From: Exist. 7648 and prop. 7648 North To: end of prop. 7739 stub Proiect: Meadotivville Landing Sec 3 Type Change: Addition 7756 Channel View Terrace 50 0.11 3/26/2014 12/4/2014 Termini: From: Channel View Drive,(Rt. 7739) To: Cul de Sac 7756 Channel View Terrace 50 0.10 3/26/2014 12/4/2014 Termini: From: Channel View drive,(Rt. 7739) To: Cul de Sac 7741 Sinker Creek Drive 50 0.09 3/26/2014 12/4/2014 Termini: From: 0.01 m N Anchor Landing Drive,(Rt.7638) To: Channelmark Drive,(Rt. 7757) Total Net Change in County's Mileage 6.21 For information regrading this report, contact VDOT's Residency Administrator or Central Office (Martin Law(804) 786-0795) Page 8 of 118 U Q,U Report of changes to the highway system of County of Chesterfield County Report Period: 12/01/2014 through 12/31/2014 This document reports changes in the locality's VDOT maintained secondary system of state highways for the report period. Developer bonds held pending VDOT's acceptance of streets reported here may be released in accordance with the local ordinance. Roane Street Name RW Width Mileage Local Gov. VDOT Effective 00 Resolution Date Project: Meadotivville Landing Sec 3 Type Change: Addition 7739 Channel View Drive 50 0.12 3/26/2014 12/4/2014 Termini: From: 0.03m N of Riverboat Drive,(Rt. 7740) To: Channel View Terrace,(Rt. 7756) 7757 Channelmark Drive 50 0.01 3/26/2014 12/4/2014 Termini: From: Sinker Creek drive,(Rt. 7741) To: End of maintenance 7741 Sinker Creek Drive 50 0.12 3/26/2014 12/4/2014 Termini: From: Channelmark Drive,(Rt. 7757) To: Cul de Sac Project: Springridge at Swi t Creek Type Change: Addition 7619 Skyline Ridge Drive 55' 0.05 5/23/2012 12/2/2014 Termini: From: 0.04m S Craig Rath Blvd., (Rt 5656) To: 0.05m S to Diamond Ridge Drive (Rt 7621) 7621 Diamond Ridge Drive 50' 0.02 5/23/2012 12/2/2014 Termini: From: 0.20m W to Skyline Ridge Drive, (Rt 7619) To: 0.02m W to Temporary Dead End 7621 Diamond Ridge Drive 50' 0.20 5/23/2012 12/2/2014 Termini: From: Sapphire Drive, (Rt 7620) To: 0.20m W to Skyline Ridge Drive, (Rt 7619) 7620 Sapphire Drive 55' 0.03 5/23/2012 12/2/2014 Termini: From: 0.03m S to Diamond Ridge Drive, (Rt 7621) To: 0.03m S to cul-de-sac 7620 Sapphire Drive 55' 0.03 5/23/2012 12/2/2014 Termini: From: Craig Rath Blvd., (Rt 5656) To: 0.03m S to Diamond Ridge Drive, (Rt 7621) Total Net Change in County's Mileage 6.21 For information regrading this report, contact VDOT's Residency Administrator or Central Office (Martin Law(804) 786-A79 Page 9 of 118 Report of changes to the highway system of County of Chesterfield County Report Period: 12/01/2014 through 12/31/2014 This document reports changes in the locality's VDOT maintained secondary system of state highways for the report period. Developer bonds held pending VDOT's acceptance of streets reported here may be released in accordance with the local ordinance. 7613 East Stonepath Garden Drive 47 0.12 9/19/2012 12/9/2014 Termini: From: South Chalkley Road, (Rt 7050) To: Cul-de-sac Project: Stonebridge Gardens, Portion of Type Change: Addition 7050 South Chalkley Road 90 0.07 9/19/2012 12/9/2014 Termini: From: East Stonepath Garden Drive, (Rt 7613) To: 0.07m N of East Stonepath Garden Drive, (Rt 7613) Proiect: Westerleieh Sec 2 Type Change: Addition 7630 Kimmeridge Loop 140' 0.05 6/27/2012 12/9/2014 Termini: From: Kimmeridge Drive, (Rt 7628) To: 0.02m N to Kimmeridge Drive, (Rt 7628) 7628 Kimmeridge Drive 40' 0.03 6/27/2012 12/9/2014 Termini: From: Cabretta Drive, (Rt 7496) To: 0.03m N Kimmeridge Loop (Rt 7630) 7496 Cabretta Drive 50 0.07 6/27/2012 12/9/2014 Termini: From: 0.01 m W Winding Branch Road,(Rt 7499) To: Kimmeridge Drive, (Rt 7628) 7628 Kimmeridge Drive 50' 0.01 6/27/2012 12/9/2014 Termini: From: Cabretta Drive, (Rt. 7496) To: 0.01 m S to End of Maintenance 7496 Cabretta Drive 50 0.06 6/27/2012 12/9/2014 Termini: From: Kimmeridge Drive, (Rt 7628) To: 0.06m W to Crosswycke Drive, (Rt 7629) Total Net Change in County's Mileage 6.21 For information regrading this report, contact VDOT's Residency Administrator or Central Office (Martin Law(804) 786-0795) Page 10 of 118 0 a Report of changes to the highway system of County of Chesterfield County Report Period: 12/01/2014 through 12/31/2014 This document reports changes in the locality's VDOT maintained secondary system of state highways for the report period. Developer bonds held pending VDOT's acceptance of streets reported here may be released in accordance with the local ordinance. 7628 Kimmeridge Drive 40' 0.02 6/27/2012 12/9/2014 Termini: From: 0.03m N Cabretta Drive, (Rt 7496) To: 0.02m N to Kimmeridge Loop, (Rt 7630) 7629 Crosswycke Drive 50 0.07 6/27/2012 12/9/2014 Termini: From: 0.14m N of Cabretta Drive, (Rt 7496) To: End Of Maintenance 7629 Crosswycke Drive 50 0.14 6/27/2012 12/9/2014 Termini: From: Cabretta Drive, (Rt 7496) To: 0.14m N of Cabretta Drive, (Rt 7496) 7631 Kimmeridge Court 40 0.08 6/27/2012 12/9/2014 Termini: From: Kimmeridge Drive, (Rt 7628) To: 0.08m NE to Cul-de-sac 7628 Kimmeridge Drive 40' 0.07 6/27/2012 12/9/2014 Termini: From: Kimmeridge Court, (Rt 7631) To: 0.07 m N to Cul-de-sac ,'628 Kimmeridge Drive 40' 0.04 6/27/2012 12/9/2014 Termini: From: Kimmeridge Loop, (Rt 7630) To: Kimmeridge Court, (Rt 7631) Project: Woodland Pond 18 Type Change: Addition 7263 Brant Hallow Court 50 0.26 2/13/2008 12/2/2014 Termini: From: Rt. 3670 (Woodland Pond Pkwy) To: Cul-de-sac 7264 Shorecrest Court 50 0.22 2/13/2008 12/2/2014 Termini: From: Rt. 3670 (Woodland Pond Pkwy) To: Cul-de-sac Total Net Change in County's Mileage 6.21 For information regrading this report, contact VDOT's Residency Adininistrator or Central Office (Martin Law(804) 786-0795) C Go J4 Page 11 of 118 Report of changes to the highway system of County of Chesterfield County Report Period. 12/01/2014 through 12/31/2014 This document reports changes in the locality's VDOT maintained secondary system of state highways for the report period. Developer bonds held pending VDOT's acceptance of streets reported here may be released in accordance with the local ordinance. Route Street Name RW Width Mileage Local Gov. VDOT Effective 00 Resolution Date Project: Woodland Pond 18 Type Change: Addition Total Net Change in County's Mileage 6.21 For information regrading this report, contact VDOT's Residency Administrator or Central Office (Martin Law(804) 786-0795) Page 12 of 118 �RFIELD CpG� y� 1749 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: February 11, 2015 Item Number: 14.A. Subiect: Resolution Recognizing the Greater Richmond Multiple Myeloma Support Group for Their Efforts in Promoting Awareness of Multiple Myeloma County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: Mr. Warren requested that the Board of Supervisors recognize the efforts of the Greater Richmond Multiple Myeloma Support Group. Preparer: Janice Blakley Attachments: 0 Yes ❑ No Title: Clerk to the Board RECOGNIZING THE GREATER RICHMOND MULTIPLE MYELOMA SUPPORT GROUP FOR THEIR EFFORTS IN PROMITING AWARENESS OF MULTIPLE MYELOMA WHEREAS, for over four years, the Greater Richmond Multiple Myeloma Support Group has provided accurate information, advice, comfort and hope to people with multiple myeloma and their families; and WHEREAS, four Richmond -area residents founded the Greater Richmond Multiple Myeloma Support Group after identifying a need for increased support for multiple myeloma survivors and caregivers in the community; and WHEREAS, with assistance from the international Myeloma Foundation, the Greater Richmond Multiple Myeloma Support Group held its first meeting in January 2010 with 12 members; the organization has experienced a great deal of success and now has close to 40 members attending monthly meetings; and WHEREAS, the members of the Greater Richmond Multiple Myeloma Support Group often hear from expert speakers on relevant topics, such as clinical trials, new research and treatments, and caregiving; the group also offers mutual support and encouragement by sharing personal experiences; and WHEREAS, the Greater Richmond Multiple Myeloma Support Group strives to reach anyone in need, distributing flyers to local oncologists, hematologists and hospitals and placing announcements in local newspapers and magazines; and WHEREAS, multiple myeloma is the second largest blood cancer, affecting approximately 750,000 people worldwide; while there is no known cure, multiple myeloma is treatable, and advances in treatment are frequently being made; and WHEREAS, affirming the need for an ongoing discussion about the disease, the International Myeloma Foundation recognizes March as Myeloma Awareness Month. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 11th day of March 2015, publicly recognizes the Greater Richmond Multiple Myeloma Support Group and commends them for their work to better the lives of those coping with multiple myeloma. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to the members of the Greater Richmond Multiple Myeloma Support Group and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Q 3(a3b i7' sv may. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: March 11, 2015 Item Number: 14.113. Subject: Resolution Recognizing the 2015 Chesterfield Classics 50+ AA Softball Team as National and World Champions County Administrator's Comments: County Administrator: Board Action Requested: Mr. Elswick requests that the Board of Supervisors commend and recognize the Chesterfield Classics 50+ AA Softball team for its commitment and accomplishments including National and World Championships. Summary of Information: Under the guidance of Barbara Williams Harlow, Manager, along with Kathy Spence, Assistant, the team has participated in numerous tournaments earning opportunities to participate at the highest level of competition and most recently to emerge as Champions at the World Tournament of Champions held in Tampa, Florida during January 2015. Preparer: Michael S. Golden Attachments: ® Yes Title: Director Parks and Recreation No RECOGNIZING THE 2015 CHESTERFIELD CLASSICS 50+ AA SENIOR MEN'S TRAVEL SOFTBALL TEAM WHEREAS, the senior men's travel softball team, known as the Chesterfield Classics was formed by Allen Harlow in the Spring of 2011 and was originally managed by Clarence Williams; and WHEREAS, the objective of the Chesterfield Virginia Senior Softball Organization (CVSSO) is to promote the health, physical activity, good sportsmanship, and community camaraderie of senior individuals through fostering national and/or international amateur sports competition; and WHEREAS, on April 7, 2012, the Chesterfield Classics participated in their first charitable tournament; and WHEREAS, the Chesterfield Classics are managed by Barbara Williams Harlow, the only female known to manage a senior men's travel softball team; and WHEREAS, the first competitive tournament played by the Chesterfield Classics was held in May 2012 in North Carolina for the Senior Softball USA Raleigh National; and WHEREAS, the Chesterfield Classics' accomplishments include winning 3rd place in the 5th Annual International Senior Softball Association (LSSA) Winter National in Virginia Beach; and winning the 6th Annual ISSA Winter National in Virginia Beach, as well as the 7th Annual ISSA Winter National also held in Virginia Beach; and WHEREAS, in August 2013, the Chesterfield Classics won the 19th Annual ISSA World Championship in Northern Virginia; and WHEREAS, the Chesterfield Classics also won the 7th Annual Winter Nationals in Virginia Beach in October 2014 and went on to win the ISSA U S Open National Championships in Myrtle Beach earning them a berth to participate in the World Tournament of Champions in Tampa, Florida held in January 2015, where out of seven teams in the 50+ AA, the Chesterfield Classics emerged as the Champions undefeated in both bracket play and in double elimination throughout the tournament; and WHEREAS, although the Classics play 50+, the average age of the team is 56, and all but one of the Chesterfield Classics are also members of the Chesterfield Senior Softball Association and all regularly play softball at Harry G. Daniel Park at Ironbridge; and WHEREAS, the Classics have participated in more than 19 charitable and non -charitable tournaments; and WHEREAS, the team members are true sportsmen, teammates, family men, religious men, athletes and are exceptional representatives of Chesterfield County; their members include Dean Bareford, Kenny Bonham, Bruce Clayton, Shakim (Sha) Davis, Lorenzo (Ren) Fahie, J. D. Gibson, Clayton Gray, Eric Q'(G��9 Gundersen, Allen Harlow, Jimmy Leavy, Andy Scruggs, Kennith Snyder, Dean Wray, Mike Wright and Steve Yates, managed by Barbara Williams Harlow with Assistant Kathy Spence. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 11th day of March 2015, publicly recognizes the 2015 Chesterfield Classics 50+ AA Senior Men's Travel Softball Team for its outstanding representation of Chesterfield County, commends the Chesterfield Classics on their commitment to excellence and sportsmanship, and expresses best wishes for continued success. AND, BE IT FURTHER RESOLVED that a copy of the resolution be presented to the Chesterfield Classics and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. 0 Q CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 a y ;,y AGENDA Meeting Date: March 11, 2015 Item Number: 17.A. Subject: Public Hearing to Consider the Exercise of Eminent Domain for the Acquisition of Property for the Route 60 (Alverser Drive to Old Buckingham Road) Widening Project County Administrator's Comments: County Administrator: Hold a public hearing and authorize the exercise of eminent domain for the acquisition of 0.086 acres of land located at 12213 Midlothian Turnpike from the Unknown Heirs of Augustus Anderson for the Route 60 (Alverser Drive to Old Buckingham Road) Widening Project, including the filing of a certificate of deposit, so that construction may begin prior to the commencement of eminent domain proceedings. Summary of Information: On October 26, 2011, the Board authorized staff to proceed with the Route 60 (Alverser Drive to Old Buckingham Road) Widening Project, including acquisition of right-of-way and easements. The Board also authorized the advertisement of an eminent domain public hearing, if needed. A design -build Request for Qualifications was advertised for the project on August 12, 2014, and the county received technical proposals for the project on December 22, 2014. During the review of the technical proposals by staff, a previously unidentified parcel located at 12213 Midlothian Turnpike, GPIN 7377080414 was discovered adjacent to Route 60. Court records suggest that this small parcel is residue left over from the original construction of Route 60 in 1931. Staff has been unable to identify and locate the owners of the property despite diligence to do so. The owners are believed to be the Unknown Heirs of Augustus Anderson. Plan sheets showing the impacted area and plats showing the proposed acquisition are attached. Preparer: Jesse W. Smith Title: Director of Transportation Department Attachments: 0 Yes FINo CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (continued) The county needs to acquire the entire parcel, 0.086 acres, in fee right- of-way for construction of the road widening. The county's assessed value for the property is $100. If the county proceeds with eminent domain, a certificate of deposit will be filed with the court, which will allow the county to immediately enter and use the right of way so the project can proceed without delay. Sufficient funds are available in the budget to pay the anticipated condemnation costs. Staff will continue its search for the property owners in an attempt to reach a settlement after the certificate is filed, and, if requested, the owner will be paid the county's assessed value for the property prior to the condemnation hearing. Recommendation: Staff recommends the Board authorize the exercise of eminent domain including the filing of a certificate of deposit for the acquisition of the subject parcel located at 12213 Midlothian Turnpike from the Unknown Heirs of Augustus Anderson for the Route 60 (Alverser Drive to Old Buckingham Road) Widening Project. District: Midlothian z FI F- OW Cd E z CA ) < z z Iz U -_j0 D E- < '-D 7< J, W < F-L'i 00 C-1 V ) LL W < W z CA 02 99 11 ui N mow' w ZIE WLLJ u lW- 'o C� 0 U, Z 0 C,, Ld < Lal L" P: U, 2 W- Lq LLI '4 Zq wLeJ 0 LLJ Q 0 < (3 (Lx Z C1 C7 W m di > w ZUr LIJ KC 1�21 5 M:OL� z 0 z — < I z 1, 0 co (D 'n tn zq , � ;,2! 'o, z F- 0 rz 4" R V) < S m > 0: :.J 0 0 § CL :z -j 7 (Y Sm U sc, xi ra ca R Z z > L) W L� W ry NIL W Ln o cn WE Z�Z0 0 n z r,"_ L 7 r WLC tip. -0 W W X FS -00 w 0 W i7l (D oo��a N U U -3�E-S w 0 Z ri 16 M, M, uj D U) Q< v L'i LL NOD 't WWQ 1,6j, S, L VV C) VC V U - Li Z LLR 0 It) 1 < W 3Jrh m < -J, w nn W. 0 0,90— a 'y r- 1 I AN 'j i g, w L= w > m ai M, fy; A co <CZw IW21 Li LIJ � n- wo a L, F, w lwl m w -co OOW z L, tn w U i2 n� tY 7, �<dI LJ alai zo v' U- cr C>< z Z -i L "n < "n Wo W= V, WV'ZOV rt' 0 Li LLI OL g 0 > (n 0 LU to-- D (ON co C; -j Z: W L.1 m C, - K) tri 0 0 C-4 0 rn Ld C- L/) It, LU cul n w 0 Lj U� > w 11-1 Caw C� Z <>< < D h ff) CL 0 Z�=Ww M OW -4M HjnOS w m 5; W-- Z 2 L 0 Er, uj uj a: = z uj ul V) M �- F- W O� w Advertising Affidavit Account Number 3005440 300 E. Franklin Street Date Richmond, Virginia 23219 (804) 649-6208 March 04, 2015 COUNTY OF CHESTERFIELD BOARD OF SUPERVISORS P.O. BOX 40 9901 LORI RD. CHESTERFIELD. VA 23832 Date Category Description Ad Size Total Cost 03/10/2015 Meetings and Events TAKE NOTICE Take notice that the Board of Supervi., 2 x 23 L 106.20 TAKE NOTICE Take notice that the Board of Supervisors of Chesterfield County, Vir• ginia, at a regular scheduled meetingg on March 11,2015, at 690p,m in the County Public Meeting room ale Chesterfield Administration Building, Rt 10 and tori Road, Chesterfield, Virginia, will hold a public hearing where persons affected may appear and present their views to consider. The exercise of eminent domain for the acquisition of 1222 Midlothian Turnpike, GPIN:7377080414forte Route 60 (Alverser Drive to Old Buclnngham Road) Widening Project (Virginia Department of Transportation Number 0060-920-R46, UPC 102959). If further information is desired, please contact Mr, Ian Millikan, Senior Engineer, at 7481037, between the hours of 8:30 a.m. and 5:00 p.m. Monday through Friday. Thehearl is held at a public facility designed to be accessible to per. sons with disabilities. Any persons with questions on the accessibility of the facility or reed for reasonable accommodations should contact Jan. ice B. Blakley, Clerk tote Board, at (801) 748.1200. Persons needing in. terpreter services for the deaf must notifythe Clerk to the Board no lat• er than March 6, 2015. Publisher of the Richmond Times -Dispatch This is to certify that the attached TAKE NOTICE Take was published by the Richmond Times -Dispatch, Inc. in the City of Richmond, State of Virginia, on the following dates: 03/04/2015 The First insertion being given ... 03/04/2015 Newspaper reference: 0000132676 Sworn to and subscribed before me this � 20/15 ')2U otary Public Supervisor Janet Johnson Williams 1\!0iW1W(' piJBLIC State of Virginia Corrrrnon A;a alth of Virginia City of Richmond 7.56 (1i41.16 My Commission expires My Commission Expires June 30, 2017 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: March 11, 2015 Item Number: 17.13. Subiect: Public Hearing to Consider a Lease Agreement Between the County and Spring Run Vineyards LLC at Eppington County Administrator's Comments: County Administrator: The Board is requested to consider a lease agreement of the Eppington Plantation Vineyard to Spring Run Vineyards, LLC. Summary of Information: The Board of Supervisors set the Public Hearing on this topic at its February 11, 2015 meeting. The County owns the property known as Eppington Plantation where the vineyard is located. A previous lease agreement allowed planting and ongoing management of the vineyard by Virginia State University through a grant that was awarded to explore the potential establishment of the vineyards using organic methods. The grant has expired and VSU staff has suggested that the County find another lessee. Spring Run Vineyards has proposed in cooperation with Eppington Foundation and the County to manage and maintain the Vineyard under a lease agreement with the County. The leased area would be approximately one acre. The term for the lease would be one year with the possibility for annual renewals. Rent of $100.00 per year would be paid to the County. The primary purpose for maintaining the vineyard is to add to interpretative programs about agriculture at Eppington. The Parks and Recreation staff recommends that the Board grant a lease agreement to Spring Run Vineyards, LLC. Preparer: Michael S. Golden Attachments: FlYes ® No Title: Director Parks and Recreation Advertising Affidavit 300 E. Franklin Street Richmond, Virginia 23219 (804)649-6208 COUNTY OF CHESTERFIELD BOARD OF SUPERVISORS P.O. BOX 40 9901 LORI RD. CHESTERFIELD, VA 23832 Account Number 3005440 Date March 04, 2015 Date Category Description Ad Size Total Cost 03/10/2015 Meetings and Events TAKE NOTICE Take notice that the Board of Supervisors of Ch 2 x 24 L 132.00 TAKE NOTICE Take notice that the Board of Supervisors of Chesterfield County, Vir- ginia, at a regular scheduled meetingg on March 11, 2015, at 6:30 pm. in the County Public Meeting room atthe Chesterfield Administration Buildng, Rt. 10 and Lori Road, Chesterfield, Virginia, vdll hold a public hearing where persons affected may appear and present their views to consider. A lease agreement between Chesterfield County and Spring Run Vine• yards to manage the vineyard at Eppington, Information regarding the lease agreement is on file in the county's De- partment of Parks and Recreation, 6801 Mimms Loop, Chesterfield, Vir• giniafor public examination between the hours of 8,30 an. and 5:00 pm. of each regular business day, For further information, please con. tact Mr. Mike Golden, Director of Parks and Recreation, at 14&1018, be. tween the hours of 8:30 am. to 5:00 pm., Monday through Friday. The hearingg is held at a public facility designed to be accessible to per• sons with disabilities.Any persons with questions on the accessibility of the facility or reed for reasonable accommodations should contact Jan. ice B. Blakley, Clerk to the Board, at (804)146.1200. Persons needing in. terpreter services for the deaf must notify the Clerk to the Board no lat- er than March 6, 2015. Publisher of the Richmond Times -Dispatch This is to certify that the attached TAKE NOTICE Take notice t was published by the Richmond Times -Dispatch, Inc. in the City of Richmond, State of Virginia, on the following dates: 03/04/2015 The First insertion being given ... 03/04/2015 Newspaper reference: 0000133958 Sworn to and subscribed before me this A ')N. �. otary Public Supervisor Janet Johnson Williams N077-RY PUBLIC State of Virginia Corn rrronvvealrh of Virginia City of Richmond 7566416 My Commission expires My Commission Expires June 30, 2017 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA 11lY Meeting Date: March 11, 2015 Item Number: W.C. Subiect: PUBLIC HEARING: Amend a Lease of County Property at Goyne Park County Administrator's Comments: County Administrator: Approve an amendment to the lease of county property at Goyne Park with SprintCom, Inc. Summary of Information: In 2007 the county leased a site in Goyne Park to SprintCom, Inc. for the construction of a cell tower. The lease allowed SprintCom to sublease space to two additional cell carriers with no rent adjustment. The current annual rent received is $27,600. SprintCom now wants to sublease additional space on the tower to a third carrier, and has agreed to pay an additional $6,000 annual rent to the county. A structural analysis has been completed and indicates that the tower can support the additional antennas. No additional ground space is needed. Approval is recommended. District: Bermuda Preparer: John W. Harmon Attachments: 0 Yes F� No Title: Real Property Manager PUBLIC HEARING: Amend a Lease of County Property at Goyne Park ChesterfieU County Department of Utilities WIl Ol (4 11 G 3 11*1 1 1 Advertising Affidavit 300 E. Franklin Street Richmond, Virginia 23219 (804j649-6208 CHESTERFIELD COUNTY RIGHT OF WAY OFFICE 9840 GOVERNMENT CENTER PKWY. P.O. BOX 608 CHESTERFIELD, VA 23832 Account Number 6025952 Date March 04, 2015 Date Category Description Ad Size Total Cost 03/10/2015 Meetings and Events TAKE NOTICE That on March 11, 2015, at 6:30 p.m. or as soot 2 x 16 L 92.00 TAKE NOTICE ih COvrli11,2015,at&30pm,rvassooiiMeaffasmaybe Publisher of the heard the Br�rrd of Sap�'r�� r� Chfstfrfiald Ca�o1y at hs rf filar matitgp!ateiON"kV4eetit 8�mofCl�sttst1dCour Richmond Times—Dispatch ,Vir g�ia, u611 toosid� am�d'IEg a Ifase of f�uofy pmpafy ai C�cy� Par4� 4EeAYfriu2 This is to certify that the attached TAKE NOTICE That on March was gi�ml�llregar�igfheleasermti121nUlePJqhtofV4ayOEfrrelo published by the Richmond Times -Dispatch, Inc. in the City of CheSterfdlDuo, VsgNi,aodq NeK dneJbya0iotested. Richmond, State of Virginia, on the following dates: pari+esbetv��c�thef�ursoi��am,andS:�1 pari,,lloodaythro�gh 1C�ay, 03/04/2015 IAN ' isheldatapub�mfatilrtydsigr�dtobeattessibletaper ull thatatlq}'altedforreasai�b�at�mmodatioasshouldcaotadlan The First insertion being given ... 03/04/2015 ite Bialdey,CldtoWoard,atTIR.M.Nisonull ggiufers prE!lerseNit�fathedeafmuStoatifytf-Clerktotl�eeoardrlolat� Newspaper reference: 0000139549 ihariV��rchb,2015• Sworn to and subscribed before me this -2-6/5 otary Public Supervisor Williams State of Virginia Co�nm�ri,aaa!9:n o Virginia City of Richmond My Commission L, pireF June 30, 2017 My Commission expires THIS IS NOT A BILL. - PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: March 11, 2015 Item Number: 20. Subiect: Adjournment and Notice of Next Scheduled Meeting Supervisors County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: of the Board of Motion of adjournment and notice of the Board of Supervisors meeting to be held on March 25, 2015, at 3:00 p.m. in the Public Meeting Room. Preparer: Janice Blakley Attachments: F-1 Yes Title: Clerk to the Board 0 No #